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01/04/2005 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JANUARY 4, 2005 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE IT. OATHS OF OFFICE - COUNCILMEMBERS TILLEY AND FIELDS III. ADOPT AGENDA IV. RECOGNITIONS AND PRESENTATIONS V. CONSENT AGENDA A. APPROVE MINUTES 1(;I B. PERSONNEL ITEMS /3C. CHECK REGISTERS D. AMEND Police Contractual Security Rate in the 2005 Fee Schedule E. APPROVE Multi-City Joint Powers Agreement (JPA) - Street Maintenance Materials po~_<1G. F. RECEIVE Petition and Authorize Feasibility Report, Denmark Avenue Sidewalk ii APPROVE Project 911 and Schedule Public Hearing (Berkshire Ponds area - Street Rehab) H. APPROVE Traffic Signal Agreement with Dakota County Transportation Department (Lone Oak Road & Neil Armstrong Boulevard) N~'I. RECEIVE Petition and Schedule Public Hearing for Easement Vacation (McCarthy Ridge / Oslund - Timberline +J~ Addition) 8 J. APPROVE Final Payment for Contract 03-08, Thresher Fields Site Development K. RECEIVE Feasibility Report and Authorize Public Hearing for Project 918 (Pilot Knob Road, Central Parkway to Lone Oak Road - Street & Signal Improvements) L. APPROVE the 2005 Renewal of a Limited Janitorial Contract with Lifeworks, Inc. M. APPROVE the 2005 Renewal of the Heart Healthy Living Program Agreement for Eagan Community Center N. APPROVE Plans and Specifications and Authorize Advertisement for Bids for Cascade Bay Pool Repairs 0. ACCEPTANCE of $875 Sam's Club Grant to Purchase Equipment p3~P. ACCEPTANCE of American Heart Association Grant to purchase two defibrillators, one for Police Department and one for Fire Department. P0Q. APPROVE Agreement for Medical Direction Between HealthEast Transportation, Inc. and the City of Eagan .Ur. SCHEDULE Special City Council meetings for January 11, 21, 22 and 25, 2005 VI. PUBLIC HEARINGS pq?A. VARIANCE - David and Lisa Zoe - A one percent variance to the 20 percent building coverage maximum for a covered porch addition for Lot 9, Block 1, Walden Heights 2"d Addition, located at 1480 Pinetree Pass in the SE'/, of Section 33. VII. OLD BUSINESS A. REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT - Pearlmont Heights, LLC. - A rezoning from R-2, Residential Double to PD, Planned Development, Preliminary Subdivision (Pearlmont Heights) of 12.44 acres to create 51 lots, Preliminary Planned Development to create 24 twin homes for properties located at 1565 and 1535 Violet Lane in the NE of Section 16. 105B. STEEPLECHASE OF EAGAN ENVIRONMENTAL ASSESSMENT WORKSHEET - Negative declaration on the need for an Environmental Impact Statement. VVVV OC. REZONING, PRELIMINARY SUBDIVISION AND VARIANCE, PRELIMINARY PLANNED DEVELOPMENT, P WETLAND REPLACEMENT PLAN - Toll Brothers - A rezoning of 37 acres for A, Agriculture to PD, Planned Development; Preliminary Planned Development to create 36 single family units, and 73 townhouse units (109 units); Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1,500 foot Variance to the cul-de-sac length; and Wetland Replacement Plan for wetland impacts, for the property located at 4889 Pilot Knob Road in the SE of Section 33. VIII. NEW BUSINESS F19FA. PLANNED DEVELOPMENT AMENDMENT - Sam's Club - A Planned Development Amendment to allow motor c fuel sales at Sam's Club, 3035 Denmark Avenue in the NE '/a of Section 10. PLANNED DEVELOPMENT AMENDMENT - Eagandale Business Center, LLC. A Planned Development Amendment to allow a 20 unit, four building town office condominium park on Lot 2, Block 1, Eagandale Office Park 5'' Addition, located at 1345 Corporate Center Curve in the NW of Section 3. C. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" Section 11.60, Subd. 18, PD Planned Development District. 91'IX. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE ,a !i~' NEW RUNWAY/AIRPORT UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA ~r ECONOMIC DEVELOPMENT AUTHORITY * The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZE staff to enter into negotiations for potential acquisition of former Baskin Robins property (John Bunkers), 3989 Cedarvale Boulevard. F. OTHER BUSINESS 1. Organizational 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. Ciety of EaRan To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: DECEMBER 29, 2004 Subject: AGENDA INFORMATION FOR JANUARY 4, 2005 CITY COUNCIL MEETING ADOPT' AGENDA After approval is given to the January 5, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo January 5, 2005 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 December 13, 2004 regular City Council meeting and the December 13, 2004 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the December 13, 2004 regular City Council meeting are enclosed on pages 3 through /0. • Minutes of the December 13, 2004 special City Council meeting are enclosed on pages MINUTES OF A REGULAR MEETING OF THE f'~~ EAGAN CITY COUNCIL J;' 1*1 Eagan, Minnesota I f December 13, 2004 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. The owners of Peanuts Dog Day Care informed the Council that they were in the process of applying for a Planned Development Amendment to enable them to board animals overnight. A regular meeting of the Eagan City Council was held on December 13, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS DONATION OF ARTWORK FOR THE EAGAN COMMUNITY CENTER DAKOTA COUNTY TECHNICAL INSTITUTE Sandy Breuer, Community Center Director introduced Connie Larson, instructor at Dakota County and Katherine Sheppard, student discussed the artwork to be donated to the Community Center. CONSENT AGENDA Mayor Geagan pulled the personnel items for discussion of item I. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the December 6, 2004 regular City Council meeting and the November 9, 2004 special City Council meeting as presented. B. Personnel Items. Pulled for discussion - item 1. APPROVED: Maguire - Fields I . It was recommended to accept the resignation of Larry Cudo, Utility Maintenance Worker, who is retiring after almost 30 years of employment with the City of Eagan. 2. It was recommended to approve the hiring of Jane Hovind as a full-time Clerical Technician III in the Community Development Department. 3. It was recommended to approve the hiring of a person to be named as the full-time Planning Aide. 4. It was recommended to approve the hiring of a person to be named as the full-time Fitness coordinator at the Eagan Community Center 5. It was recommended to approved the promotion of Police Sergeant Duane Pike to the position of Lieutenant. 6. It was recommended to approve the promotion of Police Officer Nathan Tennessen to the position of Sergeant. 7. It was recommended to approve the following: A. For regular non-collective bargaining employees, a compensation rate increase of 3% across the board effective the payroll period closest to January 1, 2005, with the exception of the City Administrator whose compensation rate will not increase. B. Compensation rates for temporary/seasonal/recurring non-collective bargaining employees may be increased from 0% to a maximum of 3%. C. Car expense allowances for the City Administrator and Department Heads will be increased by 3%. 3 Eagan City Council Meeting Minutes L)R December 13, 2004 /y T Page 2 D. Mileage will be set at the IRS rate (the 2005 rate is currently 41.5¢ a mile). If the IRS increases or decreases this amount, the City's amount will automatically adjust to the new rate. E. The City's contribution for family health insurance premiums will increase by half the total dollar increase to the balanced rate for 2005. F. Adjustments will be made to reduce the 2004 car allowance for the City Administrator by 22.4% and to increase 2004 vacation accrual by 1.45%. The City Administrator would be allowed to exchange the additional vacation accrual for cash payment. G. 2005 vacation accrual for the City Administrator will be increased by 3%. The City Administrator would be allowed to exchange the additional vacation for cash payment. 8. It was recommended to approve the hiring of Tyler Barthelemy, Erick Bertelsen, Kevin Blake Steven Bringgold, Jake Carleen, Jackie Carlson, Geoff Cleveland, Kelly Colbert, Nick Durand, Lucas Eggum, Michael Eilers, Luke Garrison, Kristin Giles, Wayne Gray, Jesse Guillette, Michelle Hanninen, Eric Holmay, Mike Kabakov, Alyssa Kane, Susan Kennon, Richard LeMay, Doug Lindow, Pat Lipinski, Kyle Manikowski, Mike Mason, Ryan Moy, Daniel Myers, Alyssa Myhre, Kelli Schlittler, Renee Schlittler, Mindy Sinclair, Brennan Squires, Dylan Squires, Matt Steele, Kevin Stevenson, Jessye Stock, Aaron Strey, Jeff Swenson, John Swenson, John Tatera, Ross Tervola, Matthew Thuente, Laura Wagner, Allen Wachter, Stephanie Westerlund, Jessica Wikstrom, Megan Williams and Kelli Wood as part-time seasonal winter recreation leaders. 9. It was recommended to approve the hiring of Maggie Elliott and Katie Gerloff as part-time seasonal winter recreation leaders/site coordinators. 10. It was recommended to approve the hiring of Meghan Chappuis as a part-time seasonal recreation program assistant. C. Check Registers. It was recommended to ratify the check register dated December 9, 2004 as presented. D. CDBG. It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2005 to the Dakota County Community Development Agency. E. Amendment to Minutes. It was recommended to approve an amendment to the November 16, 2004 Council minutes regarding a request by the Eagan Rotary Club. F. Donation. It was recommended to accept the donation of a tractor on behalf of the Friends of the Farm for use at Holz Farm for special events. G. Waiving of Platting Fees. It was recommended to waive the platting fees for the Caponi Art Park as requested by the Trust for Public Land. H. Final Subdivision. It was recommended to approve a Final Subdivision to create 2 lots with 24 townhouse units (Terra Glen 3rd Addition) on property east of Blue Cross Blue Shield, South of Yankee Doodle Road west of the City of Eagan Maintenance Facility and north of Terra Glenn Addition in the NW of Section 16. 1. Communi Transportation Trail System Policy. It was recommended to approve the Community Transportation trail System Policy for staff implementation. J. Contract 04-10. It was recommended to approve the Plans and Specifications for Contract 04-10 (North Water Treatment Plant - Landscaping) and authorize the solicitation for a competitive bid opening at 11 a.m., January 13, 2005. K. 2005 Consulting Engineering Rates. It was recommended to approve an amendment to the Fee Schedule Appendix for the current consulting engineering contracts for services to be provided in 2005. L. Contract 03-12. It was recommended to approve the final payment for Contract 03-12 (Trunk Highway 13 and Silver Bell Road - Intersection Improvements) in the amount of $94,212.34 to Eureka Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Project 917. It was recommended to receive the Draft Feasibility Report for Project 917 (Coachman Road - Street Improvements) and schedule a public hearing to be held on January 18, 2005. N. 2005 Enterprise Fund Budgets. It was recommended to approve the proposed 2005 budgets for the four Enterprise Funds: Public Utilities (Water, Sanitary Sewer, Streetlighting, Storm Drainage, and Water Quality), Civic Arena, Aquatic Facility (Cascade Bay), and Community Center. 0. 2005 Special Revenue Funds Budgets. It was recommended to approve 2005 Special Fund Budgets, including the Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, Economic Recovery Grant Fund, and Cable TV Franchise Fees Fund. / Eagan City Council Meeting Minutes OP 4 December 13, 2004 /7 f Page 3 P. 2005 Burnsville / Eagan Telecommunications Commission and Burnsville/Eagan Community Televisions Budgets. It was recommended to approve the proposed 2005 budgets for Burnsville / Eagan Telecommunications Commission and Burnsville / Eagan Community Television. Q. Contract 04-13. It was recommended to receive the bids and award Contract 04-13 (Water Treatment Plant Expansion - FF&E) to INTEREUM Inc. in the amount of $83,813.69 and authorize the Mayor and City Clerk to execute all related documents. R. Contract 04-05. It was recommended to approve the plans and specifications for Contract 04-05 (Well #20 - Pumping Equipment) and authorize the advertisement for a bid opening to be held on January 13, 2005. PUBLIC HEARINGS 2004 (PAYABLE 2005) PROPERTY TAX LEVY City Administrator Hedges discussed this item regarding the_proposed 2004 property tax levy. He stated that a Truth-in-Taxation public hearing had been held on December 6 and no changes have been made since that meeting. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the proposed 2004 (payable 2005) property tax levy as follows: Aye: 5 Nay: 0 General Revenue: General Fund $ 17,168,300 Equipment Revolving Fund 821,261 Gen Facilities R/R Fund 121,551 Major Street Fund 1,131,802 Market Value Homestead Cr. 1,300,000 Subtotal General Revenue 20,542,914 Debt service: Community Center bonds 1,204,823 Total City-wide Levy $ 21,747,737 Cedarvale Special Services Dist. 2,000 PROPOSED GENERAL FUND BUDGET City Administrator Hedges discussed this item regarding the proposed general fund budget. He noted that a Truth- in-Taxation public hearing had been held on December 6, 2004. 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 the proposed 2005 General Fund budget. Aye: 5 Nay: 0 PROPOSED 2005 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET City Administrator Hedges discussed this item regarding the Cedarvale Special Services District Fund Budget. He noted that a Truth-in-Taxation public hearing had been held on December 6, 2005. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. S Eagan City Council Meeting Minutes December 13, 2004 Page 4 DA)'A f°- Councilmember Fields moved, Councilmember Geagan seconded a motion to approve the proposed 2005 Cedarvale Special Services District. Aye: 5 Nay: 0 PROJECT 915, RIDGECLIFF / PARK RIDGE / BERKSHIRE PONDS ADDITIONS / GALAXIE AVENUE / COVINGTON LANE - STREET OVERLAY City Administrator Hedges introduced this item regarding the street overlay project for RidgeCliffe / Park Ridge / Berkshire Ponds Additions / Galaxie Avenue and Covington Lane. Assistant City Engineer Gorder 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 Fields moved, Councilmember Tilley seconded a motion to approve Project 915 (Ridgecliff / Park Ridge / Berkshire Ponds Additions / Galaxie Avenue / Covington Lane - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 878, CINNAMON RIDGE ADDITIONS - STREET OVERLAY City Administrator Hedges introduced this item regarding the street overlay for Cinnamon Ridge Additions. Assistant City Engineer Gorder 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 Carlson seconded a motion to approve Project 878 (Cinnamon Ridge Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS 2005 FEE SCHEDULE City Administrator Hedges discussed the proposed 2005 Fee Schedule. Chief Financial Officer Tom Pepper answered questions of the Council regarding various items in the Fee Schedule. Parks and Recreation Office Supervisor Cherryl Mesko discussed water quality dedication fees. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution approving the 2005 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (PEARLMONT HEIGHTS) TIM BOHLMAN City Administrator Hedges introduced this item regarding a request for a rezoning of 12.44 acres from R-2 residential double to PD, Planned Development, a Preliminary Subdivision (Pearlmont Heights) of 12.44 acres to create 51 lots, and a Planned Development to create 24 twinhomes with reduced setbacks for property located at 1565 and 1535 Violet Lane. He noted that this item had been continued from the November 16, 2004 City Council meeting to allow the developer the opportunity to address concerns about design, setbacks and lot coverage. City Planner Ridley discussed the revised site plan. Tim Bohlman, applicant, reviewed the proposed plan and answered questions of the Council. Discussion was held regarding the 20% lot coverage, private street vs. public street, the size of driveways on the lots that would have side loading garages, setbacks, and access to the park. Councilmembers agreed they preferred the proposed private street be public. The applicant was asked to submit revised plans at the January 4, 2005 Council meeting. it( Eagan City Council Meeting Minutes December 13, 2004 1 r Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Rezoning, a Preliminary Subdivision and a Planned Development for property located at 1565 and 1535 Violet Lane in the NE of Section 16 to the January 4, 2005 Council meeting. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT - CEDARSTONE DEVELOPMENT Councilmember Tilley was not present for this item. City Administrator Hedges introduced this item regarding the rezoning of 5 acres from Agriculture to PD, Planned Development, Preliminary Subdivision, and Preliminary Planned Development for property located at 1055 Wescott Road. He noted that at the November 4, 2004 Council meeting the applicant was directed to work with the property to the east on a shared access and comprehensive plan for the two parcels. City Planner Ridley discussed the revised access plans. Peter Coyle, representing Cedarstone Development, LLC discussed the proposed plan and was available to answer questions of the Council. Four residents spoke in opposition to the proposed development. They expressed concern regarding incompatibility with the neighborhood, loss of trees, close proximity of the proposed twinhomes to their homes. There were requests, should the development be approved, for additional landscaping and buffering. Councilmembers held a discussion which included the proposed private streets on the north and south, widths of private streets, the inadequate turnaround, setback deviations, the number of units proposed for the site, the possible combination of single family and twin homes. Peter Coyle stated the proposed plan meets the comprehensive plan for the area. He stated he felt the revised plans reflected the feedback from the previous Council meeting. He went on to state that the applicant wishes to withdraw the application for rezoning, preliminary subdivision, and preliminary planned development. Council acknowledged the withdrawal of the application. REZONING - ROBERT MCDONALD City Administrator Hedges discussed this item regarding a rezoning of five acres from Agriculture to R-1, Single Family Residential District for property located at 1085 Wescott Road. A letter had been received from Michael Faulk, McDonald Construction stating that at the meeting, McDonald Construction would be withdrawing the application for the Rezoning to R-1 and announce their intention to work with Cedarstone in a new application for a R-2 planned development. City Attorney Dougherty stated that Mr. Faulk, on behalf of McDonald Construction, could not withdraw the rezoning application, as the actual property owner and original applicant is Robert McDonald. Mr. McDonald was not present at the meeting. Councilmember Fields moved, Councilmember Geagan seconded a motion to adopt findings of fact for denial of a Rezoning of five acres from Agriculture to R-1, Single Family Residential District for property located at 1085 Wescott Road. Aye: 4 Nay: 0 CONTRACT 05-03, WELL #21 City Administrator Hedges discussed this item regarding plans and specifications for Well #21 - Drilling and pumping equipment. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the plans and specifications for Contract 05-03 (Well 421 - Drilling and Pumping Equipment) and authorize the advertisement for a bid opening to be held on January 13, 2005. Aye: 5 Nay: 0 12 Eagan City Council Meeting Minutes December 13, 2004 Page 6 ~ w T NEW BUSINESS PRELIMINARY SUBDIVISION (AWAD ADDITION) - ALLI AWAD City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Awad Addition) of 2.9 acres to create 2 lots, and a Variance to public street frontage for property located at 2150 James Street. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Geagan seconded a motion to approve a Preliminary Subdivision (Awad Addition) of 2.9 acres to create 2 lots, and a Variance to public street frontage for property located at 2150 James Street in the SE 1/4 of Section 31, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. A cash dedication for park and trails is required for both lots. 3. Private utility service easements across Lot 2, in form acceptable to the City Attorney, shall be dedicated to cover these utility services. 4. Private access easement across Lot 2, in form acceptable to the City Attorney, shall be dedicated to cover the existing driveway serving Lot 1. 5. This proposal shall be responsible for an individual lot Tree Preservation Plan at the time of building permit application for Lot 2. PRELIMINARY SUBDIVISION (SWEET PLACE) EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a Rezoning from A, Agriculture to R-1, Single-Family, and a Preliminary Subdivision to create eight lots on 5.75 acres located at 4725 South Robert Trail. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Rezoning from A, Agriculture to R-1, Single-Family, of 5.75 acres located at 4725 S. Robert Trail, in the NE 1/4 of Section 36. Aye: 5 Nay:0 Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Sweet Place) to create eight lots upon 5.75 acres located at 4725 S. Robert Trail, in the NE of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, B4, Cl, C2, C3, D1, and E1. 2. The property shall be platted. 3. The developer should prepare and submit a noise abatement plan prior to final subdivision approval. 4. All lowest floor entries and windows for proposed houses within the development shall be constructed higher than elevation 925.5. 5. The developer shall construct an outlet skimmer structure and pipe from the new pond to the normal water level of Fitz Lake, in accordance with City engineering standards. 6. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, in accordance with City engineering standards. 7. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 8. The developer shall be responsible for obtaining all necessary permits from the Minnesota Department of Transportation (MNDOT) for construction and access work within the Highway 3 right-of-way, prior to final subdivision approval. 9. The developer shall be responsible for all street and highway improvements on Highway 3 as required by MNDOT as a condition of access permit approval. 10. The developer shall be responsible for construction of a southbound right-turn lane and a northbound bypass lane on Highway 3, in accordance with MNDOT standards. 11. Public drainage & utility easement shall be dedicated on the final plat to a minimum of three feet in elevation above the required high water level of Fitz Lake (Pond LP-26). Eagan City Council Meeting Minutes ID December 13, 2004 Page 7 12. The applicant shall be required to fulfill required tree preservation mitigation through the installation of forty-six (46) Category A trees, or an equivalent combination of Category B and Category C trees. 13. The applicant shall preserve, through contractual tree transplanting with a 95" tree spade, 20 existing spruce trees 8-22, 24, 28-31), to be moved to an area outside of construction limits near the north property line. Transplanted trees shall be maintained (mulched and irrigated) for a period of one year by applicant or hired contractor. 14. The applicant shall submit a revised Tree Preservation Plan that shows the correct placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting). The protective fence shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off-site (i.e. park trees). 15. The applicant shall submit a revised Tree Preservation Plan that shows the correct placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting). The tree protective fencing shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off-site (i.e. park trees). 16. The Applicant must contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 17. The applicant shall cooperate with city forestry and water resource staff, during the project pre-construction phase, to maximize tree preservation efforts in proposed pond areas. 18. The Applicant shall convey a permanent conversation easement over Lots 1-3 in a form acceptable to the City Attorney, for a buffer/setback area adjacent to the lake's ordinary high water level to facilitate protection of shore impact zone. 19. A stormwater detention pond should be constructed with a minimum wet-pond volume of 0.55 acre-feet covering a minimum area of 0.25 acres. 20. A Conditional Use Permit shall be obtained for any lot exceeding 25 percent impervious surface. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on Caponi property acquisition and discussed the Memorandum of Understanding between the City and Mr. and Mrs. Anthony Caponi. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Memorandum of Understanding between the City of Eagan and Mr. and Mrs. Anthony Caponi. Aye: 5 Nay: 0 NEW RUNWAY I AIRPORT UPDATE City Administrator Hedges discussed a Common Interest Agreement with the City of Minneapolis. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve entering into a Common Interest Agreement with the City of Minneapolis. Aye: 5 Nay: 0 The regular City Council meeting was recessed to conduct a meeting of the Economic Development Authority. ADMINISTRATIVE AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to schedule January 7 and 8, 2005 as a Council retreat. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes December 13, 2004 Page 8 ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:45 p.m. Aye: 5 Nay: 0 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. MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 13, 2004 5:00 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Fields, Maguire and Tilley. Councilmember Carlson was not present. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Community Development Hohenstein, City Planner Ridley, Director of Administrative Services VanOverbeke and Public Works Director Colbert. 1. ROLL CALL AND ADOPTION OF AGENDA Mayor Geagan called the meeting to order. II. VISITORS TO BE HEARD There were no visitors to be heard. III. NORTHEAST EAGAN LAND USE STUDY - STATUS UPDATE Community Development Director Hohenstein introduced Rusty Fifield of the Hoisington Koegler. Mr. Fifield provided a presentation to the City Council on four possible development scenarios to be evaluated as part of the Northeast Eagan Land Use Study. Mr. Fifield noted that the scenarios were reviewed by the Study Advisory Committee at its meeting on November 29, 2004. The City Council discussed and asked questions regarding the four development scenarios. Mr. Fifield then reviewed the upcoming schedule of events with regards to the Northeast Eagan Land Use Study. He noted that the consultants will present findings and receive guidance from the Study Advisory Committee at workshops on January 6 & 20. Furthermore, following the Study Advisory Committee review workshops, the findings of the evaluation process will be presented to the City Council in a workshop. Lastly, he noted that the final step in the evaluation process is a public open house expected to occur in early February 2005. IV. OTHER BUSINESS There was no other business. V. ADJOURNMENT The meeting adjourned at 5:35 p.m. Agenda Information Memo January 4, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Street Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of Lawrence Pluta as a Street Maintenance Worker. Item 2. Part-time Seasonal Broomball/Boot Hockey Officials-- ACTION TO BE CONSIDERED: To approve the hiring of Randy Boyden, Mike Boyer, Keith Wallace and Brad Champlin as part- time seasonal broomball/boot hockey officials. Item 3. Part-time Seasonal Basketball Scorekeepers-- ACTION TO BE CONSIDERED: To approve the hiring of Bruce Berry, David Schomburg and Mike Kabakov as part-time seasonal basketball scorekeepers. Item 4. Planning Aide-- ACTION TO BE CONSIDERED: Council was informed that the individual approved for hire at the December 13, 2004 regular City Council meeting as Planning Aide in the Community Development Department is Julie Strid. This item is informational; no action was required. Item 5. Human Rights Officer/Americans with Disabilities Act Coordinator ACTION TO BE CONSIDERED: To appoint Lori Peterson, Human Resources Manager, as the City's Human Rights Officer and Americans with Disabilities Act Coordinator. Item 6. Clerical Unit Bargaining Agreement ACTION TO BE CONSIDERED: To approve the 2005-2006 Collective Bargaining Agreement between the City of Eagan and the Clerical Bargaining Unit. FACTS: ■ The Clerical Collective Bargaining Unit is meeting on Tuesday, January 4, immediately after work hours to vote whether or not to approve the City's offer for the 2005-2006 Bargaining Agreement. If the vote is affirmative, it would be appropriate for the Council to formally approve the agreement. If the vote is negative, this item will be pulled from the agenda. /C~ Agenda Information Memo January 4, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 16, 2004 and December 23, 2004 as presented. ATTACHMENTS: Check registers dated December 16, 2004 and December 23, 2004 are enclosed without page number. Agenda Information Memo January 4, 2005 Eagan City Council Meeting CONSENT AGENDA: D. Amend Police Contractual Security Rate in 2005 Fee Schedule ACTION TO BE CONSIDERED: To amend the 2005 Fee Schedule to reflect a Police Contractual Security rate of $52.00/hour + 5% administrative charge. FACTS: • The CityCouncil approved the 2005 Fee Schedule at its December 13 regular meeting. • The Police Contractual Security rate included in the 2005 Fee Schedule was inadvertently left unchanged from 2004. The 2004 rate was $50.00/hour + 5% administrative charge. • Staff had intended to propose a 4% increase to $52.00/hour + 5% administrative charge. The increase would be in line with Police wagetbenefit increases. • The City contracts with various entities-Eagan High School (athletic events), banks, and other Eagan businesses and organizations-to provide Police security services. Total 2004 contractual security revenue was approximately $35,000. ATTACHMENTS: None Agenda Memo January 4, 2005 Eagan City Council Meeting E. 2005 STREET MAINTENANCE JOINT PURCHASING AGREEMENT ACTION TO BE CONSIDERED: Approve the 8-City Joint Purchasing Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. FACTS: • For the past 20 years (1985), the City of Eagan has participated in a Joint Purchasing Agreement (JPA) which has grown to include 9 other cities south of the river (Burnsville, Apple Valley, Lakeville, Rosemount, Mendota Heights, Farmington, Savage, Prior Lake and Shakopee) to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and sealcoating contractual services. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • A copy of the 2005 JPA is now being presented to the City Council for their consideration of approval. It has been reviewed by the Superintendent of Streets/Equipment and found to be in order for favorable consideration. ATTACHMENTS: • Joint Purchasing Agreement, pages LIZ through JOINT POWERS AGREEMENT 2005-2006 TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE, ROSEMOUNT, SAVAGE, PRIOR LAKE, SHAKOPEE, FARMINGTON AND MENDOTA HEIGHTS AGREEMENT made this 18'' day of January, 2005, by and between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights utilizing one common contractor for each service. NOW, THEREFORE, the parties agree as follows: 1. Subject to the other provisions of this agreement, Burnsville shall prepare any plans, specifications, bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, crack sealing, screening and seal coating services. 2. Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights shall provide to Burnsville the estimated quantities for these services in each respective community, and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights and upon their approval, award the contract pursuant to State Law. Joint Powers Agreement Page 2 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities. • Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. • Inspecting the contractor's work, measuring the quantities of work performed, approving and certifying the progress or final payments to the contractor. • Pay a percentage of actual construction cost to City of Burnsville for legal and administrative cost on a sliding scale basis as follows: $0 - $50,000 - 2% $50,000 - $100,000 - 1.5% Over $100,000 - 1.0% 5. In accordance with the specifications, the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights each of them, indemnify, save, and hold harmless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights fiuther agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. 7. This agreement can be terminated on the part of any individual city by giving sixty (60) days notice to the other cities; otherwise the agreement will automatically terminate on March 15, /09 Joint Powers Agreement Page 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVILLE BY: Mayor Elizabeth B. Kautz DATE: BY: City Manager Craig L. Ebeling CITY OF APPLE VALLEY BY: Mayor DATE: BY: Clerk CITY OF EAGAN BY: Mayor DATE: S- BY: Clerk CITY OF LAEEVILLE BY: Mayor DATE: BY: Clerk CITY OF ROSEMOUNT BY: Mayor DATE: BY: Clerk CITY OF SAVAGE BY: Mayor DATE: BY: Clerk Joint Powers Agreement Page 4 CITY OF PRIOR LAKE BY: Mayor DATE: BY: Clerk CITY OF SHAKOPEE BY: Mayor DATE: BY: Clerk CITY OF FARMINGTON BY: Mayor DATE: BY: Clerk CITY OF MENDOTA HEIGHTS BY: Mayor DATE: BY: Clerk /9 Agenda Memo January 4, 2005 F. PROJECT 786, DENMARK AVENUE, WESCOTT RD TO CRESTRIDOE LN TRAIL/SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 786 (Denmark Avenue, Wescott Road to Crestridge Lane - Trail/Sidewalk Improvement). FACTS: • On June 9, 1999, an informational neighborhood meeting was held by City staff in the Community Room (Eagan Room) at the Eagan City Hall for the Denmark Avenue neighborhood (between Wescott Road and Duckwood Drive). The meeting was called at the request of residents concerned about the speed and volume of traffic in the neighborhood. • On August 6, 1999, staff received a letter from the Denmark Avenue residents and a request to address the City Council at an upcoming regular council meeting regarding the neighborhood's traffic concerns. • On October 5, 1999, after receiving a presentation by the neighborhood residents, the City Council directed staff to prepare a traffic study for Denmark Avenue. SRF Consulting Group was selected to prepare said traffic study. • On July 13, 2000, the results of the traffic study were presented to the neighborhood at an open house held in the Community Room. Consultants and staff presented possible traffic calming measures and listened to the concerns and comments of the residents. About 30 residents that attended completed comment cards. • On August 11, 2000, staff updated the City Council on the results of the open house. A variety of traffic calming methods were preferred by various residents, however no consensus was expressed. The largest portion of residents seemed to favor a sidewalk or trail, but again consensus could not be attained for the placement of a trail (east or west side) along Denmark Avenue. Staff informed the residents that consensus would be required prior to a formal request being forwarded to the City Council. • City staff has communicated with neighborhood residents annually about their traffic concerns on Denmark Avenue. Staff has encouraged neighborhood consensus on one of the solutions proposed in the SRF traffic study. • On December 14, 2004, city staff received a petition signed by thirteen residents representing thirteen properties, requesting the installation of a sidewalk along the west side of Denmark Avenue between Wescott Road and Crestridge Lane. • The proposed sidewalk improvement is not included in the current CIP (2005-2009) schedule. However, it is indicated as a proposed trail segment on the Comprehensive Guide Plan's Transportation Trail System. • Based upon the Council's recently approved Transportation Trail Policy, this segment of proposed sidewalk/trail ranks as one of the two most appropriate locations for the placement of an uncompleted component of the City's Transportation Trail System. • The cost of all sidewalk or trail improvements adjacent to Collector Streets or more significant classifications would be attributable to the Major Street Fund. Denmark Avenue is classified as a Minor Collector. ATTACHMENTS: • Petition, pages through. FOR CITY USE DATE RECEIVED city of eaga L 21 2004 DATE PRESENTED EAGAN TO COUNCIL E C2fIvE0 ENGINEERING DEPARTMENT APPROVED ❑ DENIED ❑ PETITION rfAkTMFI°, j SIDEWALK INSTALLATION Me, the undersigned,. hereby petition the city Council of the City of Eag 7 to install a sidewalk along: ~c I/We support this request with the following reasons: -191eo.se See Ct#a0he'~ 15U~o/111~i de)1..~&1 f"netl ~io, for -7LI?e. 1. 2. j:z6/77(?0/j J117- J '/wcz b`-zea AI-A 3. A aA 4. A)o 51 e Me equest t o t e 61 ouncil ake this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled for formal action so that we may appear in person to support this request, if we so choose. Name (Please PRINT and INITIAL) ADDRESS 2. Cl X1-2 7 tlu e;r? 3. ('L*A/1P,0 tell P j 5 r.L 6.~ L t QyvL 7~) -~~~vtiv~ ACC V d"71' - - r rr+ r 1 ry ~ - ! 8. /)`Vi i✓t~~Z~ .--4-- Gt✓1 + / °J -7 r UJ /✓a/: 1 uy' GIFORMS/PETMONS/ lk a~ f ~ ` c~ ~ ~1~'11 ~ `2 r ~?/'y'~, 3 1 ~ p ~ ilvvs:•~~`l~ l r~W ~<< y~ , ~ n ` -Q-3 3.7 tot ~i /1 ✓ ~~cL 7'7G ~~n~i/~C 7~"r 1~ .~cr~i,.~ ~ f1~~J :S'~5i?~ a a~ SIDEWALK INSTALLATION We would like a sidewalk to run on the west-side of Denmark Avenue between Wescott and Crestridge Lane, the only area along Denmark Avenue without a sidewalk. There are sidewalks south of Wescott and north of Crestridge Lane; however, even though the area in between these two sets of sidewalks is entirely residential, no sidewalk exists, thus preventing safe pedestrian traveling. Since the time and resources required to install a sidewalk along Denmark Avenue between Wescott and Crestridge Lane would be more extensive than installing it only from Denmark Trail West to Wescott, we would be interested in starting with this smaller section first and pursuing the rest of the sidewalk at a later date, if necessary. 1. Child safety: • Dangerous for neighborhood children to walk or bike to Glacier Hills Elementary School Park (for the playground, baseball fields, etc.), the library, Cascade Bay Park, the ice arena, and their bus stops from our neighborhood. • Denmark Avenue is heavily traveled as an alternative route to Pilot Knob and the shoulder on the west side of Denmark Avenue runs out before reaching Wescott, putting children in danger of cars making right-hand toms onto Wescott. As elementary students, the age range is only 5 to 11. At the current time, parents of small children are leery of allowing them to walk or ride their bikes anywhere on this street without the escort of a parent. Please refer to the city survey performed approximately two years ago that revealed 4,000 to 4,500 cars per day travel on Denmark Avenue. • Winter conditions increase the danger of walking on Denmark Avenue due to the further narrowed shoulder after the street has been plowed. 2. Homeowner, pet owner, and pet safety, health and environmental concerns: • Dangerous to walk with or without pets or ride bicycles southbound on Denmark Avenue before reaching the path on Wescott. • Difficult to keep the dogs within the small confines of the minimal shoulder. • Without a sidewalk, it is unsafe to walk northbound on Denmark Avenue to Wal-Mart and other shops. More often than not, there are cars and trucks parked along Denmark Avenue where the quad homes are located and it is difficult to maneuver children and pets around these cars with oncoming traffic. • A sidewalk would promote a healthier lifestyle for the neighborhood as both the adults and children would utilize the sidewalk for walking or riding to places within the community in lieu of driving. This would also cut down on automobile pollution. • Winter conditions increase the above mentioned dangers of traveling on Denmark Avenue. a3 Petition for Sidewalk on Denmark Avenue 3. High speed limit: • The speed limit of 30 MPH is fast for what should be considered a school zone and increases the risk of injury or death to our neighborhood children and adults who do not have the safety of a sidewalk. • This speed limit is only 5 MPH lower than the commercial area of Denmark Avenue where a sidewalk exists. Most residential areas do not have cars driving by at such high speeds without the aid of sidewalks. 4. No warning signs: • Since there are no warning signs such as "Children at Play" many cars accelerate quickly from the stop signs on Wescott and Denmark Court. Many often do not even stop or slow down at the stop sign on Denmark Court; they roll through it and speed quickly to Wescott. • School bus drivers have noted cars ignoring their flashing lights and speeding down the corridor between the three-way stop at Denmark Avenue towards Wescott. Even with such signs, the drivers may or may not slow down. 5. Community Relations • If we had a sidewalk, more of the neighborhood residents would be out walking or bike riding. This would promote stronger community relations as neighbors become more familiar with who lives in the area. a~ 2 Agenda Memo January 4, 2005 G. PROJECT 911. BERKSHIRE PONDS/ SAFARI 2ND ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 911 (Berkshire Ponds/ Safari 2nd - Street Improvements) and schedule a public hearing to be held on February 1, 2005. FACTS: • On June 1, 2004 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Berkshire Ponds Additions/ Safari 2°d Additions area. • The bituminous overlay of the streets within this neighborhood is programmed for 2005 in the City of Eagan's 5-Year CIP (2005-2009). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for February 1, 2005. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~s Agenda Memo January 4, 2005 H. PROJECT 920, LONE OAK ROAD/NEIL ARMSTRONG BOULEVARD TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 920 (Lone Oak Road/Neil Armstrong Boulevard Intersection - Traffic Signal Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County Transportation Department has scheduled the signalization of the Lone Oak Road (County Road 26) and Neil Armstrong Boulevard intersection, located east of Lexington Avenue, for the summer of 2005. • Project 920 includes the installation of a new traffic control signal at the intersection of Lone Oak Road and Neil Armstrong Boulevard with street lights, emergency vehicle pre-emption, and signing at the intersection, interconnection to the existing Lone Oak Road traffic control signals at Lexington Avenue and I-35E, and associated improvements at the existing signals. • In 2004, a traffic signal justification report was prepared by Dakota County for the intersection according to the Minnesota Manual on Uniform Traffic Control Devices. Warrants 1A, 1B, 2, and 3 were met and the installation of a traffic signal is justified. • The signal improvement ranks 2nd out of about 30 possible transportation department signal installations throughout Dakota County. Safety issues heightened the ranking. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, the City's financial share of these improvements is 50% of the construction, engineering, and inspection costs (Estimated Total Construction & Engineering Cost = $300,000.00). • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. ISSUES: • This project is included within the 5-Year Capital Improvement Programs (2005 - 2009) for the City of Eagan and Dakota County. However, the City of Eagan's CIP represents the installation in the Future category, while Dakota County has a generic traffic signal designation which allows the 2005 installation. • Funding for the City's share of the cost ($150,000) has not been planned for 2005. It is likely staff can provide a CIP for 2006-2010 for the Council's consideration which would enable the funding to be available in 2006. The Council's consideration of the annual 5-Year CIP typically occurs in May or June. • The City has previously provided full payment on a joint City-County contract for later reimbursement by the County (Contract 01-07, Lexington Avenue). City staff will request a similar arrangement with the County to allow the installation to occur in 2005, with reimbursement by the City in 2006. 1_9Z Agenda Memo January 4, 2005 1. LOT 7, BLOCK 1, McCARTHY RIDGE & LOT 19, BLOCK 3 OSLUND TIMBERLINE -EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements on Lot 7, Block 1, McCarthy Ridge and Lot 19, Block 3 Oslund Timberline and schedule a public hearing to be held on February 1, 2005. FACTS: • On December 8, 2004, City staff received a petition from Peter and Brenda Lawrence, 1581 McCarthy Road, requesting the vacation of existing drainage and utility easements on their two contiguous properties located on Lot 7, Block 1, McCarthy Ridge and Lot 19, Block 3 Oslund Timberline, east of Highway 13 and south of Lone Oak Road in northwest Eagan. • The drainage and utility easements were originally dedicated with the respective plats. • The purpose of the vacation is to allow the construction of a deck on the rear of the existing house across the boundary between the two properties. • All necessary replacement easements will be dedicated with combination of the two properties under the re-platting of the two lots. This re-platting is also scheduled for consideration by the City Council on February 1. • 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. 0? Agenda Memo January 4, 2005 J. CONTRACT 03-08, THRESHER FIELDS ACTION TO BE CONSIDERED: Approve the final payment for Contract 03-08 (Thresher Fields - Park Development) in the amount of $31,725.56 to Imperial Developers, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: 0 Contract 03-08 provided for the grading, turf establishment, irrigation system, parking lot construction and utility installation for the development of the Parks and Recreation facility known as Thresher Fields as authorized by the City Council under City Project 891. 