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11/06/2000 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 6, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. RECOGNITIONS & PRESENTATIONS p a, A. NATIONAL Red Ribbon Week r V. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS VL CONSENT AGENDA 3 A. fB. 6 ' C. riD. fg E. Pit F. j"' G. H. P3y1. P3.5'K. P31L. P3gM. p P39N. P` °°. Py6Q. P'r. VII. 6:45 - PUBLIC HEARINGS PERSONNEL ITEMS APPROVE temporary on -sale liquor license for the Southwest Area YMCA for November 11, 2000 and WAIVE the application fee APPROVE Lawful Gambling Exemption Permit for the Burnsville Rotary to conduct raffles at Royal Cliff on December 2, 2000 APPROVE Lawful Gambling Exemption Permit for the Minnesota South Metro Chapter Deer Hunters Assocation to conduct raffles at Royal Cliff on February 23, 2001 AUTHORIZE renewal of the Dakota County cross-country trails agreement APPROVE Gun Club Lake Watershed Management Organization grant application APPROVE purchase agreement, 3811 Alder Lane SCHEDULE Cedar/13 Concept Refinement Open House for November 28, 2000 CONTRACT 00-02, Final Payment/Acceptance (Hilltop Estates — Street Rehabilitation) CONTRACT 00-09D, Approve Change Order #1, North Water Treatment Plant (Re -roofing) APPROVE Completion of Fire Administration Construction Project PROJECT 96 -BB, Acknowledge Completion / Authorize City Maintenance (Gardenwood Ponds 2nd Addition - Street & Utility Improvements) PROJECT 98 -EE, Acknowledge Completion / Authorize City Maintenance (Eagan Woods Office Park 2nd Addition - Street & Utility Improvements) PROJECT 99-A, Acknowledge Completion / Authorize City Maintenance (Gardenwood Ponds 4th Addition - Street & Utility Improvements) LICENSE renewals for the year 2001, trash hauler, tree contractor and tobacco licenses APPROVE Construction/Demo license for 1 -800 -GOT -JUNK for 2001 APPROVE acquisition of weed harvester from the City of Bloomington PROJECT 742, Approve Assessment Agreement (Wescott Woodlands — Vinge) p Lig A. VACATE Public Drainage & Utility Easement (Murphy Farm, Lot 2, Block 2) rill B. CERTIFICATION of delinquent utilities 3C. CERTIFICATION of false alarms III. OLD BUSINESS 6$ A. REVIEW Comprehensive Guide Plan response to Metropolitan Council P e�B. JULY STORM UPDATE, CONSIDER additional engineering analysis and SCHEDULE Special 7 City Council Dates for Storm Drainage Report Neighborhood Meetings /097. CONSIDER schedule for Solicitation of Consulting Engineering Services IX. NEW BUSINESS ODCIA. REZONING & PRELIMINARY SUBDIVISION — Manley Bros. Construction, allowing for a rezoning of approximately 1.09 acres from R-1 (Single Family) to PD (Planned Development), a Preliminary Subdivision and Preliminary Planned Development (Woodhaven Villas) to create six single family zero lot line lots, located on South Robert Trail, south of Diffley Road and north of Eastwood Court in the NE V of Section 25. APPROVE Comments Regarding MAC Part 150 Document REVIEW Orchard Heights 2nd Add. (Inver Grove Heights Joint Powers Agreement) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE /35°A. ASSOCIATION of Metropolitan Municipalities 2001 Legislative Priorities XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION 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. MINUTES One REGULAR MEE'1 G OF THE EAGAN CITY COUNCit''' ;gan, Minnesota:; } kgr 17t.2QQ A regular meeting of the Eagan City Couiicrl:vi%a3:fteldon Tuesday, October 17, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. l:• City Administrator Hedges added under Recognitions aliihiresentations a Resolution proclaiming Tuesday October 23, 2000 as "Domestic Violencention LAO • Due to the number of residents Mtltftardi :t i Wil drainage issue, the Council agreed to move the setting of a date for review of the July 7 & 8 StOtili:trainage Study Report Findings from the Administrative Agenda to earlier in the meeting. City Administrator Hedges also stated that under Recognitions and Presentations the National Red Ribbon Week item will be continued to the next meeting. He further stated that under New Business, item B regarding a rezoning and preliminary s .iylsion for Manley Brothers Construction, the applicant has requested a continuation until the next Councilmember Blomquist moved, ,'l�,p, unciltzifln fMasin seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES OF TI E 1!Q'a* 3,.2000 REGULAR MEETING Mayor Awada requested that on page six, fifth paragraph, the last sentence be revised to read: - Mayor Awada stated that the project was originally discussed when there was an option by Duke Weeks to purchase and develop the Perron property along with their land as a single plat, and that the assessment would be reevaluated since that option has expired. Councilmember Blomquist t t #tktp $ ,. graph 6, the last sentence be revised to read: Councilmember Blomquist stated that iome rigittibfftboif9 are talking of hiring their own engineering firms and that the City should be therli:?iiCDrking wily:them. Councilmember Masin stated that on paig, paragrati 5, that she had made the statement regarding campaign signs rather than Councilmember Bakken;;:: Motion was made by Bakken, seconded by Carlson to approve the minutes as amended. Aye: 5 Nay: 0 . MINUTES OF THE SEPTEMBER 26,4#9p SPECIAL MEETING S•: Councilmember Carlson moypd, Gpuncilmember Men seconded a motion to approve the minutes as presented. Aye: 5 ' --rte:...... ......... MINUTES OF THE OCTOBER 3 , zgoo • SPECIAL MEETING Councilmember Blomquist moved, Councilmember:iaakken seconded a motion to • approve the minutes as presented. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 17, 2000 Page 2 Vier ORS TO BE HEA110: Meg Tilley, representing the Girl'todgt; cops of Ea •$fated that the girls were present to present a donation to the Eagan Foundation Mistogottokoor. Each girl introduced herself, identifying the troop to which she belongs. Megltiiiitii described the fund raising event that had been held. A total of $5,182.18 was presented to the City. Margaret Schriner of the Eagan Foundation updated the Council on funds that have been raised and on the status of the Unmet Needs CotpmiAes, Mayor Awada thanked the Girl Scouts fair's itft I'ili ('generous donation. SCHEDULE DATE FOR JULY 7 & 8 STQ Q DRAIN, 4 E STUDY REPORT FINDINGS City Administrator Hedges statatilifitakiif FLiz3 , C c tc er 20, the SBA will be leaving the City. After that date there will be an 800 phone number availablti:: (e further stated that storm debris pick up will continue through the end of November. He went on to state that the engineering analysis regarding the storm drainage should be complete in the next couple of weeks. Director of Public Works Colbert suggested that a combined general meeting for all affected neighborhoods be held on November 9th and eight or nine smaller group meetings be held for individual neighborhoods. He suggested that a lottery system be used in deciding the order of'i#ta. wal1er meetings. Mr. Colbert further suggested that the following dates be considered for the s }> f:.'ji eWags: November 20, November 27, December 11, and December 18. He stated that notices will be'3*SsI.pot or;s the meeting and that currently there are 1800 names on the City's list. He asked the public fo please'1e};iWity know if anyone is overlooked. Councilmember Masin stated she fe 'ts,t ' icii gtf*ed' information prior to November 9, as they have already been made to wait tgac;J Otii'tltidi stated she felt that the input from individual residents regarding their experiences *bit1:pf ide important information. She stated this issue should be considered the single most important issue in Eagan at this time. Councilmember Carlson stated she did not feel a meeting prior to November 9 would be beneficial as there will be no substantial information until the report is completed. She stated she did not want to provide false information and that the,.Cqut!giihacpeen open for comments and the issue had been addressed at every Council meeting. •... Mayor Awada stated that until the Coung3Itas facts 310:serious engineering information they cannot provide information to residents. She statkhere are ?1#Areas that have problems and each one has to be addressed individually. She suggested the matings notteld until the report is completed. Councilmember Blomquist stated that sometimes it itaffficult for people to talk in a public setting and that a more private meeting with no cable television should be arranged. She also stated that she felt the Council as a group should listen to the residents. Councilmember Bakken stated that he has had man}_ pnstructive conversations with residents during the past weeks and that they are ready for substantial Savers but he does not want to see the Council put in a position to provide faise information. He stikiA he felt the meetings should not be held until the engineering report is comp;f.' Councilmember Carlson suggested that it could be beneficial for the residents to put their questions and concerns in writing prior to the meetings and ti of staff could provide answers at the meeting. Councilmember Masin asked for feedback from the audience. . Lisa Jensen stated she would have liked information earlier but understands that it has taken time • to complete the analysis of all the affected areas. Eagan City Council Meeting Minutes October 17, 2000 Page 3 Connie Bauman questioned why;firm Bonestroo, Rgwg & Anderlik is being used to conduct the analysis. Public Works Director Colbted that Bonest;3ias all the background information on the storm sewer system, as they have had 403 04001 l it 'Eagan. Mr. Colbert further stated that the firm is being overviewed by City staff. Ms. Will:M fi:arffif'on to state that she had seen Councilmembers Blomquist and Masin out in the storm affected areas but had not seen Councilmembers Bakken and Carlson. Joe Girman and Marianne Mobil i. sSed.their concern regarding the City's disaster plan. Ms. Mobil stated she felt the Council should jia'igf*i},0rb gt gods to see the human side of the disaster. She stated she felt the Council had no CtiriiigOitiii4iiinligild have been knocking on doors to talk with residents. She stated the only time she savietigCounciENwas when the Channel 4 News crew was on the site. Brandy Grogan asked who mac ib Z,8df• •••d' ......Ak : t0.ces to sandbag. Mayor Awada stated that the neighborhoods did the sandbagging ffieiii�il'ves. Mait:;E3'iii+'aaa further stated that she had been in 30 different neighborhoods following the storm. Bob Salburn expressed his concern regarding the number of patrol cars that were out during the disaster. He stated he had witnessed looting. Mayor Awada agreed that there had not been enough Police on duty. City Administrator Hedges states?'ti&i 'd i .A..e...olice Chief would be willing to meet with residents and were open to input that would a istiii'a• ..;i;`Bponse to future disaster situations. Councilmember Masin suggested thalxf;vgebette;3i rod with information for residents and serve as a place for residents to providg, fs 1#i Councilmember Blomquist stitied she felt two meeting dates should be set, one for the results of the engineering analysis and a second one for the Council and staff to hear the human side of the issue. Mayor Awada stated she would like to defend Councilmembers Bakken and Carlson, as they had worked the entire week after the storm. Councilmember Blomquist the City's Disaster Plan. Mayor Awada stated that meetings should be held with si01. groups.:g uncilmember Carlson agreed that the Council and staff should meet with only one neigl ifhood at'g lite: City Administrator Hedges stated that stat :`lrould wdjre any input that would help improve future disaster plans and that he was willing to meet with resickfiits collectively or individually. City Administrator Hedges recommended that an informal meeting be scheduled for October 30th at St. John Newman Church. Councilmember Bakken clarified that this meeting would not take the place of the smaller neighborhood meetings. Councilmember Blomquist moved, Councilmembe> lOdcen seconded a motion to schedule a meeting for October 30, 2000 at the¢Y #Ole ;tis}: t4rtJ,;.Aye: 5 Nay: 0 Angela Vaitkunas, 4158 Rahn Road regtieiiecfifiai'tfie Council review City Ordinance 10.12 regarding domestic animals. She explained that she had re4ggd a ticket and is scheduled to appear in court because she owns a rabbit that she keeps in her home.iift Council directed staff to Investigate the matter and place Ordinance 10.12 of the City Code on a futiiie agenda for review. Mayor Awada moved, Councilmember Masin seconded a motion to bring Ordinance 10.12 of the .City Code back to the Council for review. Ayes: 5 Nay: 0 Eagan City Council Meeting Minutes October 17, 2000 Page 4 RECOGNT • NS AND PRESS sATIONS CERTIFICATION OFC i# rraii'OR PARTICIPATION IN MANUPA'6Elft'S' WEEK - Jamie Verbrugge discussed a certificate of commendation to that had been presented to the City for participating in Manufacturer's Week. RESOLUTION — D ;f, S # VIONIN antEVENTION DAY Carol Jensen, representing the Eagan Worrittiftf TodayWained the organization's involvement in the prevention of domestic violence. Mayor Awwitgread the Awlution proclaiming October 23, 2000 as "Domestic Violence Prevention COMMENTS BY CITY COUNCII:,'MYAD1tGf1141SWATOR & DEPARTMENT HEADS Mayor Awada discussed a recommendation by the Metropolitan Council that Eagan's Comprehensive Plan Update not be approved. She explained that the Metropolitan Council feels 2000 additional apartment units be built in Eagan. Mayor Awada stated she is not in favor of the increased number of apartments. She stated the h¢Giropolitan Council will vote in November but feels they do not have a legitimate case to deny Eagan's.'C`fi imive Plan. She further explained that should the Comprehensive Plan be denied, the issue Vricatigjfiftiosiep Administrative Law Judge and could ultimately end up in district court. Councilmember Bakken explained ttifhp,aud�Q? ffigiiie of the Metropolitan Council. He stated he is not in agreement with their expeci$i# oFi:•' •' Mayor Awada stated that the k?e ropolitan Council is attempting to take over zoning authority. Councilmember Masin stated the Metropolitan Council has no intention of taking away local authority. Councilmember Carlson statiggiat; c arias S,c;tlidf exceeded the Metropolitan Council's recommendation. She suggested thaf:gitigtliii;alt:tittitligtiikuch as Mendota Heights to see what their ratios are. She stated.Eagan is currently at 47%. CONS' AGE1 A. Personnel Items Item 1. It was recommended to approve the hiring of Andi Galatowitsch as a Clerical Technician III in the Fire Department. • Item 2. It was recommended to approve the hiring of Marci .*itzel as a seasonal park attendant. y;. Item 3. It was recommended approveiftlN;rt;tistiRi1,L1.as a seasonal skating instructor. • '�::} ':::::•: :•'� �:�:�:•:::: Item 4. It was recommended to approve YJl:: the hiring of Steve I3j%kstra and Joe Pontrelli as seasonal civic arena supervisors. Item 5. It was recommended to approve the hiring of Marv'Volden as a seasonal civic arena custodian. Item 6. It was recommended to approve the.hiring of Jeff Wright, Lindsay Kropennicki, Lori Jorgenson, •Jordan Bailey and Steve Polkowski as seasonal skateguards for the civic arena. Eagan City Council Meeting Minutes October 17, 2000 Page 5 • Item 7. It was recommended to approve thio i7Qring of Elisa Swetfto, Dale Skogstad, Sean Cosgrove, Katie Nelson and Jennifer Wright as seasonal co'riiiiiig jls workers c $ civic arena. Item 8. It was recommended to approve the app8iii'iiiiiit:iA oily Duffy as a Deputy City Clerk. B. Final Plat (Gopher Eagan Industrial Park 5th Addition) Twin City Wire — MFI. Inc. It was recommended to approve a Final Plat (Gopher Eagan Industrial Park 5th Addition) to allow the adjustment of a shared side lot line bppymigL.Block 1, Gopher Eagan Industrial Park 21'd Addition and Lot 1, Block 1, Gopher Eagan I fitlE ' lk: ; f bz cated north of Yankee Doodle Road and east of Highway 149 in the south 1 of SecticR ±'"" ` C. Final Subdivision (Orchard Heights) — Gonveapyelopmer t}k:it was recommended to approve a Final Subdivision (Orchard Heights) to cr$4tR.1.1,..sgiiiiiikunily 10040 h 4.43 acres of property located north of Black Oak Drive and south of Hwy.Wlii ' i,T$'pet 12. D. Schedule Public Hearing For Revisions to the Business Subsidy Policy. It was recommended to schedule a public hearing on Tuesday, November 21, for the purposes of reviewing and adopting proposed changes to the City of Eagan Business Subsidy Policy. E. Engagement Letter for Auditing Seessj Kern. Dewenter, Viere, Ltd. For the Year Ending December 31, 2000. It was recommended to f :tfte.engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year etiitltigt;? er 31, 2000. F. Project 775. Advent United Methodist Cf ch Final As_switnt Roll. It was recommended to approve the Final Assessment Roll for Project 77§;:t44yetst githodist Church/Patrick Eagan Park — Parking Lot and Utility Improvements)C. g4 a tt' ii::(6ifs.certification to Dakota County for collection. G. Contract 00-09A, Well House RE'ftoofing (#1.2.3,4 &6). It was recommended to approve change Order #1 to Contract 00-09A (Well House Re -roofing #1,2,3,4 & 6) and authorize the Mayor and Deputy Clerk to execute all related documents. H. Approve Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreemeRiic;'tl••'3,'�';£t�t:gn antenna installation on the Deerwood Reservoir and authorize the Mayor'2iiif'L'�tyt?�tiic:id: pCttikall related documents. I. Project 750R. TH 55 & Blue Water Road Acilit Modific,ions & Street Imurovements. It was recommended to receive the revised draft feaility repot;:pr Project 750R (TH 55 / Blue Water Road — Access Modifications and Street Improventi�iiiv) and sciple a public hearing to be held on November 21, 2000. ;'� J. Contract 99-07. Safari Reservoir Refurbish & Repaint. It was recommended to approve the final payment for Contract 99-07 (Safari Reservoir — Refurbish and Repaint) in the amount of $20,980.00 to TMI Coatings, Inc., and accept the improvements for permtpal City maintenance subject to warranty provisions. K. Contract 00-10. Wescott Road 1 atitli z`f{Qim;.$S te-Striping. It was recommended to approve the final payment for Cjitg:0,01fi' s o*d et al — Surface Treatment and Striping) in the amount of $35,103.77 to Road Surfacing Technofogtes, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisiRg, L. Project 98-V. Faithful Shepherd School. It was recommended to acknowledge the completion of Contract 98-V (Faithful Shepherd School — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Eagan City Council Meeting Minutes October 17, 2000 Page 6 M. Project 99-D. Kwik Trip Eagan. It js recommended to ackii:ii; ledge the completion of Contract 99- D (Kwik Trip Eagan Addition — Stred &;•Utility Improvemet :and authorize perpetual City maintenance subject to warranty provi';;:::,.. N. Project 99-E, Oakview Center. It was recomiii 3ed:4b'Scknowledge the completion of Contract 99-E (Oakview Center — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. O. Contract 00-07, Trunk Highway 13 I. ,Y - ,ane Upgrade. It was recommended to approve Change Order No. 1 to Contract 00-01:0001004/0* — Divided Four -lane Upgrade) and authorize the Mayor and Deputy City Clerk to a7T're; tiai documents. P. Approve Resolution Approving Application fAt wful Galtikling Permit for the Gypsy Booster Club to Hold Raffles on -November 18 ani#. 1.9 qt. .s GyrA cs School. It was recommended to approve the resolution supporting ttigfOKc g oo's X 1 -. plication for a lawful gambling permit to hold raffles on November 18 and i i Gleason's d fiiiiiicaucs School. Q. Approve Registration of City of Eagan Webpage. It was recommended to authorize the City Attorney to proceed wit the coordination of registering the City's webpage. R. Final Plat (Young's Addition) — Catikov & Harrington, Inc. It was recommended to approve a Final Plat (Young's Addition) consisting:[ }ipo ;.on 1.1 acres located between Hwy. 13 and Old Sibley Memorial Hwy. In the SW 'A of Sectioti' fit,::; Councilmember Bakken moved, Counci);ip�mber Carlspu.srygalAtded a motion to approve the Consent PUBLIC HEARINGS Agenda. Aye: 5 Nay: 0 ROBERT O'NEILL HOMESTEAD (LOT 5) ItIGHT-OF-WAY VACATION Mayor Awada opened the p 'tie; }iig,a't#ii;$i vacation of public right-of-way on Lot 5, The Robert O'Neill Homestead City Administrator Hedges provided an ii? view of laitem. Director of Public Works Colbert gave a staff report. A representative of People's Natural Gas inquired asIt0'ine location of the vacation in relation to the vacant land in the area. Upon clarification by Director of Public Works Colbert, he stated there were no concerns. There being no public comment, Mayor Awada c1o0he public hearing and turned the discussion back to the Council. .. _ Councilmember Bakken mtktiti:WWWKgpArn seconded a motion to approve the vacation of public right-of-way on LbW8140kiktAlleigomestead (Parcel 10-53320-053-00) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINIi CONDITIONAL USE PERMIT CLARIFICATION - MEGA EXCAVATING Eagan City Council Meeting Minutes October 17, 2000 Page 7 • City Administrator Hedges provided an overview on this sli Iii. Senior Planner Ridley discussed the background of the issue stating the ap j tnt is asking for claltt gtion on the conditions of his conditional use permit. Mark Pieper, applicant, stated that City tik #iit'ti very helpful. He went on to explain what he felt the definition of "truck terminal" is in regard to the wording of his conditional use permit. He explained that his business falls under that definition and should not be restricted. City Attorney Mike Dougherty stateci.,1 at.a conditional use permit issued in 1979 is still in effect on the roe and it does allow a truck • ' property rtY 3F• si; Senior Planner Ridley noted that staff wanifitclarify tlivhat is stored on the property is allowable under the conditional use permit. Mr. Pieper stated he has large e i jt herr i1S ? 3t3ws and other truck equipment stored on '"" the property that he uses in his business.•' • • Senior Planner Ridley suggested that a list be made by Mr. Pieper of what is actually stored on the property. Councilmember Carlson moven 4ouncilmember Bakken seconded a motion to direct staff to provide a list of truck related items that Upced:4p.the on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley i jr n 4b .SE 1/a of Section 36 to be attached to the minutes. Aye: 5 Nay: 0 • CONFIRMATION OF FINDINE$ QF•J A '';"=;I i*tLUSIONS AND RESOLUTION OF DENIAL,.., tl • Eg ADDITON • City Administrator Hedges prOvidedan overview on this item. Senior Planner Ridley gave a staff report. The Council agreed to have the issue returned to the Advisory Planning Commission for a public hearing and then brought back to Council for review. Councilmember Bakken moved, Councilmember Masin seconded a motion to continue the review of a Final Planned DevelopmeitCAi i J? i :§.10!0zion request of Wensmann Realty to allow the construction of 64 townhomes (wiiiVlii4Viiigltliii$$}dip :k .7 acre site located south of Trunk Highway 55 and east of Rita Court (within the notsMpast 14 of $ec ion 12) to a future date. Aye: 5 Nay: 0 • The Council tooR a ten minute break at 9:00 COMPREHENSIVE GUIDE PLAN ADMENT — FRAUENSHUH City Administrator Hedges provided an overview on this issue. Senior Planner Ridley gave a staff report. Richard Wicka, applicant, provided a brief history Pie property and plans for an upscale apartment complex. He stated that a neighborhood meeting 114})een held. Mayor Awada asked for co>i• s;q:•:iidi$#:;: Marilyn Bater stated she is in favor of the land useWndment. Virginia Brown stated she is opposed to the amendii[erit and expressed concern over the density of the project as well as parking issues. She stated there was not enough specific information on the proposal provided. Eagan City Council Meeting Minutes October 17, 2000 f' Page 8 ▪ .... .... • ..... Councilmember Carlson stated s js not comfortable whit approving the land use amendment until a definite plan for the property is sulii ted. Mayor AwadoVigfl Councilmembers Bakken and Blomquist agreed. City Attorney Dougherty stated that thetopiiSecl'a'itiendment would have to be sent to the Metropolitan Council for review. Mr. Wicka requested the issue be continued to allow time for him to bring back a plat and definite design for the property. Mayor Awada moved, Councilmember Ca 4 ie:COnattgmotion to accept the applicants request to continue the Comprehensive Guide Plan Amendrili<ift to a noiAiicific date. Ayes: 4 Nay: 1 Bakken opposed. . CEDAR-•} ;;;p' •; PRAFFIC STUDY . City Administrator Hedges presented an overview of this item. Director of Public Works Colbert introduced Marie Cote, SRF Consultants, Inc. who provided a detailed summary of the traffic study. Mayor Awada asked what the funding source would be for the recommended improvements. Mr. Colbert stated that MNDOT had recog teSi,the need for the Silver Bell signal improvements but had not provided funding. He further stated heit £t :W JPOT should fund the project as part of the Highway 13 project. . • Councilmember Blomquist moved, iittncilmembnr ;11;Sa,S1lt seconded a motion to receive the Traffic Study for the Cedar Industrial Park. :::•S:•:N •f :; • EASEMENT VACATIO*04 i'IONAL USE PERMIT AND FINAL PLAT (SPACE CENTER AIR CARGO) — SPACE CENTER AIR CARGO, INC. City Administrator Hedges provided an overview on this issue. Senior Planner Ridley gave a staff report. Mayor Awada and Council t> i▪ <gs'ee : • ;fFpt comfortable with this proposal due to safety, traffic, and environmental issues: "" •' There were numerous residents in the auj{►ce who towledged they were present to oppose the proposal. Chas Arend, applicant, stated he did not understand fl'iApposition to the project. He discussed the proposed I-1 uses and the surrounding I-1 uses. He stated the project had been brought forth in good faith and at no time during the review process did he think traffic had been an issue. Mayor Awada explained that when the property wak•4riginally zoned, there was not the amount of development in the area and the traffic was not a problem S# ikated that the amount of added traffic from this proposal would only add to the current traffic problems :::::::•:. Councilmember BlomquistUfilaNaig area and stated that the original use was not a desired use. She further stated that MNDOT took away entrances to the properties in the area when Highway 13 was constructed and there have been no propetrances to the property since. City Attorney Dougherty stated that the existing easements on the property that are being requested to be vacated would cause some existing storm sewer pipes to be removed and the Council should consider if they want these pipes removed. If the easements are not vacated, the plat cannot be .approved. Eagan City Council Meeting Minutes October 17, 2000 Page 9 Mayor Awada moved, Councilnib igr Carlson seconcj :*.motion to deny the Vacation of Public Drainage and Utility Easements on Outlots' ;fi jtit: %.Silver BA1 ,; 0ition (Parcels 10-68060-020-00 & 10- 68060-032-00). Aye: 5 Nay: 0• '%+� ::`•::::: Councilmember Carlson stated that the intensity of the project is too great for the area. She stated she felt the issue should be denied based on safety health and welfare. Mayor Awada further stated that because specific tenants have not been id , '• • 0):1jfe ;ci.v.1!as. i way to predict traffic generation from the proposed development. f ; • , • • • •'•'• • Mayor Awada moved, Councilmember Cam's lii se condertarrnotion to deny a Final Plat (Space Center Air Cargo) establishing a 14.9 acre lot upotr perry curtpq ly platted as Outlots 2 and 3, Silver Bell Addition (within the SE 1/4 of Sectio] 1$)., a f. ie.istinp� Rage and utility easements on the property. Aye: 5 Nay: 0 :. Mayor Awada moved, Councilmember Carlson seconded a motion to deny a Conditional Use Permit to allow the establishment of a freight terminal upon a 14.9 acre site (Outlots 2 and 3, Silver Bell Addition) located northwest of Kennebec Drive and southwest of Freightmasters based on the lack of road improvements. Aye: 5 Nay: 0 FINAL SUBDIVISIOI4'0b',idlk j HiEIGHTS 2ND ADDITION) — CEDAR WOOD UV:tlEi LLC • City Administrator Hedges provided,; overview Qt►:tbiitem. Senior Planner Ridley gave a staff report. The applicant was present to IiiiiiiOtkiiigstions. Mayor Awada moved, Councilmember Carlson seconded a motion to approve a Final Subdivision to create 17 single-family lots, on 8.36 acres located south of Walden Drive and west of Richard Lane in the NE 1/4 of Section 33. Aye: 5 Nay: 0 REZONING & PRELIMINAR?IF.UBDIVOLON (PERRON ACRES) MANLEY gigkID COWANY City Administrator Hedges provided an bte'efview of *item. Q item. Senior Planner Ridley gave a staff Wayne Tower of Pioneer Engineering discussed the proposed plat. report. George Westlund expressed concern over trail access and stated he feels the project is premature until Dodd Road is unproved. Councilmember Blomquist stated she has concerns 8iitei• the size of building pads and houses. She stated she felt the lots should be estaif#;: Councilmember Carlson questioned the right -of way dedication. Public Works Director Colbert explained the adequacy of the proposal. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Rezoning of approximately 10.7 acres from A (Agricultural) to R-1 (Single Family) located east of Dodd Road and south of Coventry Parkway in the southeast 1/4 of Section 24. Aye: 3 Nay: 2 Councilmembers .Masin and Blomquist opposed due to the size of the lots and concern over possible water runoff. Eagan City Council Meeting Minutes October 17, 2000 Page 10 Mayor Awada moved, CouncilintAter Masin second t;*:p otion to deny a Preliminary Subdivision (Perron Acres), with a variarieiggA U w two 1gt .-Sd ;ihan 85 feet in width, on property located east of Dodd road and south of Cove*tiag ikiii#4 $ Southeast 14 of Section 24 due to the zoning of the property. Ayes: 3 Nay: 1 BakkeniiiWietetouncilmeniber Carlson was out of the room. PRELIMINARY SUBDpaske.N AFAR T.JAGAN 3RD ADDITION) • City Administrator Hedges provided an o4Kfbw of thi:dm. Senior Planner Ridley gave a staff report. The applicant was present to aikibli i1,lfd ifons. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision (Safari Heights 3' Addition) located north of Cliff Rod and west of Thomas Center Drive in the southwest 14 of Section 28 subject to the following conditions: 1. The developer shall comply with tom.§tandards conditions of plat approval as adopted by Council on February 3, 1993: B1 through 4, Cl, 2 and 4, D10.1,0 2. The existing 11/" copper water service 1 2*o: #ii ii'tilized by this development but are stubbed to this site from Thomas C,n. j %*:sfi ii•be abandoned in accordance with City standards. 3. The developer shall be responsibre for the necessary improvements at the Thomas Center Drive - Beacon Hill/Cliff Road intersection to provide a dedicated southbound right -turn lane, including pavement markings and signal loop detector revisions. 4. The Final Plat shall provide drairkg A utilit,X.easement over Pond BP -39 up to three feet above its calculated high water level. 5. The developer shall dedicate public sidewall0Aement cgygring the sidewalk along Thomas Center Drive. 6. The development shall be responsible for obYaliling all nary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County;°f$iior to final plat approval. 7. An association shall be created (and recorded with the final subdivision) and Lot 2, Block 1 shall be conveyed to such association. • 8. The developer shall provide evidence that Lot 1, Blockife Time Fitness Addition has granted cross parking easement to Lots 2 through 6. 9. This proposal shall be subject tekaitilIK 44:4130:the time of the first building permit. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (SPECTRUM ADDITION) — PARKING ASSOCIATES, INC. • City Administrator Hedges provided an overview of this item. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes October 17, 2000 �;•''••:•:•:::•:�:� :::::•:•:•:•:::�::•. Page 11 •.. ���'. Councilmember Carlson moved, !j cilmember Bakkpli;$yponded a motion to approve a Preliminary Subdivision (Spectrum Cakgittpg.center)AgOi three lots and one outlot, with a Variance to the minimum lot size for Lot4* , .4 :tiro approximately 27 acres located between Hwy. 55 and Blue Water Road in tlie'fiiilt$:•oi Section 2 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C4, D1, El 2. The property shall be platted. {;;•,•• 3. The developer shall acquire the .03 -acre `Reilief i angle" pouf to final subdivision approval. 4. In accordance with NURP standards, a•gotri gi ;tfeatmeRt x nd should be created to accommodate a minimum wet -pond volume of 5.1 at .t7ddit:»e fliAttAiMtave a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to t`ity:iEiesign standards. 5. The developer shall extend all inlet pipes (existing and new) to the normal water level of the pond to help prevent erosion. 6. An outlet skimmer in accordance ering standards shall be constructed on the outlet pipe from the pond. 7. The relocated water main shall be relocatrld•in accoit:Jvith City engineering standards, including providing adequate cover over the water ff}ain. 8. Access for future development on I40:04:Ik igiee:1•iicatedless than 300 feet from the Blue Water Road and Hwy. 55 intersection. 9. This development shall accept the City's determination of responsibility and costs of $3,478.00 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998. The financial obligation will be placed in an escrow account with theCitx tp be:used solely for financing the AUAR improvements and any unused amount will be returned t4 #to.:43g ¢ s iqi I itL}ppment of the AUAR properties. 10. Blue Gentian Road from Blue Water Road to.•ghway S5.: J►st be approved by the City Council prior to Final Subdivision approval. 11. The owner shall waive the right to object to a$jht ssessme;for the construction of Blue Gentian Road and associated public improvements. ' 12. The developer must obtain all necessary permits from MnDOT for any work within the Hwy. 55 right- of-way: 13. This development shall dedicate 40 feet of one-half righwvay for the south half of Blue Gentian Road and preserve an additional 40 feet of land for righf•'tiAvay purposes for the north half of Blue Gentian Road for acquisition by . 