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09/07/2004 - City Council Regular~ -~ .,. AGENDA ` EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING September 7, 2004 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS j0 02 A. Recognition of 2004 Fire Department Rookie Class IV®®. CONSENT AGENDA 3 A. APPROVE MINUTES apB. PERSONNEL ITEMS a~ C. CHECK REGISTERS ~~D. APPROVE Depository Services Resolution authorizing the Mayor and Chief Financial Officer /Treasurer to continue to ~ be signers on the City's US Bank accounts. ~j E. ACCEPT $1,000 Donation from Dennis Fox -Fire Department -Water Rescue Boat Equipment 1 a~ F. APPROVE Tree Contractor License -Greenleaf Tree Service, Inc. G. APPROVE Tobacco License -Shell Station H. APPROVE Scope of Work and Cost Proposal, Northeast Eagan Land Use Study I. APPROVE Extension of Final Plat Recording for Central Maintenance Addition J. APPROVE Assessment Agreement, Project 7908, Central Parkway (Northwest Airlines -Storm Drainage) K. APPROVE Final Payment and Authorize City Maintenance of Contract 02-15B (Community Center Site Work) ~3~ L. APPROVE Final Payment and Authorize City Maintenance of Contract 03-04 (North TH 55 Frontage Road/Gift of Mary -Street & Utility Improvements. t fQM. APPROVE Final Payment and Authorize City Maintenance of Contract 04-02 (City-Wide Street Overlays) ~!~/ N. RECEIVE Bids and Award Contract 04-04 (Lexington Avenue - TH 55 to Lone Oak Road) py30. RECEIVE Final Assessment Roll and Schedule Public Hearing for Project 874 (TH 55 North Frontage Road /Gift of Mary -Street & Utility Improvements) l~~P. RECEIVE Final Assessment Roll and Schedule Public Hearing for Project 894 (Coachman Land Co., Century Pointe, Donald Court -Street Overlay) P 45Q. RECEIVE Final Assessment Roll and Schedule Public Hearing for Project 898 (Terminal Drive -Street Overlay) p y6R. APPROVE Change Order No. 1 for Contract 04-07 (Lexington Ridge Court -Street & Utility Improvements) N ~'S. RECEIVE Petition and Schedule Public Hearing for Vacation of Drainage and Utility Easements for Imre /Robert r O'Neil Homestead /Robins Addition (Grand Oak 5 Addition) AUTHORIZE Placement of Snoopy at Community Center U. APPROVE Final Plat -Herriges-Eagan Addition, Herriges-Eagan, Partnership V. PUBLIC HEARINGS p~? A. VACATION OF EASEMENT -Vacation of Public Drainage and Utility Easement, Lot 5, Block 1, Royal Oaks (927 Wild Rose Court) B. VARIANCE -Daniel and Michelle Lodahl - A Variance request of 4.5% to the 20% maximum building coverage in an R-1, Single Family Residential Zoning District on Lot 8, Block 1, Marcella Woods Addition, located at 1361 Grace Drive in the NW '/4 of Section 34. VI. OLD BUSINESS VII. NEW BUSINESS 176 A. PRELIMINARY 2005 GENERAL FUND BUDGET AND TAX LEVY 1~" • Adopt Preliminary 2005 General Fund Budget • Certify Preliminary 2004 (Payable 2005) Property Tax Levy • Set Truth-in-Taxation Hearing Dates • Change the Date of the Second Regular City Council Meeting in December to Monday, December 13 ~B. CONDITIONAL USE PERMIT -Roseville Properties. A Conditional Use Permit to allow outdoor storage and an above ground oil tank on Lot 17, Block 4, Eagandale Center Industrial Park, located at 2955 Eagandale Boulevard in the SW '/< of Section 3. O O C. REZONING, PRELIMINARY AND FINAL PLANNED DEVELOPMENT -Jewish Community Center of St. Paul - A Rezoning of approximately 84 acres from P, Park to PD, Planned Development, a Preliminary Planned Development to create master plans for future camp improvements and a Final Planned Development for a new lodge building and retreat center, located at 821 - 120' Street W. in the SW '/a of Section 35. ~~ g D. ORDINANCE AMENDMENT -City of Eagan - An Ordinance Amendment to approve the publication of the Zoning Map of the City of Eagan, MN pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.20 Subd. 2 of the City Code, incorporating approved rezonings since the last map publication, known errors, and MSP Noise Exposure Zones. jp~ E. ORDINANCE AMENDMENT -City of Eagan - An Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.60, Subd. 21 to delete the nonconforming building and uses section specific to the CGD-Cedar Grove Distract zoning distract. j~VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE /~ A. Approve Comments to the Metropolitan Airports Commission on proposed Part 150 document. X. ADMINISTRATIVE AGENDA XI. ECONOMIC DEVELOPMENT AUTHORITY (There are no items scheduled) " 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 D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS 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. '~~_ -~t ~ ~~ s' `~ V_~_:tt ~~,ti~, .+~~; ~ MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 3, 2004 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 7, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 7, 2004 City Council agenda, the following items are in order for consideration. Agenda Memo September 7, 2004 RECOGNITIONS AND PRESENTATIONS: 2004 FIRE DEPARTMENT ROOKIE CLASS ACTION TO BE CONSIDERED: No action is required FACTS: • These young men and women have been dedicated in service to the community since the class started in January 2004. • With 22 weeks of recommended Fire Fighter 1 class one night a week for 3 hours a night they put in 66 hours. Above that there were special live burn trainings for a grand total of 80 hours. • In addition to the 80 hours they were given the option of attending regular Monday night/Tuesday morning trainings if they felt the desire, and they did. • The training took place mostly in Eagan with instructors from within our department. All this of course is completed outside of our normal work day. This is true dedication form these men and women. Eleven started and to this day this number is still stands. They still have a ways to go. • Required is 40 hours of first responder training, 40 hours of Haz-Mat operations class and finally 20 hours of pump and engine driving class. All within 24 months of joining the fire department. • This one of the most enthused classes in recent years. They have signed up for parades, open houses, and fire prevention events to name a few. Below is a list of the 2004 Apprentice Class: ^ Donna Glazer- Station 1 ^ Chris Prokop- Station 1 ^ Todd Vanguilder -Station 1 ^ Jeremy Grandstand-Station 2 ^ Bret Johnson-Station 2 ^ Michael Fox-Station 3 ^ Julian Powers- Station 3 ^ John Forse- Station 4 ^ Brett Gugino- Station 4 ^ Darrin Bramwell-Station 5 ^ Dan Kriha-Station 5. ATTACHMENTS: None a Agenda Information Memo September 7, 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 17, 2004 regular City Council meeting, the August 24, 2004 special City Council meeting and the August 10, 2004 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 17, 2004 regular City Council meeting are enclosed on pages through ~. • Minutes of the August 24, 2004 special City Council meeting are enclosed on pages through ~. • Minutes of the August 10, 2004 special City Council meeting are enclosed on pages through ~. MINUTES OF A REGULAR MEETING OF THE ®R A F T EAGAN CITY COUNCIL Eagan, Minnesota August 17, 2004 A regular meeting of the Eagan City Council was held on Monday, August 17, 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 Bob Bauer and Administrative Secretary /Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that two items (GG and HH) were being added under the Consent Agenda and Item J of the Consent Agenda will be removed. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan introduced Mrs. Minnesota International and Miss Teen Minnesota Internationa12005. CONSENT AGENDA Items J was removed from the Consent Agenda and item GG was pulled for discussion. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye:S Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 2, 2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Parks and Recreation Department Research and Special Projects employee Beth Wielde. 2. It was recommended 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. 3. It was recommended to approve the promotion of Roger New to Police Sergeant. 4. It was recommended to authorize the issuance of RFP's for Medical and Dental Benefits. C. Check Re isters. It was recommended to ratify the check registers dated August 5, 2004 and August 12, 2004 as presented. D. Proclamation. It was recommended to approve a Proclamation Naming August 19, 2004 as BECT Volunteer Appreciation Day. E. Resi nation. It was recommended to accept the resignation of Airport Relations Commission member Mike Schlax. F. Election Judges. It was recommended to approve the list of judges for the September 14, 2004 Primary Election. G. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. H. Waste Hauler Contract. It was recommended to approve a waste hauler contract with BFI Waste Systems for a period of five years, ending on August 31, 2009. I. Advertisement of RFP. It was recommended to authorize advertisement of Request for Proposal for Park, Recreation, and Open Space Vision Planning Services. J. Contract 04-04. Removed. K. BECT Access Rules. It was recommended to adopt the revised BECT Access Rules minus Section 5.10 regarding political programming. Eagan City Council Meeting Minutes August 17, 2004 Page 2 CRAFT L. Project No. 03-H. It was recommended to approve the extension of the development contract for Kennerick 2"a Addition (City Project No. 03-H) and authorize the Mayor and Deputy City Clerk to execute all related documents. M. Proiect 03-A. It was recommended to acknowledge the completion of Contract 03-A (Centennial Ridge Addition -Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. N. Project 03-J. It was recommended to acknowledge the completion of Contract 03-J (Sienna Woods Addition -Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. O. Proiect 03-K. It was recommended to acknowledge the completion of Contract 03-K (Piney Woods Addition -Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. P. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot 4, Block 5, Pines Edge 15C Addition (539 White Pine Way) and schedule a public hearing to be held on September 21, 2004. Q. Project 893. It was recommended to 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. R. Proiect 895. It was recommended to receive the Final Assessment Roll for Project 895 (Lake Park Shores / Tomas Lake Additions -Street Overlay) and schedule a public hearing to be held on September 21, 2004. S. Project 896. It was recommended to receive the Final Assessment Roll for Project 896 (Lakeside Estates - Street Resurfacing) and schedule a public hearing to be held on September 21, 2004. T. Project 897. It was recommended to receive the Final Assessment Roll for Project 897 (Wilderness Park 2"a and 3`a Additions -Street Resurfacing) and schedule a public hearing to be held on September 21, 2004. U. Final Subdivision. It was recommended to approve a Final Subdivision of 6.3 acres to create l 5 single family lots (Woodland Place Addition) on property located at 630 and 660 Cliff Road in the NW '/< of Section 36. V. Consultant Contracts. It was recommended 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. W. Advertisement for Bids. It was recommended 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. X. Contract 03-09. It was recommended to 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. Y. Contract 03-09. Change Order #6. It was recommended to approve Change Order #6 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. Z. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and 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, Lower Density Residential, upon approximately 120 acres of land located south of Yankee Doodle Road and west of Wescott Woodlands in the W'/z of Section 14. AA. Charter Commission Ballot Question. It was recommended to approve the title, "Decision on Whether to Change Eagan's Form of Government" for the ballot question on the proposed Charter. $B. License Agreement. It was recommended to approve a Land Usage License Agreement with Zielgler, Inc. of Bloomington, MN, and authorize the Mayor and City Clerk to execute all related documents. CC. Lawful Gambling Permit. It was recommended to 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. DD. Proclamation /Resolution Policv. It was recommended to approve the City of Eagan Proclamation / Resolution Policy. EE. RFP for Consulting Services. It was recommended to authorize the solicitation of request for proposals for consulting services to conduct an internal organizational study. FF. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement between the Dakota County Library Board and the City of Eagan for Library access to the Institutional Network. GG. Designation of Ryland-Shafer/Richardson Partnership PULLED FOR DISCUSSION s Eagan City Council Meeting Minutes ®~ August 17, 2004 ,(~ ~` Page 3 ' , !' HH. Selection of New Pollin Pg lace. It was recommended to authorize staff to select a new polling place for Precinct 5 for the 2004 Primary and General Elections and authorize notice to the registered voters. GG. Designation of Ryland-Shafer/Richardson Partnership as the Master Developer for the Cedar Grove Redevelopment District". Patty Kurd representing MICA discussed the need for more affordable housing and requested the City consider including affordable housing in the Cedar Grove Redevelopment District. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the designation of Ryland-Shafer/Richardson partnership as the Master Developer for the Cedar Grove Redevelopment District. Aye: S Nay: 0 PUBLIC HEARINGS VARIANCE - WAYNE ANDERSON City Administrator Hedges introduced this item regarding a request for a Variance to allow a 2-foot encroachment into the required 30-foot setback from a public right-of--way at 3150 Farnum Drive, Unit A. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the City Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve 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"a Addition (3150 Farnum Dr., Unit A). Aye: 5 Nay: 0 VARIANCE -DEBRA NEWMAN City Administrator Hedges introduced this item regarding a request fora 4.2 foot Variance to the established front yard setback of 20 feet to enclose a porch on the front of asinge-family dwelling at 1579 Sherwood Way. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a 4.2-foot Variance to the established front yard setback of 20 feet to enclose a porch on the front of asingle-family dwelling at 1579 Sherwood Way in the SW'/4 of Section 33. Aye: 5 Nay: 0 VACATION OF GUN CLUB ROAD AND PUBLIC EASEMENTS LONG ACRES ADDITION City Administrator Hedges explained that a presentation would be made regarding the request for vacation of Gun Club Road right-of--way, drainage and utility easements, and pubic comment would be taken, however the Council would not take action until later in the meeting in conjunction with the final plat of Long Acres Addition. Public Works Director Colbert gave a staffreport. Mayor Geagan opened the public hearing. There being no public comment he turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing for the vacation of Gun Club Road right-of--way, drainage and utility easements within SE '/a 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. Aye: 5 Nay: 0 6 Eagan City Council Meeting Minutes August 17, 2004 ~f'~ ^ Page 4 V K~ F OLD BUSINESS CONDITIONAL USE PERMIT TO ALLOW PAYROLL CHECK CASHING - WAL-MART City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal-Mart located at 1360 Town Centre Drive. This meeting was continued from the May 18, 2004 City Council meeting to the June I5, 2004 City Council Meeting and then continued to the August 17, 2004 meeting. Councilmember Carlson updated the Council on discussions with Wal-Mart for upgrading the site, and alternative uses of the unused portion of the parking lot. Councilmember Carlson moved, Councilmember Tilley seconded a motion to allow payroll check cashing at the check out registers at Wal-Mart located at 1360 Town Centre Drive; subject to the following conditions: Aye 5 Nay: 0 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 sha1I not engage in any services in which money or funds are Tended, borrowed or pledges 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 8:00 p.m. and 6:59 a.m. 8. The currency exchange business operation shall only occur at the 20 cash register stations. FINAL SUBDIVISION (LONG ACRES 1sT ADDITION) MANLEY LAND DEVELOPMENT FINAL SUBDIVISION (LONG ACRES 2"D ADDITION) MANLEY LAND DEVELOPMENT City Administrator Hedges introduced the next two items regarding a final subdivision (Long Acres 15` Addition) to create 29.6 acres and a final subdivision (Long Acres 2°d Addition) to create 23 single family lots and three outlots on approximately 10.6 acres located south of Gun Club Road at Biscayne Avenue and the vacation of public right- of-way for a portion of Gun Club Road south and east of Biscayne Avenue. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion 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 '/. of Section 36. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion 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. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve 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 '/4 of Section 36. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 17, 2004 ~ A F Page 5 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the vacation of Gun Club Road right-of--way and easements. Aye: 5 Nay: 0 ORDINANCE AMENDMENT: EMERGENCY VEHICLE PREEMPTION City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 8, "Traffic Regulations", regulating the use of the Emergency Vehicle Pre-Emption (EVP) System. Councilmember Tilley moved, Councilmember Fields seconded a motion to 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. Aye: 5 Nay: 0 NEW BUSINESS SELECT NAME FOR EAGAN COMMUNITY CENTER TEEN CENTER City Administrator Hedges explained that the Eagan Teen Advisory Board (E-TAB) is requesting Council choose the name for the Community Center Teen Center from a list of three names that area teens voted on for the center. Members of E-TAB explained they had polled area teens regarding the proposed names. The top three names were The Outhouse, Adrenaline, and The Oasis. Councilmember Fields moved, Councilmember Tilley seconded a motion to name the Community Center Teen Center "The Oasis". Aye: 5 Nay: 0 APPOINTMENT OF NEW AIRPORT RELATIONS COMMISSION MEMBER City Administrator Hedges explained that due to the resignation of a current Airport Advisory Commission member, the Commission Appointment Policy states that the vacancy 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. Of the four applicants that sought appointment to the ARC but were not appointed, Tammy Mencel and Jack Prentice have voiced their interest in serving. Ballots were distributed to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to ratify the vote appointing Tammy Mencel as the new Airport Relations Commission member. Aye: 5 Nay: 0 RECEIVE PETITION FOR EAW -STEEPLECHASE OF EAGAN City Administrator Hedges introduced this item regarding a citizens petition for an Environmental Assessment Worksheet (EAW) for the Steeplechase of Eagan development proposal which is a request for a rezoning of approximately 38 acres, preliminary subdivision to create 36 single family lots and 73 townhome lots and wetland replacement plan for property located on the old Diamond T Rand site on Pilot Knob Road . City Planner Ridley gave a brief overview of the proposed development. Councilmembers discussed the need for an EAW and it was determined that an EAW is warranted based on the following conclusions: • The project site has been contaminated with a significant quantity of animal waste • The project site contains buried debris from the former Metropolitan Sadium site. • There is significant evidence that all five wetlands have suffered varying degrees of degradation and varying amounts of fill by previous land owners. • The proposed housing density under the project introduces townhouse units to maximize development of the project site. • The applicant proposed to remove a significant protion of the trees from the project site. 8' Eagan City Council Meeting Minutes August 17, 2004 Page 6 °R.aFr • The project will result in a significant change of circumstances at the project site and the surrounding Lebanon Hills Regional Park and the surrounding neighbors. Councilmember Maguire moved, Councilmember Carlson seconded a motion to receive a citizens petition for an Environmental Assessment Worksheet (EAW) for the Diamond Tproperty-Steeplechase of Eagan development proposal. Aye: 5 Nay:O Councilmember Maguire moved, Councilmember Carlson seconded a motion to determine that a need does 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. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges noted that two meetings regarding the Caponi property acquisition had been held regarding the maintenance/operating agreements and assessment questions and balances. ADMINISTRATIVE AGENDA SEPTEMBER SPECIAL CITY COUNCIL WORKSHOP City Administrator Hedges suggested that the Council reschedule their September workshop to Monday, September 13, due to the special election being held on Tuesday, September 14 and Rosh Hashanah beginning on September 15. Councilmember Fields moved, Councilmember Tilley seconded a motion to reschedule the September City Council Work Shop from Tuesday, September 14 to Monday, September 13. Aye: 5 Nay: 0 WELLHEAD PROTECTION PLAN Director of Public Works Colbert provided information regarding the Wellhead and Source Protection Plan. The regular City Council meeting was recessed at 8:15 p.m. and a meeting of the Economic Development Commission was immediately convened. The regular City Council meeting was reconvened at 8:20 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:21 p.m. Date Administrative Secretary /Deputy Clerk 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. 9 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY AUGUST 24, 2004 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff members present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, Forester Hove, Superintendent of Recreation Asfahl, Parks and Recreation Administrative Coordinator Mesko, Superintendent of Streets Struve, Chief Building Official Schoeppner, City Planner Ridley, Battalion Chief Diloia, Director of Communications Garrison, Police Chief Therkelsen, Captain McDonald, Director of Community Development Hohenstein, Superintendent of Parks Olson and Public Works Director Colbert. I. ROLL CALL & AGENDA ADOPTION Mayor Geagan called the meeting to order. City Administrator Hedges noted that item III. Contract 04-04 Lexington Ave. - TH 55 to Lone Oak Road -Street Improvements (Contract Award) is asked to be continued to September 7 due to timing issues associated with MnDOT. City Administrator Hedges requested that the City Council add a tobacco license request for CVS Pharmacy to their agenda. Hedges also noted that the City received a ruling from the Court of Appeals that the City prevailed in the Dahline v. the City of Eagan lawsuit. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt the agenda as modified. Aye: 4, Nay: 0 (Councilmember Fields not yet present) II. VISITORS TO BE HEARD There were no visitors to be heard. /0 Special City Council Minutes August 24, 2004 Page 2 of 4 III. CVS TOBACCO LICENSE City Administrator Hedges distributed the tobacco license application of CVS Pharmacy. CVS is requesting the license at the August 24 Workshop because their grand opening precedes the next regular City Council meeting. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the tobacco license application of CVS Pharmacy. Aye: 4 Nay: 0 (Councilmember Fields not yet present) IV. CONSIDERATION OF DRAFT 2005 GENERAL FUND BUDGET AND PROPOSED 2005 LEVY CERTIFICATION City Administrator Hedges introduced the item noting that preparation of the 2005 Preliminary General Fund Budget began this past June. Since that time, the budget team has met with each of the departments on two occasions to finalize the City Administrator's recommended budget. Hedges informed the Council that the City must certify a proposed levy to the County Auditor, adopt a proposed budget, and select dates for the initial and continuation Truth and Taxation Hearings no later than September 15. Hedges noted that formal City Council action to comply with those requirements is currently scheduled for the September 7, 2004 regular City Council meeting. Hedges added that the purpose of the workshop is to consider the Preliminary General Fund Budget only; and, the Enterprise Funds will be before the City Council for their consideration later this year. City Administrator Hedges provided background on the 2005 Preliminary Budget and noted that Department Directors were instructed to target an inflationary 3 percent increase or less in each department. Hedges noted that the Preliminary Budget that is certified can be decreased, however, the amount certified cannot be increased. Hedges noted that the City of Eagan has historically been a relatively low service delivery-City committed to limited government. He also cited the recent community-wide survey undertaken in the summer of 2002, which showed that Eagan compares very favorably, meaning a higher percentage of approval, compared to Eagan's neighboring cities and Dakota County. Hedges noted that Eagan is the lowest in per capita spending in Minnesota cities over 50,000 in population. Hedges informed the Council that per their direction, the 2005 Preliminary Budget does not include revenue calculations for the Homestead Market Value Credit. The supplemental funding sources included with the 2005 Preliminary General Fund Budget were summarized, including the Public Utility Fund Balance, General Fund Renewal and Replacement, and the Part II CIP. Hedges concluded by highlighting the proposed City market value, tax capacity, and Community Center bond debt service. City Administrator Hedges introduced the Department Directors to provide overviews of the departmental budgets being recommended by the City Administrator. Director of Community Development Hohenstein, Chief Building Official Schoeppner, and City Planner Ridley provided an overview of the Community Development proposed budget. The Council discussed the proposed budget and inquired about the increase in conferences, training, dues and memberships. // Special City Council Minutes August 24, 2004 Page 3 of 4 City Administrator Hedges provided an overview on the Mayor and City Council and Administration budgets. City Administrator Hedges reminded the Council that should the Council wish to adjust the compensation for the Mayor and City Council, the change in compensation would go into effect beginning January 2005. Hedges also noted that per the direction of the Council, an organizational study is currently underway to determine appropriate resource allocation within the City. The City Council requested that staff provide the Council with a spread sheet that identifies shifts in the budget for one department to another. Councilmember Fields arrived at 6:15 p.m. Director of Administrative Services provided an overview on the Information Technology, City Clerk and Finance Department budgets. The City Council asked staff to provide a best estimate on the potential costs if the Charter is adopted. City Administrator Hedges provided an overview on the Legal Services budget. The City Council asked Hedges to bring back information as to why Legal Services has increased significantly since 2002. Director of Communications Garrison provided an overview on the proposed Communications budget. The City Council discussed the budget and, in particular, discussed the City providing live web casting of City meetings which would allow a digitized, searchable video record of each meeting available to the public. The City Council recessed at 7:00 p.m. The City Council reconvened at 7:10 p.m. following a short break. Police Chief Therkelsen and Captain McDonald provided an overview of the proposed 2005 Police budget. Police Chief Therkelsen noted the attrition levels anticipated within the next decade. Therkelsen provided an overview of the proposed reorganization, within the department. The City Council discussed the proposal, and inquired about the percentage of non-sworn staff within the department as well as the depth of the Dispatch Center. City Administrator Hedges introduced the proposed Fire Department budget and noted that Chief Bob Kriha was out of town. Hedges introduced Day Battalion Diloia to summarize the Fire Department proposed budget. The City Council discussed the proposed addition of a Dispatcher within the Police Dispatch Center in order to handle the fire dispatch responsibilities. City Administrator Hedges noted that the full-time Fire Chief position continues to be studied by the Fire Department, but is not included in the 2005 budget proposal. The City Council discussed firefighter recruitment, including the number of firefighters available during the day and night shifts. The City Council also discussed the depth within the Dispatch Center and the importance of not burning out valuable Dispatchers. /a2 Special City Council Minutes August 24, 2004 Page 4 of 4 Public Works Director Colbert and Superintendent of Streets Struve provided an overview of the three Public Works Budgets, including Engineering, Streets and Highways, and Central Services. The City Council discussed the proposed implementation of a salt only ice removal experimental program in a portion of the City. Struve noted that by going to a salt only program, the clean up costs and environmental impacts associated with winter sanding would be reduced. The City Council voiced their support for the experimental program. The City Council recessed at 8:00 p.m. The City Council reconvened at 8:15 p.m. following a short break. Parks and Recreation Administrative Coordinator Mesko, Superintendent of Parks Olson, Superintendent of Recreation Asfahl, and City Forester Hove provided an overview on the Parks and Recreation and Tree Conservation budgets. The City Council discussed the proposed maintenance position within tree conservation. The Council inquired as to whether the position could be contracted. The Council also asked staff to come back with a break down as to the actual increases or decreases within the Parks and Recreation Department that take into account revenue offsets. Upon completion of the departmental presentations, the City Council discussed the public policy issues pertaining to the 2005 Preliminary Budget. The City Council directed that the Truth and Taxation Hearing dates be scheduled for Monday, December 6, and Monday, December 13. City Administrator Hedges noted that the preliminary tax levy will be scheduled for consideration at the September 7, 2004 regular City Council meeting at which time the Council will be asked to adopt a preliminary levy. It was again noted by City Administrator Hedges that the preliminary levy will serve as a starting point and can be adjusted downward; however, the levy cannot be increased once the preliminary levy is adopted. The Council affirmed their support in the use of the supplementary funding sources for the non-reoccurring appropriations included in the proposed budget. The Council also reaffirmed its determination on the use of the fund balance as a contingency for operations and as a savings account. The Council requested that they be provided information regarding how funding levels within the contingency have changed over the past few years. Staff was directed to bring back responses to questions raised at the August 24 Workshop to the September 13 City Council Workshop. V. OTHER BUSINESS City Administrator Hedges distributed an unofficial copy of the Opinion which states that the City prevailed in the Dahline v. City of Eagan Court of Appeals case. VI. ADJOURNMENT The City Council adjourned at 9:00 p.m. /.3 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY AUGUST 10, 2004 5:30 P.M. EAGAN ROOM -EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff members present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Administrative Services Van Overbeke and Director of Public Works Colbert. I. ROLL CALL & AGENDA ADOPTION Mayor Geagan called the meeting to order. City Administrator Hedges requested that the City Council add to their agenda the consideration of the Municipal Cooperative Agreement with MnDOT for Project 859 (Lexington Avenue/THSSBIue Gentian Road-intersection reconfiguration). Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda as presented, and include the Municipal Cooperative Agreement as the first item of business. Aye: 4, Nay: 0 (Councilmember Carlson not yet present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. MUNICIPAL COOPERATIVE AGREEMENT City Administrator Hedges introduced the item noting that the Municipal Cooperative Agreement with MnDOT is required in order to get funding from MnDOT for the project. Hedges added that the agreement must be approved before the bid advertisement. Councilmember Carlson arrived at 5:40 p.m. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Municipal Cooperative Agreement with MnDOT for Project 859. Aye: 5, Nay: 0 /y Special City Council Minutes August 10, 2004 Page 2 of 6 IV. LOCKHEED MARTIN STORM SEWER AGREEMENT /GRADING PERMIT Mayor Geagan thanked representatives of Lockheed Martin for being present and noted that he and City staff members have had previous meetings with Lockheed Martin over this issue. City Administrator Hedges introduced the item noting that during the fall of 2000, the City entered into negotiations with Lockheed Martin (LM) to obtain right-of--way to accommodate Central Parkway. This involved incorporating several old easement and assessment agreements into a new comprehensive master agreement. Hedges added that in an effort to address storm drainage obligations, LM has never paid a storm water trunk assessment. It was agreed that no storm sewer assessments would be charged to LM until such time in the future when significant development or expansion of the LM property causing more impervious surface would occur. Hedges noted that in an agreement that was executed by both LM and the City of Eagan in December of 2001, which specifically defined "significant development" to be: "an increase in the impervious surface area of the LM property in excess of 30,000 square feet." Hedges noted that LM is now proposing to shift and add parking to their corporate entrance to enhance property security, which according to conditions in the agreement has triggered the need to pay the trunk storm sewer charges of $302,481.73 (2004 rates). Public Works Director Colbert gave an overview of discussions held with LM thus far on the issue of the grading permit and storm water trunk assessments. Colbert noted that the City Attorney has opined that the agreement between the City and LM is being properly applied given the increase in impervious surface. Director of Administrative Services VanOverbeke provided background regarding the financing of the storm sewer trunk infrastructure within the City. VanOverbeke also summarized the corporations within Eagan that have paid the trunk storm sewer assessments. Kevin Darrenkamp, General Counsel for LM, presented LM's case regarding why the company believes they should not be required to pay the storm water trunk assessment charge. The City Council discussed LM's position, as well as the agreement that was executed between LM and the City in 2001. It was suggested by the Council that the assessment charge be amortized over a fifteen year period. There was City Council consensus that they would like to see an amortization plan in place for LM and that this issue needs resolution before the grading permit will be issued. The Council added that the permit will be issued contingent on LM's payment. V. CEDAR GROVE REDEVELOPMENT RFP DISCUSSION City Administrator Hedges introduced the item noting that on 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 Highway 13, Nicols Road, Cedarvale Parkway and Silver Bell Road and authorize its distribution. Hedges noted that proposals were solicited from a number of prospective developers and one proposal was received. The one proposal submitted was from the partnership of Ryland Homes, a national /S Special City Council Minutes August 10, 2004 Page 3 of 6 residential developer, and Schafer/Richardson, aTwin Cities developer and property management company that is the current owner of the Cedarvale Mall. Hedges thanked the developers and City staff for their work on this project thus far. Director of Community Development Hohenstein provided an overview of the RFP process that has taken place thus far and introduced Jim Prosser of Ehlers and Associates. Mr. Prosser provided the Council with a presentation on suggested redevelopment strategies in Cedar Grove. Director of Community Development Hohenstein acknowledged the Cedar Grove business owners and residents that were in the audience. Hohenstein then introduced Chris Enger and Brian Sullivan of Ryland Homes and Brad Schafer of Schafer/Richardson. The representatives then provided the City Council with a presentation of their redevelopment proposal for the Cedar Grove Area. The City Council discussed the presentations provided by Ryland Homes and Schafer/Richardson. The City Council discussed ways in which the community could have input into the redevelopment plans. It was suggested that a community open house be scheduled to help develop more refined plans. There was discussion regarding the financial clarity of the plan and the expectation that the development will be financially feasible. There was an inquiry as to what the expectations of the City are from the developer, e.g. land assembly, condemnation, development agreements, etc. Jim Prosser noted that potential expectations of the developer could be: 1.) financial assistance; 2.) assistance with land assembly; and 3.) permitting/land use considerations. The City Council recessed at 7:26 p.m. to allow for a change in tapes by the production crew and a City Council break. The City Council reconvened at 7:47 p.m. Director of Community Development Hohenstein noted that the questions raised at tonight's meeting would be responded to and provided back to the City Council. There was City Council consensus that the next step would take place on the August 17 Economic Development Authority agenda, at which time the EDA could consider the approval of a preliminary designation of the Ryland Schafer/Richardson partnership as the master developer for the Cedar Grove Redevelopment District. VI. CONSIDER EQUIPMENT REQUEST BY THE EAGAN FIRE DEPARTMENT City Administrator Hedges introduced the item noting that 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. It was noted that 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. /6 Special City Council Minutes August 10, 2004 Page 4 of 6 Director of Administrative Services provided a summary of financing options available to fund the two pieces of equipment. The City Council discussed the replacement and financing plan for the two pieces of equipment. Eagan Volunteer Firefighter Mike Seott was present to respond to questions from the City Council. There was City Council consensus to fund the two pieces of equipment from the Equipment Revolving Fund -fund balance. The Council directed that formal consideration be scheduled on the August 17, 2004 City Council agenda. VII. RECEIVE FEEDBACK FROM BURNSVILLE CITY COUNCIL AND TELECOMMUNICATIONS COMMISSION REGARDING PROPOSED POLITICAL PROGRAMMING AND BECT ACCESS RULES City Administrator Hedges opened the item noting that on July 13, the Eagan City Council provided feedback on three different options regarding political programming rules and gave direction that it preferred the more restrictive Option 2. Hedges added that noting the current election season and the fact that there have been no complaints about the existing political programming rules in the last 19 years, the City of Burnsville suggests approving the balance of the updated operating rules and continue to operate under the existing rule to provide open access for political programming. It was also Burnsville's recommendation that the Telecommunications Commission continue to study the matter through the 2004 election season and report back if any changes are recommended. Communications Director Garrison provided an overview of the discussion that took place at the July 28 Telecommunications Commission meeting at which time the Commission agreed with the recommendation of the City of Burnsville. Garrison also added that Commission Attorney Mike Bradley has advised that Option 2 for the political programming rules would likely be legally upheld for the government access and community access channels, but not on the public access channels. The City Council discussed the recommendation of the City of Burnsville and BETC. There was City Council consensus that the balance of the access rules can proceed ahead and be scheduled for the August 17 Consent Agenda. It was also the consensus of the Council that the Eagan Communications Committee meet with the Burnsville Communications Committee to further discuss the political programming rules. VIII. CONSIDER FINANCE COMMITTEE RECOMMENDATION RE: FLOW RIDER City Administrator Hedges introduced the item noting that at the direction of the City Council staff has looked at enhancement opportunities at Cascade Bay in an attempt to maintain /~ Special City Council Minutes August 10, 2004 Page 5 of 6 high visibility and popularity in the metro area. Hedges noted that staff also made it a goal to engage and retain more of the teen population as active participants at Cascade Bay and thus has been investigating the Flow Rider feature. Hedges also noted that upon seeing the video presentation of the Flow Rider feature, the City Council directed the Finance Committee to study the issue in more detail. Hedges added that the Finance Committee met on July 20, 2004, however, made no recommendation, but asked that consideration be brought back before the full City Council. City Administrator Hedges suggested that the City Council consider conducting an engineering analysis to look at the potential Flow Rider site and whether the site is suitable for the Flow Rider. The City Council discussed the prospective Flow Rider feature. It was noted that the ECVB has expressed their interest in marketing this feature across the country. There was City Council consensus to proceed with an engineering feasibility study, to include soil samplings, on the potential site for the Flow Rider. The Council requested that upon receiving the findings of the feasibility study, the issue come back to the City Council for a discussion regarding the potential financial implications of the Flow Rider feature. There was consensus that no action would be scheduled for an upcoming City Council agenda until the Engineering Feasibility study findings are complete. IX. REVIEW OF PROPOSED CITY PROCLAMATION POLICY City Administrator Hedges introduced the item noting that per the request of the Council at the July 13 Special City Council Workshop, the draft policy pertaining to the consideration of proclamations and resolutions has been back to a workshop for further Council discussion. There was City Council consensus to modify the policy to insert that the City will only consider proclamations or resolutions that pertain specifically to "City of Eagan" local government service delivery. The Council directed that the revised proclamation policy be included on the August 17, 2004 Consent Agenda. X. 2005 GENERAL FUND BUDGET UPDATE City Administrator Hedges provided an update to the City Council on the 2005 General Fund Budget process. He noted that the City's budget team has met with each of the Department Directors to discuss the departmental requests that have been submitted. Hedges also noted that per the direction of the Council, the estimated market value homestead credit will not be used as a revenue source in balancing the 2005 General Fund Budget, but will be set aside with potential uses noted for consideration if and when the state actually makes payment to the City. Hedges noted that the City must certify a proposed levy to the county auditor, adopt a proposed budget, and select dates for the initial and continuation truth and taxation hearings no later than September 15, 2004. City Administrator Hedges also informed the City Council that he has requested that all departments provide an overview of their operations and budget requests during the budget workshop on August 24. XI. OTHER BUSINESS /F Special City Council Minutes August 10, 2004 Page 6 of 6 There was no other business to be discussed. XII. ADJOURNMENT Councilmember Maguire moved, Councilmember Carlson seconded a motion to adjourn the meeting at 8:30 p.m. Aye: 5, Nay: 0 /9 Agenda Information Memo September 7, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Preschool Program Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Katie Gerloff as a part-time seasonal preschool program assistant. Item 2. Park Maintenance Workers-- ACTION TO BE CONSIDERED: ^ To approve the hiring of two persons to be recommended as Park Maintenance Workers. FACT: Interviews were held this week for two Park Maintenance positions. Background and reference checks are currently being performed. Hopefully, the names of two persons to be recommended for hire will be available by the Council meeting on Tuesday; if not, approval of "two persons to be recommended" is past practice. The Council would then be informed of the names of the persons as soon as they are available. Item 3. Retirement/Planning Aide-- ACTION TO BE CONSIDERED: To accept the resignation of Marilyn Wucherpfennig, Planning Aide in the Community Development Department, who is retiring after 20 years of service to the City. Item 4. Accounts Payable Clerical Technician ACTION TO BE CONSIDERED: To approve the change in status of the Accounts Payable Clerical Technician position from Full- time status (40 hours/week) to Part-time status (34 hours/week). ao Agenda Information Memo September 7, 2004 Eagan City Council Meeting G RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 19, 2004, August 26, 2004 and September 2, 2004 as presented. ATTACHMENTS: Check registers dated August 19, 2004, August 26, 2004 and September 2, 2004 are enclosed without page number. ai Agenda Memo September 7, 2004 Eagan City Council Meeting CONSENT AGENDA: D. Depository Services Resolution authorizing the Mayor and Chief Financial Officer/Treasurer to continue to be signers on the City's US Bank accounts. ACTION TO BE CONSIDERED: Approve Depository Services Resolution authorizing the Mayor and Chief Financial Officer/ Treasurer to continue to be signers on the City's US Bank accounts. FACTS: • In updating their records, the City's bank, US Bank, has requested the City certify a current resolution designating the bank as a depository and authorizing the current check signers to continue to be check signers on the account. • The authorized check signers are Mayor Geagan and Chief Financial Officer/Treasurer Pepper. • The resolution maintains the status quo. This is a housekeeping matter. ISSUES: None ATTACHMENTS: A copy of the resolution is attached on pages ~ through as DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: CONTACT: 1c:m ~t0~1'- GZ.n~ IICt_n (]Ue/~eKz, ~~ r,~a F; n K ADDRESS: 3 0.~0 t~~ lob ~no6 ~oa-d F ct ~c~r~ , t1'l - n n c so +~ 55 I z z TAX IDENTIFICATION NUMBER: ~ ~ - Q ~ 1{ `7 (D 1 Z. I, .~ hUm c~5 t.V~ • 1J2 ~ e ~ (name of certifying officer) do hereby certify that I am the Chief F+ n u nC i c.L l O `C.~ ~/' (title of certifying o,Jj`icer) of the above-named entity (therein called the "Depositor's a ~, i ~ ~ existing under the laws of the State of (Y\ i n f1t SU 1-G~, and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly and properly called and held on the day of 20 _ ; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED, that U.S. Bank National Association is hereby designated as a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorsed; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed in the section entitled "Authorized Signers", and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particulaz, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. RESOLVED, that the C~ i 2~ ~i f1 0.n C.l ~ ~ ~~ T Ce ~ (identify certifying officer by title) hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. o~ RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby aze, in all respects ratified, approved and confirmed. I fiuttter certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing boazd identified above are as set forth below in the section of this Resolution entitled "Authorized Signers". I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the 1RS has notified the Depositor that it is no longer subject to backup withholding. I further certify that the Authorized Signers below are also hereby authorized to transact any and all other business with and through the Bank regarding this account, including, without limitation, treasury management services offered by Bank. _ C~ Account Number: f Q ~7 cJ 5 ~ 7 17 ~d Authorized Name Title ~. Ct1~e f ~ nano al 0~'icf lore ~~~Der -Trcascirc~ i~~.t C}eaga~n ~'la.•.~ o~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this day of , 20 (Certifying Of,~icer) (Attest by one other officer) (Title) ~~ (Title) Agenda Information Memo September 7, 2004, Eagan City Council Meeting E. ACCEPT $1,000 DONATION FROM DENNIS FOX -FIRE DEPARTMENT-WATER RESCUE BOAT EQUIPMENT ACTION TO BE CONSIDERED: To accept a $1,000 donation from Dennis Fox for the purchase of equipment for the City's water rescue boat. FACTS: • Dennis Fox, brother of Mark Fox and uncle of Michael Fox -both Station 3 firefighters, has agreed to donate $1,000 to the City to be used for the purchase of equipment for the water rescue boat. • The City's water rescue boat is housed at Fire Station 3. • A thank you letter has been prepared for Mr. Fox. ATTACHMENTS: • Attached on page ~~ is a copy of a resolution accepting the gift. as EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, NIINNESOTA A regulaz meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 7, 2004, at 6:30 p.m. The following members were present: Geagan, Maguire, Cazlson, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Dennis Fox has offered to donate $1,000 for use by the City of Eagan to purchase equipment for the City's water rescue boat; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Dennis Fox for the gracious and generous donation. ADOPTED this 7th day of September, 2004. Pat Geagan, Mayor ATTEST: Maria Karels, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declazed duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. a~ Agenda Memo September 7, 2004 CONSENT AGENDA: F. TREE CONTRACTOR LICENSE - GREENLEAF TREE SERVICE, INC. ACTION TO BE CONSIDERED: Approve Tree Contractor License for Green Leaf Tree Service, Inc., 1102 4th St., St. Paul Park, MN FACTS: • All requirements of the application have been met • Staff deems the license in order for approval ATTACHMENTS: • None a~ Agenda Memo September 7, 2004 CONSENT AGENDA: G. TOBACCO LICENSE -The Metro Group of MN, LLC ACTION TO BE CONSIDERED: Approve Tobacco License for The Metro Group of MN, LLC (Shell Station) at 1650 Diffley Road. FACTS: ~ This tobacco license is for the new Shell Station on Diffley Road which will be opening on September 7th • All requirements of the application have been met • Staff deems the license in order for approval ATTACHMENTS: • None a8 Agenda Information Memo September 7, 2004 Eagan City Council Meeting Consent Agenda H. APPROVE SCOPE OF WORK AND COST PROPOSAL, NORTHEAST EAGAN LAND USE STUDY ACTION TO BE CONSIDERED: To approve the scope of work and cost proposal of Hoisington-Koegler Group, with Ehlers and Associates and SRF as subcontractors to perform the Northeast Eagan Land Use Study. FACTS: - Development proposals for the I;aukka 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 identified three consultants to focus on specific aspects of the study topics - Hoisington-Koegler Group -Land Use, Ehlers and Associates -Financial, and SRF - Traffic. At its meeting of August 20, the Council authorized staff to work with the proposed consultants to finalize the scope of work and cost proposal for the project. In order to better coordinate the work, the work program identifies Hoisington Koegler as the lead, with Ehlers and SRF acting as subcontractors. - The project anticipates the study report to be completed for Council consideration prior to the expiration of the moratorium in March 2005. The proposed cost of the study is $59,735, inclusive of expenses. It is anticipated that the cost will be covered by an allocation from the contingency/fund balance. ATTACHMENTS: (1) Proposed Study Work Program and Budget on pages ~D`,~5~ a9 Northeast Eagan Land Use Study Scope of Work September 2, 2004 Overview This document describes the scope of work the Northeast Eagan Land Use Study (the "Study"). The catalyst for the Study is a requested change to the permitted land use for an area within the Northeast Quadrant of the City. The property is currently planned for commercial uses. A 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 Study has been authorized to provide the City Council with appropriate information to determine if the current land use designation should change, and if so what the appropriate land use should be. Assumptions This scope of work is based on the following assumptions: 1. A "Study Advisory Committee" will be established to serve as the steering committee for the process. The Study Advisory Committee will direct, monitor and evaluate the work of the consulting team. The Study Advisory Committee provides policy and process direction to the Study. At the discretion of the City Council, the composition of the Study Advisory Committee may include members of the City Council, the Planning Commission, other boards/commissions, representative from Inver Grove Heights and possibly the general community. 