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 Memo January 4, 2005 K. PROJECT 918, PILOT KNOB RD-CENTRAL PKWY RD TO LONE OAK RD STREET & TRAFFIC SIGNAL IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 918 (Pilot Knob Road, Central Parkway to Lone Oak Road - Street and Traffic Signal Improvements) and schedule a public hearing to be held on February 1, 2005. FACTS: • On June 1, 2004 the City Council authorized the preparation of a feasibility report considering the upgrade of Pilot Knob Road between Central Parkway and Lone Oak Road, including the addition of turn lanes and traffic signals. A new traffic signal is proposed at the Central Parkway/Pilot Knob Road intersection, while an intersection reconfiguration and traffic signal modifications are planned at the Lone Oak Road intersection. • Pilot Knob Road is designated as County State Aid Highway (CSAH) 31 and an A minor arterial (expander) providing important north-south movement as part of Dakota County's transportation system. • The upgrade of Pilot Knob Road was programmed for 2005 within the 5-Year Capital Improvement Programs (2005 - 2009) for the City of Eagan and Dakota County. • A draft feasibility report has been completed consisting of a minor street upgrade incorporating turn lanes with new traffic signal improvements and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • Dakota County would be the lead agency on the proposed upgrade of Pilot Knob Road and traffic signal installations. The schedule presented in the draft feasibility report coincides with the County's proposed project schedule. • An informational neighborhood meeting will be scheduled to review the feasibility report details with the property owners in the adjacent area prior to the Public Hearing to further review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. c;2 9 Agenda Memo January 4, 2005 City Council Meeting CONSENT AGENDA L: APPROVE the 2005 renewal of a limited janitorial contract with Lifeworks, Inc.. ACTION TO BE CONSIDERED: Approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. FACTS: • Lifeworks provides unskilled employment opportunities for physically and mentally challenged adults. • The City of Eagan has contracted annually with Lifeworks Inc for the past 14 years to provide limited janitorial services, on a variable part-time basis, at park buildings designated by City staff. The efforts of Lifeworks are intended to supplement City staff. • The "Not to Exceed" contract total of $1,860 for 2005 has been incorporated into the approved 2005 Parks and Recreation Department operational budget. • Lifeworks provides an on-site supervisor, insurance and assumes liability for its staff. • The contract may be canceled by either party when appropriate notice has been given to the other party. ISSUES: • None 3b Agenda Memo January 4, 2005 City Council Meeting CONSENT AGENDA M: APPROVE the renewal of the Heart Healthy Living Program Agreement for Ewan Community Center. ACTION TO BE CONSIDERED: To approve the renewal of an agreement between the Eagan Community Center and Heart Health Living, P.A. to provide cardiac rehabilitation maintenance program services and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Heart Healthy Living, P.A. (HHL) is an independent contract service that offers Phase III/IV Cardiac Rehabilitation Maintenance Program services. • During 2004 HHL contracted for the use of the Eagan Community Center's exercise studio, walking track, exercise equipment, conference room and locker rooms Monday, Wednesday and Friday from 11:00 a.m. - 12:15 p.m. for HHL clients and staff. • HHL agrees to pay the City 20% of all revenue gained by client program participation fees, which will be confirmed by monthly attendance sheets. • Approximately $3300 in revenue was generated during the 9 months this program was operated in 2004. • HHL will provide general liability insurance at $1,000,000 per occurrence and $1,000,000 per year as well and Professional Liability at $1,000 per occurrence and $1,000,000 per year. ISSUES: • None 31 Agenda Memo January 4, 2005 City Council Meeting CONSENT AGENDA N: APPROVE plans and specifications and authorize advertisement for bids for pool repair work at Cascade Bay. ACTION TO BE CONSIDERED: Approve the plans and specifications and authorize the advertisement of bids for pool repair work at Cascade Bay. FACTS: • On September 21 the City Council was made aware of certain deficiencies in the original construction of Cascade Bay and authorized the city attorney to seek arbitration under the terms of the construction contracts. • At the December 6t' City Council meeting, the Council approved Encompass, Inc to prepare plans and specifications for the necessary repair work. • Plans and specifications for the necessary repair have been completed and authorization for advertisement of bids is requested. Cost of repairs is estimated in excess of $400,000. • A bid opening date of January 28, 2005 is recommended with contract award tentatively scheduled for Feb. 1, 2005 • The preliminary schedule for award of contract and construction completion is such that all work is to be completed to allow the pool to open as scheduled for the 2005 season. • If there are specific questions regarding this item they should be deferred to executive session because of pending litigation. ISSUES: • None 3o?, Agenda Information Memo January 4, 2005 Eagan City Council Meeting 0. SAM'S CLUB GRANT Acceptance of an $875 grant from Sam's Club. Sam's Club have provided grants in the past for public safety reasons. ACTION TO BE CONSIDERED: To approve acceptance of an $875 grant from Sam's Club. FACTS: • The money will be used to purchase additional equipment such as tasers, evidence equipment, cameras. Attachments: None Agenda Information Memo January 4, 2005 Eagan City Council Meeting P. AMERICAN HEART ASSOCIATION GRANT Acceptance of a $3,400 grant from the American Heart Association. The American Heart Association's policy is to provide grants for reasons of public safety/fire response. ACTION TO BE CONSIDERED: To approve acceptance of a $3,400 grant from the American Heart Association. FACTS: • The money will be used to purchase two defibrillators, one for the police department and one for the fire department. Attachments: None 311 Agenda Information Memo January 4, 2005 Eagan City Council Meeting 0. APPROVE AGREEMENT FOR MEDICAL DIRECTION BETWEEN HEALTHEAST TRANSPORTATION, INC. AND THE CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an agreement for medical direction between HealthEast Transportation, Inc. and the City of Eagan. FACTS: • Under the terms of this agreement HealthEast will provide the Fire Department medical direction and certain training for first responders. • HealthEast will approve standards and training for patient care, standards for purchasing equipment, and standards for triage, treatment, and transportation. • The medical direction service was previously provided through Regions Hospital, however, they no longer offer that service. • Due to the unique training requirements and circumstances the contract covers the Fire Department, but does not cover the Police Department. However, all response and treatment protocol and equipment are to remain consistent between the two departments as it has traditionally been. • The agreement covers the two year period January 1, 2005 through December 31, 2006. • The City Attorney's Office has been in negotiations for an extensive period of time working out the details of the agreement and has prepared the document along with attorneys representing HealthEast. • The required financial obligations have been budgeted in the 2005 Fire Department budget. ATTACHMENTS: • Enclosed on pages !:f6 through is a copy of the agreement. AGREEMENT FOR MEDICAL DIRECTION BETWEEN HEALTHEAST TRANSPORTATION, INC. AND THE CITY OF EAGAN This Agreement ("Agreement") between HealthEast Transportation, Inc., a Minnesota corporation, and the City of Eagan, a Minnesota municipal corporation, is made and entered into effective the first day of January 2005. WHEREAS, the City of Eagan provides First Responder service within the limits of the City of Eagan; and WHEREAS, the City of Eagan wishes to purchase training and Medical Direction for its First Responders in its Fire Department; and WHEREAS, HealthEast Transportation, Inc. is willing to cooperate with and assist the City of Eagan by providing Medical Direction and other services to assist the City of Eagan in providing expedient and efficient First Responder services to its residents, upon the terms and conditions of this Agreement; and THEREFORE, in consideration of these premises the City of Eagan and HealthEast Transportation, Inc. agree as follows: ARTICLE I DEFINITIONS 1.1 "First Responder" means an individual in the CITY's Fire Department who is registered by the Emergency Medical Services Regulatory Board to perform, at a minimum, basic emergency skills before the arrival of a licensed ambulance service, and is a member of an organized service recognized by a local political subdivision whose responsibilities include responding to medical emergencies to provide initial medical care before the arrival of a licensed ambulance service. 1.2 "CITY" means City of Eagan. 1.3 "CQI" means Continuous Quality Improvement or similar quality assurance program. 1.4 "Fire Department" means the City of Eagan's Fire Department. 1.5 "HET" means HealthEast Transportation, Inc. 1.6 "HET Medical Direction Program Liaison" or "HET Program Liaison" means the individual designated by HET pursuant to paragraph 2.3 of this Agreement. CJb 1.7 "Medical Director" means the medical director appointed by HET pursuant to paragraph 2.2.1 of this Agreement, which person shall have the qualifications listed in MINN. STAT. § 144E.265, subd. 1. ARTICLE H OBLIGATIONS OF HEAL THEAST TRANSPORTATION, INC. 2.1 HET shall provide the following services pursuant to this Agreement: a) Medical direction, as those services are further described in paragraph 2.2 of this Agreement; b) Medical program services as further described in paragraph 2.3 of this Agreement; C) Development and assistance in implementation of medical guidelines as further described in paragraph 2.4 of this Agreement; d) Medical equipment review as further described in paragraph 2.5 of this Agreement; and e) Medical training, as that is further described in paragraph 2.6 of this Agreement. 2.2 Medical Direction. HET shall appoint a Medical Director to provide medical direction for the Fire Department's First Responders. 2.2.1 The person appointed as Medical Director shall be currently licensed as a physician in this state; have experience in, and knowledge of, emergency care of acutely ill or traumatized patients; and be familiar with the design and operation of local, regional, and state emergency medical service systems. HET shall identify the Medical Director in writing to the CITY upon execution of this Agreement. Any subsequent change in Medical Director shall be immediately communicated to the CITY in writing. 2.2.2 The Medical Director shall be responsible for: a) approving standards for training and orientation of personnel that impact patient care; "b) establishing standing orders for prehospital care; C) approving triage and treatment protocols; d) participating in the development and operation of continuous quality improvement (CQI) programs including, but not limited to, case review and resolution of patient complaints; -2- 32 e) maintaining the quality of care according to the standards and procedures established under clauses (a) to (e); f) attending two training sessions per year with all First Responder Service personnel; and g) any other relevant responsibility for a Medical Director described in M INN. STAT. § 144E.265, subd. 2. 2.2.3 If requested by the CITY and otherwise acceptable to the Medical Director and HET, the Medical Director shall be available for other meetings and specialized training pursuant to paragraph 5.2. 2.3 HET Medical Direction Program Liaison. HET shall designate an HET Medical Direction Program Liaison (also referred to as the "HET Program Liaison") who shall be responsible for program communications, scheduling and all matters arising from the administration of this contract. The Program Liaison shall: a) serve as the CQI position for the Medical Direction program; b) intervene and serve as a resolution dispute mediator for patient and/or citizen concerns filed as a result of First Responder services provided under this Agreement; and c) schedule and conduct quarterly meetings with designated representatives of the CITY for purposes of discussing training, equipment, and CQI. 2.4 Medical Guidelines. HET shall provide the CITY with a set of First Responder Guidelines appropriate to the type of response and patient care rendered by First Responders within the Fire Department. Guidelines and standard operating procedures (SOPs) may be created by the CITY and HET together, however, the Medical Director shall maintain the final authority for any and all guidelines and SOPs issued, within the financial parameters established by the City Council. 2.5 Medical Equipment and Supplies. Medical equipment and supplies acquired for the First Responders shall be reviewed and authorized by the Medical Director. The Medical Director shall determine if specified medical devices and equipment should have specific guidelines and/or SOPS for their intended patient care use. 2.6 Medical Training. All training required by the First Responders to meet federal DOT First Responder certification shall be supplied or coordinated by HET. First Responder training and educational objectives shall be coordinated annually between HET and the CITY. -3- 2.6.1 The primary instructional course for ongoing certification of the Fire Department's First Responders shall be the First Responder Refresher course and shall be taught with 8 hours of annual training per course. HET and the CITY shall teach the First Responder Refresher course together. HET shall supply one lead instructor for each course and the CITY shall supply any additional instructors required for each course. HET shall supply four eight-hour courses (32 hours) per year under this Agreement. 2.6.2 Other training that the CITY may require on an annual basis and which will be supplied on a request basis consisting of: First Responder - Basic 40 hours First Responder Basic - Refresher 16 hours CPR/AED - Rescuer 8 hours CPR/AED - Refresher 4 hours Infectious Disease Training As Required MCI Training As Required Specialty Education & Training Topics As Required Additional Medical Director Training/Consultation As Required The various costs for these additional training programs will be as established in paragraph 5.2 of this Agreement. 2.7 Confidentiality of Data. HET shall maintain personnel data which it may obtain relating to First Responder personnel in compliance with law. HET shall treat as confidential all information relating to litigation in which the CITY is involved; and any other information which is specifically designated by the CITY as confidential prior to its disclosure to HET. ARTICLE III OBLIGATIONS OF CITY OF EAGAN 3.1 Compliance with Regulations. The CITY agrees to require its firefighters to comply with all laws, regulations and ordinances applicable to First Responders and with such guidelines as are approved by the Medical Director. 3.2 Desiggation of Liaison. The CITY shall designate a First Responder Liaison as the representative of the Fire Department for program communications with the HET Program Liaison including the administration of this Agreement. 3.3 Information to be Provided to HET. The City shall provide the HET Program Liaison with the following information: a) copies of all patient first response care reports on a monthly basis; b) proposals for the purchase of patient care equipment, prior to the purchase of any such equipment; -4- ~9 C) the number of First Responder personnel and the level of training of such personnel on an annual basis or upon the addition of new personnel; and d) such other information as the Medical Director may reasonably require. All information required by this section 3.3 shall be provided as indicated or, upon the request of the Medical Director, on a more frequent basis. 3.4 Confidentiality of Information. The CITY shall maintain the confidentiality of information relating to the business and professional affairs of HET to the extent permitted by law, specifically Minnesota Statutes Chapter 13, the Govenunent Data Practices Act and also the confidential medical and professional relationship to patients. 3.4.1 The CITY shall promptly refer all patient inquiries and complaints concerning the quality or appropriateness of care provided by the CITY or HET directly to the HET Program Liaison. The CITY shall cooperate with HET in any investigation of such patient inquiries or complaints. HET shall provide the CITY with information relating to any investigation involving the CITY and shall take reasonable measures to conduct such investigations jointly with the CITY. The CITY shall promptly give the HET Program Liaison notice of any inquiry by a governmental authority into any matter related to this Agreement or the services provided by either party pursuant to this Agreement. ARTICLE IV QUALITYASSURANCE 4.1 Upon request, the CITY agrees to participate in any CQI process instituted by HET during the term of this Agreement which process must be conducted in compliance with applicable laws. 4.2 Upon request, the First Responder Liaison shall attend meetings of HET's Emergency Medicine CQI Committee (the "CQI Committee"). The CITY and its CQI Committee representative shall maintain the confidentiality of all information disclosed in the course of participating in the CQI Committee process. ARTICLE V COMPENSATION 5.1 The CITY shall pay HET an annual fee of Four Thousand Four Hundred Eighty Dollars ($4,480.00) as payment for services provided by HET pursuant to paragraphs 2.2 (excluding 2.2.4); 2.3; 2.4; 2.5 and 2.6.1; specifically including up to twelve hours of time of the Medical Director; all Medical Director time beyond twelve hours shall be charged at the rate of $135 per hour. -5- 9a 5.2 The CITY shall pay HET at the rate of $135 per hour of classroom instruction for training provided directly by personnel of HET beyond the training included within this Agreement or the fees listed on Addendum #1 attached hereto, whichever is lower. ARTICLE VI INSURANCE 6.1 The CITY shall maintain insurance through the League of Minnesota Cities Insurance Trust (LMCIT) in minimum amounts of one million dollars ($1,000,000) per claim and one million dollars ($1,000,000) annual aggregate, covering its acts or omissions and the acts and omissions of its employees performing services governed by this Agreement. HET agrees to maintain such policies of insurance, self-insurance reserves, or combinations thereof in amounts not less than one million ($1,000,000) per occurrence and one million ($1,000,000) umbrella coverage. 6.2 The CITY shall provide to HET a certificate of insurance evidencing compliance with this Article prior to the effective date of this Agreement and shall provide such certificate any other time reasonably requested by HET. Such a certificate shall provide for not less than thirty (30) days' written notice of cancellation or material alteration of the coverages, with such notice to be provided to both the CITY and HET. ARTICLE VII INDEMNITY AND WAIVER OF IMMUNITY 7.1 The parties agree to indemnify and hold harmless each other and each other's respective employees, trustees, directors, officers, subcontractors, agents or other members of its workforce, each of the foregoing referred to as "indemnified party," against all actual and direct losses suffered by the indemnified party and all liability to third parties arising from or in connection with any breach of this Agreement or from any negligence or wrongful acts or omissions by the indemnifying party or its employees, trustees, directors, officers, subcontractors, agents or other members of its workforce. Accordingly, on demand, the indemnifying party agrees to reimburse the indemnified party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys' fees) which may for any reason be imposed upon any indemnified party by reason of any suit, claim, action, proceeding or demand by any third party that results from the indemnifying party's breach of any provision of this Agreement or from any negligence or wrongful acts or omissions by the indemnifying party or its employees, trustees, directors, officers, subcontractors, agents or other members of its workforce. The parties' obligation to indemnify the indemnified party shall survive the expiration or termination of this Agreement. Each party shall promptly notify the other party of the assertion of any claim against which the party is -6- indemnified by the other party. The indemnified party shall give the other party an opportunity to defend such claim, and shall not settle such claim without the approval of the indemnifying party. ARTICLE VIII TERM, CONTINGENCIES AND TERMINATION 8.1 Subject to prior satisfaction of the conditions precedent enumerated in section 8.2, this Agreement shall be effective on the date first mentioned above and shall extend through December 31, 2006, unless terminated prior to that date pursuant to this Article VIII. 8.2 This Agreement shall have no force or effect until the following conditions precedent have been satisfied: 8.2.1 Approval of this Agreement by the Eagan City Council. 8.2.2 Submission to HET by the CITY of evidence of insurance required by Article VI. 8.2.3 Submission to City by HET of evidence of insurance required by Article VI. 8.3 This Agreement may be terminated immediately if any of the following occurs: 8.3.1 HET is no longer licensed by the State of Minnesota to provide Medical Director services; 8.3.2 The CITY ceases providing First Responder services; or 8.3.3 A breach by the CITY of its obligations under Article V or if, in the professional judgment of the Medical Director, CITY actions compromise patient safety or care. 8.4 This Agreement may be terminated by a non-breaching party upon breach by one party, which breach remains uncured thirty (30) days after written notice of the breach by the non-breaching party. ARTICLE IX REMEDIES 9.1 The parties shall have available to them all remedies recognized at law, in equity or by statute for any breach of this Agreement. All such legal, equitable and statutory remedies shall be in addition to the right to terminate this Agreement pursuant to Article VIII. 7 '7' ARTICLE X GENERAL PROVISIONS 10.1 Nothing in this Agreement is intended or shall be construed to create an employer/employee relationship, a partnership, a joint venture, or a lessor/lessee relationship between the parties. The Parties agree that HET, including its employees and/or agents, is an independent contractor and will not act as an agent of the City. Nor shall HET, its employees or agents, be deemed employees of the City for the purpose of any employee benefit programs, or income tax withholding, FICA taxes, unemployment benefits, workers' compensation benefits, or otherwise. HET shall be solely and personally liable for any personal injury, either to its employees or agents or to others or for any property damage that may be caused by the performance of HET's services under this Agreement. As an independent contractor, HET understands and agrees that it is solely responsible for the control and supervision of the means by which the services performed pursuant to the Agreement are completed. Such means are subject to HET's discretion, which must be exercised consistent with the goal of completing the services on schedule and in accordance with the terms of the Agreement. 10.2 Each party understands and agrees that it is responsible for payment of the wages, salaries and benefits of its own employees and that the other party shall not pay or withhold any sums for income tax, unemployment insurance, social security or any other withholding required by law or any other agreement. 10.3 In the event the parties determine that the City and HET are "business associates" as defined in the Health Insurance Portability and Accountability Act of 1996 and related regulations, the Parties agree to enter into a "Business Associate Agreement" to comply with applicable federal laws and regulations. 10.4 This Agreement shall not be assigned by one party without the written consent of the other party; provided however, that HET may assign this Agreement to any appropriately licensed HealthEast affiliate. 10.5 This Agreement shall be interpreted, construed and governed by the laws of the State of Minnesota. 10.6 This Agreement may be amended or modified only in a writing signed by the parties; provided however, that either party may amend this Agreement in the event amendment is required by any federal or state law or regulation and that such amendment shall be then incorporated into this Agreement effective as of the date required by such law or regulation. 10.7 This Agreement, including any addenda attached hereto, constitutes the entire Agreement between the parties and shall bind and inure to the benefit of the CITY and HET and their respective successors, permitted assigns, and agents. - 8 - 4 10.8 Any covenant or provision herein which requires or might require performance after the termination or expiration of this Agreement, including but not limited to indemnities, settlement of accounts, and records retention, confidentiality and access, shall survive any termination or expiration of this Agreement. 10.9 Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, and may be either personally delivered or sent by registered or certified mail in the United States Postal Service, return receipt requested, postage prepaid, addressed to each party at the addresses which follow, or to such other addresses as the parties may hereinafter designate in writing: HealthEast Transportation, Inc. Attn: Kevin Raun 481 Front Avenue St. Paul, Minnesota 55117 City of Eagan Attn: Fire Chief 3795 Pilot Knob Road Eagan, Minnesota 55122 10.10 The City or HET shall construe nothing in this Agreement as creating any obligations to any person or entity not expressly made a party to this Agreement. 10.11 If, because of force majeure, either party shall be unable to carry out any of its obligations under this Agreement, then the obligations of that party shall be suspended to the extent made necessary by such force majeure. The party affected by force majeure shall give notice to the other party as promptly as practicable of the nature and probable duration of such force majeure. The term "force majeure" means an act, event or cause reasonably beyond the control of a party, including but not limited to, acts of God, legislation or lawful regulations of any governmental body; court orders; acts of public enemy; sabotage; riots; strikes; labor disputes; labor or material shortages; fires; explosions; floods; breakdowns or damage to plant, equipment, or facilities; interruptions in transportation or embargoes; inability to secure fuel or electric power or other causes of a similar nature. 10.12 For the purpose of implementing § 16C.05, subd. 5 of the Minnesota Statutes, as amended, HealthEast shall maintain the books, records, documents, and accounting procedures relevant to the sums paid by the CITY under this Agreement for a period of six years and shall, upon an appropriate request, make such books, records, documents, and accounting procedures available for audit pursuant to said statute. -9- 10.13 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute only one Agreement. 10.14 If at any time the payment of compensation or performance of services hereunder by the CITY or HET impairs the right or ability of HET to receive Medicare reimbursement, as determined by a communication from the Department of Health and Human Services or an agency thereof to that effect, all performance of services under this Agreement shall be suspended and HET and the CITY shall meet and negotiate in good faith to revise this Agreement and to execute such documents as are necessary to remove such impairment to HET's Medicare status. If such negotiations are unable to resolve the issues, this Agreement may be terminated. 10.15 The services provided by HET pursuant to this Agreement are solely for the benefit and intended for the use of the CITY's Fire Department First Responders. The CITY shall not make any other use of the services provided by HET hereunder. Signature Page to Follow - 10 - ~S SIGNATURE PAGE TO MEDICAL DIRECTION CONTRACT BETWEEN HEAL THEAST TRANSPORTATION, INC. AND THE CITY OF EAGAN IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed on its behalf by its duly authorized officer or other representatives to be effective as of the date first shown above. CITY OF EAGAN HEALTHEAST TRANSPORTATION, INC. By: By: Scott Batulis Its: Mayor Its: Vice President By: Its: Corporate Acknowledgement STATE OF MINNESOTA ) Approved as to form and execution: ) ss. COUNTY OF RAMSEY ) This instrument was acknowledged before By: me on this day of , City Attorney 200_, by Scott Batulis, Vice President, HealthEast Transportation, Inc., who being duly sworn, represents and warrants that he is authorized by law and necessary board action to execute this Contract on behalf of HealthEast HET intending this to be a legally binding obligation of the corporation. Approved by City of Eagan, City Council Resolution No. NOTARY PUBLIC - 11 - Addendum #1 HEALTHEAST TRANSPORTATION Course/Prouam Fee Schedule Course Requisite (Per Student) Emergency Medical Technician $600.00 Minimum of 10 Students 120-Hour Initial Course (Book included) Emergency Medial Technician $185.00 Minimum of 10 Students Refresher (Books extra charge) First Responder - Full class $295.00 Minimum of 10 Students 40-Hour Initial Course (Books extra charge) First Responder - Refresher $120.00 Minimum of 10 Students 16-hour Refresher (Books extra charge) First Responder - Progressive Refresher $ 80.00 Minimum of 10 Students 8-Hours Annually Refresher (Books extra charge) First Care CPR/First Aid $ 80.00 Minimum of 10 Students 8-Hours Initial course (Books and materials included) First Care First Aid $ 45.00 Minimum of 10 Students 4-Hour First Aid Course (Books and materials included) First Care CPR/AED $ 45.00 Minimum of 10 Students 4-Hour CPR Course (Books and materials included) AHA CPR/AED Course $ 45.00 Minimum of 10 Students American Heart Association Certification (Books extra charge) 4-Hour CPR/AED Course * Courses may be conducted with less than 10 students with the permission of the instructor, but the course fee shall be charged for the equivalent of the 10-students minimum. Agenda Memo January 4, 2004 Consent Agenda: R. SCHEDULE SPECIAL CITY COUNCIL MEETINGS FOR JANUARY 11, 21, 22 & 25, 2005 FACTS: • The 2005 Special City Council meeting schedule will not be presented for approval until the January 18'h Council meeting when organization business will be discussed. • It is necessary to formally schedule a special meeting for the above dates. (January 11 and 25 are special meetings and January 21 and 22 are retreat dates) ATTACHMENTS: None Agenda Information Memo January 4, 2005, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE TO EXCEED THE 20 PERCENT BUILDING COVERAGE MAXIMUM FOR A PORCH ADDITION LOCATED AT 1480 PINETREE PASS (DAVID AND LISA ZOE) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to exceed the 20 percent building coverage maximum by 2 percent for a porch addition to the principal structure at 1480 Pinetree Plass; subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL • Majority of Council Members Present FACTS: • The applicant is proposing a covered porch addition to the existing deck at the rear of the house. • Combining the entire proposed roof structures on the lot will result in a building coverage of 22 percent, the zoning code allows 20 percent maximum building coverage. • The subject site is adjacent to the north side of the former Diamond T Ranch. • The applicant is seeking more privacy from future neighbors to the south. 60 DAY AGENCY ACTION DEADLINE • February 4, 2005 ATTACHMENTS (I)- Planning Planning staff report, pagesS- to PLANNING REPORT CITY OF EAGAN REPORT DATE: December 16, 2004 CASE: 33-VA-19-12-04 APPLICANT: David and Lisa Zoe HEARING DATE: January 4, 2005 PROPERTY OWNER: Same APPLICATION DATE: December 6, 2004 REQUEST: Variance to Lot Coverage PREPARED BY: Sheila Cartney LOCATION: 1480 Pinetree Pass COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the building lot coverage of 20 percent for a covered porch addition resulting in a two percent variance, for property located at 1480 Pinetree Pass in the SE 1/4 of Section 33. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. 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. SO Planning Report - Zoe Variance January 4, 2004 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.60 Subdivision 5E allows for a maximum building coverage of 20 percent. Building is defined as any structure used or intended for supporting or sheltering any use or occupancy. BACKGROUND/HISTORY The subject site is part of Walden Heights 2nd Addition which was subdivided in 2000. EXISTING CONDITIONS The subject sites south property line abuts the former Diamond T Ranch. A single family home is present. The subject lot is 14,518 square feet. APPLICANT'S ESTIMATE OF HARDSHIP The existing deck faces south; in the summer the sun is directly overhead causing discomfort in the use of the deck. The proposed Steeplechase development directly abuts this property (former Diamond T Ranch) as proposed, the grades are higher than the subject site, resulting in less privacy. A roof structure over the deck allows for more functionality in the summer months and more privacy for when the former Diamond T Ranch is developed. EVALUATION OF REQUEST According to the submitted site plan the existing foundation and garage are 2,760 square feet. The lot is 14,518 square feet, 20 percent of the lot is 2,903 square feet. As proposed the covered porch will replace the existing deck resulting in the addition of 450 square feet covered space area. Combined with house and garage, the lot coverage is 22 percent. Hardship is defined as a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls where the plight of the landowner is due to circumstances unique to this property, not created by the landowner. The rear yard of the subject site slopes upward towards the adjacent property, creating the adjacent property to be higher and "looking down" at the subject site. Although policy holders should determine the hardship, adding a cover to the porch would add privacy from the adjacent lot. si Planning Report - Zoe Variance January 4, 2004 Page 3 SUMMARY/CONCLUSION The subject site is a single family lot located in the Walden Heights 2nd Addition development adjacent to the north end of the former Diamond T Ranch. The applicant is proposing to add a covered porch feature to the existing deck located at the rear of the house. Combining all of the proposed roof structures on the lot will result in a building coverage of 22 percent, the zoning code allows 20 percent maximum building coverage. The applicant is seeking more privacy from future neighbors to the south. ACTION TO BE CONSIDERED To approve a 2 percent Variance to the 20 percent building coverage requirement in an R-1 zoning district for a covered porch addition on property located at 1480 Pinetree Pass in the SE '/4 of Section 33. If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The variance only applies to the covered porch addition proposed with this request (15 feet by 30 feet on the south side of the house). ■i MMD INC PHONE N0. 6514056820 Dec. 11 2004 03:12PM P1 ■ DAVID and LISA ZOE r~r•.'4.. ~ 4M1r: ~'C.•_. l'. ~~C ~ i p rr<p>.o~. ' -i•r,'" r: ....q.r, ~ y~.:_. .r-+f.F, d4 i.. wr.. '4u.i - .lr. , . 7 ri+e.M1.N . . :w a.. r•rl.. .r~r, T :T:: ,r:~ Re: request for building variance Date: 12/13/2004 Hardship reasons for request: 1. Currently, my South facing deck is without cover. This creates a use issue during the Summer months when the Sun is directly overhead. it snakes it uncomfortable using the deck rendering this space somewhat useless. 2. The proposed Steeplechase development will be directly to our South border of my property. Currently there will be a home(s) built on the land which will be on a higher elevation (20 feet higher) than my home. The roof system proposed :..will provide additional privacy for my home. we have put in two ponds (with waterfalls) that are approximately 1100 _sq*P,feet in area. Any rain falling on these ponds collect in the pond and- avoid :eiiferiag the drainage system. In addition, much of the xaistall and water in the hlside above the ponds also drain into the ponds. This has relieved my property's contribution to the overall drainage system. I believe that this should ..be . considered in light of any concern of the roof system hurting any drainage •r tfit my property is associated with. Thank you for considering my proposed roof system. Best regards, David Zoe . s."w•i"~.~i"' y-p.,ys. 1w; .r. ,,,'ia' n,.. t: 1(..•~:!,.,; .dk~ ~kf- C;•'-''kTr: ~.'•r:.-.r..;;~'"'i"). 4'~r,.(u~ w;~,:%.,; til •aC :A~~ dry rn,!-z~~F~r:c>.T .r~ ,~8~'4. r~.r L"•1~~`:' .,tit ~t'~r-, 1~3r:~'m,,.r„~r., x 'ty~~~'.. ~ .rY+: $4. y"~~r,+.-' ~~Ri y,'b. ~3riA~ S x~y'' !'~jlrr t. • . • ♦ • e e • • . • e a • • • . • • r * . • r ,,"fir, 7f•`'•~C.,T~,.. t ~~,~.'~i,~.• ~r .a;; ~ ~'M1L' p~3rl•:'fk lF~l''16 1•R. T i. yy•4 ra'. ,h,w~ ~r ri':' flt~.: n.S~: i~::~~:r. ( n -ir J' :'r'nr•ri: : 1•• Try;. itr'.:{r;o: 'iir• r t vr., *b.. r ^'J it S rs~.'id-`r" ~ , I,r v w''F'g. ' "'~i"~•'"W.•',~ •",'e5. ~ s~~~:' w y~>. :?S+P'.6 ' :"s i:r•Si:iC.Nm:wr~ y~ f5. ra0..:.:~iv. r:.Y. i ..43 .t`•ur"a'ti.ri:.r..::.':>4~ `53 Eagan Boundary \ ;Location Map Street Centerline Parcel Area Building Footprint r,.a c L ° cz, 13 - s 4 lv~ J - ® m €a F-i (I ED a GI 4~ add Ca czc s,~ Q ~ ~ ~ ~ O s ~ ® e ty 7 Qy di7 s (f s3 6 f)J ®di i Sale' q ~ ~ fl~ h V ® w o Q 61 p ® f ~ SUwect Site ~ ~m g 4ti Ems' v s ©e l 1000 0 1000 2000 Feel Development/Developer: David Zoe Application: Variance Case No.: 33-VA-19-12-0 Map Prepared using ERSI fvcVlew 3.1. Parcel base map data provided N by Dakota County Office of GIS and Is current as of January 2004. w JF' THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are s Community Devdopment Depart.mnt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Zoe Variance Land Use Map Case No. 33-VA-19-12-04 Zoning Map P P Current Zoning: R-1 R-1 Single Family Residential A B A R-1 PF P P 600 B 600 1100 F.-t Comprehensive Guide Plan Land Use Map P L a L P LD Current Land Use Designation: l J P LD Low Density Residential OF, P A Goo 0 Sao 1200 Fwl P Pareel base map information provid-by Dakota County Lend S-evey Department Jute 2003. N Zoning Mformation maintainetl byClty Stall City of Eagan W E 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 , tificate of Survey for: THOMAS J. MA URER CONSTRUCTION 41LDING SETBACK REQUIREMENTS: Bench Mark= 965.66 Job No. 1318.102 Book/Page: FRONT YARD: 25 Feet TNH, Pinetree Pass near Scale: 1"=30' Date: 3/1/01 SIDE YARD O HOUSE: 10 Feet SE Cor. Lot 6. Block 2. SIDE YARD O GARAGE: 5 Feet Walden Heights 2nd Addition 0 Denotes iron pipe set with a plastic REAR YARD: 15 Feet plug stamped RLS 10943. • Denotes iron pipe found. (x932.90) Denotes Proposed Elevation HOUSE TYPE: FB/R x 932.90 Denotes Existing Elevation PROPOSED HOUSE ELEVATIONS: r Denotes Surface Drainage FINISHED FLOOR ELEVATION = 966.3 MAR AR 0 9 RE 1 ® GARAGE SLAB LOT SIZE 14.516 S.F. TOP OF BLOCS ELEVATION = '4.969.7 HOUSE SIZE 2.592 S.F. LOWEST FLOOR ELEVATION = 1960.8 , 1ti Ir ;T- (LOT COVERAGE) a v~ G1 5}! :j PROPOSED SERER SVC. M. 953;8 ADDRESS: 1480 PINETREE PASS A", r REE . 9 a2 00 x growl 9 R 964.20 PASS ° A- O -rl 1 1 2.63) \ " 54 Proposed 48018 6135 Mountable \ s ?l o Fj-8 o Curb & Gutter n, y .01 'v G. 40.54_x_- 1117.4 -23.3 Benchmark o (966.3) Top of Iron Benchmark Pipe, Elev. 966.72 Top of Iron Pipe, Elev. 'o o c t3.o , 00, o 965.94 43. 0J 0 P (P C13, N • I 10'0 Proposed 2.0 \ W t'CP o 2.0 House m ` Os 0° e \ 10 Cn A ~ I 96~~h O 59.0 ~ - 968.14 3 VACANT -I 21.51 sal crf(.6it v VACANT O ofr, 2 I' x 969.3)` ~N ya O I + 967.15 ~o' ' 1✓~~ . n 3' • 9jgD 91 .4 5 6.35 t„/ V- ---C9 to be relocated Proposed 982 D) per Engineer and ~Ret. Wall ?O I \ Developer BLOCK 1 Setback Line \ 5 L----- - I L-- , o Drainage & Utility e yeas Easement Per Plat i;- 5227 ye55 N89°52'51"E 123.00 Lot 9, Block 1, Walden Heights 2nd Addition, Dakota County, Mn. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the state of Minnesota. John Oliver & Associates, Inc. JOHN I R ATES, INC. N CWil Engineering, Land Surveying, Land Planning 580 Dodge Avenue Z Btk River, Minnesota (612)441-2072 (FAX)441-5665 By: Gary R. rris, Land Surveyo Minnesota License No. 10943 201 A. Travelers Trait suite 200 Burnsville, e, MN 55337 Date: 3/6/01 Rev, 3/9/01 (612)894-3045 (FAx)894-3049 f Z F V W CF / c* = N< QON m W y = cc x ZO O 97 Fx g3 3 in 20 LL. U. QCi i = HZ Q m O r < t < ZLL ~ M W ,Q x O xO O C O W OLL d .O U. IL p w V VO 7ZS i I as i < Y ~ ~ D O W N ~ _ - - - - 3 y W O I W ~ ~ < ~ :r y I ~ ~ N N ~m3 w add 2 O W• I OC d .8/ l P.8 I--~ A" O~ =x Go MI < W W W < H jIK FI J W W X ~Q ER LL w N J= W < C <QO Ot W <H 7Z_ 2 2 i e 3 Gi-3m X0 F F S "o ow Ga W W W k ~pFpF O O_?O~f O; N 3F KY~. W ~ to 10 Q-~ oz-"w ~4 d 0~,zywe ; o~ , LL r 01 it } Q z LJ ' II 'I _ W q ~ m Z 9 ~ N W qq N W i s/l o-s w ro .4.L m I w U. L W I ~ 2r ;y m< Z F H W O Ida 2 S10 ZV N 0 Z OL - WW O> r oc Z I O I I i I Agenda Information Memo January 4, 2005 Eagan City Council Meeting VI. OLD BUSINESS A. PRELIMINARY SUBDVISION (PEARLMONT HEIGHTS) - TIM BOHLMAN ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Rezoning of 12.44 acres from R-2 residential double to PD, Planned Development, for property located at 1565 and 1535 Violet Lane in the NE %4 of Section 16. To approve (OR direct findings of fact for denial) a Preliminary Subdivision (Pearlmont Heights) of 12.44 acres to create 51 lots, for property located at 1565 and 1535 Violet Lane in the NE'/4 of Section 16; subject to the conditions in the Staff report. To approve (OR direct findings of fact for denial) a Planned Development to create 24 twinhomes (48 units) with reduced setbacks on property located at 1565 and 1535 Violet Lane in the NE 1/4 of Section 16; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present Items in bold are new information FACTS: • At the regular December 13, 2004 City Council meeting the city council continued this item to the January 4, 2005 regular meeting in order to address Council and Public Works' concerns about design, setbacks, and lot coverage. • The revised site plan submitted December 28 depicts the northern loop street (Lemieux Circle) as a public street. • The subject site is zoned R-2, residential double which allows twin homes. • The proposed planned development allows for variances to setbacks and platting. The development will be association maintained. • The developer is proposing an overall lot coverage of 20% rather than lot by lot. • Proposed gross density is 3.86 units/acre. The proposed net density is 4 units/acre. The comprehensive land use plan is LD, Low Density 0-4 units/acre. • Public street access is proposed from two public streets within the development. The site plan depicts the extension of a public street from Violet Lane to Lakeview Trail. • The APC held a public hearing on October 26, 2004 and is recommending denial. ISSUES: • The APC recommended denial based on the setback deviations from standard R-2 requirements, and lack of benefit to the City with the PD zoning. • The plans submitted provide detailed dimensions of driveways for lots along the public right-of-way of the proposed public streets. These drawings show how off- ".~g street parking can be accommodated outside the portion of the driveways within public right-of-way, by the use of side-loaded garages (36 of 48 lots), and meeting the 30-foot building setback requirement (10 of 48 lots) adjacent to the public streets. The side-loaded garages proposed are still 10 feet less than the 30-foot setback requirement, 20 feet from public right-of-way. • Proposed Lots 19 & 20 are depicted on the site plan as neither meeting the 30-foot setback requirement, nor with side-loaded garages. The developer is proposing a 25- foot setback for the homes on these lots to reduce impact to the storm water basin in the northwest corner of the site. • The developer has indicated that if the development were to meet the required setbacks, the density desired by the developer could not be achieved 120 DAY AGENCY ACTION DEADLINE • January 25, 2004 ATTACHMENTS (6): APC minutes on pages through 6(+ Staff report on pages through Revised plat and site plan on pa es hrough 23 Letter from neighbor on page " Supplement to Proposal Narrative (includes building coverage spread sheet) on Pages f_!5rthrough Airport Noise Compatibility document on pages/Whrough/409 City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 4 C. Pearlmont Heights Applicant Name: Pearlmont Heights, LLC Location: 1565&35 Violet Lane, in the NE 1/4 of Section 16 Application: Preliminary Planned Development A Preliminary Planned Development to create 48 townhome units. File Number: 16-PD-09-09-04 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 12.44 acres to create 24 lots for 48 twinhomes. File Number: 16-PS-19-09-04 Application: Rezoning A Rezoning of approximately 12.44 acres from R-2, Residential Double to PD, Planned Development. File Number: 16-RZ-16-09-04 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated October 18, 2004. She noted the background and history. Applicant Timothy Bohlman explained the five different floor plans and the difference in square footage. He further explained that as each permit is pulled, they will be tracking the lot coverage and making sure that they have not exceeded the 20 percent allowable lot coverage. He addressed the tree mitigation and landscaping plans. Chair Heyl opened the public hearing. Kip Warner stated concern for the abundance of multifamily housing in the area, decrease in property value, and lack of park space. He asked if there would be street assessments for existing residents. Chair Heyl stated the property is already zoned R-2. And Assessments wouldn't apply. Bob Hunstad, 1502 Violet Lane stated concern for the increase in traffic and the chance that additional roads would be opened. Another neighbor stated concern for the increase in traffic and lack of sidewalks in the area and the proposed development. Michael McTeauge, 1486 Violet Lane asked at what time the applicant will obtain security on the property and when a connection would be established between Lakeview Trail and Violet Lane. Pat Gregg, 3554 Coachman Road stated concern for drainage in the area. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. 60 City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 5 City Engineer Russ Matthys explained that the street system in the area can easily handle the estimated 290 vehicle trips per day that would be generated from the development. He stated there is park property north of the site. He stated the "dead end" signage would not be removed until all of the streets were constructed and accepted by the City. He stated the proposed drainage will be adequate for the development. He stated there will be no special assessments for neighboring property owners due to the proposed development. Planner Cartney explained that the City does not have a code requirement to require a sidewalk in the development. Mr. Bohlman discussed the tree mitigation plan, particularly the North West corner, where the stormwater pond will be constructed and the Western elevation. He stated any damage done to adjacent properties will be corrected. He stated there will be no sidewalks in the development due to the lack of connection to other neighborhoods. He discussed the building materials and stated the starting price for the units will be $400,000, which is consistent with surrounding home values. Member Gladhill stated concern that the traditional R-2 setback requirements are not being met. He stated he will vote against the proposal. He stated disagreement with the applicants plan to wait until the permit process to determine if the 20 percent lot coverage has been exceeded. He was also concerned about the platting process and lot sizes, and that there this plan did not provide support for a PD zoning. Mr. Bohlman explained that the streets were changed from private to public. Member Leeder asked if decks or patios could be constructed, considering the setback requirements. Mr. Bohlman explained that a deck and patio is already considered into each plan. He stated his company does not have legal possession of the property; however he can assist in addressing security concerns. Member Bendt moved, Member Hansen seconded a motion to recommend approval to Rezone 12.44 acres from R-2 Residential Double to PD, Planned Development, for property located at 1565 Violet Lane and 1535 Violet Lane. A vote was taken: Aye: Members Hansen, and Bendt. Nay: Chair Heyl, Members Dugan, Leeder, Chavez, and Gladhill. Motion failed 5-2. City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 6 Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Preliminary Planned Development to create 24 twin homes on property located at 1565 Violet Lane and 1535 Violet Lane subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan A vote was taken: Aye: Members Hansen, and Bendt. Nay: Chair Heyl, Members Dugan, Leeder, Chavez, and Gladhill. Motion failed 5-2. Member Bendt moved, Member Hanson seconded a motion to recommend approval of a Preliminary Subdivision to create 51 lots on property located at 1565 Violet Lane and 1535 Violet Lane subject to the following conditions as amended: 1. The property shall be platted. 2. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 3. The existing home and outbuildings shall be removed prior to development. 4. If the developer petitions the City for the water main extension project, the public improvement project shall.be approved by the City Council prior to final subdivision approval. 5. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards 6. The public trail between Lots 14 and 15 shall be constructed by the developer with the development and prior to issuance of building permits for Lots 14 and 15. 7. The developer shall provide public trail easement over the proposed trail between Lots 14 and 15, prior to final subdivision approval, in a form acceptable to the City Attorney. 8. A temporary sign depicting the trails existence on Lot 14 and 15 is required by the developer. 9. The development shall be responsible for a cash park dedication e~c~ City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 7 10. The development shall include a 20' wide access/trail easement extending north and south from the curb line to the property line between lots 14 and 15, dedicated to the City. 11. A 10' wide bituminous trail extending the length of the easement, built in accordance with City standards, shall be installed by the developer in the easement between lots 14 and 15, prior to any construction on lots 14 and 15. 12. The development shall be responsible for a cash trails dedication, minus a credit of $1800 for the installation the trail in between Lots 14 and 15. 13. The applicant shall fulfill required tree preservation mitigation through the installation of one-hundred two (102) Category B trees, or an equivalent combination of Category A and Category C trees. 14. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off-site (i.e. park trees). 15. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. The development shall meet the City's water quality requirements by creating a set of three stormwater treatment ponds. The stormwater treatment ponds should be constructed according to NURP standards with maximum depths of 6 feet, 10:1 aquatic benches from normal water levels, and outlet structures acceptable to the City Engineering Division 17. A homeowner's association document shall be submitted prior to Final Subdivision approval subject to the City Attorney's review. All common areas shall be conveyed to the homeowner's association. 18. All common area, retaining walls and signage shall be maintained by the homeowners association. 19. The monument sign shall meet City Code requirements. 