14. Prior to final subdivision approval or commencement of any grading or construction activity, the applicant shall submit a Tree Preservation Mitigation Pq:iitat shows the fulfillment of mitigation requirements according' to the City's ordinance. •. 15. Prior to final subdivision approval, the applicant shall provide a revised landscape plan, prepared by a registered landscape architect, and revised to meet screening requirements and show additional information as indicated in the planning report. Eagan City Council Meeting Minutes October 17, 2000 Page 12 •••••••••••••••• • • • • • • ••••••• • fiigi•iif • 16. This development shall be responsiblOkcash park and trig*ications, payable at the time of building permit issuance at the rate that*: ..••• • • • Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA ADVI •ggt. gfeenti:13§SION City Administrator Hedges discussed the cfMopment Nil Advisory Youth Commission. Mayor Awada expressed concern over Ilk. unt of 40:4hat would be required at a time with City staff is overloaded. She further stator sigi'&14:ffOierest on the part of the youth at this time. Councilmember Bakken agreed with Mayor Awada and suggested that any interested youth could participate in existing commissions. Councilmember Masin stated .tat the youth are the most important asset in the community and they need to made a part of the comm Councilmember Carlson stated there dit: opportunities for the youth. • Mayor Awada suggested the project* put 9ff..4g:kiggi • YOUTH CONFERENCE • City Administrator Hedges outlined options for youth -participation at the NLC Conference to be held December 5-9, 2000 in Boston. Councilmember Masin stated she felt that youth should participate in the conference and resources should be sought. City Administratot*dwt#R$A4J..4k.gast the high school had matched funds. He stated he would contact the schocaiiii*WgkiWi 3811 WER LAM • City Administrator Hedges stated that titgity had 4*icontacted by Amanda Heu of 3811 Alder Lane expressing interest in selling that property, which is locfg near the Cedar/13 redevelopment area, to the City. The Council agreed to have staff pursue the purchase of the property. Mayor Awada moved, Councilmember Carlson secigs#d a motion to allow staff to negotiate the purchase of 3811 Alder Lane, Eagan, MN. Aye: 5 Nay: It was acknowledged that a letter had been receivegtm Mr. Wenzel's attorney dated October 11, 2000. • TELECOMMUNICATIONS LEASE AGREEMENT Public Works Director Colbert gaN7e an overview of this issue. Eagan City Council Meeting Minutes October 17, 2000 Page 13 l:• •Mayor Awada moved, Councilmq,>er Carlson seconded.motion to approve the Co -Locate telecommunication lease agreement with QtidSy,Inc. for an antetlAQ istallation on city park property located at 1689 Highline Trail and authorize d 3ror nd,£ H ZZerk to execute all related documents. Aye: 5 Nay: 0 • .. ._... _ ...▪ . . VISITORS TO BE HEARD Daryle Peterson commended Co.Qz ecc.M i, u.gRa.A•Jomquist on their opposition to the Perron Acres rezoning. He stated that the: a';'•• giijfli#> olfssriii he citizens, not market forces. He went on to discuss his opposition to the small lot sizit:<: vtayor , Si$ a explained that if a developer meets the requirements of the zoning ordinance he has the to devefo is Kevin Manley (developer of Pemilgy.4400...;!j:)..m.fggiiit he is not only a developer, but a resident of Eagan and is proud of his pre} gl iiopm %tt; ,s; t?tif 'as the proposed development. He stated that large Lots are not what everyone is looking for aiidtliat it is ultimately the homeowners' decision if they like the smaller lots or not. He stated if residents are looking for large acreage they will look elsewhere. Leonard Perron, owner of the property (proposed Perron development) stated he has a right to sell his property and has been depending ort:,{iid;eg.15. for his retirement. He stated that it really hurt him when Councilmembers Blomquist and MasinV6 tbs;•lhe project. ▪ • AJ OUIt1'Qialsre. The meeting adjourned at 11:35 p.};€o;att;Cutt}Y▪ 'S sion to discuss pending litigation. Date City Clerk If you need these minutes in an alternative yj such arge print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, Mttf i#; ;: :tii; jai s; f. { 1p phone: (651) 454-8535). The City of Eagan is committed to the policy that all peps have equ3 gccess to its programs, services, activities, facilities and employment without regard to race, color,Wid, religi4 ational origin, sex, disability, age, sexual orientation, marital status or status with regard to publigistance. Special City Council Minutes October 24, 2000 Page 1 of { ..... :: 1iiiiNUTES OF THT SPECIAL MEETIN; ERF THE EAG1�,l,�T.;CITY COUNCIL MINNES t ( A special meeting of the Eagan City Council was held on Tuesday, October 24, 2000, at 5:00 p.m. in the City Cou>jl.,Ch.nbers of the Eagan Municipal Center Building. Present were Mayor Av*_'b§rs Blomquist, Carlson, Bakken and Masin. Also present were City Admiiii; i3o'r'f#ecpj Assistant City Administrator Verbrugge, Senior Planner Ridley and Administrative cialist Hertel. . ROLL C ••. OPTION Councilmember Blomquist moved, Councilmember Carlson seconded a motion to approve the agenda with the addition of Administrator's Update to Other Business. Aye: 5 Nay: 0 REVIEW THE NEW t,SUBDIVISION REGULATIONS City Administrator Hedges gau . fin ova ;1 tiek;$:'' Councilmember Bakken suggested that Council and staff look to the past cxam 1 the times that are most noteworthy are the ones when propps t * beeii'turned down. He stated that the City should find a way to codify the st,aand aim for lot size consistency in neighborhoods. Councilmember Carlson stated that the City should get rid of the ordinance and all preliminary subdivisions should go through the full preliminary and final subdivision process. She expressed concern about property owners that divide their property, sell and leave Eagan; she further stated that the neighborhoods and the City would benefit from the full pub1i4 z i ,ti4;#i: Ci;QgN Councilmember Masin asked if it la true thAtAhe area property owners were not noticed regarding the subdivision proposa*hat hadime before the Council. Senior Planner Ridley stated that, per the ordinari o; all pretligtty owners contiguous to the property require notice. Councilmember Masin ask&a if there had been any surveys of the subdivision applicants after the process was complete. Senior Planner Ridley responded that the City conducts quarterly surveys of all development projects completed during the previous quarter in the City. Councilmember Masin stated that she had received a complaint that the subdivision process t fik too much time. sri: Mayor Awada asked tli _ ''',t.< C"ac R?i iduectio_n to Community Development and the City Att �f ef#li•able to prepare a draft with the Council's changes. Councilmember Bakken statefl;.that the City should proceed with adopting an ordinance that sets standards for neighood consistency, but if it is not • legal or feasible to do so, the ordinance should be eliminated. Councilmember Carlson asked that the staff and City Attorney write a set of standards that regulates setbacks and othei related subdivision components. Senior Planner Ridley stated that the City can Special City Council Minutes October 24, 2000 Page 2 of 4 likely write the ordinance in a way mit requires use of Mage neighborhood lot sizes as the standard. REVIEW MVTA PILOT ICNOWfgagniXODLE ROAD TRANSIT SITE FINAL IirttitisMENT City Administrator Hedges gave an overview. Senior Planner Ridley reviewed the picture representation of the pr to*e4..jgvelopment and explained that the City could retain control of the easement for4ki "''�"' future streetscaping purposes. Mayor Awada stated that her primR.IonceniVs having the ability to do streetscaping according to a yet undefinsitit etscapia lan, but wanted to retain the flexibility to do so in the future. C n1; '$Oh expressed concern about who would pay for the development onhat easemerif'SiiiiCe it had been MVTA's responsibility according to the development agreement. Councilmember Masin asked if the City would have to pay for the clock on the structure. Senior Planner Ridleyitiw.951 that the MVTA or the developer would pay for the clock. Councilmember Masiifiaata t the intersection should have benches and a community space for gathering. Counciftiiii ; eC :garlson stated that the intersection is busy and loud and not conducive to ptWic gatheiiigs ,:$he restated her concern about who would pay for the streetscaping. pli Councilmember Blomqui;isteteathat the clock tower on top of the building was unique. She commented that the MVTA may not assume responsibility for maintenance of the easement if they do not develop it as part of the agreement. Mayor Awada stated that the Council can require maintenance as part of the development agreement. Councilmember Carlson stated t)t the Council should hold the MVTA responsible for maintenance of the easement. ti #fist echoed her comments. Councilmember Masin informed the coffin il'tfrfif'thi comprised 1/6`s of the MVTA and should consider the development as a parfship. q&cilmember Bakken cautioned that the development would not look like* pictur f ter the addition of signage and r• :• traffic to the busy intersection. Councilnt ber Ma; isuggested the MVTA escrow the amount it would have spent developing the easemeiit''fo the City. Mayor Awada moved, Councilmember Bakken seconded a motion to require MVTA maintenance of the easement, a clock feature with four faces on the grid above the proposed structure, and the MVTA to escrow opamount to spend on the easement development to the City for future use. Axe.: 5 N :4) • DI ECTION' t 'Ll 'SttIfFANT RFP PROCESS City Administrator Hedges gave an overvi2;: He stated that the engineering RFI' is overdue, but noted the Council's decision tot delay the RFP in 1998 due to the workload. Councilmember Blomquist stated that the Council needs a "report card" to ensure that the City is getting the best value for its' citizens' dollars. She commented that Special City Council Minutes October 24, 2000 `'f•'' _''_' Page 3 of 4 f;:• a review of the consultants should li klone every three j is and stated that it was inexcusable for the Council in 1998VEkave ignored en }eering. Councilmember Masin stated that there is no accountability *t *g.ty and.{ gt:is no documentation of the RFP process. She stated that in her eight ysd}E;:ci1, she had only had one opportunity to review the City Administrator, 'one to review the City Attorney and one to review the engineering consultants. Mayor Awada stated that except for engineering, which was delayed by the Council, the other RFPs are on schedule. Councilmember Carlson stated that the Council she fr . .fpryyarsl with the engineering RFP immediately and should expand thef iiii aiI . munications/public relations. Councilmember Masin stated that no matte>;iat, whe timeline for reviewing consultants comes due, the staff should promd with ..OFP process. Mayor Awada reiterated that the Council decided to deJ . engin g RFP in 1998 and that the Staff had followed the Council's explicii:.tffl. Councilmember Blomquist suggested scheduling a consultant review in the non- election years to give new Councilmembers the chance to spend a year in office before making decisions regarding consultants. Councilmember Bakken suggested that the RFP process.be cascaded so the worktgAtk.1s manageable every two years, but emphasized the importance of having a set schedttl Mr. Ross Johnson expressed cc ern that fhere0 no set schedule for the RFP and review processes and stated that citizefs S4a3I : e •iio participate in the evaluation • process. Mayor Awada stated that the consultants are hired on a project basis and there is some flexibility about which firms the staff may go with for a given project. She likened it to a preferred vendor list insteAd of a strict consultant system. City AdministratorHedgi * ' ; W and a new RFP were two separate items and suggested establishing aaliitercif each. He stated that the Council has not done reviews of consultants in thet, but t [estaffwill coordinate such a review if it is the pleasure of the Council. Councilmember Bakken suggested the Council proceed with the RFP process on a two year basis beginning in 2001 with Engineering, Legal, and Communications/Public Relations; followed in 2003 by Fiscal and Auditing services and in 2005 with Banking and Insurance. City Administrator Hedges asked the .Council if they wanted to set a • review schedule as well. Councilmember Carlsonf d that the review of the consultants should be done by 11)9.4 Councilme'iittier Masin stated that she wanted the engineering RFP to be top . • . Councilmember Bakken moved, Councilmmi*er Carlson seconded a motion to schedule the RFP process with engineering, legal $i communications/public relations to be completed in 2001, fiscal and auditing services to be completed in 2003 and banking and insurance to be completed in 2005. Aye: 5 Nay: 0 Special City Council Minutes October 24, 2000 '='f .'.....`.'.'.. • .. ... . Page 4 of 4 ..... DIRECTION RE: CIT CITIIiikDMINISTRATaikEVIEW PROCESS Councilmember Carlson askSaNAke mforzyggii generated in the retreat settings with the organizational consultant. Co*sin stated that this review should happen this year and that the review should tetontracted to an outside firm. Mayor Awada moved, Councilmember Carlson seconded a motion to refer this matter to the personnel committee. Aye: 5 Nay: 0 CITY ADMINISTOR»DATE • City Administrator Hedges review 3 � apph n for the Red Robin's license to use amusement devices. Mayof ; A special meeting of the Eagan City Council was held on Monday, October 30, 2000, at 5:00 p.m. at Christ Luth@F,;txuli,.:j2.30 Diffley Road. Present were Councilmembers Blomquist, Carl ; #c # Ski#. Also present were City Administrator Hedges, Police Chief Therkg#n, Fire ,y,;.', f Jensen, Director of Public .Administrator Colbert, Captain Swanson, Emerge Operatiofis Coordination Southorn, Chief Building Official Reid, Superintendent o€ 'S ¢ets ancuipment Erhart, Superintendent of Utilities Schwanz, Fire Battali{ 7ifpliRr;Fxte: 3attalion Chief Adam, Communications Coordinator Foote and Adm Admiiigiialive Specialist Hertel. INTRODUCTORY COMMENTS • Acting Mayor Carlson died the meeting a special meeting of the Eagan City Council. City Administrator Hee s: &n..an• overview of the purpose and format of the meeting. He then introduced the staitViiiiei a3tc��. o answer questions. •• COMMENTS BY THE CITY I W;1 $:ABOUT THE EMERGENCY Police Chief Therkelsen gave a summary of the events of the evening. Fire Chief Jensen gave a summary of the events of the storm. Director of Public Works Colbert gave a summary of the activitieS'the evening of the storm. City Administrator Hedges facilitkd quests s from the community members present. Many residents asked questionbth oraki:and in the form of written questions submitted to the facilitator. The written 3 * of que04ns included: 1. If this storm were to occur again, what would you do differently? What changes or major improvements can be made -to minimize problems in the future should we be faced with a similar storm? 2. When is the work on Diffl y between Blueberrpktnd Hilltop going to be finished, including the clean-up? •4 •' 3. What could be done to eliminate the pooling 40iflooding at Peridot Path and Gabbo. Trail?• • 4. Is there a schedule for cleaning the drains and/or storm sewer system? Specibaler C30ity, 20Council00 Minutes f. Octo Page 2 of 3 •--• .•... 5. Why is there a huge engineering s u standards? Why isn't the system r y standards being used currently still apc' City for system improvements? dy going on novec�€i see how the system met e> c.. ed continuou k . s development occurs? Are the .le?. WbAtIA funds are available to the • 6. Why wasn't the database housing FEMA applicants used as a communication supplement to the Eagan paper? Specifically, a letter informing November garbage extension and meeting notices (to.avem0).,would have ensured affected people were notified. •• „• 7. Would you consider extending City offi :liours during emergencies? Flood victims were also required to work office o the city's requirements ' regarding building permit applicat : • 8. Information regarding debris pickup was inaccurate six of the seven calls I logged (from 4 days to 4 weeks following the storm) 9. Will the new changes to Highi?it00:3 impact the current storm sewer system? 10. How will citizens be kept informed i;tpr lack of progress? Engineei ng.,S .4:. • " s 1. Why was the natural water flgiai'acked at Lakewood Hills Road? The normal water path for 60 years plus was from McDonouh Lake. Under Cliff Road three culvert at Lakewood Hills Road around north side of Cliff then pumped back under Cliff to Holland. Why isn't there a storm sewer from McDonouh Lake to Holland on the south side of Cliff? 2. Residents of Vildmark Courthave lived wifhi iilfia&fuate storm sewers for over 25 years—what will be done about this? Wh* an we *Int on from the City? 3. You mentioned that your backup supptiifi (other des like Rosemount and Apple Valley) were unavailable. Don't you think there shdiild be a second back-up group of cities or even a 3m? 4. List the areas included in the study to be released qn November 9. 5. Did the storm sewers perforfttl, jip.tQ. esign star ds? Are the current storm sewers adequate for the future? 6. How will needed changes be paid for? 7. What 'was the criteria used for selection of the engineering firm for the study? • Special City Council Minutes ::•:: October 30, 2000 Page 3 of 3 .... •: • • • • 8. Once the engineering study is ccif iklete, how will thC:eity prioritize the work/drainage changes to be done in the various n8borhoods? 'W.ipgas that have been flooded before take first priority? • 9. Let's assume that in some neighborhoods the storm sewer and drainage plans that the City approved are deemed inadequate. Is the City prepared to rectify these specific problems? How do you foresee the costs being covered? Who wil be in charge of prioritizing these projects? • • • • ;.,;• : ;:. 10. Pending the results of the engineering Wifilysis,wl# #?.vill be the criteria used to improve the storm drainage for Eagan? 11. Did you divert water to eithetisfe't''ihe csture or to protect certain areas of Eagan? 12. How can the engineering firm of Bonestroo, Rosene, Anderlik and Associates objectively audit its previous engineering decisions and what are the chances they will find themselves at fault, therefortebetr4jng responsible for some or all of the damage? • 13. Why are you hiring the same engilkeil:f6ilftgate their own work? • 14. How much money did the City o£•;' 'EMA to help with the debris removal and how much did the CAI 15. How do you know that all affected areas are being studied by your independent consultants? 16. A few weeks ago as a City; p il.....Un .ypu.played a video about "The Quality of Life" and how government ptioa~fioijo the citizens' quality of life. I believe that this was probably shown as ar .planatigp as to why we are building so many parks, etc. Why don't we give up a:; :qv parks*d pay for the damages to our homes instead. Without a home, there is;iiquality #3ife. The appropriate staff representative responded to questions in writing and from the floor. Most questions regarding the storm sewer analysis were continued to the November 9 public meeting due to incomplete information at the meeting. r:: ;13.111. The meeting conclude ADJOURNM city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 3, 2000 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 6, 2000 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the November 6, 2000 City Council agenda, the minutes of the October 17, 2000 regular City Council meeting and the minutes of the October 30, 2000 and the October 24, 2000 special City Council meetings, the following items are in order for consideration. Agenda Information Memo November 6, 2000 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. NATIONAL RED RIBBON WEEK ACTION TO BE CONSIDERED: To continue this item indefinitely until the City is contacted by the students in the program with a specific date. FACTS: • The students would like to present to the City Council later this month or sometime in December. They do not have a particular date in mind, so an indefinite continuation is most conducive to their wishes. Agenda Information Memo November 6, 2000 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. PERSONNEL ITEMS Item 1. Resignation/Account Clerk/Deputy Clerk -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Barb Hand, Account Clerk/Deputy Clerk. Item 2. Seasonal Skateguard/Civic Arena -- ACTION TO BE CONSIDERED: To approve the hiring of Taylor Price as a seasonal skateguard for the civic arena. Item 3. Seasonal Civic Arena Supervisor -- ACTION TO BE CONSIDERED: To approve the hiring of Kevin Weber as a seasonal civic arena supervisor. Agenda Information Memo November 6 Eagan City Council Meeting B. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR THE SOUTHWEST AREA YMCA FOR NOVEMBER 11, 2000 AND WAIVE THE APPLICATION FEE ACTION TO BE CONSIDERED: To approve or deny a temporary on -sale liquor license for the Southwest Area YMCA for November 11, 2000 and to waive or collect the application fee. FACTS: • The YMCA has requested a temporary on -sale liquor license be issued to them for an event planned for Saturday, November 11, 2000. • The event is being held to raise money to expand the day camp programs for kids in Dakota County. • The application form has been submitted and deemed in order by staff. • The YMCA is asking that the $150.00 fee be waived. • Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Letter from Tim Staley, Executive Director of the YMCA attached on page N._. • Temporary On -Sale Liquor License application attached without page number. 4 Southwest Area YMCA 550 Opperman Drive Eagan, AIN 55123 651-456-9622 fax 651-683-4704 October 17, 2000 Barbara Hand Accounting Clerk/Deputy Clerk City Of Eagan 11e build strong kids, strong families, strong communities. Dear Ms. Hand, Please accept this letter as a request for a temporary liquor license se to be used by the YMCA on Saturday, November 11 2000. The YMCA will be hosting an event to raise money to expand our day cam rams programs for kids in Dakota County. We ask this request be presented to the City Council at their Nov would additionally ask that the City Council consider waving the license se ffee so the YMCA can raise as many dollars for this cause as possible. meeting. We Thank you for accepting and considering this request. With the Councils YMCA will have be able to expand it's efforts in building t a and a stronger community. approval, the strong kids, strong families Sincere' im Staley Executive Director Agenda Information Memo November 6, 2000 Eagan City Council Meeting C. APPROVE LAWFUL GAMBLING EXEMPTION PERMIT FOR THE BURNSVILLE ROTARY TO CONDUCT RAFFLES AT ROYAL CLIFF ON DECEMBER 2, 2000 ACTION TO BE CONSIDERED: To approve or deny a lawful gambling exemption permit for the Burnsville Rotary to conduct raffles at Royal Cliff on December 2, 2000. FACTS: • The Burnsville Rotary is requesting permission to hold a raffle on December 2, 2000. The staff has been deemed in order by the staff ATTACHMENTS: • Application attached without page number. 6 Agenda Information Memo November 6, 2000 Eagan City Council Meeting D. APPROVE LAWFUL GAMBLING EXEMPTION PERMIT FOR THE MINNESOTA SOUTH METRO CHAPTER DEER HUNTERS ASSOCATION TO CONDUCT RAFFLES AT ROYAL CLIFF ON FEBRUARY 23, 2001. ACTION TO BE CONSIDERED: To approve or deny a lawful gambling exemption permit for the Minnesota South Metro Chapter Deer Hunters Association to conduct raffles at Royal Cliff on February 23, 2001. FACTS: • The Minnesota South Metro Chapter Deer Hunters Association has submitted an application and paid the necessary fees. Staff has deemed the application in order. ATTACHMENTS: • Application attached without page number. 9 Agenda Information Memo November 6, 2000 Eagan City Council Meeting E. EXTENTION OF SNOW GROOMING CONTRACT WITH DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve an amendment extending 'the term of the Snow Grooming Contract with Dakota County for cross-country trails and the tubing hill through May 1, 2001, authorizing the signature of the City Clerk. FACTS: • 2000/2001 will be the fourth season in which the City has entered into a contract with Dakota County for the grooming of cross-country ski trails and the Trapp Farm tubing hill. • Dakota County provides all equipment, fuel, operator, and the necessary insurance. • The City does not own grooming equipment. • The hourly rate billed to the City for the service will be $130.00 per hour. • The average annual cost has been approximately $1,500. Payment is made from the departmental operational budget. • The service is provided on an as -needed basis at the request of the City. • Grooming by the County has improved the quality and safety of the skiing and sliding surfaces. Attachments: Copy of Amendment Page(s) 9-/6 8 OFFICE OF DAKOTA COUNTY ATTORNEY JAMES C. BACKSTROM COUNTY ATTORNEY Dakota County Judicial Center 1560 Highway 55 Hastings. Minnesota 55033-2392 Charles A. Diemer, Chief Deputy Karen A.Schaffer. First Assistant October 13, 2000 MR PAUL OLSON PARKS SUPERINTENDENT CITY OF EAGAN 3830 PILOT KNOB RD EAGAN MN 55122-4600 Telephone (65 t) 438-4438 FAX: (651) 438-4500 (Criminal Division) FAX: (651) 438-4479 (Civil Division) FAX: (651) 438-4499 (Juvenile/Admin Division) E-mail: anorney@co.dakota.mn.us Re: Third Amendment to Contract for Grooming of Snow Surfaces Our File No. K-00-365 Dear Mr. Olson: Direct Dial: (651) 438-4445 Email: Mike.Ring@co.dakota.mn.us Enclosed for your signature please find the above -referenced amendment which I form. Please have the amendment signed by the authorized representative of the me for execution by the appropriate Dakota County official. Thank you for your assistance in this matter. If you should have any questions or concerns, please feel free to contact this office. have approved as to City and return it to Michael R. Ring Assistant County Attorney MRR:smm Enclosure c: Steve Sullivan, Parks Department w/copy of enclosure VPRANSMIT Criminal Division Phillip D. Prokopowicz, Head VictinVWitness Coordinator Patricia Ronken 30% post -consumer Juvenile and Protective Services Division Donald E. Bruce, Head Office Manager Norma J. Zabel An Equal O nunity Employer Civil Division Jay R. Stassen, Heat! Community Relations Director Diane Anderson s r THIRD AMENDMENT TO CONTRACT BETWEEN COUNTY OF DAKOTA AND THE CITY OF EAGAN WHEREAS, the County of Dakota (hereinafter "County") and the City of Eagan (hereinafter "City") entered into a contract for the provision of grooming of snow surfaces used for cross-country skiing; and WHEREAS, the parties desire to amend the contract so as to enable both parties to continue to enjoy the mutual benefits it provides. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: The term of the Contract shall be extended from December 1, 2000, until May 1, 2001. The hourly rate charged by the County for the snow grooming services shall be increased to $130.00 per hour. All other terms of the Contract between the County and the City shall remain in full force and effect unless otherwise amended or terminated in accordance with law or the terms of the Contract. In any case where this Amendment conflicts with the earlier Contract, this Amendment shall govern. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. pp pved as rm: COUNTY OF DAKOTA � � mac Ib ssistanounty Attorney/Date Approved as to execution: Assistant County Attorney/Date Steve R. Sullivan Parks Director Date of Signature Approved as to form: CITY OF EAGAN Subscribed and sworn to before me this day of , 2000. Notary Public K/K00-365 By: Title: /o Agenda Information Memo November 6, 2000 Eagan City Council Meeting F. GUN CLUB LAKE WMO GRANT APPLICATION FOR NICHOLS MEADOW HABITAT RESTORATION PROGRAM ACTION TO BE CONSIDERED: Support the application by the Gun Club Lake Watershed Management Organization for a Clean Water Partnership Grant. FACTS: • The Gun Club Lake Watershed Management Organization (WMO) took action on October 12, 2000 to submit an application for Clean Water Partnership/ Section 319 funds. • This would support a 2 -year resource and diagnostic investigation called "Nichols Meadow Habitat Restoration Project." • There is a 50/50 cost share associated with this grant. The 50% not covered by the grant would be distributed 1/3 between the City of Eagan, the Lower Minnesota River Watershed District, and Gun Club Lake WMO. • The Advisory Parks Commission expressed their support during the October 16, 2000 regular meeting, and recommends the City Council express support for the grant application. ATTACHMENTS: • Project Location and Drainage map, Nichols Meadow Habitat Restoration Project — • Minnesota Pollution Control Agency Clean Water Partnership/ Federal 319 Program Combined Application p/ 3 — a 6 1 CITY ( P - PROJECT LOCATION Waters of Concern Project Area Tributary Area Drainage Area Nicols Meadow Habitat Restoration Project o 0 3000 6000 Figure 2 Minnesota Pollution Control Agency Clean Water Partnership/Federal 319 Program COMBINED APPLICATION 1. Project Title (10 words, 50 characters or less) Nicols Meadow Habitat Restoration Project 2. Project Sponsor (organization) Name: Gun Club Lake Watershed Management Organization (GCLWMO) Address: 3830 Pilot Knob Road City: Eagan, MN Phone Number: (651) 681-4300 E-mail: emacbeth@ci.eagan.mn.us 3. Project Representative (individual) Name: Eric Macbeth / Title: Chairman Address: 3830 Pilot Knob Road City: Eagan, MN Phone Number: (651) 681-4300 E-mail: emacbeth@ci.eagan.mn.us Indicate who is responsible for results Eric Macbeth 4. Plans: It is important that the water resources in a project area are considered an important resource on a regional and state level as well as by the project proposers. The following section refers to several types of plans and assessments. Name of major watershed the project is located in, 8 digit Hydrologic Unit Code, Lat./Long information and Watershed ID number: *Name of major watershed: Lower Minnesota River Watershed ♦ 8 digit Hydrologic Unit Code: 07020012 ♦Latitude/Longitude: 44°49'35" North, 93°13'19" West ♦ Watershed ID number: 33143 In order to be eligible for 319 funds this type of project must be included in Minnesota's 1994 Nonpoint Source Management Strategy (NPSMS). Please indicate the page numbers of the NPSMS that relate to this project. • The project will focus on mitigating problems associated with urban runoff, groundwater alteration and the restoration of two trout streams and a wetland fen complex. This project is addressed in Chapter 12 of the 1994 Nonpoint Source Management Strategy. /3 7635411700 OCT -12-2000 12:04 WSB & ASSOCIATES INC. 7635411700 P.02/14 In 1998, the MPCA along with 25 other entities completed the first Unified Watershed Assessment (UWA). For an explanation of UWA process and results, please refer to: http://www.pca.state.mn.us/water/basins/cwanlan-restore.html. Using the following web page, please determine the category your project falls into and check the corresponding box. http://www.pcastate.mn.us/artwork/water/basinsfmaela.edf ■ Category 1: Watershed in need of restoration D Category 2: Watershed in need of protection C Category 3: Pristine and sensitive conditions C Category 4: Insufficient information Please refer to the following web page to determine ranking of the watershed that your project is in and check the corresponding box http://www.pca.state.mn.us/artwork/water/bacln4/man2a.edf ■ High Medium Low Is the project in a priority watershed (303(d)/TMDL, UWA priorities, etc) • The project is in a priority watershed identified in the both the final 1998 and 2000 draft TMDL List of Impaired Waters. In addition, Nicols Meadow Fen is classified in Minnesota Rules Section 7050 as a Class 2D water. Is the project referred to in the county water plan? Please include copies of the pertinent pages. • A county plan does not exist for Dakota County, but second generation Watershed Management Plans exist for both the GCLWMO and the Lower Minnesota Watershed District. Is the project listed in the basin plan (if the basin plan is completed)? • The project is referred to in the Gun Club Lake WMO Watershed Management Plan. Relevant sections of this Plan are included in Appendix A. Are there any other plans that your project is identified in? • The project is also referenced in the Lower Minnesota River Watershed District's Watershed Management Plan. Relevant sections of this Plan are included in Appendix B. 5. Type of Project • Resource Investigation/Diagnostic. 0 Project Implementation D Demonstration Project 7635411700 o':T-I2-2000 12:04 WSB 8 ASSOCIATES INC. 7635411700 P.03/14 6. Description of Project Area Project Area (in acres): 20.3 square wiles (Including Tributary Area) Population of Project Area: 40,000 (Including Tributary Area) Land Uses: % Agricultural % Drained/Tiled* 90 % Urban/Suburban 25 % Impervious Surface* % Forest % Wetland 10 % Water % Other (Describe) *If this information is not readily available, estimates will be accepted. Map of watershed and location (please submit on 81/2"x 11" sheets of paper) and indicate the project area (see attachment at the end of the application for further detail) For Lake projects please submit: Lake name: Nicols Fen Lake ID: Lake surface area: Depth (maximum, average): DNR lake classification: Number of inflows: Number of outflows: . Number of public accesses: For stream projects please submit: Stream length: 2.3 miles DNR stream classifications: Class 2, subcategory E and Class 1, subcategory B Number of tributaries: 0 Number of public accesses: 1 Number of dams: none Drainage area at outlet 20.3 sac. mi. Miles of perennial and intermittent streams in watershed N/A Is there any available data on the physical stream channel dimensions for your river of concern? Anticipated to be developed as_part of project. /S 7635411700 01:7-:2-2000 12:04 WSB & ASSOCIATES INC. Is the water of concern a drinking water source? -i4 N 7635411700 P.04/14 *Groundwater alteration due to adjacent land uses may impact the project and will be investigated as part of this project 7. Ground Water Information: Please submit if this is a ground water project Aquifer name (if named) 1.Dskots Type of aquifer 3. to water table (shallow) (ft.) Townships: `Depth Depth to water table (deep) (ft.) 2. Minimum saturated thickness (ft.) 4. Maximum saturated thickness (R) 1.Eaasa Number of municipal wells 3. Number of individual domestic wells Other: - Number of irrigation wells _ Number of observation wells 4. Is the aquifer the only source of drinking water for the project area? Yes Only practical source* No 'Check this box if there are other drinking water sources available, but accessing them would be cost -prohibitive and/or technically difficult. 