The URL can be used to link to this page

04/18/2006 - City Council RegularAGENDA f ' ~ ~~''~ EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING April 18, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA. (At approximately 8:00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS P ~- A. Recognition of the retirement of Linda Bendt, Administrative Secretary -Police Department B. Phosphorus-Free Fertilizer (City Code Section 6.51) -Compliance Recognition of Local Businesses IV. CONSENT AGENDA .P ~ A. APPROVE MINUTES ~ ~( B. PERSONNEL ITEMS I'~ i~ C. APPROVE CHECK REGISTERS ~i ~D. APPROVE Premise Permit renewal for the Eagan Athletic Association to continue a pulltab operation at AI Bakers r~~ E. APPROVE Contract with the City of Burnsville for auction services in conjunction with the City of Burnsville 1 auction to be held on May 6, 2006 F. On-Sale Wine, Sunday Wine and 3.2 Malt Liquor License for BA-OCK, Inc., dba Moe's Southwest Grill, 1281 ~3~ Town Centre Drive (to be continued indefinitely) rJ,3 G. APPROVE extension for Recording the Final Plat of Kennerick Third Addition -Gail McMahon (~ yy~~ H. RECEIVE request and schedule Public Hearing for the potential establishment of the redevelopment plan for T 3tE` Southeast Eagan Redevelopment Project Area No. 1 and the Establishment of Southeast Eagan Tax Increment Financing (Renewal and Renovation) District No. 1 in the area of southeast Eagan bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. ~3q I. APPROVE Findings of Fact for Denial of the revised site plan for Diftley Market Place. P (~ J. RECEIVE Environmental Assessment Document and schedule Public Hearing (June 6, 2006) for Project 778, Highway 149 Upgrade ~•~~ K. AUTHORIZE Preparation of Plans & Specifications for Project 934 (Cliff Road and Blackhawk Road/Galaxie Avenue -Intersection Reconfiguration) P. ~~ L. APPROVE Settlement Agreement (Nolan & Nolan vs. MnDOT and Eagan) P~C~ M. APPROVE Change Order No. 1 for Contract 06-02 (City-wide Street Improvements) Fjl N. ACCEPT a donation from City & County Credit Union for the Eagan Live Jive Summer Entertainment Series. ~~0. AUTHORIZE the Advertisement for Bid for improvement projects to the Civic Arena as defined by the Utility Audit ~.~J3P. AUTHORIZE the advertisement for bid for the construction of Captain's Course, anine-hole miniature golf course within Cascade Bay ~• `J~ Q. APPROVE City participation in a joint application for Blue CrossBlue Shield Active Community Assessment and Engagement Grant 'P.5 R. ACCEPT resignation of Valerie Dosland from the Eagan Airport Relations Commission ~,~5. AUTHORIZE the Mayor and City Clerk to sign an amendment to T-Mobile Lease Q-430 shifting the area of the lease so as to avoid a gas line ~~f T: AUTHORIZE acceptance of various turnbacks of MnDOT right-of-way J' ~ DECLARE bicycles, unclaimed property and miscellaneous City property to be surplus 1'J.~,V. PROCLAIM May 20, 2006 as Arbor Day and the month of May as Arbor Month in the City of Eagan V. PUBLIC HEARINGS ~. ~j? A. VARIANCE - Woodgate Townhomes 2 - A variance of 10 additional feet (20' total) to the required structure setback from public right-of--way to allow the replacement of existing decks in the SE '/< of Section 29. VI. OLD BUSINESS ~' (~A. INTERIM USE PERMIT -Lesley Tscherne - An Interim LJse Permit to allow a kennel service in her home located at 3812 Blackhawk Ridge Place in the NE'/< of Section 21. VII. NEW BUSINESS ~, I l Z A. PRELIMINARY SUBDIVISION AND VARIANCE - Oldre Addition - Hafstad Realty - A Preliminary , Subdivision of 1 acres to create 2 single family lots and a Variance to the required minimum public frontage of 50 feet located at 2900 Skyline Drive in the SE'/o of Section 4. P, 133 B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT, AND VARIANCE -Natures Point -Epic Development -Comprehensive Plan Amendment to change portion of lot from QP to LD, to rezone 4 acres from Agriculture to R-2 residential double, .58 acres from Agriculture to PF, Public Facility, and 7.8 acres from R-1, single family residential to R-2 residential double, Preliminary Subdivision of 12.8 acres to create 31 lots for 28 twinhomes, Conditional Use Permit to allow a cell tower in the Public Facility Zoning District, and a Variance to the setback requirement for the existing cell tower for the properties located at 1720 Taconite Trail and 1620 Deerwood Drive in the SW '/< of }~~ C. Section 21. ORDINANCE AMENDMENT -Cedar Grove District - An Ordinance Amendment to modify Chapter 11, Section 11.60, Subd. 23, Cedar Grove District (CGD). ~. 17~jD. AUTHORIZATION for Resolution of Greyhawk Addition Easement Acquisition. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. 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 F. OTHER BUSINESS An Executive Session of the EDA is being requested to permit discussion of negotiations for the potential acquisition of the Kent Myers/Eagle Valley Bank property at 3900 Sibley Memorial Hwy. There will be no regular EDA meeting, but the EDA will convene and adjourn in executive session at the conclusion of the City Council meeting. G. ADJOURNMENT X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. 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. City of Ea~aa ~cmo To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: APRIL 14, 2006 Subject: AGENDA INFORMATION FOR APRIL 18, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the April 18, 2006 City Council agenda, the following items are in order for consideration. Agenda Memo April 18, 2006 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Recognition of the retirement of Linda Bendt, Administrative Secretary - Police Department Linda Bendt will be recognized for her 23 years of service to the City of Eagan Agenda Information Memo April 18, 2006 B. PHOSPHORUS-FREE FERTILIZER LOCAL BUSINESS COMPLIANCE ACTIONS TO BE CONSIDERED: Recognize local businesses as Business Watershed Stewards for supporting lake water quality by complying with City Code §6.51, Sale and Display of Lawn Fertilizer. FACTS: • Eagan is blessed with more than 350 lakes and ponds offering abundant recreational opportunities. Virtually all of these water bodies are connected to the storm water drainage system. Lakes, ponds, and wetlands are affected by nutrients, especially phosphorus, in storm water. Algae and aquatic plants thrive on phosphorus, but excessive growths of these plants can impair water quality. Impaired water quality diminishes recreational opportunities and aesthetic enjoyment and negatively affects property values. • City Code Section 6.51 requires that phosphorus-free fertilizer be sold wherever any type of fertilizer is sold. City staff annually check-in with local businesses that provide fertilizer to their customers to ensure that phosphorus-free fertilizer is available for purchase. • By offering for retail sale phosphorus-free lawn fertilizer, these businesses are helping reduce phosphorus in Eagan's storm water runoff. All of the businesses also separately and clearly mark their fertilizer displays and the amount of phosphorus- free product is greater in size than other fertilizer products. • The public recognition of these businesses encourages the following:l) continued compliance by the businesses; 2) public education of the availability of phosphorus- free fertilizer and the importance of its use; 3) fulfills NPDES Phase II permit requirements for City of Eagan for public education and City Council communication. • The following stores have been recognized as Business Watershed Stewards: Eagan Hardware Hank Sam's Club Home Depot Target Jerry's Garden & Nursery Center Wal-Mart Pellicci Ace Hardware At this time, Eric Macbeth, Water Resources Coordinator, will present representatives of the recognized businesses with certificates of appreciation for their efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region. Agenda Information Memo April 18, 2006 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 April 4, 2006 regular City Council meeting and the March 28, 2006 City Council retreat as presented or modified. ATTACHMENTS: Minutes of the April 4 2006 regular City Council meeting are enclosed on pages / through ~. MJ i`n,,utes of the March 28, 2006 City Council retreat are enclosed on pages ~_ through l~• MINUTES OF A REGULAR MEETING OF THE ~ R A EAGAN CITY COUNCIL Eagan, Minnesota Apri14, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. Susan Melman discussed problems that she is having with her neighbors regarding noise. She was referred to Chief Therkelsen. Members of the Greyhawk Homeowners Association discussed issues regarding unrecorded easements, unfinished landscaping and other items left incomplete by the developer. Council directed staff to place this issue on the April 18, 2006 City Council meeting agenda. A regular meeting of the Eagan City Council was held on Apri14, 2006 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 Duector Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary /Deputy Clerk Mira Pepper. RECOGNITIONS AND PRESENTATIONS The retired Volunteer Fire Chiefs were recognized by Mayor Geagan and presented with a certificate. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: S Nay: O CONSENT AGENDA Items I and K were pulled from the consent agenda for discussion. Councilmember Tilley moved, Mayor Geagan seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 21, 2006 regular City Council meeting and the March 14, 2006 special City Council meeting as presented. B. Personnel Items. ' 1. It was recommended to approve the hiring of Steve Evanson as a Utilities Maintenance Worker contingent upon successful completion of physical, drug and agility testing. 2. It was recommended to acknowledge the retirement of Linda Bendt, Administrative Secretary in the Police Department. 3. It was recommended to accept the resignation of Jay Morgan, Water Production Maintenance Worker. C. Check Registers. It was recommended to ratify the check registers dated March 23, 2006 and March 30, 2006 as presented. D. Proclamation. It was recommended to recognize the week of Apri19-15, 2006 as National Public Safety Telecommunications Week. E. Liquor License/Tobacco License. It was recommended to approve anOff-Sale Liquor License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located at 4130 Blackhawk Road. It was also recommended to approve a Tobacco License for Diffley Liquor, Inc. located at 4130 Blackhawk Road. F. Surplus. It was recommended to declare Police Department office furniture as surplus to be disposed of as refuse. G. Delinquent Utility Bills. It was recommended to set a public hearing for May 2, 2006 to consider the final assessment of delinquent utility bills and certify them to Dakota County for collection with property taxes. H. Delinquent Invoice. It was recommended to set a public hearing for May 2, 2006 and consider the final assessment roll for this property. I. Pulled for discussion. J. SOOQ• It was recommended to approve the advertisement for Statement of Qualifications and Quotes for the development of Patrick Eagan Park Master Plan. Eagan City Council Meeting Minutes April 4, 2006 Page 2 DRAFT K. Agreement. Removed from agenda. L. Contract. It was recommended to approve the selection of Vistar as the primary concessions food and supplies provider for concessions operations at Cascade Bay, Civic Arena, Eagan Community Center and Northview /Lexington - Diffley athletic facilities from May 2006 through Apri12007 and direct staff to prepare the appropriate contract for the Mayor's signature. M. 2006 Fees and Charges. It was recommended to approve the following policy change to Parks and Recreation Feels and Charges Policy: 1. To allow the charge of a $175 mobile play wagon rental fee for residents who wish to rent the self contained mobile entertainment center for a party or special event. 2. The allow the charge of a $200 mobile play wagon rental fee for non-residents who wish to rent the self contained mobile entertainment center for a party or special event. N. Contract 06-02. It was recommended to award Contract 06-02 (Denmark Avenue / Saddlehorn /Sunset / Town Centre Drive / Meadowview /Alexander Road Street & Sidewalk Improvements. O. Contract 06-03. It was recommended to award Contract 06-03 (Meadowland / Suncliff/Silver Bell Road / Art Rahn / Hillandale /Whispering Woods / Slater Road -Street Improvements), to McNamara Contracting, Inc. for the base bid in the amount of $659,591.30 and authorize the Mayor and City Clerk to execute all related. documents. P. Final Planned Development. It was recommended to approve a Final Planned Development of 5.4 acres to build a 3-story, Class A office building on Lot 1, Block 1, Grand Oak Five in the NE'/. of Section 02. Q. Final Planned Development. It was recommended to approve a Final Planned Development to construct a 20,600 square foot retail building located at 1247 Northwood Parkway in the SE'/4 of Section 10. R. Correspondence to Support State Funding It was recommended to approve correspondence to support State funding in 2006 for the expansion of the northwest area of Inver Grove Heights. S. Contract 03-09. It was recommended to approve the release of remaining retainage for Contract 03-09 (Coachman Water Treatment Plant) and authorize the Mayor and City Clerk to execute all related documents. T. Lease Agreement. It was recommended to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. The approval of this lease will enable the police department to lease two 2006 motorcycles for one year at a cost of $2.00. I. Use of Community Center free of charge for Miss Eagan Pageant• Councilmember Fields stated she would like further discussion regarding the pageant organizers marketing more to Eagan residents or students, as Miss Eagan has not been an Eagan resident/student the past two years. Motion was made by Carlson, seconded by Tilley to continue consideration of a request by the Miss Eagan pageant to use the Eagan Community center free of charge during the 4`~ of July festivities. Aye: 5 Nay: 0 K. Agreement for professional services agreement for a miniature golf course within Cascade Bay was removed from the agenda. City Administrator Hedges explained that staff is recommending a change in the process for the design plans and specifications for the course and will utilize either the City's existing engineering services or a mini golf course consultant. No action was needed for this item. PUBLIC HEARINGS OAKVIEW CENTER ADDITION (Lots 1 & 2, Block I) EASEMENT VACATION City Administrator Hedges introduced this item regarding a drainage and utility easement vacation within Lots 1 and 2, Block 1 Oakview Center Addition. Public Works Director Colbert gave a staffreport. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to close the public hearing for the vacation of a public drainage and utility easement within Lots 1 and 2, Block 1 Oakview Center Addition. Aye: 5 Nay: 0 (Action on the vacation taken later in the meeting). Eagan City Council Meeting Minutes ®R A F Apri14, 2006 Page 3 OLD BUSINESS FINAL PLAT AND FINAL PLANNED DEVELOPMENT (DIFFLEY MARKETPLACE) RELIANCE DEVELOPMENT City Administrator Hedges provided background information regarding the Final Plat and Final Planned Development of Diffley Marketplace located south of Diffley Road and east of Lexington Avenue. He noted that the Dakota County Board of Commissioners had denied a compromise solution for access to the development, however Council must take actions related to the development itself. City Attorney Dougherty outlined options for the Council to consider. David Stradtman, representing Reliance Development discussed the potential use of Daniel Drive as access to the development, stating that he felt the neighborhood's reaction to the proposed access was based on emotion and fear rather than engineering and facts. He stated his position is that they should be able to use the property as the Comprehensive Guide dictated. Janet Westenberg, representing the neighborhood, stated that it was the general request of the property owners that access through Daniel Drive not be allowed, expressing concern over safety and overall quality of life. Kate Boyle stated she had attended the Dakota County Board of Commissioners meeting and felt they are not listening to the concerns of the residents. She requested that the City Council support the request of the residents by denying access to the property via Daniel Drive. Peter Ramstad shared background information on the area and the many years retail development was anticipated on the subject site and that the exact same thing occurred in his neighborhood with the Holiday and McDonald's development, just across the street. He went on to say that the neighborhood fears were never realized. He stated his support of the development with full access to Daniel Drive. Barbara Lenort also spoke in favor of the proposed development with full access to Daniel Drive. She explained to the Council that she has been waiting for a development like this for 10 years and how full access to Daniel Drive would make the development more convenient. She also stated her belief that the Daniel Drive coalition was not being genuine. Councilmembers held a discussion regarding options for the site. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the final plat for Diffley Mazketplace creating one lot on approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Point 13`h Addition and Outlot A, Lexington Pointe 7`h Addition, in the NW '/< of Section 26. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Final Planned Development for Diffley Marketplace to consist of a 42,600 squaze foot grocery store and two 10,000 square foot multi-tenant retail buildings upon 10.94 acres located south of Diffley road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13`h Addition and Outlot A, Lexington Pointe 7~' Addition, in the NW '/, of Section 26, subject to the following conditions: Aye: 5 Nay: 0 l . A Final Planned Development Agreement for the authorization of a 42,600 sq. ft. grocery store and two 10,000 sq. ft. multi-tenant buildings shall be executed. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan (without access to Daniel Drive) • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan Eagan City Council Meeting Minutes Apri14, 2006 Page 4 CRAFT Construction of each of the additional retail buildings approved as part of the Preliminary Planned Development for Phase II will require Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. Platting 3. The platting of Diffley Marketplace Addition shall be completed prior to issuance of any building permits. Uses 4. Uses permitted within the NB zoning district shall be permitted within the two 10,000 sq. ft. retail buildings. Only three Class II restaurants, with one drive-through service shall be permitted. Any additional Class II restaurants shall require a Planned Development Amendment. 5. The following Class II restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's, Taco Bell and Arby's. Setbacks 6. The trash enclosures shall meet the 30-foot setback from the south property line. Streets/Easements/Right-of--way 7. With future subdivision, cross-easements will be needed for ingress/egress and parking in a form acceptable to the City Attorney. 8. The development shall provide a service drive dedicated to through movements and without direct parking stalls, from the existing access onto Diffley Road to the Walgreen's property. 9. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of--way. 10. 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. 11. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements and area acceptable to the City Engineer. 12. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 13. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site, the developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road for review and approval by the City Attorney prior to release of the plat and Planned Development agreements for recording. Gradin rainage/Water Quality 14. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 15. The proposed Grading Plan must be revised to incorporate berming along Diffley Road. 16. City water quality requirements shall be met primarily through construction of an on-site pond on the east end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a maximum depth of 10 feet. _To account for the 1.04 acres of the site that drain off site to city streets without stormwater treatment, cash in lieu of ponding shall be paid at the rates in effect at the time of payment. Landscapin Tree Miti ation 17. A detailed Landscape Plan shall be submitted on the proposed grading plan. The financial guaranty shall be provided in the form of a letter of credit in an amount equivalent to the cost of plant materials plus Eagan City Council Meeting Minutes Apri14, 2006 Page 5 BRA FT installation, as calculated by the City, and shall cover two full calendar years subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the City. 18. The Developer shall submit a revised Tree Mitigation Plan that shows the mitigation plantings separate from the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by the City Forester. 19. The developer shall review the Landscape Plan and revise it as necessary to address the following issues: a. Selection of plants and use of taller narrower evergreen materials along the south boundary for solid screening and appropriate size and tolerance for growing conditions. b. Potential conflicts between parking lot island trees and site lighting. c. Designation of mitigation plantings in addition to landscape plantings. d. Added shrub and/or perennial beds along Diffley Road. Lishting 20. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve the IESNA recommended standards and reduce light spillover onto adjacent residential property. 21. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 foot-candle or less at all points along the development where it abuts residential property. Elevations/Sianase 22. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior material rather than EIFS. 23. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved from the corrals and stored within the building overnight. 24. Awnings on the two retail buildings shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. Hours/Operations/Other 25. Hours of operation for the grocery store and other commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 26. There shall be no driveway connection to Daniel Drive. 27. Grading operations shall occur only between 9:30 am and 3:00 pm. 28. The developer shall provide flagmen during grading operations. 29. Construction operations shall cease at 9:00 pm. 30. Prior to commencing grading activity, the developer shall provide a financial guaranty in a form acceptable to the City Attorney to ensure proper completion of site improvements including but not limited to grading, erosion control, utilities, landscaping and site lighting. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct staff to draft Findings of Fact and Resolution to deny the applicant's request for an amendment to the site plan incorporating aone-way access from Daniel Drive into the development. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT -LESLEY TSCHERNE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a kennel upon residential property located at 3812 Blackhawk Ridge Place. City Planner Ridley gave a staff report. Council discussed the use of the property for a kennel should the property be sold. It was the consensus of the Council that an Interim Use Permit would be more appropriate for this situation. Eagan City Council Meeting Minutes Apri14, 2006 Page 6 `RAFT Councilmember Carlson moved, Councihnember Fields seconded a motion to continue consideration of a Planned Development Amendment to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place, to the April 18`h meeting to allow the request to be changed to an Interim Use Permit: Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING SUNRISE PROPERTIES City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density residential to HD, High Density residential upon approximately 5.1 acres located northwest of Highway 13 and Silver Bell Road. City Planner Ridley gave a staff report. After discussion regarding the recommendation of the Advisory Planning Commission, Council agreed that a more appropriate zoning of the property would be Planned Development. Greg Schlink, Sunrise Properties indicated he had no objection to the property being zoning Planned Development. Councilmember Fields moved, Councihnember Carlson seconded a motion to direct that a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density residential to HD, High Density Residential, upon approximately 5.1 acres located northwest of Highway 13 and Silver Bell Road be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT - EAGAN HOSPITALITY GROUP, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to change the approved use from restaurant to hotel and a Final Plat combining two lots into a single parcel on land located southwest of Lone Oak Road and Holiday Lane. City Planner Ridley gave a staff report. Rian Gamble, Eagan Hospitality Group discussed the proposed hotel. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to change the approved use from restaurants to hotel, upon approximately 3 acres located southwest of Lone Oak Road and Holiday Lane subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement amending the Preliminary Planned Development shall be prepared and recorded at the Dakota County Recorder's Office prior to the Final Planned Development Agreement. A site plan is required for the Final Planned Development. 2. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: • Final Site Plan • Final Landscape Plan • Final Building Elevations 6. 7. 8. • Final Signage Plan • Final Site Lighting Plan The property shall be replatted. A trash enclosure shall be provided for outside trash storage. Such enclosure shall be attached to and constructed of materials to match the principal building. Site lighting shall be through 400 watt metal halide fixtures pole-mounted at a height of 25 feet. All fixtures shall be downcast and shielded to prevent glare. Building mounted security lighting shall also be shielded and downcast to prevent glare. Building Signage shall comply with City Sign Code requirements. This site is allowed one free-standing monument sign. All such signs must be set back a minimum of 10 feet from all property lines. The monument sign base shall be constructed of the same materials used for the principal building. Eagan City Council Meeting Minutes Apri14, 2006 Page 7 CRAFT 9. Approval of this hotel proposal shall eliminate the "shopping center" pylon sign envisioned for the southeast corner of this site. 10. The landscape plan shall be reviewed to ensure no large growth materials conflict with the water line and easement, and to determine if a more suitable material can be used in the islands. Substitutions shall be made if necessary. 11. Landscape berms to help screen parking areas shall be provided within the parking setback areas, where possible. 12. To be consistent with the Oakview Center architectural standards, the elevations shall be revised to utlize brick and decorative block in place of the synthetic stone. 13. The developer shall provide evidence of ingress/egress easement allowing for the proposed service drive connection with the property to the west, in a form acceptable to the City Attorney. 14. This development shall install three Category B trees to fulfill the tree mitigation obligation for Oakview Center. 15. The fire Lane on the north side of the building shall be paved with concrete curb and gutter. 16. The development shall meet the 30% minimum green space requirement. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Plat (Oakview Center 2"d Addition) combining two lots into a single parcel upon approximately 3 acres, located southwest of Lone Oak Road and Holiday Lane. Aye: 5 Nay: 0 Councilmember Tilley moved, Councihnember Fields seconded a motion to approve the vacation of drainage and utility easements for Lots 1 and 2, Block 1, Oakview Center. Aye: 5 Nay: 0 REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (RED PINE CROSSING) - REVESTORS City Administrator Hedges introduced this item regarding a rezoning from Neighborhood Business to Planned Development, a Preliminary Planned Development for a mixed commercial retail /office development, and a Preliminary Subdivision to create two lots and a Variance to allow a lot with less than 50' public street frontage on approximately 9.82 acres located southeast of Red Pine Lane and Highway 3. City Planner Ridley gave a staff report. Quinn Hutson, representing the developer, discussed the proposed development. Julian Bell, representing six other residents, expressed concern over increased traffic in the area, safety, crime, noise and light pollution. He also suggested that a separate entrance to the development be provided off of Highway 3. Council held a discussion which included the feasibility study for street and utility improvements to be completed prior to final approval ,the height of the tower feature on the end of Building C, not allowing an off-sale liquor store, the limitation on the hours of grading for the project and no parking on the south side of Red Pine Lane. Councihnember Tilley moved, Councihnember Carlson seconded a motion to approve a Rezoning from NB, Neighborhood Business to PD, Planned Development for a mixed commercial retaiUoffice development upon approximately 9.82 acres located southeast of Red Pine Lane and Highway 3. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Preliminary Planned Development for a mixed commercial retail /office development, upon approximately 9.82 acres located southeast of Red Pine Lane and Highway 3, subject to the following conditions: Aye: S Nay: 0 The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan !u Eagan City Council Meeting Minutes April 4, 2006 Page 8 CRAFT 2. A Final Planned Development Agreement shall be executed for each building of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. The property shall be platted prior to issuance of any building permits. 4. Uses permitted within the NB zoning district shall be permitted within this development. Any use that requires a conditional use permit in the NB zoning district, with the exception of the bank drive- through and on-sale liquor service associated with a Class I restaurant operation, which are part of this initial proposal, shall require an amendment to the PD in lieu of a conditional use permit. 5. Neighborhood Business setbacks shall apply to this development except as noted otherwise: , • Building C may be set back 10.5' from the existing south property line abutting Gun Club Road. 6. A minimum of 30% green space shall be provided. 7. Building height shall not exceed 30', with the exception of the panel above the main entrance and the tower on Building C which extend to 38' and 46.75' respectively. 8. Building coverage shall not exceed 20%, based on the overall site area. 9. The developer shall review the trash storage areas to ensure they are of sufficient size to accommodate both trash and recyclable materials containers for anticipated tenants. 