2. The process will include periodic checkpoint or study status meetings between the Study Advisory Committee 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. 3. It is anticipated that the planning process will conclude during the first quarter of 2005. 4. Hoisington Koegler Group Inc. (HKGi), Ehlers & Associates (Ehlers) and SRF Consulting Group (SRF) will provide consulting services for the Study. HKGi will be the prime consultant and will enter into subconsultant agreements with Ehlers and SRF. This approach ensures the proper coordination of tasks in the planning process and compilation of the findings and recommendations into a final document. 5. City staff will actively participate in the Study; however, the scope of work is designed in minimize additional demands on city staff. Staff will provide the consultants with existing plans, proposals and data about the Study Area. Staff will be responsible for making meeting arrangements including facilities and the duplication and distribution of materials. ,~o Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page Z of 6 Work Program Task 1-Organize the Study Process 1.1 Collect and review existing information. The consultants must begin the project with a clear understanding of the Study Area and existing plans and proposals. Among the items to be reviewed are: • Comprehensive Plan • Plan for Special Area 1 • Zoning ordinance • Development proposals and supporting information • Relevant staff reports • Commercial Area Study • MnDOT 2002 traffic counts 1.2 Prepare base mapping. Computerized mapping will be used to illustrate characteristics and development alternatives for the Study Area. The City will provide AutoCAD and Arcview files for this purpose. In addition to a base map and most recent aerial photography of the Study Area and surrounding property, the consultants will use existing GIS parcel data to illustrate: • Current land use • Future land use • Current zoning • Ownership • Property valuation 1.3 Conduct kick-off meeting with staff. The consultants will meet with city staff to prepare for the initial steps in the planning process. The focus of this meeting will be organizing the Study Advisory Committee, establishing a meeting calendar, use of City newsletter and website to provide Study updates, and determining the need for collecting supplementary data. 1.4 Collect intersection data. SRF will collect a.m. and p.m. peak hour turning movement counts at the following intersections ("*" indicates use of existing MnDOT counts from August 2002): • TH 149/I-494 North Ramps* 3/ Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page 3 of 6 • TH 149/I-494 South Ramps* • TH 149/O'Neill Road • TH 149B1ue Gentian Road/Northwest Parkway • TH 149/Lone Oak Parkway* • TH 149 (N. Leg)/TH 55 • TH 55/Lone Oak Road • TH 55/TH 149 (S. Leg) 1.5 Conduct interviews. HKGi will conduct up to five interviews of stakeholders in the development of the Study Area. The parties to be interviewed will be determined by staff. Potential candidates for interviews include Loan Oak Development group, NWA, EcoLab and CSM. The purpose of the interviews will be to learn about development plans and concerns that should be considered during the planning process. 1.6 Prepare goal summary. HKGi will summarize existing goals and policies related to the Study Area. The summary will address current goals and objectives for land use in Special Area 1 and broader community goals outlined in the Comprehensive Plan. This summary forms a framework for evaluating land use options for the Study Area. 1.7 Conduct kick-off meeting with the Study Advisory Committee. The initial meeting of the Study Advisory Committee will include these items: • Review of Study objectives and work program. • Establishment of meeting schedule for Study Advisory Committee. • Initial orientation to Study Area. • Review of goal summary and determination of applicable evaluation criteria. Task 2 -Define Development Scenarios 2.1 Create scenarios. Current City land use plans and the development proposal provide two scenarios to be considered. HKGi will prepare not more than two other scenarios that depict potential uses of this property. 2.2 Review scenarios with staff. The consultants will meet with city staff to review and adjust the alternative development scenarios. This meeting will begin the identification of "outcomes" of the scenarios. The outcomes are the data needed to analyze the implications of each scenario. The anticipated outcomes include population, jobs, and property valuation. 2.3 Review scenarios with Study Advisory.Committee. The development scenarios will be presented to the Study Advisory Committee. Feedback from the Study 3a Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page 4 of 6 Advisory Committee will be used make final modifications in the scenarios. This meeting will also provide the opportunity to adjust the evaluation criteria. 2.4 Conduct Council Checkpoint #l. This meeting will be a working session designed to update the City Council on development scenarios and next steps in the process. 2.5 Quantify the scenarios. The consultants will use the scenarios approved by the Study Advisory Committee to produce the outcomes required for analysis of the development implications. The outcomes will include estimates of jobs, population and property valuation. Task 3 -Analyze the Implications 3.1 Analyze traffic implications. SRF will undertake the following tasks to analyze the traffic implications of the development scenarios identified in Task 2: 3.1.1 Estimate the new total trips that will be generated in the a.m. and p.m. peak hours and on a daily basis using current ITE trip generation rates. 3.1.2 Distribute and assign the a.m. and p.m. peak hour trips (from development scenarios and adjacent development areas) to the existing roadway system and street intersections. 3.1.3 Analyze a.m. and p.m. peak hour operations at the intersections listed in Task 1.4 for existing and future build (one year after construction) conditions. 3.1.4 Determine what improvements (if any) are needed to accommodate the proposed development with acceptable levels of service. Address the need for a new north-south connection to Lone Oak Road and the upgrade of Lone Oak Road. 3.2 Analyze financial implications. Ehlers will undertake the following tasks to analyze the financial implications of the development scenarios identified in Task 2 3.2.1 Review service impacts for major capital and operating areas with staff. Prepare estimated present costs for each scenario. Prepare city revenue estimates for each development scenario. 3.2.2 Review estimated school population with School District for each scenario. Prepare cost and revenue estimates for each scenario. 3.2.3 Review estimated impact on County services with County. Prepare estimate of increase cost of services and revenues. 3.2.4 Prepare annual debt service, operating costs and revenue estimates for water, sewer and storm expansion requirements (if any). 3.2.5 Prepare projected property tax revenues for each development scenario. ~~ Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page 5 of 6 3.3 Determine parks needs. HKGi will determine the need and characteristics of neighborhood park and trail facilities to support residential land use alternatives. HKGi will estimate the cost of these improvements. Ehlers and staff will use this information to determine options for funding the park and trail improvements. 3.4 Determine airport noise implications. HKGi will work with staff to determine the airport noise implications for residential development in the Study Area. As part of this task, HKGi/staff will identify other locations in Eagan with similar noise levels. These locations provide additional context for the policy decisions in the Study Area. 3.5 Assess implications for commercial area supply. HKGi will review and assess the implications of the development scenarios in context of the 1994 Commercial Land Use Study. HKGI will use available GIS data to compare existing land use with vacant commercial land. This task does not include new market research. 3.6 Report preliminary findings. The consultants will report the findings from the above tasks as a series of technical memoranda. 3.7 Review findings with staff. The consultants will review the findings with staff. Feedback from staff will be used to make adjustments in the analysis and the memoranda. 3.8 ~ Present findings to Study Advisory Committee. The consultants will use up to two (2) workshops to present findings and receive guidance from the Study Advisory Committee. 3.9 Conduct Council Checkpoint #2. This meeting will be used to present the findings to the City Council. 3.10 Conduct Open House. The open house will be used to present the findings and to obtain feedback from the community. The feedback format and tools will be designed to obtain desired guidance from the open house participants. Task 4 -Report Study Results 4.1 Prepare scenario evaluation. The results of Task 3 will be distilled into an evaluation summary using the criteria identified in Task 1.5. 4.2 Review evaluation with staff. The consultants will present the evaluation summary and obtain feedback from staff. 4.3 Conduct Study Advisory Committee workshop. The evaluation criteria will be presented to the Study Advisory Committee and used to facilitate a discussion of the alternatives. The objective of the workshop is to reach consensus on a findings from the Study Advisory Committee. 4.4 Prepare draft report. The findings of the process will be compiled into a report. 4.5 Review draft report with staff. 4.6 Review draft report with Study Advisory Committee. 3y Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page 6 of 6 4.7 Present final report to City Council. Budget The budget for undertaking this scope of work is $59,735. This amount includes staff time and reimbursable direct expenses (mileage, printing and overnight delivery) for all work tasks. .~S Agenda Memo September 7, 2004 I. EXTENSION FOR RECORDING FINAL PLAT (CENTRAL MAINTENANCE ADDITION). ACTION TO BE CONSIDERED: To approve an extension to record the Final Plat for Central Maintenance Addition, located south of Yankee Doodle Road at Coachman Road. FACTS: • The Central Maintenance Addition plat encompasses all the City property at the Central Maintenance Facility, 3501 Coachman Point, including the newly acquired property from Blue Cross/ Blue Shield. • The City Council initially approved the Final Plat on June 3, 2003. The plat is required to be recorded within 60 days of approval. • The final plat has not yet been recorded due to the property acquisition process with Blue Cross/ Blue Shield. • City staff is requesting an extension to allow the plat to be recorded within 60 days (by November 7, 2004). 36 Agenda Memo September 7, 2004 J. ASSESSMENT AGREEMENT, CENTRAL PARKWAY STORM DRAINAGE PROJECT 790R~ ACTION TO BE CONSIDERED: Approve an assessment agreement with Northwest Airlines for Project 790R (Central Parkway -Storm Drainage) and authorize the Mayor and City Clerk to execute all related documents for recording at the County. FACTS: • Project 790R provided for the construction of streets and utilities within Central Parkway and the trunk storm drainage lift station outlet for Pond CP-4 within Central Park. • At the Final Assessment Hearing for Project 790R held on March 16, 2004, Northwest Airlines (Lot 3. Block 1, Unisys Park) objected to their proposed Trunk Area assessment. • In response to this objection, the City prepared a settlement agreement whereby NWA agrees to be assessed now for their proportionate share of the cost of constructing the Storm Water Lift Station and outlet ($72,465.71), and will pay the City the remainder of their Trunk Area Storm Drainage obligation whenever they increase the impervious surface of their property by more than 10,000 square feet. • The terms of this agreement are similar to an agreement recently entered into by the Unisys Corporation as well. This agreement has been reviewed by the City Attorney's office and Public Works Department and found to be in order for favorable Council action. 3~ Agenda Information Memo September 7, 2004 K. CONTRACT 02-15B, COMMUNITY CENTER SITE WORK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 02-15B (Community Center -Site Work Improvements) in the amount of $53,176.96 to Frattalone, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 02-15B provided for various improvements within the Community Center site, including parking lot, trail, ponding, and landscaping construction, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 3~ Agenda Information Memo September 7, 2004 L. CONTRACT 03-04, GIFT OF MARY SREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 03-04 (Gift of Mary -Street & Utility Improvements) in the amount of $27,110.83 to SM Hentges, Inc., and accept the improvements for perpetual Ciry maintenance subject to warranty provisions. FACTS: • Contract 03-04 provided for the Highway 55 frontage road improvements and public utility extensions from the Louis Lane intersection with Hwy 55 to the entrance to the proposed Gift of Mary development, as authorized by the City Council under City Project 874. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of f nal payment and acceptance for perpetual maintenance subject to warranty provisions. 39 Agenda Information Memo September 7, 2004 M. CONTRACT 04-02, CITYWIDE STREET OVERLAYS ACTION TO BE CONSIDERED: Approve the final payment for Contract 04-02 (Citywide -Street Overlay Improvements) in the amount of $26,487.80 to Northwest Asphalt, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 04-02 provided for the bituminous overlay of the streets in the Diffley Frontage Roads/ Lake Park Shores -Thomas Lake/ Lakeside Estates/ Wilderness Run 2°d & 3`d Additions neighborhoods, as authorized by the City Council under City Projects 893, 895, 896, and 897, respectively. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo September 7, 2004 Eagan City Council Meeting N. CONTRACT 04-04. LEXINGTON AVENUE - TH 55 TO LONE OAK ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road -Street Improvements) and award the contract to 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 AveBlue 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 AveBlue 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 ~~ . 5`/ city of eac~en LEXINGTON AVENUE /BLUE GENTL~IV ROAD ROADWAY AND INTERSECTION IMPROVEMENTS PROJECT N0.859 / 877, CONTRACT N0.04-04 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. ~~ Agenda Memo September 7, 2004 O. PROJECT 874, TH 55 NORTH FRONTAGE ROAD/GIFT OF MARY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 874 (TH 55 North Frontage Road/Gift of Mary -Street and Utility Improvements) and schedule a public hearing to be held on October 5, 2004. FACTS: • Project 874 provided for the new construction of a portion of the north frontage road along Trunk Highway 55 east of Louis Lane, near the border with Inver Grove Heights. The new street and associated utility installations, including sanitary sewer, water main and storm sewer, were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 03-04, 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 to address any concerns. • The final assessments are equal to the estimates contained in the feasibility report presented at the public hearing held on December 17, 2002. ~f3 Agenda Memo September 7, 2004 Eagan City Council Meeting P. PROJECT 894, COACHMAN LAND CO., CENTURY POINTE, DONALD CT. FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 894 (Coachman Land Company, Century Pointe, Donald Court -Street Overlay) and schedule a public hearing to be held on October 5, 2004. FACTS: • Project 894 provided for the bituminous overlay of Coachman Road, Four Oaks Road, Farnum Drive, Century Pointe and Donald Court, all north of Yankee Doodle Road. The street resurfacing and associated minor utility adjustments were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 04-03, 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 to address any concerns. • The final assessments are significantly less than the estimate contained in the feasibility report presented at the public hearing held on January 20, 2004. ~~ Agenda Memo September 7, 2004 Eagan City Council Meeting Q. PROJECT 898, TERMINAL DRIVE FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 898 (Terminal Drive -Street Overlay) and schedule a public hearing to be held on October 5, 2004. FACTS: • Project 898 provided for the bituminous overlay of Terminal Drive, west of Trunk Highway 13, north of Yankee Doodle Road. The street resurfacing and associated minor utility adjustments were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 04-03, 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 significantly less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2003. ~S~ Agenda Memo September 7, 2004 R. CHANGE ORDER #1, CONTRACT 04-07 LEXINGTON RIDGE COURT STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order #1, Contract 04-07 (Lexington Ridge Court -Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-07 provides for the public street improvements within the Lexington/ Diffley Athletic Facilities to serve the Lexington Ridge development (City Project No. 906). • Change Order No. 1 provides for the extension of the overall contract completion date. The change order revises the final completion date. from September 15, 2004 to November 15, 2004. This will allow the completion of a majority of the private improvements within the Lexington Ridge subdivision prior to the street improvement work within Lexington/ Diffley Park. • This change order does not change original contract amount. • This change order has been reviewed by the Engineering and Parks Departments and found to be in order for favorable Council consideration. ~}6 Agenda Memo September 7, 2004 S. IMRE/ ROBERT O'NEIL HOMESTEAD/ ROBINS ADDITIONS DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public easements within the Imre/ Robert O'Neil Homestead/ Robins Additions and schedule a public hearing to be held on October 5, 2004. FACTS: • On August 7, 2004, City staff received a petition from Matthew Miller of Interstate Partners, Inc., requesting the vacation of public easements located within the proposed Grand Oak 5 Addition near the intersection of TH 55 and TH 149 in northeast Eagan. • All necessary replacement right-of--way and easements will be _dedicated with the recording of the Grand Oak 5 development plat. • 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. ATTACHMENTS: • Legal Description, graphic, page ~O . • Location Map, page. • Letter requesting vacation, page ~Q_ ~~ 10 10 I t• = 100 FEET 10~ ~; r- ~ '> 10~ :-, :~ L'. ~ } ~ ltl ~~ U -. a ~:'_ O v i. ; F- ,_, '~' vJ ~. <t ~- '..3 ~r -, ''~ ~ n o ' ~~ DRAINAGE & UTILITY EASEMENT ' Q ~ r PER IMRE ADDITION r- O ~15 Z ~~ ~ i ~ ~ ~a ~ o I I. _ _ .._. ¢^o ~ ~ 4-15 ~ ozz h l~ ~ L.~ ____i_ _ }" ~i~ O °° ~ ~ ~ a N N ~ 5-r--) 5 J= z ~ 1 ~,, il) ~ ~ 4. 10 ~ Z ~ ,} -' ~~ , ~ ~ ~., DRAINAGE & UTILITY EASEMENT ~ ``' I PER IMRE ADDITION 15 i ~^, -- ,-. ~ ~ -..~ -~I -, . ~; ~ ~ Cl, -~ 111 ~ i '~ o 1 '~'~_ 15 t Please let this letter serve as Interstate Partners' formal request to vacate the easements ~' ~ located within the following legal decription: + ,~ 1 Lot 1, Block 1, Imre Addition; Lot 2, Block 1, Imre Addition; That part of Lot 3 + I , ! The Robert O'Neill Homestead, Dakota Co. Minn. Described as follows: ~ ~, Commencing at the intersection of the North line of said Lot 3 and the Westerly +~' right of way line of State Highway No. 49, thence Southerly along said right of 1' 150 O f h t f b th S th 1 1 'd ht f } 'b !i OoC/`/r ~j~ ,~ ~E` ~~ ~ 1 J 8284 eF~~ys~~t~ ~`~C ~j~ 3~'T way me eet tot a porn o eguuung, ence ou er y a ong sai ng o { way line 160.0 feet, thence Westerly parallel to the North line of said Lot 3 a distance of 245.0 feet, thence North parallel to the West line of said Lot 3 a distance of 158.98 feet, thence Easterly 263.48 feet to the point of beginning; ~`"' Outlot E, Robins Addition; Part of Lot 5 lying N of N R1W of Trunk Highway l No. 55, Robert O'Neill Homestead 8 > A ~j ~ ?~ ~ 2s9 ~~A~~ jY~~' Otl~~ \ . ss ~ ~ I honey wley hat ttda plan or.p.drfion,w ,-. ~ 1n prapaied ~ ~ ar ardor my died auparv'sion and Mvt I am • duly Ocanaad lard aun~par undar4a mwa dMa ... Sbrta o(Mlnnaaooa. Da1~d Mia 301h tley a? N+quat 2004. - ~ til ^ ~o ~ , '~ d- -'-.W ~z°i ~. _J V ~o ~o 15~ l!7 ++ rr~^ V1 S. Imre/Robert O'Neil Homestead/Robins Additions 913/04 Drainage & Utility Easements Vacation -Location Map City of Eagan 9 Interstate Partners LLC GSf-40G-8050 Fax.• 65106-8628 August 27, 2004 Mr. John Gorder City of Eagaiz 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Letter justifying vacation of Easements Dear John: Please let this letter serve as Interstate Partners' formal request to vacate the easements located within the following legal decription: Lot 1, Block 1, Imre Addition; Lot 2, Block 1, Imre Addition; That part of Lot 3 The Robert O'Neill Homestead, Dakota Co. Minn. Described as follows: Commencing at the intersection of the North line of said Lot 3 and the Westerly right of way line of State Highway No. 49, thence Southerly along said right of way line 150.0 feet to the point of beginning, thence Southerly along said right of way line 160.0 feet, thence Westerly parallel to the North line of said Lot 3 a distance of 245.0 feet, thence North parallel to the West line of said Lot 3 a distance of 158.98 feet, thence Easterly 263.48 feet to the point of beginning; Outlot E, Robins Addition; Part of Lot Slying N of N R/W of Trunk Highway No. 55, Robert O'Neill Homestead The recording dates for the three parcels referenced in the legal description above are as follows: Imre Addition: recorded August 8, 1980, in Book 2 of Plats, page 9 Robins Addition: recorded August 28, 1986, as Document No. 740173 The Robert O'Neill Homestead: recorded February 5, 1904, as Document No. 43679 After vacating the easements they will then be re-recorded in their new locations at the time the final Grand Oak Five plat is recorded. I appreciate your time and attention to this matter. If you should have any questions or concerns please do not hesitate to contact me at 651-406-8050. Sincerely, SGO Blue Gentian Road Suite 175 Eagan MN 55121 V D Agenda Memo September 7, 2004 CONSENT AGENDA: T. AUTHORIZE PLACEMENT OF SNOOPY AT COMMUNITY CENTER ACTION TO BE CONSIDERED: AUTHORIZE PLACEMENT OF SNOOPY STATUE INSIDE EAGAN COMMUNITY CENTER FACTS: • The popular Peanuts on Parade project began in St. Paul five years ago to raise money for a permanent collection of bronze statues honoring native son and Peanuts creator Charles M. Schulz. • The hard-shell weather-impervious Peanuts characters, especially Snoopy, have proven to be a tourism draw. • In this final year of the project, called the Doghouse Days of Summer, the Eagan Convention and Visitors Bureau arranged to paint and purchase one of the Snoopy Doghouses and will move it to Eagan sometime on or after September 20, 2004. • The ECVB requests placement of the Snoopy Doghouse of the Eagan Community Center and will be responsible for the statue's maintenance and promotion as a tourist attraction. • Both inside and outside locations have been scouted by ECC and ECVB staff. • Because of concern about vandalism, a recommendation has been made for an inside upper level location, near the Blast windows and the exit door, adjacent to the ECC offices. No lower floor location was suitable because of fire code and not blocking fire alarm pull stations. NOTE: This action item is based on discussion at an Operating Committee meeting, but no formal action was taken. If the City Council would like to further discuss the matter or prefers an outside location the matter should be pulled from the consent agenda. It should further be noted that the ECVB has provided the ECC with dimensions for the 500 pound statue. The measurements, if accurate, should accommodate moving Snoopy onto the upper level via the elevator. It has been determined that the upper level doors and the revolving doors will not allow the statue to be brought in via the upper level. The outside location, just to the left of the front of the building, would be aback-up placement in case Snoopy Doghouse is not able to fit in the elevator. si ATTACHMENTS: • Enclosed on page is the ECVB letter requesting placement of the Snoopy Doghouse in the ECC. • Enclosed on page ~ is a copy of staff comments on locations. s~ 1501 Central Parkway Eagan,.MN 55121 =.Phone: 651-675-5546 Fax: 651-675-5545 1-866-EAGAN-20 1-800-EAGAN-20 www.eagamm~.com August 31, 2004 Mayor of Eagan and City Councilors City of Eagan 3830 Pilot Knob Rd Eagan, MN 55121 Honorable Mayor and Eagan City Councilors; The Eagan Convention & Visitors Bureau has sponsored a Tribute to Charles Schultz Snoopy Doghouse statue that has been on display downtown Saint Paul this summer. The week of September 20th, the statue will be delivered to the Eagan Community Center byKraus- Anderson for display. We are currently awaiting the exact date. Sandy Breuer and I have done awalk-around and concur with the operations committee with an inside and outside location. Even though the statue is weatherproof, there maybe less vandalism if the statue was placed near the top floor windows of the BLAST. We will work with the Eagan Community Center personnel to properly place the statue and maintain its integrity. The Eagan Convention & Visitors Bureau is responsible for the statue and will work with the City to maintain its visibility and promote its location for tourists and visitors. We look forward to showcasing Eagan's newest statue which creates a synergy with Saint Paul native Chazles Schultz and is a proven visitor icon. Sincerely, ~_' C~r~C (~'l i ~~~ Arm Carton, APR ~I Eagan Convention & Visitors Bureau SEE MERICA ~IACVB MSAE ~NTA. ~ SGMP s..~.. ..An .,...