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12/04/2000 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 4, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE A. Girl Scout Troop #2178 II. ADOPT AGENDA & APPROVAL OF MINUTES III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. RECOGNITIONS & PRESENTATIONS 0 2. A. BILL WEITZEL- Minnesota Public Works Association Award V. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS VI. STORM UPDATE VII. CENTRAL PARK UPDATE VIII. CONSENT AGENDA 3 A. PERSONNEL ITEMS B. 2001 LICENSE RENEWALS be, C. ORDINANCE amendment, Chapter 4 of the Eagan City Code D. APPROVE lawful gambling exempt permit for Faithful Shepherd Catholic School to hold a raffles on January 27, 2001. P 11 E. APPROVE Gambling Control Board Premises Permit Renewal Application for the Eagan High School Football Booster Club P1 1. F. APPROVE local designation of DNR Public Water Wetland #19-0064 as 'Holz Lake' %� p 3 G. APPROVE Aquatic Plant Restoration Program Application / 1 H. EXTENSION for recording Minor Subdivision for Turnquist Addition - Brian Turnquist /�1I. PROJECT 804, Receive Petition/Authorize Feasibility Report (Clearview Addition - Storm Sewer) piv. RECEIVE Petition / Order Public Hearing - Easement Vacation (Outlots A, B, and C Cray 2nd Addition and Outlot G Lone Oak Addition) / o3 K. APPROVE Lease Agreement for Cell -Net, Communications Antennae (Sperry Reservoir) „�6L. APPROVE minor modification to the FY 2000 Community Development Block Grant (CDBG) r budget pffM. PROJECT 742, Approve Assessment Agreement (Wescott Woodlands -IX. 6:45 - PUBLIC HEARINGS p 30A. PROPOSED budget and property tax levy for 2001 (Truth -in -Taxation hearing) V/231 B. PROPOSED Cedarvale Special Services District budget and property tax levy for 2001 X. OLD BUSINESS X35 A. PRELIMINARY subdivision - Tri -Land Surveying Company, Inc; a Preliminary Subdivision (Kennerick Addition) of 8.61 acres to create 17 single family lots and one outlot, legally described as Lot 4 and part of Lots 5, 6, 7 and 8 of Zehnder Acres, located north of Lone Oak Road, west of Pilot Knob in the SE V4 of Section 4. XI. NEW BUSINESS REZONING, Preliminary Planned Development & Preliminary Subdivision - Wensmann Realty, Inc, a rezoning of approximately 14 acres from R-4 (Multiple) to PD (Planned Development) and a Preliminary Subdivision/Preliminary Planned Development (Crane Creek) to create 64 plID B. Pian: pr XI.�7LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE townhome units within 17 buildings, located south of Highway 55 and east of Rita Court in the NE V4 of Section 12. CONDITIONAL Use Permit - R.J. Ryan Construction, a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Eagandale Corporate Center 5th Addition, located on Aldrin Drive in the SW V4 of Section 11. FINANCING Discussion for Storm Water Improvements. DISCUSS Scope of Services for Engineering Storm Water Study 2nd Opinion. XII. ADMINISTRATIVE AGENDA XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. 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 OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 21, 2000 A regular meeting of the Eagan E€ Council was held on Tuesday, November 21, 2000 at 6:30 p.m. at the Eagan Municipal Cerm.r.3�� ::et,,,W�:s;ayor Awada and Councilmembers Masin, Blomquist and Carlson: Also sine. administrator Tom Hedges, Senior Planner Mike Ridley, Director of I blic Works •Tori" Colbert, and City Attorney Mike Dougherty. AGENDA - City Administrator Hedges stag; that a request from residents to continue item B under Old Business regarding a preliminar}: Oilbdivist for Tri -land Surveying Company had been made. Mayor Awada noted that the apant waot present. City Administrator Hedges std;;tlx t::tku� the December 4th meeting. • • • • • • • • ......... . :14e.Session would be postponed until Mayor Awada moved, Councilmember Masin, seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 MINUTES OF THE OCTOBER• 1.'Ij;•f GULAR MEETING Councilmember Masinsuggego Wending dge 4, paragraph 6 to read: Councilmember Masin noted that a member of the Me> i i::tgn c:Ancil had stated that the Council has no intention of taking away local authority. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the minutes of the October 17, 2000 Regular Council meeting as amended. Aye: 4 Nay: 0 MINUTES OF THE NOV)MBER 6, 2000 REGULAR MEETING Councilmember Masin poi out trage'' 5 paragraphs 9 and 13, the correct spelling for Elaine Aire, Interlacheittorive isk 'aine Eyre; and on page 6, paragraph 10, the correct spelling for. Neil Hoadly, •; Mea6lark Road, is Neil Hordley; and on page 7, paragraph 11, the motion regardine:WW $b $ .2' Addition development proposal in Inver Grove Heights be worded as follt*T " ''••• •••••••• . Councilmember Masin moved, Councilmember Blomquist seconded a motion to deny the Orchard Heights 2nd Addition developmenttrgposal in Inver Grove Heights. Aye: 4 Nay: 1 Mayor Awada Councilmember Masin suggested holding a Tat meeting between Eagan and Inver Grove Heights Councils. ..................::: Eagan City Council Meeting Minutes November 21, 2000 Page 2 Councilmember Carlson moved, Mayor Awada seconded a motion to approve the November 6, 2000 Regular Council meed, minutes as amended. Aye: 4 Nay: 0 VISIT,QRS •T!la. E• :A,. Margaret Schreiner provided an mate onthe'I✓agarioundation Unmet Needs Committee. RECOGNITIONS AND PRESENTATIONS City Administrator Hedges annwiced that Recording Secretary Mira McGarvey had been selected for the position of Executive $, etary it puty City Clerk and would begin on December 11, 2000. • COMMENTS BY CITY COUNT# :,;£ y:.,9►DDYUl1,1,IS.1'RATOR & DEPARTMENT Councilmember Carlson stated she had received calls regarding changes in the Betty Allen plat in Inver Grove Heights. City Attorney Dougherty stated that in accordance with the agreement between Eagan and Inver Grove Heights, Eagan.can request a review of the plat. The Council directed City Administrator Hedges to vier asking for the plat to be brought back to Eagan for review if changes have::*?0 S•` a gr.1 FE •• City Administrator Hedges stated that the de7iris'ir up is continuing, averaging 20 calls per week. The Council agreed to continue the pickup service until it is no longer needed. Assistant City Administrator Verbrugge explained that the City is being billed for the debris pickup service and if any resident is billed, they should submit the bill to the City for payment. Mayor Awada moved, Counci140w4emOded a motion to continue the storm debris pickup indefinitely. Aye: 4 '• City Administrator Hedges dg ssed tliAWcent meeting held to review the engineerif g analysis of the July storm. He states 4t"fti #: :•i..;:8 ►i bborhood meetings held on Monday nights which began on November 20'of'L'''f1''st•;1x:Eiurch. Public Works Colbert addressed the status of hiring an engineering firm to provide a second opinion on the engineering analysis. He stated that a scope of services to be sent out to prospective firms is being prepared. Councilmember Masin moven; �Councilmembei {omquist seconded a motion for staff to prepare monthly reports for each d#tment of calls recQ .yed regarding problems and how each situation was dealt with. Aye: 4 1,;.:.0.•.... Eagan City Council Meeting Minutes November 21, 2000 Page 3 • COMMUNITY CEIWR / CENTRAL PARK UPDATE City Administrator Hedges stated,. g fq o grouts for the Community Center have been meeting individually and all met•togeth4** t they are very excited about the number of volunteers and the efforts mad�by thecoiriiiiUnity:"die also stated that a draft should be completed next month for the landscg and Central Parkway alignment. .He discussed the possibility of the City Council meeting wfth the focus groups for input. Mayor Awada moved, Councilmember Masin seconded a motion to set a meeting date for December 4, 2000 at 5:00 p.m. to meet.»ith the Community Center focus groups. Aye: 4 Nay: 0 • .•.•. }:• ifififif C1SENai;ENDA A. Personnel Items ................ Item 1. It was recommended to approve the hiring of Don Hadd as a temporary building inspector. Item 2. It was recommended to approve the hi:iiRobert Rollins as a police officer contingent upon successful completion..c ; ; s 4• psychological, physical, physical agility and drug testing. • Item 3. It was recommended to accept t}i&'3 i f iitt:T ,ignation from Amanda Boudreau, part- time clerical Technician III in the.Community Develispi •ef €Department. B. 2001 License Renewals for tobacco, trash haulers, stable, tree contractors and fertilizer. It was recommended to approve the license renewals for the year 2001 for tobacco, trash haulers, stable, tree contractor and commercial fertilizer. C. Confirmation of Findings of i iiiii °" ief: Resolution of Denial — Woodhaven Villas. •It was recommended to cdMi*m the taidings of Fact, Conclusions and Resolution of Denial of the Preliminary Planned l ! ,licelopmvOnd Preliminary Subdivision request of Manley Brothers construction to allow 6 si a:.# 1 .ktidc,A;f al lots upon approximately 1.1 acres of land located south of Diffley Roadsf < 4405,06An the northeast 1/a of Section 25. D. Renewals of existing liquor licenses for 2001. It was recommended to approve the renewals of existing liquor licenses for 2001, subject to review of applications, payment of fees and Police Department reviews. �:'{{..,.;.• E. Sale of surplus City property, P.i Cel 10-03600-0•A8. It was recommended to approve a purchase agreement for the sale of: cel 10-03600-025A8 and authorize the Mayor and Deputy City Clerk to execute all related doR?# figii: .tfi- Eagan City Council Meeting Minutes November 21, 2000 Page 4 F. Assignment of Acquisition agreement — Wispark Corporation. It was recommended to consent to the Assignment of the Acqu i ion Agreement from Wispark to Grand Oak Master, LLC: .... ti.•:••••••••••:.:.:: BUSINESS SIDiGUIDE ,'ONES City Administrator Hedges introduced this item regarding the recent changes to the Business Subsidy Act and possible conforming modifications to the existing City of Eagan Business Subsidy Policy. Mayor Awada opened the publi#earing.,:;fhere being no public comment, she closed the public hearing and turned discussion bai to theiphncil. Councilmember Carlson move •A.kv,a.sponded a motion to approve the revisions to the Business Subsidy Polidji: i ;i i;4 2000. Aye: 4 Nay: 0 VARIANCE (OFF-STREET PARKING SUPPLY) — EHEROKEE SIRLOIN ROOM City Administrator Hedges introduced this item regarding the request for a 48 stall variance from the off-street parking supply requirsmOgioestaurant located at 4625 Nicols Road in the NW '/a of Section 31. Seni g.R.j n*' provided a staff report. • Councilmember•Carlson asked w g5C b> ,iiapppsied to the volleyball courts that had been •located on the site. Senior Planner Ridley sfftei ro..cpurts had been removed, as they had been installed without City approval. Rick Casper, applicant, apologized for the lack of a building permit for the recently constructed two-story seasonal patio. He stated he had assumed the builder of the patio had applied for the permit. He went on to explain that Casper's has an agreement with the neighboring Hardee's regarding parkin ;:liWedr;a cross easement on the property. douncilmember Blomquist astteii if the isms easement document is recorded with the City. Mr. Casper stated there is no rded dgient. Councilmember Carlson statatitteilitattialmiiiigow time for the applicant to provide documents regarding easements on the Hardee's site and also the adjacent office building parking lot. Councilmember Blomquist asks problems. Staff indicated there had l }: o indi tit • on -street parking problems. lct parking and if there a record of • r•� Eagan City Council Meeting Minutes November 21, 2000 Page 5 Councilmember Blomquist moved, Councilmember Carlson seconded a motion to continue the public hearing regarding a :dance request for Casper's Cherokee Sirloin Room untiror before the'first Council meeting: :Apri12001. Aye: 3 Nay: 1 Councilmember Masin opposed, stating she felt the matter could ;1 apPFoved.as.resented. • PROJ1 ''/79,1'1(ii3'TttAD (DIFFLEY TO WESTCO')i— STREETS, UTILITIES AND TRAILS City Administrator Hedges introduced this item regarding Project 779, Dodd Road (Diffley to Wescott — Streets, Utilities and Trails). Mark Hanson, Bonestroo, Rosene, Anderlik and Associates, gave a presentation ones improvement project. Mayor Awada opened the ptj c hear. Councilmember Carlson distributed and discussed a list of revised options for tfiiodd 1 iti project. • Don Kline, 4070 Dodd Road, $f t fs pi1�E Q#i es down to whether the Council is considering an urban or rural standard road. He recommended that the road be kept rural from a historical perspective. He also expressed concern over future drainage problems and expressed his concern that City staff had even pursued the urban study for the area. Mayor Awada stated that the City Counc9,•1}a urban upgrade and that any anger should•J;> a Darius Wilson, 4175 Dodd Road..,ssed ccern over potential drainage problems. Mike Morrison, 725 Bradford Circle, staiea'#i Ales not want to see a division of the community over the issue. He expressed concern regal ing drainage pond JP -22 and safety issues. ted staff to conduct a study for an ity Council not City staff. Liz Bordsen, 743 Bradford Place, also expressed concern over drainage pond JP -22. Mr. Hanson explained the plan for the draifla;id. Glenn Bordsen, 743 Bradfori i'1ace, s tl he feels an agreement can be reached so the beauty of Dodd Road can be preservpi Mary Swenson, 3838 Thambs4i ie,'• concern over the impact on drainage pond JP 23. She stated that the pond is owned by the property owners adjacent to the pond. Sharon Dwyer stated she feels there are sufficient options to choose from and expressed concern over the speed limit on Dodd.; t.::..1 f t''*s ..ted she would like to see the speed limit reduced. Public Works Director Cp3 4. '41 1;# Department of Transportation sets the speed limits. Eagan City Council Meeting Minutes November 21, 2000 Page 6 Sannee Kline, 4070 Dodd Road, stated she is very proud to be a part of the group opposing the upgrading of Dodd Road.:::,5 a referenced a mission statement that is displayed in the Engineering Department, reminding ktf of their commitment to the community. Dave Anderson stated he does nAf S'A i * rban upgrade -demand for the road and the money could be better spent b limg ffakViditits:'• He also expressed concern over environmental issues. • Councilmember Blomquist stated she feels the report was overdone. She -further stated she feels that safety is an issue and that the historic road should be maintained. She stated she did not see an indication in the report the number of trees that would be taken out as a result of the project. Mayor Awada asked the audieikg to inds a what options listed in the report (as well as the list from Councilmember Carlson) iWiAi tpprt. Alane Roundtree, 640 Brockton Curve discussed `the history of Dodd Road and the importance of maintaining the integrity of the historical road: Sally Bermaster, 721 Bradford Circle, stated she felt a trail must be installed in the area. ;f: Ite 'fs •Option E. He further stated he feels r of Option E. He further stated he Ross Johnson, 605 Thames Circle,,. that a trail in the area is very importaiG Patrick •Lader, 4162 Jacob Court,"siatei#j feels historical preservation is important. Paul Martin, 700 Granite Drive, stated he felt there had been a lack of information provided. He expressed concern over the amount of money spent on the study of the area. He stated he feels the road should be left as is. Jack Conrad, Dodd Road, stabi#•tiepra qui Option B or Option E. Duane Norton, 4082 Foxmo* ourt, st001 he prefers Option B. He further stated there is not a mandate to do anything. ::::•:;:•:• • ..... •:•: Bob Kiner, Bradford Circle, stated he wanted to see a trail installed in the area. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. �:�`�• Councilmember Carlson stafbiae feels thatCiiittins B and E would work but a trail system needs to be addressed. :• Councilmember Blomquist WagwoRgigthe historic trees saved. Eagan City Council Meeting Minutes November 21, 2000 Page 7 Councilmejnber Masin stated tha #jformation on this project has been confusing from the start and she would not have voted iri i or of the study had she known a study had been done in 1999.0911:11:11123 Councilmember Masin moved, Gaancilmemberblomquist seconded a motion to leave Dodd Road in its current time frame amMild only a trail that will meet the needs of the residents, and that a different engineering firm be used. Aye: 3 Nay: 1 Mayor Awada opposed the motion stating she was in favor of having a shoulder on the road. •:•::; Councilmember Carlson stated also Ws to see if the proposed option will impact the trees. ... PROJECT 750It':�#'ER ROAD City Administrator Hedges introduced this item regarding access modifications and street improvements for Blue Water Road. Matthew Hansen, SRF, reviewed the revised project. Mayor Awada opened the public hearing, Gary Santoorjian, representi#tWiperty oiGied by Dart Transit, identified in the Feasibility Study as properties A, D vitzfigivApsrife is opposed to the project because the property he manages will not benefit from the' pi'iiZ7: nges. He further stated he is opposed to the amount of assessments that would be placed liti4roperty. He went on to state that a formal appraisal which had previously been ordered by Council, regarding the benefits to the properties had not be completed. He recommended that the matter be continued until the appraisal is completed. Mayor Awada agreed that an hgilt};;*ne before approval for the project is given. 'iL::�: .... AS :•. Councilmember Blomquist i#d, Cotlmember Masin seconded a motion to continue the public hearing regarding Project1 •cte•fj.}_::;� : 4 Nay: 0 SIGN POLICY DISCUSSION City Administrator Hedges introduced provided background on this item regarding the sign policy including election• Mayor Awada opened the pubifehearing. {:• Cyndee Fields, Weston Hill''TsigpOlimiting election signs and possibly designating areas where signs can bdfp�::........... Eagan City Council Meeting Minutes November 21, 2000 Page 8 Councilmepnber Carlson noted t1i its discussion does not impact private property. • Bob Odegard stated he had placef; c 0:.. gi.n.biA, fence and received a letter stating he was not in compliance with the sign dit4i0iogiiC B}2:•AO that the sign ordinance be revised to omit the restriction of electiom_gns being posted on private fences. • f.: i• Mike Densen stated he supports limits on signage in public places and there should also be a maximum square footage regulation. There being no further public cgnent, Mayor Awada closed the public hearing and turned discussion back to the Council.:: Councilmember Carlson statedi's#iir feels to needs to be more control on election signs due to safety, cost and environmental Senior Planner Ridley stated that staff responds to sign issues on a complaint basis and 120 calls had been received during the recent election.. He expressed concern over the amount of time City staff had to spend on this issue. He further stated that Eagan is the only City in the area that allows election signs to be placed in public right-of-way,§. City Administrator Hedges stge4.tt gtii*o'monitor all the property in the City and be consistent. He explained the survetiaeiiducted witbther area cities. Councilmember Blomquist stated • sill kation of election signs should go back to the old fashioned way which required permission fiiiiiiigidents to place signs on their property. She further stated signs should not be allowed in the public parks and right-of-ways. She went on to state that only one sign per candidate per lot should be allowed. Councilmember Masin discussed tbe.possibility of designating certain areas where signs could be placed. Councilmember Masin move t 'Councilliidfnber Carlson seconded a motion to direct the City Attorney to prepare a City Cod�1• iendmgi,#estricting the placement of election signs on public property except for designate ;: c#; iipgthe number of signage to one per candidate per location. Aye: 4 Nay:"l'" • • • • • • . OLD BUSINESS UPDATE ON INTERIM U$;#'•sQt SMC COMPOST SERVICES City Administrator Hedges iiriduced this iteniaarding information of SMC's intention to relocate a portion of itsi npost facility white is located north of Yankee Doodle Road. Senior Planner Ridley gave Eagan City Council Meeting Minutes November 21, 2000 Page 9 Councilmembers briefly discussed the issue and agreed with staff recommendations. REVIEW PROPOSED 200tENERAL FUND AND ENTERPRISE FUND • c I.•H9;•t,:T W. S • City Administrator Hedges revieatd the 2001 General Fund budget revision and the 2001 budgets for the Public Utilities and Aqu','•i Facilities Enterprise Funds. He thanked Tom Pepper for his assistance during the past months. NEW BUSINESS ORDINANCE AMENDMENT TO#3APTE1, SECTION 11.20, SUBD. 4 ENTITLED "LAND USE REGULATIONS (ZQNING"�DDRESSING HOME OCCUPATION GULA IONS. S•. City Administrator Hedges Planner Ridley gave a staff report. Councilmember Masin asked about signage regulations. Mr. Ridley stated that violations are handled on a complaint basis. Councilmember Masin slated she felt signage should be limited to mailboxes. City Attorney Dougherty stateitilff.i.ignage c i#not be placed on mailboxes located in the public right-of-way if the previously diveiiii0ipifstki.ifsignage regulation stands. Mayor Awada moved, Councilmember Carlsotfsided a motion to approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code addressing home occupation requirements and direct the City Attorney to prepare an amendment suitable for publication. Aye: 4 Nay: 0 CITY CODE AMEND. 1 . RANA.A REQUIREMENTS) • City Administrator Hedges introduced t#Yitem. Senior Planner Ridley gave a staff report. •Councilmember Blomquist expressed'otiil&eifgfifThe amendment does not include City owned buildings. Senior Planner Ridley stated that the omission of property zoned Public Facility was an oversight. Mayor Awada moved, Counci2>ist seconded a motion to approve an Amendment to Chapter 11 (Zoning ASitations) ei ity Code establishing minimum green area requirements in commercial ana'iiidustrial zoning stricts and direct the City Attorney to prepare an amendment suitable fora•'••••, lication. Aye: 4. Tay: 0 Eagan City Council Meeting Minutes November 21, 2000 Page 10 Councilmember Blomquist moved, Councilmember Carlson seconded a motion to direct the City Attorney to set a public hearing *prepare prepare language to include public buildings in the areas establishing minimum green area rrgiirements in commercial and industrial zoning districts. Aye: 4 Nay: 0• ORDINANCE AMENDMENT TO CkPTER 11, SECTION 11.10, SUBD. 13 ENTITLED "LAND USE REGULATIONS (ZijING)" AMENDING OFF-STREET PARKING • SUPPLY REQUIREMENTS FOR RETAIL COMMERCIAL USES City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. •:• A brief discussion was held. Councilmember Carlson moved;. 3C " ;s oOed a motion to approve an Amendment to Chapter 11 (Zoning Re'gill ttii :c .titiiitilMode amending off-street parking supply requirements for retail commercial uses and direct the City Attorney to prepare an amendment suitable for publication. Aye: 4 Nay: 0 . ORDINANCE AMENDMENT TO CHAPTER 11, SECS;.{ON 11.10, SUBD. 13 ENTITLED "LAND USE REGULATIONS (zomgMitSTABLISH MINIMUM DIMENSIONAL RE UIRE Q WOlgWSTREET PARKING STALLS City Administrator Hedges intro s•itenSenior Planner Ridley gave a staff report. A brief discussion was held. Mayor Awada moved, Councilmember Carlson seconded a motion to approve an Amendment to Chapter 11 (Zoning Regulatjpns) of the City Code amending off-street parking supply requirements for retail comme#nA:#ie City Attorney to prepare an amendment suitable for publication..jii: 4 l.jc#)•�''�'� • liI RA'• AD ST VE AGENDA City Administrator Hedges ctinaiatifIiiiMiliffamillennium celebration and asked for approval for a neighborhood lighting contest. He also discussed plans for a time capsule. Mayor Awada moved, Councilmem,l t. 4,asin seconded a motion to approve the neighborhood lighting contest. Aye: 4f:r�1r7:: City Administrator Hedges ilsu'requested that 2iecial Council meeting date be set to meet with newly elected Councilmq t$ers to review pro cdures. Eagan City Council Meeting Minutes November 21, 2000 Page 11 Councilmember Carlson moved, Mayor Awada seconded a motion to set a special City Council meeting fix December 12, 200010:00 p.m. Aye: 4 Nay: 0 APNWRIAFX*.y.,„ • The meeting adjourned at 11:35 wp. Date fig :::•:•:. City Clerk KiEiiE i:iiiiii • If you need these minutes in an altertive foruch as large print, Braille, please contact the City of Eagan, 38Wiikivirmi?j045..guan, MN 55122, (TDD phone: (651) 454-8535). MBM audio tape, etc., (651) 681-4600, The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. • •••••••••:•::: . ....... A Special City Council meeting vigadii on Thursday, November 9, 2000 at 6:30 p.m. at Blackhawk Middle School. Those presei>lga:3tgJ City Councihnembers Bakken, Blomquist, Carlson and Masin. Also present were •'Ai iiiiiif for Hedges, Director of Public Works Colbert, City Engineer Matthys and CommunicatioiMoordinstaFoote, CALL TOA} OMVF;II 'IEETING Mayor Awada called the meeting to order at 6:30 iiii.• CANVASS BALLOTS FOR NOVEMBER 7 MUNICIPAL ELECTION City Administrator Hedges prerd the results of the November 7, 2000 Municipal Election, indicating that Ms. Cyndee Fields and 11i4: i¢::Tilley received the highest number of votes and would become members of the Eagan City Council''iri j. i:: mip.ilmember Carlson moved, Councilmember Bakken seconded a motion to approve the rests as�itestl� • Aye: 5 Nay: 0. • • ENGINEERINAMgirOiiiitSENTATION Mayor Awada stated that in ora'er:tio accommodate the high volume of questions and concems about the information being provided, especially for neighborhoods where the individual neighborhood meeting might not be until January or February 2001, the City Council should hold a series of one-hour meetings to briefly review the informatibn as soon as possible. Councilmember Bakken moved, Councilmember Carlson seconded a m9tion to conduct Special City Council meetings on November 17 and 18, 2000 for the purpose of holdiilkitiOlikgfifs4W4tssions with each neighborhood included in the engineering analysis. Aye: 5 Nay: �l:' ::•:.:::;.;.;:: • City Administrator Hedges introduced thkff and giultants present at the meeting, made comments about the storm and outlined the expecns for jiimeeting. Director of Public Works Colbert addressed the history of the stone event, the hydrolog£gprobabilities of recurrence and the City's design standards. He then acknowledged Mr. Mark Hanson and Mr. Rick Brasch of Bonestroo, Rosene, Anderlik and Associates, who presented detailed information on each of the ten neighborhood areas included in the study. Following a two-hour presentation, several questioiS gere raised by citizens in the audience and responded to by the consultants and City of Eagan staff. 11tii4detailed responses will be presented in the subsequent neighborhood meetings blc':A0 8l.>8;: At the conclusion of the presentation and discussion,. Mayor Awada thanked the staff, consultants and residents for their participation in the meeting and stattgiat the Council would look forward to the scheduled neighborhood meetings. • MUNICIPAL ELECTION RESULTS DISCUSSION Minutes of the Special Meeting of the Eagan City C q } ; ;,:::::::: : ::::. November 9, 2000 f. Page 2 ..... .... Councilmember Masin asked that f ,write-in votes recefffil in the municipal election be included in the bid summary tabulation. Ci j: jdministrator H9340 stated that the list of write-in votes will be added to the summary. ADJOi7I21NT The meeting adjourned at 10:00 p.m. • • Special City Council Minutes October 30, 2000 Page 1 of 6 s•. 1t1UTES OF TH. SPECIAL MEETING E3 HE EA 'CITY COUNCIL EAd • T'A OCTOBER 30, 2000 A special meeting of the E a,R. i Council was held on Monday, October 30, 2000, at 5:00 p.m. at Christ Luthefi# •::1:Q:3sly Road. Present were Councilmembers Blomquist, Carlson, Bakker *nd Mas ff: Also present were City Administrator Hedges, Police Chief Therke ii, Fire CCiiif Jensen, Director of Public Works Colbert, Captain Swanson, EmervOipperatiN Coordination Southorn, Chief Building Official Reid, Superinten d :Sire* atsd iipment Erhart, Superintendent of Utilities Schwan, Fire Battalio$tiief Dlloik:Viiellattalion Chief Adam, Communications Coordinator Foote and Administrative Specialist Hertel. INTRODUCTORY COMMENTS Acting Mayor Carlson dAiiMiggpeeting a special meeting of the Eagan City Council. City Administrator Hedges gaud tsilictes:w of the purpose and format of the meeting. He then introduced the staffk:attenifiiiii.k6nswer questiohs. COMMENTS BY THE CIT) f tiaVTS ABOUT THE EMERGENCY ��SPONSE 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 facilita questiO from the community members present. Many residents asked questions, iiiih orall5i*d in the form of written questions submitted to the facilitator. The written list of ques1i6iis 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? Police Chief Therkelsen respo;�€;�;; Qtt;;ating that in future emergencies, stronger efforts would be madtggiiiiiggSiiiiiiiiad control "gawker" traffic through neighborhoods. He further stated that the Police d rtrrtment is working on a 911 -upgrade that will allow up to five incoming lines to receive ilifiergency phone calls, compared to the three incoming lines available during the storms Councilmember Carlson asked about Reverse 911. Police Chief Therkelsen stated that the name was a product name, but that the concept of delivering outgoing emergency messages to Eagan from the Police station is one that the City is reviewing. 2. When is the work on Difiley beiiiiiikn Blueberry aq4 killtop going to be finished, including the clean-up? Director of Public Works Colbert respotafhaf the work was part of a County project expected to finish within two weeks. 3. What could be done to eliminate: ER943 , nci f Qgding at Peridot Path and Gabbo Trail? �:..... This question was deferred to the Novembq, 2000 meeting. 