20. Maximum of 20 percent lot coverage. A vote was taken: Aye: Members Hansen and Bendt. Nay: Chair Heyl, Members Dugan, Leeder, Chavez, and Gladhill. Motion failed 5-2. Chair Heyl stated she is voting against the proposal for the following reasons: the underlying setbacks of R-2 zoning are not being met. The landscaping plan needs improvement. Provisions of the planned development zoning (11.60 18 A 1 and 3) are not met. There is no stated benefit to the city and it lacks creativity as well as an efficient approach to the use of the land. She further stated that she does not object to townhomes or parking in driveways. o13 City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 8 Member Gladhill moved, Member Leeder seconded a motion to recommend denial of Rezone 12.44 acres from R-2 Residential Double to PD, Planned Development, for property located at 1565 Violet Lane and 1535 Violet Lane for the following reasons: Provisions of the planned development zoning (11.60 18 A 1 and 3) are not met. There is no stated benefit to the city and it lacks creativity as well as an efficient approach to the use of the land. A vote was taken: Aye: Chair Heyl, Members Dugan, Leeder, Chavez, and Gladhill. Nay: Members Hansen, and Bendt Motion carried 5-2. Member Gladhill moved, Member Leeder seconded a motion to recommend denial of a Preliminary Planned Development to create 24 twin homes on property located at 1565 Violet Lane and 1535 Violet Lane for the following reasons: Provisions of the planned development zoning (11.60 18 A 1 and 3) are not met. There is no stated benefit to the city and it lacks creativity as well as an efficient approach to the use of the land. A vote was taken: Aye: Chair Heyl, Members Dugan, Leeder, Chavez, and Gladhill. Nay: Members Hansen, and Bendt. Motion carried 5-2. Member Gladhill moved, Member Leeder seconded a motion to recommend denial of a Preliminary Subdivision to create 51 lots on property located at 1565 Violet Lane and 1535 Violet Lane for the following reasons: Provisions of the planned development zoning (11.60 18 A 1 and 3) are not met. There is no stated benefit to the city and it lacks creativity as well as an efficient approach to the use of the land. A vote was taken: Aye: Chair Heyl, Members Dugan, Leeder, Chavez, and Gladhill. Nay: Members Hansen, and Bendt. Motion carried 5-2. V PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2004 CASE: 16-PS-19-09-04 APPLICANT: Tim Bohlman HEARING DATE: October 26, 2004 PROPERTY OWNER: Lemieux Estate APPLICATION DATE: September 29, 2004 REQUEST: Rezoning, Preliminary Subdivision, Preliminary Planned Development PREPARED BY: Sheila Cartney LOCATION: 1565 & 1535 Violet Lane COMPREHENSIVE PLAN: LD, Low Density residential ZONING: R-2, Residential Double SUMMARY OF REOUEST The applicant is requesting approval to Rezone 12.44 acres from R-2, Residential Double to Planned Development, Preliminary Subdivision to create 51 lots and a Preliminary Planned Development to create 24 twinhomes (48 units) with reduced setbacks on property located at 1565 and 1535 Violet Lane in the NE'/4 of Section 16. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11. Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: 6~ Planning Report - Pearlmont Heights October 26, 2004 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: 6 Planning Report - Pearlmont Heights October 26, 2004 Page 3 City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNDIHISTORY The subject site contains two unplatted tax parcels, known as the Lemieux properties. EXISTING CONDITIONS The subject site is currently two parcels each containing a single family home with detached accessory structures. Access is from Violate Lane. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Apartments R-4, Residential Multiple HD, hi density residential South Twin homes, single R-2, residential double and LD, Low density residential family residences PD, Planned Development East Apartments R-4, residential multiple HD, High density residential West Single family homes PD, Planned Development LD, Low density residential EVALUATION OF REQUEST 1. Planned Development Review Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. t917 Planning Report - Pearlmont Heights October 26, 2004 Page 4 Amenities - There is a proposed public trail connection to the park to the north and the pond in the middle of the site with a fountain. There is also a village green area. Homeowners Association - The association will be responsible for maintaining all yards, open spaces, common area, any private roads, snow removal, exterior maintenance of the homes and special features within the site. Staff suggests the homeowners association also maintain the proposed monument sign. The fountain in the pond in the middle of the site should also be maintained by the association. Bulk Standards - As a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the R-2 Zoning District standards. Setbacks - The table below indicates the proposed setbacks for the twin homes and the R- 2 standards. Setback requirements are not established in a Planned Development zoning; however, the developer is proposing deviations from the R-2 standards. Setback Twin Homes Ordinance Proposed Front yard: public street 30 feet 15 feet Side yard: Principal Structure 0-10 feet 0-9 feet Rear yard: Principal Structure 15 feet 7 feet (platted property line 15 feet to perimeter) Side yard: Accessory Structure 5 feet 5 feet Rear yard: Accessory Structure 5 feet 5 feet Between units 20 feet 20 feet Setbacks are measured from the property line to the structure. The proposed plat allows for a five to seven foot setback around the perimeter of the lot (except at the front that is a zero foot setback). If the lots were not platted this way the structures would meet R-2 setbacks, except for the setback from public right-of-way. The developer has submitted a plan that illustrates all R-2 bulk standards being met (except front yard setbacks) including lot size per unit. However, the developer is proposing to plat the property in away to allow more common space to me maintained by the Homeowner's Association rather than individually owned/maintained. Building Coverage - The R-2 zoning district allows for a maximum of 20 percent building coverage. This percentage is normally calculated on a lot by lot basis. The applicant should determine the building coverage for the site; some planned developments have identified the building coverage as an overall calculation rather than a lot by lot basis. Planning Report - Pearlmont Heights October 26, 2004 Page 5 If, in the future, home owners want to deviate from the established building coverage a Planned Development Amendment or variance would be necessary. Building Height - Building height is limited to 35 feet in height for the twin homes. Landscaping - The landscaping plan should be revised to identify what the perennial plantings are and to include trees that are not part of the mitigation plan or identify what trees are existing on the landscape plan. The association should be responsible for maintaining all landscaping within the development. Parkin - The zoning code requires at least two enclosed parking spaces for each dwelling unit. The site plan indicates there are at least two enclosed parking spaces for each dwelling unit. There are no visitor parking spaces provided, the City Code does not have specific requirements on visitor parking. Staff has concerns with the lack of visitor parking. Trash Enclosure - A trash enclosure location was not included on the preliminary plans for the town house development. The trash pick up should be on an individual basis, if a common trash area is available it should be in an enclosure. Exterior Materials - The building materials are going to be a variety of materials, vinyl siding, vinyl shakes siding, synthetic stone veneer with asphalt shingles. The color palette includes neutral colors such as clay, camel, sandcastle, acorn, and heather. Li tin - A lighting plan was not submitted, if lighting is proposed a plan should be submitted as part of the Final Planned Development. No light should reflect onto adjacent property or public right-of-way. Signa,e - A monument sign is proposed to be placed at the entrance of Violet Lane. The sign materials appear to be similar to the principal building materials. A more detailed sign plan is required with the Final Planned Development. The monument sign should conform to the city sign regulations for monument signs; seven feet total height with four foot maximum height of sign area. II. Preliminary Subdivision Compatibility with Surrounding Area- The subject site is surrounded by single family, two family, and multiple family dwellings. Twin homes are not out of character for this neighborhood, the property is currently zoned R-2, Residential Double. Densi - The proposed gross density is 3.86 units/acre. The proposed net density is 4 units/acre. The comprehensive land use plan is LD, Low Density 0-4 units/acre. Lots - The proposed twin home lots range from 2,525 square feet to 4,500 square feet. There are 48 twin home lots and platted common area that is divided by the road. The R-2 zoning district 6~ Planning Report - Pearhnont Heights October 26, 2004 Page 6 requires each lot to be 7,500 square feet in area for a twin home lot with 50 feet of public street frontage or 15,000 square feet for a double lot with 100 feet of public street frontage. The proposed lots street frontage ranges from 34 feet to 45 feet. Lot 49 represents common space, one lot can not be separated by a public street; therefore Lot 49 should be broken up into 3 total lots, total lot count including common area will be 51. Grading= The preliminary grading plan is acceptable. The existing site generally slopes toward the northwest and southeast with elevations ranging from approximately 890 to 860. The grading plan depicts numerous retaining walls throughout the site necessary to accommodate the proposed grades. The development's Homeowners Association should be responsible for the perpetual maintenance of the retaining walls throughout the site. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain overland or via storm sewer pipe to existing wetlands or storm basins on site. The developer proposes to excavate the wetland in the northwest comer to create an improved ponding area for water quality and runoff control. This wetland is drained to the west by an existing storm sewer pipe within the Hampton Heights Addition. The developer should construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. The high water level (100-year, 1% event) for this pond is approximately 9 feet in elevation below the lowest entry of the existing houses within Hampton Heights Addition. Utilities - The preliminary utility plan is acceptable. Sanitary sewer of sufficient depth, size, and capacity are available within Violet Lane to the east of the site. Water main of sufficient size and capacity is also available within Violet Lane. As part of this development, a 30-inch water main needs to be extended through the site from Violet Lane to Lakeview Trail, in accordance with the City Water Supply & Distribution Plan. This extension can be completed in one of two options: 1) as a petitioned public improvement project or 2) privately by the developer to be transferred to the City for future maintenance. If the project is petitioned, the public improvement project should be approved by the City Council prior to final subdivision approval. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation - Public street access is proposed from two public streets within the development. The site plan depicts the extension of a public street from Violet Lane to Lakeview Trail. Existing Violet Lane and Lakeview Trail street stubs were designed and constructed with a 32-foot width and adequate right-of-way to accommodate this street connection. The street plan submitted provides inter-connectivity between the existing and proposed neighborhoods in the area, and provides another traffic reliever outlet for the neighborhood bounded by I-35E to the east and Blackhawk Lake to the south. The estimated traffic from the development and street connection will increase traffic on Violet Lane, but not beyond the limits of what is typically defined as a local residential street. 070 Planning Report - Pearlmont Heights October 26, 2004 Page 7 The City Parks & Recreation Department is requiring the construction of a public trail between Lots 14 and 15 from Lemieux Circle to undeveloped City park land to the north. This trail should be constructed by the developer with the development and prior to issuance of building permits for Lots 14 and 15. A trail easement should be provided in text form and approved by the City Attorney. Easements/ Permits/ Right-of-Way - The developer should provide public trail easement over the proposed trail between Lots 14 and 15, prior to final subdivision approval. A trail easement should be provided in text form and approved by the City Attorney. The trail easement should not be shown on the plat; there should be no gaps in between the lots. Wetlands/Water Quality - The proposed development straddles the City's C- and J-watersheds, the C-district draining toward the river and the J-district draining toward Fish Lake. The developer proposes to meet the City's water quality requirements to treat stormwater on site by directing runoff to a set of three ponds that would be constructed on-site. A wetland area is located in the extreme northwest comer of the parcel. However, this wetland has been determined to be incidental (i.e., non-natural) because its creation is from historical stormwater runoff through a ravine that drains to it. The incidental characterization allows it to be excavated for an effective stormwater treatment pond without requiring replacement under state wetland conservation rules. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). This development would need to meet City standards for stormwater quality detention ponds. Tree Preservation - The tree inventory submitted with this application indicates that there are one-hundred seventy-four (174) significant trees in the inventory. The trees are elms, pines, ash, honeylocust, willow, cottonwood basswood and others. The development as proposed will result in the removal of one hundred-sixteen (116) significant trees (66.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation to replace trees removed in excess of allowable limits calculates to one hundred-two (102) Category B trees. The applicant has submitted a Tree Preservation Plan that shows the installation of one hundred twenty-nine (129) Category B trees. The applicant is proposing to transplant (within the development site) forty (40) significant trees. These trees are counted as being preserved within the submitted tree preservation plan. Planning Report - Pearlmont Heights October 26, 2004 Page 8 The proposed development site also contains one-hundred eighty-four apple trees. These apple trees are not included in the inventory of significant vegetation because they are either in a state of decline or are too small in diameter to fit the city's definition of significant vegetation. Parks and Recreation - The proposed development is located adjacent to City owned, undeveloped park land, approximately 6.3 acres in size (Outlot H). The City parcel is heavily wooded with very steep terrain sloping east to west. There currently is no developed access into the City parcel. Access can be achieved on foot by traversing a steep wooded slope from the east through either an easement to the existing City lift station or an undeveloped parcel obtained by the City through tax forfeiture proceedings. Vehicular access is not possible. Future use of the property as a park remains undefined. Because of the topography and restricted access, options for improvement are limited. The residential neighborhoods surrounding the parcel are currently served by Blackhawk, Quarry and Sky Hill Parks. Concepts for future use may be addressed in the new Park Systems Plan. To effectively manage the parcel, an efficient access is necessary. Natural areas, especially those that are wooded, may be susceptible to disease or by the invasion of non-native species such as buckthorn, both which require physical intervention to control. For this reason, the developer, working in conjunction with park staff, is proposing the inclusion of a 20' wide access/trail easement and 10' paved trail, constructed to City standards extending to the property boundary, between lots 14 and 15. The trail will allow both residents and City staff access to the parcel for any future recreational or maintenance activities. Because the access corridor is being created via an easement versus a land dedication, there is no credit given towards the park dedication requirement. The park dedication shall be satisfied through a full cash dedication. The developer shall be given credit of $1,800 for the installation of paved trail through the access easement as described in the "Parks" section of the report. The credit being calculated in accordance with the lineal foot construction price of a 10' wide paved trail, constructed to City standards, as provided by City Engineers. (Trail Credit; 150'x $12 = $1,800) The balance of any trail dedication due after the credit shall be satisfied through a cash payment. Advisory Park and Recreation Commission - At the APrC meeting on October 18, 2004 the proposal was reviewed as a development item and the Commission recommended approval. The Commission suggested temporary signage on the trail easement between lots 14 and 15 to alert potential buyers of its existence. SUMMARY/CONCLUSION The subject site contains two unplatted tax parcels, known as the Lemieux properties. The request is to rezone from R-2 residential double to PD Planned Development, a preliminary V Planning Report - Pearhnont Heights October 26, 2004 Page 9 subdivision creating 49 lots and a Preliminary Planned Development to create 24 twinhomes with reduced setbacks. The lots are proposed to be platted slightly different than a typical R-2 development. The plat basically outlines the twinhome reducing the setbacks to the property line, but not from the perimeter of the site. The applicant submitted a plan that shows the 7,500 square foot lot per unit can be achieved with this project. The proposed plat configuration is to allow more common space that is maintained by an association rather than individually owned/maintained. The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain overland or via storm sewer pipe to existing wetlands or storm basins on site. Public street access is proposed from two public streets within the development. The site plan depicts the extension of a public street from Violet Lane to Lakeview Trail. Existing Violet Lane and Lakeview Trail street stubs were designed and constructed with a 32-foot width and adequate right-of-way to accommodate this street connection. The street plan submitted provides inter-connectivity between the existing and proposed neighborhoods in the area, and provides another traffic reliever outlet for the neighborhood bounded by I-35E to the east and Blackhawk Lake to the south. The development as proposed will result in the removal of one hundred-sixteen (116) significant trees (66.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. ACTION TO BE CONSIDERED To recommend approval to Rezone 12.44 acres from R-2 Residential Double to PD, Planned Development, for property located at 1565 Violet Lane and 1535 Violet Lane. To recommend approval of a Preliminary Planned Development to create 24 twin homes on property located at 1565 Violet Lane and 1535 Violet Lane. Subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan To recommend approval of a Preliminary Subdivision to create 51 lots on property located at 1565 Violet Lane and 1535 Violet Lane. Subject to the following conditions: ~73 Planning Report - Pearlmont Heights October 26, 2004 Page 10 The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 2, 3, 4, Cl, 2, 4, D1, E1 1. The property shall be platted. 2. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 3. The existing home and outbuildings shall be removed prior to development. 4. If the developer petitions the City for the water main extension project, the public improvement project shall be approved by the City Council prior to final subdivision approval. 5. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards 6. The public trail between Lots 14 and 15 shall be constructed by the developer with the development and prior to issuance of building permits for Lots 14 and 15. 7. The developer shall provide public trail easement over the proposed trail between Lots 14 and 15, prior to final subdivision approval, in a form acceptable to the City Attorney. 8. A temporary sign depicting the trails existence on Lot 14 and 15 is required by the developer. 9. The development shall be responsible for a cash park dedication 10. The development shall include a 20' wide access/trail easement extending north and south from the curb line to the property line between lots 14 and 15, dedicated to the City. 11. A 10' wide bituminous trail extending the length of the easement, built in accordance with City standards, shall be installed by the developer in the easement between lots 14 and 15, prior to any construction on lots 14 and 15. 12. The development shall be responsible for a cash trails dedication, minus a credit of $1800 for the installation the trail in between Lots 14 and 15. 13. The applicant shall fulfill required tree preservation mitigation through the installation of one-hundred two (102) Category B trees, or an equivalent combination of Category A and Category C trees. 14. Tree Protective measures (i.e. orange.colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off- site (i.e. park trees). 15. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. The development shall meet the City's water quality requirements by creating a set of three stormwater treatment ponds. The stormwater treatment ponds should be constructed according to NURP standards with maximum depths of 6 feet, 10:1 aquatic benches from normal water levels, and outlet structures acceptable to the City Engineering Division Planning Report - Pearlmont Heights October 26, 2004 Page 11 17. A homeowner's association document shall be submitted prior to Final Subdivision approval subject to the City Attorney's review. All common areas shall be conveyed to the homeowner's association. 18. All common area, retaining walls and signage shall be maintained by the homeowners association. 19. The monument sign shall meet City Code requirements. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the stafFs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 110~16 15 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSOS STAN OARO.CON r~ FINANCIAL OBLIGATION-Pearlmont Heights-Preliminary Subdivision There are pay-off balances of special assessments totaling $1,230 on the parcels proposed to be subdivided. The pay-off balance will be allocated to the lots created by the Subdivision. At this time, there are no pending assessments on the parcels. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk R2 $.095/Sq. FT. 61,426 Sq. Ft. $5,835 $5,835 t0-Ol'tWt "ON 31{f -DCRf-41 "M1W •o ....uo..uo YN ~]Y! LY31 +s+N!1 "f sgMp0 4aM.t '.nl•,O ^M1nW r+ ' ldldlOPl s~00 '~W N M nnsrl0 ~ ~i -'~~a mx,7Na 1 ne1+1 s~r~oo,-fr~~ 977 SJN9gH JNOIY1NY3d i wIS '.l7 10avd0 m ~wV V~'...n,sVlil oW .IP1L' 11lMt .sMN i !R :801 u N:1530 , uw w> ua,. ;.noon g N N011dItl7S30 uv 3tW ro/St/6 'AM TSB 8DOSS JAHO ~D H0133N 'A 1d nw .qd +m wn rNll.n .W.•., , 1 3 / d '.P NO r S1`JI3H i NOY77dV3d X Ig xs $ &W^n 4 8~ - F - s 5>i Q~ e ~ ~ ~ y s l,W Ln .+?:ili%:!'s i`>ei.. n.•+ molr.rv is -:I I L-------------------~ • IOV 211.K•y0S»pa~ns 1 n - -Fs-• 1 `~S ~Si }'.myna :me.ie. 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III ^ III fl~ ~l1 _ JI ' AI------ F ' llil I'il ^ III ICI lil lid ~~ll ~ _ - ,II r; f,I •~i I~3 111 IL1 ~1__JJI' "ir ,r ~ ~ ~ s 1 ~n Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint tab is, - mmmmm Dot cm, AM Cl © / ® Q _ as W.- ALF A o , Subject Site ~J ~ cp 4 ~ m m ° a ' ew : © q w, 0 G _ _ 6A b a a d - o d.. e ® ® ®r~ 45 6 ~ o ~ ~1 s g ® ® ® a t~ p 9 co a a ~t® m Q oom D 9 ~J L/ m 9 b _ R S ea q3~ D F ~~z ® d E3 1000 0 1000 2000 Feel Development/Developer.. Pearlmont Heights Application: PRELIMINARY SUBDIVISION Case No.: 16-PS-19-09-04 1-1 Map Pre ERSI ArcView 7.1. Parcel base map data provided N by D ota C of GIS and is current as of January 2004. THIS NDED FOR REFERENCE USE ONLY W E city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 Community Deval.pment D.partment not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Pearlmont Heights Land Use Map Case No. 16-PS-19-09-04 Zoning Map Ef F R ° PF ~ -3 PD o DP 0 L: L LB Current Zoning: P -1V 11 1 R-2 Residential Double District Inn D R-2 I PD $ $ B 600 0 000 1200 F..t T~ Comprehensive Guide Plan uy ED Land Use Map OP Efl: EEN EE oaa SA Current Land Use Designation: HO i D SA LD LD Low Density Residential SA SI D L ! 000 0 000 1200 F..t • m Y//_ Parcel base map Info do y Dakoh County LandSway Dapartm.rt Jura 2007. N nfo lion maintained byl:ity Soft City of Eagan W+E THIS MA 1 ENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. 5 i FF i r >-----7 - - --Try k- _ k I i I I 1 I I I , b I I I I i - f - ~ ~ j I j II II I # I I J yiAxev4 TIP TRAIL 7 J _ E ;y I I - I` a I J G G m I I r. r,o o, 0 G G G.~ .Ga I ^ I ~Bf I i " `APPLES TP.EE5 M L J 4S O I r rl / ~ G . 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R = Q t 'I OZ $ =r q; R At [ R E E e~ a _ P~ R Z t C) 2( - : Q >s - PEARLMONT HEIGHTS John Oliver 6 Associates, Inc. I An' cenMr tea ip p~tb.TnRE" DAZE IFfiON DESCR EAGAN. MINNESOTA ^.p Ar w....+M.sr-A. pp,.ewnyan0 +Iwl lei/, Y{uldEl + DESIR! Bf: 9/ISO NO, FOR: l:cenaea prokuion ¢I►hh unM DRAWN Fn: DA € mI er... ss ~IE z°° u,. n«. a +nt N;nn..ela. CHECKED SY PEARLMONT f#7GHTS, GLC leszM, !r, _ Drw FLE:IWA'Ir \ n1Brv finl Yb.rw4 Dwmlu ,1 Ulhm TCM fTIE NA 09/IS/D/ pie. Ne 25~p6 ME NO.: 1801.ID-03 saror'rOSr ON 31U ~-0N ~6°d - - Nv7d NOIlYAd353tld 33x1 1 YN TI! LC31 T -P-ma NFwe•f 'WW iY -P w1[r° td 109r mu ONO , ~ - Aax - 077 'S.LH913H 1NOYI7LY3d g' :K a3N731q ,q°aWrll .NI ro -M N) - +w aW 'I Qn Nx '>e N'JIS3C tuQn_ +rCW n.-'v.-. +ti"--r Vios31W1n''NWJV3 \ NardOns3O nw y w/sr/a :3<rO .JSwW mr wh Fau>v i •pU/ 'SBj8100S5 OP S1H913H 1NOWl2itl3d 22 a a~ 07~ a~ O.n g O N V U ~ ~ a; m m OD ° W YO a tu : W < G us O ~ Gt' Or- G pff, O i= Orx.. 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Inc. a.FB.d b, ~ DATE 9115/04 D11 DESCRWMH EAGAN, MINNESOTA aw ...+w.-+.. nit I Dmw BY: JcN FOR Uekn.N PnNSSbn s el tle DRAWN BY, .ICII Qi Y ONE.. is PEARLMOHT HEIOHT6, LLO~B~ s , DWG FAE: tBatiwt \ Bj)iw. 4r BY Rl.w. B,a.wYk Deugbs J. UNM. Tm FDE• NA aM BreekA,w C.nAn. LMMe4 .0/IS/Dt pb. 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C > C ~ a d m ~'N oto - o-a °=U v-0 ^ z ° ° x-0 o E v c E G ? u G-G c' ° c- L E au m a~ a G 0 0-2 Z ID aCD 03oac'. z oac (L c O 00)c > s a u Q a' -c 3 c = !5 2 J o a a> v U E c1 a~ a ~G c M3_ v w u c~ o-- d~ C: Uf C C G G C a) U a W G L J C) G N N o O O G Z o_ a J C N ni c a - 0 a fl tl1 _ U en N O G C ' U O y- C a N Cy N 'T w v N ms ° C Q) L O U Q O Q N Q. N- N E O a O Ot)t Q) U Q G•- 0 3 QN (7 d r ui G) o yr c C) C> a G z G° m C Q~ cs w N 3 v p ° a)~ a y Oy? Q Cc UUoC Qt 3 O O Ci G Z d' _ 0 G N G -°ccm~~ 4 ~o cua>°~f 3 Q rrOC~ r00- t OL I N04 jl ji y LI LJ - S f_3y i To: Eagan City Hall Council Chambers 15 October 2004 Fm: Jeffery Richards Eagan Home Owner Sub: Development of Pearlmont Heights Case # 16-PS-19-09-04. Dear Sirs: I am a recent resident to the Eagan area and presently reside at 3562 Coachman Road in Eagan. You will note by my address that my property will be affected in some way by the development of the proposed Pearlmont Heights case # 16-PS-19-09-04. My primary concern is the "green belt" that is directly behind by house, this is one of the major reasons among others that the decision to purchase the house was based on. My questions are as follows: 1). How close to my back yard will the development encroach. 2). How many trees will be felled 3). How close to my fence line will this take place. 4). How long will the construction take place. I plan to attend the hearing planed for 26 October 2004 and ask the same questions as indicated above. If possible could you please provide response via email, that would be greatly appreciated. Thank you for your help in this matter. Jeffery Richards 3562 Coachman Road Eagan, MN 55122 612 812 1527 jeffery-richards-737@yahoo.com 2~ f0-01'- ;'ON - crest -e ru"U",'~ 1 . 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SUMTHR Ron Clark Construction & Design 7500 West 78th Street Edina, MN 55439 Mike Roebuck, Senior Project Manager TEL: 952-947-3022 FAX: 952-947-3015 IMUIN D RM EVV Typical home model evaluated: Wescott Pearlmont Heights Eagan, MN I NFCRYM Qd SURMTIFD Set of bid plans including: -Floor plans -Elevations -Section details -Window and patio door STC ratings NE[ SE LEVM FFUUCII Qd IE I I1D Estimated aircraft noise level The general location of project relative to Metropolitan Council Policy DNL 60 contour and the associated 1-mile buffer is shown in IS gure I The location of the project on the Eagan 2004 Zoning map (F1 gure 2) shows that the 1-mile buffer is approximately one-half mile north of Pearlmont Heights. Therefore, the estimated aircraft noise level at the project is DNL 55 or less. However, to ensure a conservative review of construction adequacy to reduce aircraft noise, a noise reduction of at least 20 dBA (required for Zone IV DNL 60-65) is assumed in this review. A~T Aircraft Noise Assessment - Wescott Model - Pearlmont Heights, Eagan, MN 2 December 2004 Page 2 UJgUAXE VFTR STA M P TO MU?E AEEQLME RMLUH Qd IN SCM LEVM Exterior wall/roof construction Wall: 2x6 studs @ 16" o.c.- Exterior finish - 25/32 sheathing/25/32 -R-19 insulation - 1/2" gypboard Roof Engineered trusses 24" o.c. with Asphalt shingles - felt - 1/2" plywood sheathing - R-44 insulation - 5/8" Sheetrock Mechanical ventilation system (no specific information provided) Window and door frame perimeter seals Assumed to be caulked and sealed in accordance with model aircraft noise ordinance. Fireplace Gas-fired glass-enclosed system. Ventilation duct exterior wall penetrations (No specific information provided) Door and window construction Windsor Next Dimension Vinyl Windows STC 28 single hung windows STC 31 windows (if area greater than 4 sq. ft) STC 31 patio doors SkyliQhts None Other exterior wall penetrations Bathroom fans, dryer, cooktop, water heater, etc. Assume caulking and sealing in accordance with model aircraft ordinance. y:\jobs\2004jobs\204099\wescott-rev.doc /0/ Aircraft Noise Assessment - Wescott Model - Pearlmont Heights, Eagan, MN 2 December 2004 Page 3 OMLI XIKE WTH NZI SE FEUL M IN ICI TAINTS Estimated or laboratory-tested STC values of major building components: Exterior wall (estimated) 40 STC Patio doors 31 STC Windows 28 STC Windows 4 square ft) 31 STC Front and rear elevations of the Wescott model evaluated here are shown in F1 gure 3. The window area on the sides of the model is very limited, as can be seen on the main floor plan included as N gure 4. Estimated noise reduction for aircraft noise Overall exterior fagade (exclusive of roof which is STC 45 or greater): Structural Element Area (square feet Walls (net area) 3,243 Windows (STC 28 378 Windows and patio doors (STC 31 531 Exterior doors estimated STC 26) 1 42 Calculated overall exterior Noise Reduction for aircraft noise: 30 dBA Target noise reduction: 20 dBA Great Room (33% window area): Structural Element Area (square feet Wall (net area 365 Windows (STC 28 56 Windows and patio doors (STC 31 19 Calculated overall exterior Noise Reduction for aircraft noise: 29 dRA Target noise reduction: 20 dBA Master Bedroom (41% window area): Structural Element Area(square feet Wall net area 92 Window area STC 28 30 Window area (STC 31 50 Calculated overall exterior Noise Reduction for aircraft noise: 28 dBA Target noise reduction: 20 dBA y: \jobs\2004jobs\204099\wescott-rev.doc /002, Aircraft Noise Assessment - Wescott Model - Pearlmont Heights, Eagan, MN 2 December 2004 Page 4 FINIS AND 03431I;I Q16 It is assumed that the home will comply with good building practices as outlined in the Builders Guide for Single-Family Residential Structures. Land Use Compatibility Guidelines for Aircraft Noise. 1999; 50 pages, Metropolitan Council Publication 35-99-016. Based upon this review, the Wescott model and other models with similar design and window area will comply with the target NR 20 assumed here, which is required for the area within Policy Contour 4 (60 to 65 DNL), even though the Pearlmont Heights development lies outside of the 60 DNL 1-mile buffer zone with sound level estimated a DNL 55 or less. REMEWOMLEE D 2 ZOCEMBER 2004 BV David Braslau TEL: 612-331-4571 David Braslau Associates, Inc. FAX: 612-331-4572 1313 5th St. S.E. Suite 322 EML: david@braslau.com Minneapolis, MN 55414 WEB: www.braslau.com y:ljobs12004jobs1204099\wescott-rev. doc /a.3 uJ : Qvl- w ry--PLOTS4NC,!;k0 Y CS Q V F L'1 ' _ w ti O cq- a r'f n j _ L'" L Y~ 3 m d E r 1 ~ z F rte' ~ v~ Ali Lza 41 ♦ s, st ~I gl ~I =1 I I - , , , , HIM e " PS: c g m c s f W t.. ~ [T] C3 iig o 14 00 , i- ~ ~ t N i i I t C~ ~I . n ! BI.1 i ~ ~i B f /a~ XrW7 k 4 b` ! m t 1 , II a =TP am-~ dd ct~a - ~ u I 1 ~T C - 1 1 - w wag, ~imILA k 5~ gLM F Y.t ie 4 w ~a 4 1 M of jig 1 , )t~~.yy 1 d t ~ O ~ ! k 1 1 8 k ' r G pp5 ~a+ 4 Ski ~ r rree 5RL rr ~ JMC n ra ~ . V Agenda Information Memo January 4, 2005 Eagan City Council Meeting B. STEEPLECHASE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) - CITY OF EAGAN ACTION TO BE CONSIDERED: To adopt a Negative Declaration on the need for a Steeplechase Environmental Impact Statement (EIS) for the Diamond T property located in south-central Eagan in the SE 1/4 of Section 33. FACTS: ➢ At their regular meeting of August 17, 2004, the City Council authorized a discretionary EAW to be prepared. ➢ The project developer, Toll Brothers, Inc., prepared a draft EAW for review by City staff and the City's consultant, SRF Consulting Group. The staff-approved EAW was submitted to the Environmental Quality Board (EQB) on November 1, 2004. ➢ The EQB published the EAW Availability Notice in the EQB Monitor on November 8, 2004, initiating the 30 day Comment Period. The EAW Comment Period ended December 8, 2004. ➢ The Findings of Fact state and respond to the four factors to be considered under Minnesota rules to determine the adequacy of an EAWlneed for an EIS. Based on all available information, City staff and the City's consultant, SRF, believe an EIS is not warranted. ISSUES: ➢ The EAW includes an updated and more thorough analysis of traffic impacts for two scenarios; with and without a Wellington Way connection. The connection issue can be decided as part of the development review. ATTACHMENTS: (5) All five attachments are enclosed in a bound document 1. Introduction to the EAW Response Package. 2. Overview of Comments and Responses. 3. Findings of Fact regarding the need for an EIS. 4. Summary of Cleanup Process. 5. Written comments received during EAW Comment Period, with written responses to substantive comments. Agenda Information Memo January 04, 2005, Eagan City Council Meeting C. REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT (FORMER DIAMOND T SITE) - TOLL BROTHERS. ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Rezoning of 37 acres located at 4889 Pilot Knob Road from A, Agriculture to PD, Planned Development. To approve (OR direct findings for denial) a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1,500 footVariance to the cul-de-sac length for property located at 4889 Pilot Knob Road; subject to the conditions listed in the Advisory Planning Commission minutes. To approve (OR direct findings for denial) a Preliminary Planned Development to create 36 single family units, and 73 townhouse units (109 units) for property located at 4889 Pilot Knob Road; subject to the conditions listed in the Advisory Planning Commission minutes. To approve (OR direct findings for denial) the Wetland Replacement Plan for wetland impacts of the proposed Toll Brothers Steeplechase of Eagan residential development. REQUIRED VOTE FOR APPROVAL Majority of Council Members present FACTS: ➢ At the August 17, 2004 regular City Council meeting, the Council directed the preparation of a discretionary Environmental Assessment Worksheet (EAW). ➢ In April the applicant submitted a similar proposal with 37 single family units and 82 townhouse units (119 units) with a through street to Wellington Way, this application was before the APC at their May meeting. After much public testimony about the Wellington Way connection, and overall development proposal, the applicant withdrew the application and requested to come back to the APC with a revised application in June or July. ➢ The current application is for 36 single family units and 73 townhouse units without connection to Wellington Way, the proposal includes a 2000 foot cul-de-sac. ➢ Subsequent to the May APC meeting, the applicant's environmental consultant discovered the site is contaminated with petroleum and demolition debris in addition to the known manure stockpiles. The applicant has enrolled in many programs to assist in clean up. /V ➢ A Planned Development affords the developer greater flexibility in the design of the development and allows the City to require higher standards in exchange for that flexibility. As proposed there are deviations (lot size, setbacks) from the R-3 standards, the acceptability of these deviations is a policy decision for city officials to determine. ➢ On July 6, 2004, the Wetland Technical Evaluation Panel (TEP) met to discuss the consistency of the project's proposed wetland replacement plan with WCA laws and rules. The TEP is recommending approval subject to a few conditions, as indicated in its Findings of Fact (attached). ➢ At its July 19, 2004 meeting, the Advisory Parks Commission recommended approval of the development request and the revised wetland replacement plan. ➢ A traffic study conducted by SEH determined that the connection to Wellington Way is desirable for the areas transportation system and will not have significant impact the neighborhood roadways to the west and north. ➢ The Advisory Planning Commission held a public hearing on July 27, 2004 and recommended approval only of the rezoning. ISSUES: ➢ Dakota County Plat Commission has not approved the Preliminary Plat as presented and requires a connection from Pilot Knob Road to Wellington Way. ➢ The Wellington Way connection to Pilot Knob Road is preferred by Eagan Fire, Police, and Engineering. ➢ A petition against connection to Wellington Way has been submitted and was included in this packet. ➢ A petition for an Environmental Assessment Worksheet (EAW) has been submitted to the Environmental Quality Board (EQB). Agency Action Deadline: ➢ The agency action deadline was tolled at the time the EAW was ordered by the Council. The deadline is February 19, 2005 (provided the negative declaration is adopted). ATTACHMENTS (6): Advisory Planning Commission Minutes on pa es ~ through Planning Staff Report pages I& through Summary of Diamond T Site Report by Dakota CounWon ages through Letters from MPCA regarding site clean up on pages hrough The Wetland TEP approval Findings of Fact on pages through Neighborhood (including petition against Wellington Way connection) an County correspondence attached without page numbers. /lo City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 6 13. The site lighting fixtures shall be similar to those used at Slumberland for site lighting. All voted in favor. Motion carried 7-0. IV. OLD BUSINESS A. REZONING & PRELIMINARY SUBDIVISION - TOLL BROTHERS A Rezoning of approximately 38 acres from A, Agriculture to PD, a Preliminary Subdivision (Steeplechase Of Eagan) to create 112 lots, and a Preliminary Planned Development to create 36 single family lots and 73 townhome lots, located on the old Diamond T Ranch site on Pilot Knob Road in the SE '/4 of Section 33. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated July 20, 2004. She noted the background and history. Joey Zorn, Toll Brothers, discussed the changes made to the proposal, addressing concerns of the residents, City Staff and the Advisory Planning Commission. Chair Heyl opened the public hearing. Tom Ferber 1518 Wellington Way stated concern for the rezoning of the property and benefits of wetland replacement. Erik Vevea 1496 Sherwood Way stated environmental concerns. Reviewed sequencing requirements. Loni Jacobson 4872 Knottingham Circle stated concern for traffic on the corner of Wellington Way and Knottingham Circle and the safety of the resident. She referenced the Brittany 9th Addition Cul-de-sac Agreement. Wondered if the residents could be compensated if the through street was approved. Kay Hamilton 4872 Knottingham Circle stated concern for the sidewalk plan on Wellington Way and emergency access. Concerned for safety since they use the streets for walking and playing. Dee Bass Knottingham Circle asked about the conservation easement for the pond in her back yard. Tom Sanders 1606 Sherwood Way stated concern for the traffic, the opening and appearance of the proposed gate on the extension of Wellington Way Brad Moir 1510 Wellington Way stated concern for environmental damage beyond the manure removal and continuation of Wellington Way. He asked that legislation be passed to permanently protect Wellington Way. City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 7 Sharon Holbeck 4852 Wellington Court stated concern for the exploitation of Eagan's resources. Keith Meiklejohn 1511 Wellington Way stated concern for traffic, cul-de-sac variance, safety of residents, and the extension of Wellington Way. Mary Brogdon 1519 Wellington Way stated concern for density and neighborhood safety. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Joey Zorn, Toll Brothers asked the Commission to review Condition 18. Planner Cartney stated the correct density is 2.9 units per acre. Chair Heyl summarized the questions for the developer including: what are the benefits for Eagan, level of standards for construction of homes, tree mitigation plan, Dakota County denial of plat application, gate of Wellington Way extension, lack of Park Dedication Fee, wetland delineation, guarantee of environmental cleanup, conservation easement, traffic study and length of cul-de-sacs. Mr. Zorn responded by stating the following: homes will be constructed by higher level builders, the emergency access will have a break away gate that opens upon contact, the Park Commission recommended no Park Dedication Fee, and the conservation easement is for the pond in the southeast corner of the development and for the woodlands to the east (exhibit demonstrated easement). He continued by explaining that they prefer a cul-de-sac over the extension of Wellington Way and would like a condition regarding such, to address the Dakota County Plat Commission. George Kinney, Dakota County Environmental stated the County will be on site to guarantee the clean up of the hazardous materials on the property. He discussed the clean up process and various materials on the property. Gregg Hove, City Forester stated there are variable conditions of tress on the property. He explained that four diseased trees have been found and Oak Wilt has been found on the property in the past. He discussed the City of Eagan's Tree Preservation Ordinance that generally requires a two for one replacement. Member Gladhill stated R-1 zoning is reasonable for this property. Chair Heyl stated the developer has listened to the Advisory Planning Commission, City Staff and the Citizen's concerns extensively. The density meets the 0-4 units per acre restriction. She would like to see more detail on the types of single family and townhomes. She discussed the benefits if Wellington Way was extended and stated that the tree mitigation met City Code requirements. Member Hansen stated concern for the high density of townhomes. City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 8 Member Bendt stated his concern for pollution has been addressed, however he is concerned for emergency access. He stated, in his opinion, the connection of Wellington Way, while not popular, was in fact in the best interest of the area. He complimented the developer and the work that has been done. Member Matthees agreed with Member Bendt, however reiterated that the Advisory Planning Commission stated in May that the City should not settle for a higher density development in order to clean up something it did not create. Member Chavez stated concern for density and use of townhomes. He stated he is opposed to the proposal with the current use of townhomes. Member Gladhill stated the property will be required to be cleaned up with or without development. He is not comfortable with the number of townhomes and feels it should be developed as a single family development. They are not meeting setback requirements and there is nothing in it for the city to warrant the PD. Chair Heyl moved, Member Bendt seconded a motion to recommend approval of Rezoning 37 acres from Agriculture to PD, Planned Development, for property located at 4889 Pilot Knob Road (former Diamond T site). A vote was taken: Aye: Chair Heyl, Members Bendt, Dugan, and Matthees. Nay: Members Gladhill, Hansen, and Chavez. Motion carried 4-3. Member Heyl moved, Member Bendt seconded a motion to recommend approval of a Preliminary Planned Development to create 36 single family units and 73 townhome units for Steeplechase of Eagan located at 4889 Pilot Knob Road (former Diamond T Ranch site) subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Final building lot coverages for each lot (table form) 3. Architectural drawings of house plans including material descriptions. 4. Final Planed Development to be revisited by Advisory Planning Commission. /%3 City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 9 A vote was taken: Aye: Chair Heyl, Members Bendt, and Dugan. Nay: Members Gladhill, Hansen, Chavez, and Matthees. Motion failed 3-4. Member Heyl moved, Member Bendt seconded a motion to recommend approval of a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1500 foot Variance to the cul-de-sac length for property located at 4889 Pilot Knob Road (former Diamond T site) subject to the following conditions as amended: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al 131, 2, 3, 4, C1, 2, 3, D1, E1 1. The property shall be platted. 2. The applicant shall fulfill the required tree mitigation through the installation of four-hundred seventy-eight (478) Category B trees, or an equivalent combination of Category A, B, or C trees. 3. A long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these trees. 4. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 5. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. Stormwater runoff from approximately 92 percent of the site (34.9 acres) shall be treated via a series of on-site constructed ponds and existing wetlands. Minimum volume requirements for such treatment should be acceptable to the City's water resources coordinator. 7. A cash dedication in lieu of ponding is required for the 3.1-acre area of the parcel that is proposed to drain off site to the northwest, southwest, and southeast without any treatment. 8. The WTEP recommends approval of the proposed replacement and monitoring plan provided the.following issues are addressed: ~/OY City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 10 a. Application for an incidental wetland exemption will need to be submitted to the City of Eagan for grading work associated with lot development and Pond 6 within the non-regulated wetlands surrounding Basins C1, C2, and C3. b. A revised table showing proposed public value credit of at least 26, 407 square feet will need to be submitted to the City. Existing wetlands are not eligible for wetland replacement, either new wetland credit or public value credit. (THE CITY HAS RECEIVED THE REVISED TABLE). c. The applicant is responsible for at least 26,407 square feet of public value credit onsite or offsite through a wetland bank. If the wetland banking is not approved the applicant is responsible for all onsite wetland delineation. d. The applicant is responsible for providing evidence that offsite wetland replacement credits have been secured prior to issuance of a grading permit by the City. 9. Minimum 30-foot natural buffers should be provided next to wetlands on the site to support the City's Class IV-Wildlife Habitat designation of these waterbodies. 10. City water resources staff should be involved in an on-site pre-construction, pre- grading meeting to review and coordinate approved plans. 11. The site shall be graded to maintain slopes of 3:1 or gentler on graded slopes. 12. The developer shall be responsible for the construction of retaining walls to City Engineering standards where necessary to match existing adjacent grades. 13. Grading of all roadways (private and public) shall provide for a minimum of 5-foot wide flat area (less than 10% slopes) adjacent to all curbs. 14. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 15. The developer shall install outlet skimmer structures in accordance with City engineering standards on all existing and proposed outlet pipes of ponds with wet pond volumes. 16. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 17. This development shall dedicate public right-of-way along Pilot Knob Road (County Road 31) as required by Dakota County (County plat approval requirement). 18. The development shall dedicate restricted access to Pilot Knob Road on the final plat for the subdivision, except in the area of the connection of the Wellington Way (County plat approval requirement). 19. No emergency` access between cul-de-sacs. f~J City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 11 20. This development shall provide a public street connection to the 5-acre parcel to the northeast (Parcel 050-29) (County plat approval requirement). 21. A variance to the County access spacing guidelines for the Wellington Way intersection with Pilot Knob Road shall be granted by Dakota County prior to final subdivision approval (County plat approval requirement). 22. The park dedication shall be satisfied through a cash dedication. 23. The development shall dedicate a conservation easement to the City over that portion of the site, as seen in Exhibit 12, 'Conservation Easement.' The conditions of said easement to be in a form acceptable to City Attorney, pending approval of the City Council. 