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12/07/1994 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY .COUNCIL MUNICIPAL CENTER BUILDING DECEMBER 7. 1994 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) V. 6:55 - CONSENT AGENDA (PINK) P. .2- A. P.? B. it - . l (D . �. 31 E. e, �S'-G. P �.57H. P4(1. i 'q K. L(gL. VI. P. A. B. F(43 c. pcocD. VII. p. a A. P'411. PERSONNEL ITEMS LICENSES, Plumbers AMENDMENT, Eagan City Code Chapter 6.37, "Other Business Licensing and Regulation" to enact a Moratorium on Issuance of Additional Residential and Combination Refuse and Recycling Hauling Licenses CHANGE ORDERS, Police Department Building Project CONTRACT 94-19, Approve Plans and Specifications, Authorize Advertise- ment for Bids, Miscellaneous Water Quality Improvements ACCEPT RESIGNATIONS, Cable Commission FINAL SUBDIVISION, Broman Addition, Skyline Road, north of Yankee Doodle Road RECOMMENDATION, Solid Waste Abatement Commission, to add mixed office paper to residential recycling collection ORDINANCE AMENDMENT, Allowing Car Washes as a Conditional Use in a Neighborhood Business Zoning District. SPECIAL HUNTING PERMIT, Gerald R. Dempewolf CONTRACT 92 -JJ, Acknowledge Completion/Authorize City Maintenance; Sts. Martha and Mary Addition Storm Sewer CONTRACT 95-01, Approve Plans and Specifications, Authorize Advertise- ment for Bids, Civic Arena Project 7:00 - PUBLIC HEARINGS (SALMON) PROPOSED BUDGET AND PROPERTY TAX LEVY for 1995. PROJECT 676, Duckwood Estates Additional Street Lights VACATION PUBLIC RIGHT-OF-WAY, Center Street, Verdant Acres ASSESSMENT of delinquent weed cutting and miscellaneous bills OLD BUSINESS (ORCHID) PROJECT 679, Authorization to Prepare Feasibility Report, West Lone Oak Road Storm Sewer PROJECT 673, Request to Finance Temporary Storm Sewer, Red Pine Lane - Pines Edge Addition G C. WAIVER OF PLAT, Lot 1, Block 1, Stryker Addition; along Beau D'Rue r / Drive in the Northeast Quarter of Section 19. �QC D REVIEW OF CONDITIONS TO CONDITIONAL USE PERMIT, Husein Ansari (Will be P , V ((( continued to a future date.) VIII. NEW BUSINESS (TAN) P A. FINAL SUBDIVISION, Verdant Acres, Trails End Road, south of Yankee Doodle Road g 7 B. REZONING, Pines Edge 2nd Addition - Shamrock Development, of .89 acres 47:2? from Public Facility to R -1, Single Family, and PRELIMINARY SUBDIVISION / for 1.37 acres north of Biscayne Avenue and east of Highway 3. (;),( REZONING, Eagan Family Housing Limited Partnership, of 8.1 acres from R -4 to PD, Planned Development, east side of Johnny Cake Ridge Road, north of Oak Ridge Elementary School P.13(CD• COMP GUIDE PLAN AMENDMENT, Easter Lutheran Church, from D -1, Single Family Residential to PF, Public Facilities, and PRELIMINARY PLANNED DEVELOPMENT /CONDITIONAL USE PERMIT, on northwest corner of Pilot Knob � Road and Cliff Road. o. tlJT E. 1995 COMPREI1F.NSIVE Fee Schedule TX. ADDITIONAL ITEMS (GOLD) Z. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) ZI. ADMINISTRATIVE AGENDA (GREEN) ZII. VISITORS TO BE HEARD (for those persons not on agenda) ZIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 30, 1994 SUBJECT: AGENDA INFORMATION FOR THE DECEMBER 7, 1994 CITY COUNCIL MEETING After approval is given to the December 7, 1994 City Council agenda, the regular meeting minutes for the November 15, 1994 City Council meeting and minutes for the November 9, 1994 and November 29, 1994 special City Council meetings, the following items are in order for consideration. 1 There are no items to be discussed under Department Head Business at this time. Agenda Information Memo December 7, 1994 City Council Meeting A. PERSONNEL There are twelve (12) items on the agenda referred to as consent items requiring 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS Item 1. Police Officers - -It is the recommendation of Chief of Police Geagan that Community Service Officers Tracy Harrell, John King, Jr. and Roger New be promoted to Police Officers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the promotion of Tracy Harrell, John King, Jr. and Roger New to Police Officers. Item 2. Contractual Skating Instructors - -It is the recommendation of Recreation Supervisor Oyanagi that the City contract with John Glynn and Kim Hopkins to provide ice skating lessons during the winter season. ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracting with John Glynn and Kim Hopkins to provide ice skating lessons for the winter season. Item 3. Contractual Dog Obedience Instructor --It is the recommendation of Superintendent of Recreation Peterson that the City contract with Irena Vyatkina to provide dog obedience lessons for the remainder of the fall term. ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracting with Irena Vyatkina as a temporary contractual dog obedience instructor. Item 4. Life /A D & D/Long Term Disability Insurance —Staff is currently reviewing proposals for the provision of life, A D & D and long -term disability insurance policies for the employees at the City of Eagan. A recommendation for the approval of a proposal will be forwarded to the Council with the Administrative Agenda packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracting with a company to be named to provide life, A D & D and long -term disability insurance for the City of Eagan employees. Agenda Information Memo December 7, 1994 City Council Meeting Item 5. Resignation /Superintendent of Parks City has received a letter of resignation from Superintendent of Parks VonDeLinde. Mr. VonDeLinde has accepted a sition as the Director of Parks and Recreation for Anoka County. Enclosed on page is a copy of the letter. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Superintendent of Parks VonDeLinde. 3 NOVEMBER 23, 1994 TOM HEDGES CITY ADMINISTRATOR CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN 55122 Dear Mr. Hedges: It is with mixed emotion that I submit, to you, my letter of resignation My last date of employment will be January 2,1995. On January 3rd, I of Parks and Recreation with Anoka County. As you know, Tom, my decision to leave employment with the city has not been an easy one. The opportunities for professional growth and development that have been extended to me have been truly outstanding. Eagan has given me a chance to be a central part of many exciting and "cutting edge" initiatives in the parks, recreation and natural resources fields. I will truly miss my professional relationships with people like yourself and Ken Vraa who have provided mentorship and support for me during these last eight years. I, too, will miss the many friendships that I have developed, not only among my fellow city employees, but throughout the greater Eagan community. Severing my personal and professional ties to the community will not be an easy experience, I can assure you. At the same time, I am very excited and encouraged by the professional opportunities that lie ahead as I enter a new stage in my professional career. As you know, Anoka County is one of the fastest growing urban areas in the state and faces many of the same challenges of a maturing and expanding area like the City of Eagan. I will look forward to being part of a "team" which places an equal emphasis on quality of life for its citizens, through park and recreation services. For the short term, my family and I are planning to continue to live in Eagan and to be actively involved in the many things which the community has to offer. Much the same, I look forward to maintaining my friendships and professional relationships with the many fine people I have come to know here at the city. Tom, Eagan is a truly exceptional community. The City Council, Advisory Commission, and people like yourself are to be thanked for their vision in preserving and enhancing the city's natural and cultural resources. Our community has one of the best municipal park and recreation systems to be found anywhere. I can't thank you enough for entrusting in me eight of the best years of my career as a part of your management team. Please accept my best wishes for you and the city in your continued pursuit of excellence for the residents of our community. If I can be of assistance to you, please don't hesitate to contact me. VonDeLinde perintendent of Parks /sb 4 city of aegan MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612)681 -4600 FAX (612) 681-4612 TDD: (612) 454-8535 THE LONE OAK TREE BOL OF STRENGTH AND GROWTH IN OUR COMMUNITY QUO! Opportunity /Afffmnotive Action Employer THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk as Superintendent of Parks with the City of Eagan. will assume my new responsibilities as the Director 38wp:hedges.313 MAINTENANCE FACILITY 5501 COACHMAN POINT EAGAN. MINNESOTA 55122 PHONE: (612) 681.4300 FAX: (612) 681.4360 10D: (612) 454.8535 Agenda Information Memo December 7, 1994 City Council Meeting Item 6. Resignation /Administrative Assistant letter of resi gnation from Admi /Police Department --The City has received a Administrative Assistant Cummings. a position as Assistant to the City Administrator/Personnel irectort city accete of Inver Grove Heights. A copy of the letter is enclosed on page ( . November 15, 1994 Patrick J. Geagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 Dear Pat, This letter is to inform you that I will be resigning my position at the City of Eagan. I have accepted a position with the City of Inver Grove Heights. My last day with Eagan will be December 2, 1994. Thank you for all the opportunities over the past 20 months. The experience I received while with the City will aid in advancing my career. Leaving is always bittersweet. I will miss you and all my fellow employees at the City of Eagan. Sincerely, Linda J. Cummings Agenda Information Memo December 7, 1994 City Council Meeting Item 7. Resignation/Utility Maintenance Worker --The City has received a letter of resignation from Utility Maintenance Worker Collier. Mr. Collier has accepted a position as a Utility aintenance Worker at the city of Cambridge. A copy of the letter is enclosed on page . ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Utility Maintenance Worker Collier. NOVEMBER 14, 1994 WAYNE SCHWANZ SUPERINTENDENT OF UTILITIES CITY OF EAGAN 3501 COACHMAN POINT EAGAN, MN 55122 Dear Wayne: This is to inform you that I am resigning from my position as Utilties Maintenance Worker with the City of Eagan. My last day of employment with the city will be November 25, 1994. Thank you. Brett Collier 8 Agenda Information Memo December 7, 1994 City Council Meeting PLUMBERS LICENSES B. Plumbers Licenses --City Code requires that plumbing contractors operating in the City of Eagan be licensed in at least an annual basis. Enclosed on page /O is a list of contractors whose applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. PLUMBER LICENSES FOR APPROVAL - YEAR 1994 1. LOREN BROWN PLUMBING 2. PROPERTY REPAIR SERVICE INC. 3. R.C.I. MECHANICAL For December 7, 1994 City Council meeting Agenda Information Memo December 7, 1994 City Council Meeting MORATORIUM ON ADDITION OF RESIDENTIAL REFUSE AND RECYCLING HAULING LICENSES C. Amendment, Eagan City Code Chapter 637, "Other Business Licensing and Regulation" to enact a Moratorium on Issuance of Additional Residential and Combination Refuse and Recycling Hauling Licenses - -At its meeting of November 1, 1994, the City Council acted on a Solid Waste Abatement Commission recommendation to place a one year moratorium on the issuance of additional residential refuse and recycling licenses while the concept of organized collection is being studied. At the suggestion of legal counsel, this action has been reduced to an ordinance. The ordinance amendment has been reviewed by legal counsel and staff and is in order for consideration by the Council at this time. A copy is enclosed on pages jot through a. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve an ordinance placing a moratorium on the issuance of additional residential and combination hauling licenses, as presented. AN ORDINANCE OF THE QTY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.37, SUBD. 5, ENTITLED "MORATORIUM ON ISSUANCE OF ADDITIONAL RESIDENTIAL AND COMBINATION HAULING LICENSES "; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE, CHAPTER 1 AND SECTION 6.99. B. C. ORDINANCE NO. 2ND SERIES The Qty Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by adding Sec. 6.37, Subd. 5, to read as follows: Section 6.37, Combination Subd. 5. Moratorium on Issuance of Additional Residential and Hauling Licenses A. On November 1, 1994, the Eagan City Council directed a study to be conducted for the purpose of considering an amendment to the City Code to reduce the number of refuse and recycling hauling trucks on neighborhood streets in Eagan. This interim ordinance is adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens. Commencing on the effective date of this ordinance and ending on November 1, 1995, or such sooner time as the City Council may determine, residential refuse and recycling haulers operating in the City shall be subject to the following: (i) no additional residential or combination hauling licenses shall be issued. (ii) nothing in this ordinance shall prevent haulers licensed for residential and combination refuse and recycling hauling at the time of adoption from renewing those licenses. D. The termination date of this ordinance may be extended for such additional periods as the Qty Council may deem appropriate not exceeding a total additional period of 18 months. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. 1a Section 3. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: E.J. VanOverbeke By: Thomas A. Egan Its Clerk Its Mayor Date Ordinance Adopted: December 7. 1994 Date Ordinance Published in Legal Newspaper: l3 Agenda Information Memo December 7, 1994 City Council Meeting CHANGE ORDERS/POLICE FACILITY/MUNICIPAL CENTER EXPANSION D. Change Orders, Police Department Building Project—Enclosed on pages through is a memorandum outlining the thirteen change orders which are in order for consideration by the Council at this time. It is noted in the memorandum, the changes represent a net deduction of $7,120.31 from the construction bid. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the thirteen change orders attached in the amounts indicated for the Police Department /Municipal Center expansion. I� MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: NOVEMBER 22, 1994 SUBJECT: POLICE DEPARTMENT - MUNICIPAL CENTER EXPANSION CHANGE ORDERS Attached are copies of 13 change orders covering nine contractors for the building expansion project. In aggregate, the changes represent a deduction from the total construction bid in the amount of $7,120.31. Portions of two of the changes are allocated to the general conditions portion of the project which is budgeted seperately. They include an increase for the installation of temporary power in the amount of $3,512 and site work in the amount of $1,132. As a reminder, a consequence of the construction management approach to this project is that changes from each of the twenty -nine contractors are covered by seperate change orders. The number of changes is therefore somewhat greater than projects with a general contractor. The estimate for each change is reviewed by the construction manager and adjusted with the contractor if appropriate. The changes at this time are as follows: 1. Minuti -Ogle - Change Order # 1 /pco #6 - deletion of partition walls in clerical area - ($801) 2. Material Handling Group - Change Order #1 /pco #4 - delete bond requirement - ($120) 3. Northland Concrete (Footings and Foundation) - Change Order #1 /pco #5 - site work under general conditions and deletion of clay drain tile - $32 4. Northland Concrete (Masonry and Concrete) - Change Order #1 /pco #13 - additional Toad bearing wall and wall thickness - $448 5. Minuti -Ogle - Change Order #2 /pco #22 - Delete fire rating in portions of the police facility - ($8,003) 6. Swanson and Youngdale - Change Order #1 /pco #15 - Delete fire rating - ($196) 7. Harmon Glass - Change Order #1/pco #23 - Add one door to facilitate fire rating change and change glass - $94 8. Romark - Change Order #1/pco #16 - Delete fire rating - ($950) 9. Olson Fire Protection - Change Order #1 /pco #20 - Replace sheetrock ceiling with acoustical panel system in hallways - $1,785.89 10. Peterson Electric - Change Order #2 /pco #14 - Modify electrical for fire rating and Department of Health and reuse emergency generator - ($13,303) 11. Peterson Electric - Change Order #3 /pco #26 - Install temporary power under general conditions and revise light fixtures - $4,987.80 12. Precision Metals - Change Order #2 /pco #29 (Replaces unexecuted Change Order #1 /pco #11) - Modify door hardware for Department of Corrections - $8,770 13. Carciofini Caulking - Change Order #1/pco # 21 - Add masonry control joints between buildings - $112 These items are in order for consideration by the City Council at this time. t o e City As jr nt y /(e PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR Mmuti-Ogle Company, Inc. 2922 Oakland Avenue South Minneapolis, MN 55407 You are directed to make the following changes in this Contract: CHANGE ORDER CHANGE ORDER NUMBER 01 INITIATION DATE: September 23, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR Bid Division 09: Steel Studs and Drywall CONTRACT DATE: June 22, 1994 o Provide all work associated with the following item(:) stated in Bulletin No. 6, dated August 9, 1994 and in your proposal, dated September 15, 1994. • Delete 7' high T- shaped walls in Clerical areas 207 - 212. DEDUCT (S801.00) Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prim to this Change Order The Contract Sum will be inaeased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. E&V, Incorporated Minneapolis, MN By: ;T S Gc-e Date: 3 7/141 Recommended by Construction Manager Approved by Architect Thorbeck Architects Minneapolis, MN By: <� LVQ��.IM• -�� Date Audrorized by Owner Ci of Eagan PCO No. 06 s 106,760.00 s 0.00 s 106,760.00 s (801.00) s 105,959.00 (0)Days • PROJECT: City of Eagan Police Facility Eapn, Minnesota TO CONTRACTOR: By: Date: Material Handeling Group, Inc. 5345 west 125th Street Savage, MN 55378 commended by Construction Manager E&V, Incorporated Minneapolis, MN By; ./9 Date: 1.areed to bv Contractor Material Handeling Grou Inc. Savag CHANGE ORDER You as directed to make the following flanges in this Contract: o Provide all work associated with the following item(s): • Delete pricing for PLM bond from contract amount CHANGE ORDER NUMBER: 01 INITIATION DATE: August 24, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 29: Metal Shelving CONTRACT DATE: June 22, 1994 DEDUCT (8121.00) Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net flange by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. l � Approved bv Architect Thorbeck Architects Minneapolis, MN By: Date: Dej'. 10 Authorized bv Owner Ci .f Eagan a :T . , ,1 PCO No. 04 S 4,219.00 S 0.00 S 4,219.00 S - 120.00 S 4,099.00 (0)Days PROJECT: City of Eagan Police Facility Eapn, Minnesota TO CONTRACTOR Northland Concrete & Masonry 12026 Riverwood Drive Burnsville, MN 55337 You are directed to make the following changes in this Contract: Date: Aged to bv contractor Northland Concrete & Masonry Burnsville, MN By: , Tie i Recommended by Construction Manaster CHANGE ORDER CHANGE ORDER NUMBER 01 INITIATION DATE: Septemba 23, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 01: Concrete Footings, Foundations & Flatwork CONTRACT DATE: June 22, 1994 OCT 4 1994 PCO No. 05 o Provide all work associated with the following items) stated in FCA # 2, dated July 1, 1994 and in your proposal, dated August 16, 1994. • Furnish and install temporary fencing around construction site. ADD S837.00 • Install job sign. ADD 5295.00 o Provide all work associated with the following item(s) stated in FCA # 5, dated August 5, 1994 and in Bulletin No. 04, dated August 4, 1994. •Delete clay tile drain and add PVC pipe. DEDUCT 01.10040) TOTAL ADD 532.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Approved bv Architect Thorbeck Architects Minneapolis, MN By: Date: Oer►dret, II, I q44 Authorized by Owner 1 195,000.00 1 0.00 1 195,000.00 $ 32.00 1 195,032.00 (0)Days PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Northland Concrete & Masonry 12026 Riverwood Drive Burnsville, MN 55337 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated • Additional shoring as per detail 11A /S6. o Provide all work associated with the following item(s) stated • Additional wall thickness in Sallyport B 150 and C 171. o Provide all work associated with the following item(s) stated • Additional 6" CMU wall as per drawings RA5, RA6, and RA7, and set door frames. o Provide all work associated with the following item(s) stated • Delete concrete footing, reinforced concrete pipe and steel as per drawing 5/9.1. o Provide all work associated with the following item(s) stated • Revise emergency generator. • Provide all work associated with the following item(s) stated • Revise light fixtures. o Provide all work associated with the following item(s) stated • Revise door No. 148A. Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change bypreviously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager E&V, Incorporated Minneapolis, MN By 7 ) Date: Ib %greed to by Contractor Northland Concrete & Masonry Burnsville, MN , te CHANGE ORDER CHANGE ORDER NUMBER: 01 INITIATION DATE: October 14, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 02: Masonry and Stone CONTRACT DATE: June 22, 1994 a� in Bullettn No. 1, dated July 20, 1994. ADD 50.00 in Bulletin No. 6, dated August 9, 1994. ADD 5183.00 in Bulletin No. 7, dated August 19, 1994. ADD 5265.00 in Bulletin No. 8, dated August 19, 1994. floor plate ADD 50.00 in Bulletin No. 9, dated August 26, 1994. ADD 50.00 in Bulletin No. 10, dated September 1, 1994. ADD 50.00 in Bulletin No. 12, dated September 21, 1994. ADD 50.00 Approved by Architect Thorbeck Architects Minneapolis, MN ' 1 By: -� -��. -- ti, /��.tt.. Date: Ilk `it Authorized by Owner City of Eagan Eagan, MN TOTAL ADD OCT By: Date: PCO No. 13 5448.00 $ 570,000.00 $ 0.00 $ 570,000.00 $ 448.00 $ 570,448.00 (0)Days CHANGE ORDER PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Minuti -Ogle Company, Inc. 2922 Oakland Avenue South Minneapolis, MN 55407 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 7, dated August 19, 1994. • Deletel hour rated gypsum board ceiling system in Rooms 111A, 1118, 111C, 112, 119, 204, 213, 223, 231, and 234. DEDUCT ($8,003.00) o Provide all work associated with the following item(s) stated in Bulletin No. 8, dated August 30, 1994. • Revise room finsih in Room 137 to be the same as Room 141. ADD $0.