>- .. ,.. .. S~ { . ~~r~~ ~~~ TO: FROM: DATE: SUBJECT: MEMO City of Eagan COMMUNICATIONS DIRECTOR GARRISON SANDY BREUER, COMMUNITY CENTER MANAGER SEPTEMBER 1, 2004 LOCATION OF SNOOPY DOGHOUSE Ann Carlon and I have met and looked at prospective Community Center locations for the Snoopy Doghouse. Building Engineer Mike Sipper has also reviewed the locations and logistics involved. Inside recommended location: The ECVB has provided the ECC with dimensions of the snoopy statue. The measurements, if accurate, should accommodate moving snoopy onto the upper level via the elevator. It would than be placed between the exit door and Blast windows angled in the corner. We do however want to have the outside location be aback-up placement in case we are not able to get it into the elevator. The upper level doors and the revolving doors will not allow us to bring the statue in via the upper level. We did not find an appropriate spot to place Snoopy on the lower level of the ECC. Because it would be viewed as a "permanent" structure, it's placement on the lower level is more difficult due to the location of various fire alarm pull stations that need access according to fire code. The only lower level inside location option we might have is to place it in the pre-function space. We did not feel this was conducive to the bridal groups use and the conferences that need that space for their event gathering area. With all the doors and display cases in this area, there really was no viable place to locate Snoopy. The outdoor recommended placement is as follows: If facing the front doors on the upper level of the ECC, the ECVB office is to the left. We recommend that the statue be placed to the left of the ECVB office on the concrete, near the grass. This would put the Eagan water tower and trees in the background of any photographs that were taken with Snoopy (great marketing here!). With the exception of the band shell letters we have had no vandalism (yet) occurring to outdoor structures. S~ Agenda Information Memo September 7, 2004, Eagan City Council Meeting U. FINAL PLAT - HERRIGES-EAGAN ADDITION ACTIONS TO BE CONSIDERED: To approve a Final Plat (Herriges-Eagan Addition) to create one lot for three separate properties, property ID numbers are: 101680001203, 101680001103, and 101680001303 located in the NW '/4 of Section 17. REQUIRED VOTE FOR APPROVAL • Majority of City Council Members present FACTS: • The proposed lot will consist of about 5.3 acres. • The proposed plat combines three tax parcels. • An existing building is located across three parcels. • A building expansion has prompted the plat. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat pag SS GU 5 _s° raj ~e o c_ °3~ S .: .E o .. a- - d i ° ~rs 5 i a ~ € .~i ~ d L s b a i c c° € 5 .. _ .rrl ~rY y.. $ r;~ s S c ~~ ~8 ~ a .E` Yo a ~ S ~. `~ °° 5 irY €N r 3 - 3 r=5 6 °~ ~ ~ v ~- ~ ~ ~ ~^ .. ~o a ~: ~~ 8 ~~85 ° sfi _ 'morY ~ ~~ < '6'c a ~~ Y a g 5 SS W u Yes°' ~~ v, ~ ~ ~~ ~~ :,3 G~ o,S °° '~ - E ' W aE gi~c i2 ~ •e ~e Le ~o o € a~ ~ ~ ~~ a 5 ~ z~ ~- r ~ s' ~~ V~ ~R ~ ~~ ~~ a S °~ ~ G °a pbS~' ~ 3 ~'S "€ ~ i .off` e iS ~S' is a 5 5 I~ °§°Y E o °'i 3~ ¢ .`5 t .may #. _ ~ ACS ~ 5 t = `5~v a 3~ "p E ~ _~~ = Es j ~~ ..e ~ e sc 66' a~ ~ I 'm a5 San i °+,g ~' i WE ° E~-` Ys S,g ~l ~g #~G•r~ 3._Sfi S i~ bo Nb a ~Q. ~~ t ~~ € °s°c° ! ~j ~r°+~ i m ~ =a sC s 3 ~s ~ ~° a ~° roe: W ~~ ~ ~° r; m s de o ~a~ a' ~r c ~'~ g a $;$r ~$~' ~$ i ~ ~ ,~ b s ~b a b> a s5~° ~ a: € s~ 3i ~ ~~ $~ ° ~ a ~° mix 6; `~ $ a i^ ZoZr m°5° 3E c I ~~ 5°I u~iu . riiu ~a 3 n' _b o _ ~_ - ,y/~ ~ / b ~ r alb ~ ~,~•' j~\~ Y a ;'~ at `r X15 ~ ~: w°~ \ ~`~r )1 Q vi ~ F'_ r"" 539 .. +~^ ~ti_i l~ \ ~ `=1 J (•r ~ ° _ v ytj N O l ~ ~~ 1' ~ 9 \ \ ~ b% ~ ~ ~~~ ~ ;~~ ~e ~ ~~ ~ ~E ..Aw~MYIAriY tray lo/tNMEr]sssvr-. r~ n m= ~~ ~~_ / W~ 3~ ~ yb p~ rII __~i __ay'u 'i •u ~a 1o_~~____~_ ` n I I 1 Z J ~ \ ~ k! ~ - - - - _ t/1 NS AIL p 3Nl 153M- ~ o~ ~~ ~ ±-~------ -- -------- ----- - _ W ~~ I~ 56'B6S H1NON ~ C` ~ \ ^ ~ ,}a+I~l'i`!A.'r]AI/LA GVY 39YHYW~I~ `~, C \ Is 3 ys /VL//1/VVV VVI./~YI1v_J /?~/ ~> \~ I w~v L- ~i° C I I p~ Z O b~ \ I ~ ~~ ••. V '~-! O O (V J ,w~ Wa rr'~ Y~~ Agenda Memo September 7, 2004 PUBLIC HEARINGS A. LOT 5, BLOCK 1, ROYAL OAKS (927 WILD ROSE COURT) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public drainage and utility easement on Lot 5, Block 1, Royal Oaks (927 Wild Rose Court) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On July 15, 2004, City staff received a petition from Brad and Theresa Wirt, 927 Wild Rose Court, requesting the vacation of a portion of the existing drainage and utility easement on Lot 5, Block 1, Royal Oaks, south of Yankee Doodle Road, east of Wescott Woodlands. • The drainage and utility easement was originally dedicated as part of the Royal Oaks plat for ponding purposes in the rear of the yard. • The purpose of the request is to vacate a portion of the easement (approximately 10 feet x 90 feet) to allow the construction of a swimming pool on the property. • Notices have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment and informing them of this public hearing. No objections have been received to date. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Legal Description and raphic, page • Location Map, page . S~ S 89'46'37' E -- 7 7.74-- ~~ Ae9.o ~ / eeo.s ~ 1 ! 1 I pk / ~ ~ 1 'L~' 16 ~ ~ d h- ~1 ~ * i7 ~ i~ i 1 " ` / 1 ~ 1,\`IIl 66 1 ~ ~ ~ irJ / ~ _ / v °~3 e~~ ~ edge .eter F ~°°'~.°s~ POND rP 2.4 ~O,~a'~' ~NWL~=__890.0 i~ i v.ovwee sect,- _-"__ ' , I ---~ _~Pmpo:ed vacation o/ Droinog0 ~"~ . r P - r ~ and Utility Ecaemen! / 3 709 "00' £ 'h s+v te' rr„p PS ~~091~ ~w 79.6 ~ penotn Iron Monument Found t Jn7pOr'ed~~ • ~ fQ 1\ I w O Denotes Iron Monument Set 12.65 t Existing Build'mg I' 1 ~ ~ p, i~ No. 9Jt 1 p~ ~--`~ I ~ `~ r g ~ 0 /~ j ~ lenGmq Exstng ~ Screen I I C~ er I 1 rn 3 ~ l G. Y Oetlt Ports O,oF _ 1 Y ~''a ~ ° on e 4~f r~.O/ soh ° ' woee ~ .W~p . . © ~ ~ , o~ b 1 z 1 ~ /2 j ~ EXISTING HOUSE ~" X927 # . ~ ~/ ~ Gorage / ,~ ' ae'w~feenr-°f1u12 / + Js.J~.t' / e. o ° > EYisGnq 8uildinq ,°, o Porcfi o ~ No. 921 ~~ /= 91.0 ~j h~' ° JJ.S -12.6- . ~ 23.6) b° 09J.4 8911 093.2 0927 e A93.7 0911 Q 093.2 '~ ~' / A93 c ~ 0 -~ I e8a3_/ /893.7 ~' v ~ Crislinq ~ 092.9 ' P.93.f - ,~wc 1 0-ivewoY I IrC,ufoneror_ `~ n ~ ~ ~ ~ I ey'f7 eobk p O ~ .~1 e -- , fw o -_1 ' _ 1 ~ 10 ~ C --- ~~ ~ Lot Arca 77,606 sq.ft. ti; 4~' _.~ G '-- _~, ©uilding Areo= 2,283 sG.ft. e s„~.;~, i,,,.,n _ e6as ~ Coveroge = 13% ° 1 ~ ~ v rtep O __ o ~ ~ l L=9s _ _ _ ~~ 70 °e Dort -. d~j'09 j4• ~ ' ~~5torm 5e.x lice WI 4'?s j _~_ ~ ~ ROS£ COURT _- ~-„~- °°9,--` ~~ 1 ~~~ i -~_ DESCRIPTION: Lot 5, Block i, ROYAL OAKS DESCRIPTION FOR EASEMENT VACATION: That part of Lot 5, Block 1, ROYAL OAKS described os beginning at the northeost corner of said Lot 5; thence South 0 degrees 07 minutes 07 seconds East, on an assumed beoring along the east line of said Lot 5, a distance of 94.07 feet; thence North 78 degrees 09 minutes West o distance of 10.22 feet to the actual point of beginning of the land to be described; thence continuing North 78 degrees 09 minutes West a distance of 81.78 feet; thence North D degrees 07 minutes 07 seconds West a distance of 920 feet; thence South 78 degrees 09 minutes East a distonce of 81.78 feet; thence South 0 degrees 07 minutes 07 seconds East a distance of 9.20 feet to the actual point of beginning. Proposed Drainage & Utility Easement Vacation 927 ~Id Rose Ct. 8-s-oa City of Eagan Lot 5, Blk. 1, Royal Oaks ~U Proposed Drainage & Utilitiy Easement Vacation 927 Wild Rose Ct. 8/9/04 City of Eagan Locatio~Map Agenda Information Memo September 7, 2004, Eagan City Council Meeting B. VARIANCE TO EXCEED THE 20 PERCENT LOT COVERAGE FOR 1361 GRACE DRIVE (MICHELLE & DANIEL LODAHL) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a 4.5% Variance to exceed the 20 percent lot coverage for Lot 8, Block 1, Marcella Woods Addition, located at 1361 Grace Drive in the SW '/4 of Section 34; subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • The subdivision was approved in Spring 2003, and created 15 lots, at that time, the developer indicated all R-1 standards could be met. • In April, 2004, the developer applied for a similar variance for over half of the 15 lots including the subject site. The variance request was denied for lack of demonstrated hardship. • The subject lot is 14,281 square feet and the proposed house footprint is 3,499 square feet which is 24.5 percent. • The situation and demonstrated hardship presented by the applicant shall be determined by City policy makers. 60 DAY AGENCY ACTION DEADLINE • A waiver has not been signed • Deadline October 11, 2004 ATTACHMENTS (1): Planning staff report, pages to ~" 60 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 20, 2004 APPLICANT: Daniel & Michelle Lodahl PROPERTY OWNER: Wright Homes REQUEST: Variance LOCATION: 1361 Grace Drive CASE: 34-VA-13-08-04 HEARING DATE: September 7, 2004 APPLICATION DATE: August 17, 2004 PREPARED BY: Sheila Cartney COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-l, Single Family Residential SUMMARY OF REQUEST The applicant is requesting a Variance of 4.5% to the 20% maximum building coverage in an R- 1 district, for property located at 1361 Grace Drive, Lot 8, Block 1, Marcella Woods Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve v~ith 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. 6/ Planning Report - Lodahl Variance September 6, 2004 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 Section 11.60, Subdivision SE allows a maximum building coverage of 20 percent per lot. BACKGROUND/HISTORY The subject property was rezoned from Agriculture to R-1, Single Family residential, re-guided from Park to LD, Low density residential and subdivided in Spring 2003. The subdivision (Marcella Woods) created 15 single family lots. At the time of subdivision the developer indicated that all R-1 minimum standards could be met. In April, 2004, the developer applied for a similar variance for over half of the 15 lots including the subject site. The variance request was denied for lack of demonstrated hardship. EXISTING CONDITIONS The subject site is currently vacant; other lots in the subdivision are under construction. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant they are long time residents of Eagan and would like to build a third house within the City of Eagan. The applicant would like to build a rambler style house because of the absence of stairs, provide a guest room on the main floor with a bathroom, both to accommodate a disabled family member and aging family members, and the applicant states " rambler style homes will become more popular as the population ages." The applicant believes there is an "abundance of green space surrounding the development," George Ohmann Park, Parkview Golf Coarse, Lebanon Hills Regional Park surround the development. The proposed house will meet all other R-1 requirements. EVALUATION OF REQUEST The subject lot is 14,281 square feet, 20% of the lot is 2,856 square feet, the proposed house is 3,499 square feet, which is 24.5 percent and 643 square feet larger than what is allowed based on this requirement. The R-1 minimum lot size is 12,000 square feet which would allow for 2,400 square feet of building area at the maximum 20 percent building coverage. The subject lot is vacant, it appears the proposed house maybe too big for the lot, based on the 20 percent building coverage standard. The property does not appear to exhibit a unique or special feature that would require or warrant relief from City Ordinance. 6~- Planning Report - Lodahl Variance September 6, 2004 Page 3 SUMMARY/CONCLUSION The applicant is requesting a variance to the maximum building coverage for a new house on Lot 8, Block 1, Marcella Woods Addition. Lot 8 is 14, 281 square feet, the proposed house has a 3,499 square foot building footprint resulting in 24.5 percent building coverage, 20 percent is the maximum allowed in the R-1 district. The applicant is proposing a rambler style home to accommodate a disabled family member, aging family members and for their own use. The situation and hardship presented by the applicant shall be determined by City policy makers. ACTION TO BE CONSIDERED To approve a Variance to the maximum 20 percent building coverage in an R-1 district to allow a new house on Lot 8, Block 1, Marcella Woods 24.5 percent building coverage, subject to the following conditions: 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 building coverage maximum for Lot 8 is 24.5 percent. ~3 Eagan Boundary a Location Map ~1~ ~ Sheet Centerline ~ Parcel Area ~~,,-'~` Building Footprint w F Q~4 ~~ Wcpn vb~ ~ y~, % f ,~ ,w ~_ 0 , ~, w ~ En. ~ `~ ~ Lh t~ + ~ - ~ ` ~ ' f i ~ rsz :; F ~ ~ ~ ~ ~ e v m. .. , ~,: ,.~ r.. to ., ....... ~.. it ,~ .._ i3 s ~ ~r ~ ~~ ~-~~ ~ .~ a ~, ~, ~ a. . ~ ~ ~ ~ ~.,; }' '.~ u ~ 6 0 d 3 ~' ~ ~; Subject Site "F °''i es" P ~ ~ "..a is ~ ~ (~ JL e' .. G ~' ~ ($ • ~ ~ ~ ~:~; K~ ~ > ~ {~ ~ Cb ~ i ~ ~ •° S~ ~ ~ ~ E9 ~'~~} t ,~ Fs rj 9 e ~ _ 7> ,. -eaa c ~ ~. ct .w. ~ ' ~ Cd t ~ q '~ d~ ~; ~~ ~ a ~ ~.~ . ~ ~ c;~ ~ r~:. ~~k ~' ra s ~ ~ gz a ~~ -- - -- _t _ _. _ ~~:/ - I ~ ~ ~~ ~ ~~~ - ~ ~ r J - /---~- (,,-- ~ 1000 0 1000 2000 Feet Development/Developer: 1361 Grace Drive ~' Application: Variance Case No.: 34-VA-13-08-04 ~ [~ ~~'~ --~ :~`?r~-.r ~ aF eac Cln cit Map Prepared using ERSI NcView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY N W ~ E y ~ The City of Eagan and Dakota County do not guarantee the accuracy of this information and a re S community Gsvdopment oepartrteznt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map 1361 Grace Drive Case No. 34-VA-13-08-04 Zoning Map Current Zoning: R-1 Single Family Residential eoo o eoe tzeo F.ee Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density Residential 600 - y ~ R-1 p Lo cation A ~ R P A - PF P -1 P P ~ ~L~ I L V LD P Location p LD LD QP P p P P 1200 F..t -atcel bese msp in o' f rmation providedty Drkote County Land Sway Depsrtme,l Juns 2003. N ~' , d ~ -. Zoring inTOrmation maintained EyCity Stett y City of Eagan W E ..~Asl~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ~~ ~ ~. i i `~~ ~~~ ~ `~~ ~ `~~ ~ ~~ ~ ~~ ~ ~~ ~ ~~ ~ ~~ ~ ~~ ~ ~` I I I 1 I I I 66 ., _, O LL d N J '~ H H tt cYl ~~~ ~, ~. _.~ ,--.~ ~~ -, r..-~ r`J '-=3 _y~ \~~ ~\ `~~ ~\\ City of Eagan -Variance Submittal Written Narrative We are requesting a variance to the house impervious coverage (Individual per lot coverage of 20%) for Lot #8, Block 1, Marcella Woods Family Background: • Applicants: Daniel C. & Michelle S. Lodahl o Children: Anna (21), Tyler (12) & Mikaela (9) • We have lived in Eagan for almost twenty (20) years 0 1992-present 4064 Camberwell Dr. N. 0 1988-1992 4111 States Avenue 0 1985-1988 3575 Lexington Ave. So. • We are now looking to build our third home in Eagan • Our Families have been life-long residents of Eagan • Dan's Grandpazents were Lemay's (Anthony & Helen) Situation: Dan's father, Jerome T. Lodahl, whom currently lives in Wisconsin, was recently declared a "permanently physically disabled person" (see attached). He is a frequent visitor to the Twin cities and he stays with us when he is in town. He has great difficulty negotiating steps. Our current home located at 4064 Camberwell Dr. N. in Eagan, is a two-story home with all four bedrooms located on the upper level. We are seeking to build aWalk-out Rambler Style House Design for the following reasons: • Absence of stairs. Excellent for older people who have difficulty negotiating steps • Guest Bedroom and Bathroom on main floor in order to accommodate the disabled • Rambler style homes will become more popular as the population ages Marcella Woods Development: • We have been searching for a lot in Eagan to build our dream home for some time and are excited about the possibility of building on lot #8 in this development Lot #8, Block I, Marcella Woods... Has a 10' side setback on each side Has a City of Eagan required easement calling fora 20' wide path between lots #7 & #8 as a "special condition" for a trailway and to accommodate drain pipes leading to the storm sewer o This has caused us to redesign our house plan, moving the house deeper into the back of the lot o The cul-de-sac in the front cuts into the lot, reducing its total build-able sq. ft. ~~~~~' ~'~:.~ r~JG 1 "~ 20Q4 67 Has an abundance of "green space" surrounding the Development o George Ohmann Pazk is at the back (North) of lot #8 o Pazkview Golf Club is located directly to the Northeast o Lebanon Hills Regional Park is located directly to the East and the South o Lot #8 is next to 3 ofthe 5 lazgest lots in the Subdivision (Lots #9, 10 & 11) Meets all other City of Eagan setback, easement and variance requirements Specifics: Marcella Woods Development is zoned R-1 Lot #8 has a lot azea of 14,281 squaze feet o The current allowable house impervious coverage is 2,856 square feet (20%) o We are requesting to build a Rambler style house of 3,499 square feet (24.51%). See attached house plan layout on lot ^ 2,214 squaze feet -Main house ^ 968 square feet -Garage ^ 168 square feet -Back screened-in porch ^ 149 square feet -Front porch & entry Even with this exception to the 20% house impervious coverage, the total completed development will most likely be in conformance Thank you for considering our request! Sincerely, Daniel C. Lodahl Michelle S. Lodahl 4064 Camberwell Dr. N. Eagan, MN 55123-3918 Ph: 651-452-0206 Fax: 6S 1-452-1525 dlodahl@comcast.net mlodahl@comcast.net 6 ~" Agenda Memo September 7, 2004 Eagan City Council Meeting NEW BUSINESS: A. Certification of the preliminary 2005 budget and property tax levy, set Truth-in-Taxation hearing dates, and change the date of the second regular City Council meeting in December. ACTIONS TO BE CONSIDERED: To approve the preliminary payable 2005 property tax levy as follows: General Revenue Levy: General Fund $17,168,300 Major Street Construction Fund 1,131,802 Equipment Revolving Fund 821,261 General Facilities Renew/Replace Fund 121,551 Market Value Homestead Credit 1,300,000 Subtotal -General Revenue levy 20,542,914 Community Center bonds debt service 1,204,823 Cedarvale Special Services District 2,000 Total levy $ 21,749,737 To approve the preliminary General Fund expenditure budget, including contingency, of $22,950,400. To set the initial Truth-in-Taxation hearing date for Monday, December 6, with a continuation hearing date (if necessary) of Monday, December 13. To change the date of the second regular City Council meeting in December from December 21 to December 13. FACTS: • The City Council is required by law to certify the proposed payable 2005 property tax levy on or before September 15, 2004. The levy can be subsequently decreased, but not increased. • The City Council reviewed the proposed budget and levy at a special meeting on August 24. The figures above are the same figures presented at the special meeting. • The General Revenue levy will be reduced by the 2004 Market Value Homestead Credit estimate of $1,300,000 at the County and $20,449,737 will be levied against the local property. • The County will use the certification information to mail Truth-in-Taxation notices in late- November. • Both the budget and levy will be reviewed again prior to final adoption in December. • Truth-in-Taxation hearing dates were reviewed at the August 24 special meeting. b9 Agenda Memo September 7, 2004 Eagan City Council Meeting ATTACHMENTS: • The preliminary 2005 General Fund expenditures budget summary is enclosed on page ~. • City Councilmember Carlson asked staff to compute a hypothetical levy limit for Eagan for taxes payable in 2005 as if State levy limits were in effect. Enclosed on page ~ is a copy of that calculation using two different methods. The calculation methods and a comparison to the City's proposed preliminary levy are explained on that page. • Enclosed on page ~,~ is a copy of a newspaper article from the September 1, 2004 issue of the Star Tribune regarding budget and tax information for selected south of the river communities. Eagan's percentage increase is the lowest of the communities reported. • Enclosed on page ~ is a copy of an informal survey distributed at the Friday, August 27 Dakota County City Managers and Administrators meeting reporting preliminary levy increases. Some of the numbers may have been reported from memory and are not intended to be exact calculations. ~D 2005 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES Aug 24 version Adman Recomm 2002 2003 2004 2005 Actual Actual Budget Budget ~° Chg GENL GOVERNMENT 01 Mayor & Council $ 103,702 $ 117,257 $ 114,900 $ 118,600 3.2% 02 Administration 709,655 627,147 639,700 659,200 3.0% 03 Information Technologies 831,323 954,583 939,800 967,600 3.0% 04 City Clerk w/ Finance 203,025 276,800 231,200 -16.5% 05 Finance 1,029,702 774,573 799,500 865,000 8.2% 06 Legal 374,778 353,032 429,700 434,000 1.0% 07 Comm Dev/Planning 661,342 600,284 655,100 767,400 17.1% 08 Comm Dev/Inspections 688,268 835,129 906,700 947,100 4.5% 09 Communications 293,417 388,988 416,200 437,700 5.2% Gen Govt Total 4,892,187 4,854,018 5,178,400 5,427,800 4.8% PUBLIC SAFETY 11 Police 7,801,239 8,337,148 8,210,100 8,719,700 6.2% 12 Fire 1,044,500 996,845 1,190,300 1,260,700 5.9% Public Safety Total 8,845,739 9,333,993 9,400,400 9,980,400 s.2% PUBLIC WORKS 21 Public Works Engineering 1,187,294 1,174,957 1,282,200 1,314,900 2.s~ 22 Streets & Highways 1,324,452 1,282,469 1,410,400 1,452,800 3.0% 24 Central Svices. Maint. 481,324 442,683 492,000 458,500 -6.8% Public Works Total 2,993,070 2,900,109 3,184,600 3,228,200 1.3% PARKS & RECREATION 31 Parks & Recreation 2,790,855 3,023,997 3,112,900 3,345,100 7.5% 32 Tree Conservation 279,199 318,014 313,900 377,200 20.2% Parks & Rec Total 3,070,054 3,342,011 3,426,800 3,722,300 s.sv° GENL GOVT BLDG MAINT 33 Building Maintenance 597,796 569,598 550,200 553,700 o.s~o Total Expenditures- General Fund $ 20,198,846 S 20,999,729 21,740,400 22,910,400 5.4% 41 Contingency--undesignated Total Expenditures + Contingency 38,300 40,000 a.a% $ 21.778.700 ~ 22.950.400 5.4% 7/ Calculation of Hypothetical 2005 Levy Limits Operating Levy Method A Payable 2003 State-imposed levy limit Estimated implicit price deflator (3/02-3/03) Estimated household growth factor (2001 to 2002) Estimated C/I MV increase (x .5) factor Hypothetical payable 2004 levy limit Estimated implicit price deflator (3/03-3/04) Estimated household growth factor (2002 to 2003) Estimated C/I MV increase (x .5) factor cal payable 2005 levy limit--Method A $ 18,940,467 x 1.0177 x 1.0074 x 1.0163 19,735,067 x 1.0275 x 1.0074 x 1.0131 96, 054 Method B Payable 2004 State-imposed levy limit Estimated implicit price deflator (3/03-3/04) Estimated household growth factor (2002 to 2003) Estimated C/I MV increase (x .5) factor cal payable 2005 levy limit--Method B $ 19,337,168 x 1.0275 x 1.0074 x 1.0131 $ 20,278,780 These two methods of calculating a hypothetical levy limit are simply examples of how the State might have actually made its calculation. Historically, the calculation has been very specific to circumstances and tweaked by the legislature to meet specific objectives or to meet a specific State target. These methods are more proxy calculations to provide a range of possible outcomes without knowing legislative intent. Method A starts with the last more typically calculated limit (2003)and rolls it forward for two years (2004 and 2005) using the available factors. Method B simply carries the calculation forward to 2005 from the 2004 limit which was calculated on a completely different basis resulting from the State budget reductions and known cuts to LGA and MVHC. The 2004 limit was therefore more restrictive than historical levy limits have been. In the above calculations the difference is $19,337,168 compared to $19,735,067 or nearly $400,000. The City was also penalized for the under levy in payable 2003. The City's proposed preliminary payable 2005 levy is $20,542,914 which is approximately 60% of the way between the two hypothetical levy limit calculations, toward the higher number. ~a N~t;; '~ ~ ~c~m oo°'o~E C N N C) E ~ ~ a~ an u~ 0 O. ~ ~ ca o O U Y N c y c~ p °m~~°~ V~•,•-•a o.,~ v~ .............. U !~ - d Vl y ~ h; -(~-~ 00 m ~ O ~- , fL ~ ~' C ^' o N ~ /. rQ ~ i, ~ ~ ~ :CUU b ~'.~ ` : ~Gb~O.. ~' ~.; O y':N w dl_ ~~~~~p -, n`~ H U ". . tJ. ~ ~ a.3 m` ~ .yam b < -x ° ~~~~ `,_-°gw•°aci°c° ~r-c*i°v°'oo E°'Ev .~ YNp4-°'m IA ri •CNy~ Lm O oQnvabui ov~+ni-o~~ r-_an• 0 °' ? E ~ E ~ N ~•~ mod' o ~u~i co $ " ~.o.aoo~a° occ~ac~a~i°..3 yVmmv ~^ N O ~U VE~m x~f0Lt O0N7N ~NN~O = m C V t y a~ ~ ~ !~ .~ d X ` t o0 V V O aw-.~ y op ~.,~ ,?r ~ m pCN. E . o~ ~ •d ai N G ~..~ lL C e ~.ffT d~ 0: ~~ ~ ~--.n O. 'E~~. O.b~'n0 vtp ~'. a~ ~ c a~ . a `d . ~- •~ .•i ~ ~O tG ~ c o a ._ ~~.N O V.. O C. ~ ..7 C C ~ ~~ N :':...y ~.1s0.. y o v 'p"•c. 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' N m ,.p Nyman ami~am ~~c~~ m ~`~m at~~m a~ ~o~~ (~ C bA ~ , ?. i7 T E V ~'~ •m Q, m .C p: ~ ~ ¢ ~ ~ C L . d..? U O N ' >" U G a c d - E o - ~ :_.._ ~«= E.~ ~ n ~ ~, c +•% ° .moo . ~ _D v ~ m m as o ._ ~ o°D~~, ~'?m-~'o~.vifO~Eoo°_'~N~E3p.y d;o.~--.., EyEa°i ~ c>d yc~~ymmc°..'v>~01m"'~w+NM;°' L~~o v~ •m a~ mm `-~'od o0 of r-_aa ~ E NO.r ~ m- X~ m o o d a~•oY m•- ~ xa o m o O~ dA N a> ¢ n'w v ~ ~ cv v 7 O ~ d ' ~ ~ocio~C CQao~-NY~~"c;"`0 dim ~..~or~mE coa ~ V:0.7 o FyF-'- C I_am p V 0 aQw 7 ~$~~ UC-D x~i'N ~' 7~ W Oo•O c Cam= S~ ND. m y 3 cw N O. .. 7 >.- V a)fnv~i6p0 ZUN cpi ~~ •Q -: ~ ~a~+QCE G7.mmct'o~,N~mCCaa~irv,r,-aT~i~`ov~ oo+no~NO y,d•°'m.s ~}, w¢N7o ~~pNO...,c oN•v~~.n~3-co ~ mr-m~ F.-ra~`~ U "',' ." A. n~:.v= xoamz~~.acca~^f~~OO ~~•`p~•~c GNti._y0 aV..dN ~J vv~~ S d~CNN CJ •ar7EN~~yC~G~~"'O(~0~w•C . O•~_+'N~OIa:N xC~XC ~C~_ Q" ac.~dtA z~,a~g.aov::~sr,_:.,~.xa; a~~aro ,.xt>v°.EEds 3mN~o L ~ ~ ~ ~~ L V V = O L ~+ J N ~O L .~ ._~ L a O O N L Q J A O L ._ d cNa L +~+ L a 0 'L^ V 0 0 0 0 0 0 o a o 0 u~ o o ao ~ ~- r- o co cc 00 ~D N 00 1` 1` ~O CO tC) '~ N ~ ~ N + + S . ~ _ _ ~ ~ ~ ~+ ~ N . ~ ~ ~ ~ ~„ • ~ ~ ~ O N ~ L ~ Q ~ o ° > ~ n ~ ~ ~ ~ m w a n ~~ Agenda Information Memo September 7, 2004. Eagan City Council Meeting B. CONDITIONAL USE PERMIT - ROSEVILLE PROPERTIES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit fora 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard). To approve (OR direct findings of fact for denial) a Conditional Use Permit for outdoor storage of various construction materials on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard). REQUIRED VOTE FOR APPROVAL • Majority of Council Members Present FACTS: • In May of 2004, Gemstone Products Company applied for a Conditional Use Permit to allow storage of an above ground tank on the subject property. An inspection of the properly revealed extensive outdoor storage of various materials at the reaz of the building that was occurring without a Conditional Use Permit. • On June 22, 2004, the Advisory Planning Commission recommended approval of the tank storage subject to the condition that the property be brought into compliance with City Code requirements. • The applicant withdrew the original Conditional Use Permit application for the above ground tank and is now requesting a Conditional Use Permit for outdoor storage of both the above ground tank and various building materials. • Gemstone Products Company and Master Builders operate warehouse facilities out of the subject site. • Gemstone is proposing to place a 10,000 gallon bulk form release oil tank in the paved area at the rear of the property. The oil is classified as a Class 3B combustible and is considered relatively safe by the Eagan Fire Marshal for above ground storage. • The applicant is also proposing outdoor storage of seasonal concrete blocks and various sized rebar to be located on the bituminous surface at the rear of the building. • The applicant has submitted alandscape/site plan that will enhance screening to the west with a combination of coniferous and evergreen material. • The Advisory Planning Commission held a public hearing on August 24, 2004 and is recommending approval, subject to the conditions in the draft meeting minutes including an added condition limiting the height of any outdoor storage to a maximum of 9 feet. 60 DAY AGENCY ACTION DEADLINE • September 19, 2004 ATTACHMENTS (2): "/ Advisory Planning Commission Minutes (draft) page(s) i Planning staff report, pages to '~S MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA August 24, 2004 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 24, 2004 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Dugan, Hansen, Matthees, Bendt, Chavez, and Gladhill (arrived at 6:37 p.m.) Also present were, City Planner Mike Ridley, Planner Sheila Cartney, Planner Pam Dudziak, City Attorney Bob Bauer, Assistant Engineer John Gorder, and Recording Secretary Camille Yungerberg. MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA August 24, 2004 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 24, 2004 at 6:30 p.m., at the' Eagan Municipal Center. Present were Chair Heyl, Members Dugan, Hansen, Matthees, Bendt, Chavez, and Gladhill (arrived at 6:37 p.m.) Also present were, City Planner Mike Ridley, Planner Sheila Cartney, Planner Pam Dudziak, City Attorney Bob Bauer, Assistant Engineer John Gorder, and Recordin'Secretary Camille Yungerberg. AGENDA Member Bendt moved, Member Hansen seconded a motion to adopt the Agenda. All voted in favor. Motion carried 6-0. July 27, 2004 ADVISORY PLANNING COMMISSION MEETING MINUTES Chair Heyl stated that on page 12, under Other Business, City Planner Ridley stated an Advisory Planning Commission Workshop would be held on August 12, 2004. Member Hansen moved, Member Chavez seconded a motion to approve the July 27, 2004 Advisory Planning Commission Meeting minutes as amended. All voted in favor. Motion carried 6-0. 