24. The development shall install an 8 foot wide bituminous connector trail extending from the existing west Pilot Knob boulevard trail, south and west, behind lots 77 to 84, to the existing County trail, within a 15 foot easement, to be dedicated to the City. Said trail to be built to City standards with the alignment to be determined in consultation with City and County staff. Said trail corridor to be established prior to the construction of homes. 25. The trail dedication shall be satisfied with a credit of $10 per lineal foot being given for the new connector trail and any balance due paid in cash. The credit may not exceed what would be required as a total cash trail dedication. 26. The Developer shall be responsible for preparing homeowners association documents for the development and shall also convey Lots 17, 18, and 19, and the private roads to the Association. The deed and homeowner association documents shall be approved by the City Attorney, prior to release of the Mylars for recording. 27. The developer shall model the impact of the subdivision's runoff into the park ponds for Dakota County evaluation. 28. A phosphorus modeling study to identify non-point sources should be completed for Dakota County Evaluation. 29. A sign easement for Lot 4, Block 3, and Lot 18, Block 2, is required in a form acceptable to the City Attorney. A vote was taken: Aye: Chair Heyl, and Member Dugan. Nay: Members Bendt, Gladhill, Hansen, Chavez, and Matthees. Motion failed 2-5. Member Gladhill moved, Member Chavez seconded a motion to deny the Preliminary Planned Development to create 36 single family units and 73 townhome units for City of Eagan Advisory Planning Commission Meeting Minutes July 27, 2004 Page 12 Steeplechase of Eagan located at 4889 Pilot Knob Road (former Diamond T Ranch site) for the following reasons: 1. No demonstrable benefit to the City of Eagan. 2. Code requirements not met for R-1 or R-3 zoning. 3. Eagan already exceeds Met Council guidelines for attached housing. A vote was taken: Aye: Members Gladhill, Hansen, Chavez, Bendt, and Matthees. Nay: Chair Heyl, and Member Dugan. Motion Carried 5-2. Member Gladhill moved, Member Chavez seconded a motion to deny Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1500 foot Variance to the cul-de-sac length for property located at 4889 Pilot Knob Road (former Diamond T site) for the following reasons: 1. No demonsratable benefit to the City of Eagan. 2. Code requirements not met for R-1 or R-3 zoning. 3. Eagan already exceeds Met Council guidelines for attached housing. A vote was taken: Aye: Members Gladhill, Hansen, Chavez, Bendt, and Matthees. Nay: Chair Heyl, and Member Dugan. Motion Carried 5-2. V. OTHER BUSINESS City Planner Ridley announced that there is a APC workshop scheduled for August 12th 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 Gladhill seconded a motion to adjourn the Advisory Planning Commission meeting at 10:30 p.m. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Ted Gladhill/APC Secretary Camille Yungerberg/Recording Secretary PLANNING REPORT CITY OF EAGAN REPORT DATE: July 20, 2004 CASE: 33-PS-06-04-04 APPLICANT: John Helmer, Toll Bros. HEARING DATE: July 27, 2004 PROPERTY OWNER: Carol Thomas APPLICATION DATE: April 20, 2004 REQUEST: Rezoning, Preliminary Subd. Preliminary Planned Development PREPARED BY: Sheila Cartney LOCATION: 4889 Pilot Knob Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning of 37 acres from Agriculture to PD, Planned Development, a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a Preliminary Planned Development to create 36 single family units and 73 townhome units (109 units) for property located at 4889 Pilot Knob Road (former Diamond T Ranch site) in the SE '/4 of Section 33. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, 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 boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 145 Planning Report - Steeplechase of Eagan July 27, 2004 Page 2 Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. Planning Report - Steeplechase of Eagan July 27, 2004 Page 3 G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property is the former the Diamond T Ranch. The property was used for horseback riding, lessons and events and contained commercial boarding stables. According to the applicant "over the years, the site has been extensively manipulated to accommodate horse-riding operations. Land has been leveled to accommodate parking facilities and riding trails; animal waste has historically been stockpiled in some areas and pushed over slopes and into wetlands with heavy machinery. These practices polluted and degraded wetlands, destroyed trees, and dramatically altered existing topography." For the past eight months the city has received many letters in opposition of extending Wellington Way for development of the Diamond T Ranch. Some residents would like to see a trail connection from the surrounding neighbors to the County Park and some residents are concerned with dumping on the property and horse manure build up. Others are concerned with ponding and drainage. All correspondence is included as a separate attachment without page numbers. In April, the applicant submitted application plans for a rezoning from Agriculture to PD, Planned Development, a 123 lot Preliminary Subdivision, and a Preliminary Planned Development to allow 37 single family units and 82 townhome units (119 total units), with /ao Planning Report - Steeplechase of Eagan July 27, 2004 Page 4 connection to Wellington Way from Pilot Knob Road. A public hearing was held before the Advisory Planning Commission on May 25, 2004. After much public testimony about the Wellington Way connection, and overall development proposal, the applicant withdrew the application and requested to come back to the APC with a revised application in June or July. EXISTING CONDITIONS A single family home is present onsite, with the intention to be sold and moved off the premise. The stables and other outbuildings are in the process of being removed. The site is heavily wooded in various locations and there is a wetland and pond present onsite. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zonin Land Use Designation North Single family residence R-1, Single family LD, Low Density Residential residential South Lebanon Regional Park P, Park P, Park East Church, Single family, PF, Public facility, R-1, PF, Public facility, LD, Low park Single family residential, Density residential, Park Park West Single family residence R-1, Single Family LD, Low Density residential Residential EVALUATION OF REQUEST 1. Planned Development Review Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. The applicant's narrative indicates that this is a unique residential development because of the proposed "walking trails and walks, trail connection to Lenanon Hills Regional Park, Curvilinear roadway system that encourages traffic calming, ample front yard setbacks that create grand front yards and open site lines, protection and enhancement of significant wetland features, removal of diseased and stressed trees and replace with new trees, and creation of a "village green" for community gathering and neighborhood recreational opportunities." Amenities - The developer is proposing a "village green" area for the townhomes. The village green is preserved open space for "community gathering and neighborhood recreational opportunities." The village green should be maintained by the Homeowner's Association. The single family homes have a sidewalk proposed leading to a trail to Lebanon Hills Regional Park. Planning Report - Steeplechase of Eagan July 27, 2004 Page 5 Homeowners Association - A homeowner's association shall be established for this development. Lots 17, 18, and 19, Block 2 shall be maintained by the homeowner's association as well as the private streets, the townhome lots and the monument signs. The emergency connection to Wellington Way should also be maintained by the homeowner's association. All common lots shall be deeded to the homeowner's association Bulk Standards - as a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the R-3 and R-1 zoning district minimum and maximum standards. Setbacks - The table below indicates the proposed setbacks for the townhomes and the R- 3 standards and the proposed setbacks for the single family homes and the R-1 standards. Setback requirements are not established in a Planned Development zoning; however, the developer is proposing significant deviations from the R-3 standards. The R-3 setbacks are required from the perimeter of the site, as proposed each lot is platted and the setbacks are from the property lines. If the townhomes were not individually platted the majority of the townhomes would meet the perimeter setback requirement (one unit is 20 feet from the perimeter). City policy makers should determine the suitability of the request. Setback Town Homes Ordinance Proposed Front yard Steeplechase Way 30 feet 25 feet Front yard private street 20 feet 20 feet Side yard: 30 feet 5 feet Rear yard: 30 feet 20 feet Between units 20 feet 20 feet Setback Sin le family Ordinance Proposed Front yard: Pilot Knob Rd 50 feet 50 feet* Front yard: Wellington 30 feet 30 feet Side Yard: Principal Structure 10 feet 10 feet Side yard: Accessory Structure 5 feet 5 feet Rear yard: Princi al Structure 15 feet 15 feet Rear yard: Accessory Structure 5 feet 5 feet * Add on features may not meet setbacks as indicated by this table Building Coverage - The R-1 and R-3 zoning district allows for a maximum of 20 percent building coverage. According to the Site Plan, the overall site will have about 14.2% building coverage. All but nine single family lots meet the maximum 20% building coverage. The nine lots have a coverage between 20.2 and 23.6% these include Lots 11 and 16, Block 1 and Lots 1, 2, 3, 6, 7, 15 and 16 Block 12. Technically the townhouse lots individually exceed 20% building coverage; however, each lot is adjacent to a significant amount of common area. a~ Planning Report - Steeplechase of Eagan July 27, 2004 Page 6 If, in the future, home owners want to deviate from the established building coverage a Planned Development Amendment or variance would be necessary. Building Height - Building height is limited to 35 feet in height for the town homes and single family homes. The submitted elevation plans do not indicate building height, as part of the final planned development the height of the buildings shall be established. Staff suggests the development maintain the 35 foot height maximum. Landscaping - Single family developments are not typically subject to landscape requirements, however there will be tree preservation/mitigation trees located throughout the single family area. R-3 zoning districts require a landscape plan with any new development. The submitted Landscape Plan is not a typical plan; the developer is proposing different options per unit type. The end units and central units have different plantings, because the end unit has more planting room. All plantings are proposed to be shrubs and there is no landscape plantings proposed in the rear yard. The tree mitigation plan provides for trees in the rear yard. Tree mitigation plantings are not considered part of required landscaping. The proposed townhome lots are smaller than typical townhome developments and lack room for additional plantings. Accepting the tree mitigation trees to the rear of the lots rather than additional landscaping is a policy matter for City Officials to determine. Parkin - R-3 parking requirements include at least one enclosed or underground space and at least one outdoor parking space per unit. The plans show two enclosed garage spaces per unit and two driveway spaces per unit. There are 34 visitor parking stalls scattered throughout the town home portion of the development. The parking stalls are proposed to be 9 feet by 20 feet. Trash Enclosure - A trash enclosure location was not included on the preliminary plans for the town house development. The Zoning code does not address trash enclosures for this type of residential development. If the development is going to use some type of community dumpster, it should be enclosed in a structure(s) made of materials compatible with the development. Exterior Materials -The submitted color renderings do not indicate building finish materials, there appears to be an undefined siding and brick for the townhome development in neutral colors. Staff suggests to the Council and developer that a cementious siding be utilized. The Final Planned Development documents should provide more detail. Lighting - A lighting plan was not submitted, as part of the Final Planned Development a lighting plan should be submitted for the town house development. No light should reflect onto adjacent property or public right-of-way. Si a e - Two entry monument signs are proposed with this development. Both signs are located at the entrance of Pilot Knob Road. One sign is located on Lot 4, Block 3 and the other is located on Lot 18, Block 2. All signs are to be maintained by the homeowners association and should be placed on each lot by an easement. All signage should meet City Code Standards. Separate detailed sign plans are required for Final Planned Development. /c~-3 Planning Report - Steeplechase of Eagan July 27, 2004 Page 7 Advisory Park and Recreation Commission - This proposal was before the Advisory Park and Recreation Commission (APrQ as a development item at the May 17, 2004 meeting. The APrC continued this item until the June 14, 2004 APrC meeting. The APrC had concerns with the tree plan, horse manure, wetlands and water quality and are waiting for the Technical Evaluation Panel (TEP) recommendations. This item was not before the APrC on June 14`h because of the requested continuation, the APrC did review the revised application on July 19, 2004. The APrC did recommend approval of the proposed Steeplechase application with 13 conditions. The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. II. Preliminary Subdivision Proposal - The applicant proposes to develop the 37 acre site with 36 single family lots (109 units) and 73 town homes and on a 112 total lots. As proposed this will be a single phase development. Access is proposed via Pilot Knob Road with a 2000 foot cul-de-sac. Compatibility with Surrounding Area - The subject site abuts Pilot Knob Road. Single family uses are located to the north, east and west of the property. Lebanon Hills Regional Park is located to the south and east of the property. The town homes are proposed to abut the park and the single family lots will be on the north side of the property with four lots abutting Pilot Knob Road. Single Family residential uses are consistent with the surrounding area, town homes are being introduced to the area with this proposed development. Densit - The proposed overall density is approximately 2.9 units/acre. The property is guided low density residential allowing 0-4 units/acre. Lots - The townhomes are proposed to be individually platted. According to the R-3 zoning standards town homes require 6,000 square feet of area per unit. The lots range from 2,868 square feet to 6,922 square feet with an average of 3,853 square feet. The proposed Planned Development zoning allows deviations to this standard. The 36 single family lots range in area from 13,491 square feet to 26,021 square feet. The minimum lot size in the R-1 zoning district is 12,000 square feet; all of the lots meet this requirement. Gradin - The site has large variations in topography with elevations ranging from 940 to 1000. All lots within the subdivision are proposed to be graded with initial development. The grading plan shows large areas with relatively steep slopes (3 horizontal feet: 1 vertical foot or steeper). The site should be graded to maintain slopes of 3:1 or gentler on newly graded slopes. The grading plan shows an area along the northern edge of the site adjacent to Lot 12, Hillcrest Addition where the proposed grades do not match the existing grades on that lot. The developer should be responsible for the construction of retaining walls where necessary to match existing Y Planning Report - Steeplechase of Eagan July 27, 2004 Page 8 adjacent grades. Development grading is shown at or within Lebanon Hills Regional Park boundaries along a majority of the southern edge of the site. Grading should be limited to within the development site only. Grading of all roadways (private and public) should provide for a minimum of 5-foot wide flat area (less than 10% slopes) adjacent to all curbs. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's codified land disturbance and erosion control regulations. Storm Drainage- The storm water runoff from a large majority of the development is proposed to drain via public storm sewer and ponding before discharging to Lebanon Hills Regional Park (LHRP) to the south. Most of the site drains to landlocked basins within LHRP, with potential future trunk storm sewer pipe connections to Jensen Lake. Jensen Lake ultimately drains to Holland Lake near Cliff Road. The City Council has approved a project (City Project 905) regarding storm water drainage from the Park in the area of Holland Lake near Cliff Road. The proposed design of the storm water ponding system is designed to provide flood storage and protection for rainfall events consistent with current City standards. A small portion of the development site will drain northwest to an existing storm sewer system. This area is proposed to be smaller in size than what currently drains to that storm sewer system. The developer should install outlet skimmer structures in accordance with City engineering standards on all existing and proposed outlet pipes of ponds with wet pond volumes. Water Quality - This proposed 38.0-acre subdivision is located primarily in the upper portion of the City's LP 1 -Watershed, which flows west to east through numerous Class I, III, and IV waterbodies in Dakota County's Lebanon Hills Regional Park. Immediately downstream of the parcel and in the county park is Jensen Lake, a state public water and a Class II Indirect Contact Recreation waterbody, according to the City's Water Quality Management (WQMP). The northwesterly quarter of the parcel is in the BLP-Watershed and drains through Walden Heights Park to Thomas Lake, which is a Class I Direct Contact Recreation waterbody, according to the WQMP. The developer proposes to address City on-site stormwater quality requirements primarily by treating runoff via a series of six ponds and wetlands, two ponds of which would be new and one pond of which would be modified. A 2.4-acre area (Drainage Area 1) on the north side of the parcel is proposed to drain to a new, low-lying "dry" pond (Pond 1). Drainage Area 2 (15.8 acres) would receive stormwater from Drainage Area 1 and drain to new Pond 2. Drainage Area 3 (2.3 acres) would receive stormwater from Drainage Areas 1 and 2 and drain to an existing stormwater pond (City Pond LP-56), which is a Class IV Wildlife Habitat waterbody, according to the WQMP, and then drain to Jensen Lake. Drainage Areas 4, 6, and 7 (11.8 acres) would drain to Pond 6, which is the central portion of a flooded basin that historically had three small wetlands peripheral to it. The WQMP also classifies this basin as a Class IV Wildlife Habitat Planning Report - Steeplechase of Eagan July 27, 2004 Page 9 waterbody. Pond 6 would equalize its level with Ponds 4 and 5, two of the historically small wetlands in the flooded basin. Drainage Area 5 (2.6 acres) would drain to Pond 5, which would drain into Lebanon Hills Regional Park on a greater than 100-year frequency or as desired with a manually controlled outlet structure. The 3.1-acre area of the parcel that is proposed to drain off site to the northwest, southwest, and southeast without any treatment would be subject to a cash dedication. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). The impervious proportions of the drainage areas would be used to calculate overall minimum treatment volume requirements for water quality purposes. Wetlands - The wetland delineation report for the project site (GME Consultants, Inc.; Project No. 10745) identifies five wetland basins subject to the City of Eagan's jurisdiction according to the Minnesota Wetland Conservation Act (WCA). Any proposals to drain, fill, or excavate these wetlands need to meet all provisions of WCA laws and rules. The report identifies the five wetlands as Basins A through E. Basin A, mentioned previously as City Pond LP-56, is considered a Type 4 wetland, under the classification system of the Fish and Wildlife Service. Type 4 wetlands are inland deep fresh marshes in which the soils are usually covered with six inches to three feet or more of water' during the growing season. Vegetation may include cattails, reeds, and bulrushes. In this case, broad-leaf deciduous trees are in a semi-permanent flooded basin. Basin B is known as City Pond LP-7.2, which is also a Class IV Wildlife Habitat waterbody according to the WQMP. The delineation report identifies this wetland as a Type 3 wetland. Type 3 wetlands are inland shallow fresh marshes that are permanently inundated with six or more inches of water during the growing season. Vegetation includes grasses, bulrushes, and various other marsh plants such as cattails, arrowheads, and smartweeds. Basin C is identified as a flooded depression area that historically held three small wetlands. Together, they are considered Type 3 wetlands, according to the delineation report. Basin D, located near the north central portion-of the site, is also considered a Type 3 wetland by the delineation report. Basin E, located near the east central portion of the site, is not typified by the delineation report. However, it likely is a Type 3 wetland. There is significant evidence that all five wetlands have suffered varying degrees of degradation and varying amounts of fill by previous landowners. Degradation appears to be due to combined affects of horse manure leachate, horse trampling, and stormwater flooding. 42/2 Planning Report - Steeplechase of Eagan July 27, 2004 Page 10 Wetland Replacement Plan - Due to the complexity of the wetland-related issues of this development, the City assembled its Wetland Technical Evaluation Panel (WTEP) to provide technically accurate and objective recommendations on the project relative to the consistency of the project's proposed wetland replacement plan with WCA laws and rules. The WTEP is comprised of staff with technical wetland expertise from the Dakota County Soil and Water Conservation District, the Board of Water and Soil Resources, and the City of Eagan. The WTEP review process occurred from June 3, 2004 through July 6, 2004. State regulations require the City to consider WTEP recommendations in its decision making process. According to the wetland replacement plan, the developer proposes to fill entirely Basins D, E, and one of the historical wetlands of Basin C (26,407square feet of fill). The plan proposes to replace those impacts by withdrawing 26,407 square feet of off-site wetland banking credits and by creating 26,407 square feet of public value credit as stormwater treatment ponds and wetland buffers. The proposed amounts of replacement meet the minimum 2:1 standards of the WCA rules. According to state law, before the City can approve such wetland impacts and replacement, the developer must document to the City's satisfaction specific attempts made in priority order to avoid, minimize, rectify, and reduce the impacts. All of those principles have been satisfactorily met. The City Council is scheduled to make a decision on the replacement and monitoring plan August 17, 2004, which is before the September 2, 2004 decision deadline. ANIMAL WASTE Historical use of the land as a commercial horse riding and boarding stable has significantly impacted portions of the site. Of primary concern to water quality are large deposits of manure which have been spread near slopes that ultimately drain to Basin C. Much of this manure has been in place for a number of years, but its stability and current nutrient leachate potential is unknown. Historical files on the parcel indicate dialogue and concerns expressed by residents and the City to the former landowner with involvement by the Minnesota Pollution Control Agency (MPCA). The City's concerns related to violation of the Conditional Use Permit for the horse stable business. The MPCA's concerns related to manure leachate and direct nutrient runoff into the wetland areas causing high fecal coliform counts. The MPCA also was concerned about animal feedlot operations. Utilities- Sanitary sewer of sufficient size and capacity is available at existing Wellington Way at the west edge of the site. However, the sewer pipe is not at an elevation to serve the entire development by gravity flow and a lift station will be required. The preliminary utility plan shows gravity sewer to serve nine units of the 109 proposed with the development, the lift station will serve 100 units. The lift station should be constructed in accordance with City engineering standards. / 110, C72 ? Planning Report - Steeplechase of Eagan July 27, 2004 Page 11 Water main of sufficient size and capacity is also available at Wellington Way for connection and extension through the site. A water main connection to loop the system within the development will also be made at an existing stub from the Hillcrest Addition to the north. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- Proposed Street Layout - The preliminary street layout plan is not acceptable. The plan shows a 2,000-foot long public cul-de-sac (named Wellington Way) extending west from Pilot Knob Road, without connection to the existing portion of Wellington Way. The 2,000 foot cul-de-sac should have a different name than Wellington Way since a connection is not proposed. The City Code allows for a maximum cul-de-sac length of 500 feet a Variance is necessary for the requested cul-de-sac length. The town homes in the southern one-half of the development are proposed to also be served by a long private street cul-de-sac system with one intersection to the proposed public street. The preliminary street layout plan submitted by the developer does not provide for a connection to existing Wellington Way, and no inter-connectivity with the existing neighborhoods to the west and north. Police Department - The Police Department has some concerns with the proposed development to the site. Comments suggest that southbound right turn lane into the development from Pilot Knob Road be provided. It was noted that a connection to the Wellington Way neighborhood from Pilot Knob Road would make it easier to navigate to the scene and reduce the number of intersections the responding offers would have to incur. There are 270 miles of roadway in the City of Eagan; it seems unrealistic to expect an emergency responder to remember there is an emergency access at the end of a long cul-de-sac. The issue of maintaining the emergency access was also questioned. Fire Department - The Fire Department indicated that a Wellington Way connection from Pilot Knob is preferred to increase safety, minimize pedestrian interference and enhance response time to that area. Existing/ Planned Street Network - Section 33 - The street extension of Wellington Way, and its ultimate connection to Pilot Knob Road, was planned as part of the overall phased development of Section 33 in the City. The right-of-way configuration for this phasing was provided with the development of the Brittany Additions in the early to mid-1980's. Agreements were signed by the developer stating this intent, and the temporary dead-end was designed and constructed to accommodate this extension. The homes in the neighborhood in Section 33 are surrounded by Cliff Road, Johnny Cake Ridge Road, and Pilot Knob Road, and Lebanon Hills Regional Park with six current access points to the collector roadway system, with four intersections onto Cliff Road (at Thomas Lane, Stonecliffe Drive, Beacon Hill Road, and Ridgecliff Drive) and two locations onto Johnny Cake Ridge Road (at Covington Lane and Sherwood Way), with none currently to Pilot Knob Road. The connection of Wellington Way to Pilot Knob Road will provide the final access point for the existing 700 single-family homes and 160 townhomes in the area. (See attached maps of Section 33 Street System/ Traffic Counts) 8 Planning Report - Steeplechase of Eagan July 27, 2004 Page 12 Recent daily traffic counts for Covington Lane east of Johnny Cake Ridge Road, Stonecliffe Drive south of Cliff Road, and Beacon Hill south of Cliff Road exceeded 1,600 vehicles per day. 2004 traffic estimates for Sherwood Way east of Johnny Cake Ridge Road are in excess of 1,400 vehicles per day. These traffic volumes are near the upper limits of typical residential street traffic. City staff has received consistent requests from residents within the Pinetree Pass neighborhoods to reduce the amount of traffic on Stonecliffe Drive. The extension of Wellington Way to Pilot Knob Road would be expected to reduce traffic on Stonecliffe Drive, and the other streets that currently intersect with Cliff Road and Johnny Cake Rdige Road. Traffic Study (See attached study & update memo). - The City directed the professional engineering firm of SEH, Inc. to perform a traffic study for the area to determine the estimated impact of vehicle traffic from the existing and proposed homes on Wellington Way and the expected level of service at the new connection at Pilot Knob Road. The traffic study indicates that the proposed development, with the Wellington Way connection, will not significantly impact the neighborhood roadways to the west of the development. An anticipated 25 percent distribution of new development generated trips to the west and north will be essentially canceled out by the redistributed trips from adjacent existing developments onto Wellington Way, thus creating equal or lesser amounts of traffic on the neighborhood streets near major collectors to the north and west. The traffic study anticipates that the trips from the proposed development, with the Wellington Way connection, will not significantly impact the neighborhood roadways to the west of the development due to the existing trips from neighborhoods within Section 33 that will now be redistributed onto Wellington Way. The traffic estimated for Wellington Way (approximately 930 trips per 24-hour period) is within the limits of what is typically defined for a local residential street (1,000-1,500 trips per day). During the peak hours of morning and afternoon traffic with the connection, the existing portion of Wellington Way is expected to accommodate about one vehicle per minute. Examples of residential streets within Eagan carrying similar traffic are Letendre Street (east of Heritage Lane in northwest Eagan), Carnelian Lane (east of Rahn Road in the west-central part of the City), and Deerwood Drive (east of Pilot Knob Road in central Eagan). The estimated 930 daily vehicle trips are a little more than half the traffic currently accommodated on Covington Lane, Stonecliffe Drive, and Beacon Hill Road (all in excess of 1,600 vehicles per day) near their intersections with Cliff Road and Johnny Cake Ridge Road. With the connection of the proposed Steeplechase/Diamond T development to Wellington Way the proposed development's intersection with Pilot Knob Road would be expected to operate at an acceptable level of service. With no development within Lebanon Hills Regional Park immediately to the south of the existing neighborhoods and good traffic carrying capacity on Johnny Cake Ridge Road, Cliff Road and Pilot Knob Road, the potential for "cut-through" traffic in the neighborhood is not a reasonable assumption. ~9 Planning Report - Steeplechase of Eagan July 27, 2004 Page 13 Dakota County Review (See attached letter) - The Dakota County Plat Commission has reviewed the preliminary subdivision plat and access to Pilot Knob Road will not be approved by the Commission without the street connection to Wellington Way. This would require all access for this development to come through the internal neighborhoods to the north and west. The Commission views the through street connection as vital to traffic flow in Section 33. In their review letter to the City regarding this subdivision, the Plat Commission indicates that "A connection between this development and the existing local street system to the west is required to facilitate an integrated system". Also required by the Plat Commission before approval of the plat is a public street connection to the 5-acre parcel (Parcel 050-29) to the northeast of this development to eliminate the future need for access to Pilot Knob Road, and a variance to the County road spacing guidelines for the Wellington Way intersection. Conditions of Approval - Streets/Access/ Circulation - This development should extend Wellington Way from its existing terminus to Pilot Knob Road. This development should provide a public street connection to the 5-acre parcel to the northeast (Parcel 050-29). A variance to the County access spacing guidelines for the Wellington Way intersection with Pilot Knob Road should be granted by Dakota County prior to final subdivision approval. Easements/ Permits/ Ri t-of-Wa- This development should dedicate public right-of-way along Pilot Knob Road (County Road 31) as required by Dakota County. The development should dedicate restricted access to Pilot Knob Road on the final plat for the subdivision, except in the area of the connection of the Wellington Way intersection. RLK Environmental Assessment - RLK, the applicant's consulting Engineering firm working on the proposal conducted an Environmental Assessment of the former Diamond T Ranch site. The full document is on file with the Community Development Department, below is a brief summary of the information contained in the document. The assessment concluded that the site has been affected by "different contaminants including petroleum, demolition debris, manure residuals, septic drain field residuals and dead, dying and stressed trees." The assessment determined that the site should be cleaned up regardless of development, if not cleaned up the situation will worsen and have adverse effects on the site and surrounding area. Site clean up is proposed with this development. Development on the site may impact surface water on and off site. The vegetation and tree cover will be significantly altered with development of this site. The assessment indicates that a noteworthy amount of trees are affected by oak wilt and chestnut borer. Removal of trees will require onsite tree mitigation. The applicant has entered into many programs to assist in cleaning up the site. They have established a Development Response Action Plan and Construction Contingency Plan. This plan is being submitted to the Minnesota Pollution Control Agency's (MPCA) Voluntary 1,3o Planning Report - Steeplechase of Eagan July 27, 2004 Page 14 Investigation and Cleanup (VIC) and Voluntary Petroleum Investigation and Cleanup (VPIC). A letter from Braun Intertec is included addressing these programs. Tree Preservation - A tree inventory submitted with this application indicates that there are seven-hundred fifty-five (755) significant trees in the inventory for the entire site (detached home area plus attached home area). The significant trees consist mainly of Oak, Boxelder, and Elm. The development as proposed will result in the removal of a total of five-hundred twenty-six (526) significant trees (69.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this development proposal will be calculated based upon the specific use of different parts of the site. The northern third of the site will have single- family detached homes; allowable removal for this area is set at 40%. The southern two-thirds of the site will have single-family attached (multi-family residences); allowable removal for this area is set at 47.5%. The table below shows proposed tree removals. Detached Attached Units Units Allowable Removal 40% 17.5% Existing Trees 176 579 Proposed Removal 152 374(64.6%) 1(86.6%) 1 Required Mitigation 184 294 With a proposed removal greater than the allowable amount, there is a required tree mitigation for this proposal calculated at four-hundred seventy-eight (478) Category B trees. The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree mitigation through the installation of 385 Category B trees and 70 Category A trees, for a total equivalent of 525 Category B trees. The proposed Tree Preservation Plan states that "additional trees, not listed as being removed, may need to be removed due to grading revisions required during the approval process. Alterations to the total trees removed shall be mitigated to city requirements". It is up to City Policy makers to accept the unknown amount of additional tree removal. Per city standards, trees intended to be preserved on-site, shall have tree protection fence placed around them, with no encroachment inside fenced areas, and no additional tree removal shall occur without the approval of the City Forester. Dakota County Parks staff have suggested that a buffer along the common property line be installed. Parks and Recreation Parks - The area of the development is currently serviced by a variety of parks with a wide variety of amenities within the recommended radius of a service area for a neighborhood park of %2 to 3/4 of a mile. The largest of the parks, Dakota County's, Lebanon Hills Regional Park, extends the entire length of the developments south boundary. The park provides a number of recreational opportunities including, hiking, mountain biking, canoeing, pavilions, and a play structure. The Jenson Lake recreation area is located approximately %4 mile from the 1 Planning Report - Steeplechase of Eagan July 27, 2004 Page 15 development and will be directly accessible via a proposed trail connection. Much of Lebanon Hills is dedicated to preservation with hundreds of acres of quality woodland left undisturbed. The development area is also serviced by two existing City parks, George Ohmann and Walden Heights. Each of the parks has a play structure and field space. Ohmann is a heavily used athletic facility that includes a small shelter building. Both are available via a trail or low volume residential road. The development proposes the inclusion of a "village green or commons" that would be available only to residents of the development and maintained by the owners association. Because of the private nature of the space, no dedication credit could be given though the concept of a useable, private recreational space has been encouraged in developments having a similar unit count. The slopes, degraded condition of large portions of the site, and allowable density do not appear conducive to propose the dedication of park land, though there may be opportunity for the dedication of conservation easements. Easements over the more sensitive slopes, pond buffers and the quality woodlands of a site are very common. Because the under lying title for the property would remain as part of the development, no dedication credit would be given. The Developer has suggested in concept, the creation of conservation easements over sensitive areas surrounding the southwest pond and over significant tree preservation. Further clarification from the Developer may be necessary. Trails - At the suggestion of staff, the development includes the installation of an 8 foot bituminous connector trail, extending from the existing Pilot Knob boulevard trail, through a portion of the development to the existing County Park trail. The County trail runs under Pilot Knob to the east, via an existing tunnel, to the Jenson Lake recreation area and beyond. To the west, the County trail connects into a number of internal amenities including mountain bike and hiking trails. A direct trail connection from the existing boulevard trail on Pilot Knob has been sought for some time. The intention being to negate the need to cross Pilot Knob, to access County and City park facilities located on the east side of Pilot Knob. Dakota County has indicated general acceptance of the trail connection into the County park system. They have requested that signage be installed informing park users that bikes are not allowed in the park except on the designated bike trails. Should the connector trail be installed, the development would be given trail credit, utilizing the City formula of $10.00 per lineal foot. Any balance due would be paid in cash. The development plan also proposes the installation of a concrete sidewalk on the north side of the new residential street. While functional, credit would generally not be given for what are considered internal trails that are developed primarily at the discretion of the Developer. Dakota County Parks Comments - The grading plan has eliminated encroachments, any physical encroachment during construction (such as grading and tree loss) into park property is not allowed. Shared trees on the boundary should be removed only with Parks Department concurrence. Soil erosion into the park must be prevented. The preliminary grading plan does not depict any silt fence of define construction limits adjacent to the park. a 3 Planning Report - Steeplechase of Eagan July 27, 2004 Page 16 The townhome on Lot 76 as proposed is too close (only 25 feet) from the edge of the right-of- way easement. The trail underpass concentrates and constricts recreational use, including hikers, skiers and continued equestrian use. The easement route is also used by parks department's motor vehicles and heavy equipment, including large cross-country ski groomers. There is no information on the impact of stormwater runoff in the landlocked ponds in the southwest portion of the subdivision that could overflow south into a limited-capacity landlocked pond in the park (Wetland 33). The developer's consultant has agreed to model the impact of the subdivision's runoff into the park ponds for County evaluation. Excessive phosphorus runoff into the park could degrade water quality and recreational usefulness of the park. A phosphorus modeling study to identify non-point sources should be completed for County evaluation. 133 Planning Report - Steeplechase of Eagan July 27, 2004 Page 17 SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning of 37 acres from Agriculture to Planned Development, a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a Preliminary Planned Development to create 36 single family lots and 73 townhouse units for property located at 4889 Pilot Knob Road, the former Diamond T Ranch site. As a Planned Development the developer has greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. As proposed there are deviations (lot size, setbacks) from the R-3 standards, the acceptability of these deviations is a policy decision for city officials to determine. Building height is limited to 35 feet in the R-3 zone, the submitted building elevations for the townhomes do not indicate a building height, and staff suggests the development maintain the 35 foot height maximum. Staff has received many letters in opposition of extending Wellington Way through this development. Other letters address illegal dumping onsite, manure build up, ponding and drainage. The correspondence is attached without page numbers. The landscape plan submitted is not a typical landscape plan; the developer is proposing different options per unit type. There are no landscaping plantings proposed to the rear of the units, tree mitigation trees are shown in the rear yard. Accepting the tree mitigation trees in the rear yard rather than additional landscaping is a policy matter for City Officials to determine. The proposed design of the storm water ponding system is designed to provide flood storage and protection for rainfall events consistent with City standards. The proposed storm water treatment is acceptable. The Wetland Technical Evaluation Panel met to discuss the consistency of the project's proposed wetland replacement plan with WCA laws and rules. The WTEP has recommended approval as long as four conditions are met which are listed in the conditions of approval. The Dakota County Parks have commented on the proposed development and have some concerns. The townhome on Lot 76 is only 25feet from the edge of County right-of-way easement. The right-of-way is an easement, not platted right-of-way, as such, the City does not typically require a setback from an easement; City officials should determine if additional setback is warranted. According to Dakota County Parks, the developer's consultant has agreed to model the impact of the subdivision's runoff into the park ponds for County evaluation. A phosphorus modeling study to identify non-point sources should be completed for County evaluation. The preliminary street layout plan is not acceptable. The plan shows a 2,000 foot cul-de-sac extending west from Pilot Knob without connection to Wellington Way; this is a deviation from the 500 foot maximum. The preliminary street layout does not provide for a connection to existing Wellington Way and no inter-connectivity with the existing neighborhoods to the west and north. A traffic study conducted by SEH has suggested that that connection to Wellington Way will not significantly impact the neighborhood roadways to the west and north. The Dakota /3 ~ Planning Report - Steeplechase of Eagan July 27, 2004 Page 18 County Plat Commission indicated prior to approval the development should show access to the 5-acre parcel to the northeast of this development. The Dakota County Plat Commission will not approve any development without a connection to Wellington Way. Eagan Engineering and Public Works are requiring a connection from Pilot Knob Road to Wellington Way through this development. Eagan police and fire prefer a connection from Pilot Knob to Wellington Way. ACTION TO BE CONSIDERED To recommend approval of Rezoning 37 acres from Agriculture to PD, Planned Development, for property located at 4889 Pilot Knob Road (former Diamond T site). To recommend approval of a Preliminary Planned Development to create 36 single family units and 73 townhome units for Steeplechase of Eagan located at 4889 Pilot Knob Road (former Diamond T Ranch site). If approved the following conditions shall apply: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Final building coverages for each lot (table form) To recommend approval of a Preliminary Subdivision (Steeplechase of Eagan) to create 112 lots and a 1500 foot Variance to the cul-de-sac length for property located at 4889 Pilot Knob Road (former Diamond T site). If approved the following conditions shall apply: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: AI BI, 2, 3, 4, CI, 2, 3, D1, E1 1. The property shall be platted. 2. The applicant shall fulfill the required tree mitigation through the installation of four-hundred seventy-eight (478) Category B trees, or an equivalent combination of Category A, B, or C trees. 3. A long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these'trees. 4. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. /2,5 Planning Report - Steeplechase of Eagan July 27, 2004 Page 19 5. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. Stonnwater runoff from approximately 92 percent of the site (34.9 acres) shall be treated via a series of on-site constructed ponds and existing wetlands. Minimum volume requirements for such treatment should be acceptable to the City's water resources coordinator. 7. A cash dedication in lieu of ponding is required for the 3.1-acre area of the parcel that is proposed to drain off site to the northwest, southwest, and southeast without any treatment. 8. The WTEP recommends approval of the proposed replacement and monitoring plan provided the following issues are addressed: a. Application for an incidental wetland exemption will need to be submitted to the City of Eagan for grading work associated with lot development and Pond 6 within the non-regulated wetlands surrounding Basins C1, C2, and C3. b. A revised table showing proposed public value credit of at least 26, 407 square feet will need to be submitted to the City. Existing wetlands are not eligible for wetland replacement, either new wetland credit or public value credit. (THE CITY HAS RECEIVED THE REVISED TABLE). c. The applicant is responsible for at least 26,407 square feet of public value credit onsite or offsite through a wetland bank. If the wetland banking is not approved the applicant is responsible for all onsite wetland delineation. d. The applicant is responsible for providing evidence that offsite wetland replacement credits have been secured prior to issuance of a grading permit by the City. 9. Minimum 30-foot natural buffers should be provided next to wetlands on the site to support the City's Class IV-Wildlife Habitat designation of these waterbodies. 10. City water resources staff should be involved in an on-site pre-construction, pre-grading meeting to review and coordinate approved plans. 11. The site shall be graded to maintain slopes of 3:1 or gentler on graded slopes. 12. The developer shall be responsible for the construction of retaining walls to City Engineering standards where necessary to match existing adjacent grades. 13. Grading of all roadways (private and public) shall provide for a minimum of 5-foot wide flat area (less than 10% slopes) adjacent to all curbs. 14. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 15. The developer shall install outlet skimmer structures in accordance with City engineering standards on all existing and proposed outlet pipes of ponds with wet pond volumes. 16. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 17. This development shall dedicate public right-of-way along Pilot Knob Road (County Road 31) as required by Dakota County (County plat approval requirement). 