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 106,760.00 Net change by previously authorized Change Orders $ (801.00) The Contract Sum prior to this Change Order $ 105,959.00 The Contract Sum will be decreased by this Change Order $ (8,003.00) The new Contract Sum including this Change Order will be $ 97,956.00 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager AyDroved by Architect E&V, Incorporated Minneapolis, MN By: c- 21 Date: Minuti -Ogle C Minneapo By: Date: b tractor CHANGE ORDER NUMBER: 02 INITIATION DATE: September 23, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 09: Steel Studs and Drywall CONTRACT DATE: June 22, 1994 c9 Thorbeck Architects Minneapolis, MN By: Date: 1 /4-/ Authorized by Owner City of Eagan Eagan, MN By: Date: PCO No. 22 TOTAL ($8,003.00) PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Swanson and Youngdale, Inc. P.O. Box 26070 Minneapolis, MN 55426 You are directed to make the following changes in this Contract: Recommended by Construction Manager E&V, Incorporated Minneapolis, MN By: Date: Agreed to by Contractor Swanson and Youngdale, Inc olis, MN CHANGE ORDER CHANGE ORDER NUMBER: 01 INITIATION DATE: October 14, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 11: Painting and Wallcovering CONTRACT DATE: June 22, 1994 o Provide all work associated with the following item(s) stated in Bulletin No. 7, dated August 19, 1994. • Substitute non -rated corridors as per Drawings RA5, RA6, and RA7. DEDUCT ($251.00) o Provide all work associated with the following item(s) stated in Bulletin No. 8, dated August 19, 1994. • Revise Room Finish of Room 137 to be the same as Room 141. ADD $55.00 .Jot valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be decreased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Approved by Architect Thorbeck Architects Minneapolis, MN By: T ' —a , Date: IVY l et+ Authorized by Owner City of Eagan Eagan, MN TOTAL (5196.00) By: Date: PCO No. 15 $ 32,045.00 $ 0.00 $ 32,045.00 $ (196.00) $ 31,849.00 (0)Days PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Harmon Contract, W.S.A., Inc. 1620 Broadway Street NE Minneapolis, MN 55413 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 7, dated August 19, 1994. • Add one hollow metal door and frame, and glaze with 1/4" clear tempered glass. • Change glass type in doors and frames as requested. Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreeme herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this. Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager E&V, Incorporated Minneapolis, MN Agreed to by Contractor Hannon Contract Minneapolis, MN CHANGE ORDER CHANGE ORDER NUMBER: 01 INITIATION DATE: October 14, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 16: Aluminum, Glass and Glazing CONTRACT DATE: June 22, 1994 a3 Approved bv Architect Thorbeck Architects Minneapolis, MN Date: 11i4 4 4- Authorized bv Owner City of Eagan Eagan, MN ADD TOTAL By: Date: PCO No. 23 594.00 594.00 $ 151,996.00 $ 0.00 5 151,996.00 $ 94.00 $ 152,090.00 (0)Days PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Romark, Inc. 278 Chester Street St. Paul, MN 55107 You are directed to make the following changes in this Contract: E&V, Incorporated Minneapolis, MN CHANGE ORDER CHANGE ORDER NUMBER: 01 INITIATION DATE: October 14, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 23: HVAC CONTRACT DATE: June 22, 1994 o Provide all work associated with the following item(s) stated in Bulletin 7, dated August 19, 1994. • Revisions as per drawings R2M12. • Revisions as per drawings RIM13 -1 and RIM13 -2. DEDUCT (5995.00) o Provide Ili work associated with the following item(s) stated in Bulletin 8, dated August 12, 1994. • All revisions as per the Minnesota Department of Health. ADD 50.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 559,000.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order $ 559,000.00 The Contract Sum will be decreased by this Change Order $ (950.00) The new Contract Sum including this Change Order will be $ 558,050.00 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect Thorbeck Architects Minneapolis, MN By: 't 6 ) By: t e l l - - -- Date• Date: I t /'J / e i 4 Agreed to by Contractor Authorized by Owner TOTAL (5995.00) Romark, Inc. City of Eagan St. Pa ul, MN Eagan, MN r. k7 By: Q t ' � ` By: Date: Date: a Li PCO No. 16 PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Olsen Fire Protection 321 Wilson Street NE Minneapolis, MN 55418 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin 7, dated August 19, 1994. • Ceilings of rooms 111A, 111B, 111C, 112, 119, 204, 213, 223, 231, and 234 shall be acoustical ceiling tile in lieu of 1 hour gypsum board ceiling system and Ix) A.C.T. ceiling and delete access panel in romm 111A. o Provide all work associated with the following item(s) stated in Bulletin 8, dated August 30, 1994. • Revisions to mechanical plans as per the Minnesota Dept. of Health. ADD 50.00 TOTAL ADD 51,785.89 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended bv Construction Manager E&V, Incorporated Minneapolis, By: Date: Agreed to bv Contractor Olsen Fire Protection Minneapolis, MN By: /_�� s.�C_l/.r✓ Date: Jo , 3 3 ¢ CHANGE ORDER CHANGE ORDER NUMBER: 01 INITIATION DATE: October 14, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 24: Fire Protection CONTRACT DATE: June 22, 1994 as Approved bv Architect Thorbeck Architects Minneapolis, MN BY: Date: 11/,1 /°14- Authorized bv Owner City of Eagan Eagan, MN By: Date: . PCO No. 20 ADD 51,785.89 $ 41,800.00 $ 0.00 $ 41,800.00 $ 1,785.89 $ 43,585.89 (0)Days PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Petersen Electric Unlimited 12903 Pioneer Trail Eden Prarie, MN 55347 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 6, dated August 9, 1994. • Revise east wall of Sallyport 'B' 150 and north wall of Sallyport 'C' 171 to be type 'C'. • Delete T- shaped walls in clerical areas 207 -212. ADD $0.00 o Provide all work associated with the following item(s) stated in Bulletin No. 7, dated August 19, 1994. • Revisions as per drawings R2M12. • Revisions as per drawings R1M13 -1 and R1M13 -2. ADD 55,715.00 o Provide all work associated with the following item(s) stated in Bulletin No. 8, dated August 12, 1994. • All revisions as per the Minnesota Department of Health. ADD $878.00 o Provide all work associated with the following item(s) stated in Bulletin No. 11, dated September 12, 1994. • Revisions as per drawings RIM 11, R2M13, RM2AM16, and RM2BM16. ADD $0.00 o Provide all work asociated with the following item(s) stated in Bulletin No. 9, dated August 31, 1994. • Revise emergency generator. DEDUCT ($19,896.00) TOTAL (513,303.00) Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be decreased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended bv Construction Manager E&V, Incorporated Minneapolis, MN Agreed to bv Contractor Petersen Electric Unlimited Eden Prarie, MN CHANGE ORDER CHANGE ORDER NUMBER: 02 INITIATION DATE: October 14, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 25: Electrical CONTRACT DATE: June 22, 1994 Approved bv Architect Thorbeck Architects Minneapolis, MN By: F)/4— Date: 11 /' ief Authorized bv Owner City of Eagan Eagan, MN By: Date: PCO No. 14 $ 417,905.00 $ 158.00 $ 418,063.00 $ (13,303.00) $ 404,760.00 ( 0 ) Days i PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: By: Date: Petersen Electric Unlimited 12903 Pioneer Trail Eden Prarie, MN 55347 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 10, dated September 1, 1994: • Revise4ight fixtures as per Shhet E5, E6, and El 1. ADD $1,475.80 o Provide all work associated with the following item(s) stated FCA No. 8, dated September 27, 1994: • Temporary power from line at Pilot Knob Road to the site. ADD S3.512.00 TOTAL $4,987.80 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 417,905.0f Net change by previously authorized Change Orders $ (13,145.00) The Contract Sum prior to this Change Order $ 404,760.00 The Contract Sum will be decreased by this Change Order 5 4,987.80 The new Contract Sum including this Change Order will be $ 409,747.80 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Minneapolis, MN Agreed to by Contractor Petersen Electric Unlimited Eden Prarie, MN CHANGE ORDER CHANGE ORDER NUMBER: 03 INITIATION DATE: October 19, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 25: Electrical CONTRACT DATE: June 22, 1994 cD1 Thorbeck Architects Minneapolis, MN By: Date: it %»1/ 14- Authorized by Owner City of Eagan Eagan, MN By: Date: PCO No. 26 PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Precision Metals, Inc. 5365 N. 124th Street Milwaukee, WI 53225 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 14, dated September 28, 1994, and revised Thorbeck letter dated October 17, 1994: • Deletion of Change Order No. 01, Project Change Order No. 11, dated October 10, 1994, in lieu of Bulletin 14. DEDUCT ($4,712.00) • Change to Hardware- Groups 35 and 36 as per Bulletin 14 and Thorbeck Architect. ADD $8,770.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 16,800.00 Net change by previously authorized Change Orders $ 4,712.00 The Contract Sum prior to this Change Order $ 21,512.00 The Contract Sum will be increased by this Change Order $ 4,058.00 The new Contract Sum including this Change Order will be $ 25,570.00 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended bv Construction Manager Approved by Architect E&V, Incorporated Minneapolis, MN By: 7 � Date: /O /99f/ Agreed to bv Contractor Precision Metals, Inc. Milwauk By:. . D it odore lT. Koenigs esident October lb, 1994 WI CHANGE ORDER CHANGE ORDER NUMBER: 02 INITIATION DATE: October 19, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 27: Precision Metals, Inc. CONTRACT DATE: June 22, 1994 Thorbeck Architects Minneapolis, MN By(t — Wee. .�x Date: 11 4/44- Authorized bv Owner City of Eagan Eagan, MN PCO No. 29 TOTAL 54,058.00 By: Date: CHANGE ORDER PROJECT: City of Eagan CHANGE ORDER NUMBER: 01 Police Facility Eagan, Minnesota INITIATION DATE: October 11, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Precision Metals, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 5365 N. 124th Street Milwaukee, WI 53225 CONTRACT FOR: Bid Division 27: Precision Metals, Inc. CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s): • 5 - Group 35 at opening: #149D, 1149E, 0150A, #150B & #171B. • 1 - Group 36 at opening #171A. ADD $4,062.00 o Provide all work associated with the following item(s) as per D.O.C. letter, dated September 9, 1994. • Change in Hardware -Group 40 (Security Door Pulls). ADD S650.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 16,800.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order $ 16,800.00 The Contract Sum will be increased by this Change Order $ 4,712.00 The new Contract Sum including this Change Order will be $ 21,512.00 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended bv Construction Manager Anoroved bv Architect E&V, Incorporated Minneapolis, MN By: Date: (C Thorbeck Architects Minneapolis, MN TOTAL $4712.00 By: Date: Agreed to bv Contractor Authorized bv Owner Precision Metals, Inc. City of Eagan K ilwaEtkee, W1 _ Eagan, MN By: (. Lt „G ; -[ [ ..: f� 7 B Date: Tneodoie M. Koeligs, President Date: October 28, 1944 a � PCO No. 11 1' J.ecommended by Construction Manager E&V, Incorporated Minneapolis, MN By: Date: Agreed to by Contractor Carciofini Caulking Company New ri ton, MN CHANGE ORDER PROJECT: City of Eagan CHANGE ORDER NUMBER: 01 Police Facility Eagan, Minnesota INITIATION DATE: October 14, 1994 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Carciofini Caulking Company CONSTRUCTION MANAGER'S PROJECT NO: 9423 755 Fourth Street NW New Brighton, MN 55112 CONTRACT FOR: Bid Division 28: Caulking CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated Bulletin 7, dated August 30, 1994. • Add masonry control joints for walls as per drawing RA5. ADD Not valid until signed by the Owner, the Architect and the Construction Manager, Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 8,800.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order 5 8,800.00 The Contract Sum will be increased by this Change Order $ 112.00 The new Contract Sum including this Change Order will be $ 8,912.00 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. 3 Approved by Architect Thorbeck Architects Minneapolis, MN By: r,�,.�'1t,'e.‘.2 Date: 11 Authorized by Owner City of Eagan Eagan, MN Byt (,.;). C[,,. e By: Date: t z e e Date: PCO No. 21 $112.00 TOTAL $112.00 Agenda Information Memo December 7, 1994 City Council Meeting APPROVE PLANS AND SPECIFICATIONS /CONTRACT 94-19 E. Contract 94-19, Approve Plans and Specifications, Authorize Advertisement for Bids, Miscellaneous Water Quality Improvements —The Advisory Parks, Recreation and Natural Resources Commission has previously recommended water quality improvement projects for Ponds JP -14, JP -5 and LP -32. The Council has previously authorized the preparation of these plans. Neighborhood meetings have been recently held to review the proposed projects and specifications have been completed to perform the work. These projects are to occur in January 1995 with funding coming from the Storm Water Quality Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for water quality improvement projects and authorize the advertisement for bids for Contract 94 -19. 3 1 Agenda Information Memo December 7, 1994 City Council Meeting CABLE COMMISSION RESIGNATIONS F. Accept Resignations, Cable Commission—Enclosed on pages through 3 is a memorandum from Cable Coordinator Reardon concerning resignations from among the Eagan representatives on the Burnsville /Eagan Cable Commission. The memorandum includes a resignation letter from Jim Malec and describes circumstances concerning Susan Shaffer which will not permit her to continue to serve on the commission. Given Ms. Shaffer's employment circumstances, the Council may or may not receive an official resignation letter. It is staff's recommendation that the Council accept the resignations and declare both seats vacant in anticipation of committee and commission appointments in January. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignations of James Malec and Susan Shaffer from the Burnsville /Eagan Cable Commission, such vacancies to be filled as part of 1995's organizational business. 3 EAGAN W�A J cn COMMUNICATIONS z COMMISSION 3830 PILOT KNOB ROAD, EAGAN, MN 55122 -1897 03 (612) 681-4608 • FAX 681 -4612 • TDD 454 -8535 TO: FROM: DATE: SUBJECT: M E M O R A N D U M JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR MIKE REARDON, CABLE COORDINATOR , ,/� NOVEMBER 28, 1994 1' CABLE COMMISSION MEMBERS RESIGNATIONS Please forward to City Administrator Hedges the attached letter of resignation from Eagan Cable Commissioner James Malec. The resignation is effective immediately. I have also requested Eagan Cable Commissioner Susan Shaffer to submit a letter of resignation. Both Commissioners Shaffer and Malec have not been able to attend Commission meetings due to employment situations. In fact, it is my understanding that Commissioner Shaffer recently accepted a position with Continental Cablevision in its Singapore office. I do not know when I will receive Commissioner Shaffer's letter, but it should be assumed that she will not be able to continue on the Commission. As the Council will be advertising for commissioner appointment applications in December, please assume that the Council will need to consider three appointments in January. Eagan Alternate Cable Commissioner Tim Wilkin's one -year term will expire. I assume that Commissioner Wilkin will seek reappointment. 33 Mr. Tom Hedges City Administrator City of Eagan 3030 Pilot Knob Road Eagan, MN 55122 November 25, 1994 Dear Mr. Hedges: I regret to inform you of my desire to resign from the Eagan/Burnsville Cable Commission. I have recently has a change in my employment situation and am starting my own business. The demands on my time have made it impossible for me to devote the effort necessary to adequately serve on the commission. I have enjoyed by brief stint on the commission and have found the commissioners and staff to be truly dedicated to serving the best interests of the residents of the community. If I can be of any other assistance to the commission please feel free to contact me . Sincerely 7 G � James Malec James Walter Malec alec 4040 Camberwell Drive Eagan, MN55123 (612) 454 -6303 3`{ Agenda Information Memo December 7, 1994 City Council Meeting FINAL SUB DIVISION/BROMAI ( ADDITION G. Final Subdivision, Broman Addition, Skyline Pond, North of Yankee Doodle Road—The final plans and development agreement and securities have been reviewed for this subdivision and are in order. Final approval of t , subdivision is therefore appropriate. The plat for the subdivision is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final subdivision for the Broman Addition, Skyline Pond, north of Yankee Doodle Road. 3s I WIND w 3(0 Agenda Information Memo December 7, 1994 City Council Meeting MIXED PAPER /CURBSIDE TARGETED IJCYCI.ABLES I3. Recommendation, Solid Waste Abatement Commis on, to add ed oMce paper to residential recycling collection -- Enclosed on pages through b is a memorandum from Communications/Recycling Coordinator Foote covering a re lution adding "mixed paper" to the list of targeted recyclables identified in City Code, Chapter 6.37. Subdivision 1C of this section defines targeted recyclables and permits the Council to expand the list by resolution. As in the past, the City's recycling commission is recommending that materials be added to the targeted recyclables list when it is perceived that adequate markets exist to remove such materials from the waste stream. The City did this with the implementation of its original recycling program and has added a number of materials including plastic bottles and corrugated cardboard since that time ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Solid Waste Abatement Commission adopting a resolution which adds mixed paper to the list of targeted recyclables for residential recycling collection as presented. 3 7 4 111* MEMO _city of eagan . MEMO TO: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATION/RECYCLING COORDINATOR DATE: NOVEMBER 30,1994 SUBJECT: ADDITION OF MIXED PAPER TO "TARGETED RECYCLABLES" LIST At a recent meeting of the Eagan Solid Waste Abatement Commission, the Commission recommended that "mixed paper" be added to the list of "targeted Recydabies" for collection in the residential curbside recycling program beginning February 1, 1995. The attached resolution, if adopted, is required to amend the existing list under City Code section 6.37 subd. 1,c. The Commission's recommendation is based on the knowledge that paper accounts for approximately 40% of the material that is currently brought to landfills. Much of this paper, categorized generally as "office paper" or "junk mail" can now be collected and processed for reuse and the markets are generally strong for this grade of material. Several Eagan refuse haulers are already collecting these types of paper, and other haulers are not anticipating undue difficulty in adding it to the list of targeted materials for collection. The Commission had hoped that Dakota County would take the lead and add this material to its target list in 1995 to assist in a County -wide educational campaign. Unfortunately, the County is not prepared to make the addition until some time in 1996. The Eagan solid Waste Abatement members do not see any benefits in delaying this action beyond February 1995. The February 1, date was chosen in order to begin the promotion and educational campaign, after the holiday season to avoid many of the "problem papers" that are often in abundance at this time of year. The February 1, date will give residents 10 months to get accustomed to recycling mixed paper before these "problem papers" need be addressed. If you, or the Council require any further information in regard to this recommendation, I will be happy to provide it. mmu `' ?^ 7 - ecyding Coordinator 3g CITY OF EAGAN RESOLUTION TO ADD MIXED PAPER TO TARGETED RECYCLABLES WHEREAS, the City of Eagan has a strong recycling program and considers recycling to be an important effort within the community, and WHEREAS, expansion and support of this program helps residents to recycle more materials and reduce the amount of waste that goes to landfills, and WHEREAS, nearly 40% of the waste that currently goes to landfills is made up of paper products that can now be recycled, in a category known as "mixed paper," and WHEREAS, mixed paper includes: any paper items received as mail, envelopes, office paper, computer paper, bills and receipts, ledger paper and copier paper. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, beginning on February 1, 1995, will add "mixed paper" to its list of "targeted recyclables" for collection in the residential curbside recycling program, BE IT FURTHER RESOLVED, that the list of "targeted recyclables," after February 1, 1995, will include , metal food and beverage containers, glass food and beverage containers, newsprint, corrugated cardboard , plastics (as defined by Dakota Count ), magazines, catalogs, and mixed paper. Motion made by: Seconded by: Those in favor: Those against: Dated: 3 � Attest: CITY OF EAGAN CITY COUNCIL By: Its Mayor Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1994. 4 0 E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo December 7, 1994 City Council Meeting ORDINANCE AMENDMENT /CAR WASHES I. Ordinance Amendment, Allowing Car Washes as a Conditional Use in Neighborhood Business Zoning Districts --The staff report on this ordinance amendment to allow car washes as accessory conditii of use in neighborhood business zoning districts is enclosed on pages -through 5 S This amendment is consistent with the direction set forth by the City Council earlier this fall. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an amendment to Chapter 11 allowing car washes as an accessory conditional use in neighborhood business zoning districts. �4 ■ TO: Mayor Tom Egan City Counclimembers FROM: Shannon Tyne, Project Planner DATE: November 30,14 SUBJECT: Proposed Car Wash Ordinance BACKGROUND The City Council, at its October 6, 1994 meeting, reviewed the proposed car wash ordinance requiring a conditional use permit in a Neighborhood Business District - "NB ". Discussion on this item focussed on the different types of car washes that would be appropriate for the "NB" district. Staff has reexamined the different types of car washes and has categorized them into two types: principle use car washes and accessory use car washes. ANALYSIS Car washes are listed in the following districts: General Business Permitted. Community Shopping Center Conditional Use. Regional Shopping Center Conditional Use - "car wash and automobile accessories ". Roadside Business Conditional Use Permit - "of compatible architectural design." Limited Industrial Conditional Use. Currently there are 16 different types of car washes located in Eagan (see exhibit); six in Neighborhood Zoning Districts. Five of the six have received Conditional Use Permits. Most of the car washes have been approved at the time of subdivision, or as part of a Conditional Use Permit for the gas station. Five of the six car washes in the "NB" district are the type where you key in a code, drive into the car wash, remain in the vehicle, the outside of the vehicle is cleaned by either 14a automated brushes or the "touch free" system using high intensity water spray. These five 'drive thru" car washes are all accessory to the principle use of gas station/convenience store. These are examples of the types of accessory car washes the ordinance amendment would allow. It would not allow a principle use car wash. Fox Ridge Self Service ♦ Spot Free Automatic, zoned "NB ", received a Conditional Use Permit with the platting of the property in August 1987. It is the principle use and has one "touch free" drive thru bay and three self service, coin- operated, manual wash bays. If the ordinance amendment is adopted this car wash will be grandfathered and no further principle use car washes would be permitted. The only other principle use car washes are both in Community Shopping Center districts. Colonial Car Wash, located at 4015 Cedarvale Drive, is a five bay, self service, coin - operated car wash and Mermaid Car Wash, located at 1355 Town Centre Drive, is the only full service car wash in the City. A conditional use permit for Mermaid was approved for its use in July 1988. ORDINANCE AMENDMENT Based on Council direction, staff is recommending that the code be amended to allow freestanding car washes only as an accessory conditional use in the "NB" district. The proposed ordinance amendment has been revised to reflect that change. ACTION REQUESTED To approve or deny the requested ordinance amendment allowing, by conditional use permit, a car wash as an accessory use in the Neighborhood Business zoning district. See attached ordinance amendment. Attachment E Project Planner 3 Lone Oak Rd. to 494 0 None Exhibit A CAR WASH LOCATIONS Yankee Doodle Rd. to Lone Oak Rd. 1 FinaMart at Lone Oak Plaza NB 2 FinaMart at Hwy 55 & 149 GB 3 Fox Ridge Self Service + Spot Free Automatic NB (3 days of self SWAM and 1 automatic) Difilev Rd. - Yankee Doodle Rd. 4 Amaco at Washington Drive PD 5 Jiffy Lube as part of the Auto Mall CSC 6 Mermaid Car Wash CSC 7 Philips 66 PD -GB 8 Tom Thumb at Blackhawk Plaza NB 9 PDQ at Hilltop Plaza NB 10 Colonial Car Wash at Cedarvale (5 bay coin-op-self service) CSC cliff Rd. to Difflev Rd. -CSC 11 FinaMart at Diffiey and Lexington PD PD 12 Amaco at Nicois RB 13 Texaco at Thomas Lake Center Routh of Cliff Rd. pD-NB 14 SuperAmerica on Slater PD.NB 15 Amaco on Slater PD 16 Total Car Wash (between Total & Meineke Mufflers) RS ZQn.� N/A ORDINANCE NO. 2nd SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED 'LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03 REGARDING DEFINITIONS AND SECTION 11.20 REGARDING CAR WASHES USES DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The Qty Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.03 (87) to read as follows: 87. Car Wash. Any building or portions thereof used for the cleaning or washing of automobiles. Section 2. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20 Subd. 10 (C) (7) to read as follows: Sec. 11.20 Subd. 10 "NB" Neighborhood Business District. E. Conditional Accessory Uses ..* 1. Car wash. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 11.99, 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 Qty Council By E. 3. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper Agenda Information Memo December 7, 1994 City Council Meeting SPECIAL HUNTING PERMIT /GERALD DEMPEWOLF J. Special Hunting Permit, Gerald R. Dempewoli »Enclosed without page number is a copy of a special bow hunting permit application for Gerald R. Dempewolf. Attached to the application is a copy of the owner's written permission for Mr. Dempewolf to hunt on the property indicated. The application has been reviewed by staff and is in order for consideration by the City Council at this time ACTION TO BE CONSIDERED ON THIS ITEM: To approve the special bow hunting permit for deer for Gerald R. Dempewolf, as presented. Agenda Information Memo December 7, 1994, City Council Meeting ACKNOWLEDGE COMPLETION /AUTHORIZE CITY MAINTENANCE (STS MARTHA & MARY ADDITION) K. Contract 92 -JJ, Acknowledge Completion /Authorize City Maintenance (Sts. Martha & Mary Addition - Storm Sewer)—The installation of storm sewer facilities to handle the drainage from the above- referenced subdivision has been completed in accordance with the City approved plans and specifications and is found to be in order for consideration of Council acknowledgement of compliance with the development agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 92 -JJ (Sts. Martha & Mary Addition - Storm Sewer) and authorize the release of the financial security. Agenda Information Memo December 7, 1994 City Council Meeting APPROVE PLANS AND SPECIFICATIONS /CONTRACT 95-01 L. Contract 95-01, Approve Plans and Specifications, Authorize Advertisement forBids, • Civic Arena Project—The architectural firm of AC.C. has completed the plan and specifications for the Civic Arena project. These plans were reviewed by the Council at the workshop on November 29, 1994. It would now be appropriate for the Council to formally approve the plans and authorized the advertisement for bids for the Civic Arena. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifications and authorize advertisement for bids for Contract 95 -01, Civic Arena Project. Agenda Information Memo December 7, 1994 City Council Meeting 1995 PROPERTY TAX LEVY AND GENERAL, FUND BUDGET A. 1995 Budget and 1995 Property Tax Levy -- Beginning in 1991, the Minnesota State Legislature mandated the truth -in- taxation process which defines a public hearing and notice process designed to increase public participation in budgeting. The City of Eagan has historically held public hearings to allow public input and has encouraged citizen participation. Parcel specific notices have been sent to each property owner in the City. The notices show a comparison of property taxes paid in 1994 with those that would be paid in 1995, if all budgets and levies are approved as presented. For the first time, they now show an estimated percentage increase in 1995 Minnesota Personal income. That calculation for 1994 - 1995 is 4.5%. Enclosed on pages 57 and a detailed state explanation of what that means. The notices, unfortunately, do not cover or explain the numerous other factors which affect the level of taxes. The greatest amount of confusion seems to come from the combined changes in taxes caused by a tax capacity rate change and /or an increase in the estimated market value of the property. In addition to the parcel specific mailed notices, published notice is also required. Those notices which invite residents to attend the public hearing have been published in the Eagan ThisWeek, Eagan Sun Current and Dakota County Tribune. The legal requirement is for publication in a newspaper which is circulated throughout the City. The City's final tax levy and final budget cannot be adopted at the truth -in- taxation public hearing or at the continuation hearing (if one is held). They must be adopted at another hearing held on a date subsequent to the truth -in- taxation public hearing or subsequent to the continuation hearing (if one is held). The City's tax capacity rate for the truth -in- taxation notices increased by 0.58% from 22.15 to 22.278. However, all presentation material is based on no increase as a result of City Council direction. Final levy certification will make the necessary adjustment. In response to the truth -in- taxation notices, staff has received two telephone calls and two letters. The telephone calls have been of a general nature and contained no objections to the level of City taxes specifically. The letters expressed displeasure not only with the Eagan taxes but with taxes in general. Copies will be provided to the City Council with the Administrative packet in case more are received by Monday. Agenda Information Memo December 7, 1994 City Council Meeting The material which staff is preparing to hand out at the public hearing and to use as a basis for a brief, general presentation to the public will also be provided on Monday. If any City Councilmember has any suggestions regarding the material, please notify the City Administrator. The suggestions will be incorporated before final copies are run and available for distribution to the public. Also enclosed on pages and a copy of the Comparative Summary of Revenues and the Comparative Summary of nditures for the general fund. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and announce the subsequent hearing to be held at 7:00 p.m. on Wednesday, December 14. or To continue the public hearing announcing that it is continued to 7:00 p.m., Wednesday, December 14, 1994. NOTE: A continuation of the truth -in- taxation public hearing to December 14 requires the subsequent hearing to be held on December 19. MINNESOTA Department of Revenue Property Tax Division November 23, 1994 Mail Station 3340 St. Paul, MN 55146 -3340 Phone (612) 296 -0185 Fax (612) 297 -2166 TDD Phone (612) 282 -2095 TO: COUNTY AUDITORS, SCHOOL DISTRICT SUPERINTENDENTS, AND CITY FINANCE OFFICIALS RE: THE ESTIMATED PERCENTAGE INCREASE IN 1995 MINNESOTA PERSONAL INCOME SHOWN ON THE NOTICE OF PROPOSED PROPERTY TAXES FOR THE TAXES PAYABLE YEAR 1995 We realize that you may be getting telephone calls from property owners asking for an explanation of the estimated percentage increase in 1995 Minnesota personal income shown on the notice of proposed property taxes for the taxes payable year 1995. This subject may also come up at your Truth in Taxation hearings this Fall. The following information is provided to help you answer the questions you may be receiving from the property owners within your govemmental subdivision. The budgeting reform article in the 1994 Omnibus Tax Bill requires the county auditor to include the estimated percentage increase in Minnesota personal income on the notice of proposed property taxes. The personal income growth rate reported on the Truth in Taxation notices for taxes payable 1995 is 4.5 percent. This is the projected rate of growth in statewide personal income from calendar year 1994 to calendar year 1995. This letter provides additional information about the definition of personal income and the estimation of the 4.5 percent growth rate. Minnesota personal income is a comprehensive measure of current income received by all residents of the state. The personal income concept, developed by the U. S. Department of Commerce, is designed to measure income from all sources, not just income earned by workers. The largest component of income is wages and salaries, approximately 56 percent of the total. Other sources of income include the net income , of farmers and the self - employed, interest income, dividends, rental income, fringe benefits paid to employees, social security and unemployment compensation, and other government transfer payments. An equal opportunity employer over TDD: (612) 297 -2196 The 4.5 percent annual growth rate is the estimated increase in 1995 for total personal income. It is not an estimated growth rate for the income received by a single household or typical taxpayer. Because it is an aggregate measure of all income received by all state residents, total personal income will increase due to the growth in employment and overall economic activity, as well as from increases in earnings by current workers. Therefore, the personal income growth rate cannot be used as a measure of the income growth experienced by a typical household or taxpayer in a specific geographic location. A comparison of the 4.5 percent personal income growth rate to the percentage increase in a homeowner's property taxes can be used by the taxpayer to compare how their taxes are changing relative to the growth in the overall state economy. The projected personal income growth rate for 1995 was estimated by the Department of Finance as part of their March revenue forecast. The estimate is based on the same state econometric model and U. S. economic forecast used to estimate state revenues. I hope this information will help you answer taxpayer questions about the personal income growth rate on the Truth in Taxation statements. If you need further information please call the Tax Research Division at (612) 296 -3425 or the Property Tax Division at (612) 296 -3155. Si MICHAEL P. VANDMACHER, Director Property Tax Division 95REVSUM 1995 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 1993 1 Actual 3 1 1994 Budget 1 1995 Estimate General Property Taxes $ 9,141, 984 $ 10,237,400 $ 10,865, 200 Licenses 102,331 102,900 104,200 Permits 1,015,688 682,000 689,100 Intergovernmental Revenues 256,864 245,000 261,800 Charges for Services 1,018,804 655,700 707,600 Recreation Charges 276,272 242,800 275,100 Fines & Forfeits 139,140 135,000 150,000 Other Revenues 367,643 239,200 260,800 Program Revenues 884,765 821,500 838,200 Transfers 87, 844 140,100 113,400 TOTAL GENERAL FUND $ 13.291.335 $ 13.501.600 $ 14.265.400 95BUDE)P GENERAL GOVERNMENT 01 Mayor & Council 02 Administration 03 Data Processing 05 Finance /City Clerk 06 Legal 07 Community Development 10 Cable TV 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 Forestry Parks & Roc Total GENERAL GOVERNMENT BUILDING MAINTENANCE 33 Building Maintenance Govt Bidgs Total OTHER 41 Contingency Other Total Total E peradltLres— General Fund 1995 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF EXPENDITURES 1993 1 1994 Actual Budget $ 83,630 $ 83,500 483,498 539,900 331,828 343,700 745,753 831,000 355,284 367,200 1,330,475 1,190,800 66.872 86.100 3,397,340 3,442,200 4,458,207 814.080 5.272,287 774,101 880,468 372.001 2.026.570 1,669,707 124,341 1.794.048 0 0 0 0 4,812,000 812.900 5.624.900 803,700 927,300 388.300 2.119.300 1,847,900 180.900 2.028.800 219.200 219,200 67,200 67.200 1995 Department Request (5 %1 $ 87,700 565,300 360,900 858,200 315,800 1,252,700 78.750 3,519,350 5,051,400 856.900 5.908.300 866,400 968,500 407.700 2.242.600 1,964,200 183.600 2,147,800 287,550 387.550 159.800 159,800 $ 12.490.245 $ 13.501.600 $ 14.265.400 Proposed Budget $ 94,700 563,600 373,500 847,900 315,800 1,256,200 78.800 3,530,500 5,024,500 851.000 5.875.500 866,200 966,800 406,100 2.239,100 1,953,200 181.300 2.134.500 287,600 287.600 198.200 198.200 $ 14.265.400 Agenda Information Memo December 7,1994, City Council Meeting DUCKWOOD ESTATES (ADDITIONAL STREETLIGHTS) B. Project 676, Duckwood Estates (Additional Streetlights) --In response to a petition submitted by 21 individuals representing 45 properties as shown on page ,Slo , the Council authorized the preparation of a feasibility report to review the costs associated with the installation of additional streetlights within the Duckwood Estates subdivision. This report was presented to the Council on November 1 with a public hearing scheduled for December 7 to forma resent the Offormation associated with this proposed improvement. Enclosed on pages through to is a copy of that feasibility report for the Council's reference during this pu lic hearing. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. After a presentation of the information associated with this project, staff will be available to respond to any questions during the public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve /deny Project 676, Duckwood Estates (additional streetlights) and, if approved, authorize its installation through Dakota Electric Association in accordance with the standard franchise agreement provisions. PROPOSED LOCATION OF NEW STREETLIGHTS • EXISTING STREETLIGHT TO BE RELOCATED • EXISTING STREETLIGHT LOCATIONS CI PETITIONING PROPERTY OWNERS city of eagan PUBLIC WORKS DEPARTMENT PROJECT 676 DUCKWOOD ESTATES STREETLIGHTING SLo approved: standard plate # : FEASIBILITY REPORT & ESTIMATE OF COST FOR DUCKWOOD ESTATES STREETLIGHTING UPGRADE PROJECT NO. 676 EAGAN MINNESOTA SEPTEMBER 1994 September 22, 1994 HONORABLE MAYOR & CITY COUNCIL CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN. 55122 Re: City Project No. 676 Duckwood Estates Dear Mayor and City Council: Enclosed is the feasibility report for Duckwood Estates - Streetlighting upgrade which includes the preliminary cost estimates and preliminary assessment rolls for the project depending on the number of additional streetlights to be approved for installation. Staff will be available to discuss and present the details of the project to the Council and other interested public at a time convenient to the Council. / 'ii rely yours Michael P. Foertsch, Assistant City Engineer MPF /jj 40 city of aagan I hereby certify that the attached plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the State • i = sota. Date: 'f z;Q Date: C1- MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 -1897 PHONE: (612)681-4600 FAX (612)681.4612 TDD: (612)454.8535 City Engineer, Registration No. 18139 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity /Affirmative Action Employer THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES CIN Administrator E. J. VAN OVERBEKE City Clerk MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122 PHONE: (612) 681.4300 FAX: (612) 681.4360 TOD: (612)454-8535 FEASIBILITY REPORT & COST ESTIMATES DUCKWOOD ESTATES PROJECT NO. 676 MEL This project covers the upgrading of current streetlighting serving the residents on Widgeon Way in the Duckwood Estates Addition in the NE% of Section 15, north of Duckwood Drive. FEASIBILITY AND RECOMMENDATIONS: This project is feasible and is In accordance with the City's policy on the installation of streetlights in residential areas. It can best be accomplished as outlined herein and not as a part of any other project. DISCUSSION; Residents on Widgeon Way In Duckwood Estates have petitioned for the installation of additional streetlights. This Addition contains 45 lot equivalents which would benefit from the additional streetlighting. This is an established neighborhood and has sparsely spaced streetlighting at this time. Presently, there are four streetlights and the project proposes to add six more and relocate an existing Tight located on the Widgeon Way cul -de -sac. Guidelines set under Eagan's Comprehensive Streetlight Policy enables older subdivisions to petition for streetlights. Under this policy, the cost of streetlight installation is assessed against the benefitted lots. The energy needs for Duckwood Estates is serviced by Dakota Electric Association and they offer the type of streetlighting poles, lighting fixtures and the necessary maintenance service required by the City for residential streetlighting in accordance with the City of Eagan's streetlighting policy. This project proposes to install 6 additional 100 -watt residential ornamental streetlights, along with the relocation of a streetlight at the entrance to the Widgeon Way cul-de -sac. This streetlight needs to be relocated to the south and 4' behind curb because it is currently located amongst several small trees. ORNAMENTAL STREETLIGHTS; These 6 additional streetlights would be the standard ornamental design with 100 -watt high pressure sodium mounted on 18' standard fiberglass per. The ornamental streetlights is proposed to be installed by Dakota Electric Association. COST ESTIMATE: The following cost estimate includes the cost of underground conduit construction, administration, legal and other related project costs. 6 100 -watt ornamental © $900.00 each $5,400.00 1 Relocation of existing Tight 600.00 5% Contingency Factor 300.00 20% Ird rect Costs 1. TOTAL MEM Installation COST $7,560.00 REVENUE Assessments $7,560.00 ASSESSMENTS; Assessments are proposed to be levied in accordance with current City policy. All costs of the project will be assessed. Estimated assessments are as follows: ASSESSABLE COST ASSESSABLE LOTS ASSESSMENT RATE ' $7,560.00 45 $168.00/Per Lot Assessments would be spread over 5 years at an estimated 6.5% interest rate. Assessment Area: Parcel Description # Of Lots Duckwood Estates Lot 1, Block 1 1 Lots 4-6, Block 1 3 Lots 10-36, Block 1 27 Lots 1 -12, Block 2 12 Lot 131, Block 2 1 Lot 14, Block 2 1 TOTAL PROJECT SCHEDULE: The following is the proposed schedule to be followed for this project assuming favorable action by the Council. PROJECT SCHEDULE Present Feasibility Report November 1, 1994 Public Hearing December 7, 1994 Approve Plans & Specs December 7, 1994 Construction Completed June 15, 1995 Final Assessment Hearing August 1, 1995 First Payment Due With Taxes May, 1996 A s C 0 OPTIONS THIS UNIT REQUIRED WHEN FEED AND FUSE ARE FROM AN UNDERGROUND TRANSFORMER. THIS UNIT REQUIIIEO WNEN FEED IS FROM A PEDESTAL AND THE FUSE IS PLACED INSIDE. (PoGestsl to W *seined en seeking sheet). THIS UNIT REOUNIED WHEN FEED 13 FROM A DIRECT BURIED SPLICE. (Use meii power P.NetNio house hoe unit). THIS UNIT REQUIRED WHEN FEED I3 FROM OVERHEAD SECONDARY OR TRANSFORMER FUSE AT TOP OF RISER POLE. NOTE: SEE STANDARD PLATE ?LOA FOR LOCATION DETAILS.