7~ III. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT - ROSEVILLE PROPERTIES A Conditional Use Permit to allow outdoor storage and an above ground oil tank on Lot 17, Block 4, Eagandale Center Industrial Park, located at 2955 Eagandale Boulevard in the SW 1/4 of Section 3. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 9, 2004. He noted the background and history. Applicant Hugh Cullen discussed the outdoor storage and tated the storage will be seasonal Applicant Thor Becken explained that the site is being used as a transfer site and the material of concern will be removed within 24 fo 48 hours. He stated the material is generally stored at eight to nine feet in height. 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. Member Dugan moved, Member Hansen seconded a motion to recommend approval of a Conditional Use' Permit fora 10,000 gallon above ground tank and also outside storage on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard)`subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the Gty. 2. All outdoor storage materials and location shall be limited to the items and location shown on submitted site plan dated August 17, 2004. 3. The above ground tank shall be placed at the specified location on the site plan dated Jam'-~-,~A84 August 17, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. Landscape material as proposed on submitted site/landscape plan dated August 17, 2004 shall be installed no later than June 1, 2005. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. 7~ ~~ ~~s ~~ G ~a aG 4A ea `' ,oa J ~~°% ~~Go ~s ~o ~~~ ~ . ~o~s °o /O'~~4i ~~~ Aar ~~~ ~~~b r PLANNING REPORT CITY OF EAGAN REPORT DATE: August 9, 2004 APPLICANT: Eagandale Place, LLC PROPERTY OWNER: Eagandale Place, LLC CASE: 03-CU-10-07-04 HEARING DATE: August 24, 2004 APPLICATION DATE: July 21, 2004 REQUEST: Above Ground Tank Storage and PREPARED BY: Erik Slettedahl Outdoor Storage LOCATION: 2955 Eagandale Blvd. Lot 17, Block 4, Eagandale Center Industrial Park COMPREHENSIVE PLAN: IND-Limited Industrial ZONING: I-1-Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow above ground storage of a 10,000 gallon oil tank and outdoor storage of various construction materials for Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard) in the SW '/a of Section 3. 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 ~9 Planning Report-Roseville Properties August 24, 2004 Page 2 of 6 change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 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 properly 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. CITY CODE REQUIREMENTS City Code Section 11.60, Subd.14, C., 6., states that fuel storage tanks, located above ground, are subject to the outdoor storage regulations in this chapter. City Code Section 11.70, Subd. 22, C. requires the following performance standards for outdoor storage, in addition to those standards in connection with a conditional use permit: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. $o Planning Report-Roseville Properties August 24, 2004 Page 3 of 6 b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. c. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The existing 1-story, 43,000 square foot warehouse facility on the subject site was constructed in 1998. In May of 2004, Gemstone Products Company applied for a Conditional Use Permit for storage of an above ground tank on the subject property. An inspection of the property conducted as part of that application revealed extensive outdoor storage of various materials at the rear of the building that was occurring without a Conditional Use Permit. A public hearing was held on June 22, 2004 at the regularly scheduled Advisory Planning Commission concerning the above ground tank storage. The Advisory Planning Commission recommended approval of the tank storage subject to the condition that the property be brought into compliance with City. Code requirements. The applicant has since withdrawn the original Conditional Use Permit application for the above ground tank and is now requesting a Conditional Use Permit for outdoor storage of both the above ground tank and various building materials. EXISTING CONDITIONS Gemstone Products Company, a ready mix concrete supply company operates one of its primary warehouse facilities out of the subject site. The existing facility is also occupied by Master Builders, a concrete chemical wholesaler. Required off=street parking is provided in front and on the north side of the building. All parking and maneuvering loading areas are paved with a bituminous surface. ~/ Planning Report-Roseville Properties August 24, 2004 Page 4 of 6 Outdoor storage of various materials including pallets of rebar and concrete block is occurring on the bituminous surface at the rear of the building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - I-1, IND -American Red Cross office/research facility South - IZD, BP -National Computer Systems office building East - I-1, IND -Chicago Tube and Iron warehouse West - RD, BP -Mostly large undeveloped land associated with the National Computer facility and awarehouse/storage facility to the northwest. EVALUATION OF REQUEST The applicant is proposing to place a 10,000 gallon bulk form release oil tank at the southwest comer of the property. The tank measures 27 feet in length and 8 feet in diameter. The oil is used as a release agent in the setting process for form poured concrete and is categorized as a Class 3B combustible material by the Fire Code. The material is considered relatively safe by the Eagan Fire Marshal for above ground storage. The oil is dispensed from the subject site into service trucks and then routed to various job sites within the region. The applicant is also proposing outdoor storage of various building materials to be located on the bituminous surface at the rear of the building. Although recent outdoor storage consisted of insulation, a plastic tank, pallets of rebar, concrete blocks, and various miscellaneous other materials, the applicant is proposing to F 7 r,_ £ limit the storage to seasonal concrete - `` ` `~ ..y ~,.,. :f: ;_ ~y , blocks and various sized rebar. ~ ~~ ,~ t 3' ~'~~ Compatibility with Surrounding Area - 'The site is located within the Limited Industrial district where outdoor storage is generally compatible with surrounding uses. The National Computer facility has an underutilized portion of their property directly west of the subject site, closest to the proposed tank location. Site Plan -The proposed location of the tank and other outdoor storage is shown at the rear of the building on the existing bituminous surface along the west ~a-~ ~ ~ =. Reaz of Gemstone building and view from neighboring NCS parking lot-July Photo ~a Planning Report-Roseville Properties August 24, 2004 Page 5 of 6 property line (see attached site plan). The setback of the storage and tank meets the 20-foot clearance requirements of the Fire Code. Material storage of various sized rebar is proposed along the west property line, not to exceed 4 feet in height. The site appears to be adequately parked with the existing front and north side parking areas. City Code requires outdoor storage materials to be enclosed; however, the Fire Code requires tanks of this kind to be open on at least two sides for fire fighting purposes. The proposed location of the material storage and tank will have minimal visual impact on existing, surrounding uses. However, potential expansion on the undeveloped property to the west may be visually impacted and should be planned for at this time. Therefore, effective screening on the west side of the subject site should be a condition of approval. Landscaping -The applicant has submitted a landscapelsite plan that appears to enhance screening to the west to protect future expansion of the NCS site. The proposed tank storage area is adequetley screened with existing evergreen trees occupying most of the southwest corner of the property. The remaining outdoor storage area will be screened with a combination of coniferous and evergreen material Access/Internal Circulation -The proposed material storage and tank location does not appear to hinder traffic circulation at the rear of the building. However, protective bollards are required by the Fire Code around the tank to avoid accidental contact with trucks filling from tank and moving to and from dock doors. SUMMARY/CONCLUSION The applicant is proposing to locate a 10,000 gallon oil tank and various building materials in the rear, paved area of the existing site. Installation of the tank will be required to follow Minnesota Uniform Fire Code 2000 edition and will be reviewed by the Eagan Fire Marshal at the time of building permit application. All other outdoor storage items should be limited to the type and location indicated on the attached site plan. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit fora 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard). If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All outdoor storage materials and location shall be limited to the items and location shown on submitted site plan dated August 17, 2004. Planning Report-Roseville Properties August 24, 2004 Page 6 of 6 3. The above ground tank shall be placed at the specified location on the site plan dated June 3, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. Landscape material as proposed on submitted site/landscape plan dated August 17, 2004 shall be installed no later than June 1, 2005. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. S 5~ FINANCIAL OBLIGATION-03-CU-10-07-04 - 2955 Eagandale Boulevard Lot 16 Block 4 and Part of Lot 17, Block 4 Eagandale Center Industrial Park There are pay-off balances of special assessments totaling $3,254 on the pazcel proposed for the conditional use. At this time, there are no pending assessments on the parcel. 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 chazges 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 conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT Total gs Location Map ~• t _. ,~ ',- ~. :~ Eagan Boundary ~'\~ f Street Centerline Parcel Area Building Footprint Development/Developer: Roseville Properties Application: Conditional Use P Case No.: 03-CU-10-07-04 ~/ Map Properod using ERSI ArcView 3.1. Parcel base map data provided N DY Dakota County OTDU of GIS end is curreid as of January 20D1. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of Began The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S eomn,untb, oevstopms,K aep.,d„e„i not responslhle fo- errors a omissions. I 1000 D 1000 2DDD Feet QA'Ig ~Z~QI~K~~~ I I I ~ 4 ~ ~ 5 I I I I Z 0 0 m 1 c~ Z c~n l X w n "'i aao• =I ~I I ~ I ~ ~ ~x W o~ l • Y ~o~ ~~~ I 4y t MO f ~~~ 0 V~ ~ ~ = Ns~ Z In R ~ I w (4330 1J Oli) W83tl (d330 !1 !Z) (d330 1! Oli) lryg3tl (d330 1! 9i) (~ 1/ 9i) !ro asm area!! lJ OD.Y/f u oat/l »ras R3d0 1! OL tlve3e 1J OL~•LG li o 8 r~/r i ~ ~ - . M .St . - N LO'Sf't ... ~ s s i ~ °~ ~f ~ ~ ~~ ; ~~ ; 3 t ~~ ; i o _ yy W_Y z~'~ `~ ~ i J W ~W y Z}~ ^~ y s~~ ~}~ ~ N1Y W OW ~yy v~1p vF\ i~. ~~..~~ p ~y ~\ v~N ~o W ar1~~ W~ Y V N ~~ S ~a~ ~~ gar N g~ ' NCO I~ ~ ~ I ~~ $ ~ ~;° Q Wf< I J a ~ • J ~ . 10- I I • 1~~ !~ ~~ . ~~ .~ r_a ~~ Agenda Information Memo September 7, 2004, Eagan City Council C. REZONING AND FINAL PLANNED DEVELOPMENT -JEWISH COMMUNITY CENTER (CAMP BUTWIN) ACTION TO BE CONSIDERED: To approve (or to deny) a Rezoning of approximately 84 acres from P, Park to PD, Planned Development for property located off of 120th Street, within the Lebanon Hills Regional Park in the south half of Section 35. To approve a Final Planned Development to memorialize the existing site conditions and future plans as part of a Camp Butwin Master Plan for the 84-acre site located off of 120th Street, within the Lebanon Hills Regional Park in the south half of Section 35, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. 60-DAY STATUS: Deadline is September 19, 2004 FACTS: • The 84-acre site encompasses a large portion of Lake O'Brien and much of the site is heavily wooded. The day camp for children has been in continuous operation since 1958. • The proposed rezoning to Planned Development provides for an overall site review rather than a piecemeal approach with each phase. • The proposed Master Plans for the Final Planned Development show a number of improvements to be undertaken over then next 20 years. The first phase includes a new lodge and a retreat center/dormitory planned for falUwinter 2004-2005. Future phases include the following improvements: a. Road and parking improvements b. Recreational field improvements c. New recreation and stable buildings d. Remodeling Villages 1-4 with toilet, storage and septic system upgrades e. New Arts and Crafts building and Nature building f. New caretaker's house g. Trail expansion and interpretive areas h. Beach, boating and dock improvements • Variances to the shoreland ordinance can be accommodated through the PD zoning. The site is located within the shoreland overlay district of O'Brien Lake (a natural environment waterbody), and existing villages and septic systems within the 150-foot setback from the OHWL of O'Brien Lake are proposed to remain and be improved in future phases. 88 • Some trees will be removed for the new lodge and retreat center/dormitory buildings, but no mitigation is required. The applicant has been cautioned to use care in construction because of the history of oak wilt within the camp. • Platting is required, typically prior to issuance of a building permit. The applicant is proposing to plat the property prior to occupancy of any new buildings. This allows the survey work to be done in winter months which results in significant cost savings. • The MN DNR hydrologist has also reviewed the proposal and has no objections to the master plan. • The Advisory Plarming Commission held a public hearing on August 24, 2004, and recommended approval of the Rezoning and Final Planned Development. ISSUES: • Dakota County Parks submitted a letter requesting more detailed information regarding the proposed improvements, water quality, stormwater management trails and how the park maybe affected. The applicant's architect responded in a letter, and copies of both are attached. • The St. Paul Jewish Community Center is opposed to the condition requiring payment of the storm trunk area charge. They have submitted a letter (attached) outlining their concerns. ATTACHMENTS (4): August 24, 2004, C Minutes, pages ~ through Staff report, pages through Dakota County Parks letter and applicant's response, page ~ ~~ ~~ JCC letter regarding assessments, page 89 City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 8 D. REZONING, PRELIMINARY & FINAL PLANNED DEVELOPMENT - JEWISH COMMUNITY CENTER (CAMP BUTWIN) A Rezoning of approximately 88 acres from P, Park to PD, Planned Development, a Preliminary Planned Development to create master plans for future camp improvements and a Final Planned Development for a new lodge building and retreat center for Camp Butwin, located at 821 - 120th St. W. in the SW 1 /4 of Section 35. Member Dugan abstained from voting on this item. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 19, 2004. She noted the background and history. Applicant representative Brian Larson addressed condition number five and requested that it state all new building development. He stated the toilet and septic upgrades include that the buildings be expanded. He addressed the trunk area assessment referenced in condition number eight and asked that it be handled separately from the present request. s, Chair Hey1 opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated that the APC does not deal with assessment issues. Member Chavez inquired about the use of horses. Applicant Dori Denelle stated that during the eight weeks of camp, there are eight to ten horses present, and explained the need for an upgrade to the horse shelters in the future. Member Chavez moved, Member Gladhill seconded a motion to recommend approval of a Rezoning of approximately 88 acres from P, Park to PD, Planned Development located at 821 - 120th St. W. in the SW 1/4 of Section 35 subject to the following conditions as amended: 1. The property shall be platted prior to occupancy of any new construction. 2. The applicant shall enter into a Final Planned Development Agreement with the City. Said agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations Plan 9'0 City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 9 3. Development shall reasonably align with the following phasing schedule and without substantial deviation from the plan submitted: Phase 12004-2005 • Remove existing Main building • Construct two-story Lodge Building 5,160 SF per level - 10,320 SF total • Construct two-story Retreat Center/Dormitory 2,460 SF per level - 4,920 SF total • Construct new 85' diameter turn around area for vehicle drop-off and emergency vehicle access • Road improvement from caretaker's house to new turn-around area °~ Phase II -Next five years • Replace existing caretaker's house and garage, connect to new septic system Phase III -Next ten years • Parking area improvements, road. improvements from caretaker's house to 120th Street Phase IV -Next five to ten years Recreation field improvements and new Recreation building; associated small gravel parking area; remove pole shed and concrete slab • Stable and Corral improvements; remove existing sheds and buildings, replace with new Stable building Phase V -Next five to fifteen years • Remodeling Villages 1 - 4 with toilet, storage additions and septic system upgrades • New Nature building and Arts and Crafts building Phase VI -Next five to twenty years • Trail expansion and interpretive areas development • Beach, boating and dock improvements 4. The Master Plan build shall not result in an impervious surface exceeding 2.5%. 9i City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 10 5. All new building development associated with the Master Plan shall be located outside of the 150' OHWM setback excepf for toilet additions to villages 7, 2, and 4. 6. The Lodge and Retreat Center buildings exterior treatment shall include rockface block at lower walkout levels, stained wood and cement-fiber board siding at the main level, and stained cedar shingles at gable side walls; log framing at porches and decks, wood decks, Timberline textured shingles, aluminum clad wood windows and doors. 7. All future phase buildings associated with the Master Plan shall incorporate the same material palette. 8. The applicant shall be responsible for satisfying the existing trunk area storm sewer assessment obligation in the amount of $115,497. 9. The applicant shall install tree protection fencing to protect trees near construction areas. 10. With the history of oak wilt within the camp, the applicant shall exercise extreme caution when performing any construction activity near existing oak woodlands. It would be best to perform construction from September to March to avoid creating new oak wilt infection areas. All voted in favor. Motion carried 6-0. Member Dugan abstained from voting on this item. 9a PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2004 APPLICANT: St. Paul Jewish Community Center PROPERTY OWNER: Same REQUEST: Rezoning/Final PD CASE: 3 S-RZ-11-07-04 HEARING DATE: August 24, 2004 APPLICATION DATE: July 21, 2004 PREPARED BY: Michael J. Ridley, AICP LOCATION: 821 120th Street West - S '/z Section 35, within Lebanon Hills Regional Park COMPREHENSIVE PLAN: P -Parks and Recreational Open Space ZONING: P -Park SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning of approximately 84 acres from P-Park to PD -Planned Development and approval of a Final Planned Development to memorialize the existing site conditions and future plans as part of a Camp Butwin Master Plan for the site located off of 120th street, within the Lebanon Hills Regional Park in the south half of Section 35. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 1 I.50, 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 regulations of any district may only be made by an affirmative vote oftwo-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. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 93 Planning Report -Camp Butwin August 24,.2004 Page 2 of 7 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. BACKGROUND/HISTORY Camp Butwin has been in continuous operation since 1958, providing summer day camp activities for children, including arts and crafts, outdoor recreation and sports, swimming, boating, horseback riding and camping. The camp is surrounded on all sides by Lebanon Hills Regional Park. The property is unplatted and zoned P -Park and guided P -Parks and Recreational Open Space. In 1999, the City approved a Variance for the camp to allow the replacement of existing septic systems on the site that do not meet the minimum required 150-foot setback from the ordinary high water level (OHWL) of O'Brien Lake. However, due to financial constraints, that project was not implemented and that Variance expired. In June 2001 that same Variance was approved in addition to a Variance to allow construction of a camp shelter building within a shoreland overlay district of a natural environment lake without municipal sewer and water service, located at 821 120t'' Street West adjacent to O'Brien Lake. Earlier in 2001, Eagan staff met with representatives of the Jewish Community Center to discuss master planning the long-range vision for Camp Butwin. It was suggested by City staff that a Planned Development would best memorialize these plans. At that time, the Jewish Community Center decided against a PD zoning request but stated that consideration would be given to that process to itemize future development expectations at some point in the future. EXISTING CONDITIONS The existing camp consists of approximately 84 acres, including that portion within Lake O'Brien. Much of the site is heavily wooded. Camp facilities include five "Villages" which are "open-air park shelter structures," (four of which were built in 1958 and one in 2002) are served by existing wells and septic systems, a main camp building and caretaker's house. Anew 9y Planning Report -Camp Butwin August 24, 2004 Page 3 of 7 swimming pool, pool building, septic system and drain field were installed in 2000. The drain field was sized to accommodate the construction of a fifth shelter, Village #5 (built in 2002), the pool and pool building and the future Lodge and Dormitory buildings. The existing impervious surface (consisting of rooftops and concrete paving for the pool deck) equals less that an acre, or 1.5%. SURROUNDING USES The site is surrounded by Lebanon Hills Regional Park which is also zoned P -Park and guided P -Parks and Recreational Open Space. EVALUATION OF REQUEST The requested Planned Development Master Plan will provide for proposed development over the next 20 years. The plan shows existing buildings to remain, proposed new buildings, updated/new and extended utilities, trails, roads and other site features. Compatibility with Surrounding Area -The proposed continued use as a day camp and the extended operation as an off-season weekend retreat center appear compatible with the surrounding Lebanon Hills Regional Park. Phasin -The applicant is proposing the following 20 year phasing plan: Phase I 2004-2005 - Remove existing Main building - Construct two-story Lodge Building 5,160 SF per level -10,320 SF total - Construct two-story Retreat Center/Dormitory 2,460 SF per level - 4,920 SF total - Construct new 85' diameter turn around area for vehicle drop-off and emergency vehicle access - Road improvement from cazetaker's house to new turn-around area Phase II -Next five years - Replace existing caretaker's house and garage, connect to new septic system Phase III -Next ten years - Parking area improvements, road improvements from caretaker's house to 120th Street Phase IV -Next five to ten years 9s Planning Report -Camp Butwin August 24, 2004 Page 4 of 7 - Recreation field improvements and new Recreation building; associated small gravel parking area; remove pole shed and concrete slab. - Stable and Corral improvements; remove exiting sheds and buildings, replace with new Stable building Phase V -Next five to fifteen years - Remodeling Villages 1 - 4 with toilet, storage additions and septic system upgrades - New Nature building and Arts and Crafts building Phase VI -Next five to twenty years - Trail expansion and interpretive areas development - Beach, boating and dock improvements Densi - In this case, the intensity of the proposed Master Plan appears complimentary to the Regional Park. The Master Plan proposes a net increase in impervious surface of approximately 22,000 SF; resulting in a "build out" impervious surface for the site of 2.4%. Lots -The applicant is required to plat the property and a single 84 acre lot is proposed. Due to the significant cost associated with surveying the O'Brien Lake shoreline, the applicant has suggested a condition of approval that would require the property to be platted prior to occupancy of any new building. This will allow the surveying to be completed in the winter months which result in a significant cost savings. Setbacks -Previous City approvals have allowed Variances to allow certain development within the 150' Ordinary High Water Mark (OHWM) setback; however, all new development associated with this Master Plan is located outside of the 150' OHWM. Architecture -The Lodge and Retreat Center buildings exterior treatments will include rockface block at lower walkout levels, stained wood and cement-fiber board siding at the main level and stained cedar shingles at gable side walls; log framing at porches and decks, wood decks, Timberline textured shingles, aluminum clad wood windows and doors. Future phase buildings will incorporate the same material palette. Tree Loss/Landscapin~ -Five trees will be removed to accommodate the Main Lodge Building, and an area of trees at the edge of the. existing woods will be removed to accommodate the Retreat Center/Dormitory. 