10. Stacking for 5 vehicles shall be provided for each of the drive-through lanes. 11. The developer shall locate all large-growth landscaping outside of public right-of--way and easement areas. 12. The applicant shall fulfill required tree mitigation through the installation of sixty-five (65) Category B trees (or an equivalent combination of Category Aand/or Category C trees). 13. 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) to 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. 14. The applicant shall contact the City Forestry Division and set up apre-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. 15. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision approval. 16. The Landscape Plan shall be revised to adjust species selection per staff report recommendations. 17. The revised Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 18. This development shall be responsible for cash parks and trails dedications payable at the time of building permit at the rates then in effect. 19. All building signage shall be subject to City Sign Code requirements and shall be limited to backlit channel letters. 20. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with signage on three sides. The center pylon shall be designed of materials to match the buildings. Sign area is limited to 125 sq. ft. on each side. 21. Free-standing monument signs shall be permitted at each entrance into the site. The monument signs shall be constructed of brick and limestone to match the buildings. The monument signs shall be subject to City Sign Code placement and size requirements. 22. Because the site apparently has an excess number of parking stalls, the developer shall redesign the stalls to the required 10' stall width for Building C and 9.5' stall width for Buildings A and B. 23. The developer shall have the lighting engineer review the Site Lighting Plan to determine if adjustments can be made to improve lighting west of Building A and bring the average to minimum ratios in all parking areas to 4:1. 24. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not interfere with effective site lighting. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision to create two lots upon approximately 9.82 acres, with a Variance to allow a lot with less than 50' public street frontage, located southeast of Red Pine Lane and Highway 3, subject to the following conditions: Aye: 5 Nay: 0 ~/ Eagan City Council Meeting Minutes April 4, 2006 Page 9 2. 3. 4. 5. 6. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. ®RAF The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, $3, B4, C1, C2, C4, D1 and E1. The property shall be platted. Neighborhood Business setbacks shall apply to this development except as noted otherwise: • Building C may be set back 10.5' from the existing south property line abutting Gun Club Road. Building coverage shall not exceed 20%, based on the overall site area. A minimum of 30% green space shall be provided. Building height shall not exceed 30 feet, with the exception of the panel above the main entrance and the tower on Building C which extend to 38' and 46.75' respectively. The developer shall review the trash storage areas to ensure they are of sufficient size to accommodate both trash and recyclable materials containers for anticipated tenants. The developer shall be responsible for obtaining easement permission from the adjacent properties for the proposed grading. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. All retaining walls shall be located on private property, outside of public right-of--way, and maintained privately by property owners. The developer shall submit evidence of private agreements between all properties in the subdivision, providing for long-term maintenance of the rain garden and infiltration basin areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and Public Works Department. The developer shall be responsible for providing a public storm drainage system within the development to accommodate the existing drainage from Biscayne Avenue, in accordance with City engineering standards. This development shall extend public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City Comprehensive Sewer Plan (2000). 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. The developer shall be responsible for all necessary roadway and signal mitigative improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection. The developer shall also be responsible for the dedication and acquisition of all necessary right of- way, and public and private easements to construct the mitigative improvements. To provide additional distance from the development entrance to Highway 3 to improve vehicle circulation on Red Pine Lane, the entrance shall be located as far east on the property as possible. The developer shall be responsible for obtaining private ingress /egress easement from Lots 4 and 5, Block 1 Halley's First Addition to cover the proposed access drive over those properties, to directly align with Red Pine Court across Red Pine Lane. The developer shall locate all large-growth landscaping outside of public right-of--way and easement areas. Stormwater runoff shall be treated on site via two constructed ponds. The design and construction of the treatment ponds and infiltration basins shall satisfy City standards and criteria. The wetland delineation report for the site shall be approved as submitted. A minimum exemption shall be obtained to allow 94 square feet of wetland fill. A average 30-foot natural vegetation buffer as provided on the site plan shall be provided next to the wetland. The applicant shall fulfill required tree mitigation through the installation of sixty-five (65) Category B trees (or an equivalent combination of Category Aand/or Category C trees). 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) to 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. The applicant shall contact the City Forestry Division and set up apre-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. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision approval. The Landscape Plan shall be revised to adjust species selection per staff report recommendations. The revised Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. /p~ Eagan City Council Meeting Minutes Apri14, 2006 Page 10 CRAFT 29. This development shall be responsible for cash parks and trails dedications payable at the time of building permit at the rates then in effect. 30. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with signage on three sides. The center pylon shall be designed of materials to match the buildings. Sign area is limited to 125 sq. ft, on each side. 31. Free-standing monument signs shall be permitted at each entrance into the site. The monument signs shall be constructed of brick and limestone to match the buildings. The monument signs shall be subject to City Sign Code placement and size requirements 32. Because the site apparently has an excess number of parking stalls, the developer shall redesign the stalls to the required 10' stall width for Building C and 9.5' stall width for Buildings A and B. 33. The developer shall have the lighting engineer review the Site Lighting Plan to determine if adjustments can be made to improve lighting west of Building A and bring the average to minimum ratios in all parking areas to 4:1. 34. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not interfere with effective site lighting. PROJECT 929, RED PINE LANE /RED PINE CROSSING STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street and utility improvements for Red Pine Lane /Red Pine Crossing. Public Works Director Colbert gave a staffreport. Councilmember Tilley moved, Councilmember Maguire seconded a motion to receive the petition and authorize the preparation of a Feasibility Report by the City Engineer for Red Pine Lane /Red Pine Crossing street and utility improvements. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT -CITY OF EAGAN COMMUNITY CENTER City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a pylon sign to announce events and programs at the Community Center. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councihmember Tilley seconded a motion to approve a Conditional Use Permit to allow a pylon sign at the Eagan Community Center subject to the following conditions. Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota county within 60 days of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The existing monument sign shall be removed prior to installation of the pylon sign. 4. The pylon sign shall be placed at the current monument sign location, approximately 220' north of Central Parkway, as indicated on the site plan with a modification date of July 12, 2005. 5. The pylon sign shall be setback a minimum of 10' from all property lines. 6. The pylon sign shall not exceed 10' in height or 109 square feet in area. 7. The LED text copy shall not change more than twice per day. 8. The LED text copy shall not contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. 9. The pylon sign shall comply with all Sign Code requirements. 10. The limestone base shall be the same as the present sign. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed proposed transition language regarding eminent domain in a bill that will be considered at the State Legislature later this week. Conununications Director Garrison discussed a telecommunications bill that is currently before Congress regarding local rates and franchise fees. ~~ Eagan City Council Meeting Minutes Apri14, 2006 Page 11 ~~~ F~ The regular City Council meeting was recessed at 9:45 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:55 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would be held following the regular Council meeting to discuss strategies for the City's litigation with MAC. FORMAL APPLICATION FOR HOUSING IMPROVEMENT DISTRICT CONSIDERATION CEDAR BLUFFS HOMEOWNERS ASSOCIATION City Administrator Hedges introduced this item regarding a petition from the Cedar Bluffs Homeowners Association requesting Housing Improvement District consideration for their property. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive a petition~from the Cedar Bluffs Homeowners Association and direct City staff to request formal application for Housing Improvement District consideration for their property. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 10:00 p.m. Aye: 5 Nay: 0 Date Administrative Secretary /Deputy City 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 RETREAT TUESDAY MARCH 28, 2006 5:30 P.M. MOONSHINE PARK RETREAT CENTER City Councihnembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Parks and Recreation Johnson, and Fire Chief Scott. Also present was City Attorney Mike Dougherty. I. ROLL CALL AND AGENDA ADOPTION Mayor Geagan called the meeting to order. II. DISCUSSION RE: 2006 CITY GOALS The City Council had a brief discussion with Parks and Recreation Director Johnson regarding goals for the enterprise facilities within the City. The City Council also met with Fire Chief Scott to discuss his recommended goals for the coming year as the newly appointed Fire Chief. The City Council discussed Goal #4 of the 2005-2006 Eagan City Council goals with regard to future green space initials within the City. The City Council also discussed their communications goals in working with Dakota County as well as enhancements that could be made to the City of Eagan web site. In order to further discuss communication initiatives, the City Council provided direction that a joint meeting will be held between the Eagan City Council and the Burnsville City Council on Monday, Apri124, 2006 at 7:30 p.m. The Council also discussed Goal #5 with regard to economic development opportunities within the southeast Eagan development area. The City Council had a brief discussion regarding legislative issues that could impact the City during this legislative session, and they also discussed their goals and vision for the City in the coming year. ~, j III.OTHER BUSINESS The City Council discussed workshop needs for the spring of 2006. In addition to the April 24 joint meeting with the Burnsville City Council, the. Council directed staff to include an item on the next Special City Council meeting to schedule special meetings of the Council on April 24 and 25 in order to conduct interviews of Advisory Commission applicants. IV. VISITORS TO BE HEARD There were no visitors to be heard. V. ADJOURNMENT The City Council adjourned their retreat at 9:30 p.m. lc~ Agenda Information Memo April 18, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Fitness Attendants/Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Heidi Savre and Robert Mattson as part-time fitness attendants at the Community Center. l ~7 Agenda Information Memo April 18, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated Apri16, 2006 and April 13, 2006 as presented. ATTACHMENTS: • Check registers dated April 6, 2006 and April 13, 2006 are enclosed without page number. !~ Agenda Memo April 18, 2006 Regular City Council Meeting CONSENT AGENDA: D. Premise Permit renewal for the Eagan Athletic Association ACTION TO BE CONSIDERED: Adopt Resolution approving Premise Permit renewal for the Eagan Athletic Association to continue a pull tab operation at Al Bakers, 3434 Washington Drive FACTS: The Eagan Athletic Association has applied with the Minnesota Gambling Board to renew their premise permit to conduct apull-tab operation at Al Baker's Restaurant. • They have been in operation since 2004 and no problems have been noted • Staff deems the application in order for approval ATTACHMENTS: • A copy of the proposed resolution is attached as page. • A copy of the application to the Gambling Control Board is available for review in Administration ly RESOLUTION CITY OF EAGAN PREMISE PERMIT FOR EAGAN ATHLETIC ASSOCIATION TO CONDUCT PULL TAB OPERATION AT AL BAKER'S RESTAURANT WHEREAS, the Eagan Athletic Association has applied for a premise permit for a pull tab operation at Al Baker's Restaurant, 3434 Washington Drive; and WHEREAS, the Eagan City Staff has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Athletic Association application for a premise permit at Al Baker's Restaurant, 3434 Washington Drive. Motion by: Seconded by: Those in Favor: Those Against: CITY OF EAGAN CITY COUNCIL By: Its Mayor Dated: April 18, 2006 Attest: CERTIFICATION Its Clerk I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18~h day of April, 2006. Maria Petersen, City Clerk ~~ Agenda Information Memo Apri118, 2006 E. APPROVE CONTRACT WITH THE CITY OF BURNSVILLE FOR AUCTION SERVICES IN CONJUNCTION WITH THE CITY OF BURNSVILLE AUCTION TO BE HELD ON MAY 6, 2006 ACTION TO BE CONSIDERED: To approve a contract with the City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 6, 2006. FACTS: - In May of 2005, the City of Eagan joined forces with the City of Burnsville to sell the City's surplus property at their annual auction. This collaboration was undertaken in an effort to reduce cost and improve efficiency. - This year's auction is scheduled for May 6, 2006 at the Burnsville Garage located at 75 Civic Center Parkway. The auction will begin at 10:00 a.m. with a preview of items starting at 9:00 a.m. - In order for the City of Eagan to participate in the auction, the City of Burnsville is requiring a signed contract for auction sales services. ATTACHMENTS (1): l - City of Burnsville contract on pages ~ through ~~ ~' 04/13/2006 12:54 EURNSUILLE P D -~ 96516755012 N0.439 CONTRACT BETWEEN THE CITY aF BURNSVILLE AND THE CITY OF EAGAN FOR AUCTION SALES SERVICE This Contract is made and entered into between the City of 9urnsville (hereinafter called °Burrsville") and City of Eagan (hereinafter called "Eagan") for auction sales services. WHEREAS, Eagan desires to place certain goods of Eagan in Bumsville's pub-ic auction on Saturday, May 6, 2006; and WHEREAS, Burnsville has hired a contractor who is capable of providing auction services for Burnsville at the Burnsville Garage located at 75 Civic Center Parkway, in Burnsville, on May 6, 2006; and WHEREAS, Burnsville shall allow Eagan to place its goods in Burnsville's public auction subject to the terms and conditions of this Agreement. , NOW, THEREFORE,'in consideration of the mutual promises and agreements made herein, the parties agree as follows: 1. EAGAN'S OBLIGATIONS. Description. Eagan shall deliver its goods for the Burnsville auction no later than 3:00 p. m. May 4, 2006, to the Burnsville Garage and agrees io the terms of this Agreement. Eagan acknowledges and warrants that it has the right to sell the goods it delivers to be sold at the Burnsville auction on May 6, 2006, and that the goods are firee of any and all encumbrances. 2. TERM. The term of this Contract shall begin immediately and terminate on May 19, 2006, when the services required by this Contract shall be completed. 3. COMPENSATION AND PAYMENT. 3.1 Rate of Com ep nsation. Eagan agrees to accept the terms for payment as stated in l3urnsville's Agreement, as stated in Burnsville's Agreement with Darrah's Auction Center, (hereinafter called "Auctioneer"). The rate of compensation Burnsville agreed to pay the Auctioneer to provide auction services and conduct an auction on May 6, 2006, for auction goods of Burnsville, and any other entity Burnsville invites to participate in the auction, is a commission of 15% of gross sales for all items sold at the auction, an additional 2% commission fee on all credit card sales will be paid, and the advertising expenses will be divided equally among all participating government entities. 3.2 Terms of Payment. The Auctioneer shall be responsible for collecting all monies due from each buyer on the day of the sale and, immediately after the sal®, the Auctioneer shall provide Burnsville with a complete record of all items sold and the sale price of each item. After deducting the agreed upon commission and other allowable expenses, as stated herein, from the gross proceeds of the sale, the Auctioneer shall provide Burnsville with a check for the balance of the sale proceeds no later than May 15, 2006. Burnsville shall pay Eagan the sales proceeds of the goods owned by Eagan, which were sold at the auction, minus the sales commission rates described in Section 3.1 above, within fourteen (14) days of Burnsville's receipt of its check for the sale proc®eds from the Auctioneer. Burnsville shall provide Eagan with a description of the Eagan items sold and the sale price of each item. 4. CQMPLIANCE WITH LAWS/STANDARDS. 4.1 G®__ n_ eral. Eagan shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs and staff for which Eagan is responsible. This includes, but is not limited to all Standard Assurances, which are attachod as Exhibit d and incorporated herein by reference. . CITY OF BURNSVILt_E & CITY OF EAGAN 2006 AUCTION SERVICES CONTRACT D02 t~~ N0.439 D03 04i13i2006 12:54 BURNSVILLE P D a 96516755012 A.2 Violations. Any violation of such laws, statutes, ordinances, rules or regulations, as well as loss of any applicable license or certification by Eagan shall constitute a material breach of this Contract, and shall entitle Burnsville to terminate this Contract upon delivery of written notice of termination to Eagan. Notwithstanding any other provision of this Agreement, such termination shall be effective as of the date of such failure or loss. 4.3 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the Substantive and procedural laws of the State of Minnesota without giving effect to the principals of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota. 5. INDEPENDENT CONTRACTOR STATUS. Eagan is and shall remain an independent contractor with respect to any and all work performed under this Contract. Nothing herein contained is intended or should be construed as creating or establishing the r®lationship of co-partners between the parties hereto or as constituting Eagan as the employee of Burnsville far any purpose or in any manner. The conduct and control of the work will lie solely with Eagan. However, Eagan acknowledges and agrees that Eagan is not entitled to receive any of the benefits received by Burnsville employees and is not eligible for workers' or unemployment compensation benefits through Burnsville. Eagan also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due Eagan and that it is Eagan's sole obligation to comply with the applicable provisions of all federal and state tax laws. 6. INDEMNIFICATION. Any and all claims that arise or may arise against Eagan, its agents, servants or employees, as a consequence of any act or omission on the part of Eagan or its agents, servants, employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of Burnsville. Eagan shall indemnify, hold harmless and defend Burnsville, its officers and employees, against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which Burnsville, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission .of Eagan, its agents, servants or employees, in the execution, performance, or failure to adequately perform Eagan's obligations pursuant to this Contract. 7. SUBCONTRACTING. Eagan may not subcontract this Agreement out to any other person or entity. 8. TIMELINESS. Time is of the essence in this Contract. The failure of either party to perform its obligations in a timely manner may tae considered by the other party as a material breach. 9. t~EFAULT. Farce Maiieur®. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 10. TERMINATION. Either party may terminate this Agreement with or without cause upon seven (7) days written notice to the other party. 11. WARRANTIESIGUARANTEES_ Eagan warrants to Burnsville that Burnsville's auction contractor has the right to sell the items delivered by Eagan to be sold, free of encumbrances, and Eagan agrees to defend, indemnify, and hold harmless Burnsville and the Auctioneer from any losses, liability, or expenses arising out of any claims from persons or entities regarding ownership of Eagan's items. 12. DAMAGES FOR BREACHlSET-OFF. Notwithstanding any other provision of this Contract to the contrary, upon breach of this Contract by the Auctioneer, Burnsville may withhold final payment due Auctioneer for purposes of set-off until such time as the exact amount of damages due is determined. CITY OF BURNSVILLE & CITY OF EAGAN 2 2006 AUCTION SERVICES CONTFdACT 04/13/2006 12:54 EURNSVILLE P D ~ 96516755012 N0.439 13. NOTIFICATION. Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Auctioneer. Jennifer A. Sexton, President Darrah's Auction Center 1980 East Highway 13 Burnsville, MN 55337 952-890-7287 To Burnsville: Bradley J. Leach, Captain Burnsville Police Department 100 Civic Center Parkway Burnsville, MN 55337 952-8954605 14_ MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by authorized representatives of Burnsville and the Auctioneer. 15. SEVERABII.ITY. The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 16. FINAI. AGREEMENT. 16.1 This Contract is the final expression of the Agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. In the event of a conflict between any provision(s) of this Contract and any provision(s) contained in any exhibit attached hereto, tha provision(s) of this Contract shall control 16.2 Exhigits. The following exhibits are attached and incorporated fully herein. Exhibit A Auction Sales Exhibit B Standard Assurances Exhibit C Insurance Terms IN WITNESS WHEREQF, the parties have executed this Agreement on the dates indicated below. Approve to // CITY OF BURNSVILLE "/ ~~~"~~ By; 6urnsville City ttorney / Oate Bradley Leach, Police Captain Date of Signature: `/ • r ~ -.~~ CITY OF EAGAN (Notarize Signature) STATE OF MINNESOTA ) ss. COUNTY OF ) By: Title: Date of Signature: This instrument was acknowledged before me on , 2006, by (name) (title) , of the City of Eagan, who, being duly sworn, represents and warrants that he/she/they islare authorized by law and all necessary board action to execute this Contract on behalf of the corporation/organization, intending this contract to be a legally binding obligation of the corporation/organization. (seal) Notary Public CITY OF BURNSVILLE 6 CITY OF EAGAN 3 2006 AUCTION SERVICES CONTRACT ~~'" D04 04/13/2006 12:54 BURNSVILLE P D 3 96516755012 N0.439 EXHIBIT A AUCTION SALES BETWEEN CITY OF BURNSVILLE & CfTY OF EAGAN ANO DARRAH'S AUCTION CENTER 1. Darrah's Auction Center. (hereinafter called "Auctioneer) shall provide one auctioneer (two auctioneers, if necessary) on the day of the sale. 2. Auctioneer shall provide adequate labor for auction preparation and setup on Friday, May 5, 2006, from 8:00 a.m. to noon, and on Saturday, May 6, 2006, the day of the sale. 3. Auctioneer shall run timely advertisements for the sale in the Minneapolis Star7"rrbune, the St. Paul Pioneer Press, and the Free Press, City Pages, Golden Nugget, and distribute sale bills via U.S. Mail, fax and email to selected lists of necessary buyers, No ad shall be smaller than 2 column x 5" except in the Minneapolis StarTribune, 4. Auctioneer shall provide Proof of Insurance in the limit amounts required by Burnsville per Exh' it C, Insurance Terms, in the Contract executed with Burnsville, prior to the date of the sale. If Auctioneer utilizes a subcontractor to perform any of its duties under this Contract, Auctioneer must require the subcontractor to provide Proof of Insurance and Coverage Limits to the County prior to beginning work under this Contract. Auctioneer must also require the subcontractor to agree in writing to defend, hold harmless and indemnify Burnsville from any and all liability arising out of the subcontractor's performance of its duties. When a subcontractor is utilized, Auctioneer understands it remains responsible for complying with all of Bumsville's terms of this Contract. 5. Auctioneer agrees to auction goods Burnsville and any other entity Burnsville invites to participate in the May 6, 2006, public auction. Burnsville will pay the same sales commission to Auctioneer for the items owned by the other entities. PROPOSAL FOR AUCTION SERVICES Client: City of Burnsville & City of Eagan -Police Departments Contact: Captain Brad Leach Burnsville Pofice Department 100 Civic Center Parkway Burnsville, MN 55337 952-895-4608 Event: Property & Evidence Auction Date of Event: Saturday, May 6, ZOOfi Agreements: Darrah's Auction Center agrees to provide: • Professional staff the day of the event including two (2} Auctioneers, Cashier, Clerk, two_ (2) Spotters • Electronic Clerking • Auction Sales Documentation • Assistance with event planning, if requested • Preparation and placement of advertising Commission Rate: 15% of gross sales Advertising: At client's actual expense, budget = $500-800 CITY OF BURNSVILLE J~ CITY OF EAGAN 4 2006 AUCTION SERVICES CONTRACT D05 04/13/2006 12:54 BURNSVILLE P D ~ 96516755012 N0.439 Advelrtising Placement: Including but not limited to: StarTrihune, Pioneer Press, local publications, event flyers, Midwestauctions.com, Darrahsauctions,com Staffing: Two (2) Auctioneers, Clerk, Cashier, two (2) Ring Persons Buyer's Premium: Buyer's premium will not be charged, Payment for iMerchandise: Checks will be made payable to "Darrah's Auction Center". Visa, MasterCard, Amex available, if requested; 2% credit card fee at client's expense- Payment for Services: To be paid in certified funds within sevQn (7) business days, less auctioneer's commission and agreed expenses. DARRAH'S AUCTION CENTER CITY OF BURNSVILLE By: Je nif exton, President Date of Signature: y -1 ~ ~_~~ CITY OF BURNSVILLE & CITY OF EAGAN By: `~- ®radley .Leach, Police Captain Date of Signature:~t' ~ !~ ~~ 2006 AUCTION SERVICES CONTRACT D06 acs 04/13/2006 12:54 BURNSVILLE P D ~ 96516755012 APR 13,2006 11:52 ~ 9526907287 ::.~. N0.439 D07 gage 3 A Rl~, CERTIFICATE 0~' L.IABILITY INSURANCE °A'~`""'°°""'" 03/09/2006 PROD (507)367-5460 507)387-6265 IS EQ A A O IN I N C. 0. Brown Agency, Inf:. ONllf ANO CONFERS NO RIGlitS UPON THE GERTIPICATE aegol OfNcft: Bulldin® AlT R7f~E COVERAGE a~ ORDE ~Y 1'NEEPOU~ES BELORf+V_ 600 Re®d Streetr Su;te 103 Mankato. MN 56001 INSURERS AFFORaiNly COVERAGE NAIC tl INaURRC Senn er Anne Auct,oneering Inc. INSVF+ert~ Grinnell Mutual sainsurance Co 1x117 oSA: Oarrah's Auct,fon Center INrUNERB: 1351 R9verwond Drive ~~~~ INSU ER C: Burnsville, MN 55337 INSUk~riD~ 1.la.ID[O L• ANY Rfi0U1R£MGNT, TEfiM OR CONDITION OR gryY GON7NACT OR OTHER D OCUAdENT WITH RESPfrrT TO WHICH TM18 CERTIFICATE A1AY Bf IS6UED OR MAY PEkTAIN,'THf: INSURANCE AFFpRDEO eY THE POLICIES DESCRIBED N ER61N IS SUBJECT TO ALT. THE TERMS, EXCLUSIONS ANO CO NDITIONS OF SUCH taOLICIE6. AGGREGATE LIMITS SHOWN MAY i1AVE BEEN REDUCEp BY PRIG CI.AIM9. M R ~~ ~F M8UMNCE POLICY NUtlBBR D ~p F MAV '~ LIi1i7 9 ~ aoN~wu.LU,erurv 0000331630 03/28/2006 01/28/2007 Gg4H000URRFsICE s 1,,000,00 x COMNERGIAL GENGRAL I IAPILITV Rk MIS nnw _ x0~• _ CI YMy MADfi ~ OCCUR t-J N6D EI[V tgny 9np pM40A) _ S S r OO A PBASONAL ~ qDV IN,wRV i ~, r OOU OO CENERALA(iGN@WT~ ! Z flO0~0O dITADDLIESMtiR: GlNIA[''GA6GATElIA ~R(?DVGTS.•CAAAP/ORACiO = 2.000 OO U PaLN:T vEGT LOC AUfCUOBRfi 41A91LIT1' COAIOINCC S~nCLE LIWT ANY AUTO fErv~xles*+J S ALL OWNED AUTOS d(UiILT tNJVRY f iIGHGWIED AUTOS (Prr D6rUmml -rlar"P AUTOS IN.IURr (lQO+Lr NoN~>w,+eb Auros • IPa ~~"'> s . - FfiopERTV GAMn~e S - fvuec.~omg GA RAGC LFA8ILi1Y 4UY0 ONLY - U+ ACG~AENT f ANY AUTO OTNtN 1 FIAN [iA ACC 5 AIITU ONLY: AQfi S fUrc 69ylVl1f3RP1U LUe1LTIY PJ1C11 OCCUgMENCE 9 OCGIw Q CLAIYA ~rWE +~GGREGATi: i S bPDUCTIYLG ~ i RETSIITI~N 6 f MIOiDIEA3 COMP~htiATpN AND ' T LIMIT f12 QMPLOY~9 UAlltUTl ANY P130PRI6TAkAUq-NEAIEX000TIVE~ - E.L- f.ACH ACCIDGNT S - OI'PlCifialCuaktz ExCLUDEO> G.L. UI:;+~A9E - l:~ F:-IPlOYE' ! It yH, OOip/Dr 11nOmr J;H: CUl Pi1PUl,! WN6 D.bw E.L DISEASE • POLICY LIN! 1 S SNOUIb ANY Oi Twt: AOOIr~ 066CR16E0 PAUeme mp G~GELLdo e[FOReTHE ezPNWTwN D~rH TNCRBOF, CNE ISBtlINy IN9URSR 4RL ENOFAVO>b TD NAIL _~., DAYO wRrTrZN NOTICE TO TM6 G6RT+IICATe NolpeR HAWED TO TNB-HFT, Mfiflnedp01~5 FOIiCe Department NDTiAILURETOYA1LaUCNNOTICEtHALt.no1P09ENO0DU6oTroN0gW91LITY 350 SO{It11 5th Street OFAl1YKINDVP0NTN9dBYRER,-TSAGENTISfjRROVRE®eNTATIVE6. 1!i nn®apol i s . MN 5 5415 Av1noRluu aaaR~lugTly 25 (zooliDay c6ACOR0 CaRPOIZATION ~oee ~/ 04/13/2006 12:54 BURNSVILLE P D -~ 96516755012 APR I3,20~i6 11;53 __A ~ 9528907267 N0.439 DO° Page 9 AUCTIONEER'S LICENSE State of MinIICSOta} } County of Dakota } Residing at ~a. me o~ auctioneer Currtnt Aa4ress Of the City/Township oP~~,~~~~o~ Ivemc of Catty nr'I'nwnahip [n the County of Dakota, State of Minnesota, having paid into the County 'l'rrasury of said County the su.rn of ~` ,~,~.~ Is hereby authorized and licensed, upon filing in the office of the County Treasurer-Auditor of sari County his bond; with sureties Approved by said County Treasurer-Auditor, in the sum of ~~ conduct the busiaess of an auctioneer in the 4tate of Minnesota for the period of one year from the date hereof. (given and Issued under my hand and seal of office this ,. ~~~~' day of ~ .__ County 'Treasurer-Auditor ~~y~.~~ Ry_1~~,~ Expf res ~ ~ ~ 1- ~ (p G~~ NG. H;1N15 ~lZOU'i 04/13/2006 12:54 EURNSVILLE P D ~ 96516755012 APR 13,2006 21:53 _ - 9528907287 NU.439 D09 Page 5 a ~~ D estern dune n1 an ~ ~y LICENSE AN'D PI:RMTT 13UND KNOW ALLPF:RSUNS BY THESE 1'1th:SENTS: Liond No. 699i3~75 ThYtwe, J~~ni fir J?r~ne Auctioneer h~,_ =nc. __,- _,_4_ -, . .. . (isthr. Ci.tY ..