8. Local Units of Government in the Project Area: Counties: 1.Dskots 2. 3. 4. Townships: 1. 2. 3. 4. Cities: 1.Eaasa 2. 3. 4. Other: 1.Gun Club Like WMO 2.Lowr Minnesota River WD 3. 4. State Senate Districts: 38 State House Districts: 38A • The following government entities are landowners in the project area. *Minnesota Department of Transportation •Minnesota Department of Natural Resources •Metropolitan Council 7635411700 OCT -12-2000 12:05 WSB & ASSOCIATES INC. 7635411700 P.05'14 9. Funding Request (we will consider all MIMS of Aladin that you are eligible for) Please identify any source of funding that you would not accept to initiate and/or complete your projects) project: C Federal Clean Water Act Section 319 Nonpoint Source Fund • Clean Water Partnership Low Interest Loan (available only for implementation 0 Clean Water Partnership Grant Are you applying for a combination grant/loan? 0 Yes ■ No Are you applying for grant funds only? ■ Yes 0No Are you applying for loan funds may? 0 Yes ■ No If grant funds are not available, would you accept loss funds for your project (if eligible)? 0 Yes ,■ No What other funding programs have you applied to or do you plan to apply to, to support this project? How much money have you received from other sources to date, and/or how much are anticipating requesting from other sources? • The GCLWMO anticipates receiving additional funds from the City of Eagan and the LMRWD. For those projects, which are not short, term with a definite end date: How does this project plan to sustain funding for administration and stating beyond the terms of this grant? • One of the goals of the Phase 1 diagnostic study of the Nicols Meadow Habitat Restoration Project will be to develop an implementation plan that all of the various local, state and environmental organizations will participate in implementing. The LMRWD, GCLWMO, City of Eagan and the various state agencies all have the ability to contribute funds and administer the implementation components which will be defined in the Phase 1 study. OCT -12-2000 12:05 7635411700 WSB & ASSOCIATES INC. 7635411700 P.06'14 10. Project Budget: Please complete the following section for all the sources of match money and in-kind contributions for your project. The match requirement is 50 % of the total project costs. Project Sponsors Cash is -kind (Attach additional sheets if necessary) Contribution Contribution To Project (2) To Project (3) A. Project Sponsor contribution: Local Contributing Sponsors: 1. City of Eagan 2. Lower Minnesota River WD 3. 4. B. Local Contributing Sponsors Subtotab: State and/or Federal Contributing Sponsors: 5. 6. C. State and/or Federal Contributing Sponsors Subtotals: (cannot be more that 20% of the total project costs) SUBTOTAL: All project sponsors (A+B+C) CWP/319 Grant amount requested (grant and loan total cannot exceed 5250,000/year, or S750,000 for 3 years) Clean Water Partnership Loan (loans are currently being offered at a 2% interest rate) GRAND TOTALS Total Project Support (2+3) S 13,500 S13,500 $13,500 S13,500 $13,500 S13,500 S40,500 540,500 540,500 540,500 $40,500 To Cash $81,000 Total In-kind $ Total Project Cost 581,000 7635411700 0CT-12-2000 12:05 WSB & ASSOCIATES INC. 7635411700 P.07/14 10. Cont. Project Outlay Budget Summary Please complete the following table by listing the program elements that will comprise your project and estimated cost of each element, for each year of up to a three-year project. Program Element 1. Project Management 2. Background Data Collection 3. Water Quality/Quantity Monitoring 4. EcologicaVBiological Survey 5. Topographic Survey (GPS) 6. Prepare Phase I Diagnostic Report and Implementation Plan 7. 8. 9. 10. Total of Program Elements Funding Type Cash (1) Inland (2) Yr. 1 Yr.2 Yr.3 Yr. 1 Yr.2 Yr.3 32,500 52,500 5,000 10,000 10,000 20,000 12,000 4,000 15,000 Total (1 + 2) Yr. 1 Yr.2 Yr.3 32,500 52,300 5,000 10,000 10,000 20,000 12,000 4,000 15,000 353,500 327,500 S 353,500 327,500 Total Project Cost 10. Cont. Loan Element Information: If you are applying for loan funds please complete the following section. Please complete the following table by listing the program elements that will comprise your project and estimated cost of each element for up to 3 years. Program Element Loan Request Designated Source of Repayment Year l 1. N/A 2. 3. 4. 5. 6. 7. 8. 9. 10. Year 2 Year 3 Total Loan Request Note: The Total Loan Request identified on the page should match the Clean Water Partnership Loan requested on page 4 "The interest rate c)aated bi tbestate to loan amnion for 2000 loans is 2% ow A general Oblioatlon Note Is required for the amount You wish to borrow. 1? 7635411700 OCT -12-2000 12:05 WSB & ASSOCIATES INC. 7635411700 P.08,14 11. Resource Iavestigatlon/Diagnostic Study/Demonstration Project Guidance: If you are applying for resource investigation/diagnostic/demonstration project grant fonds please provide a brief narrative description using the following sections as an outline . Those doing a demonstration project please skip down to section V. L Introduction - Brief description of the water of concern and project area. • Include a list of any special features such u wildlife management areas; refuges; unique or tare biological communities; spawning/nesting areas; or federal. state or regional parks; The project area is located in the City of Eagan, in Dakota County, on the east bank of the Minnesota River, approximately 6.3 miles above its confluence with the Mississippi River. The 525 -acre area is located partially within the boundaries of Fort Snelling State Park. Included in the project area are Harnack Creek and Keneally Creek. Both of these creeks have been designated as trout streams by the MnDNR. These are the only trout streams within the City of Eagan. Another unique feature of this area is Nicols Fen, a calcareous fen, which requires specific hydrologic and chemical conditions to exist. This type of wetland is rare and generally supports unique plant species due to the chemistry of the water. MN Rules 7050 identifies Nicols Fen and classifies it as an "outstanding resource water." • Plans for protection or restoring habitat for endangered/threatened/special concern species The project goal is to identify ways to improve water quality through development of a Management Plan for protection and restoration of the waters of concern. This will include, but not be limited to, the following. • Identify alternatives to current dewatering activities • Identify a storm sewer bypass system • Develop policies concerning property ownership and land use in the area tributary to the project • Develop a plan for the restoration of the trout streams, wetlands, and calcareous fen. • What are you hoping to show with your research project? What we desire to show with this Phase 1 Diagnostic Study and Implementation Report is that it is viable to restore the calcareous fen and trout stream habitat present within the Nicols Meadow complex. .20 OCT -12-2000 12:06 7635411700 WSB & ASSOCIATES INC. 7635411700 P.09/14 II. Statement of existing water quality conditions and problems. • What is the current state of the water of concern? Stormwater runoff has created problems in the project area. The GCLWMO and LMRWD Watershed Management Plans identify problems related to raised water temperatures due to storm water flows as being a concern to Keneally and Harnack Creeks. Nicola Fen has experienced some erosion as a result stormwater runoff. Nicols Fen has experienced a reduction of ground water inflow due to nearby dewatering operations and development in upstream areas. • What are the water quality problems? One problem with water quality is the limited availability of monitoring data for: chemistry in the Fen, water temperatures and oxygen content in the streams and the overall understanding of the effects that storm water outfalls are having on the Nicols Meadow complex. • ' Please define the issues of concern to local citizens, resource managers and decision makers The Nicols Meadow Complex is directly adjacent to Fort Snelling State Park and the National Wildlife Refuge. Several governmental and non-governmental officials have concerns associated with the continued degradation of trout streams and the Fen complex. Those officials expressing concerns are: MnDNR, Met Council, Trout Unlimited, Friends of the Mumesota River, U.S. Fish & Wildlife, City of Eagan, LMRWD, GCLWMO, and Mn/DOT. Each of these agencies has acknowledged the decline in habitat resources in the Nicols Meadow Complex. However, all have also acicnowledged that no one agency is equipped to solve the issues. Therefore; this Phase 1 study will provide the mechanismits through which each agency will be able to contribute share or part in restoring this valuable resource. • Include a summary of any available observational and water quality data including any water quality monitoring data or existing reports that are available An initial reconnaissance of available records will be performed as part of the project. Information that is not available will be collected as part of the field study. The information that may be readily available includes the following. • Groundwater pumping rates from the Seneca Wastewater Treatment plant • Groundwater levels from the Seneca Wastewater Treatment plant • Historical flows for the Minnesota River and the creeks in the study area Additional information that will be gathered in the field includes the following. • Ecological surveys • Soils investigation • Topographic surveys • Additional stream monitoring for water quality and quantity • Groundwater study, including chemical analysis, quantity determination, and elevation/drawdown determination • Stream Morphology Study Ji OCT -12-2000 12:06 7635411700 WSB & ASSOCIATES INC. 7635411700 P.10/14 M. Statement of the existing and desired uses of the water of concern. Be specific! • wbat are the existing uses of the water of concern (current reality)? Historically, both Harnack and Keneally Creeks were categorized as trout streams. In their current condition the creeks serve primarily as storm water conveyance systems with degraded trout habitat. This area is directly adjacent to a state park and will continue to degrade if left in its current state. • What are the desired uses of the water of concern? Be specific about both the use and the part of the water of concern where the use is desired. For example, rather than indicating that s desired use is an improved fishery, specify that you would like to see improved trout fishing on X stream reach or an improved walleye fishery on Y lake within the watershed. The goal of the project is to restore both creeks to a sustainable trout fishery throughout their entire lengths. Return hydrology to Nicols Fen and to establish a health calcareous fen complex. • Who do you anticipate would use the water of concern in this manner? Once the goal is met, fishermen, hikers, and naturalists will use the area for outdoor recreation. The development of interpretive exhibits would allow the area to be used by school children, and others, for educational and scientific opportunities. The City of Eagan is nationally recognized and committed to providing and improving educational opportunities to their community and beyond. IV. Preliminary goals and objecdves. • What you would like to accomplish during the project? Be as specific as you can and include nurnerical water quality goals if possible The primary goal of the project will be to restore Keneally and Harnack Creek to a sustainable trout fishery by stabilization of stream banks, creation of riffles and pools, establishment of riparian areas, and implementation of BMP's in upstream tributary areas. The following water quality goals should be met to maintain a sustainable trout habitat. • Water temperature: less than 72' F • Oxygen concentration: greater than 10 mg/1 • How will success be measured in ways meaningful to citizens, local managers and decision makers? The ultimate goal of this project is that the public and local managers should be able to observe a sustainable trout stream and thriving calcareous fen wetland complex. At a lower level, success will also be measured with the establishment a warm water fishery and educational opportunities presented by these resources. The goal of the Phase 1 study is to prepare an implementation plan that will guide all the agencies involved to achieve this goal. • What are the desired environmental outcomes? How will you determine if the desired outcomes have been achieved? The Phase 1 study will be successful when implementation by the various agencies begins. The final outcome will be a restored Nicols Meadow complex that will be used for education and recreation. taa OCT -12-2000 12:06 7635411700 WSB & ASSOCIATES INC. 7635411700 P.11,14 V. Demonstration project information: Please describe your demonstration project in detail. • Who is your target audience(s)? • What you would like to accomplish during the project? Be u specific u you can and include numerical water quality goals if possible. • How will you measure suc�ccess?(i.e. number of participants, newsletter distribution, changes in behavior) • Will you be producing a product? If so, bow do you plan to distribute it? How will you transfer the technology? • Special features of your demonstration project • How will you do outreach? How will you get people interested and get them to participate? This project is not a demonstration project. VL Identifation and summary of project or demonstration activities. • Include the major program elements. This project is not a demonstration project. YII. Preliminary schedule. • What is the anticipated schedule for the major project or research activities? A preliminary schedule, including major milestones, is outlined below. 1. Prepare detailed project work plan 2. Gather existing background information 3. Gather field information 4. Prepare Phase T Diagnostic Study and Implementation Plan VIII. Estimated budget. • What is the estimated budget for the project? April, 2001 June, 2001 August, 2002 December, 2002 A detailed description of the 581,000 budget is given in Section 10 of this application. • Do you have the resources? If not, is there adequate funding an the request? (Project sponsors will need to assume most of the technical activities previously done by MPCA staff. Please take this into consideration when formulating the project budgets.) The budget was developed with the assumption that staff of the GCLWMO will accomplish the Phase I work with assistance from: LMRWD, City of Eagan, MnDNR, Trout Unlimited, Metropolitan Council, Mn/DOT, and Friends of the Minnesota River. The funding request has been developed accordingly. a3 OCT -12-2000 12:07 /b:s5411700 WSB & ASSOCIATES INC. 7635411700 P.12'14 12 WRAS DEVELOPMENT GUIDANCE: Please mi out this section if you are applying for implementation grants or loans. In order to be eligible for CWP grant or loan binds or 319 grant funds to do implementation work, you must have either an approved CWP phase I diagnostic and implementation (work) plan or a Watershed Restoration Action Strategy (WRAS) to serve as a work plan that can be approved by the Environmental Protection Agency (EPA). Below is a list of the necessary elements of a WRAS. If you have completed a CWP phase 1, diagnostic and implementation plan yon do not need to complete a WRAS, as the information included in a phase I satisfies the 319 requirement for a WRAS. Please include an executive summary of the Diagnostic Study and the Implementation Plan. We understand that your Phase I plan contains much of the information on your project. Unfortunately not all the reviewers will have access to your plan. To minimize duplication of effort we encourage you to use information directly from your plan to the extent possible. In addition, please include a project summary (maximum 4 pages single-spaced) that describes your project in this section. This is your opportunity to present the project in your own words and as a whole. Watershed Restoration Action Strategy (WRAS) Guidance A well-designed plan for a successful watershed implementation project typically includes the following: 1. Define the Problem • State the existing conditions of the affected resource and how the situation presents an opportunity to prevent water pollution. • Identify the water quality threat or problem: Please include a summary of observational and water quality data • Include a list of existing reports and data concerning water quality and land use • Critical areas: Please describe the size and location of the critical areas to be treated 2. Build a Project Team and Public Support • Please describe the roles and responsibilities of agencies active within the watershed. What is the lead entity for this project? • What is the process for cross -agency coordination? • Is the project integrated with existing programs? Does the project reference other agencies involved? • How are you going to maintain public participation and involvement? • Please describe any educational or outreach activities • How will you communicate the lessons learned through this project to others in the state and beyond? ay 1' OCT -12-2000 12:07 7635411700 WSB 8 ASSOCIATES INC. 7635411700 P.13,14 • Please include with the application a flow chart/organizational chart that illustrates the projects organizational structure. Be sure to include the project sponsors, federal and state agencies, local governments and any others that will be involved in the project 3. Set Goals and Identify Solutions • State clear, articulate, and quantifiable goals and objectives. • What do you expect to accomplish in a 2 to 5 year period? Be Specific! What are the numeric goals for the project? • What are the existing uses of the water of concern? • What are the desired uses of the water of concern? Again, be specific! • What are the objectives for each of the water quality problems identified? • Which agency (or agencies) is responsible for evaluation/implementation? • Does the WRAS contain appropriate measures of progress/indicators toward meeting project goals and objectives (e.g., number of people attending workshops; changes in pollutant loadings) • Have you identified the appropriate lead agencies to oversee the various implementation, maintenance, monitoring and evaluation activities? • State the water quality outcomes anticipated directly or ultimately from the proposed project. 4. Implement Controls • Please include a schedule and timeline describing the location and types of best management practices (BMP's), program and educational activities to be implemented within the project area. • Please include a discussion as to how all the program components will be applied (technical assistance, information/education, financial assistance and monitoring and evaluation). • Please include a quality assurance plan for construction activities, and a BMP operation and maintenance plan. S. Measure success • What are the desired environmental outcomes directly or ultimately from the proposed project? Please be specific. How will you measure those outcomes? • Monitoring and evaluation: Using the project goals identified above, please describe the monitoring component of your project. How are you going to measure effectiveness. If the project does not have a post -monitoring commitment, has the state made one? • Monitoring should be done following a specific plan including concise goals and targeting, specific milestones and a firm end date. Please describe your plan. • How will success be measured in ways meaningful to citizens, local resource managers, and decision -makers? aS f CT -12-2000 12:0? 7635411700 USS & ASSOCIATES INC. 7635411700 P.14/14 6. Funding • What are the details of the proposed project budget? • Funding needs to support the implementation and maintenance of restoration measures. This should include funding that would be available through federal assistance programs, state funds and other resources. Please explain the details of the proposed project budget. Please itemize your budget with milestones in accordance with your budget plans (answering what, when, how and how much). If the project is producing documents, MPCA will need two paper copies of each document if these documents are not available electronically. 13. Signature of Project Sponsor To the best of my lmowledgc, the data in this application and the supplemental data provided is true and correct, and the governing body of the applicant has duly authorized this application. Name: Date: Attachments: Board Resolution Map (on 81/2" x 11" sheets of paper for copying purposes) Contributing sponsor information forms Appendices: A. Relevant Sections of GCLWMO Watershed Management Plan. B. Relevant Sections of LMRWD Watershed Management Plan. C. Joint Powers Agreement. ab TOTAL P.14 /1 Agenda Information Memo November 6, 2000 Eagan City Council Meeting G. APPROVE PURCHASE AGREEMENT, 3811 ALDER LANE ACTION TO BE CONSIDERED: To approve a purchase agreement in the amount of $145,000 for the Heu residential property at 3811 Alder Lane and authorize the City Attorney and City Administrator to execute the necessary documents. FACTS: • At its meeting of October 17, 2000, the City Council authorized staff to negotiate the purchase of the single-family residential property at 3811 Alder Lane. • Ehlers and Associates, the City's project management consultant for the Cedar/13 redevelopment, has advised that purchasing the property now would be a prudent and responsible action, in light of the potential redevelopment of the Beau D' Rue Drive and Silver Bell Road area. • The City staff has worked with the City Attorney's office to facilitate execution of a purchase agreement with all affected parties, including the adult daughter of the deceased co-owner and her attorney, Mr. Heu and his attorney, and a court-appointed guardian ad leitem that is representing the interests of the minor children. • An independent appraisal of the property was performed for the City. The offer of $145,000 is consistent with the current market value of the property. • The living co-owner of the property will not contest the sale of the property. Final execution of the purchase agreement by all parties and court approval will be necessary before the transaction is completed. ATTACHMENTS: • Purchase agreement is attached on pages through . 7 PURCHASE AGREEMENT The undersigned, THE CITY OF EAGAN, hereinafter referred to as "Buyer", hereby agrees to purchase from FU JOSEPH HEU and the ESTATE OF MARIE H. HEU, hereinafter referred to as "Seller", interest in real estate legally described as follows: Lot One (1), Block One (1), Langhoven Addition, according to the recorded plat thereof, Dakota County, Minnesota, including the following property, if any, owned by Seller and used and located on said property: garden bulbs, plants, shrubs, and trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached lighting fixtures and bulbs; plumbing fixtures, water heater, heating plants (with any burners, tanks, stokers and other equipment used in connection therewith), built-in air conditioning equipment, electronic air filter, Water Softener/ OWNED/RENTED/NONE built-in humidifier and dehumidifier, liquid gas tank and controls (if the property of Seller), sump pump; attached television antenna, cable TV jacks and wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook top stoves, microwave ovens, hood fans, intercom's; ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and heatilators; AND: the following personal property: None. (the "Property") upon the terms and conditions hereinafter set forth: 1. Purchase Price. The purchase price for the Property shall be One Hundred Forty-five Thousand and no/100 Dollars ($145,000.00). 2. Payment of Purchase Price. The purchase price shall be paid as follows: a. One Dollar and no/100 ($1.00) Dollars by Check (earnest money), the receipt of which is hereby acknowledged. b. The balance of One Hundred Forty-four Thousand Nine Hundred Ninety-nine and no/100 Dollars ($144,999.00) in cash or certified funds on or before November 22, 2000, the date of closing. .381 3. Title and Examination. Within ten (10) days after acceptance of this Agreement, Seller shall provide evidence of title, which shall include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments to Buyer or Buyer's designated title service provider, as follows: Seller shall provide: (1) commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed to write title insurance in Minnesota. If the Seller chooses to provide an owner's policy of title insurance rather than update an abstract of title, Seller shall pay the entire premium, title examination fee and the costs of evidence of title for such title insurance policy if no lender's policy is obtained, or only the additional cost of obtaining a simultaneously issued owner's policy if a lender's policy is obtained. (Buyer shall pay the premium and the title examination fee for the lender's policy); or (2) an abstract of title certified to date. If Seller chooses to update an abstract, Seller shall pay for all abstracting fees. Seller shall surrender any abstract in Seller's possession or control to Buyer at closing. Seller shall use Seller's best efforts to provide marketable title by the date of closing. In the event Seller has not provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable or, in the alternative. Buyer may waive title defects by written notice to the Seller. In addition to the 30 day extension, Buyer and Seller may by mutual agreement further extend the closing date. Lacking such extension, either party may declare this Purchase Agreement null and void; neither party shall be liable for damages hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller shall immediately sign a cancellation of Purchase Agreement. 4. Real Estate Taxes. Real Estate taxes for all years prior to the year of closing shall be Seller's responsibilities. Real estate taxes due and payable in the year of closing shall be prorated C)? to the date of closing. Buyer shall be responsible for the real estate taxes in 2001 and all subsequent years. 5. Special Assessments. Buyer shall be responsible for any special assessments, levied and/or pending, as of the date of this Agreement. 6. Risk of Loss. If there is any loss or damage to the property between the date hereof and the date of closing, for any reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property is destroyed or substantially damaged before the closing date, this Purchase Agreement shall become null and void, at Buyer's option, and earnest money shall be refunded to Buyer; Buyer and Seller shall immediately sign a cancellation of Purchase Agreement. 7. Entire Agreement. This Purchase Agreement, any attached exhibits and any addenda or amendments signed by the Parties, shall constitute the entire agreement between Seller and Buyer, supersedes any other written or oral agreements between Seller and Buyer. All monetary sums are deemed to be United States currency for purposes of this agreement. 8. Default. If Buyer defaults in any of the agreements herein, Seller's exclusive remedy shall be to terminate this Purchase Agreement, and payments made hereunder may be retained by Seller as liquidated damages. 9. Closing. Closing shall take place on or before November 22, 2000, at wherever designated by Buyer, time being of the essence. 10. Possession. Seller shall deliver possession of the property not later than the date of closing. All interest, homeowner association dues, rents, fuel oil, liquid petroleum gas and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties 3 30 as of the date of closing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession date. 11. Obligation of Parties at Closing. At the closing between Buyer and Seller with respect to the Property: A. Seller shall: i. execute and deliver a Warranty Deed conveying fee title to the Property to the Buyer, free and clear of all liens and encumbrances, subject to the following: Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; and (D) Utility and drainage easements which do not interfere with existing improvements. B. Buyer shall: i. make the necessary payments as required under Article 2; C. Each party shall execute such other instruments, certificates and affidavits as the other party's attorney reasonably may request. 8. Notices. Any notices under this Purchase Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: To the Seller: Estate of Marie H. Heu Attn: John R. Kempe, Esq. McCullough, Smith, Wright & Kempe, P.A. 905 Parkway Drive St. Paul, Minnesota 55106-1098 To the Buyer: City of Eagan Attn: Jamie Verbrugge 3830 Pilot Knob Road Eagan, Minnesota 55122 4 31 With a Copy to: Robert B. Bauer, Assistant City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 12. Headings. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 13. Governing Law. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 14. Heirs, Successors and Assigns. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF the parties have executed this Purchase Agreement this day of , 2000. SELLER: BUYER: ESTATE OF MARIE H. HEU CITY OF EAGAN By: By: Personal Representative of the Estate of Marie H. Heu Fu Joseph Heu Patricia E. Awada Its: Mayor By: Holly N. Duffy Its: Clerk 5 3,2 Agenda Information Memo November 6, 2000 Eagan City Council Meeting H. SCHEDULE CEDAR/13 CONCEPT REFINEMENT OPEN HOUSE FOR NOVEMBER 28, 2000 ACTION TO BE CONSIDERED: To schedule a Redevelopment Concept Refinement Open House for the Greater Cedarvale Area for Tuesday, November 28, 5:00-7:00 p.m. at the offices of Vision Technologies, 3900 Sibley Memorial Highway. FACTS: • At its Special City Council Meeting on September 26, the Council directed staff to continue the process outlined by project management consultant Ehlers and Associates for refining the redevelopment concept for the Cedar Avenue and Highway 13 (Greater Cedarvale Area) Redevelopment Study Area. • The concept refinement process has included meetings with developers and real estate market experts to review the various components in the Village Plaza concept presented to the City Council by the Cedar/13 Task Force in December 1999. Developers and market specialists were asked to give their opinions regarding the feasibility of the elements included in the Task Force report. Concept refinement is intended to identify uses and areas that are market -ready, and uses and areas that might have a market in the future. • The open house is an important component of public involvement to share the redevelopment process with residents and businesses, and solicit feedback. Comment cards will be available at the open house. City staff and consultants will also be present to directly answer questions and explain the review process and next steps. • The offices of Vision Technologies are located in the former bank building at the intersection of Rahn Road and Cedarvale Boulevard. The open house will be held in the lower level of the building. This is the same location that the community open house was held during the Cedar/13 Task Force process. .�3 Agenda Information Memo November 6, 2000 I. CONTRACT 00-02, HILLTOP ESTATES, VIENNA WOODS, WILDERNESS PARK STREET REHABILITATION ACTION TO BE CONSIDERED: To approve the final payment for Contract 00-02 (Hilltop Estates, Vienna Woods, Wilderness Park — Street Rehabilitation) in the amount of $26,544.47 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 00-02 provided for the street rehabilitation of Hilltop Estates (Project 754), Vienna Woods (Project 781), and Wilderness Park (Project 783). • The Hilltop Estates neighborhood included Berry Ridge Road, Hilltop Lane, Strawberry Lane, Raspberry Lane, Raspberry Court, Blueberry Lane, Blueberry Court, Blueberry Knoll, Blueberry Circle, and Pilot Knob frontage road, all northeast of the intersection of Pilot Knob Road and Cliff Road. • The Vienna Woods neighborhood included Pin Oak Drive, Kings Road, Oak Way, Viburnum Trail, and Vienna Lane, all northeast of the intersection of TH 77 Freeway (Cedar Avenue) and I -35E. • The Wilderness Park neighborhood included Carlson Lake Lane, Dunrovin Place, East Balsam Trail, Wilderness Park Circle and Wilderness Park Court, all northeast of the intersection of Pilot Knob Road and Wilderness Run Road. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 3f Agenda Information Memo November 6, 2000 Eagan City Council Meeting J. CONTRACT 00-09D, CHANGE ORDER #1 (COACHMAN WATER TREATEMENT FACILITY — REROOFING) ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 00-09D (Coachman Water Treatment Facility — Reroofing) and authorize the Mayor and Deputy City Clerk to execute all related Documents. FACTS: • Contract 00-09A provides for the re -roofing of Well Houses # 1-4 & 6. During the removal process, it was discovered that the existing wooden fascia for Well Houses #1, 2 & 3 had to be removed and replaced. An estimate was requested from the general contractor to replace the fascia with a metal seam system compatible with the parapet capping system. The quotation received was $9,600. This seemed excessive for the extent of the work requested and was not accepted. • Contract 00-09D provides for the re -roofing of the Coachman Water Treatment Plant by a different contractor. A quote of $2,800 was received for this same work. Subsequently, a Change Order to Contract 00-09D is being presented for the Council's consideration. 