65 new shade trees and 45 new shrubs will be added to the open area near the new turn-around feature. Residential size Central Air-conditioning units will be ground-mounted at the west side of the lodge and screened by shrubs. Grading/Storm Drainage -Grading and drainage will be reviewed with building permits. 9~ Planning Report -Camp Butwin August 24, 2004 Page 5 of 7 Wetlands/Water Quality -Wetland and water quality will be reviewed with building permits. Utilities -Electric and natural gas is currently provided to the site. Due to the cost prohibitive nature of extending City services to this remote location, water and sanitary sewer is proposed to continue to be handled via private septic and well systems. The applicant has been made aware of an existing trunk area storm sewer assessment obligation in the amount of $115,497. Access/Street Design -Access to the site is provided via a gravel drive off of 120th Street. Tree Preservation -With the acres and acres of woodlands within this site, the minimal removal of trees is well below what is allowed by ordinance. As such, there is no required tree mitigation. The applicant should install tree protection fencing to protect trees near construction areas. Finally, there is a history of oak wilt within the camp. The applicant should be extremely careful when performing any construction activity near existing oak woodlands. It would be best to perform construction during September to March. Any other time there is a high risk of creating new infection areas. Parks and Recreation -The proposal is not subject to park and trail dedication requirements. SUMMARY/CONCLUSION Camp Butwin has been in continuous operation since 1958, providing summer day camp activities for children, including arts and crafts, outdoor recreation and sports, swimming, boating, horseback riding and camping. The camp is surrounded on all sides by Lebanon Hills Regional Park. In 2001, representatives of the Jewish Community Center met with Eagan staff to discuss master planning the long-range vision for Camp Butwin. It was suggested by City staff that a Planned Development would best memorialize these plans. The multi-phased Master Plan appears compatible with the surrounding Lebanon Hills Regional Park. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of approximately 84 acres from P-Park to PD -Planned Development and approval of a Final Planned Development to memorialize the existing site conditions and future plans as part of a Master Plan for the site located off of 120th street, within the Lebanon Hills Regional Park in the south half of Section 35. 9~ Planning Report -Camp Butwin August 24, 2004 Page 6 of 7 If approved, the following conditions should apply: 1. The property shall be platted prior to occupancy of any new construction. 2. The applicant shall enter into a Final Planned Development Agreement with the City. Said agreement shall include the following exhibits: - Final Site Plan - Final Building Elevations Plan 3. Development shall reasonably align with the following phasing schedule: Phase I 2004-2005 - Remove existing Main building - Construct two-story Lodge Building 5,160 SF per level -10,320 SF total - Construct two-story Retreat Center/Dormitory 2,460 SF per level - 4,920 SF total - Construct new 85' diameter turn around area for vehicle drop-off and emergency vehicle access - Road improvement from caretaker's house to new turn-around area Phase II -Next five years - Replace existing caretaker's house and garage, connect to new septic system Phase III -Next ten years - Parking area improvements, road improvements from caretaker's house to 120' Street Phase IV -Next five to ten years - Recreation field improvements and new Recreation building; associated small gravel parking area; remove pole shed and concrete slab. - Stable and Corral improvements; remove exiting sheds and buildings, replace with new Stable building Phase V -Next five to fifteen years - Remodeling Villages 1 - 4 with toilet, storage additions and septic system upgrades - New Nature building and Arts and Crafts building Phase VI -Next five to twenty years - Trail expansion and interpretive areas development 98' Planning Report -Camp Butwin August 24, 2004 Page 7 of 7 - Beach, boating and dock improvements 4. The Master Plan build shall not result in an impervious surface exceeding 2.5%. 5. All new development associated with the Master Plan shall be located outside of the 150' ~HWM setback. 6. The Lodge and Retreat Center buildings exterior treatment shall include rockface block at lower walkout levels, stained wood and cement-fiber board siding at the main level and stained cedar shingles at gable side walls; log framing at porches and decks, wood decks, Timberline textured shingles, aluminum clad wood windows and doors. 7. All future phase buildings associated with the Master Plan shall incorporate the same material palette. 8. The applicant shall be responsible for satisfying the existing trunk area storm sewer assessment obligation in the amount of $115,497. 9. The applicant shall install tree protection fencing to protect trees near construction areas. 10. With the history of oak wilt within the camp, the applicant shall exercise extreme caution when performing any construction activity near existing oak woodlands. It would be best to perform construction from September to March to avoid creating new oak wilt infection areas. 99 FINANCIAL OBLIGATION-Jewish Community Center There are pay-off balances of special assessments totaling $0 on the parcels proposed for the Final Planned Development. At this time, there are pending assessments in the amount of $115,497 on the parcels for which the Final Planned Development is requested. The pending assessments are related to Project 905, Lebanon Hills Regional Park Storm Drainage Improvements. 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 approval of the Planned Development or at the time of building permit issuance. IMPROVEMENT Storm Sewer Trunk USE RATE QUANTITY Park $.0475/Sq. Ft. 2,431,519 Sq. Ft. AMOUNT $115,497 Total /~ $115,497 Location Map ~ - =: Eagan Boundary n f Street Centerline Lr_~J Paree:l Area Building Footprint Rr ° `~ 8 ~ 8 ~ v'S ~ £~ € ~~ t~ gem I °°' ~~' wee..'' d • d ~~~ a+ '~ ti~ ~~e;jc ~ ~~~ ~ oo' ~ ~~ ~~ © ~~ ~, Subject Site o "° -, b '^L ~--- J/ ~_ ,- > J ,~-- 1 ~ vB 1000 0 1000 2000 Fee! Development/Developer: Jewish Community Center Application: Preliminary and Fin ned Development Case No.: 30-PD-06-07-04 /D/ AFC.. ~_ MaP Prepsnd uslnp ERSI PrcVlew i1. Parcel base nnP data Providetl N ,'.M1 ' by Dakota Counly Oftita of GIS and is current as of January 2004. Y city of eac~~n /r THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ e The City of Eagan and Dakota County do not guarantee the accuracy of this informatlon and ara S ene responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Jewish Community Center Land Use Map Case No. 30-PD-06-07.04 Zoning Map P Current Zoning: Subject P Park Area ° A R•~ P coo o soo uoc n.t Comprehensive Guide Plan Land Use Map Current Land Use Designation: P Parks and Recreational Open Space coo o coo tms r•.e City of Eagan Community Development Department P ° Su A bject P rea ° SA SA P 1arcN base mep Mformatfon provld ~'D~r G County LandSwey Depertmart June 2003. 2odn9 IMonnefion maintained byCky StnK ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY The Citv of Eagan and Dakota county do not guarantee the accuracy of this information. N W~E S y z~~ oz ~ } dd x .-7W C ~!r ~~ tE J ~_ 3 ,. <<t~f~ ~~ i i ~ ~ - ti~j~1 ~~ e j vo~~ ! rte{ J . 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I ~ ..... - I I' ,_ a ~~ r ~ I ~I ~I 1 ~: 7~~ E ~ p ~~ i i° E ~~~;~~~f ' ' ;i ' ~ ~;;~i ~~ :~ ., 3 ~~ ~~~~itt~~ 1 Narrative Planned Development Application Camp Butwin Application / City of Eagan Larson 8rennerArrhitects 7.21.04 Camp Butwin is an existing day camp facility located in the middle of Lebanon Hills Dakota County Park near the southern edge of Eagan at 821 120th Street West. The Comprehensive Guide Plan designates this property as P-Park and Recreational Open Space. Part of the properly is in Special Area #6, Lebanon Hills Regional Park. The property is within the Shoreland Zoning Overlay District. The existing Zoning classification was recently changed from A Agricultural to P- Park. This Planned Development application follows an agreement between the City of Eagan and the Jewish Community Center of St. Paul regarding this zoning change. It does not propose a change to the Camp's use or zoning, but outlines future development plans for the Camp. Camp Butwin's 84.2 acre property is located on the shores of, and includes some of Lake O'Brien (DNR #19-72P) and an adjacent pond. It is surrounded on all sides by Lebanon Hills Dakota County Park. AN surrounding land use within 660 feet is P-Park and Recreational Open Space and surrounding zoning is P-Park . Camp Butwin has been in continuous operation since the property was purchased in 1958, providing summer day camp activities for children, including arts and crafts, outdoor recreation and sports, swimming, boating, horseback riding and camping. The existing camp includes a small main building, an outdoor swimming pool and pool building at the center of camp, and a pole barn for storage and some indoor activities. Camp life is centered around five "Villages", which are open-air park shelter structures. Vllages #1-#4 are structures built in 1958; and have existing wells and toilets and septic systems. Village #5 was built in 2002, and is connected to a new well and septic system {installed in 2000) shared by the pool building. The following is a list of the attached drawings, with addi#ional information about the site and buildings: Al Regional and Local Context This diagram shows Camp Butwin's (ovation, surrounded completely by Lebanon Hills Regional Park. A2 Existing Conditions Site Plan This plan shows the existing buildings, utilities, trails, roads and other site features. As noted, the overall site is about 84.2 acres, with about 56.1 acres of land area excluding the lake and pond. Impermeable areas (rooftops of buildings and concrete paving at pool deck add up to 37,118 square feet, or 1.5% of the land area of the site. The road surface from 120' street into the camp Parking Field is gravel; the road from the Parking Field to camp center and up to the Open Stable area is a combination of gravel and dirt. The Parking Field is an open grassy field used for camp buses and camp staff cars. There are no hard-surface paved roads or trails on site. The trails around camp are mostly dirt with some wood chip areas. There is existing power and natural gas to the site. Existing buildings are serviced by a series of wells and septic systems; the most recent well and septic system was installed in 2000 near the center of camp to service the new Pool, Pool Building, Village #5, and sized for the future Lodge and Dormitory Buildings. Much of the site is heavily wooded, with some open recreational fields near the center. - /~yy ~RECEIVLD ~~~ 2 12004 A3 Proposed Master Plan/Site Plan The Master Plan diagram included with this narrative shows proposed development over the next 20 years. This plan shows the existing buildings to remain, proposed new buildings and new and extended utilities, trails, roads and other site features. There is a proposed net increase in impermeable areas (rooftops of buildings, concrete paving, pool deck and other paved surtaces) of 21,899 square feet, for a total of 59,017 square feet, or 2.4% of the land area of the site. Timing/Phasing and other Detailed Information Phase 1, which includes the Lodge Building and Retreat Center, is anticipated to start construction in September 2004. Other improvements are not currently scheduled, but approximate timelines and descriptions are given below: 1. 9/04 Construction Start - 6/OS Completion: New Lodge Building and Retreat Center (see Drawings A4-A71. ^ The existing conditions of this area are detailed in a survey following Drawing A3, dated 7.14.04. The existing Main Building will be removed. • The Lodge Building (5,160 sf each level, 10,320 sf total) will have limited use for Camp functions during the summer, and be used for weekend, evening and off-season retreats and gatherings. There is a kosher catering kitchen, gathering area seating 120, small stage, offices and meeting rooms on the main level. The Lower level has a large gathering room/lounge, with a classroom and chapeU meeting room, and storage/mechanical rooms The building has an elevator and is completely accessible. ^ The Retreat Center/Dormitory (2,460 sf each level, 4,920 sf total) will be used as a dormitory for overnight stays, mostly for weekends and retreats not connected with the Day Camp. It has 9 sleeping rooms and a lounge, accommodating at least 48 people, with toilets and showers. ^ The new buildings are connected to existing well and septic tanks and drainfield, designed for the new buildings, and installed in 2000 with the construction of the existing pool. Existing water pressure tanks will be relocated in the basement of the new Lodge Building ^ Garbage is picked up daily from the buildings and relocated to a dumpster near the Caretaker/parking field area. ^ Exterior residential-sized A/C units will be mounted on the ground at the west side of the Main lodge building and screened by shrubs. ^ The buildings are set back more than 150' from the OHW of 909.81. ^ Anew 85' diameter Turnaround Area for vehicle drop-off and emergency vehicle access is provided in the camp center, with an open wood chip center. Three short-term parking spaces are provided for staff near the road. The Camp desires to limit parking and vehicles from camp center; campers and patrons walk in or are shuttled from the parking field. • Road Improvement from caretaker's house to new Turnaround Area: re- grading and resurfacing with crushed limestone as indicated on Dreawing A5. Some areas of road will be widened to 16'-0° as terrain allows. ^ Five free-standing trees indicated on the 7.14.04 survey will be removed to accommodate the Main Lodge building, and an area of trees at the edge of the existing woods will be removed as shown on Drawing A4 to accommodate the Retreat Center/Dormitory. 65 new shade trees and 45 new shrubs are planned to be added to °re-forest" the currently open area near the turnaround, as indicated on Drawing A4. ^ There is no site lighting anticipated beyond exterior building downlights. 2. Next 3 years: replace the existing Caretaker's house and Garage; connect to new septic area. nn //V ~a 3. Next 10 years: Parking field grading and improvements, road improvements from caretaker's house to 120" street 4. Next 5-10 years: Recreation Field improvements and new Recreation Building, associated small gravel parking area and tree planting; remove existing pole shed and concrete slab. See A8 for preliminary diagram of Recreation Building. 5. Next 5-10 years: Stable and Corra( improvements; remove existing sheds and buildings, replace with new Stable building 6. Next 5-20 years: trail expansion and interpretive areas development 7. Next 5-15 years: Villages #1 - #d remodeling with toilet and storage additions and septic system upgrades. Note: Though three of the existing villages are within the 150' OHW setback, in a previous variance granted July 20, 1999, these additions and septic system upgrades were approved by the City, since they would not significantly affect the Vllage's overall square footage or visibility from the lake, or change their functions. These additions were not constructed at that time for budgetary reasons. The septic systems designs have been completed, and the areas indicated on the drawings have been percolation tested. See Drawing A8 for plan diagram of additions. 8. Next 5-15 years: New Nature building and New Arts and Crafts building. See Drawing A8 for preliminary plan diagram of these two buildings. 9. Next 5-20 years: beach, boating and dock improvements. An improved sand beach area, relocated existing dock, new seasonal dock and new defined swimming area. Survey Conditions at Phase 1 Turnaround and Lodge !Retreat Center area A4 Phase 1 Site Plan at Phase 1 Turnaround and Lodge /Retreat Center area A5 Road Improvement from East property line/NSP easement at right to Camp Center at left A6 Main Floor Plan at Lodge and Retreat Center A7 Exterior Elevations at Lodge and Retreat Center Proposed exterior materials include colored rockfaced block at lower walkout levels, with stained wood and cement-fiber board siding at main level, and stained cedar shingles at gable sidewalls; log framing at porches and decks, wood decks, Timberline textured shingles, aluminum clad wood windows and doors. A8 Architectural Program -Master Plan Plans at Vllage additions, Arts and Crafts and Nature buildings, Active Recreation Building: proposed materials include same palette as Lodge and retreat center above. /// OFFICERS lean bVitson" President Harriet Glick' Dice President Sharon Farsht Torodor' 4'ice President Steve Rubin` Vice President Marsha Zimmerman' Treasurer Stuart Sanders' Secretan• LIFE BOARD MEtNBERS Beverly Calmenson Martin Capp Baron Desnick Harold Field E. David Krawetz tSelvan .Mack ~aarvin Pertzik 'Deceased BOARD OF DIRECTORS Borman Abramson Grey Alch Earl~Bailev Harriet Bailey Herman 6irnherg Gary Bloom Tim Bloom' Robyn Calmenson Esther Capri Lisa Capp Lisa Cohen Robert Devitt iLeo Fos Barry Glaser" Rena Glaser Dr. Ernest Goodman Rribert Green )errv Helfand Sterna Kasowitz Leroy Kieffer Nes;a Kleinglass Ricks Kohnshmm Eva Launer Allen Levine' Nance' Levine Maggie Madden left Prauer' Dr. Daniel Saltzman Karen Schanfield Maxine Sloboi Marihn Smith Dr. Richard Smookler' Richard SGimling t\•larilyn TamsL~• Katherine Tane Cathy Todd Ececutive Committee' EX OFFICIO Rabbi Esther Adler-Rephan Rabbi Tviorris,411en Rabbi Jonathan Ginsburg Rabbi Alan Shavit-Lonstein Rabbi Stacy Offner Rabbi Bernard Raskas Rabbi ,4dam Spilker P.abbi Asher Zeilingold EXECUTIVE DIRECTOR Dori Denelle dori~stpaulja.org ASSISTANT DIRECTOR Carol Rone crone~stpauljccorg AFFILIATIONS Jewish Community Centers Association/NA Greater Twin Cities United Wav United Jewish Fund and Council or St. Paul ® Printed on rm~cled yper tminimum IO"+~ Post comumer tiber~ ~Cc August 27, 2004 Ms. Maria Petersen City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 D ~~ Re: St. Paul Jewish Community Center Dear Ms. Petersen: ~~~v~s cc~~,~~~~J~~~~~ ~~~~~~ OFTHE G3tf,~TZ32 S~. P?.tJl>~RF;=. Martin and i=sther Capp 6uiiding 1375 St. Paul ;venue St. Paul, SIN 5;~ 1h-'79S b51i698-Oi51 =,. n~'!r~gg_;;c,; WWW.SLI?~:l9~ tC.fl7'4 I am the executive director of the St. Paul Jewish Community Center. We sincerely appreciate the City planning commission's recent approval of our request for rezoning and final plan development for the Camp Butwin property. This letter serves, however, as a formal objection to the City's desire to condition its approvals on the JCC's satisfaction of a pending assessment obligation for trunk area storm sewer in the amount of $115,497. We understand that the City has not even contracted for the work for which the assessment is based. Moreover, we understand that the assessment hearing may not even occur until sometime next year. Substantively, the City agenda information indicates that several property owners have already expressed concerns and objections to the proposed assessments that were identified in the City's feasibility report for the storm sewer project. Based on this information and fairness, we believe that the proposed assessment should stand or fail on its own merits and should not be exacted from the JCC as part of its current application. Given our knowledge of the facts to date, we believe that any requirement for the JCC to pay the proposed assessment is premature and would deprive the JCC of its rights to evaluate the validity and amount of the assessment. Consequently, the JCC respectfully requests that the City remove the payment of the pending assessment as a condition for approval of the JCC's current land use approvals. We appreciate the City's work and the consideration of our position on this issue. Please include this correspondence in the packet for the City Council's September 7, 2004 meeting, and make it part of the record. Very truly yours, ~~ . Dori Denelle Executive Director cc: Mike Ridley Pam Dudziak Brian Larson /~ ~, , ,-. ., , C O U N T Y D~~ ~ ii AUG ~ ~ ~'C[)4 August 24, 2004 By _. Parks Administration Steve Sullivan, RLA Ms. Pamela Dudziak, Planner Parks Director Eagan Municipal Center 3830 Pilot Knob Road Dakota County Eagan, MN 55122-1897 Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 Dear Ms. Dudziak: 952.891.7000 Fax 952.891.7097 Thank you for notifying the Dakota County Parks Department about the August 24, 2004 www.co.dakota.mn.us public hearing on the proposed rezoning and long-term ;raster plan for future improvements to the Camp Butwin property at 821 120'" Street in Eagan. Dakota County has concerns about the long-term impact of the proposed development on Lebanon Hills Regional Park, and areas downstream from the park. These concerns pertain primarily to storm water runoff quantity and quality, and the long-term environmental impact of continued on-site treatment of sewage. We were glad to hear from Brian Larson of Larson Brenner Architects that much stormwater runoff will routed to landlocked water storage areas, and that on-site sewage treatment facilities were recently designed and installed by a licensed contractor who is well known for high quality work. Nevertheless, we suggest that more detailed plans and procedures should be developed for the property to insure appropriate ecologically sensitive land and water management. Plans and procedures that should be evaluated include the following: • While the narrative for the Planned Development Application states that low levels and low volumes of use are anticipated, actual levels of use could increase more rapidly than expected, causing increased environmental impact. • An effective septage-pumping program should be required to reduce nutrient loading and possible contamination of surface water and groundwater resources. • All areas with impervious surfaces, including roadways, buildings and parking areas, should have designated stormwater holding ponds and/or rain gardens. It is our experience that gravel and crushed limestone roadways and parking lots do not infiltrate storm water runoff to any appreciable extent: This increased runoff from roadways therefore needs to be managed on site. • Lawn care should continue to use best management practices pertaining to fertilizer and other chemical use. • Other best management practices, including trail routing and management of manure at the horse stable, should be observed. We suggest that the County SWCD be consulted for design on such best management practices. • The intersection of the canoe portage and the access road to the new lodge should be evaluated for public safety needs, since heavy use of the canoe route could often coincide with weekend events at the new lodge building. • Water management planning is currently in process that could result in fluctuations in the water elevation of O'Brien Lake. `Printed m regcled paper //~ wiN 30% posttannmer waste. AN EQU/d OiP7R1Uy7Y EYPlOY9l As stated on page 5.53 of the Lebanon Hills Regional Park Master Plan, Dakota County Parks should work with camp Butwin to ensure that the development proposed for the site does not pose a negative impact to the park. This includes the siting of structures so that they do not visually interfere with park uses, selecting architectural styles for facilities that are in harmony with park setting, and fostering land stewardship practices similar to those being used for the park. • As a matter of note, we understand that access to Camp Butwin through the park could be presently limited to an existing 15-foot wide easement of necessity. Thank you for the opportunity to provide comment on the proposed plan for future improvements at Camp Butwin. We wish Camp Butwin success in future operation and management of their property. If further information is needed, please call me at 952.891.7990. Sincerely, N ` Bruce Blair, Manager Parks Development and Maintenance C: Steve Sullivan, Parks Director Greg Konat, Physical Development Director Paul Olson, City Parks Director Eric MacBeth, City Water Coordinator /~v lug 651 439 1179 29 04 02:29p 9 1179 p. l 6 51 4 3 LRRSON BRENNER ARCHITECTS ~ ~ ~~+ ~ ~ T ~ t it J lJ l - Vn &om: n r ~ ~ ~ Z Bn r ' va V rit to: 1 company. b ~'p~~~T ~_~~iC47tJ1 V Telephone: date:$~~ pages: ~„ BT x 651 - 430 - 0056 phone: F i i ~ ~ aec m le: 651 .439 - 1179 F~c ~~5~ /„/~~ ~/f 807 North Fourth Street Stillwater, MN 55082 Telephone: 651 - 430 - 0056 Facsimile: 651 - 439 - 1179 larsonbrenner@aol.com 8.27.04 Bruce Blair Parks Development and Maintenance Dakota County Western Services Center 14955 Galaxy Avenue Apple Valley, MN 55122-1897 Dear Bruce, Pam Dudziak at the City of Eagan asked that t respond to your 8.24.04 letter regarding our Planned Developrtient submission for Camp Butwin, and after our phone conversation today, I think we have a better idea of each others concerns. As I noted,-our Planned Development application will be before the Eagan City Council on 9.07.04, and we want to address any concerns prior to that meeting. Matey b~ the items in your letter relate to water quantity/quality issues. We are working with John Krausert /Rehder Engineering of Eagan regarding our grading and stormwater design. Roger Benson of Benson Septic has designed on-site sewer systems for the entire site, and installed our most recent system. The Master Plan indicates our overall design intent, and as elements of the Master Plan are developed, we wil! have more.detaildd information available. We intend to start.construction of the Main Lodge Building in September 2004, with a June 2005 completion. We have completed Civil, Landscape and Architectural plans for this work, and have attached reduced copies of our cover sheet, site survey, C1, C2, L1, A1.1, A1.2, A3.0 and A4.1. We have also attached a letter