4. Is there a schedule for cleanintmlitatitils' ;.110-m sewer system? Director of Public Works Colbert stated that the Public Works Department investigates all calls about blockage. He stated that the storm sewer system is self-cleaning, and one major drainage district per year is reviewed, meaning the entire City is reviewed over the course .of six years. • Comment submitted orally: Mr. Dan Lail t T&Rd concern about the repeated flooding, and stated that the City had fkl the resat dAwn. He asked what the City would do to fix the storm sewer. Dirt mF ;o£?fift`.iirks Colbert stated that the City and Council would review optious;:a t#etese of the engineering analysis. Comment submitted orally: Councilmember Blomquist stated that many residents had experienced flu-like symptoms. She introduced Colleen Hippler and lamented the lack of responsiveness by the City to their calls on the night of the storm. She stated that some neighborhoods called private caps4 topump water because the City would not help. She also expressed conc ;Rti t ': 4.01 4mmenting that the debris she placed near the street still remained priva :rt prtyd that the City had not prevented or responded to the looting problem. Ms. Hippler spoke and stated that the CitjY'fiad turn ; ff the pumps in the Oak Chase pond to save homes at the expense of her home. Sie'expressed further dissatisfaction that the City did not come sandbag her home during the crisis. She stated that the pumps were turned off for more than three weeks. Director of Public Works Colbert responded by stating that the Oak Chase lift station pumps weje,xurned off for one day to prevent water from penetrating the control panels and crea'> an electrical hazard trying to protect the pumps. Councilmember Blomquist stat&fthat the water took too long to f.. subside. Director of Public W�•'' ' #'�•�g B*toti V:v i the inability of the City to prevent flash flooding and that the stormWerysteiiifikes' tune to distribute and flush water through the system. 5. Why is there a huge engineering study going on now to see how the system met standards? Why isn't the system reviewed continuously as development occurs? Are the standards being used currently still applicable? What FEMA funds are available to the • City for system improvements? Special City Council Minutes October 30, 2000 Page 3 of 6 Director of Public Works Colbert st* . . at the en fs *ring analysis was focusing on the most impacted areas of the City. He fi iii# ii# t the City's comprehensive storm sewer plan is updated every 7-8 years and tliat a' Ifrdevelopments must meet the City's standard of preparedness for 100 -year storm events. He also stated that the City has submitted an application for the repair of the storm sewer system to the Federal Emergency Management Agency Q;::: ••, Comment submitted orally: Mr. Mark Faggiffiom sta tthat in his home on Beaver Dam, anytime it rains, he has 2-6 feet of w#tti in his basement. He further stated that nothing had been done to correct Almp.r.9b#04ti:;whicliii4 been ongoing for sixteen years. Comment submitted orally: A resident asked D'ii•gar of Public Works Colbert why he did not make house visits to impacted homes in Eagan. Director of Public Works Colbert reviewed the extent of the damage and stated that he was meeting with people as they called and requested meetings, but was uncertain of the need or his ability to meet with the 1800 affected properties. H*;ber emphasized his willingness to meet with anyone who contacted his office. The riiiWit i..questioned where the Eagan Foundation funds were and why they had not beeii 'dis irli ' • embers of the community yet. She further criticized the City for engaginge services o. ►onestroo, Rosene, Anderlik and Associates to do the engineering anali hjp.ae I Q :prior contributions to the City's storm water system. Director of ? i'ii M1 tk 'tofbert stated that BRAA had agreed to have their work independently t that the City had engaged their services as one of the top firms in the upper Midwest and as a firm that already has extensive data on the City's system. He explained that this would expedite the release of the initial report, but that further reports could be authorized by the City Council. Comment submitted orally: A'` t-unoffwater from Rosemount and Apple Valley and called on the City to•be,Wii'a'i iofe comprehensive plan to manage storm water. Director of Public Works G•ty� }ert stat that the watershed areas are unique in the Eagan/Apple Valley/Rosemount arOecause ;i ie watershed lines approximately follow the corporate boundaries of the cit?. He 41#1 that the City of Eagan does have an agreement with Dakota County about storm water management, but that a dyke had been breached in the course of the storm. Comment submitted orally: Mr: Bruce Maus stated,tbat it is unrealistic to build a system to accommodate the kind of storm Eagan experie, but that the bigger problem is the flooding between major storm a glsoJ thappens'. Magan's homes. He encouraged the City Council to go back and rt*..; LtiNtift. ,C*r under.design of the system. Comment submitted orally: Ms. Kim Kinnegan si$fe1 that 10% of the FEMA funds were supposed to look at upgrade and prevention for fike storms. She inquired if the City would use the funds according to their designated purpose. Comment submitted orally: Ms. Meg Tilley of the Eagan Foundation spoke and commented on the funds collected through the Eagan Foundation. She stated that the Special City Council Minutes October 30, 2000 Page 4 of 6 group was still in the process of ideptsying needs and •ben those needs had been fully assessed, the Foundation would s. She stated that she expected the funds to be disbursed within one ti •'••1 . Comment submitted orally: Mr. Jim Mattson of Easter Lutheran Christian Reform Church reviewed the efforts of the IDRD, commenting on the recent effort to go door-to- door in Eagan interviewing impacte4..re4gts : Ms;. Tilley further commented that when those results come back, the funds:• i � iki'&f to : Atie stated that the Eagan Foundation would continue to prepare pres4s:leases isirovide updates at City Council meetings. 6. Why wasn't the database hous fa'i •. •s',fised as a communication supplement to the Eagan paper? §pecffically, a li'nforming November garbage extension and meeting notices (tonight and November 9) would have ensured affected people were notified. City Administrator Hedges respoOed to the question. He stated that the database list was incomplete, but that every opiiiiit tty was taken to improve the list which originated with the 1400 calls logged at City Hall iiiiO4 ..continued with lists from the July 17, 2000 meeting, lists from Blue CrossIJe Shield, thie lift, from the SBA and lists from submitted petitions. 7. Would you consider extendi ; it 15f ce hours during emergencies? Flood victims were also required to work office hours and accommodate the city's requirements regarding building permit applications, etc. 8. Information regarding debris,pickup.wasinaccurate six of the seven calls I logged (from 4 days to 4 weeks followi tk u) • . • 9. Will the new changes to Highway 13 iii#act the Went storm sewer system? Director of Public Works Colbert respond and stud that the highway would have its own system and would not burden the current systet'i5f concern. 10. How.will citizens be kept informed of progress or lack of progress? City Administrator Hedges reviewed the places res i its could find/obtain storm -related information. griliniastions To be reviewed for the November 9 meeting apsl ;gubsequent neighborhood meetings 1. Why was the natural water flow blocked 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? Special City Council Minutes October 30, 2000 Page 5 of 6 2. Residents of Vildmark Court halgiked with inad a storm sewers for over 25 years—what will be done about• • p;:its t on from the City? 3. You mentioned that your backup support(other cities like Rosemount and Apple Valley) were unavailable. Don't you think there should be a second back-up group of cities or even a 314? 4. List the areas included in the stu Y T&titgWick4Vinovember 9. 5. Did the storm sewers perform up to de, standar A 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? 8. Once the engineering study is ate, how will the City prioritize the work/drainage changes to be done in the various 'ries? Will areas that have been flooded • before take first priority? . 9. Let's assume that in some neighbpT t .. tiiirm'sewer and drainage plans that the City approved are deemed inadeiii.. *** 'City prepared to rectify these specific problems? How do you foreseeklie costs being covered? Who will be in charge of prioritizing these projects? 10. Pending the results of the engineering analysis, what will be the criteria used to improve the storm drainage for:2•. 11. Did you divert water to either protecr:tbe infras p cture or to protect certain areas of Eagan? 12. How can the engineering firm of Bonesiroo, R be, Anderlik and Associates objectively audit its previous engineering decisions and what are the chances they will find themselves at fault, therefore becoming responsible for some or all of the damage? 13. Why are you hiring the same engineers to invate their own work? • : 14. How much money did theA .Ft ,B,a' ,•,.$.a .&4 u FEMA to help with the debris removal and how much did th}r . 15. How do you know. that all affected areas are Ng studied by your independent consultants? 16. A few weeks ago as a City Council meeting you played a video about "The Quality • of Life" and how government plays an important role in the citizens' quality of life. I Special City Council Minutes October 30, 2000 Page 6 of 6 believe that this was probably shovAilij: an explanatiowto why we are building so many parks, etc. Why don't we giviiikfoyparkWchay for the damages to our homes instead. Without a home, theraiggWyOrife. 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 Zai.S public meeting due to incomplete iet. ...*94,449zWing. ADJO * MEN The meeting concluded anclAcljp.. • .:At 9:1 *0. . 1111;g:Iiiii"2:2111111 city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 1, 2000 SUBJECT: AGENDA INFORMATION FOR DECEMBER 4, 2000 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the December 4, 2000 City Council agenda, the minutes of the November 21, 2000 regular City Council meeting and the minutes of the November 9, 2000 and the October 30, 2000 special City Council meetings, the following items are in order for consideration. Agenda Information Memo December 4, 2000 Eagan City Council Meeting RECOGNITIONS & AWARDS A. BILL WEITZEL — MN PUBLIC WORKS ASSN AWARD ACTION TO BE CONSIDERED: Recognize and congratulate Bill Weitzel, Street Maintenance Employee for receiving a 151 place award as the top rated snow plow operator in the State. FACTS: • The Minnesota Department of Transportation (MnDOT), Local Road Research Board (LRRB), Minnesota Street Superintendents' Association (MSSA), Minnesota Public Works Association (MPWA) and the University of Minnesota (U of M) coordinate to annually hold a Public Works Fall Expo Snow "Roadeo" competition to determine the best Snow Plow Operator in the State. • This Fall, the competition was held in St. Cloud and is the largest in the upper Midwest. 276 employees representing State, County and City agencies competed for this prestigious award. • Bill Weitzel, representing the City of Eagan, took 1st place in this competition bringing recognition, honor and pride to our community. Bill officially received his award at the MPWA Fall Conference on November 16. a Agenda Information Memo December 4, 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/Civic Arena/Cascade Bay Maintenance Worker -- ACTION TO BE CONSIDERED: To accept the resignation of Nick Burt, Civic Arena/Cascade Bay Maintenance Worker. Item 2. Civic Arena/Cascade Bay Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Randy Ragner as a Civic Arena/Cascade Bay Maintenance Worker. Item 3. Administrative Secretary/Deputy City Clerk -- ACTION TO BE CONSIDERED: To approve the hiring of Mira McGarvey as the Administrative Secretary/Deputy City Clerk. Item 4. Seasonal Recreation Leader -- ACTION TO BE CONSIDERED: To approve the hiring of Jill Patzner as a seasonal recreation leader. Item 5. Seasonal Skating Instructor/Civic Arena -- ACTION TO BE CONSIDERED: To approve the hiring of Holly Whittef as a seasonal skating instructor at the civic arena. 3 Agenda Information Memo December 4, 2000 Eagan City Council Meeting Item 6. Addition to City of Eagan's Personnel Policy -- ACTION TO BE CONSIDERED: To approve the addition of the following language to the City of Eagan's Personnel Policy: "14.13 Use of sick leave for payment of employee's medical and dental expenses not covered by the City's health insurance coverage. Employees who have been with the City of Eagan at least five years and who have accrued and maintained a balance of over 160 hours of sick leave time will be allowed to trade accumulated sick leave for cash reimbursement for medical and dental expenses not covered by the City's health insurance policies. Accumulated sick leave used for this purpose will be reimbursed in cash at half the employee's current rate of pay. Reimbursements will be taxable income to the employee. To receive the cash reimbursement, the employee will fill out a voucher form and submit proof of the expense to the Director of Human Resources." FACTS: • For employees at the City of Eagan who have been employed over five years, severance pay equals half the amount of accumulated sick leave. • Employees are also allowed to cash in sick leave if they have been employed over five years and have accrued and maintained a balance of over 160 hours of sick leave time for wellness activities, for payment of the employee's share of health insurance premiums, and to purchase deferred compensation. • Staff recommends that the cashing in of sick leave also be allowed for medical and dental expenses that are not covered by the City's health insurance policies, such as corrective eye surgery and orthodontic uses. 9 Agenda Information Memo December 4, 2000 Eagan City Council Meeting B. 2001 LICENSE RENEWALS ACTION TO BE CONSIDERED: To approve the license renewals for the year 2001 for tobacco, trash hauler and pet shop 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 is on page . Tobacco Warehouse 2149 Cliff Road Eagan, MN Tennis Sanitation 421 9t Avenue St. Paul Park, MN 2001 TOBACCO LICENSE RENEWALS Great Northern Spirits 1960 Cliff Lake Road Eagan, MN 2001 TRASH HAULER LICENSE RENEWALS — RESIDENTIAL New Earth Services P.O. Box 21553 Eagan, MN Dick's Sanitation P.O. Box 769 Lakeville, MN Waste Management 12448 Pennsylvania Avenue Savage, MN 2001 TRASH HAULER LICENSE RENEWALS — CONSTRUCTION/DEMO Dick's Sanitation P.O. Box 769 Lakeville, MN Waste Management 12448 Pennsylvania Avenue Savage, MN Dick's Sanitation P.O. Box 769 Lakeville, MN Tennis Roll Off 421 9`s Avenue St. Paul Park, MN 2001 TRASH HAULER LICENSE RENEWALS — COMMERICAL Waste Management 12448 Pennsylvania Avenue Savage, MN Wal-Mart 1360 Town Centre Drive Eagan, MN New Earth Services P.O. Box 21553 Eagan, MN 2000 PET SHOP LICENSE RENEWALS Agenda Information Memo December 4, 2000 Eagan City Council Meeting C. ORDINANCE AMENDMENT, CHAPTER 4 OF THE EAGAN CITY CODE ACTION TO BE CONSIDERED: To direct staff to initiate an ordinance amendment to Chapter 4, Section 4.03, allowing unlicensed potential owners of new structures to install electrical wiring as a result of electrical inspections services being shifted from the City's Protective Inspections Division to the State. FACTS: • At its January 3, 1989 meeting, the Eagan City Council amended Ordinance No 75, Section 4.03, Subd. 2, to include language requiring that permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the state, etc. At that time, the City's Protective Inspections Division provided electrical inspection service for the City. • On September 29, 1997, the City of Eagan and Mark Anderson, an electrical inspector for the State Board of Electricity, entered into an Independent Contractor Agreement whereby Mark Anderson and the State Board of Electricity would provide electrical inspection services related to electrical work within the City of Eagan according to applicable state, federal and Trade Association Rules and Regulations. • The ordinance amendment will be placed on a future City Council agenda under New Business. ATTACHMENTS (2): • Memorandum from City Attorneys office, page 2' . • Ordiance No. 2nd Series, page 9 . SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Doug Reid, Chief Building Official, City of Eagan FROM: Richard G. Stulz, Assistant City Attorney DATE: November 20, 2000 RE: Ordinance Amendment Please find enclosed a revised amendment to Chapter 4, Section 4.03, of the Eagan City Code for your review and submission to the City Council. Should you have any questions or suggest any further revisions to the enclosed ordinance amendment, please do not hesitate to contact me. RGS/jlt g ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY AMENDING SECTION 4.03 REGARDING ELECTRICAL WORK REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Section 4.03 is hereby amended to read as follows: Subd 1. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure or any part of portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining a separate building or mechanical permit for each such building, structure or mechanical components from the city. A certificate of survey from a registered land surveyor is required for all new construction wherein land is to be occupied by a structure. The expansion of an existing structure does not require a certificate of survey so long as the expansion does not extend onto new property. Section 2. Eagan City Code Chapter 4 is hereby amended by adding 4.06 to read as follows: The installing, altering, repairing, planning or laying out of electrical wiring aparatus or equipment for light, heat, power or other purposes shall be performed in accordance with the standards set forth in the Minnesota electrical act of Minnesota Statutes. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Holly N. Duffy By: Patricia E. Awada Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 9 Agenda Information Memo December 4, 2000 Eagan City Council Meeting D. APPROVE LAWFUL GAMBLING EXEMPT PERMIT FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL TO HOLD A RAFFLES ON JANUARY 27., 2001. ACTION TO BE CONSIDERED: To approve the lawful gambling exempt permit for Faithful Shepherd Catholic School to hold a raffle on January 27, 2001. FACTS: • The Faithful Shepherd Catholic School has submitted an application deemed in order by staff to conduct a raffle at their location on January 27, 2001. ATTACHMENTS: Attached without page number is a copy of the application. Agenda Information Memo December 4, 2000 Eagan City Council Meeting E. APPROVE GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL FOR THE EAGAN HIGH SCHOOL FOOTBALL BOOSTER CLUB ACTION TO BE CONSIDERED: To approve the gambling control board premises permit renewal for the Eagan High School Football Booster Club. FACTS: • The Eagan High School Booster Club has submitted an application deemed in order by staff for activities to be conducted at Al Baker's Restaurant during the year 2001. ATTACHMENTS: Attached without page number is a copy of the application. Agenda Information Memo December 4, 2000 Eagan City Council Meeting F. APPROVE LOCAL DESIGNATION OF DNR PUBLIC WATER WETLAND #19-0064 AS 'HOLZ LAKE' ACTION TO BE CONSIDERED: Adopt recommendation by the Advisory Parks Commission to officially name Holz Lake. FACTS: • At the June 15, 1993 Eagan City Council discussion about officially naming Holz Farm Park, the Council directed staff to research whether the waterbody next to the park could be officially named "Holz Lake." The Minnesota DNR has designated this waterbody as Public Water Wetland #19-0064, without a specific word -name reference. Locally, the waterbody also has been called "Manor Lake." • In its statewide naming convention, the Minnesota DNR considers waterbodies less than 10 acres as "ponds" and waterbodies greater than 10 acres as "lakes." The waterbody in question has a surface area of 9.2 acres. • The Advisory Parks Commission assumed responsibility to follow up on the Council directive and assigned the issue to its "open" agenda, where it would be addressed as time allowed. In an effort to reduce the number of historical issues on the commission's "open" agenda, City staff recently conducted the research necessary to address this issue. • Essentially, the City can officially name Holz Lake, but that name would not be recognized outside the city limits by the county or the state (e.g., on their maps). Officially naming lakes, in the state context, requires formal petition by registered voters, followed by action of the county board and then a determination by state government (Minnesota DNR). The process can take up to a year or more, and strictly speaking, family name recognition is usually discouraged. • At its October 16, 2000 meeting, the Advisory Parks Commission unanimously approved a recommendation to City Council to officially name the waterbody in question "Holz Lake," with the understanding that this name would only be recognized within the Eagan city limits. is Agenda Information Memo December 4, 2000 Eagan City Council Meeting G. AQUATIC PLANT RESTORATION PROGRAM APPLICATION ACTION TO BE CONSIDERED: Endorse submission of a grant application to the Minnesota Department of Natural Resources to help fund restoration of a native aquatic plant buffer around Cedar Pond in Cedar Pond Park. FACTS: • The long-term agenda of the Eagan Advisory Parks Commission includes developing a mechanism to establish and protect wetland buffers. • The 1990 Eagan Water Quality Management Plan identified the need to protect wetlands, control erosion and sediment, and establish buffer setbacks. • The Minnesota DNR Aquatic Plant Restoration Grant Program has funding available in 2001 for projects related to plant restoration in shoreline habitats. A minimum 50/50 cost share of at least $1,000 is provided to grantees. • The Cedar Pond site has very good potential for restoring a shoreline buffer of native vegetation and for implementing an education program, as well as other best management practices (BMPs). • An Aquatic Plant Restoration Program grant would augment funding from the Dakota County Wetland Health Evaluation Program (WHEP) to implement the following BMPs: 1. Fertilizer management 2. Street sweeping 3. Yard waste management 4. Restoring a native buffer • These BMPs would be implemented in 2001 and evaluated by WHEP volunteers in 2001 and 2002. • At its November 16, 2000 regular meeting, the Eagan Advisory Parks Commission recommended the City Council to approve the grant application. Attachments: None /3 Agenda Information Memo December 4, 2000, Eagan City Council H. EXTENSION FOR RECORDING MINOR SUBDIVISION — (TURNQUIST ADDITION) — BRIAN TURNQUIST ACTION TO BE CONSIDERED: To approve an extension for recording the Minor Subdivision for Turnquist Additon, located on FACTS: • The City Council approved the Minor Subdivision on October 3, 2000. • The applicant has indicated that because of delays in the County's review of the plat, it is uncertain whether the final plat will be recorded within the 60 -day time limit. Therefore, he is requesting an extension of time to record the plat to December 31, 2000. ATTACHMENTS: Letter from Brian Turnquist, page /5 Brian Turnquist 4545 Oak Pond Circle Eagan, MN 55123 (651)-454-3297 November 20, 2000 Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Minor Subdivision — Turnquist Addition Dear Mr. Ridley: Due to delays in receiving the survey plat back from the County, I am requesting a time extension for recording of the Turnquist Addition minor subdivision. My deadline for the County recording is December 3rd. There is still a chance we will have the document sin Gary Stevenson's hands before the 3rd, but I don't want to take the risk and have to start over. Sincerely, Brian Turnquist /5- R Agenda Information Memo November 21, 2000 Eagan City Council Meeting I. PROJECT 804, CLEARVIEW ADDITION STORM SEWER ACTION TO BE CONSIDERED: Receive a petition requesting a storm sewer outlet for the Clearview Addition and authorize the preparation of a Feasibility Report by City Staff. FACTS: • This past August, the City received a petition from several property owners requesting the installation of a public storm sewer outlet for the current landlocked private pond in the middle of Block 2 Clearview Addition located north of Cliff Road and east of Blackhawk Road. • The lead petitioner was informed that the petition would be presented to the City Council after the Super Storm Drainage Study was completed. That report was presented to the Council on Nov. 9. The petition is now being presented to the council for their consideration of authorizing the preparation of a feasibility report to present the scope, cost, financing and schedule of this requested improvement. • 50% of the riparian property owners have signed the petition requesting this proposed improvement. ATTACHMENTS: /i • Petition, page / / . • Location map of petitioners, page /g . /6 Cec-e-vz—c_t:A9 toLR o .tatA5 jzee_.L/ at/Lez_a-ce _ee.ta ba,,Q 4s-zio 18-q6 /vtA-d-t q ti\t/ 1 IgS1 UAL—A (4-7^"/ / / 12e2ciJr • i?•;4 1•7 A'1841 8.39/1835' 11315 \,., T 1821 '1843 ' ''S V 1833 1829,1825 AT P�'Nleaols3 LAN s2o \Isla 1808 1804 1824�� 4395 1844 183- 183218301826As>6//4396 805 AP -40 1 OJ ;{rs- 1760,, c1775 1836 <' 1796 4535 4540 4545 1780 \ 1.- 1.765 176 4555 BP -22 4566 4580 1831 z 1779 1'75 w QQ 1805 1764 CLIFF ROAD 11-16-2000 • G: Fee sability2001/796/Mori _Acres_Location Clty of Eagan /5" POND OUTLET PETITION CLEARVIEW ADDITION Agenda Information Memo December 4, 2000 J. CRAY 2ND ADDITION (OUTLOTS A, B & C) & LONE OAK (OUTLOT G) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on January 16, 2001. FACTS: • On November 27, 2000, City staff received a letter from Mark Graham of the Howard R. Green Company, representing Silicon Graphics, requesting the vacation of the existing drainage and utility easements on Outlots A, B and C, Cray 2nd Addition and Outlot G, Lone Oak Addition, located southeast of the intersection of Lone Oak Drive and Lone Oak Parkway. • The easements were originally dedicated as part of the Lone Oak and Cray 2nd Addition plats for drainage and utility purposes, including ponds and typical side lot easements. • The purpose of the request is to allow Silicon Graphics to construct two new office buildings on Outlots A, B, C and G. The configuration of the proposed buildings would encroach upon some of the existing drainage and utility easements. • Adequate replacement drainage and utility easements will be dedicated as part of the new final plat combining the four outlots. • The request would vacate the existing easements, avoiding future conflicts with underlying easements. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Petitioner's Letter, page .26 . • Legal Description Graphic, page) . • Preliminary Site Plan, pages . . Howard R. Green Company CONSULTING ENGINEERS November 22, 2000 File: 811240J-0060 Mr. John Gorder City Engineer 3830 Pilot Knob Road Eagan, MN 55122 RE: PETITION TO VACATE EXISTING DRAINAGE AND UTILITY EASEMENTS SILICON GRAPHICS SITE EAGAN, MINNESOTA Dear Mr. Gorder: Thank you for meeting earlier today regarding the above -referenced project. As you know, Silicon Graphics plans to construct two buildings on property currently platted as the Cray 2nd Addition. In order to properly prepare the final plat for this development, it is necessary to vacate all existing drainage and utility easements across this property. The site currently is platted in outlots. These outlots are: Outlots A, B, and C of the Cray 2nd Addition, and Outlot G of the Lone Oak Addition. We have prepared the Petition to Vacate form as you requested. It is our understanding that a public hearing will be necessary for this project. The property is currently owned by Silicon Graphics and the contact person is Jim Morgensen, 1600 Amphitheatre Parkway, MS 760, Mountain View, CA 94043-1351. Mr. Morgensen can be reached via telephone at 650/933-6379. Please find enclosed a check for $300 for the processing fee, as well as all other required information. If you have any questions or require further information, please contact me as soon as possible. It would also be helpful to know the date of the public hearing. Thank you again for your assistance. Sincerely, Howard R. Green Company ,,,,‘,., Mark J. Graham, P.E. Project Engineer cc: Brian Carey — United Properties, Inc., 3500 W. 80th St., Suite 200, Mpls, MN 55431 Ltr-112200-Gorder.doc ao 1326 Energy Park Drive • St. Paul, MN 55108 • 651/644-4389 fax 651/644-9446 toll free 888/368-4389 U oes <0 Fes— O O -, 1- • 0 O 0 Y o a • O .ow Z N Q >- Q U PROPOSED EASEMENT VACATIONS 11-27-2000 Agenda Information Memo December 4, 2000 Eagan City Council Meeting K. CELL NET LEASE APPROVAL ACTION TO BE CONSIDERED: Approve a variance to the City's Fee Schedule, approve a Lease Agreement for Sclumberger/Cell-Net Communications Antennae (Sperry Reservoir) and authorize the Mayor and deputy City Clerk to execute all related documents. FACTS: • Cell Net/Sclumberger provides utility meter reading services for local utility providers. Currently, XCEL Energy (NSP) sends meter readers to each residential and commercial customer to read that particular meter. Cell Net's network telemetry will electronically read each meter every day and transmit the data to XCEL monthly. This service will eliminate intrusive meter reading activities for XCEL customers in Eagan. • Cell Net/Sclumberger's proposed communications equipment installation consists of a single mono -pole antenna mounted on the top of the Sperry reservoir with minimal associated ground support equipment. • Cell Net/Sclumberger has asked the City to consider a lease rate or $500/month ($6,000/year) for this installation. In comparison, the City is currently receiving $1,183/month ($14,200/year) for each of the other 20 telecommunications installations located on City reservoirs. Cell Net is not a telecommunications carrier under the definitions of the FCC. They only have one customer (XCEL) and they are not allowed to charge XCEL customers an access or any other fee. Similar leases in Mendota Heights, Inver Grove Heights, Champlin, St Paul Park, Plymouth, and Vadnais Heights are currently in place with a range of $100 - $500 per month ($300 average). • This application has been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be in order for favorable Council consideration. ATTACHMENTS: • Survey of community fees, page 7 • 2000 City Fee Schedule, page a�- 023 July 13, 2000 Tom Struve, Coordinator City of Eagan Public Works 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom: I appreciate your quick response. Considering alt of the turmoil resulting from the recent storms. I live in Burnsville, and I know how extensive and wide spread the damage was. Schlumberger is currently installed in most of the cities you referenced with the exception of those which are served by other utilities for gas/electric service. City Equipment Type of Install Monthly Fee Mendota Heights CellMaster NSP Transmission 100.00 This is a ground lease and license agreement only. The equipment is installed on a NSP tower located in Mendota Heights. Inver Grove Heights CellMaster AT&T Tower 360.75 This lease is with AT&T not the city. Champlin CellMaster City Water Tower 237.59 This lease is with the City of Champlin. St. Paul Park CellMaster City Tower 500.00 This lease is with the City of St. Paul Park. Plymouth CellMaster City Tower 333.00 This lease is with the City of Plymouth. Tonka Bay CellMaster City Tower 383.00 This lease is with the City of Tonka Bay. Vadnais Heights CellMaster City Tower 333.00 This lease is with the City of Vadnais Heights. We do have equipment on the Burnsville Tower, but it is owned by NSP at this time. We do expect to acquire it sometime in the near future. I hope this helps. Kevin J. Mulloy Schlumberger Resource Management Services ay 2000 FEE SCHEDULE MISCELLANEOUS FEES/CHARGES Animal pickup Animal impound Fee $ 15.00 4.00 per day over amount billed to City by animal pound Antenna—Radio and PCS: Application Site survey Document preparation and plan review Landscaping Site rent, 1-9 antennas Site rent, each additional antenna 500.00 500.00 2,000.00 actual costs 14,201.00 131.00 per site per site per site escrow of $2,000 per site required per site per year per site per month Audio tapes—Board/Council meetings City Plans/Policies: Central Area Plan Comp. Water Supply/Distribution Plan Comp. Sanitary Sewer Policy/Plan Comp. Storm Water Management Plan: Spiral bound 3 -ring binder Landscape Policy Shoreland Zoning Ordinance Sign Regulations Tree Preservation Policy Water Quality Management Plan Data processing reports False alarm charges—commercial and residential: First 3 false alarms per year Each false alarm after 3 Fee schedule Invoicing charge Lodging tax Mailing labels as 23 actual costs 3.00 50.00 50.00 35.00 50.00 3.00 3.00 3.00 3.00 50.00 actual cost no charge 75.00 2.00 15% 3% actual cost + 10% to max. of $10.00 of gross receipts + 10% Agenda Information Memo December 4, 2000, Eagan City Council Meeting L. MODIFICATION -FY 2000 CDBG BUDGET ACTION TO BE CONSIDERED: Authorize a reallocation of $13,000 within the FY 2000 Community Development Block Grant (CDBG) budget from the Housing Rehabilitation Loan budget to the Wescott Public Safety Services budget. FACTS: • The Eagan Police Department opened a Police Substation at the Wescott Town Homes in June 2000. • The Police Department received CDBG funding of $20,000 for FY 2000 earlier in the year to start the project. Approximately $14,000 currently remains. • Police Staff entered into a partnership with the owners at Wescott to purchase steel security doors that would provide a safer environment for residents. The lowest bid for the project was $54,839. • The City's obligation would be $27,420 for 29 doors or %2 of the associated costs. • The Police Department will utilize the $14,000 remaining from the original $20,000 allotment along with the requested $13,000 to meet the obligation. • Chief Planner Ridley contacted Dakota County CDA staff and was informed that funds were available and that Council action would be needed for reallocation. • Dakota County CDA staff recommends reallocating the funds from the Housing Rehabilitation Loan budget. ATTACHMENTS: (2) Memo from the Chief of Police, Kent Therkelsen, page 2 7. Summary of Eagan CDBG Accounts, page g DATE: TO: FROM: SUBJECT: MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-681-4700 651-681-4738 FAX November 28, 2000 City Administrator, Tom Hedges Chief of Police, Kent Therkelsen Diversion of funds in the 2000 Community Development Block Grant The purpose of my memo is to seek approval for the redistribution of funds in the Community Development Block Grant (CDBG). As you know the Eagan Police Department opened a police sub -station at the Wescott Town Homes earlier this year. To help get the program up and running, the Eagan City Council appropriated $20,000 of CDBG monies. Since the substation opened, police personnel made it a priority to secure the environment for the residents at Wescott. Consequently, police officers have worked overtime, networked with residents and owners to make the neighborhood safe, and brought in other social service agencies to provide services to the Wescott community. The police, residents, and owners have struggled with the security and appearance of the apartment buildings at Wescott. Consequently, police staff approached all eight of the controlling owners of the properties and inquired if they would be willing to upgrade the front doors of all the apartment buildings. We realized that this action would accomplish two things. First, the appearance of the properties would be improved. Second, by installing steal doors and frames, the doors would be unlikely to be kicked in, thereby giving residents a feeling of security. The owners told police staff they would be interested in sharing the costs of replacing all of the doors. Consequently, we made an agreement to share the costs and received estimates to replace 29 doors and frames throughout the complex. The lowest bid was $ 54,839 equating to $1,891 per door. We told the owners we would seek funding for '/2 the cost, which equates to $27,420 or $946 per door. To meet the obligation of $27,420 we would need to obtain an additional $13,000 from funds available through the CDBG. Knowing this, Captain McDonald contacted Senior Planner, Mike Ridley and asked if there were any remaining funds from fiscal year 2000. Senior Planner Ridley made an inquiry and conveyed funding is available but council action is required. He added he would ensure that the funding request gets put onto the City Council Consent Agenda for December 4, 2000. Both Senior Planner Ridley and I will be available to answer any questions at the City Council meeting. If you have any questions or concerns, please feel free to contact me. cc: Senior Planner, Mike Ridley Captain, James S. McDonald 651 423 8180 NOU-28-2000 14:51 DAKOTA COUNTY CDA Eagan CMG Accounts 651 423 8180 P.03 Original Unexpended FY 1994 Budget Balance Housing Rehabilitation Loan Program $ 15,752.98 $ 15,752.98 FY 1998 Homeownership Assistance $ 10,000.00 $ 502.69 Housing Rehabilitation Loan Program $ 121,834.27 $ 16,742.93 FY 1999 Homeownership Assistance $ 10,000.00 $ 2,422.44 Housing Rehabilitation Loan Program $ 86,928.00 $ 86,928.00 FY 2000 Cedarvale Blight Clearance Homeownership Assistance Wescott Public Safety Services Wescott Youth at Risk Services Resource Center for Fathers & Families Housing Rehabilitation Loan Program Program Income Cedarvale Blight Clearance Youth Activities Scholarship $ 40,000.00 $ 10,000.00 $ 20,000.00 $ 9,632.00 $ 1,000.00 $ 60,000.00 $ 67,500.00 $ 1,000.00 $ 40,000.00 $ 10,000.00 $ 20,000.00 $ 9,632.00 $ 1,000.00 $ 60,000.00 $ 67,500.00 $ 1,000.00 Total Unexpended Balance: $ 331,481.04 *These funds are fully committed to homebuyers. **The total uncommitted balance of Housing Rehabilitation Loan funds is $78,378.24. Committed funds are those for which we have either closed on loans, but not expended the funds for housing rehab costs, or for which we have agreed to pay homeowner closing costs, when the home purchase actually closes. a� TOTAL P.03 Agenda Information Memo December 4, 2000 Eagan City Council Meeting M. PROJECT 742R, ASSESSMENT AGREEMENT (WESCOTT WOODLANDS) ACTION TO BE CONSIDERED: Approve an Assessment Agreement for Project 742R (Wescott Woodlands — Streets and Utilities) with the Rahn Family Limited Partnership and authorize the execution of said agreement by the Mayor and Deputy City Clerk. FACTS: • Project 742R provided for the installation of streets and utilities along Wescott Woodlands (formerly Wescott Hills Rd.). The project was constructed in 1999. • On October 3, 2000 the City Council approved and adopted the Final Assessment Roll for the above referenced public improvement. At that public hearing, the Carriage Hills Golf Course submitted a written objection and followed it up with a formal notice of appeal to District Court. • The City retained a certified appraiser to evaluate the amount of benefit conferred on the property by this project. After reviewing the results of this appraisal, the City Attorney's office negotiated a settlement agreement acceptable to the property owner and generally in compliance with the City's policies and similar past settlement agreements. This agreement is now being presented to the Council for their consideration and formal approval. ISSUES: • This item is currently in litigation and this agreement is being offered as a proposed settlement. If any member of the City Council has any concerns with any portion of it and wants to discuss it in any level of detail, it should be directed to an Executive Session of the Council for privileged and confidential consideration. This will insure that the City's defense is not compromised if the settlement is not accepted and the litigation needs to proceed. If deliberated in Executive Session, the Council would have to reconvene to vote on it publicly. If it meets with a majority approval of the Council as is, a simple vote will suffice as part of the Consent Agenda. ATTACHMENTS: • Agreement forwarded under separate and confidential cover. a9 Agenda Information Memo December 4, 2000 Eagan City Council Meeting GS A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2001 ACTION TO BE CONSIDERED: 1. To close the public hearing and set the levy and budget considerations for the December 19, 2000 City Council meeting. 2. To continue the public hearing to Monday, December 11, 2000 (not a regularly scheduled Council meeting). The continuation date and time must be announced, if the hearing is continued. FACTS: • The City is required by State law to hold this truth in taxation public hearing to consider the payable 2001 property tax levy and the 2001 budget. • Parcel specific notices showing the comparison of actual 2000 taxes to proposed 2001 taxes have been sent to each property owner in the City. • In addition to the mailed parcel specific notices, published notice is also required. That notice which invites property owners to attend the public hearing or to send written comments has been published in the Eagan This Week, Eagan Sun Current and Dakota County Tribune. This is beyond the legal requirement that requires publication in a newspaper that is circulated throughout the City. • The City's final levy and budget cannot be adopted at the truth in taxation public hearing but can be adopted at the continuation hearing, if one is held. • The City's tax capacity rate for the truth in taxation notices is 23.423 (City 20.311 & MVTA 3.112) compared to the 2000 rate of 24.458 (City 21.286 & MVTA 3.172). In addition, payable 2001 taxes will for the first time include a market value levy for the Central Park/Community Center bond referendum. • Staff has received 6-8 general telephone inquiries, almost all of which have raised questions about the increase in property valuation, not increase in tax rates. • Staff has prepared handout material for the public hearing that can be used at the meeting and mailed to any interested property owners. 30 • The City Administrator will present a PowerPoint presentation. Copies of the slides will be made available to the Council at the meeting. ATTACHMENTS: • Enclosed on pages 3,2 through .3,, is a copy of comparative summaries of revenues and expenditures for the General Fund. • Enclosed without page number is a copy of the handout material that explains the levy and budget in more detail. .3/ 2001 revsum 12/1/00 2001 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 1999 Actual 2000 2001 Budget Budget General Property Taxes $ 11,666,769 $ 12,343,200 $ 13,238,600 Licenses 166,656 156,800 165,800 Permits 1,278,561 569,000 577,300 Intergovernmental Revenues 2,365,643 2,312,900 2,361,300 Charges for Services 1,204,213 812,100 847,600 Recreation Charges 399,897 422,700 410,700 Fines & Forfeits 193,835 177,000 178,000 Other Revenues 606,788 396,900 508,700 Program Revenues 801,968 881,700 883,400 Transfers 202.106 127.700 109.300 TOTAL GENERAL FUND $ 1$,886,436 $ 18,200,000 $ 19,280,700 2001 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 1999 Actual 2000 Budget 2001 Proposed GENL GOVERNMENT 01 Mayor & Council $ 106,878 $ 101,700 $ 103,200 02 Administration 727,125 768,300 671,300 03 Information Technologies 553,554 604,500 704,600 05 Finance/City Clerk 795,878 905,200 875,500 06 Legal 299,660 346,000 359,800 07 Community Development 1,304,667 1,314,800 1,400,400 09 Communications - - 178,800 10 Telecommunications 38,247 2,800 Gen Govt Total 3,826,009 4,043,300 4,293,600 PUBLIC SAFETY 11 Police 6,375,871 6,813,000 7,115,400 12 Fire 966.427 1.008.800 1.064.300 Public Safety Total 7,342,298 7,821,800 8,179,700 PUBLIC ORKS 21 Public Works Engineering 953,525 1,046,400 1,114,400 22 Streets & Highways 1,115,671 1,332,500 1,368,800 24 Central Svces. Maint. 381.829 434.700 457.200 Public Works Total 2,451,025 2,813,600 2,940,400 PARKS & RECREATION 31 Parks & Recreation 2,275,045 2,547,900 2,659,200 32 Tree Conservation 253.461 241.700 278.900 Parks & Rec Total 2,528,506 2,789,600 2,938,100 GENL GOVT BLDG MAINT 33 Building Maintenance 495,397 566,900 547,300 Total Expenditures - General Fund 41 Contingency --undesignated 16,643,235 18,035,200 18,899,100 164,800 381,600 Total Expenditures + Contingency $ 18,209,090 $ 1%280,700 33 Agenda Information Memo December 4, 2000 Eagan City Council Meeting B. CEDARVALE SPECIAL SERVICES DISTRICT PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2001 ACTION TO BE CONSIDERED: 1. To close the public hearing and set the levy and budget considerations for the December 19, 2000 City Council meeting. 2. To continue the public hearing Monday, December 11, 2000. (The continuation date and time must be announced, if the hearing is continued.) FACTS: • The 2001 and levy is being set at $3,000. That amount represents a reduction of $2,000 from 2000 as cash balances from prior years have accumulated and are available to spend in 2001. The 2001 budget is $5,000 and covers general maintenance ($3,000) and pylon sign maintenance and insurance ($2,000). • The tax capacity rate for the Truth -in -Taxation notices for payable 2001 is 0.882 compared to the final 1.564 for payable 2000. • Given the maintenance -only approach to this budget and levy, the Cedarvale redevelopment effort is expected to have no impact on this budget during 2001. 3y Agenda Information Memo December 4, 2000 Eagan City Council X. OLD BUSINESS A. PRELIMINARY SUBDIVISION (KENNERICK ADDITION) — TRI -LAND ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Kennerick Addition) to create 17 single-family lots and one outlot on 8.63 acres located northwest of Pilot Knob and Lone Oak Roads in the SE 1/4 of Section 4, subject to the conditions listed in the APC minutes. FACTS: • This item was continued from the November 21, 2000, Council agenda. • The Council considered a similar subdivision proposal for this site in June of this year, at which time the applicant requested a continuance of his application to be able to revise the application in response to issues and concerns that had been raised. The proposal has since been revised and incorporates several changes to the plans. The modifications include: 1. a reduction in the number of lots from 20 to 18 (including the outlot); 2. an increase in the average lot size from 16,199 to 18,124 square feet; 3. refined grading, drainage and water quality plans; and 4. a future street connection to the north. • The subject site consists of five parcels. The property is wooded with large variations in topography, and contains two existing single-family homes. There is an existing pond/wetland to the west of the development site. • The site is located within Airport Noise Policy Zone 4, and single-family residential development is considered a conditional use within Zone 4. • The property is zoned R-1, Single -Family Residential, and the applicant proposes to create 17 lots for single-family development; two of the lots (Lot 1 and 14) will contain existing homes. One outlot is also proposed, which meets R-1 lot requirements and could be replatted as a lot for future construction of a single-family home. • Access to the site is proposed via Vincent Court, a public street to be constructed north and west from Lone Oak Road into this development. Vincent Court is configured as a temporary cul-de-sac, designed for future extension to the north. • Tree removal is 28% of significant woodlands on the site, which is less than the 40% removal allowed by City Code. • A new storm water basin is proposed to be constructed on Lot 8 Zehnder Acres (located southwest of the development site) southeast of the existing pond/wetland (Pond HDP -1) which is located west of the site. Storm drainage would then flow from this constructed basin into Pond HDP -1. • Pond HDP -1 does not currently have a pipe outlet for drainage control, or public easement for ponding purposes. On October 3, 2000, the City Council authorized preparation of a feasibility report for a trunk storm sewer improvement that would include installation of a storm sewer pipe outlet from Pond HDP -1 to Pond HP -11 (to the northwest near Skyline Road) and acquisition of easements. Results of the feasibility report are not yet available. 35 • The Advisory Parks and Recreation Commission reviewed this revised subdivision proposal on October 16, 2000, and recommended approval. • The Advisory Planning Commission held a public hearing on October 24, 2000, and recommended approval of the Preliminary Subdivision. ISSUES: • The planning report indicates that the land that comprises the development site is owned by four people, however, the applicant, Brad Swenson, has closed on the purchase of the two parcels that were owned by Kenneth and Carol Erickson; the other owners are Gail McMahon and Eileen Kennedy. • As directed by the City Council in June, the applicant hosted an informational meeting with neighboring residents on October 10, 2000, to discuss the modifications in the subdivision plan. Neighboring residents acknowledged improvements in the plans with regard to the lot count and lot sizes. However, concern remained about the impact to Pond HDP -1, the potential costs of assessments related to the trunk storm sewer improvement, and the aesthetics of the new stormwater basin that is proposed to be constructed. • Correspondence from residents concerning the initial subdivision proposal is attached. Staff has not received any new written correspondence from surrounding neighbors concerning this revised proposal. ATTACHMENTS: October 24, 2000 and April 25, 2000 APC Minutes, pages 3, through 40 June 20, 2000 City Council Minutes, gages 113 titpetrgh Staff report, pages 14 (/ through 4,5 Correspondence, pages 14 through 7' 3 6 Advisory Planning Commission April 25, 2000 Page 9 PRELIMINARY SUBDIVISION — TRI -LAND SURVEYING COMPANY, INC. Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Kennerick Addition) of 9.6 acres to create 19 single family lots and one outlot, legally described as Lot 4, and part of Lots 5, 6, 7, and 8, of Zehnder Acres, located north of Lone Oak road, west of Pilot Knob Road in the SE '/4 of Section 4. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staff's planning report dated April 20, 2000. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. She stated that staff has some concerns with regard to grading and erosion control, particularly on the west end of the site where the land is wooded and steep, dropping off to the wetland. Brad Swenson, developer, addressed concerns from a recently held neighborhood meeting. His discussion included: • Architectural controls and types of houses to be constructed • Pricing (to exceed $300,000) • Landscaping • Pond on west side of the site • Runoff from Lone Oak Road into pond • Request for cul-de-sac variance Thirteen residents spoke, expressing concerns which included: • Easements and compensation • The destruction of the wetland area behind their properties • Effect on wildlife in the area • Assessments for improvements should be paid by the developer • Actual size of the proposed development • Adverse effect on area property values • Drainage for future developments • Type of fill to be used to meet elevations • Consistency of lot sizes and the legality of splitting lots • Landlocked area to the north • Cul-de-sac length Chair Heyl closed the public hearing. The Commission held a discussion which included: • Future use of Outlot A • Cul-de-sac length Advisory Planning Commission April 25, 2000 Page 10 • Future development access • Wetland/pond issues • Assessments to area property owners Chair Heyl asked the developer if he would be willing to continue this request until the next Advisory Planning Commission meeting in order to address the issues of concern. Mr. Swenson stated he would prefer not to continue the request. Chair Heyl and Member Huusko stated that items C, E, and G of the ordinance had not been met and that they do not agree with the variance for the cul-de-sac, as there is no plan for future connection to the north. Member Steininger moved, Member Huusko seconded, a motion to recommend approval of a Preliminary Subdivision (Kennerick Addition) of 9.6 acres to create 19 single family lots and one outlot, legally described as Lot 4, and part of Lots 5, 6, 7, and 8, of Zehnder Acres, located north of Lone Oak Road, west of Pilot Knob Road in the SE 1/4 of Section 4 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, Bi, B2, B3, B4, Cl, C2, C3, D1, and El 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 DBA (use provisional land use performance standards) as compared with a noise level of 65 DNL. 4. The developer will need to verify the compliance of the setbacks of existing structures from new lot lines prior to final subdivision approval. 5. Erosion control practices shall be properly installed and effectively maintained (particularly to the west of the proposed cul-de-sac where the topography is steep) throughout the development process to prevent and minimize soil loss and negative impacts to down -gradient resources and water quality. 6. A public improvement project providing for a pipe outlet from and acquisition of ponding easement over HDP -1 shall be approved by the City Council prior to final subdivision approval for this development. 7. The applicant shall meet the City's water quality requirements by excavating from the nearby wetland (City Pond HDP -1) a minimum additional wet -pond volume of 0.47 acre- feet covering an area of 0.23 acres. The stormwater treatment pond should be Advisory Planning Commission April 25, 2000 Page 11 constructed according to NURP standards with a maximum depth of six (6) feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 8. A minimum 30 -foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction, allowing an exception only for the necessary excavation for storm drainage purposes and that disturbed area shall then be restored to its natural state. 9. The existing houses on Lots 1 and 16 shall be connected to the City utility system (sanitary sewer and water main) as part of this development. 10. The developer shall construct a stubbed public street from Vincent Court to the north edge of the development to provide for interconnection of future local streets to the north. 11. The developer shall be responsible for obtaining public street easement over Parcel 051- 00 to allow for the extension of the public cul-de-sac street prior to final subdivision approval for this development. 12. Individual Lot Tree Preservation Plans will be required for Lots 12, 13, 14, 15, and 19 at the time of building permit application. Allowable removal for each lot is 20% of the significant vegetation on the lot. 13. Tree protection measures (i.e. orange colored silt fence or four foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. This tree protection fence shall be installed prior to any grading or tree removal. 14. The applicant shall contact the City of Eagan Forestry Division to set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of tree protection fencing. 15. Lots 2-15 and 17-19 are subject to a cash parks dedication and a cash trails dedication, payable prior to release of the final plat for recording, at the rate in effect at that time. Motion failed 0-4. DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 24, 2000 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 24, 2000, at 6:30 p.m. at the Eagan Municipal Center. Present were Chair Heyl, Members Huusko, Segal, Tilley, Kaess, Steininger, Anderson and Nosbush. Also present were Senior Planner Mike Ridley; Planner Pam Dudziak; Planner Bob Kirmis; Assistant City Engineer John Gorder; City Attorney Bob Bauer and recording Secretary Mira McGarvey. AGENDA Member Huusko moved, Member Tilley seconded a motion to adopt the agenda as presented. All voted in favor. SEPTEMBER 26, 2000 — ADVISORY PLANNING COMMISSION MINUTES Chair Hey] noted that on page 20 the vote on the motion regarding a Planned Development Amendment for RJM Construction had not been recorded. The wording "All voted in favor" shall be added. Member Steininger moved, Member Huusko seconded a motion to approve the minutes of the September 26, 2000 Advisory Planning Commission meeting as amended. All voted in favor. There were no visitors to be heard. VISITORS TO BE HEARD OLD BUSINESS PRELIMINARY SUBDIVISION — TRI -LAND SURVEYING COMPANY, INC. Chair Heyl opened the first public hearing of the evening regarding a preliminary subdivision (Kennerick Addition) of 8.61 acres to create 17 single family lots and one outlot, legally described as Lot 4, and part of Lots 5, 6, 7 and 8 of Zehnder Acres, located north of Lone Oak Road, west of Pilot Knob Road in the SE ''A of Section 4. Planner Dudziak introduced this item and highlighted the background and history, the existing conditions and the surrounding uses of the subject property. She stated this proposal had a public hearing with the Advisory Planning Commission in April, and was considered by the City Council in June. In response to concerns and issues raised during the public hearing and at the Council meeting, the developer requested a continuance of his application. The developer has since revised the plans to incorporate some changes to the plans. There were six residents who spoke expressing their concerns regarding lot sizes, impact on the wildlife in the area, impact on the existing pond, decrease in property values, and the overall beauty of the area. There being no further comment, Chair Heyl closed the public hearing and brought the discussion back to the Commission. Brad Swenson, applicant, addressed the concerns of the residents, including the history of the pond, the density of the proposed development and smaller lots adjoining the property. Member Tilley questioned the wetland delineation. Mr. Swenson stated there will be another pond incorporated within the wetland area. 90 Advisory Planning Commission October 24, 2000 Page 2 Design Engineer John Gorder stated that the feasibility study for the area was authorized on October 3 and it usually takes three to four months to complete at which time the City Council will schedule a public hearing. He also discussed erosion control plans. Member Segal asked about letters of opposition that had been filed by Gail McMahon, owner of the subject property, and questioned the purpose of the proposed outlot. Mr. Swenson explained that Ms. McMahon had opposed an earlier version of the plan but that she is in agreement with the current proposal. He explained that the outlot will still be owned by Ms. McMahon who may choose to develop it at a future date. Ms. McMahon was present and confirmed the statements made by Mr. Swenson. Member Segal asked if the proposed Outlot A would be a buildable lot. Planner Dudziak stated it was buildable but would have to be platted at the time of development. Member Nosbush asked about the drainpipe that will have to be constructed across multiple properties. Design Engineer Gorder explained that the outlet pipe to be constructed between the two ponds is in the City's Capital Improvement Plan and would need to be constructed irrespective of Mr. Swenson's project. Chair Heyl stated that the developer has decreased the size of the proposed development by two lots since its original review by the Commission and meets the City requirements. She explained that condition number six in the planning report regarding the public improvement project providing for a pipe outlot from, and acquisition of ponding easement over, HDP -1 must be approved by the City Council prior to final subdivision approval. She further stated that the proposed development is within the City guidelines for tree preservation. Member Tilley stated she is pleased that the size of the lots has increased but does not feel the project is ready for approval. Chair Heyl asked if potential buyers would be notified of the airport noise. Mr. Swenson stated that the issue would be included in a disclosure statement. Member Segal stated he understands the concerns of the residents but the proposed development meets City requirements and the developer has a right to develop the property. Member Huusko moved, Member Segal seconded a motion to recommend approval of a Preliminary Subdivision (Kennerick Addition) to create 17 lots and one outlot on 8.63 acres located northwest of Pilot Knob and Lone Oak Roads in the SE 1/4 of Section 4 subject to the following conditions: 1. The developer shall comply with these standards condition of plat approval as adopted by Council on February 3, 1993: AI, B1, 2,3,4, C1, C2, C3, D1, and El. 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 4. The developer shall verify compliance with required setbacks for the existing structures on Lots 1 and 14 prior to final subdivision approval. 5. The developer shall be subject to stringent temporary and permanent erosion control requirements in accordance with City standards. Erosion control measures shall be properly installed and effectively maintained (particularly to the west of the proposed cul-de-sac where the topography is steep) throughout the development process to prevent and minimize soil loss and impacts to down - gradient resources and water quality. 