3.s' Agenda Information Memo November 6, 2000 Eagan City Council Meeting K. COMPLETION OF FIRE ADMINISTRATION CONSTRUCTION PROJECT ACTION TO BE CONSIDERED: Approve the completion of principal construction and contracting of the Fire Administration facility. FACTS: • There are no construction projects remaining on the facility that lie within the scope of the original project. • The Fire Administration building has been operational since January 1999. ATTACHMENTS: • None. 3 6 Agenda Information Memo November 6, 2000 L. PROJECT 96 -BB, GARDENWOOD PONDS 2ND ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 96 -BB (Gardenwood Ponds 2nd Addition — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Gardenwood Ponds 2nd Addition was constructed by D. R. Horton, Inc. south of Wescott Road on both sides of North Ridge Drive. This single family development required the grading of the site, sanitary sewer, water main, storm sewer, and street construction (Govern Circle, Hyland Court, Overlook Court, and Woodcliff Court), which was all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 3 9 Agenda Information Memo November 6, 2000 M. PROJECT 98 -EE, EAGAN WOODS OFFICE PARK 2ND ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 98 -EE (Eagan Woods Office Park 2nd Addition — Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Eagan Woods Office Park 2nd Addition was constructed by OCB Realty southwest of the intersection of Interstate 494 and County Road 31 (Pilot Knob Road). This development required the installation of sanitary sewer, water main, and storm sewer, as well as grading and the street reconfiguration of Buffet Way, for the Old Country Buffet corporate headquarters, which was all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 3B' Agenda Information Memo November 6, 2000 N. PROJECT 99-A, GARDENWOOD PONDS 4TH ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 99-A (Gardenwood Ponds 4th Addition — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Gardenwood Ponds 4th Addition was constructed northeast of the intersection of North Ridge Drive and Northview Park Road. This development required the grading of the site, sanitary sewer, water main, storm sewer, and new street construction, Big Timber Trail and Bald Lake Court, to serve this single family development. This construction work was all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 39 Agenda Information Memo November 6, 2000 O. LICENSE RENEWALS FOR THE YEAR 2001, TRASH HAULER, TREE CONTRACTOR AND TOBACCO LICENSES ACTION TO BE CONSIDERED: To approve the license renewals for the year 2001 trash hauler, tree contractor and tobacco licenses. FACTS: • The City annually licenses parties doing business in the above -referenced categories. These licenses are in order for review by the Council at this time. ATTACHMENTS: • List of licensees requesting renewal on pages // through qv . 90 Starks Saloon 3125 Dodd Road Eagan, MN Kwik Trip 3145 Dodd Road Eagan, MN Oasis Market #590 4250 Lexington Avenue Eagan, MN Oasis Market #518 3390 Coachman Road Eagan, MN Oasis Market #594 1286 Lone Oak Road Eagan, MN SuperAmerica #4182 1406 Yankee Doodle Road Eagan, MN SuperAmerica #4464 2250 Cliff Road Eagan, MN Casper's Sports Barn 4625 Nicols Road Eagan, MN Big Top Wine & Spirits 1282 Town Centre Drive Eagan, MN Pro Stop 850 Lone Oak Road Eagan, MN Cellars Wines & Spirits 2113 Cliff Road Eagan, MN Holiday Stationstore #232 4595 Nicols Road Eagan, MN Holiday Stationstore #318 3044 Holiday Lane Eagan, MN 2001 TOBACCO LICENSE RENEWALS Eagan E -Z Stop 4195 Nicols Road Eagan, MN Tom Thumb 1815 Diffley Road Eagan, MN Oasis Market #576 3150 Dodd Road Eagan, MN Oasis Market #375 1424 Yankee Doodle Road Eagan, MN SuperAmerica #4049 4200 East Hwy. 13 Eagan, MN SuperAmerica #4335 1379 Town Centre Drive Eagan, MN Cedar Cliff Amoco 4600 Slater Road Eagan, MN Green Mill Restaurant 1940 Ralmcliff Court Eagan, MN Sid's Discount Liquor (formerly Big Top) 3900 Beau D'Rue Drive Eagan, MN Liquor Shoppe 4250 Lexington Avenue Eagan, MN Holiday Stationstore #68 1065 Diffley Road Eagan, MN Holiday Stationstore #247 3615 Pilot Knob Road Eagan, MN Joe Senser's 3010 Eagandale Place Eagan, MN MGM Spirits 4182 Pilot Knob Road Eagan, MN Byerly's Inc. 1299 Promenade Place Eagan, MN Byerly's Wines & Spirits 1299 Promenade Place Eagan, MN Wal-Mart 1360 Town Centre Drive Eagan, MN Walgreens 1278 Town Centre Drive Eagan, MN Tobacco, Etc. 1430 Yankee Doodle Road Eagan, MN Yocum's Market 1 579 Cliff Road Eagan, MN Nitti Sanitation P.O. Box 27 S. St. Paul, MN E&M Liquor 1444 Yankee Doodle Road Eagan, MN Lost Spur 2750 Sibley Memorial Highway Eagan, MN McG's 1969 Silver Bell Road Eagan, MN Walgreens 4220 Lexington Avenue Eagan, MN Walgreens 2010 Cliff Road Eagan, MN Rainbow 1276 Town Centre Drive Eagan, MN 2001 TRASH HAULER LICENSE RENEWALS — RESIDENTIAL 2001 TRASH HAULER LICENSE RENEWALS — CONSTRUCTION/DEMO All-Star Disposal 7845 E. Boyd Court Inver Grove Heights, MN Randy's Sanitation P.O. Box 169 Delano, MN Total Sanitation 6417 Penn Avenue Richfield, MN Keith Krupenney & Son '/ oz Walter's Recycling & Refuse P.O. Box 67 Circle Pines, MN Twin City Refuse, Transfer & Recycling 318 N. W. Water Street St. Paul, MN JME 1401 Fallon Avenue Monticello, MN Buckingham Trucking 1214 Hall Avenue West St. Paul, MN Henningsen Construction Service 13926 Duluth Court Apple Valley, MN Haul -Tech 7675 W. Highway 13 Savage, MN Lloyd's Construction 7207 W. 128th Street Savage, MN Alpha Construction Services 6580 135th Street West Apple Valley, MN 5980 Credit River Road Prior Lake, MN Dan's Containers Box 87 Newport, MN Haugen 's Haulers 7386 31St Street SE Buffalo, MN Nitti Sanitation 1725 Meadow View Rpad Eagan, MN Aspen Waste Systems 2523 Wabash Avenue St. Paul, MN 2001 NEW TRASH HAULER LICENSES — CONSTRUCTION/DEMO 1 -800 -GOT JUNK 13823 Firelight Way Apple Valley, MN 2001 TRASH HAULER LICENSE RENEWALS — COMMERICAL Haul -Tech 7675 W. Highway 13 Savage, MN Aspen Waste Systems 2523 Wabash Avenue St. Paul, MN 2001 TREE MAINTENANCE CONTRACTOR LICENSE RENEWALS Shorewood Tree Service 14015 County Road 122 Watertown, MN Huston's Landscaping 13404 Oakland Drive Burnsville, MN 3 Rainbow Tree Company 2239 Edgewood Avenue St. Louis Park, MN R&R Tree Experts 24546 Cedar Point Road New Prague, MN The Davey Tree Company 1500 N. Mantua Street Kent, OH Roggenbuck Tree Care 16644 Imperial Way Lakeville, MN 2001 COMMERCIAL FERTILIZER APPLICATOR LICENSE RENEWALS Turf Operations 6846 Washington Avenue Eden Prairie, MN g r Agenda Information Memo November 6 Eagan City Council Meeting P. APPROVE Construction/Demo license for 1 -800 -GOT -JUNK for 2001 ACTION TO BE CONSIDERED: To approve or deny the license application submitted by 1 -800 -GOT -JUNK. FACTS: • 1 -800 -GOT -JUNK has submitted an application for a hauler license to the City of Eagan and paid the necessary application fees. • The business is located in Apple Valley and operates with one truck handling construction/demolition debris. ATTACHMENTS: • The application is attached without page number. S Agenda Information Memo November 6, 2000 Eagan City Council Meeting Q. APPROVE PURCHASE OF WATER QUALITY EQUIPMENT Action to be Considered: Approve purchase of a used aquatic plant harvester, shore conveyor, and trailer from the City of Bloomington for $10,000.00. FACTS: • To assist in its emergency cleanup efforts after the July 7-8 super storm, the City of Eagan borrowed aquatic plant harvesting equipment from the City of Bloomington. This equipment was critical to the efforts by the City of Eagan to remove from Thomas Lake floating plant mats that were impeding stormwater flow at the outlet structure. Thomas Lake is a critical stormwater area for much of the southern half of the city, where most of the heavy rains occurred. Approximately 750 cubic yards of plant material was removed from the lake by City staff in one week. In the subsequent time period, Thomas Lake was able to lower back to normal water levels. • During the time of the emergency cleanup, it was learned that the City of Bloomington no longer wanted to own the equipment. It acquired the equipment in the mid 1980s and regularly used it for the first 5 to 8 years but hadn't use the harvester in about 6 years. The equipment has approximately 1,500 hours of use and recently has been overhauled. The City of Bloomington has maintained the equipment regularly. • On October 11, 2000, the City of Bloomington formally solicited proposals to purchase the plant harvester equipment. City of Eagan staff formally offered $10,000.00 on October 19, 2000, with an eventual sale contingent upon Eagan City Council approval. The City of Bloomington formally accepted the bid on October 31, 2000. • The plant harvester equipment consists of a barge, shoreline conveyor, and trailer. According to the Wisconsin company that manufactured it and still provides replacement parts, the current cost of new such equipment is about $100,000, and the estimated fair market value of such used equipment is $20,000 to $30,000. • As part of its comprehensive water quality program, City of Eagan annually acquires DNR permits to harvest aquatic plants from 6 to 8 priority waterbodies. Each year, the Water Resources Division hires a commercial operation to harvest 2 to 3 priority waterbodies, depending on need. However, because there are so few such commercial operations in the area, there is usually a one- to two-week time delay to receive services. The annual Stormwater/Water Quality budget for commercial harvesting services is $25,000. • The City of Eagan potentially could use this equipment on up to 6 of its Class I lakes. Staff estimates an overall budget savings (reduction in commercial harvesting services) in the short term (2 to 5 years of operation). An estimated annual budget for equipment maintenance would be $5,000 in parts and labor; an annual operation budget also would be about $5,000. V6 Agenda Information Memo November 6, 2000 Eagan City Council Meeting R. PROJECT 742R, WESCOTT WOODLANDS (ASSESSMENT AGREEMENT) ACTION TO BE CONSIDERED: Approve the Assessment Agreement for parcels 10- 83700-034-03 & 036-03 (Vinge) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Project 742R provided for the installation of street and utility improvements along Wescott Woodlands from Yankee Doodle Rd. to the Carriage Hills Golf Course entrance. • The Final Assessment Roll was presented and approved at a public hearing held on Oct. 17, 2000. However, the City Council provided an option for the pre-existing homeowners to have their assessments pertaining to the sewer and/or water laterals postponed to a later connection or development date subject to the property owner executing the appropriate recordable agreement prepared by the City Attorney's office. • The owners of the above referenced parcels have complied with this stipulation and the agreement is being presented to the Council for their favorable consideration. v� Agenda Information Memo November 6, 2000 PUBLIC HEARINGS A. MURPHY FARM (LOT 2, BLOCK 2) EASEMENT VACATION ACTION TO BE CONSIDERED: To approve the vacation of a portion of a public drainage and utility easement on Lot 2, Block 2, Murphy Farm (Parcel 10-49500-020-02) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On September 14, 2000, City staff received a letter from Joe Wright, 1693 Galway Lane, requesting the vacation of a portion of the existing rear lot drainage and utility easement on Lot 2, Block 2, Murphy Farm, northwest of the Deerwood Drive overpass of Interstate 35-E. • On October 3 the City Council received the petition for this vacation, and set a public hearing for November 6 to consider vacating said easement. • The drainage and utility easement was originally dedicated as part of the Murphy Farm plat as a typical rear lot easement for Lot 2. • The purpose of the request is to allow the Wright Family to construct a swimming pool in their backyard. The vacation of this portion of the drainage and utility easement would allow the construction of the pool deck in this area. • The request would vacate a 5' section of the existing 10' wide easement on Lot 2. The remaining 5' width is adequate for public drainage and utility easement purposes. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page 91 • Legal Description & Graphic, pages LJ & S . • Petitioner's Letter, pages 5.01 and . 92' SILVER BELL R i \--,1,_,Li=rel ,r__ ,, , c DRIVE DIFFLEY ROAD 6 >- z Z 2 O ( CO. RD. 30 ) Y Q 0 0-18-2000 City of Eagan 0 cc W C0 0 EE EASEMENT VACATION LOCATION MAP Lot 2, Block 2 MURPHY FARM 49 Description to drainage and utility easement to be vacated: Said drainage and utility easement lying over and across the following described property: The easterly 24 feet of the westerly 29 feet of the southerly 5 feet of the northerly 10 feet of Lot 2, Block 2, Murphy Farm, according to the recorded plat thereof, Dakota County, Minnesota. Lot 9 AREA TO BE VACATED 1 1 Lot 1 Bock 2 5 5 L_ in Lot 2 #1693 Galway Lane City of Eagan Proposed Drainage & Utility Easement Vacation Lot 2, Block 2, Murphy Farm 9-21-2000 Fig. 1 FRRBD' Date: 9/14/00 To: John Gorda — Engineering Technician, City of Eagan Department of Public Works 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 From: Joe and Heather Wright, 1693 Galway Ln Eagan, Minnesota 55122 (651) 452-8187 Ref Petition to Vacate Easement Dear Mr. Gorda and the City of Eagan, I would like to thank you for your efforts in communicating the "process" for a petition to vacate easement. My wife and I are new to this type of procedure and appreciate the extra time and effort in explaining the process, preparing paperwork and listening to our concerns. Our goal is to add an in -ground pool to our backyard. My wife and 1 have two sons (Jake=3-1/2 & TJ=2) and identical twin boys on the way! (Due in December). With four boys and my wife home alone quite a bit, we need many activities to keep them busy. A pool will help solve some of these fun issues we wiU face. Our immediate concern is the ability to fit the pool in such a way that we still allow space for our kids to play ball, games and other activities on grass. By looking at the drawing provided, it makes the most sense for my family to fit the pool from the backside of our home extended to the lot line. This should provide us ample room for our pool, the surrounding cement and play area for our boys. Under the current Eagan guidelines, we have a (10ft) easement on the back lot line. At (1 Oft), we do not have enough room to fit the size pool requested. We are asking for a vacant of easement to reflect a (5ft) requirement on the back lot line. This extra (511) will provide the necessary space to fit our pool and give our four boys the fiui, room and space to grow. 6533 Flying Cloud Drive, Eden Prairie, MN 55344 USA • (800) 459-5636 • (612) 941-9470 FAX: (612) 941-7836 • Web: www.fargo.com • E-mail: sales@fargo.com FRRBD° Please consider our request and let me know if additional paperwork is needed. I value our relationship with Eagan, enjoy living in this suburb and will respect your final decision. My wife and I hope this decision will be in our favor. We hope to begin camlruclion on the pool immediately — this fall if passible. If there is anyway we can help speed up the process to a decision, we are glad to help. We do have neighbors with pools and some with prior approvals for (5ft) easements. I hope this helps your decision process. Thank you for all your help and we look forward to your reply. Joe, Heather, Jake, TJ, Twin Boy #1, Twin Boy #2 — The Wrights! 1693 Galway Ln, Eagan, MN 55122, 651-452-8187 6533 Flying Cloud Drive, Eden Prairie, MN 55344 USA • (800) 459-5636 • (612) 941-9470 FAX: (612) 941-7836 • Web: www.fargo.com • E-mail: sales©fargo.com S3 Agenda Information Memo November 6, 2000 Eagan City Council Meeting PUBLIC HEARINGS B. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To approve or deny certification of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: • The City currently has approximately 212 utility bill accounts with delinquent payments. The assessable amount of these accounts is $40,749.63. These items are in order for certification to the County. ATTACHMENTS: ,/ • Delinquent account list; pagesthrough 6.,) . Y REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1020860105 1030330304 1030900303 1031110803 1040250104 1040290703 1040450702 1040770802 1041070205 1050620204 1060110202 1060650701 1061120002 1061241402 1070120904 1070390801 1070670305 1080250203 1090070201 1090510702 1091050304 1100050201 1110550906 1111080603 1111590401 1112210802 1120400501 101670151007 101670106005 101670110002 101670116004 101670129001 101670125001 101670109001 101670331001 101670308002 108460019003 103230011000 102488021005 102488011003 101640014100 108435103001 108435120002 108435302003 108435018002 108435408001 108435417003 108425020001 108460105008 108460230002 108460232001 104725129001 104725224002 106440005001 72.65 AC 97.65 207.25 AC 232.25 975.44 AC 1000.44 162.27 AC 187.27 414.97 AC 439.97 364.99 AC 389.99 239.19 AC 264.19 251.77 AC 276.77 181.11 AC 206.11 69.39 AC 94.39 190.66 AC 215.66 213.59 AC 238.59 191.85 AC 216.85 109.75 AC 134.75 142.55 AC 167.55 127.04 AC 152.04 75.78 AC 100.78 209.73 AC 234.73 196.79 AC 221.79 141.86 AC 166.86 228.92 AC 253.92 229.75 AC 254.75 96.03 AC 121.03 39.81 AC 64.81 225.43 AC 250.43 86.36 AC 111.36 140.04 AC 165.04 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1140500803 1150620101 1160320603 1162180203 1162271901 1170590202 1171340102 1171430002 1171840001 1171980402 1173010801 1173300305 1181690703 1200320802 1200730802 1200930403 1202220804 1213490404 1220350102 1221370805 1221570305 1221790703 1222530601 1222800302 1223380503 1223460501 1223780601 108435518003 108425107004 101775014002 104727506003 107120003003 104805007002 104805010101 104805009201 107297514001 107297506002 107297614003 107297619006 101350011006 106585019002 108195016001 108195005002 107585202001 105380104102 105621006002 105210016005 105210018002 105210005001 105210036004 105210003006 107298802004 102580003001 102580011102 135.22 136.51 64.46 75.90 108.16 98.39 700.18 40.13 190.46 308.81 133.87 98.02 122.70 104.68 342.35 237.14 308.35 127.87 49.27 193.39 171.19 89.53 102.06 275.75 201.22 119.49 17.79 AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC L 160.22 161.51 89.46 100.90 133.16 123.39 725.18 65.13 215.46 333.81 158.87 123.02 147.70 129.68 367.35 262.14 333.35 152.87 74.27 218.39 196.19 114.53 127.06 300.75 226.22 144.49 42.79 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1223920801 1226260602 1230660105 1230680901 1231130403 1231510703 1231760803 1240040402 1251740502 1260120904 1260470805 1260830306 1260880802 1260950905 1261980503 1262260103 1262310401 1262520802 1262540602 1262560405 1263100805 1263286504 1264480305 1270160301 1280200504 1280280706 1280730104 102580011102 102580101004 103980005002 103980007002 103980202006 103980301003 103980302009 107590010001 107595134001 101660001201 101660102003 101660204001 101660209001 101660211102 101740106001 101740005201 101740008201 101740225002 101740227002 101740209103 101740205204 101740404101 108395202001 106398004002 106398101009 106398103008 106398204006 365.48 135.75 82.36 77.08 49.97 183.19 138.67 33.22 216.91 118.31 19.05 168.55 191.11 12.61 135.42 160.83 109.17 267.98 115.82 125.48 80.37 286.52 195.90 276.25 170.88 55.19 153.56 AC 390.48 AC 160.75 AC 107.36 AC 102.08 AC 74.97 AC 208.19 AC 163.67 AC 58.22 AC 241.91 AC 143.31 AC 44.05 AC 193.55 AC 216.11 AC 37.61 AC 160.42 AC 185.83 AC 134.17 AC 292.98 AC 140.82 AC 150.48 AC 105.37 AC 311.52 AC 220.90 AC 301.25 AC 195.88 AC 80.19 AC 178.56 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1280840807 106398609001 236.39 AC 261.39 1281250902 106398304008 136.15 AC 161.15 1281680705 106398401011 135.61 AC 160.61 1282900801 105675007005 146.70 AC 171.70 1283400801 101375019002 84.67 AC 109.67 1283610203 101375016003 267.77 AC 292.77 1283830605 101375001002 511.36 AC 536.36 1283910603 101375009002 131.96 AC 156.96 1291130103 102275047002 220.08 AC 245.08 1303020002 102560103004 361.11 AC 386.11 1310570501 101230005005 354.35 AC 379.35 1315590801 103215138002 186.13 AC 211.13 1316630101 108375101004 239.48 AC 264.48 1319200001 105769003005 196.62 AC 221.62 1319550801 101672511002 115.96 AC 140.96 1321310301 104725301002 120.86 AC 145.86 1323120401 105766204002 440.44 AC 465.44 2310180102 101670001002 179.42 AC 204.42 2310300502 101670011001 102.77 AC 127.77 2310680002 101670012003 22.62 AC 47.62 2311200602 101670008006 159.99 AC 184.99 2320810102 101670215004 140.21 AC 165.21 2330060102 101665006001 163.50 AC 188.50 2330080901 101665004001 58.38 AC 83.38 2330090802 101665003001 267.67 AC 292.67 2330580803 101670243008 228.83 AC 253.83 2340590504 101690102001 404.66 AC 429.66 s$ REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2342000303 101430110001 83.25 AC 108.25 2342060704 101430103001 166.70 AC 191.70 2350270102 101670415013 19.84 AC 44.84 2350560502 101670411004 203.11 AC 228.11 2350740301 101670405005 125.42 AC 150.42 2350780905 101670409005 76.30 AC 101.30 2350930003 101670408011 84.67 AC 109.67 2350980502 101670413011 606.42 AC 631.42 2351250201 101670406006 140.19 AC 165.19 2360150302 101670401007 251.82 AC 276.82 2371060102 101671107001 210.15 AC 235.15 2380360401 101670412010 123.98 AC 148.98 2381060902 101670632002 185.37 AC 210.37 2390050903 101190004001 86.74 AC 111.74 2390620901 101670608010 142.63 AC 167.63 2390960904 101670605008 69.66 AC 94.66 2391210801 101670509009 406.06 AC 431.06 2391940003 103295104009 30.02 AC 55.02 2391960802 103295204006 240.28 AC 265.28 2392110902 103295204010 119.80 AC 144.80 2400120801 107710004019 53.44 AC 78.44 2400540703 107710005010 157.23 AC 182.23 2401100906 107710001003 202.52 AC 227.52 2410760901 101670708008 291.94 AC 316.94 2411250001 101670705003 63.87 AC 88.87 2411850701 101438705002 124.40 AC 149.40 2420020604 107300202005 213.98 AC 238.98 s9 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2420150103 2420160007 2420380405 2420540302 2421080901 2421090806 2421650905 2424160601 2430220003 2431420504 2431870102 2432500303 2432860103 2433070601 2433110005 2433380902 2433560603 2440641501 2451180003 2460660003 2471268901 2480720804 2500410207 2500690901 2501260002 2531098802 2550340001 107300208009 107300203009 107300007020 107300002014 107300104014 107300101014 107300402002 101435005003 107650001008 107650303001 107650304010 105750313003 108446115001 108446105003 108446107002 108446012001 108446012002 100160001379 108365005105 102190052001 101380005001 106590106001 101499207001 101499317001 101499301002 101910104002 104445004001 127.15 AC 152.15 172.60 AC 197.60 129.59 AC 154.59 103.00 AC 128.00 158.96 AC 183.96 110.04 AC 135.04 88.77 AC 113.77 410.11 AC 435.11 77.05 AC 102.05 459.35 AC 484.35 40.04 AC 65.04 1.43 AC 26.43 48.07 AC 73.07 76.73 AC 101.73 10.50 AC 35.50 355.13 AC 380.13 133.79 AC 158.79 159.43 AC 184.43 167.32 AC 192.32 340.84 AC 365.84 232.88 AC 257.88 97.56 AC 122.56 92.74 AC 117.74 63.11 AC 88.11 295.51 AC 320.51 118.56 AC 143.56 25.68 AC 50.68 66 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2566290902 2566550601 3550140201 3550490101 3610340603 3610710004 3610760508 3614790804 3621740403 3623050603 3630520902 3630700702 3640680903 3643050201 3650430603 3650570902 3651260601 3660420502 3660670502 3660790101 3671290901 3672550501 3680630502 3701120203 3710230804 3710660601 3711640702 106712502002 106712502013 100100006030 100380008002 104490010401 104130005001 104130010001 101815202004 105530019003 106399510001 108140002001 101830009105 100100004030 104465157001 104775002001 104775011002 104775210002 101560009000 106710001001 103200003000 101550140002 101550114003 103299004005 104506020002 107250019004 107250028001 107250011005 34.46 AC 59.46 1.72 AC 26.72 17.67 AC 42.67 18.37 AC 43.37 49.24 AC 74.24 209.11 AC 234.11 233.64 AC 258.64 189.87 AC 214.87 198.17 AC 223.17 47.38 AC 72.38 55.08 AC 80.08 102.45 AC 127.45 189.70 AC 214.70 162.54 AC 187.54 55.60 AC 80.60 153.24 AC 178.24 88.82 AC 113.82 191.08 AC 216.08 52.16 AC 77.16 217.00 AC 242.00 229.84 AC 254.84 125.66 AC 150.66 158.18 AC 183.18 128.43 AC 153.43 210.30 AC 235.30 153.59 AC 178.59 209.86 AC . 234.86 6/ REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3711670401 3711690203 3720030003 3740140301 3750500502 3770800502 3770840101 3780040603 3780200601 3826180601 3827650701 1051430506 1110290203 1174370502 1221200705 1230860702 1251560702 1263315202 1281200404 1310990501 1323790401 3630656103 3640480411 107250008005 107250006005 103090003002 104503503002 101827538003 104507526001 104507522001 104508010004 104508026002 101460002001 102246133001 108460009001 108460218003 107297703201 105615003102 103980007003 107595116001 101740511201 106398303009 104727702003 105380200202 105540006001 102096021001 99.32 315.75 137.28 236.09 128.67 196.07 264.61 135.73 96.38 912.58 38.08 34296.63* 33.25 81.28 162.67 151.03 120.44 73.81 30.98 155.71 185.27 35.95 25.00 122.61 1178.00* 35474.63* ca - AC AC AC AC AC AC AC AC AC AC AC <*> CB CB CB CB CB CB CB CB CB CB CB CB <*> 124.32 340.75 162.28 261.09 153.67 221.07 289.61 160.73 121.38 937.58 63.08 58.25 106.28 187.67 176.03 145.44 98.81 55.98 180.71 210.27 60.95 25.00 147.61 40749.63* Agenda Information Memo November 6, 2000 Eagan City Council Meeting PUBLIC HEARINGS C. CERTIFICATION OF DELINOUENT FALSE ALARMS ACTION TO BE CONSIDERED: To approve or deny certification of delinquent false alarm accounts to Dakota County for collection with property taxes. FACTS: • The City currently has approximately 5 false alarm bill accounts with delinquent payments. The assessable amount of these accounts is $1,032.50. These items are in order for certification to the County. ATTACHMENTS: • Delinquent account list; pages � Neagh -- ‘3 6 y 10-27500-030-02 110-22500-150-05 110-22504-010-01 10-45001-010-01 10-22511-021-01 E5 05 'FALSE ALARMS FOR CERTIFICATION 12/15/00 165.00 247.50 82.50 247.50 165.00 AMOUNT 25.00 NN Cri b o 25.00] UI b o 1 25.00] CERT FEE 1032.501 190.00 N V N 'al O 0 O V in O N V N bi O 190.00 GRAND TOTAL 6 y Agenda Information Memo November 6, 2000 Eagan City Council Meeting A. REVIEW DRAFT COMPREHENSIVE GUIDE PLAN RESPONSE TO THE METROPOLITAN COUNCIL ACTION TO BE CONSIDERED: D To review and provide direction for City staff response to October 9, 2000 Metropolitan Council staff review of the Eagan Draft Comprehensive Guide Plan. FACTS: D City staff received the Metropolitan Council staff comments, based on their review of Eagan's Draft Plan, on October 9, 2000. City staff and consultant staff have reviewed the Review Record and prepared a response. ➢ The City staff response includes updated information on housing unit counts, underutilized land and vacant land acreage. A refinement of underutilized and vacant land and, as a matter of course, development over the last two years and a has significantly reduced the difference between the City's and the Met Council's 2020 housing unit forecast for Eagan. ISSUES: > The City staff response discusses assumptions made by the Met Council staff in their review. The City staff response also discusses the accuracy of some of the figures used by Met Council staff. ATTACHMENTS: (2) • Staff response to Met Council Review record, page CC through 957 • Met Council Review Record, page 6 through 95. . 6s Review and Comments on the Met Council Recommendation for Denial of the Eagan Comprehensive Plan Update Summary - The Metropolitan Council staff reviewed the Eagan Draft Comprehensive Plan and recommend that Eagan not be allowed to implement the plan and that the city revise the plan to increase the amount of multi -family housing to conform to Met Council housing forecasts. This would require re -guiding existing vacant residential land to higher densities and/or converting non-residential land to a residential use. In order to meet the Met Council forecast the city would have to double the density on all of its remaining vacant residential land. Since housing is not a Metropolitan Systems Element and the Met Council's role in housing is advisory (per the Metropolitan Land Planning Act), Met Council staff are claiming the city's lower housing forecast will cause a system impact upon the Transportation System and the Wastewater System by shifting growth to another location. The Met Council is recommending denial of the City's plan. They would require the city to revise the plan to meet Met Council forecast and to resubmit the revised plan within nine months. The following are general and specific comments regarding the October 9, 2000 Met Council staff report and recommendation regarding the Eagan Comprehensive Plan. General Comments - The fundamental issue appears to be local control over land use vs. the Metropolitan Council's desire to increase suburban/urban density as a means to reduce growth in outlying communities. The City recently held open house meetings and a public hearing regarding increasing the residential land use density at four sites in Eagan. There was resident opposition to the land use changes and the City Council decided to deny the changes and to not increase the density at the four locations. One of the biggest misconceptions that the Met Council has about Eagan is the ability to develop under-utilized land. Under-utilized lands are defined as parcels over one acre with an existing home or business structure and some subdivision potential. These lands were accounted for in the Comp Plan housing and land use forecasts. The City assumed that 25% of the under-utilized low-density land would redevelop between 2000 and 2020 and 50% of the under-utilized medium and high-density land would redevelop. These 6G assumptions are based on the feedback received from land owners during the comprehensive planning process, the difficult development conditions of much of the under-utilized land (steep slopes, wet soils, woodlands, odd parcel shapes, etc.) and the economic reality of redeveloping occupied land. The Met Councils assumption that all under-utilized land can and will redevelop before 2020 is unrealistic. Since the beginning of the comprehensive planing process in 1998, the amount of vacant land in Eagan has declined to amounts less than the numbers stated in the Draft Plan. This further reduces the ability to increase the number of housing units above the city forecast. This loss of vacant land was offset by an increase in the number of housing units and a better accounting for subdivided and platted vacant lots. The recently approved developments were consistent with the Eagan housing and land use forecasts. The following chart lists the vacant land supply in Eagan as of October 2000 and updates Figure 9.8 of the draft Eagan Comprehensive Plan. Table 9.8 Vacant Land and 2000-2020 Eagan Housing Forecast - October 2000 Land Use Category Vacant acres (Vacant Platted acres ) Under -used acres (forecast absorption) Single family/ Multi -family units New Housing Units 2000 - 2020 LD Low Density 191 775 (194) 962/0 1,426 Residential (0-4 u/ac) (191) 464/0 MD Medium Density 46 21 (11) 0/342 342 Residential (4- 12 u/ac) HD High Density 1 11 (6) 0/84 84 Residential (12+ U/ac) SA (res. Special Area 110 26 (26) 0/1,089 1,089 Portion) Total 348 833 (237) 1,426/1,515 2,941 units (191) Based on an October 2000 housing count of 24,807 dwellings and a forecast of an additional 2,941 dwellings result in a year 2020 household forecast of 27,748 dwellings. This is larger than the 26,460 dwellings forecast in the Draft Eagan Comp Plan (based on 1998 counts), but still 1,252 housing units below Met Council's forecast of 29,000 units. 6 2 Specific Comments - Met Council staff comments regarding the Eagan Draft Comprehensive Plan The statement or page and paragraph number from the October 9, 2000 Met Council report is underlined or noted in italics followed by a response. The Met Council report contained four sections - Advisory Information and Proposed Action, a summary matrix, Attachment A: Review Record and Attachment B: Aviation Advisory Comments. Advisory Information - Page 2, paragraph 1. ...there is adequate vacant and underdeveloped land available to meet Met Council forecasts at existing or increased densities.. To reach the Met Council forecast, Eagan would have to re -guide all of the remaining vacant land at densities two or three times the proposed land use density. It should be noted that in general, the density limits for almost all land and land use categories in Eagan were increased. For example, the former D-1 land use designation of 0-3 units per acre was proposed to be changed to LD (Low Density) at 0-4 units per acre in the Draft Land Use Plan. Advisory Information - Page 2, paragraph 2. ... The Met Council wants Eagan to have higher forecast densities like St. Louis Park and Burnsville. Eagan is a unique community and has a higher proportion of existing multi -family housing than most communities. St. Louis Park's density increases are dependent upon use of existing tax increment financing and other public funds. Burnsville's vision for density increases assumes conversion of all large lot parcels, has many environmental hurdles and will also be difficult to obtain without subsidy. Approximately 47% of Eagan's housing is in multi -family units (non -single family detached housing). This proportion exceeds the Met Council benchmark of 35-38% and is higher than most suburban communities in the metro area. This illustrates Eagan's commitment to provision of life cycle housing. The proportion of multi -family to single family housing is not expected to change in the future. Advisory Information - Page 2, paragraph 3. Eagan's lower forecasts are a substantial departure from the regional system plan for transportation. It is difficult to see a "substantial departure" from the transportation system plan. The difference between the Met Council housing forecast and the city forecast is 2,600 (1,252 as of Oct. 2000) dwelling units in 2020. This represents a very small proportion of Eagan's daily trip generation and an immeasurable amount across the Metropolitan transportation system. Further, the Met Council forecasts that Cedar Avenue and I -35E will be over capacity by 2020. Adding additional trips to an over capacity system does not seem to make planning sense. Advisory Information - Page 2, paragraph 3. ...substantially less higher -density residential development than needed to make efficient use of existing and planned transit services ...The only way that additional high density residential development could support transit services is to concentrate them in a specific location or corridor. The City 3 is planning to increase residential density significantly in the Cedarvale Area and has notified the Met Council of that intent as part of developing the Cedarvale Special Area Plan. Advisory Information - Page 2, paragraph 4. ...substantial departure from the regional systems plan for waste water services. 