___~ of J3u~.l?svj l l® - _- • State of Min:iesota, .. ., , as PrincaPtsl. and WF',ti'1'K1tN SURETI f,:(~M 1'ANY, a corperati~n duly ).it:r.n~i:d to rla stu•ety buKina,: 1~1 t.ha tit.4te n! MinnKr:nl.a „ .,, _ . , xa SurRty, arc held and firmly bound tu1W tale ., __. . 5ticte of M1IlRL~GOGA , :-s Obli{,~e, in 6}-M lYenel sum of on® Thnusari9 and op_(1an , . ., ,._... 1)i7LL.ARS ~ S1, ooo. oo 1, lawful nlaney of the United :3Catr.s, td bo paid to t11~ Obligee, fnr which p3ymant well and trttiy to be made, we bind oetl^~elves and vur lcg~l 1•¢prese[ifafives, firmly by these prcacnta. THE l:UNI)1'!'i0N OF THP; AISOVE (,)RLIt;A'1'!ON IS SLIC;1i, '(~hnt whereas, the Prinripal ha:, baccl 1ic~nsori AuCtion~°Hr county ~~, Aakot~ .,,,- ,,,_ , . ._.__ _ ,_..._..._.._.__... , ,. by thr. Qltiligcc. Now T>1,>~Kr:M'C)j'cE, if the Princip:,1 shall 4~irhfully perform the duties and in all l})ings comply with tl,e !s-ws and urdinAnma, inchttling all :-mendment6 thr..retn, pertait-it-g Co r,hr. license ur yermit appjied for, then this ub1i.G:~Ginn to bts vivid, otherwise w remain in full force and ef9cct until A~,g1i_y}~.,g~h 2oo,F.-, sinless reD6wd~d by Cantinuatiun Gertifiretc. This bond m~v he. terminetcd ~t any time by the ~Jurety ugon sending notice in writie-g, Icy FirHt Clause 1J.S. Msi1,.L3.,Lll.e Obligee and to Che Princivttl al thr:: ttrl~(rcaA last kaowtl W the tiuraty, sod st the expnation of tlu~"-~i!~ r3~)~~deys from the mailing of ~;-id notice, Chid bond +~hall ivso fscto tc.rmin:-t.~ and the; Surecy x ,....... ., -.. _ yht~}~~l1,eCcu~eZ •tie~~~lievr.!1 fr<,sn any liability fos any uc1.s ur filniNRinllF of tike P7inwlisl SubtOQ~te11t. to said d~ta';••R.c~at~fie>~g'ti~:y~be u~un.brr bf rea!'b Chia bond shu11 Continue in force, the nutober iif claims cozc~ir ~. ~9~r1~'~?)i9 bnnii: `~iiiMd7xhe nuuYber of pse iurn9 which shall bd ~,ttyHlle or paid, tho Surety's total limit of lu}631i:y ~1all not hC Gttinulative fr0i11 ,year jo yevr ur pAri~id to pal-;od, cind io no gvrtlt shall the Surety's TF+tal V" ~µ )iak~illty,, 14~s_ai}~ e'fAir~ia,=exceed the smu-lnt st:t. Earth above. At)y revision of the bond xTtunlrlt. i:httl] nut bd curitLTst1i~P~ . -.-:. C; llateid ~l}tiy~ .@ t-I- dvy GJ: _ Avgu®C 2005 , Jentrizr~it i~NNE AUCTION?F:RZxc, INr~ _ ~j S / ~ --- }'riucivnl _, •Oou~terFisned (wliers reiluirc~~l) ' W 1; S T E N /ti l,J K H: 'I' l: Q lvf }' A 1\ 1' y F-~.... _ _ _ _ ~ F :eu- 1'. BrnQat, 5 -or Vicc I rG~idanl Ramssz•s-zoo2 - s .! .., - .i .: ~ ~~ 04i13i2006 12:54 EURNSVILLE P D ~ 96516755012 N0.439 D10 ~xMie~T e STANDARD ASSURANCES 1. N_ON-DISCRIMINATION. During the performance of this Contract, the Contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status, The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. Such action shall include, but not ba limited tv the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A, The Equal Employment Opportunity Act of 1972, as amended. 42 U.S.C. §2000e et seq„ which prohibits discrimination in employment because of racB, color, religion, sex or national origin. B, Executive Order 11246, as emended, which is incorporated herein by reference, and prohibits discrimination by U.S. Govemm®nt contractors and subcontractors becaus® of race, color, religion, sex or national origin. C. Th® Rehabilitation Act of 1973, as emend®d, 2A U.S.C. §701 et seq. and 45 C.F.R. 8a.3 (,1) and (K) implementing Sec. 504 of the Act, which prohibits glscrimination against qualifred handicapped persons in the access to or participation in federally- funded services or employment- D. The Age Discrimination in Employment Act of 7967, 29 U.S.C. §621 of seq_ as amended, and Minn. Stet. §181.81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 19G3, as amended, 29 U.S.C. §206(d), which provides that an employer may not disa•iminat® on th® basis of sez by paying employees of different sexes differently for the same work. F. Minn. Slat- Ch. 383, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, alsabllity, sexual Orientation or age. G. Minn, Stat, §181.59, which prohibits discrimination against any person by reason of race, creed or color in any state or political subdivision contract for materials, supplies or construction. V'iolatian of this section is a misdemeanor and any second ar subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990, 42 U.S.C. §12101 through 12213, 47 U.S.C. §225, 6~ 1, which regulations at 29 C.F.R. §1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition or privileg® of employment. 2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stor®d, used, maintained or disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stet. Ch, 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy, and Contractor must comply with those requirements as if it were a government entity. The remedies in section 13.08 apply to the Contractor, Contractor does not have a duty to provide access to public data to the public if the public data are available from the government agency (City), except es required by the forms of this Contract. All subcontracts shall contain the same or similar data practices compliance requirements. 3. HEALTH INSURANCE PORTABII-ITY B~ ACCOUNTABILITY ACT OF 1996. The Contractor agrees to comply with the requirements of the Health Insurance PoRability and Accountability Act (HIPAA), which era applicable to the Contractor's duties underthls Contract. In pertorming ifs obligations under this Contract, Contractor agrees to comply with the HIPAA Privacy requirements as of April 14, 2003, thrr HIPAA Standards for Electronic Transactions as o~f October 18, 2003, and all other HIPAA requirements as they become law. 4. RECORpS DISCLOSURElRETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other Evidences relevant to this Contract are subject o the examination, duplication, transcription and audit by the City and either the Legislative or State Auditor, pursuant to Minn. Stet. §18C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United Slates, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or peym®nt were last provided or made or longer if any audit in progress requires a longer retention period. CITY OF BURNSVILIE & CITY OF EAGAN 6 2006 AUCTION SERVICES CONTRACT ~~ 04i13i2006 12:54 EURNSUILLE P D ~ 96516755012 N0.439 D11 5. WORKER IiEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contrail. Contractor shall make arrangements to ensure the health and safety of al( subcontractors anq other persons who may perform work in connection with this Contrail, Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or Certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards, regulations and n.~les promulgated pursuant to the Occupational Health and Saf®ry Act, which are applicable to the work to be performed Dy Contractor. 6. CONTRACTOR DEBARMENT, SUSPENSION ANO RESPON5IBILITY CERTIFICATION. Federal Regulation 45 C.F.R. 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stet. §16C.03, subd. 2, provides th® Commissioner of Administration with the authority to d®bar and suspend vendors who seeK to contract with the Stale/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. By signing this Contract, the Contractor certifies that it and its principals' and employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded fi~om transacting business by or with any federal, state or local government department or agency; and l3. Have not within athree-year period preceding this Contract: 1) been convicted of or had a civil judgment rendered against Them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or d®str<iction of records, making falso statements or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing s public (federal, state or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen properly; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contrail are in violation of any of the certifications set forth above. E. Shall immediately give written notice io thv Contracting Officer should Contractor coma under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing: a public (federal, stale or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. *"Principals" for the purposes of this certification means officers, directors, owners, partners end persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division or business segment and similar positions), Directions for on-line access to excluded providers: To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General website at w~w.dhhs. ovq /pfoAOrA/oig/ . CITY OF 8Uf2NSVILLE & CITY OF EAGAN 7 2006 AUCTION SERVICES CONTRACT ~~ Agenda Information Memo Apri118, 2006 F. APPROVE ON-SALE WINE. SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR LICENSE FOR BA-OCK, INC., DBA MOE'S SOUTHWEST GRILL, 1281 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: This item has been continued indefinitely. ATTACHMENTS (0): ~c~ Agenda Information Memo April 18, 2006 Eagan City Council G. EXTENSION FOR RECORDING FINAL PLAT (KENNERICK THIRD ADDITION) -GAIL MCMAHON ACTION TO BE CONSIDERED: To approve (OR deny) an extension to May 29, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE '/4 of Section 4. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The City Council initially approved the Final Plat on November 15, 2005, and required the plat be recorded within 60 days of approval. - The applicant was granted a 60 day extension for recording by the City Council on January 17, 2006. The recording deadline was March 17, 2006. - The applicant was not able to record the plat within the deadline. Due to a number of circumstances. - The 75 day extension will allow the applicant to work out issues with Dakota County and her mortgage company. ATTACHMENTS (2): Plat drawing on page Letter from Gail McMahon on page ~~ ti `: z~ x .~e6 9 ~' 3 i~ a~ o° 3 s `' e~ s ~2 W =. to R a g~ /I~~l Q ~~ U O I~ ti W t I' 1 ~ _~ ~~ IF ~ s§§7 I ~` L~J :) ~ ~_ I ~> ~ v~~ ~R~ I I1I! 1 W ~ =a z ~ u ~ ~ ~ ~ °$i~ ~ ~ Ej b I _I B~! '~~~ } 4 el ~ ~iky i I e ~p RI ~3 ~ a G 833 i 6I ~ ~~ ~ ~ I~, ~ ~ ~ b I °~ b r ~ ~~~ ~ i ~ ~ ~ ~ .~ 3 ~ ;~j Y ~ ' ~ ~ m ~ ~~ f~ FYI ~I ~ ~ i s g ~ ~ ~ ly e ~ ¢ s4 ~Zp{9 `~ IW ~ ~ ul ~a 6~ ~i F= ~~ ~ ~6 ~d ~53 p! ~~ 6 ~~ ~ ~~ 9 ~ ~ ~~ ~~ ~ ga ~ ~~ ~ ~E~ A /~////7/1C/ /7A/> I/n/I/=7A/A/-]I/ /VV/1/VVY V/YG .~~~/~~I/V/Y_J.~ .M.[aM N I I I C I I ~ j Cj 1 ~~ `~ C1 ~ J ~ ~ 5i ~ ~ ~ ~ d~x 1 `~ ~ •, R ~~ r ~ ;" ~ ~~~ I pp 1 g ~ i Z0/ -~__~_ i C --------J ~ ~ ~ i~9 A r" _ 7~ ~ ~~ ii ll _ ~ `~ ~ _ ~ `' \c' I \ , ~ ~''~ ` : ' i ~ ~~ ` \„ ~ 1 ~ ~ ~~ ~ ~~ i -- ----~ ee ~ ~1 .................... - r--°-------------- .J ~ Q G 7!7 Q~ ..~~. • A //~ /1/7~Y I• J ~' / / / / vvil /VVY \ ~ ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~~ Q i 3~- ~f O O tV ~~ rL w 0 w w w Apri17, 2006 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 To Whom It May Concern: I would like to request an extension for final plat approval of Kennerick Third Addition. The City of Eagan and Dakota County have approved the plat changes, but my mortgage company must sign off on the mylars before they can be recorded at the County. I am currently seeking a partial release from CitiMortgage regarding the lot lines affecting Lot One, Block Two and Outlot C. CitiMortgage is the third company to own my mortgage since August, 2005. The new appraisals requested by CitiMortgage have been completed and they have told me that the process takes six to eight weeks. I will stay in touch with them as well as the planning department for the City of Eagan until this process is completed. Sincerely, ;; Gail McMahon 1429 Lone Oak Road Eagan, MN 55121-1113 651-454-5604 RECEIVED APR 0 7 2006 .~- Agenda Information Memo Consent Agenda April 18, 2006 Eagan City Council Meeting H. SCHEDULE PUBLIC HEARING TO CONSIDER CREATION OF SOUTHEAST EAGAN RENEWAL AND RENOVATION DISTRICT ACTION TO BE CONSIDERED: To receive a request from the Eagan Economic Development Authority and schedule Public Hearing on June 6, 2006 to conssder the potential establishment of the redevelopment plan for Southeast Eagan Redevelopment Pmject Area No. 1 and the Establishment of Southeast Eagan Tax Increment Financing (Renewal and Renovation) District No. 1 in the area of southeast Eagan bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. FACTS: - The City entered into a predevelopment agreement with Revestors and Manley Development to study the possibility of creating a redevelopment district in the southeast area of Eagan at the southeast corner of Hwy 3 and Red Pine Lane. The purpose of the agreement was to encourage the developers to identify a masterplan approach to the property and to review the substandard conditions and financial assumptions associated with the potential creation of a redevelopment district to encourage the development of the property and the redevelopment of parcels that aze non-conforming with the current guide and zoning designations for the area. - The parties have worked together to prepare the necessary plans and analysis and it has been determined through a Substandard Conditions Study by LHB Associates that the area could qualify as a Renewal and Renovation District under the TIF statute, if the EDA and City Council make appropriate findings to that effect. - Revestors has submitted a request for the City to consider creation of a Renovation and Renewal TIF District and to consider the use of proceeds for such a district to assist with extraordinary costs associated with the prospective development and redevelopment. In order to consider such an action, the City Council will need to schedule and hold a public hearing for that purpose. - At its meeting of Apri14, 2006, the EDA received the Revestors request and substandazd condition report and requested that the City Council schedule a public hearing for that P~~• ATTACHMENTS: - Resolution on page 3~ - Location map on page ~- ~~ CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE ESTABLISHMENT OF SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1 AND THE ESTABLISHMENT OF SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1(A RENEWAL AND RENOVATION DISTRICT). BE IT RESOLVED by the City Council (the "Council") for the City of Eagan, Minnesota (the "City"), as follows: Section 1. Public HeazinQ. This Council shall meet on June 6, 2006, at approximately 6:30 P.M., to hold a public hearing on the proposed adoption of a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1 and the proposed adoption of a Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1, (a renewal and renovation district), therefore, (the Redevelopment Plan and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staffis authorized and directed to work with Ehlers & Associates, Inc., to prepare the Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1 and the Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. l and to forward documents to the appropriate taxing jurisdictions including Dakota County and Independent School District No. 196. The City Administrator is authorized and directed to cause notice of the heazing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 6, 2006 and to place a copy of the Plans on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: April 18, 2006 Adopted: Mayor ATTEST: City Administrator 37 PART 1-EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of Eagan to inspect and evaluate .the properties within a Tax Increment Financing Renewal and Renovation District ("T]F District's proposed to be established by the City. The proposed T1F District is located in the City of Eagan, in a general area bounded by State Highway 3 (South Robert Trail}, Red Pine Lane, Biscayne Avenue and Gun Club Road (Diagram 1). The purpose of LHB's work was to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether three buildings on seven parcels, located within the proposed TIF District, meet the qualifications required for a Renewal and Renovation District. . Diagram 1- Proposed 'TiF District SCOPE OF WORK The proposed district consists of seven ('n parcels with three (3) industrial structures. All of the buildings in the proposed district received an on-site interior and exterior inspection. The buildings were inspected in October 2005. Building code and Condition Deficiency reports for each building inspected by LHB are located in Appendix B. Page 3 ~~ Agenda Information Memo October 18, 2005 Eagan City Council I. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - DIFFLEY VENTURES, LLC ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolution of Denial of the amendment to the Preliminary Planned Development for Diffley Marketplace to allow driveway access for the development to Daniel Drive. FACTS: At its regular meeting on Apri14, 2006, the City Council directed preparation of Findings of Fact, Conclusions & Resolution of Denial regarding the amendment to the Preliminary Planned Development for Diffley Marketplace to be considered at the April 18, 2006 City Council meeting. ATTACHMENTS (1): I r Findings of Fact, Conclusions and Resolution of Denial, pages 4~ through `''I X39 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Request for Amendment to the FINDINGS OF FACT, Preliminary Planned Development of Diffley CONCLUSIONS AND Marketplace RESOLUTION This matter came before the Eagan City Council at its meeting of April 4, 2006. The Council received and considered the Planning Reports, input from City staff, together with all existing files, records and prior proceedings and material as presented to the City Council. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Diffley Ventures, LLC ("Applicant") is the owner of Outlot A, Lexington Pointe 7`h Addition and Outlot A, Lexington Pointe 13`h Addition ("Property"). 2. Outlot A Lexington Pointe 7`h Addition is approximately 0.15 acres and abuts Daniel Drive. 3. Outlot A Lexington Pointe 13`" Addition is approximately 10.79 acres and abuts Diffley Road and Patrick Road and is generally located in the southeast corner of the intersection of Lexington Avenue and Diffley Road. 4. The Property is designated R-C, Retail Commercial in the Eagan Comprehensive Guide Land Use Plan. 5. At the time of the application, the use of the Property had been governed by the Lexington South Planned Development, as amended by the Eagan Center Planned Development. Na the proposed development including the use of areas on the site, size, location and proposed businesses; public and private streets, entrance and exit drives and walkway locations; a staging and phasing plan; and a preliminary plat. ECC Section 11.60, subd. 18(C)(12)(a through i). 14: In considering the approval of a planned development, the Council shall take into account the "patterns of circulation;" "the extent to which the proposed uses will be compatible with present and planned uses in the surrounding area;" and the "burden or impact created by the planned development on parks, schools, streets and other public facilities and utilities". ECC Section 11.60, subd. 18(C)(14)(b, c and f). 15. The advisory planning commission may recommend and the Council may act to approve, approve with conditions, or deny a preliminary or final plan for a planned development. ECC Section 11.60, Subd. 18(C)(14). 16. The Diffley Marketplace Application for Preliminary Planned Development came before the City of Eagan at a public hearing at the Advisory Planning Commission on August 23, 2005 with a request for approval of a preliminary planned development. The Planning Commission did not recommend approval of the preliminary planned development. 17. The Eagan City Council took up the Developer's application on October 6, 2005. 18. Dozens of people, in a-mails and personal appearances at both the Advisory Planning Commission and at the City Council, raised concerns about the proposed Diffley Marketplace Preliminary Planned Development. The people's. concerns were increased traffic, children's safety, county acceptance of full signalization proposal, store hours, architectural congruity with neighboring building, scale of store, future improvements to Lexington and Diffley Roads, outdoor trash and storage, number of and noise generated by trucks, emergency vehicle access to Daniel Drive, allowance of a service road, applicability of past zoning to today's needs, number of full access points, impact of a signalized intersection, the traffic ~{I capacity of Diffley Road, property valuation after site is developed, height and brightness of lights in parking lot, height and length of berm on property line, resident recourse if County denies access proposal, precedence set for nearby undeveloped sites, size of parking spaces and their impact on development size, Developer payment of traffic signal, content of retail stores, impact of a destination grocery store as opposed to a neighborhood grocery store, elevation impact during grading and the number of conditions of approval. Eagan City Council Minutes, 10.6.05. 19. At its October 6, 2005 meeting, the Eagan City Council approved the preliminary planned development for Diffley Marketplace with over 30 conditions. Specifically, Condition No. 28 provided that the "driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota County for review." 20. The approval for Diffley Marketplace specifically maintained the development's existing accesses to Diffley Road and Patrick Road. 21. As a condition to approval of a preliminary development plan, the City shall require the owner and developer of a proposed development to execute an agreement which may include, but not be limited to, all information required in the preliminary development plan, as provided herein. ECC Section 11.60, Subd. 19(C)(5). The Preliminary Planned Development Agreement was prepared by the City and sent to the Developer. 22. "The City has approved the Diffley Marketplace project upon the condition that the main access point to the development be the signalized intersection and that the development's curb cut to Daniel Drive be closed". The Developer acknowledged the City's actions and approval of its preliminary planned development as set forth in the Developer's e- mail to the City of January 20, 2006 (E-mail attached). 4 'T~ 23. "Upon approval of a preliminary development plan, a planned development may not be altered, revised or withdrawn without the approval of the City Council." ECC Section 11.60, Subd. 18(C)(9). 24. On March 10, 2006, the Developer submitted an extensive 23-page proposal to the City requesting an amendment to the preliminary planned development of Diffley Marketplace, to remove Condition No. 28 and to allow for an access from Daniel Drive for ingress only to the Project. 25. On April 4, 2006, at the regular Eagan City Council meeting, the .Council considered the Developer's request to amend the preliminary planned development of Diffley Marketplace to remove Condition No. 28 and permit access to Daniel Drive, together with the request for approval of a final planned development for a portion of the Project and the approval of the plat of Diffley Marketplace Addition. 26. The Council heard information and reviewed and had access to all files, records and prior proceedings, together with all input at council and planning commission meetings at its Apri14, 2006 meeting. 27. The Council approved a final planned development for a portion of the Project consistent with the preliminary planned development approval of October 6, 2005 with no access to Daniel Drive. The Council also approved the final plat of Diffley Marketplace Addition. 28. The Council directed preparation of findings for denial of the amendment to remove Condition No. 28 to the Diffley Marketplace preliminary planned development. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. The preliminary planned development of Diffley Marketplace was approved with conditions by the Eagan City Council on October 6, 2005. 3. Planned development and those who seek to come under it are covered by the Eagan City Code. The City Council, through public hearings, files, planning reports, records and applications balances the interests among land owners, residents, users and vendors. 4. The approved preliminary planned development maintained access from the Project to Diffley Road and Patrick Road. Approval of the preliminary planned development continued these accesses which adequately and safely serve the Project. 5. The Developer has acknowledged approval of the preliminary planned development subject to the conditions. 6. The Council approved the final planned development for a portion of the Project consistent with the preliminary planned development approved on October 6, 2005. 7. The City has jurisdiction over city streets and access thereto. 8. The Developer has not requested other amendments or variances from the City's approved preliminary planned development of Diffley Marketplace. 9. The Developer has not carried its burden of persuasion to convince the City Council to change or to amend its preliminary planned development approval of Diffley Marketplace. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for amendment of the preliminary planned development of Diffley Marketplace is hereby denied. ~~ Dated at Eagan, Minnesota this 18th day of April, 2006. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Mira Pepper Its: Deputy City Clerk ~{5 Agenda Information Memo April 18, 2006 J.. PROJECT 778. TH 149 -STREET UPGRADE ACTION TO BE CONSIDERED: Schedule an environmental assessment public hearing for Project 778 (Trunk Highway 149 -Street Upgrade) to be held on June 6, 2006. FACTS: • Project 778 provides for the upgrade of a 2.7 mile segment of State Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail south of Rich Valley Blvd. (Co. Rd. 71). The proposed project includes upgrading TH 149 to a 4-lane divided roadway, with an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of TH 149 and Wescott Road, and dedicated turn lanes at street intersections. A trail would also be constructed adjacent to TH 149, interconnecting the existing neighborhoods and businesses with the existing regional trail system. • On April 5, 2005, the City Council approved Project 778 after the close of the public hearing. The final plans and specifications are nearing completion with MnDOT's anticipated approval. The acquisition of right-of--way and easements from 42 properties is proceeding in anticipation of construction beginning in the fall of 2006 for private utility relocations and 2007 for the highway upgrade. • As TH 149 is under MnDOT jurisdiction, the construction related activities must meet state environmental approval requirements. Similarly, the $5.5 million of federal funding requires that all construction related activities must meet federal environmental approval requirements, as well. • Environmental Assessment and Environmental Assessment Worksheet documents are required to obtain the state and federal environmental approvals. For this project, a combined document has been prepared as recommended by MnDOT. • As part of the Environmental Assessment process a public hearing is required along with a 30-day public review period. • Based upon the analytical results and field observations from the Environmental Assessment, there does not appear to be any concerns related to encountering subsurface contamination during the reconstruction process. The consultant anticipates MnDOT's formal approval • The required environmental documents have been reviewed by the Engineering Division and found to be in order for favorable Council action for the scheduling of a public hearing on June 6, 2006. Agenda Information Memo Apri118, 2006, Eagan City Council Meeting K. PROJECT 934, CLIFF ROADBLACKHAWK ROAD/GALAXIE AVENUE INTERSECTION IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of detailed final plans and specifications for a contract that may be let within 2 years after said approval and the acquisition of right-of--way and easements through quick-take Eminent Domain, if necessary. FACTS: • The reconfiguration of the intersection of Cliff Road (County State Aid Highway 32) and Blackhawk Road/Galaxie Avenue with associated traffic signal improvements has been programmed for 2006 in the City's and Dakota County's 5-Year Capital Improvement Programs. In March, 2006, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 7, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the proposed improvements to this intersection. • The intersection includes alert-turn lane and a shared through/right-turn lane for Blackhawk Road and Galaxie Avenue. The traffic signal has permissive left turns (No arrows) for Blackhawk Road/Galaxie Avenue. The intersection operates at an overall acceptable level of service during peak hour conditions. However, Galaxie Avenue experiences heavy delays during the morning peak hour. In addition, both Blackhawk Road and Galaxie Avenue operate poorly during the evening peak. The poor operations are due to the high number of left-turns from Blackhawk Road/Galaxie Avenue on to Cliff Road. • A review of the crash data for 2005 indicates 12 reported crashes at the intersection. This intersection crash rate is 0.90 crashes per million vehicle miles and has a severity rate of 2.75 crashes per million vehicle miles. The MnDOT average crash and severity rate for similar high volume/high speed intersections in the Metro area is 0.80 and 1.60, respectively. • Since the proposed intersection reconfiguration serves to benefit the community as a whole, primarily as an operational and safety related improvement, there are not any assessments proposed. Accordingly, the standard feasibility report required for specially assessed public improvements is not required. • An agreement between the City of Eagan and the Dakota County Transportation Department is being prepared providing for the cost, maintenance, and operation of the proposed improvements. The City's financial share of these improvements is estimated to be about $164,000. The County will be sharing 50% of the construction, engineering, and inspection costs for the signal modifications and median and pedestrian ramp improvements. The Estimated Total Construction Cost is $193,154. ATTACHMENTS: • Location Map, page. '~7 Q a 0 N' N~~ EY ROAD Mxun,v. ~aa~ sam } W W W W d W ~~ U CLIFF ROAD ~- Y Q S U m J o: o x 3~ \ ~ ~~ ~CQ' 0 ~~~~ ~~ COVINGTON W Q' ~ Y Q U ~ _ (WJ k ~. ~ C9 APPLE 1 VALLEY G:Feosibilit Reports2006\Proj.731\Location Map ~~ 04/72/06 Cliff Road / Blackhawk Road / Galaxie Road '~"" ~lt~ 01 ~~~~Il intersection if~'iproven~ent5 Fig. Engineering Department Location Map - Project 934 ~~; ~ L 1. -1 1 r~ 1 ~ 3~~ ~N~ c a c „a a C 'c F DIFFLEY ROAD ~ w~ o c~ w T z o z ~ - _• f ~ Project Location Agenda Information Memo Apri118, 2006 Eagan City Council Meeting L. SETTLEMENT AGREEMENT (NOLAN& NOLAN VS. EAGAN & MnDOT) ACTION TO BE CONSIDERED: Approve a settlement agreement with Nolan & Nolan vs. the City of Eagan and MnDOT, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On July 2, 2002, the plaintiff commenced litigation against the City of Eagan and the Minnesota Department of Transportation for damages sustained to the EZ Mini Storage facility located at TH 13 & TH 77 (Cedar Ave) as a result of the July 2000 Super Storm event. Although the Minnesota Court of Appeals ultimately dismissed major elements of this lawsuit on Dec. 30, 2003, it remanded back to the lower court certain other aspects of the claim for further judication. On June 22, 2005, the District Court ruled on all but one remaining aspect of the claim against the City, which has been pursued by the plaintiff. • This settlement agreement is a result of amicably resolving this remaining issue. It has been reviewed by the Public Works Department, the City's insurance carrier representatives and the City Attorney's office and has been found to be in order for favorable Council consideration. • The conditions of the settlement have been discussed previously with the Council in closed session and the agreement has been framed to meet the consensus of and direction provided by the Council. ISSUES: • If the Council wishes to discuss details or any aspect of this settlement agreement, this item should be continued to a closed session due to the current active status of this litigation. ATTACHMENTS: • Settlement Agreement, forwarded under separate cover. 