4/ Advisory Planning Commission October 24, 2000 Page 3 DRAFT 6. A public improvement project providing for a pipe outlet from, and acquisition of ponding easement over, HDP -1 shall be approved by the City Council prior to final subdivision approval for this development. 7. This development shall meet the City's water quality requirements by creating a stormwater treatment basin with a minimum wet -pond volume of 0.44 acre-feet covering an area of 0.22 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 8. With the exception of the area adjacent to the constructed stormwater treatment pond, a minimum 30 -foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction. 9. The existing house on Lot 14 shall be connected to the City utility system (sanitary sewer and water main) as part of this subdivision 10. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards. 11. The developer shall be responsible for obtaining public street easement over Parcel 051-00 to allow for the extension of the public street prior to final subdivision approval for this development in a form and text approved by the City Attorney. 12. To ensure the protection of preserved woodlands/trees; individual lot tree preservation plans shall be required for lots 2-9, 11-13, and 15-17 at the time of building permit application. 13. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 14. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the tree Protection Fencing. 15. This development shall be responsible for a cash parks dedication and a cash trails dedication for Lots 2-13 and 15-17. A vote was taken on the motion. Aye: 6 Nay: 1. Member Tilley opposed. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 9 PRELIMINARY SUBDIVISION & VARIANCE, TRI -LAND SURVEYING COMPANY, INC. (1ONNERICK ADDITION) Councilmember Carlson abstained from participating in discussion and voting on this item. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada stated that this property is zoned R-1 and the developer has the right to develop it for single-family use. She said that the Council has authority over certain aspects of the development such as the layout of the subdivision, the size of the lots and access. She added that the Advisory Planning Commission had pointed out that the density and lot size of this subdivision does not match the surrounding area. She concurred with the APC's position. Councilmember Masin asked if this property was discussed as part of the Comprehensive Guide Plan review. Senior Planner Ridley noted that this property is zoned and guided consistently. Councilmember Bakken stated that he concurred with the findings of the APC and added that he was not comfortable with the plat as shown. He expressed concern about the lack of access to the north. Councilmember Bakken moved, Mayor Awada seconded a motion to direct the City Attorney to prepare Findings of Fact for denial. Mayor Awada noted that another option would be for the developer to request a continuance and appear before the APC with a revised plat. Brad Swenson, developer, stated that he has contracts with the property owner that will expire in June. He explained that he needed to wait until the end of May to proceed with his application in order for the wetland delineation to be completed. He requested a continuance from the Council. Councilmember Bakken withdrew his previous motion and moved continuance of the item. City Attorney Sheldon stated that the applicant should meet with Senior Planner Ridley and determine the date the item should be continued to. Mayor Awada stated that the plat would need to be considered by the APC again. Councilmember Masin asked if it would be possible for the developer to hold another neighborhood meeting. Mr. Swenson indicated that a neighborhood meeting would be held. Councilmember Masin inquired about the ponding issue. Director of Public Works Colbert explained that trunk area storm water improvements would be required with this development. Councilmember Blomquist stated that it would be important to consider the amount of the trunk area storm sewer assessments to the residents in the area. She added that the developer does have the right to develop this property. Councilmember Masin noted that the two main concerns appear to be the amount of the assessments and the aesthetic compatibility to the surrounding area. She suggested the residents form a cooperative and buy some of the available land. Mayor Awada told the developer that she did not think it would be feasible to get 19 lots in this development and stated that the Council will be looking to ensure that the development is compatible with the surrounding area. Discussion occurred regarding notification to the residents about the future of this proposal. Senior Planner Ridley noted that residents would be re -noticed even if the development does not go forward. Mayor Awada seconded Councilmember Bakken's motion to continue this item. A vote was taken on the motion. Aye: 4 Nay: 0 A resident of 1455 Lone Oak Road clarified that the residents do own the property that the pond is located on. ink3 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 19, 2000 CASE: 04 -PS -09-04-99 APPLICANT: Tri -land Surveying HEARING DATE: October 24, 2000 PROPERTY OWNER: Eileen Kennedy Kenneth M. Erickson Carol Erickson Gail McMahon PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision LOCATION: Northwest of Lone Oak and Pilot Knob Roads COMPREHENSIVE PLAN: D -I, Single Family Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Triland Surveying Company, Inc. is requesting approval of a Preliminary Subdivision (Kennerick Addition) to create 17 lots and one outlot on 8.63 acres located northwest of Pilot Knob and Lone Oak Roads in the SE% of Section 4. 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: 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 Planning Report — Kennerick Addition October 24, 2000 Page 2 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." BACKGROUND/HISTORY The proposed subdivision consists of five parcels, two of which contain existing single-family homes. Most of the homes surrounding the development site were built in the 1950s and 1960s, with only a few constructed in the 1970s and 1980s. Prior to 1970 when this area initially developed, Eagan was a rural town with a population of less than 10,000. The 1-3 acre lots in this area are typical of the development pattern at that time. As developable land becomes more 1.S Planning Report — Kennerick Addition October 24, 2000 Page 3 scarce and more costly, the City is likely to see more proposals like this one for infill development and redevelopment in these less densely developed areas of the City. This proposal had a public hearing with the Advisory Planning Commission in April, and was considered by the City Council in June. In response to concerns and issues raised during the public hearing and at the Council meeting, the developer requested a continuance of his application. The developer has since revised the plans to incorporate some changes to the plans. First, the number of lots has been reduced from 20 to 18 (including the outlot), and the average lot size (including the outlot) has increased from 16,199 to 18,124 square feet. Second, the grading, drainage and water quality plans have been redesigned and refined. Lastly, the plans show a future street connection to the north. EXISTING CONDITIONS The site is moderately to heavily wooded with large variations in topography, and contains two existing single-family homes. One of the existing houses is located on the southeast comer (built in 1966) and the other in the south central part of the site (built in 1959). There is an existing pond to the west of the development site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single-family homes; zoned R-1 (Single Family Residential); guided D -I (Single Family Residential) South - Pilot Knob Elementary School/Timberwood Village Townhomes; zoned P (Public)/PD (Planned Development); guided PF (Public Facilities)/D-III (Mixed Residential) East - Single-family homes; zoned R-1; guided D -I West - Single-family homes and pond; zoned R-1; guided D -I EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed single-family use is consistent with the development of surrounding properties. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in the Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. �j6 Planning Report — Kennerick Addition October 24, 2000 Page 4 Within this area, infill single-family residential development would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 2.5 miles southeast of the nearest runway at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north - south runway. At current traffic levels, the airport handles approximately 510,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately three miles from the engine maintenance and run up area. (Issues #3, 4 and 8) While the Stage III airline fleet, federally mandated by the year 2000, will create less noise per operation than the current fleet, the future net effect of such reductions is not certain. As such, regional policy requires that cities take current noise levels into account until such time as reductions in actual noise result in a reduction of the policy contours. 9 9 Planning Report — Kennerick Addition October 24, 2000 Page 5 As part of its updated Comprehensive Land Use Guide Plan, the City will depict the Metropolitan Council's noise policy contours on its land use and zoning maps. This will serve as notice to future occupants of the potential noise from aircraft operations. (Issue #6) If the City determines that findings concerning these conditions support the approval of this application for in -fill development, architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). (Issue #5) Lots — The proposed subdivision creates 18 parcels, two of which will contain the existing residences (Lots 1 and 14), and one outlot. The proposed outlot is located between Lots 13 and 14, however, with the lot line between them angled to accommodate the existing house and satisfy required setbacks, the configuration of Lot 14 and the outlot is somewhat odd. The R-1 zoning standards require a minimum lot width of 85 feet (at the front setback line), and a minimum lot area of 12,000 square feet. City Code also requires a minimum street frontage of 50 feet. Lots 1-17 all satisfy these minimum dimensional requirements. Since the outlot also meets these City Code requirements, it could be platted as a lot and a home could be constructed on it in the future. The average lot size is 18,124 square feet; the median lot size is 15,376 square feet. Both of these calculations include the outlot. Density — The proposed development has a gross density of 2.09 units per acre (including the outlot), and a net density (excluding right-of-way) of 2.4 units per acre. Setbacks — The R-1 zoning district requires minimum setbacks as follows: 30 feet from a public right of way, 10 feet from side lot lines (5 feet for the garage), and 15 feet from the rear lot line. All of the lots appear to be able to satisfy these minimum setbacks, including the existing structures on Lots 1 and 14. The developer will need to verify the compliance of the setbacks of existing structures from new lot lines prior to final subdivision approval. Grading — The preliminary grading plan is acceptable with modifications. The site is moderately to heavily wooded and generally slopes to the west with large variations in topography. Due to the large variations in topography, the developer will be subject to stringent temporary and permanent erosion control requirements in accordance with City standards. Such erosion control measures shall be properly installed and effectively maintained (particularly to the west of the proposed cul-de-sac where the topography is steep) throughout the development process to prevent and minimize soil loss and impacts to down -gradient resources and water quality. Storni Drainage — The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the development will drain via public storm sewer to a new storm water basin Planning Report — Kennerick Addition October 24, 2000 Page 6 on Lot 8, Zehnder Acres (owned by developer) and subsequently to Pond HDP -1 (as designated in the City Storm Water Management Plan — 1990). Pond HDP -1 currently does not have a pipe outlet for drainage control or public easement for ponding purposes. A storm sewer pipe outlet from Pond HDP -1 to Pond HP -11 to the northwest (near Skyline Road) is identified as a trunk storm sewer improvement in the City's current Capital Improvement Program. On October 3, 2000, the City Council authorized the preparation of a feasibility report (City Project No. 806) that will outline the scope, financing and schedule of this trunk storm sewer improvement. Final subdivision approval for this development is contingent upon approval by the City Council of a public improvement project providing for this pipe outlet and acquisition of ponding easement over HDP -1. Wetlands/Water Quality — This development is located in the City's H -watershed, which is in the northwest corner of Eagan but which is not associated with any high priority waterbody. Nevertheless, the development must meet the City's water quality requirement to treat stormwater runoff from the site. The development proposes to do so by directing stormwater to a treatment basin to be constructed adjacent to a natural wetland (City Pond HDP -1). Under the previous proposal reviewed by the Advisory Parks Commission on April 17, 2000, the wetland was to be excavated to accommodate the stormwater. However, with changes to the Minnesota Wetland Conservation Act that became effective August 1, 2000, such excavation in this type of wetland is now regulated similarly as draining and filling activities. Requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious fraction of 18 percent, a minimum wet -pond volume of 0.44 acre-feet covering an area of 0.22 acres would be needed to treat the stormwater generated by this development. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of six feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. A 0.6 -acre natural wetland is located to the southwest of the planned subdivision. This Type 5 wetland falls under the jurisdiction of both the Wetland Conservation Act of Minnesota (WCA), administered locally by the City, and Section 404 of the federal Clean Water Act, administered by the U.S. Army Corps of Engineers. Any proposals to drain, fill, or excavate these types of wetlands need to meet the provisions of these laws. This development is now proposed not to impact the wetland by excavating. However, to meet its water quality requirement to treat stormwater runoff from the site, this development would need to disturb some of the area alongside the wetland where the stormwater treatment basin is to be constructed. With the exception of this area, a minimum 30 -foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction. In several areas of this development, the topography of the site requires proper installation and effective maintenance of erosion control practices to prevent and minimize soil loss and impacts to down -gradient resources and water quality. �f 9 Planning Report — Kennerick Addition October 24, 2000 Page 7 Utilities — The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main is available in the northwest corner of the site to serve the development. The existing house on Lot 14 is currently served by well and sanitary septic systems. This house should be connected to the City sanitary sewer and water main systems as part of this subdivision. All well and septic systems within the subdivision should be abandoned in accordance with City and Dakota County standards. Access/Street Design — Public street access is proposed via Vincent Court, a 1000 -foot long street (with a temporary cul-de-sac) to be constructed north and west from Lone Oak Road as part of this development. The street will be configured for future extension north to serve and connect with possible future development of property to the north. The future street extension will provide a north -south connection between Skyline Road and Lone Oak Road. Easements/ Permits/ Right -of -Way — Dakota County is requiring the dedication of an additional 25 feet of public right-of-way along Lone Oak Road (County Road 26), as shown on the preliminary plat. The developer is proposing to extend the public street for the development over the east 20 feet of Parcel 051-00 within an existing private road easement. The developer shall be responsible for obtaining public street & utility easement over Parcel 051-00 to allow for the extension of the public street and water main. Tree Preservation — A tree inventory submitted with this application indicates that there are 111,317 square feet of significant woodlands on site. Species composition of the woodlands is primarily comprised of softwood deciduous trees (elm, cottonwood, boxelder and ash). The development as proposed will result in the removal of 31,430 square feet of significant woodlands (28% 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 less than the allowable amount, there is no required tree mitigation for this proposal. Recognizing that the application proposes to perform site preparation for the entire site at the time of initial development, there is to be no additional woodland/tree removal with the construction of each individual lot. If additional removal is requested at the time of individual lot development, all woodland/trees removed will be required to be mitigated per City of Eagan Tree Preservation Ordinance Tree Replacement Schedule. To ensure the protection of preserved woodlands/trees, individual lot tree preservation plans should be required for lots 2-9, 11-13, and 15-17 at the time of building permit application. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) should be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. In addition, the applicant should contact so Planning Report — Kennerick Addition October 24, 2000 Page 8 the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation PIan and placement of the Tree Protection Fencing. Parks and Recreation — Lots 2-13 and 15-17 are subject to a cash parks dedication and a cash trails dedication, payable prior to release of the final plat for recording, at the rate in effect at that time. The dedication amounts based on the 2000 fee schedule are $1,272.00 per lot for parks, and $168.00 per lot for trails. SUMMARY/CONCLUSION Tri -land Surveying is requesting approval of a Preliminary Subdivision to create 17 single- family lots and one outlot on 8.63 acres. This proposal was before the Advisory Planning Commission earlier this year, and since that time the proposed subdivision has been modified in several ways. First, the number of lots has been reduced from 19 to 17; the outlot remains. Second, as a result of the reduction in lots, the average lot size has increased from 16,199 to 18,124 square feet. Third, the proposed street is shown as a temporary cul-de-sac and is designed for future extension to the north. And finally, the grading, drainage and water quality plans have been revised; storm drainage and water quality ponding no longer include excavation of the adjacent wetland. Prior to final subdivision approval, a public improvement project providing for a pipe outlet from, and acquisition of ponding easement over, Pond HDP -1 must be approved by the City Council. Also, the developer will need to obtain a public street easement over Parcel 051-00 for the west half of Vincent Court at Lone Oak Road. Single-family development is a conditional use within Airport Noise Policy Zone 4 and in order to approve the Preliminary Subdivision, the Advisory Planning Commission and City Council would need to determine acceptable findings relative to the eight items listed in this report regarding airport noise compatibility and make a statement to that effect. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Kennerick Addition) to create 17 lots and one outlot on 8.63 acres located northwest of Pilot Knob and Lone Oak Roads in the SE% of Section 4. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, 2, 3, 4 C1, C2, C3, D1, and El. 2. The property shall be platted. S/ Planning Report — Kennerick Addition October 24, 2000 Page 9 Airport Noise Considerations 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. Setbacks 4. The developer shall verify compliance with required setbacks for the existing structures on Lots 1 and 14 prior to final subdivision approval. Grading 5. The developer shall be subject to stringent temporary and permanent erosion control requirements in accordance with City standards. Erosion control measures shall be properly installed and effectively maintained (particularly to the west of the proposed cul-de-sac where the topography is steep) throughout the development process to prevent and minimize soil loss and impacts to down -gradient resources and water quality. Storm Drainage 6. A public improvement project providing for a pipe outlet from, and acquisition of ponding easement over, HDP -1 shall be approved by the City Council prior to final subdivision approval for this development. Wetlands/Water Quality 7. This development shall meet the City's water quality requirements by creating a stormwater treatment basin with a minimum wet -pond volume of 0.44 acre-feet covering an area of 0.22 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 8. With the exception of the area adjacent to the constructed stormwater treatment pond, a minimum 30 -foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction. Utilities 9. The existing house on Lot 14 shall be connected to the City utility system (sanitary sewer and water main) as part of this subdivision. 10. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards. sa Planning Report — Kennerick Addition October 24, 2000 Page 10 Easements/Permits/Right-of-way 11. The developer shall be responsible for obtaining public street easement over Parcel 051-00 to allow for the extension of the public street prior to final subdivision approval for this development in a form and text approved by the City Attorney. Tree Preservation 12. To ensure the protection of preserved woodlands/trees, individual lot tree preservation plans shall be required for lots 2-9, 11-13, and 15-17 at the time of building permit application. 13. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 14. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 15. This development shall be responsible for a cash parks dedication and a cash trails dedication for Lots 2 - 13 and 15 - 17. S3 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. Sr 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. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 LTSNS STANOARD.CON Revised: February 2, 1993 FINANCIAL OBLIGATION — Kennerick Addition 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 15 lots $13,500 Water trunk S.F. $940/lot 15 lots $14,1000 Storm sewer trunk S.F. .086/sq ft 326,700 Sq. Ft. (1)$28,096 TOTAL $55,696 (1) Credit not given for Ponding Areas. Credit will be given when the ponding areas are known. 56 Location Map Eagan Boundary *treat Centerlino Parc* Area ® Building Footprint 1 1 • • ?" Is g Lin • • Ak �. E �t nn • at le d - M VS • • p • • • b Q • a• v. M • a r 0 r • r • t. Sub ect Site / /7-a —ENE -1 ( vtazor©s, "AN 4 . 1. a fe • 4. • MEI a sit . .4 vine 4041em O�$ta4 sA. Oa*104> 4O. DI r els • t 211 IE c Qj • 1 ■ f r ;VW h, tird Ili 4434P1 c �Altolbz ad IJo : y T ♦Ew®.®o Emus 41( 1 I 0 1000 0 2000 Feet Development/Developer: Kinnerick Addition Application: Preliminary Subdivis Case No.: 04 -PS -09-04-99 City of Eagan C.e.aeetty Development D.parte»et Mop Repaired31. Ferase l henap dela prvNdsd by Dolma Casey �Sir..y apnimmt and Is arum as Nkomo ZOO. TNIs MAP I$ INTENDED FOR REFERENCE USE ONLY Th. City of Eagan and Dakota County do net guarantee the accuracy of this information and are not responsible for wren or emissions. Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: R-1 Single -Family Residential ... 1208 F..t To Kennerick Addition Case No. 04 -OS -09-04-99 111111 II NMI ■..... 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O Nicr CD cn Cb fD 0_ CTI A TREE PRESERVATION 66wuWr YNWQ lM:u.j7a1,m . 111111111111111 KENNERICK 7!'St3TTION PRELIMINARY PLAT Tree Preservation Plan 111.101111011 TRILAND SURVETINC COMPANY. INC g PO 1101 31011. ue.a uecSOTA 661= 113-w-7660 01114-t 99-1111 a lag •uOM Vr3V3 KOQ VA Or 311I 'AMVd1103 0111A3AIIflS 0NV1IM1 s.� 110110'W _ ..N... _ wma 1Vld A2IVNIWI1321d N011100V )13121314N3)I__ 'T T"Si VAOCIPMP A Pini DU i Yr >w COM rw,sys ar cD7i ♦/D . w i alliudthet yip M WOO ID IP V OCI.AY uNO b IDµ.aois on. w +.1V 4.4111017 .m m 8 R (0vo8 BONN 101 oqg r_J 6 ti d)1 C# '08 AINnoo . N \, 0 84 0 an O ovary t 8g < O I -J L �_ I 08 O^ 0 UTZ i —'k 8. — 10 0 J 50 (LONE OAK ROAD) COUNTY RD. /26 !1 S 7 r Chris & Brenda Marshall 1449 Lone Oak Rd. Eagan, MN 55121 651-456-0373 5-2-2000 Dear Council Members, I am writing you about the proposed Kennerick Addition located off of Lone Oak road. I am one of seven homeowners who are located on the pond. I attended the council meeting on April 25th. As I stated at the meeting I believe the current proposed development has problems that need to be addressed. I would also like to suggest some possible solutions. Problems 1) Density- The proposed number of lots does not fit with the existing natural environment. Under the developer's current plan, wooded lots will be lost to clear cutting and the natural beauty will be replaced by non -distinct suburban lots. 2) Cul-de-sac- With a cul-de-sac it would seem to be a fire hazard with only one escape. 3) Without proper planning our pond would be lost or changed from its natural state. 4) Any alterations or said "improvements" should be the financial responsibility of the developer. Possible Solutions I) Cut the proposed number of housing sites from 19 to 10, you will have a more distinctive development more fitting with the current housing and its natural environment. 