2,600 (1,252 as of Oct. 2000) households represent a miniscule portion of the capacity of the Seneca Wastewater plant. This is hardly a "substantial departure". The reduction in residential flow is largely offset by an increase in non-residential flow. Advisory Information - Linkage to Council Strategies We concur with the statements regarding Eagan's conformance to Infrastructure, Quality of Life, Communications/Constituency Building and Alignment. These statements support approval of Eagan's plan and are contrary to the report recommendation. Review Matrix 2020 Forecast - Lower forecasts can not be justified... The City of Eagan's housing forecast is based on extensive public input and a detailed analysis of local land characteristics. Eagan's forecast reflects the reality of topography, access, adjacent land use, development suitability and existing land use. The Met Council forecasts represent a policy desire that is not based on local conditions or a detailed analysis. Eagan's forecast is appropriate, can be justified, and is responsive to local conditions. Density - Eagan's existing residential density is 3.5 units per acre based on developed residential acres (1998 housing count). The forecast density of growth between 1998 and 2020 is 3.19 units per acre (between October, 2000 and 2020 it is forecast at 3.79 u/ac.). The year 2020 density is forecast to be 3.50 units per acre. The matrix misrepresents the density and makes it appear that the overall residential density is changing from 3.5 u/ac to 3.1 u/ac. Land Use - The Met Council wants to increase the amount and intensity of new housing development above the city's forecast growth. Given the peak hour directional travel on regional roads (i.e. TH77 and I -35E) increasing employment is a more appropriate step than increasing housing. The City is increasing residential density in the Cedarvale area in response to existing and future transit service. This is consistent with Met Council policies. Housing - Met Council policies are advisory for local housing plans. It should be pointed out that Eagan's Draft Land Use Plan does not propose to down zone or down guide property from the existing (1983) Plan. The Draft Land Use Plan has a broader and higher residential density range than the existing plan. The remaining vacant residential land is currently guided primarily for low and medium density use in the existing plan and the draft plan. This is due to the high existing proportion of multi- family housing and the public input received during the extensive planning process. 69 4 It should be noted that there are no policy references or supporting text provided for the Regional Systems discussion (i.e. Aviation, Recreation Open Space, Transportation and Wastewater Services). The columns are left blank. The lack of any specific policy reference or requirements makes it difficult to understand any system effects. Transportation - The difference between the Met Council housing forecast and the city forecast is 2,600 (1,252 as of October 2000) dwelling units in 2020. This represents a small amount of Eagan's daily trip generation and a miniscule amount across the Metropolitan transportation system. Further, the Met Council forecasts that Cedar Avenue and I -35E will be over capacity by 2020. Adding additional trips to an over capacity system does not seem to make planning sense. Wastewater Services - By guiding land to reflect local conditions, Eagan is not forcing development further out in the sector. There is little difference between Met Council and City wastewater flow forecasts. The slight reduction of residential flow is offset by a slight increase in commercial -industrial flow. This is hardly a "substantial departure". Findings and Conclusions - The attempt to link a lower housing forecast to a "substantial system impact" is vague and not warranted for the minor differences in the forecasts. The Met Council does not have intimate knowledge of local land conditions, zoning or resident desires. Eagan's land use plan and growth forecasts reflect those local conditions and are appropriate. 5 Attachment A: Review Record Page A-1 Regional Blueprint Polices. The Met Council staff report text states: "The Met Council encourages communities within the Urban Area to plan to accommodate Council forecasts, and ifpossible to plan to increase densities and intensities of land use to accommodate even more households and jobs, if regional system capacities can accommodate additional growth." (Emphasis added). Eagan recently (September 2000) tried to increase housing density in four locations. The public response was overwhelming negative. As elected officials, the Eagan Council is sensitive to resident's desires and decided not to increase the density at these locations. The City has increased density at several locations and the City's forecast is based on a detailed analysis of development opportunities and constraints rather than a policy based regional allocation that is independent of local conditions and land supply. Page A-2 second paragraph - Housing Growth Numbers The city completed a detailed housing inventory in 1998 and based much of the housing and land supply calculation on that 1998 data. Table 9.8 is clearly labeled 1998-2020 Land Supply and Housing Growth Summary. Table 9.8 forecasts a total of 3,180 new housing units to be added in Eagan between 1998 and 2020. Other tables are formatted to show only 2000-2020 growth as per Met Council direction. Those tables forecast a net new growth between 2000 and 2020 of 2,610 housing units. Table 9.8 has been updated as of October 2000 to show the current supply of vacant and underutilized residential land. The updated table forecasts the addition of 2,941 dwellings before 2020. Page A-2 third paragraph - Under -Utilized Land Eagan's forecast assumes that all vacant residential land will develop before 2020 and a reasonable proportion of under-utilized land will redevelop. The Met Council seems to believe under-utilized land has the same development potential as vacant land. Under- utilized land is defined as parcels larger than one acre containing an existing home or business, but that appear to be subdividable. Topography, wetlands, access and other factors constrain subdivision potential. These are occupied parcels that have value beyond the raw land value. Most owners of these lands expressed no desire to further develop their property. The combination of high value, physical development constraints and owners reluctance to further subdivide caused the City to assume that 25% of the under-utilized low-density parcels and 50% of the medium and high-density under- utilized parcels would redevelop before 2020. This is an accurate and prudent assumption based on the conditions. The Met Councils' assertion that all of this land could and should redevelop at the maximum density in the next 20 years is not based on knowledge of the suitability of the land for development. 7/ 6 Page A-2 fourth paragraph - Housing Density The Met Council portrays Eagan's year 1998-2020 growth as a significant under achievement and a significant change for existing conditions. The report text misrepresents the density and makes it appear that the city is changing from a citywide density of 3.5 u/ac to 3.1 u/ac. This is incorrect. Eagan's existing residential density is 3.5 units per acre based on developed residential acres. The forecast year 2020 density is also 3.5 units per acre. New growth between October 2000 and 2020 is forecast at an average density of 3.79 units per acre. Page A-3 first paragraph - Empire Township Wastewater Treatment Plant The Met Council staff report argues that any housing growth forecast in Eagan which is less than the Met Council forecast will cause pressure for expansion of the Empire Township WWTP. Because the Met Council approved higher forecasts for Apple Valley, Farmington and Lakeville, the Empire WWTP must be expanded by 2004. Asking Eagan to take more development because of capacity issues caused by other communities, at another WWTP, and by allowance of higher forecasts elsewhere does not appear to make sense. Page A-3 last paragraph - 1989 and 1992 Forecasts Eagan developed rapidly since 1989 and now has a very limited supply of vacant residential land. Eagan's growth between 1989 and 2000 included an excellent variety of life -cycle housing types. Things have changed since 1989 and the Draft Comprehensive Plan reflects the current conditions and vision for the community. To significantly alter that vision is to ignore the wishes of the thousands of people who participated in the Eagan Comp Planning process. Page A-4 second paragraph - Vacant Land, Under -Utilized Land and Density Met Council assumes that under-utilized land is the same as vacant land and that Eagan can simply change any land to high-density residential use (including commercial - industrial land) against the wishes of land owners and surrounding property owners. In October 1998 (date of the Eagan housing inventory) there were 631 vacant residential acres and approximately 120 vacant acres of residential land in the Special Area designation for a total of 751 vacant residential land. As of October 2000 the supply has been reduced to 539 acres of vacant land. The Comp Plan assumes all of this land will be developed before 2020. The City also assumed that an additional 244 acres of under- utilized land would redevelop by 2020 (25% of all under-utilized Low -Density (0-4 units per acre) residential land and 50% of all under-utilized medium and high-density land). The Met Council calculations assume that under-utilized land has the same development potential as vacant land. There is a reason these lands are currently under-utilized. Topography, wetlands, access and other factors constrain subdivision potential. The 7 combination of high value, physical development constraints and owners reluctance to further subdivide caused the city to assume that 25% of the under-utilized low-density parcels and 50% of the medium and high-density under-utilized parcels would redevelop before 2020. This is an accurate and prudent assumption based on the conditions. The Met Councils' assertion that all of this land could and should redevelop at the maximum density in the next 20 years ignores local conditions. The supply of vacant residential land was reduced during the comp planning process from October 1998 to October 2000. This further reduces the ability to significantly increase the housing forecast. The development that occurred from 1998-2000 was consistent with Eagan's forecast and with the existing Comprehensive Plan. It should be noted that the proposed Draft Comprehensive Plan expands density potential for many areas by raising the Low Density land use category from 0-3 units per acre to 0-4 units per acre. The Met Council appears to overlook this proposed density change. Page A-7 fourth paragraph - Transportation System The Met Council report text states that the Eagan Transportation Element is consistent (Emphasis added) with metropolitan transportation plan. The text further states that because the housing forecast is too low it is a "substantial departure" from the metropolitan systems plan for transportation. The assertion is that Eagan will not be adding enough residential trips to the regional transportation system in 2020. Before 2020, TH 77 and I -35E are both forecast by the Met Council to be over capacity. Adding more residential trips in Eagan will only worsen that situation and will cause even more diversion to local streets. Page A-7 last paragraph - Density for Transit Eagan already has a high proportion of multi -family and high-density development. The Met Council states that too little new high-density residential development is planned to make efficient use of existing and planned transit service. Development density typically needs to be concentrated at a central location or along a corridor to support transit. The location of vacant and developable land in Eagan is generally not conducive for concentration. One exception is the Cedarvale Area where the City is planning a mixed- use development node with a significant high-density residential component. That is consistent with Met Council policies and it seems to be ignored by Council staff. Page A-8 - Wastewater Services The Met Council's hypothesis is that less development in Eagan will cause growth to shift to Apple Valley or Lakeville and this will cause more pressure on the Empire WWTP. Why would development only go to those communities? Why not Bloomington, Richfield, Mendota Heights, Inver Grove Heights or the rest of the metro area? Eagan's net flow increase to Seneca is very similar to the Met Council forecast flow increase for 2020. 23 8 Page A-8 Housing The text discusses Eagan's conformance with Livable Communities Act (LCA) goals. The City of Eagan is not a participant in the LCA program. However, Eagan's conformity with LCA goals is better than most cities. The Met Council staff comments focus on creating an additional 922 affordable housing units before 2010, doubling the number of new forecast housing units before 2020 and increasing the average density of new growth to 5.25 units per acre. The Met Council housing comments contain some errors that may affect the entire density discussion. Met Council assumes that Eagan's proposed low density residential land use category has a density range of 0-3 units per acre and that medium density is from 3-6 units per acre. In reality, the proposed Eagan Land Use Plan has a density range of 0-4 units per care for Low Density and 4-12 units per acre for Medium Density. The City has a finite supply of vacant and under-utilized land. The housing forecast accurately reflects the desires of the community and result in a balanced mix between single family (55%) and multi -family housing (45%). The Met Council wants Eagan to build more affordable apartments and affordable owner -occupied homes. It is estimated it would cost the public (taxpayers) approximately $10,000,000 to $15,000,000 to add 922 affordable housing units in Eagan by 2010. Eagan's policy is that the city will continue to work with Dakota County HRA and others to increase the supply of affordable and life cycle housing. Historically, that level of public funding has not been available. The Met Council housing comments are similar to the comments on page A-2 and also ignore the limited supply of vacant and developable land, the extensive community input that went into the plan preparation and the high proportion of existing multi -family housing. See the responses to the Met Council comments on page A-2 regarding density, housing growth assumption and land supply. The Met Council staff comments assume that all land including vacant commercial - industrial land is suitable for high-density housing. Eagan values a high quality of life for its residents and businesses. Locating high density housing in an industrial park or airport noise zone just for the sake of meeting numeric forecasts is not good planning and does not appear to contribute toward any improvement in quality of life for existing or future residents or businesses. Again, housing comments from the Metropolitan Council are advisory. We appreciate the Met Council comments and believe that our plans, densities and policies are appropriate. Eagan recognizes the need for a mix of housing types and a range of affordability and will continue to work to provide a suitable life cycle housing supply. Eagan does not agree with the numeric housing allocation created by the Met Council, as it does not reflect local conditions or land supply. The information presented by the Met 7y 9 Council does not support the system effect claim. The City's updated year 2000-2020 housing growth forecast lessens the difference between City and Met Council forecast and further reduces any perceived system impact. Aviation - Attachment B add text 9s- 10 RRegional Growth Policy Committee Meeting date: October 18, 2000 Agenda Item: 2000-445 ADVISORY INFORMATION Date: Subject: District(s), Member(s): Policy/Legal Reference: Staff Prepared/Presented: Division/Department: October 9, 2000 Eagan Comprehensive Guide Plan -- Referral File No. 18066-1 Metropolitan Council District 15 (Carolyn Rodriguez, 612-985-4050) Minn. Stat. § 473.864, Subd. 2 and § 473.175, Subd. 1 Jim Uttley, AICP, Principal Reviewer, 651-602-1361 Eli Cooper, Director, Planning & Growth Management Dept., 651-602-1521 Caren Dewar, Director of Community Development, 651-602-1306 Community Development Division/Planning & Growth Management Dept. Proposed Action/Motion That the Metropolitan Council adopt the attached Review Record and the following recommendation: 1. The city of Eagan may not put its proposed Comprehensive Guide Plan into effect at this time. 2. The city of Eagan must modify its plan as follows: A. It must plan for at least 26,500 households in 2010 and 29,000 households in 2020. B. It must revise its housing and land use plans to allocate its available supply of vacant and underutilized land for higher density development in such a way as to meet Council household forecasts. C. It must revise its TAZ and traffic forecasts to reflect the higher household forecasts, analyze traffic flow, identify any problems to the local or regional system caused by the change in forecasts, and propose solutions to identified problems. D. It must revise its sewerage flows to reflect the higher forecasts and review and revise, if needed, its sewer policy plan. 3. The city of Eagan must revise its plan to reflect the above required plan modifications and must resubmit its plan to the Council within nine (9) months from the date of this action. 4. The Council must re -review and take action on the city's proposed comprehensive plan with its required modifications in place before the city is allowed to put its plan into effect. 5. After final action by the Council and final approval of the city's comprehensive plan by the city council, and prior to the construction of any extensions or additions to its disposal system, the city must submit a comprehensive sewer plan (Tier II) to the Council for final approval. The comprehensive sewer plan must be consistent with the city's approved comprehensive plan. 6. Eagan should clarify its plan with respect to the Aviation comments contained in Attachment B. Issue(s) • Is the Eagan comprehensive plan consistent with the Council's Regional Blueprint, Regional Growth Strategy and Housing policies? • Is the Eagan comprehensive plan in conformity with the metropolitan system plans for aviation, recreation open space, transportation and wastewater services? • Should the Council permit the Eagan comprehensive plan to be put into effect without requiring a plan modification? Overview and Funding Eagan is ranked 19th in anticipated growth to 2020 according to Council forecasts. It has a population of approximately 60,000 people in 22,000 households and 37,000 jobs. The Regional Growth Strategy identifies the city of Eagan as entirely within the Urban Area (existing 2000 MUSA). The Council encourages communities within the Urban Area to plan to accommodate Council forecasts, and if possible to plan to increase densities and intensities of land use to accommodate even more households and jobs, if regional system capacities can accommodate additional growth. 94 Eagan has based its plan on its own lower household forecasts. It plans to add 11,400 jobs and 2,600 households by 2020. This is 2,900 more jobs and 2,600 fewer households (50% less) than the Council forecasted. However, the plan indicates that there is adequate vacant and underdeveloped land available in the city to accommodate the Council's higher household forecasts at existing or increased densities consistent with the Council's Regional Blueprint and Regional Growth Strategy policies. The city's existing residential densities are 3.5 units per acre overall. The plan proposes to reduce Eagan's residential densities through 2020 to 3.1 units per acre for new development. The lowering of residential densities even though the densities remain above the Council's standard of 3 units per acre for new MUSA development is inconsistent with the Council's Regional Growth Strategy. In this case, Council policy would call for Eagan to increase residential densities like that done by the cities of Burnsville and St. Louis Park so that it can accommodate Council forecasts. Eagan's plan is considered inconsistent with the Council's Regional Blueprint, Regional Growth Strategy and Housing policies. The Council expects cities to use its forecasts in planning as noted in the Regional Blueprint, so that regional system improvements can be programmed to minimize costs to citizens in the region and to efficiently use existing regional infrastructure before new facilities are built. Council policies in the Regional Blueprint and Regional Growth Strategy direct cities to plan to encourage higher density, multi -use developments so that there is great opportunity to use transit as a cost effective alternative to increased automobile use. In this case, the regional transportation system plan has been built based on Council forecasts, and Eagan's use of its own lower forecasts represents a substantial departure from the regional system plan for transportation. Minnesota Valley Transit Authority (MVTA) provides regional transit service to Eagan residents and workers. Because Eagan's plan reflects its own lower growth forecasts, there will be substantially less higher -density residential development than needed to make efficient use of the existing and planned transit service to the city. By taking less development in Eagan, more development pressure will occur further out in Apple Valley and Lakeville, where costs for providing comparable service will be more (longer distances). Lakeville is not in the transit taxing district, making transit service to people in that city unlikely in the near term. This represents a real, adverse impact on the regional transit system There is adequate already -constructed, available capacity at the Seneca WWTP to serve the Council's higher forecasts in Eagan. Allowing Eagan to plan for lower forecasts, which would mean that the available capacity remains unused, would be inefficient use of regional resources and facilities. This represents a substantial departure from the regional system plan for wastewater services. Causing 2,600 households to move into another service area where it may be more difficult and more expensive to serve that if they were located in Eagan represents a significant adverse impact on the regional system for wastewater services. In order to help prevent premature expansions of the MUSA in other areas and to help prevent sprawl in the rich agricultural lands of southern Dakota County, new development must be focused where regional sewage treatment capacity already exist as in Eagan. Eagan's plan is considered to be in conformity with the regional system plans for aviation and recreation open space, although some clarifications with respect to aviation are requested. The city should be advised that the Council's alignment policy may cause the city to receive lower priority for grants and other financial aids over which the Council has influence, unless the city's housing policy is brought into consistency with Council policy. In December 1997, the Council provided the city with a planning assistance grant for $7,930 to help underwrite some of the city's costs of updating its comprehensive plan. LINKAGE TO COUNCIL STRATEGIES 0 Infrastructure: Currently there are adequate existing highway capacities, however Cedar Avenue and 1-35E will be over capacity by 2020, Council will work with city on transit R TDM strategies to mitigate this. Quality of life: Plan proposes that city will be fully urbanized by 2020, adding approximately 2,600 households and 11,400 jobs. This is consistent with the Regional Growth Strategy, which encourages cities to increase the density and intensity of land uses inside the urban area. 0 Communication/constituency building: Would help to contain sprawl as proposed 0 Alignment: Linkages to Dakota County for affordable housing, recreation open space and highways. The city's plan is inconsistent with the Council's housing policies and consequently the city may receive lower priority for Grants and other financial aids over which the Council has influence. ATTACHMENTS -- Attachment A -- Review Matrix Attachment B -- Review Record Attachment C - Required Changes in the Eagan Comprehensive Plan to address Aviation comments Attachment D - Resolution Requiring Plan Modifications Figure 1 - Location Map, City of Eagan, Dakota County Figure 2 - Regional Growth Strategy Policy Areas, City of Eagan, Dakota County Figure 3 - Regional Systems, City of Eagan, Dakota County Figure 4 - Current Land Use Guide Map, July 22, 1999, City of Eagan Figure 5 - Vacant & Underutilized Residential Guided Land, August 19, 1999, City of Eagan Figure 6 - Fieure 7 - Proposed Land Use Guide Map, August 25, 1999, City of Eagan CITY OF EAGAN Staff Comments Lower household forecasts can not be justified given city's available land supply and subregional need to accommodate more growth in sector. Plan is inconsistent with Regional Growth Strategy. Acreage and density figures in the city's plan are internally inconsistent. While the 3.1 units/acre density proposed exceeds the Regional Blueprint standard for new MUSA development, it is well below Eagan's existing density of 3.5 units/acre and is inconsistent with Regional Blueprint policies that call for urban area communities to increase the densi and intensi o new develo, ment. Inconsistent with Regional Growth Strategy in the Regional Blueprint and policies that call for urban area communities to increase the density and intensity of new development both as a means of reducing demand for more MUSA and of increasing the efficiency and effectiveness of transit services. Inconsistent with Housing policies. While Eagan's overall SF/MF mix is excellent; the city's plan to designate one of its 2,239 acres of vacant land and six of its 1,381 acres of underutilized land to be developed for high density residential is extremely low. Eagan's plan should provide for the development of 675 rental units by 2010 of which 236 should be affordable. At 12 units per acre, an additional 50 acres of high density residential land should be identified in order to meet rental needs. Plan Submitted 9/24/99 Found Complete 3/8/2000 26,460 households 50,900 jobs 3.1 units/acre • Plan proposes to develop all vacant residential lands and nearly all industrial and commercial lands by 2020 • Proposes new "small -lot" single family residential zone • Densities inadequate to fully support transit • Mix 55% SF and 45% MF • Inadequate land to accommodate high density development to meet general and affordable rental goals • City uses Dakota County HRA Regional Blueprint 29,000 households 48,000 jobs v C.) ea V) :e. • All of city inside of existing MUSA • 89% of land is developed • Plan for airport impacts • Higher densities consistent with transit -oriented development rinci s les • Mix 64% SF and 36% MF • Enough land to meet LCA goal of 35 percent rental units by 2010; 25% affordable rental • Affordable housing provider 2020 Forecast .7 0 4) C Land Use DA co) . 0 T MA Metropolitan Council Several advisory language changes are suggested I No issues City'splan is not consistent with Council household forecasts. City plan forces higher density developn:ent and affordable rental housing to move further out in the sector, where transit service is more expensive to provide when it is available at all. Part of the developing sector is outside of the transit taxing district. City's plan is not consistent with Council household forecasts. City plan does not make good efficient and effective use of existing wastewater service treatment capacity at the Seneca WWTP. It forces more development further out in the sector, where wastewater treatment capacity is presently constrained, and fast track expansion is faced with growing uncertainties. The least cost place to provide wastewater service to the 5,200 households forecasted by the Council, would be in Eagan where existing unused capacity is available and no interceptor construction is needed to serve it. City's plan is inconsistent with the Council's Regional Blueprint, Regional Growth Strategy, and housing policies. It is in conformity with regional system plan for Aviation and Recreation Open Space, but it is not in conformity with the regional system plans for transportation and wastewater services. It represents a substantial departure from the regional system plans for transportation and wastewater services and as proposed will have an substantial adverse impact on both systems. It is considered generally compatible with other local plans. A plan modification is need. 0 0 Substantial departure and system impact. Substantial departure and system impact. Regional Systems • Aviation I • Recreation Open Space • Transportation u L 61 cn 1. lei ( • 'n v) Z 04 0 V Z t�. U w L. = _ • ... �u .0 C13 E a0 i 'C O Cy O 6,1 H h V) >a 44 L y y >, V tv O = r C O C y y 6� rj h '�+ O eca O 'b . _ u r.+ Z c.. 6� C r ._ ._ — en = >a v h v u C ea0.) .� = = C3 u= N = a CO L 0 =. __ OO o U nw � eau ' ea e °' a„ y = owh . 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' W «+y I. �W +s .r = ea o V) c44 b c�G.u u O w. v4m. 0 o 0 = L = u= . = WiCC = Ecoa.yt'� I: t= G.) �aOv U L c. a 4.