• f - -30- 3414- - D -LIGHT POLE YYP. LOCATION SCALE I" • SO' city of eagan PUBLIC WORKS DEPARTMENT r SACK OF CURB s' R/W 1 MATERIALS LIST ITEM 1 E 3 4 5 3 REQ'D i 1 1 1 RESIDENTIAL POST TOP LUMINAIRE INSTALLATION DESCRIPTION IS' POLE SFiberel•ss) CONNECTORS AS REQUIRED I20 VOLT PE CELL POST TOP LIMINAIRE LAMP Math I00W OR $SOW) H.P.S. /DAN, BUBO FUSE III TRON H.E.S. HOLDER REVISED standard plate #: 1 -90 700 city of eagan PUBLIC WORKS DEPARTMENT PROPOSED LOCATION OF NEW STREETLIGHTS • EXISTING STREETLIGHT TO BE RELOCATED • EXISTING STREETLIGHT LOCATIONS 0 PETITIONING PROPERTY OWNERS PROJECT 676 DUCKWOOD ESTATES STREETLIGHTING approved: standard plate *: Agenda Information Memo December 7,1994, City Council Meeting VACATION - CENTER ST (VERDANT ACRES) C. Vacate Public Right-of-Way (Verdant Acres)—On November 1, the Council received a petition to consider the vacation of a portion of Center Street located within the Wescott Garden Lots as ne ary to accommodate the proposed subdivision of Verdant Acres. Enclosed on page(;.' is a location map showing the relationshi of Center Street (Trails End Road) to related developments and enclosed on page (o S is the legal sketch and description showing the portion to be vacated. The vacation of this excess public right -of- way is a condition that must be complied with before the final subdivision for Verdant Acres can be approved which is scheduled for later on this agenda. Appropriate public right -of- way is being replaced with the final plat documents associated with the Verdant Acres subdivision. All notices have been published in the legal newspaper and sent to all appropriate individuals and agencies informing them of this proposed vacation. As of this date, staff has not received any objections to this request. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of a portion of Center Street (Trails End Road) and authorize its certification to Dakota County concurrent with the final plat documents of Verdant Acres. VACATION REQUEST SITE city of eagan PUBLIC WORKS DEPARTME VACATION REQUEST CENTER STREET approved: standard plate #: 1 1 INDUSTRIAL — JUDICIAL COMMERCIAL 1 S - Pt ATTTIING ICJ1L IX A A 'C h 0 PROPOSED RIGHT -OF -WAY TO BE VACATED We hereby oarthty that this b a true and cornet reotaaantaa lion of a survey of the boundanas at the above described land and the location of all buildings and visa* onerosenutanta,, S ante from Oran said land. • Surveyed by w this _ day of LOT SURVEYS COMPANY, INC: LAND SURVEYORS . =polo= uNOu Mwsos suss or &lotA 71111472nd a... Na. • . ' 110a011$ • wM....li. Minnesota SIGN Aurtegars t • SKETCH SHOWING PROPOSED STREET VACATION City Of Eagan, Minnesota < 1 .J I 0I 00 • 1 3 ' t , : l INVOICE Na F. 1. NO. =AU r• 0 — DENOTES IRON 3enortptiaa of /'asoees et eat eeMies Met pert of tee fleet leaf of Center lerett s estimates in 1a300Tr SWIM 1.3116 heata eesnly, llirnteata lying Whom the easterly ostonelteo of the ner 5 and sedlr &Ines of the 'enemies resented p.rwtyl Met sort M LM tr Sleek i) IIIMIXT1 NOM 1.013, taeerrirC M the 'senses NN tftereng, Denote Cooney. Uiraeeata. lying aorta N the following Manuel **nog Cewoslns at tM nertlleee• earner of sole Let ai theme South 0 *gross as Mereeo 3Sl weer/. IMt teeaeee/ teerin3) along the oast line of eWr Let 4 a diatom, of 737.40 feet is the pain of hastening of tee line to in Marlawi themes North h repress 111 sings SS eaaaaaa root a rietanee of 117.47 few N tM meet line of salt Let a end tele line teare A tersteN ►e3. Agenda Information Memo December 7, 1994 City Council Meeting FINAL ASSESSMENT HEARING/DELINOUENT BILLS D. Final Assessment Hearing, Delinquent Weed Cutting and Miscellaneous Bills --A public hearing has been properly noticed and scheduled for the December 7, 1994 City Council meeting, to consider certification for special assessment of delinquent weed cutting and miscellaneous bills. The cost concerned involves properties which have violated the City's weed ordinance and have been notified and cited in that regard without compliance. Subsequent to that procedure, the City properly entered the property and mowed the weeds. The cost associated with that activity has been billed to the property owners and no payment has been received. The miscellaneous bills mainly consist of unpaid false alarm fees. As a consequen , these items are in order for consideration for special assessments. Enclosed on page is a copy of that list of properties. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve or deny the final assessment roll for delinquent weed cutting notices and miscellaneous bills and authorize certification to the County for collection. S/A # PROPERTY ID 10WEED 10- 01900 - 020 -25 10- 02100 - 013 -50 10- 14006 - 010 -01 10- 14388- 040 -01 10- 14388 - 050 -01 10- 16621- 010 -01 10- 16704- 080 -05 10- 22530- 010 -01 10- 77035- 010 -01 10- 81950- 120 -01 10- 83550- 030 -03 10- 83751 - 190 -05 < *> S/A ASSESSED AMT $247.50 $247.50 $165.00 $123.75 $123.75 $247.50 $82.50 $412.50 $165.00 $838.96 $247.50 $71.60 $2,973.06* $2,973.06* EXIT (E)? [ ) City Council to the property owned by James and woe swab "(� Oak Road). They have been experiencing ongoing drainage and erosion problems side at least 1990 when the first formal communications began with the City. The structure was built in 1983 and occupied in the Spring of 1984 on a lot lit that was approved by Council action in 1968. Enclosed on pages (' through __'_ are copies of correspondence and a topographic layout map showing the relationship of the property to the drainage way for north ditch line of Lone Oak Road. After a brief discussion regarding this issue, this item was continued for further consideration to December 7 to allow Councihnember Pat Awada to provide additional input based on her discussions with the property owners and County Commissioner Bataglia. ent indicated their willingness to July 26. 1994 MS I NESOWAS 1666 LONE OM RD EAGAN MN 16121 Re: Lot 202, Fahndsra Arses Drainage From. Lone Oats Reed (County Road 28) Dear Ma Schwab: illncesnly. city of acigcin f Thomas A. Colbert. Director of rublic Works TAC/j oar Sob Egan, Dakota County (W/fnc ) Parcel Fie Endows Latter Doled Judy 29.1990 THOMAS EGAN Maya PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER COM* Members THOMAS HEDGES aN Adnrkmor E J. VAN OVERUEKE CNr CMrk Last Meek, you contacted me regarding your confirm! ongoing problems of erosion and sedimentation resuRing from runoff from County Road 26 (Lone Oak Road) on the above-referenced property. I recalled your station from several year: ago and researched the Re to f the enclosed lets from the City, dated July 23, 1090, and the Comfy, dated August 1, 1900. I also had an cpportunky to do r very quick review of your property and could are the areas of your concern. Due to a vacation schedule, I Mil not be able to meet with you end Bob Egan, of Dakota County, until the WS or second Week of August. However, l wanted to share with you the Ae kiomntion that we had and to offer some prelknlnary observations that can be further wed when we meet with you at the site. My Int observation le that the erosion control performed by Dakota County appears to be effective in preventing any erosions of the bank. However, the "deflection' bam tat you have constructed along your south property the appears to be eroding and washing out onto your driveway and the western portion of your lawn. It appears the main problem with this runoff is the erosion and sedirrner*ation that k creates. 1 your diversion berm were to be stabilized with large rip•rap type rock on top d a filer Monica. k appears you might be able to handle the drainage without any y adverse impact. t hope TMs response provides you with some additional lnformetion to think about. 11 don't contact you by August 8, please cal me and I will make sure to schedule an appointment as requested. MwAL Girth MAJNII rArrCE FACILITY LONE OAK= Nose oAN. IMAM 11R et'M0 OP 1H AND MOWN N OUR COMIrIUN$VV OM p1A Y Mt 0131014113 e � ONO ` _ _ 'ii. - IONE ( Mi lli I 13D ROT sea WAD WYK 8. to 55111111197 $O& P O.= O Mxt 0104.110 July 23, 11190 RR nit SCRIMS 1535E OAR RD EAGalt hint 53121 Dear Br. Schwab: itv of acig= Su Lot 202, Madero cares Drainage iron Lone Oak Road (County Road so) SIONAS SUN Mat DAVID SAITMON 11N4LA MOM Tim PsiOrty ISOM Went Coone won SOW WOES asps vow ovum avk ab A few weeks ago, I visited with you at your property to review the c that you have .+ L L_ . M oft froi tie Tour initial conc • is .squsntt redirecting of the rsnerff of (bean vateor t leaves the vet and of the culvert undorasatb 1539 s Osk Road iar sdi tely to the oast of your property. As you ars wary, ba ►.d on your concerns, the Dakota 'County Highway Ma ntsnanas Departs:snt re established the drain q• liars by installing sOvsral cubic yards of large "rip - rap" (boulders and stones). This will bslp direct the runoff to the south side around the front your bouss where it can continue down towards T.B. l3. Enclosed. you will find a topographic elevation aaap. shearing 2' contour intervals that wars taksn fros an aerial *ph in 1966 with the lot lines and your particular house drawn , bawd on i gal descriptions and *oriel photos. . its can bs seen, tbs aaturai tapp pphhy has always allowed surface water runoff to discharqe topography y across your lot a proxmsatsiy when bens. was rrosntiy built. urea on this pre- axistinq tie , it is an inherent responsibility of the hose buiidsr and/or MAI property owner to adequately protect their house ferca this , pea:".- existing surface voter runoff. During ay site visit with , vs discussed the benefits of building a pe t ties lands as pad bora .across the front of your house (south side) that would bop redirect this drainage around your property during high intensity peak rainfall events. Vials you indicated that the individual Who svnsd the Page. 2 • vacant area without the existence of a structure and landscaped area that is inherently effected by the types of storms that we recently experienced. You indicated a desire and need for the installation of storm osier facilities along County Road 26 (Lone Oak Road) . lased on the scheduled Capital Diprovement Programs for the City and County, it is unlikely that this type of improvement would occur within the next five years. Therefore, you may wish to investigate further the protective landscape gentling that vs recently discussed. H opefully, the recent work completed by the Dakota County Highway Department will help minimise any similar future problems associated with erosion and runoff. t regret that you experienced the problems that you did with the recant rainfall and hope that the action performed by the County and the information provided by the City will help you in the future. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC /ii cc: Sob Egan, Dakota County Maintenance Engineer Parcel file Enclosure August 1, 1990 cc: Um Colbert Taud Hoopingarner $IGNWAY DEPARTMENT 7300 WEST 11101 STREET, ANTE 0402 RECD de1,rr DA Vid1 l RO. COUNTY twiaNtIR 15121 AST -1150 APR E VALI EY. MINNESOTA SS1;1 Mr. Jim Schwab 1555 Lone Oak Road Eagan, MN 55121 le: Lot 202, Zehnders Acres Drainage From Lone Oak load (County load 26) Dear Mr. Schwab: As you requested, I once again reviewed the drainage problem at your home. The rip -rap that we installed at the end of the culvert is properly diverting the eater as you requested. It was my understanding that you were to then maintain the ditch after it entered your property. The asphalt flumes that we constructed in the ditch will not increase the flow or speed of the runoff. Also from the information I have received from others, I fully agree with the contents of Tom Colbert's, July 23, 1990, letter regarding this matter. r Sincerely Robert W. Egan, P.E. Construction/Maintenance Engineer *VE/mjl Encl. Agenda Information Memo De r 7,14 City Corroc 1 Meeting INITEST TQ; TE Y ' SEWER [ICED PPM ' . PINFAXDGE ADDN) B. Pr ject 673, Request to Finance Temporary Storm Sewer (Red Pine Lane Pines Edge Addition) --On November 15, the Council considered a request from the developer of the Pines Edge Addition to finance approximately $40,000 for a temporary storm sewer system to provide drainage to the pond located between Pines Edge and the new Red Pine Elementary School. As a result of that discussion, the Council did not want to invest dollars an a temporary system, but wanted staff *0 pmzue a redesign for a permanent storm sewer outlet that would go to the north Pond LP-27 with an outlet to Fitz Pond west of TH 3. Enclosed on page is a sketch showing the storm sewer alignment as described. During the past two weeks, staff has been in contact with representatives of the property owners affected by this storm sewer alignment and the resulting easement acquisitions for both pipes and ponding purposes. The property owners appear to be willing to work with the City and negotiate the acquisition of these easements (approximately 0.9 acres total from 3-4 property owners). Therefore, staff is requesting the Council to authorize the acquisition of utility and ponding easements from Parcel 010 (Finch), 010-75 (Loomis), 021 -75 (Frattalone) and 022-08 through condemnation with appraisals, if necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the action of utility and drainage easements from Parcels 010-82, 010 -75, 021 -75 and 022-08 through condemnation with appraisals, if necessary. ; • 1111 3 0ND fi - SC1100 ROPOSED 021-79 01 • ALTERNATE SEWER ALIGNMENT FOR POND OUTLET AT SCHOOL IND GRAYRBY P ROO* E.C1/ 7 ......11.......m. 4 ....J../ _., .............?......, gla.' 1 , t 1 ‘ 1 • 1 1 1 1 1 • 1 t 1. 1 1 l....11 ,... PINES 1 . .11 1 111■•••••■■• • --- I syeRm SEWER ELEMENT EAGAN, MOINESOTA T.H. 3/SCHOOL ROAD CM PIMA= NO. 873 EDGE --r---r "- % a a NUS a • 1 1 0 / I Mr a 1 • % • . .. A- -.4 .. 1 1 I • s \ ‘..-. - 1 .... s 1 • , 1 is 1 TRUNK STORM SEWER IMPROVEMENTS PRO :001144:P1141% 1P4 1 010 FIGURE 8 fr "? 711111111■■■Z Isis IN lost 0 Bonestroo Rowe Andetilk 6 Associates Agenda Information Memo December 7,1994 City Council Meeting # WAIVER OF PLAT /STRYKER ADDITION C. Waiver of Plat, Lot 1, Block 1, Stryker Addition, alb Beau D'Rae Drive in the Northeast Quarter of Section 19 --The purpose of this waiver of plat is to establish two separate tax parcels for Big Top Liquor and Cedarvale ode Apartments. Big Top Liquor is located on the ground floor of the buil ding and the apartments are located above. Approval of this waiver will enable filing of the appropriate legal documents to sever the financial responsibili of the two entities. The staff report on this item is enclosed on pages 2.7 through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver of plat for Stryker Addition as presented to split the parcel into two separate tax parcels subject to the following three conditions: 1) the waiver of plat shall be recorded within 60 days of Council action with documentation provided to the City; 2) the new legal description for Hillside Apartments shall be combined through a lot combination with the approximately 63 acre lot abutting the property to the southeast (PID #1O. 01900-010 -14); and 3) an agreement stating that Hillside Apartments and PID #10-01900- 010.10 cannot be conveyed or transferred separately shall be recorded with the waiver of plat. city of eaaan TO: Mayor Tom Egan City Counciimembers FROM: Shannon Tyne, Project Planner DATE: November 28, 1994 SUBJECT: Waiver of Plat • Stryker Addition BACKGROUND In 1991, Huemilier and Bates applied for a Waiver of Plat in order to split Lot 1, Block 1, Stryker Addition for tax purposes. Rather than the conventional splitting of a tax parcel horizontally this tax split is to sever the air rights of the residential apartments (above elevation 842.40) from the first floor commercial center located at ground level. The purpose for the split is to simplify the legal arrangements between the shopping center and the apartments. The Waiver of Plat was approved at the June 25, 1991 Advisory Planning Commission with the following two conditions of approval: 1. The waiver of plat shall be recorded within 60 days of Council action, with documentation provided to the City. 2. Complete final platting of Stryker Addition. The item was continued indefinitely at the July 16,1991 City Council meeting to allow the proposed Stryker Addition to be final platted and recorded. Prior to Stryker Addition both Big Top Liquor and the apartments/ shopping center were located on the same unplatted lot. Once the subdivision was finished the Waiver of Plat could be completed. The final subdivision was recorded in October 1992. In 1993, the tenant of the air rights was in the process of refinancing and would not negotiate the reciprocal easement agreement until that refinancing was completed. This took almost a year to complete. 7 '7 MEMO Because of the delay in timing they decided to wait until the end of 1994 to finish the waiver and request approval by the City Cou. The purpose for waiting until late in the year for City Council approval is to avoid having to prepay the real *State taxes due (approx. 975000) at the time of filing. During and following the subdivision process the owners of the shopping center and the apa bnents were working on a reciprocal easement agreement In order to agree on the ongoing maintenance and such of the property. The City attorney's office has reviewed the rrdiprocei easement agreement finally reached between Cedarville Business Center, Cedarvale Hlis de Apartments and HNH Cedaanraie Associates united Partnership. The approximate 0.5 acres abutting this property to the southeast is the associated partite for Hillside Apartments. A document stating that the apartments and the parking cannot be conveyed or transferred separately in any way will be recorded with the property at the same time the waiver is recorded at the County. The attorney's office will review the document prior to it being recorded. CONCLUSION /SUMMARY The proposed Waiver of Plat has met the conditions placed on it by the Advisory Planning Commission and the applicant has provided the City a copy of an acceptable reciprocal easement agreement. ACTION FOR - CONSI ERATIQ 1 Th*'new leeld .Iteechpt►on ter c bina9orl) with the approx. 6.5 acre is (PID No. 10. 01900-010 -14). be n ah 5 lot Ong this arty to :sou healst 4. An agreement stating that Hillside Apartments and PID No. 1041900 - 010-10 cannot be conveyed or transferred separately shall be recorded with Waiver of Plat. EXHIBIT A Legal Description of Apartment Parcel All that part of Lot 1, Block 1, STRYKER ADDITION, Dakota County, Minnesota, according to the recorded plat thereof, which lies above elevation 842.40 feet (mean see level datum, N.G.V.D., 1929) being the lowest floor level of the existing apartment buildings located thereon; and lying within the area described as follows: Beginning at the most southerly corner of said Lot 1; thence N 33'24'00" W on an assumed bearing along the southwesterly line of said Lot 1, a distance of 80.52 feet; thence N S3'25'04" E, a distance of 157.82 feet; thence N 36.34'56" w, a distance of 40.00 feet; thence N 53'25'04" E, a distance of 210.60 feet; thence S 36'34'56" E, a distance of 40.00 feet; thence N 53'25'04" E, a distance of 156.49 feet to the northerly line of said Lot 1; thence S 40'42'50" E along the northerly line of algid Lot 1, a distance of 80.61 feet to the northeast corner of said Lot 1; thence S 53'25'04" W along the easterly line of said Lot 1, a distance of 177.60 feet; thence N 36'34'56 W, a distance of 40.00 feet; thence S 53'25'04" W, a distance of 180.00 feet; thence S 36'34'56" E. a distance of 40.00 feet; thence S 53'25'04" W, a distance of 177.59 feet to said point of beginning. `l � EXHIBIT B Legal Description of Ccm.rcial Parcel Lot 1, Block 1, 'TRUER ADDITION, Dakota County, Minnesota, according to the recorded plat thereof, EXCEPT the following described property: All that part of Lot 1, Block 1, STRYKER ADDITION, Dakota County, Minnesota, according to the recorded plat thereof, which lies above elevation 842.40 feet (mean sea level: datum, LC.V.D., 1929) being the lowest floor level of the existing apartment buildings located thereon; and lying within the area described as follows: Beginning at the most southerly corner of said Lot 1; thence N 33.24'00" W on an assumed bearing along the southwesterly line of said Lot 1, a distance of 80.52 feet; thence N 53.25'04" E, a distance, of 157.82 feet; thence N 36634'56" w, a distance of 40.00 feet; thence N 53.25'04" E, a distance of 210.60 feet; thence 8 36.34'56" E, `a distance of 40.00 feet; thence N 53'25'04" E, $ distance of 156.49 feet to the northerly line of said Lot 1; thence 8 40'42'50" E along the northerly line of said Lot 1, a distance of 80.61 feet ' SW sw Waiver of Plat v E w hot* Pi f 1 CUM" m`PF 11 43 How ••".... I MOMENT . c t rAcIt NW car Amor rAnt FTP ACK reVi NW ft S3 Agenda Information Memo December 7, 1994 City Council Meeting REVIEW OF CQNDI MIS TO 02141?JTIONAL USE PERMIT HUSSEIN. NSARI D. Review of Conditions to Conditional Use Permit, Hussein Ansari-- Community Development staff has been in contact with Mr. Ansari since the last City Council meeting. Mr. Assail has indicated that he is still tied up in court and will be getting together with staff at a future date to determine his desired course of action. Staff will be putting this item back on the Council agenda following completion of discussion with Mr. Ansari. ACTION TO BE CONSIDERED ON THIS ITEM: To continue review of conditions to the conditional use permit for Hussein Ansari to a future City Council meeting. Agenda Information Memo December 7, 1994 City Council Meeting FINAL SUBDIVISION/VERDANT ACRES A. Final Subdivision, Verdant Acres - -The final plans, development agreement and securities have been reviewed and approved for this subdivision. If the vacation of Center Street is approved under Public Hearings at the meeting of December 7, final apprw / a � l of this subdivision will be in order. The plat for the subdivision is enclosed on page L_ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the final subdivision for the Verdant Subdivision located on Trails End Road, south of Yankee Doodle Road. i) )1 ij4ir.4i 4js 1 Ii ifl1h' ri1141 � fli 1 i 111"i i 1.I i 1 1 ;I!;;!I/IIII� 1111 ;t;4, !I Pi 1 1' J ii' 11 11 i{{Ij't j 11 1, I;11 PIA I, .1II 1 • it ' !IP W ItuI;i!,; i! II! If 1 Jill Qi IIE Ijl�,! it ,Il �'1 .111 _": -4 . t- - �_ 04 Q ' ;lig Agenda Information Memo December 7, 1994 City Council Meeting REZONING/PRELIMINARY SUBDIVISION PINES EDGE 2ND ADDITION /SHAMRQCK DEVELOPMENT B. Rezoning, Pines Edge 2nd Addition - Shamrock Development, of .89 Acres from Public Facility to R -1, Single Family, and Preliminary Subdivision for 1.37 Acres, North of Biscayne Avenue and East of Highway 3—Shamrock Development is requesting approval of a rezoning of .89 acres from PF (Public Facility) to R -1 (Single Family) and a preliminary plat of 41ots on 1.37 acres in the southeast quarter of Section 36. The Advisory Planning Commission conducted a public hearing on this matt ; � its mee g of November 22,1994. The staff report on this item is enclosed on pages I through 0 The minutes of the APC meeting are enclosed on pages 21 rough The Advisory Planning Commission recommends approval of this rezoning and preliminary subdivision, subject to the three conditions set forth in their minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a rezoning for Pines Edge 2nd Addition /Shamrock Development of .89 acres from PF (Public Facility) to R -1 (Single Family); and 2) a preliminary plat of 4 lots on 1.37 acres subject to the three conditions set forth in the minutes of the APC. REPORT DATE: November 9, 1994 PLANNING REPORT CITY OF EAGAN APPLICANT: Shamrock Development HEARING DATE: Nov. 22, 1994 PROPERTY OWNER Shamrock Development PREPARED BY: Shannon Tyree REQUEST: Rezoning and Preliminary Subdivision - Pines Edge 2nd Addition LOCATION: SE1 /4 Section 36 COMPREHENSIVE PLAN: D -I Single Family Residential ZONING: R -1 Single Family and Public Facilities AUTHORITY FOR REVIEW CASE: 36 -RZ -21 -10-94 36 -PP -34 -10-94 SUMMARY OF REQUEST Shamrock Development Inc., is requesting approval of a Rezoning of .89 acres from PF - Public Facilities to R -1 - Single Family and a Preliminary Plat of four lots on 1.37 acres in the SE 1/4 of Section 36. 