The URL can be used to link to this page

11/18/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 18, 2008 6:3€l P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS 'ra A. OATH OF OFFICE - Gary Hansen, Councilrmember #23 B. OATH OF OFFICE Aaron Machtemes, Police Officer IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES Q B. PERSONNEL ITEMS ID C. APPROVE Check Registers D. APPROVE Classification of Tax Forfeited Property 3 E. RECEIVE Draft Feasibility Report for Project 973 Windtree Additions Street Improvements and Schedule Public Hearing for December 16, 2008 ,00$ F. RECEIVE Draft Feasibility Report for Project 975 Marice Drive I Sherman Court 1 Norwest Court Street Improvements and Schedule Public Hearing for December 16, 2008 end G. RECEIVE Draft Feasibility Report for Project 976 Avalon 1 Burnside Avenue Street Improvements and Schedule Public Hearing for December 16, 2008 H. RECEIVE Draft Feasibility Report for Project 977 Robin Lane Street Improvements and Schedule Public Hearing for December 16, 2008 P.~p 1. APPROVE a Revised Wetland Replacement Plan for Project 04-B (Terra Glenn) P J. RECEIVE Petition to Vacate Public Drainage and Utility Easement, US Postal Service Bulk Mail Facility and Schedule Public Hearing for December 16, 2008 f -3D K. AUTHORIZE Preparation of Plans and Specifications for Contract 09-04 (Fish Lake Alum Dosing Station and Settling Basin) 10.3) L. APPOINT Maggie Jensen to fill vacancy on APC Commission M. APPROVE on-sale liquor and Sunday license for Ansari Brothers, Inc. dba Ansari's Mediterranean Grill & Bar located at 1960 Rahncliff Court V. PUBLIC HEARINGS V2 A. VARIANCE - Deerwvvd drive -Patrick Koehler -A Variance of 16.5' to the required 40' setback from the public right-of-way for a shed located at 1700 Deerwood Drive on Lot 5, Block 1 Oak Ridge Acres 1st Addition in the SE % of Section 20 1P 47 B. PROJECT 963, Nicols Road 1 Nancy Circle Street Overlay, Final Assessment Hearing i~ C. PROJECT 967, Wescott Road Street Overlay, Final Assessment Hearing VI. OLD BUSINESS f ID A. CONSIDER REQUEST to Remove Barricade on White Pine Way at Inver Grove Heights Boundary VII. NEW BUSINESS 'f A. ORDINANCE AMENDMENT -Chapter 4, Section 4,32 -Land Disturbance and Erosion Control Regulations R s, B. Receive Petition and Consider Installation of Stop Signs at the Intersection of Sherwood Way & Covington Lane VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY lu A. Call to Order' B. Adopt Agenda C. Consent Agenda 1. APPROVE EDA Minutes D. Old Business E, New Business 1. Authorize Submittal of CDA Redevelopment Incentive Grant for Cedar Grove F. Other Business G, Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIIL ADJOURNMENT City of Eayn TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 14, 2008 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 18, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 18, 2008 City Council agenda, the following items are in order for consideration. 6 Agenda Memo November 18, 2008 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Oath of Office - Gary Hansen, Councilmember 'rhe Oath of Office for newly-elected Councilmember Gary Hansen will be administered by Deputy Clerk Mira. Pepper Agenda Information Memo November 18, 2008, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS B. OATH OF OFFICE - Swearing in of New Police Officer FACTS: • Police Chief McDonald will introduce new Police Officer Aaron Machtemes to the Council and community. After a brief introduction, they will be administered the oath of office by Deputy Clerk, Mira Pepper. ■ Officer Macbtemes began his employment on September 22, 2008, Agenda Information Memo November 18, 2008 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 6, 2008 regular City Council meeting and the October 28, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: ■ Minutes of the November 6, 2048 regular City Council meeting will be sent out on Monday in the Additional Information Memo. ■ Minutes of the October 28, 2008 Special City Council meeting are enclosed on pages through MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, OCTOBER 28, 2008 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Fields, Hunter and Tilley. Councilmember Bakken was not present. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Superintendent of Utilities Schwan, City Engineer Matthys, Superintendent of Enterprise Operations Mesko, Campus Facilities Manager Vaughan., Director of Parks and Recreation Johnson; Fire Chief Scott, Chief Financial Officer Pepper, Community Development Director Hohenstein and Communications Director Garrison. 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. City Administrator Hedges requested that the Council receive an update on the Woodland Preserve barrier issue between the City of Eagan and Inver Grove Heights and also requested that an item be added to consider the direction for preparation of an ordinance amendment to Chapter 5 regarding liquor license regulations. Councilmember Fields moved; Councilmember Hunter seconded a motion to adopt the agenda with the two additions to Other Business. Aye: 3, Nay: 0 (Councilmember Tilley not yet present.) II. PROPOSED 2009 PUBLIC UTILITY ENTERPRISE BUDGETS City Administrator Hedges provided an overview of the proposed 2049 Public Utility Enterprise Budgets, which includes Water, Sanitary Sewer, Street I.ighting, Storm Drainage, and Water Quality. Mt. Hedges noted that user rates will be reviewed in December and incorporated into the City's annual fee schedule for City Council consideration, It was noted as a part of a 2- year plan, sanitary sewer rates are expected to be increased at a rate higher than the other utilities due to the increased costs passed along by the Metropolitan Council Environmental Services for operations and required construction costs related to inflow and infiltration (I&I). Hedges added that no significant changes to rates are contemplated for any of the other utilities operations; however, staff is recommending a comprehensive review of all utility rateslfees to be undertaken in early 2009. Public Works Director Colbert provided an overview bn the increased costs being passed along by the Metropolitan Council with regard to I&I. City Administrator Hedges noted that the proposed 2069 Water budget is proposed at $3,595,000, an operational increase of $261,100, or 7.9 percent from the 2008 budget. Hedges noted that the Sanitary Sewer budget is proposed at $5,558,940, an increase of $417,700 which is an increase of 8.1 percent over 2008. Special City Council Minutes October 28, 2008 Page 2 Councilmember Tilley arrived at 5:55 p.m. City Administrator hedges summarized the Street Lighting budget, noting that the proposed 2009 budget is $506,600, an $11,100 increase or 2.2 percent over the 2008 budget. Hedges summarized the proposed 2009 Storm Drainage budget, which is proposed at $194,900, reflecting a decrease of $28,600 or 12.8 percent from the 2008 budget. Hedges summarized the proposed 2009 Water Quality budget, noting that the budget is proposed at $613,700, which is an $18,900 or a 3.2 percent increase over 2008. The City Council discussed the proposed Public Utility Enterprise budgets and directed the budgets to a future Consent Agenda for format consideration. Public Works Director Colbert noted that a new state requirement will require cities by July of 2010 to implement new summer water conservation rates. 111. 2009 CASCADE BAY BUDGET City Administrator Hedges introduced the item, noting that the proposed 2009 Cascade Bay budget is balanced at $1,188,500, which is staters quo budget compared to the 2408 budget, which was approved at the same dollar amount. Hedges noted that no rate changes are proposed for 2009, and he summarized the 2008 attendance figures, expenditure and revenue rates, as well as a debt service payment surmnary. Mr. Hedges, along with Parks and Recreation Director Johnson, summarized the proposed marketing efforts for 2009. The City Council discussed the proposed budget and directed that the budget be included on an upcoming City Council meeting for formal consideration. IV. 2009 COMMUNITY CENTER BUDGET City Administrator Hedges introduced the item noting that the 2009 Community Center budget is proposed at $1,656,200, which represents a $23,200 or 1A percent increase over 2008. Hedges noted that the budget increase is being attributed to an increase in expenditures for electric and natural gas, and an increase in the renewal and replacement allocation. I ledges highlighted expenses associated with capital outlay and renewal and replacement, as well as marketing efforts and trends in the industry. The City Council discussed the 2009 proposed Community Center budget and directed that the budget be included in an upcoming City Council agenda for future consideration. V. 2009 EAGAN CONVENTION AND VISITORS BUREAU BUDGET City Administrator Hedges introduced the item noting that the Eagan Convention and Visitors Bureau (ECVB) budget is proposed at $877,000, an increase of 6.5 percent over 2008. Hedges noted that the Convention and Visitors Bureau Board has taken action on the budget and Special City Council Minutes October 28, 2008 Page 3 is forwarding it to the City Council for formal consideration. Hedges added that lodging tax revenues fund the ECVB's budget. Communications Director Garrison summarized the budget process used to formulate the 2009 proposed budget and introduced Brent Cory, Executive Director of the ECVB, who provided an overview of the proposed budget as well as highlights and trends in the industry. The City Council discussed the proposed budget and marketing efforts. Councihnember Fields suggested including the Eagan promotional flyer in the welcome packets provided to participants in local sports tournaments. Mayor Maguire suggested looking into possible partnerships with professional sports teams as well as the state high school league tournaments. Councilmcmber Fields moved; Councilmember Tilley seconded a motion to approve the 2009 ECVB budget. Aye: 4, Nay: 0 VI. 2009 GENERAL FUND BUDGET UPDATE City Administrator Hedges noted that the City Council approved the preliminary 2449 General Fund budget at their September 2, 2008 City Council meeting. Hedges summarized the continued work of staff on the preliminary budget, including the incorporation of necessary changes to specific line items and/or curtain proposed department budgets while maintaining the overall budget increase to no more than 4 percent. The City Council discussed the proposed modifications to the 2009 General fund budget, and directed that the budget be brought back to the City Council in December for formal consideration. VII. CONTINUED DISCUSSION OF NOISE ATTENUATION ORDINANCE City Administrator Hedges introduced the item noting that at the August 26 Council workshop the City Council had a preliminary discussion regarding the formation of a noise attenuation ordinance. Community Development Director Hohenstein provided an overview of the additional information that was requested by the City Council at the August 25 workshop. Hohenstein noted that all but six (or fewer) lots exist in Eagan that would not provide the opportunity for the City to apply conditions through a land use approval of some kind. Hohenstein added that as a consequence of the determination that all but the small number of properties could be addressed through the development approval and condition approach the City has applied successfully for nearly fifteen years, the benefit of adopting a detailed ordinance is very limited. Per the recommendation of staff and the City Attorney, the City Council provided direction for staff and the attorney's office to proceed with the consideration of an ordinance that formalizes the City's past practice with respect to the application of noise attenuation -1 Special City Council Minutes October 28, 2008 Page 4 analysis and noise attenuation conditions for development applications within the noise zones and buffer zone. VIII. OTHER BUSINESS Item 1. Woodland Preserves / Inver Grove Heights - City Administrator Hedges noted that per the direction of the Council, City staff was in contact with the City of Inver Grove Heights regarding the number of certificate of occupancies that have been granted in the Woodland Preserve development. It was noted that the development has not yet reached the 75 percent threshold of having certificate of occupancies granted. The City Council directed that staff communicate with the city of Inver Grove Heights to ask that they approach the City of Eagan in the spring of 2009 with an update as to the number of certificate of occupancies that have been issued, and the Council would consider removing the street barrier at that time, Item 2. Direct Preparation of an Ordinance regarding Liquor License Regulations= City Administrator Hedges noted that the new Cub Foods opening in Eagan does not meet the spacing requirements within the City Code with regard to liquor license regulations. Community Development Director Ilohenstein provided an overview of the issue and the proposed modifications that could be made to the ordinance to ensure that the liquor license regulations could be appropriately modified, per the advice of the City Attorney, in order to allow Cub Foods to reach their November 14 grand opening date. The City Council discussed possible options for changes to the ordinance. Couneilmmember Tilley moved; Councilmember Fields seconded a motion to direct the preparation of an ordinance amendment of City Code Chapter 5 to change the separation requirements between licensed liquor establishments and certain other uses. Aye: 4, Nay:0 Item 3. Procedure for November 6, 2008 City Council Meeting City Administrator Hedges noted that Councilmember Hunter has been asked to stay at the dais through the November 6 City Council meeting agenda, which would result in the newly elected City Councilmember taking over official meeting duties at the November 18 City Council meeting. VI. VISITORS TO BE HEARD There were no visitors to be heard. X. ADJOURNMENT Councilmember Fields moved; CounciImernber Tilley seconded a motion to adjourn the meeting at7:15 p.m. Agenda Information Memo November 18, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Clerical Tech IVIPolice- ACTION TO BE CONSIDERED: To approve the hiring of Margaret Knoll, part-titre Clerical Tech IV in the Police Department. Agenda Information Memo November 18, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO RE CONSIDERED: To ratify the check registers dated October 30, 2008 and November 6, 2008 as presented. ATTACHMENTS: • Check registers dated October 30, 2008 and November 6, 2008 are enclosed without page number. Agenda Information Memo November 18, 2008, Eagan City Council Meeting D. APPROVE CLASSIFICATION OF TAX FORFEITED PROPERTY ACTION TO BE CONSIDERED: To declare the following parcels as non-conservation land: 1. 10-17402-040-00 (Cinnamon Ridge Td Addition Outlot D) 2. 10-62750-040-00 (Rahn Ridge Outlot D) 3. 10-65903-021-00 (St Francis Wood 4th Addition Outlot B) 4. 10-65903-031-00 (St Francis Wood 4th Addition Outlot C) 5. 