+ y i. 7 II u E au a a, wb F FEc = vCa Ca L) G Q CI 1 8/ A Metropolitan Council ATTACHMENT A: REVIEW RECORD REVIEW OF THE CITY OF EAGAN COMPREHENSIVE GUIDE PLAN BACKGROUND The city of Eagan is a fast growing suburban community located in northern Dakota County, immediately east of Burnsville, north of Apple Valley and Rosemount, west of Inver Grove Heights, and south of Mendota Heights. (See Figure 1) Eagan also borders Bloomington along the Minnesota River. The city is 21,478 acres (14 square miles) in area. Eagan had an estimated 60,000 people in 22,000 households in 1998, and in 1997 it had an estimated 37,000 jobs. According to Council forecasts, Eagan should plan to accommodate 5,200 additional households and 8,500 additional jobs between 2000 and 2020. The city's Comprehensive Plan Guide establishes policies to guide growth to the year 2020 and replaces the former comprehensive plan, prepared by the city in 1987 and reviewed by the Council in 1988. AUTHORITY FOR REVIEW The Metropolitan Land Use Planning Act requires local units of government to submit comprehensive plans and plan amendments to the Council for review and comment (MN. Stat. § 473.864, Subd. 2). The Council reviews the plans to determine their conformity with metropolitan system plans, apparent consistency with other adopted plans of the Council, and compatibility with the plans of other local jurisdictions in the Metropolitan Area. The Council may require a local governmental unit to modify any comprehensive plan or part thereof, which may have a substantial impact on or contain a substantial departure from metropolitan system plans (Minn. Stat. § 473.175, Subd. I). PREVIOUS ACTIONS The Council reviewed the former comprehensive plan in April 1988 (Referral File # 12872-7) and since that time has reviewed over 80 plan amendments from the city of Eagan. ANALYSIS Staff reviewed the plan update for conformity with regional system plans for aviation, recreation open space, transportation and wastewater services, for consistency with the Regional Blueprint and other chapters of the Metropolitan Development Guide, and for compatibility with the plans of adjacent governmental units and school districts. Materials received for review included: • City of Eagan Comprehensive Guide Plan, dated September 1999, which included chapters dealing with community background, land use, transportation, aviation, public utilities, parks and recreation, natural resources, housing, economic development, community facilities and implementation. In addition, the city provided a copy of its 88 -page capital improvement program for the period 1999- 2003. • Supplemental materials -- a letter from Dakota County commenting on the draft plan, dated July 22, 1999; and a letter from the city dated January 25, 2000, with attachments including sewage flow data, copies of intercommunity agreements with the cities of Inver Grove Heights and Burnsville, and a discussion about ISTS management practice in Eagan, and information regarding the city's groundwater appropriation permit. Regional Blueprint (Jim Uttley, AICP, Planning & Growth Management, 651-602-1361) The Regional Growth Strategy identifies the city of Eagan as a growing suburban community located completely within the Urban Area (inside the existing 2000 MUSA). The Council encourages communities within the Urban Area to plan to accommodate Council forecasts, and if possible to plan to increase densities and intensities of land use to accommodate even more households and jobs, if regional system capacities can accommodate additional growth. (See Figure 2) A-1 7-2- Eagan has based its plan on its own forecasts for population, households and employment, which are shown in the following table. The city's forecast for employment in 2020 is 2,900 higher than the Council's. It proposes adding a total of 11,400 jobs between 2000 and 2020. The city presented an extensive analysis indicating that it would be able to accommodate only half of additional household growth forecasted by the Council. It expects to accommodate approximately 2,600 additional households between 2000 and 2020 instead 5,200 forecasted by the Council. Council staff has reviewed the analysis and compared it with information presented in various other parts of the plan (land use and housing; especially tables 3.1, 3.2, figures 3.1 and 3.2, table 9.8 and figure 9.4) and finds that the city's land use acreage numbers are internally inconsistent in the plan and do not support the city's argument that it cannot achieve Council forecasts. Table 9.8 presents an analysis of vacant and underutilized residential lands in the city. It identifies a total land supply for future residential development of 990 acres and indicates that the land could accommodate 2000 single-family and 1,180 multiple -family residential units. This is a total of 3,180 additional households at an average density of 3.1 units per acre. This is nearly 600 more units than the plan actually proposes to accommodate by 2020 and at a density that is lower than the city's present overall density of 3.56 units per acre. Figure 9.4 contains tables and a map showing both vacant and underutilized acreage in the city as of August 12, 1999. It identifies a total of 1,519 acres of available land (vacant and underutilized) for residential development. This acreage could potentially accommodate 4,709 units at 3.1 units per acre (2,100 units more than the plan proposes to accommodate) and 5,317 households at 3.5 units per acre (2,700 units more). Based on Figure 9.4, the city could meet Council household forecasts if it allowed future development at present city densities. This analysis is based exclusively on the city's own residential acreage figures contained in its plan. The city's plan identifies a total (in all land use categories) of 2,239 acres of vacant and an additional 1,381 acres of underutilized land in the city at the end of 1998. This is a total of 3,620 acres of land that could potentially be reguided to more intense uses. The Regional Growth Strategy encourages cities like Eagan that are completely inside the urban area to increase the densities and intensities of development, making development more compact and transit friendly, creating more opportunities to walk and bike to neighborhood shopping and helping to reduce the dependency on automobiles. The city's existing residential densities are 2.3 units per acre for single- family detached, 9.5 units per acre for multiple -family residential uses, and 3.5 units per acre overall. The city proposes to reduce its overall density from 3.5 to 3.1 for new development during the planning period. This is inconsistent with Council policy and inconsistent with the plans of a number of "suburban" cities that have increased their densities in line with the Council's policy direction. The densities for new development in neighboring Burnsville (as reviewed by the Council, December 1999, Referral File 16907-2) for example, increase multiple family density from an average 8.9 to 18.8 units per acre, and increased its overall density from 4 units per acre to 8.6 units per acre. The city of Plymouth's recently reviewed comprehensive plan proposed to increase the overall average density from 3.24 units per acre to between 3.9 and 7.4 units per acre. If Eagan increased is overall density for new development to 4 units an acre (Bumsville's old density), it could accommodate the 5,200 households forecasted by the Council on 1,300 acres, less than the amount of vacant and underutilized residential land identified in Table 3.3 in the plan. In order to be fully consistent with the Council's Regional Growth Strategy, Eagan should plan for increasing its average densities and plan to accommodate at least the 5,200 households that the Council directed the city to plan to accommodate by 2020. Up to now the Council has allowed some cities to plan for less development than the Council has forecasted, if it appeared that development elsewhere in the sector would make up the differences so that overall growth in the sector would remain consistent with Council forecasts. In Eagan's case, this strategy is not appropriate. The Council has previously approved higher growth for Apple Valley, Empire Township and Farmington than Council forecasts, and agreed to plans for Lakeville that are consistent with Council forecasts. The Empire WWTP, which must be expanded in 2004 to provide wastewater `d'3 services to these growing communities, serves all of these communities. The proposed timetable to expand the Empire TTWP is very aggressive, nearly twice as fast as the standard timetable for plant expansions. Complicating the proposed expansion of the Empire WWTP are issues of higher levels of treatment and acceptable levels of treated outfall into the Vermillion River, as well as recent changes in the surface water management in the river basin itself. These complicating factors may require additional time or even new strategies on how to provide the wastewater services for these growing communities in the most cost effective and efficient manner possible. Council policy 5 (Regional Blueprint, page 46) says... The Council will ensure that regional services and facilities under its jurisdiction are provided cost-effectively to support development and revitalization in the region.... Action Step 5I, Priorities for Regional Investments (Regional Blueprint, page 63) says... The Council will give priority for funds for regional systems to maintaining, upgrading and replacing system facilities serving existing urban development to make the best use of investments the regional has already made. The Regional Blueprint notes (pages 43 and 44) that the challenge of guiding growth poses a range of issues including The timing, location and capacity of regional facilities. Wastewater treatment facilities and highways [and transit] must be coordinated with new development to make sure services adequately meet development needs as reasonable cost. Efficient use of land with urban services. The region needs to use its urban land wisely, particularly developable land where investments have already been made in regional and local services. The density and intensity of land uses should be increased throughout the urban area. Eagan is fully inside the urban area, and substantial regional investments have already been made to provide it with adequate wastewater services, highways and transit to serve its existing and Council forecasted future population and employment. Indeed, in a August 12, 1992 letter to then Council Chair Mary Anderson, the city's then Community Development Director Dale Runkle argued for the Council to be flexible to allow even higher growth in Eagan than the Council's forecast which in 1989 Eagan had Comparison of City and Council Forecasts Population 1990 1998 2000 2010 2020 Eagan 47,409 63,700 64,700 64,850 Council 47,409 60,073 61,500 62,500 63,500 Households Eagan 17,427 23,850 25,375 26,460 Council 17,427 22,481 23,800 26,500 29,000 Employment 1997 Eagan 26,000 39,500 45,900 50,900 Council 26,000 37,059 39,500 45,500 48,000 requested be increased to allow for 30,000 households in the city by 2010. Mr. Runkle said ' The City of Eagan lies entirely with the MUSA line, which we believe demonstrates that Eagan will be a lowed to fully develop its land with urban -density uses...Concentrating development within the existing MUSA line before expanding the line promotes economies of scale and prevents widespread extension of strip development." For Eagan, this means that its newly proposed plan for lower growth and lower density is unacceptable. Regional investments have been already made and regional facilities already constructed to serve Eagan based on higher household forecasts. Development pressures tend to focus mostly within sectors, which means that Eagan represents the most viable alternative from a "market" perspective to locating new households from further out in the sector, where new growth may be hampered by the uncertainties involved in expanding the Empire WWTP. While in the same market sector, Eagan is served by a separate WWTP (Seneca) which has existing capacity available to serve the 5,200 households that the Council forecasted for Eagan; 2,600 households more than Eagan's plan proposes to accommodate. If these 2,600 households are not allowed to develop in Eagan, development pressures will mount to urbanize additional farmlands in the more rural parts of Dakota County. Under the circumstances, Eagan's plan as proposed may exacerbate sprawl and should be viewed as being inconsistent with, and representing a substantial departure from, Regional Blueprint and Regional Growth Strategy policies. Land Use and Local Urban Service Area and Development Staging Multiple family units accounted for 47 percent of the residential units in the city and occupy 13 percent of the developed land. Fifty-three percent of the city's existing residential units are single-family detached. In 1999, single family residential units used 4,300 acres of land in the city or approximately 24 percent of all developed land in the city. The plan identifies 2,239 acres of vacant and 1,381 acres of underdeveloped land in the city as of October 1998 of which 631 acres of vacant and 888 acres of underutilized is identified as residential, a total of 1,519 acres of developable residential land. (Table 3.3 in Chapter 3, page 16 and Figure 9.4) The plan's original land use tables (3.1, 3.2, Figure 3.1 and Figure 3.3) did not quantify or identify vacant land in the city in those tables, while indicating that they addressed all the land in the city. Adding the two sets of tables together would have resulted in double counting the vacant acreages. In April 1999, Council staff requested a clarification. The table below was prepared by a consultant to the city and appears to provide an accurate snapshot of all the land in the city. Note that it identifies an additional 120 acres out of the Special Area land use category as vacant residential. This number added to the 631 acres of vacant residential identified above equals 751 acres, and potentially increases the total of vacant and underutilized land from 1,519 acres to 1,639 acres. At 3.1 units per acre (the city's proposed lower overall density for new development), this amount of land could accommodate 5,081 households vs. 5,200 household forecasted by the Council. At 3.5 units per acre (the city's existing density), it could accommodate 5,736 households, well in excess of Council forecasts. At Burnsville's current average density of 4 units per acre, Eagan could accommodate 6,556 additional households (nearly 1,400 households more than Council forecasts). If Eagan adopted Bumsville's planned density for new development of 8.8 units per acre the identified "residential" land in Eagan could accommodate 14,432 additional households or 9,000 more than Council forecasts. Clearly, Eagan has the ability to meet Council forecasts without touching any of the other nearly 2,000 acres of nonresidential vacant and underutilized lands identified in the city's plan. The plan changes land use designations from the city's 1988 comprehensive plan making comparisons somewhat difficult. Where the old plan had four residential land use designations, the new plan has .three. In addition. the plan identifies four "Special Areas" where the city proposes additional studies. These gS Existing Proposed Plan Housing Mix • Single-family 53 percent 55 percent • Multiple -family 47 percent 45 percent Density • Single-family 2.3 units/acre 2.3 units/acre • Multiple -family 9.5 units/acre 9.0 units/acre Overall 3.5 units/acre 3.1 units/acre The plan changes land use designations from the city's 1988 comprehensive plan making comparisons somewhat difficult. Where the old plan had four residential land use designations, the new plan has .three. In addition. the plan identifies four "Special Areas" where the city proposes additional studies. These gS areas are presently mixed-use and are expected to be mixed-use in the future; but the exact proportion of land use types within these special areas has not been defined. Sub -Regional Analysis: Eagan is part of a subregion that includes much of northern Dakota County, including the cities of Apple Valley, Burnsville, Inver Grove Heights, Lakeville and Mendota Heights. The Council has completed review of all of the comprehensive plans for cities in this area except Mendota Heights. The Mendota Heights' plan is in but has been found incomplete for review at this time. In both the regional and the sub -regional context, Eagan is a fairly high-growth community, but its growth is expected to be significantly lower than it was in the past two decades (based on Council forecasts) when it was the second fastest growing community in the region. As noted above, the Council reviewed plans for Apple Valley and Lakeville in particular, which were based on planned expansions of the Empire WWTP, may need to be revised to shift more growth later in the planning period in order to deal with complications that may jeopardize the very aggressive fast track process. By taking its Council forecasted growth, Eagan would help its neighboring cities by reducing their development pressures allowing more time for them to address watershed issues in the Vermillion River basin. By 2020, under its plan, Eagan would become the ninth most populous city in the metropolitan area; if it follows Council forecasts it will become the fifth largest city in the region. LAND USE Existing Acres % 2020 Acres RR -- Rural Residential 61 0.3 0.0 D-1 -- Single Family (0-3 units/acre) 4,263 21.2 0.0 D-2 -- Mixed Residential (0-6 units/acre) 1,628 8.1 0.0 D-3 -- Mixed Residential (6-12 units/acre) 458 2.3 0.0 D-4 -- Mixed Residential (12+ units/acre) 298 1.5. 0.0 LD -- Low Density Residential (0-4 units/acre) 0.0 6034 30.0 MD -- Medium Density Res. (4-12 units/acre) 0.0 838 4.2 HD -- High Density Res. (12+ units/acre) 0.0 347 1.7 Subtotal - Residential 6,708 33.4 7,219 35.9 Special Areas 0.0 1,520 7.6 Commercial (all types) 1,167 5.8 460 2.3 Industrial (all types) 2,054 10.2 2,119 10.5 Public Facilities 781 3.9 653 3.2 Parks 3,470 17.3 3,762 18.7 Rights -of -Way 3,679 18.3 3,743 18.6 Total - Developed 17,859 88.9 19,475 96.9 Vacant Single-family Residential 584 2.9 0.0 Vacant Multiple -family Residential . 47 0.2 0.0 Special Areas -- Residential Portion 120 0.6 0.0 Subtotal - Vacant Residential 751 3.7 0.0 Vacant Commercial 241 1.2 108 0.5 Vacant Industrial 465 2.3 209 1.0 Special Area -- Commercial -Industrial Portion 680 3.4 306 1.5 Vacant Public and Semi -Public 101 0.5 0 0.0 Total - Vacant 2,239 11.1 623 3.1 Total Land 20,098 100.0 20,098 100.0 Water 1,380 1,380 TOTAL 21,478 21,478 A-5 34. Sand, Gravel and Dolostone Deposits There are no known dolostone beds in the city. Eagan had a large area of sand and gravel deposits identified in the Council's study as mined out and/or urbanized. Scattered across this area are some very small sand and gravel deposits that remained unencumbered as of 1997. The city is encouraged to consider these deposits in its land use planning to determine whether there is value in providing short- term protection to these deposits to allow them to be mined before end-use development is permitted. Historic Site Preservation; Solar Access Protection The Eagan plan contains a paragraph that discusses historic preservation and a map of historic places and historic sites (Figure 11.4). The map identifies nine existing historic places and 13 historic sites that no longer exist. The plan contains language in Chapter 8 that adequately addresses solar access protection. Plan Implementation The plan contains copies of the city's existing and proposed future zoning district maps. The future zoning district map contains one new district - R-ls, which stands for "small -lot" single family residential. All except two small privately owned parcels (in -holdings) in Lebanon Hills Regional Park are zoned as "agriculture." The two exceptions are zoned R-1 single family residential on both existing and proposed future zoning district maps. The plan identifies a list of proposed zoning ordinance amendments to ensure consistency between the plan and zoning ordinance. The plan includes a Capital Improvement Program for the period 1999 through 2003. It is consistent with the requirements of Minn. Stat. 473.859, subd.4. Regional Systems (See Figure 3) Aviation The plan is in conformity with the Aviation Policy Plan. The city of Eagan is within the influence area of MSP International airport. The city is affected primarily by aircraft noise impacts. It is also within the runway safety zones. It could be affected by heliport development. It is within the region's general airspace that should be protected from potential obstructions to air navigation. It is not affected by seaplane use planning considerations. The Eagan comprehensive plan includes an aviation element. It addresses existing and future aircraft noise issues, and appropriate aircraft operational and land use compatibility planning measures that support regional policy. While the Eagan plan is in general conformance with the 1996 Aviation Policy Plan, there are several items that should be clarified in the plan. (See Advisory Comments - Attachment B) Recreation Open Space The Eagan Comprehensive Plan is in conformity with Regional Recreation Open Space Policy. The city of Eagan includes Lebanon Hills Regional Park, Minnesota River -Lebanon Hills Regional Trail, and part of Dakota South Urban Regional Trail. Dakota County Parks Department (DCPD) is the implementing agency responsible for the planning, acquisition, development, operations and maintenance for regional recreation open space in Eagan. To date, no master plan for the regional trails has been submitted to the Council for approval. Eagan and Dakota County planning staff have discussed possible alignments for the regional trails. The trail system included in the comprehensive plan allows for potential alignments for the regional trail. Continued cooperation in the development of the master plan for the trails is encouraged. Lebanon Hills is currently under development with a future development proposed for 2001. DCPD is working with Eagan in the master planning for this development grant. In addition, several in - holdings remain within the boundaries of Lebanon Hills Regional Park, which will eventually be added to the park as the properties come up for sale. The city should avoid taking any actions that would add to the public acquisition cost of these properties or which would have the effect of adding to the acquisition time schedule. The Council supports the comments to the city from Dakota County concerning any change in policies, land use designation or zoning that would affect these in -holdings. Any proposed change in the land use designation, the use of an overlay zone or in the zoning for these parcels must be submitted to the Council for review and approval. Transportation Highway transportation access to Eagan is excellent. The city is served by five principal arterials. TH 77, I -35E and I-494 are freeways and are under the jurisdiction of MnDOT. TH 13 (south of Cliff Road) and TH 55 are non -freeway principal arterials controlled by MnDOT. Eagan is working with MnDOT and the County to improve and expand its minor arterial and collector road networks to accommodate expected 2020 traffic growth. The plan also addresses access management, travel demand management, traffic calming and goods movement. The Minnesota Valley Transit Authority (MVTA) serves Eagan. Routes include express service to both downtowns, as well as "reverse commute" bus service to Eagan based employment from the St. Paul and Minneapolis areas. The plan recommends increased transit service in the southeast section of the city and identification of additional park and ride locations within the city and in surrounding communities. The city is also participating in the Cedar Avenue Corridor Transitway Study, which is looking at a connection to the proposed Hiawatha Corridor LRT line with a potential extension into Dakota County as either an LRT line or as a special busway. The Transitway Study is not yet completed, but it appears that the study will suggest the need to substantially intensify development along the proposed transit corridor through Eagan and Apple Valley if the transitway is to be economically viable. The study is based in part on Council forecasts for Eagan. It appears that the viability of the transit way could be hurt if Eagan's lower household forecasts were used as the basis. On the other hand, it appears that the transitway might be enhanced if higher -density mixed -used development were planned and developed in the transitway corridor. Unfortunately, the Eagan comprehensive plan does not propose to intensify development that would result in compact, diverse mix and pedestrian -friendly design that supports transit -oriented development. The Transportation Policy Plan says... Policy 16 -- Local Comprehensive Plans Local comprehensive plans must be consistent with the Transportation Policy Plan and should recognize the special transportation opportunities and problems that various policy and geographic areas present. [Transportation Policy Plan, page 48] Strategy 16a -- Nonconformance Between Comprehensive Plan and the System Plan The Council's adopted population, household and employment forecasts are used to plan the transportation system. A community that plans its development inconsistently with these forecasts, either to much or too little, may depart substantially from this plan.... [Emphasis added] Eagan's plan addresses all the applicable transportation and transit requirements of a comprehensive plan. The transportation sections of the plan have no unanticipated impacts on and appear to be generally consistent with the metropolitan transportation system plan. However, because the plan's proposed development is substantially inconsistent with the Council's household forecast of 29,000 households in Eagan in 2020, the city's plan represents a substantial departure from the metropolitan system plan for transportation. Because Eagan's plan reflects its own lower growth forecasts, there will be substantially less higher - density residential development than needed to make efficient use of the existing and planned transit service to the city. This represents a real, adverse impact on the regional transit system. By taking less development in Eagan, more development pressure will occur further out in Apple Valley and Lakeville, 88' where costs for providing comparable service will be more (longer distances). Lakeville is not in the transit taxing district, making transit service to people in that city unlikely in the near term. Wastewater Services Eagan is provided with sanitary sewer service via MCES interceptors MSB 7033, MSB 7032, and 3 -ET - 37. Wastewater treatment is provided at the Seneca WWTP in Eagan. The city is projecting a 2020 flow of 9.5 MGD. The Metropolitan Disposal System has adequate capacity to provide for the city's needs as projected. The Water Resources Management Policy Plan contains a wastewater flow forecast range of 9.44-9.99 MGD (3,445-3,648 MGY) based in part on Council household forecast of 29,000 households in Eagan by 2020. There is adequate capacity in the Seneca WWTP to accommodate Council forecasted households and the city's planned higher number of jobs in 2020. The Water Resources Management Policy Plan says on page 15... • The timing and density of development which is inconsistent with the Blueprint and which would affect the cost of providing sewer service will be viewed as a departure from or have a substantial impact on the metropolitan wastewater system. In this case, Eagan's comprehensive plan proposes to accommodate a total of 26,460 households by 2020 instead of 29,000 households as directed in the Council's forecast. This difference of approximately 2,600 households is substantial. Households that cannot be accommodated in a community are most likely to move into adjacent communities in the same sector. In this case, other communities in the same sector (Apple Valley, Empire Township, Farmington and Lakeville) are all proposing in their plans to accommodate Council forecasts or take additional households, but their ability to do so may be severely restricted in the short term because of capacity limitations on the Empire WWTP, which serves those communities. The Council has agreed to a very aggressive fast track expansion of the Empire WWTP; twice as fast as normal. However, because of issues related to the Vermillion River in terms of higher treatment level needs, and surface water management concerns in the basin, the fast track may face delays. Prudence suggests that in the short term, it is imperative to take some development pressure off of the communities served by the Empire WWTP. This can only be done if Eagan and other communities in the same sector but which are served through other WWTPs take their fair share of additional growth. Because Eagan's plan does not propose to accommodate the Council's household forecasts for 2020, it represents a substantial departure from the metropolitan system plan for wastewater. The Seneca WWTP, which serves Eagan, has unused capacity already built with regional monies to serve Council forecasted development in Eagan. If that development shifts to Apple Valley or Lakeville and its cannot be served by the Empire WWTP, the Council may have to construct a new interceptor sewer line to serve the development at the Seneca WWTP. This represents a real adverse impact on the regional wastewater treatment system, based on Eagan's newly proposed plan. Other Metropolitan Development Guide Chapters: Housing (Guy Peterson, Housing and Redevelopment, 651-602-1418; Jim Uttley, Comprehensive Planning, 651-602-1361) The housing element of the City of Eagan's comprehensive plan update as submitted is inconsistent with regional housing policy and does not fulfill the housing planning requirements set forth in the Land Planning Act (LPA). Eagan is not an LCA participant, but has traditionally worked with Dakota County Community Development Agency (CDA) to provide affordable and life -cycle housing. The city's proposed comprehensive plan provides an inadequate analysis of the city's existing and future housing needs, and does not adequately plan for or provide the capacity for Eagan to accommodate its share of additional affordable and rental housing through 2010. The plan's housing element contains a "life -cycle housing goals" section that says, "Eagan's goal is to continue to work toward achieving and sustaining planning benchmarks for communities in the south of A-8 89 St. Paul suburban planning sector through 2010." Table 9.6 in the plan identifies what these planning benchmarks are and how the city compared to them as of the baseline year determined by the Council and city data from 1998. Examination of the numbers clearly indicates that in order to "work toward achieving" these benchmarks, Eagan must continue to add rental housing and both affordable ownership and affordable rental housing. The plan states that for all but the two categories of affordable housing units, the city meets or exceeds the Council's planning sector benchmarks set in 1995. And, this is true. Eagan does exceed Council benchmarks in all but two areas. For example, the city has a much higher proportion of multiple -family units (47% in 1998) than Council benchmarks (35-38%). While the plan proposes to grow a higher percentage of single family units in the next two decades, the city anticipates that by 2020 its overall mix will still have a much higher proportion of multiple -family units (45%) than Council benchmarks (35- 38%). In Eagan's case, the high proportion of multiple -family is a result of the extensive development of owner -occupied townhomes in various parts of the city. As the city's plan indicates, its future single- family residential developments are likely to be even more expensive and less likely to meet the demands for affordable, start-up home ownership. Medium density (six units per acre) is a density at which affordable townhomes can be built, but is very unlikely to make rental housing possible. However, the two areas where Eagan does not meet Council benchmarks are vitally important to the provision of affordable and life -cycle housing in the city and region. Eagan is, according to two different tables in the city's plan, either below or at the bottom of the sector benchmark range for its share of housing that is rental. The plan indicates variously that 22 percent or 25 percent of the city's existing housing stock is rental. In order to meet the minimum benchmark expectation for rental housing, Eagan would need to plan for 25 percent of all of its new housing units this decade to be rental (see below for indices and benchmarks applicable to Eagan). Because its permitted low (1 — 3 units per acre) and medium (3 — 6 units per acre) residential densities are very unlikely to make renter housing development financially feasible, high density multiple -family residential development (12+ units per acre in Eagan) is the only realistic avenue to producing rental housing. The Eagan plan does not provide adequate land for future high-density, multifamily development in the next decade. According to Eagan's plan (Table 3.3, page 3-16 and additional analysis prepared by the city), the city in October 1998 had 6,708 acres of developed and 751 acres of vacant residential land. The plan also identifies 888 acres of "underutilized" residential land in the city in October 1998. According to Eagan's housing plan (Table 9.8, page 9-13), the city proposes to develop a total of 751 acres of vacant and 239 acres of underutilized land in housing by 2020, a total of 990 acres. The plan indicates that 799 acres will be developed as single-family detached at an average density of 2.5 units per acre, support 2000 new households; 184 acres will be developed at a medium density of 6 units per acre (townhomes), yielding 1,100 units; and 7 acres will be developed at high density of 11.4 units per acre yielding 80 units. The bottom line according to Table 9.8 is that the city proposes to develop 2,000 single family and 1,180 multiple -family housing units by 2020. This is a total of 3,180 units and appears to be internally inconsistent with the number of households that the city forecasted in Table 2.3, page 2-9 in the plan, which was 2,610 households by 2020, of which 1,525 households would be added in the period 2000- 2010. The Council's affordable and life -cycle housing goals -setting guide is applicable to 2010, and housing reviews of local comprehensive plans are focused primarily on the 2000-2010 period. If we apply the guidelines to Eagan's 2010 forecast of 1,525 new households, the city should plan for 1,144 (75%) owner -occupied units and 381 (25%) rental units during this period. If the city truly wants to "work toward achieving and sustaining the planning benchmarks" as the plan states, it should plan to accommodate 789 (69%) affordable owner -occupied units and 133 (35%) affordable rental units. As proposed the 1,100 units of medium density (townhomes) "could" accomplish the goal for affordable owner -occupied units, but the total of 80 planned high-density units developed on only seven acres as A-9 900 identified in the plan cannot satisfy the demand for rental housing (381 units) or affordable rental units (133), based on Eagan's own growth forecasts and the benchmarks it says it wants to achieve. The numbers look worse when they are compared with Council growth forecasts. The Council forecasts a need for Eagan to accommodate as many as 2,700 households between 2000 and 2010. Based on this forecast, the city of Eagan should plan for 2,025 (75%) owner -occupied units and 675 (25%) rental units and with these growth numbers the city should plan to accommodate 1,397 (69%) affordable owner - occupied units and 236 (35%) affordable rental units. As proposed in the plan the land uses in place can accommodate only 1,100 units of medium density development (townhomes) that could be affordable owner -occupied units and a total of 80 high-density units. In terms of acreage that should be identified to meet these affordable and life -cycle housing expectations through 2010, the plan is short by at least 50 acres of medium density residential land and nearly 50 acres of high density land if such development is limited to only 12 units per acre. A communication from the city staff on September 14 attempted to clarify how much land is guided for high-density development in the city. The letter indicates that it is "anticipated" that up to 35 acres of land in the city's Cedarvale redevelopment area "would develop at an overall density of 12 units per acre." However, this information does not clarify for us whether this land use is currently in place and the future residential land use Table 9.8 has not been modified to reflect this high density land, so it appears at this time to be only speculation, not a land use change. It appears that at present only seven acres are available for additional high density housing in Eagan. The city might argue that it does not have enough residential land to meet Council forecasts. Is that a consideration? As noted above, the plan identifies 751 acres of vacant residential lands in October 1998 out of a total of 2,239 acre of vacant land. The city could plan for more of its vacant land to be developed for residential use. The plan identifies a total of 1,381 acres of underutilized land in October 1998 of which 888 acres are identified as residential, but proposed to redevelop 239 acres. If it redeveloped the remainder, it could add 649 acres of land for residential development. If the 649 acres were developed at 3.2 units per acre, it would yield 2,077 additional housing units, which added to the 3,180 proposed in the plan, would bring the total to 5,257. Fifty-seven more than the Council's forecasts for Eagan to 2020. But what if the 649 acres is not available? Eagan's plan to add 3,180 units on 990 acres means that it is proposing an overall density of 3.21 units per acre for new development. Though higher than the Council's guidelines for new MUSA, it is significantly lower than the city's present 3.56 units per acre (23,850 households divided by 6,708 acres of residential land in October 1998). If the city would plan to continue its past residential density, the 990 acres could accommodate 3,524 units or 344 more than its present plan. In order to accommodate 5,200 household on 990 acres, the city would have to increase its overall density to 5.25 units per acre for the new development. Such an increase in density would be consistent with Council's Regional Blueprint and Regional Growth Strategy policies that call for cities in the urban area for increase densities and intensities of land use to reduce sprawl and improve opportunities for the efficient use of transit. Neighboring Burnsville, for example, has increased its overall density for new development to 8.8 units per acre. Regarding affordable rental housing, the most recent survey done by the Dakota County Community Development Agency reveals that Eagan now has the highest average rents in the county and the second highest two-bedroom rents. The survey indicates that since 1998, average rents for one, two and three bedroom units in the city have exceeded the tax -credit rent limits used by the Council in determining new unit affordability. Eagan's plan does not address this problem and does not propose to increase the share of affordable rental units, or guide more land to make such development possible. A-10 9/ With respect to affordable homeownership, the plan acknowledges that Eagan's share of affordable ownership units is not increasing and is not close to the sector benchmark. In 1994, the data baseline year for determining sector benchmarks for affordable ownership units, 62 percent of Eagan's owned units were affordable. By 1998 the city's share of similarly valued units had fallen to 38 percent. Yet the plan says that although 990 acres of land may be available for future residential growth, the city is planning to push overall density downward and guide only 19 percent of this acreage for medium and high-density development despite the fact that the city is planning for and wants significant employment growth, an employment growth that could be benefited greatly by more affordable new housing opportunities in the community. Therefore, this plan can not be said to meet the expectations of the LPA or of Council housing policy regarding cities' responsibilities to provide the opportunity for the development of affordable ownership housing or rental housing, both affordable and market -rate, by guiding a sufficient amount of land for both medium and high density residential growth. EAGAN CITY INDEX EAGAN'S INDEX- 1998 SECTOR BENCHMARK Affordability Ownership 62% (1994) 38% 69 — 70% Rental 22% (1990) 25% 35-40% Life Cycle Type (non -single family detached) 46% (1993) 47% 35 — 38% Owner/renter Mix 69 / 31% (1990) 74 / 26 % (72-75) / (25-28)% Density Single-family Detached 1.8 / acre (1990) 2.3 / acre 1.9 — 2.1 / acre Multifamily 9 / acre (1990) 9.5 / acre 10 / acre Water Resources Management: (James Larsen, Environmental Planning. & Evaluation, 651-602-1159) Individual Sewage Treatment Systems (ISTS): Approximately 300 ISTS remain in use serving residences in the city. The city has modified its ordinance and in the process of implementing a management program for monitoring existing septic systems that is consistent with Council policies and MPCA Chapter 7080 Rules. Storm Water Management The city's plan is consistent with current Council content requirements in this area. Water Supply The city's water supply plan has been updated for consistency with its comprehensive plan. Compatibility with Adjacent Jurisdictions and School Districts The plan was forwarded to the adjacent jurisdictions and school districts for review. Eagan received comments from Dakota County in a letter dated July 22, 1999. Dakota County comments focused primarily on transportation, with additional comments in the areas of land use, ISTS and Parks and Open Space. Overall, the County says that Eagan's plan "provides a very thorough and readable description of past development trends, current planning issues and the rationale for changes in the direction and emphasis of future city planning efforts." Of particular interest in the County letter is the following statement. Dakota County's Cornprehensive Plan, Dakota Courr°' 2000, identifies an important relationship that exists between land use and transportation planning. Goal 5 of the Land Use Chapter addresses this relationship: "Encourage land use patterns and community design that support pedestrian and transit oriented development." A-11 90Z We note that Eagan has included language in its Guide Plan that supports alternative transportation modes (Economic Development Section, Broad Employment Opportunities, policy 2). However, the plan could go further by recommending the integration of alternative transportation modes into land use development plans. Similarly, the City's encouragement of mixed use development that combines jobs, shopping and housing, could help alleviate future transportation problems by reducing automobile dependency. The Council concurs with the County's statement. The city's plan appears to be compatible with the plans of adjacent jurisdictions and school districts. EAGAN COMPREHENSIVE PLAN GUIDE FINDINGS AND CONCLUSIONS 1. Eagan is a second -ring suburban city of more 60,000 people in 22,000 households and 37,000 jobs. It is substantially developed, having an estimated 2,239 acres (11 percent) of land vacant. The city's current overall development density is 3.5 units per acre. It is proposing a modest increase in households by 2020 of approximately 2,600 units, about one-half of what the Council forecasts. However, the plan indicates that there is adequate vacant and underdeveloped land available in the city to accommodate the Council's higher household forecasts at existing densities, and substantially more development if the city agreed to intensify development consistent with the Council's Regional Blueprint and Regional Growth Strategy policies for urban areas. 