49 Agenda Information Memo Apri118, 2006 M. CONTRACT 06-02, CITYWIDE STREET & SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 06-02 (Citywide -Street & Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-02 provides for the bituminous overlay of the streets in the 5addlehorn/ Sunset/ Town Centre Drive/ Golfview Drive neighborhoods, the sidewalk and traffic calming improvements of Denmark Avenue, Wescott Road to Duckwood Drive, and the bituminous overlay of Alexander Road and upgrade of Meadowview Road. • On March 30, 2006, the City received a bid proposal from McNamara Contracting, Inc. for all the work within Contract 06-02, including a bid for concrete entrance apron work on Meadowview Road and Alexander Road, as approved by the City Council for Project 928. • On April 4, 2006, the City Council awarded Contract 06-02, minus the concrete entrance apron work ($104,851.38) on Meadowview Road and Alexander Road, to McNamara Inc. This portion of work was not awarded because the unit prices received were approximately 60% more than the estimated unit prices identified in the feasibility report for the project public hearing, and with other contractor bids received. In accordance with the City's Special Assessment Policy, 100% of the costs of these new concrete entrance aprons are assessable. • City staff has negotiated a change order with McNamara Contracting to reduce the contract unit prices for the concrete entrance apron work to costs consistent with the amounts estimated in the feasibility report and other contractor bids received. • This change order provides for Concrete Entrance Aprons on Meadowview Road and Alexander Road, in accordance with the feasibility report for City Project 928 (ADD $65,829). • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $65,829 (5.6% of original contract). 100% of the costs would be financed through special assessments to the benefiting properties in accordance with the City's Special Assessment Policy and in accordance with the feasibility report for Project 928. ~~ Agenda Memo Apri118, 2006 City Council Meeting N. ACCEPT A DONATION FROM CITY & COUNTY CREDIT UNION FOR THE EAGAN LIVE JIVE SUMMER ENTERTAINMENT SERIES. ACTION TO BE CONSIDERED: Accept a donation of $2000 from City & County Credit Union for the Eagan Live Jive summer entertainment series. FACTS: • The evening in the park entertainment series (Live Jive) has been offered by Eagan Parks and Recreation for a number of years. • The summer long series of entertainers perform at the Eagan Rotary Band Shell • Donation dollars were budgeted for 2006 to allow this free community program to be hosted by a variety of interested local business. • The long standing partnership between businesses and the Live Jive entertainment series has provided a tangible way for interested partners to participate in their community. • City & County Credit Union is the generous sponsor for the 2006 entertainment series and will be acknowledged at evening events in addition to the City's publicity to the community. ATTACHMENTS: • None. 5l Agenda Memo Apri118, 2006 City Council Meeting O. AUTHORIZE THE ADVERTISEMENT FOR BID FOR IMPROVEMENT PROJECTS TO THE CIVIC ARENA AS DEFINED BY THE UTILITY AUDIT. ACTION TO BE CONSIDERED: Authorize the advertisement for bid for three improvement projects identified for the Civic Arena by the independent utility audit completed for the building. FACTS: • In 2005 an energy audit was completed by Harris Services in conjunction with Dakota Electric and Aquila Natural Gas Services to review the efficiency of equipment at the Civic Arena. • The audit was designed to identify ways in which the City of Eagan can make improvements to the building, change operations or procedures to improve the energy efficiency and to save dollars. All three projects represented by Harris Services indicate apay-back on investment of 3 years or less. • Three specific areas were identified for potential improvement: o Boiler upgrade, o De-super heater (designed to use the heat produced by the compresses to heat the subfloor below the ice sheet), and o Replace lighting in East and West arena • These proposals were reviewed by the Operations Committee who supported bringing them forward for the Council to consider. • In order to provide the most accurate cost for these projects, it would be appropriate to solicit bids to verify the estimates projected by Harris Services. • Once the bids are received and reviewed, each potential improvement will be brought back to the Council for consideration. ATTACHMENTS: • None. 52 Agenda Memo Apri118, 2006 City Council Meeting P. AUTHORIZE THE ADVERTISEMENT FOR BID FOR THE CONSTRUCTION OF CAPTAIN'S COURSE, ANINE-HOLE MINIATURE GOLF COURSE WITHIN CASCADE BAY. ACTION TO BE CONSIDERED: Authorize the advertisement for bid for the construction of Captain's Course, anine-hole miniature golf course within Cascade Bay. FACTS: • The City Council first reviewed the conceptual idea and design fora 9-hole miniature golf course within Cascade Bay on January 17, 2006. • Based on the initial construction cost estimate and projected revenue the Council directed staff to pursue the proposal with the expectation that this amenity could be incorporated in time for the 2006 Cascade Bay season. • The initial design documents have been completed for this project and are now ready to be bid. • It is expected that the bid results will be reviewed and be brought back to the Council at their May 16 meeting for recommendation. Construction is expected to begin shortly thereafter based on the successful bidder's schedule. • Captain's Course is expected to be operational this summer. ATTACHMENTS: • Copy of design to be bid. Agenda Information Memo April 18, 2006 Eagan City Council Meeting Q. BCBSM ACTIVE COMMUNITY GRANT ACTION TO BE CONSIDERED: To approve the City's participation in a Joint Application for a Blue CrossBlue Shield of Minnesota Active Community Assessment and Engagement Grant opportunity. FACTS: - BCBSM is offering Active Living grant dollars for communities interested in Planning or Assessment of active living opportunities. Active Living denotes a way of life that integrates physical activity in daily routines. - Dakota County is proposing a joint application with a number of cities to pursue Assessment and Engagement grant money. The purpose of this grant is to develop a cohesive vision for active living in their community. - Applicants are required to recruit at least one elected official and other community stakeholders must also demonstrate an interest in the visioning process. Councilmember Maguire has indicated a willingness to participate. ATTACHMENTS: (1) BCBSM Grant explanation on pages ~ and ~. 5~ Physical Activity Promotion Prevention Minnesota Blue Cross and Blue Shield Active Community, Planning-.RFP #499 and Active Cemm~ni~ Assess~e~f and Engagement;- RFF #498 "Active Living" denotes a way of life that integrates physical activity in daily routines. This is possible in environments that support residents' choices to engage in regular physical activity in their day-to-day lives, not just for recreational purposes. Communities can influence the choices residents make concerning physical activity in several ways, including land use policies, transportation systems, and availability of walking paths/greenways. A positive impact on rates of physical activity can be made through careful planning of infrastructure and policy. Purpose Intended Recipients Planning - #499 To support municipalities and/or counties in preparing/revising their comprehensive development plans and identifying relevant ordinance subsections for modifications in keeping with the new plans. Applicants will be selected to conduct planning that focuses on developing environments that support physically active lifestyles (accommodating non- motorized transportation modes such as walking and bicycling). Selected applicants will have demonstrated their locally driven commitment to developing community designs with the health of their residents in mind. These selected applicants will either conduct comprehensive planning or focus on a single subset of a comprehensive plan. This RFP is appropriate for communities that can demonstrate (1) a high degree of commitment to and local interest in pursuing planning that integrates active living principles and (2) an understanding of strategies for success in implementing planning and zoning efforts that accommodate more active lifestyles. These communities will already have a coherent vision of a~i_v_el_i ng and a,strong.network of su o _ers, but not necessarily the knowledge about incorporating active living principles into planning. Assessment ~ Engagement - #498 For municipalities and/or counties to demonstrate readiness and commitment to facilitate a community assessment and engagement process, the purpose of which is to develop a clearly defined vision of active living for their community. An assessment and engagement process provides the opportunity to explore active living principles as a precursor to integrating them into a community's formal comprehensive plan development. Applicants will have recruited at least one elected,,official who will serve as a key participant and vocal champion throughout the process. Other key community stakeholders must also demonstrate interest in the process. This RFP is appropriate for communities that may_have- a core group of influential individuals (including at least one elected official taking a leadership role), but who need to expand and form a cohesive vision for active- living for the community. This opportunity will allow communities selected for funding to explore active living principles as a precursor to integration into a comprehensive plan. (OVER) ~5 Planning - #499 Expected Outcome Expected Actions Selected applicants are expected to have a comprehensive plan, or component thereof, that contains clear and strong principles that guide several elements (i.e., zoning changes, land use policies, infrastructure investments) specifically designed to encourage active lifestyles. They will also have identified the relevant subsections of local ordinances to revise, in keeping with the new comprehensive plans. These plans will be submitted to the Twin Cities Metropolitan Council in 2008. Selected applicants will (a) attend trainings and presentations, (b) review existing community plans, (c) examine community needs and opportunities, (d) conduct a health impact assessment, (e) produce a draft comprehensive plan and (f) develop a strategy for ordinance revision. Assessment & Engagement - #498 The explicit goal is to build along-term capacity to maintain community engagement and commitment to active living. This process should produce a statement ofprinciples that will_serve as a guide for~later comprehensive planning done by communities. With guidance from a Technical Assistance Provider, selected applicants will (a) assemble planning groups at the outset, which will develop common goals, processes and language to shape the process, (b) conduct a community assessment, which could include interviews, group meetings, and surveys to gain input of key influencers and citizens (c) create a strategic plan to organize the activities that will comprise a community engagement process. These plans will include a strategy for developing local leadership and decision-making, with the long-term intent of building a coalition mobilized to advocate for development and transportation policies that support active living. Finally, selected applicants will (d) conduct awareness and education activities to inspire the broader community and/or key stakeholders to embrace the vision and mission of active living policy and ri 5~P Agenda Information Memo April 18, 2006 Eagan City Council Meeting R. ACCEPT RESIGNATION OF VALERIE DOSLAND FROM THE EAGAN AIRPORT RELATIONS COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Valerie Dosland from the Eagan Airport Relations Commission. FACTS: - Eagan Airport Relations Commission (ARC) member Valerie Dosland regretfully informed staff that she will be resigning from the ARC due to a new job that requires a significant time commitment. - Due to the many evening meetings her new job requires, she has been unable to attend most of the Commission meetings this year. - Therefore, in order to allow someone else the opportunity to serve, she has submitted her notice of resignation. - She wished the Commission well and was sorry that she could not complete the final year of her term. - A one-year term will be added to the list of ARC vacancies to be filled at the May 2, 2006 City Council meeting, in accordance with the City's policy of filling Commission vacancies following a resignation. ATTACHMENTS: - Commissioner Dosland has informed staff that she would like to prepare a formal letter of resignation to the Council this weekend, which will be included in the Additional Information Packet on Monday, April 17. 57 Agenda Memo April 18, 2006 City Council Meeting S. AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN AN AMENDMENT TO T-MOBILE LEASE Q-430 SHIFTING THE AREA OF THE LEA5E SO AS TO AVOID A GAS LINE. ACTION TO BE CONSIDERED: Authorize the Mayor and City Clerk to sign an amendment to T-Mobile Lease Q-430 shifting the area of the lease so as to avoid a gas line. FACTS: • The lease area, located adjacent to an existing tower on the Highline Trail, will be used for cellular equipment. • The City Council and APrC previously approved the original lease. • An amendment that allows the area of the lease to be shifted approximately 30' is needed so as to avoid an existing underground gas main. • There will be no significant impact to the park land or trail. • The amendment document was prepared by the City Attorney in consultation with T- Mobile. ATTACHMENTS: ~ None. 58 Agenda Information Memo April 18, 2006 T. MNDOT RIGHT-OF-WAY - TURNBACKS ACTION TO BE CONSIDERED: Authorize the acceptance of various "turn backs" of Minnesota Department of Transportation (MnDOT) right-of--way to the City of Eagan and the expenditure for the associated processing. FACTS: • "Turn backs" are jurisdictional transfers of a public roadway or right-of--way from one agency to another, typically from a more regional agency to a more local agency. Typically jurisdictional transfers are from state to county or county to city. • A fairly recent example of a turn back is the transfer of Baffin Trail (County Road 63) to the cities of Eagan~and Inver Grove Heights that occurred in 2005. • Benefits of turn backs to the City of Eagan often include an increase to eligible State Aid mileage designation and additional property available to development. Costs of turn backs may include the maintenance responsibilities. • The City of Eagan and MnDOT have discussed the opportunity for the transfer of the following right-of--way sections from MnDOT to Eagan (benefits/costs): o O'Neil Drive -Highway 149 to Inver Grove Heights border (State Aid eligible/ City of Eagan already maintains) o Hope Road -Frontage road, north side of Highway 55 at Louis Lane (State Aid eligible/City of Eagan already maintains) o Grand Oak Circle West & Grand Oak Circle East - Cul de sacs at the Highway 55/Highway 149 north intersection (State Aid eligible/City of Eagan already maintains) o Blue Gentian Road/Blue Gentian Circle at Highway 55 (Additional property available to development/Not applicable) • Portions of the aforementioned street segments exist within both MnDOT and City of Eagan right-of--way. The proposed transfers would clean up the ownership of each segment, providing full eligibility for State Aid mileage designation by the City or use as developable property with the McGough development proposal (Blue Gentian Circle). • The City of Eagan would be responsible for the preparation of the legal descriptions for the turn backs. The estimated cost for this work is $12,800. The Major Street Fund would be responsible for all of this cost, except for the portion related to the McGough development proposal which would be funded by the Hwy SSBIue Gentian TIF (2-4). Agenda Information Memo Apri118, 2006 ~. DECLARE BICYCLES, UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Burnsville city auction on May 6, 2006. FACTS: - Throughout the year, the City acquires a variety of unclaimed, stolen properly and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. - Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ATTACHMENTS (1): - 2006 auction item list on pages ~ through ~. 2006 City of Eagan Auction Item Number Item Description Department 1 Black Shoulder Bag PD 2 Black Storage Box PD 3 Cellular Bag Phone PD 4 Back Pack PD 5 RCA Television PD 6 Misc Ceiling lights PD 7 Audiovox Stereo with Speakers PD 8 Samsung VCR PD 9 Philips Television PD 10 Mens 15 Diamond Cluster Ring PD 11 Mens Diamond Cluster Ring PD 12 Magellan Roadmate GPS Unit PD 13 Magellan Roadmate GPS Unit PD 14 Magellan Roadmate GPS Unit PD 15 Verizon Blackberry Communication Device PD 16 090 - 2 Way Text Messenger PD 17 Drive 2 H320 MP3 Player PD 18 Cannon Copy/Fax/Scanner/Printer PD 19 32 Photo Mats for Picture Frame PD 20 Black Mens Columbia Coat PD Wednesday, April 12, 2006 Page 1 oj5 gl Item Number Item Description Department 21 Sprint Palm One PD 22 Verizon Palm One PD 23 E Machines Computer, 2 Speakers, Subwoofer, Key PD Board, Mouse and Misc. Cords and Vision Monitor 24 Music Studio Kit PD 25 Back Pack PD 26 Dark Brown Leather Jacket Size XXL PD 27 Verizon Kyocera Cellphone PD 28 Verizon Samsung Pocket PC PD 29 Delphi Satelite Radio PD 30 Camera Bag with DVD Player PD 31 Backpack PD 32 Fosgate Amp PD 33 Sony FM/AM CD Player PD 34 JVC CD Receiver PD 35 JVC CD Receiver PD 36 Pioneer CD Receiver PD 37 Sony FM/AM CD Player PD 38 Signal Reach CellularAmp PD 39 3 - 10" MTX Subs (Speakers) PD 40 Diamond Ring PD 41 Sony 27" Trinatron N PD 42 1 Oar Ring and Backer PD Wednesday, April 12, 2006 Page 2 of 5 82 Item Number Item Description Department 43 1 Schwinn Electric Scooter with Charger PD 44 Nike Shoes Size 9 PD 45 Nike Shoes Size12 PD 46 Grey Duffle Bag PD 47 Ethernet Cable PD 48 Gameboy Advance PD 49 Tampa Bay Buc's Jacket PD 50 CD Player PD 51 Audiovox CD Player Pb 52 Fila Shoes Size 10 PD 53 Fila Shoes Size 10 1/2 PD 54 Men's Watch PD 55 Brown Wallet PD 56 Belt Size 38 PD 57 Black Gym Bag PD 58 Violin PD 59 CD RW PD 60 Pioneer CD Player PD 61 Yellow Jump Starter PD 62 Calculator PD 63 Calculator PD 64 Electronic Dictionary PD Wednesday, Apri[ I Z, 2006 Page 3 of S 83 Item Number Item Description Department 65 Electronic Dictionary PD 66 Gold Color Necklace PD 67 Nike Shoes PD 68 Calendar Book PD 69 Women's Black Shoes Size 7 PD 70 Snowman Kit PD 71 New York 2 Piece Womens Suit PD 72 Golf Club Set with Bag PD 73 IBM Thinkpad Lap Top Computer PD 74 18 Vinyl Covered Wall Pads CC 75 Philco Television 27" PM 76 5 Office Chairs PM 77 Lap Top Desk PM 78 4' Shelf Unit with 2 Shelves PM 79 2 Drawer File Cabinet PM 80 2 Office Desks PM 81 3M Electronic Typewriter 450 CS 82 Nordic Track PD 83 16' Aluminum Canoe PM 84 8" Aluminum Pickup Truck Topper PM 85 50 Bicycles PD 86 RCA Color-Trak TV Fire Wednesday, Apri[ 12, 2006 Page 4 oj5 S~f Item Number Item Description 87 Regency Radio MX 3000 88 Ricoh Fax 20 82971200266 89 Panasonic VCR 90 2 -Motorola Gang Battery Chargers for Portable Radios Model NTN 4668A 91 2 -Wood Portable Tables 92 Panasonic Transcriber (Standard Cassette) Wednesday, Apri112, 2006 Department Fire Fire Fire Fire Fire Admin Page S of S 85 Agenda Information Memo April 18, 2006 V. PROCLAIM Mav 20, 2006 as Arbor Day and the Month of Mav as Arbor Month in the City of Eagan Proclamation and information regarding Arbor Day as May 20, 2006 and the month of May as Arbor Month will follow on Monday. Agenda Information Memo April 18, 2006 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - WOODGATE TOWNHOMES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) 20-foot Variances from the required 30-foot front yard setback for Lots 6, 7, 10, 11, and 15, Block 4 and; Lots 2, 3, and 7, Block 5, of Woodgate 3rd Addition for the repair or replacement of exiting decks. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The subject properties are part of an association that is in the process of reconditioning existing decks for both aesthetic and safety reasons. - In 2002, The City Council approved a blanket Variance for all properties within the Woodgate 3`d Addition that allowed a 20-foot setback from all rights-of--way within the development, with the exception of properties abutting Johnny Cake Ridge Road, for the reconstruction of existing decks. - The existing decks associated with this request are scheduled for deck replacement or repair this year and currently do not meet the approved 20-foot setback from Walnut Lane. - Due to the differences in deck size and lot configuration, an additional 10-foot Variance is necessary to accommodate the reconstruction of all the exiting decks that are part of this request. 60 DAY AGENCY ACTION DEADLINE: May 22, 2006 ATTACHMENTS (1): Planning staff report on pages ~ through ~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: April 10, 2006 APPLICANT: Woodgate Townhome Assoc. PROPERTY OWNER: Various REQUEST: Variance CASE: 29-VA-03-03-06 HEARING DATE: April 18, 2006 APPLICATION DATE: March 23, 2006 PREPARED BY: Erik Slettedahl LOCATION: Lots 6, 7, 10, 11, and 15, Block 4 and; Lots 2, 3, and 7 Block 5, Woodgate 3`d Addition COMPREHENSIVE PLAN: MD, Medium Density Residential ZONING: PD Planned Development SUMMARY OF REQUEST The applicant is requesting approval of 20-foot Variances from the required 30-foot front yard setback for Lots 6, 7, 10, 11, and 15, Block 4 and; Lots 2, 3, and 7, Block 5, of Woodgate 3rd Addition for the repair or replacement of exiting decks. 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. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.60 requires a 30-foot structure setback from public rights-of--way for residential developments. City Code requires that decks satisfy structure setback requirements from rights-of--way. The subject properties are located with a Planned Development that did not specifically allow for reduced setbacks. BACKGROUND/HISTORY The subject properties were platted and constructed in the mid 1970's as part of the 140-unit townhome development and have individually owned 4-plex lots with common areas. In 2002, The City Council approved a blanket Variance for all properties within the Woodgate 3ra Addition that allowed a 20-foot setback from all rights-of--way within the development, with the exception of properties abutting Johnny Cake Ridge Road for the reconstruction of existing decks. At that time, it could not be determined what properties may need additional setback Variances to reconstruct decks and therefore, individual properties would be required to apply for an additional Variance from setback requirements if needed. EXISTING CONDITIONS The existing decks associated with this request are not uniform in size or style and currently do not meet the approved 20-foot setback from Walnut Lane. Current surveys of these properties do not exist. The subject properties are part of an association that is in the process of reconditioning existing decks for both aesthetic and safety reasons. EVALUATION OF REQUEST The Woodgate Townhomes Association is requesting setback Variances to replace existing decks for eight properties that are scheduled for deck replacement or repair this year. Although current surveys of these properties are not available, the use of aerial photography and spot measurements performed by the applicants have allowed City staff to determine that the subject properties requesting deck replacements will encroach into the approved 20-foot setback requirement. Due to the differences in deck size and lot configuration staff is suggesting that an additional 10- foot Variance be considered to accommodate the reconstruction of all the exiting decks that are subject of this request. The exception would be properties at Lot 2, Block 5 and Lot 10, Block 4 that currently appear to have decks that may encroach into the 10-foot easement adjacent to the Walnut Lane right-of--way. The exiting decks at this location will may need to be reduced in size to accommodate the Variance, if approved. No decks are proposed to be located any closer to city right-of--way than what currently exists. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has stated that they would like to replace or repair the existing decks for the subject properties as shown in site drawings and elevations that were submitted with the application. SUMMARY/CONCLUSION The Woodgate Townhome Association would like to replace or repair decks attached to eight townhome units on properties that are located along Walnut Lane within the Woodgate 3`d Addition. Approval of a Variance of 10 additional feet will accommodate the various decks sizes and lot configurations. No decks are proposed to be reconstructed closer to the Walnut Lane right-of--way than currently exists. ACTION TO BE CONSIDERED To approve 20-foot Variances from the required 30-foot front yard setback for Lots 6, 7, 10, 11, and 15, Block 4 and; Lots 2, 3, and 7, Block 5, of Woodgate 3rd Addition for the repair or replacement of exiting decks. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be approved for each deck prior to construction. 3. All decks must provide a site plan showing the location of the deck edge and footings, and show that all footings are constructed outside the 10-foot drainage and utility easement along Walnut Lane, at least 25-feet from the curb edge. q0 3 ~ b' ~ , ~ a ~.. . ®o®, ® a a a ~ ,~® ® 4 ~ ~ ~ _ ~ ® / ,.,<' .COY `1 ® ®_ 8 J g ~ ~ ~ p~ 9~ ~ ~ ~ ~ ~ _ ~~~ m ~.' ® •IY cr. ~ e ~, ® s e E e, s P® ~ a q Q 69 Q ® 3 ® q ~ s ~ 9 P ~ ~ ~^ ~ }' 1000 0 1000 2000 Feet Development/Developer. Woodgate Townhomes Application: Variance Case No.: 29-VA-06-03-06 Map Prepared using FRSI ArcView 3.. rcel base map data provided by Dakota County OfFlCe of GIS and is wrrent as of Aixll 2005. N City of Ea~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W 13 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Lommunhy D.v~lopm.nt D~panmant not responsible for ertorS or omissions. 1 inch equals 60 feet N 9z Woodgate Townhomes Variance Request-Deck Replacement ~o WOODGATE 3~ HOMEOWNERS ASSOCIATION 4481 WOODGATE COURT, EAGAN, MINNESOTA 55122 March 24, 2006 Attn: Pamela Dudziak Subject: Woodgate 3`d Homeowners Assoc. Decks on Walnut Lane Ladies and Gentlemen: Enclosed are the following documents: 1. Woodgate 3`d check for $400.00 to cover the application fee and escrow. 2. Zoning Report & labels from Dakota County Abstract & Titte 3. Development Applications from the 9 homeowners involved, all signed and notarized. 4. Certificates of Surveys for a119 homeowners. 5. Drawings for each of the 9 decks we wish to replace or repair. The 9 homeowners and their addresses are: 1. Wesley Walberg, 1777 Walnut Lane 2. Christine Cross, 1781 Walnut Lane 3. Rick Christensen, 1785 Walnut Lane 4. Glenyce August, 1789 Walnut Lane 5: Regina McNearney, 1793 Walnut Lane 6. Kris Ciesielski, 1797 Walnut Lane 7. Sylvia Quade, 1778 Walnut Lane 8. Stacey Ashley, 1786 Walnut Lane 9. James Louis, 1790 Walnut Lane We will appreciate your consideration of our request to replace these decks per the attached drawings. Yours truly, WOODGATE 3~ OMEOWNERS ASSOCIATION ~.. 7anet Stevens, President Encs. COEdecks2006 RE~EIVE® MAR ? ~ 2QQ6 93 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Agenda Information Memo April 18, 2006, Eagan City Council Meeting VI. OLD BUSINESS A. INTERIM USE PERMIT -LESLEY TSCHERNE ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) an IUP to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: The property is a %z-acre lot with asingle-family home on a cul-de-sac that backs up to I-35E. The applicant has periodically taken in special-needs dogs at the subject site, unaware there was any Code violation. The applicant has three dogs of her own and states that she cares for no more than 4 outside dogs at any given time. By definition, a kennel is defined as "any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs ...over six months of age, are kept, kept for sale, or boarded." If approved, an administrative kennel license would be required. - No changes or alterations to the property or home are necessary to accommodate the use. The back yard is fenced to allow outside area for the dogs. The Animal Control Officer has inspected the property and she reports that the dogs are all well- cared for, the animal rooms are spotless, and that there have not been any reported traffic issues from the neighborhood. The Advisory Planning Commission held a public hearing on March 28, 2006 and recommended approval. - The City Council heard this case on March 28, 2006 and directed the applicant to apply for an Interim Use Permit. ISSUES: One commissioner was concerned that this option would not be available to any non-PD zoned residential use and that others may want the same consideration for the number of their pets. 60-DAY AGENCY ACTION DEADLINE: April 17, 2006 ATTACHMENTS (2): Draft APC Minute o March 28, a es~tl~r~gk_ Staff report, pagesthrough q~ March 28, 2006 Advisory Planning Commission Minutes Page 2 New Business A. Lesley Tscherne Applicant Name: Lesley Tscherne Location: 3812 Blackhawk Road; Lot 15, Block 2, Blackhawk Ridge 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow a kennel service in a single family home. File Number: 21-PA-03-02-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated March 8, 2006. He noted the background and history. Lesley Tscherne, 3812 Blackhawk Road, stated the issue is of great importance to her. 