10-02100-010-40 (Unplatted Part of Section 21) FACTS: The City has been notified by Dakota County of these parcels noticed as tax forfeited for non-payment of taxes. The parcels appear to be primarily remnants resulting from development (4) and one platted and privately owned cul-de-sac. Unless the City desires to use any of the parcels for a public purpose, Dakota County has requested that the City approve the classification of the properties as non-conservation land in preparation for sale. The steps are all necessary to follow the legal process. The parcels have been reviewed and there are no City public purpose uses that would suggest that the City retain control over any of the parcels. However, an easement is required as 'Follows. The City has an interest in being granted a utility easement over 10- 17402-040-00 (Cinnamon Ridge 3`d Addition Outlot D), property number 1 above. The property is a cul-de-sac owned and maintained by the private homeowners. The City has utility services within the outlot, but does not have a utility easement. Staff is working with the City Attorney's Office, the County Attorney, and the County Auditor's Office to obtain the necessary easement without actually acquiring the parcel. ATTACHMENTS: Enclosed on page ~a is a copy of the County resolution. Enclosed on pages through are copies of the site maps and aerial photos for each of the parcels. CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS PROVIDED BY CHAPTER 385, LAWS 1935 AS AMENDED. To the City Council of the city o EAGAN We, the members of the County Board of the County of Dakota, Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us as non-- conservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes for the year or years 2001-2006 as provided by by Minnesota Statutes 1945, section 282.41 as amended. SUBDIVISION 10-17402-040-00 CINNAMON RIDGE 3RD ADD OUTLOT 10-62750-040-00 RAHN RIDGE OUTLOT D 10-65903-021-00 ST FRANCIS WOOD 4TH ADD OUTLOT 8 10-55903-031-00 ST FRANCIS WOOD 4TH ADD OUTLOT C 10-02100-410.44 SECTION 21 TWN 27 RANGE 23 PT OF GOVT LOT 4 BEG AT BOUNDARY COR B14 ON MN R/W PLAT 19-50 S'LY AZ 194D22 M30S 480FT AZ 104D22M34S 48.12FT AZ 14D22M30S 480 FT TO BOUNDARY COR 895 AZ 284D22M308 48.12 FT TO BEG 21 27 23 In witness hereof we have hereunto subscribed our names this da o - - Chairman of the d r Attest: County asurer-Auditor - I/V The Forgo€ng classlfcatlon sale is hereby approved. By the at the of EAGAN Dated . ~Ll.~t C7J'' SITE MAP PROPERTY ID NUMBER: 10-17442-040-00 2098 ESTIMATED MARKET VALUES (PAYABLE 2099) 200B BUILDING INFORMATION (PAYABLE 2009): s FEE OWNER: STATE OF MN - F TAX LAND: 2,100 LOT 517£ (EXCLUDES NO DATA AVAILABLE 1590 HIGHWAY 55 BUILDING: ROAD EASEMENTS) HASTINGS MN 55033 TOTAL: 2,100 7,878 SLI FT PAYABLE 2008 TAXES (DELINQUENT TAXES IN PAST YEARS) SCHOOL DISTRICT: 1$8 0,17 ACRES NET TAX: 24X0 LOCATION: NW114 SW114 SECTION 30-027.23 SPECIAL ASSESSMENTS- 0.00 TOTAL TAX & SA: 24.80 PAYABLE 2008 HOMESTEAD STATUS: NON HOMESTEAD PAYABLE 2008 ASMNT USAGE. RESIDENTIAL WATERSHED DISTRICT; GUN CLUB LAST QUALIFIED SALE: PATE- AMOUNT: /rte E:[j , U- ~ f . r ~ 1 t' hlk vN 1 NOTE: Dimensions rounded to nearest fool. PLAT NAME; CINNAMON RIDGE 3RD ADD N TAX DESCRIPTION: OUTLOT Copyright 2008, Dakota County- D This drawing is neither a lega;ly reeorded map nor s survey and is not intended to he used as one. This drawing Is a compifallon of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, and Is to be used for reference purposes only. Dakota County Is riot responsible for any Inaccuracies herein contained. €f discrepancies are found, please contact Dakota County Survey and Land Information Department, Map Rate: July 17, 2008 Parcels Updeled: 7111/2006 Aeria4 Photography; 2002 Srh` sy1 Y • f, - h ~M - A' Z, lil' ~ III {e} Copyright 2405, Pie€ometry International Corp. SITE MAP PROPERTY ID NUMBER: 10-62750-040-00 2008 ESTIMATED MARKET VALUES (PAYABLE 2009) 2808 BUILDING INFORMATION (PAYABLE 2008): s FEE OWNER: STATE OF INN - F TAX LAND: 23,400 LOT SIZE (EXCLUDES NO DATA AVAILABLE 1590 HIGHWAY 55 BUILDING: ROAD EASEMENTS) HASTINGS MN 55033 TOTAL: 23,100 33,085 SQ FT PAYABLE 2408 TAXES (DELINQUENT TAXES IN PAST YEARS) SCHOOL DISTRICT; 191 0.78 ACRES NET TAX: 28138 LOCATION: SEIM NEIA SECTION 31.027.23 SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA: 281,88 PAYABLE 2009 HOMESTEAD STATUS: NON HOMESTEAD PAYABLE 2009ASMNT USAGE. RESIDENTIAL WATERSHED DISTRICT: GUN CLUB LAST QUALIFIED SALE: DATE: AMOUNT: J ~L -j72E11tTA LZS_.. L~ 1 ``may ;~f ` •ti ~ ~ /jam rr j ~ J/ ~ ~ ~ ^ ~ ~ oa7 BLS&$L-t~-J~~ NOTE: Dlmenslons rounded to nearest fast, PLAT NAME: RAHN RIDGE TAY, DESCRIPTION; OUTLOT Copyright 2008, Dakota County - ❑ This drawing is neither a Iegally recorded map nor a survey and is not intended to be used as one, Th€s drawing is a cemplla0nn of records, Inforrnalion and data Iaeated In various Illy, county, and state offlces and other sources, affecting the area shown, and Is to be used for reference purposes only. Dakota County is not respons'Ma for any Inneurarles herein contained. If discrepancies are found, please oontact Dakota County Survey and Land Information Department. Map Date: July 17, 2008 Parcels Updated: 7111120DB Aerla€ Photography: 2001 dr J 1 ~ yR ~e f.f t jt~ "ice Man= {c} Copyright 2006, Pictometry Intematsonul Corp. SITE MAP PROPERTY ID NUMBER: 10-65903-021-00 2008 ESTIMATED MARKET VALUES (PAYABLE 2008) 2408 BUILDING INFORMATION (PAYABLE 2009): FEE OWNER: STATE OF MN - F TAX LAND: 7,700 LOT SIZE (EXCLUDES NO DATA AVAILABLE 1590 HIGHWAY 55 BUILDING: ROAD EASEMENTS) - HASTINGS MN 55433 TOTAL; 7,700 24,984 SQ FT PAYABLE 2008 TAXES (DELINQUENT TAXES IN PAST YEARS) SCHOOL DISTRICT: 195 0.57 ACRES NET TAXi 94,45 LOCATION: NEI14 SE414 SECTION 15-027-23 SPECIAL ASSESSMENTS-. 0.00 TOTAL TAX & SA: 94.46 PAYABLE 2008 HOMESTEAD STATUS: NON HOMESTEAD PAYABLE 2009 ASMNT USAGE: RESIDENTIAL WATERSHED DISTRICT: GUN CLUB LAST QUALIFIED SALE; DATE: AMOUNT: \L - r 1 _ ABBEY WAX-- = l 3. NOTE: Dimenslarls rounded to nearest fool. PLAT NAME: ST FRANCIS WOOD 4TH ADD N TAX DESCRIPTION: OUTLOT Copyright 2008, Dakota County - B This drawing Is neither a legally recorded map nor a survey and Is no[ Intended to be used as one. This drawing Is a compUaGon of records, Informtjon and dale located In varlous city, county, and sate offices and other sources, affecting the area shown, and Is to he used for reference purposes only. Oakola County is not responsible for any Inaccuracies herein contalned. U discrepancies are fOUnd, please contact Dakota County Survey and Land lnformat5on Depadmen[. q Map Date: July 17,200B Parcels Updated: 714712008 Aerial Photography: 4959 1 SITE MAP PROPERTY ID NUMBER: i0.65943.031.00 2008 ESTIMATED MARKET VALUES (PAYABLE 2009) 2048 BUILDING INFORMATION (PAYABLE 2009): FEE OWNER: STATE OE MN - F TAX LAND: 15,400 LOT SIZE (EXCLUDES NO DATA AVAILABLE 1590 HfGHWAY55 BUILDING: ROAD EASEMENTS) HASTINGS MN 55933 TOTAL: 15,440 59,425 SQ FT PAYABLE 2048 TAXES (DELINQUENT TAXES IN PAST YEARS) SCHOOL DISTRICT: 188 1.36 ACRES NET TAX: 183,70 LOCATION: NE114 SE114 SECTION 15.027-23 SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA: 183,70 PAYABLE 2009 HOMESTEAD STATUS: NON HOMESTEAD PAYABLE 2009 ASMNT USAGE:RESIDENTiAL WATERSHED DISTRICT: GUN CLUD LAST QUALIF€ED SALE: DATE: AMOUNT: - --~~Ggt1~~ - _ y `z i NOTE: Dimanslons rounded to nearest fool. PLAT NAIVE: ST FRANCIS WOOD 4TH ADD N TAX DESCRIPTION: OUTLOT Copyright 2009, Dakota County - C This drawing Is neither a legally recorded map nor a sa"ey and is not intended to be used as one. This drawing Is a compllation of records, Information and dala located in various city, county, and state oboes and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracles herein conlalned. if discrepancies are found, please conlad Dakota County Survey and Land information Department. LJr1C~ Map Date: July 17, 2008 Parcels Updated: 7)1312008 Aerial Photography: 1399 min i S[ i l~ i hr f' _ _ rs ~Y.c (c) Copyright 2405, Pictometry Intemationa] Corp. SITE MAP PROPERTY ID NUMBER: 10-02100-010-40 2008 ESTIMATED MARKET VALUES (PAYABLE 2009) 2008 BUILDING INFORMATION (PAYABLE 2009y: FEE OWNER: STATE OF MN - F TAX LAND: 90,900 LOT SIZE (EXCLUDES NO DATA AVAILABLE 3590 H€GHWAY55 BUILDING: ROAD EASEMENTS) HASTINGS MN 55433 TOTAL: 10,800 23.098 SQ FT PAYABLE 2008 TAXES (DELINQUENT TAXES IN PAST YEARS) SCHOOL DISTRICT: 198 0.53 ACRES NET TAX: 129.54 LOCATION: NW114 NE114 SECTION 21.027-23 SPEC AL ASSESSMENTS: 0.00 TOTAL TAX & SA: 129.54 PAYABLE 2003 HOMESTEAD STATUS: NON HOMESTEAD PAYABLE 2049 ASMNT USAGE-. RESIDENTIAL WATERSHED DISTRICT: GUN CLUB LAST QUALIFIED SALE: DATE: AMOUNT: r..jFCrt~~o ] ter,- - ] LC Q Ef~dlffl~lj I join Fxs._.. L.N w I NOTE: Dimensions rounded to nearest fool. PLAT NAME: SECTION 21 TWN 27 RANGE 23 N TAX DESCRIPTION: PT OF GOVT LOT 4 BEG AT Copyright 2008, Dakota County - BOl9NDARY COR B14 ON MN R1W PLAT 19-50 STY AZ 194D22 This drawing Is neither a legally recorded map nor a survey and Is nut intended to be used as one. M303 48DFT AZ 104D22M3OS This drawing is a compilation of records, informatlon and data located In various city, county, and 48.9 2FT AZ 114D22M30S 480 FT state offices and other sources, affecting the area shown, and Is to be used torreferenre purposes TO BOUNDARY COR B15 AZ only. Dakota County Is not responsible for any Inaccuracies herein contained. If discrepancles are 284D22M305 48.12 FT TO BEG found, please contact Dakota County Survey and Land Information Department. 21 2723 Map Date: July 17, 2008 Parcels Updated: 711112008 Aerial Photography. 2004 `r::~nktj~.. u r 7 l ~ .`a ~ ;~Y, 6.~ ' i i ' :~Y. ay= IV f f ;•N 1 } 4 ~I~ ,~,u .4~ ~...a: {c) Capyraght 2005, Pictomefry Jn[ernafianal Carp. Agenda Information Memo _ November I8, 2008 Eagan City Council Meeting E. PROJECT 973, WINDTREE ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 973, (Windtree Additions Street Improvements) and schedule a public -hearing to be held on December 15, 2008. FACTS: On Tune 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the street within the Windtree Additions in cast-central Eagan. • A structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5-Year CIP (2009-2013). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public bearing to review and discuss the proposed improvements. • A draft: of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 15, 2008. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. acA Agenda Information Memo November 18, 2008 Eagan City Couneil Meeting F. PROJECT 975 MARICE DR/ SHERMAN CT/ NORWEST CT STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Prgject 975, (Malice Dr./Sherman Ct.INorwest Ct. - Street Improvements) and schedule a public -hearing to be held on December 15, 2008. FACTS: ■ On June 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Marice Drive, Sherman Court, and Norwest Court north of Yankee Doodle Rd and east of Pilot Knob Rd in central Eagan. ■ A structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5-Year C1P (2009-2013). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council.for their consideration of scheduling a public hearing for Monday, December 15, 2008. ATTACHMENTS: ■ Draft Feasibility Report, attached without page numbers. Agenda InformAtion Memo November 18, 2008 Eagan City Council Meeting G. PROJECT 976, AVALONI BURNSIDE AVENUES STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 976, (Avalorrl Burnside Avenues - Street Improvements) and schedule a public hearing to be held on December 15, 2008. FACTS: * On June 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Avalon Avenue and Burnside Avenue in north- central Hagan. * A structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5--Year CIP (2009-2013). * An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. ■ A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 15, 2008. ATTACHMENTS: * Draft Feasibility Report, attached without page numbers. ~1 Agenda ltnformation Memo November 18, 2008 Eagan City Council Meeting H: PROJECT 977, ROBIN LANE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 977, (Robin Lane - Street Improvements) and schedule a public hearing to be held on December 15, 2008. FACTS: : On June 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Robin Lane in northwest Eagan. A combination of pavement recycling and a structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5-Year CIP (2009-2013).. An infalmational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 15, 2008. ATTACHMENTS: ■ Draft Feasibility Report, attached without page numbers. as- Agenda lnforindion Memo November 18, 2008 Eagan City Council Meeting 1. PROJECT 04-B, TERRA GLENN REVISED WETLAND REPLACEMENT PLAN ACTION TO BE CONSIDERED: Approve a revised wetland replacement plan for Project 04-B, Terra Glenn. FACTS: • On December 16, 2003, the Eagan City Council approved a wetland replacement plan for the Terra Glenn subdivision, located on Birchpond Road west of the Maintenance Facility. The Advisory Parks Commission provided recommendations to the Council on this plan. • The decision allowed 2,574 f 2 (0,059 acres) of wetland impact and required 5,148 R2 (0.118 acres) of on-site wetland creation. The decision also required 21,386 ft (0.491 acres) of on-site wetland creation to reimburse wetland rank credits withdrawn horn the City's account for wetland impacts caused by the construction of Hunt Drive, located north of the Maintenance Facility, according to a June 17, 2003, agreement between the City and Blue Cross Blue Shield (BCBS; previous landowner). • The Terra Glenn developer completed construction of the wetland replacement site in summer 2004. After the first two annual monitoring reports acknowledged a lack of hydrology at the site, the City initiated a series of meetings with the developer (Lennar) and BCBS to resolve the problem. After the third annual monitoring report indicated still no improvement, Lennar considered several correction options, but ultimately concluded any option would be cost prohibitive and would significantly extend the overall time to satisfy the City's requirements. • Therefore, Lennar proposes to meet the City's requirements through withdrawal of 29,403 fe (0.675 acres) of Lennar wetland bank credits versus continuing ongoing efforts to create 26,534 fl2 (0.603 acres) of wetland on site. Based on Lennar's interpretation of WCA Rules 8420.0549, 5,881 ft2 (0.135 acres) of wetland bank credits would be withdrawn for the development's impact and 23,522 R2 (0.540 acres) of wetland bank credits would be transferred to the City's wetland bank account. • City Water Resources staff has reviewed the revised plan and found the wetland bank approach an appropriate resolution of the ongoing problems and challenges with the Terra Glenn wetland rcplaccment site. The plan is in order for favorable Council action. • On October 17, the Advisory Parks Commission unanimously adopted a motion to recommend approval of this plan. Agenda Information Memo _ November 18, 2008 Eagan City Council Meeting J. US POSTAL SERVICE BULK MAIL FACILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements within the four United States Postal Service properties at 3145 Lexington Avenue and schedule a public healing to be held on December 15, 2008. FACTS: ■ On November 5, 2008, City staff received a petition from Dennis Honsa - BDM Surveyors representing the, United States Postal Service, requesting the vacation of public drainage & utility easements within the four U.S. Postal Service properties (Parcels 10-01000.010-06, 10.01000--010-05, 10-45001-010-00, and 10-01000-011- 01) at the bulls mail facility at 3145 Lexington Avenue. ■ The easements were dedicated by the U.S. Postal Service with previous public improvement projects for the consti action and maintenance of public utility lines and ponding. Many of these lines will be relocated as part of the USPS relocation expansion from St. Paul and it will be beneficial to clean up the proposed plat of the properties by avoiding any underlying unnecessary public easements. ■ , It is anticipated that the proposed final plat, dedicating all necessary replacement public easements, will also be presented to the Council for consideration in December 15, 2008, to coincide with consideration of this vacation. • Notices for a public hearing will be published in the, legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: ■ Location Map, page ■ Easement Vacation Exhibit, page ) MENDOTA HEIGHTS INTERSTATE /494 r\n LNJ LONE OAK ROAD Z Z~ J Proposed o Easement Vacations © g Uj o a. Ll I YANKEE DOODLE ROAD ¢ c M f. ~ ) z 0 H z x hr ESCOTT R U.S. Postal Service Bulk Mail Facility City of Ea Proposed Easement Vacations 11-12-2008 Engineering Department Location Map LONE OAK ROAD - i I ~ ll CLUBVIEW DRS I AT ; g United States - CO Bulk Mail Facility w Q ~ z ,ft 7 N_~''truZ W J ~YvvP FF Easements to be vacated U.S. Postal Service Bulk Mail Facility City of Ea Ran Proposed Easement Vacations 11-12-2008 Engineering Department Easement Vacation Exhibit Agenda Information Memo November 18, 2008 Eagan City Council Meeting K. CONTRACT 09-04, FISH LADE STORMWATER TREATMENT SYSTEM ACTION TO BE, CONSIDERED: Authorize the preparation of plans and specifications for Contract 09-03 by Eonestroo Inc. to constnlct an alum treatment settling basing and refurbishment of the Fish Lake alum dosing station. FACTS: ■ Eagan's Water Quality and Wetland Management Plan ranks Dish Lake as the top priority of 30 lakes for long-term enhancement and protection efforts. • Fish Lake water quality has been an issue since the late 1980s. In 1994, to determine the problems and potential solutions, the City completed a study through the Clean Water Partnership (CWP) program of the Minnesota Pollution Control Agency (MPCA). ■ The CWP study concluded that over 50% of the phosphorus input to Fish Lake is in stormwater delivered via the northeast storm sewer outlet. Phosphors is abundant in plant and animal matter and attaches to fine soil particles. In lakes, it can cause "blooms" of algae, which significantly impair water quality. ■ One solution the CWP study proposed was an alum-dosing facility, which the City built in 1998 at the stormwwater lift station east of Fish Lake. The facility's purpose is tD remove stormwater phosphorus before it enters the lake by adding alum (aluminum sulfate) directly into the storm water flows. Alum binds with phosphorus and other substances creating an inert sludge, rendering the phosphorus unavailable to algae. ■ ,From 1998 to 2000, the City operated and assessed the performance of the alum-dosing facility on a trial basis. During this period, alum sludge accumulated temporarily in a wetland (City Pond TP47) located between the dosing station and Fish Lake. Since 2040, the facility has been turned off due to the large precipitate accumulations in JP-47 (i.e. filling a wetland). The five-year state pennit to operate the system expired in 2002. The City removed the accumulation of alum sludge and restored 3P-47 in early 2004. • Analyses of water quality data collected from Fish Lake from 1991 to 2008 strongly suggest the facility meets its intended purpose. Furthermore, the data suggest there was a residual positive benefit one year after the facility was turned off. During the 1991-2001 period, there was a statistically significant decreasing trend in Fish Lake phosphorus. Phosphorus levels in 2001 were consistent with the water quality goal. The data also suggest the gains made through alum dosing were lost after the facility was turned off. During the 2002-2008 period, there was a statistically significant increasing trend in phosphorus, and the 2008 levels were similar to those in the early 1990s. ■ In 2005, the MPCA listed Fish Lake as impaired for aquatic recreation due to excessive nutrients (i.e., phosphorus). In 2008, the City received a $45,000 MPCA grant to determine how phosphorus is getting into Fish Lake, establish the maximum amount of phosphorus the lake can receive and still meet water quality standards, and determine phosphorus reduction goals to restore Fish Lake. The study will be completed in 2009. • To operate the facility in the future, the City would need to construct a permanent settling basin. With the current set up, the City would not meet state water quality standards for dissolved aluminum in a "water of the state" (i.e., JP-47), and would have to deal with significant wetland impacts via sludge accumulation. • The design will be based upon a permanent operation plan and enable the City to re-start the alum dosing facility. The consultant will assess the existing system and evaluate needed upgrades to improve process control and to reduce overall costs while maintaining water quality improvements. The plans will address the collection and periodic removal of aluminum-based sludge. Agenda Information Memo City Council Meeting November 18,2008- L. APPOINT MAGGIE JENSEN TO FALL MEMBERSHIP OF ADVISORY PLANNING COMMISSION ACTION TO BE CONSIDERED: To appoint Maggie Jensen to fall the Advisory Planning Commission seat vacated by Gary Hansen. FACTS: • The election of Gary Hansen to the City Council creates a vacancy in his position on the Advisory Planning Commission. • Mr. Hansen's term expires in April of 2009. In cases like this, the Council's policy has been to appoint the Commission Alternate - in this case, Maggie Jensen - to fill the remainder of the member's term. • The Council policy also permits the Council to appoint a replacement to the alternate position if the vacancy occurs prior to January 1. If the Council wishes to consider such a replacement, it would be appropriate to pull this item and give direction to staff to bring the list of Commission applicants who had expressed interest in the APC to a future Council meeting for action. • In the alternative, the Commission can operate with the seven regular members and no alternate until the next appointments occur in May, 2009. The APC has not experienced any challenge in having a quorum to date. ATTACHMENTS: s None 31 Agenda Information Memo November 18, 2008, Eagan City Council Meeting M. APPROVE ON-SALE LIQUOR AND al NDAY LICENSE FOR ANSARI BROTHERS INC. DBA ANSARI'S MEDITERRANEAN GRILL & BAR LOCATED AT 1960 RAHNCLW COURT ACTION TO BE CONSIDERED: To approve the on sale liquor and Sunday license for Ansari Brothers, Inc. dba Ansari's Mediterranean Grill & Bar located at 1960 RahncliffCourt. FACTS: ➢ Ansari Brothers, Inc. has applied for an on sale liquor and Sunday license. David Ansari is the sole officer ofthe corporation. ➢ Approval of a Conditional Use Pernnit, to allow liquor sales at this location, was approved by Council on October 7, 2008. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the on sale liquor and Sunday license. ATTACHMENTS (0): ~c~ Agenda Information Memo November 18, 2008, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - PATRICK KOEHLER 1740 DEERWOOD DRIVE ACTION TO BE CONSIDERED: To approve (or direct preparation of findings for denial) a Variance of 1. 6.5 feet to the required 40-foot front yard setback to construct a shed at 1700 Deerwood Drive, legally described as Lot 5, 131ock 1, Oak Ridge Acres I" Addition, in the SE i/4 of Section 20, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS : ➢ The property contains an existing single--family home with an attached two-stall garage which was constructed in 1975. ➢ The minimum required structure setback from Deerwood Drive, a major collector roadway, is 40 feet. ➢ The applicant proposes to construct a 14.75' x 18' shed in a former stairwell attached to the garage. ➢ The proposed shed will be set back 23.5' from the front lot line. ➢ The shed makes use of existing brick and block walls, and remaining wall areas will be finished with Hardi Board siding painted to match the house. The roof line of the shed also matches that of the garage. ➢ Lot coverage requirements are satisfied and the shed is proposed to be architecturally compatible with the existing home. ➢ The applicant's stated hardship is the topography and existing site layout which "limit what can be easily constructed" on the property. ➢ In addition to making use of existing brick walls, the applicant's narrative states that the shed eliminates a dangerous fall area adjacent to the existing stairs that lead up the hill from the driveway to the house. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: December 27, 2008 ATTACHMENTS 2 Location Map, page P1anai~ing Report on page throug]ILJ~_ Eagan Boundary [tight-of-way Parcel Area Location Map Park Area S Building Footprint _ L gym,®~ J ~ ~ ~ R~ CS p 7 t 0o r+ ~ a ~ v ~ Cs ° ' n p 9 fl ` 0 ~ az tl a f1 't~ ~3 O v ~ ra ~ ~ c+ ~ P ❑ 0 l~ ~yCI ~ ~ ~ Y a d ~ p Q p f.~ ~ ac' fl ~ " ❑ o..p o a ° Subject Site a fl ~3 t7 q Q D ~ /.7 I n D mow. i` p D~ A 4 d Q ~ d a 9 ~ . 47 rao p O ' a rwi g ~ Vj ray E,J fl, p U 0 4 . ~ 4 4 LY ~ ~ Capra c,° p ~ e ~ 4 c,&A.H. He. 3) IVY ROAD) q D Pa a m ~ mmCl l C1 Cf L7 4000 0 4000 2000 Feet ©evelopmentlDeveloper: Patrick Koehler Application: Variance Case No.. 20-VA-21-10-08 sq- , N Wan City of jO an THIS MAP IS INTENDED FOR REFERENCE USE ONLY w P d The Clfy of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 C um muntly Development Department not res Pon sl hle for errs rs at omissions. 1 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 13, 2008 CASE: 20-VA-21-10-08 APPLICANT: Patrick Koehler HEARING DA'Z'E: November 18, 2008 PROPERTY OWNER: Patrick Koehler APPLICATION DATE: October 28, 2008 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 1700 Deerwood Dive COMPREIIENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF RE VEST The applicant is requesting approval of a 16.5' Variance to the required 40' setback from Deerwood Drive for property located at 1700 Deerwood Drive, legally described as Lot 5, Block 1, Oak Ridge Acres 1" Addition, in the S '/4 cif Section 20, AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and resrilt from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Cade. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report - Patrick Koehler, 1704 Deerwood Drive Nc)vcmbcr 18, 2008 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f The variance would not be materially detrimental to the purposes of this Code or to property in the saute zone. CODE REQUIREMENTS Section 11.6, Subdivision 5.E of the City Code requires a 30-foot front yard setback fi-om a public right-of-way for property zoned R-1. On this property, because Deerwood Drive is a major collector roadway and has a right-of-way width of 80 feet, a 40-foot structure setback is required from Deerwood Drive. By definition, accessory uses are subordinate to the dwelling and thus, must be sinallcr in arc( than the dwelling, and shorter than or equal to the height of the dwelling. BACKGROUNUIHISTORY The property was platted in 1976 and the existing home was constructed the same year. EXIS'T'ING CONDITIONS The 131' x 280' lot is 37,026 sq. ft. in area and contains an existing single-family home with a two-stall attached garage. The subject s"ste is located on the south side of Deerwood zf~ Drive, j ust west of I-35 E. Driveway access is x from Deerwood Drive. The property slopes n S F ~ - x i U down from south to north; the :house is set up ~x the hill on the property, with the attached garage in front and below at street level. A sidewalk and staircase leading down to the driveway from the house is located east of the u.; garage, with a brick retaining wall on the east side of the driveway. According to the site plan submitted by the applicant, the existing garage is set back 33 feet from the front property line on Deerwood Drive. Construction on the shed had begun when City staff informed the property owner of the setback violation. Because the shed is less than 120 sq. f in area, the owner did not obtain a building permit prior to beginning construction. The shed will need to be attached to the existing principal structure, so a building permit will be necessary, in addition to the requested setback variance. 3~ Planning Report - Patrick Koehlcr, 1700 Deerwood Drivc November 18, 2008 Page 3 EVALUATJON OF REQUEST Proposal - The applicant is requesting a Variance of 15.5' to allow for the construction of a storage shed sq. ft. (14.75' x 8' m 118 s.f.) on property zoned R-1 (Single-Family Residential). The shed is located in an existing former stairwell adjacent to the garage. The Zoning Ordinance requires a 40' structure setback from Deerwood Drive (a major thoroughfare). The proposed shed projects closer to the front lot line than the existing garage, with a setback of 23,5 feet to the front lot line. Thus, a Variance of 16.5 feet is requested. A shed or accessory stilacture or use is not permitted in the front yard if detached from the principal building. However, if it is attached to the principal structure, then it must meet required structure setbacks. [ F`r--The proposal appears to satisfy other Zonings m . Ordinance requirements, according to the plans w r r4 3 ~ _ 'ku~ submitted. The area of the garage and shed .ms's together will be 648 sq. ft., which is less than the footprint area of the house (2,242 sq. ft.). The a building coverage of the principal structure will be M 2,894 sq. ft., or 7.8% of the lot area. As infi l in a fonnerstairwell, the shed snakes use of existing brick walls; the remaining wall areas will be finished with Hardi Board siding painted to match; the existing structure. 'while the house has a gable roof, the garage roof slopes gently to the front. The sloped roof line of the shed matches that of the garage. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief may be granted provided that there arc special conditions (i.e., topography, unique lot configuration, vegetation, etc.) that apply to the parcel in question. There is significant topography on this lot which requires the stairs and retaining walls. The applicant states that the shed is enclosing an otherwise open area of a former stairwell and eliminating a fall hazard. The stied does not impair sight lines from the public rights-of-way. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and provide open space. Since the request-is to reduce the setback to less than the 40' minimum, it appears to be contrary to the intent of the ordinance. The shed is proposed to enclose an existing area malting use of existing brick and block walls already in place. It will also be attached to the existing garage. This area is accessible from the 37 Planning Report - Patrick Koehler, 1700 Deerwood Drive November 18, 2008 Pagc 4 driveway for storage of yard and garden equipment. The proposed shed meets other applicable zoning requirements. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for construction of an attached shed. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the sarne use as others within the R-1 zoning district without relief from the Zoning Ordinance. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's estimated hardship is the topography and existing site layout which "limit what can be easily constructed." According to the applicant's narrative, the structure makes use of existing brick and block walls and also eliminates a dangerous fall area adjacent to the existing stairs that lead up the hill from the driveway to the house. SUMMARY/CONCLUSION The applicant is requesting a setback Variance for the construction of a shed. A single family dwelling with a two-stall garage is present on the site. The applicant's estimate of hardship is the topography and existing site layout. These conditions appear to be unique to this property and do not apply generally to other R-1 zoned properties. The proposed shed would not impair sight lilies from the public rights-of-way. ACTION TO BE CONSIDERED To approve an 16.5' Variance to the required 40' setback from a public right-of-way for property located at 1700 Deerwood Drive, legally described as Lot 5, Block 1, Oak Ridge Acres I" Addition, in the SE'Ia of Section 20. If approved, the following conditions should apply: 1, If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to continuing with construction. 3. The shed must be attached to the principal structure. 4. The proposed addition shall be constructed using materials and with a roof pitch and style to match the principal structure. t~~ Ragan Boundary 3 Right-of-way 1 Parcel Area Location Map park Area + ' s= Building Footprint 51 P - v B ~ Q ~Y R ~ 6 a9 ~ ~r .a r. t 4 as p a ,4 t7 Q a°° 9 _ - _ Cs e a s r~ a p o Subject Site a a O a :.°7 IvIl x ° ~ ~ ° a a u _ ilt c ❑ ' 4 0 sa B ~ s~ Frm q t © d ~ ~1. ~ ~ d ou ] _ C ~ ~ 1St ~ ~ ~ q ~ E7 ~ - `~"~Ys r o ® immn iD00 0 5000 2000 Feet Development/Developer. Patrick Koehler Application: Variance Case No,: 20-VA-21-10-08 THIS MAP 15 ENTE?JDEl7 FOR IiEFEREFiCE US F- OTIE.Y fit of E w The City of Eagan and Dakota County do not guarantee the accuracy of this inform"Gn and are S Community Dowtopment department not responsible for errors or omissions. mkt . Yr ! a • 4_1 "I ~f' J.rt,wr ~ f ~.r 3n^K M ~J' ~ F.'~" ~ a~ ~ Y,*• L _ -n'i ; ~ gyp' • ` 1 J.tlcf, ~ -r .•5 a~ ~ p 4S ]J ~[r - iiF ~ li pso 222 S s All r r _ J• f ~ Ar i - . 1 1 ~t i 1 1 LL + 10 r ~ ~ r, w" ~y,;F ' x ~ xj+~i ty ~ ~rx ~ kr ~ ~ ~ _ . 3 ~ k r. r ~ ' x P esq. ` ; r _ y • . S s Nom, l ~s ~ ILI .-Certificate 'of survey for: SIG-AMA ' SURVEYING SERVICES INC. Mr. DALE WAGNILD 3730 PI€o! I<~,ob Roaa 1700 C]2erwood Qrive Eagan, Mky,.eso3a 65522 M{11 4412?462.3077 Eagan, N DEERWOOD DIRT; E . C.µ b Cut CenLTG{"C GNe d zia5~; ' ~ - 2tRl +5 ~Cen~r,' '•3iaaw ~I.• ~ I.fl ~""°N 89° 39' 34"E 13!.32 ~o.s 5~~ li r Q ~t yDre,~..nge qnd us~li4.5 ti=ase-aK~~ Q ~1 . 57N Q p I 111 fl Ovbr~Ana~ 22.'1 M 7 , j ~ il8 m I 0 o 00 s,s a CV ti+ PIZ SP.~• SPIFC4 . ov _N_ w co g1 - ~ Q °o 0 ' z cn ` I ' Scale; 1' = 40 1 I S~ { 10.1. Low Se ^ SW39'34V 131:90 1 o M TACONITE TRAIL ~ Cnfli- Cv.ts~rurted~ - _r r r 41pT1[ _ 1 hereby certify that this survey, plan or report LOT S , moo 1 was {prepared by 11{e or under my d irec t supervis i on Ord that I am a duly Registered Lard Surveyor oAK Rio cyE A-LRF-S Fiwr AwrrtON under the laws of the State of Flinnesota. according to the recorded plat thereof, Da Z,~- ~$q ❑wk ka County, Flinnes ota to. Bayne D' Cordes, Minn. Reg. No. 141575 e_ i!A n. n _r . ..k--s.,.. I... J ra..-._.~.. ..r.-.e _ n.....~., r7 47 ',7- I • i - F 1 VX. ' L c 4`',2• ~ i3 ~p G~ - - -SC~YS . Y- uJ tom . - . -cam: ~ ~ - - : - : - - - f - : PIR t t - - - - - - S/Y fxmwwi>r~ 3 f • 1 s i~ ; vol? eAbA vim- s C tl _ - - cat - -1p 4446 --Acr - S 1700 Deerwood Dr PID 10 53700 050 01 To nay east and south are several acres of land rezoned to residential multifamily. Immediately to my east is an AT&T cell tower. To ray west and north are single family residential dwellings. The house is sited on a glacial terminal moraine ridge. The topography and hardscape limit what can be easily constructed; besides making use of existing hardscape, the structure would remove liability from a present dangerous fall area. The idea was to place a garden shed it the area formerly occupied by a set of wooden stairs that was 5 feet closer to the front lot tine than the front wall of the shed. The original project was expected to take 3-4 weekends, but with variance delay and weather constraints it maybe next spring before it can be completed. The invisioned shed in the former stairwell is bounded on 3+ sides by brick faced poured concrete retaining walls 12 inches thick. Seventy percent of the walls are existing hardscape. The foundation footprint is 14.75 x 8 foot existing masonry walls (118 sq ft) the inside dimensions would be 13 x 7 feet. Because of the size it was not thought a building permit was required, it is designed to blend into the site and existing architecture. The roofline mimics the slope of the existing garage roof, the exterior where not existing brick would be hardieboard siding painted to match the existing masonite siding, the trim painted to match the present trim. The variance is needed because the front edge of the structure conforms to the existing brick wall, 51 1/2 feet from the curb, 31 f/2 feet from the sidewall, 23 '/z feet from the front line. RECEIVED OT 16 2LL Agenda Information Memo November 18, 2008 Eagan City Council Meeting B. _PROJECT 963, NICOLS ROAD/ NANCY CIRCLE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 963 (Nicols Road/ Nancy Circle - Street Overlay Improvements) and authorize its certification to Dakota County for collection, FACTS: ■ Project 963 provided for the street rehabilitation of Nancy Circle and Nicols Road, between Meghans Lane and Dings Road, in southwest Eagan. • The Final Assessment Roll was presented to the City Council o October 21, 2008, with a public hearing scheduled for November 18 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment costs are less than the estimated benefit amounts that were presented at the original Public Hearing February 19, 2008. • ' All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on November 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 37 parcels (18 Single-Family, 1 Townhome Association, 1. Community Park, and 17 Commercial/ Industrial) being assessed, no one attended the meeting. ATTACHMENTS : • Final Assessment Report, pages through 47 FINAL. ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 963 Assessment; November 18, 2008 Name: Nicols Road/ Nancy Circle Project Approval Date: February 19, 2008 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service © Lat. Benefit/trunk WATER STREET ❑ Trunk El Park 11.78 15.45 F.F. ❑ Lateral 0 Single-Family R1 523.07 686 Lot ❑ Service Q Townhomes R2,R3 $5.75_ 7.54 F.F. ❑ Lat. Benefit/trunk ❑ WAC ® Comm/ Ind 15.67 20.60 /F. F. ® C/I Driveway 57.22 96 S . Yd. OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 08-04 37 5/ 10 Years 6,0% $137,390 F.R. $240,000 F.R. $103,121.31 $214,674,00 (F.R. = Feasibility Report) S City of Eap To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: November 13,.2008 Subject: Final Assessment Roll, Project 963 Nicols Road/ Nancy Circle Street Improvements At the public hearing on February 19, 2008, the City Council ordered Project 963, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay, replacement of traffic and street signage, the reconstruction of commercial/ industrial entrances with concrete entrance aprons, and the replacement of curb and gutter, as needed, for Nicols Road/ Nancy Circle. In the feasibility report, it was proposed to assess 50% to residential properties and 100% to commercial/ industrial properties, of the street overlay and signage improvements, and 100% of the concrete entrance apron improvements, in accordance with the City Special Assessment Policy. The improvements were completed under Contract 08-04. The following information was used in the preparation of the assessment roll for Project 963. PROJECT COST The construction cost includes the amount of $265,837.18 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $8,051.21. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $73,906.92 were incurred resulting in an improvement and project cost of $317,795.31 The detail of these other costs is provided on Schedule L These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IWROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $175,844.41 $53,287.16 $229,131.57 $300,510 Concrete Ent. Aprons 14,396.55 4,362.67 18,759.22 $25,750 Curb & Gutter Repair 53,647.43 16,257.09 69,904.52 $54,130 Totals $243,888.39 $73,906.92 $ 17,795.31 $377,390 1 ASSESSMENTS ■ TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, axone are proposed in this assessment roll. ■ STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $3,264.00 $3,264.00 Remove pavement marking L.F. 2,018 0.40 .807.20 Mill bituminous surface Sq. Yd. 10,343 0.56 5,792.08 Bituminous mat. for tack coat Gal. 1,835 2.50 4,587.50 Wear Course Mixture Ton 3,148.65 43.02 135,454.92 Traffic control L. S. 1 1,788.00 1,788.00 Adjust water valve box - riser Each 14 110.00 1,540.00 Adjust manhole casting - complete Each 1 437.00 437.00 Rem & repl manhole casting Each 1 675.00 675,00 Repair gate valve mid section Each 1 145.00 145.00 Repair gate valve - top section Each 7 250.00 1,754.00 Pavement Message (Lt) Each 20 115.00 2,300.00 24" Solid Line-Yellow Epoxy L.F. 933 3.40 3,172.20 4" Rouble Solid Line - Yellow Epoxy L.F, 9,280 0.42 3,897.60 4" Solid Line - White Epoxy L.F. 9,921 0.22 2,182.62 Traffic signs L.S. 1 1,174.67 8,051.21 SUBTOTAL $175,844.41 Other costs @ 34.3% 53,287.16 Mill & Overlay/ Street Sign Cost $229,131.57 • CONCRETE ENTRANCE APRONS The costs of the concrete entrance apron improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove bituminous pavement Sq. Yd. 211 $2.25 $474.75 Common excavation Cu. Yd. 10 14.75 147.50 Remove Conc. Curb & Gutter L.F. 377 4.95 1,866.15 Aggregate base, Cl. 5 Tort 10 11.30 113.04 7" Concrete Driveway Entrance Sq. Yd. 279.09 39.40 10,996.15 Wear Course Patch - Driveways Sq. Yd. 10 15.00 150.00 Compost, grade 1 Each 10 13.50 135.00 Concrete C & G - B612 L.F. 25 13.30 332.50 Sodding Sq. Yd. 66 2.75 181.50 2 i SUBTOTAL $14,396.55 Other costs ag 30.3% $4,362.67 . Concrete Entrance Apron Cost $18,759.22 • IMPROVEMENT AND ASSESSMENT RATES Low Density - Single Family - All single-family residential equivalent properties on Nancy Circle and Nicols Road (18 Total), having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R 1, R-2, R-3) based on a normal residential width street (32 feet). The cost per residential tot equivalent to be assessed based on the City Assessment Policy is calculated as follows: 1) % Single-Family Frontage - 1,652 f .f.1 14,616 Total f. f. = 113% 2) [$229,131.57 (Mill & Overlay Cost + Signage Cost) x 50% x 32/44 x 11 A%] T $9,415.23 [Total Residential Assessment (R 1, 2, 3)] 3) $9,415.23 (Total Residential Assessment} -3 $523.071 lot 18 Single Family Residential Lots Low Density - Townhomes - Townhome residential property (Couilhomes of Carrolwood), having public street access on to Nicols Road to be improved is proposed to be assessed, based on the amount of front footage adjacent to Nicols Road within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is calculated as follows: 1) % Townhome Frontage = 203 ft/ 14,616 Total f.f. = 1.4% 2) [$229,131.57 (Mill & Overlay Cost + Signage Cost) x 50% x 32/44 x 1.4%] = $1,166.49 [Total Townhome Residential Assessment (R-1, 2, 3)] 3)$1,166,49 Total Assessment $5.751 F.F. 243 F.F. Townhome F.F. Community Parks - Rahn Park has access on to Nicols Road and is proposed to be assessed under this project. The City's Assessment Policy states that 75% of the milt and overlay costs are assessable to community parks, such as Rahn Park, for collector streets, regardless of width. The estimated cost per adjacent front foot to be assessed based on the City Assessment Policy is calculated as follows: ~1 1) % Parks Assessable = 817 ff. / 14,616 (total f;f:) = 5.6% 2) [$229,131.57 (Mill & Overlay Cost) x 75% x 5.6%] =$9,623.53 (Total Parks Assessment) 3) 9$ ,623.53 (Parks Assessment) $11.781 front foot 817 Front Foot - Parks Commercial/ Industrial - All commercial and industrial lots having driveway access on to Nicols Road are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial/ industrial streets, regardless of width. The estimated cost per front foot to be assessed based on the City Assessment Policy is calculated as follows: 1) % Commercial/Industrial Assessable = 4,094 ff./ 14,616 f:f = 28% 2) [$229,131.57 (Mill & Overlay Cost) x 100% x 28%] =$64,156.84 (Total Commercial/ Industrial Assessment) 3) $54,156.84 (Commereial/Industrial Assessment) -3 $15.671 F.F. 4,094 F.F. Commercial/Industrial o Concrete Entrance Aprons - Nicols Road According to the City Special Assessment Policy, this improvement is to be 100% assessed. The assessment rate per square yard of cpncrete entrance apron installed was computed using the following: 1) [$18,759.22 (Concrete Entrance Aprons - Cedar Ridge Circle) x 100%] = $18,759.22 [Total Assessment] 2) $18,759.22 Total Assessment $67.221 SY 279.09 SY Entrances Replaced • ASSESSMENT TERMS The assessments are proposed for a term of 5 years for residential properties and 10 years for commercial/ industrial properties. The interest rate is 6.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) INWROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $229,131.57 $84,362.09 $144,769.48 Concrete Ent. Aprons 18,759,22 $18,759.22 -0- Curb & Gutter Repair 69,904.52 -0= 63,904.52 Total $317,735.31 $103,121.31 $214,574.00 ■ CITY FUND RESPONSIBILITY Major Street Fund = $214,674.00 S Al John Go)- r, P.E. Reviewed Reviewe Public Works Department *Fnce Department' I~- i4-ao [t` H-Ds Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 3 ~3 - DIFFLEY ROAD 0 4265 42D8 FD 1 ~ ~ ~ ~1 - a >r~G # NORTH o 1 [ c,._. V = 300' 4t ® o G~ i 4~~ - - - - - - - - - - - - - - - - - - - l{ MARBLE LIB- ] \ GLORY DR, ~Proj. 954) 4300i - ~ I I I ~ i e G ~ 2186 4325 • _ 431 fi-• ` L f , cv 4122 ' ' G t ' ! { • 4328 1 G ~ 4334 LJJ 434 No ° . 4340 - = 4 46 % LLI c 4355 ■ u 4352 ri I 2789 1 aa g ` G Z M • r3 ck - € d ~f CEDAR RIDGE CIR. LEGEND (Prof. 954} F370 - Assessment Area Street Improvements 1 ■ } 376 0 G_ - r4,81 • ■ ■ s • ■ ■ Commercial 1 Industrial - '15.67/ U. Single Family - $ 523.071 Lot t `v SHALE ll Park - $ 11,781F E - - ~ i 7Y * 7k 7k ~r * Townhome - $ 5.751F.F. , - - - m [ 75` Corner Lot Credit RAHN pgRK ~ Concrete Driveway srt Entrance Replacement $ 67.221 S.Y. Fi . 