2. As proposed Eagan's Comprehensive Plan Guide is inconsistent with the Council's Regional Blueprint, Regional Growth Strategy and Housing policies. In order to become consistent, the city's plan must, at a minimum, plan for 29,000 households by 2020 and must guide more land for medium- and higher -density multiple -family development and affordable rental housing. 3. Eagan's Comprehensive Guide Plan is in conformity with the metropolitan system plans for Aviation and Recreation Open Space. Some advisory comments are provided in Attachment B with respect to clarifications suggested to the Eagan comprehensive plan. 4. The city's plan is not in conformity with the metropolitan system plans for Transportation and Wastewater Services, because the city's plan does not follow Council forecasts for households. The Council will under certain circumstances allow communities to use their own lower or higher forecasts for planning purposes. In this case, there is a regional need for Eagan to meet or exceed Council forecasts by 2020. Eagan's plan represents a substantial departure from the metropolitan system plans for Transportation. Because the city's plan does not provide adequate future high- density and rental housing and does not adequately plan to intensify development to support regional transit services, which may result in forcing such development further out where transit services are more expensive to provide if they are available at all, Eagan's plan may have an adverse impact on the existing regional transit system. Eagan's plan represents a substantial departure from the metropolitan system plans for Wastewater Services. Because there is adequate capacity in the Seneca WWTP to serve Council forecasts for Eagan, the city's plan which will cause development to move outside of the Seneca WWTP and into areas where WWTP capacity is limited and must be expanded to accommodate additional development represents a substantial adverse impact on the regional system. Eagan's plan will result in less efficient and effective use of regional transit and wastewater services, which represents an adverse impact on these regional systems. A plan modification is proposed to require that the city plan to accommodate Council household forecasts for 2010 and 2020. The city is strongly encouraged to accommodate the additional households through identification of additional parcels for higher density development and by changing its development policies to allow for higher densities that generally permitted in the city at the present time. The city's plan must detail how it will accommodate the additional development consistent with Council forecasts. 5. Eagan's Comprehensive Guide Plan is inconsistent with the Council's housing policy, and the city should be strongly encouraged to revise its housing and land use plans to increase its supply of land available for medium- and higher -density residential development. The city should be advised that until its plan is found consistent with Council housing policy, the Council's "alignment" policy will result in the city receiving lower priority for grants and other financial assistance over which the Council has direct or indirect influence. Eagan's Comprehensive Guide Plan is compatible with the plans of adjacent jurisdictions and school districts. Although Dakota County has encouraged the city to encourage land use patterns and community design that support pedestrian and transit oriented development. ATTACHMENT B AVIATION ADVISORY COMMENTS -- MINOR CHANGES IN THE EAGAN COMPREHENSIVE GUIDE PLAN While the Eagan plan is in general conformance with the 1996 Aviation Policy Plan, there are several items that should be clarified in the plan: • The city's plan should reference the Noise Policy Area (NPA) depicted in Figure 15, page 67 of the Aviation Policy Plan. This NPA is in effect for Eagan's plan until such time that.a new NPA is adopted. This also applies to development in special planning areas 1, 2, 3 & 5. The Council will consider adoption of the 2005 MSP noise contour (being prepared as part of the MSP part 150 update) as part of its update of the regional Aviation Policy Plan in 2000. The comprehensive plan's reference to figure 5.1 [2005 MSP NPA] is invalid, as the Council has not yet adopted this type of NPA. • The text defining "Conditional" land uses [page 6] should state "Land uses that, in addition to meeting the structure performance standards, may...." Thus clarifying that there is a precondition. • The text under airport safety [page 7] should be separated to reflect height control of structures as occurs under the MSP airport zoning district; and the text that relates to controlling potential obstructions in the regions general airspace for areas outside individual airport zoning districts. • Text [page 8] referencing the Council should also include "approval of individual airport long-term comprehensive plans." • The city may want to consider control of potential heliport/helicopter activity by reviewing land use designation/zoning where such an operation may be allowed as a "permitted" use. The Council's model heliport ordinance may be used, or referenced, if the city wishes to take a more proactive stance on location/operation of such facilities. Agenda Information Memo November 6, 2000 Eagan City Council Meeting B. JULY STORM UPDATE/ISSUES/ACTIONS ACTION TO BE CONSIDERED: 1) Review the current status of the July '00 Storm recovery; 2) Consider retaining an independent Consulting Engineer to review the City's Storm Drainage Report; and 3) Schedule the 10 Special Council meeting dates for the follow-up neighborhood meetings to consider the Storm Drainage Report proposals/options. FACTS: • On July 7 & 8, 2000, the City of Eagan was hit with an unprecedented storm event that resulted in significant flooding in various parts of the community. The City has been involved in the long process of working with the affected residents to assist in their recovery. Councilmembers Masin and Blomquist have requested that an agenda item be scheduled to discuss these issues. • In response to the extent of the flooding, the City retained the firm of Bonestroo, Rosene, Anderlik and Associates (BRAA) to evaluate the storm's impact and identify areas where the City's storm drainage system does not meet the City's current design standards. The report will also identify options available to bring the system up to the City's standards as well as other possible options for improvements that could provide greater levels of protection. Councilmembers Carlson and Bakken have requested the Council to consider hiring an independent engineer to review the study performed by BRAA and to provide a second opinion to insure that it meets the City's needs. • Approximately 40+ individual areas have been identified for analysis as a result of the storm event. The Storm Drainage Study has grouped these areas into 10 general "neighborhood" groupings to better facilitate the ability to review the drainage issues and corrective options with the affected property owners in smaller meeting sessions, and to minimize the number of follow-up Special Council meetings. It would be appropriate for the Council to formally establish these follow-up Special Council meetings so that they can be announced at the Nov. 9 community meeting, and the necessary notices can be mailed out in a timely manner to all interested citizens. Agenda Information Memo November 6, 2000 Eagan City Council Meeting C. ENGINEERING SERVICES - SOLICITATION OF STATEMENT OF QUALIFICATIONS (SOQ) ACTION TO BE CONSIDERED: Set a schedule for the Selection of Professional Consulting Engineering services and authorize staff to solicit Statement of Qualifications (SOQ). FACTS: • The City Council has authorized the retention of multiple consulting engineering firms to provide professional services to the City. These services are to be retained after the City solicits Statements of Qualifications (SOQ) from interested companies, interviews a selected list of finalists and approves a contract for services. • At a Special City Council meeting of Oct 24, the Council passed a motion to perform this selection process in 2001, but wanted it to begin yet this year. The typical selection process involves the Public Works Committee interviewing a selected list of qualified candidates and forwarding a recommendation on to the full Council for formal approval. • Because of the time frames involved in the solicitation, submittal review, evaluation, interview and final selection processes, it would be helpful for the Council to establish the interview date(s) by the Public Works Committee (Councilmembers Carlson and Blomquist) and the Council meeting for formal approval by the full Council. ATTACHMENTS: feS'_. • Consultant selection process and time frame, page 97 PROPOSED SCHEDULE FOR SOLICITATION OF STATEMENT OF QUALIFICATIONS (SOQ) AND SELECTION OF CONSULTING ENIGINEERING SERVICES ACTION DATE City Council Authorization to Solicit SOQ's Nov. 6, 2000 Advertise/Distribute SOQ's 3-4 weeks Pre-submittal/Proposer Conference (staff) Early December SOQ Submittals Due Mid to late December Evaluate SOQ's (staff) 7-10 days (Early January) Interviews (P.W. Cmte & staff) (6+/- Firms) 1 full or 2 half days (Mid to late January) Council approval Feb. 6, 2001 Agenda Information Memo November 6, 2000 Eagan City Council Meeting X. NEW BUSINESS A. PRLIMIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION (WOODHAVEN VILLAS) — MANLEY BROTHERS CONSTRUCTION ACTION TO BE CONSIDERED: ➢ To approve a Preliminary Planned Development to allow 6 single family residential lots upon approximately 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast 1/4 of Section 25 subject to the conditions listed in the staff report. > To approve a Preliminary Subdivision (Woodhaven Villas) to allow the creation of an 6 lot single family residential subdivision located south of Diffley Road and west of Highway 3 in the northeast 1/4 of Section 25 subject to the conditions listed in the staff report. FACTS: > At the applicant's request, this item was continued from the October 17, 2000 City Council meeting. ➢ The subject 1.1 acre property currently overlays four individual parcels of land (Lots 6 & 7 of Auditor's Subdivision # 42 and Lots 2 & 3 of Auditor's Subdivision # 43) and is vacant. > The Planned Development zoning designation has been requested as a means of providing some flexibility from the City's standard R-1 requirements in order to maximize development density. Specific flexibility has been requested to accommodate lots less than 12,000 square feet in area, zero lot line setbacks and a private street system (resulting in lots without public street frontage). A primary intent of the Planned Development zoning is to benefit the community to a greater degree than would development of the underlying zoning district, by allowing flexibility from development standards. > Approval of the Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be considered in conjunction with the Final Subdivision. ➢ At their regular meeting on September 26, 2000, the Advisory Planning Commission held a public hearing to consider the Preliminary Planned Development and Preliminary Subdivision and recommended denial. 99 ISSUES: > At the APC hearing, neighboring property owners voiced the following concerns: • Safety/traffic • Drainage • Utility service • Loss of wildlife • Property values > Also at the hearing, the APC concluded that the proposed development did not satisfy the Planned Development criteria of the City Code. ATTACHMENTS (2): Minutes of the September 26, 2000 APC meeting, pages /4% through /Oa Staff report, pages/Q3 through Advisory Planning Commission September 26, 2000 Page 9 REZONING & PRELIMINARY SUBDIVISION — MANLEY BROS. CONSTRUCTION Chair Heyl opened the next public hearing of the evening regarding a rezoning of approximately 1.09 acres from R-1 (Single Family) to PD (Planned Development) a Preliminary Subdivision and Preliminary Planned Development (Woodhaven Villas) to create six single family zero lot line lots, located on South Robert Trail, south of Diffley Road and north of Eastwood Court in the NE 'A of Section 25. Planner Kirmis introduced this item highlighting the background/history, existing conditions and surrounding uses of the property. He stated that while the proposed 6 lot single family residential subdivision is consistent with the land use directives of the comprehensive plan, some question exists as to whether the intent of the planned development zoning designation has been fulfilled. He stated that the acceptability of the lot sizes, zero lot line setbacks and private street (associated with the planned development designation) are considered policy matters to be determined by City Officials and if approved the 14 conditions listed in the September 26, 2000 planning report should apply. The applicant was not present. One resident, representing approximately 20 others present, presented a slide presentation outlining their reasons for opposition to the proposed subdivision. Their concerns included safety, access to Highway 3, drainage, utilities, wildlife and the decrease in property values. Five other residents spoke echoing many of the same concerns plus concern over the small lot size, buffering, possible flooding. There being no further public comment, Chair Heyl closed the public hearing. Chair Heyl stated she could not see how this project would benefit the community. She also expressed concern over poor access to the site, potential drainage problems and failure to meet the requirements of the City Code. Member Segal stated he feels there is a need for zero lot line housing, but this is not the appropriate location. Member Segal moved, Member Tilley seconded a motion to recommend denial of a Preliminary Planned Development to allow 6 single family residential lots upon approximately 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast 'A of Section 25. The Commission discussed their reasons for recommendation of denial of the project as being the possibility of drainage problems, the small lot sizes, overall poor use of the property. /d/ Advisory Planning Commission September 26, 2000 Page 10 A vote was taken on the motion. All voted in favor. Member Segal moved, Member Tilley seconded a motion to recommend denial of a Preliminary Subdivision (Woodhaven Villas) to allow the creation of a 6 lot single family residential subdivision located south of Diffley Road an west of Highway 3 in the northeast '/ of Section 25. The Commission discussed their reasons for recommendation of denial of the project as the possibility of drainage problems, the small lot sizes, overall poor use of the property. A vote was taken on the motion. All voted in favor. The Commission took a ten minute break at 8:45 p.m. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2000 CASE: 25 -PS -08-06-00 25-RZ-04-06-00 25 -FD -10-06-00 APPLICANT: Manley Brothers Construction HEARING DATE: September 26, 2000 PROPERTY OWNERS: Manley Brothers Const. PREPARED BY: Bob Kirmis REQUEST: Preliminary Subdivision and Preliminary Planned Development LOCATION: South of Diffley Road and west of Highway 3 COMPREHENSIVE PLAN: D -H, Mixed Residential (0-6 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REOUEST Manley Brothers Construction is requesting Preliminary Subdivision approval to allow the creation of a six lot single family residential subdivision entitled "Woodhaven Villas". The proposed subdivision overlays 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast '/4 of Section 25. In conjunction with the preliminary subdivision request, the applicant has also requested approval of a Preliminary Planned Development (rezoning) to accommodate lot areas less than 12,000 square feet, zero lot line setbacks and a private street. Approval of the Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be considered in conjunction with the Final Subdivision. AUTHORITY FOR REVIEW 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: /d3 Planning Report — Woodhaven Villas September 26, 2000 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 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" 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." /05/ Planning Report — Woodhaven Villas September 26, 2000 Page 3 Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject 1.1 acre property currently overlays four individual parcels of land (Lots 6 & 7 of Auditor's Subdivision # 42 and Lots 2 & 3 of Auditor's Subdivision # 43). By definition, auditor's subdivisions are considered unplatted property. The property is presently vacant. EXISTING CONDITIONS The subject property is unplatted. The site contains significant topography and mature vegetation that will influence the development of the property. The site is accessed from the east via Highway 3. No wetlands exist on the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential; zoned R-1, guided D -H, Mixed Residential (0-6 units/acre) South - Single Family Residential; zoned R-1, guided D -II, Mixed Residential (0-6 units/acre) East - Highway 3 and City of Inver Grove Heights West - Single Family Residential; zoned R-1, guided D -H, Mixed Residential (0-6 units/acre) Planning Report — Woodhaven Villas September 26, 2000 Page 4 EVALUATION OF REOUEST Planned Development The Planned Development zoning designation has been requested as a means of providing some flexibility from the City's standard R-1 requirements in order to maximize development density. Specific flexibility has been requested to accommodate lots less than 12,000 square feet in area, zero lot line setbacks and a private street system (resulting in lots without public street frontage). As previously indicated, a primary intent of planned development is to benefit the community to a greater degree than would development of the underlying zoning district. Whether or not the proposed development satisfies the planned development criteria is considered a policy matter to be determined by City Officials. Preliminary Subdivision Compatibility with Surrounding Area - The subject site is bounded on the north south and west by single family residential uses, and on the east by Highway 3. While the proposed addition of single family residential uses appears compatible with existing and anticipated surrounding land uses, some question exists as to whether the proposed density of development is compatible with surrounding land uses. Whether or not the proposed development density is compatible with surrounding land uses is considered a policy matter to be determined by City Officials. Density - A total of 6 dwelling units have been proposed upon the subject 1.1 acre property. This results in a density of 5.5 units per acre, consistent with the density of the Comprehensive Guide Plan. Lots - A total of six lots have been proposed ranging from 4,171 to 6,605 square feet in size. While the proposed development satisfies the density requirements of the Comprehensive Guide Plan, the lot sizes are significantly less than standard single family residential lots (12,000 square feet) and lot sizes in neighboring subdivisions (approximately 15,000 square feet). The acceptability of the proposed lot sizes is considered a policy matter to be determined by City Officials As previously indicated, all proposed lots are to be accessed via a private street. Details related to the proposed private street will be addressed in a latter section of this report. Setbacks - The PD zoning designation does not establish specific setback requirements. The R-1 district standards are however, considered an appropriate guideline. The following is a comparison between minimum R-1 district setbacks and those being proposed: /O6 Planning Report — Woodhaven Villas September 26, 2000 Page 5 Note: A minimum 10 foot separation between buildings has been proposed. With the exception of the proposed side yard setbacks, all proposed setbacks comply with minimum R-1 district requirements. The acceptability of the proposed zero lot line setbacks is considered a policy matter to be determined by City Officials. As a condition of preliminary subdivision approval, the buildable area of Lot 6 (as illustrated on the Preliminary Subdivision) should be revised to account for a 20 foot private street setback along its eastern property line. Grading - The Preliminary Grading Plan is not acceptable. The existing site is moderately wooded and slopes from east to west with large variations in topography. The entire site is proposed to be graded as part of the development. The Minnesota Department of Transportation (MnDOT) has reviewed this proposal and is requiring that the private drive onto Highway 3, as part of a required access permit, be graded with 6:1 maximum side slopes. The developer is proposing to construct a 6 to 18 -foot high retaining wall, with a guard rail, in the southeast corner of the site near the entrance to Highway 3. MnDOT is also requiring that all retaining wall and guardrail construction be kept out of the Highway 3 right-of-way. Detailed plans and specifications for the retaining wall should be submitted for review and approval by the City engineering department prior to final subdivision approval for this development. Storm Drainage - The Preliminary Storm Drainage Plan is acceptable with modifications. Storm water runoff from the private drive and the townhouse units will flow to existing Pond JP -26.1 (as designated in the City Storm Water Management Plan — 1990) northwest of the site. A large area of slope on the north edge of the development is proposed to drain toward the existing house to the north (4255 South Robert Trail), where the current drainage patterns direct runoff away from the house. Drainage from this slope during large rainfall events could adversely affect this property. The developer should construct drainage swales and diversions to ensure that runoff from this slope remain within the development until it reaches Pond JP -26.1. Utilities - The Preliminary Utility Plan is acceptable. Sanitary sewer and water are available along the east edge of the site within Highway 3 right-of-way for connection by the development. R-1 district setbacks Proposed setbacks Streets Highway 3 Private street 40 feet 20 feet 40 feet 20 feet Side yard 10 feet Zero lot line* Rear yard 15 feet 15 feet Note: A minimum 10 foot separation between buildings has been proposed. With the exception of the proposed side yard setbacks, all proposed setbacks comply with minimum R-1 district requirements. The acceptability of the proposed zero lot line setbacks is considered a policy matter to be determined by City Officials. As a condition of preliminary subdivision approval, the buildable area of Lot 6 (as illustrated on the Preliminary Subdivision) should be revised to account for a 20 foot private street setback along its eastern property line. Grading - The Preliminary Grading Plan is not acceptable. The existing site is moderately wooded and slopes from east to west with large variations in topography. The entire site is proposed to be graded as part of the development. The Minnesota Department of Transportation (MnDOT) has reviewed this proposal and is requiring that the private drive onto Highway 3, as part of a required access permit, be graded with 6:1 maximum side slopes. The developer is proposing to construct a 6 to 18 -foot high retaining wall, with a guard rail, in the southeast corner of the site near the entrance to Highway 3. MnDOT is also requiring that all retaining wall and guardrail construction be kept out of the Highway 3 right-of-way. Detailed plans and specifications for the retaining wall should be submitted for review and approval by the City engineering department prior to final subdivision approval for this development. Storm Drainage - The Preliminary Storm Drainage Plan is acceptable with modifications. Storm water runoff from the private drive and the townhouse units will flow to existing Pond JP -26.1 (as designated in the City Storm Water Management Plan — 1990) northwest of the site. A large area of slope on the north edge of the development is proposed to drain toward the existing house to the north (4255 South Robert Trail), where the current drainage patterns direct runoff away from the house. Drainage from this slope during large rainfall events could adversely affect this property. The developer should construct drainage swales and diversions to ensure that runoff from this slope remain within the development until it reaches Pond JP -26.1. Utilities - The Preliminary Utility Plan is acceptable. Sanitary sewer and water are available along the east edge of the site within Highway 3 right-of-way for connection by the development. Planning Report - Woodhaven Villas September 26, 2000 Page 6 Streets/Access/Circulation - Street access for all six lots is proposed from a single 20 -foot wide private drive that will intersect with Highway 3 in the southeast corner of the development. The private drive is located on the inside edge of a curve of Highway_3. City staff has requested sight distance information for the drive onto Highway 3 from the developer to evaluate for vehicle turning movements exiting the development. Adequate sight distance, in accordance with MnDOT standards, is likely not available. Sufficient sight distance onto Highway 3 could likely be achieved if access were available at the northeast corner of Parcel 011-06 to the north as part of possible development combining this site with Parcel 011-06. Prior to preliminary subdivision approval, the developer should provide sight distance information for the private drive intersection with Highway 3 for evaluation by City staff and MnDOT. To minimize access upon Highway 3 and improve vehicle sight distance, consideration should be given to ultimately providing access to the subject property through the adjacent property to the north (at such time when it develops). To provide such an opportunity, the proposed private street should be stubbed to the north with a temporary turnaround at its terminus (in accordance with City engineering and Fire Department standards). At such time when the northerly property develops and alternative access is provided, the subject property's access to Highway 3 should then be eliminated. To ensure maintenance of the proposed private street and provide an assurance against tax forfeiture, a Homeowners Association should be formed the bylaws of which should be subject to review and approval by the City Attorney. Easements/Permits/Right-of-Way - The developer is responsible for obtaining all necessary MnDOT permits. The developer should be responsible for conditions required as part of the MnDOT permits, including the possible construction of tum and bypass lanes on Highway 3 and all grading requirements. Water Quality/Wetlands - This proposed 1.1 -acre single-family subdivision is located in the City's J -watershed. Stormwater from the site will drain to the north through a series of existing ponds. Because this development is relatively small, on-site water quality treatment of stormwater is not practical. Therefore, in accordance with City policies, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped Conditions. There are no jurisdictional wetlands associated with this site. Tree Preservation - A tree inventory submitted with this application indicates that there are sixteen (16) significant trees on site. The development as proposed will result in the removal of twelve (12) significant trees (75% 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-family residential) is set at 40% of the total significant vegetation. With a proposed removal greater than the allowable Planning Report — Woodhaven Villas September 26, 2000 Page 7 amount, there will be required tree mitigation for this proposal. The required tree mitigation calculates to seven (7) Category A trees or fourteen (14) Category B trees or twenty-eight (28) Category C trees, or an equivalent combination of the three categories. The applicant has submitted a tree mitigation plan that shows the installation of twenty (20) Category B trees. Parks - This development shall be responsible for a cash parks dedication and cash trails dedication. For 2000, a cash park dedication of $1,272 per lot and $168 per lot for trials is required; however, park and trial dedication shall be based on the rates in effect at the time of Final Subdivision approval. In consideration of the proposal, the Advisory Parks Commission cited concern over the proposed lot sizes. Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION While the proposed 6 lot single family residential subdivision is consistent with the land use directives of the comprehensive plan, some question exists as to whether the intent of the planned development zoning designation has been fulfilled. The acceptability of the lot sizes, zero lot line setbacks and private street (associated with the planned development designation) are considered policy matters to be determined by City Officials. ACTION TO BE CONSIDERED A. To recommend approval a Preliminary Planned Development to allow 6 single family residential lots upon approximately 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast'/. of Section 25. If approved, the following condition should apply: 1. The City shall approve the Woodhaven Villas preliminary subdivision and the developer shall satisfy all the conditions attached thereto. B. To recommend approval of a Preliminary Subdivision (Woodhaven Villas) to allow the creation of an 6 lot single family residential subdivision located south of Diffley Road and west of Highway 3 in the northeast '/< of Section 25. If approved, the following conditions should apply: lot Planning Report — Woodhaven Villas September 26, 2000 Page 8 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 and3,C1,2and4,D1 and El 2. The property shall be platted. 