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 the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. 99 Planning Report - Pines Edge 2nd Addition November 22, 1994 Page 2 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 judgement 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 This addition was originally part of both Pines Edge Addition (subdivided in May 1994) and School District # 196 elementary school No. 18 (platted in July 1994). EXISTING CONDITIONS The site is currently in the process of being graded and construction of utilities will soon follow. The easterly half was owned by Jim Neary and the western half was owned by Bill Loomis. There is an existing gravel driveway along the north edge of the site. COMPATIBILITY WITH SURROUNDING AREA The entire area surrounding this proposal is developing as single family residential with the exception of the elementary school which is a very compatible use with residential. The proposal will be a logical extension of the existing single family residential neighborhood. The proposed development is consistent with the City's Comprehensive Land Use Guide Plan designation of D -1 Single Family Residential (0-3 units /acre). Planning Report - Pines Edge 2nd Addition November 22, 1994 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - South - East - West - Weston Hills 2nd Addition; zoned R -1; guided D -I. Elementary School #18; zoned PF, guided PF. Pines Edge Addition; zoned R -1, guided D -I. unplatted, single family homesites; zoned A - Agricultural; guided D -I. VALUATION OF REOUE$T Introduction. Shamrock Development Inc., is requesting a rezoning of 0.89 acres from public facility to R -1 in order to develop the proposed four lot subdivision as a continuation of the Pines Edge Addition. Preliminary Plat. Density The proposed density for the project is 2.9 units per acre. l 1 las The four lots range in size from 12,121 s.f. to 16,855 s.f. Setbacks As proposed all of the lots have been designed to permit development of single family homes that will meet the minimum setback requirements. Tree Preservation Tree preservation plans were submitted with Pines Edge First Addition. According to the tree preservation guidelines it will be necessary, prior to individual lot development, to submit a tree preservation plan. There are no significant trees on the site although there are some smaller trees scattered across the site. Grading/ Wetlands There are no jurisdictional wetlands located within the boundaries of this plat. The developer is in the process of grading this site with the Pines Edge First Addition grading permit. A majority of the site will be disturbed by the grading of the lots. The grading plan shows that a maximum of 6 feet of fill and 4 feet of cut will be required to prepare the site. The grading of the site will include the removal of the existing gravel driveway that is located along the north edge of the site. Storm Drainage /Water Ouality Stormwater has been previously accommodated through the plans of Pines Edge and the elementary school. The runoff generated from the site will be treated by a newly constructed detention basin designated as Pond LP -27.3, located on the west side of the elementary school. The storm water runoff will be treated in the detention basin before discharging into Pond LP -26, the nearest downstream recreational water body. Planning Report - Pines Edge 2nd Addition November 22, 1994 Page 4 Therefore no cash dedication or on site ponding is required. Utilities Sanitary sewer of sufficient size, depth, and capacity is available to serve this development. Watermain of sufficient size, pressure, and capacity is available to serve this development. A sanitary sewer and water service will be stubbed to each lot. Lots 1 and 2 will have access services stubbed to it from Red Pine Lane, City Project #673. Lots 3 and 4 will have services stubbed to it from Weston Hills Drive under the Pines Edge First Addition. Access /Street Design Access for Lots 1 and 2 will be provided from Westin Hills Drive and Lots 3 and 4 will take access from Red Pine Lane. Easements/Rights of Way/Permits All of the right of way for Weston Hills Drive and Red Pine Lane has already been dedicated. The developer shall be responsible for terminating the private access easement across the north property line of the site. Parks and Recreation. This development lies in Park Service District 36E. The parkland and trail dedication were calculated on the first addition and have been acquired. Therefore no cash or land dedication will be required for this development. An 8' bituminous trail will be constructed along the south edge of Red Pine Lane under City Project #673. SUMMARY /CONCLUSION - The use of single family residential is consistent with the City's Comprehensive Land Use Guide Plan and utilities are available to serve this proposed subdivision. Rezoning the 0.89 acre from PF - Public Facilities to R -1 single family is a logical continuation of the same type of development which has occurred in this area. preliminary Subdivision - The preliminary subdivision as proposed substantially meets the findings as set forth in Section 13.20 Subd. 6, as outlined on pages 1 and 2 of this planning report. ACTIONS TO BE CONSIDERED To recommend approval/ denial of the requested rezoning of .89 acres from PF, public Facilities to R -1, single family. To approve or deny the requested preliminary subdivision of 4 lots on 137 acres. Planning Report - Pines Edge 2nd Addition November 22, 1994 Page 5 If approval of the plat is recommended it shall be subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as dopted by Council on February 3, 1993: AI, B1, B2, Cl, C2, D1, El, Fl, G1, and H1. Moss 2. The development shall be responsible for removal of the existing gravel driveway from Weston Hills Drive to the east edge of the site. Easements 3. The developer will be responsible for terminating the private access easement across the north property line of the site. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligation. 1. This development shall accept its additional *imolai obligations as defined In the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10 -foot drainage and unity easements centered over all lot Ines 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. 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 Specllcations 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 qty 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. �3 E. LTS #S sTANDARD.CON 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 protect must be approved by Council action prior to final plat approval. Pe� 1. This development shall be responsible for the acquisition of an 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. 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25.1$87 9 City Council iotember 15. 1 D87 Revised: _July 10. 10a0 Revised: February 2. 199 FINANCIAL OBLIGATION - Pines Edge 2nd There are pay -off balances of special assessments totaling SO 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 of $61 ,486 on the parcel proposed for platting. These pending assessments are related to Project 673 Revised. The estimated financial obligation presented is subject to change based upon 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. 5775/lot 4 lots $ 3,100 Water Trunk S.F. $810 /lot 4 lots 3,240 Storm Sewer Trunk S.F. .074 /sq ft 59,704 sq ft 4.418 Total Mal LOCATION MAP e 2nd Addition v 5 w IAKO1A (OUtJ J Y PAR K' AG (!:.>) ZONING MAP Pines Edge 2nd Addition )) AG C3 i i • i i� _.: ;_11.; x, �. �'. fit/ 1 153 Wd ▪ 1 �, t' - - 4 i - , ' ►I1 • 1 0 n 1 1 ,n „nn : 1 ■ 1 • .0 1 1 .V 4. N . 1 1 1 1 4 ., 1 w � i�F's i i 1.1%. 1 , 1 t r- ZOi1r -- ii - - 1 I 1 4i 11 W =� —I — — =- - I - ;' . 1 1 11 I '51111 1 1 1 1 1 2 I I Cri Lail... g Atelaigtriprifira 1- ..,. ✓ u 7 '- I t 6 4 " ca l GA g 5 IF- _sa` 7 89 l 111111 `11111 11111 1 #�t • 1 r' 897. 243 0 L. 1 !*01 1;i I L —23 925.3 30.0 t I F 4 23 .P-45 Pai • tviGul:;r4 L i! ) 6 . L 2 � 2 904.0 901. 0 - 12 N 4 AGO --.1 IT FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF vs, I d LP-2 6 1 ' 920.2 92 EAGAN 1 warp QLIFF FID. ( SITE POMO MOW 1C3t MOIM Min fp•M•11 MOW MOWN Wows* es ■■• amor.■ dm. MOW Lin STATION Wara• • MOM LW STATION Www• 0 STOW POW, WM -• -• IMMO OMMON ammo goviam POMO *MUM WATS,' LEVU 000.0 POW NW WIMP LIM P000 OVONLAND IMMO' INOVTI • 1• MINUTES OF R REGULAR MEETING OF TEE SAGAN ADVISORY PLANNING COMMISSION SAGAN, MINNESOTA NOVEMBER 22, 1884 PINES EDGE 2ND ADDITION - SZAMROCE DEVELOPMENT REZONING AND PRELIMINARY SUBDIVISION Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of .89 acres from PF (Public Facilities) to R -1 (Single Family) and a Preliminary Subdivision of four lots on 1.37 acres located in the SE; of Section 36 north of Biscayne Avenue and east of Highway 3. PAGE 2 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 City Project Planner Shannon Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated November 9, 1994. Ms. Tyree noted the background and history of the proposed use and site of the proposed use, the existing conditions of the subject property, the surrounding uses and compatibility therewith, and the proposed preliminary subdivision, including the proposed lot size, density, the tree preservation, grading, and storm drainage /water quality plans and the access /street design. MA. Tyree concluded that the proposed rezoning is consistent with the City's Comprehensive Guide Plan and the proposed Preliminary Subdivision substantially meets the standards and requirements of the Subdivision Ordinance. Ms. Tyree finally noted that Condition No. 2 for the Preliminary Subdivision approval should be amended to provide that the existing gravel driveway will be removed at the time of the construction and installation of Red Pine Lane. Rick Packer, a representative of the applicant, stated the applicant had no problems with the conditions, but noted that with respect to Condition No. 3, the private access easement across the north property line of the site cannot be removed until Red Pine Lane is completed to assure continual access for the users of the easement. A resident of 4725 Stafford Lane whose property backs up to the existing private.. access easement stated that 30 feet of the easement is within his back lot. The resident inquired as to whether the removal of the private access easement will change any slopes in his property or result in the removal of any tress or the existing utility lines, and as to the procedure for removing the easement from his property. Ms. Tyree advised the resident that no trees or utilities will be removed from his property with the removal of the existing easement. Mr. Packer further added that essentially there are two existing easements with respect to the private access easement. Mr. Packer explained that one easement is on the resident's property and the other easement is on the applicant's property. Mr. Packer further advised that the utility poles ars on the resident's property and it will be the resident's responsibility to remove the easement from his property. Member Heyl stated that the proposed preliminary subdivision is consistent with the proposed rezoning which in turn is compatible with the surrounding area and other applications which were approved by the City earlier in the year. PAGE 3 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 Member Heyl moved, Seidel seconded, the motion to recommend approval of a Rezoning of .89 acres from PF (Public Facilities) to R -1 (Single Family). All approved in favor. Member Meyl moved, Seidel seconded the motion to recommend approval of a Preliminary Subdivision of four lots on 1.37 acres located in the SE% of Section 36 north of Biscayne Avenue and east of Highway 3, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, Bl, B2, Cl, C2, D1, El, F1, G1, and H1. 2. The development shall be responsible for removal of the existing gravel driveway from Weston Hills Drive to the east edge of the site upon the completed construction of Red Pine Lane. 3. The developer will be responsible for terminating the private access easement across the north property line of the site upon the completed construction of Red Pine Lane. All approved in favor. Agenda Information Memo December 7, 1994 City Council Meeting REZONING/EAGAN FAMILY HOUSING LIMITED PARTNERSHIP C. Rezoning, Eagan Family Housing Limited Partnership, of 8.1 Acres from R-4 to PD (Planned Development) East Side of Johnny Cake Ridge Road, North of Oak Ridge Elementary School—Eagan Family Housing Limited Partnership is requesting approval of a rezoning from R-4 to PD (Planned Development) for 42 townhouse units on 8.1 acres of property located on the east side of Johnny Cake Ridge Road, north of Oak Ridge Elementary School in the northwest u ■ arter of Section 28. The staff report on this item is enclosed on pages 10 ( through " The Advisory Planning Commission conducted a public hearing on this matter at its meeting of Noe er 22, 1994. The minutes of the APC meeting are enclosed on pages 1 through L, The Advisory Planning Commission recommends approval of the preliminary plan of the rezoning and preliminary planned development subject to the two conditions set forth in the APC minutes. If the City Council approves this preliminary planned development, the Limited Partnership /Dakota County HRA intends to develop more detailed development plans and subdivision proposals for consideration next spring. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning from R- 4 to PD (Planned Development) for the Eagan Family Housing Limited Partnership for 42 townhouse units on the 8.1 acre parcel located east of Johnny Cake Ridge Road, north of Oak Ridge Elementary School subject to the conditions recommended by the Advisory Planning Commission. MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 2, 1994 SUBJECT: PROPOSED HRA TOWNHOUSE PROJECT JOHNNY CAKE ROAD Councilmember Hunter has left a voice message asking for some additional information in relation to the proposed tax credit townhouse project that will be considered at the Council meeting of December 7. I am working with the Dakota County HRA to prepare this additional information. It will be available for distribution to the Council with the Administrative packet on Monday afternoon. The questions that Councilmember Hunter had asked include: 1. Why do we need additional low income housing in Eagan? 2. How does Eagan compare to other communities in Dakota County in the provision of affordable housing within the existing housing stock? 3. What is the demand for the type of housing proposed in this project? We are also trying to get some information on the range of salaries provided by the major employers in Eagan. Please let the City Council know that we will be providing them with this additional information which will help them address the many questions that they are receiving from the neighborhood adjacent to the proposed townhouse site. Thank you so much. 2 . %= Director of Community Development PAR/js i o � proposed.hra REPORT DATE: October 31, 1994 CASE #: 28 -RZ-23 -1494 APPLICANT: Eagan Family Housing Ltd HEARING DATE: November 22, 1994 PROPERTY OWNER EHW Properties PREPARED BY: Mike Ridley REQUEST: Rezoning, Preliminary Planned Development LOCATION: NW 1/4 Section 28 COMPREHENSIVE PLAN: D -II, Mixed Residential (0-6 units /acre) ZONING: R-4, Multiple Family SUMMARY OF REQUEST Eagan Family Housing Limited Partnership is requesting approval of a Rezoning from R-4 to Planned Development and a Preliminary Planned Development consisting of 42 townhouse units on 8.1 acres of property (part of PID# 10- 02800 - 022 -50) currently zoned R-4, located on the east side of Johnny Cake Ridge Road just north of Oak Ridge Elementary School in the NW 1/4 of Section 28. AUTHORITY FOR REVIEW PLANNING REPORT CITY OF EAGAN Chapter 11, Section 11.20, Subdivision 8, PD - Planned Development District. Planned Development Agreement. As a part of the approval of the "preliminary plan ", a "Planned Development Agreement" shall be approved by the Council as described in Subdivision 6, Subparagraph C of Section 11.40. The following constitutes a "Preliminary Development Plan ": 1. All of the information required under Section 1120, Subdivision 8. 2. Sketch Plan. (a) Streets: This shall include the proposed locations of all major and minor arterials and collector streets. The details of local access streets are not required with the Preliminary Development Plan. (b) Utilities: This shall include proposed general plans for sanitary sewer and water trunks and storm sewer trunk and holding ponds. Detailed plans are not required at this time. c Planning Report - Planned Development November 22, 1994 Page 2 (c) Lots and Blocks: The property may be divided into blocks only at this time. Detailed lot design is not required with the Preliminary Development Plan. (d) Future Subdivision: None of the above is meant to circumvent subdivision required prior to building construction or the requirements of Chapter 13 of the City Code. The above states the minimum requirements for the Preliminary Development Plan stage. The developer, at his option, may provide greater detail at this stage. Without detailed lot plans, another preliminary subdivision hearing will be needed as development ensues. 3. Staging Plan. This shall include the proposed sequence of development in terms of years or range of years of all areas of the Planned Development. It shall include staged development of structures, utilities, streets, walkways, and dedication of parks, ponds or open space. 4. Parks and Pedestrian Circulation. This shall include the exact location and dimension of public parks, ponds and trails proposed to be dedicated to the City. It shall also include a proposed pedestrian circulation plan related to the City's plan for a "trail system ". 5. Land Use Plan. This shall include an area -to -area designation of the type of use(s) proposed with corresponding acreage and densities. The Land Use Plan shall show the ultimate development (in blob form) proposed for the entire property, i.e., major, minor or collector streets, parks, trails, ponds or open space, residential, commercial, industrial or institutional development. Planned Development Agreement. 1. Prior to establishing a Planned Development District, a Planned Development Agreement, detailing the manner and procedures under which the Planned Development shall be developed, shall be adopted by the Council. 2. Said Planned Development Agreement shall include as a minimum, but not limited to: (a) A dear identification of the plans and maps which form the preliminary plan. These shall be attached and a part of the agreement. (b) A statement of the number and type of dwelling units that are being approved. (c) Method of satisfying park dedication requirements. (d) A statement describing any building or structure to exceed normal height limitations... Planning Report - Planned Development November 22, 1994 Page 3 BACKGROUND/HISTORY There have been no previous development applications for this parcel; however, this property is part of a larger parcel that was reviewed as Area R (77 acres) in the Multifamily Land Use Study. As part of this study, the City Council denied Comprehensive Guide Plan Amendments from D -III to D-I and Rezonings from R-4 to R -1 for this area in July of 1990. EXISTING CONDITIONS The she falls approximately 24' from a high point at the northeastern edge to the southwestern edge of the property. The site has been previously graded and except for one large oak tree on the eastern property line, the site is covered with scrub grass and insignificant volunteer tree growth. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Undeveloped; zoned R-4, Multiple; guided D -II, Mixed Residential (0-6 u /ac) South • Oak Ridge School /Downing Park; zoned and guided PF/P, Public Facility /Park East - The Trails of Thomas Lake (15 four -plex buildings); zoned PD; guided D-II West - Undeveloped; zoned R-4; guided D-III, Mixed Residential (6-12 u /ac) EVALUATION OF REQUEST A. Planned Development Eagan Family Housing Limited Partnership is proposing a rezoning to Planned Development (PD). The PD will allow a 42 unit assisted housing townhouse development that provides an equal split of two and three bedroom units to be managed by the Dakota County Housing Redevelopment Authority (HRA). The HRA is the general partner of the Eagan Family Housing Limited Partnership and is financially liable for the ongoing performance of the development. The HRA also has the responsibility and authority to manage the development and the partnership. The HRA will be the developer, lender, and manager of the project. The limited partner will be a large private corporation that will purchase tax credits , thereby providing an equity contribution of over 40% of the total development costs. The limited partnership will own the development for 15 years, at which time the HRA will purchase it to further insure the affordability of the units. l�1 Planning Report - Planned Development November 22, 1994 Page 4 These townhouse units are designed to meet the needs of families with children with household incomes up to 60% median income, adjusted for family size, and the residents will pay 30% of their income for rent. Compatibility with Surrounding Area - The townhouse project appears compatible with the existing multiple residential to the east, the anticipated development of the property zoned R-4 (Guided D-II, 0-6 u /ac) to the north, and Oak Ridge Elementary School and Downing Park to the south. In fact, the proximity of the school and park to the townhouse development will allow easy access for residents. The City Council has discussed potential sites for this type of project and directed the HRA to focus this development in the southern half of the City, east of I -35E. Density - The proposed 42 units on 8.1 acres results in a gross density of 5.2 units /acre. Excluding Clemson Drive right -of -way and ponding areas results in a net site density of 6.4 units /acre. By comparison, the existing R-4 zoning (12+ units /acre), would allow 97+ apartment units on this same property. Setbacks - All standard townhouse (R -3) setbacks can be met. Access/Right- Of-Way - The Preliminary Planned Development Sketch Plan shows the westerly extension of the Clemson Drive stub street to an intersection with Johnny Cake Ridge Road, which is designated a neighborhood collector street in the Comprehensive Guide Plan. Private access is unrestricted on a neighborhood collector; however, staff encourages direct access to local streets when possible. Although the site has 240' of frontage on Johnny Cake Ridge Road (neighborhood collector) the Sketch Plan calls for the site to be served by two access points off of the extension of Clemson Drive (local street). This development will be responsible for dedicating the entire 60' of right -of -way for Clemson Drive. Utilities/Ponding - City water and sanitary sewer lines are available in Johnny Cake Ridge Road and in the stub street of Clemson Drive to serve the site. Also, there is an existing water main which was constructed with the school project located on the south edge of the future right -of -way line for the Clemson Drive extension. The developer should "loop" the watermain by connecting to the existing water lines in Johnny Cake Ridge Road at the Clemson Drive/Woodgate Lane North intersection, in Clemson Drive at the center of the site, and at the Clemson Drive stub street. ��o Planning Report - Planned Development November 22, 1994 Page 5 The She Plan shows a 27 acre ponding area along the Clemson Drive extension in the southwestern portion of the site. Staging P - The applicant intends to develop the entire site in one phase. Architecture - The HRA has not bid the project yet so specific architecture has not been determined; however, the applicant will provide elevation drawings illustrating maintenance- free exterior building materials at the time the Final Planned Development is requested. The exterior materials should be consistent and complimentary to those used on the adjacent four -plex buildings in The Trails of Thomas Lake. j,andscaping - The preliminary Landscape Plan provides a sound mixture of plant materials; however, additional landscaping should be provided around the perimeter of the property. Additionally, all landscaped and green areas should be served by an underground irrigation system. Parks and Trails - The Site Plan shows a small play area in the southeast portion of the site and Downing park is located just south of the site. This property has previously provided a parkland dedication (Downing Park) and therefore, no park dedication is required. SUMMARY /CONCLUSION The proposed rezoning to Planned Development and the corresponding PD Agreement will ensure a 42 unit townhouse project as opposed to the 12+ unit /acre density allowed by the current R-4 zoning. The site is zoned and guided for multiple residential development and this rezoning to PD will ensure that the intended housing program, unit type, density, and (HRA) management will be kept in place. The intended land use appears compatible with existing and anticipated development in the area. City services are available to serve the site and access will be readily available from the extension of Clemson Drive. ACTION TO BE CONSIDERED To recommend approval /denial of a Rezoning from R-4 to Planned Development and a Preliminary Planned Development for Eagan Family Housing Limited Partnership for 42 townhouse units on the 8.1 acre parcel (part of PID# 10- 02800 - 022 -50) located east of Johnny Cake Ridge Road just north of Oak Ridge Elementary School subject to the conditions listed below. t l Planning Report - Planned Development November 22, 1994 Page 6 1. The applicant shall enter into a Planned Development Agreement with the City prior to the Final Planned Development /Preliminary Subdivision approval. 2. The pending Preliminary Subdivision /Final Planned Development application will require the submission of the following detailed plans: ' Preliminary Subdivision Plan * Site Plan • Utility and Street Plan • Grading /Drainage /Erosion Control Plan • Landscape Plan • Building Elevation Plan 1 ( TO: Mike Ridley FROM: Eagan Family Housing Limited Partnership DATE: November 9, 1994 RE: Oak Ridge Townhome Development Project Description Housing (Si. Redevelopment Authority 612. 423.48x: 2496•I45th St. W. • Rosemount. MN 55066 • T.D.D. 612.423•S1 S2 • FAX 612.423.616' The proposed Oak Ridge Townhomes will be owned by a private limited partnership with the Dakota County HRA as the general partner. As the general partner, the HRA will be financially liable for the ongoing performance of the development and ensure the limited partner tax needs are met. In addition, the HRA will be the developer, manager, and lender. As developer, the HRA is responsible for obtaining and structuring all of the below- market financing, syndicating the tax credits to a private limited partner, and constructing the townhomes. As project manager the HRA must lease the townhomes, ensure its long -term compliance will all of the tax credit and lenders' requirements, and physically maintain the development. And as lender the HRA underwrites the development, provides a completion guarantee, and assumes the financial risk of a lender. The Dakota County HRA is an experienced affordable housing developer, owner, and manager. The HRA currently manages over 692 units, including the 22 unit Parkside Townhomes and the 59 unit Glenbrook Place, both limited private partnership developments. The HRA is currently working on the third limited partnership development in the City of Inver Grove Heights consisting of 24 townhome units. These three developments are similar to the proposed Oak Ridge Townhomes. Development Financing The Oak Ridge Townhomes will•be owned by the Eagan Family Housing Limited Partnership, a private limited partnership formed to obtain and syndicate 1994 Low Income Housing Tax Credits. The Dakota County HRA is the general partner of the partnership and, although it only has 1% ownership of the development, the HRA has all of the responsibility and authority to manage the development and the partnership. The limited partner will be a large private corporation who will purchased the tax credits, thereby providing an equity contribution of about over 40% of 1 'AN EQUAL OPPORTUNPVEM YER" total development costs. The limited partnership will own the development for fifteen years, at which time the BRA will purchase it, thus insuring the affordability of the units far into the future. The BRA, as the sponsor and general partner, has obtained the major financing commitments for the Oak Ridge Townhomes. The BRA will also make a significant public financial contribution to this development through CDBG, HOME funds and tax increment financing. Development and Tenant Profile The Oak Ridge Townhomes are designed to meet the needs of families with children. The two story townhomes will consist of 42 two and three bedroom units. Average rents are expected to be about $475 for a two bedroom unit and $525 for a three bedroom unit. The townhomes will serve families with incomes up to 60% median income, adjusted for family size (60% of median for a family of four is $30,600). The residents will pay 30% of their income for rent, but no less than the established minimum rents, and no more than the maximum rents established under the tax credit program. The ERA's goal is to provide low density developments and high quality housing. The units will contain about 1050 square feet for a two bedroom unit and 1300 square feet for a three bedroom unit. The townhomes will have maintenance free steel siding and windows. The site will be well landscaped and will contain an underground sprinkling system and a play area and basketball court for the children. The amenities are included to meet the needs of working parents and their children. Units will have attached garages, laundry hook -ups, dishwasher, and mini - blinds. The 8 acre site is located near a busline, adjacent to a park and school and within walking distance to grocery and convenience stores. Need for Affordable Housing There is a strong need for affordable two and three bedroom rental units in Dakota and the City of Eagan. One clear indication of the demand is the waiting lists for affordable housing in the County. * The BRA has over 1300 families with children on the waiting list for BRA owned public housing. * In addition, over 2.000 families are on the waiting list for Section 8 Rental Assistance. j�� * Since January of 1988, there has been an increase of 64% in the number of families on the waiting list for rental assistance. The growing demand for affordable family units is largely due to two factors. * First, it is rarely economically feasible for developers to construct affordable rental housing without a large quantity of public assistance. * Second, while the need for affordable housing has expanded, federal funding for its construction has plummeted. In the 1970's, almost 2,500 additional units of federally assisted housing were funded in Dakota County, while in the 1980 less than 750 additional units were funded. According to the HRA 1994 Rental Market Study, in the City of Eagan only 11% of all rental units are three bedrooms. The average monthly rent for a three bedroom unit is $761. Eagan also has the second highest two and three bedroom rents of all cities in Dakota County. As a comparison only 2.93% of all housing units in Eagan are subsidized. FINANCIAL OBLIGATION - Oa'midge Family Housing There are pay -off balances of special assessments totaling $215,970 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. M this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon 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 the connections proposed to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water Main M.F. $2720/ff 234.53 $ 6,379 Lateral Benefit Storm Sewerm M.F. $21.05/ff 23433 4.937 Total 51 ' 12" outlet, higher charge if a larger outlet is used. 6° in LOCATION ZONING GUIDE PLAN 0 8 t ic3 k ski ♦ ♦ ` - \ - 1 i i fi l hf / ♦• ll ,i r J J P i V . P -71 0.5 AP- 5.1 . 112 40� P Ki ' - i "9 2$ • 09.8 14. f 9/8.1 '1, BP - 23 �... '931 BP- , £ , `93 2 9�1. , ._ 3 � � �.eJ.9 = ti ,•��stP� BP -10 ter: 909 9 �8. I 1 i `� ft Tc 920;0' N Ir -h m BP- 6 ,. 882.0 9/0.0 47: 1 F;( P- 18;1 908 4 : BP 3 , s 921:4 9270 • • 0 S it 4', �,•. 14, ti it !Gilt SD ;,,( cr r 1 +j • esi V P_7.2 924.5 929.5 DIFFLEY era 8P -35 908.0 920. 4 A t ,n 6P -24 920.0 :,; ; =� 410/4 Z9 30.0 FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN 1 9 j - 8P -4 B P -25 j. 874. 9 24.0 ;i'' 886• 927.2 i - BP -5.1 24 SITE 0/0.v • BP- I I 898 r A' f 9 � / g - aP -18.2 Bp �, 913.0 .9/s0 • Ti ` ;r• IJECIEND .0010 MIAS STOMA .MM.,...N,j S TOW isomme STOW t1T STATION ( ,) STORM VT STATION Oraposie STORM rONO[ Mf10M DIVISION P OMO NOMYAS WAVED Live.. . . . . . • 900 0 ene MN *Me LS11St • !00 0 Ov01LAM0 SNAOMOS IIOY?S O. • 0 ♦ • ♦ •• -IV EAGAN 1 SITE FIG. NO. 7 SANITARY SEWER TRUNK LAYOUT CITY OF EAGA C� FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF We the undersigned object to the rezoning of 8.1 R-4 (Multiple) acres to PD (Planned Development) and a Preliminary Planned Development consisting of 42 townhouse units, and variances to Eagan Code chapters 11 and 13 and/or Comprehensive Guide Plan Amendments, if required, for property located in Dakota County, Minnesota, T -27N, R -23 W, described as follows: Located on part of P.I.D. #10- 02900- 022 -50 on the east side of Johnny Cake Ridge Road just north of Oak Ridge Elementary School in the NW' /. of Section 28. NAME: PETITION OF OBJECTION TO REZONING ADDRESS: - -- c i G / 9 1(2— 8 C1_A-,,,1 A( 4 - `t31 o'r (-vs. rl r f,.,i 443 . npr.., C Cpl diA°277/eler)7 /1 4 3DV Umsen (161 ) 64 /44/ X53 el units. DATED : Nov. 8, 1994 NOTICE OF PUBLIC SEARING CITY 07 EAGAN NOTICE IS HERESY GIVEN THAT ON mesday. Nov _ _2 1994 at 7 :00 o'clock p.m. s Pubic Hearing will be held by the Advisory Planning Commi sion at the • Fsaa.Qty Hatt pursuant to the sppliat$on of Eagan Family Hou s i na Li m; t Pr9 In accordance with Chapters 11 and 13 of the Eagan Partn C ode to oonddet the , Rezoning of 8.1 R -4 (Multiple) acres to PD (Planned Development) and a Preliminary Planned Development consisting of 42 townhouse and variances to Eagan Code chapters 11 and 13 and/or 'Comprehensive Guide Plan Amendments, if required, for property located in Dakota County, Minnesota, T47N, R•23W, described ss foliows: Located on part of P.I.D. #10- 02900 - 022 -50 on the east side of Johnny Cake Ridge Road just north of Oak Ridge Elementary School in the NWT of Section 28. ADVISORY PLANNING OO1 OfISSION OTT OF EAGAN �. VanOverbeke City Clerk The City of Eagan k committed to the policy that al persons have equal access to i s programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sew disability, age, manta/ status or status rho regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at kart 96 bouts. If a notice of ku than 96 hours is received, the Oty of Eagan will attempt to provide such aid. We the undersigned object to the rezoning of 8.1 R-4 (Multiple) acres to PD (Planned Development) and a Preliminary Planned Development consisting of 42 townhouse units, and variances to Eagan Code chapters 11 and 13 and/or Comprehensive Guide Plan Amendments, if required, for property located in Dakota County, Minnesota, T -27N, R -23 W, described as follows: Located on part of P.I.D. #10-02900-022-50 on the east side of Johnny Cake Ridge Road just north of Oak Ridge Elementary School in the NW' /. of Section 28. NAME: Itmw "Ma tort_ PETITION OF OBJECTION TO REZONING • ADDRESS: 7‘4? te). -,lefA /6 l 3 L ».�- I D v /d /,S'- c.t E/I1 soul /G /.5" �.rZ. 1i1. 643 PA /LI . *09 CLaM s oil 'Diz 4-1318"g Gtenvo? CJ & ?/ Z ( c (c -(.. 1 11 Joe L//: ( /Lr 1 3" 1.1 1 land Q C /errs e, C1 're /'e /1 X 300 8 CQQ,a ri Cam; '.01 ('JMrO erc)( 1(,1 0.\e.n,15ov, -. (f3/ 41a C c...e)y) 541 Ai (4 • 93/y CL&Ai so r) et z ( ADDRESS: V30 4? Men-1541 G vcic 43 009 // J Ciewts 1.eL PAGE 8 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 NAGAN FAMILY MOUSING LIMIT= »ARTURSUP R=BOMINO AND PRELI*IMARY PLAIOIID DEVSLOPMiNT Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of 8.1 R -4 (Multiple) acres to PD (Planned Development) and a Preliminary Planned Development consisting of 42 Townhouse units located on part of P.I.D. $10- 02900- 022 -50 on the east side of Johnny Cake Ridge Road just north of Oak Ridge Elementary School in the NNE of Section 28. • Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated October 31, 1994. Mr. Ridley noted the background and history of the proposed use, the existing conditions of the subject property, the surrounding uses and compatibility therewith, and the proposed site plan for the proposed 42 townhouse units. Mr. Ridley further advised the Commission that the applicant, Eagan Family Housing Limited Partnership, consists of the Dakota County HRA as a general partner and a large private corporation as a limited partner. Mr. Ridley explained that Dakota County HRA will be financially liable for the ongoing performance of the development, and will be responsible for the management of the development and the partnership. In essence, as Mr. Ridley advised, Dakota County HRA will be the developer, lender, and manager of the proposed townhouse complex. Mr. Ridley concluded that the proposed rezoning to the planned development and the corresponding Planned Development Agreement will ensure a 42 -unit townhouse development, as opposed to a 12 -plus units per acre density as currently permitted under the current R -4 zoning. Mr. Ridley further stated that the site is zoned and guided for multiple residential development and that this rezoning to planned development will ensure that the intended housing program, unit type, density and HRA management will be kept in place. Kerry Gill, a representative of Dakota County HRA, briefly described the proposed townhouse development: there would be a total of 42 units, equally split between two and three bedroom units, maintenance free siding, an extensive landscape plan consisting of new tress, plants and a play area. Ms. Gill further noted that the proposed development would have much less density than allowed under the current Zoning Code. Ms. Gill advised that the proposed development would provide affordable housing for persons with modest paying jobs ($18,000.00 to $20,000.00 annual income). She further stated that the development would assure an attractive asset to the community. Finally, Ms. Gill advised the Commission that there are similar development projects by HRA located in Burnsville, Apple Valley and Inver Grove Heights. PAGE 9 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 John Mazurek, a resident from 1618 Clemson Drive #B, stated that he objected to the rezoning. The resident stated that rental housing on the subject property would not be consistent with the area which has owner /occupant housing. The resident further presented several photographs of the Burnsville and Apple Valley HRA housing developments. Be noted that the Apple Valley development is not unattractive, but it does appear to have unfinished landscaping and is compatible with the area because it is near a trailer park. He further showed a photograph of the Burnsville complex which according to the resident is surrounded by commercial and other rental property. Another resident, Terry Enge, who is a member of the Thomas Lake Townhome Association at 1613 Clemson Drive, stated that the proposed use is not consistent with the area which has owner /occupant housing. He presented a petition signed by the surrounding residents opposing the rezoning. He further stated that the area residents opposed the rezoning because the proposed use would adversely affect the property values in the area. The resident of 1618 Clemson Drive added that the residents further opposed to any development even under the current zoning which provides higher density. The resident noted, however, that they do not oppose senior housing. Another resident, 1589 Wexford Circle, stated his property backs up to the subject property. This resident inquired with Ms. Gill of the HRA on a number of issues. In response to the resident's questions, Ms. Gill advised the Commission of the following: (1) the two - bedroom units would be approximately 1,000 square feet and the three - bedroom units would be at 1,300 square feet; and (2) the exact cost of the development is unknown, but the Inver Grove Heights development costs were approximately $70,000.00 per unit for construction only. The Dakota County HRA Housing Finance Coordinator also responded to several questions of the resident of 1589 Wexford Circle and advised the Commission of the following: (1) the development is funded through three sources: low - income housing tax credits; donations from local corporations; and Minnesota Housing Finance Agency; and (2) the development will be on the tax rolls because of the private investment involved (the Inver Grove Heights development results in property taxes of $1,500.00 per unit). The resident further inquired whether Eagan has a quota for low income housing to which City Attorney Dougherty responded that Eagan believes in equal housing opportunity for its residents and the City Ordinance does not set income criteria for housing developments. The resident further inquired as to what benefit the City would receive with the proposed development to which Community Development Director Reichert stated that it is has been the policy and the goal of the City to have a full range of housing for its residents. She further PAGE 10 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 stated that previously the City Council was concerned with too much high density housing and therefore downgraded zoning to control that issue. She further stated that most apartment and /or affordable housing is located in the north end of town, but it would be preferable to the City to scatter out affordable housing and /or apartment living throughout the City. In response to Chairman Voracek's question as to the impact of the proposed rezoning, Community Development Director Reichert explained that with the current R -4 zoning, the use must be apartment, not townhome, with 12 -plus units per acre. Conversely, as Reichert explained, the proposed use would be a specific project for HRA with 5.2 units per acre. Reichert further noted that if this specific proposed project for HRA fails, the rezoning fails and goes back to the R -4 zone. She further stated that a planned development or planned development agreement gives the City additional control on proposed development. A resident of 4231 Wexford Way inquired as to what is planned for the property north of the subject. site. Project Planner Ridley advised that the property immediately adjacent to the north of the subject property is currently zoned R -4 and the property north