26 G:Project & Contract Info\C9S3\Fes's6€l:iy Report/F1G_2AA See ~ 70-1p-fl8 Nicofs Road -Nancy Cir. City of Eap Neighborhood Street Revitalization Fig. 2A Engineering Department Project 963 - Final Assessments See Fig. 2A ~SHALE - W E a S 1 1 1"-300' rl 1 € 1' ~1 1 t rr / ~ ~.-ti 1 - W r; RAHN PARK LU LL 1 1 IN ~ LL1 F ~ r II wr e Z r r~ 1 I B LLJ r? r Q ERIN DR. 1 ID U ~i I LEGEND ~=F Assessment Area 4 0 Street Improvements Lr • 1 1 ! f _ r~ ! ~ s • • • : • • Commercial I Industdal - $ 15.671 F.F. _j 1 LtFFF{ELL LI I. Single Family - $ 523-071 Lot L 01 i @ IN lE 116 w M ra' Park - $ 31.78! F.F. i l D , l * * * * * * Townhome - $ 5.751F-F. ® 75' Corner Lot Credit 1 1 I ll 1 ! * Concrete Driveway } rl 9 - - Entrance Replacement ~stc3- 1f 1 r $ 67.2215.Y. 11 1 - - - - - 1 Z - xlz 4} 1 ERIN DR. f 1,1 "IX I 4565 1 1 i , ~ N I€ 2129 B~ Los cj~ CLIFF DR. (Pro.862 tw_ i 4595 T m _ f .w l 2125 '6 U" I 1 LI 1 CLIFF ROAD See Fig. 2C G:Project & Contrbcf 1nSa108531FesibM1y Report/FIG2~ 18-18-US Nicols Road -Nancy Circle q>Wyflap Neighborhood Street Revitalization Fig. 28 Engineering Department Project 963 - Final Assessments See Fig. 2s CLIFF ROAD 1 ° LEGEND 31 NORTH r.~ • 2140 1 2f U 4615 ~ ~ j e~ Assessment Area - ■ f d Street Improvements 30U o w i i • 9 • • ■ ■ ■ • • Commercial Ilndustrial - $ 75.671 F, F, r r' f Sing€e Family - $ 523.071 Lot F 4625 N r • • 9 19 K 9 Park - $ 11.781 F.F. r * * * * * * TownFome - $ 5.751F.F. 1 ^4635 i w 1 75' $ J k ~ 1 Groner Lot Credit • 4640 1 Concrete Driveway • rte" 1 * Entrance Replacement f =46-51 $ 67.2215.Y. ~ 100 f,f. ~ • 1 1 f 110 f_.f. ~ 4670 1 ■w 4655 m L-.) ❑ 4669 4665 d 4680 2136 2942 pG 4677 1 Cn 1 4573 NANCY iR... 1 1 IF4681 =y e ~3 d 1 4687 ..~..n { d -r 2148 21441: 1 4691 469 C~ L-J E J EJ f ) PIN ❑ K oRIVE . ~ i g 4695 r j Q d i0 II 1 1 Co1I d ❑1]~1 J 111 _ i y 4746 L:J V~D 1 y~ 4750 1 I', 4754 i~ 4770 cCn 4 ~ 1 G 2145 1 'rrstfs~ I L ~ E.] I e L7 z1a~ z• 2105 i(1NGS-ROAD G:Projeot & Contract lnfo10963/Fesibility Report\FiG2 iD-30-OS Nicols Road - Nancy Cir. q'` City o Ea~a Neighborhood Street Revitalization \510 Fig. 2c Engineering Department Project 963 - Final Assessments Combined Assessment Roll Project Number JOP963 Proposed Pending PID Address Addition Nance Assessment Assessment varitznce 10-03040-010-29 4325 Nicola Rd Section 30 $4,234.90 $5,560.00 $1,329.10 10-03000-011-27 Section 34 $4;011.52 $5,270.00 $1,258.48 10-03100-060-04 4670 Nicola Rd Section 31 $2,099.78 $2,760.00 $660.22 10-16600440-00 Cedar Cliff $9,623.53 $12,624.00 $2,996.47 10-16620-014-01 2121 Cliff Dr Cedar Cliff Commercial Park $3,682,45 $4,844.44 $1,157.55 14-16520-010-02 2125 Cliff Rd Cedar Cliff Commercial Park $14,510.68 $11,980.04 $1,469.32 10-16820-010-01 4345 Nicols Rd Cedar Ridge 1 at $3,557.09 $4,680.00 $1,122.91 10-16820-010-02 4381 Nicals Rd Cedar Ridge 1 at $4,309.25 $5,670.00 $1,360.75 10-16820-030-41 4355 Nicola Rd Cedar Ridge 1 at $2,068.44 $2,720.00 $651.56 10-16930-010-01 4635 Nicola Rd Cedarview $4,998.68 $5,920.00 $921.32 10-16930-420-01 4659 Nicols Rd Cedarview $2,709.74 $3,310.00 $600,26 10-16930-030-01 4655 Nicola Rd Cedarview $2,866.44 $3,420.00 $55156 10-16931-410-01 4695 Nicola Rd Cedarview 2nd $523-07 $686.00 $962.93 10-96931-420-01 .4691 Nicola Rd Cedarview2nd $523.07 $686.00 $162.93 10-16931-030-01 4687 Nicola Rd Cedarview 2nd $523.07 $686.00 $162.93 10-16931-040-01 4681 Nicola Pt Cedarview 2nd $523.07 $686.00 $162.93 10-16931-054-01 4677 Nicola Pt Cedarview2nd $523,07 $686.00 $162.93 10-16931-064-01 4673 Nicola Pt Cedarview 2nd $523,07 $685.00 $162.93 10-16931-070-01 4669 Nicola Pt Cedarview 2nd $523.07 $686.00 $162.93 10-16931-080-01 4665 Nicola Pt Cedarview 2nd $523.07 $686.00 $162.93 10-22140-410-31 4615 Nicals Rd Durnings $7,172.09 $8,340.00 $1,167.91 10-22100-420-01 4625 Nicola Rd ©urnings $7,599.46 $9,194.00 $1,590.54 10-26904-010-01 2140 Cliff Rd Flour Bin International 1st $5,954.60 $7,830.00 $1,875.40 10-39850-020-01 4770 Nicola Rd Johnson 9 st $523.07 $686.00 $162.93 10-47400-010-01 4565 Erin Lane Mari Acres $3,212.35 $4,220.00 $1,007.65 14-47401-010-01 4595 Nicola Rd Mari Acres 2nd $5,092.75 $12,940,00 $7,847.25 10-48250-407-03 4326 Meghan Lane Meghans $1,167.25 $1,530.00 $362,75 10-53570-410-01 4640 Nicols Rd Oak Cliff Place $4,936.88 $5,440.04 $1,303,12 10-58554-410-31 4746 Nlcols Rd Potts $523,07 $686.00 $162.93 10-58554-020-41 4750 Nicols Rd Potts $52107 $686.00 $162.93 10-58550-030-01 4754 Nico€s Rd Potts $523.07 $686.00 $162.93 14-77000-010-04 4680 Nicola Rd Tousignants 1st $523.07 $685.44 $162.93 10-77000-020-01 2146 Nancy Cir Tousignants 1st $523.07 $686.00 $162.93 Tltwvday, November 23, 2008 Page t of 2 I'D 7 Combined Assessment X oll Project Number JOP963 Proposed Pending PID Address Addition Name Assessinent Assessment Variance 10-77000-030-01 2142 Nancy Cir Tousignants 9 st $523.07 $686.00 $162.93 10-77000-040-01 2144 Nancy Cir Tousignants 1 st $523.07 $686.40 $162.83 10-77000-050.01 2148 Nancy Cir Tousignants 1st $523.07 $686.00 $162.83 10-77000-060-N 4690 Nicols Rd Tousignants 1st $523.07 $686.00 $162.93 Summary for 5A^Nbe = IOP953 {37 detail records} Sum $98,498.74 $930,588.40 $32,168,86 Thursday, November 13, 2008 Page 2 of 2 Agenda Information Memo - November 18, 2048 Eagan City Council Meeting C. PROJECT 967, WESCOTT ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 967 (Wescott Road - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 967 provided for the street rehabilitation of Wescott Road, from 300 feet east of Lexington Avenue to TH 149, in east-central Eagan. • The Final Assessment Roll was presented to the City Council on October 21, 2008, with a public hearing scheduled for November 18 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment costs are less than the estimated benefit amounts that were presented at the original Public Hearing March 3, 2008. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on November 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 13 parcels (4 Single-Family, 4 Single- Family under-developed, 1 Public Facility - Woodland School, and 4 Commercial/ Industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through4. S FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 967 Assessment: November 18, 2008 Name: Wescott Rd. (Lexington Avenue to T - Project Approval Date: March 3, 2008 149) Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER © Trunk ❑ Trunk ❑ Lateral © Service F1 Lat. Benefit/trunk WATER STREET ❑ Trunk 0 Public Facility 10.65 14.27 F.F, ❑ Lateral 0 Single-Family 5.13 5.88 F.F. Underdeveloped © Service B1 Single-family 621.28 833 Lot ❑ Lat. Benefit/trunk © WAC 0 C/I Equiv. $16,6 5 22.30 1 F.F. ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 08-04 13 5/ 10 Years 5.0% $84,470 F.R. $620,720 F.R. $63,053.76 $416,690.86 (F.R. = Feasibility Report) City of EaRan To: Mayor and City Council From: John Corder, Assistant City Engineer Date: November 13, 2008 Subject: Final Assessment Roll, Project 967 Wescott Road Street Improvements At the public hearing on March 3, 2008, the City Council ordered Project 967, which included street improvements on Wescott Road from approximately 300 feet east of Lexington Avenue to TH 149. The following improvements were constructed within those limits: mill and overlay, replacement of traffic and street signage, replacement of curb and gutter as needed, and the construction of a concrete sidewalk on the north side of. the street from Dodd Road to TH.-149. In the feasibility report, it was proposed to assess 50% of the street and signage improvements for low-density residential properties and 100% of the streetlsignage improvements for commercial/ industrial properties, in accordance with the City Special Assessment Policy. The improvements were completed under Contract 08-04. The following information was used in the preparation of the assessment roil for Project 967. Additional concrete entrance reconstruction for Thomson-Reuters in the amount of $14,803.77 was completed as part of this project (and Contract 08-04) and will be assessed to Parcel (10-83801-010-01 - Thomson Reuters) under Waiver of Hearing No, 731 - Special Assessment Authorization, PROJECT COST The construction cost includes the amount of $389,952.35 paid to contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $9,883.19. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $89,792.24 were incurred resulting in an improvement and project cost of $479,744.62. The detail of these other costs is provided on Schedule I. These other casts are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing] Sign Replace $273,541.40 $62,986.91 $336,52831 $450,830 Concrete Sdwkl RR Xing 38,355.86 8,832.00 47,147.85 55,540 Curb & Gutter Repair/ Trail 78,055.12 17,97333 96,028.45 198,720 Overlay Totals $359,952.38 $89,792.24 $479,744.62 $705,190 t ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $6,800,00 $5,800.00 Mill bituminous surface Sq. Yd. 13,810 0.56 7,733.64 Bituminous mat. for tack coat Gal. 2,800 2.54 7,000.44 Wear Course Mixture Ton 4,769.32 43.02 205,176.15 Traffic control L. S. 1 3,725.40 3,725.04 Pavement Message (Lt) Each 21 115.00 2,415.00 Pavement Message (Right) Each 5 115.00 575.00 Pavement Message (Right/ Thru) Each 1 175.00 175.00 Pavement Message (RR) Each 1 525.40 525.00 24" Solid Line - Yellow Epoxy L.F. 1,701 3.40 5,783.40 4" Doub Sol Line Yellow Epoxy L.F. 14,180 0.42 5,955.60 4" Solid Line - White Epoxy L.F. 24,893 0.22 4,596.46 8" Solid Line White Epoxy L,R 235 4.00 940.00 Zebra Crosswalk- White Latex S.F. 408 3.00 1,224.40 Repair water valve box Each 3 250.00 750.00 Adjust water valve box -riser Each 12 110.40 1,324 Adjust manhole casting - complete Each 12 437.00 5,244.40 Adjust manhole casting - riser Each 21 145.00 3,045.00 R & R manhole casting Each 1 675.00 675.00 Traffic signs L.S. 1 1,174.67 9,883.19 SUBTOTAL $273,541.40 Other costs U 23.0% 62,986.91 Mill & Overlay/ Street Sign Cost $336,528.31 • IMPROVEMENT AND ASSESSMENT RATES Low-density Residential - Underdeveloped- The improvement and assessment rates for low-density residential properties that could be subdivided are computed as follows: 1) Total Frontage - Underdeveloped Low Density Residential = 1,031 FXJ 20,200 (total F.F.) = 5,1 % 2) $336,528.31 (Mill & Overlay Cost) x 50% x 32/52 x 5.1% = $5,280.91 [Total Assmt] 3) $5,280.91 Total Assessment 4 $ 5.131 F.F. 1,029 Und. LD Residential F.F. Low-density Residential - Developed- The improvement and assessment rates for low-density residential properties that 2 S are subdivided are computed as follows; 1) Total Frontage- Single Family Residential= 478 F.F./ 20,244 (total F.F.) = 2.4% 2) $335,528.31 (Mill & Overlay Cost) x 50% x32/52 x2.4% = $2,485.13 [Total Res. Assmt] 3) $2,485.13 (Total Assessment) $ 621.281 Per Lot 4 Lots Public Facility - The improvement and assessment rates for public facility properties are computed as follows: 1) % Public Facility = 862 F.F. / 20,200(total F.F.) = 4.3% 2) [$336,528.31(Mill & Overlay Cost) x 75% x (44152) x 4.3%] _ $9,183.34 [Total Public Facility Assessment] 3) $9,183.34 (Total Public Facility Assessment) 4 $10.651 F.F. 852 Public Facility F.F. Commercial/ Industrial - The improvement and assessment rates for commercial/ industrial properties are computed as follows: 1) % Commercial/Industrial = 2,769 F.F.124,200 (total F.F.) = 13.7% 2) [$33.6,528.31 (Mill & Overlay Cost) x 104% x 13.7%] =$46,104.3 8 (Total Commercial/ Industrial Assessment) 3) $46,104.38 (Commercialllndustria)Assessment} $16.65/F.F. 2,769 CommercialllndustrIal FT • ASSESSMENT TERMS The assessments are proposed for a term of 5 years for low-density residential properties and 10 years for commercial/ industrial and public facility properties. The interest rate is 6.0% per annum on the unpaid balance for both types. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $336,528.31^ $63,453.76 $273,474.55 Concrete Sdwk/ RR Xing 47,187.86 47,187.86 Curb & Gutter Rep./ Trai I Overlay 96028.45 96,028.45 Total $479,744.62 $63,053.76 $416,694.85 • CITY FIND RESPONSIBILITY Major Street Fund $416,690.86 i V , John Goo ~ , P.E. Reviewed: Reviewed X-AA Public Works Department Fina Department l ~ i -06 11- N - US Dated Dated C: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant 1 3 Combined Assessment Roll Project Number 1OP967 Proposed Pending PID Address Addition Name Assessment, Assessment Variance 10-013{30 (3 E0-78 Section 93 $9,298,70 $1,740.00 $44130 10-01400-010-82 875 Wescott Rd Section 34 $1,328.67 $1,780.00 $451.33 10-01400-021.82 871 Wescott Rd Section 34 $621.28 $833.04 $211.72 10-01400-0130-53 1085 Wescott Rd Section 14 $538.65 $720.00 $189.35 10-01400-043-53 1055 Wescott Rd Section 14 $1,698.03 $2,284.00 $581.97 10-01400-050-53 1425 Wescott Rd Section 14 $1,723.68 $2,310.00 $586.32 10-02400-094-01 3800 Dodd Rd Section 24 $832.50 $1,120.00 $287.50 10-14998-014-06 692 Wescott Rd Bridle Ridge 1 st $621.28 $833.00 $211.72 10-14996-020-06 700 Wescott Rd Bridle Ridge 1st $621.28- $833.00 $21172 10-14996-030-06 708 Wescott Rd Bridle Ridge 1 st $621.28 $833.00 $211.72 10-83620-010-01 945 Wescott Rd Wescott School $9,183.84 $12,300.40 $3,116,96 10-83801-010-01 610 ❑pperman Dr West Publishing Co 2nd $51,700.17 $49,420,00 {$2,280.17} 10-83805-010-01 555 Wescott Rd West Publishing Co 6th $7,076,25 $9,480.00 $2,403.75 SLimmary for SA_Nbr' = 14P967 (13 dotal! records) Slim $77,865.61 $84,482,00 $6,616.39 Friday, November 14, 2008 Page I of f 1 SQ89 1 N oRTI i 1085 *1025 Z 1" 200' ~ ~ ~ ~ i 1 Jr o Z! U 3Q93 ~ /j 1fl=J5 Z { W i 0 105 ff 1 a~ ! 1i 1 ****~k*ff. 336f.f. WESC©TT ROAQ a Z 38ZQ BRIAR CREEK ROAD LEGEND 3 r~ ■ Iw M III M w in Assessment Are I~1 Street Improvements M s s • • a Commercial 1 Industrial - $ 16.651 F.F. Single Family - $ 621.281 Lot G ■ ■ ■ ■ ■ ■ ■ Public Facility - $ 10.651 F.F. X 7k * * * * * * Law Density Underdeveloped - $ 5.131 F. F. 0 _Q_ d rf 0 i r m Q J a N ~ UJi R3 z Z ~ - s C7 0) LL-rl mme oes mar mn, ~ WESCQTT RbAD - - - - - - - - - - - - - - - 7 w tY STflNY POlhif €?I7. ~ HYLAND C1 G:Project & Controct Wo\0967 Fesibi9ity Report/FIG-2A 10-13-:)8 City of ~ap Neighborhood 5 t Revitalization Fig. 2A Engineering Department Project 967 Final Assessments 7 ISO 186 NORTH WESCOTT. SCHOOL ADDITION a I V = 20CY it 945 I 871 ~87 -5 i f r 0 , 1 862 U. } - ■ ■ ■ ■ ■ A ■ ■ ■ ■ ■ ■ ■ ■ ■ A- A ■ ■ ■ 59 F.f~ i U] LU ~ ^mm WESCQTT RQAU ff -4 N ~ ~ 7 r_ G Lam--, J r f ~ J l U7 L LINDEN CT. SO+ ` ~7H CIRCLE~ --J - z 1 / A'ILU WESCOTT ROAD Q c Q sC+ _ s. ~ - LEGEND o HID0 4 aoow rr rr M Assessment Area 1 Street Improvements l L -10J s ■ ■ • • ■ ■ Commercial 1 Industrial - $ 16.851 F.F. Single Family - $ 623.28 I Lot ■ ■ ■ ■ ■ ■ Public Facility - $ 10.651 F.F. 1r ~t ~r ~t k Law Density Underdeveloped - $ 5.131 F.F. G:Project & Contract 1nfo/0967/FesibMty Repwt\FI0_26 1-QB-08 Wescott Road ( Lexington Ave. to T.H. 1 49 } city of aAn Neighborhood Street Revitalization Fig. 2e Project 967 - Final Assessments 4,7 Engineering Department LEGEND f `L s M M M M M Assessment Area j ~V7S~ Street Improvements **a o e 99 Commercial I Industrial - $ 16.651 F.F. wRTH vy~~~s ~r •.4 S 111 Single Family - $ 621.281 Lot / _ ■ ■ ■ ■ A, ■ Public Facility - $ 1(3.651 FT. rN~ C r Q * it qt r Low bens€ty Underdevelvped - $ 5.331 F. F. ~J $ l - w ' 01 J F Mrn ~ mf9 WESCOTT ROAD 4i N ~Q~ I~ f LJ- f ;p J 3 t~ F f ~ 37T5 I ~ WEST PUBLISHING 2nd ADD. l 3775 W - -1 2 - 4 WESCUTT ROAD ~~4 10ff 137f.f. 103f.f. a) Is o Boa f a cJ v - f- 7oa r 02 f r ~ f0 ~ U3 1 f r t y % / f17 L- G:Project & Contract [nfo/09671f-esibility Report\FIG_2C 10-13-08 Wescott Road Lexington Ave. to T.H. 1 49 } City of Ea noR Neighborhood Street Revitalization Fig. 2c Engineering Qeparfmd Project 967 s Final Assessments I I ~ II { i s I it 3775 i I I - NORTH - WEST PUBLISHING 2nd ADD.1 200` 3775 _.i IT 2,216 ff. TOTAL WEST PUBLISHING 6th ADD. - 845 ff. 425 ff. ! ! + ■ so* + ■ • ■ ■ • ■ ■ • ■ ago* ■ • • 4 • ■ ■ ■ ! ■ • ■ ■ • ~i^! ■ ! ! WESCOTT READ . ~4 J LEGEND rr r r r. Assessment Area Street Imprfluements WEST PUBLISHING 2nd ADD. • s ■ • • ■ Commercial 1 Industrial - $ 16.651 F.F. Single Family $ 621.281 Lot NEW 6 r' ~ A L A A A Public Facility - $ 90.651 FY, CONCRETE WALK ■ , ; ~ 11 i * * * * * * Law Density Underdeveloped - $ 5.931 F.F. ! 