2) Use the pond for all drainage, from Lone Oak and new development with fewer houses. a. I have noticed that currently the pond is fed from the north by a spring or runoff. b. The pond should easily accommodate additional water from streets of new development. My hope is that all concerned would take into consideration how unique these lands are before development. Thank you for your time concerning this matter. Sincerely, Chris Marshall 6.44 /D- May 6, 2000 To: Mayor Pat Awada From: Anne Doblar 1441 Lone Oak Road Eagan, MN 55121 .651-454-5038 Re: Kennerick Development Dear Mayor Awada: I want to bring to your attention an issue which will be coming before you on the May 16th City Council Meeting agenda. This point of order is for a new housing development called the Kennerick Addition. Initially, I want to make you aware of the fact that the Eagan Planning and Zoning Commission has already voted against this project. I presently live in the Zehender Acres Addition in the house which my parents built in 1966. This proposed property development is to the immediate east of my property (see attached maps). Because this property does not have an existing sewer and water system, there seems t� be some question as to where and how the drainage of this addition should be handled. Directly behind my house and as part of my property is a privately owned pond. This pond is at a grade level which is much lower than the Kennerick Addition and is a protected wet land which is owned by each property owner adjacent to it (see attached map). The developer of the Kennerick Addition, Bradley Swenson, has tentatively acquired the property opposite the pond which gives him a small portion of ownership in the pond (see attached map). With this small portion, Swenson plans on land falling all the trees on the hill adjacent to the pond area so that he can bring in heavy equipment to dredge out his portion of the pond to make it a holding reservoir for all the drainage water to be routed into from the Kennerick Addition. Of course, he is going to have the city assess each of the property owners in the Zehnder Acres Addition a pond "improvement" tax so that he doesn't have to pay for it himself. I want to make you aware of how strongly opposed myself and my neighbors are to this project infringing upon our property and privacy. First off, the Kennerick Addition is a SEPARATE addition from the Zehnder Acres Addition. When our houses were built there were no taxes assessed onto the property holders in the Kennerick Addition therefore why should we now have to absorb the cost of the Kennerick Addition being built? Furthermore, since this is a privately owned pond I find it presumptuous of Mr. Swenson to assume that the property owners of this pond would willingly allow him access to our property so that he could use it as a drainage system for his Addition thus creating many more problems for our own Addition. This is my back yard. Think how you would feel if someone decided to dig a hole in your back yard and fill it with dirty water from somewhere else. This pond also sits on a sand basin. Any disruption of this basin could cause the pond to permanently dry up. Not to mention the fact that, being a protected wet land, it is illegal to change or alter it. All of these considerations Mr. Swenson obviously does not care about. I also want to draw your attention to the Kennerick Addition itself. This addition would sit on a densely wooded area of land. All these trees would need to be cleared for this addition to be built. I believe that Eagan has a policy with its contractors as to the ratio of how many trees are removed to how many trees will be replaced. I see nothing to indicate that Mr. Swenson plans on replacing any of these hundred year old trees. Furthermore, the density of this housing project is far greater than any area around it. He has used the minimum lot size allowable to fit as many homes as possible into this addition. It is quite clear to me that Mr. Swenson has one thing in mind and that is to make money. He obviously does not care about the community or its long time residents which is shown in his obvious disregard for the members of the Zehnder Acres Addition by his plans to destroy our pond as well as his desire to jam as many houses as possible into the Kennerick Addition. I could go on with many, many more problems and objections that I have to this housing project but I am sure you will be able to review the minutes from the Planning and Zoning Commission meeting as well as hear the input from the other concerned neighbors in my community. Please help my neighborhood by concurring with the Planning and Zoning Commission and voting down this housing project. Mr. Swenson needs to solve the problems of the Kennerick Addition WITHIN that addition and not by destroying another neighborhood in the process. Make him be held accountable to the high standards of quality of life that Eagan stands for and listen to the voice of the residents of Eagan. Thank you for your consideration on this matter. Sincerly, Anne Doblar 68' City of Eagan Planning Department Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 To Whom It May Concern, May 19th, 1999 I would like to inform you that a potential development in the northwest section of Eagan, to be called "Hidden Oaks Addition", being proposed by Brad Swenson of TriLand Companies, encompasses land on which an active red-tailed hawk nest sits. I have learned from the U. S. Fish and Wildlife Service at Fort Snelling that red-tailed hawks are a federally protected species of birds through the Migratory Birds Treaty Act, an International Treaty between North, South, and Central American countries. It violates federal law to destroy an active nest. Although the red-tailed hawk is a migratory species, this particular family has maintained it's nest year round through the past several mild winters. I am able to see the hawks sitting in their nest throughout the winter from my windows. Although leaf coverage prevents me from seeing the hawks in their nest during the summer months, it is a unique experience to be able to watch and listen to the parent birds train their young to hunt each spring. There have been as many as eight of these huge birds sitting in the tree right outside my living room windows during the summer. It is an incredible sight. I do not know specifically where the tree with the red-tailed hawk's nest sits in relation to the proposed development, but I fear that the tree may fall within the area of the proposed cul-de-sac in the planned development. I believe that the tree should be singled out within the survey so that it is protected. I have lived in Eagan for 13 years, having last lived in Stacy, Minnesota. Even though I lived on several acres at that time, I did not get to enjoy as much wild life as I have living here in Eagan, most likely because of my close proximity to the Mississippi and Minnesota River Valleys. I believe it would be a great loss for Eagan to lose its red-tailed hawks. Sincerely, Gail McMahon 1429 Lone Oak Road 651-454-5604 cc: U.S. Fish and Wildlife Services, Migratory Birds Div., Fort Snelling DNR, State of Minnesota Brad Swenson, TriLand Companies John Roach, Attorney at Law Todd Chase and Mitsy Lutz 1459% Lone Oak Road Eagan, MN 55121 Mayor Pat Awada 3830 Pilot Knob Road Eagan, MN 55121 May 26, 2000 Dear Mayor Awada, We are writing to you to voice our concern about the proposed Kennerick Addition near the intersection of Lone Oak Road and Pilot Knob Road. We live in the neighborhood being affected, specifically along the pond. The plans for this development calls for 19 houses to be situated on approximately 8% acres, with each lot just meeting or barely exceeding the Eagan minimum lot size requirement of 12,000 square feet. Yes, this meets the requirement, but it violates the ambiance of the existing neighborhood. Our neighborhood consists of lots of approximately 1 acre each. We share the neighborhood with many of our wild friends — deer, geese, ducks, foxes, egrets, owls — just to name a few. Many of these creatures will be displaced because of this development. The wooded view from many of the current homes is also at jeopardy. A development of any size can only negatively impact a natural area. We are asking for consideration to allow the development, but for it to be in harmony both with the natural surroundings, and with the existing neighborhood. Additionally, we have a pond that would be at risk by the Kennerick Addition. Discussions have indicated the pond may need to be enlarged to accommodate the increased run-off from the development. Ponds are a delicate ecosystem and a careful balance must be maintained. The very process of trying to enlarge the pond may result in the opposite. If the pond "bottom" is damaged, the water may drain away. There is concern for the other extreme of the pond — flooding of existing homes located around the pond from the increased run-off. To address this, there is discussion about installing a drainpipe. If a drainpipe is deemed necessary, the cost should be borne by the developer, since he is the one receiving the financial gain from the development. An alternative is for the cost of the assessment be spread across the new homeowners in the development. Currently, the existing homeowners do not have a problem with excessive water in the pond. At the least, the current area homeowners should not have to bear the cost of an assessment which is not needed per status quo. If the change is creating the need for the drainpipe, the one inducing the change should fund the cost. By turning this neighborhood into a development, you are approving the destruction of a way of life, not only for the human residents, but also for the wildlife that we must respect. We have a unique quality of life in our neighborhood. We are close to the hustle and bustle of city life, yet we have the feel of being in the country. People seek this out. There is a need and a demand for neighborhoods like this in Eagan. The argument of trying to control urban sprawl by increasing the density of a neighborhood does not make sense. The more dense you allow this neighborhood to be, the more you drive current citizens away. By compressing 19 homes into this neighborhood, this development would reinforce urban sprawl, rather than counteract it. Why not let the neighborhood maintain the look and feel" it has with 1 -acre Tots? Because of tax revenue, right? The more houses, the more tax dollars for Eagan. Why not leave as part of your legacy to Eagan a neighborhood which is different from every other development? This would be a neighborhood sought out for it's unique country feel. We ask you to make your decision with your environmental conscience and to respect the current residents. We ask you not to base your decision on the tax revenue several more houses will provide. The impact of this decision is forever. Best regards, `'-r\()' Todd Chase and Mitsy Lutz 651-454-5413 sx-A+4.c TO: COMMUNITY DEVELOPMENT DEPARTMENT - City Of Eagan FROM: Dale and Suzanne Naatjes 1455 Lone Oak Lane Eagan, Minn. 55121 (651) 452-2087 SUBJECT: Kennerick Addition Preliminary Subdivision. City Case No. 04 -PS -09-04-99 DATE: June 9, 2000 Dear Members of the Development Department: We are submitting this letter to voice our opposition to the proposed Kennerick Addition comprising Lot 4, and parts of Lots 5, 6, 7, and 8 of Zender Acres which is planned for our neighborhood. The proposal for this development was heard by the Eagan Planning Commission on April 25, 2000. At that time many residents of the neighborhood, including us, expressed various concerns regarding the proposed development. In consideration of this development, it should be noted that it impacts a unique area within the City of Eagan. The area proposed for development has a wetland area including a pond as a boundary. Of special concern to us is that this wetland and pond is legally a part of our property which is a part of Zender acres. The proposed development would, in its present form, entail modifications to the wetland and pond, which are potentially detrimental to us in terms of both actual and aesthetic property values. Additionally it advances the prospect of encumbering us with an assessment for a "public improvement" in the form of a pond outlet pipe necessitated by the increased storm water runoff resulting from the development. The area proposed for development, and the adjacent wetland, is special and unique in that it comprises a wildlife habitat and Targe area of trees presently absent of housing. The pond is located to the rear of our residence. Our view across the pond is currently unspoiled by the presence of any buildings. The attached photograph depicts the natural beauty of the area, which the development would disrupt. Toward the left side of this scene, the area of the cul-de-sac indicated in the proposal, deer frequently emerge for their walk down to the pond. Ducks of several varieties and a pair of geese make the pond their home as does a muskrat family. Eagles and Hawks habituate the area, roosting confidently in the trees above the pond, now remote from any housing. We believe that this undeveloped area is an asset not only to our neighbors and us but to the City and County as well and should not be fundamentally changed, as would be the case if the development were to proceed as proposed. The developer has indicated his intention to make changes to the wetland area to accommodate additional runoff. His statements in this regard have been contradictory. At an introductory neighborhood meeting he indicated his intention to develop, as a residential property, a part of Lot 8 of Zender Acres, which is not defined as part of the proposed development. This property is located immediately across the pond from our house and those of the other residents of Lone Oak Lane. Development of this lot, in addition to the proposed development would leave little intact of what is now the natural area above the Southeast side of the pond. When pressed by the planning commission to provide details of his plans for the pond, the developer indicated that this property would be used to accommodate a "holding pond" for storm water runoff from Lone Oak Road. Although use of this property as a holding pond only would probably be beneficial - we regard the presence of a residence at this location with the same distaste as the actual development under consideration, since it would spoil what is now a lovely natural view. It should be noted that this property, and the area proposed for the location of the cul-de-sac homes of the development, are adjacent to very steep gradients rising from the pond. In conjunction with removal of trees to provide for development, erosion of soil into the pond to the point of its destruction would appear to be a distinct possibility. Apart from our intense concerns regarding the wetland and pond, we also feel that the density of the proposed development is inappropriate for its designated location that is surrounded by properties with significantly larger sized lots. The specious rationale provided by the developer for the proposed development style is that "no one can afford more expensive homes" Many troubling questions related to this development remain unanswered - either by the developer, or by the City planners and Engineers: 1. Who would bear the cost of a pond overflow pipe? Should the neighboring residents be asked to pay for a "Public Improvement" necessitated by a development that diminishes the actual and aesthetic value of their properties? 2. What is the actual "wetland delineation" associated with our pond? Will it be determined before any final approval decision by the city council? Will the City conduct a study to determine whether the delineation submitted by the developer is valid? 3. What is the actual City storm water drainage plan for the impacted area? The developer claims to know however the City engineering office has neither confirmed nor refuted his definition. 4. What is the developer's actual intention for development of the part of lot 8 of Zender Acres (which is not a parcel defined within the proposal) that he now says would be converted to a holding pond? Can use of this parcel as a holding pond (potentially beneficial as an improvement over the present implementation for runoff from Lone Oak Road which results in the depositing of eroded soil into the pond) to the exclusion of development as a residence, be made a condition for approval of the overall development? 5. Will engineering studies be provided to indicate that erosion of the steep slopes above the pond will not occur in the absence of retaining structures which those of us who now view only trees across our pond would find extremely objectionable? 6. What responsibility would the developer have for the disappearance or relocation of the pond as a consequence of his activities to "expand the wetland"? He indicated in discussion with Lone Oak Lane residents that disruption of the pond could result in disappearance of the pond water into the soil. We suggest that installation of a pond (clay) liner - cost to be borne by the developer - be made a condition of approval of the development and that the developer assumes liability for destruction of or relocation of the pond. We would view approval of this ill-conceived development with profound regret. We and the other residents of the adjacent area would lose an important part of what we valued in our properties when we purchased them as well as tangible financial loss in resale. The City would lose the chance to preserve - in tact - a unique natural area, which is an asset to Eagan as well as the neighboring residents. d,„..tt s4,,i0-4-4 Kelly and Lynn Storla 1431 Lone Oak Road Eagan, MN 55121 June 13, 2000 Mayor Pat Awada 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Awada, We are writing to make you aware of our concerns regarding the proposed Kennerick Addition off of Lone Oak Road. Our home borders the south side of the proposed development and for many years we have enjoyed the wooded area, privacy and wildlife, which includes numerous deer, rabbits, fox, ducks, geese and a Red -Tailed hawk family. The Kennerick Addition threatens all of this and more. In addition to the affect this development will have on these things, there is a protected wet land to the west of us, which will be adversely impacted by the development. The developer, Mr. Swenson, plans to have each of the existing property owners be assessed for any costs to "improve" the wetland/pond ( the developer plans to dredge the pond and make a holding reservoir for all the drainage water that runs off from the development). We are strongly opposed to this because we don't see this as an improvement and therefore don't feel that we should have to pay for it. Furthermore, the development proposes that each new home be built on lots that measure only about 12000 square feet. A number that the city acknowledges as the absolute bare minimum they will allow for a residential home. This aggressive density is not in keeping with the existing established, mature neighborhood. The majority of existing homes sit on lots that are one-half acre or greater. It is very obvious that Mr. Swenson is in this for one reason - to make money, with little or no regard to our neighborhood. We hope that we can count on your support and that you will send a message to Mr. Swenson by voting NO - against the development just as the Eagan Planning and Zoning Commission did. The time has come to make developers accountable for creating developments that complement the existing neighborhoods and that do not have such an adverse impact on the community, its vegetation and wildlife as this proposal does. Sin erely, nn 14ti-ka---- ynn and Kelly Storla '2V June 16, 2000 Mayor Pat Awada 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Awada, I am writing to you to voice my concerns over the proposed Kennerick Addition development involving sections of Zehnder Acres in the northern part of Eagan. While I am one of the land owners who has had to sign on to the project, I have concerns regarding future assessments that may come about as a result of changes to the pond that lies to the west of the development. The pond in question is a federally designated wetlands area that will be affected by water runoff from the new development. In order to accommodate the increased runoff, Tri -land Surveying Company, Inc., the developing company, is having an environmental assessment done that will suggest needed changes to the pond area. Discussion at the first public meeting regarding this proposed development included reference to upcoming assessment costs. It was indicated that these assessment costs may be incurred not only by the new tenants in the development, but also by all those homeowners whose land currently drains into the pond. This would include my home and land. When the city was contacted by neighbors, they were told that all assessment costs for similar projects were calculated according to square footage of a homeowners lot. Since I will have one of the largest lots in the development, my costs could be greatest, yet I am not benefiting from these changes. In fact, I stand to incur many costs related to changes that will be made to my lot during the development process, that I already don't know how I will pay for. In the past 14 years, my property has not created any problems to the pond. I have been very conscious of potential damage to the beauty of the pond and surrounding area which I have considered a great asset to living in Eagan. I have not even chemically fertilized my yard for fear of runoff damage. Therefore, any changes that occur now will be strictly as a result of the new development. I believe that the developer should be responsible for all costs for any changes that occur in the wetlands area. If he then wants to incorporate that cost into the price of the lots he is selling, he is able to do that. The cost of the assessments will put me out of my home. I am a single person without much play in my financial picture at the present time. Assessment costs would definitely create a hardship for me. 12s As a constituent of yours, I also must express my concern to you regarding the proposed housing density of the development, which has continued to increase throughout my dealings with Tri -land Surveying Company, Inc. I believe that as an elected official for Eagan, you would be interested in the esthetics of the area as much as I am. While the developer has met Eagan's minimum requirements for lot size, decreasing the number of lots by even a few would make a big difference to myself and probably my surrounding neighbors as well. It could make a difference to the wildlife and ecological balance of the area. I urge you to recognize the issues I am presenting and hope they can be resolved to everyone's satisfaction. Sincerely, cZ-(je- Gail McMahon 1429 Lone Oak Road Eagan, MN 55121 651-454-5604 Bradley J. Swenson P.O. Box 22039 • Eagan, MN • 55122-0039 • (612)452-7850 December 1, 2000 Pam Dudziak Planner City of Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122-1897 Subject: Kennerick Addition -Ownership Change Dear Pam, It is the purpose of this letter to inform you of ownership changes within the boundary lines of the preliminary plat known as Kennerick Addition. I have purchased all real estate holdings that Kenneth Erickson, Carol Erickson and the Estate of Anna Erickson held in association with the above noted preliminary plat. I have provided copies of the respective warranty or quit claim deeds as proof of purchase. Respectfully submitted, LkeANO-vr Bradley Swenson 9 1 2CjCO Kelly and Lynn Storla 1431 Lone Oak Road Eagan, MN 55121 November 28, 2000 Mayor Pat Awada Members of the Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 RE: Proposed subdivision, Kennerick Addition Dear Mayor Awada and Council Members: Over the course of the past couple years, we have attended or been involved in City meetings as well as neighborhood meetings discussing Kennerick Addition. Issues of concern with this project included density and potential pond damage. We would like to take this opportunity to commend the Developer, Brad Swenson, for working to reach compromises in developing a revised plan for Kennerick. His plan, as it now stands, alleviates all our concerns including those noted in our letter to you of June 13, 2000. We now support the existing plan as we feel all issues have been addressed in a fair and appropriate manner. Sincerely, /7n Pi K LL S7`cvt'i._— Lynn and Kelly Storla Agenda Information Memo December 4, 2000 Eagan City Council Meeting XI. NEW BUSINESS A. FINAL PLANNED DEVELOPMENT (REZONING) AND PRELIMINARY SUBDIVISION (CRANE CREEK ADDITION) — WENSMANN REALTY ACTION TO BE CONSIDERED: D To approve a Final Planned Development (rezoning from R-1, Residential Single Family and R-4, Multiple Residential to PD, Planned Development) to allow the construction of 64 townhomes (within 17 buildings) upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast 1/4 of Section 12). > To approve a Preliminary Subdivision (Crane Creek Addition) consisting of 65 lots upon a 14.1 acre parcel located south of Trunk Highway 55 and east of Rita Court (within the northeast 1/4 of Section 12). FACTS: > At its regular meeting on September 5, 2000, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Final Planned Development and Preliminary Subdivision request of Wensmann Realty to be considered at the,September 19, 2000 regular Council meeting. ➢ At the applicants request, this item was continued from the September 19, 2000 City Council meeting to the October 17, 2000 meeting to allow the applicant's additional time to address traffic related concerns cited by City Officials and neighboring residents. ➢ In an attempt the address traffic related concerns associated with the development proposal, the applicants have acquired an adjacent single family residential parcel of land (595 Chapel Lane) for the purposes of providing a secondary access to the subject site. > In consideration of the proposed site plan changes, the City Council (at their October 17th meeting) referred the item back to Advisory Planning Commission for consideration > At their regular meeting on November 28, 2000, the Advisory Planning Commission held a public hearing to consider the Preliminary Planned Development and Preliminary Subdivision and recommended approval subject to the conditions listed in the APC minutes. ISSUES: ➢ In response to various concerns, the APC made a motion to approve the Planned Development with the following additional conditions to the staff report dated November 16, 2000: 13. A stop sign shall be installed at the Chapel Lane access to the site. 14. The developer shall meet with City staff and the neighboring property owners prior to final approval of the Landscape Plan. ATTACHMENTS (2): November 28, 2000 APC Meeting Minutes pages 81 through gy Staff report, pages through /0, Advisory Planning Commission November 28, 2000 Page 2 OLD BUSINESS REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — WENSMANN REALTY, INC. Planner Kirmis introduced this item and highlighted the information in the planning report dated November 16, 2000. He stated that the Advisory Planning Commission and City Council previously considered this application this past summer. At such time, the development site was accessed solely via the T.H. 55 frontage road. In an attempt to address the traffic related concerns associated with the development proposal, the applicants acquired an adjacent single -family residential parcel of land for purposes of providing a secondary access to the subject site. Because of the revised development plan, the City Council directed the application back to the Advisory Planning Commission for consideration. Terry Wensmann, Wensmann Realty, discussed the new access plans. He also discussed plans for a sidewalk that will allow access to the park. He stated that with the addition of the sidewalk, he does not feel the fence on the south side of the property, suggested by the Commission at their last review, would not be necessary. Chair Heyl opened the floor for public comment. Five residents spoke expressing their concerns over street width, increased traffic, screening (to prevent headlights shining into homes), installation of a stop sign on Chapel Lane, and speed limits. There being no further comment, Chair Heyl turned the width discussion back to the Commission. Chair Heyl asked Assistant City Engineer Gorder to discuss the size of Chapel Lane. Chair Heyl asked Mr. Wensmann about the setback from Chapel Lane to the adjacent homes. Mr. Wensmann stated there is a 44 foot setback from the curb to the property line on both the east and west side of the proposed street. Mr. Wensmann also stated that a stop sign and street lighting will be installed. He further reviewed the proposed landscape plan and stated he is willing to work with the residents regarding the placement of trees for screening from traffic. Chair Heyl stated she feels that the previous access problems have been resolved. She also stated that the combined Landscape/Tree Preservation Plan appeared acceptable but suggested that a condition be added to include that the developer work with the individual neighbors in the field at the time of installation. Member Tilley expressed concern over traffic onto Highway 149. She also stated she feels there needs to be a play area within the development. Advisory Planning Commission November 28, 2000 Page 3 construction of 64 townhomes (within 17 buildings) upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast 1/4 of Section 12) subject to the following conditions: 1. The property shall receive final subdivision approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. 3. The following exhibits are required for the Final Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA. 5. The developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area. 6. All trash handling and recycling receptacles shall be located indoors. 7. Additional landscaping (plantings, berms, fencing or combination thereof) shall be provided between the proposed Chapel Lane access and the adjacent single family homes. The developer shall work with property owners of the abutting development at the intersection of Chapel Lane and Highway 55 to buffer their property from traffic. 8. All site signage shall comply with applicable provisions of the City Sign Code. 9. All on-site street lighting shall be hooded and directed to deflect light away from adjacent properties. 10. An undisturbed and =maintained buffer extending at least 30 feet back from the delineated boundary of the wetland shall be preserved. 11. An unobstructed fire lane not less than 20 feet in width shall be maintained within the development. Such fire lane shall be signed as deemed appropriate by the Fire Marshal. 12. To add additional visual interest and character to the townhome structures, contrasting window trim shall be provided. Advisory Planning Commission November 28, 2000 Page 4 12. To add additional visual interest and character to the townhome structures, contrasting window trim shall be provided. 13. A stop sign shall be installed at the Chapel Lane access to the site. 14. The developer shall meet with City staff and the neighboring property owners prior to final approval of the Landscape Plan and that the developer shall work with the neighbors at the time of installation. A vote was taken on the motion. Aye: 6 Nay: 1 Member Tilley opposed. Member Huusko moved, Member Nosbush seconded a motion to recommend approval of a Preliminary Subdivision (Cane Creek Addition) to allow the creation of 64 unit lots and one base lot upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast 1/4 of Section 12) 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: B1-4, Cl, 2, 4, D1, E1 2. The proposed retaining walls shall be constructed with a protective barrier fence installed along their top elevations. 3. This development shall construct an outlet skimmer and piping system in accordance with City standards from the water quality basin to Pond GP -2. 4. The water main system shall be looped and extended to the east boundary of the site for possible future service of Parcel 020-03. 5. The private street shall be stubbed to the east edge of the development for future connection by possible development of Parcel 020-03. 6. Public right-of-way to accommodate the Hwy. 55 frontage road shall be dedicated on the final plat. 7. If the property owner of Parcel 020-03 is agreeable to accepting a private street access easement covering the private streets within the Crane Creek development for possible use with future development of Parcel 020-03, the applicant shall prepare and record the easement subject to review and approval by the City Attorney. 8. An unobstructed fire lane not less than 20 feet in width shall be maintained within the development. Such fire lane shall be signed as deemed appropriate by the Fire Marshal. 9. This development shall be responsible for a cash parkland and cash trails dedication. ?_3 Advisory Planning Commission November 28, 2000 Page 5 10. The applicant shall submit and the City Attorney shall review and approve Homeowners Association by-laws pertaining to Lot 65 (the development's common area). 11. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 12. The stormwater pond shall be constructed to treat 6.6 acres of the site area. It shall contain a minimum wet -pond volume of 0.65 acre-feet and should have a minimum area of 0.28 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 13. In lieu of ponding to treat stormwater from 4.2 acres of the site, a cash dedication of $5,967.00 shall be required. 14. To minimize nearby impacts, the development shall be set back at least 30 feet from the edge of the delineated boundary of the wetland. During and after construction of the development, a minimum 30 foot wide buffer of natural undisturbed vegetation along the delineated boundary of the wetland shall be maintained. 15. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down -gradient resources and water quality. 16. The applicant shall be required to install one hundred ten (110) Category B trees as fulfillment of the City of Eagan Tree Preservation Ordinance requirements. 17. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 18. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. A vote was taken on the motion. Aye: 6 Nay: 1. Member Tilley opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 16, 2000 CASE: 12-RZ-08-07-00 12 -FD -12-07-00 12 -PS -11-07-00 APPLICANT: Wensmann Realty HEARING DATE: November 28, 2000 PROPERTY OWNER: J. G. Sander PREPARED BY: Bob Kirmis REQUEST: Preliminary Planned Development/Final Planned Development and Preliminary Subdivision LOCATION: South of Highway 55 and east of Rita Court (NE '/4 of Section 12) COMPREHENSIVE PLAN: D -III, Mixed Residential (6-12 units/acre) ZONING: R-4, Multiple Residential SUMMARY OF REQUEST Wensmann Realty is requesting approval of a Preliminary Planned Development (rezoning from R-1 and R-4 to PD) and Preliminary Subdivision to allow the construction of 64 townhomes (within 17 buildings) upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast 1/4 of Section 12). Approval of the requested Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. The rezoning of the property to a PD, Planned Development designation is necessary to accommodate a proposed private street system and associated lots without public street frontage. AUTHORITY FOR REVIEW 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; Planning Report — Wensmann Realty November 28, 2000 Page 2 (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." Subdivision City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. 