18. The development shall dedicate restricted access to Pilot Knob Road on the final plat for the . subdivision, except in the area of the connection of the Wellington Way (County plat approval requirement). /31=1 Planning Report - Steeplechase of Eagan July 27, 2004 Page 20 19. This development shall extend Wellington Way from its existing terminus within the Brittany Additions to Pilot Knob Road (County plat approval requirement). 20. This development shall provide a public street connection to the 5-acre parcel to the northeast. (Parcel 050-29) (County plat approval requirement). 21. A variance to the County access spacing guidelines for the Wellington Way intersection with Pilot Knob Road shall be granted by Dakota County prior to final subdivision approval (County plat approval requirement). 22. The park dedication shall be satisfied through a cash dedication. 23. The development shall dedicate a conservation easement to the City over that portion of the site, as seen in Exhibit 12, `Conservation Easement.' The conditions of said easement to be in a form acceptable to City Attorney, pending approval of the City Council. 24. The development shall install an 8 foot wide bituminous connector trail extending from the existing west Pilot Knob boulevard trail, south and west, behind lots 77 to 84, to the existing County trail, within a 15 foot easement, to be dedicated to the City. Said trail to be built to City standards with the alignment to be determined in consultation with City and County staff. Said trail corridor to be established prior to the construction of homes. 25. The trail dedication shall be satisfied with a credit of $10 per lineal foot being given for the new connector trail and any balance due paid in cash. The credit may not exceed what would be required as a total cash trail dedication. 26. The Developer shall be responsible for preparing homeowners association documents for the development and shall also convey Lots 17, 18, and 19, and the private roads to the Association. The deed and homeowner association documents shall be approved by the City Attorney, prior to release of the Mylars for recording. 27. The developer shall model the impact of the subdivision's runoff into the park ponds for Dakota County evaluation. 28. A phosphorus modeling study to identify non-point sources should be completed for Dakota County Evaluation. 29. A sign easement for Lot 4, Block 3, and Lot 18, Block 2, is required in a form acceptable to the City Attorney. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 139 ,2o, 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 STAN OARD.CON ST /3 I FINANCIAL OBLIGATION-Preliminary Subdivision-Steeplechase of Eagan There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The ay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Trunk S.F. $1,040/Lot 110 Lot $114,400 Storm Sewer Trunk (1) S.F. .095/Sq. Ft 915,050 Sq. Ft. 86,929 Storm Sewer Trunk R.3 .11875/Sq. Ft. 457,525 Sq. Ft. 24,695 Total $226,024 (1) Areas for storm sewer trunk computation will be finalized at time of and areas of dedicated pond easements at 3 feet above normal high water level. D 2, , C O U N T Y July 1, 2004 City of Eagan Attention Marilyn Wucherpfemmng Surveyor's Office 3739 Pilot Knob Road Dakota gounq Eagan MN 55122-1810 Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 Re: STEEPLECHASE OF EAGAN 952.891.7087 The Dakota County Plat Commission met on June 28, 2004, to consider the preliminary plat of Fax 952.891.7097 www.co.dakotamn.us STEEPLECHASE OF EAGAN. Said plat is adjacent to CSAH 31, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The revised preliminary plat includes a new street layout that severs the connection between this parcel and the subdivisions to the west through Wellington Way. The plat now includes a 2000- foot cul-de-sac private road connected to a 2000-foot cul-de-sac single-family road that has the only external access to Pilot Knob Road (CSAH 31). While the City submitted this developer's revised plat, city engineering staff noted the desire to have the Wellington Way connection go through to the west as shown on previous submittals. The Plat Commission views a through street connection system vital to this area. This connection needs to be made between the existing development to the west and this plat to provide integration of the county road and the local road system, as shown on previous submittals. A cul-de-sac directly to CSAH 31 as the only access for this development is not acceptable. This connection is required to serve not only this new development but also, the existing residential development to the west and north. To provide further integration, ensure that the county highway system functions properly, and to avoid a future access that does not meet spacing guidelines to CSAH 31, a connection is also required to serve the five-acre parcel to the northeast. The City of Eagan and the developer need to work together to determine the best method of providing access to these parcels. In addition, a connection from the private road to the single-family road should be considered near the west end of the plat to provide better service and eliminate a 2000-foot cul-de-sac private road. It is also recommended to have a connection to the two parcels in the exception area located to the northeast portion of the plat. This prel_irrninary plat was not approved. The %fowing issues are required and need to be addressed prior to Plat Commission approval: 1) A connection between this development and the existing local street system to the west is required to facilitate an integrated system. 2) A connection is required to serve the 5-acre parcel to the northeast. 3) Spacing between the proposed access and existing street connections along CSAH 31 is less than the required spacing. The Plat Commission needs to see a request from the city for a variance to the spacing guidelines for Wellington Way at Pilot Knob. The Ordinance requires submittal of preliminary and final plats before a recommendation is made to the County Board. R 77 C II IV D~ U _ G 2004 Pr .d on wycled pWK with WX posttonamer a w Z' Nl iQJ/w 0-;f'LTUtt HVLO'IS City of Eagan Page two July 1, 2004 Traffic volumes on CSAH 31 are 17,800 and are anticipated to be 28,500 ADT by the year 2025. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's. Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with.the Transportation Department to discuss design features of any construction in public right of way. The County Transportation Department permit process reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, allowance and size of medians, etc. Sincerely, z ~ ?iar ~ 7 Todd B. Tollefson Secretary, Plat Commission c: John Gorder, Assistant City Engineer Tom Colbert, Public Works Director RLK Kuusisto, Ltd. Toll Brothers BRAUN Braun Intertec Corporation , Phone: 952.995.2000 11001 Hompshire Avenue S Fox: 952.995.2020 INTERTEC Minneapolis, MN 55438 Web: brounintertec.com July 21, 2004 Project BL-03-01600B Mr. Sheila Cartney City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Cartney: Re: Development Response Action Plan and Construction Contingency Plan for the Steeplechase of Eagan site, 4889 Pilot Knob Road, Eagan, Minnesota Please find attached a copy of the Development Response Action Plan and Construction Contingency Plan (DRAP/CCP) for the Steeplechase of Eagan site for you to enclose in the Planning Commission Packet. The DRAP/CCP is being submitted to the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Cleanup (VIC) and Voluntary Petroleum Investigation and Cleanup (VPIC) programs for their review and approval. The Dakota County Environmental Management Department and the MPCA Feedlot and Waste Management and Wastewater Sector Programs also are being asked to comment on the document. The DRAP/CCP addresses cleanup of known environmental impacts at the site that have been identified through Phase I and Phase 11 environmental site assessments (ESAs) conducted for the site. The DRAP/CCP also establishes procedures that will be used if contaminated materials are encountered during site redevelopment. The proposed cleanup or response actions that will be implemented during site redevelopment include the following: • Removal and off-site disposal of dump materials located in the southeastern portion of the site. According to the Phase H ESA, diesel range organic (DRO) and polynuclear aromatic hydrocarbon (PAI) impacts are present in the dump materials, as well as a large amount of construction debris some of which contains asbestos. Following removal of the dump materials, soil samples will be collected to evaluate if additional cleanup is needed. • Petroleum-impacted soil located in areas where used oil drums were located will be excavated and disposed of off site. Following removal of the impacted soil, soil samples will be collected to evaluate if additional cleanup is needed. • Removal and off site composting of manure. During excavation of the manure, silt fencing and other mitigation/protection measures will be used to prevent storm water impacts from the areas where manure is being removed. Following manure removal, the underlying soil will be tested to evaluate whether impacts from the manure build up are present and if additional cleanup is needed. • Removal and treatment of nutrient-impacted sediment. Nutrient impacted sediment from wetlands on site will be excavated as part of development, and remaining sediment will be treated to prevent nutrients from migrating downstream. • As part of development, a surface water monitoring program will be implemented to evaluate surface water quality. If the monitoring effort indicates surface water at the site is impacted, additional measures will be proposed to the MPCA to mitigate any impacts. Providing engineering and environmental solutions since 1957 City of Eagan Project BL-03-01600B July 21, 2004 Page 2 During response actions, an environmental technician will be on site to monitor and document cleanup activities. In addition, contingencies will be established to manage potential contamination that is encountered during redevelopment of the site. If you have any questions, please contact me at (952) 995-2454. Sincerely, BRAUN INTERTEC CORPORATION f A. Force Project Manager City Planner Ltr 26. 0 MEMORANDUM EAGAN POLICE DEPARTMENT ~ 3830 Pilot Knob Road Eagan, MN 55122 POLIO 651-675-5700 651-675-5707 FAX DATE: June 30, 2004 TO: Chief Kent Therkelsen FROM: Officer Todd Kirchgatter SUBJECT: Observations for the Steeplechase of Eagan development As requested, I am providing information on the public safety access for the proposed Steeplechase of Eagan development. The first safety issue I noticed with this development is the lack of a right turn lane from SB Pilot Knob Road to go west onto Wellington Way. SB traffic is heavy during the PM peak hour times. The addition of a right turn lane would significantly reduce rear end collisions at that time, and all others. There already exists a dedicated left turn lane for NB traffic to go west at this intersection. That same lane doubles as a left turn lane for SB traffic as well. In looking at the entire square mile (Johnny Cake Ridge Road to the west, Pilot Knob Road to the east, Cliff Road to the north and Lebanon Hills Regional Park to the south), I made several observations relating to public safety. Due to the fact that Wellington Way is the street to be extended, I will use it in describing what I observed, using the east end of the cul-de-sac. When I counted homes, I seldom counted those where the back or side yards are adjacent to the roadway. I mainly counted homes with driveways on the route. All mileage is approximate. Emergency Access without the Wellington Way Connection to Pilot Knob Road If an emergency call is received on Wellington Way and the responding emergency vehicle is coming from the east, say the intersection of Pilot Knob Road and Cliff Road, your closest route to Wellington Way under current design is to travel west on Cliff Road to Thomas Lane and then go south. If taking that route to Wellington Way, the emergency vehicle would have to travel 1.3 miles to the east end of the current Wellington Way cul-de-sac. During that trip, that car will have to go through 11 intersections and pass by approximately 81 homes. Another option would be to continue west on Cliff Road, past Thomas Lane for.5 miles and use Beacon Hill Road and go south. Including the extra.5 miles on Cliff Road, that car would travel 1.35 miles to the east end of the current Wellington Way cul-de-sac. This route would require the emergency vehicle to travel through 14 intersections and pass approximately 69 houses. Emergency Access with the Wellington Way Connection to Pilot Knob Road By comparison, if there was access via Wellington Way an emergency vehicle coming from the Pilot Knob and Cliff Road would travel approximately .9 miles to the east end of the current Wellington Way Steeplechase Emergency Access June 30, 2004 Page two Cul-de-sac. During that trip, that car would have to go through 2 intersections and pass by approximately 37 homes. This access would provide a quicker and objectively safer route to emergency calls as described. Other Issues The next issue I would like to address is geography. From a public safety standpoint, finding your way around in this particular area is difficult. The current access available to emergency responders requires them to negotiate a large number of intersections, as described above to reach the Wellington Way cul- de-sac. A responding emergency vehicle operator would likely need to rely upon a map, or, in the future, GPS technology to be assured of using the most direct route through this area. Adding another access from Pilot Knob Road into the entire neighborhood would make it a easier to navigate by reducing the number of streets and intersections that must be navigated, at least to the S/B part of the square mile. This would reduce the response time to that same area simply by not having to stop and consult the map as many times. The last issue is the "public safety only" access between the Wellington Way cul-de-sac and the proposed Steeplechase cul-de-sac. I think there are several items to note here. First, the access would have to be maintained or cleared, especially in the winter time. It would have to be large enough for all emergency vehicles, including fire trucks. For this access to be practical it would have to be easy to get through. If it isn't, it defeats the time saving issue it's trying to solve. If it is easy to get through, then the general public will try to use it, creating calls/complaints to the police department from the area residents. Also, with approximately 270 miles of roadway in Eagan, it would be unrealistic for an emergency responder to remember that there is a "public safety only" access at that particular cul-de- sac. Please let me know if you have any further questions or comments. C/ Fire Chief Bob Kriha Eagan Planning Department g Eagan Boundary Location Map O Street centerline Parcel Area Building Footprint /"J 0 D ~ ~ [„i u' Cp' g p ~ (~L' Q o. Y16la' ~ Q ® 9 ® ~ ~ 6~ ! 8 ~ 3 G ~6• a 4~ 6'' $G' 6 r ~s ~i ~ 0 r°" $ 13 p Q Ea X. e - rr E ~ i~ 10 w S D 8 ~ ° - ® ~ ~ f ~ ~ p~d ~ ~ ®F Q ® ~ Db ~ t3 g EA Q ~ ~ ~ w d•~ ;5 m B 8 ~o~oa d ~o a 9P a 9 a Dd Sy osr W & 6 B W. • © 0 f 9 d_ w d ;e ®ee 8 ate 46 ~ o r3 • g ~ ra , Q st 13 L'FJE © a Le M. 8 fl ~S 40 Subject a ~•rfr. lid Site ( o oZg6 ®v R i l oe a e i ~V 7000 D 1DD0 20DO Feel Development/Developer. Toll Brothers Application: Rezoning, Prelim Subdivision Case No.: 33-PS-06-04-04 Map Prepared using ERSI ArcVkw 3.1. 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J z I O O~ Q ~ F- m 0-z /I W LO Z 0 CV 1 1- ►-z c w~ U) O I W I Wg~ p 0 V t- ; I O~ W}J QJ wwJ WQ J I ww ZZ - z z .J Lai " J W ;i 0 1 rr~~ I Q) ~ 13: ~a5 - ~r I 1 3 ~ • y 3--------- - 3--- - ~o 0 0 ~ _ zoo S E ~s '~~c ~ dJ ~~1 7G7 -,~.IF<~ ]Jit3 f ROADAA- 82: 1 ROADWAY 1 1 0 ;I r Op y- m M CENTER w a N f 1566 CURRENT ADT = = 1669 CURRENT ADT CLIFF OAD CLIFF ROAD EBB s pl - - G-;H d } O 191 `CURRENT d N - - AD IN O w O U. J~ . W __.,e N PA) " w G g~ 1 R gECGP _ N E B O _ Ci CI ERWO D Z e 9 O D i wA GRAI w ! PROPOSED Q g W I G O STEEPLECHASE S E ' W WAY DEVELOPMENT O a1 0 W E ° Y _ o ,m `Z S E~ W T. Hq Z U 1452 CURRENT ADT M Y Z 144 CURRENT ADT 1360 ADT W/ CONNECTION _ 930 ADT W/ CONNECTION 760 ADT w/out CONNECTION d O O Hills Regional park Lebanon ADT = Average Daily Traffic ( 24 Hour Count) G•I~as Re ort Stee lecho e SECTION 33 - STREET LAYOUT Johnny Cake Ridge Road/Cliff Rd./ 7/15/04 City of Eagan Pilot Knob Road/Leb Regional Park it CENTER g m Q INSTALLED 2000 P K INSTALLED 1980 INSTALLED 1981 TO 2002 TO 1988 = . O v CLIFF OAD CLIFF ROAD c• II ®tb ,I ~ I T t Y z i- r 1 = I J U p p I~~ I o o L) W z _ . ~ E RAIJ c Q I N E 5 050-29 B yr z cl ERWO INSTALLED 1983 W , WA GRACI O b p W PROPOSE { Q I G O STEEPLECHASE E w / DEVELOPMENT 0 I ` WA w O kHE p W GI 0 Y 1 - O m ISkMobd WY O hq,~ I 'Y I I Z j INSTALLED 1979 _ OR EARLIER INSTALLED 1986 O O on Hills Regional Park Leban .g-os Re orts tee lechcse2 SECTION 33 - Existing/Planned Street Network Johnny Cake Ridge Road/Cliff Rd./ 7/16/04 City of Eagan Pilot Knob Road/Leba on ill Regional Park RECEIVED JUL 1 6 2004 SEH EAGAN ENGINEERING DEPARTMENT Jul 15, 2004 RE: Eagan, Minnesota Diamond T Ranch Traffic Study SEH No. A-EAGAN0411.00 14.00 Mr. John Gorder, PE Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear John: At your request, I am providing this letter as a supplement to the revised Diamond T Ranch Traffic Study, dated June 1, 2004. Since the traffic study was completed and with the input received at the May 25, 2004 Planning Commission meeting, the developer has revised the site plan to a lower density and without a connection to the existing Wellington Way. The purpose of this letter is to discuss the impacts of those changes on the traffic study. The change in development density is from 37 to 36 single family homes and from 82 to 73 townhomes. The reduction in traffic volume associated with this lower density of development is not very significant. The a.m. peak hour trips generated by the development will be reduced from 64 to 59, the p.n1 peak hour trips will be reduced from 81 to 75, and the daily traffic will be reduced from 835 to 772. If the development does not connect to the existing Wellington Way, the level of service (LOS) for the eastbound Wellington Way traffic at Pilot Knob Road remains the same. The a.m. peak hour LOS remains at LOS D, and the p.m. peak hour LOS remains at F, although the delay per vehicle is reduced from 67.5 seconds to 53 seconds. In addition, it appears obvious that without the connection, the traffic volumes on the existing Wellington Way cul-de-sac will remain at their present level. If the development was to connect to the existing neighborhood, the reduction in traffic volume with the less dense development would not create any operational differences from what was identified in the traffic study. If you have any questions with regard to this additional information, please contact me at your convenience. Sincerely, Thomas A. Sohrweide, PE, PTOE Manager, Transportation Engineering Services tlo x: =kagmr10411001cortespondencc*order071504. doc Short Elliott Hendrickson Inc., 3535 adnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer www.sehinc.com J 651.490.2000 1 800.325.2055 1 651.490.2150 fax Diamond T Ranch Traffic Study Eagan, Minnesota . -EAGAN0411.00 SEH No. A May 13, 2004 SEH Mulcidisciplined. Single Source. Trusted solutions for more than 75 years. Diamond T Ranch Traffic Study Eagan, Minnesota SEH No. A-EAGAN0411.00 May 13, 2004 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Mnnesota. 0. Thomas A. Sohrweide, PE, PTOE Date: ~j Lic. No.: 20943 Reviewed by: W~ 51,6104- Date Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 / 3, Executive Summary The City of Eagan has received a proposal to develop the Diamond T Ranch area in the southern portion of Eagan located on the west side of Pilot Knob Road between Cliff Road and the south city limits. The Steeplechase of Eagan Development calls ful 3ingle-LQL1AL1JY e-de-al units. The development is also planned to connect to Pilot Knob Road on the east and Wellington Way on the west. This study was conducted to determine the impact of the proposed development on existing roadways and the proposed intersection with Pilot Knob Road. It is estimated the proposed development will generate 835 vehicle trips per day. Of those trips, 210 trips will be added onto the existing portion of Wellington Way. Additionally, 582 vehicle trips per day will be added onto Wellington Way from adjacent developments as a result of the new connection with Pilot Knob Road. The existing homes on Wellington Way generate 144 trips per day. Therefore, we estimate the proposed development and the extension of Wellington Way will generate 792 new trips and 936 total trips daily onto the existing portion of Wellington Way. The development's intersection with Pilot Knob Road was analyzed to determine the impact of the proposed development. The analysis shows the proposed intersection of Wellington Way and Pilot Knob Road will operate adequately with the addition of the new development traffic and the redistributed traffic due to the extension of Wellington Way. Assuming the proposed intersection operates as a unsignalized, one-way stop control on Wellington Way with free flowing traffic on Pilot Knob Road, the intersection operates at a LOS "A" for the AM and PM peak hour. Although the eastbound left turn movement would operate at LOS "F", this is not unusual during peak hours at a stop controlled intersection. It is anticipated the trips from the proposed development will not significantly impact the neighborhood roadways to the west of the development due to the existing trips that will now be redistributed onto Wellington Way. The traffic increase on Wellington Way is within the limits of what is typically defined as a local residential street. Diamond T Ranch Traffic Study A-EAGAN0411.00 Eagan, Minnesota 60 Table of Contents Certification Page Executive Summary Table of Contents Page 1.0 Introduction .............................................................................................................1 2.0 Data Collection ........................................................................................................1 3.0 Analysis ...................................................................................................................1 3.1 Trip Generation .................................................................................................2 3.2 Trip Distribution 2 3.3 Capacity Analysis 2 3.4 Additional Neighborhood Concerns 3 4.0 Summary ......................3 List of Figures Figure 1 - Proposed Development Figure 2 - AM Peak Hour Traffic Volumes Figure 3 - PM Peak Hour Traffic Volumes Figure 4 - Daily Traffic Volumes List of Appendices Appendix A Traffic Count Data Appendix B Capacity Analysis SEH is a registered trademark of Short Elliott Hendrickson Inc. Diamond T Ranch Traffic Study A-EAGAN0411.00 Eagan, Minnesota Page i May 13, 2004 Diamond T Ranch Traffic Study Prepared for Eagan, Minnesota 1.0 Introduction The City of Eagan has received a proposal to develop the Diamond T Ranch area in the southern portion of Eagan located on the west side of Pilot Knob Road between Cliff Road and the south city limits, as shown in Figure 1. The Steeplechase of Eagan Development calls for 82 townhomes and 37 single- family residential units. Access to the development is also planned to Pilot Knob Road on the east and Wellington Way on the west. This study was conducted to determine the impact of the proposed development on existing roadways and the proposed intersection with Pilot Knob Road. 2.0 Data Collection The proposed development will have ingress and egress via the intersections of Wellington Way/Pilot Knob Road, Sherwood Way/Johnny Cake Ridge Road, and several intersections to the north. To analyze the impact of the proposed development on the existing area, peak hour traffic count data was obtained for the following intersections: • Sherwood Way/Johnny Cake Ridge Road • Pilot Knob Road/Cliff Road • Thomas Lake Road-Stonecliff Drive/Cliff Road Turning movement traffic counts were conducted at Sherwood Way/Johnny Cake Ridge Road on April 28, 2003 and at Pilot Knob Road/Cliff Road on April 29, 2003 during the AM and PM peak hours. Turning movement counts conducted on August 9, 2001 for the AM and PM peak hours at Thomas Lake Road-Stonecliff Drive/Cliff Road were obtained from Dakota County. This traffic count data is included in Appendix A. 3.0 Analysis To analyze the impact of a development on an existing street system, the amount of traffic to be generated from the development needs to be determined. The analysis is then conducted for the AM and PM peak hours of the surrounding road system. A-EAGAN0411.00 A5 Page 1 3.1 Trip Generation The 7 h Edition of the Institute of Transportation and Engineers Trip Generation Manual is the recognized source for estimating the amount of traffic to be produced by a particular type of development. This manual indicates single-family residential homes generate approximately 9.57 trips e. aau n 75 trine rinrina thr+ AMDe,alr hn nri 1 (11 trips during the P11r1 peak hour. It also indicates residential condominiums/townhouses generate approximately 5.86 trips per day, 0.44 trips during the AM peak hour, and 0.52 trips during the PM peak hour. Therefore, it is estimated the proposed development will generate 835 trips per day, 64 trips during the AM peak hour (13 trips into the development, 51 trips out of the development), and 81 trips (53 in, 28 out) during the PM peak hour. 3.2 Trip Distribution The traffic volumes generated by the proposed development then need to be distributed to the surrounding street system. Based on the existing turning movements during the peak hour periods, we estimate approximately 75 percent (625 vehicle trips daily) of the development traffic will enter/exit east to Pilot Knob Road and 25 percent (210 vehicle trips daily) will access to and from the west via Wellington Way and Sherwood Way and the north via several different intersections. The proposed development will generate approximately 17 trips (4 entering, 13 exiting) during the AM peak, 21 trips (14 entering, 7 exiting) during the PM peak, and 210 trips (105 entering, 105 exiting) daily on the existing portion of Wellington Way. In addition to the new development, it is believed traffic from surrounding developments will use the new connection with Pilot Knob Road as ingress and egress. An estimated area of influence from Westminster Circle to the north and Norwood Drive to the west will contribute redirected trips to and from Pilot Knob Road via Wellington Way. It is anticipated that 57 trips (41 entering, 16 trips exiting) will be redistributed onto Wellington Way during the AM peak and 77 trips (30 trips entering, 47 trips exiting) during the PM peak. The new access will generate an estimated 582 redistributed trips (291 entering, 291 exiting) daily. The existing homes on Wellington Way, which generate approximately 144 trips per day, will also be able to access Pilot Knob Road. Therefore, we estimate the proposed development and the extension of Wellington Way will generate 792 new trips and 936 total trips daily onto the existing portion of Wellington Way. This volume of traffic is consistent with a local residential street. The existing turning movement counts were also used to distribute the anticipated traffic volumes. The proposed development, redistributed, and existing traffic volumes are shown for the AM peak, PM peak, and daily volumes in Figures 2, 3 and 4, respectively. 3.3 Capacity Analysis Capacity analysis is a measure of traffic flow. It uses traffic volumes and operating conditions to determine a level of service (LOS). The levels of service range from "A" to "F', with "A" being free flow, minimal delay Diamond T Ranch Traffic Study A-EAGAN0411.00 Eagan, Minnesota Page 2 conditions, and "F" being forced/stopped flow conditions with significant delay. Typically in the metropolitan area, intersection levels of service of "D" and "E" are acceptable during the AM and PM peak hours. Of concern for this development is how the intersection with Pilot Knob Road will operate. Assuming the proposed intersection operates as an unsigna ize , one-way stop control on Wellington Way with free fluwing-~ traffic on Pilot Knob Road, the intersection operates at a LOS "A" for the AM and PM peak hour. The intersection experiences 1.2 seconds of delay per vehicle during the AM peak and 2.8 seconds of delay per vehicle during the PM peak. However, the eastbound left turn movement exiting the development will operate at LOS "F"', with a delay of 32.9 seconds/vehicle during the AM peak and 90.7 seconds/vehicles during the PM peak. This is not unusual during peak hours at a stop controlled intersection. The capacity analysis outputs are included in the Appendix B. 3.4 Additional Neighborhood Concerns There may be some concern on the part of the neighborhood to the west as to the traffic the proposed development will add to the existing roadways. It is our estimation that the anticipated trips from the proposed development will not significantly impact the neighborhood roadways to the west of the development. The anticipated 25 percent distribution of new trips to the west and north will be essentially canceled out by the redistributed trips from adjacent existing developments onto Wellington Way, thus creating equal or lesser amounts of traffic to the west. Additionally, the neighborhood may be concerned that the extension of Wellington Way may attract cut-through traffic from the boundary streets. With the existing conditions of no development to the immediate south of the study area and good traffic carrying capacity on the boundary streets, the potential to "cut-through" the neighborhood does not appear high. 4.0 Summary The analysis shows the proposed intersection of Wellington Way and Pilot Knob Road will operate adequately with the addition of the new development traffic and the redistributed traffic due to the extension of Wellington Way. It is consistent with two-way/one-way stop controlled intersections that left turning vehicles from the minor street at an intersection may experience greater delays than other vehicles at the intersection. The analysis for the intersection shows this holds true for the proposed Wellington Way/Pilot Knob Road intersection. However, due to the low number of left turning vehicles off of Wellington Way onto Pilot Knob Road, the intersection will continue to perform at an adequate level of service during the peak hours. It is our estimation that the anticipated trips from the proposed development will not significantly impact the neighborhood roadways to the west of the development due to the existing trips that will now be redistributed onto Wellington Way. We anticipate the proposed development and the extension of Wellington Way will generate 792 new trips and 936 total trips daily onto the existing portion of Wellington Way. The traffic increase on Wellington Way is within the limits of what is typically defined as a local residential street. Diamond T Ranch Traffic Study A-EAGAN0411.00 Eagan, Minnesota Page 3 List of Figures. Figure 1 - Proposed Development Figure 2 - AM Peak Hour Traffic Volumes Figure 3 - PM Peak Hour Traffic Volumes Figure 4 - Daily Traffic Volumes 1.0 C'/, r+- ~ 1L1 1 T+--•r-- I V \r- m on a- Yr P e - r.+. ` -ey,t [ o 0 F-~ 4.4 *1 Clrls I-o 1 Jenes un fc.c_)Y' _ ` \ ♦ 5~:' tire . tt - n J - _ • ' dic sas:•,' _ 1 t, J ~1 S*' ~~akstlr .~w L ptV v} 1 H1+~ P-a,r{ti r C [ J~' S - JjT- ckory re {{~o~ asC c_°c1 ,~1, • J. f~ l { ♦ t~ •i ~(1 2N •gS •I j °Y' S4 I 7k '.9 C "zon Llncastea~ ■r,•r{~° Rchv jyt I! u w ! r., i+r, ( ds {3 jjt d. ~,o~- i~,1 w G ' °6,,. 4 1 Y' 'y I ¢ l dr. a c J 1 1 1 Y F ,1 s [ t A V. • ! 4. +r r,~ 4 n! y [ y ID, yr - * E 1 ~ ~ v Clme✓b -t"3 ' r--. ~ t•1 t } t C' f f. i 1 }t y( L l~J' ~ C, ..,nt ~ ` ~ ~,1 IL1~ ° .„I\ 1aC~ hl ~ ~i~ cp,~ UY• C' Y' ~ tG a. n . ¢'I ' - -ZS a Etr'S r a t f, a.9 •dd. ` r i({ff{3 ti S 1 ° -•I Q'ti_. ~ ` ^0 ~ .f ~ try Inm~r .n~ M .-°I `~l - S. _Y I o. ~ +~Ui r ~ Ty otr' ti, 1 ~ ~ r• r a~ t vj 1 rl~ w \ P✓d r° j t~ !f' V { T • r r t ; 4 J 't'J ~S. ~/2~ ~ ~ ferni_. ~ ~147~on ` 1 ~t~~-a, i . ~ s~ _ ~ i0• eT' -a -s. a t ; t rPE.r. td, , t + `pines ee , I{~.,Pebefff}~~~-~ R l,l e► <w 1 + ~'y .K. ro ln, t 1y f _ r - S1•~ Carnage y a 4 Jx "~J' • ` - -i ' ' - 120Th a t _ t - t• w~~s. ~~~,-~"f • rte ~ ~ t~ _ r OW- Mcandrms 1251h I ' VIE r ! { r - 2~1h, rl •r~(. ~t 1 ♦ 1 I - _ 'F'` ra 0 ♦ F~r"~ tti l ~ of -v K.. ~a .z- °t..+ ° a y ~ cf ♦ f +-_~--,~h~' Si M '•Y".r°'1261h 'Y a • ~ 7 a ° • Ir '.c rtaw t 1a , }:...E \ ~,i. [~+.+r'cK .G. , ' y•- \n -a._ ~ my ._l ooJ , o .t d9emon~ ot: f„2 ~ E$d cDove 1 ~ r ' ~ ~ ♦yE~ 1 j ~ 1 f n _ 1 rE M °f '<it rh ~ ► C t_ °a~'fGQ`r _ c" 7 ~ t - l^„ 1. vnta • r..,*`fy,~,{~~'.-~.., lp,~~I . ~ ~~j~_ ` ~ ~ 128th s".y.--' . - ~''"s."+nm4 ~1. • ti %""~Y ~ tS. t _ O• ~ ~ Y~- F-.t 3535 VADNAIS CENTER DR. Development Location ST. PAUL, MN SSI 10 PHONE: (661) 490-2000 FAX: (651) 490-21 SO • • T Ranch Development Eagan, Minnesota i 1 - _ 17 v 'L 3/7/- 1/20/- r 10/12/- 3/22/- Wellington Wellington Way/Sherwood Way Intersection E: y. ' jam.. - ;T - 5/6/- -/-/416 4J 4 E 20/19/- J 41 t 5/11/- 441840 Qi 18/31 0 a Wellington Way/Pilot Knob Road Intersection c~ o o Legend m 1® Proposed Road Proposed gedistributed /Existing w New Development Development Traffic Traffic Cj a Traffic c Intersection ~N (D 3535 VADNAIS CENTER DR. FILE NO. E ST. PAUL, MN 55110 AEAGAN041 1.00 AM Peak Hour Traffic Volumes Figure U0 PHONE: (651) (651)490-2150 90.2000 Diamond T Ranch Development 0 N FAX WATTS: 8000--325325--2055 ^ M C, L E wwrv.sehinc.com Eagan, Minnesota t-1/23/- 3/14/- 6/26/- 11/19/ - _s Wellington Way/Sherwood Way Intersection . K y ~ :vim 6F6 I 'E. T ~ a T 21 /21 -/-/1425 u. 4 y E 41 t 19/35/- -/-/565 Col CL 10/21 I CD W o Wellington Way/Pilot Knob Road CL Intersection C7 I c~ arc:.,; - O I O Legend a 0 Proposed Road Proposed Redistributed Existing m Development Traffic New Development Traffic w T Cj 'm Tm Intersection In 3535 VADNAIS CENTER DR. AEacaNOa~i'1oo PM Peak Hour Traffic Volumes E J ST. PAUL. MN 55110 Figure _ C FAX PHONE: (651)1) 4W 50 90.2000 Diamond T Ranch Development 3 N 0-325- O SEH WATTS: 2055 ,,Fagan, www.sehinc.co5-inc.com , Minnesota L 21/171/- 21/171/- 83/192/- •r Wellington 4 r 83/192/- s 84/192/- 84/192/- Wellington Way/Sherwood Way Intersection y _ ri et :Y 1 t ~ J. Si f f 4 1 167/1341- a ~ E 41 167/134/- J 210/582/144 146/243/- 146/243/- ID n. I o Wellington Way Wellington Way/Pilot Knob Road 9: Intersection o o Legend ® Proposed Road Proposed Development Redistributed Existing M M New Development Traffic Traffic w < Traffic 4 o S Intersection 0 N O 3535 VADNAIS CENTER DR. FILE NO. E I ST.PALA,MN55110 AEAGAN0411.00 Daily Traffic Volumes Figure R / PHONE: (651) 490.2000 00 00 FAX(651)490-2150 Diamond T Ranch Development WATTS: 600-325.2065 4 s SEN www.sehirlc.com Eagan, Minnesota Ms Appendix A Traffic Count Data O Q Q O O ga app N co hM0ONp r- 'IT W ?O~ C p NOM cq AC,4 10 N ~CN r, ONNP NtO n G ~ Q1 II d O 00 0 0 0 O O O O O O O O O O 0 0 0 0 0 O O Q O C O a) Y co r 0000 00000 00 0 00000 00000 000 Ooo m r o co a 0 oooo 00000 00 0 00000 00000 00000 -oiOd C\i w c T 7 0 0 0 0 0 0 0 0 0 00 O 0 0 0 0 0 O o 0 0 0 000 L r-. 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M a- cAP ONcAM~ MQ -0 aO Q OOC' c~Q Q V Q Z a C O a O O O O 0 0 0 0 0 00 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co -0 CJ C7 0 0 -0 ~0 a m L 0000 0 0 0 0 0 00 O 0 0 0 0 0 0 0LO -,0 10 Q N L UE O o0 Cn ' 0 c O 0 L q ^ R UOO~ CO CO Q c+n o co O OcA CO Cl) 0 cc N hl S 0 0. 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EE LLJ a) a 7 o N ^ ~ N E -0 ct 0 u) U)i cC$ 0~Z g g z C) N a. a. 0117 co 00 0 V) 0 co J (3) LO ^ ~ n V vJ VJ CL a U-) LO 0 U') Q 0 U') ^ co co co Q O O - 00 O O O O O 70 'a O O 0 C -0 CD a CO c oo O0 ~ Q L N c co N P N C Y t ^ ON O O o Z 7 -O N N U `ham Nr, CO +r a Q Q r) U) co tO O C~ o U-) Q W m C. co QC'') O Nchv~ O O O Q O 10 U O's O P Q > QO ccoo Cl) NO co N000 O Q O O 00 O O O O O O O CD c p c C0 L P P Qu~i P L~ U 3 c I_ O PQ ON rl Q ~ ^ ^ ~2 C' U') 10 ^ a a a J N~ P 'nU g NN~P Mtn O O O O_ p Cl) N ch r) r1 r) co 0.0 ^ c°OV c7 P ^ Q c) P Q h- O ^ O O C) Y p 00 O O p 00 O a m a o a o 0 C a cc p~ L CD a Lo 0,0, v Cl) tea ~ - P co C'i ~ ^ c ^ Y 7 C O Cl*l 7 O r) P N N 00 _M P N D_ P~ N N P N Qa a Q a a U-) O N P U')Q O U) _ N O ^ m r)Qt~ O Q^ co') U) ;z C4 to J ~ O O E O O m O C m C m 0 0 0 O m L N C} N O E LL oV E m~ Ems- E~ LL L) E c E-D :3 0 7 U p 7 p-C O 7 O U C C p =~>a >~_>75 ~ _ Q>a=>s a a Q D a a APR. 19. 2004 6:58AM DAKOTA GU TkM DE: T y5LZjyI-M-1 Ru. yuy4 DAKOTA COUNTY TRANSPORTATION TRAFFIC nation: CSAN 32 & Thomas Lk/Stoneclitf File Name : Csah 32 & Thomas Lake Dr AM .at,- 08-09-01 Thursday Site Code : 08090101 im,. 06:30 to 08:30 Start Date : 08/09/2001 leather. PC, nice, 70F Page No : 1 Groups Printed- Unshihed Thomas Lake Rd CSAN 32 Cliff Rd Stoneclift Dr CSAH 32 Cliff FId Southbound Westbound Northbound Eastbound Stan Tune Lett Tl1ro Rlph Ped App Leh o Lett App. Lett ed, n [ s Total u h _I s Total ug h t s Total u h t s Tote[ Total Factor - 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 - 1.0 1.0 1.0 1.0 1.0 1.0 1.0 06.30 3 0 5 0 a 2 39 'S 1 a7 8 3 2 0 13 5 28 6 3 42 110 06:45 4 1 9 2 1130 76 6 2 84 6 2 0 0 8 6 42 4 0 52 180 Total 7 1 14 2 24 2 115 11 3 131 14 5 2 0 21 11 70 10 3 94 270 07:00 3 0 6 0 9 1 70 3 5 79 3 3 1 0 7 4 48 5 0 57 152 07:15 5 0 10 0 15 1 74 2 2 79 6 2 1 0 9 4 53 2 3 62 165 07:30 5 3 6 0 16 2 93 5 0 100 2 2 0 0 4 9 61 4 0 74 194 07:45 6 0 7 0 13 0 90 10 0 100 6 3 3 0 12 12 57 3 1 73 198 Total 19 3 31 0 53 4 327 20 7 358 ~17 10 5 0 32 29 219 14 4 266 709 06:00 7 0 5 0 12 6 75 5 0 86 5 2 7 0 14 6 53 4 1 64 176 08:15 4 2 6 0 12 2 77 1D 0 69 10 0 3 0 13 4 62 2 0 68 182• Grand 37 6 56 2 101 14 594 46 10 684 46 17 17 0 80 50 404 30 0 492 1337 Total Apprch ;6 36.6 5.9 55A 2.0 2.1 89.5 6.9 1.5 57.5 21.3 21.3 0.0 10.2 82.1 6.1 1.6 Total 2.8 '0.4 4.2 0.1 7.8 1.0 44.4 3.4 0.7 49.7 3.4 1.3 1.3 0.0 6.0 3.7 30.2 2.2 0.6 35.8 mss Lam Aq Out In Toral 1191 101 14 01-61 37 2 ~gtg Tnroug Lett Pads : h L 1 r 1 I &W AM O ¢ + ~Unshlrwd r-i a 9- 0J. c N 41 T r LeR n A ht Pods 45 17 17 0 ® 80 130 out In Torsi SOMIM Dr APR. 19. 2004 6:58AM DAKOTA CO TRANS DEPT 95Zd91'11'L'1 AU, HU 4 r. ~ DAKOTA COUNTY TRANSPORTATION TRAFFIC File Name : Csah 32 & Thomas Lake Dr AM Site Code :08090101 Atr+ PfAk S ~ S ~ s~ Start Date : 08/09/2001 Page No :2 Thomas Lake Ad CSAH 32 Cliff Rd Stoneciiff Or CSAH 32 Cliff Rd SOuthWund Wealbound o u Start Time Left Theo Righ Pod App. Lett Thro ✓Righ Pod App. Ls. Thro Righ Ped App. Lsft Thro Righ Ped App. Int. u h t s Total u h t s Total h t s_ Total u h t s Total Total ;eak Hour From 06:30 to 08:15 - Peak 1 of 1 'ntersection 07:30_ Volume 22 5 26 0 53 10 335 30 0 375 23 7 13 0 43 31 233 13 2 279 750 Percent 41.5 8.4 49.1 010 2.7 89.3 8.0 0.0 53.5 16.3 30.2 0.0 11.1 83.5 4.7 0.7 Volume 22 5 26 O . 53 10 335 30 0 375 23 7 13 0 43 31 233 13 2 279 750 Volume 6 0 7 0 13 0 90 10 0 100 6 3 3 0 12 12 57 3 1 73 198 Peak 0.947 Factor High Int. 07:30 0730 08:00 07:30 Volume 5 3 a 0 16 2 93 5 0 100 5 2 7 0 14 9 61 4 0 74 Peak 0.828 0.938 0.768 0.943 Factor Thoum Lake Pd 1 OVI 1 68 53 Total 26 5 22 0 Right Ttroug Lek Pets ¢'a g a S L-~ f-s g o 1 T30~0 AM (D v Wamoo 8:15..00 AM n P uresNltsd 0 T *1 Throng F► Lek h Ri Peds 23 7 13 0 28 43 L-M Out In Total SlonedIff Dr APR. 19. 2004 6:59AM DAKOTA CO TRANS DEPT 9528917127 11 U."i U,4 DAKOTA COUNTY HIGHWAY DEPARTMENT Location: CSAH 32 & Thomas Lake/Stonecif TRAFFIC File Name : Csah 32 & Thomas Lake Dr PM 08-13-01 Monday Site Code :08130102 Time: 15:30 to 18:30 Start Date :08/13(2001 Weather: Sunny, nice, 80F Page :1 _ G_ro_ups Printed: Unshifted t d Stonediff Or CSAH 32 Cliff Rd Southbound Westbound _ Northbound as oun Start Time Leff Throe Alght gyp' Left Throe Righl App' Le Throu Right epp' Left SOU Rlght ~p lnt. h Tots h Total g h_ _ Total h Total Total o-L Factor 1.0 1,0 1.0 y 1.0 1.0 1,0 _ 1.0 1.0 1.0 1,0 1.0 1.0 15:30 12 1 a 19 2 61 7 70 9 3 3 15 12 99 5 116 220 15:45 11 2 _ 12 T, 25 6 71 11 88 _ 5 0 3 8 16 107 6 131 252 Total 23 3 1B 44 8 132 18 158 14 3 e 23 30 206 11 247 472 16:00 7 1 1 9 6 66 11 83 1 1 1 3 10 110 6 126 221 18:15 14 3 7 24 1 72 17 90 7 1 3 11 17 141 6 164 289 18:30 7 1 12 20 0 73 11 84 5 2 3 10 77 724 S 148 260 16:45 10 1 7 18 4 79 6 89 5 3 1 9 17 138 11 166 282 - Total 38 6 2 1 11 t ~ 290 45 346 18 7 a 33 61 513 28 $02 1052 17;00 11 0 8 19 5 71 17 93 3 1 S 9 20 143 9 172 293 17:15 75 2 14 31 4 84 22 110 3 2 7 12 16 156 8 180 333 17:30 20 1 10 31 6 77 15 98 4 0 5 9 21 752 10 183 321 17:45 27 4 4 _ 35 4 101 8 113 4 0 2 6 27 131 13 171 325 Total 73 7 36 116 19 333 62 71-4--' 1Z--3 /9 36 84 582 M 40 706 1272 18:00 11 2 10 23 7 82 10 99 4 3 1 8 26 130 15 171 301 1815 -1.7 7 11 31 3 67 16 86 7 2 5 14 14 114 8 134 266 Grand T,;LW (1 25 102 PS 48 904 151 1103 57 18 39 414 215 1545 100 1860 3382 Apprch % Z.4 8.8 35.8 (y~ r 4.4 82.0 13.7 50.0 15.8 342 ga 11.6 63.1 5.4 Total % 4.7 0.7 3.0 8,5 1.4 26.9 4.5 32.8 1.7 0.5 1.2 3.4 6.4 48.0 3.0 5513 r out In Tole! 384 265 669 102 25 156 Agltt 1lvoug Leh ~ W o0~ S cc iS +1 r+ Left Right 111 3B • _ 173 ix 267' Out In Total SIDnea6n Or APR 19. 2004 6:59AM DAKOTA CO TRANS DEPT 9528917127 NO.9094 P. 5 DAKOTA COUNTY HIGHWAY DEPARTMENT TRAFFIC File Name : Csah 32 & Thomas Lake Dr PM pM PEAk Site Code ; 08130102 Start Date :08/13/2001 (1=1T 7O 1$:c5 Page :2 Thomas Lake Dr CSAH 32 Cliff Rd Stonediff Or CSAH 32 Cliff Rd _ Soumbound Weetbound Northbound Eastbound Start Time Left Throu Right Toca~ Left 7hroh Right To al Left rnroh Right Total Left r g h Right Cpl Total Peak Hour From 15:30 to 18:15 - Peak 1 of 1 Intersection 17:15 Volume 73 9 38 120 21 344 55 420 15 5 15 35 90 569 46 705 1280 Percent 60.8 7.5 31.7 5.0 81.9 13.1 42.9 •14.3 42.9 12.8 80.7 5.5 High Int. 17:45 17:45 1715 17:30 17:15 Volume 27 4 14 35 7 101 22 113 4 3 7 12 27 156 15 183 333 Peak Factor 0.957 0.929 0.729 0.963 0.961 as LAW r Out in Total -i!21 12D Z70 38 9 73 U Rlgnt Tnroug Leh Pads +j L+ NaM a C-i funs r ° C -1 V~ ° jus. F+ Left AgM Pod: 15 5 t5 0 76 35 111 Out In Total Stonedif Dr --0 Appendix B Capacity Analysis J~- HCS2000: Unsignalized Intersections Release 4.1d TWO-WAY STOP CONTROL SUMMARY Analyst: MPM :ncy/Co.: SEH Late Performed: 05/11/2004 Analysis Time Period: 7-8 AM Intersection: Wellington Way & Pilot Knob Ro Jurisdiction: Eagan, MN Units: U. S. Customary Analysis Year: 2004 Project ID: AEAGAN0411.00 East/West Street: Wellington Way North/South Street: Pilot Knob Road Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 14 1840 416 10 Peak-Hour Factor, PHF 0.92 0.92 0.92 0.92 Hourly Flow Rate, HFR 15 1999 452 10 Percent Heavy Vehicles 2 Median Type/Storage Undivided / RT Channelized? Lanes 0 2 2 0 Configuration LT T T TR stream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 36 46 Peak Hour Factor, PHF 0.92 0.92 Hourly Flow Rate, HFR 39 49 Percent Heavy Vehicles 2 2 Percent Grade 0 0 Flared Approach: Exists?/Storage / No / Lanes 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 , 10 11 12 Lane Config LT LR v (vph) 15 88 C(m) (vph) 1095 215 v/c 0.01 0.41 95% queue length 0.04 1.86 Control Delay 8.3 32.9 3 A D Approach Delay 32.9 Approach LOS D HCS2000: Unsignalized Intersections Release 4.1d TWO-WAY STOP CONTROL SUMMARY Analyst: MPM ency/Co.: SEH gate Performed: 05/11/2004 Analysis Time Period: 4:45 - 5:45 PM Intersection: Wellington Way & Pilot Knob Ro Jurisdiction: Eagan MN Units: U. S. Customary Analysis Year: Project ID: AEAGAN0411.00 East/West Street: Wellington Way North/South Street: Pilot Knob Road Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 51 565 1425 39 Peak-Hour Factor, PHF 0.92 0.92 0.92 0.92 Hourly Flow Rate, HFR 55 614 1548 42 Percent Heavy Vehicles 2 Median Type/Storage Undivided / RT Channelized? Lanes 0 2 2 0 Configuration LT T T TR istream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 22 29 Peak Hour Factor, PHF 0.92 0.92 Hourly Flow Rate, HFR 23 31 Percent Heavy Vehicles 2 2 Percent Grade 0 0 Flared Approach: Exists?/Storage / No / Lanes 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Config LT LR v (vph) 55 54 C(m) (vph) 409 91 v/c 0.13 0.59 95% queue length 0.46 2.75 Control Delay 15.2 90.7 S C F Approach Delay 90.7 Approach LOS F 61_f. 3: Wellington Way & Pilot Knob Road HCM Unsignalized Intersection Capacity Analysis CO,Yement_ ESL EBR, NBL, :.NBT -'SBT .:-;SSR Lane Configurations * 4t tT Sign Control Stop Free-Free Grade Volume (veh/h), . 36 46 14 1840 416 10 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly fId rafe (veh/h) 39 . 50 15,1:2000 452 11 Pedestrians Lane width (ft) Walking Speed (ft/s) Percent Blockade Right turn flare (veh) Median type None Median storage v---h) Upstream signal (ft) pX, platoon unblocked vC; conflicting volume 1488 '232 -463 vC1, stage 1 conf vol vC2r stage 2 conf vol r vCu, unblocked vol 1438 232 463 tC, single (s) 6.8 69 4.1 tC, 2 stage (s) iF (s) 3.5 3.31. " 22. p0 queue free 110 65 94 99 cM capacity (v_eh/h) 113 771 1095 Qirectiori,"Lane # . _ EB:1 NB<1., N 2. SB,1',.N 5B 2 y Volume Total 89 682 -1333 301 .162 Volume Left 39 15 0 0 . 0. Volume Right 50 : '0_~0 , 0 cSH 217 1095 1700 1700 1700 Volume to Capacity' 0:41 0.01';'' 0;78.. 018 0.10: Queue Length (ft) 47 1 0 0 0 Control Delay- (s) 32.6 0:4 0.01 , 0.0 0.0 Lane LOS D A Approach Delay (s) 32.6 0.1 OA Approach LOS D tersection ummar)r, . _ . - Average Delay 1.2 Intersection Capacity Utilization 75.2% IGU Level of Service C SHORTEMINF-FF51 3: Wellington Way & Pilot Knob Road HCM Unsignalized Intersection Capacity Analysis t 1 Movement EBL -:EBR NBL.,r';NB 77, Lane Configurations 4t T, Sign Control Stop Free Free Grade IIo_ o Volume (veh/h) > 22 29 51 - 565 1425 39 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow 'rate (veh/h) 24 32 55 614 1549 42 Pedestrians Lane Width` (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (tt) pX, platoon unblocked yC,;conflicting volume `'1988 796 " 1591 vC1, stage 1 conf vol vCZ stage'2 conf vol, _ vCu, unblocked vol 1988 796 1591 tC; single (s) 6.8 6.9 4.1 . tC, 2 stage (s) tF,(s~ LL. 3.5 3.3 2.2 PO queue free 48 90 86 cM capacity, (veh/h) '46 330 408 Direcfsa€~`Lane #~"<< ~S' ~t8.1 =.J1B 2_11--B-1, B 2?' r Volume Total ' X55 260 409 :1033. 55.9 Volume Left 24 55 0 0 0 , Volume Right 32 0 _ 0 0 cSH 90 408 1700 1700 1700 Volume to Capacity 0.62 0.14 0.24 0.61 0.33 , Queue Length (ft) 72 12 0 0 0 Control Delay (s) 95.0: 5.1 0.0 0.0 0.0 Lane LOS F A Approach Delay (s) ` 95.0 2.0 0.0 Approach LOS F lntars, cOi Summary _ Average Delay 2.8 intersection' Capacity Utilization 54,2%.-1 ICU Level of Service A SHORTEMINF-FF51 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan DIAMOND T RANCH SITE REPORT (Sites 2092 & 2017), Eagan July 2004 Purpose. This site report is intended as a service to citizens to describe in a single place the known information contained in files of Dakota County staff from several departments regarding the property known as the Diamond T Ranch in Eagan. This report provides background information that may be helpful for public policymakers but is not intended to provide recommendations for decisions or to guide actions. The information in this report is based on several sources with varying accuracy and reliability. Therefore, readers should substantiate specific information with the cited sources for use beyond this document. INTRODUCTION Location. The Diamond T Ranch is located at 4889 Pilot Knob Road in the City of Eagan. The property is west of Jensen Lake and adjacent to the Lebanon Hills Regional Park (Figures 1.- 2.). Comprised of two adjacent parcels, the smaller parcel on the east is in the adjacent PLS section and borders the right-of-way of Pilot Knob Road (CR 31). 1. PIN 10-03300-011-75; 35.20 acres. Building Permits: Single-family residence built in 1964, clubhouse built in 1980, and an equipment shed built in 1994. Owner: Diamond T Ranch, Inc. [Jerry (deceased) and Carol Thomas). Public Land Survey: Northeast quarter of Southeast quarter of Section 33, T.27N., R.23W.; Elevation 930 to 1010 feet above mean sea level (amsi); and F 1z r ~ Lx~ } t ~ IY~ Diamond T,~4~~ ~xN, 4r~ ?x 'r Ranch' Disposals 6WVi Diarnoni T y •''~Ranch Dump Fig. 1. Diamond T Ranch Dump & Disposals (Sites 2092 2017 (U-33)], Eagan Dakota County Environmental Management Department - Site Assessment 1 /Q!