21296 ff. TOTAL * + ■ ! ! : ■+I - - WESCCTT ROAD + ❑ta-~a . r - - - ~ ~ rer wa m oaa ® ® ~ rya ~ ~ w ~ asaa m~ nxa m~ m®~ ~f... ~ f I ~ : ~tS. ~ 380a i l r ■ y~0 - - r _ p fl r+ i li Y Uj Sri ~ ~ ~ I G:Project & Contract Info10963/Fesib1My Report/F!G_l2AA ! r l / 10-13-08 Wescott Road { Lexington Ave. to T.H. 149 } City of Eap Neighborhood Street Revitalization q Fig. 2'D Engineering Department Project 967 r Final Assessments Agenda Information Memo City Council Meeting Old Business November IS, 2008 A. CONSIDER REMOVAL OF WHITE PINE WAY BARRICADE ACTION TO BE CONSIDERED: To approve (or deny) the requested removal of the barricade on White Pine Way at the Inver Grove Heights boundary. FACTS: • As part of its review of the connection of the Woodland Preserve development in Inver Grove Heights to Eagan streets and utilities, the City Council required the placement of a barricade on White Pine Way between the development and the Eagan boundary, The condition requires the barricade to remain in place until 75% of the homes in the subdivision have certificates of occupancy. The purpose of the condition was to prevent construction traffic from going through the Pines Edge neighborhoods in Eagan until the new subdivision was substantially complete. • In October, the Council was approached by a representative of the Inver Grove Heights City Council who indicated that the development was approaching the 75% threshold and asking whether the City of Eagan would consider removing the barricade condition in consideration of the current slow residential construction environment, the approach of winter and the fact that residents of the Woodland Preserve neighborhood need to drive a mile out of the way to reach Red Pine elementary school, which many of their children attend. • The Counci [ requested a verification of the numbers of units completed and nearing completion. 75% of the 36 homes in the neighborhood is 27. Inver Grove staff confirmed that 20 homes had certificates of occupancy, 4 were under construction and 2 had plans in for review. • On that basis, the Council declined to authorize removal of the barricade and directed staff to communicate to the City of Inver Grove Heights that it would be necessary for more of the homes under construction or under review to be complete or substantially complete before the action would be considered further. • At the Listening session on November C, the Council was approached by Brent Koth, a resident of the Pines Edge subdivision, who indicated that he and many of his neighbors were also in favor of removing the barricade at this time, • As an outcome of that discussion, the Council placed this item on the agenda for consideration and encouraged Mr. Koth to work with his neighbors to be prepared to present their position to the Council at 'Tuesday's meeting. Mr. Koth may be circulating a petition, but one has not been received at the time of packet preparation. ATTACHMENTS: • None 7Z) Agenda Information-Memo November 18, 2008 Eagan City Council Meeting NEW BUSINESS A. LAND DISTURBANCE AND EROSION CONTROL ORDINANCE AMENDMENT ACTION TO BE CONSIDERED: Adopt the recommended revisions to the Land Disturbance and Erosion Control regulations of City Code Section 4.32. FACTS : On April 16, 2002, the City Council adopted a Land Disturbance and Erosion Control ordinance (City Code Section 4.32) to conform to a Council approved Erosion and Sedimentation Control Policy. The ordinance requires Land Disturbance and Erosion Control Plans (LDECP) for relevant construction activity. • On March 4, 2003, the City Council authorized the submittal of a Municipal Separate Storm Sewer System (MS4) permit application to the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES), Phase 11, Program. A Storm Water Pollution Prevention Plan (SWPPP) was included with this permit application. The permit and SWPPP were modified Mule 1, 2006, as a result of a May, 2003 Minnesota Court of Appeals decision in which the court required the MPCA to provide the opportunity for public review of each MS4 S WPPP. • On July 17, 2007, City Code Section 4.32 was modified to address wetland protection and associated regulations incorporated within the approved Water Quality and Wctland Management Plan for the City of Eagan dated July, 2007. • On October 21, 2008, the City Council adopted new ordinance language as an amendment to the City Code (Section 4.33) that addresses the City of Eagan's Storm Water Pollution Prevention Plan (SWPPP) and the Water Quality and Wetland Management Plan (WQWMP) with regards to Post Construction conditions. • The NPDES Phase 11 Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to address storrn water runoff from new development and redevelopment projects within its jurisdiction that discharge into its small MS4. Eagan's program must require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under law. • To develop a program consistent with this intent, Eagan must maintain an ordinance that requires certified plan preparers, or inspectors, prepare construction site plans that are consistent with the City's stormwater management plan and water quality and wetland management plan. Failure to complete such sites in compliance with. a LDECP should result in the withholding of the issuance of a Certificate of Occupancy for related structures. • Overall, the regulation revisions bolster the City's position to protect the public interest and to manage the community's resources. These modifications are relevant to the newly established code for Post-Construction requirements and address current SWPPP obligations. • Information about the revised ordinance language will be provided in a variety of formats upon City Council adoption. Publication of the information will be completed through a press release and in articles on the City's website and Eagan Business News. Information will be distributed with building permit forms and as part of development applications. ATTACHMENTS: • Draft Ordinance Section 4.32, Land Disturbance and Erosion Control, pg ORDINANCE NO. 2ND SERIES AN ORDINANCE OF TI4E CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, EXCAVA`T'IONS AND MOBILE HOME PARKS" BY AMENDING SECTION 4.32 REGARDING LAND DISTURBANCE AND EROSION CONTROL, REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by revising Section 4.32 to read as follows: Sec. 4.32. Land disturbance and erosion control regulations. A. Findings and purpose statement. The cityCity council finds it is in the best interest of the City of Eagan to protect, preserve, and enhance the c-- City's natural resources, storm-water and right-of-way systems and public and private land and to encourage a resourceful and prudent approach to the development and alteration of land. In the interest of achieving these objectives, the City of Eagan has established erosion and sedimentation control management regulations hereinI to H mat„ the furt o,.. nee of th fella-wtn~ ; 2. Qr-dei4y development of land to minimi7e wedand and land habitat ,let aets to water qua4ity a ~ wetland and other vffitei! bodies, sterm water and dr stems, . trees, i1 egeta4zor d . ..1 d1: Lam. rc '.m..cr-r`r~rcazrr~ development; an 6. FAgeteement of natural msetimes management standards to promote and proteet t "bl ' he lth, °afety --....1Y el f fe ~t tl o .:t.. B. Definitions. For purposes of this section, the following terms shall be defined as stated: Applicant means any person or entity who is required to submit and implement a City-approved land disturbance and erosion control plan under this section. S Best Management Practices (RAVPs} shall have the meaning as set forth in the post - construction regulations set forth in this Code. Critical root zone of a tree shall have the meaning as set forth in the tree preservation regulations of this Code. Drip line (of a tree) -shall have the meaning as set forth in the tree preservation regulations of this Code. High Water Level (HWL) means the calculated pear -pond or storm water storage elevation for a 1 % probability rainfall storm or snowmelt event as defined by the City Stormwater Management Plan. Land -or- parcel of land cif'subject property -or- subject property shall mea means an entire lot or parcel, as defined by the zoning regulations of this Code, on or within the boundaries of which a project subject to the requirements of this section is occurring, has occurred or is to occur. Land disturbing activity shall means any excavating, grading, clearing, filling, or other earth change which may result in: (1) The movement of more than 10,000 square feet of earth; or (2) Any akefation of and by more than five feet f+om the edsting conte-tir of th gFound on any eentiguous 1,000 or more square feet of ; (3) Any that changes the existing or natural contour of the land which changes drainage. For purposes of this section, excavation or grading for agricultural purposes on agriculturally zoned property shall not constitute land disturbing activity provided such activity is no closer Oia 15 fee f amn m~ to an edge or delineated boundary of any water body.- than as set forth in the wetlands- protection and management regulations in this Code. Land disturbance and erosion control plan LD{ ICY) shalI rae n an•r~eti~means and consists of required general information, an erosion and sedimentation control component, tree preservation component, and drainage and grading component. New building construction shall eans the construction of any principle building or structure upon a parcel of land or platted lot. New development shall anmeans the process whereby improvement to an entire site occurs in one continuous process or in more than one distinct phase, including but not limited to the following activities: initial site grading; installation of utilities; construction of public streets; constriction or grading of drainage ways; other grading or filling of any C .J area within the site; grading of building pad areas; utility hookups; construction of - buildings, parking lots, driveways, storage areas, recreation areas, or private streets; and any other construction or land disturbing activity within the subject property or site. Structural Control Elevation SCE means the elevation of the outlet structure, P um controls or surface overflow for a water body at which water will initially discharge from the water body. This elevation would correspond to the elevation of the water surface at the time of initial discharges Ordinary High Writer Level (C)HWL) shall have the meaning as defined under the Minnesota Water Laws as set forth in the Minnesota Statutes. Project manager shall neanrneans the applicant or the applicant's duly authorized representative who has been conferred the duties by the applicant to implement, complete and manage the project to which the approved land disturbance and erosion control plan applies under this section. Significant tree shall have the meaning as set forth in the tree preservation regulations of this Code. Tree canopy 4"'ameans the horizontal extension of a tree's branches in all directions from its trunk. Water body (bodies) eans any natural or man-made wetland, drainage or storm--water area, stream, or lake. Wetland is dAnedshall have the meaning as set forth in the wetlands protection and management regulations in this Code. Wetland buffer zone deft shall have the mcanin as set forth in the wetlands protection and management regulations in this Code. Wetland boundary °ha'means the line delineating the outer edge of a wetland which is established according to the United States Army Corp of Engineers Wetland Delineation Manual (January 1987). C. Permit and plan. 1. Land disturbance permit. a. Permit required. A land disturbance permit (LDP) shall be required before any land disturbing activity occurs in connection with any of the following: (1) New development in any zoning district; (2) New building construction in any zoning district; 7~- S (3) Any project which requires a building permit and will result in the expansion of any existing building or impervious surface unless the eity Mermines Ohat -ao Ratural r-esourees, such as trees or Aetef bodies, will be d reel4 , aff ete by 14e r ee4; or (4) Any land disturbing activity or project, including excavations regulated in chapter 4 of this Code, that directly or indirectly affects natural resources, such as slopes, trees or water bodies. b. 1'ermit application. The application for the permit shall be made in writing to the c-ityCity on such form as the eityCity may, from time to time, designate and shall include such information as the e4City shall require. c. Review and approval of permit application. (1) Projects of five or more acres. Projects of five or more acres and all subdivisions shall be submitted to and approved by the eityCity council. Projects on platted lots of record of less than five acres shall be approved administratively by eityCity staff, unless eityCity staff presents it to the cityCity council for its review and approval. (2) Permit and plan approval. (a) Submittal. Any application for a land disturbance permit (LDP) shall be submitted to the e-4yCity, along with the land disturbance and erosion control plan LD{ ECP)and required fees, at least 15 business days-prior to the eity4C_ 'ty's consideration of the application. The following requirements shall be met: (i) The land disturbing activity for which the permit is sought shall be in connection with (a) new development; (b) building or structure construction; or (c) landscaping on an improved individual single family lot, for which a site plan shall be submitted and approved by the eityCL. (ii) The plan shall be prepared by a certif ed plan pre-parer o inspector as approved by the City; iii The plan shall be consistent with any approved subdivision grading plan; ( )The plan shall be consistent with the eftyL~sCity's overall stormwater management plan and water quality and wetland mana eg ment plan; - - '75 The plan shall not adversely impact neighboring properties; (vi) The plan shall minimize any irreparable adverse impacts to natural resources upon the subject property-.1 (vii) The plan shall meet the requirements of this section.; and (viii The plan shall provide for and include any of the following. temporary safety requirements if the eiatyCity determines that the project mandates all, or a combination thereof, of the following requirements for the protection of public safety, health and welfare: 1. Properly fence any slope of 3:1 or greater that is adjacent to a project property line and which is deemed hazardous or dangerous by the eityCity; 2. Slope the banks, fill, level off any depression or mound or otherwise place in such condition at any time so as not to he dangerous because of sliding or caving banks; and so as to minimize or stop erosion or dust during or after the grading operation; and 3. Properly drain, fill, or level off any graded or ungraded area so as to make the same safe and healthful, unless otherwise approved by the eityC_ ity. (b) Approval. Upon finding that the above requirements have been met and after e yC_ ity approval of the land disturbance and erosion control plan, the e4C_ _ ity will issue a permit in accordance with the provisions of this section. d. Expiration of permit and plan. Any land disturbance permit issued pursuant to the requirements of this section shall expire two years from the date of issuance if significant progress of the work covered by the permit is not accomplished, unless an extension of the permit is requested by the applicant prior to expiration and approved by the e4yCity. e. Revocation ofpermit. Failure to comply with the approved terms and conditions of a land disturbance and erosion control plan shall be grounds for revocation of the land disturbance permit, or other permit or approval issued in lieu thereof, by the eityCity council, following a public hearing. Written notification of the public hearing shall be mailed at least ten days prior to said hearing to the current holder of the permit. Such notice should outline the violation(s) considered by the cityCity to be grounds for revocation and inform the current holder of the permit of the opportunity to be heard at such public hearing. 