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. 86 Planning Report — Wensmann Realty November 28, 2000 Page 3 K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY In the summer of 1988, the City approved a preliminary plat for the subject property entitled "Crystal Ponds Addition". The development proposal called for the construction of 15 individual buildings providing a total of 137 dwelling units. Final plat approval was never obtained. In the winter of 1991, the City received a preliminary plat application for the subject property entitled "Burrview Pond Addition" The development proposal called for a total of 132 apartment units within a single building. While the APC recommended approval of the preliminary plat, the City Council continued the request indefinitely pending the receipt of recommendations from the Minnesota Department of Transportation (MnDot) concerning traffic safety and the frontage road that serves the property. In review of the matter, MnDot suggested a number of access related options to accommodate development including the improvement of the frontage road to state specifications or turning the road back to the City's jurisdiction. Ultimately, no formal action was taken on the preliminary plat. In January of 1999, the City received a planned development application "Windsor Estates" that called for the construction of 119 rental townhomes on the property (within 11 buildings). While the development was subject to review and recommendation by the Advisory Planning Commission, the application never proceeded on to the City Council and was later withdrawn. The Advisory Planning Commission and City Council previously considered this particular application (64 dwellings within 17 buildings) this past summer. At such time, the development site was accessed solely via the T.H 55 frontage road. In an attempt the address traffic related concerns associated with the development proposal, the applicants acquired an adjacent single family residential parcel of land (595 Chapel Lane) for purposes of providing a secondary access to the subject site. Because the revised development plan constitutes a significant change from the previously submitted plan (in terms of building layout and traffic distribution), the City Council directed the application back to the Advisory Planning Commission for consideration. Planning Report — Wensmann Realty November 28, 2000 Page 4 EXISTING CONDITIONS The subject site is comprised primarily of open grassland. Several mature tree stands do exist along a pond located in the northeastern portion of the property. The site slopes from southwest to northeast toward the pond. The topography change from southwest to northeast is approximately 55 feet. The site is accessed from the north via the TH 55 frontage road and Chapel Lane from the south. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential; zoned A, guided RR, Rural Residential South - Single Family Residential; zoned R-1, guided D -I (0-3 units/acre) East - Commercial, zoned GB; and guided D -III (6-12 units/acre) West - Single Family Residential; zoned R-1, guided D -I (0-3 units/acre) EVALUATION OF REQUEST Planned Development Compatibility with Surrounding Area - The subject site is bounded on the north, south and west by single family residential uses. Property to the east is commercial in nature but guided for mixed residential use. Provided steps are taken to minimize impacts upon adjacent single family residential uses, the proposed use is not anticipated to adversely affect surrounding properties. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in its Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject Noise Zone IV. In this noise zone, a multi -family residential use is considered provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA as compared with a noise level of 60 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 15 dBA (DNL level minus required dBA level). Additionally, the developer should ensure that subsequent owners and managers inform prospective residents that the subject property is within an aircraft noise impact area. ir Planning Report — Wensmann Realty November 28, 2000 Page 5 Site Plan - As shown on the submitted site plan, the subject property is provided access from the north via the TH 55 frontage road and the south via Chapel Lane. A provision has also been made for a future easterly access (to Louis Lane) which would likely be provided when the abutting easterly property develops. The proposal consists of 64 townhomes within 17 buildings to be developed in a single phase. Thirteen of the proposed 17 townhouse buildings contain four units while four structures are proposed to have three units. All proposed units will have two bedrooms and two -stall garages. Base square footages range from 1,170 for a split entry home and 1,200 for two story plans. The applicant has indicated that home prices will range from $140,000 to $190,000 with an average home being priced at $150,000. In response to the site's wetland location (and adjacent mature vegetation) the townhome buildings have been concentrated in the southwestern area of the site. Density Calculation - The subject site has a gross area of 14.05 acres. Subtracting the 2.93 acre wetland which exists on the site, a net site area of 11.12 acres exists. The City Code allows a wetland credit of 10% of the net area of the site to be added to the net area calculations. Adding this 10% credit, a net site area of 12.23 acres results. The submitted development plan includes a frontage road right-of-way dedication of 6,000 square feet. Thus, a net site area of 12.06 acres has been utilized for the purpose of density calculation. With a total of 64 units being proposed upon 12.06 acres, a net density of 5.4 dwelling units per acre has been proposed. This is slightly less than the D -III density guidelines of the Comprehensive Guide Plan which call for a range of 6 to 12 units per acre. Setbacks - While the Zoning Code does not have specific setback requirements for a Planned Development, the R-3, Residential Townhome setback provisions are considered an appropriate guideline. Within R-3 districts, a minimum 30 foot rear yard setback is imposed. Excepting Lots 33 and 51 (which exhibit 25 foot setbacks), all proposed townhome buildings have been found to comply with the perimeter setback requirements of the R-3 zone. The acceptability of the 25 foot setbacks is considered a policy matter to be determined by City Officials. A minimum setback between buildings of 20 feet has been proposed and is considered acceptable. Off -Street Parking - The Zoning Code requires two parking stalls, at least one enclosed, for each dwelling unit. Utilizing this requirement, a minimum of 128 off-street parking spaces (64 of which are enclosed) is required of the proposed use. The submitted site plan calls for 128 enclosed (garage) stalls, 128 off-street (driveway) stalls and 18 "visitor" stalls (scattered throughout the site). Thus, off-street parking supply requirements have been satisfied. All off-street parking stalls have been found to comply with minimum dimensional requirements of the City. 8'9 Planning Report — Wensmann Realty November 28, 2000 Page 6 Building Height - While the Zoning Code does not have specific height requirements for a Planned Development, the R-3, Residential Townhome height provisions are considered an appropriate guideline. The proposed townhome buildings measure a maximum of two stories in height and comply with the maximum three-story requirement applied in the parallel R-3 zone. Building Materials - The proposed townhome structures are to be finished in brick and vinyl siding. While brick color has not been specified, the applicant has indicated that the vinyl siding will be either gray or taupe tones. While the general appearance of the structures is considered positive, it is suggested that contrasting window trim be provided to add additional visual interest and character. Building Coverage - While the PD zoning district does not establish a maximum building coverage requirement, a maximum 20 percent requirement is commonly imposed upon similar multiple family residential uses. With a building coverage of 15.6 percent, the proposed development complies with this standard requirement. Site Circulation - The proposed interior site circulation system is considered acceptable. Provision has been made for an ultimate connection to Louis Lane to the east which will likely occur at such time when the easterly property develops. Fire Lane Requirement - According to the Fire Marshal, an unobstructed fire lane not less than 20 feet in width must be maintained within the development. Such fire lane should be signed as deemed appropriate by the Fire Marshal. Signage - A monument sign has been proposed in the northeast area of the site near the entrance to the property. According to the applicant, the sign will be constructed of brick and/or stone and will be maintained by the homeowners association. As a condition of Final PD approval, all site signage should satisfy all City Sign Code requirements for size, setback and height. Landscaping - Generally speaking, the landscaping plan is considered acceptable. Various types of landscaping have been proposed throughout the site including its southern and western boundaries adjacent to single family residential uses. Specifically, Black Hills Spruce and Scotch Pine trees have been proposed in the southwest corner of the site as a visual screen/buffer. To further minimize impacts of the proposed use, it is suggested that additional landscaping (plantings, berms, fencing or combination thereof) be provided between the proposed Chapel Lane access and the adjacent single family homes. Lighting - As shown on the submitted site plan, a segment of the proposed private street is to lie alongside existing single family residential development to the south. In recognition of this, it is important the lighting used to illuminate the roadway be located and be of a type which will not negatively impact such properties. In this regard, on-site all street lighting should be hooded and directed to deflect light away from adjacent properties. 9a Planning Report — Wensmann Realty November 28, 2000 Page 7 Trash - As a condition of Final Planned Development approval, all trash and recycling containers should be stored indoors. Preliminary Subdivision Lots - The northerly 13.7 acres of the subject site currently is =platted. The southernmost part of the site is currently platted as Lot 10, Block 1, Burrview Acres. To accommodate the proposed development, the platting of the property into a base lot and 64 unit lots has been proposed. In the case of townhome developments, the Code stipulates that the area owned in common must have not less than 50 feet of frontage on a publicly dedicated street. Such frontage requirement has been met. Grading - The preliminary grading plan is acceptable. The site has large variations in topography with elevations ranging from approximately 864 along the south edge to 810 at the wetland in the northeast corner. Segmental block retaining walls are proposed in the rear yards of Lots 12-28 adjacent to the wetland and near Lot 33 along the south edge of the development. These walls should be constructed with a protective barrier fence installed along their top elevations. Storm Drainage - The preliminary storm drainage plan is acceptable with some modifications. A majority of the storm water runoff from the development will drain via storm sewer to a new water quality pond near the Hwy. 55 frontage road in the northwest corner of the site. This storm pond will discharge into Pond GP -2, the existing wetland on the site. Storm water runoff that reaches Pond GP -2 is pumped to the south to Burr Oak Pond via an existing lift station. This development should construct an outlet skimmer and piping system in accordance with City standards from the water quality pond to Pond GP -2. Utilities - The preliminary utility is acceptable with some modifications. Sanitary is available within the Hwy. 55 frontage road right-of-way for connection and extension through the development. The existing water main system in the area is not of adequate size to provide emergency fire flows unless the development's water system is "looped" or connected to the existing system in two locations. The proposed water main system connects to the existing water main within the Hwy. 55 right-of-way, extends through the development, across Lot 10, Burrview Acres and connects to the water main within existing Chapel Lane south of the site. The developer should also extend water main to the east boundary of the site for possible future service of Parcel 020- 03. The developer should obtain all necessary public drainage and utility easements to accommodate the looped water main construction. If the developer petitions the City to construct any of the necessary water main loops as a public improvement, the project should be approved by the City Council prior to final subdivision approval for this development. 9/ Planning Report — Wensmann Realty November 28, 2000 Page 8 Streets/Access/Circulation - Access for the development is proposed via private street that intersects with the Hwy. 55 frontage road in the northwest corner of the site. Access is also provided from a private street (via Lot 10, Burrview Acres — 595 .Chapel Lane) that will connect to Chapel Lane to the south. The private street is also shown on the site plan to be stubbed to the east edge of the development for future connection to Louis Lane by possible development of Parcel 020-03 (Schaaf Construction property). Future development of Parcel 020-03 would then connect this private street to Louis Lane near Hwy. 55, thereby providing further vehicle circulation and access for the development. The private street within Crane Creek will be subject to access easement requirements as detailed below in the Easements/Permits/Right-of-Way section of this report. The Hwy. 55 frontage road (from Hwy. 149 to Hwy. 55) lies within MnDOT right-of-way but is maintained by the City and and has been recently upgraded under City Project No. 749. The upgrade from a rural to an urban section street provides for a 28 -foot wide (face-to-face of curb) roadway with a cul-de-sac "bubble" adjacent to this development. Under this project, direct access from the frontage road onto Highway 55 was eliminated, in accordance with the Highway 55 Access Management Plan approved by the City Council. Easements/Permits/Right-of-Way - Public right-of-way to accommodate the Hwy. 55 frontage road should be dedicated on the final plat. If the property owner of Parcel 020-03 (Schaaf Construction) is agreeable to accepting a private street access easement covering the private streets within the Crane Creek development for possible use with future development of Parcel 020-03, the applicant should prepare and record the easement subject to review and approval by the City Attorney. Tree Preservation - The tree inventory indicates that there are one -hundred fifteen (115) significant trees on site. The balance of the inventory is comprised of aspen, willow, black cherry, cottonwood and ash trees with diameter ranges from 12" to 20". There are also 146,000 square feet (3.4 acres) of significant woodlands on site. The woodlands are comprised of softwood and hardwood deciduous trees in the diameter range of 4" to 12". The site also has many smaller diameter (less than 4") deciduous trees scattered over it, however this vegetation does not meet the classification of significant trees or significant woodlands and therefore is not included in the submitted inventory. The development as proposed will result in the removal of ninety (90) significant trees (78.3% of the total), and in the removal of 67,075 square feet of significant woodlands (45.6% of the total. According to the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development proposal (single-phase multiple -unit residential) is set at 47.5% of the total significant vegetation. With a proposed significant tree removal greater than the allowable amount, there will be required tree mitigation for this proposal. The required tree mitigation calculates to fifty-five Category A trees or one hundred ten (110) Category B trees or two - hundred twenty (220) Category C trees, or an equivalent combination of the three categories. The applicant has submitted a Tree Preservation (Mitigation) Plan that shows the installation of 9� Planning Report — Wensmann Realty November 28, 2000 Page 9 one hundred ten (110) Category B trees as fulfillment of tree preservation ordinance requirements. Water Quality - This 14.1 -acre development is proposed to be located in the City's G -watershed. All stormwater runoff from the development eventually will enter Bur Oak Pond, a Class II (Indirect Contact) waterbody in the northeast corner of Eagan. To meet water quality requirements, the developer proposes to direct runoff from 6.6 acres of the site to a constructed treatment pond that will drain to GP -2, which is a natural wetland on the site. Untreated stormwater from 4.2 acres of the site is proposed to drain either directly to the wetland or off-site into the existing stormwater system. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of 42.9 percent, a minimum wet -pond volume of 0.65 acre-feet covering a minimum area of 0.28 acres would be needed to treat the stormwater generated by 6.6 acres of the development. The pond would need a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. The outlet structure of the pond would need to be consistent with City of Eagan standards. A cash dedication in lieu of ponding would be required for untreated stormwater draining from the remaining portion of the development. To treat 6.6 acres of the development, the developer proposes a stormwater pond with a wet - volume of 0.72 acre-feet (versus the minimum of 0.65 acre-feet). The developer proposes the stormwater pond to have a surface area of 0.22 acres (versus the minimum of 0.28 acres), to preserve some of the trees between the pond and the wetland. Wetlands - The developer is proposing not to disturb the 2.9 -acre natural wetland located along T.H. 55 in the northeast portion of the site. To minimize nearby impacts, the development would need to be set back at least 30 feet from the edge of the delineated boundary of the wetland. During and after development, a minimum 30 - foot wide buffer of natural undisturbed vegetation along the wetland would need to be maintained. Erosion Control - In several areas of this development, particularly to the northeast along a portion of the wetland, the topography of the site would require proper installation and effective maintenance of erosion control practices to prevent and minimize soil loss and impacts to down - gradient resources and water quality. Parks and Trails - This development will be responsible for a cash parkland and cash trails dedication. 93 Planning Report — Wensmann Realty November 28, 2000 Page 10 SUMMARY/CONCLUSION In response to access issues raised by the City Council and neighbors, the applicant has redesigned the site layout and acquired additional property to accommodate a secondary access. The proposed use and design appear compatible with existing and anticipated surrounding uses. ACTION TO BE CONSIDERED A. To recommend approval of a Preliminary Planned Development (rezoning from R-1 and R-4 to PD) to allow the construction of 64 townhomes (within 17 buildings) upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast 1/4 of Section 12). If approved, the following conditions should apply: 1. The property shall receive final subdivision approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. 3. The following exhibits are required for the Final Planned Development Agreement: . A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA. 5. The developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area. 6. All trash handling and recycling receptacles shall be located indoors. 7. Additional landscaping (plantings, berms, fencing or combination thereof) shall be provided between the proposed Chapel Lane access and the adjacent single family homes. 8. All site signage shall comply with applicable provisions of the City Sign Code. 9. All on-site street lighting shall be hooded and directed to deflect light away from adjacent properties. 9y Planning Report — Wensmann Realty November 28, 2000 Page 11 10. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of the wetland shall be preserved. 11. An unobstructed fire lane not less than 20 feet in width shall be maintained within the development. Such fire lane shall be signed as deemed appropriate by the Fire Marshal. 12. To add additional visual interest and character to the townhome structures, contrasting window trim shall be provided. B. To recommend approval of a Preliminary Subdivision (Crane Creek Addition) to allow the creation of 64 unit lots and one base lot upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast 1/4 of Section 12). If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1-4,Cl, 2,4,D1, E1 2. The proposed retaining walls shall be constructed with a protective barrier fence installed along their top elevations. 3. This development shall construct an outlet skimmer and piping system in accordance with City standards from the water quality basin to Pond GP -2. 4. The water main system shall be looped and extended to the east boundary of the site for possible future service of Parcel 020-03. 5. The private street shall be stubbed to the east edge of the development for future connection by possible development of Parcel 020-03. 6. Public right-of-way to accommodate the Hwy. 55 frontage road shall be dedicated on the final plat. 7. If the property owner of Parcel 020-03 is agreeable to accepting a private street access easement covering the private streets within the Crane Creek development for possible use with future development of Parcel 020-03, the applicant shall prepare and record the easement subject to review and approval by the City Attorney. 8. An unobstructed fire lane not less than 20 feet in width shall be maintained within the development. Such fire lane shall be signed as deemed appropriate by the Fire Marshal. 9s Planning Report — Wensmann Realty November 28, 2000 Page 12 9. This development shall be responsible for a cash parkland and cash trails dedication. 10. The applicant shall submit and the City Attorney shall review and approve Homeowners Association by-laws pertaining to Lot 65 (the development's common area). 11. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 12. The stormwater pond shall be constructed to treat 6.6 acres of the site area. It shall contain a minimum wet -pond volume of 0.65 acre-feet and should have a minimum area of 0.28 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 13. In lieu of ponding to treat stormwater from 4.2 acres of the site, a cash dedication of $5,967.00 shall be required. 14. To minimize nearby impacts, the development shall be set back at least 30 feet from the edge of the delineated boundary of the wetland. During and after construction of the development, a minimum 30 foot wide buffer of natural undisturbed vegetation along the delineated boundary of the wetland shall be maintained. 15. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down - gradient resources and water quality. 16. The applicant shall be required to install one hundred ten (110) Category B trees as fulfillment of the City of Eagan Tree Preservation Ordinance requirements. 17. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 18. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. �6 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-Wav 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. 97 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 doe 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 LTSMS STANDAR D.CON 9s' Revised: February 2, 1993 FINANCIAL OBLIGATION Crane Creek Preliminary Subdivision 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 pending assessments in the amount of $64,920 on the parcel proposed for platting. This pending is related to Project 749. 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. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT N o n TOTAL 9? / V Eagan Boundary Location Map Feat Cantarl• ins are.i � M Building Footprint U s -fIIIIIIIIIIIIIIIH-*j7 s- It ' 1 t i • r L.' - rm 4 - 1(t is IE �• asikiiii Sub ect Site r � oo • • d9Imi. .. ANRa'7dB>, Eel• all thtill — NM VIR3 4INN % ^.. Cir r tea, , � ��MIME •Akic,,rir ISer ■rat - III IC VAA,IgH 74 iii \ III N. !IPII\ v/n3 eQ� -- 116111517451 Quaff �- 1 ���� uDWI � WV:, e0. © reoo UP" # Vp an ekti 4eS�0go A ,� GGa . / N-4 A apat) * ro * or du or / 0,61417 1r941/141. 11116 * a yea * . \ voir - . oess r7 gm% 71 rr,,J i `'•�fJ .111cO1MIME 1000 0 1000 2000 Feet Development/Developer: Crane Creek Application: Preliminary Subdivision and Rezoning Case No.: 12-PS-11-07'fj., = • •-RZ-08-07-00 Cityof Eagan MINN ESOT C...aaaay a.vsNN...t Department MaDakota - l :• 11. brae nap dela provided /by • Survey 0 current: of August 2003 /. TNIS MAF IS INTENDED FOR REFERENCE USE ONLY Thai City of Eagan and Dakota County do not guarantee the accuracy of this information and are ibis N w E S not re for errors or omissions. Current Zoning and Comprehensive Guide Plan Crane Creek Land Use Map Case No. 12-PD-02-07-00; 12-RZ-08-07-00; 12-PS-11-07-00 Zoning Map fty.wD.ss — A al IN"�■111111r .. Dor 411111111111111111111ka III Ii. E a Current Zoning: . .rIII a T Al 111 1111 R-4loodlilI, Residential Multiple A Mimi '2 �!rd,.., ,� —� R-1IF �griiii7roat._ Single Family Residential .41-z ., hi Aia im in 000 0 000 1200 root Vet& P a .. .G P .1,..,; us IN N Comprehensive Guide Plan Land Use Map yNKlryyy. wo, sa \ 11: 1210 ■ it IOWA= 1i ��' : o-nl D4 Current Land Use Designation: i1. \ �� III 1 I I �, � D-111 le liMe • Mixed Residential (6-12 units/acre)'r D-1 III 4 Single Family Residential (0-3 units/acre) , '�: 41 000 0 NO 1200 r..t Illi. �• •• •. 0111/411 lig . /4W Parcel bane mo nf.ns..... . Nand by Dakota count/ land Sunny Daparfnrant 1111100. ng brfwrwation nWnWrd by City Staff. City of Eagan 'J W E �� 2, THIS MAP IS INTENDED FOR REFERENCE USE ONLY CQ/I<rlthry The City of Eagan and Dakota County do not guarantee the accuracy of this information. S r e r .t r r . r r 4 el. -cup, S wird $a R'$; t3;;2; c ",""1 a r r rs r< It 11 11 r1 0 P 0 0W 0 W z tY GV WENSMANN HOMES it Fit 0 PRELIMINARY SUBDIVISI )133x0 3NV83 W Z W w 0 Z W 0 W I ; 1 i1111 934 c::)L1I o Hoz • 4 e U 1 Z O Z ( < — 0 _10 (f) LLQ Q Z % H Z J W Q Ct Q Q ct 0 w CO L J z J J LJ x U ! • /o OO o O nnpp K 2S2 2 'IV.L_Jj _ -L-7:1-1.7 NOIaI40b, 1330H •. Sig Si, Cl SITE PLAN LANDSCAPE l ; PLAN 6 V 'YO C•I.It001/=40I1100, •))h }I•63/•••IiY}/C.•=•0 t .M./vrs•.v/r {i}i' 1 i'; ! J1'i1 i i•l'ine1+1! �j )m1011104 1� iF1 ,. .L11rltm.,,111ly 1 —a— 1 bykktk....... .-k-kb.Lkb__bkk_bktibbbkk'sk:bk'skbrbk i YYfrfffTKtlYrl lYY.Yff � iiiiiiiiiiiiiiiiiiiiii lith!!!!!!!!! Q!Q!l3QQQQQQQQQQQ r kkkbakLtiub bM.10skk'tlh "J r R 85 8 3 Ili 11 U1i�ae kbkbl bbkktikukkkhkk 11 h 4; N Z a W L9 Li Ct J ��� . TREE PRESERVATION PLAN • 117 41 11111a 0 Z W 0 W J I a=I1!03 Y-Ial lia :A i _ t1ii1 l 0(11 6 ' e ra- 2 J a 0 z 0 c� z -a /06 GRADING PLA N 7� 10111 0w 111Miii21"' 1 8 s to •a� r.i N0111OOV 1A30H /D 7 UTILITY PLA N 1 ;7I4�!' waa !II iill'l%j1 111 �ICIi1 II !yl''i4�I14 �• III,���llilyrii,4;�4 ISI• II:I I l4i'1 1,1111 Ii 1I II' 1� Li I. II Aiti iiSY' i I�Itlllll 111111111 I II !�I�III��I,II I1 �Ir .1111 11), III III• i4V;i�l;111 IIiI1IIII!III•�I'illl IIIA �IIII 1�1 iti S� lull II Ill !i!i!!ai z 0 W W W 0 N F- S OL i�A��L 1C.]:I N H W 2 BUILDING ELEVATIONS D• If 01.00 ww+bm 400 -0• )3•-O. j • 1. r— 3Y -0- I hereby civilly IMI 1Ns plan. sp.cilc.lion. o. report was papavod by awl as under ■y Areel supervision and Ihal 1 an a duly A. 1slv.d ArcNl.0l undtr 0s laws o1 11.. Slab of MavN.ola 912.0" 0.1. Rayls) MC ENSMANN 14011411 NEE EL* INt 15511 400-4400 EAG. 1.1d 55122.2112 FAX SRI 005-3070 TOTAL AREA —N/A— unG AMA —N/A- GAIAGE AKA: —N/A— FM' N/A— IM' Cf "iOJECT. CRANE CREEK STET �o r.ACAN.IIItltasora _—. _ 1 TAT TOWN40r.E9 Ia00E1. PUT -EN BUILDING PLAN Agenda Information Memo December 4, 2000 Eagan City Council Meeting B. Conditional Use Permit - Dart Transit ACTION TO BE CONSIDERED: To approve a Conditional Use Permit for outside overnight truck storage at a 41.000 square foot warehouse facility to be located on property located south of Aldrin Drive in the SW '/4 of Section 11, Lot 1, Block 1, Eagandale Corporate Center #5. FACTS: • The Advisory Planning Commission, at the November 28, 2000 meeting, recommended approval of the above-described Conditional Use Permit. • The property is zoned I-1 (Limited Industrial), with surrounding property also zoned I-1. • The property has a cross -easement granted for access and maneuvering area with the neighboring property (Lot 1, Block 2, Eagandale Corporate Center #5), which has been granted a Conditional Use Permit for outdoor overnight storage of trailers and tractor -trailers. • Proposed storage would occur only at loading docks in the side yard and at a seven -stall pad at the southern end of the parking area. ATTACHMENTS: (2) November 28, 2000 APC Minutes, page 1/1 through l lip) . Staff Report, page /13 through Li 0 //0 Advisory Planning Commission November 28, 2000 Page 6 PUBLIC HEARINGS CONDITIONAL USE PERMIT — R.J. RYAN CONSTRUCTION Planner Dudziak introduced this item and highlighted the planning report dated November 14, 2000. She stated that Dart is requesting approval of a conditional use permit to allow overnight outdoor storage of trailers and tractor -trailers. The proposed storage would occur only at loading docks in the side yard and at a seven -stall pad at the southern end of the parking area. Ms. Dudziak stated that the proposed outdoor storage appears to satisfy the performance standards in the City Code. The applicant was present to answer questions of the Commission and public. Chair Heyl opened the public hearing. Ed Farr, Farr Architects, representing the U -Line property owners stated there was no opposition to the conditional use permit but requested landscaping be installed along the boulevard. There being no further public comment, Chair Heyl closed the public hearing and turned discussion back to the Commission. The applicant stated he would be willing to work with staff to increase landscaping along the boulevard. Member Tilley moved, Member Segal seconded a motion to recommend approval of a Conditional Use Permit for overnight outdoor storage of tractor -trailers at the dock doors and at a seven -stall pad on property located south of Aldrin Drive in the SW '/4 of Section 11, Lot 1, Block 1, Eagandale Corporate Center #5 subject to the following conditions: 1. This permit shall be recorded at the Dakota County Recorder's office. 