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. Chair Heyl stated the owners of the adjacent property have not complained and as long as it is limited to four guest dogs, she will vote in favor of. City Planner Ridley stated that, if approved, the Planned :Development Amendment will require annual licensure. He also explained that only the current zoning of the property allows for the requested kennel via a Planned Developmeht.Amendment. Member Gladhill stated the services provided by Ms: Tscherne are wonderful; however, he stated concern that the Planned Development Amendment would not be an option if the property were zoned standard R=1. He stated concern that others will want the same consideration for the number of pets. Member Bendt stated support for the proposal. Member Bendt moved; Member Chavez seconded a motion to recommend approval of a Planned Development Amendment to allow a kennel on property located at 3812 Blackhawk Ridge Place in the SE corrier of section_16 subject to the following conditions: 1. The Planned Development Amendment Agreement sha(I be recorded against the property at Dakota County. 2. The premises are allowed: no more than four (4) guest dogs at any one time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full-time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. Chair Heyl stated this is a unique situation with a large lot. A vote was taken. Aye: Chair Heyl, and Members Hansen, Dugan, Bendt, and Chavez. Nay: Member Gladhill. Motion carried 5-1. q5 PLANNING REPORT CITY OF EAGAN REPORT DATE: Apri17, 2006 APPLICANT: Lesley Tscherne PROPERTY OWNER: Same REQUEST: Interim Use Permit CASE: 21-IN-O1-04-06 HEARING DATE: April 18, 2006 APPLICATION DATE: Apri16, 2006 PREPARED BY: Nicole Cook LOCATION: 3812 Blackhawk Ridge Place COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to allow a kennel on property located at 3812 Blackhawk Ridge Place for Lot 15, Block 2, Blackhawk Ridge 2°a Addition. The applicant would like to continue providing dog "babysitting" services at her home. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. 9~ Planning Report - Tscherne Kennel ILTP April 18, 2006 Page 2 Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural; scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In alI cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY This property consists of %z acre of land located in a cul-de-sac that backs up to 35E. The applicant has periodically taken in special needs dogs at the subject site over the past year or so, unaware that there was any Code violation. For an average month, Ms. Tscherne will baby sit for 3 dogs for a total of 12 days. 97 Planning Report - Tscherne Kennel IUP April 18, 2006 Page 3 The Council heard this case on March 28, 2006 and directed the applicant to apply for an Interim Use Permit. EXISTING CONDITIONS The single family home built in 1993 is located about 50 feet from the cul-de-sac near the southwest corner of the lot. A fence extends from the north-east corner of the garage, around the entire backyard, and reconnects with the southeast corner of the house. The applicant has 3 dogs in her home. The City of Eagan Animal Control Officer has visited the site and she reports that the dogs are all well-cared for, and the animal rooms are spotless and that there have not been any reported traffic issues from the neighborhood. ~ ~~' ~~ ~~ i ~ ' ~a i' 'Y~ ~. L - }~ "~ : e ~ s r{ ss r~"~ ~ '~~`~ ' i i ~ a. Fs ~{{s.~°~ ' ....,, Fapf' .,: '~ ~ _ ~ ~~ry.; ~ f x~~ V ' e ~~. iKw ~ t, ti ~ `fir' sx 1. II , . ~' ~ v sw., 1 ^jt1, -I Q~ tl Y • J"' + Yom,,... 4,~~ . ~} r ,y ~, ..•.r r : ~~~~ ~ ~, ~ n F ~~ ~ r ""~-~ y r ~, 1 r L'~'~~ w T -S 1F ~ W-~ ` HYj _.'y~ ti "a ~ _ n h ~- ~'~: f, ~ ~ ~~ ~~ ~ ~,~ .. ' m. alt ~~`;_ SURROUNDING USES T ~C. Nit ~~~~ +~~k t ~ ~"t ~-~ ~~ ~tl`L a+ v :. ~_J?f,~ _~ Y nw~~~w.,f'.~4... ;,: ~` ~ 9 ~ k ~,~x ~ f ,r~a''~+ x, } .~ ~ :~ ~ ' `Y f v+ ~ ,~j++ 1 n ''~ Ccr ~ `- i ~' F fire C+~ 4 ~ ~t i ~..~ ~l 4 a .ti ,, k. y + f.+..' fir.,,: Y ~ :- i C s ~~~ ti ~': ,r .i r ~ Y~ !7Y S ti ; r The site is surrounded by single family homes, zoned PD and guided LD, and I-35E. EVALUATION OF REQUEST Code Requirements -The property is zoned PD Planned Development. Section 11.67 states in part, "uses approved and permitted under a planned development shall only include permitted, conditional and accessory uses allowed in residential districts in the city and those business, 98 Planning Report - Tscherne Kennel IUP April 18, 2006 Page 4 industry and institutional uses specifically approved as part of the planned development and in accordance with standards herein provided." Section 6.38 City Code defines a kennel as "any place, building, tract of land, abode or vehicle, , wherein or whereon a total .of four or more dogs, cats, ferrets, or rabbits or combination thereof, over six months of age, are kept, kept for sale, or boarded." Additionally, a license is required to operate or maintain a kennel. The license requirements and other City Code provisions relate specifically to the operations and conditions in which the animals aze kept. If approved, the City Code requires an administrative kennel license (in addition to the Interim Use Permit). Therefore, there will be regular inspections by the Animal Control Officer for the annual kennel permit. Proposal -The applicant states that she cares for no more than 4 outside dogs at any given time. She further states that she would not need to change anything on her property, physically or structurally, if the request is granted. The request is not for afull-time kennel operation but, rather, she cares for dogs only as needed by their owners. The dogs she cares for are primarily geriatric or special needs dogs that require, among other things, medication, special diets, and special attention or those that are emotionally challenged. The applicant's narrative states: "This work is my life, my passion, and my formal training and education. By you allowing me to occasionally baby-sit a few special needs dogs; I feel that I am contributing greatly to the public's need for a safe, healthy, place to leave your dog which hopefully leaves you with a total piece of mind. I am 52 years old and everything I have done in my life prior to now, has led me to this point. I welcome any restrictions, visitations by city officials, and annual renewal." Numerous neighbors have written letters (attached) on behalf of the applicant. Proposed Term -The applicant is proposing a five year term for this Interim use. Site Plan -The applicant's home is not designed, or setup, for a standard kennel operation. Ms. Tscherne had 2 bedrooms in her home reserved for visiting dogs. Each bedroom contains at least one twin-sized mattress that lies on the ground to allow the dogs a comfortable place to relax. Rooms are decorated in an animal motif and include food and water dishes, toys, treats, and even cable television. The back yard is completely fenced in with a large, wooden, privacy fence to allow the dogs room to run and exercise. SUMMARY/CONCLUSION Lesley Tschere is requesting the approval of an Interim Use Permit to allow a kennel on the''/z acre lot located at 3812 Blackhawk Ridge Place. A kennel is required, by City Code, to house 99 Planning Report -Tscherne Kennel IUP April 18, 2006 Page 5 more than four dogs at any one property. Ms. Tscherne has three dogs of her own and she would like to continue providing occasional dog "babysitting" services at her home. As proposed, the applicant would be caring for no more than 4 guest dogs at any one time, most of which are special needs pets that require a high level of care and would not function well in a traditional kennel environment. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow a kennel on property located at 3812 Blackhawk Ridge Place in the SE corner of section 16. If approved the following conditions shall apply: 1. The Interim Use Permit shall be recorded against the property at Dakota County. 2. The premises are allowed no more than four (4) guest dogs at any one time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full-time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. 6. The permit shall terminate on April 18, 2011 7. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The ItJP may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. /~ Location Map y_ e, -tear- _.~ ~ -~-~ •® ®lyl ~ ~~ ~ ~~~ ~ ~ A ® ® ~e l ~ ~ p ~C ©, ~ I---{fpm{ ~ ~ . ~ ~~ ~ I rl s rd -,ua ~ ~ \~/~ tII 1 ~ ~ gg ~ ,y~b~ ~ ~ s ¢, ® I ~ s ~ ~ a ~ ~ ® ~ ~ j ~ _. . ; ~ d~ ~ ~ a _ ~' a - ~. - ~ f 9 b ®9 s 0 + ® ~ O o ,' e .a - _ ~ ~ "" ~ ",, a ~~ ~c~` ~ ~ O ® ~ ~~ I1 Idyl ~+~I' 9 ~ d ® / ®~Q~~ ® oW J` ,~ ~` m i_ a° i n 1000 0 1000 2000 Feet Development/Developer: Lesley Tscherne Application: PD Amendment Case No.: 21-PA-03-02-06 /~ Map Prepared using ERSI ArcView S.t. Parcel base trap data provided N png q ~j by Dakota County Dfflce of GIS and is current as of April 2005. Clty Of 1jQ~(IJl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W Is JJ The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community D~v.lopmsnt D~paRm~nt not responsible for error or omissions. Eagan Boundary /~ _ /Right-of-way L~J Pareel Area Park Area ® Building Footprint ®® ® ® ~4gtO ~® ~ t ® ~ ~® ~ ®_ ~~~.. 6 6 ash ®~ ®~ ~ ie ,~ ~ q ~ 9! ® 8 e. ect Site ®c4 s ~ ~ ® '' d • ®dll~ A •o ,.,, n--,~ ~ ie I u-rw r ~~r®i ~ iaf i i ~~ .___ ;- F - ~... ~r ~ ~ - A _ y -- _. ,. y,~ ,.. , . . ,. :. Sf ~~ ~ ~v ~~ ~~ "~ _ ~ ~ - ~ ' ~ ~ ,~ '' .. ~ Vii,,' ~,. ~ ~- . t, s ~ ,~ ~ ~ -;:~; ~f ~ ~° _ m. - t~ ~~yy*i .~~ ~ ~ _ _ _ - tam ,,~p.~~ ~ ~~ ~ ~ ~~a r ~ 2a5~ a '~` F: r,.,~ ~ ~ ~~`"" ~` z ~q 1 y~' .y ~ L ~ ~' ~ 7 s ~ , cc. ~ ; l Y .~,'. ~~~~~ ~~ .~~~.2'~~ \ F~._ gar ~ _ ~e {-t ~ J f. ~. ~. _ i"E I 4 , ~' is ,5.... S+£~~'~ ~.r°! ~~, •L .. ,~ -. ~ r -~ ~ ' 1 1 ~~ i[ ~ ~ r iF ~ + h '4 1 ~ 4 J ~ ~~~ ~ x ~ _i~C~~ ,t ~ _ ~: .~ ~. ~ ".>> P Current Zoning and Comprehensive Guide Pian Land Use Map Lesley Tscherne PD Amendment 21-PA-03-02-06 Zoning Map ~ L~ ~~ ~ R~~ 0 ~ R m d = o Y A o P W a ~ n ~ W d s t. Current Zoning: Location a PD ~ P PF Planned Development PF P P ~,;` aoo o aoo txoo F..t r\ 1 L_l Comprehensive Guide Plan oy ""W ~ Land Use Map o o = Y D o = ,, 6 F D ~ m 02 i, Location :~ Current Land Use Designation: P LD p P LD Low Density (0-4 units/acre) s 0 m Y h O J 6 ~' ~y n G Z aeo o eoo tuo Fot /~ /~a ] 1/-~I ~ ~tity of Eagan Parcel 6ace msp Information providedby Dakota County Land Swey DepartmeK Deemba 2005. Zoning Information maintained byCity StafL THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagart and Dakota County do not guarantee the accuracy of this iftformation. N W~ E S ~~„~-~ e .o-o -o _;~. ~~~ ~` ~~., 1 "` ,' \ ~ ;, \ ~ rl + n i '~ .yip c~- / ~ \ }.~ :~ ~~ ~'r ;t ~ } 1 ,\.`~~ .~~ i 1 ~ / ^/" ~1 / c:. w~a t - `c, _ ~ ~~~ ~ atc _ ~'~„ ~~ gyp, ~ ~ .,~} ~ of Y~ ~ \ t ,,~J ~.~~ ,~~ ~'r'`~., ~ .. ~~._~.~.~'- _ 's rP } l ,'J r a a •~ 4 2. S i [ k 1 c f ;~ ur t `~1 ~; ~; ~~ ~~ .n~~ ~~~ ~r~ ~~a ~~~ ~ ~ ~.. <.~, ~-_ r ~~'.- written narrative describing propc~sai The intent of this request is to be granted permission by the City Council of Eagan to babysit just 2 families of dogs within my home. They are primarily geriatric, elderly or with special needs, be it physical or mental. I actually have been doing this for a little over a year without realizing this would constitute running a "kennel". A "Good Samaritan" felt the need to inform the City of Eagan of my occasional caring for dogs and that's why I'm here before you now. • There is no time line because nothing at all needs to change from how my home is now. • The existing land use of the subject property is "planned development" or "my home". My house is 3200 sf sitting on almost a'/z acre of land contained within a wooden privacy fence. The majority of my land backs up to 35E. • My home is in a planned development. There are 16 homes within 350 feet of my property .Seven of these homes are actually in an entirely different cul de sac but happen to shoot off the back of my back yard. • The impact of this planned development amendment will not change one thing to the surrounding area. Nothing will change physically or structurally if this request is granted. Everything will be the same as it has been since I moved in in 1997. My property borders 35E on the entire back of my home. I live on a quiet cul de sac with Blackhawk Lake directly behind the houses across the cul de sac. I have included letters from my immediate neighbors stating that this would not be a problem or ever has been. These dogs lounge very comfortably within one of my 2 guest bedrooms. ( letters and photos inclosed) • The impact of this planned development amendment is nil. Not one thing will change the u ct property itself. !t will be as it has been for the last 9 years. • In regards to your question of the impact of this planned development amendment on city services .such as sewer, water, storm water run-off and roads is ZERO. Nothing is affected. • In regards to the question of whether this proposed land use amendment would result in better use of the land, I definitely feel that helping a couple of elderly or special needs dogs in a quiet, loving, knowledgeable environment, couldn't be anything but a "better" use of 2 spare bedrooms in a big, empty house I have never, ever had one animal related complaint filed against me. Thank you for your attention I `~'-~ RECEIVEp FEB 15 2006 ~€rltten narrative concisely clescribing the "public benefit" of the pr®pased amertdrroent How many of you have or know of a dog that fs either: • elderly, geriatric or just on in years ? • physically challenged in some way be it blind, deaf, or could even have something as common as hip dysplasia and needs help walking or just getting around? • has anxiety issues and needs special attention and comfort? • needs ear or eye ointment daily or is taking daily pills ? • has an ongoing chronic illness such as Pancreantitus, Addison's, Cushings disease? • very sensitive or in an emotional state that leaving it alone in a traditional kennel would mentally or physically end up traumatizing them? What I have done is opened the two guest bedrooms in my home to a small number of dogs. (4 max.) They are usually owned by my neighbors, friends or relatives. The people that ask for my help greatly fear leaving their pets behind when they need to travel for personal, business or inevitable family emergencies. (hospitalization, family crisises). I have made these rooms as safe, sanitary and comfortable as possible. They include human beds along with puffy dog beds. They have color television with cable. It is not unusual for me to talk with these parents daily regarding the health of their dogs. When I watch a dog for you, it has my full attention. I do special diets. I lift and carry the lame ones outside. I nurture and love the emotionally challenged ones. I administer daily medicines and frequently care for them late at night when no one is around in a conventional kennel situation. Being I only baby sit a couple of dogs, bordetella or kennel cough is unheard of when they stay with me. Sometimes, the dog is not the issue as much as the owners. When family emergencies or medical crisises arise, giving proper notice at a traditional kennel can be a problem. I am always flexible and ready to help in these situations. Frequently in an emergency, I will drive to pick up these dogs allowing the parents to attend to and concentrate on their crisis. Please understand, I am not asking to run a kennel operation. I am not asking to allow dogs to run wild and bark in my backyard. My caregiving is the total opposite of that. I am only asking your permission to allow me to care for a few special dogs (only 2 families) in the privacy of my home. I have never had a noise complaint. I have never had a feces complaint. I have a ~/2 acre of land that is fenced and live on a quiet cul de sac backing up to 35E. Most of my neighbors never even knew what I did until t told them. Then, they would ask me to help their dog. From 1995 to 1999, I created and ran one of the most well established and respected dog facilities in the country. (Silver Dog Bed and Biscuit) This work is my life, my passion and my formal training and education. By you allowing me to occasionally babysit a few special needs dogs, I feel that am contributing greatly to the publics need for a safe, healthy place to leave your dog which hopefully leaves you with total "peace of mind". I am 52 years old and everything I have done in my life prior to now has led me to this point. I welcome any restrictions, visitations by city officials, and annual renewal. Thank you very much ~EC~iV~~ iC[~ b 5 ~~(~ r' N(cCleary, IUlonica J MONICA MCCLEARY 525 STAPLES AVE. MENDOTA HEIGHTS, MN 55118 PHONE 651-457-2425 January 24, 2006 To Whom it may concern, Lesley Tscherme has cared for our dog, Huey, for the last two years when we have been out cf town. Prior to this, Huey stayed with my parents who took care of him when we were gone. In October 2003 I lost both of my parents in one week so I had no one else to take him. It has been a blessing to us to have Lesley to take him. Huey is a ten year old Skye terrier. This is a fairly rare breed and he was quite an expensive pet to buy. Huey requires very special care for a severe health condition. He is afflicted by Addison's disease, which is the total absence of adrenal function. In other words his adrenal glands can not produce glucocorticoids or mineral corticoids whcih are essential to life itself. Because of this illness he needs to take prednisone every day and sees the veterinarian once monthly for injections of desoxycorticosterone. Huey also has protein losing enteropathy and has to be kept on a fairly strict diet. Lesley is able to make sure he has his medication and special diet every day. We feel very confident that his health needs are being met when he stays at her house. He is comfortable there. Stress in a dog with Addison's disease can lead to an Addisonian crisis which is life threatening. He would do poorly in a kennel where he would not get the tender care that Lesley provides. I don't know what we would do if she was unable to take Huey into her home. Please contact me if I can be of further assisstance. Sincerely, ~ ~r. -i ~ (~ i, (,. Monica J. McCleary, /J~ ~~ ~oc, rv~ tr-,~-~ ~or,tC~ ~~~e~-R~ ~ e a c.s-~-I., Pa.~--~-~t.~ IC7( February 15, 2006 TO: The City of Eagan We have lived two doors down from Lesley Tscherne for over 10 years and we have never experienced any kind of negative activity regarding the occasional dog sitting that she has done in her home. There has been absolutely no disruption in our cul-de-sac from either traffic or barking. Lesley is a great care giver of animals and has personally helped us out in situations where we have asked her to let our dog out during the day. Her service is very valuable to us and the rest of the neighborhood. We would sincerely be against any kind of change in the current situation that Lesley has in our neighborhood. illiam and Joann Cale 1 3804 Blackhawk Ridge Place Eagan, MN 55122 651-68b-7830 n~~~~~o~ ~, lti.o ~sQ s ~o~ ~ ~~~~~~p F~f3 1 a ~t~6 February 7, 2006 To Whom It May Concern: My name is Michelle Dehnel. My husband Jerry and I live at 3808 Blackhawk Ridge Place. We have lived next door to Lesley Tscherne since 1997. That is why we are writing this letter. We need you to know that Lesley occasionally baby sitting a dog or two, has NEVER adversely affected us. We have never experienced additional traffic. We have never heard any barking. We have never seen feces in either her front yard or back yard. (which we have a perfect view of from our deck!) We no longer have a dog but when we did, Lesley was always ready to help us out when we needed her. Our dog was elderly and was on daily medicine. The fact that she desperately cares about the welfare of these special pets was always very reassuring when we had to leave him. We sincerely hope she is allowed to continue. Her high level of care for these few dogs has definitely. been a public benefit to our neighborhood.. Thank you, 7/'j~,LillLi~ ~, 1 ~~~ Michelle and Jerry Dehnel 3808 Blackhawk Ridge Place Eagan, MN 55122 ion j M m 2c~ l a~~ ~ ~-~-~-- << ~. 38dg J c~r~c~ ~ I'Y1 ~ c,I~e ~ l2. l~e~~ ?~~;~~~l~pi E~~ i ~ ?Q0~ Keith & Debby Grittner 3815 Blackhawk Ridge Place Eagan, Minnesota SS I22 City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 To Whom It May Concern: We are writing this letter on the behalf of Lesley Tscherne, our next door neighbor for some nine years now. Ever since Lesley moved in we have known about her love of dogs. She has two dogs of her own and occasionally baby sits dogs of others. Many of the dogs she baby sits are those of neighbors, or those in need of special care. There has never been a problem with noise or traffic in our cul-de-sac due to Lesley. She has a very nice setup for any dog, with high privacy fences and a well maintained yard. In fact you would probably not even know there were dogs on the premises. We sincerely believe that Lesley is providing a beneft to those who need a baby sitter for their dog. There has never been any adverse affects of this which would include excess barking or increased traffic. Please feel free to call us with any concerns or questions you may have. Thank you,,i~, ~/'7` ~~ N~ /~~ J ' J~, ~` ll-0(~ ~~ ~~ Keith & Debby Grittner 3815 Blackhawk Ridge Place 1 n-1 rn e„j I a,~ Eagan, MN 55122 ~% 651-456-5878 ~ ~ ~ ~ ~ ~ O r- . / , ~'O l~~ I'~ 'Z 3g~s ,, ~~~~~~ 'ahoo! Mail - mychulitas@yahoo.com 02/14/2006 02:57 PM ;, ~`''~ >~ ~ ~ Print - Close Window From: "David Fondler" <dfondler@hotmail.com> 70: mychulitas@yahoo.com Subject: Lesley Letter Date: Tue, 14 Feb 2006 14:04:15 -0600 To whom it may concern: This is a letter in support of Lesley Tscherne. Lesley and I have been friends for more than three years. On several occasions, Lesley has done me the favor of watching my dog Bravo when I have gone out of town. Bravo is about 14 years old and has several old-dog ailments. He needs special care and regular medications. I don't know what I would have done if Lesley had not been there to care for him. I trust her implicitly, much more than I would a commercial kennel. David Fondler Business News Editor St. Paul Pioneer Press 651-470-0867 (cell) ~• ~, d ~ a.~ g U S l ~~-~ ~~ t `~-~ Ir`" S-~ • ~~ r t ~sII~~~ree~ l 1 I ittp://us.f528.mail.yahoo.com/ym/ShowLetter?box=lnbox&Msgld=38...earch=&PRINT=1&Showlmages=&W=44100&order=down&sort=date&pos=0 Page 1 of 1 t Y1 ~'~LE!°/~t~ I•I-~ Sri ~~~~ Agenda Information Memo April 18, 2006 Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (OLDRE ADDITION) - HAFSTAD REALTY ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Oldre Addition) to create two single-family lots upon one acre and a Variance to allow lots with less than 50' of public street frontage and a lot width less than 85 feet for property located at 2900 Skyline Drive, in the SE'/4 of Section 4; subject to the conditions in the APC minutes. To approve (OR to direct preparation of Findings of Fact for Denial) a Variance request for an existing detached accessory structure exceeding 576 sq. ft. in area for the existing single-family home at 2900 Skyline Drive; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The applicant is requesting approval of a subdivision to create two single family lots. - A single family home is present in the southeast portion of the site and will remain after subdivision. - The proposed lots meet the R-1 area requirements. - Variances are required; proposed Lot 1 does not meet required 50' of frontage on a public street, and the lot width at the minimum front setback line is less than 85 feet. - The final plat will be revised to provide the minimum 50' of frontage for Lot 2. - The existing house and garage will remain on Lot 2. - Construction of a new single-family home is proposed for Lot 1. - An accessory building is present on proposed Lot 2 which exceeds 800 sq. 8. in area, which requires a Variance to memorialize this existing condition on the property. - The Advisory Planning Commission held a public hearing on March 28, 2006 and recommended approval of the Preliminary Subdivision and Variances. 120 DAY AGENCY ACTION DEADLINE: June 15, 2006 ATTACHMENTS (2): g~ ~ _ ~ I Draft APC Minutes on a Staff report on pages ~through~l Z iii March 28, 2006 Advisory Planning Commission Minutes Page 9 D. Oldre Addition Applicant Name: Hafstad Realty Location: 2900 Skyline Drive; Application: Preliminary Subdivision A Preliminary Subdivision of 1 acre to create 2 single family lots. File Number: 04-PS-04-02-06 Application: Variance A Variance to the required minimum public street frontage of 50 ft. File Number: 04-VA-03-02-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 21, 2006. She noted the background and history. Wally Hafstad stated the owners are elderly and have a medical situation that has required them to move. He discussed the history of the property and the current proposal. Chair Heyl opened the public hearing. Peter Jewel, 1536 Skyline Drive, stated concern with the three issues presented by this subdivision. He stated concern with the driveway, location, the existing shed, and ravine erosion. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Gorder stated the ravine is part of the storm water management system and carries a significant amount of water. He stated Staff is concerned with erosion of the ravine with the proposal. He stated he is aware of the existing damage to the ravine. City Attorney Bob Bauer stated the Letter of Credit would be the appropriate tool to have access to funds to correct any. negative impact to the ravine. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Preliminary. Subdivision to create two lots upon one acre and Variances to allow lots with less than 50' of public street frontage{Lots 1 and 2) and lot width less than 85 feet (Lot 1), for property. located at 2900 Skyline Drive in the SE'/4 of Section 4 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, 61, B4, C1, D1, E1 2. The property shall be platted. 3. Architectural designs and construction methods for construction of a new single-family home on Lot 1 shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 4. The new house on Lot 1 shall be located so as not to create further erosion of the ravine banks. 5. The new house on Lot 1 shall be subject to stringent temporary and permanent erosion control measures to protect the ravine banks from erosion. An erosion control plan shall be submitted to City staff for approval prior to the issuance of a building permit for Lot 1. 6. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for Lot 1. 7. A cash dedication in lieu of on-site water quality ponding should be required for this development. The dedication is payable at the time of final subdivision at the rates then in effect. (I~ March 28, 2006 Advisory Planning Commission Minutes Page 10 8. This development shall be responsible for a cash parks and trails dedication on Lot 1, payable at the time of final plat at the rates then in effect. All voted in favor. Motion carried 6-0. Member Bendt moved, Member Gladhill seconded a motion to recommend approval of a Variance to the building area limitation of 576 square feet for the existing detached accessory building for the existing 960 square foot "shop" for Lot 2, Block 1, Oldre Addition. A vote was taken. Aye: Chair Heyl, Members Bendt, Hansen, and Chavez. Nay: Members Gladhill and Dugan. _ Motion carried 4-2. ii4 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2006 CASE: 04-PS-04-02-06; 04-VA-03-02-06 APPLICANT: Hafstad Realty HEARING DATE: March 28, 2006 PROPERTY OWNER: Gorlyn & Doris Oldre APPLICATION DATE: February 15, 2006 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 2900 Skyline Drive COMPREHENSIVE PLAN: LD, Low Density ZONING: R-l, Single-Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon one acre and a Variance to allow lots with less than 50' of public street frontage (Lots 1 and 2) and a lot width less then 85 feet (Lot 1) for property located at 2900 Skyline Drive, in the SE'/4 of Section 4. This proposal also includes a Variance request for an existing detached accessory structure exceeding 576 sq. ft. in area. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "lii 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 Ciry Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies v<~ith 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 t~~pe of development or use 15 Plannins Report - Oldre Addition March 28. ?006 Page 2 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. I. 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'' ~~hich 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 p art of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the Cite Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property is zoned R-1, Single Family Residential and has a Comprehensive Guide Plan land use designation of LD, Low Density residential. EXISTING CONDITIONS The property is unplatted and contains an existing single-family residence in the southeast portion of the site which was constructed in 1946. A detached accessory "shop" structure is also i~a Plannins Report - Oldre Addition March 28, 2006 Pase 3 present on the site. The property is located atop a bluff which slopes down to the north toward the Minnesota River Valley. SURROUNDING USES The site is surrounded on all sides by single-family uses, zoned R-l, Single-family residential and guided LD, Low Density. EVALUATION OF REQUEST Compatibility with Surrounding Area -The proposed single-family use is compatible with surrounding uses which are also single-family. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive Guide Plan currently designates the area as LD, Low Density residential. The site is located two miles southeast of the parallel runways at MSP, adjacent to primary arrival and departure flight tracks for those runways. Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within the one-mile buffer area of the 60 dB contour, placing it ~~vithin Noise Policy Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it is anticipated that infill single-family residential will be a provisional use within the Buffer Zone. Architectural designs and construction methods for construction of a new single-family home on Lot 1 should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. Densi -The proposed two lots on one acre is within the density allowed by the LD land use designation. Lots -Lot 1 is proposed to be 21,986 sq. ft. and Lot 2 is proposed to be 17,708 sq. ft. in area. The R-1 lot area and setback requirements are satisfied. The minimum street frontage and minimum lot width requirements are not. The City Code requires a minimum public street frontage of 50 feet. The existing parcel has 69.94 feet of public street frontage. Lot 1 will have 20 feet of frontage, while the frontage for Lot 2 will be 49.94 feet. A Variance is required for these dimensions. Lot 1 also does not meet the required lot width at the front setback line, which is 63 feet versus the required 85 feet. in Planning Report - Oldre Addition March 28, ?006 Page 4 However, Lot 1 widens to 105 feet where the new house will be placed and provides sufficient width to accommodate the new construction and meet required yard setbacks. Setbacks -The R-1 setbacks apply to each lot. The existing building on proposed Lot 2 meets these setbacks. The conceptual building pad for Lot 1 also meets the required setbacks. Accessor~Structure - A detached accessory "shop" structure is located on proposed Lot 2. Two detached accessory structures are permitted in the R-1 district. When an attached accessory structure is present, the detached buildings cannot exceed 576 square feet. The existing detached building is 960 square feet and predates the ordinance limiting the size of accessory buildings. A Variance to the allowed accessory building area is necessary to acknowledge this existing condition. Grading/ Erosion Control -The site is generally open with a wooded section along the ravine at the north edge of the property. The proposed grades for the ne~v house and driveway on Lot 1 generally match the existing grades. The ravine that runs along the north edge of the property is part of the City's storm water system, and conveys storm water runoff from a large area upstream. The City restored the ravine and repaired erosion problems along the banks of the ravine in 1995. The new house proposed on Lot 1 is close to the storm water ravine. The new house on Lot 1 should be located so as not to create further erosion of the ravine banks, and should be subject to stringent temporary and permanent erosion control measures to protect the ravine banks from erosion. An erosion control plan should be submitted to City staff for approval prior to the issuance of a building permit for Lot 1. Utilities -The existing house on Lot 2 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water stubs of sufficient size, depth and capacity are available from Skyline Road for service coru7ection for proposed Lot 1. Streets/ Access/ Circulation -The driveway access for the existing house on Lot 2 will remain onto Skyline Drive, and access to Lot 1 access is also proposed onto Skyline Drive, a local residential street. The new driveway for Lot 1 shall be contained entirely within Lot 1 and shall not encroach onto adjacent property. Wetlands/Water Ouality -This 1.0-acre proposed subdivision is located in the "H" Watershed that drains the west to the Minnesota River via a steep ravine along the northern boundary of the property. Due to the size and nature of this residential subdivision, water quality ponding is not feasible. To meet the City's water quality requirements, therefore, a dedication of cash in lieu of ponding is appropriate for this development. The dedication is payable at the time of final subdivision at the rates then in effect. There are no jurisdictional wetlands on the property. i~g Planning Report - Oldre Addition March 28, 2006 Page 5 Tree Preservation - A Tree Inventory was provided with this submittal. The inventory shows the majority of trees on the site are Red Pine, Eastern Red Cedar and various types of spruce trees. A Tree Inventory and Preservation Plan will be required at the time of building permit application for Lot 1. Allowable removal for single-lot development is 20%. The new house is proposed to be located in an area which requires removal of several significant trees. The applicant states that such placement is necessary to maintain the views for these properties. Tree preservation requirements will be reviewed at the time of building permit. Parks and Recreation -This development is responsible for cash parks and trails dedications for Lot 1, payable at the time of final subdivision at the rates then in effect. SUMMARY/CONCLUSION Hafstad Realty is requesting approval of a Preliminary Subdivision to create two lots upon one acre of land located at 2900 Skyline Drive in the SE `/< of Section 4. The proposal includes Variances to allow lots with less than 50' of public street frontage, for lot width less than 85 feet, and for an existing accessory structure that exceeds 576 sq. ft. in area. The proposed single-family use is consistent with surrounding uses, which are also single-family. The site is located within Airport Noise Policy Zone 4 and sound attenuation methods will be required in construction of the new house. Existing property configuration constrains available street frontage to less then 50 feet per lot, and lot width to less than 85 feet at the front setback line for proposed Lot 1. These two items require Variances. A Variance is also needed for the existing accessory building on Lot 2 which exceeds 800 sq. ft. in area. The applicant indicates that the value and attractiveness of this property is in its location on a hill overlooking the Minnesota River Valley. Placement of the new home is proposed so as to take advantage of the view and not interfere with the views of the existing adjacent homes. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon one acre and Variances to allow lots with less than 50' of public street frontage (Lots 1 and 2) and lot width less than 85 feet (Lot 1), for property located at 2900 Skyline Drive in the SE `/4 of Section 4. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, Bl, B4, Cl, Dl, E1 2. The property shall be platted. 3. Architectural designs and construction methods for construction of a new single-family home on Lot 1 shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. i iR Planning Report - Oldre Addition March 28, 2006 Page 6 4. The new house on Lot 1 shall be located so as not to create further erosion of the ravine balks. 5. The new house on Lot 1 shall be subject to stringent temporary and permanent erosion control measures to protect the ravine banks from erosion. An erosion control plan shall be submitted to City staff for approval prior to the issuance of a building permit for Lot 1. 6. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for Lot 1. 7. A cash dedication in lieu of on-site water quality ponding should be required for this development. The dedication is payable at the time of final subdivision at the rates then in effect. 8. This development shall be responsible for a cash parks and trails dedication on Lot 1, payable at the time of final plat at the rates then in effect. To recommend approval of a Variance to the building area limitation of 576 square feet for the existing detached accessory building for the existing 960 square foot "shop" for Lot 2, Block 1, Oldre Addition. I~ STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObli~ations 1. This development shall accept its additional financial obligations as defined in the staff's 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 ~~vithin 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 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. i zi 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 certif ed 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 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 Dedications 1. This development shall fulfill its park a11d trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Ouality Dedication 1. This development shall be responsible for provided 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 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 G:Engineering/Forms/Standard Conditions of Plat Approval izz Eagan Boundary Right-of-way at i o n M a ~ Parcel Area L o ~ ~ O Park Area Building Footprint [~J.~J ~ D e ~ o z r a E w ~ ~ S D ~..ro a... ~,~, z~,.. O OD °~'+ @?3 • ~ ®® Subject Site ®, e a °® a p ©~~~ m v Q 9 p r e ~ F ~' ~ @ .. .. ~ p .~ a o q ® £ ar ~ ®!~ A C~ d oo4e D 4~ B ~+ ® 0 ~ o ~ •~ p - ~ ~ ~ o = 2, r" 8©® 0 4 ~ o ® ~° ~ ®o ` Q4 p v ~ 0 0 ~ g ~Q and ° 8 8 ~ © p 6 $ a. ~ ~ O ® ~ Q ~ Q g Q~ {~ o B B' p d ° o O IP •Q fr' g ©O ~ t`~D ~ p0 0 ~ 0~ ~ ® Q ~ ~ ~ o a Q ~ o ® ~~ o ~' q' ''~ 4 az8 ~.4 ~ o ° ~ ~ ® t9 ; - cs o ® Q Q c © o p p hew .we 4~ o D F'- ` ®. ®~®~®_ o a ~. ca ® G ~ 6 os 1Y ,'E ' 1 ~ , a p O O Q~ ~ ~ ~~~ 0 s S R.. .: 1000 0 1000 2000 Feet Development/Developer: Oldre Addition Application: Prelim Subdivision and Variance Case No.: 04-PS-04-02-06 and 04-VA-03-02-06 ~. f~ N Map Preparetl using ERSI ArcYew 5.1. Parcel base map data provided by Dakota County Office of GIS antl is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City Of E~~18Il W E The•City of Eagan and Dakota County do not guarantee the accuracy of this information and are S tommunny o.valopm.n: o•partm•nt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Oldre Addition Prelim Subdivision 04-PS-02-06 Zoning Map R- -1 Current Zoning: Location R- R.~ l R id ti es en a Single Family 0 2 r =r ~~ ~~ R. ~a h R- R-1 600 0 600 1200 Fwl Comprehensive Guide Plan Land Use Map L D Lo cation LD Current Land Use Designation: D LD ~ LD Low Density (0-4 units/acre) = _ . aY tie D LD ~° h LD LD D 600 0 6D0 ,206 Feet n1 Paroel base map fnformatlen proNde~y Daketa eeunty Land Swey Dapartme1t Deemba. 2005. N Zoning Information maNtalnad btClty StaK ~ w W ~ E City Of E~~I~Il THIS MAP IS INTENDED FOR R~ERENCE USE ONLY ('///) • The City of Eagan and Dakota County do not guarantee tha accuracy of this information. 5 '/'~ D O ~~ r~ TTi `V C _ry _~ (~ W - CFA-: ~.~ f •. t8 ~~+lF ° ER ~~C ~ ~€E. ~ ` ~ ~ ` 'ER _ c . ~ S =Ze~.2t~~ N ~ L gFp ~ ~g4~~~~e~tpt~ :E ~ L y Cc°p_t~~tFBE ~'~~ ~~~~-F$~ i i~ t# C° ~.~:_~:~~~~i r~ t9 E~.R : ix ~E 1~ y •~~~:~c~~~L: E ei ° ~ - ~~S:b CE ~ ~ `° l ~~ b ~ z: ~ F € ~ ~' e F ~ s F i tgi s ~ 3~~z :e I E g ~ ~ ~ z 5 e S G: . o ~ ~ ~ k k 8 Rw° 0 1 1 tii ti 5f5'~ H E -' i 'n i i~ ~ ~ i - ' ~ i ' ~ : R f ? j' ~ nl ~ ~ ~ ~ / ~ ,I~g t~_________________~__________^ ~ O I \ ~~ ~ e a.r..i.ew . ~ ~ ~ ~ ~ ~ ~ L~ ~ ~ ~~:' ~ i •~ ~ u~ -------------:,,rN---;~ ---------.-- ~~-~ ~ .a -- e.K..~.~ i i x ---- o t --- --- ! i ~ ~ I ' ° PRELIM. PLAT ~~ ~f 4F `\ e . s& EF 3Y ~a E• aE }E~ r3 '. x ~.A Z4! i:~ .~~. .EE a 2 b O it Fi E k Y 1 F L C O1 C .~ D ~D L C~ C ~D L ~b C .ry '1 L 3 FxE ~` SITE PLAN '~} °` 4 I Z1p '^' C iV ~~. r- e-. ~'~~: F, ~~: ~'S:Li '. ~~.., . ~' / ~~, _ .~ ,,, r.~ ~,'. ~ ~~ - .~ s$ ~~ The Property from. S~1 side across Skyline ~- 3`~ _ ~_______ F.. .... _~~ .. _ ~~ .r ~r~'- 3 j~ t ~:1:~ y Y ~ ~. ~-,, "r ',fY L ~ ~ k ~ t~ ~ ~ ;~~~ ~. s ~"Q~ The existing house 17~ The Property close np from SW angle Minnesota River Valley Views Minnesota River Valley Views The Property from the West DEVELOPMENT APPLICATION This Development Application requests approval to divide a one acre Single Family Residential property with an existing home into two (2) Single Family Residential lots. The property at 2900 Skyline Drive is Located north of Lane Qak Road and west of Pilot Knob Raad. This property sits high on a hill overlooking the Minnesota River Va11ey and provides some of the most scenic views in all of Eagan. This property was separated from a larger parcel in 1945 ar~d a house built ors the property iri 194. The existing house will remain. The current owners are elderly and there is a medical situation that creates a need for them to to be close to their daughters. Efforts to sell the property in it's current configuration have failed. The very irregular configuration of this property requires the approval of a ~Jariance on the lot width at the street. Because maintaining the view is essential to these properties, Covenants will be established to require the construction of a new home at the far back of the new lot and also restricting the planting of large trees or the construction of any other building in front of the existing home and the new building site. _ ,. iz~ VARIANCE REQUEST The Development Application is requesting to divide a one acre residential property with an existing home into t-wo lots. The Variance requested is relative to the street frontage of the new lot. The existing property currently has a total of 70 feet of street frontage. The proposed new lot will have a street frontage of 20 feet including a driveway and the existing driveway wi11 be moved to the right. The lot width of the new lot expands to a total width of 105 feet. The street frontage situation is complicated by the fact that this parcel was formed in 1945 when there were no streets in the area and the streets did not develop later as had been anticipated. The current zoning is Single Family Residential and will remain as such. The surrounding land use withing b60 feet is also Single Family Residential. The existing home on the property will remain. .-r'-; M1 ~ ~~~ Peter and Sheryl Juhl March 15, 2006 1536 Skyline Drive Eagan, MN 55121 Community Development Department City of Eagan, Minnesota 3830 Pilot Knob Road Eagan, MN 55122 To the Community Development Department: We are writing to express our concerns regarding: • Preliminary Subdivision of 2900 Skyline Drive to create 2 lots (File # 04-PS-04-02-06) • Variance to the required minimum 50-foot public street frontage (File # 04-VA-03-02-06). We live next door to 2900 Skyline, and plan to attend the hearing on March 28t`'. We do want to make you aware of several problems we see: First, the proposed siting of .the future house places it on an approximate 40$ grade on the side of a ravine. The soil in the area is largely sand, and very vulnerable to erosion. There is already substantial gullying occurring behind the existing house on the lot, and we are concerned that construction of a new house on this slope would present serious erosion problems. Second, the driveways for 2900 Skyline and 2902 Skyline are located close together on a sharp curve. The mailbox belonging to 2900 Skyline has been knocked over several times by cars skidding on the curve; Adding another driveway to this cramped corner seems unsafe, and would further harm the aesthetic value of this part of the neighborhood. Last, our house was designed for north, away from the street. The south toward the street to admit 2900 to be split and new a house between loss of privacy, or loss coming into our house. its site, with most windows facing re is just one large window facing sunlight and warmth. Were the lot at built, we would have to choose of the only real source of sunlight Thank you for taking these comments into consideration. 'ncerely, ~~ Peter 1 ~~ ~l ~~ Sheryl Juh1 D C ~C OMB murc Y 7 7rts,, 1`~ ~ ~~'~~~ ~ tei~~; ~~~ ~. ~ ~~G ~1~~'f`..f~~~ ~~~~~~E ~~~ -454-~~u~ ~~arch ~ 0, 2QG6 City of Eagan D ~ ~ ~ ~ ~ ~ U Community Deve~oprrEent Departmer,f MAR 2 7 ZOQ6 3&3G Pilot FCrota P,oad Eagan, lsJfn. 65122 Dear ~~1s. pepper; l~`~~e are writing y~o~~ in reterentie trJ tl~~e prcipo:~e~:f ~.r~F^i`~4.;;~ :~::~-~~-.. fife haum~er 04-psG4-Q2--06. '~I`Ve are aE~r adja~•ent ~ to=gi~4:~~r _,_; ~.~~__ property and have sorrre ConGerflS with tf ~e propus,af Gf ~x,""~::> ~ ~-,.~ -. he=usiE~g to the Existing Iot. i hey are as tollov~s: isyiine Drive is a very i~~.r~~:y street. ~~~he drivev;~a`.. t,:~` ~'~-~t~:~ .. tea r ar ru T,..,• ;; Y;~. ~_,:...,; fln a corner i ,t ES very c~a ig.. ~?uS. -~i`le =:..a cast; ..t - ~'~; -Speed and v/e have had several n~:~~;r n~,sse:~ ~~j" :A~~C.:~r'•'.'==. ~..:. there. Every year rnotarisi:, r-~~~~ do<<~~r tare ;T~~ii ~1;„ ~ .~~~.:~ ;" .~:; the adjacent fot. 1~VitE"rout a t~rrz aro~:rs~# ir; tine ~F~~es.~~~=F ...~/%~=v.~,t There iS nG `/~/ay sameGne cc:E~id i~ac~c ot~t of ti°<<~; aF e =~ ;~,~+7E .~.:F ~.~. gLttEng hot. it ~s ai:,~ cia~-,~e~-uf..-s €E~ r;he ;~fl~ F,. ~l'r~ f~~.t :; ;c wGE~I<dayts to tivalk. ~~r~a~th ~~" ~`EGi.iSe ~~J€~il El'lUre ii`~iis;"';f~ ,~'~:~' .. _, ., C~ilsaSter. ® there is severe 4//asflGut c,n i`ir:; aViE'1e GT ~.il~% ~t ~.~~~~,~. _:':',,:;-:;. tine last 7 years vrre have s ;=erg :~tirer 6 feQt of far-rci au:.-~ ~=E ~ ~i rfr~: ravir-Ee. {i the fared ayout iS c€3ar-rged ~nyrnore ti~re ~-=r:~peot^,~ oGVned by Juhf's wiff c~et v~/asf"red a~tiJay. f hey afre~d;; s`~F°f~~- waterrafl of ~~/ater during ha~~d rains. ~%Ve are e~:t:=~:;~.~.,~i;~r~; `i;t- Sarrif' tlllr`ig V/Itf i GLlC i'Btairiing `/t~~{fS, `r'~1h{C;"3 are f:C} Gf{,;~ ~~=cn':~; ~/~ashaut. Our borne was damagea vent k1ac.,y ,,~,i~u~n ti-i~ _~~/~;{,3 ~~:;f FE: adjoining preper~~y was put iE~. because it is a~f s~~E~r~.~, t r u-4,y, had to dig very deep and put up bar rie~rs tc~ hL{~~ th 1 '/~.ruff cr. <- ~~. hole ir~rr; caving irE. i l~~e pcunding of the ec~ui~:=rr~e ~#~ ~;r.=y:_: . cement in our garage, and cracked pfa;~ter:r; r~~tar~}~ ~~~ ,;:;~ 131 rooms of oc~r home. There ~~~as iE~ Uxcess ar w~~~:,'~'.. _ ... = _ - done. fro natter hove tf~~e r~ropased housing is set I~r~; tE~c. :~~°{~F;~e~-L~. woufd have r-Eo privacy in any of uur ; ooms. The si~<e =:.~fi-~_,~,: E:,i o ~ir horr-e Is dki i'Y ~ .~.~. ~~ h( I i (~ ~^ { P"+ •.., L-f vl~i ooW cII Nd yU~ '4rC~ffC~ b ~i,~~e F4, i~,~oY:. r: ; ~. info them. We built the house flits ~~~ey to overiaoh. ~_-~e ~:ilr'. The city showed that the propeiies adjoirjirg v_1 r.~,~ l~J'w~cslC• ,E~~~~i be ar, issue but building tt~~e m`a`y wE di;~. V1r`e have already {osf moss of fh,A v~`iiCSiife t~ gat +.~sec~ ft:~ i:~~r~ ?~~,t area dup fo src~,~th. ~n:~t;~er h^r~e ~~auid jr~sE teku e~;;;~{w~~ ~ .~~~-r~: space for then cc run. '~fVe understdncf that the C3idre`s vvo ri;.~ ;ike tc ~,<.u;-.ri~r;,'~ _ ~F,<<, ::a. their property but it wauid bee ; E ~isforcur~e to udU edc~iti<~r~~< i->f~~;i;~_._; that area ofi the street. The investors ii~tUkir?~ at the pr^f_~c~ ~:~;~~ -~~~~~ `~ convinced the G;dre`s that this is the on~y ~JVaY their prr.;p~:rt~, ca.~, ~~.)r $4~25,aCG.GC. i an ~ si.rre thca~ sor~i~vi 1 e 'J~'C}Uid irate ~C:t ~:'~.i`~f l~i~=;' prO~et~tY' as rt~ s,ts and maybe e~f::n replace [he ~Y.ISirClrc: i"}C;~'~F. s were irsted at a rea5onabie pr;ce. V'de are sorry that we Can r~Ot att~nt~ ?i'ie !1`ieetiriC~ i~~~L ~"'rCir~ ~:i t~?!. trave? comrz-ritmer ~'s rrrade. Tl~ar~ % ya~.r ~r~,ir cor-.sicieri~~ J ,u,_ :~~~ ~-~.: .~ ~-~ the subject. s se~}rc~s, ~i V u , Lira ' _iti~~. . ~ iia ~d ~--~~ even oil d i~z Agenda Information Memo April 18, 2006, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE -EPIC DEVELOPMENT ACTIONS TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to change the land use designation from QP, Quasi-Public, to LD, Low Density residential, upon approximately 4.34 acres located west of I-35E and south of Deerwood Drive be submitted to the Metropolitan Council for review and approval (OR direct preparation of Findings of Fact for Denial). REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: - The subject site consists of three unplatted tax parcels. There are two single-family homes present and one freestanding cell tower (AT&T) and equipment building on the site. - In March 2005, the applicant submitted an application for a Planned Development consisting of 341ots. That application was withdrawn by the applicant after the public hearing at the Advisory Planning Commission. - The current application proposes R-2 zoning and 28 twinhome units. - The cell tower parcel will be platted as a separate 0.58 acre lot and will be rezoned to PF, Public Facilities, the QP, Quasi-Public Comprehensive Guide Plan land use designation will remain; the rest of the parcel will be rezoned to R-Z, Residential Double, and re- guided to LD, Low Density residential. - A majority of the site is currently guided LD, Low Density residential. The existing easterly parcel containing the cell tower is currently guided QP, Quasi-Public, and 4.34 acres is proposed to be changed to LD with this development. A 0.58 acre parcel will retain the QP designation to allow the cell tower to remain. - The new parcel containing the cell tower is proposed to be rezoned from A, Agriculture, to PF, Public Facilities. A Conditional Use Permit is required in the PF district for a freestanding tower and the CUP would apply to the existing tower. - The minimum setback distance of the tower "from any property line of a parcel or lot within a residential use district shall be ...300 feet". With the subdivision to create the twinhome lots, the tower will be only 10 feet from the residential property line and thus, a Variance is required for this reduced setback. - The existing Code section was written with, and intended to buffer, a cell tower being placed in proximity to an established neighborhood. In this instance, the existence of the tower precedes the residential development. 133 - As presented, the proposed development of 28 twin homes complies with all R-2 zoning standards regarding lot dimensions and areas and the 2.35 units/acre density is consistent with the Low Density land use designation. - The development site abuts existing single-family homes (west and north) and townhomes (south). To the east the site abuts I-35E. - One existing single-family home (Lot 11, Block 1) will remain, and will retain its current R-1 zoning. - Access is proposed via an extension of Taconite Trail as a public street connecting to Deerwood Drive through the development. - The installation of the public improvements for this development should be contracted and managed by the City under a City contract. As such, the appropriate project must be approved by Council action prior to final subdivision approval. - The Advisory Planning Commission held a public hearing on March 28, 2006 and recommended approval of all of the requests, subject to conditions in the APC minutes. ISSUES: Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Rezonings, Preliminary Subdivision, CUP and Variance requests will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. However, it is appropriate for the Council to comment on the other requests at this time. - Subsequent to review by the Metropolitan Council, if so directed, the following actions will come back before the City Council for consideration: • To approve (OR direct preparation of Findings of Fact for Denial) the following Rezonings for property located west of I-35E on Taconite Trail located in the SE '/< of Section 20 and SW'/4 of Section 21: - 0.58 acres from A, Agriculture to PF, Public Facilities - 4.34 acres from A (Agriculture) to R-2 (Residential Double) - 7.62 acres from R-1 (Residential Single) to R-2 (Residential Double) • To approve (OR direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Nature's Point) of 12.8 acres to create 301ots for construction of 28 twin homes located west of I-35E on Taconite Trail in the SE'/4 of Section 20 and SW '/4 of Section 21. • To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow a cell tower in the PF (Public Facilities) zoning district and a Variance of 290 feet to the required 300-foot setback for a tower from a residential zoning district for property located west of I-35E and south of Deerwood Drive in the SW %4 of Section 21. - City staff inadvertently attached outdated exhibits with-the staff report. For the Council packet, staff has replaced them with the revised exhibits, received March 1, 2006. - Due to the site's proximity to I-35E, the developer should prepare and submit a noise abatement plan prior to final subdivision approval. The City's Subdivision ordinance (Chapter 13.20, Subd. 15) outlines the requirements for such a plan and identifies measures such as "architectural site design, the construction of earth berms, dense vegetation, walls, or the combination thereof or similar means." - Residents expressed concern about traffic and access on and off Blackhawk Road. City Engineering staff indicates there is good carrying capacity on both Blackhawk Road and Deerwood Drive and the design of the extended Taconite Trail wi11 be undesirable for cut-through traffic. 60-DAY and 120-DAY AGENCY ACTION DEADLINES: Apri130, 2006 and June 28, 2006 ATTACHMENTS (3): /~^ Draft APC minutes, March 28, 2006, on pages) ~/ through Staff Report on pages ~o through Correspondence from neighbors, pages ~ through 135 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 23, 2006 APPLICANT: Perry Ryan PROPERTY OWNER: Ferguson, Epic Development X, Johnson CASE: 21-PS-03-02-06 HEARING DATE: March 28, 2006 APPLICATION DATE: REQUEST: Rezoning, Preliminary Subdivision, Comp Plan Amendment, Variance PREPARED BY: Planning Staff Conditional Use Permit LOCATION: West of 35E on Taconite Trail COMPREHENSIVE PLAN: LD, Low Density residential and Quasi Public ZONING: Agriculture and R-l, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of: • Comprehensive Guide Plan Amendment to change the land use designation upon 4.34 acres from QP (Quasi-Public) to LD (Low Density) residential; • Rezoning of 0.58 acres from A (Agriculture), to PF (Public Facilities), 4.34 acres from A (Agriculture) to R-2 (Residential Double), and 7.62 acres from R-1 (Residential Single) to R-2 (Residential Double) • Preliminary Subdivision (Nature's Point) of 12.8 acres to create 30 lots for construction of 28 twin homes; and • Conditional Use Permit to allow a cell tower in the PF (Public Facilities) zoning district and a Variance of 290 feet to the required 300-foot setback for a tower from a residential zoning district. The above requests pertain to property located west of I-35E on Taconite Trail which currently contains two existing single-family homes and a cell tower located in the SE'/4 of Section 20 and SW'/< of Section 21. The existing cell tower is located upon 4.9 acres of land which is currently zoned A, Agriculture. The cell tower is proposed to remain on the site and be platted as a separate 0.58-acre lot with a Comprehensive Guide Plan land use designation of QP (Quasi-Public) and zoning designation of PF (Public Facilities). i~ Planning Report -Natures Pont March 22, 2005 Paee 2 The remaining 4.32 acres of the Agriculture parcel is proposed, to be re-guided to LD (Lovv Density) residential land use and rezoned to R-2 (Residential Double). The adjacent two parcels to the west (parcels 066-75 and 070-75), total 7.62 acres and are proposed to be rezoned from R-1 (Residential Single) to R-2 (Residential Double). The existing single-family homes on these two parcels are proposed to be removed. The Johnson property (proposed Lot 11) will remain zoned R-1 Single Family Residential; this parcel is being platted to combine it with a remnant from the development, but is not part of the proposed.twin-home development. AUTHORITY FOR REVIEW Comp Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. 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 regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The City Council shall not rezone any Iand 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: 137 Planning Report -Natures Point March 22, 2005 Page 3 A. That the proposed subdivision does comply with applicable Cin~ 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 Miruzesota, 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 ail economic burden upon the City for maintenance; repayment of bonds, or similar burden. 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." 138 Planning Report -Natures Point March 22, 2005 Paee 4 Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the follouTing. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Conunission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject site is currently three unplatted tax parcels. Two of the lots have single-family homes present and the other lot has a freestanding cell tower (AT&T) and equipment building. )3G Planning Report -Natures Point March 22, 2005 Page ~ The cell to«~er parcel is zoned A, Agriculture, and guided QP; Quasi-Public. As proposed, the cell to~~ver parcel will be platted as a separate lot and v~~ill be rezoned to PF, Public Facilities, the QP, Quasi-Public Comprehensive Guide Plan land use designation will remain; the rest of the parcel gill be rezoned to R-2, Residential Double, and re-guided to LD, Lo~~v DensitST residential. The other two parcels are zoned R-1, Single-family Residential and guided LD, Low Density residential. In August 2004 the applicant submitted an incomplete application. Prior to that application submittal, the developer held a neighborhood meeting. A petition was submitted with 57 signatures in opposition of the project based on assessments that may apply with the upgrading of Taconite Trail, concern with the proposed attached housing, and tree removal. In March 2005 the applicant submitted an application for a Planned Development consisting of 34 lots. The applicant withdrew this application after the public hearing at the Advisory Planning Commission. EXISTING CONDITIONS Two single-family homes are present on the subject site and a cell tower is present. The portion of the site that contains the cell tower is lightly wooded and abuts both Deerwood Drive and I- 35E. The rest of the site is heavily wooded and Taconite Trail right-of--way abuts the north side of the development site. SURROUNDING USES The following existing uses, zoiung, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Sin le-family residence R-l, Sin le-family residential LD, Low Densi residential South Townhomes R-3, Residential Townhouse MD, Medium Density residential East Ri ht-of--way 135E Ri ht-of-wa Ri ht-of-wa West Sin le-family residence R-l, Sin le-Family residential LD, Low Density residential EVALUATION OF REQUEST Proposal -The applicant proposes subdivision into 30 lots and construction of 28 twin homes. One lot (Lot 17, Block 2) is for the existing cell tower; one lot (Lot 11, Block 1) is proposed not as part of the development but to clean up lot lines by combining a remnant parcel from the development site with an adjacent parcel. Access to and through the development is proposed by an extension of Taconite Trail from Blackhawk Road to Deerwood Drive. Compatibility with Surrounding Area -There is a mix of attached and detached housing in this area of the city; therefore twin homes may be compatible with surrounding area. The subject site ~y0 Planning Report -Natures Point March 22. ?005 Paae 6 has single family detached residential uses inunediately to the west and north; there are townhomes to the south. Comprehensive Land Use Plan -The majority of the site is guided Low Density Residential allowing development of 0-4 units/acre. The parcel with the cell tower is guided Quasi-Public and a portion is proposed to be changed to Low Density Residential with this development. The proposed cell tower lot will retain the Quasi-Public Comp Plan designation to allo~~~ the cell to«~er to remain. The Comprehensive Land Use Plan describes Low Density as primarily single family detached housing units, however; some attached housing may be appropriate provided they comply with density restrictions and other applicable zoning regulations. As proposed this development meets R-2 standards and density requirements. The Comp Plan also discusses physical suitability. This section of the Plan suggests that if there .are significant natural features worth protecting, it may be appropriate to utilize cluster design techniques to minimize disturbance of the natural features of the site. Concluding that cluster design would allow smaller lots in exchange for substantial preservation of the significant natural features within a subdivision. The proposed development plan results in less tree loss than would a standard single-family detached development with the same density. Densi -The LD designation allows for 0-4 units an acre. The Site Plan depicts 28 units on 11.96 acres resulting in a density of 2.35 units/acre. Lots -The R-2 zoning district requires a minimum lot area of 7,00 square feet; a minimum lot width of 50 feet, and minimum of 50 feet of frontage on a public street. All lots meet the minimum lot area, lot width and frontage requirements. The twinhome lots range from 10,065 square feet to 31, 380 square feet. Lot 1, Block 1 is considerably larger (48,451 sq. ft.) because it includes a remnant strip of land between I-35E and proposed Taconite Trail; there is no development proposed for this lot and it should be combined with Lot 2, Block 1 to assure proper maintenance and avoid tax forfeiture. Lot 17, Block 2 (cell tower, proposed zoning of PF) is 25, 327 sq. ft. and Lot 1 I, Block 1 (adjacent R-I parcel not part of the proposed development) is 148,121 sq. ft. in area. Setbacks -The R-2 zoning district requires minimum setbacks of 30 feet from a public right-of- way (40 feet from Deerwood Drive), 10 feet for side yards for the dwelling (5 feet for a garage), and 15 feet for the rear yard. Landscaping -The Landscaping Plan indicates several foundation plantings and a few boulevard trees. The Landscape Ordinance is not specific to the landscape requirements in residential districts; however, landscaping is required in R-2, R-3 and R-4 districts. Parkin -City Code requires two enclosed parking stalls for each dwelling unit. Thus, each unit must have atwo-stall garage. In addition, off-street parking is proposed in the drive«~ays or on iii Ptannins Report -Natures Point March 22.2005 Paae ? the public street. The applicant has not identified any guest parking with this proposal; guest parking is not required. Cell Tower,- The commercial cell tower is an existing use on the northeast parcel of this development. The site is currently zoned Agriculture and guided Quasi-Public. The applicant is proposing to create a new parcel for the cell tower and rezone it to PF, Public Facilities which allows a commercial freestanding tower as a permitted use. A Conditional Use Permit is required in the PF district for a freestanding tower. The minimum setback distance of the tower "from any property line of a parcel or lot within a residential use district shall be equal to two times the height of the tower or 300 feet, whichever is greater" (the cell tower is 95 feet tall). The tower is 10 feet from the property line abutting the proposed twinhome lots and does not meet the required 300-foot setback. Clearly, future residents of the proposed development will be aware of the existing cell tower; the existing Code section was written with, and intended to buffer, a cell tower being placed in proximity to an established neighborhood. Nevertheless, a Variance is required for this reduced setback. Public Improvement Project -Due to the coinplexit5~ of the improvements needed for the development, City staff believes it is appropriate that all grading and public improvements be undertaken by the City through a public improvement project. The grading & erosion control of the site and the installation of the public improvements for this development should be contracted and managed by the City. With the improvements installed under a City contract, the appropriate project must be approved by Council action prior to final subdivision approval. GradinglTopo~raphy/Erosion Control -The preliminary grading plan is acceptable with modifications. The eastern portion of the site is lightly wooded while the western portion is heavily wooded. A majority of the site slopes toward the north edge of the site to a wetland within Taconite Trail right-of--way. A retaining wall, to be maintained by the property owner, is proposed around the new storm water pond along the west edge of the site. This wall is also proposed over a public storm sewer pipe on Lots 10/12/13, Block 1. To provide for adequate City maintenance of this pipe, the retaining wall should not be constructed within 10 feet either side of the pipe. Grading for the upgrade of the street within Taconite Trail right-of--way to urban street standards will require substantial retaining wall (10' - 15' high), slope grading and stone sewer construction on adjacent properties. Temporary easements to allow for this grading and construction should be acquired prior to final subdivision approval of this development, as part of the public improvement project. The preliminary grading plan shows proposed backyard grades with minimal slope to provide positive drainage. All yard areas should be graded to provide a 2% minimum grade for positive flow to drainage structures or street curbs. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. 142 Planning Report -Natures Point March 22, 2005 Paee 8 Storn1 Drainage -The preliminary storm drainage plan is acceptable ~~~ith modifications. A portion of the stone water runoff from the development is proposed to drain via public storm sewer to a new storm water pond along the west edge of the development. The pond will then flow to an existing City storm water pond in the southwestern portion of the site, currently utilized by previous development for storm water quantity rate control. The remainder of the site will drain to a new storm water pond in the north-central portion of the site, before flowing to an existing wetland mainly within Taconite Trail right-of--way. The on-site ponding for the development should provide storage to contain the 100-year stone event with a rate of runoff equal to the current pre-development conditions. Storm water runoff from Taconite Trail, west of the development, is proposed to drain west to existing storm sewer within Blackhawk Road. Utilities -Existing water main is available at Blackhav,~k Road to the west and Deerwood Drive to the north for connection and extension within Taconite Trail right-of--way for this development. Sanitary sewer of sufficient size, depth and capacity is available within Blackhawk Road to the west for connection and extension within Taconite-Trail right-of--way. This development will require the extension of sewer and water mains from Blackhav~~k Road to the development within existing Taconite Trail right-of--way. Several properties along Tacotute Trail are cun•ently not platted or subdivided. Sewer and water main service pipes, in accordance with City engineering standards, should be extended to the right-of--way line of all properties adjacent to Taconite Trail, for possible future development, as part of the public improvement project. All existing well and septic systems on the site, if any, should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/Access/Circulation -Taconite Trail right-of--way (60 feet in width) from Blackhawk Road to approximately 1,400 feet east was dedicated with the Oak Ridge Acres subdivision in 1978. Since that time, adjacent private properties were allowed to utilize and maintain private driveways within the right-of--way. This development will require the construction of a street to City standards within the Taconite Trail right-of--way to serve the development from Blackhawk Road to the west looping through to Deerwood Drive to the northeast. Existing residents along Taconite Trail have indicated that they have experienced some difficulties in entering Blackhav~~k Road during certain tunes of the day, mainly related to traffic from the Blue Cross/ Blue Shield campus to the north. The looping of Taconite Trail from Blackhawk Road to Deerwood Drive provides for neighborhood connectivity and to allow alternative outlets for vehicles to avoid periodic congestion at the nearby Blackhawk Road./ Deerwood Drive 3-v/ay stop intersection. With 29 total dwelling units, this development is estimated to generate about 175 total vehicle trips per day (in/out). With a looped street I~ Planning Report -Natures Point March 22, 2005 Paee 9 connection, the distribution of vehicle trips is estimated at approximately 100 to/from Deerwood Drive and 7~ to/from Blackhawk Road. With good traffic carrying capacity on Blackhawk Road and Deervvood Drive, and the majority of the area traffic traveling in a north-south direction, the potential for "cut-through" traffic in the neighborhood on Taconite Trail is minimal. Cut-through traffic will also be minimized due to Taconite Trail's proposed 28-foot width and rolling topography. A public street should be constructed within existing and dedicated Taconite Trail right-of--way, from Blackhawk Road to Deerwood Drive, to City engineering standards, as part of the public improvement project. Driveway access and reconstruction to all existing residences along Taconite Trail and the cell tower maintenance building access to Deerwood Drive should also be included under the public improvement project. Easements/Pernlits/Right-of--Way -Drainage & utility easements should be dedicated on the final plat over all existing public utilities within the development site. The developer should provide with the final plat, or acquire from the adjacent property (Parcel 10-02000-067-75), a 20-foot wide drainage & utility easement over the proposed storm sewer pipe within Lot 12, Block 1 in a forni acceptable to the City Attorney. Grading for the upgrade of the street within Taconite Trail right-of--way to urban street standards will require retaining wall, slope grading, and stone sewer construction on adjacent properties. Temporary easements to allow for this grading and construction should be acquired as part of the public improvement project. Water Quality -This proposed 12.8-acre residential subdivision is located in the upper portion of the City's A-watershed. Stormwater generated by the development will drain west toward the Minnesota River without entering any of the City's high priority water bodies. Because of the size of the parcel, this project is subject to City water quality requirements. The developer proposes to meet water quality requirements primarily by constructing two stormwater ponds, one just south of the existing cell tower and one next to the west property line. Both stornlwater ponds will pre-treat most of the runoff of the site before it enters existing wetlands and then the City's stonnwater drainage system. To address runoff from the development directly to wetlands from a small portion of the site, a water quality cash dedication should be required in lieu of treatment ponding. Wetlands -According to the wetland delineation report by Peterson Environmental Consulting, Inc., there are iwo jurisdictional wetlands associated with this site. Water Resources staff confirms the delineations as reported. One wetland is located at the end of the existing Taconte Trail. A portion of the other wetland is in the southwest corner of the parcel. Neither wetland is proposed to be impacted by draining, filling; or excavation. Tree Preservation -The Tree Preservation Plan shows tree removal under the allowable limits for this type of development. A tree inventory submitted with this application indicates that there I4µ Planning Report -Natures Point March 22, 2005 Page ] 0 are three-hundred fifteen (315) significant trees in the inventory. Individual tree size and species break down is as follows: Species Avg Diar-ieter Oak 20" Black Cherry 10" Dia. RarTge Cou~tt 6" - 3 5.5" 140 6" - I4" 80 4' - 13" 28 Perce~zt of Total 44% 25% 9% Spruce 7" The balance of the tree inventory is comprised of a variety of deciduous trees, including species such as aspen, box elder, elm, maple, willow, cottonwood, ash, and birch trees averaging 12" in diameter. The development as proposed will result in the removal of one-hundred forty-seven (147) significant trees (46.7 % 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, single-unit residential) is set at 47.5% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Preservation throu hg tree spading - In an effort to maximize tree preservation, the applicant intends to preserve, through transplanting, some of the existing spruce trees located within the property. The following trees are proposed to be preserved via transplanting: 135, 13b, 138, 139, 171, 172, 175, 176, 177, 180, 186, 19I, 192, 193, 197, 199, 200; 201, 202, 203, 204, and 205. These transplanted trees are counted as "preserved" trees in the applicant's tree preservation calculations. However, staff is concerned about the ability to physically move some of the larger spruce trees indicated above. Specifically, tree numbers 135 (11.5" diameter), 136 (13 "), 13 8 (9"), 13 9 (12.5"), 180 (12.0"), 186 (11.0"), 191 (10.0"), 192 (15.0"). and 193 (14.0"). Staff is recommending that before a Tree Preservation Plan is approved, the applicant should hire a tree spade contractor who will verify, in writing the ability to successfully move these larger trees. Staff is also recommending that if these trees are successfully transplanted, aone-year maintenance agreement (including mulching and needed irrigation) be provided by the applicant or tree spade contractor. Potential additional tree preservation -Following several visits to the site by staff, there appears to be the possibility to preserve additional trees, especially larger oak trees, without major development revisions. Staff is recommending that the applicant research the additional preservation of tree numbers 48 (36" red oak), 49 (26" red oak), 142 (21"bur oak), 91 (22" white oak), 106 (21"white oak), 107 (24" white oak), 119 (25" white oak), 250 (23" bur oak), 300 (24" white oak), and 188 (33" bur oak). Staff is recommending that awalk-through of the site occur with the applicant and the applicant's representative (an engineer and a certified arborist) to explore additional tree preservation. Encroachment inside preserved tree critical root zones -Many trees intended to be preserved along grading limits have proposed grading contours indicated to occur inside the critical root zone, or have the proposed tree protection fence shown to be set at a distance inside the preserved tree's critical root zone, or have utility installation indicated to occur inside the tree i~ Planning Report -Natures Point March 22, 2005 Page 11 critical root zone. These trees include tree numbers 31, 37, 40, ~2, 53, 57, 69, 128, 140, 141, 147, 156, 180, 19~, 206 (off-site 26" oak),. 207, 208; 209, 210, 287, and 334. According to the City of Eagan Tree Presen~ation Ordinance, these are both violations of ordinance requirements. There is to be no encroachment inside protected critical root zones and tree protection fence must be placed at the edge of the critical root zone or at the drip line of preserved trees, whichever is greater. Again, staff is recommending that apre-construction ~~~alk-through occur with the applicant and the applicant's representative (an engineer and a certified arborist), prior to site grading, to adjust grade limits and final tree protection placement. Advisory Park and Recreation Commission -This development proposal was before the APrC on March 20, 2006. Parks and Recreation -This development is subject to cash Park and Trail dedication for each new dwelling unit, payable at the time of Final Subdivision at the rates then in effect. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated chazges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of--way required with the plat. Im rovement Use Rate Quanti Amount Sanitary Sewer Trunk R-2 $2,315/ac 3.89 ac $9,005.35 Water Trunk R-2 $2,430/ac 7.63 ac $18,540.90 Storm Sewer Trunk R-2 $0.1325/SF 558,332 SF $73,981.65 Total $101,527.90 SUMMARY/CONCLUSION The developer is proposing a subdivision creating 30 lots for the development of 28 twin homes. One lot (Lot 17, Block 2) is for the existing cell tower and equipment building; one lot (Lot 1 1, Block 1) includes an existing single family. The platting of Lot 11 cleans up lot lines by combining a remnanf parcel with an existing unplatted single family parcel; this home and lot are not part of the development. As mentioned earlier in this report, Lot 1, Block 1 should be combined with Lot 2, Block 1 to assure proper maintenance and avoid tax forfeiture. Access to and through the development is proposed by an extension of Taconite Trait from Blackhawk Road to Deerwood Drive. 14~ Planning Report -Natures Point March 22, ?005 Paoe 12 The density of the proposal is consistent with the Lov,~ Density Guide Plan designation; City policy makers will need to determine the desirability and/or advantage of twin home development specifically on this site and, generally; in this area of Eagan characterized by a mix of attached and detached housing. ACTIONS TO BE CONSIDERED To recommend approval of a Comprehensive Land Use Plan Amendment for 4.3 acres of the northeastern portion of the development from Quasi-Public to LD, Low Density Residential. To recommend approval of a Rezoning of 0.58 acres from Agriculture to Public Facility and 4.34 acres from Agriculture to R-2, Residential Double; and 7.8 acres from R-l, Residential Single to R-2 Residential Double, for properties located west of Interstate 35E and east of Blackhawk Road, south of Taconite Trail and Deerwood Drive, in the SE '/4 of Section 20 and SW'/4 of Section 21. (This Rezoning excludes the Johnson property Lot 11, Block 1). To recommend approval of a Preliminary Subdivision (Nature's Point) of 12.8 acres to create 301ots (including Cell tower lot and Johnson property) and 28 twin homes for properties located west of Interstate 35E south of Taconite Trail and Deerwood Drive and east of Blackhawk Road in the SE'/4 of Section 20 and SW'/4 of Section 21; subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, Bl, B2, B3, B4, C1, C2, C4, D1, EI' 2. The property shall be platted. The lot depicted as Lot 1, Block 1 on the Preliminary Plat shall be combined with Lot 2, Block 1 at the time of Final Plat. 3. The grading/ erosion control of the site, and the installation of the public improvements for this development shall be contracted and managed by the City. With the improvements installed under a City contract, the appropriate project shall be approved by Council action prior to final subdivision approval. 4. The developer shall sign a waiver of objection to special assessments for the development grading and the construction of Taconite Trail, and associated public improvements. 5. Temporary easements to allow for the grading and construction of Taconite Trail shall be acquired prior to final subdivision approval of this development, as part of the public improvement project. 6. To provide for adequate City maintenance of the proposed stone sewer pipe on Lots 10/12/13, Block 1, the retaining wall shall not be constructed within 10 feet either side of the pipe. 7. All yard areas shall be graded to provide a 2% minimum grade for positive flow to drainage structures or street curbs. 41 Planning Report - Natwes Point March 22, 2005 Page 13 Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 9. On-site rate-control ponding for the development shall provide storage to contain the 100- year storm event with a rate of runoff equal to the current pre-development conditions. 10. Sewer and water main service pipes, in accordance with City engineering standards, shall be extended to the right-of--way line of all properties adjacent to Taconite Trail; for possible future development; as part of the public improvement project. 11. All existing well and septic systems on the site, if any, shall be abandoned in accordance with Dakota County and City standards as part of this development. 12. A public street shall be constructed within existing and dedicated Taconite Trail right-of- way, from Blackhawk Road to Deenvood Drive, to City engineering standards, as part of the public improvement project. Driveway access and reconstruction to all existing residences, and the cell tower maintenance building, along Taconite Trail shall also be included under the public improvement project. 13. Drainage & utility easements shall be dedicated on the final plat over all existing public utilities within the development site. 14. The developer shall provide with the final plat, or acquire from the adjacent property (Parcel 10-02000-067-75); a 20-foot wide drainage & utility easement, in a foam acceptable to the City Attorney; over the proposed storm sewer pipe on Lot 12, Block 1. 15. Two ponds should be constructed to treat stormwater runoff as proposed. The ponds should have maximum depths of six feet and 10:1 aquatic benches begimling at the normal water levels. 16. A cash dedication in lieu of treatment ponding should be required for the remaining area of the development that will drain untreated to wetlands. 17. The wetland delineation report should be formally accepted as submitted. 18. Minimum 30-foot natural undisturbed wetland buffers should be required around the two wetlands. 19. The developer shall schedule awalk-through of the site occur with the applicant and his representative (an engineer and a certified arborist) to explore the potential of additional tree preservation prior to Final Subdivision. 20. The applicant shall preserve, through contractual tree transplanting with a 90" tree spade (minimum diameter), twenty-two (22) existing spruce trees (#135, 136, 138, 139, 171, i~~ Planning Report -Natures Point March 22.2005 Page 14 172, 175, 176, 1?7; 180; 186, 191; 192, 193, 197; 199, 200, 201, 202, 203, 204, and 205), to be moved to areas indicated on the submitted Preliminary Tree Mitigation Plan. Before a Tree Preservation Plan is approved, the applicant shall hire a tree spade contractor to evaluate the viability of the proposed transplantations and verify in «~riting the ability to successfully move these larger trees. Transplanted trees shall be maintained (mulched and irrigated) for a period of one year by applicant or hired contractor. 21. The applicant shall contact the City Forestry Division and set up apre-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. To recommend approval of a Conditional Use Permit to allow a freestanding commercial cell tower on proposed Lot 17, Block 2 and a Variance to the 300 foot residential setback; subject to the following conditions: 1. A Conditional Use Permit (CUP) shall be recorded within 60 days of approval. 2. The height of the tower shalt remain at 95'. 3. No additional ground equipment shall be added without amending this CUP. 4. Security fencing should be constructed to prevent unwanted trespassers. i~q STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObli~ations 1. This development shall accept its additional financial obligations as defined in the staff's 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 acid ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage 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. i~ 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 Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Ouality Dedication This development shall be responsible for provided 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 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 Approved: August 25, 1987 City Council September 15,1987 Revised:_ July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval 51 i~~~~ 1 Location Map i ''~°~' ~~ © ,~~~ ' 4 ,o ~ 0 ~ II°°°I~I ®_ B 9 d q B 8 d 8A ~ ® 4! ~~ ~ ~~ d ~~ J ~d ~ ® da d ~ •< s ~ oamoap ® ~~ r3 da ~~~ 9- ~•. 9 '*«..... [~ d sa D fl P o q P ; rr,,,ny~ ~ Q ,~ B ~~ ® ~ ~m® o ®o 0 m ®a ~ p~ ,~ ' e ~.' 6 00 m o ,.. ~ 4 Subject Site ~ ~~ ®~~~ ® o o. e b '~~. a '+r,, :. o° o ~ ~~ e o ~ oo a Q mDLI7mm ° <a~ ° D 1D00 0 1000 2000 Feet Development/Developer. Natures Point Application: Prelim Sub., CG Plan Amend, Rezoning, and Variance Case No.: 21-PS-03-02-06, 21-CG-03-02-06, 21-RZ-03-02-06 and 21-VA-04-02-06 Map Prepared using F32SI Arc~ew 7.1. Parse! base map data provided I ' (,~ / N by Dakota County Office of GIS and is current as of April 2005. `" _ f\ ('/....` City of Ea~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. 1 0 - -Eagan Boundary N Right-of-way Parcel Area O Park Area Building Footprint Current Zoning and Comprehensive Guide Plan Land Use Map Natures Point 21-CG-03-02-06, 21-RZ-03-02-06, 21-PS-03-02-06 Zoning Map Current Zoning: A Agriculture R-1 Single Family Residential 600 0 600 1200 Fesi v ~tTTTTT ~ UE1: o oovF V/ PF -~ e A a C s R-1 _3 ~ P R- ®~ '~ ~ R PD Comprehensive Guide Plan :~' ~ LD Land Use Map ~ L ® D ' D L 1l/ QP D Current Land Use Designation: °P LD Low Density (0-4 unitslacre) QP Quasi-Public/Institutional LD ~ LD ~Q, D ~ P MD ~~ 0 60D 72D0 F et y LD . ' ® ` e 600 ~~' ~On Paeel Iwse map Information providsmy Dakota County Land Savey Dapartmed: Decmba 2005. N 1} {' Zoning in/ormatlon malntaMed byCky StaK ~ `~~ Cit Ol EIl ~Il w~E ~) THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 5 ii I . I, awn wnxare ' I, ---_~_____=-=~'II _ \ / li II ~ ~ / I I~I l ` I ;.I 1 ~ ` I '.I f \\ L ~' I II 1 / ( I_ ~~~ a ~~~~ ~' ~ i ICI ~~~~~~ ~ ~ ~ J ~ '',' ' r I . ' I ~ ,~ ~ ~~~~ 1 !~ J~ ,hy I I I ~ p ~' i ( i ' F a ~' ~'~ - - , ii _ ~ I -- ' ~ I °a~ I c~ n`r~ a ,. _Y~ ~•~ Y' ~ ~ ~ I y ~~i . S - I ~. _ ~ l f ~~ I ~ 1 ~ ` ~ ~~~ -~ I,jl I'~I ~~ ~ L , ,, ~ ~ ( I ~~ ~I,I I I ,~ ~~ _~ ~ }, ~ 1 ~ ~ ;'j I ~ ~`~~~ ~~ ~ I' I I ~v • ~ v ~o ~~ \ ~ ~' `lll ~~~~~~ , i:.;• is'il ¢~ ~~'~ ~s~ \\ n ~~\\\~ J / / 'Y \ , ~ 'FI I ~~ ~~ \~~~ ,, s r g ~ l I l d~ 9 /(/ \ \ \ / ~ ~ ~ ~ jr 1 / d ~. 1 ~~ f ~~( ~~ ~~ ~ ~ . ~ ~~ ~ ~ - ~ 3 ~~ ~ ~ ~ - a SF ~~ - N~ ~ ~ ~ _~ _ / ..7~, ~ J / // Q \ .~ SB~ \ . i i n ~ ~ - " \ ^ , 1 d ~~ 1 ~ I ~`~\ . ,`'~'. / / \ \ \ ~ .1' 1 .ry ~ ~ \ ~ ~O ~ Off/ / \ \ ; ~ I'+ C ;f I ^ ~ // \~ ~~, ~ \ ~ / \2oJ, "z ~ ~ \~ \ \ ~ ~ ~ / /~~ \ R~ • U Q s, ~- ~ ~ '`g ~~ ~ \ ~ ~. ** ~ / / / ~ ~ o ~ d \ \ / 00 / Z ~ ~ \ ~/ ~P~ j% B2 ~ w r~ S a ~~ ~ ~ PG~/ h " j . ~ 3s / E Yi t~ w ~~: w $~ / ~ ~ J / a ~~ 1 ~ ~~; E, }~ ~ ffiI~~~~~~~~~Illill ~'d~ ~F ~,a ,~ ~~ ~~~~~~~ ~ ~~ ~ ~~ ~~ ~~ ~~ ,~ ~~ _~ - i ~~~ ~~~ ~~ ~ `~ _ ' 1 -_ __ ;~ - / ~ a ~, ~ R `~ ,~ p x A p ~ ~ p l`. ~ p ~ ~ 3 \\`\ l~. , ~ \ V ~ pp '~ t \\` \\ ~r l >\ ,• `,~ --__ p ~~v~\--- p p e 7 ~ ... ~ \ • w ~ ~ ~ r~r .1 ~ ~ .., ~1 ~ ~ y y l ` ti ,; i _~ ~~ j ~ ~~ \ ~ ~ i~ ( ~ ~ (~ i `~ ~~ / '~~/ ,. ~; \ ~/" .' ~ $ r '- • ~ ~ y `' ~` , n ~ ~~ =~ -----~--. C ~je a ~~,, S`V aj`E a ~ \ S~ r ~ ~Eg~ ~ ~~a~ Y~ \ ~\ ~, ~~ , ~~ ~~ 4 ~ ~ ~s- ~~ ~ ~b~ 0 ?~y?6 23 9Y ~a as ~ ~i3 ~~ ~ w, ~~ \` /'> ,\ ppMppppplp~Mppppppjppppppppypgpppp p Y~2'~1~1{~k~7K~~~~IIlf~~~~YYy~77'EI~Y t~ 9 w 5g M~ ~ ~;~ ~~ rY~ ~~ii _..,......sea~_..........~:rstx:~ ~ ~E~ QE r- p - _~.- ~- .~ ~ ` ~ / e • ~ ~ . \ ~ ~ ~ A ~~ ~ 1 1 ~ / \ ~ 1 .~ ' _ ~ ~ / ~~ e I\ i ~ 7C R K \ '~ ~ 1 ~ ~~~~ i 4 ~~ p I 1 ~~ ~ ~ i ~ 1 ~', ~' / i.1 1 ~ p ~ I 1 ~~ • ~ p ~ r ~, ~ ~- ~' ' /' t, R al I 1 ~ ~ i ~ 1 J <~ i \ `; ~~- 1 \ ~ y~ f; \; \ \ \ ~~ ~\ \: '~ \ ~ ~~ \ \. _\ \ / \ /~ i \ \ _~ ~ ~/ ~/ /ice i '~~ / ~~ i .N(- '~,; ~ :~ \_\ ~ i /.` i ~ a .: ' ~' \\ ~ ~ $9 ~ Ra y a8 ~ ~ A 4 ~ \\'.\ c ~ ~R ~ ~~ 6~~ 8~ $ ~~ ~ ~ ~~ SAX ~ r ~ $ ~ ~ ~ g ~ R ~~ $ a ~ ~ ~! ~ ~ Z. 7 7 F 1 r ~ \\ ~_ i { ( `~/ ~\ ' ~~ ~ ~ ! p t~ iii ~ ~qo \ ~\ 'mod ~/ / ,/~ ~ 'I \\ ~~/ i '~ / m~ ~ k r- \ ~ V ' ~ \\ / ~ ~ ~ ~ ~ ~ \ ` c t _ _ .o._ ~ > ~ o '° ' r qb \ \ ~ `` ~ ` i ~ ~y ^ \ ` ~ i~` \ \ \ ,\ [t \ JJ ~ ~ ~ ~ ~~ ~~ \ a ~ i. , ~j " \ a w- 6 ` \ ~ / ~ ` \ 1 ~~ ~ ' + / ~ f f ~ ~- ~ .~ ~ . J 4--+ ~ ~ - #- .~ r.~ -~ J i f7 ~ ~ ~N+ ~ ~ v ~ 6 ~ ~~ ~ - ~~ --_~ - ~a 1 ~- _ J , i ~ ' -_-_ _ !~ ~ ~~ ~~~ ` g ~ \ ~ ~ a~ Ilflf~ ~ ~~ ~~,~ ~ ~~ ~~~ ,a ~ ~~~ ~ ~~~~ ~ x ~ ~ ~~ ; ~~~~~ ~~ b ~ -0 rn c~ 3 ~ ~ ~` X111 ~ ~] Ei=r. ~~~ ~~J r-~ ~ 7 I'I I. Ij ~ ( I~ ~ ( ~ I i;I ~!~ ~~ I iii I •'I ~~ /~~ ~ ~~~ ~ I '~I ~' -- t > I, / ~ ~ f ~ Iii ~) ;~, f '~ i~ <~«~ f I ~i ~ I ~ ~~ ~ I,I ~ I •;I ~ ~' J \ -- I ' `I _ =-~ I li --~ ' I I li I I '~l~ ~I, ~ 1 Ilil $~ a~ l ~B ~~f p c ~'y. q` y;~~~~4iF g• 4~ s ~"°` ! ~ / F J / / \(( ~ ~i i I f` ~ O 1 I - .~ .~ I / l~- ~ (II o~4 3 Iii ~i9 k ~' _~~ / ` ~~ ~ ~ ~ I ~ ''~ ' a o ~ ~ ,. ;. I ,~ 1 ~ ', I ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ' . l . II I I 1„ ~., i~./~ I ~ J ~ 1 II "~'~ O ~ r' CI I ~~ ~ \ 1a _ ~ ~~ ~ c \ p' ~ \ ~ ~ '' R d I ~ k \\ ' f sl ~/ \ ~ ~ ~ ~ ~, ~ ~ ~ ~ ~ J''i~~~. ,A / \ ~ ,, ~ ~ \ d \ s R~ ~~ \ ~~ T ~~ \ ~' ~ ~ rfr ~ ~`~~~ ~~ / ~~% ~~ J j i~ Ij __,___,___,!-L-- __-________-~- arou ~ri.opvie _ ~ _ _ _ _ _ - ____ - ----------7 i 1 ~I~ ~ ~ ill l ~ i ;il i l l o S~ S _____~ J li Qe -~_~-- ~-' 1 i i l a .__ - ~ ~ i ee ~ o c.~ ~,fl ~ ~~I oAser ~'J n sa ~~da .~ ~ ~ I ~ ~: fay r y 0 ~7d. ~i~ ~"Flt's a~4 ° y f =_i_= ~ ~ I ~ ~ '~f~ f 1~~°~f f fir` f~~I~ ~ ~X N f ~a'eF ~.?' ,~• ~ I F ta° ~/ //, .~ ~ ~ ~ ~ . _ I ~ ~d ~o. ~Yi ~ ,~ F, ~ -"E, ,.l ,_ iI .~R ~ a ~---_-__-- ~ ;~~--------_ _~ -~~ ~ ~,I~~ I _~ ~ II k - ~ _s i ~ I~~ ~ 'i ~ ~ ~ o Y~ ,`~ ~ i ~ i aa~Y_ \ / \ ~ ~~ ,, ~~~ ~ \ ~,. \ ~' :s~ ~$~ ~~ ~~~~£; ~~'J ,a m Proposed by: EPIC DEVELOPMENT X, LLC. February 1 S, 2006 REpUEST Epic Development X, LLC. (Epic) is requesting approval to develop 28 Twinhomes (R-2, Residential Double) on a 12.8 ± acre site. The property is proposed to be zoned 1/avv ~-~-- );-e~s~-l~sial and guided for Low Density Residential. The project is being proposed as a conforming development with a minor variance on the cell tower site. SITE CONDITIONS The property generally lies south of Deerwood Drive, easterly of Blackhawk Road and is bordered by Interstate 35E on its east boundary. Currently the site is a combination of grass area, trees, two existing homes and a telecommunications tower. The site is proposed to be graded to take advantage of the natural topography and to tie into adjacent land areas. The project proposes construction of two ponds which will treat. quality (NURP) of stormwater. Both ponds are designed to meet City and Watershed requirements. The project also proposes to install an outlet for the existing wetland which is currently land locked without an overflow. The site has been inventoried for significant trees in accordance with the City's ordinance. A tabulation of this inventory is provided for review. PROPOSED HOMES The proposed twinhomes are all proposed to be custom built in general conformance to the house type as shown on the proposed grading plan. This custom design will also provide architectural diversity regarding color schemes, window sizes and types, and other architectural features. Both existing homes on the site are proposed to be removed. ACCESS & TRAFFIC ISSUES Vehicle access to and from the development will be at two locations. The project proposes to complete the construction of Taconite Trail generally within the existing right of way adjacent to the property. The road is proposed to be re-aligned, outside of the existing right of way to preserve the existing wetland at the easterly end of the existing right of way. This road would be extended via new proposed right of way to connect to Deerwood Drive. This design will provide the connection as desired by staff. Trip generation will be approximately 10-11 trips per day for a typical twin home. The existing roadway infrastructure is capable of handling this minimal number of trip traffic. is 1X03 UTILITIES We are proposing to extend mainline watennain and sanitary sewer from Blackhawk Road and through the project. The watennain is proposed to be looped back to Deerwood Drive per standard engineering guidelines. As mentioned above, the stonnwater will be collected via stone sewer system and discharged to two NURP ponds within the project. DENSITY The proposed density of this development is 2.2 unitslacre gross. This compares very favorably to other twinhome projects within the City and the most recent project Pearlmont Heights which was at 3.86 units/acre gross. The project has been designed to meet Building Coverage requirements per City Code and will not exceed 20% on any individual lot. We feel that the R-2 zoning designation is appropriate for the site due to the surrounding land uses. The project is adjacent to a higher density development to the south and also Interstate 35 to the east. We feel this is a great transition use and also with the low density of 2.2 units per acre that it is an appropriate use. BASIS FOR APPROVAL OF REQUEST As the project proposes no variances (regarding lot sizes and building setbacks) and is conforming to the R-2 zoning district, we respectfully request approval for this project. This new submittal has two significant advantages over the previous plan presented to the City. The most significant is the preservation, in whole, of the existing wetland at the end of Taconite Trail. We are able to accomplish this by proposing a new right of way, through our project, which goes around this wetland. We are proposing no wetland fill or modification with this project. The other change has been the preservation of additional trees from the previous submittal due to the re-configuration. Regarding the cell tower site, we are requesting a variance to allow a reduced setback from the existing cell tower to a residential lot. We feel this is appropriate based on the fact that all homes affected by this will be built after full knowledge of the cell tower location as an existing condition. We look forward to working with the Planning Commission and City Council and completing the proposed project. ~~Ve feel that it will be a great asset to the beautiful City of Eagan and a great place for its residents. DEVELOPER Epic Development X, LLC. 9820 Sky Lane Eden Prairie, MN 55347 612-730-2814 ENGINEER Ryan Engineering, Inc. 434 Lake Street Excelsior, MN 952-380-5000 I(v~F Page 1 of 1 jodie henjum From: "jodie henjum" <morriejodie@msn.com> To: <jgorder@cityofeagan.com> Cc: "Morrie 8~ Jodie Henjum" <morriejodie@msn.com> Sent: Monday, April 03, 2006 11:00 AM Subject: Nature's Point Development Monday, April 3, X006 To the City Council Menbers and John Gorder, City Engineer Dear Mr. Gorder and Council Members, Thank you for meeting with us this morning, Mr. Gorder. We reside at 1718 Deerwood Drive and 1724 Deerwood Drive. Our utility service, sewer and water, and road access are on Deerwood Drive. We will soon be assessed for Deerwood Drive improvements, which is expected as these improvements will benefit us. The proposed Nature's Point Development, including the development of Taconite Trail, will be of no benefit to us. We have never accessed the dirt road to the rear of our properties due to the contour of the land, which includes a steep rise. The planned development of Taconite Trail will have a fifteen foot retaining wall to support the road behind our properties. We will have no access to the road, no use of any utilities, sewer, water. The only benefit we have had, the view of existing natural flora and fauna, will now be blocked by a fifteen foot retainer wall. The back portions of our properties have wetland similarities. At times there are actual ponds. The soil has a wet, spongy texture about half of the year, and the slopes continue to settle. We feel the land would be near to impossible to develop, and we have no intention of ever developing it. We are retired residents on fixed incomes. We wilt have no benefits from the road, and no access. We do not feel that we should be assessed in any way for the development of Taconite Trail. There possibly may be some benefit for the Electric Company with their station that abuts the road. And there certainly will be benefit for the developer of Nature's Point. We feel that those who benefit should be those who pay. Thank you again for your consideration. Sincerely Jodie and Morrie Henjum Leroy and Karen Grant 1 l.