written by Pat Lynch of the MN DNR regarding our original master plan and proposal for improving facilities at the camp. Responding to your bullet points in order: Overall, the camp has a relatively low impact use of the site, and this wilt ~ntinue with most of the proposed the Master Plan elements -the Camp function is not expanding size so much as improving facilities. The only elements that may increase use is the proposed Main Lodge Building and Retreat Center, which will be used on weekends and in the off-season for retreats and other gatherings. We don't believe this will have a significant environmental impact on the site and area. ^ The new sewage treatment system installed in 1999 serves the Pool. Vllage #5 and the Proposed Lodge Building and Retreat center. We intend to meet or exceed any specific pumping or maintenance requirements Dakota County has for the system. John Krausert from Rehder has met with Eric MacBeth of the City regarding storm water drainage at our Lodge Building project It's unlikely that all roadways and impervious surfaces can drain to stormwater holding or infiltration areas, but we intend to do this when feasible. Except for some minor widening of existing roads where possible, we are not adding roadway. Our Main Lodge building project actually reduces the size of the existing gravel turnaround, and directs the existing surface drainage at the turnaround area and the north half of the new building away from take. If the current parking field should in the future be graded and surfaced with gravel, we would design methods to contain and infiltrate the runoff //s ~u~ 29 04 02:29p LRRSOH BRENNER RRCHITECTS 651 439 1179 p.2 ^ Lawns, such as they are at camp, are very rustic and low-maintenance. The Camp does not irrigate or use chemicals or fertit'¢er on its fawns now, and does not intend to in the future. ^ The stable area houses about 10-12 horses for 8 weeks in the summer, and will likely not expand beyond this_ Manure is composted on site. When our unpaved foot trail expansion design takes place, we're willing to discuss more detailed plans with the County, if desired. ^ We have no information on the frequency of use at the canoe portage area and are not aware of any conflicts there. If there are ways of making the portage safer in the context of our proposed site improvements or future road work, we would be happy to discuss them with you. • We would like to be notified of any water management planning affecting the water levels of O'Brien Lake. ^ Regarding siting and buildings: we've inGuded more detailed drawings for our current Lodge Building project fro your information. We're willing to meet with Dakota County Parks to discuss our proposed Master Plan. It would be helpful if the Park's Land Stewardship practices standards could be sent to us, so that we may evaluate how our project relates to these. ^ Regarding camp road access; we understand that you are noting that the existing camp access road may not fall completely within existing easements, and if significant road improvements or widening were desired there in the future, there may lie IegaUproperly issues to be addressed. The Camp shares Dakota County's concerns with environmental and water quality issues, and looks forward to cooperating with you in improving the quality of O'Brien and other surrounding lakes. If any of the above items require more information, please feel free to contact me. Sincerely, Larson Brenner Architects Brian Larson, AIA Cc: Pam Dudziak, City of Eagan Dori Denelle, JCC Executive Director //6 OFFICERS lean 4ViBOn' President Harriet Glick` Tice President Sharon Farsht Torodor' Tice President Steve Rubin` Tice President Marsha Zimmerman' treasurer Stuart Sanders' Secretan' LIFE 80ARD MEMBERS Beverly Calmenson Adartin Capp Baron Desnick Harold Field E. David Kraa'etz Sylvan Mack ~.larvin Pertzik 'Deceased BOARD OF DIRECTORS Norman Abramson Grey Alch Earl Bailey Harriet Bailey Herman Birnbern Gan' Bloom Tim •Bloom` Robyn Calmenson Esther Capp Lisa Capp Lisa Cohen Robert Devitt deo fox Barn' Glaser* Rena Glaser Dr. Ernest Goodman P,nbert Green lern' Helfand Sterna Kasowitz Leroy Kieffer Nesda Kleinglass Ricky Krihnstamm Eea Launer Allen Levine` NanC~• Levine Maggie ISladden leli Prauer' Dr. Daniel Saltzman Karen Schanfield FAaxine Sloboi MariMn Smith Dc Richard Smookler` Richard Strimling A1arilvn Tamsk7• Katherine Tane catnt-Tndd Executive Committee' EX OFFICIO Rabbi Esther Adler-Rephan Rabbi rviorris Allen Rabbi Jonathan Ginsburg naitbi r,ian Shavit-LOnstein Ral?bi Stacy Offner Rabbi Bernard Raskas Rabbi ,4dam Spilker Rabbi Asher Zei!ingold EXECUTIVE DIRECTOR Dori Denelle dori~stpauljcc.org ASSISTANT DIRECTOR Carol Rone crone~~stpa ufjcc.org AFFILIATIONS lesvish Community' Centers AssociationJNA Greater Twin Ciries United Wav United ~etvish Fund and Council of St. Paul ® Prinal on rencled paax rminimum I D"<, post consumer lit+en JCc August 27, 2004 Ms. Maria Petersen City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 D~ ~~O q~s 2 ,. ~~ ZQ~¢ Re: St. Paul Jewish Community Center Dear Ms. Petersen: ~~~UIS~ ~~~~~~ OFTi-1~ CHEATER ~T. P~~L ~xE~; fvld~iin 3T7!~ tSi~leT t~~Dl} DLIII~~IRti ?375 St. PaDI .avenue St. Paul, ~ IN ;;? 1 ~-?-98 www.stga:lijtc.orII I am the executive duector of the St. Paul Jewish Community Center. We sincerely appreciate the City planning commission's recent approval of our request for rezoning and final plan development for the Camp Butwin property. This letter serves, however, as a formal objection to the City's desire to condition its approvals on the JCC's satisfaction of a pending assessment obligation for trunk area storm sewer in the amount of $115,497. We understand that the City has not even contracted for the work for which the assessment is based. Moreover, we understand that the assessment hearing may not even occur until sometime next year. Substantively, the City agenda information indicates that several property owners have already expressed concerns and objections to the proposed assessments that were identified in the City's feasibility report for the storm sewer project. Based on this information and fairness, we believe that the proposed assessment should stand or fail on its own merits and should not be exacted from the JCC as part of its current application. Given our knowledge of the facts to date, we believe that any requirement for the JCC to pay the proposed assessment is premature and would deprive the JCC of its rights to evaluate the validity and amount of the assessment. Consequently, the JCC respectfully requests that the City remove the payment of the pending assessment as a condition for approval of the JCC's current land use approvals. We appreciate the City's work and the consideration of our position on this issue. Please include this correspondence in the packet for the City Council's September 7, 2004 meeting, and make it part of the record. Very truly yours, ~M . Daov~ ri/ ADV enelle Executive Director cc: Mike Ridley Pam Dudziak Brian Larson l / / Agenda Information Memo September 7, 2004 D. ORDINANCE AMENDMENT-ZONING MAP UPDATE ACTION TO BE CONSIDERED: To approve (OR to direct findings for denial) the publication of the Zoning Map of the City of Eagan, Minnesota, pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.50 Subd. S of the City Code, incorporating all approved rezoning since the last map publication, administrative changes, known map errors, and MSP Noise Exposure Zones. REQUIRED VOTE FOR APPROVAL: • Majority of Council Members Present FACTS: • The last official Zoning Map was published on September 11, 2003. • At the regularly scheduled City Council meeting on August 2, 2004, the City Council initiated a Zoning Map update and waived notification requirements as required by City Code. • The proposed map incorporates all approved rezonings since the last map publication and known map errors. The map also includes two areas of administrative zoning changes including the Anderson parcel acquisition and 3.3 acres associated with the maintenance/water treatment facility expansion plat. • The Metropolitan Council noise zones currently in effect are now included on the proposed map to correspond with policy No. 6 in the Comprehensive Plan Aviation Section. • The Planning Commission recommended approval of the Zoning Map Update at its regularly scheduled Planning Commission meeting on August 24, 2004. 60 DAY AGENCY ACTION DEADLINE • NA ATTACHMENTS (2): t ~~ Advisory Planning Commission Minutes (draft) page(s) I Planning staff report, pages~to ~ /~8 City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 11 E. ORDINANCE AMENDMENT -CITY OF EAGAN An Ordinance Amendment to approve the publication of the Zoning Map of the City of Eagan, MN pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.20 Subd. 2 of the City Code, incorporating approved rezonings since the last map publication, administrative changes, known errors, and MSP Noise Exposure Zones. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 17, 2004. He noted the background, history and that the map update was an annual exercise. 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. Member Bendt moved, Member Chavez seconded a motion to recommend approval of an Ordinance Amendment to approve the publication of the Zoning Map of the City of Eagan, MN pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.20 Subd. 2 of the City Code, incorporating approved rezonings since the last map publication, known errors, and MSP Noise Exposure Zones. All voted in favor. Motion carried 7-0. I/9 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 2004 APPLICANT: City of Eagan PROPERTY OWNER: City-wide REQUEST: Ciry-wide Zoning Map Update LOCATION: City-wide COMPREHENSIVE PLAN: Not Applicable ZONING: All Districts SUMMARY OF REQUEST CASE: 03-OR-03-07-04 HEARING DATE: August 24, 2003 PREPARED BY: Erik Slettedahl The City of Eagan is executing a yearly update of its published Zoning Map. The proposed map incorporates all zoning changes approved by the City Council from August 20, 2003 through August 17, 2004, administrative changes, map errors, and MSP Noise Exposure Zones. AUTHORITY FOR REVIEW City Code Section 11.60, Subd. 2 states that zoning district boundaries are "established as shown on that certain map entitled "Zoning Map of the City of Eagan, MN", which map is properly approved and filed in the office of the city clerk, hereinafter referred to as the "zoning map". Said map and all of the notations, references and other information shown therein and are hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. The code requires that the Zoning Map be maintained and made available to the public. To approve and file the Zoning Map, the Zoning Amendment process of City Code Section 11.50, Subd. 5 shall be applied. BACKGROUND/HISTORY At the regularly scheduled City Council meeting on August 2, 2004, the City Council initiated a Zoning Map update and waived notification requirements as required by City Code. The last official Zoning Map was published on September 11, 2003. The City Council has since approved nine separate rezonings from August 20, 2003 through August 17, 2004. These /ao Planning Report-Ordinance Amendment Zoning Map Update 2004 Page 2 of 2 rezonings are incorporated into the proposed map attached as Exhibit A (full size color map available at City Hall or at www.cityofeagan.com) and listed in Exhibit B. Administrative Changes: In April of 2004, the City Council approved a Preliminary Subdivision of approximately 11 acres corresponding to the acquisition of the Anderson parcel adjacent to Patrick Eagan Park. At that time, a 2-acre portion retained by the Andersons was rezoned from Agriculture to Estate. The remaining 9-acre outlot was to be incorporated into Patrick Eagan Park and should be rezoned to P-Park at this time. In May of 2003, the City of Eagan approved a Final Subdivison (Central Maintenance Addition) that incorporated 3.3 acres of acquired property from BCBSM into a new plat corresponding with the north water treatment expansion. Also, a Planned Development was approved for the BCBSM master plan and the first phase of the Terra Glen development. The subject parcel was not incorporated into the Planned Development and should reflect its intended use as a Public Facility. This proposed rezonings are listed in Exhibit C. Map Errors: The pazcel containing the auto mall and Mobile station on the southeast corner of Cliff Road and Rahncliff Road was inadvertently shown as PD-Planned Development on the last published Zoning Map. The property should be reflect to its proper zoning ofCSC-Community Shopping Center with the map update. This map error is listed in Exhibit D. MSP Noise Exposure Zones: On June 15, 2004 the Eagan City Council adopted the final form of the Comprehensive Plan; Aviation and Airports, Section 5. Policy No. 6 within the adopted Aviation and Airports section states that the City will designate the Metropolitan Council Noise Policy Contours (MSP Noise Exposure Zones) on its zoning and comprehensive guide plan maps to inform current and prospective property owners of the presence of potential noise impacts and the existence of regulations and performance standards in those areas. The Metropolitan Council noise zones currently in effect are shown on the proposed map. ACTION TO BE CONSIDERED To recommend approval of the City of Eagan, Minnesota Zoning Map for publication incorporating approved rezonings noted in Exhibit B, administrative changes noted in Exhibit C, map errors listed in Exhibit D, and MSP Noise Exposure Zones. /a~ ~ ;, ' ~r_ ~' ~, '~ ~_ ~ ~~ f T ri k1~ 5} ti- r y~ ..,t-.~., ... __ .. ~^ . _~; -: - -ter- . x ' ~ ~ >>' A4 ~y ~ "A ~ .~ ~ ~ -~ r,, r r ~ ~'"', ::,ypk ~ Valiery >=t ~ - - : Legend mnlny osegrtaesry Q EfYab RDRaarcn nd DevaloPmsra O R.1-RaitlenEY BInpN FamNy - __ BPbwirea Prk R-1SSmap lez Bin{Ile Famsy - 7 47-LMitsE InauabiY ~;~ R-2-RaidentlY Deu61a ~ P-PVk R-SAeNtleneY TEMareua S pF?ubk FaeBry ~~ ®R~-Ralae!mY uwnp. j PD-Plwwa D.veloPm.m i Q LB-linYlad euainaa O kp~y~e IaRYyraonwod tww,m TramlaonY - GB-GenarY Bwnaa OMar csccemmunRy snapprrp cn,tn ~ wnn CGD~CSdr Ciwa Distrkt O RipM Y Way 6Psld nreaa OMr ~iPrrl MeeeaMwY o..~B.a~,. ~E ~ ! . '. .C ~~ y _ a, ~~~ v ~~ b ~: r ii~r ~~ r~~. .. . - . --'^--~ -~ c . ~`~«~ ZONING MAP Ciry of Eagan, MN Zoning Map ~~ Approved by the Eagan City Council date Map publication date date Tne Zoning DesignYlEru oothis map are a representation of a ~.^binafor. of maps, orJrnancea, end Cey Code requiremer~la vRricn make uF tee complete Crty of Eagan Zoning Repulat:ons. Inlormatim or, each Banned Geve~opn:~ern ipD) s available at Cay Hall Nl Zurvrg requuemenls antl ZDninp desiOnalion6 on speciao progenies arE Subject to change for ;;gda . EIEO .. :: inE [ np o: Ewen '_ ;;np t:nr!inr. z; ;:'t'; F'SY',2l; w c,i.,xr ~.or t u..af rh s -. .!n~tr f , C :~r r... t ~uxn3 t e5 aad.,~.n.,rw... n. rw e a.r M ast e ~.,..~.,..e„ , . a ..`...r.~,. r e.au w..n.aw.lwarreu,an ~swrr eu.mrv w... i .,.. r e. u r. n r.. arrr..Y~cs.orw.r~ acne r..w.uw.~.n!r..s.ve+r.n ~wsBaOj' earrwwn.w oen2r we mrswru Tnerbry 6pe+n tDNR de e2. ~~ ~ ~b ~ ~ ~ ner. DOrpEgtn Wwwr a+s VYn ira Yo wirweh r iwerv wp ~e-A' Pr rw r 8aam > tl en Ceeon!ierrn err r epxYr Mre aa\ MBP WYSe PeseyArw rm.tus..r..zw tPS..e.rwl ~ MY.EWreiwi o L150 150E T ~ ~OOrWrtQnW.G twaa ffi) M W a i CarWr INrrerb 1W6 •'dN) e q~uw wi tY~ alCMwa Kbneal npea ErR7 r a •+ 1IOrBWrlYrernnmmoaevr re wv~Swa Map dafe: August l9, 2tNN ~Wr....~..^~T= _=' ~~ -_ ~.. _~...... _. ~= ~-`=-~ ^~`___ tom: tw.. ~..~r..m re y~ ..., u,..~-ro.T.r r.r...... rrnr.arr "~"EXHIBIT A~» -~~~.; City of Eagan, MN Exhibit B Zoning Map Update 2004 Approved Rezonings Between August 20, 2003 and August 17, 2004 Case No. Development Name/Applicant Rezoning Request Rezoned From. Rezoned To Approval Date 24-RZ-12-08-03 Eagan Grove Townhomes A Rezoning of approximately 2.5 acres from R-1 PD 10/21/2003 Erin Mathem R-1 to Planned Development. 36-RZ-14-09-03 Long Acres A Rezoning of approximately 30 acres from A R-1 2/17/2004 Kurt Manley Agricuture to R-1, Single Family. 27-RZ-15-12-03 Lexington Ridge A rezoning from R-1, Single Family Residential R-1 PD 3/16/2004 Ray Miller to PD, Planned Development. 22-RZ-01-02-04 Patrick Eagan Park Addition A rezoning of two acres from Agriculture to A E 4/7!2004 Robert McGillivary E-Estate. 10-RZ-04-03-04 Northwood Office Condos A Rezoning from LB-Limited Business to PD- LB PD 6115/2004 Korey Bannerman Planned Development. 17-RZ-10-05-04 Blue Cross Blue Shield A Rezoning from Limited Industrial to Planned I-1 PD 7!6/2004 Fred Atkinson Development. 22-RZ-03-03-04 Evergreen Enclave A Rezoning of approximately 7.7 acres from A R-1 7/6/2004 .Rich Ragatz A, Agriculture to R-1, Single Family Residential. 02-RZ-06-03-04 Grand Oak Five A Rezoning from Business Park to Planned Gregory S. Miller Development. /a.~ BP PD 8/2/2004 City of Eagan, MN Zoning Map Update 2004 Administrative Changes with Map Update Development Name/Applicant Rezoning Request Current Zoning Proposed Zoning Exhibit C Acres Patrick Eagan Park City of Eagan Maintenance Facility City of Eagan A Rezoning of approximately 2.5 acres from A P Agriculture to P-Park corresponding to Anderson parcel acquisition. Rezone approximately 3.3 acres from PD to PF as part of the City acquisition for expansion of the maintenance PD PF facility located west of Coachman Rd, south of Yankee Doodle Rd PID 100160003030 is ~ 3.4 City of Eagan, MN Zoning Map Update 2004 Corrective Map Errors DevelopmentlLocation Zoning Change Exhibit D Current Map Proposed Map Acres Auto MalUMobile station Property Current map indicates PD, map should show CSC PD CSC 2.1 SE corner of Cliff Rd and Rahncliff Rd ~z 5~ Agenda Information Memo September 21, 2004 Eagan City Council Meeting E. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To adopt an Ordinance Amendment deleting Chapter 11, Section 11.60, Subdivision 21, K, Nonconforming Buildings and Uses section from the CGD District and direct the City Attorney's office to publish the amendment in the legal newspaper. FACTS: - After discussing the inconsistency between the nonconforming standards at a City Council Workshop earlier this year, the Council decided the general nonconforming section in Chapter 11 should apply City-wide and directed staff to prepare an amendment to strike the Nonconforming Buildings and Uses section from the CGD District. - The purpose and intent of any nonconforming building/use provision is to ensure uniform use of land within established districts. Structures and uses that are not consistent with City Code requirements are intended to be eliminated over time, due to obsolescence, exhaustion or destruction. Also, nonconforming buildings/uses are generally prohibited from expanding. - The Advisory Planning Commission .held the Public Hearing and recommended approval of the amendment at their regular meeting on August 24, 2004. ISSUES: None ATTACHMENTS: (1) Minutes from the August 24, 2004 APC meeting on page 1~2 Staff background memo to the APC on pages ~~o through ~,~. /~ City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 12 F. ORDINANCE AMENDMENT -CITY OF EAGAN An Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.60, Subd. 21 to delete the nonconforming building and uses section specific to the CGD-Cedar Grove District zoning district. Chair Heyl abstained from voting on this item City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 19, 2004. He noted the background and history. Vice Chair Bendt opened the public hearing. There being no public comment, Vice Chair Bendt dosed the public hearing and turned the discussion back to the Commission. Member Hansen moved, Member Dugan seconded a motion to recommend approval of An Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.60, Subd. 21 to delete the nonconforming building and uses section specific to the CGD-Cedar Grove District zoning district. All voted in favor. Motion carried 6-0. Chair Heyl abstained from voting on this item. V. OTHER BUSINESS City Planner Ridley stated there will be an Advisory Planning Commission Workshop on September 9, 2004 at 5:30 p.m. 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 Hansen seconded a motion to adjourn the Advisory Planning Commission meeting at 8:10 p.m. All voted in favor. Motion carried 7-0. Respectfully Submitted by: /a ~ z , ~'~ city of eagan MEMO TO: Chair Heyl and Planning Commission Members FROM: Mike Ridley, City Planner DATE: August 19, 2004 SUBJECT: Ordinance Amendment -Nonconforming Use As some members of the APC may recall, the City Council adopted the Cedar Grove (CGD) Zoning District late in 2002. The CGD language included a Nonconforming Buildings and Uses provision (exhibit A) that was different than the Nonconforming Structures and Uses provision (exhibit B) that generally applies to all other districts. The purpose and intent of any nonconforming building/use provision is to ensure uniform use of land within established districts. Structures and uses that are not consistent with City Code requirements are intended to be eliminated over time, due to obsolescence, exhaustion or destruction. Also, nonconforming buildings/uses are generally prohibited from expanding. After discussing the inconsistency between the nonconforming standards a City Council Workshop earlier this year, the Council decided the general nonconforming section in Chapter 11 should apply City-wide and directed staff to prepare an amendment to that effect. The amendment before you will simply strike the Nonconforming Buildings and Uses section from the CGD District. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment striking Section 11.60, Subdivision 21, K, Nonconforming Buildings and Uses section from the CGD District. /0?8" K. Non-Conforming Buildings & Uses 1. Non-conforming buildings and sites can be maintained. Non-conforming buildings and sites that are damaged up to 50% (fifty percent) of their assessed value may be re-built. 2. Non-conforming principal and accessory buildings may be expanded up to, the lesser of, IO% (ten percent) of their floor area or assessed value, provided the expansion is consistent with the zoning that existed prior to the effective date of this ordinance. 3. Expansion of non-conforming principal and accessory buildings above, the lesser of, 10% (ten percent) of their floor area or assessed value, will be required to attain compliance with the provisions of this ordinance. 4. Rebuilding of sites or buildings damaged by more than, the lesser of, 50% (fifty percent) of their floor area or assessed value, reconstruction is not allowed un]ess the entire building and site is brought into compliance with this ordinance. 5. Non-conforming uses that have been discontinued for a period of one (I) year are not allowed to be re-established. 6. Non-conforming uses are not allowed to expand. 1. Cedar Grove Design Review. The Economic Development Conunis ~ , or a subcommittee of same, shall function as a Design Review Co ee for the Cedar Grove area. _,~ 2. All applications for development projects in ~e-~GD must first be submitted to the Design Review Committee, who.,~shall determine conformance of the proposed developments with the~,,irctent and requirements of this chapter. The Committee shall also revi~v and make recommendations to the Planning Commission and Cit~,-~uncil regarding land use and zoning applications in the CGD for those ~plicabons that aze required under this Title to have such review by the Planter ~g Commission or City Council. ~gc~ k City of Eagan Zoning Regulations page 95 /'1 q Subd. 9. Nonconforming Structwes and Uses. A. Policy. It is the policy of the City that nonconforming structures and nonconforming uses in time be eliminated due to obsolescence, exhaustion or destruction so as to insure a uniform use of and within the districts established within this chapter. B. Expansion of use. The expansion of an existing nonconforming use shall not be permitted, and no land shall be used by any person or in any manner which is not in conformity with this chapter. C. Alteration or enlargement of structure. Except as provided herein, no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this chapter. No structwe shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner upon any ]and upon which a nonconforming use is conducted. D. Maintencuzce and repair. Routine maintenance and repair may be made to a nonconforming structure or any structure upon land upon which a nonconforming use is conducted, provided the repairs are nonstructural in nature. Whenever a lawful non- conforming structure shall have been damaged by fire, flood, explosion, earthquake, tornado, war, riot, or act of God, it may be reconstructed and used as before if it is reconstructed within twelve (12) months after such event, unless the damage to the building or structure is fifty (50) percent or more of its fair market value as shown on the assessor's records at the time of damage in which case the whole thereof shall be for a use in accordance with the provisions of this Code. E. Abandonment. Any nonconforming structure or nonconforming use shall be deemed abandoned and thereafter shall be discontinued, when any nonconforming structure is not used or any nonconforming use is discontinued for a period greater than one (1) year for any reason. F. Variances. No provision hereunder shall preclude a request for a variance, as governed by this chapter, for the erection or reconstruction of a nonconforming structure. This provision does not apply to any nonconforming uses. G. Scope of application. The provisions of this subdivision shall apply to all existing nonconforming uses or structures under the provisions of the Code in effect prior to the effective date of Ordinance No. 189 (November 17, 1994), which amended this subdivision to read as provided herein. SXN~+QT $ City of Eagan Zoning Regulations /~ /~ page 26 Agenda Information Memo September 7, 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 25~h, a meeting was held. The group focused on the draft Maintenance Agreement and also discussed the timing and responsibility for other documents and agreements that will be necessary to complete this transaction. ATTACHMENTS: • Enclosed on page/s~ is a copy of the Caponi meeting notes from the meeting held on August 25, 2004. /.