2. Overnight outside storage of trailers and tractor -trailers shall occur only at the loading docks on the east side of the building and at a seven -stall pad at the southern portion of the parking area. 3. The bituminous surfacing shall be properly maintained to prevent deterioration. 4. The developer shall submit a copy of the shared access and cross easement for review and approval by the City Attorney. 5. Any rooftop equipment shall be screened from view from the public right-of-way. 6. All trash handling equipment shall be located within the building, or within an enclosure consistent with City Code design requirements. 1/1 Advisory Planning Commission November 28, 2000 Page 7 7. The landscape plans shall be prepared by a registered landscape architect or certified nursery person. Automatic irrigation is required for landscaped areas and shall be noted on the plans. 8. The applicant shall work with the City staff in revising the landscape plan to provide better screening and avoid planting in proof of parking and future building areas. 9. All runoff from impervious areas shall be directed to existing detention basins for treatment as per the master drainage plan for the development. 10. An ungraded, unmaintained buffer extending at least 30 feet back from the delineated edge of all wetlands on the site shall be preserved. 11. The erosion and sediment control provisions identified on the grading plan dated June 30, 1998, shall be followed. All graded areas with a slope greater than 4:1 shall be permanently established in a perennial native grass cover using MnDOT seed mix 20A or equivalent and this vegetation shall be left in an unmaintained condition. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: Novemberl4, 2000 APPLICANT: Dart Transit PROPERTY OWNER: Maplewood Acres REQUEST: Conditional Use Permit CASE: 11 -CU -08-10-00 HEARING DATE: November 28, 2000 APPLICATION DATE: October 18, 2000 PREPARED BY: Tanda Gretz LOCATION: Lot 1, Block 1, Eagandale Corporate Center #5 COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Dart Transit is requesting approval of a Conditional Use Permit for outside overnight truck storage at a 41,000 square foot warehouse facility they propose to construct on Lot 1, Block 1, Eagandale Corporate Center #5. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within //3 Planning Report — Dart Transit November 28, 2000 Page 2 the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property that does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions., states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure, as necessary to achieve appropriate security and containment or for public safely reasons when determined necessary by the City. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property that is designated for residential used in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. //Y Planning Report — Dart Transit November 28, 2000 Page 3 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The subject lot was replatted in July of 1998 as part of the development of Lot 2, Block 1, Eagan dale Corporate Center. Eagandale Corporate Center #5 was created as a result of this replatting, and consists of Lots 1 and 2, Block 1. In 1998, a variance to the required five-foot pavement setback in side yards was granted for Lots 1 and 2 in order that a shared access drive and turn -around area for the two lots could be constructed. Lot 2 was developed at that time, and a CUP was granted for overnight outdoor storage. Lot 1 was graded, in anticipation of future development. Thus, Lot 1 is currently a vacant, graded lot neighboring a lot with zero sideyard setbacks and shared access easements. EXISTING CONDITIONS The site is currently vacant and graded. Although the area where the building will sit is level, topography is extreme (3:1 slopes) at the southern and western edges, as the site drops down to a DNR protected wetland to the south and a pond to the west. There are no existing trees other than those surrounding the wetland and pond. Tree mitigation was conducted at the time Lot 2 was developed, and no additional trees should be lost during the current proposed development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Owobopte Industries and ULine; zoned I-1 (Limited Industrial); guided IND (Limited Industrial). South and West - Skyline Displays;.zoned I-1 (Limited Industrial); guided IND (Limited Industrial). East — American Specialty Confections; zoned I-1 (Limited Industrial); guided IND (Limited Industrial). EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed warehouse/office space is consistent with the I-1 zoning and industrial land use designation of this property. All adjacent uses are of similar industrial development. //.c Planning Report — Dart Transit November 28, 2000 Page 4 Outdoor storage as a conditional use has been granted to American Specialty Confections, with whom the property shares access and turn around space. Outdoor storage at the subject site will be limited to trucks parked at the loading dock on the east side of the facility and at a seven -stall parking pad at the south side of the facility. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from continued airport operations at this site. The noise policy contours in northern Eagan place the subject property within Noise Zone IV. In Noise Zone IV, industrial uses are consistent. Site Plan — Lot 1 contains 10.74 acres. The building will be approximately 41,000 sq. ft., with shared easement for access and maneuvering areas. The building will be a mix of office (3,795 sq. ft.) and warehouse (37,373 sq. ft.). Loading docks are at the east side of the building, with a seven -stall trailer parking pad at the south side of the parking area. Employee and guest parking will exist north and west of the building. Setbacks — According to plans submitted, setback requirements will be met with the exception of the five-foot setback from the side yard, as at the time of development of Lot 2, a variance was approved for a zero pavement setback for the side yard in order to accommodate a shared access drive and turn -around space between the neighboring developments. Outdoor Storage — The proposal is for overnight outdoor storage of trailers and tractor -trailers at dock doors at the east side of the building and a seven -stall pad at the south of the parking area. City Code requires that outdoor storage be enclosed to achieve proper security and containment or for public safety reasons, if the City determines that such enclosure is necessary. Enclosure of the yard is not proposed. The storage areas will be located in the side yard and the southern end of the parking area. They will not encroach into any required setbacks, interfere with pedestrian or vehicular traffic, or take up area otherwise required for parking or landscaping. Storage areas will be screened from the public right of way by landscaping along Aldrin Drive. The storage area will be surfaced with bituminous and the surface properly maintained to prevent deterioration. Landscaping — The majority of the landscaping is directed along Aldrin Drive and around the pond in the northwest portion of the site. Items of note are as follows: • Entryway plantings: care should be taken with type and placement, so as not to obscure traffic sight lines. In particular, trees should be located back from the curb and conifers should be used with care. //6 Planning Report — Dart Transit November 28, 2000 Page 5 • Aldrin Drive plantings: an increased quantity of plantings should exist in this area in order to achieve the 75% screening cited in City Code. In addition, greater use of shrubs is recommended for better screening and variety. • Pond plantings: trees must not be planted below high-water level. A mix of species is preferable to the mass single -species planting of willow noted on plan. • Slope plantings: trees planted on the extreme slope to the south of the development should be suitable to slope and water level conditions of the wetland. • Areas to the west of the building are to be seeded and mulched with a DOT native grass mix. • Automatic irrigation is required for landscaped areas and should be noted on the plans. The City's Landscape Ordinance requires 75% screening of parking and loading areas from public rights-of-way, and establishes a benchmark of 3% of building value to be invested in landscaping. Given these figures, we would expect heavier screening in the boulevard area along Aldrin Drive. Landscape plans are required to be prepared by a registered landscape architect or certified nurseryperson and should contain the signature of such person. Trash Enclosure - No outside trash storage enclosure is shown on the plans. All trash handling equipment will be located within the building. Grading/Storm Drainage — Engineering issues are being addressed with the building permit for the site, which is currently being reviewed. Wetlands/Water Quality — This development necessitates no additional City of Eagan water quality requirements in terms of stormwater treatment. However, before, during, and after building construction, the development shall not disturb the 30 -foot buffer area of the wetland (City Pond DP -11) located to the south of the building site. City Pond DP -11 is a designated public water wetland under jurisdiction of the Minnesota DNR. Mitigation of any direct impact to the wetland from resulting construction activity of the proposed building shall be subject to review and determination by the Minnesota DNR. The proposed retaining wall to the south of the proposed building shall be located no closer than 30 horizontal feet from the edge of the wetland boundary. No disturbance of this 30 -foot wetland buffer shall occur; this area and its vegetation shall be kept in a natural, undisturbed state. Erosion Control — Alongside the wetland located to the south of the proposed building, the topography requires proper installation and effective maintenance of erosion control practices to prevent or minimize soil loss and impacts. A heavy-duty silt fence shall be properly installed and effectively maintained during construction no closer than 30 feet from the wetland boundary. Access/Street Design — Public street access is proposed from two locations onto Aldrin Drive to the north. Easements/Rights of Way/ Permits — An easement was granted in July 1998 for shared access and pavement area between Lots 1 and 2. A copy of this easement document should be provided for review and approval by the City Attorney. //7 Planning Report — Dart Transit November 28, 2000 Page 6 Tree Preservation — There are no remaining tree preservation issues, as the site has already been graded. Tree mitigation was performed when the adjacent property to the east was developed. Parks and Recreation — Parks and trails dedications should be fulfilled through a cash dedication. A system of trails developed by Faithful Shepherd School and Skyline Displays exists in the area, and could be extended to encircle the wetland on the southern portion of the subject property. Such a trail has the support of the Advisory Parks Commission, but is not included in the current development plans for the property. SUMMARY/CONCLUSION Dart is requesting approval of a Conditional Use Permit to allow overnight outdoor storage of trailers and tractor -trailers. The proposed storage would occur only at loading docks in the side yards and at a seven stall pad at the southern end of the parking area. The proposed outdoor storage appears to satisfy the performance standards in the City Code. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Conditional Use Permit for overnight outdoor storage of tractor -trailers at the dock doors and at a seven -stall pad on property located south of Aldrin Drive in the SW 1/4 of Section 11, Lot 1, Block 1, Eagandale Corporate Center #5. If approved, the following conditions should apply: 1. This permit shall be recorded at the Dakota County Recorder's office. 2. Overnight outside storage of trailers and tractor -trailers shall occur only at the loading docks on the east side of the building and at a seven -stall pad at the southern portion of the parking area. 3. The bituminous surfacing shall be properly maintained to prevent deterioration. 4. The developer shall submit a copy of the shared access and cross easement for review and approval by the City Attorney. 5. Any rooftop equipment shall be screened from view from the public right-of-way. 6. All trash handling equipment shall be located within the building, or within an enclosure consistent with City Code design requirements. //1 Planning Report — Dart Transit November 28, 2000 Page 7 7. The landscape plans shall be prepared by a registered landscape architect or certified nurseryperson. Automatic irrigation is required for landscaped areas and shall be noted on the plans. 8. The applicant shall work with the City staff in revising the landscape plan to provide better screening and avoid planting in proof of parking and future building areas. 9. All runoff from impervious areas shall be directed to existing detention basins for treatment as per the master drainage plan for the development. 10. An ungraded, unmaintained buffer extending at least 30 feet back from the delineated edge of all wetlands on the site shall be preserved. 11. The erosion and sediment control provisions identified on the grading plan dated June 30, 1998, shall be followed. All graded areas with a slope greater than 4:1 shall be permanently established in a perennial native grass cover using MnDOT seed mix 20A or equivalent and this vegetation shall be left in an unmaintained condition. /i9 FINANCIAL OBLIGATION 11 -CU -08-10-00 Lot 1, Block 1, Eagandale Corporate Center 5th Addition There are pay-off balances of special assessments totaling $107,188 on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT TOTAL /02c Location Map 9 Eagan Boundary Street Centerlino I Parcel Area an Building Footprint 1 1 r 1000 0 1000 2000 Feet Development/Developer: R. J. Ryan Construction Application: Conditional Use Pe Case No.: 11 -CU -08-10-00 41111b City of Eagan MINNESOTA Community Development Departm.nt bi Daboia G anty laid Saroy aid is c%srar*as Aug2000. �' THIS MAP 1S INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guaranties the accuracy of this information and aro not responsible for errors or omissions. N W E R. J. Ryan Construction Current Zoning and Comprehensive Guide Plan Case No. 11 -CU -08-10-00 Land Use Map • i,r, , 1-1 Zoning Map --- I-1 BP Current Zoning: I-1 1-1 Limited Industrial A 1 - a 0 1 , Q I LB i BP BP ••0 • 000 1200 F..t > 8 r---- Comprehensive Guide Plan 3I ' L ' 1 IND Land Use Map BP IND --�— Current Land Use Designation: I IND IND Limited Industrial �_ . a ` 4 gs • I BP BP v ' MO 0 000 1200 FNt /a0 Parcel base map Intense Meta Seemly Land y Dsparb..nt S/11/0S/11/00.100. Zenists IMemation ntalntal.ed ey W ly staff. City of Eagan Z w E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Devekpment Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S CNN; r • elossuum Juan 113ianoD A I1NnoD SSo?1D Jog Suiplm8 pasodo.rd i 1 3 .KiTLS S1.0 N A1111111! AF SAA! 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A 1w i:9 4 i. :GE 1C ••1. . t. -I ice t a.. YYI �qg�"a y�c. k '� • ate- r �+ tt .- iar �- .iFa* � �i i'� 'r'r •f y rw .-IA.t- V z Agenda Information Memo December 4, 2000 Eagan City Council Meeting C. FINANCING OPTIONS FOR STORM SEWER SYSTEM IMPROVEMENTS ACTION TO BE CONSIDERED: To provide direction regarding further consideration of financing options that provide mitigation improvements for neighborhood areas impacted by the July 2000 super storm. FACTS: • During the neighborhood meetings held on Saturday, November 18, action was taken to place an item on the December 4 Council meeting to discuss financing options to cover the cost of potential storm drainage mitigation improvements necessitated by the July 2000 super storm. • The total cost for storm drainage mitigation cannot be determined until after all neighborhood meetings are held allowing the City to present options and receive input by affected property owners and the City Council defining the desired level of mitigation improvements. City staff will prepare a cost estimate of all engineering alternatives, which will be presented to the City Council following the neighborhood meetings ending in February 2001. • The cost for storm water mitigation has a wide range depending on the level of protection the storm drainage system should provide. Mitigative measures to minimize or prevent recurrence of storm water impacts is a top priority. The benefit of the improvements can range from the protection of structures to reducing the temporary flooding of yards and/or trees. • At the direction of the City Council, staff has identified a number of financing alternatives as follows: D Issue revenue bonds secured by an increase in the storm water utility charge, which is currently $6.08 per quarter. D Issue public improvement bonds without a referendum election. This would require special assessing a minimum 20% of the costs. D Issue public improvement bonds with no special assessments. This would require voter approval through a referendum election. D Pay-as-you-go financing. This would utilize current fund balances in City funds and/or portions of future levies. The mitigation improvements would have to be spread out over a longer period of time, as funds become available. D Continue to seek Federal and/or State funding for mitigation relief. D A combination of any part or all of the above as the overall financing alternative for storm water mitigative measures. /31 • Staff will review any and all financing alternatives during the next 60 to 90 days as directed by the City Council. ATTACHMENTS: ■ October 11, 2000 memo from Tom Colbert. "I'' /33../3Y / 3..Z city of eagan MEMO TO: MAYOR AND CITY COUNCIL % THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 11, 2000 SUBJECT: JULY 7-8 STORM DRAINAGE STUDY REPORT I realize that many are quite anxious to review and discuss the report being prepared by our Consulting Engineering firm of Bonestroo, Rosene, Anderlik & Associates regarding the storm event of July 7 & 8 this past summer. On July 28, the enclosed status report was forwarded to the Council summarizing all the different aspects of the storm and its follow-up evaluations. At that time, we estimated that it would take approximately 90 days to complete the study. Although other scheduled responsibilities and Council priorities competed for the needed staff time, I'm pleased to report that we will be able to meet that schedule fairly closely. As we all know, the City has put a tremendous amount of effort put into the Emergency Response, Control & Management and Clean-up & Recovery aspects of this storm. There were relatively short time lines for the City to inventory damages and prepare and submit requests for FEMA assistance for City property and infrastructure totaling approximately $500,000. The City's system didn't fully recover to normal for about 30 days. Continuous monitoring of ponds and pumps during this time helped to calibrate the City's computer model to better analyze how the system functions and more accurately predict future scenarios. The City's Storm Water Drainage System is designed to handle a maximum rainfall event of approximately 6" over 24 hrs. This has a 1% probability of occurring in any given year (i.e. 100 year event). We all know that the July 7-8 event exceeded this design standard by an unpredictable amount (10+" in 3-4 hours) followed by another 2-2.5 " the next evening. The report will focus on identifying areas where the system's operation did not meet the City's design standard. Where this situation occurs, options will be proposed for modifications necessary to bring it into conformance with the City's standard. There are approximately 45 different sites and locations that are being reviewed incorporating pond flooding, street flooding and/or storm system surcharging. There are basically 4 major options available for consideration of any corrective proposal: • Increase the outlet capacity • Decrease/divert/detain the tributary watershed drainage area • Increase the ponding storage capacity within the affected watershed • Remove or floodproof vulnerable structures. /33 In many areas, there may be several options that provide varying levels of added protection and/or impact on properties. There also may be many areas where the Storm Drainage System will be verified as meeting the City's design standards, but properties were flooded anyhow due to the storm exceeding the current design standard. Before the appropriateness of any upgrading option (or combination thereof) is evaluated in detail or presented to the public, it would be appropriate for the City Council to provide direction and guidance regarding various policy issues and probable questions: • What rainfall amount should any upgrade option be designed for? • Will this become the new "Standard" for all future construction? • How much of the current system should be retrofitted to any new standard? • Does the City want to have different standards of storm water drainage systems in the same community? watershed? neighborhood? • Will any new standard make the residual system "sub -standard" and subject to additional requests of greater protection? • How will the cost of any upgrade improvements (i.e. beyond the current standard) be financed? (General tax levy? Special assessments? G. O. Bond Referendum) • Will the Council authorize condemnation of property and/or homes for construction of any selected improvements? The staff can be ready to discuss these policy issues and present the report's finding at the Council meeting of Nov. 6 if so desired. The Council should determine how and when they want this information presented and discussed with the affected property owners and/or general public. • Would they like to have the details presented to them so they have an understanding of the issues before it is presented to the public? • Does the council want to address any new policies before proceeding with any upgrade improvemnets. • Would they like to have one large community meeting where staff would go through each of the 45 areas individually? • Would they like to have staff schedule several large (consolidated neighborhoods) or smaller individual neighborhood meetings? • Does the Council want to be at all of the meetings, even if it involves a small group or an individual? Once the Council has defined the method and schedule of presenting the report to the public, Staff will make the necessary arrangements. Respectfully submitted, Thomas A. Colbert /3(7/ Agenda Information Memo December 4, 2000 D. REQUEST FOR PROPOSAL JULY 2000 STORM ANALYSIS ACTION TO BE CONSIDERED: To approve the Request For Proposal (RFP) to retain the services of a professional consulting firm to provide an independent review of "The Storm of July 2000 — Analysis and Improvement Options" (November 2000) by Bonestroo, Rosene, Anderlik and Associates. FACTS: • On November 6, 2000, the City Council directed staff to solicit proposals from consulting engineering firms that have not previously worked in the City of Eagan to review the City's July 2000 Storm Analysis Report and provide an independent 2nd opinion. • On November 9, a special meeting was held to formally present and discuss "The Storm of July 2000 — Analysis and Improvement Options" report with the public and City Council. • City staff has prepared this RFP and Scope of Services and is presenting it for consideration of favorable Council action. ATTACHMENTS: • Request For Proposal, pages % 36 through l a ENGINEERING CONSULTANT SERVICES REQUEST FOR PROPOSAL REVIEW OF JULY 2000 STORM ANALYSIS AND IMPROVEMENT OPTIONS CITY OF EAGAN DECEMBER 1, 2000 /36 ENGINEERING CONSULTANT SERVICES REQUEST FOR PROPOSAL REVIEW OF JULY 2000 STORM ANALYSIS AND IMPROVEMENT OPTIONS TABLE OF CONTENTS I. SCOPE OF SERVICES 3 II. STATEMENT INSTRUCTIONS 4 III. STATEMENT CONTENT 4 IV. STATEMENT EVALUATION AND CONTRACT AWARD 5 V. CONTRACT EXECUTION 6 /3 %' I. SCOPE OF SERVICES This REQUEST FOR PROPOSAL (RFP) has been prepared by the City of Eagan in order to retain the services of a professional consulting firm to provide an independent review of "The Storm of July 2000 — Analysis and Improvement Options" (November 2000) by Bonestroo, Rosene, Anderlik and Associates (BRAA). This storm report provided a technical analysis of the performance of the portion of the City of Eagan's storm water system most severely impacted by the storm events of July 7-9, 2000. The report also provided improvement options to address any deviations from the city's design standards and opportunities to upgrade the system beyond the design standards while presenting the effects of these various options. The City desires to have an impartial analytical review of this report accomplished without the need to completely redevelop the study. The engineering services desired include all the engineering activities necessary to complete an accurate review of the report prepared by BRAA. The services include: A. Evaluation of technical material used to develop study 1. Review as -built plans of existing storm sewer in all areas identified in report 2. Review aerial topography in all areas identified in report 3. Review field topographic survey information, where available B. Review of hydrologic modeling 1. Review data input of hydraulic models in all areas identified in report 2. Review results of all models for accuracy/application to actual conditions C. Examination of meteorological data 1. Review accuracy/reliability of rainfall data 2. Review accuracy of 1% frequency storm event data/assumptions D. Analysis of storm sewer system performance explanation 1. Provide critique of performance explanation for all areas identified in report E. Evaluation of alternatives for Improvement Options to address flooding concerns 1. Provide critique of Improvement Options for all areas identified in report 2. Provide alternative Improvement Options to reduce economical, environ- mental, social impacts, where appropriate, for all areas identified in report F. Assessment of Effects of the various Improvement Options 1. Provide critique of Effects for all areas identified in report 2. Detail revision of Effects, where appropriate, for all areas identified in report 3. Provide Effects for any alternative Improvement Options The selection of a successful candidate will take into consideration the expertise and past performance of the firm regarding these services. /3 k II. STATEMENT INSTRUCTIONS A. All responses, questions and correspondence should be directed to: Thomas A. Colbert, P.E. Public Works Director City of Eagan 3830 Pilot Knob Road Eagan MN 55122-1897 (651)681-4646 All statements must be received at City Hall no later than 4:30 December 29, 2000. III. STATEMENT CONTENT A. Title Page p.m., Include the name of the firm, local address, telephone and fax number, e-mail address, name of the contact person, and the date. B. Table of Contents Include a clear identification of the material by section and page number. C. Consultant Profile 1. The qualifications of the firm as related to the services to be provided. Specific information shall be provided regarding experience with the following: • Preparation of storm water management plans • Review of large storm events • Analysis of storm sewer system performance • HydroCAD and XP-SWMM computer software models • Improvement design to address flooding concerns 2. A statement should address the basis of the firm's interest for providing the desired services. 3. The name, experience, and qualifications of the person(s) that will be responsible for the management and administration of a contract with the City. 4. The qualifications and resumes of the professional staff that will be assigned to this report analysis. 5. A list of municipal clients where related services were provided by staff identified in #4 and the name and telephone number of a person who may be contacted at that municipality. 6. A list of current municipal clients identifying projects in progress, the specific activities being performed, and the name of a person who may be contacted at the municipality. 7. A list of previous or current services provided to the City of Eagan. 8. A list of private clients for whom work has been or is being performed within the City of Eagan, the type of project, the specific activities performed, and the name of a person who may be contacted at the client. 9. A proposal for a "not to exceed" fee including cost estimates for the personnel proposed to provide services and all other activities required under this RFP with the City. Identify hourly rates, multipliers, percentages, etc., for various classifications of personnel and rates for activities (i.e., mileage, copies, etc.) needed to provide all RFP services. D. Quantity Please submit 5 copies of the Request For Proposal (RFP). IV. STATEMENT EVALUATION AND CONTRACT AWARD A. The City intends to award a contract to the firm evaluated to be best qualified to perform the work for the City with cost, compatibility and other performance factors also considered. B. Based upon review of the RFP's, the City staff Screening Committee will recommend to the Council/Staff Evaluation Committee two firms. The Evaluation Committee's recommendation will be forwarded to the City Council for consideration and formal approval. C. The City shall not be liable for any expenses incurred by the applicant including but not limited to expenses associated with the preparation of the statement, attendance at interviews, preparation of a cost statement or final contract negotiations. D. The City of Eagan reserves the right to reject any and all statements or to request additional information from all applicants. E. In evaluating whether a consultant is to be awarded a contract, numerous factors shall be considered. Among those factors are the following: 1. An evaluation of the consultant's technical qualifications, work experience and available personnel. 