~4 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan 2. PIN 10-03400-020-50; 2.63 acres. No buildings. Public Land Survey: West half of the West half of the Northwest quarter of the Southwest quarter of Section 34, T.27N., R.23W.; Elevation 970 to 1030 feet amsl. Geology, Hydrology, Wells and Groundwater Quality. The area soils have developed on Late Wisconsinan Superior lobe glacial till and stratified ice-contact deposits. The Kingsley sandy loam and Mahtomedi loamy sand are present in the upland areas, the Otterholt silt loam is found on the upper slopes of the drainageways, and the Quam, Jewitt and Kennebec silt loams occupy the closed and semi-closed drainage basins. In the vicinity of the sites and depending upon the surface elevation, there are approximately 200 feet of unconsolidated sediments present overlying the weathered St. Peter sandstone bedrock. South of the property is a former glacial lake basin with approximately 250 feet of sediments including glacial lake sands. The unconsolidated sediment aquifer has a water table elevation of approximately 925 to 930 feet amsl. The level of the small ponds in the area of the sites varies from 925 to 970 feet amsl. Jensen Lake's elevation is about 921 feet amsl. The shallow aquifer's groundwater flow direction is generally northwest to north-northwest. Because of the glacial till deposits, seasonal, perched groundwater may be present above an elevation of 930 feet amsl, but it is usually discontinuous laterally across the landscape. The Prairie du Chien dolostone-Jordan sandstone aquifer has a potentiometric surface elevation of about 825 feet amsl, and the flow direction is generally north-northwest. New wells in the area, especially city wells, are completed in the latter aquifer. The overlying, weathered St. Peter sandstone aquifer was utilized as a domestic water supply by older wells completed in the area. Residual limestone and shale (Platteville and Glenwood formations) may cap the St. Peter sandstone in isolated areas near the property. Older wells in the area that were completed through semi-confining strata, including the basal St. Peter arenaceous shale, were ordinarily not cased and cement-grouted to preclude the interconnection of separate aquifers. The permanent sealing of such wells requires the removal of casing liners and/or the perforation and pressure grouting of casings through the impervious strata. Two well water supplies are noted to be present on the property. The 4-inch diameter cased well (Minnesota Unique Well # W05193; elevation 978 feet amsl) is associated with the former Jerry and Carol Thomas residence, which was built in 1964 and is now unoccupied. No additional information is available on that well, which is now abandoned but not permanently sealed. A second well was constructed in August 1973 [Minnesota Unique Well # 128707; Elevation 1004 feet amsl; 4-inch diameter, 230-foot casing with a 10-foot screen to a depth of 240 feet; Static water level 200 feet below ground surface (elevation 804 feet amsl). The latter well was a noncommunity well utilized by the ranch business (clubhouse and restaurant), which closed in the fall of 2003. The well is north of the clubhouse and is also abandoned but not permanently sealed. There are a number of small-to-large wetlands located on and immediately adjacent to the property. Four wetlands (designated A, B, C & D) on the property have been identified for wetland preservation status under federal and State laws, which are administered locally. Dakota County Environmental Management Department - Site Assessment 2 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan Generally, stormwater and other runoff are captured by closed and semi-closed depressions, which serve as groundwater infiltration basins and stormwater retention basins. The south-to- southeast half of the property drains to wetlands on the west side of Pilot Knob Road, which, in turn, drains east to a wetland in Lebanon Hills Regional Park, immediately north of Jensen Lake. Because of some wetland filling and drainage diversions on the property, there have been substantive changes to the quality and quantity of surface water runoff both on and off the property. DIAMOND T RANCH DUMP [Site 2092 (U-33)], Eagan Description. The dump is comprised primarily of demolition debris originating from the razing of the former Metropolitan Stadium in Bloomington. The dump is located south of the private drive that serves as the main entrance to the horse riding and boarding ranch from Pilot Knob, Road, between Grace Drive on the north and Carriage Hills Drive on the south in southern Eagan. It is estimated that the dump extends over approximately 2 to 3 acres with variable depth to natural soils depending upon the location and original slope of the land to the drainageway and wetland (Basin A). Because the site was covered by soil after the dumping, it is not known if the disposal site covers a contiguous area or if the disposals are scattered over the area and fill in the low spots. On July 17, 1985, Dakota County staff investigated the disposal site and took photographs. Staff's comments included, "...a lot of demo debris in front yard at Diamond T Ranch on Pilot Knob. A MEGA, Inc., pickup truck was sitting out front next to dumping site." The Phase I ESA consultant noted the existence of the dump referencing the County's Waste Site Inventory that is available on the Internet'. The disposal volume was estimated by County staff to be between 25,000 to 50,000 cubic yards. The Phase II consultant estimated that, "The dump appears to measure about 120 feet by 110 feet by 20 feet deep or about 9,800 cubic yards 2 The latter estimate was based on limited soil boring data, as "...the depth of fill was not determined...." The consultant listed the wastes found in several test pits at depths of 3 to 15 feet as "...concrete, bricks, rebar, metal, piping, roofing materials, and ceramic tile...." Most of the demolition debris was not reduced in size or compacted before being covered on- site. Consequently, void spaces would have occurred in the fill and may have eventually led to soil subsidence, as well as erosion and vermin harborage. Testing by the Phase II ESA consultant detected asbestos, diesel range organics (DRO), and polycyclic aromatic hydrocarbons (PANS) 3. Primary Source of Waste. During the spring and early summer of 1985, Anderson Excavation & Wrecking Company (Anderson), 1824 South 20th Street, Omaha, Nebraska 68108, was Liesch Associates, Inc., December 3, 2003, "Phase One Environmental Site Assessment: Diamond T Rinding (sic) Stables, 4889 Pilot Knob Road, Eagan, Minnesota 55123", Project #6200416.00, 11 pp. plus appendices. 2 Braun Intertec Corp., January 20, 2004, "Phase 11 Environmental Site Assessment: Diamond T Riding Stables, 4889 Pilot Knob Road, Eagan, Minnesota," Project #BL-03-01600A, 4 pp, plus appendices. s Ibid, p.3. Dakota County Environmental Management Department - Site Assessment 3 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan contracted to demolish the former Metropolitan Stadium in Bloomington, which was being razed to prepare the site for the construction of the future Mega Mall. Anderson and its subcontractors hauled and deposited demolition debris at three unapproved sites in Dakota County, namely the M.G. Astleford Dump, Burnsville, the Eaton Mobile Home Park Dump, Apple Valley, and the Diamond T Ranch Dump, Eagan, as well as a site near Shakopee in adjacent Scott County. The demolition debris deposited in the dump is comprised primarily of rebar-reinforced concrete, metal, glass, wood and plastic wastes from the razed and deconstructed Metropolitan Stadium. Also present was carpeting, stadium seating and other contents of the razed stadium that had not been previously salvaged or otherwise removed. The demolition contractor (Anderson) did not address asbestos containing materials (ACM) by performing the necessary testing, control and abatement procedures before the haul-out of the debris to the four known disposal sites occurred. Unsubstantiated information available at the time of the disposals suggested that neither asbestos nor lead abatement were completed. Also, electrical fires and leakages associated with the stadium's electrical substation had occurred on several occasions during the stadium's operational life. After the stadium was abandoned, the Bloomington Fire Department was called out to a substation fire. The fire was characterized as an accident, which was caused by an act of vandalism. The concern raised at the time was due to the release of transformer and capacitor dielectric fluids, which contained polychlorinated biphenyls (PCBs), trichlorobenzene and other chlorobenzenes, as well as mineral oil. It is not known if any of the cleanups effectively removed the spillage and wastes from the building materials or from the transformers or capacitors. Again, unsubstantiated information at the time suggested that some of the spills may not have been properly remediated and resolved. Because there is no specific information on where the individual loads of demolition debris were delivered among the four known disposal locations, it is not known if or where any hazardous wastes may have been deposited and buried. Therefore, it is recommended that testing of wastes, soils and other environmental media should include ACM, lead and PCBs. If significant PCBs are detected, it is further recommended that testing be conducted for PCBs' recalcitrant byproducts of overheating and incineration, namely PCDDs (polychlorinated dibenzodioxins), PCDFs (polychlorinated dibenzofurans) and PCNs (polychlorinated naphthalenes). At the time of the waste disposals, Mark Pieper was Chief Executive Officer for MEGA, Inc. As one of Anderson's subcontractors for the Stadium demolition debris haul-out and disposal, Mr. Pieper was responsible for making arrangements with the owners of the four known disposal sites. However, no affidavits or other descriptive information are on file from Anderson Excavation and Wrecking Company, MEGA, Inc., or M.G. Astleford Company, which would further help identify and characterize the waste disposals on each of the four sites. Actions and Resolution. Mark Pieper was Chief Executive Officer for MEGA, Inc., and one of Anderson's subcontractors for the Stadium demolition. He arranged with Jerry Thomas, the former owner of Diamond T Ranch to deposit the demolition debris south of the ranch's buildings in an area described as a wetland. A Saint Paul Pioneer Press newspaper article written at the time (mid-July 1985) commented on the disposals and quoted some of the principles, including the dumping of demolition debris at Dakota County Environmental Management Department - Site Assessm nt 4 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan i~ Y r R I ~ v > I~ ikRz~ f- ' .k` i ~.r Fig. 2. Diamond T Ranch Dump & Disposals (Sites 2092 & 2017 (U-33)], Eagan Diamond T Ranch 4. Correspondence to MEGA, Inc., from Eagan's Public Works Department dated July 10, 1985, stated that the subcontractor was in violation of City Ordinance Section 4.30 "Excavation and Fills". It went on to state that... "Before any filling can be resumed, a grading permit must be submitted to the City Engineering Department and approved by the City Council." a Saint Paul Pioneer Press, mid-July 1985, article partially quoted: "The third site, Diamond T Ranch, is owned by Eagan City Council Member Jerry Thomas. He said he asked MEGA, Inc., for fill, expecting the company to bring dirt, not concrete, to his ranch so he could set up an outdoor riding arena. "The concrete first was brought in when he was out of town, Thomas said. But he added he was pleased when he saw it because 'the way they were grinding it up, it was making a good porous draining base' for the arena. He said he didn't know dumping it was illegal. "'The minute we found out they were doing something they weren't supposed to do, we told them to knock it right off,' he said." Dakota County Environmental Management Department - Site Assessment 5 00 Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan In the interim, Dakota County Senior Environmental Health Specialist Jerry Stahnke corresponded with the contractor, Anderson Excavation and Wrecking Company, on July 15, 1985, about the "...use of an unlicensed demolition landfill located at the Diamond T Ranch in Eagan..." and instructed the company to comply with County Ordinance No. 110 (Solid Waste Management). He also corresponded with Mark Pieper of MEGA, Inc., regarding the disposals. On July 17, 1985, the City's Engineering Department corresponded with the property owner, Jerry Thomas, regarding his application for a grading permit for his demolition landfill. The letter listed a number of items still required before the grading permit could be issued. It is unclear who, if anyone, gave the contractor, subcontractor, and property owner permission to dispose of demolition debris at the Diamond T Ranch site. State Law and Rules and County Ordinances regulate the approval of sites for solid and hazardous waste disposal. However, the disposal occurred and was subsequently covered and graded without further notifications or approvals. Eventually, buildings and structures were constructed over parts of the disposal site. There is no further documentation on file regarding the dump, its resolution or closure. In March 1986, the Department was notified that MEGA, Inc., was bought out by the M.G. Astleford Company (contact: Ray M. Williams), 1200 West Highway 13, Burnsville, MN 55337, which assumed responsibility for the Eaton Mobile Home Park disposal site but did not mention the Diamond T Ranch site. DIAMOND T RANCH DISPOSALS [Site 2017 (U-33% Eagan Description of Feedlot Disposals. On July 26, 1991, the County received the first recorded citizen's complaint about Diamond T Ranch's disposal and release of horse manure to land and surface water. The complainant, who previously boarded his/her horse there, stated that in the past year, he/she observed Diamond T Ranch improperly managing horse manure and, consequently, allowing contaminated runoff to impact neighboring residential areas and Lebanon Hills Regional Park. The disposal of horse manure and other wastes, including tree wastes, demolition debris, construction wastes, and refuse, was verified, but there is no documentation on file regarding any follow-up to the 1991 complaint investigation. The City of Eagan and the Minnesota Pollution Control Agency (MPCA) received citizen complaints about the horse manure disposals in 1995 and 1997. Eagan and MPCA staff responded on several occasions verifying the complaints and ordering the former owners to address the manure handling and storage, contaminated runoff and feedlot issues. In December 1995 correspondence to the owners from the MPCA, a June 13, 1995, inspection was cited, in which "...there were a few areas where improvement could be made." 5 An application for a permit to comply with MPCA Rules Chapter 7020 (Animal Feedlots) was enclosed. In May 1996, the MPCA issued an interim feedlot and manure storage permit [MPCA 1-1915(B)] to Diamond T Ranch, Inc., requiring compliance with MPCA Rules Chapter 7020 and a plan and compliance schedule to correct the pollution problem, the hazards of which were 5 MPCA Correspondence (Chris Lucke) to Jerry and Carol Thomas dated December 28, 1995, 1 p. Dakota County Environmental Management Department - Site Assessment 6 / Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan affecting local surface waters and ground waters. B The compliance deadline and interim permit expiration was March 1, 1997. An inspection was conducted by City and MPCA staffs on April 3, 1997, who found the ranch in non-compliance with the correction orders and interim permit, which had lapsed.' To enable the ranch's ordered, timely compliance, the MPCA reissued the interim feedlot and manure storage permit with a new deadline of August 1, 1997 for developing a plan and a compliance schedule for the feedlot, manure handling and storage and contaminated runoff problems for a total of 300 horses. 8 There is no further documentation from the MPCA on whether follow-up inspections were completed, whether orders for correction of conditions were determined to be in compliance, or if a final permit was issued. In August 1997, Rich Brasch, Eagan's Water Resources Coordinator, corresponded with Jerry Thomas regarding another property (4745 Dodd Road; PIN 10-03600-020-28) adjacent to Fitz Lake, which had just been purchased by Mr. Thomas, reminding him of the requirement for a conditional use permit and a license if he was planning to expand his horse stables and feedlot.9 He also noted the requirement for a feedlot permit from the MPCA and Dakota County. In papers dated May 5, 2004, and filed with the Eagan Advisory Planning Commission by the Toll Brothers, purchasers of the Diamond T Ranch and the developers of the proposed Steeplechase of Eagan, statements acknowledge the presence of such waste disposals. 10 6 MPCA Correspondence (Randy Ellingboe) to the Diamond T Ranch, Inc., dated May 10, 1996, 2 pp. Interim permit MPCA 1-1915(B), which expired March 1, 1997. MPCA Correspondence (Randy Ellingboe) to Jerry Thomas of Diamond T Ranch, Inc., dated June 9, 1997, 2 pp. plus an attached 2-page inspection report dated April 3, 1997. 8 MPCA Correspondence (Ronald Leaf) to the Diamond T Ranch, Inc., dated June 9, 1997, 3 pp. Interim permit MPCA 1-1915(6) R, which expired March 5, 1998. 9 Eagan Correspondence (Rich Brasch) to Jerry Thomas of Diamond T Ranch, Inc., dated August 1, 1997, 1 p. 10 Toll Brothers, Steeplechase of Eagan, May 5, 2004, (page 2 of 6) quoted as follows: "It has been brought to the attention of Toll Brothers that horse waste may be present on-site and if found to be present on site is a direct result of commercial horse boarding and riding activities of the previous property owner. Toll Brothers takes this matter very seriously. A consultant and contractor have been retained by Toll Brothers to search and identify the possible presence of horse waste, and if found on site to remove the horse waste. Toll Brothers has been working closely with public officials to address this issue. It is Toll Brothers intentions to cooperate with the regulatory agencies in the removal of this waste. Toll Brothers recognizes that the presence of this animal waste may have the potential to be a nuisance to adjacent properties. As a result, Toll Brothers will take all necessary precautions in protecting the surrounding environment and to minimize any potential effect that may result from the possible presence of this nuisance. "Over the years, the site has been extensively manipulated to accommodate horse-riding operations. Land has been leveled to accommodate parking facilities and riding trails, animal waste has historically been stockpiled in some areas and pushed over slopes and into wetlands with heavy machinery. These practices polluted and degraded wetlands, destroyed trees, and dramatically altered existing topography." Dakota County Environmental Management Department - Site Assessment 7 ?4~) Diamond T Ranch Site Report (Sites 2092 & 2017), Eagan Description of Petroleum Spills and Releases. In the approximate area of the former feedlot, the manure storage and runoff site, the Phase I and Phase II ESA reports document diesel fuel spills from an aboveground storage tank (AST) and petroleum-contaminated soil in the area of the improper 55-gallon drum storage of used oil. 11.12 The consultant recommended that the property buyer enter the MPCA VPIC (Voluntary Petroleum Investigation and Cleanup) Program to resolve the petroleum spills and releases. Resolution. There is no further documentation on file regarding the site's investigation, resolution or closure. REFERENCES Nonconforming solid waste disposal sites must be formally closed in compliance with Chapter 14, entitled "Nonconforming Sites and Facilities", of County Ordinance No. 110. A copy of the ordinance may be obtained by accessing Dakota County's website at URL http://www.co.dakota.mn.us/environ/pdf/110-99.pdf. Please note that this office should be informed of and coordinate with any investigation and testing on the properties. Contact the Dakota County Environmental Management Department for assistance. Any site investigation, cleanup, and closure should be performed with the review and approval of the appropriate regulatory authorities. This may include the Minnesota Pollution Control Agency (i.e., the Voluntary Investigation and Cleanup (VIC) Program and the Solid Waste Section]. In particular, this Department, which enforces the County's Solid Waste Management Ordinance (#110) and the Hazardous Waste Regulation Ordinance (#111), reviews site plans as approval is required. Contact appropriate County regulatory staff for assistance at telephone (952) 891-7557. Caveat and Disclaimer: The information provided is derived from a compilation of records and data gathered from a number of sources with variable reliability and accuracy. Therefore, it should be used with caution. Although reasonable and prudent care has been exercised, Dakota County and its employees are not responsible for any errors or omissions contained herein. If detailed investigations have not been conducted or reported, the extent, boundaries, characteristics, and impacts of sites discussed may be incompletely known. The waste site inventory is periodically updated. Previously unknown sites are being reported, disclosed, or discovered, and new information on existing sites is being made available. Evaluations are based on reviews of and assumptions derived from only those records and data compiled. The maps and figures are not legally recorded surveys and should not be used as such. Should any discrepancies, inaccuracies, or inconsistendes be found, please contact the Dakota County Environmental Management Department immediately. This document may be copied, quoted, and otherwise disseminated provided that it is completely intact (all pages including maps and data), unaltered, and properly cited as to authority. RCS 5125/04 revised 7/8/04 Copyright © 2004 by Dakota County Diamond T Ranch.docJpdf 11 Ibid, Liesch Associates, Phase I ESA, December 3, 2003. 12 Ibid, Braun Intertec Corp., Phase fl ESA, January 20, 2004. Dakota County Environmental Management Department - Site Assessment 8 1911 A6- 4. 2004 11:39AM No•2551 P. 2/5 Minnesota Pollution Control Agency August 2, 2004 Mr. John Helmer Toll Brothers, Inc. 8220 Commonwealth Drive, Suitc 150 Eden Prairie, MN 55344 RE: Approval of Voluntary Response Actions for Petroleum Contamination Site: Steeplechase of Eagan / Former Diamond T Riding Stables, 4889 Pilot Knob Road, Eagan WIC Site ID#. NT3525 (non-tank) Dear Mr. Helmer: The Minnesota Pollution Control Agency (WCA) Voluntary Petroleum Investigation and Cleanup (VPIC) program staff has reviewed the following documents regarding your intent to manage petroleum contaminated soils and/or ground water at the above-referenced site: • "Phase One Environmental Site Assessment" dated December 2003 prepared by Liesch Associates, Inn. • "Phase Two Environmental Site Assessment" dated January 20, 2004, prepared by Braun Intertcc. • "Development Response Action Plaza and Construction Contingency Plan" dated July 21, 2003, prepared by Braun Intertec. Based on the information provided, the MPCA VPIC staff are approving the above-referenced plan as proposed with the following modifications listed. 1. Petroleum contaminated soils encountered at the site, at or greater than 200 parts per million (PPM (PID), should be excavated and properly managed at an MPCA, approved off-site treatment/disposal facility. 2. Petroleum contaminated soils encountered at the site, less than 200 PPM (PJD) may be used as controlled fill and thinspread under newly constructed roadways and parking surfaces. 3. Petroleum contaminated soils encountered in the building footprints/foundations should be removed and properly managed as part of the development plan.. If contaminated soils remain a vapor barrier and/or vent system should be installed. A two-foot cover of clean fill should be placed over impacted soils in all building footprints.., 4. Petroleum contaminated soils. at or greater.than 10 PPM (PID) encountered during the installation of underground utilities should be removed and properly managed as part of the development plan. If PI:D readings are above 10 PPM, a vapor barrier/liner should be installed. 520 Lafayette Rd. N.; Saint Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.pea.state_mn_us St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar Equal Opportunity Employer • Printed on recycleo paper containing east 20 percent fibers from paper recycled by consumers. Aug. 4. 2004 11:40AM IVO•LJJI F. i~~ Mr. John Helmer Page 2 August 2, 2004 5. Petroleum contaminated soils that exhibit PID headspace readings at or greater than 10 FPM in "green space" areas should be removed and properly managed. A four-foot cover of clean soil should exist over impacted soils in "green space" areas, along with a vegetative cover. 6. Appropriate permits for the discharge and treatment of petroleum contaminated Around water should be acquired, if necessary. 7. Follow-up soil sampling should be conducted, upon the completion of petroleum contaminated soil excavation. Approval assumes that an implementation report will be provided to the MPCA summarizing the voluntary cleanup work once completed. If subsequently obtained information indicates that the proposed activities are inappropriate or inadequate, the MPCA may request modifications in the proposed work. This letter does not apply to other types of contamination if present at the site. Approval of this plan does not suggest that any of the costs incurred will be eligible for reimbursement from the PetcoBoard. If you have any questions regarding this letter, please call me at 651/296-7999. Sincerely, 44WC'1~1~Mark KopIitz Bassou Oulgout Project Leader Hydrogeologist Petroleum Remediation Program Petroleum Remediation Progr= Petroleum and Landfill Remediation Section Petroleum and Landfill Remediation Section MK:tf cc_ Micbael Bratrud, Braun Intert--c, Bloomington H'o 4• ZUU4 I1:4UAM N0.Z~5I H- 4/0 Minnesota Pollution Control Agency August 2, 2004 Mr. John Helmer Toll Brothers, Inc. 8220 Commonwealth Drive, Suite 150 Eden Prairie, MN 55344 RE: Petroleum Storage Tank Release Liability Site: Steeplechase of Eagan / Former Diamond T Riding Stables, 4889 Pilot Knob Road, Eagan VPIC Site ID#: NT3525 Dear Mr. Helmer: Under Minn. Stat., § 115C.021 (2002), the general rule is that a person is "responsible" for a release from a tank if that person owned or operated the tank during or after the time of the release. As the Minnesota Pollution Control Agency (1v1PCA) interprets this rule, if a person comes into. possession of property after the tanks have been removed that person is not a "responsible person" and cannot be ordered to take corrective action under Minn. Stat. Ch. 1 l 5C (2002). Liability is fiuther limited for lenders. Minn. Stat. § 115C.021, subd. 4 (2002) provides that mortgagees that foreclose or receive a deed in lieu of foreclosure may not be responsible persons even if the tanks are present, provided they do not operate the tanks or aggravate a release. However, the definition of "owner" implies that a mortgagee that forecloses on property with tanks may be considered a responsible person if the mortgagee operates the tanks or fails to complete the cleanup as a "volunteer." See Minn. Stat. § 1150.02, subd. 8 (2002). Chapter I I5C created a fund that can be used by responsible persons and "volunteers" to help fund the cost of corrective action (the Petroleum Tank Release Cleanup Account or Petrofund). A volunteer is a person who has legal or equitable title to the contaminated property (tank release contaminated property) but who is not a responsible person [Minn. Stat. § 115C.09, subd. 3b . (2002)]. A responsible person or a volunteer who takes corrective action can receive reimbursement for 90 percent of corrective action costs up to $1,000,000. As a result, it is fair to say that, unless there are compliance or cooperation issues, the liability of a responsible person, volunteer, or a lender will usually be limited to 10 p=ent of the costs of cleanup. Some costs are ineligible, and certain cost control requirements must be complied with. See Minn. R. ch. 2890 (rules of the Petroleum Tank Release Compensation Board or Petro Board). The Petroleum Tank Release Cleanup Account is continually funded. See Minn. Stat. § l 15C.08, subd. 2 (2002). 520 Lafayette Rd. N.; Saint Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.pca.state.rnn.us SL Paul • Brainerd • Detroit Lakes* Duluth • Mankato-, Marshall- Rochester • Wllmar Equal Opportunity Employer • Printed on recycled paper eontainiaaaet 20 parcent fibers from paper recycled by wnsumem .Aug. 4. ZUU4 11:4UAM No•L~Si r• ~i~ Mr. John Helmer Page 2 August 2, 2004 This letter represents the views of the MPCA and is based upon information disclosed to the MPCA as of the date hereof. Depending on your circumstances, it may or may not be construed as releasing any person from liability under state or federal laws. If you have questions concerning your particular situation, the MPCA recommends that you discuss your concerns with your legal counsel. If you have any questions pertaining to this letter please call me at 6511296-7999- Sincerely, ark Koplitz Project Leader Petroleum. Remediation Program Petroleum and Landfill Remediation Section Majors and Remediation Division. MEK:tf 651+675+5360 07i21120W.- 08:57 EPSON MAINTENCE CITY HALL DNSTR NO.165 901 WETLAND CONSERVATION ACT TECEMCAL EVALUATION PANEL (TEP) FINDINGS OF FACT Date:_ une 3, 2004 LGU: City of Toaeon Couaty:~akota LGU Contact: Eric Macbeth (651) 675-5300 Project ame/:t: Steeplechase of Eagan Applicaa~ City of Eagan Location f Project: 27 North 23 West SE Y. 33, NE M. Eagan Dakota Township, Range, Section, Qtr. Section, LotfMock. City, County T MEP M bens (and others) who reviewed project: (Check if veLVe6 project site) (X) SW • Brian Watson (X) BWSP,: LM 1.emm (X) LGU Eric Macbeth (X) MR: NIA Other W gd d Experts present: Others P t• Toll Brothers Development GrouE TEP req by: City of Eagan 1. ype of TEP determination requested (check those that apply): Delineation X Exemption Determination No-Lass Determination X Replacement Plan 2. escription of wetland with. proposed impact: Wetland Type (Circular 39) Type 2 and 3 Size of Proposed Impact (tenths of acre) 0.61 acres 3. ave sequencing requirements been Addressed? X yes _ no 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district lan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? Yes (X) No ( } 5. a project will affect the following wetland functions: unctions Impact No lmgact Improve -loodwater Storage X utrient Assimilation X ediment Entrapment X roundwater Recharge X ,ow Flow Augmentation X esthetics/Recreation X (foreland Anchoring X tldlife Habitat X fisheries Habitat X e Plant/Anitnal Habitat X mrnercial Uses X 6. For replacement plan or no-loss determbiations, are Wetland functions maintained at an equal or greater evel? Yes (X) No( ) 7, oes Technical Evaluation Panel recommend approval of the activity proposed in item 1.? Yes (X) See attached comments No ( ) If no, Why? 8. SIGN TURFS (if -MP decision 0 of a c nsensus, nole with an lerrrk and eap sin on the back of thi r page) SWCD R' esentntive (Date) B WSR olkeprescntativc (Date resent oyc (Date) DWR Rcprrsentzttive (Dfa) Drafird by I Srlox Watron, Dakota SWCD / / 07/21/2004 oe:57 EAGON MAINTENCE 4 CITY HALL DNSTR N0.1G5 P02 I Comments The Tec ical Evaluation Panel (TEP) mot to review the proposed wetland replacement plan of Toll Brothers' propose residential subdivision; Steeplechase of Eagan on June 3 and July 6, 2004. Due to the complexity of the issues oxthe parcel and the public controversy of this proposed development, the TEP was requested by the City of Eagan to provide technical recommendations relative to consisteacy of the plan with Wetland Conservation Act (WCA) Rules. Between June 3. 2004 and July 6, 2004 the following occurred: • une 3'd it was determined that the delineation of the wetland basins C1, C2, and C3 needs to be evaluated hrough a historical aerial photo review, soil survey, and other available materials to determine regulated wetland acreage from incidental wetland acres. • Pompensatoty mitigation within and around wetland basins C1, C2 and C3 is unacceptable since it is t,arently wetland and WCA Rule explicitly identifies existing wetlands as ineligible for replacement ~urposes. • meeting would be scheduled and held to review historical aerial photographs at Soil and Water nservation District Office. • request to extend WCA decision would be needed from the applicant in order for the City to comply with i.me requirements under'WCA Rule. If extension request is not provided, and based on current information, the application would be denied and process would have to be reinitiated for public notice. A 0 day time extension was requested. by applicant and accepted by the City on June 7, 2004. I • une 11'h Eric MacBeth (city) Frank Svoboda and Andy Berenberg (applicant's consultants) and Brian. IVJatson (SWCD) met at SWCD office to review wetland boundaries of C1, C2 and C3. • III une 1701, 2004 City of Eagan concurred with revised wetland boundaries for Cl, C2 and. C3. • une 18'x' a revised wetland application was submitted to the City and the City forwarded copies to SWCD ~nd BWSR staff. i • my 6, 2004 a second meeting was held to review revised application. The revised application included an dditiona1950 square feet of wetland fill (Basin C2), a greater buffer and. tree protection to Basin B, and L ffsite wetland replacement for new wetland credits. The TEP recommends approval of the revised Wetland Replacement Plan application dated June 18, 2004 pro~ded the following issues are addressed: i• Application for an incidental wetland exemption will need to be submitted to the City of Eagan for grading work associated with lot development and Pond 6 within the non-regulated wetlands surrounding Basin CI, C2 and C3. • A revised table showing proposed public value credit of at least 26,407 square feet will need to be submitted to the City. Existing wetlands are not eligible for wetland replacement, either new wetland II credit or public value credit. • The applicant is responsible for at least 26,407 square feet of public value credit either ousite or offsite through a wetland bank. • The applicant is responsible for providing evidence that off%ite wetland replacement credits have been secured prior to issuance of a grading permit by the City. I I Drafted b) Brian Illation. Dakota SWCD f Agenda Information Memo January 4, 2005, Eagan City Council VIII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - CORE STATES ENGINEERING FOR SAM'S CLUB ACTION TO BE CONSIDERED: To approve (OR to deny) a Planned Development Amendment to allow a motor fuel station on Lot 3, Block 1, Eagandale Center Industrial Park No. 9, subject to the conditions listed in the APC minutes. FACTS: • The Council denied a similar request to add a motor fuel station to this site in 2003. The primary reason for denial was that an improved access plan for the overall site needed to be addressed. • At the November 23, 2004 APC meeting, the APC continued this item to the December 28, 2004 meeting and asked the applicant to revise the access design for the site, enhance the landscape plan and provide a more detailed canopy elevation plan. • The applicant made the revisions and provided the information requested for the December 28, 2004 APC meeting. • The site is zoned Planned Development and the main store was constructed in 2001. • The motor fueling facility is proposed to be located in the northwest corner of the site on an area approximately one acre in size. • Access to the development will be through the existing driveway on Denmark Avenue and the existing service drive within the Sam's Club parking lot. • The fueling station is designed with two-way circulation around the perimeter, and one-way circulation through the pumps from the north. Six pump islands are proposed, providing fueling for 12 vehicles at once. Additional parking is not required. • Exterior building materials for the kiosk and canopy consist of split face concrete masonry unit, brick and stucco to match the principal building. No new pylon sign is proposed. Signage is proposed on the south and east elevations of the canopy. • The site plan shows that green space would be reduced from 29.6% to 27-28% with construction of the fueling facility and changes to the site access. The City Code requires a minimum of 30% green space in commercial zoning districts, and the 2003 proposal resulted in 26.4% green space. • The APC held a public hearing on November 23, 2004, had further discussion at the December 28, 2004 meeting, and did recommend approval. 60-DAY STATUS: • Deadline is February 17, 2005 ATTACHMENTS: December 28, 2004, APC Minutes, will be rovided in the informational packet November 23, 2004 APC Minutes pages through J.00 Staff report, pages through~4 City of Eagan Advisory Planning Commission Meeting Minutes November 23, 2004 Page 6 New Business C. Sam's Club Fuel Sales Applicant Name: Patrick Bennett, Core States Engineering Location: 3035 Denmark Ave, in the NE 114 of Section 10 Application: Planned Development Amendment Planned Development Amendment to allow motor fuel sales at Sam's Club File Number: 10-PA-26-10-04 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 18, 2004. She noted the background and history. Dave Sellergren, attorney and land use representative for Wal-Mart and Sam's Club stated agreement with the requirements, with exception of condition number four (4). He displayed a picture of the proposed fuel station and explained the modifications. He stated an attendant would be present during all hours of operation. He agreed with the need to bolster the landscaping, discussed the circulation plan and changes to the site access from Denmark Avenue. Patrick Bennett, Core States Engineering, discussed amendments to the access plan and landscaping, addressing concerns of City Staff. He discussed the traffic control signage throughout the site. Member Bendt stated concern for the egress and ingress of the new design. Mr. Bennett stated the changes are an improvement considering what they have to work with and existing constraints. He explained that the new proposal is the safest option for the site. He discussed signage that could be used to help the flow of traffic. Member Matthees stated concern with lack of landscaping in areas near the access points. She stated landscaping near the access should be low lying, so as not to interfere with traffic visibility. Member Bendt suggested adding trees to the west elevation, near the freeway. Member Gladhill stated the circulation has improved, however he is still concerned that the lot is not able to support what is being proposed and the final product will be unattractive. Member Leeder suggested a more appealing structure, consistent with the Sam's Club store. He stated the amount of green space has improved, however the access still presents issues. City of Eagan Advisory Planning Commission Meeting Minutes November 23, 2004 Page 7 Member Bendt stated the proposal is not that far from acceptable and the APC may be micromanaging the proposal. Chair Heyl disagreed and stated the APC and City are obligated to determine the benefits to the developer and the City while also addressing deficiencies regarding this proposed amendment. She suggested that a more detailed landscaping plan be submitted. Mr. Sellergren stated he would like approval this evening; however, he saw benefit in continuing the item to allow the APC the opportunity to review revisions to the landscaping plan, canopy design and access/circulation. Member Gladhill suggested that a third access alternative be presented. 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 Leeder moved, Member Hansen seconded a motion to recommend continuance of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of 1-35E in the NE 1/4 of Section 10 until the December 28, 2004 Advisory Planning Commission meeting. All voted in favor. Motion carried 7-0. 2 MEMO city of eagan TO: CHAIR CARLA HEYL AND ADVISORY PLANNING COMMISSION FROM: PAMELA DUDZIAE, PLANNER DATE: DECEMBER 21, 2004 SUBJECT: SAM'S CLUB CANOPY AND LANDSCAPING On November 23, 2004, the Advisory Planning Commission considered a proposal by Sam's Club to add a fueling facility to the property. At that meeting, with the consent of the applicant, the APC continued the item to the December 28, 2004 meeting to allow Sam's to address concerns about access and circulation, architectural treatment of the canopy, and landscaping. Sam's has submitted revised plans. Sam's proposed two additional access options, which are discussed in the attached memo from Assistant City Engineer John Gorder. Sam's also submitted revised canopy elevations and a revised landscape plan. Canopy Elevations - The revised canopy elevations show pillars of brick and split face CMU. The canopy also has a stucco panel and cornice, as does the kiosk. The pillars are brick with a split face concrete masonry unit base and split face CMU accent band midway up the pillar. The architectural design with the brick and the CMU accents on both the canopy and kiosk match the store. Signage on the canopy consists of block letters "SAM'S CLUB Gas" and is noted to be on the south and east elevations only. The plans still show the Sam's Club logo on the fuel pumps. Landscaping - The revised Landscape Plan is an improvement on the initial submittal. The revised plan shows solid landscaping along the east and west sides of the fueling facility. In both locations, evergreen trees and shrubs are used for screening. On the south side of the facility, a mix of evergreen and deciduous shrubs are used within the island that separates the facility from the main parking lot drive aisle. Additional trees and shrubs have been added to the north side of the facility also. Overall, the revised Landscape Plan shows enhanced screening and improved aesthetic design. In summary, the revised Landscape Plan and canopy plans are improved from the initial submittal. The landscape plan is acceptable. The fuel pump signage should be removed from the final plans. ao~ ~y MEMO city of eagan TO: PAM DUDZIAK, PLANNER FROM: JOHN CORDER, ASSISTANT CITY ENGINEER DATE: DECEMBER 16, 2004 SUBJECT: SAM'S CLUB PARKING LOT INGRESS/ EGRESS CONFIGURATION On November 23, in consideration of the Sam's Club motor fuel station, the Advisory Planning Commission (APC) expressed concerns regarding the configuration of the existing main vehicle entrance, and Sam's Club proposed re-configuration of that entrance. The APC directed the applicant to work with City staff on other options to address concerns of conflicting traffic movements. Sam's Club created two additional options that City staff feel are acceptable for further APC consideration. The options (see attached drawings) are as follows: • Option 1 - This is a slight modification to the plan presented to the APC in November. The entrance/ exit length is lengthened by about 70 feet from the original plan by shifting the north-south oriented landscape island one more parking bank to the west. This option provides for more decision time for the incoming driver and more stacking length (-200 feet) for exiting vehicles. • Option 2 - This option provides for the separation of incoming from exiting traffic by creating a driving lane solely dedicated to inbound traffic from Denmark Avenue to the north side of the parking lot, away from the main entrance of the building. This driving lane would be in essentially the location as the current north-south drive in the northeast corner of the site. Exiting traffic would continue in the same location as it currently does. This option all but eliminates conflicts between incoming and outgoing traffic. Either of these options seems acceptable to alleviate current traffic conflicts on the site. 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A 4 I R g{ ~ RE b aX^4 d4~ r Y R w q.S'A4 is Ey pRt~F"F,,„~A4 i R R I : 4 ' p fit' ~ R D °4g~ °E~[j s~~a~R! 9 b~ FF FE}mi°~ ,°a F R {7 Q pq 4 _ a ~1 -,~a ppR ~A 4~ ~A e~ ~ gp~°6~m m A ~ Q3 ~ k ! Y ~ `'4A" R Ry~4aAA F {n 44 R a;' t R R a x ~ , 0 4=~QI- d~e pi ~Q'N$A~ c~ X~ "4$ a FxA4 E ~ SF y ~ _ ¢4n ; 4 R a#~1R m° R @ 4~ a i S ° . m .a.. m u ....,o. ° a a ENGINEERING W., s1EvELOPr~Nr PANS FOR ASSOCIATES, INC. rMS CLUB WELMG STATION EAGAN MINNESOTA 3035 DENNAPoC AVE !CLUB 047981 v ' € m OVERALL SITE PLAN REVISED ACCESS- OPTION 2 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 18, 2004 CASE: 10-PA-26-10-04 APPLICANT: Core States Engineering HEARING DATE: November 23, 2004 PROPERTY OWNER: Sam's Real Estate APPLICATION DATE: October 20, 2004 Business Trust REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3035 Denmark Avenue COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Core States Engineering, on behalf of Sam's Club, is requesting approval of a Planned Development Amendment to allow the addition of a motor fuel station on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of I-35E in the NE'/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the. regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 2003, Sara's submitted a similar request for a motor fuel facility, which was denied by the Council. The one year required time frame has passed since the denial, and Sam's has submitted a new application for a fueling station with a redesigned site layout. In 1987, a Planned Development was approved for Eagandale Center Industrial Park No. 9 that designated this lot for a health/fitness club or office/industrial use. By 2000, development on the Planning Report - Core States Engineering (Sam's Club) November 23, 2004 Page 2 surrounding lots had proceeded, with most of those initial uses being amended to include hotels, office, a restaurant and an office/showroom building. In 2000, the City approved an amendment to the Comprehensive Land Use Guide Plan changing the land use designation from Limited Industrial to Commercial Planned Development to accommodate the proposed Sam's Club retail use. With the adoption in 2001 of a City-wide update to the Comprehensive Guide Plan, the property was designated RC, Retail Commercial. The building was constructed in 2001, and in May of that year, an amendment to the initial Sam's Club Planned Development was approved to allow the addition of a liquor store to the building. A deviation from the minimum number of parking stalls was granted as part of the Planned Development. At the time of initial development, the plans showed the area on the north end of the site as proof of future parking. In June 2002, once the building had been open for several months and no need for additional parking had been demonstrated, the City agreed to release Sam's from the proof of parking obligation. Sam's subsequently made application for a PD Amendment to add a motor fuel facility to the site in 2003. That application was denied by the City Council. The primary reason for the denial was that an improved access plan for the overall site needed to be addressed. Sam's has now submitted a new request for Planned Development Amendment to add a motor fueling station to the site. The facility has been redesigned from the previous proposal, and the new plans show modifications to the existing site access. EXISTING CONDITIONS The site is developed with a 137,400 sq. ft. Sam's Club store, which includes off-sale liquor. The building is located on the south end of the property. Access to the site is provided from Denmark Avenue, opposite Clubview Drive. A drainage pond is located in the northeast comer of the site. The open area on the north end of the site consists of approximately one acre, and is the location proposed for the motor fuel station addition. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Homestead Village PD, Planned Development BP, Business Park South Vacant .S. Postal Service I-1, Limited Industrial IND, Limited Industrial East Southeast Tech Center office PD, Planned Development BP, Business Park West I-35E EVALUATION OF REQUEST Description of Proposal - Sam's Club is proposing to add a free-standing gas fueling facility to their property at 3035 Denmark Avenue. According to the applicant, the facility will "consist of Planning Report - Core States Engineering (Sam's Club) November 23, 2004 Page 3 a new overhead canopy with 6 islands and 12 dispensers, underground storage tanks, a small kiosk, and associated improvements." This is a fueling station only providing no maintenance or convenience items. There is an attendant present to assist customers, but not to pump any fuel or sell any goods or services. The applicant states that "this will become another asset which can be taken advantage of by the existing (and new) Club members who are already on site." Site Plan - The site plan shows the motor fueling station at the north end of the site. Access to the development will be through the existing driveway on Denmark Avenue and the existing service drive within the Sam's Club parking lot. Six pump islands are proposed, providing fueling for 12 vehicles at once. The fueling station is designed with two-way circulation around the perimeter, and one-way circulation through the pumps. Vehicles entering the fueling station may enter from either direction to get to the north side of the station, then enter the pump lanes from the north, exiting to the south onto a one-way exit drive which funnels vehicles to the west to reenter the main parking lot drive lane. Green Space - The City Code requires a minimum of 30% green space in commercial zoning districts. The site plan shows that green space would be reduced from the existing 29.6% to 28.3% with construction of the fueling facility. While this is still a net reduction in green space, this proposal is an improvement over the 2003 plan, which had a resulting green space ratio of 26.4%. Access/ Circulation - While there are not specific City standards or code requirements regarding parking lot circulation and configuration, the consideration of the Planned Development Amendment allows for review of the entire site's vehicle circulation. With previous consideration of this Planned Development Amendment proposal, the City Council expressed concerns with the current vehicle circulation patterns at the main driveway at Denmark Avenue that forms a Y pattern close to the access on Denmark Avenue. This Y pattern forces incoming vehicles to quickly make a right or left turn upon entering the parking lot, sometimes conflicting with exiting vehicles. Also, drivers of exiting vehicles on two legs of the Y who arrive at the intersection at the same time are sometimes undecided as to who has the right-of-way. The applicant's revised site plan shows complete removal of the existing drive to the north of the entrance, and the creation of a T intersection to replace the Y configuration. The T intersection is proposed to have stop conditions for its two exiting legs (north and south). While this proposal may reduce the indecisiveness of exiting drivers, the potential conflicts between entering and exiting vehicles near the access to Denmark Avenue still exists. City staff previously recommended to the applicant that a two-way drive aisle be extended directly in an east-west orientation from the Denmark Avenue access through the middle of the existing parking lot, reducing conflicting movements close to Denmark Avenue, and providing access to each of the north-south oriented parking lot drive aisles. The applicant should provide this two-way drive aisle through the middle of the existing parking lot. Planning Report - Core States Engineering (Sam's Club) November 23, 2004 Page 4 The proposed fuel station provides for one-way only vehicle circulation in the pump area, with construction of curbing and medians. While this is not consistent with other fueling stations within the City, the applicant feels that it reduces vehicle conflicts of two-way traffic by reducing conflict points of exiting traffic with traffic on the drive aisle directly to the south. Storm Drainage - Storm water runoff from the development will drain via an existing private storm sewer system within the Sam's Club site. Utilities - Sanitary sewer and water main service is available for the development from existing service lines to the Sam's Club building. Parking - There are currently 633 parking stalls provided to serve the 137,400 sq. ft. store. This exceeds the number of stalls required by the zoning ordinance. Since the proposed motor fueling station does not provide additional retail space on the property, additional parking is not required. The plans provide parking at the pump islands and individual stacking lanes for each set of pumps within the motor fuel facility area. Lighting- A lighting plan was submitted showing light fixtures and both operational and non- operational light levels beneath the canopy. The lighting plan did not show other site lighting around the canopy, building and drive areas of the motor fuel facility. It is not known whether additional free standing or building mounted fixtures are planned. There are 24 recessed fixtures. The "Encore" fixture has a flat lens with a 370 watt bulb. Operational light levels beneath the canopy range from 25 to 58 footcandles, with an average of 45.68 footcandles. These levels are typical for a fuel canopy. Non-operational light levels range from 0.8 to 20.9 footcandles, with an average of 10.46 footcandles. The non-operational lighting is what would remain on for security purposes when the fueling facility is closed. With the flat lens fixtures and downcast lighting, the lighting should not spill off the property or create glare onto adjacent property or public rights-of-way. The elevation of the properties should also help prevent glare problems since the adjacent property (Homestead Village) is at a higher elevation than the motor fueling facility, and occupants would be looking down rather than across at the fueling station. The final site lighting plan should provide site lighting for the entire area of the motor fuel facility. Any new free-standing or building mounted fixtures should match existing lighting on the site. Site lighting should not exceed one footcandle at the property line, and should be shielded and downcast so the source of light is not visible from off the property. Hours of Operation - Sam's is proposing the motor fuel facility to be operational between 6:00 a.m. and 9:00 p.m. on Monday through Saturday, and Sundays 9:00 a.m. to 7:00 p.m. This is about one hour before and one hour after the regular store hours. The regular store hours are: a~~ Planning Report - Core States Engineering (Sam's Club) November 23, 2004 Page 5 Monday - Friday 10:00 a.m. to 8:30 p.m. (7:00 a.m. to 10:00 a.m. for business members only) Saturday 9:30 a.m. to 8:30 p.m.(7:00 a.m. to 10:00 a.m. for business members only) Sunday 10:00 a.m. to 6:00 p.m. This property would not be subject to restricted hours under the standard provisions of the City zoning ordinance. The hours of operation may be restricted through the Planned Development, if City officials deem it appropriate. Staff suggests limiting the hours of operation to those proposed by the applicant and is open to further discussion on this matter during the APC meeting. Landscaping - The site was landscaped with the Sam's Club development in 2001. Additional landscaping is proposed around the fueling station and within new islands on'the north end of the existing parking lot. The proposed landscaping seems sparse and does not satisfy the screening and buffering requirements of the city's landscape ordinance. The landscaping to the east of the fueling facility (adjacent to the pond) should be enhanced to provide a more substantial buffer from Denmark Avenue. Landscaping should also be provided west of the facility adjacent to the I-35E ramp. A variety of plant materials (height, deciduous and evergreen, etc.) adds visual interest and careful placement of the plantings with a 34 foot height provides effective screening of vehicles while leaving the structures and signage visible. Staff suggests additional trees (shade, ornamental, and evergreen), along with shrub beds. Some suggested shrub species would be dogwood, lilac, juniper (a variety such as Mint Julep) or Taunton yew. The landscape plans does not show any sodded areas, and it appears from the Site Plan that seed will be used. All disturbed areas not otherwise planted with landscape beds should be sodded. This includes all the area around the perimeter of the fueling station, and the curbed islands on the south side of the fueling station. To minimize maintenance, the new landscape islands on the north end of the main parking lot should be mulched rather than seeded. Also, these islands are proposed to be landscaped with trees and shrubs and staff is concerned that the shrubs will be damaged during the winter as a result of snow storage. As an alternative, perennial plantings such as ornamental grasses, daylilys, sedum, etc. could be used in these areas. Regardless of the type of plants utilized, it is the property owner's responsibility to maintain all plant materials in a healthy condition and to replace any materials that die or are removed due to disease. A revised landscape plan should be submitted for incorporation into the Planned Development Amendment Agreement. In addition to the modifications mentioned above, the revised landscape plan should include contour lines and be signed by a registered landscape architect or certified nurseryperson. Elevations - The building elevation plans are acceptable. Exterior materials consist of split face concrete masonry unit, brick and stucco to match the principal building. These materials are also utilized on the canopy, with split face block and brick supports and a stucco canopy. Signage - Signage is proposed on the south and east sides of the canopy. No new pylon sign is proposed, and no signage is proposed on the service building. The elevation plans show a "Sam's Club" sign on the front of each pump. Planning Report - Core States Engineering (Sam's Club) November 23, 2004 Page 6 The pump signage is not consistent with the City sign ordinance, which allows signage only on buildings. Therefore, the plans should be revised to eliminate the pump signage. The revised plans should be submitted to the City for incorporation into the Planned Development Amendment Agreement. SUMMARY/CONCLUSION In summary, Core States Engineering, on behalf of Sam's Club, is requesting approval of a Planned Development Amendment to allow the addition of motor fuel sales on the Sam's Club property at 3035 Denmark Avenue. The motor fuel facility is proposed to be located on an approximately one-acre open area at the north end of the Sam's Club site. No subdivision is involved with this development. The site appears to be of sufficient size and design to accommodate this additional use. No additional parking is necessary. Staff suggests some changes to the landscape plan and signage plan. The building materials and design appear consistent with the main store building. The site is not subject to restricted hours based on the City's zoning ordinance. Hours of operation may be restricted through the Planned Development if City officials deem it appropriate. At this time, Sam's is proposing operational hours that are about one hour before and one hour after regular store hours. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of I-35E in the NE %a of Section 10. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Other than motor fuel, no goods shall be sold nor services provided at the motor fuel facility. 3. There shall be an attendant at the fueling facility at all times during operating hours. 4. The applicant shall provide a two-way drive aisle extended in an east-west orientation from the Denmark Avenue access through the middle of the existing parking lot. 5. The final site lighting plan shall show site lighting for the entire area of the motor fuel facility, including any additional free standing or building mounted fixtures. Any new free-standing or building mounted fixtures shall match existing lighting on the site. Site lighting shall not exceed one footcandle at the property line, and shall be shielded and downcast so the source of light is not visible from off the property. C;? Planning Report - Core States Engineering (Sam's Club) November 23, 2004 Page 7 6. The motor fuel facility shall operate only between the hours of 6:00 a.m. and 9:00 p.m. Monday through Saturday, and 9:00 a.m. and 7:00 p.m. Sundays. 7. A revised landscape plan shall be submitted to City staff for approval and for incorporation into the Planned Development Amendment Agreement. The revised landscape plan shall provide additional landscaping on the east and west sides of the facility, and utilize sod rather than seed. 8. The final landscape plan shall include contour lines and be signed by a registered landscape architect or certified nurseryperson. 9. The proposed motor fueling facility shall be constructed of rockface block, brick and stucco materials to match the existing building and shall be consistent with the elevations shown on the plans dated January 6, 2003. 10. Canopy signage is allowed on two elevations only. 11. Advertising and name signage shall not be allowed on the fuel pumps or pump islands. 12. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. ~13 Eagan Boundary Location Map Street Centerline O Parcel Area Building Footprint ® F Z~ a' 6~ ~ yr ~ • .;?l P o ~m~~ o } S E7 f ® Sub'ect Site a R~ ® e~ it ~ i g ~ Y O AAA777iff1111IIAAA ' f 1000 0 1000 2000 Feet Develop ment/Developer. Sam's Club Fuel Sales Application: Planned Development Amendment Case No.: 10-PA-26-10-04 Map prepared using ERSI McVkw 7.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2004. 'IS"iRT FERENCE~tSE-ONt W E A city of eagan The City of Eagan and Dakota County d73t e the accuracy of this information and ara S Community Deedopmant DepaR~ not re o o s or omissions. Noo-ina-E 220. 11 I I O fib' J,pB~J ~3! ~ I 1 ~ tJ a 'yi. ~ 11 a' ~ ~ ' r're^ II yc 1 I q~ I I II ' Q do II ~ I I I ► .t jl gN J~ II C. 1 ~ 1 vl t i °w 1 ~ ` rt t y 1ri. 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PLANNED DEVELOPMENT AMENDMENT (LOT 2, BLOCK 1, EAGANDALE OFFICE PARK 5" ADDITION) - EAGANDALE BUSINESS CENTER, LLC ACTION TO BE CONSIDERED: To recommend approval of (OR direct Findings of Fact for Denial) a Planned Development Amendment and a Final Planned Development for multiple buildings on one parcel for a four- building 20-unit town office condominium development on Lot 2, Block 1, Eagandale Office Park 5`h Addition in the NW '/4 of Section 3, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: • The subject site is vacant and was rough graded as part of previous development. There is no significant vegetation on the property. A stormwater holding area is located in the eastern portion of the site. • The applicant is proposing four two-story office condominium buildings totaling 57,000 square feet, on one parcel. • The three 12,000 sq. ft. buildings will have underground parking accessed from the north. A surface parking lot will be accessed via a shared driveway with the adjacent parcel to the west from Corporate Center Curve to the south. • Significant modifications to the City storm drainage system and re-grading of this pond will be necessary to accommodate this development. • A retaining wall is proposed along the east side of the lot adjacent to the pond. • The proposal shows 249 stalls (including underground parking), with 25 of those in proof of parking. One deviation from typical standards is the proposed 10-foot parking setback from Corporate Center Curve, however, this is consistent with the adjacent property to the west. • The buildings have been designed to exhibit an appearance that is more commercial than residential, and is similar to the other buildings in the office park with the flat roof, entrance peaks, and use of brick and EIFS materials. • With multiple condominium buildings on a single parcel, an association for common ownership and maintenance of the parking lot and grounds is necessary. • The Landscape, Grading, Utility and Site Lighting Plans are all acceptable. • One monument sign is proposed at the entrance on Corporate Center Curve. One of the recommended conditions of the PD is that signage for occupant names be restricted to the monument sign only. • Trash storage will be inside the buildings. • The APC held a public hearing on December 28, 2004, and recommended approval of the Planned Development Amendment for multiple buildings and approval of the Final Planned Development, subject to the conditions listed in the APC minutes. 0 V?'5~ ISSUES: • While the proposed office use is consistent with the BP land use designation and surrounding uses, the multiple building design is a departure from the established character of the area. • In addition to the requested amendment for multiple buildings on one parcel, exceptions to typical zoning standards are the number of parking stalls and the parking lot setback from Corporate Center Curve. • The acceptability of the proposed amendment and its deviations are a policy matter to be determined by City officials. 60-DAY STATUS: Deadline is January 17, 2005 ATTACHMENTS: December 28, 2004, APC Minutes will be provided in the informational packet Staff report, pages~through~~ ~ ~6 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 21, 2004 CASE: 03-FD-10-11-04 APPLICANT: Jeffrey B. Larson HEARING DATE: December 28, 2004 PROPERTY OWNER: George Zirnhelt, APPLICATION DATE: Dec. 1, 2004 Power Systems Research REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1345 Corporate Center Curve COMPREHENSIVE PLAN: BP, Business Park ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment and Final Planned Development to allow multiple buildings on one parcel for property at 1345 Corporate Center Curve, legally described as Lot 2, Block 1, Eagandale Office Park 5th addition, in the NW '/4 of Section 3. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject property was initially platted in 1985 and with the adjacent property to the west, comprised a single parcel. In April of 1997, the City approved a Final Planned Development that called for a two phase, 90,000 square foot office building upon the entire parcel. The first phase of the building.was constructed in 1997 and consists of a two-story, 25,000 square foot office building (see attached Exhibit). The center and easterly portions of the building were never dc,?,2 Planning Report - Eagandale Office Park 5`h December 28, 2004 Page 2 constructed and in 2000, the property was subdivided, creating a separate lot of the vacant easterly portion of the property. This vacant lot is the subject of this development proposal. EXISTING CONDITIONS The subject site is vacant and was rough graded as part of previous development. There is no significant vegetation on the property. A stormwater holding area does, however, exist in the eastern portion of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Office (BCBS) and I-1, Limited Industrial IND, Limited Industrial Warehouse South Office PD, Planned Development RD, Research and Development East Office and Industrial PD, Planned Development IND, Limited Industrial West Office PD, Planned Development RD, Research and Development EVALUATION OF REQUEST Description of Proposal - The applicant is proposing four two-story office condominium buildings totaling 57,000 square feet. Three 12,000 sq. ft. buildings will have four units each with underground parking accessed from the north. The 21,000 sq. ft. building will have eight units and no underground parking. The proposal shows 249 stalls, with 25 of those in proof of parking. A retaining wall is proposed along the east side of the lot adjacent to the pond. A 10- foot parking setback from Corporate Center Curve is proposed, which is consistent with the adjacent property to the west. Compatibility with Surrounding _Area - The proposed office use appears consistent with the Business Park land use designation for this property. The site is surrounded by office and industrial uses. The other office buildings in the Eagandale Office Park are 2-3 stories and the exterior finishes are primarily brick and glass. Each of these other lots contains a single building, and the proposed multiple building design is a departure from the established development pattern. This type of development with multiple smaller buildings and condominium ownership has typically been utilized in areas where a transition between more intense and less intense uses is appropriate, such as from commercial to residential. However, in this case where the surrounding uses are office and industrial, the town office condominium product does not serve as a transition and may seem out of character. Planning Report - Eagandale Office Park 5"' December 28, 2004 Page 3 The buildings have been designed to exhibit an appearance that is more commercial than residential, and is similar to the other buildings in the office park with the flat roof, entrance peaks, and use of brick and EIFS materials. Applicant's Narrative - The applicant's narrative states that the proposed amendment does not have an impact on surrounding properties and land use, the building area is smaller than the original PD approved. In addition, the applicant states that the amendment will improve the original plan by providing for small buildings. Further, the applicant asserts that the amendment will result in a better use of the land by providing similar use, but with less impact to storm water management, hard surface coverage, and traffic. Additionally, the applicant indicates there will be substantially less visual impact on the site and to neighboring buildings due to the smaller scale of their design. Association - With multiple condominium buildings on a single parcel, an association for common ownership and maintenance of the parking lot and grounds is necessary. The developer should submit a copy of the condominium association documents to the City for review and approval by the city attorney prior to obtaining a building permit. Density/Green Space - The building footprints will cover 25,000 square feet, which is 14.8% of the lot size. This is consistent with typical commercial zoning standards which set the maximum building coverage between 20% and 30%. The impervious coverage ratio is 65% (including the proof of parking), leaving 35% in green space. This is more than the typical commercial standard for green space, which is a minimum of 30%. Setbacks - The Planned Development district does not establish minimum setback requirements. The initial Planned Development for this property showed a zero-lot line condition, with future construction as an extension of the existing building on the adjacent lot to the west. Zoning districts in which office uses are allowed typically impose a 30-foot building setback from a public right-of-way, and a 10 to 20 foot setback for side and rear yards. The proposed development satisfies these typical setbacks. While the proposed buildings are situated closer to Corporate Center Drive than the adjacent building, the proposal does satisfy the minimum 30 foot setback from a public right-of-way. Parking setbacks of 20 feet from Corporate Center Curve and Corporate Center Drive, and five feet from side and rear lot lines are required. The applicant is proposing a 10-foot parking setback from Corporate Center Curve for the proof of parking. This is consistent with the parking setback on the adjacent property to the west. Parkin - The City Code requires a minimum of one parking stall for every 150 square feet of net building area (80% of the gross square footage). Using this standard, the 57,000 square feet of office space would need 304 parking stalls. The proposed site plan shows 249 parking stalls. The applicant's narrative states that this type of development employs fewer people per square 4~ 9 Planning Report - Eagandale Office Park 5' December 28, 2004 Page 4 foot than traditional office buildings and there are fewer outside clients/customers that visit the offices. Consequently, the actual parking need is less than what the zoning ordinance requires. All stalls satisfy the dimensional standards in the City Code and are at least 10 feet wide and 19 feet deep. Grading - The site was graded with previous development in the area and is relatively flat and open. Utilities - Sanitary sewer and water main of sufficient size, depth, and capacity are available for connection by this development. Storm Drainage - Development of the site as proposed will require significant modifications to the City storm drainage system and re-grading of the pond (Pond HP-8 as designated in the City Storm Water Management Plan) in the northeast corner, including the removal and reconstruction of storm sewer pipes, and the construction of a new skimmer outlet structure. The developer should construct these modifications in accordance with City engineering standards. The developer should obtain a City permit to work within easement which will require that the developer provide for City inspection, construction escrows, as-built plans, and financial guarantees for the proposed public storm sewer modifications. Access - Street access is proposed in two locations, one at a shared access with Lot 1 onto Corporate Center Curve, and another onto Corporate Center Drive. The shared access with Lot 1 is currently constructed with two driveway openings and would be confusing to drivers. The shared access should be reconstructed to provide for a single driveway opening with a maximum width of 30 feet onto Corporate Center Curve. Easements/ Permits/ Right-of-Way - The developer should prepare an ingress/ easement for the shared access between Lots 1 and 2 for review and approval by the City Attorney prior to final subdivision approval. The developer should provide drainage and utility easement over revised Pond HP-8 to cover the calculated I% event high water level plus 3 feet in elevation of the pond. Wetlands/Water Quality - To meet City water quality requirements, the modification of Pond HP-8 should result in a minimum stormwater treatment volume of 0.46 acre-feet. According to NURP design guidelines, a 10:1 slope should be graded from the normal water level. There are no wetlands associated with this project. Building Elevations/Architecture - Buildings 1, 2 and 3 are two stories with underground garages. The garages are accessed from the north, where a service drive is proposed to connect to Corporate Center Drive. Building 4 is three stories and does not have underground parking. The exterior finishes consist of brick, EIFS and glass. The west side of Building 1 and the east side of Building 3 which are the most visible, are an all brick finish. The east and northeast X36 Planning Report - Eagandale Office Park 5`h December 28, 2004 Page 5 elevations of Building 4 are all brick, and these two elevations are also highly visible from Corporate Center Drive. The front (south) elevations of Buildings 1, 2 and 3 have EIFS on the upper two stories, a brick base on the lower portion of the first level, and vertical brick elements at the corners of the building and between the two entrances. The front (west/northwest) and south elevations of Building 4 have a similar exterior finish, again with brick on the lower portion of the first level, and vertical brick features extending the height of the building, with EIFS on the upper levels. The buildings are a flat roof design, and incorporate a small peak above each entrance. The applicant's narrative says this accent "is seen on the adjacent office building to the south and on the top of the Crown Plaza Hotel." The architectural drawings do not show rooftop mechanical equipment. Any such equipment should not be visible from the street. Landscaping - The Landscape Plan appears to satisfy ordinance requirements. The City's landscape ordinance requires that parking lots be screened from public rights-of-way. Berming and plant materials are the most commonly used. A significant berm is shown on the north side of the property, effectively screening the underground garages. Screening of the parking lot from Corporate Center Curve is provided by a mix of deciduous and evergreen shrubs. Shade trees are interspersed with the shrubs for height variation. Several Black Hills Spruce trees are shown on the west side of Building 1, "to mitigate the visual impact between buildings" since the setback of the proposed buildings is offset from that of the existing building to the west. Maple trees and perennial daylilies are proposed for the parking lot islands. The shade trees and perennials will allow for snow storage in the winter, while providing greenery and shade throughout the parking lot in the summer. On the north side of the site, weeping willows are shown on the inside of the berm along the service drive to Buildings 1, 2 and 3. Foundation plantings along the front of the buildings consist of both evergreen and deciduous shrubbery, with species that provide a variety of color as well (Techny Globe Arborvitae, Annabelle Hydrangea and Burgundy Carousel Barberry). The building facades are broken up with a Swedish Columnar Aspen, a species that is hardy in this climate and very compact while growing to a 40 foot height at maturity. Si`mag`e - The applicant is proposing one monument sign at the driveway on Corporate Center Curve. This monument sign is subject to City Sign Code requirements. No building signage is proposed, except address numbers above the entrance doors to each building. In a review of the signage on other sites within this office park, each building appears to have a single occupant and each building has a monument sign. Many of the buildings have no building signage other than address numbers. The building signs that do exist are small and understated. Staff has some concern that the multiple occupant nature of this type of development will lead to multiple business signs on each building, which would be inconsistent with the established signage pattern within this office park. For this reason, occupant names should be restricted to a3/ Planning Report - Eagandale Office Park 5'' December 28, 2004 Page 6 the monument sign only. The monument sign is be subject to City Sign Code standards for size, setbacks, etc. At the east end of this site is an existing monument sign for Power Systems Research, whose building is located on the adjacent parcel to the west. This is an off-premise sign and should be removed prior to issuance of a building permit for this development. Trash Storage - No trash and recycling enclosures are shown on the site plan. The applicant has indicated that trash will be stored within the buildings. Site Lighting - The lighting plan shows 25-foot freestanding poles in the parking lot, and wall- mounted lights above each garage entrance. The parking lot lights are a shoebox style, with shielding on all four sides, and a 400 watt high pressure sodium metal halide fixture. Light levels of not less than 0.5 footcandles are shown throughout the parking lot. The wall-mounted lights above the garages will be mounted at 10 feet and are also shielded and downcast. Light levels at the property boundaries are less than one footcandle. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. Parks and Recreation - This development is responsible for cash park and trails dedications payable at the time of building permit issuance at the rates then in effect. The 2004 rates are $4,970.00 per acre for parks and $1,033.00 per acre for trails. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment and Final Planned Development to allow multiple buildings on one parcel for property at 1345 Corporate Center Curve. The acceptability of this development is a policy matter to be determined by City officials. The proposed office use is consistent with the Business Park land use designation and surrounding uses. However, the multiple building design is a departure from the established development pattern in the area. The other buildings in this office park are single occupant buildings, with two- three stories consisting of mostly brick and glass. The proposed buildings are not only multiple buildings on a parcel, but also multiple occupants. The proposed buildings are multiple stories and have a flat roof with architectural peaks. The building exteriors are primarily brick and EIFS . The development appears to meet most typical zoning code standards. The two exceptions are the number of parking stalls and the parking lot setback from Corporate Center Curve. The applicant is proposing 249 parking stalls, and the zoning code would require 304. The proposed parking setback is 10 feet rather than the required 20 feet, however, this is consistent with the parking setback on the adjacent property to the west. Most of the technical design elements are satisfactory. Some modifications to the southerly access and significant modifications to the pond and City storm drainage system will be necessary to accommodate the proposed development. 3o2) Planning Report - Eagandale Office Park 5`i' December 28, 2004 Page 7 The applicant has simultaneously applied for approval of the Planned Development Amendment and a Final Planned Development. Therefore, approval of the Planned Development Amendment constitutes approval of a Final Planned Development, which will be incorporated into a forthcoming PD Agreement. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment and a Final Planned Development for multiple buildings on one parcel for a four-building 20-unit town office condominium development. If approved the following conditions shall apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: ► Final Site Plan ► Final Building Elevations/Signage Plan ► Final Landscape Plan ► Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. Prior to issuance of a building permit, the developer shall provide to the City a copy of the condominium association documents, in a form acceptable to the City Attorney. 5. The developer shall construct the modifications to Pond HP-8, in the northeast corner of the site, in accordance with City engineering standards. 6. The developer shall obtain a permit from the City to work within the easement area of pond HP-8. The terms of such permit shall require the developer to have such work inspected by the City, construction escrow in an amount reasonably determined by the City, as-built plans, and financial guarantees for the proposed public storm sewer modifications. 7. The shared access to Lots 1 and 2 shall be reconstructed to provide for a single driveway opening with a maximum width of 30 feet onto Corporate Center Curve. 8. The developer shall prepare an ingress/ easement for the shared access between Lots 1 and 2 for review and approval by the City Attorney prior to final subdivision approval 9. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 033 Planning Report - Eagandale Office Park 5" December 28, 2004 Page 8 10. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 11. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 12. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 13. Occupant name signage shall be limited to the monument sign only. 14. The monument sign shall be subject to the standards of the City Sign Code for size, setbacks, etc. 15. The existing off-premise monument sign at the east end of the site shall be removed prior to issuance of a building permit for this development. 16. Storage of all trash and recyclables shall be contained within the buildings. 17. All site lighting shall be shielded and directed downward so that the source of light is not visible from off the property. 18. This development is responsible for cash park and trails dedications payable at the time of building permit issuance at the rates then in effect. Eagan Boundary Street Centerline Location Map Parcel Area Building Footprint i Mendo a eLhts mTnIfTATH1WY~T1Wf r. Sub'ect Site / T~ e' yam' lii ~ J{ ~ - _ - om - B o vm p o o p .o. J \ =T lJ ~Y foe- ® e~ lia Cf r~'3 F8 Q ® w t't an qa e Boa \ o J.. E oc ° ° mom. 6`9 fb ® A, - 6 b' a Q ~ ° 9 D• ~ a 9 e:d ~ J® ~ ~ ! ~ 11 . Q .~17 ~ ~ ~Q yr• el U 1000 0 1000 2000 Feet Development/Developer: Eagandale Business Center, LLC Application: PD Amendment and Final PD Case No.: 03-PA-27-11-04; 03-FD-10-11-04 IT,\. Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N I by Dakota County Office aDnd enl ry 2004. WE city of eoc~an THIS MAP IS 1 F EFE NCE USE ONLY The City of Eagan and Dakota Cou n g accuracy of this information and are 5 Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Eagandale Office Park 5th Case No. 03- PA 27-11-04 & 03-FD-10-11-04 Zoning Map n10TATe HWY. NO. 40d 1.1 Current Zoning: PD 17 Location PD PD PD Planned Development PD r PD NB R• R R-1 -1 R-1 I.1 P RD 600 0 000 1200 F..t / Comprehensive Guide Plan NTESOTATE NYIY. Ne..F. 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SNOIldn3-13 # c'; o W-ye a kc:r N ~t `r Z > F w w W J a co C- 0 Q L U U) LL W N } Q H W r• 'v ,r r: «i so$ C ~mOu~ .r bS M rr 8 711 ~ f s z o =s w > g :g w W J W 2 i N '••r Z l 1 i ~ , c SNOUdn3l3 ~-a i ~ ~ to U ~ t !a i~ ~u5m~ E ! I c- s Ft_ . S.• , A M ,5 O 1A W t J Z ?W ~ a o ~ r= z m ZA g~ 4 Q 5 J l:A s W F- N Q W F- 0.' Z N r' ' .I c i •c j (7J 8R ZW ~F- m 5 8K H Yr r > W n 3 W Ir Q ¢ < . Z ;i . Vl W 0] 4 ~ 'p 'pJ 1p~ ~6 C1 9 11 .o ~ ~ J b II J ~ i! y 6 r 40, 4119 „C C1 z o n c:l 70 70 Z ❑a ❑ ~ D A D ~ _ J ~ ie?o i' D i Z !T1 ~ n Z ao6 r m r rrl a 9 9 ~ (-I d C ~ + k 9 y m 9 J JlO 41 iol ` n r i y I y O -9 J 'O 9 r ~ J 9 s y Y I f 1 .M ~vYp~1wtlb~~.r EAGANDALE N~y~grww~o ~rr~~~~rw r 2 ~ FAQAPI,1~!l60TA E-1 LIGHTING - NW -NORTHERN EL.EC RY „~,r„ iLLUMNATIONPLAN W® 1Id130 JNIlHOI-I aQ~ o f n 0 3 c oy-~g i :3; 3~AaRg 5;;:N ei ji 512l Z U E : vm o°° - r o V m?c eemm°E ~9 ;°03 3-_ ova aa dig ogamE ~ J "Op uE~u°LL !:a=m am°?mE ,°3: a. c o ~~m'm i msem" 5. _Sa 3c `0-3 _ a Y°O mev g'3-c E`aa~Ee'mU °c Ea nm_e $SOmc°s~$ LLI '7 ~E e x r u& - n O e i i i s s z y u v a.. 0 as" c ~ ~ mE ~ mE3~~ss a ~:c ~ s~ w a m y O uyy y O - i L m A Y m .4 n tea:: ~="n Eeam 3 < iL °2~ ~ p~~ °Y-•u C m° G ppyj °y u m «v"E. oc7wa,S°c~::$a° a anwE g E y2 c eom o E " > °1 'e ~ ° aU~~a e3timr;~ cm= m z moF Eoaou~ z ~ ~ ° tx^f o~cu~€m•oa:a S° W - d~ - e- ~ Q-m3co z E~ y`r ~ o ~ em \ Z e' 3-LL acr. 0 m r OmL'o Ea_oju93i i Gi_ " E2 W Q u m u 9 m e. a a e° E m r c m-3 mmi ai`o +yw m - mo=c = "amm°~ ~u - nY u - a u+N • o`3a~ ~--T u m f H=a m a°u V OGa q V$_ E m H~ ~Nm r m3 ev w_'$>aac° :o '~~m'v'~'m-'e < m u a m u. t9 s e O o #mz~-g: E2~~3s a et-e.~gmx=~- c ~o E E ' y - om°-5 W ;u u 2cmamE.~ay° i3Sgma 3~`3 Z O O-p F .°'i co`mmmEgiN • cu°~pp3y a = " o t-u >a _ a Ec i mmuo a Agenda Information Memo January 4, 2005 Eagan City Council Meeting C. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to modify Chapter 11, Section 11.60, Subd 18 PD Planned Development District by requiring additional submittal requirements and direct the City Attorney to prepare and publish the amendment in the legal newspaper. FACTS: ➢ The City Council recently directed staff to prepare an ordinance amendment to Chapter 11 relative to the submittal requirements for a Planned Development. ➢ The proposed amendment requires the applicant/developer to provide a narrative specifically describing the public benefit a Planned Development will provide. ➢ The proposed amendment also requires the applicant/developer to provide two development plans: o One illustrating a development scenario that meets all applicable zoning standards. o One that illustrates the proposed PD development scenario. ➢ The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of December 28, 2004. ISSUES: None ATTACHMENTS: (2) Draft APC Minutes will be distributed in Monday's Additional Information. Staff Memo and draft Ordinance Amendment language on pageg. through,2 a MEMO city of eagan TO: Chair Heyl and Planning Commission Members FROM: Mike Ridley, City Planner DATE: December 20, 2004 SUBJECT: Ordinance Amendment -Planned Development District As I mentioned to you at our Workshop on December 9, the City Council directed staff to prepare an amendment to Chapter 11; specifically, Section 11.60, Subd. 18 PD Planned Development District. Generally speaking, the intent of the PD zone is to allow greater flexibility in design and relaxation of the strict requirements of the Zoning Ordinance in exchange for greater creativity and environmental sensitivity. Often times, the APC and the City Council have asked an applicant (1) to state the benefits to the City of a particular development design, and (2) how a site development meeting all zoning standards would differ. As such, the Council's interest and direction in modifying the submittal requirements for a Planned Development include the following: ➢ Requiring the applicant to provide a stand alone narrative specifically outlining the benefits to the site, neighborhood and/or City to be achieved by allowing a development that incorporates a relaxation of the City's zoning standards. ➢ Requiring the applicant provide two development plans for the property in question. o One plan would reflect a development scenario that is consistent with all applicable zoning standards (i.e. setbacks, lot coverage, lot size, lot frontage, public streets, etc.) based on the type of development the applicant is proposing. o The second development plan would reflect the applicant's desired development scenario. The City Council is hopeful that the additional submission requirements will provide themselves and advisory commission members a clearer understanding of the advantages and/or disadvantages of any given Planned Development proposal. Attached for your review are the modified pages of the PD Procedure section (draft). Please call me at 651-675-5650 if you have any questions. j /Of 12. Preliminary Development Plan. The Preliminary Plan of a Planned Development shall include the following information: a. All information required in the Subdivision Code for a Preliminary Plat. b. A general development plan indicating: 1. The proposed site and existing development and adjacent properties. 2. The proposed use of all areas of the site.. 3. The proposed density, type, size and location of all dwelling units. 4. The general size, location,and use of proposed business, industrial or institutional' buildings. 5. Public and private streets, entrance and exit drives, walkway locations. 6. Parkingareas, and stall arrangement. 7. Landscaping. 8. Park and open, space lands Dimensions 10: Proposed drainage and' utility systems. C. A general, development plan indicating: 1 ` The' Qroposed use of all areas of the site depicted in a manner that is consistent with all applicable zoning requirements (i.e. setbacks, lot coverage, lot size, lot frontage public streets, density, etc.). d. A summary sheet indicating: 1. Area of land in each use or each separate intensity of use. 2. Number of residential dwelling units proposed in each area. 3. Number of acres of common open space. 4. Modifications of any provisions of the City Zoning Ordinance. e. A staging plan indicating the geographical sequence and timing of development of the Plan or portions thereof, including the date of beginning and completion of each stage. The Staging Plan shall also include the number of dwelling units, commercial structures, public streets, utilities and recreation areas. f. A detailed plan of first phase development indicating buildings, parking areas, driveways and similar detail on the site plan and including architectural elevation drawings of all buildings. g. A preliminary plat may be required by the City for those areas where development is imminent, and a sketch plan shall be required for the remaining areas. h. A written statement by the applicant stating how the proposed Planned Development conforms to the stated objectives and purposes of this section i. A written statement by he applicant stating how the proposal would benefit the public interest. Agenda Memo January 4, 2005 City Council Meeting VIII. CAPONI PROPERTY ACQUISITION 1 CAPONI ART PARK UPDATE DIRECTION TO BE CONSIDERED: There is no action to be considered at this time. This item is for information only. BACKGROUND: • Per the request of the Council, an agenda item has been added for the purpose of providing an update on the discussions regarding the Caponi property. • The Memorandum of Understanding has been approved by both the City and the Caponi's. • The City Attorney's office is currently working with the Caponi's attorney on the final details of approximately four (4) agreements that need to be in place prior to signing the purchase agreement. • The City Attorney's Office has communicated that all issues associated with the special assessments on the Caponi property must be resolved in advance of considering the purchase agreement. • The City Attorney's office is currently waiting on a written plan from the Caponi's addressing payment of the special assessments on the property before entering into negotiations regarding the purchase agreement. • Once the attorneys have worked through the final details of the necessary agreements and special assessments, a meeting of the Caponi stakeholder committee will be scheduled to discuss the purchase agreement. 4;2S/ Agenda Memo January 4, 2005 City Council Meeting IX. NEW RUNWAY/AIRPORT UPDATE DIRECTION TO BE CONSIDERED: There is no formal action to be considered. This item is for information only. BACKGROUND: • Common Interest Agreement / City of Minneapolis o The City Council took formal action on December 13, 2004 to approve a common interest agreement with the City of Minneapolis to learn more about the lawsuit that has been initiated by the City of Minneapolis with regards to the Part 150 program recently adopted by the Metropolitan Airports Commission and forwarded to the FAA for final consideration. o The agreement provides both cities' attorneys the opportunity to confidentially share information, both orally and in writing, on matters pertaining to the process of investigating and bringing potential claims related to noise and noise insulation at and around the MSP Airport. o As information is obtained from the City of Minneapolis, updates will be provided to the City Council • New Runway/Airport Issues Open Houses o The next open house will take place at Pinewood Elementary School on Thursday, January 20 from 6:30-8 p.m. in the school's cafeteria. o Postcard invitations regarding the open house have been mailed to 1,901 residents living around Pinewood Elementary School. o The open house at Pinewood Elementary School will be the third of ten open houses. As the Council will recall, the City was divided into nine regions for the purpose of holding the open houses in neighborhood schools from November 2004-August 2005. One final City-wide open house will be held at the Community Center in September 2005 for those who were unable to attend the open house in their neighborhood. 's- ca AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JANUARY 4, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1 1. AUTHORIZE Staff to Enter into Negotiations with the Property Owner for the Potential Acquisition of Former Baskin Robins Property (John Bunkers), 3989 Cedarvale Boulevard F. OTHER BUSINESS 1. ORGANIZATIONAL BUSINESS G. ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting January 4, 2005 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the December 13, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on pagem'g-s a copy of the minutes of the December 13, 2004 EDA meeting. • Enclosed on pages is a copy of the resolution approving the minutes of the December 13, 2004 EDA meeting. as MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota December 13, 2004 A meeting of the Eagan Economic Development Authority was held on Monday, December 13, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Fields, Tilley, Carlson and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Fields moved, Commissioner Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the November 16, 2004 EDA meeting as presented. Aye: 5 Nay: 0 NEW BUSINESS RESOLUTION TO ESTABLISH A RELOCATION ASSISTANCE POLICY FOR APPEALS FOR PROPERTIES ACQUIRED BY THE CITY FOR PUBLIC PURPOSES Community Development Director Hohenstein reviewed the proposed resolution regarding a Relocation Assistance Policy for appeal for properties acquired by the City for public use or public purposes. Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve a Resolution to Establish a Relocation Assistance Policy for Appeals for Properties Acquired by the City for Public Use and Public Purposes. Aye: 5 Nay: 0 AUTHORIZATION OF ACQUISITION OF JOOS ELECTRIC PROPERTY, 3980 CEDAR GROVE PARKWAY, AND SCHEDULE PUBLIC HEARING TO AUTHORIZE EMINENT DOMAIN PROCESS (IF NECESSARY) ON JANUARY 18, 2005 Community Development Director Hohenstein discussed the acquisition of Joos Electric property located at 3980 Cedar Grove Parkway. Commissioner Carlson moved, Commissioner Fields seconded a motion to authorize acquisition of Joos Electric property located at 3980 Cedar Grove Parkway and schedule a public hearing to authorize eminent domain process (if necessary) on February 15, 2005. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Maguire moved, Commissioner Tilley seconded a motion to adjourn the meeting at 9:40 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE FORMER BASKIN ROBINS (JOHN BUNKERS) PROPERTY, 3989 CEDARVALE BOULEVARD BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to authorize staff to enter into negotiations for the potential acquisition of the Former Baskin Robins (John Bunkers) Property, 3989 Cedarvale Boulevard (aka 3989 Sibley Memorial Highway) in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for future redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 4th day of January, 2005. Jon Hohenstein, Secretary/Deputy Executive Director Agenda Memo Eagan Economic Development Authority Meeting January 4, 2005 1. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF FORMER BASKIN ROBINS PROPERTY (JOHN BUNKERS), 3989 CEDARVALE BOULEVARD ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the Former Baskin Robins (John Bunkers) Property, 3989 Cedarvale Boulevard (aka 3985 Sibley Memorial Highway), as a voluntary sale to the EDA for future redevelopment purposes. (The Council may consider the details of the negotiation in Executive Session.) FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the area, the City has also considered the voluntary acquisition of properties in which there is a willing seller. • The City has been approached by John Bunkers, owner of the former Baskin Robins building at 3989 Cedar Grove Parkway. Mr. Bunkers has provided appraisal information, which has been reviewed by the City Attorney and staff. • Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Bunkers to purchase the property. • In addition to the general authorization to pursue negotiations requested above, staff believes that it would be beneficial to receive specific direction from the EDA/City Council regarding the purchase price of the property. State law permits Councils to meet in closed session to discuss such matters, provided the specific property under consideration is identified prior to the Council going to closed session and the session is tape recorded. ATTACHMENTS: ~f • Area map on page 0 / • Resolutions on pages Q ` ~SU 4-11 %X • d SI er.BeII;Rd Cedar Grove=Redeve*ment~Area Subject Site Gto~s, ~ ♦ > > _ f 1. _ ~ Nicols Rid e' ♦ Developm nt yan, ; 0 325 650 1,300 Feet *a, Of aagcn Cedar Grove Redevelopment Area 3989 Sibley Memorial Hwy EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO AUTHORIZE ACQUISITION OF THE FORMER BASKIN ROBINS (JOHN BUNKERS) PROPERTY, 3989 CEDARVALE BOULEVARD BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to authorize the acquisition of the Former Baskin Robins (John Bunkers) Property, 3989 Cedarvale Boulevard (aka 3989 Sibley Memorial Highway) in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for future redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 4th day of January, 2005. Jon Hohenstein, Secretary/Deputy Executive Director a6o CITY OF EAGAN RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE FORMER BASKIN ROBINS (JOHN BUNKERS) PROPERTY, 3989 CEDARVALE BOULEVARD BE IT RESOLVED by the Eagan City Council to authorize staff to enter into negotiations for the potential acquisition of the Former Baskin Robins (John Bunkers) Property, 3989 Cedarvale Boulevard (aka 3989 Sibley Memorial Highway) in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for future redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 4th day of January, 2005. Maria Petersen, City Clerk Agenda Information Memo January 4, 2005 Eagan Economic Development Authority Meeting F. OTHER BUSINESS 1. ORGANIZATIONAL BUSINESS a. Election of Officers ACTION TO BE CONSIDERED: To elect/appoint officers of the Eagan Economic Development Authority. FACTS: • As a part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary/Deputy Director. • In 2004, the officers of the Authority were as follows: President: Pat Geagan Vice President: Peggy Carlson Treasurer: Mike Maguire Executive Director: City Administrator Tom Hedges Secretary/Deputy Executive Director: Community Development Director Jon Hohenstein b. 2005 Meeting Schedule - No Action Necessary FACTS: • Under its bylaws, the Eagan Economic Development Authority's regular meetings are scheduled to coincide with the regular meetings of the City Council. • At its meeting of December 1, 2003, the EDA confirmed the meeting schedule defined in the bylaws and adopted a mechanism by which the Authority may cancel such meetings as a part of the adoption of the City Council agenda if no EDA business is in order on that date. Staff is recommending that this schedule and process continue for 2005. c. Single Action for EDA and Council Resolutions - No Action Necessary FACTS: • In 2004, the City Council also adopted a process by which the actions that are required to be taken by both the City Council and the EDA can be accomplished through a single motion. Under this process, the Council meeting remains in session (does not recess) when the EDA meeting is convened. For each business item that requires an action by both the EDA and the Council, two resolutions are included in the background and one motion by the Council, also hearing the item as the EDA, approves both resolutions. At the completion of the EDA Business items, the EDA meeting is adjourned and the remainder of the Council meeting is completed. e~ Agenda Information Memo Eagan Economic Development Authority Meeting January 4, 2005 G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting. ~ 63 77 City of Eap Me To: Honorable Mayor and City Councilmembers From: City Administrator Hedges Date: January 3, 2005 Subject: Additional Information / January 4, 2005 City Council Meeting CONSENT B. PERSONNEL Item 7. Fitness Coordinator - ACTION TO BE CONSIDERED: This item is informational only. No action is needed on this item. FACTS: ■ At the December 13, 2004 City Council meeting, the Council approved the hiring of a person to be named as Fitness Coordinator at the Community Center. ■ That person's name is Marshall Grange Item 8 Planning Aide ACTION TO BE CONSIDERED: This item is informational only. No action is needed on this item. FACTS: ■ At the December 13, 2004 City Council meeting, the Council approved the hiring of a person to be named as Planning Aide in the Community Development Department. ■ That person's name is Julie Strid. N. Pool Repair Work at Cascade Bay - Mayor Geagan has suggested that this item be pulled for discussion. Since pool repair work at Cascade Bay is in litigation, it will be necessary to either 1.) adjourn to Executive Session immediately following the Consent Agenda and then return for action on the item before proceeding ahead with Public Hearings and the remainder of the agenda or 2.) continue this item until the end of the agenda and adjourn to Executive Session; however, it will still be necessary for the Council to return to the Chambers and act on Consent Agenda N. Either alternative is acceptable and consistent with past practice. OLD BUSINESS B. Steeplechase Development Proposal - Mayor Geagan is suggesting that items B. and C., both pertaining to the proposed Steeplechase Development, be introduced at the same time with the clear understanding that City Council action is required first on item B. which will determine whether the City Council can take action on item C. at the meeting on Tuesday. Action by the City Council to adopt a negative declaration on the need for the Steeplechase Environmental Impact Statement will allow the Council to consider action on item C. Each City Councilmember was provided a copy of the EAW response package which includes materials for consideration and deliberation on the proposed Steeplechase of Eagan EAW, the findings of fact relative to an EIS, summary of site cleanup process and written comments received during the EAW comment period which ended on December 8. This document was prepared by the City's consultant, SRF Consulting Group. A representative of SRF will be at the City Council meeting on Tuesday to respond to questions and provide a brief summary of the EAW process. If any member of the City Council would like another copy of the EAW response package, please contact the City Administrator's office and a copy will be provided in advance of the meeting. Enclosed on pages 108A through 108E is a copy of a letter from the attorney representing the contract purchaser of the Diamond T property, Platinum Development. The letter speaks to the EAW. Also enclosed on page 108F is a copy of a memo to Eric MacBeth from Brian Watson, Dakota County Soil and Water Conservation District, regarding the Steeplechase Development. The correspondence was received after the Council packet was run. C. Rezoning, Preliminary Subdivision and Variance, Preliminary Planned Development, Wetland Replacement Plan - Toll Brothers - Also, attached on page numbers 197A through 197F are copies of e-mail and correspondence received in the past several days relative to the proposed Steeplechase Development. NEW BUSINESS A. Sam's Club / Motor Fuel Station - City Councilmember Fields has suggestions about the ingress/egress configuration for the Sam's Club parking lot relative to the proposed motor fuel sales that will be shared with Director Colbert prior to the meeting on Tuesday. Enclosed on pages 224A through 224B is a copy of the APC minutes from the December 28, 2004 meeting. B. Eagandale Business Center, LLC - Enclosed on pages 246A through 246B is a copy of the minutes from the December 28, 2004 APC meeting. C. Ordinance Amendment to Chapter 11 / Land Use Regulations (Zoning) Section 11.60, Subd. 18, PD Planned Development District - Enclosed on page 250A is a copy of the minutes from the December 28, 2004 APC meeting. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE Trust for Public Land (TPL) and the City of Eagan are making efforts to prepare a purchase agreement based on the Memorandum of Understanding, for consideration by the City Council. The purchase agreement as offered by TPL excludes the special assessments and connection charges as a separate issue between the Caponi Art Park Learning Center and City of Eagan. It has been the position of the City that these issues need to be acceptable to the City before the purchase agreement between the City and TPL is approved. The City Council has received a request from the Caponi Art Park Leaning Center to waive the storm sewer connection charges in the amount of $91,041. Reasons for their request are stated in the attached letter enclosed on pages 251A through 251C. There is also a request in their correspondence to have staff calculate the portion of the Diffley Road street and storm sewer project attributable to storm sewer only and relieve the Caponis of that storm sewer assessment. The final request is to inform Dakota County not to collect principal and interest deferred under the Green Acres Law as it relates these two requests. The City Attorney will have a final update for the City Council at the meeting on Tuesday. ECONOMIC DEVELOPMENT AUTHORITY As a reminder, there is no action required by the City Council to proceed with items of business listed on the agenda's Economic Development Authority. The City Council is acting both as an EDA and City Council with its approval of the EDA agenda, minutes and proposed action items. Thomas L. Hedges City Administrator LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION December 28, 2004 TIMOTHY J. KEANE 612-335-7192 tim.keane@leonard.com Mayor Pat Geagan VIA E-MAIL and U. S. MAIL City Administrator Thomas L. Hedges City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Steeplechase of Eagan Dear Mayor Geagan and Tom: This letter is offered on behalf of Platinum Development Group, Inc. ("Platinum") relating to the Steeplechase of Eagan project (the "Project") at Diamond T Ranch (the "Property"). As you are no doubt aware, the Project will be coming forward to the Eagan City Council on January 4, 2005, for a determination on the environmental assessment worksheet ("EAW zoning approvals and subdivision approvals. Platinum is under contract with Toll Brothers, the current developer of the Property. Platinum and Toll intend to clean up and remediate the Property in a manner that will cause the Project to have substantial positive environmental impact, as well a positive economic and aesthetic impact on the community. Platinum respectfully requests that the City of Eagan, as the responsible governmental unit ("RGU"), render a negative declaration on need for an environmental impact statement ("EIS"). Background This Property is a unique site which, due to its topography and existing contamination, is difficult and expensive to redevelop. Platinum is working with Toll Brothers to remediate the Property in connection with the Project. The complete remediation of the Property is tied to Project development. Neither Platinum nor Toll caused or contributed to the contamination of the Property. Project approval will assure that the cleanup of the Property occurs in the next six months, not sometime in the distant future. Over the past several years, there have been many discussions about the sale and development of this Property. Platinum believes the Toll Brothers and the Steeplechase Project are an excellent Project by an experienced developer which will ensure that this Property is thoroughly cleaned 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612-335-ISoo Fax 612-335-1657 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON, D.C. W W W.LEONARI).COM 1 December 28, 2004 Page 2 up and developed to the significant benefit of the City of Eagan. The Project is compatible with the surrounding high quality residential development. Toll Brothers, with input and assistance from Platinum, has worked long and hard with City staff and numerous other consultants and public officials to shape this Project and to plan for the beneficial remediation of the Property. Approval by the City Council at this time would affirm this thorough and extensive process, solve a number of problems associated with this Property, and avoid future uncertainty. Environmental Analysis The EAW was prepared at the request of a citizen petition and ordered by the Eagan City Council on July 17, 2004. The EAW was prepared by SRF Consulting Group, Inc., pursuant to the requirements and procedures of the Environmental Review Rules of the Minnesota Environmental Quality Board ("EQB"). The EAW provided an exhaustive analysis of environmental issues based upon extensive field testing, including soil borings, test pits, laboratory analysis and comprehensive review by all commenting agencies including the Minnesota Pollution Control Agency ("MPCA"). Its completeness is not surprising given the extensive investigation of the Property which was performed prior to consideration of the Project and the detailed review that the City, Dakota County Soil and Water Conservation Service and the MPCA have performed relating to wetlands, impacts and the existence and remediation of contamination at the Property. As is well documented through the previous hearing process, two primary areas of concern addressed in the EAW were: (1) the impact of horse manure accumulated on the site from 22 years of operation as a riding stable; and (2) an area of roughly 30,000 square feet containing approximately 12,500 cubic yards of demolition debris from the demolition of the Met Center site in Bloomington. The EAW culminated in the performance of considerable additional investigation on the site and preparation of a Development Response Action Plan ("DRAP") for the Property. The investigation reports and DRAP have been submitted to the MPCA, the City of Eagan and Dakota County. The DRAP being reviewed by the MPCA sets forth the remediation of areas of known contamination on the Property. The extensive environmental examination performed over the past two years included the assembly and review of numerous aerial photos, the preparation of two Environmental Assessments, the installation of borings to identify contaminants throughout the site and the conduct of a groundwater quality investigation. This information was used both in developing the subdivision layout and the DRAP submitted to the Minnesota Pollution Control Agency for review and approval. Wetland impacts and surface water generation and collection were examined at length by the City County Watershed District TEP and the Advisory Parks Commission as well as City staff. Very few sites and projects in Minnesota are examined and conditioned to the degree involved with the Project. I~~ December 28, 2004 Page 3 EAW Findings The standard for decision on the need for an EIS is: "an EIS shall be ordered for projects that have the potential for significant environmental effects." Minn. Rules 4410.1700 subp. 1. In deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: A. type, extent, and reversibility of environmental effects; Response: The development of the Project will result in significant net environmental benefits. Due to the dumping of the demolition fill material from the Met Center demolition and the accumulation of animal wastes over the 22-year operational history of the riding stable, the Property has been in a state of degrading environmental quality. The location, identification and remediation of environmental contamination on the Property is a staged process, which began in 2003 and will be completed during site grading and predevelopment activities. The DRAP now being reviewed by the MPCA provides for planned remediation of areas of known contamination on the Property. Upon completion of the remediation and development phase, the post-development impacts identified in the EAW are nominal and consistent with low-density residential urban development experienced throughout the City. B. cumulative potential effects of related or anticipated future projects; Response: As identified in the EAW, there are no related actions or anticipated future phases associated with the Project. C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and Response: As discussed throughout the EAW, the MPCA will be the lead public regulatory authority relating to the clean-up and remediation of present contamination on the Property. This will include preparation and approval of a Construction Contingency Plan ("CCP') for managing unknown contamination encountered during the grading and predevelopment activities. Implementation of the CCP will also be overseen by the MPCA and Dakota County. Additionally, customary local zoning, subdivision and other Eagan regulations will be applied and administered to the Project. D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. /03Cal December 28, 2004 Page 4 Response: Finally, an EIS is also made unnecessary by the fact that the remediation of the Property and the development of the Project will be subject to considerable ongoing regulatory control exercised by the City, Dakota County, the Soil and Water Conservation Service and the Minnesota Pollution Control Agency. As noted above, the MPCA is the lead agency in the oversight of the planned remediation of known contamination at the Property. The clean-up will include an MPCA- approved CCP for managing unknown contamination encountered during grading and predevelopment activities. All clean-up authorizations will be permitted and administered by the MPCA and Dakota County. Additionally, the City of Eagan zoning ordinance, subdivision regulations and other design and performance standards will control the development and operation of the Project. Land Use Issues The Project is subject to the Eagan Comprehensive Plan and zoning regulations. The Property is guided for low-density residential which provides housing up to four dwelling units per acre. The Project is consistent with the City's land use plan with an overall housing density of 2.9 units per acre. This is a low density project, designed specifically to fit in with the surrounding community and provide substantial open space for the residents. The Project complies with all other applicable zoning regulations and design standards. A change in zoning is proposed from Agricultural to Planned Development to accommodate the mix of single family detached and attached housing. The pattern of land use development is compatible with and consistent with the surrounding land use patterns currently in place. MCEA Issues The Minnesota Center for Environmental Advocacy ("MCEA") has provided written comments to the EAW questioning whether the project followed wetland sequencing requirements. Platinum did not participate in the wetland review process, but the City of Eagan's Wetlands Technical Evaluation Panel ("TEP") made a specific finding in its Findings of Fact, dated June 3, 2004, that wetland sequencing requirements were satisfied. The TEP was comprised of three experienced water resources experts: Eric Macbeth, the City of Eagan's Water Resources Coordinator, Les Lamm from the Minnesota Board of Water and Soil Resources, and Brian Watson of the Dakota County Soil and Water Conservation District. The City of Eagan and its TEP are among the most learned and sophisticated municipal bodies in Minnesota when it comes to evaluating wetlands issues. The TEP had no reason to deviate from sequencing requirements and the Council should not now second-guess the TEP's expert judgment that these requirements were satisfied. December 28, 2004 Page 5 Conclusion Platinum and Toll have taken substantial efforts to make the Project a desirable community, and are very proud of their commitment to the environment, including the remediation and wetland restoration planned for the Property. The developers are providing all appropriate investigation and remediation regarding the environmental challenges, including substantial work that will be done to restore the now-degradated wetlands, all of which has been and will continued to be done with the strict oversight of the MPCA, at the expense of the developers. Platinum and Toll are proposing a very low-density development (2.9 units per acre, which is substantially less than density levels currently sought by the Met Council), designed specifically to fit in well with the surrounding neighborhoods. The Project will have positive impacts on the environment and the community, and should be approved. As noted above, we respectfully request approval of the negative declaration on the EAW and approval of the subdivision and land use applications. Should you have any comments, questions or concerns, we sincerely request the opportunity to address these in a timely fashion prior to the City Council meeting of January 4, 2005. Thank you for taking the time to consider this correspondence. Sincerely, LEONARD, STREET AND DEINARD Professional Association Timothy I ane TJK:vn cc: Mark Hemann, Platinum Development Group, Inc. Joey Zorn, Toll Brothers Mike Dougherty, City Attorney low "j•.. - DAKOTA COUNTY SOIL & WATER 'tt CONSERVATION DISTRICT Dakota County Extension and Conservation Center 4100 220th Street West, Suite 102 Farmington, MN 55024 Phone: (651) 480-7777 Fax: (651) 480-7775 www.dakotacountyswcd.org MEMORANDUM To: Eric MacBeth, City of Eagan From: Brian Watson, Dakota County Soil and Water Conservation District Cc: Les Lemm, Minnesota Board of Water and Soil Resources Date: December 22, 2004 Subject: Steeplechase Development - Wetland Conservation Act Sequencing (8420.0520) This is in response to an inquiry indicating that improper justification was used to determine compliance with sequencing requirements identified under the Minnesota Wetland Conservation Act (WCA). Specifically, the inquiry states that the rationale offers "solely economic justifications rejecting an alternative that claimed to avoid wetland." Additionally the inquiry states, "Consequently, this project cannot legally be approved or permitted". Technical Evaluation Panel meetings are held to review wetland issues associated with the WCA and provide a recommendation to the decision making body. The following is my response to the inquiry received: ♦ The site has been rezoned as low density residential and therefore physical, economic, and demographic requirements for this type of project (housing) were considered. ♦ Alternative Configuration B (no wetland impact option) was not eliminated based on economic considerations. It was based on 1.) Avoiding the wetland would likely result in degradation to wetlands ability to function and provide public value due to guided land use on surrounding landscape; 2.) Degradation of the wetland has occurred to the extent that replacement would certainly gain in functions and values; and 3.) A "Good faith effort" was provided under alternative configurations that create a balance between WCA purpose (8420.0100) and the number of housing units allowable under City zoning. ♦ Tree preservation, topography and other sensitive issues associated with the project site were considered. ♦ Safety and transportation issues were considered including the desired connection of Wellington Way and the loop connection road of Steeplechase Court. ♦ The City does not have a wetland ordinance that prioritizes their wetland resources and indicates that these wetlands are worthy of higher protection standards through buffer requirements or other land protection options. /D9 Page 1 of 1 Tom Hedges From: Mira McGarvey Sent: Monday, January 03, 2005 8:48 AM To: 'T Meiklejohn' Subject: RE: ATTN MIKE MAGUIRE Your message has been forwarded to the Mayor and Councilmembers. Thank you for your comments. -----Original Message----- From: T Meiklejohn [mailto:tmeiklejohn@comcast.net] Sent: Sunday, January 02, 2005 8:28 PM To: City Council Subject: ATTN MIKE MAGUIRE Eagan City Council and Mayor, Please do not make Wellington Way a through street to Sherwood Way on the Steeplechase Development. The neighborhood most highly affected is the established Brittney Homes neighborhood. Rarely do you drive on the curvy Sherwood Way without encountering a pedestrian, cycleist, school bus or other vehicle parked along the street. When two cars meet on Sherwood Way it becomes quite a tight squeeze, especially when approaching a parked car or pedestrian. Why create an unsafe situation??? It is obvious that the developer (Toll Brothers) does not prefer the connection to Sherwood Way via Wellington Way. The neighbors overwhelmingly do not prefer the connection. So why put in the connection?? The Eagan Fire Department and Police Department prefer a connection (as well as city staff). In a perfect world wouldn't every type of emergency responder prefer that everyone live right next door to the fire department or police station or hospital??? Do you think that residents of Brittney Homes realized where and how far away they were from emergency service when they purchased their homes??? Are we demanding better service from our fire and police departments?? NO Dakota County insists on a connection to approve this plan. The County made this recommendation based on limited knowledge of the situation and soley on City Staff recommendation. The County's decision can be appealed. 1/3/2005 lq-7A Page 1 of 1 Tom Hedges From: Mira McGarvey Sent: Monday, January 03, 2005 8:45 AM To: Pat Geagan; Peggy Carlson; Cyndee Fields; Meg Tilley; Mike Maguire Cc: Tom Hedges; Jon Hohenstein; Mike Ridley Subject: FW: Cul-de-sac Precedent -----Original Message----- From: THOMAS FERBER [mailto:ferberl@msn.com] Sent: Sunday, January 02, 2005 4:10 PM To: City Council Subject: Cul-de-sac Precedent To: Mayor Geagan; Council Members Tilley, Carlson, Fields,Maguire: If you rip open the Wellington Way cul-de-sac to connect it to Pilot Knob Road, you will set a dangerous precedent of degrading existing neighborhoods and their environment. We hope that you will look to protect existing neighborhoods and assure that new developments are compatable with adjacent neighbors. Do not compound the environmental degradation caused by the pollution of the the Diamond T property by polluting our neighborhood with an unwanted street connection. Keep Wellington Way as it has been for over 18 years ...a quiet, peaceful cul-de-sac. Tom and Linda Ferber 1518 Wellington Way Eagan, Mn. 55122 651-454-5774 1/3/2005 1 cU 6 Page 1 of 1 Mira McGarvey From: THOMAS FERBER [ferberl@msn.com] Sent: Sunday, January 02, 2005 12:18 PM To: City Council Subject: New Year - Steeplechase Mayor Geagan; Council Members Carlson, Maguire, Fields, Tilley: We hope your New Year outlook is better than ours. As we start a New Year, we look back on how we felt one year ago. We knew that the Diamond T Ranch had been sold for development. We thought it would be developed for single family housing. We had lived here 14 years and enjoyed the neighborhood environment that we sought and found in 1990...a quiet cul-de-sac. Now in 2005, we face a high density town home development and a through street. We find out we are living next to a dump site for Met Stadium and a highly polluted land..... all of which happened with the knowledge of City officials.... including a council member Jerry Thomas. I must say Eagan has become a less desireable place to live with that scenario facing us. Our City staff has pushed and pushed and stubbornly insisted that Wellington Way be torn apart along with our dreams and our way of life. The neighborhood and the developer do not want to open the street. We do not understand why you want to ruin our existing neighborhood. We hope you stand up for the Wellington Way citizens and their neighbors. VOTE NO TO CONNECTING WELLINGTON WAY TO THE STEEPLECHASE DEVELOPMENT. Linda and Thomas Ferber 1518 Wellington Way Eagan, Mn. 55122 651-454-5774 1/3/2005 Page 1 of 1 Tom Hedges From: Mira McGarvey Sent: Monday, January 03, 2005 8:49 AM To: Pat Geagan; Peggy Carlson; Cyndee Fields; Meg Tilley; Mike Maguire Subject: FW: Diamond T & Cul-de-sac -----Original Message----- From: Michael G. Ferber [mailto:mgferber@usfamily.net] Sent: Monday, January 03, 20D5 6:25 AM To: City Council Subject: Diamond T & Cul-de-sac To: Mayor Geagan; Council Members Tilley, Carlson, Fields,Maguire: As a homeowner that lives on a cul-de-sac in the City of Eagan, I want to encourage you to approve the Diamond T development without opening up Wellington Way. I like many many homeowners in Eagan purchased a home specifically on a cul-de-sac for the safety and quiet it affords us. I hope that the City Council continues to support this type of neighborhood for our entire community. Keep Wellington Way a cul-de-sac. Thank you. Mike Ferber Michael G. Ferber, CFRE 725 Granite Drive Eagan, MN 55123-3992 651-454-3066 ingferber a,usfamily.net 1/3/2005 87 Page 1 of 1 Tom Hedges From: Mira McGarvey Sent: Monday, January 03, 2005 8:45 AM To: Pat Geagan; Peggy Carlson; Cyndee Fields; Meg Tilley; Mike Maguire Cc: Tom Hedges; Jon Hohenstein; Mike Ridley Subject: FW: Top Ten Reasons to Keep Wellington Way a Cul-de-sac -----Original Message----- From: THOMAS FERBER [mailto:ferberl@msn.com] Sent: Sunday, January 02, 2005 3:39 PM To: City Council Subject: Top Ten Reasons to Keep Wellington Way a Cul-de-sac To: Mayor Geagan; Council Members Tilley, Carlson, Maguire, Fields: Top ten reasons to keep Wellington Way a cul-de-sac: 1. Citizen petition in opposition. 2. Street has been a cul-de-sac for over 18 years. 3. Opening the street decreases pedestrian safety. 4. Opening the street increases vehicular traffic in existing residential neighborhood. 5. The developer does not currently propose to open the street. 6. Opening the street is not necessary for the Diamond T property to be developed. 7. The City's traffic consultant stated "traffic calming" measures will be required in the Brittany neighborhood if Wellington Way is connected to Steeplechase. 8. The existing cul-de-sac circle would leave an unnatural bulge in the street making for driver confusion and difficulty for snow plowing. 9 Property values would decrease in the existing Brittany subdivision. 10. It just plain does not make sense to ruin a neighborhood for no reason. Save Wellington Way. Reject any proposal to connect Wellington Way to Steeplechase. Preserve the existing Brittany neighborhood as it has existed for over 18 years. Respect our history and respect our neighborhood's heritage of quiet cul-de-sacs. Tom and Linda Ferber 1518 Wellington Way Eagan, Mn. 55122 651-454-5774 1/3/2005 Tom Hedges From: Mira McGarvey Sent: Monday, January 03, 2005 10:01 AM To: 'Prabathmn@aol.com' Subject: RE: Maintain Safety and Lifestyle of Wellington Neighborhood Your message has been forwarded to the Mayor and City Council as well as the Community Development Director and City Planner. Thank you for your comments. -----Original Message----- From: Prabathmn@aol.com [mailto:Prabathmn@aol.com] Sent: Monday, January 03, 2005 9:58 AM To: City Council Subject: Maintain Safety and Lifestyle cf Wellington Neighborhood To: Mayor Geagan; Council Members Tilley, Carlson, Fields,Maguire: We would like to keep the Wellington Way cul-de-sac closed since that preserves the quality of the neighborhood and its personality that existed for the past 18 years. Opening this cul-de-sac will make the emergency access into the community very efficient, however such occurrences have been rare. Opening the neighborhood will increase crime and traffic accidents and that will increase the burden to local law enforcement already affected due to budget constraints. Enclosed communities will create safe heavens for young citizens to grow up since the community can effectively police themselves since it limits access by the intruders. Already hundreds of citizens have protested against opening of the Wellington cul-de-sac and it shows the pride of this neighborhood and their wishes to maintain the quality lifestyle they always enjoyed in Eagan. I hope you will make the community reeds the top priority when you make your decisions. Thank you. Prabath Perera Shammi Perera 1520 Wellington Way (651) 994 7563 1 r~7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA December 28, 2004 IV. PUBLIC HEARINGS Old Business A. Sam's Club Fuel Sales Applicant Name: Patrick T. Bennett, CoreStates, Inc. Location: 3035 Denmark Ave; Lot 3, Block 1, Eagandale Center Industrial Park #9 Application: Planned Development Amendment Planned Development Amendment to allow motor fuel sales at Sam's Club. File Number: 10-PA-26-10-04 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 18, 2004. She noted the background and history. Chair Heyl opened the public hearing. Dave Sellergren, Attorney and Land Use Representative of Wal-Mart and Sam's Club explained that the concerns of the Advisory Planning Commission including the canopy and kiosk design, landscaping, and access have been addressed. He stated the applicant strongly prefers access option number two. Patrick Bennett, Core States Engineering stated preference of option number two because it is least disruptive to the site and will need minimal effort for construction and phasing. Chair Heyl stated appreciation that the concerns of the Advisory Planning Commission were addressed. Member Giadhill and member Leeder also stated appreciation that the concerns were addressed and stated the current proposal is an improvement from the previous proposal. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Leeder moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of 1-35E in the NE '14 of Section 10 subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Other than motor fuel, no goods shall be sold nor services provided at the motor fuel facility. 3. There shall be an attendant at the fueling facility at all times during operating hours. 4. The applicant shall provide a two-way drive aisle modified according to option two as presented by the applicant. elide in an east- esteFier,t^}i^^ from the oen A\leR we aGGes s thFG ugh the middle of the evicting parking let ,::Da4A City of Eagan Advisory Planning Commission Meeting Minutes December 28, 2004 Page 2 5. The final site lighting plan shall show site lighting for the entire area of the motor fuel facility, including any additional free standing or building mounted fixtures. Any new free- standing or building mounted fixtures shall match existing lighting on the site. Site lighting shall not exceed one footcandle at the property line, and shall be shielded and downcast so the source of light is not visible from off the property. 6. The motor fuel facility shall operate only between the hours of 6:00 a.m. and 9:00 p.m. Monday through Saturday, and 9:00 a.m. and 7:00 p.m. Sundays. 7. A F8Vised IaRdSGape plaR shall be submitted te City staff fGF appFeval and fo laR shall provide additional laRdSGaping an the eastaindwest sides E)f th 7. The final landscape plan shall include contour lines and be signed by a registered landscape architect or certified nurseryperson. 8. The proposed motor fueling facility shall be constructed of rockface block, brick and stucco materials to match the existing building and shall be consistent with the elevations shown on the plans dated January 6, 2003. 9. Canopy signage is allowed on two elevations only. 10. Advertising and name signage shall not be allowed on the fuel pumps or pump islands. 11. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. All voted in favor. Motion carried 7-0. City of Eagan Advisory Planning Commission Meeting Minutes December 28, 2004 Page 8 C. Eagandale Center Business Center LLC Applicant Name: Jeffrey B. Larson, Eagandale Business Center LLC Location: 1345 Corporate Center Curve; Lot 2, Block 1, Eagandale Office Park 5th Addition Application: Planned Development Amendment A Planned Development Amendment to allow a four building 20 unit town Office condominium office park. File Number: 03-PA-27-11-04 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated December 21, 2004. She noted the background and history. Peter Styx, Architect for Eagandale Business Center, LLC displayed a color rendering of the proposed building. He discussed the building materials, elevations, parking, and the landscaping plan. 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 asked about access on the north side of the property. Mr. Styx explained where there will be access to the north side of the property. Member Leeder moved, Member Chavez seconded a motion to recommend approval of a Planned Development Amendment and a Final Planned Development for multiple buildings on one parcel for a four-building 20-unit town office condominium development subject to the following conditions: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations/Signage Plan • Final Landscape Plan • Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. Prior to issuance of a building permit, the developer shall provide to the City a copy of the condominium association documents, in a form acceptable to the City Attorney. 5. The developer shall construct the modifications to Pond HP-8, in the northeast corner of the site, in accordance with City engineering standards. 6. The developer shall obtain a permit from the City to work within the easement area of pond HP-8. The terms of such permit shall require the developer to have such work ~`4 City of Eagan Advisory Planning Commission Meeting Minutes December 28, 2004 Page 9 inspected by the City, construction escrow in an amount reasonably determined by the City, as-built plans, and financial guarantees for the proposed public storm sewer modifications. 7. The shared access to Lots 1 and 2 shall be reconstructed to provide for a single driveway opening with a maximum width of 30 feet onto Corporate Center Curve. 8. The developer shall prepare an ingress/ easement for the shared access between Lots 1 and 2 for review and approval by the City Attorney prior to final subdivision approval 9. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 10. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 11. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 12. This development shall be responsible for the acquisition, of all regulatory agency permits required by the affected agency prior to final plat approval. 13. Occupant name signage shall be limited to the monument sign only. . 14. The monument sign shall be subject to the standards of the City Sign Code for size, setbacks, etc. 15. The existing off-premise monument sign at the east end of the site shall be removed prior to issuance of a building permit for this, development. 16. Storage of all trash and recyclables shall be contained within the buildings. 17. All site lighting shall be shielded and directed downward so that the source of light is not visible from off the property. 18. This development is responsible for cash park and trails dedications payable at the time of building permit' issuance at the rates then in effect. Chair Heyl stated she is in favor of the proposal. She stated it fits in with the surrounding property and is an improvement to the previous design. All voted in favor. Motion carried 7-0. C "We City of Eagan Advisory Planning Commission Meeting Minutes December 28, 2004 Page 11 E. Ordinance Amendment-Planned Development District Applicant Name: Mike Ridley, City of Eagan Location: Application: Ordinance Amendment An Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.60, Subd. 18, PD Planned Development District. File Number: 06-OR-06-11-04 City Planner Ridley introduced this item and highlighted the information presented in the Memorandum dated December 21, 2004. He noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. A brief discussion relative to the structure of the amendment occurred. Member Dugan moved, Member Gladhill seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.60, Subd. 18, PD Planned Development District. All voted in favor. Motion carried 7-0. VII. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VIII. OTHER BUSINESS City Planner Ridley stated a Workshop will be held at 5:30 p.m. on January 13, 2005. IX. ADJOURNMENT Member Gladhill moved, and Member Dugan 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: Camille Yungerberg Recording Secretary %A December 30, 2004 CAPON FTSMIZ, MM Mayor Pat Geagan and Council Members LEARNING CENTER City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Geagan and Council Members, As you know, our 60 acre parcel of land is being transferred to two non- profit owners, the Caponi Art Park corporation, and the City of Eagan in March, 2005. Half of our land, 30 acres, will be owned by the City and the other 30 acres will be owned by the non-profit corporation. The land being received by the City is valued at $2,261,000.00, the purchase price of which will be paid through gifts and grants from a variety of sources, including $720,000.00 from the City of Eagan, almost one-third of the purchase price. We are very grateful to the City for it's participation in the project. The other 30 acres will be financed by ourselves and the non-profit cor- poration, including a gift from us in the amount of $956,500.00. Our purpose in writing to you is to request some reduction in special as- sessments and storm sewer charges totaling $173,243.00 in principal and interest which have been levied against the property and remain unpaid. First, with respect to the Diffley Road Pedestrian Underpass connecting the south 40 acres with the north 20 acres, our agreement with the City was that we would pay the difference between the cost of the City's specifications for the tunnel and those we originally recommended to properly meet the needs of the Art Park. When the DRPU was built in 1994 we paid half of our share (about $18,500) at the time and the bal- ance of about $18,500 was assessed against the south 40 acres and the northwest 10 acres. We consider the DRP to be one of the several im- provements we have made which definitely benefits the Art Park and we intend to pay that assessment (as reclassified) with accumulated interest at the closing of the various land contracts planned for March of 2005. In 1994 Diffley Road was upgraded and storm sewer installed resulting in a combined assessment on our property of $30,228. We do not know how much of the $30,228 paid for street and how much for storm sewer. While the cost of accommodating traffic on a major transportation corri- 1 2 0 5 D IF F L E Y dor does not seem to benefit the Art Park, we consider it to be a cost of R O A D urbanization and we must pay our share. We intend to pay the street por- E A G A N, M N 5 5 1 2 3 6 5 1- 4 5 4- 9 4 1 2 infoCdcaponiartpark.org www.caponiartpark.org tion (as reclassified), together with accumulated interest at the closing in March 2005. Storm sewer costs, however, require a different analysis which we will explain later in this letter, and we are asking that the storm sewer portion, with interest, not be collected at the closing. Our main concern is $91,041 in (estimated) storm sewer connec- tion charges sought to be collected at this time. We request that these connection charges not be collected. The general, overriding reason is that the land is being permanently dedicated to Art Park and therefore will never be "connected" to storm sewer. We recognize that storm sewer is necessary where large areas of farmland are converted to residential and commercial development. Such devel- opment affects storm water in two ways. First, the surface of the landscape, which readily absorbs water during a storm, is robbed of it's absorbent quality because the soil is covered with cement or asphalt streets, rooftops, driveways, patios, and hardcover landscaping. Absorbtion is prevented but the water must go somewhere and it goes downhill, adding to normal surface water drainage. Second, whereas natural landscape slows the downhill flow of surface water because the grass, trees, brush, surface debris, and other natural elements impede the flow, residential or commercial development sub- stantially speeds up the flow because the hard surfaces offer no friction or resistance to the downward flow. Urban development both increases the quantity of runoff due to lack of absorbtion, and increases the speed and intensity of the runoff. Third, urban development channels and directs the flows of surface drainage, around buildings, off rooftops, down driveways and street gut- ters--all of which creates destructive soil erosion and downstream flood- ing. We realize that the City must plan its storm sewer to accommodate full development and could not build it on the assumption that our property would not be developed. However, now that it is certain that our land will continue to absorb surface water, impede and slow downstream run- off, and offer it's natural ponds and marshes as storm water reservoirs, our land reduces the need for storm sewer capacity. Nor are we proposing to place an unfair burden on our neighbors. By preventing urban development on our land we reduce the burden on the storm sewer system and make extra capacity available for our neighbors. The money already spent on the present system will stretch farther be- cause the next system upgrade is delayed by extra capacity in the system. We know that it is often argued that the owner of property should pay off the assessments because the sale price reflects the increased value of the property due to the public improvements installed. However, that is not the case with us because we are not connected to the storm sewer and our appraiser did not list storm sewer as one of the improvements to our land. We agreed, in the court case in 1991, that we would pay the con- nection charge: "If and when [our land] is connected to the City storm sewer system" We have never been connected, and now, by dedicating our land to park purposes, our land will never be connected to the storm sewer system. We ask the City Council to take appropriate action to have the staff cal- culate the portion of the Diffley Road street and storm sewer pro- ject attribituable to storm sewer only, and relieve us of that storm sewer assessment; to waive the estimated $91,041 in storm sewer connection fees sought to be collected for connection to the storm sewer system; and to inform Dakota County not to collect those amounts thereof (principal and interest) deferred under the Green Acres Law, all contingent, of course, on the successful dedication of our land for the art park purposes at the closing in March, 2005. Sincerely, Anthony and Cheryl Caponi 2s C lr r . ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA JANUARY 4, 2005 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Informative Eagan Technology Task Force Report DIRECTOR OF PUBLIC WORKS COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment Area Update City of Eap ma To: Honorable Mayor and City Councilmembers From: City Administrator Hedges Date: January 3, 2005 Subject: Administrative Agenda / January 4, 2005 City Council Meeting CITY ATTORNEY The City Council reserves the right to schedule an Executive Session for the purpose of considering threatened or pending litigation and matters of employee collective bargaining. There is a chance the City Council will meet in Executive Session to discuss Consent Agenda item N. either immediately following the Consent Agenda or at the end of the City Council meeting. There are no other items to be considered for Executive Session at this time. CITY ADMINISTRATOR Item 1. Informative / Eagan Technology Task Force Report - At the Tuesday, January 11 Special City Council Work Session, the Eagan Technology Task Force will be present to share their key accomplishments, policy recommendations and recommendations for action which are outlined in the attached report without page number. This report is being distributed more than a week in advance of the meeting to allow additional time for Council review. It should be noted that the Executive Summary and recommended City actions are addressed in the first seventeen (17) pages of the document. The actual recommended City actions are on pages 16 through 17 of the documents. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR This time is allocated as part of the Administrative Agenda for a brief update on redevelopment activity, when appropriate, by the Director of Community Development. Item 1. Redevelopment Area Update - Enclosed on pag is a memo summarizing updates in Cedar Grove and Northeast Eagan redevelopment districts. These written updates will be provided with each Administrative Agenda and staff will be available to provide any additional information and respond to questions at City Council meetings. &V5 MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 3, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE - ADMINISTRATIVE AGENDA In order to provide more regular information to the City Council regarding activity in the City's redevelopment districts, staff will be providing a brief updates regarding these areas in a written form with each Administrative Agenda. Staff will also be available to provide any additional information that may be appropriate and respond to questions at the Council meetings. Cedar Grove Redevelopment District • Clarification of Developer Roles - In response to the Council direction, the development team has clarified that Schafer Richardson will now be taking the lead role as master developer and that Ryland Homes will continue to be a primary partner, but in a secondary role. • Refined Development Plan - Based on the Council feedback on the tour and subsequent discussions with the developer, a refined plan will be presented at the Council workshop on January 11 with specific designations of product types for the various sub-areas of the project. Elevation drawings are being prepared for the mixed use portions of the proposed project. If the Council approves the refined plan on the 11th, staff will request authorization to negotiate the development agreement to put the plan into motion. • Financial Analysis and Updates - In follow up to the Council Finance Committee meeting, staff is compiling information about the current status of the district, financing plan alternatives, security necessary to consider the City playing a lead role in land acquisition and other financing issues. Another Committee meeting will be held in the near future. • Communications Activities - The Council Communications Committee has met with staff and reviewed an update communications plan draft and discussed specific activities to provide information to and receive feedback from the affected businesses, property owners and area residents. Some aspects of the plan will become active when the refined plan is approved and development agreement is completed. Northeast Eagan Redevelopment District • Grand Oaks Development - Grading is underway for the retail portion of Grand Oaks Five. Staff continues to work with TMI Coatings in an effort to relocate the business. This has been challenging, because of the scale of the company's outdoor storage and the specific area expectations of the company. • McGough Office Project - Staff has met with McGough to negotiate the development agreement for the Blue Gentian Road property. McGough has spent considerable time on the Bloomington Central Station project, but has indicated that the market is warming to the Northeast Eagan project. McGough representatives have indicated that when the office market begins to grow again, they see the focus being in the south and southeast metro, because of traffic congestion on the west and southwest.