~/ Caponi Meeting August 25, 2004 Attendees: Mike Dougherty, Gene VanOverbeke, Al Singer, Ken Vraa, Bob McGillivray, Tony & Cheryl Caponi, Paul Olson Notes: • A first draft of a "Caponi Art Park Maintenance Agreement" as prepared by Caponi Attorney, Richard Schieffer, was reviewed and discussed. Comments will be submitted to Mr. Schieffer for inclusion in the next draft. • The status and content of the various documents and agreements involved in the process were reviewed. Maintenance Agreement Comments from the first draft will be forwarded to Mr. Schieffer for inclusion in the second draft. Completion is expected within the next several weeks. Art Park Business Plan The Caponi Art Park Board (CAP) completed a first draft, refinement continues. Operational Agreement (Use) Mr. Schieffer is in the process of preparing the first draft. Completion is expected within the next month, although the time will be influenced by the completion of other documents that are referenced and made a part thereof. Memo of Understanding (City & CAP) Mr. Schieffer and the City Attorney are reviewing and revising the first draft of document. A recently completed appraisal will be incorporated. Conservation Easements South 20 acres; The first draft is complete. The County will make revisions by 9/15 Centra120 acres; The County and CAP will work together to complete a draft by 9/30. Resource Management Plan Intended for the south 20 acre parcel only. The City, with input from the County, will prepare a draft of the plan using the Anderson parcel plan as the general template. It will be necessary to incorporate selected maintenance issues. To be completed by 10/15 • The DNR grant agreements will have language specific to allowable activities and maintenance practices which will become "deed restrictions" that the City, as the applicant, will be responsible for administering. • TPL has initiated the required survey for the purpose of parcel delineation and an environmental survey will also be completed. • Future meeting dates: 9/8 @ 9AM--Continuing review of agreements. 9/22 @ 9AM-Continuation of review and refinement. /3a Agenda Memo September 7, 2004 Special City Council Meeting Legislative/Intergovernmental Affairs Update A. APPROVE COMMENTS TO THE METROPOLITAN AIRPORTS COMMISSION ON THE PROPOSED PART 150 DOCUMENT DIRECTION TO BE CONSIDERED: • To approve comments to the Metropolitan Airports Commission on the proposed Part 150 Document BACKGROUND: • Over the past two years, the Metropolitan Airports Commission (MAC) has been preparing the Federal Part 150 document, which includes recommendations on the Noise Compatibility Program, draft 2007 noise contours, runway use preferences, and many other operational procedures at MSP. • The City has had significant dialogue with the MAC, particularly in regards to the proposed recommendation on the Sound Insulation Program. • As the Council will recall, a joint meeting of the City Council and ARC was held on July 13, 2004, at which time the two bodies unanimously agreed to send correspondence to the MAC to voice the City's frustration and disappointment with the recommendation to provide an air conditioning only package that requires eligible homeowners in the 60-64 DNL to pay a portion of the cost on a sliding scale. • The recommendation of the MAC would result in only 20% of eligible homes in Eagan receiving any mitigation. For those homes in the 60-64 DNL in Eagan that already have air conditioning (80% of the homes), they would receive no mitigation. • The enclosed letter summarizes the public policy positions taken made by the Council and the ARC. The letter also includes the recent recommendations of the ARC in regard to the proposed runway usage and the Eagan/Mendota Heights Corridor. • Historical references are also sited to demonstrate the MAC's past commitments for a comprehensive noise mitigation package out to the 60 DNL. • Per the recommendation of the ARC, the letter is proposed to be copied to Governor Pawlenty, Eagan's State Legislative delegation, and Eagan's Congressional delegation. • The public comment period on the Part 150 closes on September 14; thus, pending Council approval, the City of Eagan's comments will be sent to the MAC in advance of the deadline. • All written comments received by the MAC will be included with the final Part 150 document, which will be sent to the FAA for their consideration. The FAA has the final decision on approving or rejecting the MSP Part 150 Program. • The MAC is holding an open house/public hearing on the Part 150 document on September 7, 2004, which will be taking place simultaneously as the City Council meeting. Assistant to the City Administrator Miller and ARC Chair Thorkildson will both be in attendance at the public hearing, and will provide testimony based on the policy positions of the City Council. ATTACHMENTS: • Enclosed on pagesr,~ through /~is the proposed correspondence to the MAC with comments on the proposed Part 150 document. /.3-~ city of aagan PAT GEAGAN Manor September 7, 2004 Metropolitan Airport Commission PEGGY CARLSON Attn: Chad Legve, Manager Aviation Noise and Satellite Programs CYNDEE FIELDS 6040 28~' Avenue South Minneapolis, MN 55450 MIKE MAGUIRE MEG TILLEY Subject: Comments on the Proposed Draft Part 150 Document Council Members Dear Metropolitan Airports Commission: THOMAS HEDGES Thank you for the opportunity to comment on the proposed Draft Part 150 Document. The Ciry Administrator following comments have been recommended by the Eagan Airport Relations Commission, and were adopted by the Eagan City Council on September 7, 2004. Proposed Noise Compatibility Program Muniupal Center. Evidence of Past Commitments to Fully Mitigate to the 60 DNL 3830 Pilot Knob Road Eagan, MN 55122-1897 The City of Eagan has been and continues to be adamant in its disappointment and frustration with the recommendation made by the MAC on July 19, 2004 with regards to the sound Phonc: 651.675.5000 insulation program. The proposal is significantly less than what the City of Eagan was promised Fax: 651.675.5012 from an "aggressive noise mitigation" program as was required by the Legislature in their TDD: 651.454.8535 approval of the Du$1 Track legislation. In 1996, the City of Eagan supported the recommendation to keep MSP at its current location-a decision which resulted in a $2 billion savings to the MAC, compared to the relocation option. The City's decision to support the airport's current Maintenance Facility: location was conditioned upon the commitment made by the MAC and the State that homes in the 60-64 DNL would receive mitigation. 3501 Coachman Point Eagan, MN 55122 The current MAC recommendation is contrary to the Noise Mitigation Plan that was approved by the MAC on October 28, 1996 and was incorporated as a mitigation measure into the FEIS on the Phone:651.675.530D Dual Track Study. The Noise Mitigation Plan was further incorporated into the Record of Fax: 651.675.5360 Decision as a "critical element in the implementation of the 2010 plan" and is specifically a condition of approval. TDD: 651.454.8535 As the MAC is aware, the following language was contained in the Record of Decision: www.utyofeagan.wm "The approvals contained in this Record of Decision (ROD) are specifically conditioned upon ull implementation for the following measures (underlining added). These terms of approval will be included as special grant conditions in future Federal airport grants to the MAC: THE LONE OAK TREE The symbol of strength and growth in our community /~ City of Eagan's Comments on the MSP draft NCP and Noise Exposure Maps Page 2 The mitigation measures that will be implemented are those listed in the FEIS and in this ROD (Section V of the FEIS and Section VI of this ROD). These are hereby adopted in this ROD. The key measures are: • Implementation of measures regarding insulation, community stabilization, airport operations, and runway use, set out in the MSP Noise Mitigation Program. " Throughout the dialogue during the dual track process, it was clear that the then current sound insulation program (5 decibel reduction package) would be extended to the 60 DNL. In fact, the only time that a modified insulation program was discussed was at the October 28, 1996 MAC meeting when the MAC discussed further extending the insulation program to the 54 DNL. At the October meeting, the MAC took action to delete the following recommendation: "...that the Commission evaluate the airport noise environment 18 months prior to the estimated completion of the expanded 60-64 DNL program. If conditions warrant, a modified sound insulation package should be offered to eligible dwellings/buildings within the 54 DNL contour which achieves at least a 3-S db interior noise level reduction. " As can be deduced from the above action, it was clear that the action of the MAC was to extend the full mitigation program to the 60-64 DNL. As further evidence of the commitments made by the MAC, the City of Eagan cites the official FAA response to the City of Eagan's comments on the Dual Track FEIS in 1998. In response to the City's concerns with the noise mitigation activities associated with the airport's expansion, the FAA offered the following response in the ROD: The MAC has committed to expand the residential sound insulation program to incorporate the area encompassed by the 2005 DNL 60 noise contour as recommended by the MSP Noise Mitigation Committee...Eligibility is generally limited to the DNL 65+ noise contour, but can be extended to include the DNL 60 contour through a Part ISO study if determined to be appropriate by local authorities in response to locally determined needs and values. The MSP Noise Mitigation Committee considered mitigation to DNL 50 but determined that mitigation to the DNL 60 was the preferred solution for the communities impacted by noise generated at MSP. It is clear both in the record of MAC meetings and in the ROD for the airport expansion that the MAC clearly committed to expanding the full sound insulation program to the 60 DNL. Thus, the mitigation package currently being recommended by the MAC blatantly disregards the intent of the program, as set forth by the MAC and by the FAA in their ROD. Further evidence of the commitment to mitigate out to the 60 DNL is demonstrated in the attached chronology of actions from 1972-2002 with regards to noise mitigation. As a closing point, it should be noted that the final motion taken by the MAC on October 28, 1996 was to commend Commission Cramer, the MSP Noise Mitigation Committee and staff for its work in developing the mitigation recommendation; and furthermore, that the [MSP Noise /3s City of Eagan's Comments on the MSP draft NCP and Noise Exposure Maps Page 3 Mitigation] Committee was successful in its commitment to comply with the legislative mandate as well as to balance the communities needs. The position of the MAC in 1996 and the 1998 ROD aze consistent in stating that the noise mitigation program will be extended to the 60 DNL. The extension of the insulation program was also a compromise reached by MSP, affected communities, and airline representatives during the dual track process. The current MAC recommendation goes against the action taken by the MAC in 1996, contradicts the representations regazding mitigation set forth in the ROD, and disregards the compromise made with the communities that supported the expansion of the airport at its current location. For all of theses reasons, the current recommendation should not be approved. Funding Commitments The Noise Mitigation Program, which was adopted by the MAC in 1996, specifically states, "...In no case should unreimbursed fmancial impacts fall on residents or their local governments." Under the MAC recommendation, residents eligible for mitigation are forced to pay a portion of the mitigation costs (up to 50 percent), which clearly contradicts the policy adopted by the MAC in October of 1996. The recommendation includes direction to MAC staff to "investigate the possibility" of a loan program to assist homeowners with the co-payment responsibilities. It is the City's strong assertion that if the MAC is going to financially burden residents that are adversely affected by aircraft noise, despite past commitments that no financial burden would fall on the residents, then the MAC should make all possible efforts to provide financial assistance (e.g. low interest loans) to program participants. In addition to the cost sharing requirement, the current recommendation states that if homeowners are unable to provide the monetary contribution at the time the mitigation is offered, they are not permitted to re-enter the program. In past practice, particularly in cases where a resident may have an extraordinary circumstance that makes the mitigation untimely (e.g. serious health concern), the MAC has allowed a resident to "move to the end of the line" in order that they could be eligible for the mitigation at a future date. As a result of the scaled back mitigation program being recommended, the funding to provide mitigation falls significantly short of the committed allocation of the MAC in 2002. On March 13, 2002, Commissioner McKasy represented. the MAC in a presentation to the Metropolitan Council, at which he affirmed the MAC's commitment to spend $150 million in the 60-64 DNL azea. Consequently, the MAC Capital Improvement Plan was approved by the Metropolitan Council contingent upon this commitment. To recommend an allocation of only $30 million towards noise mitigation is unacceptable. There has been significant discussion regarding the funding mechanisms for the sound insulation program. The Noise Mitigation Program and especially the Sound Insulation Program is not funded through airline rates and charges. Historically, the program has been funded through Passenger Facility Charges (PFC) and Airport Improvement Program (AIl') funding. Recognizing that AIP funding beyond 65 DNL is prohibited through 2007, it is likely that this 136 City of Eagan's Comments on the MSP draft NCP and Noise Exposure Maps Page 4 program will largely be funded through PFC funds. The MAC should adhere to its $150 million commitment by funding the full sound insulation program out to the 60 DNL, using PFC or other airport revenues as the funding sources. In exibility ofthe Recommendation By providing a mitigation package that consists only of air conditioning, there is the obvious point that homes that already have air conditioning are receiving no mitigation. Thus, homeowners are not being treated equitably. In the case of Eagan, there are a total of 492 homes that are eligible for mitigation. Of those homes, there are only 101 homes that do not have air conditioning. In other words, only 20% of the eligible homes in Eagan would be able to receive any mitigation under this recommendation. It is the position of the Eagan City Council that the MAC should offer substantial mitigation options to all homes in the 60-64 DNL. If a home already has central air conditioning, then options such as window and door treatments, acoustic storm doors and windows, and wall and attic insulation should be available as mitigation alternatives. In essence, there should bean "either/or" clause that includes central air conditioning as one of many mitigation options that should be available. It is inequitable to only provide mitigation to 20% of Eagan residents living within the 60-64 DNL, all of whom have been told since 1996 that they will be eligible for mitigation. Conclusive Comments to the NCP Recommendation The Part 150 Program is intended to be a cooperative program, yet every affected community, including the City of Eagan, is opposed to the current recommendation of the MAC. No community was consulted in developing the proposal. Moreover, both noise advisory committees to the MAC during this Part 150 update (MASAC and NOC) recommended far more meaningful sound insulation measures, which were formulated at the request of the MAC. Air conditioning, alone, can not be considered a "sound insulation" measure. While this Part 150 update may be complying with the procedural requirements, it by no means is following the intent and spirit of meaningful cooperation with affected communities. It also does not comply with the legally binding conditions established for this project by the Record of Decision. Runway Use Proiections The City of Eagan recognizes that the forecasted 2007 annual average runway use will substantially change when the north-south runway becomes operational. Since the City of Eagan will experience significantly more overhead aircraft noise when the new runway opens, it is the request of the City that runway use continue to be closely monitored. According to the proposed 2007 noise contour maps, the City of Eagan will not be eligible for any additional noise mitigation relief as a result of the new runway, despite the fact that the runway is anticipated to be used for 37% of the departures and 17% of arrivals, thus increasing airport capacity by 25%. If it is found that the actual runway use percentages are not consistent with the forecast when the new runway becomes operational, then the City will expect the MAC to redraw the contours to accurately reflect the noise impact on Eagan's residents. /3~ City of Eagan's Comments on the MSP draft NCP and Noise Exposure Maps Page 5 Eagan/Mendota Heights Corridor The City of Eagan has a long standing policy of supporting operational procedures on the parallel runways that protect the integrity of the Eagan-Mendota Heights Corridor. For its part, the City of Eagan has made it a policy to guide and plan the development of the northern part of the City to the maximum extent possible to be consistent with these procedures and their noise impacts. While the City continues to monitor compliance with the corridor and believes that it remains essential for the MAC and FAA to take the steps necessary to insure that flight operations comply with it - including a commitment to a goal of 100% adherence to the extended runway centerline as the south boundary of the operational corridor -the City reiterates its support for the procedures themselves and appreciates MAC's commitment to the Corridor procedures as an integral part of its noise abatement strategy. Thank you for the opportunity to comment on the proposed Draft Part 150 Document. If you have any questions, please feel free to contact me. Si rely, 1 Thomas L. Hedges City Administrator cc: Assistant to the City Administrator Miller Eagan City Council Eagan Airport Relations Commission Senator Mark Dayton Senator Norm Coleman Representative Kline Governor Tim Pawlenty Eagan's State Legislative Delegation /3Fl NOISE MITIGATION History of Actions 1972-MSP is identified as a noise sensitive airport by the Airline Pilots Association (ALPA) along with several airports in the nation. 1987-Aircraft Noise Research Project produced by MAC and City of Minneapolis - pilot noise attenuation study of homes recognized that average noise attenuation of homes in Minnesota was approximately 29dBA with typical construction. It also recognized that residents were bothered more by peak noise events rather than the average noise levels. 1992-The current sound insulation program is initiated in 1996 noise impacted areas greater than 65DNL. 1996-The Dual Track airport study is ended by the State Legislature. NWA is opposed to a new airport site. MSP is selected by the Legislature based on MAC and Metropolitan Council recommendations to expand at the present site. 3/18/96-MAC authorized staff, with the involvement of affected communities, to develop a comprehensive mitigation plan and program for areas affected by airport operations within 180 days after a recommendation regarding future airport development is submitted to the Legislature. 4/96-Legislative action required MAC to report recommendations to the State Advisory Council on Metropolitan Airport Planning on the proposed mitigation activities and appropriate funding levels for mitigation activities to the 60 DNL level. Laws of MN '96-Chapter 464-Metropolitan Council is to work with MAC and affected communities to develop a comprehensive mitigation plan BBN Systems and Technologies is hired to conduct an extensive community survey for MSP Noise Mitigation Survey Group, MAC, Metropolitan Council, and affected cities. 8/96-Study results released in Social Survey of Community Preferences for Aircraft Noise Mitigation Measures. Among the study findings were: • Hearing fewer aircraft per day was the most favored (94%) noise mitigation measure of respondents (2880 telephone surveys completed), followed by times of day when no overflights would occur (74%), and the third most favored abatement strategy was the acoustical treatment of homes (56%). • The prevalence of high annoyance due to aircraft noise is somewhat greater than that predicted by FICON, especially in areas with the lowest annual aircraft noise /a9 levels. • Minneapolis East interview area showed 22.3% of respondents were highly annoyed in 60-65 Ldn area vs. 41% in 65-70 noise area. Minneapolis West area showed 31% highly annoyed in 60-65 zone vs. 37% in 65-70 zone. Noise Mitigation Committee develops recommendations based on four general areas; 1) sound insulation, 2) community stabilization, 3) operating procedures, and 4) runway use 10/28/96-MAC deliberates and unanimously approves the Noise Mitigation Report recommendations of the Committee -Noise Mitigation Report identifies what the existing sound insulation entails in terms of program elements -Recommends expansion of the sound insulation program to the 2005 60DNL contour -Commissioner Rehkamp, seconded by Commission Gasper moves to delete recommendation #8, "that the Commission evaluate the airport noise environment 18 months prior to the estimated completion of the expanded 60-64 DNL program. If conditions warrant, a modified sound insulation package should be offered to eligible dwellings/buildings within the 54 DNL contour which achieves at least a 3-5 db interior noise level reduction." * Motion passed. *(The Noise Mitigation Report and minutes of the committee address a modified or reduced program or a lesser 3-Sdb noise level reduction beyond 60 DNL, not between 60- 65 DNL.) 12/96-MAC presents recommendations of MSP Noise Mitigation Report dated 11/96 to the Advisory Council on Metropolitan Airport Planning. 2/10/97-The Advisory Council submits its findings to the Legislature in a one page letter stating, "The Advisory Council, pursuant to the Legislature's direction to review the recommendation and comment to the Legislature, met, reviewed the recommendation, and concurs with the Commission's recommendation." 1/98-The Community Stabilization Working Group presents its findings to MAC in the Community Stabilization Plan. Under the "Status of Residential Sound Insulation Program", the Plan indicates: "Subsequent to treatment of homes in the 65 DNL zone, the program will extend into the Year 2005 60-65 DNL zone. A total of 6, 484 homes are proposed for treatment in the period 2003-2011, at a cost of $25.7 million annually through 2011, and a total cost of $181.7 million. " (This figure is based on a similar per unit cost as the homes in the 65DNL zone indicating like treatment was presumed.) 5/6/98-FAA completes FEIS on the MSP 2010 Plan /5~0 10/26/98-MAC News Release- MAC Statement on Environmental Quality Board Delay of EIS Adequacy for MSP Development, which states: "MAC has committed to provide residential sound insulation within the DNL 60, 65, and 70 noise contours. The mitigation commitments go beyond those required by the current noise compatibility guidelines and policies of the FAA and Metropolitan Council." 11/16/98-MAC News Release-Richfield's Tactics Threaten Needed Airport Improvements and Economic Development for Region "MAC demands an apology from the Richfield City Manager Jim Prosser, Mayor Martin Kirsch and Council Member Kristal Stokes for accusing the MAC of `hiding documents, lying and stretching ethics." "The real issue is that the City of Richfield has twice reneged on proposals agreed, to by Richfield's Mayor and a City Council Member, the MAC, and the Metropolitan Council to mitigate noise as a result of the new runway. MAC has negotiated with Richfield in good faith but no longer believes Richfield is meeting in good faith with us. Therefore, we expect to have to defend the MSP 2010 plan in court and look forward to deposing under oath the City of Richfield officials who have gone back on their word in agreements with MAC". (bold emphasis added) "MAC has committed to provide residential sound insulation out to the DNL 60 noise contour. The mitigation commitments go beyond those required by the current noise compatibility guidelines and policies of the FAA and Metropolitan Council." 2/99-MAC begins work on the Part 150 update 1999-Governor's Airport Community Stabilization Funding Taskforce Report submitted to Legislature on 1/1S/00. One of the 13 principal findings of the Taskforce was, "The MAC is committed to spending $139.5 million through the year 2006 on a program to mitigate noise between the 60-65 DNL contour provided it is approved by the FAA. Based on MAC policy, additional funding is to be provided annually in its CIP (which currently extends to 2006) until mitigation between the 60- 65 DNL is complete." 1999--Current airport operating agreements are negotiated with $70 million from the runway cost center to be applied to a $150 million MAC program for the expanded noise mitigation program. 4/2000-MAC begins discussion of a modified sound insulation packages in 60-64 DNL area with MASAC 12/2000-Northwest strongly announces its intent to fight extending noise insulation programs to the 60DNL and any expenditures for low frequency noise mitigation. ~~f/ 11/2001-MSP 14 CFR Part 1 SO Update. Section 2.2.1 "For this Part 1 S0, DNL equal to and greater than 60 dB were used for assessing community noise impact. This Part 1 SD Update considers a standard of 60 dB for eligibility for the MAC Sound Insulation Program for the following reasons: The 1996 MSP Noise Mitigation Committee recommended that sound insulation should be provided to residents within the 60dB DNL contour. Minnesota legislation dealing with the Dual Track Planning Process Environmental Impact Statement required MAC to make a recommendation to the State Advisory Council on Metropolitan Airport Planning. The legislation stated that "the recommendation shall examine mitigation measures to the 60 Ldn level. " Therefore, the State of Minnesota Advisory Council on Metropolitan Airport Planning, pursuant to the Legislature 's direction to review the recommendation and comment to the Legislature, reviewed the recommendation and concurred with the Commission's recommendation. Metropolitan Council Land Use Policy guidance indicates that residential land use within the 60 dB DNL contour is inconsistent without sound attenuation. " Metropolitan Council Involvement/Policy Pre-1996-The Metropolitan Council is a participating entity of the dual track study and recommends expanding at the current site to the Legislature. Metropolitan Council is a member of the Noise Mitigation Committee approving the recommendations in the MSP Noise Mitigation Report. 1996-Metropolitan Council' Regional Policy Plan identifies residential development as a conditionally approved use in 60 DNL azeas. 1999-Amended APP identifies Noise Exposure Zone 4 (60-65DNL) as a conditional use for residential development including infill and additions. 3/13/02-Metropolitan Council approves the MAC 2002 CIl' contingent on the condition that the MAC reaffirms its previous $150 million dollar commitment to the noise mitigation program in the 60-64 DNL impacted areas. i~a