2. Recommendations of past and existing clients. 3. No previous experience with the City of Eagan. 4. Actual or potential conflict with other clients doing business with the City. V. CONTRACT EXECUTION A. Negotiations and Contract Execution The City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and a consultant be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another consultant or reject all of the statements. Upon completion of negotiations agreeable to the City and consultant, a contract shall be executed. B. Contracting Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decision, which affects his or her direct or indirect financial interest. 2. It is a breach of ethical standards for any person to offer, give, or agree to give any City employee or Council person, or for any City employee or Council person to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or move favorable treatment than is normally accorded to the general public. 3. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. This firm shall not accept any private client or project that, by nature, places it in ethical conflict during its representation of the City of Eagan. 5. The City requires affirmative action and, therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state and local regulations. C. Policy for Engaging Professional Consulting Services 1. RFP Procedures All consultants for various services will be selected in accordance with the attached City's Policy. 2. Affirmative Action The City of Eagan, Minnesota, has adopted a policy that it will not discriminate in employment practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; that it has agreed to take affirmative action to recruit minorities, women and handicapped persons into its employment; and that it will transact business only with firms who have adopted similar non-discriminatory and affirmative action policies. In cases where a contract with the City of Eagan will exceed $50,000 and the number of full-time employees exceeds twenty (20) in the company making a Proposal, in its Proposal the company must furnish the City of Eagan with documentation that shows the company has adopted a written affirmative action policy. Contracts, which exceed $50,000, will not be awarded to companies of more than twenty full-time employees, which fail to provide verification of an affirmative action policy. G:RM/00/MISC/RFP Document -Super Storm Analysis State of Minnesota Gambling Control Board Premises Permit Renewal Application LG214PPR Printed: 7/102000 For Board Use Only Amt. Pd Check # Date License Number: B-05759-001 Effective Date: 1/1/1999 Expiration Date: 12/31/2000 Name of Organization: Football Eagan High School Booster Club Gambling Premises Information Name of the establishment where gainbling will be conducted Al Bakers 3434 Washington Dr Eagan, MN 55122 County: Dakota Note: Our records show the premises is located within the city limits Albert Baker ' 4986 Safari Cir Eagan, MN 55122 Name of the property owner (If different): Lessor Information Square footage leased per month: Rent paid per month: Square footage leased per bingo occasion: Rent paid per bingo occasion: 39.00 1,000.00 Bingo Activity Our records indicate that Bingo is not conducted on these premises. C aV & F�2DMPi_ Aq 'Iris d p v.. 00031 k) , in i3 SS' a 3isrot 141 ttS OC,l; Te„ 64,-6-"1.) SS -03 Storage Information First American Bank 1995 Rahncliff Ct Eagan, MN 55123 Bank Information Gambling Bank Account Number: 096010415882100 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title ,c -kuN 1--1,6c-osot, 4rLBOs KN4AWt_ Kb 6 A 1/11,) Sib,)- 6"6. p'l br Or P-Prt h 44-1.1), t (- J Qc.4-cuw006-r E-14--)413, An nJ 5 -Ci -3 /5 ss7- 6efebNa MR 4fzt1/41 Ifs -ptT %1(e5 c TA. & -7t'k , (wsc18 i a s*a_ (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization I hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. Organization License Authorization I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of pennit being applied for. Oath I declare that: 1. I have read this application and all information submitted to the board is true, accurate, and complete; 2. all other required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; S. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. any changes in application information will be submitted to the board and local unit of govemment within ten days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Signature of the chief executive officer (Designee may not sign) 101106 tiatd Local Unit of Government Acknowledgment and A royal On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. ,IUmu'1c.- onnel receiving application Title /( /n/ co Date For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful 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 receiving application Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Print name of county Signature of county personnel receiving application Title Date 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, and to assist the Board in conducting a background investigation of you. 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 license. If you supply the information requested, the Board will be able to process your application. Your 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 license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public. If the Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your 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 Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international 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 11/17/00 FRI 14:07 FAX ummoting uontroi muds tax:bl—bo-40(6 Nov 16 '00 14:2b P.06 Page 1 of 8/00 _....� LG220 - Application for Exempt Permit 'Fee - $25 For Boardt7sc Only Fee Paid Check No, Organization Information _ Organization name Previous lawful gambling exemption number ra{8 gi hes CaAse is Street 335 (4 ti>b,A. bi . CityState/Zi lit,9( ,) Code mJ s!a- l County Name of chief executive officer (CEO) First name Last name Tar rCt Ve rgehz.• Daytime phone number of CEO 6S/ - 4/0t0— d/74/7 Name of treasurer First name Last name 7 mss LOttsc. a_ Daytime phone number of treasurer lora -1e&i - 8.79 Type of Nonprofit Organization Check Che the ❑ Ell k the NI Q ❑ box that best describes Fraternal Veteran box that indicates the IRS letter indicating Certificate of Good Standing A charter showing you Proof previously submitted Eszi it 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 orgenlzation and on file with the Gambling Control Board Gambling Premises Information Name of re lass wnleere gambling moth*will be conducted (for raffles, fist the site whore the drawing will take place) I�(,u /iez e le -t c_i Uel -L Address (don not use PO box) 33s5 c- � City La 56u-) , Stategip Code f1�ssia / Country Date(s) off a (for raffles, indicate the date of the drawing) i%0/ Check 'Equipment 1 the box or boxes "Bingo for these ev!I activities that indicate the type of gambling activity your organization wOl be conducting: Raffles ❑ "Paddlewheels ❑-Pull-Tabs must be obtained from a licensed distributor. i♦ "Tipboards This form will be made available in altemetNe 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 auppythe hformation 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 date 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 yo ur permlt 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 tete 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 Attorney General: the Minnesota Commissioners of Administration. Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling rzgulatory 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 orderauthorkes a new use or sharing of information after this Notice was given; and anyone with your consent. oo. 11/17/00us,l L yu IlLntrFAX ooaro rax:o%-ooy-ours Application for E=empt Perm - LG2.210 / (4ibeii Organzation Name . Nov 15 '00 14!27 I'.0? la 00: Page 2 of 2 8/00 Local Unit of GovernmWitt/ Acknow edgment if the gambling premises is within city limits, the city must sign thls application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. DThe 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). The city denies the application. Print name of city OXIALtlk (signatureof city personne receiving application) Title lX ��] • �� Date__ ,C7,��� If the gambling premises is located In a township, both the county and township must sign thls application. On behalf of the county, i acknowledge this application. Check the action that the county is taking on this application. ri c The county approves the application with no waiting period. 0 The county approves the application with a 30 day waiting 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 Date TOWNSHIP: • Ori Doha` of the township, 1 acknowledge that the organization is applying for exempted gambling activity within the township limits. lA township has no statutory authority to approve or deny en application (Minn. Stat. sec, 340.213, subd. 2).) Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application is complete and ac rate to he best of my knowledge. Chief executive officer's' signature Name (please print) at ftla dt V e roie n Z4Q-7* - Date /I 12 7 / 6 0 Mail Application and Attachments At feast 45 days prior to your scheduled activity date send: • the completed application, - n copy of your proof of nonprofit status, and - a 625 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 or has been denied, do not send the application to the Gambling Control Board. MINNESOTA Department of Revenue Certificate of Exempt Status Exempt Organizations Faithful Shepherd Catholic School 4030 Pilot Knob Rd. Eagan MN 55122 Certificate number ES 36509 Date Issued 08/06/97 Date Reissued 10/17/97 Sales and Use Tax The organization above is exempt from sales and use talc under Minnesota law on purchases, rentals, and leases of merchandise and services to be used exclusively in the performance of charitable, religious or educational fimctions For senior citizen groups, the merchandise must be used for pleasure, recreation, or other nonprofit functions of the group. This exemption does not apply to purchases of meals, lodging, waste collection and disposal services, or to purchases or leases of motor vehicles. (M.S. 297A.25, subd.16) Commissioner of Revenue by !7 4.2 3 z ; P. R. Blaisdell, Supervisor Sales and Use Tax Division Questions? Call the 11Qi Department of Revenue at (612) 296-6181 or toll-free 1-800-657.3777. TDD users, call the Minnesota Relay Savior at (612) 297-5353 or 1-800-627-3529. Ask for (612) 296-6181. ST -17 Y001 General Fund Budget and Property Tax Levy Truth in Taxation Public Hearing December 4, 2000 Eagan Municipal Center INTRODUCTION Each year, as a part of their budget preparation process, Minnesota cities, including the City of Eagan, hold public hearings to receive comments on the types and levels of services proposed for the coming year and the anticipated costs of those services. Over recent months, the City Council and City staff have applied their best efforts to the task of continuing to meet the public service requirements of our growing community at the lowest possible cost. Because Eagan is growing, certain services and programs must be expanded to serve our new citizens and businesses. At the same time, this growth provides new tax base that shares in the burden. The public hearing portion of the process is very important because it provides feedback on the types of City services Eagan's citizens expect and what our residents and businesses are willing to support. We expect and welcome public comment as a constructive part of the budget process. Public input, together with the City Council's experience and City staffs expertise, help form the spending and cost management priorities for the City. TRUTH IN TAXATION State legislation requires the distribution of Truth in Taxation notices to all property taxpayers. In addition to the date, time and location of the budget hearings, Truth in Taxation notices indicate the anticipated property tax changes in the City, County, School District and other taxing jurisdictions. The City of Eagan has long solicited public participation in the budgeting process through published notices and public hearings, even before required by State law. UNDERSTANDING YOUR TRUTH IN TAXATION NOTICE Truth in Taxation legislation is intended to enhance the public's ability to participate in the budget process by distributing basic information directly to the citizen. Each property owner's tax bill is a product of many factors. Some factors are within the circle of influence of the City Council and staff. Others factors affecting your total property tax bill are outside the control of local officials. Some—but not all—of the impact of factors outside local control is captured in column 3 of the Truth in Taxation statement. Among the factors City officials cannot control are: 1. Property value changes. As usual, most Eagan properties have been revalued as part of Dakota County's ongoing effort to meet State requirements that all properties be valued at their fair market value. The City does not assess property values. According to the Dakota County Assessor, 1 the average estimated market value increase for Eagan properties for 2001 taxes was 9.2%. Nevertheless, State law dictates that increases in a property's taxable value shall be capped at 8.5% per year (unless improvements were made to the property). 2. State aid changes. When the State reduces aid to cities, cities must turn to other revenue sources, including property taxes, to maintain operations at a constant level. For 2001, Eagan will not see significant changes in direct payments received from the State. However, in less prosperous economic times, the State has had a history of gradually reducing its overall aid to cities. If and when the economy worsens significantly, it would be reasonable to expect the State to again pare back its aid payments. Furthermore, even in a healthy economy, unfunded State and Federal mandates will likely continue to be imposed on cities. 3. Fiscal disparities. Fiscal disparities is the mechanism established by the State through which Metro area communities share in the property tax revenues generated by commercial and industrial growth in the area since 1971. Because most of Eagan's commercial/industrial development occurred later—and in greater amounts—than in most area communities, Eagan is a net contributor to the fiscal disparities pool. In other words, Eagan is forced to share some of its property tax base and associated tax revenues with other more established Metro area cities that have not had the growth Eagan has had since 1971. 4. Property tax changes by other taxing jurisdictions. A property owner's tax bill is a combination of tax bills from the City, the County, the School District, and a couple other minor taxing jurisdictions. The City's portion is only about one-quarter of the total tax bill. Property owners should examine each jurisdiction's tax bill separately to determine the source of increases or decreases in their total bill. CALCULATION OF CITY'S PORTION OF PROPOSED PROPERTY TAXES Although it is not broken down as such on the statement, there are two components to the "Eagan -regular tax" figure in the 2001 Truth -in -Taxation statements: (1) the amount based on tax capacity, and (2) the amount based on market value, the latter resulting from the Community Center referendum approved by voters in June 2000. Tax Capacity -based Portion The graphics on pages 7 through 9 help illustrate how the amount based on tax capacity is calculated. Each property's tax capacity (based on market value and the type of property) is multiplied by the City's tax capacity rate (established by the City Council). The calculation of the City portion of taxes, excluding the 2 transit levy portion, on a residential property with a market value of $157,000 (approximate City average) for 2001 is as follows: Tax capacity of $157,000 home = $2,097 (see calculation on page 8) Tax capacity -based taxes = $2,097 x .20311 (tax cap. rate) = $426 Market Value -based Portion In June 2000, Eagan voters approved a $15.355 million bond referendum to fund construction of a Community Center and Central Park area. Construction is scheduled to begin in 2001. The first debt service payments will be due in early -2002; accordingly, the City must collect taxes in 2001 to be able to make those bond payments. The City's annual debt service will remain constant for the life of the bonds. Assuming Eagan continues to experience new residential and commercial/industrial development, current property owners can expect to see a reduction in the dollar amount of this market value -based tax in future years. The market value tax rate for 2001 is .0003285. Calculation of the 2001 market value -based tax on the average home is as follows: Market value -based taxes = $157,000 x .0003285 (MV rate) = $52 2001 PROPERTY TAX LEVY -CITY PORTION For the first time in four years, Minnesota cities with population over 2,500 are not subject to State -imposed levy limits. Nevertheless, City staff and Council have continued to prepare conservative operating budgets, levying only what is necessary to maintain current levels of service delivery, rather than levying to the maximum. In the prior two years, this philosophy resulted in levies below the State limits. The same philosophy continues this year in the absence of levy limits. Most of the levy supports General Fund operations. A comparison of the 2001 tax levy to the 2000 levy is shown below: Operating Levy General Fund Major Street Fund Equipment Revolving Fund Special Assessments on City Property General Facilities Renewal/Replacement Total Operating Levy 14,168,200 Special Levy — Debt Service (EDA land purchase) 0 Market Value Levy — Community Center 0 Total Levy $ 14,168,200 Actual 2000 $ 12,343,200 1,000,000 700,000 25,000 100.000 3 Proposed 2001 $ 13,238,600 1,000,000 700,000 65,000 100,000 15,103,600 123,000 1,400,000 $ 16,626,600 The last two line items above are the obvious difference between 2000 and 2001. The $123,000 Special Levy in 2001 is for debt service on the portion of the Community Center/Central Park property that was financed by Eagan Economic Authority (EDA) bonds. The voter -approved $1,400,000 Market Value Levy also represents debt service on bonds the City anticipates issuing in 2001 to finance construction and other improvements to the Community Center/Central Park area. One yardstick for measuring property taxes is the "levy per $1,000 market value." Property tax trends can be analyzed via a comparison of growth in the City's levy to growth in its total market value. Since 1993, the City's total property market value has grown at an annual rate of 8.0% while the levy has grown at a rate of only 4.6%, resulting in a significant decline in the levy per $1,000 in market value: 2001 2000 1999 1998 1997 1996 1995 1994 1993 Gross City Levy $ 16,626,600 14,168,200 13,496,602 13,706,513 13,378,170 12,630,900 11,615,077 10,985,940 11,598,892 Market Value $ 4,263,348,800 3,843,096,500 3,528,749,000 3,235,451,500 3,004,660,000 2,824,161,900 2,603,128,500 2,429,182,900 2,298,730,900 2001 GENERAL FUND BUDGET Levy per $1,000 Market Value $ 3.90 3.69 3.82 4.24 4.45 4.47 4.46 4.52 5.05 The proposed 2001 General Fund budget for the City of Eagan is $19,280,700, an increase of 5.9% over the 2000 budget of $18,200,000. Following are some points to highlight concerning the 2001 budget proposal: > No significant increases or reductions in service levels are proposed. > 1.75 additional FTEs are proposed: • one parks maintenance worker due to growth in the parks system since the last staff was added in 1997 • an additional .5 FTE for Information Technologies to help keep pace with the ever-increasing technological demands of citizens and staff • an additional .25 FTE in Police to do document imaging for archival of police records 4 ➢ Salaries/wages are up 5.4% from the original 2000 budget, a result of the 3% cost -of -living adjustment, the additional staff proposed, and the carryover effect from a revised compensation plan implemented in 2000. ➢ Rising insurance premiums, primarily in property and liability coverages, have caused an increase of $45,600, or 0.2% of the total budget. More than one-half of the overall increase in the General Fund budget is due to the personnel costs (referred to as "personal services") of the new positions. Comprising almost three-quarters of the total budget, Personal Services consists of employee compensation, Federal and State payroll taxes, and workers' compensation and health insurance. It is typical of a labor-intensive operation such as local government that the largest portion of the budget increase would be in personal services. Most other line item increases in the budget relate to the same inflationary pressures Eagan residents and businesses face. At the same time, the City reviewed all revenue producing programs to make certain that Eagan residents continue to receive high quality services at the lowest unit cost. More details relating to specific budget allocations appear in the attached charts and tables. OPT -OUT TRANSIT TAX LEVY Beginning with the 1997 tax levy, the City chose to exercise the option to levy taxes as an opt -out provider of area bus transit services. This means that the City portion of property taxes was increased by the transit tax amount, and the Special Taxing Districts Metro portion was correspondingly decreased by the same amount. The shift in reporting the levy does not affect the total taxes paid by a taxpayer. The State Legislature determines the dollar amount of the levy. Changing the tax collection from the Metropolitan. Council to the City provides the City more direct control and more efficient use of the transit taxes. 5 FREQUENTLY ASKED QUESTIONS (FAQs) When it comes to answering FAQs, sometimes pictures say it better than words. The charts and tables on the following pages serve to answer the questions we are commonly asked: What share of my tax bill goes to the City? Page 8 - Pie chart illustrating where your property tax dollars go How is the City share of my tax bill calculated? Page 9 - Summary of two components of tax calculation Page 10 - Graphic of tax capacity- based tax calculation Page 11 - Determining tax capacity of a property Page 12 - Determining the City's tax capacity rate How are tax rates changing? Page 13 - Table of the City's tax capacity rate history How is the 2001 tax levy being used? Page 14 - Pie chart reflecting allocation of 2001 property tax, and table comparing 2001 with 2000 Page 15 - Cost of City services supported by property taxes, illustrated by dollar amount for a $157,000 house What other revenue sources are used to pay for the proposed budget? Page 16 - Pie chart of total revenues by source Page 17— Comparative summary of 1999 (actual), 2000 (budget) and 2001 (proposed budget) for major revenue sources. 6 What amount of spending is proposed for 2001, and how does it compare to prior years? Page 18 - Pie chart and table of major expenditure categories Page 19 - Comparison summary of expenditures for 1999 (actual), 2000 (budget), and 2001 (proposed budget) What is the effect of the proposed levy on my property compared to the effect on other properties? Page 20 - Compares 1998 through proposed 2001 City taxes for property with various market values 7 Where do your property tax dollars go? Calculation is for property located in ISD 196, and assumes maximum education credit. 8 Two components, added together, comprise the "Regular Tax" figure shown in the City portion of your Proposed Property Tax Statement: 1) Tax capacity -based taxes This is the more complicated part of the calculation. See graphics on pages 9-11. 2) Market value -based taxes At the May 2000 referendum election, voters authorized the City to issue $15,355,000 in bonds to develop the Central Park area and construct a Community Center there. Bond payments will be made from a tax levy that is based on a property's market value, calculated like this: 9 N d X asA vta) a.O L 0 0 0 If0 a >i% "a co ca 0 x asii N L .z.co 2" Q c i5 76 a) i t6 N O U X U N Cco C `� LL 'U t/) O _al L (90.:7u)0 z cn -i--� c co Vi LO U a) cy)N o N cz N L Q zO tam -U Tu U (" C > X U N N as ,0) LL 0 I— LL f— z 10 Determining Your Property's Tax Capacity Property value X Class rate % The State has compressed class rates in recent years. Here is a comparison of rates for a sample of property types for 1998-2001: 1998 1999 2000 2001 Residential homestead * First $76,000 in value 1.00% 1.00% 1.00% 1.00% Over $76,000 1.85% 1.70% 1.65% 1.65% Residential non -homestead * First $76,000 in value 1.90% 1.25% 1.20% 1.20% Over $76,000 2.10% 1.70% 1.65% 1.65% Rental housing - 2 to 3 units 2.10% 1.70% 1.65% 1.65% Rental housing - 4 or more units 2.90% 2.50% 2.40% 2.40% Commercial/industrial First $150,000 in value 2.70% 2.45% 2.40% 2.40% Over $150,000 4.00% 3.50% 3.40% 3.40% * First tier limit was $75,000 for 1998 and 1999. EXAMPLE: Residential homestead valued at $157,500. 2001 tax capacity = (76,000 x 1.00%) + (81,500 x 1.65%) = $2,105 11 Determining the City's Tax Capacity Rate Total taxes to be generated by levy Property tax levy Operating Debt service Subtotal Less: Fiscal Disparities Distribution Net local levy 2000 $14,168,200 14,168,200 • • available to generate taxes 2001 % change $15,103,600 123,000 15,226,600 (1,194,841) (1,303,533) $12,973,359 $13,923,067 NOTE: Figures exclude Transit portion Total tax capacity Less: Fiscal Disparities Contribution Tax increment 2000 $72,161,765 (10,981,050) (234,414) Net local tax capacity $60,946,301 6.6% 7.5% (1.6%) 7.3% 2001 % change $81,062,193 12.3% (12,218,978) (294,549) $68,548,666 11.3% 25.7% 12.5% 2000 tax capacity rate = 12,973,359 / 60,946,301 = .21286 2001 tax capacity rate = 13,923,067 / 68,548,666 = .20311 12 City Tax Capacity Rate History Year� Tax Capacity Rate 2001 City Transit Total 2000 City Transit Total 1999 City Transit Total 1998 City Transit Total 1997 City Transit Total . 20311 . 03112 . 23423 . 21286 . 03172 . 24458 . 21527 . 03155 . 24682 . 22433 . 02990 . 25423 . 21743 . 02826 . 24569 13 Change (4.6%) (1.9%) (4.2%) (1.1%) 0.5% (0.9%) (4.1%) 5.5% (3.0%) 3.2% 5.8% 3.4% Spec Assess on City Prop 0.4% Equipment Revolving Fund 4.2% Use of Levy - 2001 Major Street Construction 6.0% Central Park/ Community Ctr 9.2% General Facilities Renewal 0.6% Use of Levy --2000 and 2001 General Fund Equipment Revolving Fund Spec Assess on City Prop Major Street Construction Central Park/ Community Ctr General Facilities Renewal Total Levy 2000 $ 12,343,200 $ 700,000 25,000 1,000,000 100,000 % 2001 Change 13,238,600 7.3% 700,000 0.0% 65,000 160.0% 1,000,000 0.0% 1,523,000 100,000 0.0% $ 14,168,200 $ 16,626,600 17.4% 14 Estimated Annual Cost of City Services for $157,000 Homestead Payable 2001 Property Tax Supported City Service Amount of Levy General Government $ 82 Mayor/Council, Administration, Data Processing, Finance/City Clerk, Legal, Community Development, Cable TV Public Safety 157 Police and Fire Public Works Public Works/Engineering, Streets and Highways, Central Services Maintenance Parks and Recreation Parks Maintenance, Recreation Programming, Tree Conservation 56 56 General Government Buildings 11 Building Maintenance General Fund Contingency 7 Debt Service Purchase of Central Park Property 3 Special Assessments on City Property 2 Major Capital Equipment 20 Gen'I Facilities Renew/Replacemt 3 Major Street Construction 28 Central Park/Community Center 52 TOTALS $ 478 15 2001 General Fund Revenues $ 19,280,700 Other 3.6% Recreation Charges 2.1% Charges for Services 4.4% Intergov't Revenue 12.2% Program Revenues 4.6% Licenses & Permits 3.9% Transfers 0.6% 16 2001 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 1999 Actual 2000 Budget 2001 Budget General Property Taxes $ 11,666,769 $ 12,343,200 $ 13,238,600 Licenses 166,656 156,800 165,800 Permits 1,278,561 569,000 577,300 Intergovernmental Revenues 2,365,643 2,312,900 2,361,300 Charges for Services 1,204,213 812,100 847,600 Recreation Charges 399,897 422,700 410,700 Fines & Forfeits 193,835 177,000 178,000 Other Revenues 606,788 396,900 508,700 Program Revenues 801,968 881,700 883,400 Transfers 202,106 127.700 109,300 TOTAL GENERAL FUND $ 18,$86,436 $ 18,200,000 $ 19,280,700 2001 General Fund Allocation of Expenditures Public Works 15.3% 18 2001 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES GENL GOVERNMENT 01 Mayor & Council 02 Administration 03 Information Technologies 05 Finance/City Clerk 06 Legal 07 Community Development 09 Communications 10 Telecommunications Gen Govt Total PUBLIC SAFETY 11 Police 12 Fire Public Safety Total PUBLIC WORKS 21 Public Works Engineering 22 Streets & Highways 24 Central Svces. Maint. Public Works Total PARKS & RECREATION 31 Parks & Recreation 32 Tree Conservation Parks & Rec Total 1999 Actual $ 106,878 727,125 553,554 795,878 299,660 1,304,667 38,247 GENL GOVT BLDG MAINT 33 Building Maintenance Total Expenditures - General Fund 41 Contingency --undesignated 3,826,009 6,375,871 966.427 7,342,298 953,525 1,115,671 381.829 2,451,025 2,275,045 253.461 2,528,506 495,397 16,643,235 2000 Budget $ 101,700 768,300 604,500 905,200 346,000 1,314,800 2,800 4,043,300 6,813,000 1.008.800 7,821,800 1,046,400 1,332,500 434.700 2,813,600 2,547,900 241.700 2,789,600 566,900 18,035,200 164,800 2001 Proposed $ 103,200 671,300 704,600 875,500 359,800 1,400,400 178,800 4,293,600 7,115,400 1,064,300 8,179,700 1,114,400 1,368,800 457,200 2,940,400 2,659,200 278,900 2,938,100 547,300 18,899,100 381,600 Total Expenditures + Contingency $ 18.200.000 $ 19,280,700 19 Eagan Property Tax History 1998-2001 1998 1999 2000 2001 Tax cap rate * 0.22433 0.21527 0.21266 0.20311 referendum rate 0.0003285 2001 breakdown tax Comm Ctr capacity referendum Market Value rate rate $ 70,000 $ 157 $ 151 $ 149 $ 165 142 23 100,000 272 253 246 268 235 33 130,000 397 363 351 378 335 43 150,000 480 436 421 452 402 49 200,000 687 619 597 636 570 66 250,000 895 802 772 820 737 82 300,000 1,102 985 948 1,004 905 99 * Tax capacity rate excludes Transit portion 20