(~~ 4/3/2006 March 28, 2006 Advisory Planning Commission Minutes Page 5 C. Natures Point Applicant Name: Epic Development X, LLC Location: 1620 Deerwood Drive; See Map Application: Comprehensive Guide Plan Amendment Comprehensive Guide Plan Amendment to change portion of lot from Quasi Public (QP) to Low Density (LD). File Number: 21-CG-03-02-06 Application: Rezoning To rezone 4 acres from Agriculture to R-2 residential double, .58 acres from Agriculture to PF, Public Facility, and 7.8 acres from R-1, single family residential to R-2 residential double File Number: 21-RZ-03-02-06 Application: Preliminary Subdivision Preliminary Subdivision of 12.8 acres to create 31 lots for 28 twinhomes. File Number: 21-PS-03-02-06 ~' Application: Conditional Use Permit A Conditional Use Permit to allow a cell tower in the Public Facility zoning District. File Number: 21-CU-02-02-06 Application: Variance A variance to the setback requirement for the existing cell tower _ _ _ File Number: 21-VA-04-02-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 23, 2006. She noted the background and history. Perry Ryan, Epic Development X, LLC discussed items that have changed since the original application. Chair Heyl opened the public hearing. Ken Sangren, 1706 Deerwood Drive, stated concern for the wildlife and a preference for R-1 zoning. Morris Henjum, 1718 Deerwood Drive, stated concern for assessments being charged to those who will not benefit from the utility and access improvements and the traffic due to the Taconite __ Trail connection with both Blackhawk Road and Deerwood Drive. Patrick Koehler, 1700 Deerwood Drive,; stated he is not opposed to new neighbors; however, he is concerned about stormwater run-off in existing low areas of the site. Brian Bram, 1730 Taconite Trail, stated concern for drainage next to his property. He stated the City will need acquisition of the drainage easement. He also stated concern for the trees that are not marked on the plans. Lynn Keefer, Meadowlark Home Owners Association, 1743 Meadowlark Road, stated his concern for the drainage pond, mosquitoes, the loss of wildlife, and the increase in traffic. Assistant City Engineer John Gorder discussed the two proposed holding ponds. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Gorder discussed drainage on Deerwood Drive and Meadowlark Drive. He discussed access points and the total trips per day. He discussed the acquisition of the utility easement. Staff explained the variance of the cell tower and the design and safeguards of such towers. ~(n' /~ March 28, 2006 Advisory Planning Commission Minutes Page 6 Mr. Gorder stated the proposed ponding and stormwater management is compliant with City standards. Mr. Ryan stated the buffer requirements are being met. He discussed grading and the tree preservation along the wetland. He discussed the effects of noise from 35E and stated much of the area has a natural buffer, however berming, a noise wall and construction techniques will be considered. Member Gladhill stated concern that changing the Comprehensive Guild Plan and zoning to accommodate this development is not justified and is not in the best interest of the City. The Advisory Planning Commission, Staff and the Developer discussed the location and maintenance requirements of retaining walls within the development. Chair Heyl stated the subject property is not a premiere development-site; however, the developer has made every effort to avoid wetlands and maintain buffers-and by preserving trees. She stated she believes the development for twinhome..s is very appropriate for the site. Member Gladhill stated opposition to twinhomes. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Comprehensive Land Use Plan Amendment for 4.3 acres of the northeastern portion of the development from Quasi-Public to LD, Low Density Residential. A vote was taken. Aye: Chair Heyl, Members Bendt, Hansen, Chavez,-and. Dugan. Nay: Member Gladhill Motion carried 5-1. Member Bendt moved; Member Hansen seconded a motion to recommend approval of a Rezoning of 0.58 acres fromAgriculture to Public Facility and 4.34 acres from Agriculture to R- 2, Residential Double; and 78 acres from R-1, Residential Single to R-2 Residential •Double, for properties located west of Interstate 35E and east of Blackhawk Road, south of Taconite Trail and Deerwood Drive, in the SE '/4 of Section 20 and SW '/ of Section 21. (This Rezoning excludes the Johnson property Lot 11,-Block 1). A vote was taken. Aye: Chair Heyl Members Bendt, Hansen, Chavez, and Dugan. Nay: Member Gladhill. Motion carried 5-1. Member Bendt moved, Chair Heyl seconded a motion to recommend approval of a Preliminary Subdivision (Nature's Point) of 12.8 acres to create 30 lots (including Cell tower lot and Johnson property) and 28 twin homes for properties located west of Interstate 35E south of Taconite Trail and Deerwood Drive and east of Blackhawk Road in the SE '/< of Section 20 and SW '/d of Section 21 subject to the following conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C4, D1, E1' 2. The property shall be platted. The lot depicted as Lot 1, Block 1 on the Preliminary Plat shall be combined with Lot 2, Block 1 at the time of Final Plat. 1~~ March 28, 2006 Advisory Planning Commission Minutes Page 7 3. The installation of the public improvements for this development shall be contracted and managed by the City. With the improvements installed under a City contract, the appropriate project shall be approved by Council action prior to final subdivision approval. 4. The developer shall sign a waiver of objection to special assessments for the development grading and the construction of Taconite Trail, and associated public improvements. 5. Temporary easements to allow for the grading and construction of Taconite Trail shall be acquired prior to final subdivision approval of this development, as part of the public improvement project. 6. To provide for adequate City maintenance of the proposed storm sewer pipe on Lots 10112/13, Block 1, the retaining wall shall not be constructed within 10 feet either side of the pipe. 7. All yard areas shall be graded to provide a 2% minimum grade for positive flow to drainage structures or street curbs. - 8. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 9. On-site rate-control ponding for the development shall provide storage to contain the _. 100-year storm event with a rate of runoff equal to the current pre-development conditions. 10. Sewer and water main service pipes, in accordance with City engineering standards, shall be extended to the right-of-way line of all properties adjacent to Taconite Trail, for possible future development, as part of the public improvement project. _ 11. All existing well and septic systems on the site, if any, shall be abandoned in accordance with Dakota County and City standards as part of this development. 12. A public street shall be constructed within existing grid dedicated Taconite Trail right-of way, from Blackhawk Road to Deerwood Drive, to City engineering standards, as part of the public improvement project. Driveway access and reconstruction to all existing residences, and the cell tower maintenance building, along Taconite Trail shall also be included under the public improvement project.- 13. Drainage & utility easements shall be dedicated on the final plat over all existing public utilities within the development site. 14. The developer shall provide with the final plat, or acquire from the adjacent property (Parcel 10-02000=067-75), a 20-foot wide drainage & utility easement, in a form acceptable to the City Attorney, over the proposed storm sewer pipe on Lot 12, Block 1. 15. Two ponds should be constructed to treat stormwater runoff as proposed. The ponds should have maximum`depths of six feet and 10:1 aquatic benches beginning at the normal water levels. 16. A cash dedication in lieu of treatment ponding should be required for the remaining area of the development that will drain untreated to wetlands. 17.:~ The wetland delineation report should be formally accepted as submitted. 18. Minimum 30-foot natural undisturbed wetland buffers should be required around the two wetlands. - 19. The developer shall schedule awalk-through of the site occur with the applicant and his representative (an engineer and a certified arborist) to explore the potential of additional tree preservation prior to Final Subdivision. 20. The applicant shall preserve, through contractual tree transplanting with a 90" tree spade (minimum diameter), twenty-two (22) existing spruce trees (#135, 136, 138, 139, 171, 172, 175, 176, 177, 180, 186, 191, 192, 193, 197, 199, 200, 201, 202, 203, 204, and 205), to be moved to areas indicated on the submitted Preliminary Tree Mitigation Plan. Before a Tree Preservation Plan is approved, the applicant shall hire a tree spade contractor to evaluate the viability of the proposed transplantations and verify in writing the ability to successfully move these larger trees. Transplanted trees shall be maintained (mulched and irrigated) for a period of one year by applicant or hired contractor. 21. The applicant shall contact the City Forestry Division and set up apre-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 Tr e Protection Fencing. ~ ! 22. Maintenance agreement in a form acceptable with the City Attorney `J-t/l March 28, 2006 Advisory Planning Commission Minutes Page 8 23. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans': Also, all personnel responsible for installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Member Bendt stated a lot of good work has been done since the APC first saw a development proposal for this site a year ago. Chair Heyl agreed with Member Bendt. A vote was taken. Aye: Chair Heyl, Members Bendt, Hansen, Chavez, and Dugan. Nay: Member Gladhill. Motion carried 5-1. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Conditional Use Permit to allow a freestanding commercial-cehl tower on proposed Lot 17, Block 2 and a Variance to the 300 foot residential setback subject to the following conditions: 1. A Conditional Use Permit (CUP) shall be recorded within 60 days of approval. 2. The height of the tower shall remain at 95" 3. No additional ground equipment shall be added without amending this CUP. .. ........ 4. Security fencing should be constructed to prevent unvvanted trespassers. Chair Heyl stated favor of the proposal because-the City has granted it in previous situations. All voted in favor. Motion carried 6-0. i~ ature's Point Development John Gorder From: Koehler, Simone (STP) [Simone. Widerski@guidant.com] Sent: Tuesday, April 11, 2006 9:43 AM To: John Gorder Cc: Patrick Koehler Ins Agy In Subject: Nature's Point Development Page 1 of 1 ello John, at and I are the neighbors at 1700 Deerwood Drive. We would appreciate it if you could forward this to the City Council members ~r review before the April 18th meeting. Je can understand the city allowing development of a marginal piece of property with future risk of flooding to enhance its tax base. Je cannot understand assessing present property owners/voters for the developers' incurred costs for streets, sewer, etc. The ~veloper has publicly said he is willing to bear these costs. Your present constituants have these improvements (Taconite Trail) in nd paid for already. To charge taxpayers twice for something that clearly is a denigation of their property value, while giving the eveloper a free ride appears to be government by special interest. incerely, at and Simone Koehler 4/11/2006 / ~~ Page 1 of 1 John Gorder From: Karen Grant [Ikgrant83@unique-software.com] Sent: Sunday, April 09, 2006 7:32 PM To: John Gorder Subject: Nature's Point Development Sunday April 9,2006 To the City Council Members and John Gorder, City Engineer Dear Mr. Gorder and Council Members; We reside at •1724 Deerwood Drive,and would like our voice to be heard in the proposed Nature's Point development as far as being charged for any accessments with the planned development including the development of Taconite Trail which would be of no benefit to us. We have never accessed the dirt road to the rear of our property due to the contour of the land, which includes a steep rise. The proposed development of Taconite Trail will have a retaining wall to support the road behind our property. We will have no access to the road,nor any use of the proposed utilities. The back portion of our property has wetland, at times we have standing water and the soil has a wet,spongy texture over half of the year and the slopes continue to settle. LeRoy and I feel it would be near impossible to develop and we have no intention of ever developing it. Thank you for your consideration of this issue. Sincerely, Leroy and Karen Grant FREE Emoticons for your email! Click Here! X71 4/10/2006 John Gorder From: Jodie henjum (morriejodie@msn.com] Sent: Sunday, April 09, 2006 4:18 PM To: John Gorder Cc: morriejodie@msn.com; Imjnlisk@juno.com; simone.koehler@guidant.com; darlpam@msn.com; ksangren@msn.com; Ikgrant83@unique_sofiware.com; m b e rg a r@g ress a rco. co m Subject: Meeting with neighbors re: Nature's Point Hi, John, I am currently in a meeting with our neighbors, owners of the five properties on Deerwood Drive and two on Taconite Trail. During the meeting it was discussed that the proposed Taconite Trail development is not on the city easement as originally plotted. It has been moved south, and the origination at Blackhawk Road may actually be within the property now owned by Kate and Eric Levine. It furthermore was brought out that the Levine property has been purchased by Epic Development. The city may not know this fact. The proposed development of the Levine property will be single family homes. Since the Taconite Trail Road is not on the original easement, and as designed, will curve around the development of Nature's Point rather than. be an actual through road as on the city plan, this is further indication that the road is truly a Nature's Point development road. The developer, not the city, and not the current residents, should pay in entirety for its development. If the newly purchased Levine property is to be part of the development, perhaps it would be prudent to have the origination of the Taconite/Nature's Point development road farther south of the Deerwood intersection. That would avoid further congestion at the intersection of Deerwood Dr and Blackhawk Road. The current Taconite Trail road is in close proximity to the intersecection, and it will be a traffic hazard with development hiomeowners trying to enter onto Blackhawk near the intersection. The city may also be unaware that the property owned by Karen Ferguson, which was supposedly purchased by Epic Development, and is a large portion of the Nature's Point may be in litigation at this point. The neighbors think that it may still be owned by Karen Ferguson. We feel the city, if unaware, may want to look into the status of the property ownership. Again, we greatly appreciate your help forwarding this email to the City Council members for the April 18th meeting. Sincerely, Jodie and Morris Henjum Ken Sangren Pat and Simone Koehler Leroy and Karen Grant Leroy and MaryJean Lisk Michelle and Jeff Berger Pam and Darl Schoenenberger I~~ 1 Page 1 of 1 John Gorder From: Jodie henjum [morriejodie@msn.com] Sent: Thursday, April 06, 2006 1:46 PM To: John Gorder Subject: Nature's Point Development Dear Mr. Gorder, We have come up with a couple of other points regarding the ten to fifteen foot retaining wall planned for the Taconite Trail development at the rear of our property. The wall will completely isolate us from the forest beyond. In the past we have been able to walk up the slope onto the dirt road for strolls through the forest. With the retaining wall, we will no longer have ANY access to the road or the area beyond the road. We will essentially be completely isolated onto our property. ~ Also, in the event of a need to escape from fire, we will no longer have access to the rear. Finally, any fire or police protection would have a difficult time accessing our property from a fifteen foot high road with a fence. This is a further example of how we will in no way benefit from this road, and therefore feel we should not be assessed for its development. Please again forward this email to the city council members. We again thank you for your assistance. Sincerely, Jodie & Morrie Henjum I'73 1i~i2oo6 Agenda Information Memo Apri118, 2006 Eagan City Council Meeting C. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11, Section 11.60, Subd. 23, Cedar Grove District (CGD) in regard to Design Review and direct the City Attorney to prepare and publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - As a result of the dissolution the City's Economic Development Commission (EDC), a modification to Chapter 11, Section 11.60, Subd. 23 Cedar Grove District (CGD) is necessary. - From its inception, the CGD ordinance stipulated that the EDC, or a subcommittee of same, would function as the Design Review Committee for the Cedar Grove area. - Beings that this is no longer possible; the attached draft amendment shifts the Design Review to the APC as part of their normal review process. - The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of March 28, 2006. ATTACHMENTS: (1) Draft Ordinance Amendment language on page I (K. 11U A. Administration. 1. Cedar Grove Design Review. The Advisory Planning Commission (APCI will identify design review conformance as Dart of their standard land use and zoning review for applications in the CGD. }l.`....-. nl-;..ten .-.~ 41,., r'r...,.m;4~~~ n ~___ _______.Q __ __._ ______-___-~. a ~~~ ~ ~ F a z ~-n ~ LY~t'tt'~: r. ~~r, ~ r, rl Eei r€er-mcrr~ce-yr-~he- j3ivP6sek~~TC eki~3i~cnc~-:'vT .,L _ ~. mmc~reE6xiaiteil'~uaczoi--rTt6 ttK: n--Tirri~~rs--~5~.Ji"vr=c--urcc`-~~ ~_ i75 Agenda Information Memo Apri118, 2006, Eagan City Council Meeting D. AUTHORIZATION FOR RESOLUTION OF GREYHAWK EASEMENT ACQUISITION ACTION TO BE CONSIDERED: To provide staff and the City Attorney direction to: - Negotiate directly with the single family property owner to secure a trail easement in the current trail location (or at a location near the back of the curb and constructing a new trail at that location). Or - Study the feasibility and cost of building a new trail on the south side of the street. Or - Pursue the acquisition of a trail easement at the current trail location (or at a location near the back of the curb) through eminent domain. Or - Require the developer to continue efforts to acquire the trail easement as an obligation of the development agreement. FACTS: - The Greyhawk subdivision and Planned Development was approved by the City in 2002, and the plat was recorded in December 2002. - Greyhawk 2°d Addition was approved and recorded in 2003. Greyhawk 2nd Addition adjusted the internal street alignment and reconfigured some of the townhome lots due to poor soil conditions revealed upon initial construction. - The development site contained an existing single-family home which remained on a separate lot post-development. - The development was designed with the existing single-family home taking access via the private street serving the townhome development, and a trail through the townhome development connecting to Blackhawk Road over the single-family lot. - A dispute has arisen between the owner of the single-family lot and the townhome association concerning the private street and maintenance obligations. In addition, the owner of the single-family residence has parked vehicles on his property in a location that obstructs the association's use of the trail. ~7~ - City staff and the City Attorney have been directed to prepare some background information and outline alternative options for the City Council to consider for resolving the issue concerning the trail. - A memo from the City Attorney establishing a more detailed background of this matter and outlining options for resolving the trail issue is attached. - Regarding item C-iii in the attached memo, if the City proceeds with acquisition of a trail easement, one option might be to reconstruct the trail closer to the curb line of the private street. This would presumably reduce the cost of easement acquisition, but result in additional costs to construct a new trail, additional tree loss, and the existing trail would likely remain as the City cannot require it to be removed. Acquisition of an easement over the existing trail may be more expensive because a larger portion of the owner's property would be affected by the encumbrance associated with the easement, but there would be no additional tree loss and no costs to reconstruct the trail. - Under all of the options under which the City would step in and take action, it is assumed that the costs of such action would be covered by the financial security that remains under the development agreement. - If direction is given to pursue acquisition by eminent domain, the City Attorney will prepare the appropriate background for a formal action in that regard at a future Council meeting. At that time, the City would document that the connection of the public trail system to the neighborhood's private trail system over a separately owned parcel constitutes a public use. ATTACHMENTS (2): - Memo from City Attorney Bob Bauer dated April 13, 2006 on pages ~ 78 through - Site map on page ~~ 117 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952)432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonsheldon.com DIRECT DInL:(952)953-8847 TO: Jon Hohenstein, Community Development Director FROM: Robert B. Bauer, City Attorney DATE: April 13, 2006 RE: Greyhawk Addition Easement Issues Our File Nos. 206-20135 and 206-21264 Jon, In response to your Apri17, 2006, memo, we provide the following information concerning the outstanding issues for the Greyhawk development: BACKGROUND Developer Mark Gergen and Associates, Inc. obtained approval from the City for the developments known as Greyhawk Addition and Greyhawk 2nd Addition. The development consists of 44 townhomes and one lot contains asingle-family residence. The internal roads within the development are private roads that are maintained by the Association. A private trail was also constructed adjacent to the street. The Developer provided our office with the declaration and association documents and the Developer indicated that an easement maintenance agreement would be executed with regard to Lot 1, Block 1 (an existing single- family residence) for access to the private road and also that an easement for trail purposes over and across Lot 1, Block 1 would be granted in favor of the Association and the private trail would be maintained by the Association. The driveway access from Lot 1 to the private street and the trail are also depicted on the site plan in the planned development agreement that was approved by the City. The trail was constructed for private use by the homeowners in the development. The Developer paid trail dedication fees to the City in the amount of $8,052.00. It is our understanding that the Developer owned the single-family residence on Lot 1, Block 1 and subsequently sold his property to a third party. However, prior to the conveyance of the real ng Jon Hohenstein, Community Development Director April 13, 2006 Page 2 estate, the Developer neglected to execute the easements and record the same with the County Recorder. A dispute has now arisen between the owner of the single-family residence and the Association concerning the private street and maintenance obligations. In addition, the owner of the single-family residence has parked vehicles on his property in a location that obstructs the Association's use of the trail. Our office notified the Developer last October by certified mail that a default may exist under the development agreement relating to the above issues, and unless the same was cured, the City would not release the remaining $65,000.00 letter of credit. I have spoken with the Developer's representative, Mark Gergen, concerning the status of the easement issues. Mr. Gergen indicated that he is in negotiations with the property owner, however, he has been unsuccessful. CURRENT OUTSTANDING ISSUES I provide the following response to your questions: A. Is a driveway access easement necessary for the single-family homeowner to utilize the private street? Response: Unknown. We have not researched the title to determine what rights, if any, the single-family parcel would have to the private street. B. Does the City have the authority to reimburse the homeowner's association for attorneys' fees expended to date. Response: No. C. What options are available to the City concerning the trail and what is the approximate timeline? Response: (i) Negotiation with Property Owner. The City can negotiate with the property owner and offer additional compensation for the trail easement and presumably use the Developer's security for payment to the property owner. From my discussions with Mr. Gergen, I believe his last offer was the sum of $10,000.00 to the property owner for the trail easement. (ii) Construct a New Trail on the Other Side of the Street.. It is possible that a new trail could be constructed on the other side of the street, however, engineering would need to determine whether the trail construction is feasible. This will likely require the affected property owners to convey a new trail easement to the association and arrange for the ~-re Jon Hohenstein, Community Development Director April 13, 2006 Page 3 construction of anew trail, and presumably use the Developer's security for the construction costs. (iii) Acquisition of the Easement Through Eminent Domain. If the property owner is unwilling to convey the easement and construction of a new trail is not feasible, the City Council can determine whether there is a public purpose and whether there is a public need to acquire a trail easement through the use of eminent domain. To avoid a subsequent dispute with the Developer, it may be appropriate to have the Developer make a formal request that the City acquire the easement through eminent domain and that it is able to draw on the letter of credit for any and all costs associated with the action. The City would then obtain an appraisal for the proposed trail acquisition and offer the appraised value to the property owner. If unsuccessful in negotiation, the City would need to establish a public purpose at a hearing in Dakota County district court. If approved, the eminent domain process would likely take one year. Should you have any questions concerning this matter, please feel free to give me a call. EXHIBIT C ~ ; ~ ~ _ ~ Y Y<~~ a c° ~ n Q .,„~L3 _ ~e a .. ~ ! ° ~_ ~~ wv .u ? O O '^ N J ~ ~y p ~ N i j n ~ ~ ry~ '~ y ~ q f W i5 ~ d w I I °- ~ ~~- v ~~~3~ i 2 g~ ~Wa -: 3 ° - ° 3" ii@ ~ <~ „3~ Y =' ~ 3~ •~ "fit I~ o p • i; ~'~ ~¢':` i yl~°~y'°~go~'S 6~ - X30 5 x s I y~3j~ $~ ~$$~~~ ~~~ II J°~~g g3g~S° i 8 ,, ~~ O 2 > >, 2 ./ 4c ~ rs MCP ~O' I.' i ~'\ ~' dp , e - 4 POO P~~ P' ~/ ~ J ,~o /~ \ •' Y< •'e'i 1 Hwy 1y 0 ,( .'` `,` `` ; _ e tY]~,T / ~ w ^ +..1[yi shy Qa ~} ~ E `fix ~ •/~(~,(I/y) yet+t ~ .rw a ~. ' a ~ a I j ~ I :~ "~ "a\. N M c ~1~ii1 ~i ~ ex o ``~ ,~ 1 J II I 1 ~ ~ ~, ; ~f~i ~ ~R , ~ ~ 3 is ~ '\ i -L_I r ~ i d ,`,1 ~ _ ~ M1e I w b ', ;' ' i I r- ~i i 1 z I' 3'=~ a; ~ .i.. j1 I 1; I o.bT qI - --- I I ?; • as ~ il~ I i t I IJ I ~ I..-'.-_1 .I j \, I ^ ~'} Y~ I I I I I ~ I A I ~I 1 1 ` i ! 1 ~l i~~^t ~ - 1° Y3i I ! 1 ~ il• I 1 -----1 ``. \~~~~'~.:r r I' a /1 I~ .. .y1 ~. I ~ I! I Y I4 I ! --------• I o i ~a l I .~ ~~rr it -I i' t 3~, I~ ,i I 3 I I d~ i i .. ~ ~., `•,~~ / ~- - ~~ III I ~ J I ° I o 1 J'AC~ ~•'~ .~ ~ «9r3 •I I ^ ii i ~ ~ ~ ~ i 1 ' '?'~ ) ~ t.; .'u I ' -~ a- ~t) '' ~ ~ 1 1 ~ If I ~ : ~ I 1 ~ ~' (/ i~ ii}~ it I r ; ' e $ 3 I I ~~ ~ ~ \ ~~ii}r i' I ~ j' i ~ I I i I i 3 W ~~~ ~\ ^ !~i~ ~ I; i I i o u ~fii~ ~ I I i j i 1 i i ,I rf '• '4 ~'~ \`` w``\ it I .' / i d~ ~ ~ I ~ .vti a I ,` •~ ~, ~ , i~~ SAY ~ 9 \ `~~ ~~ 7'~ '~ ~ 1 rdd ~ \ ~' , `~ ~ ~ SITE 8~ LIGHTING PLAN - - - ~:_ ~I