7~7 S f. Other permit or approval in lieu nf'LDP. When a building or grading permit is issued in connection with project, or a new development project is approved by the eityLLty as required in this Code, the building or grading permit or other new development approval by the eit-yClty may be in lieu of the land disturbance permit required hereunder, provided the applicant shall comply with all other regulations herein, including but not limited to submission and approval of and compliance with a land disturbance and erosion control plan. 2. Land disturbance and erosion control plan.. a. No pemikLDP shall be issued unless a (LDECP) is submitted to and approved by the eityC_ ty. All LDECP's shall include the following: (1) General information. (a) Delineation of the subject property and the location of existing and proposed buildings, structures and impervious surfaces on the subject property; (b) Description of the construction or land disturbing activity to be performed on subject property and proposed project schedule; (c) Identification of all water bodies located on and within -3050 feet of the subject property's boundaries, including the NIWLSCE, HWL, and OHWL elevations and if a water body is intended to be used for water quality treatment, identify the dead storage volume and area of the 1bSCE; (d) Identification of all wetland b,ansbuffcrs as set forth in the wetlands protection and management regulations in this Code; (e) Except for projects on R-1, R-2-,R-3 and estate zoned properties, topographical data, including existing (dashed) and proposed (solid) contours at vertical intervals of not more than two feet, except that contour lines shall be no more than 100 feet apart; (f) Temporary benchmarks shall be established within the boundaries of the project area. Descriptions, reference ties and elevations of the benchmarks shall be furnished to the eityClty. All elevations, topography and vertical control data shall be tied to sea level datum, 1929 general adjustments; and (g) The location and size of all existing sanitary sewer, water or storm sewer, and services on or adjacent to the property. 77 (2) Erosion and sedimentation controls. - (a) Delineation of all areas to be graded or excavated, and the limits of land disturbing activities; (b) identifioation of meastwes to be utilized to eonti--ol ei!osien and o (d) Idei-Aifleafien of the laeatiafi efdirtorsoil storage or stook pile ai!eas to be utilized on the subjeet ef~y; and (e) idepAifiea4ion of all measur-es to be utilized to prateet watef bodies Identification and use of the "best ri H" ri etiees"BMPs for temporary erosion and sedimentation control as recommended by the Minnesota Pollution Control Agency in its publication Protecting Water Quality in Urban Areas, (2000), or as amended, including but not limited to: (i) Perimeter erosion control devices, including ial ~o' 'krnite d+o silt ng; (ii) Phased grading; (iii) Temporary seeding; (iv) Storm drain inlet protection devices; (v) Rock construction entrance; (vi) Tree drip line or critical root zone perimeter protection for trees; (vii) Removal of all debris, dirt and soil from impervious ground surfaces, including abutting public or private roadways and sidewalks, in connection with the subject property; (viii) Sediment basins and flow diversions; and (ix) Any other erosion and sedimentation control device as deemed necessary by the eityQjtT. -7e l (c} Identification of BMPs to be utilized to control erosion and T sedimentation within and from the subject property during the project activity as required herein, d Identification of all permanent erosion control BMPs to be utilized and a completion schedule; Identification of the location of dirt or soil storage or stock pile areas to be utilized on the subject property and Identification of all BMPs to be utilized to protect water bodies and wetland buffers. (3) Tree preservation. (a) An accurate inventory of significant trees on the subject property, including identification of the size, species, condition and location of each significant tree. On large wooded sites, forest measuring methods may be used to determine the total diameter inches of trees outside the area of the proposed land disturbing activity; (b) Identification of all significant trees on the subject property proposed to be removed or that w€ [ [ be lost as a result of the land disturbing activity; (c) Identification of measures to be utilized to protect and preserve the significant trees proposed to be preserved..; (d) The plan shall identify and require the following tree protective measures: (i) Protective fencing around the outer edge of the critical root zone of all significant trees to prevent erosion, trenching, stockpiling, soil compaction or any other root damaging activity within the zone; and (ii) Pruning paint applied to any damaged bark or branch of a significant oak tree at any time between and including April 15 and July 1. (4) Drainage and grading. (a) Except for projects on R-1, R-2-,R4 and estate zoned property, Identification of proposed contour grading on the site at vertical intervals of not more than two feet.; 7? S (b) The estimated time required to complete the work and the amount of material to be moved on the site and the amount to be removed from the site; (c) A map showing the stages or limits of grading together with the existing or proposed finished elevations based on sea level readings; (d) Identification of proposed building bench elevations and direction of Clow of surface water within each lot; (e) Methods of controlling dust; (f) Submission of preliminary plans or program for water supply, sewage disposal, drainage and flood control; (g) Soil borings, if required by the si4yCity engineer; and (h) Drainage and grading design requirements shall be as follows: (i) No land shall be developed ardor no use shall be permitted that results in water run-off causing flooding (drainage in excess of the natural drainage anticipated by the erityCity stormwater management plan) or erosion on adjacent property. Runoff shall be properly drained via overland drainage ways or channeled into a stolen sewer system drain, watercourse, ponding area or other suitable facility approved by the eityCity; and (ii) A drainage plan for all new commercial, industrial, multiple residential and institutional developments shall provide for a six-inch rainfall in 24 hours as calculated in accordance with the modeling SCSTR-20 methodology. b. In addition to all other plan requirements in this section, the property owner shall submit to the eit-yCity an approved copy of the temporary and permanent erosion and sedimentation control plan and permit as required for the NPDES construction stormwater permit issued by the MPCA. D. Appeals of decisions. The applicant may appeal any requirement, decision or determination by the oityCL in connection with any provision of this section pursuant to the procedures as set forth in the zoning regulations regarding board of appeals and adjustments. S E. Exemptions. The provisions of this section shall not apply to public utility and - right-of-way installation and maintenance projects, which are regulated elsewhere in the City Code. F. Compliance with plan. 1. Compliance required. The applicant shall implement and comply with the land disturbance and erosion control plan (LDECP) prior to and during any construction or land disturbing activity under the land disturbance permit to which this seetienSection applies. All erosion and sedimentation control and tree preservation measures required under the plan shall be properly installed and remain in place until all grading and construction activity is completed or until a written request for removal of the protection measures is made to and approved by the eityC_ty. No construction or land disturbing activity to which this seetio Section applies or removal of any significant trees may occur until the LDECP is approved by the e4City and except in accordance with the approved LDECP. Failure to comply with the approved terms and conditions of an LDECP shall constitute a violation of this Code. 2. Determination of compliance. The e4yCity shall have the right to enter and inspect the subject property in order to determine compliance with the approved LDECP. The e4yCity shall have the right to order the suspension of any grading or construction activity on the subject property until compliance with the LDECP has occurred. 3. Finding of noncompliance. Upon a finding of noncompliance, the e4City shall use the following procedure with respect to notification and corrective measures: (a) The e4City shall personally serve upon the project manager, or other responsible person, and by certified U.S. mail upon the property owner, if different than the project manager, a written notification of the violation of the approved LDECP. (b) if remedial work is not completed and compliance with the LDECP has not occurred within 48 hours of service of the violation notification, the oityCity may complete remedial or corrective work and any costs incurred in connection with taking remedial action or installing corrective measures may be recovered from the applicant'. as allowed by law. In the alternative, the e4yCity may revoke any construction-related permit and order the termination of all construction activity on the subject property until the subject site is in compliance with the LDECP or withhold the issuance of a Certificate of Occupancy. G. Emergency corrective actions. In the event circumstances exist such that noncompliance poses an immediate danger to the public health, safety and welfare, as determined by the eityCity, the eityClty may take emergency corrective action to prevent ~l any such danger. The eCity shall take reasonable action to contact and direct the owner - of the subject property to tape any necessary action. Any costs incurred by the eityClty in connection with any emergency action may be reeovered far the applie°n+'° peff rmaiien s ,,r=+rassessed to the property as allowed by Minn. Stat. § 29,101. H. Conflict with other laws. If the requirements of this Section are in conflict with any other federal, state or local law, the stricter requirements shall be enforced. 1. Final "as-built" grade plan. Upon completion of, under a permit issued under this section, an "as'-built" grading plan shall be required. This paragraph shall not apply to any activity under a single lot building permit project on a R-1, R-2-,R-4 and Estate zoned property not in connection with a new development. The "as-built" grading plan shall depict the actual field grade conditions of the subject property and depict any changes from the original grading plan submitted to and approved by the eityClty. If building permits are requested prior to completion of the "as-built" grading plan, "as-built" grading plans shall be required for the individual lots associated with those building permits. All "as-built" grading plans shall be certified by a registered civil engineer and submitted to the e-t-yC ty in a format as required by the ekyCity. J. Tree preservation requirements, Removal or loss of significant trees shall be in accordance with the eityCity approved LDECP and the tree preservation regulations in chapter 11 of this Code. K. Fees. Fees associated with this section shall be set by a duly adopted resolution by eit-yCity council. L. , highways, shall sw,,4e the eity free and hannless f+efn all suits or elaims fOF damages resulting ft-o the negligent gfading, removal, plaeement of ster-age of rock, sand, gravel, dirt, ela~~ athei! like material within the eit-y. This seeui4ty, fufmiag to the eity, shall be eonditioned the approved !a-ad disttubanee affd ef-asion conim! plan, anWor the east a-ad expense e Mg any made neeessafy b3' ] ] ] sand, gr- This 7 section shall not apply to -m applieant who is peffefming new eonsimetion ei! any pfE~eet apply if it is determined that there is a strong patenfial for environmepAal degradation. IJ y. T4 am \sint of sr,e rit y sha4l beset by a duly adopted Feselution Amount . Tril aS i-imad emfesiea eopArol plan in addition to any other- seeuTity peffefmance --ed. by any othef regulations in Ns Code. The e shall be subjeet to ap inspec4ion, finds t-he pfajeet is not in eonViianee with all fequifemei-As of the approve that portion of the seeufivy equa4 to the cost of bringing the pfoj eet ipAo eofiv4anee with plan is not aeeomplished within the aflowarble tifne period, the eity may bring the pi*ee4 into eomplianee by use of 4he sectir-ity. M&-Star m wafer regulations. All construction, land disturbing activity and development shall comply with the eity-sCity's stop-nwater management plan and water quality and wetland management plan. N-.M. Welland conservation regulations. Except as otherwise provided in this Code, the Minnesota Wetland Conservation Statutes and regulations (commonly referred to collectively as the Minnesota Wetland Conservation Act), as amended through Laws 2001, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof, Section 2. Eagan City Code Chapter 1. entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to lain. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Cleric Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 26 Agenda Information Memo - November 18, 2048 Eagan City Council Meeting B. SHERWOOD WAY & COVINGTON LANE STOP SIGN PETITION ACTION TO BE CONSIDERED: Receive a petition and approve/deny the installation of all-way stop signs at the intersection of Sherwood Way and Covington Lane. FACTS: • A resident petition was received on July 28, 2008 requesting the installation of all- way stop signs at the Sherwood Way and Covington Dane intersection to address their concerns regarding a blind driveway at 1512 Sherwood Way, the current intersection control consisting of one (1) stop sign on the east leg of Sherwood Way, additional traffic created when Wellington Way is opened tolfiom the Steeplechase development, the presence of many children in the area and the lack of sidewalks on Sherwood Way. ■ This intersection is currently controlled by a stop sign on the east leg of the intersection. • Under Chapter 8 of the City of Eagan ordinances, the City has adopted by reference the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). The MnMUTCD provides specific criteria, or "warrants", which need to be present at an intersection for the installation of all-way stop signs. These warrants include: o A crash problem, as indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. o A minimum traffic volume of 500 vehicles entering the intersection for any consecutive 8-hour period. o Although not an individual warrant, consideration is also given for 85~~' percentile vehicle speeds above 40 miles per hour when both a crash problem and minimum traffic volumes exist. A traffic study was conducted in response to the petition. The results of the traffic study found: o No accidents were reported at this intersection since 2002. 'Mcrefore, a crash rop blem does not exist. o The traffic volume at the intersection was approximately 500-550 vehicles in 24- hours which is considerably less than the required volumes to achieve 500 vehicles entering the intersection per hour for a consecutive 8-hour period. o 85" percentile vehicle speed (the speed at which 85% of cars are traveling at or below) was not evaluated since neither a crash problem nor minimum traffic volumes exist. o While there is landscaping/retaining wall present in the NW quadrant of this intersection it does not constitute an obstruction and does not require removal. Further, all other quadrants of the intersection were clear of. obstructions. Therefore, a sight distance roblem does not exist. i o In lieu of an all-way stop condition, the installation of one (1) stop sign on either the west or north leg of the intersection was evaluated. It was determined that installation of a stop sign on either leg would create additional confusion to motorists and reduce the safety of the intersection. ■ No warrants have been met according to the traffic study. The City Council has previously delegated authority to the City Engineer to proceed with stop sign installations where sufficient warrants are met. Since no warrants have been met, the City Engineer can not authorize the requested stop signs. This petition is now being forwarded to the City Council for their information and further consideration. • It is recommended that the homeowner at 1512 Sherwood Way maneuver their vehicles within the existing driveway to exit in a forward direction rather than in reverse to resolve the concern of the blind driveway. The homeowner could also construct a turn-around area adjacent to the existing 30-foot wide driveway to better accommodate exiting the driveway in a forward direction. ATTACHMENTS: ■ Petition, page • Location and petitioner map, page 0 Letter to lead petitioner, pages througfO9 FOR CITY USE ONLY S Date Received +s - of Eajan Date Presented City To Council Approved PETITION Denied STOP SIGN We, the undersigned, hereby petiti n the Ci y Council of the City of Eagan to install step signs P on : L is 1 ' r r r~:7 I Cf7G at\l,ho intersection With: . i~ - - / = t We support lthis request with the /following reasons:, r r~I /~7r1 j~f~I'~~J ~~t1 fF ~J![f~-Cf f'P'N ~-Jef r [ ] 7 4. 1 !f 7 r Z4 Ll f I 7 [ IL•- We re uest that the City Council take this petition request under consideration at~earliest r opportunity and that we be informed as to when it is scheduled for formal action so that we mayj appear in person to support this request, if we so choose. J r Name Please PRINT and INITIAL) ADDRESS i }I`' t z 1 r_ 8 lu 4- D~ IL bAIVA 1-0 _ 6. Lt N12 t! -I &t-'a"o 7. 8. i~'i o -7 s K l woo vd~~ L t A( ii'Ml GJFOMVIA 0 li&n ~ y y ~ V ?`~AeTREE PASS 1508 1504 '1500 0 C G) -i Requested Stop 0 Sign Location z 15- r z 1499 1511 1507~~ 1503 1495 SHERWOOD QUAY 492 1x12 1508. 1504 7-,!1g5~ 1496 15161, i E 1531 1527 1511 1523 1519 1515 ELL/ WAY SCALE: t'= 74b` Petitioners 1 7-J8-G8 FIGURE of - Location & Petitioners Map NUMBER City of EaLaR Covington & Shen~vood Wa ~ Engineering Department V. ~ y EaRan City o October 29, 2008 Ms. Sheri Fax Mike Maguire 1512 Sherwood Way MAYOR Eagan, MN 55122-3701 Paul Bakken Re: Sherwood Way & Covington Lane Peggy Carlson Stop Sign Request Cyndee Fields Dear Ms. Fax: Meg Tilley COUNCIL MEMBERS The Engineering Department has received a petition, containing 15 names representing 8 properties, which requests the installation of additional stop signs at the intersection of Thomas Hedges Sherwood Way and Covington Lane. Based on our previous conversations, the response QTY ADMINISTRATOR to this petition is being forwarded to you for your information and to share with the balance of the petitioners. The i>stallation of stop signs is based on specific guidelines established by the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). The MnMUTCD contains requirements used by cities, counties, and the state to determine whether it is appropriate to install various traffic control signs and devices, including stop signs. MUNICIPAL CENTER According to the MnMUTCD, a stop sign is used to assign right-of-way at intersections 3830 Pilot Knob Road and can help inform people that they should stop before proceeding into the intersection. :agars, Mtn 55122-1810 Stop signs should not be used for speed control. Inappropriately placed stop signs can be 651.575.5000 phone even more dangerous than the current intersection control. It is for this reason that a 651.675.5012 fax traffic study was performed to determine whether specific conditions, or "warrants", exist 651.454.8535 TDD to justify the installation of additional stop signs to create an all-way stop condition. The traffic study analyzed the traffic volumes, sight distances and accident history at the Sherwood Way and Covington Lame intersection. Our analysis has determined that the MAINTENANCE FACILITY installation of additional stop signs creating an all-way stop condition is not warranted 3501 Coachman Point based on low traffic volumes and adequate sight distances on all approaches. The Eagan, MN 55122 absence of crashes at this intersection in the past 5 years further supports this conclusion. 651.675.5300 phone The current stop sign was reviewed for conformance with the applicable MnMUTCD 651.675.5360 fax guidelines. Our review indicates the current stop sign is appropriately placed on the east 651.454.8535 TDD approach to avoid confusion that could be caused by applying the normal right-of-way rule (i.e. yield to the vehicle on the right if both vehicles approach the intersection simultaneously), Further, the location of current stop sign is proper since it minimizes vww.cityofeagan.com the numbers of vehicles having to stop relative to the other approaches. In accordance with the City's stop sign petition policy, your request for all-way stop signage will be forwarded to the City Council for consideration. Their consideration has been scheduled for the Tuesday, November 18, 2048, council meeting which takes place in the City Council Chambers at Eagan City Hall, 3$30 Pilot Knob Road. The meeting THE LANE OAK TREE will begin at 6:30 p.m. with a variety of other business items also scheduled for this The symbol of I meeting. strength and growth in our community. Ms. Sheri Fox October 29, 2008. p• 2 Thank you for your interest in the safety of your neighborhood and for giving me, the opportunity-to respond to your request, Please contact me at 551-675-5643 if you have questions regarding the results of the traffic engineering analysis and any associated questions. Sincerely, Tian Plath, PE, PTOE Transportation Engineer cc: Tom Colbert, Public Works Director Russ Matthys, City Engineer John Gorder, Assistant City Engineer Tom Struve, Street Superintendent Aeacityl ngineer$ltim plathV081letters)sherwood way stop sign 10-29-48.doc S AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 18, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZE Submittal of a CDA Redevelopment Incentive Grant for Cedar Grove F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting November 18, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority C"EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. MINUTE The minutes of the November G, 20.08 EDA meeting are enclosed on pages MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November G, 2008 A meeting of the Eagan Economic Development Authority was held on Thursday November 6, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley, Commissioner Bakken and Commissioner Hunter. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Community Development Director Hohenstein noted that item three of the Consent Agenda regarding an MIF Application for Biothera Expansion would be continued. Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 I. It was recommended to approve the minutes of the October 21, 2008 EDA meeting as amended. 2. It was recommended to approve the Property Demolition Service Agreement with Dakota County DCA for Cedar Grove Redevelopment District. 3. It was recommended to continue the public hearing to consider a Resolution to Submit MIF Applciation for Biothera Expansion to the December I EDA meeting. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT STIPULATION OF SETTLEMENT FOR SUPERIOR COLLISION PROPERTY AT 3985 CEDARVIEW DRIVE Community Development Director Hohenstein discussed the purchase of the Superior Collision property at 3985 Cedarview Drive. Commissioner Tilley moved, Commissioner Hunter seconded a motion to approve a Stipulation of Settlement for the purchase of the former Superior Collision property in the q S Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT STIPULATION OF SETTLEMENT FOR PURCHASE OF FORMER LARRY HAUGEN PROPERTY Community Development Director Hohenstein discussed the purchase of the former Larry Haugen property at 3910 Cedarvale Drive. Commissioner Tilley moved, Commissioner Hunter seconded a motion to approve a Stipulation of Settlement for the purchase of the former Larry Haugen property in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting at 10:20 p.m. Date Thomas Hedges, Executive Director q~ Agenda Memo - Eagan Economic Development Authority Meeting New Business November 18, 2008 1. CDA REDEVELOPMENT INCENTIVE GRANT FOR CEDAR GROVE PROJECT ACTION TO BE CONSIDERED: To approve a resolution to authorize submittal of a CDA RIG program application for demolition activities in the Cedar Grove Redevelopment District. FACTS: • The Dakota County Community Development Agency has allocated up to $1.2 million per year for its Redevelopment Incentive Grant (RIG) Program, which was created to assist cities in the County in meeting their redevelopment goals and to further the goals of the CDA. • The maximum grant award is $250,000 per City, but may be less depending upon the number of qualified applications that are received for the program. Grant applications are accepted through December 1 for award and distribution in the following year. • The CDA has worked with the City in a number of respects relative to the Cedar Grove Redevelopment District and CDA staff has indicated that a number of Cedar Grove activities planned for 2009 would be eligible for funding. under the program. Staff has identified the upcoming building demolition work within the District as the activity to be funded by the grant. • The EDA previously authorized the preparation of the RIG grant application and the program criteria require adoption of the attached resolutions as part of the submittal documents. ATTACHMENTS: • Resolutions on pagesS through .q qq RESOULTION ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, The City of Eagan has identified a proposed project within the City that meets the Dakota County Community Development Agency (CDA) Redevelopment Incentive Grant program's purposes and criteria; and WHEREAS, the City has established a Redevelopment Plan of which the proposed project is a component; and WIIEREAS, the City has the capability and capacity to ensure the proposed be completed and administered within the Redevelopment Incentive Grant program guidelines; and WHEREAS, the City has the legal authority to apple for financial assistance; and WHEREAS, the City is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the Eagan Economic Development Authority approves the application for funding from the Dakota County CDA, Mike Maguire, the EDA President and Tom Hedges, the Executive Director, is hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, EDA President of the Economic Development Authority Tom Hedges, the Executive Director of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duty passed and adopted by the Authority in a regular meeting thereof assembled this 18"' day of November, 2008. Make Maguire, EDA President Tom Hedges, Executive Director qS4 RESOLUTION CITY OF EAGAN - WHEREAS, The City of Eagan has identified a proposed project within the City that meets the Dakota County Community Development Agency (CDA) Redevelopment Incentive Grant program's purposes and criteria; and WHEREAS, the City has established a Redevelopment Plan of which the proposed project is a component; and WHEREAS, the City has the capability and capacity to ensure the proposed be completed and administered within the Redevelopment Incentive Grant program guidelines; and WHEREAS, the City has the legal authority to apple for financial assistance; and WHEREAS, the City is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the City of Eagan approves the application for funding from the Dakota County CDA, Mike Maguire, the Mayor and Tom Hedges, the City Administrator, is hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mime Maguire, Mayor, and Mania Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 18`x' day of November, 2008. Mike Maguire, Mayor Maria Petersen, City Cleric (40 Agenda Information Memo Eagan Economic Development Authority Meeting November 18, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting.