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08/17/2004 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING August 17, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS 1V. CONSENT AGENDA A. APPROVE MINUTES 10B. PERSONNEL ITEMS C. CHECK REGISTERS ~3 D. APPROVE Proclamation Naming August 19, 2004 as Burnsville/Eagan Community Television Volunteer Appreciation if, Day 5 E. ACCEPT Resignation of Airports Relations Commission member Mike Schlax F. APPROVE List of Election Judges for the September 14, 2004 Primary Election a G. APPROVE Temporary On-sale Liquor License for Faithful Shepherd Catholic School ~j H. APPROVE Waste Hauler Contract with BFI Waste Systems r oZ I. AUTHORIZE Advertisement of Request for Proposal for Park, Recreation, and Open Space Vision Planning Services J. RECEIVE Bids and Award Contract 04-04 (Lexington Avenue - TH 55 to Lone Oak Road) 2 K. ADOPT Revised BETC Access Rules 3 L. APPROVE Extension to Development Agreement for Project 03-H (Kennerick 2"d Addition) 3 3 M. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 03-A (Centennial Ridge) N. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 03-J (Sienna Woods) ` O. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 03-K (Piney Woods) ! ( P. RECEIVE Petition and Schedule Public Hearing for Vacation of Drainage and Utility Easement for Lot 4, Block 5 Pines Edge I't Addition Q. RECEIVE Final Assessment Roll and Schedule Public Hearing for Project 893 (Diffley Frontage Roads) 3 R. RECEIVE Final Assessment Roll and Schedule Public Hearing for Project 895 (Lake Park Shores & Thomas Lake P Addition) "S. RECEIVE Final Assessment Roll and Schedule Public Hearing for Project 896 (Lakeside Estates) T. RECEIVE Final Assessment Roll and Schedule Public Hearing for Project 897 (Wilderness Park 2"d & 3rd) U. APPROVE Final Subdivision, Epic Development - Woodland Place pay ~ V. AUTHORIZE Negotiation of Consultant Contracts with Ehlers and Associates, Hoisington-Koegler Group and SRF to Perform Aspects of the Northeast Eagan Land Use Study ~C,S'W. AUTHORIZE Advertisement for Bids for Two Fire Apparatus Replacements (Fire Pumper / Pumper Tanker Trucks) and Approve Funding Source PL I APPROVE Easement Encroachment Agreement with Northern Natural Gas Company (Coachman Water Treatment ~+`i Plant) SOY. APPROVE Change Order #6, Contract 03-09 (Coachman Water Treatment Plant Expansion) PpS/ Z. ADOPT Findings of Fact, Conclusion and Resolution for Denial - Wennsman Homes - Carriage Hills 1 A. APPROVE Title for Ballot Question On Charter Commission B. APPROVE License Agreement for Shared Use of Central Maintenance Storage Yard (River Valley Acres) C. APPROVE Lawful Gambling Permit for Faithful Shepherd Catholic School D. APPROVE City of Eagan Proclamations / Resolutions Policy E. AUTHORIZE the Solicitation of Request for Proposals for Consulting Services to Conduct an Internal Organizational Study. q FF. AUTHORIZE Joint Power Agreement Between the Dakota County Library Board and the City of Eagan for Library Access to the Institutional Network. V. PUBLIC HEARINGS A. VARIANCE, Wayne Anderson - A Variance request of 4' to the building code setback for a deck on Lot 3, Block 5, Coachman Land Company 2nd Addition, located at 3150 Farnum Drive in the NW '/4 of Section 9. B. VARIANCE, Debra Newman - A Variance request of 4.2 feet to the established 20-foot front yard setback from public Po v right-of-way to enclose a porch on Lot 8, Block 3, Brittany 3rd Addition, located at 1579 Sherwood Way in the SW '/4 of Section 33. & C. VACATION - Vacate Gun Club Road and Public Easements (Long Acres Addition) VI. / OLD BUSINESS f ~A. CONDITIONAL USE PERMIT, Wal-Mart - A Conditional Use Permit to allow a check cashing service on Lot 1, Block 1, Town Centre 70`x' Eleventh Addition, located at 1360 Town Centre Drive in the NW '/4 of Section 15. ~~D7B. FINAL SUBDIVISION, Long Acres I" Addition and Vacation of Public Rights of Way and Easements (Gun Club Rd) - Manley Land Development C. FINAL SUBDIVISION, Long Acres 2nd Addition - Manley Land Development ea;~D. ORDINANCE AMENDMENT - Emergency Vehicle Traffic Signal Preemption I. NEW BUSINESS /Ck. SELECT NAME FOR EAGAN COMMUNITY CENTER TEEN CENTER 5B. APPOINTMENT of New Airport Relations Commission member r;13 C. RECEIVE PETITION, MAKE A DETERMINATION OF NEED AND AUTHORIZE RETENTION OF A RECORD OF DECISION for an Environmental Assessment Worksheet for the Diamond T/Steeplechase Development Proposal b0D r REZONING, PRELIMINARY SUBDIVISION AND WETLAND REPLACEMENT PLAN - TOLL BROTHERS - A Rezoning of approximately 38 acres from A, Agriculture to PD, A Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots, a Preliminary Planned Development to create 36 single family lots and 73 townhome lots and a Wetland ~j Replacement Plan for property located on the old Diamond T Ranch site on Pilot Knob Road in the SE '/4 of Section 33. 'VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE IX. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA XI. ECONOMIC DEVELOPMENT AUTHORITY * The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA ^ C. APPROVE MINUTES IVY D. OLD BUSINESS E. NEW BUSINESS as9 1. APPROVE preliminary designation of the Ryland-Schafer/Richardson partnership as the Master Developer for the Cedar Grove Redevelopment District. 61 2. SCHEDULE A PUBLIC HEARING for the Consideration of the Sale of Property in the Nicols Ridge Development Area in the Cedar Grove Redevelopment District to US Home for Redevelopment Purposes F. OTHER BUSINESS pl v f 1. Redevelopment District Update G. ADJOURNMENT XII. OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Z MEMO city of eaW MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 13, 2004 SUBJECT: AGENDA INFORMATION FOR AUGUST 17, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 17, 2004 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 17, 2004 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 August 2, 2004 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 2, 2004 regular City Council meeting are enclosed on page 3 R AF ~ MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota August 2, 2004 A regular meeting of the Eagan City Council was held on Monday, August 2, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Miller. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the Consent Agenda as presented. Aye:S Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 20, 2004 Listening Session, the minutes of the July 20, 2004 regular City Council meeting and the July 13, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Tom Streefland Jr. as part-time custodian at the Community Center. 2. It was recommended to approve the 2004-2005 Civic Area Pay Scale. C. Check Registers. It was recommended to ratify the check registers dated July 29, 2004 as presented. D. Extension to Record Final Plat. It was recommended to approve an extension of time to record the Final Plat for Nicols Ridge (Phase I). E. Final Subdivision. It was recommended to approve a Final Subdivision, Sugar Bluffs, to create four lots and one outlot on approximately 5.58 acres located east of Thomas Lake Road and north of Cliff Road in the SE 1/4 of Section 28. F. Extension of Conditional Use Permit. It was recommended to approve a one-year extension of a Conditional Use Permit for a hotel in the BP, Business Park zoning district, on property located at 2775 Blue Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park, in the NW 1/4 of Section 2. G. Contract 04-04. It was recommended to approve a revised bid opening date for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street and Utility Improvements) to be held at 10:30 a.m. on Thursday, August 12, 2004. H. Project 00-I. It was recommended to acknowledge the completion of Contract 00-I (Pine Tree Pass 6"' Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. I. Project O1-J. It was recommended to acknowledge the completion of Contract 01-J (Pine Tree Pass 7"' Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. J. Project O1-K. It was recommended to acknowledge the completion of Contract Ol-K (Pine Tree Pass 8"' Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. K. Proiect O1-C. It was recommended to acknowledge the completion of Contract 01-C (Woodstone Townhomes Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. 3 Eagan City Council Meeting Minutes August 2, 2004 Page 2 L. Project 02-B. It was recommended to acknowledge the completion of Contract 02-B (Oakbrooke 6t' Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. M. Grand Oak AUAR Update. It was recommended to adopt the 5-year update to the Grand Oak Alternative Urban Area wide Review (AUAR). N. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot 5, Block 1, Royal Oaks (927 Wild Rose Court) and schedule a public hearing to be held on September 7, 2004. 0. Management ChangeLiquor License. It was recommended to approve a change in management on the off-sale 3.2 percent malt liquor license at Kwik Trip located at 3145 Dodd Road. P. Safe and Sober Grant. It was recommended to adopt a resolution authorizing the execution of a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe and Sober Communities. Q. 2005 Civic Arena Operating Budget. It was recommended to approve the 2005 Civic Arena Budget including rates for the 2004-05 Season and the acquisition of capital improvements. R. Extension for EAW. It was recommended to authorize a 15 day extension of the timeline for Council action regarding a Petition requesting preparation of an Environmental Assessment Worksheet for the Diamond T- Steeplechase Development Proposal. S. Zoning Map Update. It was recommended to initiate an Ordinance Amendment updating the City of Eagan Zoning Map and to Waive notice requirement for the City of Eagan Zoning Map Update. T. Tree Contractor License. It was recommended to approve a Tree Contractor License for Prime Cut Tree Service. PUBLIC HEARINGS VARIANCE TO EXCEED THE 25 FOOT SETBACK FOR A DECK ADDITION BY 11 FEET LOCATED AT 4223 BOULDER RIDGE POINT - LAURIE MACKO City Administrator Hedges introduced this item regarding a variance to exceed the 25 foot setback by 11 feet for a deck addition to the principal structure at 4223 Boulder Ridge Point. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. The Vice President of the Boulder Ridge Homeowners Association noted the Association's support of the proposed variance. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Variance to exceed the 25 foot setback by 11 feet for a deck addition to the principal structure at 4223 Boulder Ridge Point; subject to the following conditions. Aye: 5 Nay: 0 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 Variance shall only apply to the proposed 12' x 14' deck. 3. The setback of the proposed deck to the private road shall be no less than 14 feet. Eagan City Council Meeting Minutes August 2, 2004 Page 3 )?tl F~ NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - WENSMANN HOMES Mayor Geagan gave an opening statement regarding a proposed Comprehensive Guide Plan Amendment to establish a LD, Low Density, residential land use guide plan designation upon approximately 120 acres of land located south of Yankee Doodle Road and west of Wescott Woodlands. He noted that a public hearing had been held before the Advisory Planning Commission and explained that the Council's decision must reasonably relate to promoting the public health, safety, morals and general welfare of the community. City Administrator Hedges gave an overview of the proposed Comprehensive Guide Plan Amendment and City Planner Ridley gave a staff report. Herb Wensmann addressed the Council describing how the property was acquired. Terry Wensmann provided a presentation supporting the proposed Comprehensive Guide Plan Amendment. Tony Gleckel, Attorney for Wensman Realty gave an overview on the legal descriptors of why the proposal is supported by the Comprehensive Guide Plan. He also gave an overview of the proposed housing plan which incorporates an extensive park system and addressed the growing senior population in Eagan. Gary Brown, RFK, discussed a traffic study of the area. Nick Polta of Pioneer Engineering addressed infrastructure issues of the proposed development. Bill Bleckam of Pioneer Engineering discussed wildlife concerns that have been raised. Peter Beck, attorney representing the Ray and Rosie Rahn family, owners of Carriage Hills, noted that a golf course on the property has not proved to be economically feasible. Sharon Isabart representing a neighborhood coalition opposing the proposed Comprehensive Guide Plan Amendment expressed the concerns of the group. Eva Ing spoke in support of the Wensman Homes proposal. The City Council held a discussion regarding the Comprehensive Guide Plan Amendment request and the impact the proposal could have on surrounding neighborhoods. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct Findings of Fact for denial of a Comprehensive Guide Plan Amendment of approximately 120 acres from P, Park to LD, Low Density residential, located at 3535 Wescott Woodlands in the NW of Section 14 to the August 17, 2004 Council meeting. Aye: 5 Nay: 0 Reasons/rational for denial of the proposed Comprehensive Plan Amendment were noted as follows: • To maintain the integrity of the City's Park and Recreation system Plan. • The site has substantial open space and natural amenities including trees and wetlands. • To maintain the goals set forth in the City's Comprehensive Guide Plan, which includes balancing the amount of residential and other types of land use classifications. • To maintain the recreational use of the property as a golf course. • The City's transportation system is based on the use of the property being recreational in nature. • Traffic concerns on Yankee Doodle Road at Wescott Woodlands and on Duckwood Drive. • There is no adverse impact on the City's schools if the property remains a golf course. • The threshold test of whether this proposal is in the best long-term interests of the City has not been met at this time. • The proposal does not promote the health, safety and welfare of the City and therefore, does not benefit the long-term interests of the City. • The decrease in the amount of public facilities does not benefit the long-term interests of the City. • Existing Comp Guide has recognized for many years the property as a golf course to the benefit of both the City and the owner. Eagan City Council Meeting Minutes August 2, 2004 D/?,4 F Page 4 l • City's official controls were originally changed at the property owner's request to allow for a golf course. PLANNED DEVELOPMENT AMENDMENT - DUNG (YOUNG) NGUYEN City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow off-sale liquor sales at 1629 Lena Court. City Planner Ridley gave a staff report Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow off-sale liquor sales at 1629 Lena Court in the NW '/a of Section 28, subject to the following conditions: Aye:5 Nay:0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The operation of the off-sale liquor store shall comply and be operated in accordance with all relevant state laws and regulations. 3. Other than open/closed and hours of operation, window signage shall be prohibited. 4. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. PLANNED DEVELOPMENT AMENDMENT (LOT 1, OLSON-BURGER ADDITION) NWA FEDERAL CREDIT UNION City Administrator Hedges introduced this item regarding a Planned Development Amendment to the Olson-Burger Planned Development to allow two lots/buildings and a drive-through facility, and a Final Planned Development with a bank drive-through facility on Lotl, Block 1, Olson-Burger Addition. City Planner Ridley gave a staff report. Tom Hogan, developer representing NWA Federal Credit Union made a presentation regarding the building design. Councilmembers discussed the overall proposal, including building design, exterior materials, signage, concern over sun reflection, and drive-through bypass. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to the Olson-Burger PD to allow two lots/buildings and a drive-through facility, and a Final Planned Development a bank with a drive-through facility on Lot 1, Block 1, Olson-Burger Addition, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to the Final Planned Development Agreement. The following plans are required for the Final Planned Development Agreement: • Site Plan • Landscape Plan • Building Elevations • Signage Plan • Site Lighting Plan 2. The landscape plan shall be revised in the northeast corner to provide better screening of the drive- through area. 3. All engineering issues related to grading, utilities and storm drainage will be addressed with building permit submittal for this development. 4. The plans shall be revised to show three stacking lanes and a fourth striped bypass lane. 5. To allow for proper spacing and efficiency of the future intersection for Denmark Avenue and Northwood Parkway, possible future subdivision or development of this property shall be restricted to only the accesses proposed under this development, as shown on the submitted site plan. ot~ Eagan City Council Meeting Minutes August 2, 2004 L)RAFT Page 5 6. A stormwater treatment pond with a minimum wet-volume of 0.44 acre-feet shall be constructed on the site. The pond shall be constructed according to NRUP and City of Eagan standards, including a 10:1 aquatic bench and outlet skimmer. 7. A declaration of cross easements for the 38 foot wide shared driveway and drive aisles, in a form acceptable to the City Attorney, will need to be executed and recorded. 8. This development is subject to a cash parks dedication to be paid at the time of the building permit at the rates then in effect. 9. Trash storage shall be inside the building. If outside trash storage is necessary, it shall be screened with an enclosure attached to the principal building, made of materials to match the building and with gates that are 90% opaque. 10. The colors of building materials as provided to staff and presented on July 27, 2004 shall be submitted to the City for inclusion in the Final Planned Development Agreement. 11. One monument sign is permitted for this building. The monument sign shall not exceed 7 feet in height, and the message area shall not exceed 4 feet in height. Setbacks shall be 10 feet from any property line. 12. Wall signage shall be allowed on the north building elevation only, as shown on the Building Elevations. Directional signs within the site shall not exceed six square feet in area. 13. The site lighting fixtures shall be similar to those used at Slumberland for site lighting. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION - INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the designation of approximately 13.5 acres from Special Area 2 - Business Park to Special Area 2 - Office / Service; a Preliminary Subdivision of approximately 13.5 acres to create four lots on property located at the northwest intersection of Highways 55 and 149; and a Rezoning and Preliminary Planned Development of approximately 13.5 acres from Business Park to Planned Development. This item was continued from the June 15, 2004 Administrative Agenda. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Comprehensive Guide Plan Amendment to change the designation of approximately 13.5 acres from Special Area 2-Business Park to Special Area 2-Office/Service. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Grand Oak 5) of approximately 13.5 acres to create four lots on property located at the northwest intersection of Highways 55 and 149 in the east 1/2 of Section subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al; B1, 2, 3, 4; Cl, 2,4; D1; E1; F1; and H1 2. The property shall be platted. 3. The developer shall enter into and record a Preliminary Planned Development Agreement against the property. The Agreement shall include the following exhibits: ➢ Preliminary Site Plan ➢ Preliminary Building Elevations ➢ Preliminary Landscape Plan ➢ Preliminary Sight Lighting Plan 4. The Preliminary Planned Development shall have a term of five years. 5. Development of each lot shall require Final Planned Development approval. 6. The developer shall enter into and record a Final Planned Development Agreement against each parcel. Each Agreement shall include the following exhibits: ➢ Final Site Plan ➢ Final Building Elevations Plan Eagan City Council Meeting Minutes August 2, 2004 Page 6 DRAFT ➢ Final Sign Plan ➢ Final Landscape Plan ➢ Final Site Lighting Plan 7. Overall square footages are set below: ➢ Lot 1 - 100,000 SF two-story office building. ➢ Lot 2 - 10,000 SF one-story office building or 20,000 SF two-story office building.* ➢ Lot 3 - 9,600 SF retail & 3,600 SF restaurant (13,200 SF total) or 6,000 SF retail & 6,000 restaurant (13,200 SF total). ➢ Lot 4 - 30,000 SF two-story office building or 20,000 SF one-story office building.* * The combination of Lots 2 & 4 will not exceed 40,000 SF of office building. It is acknowledged that footprint or floor plate sizes shown on the Site Plan may differ at the time of development. 8. The developer shall provide cross parking easements over all lots. 9. The developer shall provide landscaping that is consistent with the Master Landscape Plan dated April 23, 2004 with the latest revision date of May 5, 2004. 10. The retail/restaurant buildings shall exhibit exterior materials that will consist of glass (50%), brick (30%) and accent material (20%) such as synthetic stucco (EFIS). 11. The developer shall submit specific elevation and material plans at the time of application for Final Planned Development approval. 12. All building elevations shall be treated the same in regard to finish materials. 13. The developer shall revise the building design for the bank prior to the Final Planned Development proceeding to the City Council. 14. The ultimate Signage Plan shall be subject to Site Plan review and approval by the City Council. 15. Other than "Open or Closed" and hours of operation, window signage shall be prohibited. 16. All trash/recycling shall either be handled internally or within an enclosure attached to the building and constructed of materials to match the building. 17. A photometric site lighting plan and design detail plates illustrating the type, location, and height will be required at the time of application for Final Planned Development approval. 18. The developer shall be responsible for all roadway modifications necessary to accommodate this development, as required by MnDOT and the City. 19. The developer shall provide berming to screen parking areas adjacent to public right-of-way, where possible. 20. This development should accept the City's determination of responsibility and costs of $3,760.00 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998, and updated in September 2003. The financial obligation should be placed in an escrow account.with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. 21. An agreement between MnDOT and the City regarding perpetual maintenance of these frontage roads shall be reached before final subdivision approval for this development. 22. The developer shall satisfy any parks and trails dedication due with a cash dedication based on the rates in effect at the time of development. 23. This developer shall meet the City's water quality requirements entirely through on-site ponding. 24. One stormwater pond (Pond A) shall be constructed with a minimum wet-pond volume of 1.3 acre-feet and a minimum area of 0.27 acres. The other stormwater treatment pond (Pond B) shall be constructed with a minimum wet-pond volume of 0.5 acre-feet. Both ponds shall have a 10:1 aquatic bench and outlet skimmers according to City design standards. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning and a Preliminary Planned Development of approximately 13.5 acres from Business Park to Planned Development subject to the previous conditions (as listed above in the approval of the Preliminary Subdivision (Grand Oak 5). Aye: 5 Nay: 0 F Eagan City Council Meeting Minutes August 2, 2004 A t` 7 Page 7 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided a timeline for the Caponi property acquisition. The City Council Sub- Committee, Councilmember Maguire and Councilmember Carlson were acknowledged for their work on the issue. City Administrator Hedges noted that an update on the Caponi acquisition will be included on upcoming regular City Council meeting agendas, per the request of the subcommittee. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an overview of correspondence to the Federal Aviation Administration in response to the July 19, 2004 Metropolitan Airports Commission Noise Compatibility Program Recommendation. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve correspondence to the Federal Aviation Administration in response to the July 19, 2004 Metropolitan Airports Commission Noise Compatibility Program Recommendation. Aye: 5 Nay: 0 VISITORS TO BE HEARD Shawn Hoffman, Eagan Resident, expressed concern regarding traffic issues on Coventry Parkway and Dodd Road, submitting a petition from area residents to lower the speed limit to 25 mph and/or install signage to slow traffic. City Engineer Russ Matthys discussed the neighborhood speed limit and signage. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:30 p.m. Date Assistant to City Administrator If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo August 17, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Research and Special Projects /Resignation ACTION TO BE CONSIDERED: To accept the resignation of Parks and Recreation Department Research and Special Projects employee Beth Wielde. Item 2. Temporary Part-Time Research and Special Projects Employee ACTION TO BE CONSIDERED: To approve the hiring of Beth Wielde for the position of Temporary Part-Time Research and Special Projects employee in the Parks and Recreation Department. FACTS: ■ Beth Wielde has resigned from her full-time regular position with the City in order to join the faculty at Minnesota State University at Mankato. ■ However, the City will be able to use her services on a temporary and very part-time basis until after an organizational study for the City is completed. ■ Due to certain regulations regarding employee benefits (which she will no longer receive), it is necessary for the City to accept her resignation from her regular full-time position and rehire her as a temporary part-time employee. Item 3. Promotion/Police Sergeant ACTION TO BE CONSIDERED: To approve the promotion of Roger New to Police Sergeant. Item 4. Request For Proposals (RFP's) for Medical and Dental Coverage ACTION TO BE CONSIDERED: To authorize the issuance of RFP's for Medical and Dental Benefits. FACTS: • The City of Eagan currently provides medical coverage for employees through contracts with two managed care organizations, Medica HMO and HealthPartners HMO. Preventive dental benefits are provided within the medical plans and there is no separate dental coverage for employees. • The City last issued an RFP for medical coverage for the 2003 plan year and is not legally required to issue another until after the 2008 plan year; however due to rapidly increasing costs and changing circumstances; the City's insurance consultant is recommending that an RFP be issued this year for use in a January 1, 2005 implementation. /V Agenda Information Memo August 17, 2004, Eagan City Council Meeting • The City's insurance committee consisting of representatives from all bargaining units and all non-organized groups through department representation has been meeting to investigate current coverages, historical renewal rates, projected renewal rates, and various coverage and plan options the City might pursue. The overall objective is to continue providing the best possible coverages at the best possible cost within the budgetary constraints of both the City and its employees. • The message that some changes are necessary has been delivered by the insurance consultant and the RFP for medical coverage is designed to provide a wide range of options that could potentially be packaged in different combinations for consideration by the insurance committee for recommendation to the City Council. For example, it is likely that, at a minimum, total carrier replacement will result from this process and the City will no longer offer a choice between two medical coverage providers. • The RFP for a dental coverage provider is being issued for the purpose of gathering information and to provide options in the event a different model might be considered to be put in place regarding the offering of benefits and the payment of related premiums. ATTACHMENTS: • The RFP's are rather lengthy and technical in nature and consistent with past practice are not included in the packet material. If any member of the City Council would like a copy of either document, either before the meeting or at anytime during the process, please contact the Office of the City Administrator. Agenda Information Memo August 17, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 5, 2004 and August 12, 2004 as presented. ATTACHMENTS: • Check registers dated August 5, 2004 and August 12, 2004 are enclosed without page number. Agenda Memo August 17, 2004 CONSENT AGENDA: D. Approve Proclamation Naming August 19, 2004 as BECT Volunteer Appreciation Day ACTION TO BE CONSIDERED: Proclaim August 19, 2004 Burnsville/Eagan Community Television Volunteer Appreciation Day. FACTS: • For the past 17 years Burnsville Eagan Community Television has had a recognition day to honor its many citizen volunteers. • Programming about Eagan and Burnsville is produced for the community cable channels with the assistance of volunteers. Without the 300+ volunteers involved each year, programs made by the community, for the community, would not be possible. • The following resolution is identical to prior-year resolutions and is consistent with the new policy for proclamations, in that it deals with City of Eagan local government service delivery. • This year's Appreciation Day event will be celebrated with a picnic supper and program at Blackhawk Park in Eagan, August 19th, from 6:OOPM - 8:OOPM. ATTACHMENTS: • Draft Proclamation declaring August 19, 2004 BECT Volunteer Appreciation Day: /3 PROCLAMATION BURNSVILLLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY WHEREAS, from January 1, 2003 to December 31, 2003, 300 citizens volunteered approximately seven thousand hours of their time and energy to provide community television to the communities of Burnsville and Eagan, resulting in 1000 hours of original programming and approximately 600 new productions, and WHEREAS, these programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities, which otherwise would not be provided, and WHEREAS, the Burnsville/Eagan Community Television volunteer producers and their crews have established Burnsville/Eagan Community Television as a premier community television institution, having received over 20 state and national awards, and WHEREAS, these volunteers receive no compensation for their time, energy and production skills, other than the occasional thank you by appreciative viewers and citizens, and WHEREAS, the cities of Eagan and Burnsville, and the Burnsville/Eagan Telecommunications Commission, have decided to demonstrate their appreciation by honoring all the 2003 community television volunteers with the Burnsville/Eagan Community Television Volunteer Appreciation Event on August 19, 2004. NOW THEREFORE, I, Patrick Geagan, Mayor of the City of Eagan/Bumsville, on behalf of the City Council, do hereby proclaim Thursday, August 19, 2004 as BURNSVILLEXAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY In Eagan, Minnesota. Proclaimed this 17th day of August, 2004 Patrick Geagan, Mayor Agenda Memo August 17,2004 City Council Meeting CONSENT AGENDA: E. ACCEPT Resignation of Airport Relations Commission member Mike Schlax. ACTION TO BE CONSIDERED: To accept the resignation of Airport Relations Commission member Mike Schlax. FACTS: • Mr. Mike Schlax has been a long-time member of the Eagan Airport Relations Commission, with his current term lasting 3 years. • Mr. Schlax submitted his letter of resignation to the Mayor on July 27, 2004. • A letter from Mayor Geagan was sent to Mr. Schlax to thank him for his service to the community. • In accordance with the City Council's Commission policy, the vacancy that will result from Mr. Schlax's resignation is proposed to be refilled. • A ballot with proposed applicants to refill the position Is included under New Business. Agenda Memo August 17, 2004 CONSENT AGENDA: F. APPROVE LIST OF ELECTION JUDGES FOR THE SEPTEMBER 14, 2004 PRIMARY ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the September 14, 2004 Primary Election. ATTACHMENTS: • Attached on pages P1 through.U-is the list of election judges for the Primary Election. September 14, 2004 - Primary Election Judges LAST NAME FIRST ABBOTT JASON AGRIMSON LOIS ALWAR TANUJA ALWAR GIRI ANDERSON CAROL ASTLEFORD SHARON BAHR DARLENE BAKER MARION BARI JOSEPH BAUER FRAN BEATTY DICK BECK SIDNEY BELLILE GROVER BERKOPEC JINNY BJORK IRMA BLACK NEAL BOHLIG JOAN BONNETT JASON BRASTAD VIVIAN BREUER PENNY BROM CAROL BROST KENT BRYAN RITA BURBACH TRICIA BURKARD SHIRLEY CANNELLA ROBERT CAREY RODNEY CARLSON DOROTHY Wednesday, August 11, 2004 Page l of 9 LAST NAME FIRST CHRISTENSEN CLARENCE CISNEROS MAUREEN CLOUGH SONYA COHOES KAREN COLBERT SCOTT COLEMAN TONY COLLINS ROYCE KATHY COLOGNA DIANE COMBS PAMELA COOK LARRY COOK MIKE CORDES BARB DANNER MARGO DEHNEL MICHELLE DEVINE JUDY DICKINSON ROBERT DIDRIKSON ERIK DOLPHAY MARGARET DRISCOLL JAMES DUNCAN MARGARET DZIELSKY SHIRLEE EDWARDS CONNIE ENDER PHYLLIS ERICKSON CINDY ERICKSON DAVE EVARTS SUSAN FAIRCHILD CARALYNE FELBER KATHY FISCHER CHARLES FORSMAN SONI Wednesday, August 11, 2004 Page 2 of 9 LAST NAME FIRST FOX BARBARA FREUND CAROL GERLACH MARK GIGNAC MILLIE GLEWWE CARL GLOVER KELLY GOEDKEN RONALD GOETZ RUTH GOIN LIZ GRASS DARELL GUETZLAFF MARTI HAGBERG MARY HAGEN LORI HAGEN KAY HAIR TOM HANSEN GARY HANSEN SHERI HANSEN PAUL HANSEN MARI HANSEN JUDY HANSON TONI HARMON JEAN HARMONING RENAE HARTLEBEN MILDRED HARVEY EILEEN HASH HERDIS HASH ORLANDO HAUSLADEN RAY HAUSLADEN NANCY HEALY BEA Wednesday, August 11, 2004 Page 3 oj9 LAST NAME FIRST HEIR DONNA HENDRICKS PATRICK HOBOT DIANNE HOESCHEN REBECCA HOLMAN DEBORAH HUBBARD MARLYS HUDSON BILL IFFERT RICHARD INGERSON NANCY JABBRA VICKIE JACKSON ELIZABETH JACKSON JAMES JANDEWERTH HENRY JEWETT SUSAN JOHNSON CHARLOTTE JOHNSON GARY JOHNSON GERALD JOHNSON LUCIA JOHNSON HOLLY JONES MARGIE JONES CHRISTINE JORGENSON DARLETTE JUST MARY JUST PHILLIP KAEDER PATRICIA KAESS MIKE KAHN JAMES KAHN CARRIE KAMBEITZ BERNETTA KENNELLY BETTY Wednesday, August 11, 2004 Page 4 of 9 ~a LAST NAME FIRST KIEMELE MELINDA KIRCH LOUANN KIVI DEANNA KLANG SHIRLEE KLINGNER GINNY KLINGNER BILL KOHN CINDY KREHL RHONDA KREITZ ALICE KRISNIK YVONNE KROGSTAD JUDEE KRUGER REBECCA KULLER ABBEY LABOUNTY CHRISTINE LAGUIRE JANICE LANDGREBE CYNTHIA LANE MARIE LAPLANTE JOHN LEE DAISY LEEAN DON LEIBEL ARLENE LEMAY RICHARD LEWIS SHARON LIEBENOW CAMERON LIEBENOW LUELLA LIGHT LAURIE LOUIS CHARLEEN LUCIANO ZENAIDA MACKEY BETTY MANKE JO ANN Wednesday, August 11, 2004 Page S of 9 C)/ LAST NAME FIRST MARCH BARBARA ANN MARKEE WAYNE MARKO LINDSAY MART KIM MART SHIRA MATTSON RICHARD MAWK JOHN MAYERS AL MCCOY MARY MCGUIRE MARY MCLAUGHLIN LAVERNE MCNEARNEY REGINA MECKLEY ROBERT MILLER SHARON MIRICK ZELLA MORRISON KENNETH MORTELL KATHARINA MUNDALL JUDY MUNSON RUTH MYERS CHRISTINE NELSON JUDITH A NICOLAY RICHARD NIESE ANGELA OHM ELDORIS OLSON DOUGLAS OPRIS DOROTHY PASKETT JIM PATNODE JIM PATTNI KATHY PAUL PATTI Wednesday, August 11, 2004 Page 6 of 9 C LAST NAME FIRST PEARSON DARLENE PENNINGTON LAKENYA PETERSON JUDY PETERSON JANE PFEIFER CARLA PHILLIPS CHARLEEN PILNEY MARY PORTER MARILYN PUDELL DEB RAMSEY BETTY RASK PAT REISDORFER KATHY REMISH SALLY RESTAD ARLEN REYMANN PAT RICKE PATRICIA RIEGER LORRAINE ROHLAND BOB RONN LILA ROSS BETTY RUZICKA MARTIE SAIMA JUDY SAMES KAREN SCHMIDT BARB SCHMITZ PAMELA SCHRIBER ANDREW SCHWARTZ MELISSA SCHWARTZ BEVERLY SEKTNAN DONALD SEVERSON JODY Wednesday, August 11, 2004 Page 7 of 9 3 LAST NAME FIRST SEXTON MICHAEL SHEARON MARY SHEGGEBY CAROL SHEPHARD JUDY SHUMER SUSAN SHUMER ROB SIMPLOT JOHN SIROTIAK ANDREW SKLUZACEK TED SMITH NANCY I SORENSON SEDONIA (SID) SQUIERS PHYLLIS STAMBAUGH CHAD STEVENS JANET STEVENS DONALD STRUBLE DAWN SWEDEAN DICK SWEDEAN JOYCE TAYLOR CEYLON TEICH JANE THOMAS ANN TIEDEMANN JAMIE TILLEY KATIE TREMPER VICKI TWEDT SARAH TYRE ROYCE UECKER KAREN USELMANN JOAN VANDYCK LOIS VARGHESE SHAM Wednesday, August 11, 2004 Page 8 of 9 LAST NAME FIRST VASATKA ALEX. VIERRA BILL VIHOVDE CAROL VIHOVDE FRED VIMR ROSE VOGEL BOB VOSSEN BETTY WAND JOHN WAND DELLA WANDERSEE KAY WASHINGTON MARY WATTS LINDA WEISE SHARON WEMETH DARREN WENSMANN NEVA WERT SANDRA WESTBROOK MAVIS WILSON TERESA WISNEW FRANK WRIGHT VICKI Wednesday, August 11, 2004 Page 9 of 9 September 14, 2004 - Absentee Judges (Primary) LAST NAME FIRST FLOOD KAREN HAZEL KIM Aeftae"- Prof PEDERSON MARYJANE PERIN RUTH TUMINI CAROL ZINCK JACKIE Thursday, August 12, 2004 Page i of 1 Agenda Memo August 17, 2004 CONSENT AGENDA: G. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. FACTS: Faithful Shepherd Catholic School has requested a temporary on-sale liquor license be issued to them for a fundraiser planned for September 25, 2004. The fundraiser is the first annual "Septemberfest", which is being held to raise money for the operation of the school. • The application form has been submitted and deemed in order by staff. Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Letter and security plan enclosed without page number. a Agenda Memo August 17, 2004 Consent Agenda: WASTE HAULER CONTRACT WITH BFI WASTE SYSTEMS ACTION TO BE CONSIDERED: Approve waste hauler contract with BFI Waste Systems for a period of five years, ending on August 31, 2009. FACTS: • BFI is the current contract holder and the existing contract will expire on August 31, 2004 • There were four bidders on the contract with BFI submitting the lowest bid • The facilities covered under this contract are the Municipal Building and Police Department, Fire Administration, Maintenance, Cascade Bay, Civic Arena, Gun Range, Northview Park, Lexington - Diffley Park and the five Fire Stations. ATTACHMENTS: None Agenda Memo August 17, 2004 Eagan City Council Meeting Consent Agenda I AUTHORIZE ADVERTISEMENT OF REQUEST FOR PROPOSAL FOR PARK, RECREATION, AND OPEN SPACE VISION PLANNING SERVICES ACTION TO BE CONSIDERED: Authorize advertisement of Request for Proposal for Park, Recreation, and Open Space Vision Planning Services FACTS: • On June 1, 2004, Council approved the 2004 CIP, which included funds for updating the Parks Master Plan. • An advertisement would be placed in the newspaper of record, the Dakota County Tribune. This would fulfill the legal requirement to advertise for contractual services above a certain financial threshold. In addition, an advertisement would be placed on the League of Minnesota Cities web site. • The purpose of the RFP is to find a qualified park systems planner to assist the City of Eagan in a study and completion of the 20/20 Park, Recreation, and Open Space Vision Plan. • This plan would serve as a guide for the future of the parks system; it would provide more contextual planning and guide future service efforts rather than serving as an in- depth site analysis or resource inventory. • Proposals would be due September 22, 2004. The selected firm is anticipated to go before the Council on October 19, 2004 for approval. ATTACHMENTS: • None aq Agenda Information Memo August 17, 2004 Eagan City Council Meeting J. CONTRACT 04-04, LEXINGTON AVENUE - TH 55 TO LONE OAK ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the contract for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street Improvements) with Max Steininger, Inc., for the Base Bid in the amount of $1,289,124.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-04 provides for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection and the rehabilitation of Lexington Avenue (County State Aid Highway 43) between TH 55 and Lone Oak Road. • The City of Eagan is the lead agency in partnership with the Dakota County Transportation Department and Minnesota Department of Transportation (MnDOT) in the proposed reconfiguration of the Trunk Highway 55 intersection and resurfacing of Lexington Avenue. • The proposed TH 55/Lexington Ave/Blue Gentian Road intersection improvements are in conformance with the Alternative Urban Areawide Review (AUAR) completed for the Grand Oak Business Park in 1998 and recently updated. • On May 18, 2004, the Council approved the plans for Contract 04-04 and authorized the advertisement for solicitation of competitive bids. • At 10:30 a.m. on August 12, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Max Steininger, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page .3~ 30 city of eagan LEXINGTON AVENUE / BLUE GENTIAN ROAD ROADWAY AND INTERSECTION IMPROVEMENTS PROJECT NO. 859 / 877, CONTRACT NO. 04-04 CITY OF EAGAN, MINNESOTA S.P. No. 1909-85 S.A.P. Nos. 19-643-02 / 19-643-03 / 195-020-07 / 195-020-09 / 195-121-02 Bid Date: Thursday, August 12, 2004 Bid Time: 10:30 a.m. Contractor Base Bid 1) Max Steininger, Inc. $1,289,124.00 2) Bituminous Roadways $1,311,979.25 3) McNamara Contracting $1,392,318.41 Low Preliminary % Engineer's % Base Bid Report Deviation Estimate Deviation Lexington Avenue / Blue $1,289,124 $1,386,764 -7.04% $1,279,800 +0.73% Gentian Road Roadway - Project 859 / 877 A straightforward construction project and reasonable schedule has produced desirable bids for Contract 04-04. The proximity of the actual bid to the Engineer's Estimate indicates unit prices that conform to typical market prices. 31 Agenda Memo August 17, 2004 CONSENT AGENDA: K. ADOPT REVISED BURNSVILLE EAGAN COMMUNITY TELEVISION ACCESS RULES ACTION TO BE CONSIDERED: To adopt the revised BECT Access Rules minus section 5.10 regarding political programming. FACTS: • At the August 10, 2004 Special City Council meeting direction was given to place the balance of the revised Burnsville Eagan Community Television Access Rules on the August 17, 2004 Consent Agenda. • The updated rules reflect mostly clerical changes and current job titles. • However, a revised section 5.10 regarding candidate provided political programming on BECT is not adopted and discussions continue to resolve acceptable language between Eagan and Burnsville. • Under the joint powers agreement, it is understood that until revised language for section 5.10 is approved by both the Eagan and Burnsville city councils, that the existing language under the previous access rules will control. • Copies of the revised access rules were provided to the Council previously in the August 10, 2004 and the July 13, 2004 Council packets and are therefore not included here. A copy can be made available by contacting Administrative Secretary Mira McGarvey. JaZ Agenda Memo August 17, 2004 L. KENNERICK 2ND ADDITION CITY PROJECT NO. 03-H ACTION TO BE CONSIDERED: Approve the extension of the development contract for Kennerick 2nd Addition (City Project No. 03-H) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City of Eagan entered into a development contract with the developer of the single- family subdivision on August 19, 2003. • Brian Thorson, Thorson Homes, Inc., has requested the extension of the time stated in the development contract for placement of the bituminous wear course to October 15, 2004. The developer wishes to place the bituminous wear course after the house construction in the subdivision has been completed for this construction season. Currently, only two houses in the 17-lot development are under construction. • The Public Works Department has found all terms to be in order for favorable Council action for extension of the development contract. 22 Agenda Memo August 17, 2004 M. PROJECT 03-A, CENTENNIAL RIDGE ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 03-A (Centennial Ridge Addition - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Centennial Ridge Addition is a single-family subdivision constructed south of Diffley Road and east of Johnny Cake Ridge Road in central Eagan. This development required the construction of public storm sewer, storm pond construction, sanitary sewer, and water main performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 3~ Agenda Memo August 17, 2004 N. PROJECT 03-J, SIENNA WOODS ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 03-J (Sienna Woods Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Sienna Woods is a single-family subdivision constructed south of Cliff Road and west of Dodd Road in southeast Eagan. This development required the construction of public streets, storm sewer, storm pond construction, sanitary sewer, and water main performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 3s~ Agenda Memo August 17, 2004 0. PROJECT 03-K, PINEY WOODS ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 03-J (Piney Woods Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Piney Woods is a single-family subdivision constructed south of Cliff Road and east of Dodd Road in southeast Eagan. This development required the construction of public streets, storm sewer, storm pond construction, sanitary sewer, and water main performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 210 Agenda Memo August 17, 2004 P. LOT 4, BLOCK 5, PINES EDGE 1sT ADDITION (539 WHITE PINE WAY) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement on Lot 4, Block 5, Pines Edge 1" Addition (539 White Pine Way) and schedule a public hearing to be held on September 21, 2004. FACTS: • On August 6, 2004, City staff received a petition from Christy Fodor, 539 White Pine Way, requesting the vacation of a portion of the existing drainage and utility easement on Lot 4, Block 5, Pines Edge 1St Addition, south of Cliff Road, west of Dodd Road. • The drainage and utility easement was originally dedicated as part of the Pines Edge 1St Addition plat for storm water runoff purposes in the rear of the yard. • The purpose of the request is to vacate a portion of the easement to allow the construction of a swimming pool on the property. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Agenda Memo August 17, 2004 0. PROJECT 893, DIFFLEY FRONTAGE ROADS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 893 (Diffley Frontage Roads - Street Overlay) and schedule a public hearing to be held on September 21, 2004. FACTS: • Project 893 provided for the bituminous overlay of the Diffley Frontage Roads, between Rahn Road and Diamond Drive. • This project, constructed under Contract 04-02, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 13% less than the estimate contained in the feasibility report presented at the public hearing held on September 2, 2003. 3Fl Agenda Memo August 17, 2004 R PROJECT 895, LAKE PARK SHORES/ THOMAS LAKE ADDITIONS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 895 (Lake Park Shores/ Thomas Lake Additions - Street Overlay) and schedule a public hearing to be held on September 21, 2004. FACTS: • Project 895 provided for the bituminous overlay of the streets within the Lake Park Shores/ Thomas Lake Additions, including Lake Park Drive, Lake Park Court, and Lake Park Circle. • This project, constructed under Contract 04-02, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. ~9 Agenda Memo August 17, 2004 S. PROJECT 896, LAKESIDE ESTATES FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 896 (Lakeside Estates - Street Resurfacing) and schedule a public hearing to be held on September 21, 2004. FACTS: • Project 896 provided for the bituminous overlay of the streets within the Lakeside Estates, north of Cliff Road, east of Dodd Road. The street resurfacing and associated minor utility adjustments were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 04-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are slightly more than the estimate contained in the feasibility report presented at the public hearing held on December 1, 2003. ~40 Agenda Memo August 17, 2004 T. PROJECT 897, WILDERNESS PARK 2N" & 3RD ADDITIONS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 897 (Wilderness Park 2"d and P Additions - Street Resurfacing) and schedule a public hearing to be held on September 21, 2004. FACTS: • Project 897 provided for the bituminous overlay of the streets within the neighborhood of the Wilderness Park 2"d and 3`d Additions, north of Wilderness Run Road, west of Lexington Avenue. The street resurfacing and associated minor utility adjustments were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 04-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are slightly less than the estimate contained in the feasibility report presented at the public hearing held on December 1, 2003. Agenda Information Memo August 17, 2004 Eagan City Council Meeting U. FINAL SUBDVISION (WOODLAND PLACE) - EPIC DEVELOPMENT. ACTIONS TO BE CONSIDERED: To approve a Final Subdivision of 6.3 acres to create 15 single family lots (Woodland Place Addition) on property located at 630 and 660 Cliff Road in the NW 1/4 of Section 36. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • On February 17, 2004 the City Council approved a Preliminary Subdivision (Woodland Place) to create 14 single family lots. • Upon subdivision, the applicant was faced with adverse possession from the property to the south, resulting in the applicant platting the property to the south as Lot 15 of Woodland Place, per City Attorney's direction. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): IL n Final Subdivision on page ~C~ L N O N; N L.Lj Z d N a V ~ JAN JAS 0. a Xg & a 04 uaoo N o ~ is a°Di 2 O ~~r U W I ~ sz 'a 'zz su 'as ax' ril Nr 3u ~ rl ~ Gsr3 _ - - 29'486 3.20.60.OOS WOOL -saws v I I d'~ \ ~av wl zsr3 \ zt ~O I ~ ~ ~ I 'i : ti- ` \ ~ xl, .f as R ! \ m Z9Z9-1 : CL A4.6~9-v I n I ~ I~ I ; .NI AY.Y9-v C6'91-1 6^ ~f4[e~v- c a kW o~ ~.GOZ.ZC-v ~.7jY o I w ha stwi Ko At I . 9G'Y9L M.OI At AOS 99'91-l N z gj m Po'0-1' gd sa ZL AY.tc-v I _ .ti Y .I .-I ~ O I CO t; o. m ~ m o M.a AL oos~ A° ~i '~4'• Qi 4l'89L MAl 9L.005, 4QZ m G: 0r I w °i is13ix7 I I y b. ° b If'[Or N -ZO.Ia~.N N ~p-zhL fl a e A M.OL A1.a05~ I - •;i Yd' 9t'99t M.OL.9L.o0S~ / 1 A 9 god Dd Ri O y I _ U 3 I-9l'99t 3 M. L ATaos I 9p"D g 0r I N n° ac° ~ 9' •4~~ t ~ PtR E~ 0,991 .az 9L°s.c°•t'-vl a I 24°40, 9G dt, 19 Cal; YS~3 z 3 Agenda Information Memo August 17, 2004 Eagan City Council Meeting Consent Agenda V. AUTHORIZE NEGOTIATION OF CONSULTANT CONTRACTS WITH EHLERS AND ASSOCIATES, HOISINGTON-KOEGLER GROUP AND SRF TO PERFORM ASPECTS OF THE NORTHEAST EAGAN LAND USE STUDY ACTION TO BE CONSIDERED: To authorize negotiation of consultant contracts with Ehlers and Associates, Hoisington- Koegler Group and SRF to perform aspects of the Northeast Eagan Land Use Study. FACTS: ➢ Development proposals for the Laukka Beck and Loan Oak Properties were considered at the City Council meetings of May 18, 2004 and June 15, 2004. The applications proposed to change the land use and zoning in a portion of the northeast area of Eagan to permit the development of residential land uses in an area of the City guided and zoned for Office Service uses. The applications raised a number of issues related to the planning designations, policies and assumptions for that area. ➢ In order to more fully consider issues and factors that would help determine whether such a modification would be appropriate or not, the Council adopted a development moratorium ordinance at its meeting of July 6, 2004 for a period of nine months for an area including the proposed development property for purposes of performing a study to assist the Council in making decisions related to the long term planning of that portion of the City. ➢ As a part of the Council action, a list of study topics was identified to be addressed. At its meeting of July 20, the City Council authorized staff to solicit proposals from consultants to address specific aspects of the study. Staff has identified three consultants to focus on specific aspects of the study topics - Ehlers and Associates - Financial, Hoisington-Koegler Group - Land Use and SRF - Traffic. A draft process outline and description of responsibilities for the financial and land use aspects has been prepared and staff is in the process of identifying a similar scope with respect to traffic. Staff is requesting authorization to finalize the scopes of work, receive cost proposals and present that information to the City Council at its meeting of September 7 for authorization to proceed. ATTACHMENTS: (1) Preliminary process outline and description of responsibilities on pages ~S- ~4~1 Northeast Eagan Land Use Study Process Outline August 13, 2004 Overview The City of Eagan has been requested to change the permitted land use for an area within the Northeast Quadrant of the City. Presently the property is planned for commercial uses. The requested change would introduce a substantial area of residential uses in an area in which they have not been planned or anticipated in the past. The City Council has authorized a study to determine if the current land use designation should change, and if so what the appropriate land use should be. A list of the topics the Council directed to be addressed through the study is attached. The Study seeks to answer the following questions: 1. What are the City's current goals and objectives for land use in Special Area 1? 2. How does land use and development in this area relate to the vision for the future of Eagan and broader community goals outlined in the Comprehensive Plan? 3. Given these factors, what criteria should be used to evaluate land use options for the area? 4. What are the physical characteristics, constraints and opportunities that will influence the development of this Area (i.e. traffic, physical infrastructure, image and economics)? 5. What are the options for land use and development in the Area? 6. How do these options fit the goals and objectives of Eagan (applying the evaluation criteria from #3)? 7. What is the preferred land use option? 8. What changes (if any) are needed in city plans, policies and ordinances to achieve the desired result? Process City Staff is currently working with consultants to design a detailed scope of work that will determine the answers to these questions. The planning process will involve the following elements: ➢ A "Work Group" will be established to serve as the steering committee for the process. The Work Group will direct, monitor and evaluate the work of the consulting team. The Work Group provides policy and process direction to the Study. At the discretion of the City Council, the composition of the Work Group may include members of the City Council, the Planning Commission, other boards/commissions, and possibly the general community. It is expected that the Work Group will meet monthly over the life of the Study. ➢ The Work Group will provide specific direction to the consultants regarding detailed study issues as shown in the table below. Northeast Fagan Land (..W Study Process Outline DRAFT-August 13, 2004 Page 2 of 2 ➢ The process will include periodic checkpoint or study status meetings between the Work Group and the City Council. These meetings will be open to the public and will ensure that the results of the study provide the information needed by the City Council for decision-making. ➢ The process outlined above will allow opportunities for the public to learn about the Study and to provide input. The nature and timing of the public participation will be directed by the Work Group and evolve from the development of the scope of work. ➢ It is anticipated that the process will conclude during the first quarter of 2005. A specific timetable will be prepared in conjunction with the scope of work. Issue Resource 1. City services and finances Ehlers/Staff 2. School operations and finances Ehlers 3. County services and finances Ehlers 4. Utility availability and costs Ehlers/ Staff 5. Traffic SRF/ Staff 6. Tax base distribution Ehlers 7. Recreation and open sace HKGI 8. Surrounding land use HKGI 9. Airport noise impact on residential uses HKGI/Ehlers 10. Commercial land use study and its relationship TBD to economic development goals and policies Consulting Team A team of consultants will assist City staff in undertaking the study process. The recommended consulting team consists of ❑ Ehlers & Associates - Municipal finance and service implications ❑ Hoisington Koegler Group Inc. - Land use and community development ❑ SRF Consulting - Traffic These consultants are using their experience from other cities to help City staff in the identification of the process, tasks and costs associated with the Study. Northeast Eagan Study Topics July 6, 2004 through March 30, 2005 • Analysis of the Relationship of Development Alternatives with Existing Development in Special Area #1 - Define a range of potential use alternatives as possible basis for analysis. • Status and Adequacy of the Commercial Land Supply - What is the potential to plan for too much of a particular land use or zoning category? Can you over-saturate a particular use type? • Analysis of Expansion and Development Plans of Major Businesses in the Northeast Area and the Effect on the Availability and Need for Commercial Land - Ecolab Development Plans, Effects of the Airline Industry on NWA Plans, Thomson-West Expansions, Grand Oaks Build Out, Continued Redevelopment of the Hwy 55 Corridor, etc. • Relationship Between Changes in Airport Operations and Aircraft Noise Technology to the City's General Land Use Policies - What kinds of residential are more compatible with aircraft noise? • Fiscal Impact Analysis of Revenues and Costs Associated with Development Alternatives for City, County and School District Services • Impact of Development Alternatives on Demand for Public Safety Services • Impact of Major New Residential Areas on the City's Park Improvement, Maintenance and Programming Capacity • Other revenue and finance issues. • Relationship Between the City's Economic Development Policies and Potential Changes in the Supply of Commercial Land • Extent to Which Mixed Use Alternatives Could Address Other City Priorities - Indoor Recreational Uses, Cultural Activity Areas, etc. • Study of the Installation of an Interchange at 494/Deleware/Argenta Trail - Such a study may need to entail a larger area traffic study to define how development alternatives may affect/complement the proposed roadway improvements identified under the Grand Oak AUAR at Hwy 149 & 494, including the potential need for a north-south connector street between this potential interchange and Lone Oak Rd. (Co. Rd. 26). • Ecological Impacts of Development Alternatives including tree preservation, water quality impacts, etc. • What is the transit future for the Hwy 55 Corridor? • What are Eagan's housing needs in the context of the demographic and market projections developed by the Met Council or other agencies? • How do we involve Inver Grove Heights in the planning discussion? Agenda Information Memo August 17, 2004, Eagan City Council Meeting W. AUTHORIZE ADVERTISEMENT FOR BIDS FOR TWO FIRE APPARATUS REPLACEMENTS (FIRE PUMPER / PUMPER TANKER TRUCKS) AND APPROVE FUNDING SOURCE ACTION TO BE CONSIDERED: To authorize advertisement for bids for two fire apparatus replacements (fire pumper / pumper tanker trucks) and approve the Equipment Revolving Fund - Fund Balance as the funding source. FACTS: • The Eagan Fire Department through its Apparatus Committee is requesting City Council consideration to sell two existing fire apparatus and to purchase two new pieces of equipment. • The request requires modification to the approved 2004 Part II CIP and includes use of funds for equipment originally contemplated in 2005. • The Fire Department has concluded that purchasing the two units at the same time will result in an overall lower cost to the City and with an expected increase in steel prices in October consideration should be given to making the purchase at this time. • Specifications for both proposed units have been prepared and are being reviewed by the City Attorney's Office to ensure compliance with the advertising and bidding laws. • The City Council considered this matter at its special meeting held on August 10 and directed that it be placed on the August 17, 2004 regular meeting agenda for official action. • The City Council directed that the Equipment Revolving Fund - Fund Balance be used as the funding source in addition to proceeds from the sale of two used fire apparatus units and previously allocated funds. ATTACHMENTS: • Attachments were distributed with the special meeting packet. If any member of the City Council would like an additional copy, please contact the Office of the City Administrator. Agenda Information Memo August 17, 2004 X. NORTHERN NATURAL GAS CO. EASEMENT ENCROACHMENT AGREEMENT (CONT. 03-09, NORTH WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve an Easement Encroachment Agreement with the Northern Natural Gas Company for Contract 03-09 (North Water Treatment Plant - Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. • Contract 03-09 provides for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Road, south of Yankee Doodle Road. The purpose of the expansion is to increase the capacity of water available for distribution throughout the City of Eagan. • The City of Eagan owns the site of the Water Treatment Plant at 3501 Coachman Point. However, an easement across said property was granted to Northern Natural Gas Company (NNGC) prior to the City's acquisition of the property. • On July 28, 1983, the City Council executed a Modification and Amendment of Easement Grant limiting the area of NNGC's easement upon the City's parcel, but requiring NNGC approval for any construction activity upon the remnant easement. • Due to minor revisions to the Water Treatment Plant expansion, associated construction activity is now required within the NNGC easement. • An agreement between the City of Eagan and the NNGC has been prepared providing for the construction of the proposed improvements within said easement. • City staff have reviewed this agreement and found it to be acceptable and in order for favorable Council action. 9 Agenda Memo August 17, 2004 Y. CONTRACT 03-09, CHANGE ORDER #6 (WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve Change Order #6 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-09 provides for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Rd. This contract was awarded in July of 2003 and the construction is approx. 75% complete. • Change Order #6 consists of the following items: o Part 1: Add additional grout material to increase the slope of the buried clearwell reservoir to facilitate draining (No Change). o Part 2: Install a concrete curb barrier around the interior treatment cells to protect the treated water (ADD $8,832). o Part 3: Protect existing building footings during excavation of buried clearwell reservoir. (No Change). o Part 4: Remove excessive concrete walls in effluent weir structure. (ADD $5,771) o Part 5: Modify and waterproof a portion of existing brick fagade to accommodate a change in ground elevation (ADD $6,739) o Part 6: Upgrade hardware on Door #257 to emergency exit codes ($2,063) o Part 7: Install floor drains in existing restrooms 220 & 221 (ADD $2,415) o Part 8: Install lintels, hangers and related metal fabrication for doors and windows not covered in specs. (ADD $7,447) o Part 9: Upgrade light and related electrical fixtures in all corrosive environment areas (ADD $85,482) o Part 10: Eliminate plumbing chase access panels in lower level restrooms. (DEDUCT $729) o Part 11: Upgrade HVAC pumps to inverter rating standard (ADD $1,768) o Part 12: Install a concrete stoop at emergency exit door #257 per code (ADD $2,146) o Part 13: Upgrade Circuit Breaker for larger motors in fluid coolers (ADD $1,273) • The costs associated with Part 4 of this change order will be reimbursed to the City by the consulting Engineering firm as a credit on a future services billing invoice due to a design drawing error in the plans. • The net total of this change order is an ADD of $123,207 (0.84%) to the original contract amount ($14,620,958). If approved, the total of Change Orders 1-6 will be $249,970 (1.71%) • All work and costs associated with this change order have been reviewed by the consultant and Public Works Dept. and found to be in order for favorable Council consideration. 550 Agenda Information Memo August 17, 2004, Eagan City Council Z. ADOPT FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL (COMPREHENSIVE GUIDE PLAN AMENDMENT) - WENSMANN HOMES ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for a Comprehensive Guide Plan Amendment to change the land use designation from P, Parks and Recreational Open Space, to LD, Low Density Residential, upon approximately 120 acres of land located south of Yankee Doodle Road and west of Wescott Woodlands in the W 1/2 of Section 14. REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: ➢ At its regular meeting on August 2, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Comprehensive Guide Plan Amendment to be considered at the August 17, 2004, Council meeting. 60 Day Status: Deadline is September 16, 2004. ATTACHMENTS (1): Findings of Fact, Conclusions and Resolution of Denial, pages through S." BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Wensmann Realty to Amend the Land Use Designation of the Comprehensive Guide Plan for the East Half of FINDINGS OF FACT, CONCLUSIONS the NW Quarter and the Northeast Quarter of AND RESOLUTION the Southwest Quarter of Section 14, Township 27, Range 23 from P, Parks, Open Space and Recreation to LD, Low Density Residential This matter came before the Eagan City Council at its meeting of August 2, 2004. The Council received, considered and discussed the recommendation of the Advisory Planning Commission; the Planning Report dated June 17, 2004; input from City staff, evidence from the applicant and residents, together with all existing files, records and prior proceedings involving the property. Based upon all the files, records, input and evidence presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Wensmann Realty (the "Applicant") submitted an application to the City requesting a Comprehensive Guide Plan Amendment to change the land use designation of property legally described as the East Half of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 14, Township 27, Range 23 (the "Property") from P, Parks, Open Space and Recreation to LD, Low Density Residential. 2. The Property is owned by Rahn Family Limited Partnership (the "Owner"). 3. The Property consists of approximately 120 acres. 4. The Property is currently designated as P (Parks, Open Space and Recreation) within the City's Comprehensive Plan. 5. The City's Comprehensive Plan states that the P district provides for public and private parks, open space and recreational facilities. Park, trails, open space, and natural areas, athletic complexes, ice arenas and golf courses are examples of the desires uses. 6. The Property is zoned P (Park District). 7. Under the City Code, permitted uses within the Park district include camping grounds, golf courses, and swimming pools. On-sale beer associated with a golf course club house is an allowed use through the issuance of a conditional use permit. 8. In 1962, pursuant to a request of a previous owner of the Property, the Property was rezoned from Agricultural to P, Public Facilities. Golf courses were permitted uses within the P zoning district. 9. Since 1965, the Property has been used for a golf course. 10. The City's first Comprehensive Land Use Guide Plan in 1974 designated the Property as Golf and identified it as quasi-public. In 1991, as part of a comprehensive revision to the City's Land Use Guide Plan Map, the City amended the designation of the Property to PF, Public Facility. In 2001, as part of the City's update of its Comprehensive Guide Plan, the PF land use designation was eliminated. The three golf courses located within the City, including the Property, were designated P (Parks, Open Space and Recreation). 11. In conjunction with the Comprehensive Guide Plan update in 2001, the City established a zoning district for parks and recreational open space (P, Park District) to correspond with the Comprehensive Guide Plan Land Use Designation of P (Parks, Open Space and Recreation). The three golf courses in the City, including the Property, were designated P. Golf courses are permitted uses within the P zoning district. 12. In 1996, the City considered a petition to amend the Comprehensive Guide Plan from Public Facilities to D-II, Mixed Residential (0-6 units per acre). S-32 13. In March of 1996, the City Council denied the applicant's request. A copy of the Council's Findings, Conclusions and Resolution is attached hereto at Exhibit "A 14. In 1996, following the Council's decision to deny the amendment to the Comprehensive Guide Plan, the Owner acquired the Property. 15. The Owner has continued to operate the Property as a golf course. 16. The Owner approached a developer for sale of the Property, for a use inconsistent with the Comprehensive Guide Plan, prior to obtaining evidence of the viability of the Property for use as a golf course. 17. The Comprehensive Guide Plan identifies 82% of the residential property within the City as being in the LD, Low Density, land use category. 18. Since the late 1990's, the City's housing supply has been a consistent 53% single- family detached and 47% non-single family detached. The City of Eagan currently exceeds the Metropolitan Council's benchmark range of 35% to 38% attached and multi-family units for non- single family detached units. 19. The Property is served by four schools; Glacier Hills Elementary School, Woodland Elementary School, Dakota Hills Middle School and Eagan High School. 20. Enrollment in the middle and high schools currently exceeds capacity and is anticipated to continue to exceed capacity for the next five (5) years. 21. The Comprehensive Guide Plan identifies the City's park system as an interweaving of natural and man-made resources provided to the City's residents through the combined efforts of individuals and organizations (both public and private). 22. Since its first Comprehensive Guide Plan, the City has consistently recognized Carriage Hills, a privately owned, open to public, golf course, as a component of the community's recreational opportunities. 3 Sf 23. An LD land use designation would allow residential development up to a density of four units per acre with no restriction on the type of housing allowed. At maximum density, the Property could accommodate 480 dwelling units. 24. The Property is located within Airport Policy Noise Zone 4 and is adjacent to primary arrival and departure flight paths. The development of residential uses with individual entrances is considered conditional. Conditional residential uses must meet eight land use review factors. 25. Based upon the total number of residential units that may be constructed on the Property, any development would more than likely require an environmental assessment worksheet. 26. Development to the full maximum density allowed could generate 4,800 trips per day from the Property. 27. Development of the Property would require an upgrading of the existing 700 foot rural gravel portion of Wescott Hills Drive, which services the Property and the installation of a traffic light at the intersection of Wescott Hills Drive and Yankee Doodle Road. 28. At its meeting of June 22, 2004, the Advisory Planning Commission held a public hearing and took extensive testimony from representatives of the Owner and Applicant and members of the public. 29. Following the public hearing the Advisory Planning Commission voted unanimously to recommend a denial of the Comprehensive Guide Plan Amendment. The APC's reason for denial are attached hereto as Exhibit "B". 30. Subsequent to the recommendation by the APC, the City received an extensive petition in opposition to the land use amendment. The full petition was provided to the City Council. 4 so'~ 31. Subsequent to a recommendation by the Advisory Planning Commission, the Applicant submitted supplemental information for the Eagan City Council to review. 32. Also, subsequent to the recommendation by the APC, the Owner submitted two studies regarding the market and financial factors associated with the operation of the Carriage Hills Golf Course for the City Council to review. CONCLUSIONS 1. The matter is properly brought before the City Council. 2. The Applicant has the burden of persuasion to convince the Council to amend the land use portion of the Comprehensive Guide Plan. 3. The Applicant has failed to establish that there is an error or mistake in the Comprehensive Guide Plan designation of the Property as P. 4. Applicant has failed to produce sufficient evidence to indicate that the existing Comprehensive Guide Plan designation makes the Property not viable for use as a golf course. 5. The zoning of the Property is consistent'with the Comprehensive Guide Plan. 6. The Property has long been recognized as a recreational facility and 18-hole golf course under the City's Comprehensive Guide Plan and zoning ordinances to the benefit of both the Owner and the City. 7. The existing P, Parks, Open Space and Recreation, designation is in conformance with each of the elements set forth in the Comprehensive Guide Plan. 8. The Property provides an important amenity to the residents of the City of Eagan. 9. The Property provides the benefit of open space, as set forth in the City's Comprehensive Guide Plan. 5 -S56 10. There has not been significant change in circumstances at the Property or surrounding the area since the establishment of a golf course on the Property and the surrounding property has developed in conformance with the Comprehensive Guide Plan. 11. Traffic from residential development on the Property would likely disrupt existing neighborhoods surrounding the site. 12. The City has adequate inventory of property designated as LD, Low Density. 13. Changing the designation of the Property to LD, Low Density, would not enhance the City's goals under its Comprehensive Guide Plan. 14. The integrity of the City Comprehensive Guide Plan is maintained through the retention of the designation of the Property as P, Park, Open Space and Recreation. 15. The Applicant's proposal does not promote the health, safety and welfare of the City and does not benefit the long term interests of the City. 14. The goals of the City's Comprehensive Guide Plan would be better maintained by retaining the P designation for the Property to balance the amount of residential and other types of land use classifications available within the City. 16. The City's zoning ordinance was originally changed at the request of the prior owner of the Property to allow for a golf course. 17. Development of the Property would overly burden the school system serving the Property which already exceeds capacity. 18. A change to the Comprehensive Guide Plan would not meet or better the quality of life for the residents of the City. 19. The present owner of the Property bought the Property with knowledge of the City's commitment to retaining the designation of the Property for golf course purpose. S 20. As recently as 2001, no objections were made to the City's designation of the Property as P (Parks, Open Space and Recreation) in its Comprehensive Guide Plan and recognizing the Property as a golf course. 21. The City Council does hereby adopt the Advisory Planning Commission Commissions reasons for denial of the Comprehensive Guide Plan Amendment. 22. By the greater weight of the record and the information presented, it is determined by the City Council of the City Eagan that an amendment to the Comprehensive Guide Plan is not warranted and that the current use of the Property remains viable. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for an amendment to the Comprehensive Guide Plan to change the designation of the Property from P, Parks, Open Space and Recreation, to LD, Low Density is hereby denied. Dated at Eagan, Minnesota this 17th day of August, 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk 7 Agenda Information Memo August 17, 2004, Eagan City Council Meeting AA. APPROVE TITLE FOR BALLOT QUESTION ON CHARTER COMMISSION ACTION TO BE CONSIDERED: To approve the title, "DECISION ON WHETHER TO CHANGE EAGAN'S FORM OF GOVERNMENT", for the ballot question on the proposed Charter. FACTS: • At the July 19, 2004 regular meeting the City Council approved a resolution directing the question of a proposed City Charter be added to the November 2, 2004 General Election. The wording of the ballot question was approved as specified in State Statutes. • The City Attorney has also determined that Minnesota Rules provide that the City Attorney is required to review and determine that the title accurately describes the question asked. The title must not contain more than ten words. The title, "DECISION ON WHETHER TO CHANGE EAGAN'S FORM OF GOVERNMENT", is the language as prepared by the City Attorney. ATTACHMENTS: (None) Agenda Memo August 17, 2004 BB. APPROVE A LICENSE AGREEMENT WITH ZEIGLER, INC. FOR RIVER VALLEY ACRES SHARED USE ACTION TO BE CONSIDERED: Approve a Land Usage License Agreement with Zielgler, Inc., of Bloomington, MN, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has worked with Zielgler, Inc., of Bloomington, MN, to develop an agreement that will allow Ziegler to occasionally operate/demonstrate construction equipment at the City's River Valley Acres (RVA) Central Services Maintenance storage site. • The City will be allowed to use this sometimes specialized equipment (dozers, etc.) as we need it at no cost to grade and move material at the RVA site to help meet our long range development and ongoing maintenance needs. • The equipment operation on the City property will only be allowed following prior notification, with permission from the City's Central Services Maintenance Managers. • Zielgler shall maintain, in full force and effect throughout the entire agreement, Commercial General Liability and Workers Compensation Insurance as required by the City. • The agreement would be automatically renewable each year subject to either party be able to terminate the agreement at any time with no cost obligations. • This Agreement has been reviewed by the City Attorney's office and Public Works Department personnel and found to be consistent with other past agreements and in order for favorable Council consideration. ,~o Agenda Review August 17, 2004 CONSENT AGENDA CC. Lawful Gambling Permit - Faithful Shepherd Catholic School ACTION TO E CONSIDERED: Adopt a Resolution Approving a Lawful Gambling Permit for Faithful Shepherd Catholic School to hold a raffle at 3355 Columbia Drive on September 25, 2004. FACTS: • Faithful Shepherd Catholic School has submitted an application to the State of Minnesota for an Exempt Permit to hold a raffle at the school on September 25, 2004. • Staff has reviewed the application and deem it in order for approval. ATTACHMENTS: / • A copy of the proposed Resolution is attached as page number / eZ . RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHEREAS, the Faithful Shepherd Catholic School has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Faithful Shepherd Catholic School to conduct a raffle on September 25, 2004 at 3355 Columbia Drive in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: August 17, 2004 CERTIFICATION 1, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of August, 2004 Maria Petersen, City Clerk 6 Agenda Memo August 17, 2004 City Council Meeting CONSENT AGENDA: DD. APPROVE CITY OF EAGAN PROCLAMATION/RESOLUTION POLICY DIRECTION TO BE CONSIDERED: To approve the City of Eagan Proclamation/Resolution Policy BACKGROUND: • Per the request of the Council at the July 13 Special City Council Workshop, the draft policy pertaining to the consideration of proclamations/resolutions was further discussed by the Council at the August 10 Special City Council workshop. • The policy was modified at the request of the Council and states that the City Council will only consider proclamations and resolutions that pertain specifically to City of Eagan local government service delivery. ATTACHMENTS: • Attached on pag~ is the proposed City of Eagan Proclamations/Resolutions Policy. o13 City of Eagan Policy August 17, 2004 CONSIDERATION OF PROCLAMATIONS / RESOLUTIONS 1. PURPOSE AND NEED FOR THE POLICY The City of Eagan receives numerous requests over the course of the year to approve resolutions and proclamations to promote or honor various public and private organizations and causes. It is the view of the City Council that the City must be consistent in its practice of considering resolutions and proclamations. II. POLICY It is the policy of the City of Eagan that the City Council will only consider proclamations or resolutions that pertain specifically to City of Eagan local government service delivery. Such consideration of resolutions and proclamations pertaining to City of Eagan local government service delivery will take place at regularly scheduled City Council meetings and will be included on the City Council meeting agenda. III. RESPONSIBILITY The City Administrator will have the responsibility of reviewing requests for proclamations and resolutions to determine if there is a direct correlation to local government service delivery. If the resolution does pertain to City of Eagan local government service delivery, the City Administrator shall include the proclamation or resolution on a regular City Council agenda. The final decision on whether to approve a proclamation or resolution ultimately lies with the City Council. IV. AUTHORITY The City's "Consideration of Proclamations/Resolutions Policy" was authorized by the City Council at the August 17, 2004 Regular City Council meeting. Date of Approval: August 17, 2004 Approved: (Mayor) 6 Agenda Memo August 17, 2004 City Council Meeting NEW BUSINESS: EE. AUTHORIZE THE SOLICITATION OF REQUEST FOR PROPOSALS FOR CONSULTING SERVICES TO CONDUCT AN INTERNAL ORGANIZATIONAL STUDY. DIRECTION TO BE CONSIDERED: To authorize the solicitation of request for proposals for consulting services to conduct an internal organizational study. BACKGROUND: • Per the direction of the Council at the June 28, 2004 Special City Council retreat, the City's Senior Management Team has been in ongoing discussions regarding the scope of an organizational study to best position the City, particularly in light of the recent retirement of the City's Parks and Recreation Director and the pending retirement of other senior level staff positions. • A committee of the Senior Management Team was established to identify the goal of the organizational study and to prepare the scope for the RFP. • The goal of the proposed organizational study is to provide a roadmap to the City of Eagan on the appropriate organizational model, staffing, and service delivery to best meet the current and future needs of the community, recognizing the constrained fiscal environment in which the City operates. • In addition to the scope of the organizational study, the final RFP will also include background on the City of Eagan, including the current organizational structure. • As the enclosed timeline indicates, it is proposed that the RFP solicitation begin immediately in order that final recommendations can be made to the City by the end of November. ATTACHMENTS: • Enclosed on pages through 0a is the proposed scope and timeline for the organizational study. • Per past practice, the full RFP is no included, but is available from the Office of the City Administrator if desired by any member of the City Council. 45- ORGANIZATIONAL STUDY PROJECT SCOPE Goal of Organizational Study: To provide a roadmap to the City of Eagan on the appropriate organizational model, staffing, and service delivery to best meet the current and future needs of the community, recognizing the constrained fiscal environment in which the City operates. Requirements for Consultant Services: 1. Thorough knowledge and understanding of local government operations and practices, including an understanding of General Fund Operations versus Enterprise Operations. 2. Demonstrated and documented experience in organizational structure and local government service delivery analysis. 3. Ability to dual track the organizational study as a whole with a more focused/detailed study of the Parks and Recreation Department. 4. The ability and willingness to have on-going communications with the City's Senior Management Team and other City staff in order to gain an understanding of the City's current services, culture, and future direction. 5. The ability to connect the final recommendation to the life-cycle of the community. 6. Knowledge of technology opportunities to improve service delivery. Deliverables: 1. Using a "Sim City" approach (i.e. building from the ground up), identify the appropriate level/spectrum of City services that should be provided by the City in Eagan currently, as well as five and ten years into the future. a. Working from the ground up, how could the ideal service delivery be grouped most efficiently for the City to provide services? b. How does the City's existing model of service delivery compare to the recommended "ideal service delivery city"? c. Given the environment in which we currently work, how could the City reach the suggested model? d. If additional resource allocation is recommended, provide options for implementation that take into account the constrained fiscal environment of the City. 2. Provide a summary of the level of services being provided by each department, and determine which services could be centralized and which services could be distributed within individual departments. a. When reviewing which services could be centralized or decentralized, identify the fiscal effect the consolidation or decentralization could have on the City, as well as the effects on current operations. b. When reviewing which services could be centralized or decentralized, identify the effect the consolidation or decentralization could have on customer service. 3. Identify which services are more efficient and effective being done internally, and which services would be best done externally/contracted? a. Explain how internal and/or external services could best fit within the City's organizational model. 4. Provide any other recommendations that could assist the City in attaining the goal of the study. Fee Proposal: Please submit fee proposals in separately sealed envelopes. Timeframe for Completion: Enclosed is a copy of the proposed timeframe for the study, which is provided solely as a guide. Any deviation considered in the response to the RFP must be noted. Proposed Organizational Study Timeline* Date Ste in Process August 17, 2004 City Council Meeting City Council approves RFP for consulting services August 18, 2004 Distribution of RFP and begin advertisement of RFP September 1, 2004, 2 p.m. at Eagan City Pre Proposer Conference Hall September 16, 2004 Deadline to submit proposals September 16-30, 2004 Senior Management Team and/or Committee interviews consultants that submitted pro osals October 5, 2004 Regular City Council City Council approves consultant per the meeting recommendation of the Senior Management Team October 6, 2004 Notice to Proceed issued to selected consultant November 5, 2004 Consultant submits preliminary recommendation on both the organizational study as a whole and on the more detailed study of the Parks and Recreation department November 30, 2004 Consultant submits final report to the City. *The proposed schedule is provided solely as a guide. The schedule can be further discussed once a consultant is selected and has the opportunity to discuss his/her recommended time frame with the Senior Management Team. V Agenda Memo August 17, 2004 City Council Meeting CONSENT AGENDA: FF: APPROVE JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY LIBRARY BOARD AND THE CITY OF EAGAN FOR LIBRARY ACCESS TO THE INSTITUTIONAL NETWORK. ACTION TO BE CONSIDERED: Approve Joint Power Agreement between the Dakota County Library Board and the City of Eagan for Library access to the Institutional Network. FACTS: It is the mutual desire of the City of Eagan and the Dakota County Library Board that Wescott Library located at 1340 Wescott Road, Eagan, Minnesota, be connect to the Burnsville/Eagan Institutional Network (INET) access point located in the Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota, for the purpose of enabling Wescott Library to be connected to the INET for high-speed access to Dakota County and other government agencies services. ATTACHMENTS: Attachment in pages through is a copy of the proposed Joint Powers Agreement. CJ JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY LIBRARY BOARD AND THE CITY OF EAGAN FOR LIBRARY ACCESS TO THE INSTITUTIONAL NETWORK THIS AGREEMENT is entered into between the Dakota County Library Board, hereinafter referred to as "Library Board" and the City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55122, hereinafter referred to as "the City". Both Members to this Agreement are units of government responsible for providing governmental services pursuant to Minnesota Statutes within their respective jurisdictions. Under Minnesota Statutes, Section 471.59, subd.1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting Members, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unit; and WHEREAS, it is the mutual desire of the City and Library Board that Wescott Library, located at 1340 Wescott Road, Eagan, Minnesota, be connected to the Burnsville/Eagan Institutional Network (hereinafter referred to as "INET") access point in the Eagan City Hall, located at 3830 Pilot Knob Road, Eagan, Minnesota (hereinafter referred to as "City Hall"), for the purpose of enabling the patrons of the Wescott Library to be able to participate in high-speed access to Dakota County and other government agencies services through the INET (hereinafter referred to as the Library INET connection); and WHEREAS, the City adopted Franchise Cable Ordinance No. 287 on December 20, 1999 which granted a franchise to MediaOne North Central Communications Corporation (now known as "Comcast") to construct, operate and maintain a cable system in the City of Eagan for the purpose of providing cable service and access to INET for government uses in Eagan. Under the:franchise ordinance, Comcast is responsible for maintenance of the fiber-optic cable that is installed in the network and the Wescott Library is listed as an INET facility in Exhibit A to said Ordinance, the I-Net Site List; and WHEREAS, it is the Members understanding and belief that the installation and operation of the Library INET connection is subject to said Franchise Cable Ordinance No. 287. WHEREAS, the scope and purpose of this Agreement is to provide for the installation, support and maintenance of the above described Library INET connection during the term of its useful life. NOW, THEREFORE, the undersigned governmental units in the joint and mutual exercise of their powers, agree as follows: 1. TERM 1. Term. The Term of this Agreement shall begin on the date of execution of this Agreement and shall remain in full force and effect for the same time period the City Franchise Cable Ordinance No. 287 is in effect, unless extended or sooner terminated hereunder. At the end of the term of this Agreement each Member shall retain sole ownership of all portions of the Library INET connection system located on their respective sites and of portions of the Library INET connection system provided by each Member off of their respective sites, subject to the rights and responsibilities of Comcast regarding such property as provided in the City Franchise Cable Ordinance No. 287, including Section 3, paragraph 8 of such ordinance. II. DUTIES OF CITY 2. The City will designate the Wescott Library as an additional subscriber to the IN ET, pursuant to SECTION 7.9 (c) of the City Franchise Cable Ordinance NO. 287, and direct Comcast to install and test the fiber-optic cable and other necessary equipment to allow connection of the Wescott Library to the INET from its City Hall facility (hereinafter the Library [NET connection), and in compliance with the City Franchise Cable Ordinance NO. 287, City Ordinance No. 350 Public Right of Way Regulations, and all other applicable laws, rules and regulations. IM-C III. DUTIES OF LIBRARY BOARD 3. The Library Board will reimburse the City for the actual cost to install such fiber-optic cable and other necessary equipment for the Library INET connection, which cost has been estimated by Comcast to be Eight Thousand Two Hundred Eighty and no/100 Dollars ($8,280.00), as described in Exhibit A attached hereto and incorporated herein. The Library Board will pay the City of Eagan for such costs within thirty (30) days of receiving an invoice from the City itemizing the amounts owed by the City of Eagan to Comcast to install the cable connection for the Library INET connection. 4. The Library Board will provide the necessary equipment within the Library for use of the Library INET connection and any necessary equipment required in City Hall that is not supplied by Comcast. 5. The Library Board is responsible for maintenance and repair costs directly attributable to the Library INET connection, which are not included in the maintenance provided by Comcast pursuant to Franchise Cable Ordinance No. 287. The Library Board will reimburse the City of Eagan for such costs within thirty (30) days of receiving an invoice from the City itemizing the amounts owed by the City of Eagan to Comcast for such maintenance and repair costs. IV. MISCELLANEOUS 6. Data Security a. The fiber-optic cable Library INET connection will not be connected to any City of Eagan equipment but rather directly to the existing INET node located within the Eagan City Hall. b. Industry standard methods will be used to separate Library data from all other data to ensure that Library data will not be mixed with other entities on the INET and that the Library will not have access to any other entities data unless expressly permitted. c. Management of the INET connection will be coordinated between the Burnsville/Eagan Cable Commission, Comcast, designated support staff, Dakota County Information Technology, Dakota County Library Technology Department, and the Dakota County Library Board. The Library will be informed in advance of changes affecting the Library. 7. The Library Board hereby grants to the City of Eagan and to Comcast a continuing License for property access, as reasonably needed from time to time, for the installation and maintenance of the Library's cable connection to the INET and for remote support of the installed equipment for the Library INET connection, which License shall remain in effect for the duration of this Agreement, and as more fully described in Exhibit B attached hereto and incorporated herein. 8. The City of Eagan hereby grants to the Library Board a continuing License for property access, as reasonably needed from time to time, for the installation and maintenance of the Library's cable connection to the INET and for remote support of the installed equipment for the Library INET connection, which License shall remain in effect for the duration of this Agreement, and as more fully described in Exhibit B attached hereto and incorporated herein. 9. The City and Library Board shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement and to the facilities, programs and staff for which each Member is responsible. 10. Violations. Any violation of such laws, statutes, ordinances, rules, or regulations, as well as a violation of the terms of this Agreement or a loss of any applicable license or certification by a Member to this Agreement shall constitute a material breach of this Agreement, and shall entitle the other Member to terminate this Agreement upon delivery of written notice of termination to the offending Member. Notwithstanding any other provision of this Agreement, such termination shall be effective as of the date of such violation, failure or loss. 11. Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in the State of Minnesota. 2 '2/ 4~ 12. This Agreement is the final expression of the agreement of the Members to this Agreement and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. In the event of a conflict between any provision(s) of this Agreement and any provision(s) contained in any exhibit attached hereto, the provision(s) of this Agreement shall control. This Agreement may be signed in counterparts, each as effective as the original. 13. Neither Member may assign any of its rights or obligations under this Agreement without the prior written consent of the other Member. No change or modification of the terms or provisions of this Agreement shall be binding unless such change or modification is in writing and signed by all Members of this Agreement. 14. Liaison. To assist the Members in the day-today performance of this Agreement and to ensure compliance with the specifications and provide ongoing consultation, a liaison shall be designated by the Library Board and the City. The Members shall inform the other, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are the designated liaisons: City Liaison: Kristi Peterson Library Board Liaison: Michael Turbes Phone number: (651) 675-5092 Phone Number. (651) 688-1570 15. The recitals in the WHEREAS paragraphs above are incorporated into this Agreement by the Members and are agreed to be true. 16. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to the installation of the fiber optic cable pursuant to this Agreement are subject to the examination, duplication, transcription and audit by the each member herein and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. Each member agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. pproved a,ss,,tto form: DAKOTA COON -IBRARY ssistant County Attomey/Date By Ke neth Behrinc~ r Director of the D County Library Date of S' nature'erc;- By 4 Z' Chairperson of the Dakota County Library Board Date of Signature o CITY OF EAGAN By Pat Geagan Mayor Date of Signature Attest Maria Petersen Clerk Date of Signature k/03103427 LIBRARY INET AGREEMENT 23 Exhibit # Ccomcast CW`as' Cable ricatioru, Inc, 10 Ricer Park Plaza laza St Paul, MN 55107-1219 Kathi Donnelly-Cohen Director- Government Relations (651) 493-5281 (651) 493-5288 - FAX May 19, 2004 Mr. Michael Bradley Creighton Bradley and Guzzetta 950 US Bancorp/Piper Jaffrey Plaza 444 Cedar Street St. Paul, MN 55101 Re: Fiber Quotes for Bumsville/Eagan Properties Dear Mike: As per our conversation, Comcast is proposing to build a 6-count fiber between the Westcott Library and the splice case located at City Hall. The estimate for this work is $8,277.39. The cost has been reduced due to your agreement that Comcast is able to utilize 2 fibers of the 18-count fiber that is currently at the city hall. The estimate to construct fiber to the Burnhaven Library has been reduced to $15,000 with the understanding that we are bale to utilize 2 of the 18-count fibers at the fire hall. . When the City/County is prepared to proceed with this project, please have them respond in writing as well acknowledging the cost estimates. Comcast will invoice the City at the completion of the construction and as per the original fiber construction agreement, anticipate payment within 30 days of invoice. If you have any questions on this mater, please do not hesitate to contact me. Sincerely, Kat onnelly-Cohen Cc: Scott Melter Jim Nyberg Duane Carlson 1~3 Exhibit B JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY LIBRARY BOARD AND THE CITY OF EAGAN FOR LIBRARY ACCESS TO THE INSTITUTIONAL NETWORK Planned fiber-optic cable installation between the Dakota County Library Wescott Branch and Eagan City Hall. The cable is to be installed by Comcast. Beginning at the Comcast splice point in the Eagan City Hall the cable will take the most direct route east through the building exiting on the east side of the Eagan City Hall. From that point the cable will be buried at Comcast's standard installation depth continuing east under Civic Center Drive to a point next to the main entrance on the north side of the Wescott Library. At this point the cable will enter the building using an existing conduit and continue inside the building to the telephone wiring closet where it will be terminated. Kristi Peterson will coordinate final cable routing within the Eagan City Hall and across City of Eagan property. Mike Turbes will coordinate final cable routing within the Dakota County Library Wescott Branch and across the Library property. The cable route will take the most direct and economical route. An "as built" plan will be created to document the location of the cable for both the City of Eagan and the Dakota County Library. Agenda Information Memo August 17, 2004 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - WAYNE ANDERSON ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to allow a 2-foot encroachment into the required 30-foot setback from a public right-of-way for Lot 3, Block 5, Coachman Land Co. 2°d Addition (3150 Farnum Dr, Unit A). REQUIRED VOTE FOR APPROVAL • Majority of Council members present FACTS: • The subject lot and corresponding townhome (quad) unit was platted and constructed in 1983 as part of the Coachman Land Co. Additions. • A 6 x 21-foot deck was removed from the subject unit as part of an ongoing maintenance project throughout the townhome development. Several of the units in the area are under going exterior improvements including new siding, decks, porches and railings. • The applicant is proposing to replace the deck and expand its width from 6 feet to 10 feet. The expansion would encroach 2 feet into the required 30-foot setback from Farnum Road. • Most of the proposed deck will be located within the common area of the Four Oaks Court Association. A letter of approval for the deck expansion was received as part of this application. • The applicant believes the size of old deck was largely unusable and would like to make it easier for his mother, who is restricted to a motorized wheel chair and occasionally stays with him, to move freely from the house to the deck without assistance. 60 DAY AGENCY ACTION DEADLINE • September 19, 2004 ATTACHMENTS (1): Planning staff report, pages to Ky Neighbor correspondence on page PLANNING REPORT CITY OF EAGAN REPORT DATE: August 9, 2004 CASE: 09-VA-11-07-04 APPLICANT: Wayne Anderson HEARING DATE: August 17, 2004 PROPERTY OWNER: Wayne Anderson APPLICATION DATE: July 21, 2004 REQUEST: Front Yard Setback Variance for Deck PREPARED BY: Erik Slettedahl LOCATION: 3150 Farnum Drive COMPREHENSIVE PLAN: MD Medium Density Residential (4-12 units/acre) ZONING: R-3 Residential Townhouse SUMMARY OF REQUEST The applicant is requesting a Variance to allow a 2-foot encroachment into the required 30-foot setback from a public right-of-way for Lot 3, Block 5, Coachman Land Co. 2nd Addition in the NW `/a of Section 9. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, 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 result 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 Code. c. That special conditions or circumstances do not result from actions of the applicant. O~6 Planning Report-Anderson Variance August 17, 2004 Page 2 of 4 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. 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 same zone. CODE REQUIREMENTS City Code section 11.60, Subd. 8, E. requires a 30-foot setback from public rights-of-way for all buildings, structures, or improvements. BACKGROUNWHISTORY The subject lot was approved in 1983 under the Coachman Land Co. 2nd Addition. The 2nd Addition was phase 2 of the original Coachman Land Co. Addition approved in 1981 and appears to be subject to the original plat's conditions of approval. The plat allowed individual lots to be platted together to accommodate individual ownership of quad style townhome units. Although the individual lot pads are setback 20 feet from the public right-of-way, it appears the development still retains the required 30-foot setback from the public right-of-way for structures within the phase 2 development. The development was also approved for 6-foot wide decks constructed on the sides of most units.that extend into the common area of the townhome association. The original decks were allowed, by covenant, to encroach into the common area. EXISTING CONDITIONS The subject townhome unit was constructed in 1983 and is the closest unit to the Farnum Drive - right-of-way of the four attached units within Block 5. The subject unit had an attached 6 x 21 foot = - deck located on the west side of the = - = unit that was setback at an estimated 31 feet from the Farnum = - Road right-of-way. The deck has since been removed as part of an ongoing maintenance project Existing conditions with 6' deck removed throughout the townhome Planning Report-Anderson Variance August 17, 2004 Page 3 of 4 development. Several of the units in the area are under going exterior improvements including new siding, decks, porches and railings. All other setback requirements appear to be met. EVALUATION OF REOUEST The applicant is proposing to expand the width of the deck from 6 feet to 10 feet. The expansion would encroach 2 feet into the required 30-foot setback from Farnum Road. Although the deck is attached to the applicant's townhome unit, most of the proposed deck will be located within the common area of the Four Oaks Court Association and a letter of approval from the Homeowner's Association has been provided as part of this Variance application. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the Four Oaks Court Association Board realized the existing decks were somewhat unusable at their current width and has provided homeowner's an opportunity to widen them. The applicant believes the size of his current deck makes it virtually impossible to arrange furniture in a safe and useable way. He also would like to make it easier for his mother, who is restricted to a motorized wheel chair and occasionally stays with him, to move freely from the house to the deck without assistance. The.applicant has also stated that the Association Board has implemented a set of standards to insure quality of appearance in the townhome community; one of the standards states that the units on the same end of the building must maintain a symmetrical look. Without this variance, his adjacent neighbor to the north could not expand his deck as well. SUMMARY/CONCLUSION The applicant is proposing to expand an existing deck that would encroach 2 feet into the required 30-foot setback from a public right-of-way. The deck expansion is requested by the applicant to make the space more usable. It appears that the townhome association has control over the aesthetics and symmetry of the buildings and properties under its control and that the proposed deck will not detract from surrounding properties. ACTION TO BE CONSIDERED To approve a Variance to allow an encroachment of 2 feet into the required 30-foot setback from a public right-of-way for Lot 3, Block 5, Coachman Land Co. 2nd Addition. The following conditions shall 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 J~~ Planning Report-Anderson Variance August 17, 2004 Page 4 of 4 and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be obtained before construction of the deck and the deck must be constructed within standards and requirements of all applicable building codes. Eagan Boundary Location Map i Street Centerline Parcel Area Building Footprint r F ~ a ® ~ 1 a $ e P as P ~ ® ~ & Z d ge. H do, ® P e Mot '0 1" --1 a y D a~ I Sub'ect Site M. y I all ia~ I T' YIN go a-- IT ff" -1 V I OM I IRE a-15 9-j M En / sae 9. a f~ b- Fr cE I IMM 1000 0 1000 2000 Feet Development/Developer. Wayne Anderson Application: Variance Case No.: 09-VA-11-07-0 Map Prepared using ERSI AmView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is currant as of January TOOL. cit of en an THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E v The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Communky Development Department not responsible for errors or omissions. - z. r 4-, _d:• _ 2 ls5. 4- - s s z: _ IM i -.5 V O Z O£'699 M,61,00.0 S ~ a yd w`~.y a "~`~~a.p~, N a' x+ 8 8 N 8. rou I r g Z 5~8 ti a oNq$ a . o. • g • °~w • ° 8 x s : ' r Q - ~ , IIM1 w 9 r 6 qq n a• _ 8 d B P ~ N ~ _ _ g _ x+`P s n R .om •.oox . w .a m •ys s..., 8 x ~ xw~ _ ~p8 Wq^ Pb'~ _--_-____n._.ewp 6.:J,~=os ) ` _ _ M AY ~6~ 3'PoPr4t~y P .iTy`• ; _ _r _ _ _ `5 "71 00'OZZ M„bZ,60.0 N ~ V 38 1zt ` ~ / 'B9 F8/ 41.6 bZ ox.Kagy / eE 91 -3/11 3148 a I N I a` ,0. 3150 3~ ~ I G ripe' ~YTne o CO ~co Q 1 Wayne Anderson Variance Request 0 10 20 40 3150 Farnum Drive Feet N Proposed Deck Location PROJECT DESCRIPTION: To extend my deck from 6' in width to 10' in width. USE: I own a townhouse in the Four Oaks Court Association community. Four Oaks Court Association Boards of Representatives have implemented a set of guidelines and standards to insure the quality of craftsmanship as well as the overall appearance of the community. One such standard is that both homeowners on the same end of a building must maintain a symmetrical look in regards to the design and finishes of their respective decks. This means without a variance my neighbor will be denied the opportunity to extend his deck as well. Realizing that the original deck designs were somewhat unusable, The Board of Representative made available to the homeowner's an opportunity to have the width of their decks increased. The decks as built are only 6' in width, making it virtually impossible to arrange furniture in any safe and useable fashion. One more consideration is that my mother is restricted to a motorized wheel chair and on occasion does spend a few days at my home. The present width of the deck prevents her from moving freely from the house to the deck unassisted. If a variance were granted the building of my deck would proceed immediately. ZONING The zoning of this area is R-3 (Residential Townhouse) and behind my building is RD (Research and Development) LOCATION: 3150 Farnum Drive, West end of building facing Farnum Drive. LETTER FROM APPLICANT Qvo ? ~~~~IV~D JUL 2 12004 City of Eagan Minnesota, All forms required by the Four Oaks Court Association has been submitted and approved for the proposed deck extension located at 3150 Farnum Drive. This approval gives permission for the deck located at 3150 Farnum Drive to be expanded on to Four Oaks Court Association property. Stipulations to this approval are as follows: ➢ The proposed deck may not exceed 10' (ten) feet in width ➢ The proposed deck must comply with all state and local building codes The proposed deck must maintain the overall architectural ascetics set forth by the Four Oaks Court Association. Any questions in regards to this project should be directed to Bill Teat project manager (612) 961-9060. Four Oaks Court Association Representatives Robert Vogel: Secretary Duane Bendt: ( Association Vice President ASSOCIATION LETTER -----Original Message----- From: Jennifer Gale [mailto:Jennifer@riverheights.com] Sent: Wednesday, August 11, 2004 3:49 PM To: City Council Subject: Extended deck variance I am writing for your consideration to approve the extended deck variance request for Wayne Anderson at 3150 Farnum Drive in Eagan. The town home complex has been under a remodeling effort for the past year which has cost the home owners a considerable amount of money to add maintenance free siding and new decks that meet the current safety codes. A request to minimally extend the deck at this address was made to the builder by both home owners when the project first started. Upon the removal of the deck, after many months, the builder informed the home owners of the need to get a variance approval from the city council. Because of the lack of communications between the association and the homeowners, the occupants at this location have been without a deck for the summer months this year limiting their time they can spend enjoying their outdoor surroundings in Eagan. Any consideration to expedite this process would be very appreciated. Many thanks, Jennifer Gale, daughter of Bruce Anderson who resides at 3148 Farnum Drive and also included in this request. NEIGHBOR CORRESPONDENCE 8'-~ Agenda Information Memo August 17, 2002 Eagan City Council B. VARIANCE - DEBRA NEWMAN ACTION TO BE CONSIDERED: To approve a 4.2-foot Variance to the established front yard setback of 20 feet to enclose a porch on the front of a single-family dwelling at 1579 Sherwood Way in the SW 1/4 of Section 33. REQUIRED VOTE FOR APPROVAL ➢ Majority of members present FACTS: ➢ Debra Newman is requesting a Variance to the established 20-foot front yard setback to enclose a portion of the existing front porch to create an enclosed entry to the home. ➢ A 10-foot front setback variance was granted with the plat approval for this and several other lots within the Brittany 3`d Addition. Therefore, the approved and established front yard setback is 20 feet. ➢ The front wall of the existing house is set back approximately 23 feet from the front property line and the existing roof line is 15.8 feet from the front property line. One end of the porch roof is supported by a wall extending out from the front of the house. ➢ Since the existing setback for the roof line and front porch is 15.8 feet and the enclosed entry will be the same, a 4.2 foot variance is necessary. ➢ The proposed enclosed area is 10 feet wide and 7 feet deep (70 sq. ft.) and will extend no further than the existing roof line covering the porch. ➢ The plans indicate that the addition will use materials and color to match and complement the existing home. 60 DAY AGENCY ACTION DEADLINE September 25, 2004 ATTACHMENTS (1): Variance Report, pages 99 through g6 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 9, 2004 CASE: 33-VA-12-07-04 APPLICANT: Debra Newman HEARING DATE: August 17, 2004 PROPERTY OWNER: Debra Newman APPLICATION DATE: July 27, 2004 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 1579 Sherwood Way COMPREHENSIVE PLAN: LD, Low Density ZONING: PD, Planned Development SUMMARY OF REQUEST Debra Newman is requesting approval of a variance of 4.2 feet from the required 20-foot front yard setback to enclose a porch on the front of a single-family dwelling at 1579 Sherwood Way in the SW 1/4 of Section 33. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 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 result 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 Code. 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 Debra Newman 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 same zone. CODE REQUIREMENTS City Code Section 11. 60, Subd. 5, E requires a 30 foot front yard setback from local street rights- of-way. City Code Section 11.40, Subd. 4.D2 states that decks, patios, balconies, stoops, or other similar features (uncovered) that do not extend more than 30 inches above grade may encroach 8 feet into a required front yard setback. BACKGROUNDMISTORY Brittany 3`d Addition was platted in 1982 and this home was constructed in 1983. A 10-foot front setback variance was granted with the plat approval for this and several other lots within the subdivision. Therefore, the approved and established front yard setback is 20 feet. EXISTING CONDITIONS . The existing single-family home has an attached two- stall garage. The front wall of the existing house is set back approximately 23 feet from the front property line. The existing roof line is 15.8 feet from the front property line, and a wall extends out from the house to - support the roof. :r■i ' » v The applicant wishes to enclose a portion of the front porch that is now open. The existing support wall will be one wall of the new enclosed entry. The enclosed area will extend 7 feet out from the existing house, but not further than the existing roof line. EVALUATION OF REQUEST - rte. Proposal - The applicant is proposing to enclose an open porch area on the front of the house. This area is currently covered, but is open. The , area to be enclosed is 10 feet wide and 7 feet deep. A portion of the porch between the new H1 enclosed area and the garage will remain an open t, "porch. Planning Report Debra Newman Page 3 Covered porches and enclosed entries are subject to the minimum structure setback requirements, in this case 20 feet. Since the existing structure setback measured by the roof line and front porch is 15.8 feet and the enclosed entry will be the same, a 4.2 foot variance is necessary. The proposal complies with lot coverage requirements and the drawings indicate that the proposed addition will blend with the existing home. Cedar siding or stone to complement the existing house will be used on the front of the addition. 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 subject site is approximately one half acre in size, and a substantial portion of the rear yard is covered by a drainage and utility easement. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with a detached two-stall garage is present on the site. 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 to provide green space. The front building wall is currently set back more than 20 feet and the addition will extend closer to the front lot line. Since the proposed enclosed entry will be within an already covered area there is no loss of green space. And since the roof line already extends as far as the proposed enclosed area, the building will not necessarily appear closer to the street. A demonstrable hardship 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 the construction of a 70 square foot enclosed front entry. The property has the same use as surrounding properties and the same opportunity to be used as a single family home with two- stall garage without relief from the Zoning Ordinance. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. These other Variances were for similar amounts and similar construction - reducing the front yard setback from 30 to about 25 feet to accommodate open covered porch additions. This variance request differs since the required setback had already been reduced from 30 to 20 feet at the time of subdivision approval, so an additional variance of 4.2 feet is requested. Planning Report Debra Newman Page 4 APPLICANT'S ESTIMATE OF HARDSHIP The enclosed entry will provide an entry within the home, and add an architectural feature to the front of the house and interest to the roof line. SUMMARY/CONCLUSION The applicant is requesting a 4.2-foot setback Variance for the construction of a porch addition. A single family dwelling with an attached two-stall detached garage is present on the site. The condition upon which the variance appears to be based is applicable to other single-family properties. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. However, similar Variances for open porch additions have been approved elsewhere in the City, and the replacement of part of the existing open porch with an enclosed entry will add architectural interest of the front of the home, and practical indoor space at the front entrance. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a Variance of 4.2 feet to the established 20-foot front yard setback for a covered porch addition at 1579 Sherwood Way in the SW 1/4 of Section 33. 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. A building permit shall be obtained prior to construction. 3 The enclosed entry shall be constructed of materials and colors to match and complement the existing home. Agenda Memo August 17, 2004 C. SE 1/4 SECTION 36 (LONG ACRES) GUN CLUB ROAD/ DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Close the Public Hearing for the vacation of Gun Club Road right-of-way, drainage and utility easements within SE '/4 Section 36 on property within the proposed Long Acres Addition and direct consideration of approval to be concurrent with the approval for the Long Acres Final Subdivision. FACTS: • On May 4, 2004, City staff received a letter from Robert Kriha, Development Supervisor for Manley Land Development, Inc., requesting the vacation of public rights of way and easements located within the proposed Long Acres Addition in the SE 1/4 of Section 36. All necessary replacement right-of-way and easements will be dedicated with the approval and recording of the Long Acres subdivision plats. • Consideration of the Long Acres final subdivision is scheduled on this agenda and action to approve the vacation, if appropriate, will be included as part of that final subdivision action. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. ATTACHMENTS: • Legal Description, graphic, page. • Location Map, page • Letter requesting vacation, page. 1 ! t 5 5 P~~ (D045) (0046) C 5 ~P 1 1 4 5 DRAIN 6 UTIL. EASE GUN CLUB RD. cm: 030-79 a 014-81 CO I 1 (0004) i J U 13 f/ I 2 (ooos) D i i 3 (0006) ~r 1 i I r ~,FaIN a ~~E 4 (oooa) 5 (0009) 6 (ooos) FL i r E E f:., r • , ~ 0~~~ 7 c0010) PAN 12 9 (0me) ?0558 F( drr.n and ty e. ..m_ns ae es 12 or, r, EE LFE ac:: i;:r.3 w t 1 t coo14) =1nd A dri'nog_ ,rid utility _asernent r and.r•:y p.:' Coa.^-ent NW--._F 3W" as f,1011+s: a Th• t port of the south r st Olua•t t . h Cr r of ct to M Gv . hi rae Dckctc Cou-.ryj d_..r bed as follows; Commencirc the come, scud Scut . vest ar•c: of h Southeast Ouarter, thence _.ctn fit g• along r. s uf) 'ion +he. „,t 4. 44 fe t t.LnC North ry i t :Le_ J de( r' n'."nutes ii} seccna n a of 240,134 feet: thence South 79 t.rr es 4 c ;.r ds a - r g 431-00 ih r o t r I u. 1 gr r•irut s d_ seconds East 251.47 r t.•, _ i with he )r I lie the south 44 .u t said c t:_ t Duarter of the Southeost a rtcr d It-e of e ng of he .;i in age and u tJ a ncc.. to be ;e rito then(i . c.o,r„nl:.rycrt`` G d^gr 09 •n ) 4_ r 7-1 :o e±, t-Ier.,e nUi, = J 3r e^•5t :nutes 13 -.:cr.ds 20.33 f_ot thence 7ou.h 7 degr.xe., minutes Oa u .ond, East, 28e feet; Fh Sou+h s< degrees 3 rirutes 42 Bends hest.St eFt *hence 5Ch i arcs note=. ;8 secced:S Ea 1 70t017 e t 1-en e Soutt 2 de,~ro,:s 10 rui uteo 10 <_acona East, 5.03 fee t c rc u. 1,7 do 42 rn;nu 9 Seconds E) t g 71 f_ef., then( South t• pgre s 06 minutes n seconds Ec5t, 5' 0., t; rr c ,_u;.h 78 degrees C8 minutes 4 se,:oad East, 60.93 feet; h r(e N rth 68 d:^yree 35 minutes 57 se_onos Ecst, 7,828 feel; :thence ?No-th .,9 egr s 6 minutes 8 se,orio Ea.', set; .hence North 38 degrees 15 rriinuteE C sc last. 4553 feet, trienca . t r.h i d tees 36 m to - ra scc.nd s Ecs . 09,22 fees, to the east line of said of ih 3outneast '_r..rt _F:.): SQUth Cu car 1 minute., c` _eoonds West, long said east line r n c 'u•h 67 degrees 3+ irL e o en s West, 99.50 + r u South 75 degrees 4 minutes 25 e rids s+ 29.' f (let, heir South 6 dc- r h~. t__ 19 s c nd etc ' ~ e_ . th:ncm South 7a degrees minut se nd 26' feet; thence, S u ` 48 a (:r ( nnutc [a 39.30 r„_., the r,rth .u)_ of the South t J feel _f _ald ..outnwest .art. of the s u.hea::t Quarter. f-. efmco IJ,.> 89 degrees 59 mirutes 10 secords West, o >ng ,rn^.rth Lna, 2113.51 fees to "he rnt , t •oir.n,na. And A right-of way and utility easericrt pe. L. ,umera f urnb-)r 314189 described os toi vas An easement for right-of-woy and unlit ;:u*pes over the eas 33.00 feet _ 'he Quarter of •h t),eo6`. Quarter of Section 36. Township 27, 23, Cs6c,, Cc.:nt:, dimes.,:a; E.cept he s:uri 441M feet then And ni,-w cy easement per Document 827952 or, 198955 described as 9!ows: hot pert:(., of the nor+h 33 feet of c.~drter of the Southeast -iortor qtr:.: i-Fe . ` feet 0' V l, •t,th-. Juort, of the Suutnenst Quarter r n S` ;ion c-nsllip 27, Range 23, Dakuta Co. n y, inne .ba, w....h rs Ad . , . .,und~aries of the following described trod of ono ...he South•wcst C?uorter of the Sout,)~.cst :Oi,aite• 3:;. `o4•:^ship 27, Rcr..lc <11, l,, County, `v'u-nr ~:.exce - to c r (..:::r east rod thereof. A;sc ex .tiny s p, t r f ,.trlw -t 'uor - of ,e t t:) Ouor t d d 15 en the scW ire of said Sou _ha: t Cu _r; r t e ct ds Cc 'v.r d h the F,. lac ih u:ru _7c 'i cr e 1 tot of t -'cuf Railroad, thence East 378.95 .:t, tl,.m Nor i,. ,3h feet, thence eves, 343-n f to Bid east r( r. aryl t )e, th n e south s' cf ng said r t r . i r;qht ti Me to the point of t Sir m y N: r, red tog t :r c r aid aou:hacst Quor;er of the S _.t ..:r_r ...r. ,r dc.. r,i.•d as nr•~ncr; of the -o-re, soil .t x:, t ore , the Southeast Quarter, thence E.:..°. 414. feet, Bern<' N,.r ;Y: 240...4 e~,; to the ge•t~ I por~t a_.,ir.?r. r. of th to be described, thence ~-:outh 79 _:7r(=- -'routes 4! seco.r ~ East 5 fe i. .r¢:ue f..' h cear_es 09 r`r"L 4' ..;ands Eu_'. to t north lint, of d 5 tto t. (iu ter of h -Ith t rt e) st i t .h(' ,r f S r thwest OLGrte of tie Suuthea C_u:` ~e o c :r w..y , t ou r> Irv St, Pc~jl S.cth olom3 s-,io cast r;..ht-of-wo, I„g i,, . . ter s._.,_ ( o ins eoinc: W ..:nt t ca.).. 341 t e. to the Fo c or b yrr,inc _ Z Q O 0 ~ z Z X w J DIFFLEY ROAD c CLIFF ROAD 0 r h 0 Proposed NON Q- 1.E REGIONAL PARK Vacation Fo O U GUN CLUB o ~ 8 5 ti 120th ST I ROSEMOUNT GAVacabons\Gun Club Gun Club Road Proposed Right-of-Way Vacation 5/92/04 City of Eagan Location Map Y .5 Mi NLEY Land Development, Inc. 21 13 Cliff Drive Eagan, MN 55122 Phone 651.454.4933 Fax 651.454.937 ) vvww. man leybrothers. com City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Gun Club Road To Whom It May Concern: Manley Land Development, Inc. is requesting a vacation of road easement on Gun Club Road. This will enable us to redirect Gun Club Road into Biscayne Avenue per approval of the plans for our Long Acres development. Thank you for your cooperation with this matter. Sincerely, Robert Kriha Development Supervisor Manley Land Development, Inc. 9 Agenda Information Memo August 17, 2004, Eagan City Council Meeting VI. OLD BUSINESS A. CONDITIONAL USE PERMIT TO ALLOW PAYROLL CHECK CASHING - WAL-MART ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal-Mart located at 1360 Town Centre Drive; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum * Items in bold represent new information FACTS: • This item was continued from the May 18, 2004 City Council meeting to the June 15, 2004 City Council Meeting and then continued to the August 18, 2004 meeting. • Three CUP's on the subject site exist: Christmas tree sales, produce sales, green house in parking lot. • There are eight performance standards in the Code regarding currency exchange, all eight standards are proposed to be met. • The checks cashed are limited to Payroll checks. • This request is considered currency exchange by code definition... "engaged in the business of cashing checks or drafts or providing money orders, certified checks, travelers checks, or currency wire transfers for a fee." "Currency exchange does not include a person, entity or establishment which provides said services incidental to a primary business if the charge for the service does not exceed $1.00 or I% of the value of the check, draft, money order, travelers check or wire transfer, whichever is greater." Wal-Mart is charging a fee of I% which is capped at $3.00. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending approval, subject to the conditions in the minutes. ISSUES: • Wal-Mart is a 24 hour operation, the code limits check cashing hours to lam to 7:59pm, APC members spoke about the hours of operation within a 24 hour store and staff is concerned with the enforcement of these hours. ?I-S- • The applicant has submitted a plan illustrating the store layout and depicting the check cashing operation at all 20 checkout stations and the customer service area. 60 DAY AGENCY ACTION DEADLINE • August 19, 2004 - (Includes City 60 day extension) ATTACHMENTS (2): 907- Advisory Planning Commission Minutes pap(s) Planning Staff Report pages through d City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 13 G. CONDITIONAL USE PERMIT - WAL-MART A Conditional Use Permit to allow a check cashing service on Lot 1, Block 1, Town Centre 70th Eleventh Addition, located at 1360 Town Centre Drive in the NW '/4 of Section 15. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 14, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Charlene Walls, Wal-Mart Store Manager stated there would be signs posted and proper training to ensure that there will be no check cashing during the times prohibited by the City Code. Member Leeder asked what type of checks would be cashed and if this permit would prevent other businesses in the area from doing the same. Ms. Walls explained that it is her understanding that only business or government issued checks would be cashed at the Wal-Mart store. She stated all other Wal-Mart stores in Minnesota provide this service. Planner Cartney explained that another business could provide the same service as long as all City Code Requirements are met. City Attorney Bob Bauer explained that the City Code defines the currency exchange business, and Wal-Mart does fit into the definition. Member Bendt moved, Member Leeder seconded a motion to recommend approval of a Conditional Use Permit to allow a check cashing service on Lot 1, Block 1, Town Centre 70th Eleventh Addition, located at 1360 Town Centre Drive in the NW '/4 of Section 15 subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency xchange business. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code. 4. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 14 5. The currency exchange business shall not engage in any services in which money or funds are [ended, borrowed or pledged to or by a customer. 6. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 7. The currency exchange business shall not be open or operated during the hours of 8:00pm and 6:59 am. All voted in favor. Motion carried 4-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2004 CASE: 15-CU-04-02-04 APPLICANT: Wal-Mart Stores HEARING DATE: April 27, 2004 PROPERTY OWNER: Frances Coberly APPLICATION DATE: March 24, 2004 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 1360 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow check cashing services upon check out at Wal-Mart located at 1360 Town Centre Drive. The applicant is requesting approval of a Conditional Use Permit AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. 50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 9~ Planning Report - WalMart April 27, 2004 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or- interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in 1991 and the store constructed in 1992. A Conditional Use Permit for outdoor sales and display for the garden center was approved with the initial plans, with the stipulation that the outside sale and display be restricted to garden items only. In 1998, Wal-Mart constructed an addition to the front of the store and extended the screening wall at the rear of the store to enclose and screen the storage area for trash dumpsters, wood pallets and bundled boxes. A CUP allowing Christmas tree sales on the Wal-Mart property also exists. The Christmas tree sales are located on the far end of the parking lot from the building. A CUP for a produce stand was also approved for Wal-Mart in 1997. In 2002 a CUP was approved to allow a temporary greenhouse in the parking lot from May to July. EXISTING CONDITIONS The site is developed with a 120,000 square foot retail building. The building is located on the east end of the site, with parking to the west. The site is bounded by Town Centre Drive to the west, Duckwood Drive to the south and other retail to the north and south. A storm drainage pond is located between the building and Duckwood Drive. SURROUNDING USES /0-0 Planning Report - Wa1Mart April 27, 2004 Page 3 The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Kohl's CSC, Community SA, Special Area Shopping Center South Retail CSC, Community SA, Special Area Shopping Center East Companion Animal CSC, Community SA, Special Area hospital/Cornerstone Shopping Center/PD, self storage Planned Development West Eagan Auto CSC, Community SA, Special Area mall/Paradise car wash Shopping Center EVALUATION OF REQUEST Compatibility with Surrounding Area - The City Zoning Code allows currency exchange operations as a Conditional Use within the Community Shopping Center district, subject to adopted standards. The zoning ordinance states that the currency exchange operation is subject to regulations in Chapter 6 of the City Code. Chapter 6 establishes that a state license for currency exchange is required, in addition to the zoning approval from the City. Evaluation - Chapter 6 establishes eight performance standards that apply to currency exchange businesses. Each of these items are evaluated below: 1) The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange business. 2) A currency exchange business shall be operated only in the zoning districts as set forth in this Code and in accordance with the zoning regulations of this Code. The proposed site is zoned Community Shopping Center, currency exchange is permitted via Conditional Use Permit. 3) No currency exchange business shall be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, daycare facility, on or off-sale liquor establishments, park or public facility or residential property, including R-4(residential multiple) properties. The distance set forth herein shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. Wal-Mart is not within 200 feet of any of the uses listed above. 161 Plarming Report - WalMart April 27, 2004 Page 4 4) A currency exchange business shall comply with all provisions of this Code and other applicable laws. 5) No bars, chains or other security devices on the structure in which a currency exchange is located shall be visible from a public street or sidewalk. 6) A currency exchange business shall not engage in any services in which money or funds are Tended, borrowed or pledged to or by a customer. 7) The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8) No currency exchange business shall be open or operated during the hours of 8: 00 pm and 6:59am. Wal-Mart is open 24 hours; proposed hours of operation were not included with the application. SUMMARY/CONCLUSION Wal-Mart stores are requesting approval of a Conditional Use Permit to allow payroll check cashing at the check out counters. The currency exchange ordinance was adopted in July 2003, there is on other currency exchange location within the City of Eagan. The proposal satisfies the location standards of the ordinance. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow payroll check cashing at the check out registers in the Wal-Mart store located at 1360 Town Centre Drive subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange business. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code. 4. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. 5. The currency exchange business shall not engage in any services in which money or funds are lended, borrowed or pledged to or by a customer. 6. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 7. The currency exchange business shall not be open or operated during the hours of 8:00pm and 6:59 am. ~~a FINANCIAL OBLIGATION-I5-CU-04-02-04, Lot 5, Block 1, Town Centre 70 Eleventh Addition Wal Mart There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $184,135 on the property for which the conditional use permit is requested. The pending assessments are related to Project 851, which provided for the reconstruction of streets, intersections, traffic lights and other improvements in the Town Centre 70th and 100 subdivisions. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total /03 ADDENDUM #11 Description of Business: Wal-Mart Stores East, LP is a subsidiary of Wal-Mart Stores, Inc. (WSI). WSI is a national discount retailer offering a wide variety of general merchandise. Wal-Mart stores offer pleasant and convenient shopping in 36 departments including family apparel, health & beauty aids, household needs, electronics, toys, fabrics & crafts, lawn & garden, jewelry and shoes. In addition, some Wal-Mart Stores offer a pharmacy department, tire & lube express, garden center, snack bar or restaurant, vision center and one-hour photo processing for customer convenience. Business Plan: Wal-Mart Stores, Inc. is the world's largest retailer with $218 bullion in sales in the fiscal year ending January 31, 2002. The company employs more than 1.3 million associates worldwide through more then 3,200 facilities in the United States and more than 1,100 units in Mexico, Puerto Rico, Canada, Argentina, Brazil, China, Korea, Germany and the United Kingdom. More then 100 million customers per week visit Wal-Mart stores worldwide. Wal-Mart leases space in the stores to various industries, including banks. These banks pay a rental fee to Wal-Mart. Wal-Mart Stores, Inc. is going to begin conducting a payroll check cashing service for our customers from the cash registers only. Customers will be able to cash a payroll check from any employer for a small fee. A fee of 1% capped at $3.00 will be charged for the following states: Louisiana Pennsylvania Minnesota Connecticut New Jersey New York Vermont A fee of $3.00 will be charged to cash payroll checks in all other states. REUEEEVED F17181 08 L"094 i Eagan Boundary Location Map Street Centerline i Parcel Area Building Footprint s~ f C_~ t > SMY i Le e©u ~o ~o o 0 Ell / s ® i 'D f E'er ' a ® / ""4 _ 0 la's 4 J i p' - Subject Site P~ a•" c~ v; e e .`13 w„~„, O 9 J o W M q ~ @ Abp ~ e b ^Q •sQ Co t 1000 0 1000 2000 Feel Development/Developer: Wal-Mart r, Application: CUP Case No.: 15-CU-04-02-04 Map Prepared using ERSI ArcView 3.1. Parcel bass map data provided N 'cr"' ~ b Dakota Count Office of GIS and Is current as of January 2004. W E city of eac~arl THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Departrnent not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Wal-Mart Land Use Map Case No. 15-CU-04-02-04 t 1 T i Zoning Map J G S PD ~ PD .enn Current Zoning: 3+` CSC IFPD CSC Community Shopping Center CS CSC 1 PD R PD °"~+w oOOet CSC PD coo -0 goo 1200 F..t on ®rrrm+mnn Comprehensive Guide Plan -J T Land Use Map A 5 SA A SA SA R~r SA SA Current Land Use Designation: SA Y Special Area SA SA L H SA °``*wo e° t SA SA r o goo SA coo lsgo F..t ®nI MM G 1000- A P-1 base map In n Pr, to County Land Sway Dspartm,4 J- 2003. N i ormationormation maintained hyCity Staff. City of Eagan J W+E G Community Development Department . THIS MAP IS INTENDED FOR REFERENCE USE ONLY 5 The City of Eagan and Dakota County do not guarantee the accuracy of this Information. Agenda Information Memo August 17, 2004 Eagan City Council B. FINAL SUBDIVISION (LONG ACRES 1" ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Subdivision, the first phase of the Long Acres development, to create 26 single- family lots and three outlots, on approximately 29.6 acres located south of Gun Club Road at Biscayne Avenue in the SE'/4 of Section 36. To approve the vacation of public right-of-way for a portion of Gun Club Road south and east of Biscayne Avenue and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: Final Subdivision ➢ The Preliminary Subdivision totaling 51 lots on 29.6 acres was approved February 17, 2004. ➢ This Final Subdivision is the first phase of the Long Acres development and creates 26 lots; the three outlots are for future phases of the development. ➢ On July 6, 2004, the Council approved Project 905, Long Acres Outlet/ Lebanon Hills Regional Park Storm Drainage Improvements, which was a condition of final subdivision approval for this development. ➢ All documents and Agreements are signed and in order for execution at the regular meeting of the City Council. Vacation ➢ Gun Club Road will be realigned in conjunction with the proposed Long Acres development. The purpose of the vacation request is to remove the public right-of-way designation on that portion of Gun Club Road to be abandoned with the development. ➢ On July 6, 2004, the City Council held the public hearing for this vacation, and action was deferred to this meeting to coincide with the consideration of the Long Acres final subdivision. ➢ No objections to the vacation were received prior or subsequent to the public hearing July 6, 2004. ➢ The request has been reviewed by the Engineering Division and found to be in order for favorable Council action in conjunction with the final subdivision and plat approval of Long Acres by the City Council. ATTACHMENTS: (2) Final Plat, page Location Map, page U I ano~rw ` H~ 4~ ~P Wd _~^yE3 ~ ~ -1__-~ 4z-J_1- °-j Wit:, mot' I I ~a -I-~- i , - 5 a r : 81i" ~J•~°_~ y`e° : C 9 low 15 rm ` I m 7y a''.'. I > C] Vt I W I 'SOS's eta x I L '<u5~~Ou a5a? G:. 9a'ZZt S~ o o • <3 . 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Long Acres Application: Rezoning and Preliminary Subdivision Case No.: 36-RZ-1409-03 and 36-PS-17-09-03 Map Prepared using ERSI ArcW*w 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of June 2003. I city of eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E 1 The City of Eagan and Dakota County do not guarantor the accuracy of this information and are S Community Deveiopn-4 Department not responsible Tor errors or omissions. Agenda Information Memo August 17, 2004 Eagan City Council C. FINAL SUBDIVISION (LONG ACRES 2nd ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue to the August 17, 2004 Council meeting a Final Subdivision, the second phase of the Long Acres development, to create 23 single-family lots, on approximately 10.6 acres located south of Gun Club Road at Biscayne Avenue in the SE 1/4 of Section 36. To approve the vacation of Gun Club Road right-of-way and easements. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: Final Subdivision: ➢ The Preliminary Subdivision totaling 51 lots on 29.6 acres was approved February 17, 2004. ➢ This Final Subdivision is the second phase of the Long Acres development, and replats the 10.6 acre Outlot C of Long Acres into 23 single-family lots. ➢ All documents and Agreements are signed and in order for execution at the regular meeting of the City Council. Vacation: ➢ For information on the vacation of Gun Club Road, please refer to Public Hearing Item C on this agenda. ATTACHMENTS: (1) Final Plat, page # I $ AIX- lit i= Fif a 19 ~Yri `llS •Y1 7F 4 , -ids C~j 1 ~ ~ gi1'~ pgs ~ sa 1~ cm tl Z Z~Z I I I IT' ►~~yy O I I , I 'i•^ I O L7 p' ' tag U W C ~ f- L-------1-------~ " I o 8 Q o Wi I S 3 21 3 3 2! 3 I d I C) I: MID C~~l a 1 3 n'' TsaC r--------------- Z I ; h i %i° ♦ 1 1 ~i I a ai X A X 46 LLI U $ I a ,11 1 If i ~ -ymg~--StTal ' r R~ - akaT®r1 ~Orf', ~ Aw 1 - t. ~ \ srw.,t • 1 r 1 s a I r ..J ~ ~ Chi wa nl I ~ r-1-aa~iyrs , j ovi R+erm i I r-E,iw n~~ o~ , o f ~ r i' I 'S ~ •xal i ~ Y i 1 c I { is x ~mwi r_e -o-----' I- ii r -sue r-I~-~ I I h - . nwvro 1 , ~ 1 I l i I i hIt I k I 1 g I I O ' 1 I ` t I on wvns~ a I e< i ` 1 I 1 , I r snw~ Ir± ~ 1 ' 0 1 ' I r 1 1 J i ~ 'g ' O • i i g a l a 1 ~ agl g ~'w R i~id001 A I ell, 2 Agenda Memo August 17, 2004 D. ORDINANCE AMENDMENT: EMERGENCY VEHICLE PRE-EMPTION ACTION TO BE CONSIDERED: Approve an amendment to Chapter 8, "Traffic Regulations," regulating the use of the Emergency Vehicle Pre-Emption (EVP) System and authorize publication in the City's legal newspaper for two weeks. FACTS: • Chapter 8 of the City Code addresses traffic regulations within the City of Eagan in conjunction with the regulatory and procedural provisions of Minnesota Statutes Chapters 168, 169 and 171. • On June 17, 1997, the City Council approved an agreement between the City of Eagan and Dakota County establishing criteria for the design, installation, maintenance, operation and removal of the EVP System within the City. • The EVP agreement with Dakota County addresses violations of use of the EVP System. However, the City of Eagan does not have any current means to address such misuse. • On February 17, 2004, the City Council authorized the preparation of an amendment to Chapter 8 of the City Code to address violations of the use of the EVP System. • The Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD) establishes the appropriate usage of the EVP System by emergency vehicles and designated non-emergency vehicles. The MnMUTCD is a guide and does not establish regulatory authority. • Approval of the amendment to Chapter 8 of the City's ordinance would amend this section to establish criteria for the use of the EVP System in accordance with the agreement with Dakota County and the MnMt_1TCD. • Although both houses of the State Legislature approved similar controls this past session, it was included in the Transportation Bill which did not get approved before the session ended. This ordinance will be compatible with such legislation when, and if, ultimately approved by the State Legislature. • Upon published notice of the ordinance amendment for two weeks in the City's legal newspaper, the ordinance becomes official. Agenda Memo August 17, 2004 Eagan City Council Meeting New Business A. SELECT NAME FOR EAGAN COMMUNITY CENTER TEEN CENTER ACTION TO BE CONSIDERED: Select a name for the Teen Center at the Eagan Community Center. FACTS: • When the teen center was in the early planning phase, it was initially dubbed "The Blast." • "The Blast" was later used for the indoor play area when a space theme was selected for the play equipment. This left the Teen Center without an identifying name. • Teens were given an opportunity to get involved with the naming of the Teen Center. E-TAB has been active in working on a name for the Teen Center, and have enthusiastically been gathering feedback from other teens about a name for the space. • Ballots were distributed at the Teen Center, at teen events, the skate park, at local schools, clubs, and neighborhoods. • 228 ballots were collected. Out of eleven alternative names, four received the most votes. These were the Outhouse, the Oasis, Adrenaline, and Enigma. Enigma has since been removed from consideration because the Shakopee Teen Center has selected this name for their Teen Center. • `The Outhouse' received the most votes from the teens, receiving 52% of the votes. The Oasis came in second, receiving 26% of the votes, and Adrenaline came in third, receiving 17% of the votes. ISSUES None. ATTACHMENTS: • Tallied voting results, page 113 Center Name Number of Votes The Outhouse 120 The Oasis 59 Adrenaline 39 Enigma - removed from ballot in August 10 (Shakopee Teen Center Chose this name Total 228 Agenda Memo August 17, 2004 City Council Meeting NEW BUSINESS: B. APPOINTMENT OF NEW AIRPORT RELATIONS COMMISSION MEMBER DIRECTION TO BE CONSIDERED: To appoint a new member to the Airport Relations Commission to fill the vacancy that exists due to a recent resignation. BACKGROUND: • Per the City of Eagan Commission Appointment Policy, the vacancy on the Airport Relations Commission (ARC) is to be filled by a person that applied for a position on the Commission, but was not originally appointed to a Commission during the appointment process that took place in April 2004. • There were four applicants that sought appointment to the ARC in April of 2004 who were not appointed at that time. • Per the Policy, City staff contacted the four applicants to inquire as to whether they remain interested in serving on the ARC. • Of the four applicants contacted, two of the applicants voiced their interest in serving on the ARC-Tammy Mencel and Jack Prentice. • It should be noted that Jack Prentice was unable to attend his scheduled advisory commission appointment interview. • The Council is asked to consider the two applicants for appointment to the ARC. • Per the City's policy, the Council shall vote on an applicant to be appointed via individual ballots. • The ballot will be distributed in advance of the vote on August 17 to appoint the new ARC member. ATTACHMENTS: • Attached on pages ](throughhp pare the applications of the two candidates- Jack Prentice and Tammy Mencel-who have voiced their interest in being appointed to the ARC. ° It j~;Iai,r~ir - j Print 0 E-mail Main Page / Government / Commissions Advisory Parks Commisslon Advisory Planning Com ion Ai ort R-q[9gds l Commission Economic Development Commisslgn Telecommunications t Commission j Advisory Commission Application ► About Eagan ► Government • Council &Mayor Advisory Commission Application • Commissions Advisory Parks Commission CITY OF EAGAN Advisory Planning Commission Airport Relations Commission BACKGROUND [INFORMATION FORM Economic Development please type or print clearly in ink Commission Telecommunications Commission AVv~ y` nC A(d EL ~y, Advisory Commission MA V 1A~ &0-- Application Name Date • City Codes & Ordinances • Eagan Legislators & Districts In order that the Mayor and Councilmembers have a better understanding of your • Elections/Voter Information background and interests, please provide the following information: (Attach extra • Form of Government sheets if necessary), • Glossary of Terms Home Address 4l Le p 7 AfAir'te, P-ii2bc-- r~ • other Government Contacts Phone (H) wfi I -1 OrLLt - k-0 • Public Documents Library r~ 122 ► City Departments Zip Code ► City Jobs How long have you lived in Eagan? years ► City Services ` ► Facilities Employer Tw-'eutil Pl es!-, ..Jn( I. a ' ► Getting involved O N ~cA~c J ~ S fI~ _ Rlyr~ ► Community Links ccupation ► Contact Us Phone (W) (D 12-: ZrbQj '2-tsq- I Please indicate which Committees/Commissions you are appying for. List only those you would be seriously interested in serving on. 11t Choice 2nd Choice as-)v! C6YY7/'y~l,S5J1~~1 rd Y10YYI 3 Choice 4t' Choice Prior experience on City Commissions, City Boards, etc. olma-Iip<,6~ na fia-~a2 I rl c~+ t hL Z ' d ZF-8 ' ON //'V li`)OdMJ 31b"d0c 100 WdLb : T b002' 9Z ' bMw Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. ► yy7v%l Q i AkG -to Ipt MW- IYI Vol W-4 18; ~ IW- CA of - CV, axed - ~ tarp ~ l ~ vl~ ow,~ roles Ww( O01 idn,r1 kjLr9-. :17 V►rQ4' lrn a.z. tv~ P.vl . Briefly describe your background, experience and any other information not previously given which you believe should bo' considered regarding the appointment you are seeking. 7 GZ mP,i~ ~xY- 7LI ft h f W a~~~t~ Gb~'►'~~'l~2~-ri1G~. OF add G1SSOGla.?J17y~~ GAS ~~eG~ Return to: City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Telephone: (651) 675-5001 Fax: (651) 675-5012 (For Office Use Only) Date Received City of Eagan CITY OF EAGAN ADVISORY COMMISSION APPLICANTS DATA PRACTICES ADVISORY FOR PROTECTED INFORMATION FORM READ THIS ADVISORY BEFORE COMPLETING THIS FORM: The Minnesota Government Data Practices Act requires you to be informed that the foil information which you have been asked to provide on the attached form is considered private L- 1. Your full name.* 2. Any and all previous names by which you are known, regardless of whether or not they w your legal names. - - - 3, Your date of birth. /0. E ' d 1.68 ON 180d3b 31tid0cN00 W dLb : T 17e0z ' 9z ' d"W Commissions Page 1 of 4 i _ _ • !'i!. l it• ` G l~1F-• F'C.. :1l.'F_ t-~~.~ If,' ii'F l i Il Fiirin •ti 'lii Ai dFa 'E1 F. d i i' 'irl92:ii! g Print twin Rage / Government / Commissions Advisory Parks Commission Advisory Planning_ Commission r,irport Relations Commission Economic Development Commission ( Telecommunications Commission Advisory Commission Application ► About Eagan ► Government • Council & Mayor Advisory Commission Application • Commissions Advisory Parks Commission CITY OF EAGAN Advisory Planning Commission Airport Relations Commission BACKGROUND INFORMATION FORM Economic Development *Please type or print clearly in ink Commission Telecommunications Commission Advisory Commission _ Qc ~r c V~-1 C e . 3 I •O L-` Application Name Date City Codes & Ordinances • Eagan Legislators & Districts In order that the Mayor and Councilmembers have a better understanding of your • Elections/voter information background and interests, please provide the following information: (Attach extra • Form of Government sheets if necessary). • Glossary of Terms Home Address / 04-93 • Other Government Contacts Phone (H) gas- 1. 6 8-.,A/ l l • Public Documents Library ► City Departments Zip Code SS I Z. Z- ► City lobs How long have you lived in Eagan? years ► City Services ► Facilities Employer el_ o r• s 14, o. S <r f ► Getting Involved ► Community Links Occupation l_ ca;s c S G ► Contact Us Phone (W) rs A Co r a -5, -C' Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. 1 It Choice -pm r L 2nd Choice L7 cr o v.. 1) c v 1 3`d Choice A d tr / so " 1 >vr ; „ 4d' Choice- A Prior experience on City Commissions, City Boards, etc. f1l ~~,ti~ r http://www.cityofeagan.com/live/Commissions.asp?Commission=4648&menu=2021 3/31/04 ;ommissions r arv a vi Y f Provide a short paragraph summarizing why you are seeking an appointment b; a Commission in the City of Eagan. S c e.. d~ t4a,n - K ~ s D e h S C Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. S c o~ 'tfo c c s do C- ~ Retum to: City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Telephone: (651) 675-5001 Fax: (651) 675-5012 (For Office Use Only) Date Received City of Eagan CITY OF EAGAN ADVISORY COMMISSION APPLICANTS DATA PRACTICES ADVISORY FOR + PROTECTED INFORMATION FORM 4ttp://www.cityofeagan.com/live/Commissions.asp?Commission=4648&menu=2021 3/31/04 3.31.03-Jack Prentice Response # 1: The city of Eagan has provided a great environment and community for my family for several years. I feel that seeking an appointment is one way to give back to the city and make a positive impact on the things I enjoy in life. We recently purchased our second home in Eagan located on Blackhawk Park and for over 7 years I have enjoyed the park and all its amenities. My wife and I made the long term commitment that Eagan was the best place to raise our children and grow old. I feel that I can provide positive feedback and ideas as well as constructive criticism when needed. A final reason I felt compelled to seek an appointment was the desire to not just stand on the sidelines, but get involved and hopefully make a small difference. Response # 2: I have served on the Board of Directors for Royal Redeemer Child Care Center for over a year. In that time we have faced several issues such as, employee and benefits reductions, fund raising, budgeting and financial planning and a search for a new director for the center that I feel will help make me a good candidate for appointment. ~a Jack Prentice 1593 Murphy Parkway Eagan, MN 55122 (p): 651.260.2506 (e): iack(&-e-prentice.com Professional Summary: I have eight years experience in the transportation industry and third party logistics (3PL). Most recently, I developed and implemented the start-up of a full service logistics division at a transportation company. I was able to increase revenue and gross profit by capturing new or unrealized sales that exceeded budgeted targets. 1 managed all operations including budget development, expense control, contract negotiations, communications, and staffing. I have established and currently maintain excellent contact with businesses and the industry. I have strong interpersonal and communication skills, and am self motivated and able to prioritize and handle multiple tasks and projects. I am also proficient with PC Miler, Maddock's and the Microsoft Office Suite. I am currently looking for a position that will allow me to directly influence the growth of a company by utilizing my strengths and experience with the transportation industry. Professional Experience: Saturn Transportation, Mounds View, MN (10.02-12.03) Director of Saturn Logistics' Carrier Partner D • Modes of tram al freight ar,. ;;cep .calls, inside delivery • Established ar ad relationships that increased carrier partners fror. to over 400. • Created Cam: case and maintained daily to host specific carrier info: :ion. • Developed carrier partner packet to expedite setup and complete background check of new carriers. • Expanded carrier partners to handle all types of freight requests and projects. • Daily e-mail d "I" A ' -^ver 400 carriers listing available equipment and freight • Monitored on-f. -formance and cost to ensure the best performr~nce and profit maximization. Division Sales: • Increased Revenue from $2.8 m:.. • Responded to large company RFP' ; . • Facilitated requests from internal sales as weir as outs:Qa agents for lane priciing and coverage. • Educated and ~-termed sale-, people of new services that should be offered to current customers. • Negotiated ar cin -iew customers and projects. • Secured new sales w.` ::fors through relationships and service performance. Office Staffing/General: • Hired all employees and managed resource allocation. • Set roles, responsibilities and objectives for all employees. • Established performance measurements and reporting methods. • Fostered a pro-active and self reliant environment • Created Standard Operating Procedures (SDP's) for Logistics group. • Developed account or project specific operating procedures. • Developed 60, 120, and 180 day action plans for logistics for senior management review and approval. • Integral member of management team involved in goal planning, major rollouts, and new customer implementation. • Set-up Company funded educational program for employees who chose to continue educations (BA, BS, and MBA). /C f CH Robinson Worldwide, Eden Prairie, MN (10.96-7.02) Senior Protect Manager (10.01-7.02) • Managed day-to-day operations between multiple vendors, customers and carriers. • Created and maintained Standard Operating Procedures (SOP's) for customers, vendors and carriers. • Responsible for all financial and reporting of customers and carrier information to senior management • Negotiated and set pricing for new customers and accounts. • Expanded internal network of redelivery agents from 300 to over 1500. • Managed operations between two CHR branches and major telecommunications customer. • Assisted in developing a custom website in which multiple parties could utilize (customer, vendors, and carriers). • Reported costs vs. revenue and presented to senior management. Divisional Sales b Marketing (8.00-10.01) • Responsible for sales development and marketing of products and services. • Completed RFP's for potential customers, secured new business, and performed internal and external marketing. • Identified targeted industries and potential customers by estimating revenue potential, implementation costs and operational costs. • Analyzed customer needs and implemented customized logistics solutions. • Developed and negotiated national pricing for intemal branches and customers. • Directed and coordinated national forums and conferences. • Created and implemented marketing materials for the division. Logistics Operations Manager (9.96-12.98) • Responsible for the development of expanded sales, customer relationship building, improving operational efficiencies, and supervising multiple team members. • Financial accountability for accurate pricing, timely invoicing and collections of accounts receivable. • Managed multiple customer accounts totaling $7.Omm annually. • Created weekly distribution plans that included over 1500 destinations (50 million inserts) while optimizing best cost and mode of transportation for each customer. • Utilized communication skills in dealing with customers, transportation vendors, printers and intemal branches to effectively manage client needs and proactively solve distribution issues. GREENTREE FINANCIAL CORPORATION, St Paul, MN (7.95-8.96) Internal Auditor • Conducted operational reviews of corporate departments and regional offices throughout the U.S. • Reviewed credit applications, loan portfolios, collection files and repossession files for compliance with standard operating procedures. • Documented and presented audit results to executive level management with recommendations for corrective action. • Continuously searched for ways to improve audit productivity and effectiveness. Education: • MARYCREST UNIVERSITY, Davenport, IA B.A., December 1994. International Business major. • ST. THOMAS ACADEMY, Mendota Heights, MN. Other: • Board of Directors-Royal Redeemer Child Care Center. (11.02-current) • JV Soccer Coach for St Thomas Academy • Neighborhood Renewal • Special Olympics • Soccer Camps for underprivileged children • International Business Organization (college) Agenda Information Memo August 17, 2004 Eagan City Council C. RECEIVE PETITION FOR EAW - STEEPLECHASE OF EAGAN. ACTION TO BE CONSIDERED: • To receive a citizens petition for an Environmental Assessment Worksheet (EAW) for the Diamond T property-Steeplechase of Eagan development proposal and • To determine whether a need does or does not exist to require an Environmental Assessment Worksheet of the Steeplechase of Eagan development proposal and authorize retention of a record of decision in that regard. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • The initial Steeplechase development proposal does not fall within any of the requirements for a mandatory EAW. However, a discretionary EAW may be initiated by a local unit of government on its own motion or in response to a citizen petition signed by at least 25 persons. • An EAW is a "document providing basic information about a project that may have the potential for significant environmental effects" (EAW Guidelines Glossary). An EAW is intended to permit to the responsible government unit (RGU) to determine whether those impacts have been or can be adequately addressed through the regulatory process and development activity. • A valid citizen petition was submitted to the Environmental Quality Board (EQB) requesting an EAW regarding specific aspects of the Diamond T property- Steeplechase development proposal. The EQB identified the City as the RGU to consider the petition. The petition was received by the City on July 26, 2004. • At its August 2, 2004 meeting, the Council extended the timeline to consider whether or not to require the EAW by an additional 15 days, or until August 25, 2004. The City Council is obligated to take action to determine whether an EAW is necessary for a project prior to taking any other action relative to the applications l~ Agenda Information Memo Page 2 August 17, 2004 Eagan City Council New Business Item C • The applicant has completed a Phase I and Phase II Environmental Site Assessment with Braun Intertec and a preliminary Environmental Assessment related to issues addressed through an EAW with RLK Kuusisto LTD. The City also commissioned a traffic study by SEH consulting. • A Technical Evaluation Panel was assembled to review the consistency of the project's proposed wetland replacement plan with WCA laws and rules, and recommended approval. ISSUES: • While Council action on the need for an EAW must precede any action on the development applications, it is recommended that this item and the presentation of the development application background be heard together to permit the Council to have the background relative to the relationship of the proposed development activity to the potential need for the EAW. • If the Council determines that an EAW is necessary, no action may occur on the development applications until the EAW is completed and the Council takes action on the adequacy of the EAW findings. If the Council determines that an EAW is not necessary, it may then consider the development applications as presented. • In addition to the petition outlining the reasons for which an EAW is requested, the applicant has submitted proposed findings suggesting that an EAW is not necessary. Whether the Council determines that an EAW is necessary or not, it should make specific findings as to the reasons for that decision as part of the public record. The background materials, Council minutes and specific findings for or against the need for an EAW will make up the Record of Decision in this regard. ATTACHMENTS (4): Petition on pages through Ca Environmental Assessment Worksheet Process on pages/nhrough 1 %J ~ Applicant's proposed findings against the need for an EAW on pages through 1~ Applicant's preliminary environmental assessment document enclosed without page number. ~a `~yNESOTR NTAL • Usti En- July 22, 2004 John Hohenstein, Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Citizens petition for EAW for residential construction, Diamond T ranch site Dear Mr. Hohenstein: The Environmental Quality Board (EQB) has received a petition requesting that an EAW be prepared on the project described in the petition, and has determined that Eagan is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules, chapter 4410. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: 1. No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100, subpart 1, page 34.) 2. A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. 3. If preparation of an EAW is neither mandatory nor exempted, the City has the option inne~otn STATE AND COMMUNITY SERVICES EaWronmentalQuallivBoard .658 CEDAR STREETST. PAUL. MN 55 155E PHONE: 65 1 -297-1 257 ■ FAX: 65 1-296-3698 ETTt: 800-627-3529■ WWW. EQB.STATE.MN.US to prepare an EAW. The standard to be used to decide if an EAW should be done is given in part 4410.1100, subp. 6. Note that this requires that a record of decision including specific findings of fact be maintained. 4. You are allowed up to 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petition at this time (e.g., no application has yet been filed or the application has been withdrawn), the petition will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project identified in the petition. Notice of the petition and its assignment to your unit of government will be published in the EQB Monitor on August 2, 2004. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (651) 296-8253, or you may dial my direct number at (651) 296-3865. Sincerely, 4 Jon Larsen Principal Planner, Environmental Review cc: Sharon Holbeck, petitioners' representative PETITION FOR ENVIRNMENTAL ASSESSMENT WORKSHEET c f c~ Description of proposed project: ~e ~cU Steeplechase, a residential development of 36 single family homes and property located at 4889 Pilot Knob Road (former Diamond T Ranch site) in the southeast''/, of Section 33. The development is proposed by Toll Brothers, 2300 W 97`s Street, Bloomington, MN 55431. Phone number 612-720-4990 The petitioner's representative is Sharon Holbeck, 4852 Wellington Court, Eagan, MN 55122. Phone number 651-452-3169 The petitioners are concerned about potential environmental effects stemming from the proposed development of the said property, to wit: The quantity and quality of water from site runoff, discharging into both the City Pond know as LP1-7.2 and into the lakes of Lebanon Hills Regional Park. a) Site is known to be contaminated with a significant quantity of animal waste, which has been documented and recognized by the City of Eagan and the developer as a concern. b) Density of proposed housing is expected to result in a total site surface that is 32.7% impervious and may increase water levels in City Pond LP1-7.2 to a detrimental level. City Pond LP1-7.2 is bordered by homes on the southern, western and northern sides that may be affected, as well as wildlife around the pond. c) Developer's proposal to remove a significant proportion (69.7%) of the trees from the site, with mitigation well below this level. There is also concern that removal of other natural plant material will increase drainage especially into City Pond LP1-7.2. As noted in the May 25, 2004 City of Eagan Planning Report, page 11, paragraph 8, "There is significant evidence that all five wetlands (on the Diamond T Property) have suffered varying degrees of degradation and varying amounts of fill by previous landowners. Degradation appears to be due to combined affects of horse manure leachate, horse trampling, and stormwater flooding." Petitioners stress that the watershed into Lebanon Hills Regional Park also flows to Holland Lake and Schultz Lake, which is a popular swimming beach, affecting a wider population of people than immediate residents. Both City Pond LP1-7.2 and the lakes of Lebanon Hills Regional Park are significant wildlife resources and habitats, and may be adversely affected by a change in either or both water quality and an increase in volume. The following citizens of Eagan, Minnesota, are requesting that an Environmental Assessment Worksheet be conducted on the proposed property: PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET The following citizens of Eagan, Minnesota, are requesting that an Environmental Assessment Worksheet be conducted at the property located at 4889 Pilot Knob Road (former Diamond T Ranch). Ad s : Name: _ 61 Print,qC ~Ui~ Pho j' Name Address: Print! Phone:/ Nara . Address: Print: Phone: Na Address: Print: Phone: L~ C _ Q CLI/► ~UY2ri1 5~''"1 T i' t o Name: Address: 14 4~~'3 Print: Phone: Name: Address: Print: Phone: Name: Address: !S ~ Q tee) M Print: 7 Phone: pr~c~, l 1e✓.e Y/.- k-/ - L/ - 7 Name: Address: r s ~d- I! I 1 Icy I ~L Print: Phone: t I= c 3 '57 4 s tI 7c Name: Address: l v a Lvd) '/)j , t,rc Print: , Phone: N e: - Address: _M _ • 1 511 f e ~e l~ t ~t W' Print: ~j Phone: c t'lU~' I kek r) l Ky 51- v 1 7 ( i PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET The following citizens of Eagan, Minnesota, are requesting that an Environmental Assessment Worksheet be conducted at the property located at 4889 Pilot Knob Road (former Diamond T Ranch). Name: Address: j I / A-); -L:NG l .C WA-/ Prin • Phone: Name: Address: te~~W ~~J~-d Print: Phone: A L(-~ Q (D (D Nam Address: /7 9 Print: Pho e: r %1 s- ; 97 :3 G Name: 1 Address: . 1 1 . ~a- Print dj~ Phone: Name' Address: G. Print- Phone: Name,:,, Address :f5 W- II /v Print: Phone: 111 fl (/L ~ f l Z- S C'7 D Name: Address: Print: 1 Phone: ~Ac Name: Address: lo"/ Print: Phone: JAMF 7 Name: Address: 4/F57 I~Jdkqh'~, 04 Print: Phone: Name. Address: Print: l 1 Phone: e- 'Act -L PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET The following citizens of Eagan, Minnesota, are requesting that an Environmental Assessment Worksheet be conducted at the property located at 4889 Pilot Knob Road (former Diamond T Ranch). Name: Address: Print: Phone: ar ~Sl 4~~- ~J~~9C~ 1,-'e C. Name: Address: old 5►2t Print: ~ ' Phone: Name: Address: CJV Print: Phone: Name Address: S Prim Phone: s ---I CV1 Name: i` Address: S S Print: / V,-- Phone: 51 6 21 `'l d" Name: Address: 1. - ~4 Print: Phone- - Y- YD Name: i Address: T / x 6. 1 Print: Phone: Name: Address: 49 L .e j1j t C.O",p-f i LcJ P t: Ph ne- ~I am-es' AT-c1 IC N s y sa - s~ Name: Address: OA) Print: /Phone: Name: / Address: Print: Phone: 1,30 PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET The following citizens of Eagan, Minnesota, are requesting that an Environmental Assessment Worksheet be conducted at the property located at 4889 Pilot Knob Road (former Diamond T Ranch). Name: Address: (ZLZ-11 qd-7 a bqC G 71 eUZC- Print: Phone: Kh n /CT -C-11x Phone: 63 Name: IL Address: Print: 1j Phone: Name: Address: /0 Ga'. lei ' Print: Phone: Name: Address: Print: Phone: Name: Address: Print: Phone: Name: Address: Print: Phone: Name: Address: Print: Phone: Name: Address: Print: Phone: Name: Address: Print: Phone: Name: Address: Print: Phone: /2/ Plamui_ Report - Steeplechase of Ewan it,Ia\- 25- 2(X)4 Pa_,e 1 l site. Pond 4 would drain southerly to the county park on a greater than 100-rear frequency- or as desired with a control structure- The 3.3-acre area of the parcel that is proposed to drain off site `without anv treatment -%vould be subject to a cash dedication. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots; driveways, and walks). The impervious proportions of the drainage areas of the proposed subdivision will be used to calculate minimum volume requirements for respective treatment ponds. Wetlands - The Nvetland delineation report for the project site (GME Consultants. Inc.: Project No. 107=15) identifies fire wetland basins subject to the CIO- of Eagan's jurisdiction according to the Minnesota Wetland Conservation Act (WCA). Any proposals to drain. fill. or excavate these Avetlands need to meet all provisions of WCA laws and rules. The report identifies the five ivetlands as Basins A through E. Basin A, mentioned previously as City Pond LP-56, is considered a Type 4 wetland, under the classification system of the Fish and Wildlife Service. Type 4 wetlands are inland deep fresh marshes in which the soils are usually covered with six inches to three feet or more of water during the growing season. Vegetation may include cattails, reeds, and bulrushes. In this case, broad-leaf deciduous trees are in a semi-permanent flooded basin. Basin B is known as City Pond LP-7.2, which is also a Class IV Wildlife Habitat waterbody according to the WQMP. The delineation report identifies this wetland as aType 3 wetland. Type 3 wetlands are inland shallow fresh marshes that are permanently inundated with six or more inches of water during the growing season. Vegetation includes grasses, bulrushes, and various other marsh plant such as cattails, arrowheads, and smartweeds. Basin C is identified as a flooded depression area that historically held three small wetlands. Together, they are considered Type 3 wetlands, according to the delineation report. The WQMP also classifies Basin C as a Class IV Wildlife Habitat waterbody. Basin D, located near the north central portion of the site, is also considered a Type 3 wetland by the delineation report. Basin E, located near the east central portion of the site, is not typified by the delineation report. However, it likely is a Type 3 wetland. There is significant evidence that all five wetlands have sufferedvarfing degrees of degradation and varying amounts of fill by previous landowners. Degradation appears to be due to combined affects of horse manure leachate, horse trampling, and stormwater flooding. The developer proposes to impact wetlands on the site by selective filling and to replace those impacts by creating new wetland areas. According to state law, before the City can approve such wetland impacts and replacement, the developer must document to the City's satisfaction specific attempts made in priority order to avoid, minimize, rectify, and reduce the impacts. /302- City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 4 City Attorney Bob Bauer explained that the proposal does not meet the criteria or number of units for a mandatory EAW. The City Council does have the discretion to request an EAW if it determined that the project has the potential for significant environmental effects. Assistant Engineer John Gorder apologized for the communication gap between the City, Developers and Residents regarding the intention of Wellington Way. He displayed a PowerPoint presentation depicting the planning history of the area. He stated the increased traffic on Wellington Way will decrease traffic in other areas. He stated SHS is a reputable Traffic Engineering Firm, in which the City respects. He discussed the traffic patterns in the development and showed that it would be more convenient to travel onto Pilot Knob Road, rather than winding through the development. Gorder stated Dakota County would only allow one access point on Pilot Knob Road and only consider a traffic light when a it is warranted. He discussed runoff and stated the site runoff would drain to the south, half going to the existing pond in Lebanon Hills park, and the other draining to a series of ponds and ultimately to Jensen Lake. He stated the City is working with Dakota County towards storm water management improvements. Senior Planner Ridley stated the park dedication fee collected is to maintain the two parks that serve this area. Planner Cartney stated the Park Committee continued the item regarding the conservation easement until further information could be gathered. Mr. Helmer addressed the property of 1480 Pine Tree Pass and stated they could review his concern for privacy. Andy Barenburg, Toll Brothers- Design Engineer discussed the wetlands. Mr. Helmer discussed the benefits of the Planned Development. Member Gladhill asked if there are limits regarding the number of housing units with a single access point such as number of homes on one cul-de-sac. Assistant Engineer John Gorder stated the City Code addresses the lengths of cul-de-sacs; however there is no set amount of houses required per access point or cul-de-sac. Member Bendt stated he is pleased that the property is going to be cleaned up, as well as additional access to Lebanon Park. Member Chaves inquired about the developer's lot calculations. He also asked if the Ordinance's definition of tree mitigation is based on diameter or number of trees. He asked about City practices regarding the selection of a traffic consultant. Mr. Barenburg explained that the townhomes are being plotted individually. Senior Planner Ridley stated the tree mitigation is based on the diameter of the trees, depending on soft or hard wood. Assistant Engineer John Gorder stated the developer chooses the mitigation consultant, however this firm is one that the City's has used. 133 Page 6/EAGAN CITY COUNCIL MwurES January 7, 1992 property, however, because they were told that no curb cuts would be permitted. They then bought property at their present location only to see curb cuts allowed for Holiday. Director of Public Works Colbert said that at the time of McDonald's purchase of property in that area, Dakota County would not permit curb cuts on Nicols Road near its Intersection with CIIR Since that time, however, Nicola Road was turned back to Eagan which has resulted in curb cuts being reevaluated and subsequently permitted by the City. Councilmember McCrea said her concerns were not so much for the placement of a pylon sign as for the precedent that would be *t U pylon signs were permitted on property not abutting the freeway. Director of Community Development Runkle said permitting the sign would have an impact on the criteria used by Community Development to do their variance analysis because at present, only direct aocrss Is and. McCrea moved, Wachter seconded, a motion to continue this Item to the February 19, IM, regular City Council meeting to allow the City Council and Advisory Planning Commission to meet In a scheduled work session on February 11,1992, to further discuss the regulation of signs in the City. Aye: S Nay: 0 CONDITIONAL USE PERMIT/STAKES LICENSE/DIAMOND T RANCH i Mayor Egan introduced this item as a conditional use permit and stables license for the Diamond T Ranch to allow a riding stable and boarding stable In an AG (Agricultural) district on Parcel 01175 located along the west side of Pilot Snob Road, south of Cliff Road in the southeast quarter of Section 33. Wachter moved, Pawlenty seconded, a motion to approve a conditional use permit and stables license for the Diamond T Ranch to allow a riding and boarding stable at the above location, subject to the following conditions: E 1.. All applicable. codes shall be adhered to. I 2. The conditional use permit shall be recorded with documentation provided to the City within 60 i days of Council action. ' 3. The conditional use permit shall have a five-year periodMth Informal staff review of compliance ! with the conditions yearly:° 4. The Diamond T Ranch shall meet all state environmental and water quality standards. S. All City licensing provisions.shall be adhered to. j i 6. All City fencing requirements shall be adhered to. ! Aye. S. Nay: 0 CONDITIONAL USE P£RNGT/NrM DISPOSAL/OUIDOOR 9MRAGE Mayor Egan introduced this Item as a eonditonal use. permit for Nitti Disposal, Inc, to allow outdoor storage in an LI (Ught Industrial) district on Lot 8, Block 1, Sibley Terminal Industrial park located west of Highway 13, north of Yankee Doodle Road In the SE 114 of Section L McCrea moved, Pawlenty seconded, a motion to continue consideration of a conditional use permit for Nitta Disposal, Inc., to allow outdoor storage in an LI (Light Industrial) district to the February 4,1992, regular City Council meeting. Aye: S Nay: 0 3 1 t y~. wGA 1~ ~cG i 077 - •r is<. j_dL`y 36 }yt'~I! f ~ , An r -livill +a 1 _ r. 'fir i ~ • ~ i' ; _ ~ j s ~l v' Inspection report by Chris Lucke and Randy Ellingboe Tuesday, June 13, 1995 Diamond T Ranch, City of Eagan, Dakota County Inspection notes reproduced from dictaphone. We inspected this facility accompanied by Mike Thomas of Diamond T Ranch. We toured a ` number of facilities, including a 40-acre pasture on the west side of the facility. Runoff from the X far southwestem corner of that pasture runs down hill and into a small wetland that has been created by the iunof We inspected that wetland, as well as two.others adjacent to it, to see_if . sce~ runoff was getting into another wetl d adjacent to some homes in the ea.. OW tl' 6,11,11,111,11, In our inspection today, we could not see any m ication that runoff was getting 5 p1 wetland into this second wetland adjacent to the homes: A significant amount of CoJ' bV soil had eroded off the hillside and was moving downwards and the water quality in the runoff collection area wetland did not appear to be very good quality. We also looked at another C wetland not far from there, and we will prepare a map for this by the way, where some runoff also moves from this pasture area. During periods of significant flow, runoff may be moving out of this pond into a larger pond located in Lebanon Hills County Park. We also toured the horse confinement areas and there is runoff from this 40-acre pasture (mentioned earlier) that goes into a low area-adjacent to the pasture and ponds there. That contains a significant amount of manure. They stockpile manure in that vicinity and there is no vegetation in that area so that low area is getting. a lot of runoff from the area where the horses are tied while they are either waiting to be. ridden or up near the barns. It is carried through a tile intake into this wetland area as well. So, this wetland area I am talking about is the fourth one that we viewed. I indicated to Mr. Thomas that more than likely We also toured two other wetlands adjacent to the County Road, Pilot Knob Road, where it had been theorized that runoff from the horse lots is entering into the county drainage system. At the one pond that would be to the north of the driveway going into the facility. There had been apparently an intake for a culvert there, but it appeared that the culvert was totally plugged at this point. All I could see was the grate and soil underneath it. On the south side of the driveway there was another low area that collected water and Chris took some pictures of this area. This takes water from the exercise lot that is on the south side of the barn and concession area. and also some of the runoff from around the concessions building. There were a number of containers of horse wormer in the pond and there is also a culvert which travels under Pilot Knob Road that was carrying water out of the pond so clearly. There is some runoff from the facility getting in to this runoff pond and leaving the site. We had discussions with Mr. Thomas about how to proceed from here. We indicated that they should annly for a feedlot permit We will send a copy of that application form out a ong w-i a cover letter about our inspection today. We discussed the need for some plans on how to handle manure in the future. We are looking into the possibility of selling their manure to a firm out of Mankato and they would be building a manure stockpile area to accommodate that. They also. Z346 page 2 indicated they are looking at reseeding this 40-acre pasture that now has no vegetation on it.. I told them that if it is a pasture; we would not be regulating it, but for right now it is a feedlot so I told them that they could have some time to consider which direction they are going to go, both with the pasture and with the manure stockpile area. I think doing both of those things would :help reduce the water quality problems at the site. They do run a fairly clean operation at the barn site itself. They pick up the manure regularly, but then apparently. stockpile it in this 40- acre pasture where it runs off to a low area. I also described the fact that, more than likely, that, seepage from the runoff collection areas is goin down to ound water and is rob r~ o em. In summary; curren~Ty~fieie are pro lems with runoff in this 40-acre pasture area, as well as the horse confinement area up near the saddling area in that the runoff collects in the low ' -spot tivhich may or map .not have previously been a wetland nut certainly is now. If the pasture area is reseeded, that should help resolve a lot of the problems. If they construct a manure stockpiling area where they would control runoff, that also would significantly reduce the problems. There should be something done with the storm water collection pond on the south side of the driveway adjacent to Pilot Knob Road, because there is. definitely a direct discharge from that storm water area to one of the other surface waters in the area. Dakota County may have maps of where those culverts go, and we may want to take a look at that. 13? Ali. Minnesota Pollution Control Agency y December 28, 1995 Jerry and Carol Thomas Diamond T Ranch 4889 Pilot Knob Road Eagan, MN 55122 RE: Follow up to Site Visit Dear Mr. and Mrs. -Thomas: This letter is a follow-up to the inspection which was performed at your facility June 13, 1995. We thank you for taking the time to assist us with an inspection of your ranch facility located in Eagan, Minnesota. During the inspection, it was noted that there were a few areas where improvement could be made. These are noted in the attached inspection report. Minnesota rules Chapter 7020 requires you to submit an application if an inspection notes a pollution problem. We have attached an application form for you to complete. This application form will be the first step in getting involved in the permitting process. This application needs to _ be filled out and submitted to the Agency by February 1, 1996. If you need assistance in filling out this application, please contact us or your local Soil and Water Conservation District or County Planning and Zoning Office. Thank you for your interest in environmental quality. If you have any questions, please call Chris Lucke (296-9332) or Randy Ellingboe (296-9209).. Sincerely, Chris Lucke Staff Engineer Nonpoint Source Compliance Water Quality Division cc: Rich Brasch, City. of Eagan 520 Lafayette Rd.; St. Paul, MN 55155-4194; (612) 296-6300; Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester C... ...i n......rh nily Fmnlnvor • Prin~nrl 0.......ded P~nm 4852 Wellington Court Eagan, MN 55122 November 12, 1996 V The Honorable Mayor Tom Egan and City Council members 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Egan: I am writing regarding my concerns about pollution issues at the Diamond T P.anch on Pilot Knob Road, and I am requesting an opportunity to present my concerns at the December 3 meeting of the City Council. The ranch has been a source of environmental concern since 1991, when a resident on Wellington Way reported seeing runoff containing horse.manure in the storm sewer gutters. Since that time, the ranch has been monitored by inspectors from the City of Fagan and the State of Minnesota Pollution Control Agency, with concerns being noted by both agencies. In a conversation with Chris Lucke of the PCA, I yearned that the management of the Diamond T Ranch has failed to comply with PCA regulations, and they have not complied with conditions of the Interim B permit issued to Diamond T. Their proposal for solving the problem of manure disposal has not been approved by the PCA because it is roe an - adequate solution. The ranch is also in violation of city regulations. Accord- ing to Eagan City Council minutes, January 7, 1992, a conditional use permit and stables license was issued to allow Diamond T Ranch to operate a riding and boarding stable at the Pilot Knob location. Please note conditions 3 and 4 of the conditional use permit #33-CU-21-11-91'which state that the permit shall have a five-year period with yearly review of compliance, and that the ranch shall meet all state environmental and water quality standards. Clearly, Diamond T is not in compliance with the conditional use permit. Despite repeated ef"forts by city and state agencies to bring Diamond T into compliance, the ranch continues to operate in violation of state feedlot regulations and the city's conditional use permit. That permit expires in January of 1997. I urge the City Council to. use that permit as leverage to force compliance. Demand a plan that can be approved by the PCA, and demand immediate implementation of that plan. Withhold renewal of the permit until the ranch is in-full 1 t compliance with regulations. This long-standing problem needs immediate attention before. further damage is dome. The Thomases have been allowed to operate in violationlof regulations for nearly five years, and they will continue to do so until the.city acts to stop them. I will appreciate.your response to my request for an oppor- tunity to present myiconcerns at the City Council meeting on December 3, and I urge your immediate investigation of this matter. Develop a strong plan of action to stop this source of damage to the city's natural resources. Sincerely, Sharon Holbeck c : K. Vraa R. Brash V ' city of cagan THOMAS EGAN December 19, 1996 Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Diamond T Ranch, Inc. Council Members Jerry Thomas THOMAS HEDGES 4889 Pilot Knob Road City Administrator Eagan, MN 55123 E. J. VAN OVERBEKE City Clerk RE: Conditional Use Permit Violation- 4889 Pilot Knob Road Dear Mr. Thomas: It has recently been brought to the City's attention that property owned by the Diamond T Ranch may be in violation of Minnesota State Water Quality Standards. The City does not enforce state environmental laws, however, in reviewing the Conditional Use Permit (CUP) for the Diamond T Ranch property, which was approved by the City Council on January 7, 1992, it was found that a violation of the CUP may exist. The CUP required that the Diamond T Ranch meet all state environmental and water quality standards. In response to these allegations, the City has recently contacted the Minnesota Pollution Control Agency (MPCA) to determine what violations, if any, are occurring on the property. - In a recent conversation with Randy Ellingboe of the MPCA Water Quality Division, the City was informed that water quality violations currently exist on the Diamond T Ranch property. Mr. Ellingboe also stated that the MPCA inspected the property on June 13, 1995, and found a pollution problem related to runoff into adjacent water bodies. According to the MPCA, Diamond T Ranch was required to submit a permit application for the Construction and Operation of an Animal Feedlot. In addition, a plan to correct the pollution problem was to be submitted to the WCA for approvai_ by August 1, 1996. The MPCA stated that a plan was submitted, but it did not adequately address the pollution problem on the property. It is the City's understanding that the Diamond T Ranch is required to submit an approved plan and schedule for the reduction of runoff to the MPCA. Please be advised that a violation of Minnesota State environmental laws is a direct violation of the Conditional Use Permit for a horse riding and boarding stable issued to your property at 4889 Pilot Knob Road. You must make arrangements to meet state environmental laws as outlined by the MPCA or be subject to the revocation of the CUP for your property. Please arrange to have an approved plan submitted to the MPCA by MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT FAGAN. MINNESOTA 55122.1897 EAGAN. MINNESOTA 55122 PHONE: (612) 681.4600 PHONE: (612) 681.4300 FAX (612) 681-4612 Equal Opportunlt / i mail a Action Employer FAX 612) 681-4360 100:(612) 454-8535 100:(612) 454-8535 s 4889 Pilot Knob Road December 19, 1996 Page 2 March 1, 1996. Thank you for your anticipated cooperation in this matter. If you have' any questions, please do not hesitate to contact me. Sincerely, Steve org Associ fanner 681-4690 c: Rich Brasch, Water Resource Coordinator / sd/codes/L106.96 4 4852 Wellington Court Eagan, MN 55122 may. 119, 1997 The Honorable Mayor Toy Egan and City Council members 3830 Pilot Knob Road Eagan: MIT 55122 Dear Mayor Egan: We are writing regarding our long=standing concerns about pollution issues at the Diamond T Ranch. The ranch has a history of operating in violation of state - regulations ('Minnesota pollution Control Agency, Chapter 7020) and the city's Conditional: Use Permit-.(issued in January 1992).:. The ranch has been out *of compliance for years, and the impact.on the ecological health of. this area and our neighbor- hood has been destructive. We understand that city and MPCA personnel are working with Diamond T at this time. '.The ranch management is required .to submit an effective. plan. for- manure management and run-off control, and ..the. plan -must be ".implemented promptly. .In addition, we understand that the, city. has issued a stable license which is necessary for continued' operations of the ranch and which must-be "reviewed and renewed in September of this year. In view of the history of persistent non-compliance by Diamond T management, we urge the city.. to be especially vigilant in monitoring the Thomas Ranch operations. They must -.-demonstrate, with actual improvements and solutions, their intent to comply with the laws and regulations which control a ranch/feedlot operation. They must not be allowed to continue operating in blatant disregard.-of the law and principles of responsible management. 1. - After years of waiting for improvements, we have lost confidence in the Thomases' intentions to voluntarily comply. Once again, we urge strict enforcement of existing laws and regulations and revocation of licensure in the absence of compliance. Yours truly, zv- 17 ell r, c. Rich Brash c. Steve Dorgan c. Steve Sullivan, Supt. County Parks c. Randy Ellingsbow, MPCA C. John pudol ph b~ 50'~ ' city of czagan June 5, 1997 THOMAS EGAN Mayor PATRICIA AWADA BEA BLOMQUIST SANDRA A. MASIN Sharon Holbeck THEODORE WACHTER 4852 Wellington Court Council Members Eagan, MN 55122 THOMAS HEDGES City Administrator RE: Diamond T Ranch E. J. VAN OVERBEKE City Clerk Dear Ms. Holbeck: Thank you for your letter dated May 19, 1997, regarding the pollution issues associated with the Diamond T Ranch located at 4889 Pilot Knob Road. The City has been working with the Minnesota Pollution Control Agency (MPCA) and the Diamond T Ranch since last fall to address the pollution issues on the property. The Diamond T Ranch is currently operating under a stable license, which requires annual renewal by the City. In addition, the City Council approved a Conditional Use Permit (CUP) in 1992 for the property to operate a riding and boarding stable. CUP's are not annually renewable; however, they are continually subject to specific approved conditions. As a condition of the approved CUP for the property, the Diamond T Ranch is required to meet all MPCA standards. If any approved conditions of the CUP are not met, the CUP is subject to revocation by the City Council upon formal review of the case. Recent inspections by City staff and the MPCA have found the Diamond T.Ranch to be in violation of _ MPCA standards and the CUP for the property. The MPCA has given the Diamond T Ranch until September of 1997 to submit an approved pollution control plan for the site and implement measures to eliminate contamination of both the subject site and adjacent properties. If the Diamond T Ranch fails to adhere to these requirements, the City may hold a hearing for the revocation of the CUP for the property. The City of Eagan works to enforce environmental standards within the city. The City will continue to work with the MPCA and the Diamond T Ranch to eliminate pollution issues affecting the subject site and surrounding properties. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, 1 Tom Hedges City Administrator cc: Mike Ridley, Senior Planner sd/codes/Wellington Ct 4852.97 MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681-4600 PHONE: (612) 681-4300 FAX: (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX: (612) 681-4360 TDD: (612) 454-8535 TDD: (612) 454-8535 t Minnesota Pollution Control Agency y June 9, 1197 Mr. Jerry Thomas - Diamond T Ranch ` -4889 Pilot Knob.Road Eagan, Minnesota 55122 Dear Mr. Thomas: I have enclosed a copy of the report of the inspection that we conducted on April 3, 1997, at your facility located in Section 33 of the city of Eagan in Dakota County. This report summarizes my observations and the items that we discussed that day. Thank you for taking time to visit and do a thorough inspection. I have also enclosed a copy of a reissued interim permit for the facility which includes a schedule for resolving the water quality issues at your facility. As noted in the inspection report and permit, there are four main items to address for the facility: 1. Re-establishment of grass in the pasture on the north side of the facility, and development of a grazing schedule to maintain vegetation in pastured areas. _Ir 2. Removal of manure from the stockpile area adjacent to the north pasture. 3. Preparation and implementation of a plan for storage and land application of manure. 4.. Preparation and imileme--itatien of a pl&-i for controlling manure-contaminated runoff that currently flows into the wetland north of the stable and corral area. As we discussed that day, there must be substantial progress or complete resolution of the pollution issues in 1997. Please note that manure storage facility plans require Minnesota Pollution Control Agency (MPCA) staff review and approval prior to construction. All plans listed above should include a schedule for implementation of the measures. It was and is acceptable to begin re-establishment of vegetation in the pasture and removal of the manure stockpile without notification of the MPCA. However, I would like to inspect this work and the wagon trail once they are completed (please notify me). . As also discussed that day, the Dakota County Soil and Water Conservation District and the Minnesota Extension Service may be able to provide assistance in development of a runoff control plan, grazing management plan, and manure storage and management plan. You may wish to contact them if you have not already done so. 520 Lafayette Rd. N.; St. Paul. MN 55155-4194; (61 291 -6300 ~V; (612) 282-5332 (TTY) Regional Offices: Duluth - Brainerd - Detroit Lakes - Marshall - Rochester - ..,,.,,,.i-i - ,t io=cr 9n^;_ (iham trnm nanar recvcled by consumers. Mr. Jerry Thomas Page 2 Thank you for your cooperation. If you have questions, feel free to contact me at (612) 296-9209. Sincerely, Randy L. Ellingboe, P.E. ` - Sfaff Engineer, Feedlot Unit Nonpoint Source Compliance Section Water Quality Division RLE:Is Enclosures cc: Eric.Evenson, Dakota County Feedlot Officer Tim Becket, Dakota County Soil and Water Conservation District Rich Brasch, City of Eagan 1St5;WR12r9an, City of Eagan Warren Sifferath, Dakota County Extension Service • June 9, 1997 Inspection Report at the Diamond T Ranch Apri13, 1997 The inspection today is conducted by Randy Ellingboe, accompanied by Jerry and Mike Thomas, Steve Dorgen, and Rich Brasch of the city of Eagan. We are reviewing the surface waters and areas that might receive runoff from manure storage and from horse confinement areas. We first reviewed the storm water pond that is to the southeast of the main building area. That appears to not receive much manure from any of the facilities. The exercise lot adjacent to that is cleaned daily. We did discuss the wormer bottles that we found there last summer, and Mr. Thomas felt that was likely an accidental addition. It could have been from a number of different factors. When I reviewed the runoff situation today, there was some minor amounts of horse manure on the northwest corner of the pond, but it didn't amount to too much. After we reviewed that area, we walked along the ,proposed waizon route back to the pasture area, which is on the north side of the facility, and we discussed plans for the wagon route, which may help divert_runoff away from the pond which is in the southwest corner of the 40 acres out here. We also discussed re-establishment of grass in this pasture area which amounts to about .15 acres, and Thomases have plans to re-establish grass in this area this summer. I discussed that re- establishment of grass would return this to pasture area, which would take it out of the feedlot context. Right now, this entire 15 acres would have to be considered feedlot because it is bare of vegetation. While we are out here today, the bulk of the horses at the facility are out here. 'We also reviewed a manure storage area which is just south of that pasture area and Mr. Thomas indicated that Organic Conversions is likely'to be coming and picking up the manure from this stockpile area, which currently is on a side hill just north of one of the small wetlands that are in the woods. The stockpile area is probably about 50-100 feet by about 300 feet, give or take about 50 feet either direction, and I wouldn't want to venture to guess right now on depth of that manure stockpile. Mr. Thomas said he would give me a call after the manure is removed and I ay come back out and take a look at that point. We discussed, also, potential for more frequent pickup of the manure, and I also indicated that I would like to see a proposal for a permanent anure stockpile area. We also reviewed or inspected the area near where the horses wait for riders near the buildings and there is an intake pipe for runoff that comes out of a small confinement area adjacent to the waiting area. That runoff goes to a small wetland or collection area to the north of the building area and that material that drains over does contain or has come into contact with manure and it N ould appear that there is potential for seepage from that area rather than overland flow out, so I believe that the larger issue with that collection area is seepage to ground water. We summarized the issues discussed today in regard to the items that have to be addressed as: 1) re-establishment or establishment of grass in that 15 or so acre pasture area on the north side of the facility; r 4 2) addressing the stockpile issue by preparing a plan which would include identification or construction of a manure stockpile area and perhaps investigating a more frequent manure pickup by, in this case, Organic Conversions, but at any rate, so that there are no ground or surface water impacts related to that; 3) resolution of that issue related to the runoff that collects in that pond just north of the building site and is probably seeping away right now. I talked with Steve Gergen and Rich Brasch about providing plans for culverts and piping related to storm sewers in the area. They will be getting that to us, and that is in particular of interest in relation to the storm water collection area that is on the northeast side adjacent to Pilot Knob Road. We also discussed the wagon trail that will be constructed in the southwest comer of the pasture area which should assist in runoff from that pasture, in particular runoff that currently is ending up in the two surface water bodies to the southwest: 1~4 February 12, 2004 The Honorable Mayor, Pat Geagan and Eagan City Council Members, Mike Maguire, Meg Tilley, Peggy Carlson, and Cyndee Fields: On February 4, neighbors of the former Diamond T Ranch property were invited to a presentation of the proposed Platinum Development Group/Toll Brothers plan for development of that property. We asked questions and expressed many concerns. Though the developer has not yet submitted plans to the city for approval, I am writing to alert you to a preexisting condition which merits special consideration. The previous owners mismanaged manure and generally abused the property over the 23 years they operated the ranch. This is not a pristine property. It is a potential environmental disaster! The ranch had a long history of difficulties with various city and state agencies charged with environmental protection. Records of Conditional Use Permits (CUP) and violations are on file in various city offices, particularly the Water Resources office. My specific concerns are: • Storm water, for which holding ponds are being planned, can overflow. When they do, the quality of the water entering the wetland adjacent to the former ranch property, Pond LP 7.2, must be of a standard which does not contaminate the water. • There is a mountain of horse manure illegally stored on the property in violation of the city's CUP and various state regulations. The developer agreed to have it removed, but disturbing this storage location, as well as contouring the land, digging for sewers, and grading for streets, will stir up manure which exists all over the property. The wetland must be protected, and the builder must be held accountable if degradation of the water quality occurs. • The plan proposed shows townhomes to be located at the edge of Pond LP 7.2 with a 30-foot setback. That is much too close! The existing homes around the pond are set back 100 feet, and those adjacent to the proposed townhomes have much greater setbacks. • The proposed plan shows an extension of Wellington `.'.'ay through a cul-de-sac into the new - development. It would create a through street between Johnny Cake and Pilot Knob Roads. The neighborhood street, where children wait for the school bus, and where no sidewalks exist, would become a high-volume, dangerous street. Access into the development should not exist at the end of Wellington Way. To clarify the history of the property's problems, I am enclosing copies of some of the correspondence I have saved over the years. I appreciate your careful consideration of these issues, and I invite you to visit this site. My deck provides a good overview of the area. Please contact me if you have questions, comments, or a desire to see the pond and surrounding property. Sincerely, Sharon Holbeck 651-452-3169 sholbeck(d,comcast.net /sv c. Eric McBeth, Water Quality, Eagan Mike Ridley, Planning Commission, Eagan Russ Matthys, City Engineer, Eagan Steve Sullivan, Dakota County Parks Andy Berenberg, Senior Professional Engineer, RLK, Kuusisto Ltd. James Klarig, Minnesota Pollution Control Agency ` c. Neighbors: Glen and Louise Detlefsen Chris and Phyllis Dozier Cathy Jackson Tom and Linda Ferber Mike and Doris Carroll Brad Moir Keith and Tina Meikle}ohn Eric and Victoria Vevea. ~.J ..+y)Jhn • ~ % j~ 1i,..~.~ 1. ~J t 4 f(`--' J ~ ~~L S, > 3 I . ~ ~ ~ ~ ~ c.~l 11 - / 5 J 17 t `11 ' 05 1 i Environmental Assessment Worksheet process Chapter Environmental Assessment Worksheet process EA IN Guidelines provides information about preparing an Environ- An EAW is also prepared as the first step in scoping an EIS if mental Assessment Worksheet to determine whether an required for a project. A different approach is necessary to an- Environmental Impact Statement is needed for a project. The EAW swering questions on the EAW when it is used for scoping is defined by state statute as a "brief document which is designed purposes, see Chapter 4. to set out the basic facts necessary to determine whether an EIS is required for a proposed action." Prohibition on governmental approvals and on The purpose of the EAW process is to disclose information about construction during review potential environmental impacts of the project; it is not an ap- Whenever a EAW is mandatory or has been ordered, or when a proval process. The information disclosed in the EAW process has petition for an EAW has been properly filed, state law directs that two functions: to determine whether an EIS is needed, and to no final governmental decision may be made to grant a permit, indicate how the project can be modified to lessen its environ- approve or begin a project and that construction on the project mental impacts; such modifications may be imposed as permit may not begin until environmental review is completed. When an conditions by regulatory agencies. The information comes from EAW is required, review is completed when either the RGU deter- three sources: the EAW, comments made on the EAW and re- mines that no EIS is needed - issuance of a negative declaration - sponses by the RGU and project proposer to the comments. All or when the EIS is completed and found adequate. A final govern- three sources are important, but the EAW generally provides the mental decision is one that conveys rights to the project proposer, most significant information. whether the last or an intermediate decision. Final decisions include preliminary as well as final plat approvals since they The EAW process involves four major steps: convey rights that may be difficult to alter or undo, conditional use permits and zoning decisions if associated with a specific Step 1. The project proposer supplies all necessary data to the project. The Guide to Minnesota Environmental Review Rules Responsible Governmental Unit, which is assigned responsibility provides additional information about prohibited approvals. to conduct the review according to the EQB rules. Step 2. The RGU prepares the EAW by completing the standard Now the RGU is determined form supplied by the Environmental Quality Board. Environmental Quality Board rules assign responsibility for pre- Step 3. The EAW is distributed with public notice of its availabil- paring the EAW and determining the need for an EIS to a specific ity for review. The comment period is 30 calendar days. Certain unit of government. The Responsible Governmental Unit is gener- state, federal and local agencies always receive EAWs for review. ally the unit with the greatest responsibility for approving or Any person may review and comment in writing on an EAW. A supervising the project as a whole. For a mandatory EAW, the rule public meeting to receive oral comments is optional at the discre- automatically assigns the RGU as part of the mandatory category text. For an EAW initiated by citizen petition, the EQB chair or tion of the RGU, but is not commonly held. staff designee assigns the RGU. If a unit of government orders an Step 4. The RGU responds to the comments received and makes EAW or responds to a request of the project proposer, that unit is a decision on the need for an EIS based on the EAW, comments the RGU. A state agency is always the RGU for projects it will con- received and responses to the comments. The RGU and other units duct. of government may require modifications to the project to miti- gate environmental impacts as disclosed through the EAW process. Responsibility for EAW preparation and costs Project proposers are required to supply any data or other infor- When an EAW is required mation in their possession or to which they have reasonable access An EAW is required for any project listed in the mandatory EAW to the RGU, which prepares the EAW after reviewing the submit- categories in the rules at part 4410.4300. This listing, as well as ted information. Sometimes an RGU will hire consultants to mandatory EIS and exemption categories, can also be found in the prepare all or part of the EAW or to independently review the EQB's Guide to Minnesota Environmental Review Rules. An EAW proposer's submittal. This topic is covered in detail in the next is also required whenever any governmental unit with approval chapter. authority over the project determines that available evidence The environmental review statutes do not address the issue of indicates that the project may have the potential for significant charging for EAW costs, however, some local units of government environmental effects. This typically occurs in response to a have enacted ordinances that allow them to recoup at least part citizen petition. /`y~ Environmental Quality Board 1 Chapter Environmental Assessment Worksheet process of their expenses for preparing an EAW. In most cases, these are RGU may charge a copying fee. The RGU should also make extra relatively small since the proposer incurs most data costs. copies for requests by the public. The 30-day comment period The RGU must also send a press release to at least one newspaper After receiving a completed EAW from the RGU, the Environmen- in the project area announcing the availability of the EAW for tal Quality Board staff publishes a notice in the EQB Monitor, public review; a paid legal notice is optional. The press release which is distributed biweekly on Mondays. The public comment briefly describes the project, explains that an EAW is available for period begins on the distribution date of the EQB Monitorcon- review and comment and gives details such as when comments taining the EAW notice. The 30-day comment period usually ends are due, where to send comments and how to obtain a copy for on a Wednesday at 4:30 p.m. unless indicated otherwise by the review. If there will be a public meeting for oral comments, it RGU; comments must reach the RGU by this deadline. should be announced in the press release. The RGU should keep a record documenting that it complied with the requirement to At the same time the EAW is sent to the Environmental Quality supply a press release in case the release is not published. The Board staff, the RGU must also send copies to all offices on the law requires that a press release be distributed, not that it be EQB's official distribution list. Available online or from the EQB, published. the distribution list includes state, federal, regional and local units Anyone who wishes may review and comment on the EAW during of government that have expertise and responsibilities in the the comment period. Unless the RGU holds an optional public environmental area, as well as several libraries that serve as meeting, all comments must be submitted in writing within the 30 repositories for environmental reports. In addition, copies should days. The rules suggest that comments address: the accuracy and be made available locally for public review, at such locations as a completeness of the information, potential impacts that may local library or the RGU offices. The rules require that a copy be warrant further investigation before the project is commenced given to any person submitting a written request, although the ENVIRONMENTAL ASSESSMENT WORKSHEET PROCESS 30 CALENDAR DAYS EAW PREPARATION f--------------------------------------- im- RGU Proposer RGU promptly reviews Data submittal RGU RGU completes RGU distributes EAW RGU determines submits EAW's submittal for complete notifies EAW and to distribution list issues EAW is completed data completeness; returns to proposer approves it for press necessary portions to RGU proposer if incomplete distribution release VARIES ITOSWORKINGDAYS PUBLIC COMMENT PERIOD EIS NEED DECISION fi- Notice published in EQB Monitor 30-day RGU decides if project 30 calendar day RGU distributes Notice published in EQB 7 to 21 days after receipt of EAW; comment needs EIS, prepares judicial appeal notice of Monitor7 to 21 days 30-day comment period begins period findings of fact; and period beings decision after receipt of decision ends responds to comments continued r CALENDAR DAYS 3 WORKING DAYS TO 30 DAYS* 7 TO 21 CALENDAR r * Can vary depending on RGU. NOTES Time frames are diagramed as prescribed in the rules and should be considered minimum estimates. Day can mean either calendar or working day depending on the timeframe listed for a specific event. If the text lists 15 or fewer days, they are working days; calendar days are 16 or more days (4410.0200, subpart 12). Working days exclude Saturdays, Sundays and legal state holidays. How to count a period of time. The first day of any time period is not counted but the final day is counted (part 44100.0200, subpart 12). The last day of the time period ends with normal business hours, generally at 4:30 p.m. No time period can end on a Saturday, Sunday or legal state holiday. The 30-day period for EAW comments begins on the biweekly publication date of the EQB Monitor, which is always on Monday. Thirty days from a Monday always falls on a Wednesday, so the comment periods end on Wednesday unless it is a legal holiday. 2 EAW Guidelines f / FINDINGS OF FACT AND CONCLUSIONS SUPPORTING DENIAL OF PETITION REQUESTING PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET ON THE STEEPLECHASE RESIDENTIAL PROJECT, EAGAN, MINNESOTA A valid Petition requesting the preparation of an Environmental Assessment Worksheet has been received by the City of Eagan in connection with the Steeplechase Project. Under Minnesota's Environmental Review Rules, the Eagan City Council is charged with the responsibility of determining whether an EAW must be prepared for the Project. Minn. Rules Part 4410.1000, Subp. 3.13. The Review Rules provide the following with respect to this decision: Minn. Rules 44 10.1100, Subp. 6. EAW decision. "The RGU shall order the preparation of an EAW if the evidence presented by the petitioners, proposers and other persons or otherwise known to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects." Project Description 1. The Steeplechase Project is a residential development involving the construction of 36 single-family homes and 73 townhomes on 37 acres of land. The Project Site is located in a developed part of Eagan which is served by roads, sanitary and storm sewer, police, fire and recreational facilities. It is located immediately north and adjacent to Lebanon Hills Regional Park. 2. Surface water from the Site will migrate directly into on-site ponds and wetland area. Following pond retention, filtration and evaporation, excess surface water from the Site will at times migrate to a southeast pond LP-56 and to a pond on nearby County property, LP-7. 3. The Project Site was used until recently as a horse boarding and riding facility. As described in the Phase I and II Environmental Assessments prepared to determine the environmental condition of the Site, various types and amounts of pollutants and contaminants are present at various locations throughout the Site. Contaminant concentrations include: a small demolition fill deposit adjacent to a wetland in the southwest part of the Site; petroleum contaminated soil located in the north central; packed manure deposits in several areas; and wetland soils which have been impacted by manure runoff resulting in excess phosphorus concentrations. 4. An extensive amount of information about the Project and Site information has been prepared and submitted to the City Staff, the WTE Panel, the Parks Commission, the City Planning Commission, Dakota County and has been made Doc# 1913644\3 15:50* available to the general public. Project information received and reviewed by the City includes the following: Phase I Environmental Site Assessment Phase II Environmental Site Assessment Traffic Report Wetland Delineation Report Sequencing Discussion and WCA Replacement Plan Application Environmental Assessment Report Development Response Action Plan 5. The Project proposer has also prepared and submitted in response to City requirements the following: Site Grading and Project Site Plan Surface Water Drainage Plan Tree Mitigation/Replacement Plan 6. The Project has been reviewed prior to the Council's consideration of this Petition (8/17/04) by the following entities: Wetlands Technical Evaluation Panel City Parks Commission Dakota County Plat Commission The City Advisory Planning Commission 7. The Project, if authorized by the City Council by the approval of a Planned Development rezoning and subdivision authorization, will be governed by general and specific requirements contained in: Project plans, documents and application; applicable City ordinances and regulations; and by conditions recommended by the City Parks Commission and the Advisory Planning Commission. These plan requirements and conditions address the following elements, among others: wetlands modification; use and replacement; surface water drainage; Site grading and construction activity/mitigation; tree replacement and landscaping. 8. Specific conditions governing Project development in the event of approval are set forth in Attachment 1. 9. Due to the contaminated condition of the Site, the proposer has entered the Site into Minnesota's Voluntary Investigation and Cleanup (VIC) Program administered by the MPCA. Under the VIC Program, Project development will be preceded by the implementation of a Development Response Action Plan (DRAP) approved by the MPCA. The DRAP proposes and requires the implementation of the following generally described remedial measures to address the contaminated conditions on the Site: Doc# 1913644\3 /-5~ • The excavation and removal off site of all of the manure deposits. • The excavation and removal of soils in and adjacent to the wetlands which have been contaminated by manure. • The excavation and removal of the demolition debris deposit. • The excavation and removal of the petroleum contaminated soil. • The excavation and removal of all other contaminated soil encountered incident to grading activity. The DRAP also requires that the proposer monitor the quality of surface water in two ponds on site for a period of two years following completion of project development. 10. The manure excavation and removal activity described in the DRAP will be monitored as it is performed by Dakota County environmental staff. Potential Environmental Effects Alleged by Petitioners 11. The Petition recites concern about the quantity and quality of water from Site runoff discharging into both the City Pond known as LP1-7.2 and into lakes at Lebanon Hills Regional Park. 12. The Petition states that: (a) Site is known to be contaminated with a significant quantity of animal waste, which has been documented and recognized by the City of Eagan and the developer as a concern. (b) Density of proposed housing is expected to result in a total Site surface that is 32.7% impervious and may increase water levels in City Pond LP1-7.2 to a detrimental level. City Pond LP1-7.2 is bordered by homes on the southern, western and northern sides that may be affected, as well as wildlife around the pond. (c) Developer's proposal to remove a significant portion (69.7%) of the trees from the Site with mitigation well below this level. There is also concern that removal of other natural plant material will increase drainage especially in the City Pond LP 1-7.2. Responsive Information from Proposer 13. In order to build and sell houses on the Site, the pollutants and contaminants now present including particularly manure must be excavated and removed. The DRAP prepared and submitted to the VIC Program describes these excavation and removal activities. Following review and approval of the DRAP by the MPCA, the remedial actions proposed will be implemented and the pollutants and contaminants which likely have been a source of surface water contamination will 3 Doc# 1913644\3 15~ be removed from the Site. Following the conduct of these activities, the potential for surface water contamination on=site and/or downgradient from the Site should be significantly reduced. 14. To ensure that contaminants are not migrating off site, surface water monitoring will be conducted with surface water samples taken from on-site Wetlands C and D for the presence of phosphorous and nitrates for a period of at least two years following completion of the Project. See DRAP Section 5.5, p. 8. 15. The area draining directly to City Pond LP7.2 is approximately four acres in size at present. The drainage area directly tributary to City Pond LP7.2 is reduced under Project plans to approximately 2.3 acres, a reduction of approximately 43%. The tributary drainage area will include pervious surfaces (grass and naturally wooded buffers, etc.) amounting to approximately 88% of the area. The volume of water in LP7.2 will not be increased by the Project. 16. Over 22% of the Site at present is occupied by impervious or semi-impervious surfaces including houses, pole barns, buildings, gravel parking areas, hard packed surfaces, horse and county trails. 17. The amount of impervious surface resulting at the Site with Project development including roads, curbs, houses, sidewalks and driveways will be just under 28% of the entire Site. The surface water drainage, retention and treatment system as described in the Stormwater Management Report for the Project will dramatically improve the treatment of surface waters at the Site and improve surface water retention. The principal surface water management features included as part of the Project are NURP ponds, rain gardens and the better use of naturally occurring and improved wetlands. The NURP ponds provide volume and rate control such that there will be no increase in the rate of surface water movement between pre and post-development conditions. The stormwater ponds have been designed to comply with the City's stormwater plan and with applicable stormwater requirements. 18. In summary, the Project will result in an approximately 20% decrease in the rate of surface water flow off the Site, increase on-site surface water retention capacity and result in treatment of on-site surface water. 19. A number of mature trees will be cut down and removed from the Site incident to Project development. The amount of existing tree removal is approximately 69% of the resource. Many of the trees being removed are dead, dying and/or decayed mature trees. Pursuant to City ordinance requirements, 478 new trees will be planted throughout the Site. Overall, the viability of the tree resource at the Site should be improved significantly with the Project. 20. Tree removal, however, will not impact on or modify the stormwater drainage system developed for the Project. In addition, residential development will likely Doc# 1913644\3 /~er result in no net loss of grass cover and vegetative area in comparison to existing conditions. Conclusion 21. Evidence presented by the petitioners, the proposer and other persons as well as information known to the City demonstrates that: A. The remediation of the environmental contamination in the soils at the Site together with the construction of an engineered and approved surface water drainage system including NURP ponds, rain gardens and wetlands will reduce the potential for the migration of contaminants via surface water from the Site into on-site surface water bodies and/or off-site surface water bodies. B. The amount of surface water migrating to City Pond LP1-7.2 will be reduced rather than increased contrary to expressed concerns. C. The rate at which surface water migrates from the Site after development of the Project will be reduced rather than increased. D. No available information has been introduced to indicate that the Project will cause an increase in off site surface water contamination or migration. E. Surface water quality monitoring as proposed in the DRAP for the Project is the most logical and effective way to determine whether surface water emanating from the Project is contaminating on and/or off site water bodies. Surface water monitoring over at least a two year period will enable the identification and correction of any off site contaminant impacts occurring after construction of the Project. 22. The Project as presented to the City Council and subject to the requirements of City ordinances, regulations and specific conditions recommended by the Parks Commission and the Planning Commission will not have the potential for significant environmental effects. 5 Doc# 19136443 Agenda Information Memo August 17, 2004, Eagan City Council Meeting D. REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT (FORMER DIAMOND T SITE) - TOLL BROTHERS. ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Rezoning of 37 acres located at 4889 Pilot Knob Road from A, Agriculture to PD, Planned Development. To approve (OR direct findings for denial) a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots for property located at 4889 Pilot Knob Road; subject to the conditions listed in the Advisory Planning Commission minutes. To approve (OR direct findings for denial) a Preliminary Planned Development to create 36 single family units, and 73 townhouse units (109 units) for property located at 4889 Pilot Knob Road; subject to the conditions listed in the Advisory Planning Commission minutes. To approve (OR direct findings for denial) the Toll Brothers Wetland Replacement Plan for wetland impacts of the proposed Steeplechase of Eagan residential development. REQUIRED VOTE FOR APPROVAL Majority of Council Members present FACTS: ➢ In April the applicant submitted a similar proposal with 37 single family units and 82 townhouse units (119 units) with a through street to Wellington Way, this application was before the APC in May. After much public testimony about the Wellington Way connection, and overall development proposal, the applicant withdrew the application and requested to come back to the APC with a revised application in June or July. ➢ The current application is for 36 single family units and 73 townhouse units without connection to Wellington Way, the proposal includes a 2000 foot cul-de-sac. ➢ The applicant has revealed the site is contaminated with petroleum, demolition debris, and manure. The applicant has enrolled in many programs to assist in clean up. ➢ A Planned Development affords the developer greater flexibility in the design of the development and allows the City to require higher standards in exchange for that flexibility. As proposed there are deviations (lot size, setbacks) from the R-3 standards, the acceptability of these deviations is a policy decision for city officials to determine. 160 Agenda Information Memo Page 2 August 17, 2004, Eagan City Council Meeting New Business Item D ➢ On July 6, 2004, the Wetland Technical Evaluation Panel (TEP) met to discuss the consistency of the project's proposed wetland replacement plan with WCA laws and rules. The TEP is recommending approval subject to a few conditions, as indicated in its Findings of Fact (attached). ➢ At its July 19, 2004 meeting, the Advisory Parks Commission recommended approval of the revised wetland replacement plan. ➢ A traffic study conducted by SEH has suggested that that connection to Wellington Way will not significantly impact the neighborhood roadways to the west and north. ➢ The Advisory Park and Recreation Commission reviewed the current application on July 19, 2004 and recommended approval. The Advisory Planning Commission held a public hearing on July 27, 2004 and recommended approval only of the rezoning, but recommended denial of the specific planned development and preliminary subdivision. ISSUES: ➢ In addition to considering whether to approve the development plan itself, the City Council will need to determine whether to approve the connection of Wellington Way to the street system for the proposed development. The City's traffic plan for the area included an expectation that Wellington Way would be connected through the Diamond T property to Pilot Knob Road at the time of development. The Dakota County Plat Commission has not approved the Preliminary Plat as presented and requires a connection from Pilot Knob Road to Wellington Way. The City's Fire, Police and Engineering Departments prefer a connection from Pilot Knob Road to Wellington Way for reasons outlined in the staff report. A petition opposing the connection to Wellington Way has been submitted and is included in the packet. ➢ The proposed development falls within the 0-4 units per acre gross density of the property's existing LD Low Density Residential Comprehensive Guide Plan designation. Under the Comprehensive Guide Plan, the LD designation may be implemented through zonings that permit both attached and detached housing types. In considering the physical development of the site, though, the City Council will want to consider the relationship of the layout and physical structures to the range of public policies and standards that the City uses to determine whether a particular development is appropriate for a particular site. ➢ A number of issues have been raised regarding the environmental condition of the property as a result of the past use of the land and the potential impacts of the development proposal. The developer has taken steps to address the identified issues through the City, County and state agencies. A petition for an Environmental Assessment Worksheet (EAW) has been submitted to the Environmental Quality Board (EQB). That petition must be acted upon prior to any action on the proposed development as outlined in New Business Item C. 161 Agenda Information Memo Page 3 August 17, 2004, Eagan City Council Meeting New Business Item D 120 Day Agency Action Deadline: ➢ September 30th as requested by the applicant (City has already extended 60 days) ATTACHMENTS (7): Advisory Planning Commission Minutes on pages through Planning Staff Report pages through Developer submittal of alternative townhome site layout on page Summary of Diamond T Site Report by Dakota County on pages tLetters from MPCA regarding site clean up on pages throuThe Wetland TEP approval Findings of Fact on pages ~M throNeighborhood (including petition against Wellington Way connection) and County correspondence attached without page number. Color renderings of proposed unit types attached without page number. 16 C~, City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 6 IV. OLD BUSINESS A. REZONING & PRELIMINARY SUBDIVISION - TOLL BROTHERS A Rezoning of approximately 38 acres from A, Agriculture to PD, a Preliminary Subdivision (Steeplechase Of Eagan) to create 112 lots, and a Preliminary Planned Development to create 36 single family lots and 73 townhome lots, located on the old Diamond T Ranch site on Pilot Knob Road in the SE of Section 33. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated July 20, 2004. She noted the background and history. Joey Zorn, Toll Brothers, discussed the changes made to the proposal, addressing concerns of the residents, City Staff and the Advisory Planning Commission. Chair Heyl opened the public hearing. Tom Ferber 1518 Wellington Way stated concern for the rezoning of the property and benefits of wetland replacement. Erik Vevea 1496 Sherwood Way stated environmental concerns. Reviewed sequencing requirements. Loni Jacobson 4872 Knottingham Circle,stated concern for traffic on the corner of Wellington Way and Knottingham Circle and the safety of the resident. She referenced the Brittany 9t' Addition Gul-de-sac Agreement. Wondered if the residents could be compensated if the through street was approved. Kay Hamilton 4872 Knottingham Circle stated concern for the sidewalk plan on Wellington Way and emergency access. Concerned for safety since they use the streets for walking and playing. Dee Bass Knottingham Circle asked about the conservation easement for the pond in her back yard. Tom Sanders 1606 Sherwood Way stated concern for the traffic, the opening and appearance of the proposed gate on the extension of Wellington Way Brad Moir 1510 Wellington Way stated concern for environmental damage beyond the manure removal and continuation of Wellington Way. He asked that legislation be passed to permanently protect Wellington Way. /e~ 3 City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 7 Sharon Holbeck 4852 Wellington Court stated concern for the exploitation of Eagan's resources. Keith Meiklejohn 1511 Wellington Way stated concern for traffic, cul-de-sac variance, safety of residents, and the extension of Wellington Way. Mary Brogdon 1519 Wellington Way stated concern for density and neighborhood safety. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Joey Zorn, Toll Brothers asked the Commission to review Condition 18. Planner Cartney stated the correct density is 2.9 units per acre. Chair Heyl summarized the questions for the developer including: what are the benefits for Eagan, level of standards for construction of homes, tree mitigation plan, Dakota County denial of plat application, gate of Wellington Way extension, lack of Park Dedication Fee, wetland delineation, guarantee of environmental cleanup, conservation easement, traffic study and length of cul-de-sacs. Mr. Zorn responded by stating the following: homes will be constructed by higher level builders, the emergency access will have a break away gate that opens upon contact, the Park Commission recommended no Park Dedication Fee, and the conservation easement is for the pond in the southeast corner of the development and for the woodlands to the east (exhibit demonstrated easement). He continued by explaining that they prefer a cul-de-sac over the extension of Wellington Way and would like a condition regarding such, to address the Dakota County Plat Commission. George Kinney, Dakota County Environmental stated the County will be on site to guarantee the clean up of the hazardous materials on the property. He discussed the clean up process and various materials on the property. Gregg Hove, City Forester stated there are variable conditions of tress on the property. He explained that four diseased trees have been found and Oak Wilt has been found on the property in the past. He discussed the City of Eagan's Tree Preservation Ordinance that generally requires a two for one replacement. Member Gladhill stated R-1 zoning is reasonable for this property. Chair Heyl stated the developer has listened to the Advisory Planning Commission, City Staff and the Citizen's concerns extensively. The density meets the 0-4 units per acre restriction. She would like to see more detail on the types of single family and townhomes. She discussed the benefits if Wellington Way was extended and stated that the tree mitigation met City Code requirements. Member Hansen stated concern for the high density of townhomes. /e/,7 City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 8 Member Bendt stated his concern for pollution has been addressed, however he is concerned for emergency access. He stated, in his opinion, the connection of Wellington Way, while not popular, was in fact in the best interest of the area. He complimented the developer and the work that has been done. Member Matthees agreed with Member Bendt, however reiterated that the Advisory Planning Commission stated in May that the City should not settle for a higher density development in order to clean up something it did not create. Member Chavez stated concern for density and use of townhomes. He stated he is opposed to the proposal with the current use of townhomes. Member Gladhill stated the property will be required to be cleaned up with or without development. He is not comfortable with the number of townhomes and feels it should be developed as a single family development. They are not meeting setback requirements and there is nothing in it for the city to warrant the PD. Chair Heyl moved, Member Bendt seconded a motion to recommend approval of Rezoning 37 acres from Agriculture to PD, Planned Development, for property located at 4889 Pilot Knob Road (former Diamond T site). A vote was taken: Aye: Chair Heyl, Members Bendt, Dugan, and Matthees. Nay: Members Gladhill, Hansen, and Chavez. Motion carried 4-3. Member Heyl moved, Member Bendt seconded a motion to recommend approval of a Preliminary Planned Development to create 36 single family units and 73 townhome units for Steeplechase of Eagan located at 4889 Pilot Knob Road (former Diamond T Ranch site) subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan' • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Final building lot coverages for each lot (table form) 3. Architectural drawings of house plans including material descriptions. 4. Final Planed Development to be revisited by Advisory Planning Commission. /6 s City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 9 A vote was taken: Aye: Chair Heyl, Members Bendt, and Dugan. Nay: Members Gladhill, Hansen, Chavez, and Matthees. Motion failed 3-4. Member Heyl moved, Member Bendt seconded a motion to recommend approval of a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1500 foot Variance to the cul-de-sac length for property located at 4889 Pilot Knob Road (former Diamond T site) subject to the following conditions as amended: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al 131, 2, 3, 4, C1, 2, 3, 131, El 1. The property shall be platted. 2. The applicant shall fulfill the required tree mitigation through the installation of four-hundred seventy-eight (478) Category B trees, or an equivalent' combination of Category A, B, or C trees. 3. A long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry `staff in the actual placement of tree protection fence around these trees. 4. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 5. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. Stormwater runoff from approximately 92 percent of the site (34.9 acres) shall be treated via a series of on-site constructed ponds and existing wetlands. Minimum volume requirements for such treatment should be acceptable to the City's water resources coordinator. 7. A cash dedication in lieu of ponding is required for the 3.1-acre area of the parcel that is proposed to drain off site to the northwest, southwest, and southeast without any treatment. 8. The WTEP recommends approval of the proposed replacement and monitoring plan provided the following issues are addressed: /L 6 City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 9 A vote was taken: Aye: Chair Heyl, Members Bendt, and Dugan. Nay: Members Gladhill, Hansen, Chavez, and Matthees. Motion failed 3-4. Member Heyl moved, Member Bendt seconded a motion to recommend approval of a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1500 foot Variance to the cul-de-sac length for property located at 4889 Pilot Knob Road (former Diamond T site) subject to the following conditions as amended: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al BI, 2, 3, 4, C1, 2, 3, Dl, E1 1. The property shall be platted. 2. The applicant shall fulfill the required tree mitigation through the installation of four-hundred seventy-eight (478) Category B trees, or an equivalent combination of Category A, B, or C trees. 3. A long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these trees. 4. Tree Protective measures (,i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 5. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. Stormwater runoff from approximately 92 percent of the site (34.9 acres) shall be treated via a series of on-site constructed ponds and existing wetlands. Minimum volume requirements for such treatment should be acceptable to the City's water resources coordinator. 7. A cash dedication in lieu of ponding is required for the 3.1-acre area of the parcel that is proposed to drain off site to the northwest, southwest, and southeast without any treatment. 8. The WTEP recommends approval of the proposed replacement and monitoring plan provided the following issues are addressed: A~ 7 City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 11 20. This development shall provide a public street connection to the 5-acre parcel to the northeast (Parcel 050-29) (County plat approval requirement). 21. A variance to the County access spacing guidelines for the Wellington Way intersection with Pilot Knob Road shall be granted by Dakota County prior to final subdivision approval (County plat approval requirement). 22. The park dedication shall be satisfied through a cash dedication. 23. The development shall dedicate a conservation easement to the City over that portion of the site, as seen in Exhibit 12, `Conservation Easement.' The conditions of said easement to be in a form acceptable to City Attorney, pending approval of the City Council. 24. The development shall install an 8 foot wide bituminous connector trail extending from the existing west Pilot Knob boulevard trail, south and west, behind lots 77 to 84, to the existing County trail, within a 15 foot easement, to be dedicated to the City. Said trail to be built to City standards with the alignment to be determined in consultation with City and County staff. Said trail corridor to be established prior to the construction of homes. 25. The trail dedication shall be satisfied with a credit of $10 per lineal foot being given for the new connector trail and any balance due paid in cash. The credit may not exceed what would be required as a total cash trail dedication. 26. The Developer shall be responsible for preparing homeowners association documents for the development and shall also convey Lots 17, 18, and 19, and the private roads to the Association. The deed and homeowner association documents shall be approved by the City Attorney, prior to release of the Mylars for recording. " 27. The developer shall model the impact of the subdivision's runoff into the park ponds for Dakota County evaluation. 28. A phosphorus modeling study to identify non-point sources should be completed for Dakota County Evaluation. 29. A sign easement for Lot 4, Block 3, and Lot 18, Block 2, is required in a form acceptable to the City Attorney. A vote was taken: Aye: Chair Heyl, and Member Dugan. Nay: Members Bendt, Gladhill, Hansen, Chavez, and Matthees. Motion failed 2-5. Member Gladhill moved, Member Chavez seconded a motion to deny the Preliminary Planned Development to create 36 single family units and 73 townhome units for 8111, City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 12 Steeplechase of Eagan located at 4889 Pilot Knob Road (former Diamond T Ranch site) for the following reasons: 1. No demonstrable benefit to the City of Eagan. 2. Code requirements not met for R-1 or R-3 zoning. 3. Eagan already exceeds Met Council guidelines for attached housing. A vote was taken: Aye: Members Gladhill, Hansen, Chavez, Bendt, and Matthees. Nay: Chair Heyl, and Member Dugan. Motion Carried 5-2. Member Gladhill moved, Member Chavez seconded a motion to deny Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1500 foot Variance to the cul-de-sac length for property located at 4889 Pilot Knob Road (former Diamond T site) for the following reasons: 1. No demonsratable benefit to the City of Eagan. 2. Code requirements not met for R-1 or R-3 zoning. 3. Eagan already exceeds Met Council guidelines for attached housing. A vote was taken: Aye: Members Gladhill, Hansen, Chavez, Bendt, and Matthees. Nay: Chair Heyl, and Member Dugan. Motion Carried 5-2. V. OTHER BUSINESS There was no Other Business to discuss. VI. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors to be heard for items not on the agenda. VII. ADJOURNMENT Member Bendt moved, and Member Gladhill seconded a motion to adjourn the Advisory Planning Commission meeting at 10:30 p.m. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Ted Gladhill/APC Secretary Camille Yungerberg Recording Secretary PLANNING REPORT CITY OF EAGAN REPORT DATE: July 20, 2004 CASE: 33-PS-06-04-04 APPLICANT: John Helmer, Toll Bros. HEARING DATE: July 27, 2004 PROPERTY OWNER: Carol Thomas APPLICATION DATE: April 20, 2004 REQUEST: Rezoning, Preliminary Subd. Preliminary Planned Development PREPARED BY: Sheila Cartney LOCATION: 4889 Pilot Knob Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning of 37 acres from Agriculture to PD, Planned Development, a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a Preliminary Planned Development to create 36 single family units and 73 townhome units (109 units) for property located at 4889 Pilot Knob Road (former Diamond T Ranch site) in the SE 1/4 of Section 33. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11. Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planning Report - Steeplechase of Eagan July 27, 2004 Page 2 Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Subdivision: City Code Section 13.20 Subd. 6 states that "in the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. Planning Report - Steeplechase of Eagan July 27, 2004 Page 3 G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property is the former the Diamond T Ranch. The property was used for horseback riding, lessons and events and contained commercial boarding stables. According to the applicant "over the years, the site has been extensively manipulated to accommodate horse-riding operations. Land has been leveled to accommodate parking facilities and riding trails; animal waste has historically been stockpiled in some areas and pushed over slopes and into wetlands with heavy machinery. These practices polluted and degraded wetlands, destroyed trees, and dramatically altered existing topography." For the past eight months the city has received many letters in opposition of extending Wellington Way for development of the Diamond T Ranch. Some residents would like to see a trail connection from the surrounding neighbors to the County Park and some residents are concerned with dumping on the property and horse manure build up. Others are concerned with ponding and drainage. All correspondence is included as a separate attachment without page numbers. In April, the applicant submitted application plans for a rezoning from Agriculture to PD, Planned Development, a 123 lot Preliminary Subdivision, and a Preliminary Planned Development to allow 37 single family units and 82 townhome units (119 total units), with / 7c;o?, Planning Report - Steeplechase of Eagan July 27, 2004 Page 4 connection to Wellington Way from Pilot Knob Road. A public hearing was held before the Advisory Planning Commission on May 25, 2004. After much public testimony about the Wellington Way connection, and overall development proposal, the applicant withdrew the application and requested to come back to the APC with a revised application in June or July. EXISTING CONDITIONS A single family home is present onsite, with the intention to be sold and moved off the premise. The stables and other outbuildings are in the process of being removed. The site is heavily wooded in various locations and there is a wetland and pond present onsite. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single family residence R-1, Single family LD, Low Density Residential residential South Lebanon Regional Park P, Park P, Park East Church, Single family, PF, Public facility, R-1, PF, Public facility, LD, Low park Single family residential, Density residential, Park Park West Single family residence R-1, Single Family LD, Low Density residential Residential EVALUATION OF REQUEST 1. Planned Development Review Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. The applicant's narrative indicates that this is a unique residential development because of the proposed "walking trails and walks, trail connection to Lenanon Hills Regional Park, Curvilinear roadway system that encourages traffic calming, ample front yard setbacks that create grand front yards and open site lines, protection and enhancement of significant wetland features, removal of diseased and stressed trees and replace with new trees, and creation of a "village green" for community gathering and neighborhood recreational opportunities." Amenities - The developer is proposing a "village green" area for the townhomes. The village green is preserved open space for "community gathering and neighborhood recreational opportunities." The village green should be maintained by the Homeowner's Association. The single family homes have a sidewalk proposed leading to a trail to Lebanon Hills Regional Park. 123 Planning Report - Steeplechase of Eagan July 27, 2004 Page 5 Homeowners Association - A homeowner's association shall be established for this development. Lots 17, 18, and 19, Block 2 shall be maintained by the homeowner's association as well as the private streets, the townhome lots and the monument signs. The emergency connection to Wellington Way should also be maintained by the homeowner's association. All common lots shall be deeded to the homeowner's association Bulk Standards - as a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the R-3 and R-1 zoning district minimum and maximum standards. Setbacks - The table below indicates the proposed setbacks for the townhomes and the R- 3 standards and the proposed setbacks for the single family homes and the R-1 standards. Setback requirements are not established in a Planned Development zoning; however, the developer is proposing significant deviations from the R-3 standards. The R-3 setbacks are required from the perimeter of the site, as proposed each lot is platted and the setbacks are from the property lines. If the townhomes were not individually platted the majority of the townhomes would meet the perimeter setback requirement (one unit is 20 feet from the perimeter). City policy makers should determine the suitability of the request. Setback Town Homes Ordinance Proposed Front yard Steeplechase Way 30 feet 25 feet Front yard private street 20 feet 20 feet Side yard: 30 feet 5 feet Rear yard: 30 feet 20 feet Between units 20 feet 20 feet Setback Sin le family Ordinance Proposed Front yard: Pilot Knob Rd 50 feet 50 feet* Front yard: Wellington 30 feet 30 feet Side yard: Principal Structure 10 feet 10 feet Side yard: Accessory Structure 5 feet 5 feet Rear yard: Principal Structure 15 feet 15 feet Rear yard: Accessory Structure 5 feet 5 feet * Add on features may not meet setbacks as indicated by this table Building Coverage - The R-1 and R-3 zoning district allows for a maximum of 20 percent building coverage. According to the Site Plan, the overall site will have about 14.2% building coverage. All but nine single family lots meet the maximum 20% building coverage. The nine lots have a coverage between 20.2 and 23.6% these include Lots 11 and 16, Block 1 and Lots 1, 2, 3, 6, 7, 15 and 16 Block 12. Technically the townhouse lots individually exceed 20% building coverage; however, each lot is adjacent to a significant amount of common area. Planning Report - Steeplechase of Eagan July 27, 2004 Page 6 If, in the future, home owners want to deviate from the established building coverage a Planned Development Amendment or variance would be necessary. Building Height - Building height is limited to 35 feet in height for the town homes and single family homes. The submitted elevation plans do not indicate building height, as part of the final planned development the height of the buildings shall be established. Staff suggests the development maintain the 35 foot height maximum. Landscaping - Single family developments are not typically subject to landscape requirements, however there will be tree preservation/mitigation trees located throughout the single family area. R-3 zoning districts require a landscape plan with any new development. The submitted Landscape Plan is not a typical plan; the developer is proposing different options per unit type. The end units and central units have different plantings, because the end unit has more planting room. All plantings are proposed to be shrubs and there is no landscape plantings proposed in the rear yard. The tree mitigation plan provides for trees in the rear yard. Tree mitigation plantings are not considered part of required landscaping. The proposed townhome lots are smaller than typical townhome developments and lack room for additional plantings. Accepting the tree mitigation trees to the rear of the lots rather than additional landscaping is a policy matter for City Officials to determine. Parking - R-3 parking requirements include at least one enclosed or underground space and at least one outdoor parking space per unit. The plans show two enclosed garage spaces per unit and two driveway spaces per unit. There are 34 visitor parking stalls scattered throughout the town home portion of the development. The parking stalls are proposed to be 9 feet by 20 feet. Trash Enclosure - A trash enclosure location was not included on the preliminary plans for the town house development. The Zoning code does not address trash enclosures for this type of residential development. If the development is going to use some type of community dumpster, it should be enclosed in a structure(s) made of materials compatible with the development. Exterior Materials -The submitted color renderings do not indicate building finish materials, there appears to be an undefined siding and brick for the townhome development in neutral colors. Staff suggests to the Council and developer that a cementious siding be utilized. The Final Planned Development documents should provide more detail. Lighting - A lighting plan was not submitted, as part of the Final Planned Development a lighting plan should be submitted for the town house development. No light should reflect onto adjacent property or public right-of-way. Si a e - Two entry monument signs are proposed with this development. Both signs are located at the entrance of Pilot Knob Road. One sign is located on Lot 4, Block 3 and the other is located on Lot 18, Block 2. All signs are to be maintained by the homeowners association and should be placed on each lot by an easement. All signage should meet City Code Standards. Separate detailed sign plans are required for Final Planned Development. Planning Report- Steeplechase of Eagan July 27, 2004 Page 7 Advisory Park and Recreation Commission - This proposal was before the Advisory Park and Recreation Commission (APrC) as a development item at the May 17, 2004 meeting. The APrC continued this item until the June 14, 2004 APrC meeting. The APrC had concerns with the tree plan, horse manure, wetlands and water quality and are waiting for the Technical Evaluation Panel (TEP) recommendations. This item was not before the APrC on June 14`h because of the requested continuation, the APrC did review the revised application on July 19, 2004. The APrC did recommend approval of the proposed Steeplechase application with 13 conditions. The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. II. Preliminary Subdivision Proposal - The applicant proposes to develop the 37 acre site with 36 single family lots (109 units) and 73 town homes and on a 112 total lots. As proposed this will be a single phase development. Access is proposed via Pilot Knob Road with a 2000 foot cul-de-sac. Compatibility with Surrounding Area - The subject site abuts Pilot Knob Road. Single family uses are located to the north, east and west of the property. Lebanon Hills Regional Park is located to the south and east of the property. The town homes are proposed to abut the park and the single family lots will be on the north side of the property with four lots abutting Pilot Knob Road. Single Family residential uses are consistent with the surrounding area, town homes are being introduced to the area with this proposed development. Densi - The proposed overall density is approximately 2.9 units/acre. The property is guided low density residential allowing 0-4 units/acre. Lots - The townhomes are proposed to be individually platted. According to the R-3 zoning standards town homes require 6,000 square feet of area per unit. The lots range from 2,868 square feet to 6,922 square feet with an average of 3,853 square feet. The proposed Planned Development zoning allows deviations to this standard. The 36 single family lots range in area from 13,491 square feet to 26,021 square feet. The minimum lot size in the R-1 zoning district is 12,000 square feet; all of the lots meet this requirement. Grading - The site has large variations in topography with elevations ranging from 940 to 1000. All lots within the subdivision are proposed to be graded with initial development. The grading plan shows large areas with relatively steep slopes (3 horizontal feet: 1 vertical foot or steeper). The site should be graded to maintain slopes of 3:1 or gentler on newly graded slopes. The grading plan shows an area along the northern edge of the site adjacent to Lot 12, Hillcrest Addition where the proposed grades do not match the existing grades on that lot. The developer should be responsible for the construction of retaining walls where necessary to match existing /249 Planning Report - Steeplechase of Eagan July 27, 2004 Page 8 adjacent grades. Development grading is shown at or within Lebanon Hills Regional Park boundaries along a majority of the southern edge of the site. Grading should be limited to within the development site only. Grading of all roadways (private and public) should provide for a minimum of 5-foot wide flat area (less than 10% slopes) adjacent to all curbs. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's codified land disturbance and erosion control regulations. Storm Drainage- The storm water runoff from a large majority of the development is proposed to drain via public storm sewer and ponding before discharging to Lebanon Hills Regional Park (LHRP) to the south. Most of the site drains to landlocked basins within LHRP, with potential future trunk storm sewer pipe connections to Jensen Lake. Jensen Lake ultimately drains to Holland Lake near Cliff Road. The City Council has approved a project (City Project 905) regarding storm water drainage from the Park in the area of Holland Lake near Cliff Road. The proposed design of the storm water ponding system is designed to provide flood storage and protection for rainfall events consistent with current City standards. A small portion of the development site will drain northwest to an existing storm sewer system. This area is proposed to be smaller in size than what currently drains to that storm sewer system. The developer should install outlet skimmer structures in accordance with City engineering standards on all existing and proposed outlet pipes of ponds with wet pond volumes. Water Quality - This proposed 38.0-acre subdivision is located primarily in the upper portion of the City's LP1-Watershed, which flows west to east through numerous Class I, III, and IV waterbodies in Dakota County's Lebanon Hills Regional Park. Immediately downstream of the parcel and in the county park is Jensen Lake, a state public water and a Class II Indirect Contact Recreation waterbody, according to the City's Water Quality Management (WQMP). The northwesterly quarter of the parcel is in the BLP-Watershed and drains through Walden Heights Park to Thomas Lake, which is a Class I Direct Contact Recreation waterbody, according to the WQMP. The developer proposes to address City on-site stormwater quality requirements primarily by treating runoff via a series of six ponds and wetlands, two ponds of which would be new and one pond of which would be modified. A 2.4-acre area (Drainage Area 1) on the north side of the parcel is proposed to drain to a new, low-lying "dry" pond (Pond 1). Drainage Area 2 (15.8 acres) would receive stormwater from Drainage Area 1 and drain to new Pond 2. Drainage Area 3 (2.3 acres) would receive stormwater from Drainage Areas 1 and 2 and drain to an existing stormwater pond (City Pond LP-56), which is a Class IV Wildlife Habitat waterbody, according to the WQMP, and then drain to Jensen Lake. Drainage Areas 4, 6, and 7 (11.8 acres) would drain to Pond 6, which is the central portion of a flooded basin that historically had three small wetlands peripheral to it. The WQMP also classifies this basin as a Class IV Wildlife Habitat 1?7 Planning Report - Steeplechase of Eagan July 27, 2004 Page 9 waterbody. Pond 6 would equalize its level with Ponds 4 and 5, two of the historically small wetlands in the flooded basin. Drainage Area 5 (2.6 acres) would drain to Pond 5, which would drain into Lebanon Hills Regional Park on a greater than 100-year frequency or as desired with a manually controlled outlet structure. The 3.1-acre area of the parcel that is proposed to drain off site to the northwest, southwest, and southeast without any treatment would be subject to a cash dedication. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). The impervious proportions of the drainage areas would be used to calculate overall minimum treatment volume requirements for water quality purposes. Wetlands - The wetland delineation report for the project site (GME Consultants, Inc.; Project No. 10745) identifies five wetland basins subject to the City of Eagan's jurisdiction according to the Minnesota Wetland Conservation Act (WCA). Any proposals to drain, fill, or excavate these wetlands need to meet all provisions of WCA laws and rules. The report identifies the five wetlands as Basins A through E. Basin A, mentioned previously as City Pond LP-56, is considered a Type 4 wetland, under the classification system of the Fish and Wildlife Service. Type 4 wetlands are inland deep fresh marshes in which the soils are usually covered with six inches to three feet or more of water during the growing season. Vegetation may include cattails, reeds, and bulrushes. In this case, broad-leaf deciduous trees are in a semi-permanent flooded basin. Basin B is known as City Pond LP-7.2, which is also a Class IV Wildlife Habitat waterbody according to the WQMP. The delineation report identifies this wetland as a Type 3 wetland. Type 3 wetlands are inland shallow fresh marshes that are permanently inundated with six or more inches of water during the growing season. Vegetation includes grasses, bulrushes, and various other marsh plants such as cattails, arrowheads, and smartweeds. Basin C is identified as a flooded depression area that historically held three small wetlands. Together, they are considered Type 3 wetlands, according to the delineation report. Basin D, located near the north central portion -of the site, is also considered a Type 3 wetland by the delineation report. Basin E, located near the east central portion of the site, is not typified by the delineation report. However, it likely is a Type 3 wetland. There is significant evidence that all five wetlands have suffered varying degrees of degradation and varying amounts of fill by previous landowners. Degradation appears to be due to combined affects of horse manure leachate, horse trampling, and stormwater flooding. Planning Report - Steeplechase of Eagan July 27, 2004 Page 10 Wetland Replacement Plan - Due to the complexity of the wetland-related issues of this development, the City assembled its Wetland Technical Evaluation Panel (WTEP) to provide technically accurate and objective recommendations on the project relative to the consistency of the project's proposed wetland replacement plan with WCA laws and rules. The WTEP is comprised of staff with technical wetland expertise from the Dakota County Soil and Water Conservation District, the Board of Water and Soil Resources, and the City of Eagan. The WTEP review process occurred from June 3, 2004 through July 6, 2004. State regulations require the City to consider WTEP recommendations in its decision making process. According to the wetland replacement plan, the developer proposes to fill entirely Basins D, E, and one of the historical wetlands of Basin C (26,407square feet of fill). The plan proposes to replace those impacts by withdrawing 26,407 square feet of off-site wetland banking credits and by creating 26,407 square feet of public value credit as stormwater treatment ponds and wetland buffers. The proposed amounts of replacement meet the minimum 2:1 standards of the WCA rules. According to state law, before the City can approve such wetland impacts and replacement, the developer must document to the City's satisfaction specific attempts made in priority order to avoid, minimize, rectify, and reduce the impacts. All of those principles have been satisfactorily met. The City Council is scheduled to make a decision on the replacement and monitoring plan August 17, 2004, which is before the September 2, 2004 decision deadline. ANIMAL WASTE Historical use of the land as a commercial horse riding and boarding stable has significantly impacted portions of the site. Of primary concern to water quality are large deposits of manure which have been spread near slopes that ultimately drain to Basin C. Much of this manure has been in place for a number of years, but its stability and current nutrient leachate potential is unknown. Historical files on the parcel indicate dialogue and concerns expressed by residents and the City to the former landowner with involvement by the Minnesota Pollution Control Agency (MPCA). The City's concerns related to violation of the Conditional Use Permit for the horse stable business. The MPCA's concerns related to manure leachate and direct nutrient runoff into the wetland areas causing high fecal coliform counts. The MPCA also was concerned about animal feedlot operations. Utilities- Sanitary sewer of sufficient size and capacity is available at existing Wellington Way at the west edge of the site. However, the sewer pipe is not at an elevation to serve the entire development by gravity flow and a lift station will be required. The preliminary utility plan shows gravity sewer to serve nine units of the 109 proposed with the development, the lift station will serve 100 units. The lift station should be constructed in accordance with City engineering standards. /7 Planning Report - Steeplechase of Eagan July 27, 2004 Page 11 Water main of sufficient size and capacity is also available at Wellington Way for connection and extension through the site. A water main connection to loop the system within the development will also be made at an existing stub from the Hillcrest Addition to the north. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- Proposed Street Layout - The preliminary street layout plan is not acceptable. The plan shows a 2,000-foot long public cul-de-sac (named Wellington Way) extending west from Pilot Knob Road, without connection to the existing portion of Wellington Way. The 2,000 foot cul-de-sac should have a different name than Wellington Way since a connection is not proposed. The City Code allows for a maximum cul-de-sac length of 500 feet a Variance is necessary for the requested cul-de-sac length. The town homes in the southern one-half of the development are proposed to also be served by a long private street cul-de-sac system with one intersection to the proposed public street. The preliminary street layout plan submitted by the developer does not provide for a connection to existing Wellington Way, and no inter-connectivity with the existing neighborhoods to the west and north. Police Department - The Police Department has some concerns with the proposed development to the site. Comments suggest that southbound right turn lane into the development from Pilot Knob Road be provided. It was noted that a connection to the Wellington Way neighborhood from Pilot Knob Road would make it easier to navigate to the scene and reduce the number of intersections the responding offers would have to incur. There are 270 miles of roadway in the City of Eagan; it seems unrealistic to expect an emergency responder to remember there is an emergency access at the end of a long cul-de-sac. The issue of maintaining the emergency access was also questioned. Fire Department - The Fire Department indicated that a Wellington Way connection from Pilot Knob is preferred to increase safety, minimize pedestrian interference and enhance response time to that area. Existing/ Planned Street Network - Section 33 - The street extension of Wellington Way, and its ultimate connection to Pilot Knob Road, was planned as part of the overall phased development of Section 33 in the City. The right-of-way configuration for this phasing was provided with the development of the Brittany Additions in the early to mid-1980's. Agreements were signed by the developer stating this intent, and the temporary dead-end was designed and constructed to accommodate this extension. The homes in the neighborhood in Section 33 are surrounded by Cliff Road, Johnny Cake Ridge Road, and Pilot Knob Road, and Lebanon Hills Regional Park with six current access points to the collector roadway system, with four intersections onto Cliff Road (at Thomas Lane, Stonecliffe Drive, Beacon Hill Road, and Ridgecliff Drive) and two locations onto Johnny Cake Ridge Road (at Covington Lane and Sherwood Way), with none currently to Pilot Knob Road. The connection of Wellington Way to Pilot Knob Road will provide the final access point for the existing 700 single-family homes and 160 townhomes in the area. (See attached maps of Section 33 Street System/ Traffic Counts) 130 Planning Report - Steeplechase of Eagan July 27, 2004 Page 12 Recent daily traffic counts for Covington Lane east of Johnny Cake Ridge Road, Stonecliffe Drive south of Cliff Road, and Beacon Hill south of Cliff Road exceeded 1,600 vehicles per day. 2004 traffic estimates for Sherwood Way east of Johnny Cake Ridge Road are in excess of 1,400 vehicles per day. These traffic volumes are near the upper limits of typical residential street traffic. City staff has received consistent requests from residents within the Pinetree Pass neighborhoods to reduce the amount of traffic on Stonecliffe Drive. The extension of Wellington Way to Pilot Knob Road would be expected to reduce traffic on Stonecliffe Drive, and the other streets that currently intersect with Cliff Road and Johnny Cake Rdige Road. Traffic Study (See attached study & update memo). - The City directed the professional engineering firm of SEH, Inc. to perform a traffic study for the area to determine the estimated impact of vehicle traffic from the existing and proposed homes on Wellington Way and the expected level of service at the new connection at Pilot Knob Road. The traffic study indicates that the proposed development, with the Wellington Way connection, will not significantly impact the neighborhood roadways to the west of the development. An anticipated 25 percent distribution of new development generated trips to the west and north will be essentially canceled out by the redistributed trips from adjacent existing developments onto Wellington Way, thus creating equal or lesser amounts of traffic on the neighborhood streets near major collectors to the north and west. The traffic study anticipates that the trips from the proposed development, with the Wellington Way connection, will not significantly impact the neighborhood roadways to the west of the development due to the existing trips from neighborhoods within Section 33 that will now be redistributed onto Wellington Way. The traffic estimated for Wellington Way (approximately 930 trips per 24-hour period) is within the limits of what is typically defined for a local residential street (1,000-1,500 trips per day). During the peak hours of morning and afternoon traffic with the connection, the existing portion of Wellington Way is expected to accommodate about one vehicle per minute. Examples of residential streets within Eagan carrying similar traffic are Letendre Street (east of Heritage Lane in northwest Eagan), Carnelian Lane (east of Rahn Road in the west-central part of the City), and Deerwood Drive (east of Pilot Knob Road in central Eagan). The estimated 930 daily vehicle trips are a little more than half the traffic currently accommodated on Covington Lane, Stonecliffe Drive, and Beacon Hill Road (all in excess of 1,600 vehicles per day) near their intersections with Cliff Road and Johnny Cake Ridge Road. With the connection of the proposed Steeplechase/Diamond T development to Wellington Way the proposed development's intersection with Pilot Knob Road would be expected to operate at an acceptable level of service. With no development within Lebanon Hills Regional Park immediately to the south of the existing neighborhoods and good traffic carrying capacity on Johnny Cake Ridge Road, Cliff Road and Pilot Knob Road, the potential for "cut-through" traffic in the neighborhood is not a reasonable assumption. Planning Report - Steeplechase of Eagan July 27, 2004 Page 13 Dakota County Review (See attached letter) - The Dakota County Plat Commission has reviewed the preliminary subdivision plat and access to Pilot Knob Road will not be approved by the Commission without the street connection to Wellington Way. This would require all access for this development to come through the internal neighborhoods to the north and west. The Commission views the through street connection as vital to traffic flow in Section 33. In their review letter to the City regarding this subdivision, the Plat Commission indicates that "A connection between this development and the existing local street system to the west is required to facilitate an integrated system". Also required by the Plat Commission before approval of the plat is a public street connection to the 5-acre parcel (Parcel 050-29) to the northeast of this development to eliminate the future need for access to Pilot Knob Road, and a variance to the County road spacing guidelines for the Wellington Way intersection. Conditions of Approval - Streets/ Access/ Circulation - This development should extend Wellington Way from its existing terminus to Pilot Knob Road. This development should provide a public street connection to the 5-acre parcel to the northeast (Parcel 050-29). A variance to the County access spacing guidelines for the Wellington Way intersection with Pilot Knob Road should be granted by Dakota County prior to final subdivision approval. Easements/ Permits/ Right-of-Way- This development should dedicate public right-of-way along Pilot Knob Road (County Road 31) as required by Dakota County. The development should dedicate restricted access to Pilot Knob Road on the final plat for the subdivision, except in the area of the connection of the Wellington Way intersection. RLK Environmental Assessment - RLK, the applicant's consulting Engineering firm working on the proposal conducted an Environmental Assessment of the former Diamond T Ranch site. The full document is on file with the Community Development Department, below is a brief summary of the information contained in the document. The assessment concluded that the site has been affected by "different contaminants including petroleum, demolition debris, manure residuals, septic drain field residuals and dead, dying and stressed trees." The assessment determined that the site should be cleaned up regardless of development, if not cleaned up the situation will worsen and have adverse effects on the site and surrounding area. Site clean up is proposed with this development. Development on the site may impact surface water on and off site. The vegetation and tree cover will be significantly altered with development of this site. The assessment indicates that a noteworthy amount of trees are affected by oak wilt and chestnut borer. Removal of trees will require onsite tree mitigation. The applicant has entered into many programs to assist in cleaning up the site. They have established a Development Response Action Plan and Construction Contingency Plan. This plan is being submitted to the Minnesota Pollution Control Agency's (MPCA) Voluntary Planning Report - Steeplechase of Eagan July 27, 2004 Page 14 Investigation and Cleanup (VIC) and Voluntary Petroleum Investigation and Cleanup (VPIC). A letter from Braun Intertec is included addressing these programs. Tree Preservation - A tree inventory submitted with this application indicates that there are seven-hundred fifty-five (755) significant trees in the inventory for the entire site (detached home area plus attached home area). The significant trees consist mainly of Oak, Boxelder, and Elm. The development as proposed will result in the removal of a total of five-hundred twenty-six (526) significant trees (69.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this development proposal will be calculated based upon the specific use of different parts of the site. The northern third of the site will have single- family detached homes; allowable removal for this area is set at 40%. The southern two-thirds of the site will have single-family attached (multi-family residences); allowable removal for this area is set at 47.5%. The table below shows proposed tree removals. Detached Attached Units Units Allowable Removal 40% 17.5% Existing Trees 176 579 Proposed Removal 152 374(64.6%) (86.6%) 1 Required Mitigation 184 294 With a proposed removal greater than the allowable amount, there is a required tree mitigation for this proposal calculated at four-hundred seventy-eight (478) Category B trees. The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree mitigation through the installation of 385 Category B trees and 70 Category A trees, for a total equivalent of 525 Category B trees. The proposed Tree Preservation Plan states that "additional trees, not listed as being removed, may need to be removed due to grading revisions required during the approval process. Alterations to the total trees removed shall be mitigated to city requirements". It is up to City Policy makers to accept the unknown amount of additional tree removal. Per city standards, trees intended to be preserved on-site, shall have tree protection fence placed around them, with no encroachment inside fenced areas, and no additional tree removal shall occur without the approval of the City Forester. Dakota County Parks staff have suggested that a buffer along the common property line be installed. Parks and Recreation Parks - The area of the development is currently serviced by a variety of parks with a wide variety of amenities within the recommended radius of a service area for a neighborhood park of %2 to 3/4 of a mile. The largest of the parks, Dakota County's, Lebanon Hills Regional Park, extends the entire length of the developments south boundary. The park provides a number of recreational opportunities including, hiking, mountain biking, canoeing, pavilions, and a play structure. The Jenson Lake recreation area is located approximately 1/4 mile from the /473 Planning Report - Steeplechase of Eagan July 27, 2004 Page 15 development and will be directly accessible via a proposed trail connection. Much of Lebanon Hills is dedicated to preservation with hundreds of acres of quality woodland left undisturbed. The development area is also serviced by two existing City parks, George Ohmann and Walden Heights. Each of the parks has a play structure and field space. Ohmann is a heavily used athletic facility that includes a small shelter building. Both are available via a trail or low volume residential road. The development proposes the inclusion of a "village green or commons" that would be available only to residents of the development and maintained by the owners association. Because of the private nature of the space, no dedication credit could be given though the concept of a useable, private recreational space has been encouraged in developments having a similar unit count. The slopes, degraded condition of large portions of the site, and allowable density do not appear conducive to propose the dedication of park land, though there may be opportunity for the dedication of conservation easements. Easements over the more sensitive slopes, pond buffers and the quality woodlands of a site are very common. Because the under lying title for the property would remain as part of the development, no dedication credit would be given. The Developer has suggested in concept, the creation of conservation easements over sensitive areas surrounding the southwest pond and over significant tree preservation. Further clarification from the Developer may be necessary. Trails - At the suggestion of staff, the development includes the installation of an 8 foot bituminous connector trail, extending from the existing Pilot Knob boulevard trail, through a portion of the development to the existing County Park trail. The County trail runs under Pilot Knob to the east, via an existing tunnel, to the Jenson Lake recreation area and beyond. To the west, the County trail connects into a number of internal amenities including mountain bike and hiking trails. A direct trail connection from the existing boulevard trail on Pilot Knob has been sought for some time. The intention being to negate the need to cross Pilot Knob, to access County and City park facilities located on the east side of Pilot Knob. Dakota County has indicated general acceptance of the trail connection into the County park system. They have requested that signage be installed informing park users that bikes are not allowed in the park except on the designated bike trails. Should the connector trail be installed, the development would be given trail credit, utilizing the City formula of $10.00 per lineal foot. Any balance due would be paid in cash. The development plan also proposes the installation of a concrete sidewalk on the north side of the new residential street. While functional, credit would generally not be given for what are considered internal trails that are developed primarily at the discretion of the Developer. Dakota County Parks Continents - The grading plan has eliminated encroachments, any physical encroachment during construction (such as grading and tree loss) into park property is not allowed. Shared trees on the boundary should be removed only with Parks Department concurrence. Soil erosion into the park must be prevented. The preliminary grading plan does not depict any silt fence of define construction limits adjacent to the park. IF Planning Report - Steeplechase of Eagan July 27, 2004 Page 16 The townhome on Lot 76 as proposed is too close (only 25 feet) from the edge of the right-of- way easement. The trail underpass concentrates and constricts recreational use, including hikers, skiers and continued equestrian use. The easement route is also used by parks department's motor vehicles and heavy equipment, including large cross-country ski groomers. There is no information on the impact of stormwater runoff in the landlocked ponds in the southwest portion of the subdivision that could overflow south into a limited-capacity landlocked pond in the park (Wetland 33). The developer's consultant has agreed to model the impact of the subdivision's runoff into the park ponds for County evaluation. Excessive phosphorus runoff into the park could degrade water quality and recreational usefulness of the park. A phosphorus modeling study to identify non-point sources should be completed for County evaluation. Planning Report - Steeplechase of Eagan July 27, 2004 Page 17 SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning of 37 acres from Agriculture to Planned Development, a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a Preliminary Planned Development to create 36 single family lots and 73 townhouse units for property located at 4889 Pilot Knob Road, the former Diamond T Ranch site. As a Planned Development the developer has greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. As proposed there are deviations (lot size, setbacks) from the R-3 standards, the acceptability of these deviations is a policy decision for city officials to determine. Building height is limited to 35 feet in the R-3 zone, the submitted building elevations for the townhomes do not indicate a building height, and staff suggests the development maintain the 35 foot height maximum. Staff has received many letters in opposition of extending Wellington Way through this development. Other letters address illegal dumping onsite, manure build up, ponding and drainage. The correspondence is attached without page numbers. The landscape plan submitted is not a typical landscape plan; the developer is proposing different options per unit type. There are no landscaping plantings proposed to the rear of the units, tree mitigation trees are shown in the rear yard. Accepting the tree mitigation trees in the rear yard rather than additional landscaping is a policy matter for City Officials to determine. The proposed design of the storm water ponding system is designed to provide flood storage and protection for rainfall events consistent with City standards. The proposed storm water treatment is acceptable. The Wetland Technical Evaluation Panel met to discuss the consistency of the project's proposed wetland replacement plan with WCA laws and rules. The WTEP has recommended approval as long as four conditions are met which are listed in the conditions of approval. The Dakota County Parks have commented on the proposed development and have some concerns. The townhome on Lot 76 is only 25 feet from the edge of County right-of-way easement. The right-of-way is an easement, not platted right-of-way, as such, the City does not typically require a setback from an easement; City officials should determine if additional setback is warranted. According to Dakota County Parks, the developer's consultant has agreed to model the impact of the subdivision's runoff into the park ponds for County evaluation. A phosphorus modeling study to identify non-point sources should be completed for County evaluation. The preliminary street layout plan is not acceptable. The plan shows a 2,000 foot cul-de-sac extending west from Pilot Knob without connection to Wellington Way; this is a deviation from the 500 foot maximum. The preliminary street layout does not provide for a connection to existing Wellington Way and no inter-connectivity with the existing neighborhoods to the west and north. A traffic study conducted by SEH has suggested that that connection to Wellington Way will not significantly impact the neighborhood roadways to the west and north. The Dakota 19~nl Planning Report - Steeplechase of Eagan July 27, 2004 Page 18 County Plat Commission indicated prior to approval the development should show access to the 5-acre parcel to the northeast of this development. The Dakota County Plat Commission will not approve any development without a connection to Wellington Way. Eagan Engineering and Public Works are requiring a connection from Pilot Knob Road to Wellington Way through this development. Eagan police and fire prefer a connection from Pilot Knob to Wellington Way. ACTION TO BE CONSIDERED To recommend approval of Rezoning 37 acres from Agriculture to PD, Planned Development, for property located at 4889 Pilot Knob Road (former Diamond T site). To recommend approval of a Preliminary Planned Development to create 36 single family units and 73 townhome units for Steeplechase of Eagan located at 4889 Pilot Knob Road (former Diamond T Ranch site). If approved the following conditions shall apply: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Final building coverages for each lot (table form) To recommend approval of a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1500 foot Variance to the cul-de-sac length for property located at 4889 Pilot Knob Road (former Diamond T site). If approved the following conditions shall apply: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al Bl, 2, 3, 4, Cl, 2, 3, Dl, El 1. The property shall be platted. 2. The applicant shall fulfill the required tree mitigation through the installation of four-hundred seventy-eight (478) Category B trees, or an equivalent combination of Category A, B, or C trees. 3. A long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these trees. 4. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. Planning Report - Steeplechase of Eagan July 27, 2004 Page 19 5. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. Stormwater runoff from approximately 92 percent of the site (34.9 acres) shall be treated via a series of on-site constructed ponds and existing wetlands. Minimum volume requirements for such treatment should be acceptable to the City's water resources coordinator. 7. A cash dedication in lieu of ponding is required for the 3.1-acre area of the parcel that is proposed to drain off site to the northwest, southwest, and southeast without any treatment. 8. The WTEP recommends approval of the proposed replacement and monitoring plan provided the following issues are addressed: a. Application for an incidental wetland exemption will need to be submitted to the City of Eagan for grading work associated with lot development and Pond 6 within the non-regulated wetlands surrounding Basins C1, C2, and C3. b. A revised table showing proposed public value credit of at least 26, 407 square feet will need to be submitted to the City. Existing wetlands are not eligible for wetland replacement, either new wetland credit or public value credit. (THE CITY HAS RECEIVED THE REVISED TABLE). c. The applicant is responsible for at least 26,407 square feet of public value credit onsite or offsite through a wetland bank. If the wetland banking is not approved the applicant is responsible for all onsite wetland delineation. d. The applicant is responsible for providing evidence that offsite wetland replacement credits have been secured prior to issuance of a grading permit by the City. 9. Minimum 30-foot natural buffers should be provided next to wetlands on the site to support the City's Class IV-Wildlife Habitat designation of these waterbodies. 10. City water resources staff should be involved in an on-site pre-construction, pre-grading meeting to review and coordinate approved plans. 11. The site shall be graded to maintain slopes of 3:1 or gentler on graded slopes. 12. The developer shall be responsible for the construction of retaining walls to City Engineering standards where necessary to match existing adjacent grades. 13. Grading of all roadways (private and public) shall provide for a minimum of 5-foot wide flat area (less than 10% slopes) adjacent to all curbs. 14. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 15. The developer shall install outlet skimmer structures in accordance with City engineering standards on all existing and proposed outlet pipes of ponds with wet pond volumes. 16. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 17. This development shall dedicate public right-of-way along Pilot Knob Road (County Road 31) as required by Dakota County (County plat approval requirement). 18. The development shall dedicate restricted access to Pilot Knob Road on the final plat for the subdivision, except in the area of the connection of the Wellington Way (County plat approval requirement). Planning Report - Steeplechase of Eagan July 27, 2004 Page 20 19. This development shall extend Wellington Way from its existing terminus within the Brittany Additions to Pilot Knob Road (County plat approval requirement). 20. This development shall provide a public street connection to the 5-acre parcel to the northeast (Parcel 050-29) (County plat approval requirement). 21. A variance to the County access spacing guidelines for the Wellington Way intersection with Pilot Knob Road shall be granted by Dakota County prior to final subdivision approval (County plat approval requirement). 22. The park dedication shall be satisfied through a cash dedication. 23. The development shall dedicate a conservation easement to the City over that portion of the site, as seen in Exhibit 12, `Conservation Easement.' The conditions of said easement to be in a form acceptable to City Attorney, pending approval of the City Council. 24. The development shall install an 8 foot wide bituminous connector trail extending from the existing west Pilot Knob boulevard trail, south and west, behind lots 77 to 84, to the existing County trail, within a 15 foot easement, to be dedicated to the City. Said trail to be built to City standards with the alignment to be determined in consultation with City and County staff. Said trail corridor to be established prior to the construction of homes. 25. The trail dedication shall be satisfied with a credit of $10 per lineal foot being given for the new connector trail and any balance due paid in cash. The credit may not exceed what would be required as a total cash trail dedication. 26. The Developer shall be responsible for preparing homeowners association documents for the development and shall also convey Lots 17, 18, and 19, and the private roads to the Association. The deed and homeowner association documents shall be approved by the City Attorney, prior to release of the Mylars for recording. 27. The developer shall model the impact of the subdivision's runoff into the park ponds for Dakota County evaluation. 28. A phosphorus modeling study to identify non-point sources should be completed for Dakota County Evaluation. 29. A sign easement for Lot 4, Block 3, and Lot 18, Block 2, is required in a form acceptable to the City Attorney. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ,20. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G: Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the AdvisoryParks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 ST STAN OARO.CON I FINANCIAL OBLIGATION-Preliminary Subdivision-Steeplechase of Eagan There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Trunk S.F. $1,040/Lot 110 Lot $114,400 Storm Sewer Trunk (1) S.F. .095/Sq. Ft 915,050 Sq. Ft. 86,929 Storm Sewer Trunk R.3 .11875/Sq. Ft. 457,525 Sq. Ft. 24,695 Total $226,024 (1) Areas for storm sewer trunk computation will be finalized at time of and areas of dedicated pond easements at 3 feet above normal high water level. 221 C O U N T Y July 1, 2004 City of Eagan Attention Marilyn Wucherpfemmng Surveyor's Office 3739 Pilot Knob Road Dakota County Eagan MN 55122-1810 Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 Re: STEEPLECHASE OF EAGAN 952.891.7087 The Dakota County Plat Commission met on June 28, 2004, to consider the preliminary plat of Fax 952.891.7097 www.co.dakota.mn.us STEEPLECHASE OF EAGAN. Said plat is adjacent to CSAH 31, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The revised preliminary plat includes a new street layout that severs the connection between this parcel and the subdivisions to the west through Wellington Way. The plat now includes a 2000- foot cul-de-sac private road connected to a 2000-foot cul-de-sac single-family road that has the only external access to Pilot Knob Road (CSAH 31). While the City submitted this developer's revised plat, city engineering staff noted the desire to have the Wellington Way connection go through to the west as shown on previous submittals. The Plat Commission views a through street connection system vital to this area. This connection needs to be made between the existing development to the west and this plat to provide integration of the county road and the local road system, as shown on previous submittals. A cul-de-sac directly to CSAH 31 as the only access for this development is not acceptable. This connection is required to serve not only this new development but also, the existing residential development to the west and north. To provide further integration, ensure that the county highway system functions properly, and to avoid a future access that does not meet spacing guidelines to CSAH 31, a connection is also required to serve the. five-acre parcel to the northeast. The City of Eagan and the developer need to work together to determine the best method of providing access to these parcels. In addition, a connection from the private road to the single-family road should be considered near the west end of the plat to provide better service and eliminate a 2000-foot cul-de-sac private road. It is also recommended to have a connection to the two parcels in the exception area located to the northeast portion of the plat. This preliminary plat was not approved. The follovying issues are required and need to be aadressed prior to Plat Commission approval: 1) A connection between this development and the existing local street system to the west is required to facilitate an integrated system. 2) A connection is required to serve the 5-acre parcel to the northeast. 3) Spacing between the proposed access and existing street connections along CSAH 31 is less than the required spacing. The Plat Commission needs to see a request from the city for a variance to the spacing guidelines for Wellington Way at Pilot Knob. The Ordinance requires submittal of preliminary and final plats before a recommendation is made to the County Board. ' IVED JUL - 6 2004 3 A♦ w11/1 :fh QOSt~C.IYYn!'.KMJfI! _ ~ V126un~rY:lrYtr ErhlGYgi ~~fJ ~ City of Eagan Page two July 1, 2004 Traffic volumes on CSAH 31 are 17,800 and are anticipated to be 28,500 ADT by the year 2025. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall continence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's. Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss design features of any construction in public right of way. The County Transportation Department permit process reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, allowance and size of medians, etc. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: John Gorder, Assistant City Engineer Tom Colbert, Public Works Director RLK Kuusisto, Ltd. Toll Brothers BRAUN Braun Intertec Corporation Phone: 952.995.2000 1 1001 Hampshire Avenue S Fox: 952.995.2020 INTERTEC Minneapolis, MN 55438 Web: brounintertec.com July 21, 2004 Project BL-03-01600B Mr. Sheila Cartney City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Cartney: Re: Development Response Action Plan and Construction Contingency Plan for the Steeplechase of Eagan site, 4889 Pilot Knob Road, Eagan, Minnesota Please find attached a copy of the Development Response Action Plan and Construction Contingency Plan (DRAP/CCP) for the Steeplechase of Eagan site for you to enclose in the Planning Commission Packet. The DRAP/CCP is being submitted to the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Cleanup (VIC) and Voluntary Petroleum Investigation and Cleanup (VPIC) programs for their review and approval. The Dakota County Environmental Management Department and the MPCA Feedlot and Waste Management and Wastewater Sector Programs also are being asked to comment on the document. The DRAP/CCP addresses cleanup of known environmental impacts at the site that have been identified through Phase I and Phase 11 environmental site assessments (ESAs) conducted for the site. The DRAP/CCP also establishes procedures that will be used if contaminated materials are encountered during site redevelopment. The proposed cleanup or response actions that will be implemented during site redevelopment include the following: • Removal and off-site disposal of dump materials located in the southeastern portion of the site. According to the Phase H ESA, diesel range organic (DRO) and polynuclear aromatic hydrocarbon (PAI) impacts are present in the dump materials, as well as a large amount of construction debris some of which contains asbestos. Following removal of the dump materials, soil samples will be collected to evaluate if additional cleanup is needed. • Petroleum-impacted soil located in areas where used oil drums were located will be excavated and disposed of off site. Following removal of the impacted soil, soil samples will be collected to evaluate if additional cleanup is needed. • Removal and off site composting of manure. During excavation of the manure, silt fencing and other mitigation/protection measures will be used to prevent storm water impacts from the areas where manure is being removed. Following manure removal, the underlying soil will be tested to evaluate whether impacts from the manure build up are present and if additional cleanup is needed. • Removal and treatment of nutrient-impacted sediment. Nutrient impacted sediment from wetlands on site will be excavated as part of development, and remaining sediment will be treated to prevent nutrients from migrating downstream. • As part of development, a surface water monitoring program will be implemented to evaluate surface water quality. If the monitoring effort indicates surface water at the site is impacted, additional measures will be proposed to the MPCA to mitigate any impacts. Providing engineering and environmental solutions since 1957 City of Eagan Project BL-03-01600B July 21, 2004 Page 2 During response actions, an environmental technician will be on site to monitor and document cleanup activities. In addition, contingencies will be established to manage potential contamination that is encountered during redevelopment of the site. If you have any questions, please contact me at (952) 995-2454. Sincerely, BRAUN INTERTEC CORPORATION f A. Force Project Manager City Planner Ltr G ~pE OF~1 MEMORANDUM EAGAN POLICE DEPARTMENT Y. 3530 Pilot Knob Road Eagan, MN 55122 poLICE 651-675-5700 651-675-5707 FAX DATE: June 30, 2004 TO: Chief Kent Therkelsen FROM: Officer Todd Kirchgatter SUBJECT: Observations for the Steeplechase of Eagan development As requested, I am providing information on the public safety access for the proposed Steeplechase of Eagan development. The first safety issue I noticed with this development is the lack of a right turn lane from SB Pilot Knob Road to go west onto Wellington Way. SB traffic is heavy during the PM peak hour times. The addition of a right turn lane would significantly reduce rear end collisions at that time, and all others. There already exists a dedicated left-turn lane for NB traffic to go west at this intersection. That same lane doubles as a left turn lane for SB traffic as well. In looking at the entire square mile (Johnny Cake Ridge Road to the west, Pilot Knob Road to the east, Cliff Road to the north and Lebanon Hills Regional Park to the south), I made several observations relating to public safety. Due to the fact that Wellington Way is the street to be extended, I will use it in describing what I observed, using the east end of the cul-de-sac. When I counted homes, I seldom counted those where the back or side yards are adjacent to the roadway. I mainly counted homes with driveways on the route. All mileage is approximate. Emergency Access without the Wellington Way Connection to Pilot Knob Road If an emergency call is received on Wellington Way and the responding emergency vehicle is coming from the east, say the intersection of Pilot Knob Road and Cliff Road, your closest route to Wellington Way under current design is to travel west on Cliff Road to Thomas Lane and then go south. If taking that route to Wellington Way, the emergency vehicle would have to travel 1.3 miles to the east end of the current Wellington Way cul-de-sac. During that trip, that car will have to go through 11 intersections and pass by approximately 81 homes. Another option would be to continue west on Cliff Road, past Thomas Lane for .5 miles and use Beacon Hill Road and go south. Including the extra.5 miles on Cliff Road, that car would travel 1.35 miles to the east end of the current Wellington Way cul-de-sac. This route would require the emergency vehicle to travel through 14 intersections and pass approximately 69 houses. Emergency Access with the Wellington Way Connection to Pilot Knob Road By comparison, if there was access via Wellington Way an emergency vehicle coming from the Pilot Knob and Cliff Road would travel approximately.9 miles to the east end of the current Wellington Way Steeplechase Emergency Access June 30, 2004 Page two Cul-de-sac. During that trip, that car would have to go through 2 intersections and pass by approximately 37 homes. This access would provide a quicker and objectively safer route to emergency calls as described. Other Issues The next issue I would like to address is geography. From a public safety standpoint, finding your way around in this particular area is difficult. The current access available to emergency responders requires them to negotiate a large number of intersections, as described above to reach the Wellington Way cul- de-sac. A responding emergency vehicle operator would likely need to rely upon a map, or, in the future, GPS technology to be assured of using the most direct route through this area. Adding another access from Pilot Knob Road into the entire neighborhood would make it a easier to navigate by reducing the number of streets and intersections that must be navigated, at least to the S/E part of the square mile. This would reduce the response time to that same area simply by not having to stop and consult the map as many times. The last issue is the "public safety only" access between the Wellington Way cul-de-sac and the proposed Steeplechase cul-de-sac. I think there are several items to note here. First, the access would have to be maintained or cleared, especially in the winter time. It would have to be large enough for all emergency vehicles, including fire trucks. For this access to be practical it would have to be easy to get through. If it isn't, it defeats the time saving issue it's trying to solve. If it is easy to get through, then the general public will try to use it, creating calls/complaints to the police department from the area residents. Also, with approximately 270 miles of roadway in Eagan, it would be unrealistic for an emergency responder to remember that there is a "public safety only" access at that particular cul-de- sac. Please let me know if you have any further questions or comments. C/ Fire Chief Bob Kriha Eagan Planning Department a g~ T Eagan Boundary Location Map O Street Centerline Parcel Area Building Footprint ® rMF ea mom. - b ® Q 9 L' Asa ® © a ® m m ® ® Q 0 A a e 9 9 g,g to A'B s ~ w ' B A ® i e' ®a 6 Is .1 ~ ~ ~ ~ ~ ~ f3 4 ~ .dn1d b OC 0 `.""r 9 d ® 6 `s ® i Q ® d ~ ~ ~ 3 =f b tf D ~ - 6 0 i s ~ ®s 8 m J~~ fl • ~ L , s ~ I Subject ° ° . ® S Site ® o Q m 1000 0 1000 2000 Feet Develop ment/Developer. Toll Brothers Application: Rezoning, Prelim Subdivision Case No.: 3 - S-06-0404 Map P d usf ER .1. Pa 3" rasp data provided N by D ota Cou OHfc GIs ad 4 e at as of January 2004. 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I 0 Z = i- I D J Z a W J Q O 1- L~ J I W ~ZO O F zp Z CV 'i 00 ~Z r 0_WT_ (n i 1 O W~J Q J J Ww J LJ J 1 I O W W Z Z l • I J W J W II I 1 1 13 1 3 1 25 O i; 3 1 1 I 3 - ~ O O C 1~ O ~1 N1~1 -1-1~ N - 1 AY ~ ~W_~~o- WA ROApW READ I 1 8 a O~• Y M CENTER g IUAVI 2 2 1566 CURRENT ADT = = 1689 CURRENTADT a CLIFF OAD CLIFF ROAD ®~7 ® L , N ST P - BEA, JAW i it F T~~ Q r-<-- LL CURRENT L) o J Z Q- J Y AD W E8j O U : ._-W N N J - E - W N EE - HI I O r ERWOC D r` z CI WA _GRAi W PROPOSED 0 O i I G O STEEPLECHASE DEVELOPMENT E W Z WA O LL N W.L I i L1J E f 0 m Y O U S E W T. / /x9~y Y 1452 CURRENT ADT H Z 144 CURRENT ADT 1380 ADT w/ CONNECTION = 930 ADT w/ CONNECTION 780 ADT w/out CONNECTION Q. O O Lebanon Hills Regional Park i ADT = Average Daily Traffic ( 24 Hour Count ) G:Feas Repo s Stee 1 ha e SECTION 33 - STREET LAYOUT Johnny Cake Ridge Road/Cliff Rd./ 7/15/04 City of Eagan Pilot Knob Road/Lebanon Hills Regional Park 1C!:;4U W/ n O~Y v M CENTER g m w `n Q cl) INSTALLED 2000 PARK INSTALLED 1980 [IN STALLED 1981 = 2 TO 2002 O 1988 o CLIFF OAD A CLIFF ROAD _ I ¢ z j ® } 0.. ~I ® Ut o p -1l-~ J (EBB rJ tz, of o w r =11.- z~ EEP ® 5 , t CC G RAIL R>8E w 5 ~ - _.c. Q` N E ' 050-29 z cl 1 ERWO INSTALLED 1983 Lll I WA GRACI i PROPOSE D I G O STEEPLECHASE - DEVELOPMENT WA Q E LL _j HE p O m U ` S W. C7. O 'Z Y r J 1 z INSTALLED 1979 O _ OR EARLIER INSTALLED 1986 O gional Park Lebanon Hills Re G:Feas Re orts Stee lechose SECTION 33 - Existing/Planned Street Network Johnny Cake Ridge Road/Cliff Rd./ 7/16/04 City of Eagan Pilot Knob Road/ banon Hills Regional Park RECEIVED JUL 16 2004 SEH EAGAN ENGINEERING DEPARTMENT July 15, 2004 RE: Eagan, Minnesota Diamond T Ranch Traffic Study SEH No. A-EAGAN0411.00 14.00 Mr. John Gorder, PE Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear John: At your request, I am providing this letter as a supplement to the revised Diamond T Ranch Traffic Study, dated June 1, 2004. Since the traffic study was completed and with the input received at the May 25, 2004 Planning Commission meeting, the developer has revised the site plan to a lower density and without a connection to the existing Wellington Way. The purpose of this letter is to discuss the impacts of those changes on the traffic study. The change in development density is from 37 to 36 single family homes and from 82 to 73 townhomes. The reduction in traffic volume associated with this lower density of development is not very significant. The a.m. peak hour trips generated by the development will be reduced from 64 to 59, the p.m peak hour trips will be reduced from 81 to 75, and the daily traffic will be reduced from 835 to 772. If the development does not connect to the existing Wellington Way, the level of service (LOS) for the eastbound Wellington Way traffic at Pilot Knob Road remains the same. The a.m. peak hour LOS remains at LOS D, and the p.m. peak hour LOS remains at F, although the delay per vehicle is reduced from 67.5 seconds to 53 seconds. In addition, it appears obvious that without the connection, the traffic volumes on the existing Wellington Way cul-de-sac will remain at their present level. Tf the development was to connect to the existing neighborhood, the reduction in traffic volume with the less dense development would not create any operational differences from what was identified in the traffic study. If you have any questions with regard to this additional information, please contact me at your convenience. Sincerely, r . Thomas A. Sohrweide, PE, PTOE Manager, Transportation Engineering Services tlo x:\ e~eugm,`0411001colrespoidence\gonlet471504.doc Short Elliott Hendrickson Inc., 3535 Vadnais Cent Drive. St. Paul, MN 55110-5196 SEH is an equal opportunity employer www.sehinc.com 651.490.2000 800.325.2055 651.490.2150 fax Diamond T Ranch Traffic Study Eagan, Minnesota . SEH No. A-EAGAN0411.00 May 13, 2004 l SEH Multidisciplined. Single Source. Trusted solutions for more than 75 years. a~~ ,2- Diamond T Ranch Traffic Study Eagan, Minnesota SEH No. A-EAGAN0411.00 May 13, 2004 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of M' esota. Thomas A. Sohr fweide, PE, PTOE Date: ITT,) 4 Lic. No.: 20943 Reviewed by: Date Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 af~ /3, Executive Summary The City of Eagan has received a proposal to develop the Diamond T Ranch area in the southern portion of Eagan located on the west side of Pilot Knob Road between Cliff Road and the south city limits. The Steeplechase of Eagan Development cafis f6i 82 tovnihmnes and 377--s- mi- gle f-, tesidential units. The development is also planned to connect to Pilot Knob Road on the east and Wellington Way on the west. This study was conducted to determine the impact of the proposed development on existing roadways and the proposed intersection with Pilot Knob Road. It is estimated the proposed development will generate 835 vehicle trips per day. Of those trips, 210 trips will be added onto the existing portion of Wellington Way. Additionally, 582 vehicle trips per day will be added onto Wellington Way from adjacent developments as a result of the new connection with Pilot Knob Road. The existing homes on Wellington Way generate 144 trips per day. Therefore, we estimate the proposed development and the extension of Wellington Way will generate 792 new trips and 936 total trips daily onto the existing portion of Wellington Way. The development's intersection with Pilot Knob Road was analyzed to determine the impact of the proposed development. The analysis shows the proposed intersection of Wellington Way and Pilot Knob Road will operate adequately with the addition of the new development traffic and the redistributed traffic due to the extension of Wellington Way. Assuming the proposed intersection operates as a unsignalized, one-way stop control on Wellington Way with free flowing traffic on Pilot Knob Road, the intersection operates at a LOS "A" for the AM and PM peak hour. Although the eastbound left turn movement would operate at LOS "F', this is not unusual during peak hours at a stop controlled intersection. It is anticipated the trips from the proposed development will not significantly impact the neighborhood roadways to the west of the development due to the existing trips that will now be redistributed onto Wellington Way. The traffic increase on Wellington Way is within the limits of what is typically defined as a local residential street. Diamond T Ranch Traffic Study A-EAGAN0411.00 Eagan, Minnesota ~ U Table of Contents Certification Page Executive Summary Table of Contents Page 1.0 Introduction .............................................................................................................1 2.0 Data Collection ........................................................................................................1 3.0 Analysis ...................................................................................................................1 3.1 Trip Generation 2 3.2 Trip Distribution 2 3.3 Capacity Analysis 2 3.4 Additional Neighborhood Concerns 3 4.0 Summary ..................................................................................................................3 List of Figures Figure 1 - Proposed Development Figure '2 - AM Peak Hour Traffic Volumes Figure 3 - PM Peak Hour Traffic Volumes Figure 4 - Daily Traffic Volumes List of Appendices Appendix A Traffic Count Data Appendix 8 Capacity Analysis SEH is a registered trademark of Short Elliott Hendrickson Inc. Diamond T Ranch Traffic Study n~ A-EAGAN0411.00 Eagan, Minnesota Page i lam' May 13, 2004 Diamond T Ranch Traffic Study Prepared for Eagan, Minnesota 1.0 Introduction The City of Eagan has received a proposal to develop the Diamond T Ranch area in the southern portion of Eagan located on the west side of Pilot Knob Road between Cliff Road and the south city limits, as shown in Figure 1. The Steeplechase of Eagan Development calls for 82 townhomes and 37 single- family residential units. Access to the development is also planned to Pilot Knob Road on the east and Wellington Way on the west. This study was conducted to determine the impact of the proposed development on existing roadways and the proposed intersection with Pilot Knob Road. 2.0 Data Collection The proposed development will have ingress and egress via the intersections of Wellington Way/Pilot Knob Road, Sherwood Way/Johnny Cake Ridge Road, and several intersections to the north. To analyze the impact of the proposed development on the existing area, peak hour traffic count data was obtained for the following intersections: • Sherwood Way/Johnny Cake Ridge Road • Pilot Knob Road/Cliff Road • Thomas Lake Road-Stonecliff Drive/Cliff Road Turning movement traffic counts were conducted at Sherwood Way/Johnny Cake Ridge Road on April 28, 2003 and at Pilot Knob Road/Cliff Road on April 29, 2003 during the AM and PM peak hours. Turning movement counts conducted on August 9, 2001 for the AM and PM peak hours at Thomas Lake Road-Stonecliff Drive/Cliff Road were obtained from Dakota County. This traffic count data is included in Appendix A. 3.0 Analysis To analyze the impact of a development on an existing street system, the amount of traffic to be generated from the development needs to be determined. The analysis is then conducted for the AM and PM peak hours of the surrounding road system A EAGAN041 1.00 Page ge 1 3.1 Trip Generation The Th Edition of the Institute of Transportation and Engineers Trip Generation Manual is the recognized source for estimating the amount of traffic to be produced by a particular type of development. This manual indicates single-family residential homes generate approximately 9.57 trips .ateJ n 5 .,;,,~-ps r~„nng r and 1 01-xri}~s during-thP P1~ petf n peak hour. It also indicates residential condominiums/townhouses generate approximately 5.86 trips per day, 0.44 trips during the AM peak hour, and 0.52 trips during the PM peak hour. Therefore, it is estimated the proposed development will generate 835 trips per day, 64 trips during the AM peak hour (13 trips into the development, 51 trips out of the development), and 81 trips (53 in, 28 out) during the PM peak hour. 3.2 Trip Distribution The traffic volumes generated by the proposed development then need to be distributed to the surrounding street system. Based on the existing turning movements during the peak hour periods, we estimate approximately 75 percent (625 vehicle trips daily) of the development traffic will enter/exit east to Pilot Knob Road and 25 percent (210 vehicle trips daily) will access to and from the west via Wellington Way and Sherwood Way and the north via several different intersections. The proposed development will generate approximately 17 trips (4 entering, 13 exiting) during the AM peak, 21 trips (14 entering, 7 exiting) during the PM peak, and 210 trips (105 entering, 105 exiting) daily on the existing portion of Wellington Way. In addition to the new development, it is believed traffic from surrounding developments will use the new connection with Pilot Knob Road as ingress and egress. An estimated area of influence from Westminster Circle to the north and Norwood Drive to the west will contribute redirected trips to and from Pilot Knob Road via Wellington Way. It is anticipated that 57 trips (41 entering, 16 trips exiting) will be redistributed onto Wellington Way during the AM peak and 77 trips (30 trips entering, 47 trips exiting) during the PM peak. The new access will generate an estimated 582 redistributed trips (291 entering, 291 exiting) daily. The existing homes on Wellington Way, which generate approximately 144 trips per day, will also be able to access Pilot Knob Road. Therefore, we estimate the proposed development and the extension of Wellington Way will generate 792 new trips and 936 total trips daily onto the existing portion of Wellington Way. This volume of traffic is consistent with a local residential street. The existing turning movement counts were also used to distribute the anticipated traffic volumes. The proposed development, redistributed, and existing traffic volumes are shown for the AM peak, PM peak, and daily volumes in Figures 2, 3 and 4, respectively. 3.3 Capacity Analysis Capacity analysis is a measure of traffic flow. It uses traffic volumes and operating conditions to determine a level of service (LOS). The levels of service range from "A" to "F', with "A" being free flow, minimal delay Diamond T Ranch Traffic Study A-EAGAN0411.00 Eagan, Minnesota Page 2 conditions, and "F" being forced/stopped flow conditions with significant delay. Typically in the metropolitan area, intersection levels of service of "D" and "E" are acceptable during the AM and PM peak hours. Of concern for this development is how the intersection with Pilot Knob Road will operate. Assuming the proposed intersection operates as an unsigna ize , one-way stop control on Wellington Way with free fluwhig-~ traffic on Pilot Knob Road, the intersection operates at a LOS "A" for the AM and PM peak hour. The intersection experiences 1.2 seconds of delay per vehicle during the AM peak and 2.8 seconds of delay per vehicle during the PM peak. However, the eastbound left turn movement exiting the development will operate at LOS "F", with a delay of 32.9 seconds/vehicle during the AM peak and 90.7 seconds/vehicles during the PM peak This is not unusual during peak hours at a stop controlled intersection. The capacity analysis outputs are included in the Appendix B. 3.4 Additional Neighborhood Concerns There may be some concern on the part of the neighborhood to the west as to the traffic the proposed development will add to the existing roadways. It is our estimation that the anticipated trips from the proposed development will not significantly impact the neighborhood roadways to the west of the development. The anticipated 25 percent distribution of new trips to the west and north will be essentially canceled out by the redistributed trips from adjacent existing developments onto Wellington Way, thus creating equal or lesser amounts of traffic to the west. Additionally, the neighborhood may be concerned that the extension of Wellington Way may attract cut-through traffic from the boundary streets. With the existing conditions of no development to the immediate south of the study area and good traffic carrying capacity on the boundary streets, the potential to "cut-through" the neighborhood does not appear high. 4.0 Summary The analysis shows the proposed intersection of Wellington Way and Pilot Knob Road will operate adequately with the addition of the new development traffic and the redistributed traffic due to the extension of Wellington Way. It is consistent with two-way/one-way stop controlled intersections that left turning vehicles from the minor street at an intersection may experience greater delays than other vehicles at the intersection. The analysis for the intersection shows this holds true for the proposed Wellington Way/Pilot Knob Road intersection. However, due to the low number of left turning vehicles off of Wellington Way onto Pilot Knob Road, the intersection will continue to perform at an adequate level of service during the peak hours. It is our estimation that the anticipated trips from the proposed development will not significantly impact the neighborhood roadways to the west of the development due to the existing trips that will now be redistributed onto Wellington Way. We anticipate the proposed development and the extension of Wellington Way will generate 792 new trips and 936 total trips daily onto the existing portion of Wellington Way. The traffic increase on Wellington Way is within the limits of what is typically defined as a local residential street. Diamond T Ranch Traffic Study A-EAGAN0411.00 Eagan, Minnesota Page 3 List of Figures Figure 1 - Proposed Development Figure 2 - AM Peak Hour Traffic Volumes Figure 3 - PM Peak Hour Traffic Volumes Figure 4 - Daily Traffic Volumes l~, 1T ~ ~,4 c:. ~ `S'`-~ •1•_ T.~ _ _~5_ - ` Vic] ♦ rl ,u s tel.-- g 7 .-r c1, su x 3 V g r r t ~ - -.'wt •C I CV t + }l ~l 14 ,.4+Sr N ~~~,`r_11 \rn.+`511 1 fi t 1 9~ J tLL. > s v,® d,{rj ltktw' P '~~i 'l- it 1 t : * Clr!S O~L"a- t rli fr ;a . r H 'f-}! i~ T ~;.M t Wtlde Hess Flan r I ' 1tn vtp°-+9Tln1• El tl :ol rt~~' t1~ 1 } fit, .f ~r vm f- ~ C7• ± ` Ji. - ~ 3 , a j rE L 1 , ~ ~eakes d'~: w~ de+e: ~a e_':' ~ ( 1 i iV N lif 4 r ~cV H~I1j [ L + l,t5 _ d Oak Leah` a 1 P~Pes yj- S rT-. Ite ckoiy r`~ It cam. Grp 5~ '1. a- ~Lnbe 2Y.; Y~ a a \ e]ro~~is'C_c~t'•CJ `~F . "f .tip a A ~q' "`C •c r rl~ f 1" r Cli tllt•~vmtYxrwd~J- "1'.."~~,f~ tt 7 1y -,CL} Y'r Lancasl~~J t~' ~u ~v~• ! Fch l_ds j.~tf 3 . r } ,~^d .l-'- oar lid yt1TI `~J~ ref nt l ~ s 7. ISI >y 1i~e♦ Camei6 a a r ~ F ~ t' y n ~ r t r ~ r - ~ t .r ~ n. iv ~ c ~ ~•\C ~~+~.~5 d 15 f ",j •sl $t j ~cc} ' ' CUR r ~ X(. ~ ~ !rr ~'LL+ 3 • 5.♦'. Z 5 J c 5. rij U> u ti~ li/ 'B-` i ptii T~ 1~•\I ~i ~`7C 91 I { ( - ' Wr o ` a Fi ~ ~ h hen ~ \ > 5 . =1 _Tp ♦.e i Me%' i ] ~`--1, P.. rji y y +~r^t - s , Y •~'~"---f"n - C~ r'~~9 an ~ 1 P i1 I jG .Y J / _ • F2 6 1 ,t.J P' {1 ~Y 4 tdS„."`a. 1 t1Y ~ t t=a; rec.-.' - a ~•t•.r" t P nelreep ,t . ~P b `mac' F~ t w } 1 1 r1~ 1`J~; 11 a ,q,o~d 'IV V, 'I_[n i-wJ [ ~F i a) „ Y M C- a I._ F/j ' ~ - S ,iSr uvcar it - Y r yY J a - 1 t° .P - ~ L I =Za ""°t _ f i -+ndre _Y• { - + 125 n t_'~ ~ ~5.'. w - ter) 5 r t~~ j 5 T y _.I »Y'an,1261h J • •.o ea. y ab ~r Ed9ernont o.. y h . ~~,~•+~Cove~a - - ` °~L.c J yea y., ~ re 5 ,in t r ul • • ~ - t .c' _ ' r _ _ •Q'~ ..~3i • Ed nb 4! i * Y3, ''_r> 4c•,,.rtg.~la : -.r .i4L; i t,1281h~CI..-, 3535 VADNAIS CENTER DR. Development Location ST. PAUL, MN 55110 11 Figure _ PHONE: (651) 490-2000 • • T Ranch Development FAX: (651) 490-2150 1 WATTS: 1 SOCI-321-2055 Eagan, Minnesota YE ~ . . 3/71- 1/20/- r ..x.; 10/12/- L+ 3/22/- _ Wellington Way/Sherwood Way Intersection e• q Jf-f w r J!~ S 1 5/6/44416 .Y E 20/19/--l 41 t 5/11/- 441840 a 18/311- i m Q Wellington Way/Pilot Knob Road o Intersection 0 a Legend ® Proposed Road Proposed Redistributed Existing LU New Development De T~aP ent Traffic Traffic ~ .a isc o Intersection 3635VADNAISC24TERDR. FILE NO E ST. PAUL. MN 55110 AEAGAN0411.00 AM Peak Hour Traffic Volumes Figure C !i~ PHONE: (851)490-2000 Diamond T Ranch Development o FAX (651) 490-2150 0 ~ 5EH ~%hJ~o° m5-2OSS Eagan, Minnesota L 1/23/- 3/14/- 6/26/- L+ 1 r 11/19/- -s Wellington Way/Sherwood Way Intersec ion r' s 21 /21 441425 4J 4' 41 t E 11/12/-j X 19/35/- 44565 10/21 - 21 1 Wellington Way/Pilot Knob Road CL` Intersection' 0 Legend Proposed Road Proposed Redistributed Existing U.1 New Development Development Traffic Traffic Lu Traffic 5 m intersection Co LO m< 3535VADNAISCENTER OR. FILE a oi'1oo PM Peak Hour Traffic Volumes E - J ST. PAUL, MN 55110 AE Figure PHONE: (851)490-2000 Diamond T Ranch Development O p FAX: (651) 490-2150 3 ° SEA! wATTS:eoo-325.2055 Eagan, Minnesota www.sehft.com G ?'p L Z- L 21/171/- 21/171/- 83/192/- r 83/192/- z r 84/192/- - Wellington Way/Sherwood Way j' inteirsect)on I N Fi + 1 i r t 167/134/- 41 • H 167/134/- 41 } 210/582/144 146/243/- ¢ 146/243/- - H a Wellington Way Wellington Way/Pilot Knob Road Intersedtion in O O o Legend e Proposed Road Proposed Redistributed Existin w 2 New Development Development Traffic Traffic ~ a Traffic S o • Intersection N J/ S 3535 T. VADNAIS CENTER DR. Fl~"° Daily Traffic Volumes E ) ST. PAUL. M MN 551 55,110 0 AEAGAIV041,.0o Figure PHONE: (851) 490-2000 00 FAX(651)490.2150 Diamond T Ranch Development WATTS: 800-325-205S 4 SEH www.mhlnc.com Eagan, Minnesota 3- Appendix A Traffic Count Data a O 0 C O Q NV Q O O coo .p N apW r- c) = N pp r` N Q co N O z CO S `O ^ `O c7 co r, •O O N P N Q O ^Nn NnNN0 N N--^n NN^CVN r) O CO L (n C1 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 O O O O 06 Q m Y cz 0000 00000 00 0 00000 00000 000 U O O ro C O N c Cp 0 t 0000 00000 00 0 00000 00000 000 00 - LON y _o^ 00 00 O 4 c C • J 0 0 0 0 O o 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O O O ~l) a i ^ 00 O Ca 0 Z U Q z r 0000 00000 00 0 00000 00000 0000 CD ~ ca J po LL a. Q C) .^OC^V U O olIqO 2-0 1ro co Iq r,PNN0 CA N P Q -3O •IS O ~ •oO 04 I, co I~ t\ O N CD O O O O O O O O O 00 O O^ 0 0 O O O O O --o O O a N C m DLO L O C'4 co ONNC)r- NN Q nQCA Q~~ L CD ^ CO r) ^ Cl) 00 Uj cti c~ c LZ ` O.O.- CA CJ QLO r) a0^ P ONO.OQ U]U7to co r') OQ-O O U ~ 0 L NO OLO Q P O O to 07 O O ON Cch PQ 000 OOOOO 0- OOOOO OOOOO ^---0 0 0 C 722 -6 P O P -0 •o •0 U) co r. n O LO U) ~O r, co q Q O P n N O Q O ~Nr) V •ONN O ^ n ~.o ---^.-^cry V) O 5O ~ G dl 0000 O O O O O 0 0 O 0 0 0 0 0 00000 O O O O > m ^ O O y,. C) ;R c a. o~ L 0rlrlIq r~mr- 00 00• P r~coGoU)co 0"000 S~ O O ctl m 7 O o o o O O O O O O O O 00000 0 0 0 0 0 0 0 0 C ^ OO 7ID2 Nr)to NNPn^ r,conc0NLO U)co•oPco C14 N-o r Q Q Q r\ ^ C0 •O co ~o ch O• U) Q to LO p. co n co P co co co co N Q 0 c)4 P oNtn c")CN r')Q co cOQOOQ ^^^c'7 V Q Q ^ -C7 m X0000 00000 00 0 00000 00000 coo O C m 00 0 -o a C m ~ Y O } O O O O O O o 0 o O O O 0 0 0 0 0 O O U) ^ •o ~o Q CV L U-0 ^ 00 U) a c 06 i LO J Or),OO• OQ•OU)tO CO C4 O c'0 co co OQ 00•000 n U)^ 03 0 co co ~C40c•)- Cl) Q 00 r,Cl)o. ~ O^O P^Q NpP. (M n ^ ^ ^ G CO 1: lo ro ur Ta)~N c7NN-c0 c'7 Q N^ U r) (V a cz Z O~~ O e m U E V QQ p QQQQ 0 QQ 0 dn.4a aaaa O OL O _ LL c)Q g COQ O^ S~cn g^c7Q -a QO C-6 co v r, r- r- co co' 84,090 rn ii rri c a = 0) 0000 00 00000 Q~W a~ Lr) p c v co C O O M n d Cn Q P O O O Q O Y V O O m d c C O N o r 00 0 0 C O co Q CD o O V N Q W - • • • • - • 00 O O O O Cll O 0 E -0 Cc Q Q CZ O o Z 00 0 0 0 ' zU O o N CD cz C 0 0 LL (n (n O_ Q O g ~i a^ a Q O O 00 O O 00 O O O ca a •l ± -~c ~O L r~ N N N o• ^ CV C o c U oZ C,4 LO Iq ~co 0. 0- 2 _ 00 0 00 0 0000 is) o q? - o co 0 0 0 CL 0 O Qo 0 0 00 o O 00 0 o 0 _ a cc q Q L q ~ _ cYapi p N craps Go O 0-9 m c F.. N3 c 00 0 0 00 0 L O O ~ Q Q Q J n~ C~4 ~N 8 n~-N C O O O N CN s7 c0 ~2 Q ~ M v O tr Q ~ O 0 O 00 O O a co O CD a) '0 -C a a C5 CL c o c ~ ~O L a 0 0 O O d -40 o v~ Q Q C 7 0 C) t ? 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NMtn P co coto0 P co Q O n Q N m OtoO $ Q Q Pn to %c0.0 Q Oto .p NMON OtaiQ O Q Q,O NM 'O t7QQtn co MN to to M H O O O O O O O O O O O O O O O O O 0 0 0 0 0 000 _0 a o 0 a as N c .0 0 0 ~tn,0 norm oM M mMOO~ PnPQP nMM OL LO ,_NtlJn QnP ol QM n NNC7m NNN~-a- Y O C O Oz 0 CO PAN PP co O0, On mOMMQ Nmn CL vr, n,O0 0. N O n cOP r- Q m O00 N U ~ ANN LO NMMM04 N'- Q M N NON i.. L OGO Oco naoQO OHO O OPOto0 cJmnM~ tnOu7 C NQ ,O to to OnN to c`') co Qr-Mn76) Nc7 c7NN ~o ,o to E nLO N ,oto'OQ - CL O W 0q v ONM -q it) NP~Q O P C ~ N ~ N ~2;2 ~N NN~Na~0 cO a. p N N c o 0000 00000 00 0 00000 00000 coo o0 a c~ L ~NP~ n -NNn N(V Q O•MnMNQ mP~m Q Q0: CV L n O N U3 c O OQ,00 OBO O ntn N CO 04 CON U) CII r, c7 ch ch ^nao P Or NQ N 00 N ppO.•Ocn~ co -"-CO-04 -Q LO OLO Q m OmOm OcN~ ~N NP M NQOn~ 00, tt7LO0 0PmLO J N N `O U'i N tfj CL Q O n P P e~ m -0 O O M c7 co O Nm Nm n n nQ -O to co O Q O co 10 co n Q Q CL p - N C N N C4 e M 0 N N N N O N _ N rn O O O O O O O O O O O O O O O O O O O O O O O O O 10 - 0 O O 0-0 a) O C a cz c O 00'0'0 ~nu7Q ON N n0 ncn m Mm U.) N m N Cc O~ L~J r- ~ Q N co co Q to v co co LO Vi c; Y j C yN„ 7 O.O ~ C PmNM Otn Nc0 N V,O PN~ U a L NQ O toc'7QmN tntn 0 O tn tn PO~10 N N O n N CO O r N NCO NNN-m arC CU 0 OOQQ QMC"7 N .0 Co P tnPtnvco PPPP~ m0,m O N J .0 z m O 2 2 2 2 2 ~ Q G V Q Q O Q Q Q Q }O Q Q a a a a ~O a a a a O O L O 80 0000 00 00 t"t)W)V) oQ O ~O 0000 = co Qaw N O. w- C G in O P OQ. co O U Cd O w LY) c~ o po co to a0 P N Na P NU y Q O O T .y O N O y o 0 N N COO o 0 C:) 00 OC ~OpN Co L NC6 ' N`r' Cl) n CVN NN IL O Ct N t: w (3) ol CA rl r, O rt` i0: N zUpz a- CL a_ m o m r, S cQ cu C6 to L6 0 0 0 LL cn cn a cl 400 00 co Q o CS 00 0 O oO 0 73 0 0 o~ a O .0 L lJ Q N O Cl) P N P . Y t C ^ N CyO O CLZ j 0 U PN U L c J Z2 ^ 0 a Q ^ Q CO U') co U.) 0 8 ~O~Q m mac') ch QM S Nc~iQ~ ~f~ J ^N O ~ O ~O W a0 wN N NCO co Nco 5O Q O O ` O O O O ca O O O C O 0 N U 10 LO a = c ~ ~ ,o Q Sri L~ U 3 p N N r ` O•Q oi o, ~2 ~2 CL Cl. a Cl) aQOQV U ~2 O, g NCy~G J N in N Crj in O O O Cl) N Cl) Cl) trf C0 n a a a 0 c N 00 O• ° ch o Q f- O O O O a 0 00 0 0 0 00 0 O a m a n. C C a 00 L 0 to cr5 ,0, v C0 ~C' co Q v C'5 X C LO 0-0 o_ 2 O co P N N 00 M O• N d g n N N O• ^ N Q a a Q CL a O N Q m OQ~ Q Q'- n Q OQr 0 10 J O O O O O N 0 C G) C u7 m } m Q 0- L m C m 0 E LL 2 E m^ E}- E" V E m C E} j U 2202 0 L O 7 0 U L 7 0V 0 U- -5 Li- 0 ~>CL >Y=>y = C-> a >.Y ~C a a Q a APR. 19. 2004 6:58AM Won CO HAM He y5L~y1I1L! AV. yUy4 r, c DAKOTA COUNTY TRANSPORTATION TRAFFIC )cation: CSAH 32 & Thomas LWStonecliff File Name : Csah 32 & Thomas Lake Dr AM ,ate: 08-09-01 Thursday Site Code :08090101 f ime: 06:30 to 08:30 Start Date : 08/0912001 feather. PC, nice, 70F Page No :1 Groups Printed- Unshitted Thomas Lake Rd CSAH 32 Cliff Rd Stoneclttt Dr CSAH 32 Cliff Rd Southbound Westbound Northbound Eastbound Stan Time L tt Thro Rlph Ped App. Left ro ig Leff LeR Ped n t s Toral u h _i s Total =hToll u h t s Toter Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 _ 1.0 1.0 1.0 1.0 06:30 3 0 5 0 8 2 39 5 1 47 8 3 2 0 13 5 28 6 3 42 110 06:45 4 1 9 2 16 0 76 6 2 84 6 2 0 0 8 6 42 4 0 52 160 Total 7 1 14 2 24 2 115 11 3 131 14 5 2 0 21 -115 70 10 3 94 270 07.00 3 0 6 0 9 1 70 3 5 79 3 3 1 0 7 4 48 5 0 57 152 0715 5 0 10 0 15 1 74 2 2 79 6 2 1 0 9 4 53 2 3 62 165 07:30 5 3 8 0 16 2 93 5 0 100 2 2 0 0 4 9 61 4 0 74 194 C7:45 6 0 7 0 13 0 90 10 0 100 6 3 3 0 12 12 57 $ 1 73 196 Totes! 19 3 31 0 53 4 327 20 7 358 17 10 5 0 32 29 219 14 4 266 709 08:00 7 0 5 0 12 6 75 5 0 86 5 2 7 0 14 6 53 4 1 64 17e 08:15 4 2 6 0 12 2 77 10 0 89 10 0 3 0 13 4 62 2 0 68 182 Grand 37 8 56 2 101 14 594 46 10 664 46 17 17 0 80 50 404 30 6 492 1337 Total Apprch % 36.5 5.9 55.4 2.0 2.1 89.5 6.9 1.5 57.5 21.3 21.3 0.0 10.2 82-1 8.1 1.6 Total % 2.8 '0.4 4.2 0.1 7.6 1.0 44.4 3.4 0.7 49.7 3.4 1.3 1.3 0.0 6.0 3.7 302 2.2 0.6 38.8 mas Lme Fv3 01131 t10! Tots! 214 I --I 6 37 2 Rgnt Trroug Li Peels ,.f 1 mot, I MW AM 18:15:00 AM m a UneMfted ~ a 0 ~o ro +1 rTQ r Left Wt Peda 46 17 17 0 C;F T APR. 19. 2004 6:58AM DAKOTA GO TRANS DEPT 95Zb91'I1l'1 rlu, yuy4 r. s DAKOTA COUNTY TRANSPORTATION TRAFFIC File Name : Csah 32 & Thomas Lake Dr AM She Code :08090101 Start Date :08/0912001 Page No :2 ' CSAH 32 Cliff Rd Stonecliff Or CSAH 32 Cliff Rd Th as Lake Ad Soulhbound Weatbound NORK50-ung E: bound Start Time Lefty Thro Righ Pod App. Leh Thr0 High Pod App. Left ThrO Righ Petl App. L ft Thm High P@d App. InL u h t s Total u h t s_ Total h t s, _ Total u h t s_ Total Total Peak Hour From 06:30 to 08:15 - Peak 1 of 1 'ntersection Q7:a Volume 22 5 26 0 53 10 335 30 0 375 23 7 13 0 43 31 233 13 2 279 750 Percent 41.5 9.4 49.1 010 2.7 89.3 6.0 0.0 $3.5 16,3 30.2 0.0 11,1 83.5 4.7 0.7 Volume 22 5 26 0 53 10 335 30 0 375 23 7 13 0 43 31 233 13 2 279 750 Volume a 0 7 0 13 0 90 10 0 100 6 3 3 0 12 12 57 3 1 7$ 196 Peak 0.947 Factor High Int. 07:30 07:30 08:00 07:30 Volume 5 3 8 0 16 2 93 5 0 100 5 2 7 0 14 9 61 4 0 74 Peak 0.628 0.938 0.746 0.9x3 Factor 68-1 J Total Out 26 22 0 Fight Ttvoug Left Pads +j h Li, ~ A Worth N 1 r.30:00 AM 00111.15:00 AM rp"fted 41 -n-Tug F, Left h Ri Peft 23 7 13101 28 a3 ~71~ Out In Total Stopedif Dr c2;K APR 19. 2004 6:59AM DAKOTA CO TRANS DEPT 9528917127 NO. 9094 P. 4 DAKOTA COUNTY HIGHWAY DEPARTMENT Location: CSAH 32 & Thomas Lake/Stoneclt TRAFFIC File Name : Csah 32 & Thomas Lake Dr PM Date: 08.13-01 Monday Site Code : 08130102 Time: 15:30 to 18:30 Start Date : 08/13/2001 Weather. Sunny, nice, 80F Page :1 _ Groups Printed: Unshifted _ IoneGiff Dr CSAH 32 Cliff R4 Southbound Westbound _ Northbound ast oun Start Time Left Tbrou Right ~pP Left Thou Right _ App Leh Throu Right APP' Left Throu Right ~+PP- Int. h Total h Total 9 h_ , Total h Total Total Factor 1.0 1.0 1.6 r 1.0 1.0 1.0 _ 1.0 t.0 1.0 110 1.0 1.0 15:30 12 1 6 19 2 61 7 70 9 3 3 15 12 99 5 116 220 15:45 11 2 _ 12 25 6 71 11 88 _ 5 0 3 8 18 107 61. 131 252 Total 23 3 18 - 44 8 132 16 156 1d 3 5 23 30 206 11 247 472 16:00 7 1 1 9 6 66 11 83 1 1 1 3 10 110 6 126 221 16:15 14 3 7 24 1 72 17 90 7 1 3 11 17 141 6 164 289 16:30 7 1 12 20 0 73 11 84 5 2 3 10 17 124 5 146 260 16:45 10 1 7 18 4 79 6 89 5 3 _ 1 9 17 138 11 166 282 _ Total 38 6 27 71 11 _ 290 45 346 1 7 8 33 61 513 28 602 10.52 17:00 11 O e 19 5 71 17 93 3 1 5 9 20 143 9 172 293 17:15 15 2 14 31 4 84 22 110 $ 2 7 12 16 156 8 180 333 17.30 20 1 10 31 6 77 15 98 4 0 5 9 21 152 10 183 321 17:45 27 4 4 35 A 101 8 113 4 0 2 6 27 131 13 171 325 Total 73 7 - 36 116 19 333 62 414 14 3 19 36 84 582~r. 40 706 1272 18:00 11 2 10 23 7 82 10 99 4 3 1 8 26 130 15 171 301 18:15 _13 7 11 31 3 67 16 86 7 2 5 14 14 114 8 134 265 Grand Total 115 25 102 ??885 48 904 151 1103 57 18 39 ~114 215 154S 100 1860 3362 Apprch'k Sr 4 8.8 35.8 (g~ r 4.4 810 13.7 50.0 15.8 34.2 ga 11.6 83.1 5.4 Total % 4.7 0.7 3.0 8.5 1.4 26.9 4.5 322 1.7 0.5 1.2 3.4 6.4 45.0 3.0 55.3 Or out in Total 38e 265 689 102 25 158 Right Trnug Lett ey a Z NOM C ~ O 0o g¢7; o Th~ Left Right 57 Tl) 3B 173 114 267 Out In TOW Stonec6tr 0r a, APR 19.2004 6:59AM DAKOTA CO TRANS DEPT 9528917127 NO.9094 P. 5 DAKOTA COUNTY HIGHWAY DEPARTMENT TRAFFIC File Name : Csah 32 & Thomas Lake Dr PM PH T*AK Site Code :08130102 Start Date :0811312001 1~=~5 TO ~$:cS Page :2 Thomas Lake Dr CSAH 32 Clitt Rd Stonedlff Dr CSAH 32 Cliff Rd _ Soutnbound Westbound Northbound Eastbound Start Time Leh Tnrou Right app. Lek 7nrpu Right 4P' c Left Throu T Right APP- Leh Throu Right ~P InL h Total h Total h Total g h Toia1 Total Peak Hour From 15:30 to 18:15 - Peak 1 of 1 intersection 17:15 Volume 73 9 38 120 21 344 55 420 15 5 15 35 90 569 46 705 1280 Percent 60.8 7.S 31.7 5.0 81.9 13.1 42,9 .14,3 42.9 12.8 80.7 6.5 High Int. 17:45 17:45 17:15 17:30 17:15 Volume 27 4 14 35 7 101 22 113 4 3 7 12 27 156 1s 183 333 Peak Factor 0.857 0.929 0.729 0.953 0.961 mt1L 0 r Out in Total 150 120 - - 270 9 9 73 0 Right Throug Leh Pods 4 L+ r a o ~ ~ ~ Nom Y funs "nm"ea o m s o ~ 0 4~ u9 r+ Leh Right Pods 15 5 0 76 35 711 out In TO-50 Stoneciff Dr Appendix B Capacity Analysis HCS2000: Unsignalized Intersections Release 4.1d TWO-WAY STOP CONTROL SUMMARY Analyst: MPM Agency/Co.: SEH Date Performed: 05/11/2004 Analysis Time Period: 7-8 AM Intersection: Wellington Way & Pilot Knob Ro Jurisdiction: Eagan, MN Units: U. S. Customary Analysis Year: 2004 Project ID: AEAGAN0411.00 East/West Street: Wellington Way North/South Street: Pilot Knob Road Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 14 1840 416 10 Peak-Hour Factor, PHF 0.92 0.92 0.92 0.92 Hourly Flow Rate, HFR 15 1999 452 10 Percent Heavy Vehicles 2 Median Type/Storage Undivided / RT Channelized? Lanes 0 2 2 0 Configuration LT T T TR Upstream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 36 46 Peak Hour Factor, PHF 0.92 0.92 Hourly Flow Rate, HFR 39 49 Percent Heavy Vehicles 2 2 Percent Grade 0 0 Flared Approach: Exists?/Storage / No / Lanes 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Config LT LR v (vph) 15 88 C(m) (vph) 1095 215 v/c 0.01 0.41 95% queue length 0.04 1.86 Control Delay 8.3 32.9 LOS A D Approach Delay 32.9 Approach LOS D HCS2000: Unsignalized Intersections Release 4.1d TWO-WAY STOP CONTROL SUMMARY Analyst: MPM Agency/Co.: SEH Date Performed: 05/11/2004 Analysis Time Period: 4:45 - 5:45 PM Intersection: Wellington Way & Pilot Knob Ro Jurisdiction: Eagan. MN Units: U. S. Customary Analysis Year: Project ID: AEAGAN0411.00 East/West Street: Wellington Way North/South Street: Pilot Knob Road Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 51 565 1425 39 Peak-Hour Factor, PHF 0.92 0.92 0.92 0.92 Hourly Flow Rate, HFR 55 614 1548 42 Percent Heavy Vehicles 2 Median Type/Storage Undivided / RT Channelized? Lanes 0 2 2 0 Configuration LT T T TR Upstream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R ( L T R Volume 22 29 Peak Hour Factor, PHF 0.92 0.92 Hourly Flow Rate, HFR 23 31 Percent Heavy Vehicles 2 2 Percent Grade 0 0 Flared Approach:. Exists?/Storage / No / Lanes 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Config LT LR v (vph) 55 54 C(m) (vph) 409 91 v/c 0.13 0.59 95% queue length 0.46 2.75 Control Delay 15.2 90.7 LOS C F Approach Delay 90.7 Approach LOS F 3: Wellington Way & Pilot Knob Road HCM Unsignalized Intersection Capacity Analysis I Maverilent E EBFt (Y L T S B r Lane Configurations Y *Tt tT Sign ConfroF- Stop= Free Free Grade Volume (yeh/h) 36 46 _ 44 ` 184 - 416 10 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Haurly'; flow raEe (veh%h) 39 50 15 2000 452 11 Pedestrians Sane Width. (ft) Walking Speed (f /s) Percent Blockage Right turn flare (veh) Median.type None Median storage veh) Upstream signal (ft) . pX, platoon unblocked yq, conflicting Vofur- ie 1488 232 463 vC1, stage 1 conf vol VC2r stage 2'6 6 nf vol vCu, unblocked vol 1488 232 463 tC, single (s) - 6.8 6.9 4.1 . tC, 2 stage (s) fF'(s? 15 3 3 2.2 p0 queue free 0/0 65 94 99 cM capacity (Veh/h) 113 771 ' >1095 E3zrectrontEage# EB.1~ :NB t - N~.2"'SB 1';-~S~~ ~ Volume Total 89. 682 1333 301 f62. r= - Volume Left 39 15 0 0 0 Vofume Right 50 0 0 0 11 cSH 217 1095 1700 1700 1700 Vorume to Capacity 0,41 0.01, 0.78 0-18 0.10 Queue Length (ft) 47 1 0 0 0 Control Dela (s) 32.6 E}.4 0.0 0.0 0.0 Lane LOS D A Approach Delay (s) 32.6 0.1 0.0 Approach LOS D i~ Eiterse tiorr :S mmary Average Delay 1.2 lntersection Capacity Utilization,' 75.2% ICU Leve) of Service ° C SHORTEMINF-FF51 3: Wellington Way & Pilot Knob Road HCM Unsignalized Intersection Capacity Analysis Lane Configurations 0 tT Sign Control Stop Free Free Grade ul,,~ 0% Volume _(veh/h)_ = 22 ,-';,-:29 51 565 1.425 39 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow "rate (veh/h) 24 32" 55 6.14: 1549 42 Pedestrians Sane Width ft ; Walking Speed (ft/s) percent Blockage Right turn flare (veh) Median type None Median storage veh) pstrearn signal (ft ) pX, platoon unblocked vp, conflicting vofume 1988 796 1591 vC1, stage 1 conf Vol r C2r stage 2 conf vol - vCu, unblocked Vol 1988 796 1591 tG, sfngf!* (S) 6.8 6.9 4.1 tC, 2 stage (s) t (s ' 3.5 3-3 2.2 PO queue free 48 90 86 eM 6apacity (veh/h) 46 `330 408 >3ire~rectio ,R ,ri, ane # "EB 1 NB 1 Ng 2 .:SB t SB 2 mm T~ - VolumeTotal 55 260 409 1033 559 Volume Left 24 55 0 0 0 V6Ibme Right 32 0 0 0 42 cSH 90 408 1700 1700 1700 tlofurrie:tu Ca pacify 0.62 O.f 4 0 ,.24 ' 0:6 0.33 Queue Length (ft) 72 12 0 0 0 Control DeIaX (s) : 95.0 X5:1 Z0.0 G.0 0 0 Lane LOS F A A p, roach Delay (s) 95.0 26 , 0.0 Pp, _ Approach LOS F ri ersec T . - o[TSt~nmary` ':a Average Delay 2.8 intersection Capacity_ Utilization 54.2% ICU' Level of Service A SHORTEMINF-FF51 COC)~ ~F 00 co o O E \ _ V) CO r- 2 ! 6 0 o Co Z` to -~r Art 5 r ~ ils SLZ't co d, -IS Zbi►'t► r j._..... . LL. LLi►'s, > N ~ .~S 8SZ'9 ~ II `ECG o0 co N Co is OLZ'9 CO . o M Z L$"* O I co IS L W* 0 .-r ~ ~ ~ ~ to tp I , co JS 9ZZ * CO to CO i - 0 ~ Ln s in L, ? n 1 ~ AS bs$`L m to o ^ N 'm w , ~ 'm o LO to to N ~ Cli ~ t 0 ; °o x( N ~ 4 c, cQ too LOD , ~ o o co ~o o ~ CD 0 N ~ V) p en C7 0 v~ CPO ln; p_.~. d 6 co V) 0 co 0 co tt cri co M D t .-a CO CSI co v co lp C~2 co f1) v n N s Summary of Diamond T Site Report by Dakota County The enclosed site assessment document is an attempt by Dakota County's Environmental Management staff to pull together, in one place, what we know of potential contamination present at the Diamond T Ranch property from recent or historic causes. We have reviewed files from various agencies and private consultants, and have compiled any information in files among Dakota County departments. We believe we have fairly characterized the site. In our opinion, the Diamond T site is not'heavily contaminated' in comparison to other locations we have experienced. The demolition waste generally contains asbestos, but the other contaminants listed as possible in the demolition are only inferred to be present, as they were present in the standing structure (Met Stadium), and there is no record of removal prior to the demolition. It's important to remember that several other sites apparently were used for disposal of Met Stadium demolition materials, and so far we can determine, no one knows what materials were sent to which of those sites. The horse manure stored on site is a concentrated pollutant to the streams and shallow groundwater, but removal is quite straightforward. The developer has hired Braun Intertec, a responsible company we have worked with on other sites with good outcomes. We have already been in conversation with Braun and the MPCA (MN Pollution Control Agency) staff concerning the workplans for the site, if development is approved. Braun would then complete a comprehensive study of the types and amount of contamination present, followed by a plan to remove each of the contaminants safely and completely, and treat or dispose of the wastes off-site. If the current proposed development or a similar development were to occur, the site would be restored in a prompt fashion. We would oversee the cleanup, in conjunction with the MPCA, to assure all involved that any environmental concerns were addressed thoroughly and responsibly. In exchange, the developer would receive assurance letters from the MPCA for following the prescribed cleanup procedures. From our point of view, this scenario has several advantages: it allows for prompt, thorough cleanup of any potential environmental risks, at no cost to taxpayers, and avoids potentially lengthy, expensive or futile legal solutions for local governments and state agencies. If there are questions, Dakota County Environmental Management staff would like to be helpful. Please call George Kinney at 952-891-7541. Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan DIAMOND T RANCH SITE REPORT (Sites 2092 & 2017), Eagan July 2004 Purpose. This site report is intended as a service to citizens to describe in a single place the known information contained in files of Dakota County staff from several departments regarding the property known as the Diamond T Ranch in Eagan. This report provides background information that may be helpful for public policymakers but is not intended to provide recommendations for decisions or to guide actions. The information in this report is based on several sources with varying accuracy and reliability. Therefore, readers should substantiate specific information with the cited sources for use beyond this document. INTRODUCTION Location. The Diamond T Ranch is located at 4889 Pilot Knob Road in the City of Eagan. The property is west of Jensen Lake and adjacent to the Lebanon Hills Regional Park (Figures 1.- 2.). Comprised of two adjacent parcels, the smaller parcel on the east is in the adjacent PLS section and borders the right-of-way of Pilot Knob Road (CR 31). 1. PIN 10-03300-011-75; 35.20 acres. Building Permits: Single-family residence built in1964, clubhouse built in 1980, and an equipment shed built in 1994. Owner: Diamond T Ranch, Inc. [Jerry (deceased) and Carol Thomas]. Public Land Survey: Northeast quarter of Southeast quarter of Section 33, T.27N., R.23W.; Elevation 930 to 1010 feet above mean sea level (amsl); and 1W W-1 . 3 ' 'f 'All 7~, Y ! Diamond f Ranch Disposals T ,I ,fIll ~ b f ELLf ~t I ! t.e Dia and 7 Ranch Dump r r ✓ z 4 a3x Fig 1. Diamond T Ranch Dump & Disposals [Sites 2092 & 2017 (U-33)], Eagan Dakota County Environmental Management Department - Site Assessment 1 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan 2. PIN 10-03400-020-50; 2.63 acres. No buildings. Public Land Survey: West half of the West half of the Northwest quarter of the Southwest quarter of Section 34, T.27N., R.23W.; Elevation 970 to 1030 feet amsl. Geology, Hydrology, Wells and Groundwater Quality. The area soils have developed on Late Wisconsinan Superior lobe glacial till and stratified ice-contact deposits. The Kingsley sandy loam and Mahtomedi loamy sand are present in the upland areas, the Otterholt silt loam is found on the upper slopes of the drainageways, and the Quam, Jewitt and Kennebec silt loams occupy the closed and semi-closed drainage basins. In the vicinity of the sites and depending upon the surface elevation, there are approximately 200 feet of unconsolidated sediments present overlying the weathered St. Peter sandstone bedrock. South of the property is a former glacial lake basin with approximately 250 feet of sediments including glacial lake sands. The unconsolidated sediment aquifer has a water table elevation of approximately 925 to 930 feet amsl. The level of the small ponds in the area of the sites varies from 925 to 970 feet amsl. Jensen Lake's elevation is about 921 feet amsl. The shallow aquifer's groundwater flow direction is generally northwest to north-northwest. Because of the glacial till deposits, seasonal, perched groundwater may be present above an elevation of 930 feet amsl, but it is usually discontinuous laterally across the landscape. The Prairie du Chien dolostone-Jordan sandstone aquifer has a potentiometric surface elevation of about 825 feet amsl, and the flow direction is generally north-northwest. New wells in the area, especially city wells, are completed in the latter aquifer. The overlying, weathered St. Peter sandstone aquifer was utilized as a domestic water supply by older wells completed in the area. Residual limestone and shale (Platteville and Glenwood formations) may cap the St. Peter sandstone in isolated areas near the property. Older wells in the area that were completed through semi-confining strata, including the basal St. Peter arenaceous shale, were ordinarily not cased and cement-grouted to preclude the interconnection of separate aquifers. The permanent sealing of such wells requires the removal of casing liners and/or the perforation and pressure grouting of casings through the impervious strata. Two well water supplies are noted to be present on the property. The 4-inch diameter cased well (Minnesota Unique Well # W05193; elevation 978 feet amsl) is associated with the former Jerry and Carol Thomas residence, which was built in 1964 and is now unoccupied. No additional information is available on that well, which is now abandoned but not permanently sealed. A second well was constructed in August 1973 [Minnesota Unique Well # 128707; Elevation 1004 feet amsl; 4-inch diameter, 230-foot casing with a 10-foot screen to a depth of 240 feet; Static water level 200 feet below ground surface (elevation 804 feet amsl). The latter well was a noncommunity well utilized by the ranch business (clubhouse and restaurant), which closed in the fall of 2003. The well is north of the clubhouse and is also abandoned but not permanently sealed. There are a number of small-to-large wetlands located on and immediately adjacent to the property. Four wetlands (designated A, B, C & D) on the property have been identified for wetland preservation status under federal and State laws, which are administered locally. Dakota County Environmental Management Department - Site Assessment 2 479 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan Generally, stormwater and other runoff are captured by closed and semi-closed depressions, which serve as groundwater infiltration basins and stormwater retention basins. The south-to- southeast half of the property drains to wetlands on the west side of Pilot Knob Road, which, in turn, drains east to a wetland in Lebanon Hills Regional Park, immediately north of Jensen Lake. Because of some wetland filling and drainage diversions on the property, there have been substantive changes to the quality and quantity of surface water runoff both on and off the property. DIAMOND T RANCH DUMP [Site 2092 (U-33)1, Eagan Description. The dump is comprised primarily of demolition debris originating from the razing of the former Metropolitan Stadium in Bloomington. The dump is located south of the private drive that serves as the main entrance to the horse riding and boarding ranch from Pilot Knob Road, between Grace Drive on the north and Carriage Hills Drive on the south in southern Eagan. It is estimated that the dump extends over approximately 2 to 3 acres with variable depth to natural soils depending upon the location and original slope of the land to the drainageway and wetland (Basin A). Because the site was covered by soil after the dumping, it is not known if the disposal site covers a contiguous area or if the disposals are scattered over the area and fill in the low spots. On July 17, 1985, Dakota County staff investigated the disposal site and took photographs. Staff's comments included, "...a lot of demo debris in front yard at Diamond T Ranch on Pilot Knob. A MEGA, Inc., pickup truck was sitting out front next to dumping site." The Phase I ESA consultant noted the existence of the dump referencing the County's Waste Site Inventory that is available on the Internet'. The disposal volume was estimated by County staff to be between 25,000 to 50,000 cubic yards. The Phase II consultant estimated that, "The dump appears to measure about 120 feet by 110 feet by 20 feet deep or about 9,800 cubic yards 2 The latter estimate was based on limited soil boring data, as "...the depth of fill was not determined...." The consultant listed the wastes found in several test pits at depths of 3 to 15 feet as "...concrete, bricks, rebar, metal, piping, roofing materials, and ceramic tile...." Most of the demolition debris was not reduced in size or compacted before being covered on- site. Consequently, void spaces would have occurred in the fill and may have eventually led to soil subsidence, as well as erosion and vermin harborage. Testing by the Phase II ESA consultant detected asbestos, diesel range organics (DRO), and polycyclic aromatic hydrocarbons (PAHs) 3. Primary Source of Waste. During the spring and early summer of 1985, Anderson Excavation & Wrecking Company (Anderson), 1824 South 20th Street, Omaha, Nebraska 68108, was Liesch Associates, Inc., December 3, 2003, "Phase One Environmental Site Assessment: Diamond T Rinding (sic) Stables, 4889 Pilot Knob Road, Eagan, Minnesota 55123", Project #6200416.00, 11 pp. plus appendices. 2 Braun Intertec Corp., January 20, 2004, "Phase II Environmental Site Assessment: Diamond T Riding Stables, 4889 Pilot Knob Road, Eagan, Minnesota," Project #BL-03-01600A, 4 pp. plus appendices. 3 Ibid, p.3. Dakota County Environmental Management Department - Site Assessment 3 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan contracted to demolish the former Metropolitan Stadium in Bloomington, which was being razed to prepare the site for the construction of the future Mega Mall. Anderson and its subcontractors hauled and deposited demolition debris at three unapproved sites in Dakota County, namely the M.G. Astleford Dump, Burnsville, the Eaton Mobile Home Park Dump, Apple Valley, and the Diamond T Ranch Dump, Eagan, as well as a site near Shakopee in adjacent Scott County. The demolition debris deposited in the dump is comprised primarily of rebar-reinforced concrete, metal, glass, wood and plastic wastes from the razed and deconstructed Metropolitan Stadium. Also present was carpeting, stadium seating and other contents of the razed stadium that had not been previously salvaged or otherwise removed. The demolition contractor (Anderson) did not address asbestos containing materials (ACM) by performing the necessary testing, control and abatement procedures before the haul-out of the debris to the four known disposal sites occurred. Unsubstantiated information available at the time of the disposals suggested that neither asbestos nor lead abatement were completed. Also, electrical fires and leakages associated with the stadium's electrical substation had occurred on several occasions during the stadium's operational life. After the stadium was abandoned, the Bloomington Fire Department was called out to a substation fire. The fire was characterized as an accident, which was caused by an act of vandalism. The concern raised at the time was due to the release of transformer and capacitor dielectric fluids, which contained polychlorinated biphenyls (PCBs), trichlorobenzene and other chlorobenzenes, as well as mineral oil. It is not known if any of the cleanups effectively removed the spillage and wastes from the building materials or from the transformers or capacitors. Again, unsubstantiated information at the time suggested that some of the spills may not have been properly remediated and resolved. Because there is no specific information on where the individual loads of demolition debris were delivered among the four known disposal locations, it is not known if or where any hazardous wastes may have been deposited and buried. Therefore, it is recommended that testing of wastes, soils and other environmental media should include ACM, lead and PCBs. If significant PCBs are detected, it is further recommended that testing be conducted for PCBs' recalcitrant byproducts of overheating and incineration, namely PCDDs (polychlorinated dibenzodioxins), PCDFs (polychlorinated dibenzofurans) and PCNs (polychlorinated naphthalenes). At the time of the waste disposals, Mark Pieper was Chief Executive Officer for MEGA, Inc. As one of Anderson's subcontractors for the Stadium demolition debris haul-out and disposal, Mr. Pieper was responsible for making arrangements with the owners of the four known disposal sites. However, no affidavits or other descriptive information are on file from Anderson Excavation and Wrecking Company, MEGA, Inc., or M.G. Astleford Company, which would further help identify and characterize the waste disposals on each of the four sites. Actions and Resolution. Mark Pieper was Chief Executive Officer for MEGA, Inc., and one of Anderson's subcontractors for the Stadium demolition. He arranged with Jerry Thomas, the former owner of Diamond T Ranch to deposit the demolition debris south of the ranch's buildings in an area described as a wetland. A Saint Paul Pioneer Press newspaper article written at the time (mid-July 1985) commented on the disposals and quoted some of the principles, including the dumping of demolition debris at Dakota County Environmental Management Department - Site Assessment 4 a 11-4 / Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan ~~g2 t a ~ CMl yn ffi7~:J W, _ rpm Pig. 2. Diamond T Ranch Dump & Disposals [Sites 2092 & 2017 (U-33)], Eagan Diamond T Ranch 4. Correspondence to MEGA, Inc., from Eagan's Public Works Department dated July 10, 1985, stated that the subcontractor was in violation of City Ordinance Section 4.30 "Excavation and Fills". It went on to state that... "Before any filling can be resumed, a grading permit must be submitted to the City Engineering Department and approved by the City Council." 4 Saint Pau/ Pioneer Press, mid-July 1985, article partially quoted: "The third site, Diamond T Ranch, is owned by Eagan City Council Member Jerry Thomas. He said he asked MEGA, Inc., for fill, expecting the company to bring dirt, not concrete, to his ranch so he could set up an outdoor riding arena. "The concrete first was brought in when he was out of town, Thomas said. But he added he was pleased when he saw it because 'the way they were grinding it up, it was making a good porous draining base' for the arena. He said he didn't know dumping it was illegal. "'The minute we found out they were doing something they weren't supposed to do, we told them to knock it right off,' he said." Dakota County Environmental Management Department - Site Assessment 5 VC~L_ Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan In the interim, Dakota County Senior Environmental Health Specialist Jerry Stahnke corresponded with the contractor, Anderson Excavation and Wrecking Company, on July 15, 1985, about the "...use of an unlicensed demolition landfill located at the Diamond T Ranch in Eagan..." and instructed the company to comply with County Ordinance No. 110 (Solid Waste Management). He also corresponded with Mark Pieper of MEGA, Inc., regarding the disposals. On July 17, 1985, the City's Engineering Department corresponded with the property owner, Jerry Thomas, regarding his application for a grading permit for his demolition landfill. The letter listed a number of items still required before the grading permit could be issued. It is unclear who, if anyone, gave the contractor, subcontractor, and property owner permission to dispose of demolition debris at the Diamond T Ranch site. State Law and Rules and County Ordinances regulate the approval of sites for solid and hazardous waste disposal. However, the disposal occurred and was subsequently covered and graded without further notifications or approvals. Eventually, buildings and structures were constructed over parts of the disposal site. There is no further documentation on file regarding the dump, its resolution or closure. In March 1986, the Department was notified that MEGA, Inc., was bought out by the M.G. Astleford Company (contact: Ray M. Williams), 1200 West Highway 13, Burnsville, MN 55337, which assumed responsibility for the Eaton Mobile Home Park disposal site but did not mention the Diamond T Ranch site. DIAMOND T RANCH DISPOSALS [Site 2017 (U-33% Eagan Description of Feedlot Disposals. On July 26, 1991, the County received the first recorded citizen's complaint about Diamond T Ranch's disposal and release of horse manure to land and surface water. The complainant, who previously boarded his/her horse there, stated that in the past year, he/she observed Diamond T Ranch improperly managing horse manure and, consequently, allowing contaminated runoff to impact neighboring residential areas and Lebanon Hills Regional Park. The disposal of horse manure and other wastes, including tree wastes, demolition debris, construction wastes, and refuse, was verified, but there is no documentation on file regarding any follow-up to the 1991 complaint investigation. The City of Eagan and the Minnesota Pollution Control Agency (MPCA) received citizen complaints about the horse manure disposals in 1995 and 1997. Eagan and MPCA staff responded on several occasions verifying the complaints and ordering the former owners to address the manure handling and storage, contaminated runoff and feedlot issues. In December 1995 correspondence to the owners from the MPCA, a June 13, 1995, inspection was cited, in which "...there were a few areas where improvement could be made." 5 An application for a permit to comply with MPCA Rules Chapter 7020 (Animal Feedlots) was enclosed. In May 1996, the MPCA issued an interim feedlot and manure storage permit [MPCA 1-1915(B)] to Diamond T Ranch, Inc., requiring compliance with MPCA Rules Chapter 7020 and a plan and compliance schedule to correct the pollution problem, the hazards of which were s MPCA Correspondence (Chris Lucke) to Jerry and Carol Thomas dated December 28, 1995, 1 p. Dakota County Environmental Management Department - Site Assessment 6 a~ Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan affecting local surface waters and ground waters. 6 The compliance deadline and interim permit expiration was March 1, 1997. An inspection was conducted by City and MPCA staffs on April 3, 1997, who found the ranch in non-compliance with the correction orders and interim permit, which had lapsed.' To enable the ranch's ordered, timely compliance, the MPCA reissued the interim feedlot and manure storage permit with a new deadline of August 1, 1997 for developing a plan and a compliance schedule for the feedlot, manure handling and storage and contaminated runoff problems for a total of 300 horses. 8 There is no further documentation from the MPCA on whether follow-up inspections were completed, whether orders for correction of conditions were determined to be in compliance, or if a final permit was issued. In August 1997, Rich Brasch, Eagan's Water Resources Coordinator, corresponded with Jerry Thomas regarding another property (4745 Dodd Road; PIN 10-03600-020-28) adjacent to Fitz Lake, which had just been purchased by Mr. Thomas, reminding him of the requirement for a conditional use permit and a license if he was planning to expand his horse stables and feedlot.9 He also noted the requirement for a feedlot permit from the MPCA and Dakota County. In papers dated May 5, 2004, and filed with the Eagan Advisory Planning Commission by the Toll Brothers, purchasers of the Diamond T Ranch and the developers of the proposed Steeplechase of Eagan, statements acknowledge the presence of such waste disposals. 10 6 MPCA Correspondence (Randy Ellingboe) to the Diamond T Ranch, Inc., dated May 10, 1996, 2 pp. Interim permit MPCA 1-1915(8), which expired March 1, 1997. 7 MPCA Correspondence (Randy Ellingboe) to Jerry Thomas of Diamond T Ranch, Inc., dated June 9, 1997, 2 pp. plus an attached 2-page inspection report dated April 3, 1997. a MPCA Correspondence (Ronald Leaf) to the Diamond T Ranch, Inc., dated June 9, 1997, 3 pp. Interim permit MPCA 1-1915(8) R, which expired March 5, 1998. 9 Eagan Correspondence (Rich Brasch) to Jerry Thomas of Diamond T Ranch, Inc., dated August 1, 1997, 1 p. 10 Toll Brothers, Steeplechase of Eagan, May 5, 2004, (page 2 of 6) quoted as follows: "it has been brought to the attention of Toll Brothers that horse waste may be present on-site and if found to be present on site is a direct result of commercial horse boarding and riding activities of the previous property owner. Toll Brothers takes this matter very seriously. A consultant and contractor have been retained by Toll Brothers to search and identify the possible presence of horse waste, and if found on site to remove the horse waste. Toll Brothers has been working closely with public officials to address this issue. It is Toll Brothers intentions to cooperate with the regulatory agencies in the removal of this waste. Toll Brothers recognizes that the presence of this animal waste may have the potential to be a nuisance to adjacent properties. As a result, Toll Brothers will take all necessary precautions in protecting the surrounding environment and to minimize any potential effect that may result from the possible presence of this nuisance. "Over the years, the site has been extensively manipulated to accommodate horse-riding operations. Land has been leveled to accommodate parking facilities and riding trails, animal waste has historically been stockpiled in some areas and pushed over slopes and into wetlands with heavy machinery. These practices polluted and degraded wetlands, destroyed trees, and dramatically altered existing topography." Dakota County Environmental Management Department - Site Assessment 7 a~~ Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan Description of Petroleum Spills and Releases. In the approximate area of the former feedlot, the manure storage and runoff site, the Phase I and Phase II ESA reports document diesel fuel spills from an aboveground storage tank (AST) and petroleum-contaminated soil in the area of the improper 55-gallon drum storage of used oil. 11,12 The consultant recommended that the property buyer enter the MPCA VPIC (Voluntary Petroleum Investigation and Cleanup) Program to resolve the petroleum spills and releases. Resolution. There is no further documentation on file regarding the site's investigation, resolution or closure. REFERENCES Nonconforming solid waste disposal sites must be formally closed in compliance with Chapter 14, entitled "Nonconforming Sites and Facilities", of County Ordinance No. 110. A copy of the ordinance may be obtained by accessing Dakota County's website at URL http://www.co.dakota.mn.us/environ/pdf/110-99.pdf. Please note that this office should be informed of and coordinate with any investigation and testing on the properties. Contact the Dakota County Environmental Management Department for assistance. Any site investigation, cleanup, and closure should be performed with the review and approval of the appropriate regulatory authorities. This may include the Minnesota Pollution Control Agency [i.e., the Voluntary Investigation and Cleanup (VIC) Program and the Solid Waste Section]. In particular, this Department, which enforces the County's Solid Waste Management Ordinance (#110) and the Hazardous Waste Regulation Ordinance (#111), reviews site plans as approval is required. Contact appropriate County regulatory staff for assistance at telephone (952) 891-7557. Caveat and Disclaimer: The information provided is derived from a compilation of records and data gathered from a number of sources with variable reliability and accuracy. Therefore, it should be used with caution. Although reasonable and prudent care has been exercised, Dakota County and its employees are not responsible for any errors or omissions contained herein. If detailed investigations have not been conducted or reported, the extent, boundaries, characteristics, and impacts of sites discussed may be incompletely known. The waste site inventory is periodically updated. Previously unknown sites are being reported, disclosed, or discovered, and new information on existing sites is being made available. Evaluations are based on reviews of and assumptions derived from only those records and data compiled. The maps and figures are not legally recorded surveys and should not be used as such. Should any discrepancies, inaccuracies, or inconsistencies be found, please contact the Dakota County Environmental Management Department immediately. This document may be copied, quoted, and otherwise disseminated provided that it is completely intact (all pages including maps and data), unaltered, and properly cited as to authority. RCS 5/25/04 revised 7/8104 Copyright © 2004 by Dakota County Diamond T Ranch.doc/pdf 11 [bid, Liesch Associates, Phase I ESA, December 3, 2003. 12 Ibid, Braun Intertec Corp., Phase II ESA, January 20, 2004. Dakota County Environmental Management Department - Site Assessment 8 Ajg. 4. 2004 11:39AM No.2551 P. 2/5 Minnesota Pollution Control Agency August 2, 2004 Mr. John Helmer Toll Brothers, Inc, 8220 Comlrnonwealth Drive, Suite 150 Eden Prairie, NIN 55344 RE: Approval of Voluntary Response Actions for Petrolea n. Contamination Site: Steeplechase of Eagan / Former Diamond 'I' Riding Stables, 4889 Pilot Knob Road, Eagan VPIC Site ID#: NT3525 (non-tank) Dear Mr. Helmer: The Minnesota Pollution Control Agency (MPCA) Voluntary Petroleum. Investigation and Cleanup (VPIC) program staff has reviewed the following documents regarding your intent to manage petroleum contaminated soils and/or ground water at the above-referenced site: • "Phase One Environmental Site Assessment" dated December 2003 prepared by Liesch Associates, Inc_ • "Phase Two Environmental Site Assessment" dated January 20, 2004, prepared by Braun Intertec. • "Development Response Action Platt and Construction Contingency Plan" dated July 21, 2003, prepared by Braun Itrtertec. Based on the information provided, the MPCA VPIC staff are approving the above-referenced plan as proposed with the following modifications listed. 1. Petroleum contaminated soils encountered at the site, at or greater thaw 200 parts per million (PPN* (PID), should be excavated and properly managed at an MPCA approved off-site treattnent/disposal facility. 2. Petroleum contaminated soils encountered at the site, less than 200 PPM (PID) xnay be used as controlled fill and thinspread under newly constructed roadways and parking surfaces- 3. Petroleum contaminated soils encountered in the building footprints/foundations should be removed and properly managed as part of the development plan. If contaminated soils remain a vapor barrier and/or vent system should be installed. A two-foot cover of clean fill should be placed over impacted soils in all building footprints. 4. Petroleum contaminated soils. at or greater.than 10 PPM (PID) encountered during the installation of underground utilities should be removed and properly managed as part of the development plats. If PID readings are above 10 PPM, a vapor barrierlliner should be installed. 520 Lafayette Rd. N.; Saint Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.pca.state.mn.us St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar Equal Opportunity Employer - Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. Aug. 4. 2004 11:40AM No.2551 P. 3/5 Mr. John Helmer Page 2 August 2, 2004 5. Petroleum contaminated soils that exhibit PID headspace readings at or greater than 10 PPM in "green space" areas should be removed and properly managed. A four-foot cover of clean soil should exist over impacted soils in "green space" areas, along with a vegetative cover. 6. Appropriate permits for the discharge and treatment of petroleum contaminated ground water should be acquired, if necessary. 7. Follow-up soil sampling should be conducted, upon the completion of petroleum contaminated soil excavation. Approval assumes that an implementation report will be provided to the MPCA summarizing the voluntary cleanup work once completed. If subsequently obtained information indicates that the proposed activities are inappropriate or inadequate, the MPCA may request modifications in the proposed work. This letter does not apply to other types of contamination if present at the site. Approval of this plan does not suggest that any of the costs incurred will be eligible for reimbursement from the PetroBoard. If you have any questions regarding this letter, please call me at 651/296-7999. Sincerely, 4coe4~ ° __k Koplit2 Bassou Oulgout Protect Leader Hydrogeologist Petroleum Remediation Program Petroleum Remediation Program Petroleum and Landfill Remediation Section Petroleum and Landfill Remediation Section MK:tf cc: Michael Bratrud, Braun Intert°--, Bloomington Adb. 4. 2004 11:40AM No-2551 P. 4/5 Minnesota Pollution Control Agency August 2, 2004 Mr_ John Helmer Toll Prothers, Inc. 8220 Commonwealth Drive, Suite 150 Eden Prairie, MN 55344 RE: Petroleum Storage Tank Release Liability Site: Steeplechase of Eagan. / Former Diamond T Riding Stables, 4889 Pilot Knob Road, Eagan VPIC Site Mg: NT3525 Dear Mr_ Helmer: Under Minn. Stat. § 115C.021 (2002), the general rule is that a person is "responsible" for a release from a tank if that person owned or operated the tank during or after the time of the release. As the Minnesota Pollution Control Agency (MPCA.) interprets this rule, if a person comes into possession of property after the tanks have been removed that person is not a "responsible person" and cannot be ordered to take corrective action under Minn. Stat. Ch. 1 l 5C (2002). Liability is further limited for lenders. Minn, Stat. § 115C.021, subd. 4 (2002) provides that mortgagees that foreclose or receive a deed in lieu of foreclosure may not be responsible persons even if the tanks are present, provided they do not operate the tanks or aggravate a release. However, the definition of "owner" implies that a mortgagee that forecloses on property with tanks may be considered a responsible person if the mortgagee operates the tanks or fails to complete the cleanup as a "volunteer." See Minn. Stat. § 1150.02, subd. 8 (2002). Chapter 115C created a fund that can be used by responsible persons and "volunteers" to help fund the cost of corrective action (the Petroleum Tank Release Cleanup Account or Petrofund). A volunteer is a person who has legal or equitable title to the contaminated property (tank release contaminated property) but who is not a responsible person [Minn. Stat. § 115C.09, subd. 3b . (2002)]. A responsible person or a volunteer who takes corrective action can receive reimbursement for 90 percent of corrective action costs up to $1,000,000. As a result, it is fair to say that, unless there are compliance or cooperation issues, the liability of a responsible person, volunteer, or a lender will usually be limited to 10 percent of the costs of cleanup. Some costs are ineligible, and certain cost control requirements must be complied with. See Minn. R. ch. 2890 (rules of the Petroleum Tank Release Compensation Board or Petro Board). The Petroleum Tank Release Cleanup Account is continually funded. See Minn. Stat. § 1150.08, subd. 2 (2002). 520 Lafayette Rd. N.; Saint Paul, MIN 55155-4184; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.Aca.state_mn.us St Paui • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar Equal Opportunity Employer • Printed on recycled paper containing at le~et 20 percent fibers from paper recycled by consumers. ~rJY./ -ig. 4. 2004 11:40AM No•2551 P• 5/5 Mr. 3obn Helmer Page 2 August 2, 2004 This letter represents the views of the MPCA and is based upon information disclosed to the MPCA as of the date hereof. Depending on your circumstances, it may or may not be construed as releasing any person kom liability under state or federal laws. If you have questions concerning your particular situation, the MPCA recommends that you discuss your concerns with your legal counsel. If you have any questions pertaining to this letter please call me at 651/296-7999- Sincerely, ark Koplitz Project Leader Petroleum Remediation Program Petroleum and Landfill Remediation Section Majors and Remediation Division MEK:tf WETLAND CONSERVATION ACT TECHNICAL EVALUATION PANEL (TEP) FINDINGS OF FACT Date: June 3, 2004 LGU: City of Eagan County: Dakota LGU Contact: Eric Macbeth (651) 675-5300 Project Name/#: Steeplechase of Eagan Applicant: City of Eagan Location of Project: 27 North 23 West SE'/< 33, NE'/ Eagan Dakota Township, Range, Section, Qtr. Section, Lot/Block, City, County TEP Members (and others) who reviewed project: (Check if viewed project site) (X) SWCD: Brian Watson (X) BWSR: Les Lemm (X) LGU: Eric Macbeth (X) DNR: N/A Other Wetland Experts present: Others Present: Toll Brothers Development Group TEP requested by: City of Eagan 1. Type of TEP determination requested (check those that apply): Delineation X Exemption Determination No-Loss Determination X Replacement Plan 2. Description of wetland with proposed impact: a. Wetland Type (Circular 39) Type 2 and 3 b. Size of Proposed Impact (tenths of acre) 0.61 acres 3. Have sequencing requirements been addressed? X yes _ no 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? Yes (X) No ( ) 5. The project will affect the following wetland functions: Functions Impact No Impact Improve Floodwater Storage X Nutrient Assimilation X Sediment Entrapment X Groundwater Recharge X Low Flow Augmentation X Aesthetics/Recreation X Shoreland Anchoring X Wildlife Habitat X Fisheries Habitat X Rare Plant/Animal Habitat X Commercial Uses X 6. For replacement plan or no-loss determinations, are wetland functions maintained at an equal or greater level? Yes (X) No ( ) 7. Does Technical Evaluation Panel recommend approval of the activity proposed in item I.? Yes (X) See attached comments No ( ) If no, why? 8. SIGNATURES ( i f T E P decision i s at a c nsensus, note with an a~terisk and exp pain on the back of this page) SWCD Representative (Date) BWSR epresentative (Date) present ' e (Date) DNR Representative (Date) Drafted by Brian Watson, Dakota SWCD OS-0 Comments The Technical Evaluation Panel (TEP) met to review the proposed wetland replacement plan of Toll Brothers' proposed residential subdivision, Steeplechase of Eagan on June 3 and July 6, 2004. Due to the complexity of the issues on the parcel and the public controversy of this proposed development, the TEP was requested by the City of Eagan to provide technical recommendations relative to consistency of the plan with Wetland Conservation Act (WCA) Rules. Between June 3, 2004 and July 6, 2004 the following occurred: • June P it was determined that the delineation of the wetland basins C1, C2, and C3 needs to be evaluated through a historical aerial photo review, soil survey, and other available materials to determine regulated wetland acreage from incidental wetland acres. • Compensatory mitigation within and around wetland basins C1, C2 and C3 is unacceptable since it is currently wetland and WCA Rule explicitly identifies existing wetlands as ineligible for replacement purposes. • A meeting would be scheduled and held to review historical aerial photographs at Soil and Water Conservation District Office. • A request to extend WCA decision would be needed from the applicant in order for the City to comply with time requirements under WCA Rule. If extension request is not provided, and based on current information, the application would be denied and process would have to be reinitiated for public notice. A 60 day time extension was requested by applicant and accepted by the City on June 7, 2004. • June 11 u' Eric MacBeth (city) Frank Svoboda and Andy Berenberg (applicant's consultants) and Brian Watson (SWCD) met at SWCD office to review wetland boundaries of C1, C2 and C3. • June 17th, 2004 City of Eagan concurred with revised wetland boundaries for C 1, C2 and C3. • June 18`1' a revised wetland application was submitted to the City and the City forwarded copies to SWCD and BWSR staff. • July 6, 2004 a second meeting was held to review revised application. The revised application included an additional 950 square feet of wetland fill (Basin C2), a greater buffer and tree protection to Basin B, and offsite wetland replacement for new wetland credits. The TEP recommends approval of the revised Wetland Replacement Plan application dated June 18, 2004 provided the following issues are addressed: • Application for an incidental wetland exemption will need to be submitted to the City of Eagan for grading work associated with lot development and Pond 6 within the non-regulated wetlands surrounding Basin C1, C2 and C3. • A revised table showing proposed public value credit of at least 26,407 square feet will need to be submitted to the City. Existing wetlands are not eligible for wetland replacement, either new wetland credit or public value credit. • The applicant is responsible for at least 26,407 square feet of public value credit either onsite or offsite through a wetland bank. • The applicant is responsible for providing evidence that offsite wetland replacement credits have been secured prior to issuance of a grading permit by the City. Drafted by Brian Watson, Dakota SWCD C~/ Agenda Information Memo August 17, 2004, Eagan City Council Meeting VIII. CAPONI PROPERTY ACQUISITION/CAPONI ART PARK UPDATE ACTION TO BE CONSIDERED: This information is being presented to provide an update and to provide the City Council with an opportunity to give additional direction as desired. There are no specific action items for consideration at this meeting and no formal City Council action is required. FACTS: • On Wednesday, August 4th two meetings were held. The sub-committee meeting focused on the Maintenance/Operating Agreements. The assessment questions and balances were the subject of the other meeting. ATTACHMENTS: • Enclosed on page25'',J? is a copy of the Caponi sub-committee meeting notes from the meetings held on August 4, 2004. (The Memo of Understanding referenced in the notes has not been forwarded to the City Attorney's Office at this time.) C CAPONI SUB-COMMITTEE MEETING NOTES AUGUST 4, 2004 PRESENT: Tom Hedges, Gene VanOverbeke, Mike Dougherty, Bob McGillivray, Paul Olson, Ken Vraa, Tony & Cheryl Caponi, and Dick Schaffer NOTES: • Dick will complete a draft of the "Memo of Understanding" (MOU) between the City and Art Park Board and forward it to Mike D. for review in anticipation of it going to the City Council as an action item on August 17. • Dick will complete a draft of a "Maintenance/Operating" agreement for City review. The business plan as prepared by the Caponi's may be included as an appendix. Issues may include access, connectivity, insurance, coordination meetings etc. • Al Singer, Dakota County, has indicated that it will be necessary to prepare a resource management plan for the southern 20 acres as a condition of its grant award. Once the County has provided a template or outline for the preparation of such, Paul will coordinate its completion. • Al Singer (Mike Ring) is to provide an outline/example of a "conservation" easement document appropriate for this acquisition. The easement is a requirement of the County Grant. • The next meeting of the sub-committee is scheduled for 9:00 AM, Wednesday, August 18 at City Hall. The intended topic is the maintenance-operating agreement. Note: Prior to the sub-committee meeting, a meeting was held with the Caponi's to explain the assessment issues and balances. Discussions on this topic will continue. as.~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 17, 2004 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE preliminary designation of the Ryland-Schafer/Richardson partnership as the Master Developer for the Cedar Grove Redevelopment District. 2. SCHEDULE A PUBLIC HEARING for the Consideration of the Sale of Property in the Nicols Ridge Development Area in the Cedar Grove Redevelopment District to US Home for Redevelopment Purposes F. OTHER BUSINESS 1. Redevelopment District Update G. ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting August 17, 2004 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. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the July 6, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page Z is a copy of the minutes of the July 6, 2004 EDA meeting. • Enclosed on pages is a copy of the resolution approving the minutes of the July 6, 2004 EDA meeting. iJv l- MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 6, 2004 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 6, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Fields, Tilley, Carlson and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the May 18, 2004 EDA meeting as presented. Aye: 4 Nay: 0 NEW BUSINESS AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND UNITED PROPERTIES FOR THE REDEVELOPMENT OF PROPERTY LOCATED IN THE NORTH DISTRICT OF THE CEDAR GROVE REDEVELOPMENT AREA Community Development Director Hohenstein gave a brief overview of the amended agreement. Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the amended and restated development agreement between the City and United Properties for the redevelopment of property located in the North District of the Cedar Grove Redevelopment Area. Aye: 5 Nay: 0 RESOLUTION APPROVING PURCHASE, LEASE BACK AND RELOCATION AGREEMENTS WITH EAGAN PET CLINIC FOR THE ACQUISITION OF PROPERTY FOR REDEVELOPMENT PURPOSES, CEDAR GROVE REDEVELOPMENT AREA Community Development Director Hohenstein gave a brief overview of the proposed resolution. Commissioner Tilley moved, Commissioner Fields seconded a motion to approve a Resolution Approving the Purchase, Lease Back and Relocation Agreements between the City and the Eagan Pet Clinic for the acquisition of property located in the Nicols Ridge development project of the Cedar Grove Redevelopment Area. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 11:10 p.m. Aye: 5 Nay:0 Date Executive Director 2. If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. ash 3, EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE JULY 6, 2004 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the July 6, 2004 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority 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 17th day of August, 2004. Jon Hohenstein, Secretary/Deputy Executive Director asK L1. Agenda Memo Eagan Economic Development Authority Meeting August 17, 2004 E. NEW BUSINESS 1. APPROVE PRELIMINARY DESIGNATION OF THE RYLAND- SCHAFER/RICHARDSON PARTNERSHIP AS THE MASTER DEVELOPER FOR THE CEDAR GROVE REDEVELOPMENT DISTRICT ACTION TO BE CONSIDERED: To make a preliminary designation of the Ryland- Schafer/Richardson partnership as the Master Developer for the Cedar Grove Redevelopment District. FACTS: • The Cedar Grove Redevelopment project is coming about as a result of the interaction of a wide variety of stakeholders and decision makers. From early in the process, the City's efforts have been guided by a strategy and process that has focused on the City's goals for the project, the roles of the various participants and the feasibility of the potential project(s). The project is at a point at which substantial progress has been made and construction of some aspects of the project has been undertaken. The next step is to identify a developer to carry forward the next phases of the development/redevelopment activity and to outline the process and timeframe within which those phases will occur. • At its meeting of April 13, 2004, the EDA and City Council approved a Request for Proposals (RFP) for a master developer to undertake the remaining development activities in the portion of the Redevelopment Area bounded by Hwy 13, Nicols Road, Cedarvale Parkway and Silver Bell Road and authorized its distribution. • At the Council direction, the RFP focused on selecting a single developer with a proven track record of working closely with cities to reflect the community's vision in a project that can be implemented over a reasonable time frame. It also outlined the City's concept plan, which identified preferred uses and mixes of uses anticipated to be incorporated into the various subdistricts within the area. • Proposals were solicited from a number of prospective developers. One proposal was received on May 21 from the partnership of Ryland Homes, a national residential developer, and Schafer/Richardson, a Twin Cities developer and property management company that is the current owner of the Cedarvale Mall. • The City's redevelopment consultant and staff have met on several occasions with the proposed partnership in the last two months to review details of the development concept and project approach and to complete a developer analysis asq s. Agenda Memo Page 2 Eagan Economic Development Authority Meeting New Business Item 1 August 17, 2004 • for consideration by the City Council. On the basis of those discussions and analysis of the proposal and developer background, staff believes that the Ryland- Schafer/Richardson partnership has the ability to implement a viable redevelopment plan for the Cedar Grove Area. • At its workshop meeting of August 10, 2004, the City Council received a presentation and interviewed the development partnership regarding its background and the concept proposal. On the basis of that discussion, the Council indicated that it wishes to move forward with the developer to take the next steps to refine the concept plans, review financial feasibility, meet with area property owners and other stakeholders and draft a predevelopment agreement. Formal action to confirm that direction is before the EDA and Council at this time. • The City's selection of a Master Developer to be its redevelopment partner is a stepwise process. Not all decisions can or should be made at once. The EDA and Council will consider the refinement of the various aspects of the redevelopment plan over the weeks and months ahead. It is important however for the City and developer to reach successively higher levels of commitment to the project approach as each step in the refinement occurs and related agreements or plans are approved. ATTACHMENTS: • Background regarding the developer and the proposed development concept were included in the August 10, 2004 City Council Workshop packet. a6d Agenda Memo Eagan Economic Development Authority Meeting August 17, 2004 E. NEW BUSINESS 2. SCHEDULE A PUBLIC HEARING FOR THE CONSIDERATION OF THE SALE OF PROPERTY FOR THE DEVELOPMENT OF NICOLS RIDGE SUBDIVISION ACTION TO BE CONSIDERED: To schedule a Public Hearing for the consideration of the sale of property to US Home for redevelopment purposes in the Nicols Ridge Subdivision on September 21, 2004. FACTS: • As a part of the Cedar Grove Redevelopment District activities, the City Council previously authorized staff to acquire properties south of Cedar Grove Parkway for future redevelopment. A number of properties has been purchased at this time. They consist of the former Lachenmeyer, Instant Testing and Beebe properties. • US Home has expressed interest in acquiring the property to redevelop it in future phases of the Nicols Ridge housing development. The City's development agreement with US Home provides the parameters for establishing the price for such a sale and the developer, City staff and attorney are discussing final valuation numbers for consideration in a purchase agreement. Until that discussion is completed, it has not been determined whether US Home would acquire one, two or all three properties at this time. The notice for the public hearing will anticipate all properties, but the agenda item may relate to fewer of the properties. • The discussion of sale of the Lachenmeyer property in particular has been precipitated by the fact that the City has granted the developer a license agreement to locate a sales trailer on the property and the site grading for Phase I of Nicols Ridge has effectively eliminated any other use of the site for public purpose at this time. The potential sale of the other properties is being discussed simultaneously. ATTACHMENTS: • Location map on pages • Proposed properties to be sold on pages a6~ Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint : v~ \ ® ED Enm CES 41 d 1 \ m \ Eb \ 0 \ A\ ~ r ,fir. m ~ ® d ~ ~ w® m Sub ect site ® 6 s OO <10 4r s•' A ® ® ~ e a r ® ~ t o d'L b ea 0 r® g e®m+s ® .a 00-K6 14%W%krk o, 9 MHI e B9 m --J lip X11 1000 0 1000 2000 Feet Cedar Grove Redevelopment Area Subject Area Map Prepar sing ERSI ArcView 3.1. Pa 1 e map data provided N by Da Coun so I cur me of January2004. city of eagan ISM R RE ENCE USE ONLY E The City of Eagan and skate unty n gua Qo the accuracy of this Information and are CommunRy Development Department not rosponsi errors or omissions. S ,tL y Y 0 f ~ , ra e e , `t ,,.tea ~M ~G ~ • 0y~` Arya ytia e'~'~c e5 Cega~gy ~ ~ ~ f- , ~QQ eQ,`P ' ~ ' PGa~oQa4e t• oe% e`oQ G`,~ acre b~ ~e Gto4e Ge Agenda Information Memo Eagan Economic Development Authority Meeting August 17, 2004 F. OTHER BUSINESS 1. Redevelopment District Update - Staff will provide a brief verbal update on the status of the redevelopment districts and respond to Council questions at this time. There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting. ^~6 June 7, 2004 Dear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on September 25, 2004. We are holding our first annual "Septemberfest" at Faithful Shepherd Catholic School and Tri-Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. Our designated area and security plan is attached. The security plan was worked on with Sgt. Jeff Johnson and Detective Doug Matteson of the Eagan Police Department. If you have any questions, I can be reached at 651-452-6750. Thank you for your consideration. Respectfully submitted, Tom Udelhoven, Security Chair 2004 Faithful Shepherd Catholic School "Septemberfest" Security Plan "Septemberfest 2004" September 25, 2004 Designated Property for the event: Designated property for the event will be - Faithful Shepherd Catholic School - Event will be held on the baseball field on the north side of the school - a stage will be set up with bands playing noon to 11 pm. Parking lot of Westside of building will be used for carnival and food stands. No motorized vehicles will be allowed in these designated areas of the event. The designated area to serve and consume alcoholic beverages will be a designated part of the baseball field on the north side of the school. This will be fenced with designated entrance and exit gates. Security Measures: • No person under the age of 21 years of age will be sold or served alcoholic beverages. • No person will sell or give alcohol beverages to an obviously intoxicated person. • All persons who consume, purchase or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from the list provided from the City of Eagan.) • Wrist bands will be issued to those individuals who possess valid identification and are 21 years of age or older. • Alcoholic beverages will only be served to those with proper wristbands. • No person selling alcohol shall be intoxicated or consume alcohol during his or her work shift. • Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to persons intoxicated is prohibited. • Licensee will follow the designated hours listed in the City of Eagan Procedures - (Sales of alcohol will be shut down % hour before the end of the last performance.) • Licensee will provide security to monitor the licensed area - Discussions are in process with Sergeant Jeff Johnson - Eagan Police Department to have two off-duty officers during the hours of noon to 6 pm and five off-duty officers for 6 pm to 11:30 pm. Along with this, there will be a police car stationed at both entrances to the event. • Licensee will designate an on-si a manager i shall be within the licensed designated area at all times during the hours of sale. The on-site manager will complete training in alcohol beverage service and will train servers and security personnel of the same.