3. The buildable area of Lot 6 (as illustrated on the preliminary subdivision) shall be revised to account for a 20 foot setback along its eastern property line. 4. A minimum building separation of 10 feet shall be maintained. 5. The proposed private street shall be stubbed to the north with a temporary turnaround at its terminus (in accordance with City engineering and Fire Department standards). At such time when the northerly property (Parcel 011-06) develops and alternative access is provided, the subject property's access to Highway 3 shall be eliminated. 6. Detailed plans and specifications for the retaining wall shall be submitted for review and approval by the City engineering department prior to final subdivision approval for this development. 7. The developer shall construct drainage swales and diversions to ensure that runoff from this slope remain within the development until it reaches Pond JP -26.1. 8. Prior to preliminary subdivision approval, the developer shall provide sight distance information for the private drive intersection with Highway 3 for evaluation by City staff and MnDOT. 9. The developer shall be responsible for obtaining all necessary MnDOT permits. The developer should be responsible for conditions required as part of the MnDOT permits, including the possible construction of turn and bypass lanes on Highway 3 and all grading requirements. 10. To ensure maintenance of the proposed private street and provide an assurance against tax forfeiture, a Homeowners Association should be formed the bylaws of which shall be subject to review and approval by the City Attorney. 11. This proposal shall be responsible for tree mitigation that calculates to seven Category A trees or fourteen Category B trees or twenty-eight Category C trees, or an equivalent combination of the three categories. 12. In lieu of on-site water quality ponding, a cash dedication of $1,673 shall be required for this development. Planning Report — Woodhaven Villas September 26, 2000 Page 9 13. This proposal shall be responsible for a cash parks dedication. 14. This proposal shall be responsible for a cash trails dedication. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. .3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ca, 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: Auoust 25, 1987 September 15, 1987 Revised: July 10. 1990 LTS#5 STANOARO.CON //3 Revised: February 2, 1993 FINANCIAL OBLIGATION Woodhaven Villas Preliminary Plat There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $900/Lot 6 Lots $5,400 Water Trunk S.F. $940/Lot 6 Lots 5,640 Storm Sewer Trunk S.F. .086/Sq. Ft. 47,480 Sq. Ft. 4,083 TOTAL $15,123 Location Map Eagan Boundary Street Centerline Parcel Area El Building Footprint des At an0 sab ALA. ' 4 4'c,4vvo.l4 •+4 ©© D d . �1a.7v pen MIT/ PirtaVI Vmpw .1i>‘P.&r.: 1`,k3ip CI 417v • • �pSA. vs4c4geii vocelar , Kif M b 1*/* • 41ei 115,34., 1:4051W" f I agesag \ . . lediAllitriA VIiCiila 1 1211UlCIF. L.11 I I LY" ra LaaJ Sub'ect Site `vp� ii611t� li�. iaz+ IID a Si �� ilikrza Vilikt` 4207 W4,, .cv..tizki Vat) k.144' moo''( e�44(IP � 1 � 4,91. ' CJietettv 1114/5iiiiii Lana pivi e.1044•41;144141d I C:12;‘ In" 41:‘ 417a4k, elA36111.111111PAIII-M—IrjENNOrallgligniffill delMirrilliratilMenewp, !PC 0,12 t -e 1000 N 110 1111,'"11t-1--Ilw+ � w�► J• r.,l�11I�j �i a1 IP VIIA jg*S• ' IR L 0 1000 2000 Feet Development/Developer: Woodhaven Villas Application: Rezoning, Prelim. Subdivision, Prelim. PD Case No.: 25-RZ-04-06-00, 25 -PS -08-06-00, and 25 -PD -01-06-00 411Pik. City of Eagan MINNESOTA Community D.va.►m..t ogartm..t The using ERSI AtNew 31. Parcel bona nap data pwldsd Land Sunny Dmirtment and is arrant= d Augu t MOO. THIS MAP IS INTENDED FOR REFERENCE USE ONLY Ity of Eagan and Dakota County do not guarantee the accuracy of this intonation and aro not r nn ibis for *mors or omissions. W+ E Current Zoning and Comprehensive Guide Plan Land Use Map Woodhaven Villas Case No. 25-RZ-04-06-00, 25 -PS -08-06-00 and 25 -PD -01-06-00 Zoning Map Ji���,� :aim :tritier W"' '_ `•kIgaH c s A.N. iliam O. 30 twrrl rrr ROAoI I 0 . D Current Zoning: , .in PF ` _mens > A A ii>�rI i — A 1 ■ Il .0; ISI Agriculture WPIMInr 4 °I*1 :la 'v"! -Ora egki a mu% &WV! ii Jiro sur it Ivirjdjat 400 0 SOO MO Foot PF AP 1 S ;4Pput 44 III i. . Comprehensive Guide Plan ♦ 4 �, Ns Land Use Map mill . hiiiiir i►op N kNageINA: •1* - PF DNB �`. hili C.a.A.N. HO. 70 (DIFFLEy '.i ROAD) ate— ii ,III Current Land Use Designation: III MirDIN r.� , NM Illt 01, 101 an r II /IV Mixed Residential (0-6units/acre) ��, 9� �•pf a filli: EIMAA 04 Or4 II? . sin ir/4 w'S' "fir wt.: Et Heights ,L* Vs dr IWO° 114 411111 Ilk Mb Aa PF f N 1-ti.w00sew ..w.0 r, Dr.e. ' I bms wrap c.wwq Laved sw...y D•a 3 rw..N •roaroo. Mfenaa.Y.w City of Eagan CerfirainityDBVEIOj1/f1M3f DePartment The City .0 talwed Yy Gty $tan. W E THIS MAP IS INTENDED FOR REFERENCE US! ONLY of !span and Dakota County do not yuarantoo the accuracy of this information. S 0 E kg §8 0 2z k6 2rsa k cn & a .$ ff e zags. ■ „ ■ N.." - EVO ina!! I�� � §t)•a s<m=- o15 _t, ai|%� _ma -f scq r2 is .:-.s 0.815z. }aJ$} 0 k o 3 3E .5 a &o k J 2 R 4 7 ps \ - $o } $ }2 7 & 6 , CDS 2N ADD!T1.N C",,; PRELIMINARY SUBDIVISION ® , 6 5 ODS 2N ADDI TI N UTILITY PLAN �� l FOUNDATION PLANTING PLAN f V N 1 Q 0 sz ta W 1O 1 1 V EAGAN PUO y,. 5 5 N 11 • a i 1' !11 t ! f "' '; aidjt1 siG 11! 111 ;ill1=A 11:111,f !two 1 1 !f{ �,. fib,• , 1 LANDSCAPE PLAN ' •a• Y• W,••MJ9a0/ 0106.1J9rwa 1+•�►�f].�.F/ r WWW :s. W W` W W W W W W 3 r N C W C N K W N W WC C KW NC V/ J (V7 zzz vW W mm N ,5, «< « W W Wwzsoa 202zzg woXWXO'�22c( <2<XxYYY Y W 252@EWWd888W88 O mW 1-- wastessosailass W**t Ntt1dINNNNNNY41 0 00000000o0�`~nYOW <nnnnnnnnnnnnnnnn r t0Wa0t0rG/O•D0040tOtD0000 EXISTING_WATERMAII\B,". _ EXISTING SANITARY EWER 8" PVC Nn H 111 P_; 0 'lit11,d1;it ,j11'' 41:11 f It lit% +ii; '1'� hit :lila 11 :j;t t+Ltiij �t (( ti p! t ,it 1•sltji tlr=Ili# �U ji i i 1 yy{{ tl #tt'�' 4 �• seitt; kaf;t x1 All ttt it l;.1411i Pried; (attw i TREE PRESERVATION PLAN 1 -iaaow '1SNO0 'SOble AD1NVIN a N H n 9 1 st S • BUILDING ELEVATIONS • 130011 '1SNO0 'SOd8 Jl8-1NVW • N r7 qr O •J•er ti .Vl 1 uwor � WL 1 f.� i .r Of 1-1 /..13 1 FLOOR PLANS -maoW aSNO0 'S0}18 k31NVW a 1 1 r ef • n P. oh F tic r41 ra Ff1i 111 1-4 . i -a L r a 9 8 0 0. F W d► ▪ bs IA g o 400115.00.1 ,fi� O q ge 'oFgClii N v,_mo ag,,- -1§• t7111 0 5I ATE TRUNK HIGHWAY N 1 0 0 0 1 J x A a a P. n ". ▪ J 4 752 15 Zi 11 Agenda Information Memo November 6, 2000 Eagan City Council Meeting B. APPROVE COMMENTS REGARDING MAC PART 150 DOCUMENT ACTION TO BE CONSIDERED: To approve the comments recommended by the Airport Relations Commission regarding the Metropolitan Airports Commission Part 150 Study Document and direct staff to submit those comments as part of the official public record. FACTS: • The Metropolitan Airports Commission has released the Draft FAR Part 150 Study Document for Minneapolis -St. Paul International Airport. The FAR Part 150 Study identifies noise impacts at the airport and makes recommendations for mitigating those impacts. • The update process for this study was begun in April 1999. City staff has been closely following and deeply involved in the update process. Information in this document is projected to identify conditions in the year 2005, including impacts from the new Runway 17/35 currently being constructed. • The Eagan Airport Relations Commission reviewed the Part 150 document at its meeting on October 30 and has made the following recommendations for comments to be submitted: > The City should strongly comment on the inequity of redistributing operations on to the new runway so that roughly 64% of all flights at MSP in 2005 (on Runway 17/35 and Runways 12L/30R and 12R/30L) will at some point impact the Eagan community. > The City should strongly encourage the Federal Aviation Administration (FAA) and Metropolitan Airports Commission to immediately conduct a complete airspace study for the area around MSP for the express purpose of implementing a Visual River Approach Procedure on Runway 35. This procedure holds the greatest promise for substantially reducing new noise impacts from Runway 17/35 in Eagan without adversely impacting other communities. > The City should reiterate its position regarding Low Demand Flight Tracks on Runway 17/35 and emphasize that little consideration has been given to the official position of the community that will be impacted by the various options. > The City should advocate the priority use of Runway 12R when the "Crossing in the Corridor" procedure is utilized. This procedure would direct departing aircraft into the center of the Eagan -Mendota Heights Corridor during low - demand periods and away from sensitive uses. > The City should encourage the FAA and MAC to analyze the possibility of a phased -in use of Runway 17/35 so that it is used only as capacity dictates. > The City should encourage MAC to be unfailing in their commitment to have ANOMS receptors in place and collecting data in newly impacted areas of Eagan at least one year before Runway 17/35 is operational. > The City should go on record as supporting a new evaluation criteria and mitigation goal for areas that are subjected to substantial DNL increases. The City should additionally comment that the Part 150 review and the environmental review of the new runway is incomplete because it fails to consider the substantial DNL increase of newly impacted areas. Only areas that are within the 60+ DNL are identified as significant noise areas according to FAA standards. • Staff will make a brief presentation emphasizing these issues and their significance to the community. • The ARC made two additional recommendations that staff would like to discuss with and receive direction from the City Council. First, the ARC strongly endorsed sending a letter from the City to our congressional delegation encouraging them to support legislation similar to the Aviation Noise and Capacity Act of 1990 (the bill that phased out Stage 2 aircraft by January 1, 2000) that would sunset the use of Stage 3 -modified hush -kilted aircraft. The ARC also encouraged the City Council to direct the City Attorney to evaluate whether MAC has met the 1996 statutory mandate to negotiate a contract with affected communities, and to possibly pursue legal action for the purpose of using such a contract to achieve City positions not previously considered by MAC. is 2 Agenda Information Memo November 6, 2000 Eagan City Council Meeting C. REVIEW ORCHARD HEIGHTS 2ND ADDITION (INVER GROVE HEIGHTS JOINT POWERS AGREEMENT) ACTION TO BE CONSIDERED: Provide comments/conditions regarding the Orchard Heights 2nd Addition development proposal in Inver Grove Heights. FACTS: • City staff has received notice from Inver Grove Heights of a development proposal (Orchard Heights 2nd Addition) incorporating 19 acres of property located adjacent to our corporate border, between State Highway 55 and 77th Street. • The development proposal consists of 35 single-family lots served with sanitary sewer and water from the City of Eagan under the terms and conditions of the Joint Powers Agreement (JPA) entered into by both communities in 1997. Article 13.1 "Development Plans" states that the extension of sanitary and water services to Inver Grove Heights is conditioned upon Eagan's approval of development plans for the property. The lots are of comparable size and density as the Burr Oak Hills and Orchard Heights 1' Add. developments in Eagan. Access will be taken from existing 77th Street in I.G.Hts which provides a direct connection to Co. Rd. 63 and Hwy 55. • On October 17, 2000, the Eagan City Council approved a final subdivision of 11 single family lots for the Orchard Heights 1S` Addition, a similar development, located in Eagan adjacent to this development proposal. • Orchard Heights 2nd Addition received preliminary subdivision approval from the Inver Grove Heights City Council in October, 2000. • Eagan Engineering staff have reviewed the preliminary plans for this proposal and find them to be consistent with Eagan's current Comprehensive Utility Plans as well as the intent of the Joint Powers Agreement. • Eagan Parks and Recreation staff have reviewed the preliminary plans and have indicated that a cash dedication for parks and trails will be required from the development, also in accordance with the JPA. • During the processing of this proposal by Inver Grove Heights, residents in Eagan were notified and provided an opportunity to comment. Only one letter of objection was submitted from an Eagan resident. ISSUES • The I.G.Hts staff had recommended denial of this proposal because it was premature to the planned phasing of their comprehensive plans for development in this northwestern area of I.G.Hts. However, their Planning Commission and City Council both granted preliminary approval. The Joint Powers Agreement identified this as an "optional" service area able to be served with utilities by both communities. This area could eventually be served with utilities by I.G.Hts, but they are not expected to become available for 15 +/- years. ATTACHMENTS • Location Map, page Q 9. • Orchard Heights 2nd Add. Development Plans, pages/.3Qthrough /3 / . • Engineering Review Letter, pages /3 ./through 133 • Eagan resident letter, page / 3 . /0)7 A 416 b SIN en at or'se 153 in most" ate. a • 6 j 1 city of ccigen October 26, 2000 Mr. Scott Thureen City of Inver Grove Heights 8150 Barbara Avenue Inver Grove Heights, MN 55077 Re: Orchard Heights 2"d Addition Street & Utility Plans - City of Eagan Review Under Joint Powers Agreement Dear Scott: PATRICIA E. AWADA Mayor PAUL BAKKEN BEA BLOMQUIST PEGGY A. CARLSON SANDRA A. MASIN Council Members THOMAS HEDGES City Administrator Thank you for the opportunity to review and comment on the above -referenced subdivision's final plans for streets and utilities. The subdivision's plans are generally consistent with the latest City of Eagan Comprehensive Plans and the Eagan/ IGH Joint Powers Agreement (JPA). Review of this subdivision under the JPA will be before the Eagan City Council for their consideration on November 6, 2000. Comments received from the Council will be forwarded to you after that meeting. Eagan engineering staff comments are based on the plan set prepared by Alliant Engineering, Inc. dated 5-22-00 with latest revision dated 10-2-00. A summary of our comments is as follows: GRADING • Details should be provided regarding the construction of the proposed retaining wall (heights, type of construction) along the west edge of Lots 3-9, Block 1 near the Eagan/ IGH border. Also, consideration should be given to providing a barrier fence along its top. SANITARY SEWER • The connection of the sanitary sewer to the new lift station within Eagan should be detailed on the plan set. The connection should be core -drilled. We have a construction plan for the lift station for Alliant Engineering's use in design of this connection. • Restoration of the area around the Lift station should also be detailed and should match the restoration completed under the City of Eagan's lift station project. • Watertight castings should be provided on the sanitary manholes in the TH-55 ditch. • A manhole should be constructed on the sanitary sewer line at the Eagan/ IGH border to provide a clear delineation of maintenance responsibilities between the two cities. WATER MAIN • Gate valves should be provided on the water lines at the Eagan/ IGH border, again for delineation of maintenance. MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (651)681-4600 FAX (651)681-4612 TDD: (651)454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity Employer www.cttyofeagan.com /3-z. MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (651) 681-4300 FAX: (651) 681-4360 TDD: (651) 454-8535 STORM SEWER • A copy of the development's drainage areas and calculations should be provided to the City of Eagan for review. • The connection to the existing storm manhole within Eagan should be detailed. The connection should be core -drilled or saw -cut and the existing invert and pipe information should be provided. • Again, a manhole should be constructed on the storm sewer line at the Eagan/ IGH border. MISCELLANEOUS • A copy of the MnDOT permit allowing construction within the TH-55 right-of-way should be provided to the City of Eagan. This should include any special conditions relating to traffic control, erosion control, restoration, etc. imposed by MnDOT as part of the permit. • In regards to inspection of the utilities within Eagan, we request that they be inspected by the City of Inver Grove Heights. Please secure adequate inspection escrow and financial guarantee for this construction as part of a development agreement between Gonyea, Inc. and IGH for the subdivision. • The City of Eagan will provide inspection of the sanitary sewer connection to the lift station within Eagan. Please provide us with a construction schedule for all of the work within Eagan and notify us at least 24 hours prior to the connection. We also wish to be invited to the pre - construction meeting for the installation of improvements. • Record plans in hard copy and digital formats should be provided to the City of Eagan within 90 days after completion of the project. Please incorporate these plan review comments into the final plan set revisions. Also please forward the revised plans to us when they are received. Please contact me if you have any questions or need additional information at 651-681-4645. Again, thank you for the opportunity to review and comment on the subdivision. Sincerely, John Gorder, P.E. Assistant City Engineer C: Tom Colbert, Director of Public Works Russ Matthys, City Engineer Pam Dudziak, City Planner Tom Gonyea, Gonyea Development John Dillingham, Alliant Engineering /33 6514502502 11/03/00 FRI 13:57 FAX 6514502502 INVER GROVE HTS CITY HAL September 11, 2000 Council member of City of Inver Grove Heights, Rosemary Piekarski Krech 8150 Barbara Ave., Inver Grove Heights, Minnesota Dear Council member Krech, In response to recent conversations I`ve had with several people residing in both Inver Grove Heights and Eagan, I would like to share with you some questions and thoughts which surfaced due to the recent planning commission's recommendation in regards to the proposed Orchard Heights 2d Addition housing development. As I understand it, the Planning commission recently recommended the go ahead of the proposed Orchard Heights 2d Addition housing development. As you may already know, this recommendation is Not supported by City planning staff because this action would be inconsistent with the comprehensive water and sewer distribution plan. In the conversations the question was asked, will other I.G.H. property owners just north and south of this area be given the same special opportunity in the very near future when they request the same, thus allowing more, for lack of better words, special financial opportunities for a selected few and putting even a larger hole in the comprehensive water and sewer distribution plan? With whom, where and when would this selective policy end? Also the question was asked, why would the city of IGH spend the time and the tax payers' money on developing a well thought out comprehensive water and sewer plan and then allow certain parties to pull it apart bit by bit, crippling its original function and economical benefits? A great deal of money has already been spent for the cost of installing the already in place higher capacity piping network meant for connection and use in future expansion at a premium cost. Not using the system as designed is a waste of the taxpayers' money. Would the citizens of the city, if supported by you, view such a housing development approval as a special favor of financial opportunity for a few individuals owning and/or developing the said property at the expense of their tax money ? I believe the City planning staff's decision Not to recommend development of this property at this time is logically correct and morally right. I'm guessing that the tax paying and voting citizens would agree as well. All said and done, the right time to develop this property would be when the 3`d phase of the comprehensive water and sewer plan is extended to the area as originally planned. Sincerely, Dean F. Franke 3270 Black Oak Drive, Eagan, Minn. /3 y a002 Agenda Information Memo November 6 Eagan City Council Meeting ENTERCO4RNME'AL>A ' 'A S ................................................................................................. ................................................................................................. A. ASSOCIATION OF METROPOLITAN MUNICIPALITIES 2001 LEGISLATIVE PRIORITIES ACTION TO BE CONSIDERED: To prioritize the policy priorities of the Association of Metropolitan Municipalities and submit those priorities for consideration at their November 9, 2000 meeting. FACTS: • A copy of the AMM 2001 Legislative Priorities was distributed three weeks ago. • The AMM has scheduled policy adoption for their November 9, 2000 meeting. • The City Council, if it desires, should rank the AMM priorities using the priority form attached. ATTACHMENTS: • AMM Policy Priorities (2001) attached on page /34 . /35 NAME: CITY: AMM POLICY PRIORITIES (2001) Please review the following list of priorities submitted by each of the AMM's four policy committees and indicate the top five priority, policies you think the AMM should focus its time and resources on during the 2001 Legislative Session. Fax completed form to: 651-281-1299. (1 = highest priority; 5 = lowest priority) I -A Levy Limits (Revenue) I-B/C Local Aid (Revenue) I -K Class Rate Tax System (Revenue) I -O Public Employees Retirement Association (PERA) Under -Funding (Revenue) II -A Mandates & Local Authority (General Legislation) III -D Minnesota Housing Finance Agency (MHFA) Program & Appropriations (Housing & Economic Development) . III -H Economic Development Responsibilities (Housing & Economic Development) III -J Development Tools (Housing & Economic Development) III -K Workforce Development (Housing & Economic Development) IV -F Local Plan Implementation (Metropolitan Agencies) IV -K Metropolitan Council: Method to Select Members (Metropolitan Agencies) IV -N Water Supply (Metropolitan Agencies) IV -0 Regional Wastewater (Sewer) Treatment Systems (Metropolitan Agencies) V-A Transportation Funding (Transportation) V -B Regional Transit System (Transportation) V -C Metro Transit Property Tax (Transportation) V -G Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (Transp.) Other - Association of Metropolitan Municipalities (AMM) 145 University Ave. W., St. Paul, MN 55103 ♦ Phone: 651-215-4000 ♦ Fax: 651-281-1299 Email: amm@amm145.org /36 LICENSE Construction „Demolition Debris (Number of trucks) �. Required, for }+aulers or contractors^using cc ntainers greater than' four cubic ya.• Additional requirements Outlined!, in Hauling Ordinance as.attached a` . t�ts'ftv. FEES: $50 for first vehicle, plus $25 for each additional vehicle TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN .1 @ $50 .50 @ $25 each:,,r ..'.#.i, Total:: • ,. f) res. 'r .Lir .,r; .; •�. *Vehicles used in more than one licensing category must 1111 out a separate application, but payonly one'A- fee per truck. Example One truck which picks up both residential and commercial recycling needs two licenses; but gply one fee. Please note if this is applicable. The following must be included in order for your application to be processed: • Motor Vehicle Insurance,,,f t , DateofEzpiration ' ' Worker's Comp.Insurance _Date of Ezpiration.�� t , Rate Schedule * if your company wishes to operate as either a Residential or aCommercial %'Multi Dwelling hauler, a corresponding us •:license must be obtained, and additional fees must be paid if additional trucks are to be ed. 'If you need apphc tion 'forms or have questions Please Call the City of Eagan at 681-4600 4 :%�,Y� « <� ' ' ' `�'? r,�sj" CALL TOLL FREE 1-000-GOFJUNK7 NORTH AMERICA'S LARGEST JUNK REMOVAL SERVICE Serving Homeowners, Property Managers, Contractors, Realtors, & Businesses since 1989 THIS COUPON ENTITLES BEARER TO $IO OFF NEXT JUNK REMOVAL ORDER NO CASH VALUE TEN 1 OLLARS rosea c�su 1 1-OOO-GOT-JUNK?, NORTH AMERICA'S LARGEST JUNK REMOVAL SERVICE GOT JUNK" WE DO ALL THE LOADING AND CLEAN-UP WOY>INf1f-1fD-008- L'MMM o z o m� 3 � 0 P.! D 0 •• m 5;•-• G1 m to z m 0 r to '71 C 1" 0 %3 1 • ace D Minnesota Lawful Gambling Application for Exempt Permit - LG220 Organization Information '/< / Page 1 of 2 10/98 For Board Use Only Fee Paid Check No. Initials Received// Organization nameS'cvek piekro (1-?_� / -P.— Previous lawful gambling exemption number X- a !1c5 2s M r n Ile -sof ee 6114.44 -e - es A.ssoci a l Street City S A State/Zip Code County MPJ 5500/ (,Ja;ii.414,_ i 2g22 2"j .- . -Ft -m , Name of chief executive officer (CEO) of organization Fir!ti name Last nam jienrL. Choua_4+-ek Daytime phone number of CEO: (65 l ) 43b — 32-L.3 Name of to{urer of organization Firs nameLast name / Dot h reit 6, @ilrs sten se^ Daytime phone number of v treasurer: ((, t a ) ��� -1 CD, Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fratemal D Religious ❑ Veteran Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization Eitt Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Rost t CU -f f Address (do not use PO box) City State/Zip Code County 22.gv CA i Rd, . �aa n PIO 55123 Date(s) of activity (for raffles, indicate the date of the drawing) Fabru Z3 200 I Check the box or box at indicate the type of gambling activity your organization will be conducting: 0 *Bingo 5;'' Raffles ❑ *Paddlewheels ❑'Pull -Tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attomey General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and intemational gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Application for Exempt Permit - LG220 Page 2 of 2 10/98 Organization Name Local Unit of Government Acknowledgment (Required by Statute) if the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application and three options for the city: 1. Approve the application: By taking no action, the city allows the Board to issue a permit after 30 days (60 days for a first class city). 2 Waive the above -noted waiting period: The city allows the Board to issue a permit before 30 days (60 days for a first class city). Docu- mentation attached. Deny the application by passing a resolution within 30 days (60 days for a first class city). Print name of city: U.C�.EcEn-- �iuitz.t'L (Signature of city personnel receiving application) The l tet.(/► • N 1. L Date /D / ri leo Chief Executive Officer's Signature If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, 1 acknowledge this application and three options for the county: 1. Approve the application: By taking no action, the county allows the Board to issue a permit after 30 days. 2. Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. Documentation attached. • 3. Deny the application by passing a resolution within 30 days. Print name of county: (Signature of county personnel receiving application) Title Date / / On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date / / The information provided in this application is complete and accurate to the nest of my knowledge. Chief Executive Officer's signature Name (please print) �. nY� I^ • eh Loa "}'-e Date %C- // / / e Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. UL.1 -1 C -GI CX.1 10• J7 LI. . nrirvr. lyra) G b!' plc 71...) vvc1 , Ul v., Page 1 of 2 8/00 0 mnavwuia Lt+vfuiaIIINI LG220 - Application for Exempt Permit °Fee - $25 For Board use vn7y Fee Paid Check No. Organization information Organization name Previous lawful gambling exemption number iVI) rIts Va 1I e 9 14 /9633- -- I Street PO ?714X 13' te City `Eurn5ti 1 I e ' State/Zip Code /1,/1J County 55337 Name of chief executive officer (CEO) First name l'} Last name 1919 / S 1/J e ss r Y Daytime phone number of CEO 9S•2 70 z — as Name of treasurer Fust name Last name Daytime phone number of treasurer: s €1 t5O'7 195R) 4/. -Q -e _.tri-ik _ Type of Nonprofit Organization Check Check The ❑ IN the ❑ ❑ box that best descries Fraternal Veteran box that indicates the IRS letter indicating Certificate of Good Standing A charter showing you Proof previously submitted INI ( income your organization: Religious Other nonprofit organization type of proof your organization attached to this application: tax exempt status from the Minnesota Secretary of State's Office' are an affiliate of a parent nonprofit organization and on fie with the Gambling Control Board Gambling Premises information Name of premises where gambling activity will be conducted (for raffles, ast the site where the drawing will place) TO Wa1 Cli ' Address (d6 not use PO box) 07.028 b G1 +fir i City ata State/Zip Code f//) 55-4%7 County Tt kto-6 a.. Date(s) of activity (for raffles, indicate the date of a drawing) /4 AVoU Chock the box or boxes that indicate the ❑ "Bingo 9'4Raffles 'Equipment for these activities must be type r obtained of climbing activity your 'Paddlewheels from a Iicensed distributor. Ili organization will be conducting: 'Pull -Tabs iI• 'Tipboards This form will be ma0e available in aitematve format (I.e. large print Braille) upon request. The information requested on this form (and any attachments) well be used by the Gambling Control Board (Board) to determine your qualifications to be knvolved in lawful gamb5ng activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to curvy this information. the Board may not be able to determine your qualifications and, as a consequence, may . refuse to issue you a permit. If you Supply the information requested. the Board will be able to process your application. Your name and and your organization's name end address will be pubic information when received by the Board. A11 the other information that you provide win be private data about you until the Board issues your permit. When the Board issues your pertnt, an of the information that you have provided to the Board in the process of app)ng foryeur permit wi f become pubic. if the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains ',Mate. with the exception of your name and your organization's name and address which wtl remain public. Private data about you are available only to the following: Board members. staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Pubic Safety; the Minnesota Attorney General: the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor. national and krtemabonel gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal taw to have access to the information; Individuals and agencies for which law or legal order authorfzesa new use or sharing of information after this Notice was given; and anyone with your consent. I.J, at-9Vr\ lrr JJ Application for Exempt Permit • LG220 Organization Name Local Unit of Government Acknowledgment 01G 7 fJ UtJG7 r .VG, YJJ Paget oft 8/00 if the gambling premises is within city limits, the `city must sign this application. On behalf of the city, I acknowledge this applicatio Check the action that the city is taking on this application. iThe city approves the application with no waiting period. ❑The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class City). d The city denies the application_ Print npme of city C C1/717* -1 (Si.gnatu�e of city personnel receiving application) Tide - JILL pate/I-/ ,a if the gambling premises is located in a township. both the county and township must sign this application. On behalf of the county, 1 acknowledge this application. - Check the action that the county is taking on this application. nThe county approves the application with no waiting period. 0 The county approves the application with a 30 day wailing period, and allows the Board to issue a permit after 30 days. ❑ The county denies the application. Print name of county (Signature of county personnel receiving application) Title TOWNSHIP: On behalf of the township, t acknowledge that the organkallon is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application (Minn. Stat sec. 349.213, tubd. 2).) Print name of township (Signature of township official acknowledging application) Tittle Date / / Chief Executive Officers Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive offioar's signature Name (please print) Igen Y) i 5 D, c*sn r r Mall Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and e $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Date t0 / C0 if your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. Application for 1 to 4 Day Temporary On -Sale Liquor License Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St./Suite 100L St. Paul, MN 55101-2156 (612)296-6439 TDD (612)282-6555 Page 1 of 2 APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE (Organization or location limited to 3 permits in a 12 month period) TYPE ORPRINT INFORMATION NAME OF ORGANIZATION_DATE SOcA�t/t-2�T , Y/ C ORGANIZED /t73 TAX EXEMPT NUMBER w- 0.6,929,12 STREET ADDRESS„CITY SSC oi�C--70-•.y -G96/9-1 STATE. /71,-4 ZIP CODE .5.5123 NAME OF PERSON MAK NG APPLI ATION 77 Sy (_C-�}F BUSINESS PHONE: (Os() 4 Y..16 -- 2 e2 HOME PHONE (?-3 '? 7 7 9 Z DATES LIQ ;OR WILL 8E; SOLD (I to 4 days) NO V. ✓r\6e(L 1/ 2_0 O 0 TYPE OF 0 GANI1ATTON 0 CLUB CHARITABLE O RELIGIOUS t1 OTHER NONPRO) ORGANIZATION OFFICER'S NAME,./ - � SS A -Ccs' ADDRESS /6 6.3-0 F(c_Uc2E7-" tkti(CLe- , ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS on where license wilt t+c used. If an outdoor arra, dcsoribc 6 Yin,-Jaill f Will the applicant wntract for intoxicating liquor services? If so, give the name sod addte s of the Liquor license providing the service /v Will the applicant carry liquor liability insurance?,If so, the carrier's name and amount of coverage. (NOTE; Insurance is not mandatory) NO APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL CITY/COUNTY CITY FEE AMOUNT DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL DATE APPROVED LICENSE DATES APPROVED LIQUOR CONTROL. DIRECTOR NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the City or County at least 30 days before the event http://www.dps.state.mn.us/alcgamb/alcenf/forms/4daytemp.html PS -09079(8) 1/21/99