of that parcel is zoned roadside business which provide interstate traffic services. Ridley further stated that the proposed use is compatible with the surrounding area because it involves multiple dwellings. The resident further questioned whether the proposed development should be closer to shopping and bus services because, according to the resident, low- income residents would have no means of transportation. A resident of 1546 Wexford Court expressed concern regarding the effect on the value of his property, noting that he never saw an evaluation as opposed to a devaluation of property because of public housing. A resident of 1516 Clemson Drive stated her primary concern is the safety of the children in connection with the residents of subsidized housing. Dakota County BRA Director of Property Management stated that BRA controls who shall occupy their developments. She explained that upon any lease application, HRA does a credit, criminal and reference check on all applicants. She further stated that BRA enforces the leases and are not afraid to evict. She also stated that a survey with the Burnsville and Apple Valley police, most calls to the police department from their housing developments are medical- related. A resident of 1595 Wexford Circle inquired whether there may be other sites more compatible for the proposed development. The resident from 1618 Clemson Circle stated that the issue is not the PAGE 11 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 potential tenants to live in the development, but only that its inconsistent with the zoning. Member Merkley inquired with staff as to why the City Council denied a comprehensive guide plan amendment in 1990 to single family. City Attorney Dougherty explained that in 1990 a multi-housing study was conducted. The park adjacent to the subject property was once a part of the subject property and in connection with the comprehensive guide amendment request, the City and the applicant reached an agreement where the City agreed that if it acquired part of the parcel for park purposes, it would keep the existing zoning. Merkley stated that the City needs a full range of housing for all people, that the proposal is a better alternative than the use currently allowed under the zoning code and that he believes that it is not a land use issue with the residents, but an issue with the fact that it is subsidized housing. Member Heyl concurred with Member Merkley with respect to the need for a full range of housing. She added that townhome housing is better than apartments which would be required under the current zoning. She also stated that it is her belief that the issue with the residents is the potential residents of the development, not the land use. Heyl concluded that the proposal fits within the Comprehensive Guide Plan and the Zoning Code and that the proposed use is compatible with the area. She further stated that the proposed development is practical in light of the need to have full range of housing and it is better to have HRA manage this development than any other management. Heyl concluded that she supports HRA's proposal. Member Segal concurred with Member Heyl with respect to the need for affordable housing but noted an encouragement to HRA to develop owner occupant affordable housing. Segal further stated that the adjacent elementary school is compatible with multi - family housing and thus the proposal fits the needs of the surrounding community. Segal concluded that he supports the proposal. Chairman Voracek agreed with Members Segal, Heyl and Merkley that the issue is not land use, but a concern with the property values and safety because of subsidized housing. He stated that he would prefer to have rental townhoaes than apartments. Chairman Voracek further stated that the City is working to attract large corporations into the City and the employees of these large corporations fall within HRA's standards and criteria for qualification for housing. He further noted that a great number of these employees ars single working mothers. Chairman Voracek concluded that if the City does not provide affordable housing for these employees, it will not attract these large corporations, and thus, the tax base will not increase for the City and all residential residents will face the property tax burdens. �3� PAGE 12 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 Community Development Director Reichert further explained that traditional urban planning involved putting greater intensive uses near interstates and feathering less intensive uses away from the interstate. In response to a question, Project Planner Ridley explained that prior to being rezoned and subdivided, Wexford was zoned R -3 Townhouse. Segal moved, Neyl seconded, a motion to approve the Rezoning of 8.1 R -4 (Multiple) acres to PD (Planned Development) and a Preliminary Planned Development consisting of 42 Townhouse units located on part of P.I.D. 010- 02900 - 022 -50 on the east side of Johnny Cake Ridge Road just north of Oak Ridge Elementary School in the NW; of Section 28, subject to the following conditions: 1. The applicant shall enter into a Planned Development Agreement with the City prior to the Final Planned Development /Preliminary Subdivision approval. 2. The pending Preliminary Subdivision /Final Planned Development application will require the submission of the following detailed plans: * Preliminary Subdivision Plan * Site Plan * Utility and Street Plan * Grading /Drainage /Erosion Control Plan * Landscape Plan * Building Elevation Plan All approved in favor. Agenda Information Memo December 7, 1994 City Council Meeting ,COMP GUIDE PLAN AMENDMENT/PRELIMINARY PLANNED DEVELOPMENT/ CONDITIONAL USE PERMIT /EASTER LUTHERAN CHURCH D. Comp Guide Plan Amendment, Easter Lutheran Church, from D -1 (Single Family Residential) to PF (Public Facility) and Preliminary Planned Development /Conditional Use Permit, on Northwest Corner of Pilot Knob Road and Cliff Road--Easter Lutheran Church is requesting approval of a comprehensive guide plan amendment changing the land use guide designation from D-1 (Single Family) to PF (Public Facility) and a preliminary planned development /conditional use permit to allow the development of a 73,385 square foot church facility with 430 on -site parking spaces located on the northwest corner of Pilot Knob and Cliff Roads, adjacent to Thomas Lake. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of November 22, 1994. The staff report on this item is enclosed on pages /_37through /S(. The minutes of the Planning Commission are enclosed on pages Aro The minutes of the Advisory Parks, Recreation & Natural Resources Commission which reflect review and recommendation relative to this item are also enclosed on pages through /(Q4. On a 3-2 vote, the Planning Commission recommends denial of the comprehensive guide plan amendment changing land use guide designation form D -1 (Single Family Residential) to PF (Public Facility) on the grounds that the proposal would result in a significant destruction of trees and provides inadequate on -site water pollutant mitigation for storm water runoff into Thomas Lake. The Planning Commission also recommends denial of the preliminary planned develop- ment /conditional use permit to allow development of a 75,000 square foot church at this location on the grounds that the proposal would result in a significant destruction of trees and provides inadequate on -site water pollutant mitigation for storm water runoff into Thomas Lake. The Advisory Parks, Recreation & Natural Resources Commission also recommends denial of the preliminary planned development /conditional use permit for the church. Because of the complexity and significance of the water quality issues related to this proposal, staff has prepared additional information for the City Council in an attempt to clarify the potential impacts of the development proposal on Thomas Lake as well as the potential for off -site mitigation. This information is enclosed on pages 1 (7 through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a comprehensive guide plan amendment for Easter Lutheran Church changing the land use designation of approximately 12.9 acres from D-1 (Single Family) to PF (Public Facility) located at the northwest intersection of Pilot Knob and Cliff Roads in the southeast quarter of Section 28 and 2) a preliminary planned development /conditional use permit to allow development of a 73,385 square foot church facility subject to the 17 conditions set forth in the staff report. 130 REPORT DATE: November 16, 1994 PLANNING REPORT CITY OF EAGAN CASE: 28 -CU -17 -9-94 28 -RZ-19 -9-94 28 -CG -7 -9-94 APPLICANT: Easter Lutheran Church HEARING DATE: Nov. 2Z, 1994 PROPERTY OWNER: Doris Dahlke PREPARED BY: Shannon Tyree Dorothy Olsen & Erik Erikstrup REQUEST: Comprehensive Guide Plan Amendment Preliminary Planned Development / Conditional Use Permit LOCATION: SE 1/4 Section 28 COMPREHENSIVE PLAN: D -I Single Family Residential (0-3 units /acre) ZONING: R -1 Single Family/ Shoreland Overlay Zone. SUMMARY OF REQUEST Easter Lutheran Church is requesting approvals for the following applications: a Comprehensive Guide Plan Amendment changing the Land Use Guide Plan designation from D-I single family to PF - Public Facility and a Preliminary Planed Development / Conditional Use Permit to allow the development of a 73,385 s. f. church facility with 430 on -site parking spaces. AUTHORITY FOR REVIEW Chapter 11, Section 11.20, Subdivision 8, PD - Planned Development District. Panned Development Agreement, As a part of the approval of the "preliminary plan ", a 'Planned Development Agreement" shall be approved by the Council as described in Subdivision 6, Subparagraph C of Section 11.40. The following constitutes a "Preliminary Development Plan ": 1. All of the information required under Section 11.20, Subdivision 8. 2. Sketch Plan. (a) Streets: This shall include the proposed locations of all major and minor arterials and collector streets. The details of local access streets are not required with the Preliminary Development Plan. l3� Planning Report - Easter Lutheran Church November 22, 1994 Page 2 (b) Utilities: This shall include proposed general plans for sanitary sewer and water trunks and storm sewer trunk and holding ponds. Detailed plans are not required at this time. (c) Lots and Blocks: The property may be divided into blocks only at this time Detailed lot design is not required with the Preliminary Development Plan. (d) Future Subdivision: None of the above is meant to circumvent subdivision required prior to building construction or the requirements of Chapter 13 of the City Code. The above states the minimum requirements for the Preliminary Development Plan stage. The developer, at his option, may provide greater detail at this stage. Without detailed lot plans, another preliminary subdivision hearing will be needed as development ensues. 3. Staging Plan. This shall include the proposed sequence of development in terms of years or range of years of all areas of the Planned Development. It shall include staged development of structures, utilities, streets, wallcways, and dedication of parks, ponds or open space. 4. Parks and Pedestrian Circulation. This shall include the exact location and dimension of public parks, ponds and trails proposed to be dedicated to the City. It shall also include a proposed pedestrian circulation plan related to the City's plan for a "trail system ". 5. Land Use Plan. This shall include an area -to -area designation of the type of use(s) proposed with corresponding acreage and densities. The Land Use Plan shall show the ultimate development (in blob form) proposed for the entire property, i.e., major, minor or collector streets, parks, trails, ponds or open space, residential, commercial, industrial or institutional development. Required Standards for Conditional Use Permit: 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 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 (3€ Planning Report • Easter Lutheran Church November 22, 1994 Page 3 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 which 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. BACKGROUND /HISTORY Easter Lutheran Church was organized in 1974. In 1977, the City Council authorized the building permit to construct a 5,000 s.f. building with 175 seats on the 2.6 acre parcel and Lot 1, Block 5 Wilderness Run 5th Addition. The Church was platted as Easter Lutheran Church Addition in 1985 when a major addition for approximately 10,000 s.£ and 225 seats was being proposed. A total of 133 parking spaces were approved with the site plan which met the City Code requirement of 1 seat per 3.5 seats of the main sanctuary. In 1991, the church again expanded its building by approximately 6,700 s.£ but did not add any new seats to the sanctuary. The expansion allowed the church to redesign its parking lot and add approximately 40 more stalls. Due to 4,900 s.f. of building expansion on the south side of the church, access to Pilot Knob Road was terminated. In 1994 the church was approved for a rezoning and a plat to construct a 48 stall surface parking lot south of the church facility. Membership at the church is 2,815 (769 households) The church is anticipating steady growth for the future and a need to expand their facilities. In 1989 a committee was formed by the church to investigate alternatives for the future. In 1991, the church selected the proposed site in the northwest corner of Pilot Knob Road and Cliff Road to develop. Criteria for the development of their church included a minimum of 15 acres, the ability of the site to accommodate the proposed building program, proximity to the current site, high community visibility, compatibility with the setting, accessibility, general suitability for development, and the presence of the services to the site. Easter Lutheran Church has purchase options on the three parcels. The extended term on the options expires on December 31,1994. Actual first phase construction of this property may not occur for five • eight years (2000 - 2003). Planning Report - Easter Lutheran Church November 22, 1994 Page 4 EXISTING CONDITIONS The 12.9 site is comprised of three parcels (each with a dwelling unit) all zoned R -1 single family. Approximately, two and a half acres are located within Thomas Lake, classified as a General Development Lake by the Shoreland Zoning Ordinance. Thomas Lake is the most significant physical feature on the site; normal water level is 904.2 and the ordinary high water level is 908.0. In addition to the lake, the other outstanding feature of this development site is the extreme changes in the topography especially in the southeast where the lake is approximately 55' below the intersection of Cliff and Pilot Knob Roads. In other areas grades in excess of 15% occur. The northern portion of the site is characterized by more rolling hills A stand of conifers is located at the exact location of the existing curb cut along Cliff Road. the west boundary of the site. According to the tree inventory there are 169 significant trees scattered throughout the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - South - East - West - Thomas Lake Park; zoned P - Parks; guided P- Parks. Twin Manor Addition; zoned R -1; guided D -L City's South Water Treatment Facility and Clearwater Park, zoned P and PF; guided P and PF. Thomas Lake and Thomas Lake Addition (single family dwelling units); zoned R -1; designated D -I. EVALUATION OF REOUESTS The new proposed church facility will include a 1000 seat sanctuary, a Fellowship Hall, a Christian Education, a Family life section (gymnasium) and an Administration office. The square footage of the building totals 73,385 (approximate 55,000 s.f. footprint). The total amount of parking proposed for the site is 430. For comparison purposes the recently constructed Lifetime Fitness health club is building is approximately 43,000 s.f. and has a total of 288 parking stalls on 12 acres. St Thomas Beckett Church has a building footprint of approximately 44,000 s.f, and a maximum sanctuary of 1,200 seats with 348, 10' parking stalls. Plans related to architectural style, building materials used, landscaping, or signage have not yet been developed. This information will be provided with the Final Planned Development submission. Planning Report - Easter Lutheran Church November 22, 1994 Page 5 Currently the site is guided D-I Single Family residential. The request by the applicant is to change the land use guide plan designation to PP - Public Facilities. The Comprehensive Guide Plan does not address churches or their specific locations. However, the City has approved church uses in a variety of locations including residentially guided property with access to major arterials such as Pilot Snob Road. PIWININARY PLANNED DEVELOPMENT /COIWITIONAL USE PERMIT Mining The proposed development would not begin construction for possibly five to eight years. It is anticipated to be constructed over time in four phases. Phase I = Administration Building (includes offices and facilities for music activities), Family Life Building (including a gymnasium and other family- related spaces), and 220 parking spaces. Access would be from Pilot Knob Road. Phase II = Worship Center (1000 seat sanctuary) and Fellowship Hall (located below the sanctuary. 158 parking spaces added. Phase III = Christian Education Building. No additional parking at this time Phase IV = Completion of remaining 52 parking spaces in the immediate southeast corner of the site. las The three unplatted parcels (PID No.'s 10. 02800 - 010 - 79,10. 02800. 020-79 & 10.02800- 010-80) will be required to be combined through the platting process prior to a building permit being issued. Parcel 010 -79, the northernmost, is approximately 3.0 acres (2.62 less highway right -of -way). Immediately south is Parcel 020-79, which is 3.0 acres (2.66 less highway right -of -way). The largest parcel is located along both Cliff and Pilot Knob Road, and is 9.09 acres (7.59 less highway right -of -way). Combined, the lots total 15.09 acres (gross) or 12.87 (net) acres. The area of developable land remaining (above the normal water level) is approximately 10.48 acres. Setbacks and Height Thomas Lake is designated as a General Development Lake in the City's Shoreland Zoning Code. Any building occurring adjacent to this Lake is required to maintain a 'minimum 50' setback from the Ordinary High Water Mark (OHWM). The maximum allowable building height in a General Development Lake shoreland zone is 35'. The proposal will include a steeple which would be excluded from this maximum height requirement. 4 Planning Report - Easter Lutheran Church November 22, 1994 Page 6 $asements/Right -of -way The County will require 75 feet of half right -of -way on Cliff Road, therefore an additional 15 feet of right -of -way will be required to be dedicated on the final plat. This additional right -of -way should be reflected on their overall sketch plan layout. Parking One of the church's main concerns in developing a new site is providing enough parking for their members at the peak capacity time (Sunday worship services). Parking for 286 cars would be required by code. This reflects a ratio of one parking stall for each three and one -half seats based on the design capacity of the main assembly hall. The church believes that this would not adequately serve their needs and is proposing a 430 parking spaces a ratio of 1:2.33. This increase of 144 parking stalls adds to the overall amount of impervious surface on the site. In an effort to maximize the amount of parking available the church is also requesting 9' wide parking stalls a 1' variance to the 10' minimum width requirement. A revision of the sketch plan will be necessary to show the additional right -of -way dedication which will reduce the amount of parking by approximately 50 spaces or a total of 380 spaces. Tree Preservation, The tree inventory for the site identified 169 significant trees. The current sketch plan indicates that 119 trees or 70.4% of the significant trees identified will need to be removed. This is exceeds the 30% allowable tree removal and will necessitate the replacement of 216 category "B" trees. The purpose of adopting these guidelines is to encourage development of buildings and parking lots that would respect and take into account the natural resources. Approximately 40% of the site is covered with trees (crown coverage). The proposed development will remove 70% of that 40 %. This represents a very high percentage tree loss for a site that only has approximately 40% crown cover. On parcels where the crown cover is 100% (i.e. Rooney Addition) development cannot occur without some tree removal. In this instance, the site is only beginning with 40% and of those 70% are being removed. The church's development cannot be accommodated without a significant amount of removal and therefore their option is replacement, and is unlikely that all of the replacement can occur on -site. Storm Drainage/Water Oualily, The Shoreland Zoning Ordinance permits a maximum 25% impervious surface for General Development Lake zones. The church's sketch plan indicates approximately 60% impervious surface coverage. Code allows an increase in the maximum "provided the City has approved and implemented a storm water management plan affecting the subject site and a conditional use permit permitting an increase has been granted." 0-- Planning Report - Easter Lutheran Church November 22, 1994 Page 7 In addition to the usual standards listed on page 3 of this planning report for conditional uses, the shoreland overlay district also establishes additional standards. Site Evaluation Required. Prior to the issuance of any permit hereunder, an evaluation of the waterbody and the topographic, vegetation, and soil conditions on the site shall be made to ensure: (a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction; (b) The least visibility of structures and other facilities as viewed from public waters; (c) The site is adequate for water supply and on -site sewage treatment and public utilities are utilized when available; and (d) The types, uses, and number of watercraft that the project will generate are comparable in relation to the suitability of public waters to safely accommodate these watercraft. Standards (c) and (d) are not applicable to this request. By requiring the 50' buffer strip around Thomas Lake and implementing standard soil erosion techniques condition (a) could be satisfied. The church has submitted a rendering showing the view from Thomas Lake (see attachments). This drawing depicts how the building, with the exception of the steeple, would be screened by the existing vegetation in order to meet condition (b). With regard to the Conditional Use Permit the two most applicable findings to be considered by the Advisory Planning Commission and the City Council are B and G: B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Thomas Lake is one of six Class I lakes identified in the Eagan Water Quality Management Plan and is listed as a top priority in the Plan for long -term enhancement efforts. The Plan establishes a non - degradation standard for water quality for this and other recreational classified lakes. Because of its shallow depth (maximum depth of 6 feet, mean depth of 4 feet), Thomas Lake has relatively little ability to assimilate watershed pollutant loadings without showing changes in its physical characteristics. Water quality in the lake is degraded, probably due to high pollutant loadings from the existing watershed. ��3 Planning Report - Easter Lutheran Church November 22, 1994 Page 8 The church had initially proposed the use of a recharge basin system to handle all on -site stormwater. These basins would have been located below the parking lot surface. This is a very innovative stormwater management technique that has not been applied in weather conditions in the upper mid -west. It also requires proper soil conditions to be effective. City staff had concerns with regard to the operation and the longevity and maintenance of the proposed system. Finally, staff was concerned that should the system fail, there were no back up stormwater management options available. Given these concerns, the church has reconsidered its approach and is now proposing a combination of on -site storm water detention and off -site watershed mitigation efforts. There is sufficient room on -site to accommodate a two cell 03 acre detention basin on the site. Because this is far smaller than the detention basin size required to fully mitigate impacts on Thomas Lake, additional mitigation off -site will be required. There are several opportunities to modify existing storm water ponds elsewhere in the watershed. These modifications would decrease loadings from those sub - watersheds sufficiently to compensate for inadequate treatment of run -off provided by the small detention basin on the church site. However, it is important for the Advisory Planning Commission and City Council to recognize that completion of these project(s) to mitigate for the impacts of the church development on Thomas Lake would decrease the opportunities to improve water quality in the lake in the future. In effect, off site water quality improvement efforts will be allocated to mitigate the church pollution loading, and Thomas Lake will remain at its basic current water quality level. The church has indicated a willingness to finance off -site improvements for the site to mitigate its impacts. No exact cost to complete the necessary improvements has been identified. The church would like to know up front their financial responsibility. The exact amount of, or a maximum level of the off -site improvement necessary to achieve non- degradation is not yet known. A detailed watershed analysis identifying all of the off -site mitigation opportunities has not been completed. This examination of the watershed by staff would determine the feasibility and the cost involved. The amount of 850,000 was mentioned but after further evaluation staff has concluded that not until the bids are let would the actual cost be known. Therefore, it is recommended that the Preliminary Planned Development be conditioned on the church providing 100% of the cost of the off-site improvement as a condition of the final Planned Development for phase I. The applicant is willing to commit to the use of Minimum Disturbance /Minimum Maintenance practices to decrease the potential for generation and export of pollutants within the development. This includes the preservation of existing vegetation wherever feasible and landscaping with selected native species in order to eliminate the need for chemical applications, both fertilizers and pesticides. (4(1 Planning Report - Easter Lutheran Church November 22, 1994 Page 9 Grading/ Wetlands, One wetland has been identified and delineated on site. That wetland is a fringe wetland along the perimeter of Thomas Lake. At this time we have not received a specific grading plan for the site that contained the wetland delineation to determine whether encroachment was likely. However, the staked wetland edge is well within the "constrained area identified on the proposed stormwater management plan. This area extends about 50 feet back from the ordinary high water elevation of Thomas Lake and has been identified by the applicant as an area within which no disturbance will take place. No filling or draining of any wetland area within the site shall be permitted. A 50' buffer strip adjacent to the lake to maintain the natural vegetation some distance back from the edge of the lake may be appropriate for this development to prevent erosion into Thomas Lake. The development will be responsible for installing and maintaining erosion control methods in accordance 'with the City's Erosion /Sediment Control standards. The church submitted a revised grading plan on November 9, 1994 to reflect the most recent stormwater management plan involving the 0.5 acre on -site pond. However, staff review has observed that this grading is not consistent with the proposed stormwater management plan or the tree preservation plan. A revised grading plan will be needed which is in conformance with the stormwater management water quality plan and tree preservation. The preliminary grading plan as shown is unacceptable. The plan shows three areas where disturbance is encroaching into the 50' buffer area (measured from the OHWM). Additionally, the plan shows a small pond located on the west side of the site in an existing woodland area. The parking lots slope to the north and to the west. The portion draining to the west would drain into this substandard sized pond. The parking areas are shown at a fairly steep slope of 5 %. Typical parking lot design uses slopes of between 2% - 4%. Run off from the parking area will have to be routed via catch basins and stormsewer to the pond located on the north pond. The plan indicates a 10' high retaining wall along Cliff and Pilot Knob Roads. The wall is located about 10' from the existing bituminous trail. Staff would be concerned with safety of pedestrians and bicyclists considering the proximity of a 10' drop so close to the trail's edge. However, Dakota County is requiring the developer to dedicate an additional 15' of right -of -way along Cliff Road. The church's plans do not reflect this requirement by the County. After the right -of -way has been dedicated, the retaining wall will be 25' from the trails edge. This alleviates the trail safety concern. Utilities An existing 8" sanitary sewer in Cliff Road has been provided to serve this site. The invert elevation of the 8" line is at elevation 907.5. Existing watermain is available in Cliff and Pilot Knob Roads. An 8" water main stub has been provided to the site in the southwest corner from Cliff Road and in the northeast corner of the site from Pilot Knob. ��s Planning Report - Easter Lutheran Church November 22, 1994 Page 10 Access /Street Design, Street access for the proposed development is available from Cliff Road to the south and Pilot Knob Road to the east. The preliminary site plan shows a driveway connection to Cliff Road along the west property line of the sit. The shared driveway along the west property line will require an easement from the adjoining property to the west. The driveway connection to Cliff Road is at a location where a median opening has been provided on Cliff Road. The County Plat commission recommends that a right turn lane be required to be built by the developer for the Cliff Road driveway opening. North /south access is provided from Pilot Knob Road, The City's water treatment Facility and park are located opposite of this site and the church's ingress /egress location will be matched directly across from the Water Treatment Facility's access. The County's approval of the driveway connection to Pilot Knob Road is contingent on the removal of the three existing private driveway connections to Pilot Knob Road. park Dedication Park dedication and trail dedication fees are a requirement of the subdivision regulations. When this property develops (from three lots to one lot the lots) the parcels will be combined and therefore will not be subject to the subdivision requirements of park and trail dedications. COMPATIBILITY WITH SURROUNDING AREA Locating churches in or near residential neighborhoods is typical and can be compatible land uses. The scope of the ultimate development of Easter Lutheran Church on this site is quite intense when compared to the surrounding land uses. ,SUMMARY /CONCLUSION Comprehensive Guide Plan Amendment The requested change in land use from D -I (0-3 units acre) to PF - Public Facilities would not be incompatible land uses. Preliminary Planned Development/Conditional Use Permit Developing the site as a Planned Development matches the church's desire for phasing the project over a number of years and the City's interest in reviewing specific development as it occurs. The proposal generally meets the requirements for lots and setbacks. The two major issues are water quality and tree preservation. The church is proposing an impervious surface coverage in excess of the 25% Shoreland Zoning maximum. To approve the Conditional Use Permit required for the excess, it is necessary for the development to meet all of the seven standards for a Conditional Use Permit. The two key conditions for consideration are: B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Planning Report - Easter Lutheran Church November 22, 1994 Page 11 G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. • The policy issue is whether off -site mitigation is consistent with the City goals and plans for the water quality of Thomas Lake. The replacement of the 216 Category "B" trees (2 1/2" caliper) in accordance with the Tree Preservation Policy can be done on and off site. Due to physical constraints limiting the site, and the size of the project, significant tree replacement of replacement would be required. The grading plan should be revised to be consistent with the stormwater management plan. ACTIONS TO BE CONSIDERED To recommend approval /denial of the requested Comprehensive Guide Plan Amendment from D-I single family to PF public facility. To recommend approval /denial of the requested Preliminary Planned Development/ Conditional Use Permit. If a recommendation of approval is given it shall be subject to the following conditions: PRELIMINARY PLAT /CONDITIONAL USE PERMIT; 1. The applicant should enter into a Planned Development Agreement in accordance with Section 11.40 Subd 6. Planned Development the City prior to the final Planned Development/Preliminary Subdivision application. 2. To permit Easter Lutheran Church to construct a church facility in four phases of development: Worship Center Sanctuary 1000 seats 12,500 s.f. Narthex 6,250 s.f. Fellowship Dining/Reception 350 seats Christian Education Classrooms Library Daycare Family Life 11,500 s.f. v-F1 18,750 s.f. 7,000 s.f. 15,000 s.f. Planning Report - Easter Lutheran Church November 22, 1994 Page 12 Gymnasium 6,500 s.f. Other 5,000 s.f. Administration Offices Music Net Floor Area Support Area Net Floor Area x 13 Custodial Mechanical/Electrical Spaces Corridors, stairs Wall thickness, etc. Gross Floor Area 3. The term of the Planned Development shall be 15 years from the date of City Council approval, and Phase I shall be commenced by January 1, 2003. The site must also be platted prior to the initiation of Phase I. Streets /Access 4. The sketch plan shall be revised to show a total of 75' half right -of -way for Cliff Road (county Road No. 32). Grading 5. The grading plan should be revised to be consistent with the water quality plan and show acceptable grades. Wetlands 6. No filling or draining of any wetland shall be permitted on site. 4,200 s.L 56,450 s.L 16,935 s.L 73,385 s.f. 7. A 50' buffer strip in which no existing vegetation may be disturbed or impacted shall be established extending back from the ordinary high water mark shall be established. Water Ouality 8. The amount of impervious surface may be increased to a maximum of 60 %. 9. The applicant shall prepare for City review and approval a plan which articulates how the applicant's Minimum Disturbance/Minimum Maintenance proposal would be implemented on the site with each phase. 10. The developer shall be required to construct a .5 acre on -site detention basin with a wet pond volume of 1.7 acre -feet as part of Phase I. ��9 Planning Report - Easter Lutheran Church November 22, 1994 Page 13 11. The Church shall be responsible for paying the full capital costs of the off-site water quality mitigation prior to building permit issuance for Phase I of the Planned Development. Tree Preservation 12. Replacement of 119 significant trees with 216 Category "B" trees shall occur either on site or off -site. A replacement plan should be submitted to indicate exact planting locations. hiding 13. The proposed sketch plan shall be revised to include the additional 15' of right of way which will affect the proposed parking layout and setbacks. 14. To permit 380 nine foot parking spaces. &1Yht. 15. The maximum height allowable is 35 feet excluding the steeple which may be higher. Financial Obligation 16. At the time of development, financial obligations will be charged for Lateral Benefit Water, Lateral Benefit Sanitary Sewer, Storm Sewer Trunk, WAC (all at the rate effective on that date). Final Planned Development 17. 'Prior to the issuance of building permits, the following information shall be approved. This may be approved in stages as development ensues." 1. Final Plat. 2. Final Building Drawings and Specifications. 3. Final Site Plan ( which shall include but be limited to building elevations, parking lot design, stormwater system, signage, and a landscaping plan with schedule. FINANCIAL OBLIGATION - Easter Lutheran Rezoning - Financial Obligation The properties under consideration for rezoning to public facility were charged for their share of the City's public utility infrastructure at single family rates. There is no additional charge at the time of, or as a condition of rezoning. There are, however, additional charges due at time of platting. The following estimate of charges due was prepared using the 1994 rates. The financial obligation will be computed at the rates in exdstence at time of final platting. Improvement Use Rate Quantity Amount Lateral Benefit Water P.F. =27.20 /!f 1578.41 ff $42,933 Lateral Benefit P.F. 18.60/ff 630.79 ff 11,733 Sanitary Sewer Storm Sewer Trunk P.F. .038 sq ft 435,600 sq ft 16,553 WAC P.F. Z660/Ac 10 Ac TOTAL S9_ SI M.K PAGE 13 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 EASTER LUTEERAN =RCN COMPAE8EMBIVE GUIDE PLAN AMENDMENT AND PRELIMINARY PLANNED DEVELOPMENT /CONDITIONAL USE PERMIT Chairman Voracek opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use guide plan designation from D -1 Single Family Residential (0 -3 units /acre) to PF (Public Facilities), a Preliminary Planned Development /Conditional Use Permit to allow a 75,000 square foot church and a deviation from the Shoreland Zoning Code's Requirement of 25% maximum impervious surface on P.I.D.'s 10- 02800- 010 -79, 10- 02800 - 020 -79, and 10- 02800 - 010 -80 located in the SE; of Section 28 on the northwest corner of Pilot Knob and Cliff Roads. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated November 16, 1994. Tyree noted the background and history of the proposed use and site of the proposed use, the existing conditions of the subject property, the surrounding uses and compatibility therewith, the proposed site plan, and the tree preservation and storm drainage issues. Specifically, Ms. Tyree noted that there are 169 significant trees on the subject property and the applicant's plan indicates a removal of 119 (or 70.4 %) trees which exceeds the 30% allowable tree removal. Ms. Tyree noted that the proposed development plan cannot be accommodated without a significant amount of tree removal and therefore, its only option is replacement of trees of which is unlikely to be accomplished through all on -site replacement. Ms. Tyree further noted that under the Eagan Shoreland Zoning Ordinance, the development is permitted a maximum 258 impervious surface and the applicant's concept plan indicates approximately 60% impervious surface coverage. Ms. Tyree advised that the proposed development is along the shoreline of Thomas Lake which is one of six Class I lakes identified in the Eagan Water Quality Management Plan and is listed as a top priority for long -term enhancement purposes. Ms. Tyree advised that the applicant is proposing a combination of on -site storm water detention and off -site watershed mitigation efforts to protect the storm runoff into Thomas Lake. Ms. Tyree noted that there is sufficient room for an on -site two -cell .5 acre detention basin, but it is far smaller than what is required to fully mitigate any impacts on Thomas Lake. Accordingly, as Ms. Tyree advised, additional mitigation off -site would be required. Ms. Tyree advised that a detailed watershed analysis identifying all of the off -site mitigation opportunities has not been completed. Further, the preliminary planned development should be conditioned on the Church PAGE 24 /ADVISORY PLANNING COI4MISSION MINUTES november 22, 1994 providing 100% of the costs of the off -site improvements for the off -site aitigation, if any. Ms. Tyree further noted that the proposed grading plan is unacceptable because it shows three areas where grading disturbance is encroaching into the 50 -foot buffer strip along the lake shoreline. Ms. Tyres concluded that the proposed use is typical and compatible with the surrounding uses. Ns. Tyree emphasised that the two major issues, however, are water quality and tree preservation. She advised that the Eagan Advisory Parks and Recreation Commission recommended denial of the proposal. Pastor Zia Borgschatz of Easter Lutheran Church gave a brief background of the Church and an overview of the proposal. He stated that the proposed development's objective is to benefit the entire community, not just the congregation. He further stated that it is the applicants desire to resolve any water quality and tree preservation concerns. Nike Schroeder, a representative of the applicant, stated that the most significant vegetation is along Thomas Lake shoreline and the applicant "intend[s] to preserve it at the greatest degree possible." He also stated that the proposed parking area is needed to support the Church use without requiring street parking. He stated that with respect to addressing the storm water drainage issue, the applicant proposed a storm water sump (filter) system in the lower elevation of the subject property from which the storm water would then flow to a one -half acre pond. Mr. Schroeder further stated that extensive grading on site is necessary because of the steep slopes of the property and thus, the applicant would use retaining walls or other methods to keep out of the 50 -foot buffer area around the lake shoreline. Fred Hoisington, another representative of the applicant, discussed the tree preservation and water quality issues. He stated that with respect to the water quality issue, the applicant has reached an agreement with Rich Breech, Eagan's Water Resource Coordinator, under which storm water runoff would be addressed through an on -sits pond and off -site aitigation. Mr. Hoisington further stated that the applicant will meet the City's tree preservation regulations, but noted that some of the trees identified as significant are of poor quality or at the end of their life spans. He further stated that the replacement of any identified significant trees which are of less quality, i.e. box elders, will be replaced with more valuable species. He further stated that replacement of any removed trees will take place at the off -site mitigation sites. PAGE 15 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 With respect to the 25% impervious surface coverage restriction under the Shoreland Zoning Ordinance, Mr. Hoisington stated that any use of this site will require use of more than 25% of the site. He stated, however, that the applicant will meet the conditional use permit standards for the exception to the 25% restriction. Mr. Boisington further outlined the applicant's proposed revisions to the City staff's recommended conditions to the preliminary planned development /conditional use permit. The proposed revisions were submitted to the Commission. Mr. Hoisington emphasized that the proposed revisions are needed to allow flexibility because the applicant's plans are only concept and not final at this point. A resident from 1465 Thomas Lane stated that he has environmental and residential concerns. He stated that he has seen development in the surrounding area have an adverse impact on Thomas Lake and he fears the increased negative impact the Lake will suffer from the proposed development. He further stated that he has concerns with respect to the traffic increase as a result of the Church in an already high volumed intersection. He stated that the Commission should weigh the benefit to the community against the cost to the environment and Lake. The resident concluded that the City has tree preservation and water quality programs and thus should adhere to them. A resident from 4585 Lake Park Drive inquired with City staff and the Commission as to what "off -site mitigation" is. He stated that because the water quality issues at this time are not resolved, the Commission should recommend denial of the proposal. He added that the lake is not now healthy and development will only increase the problems. A resident of 4605 Pilot Knob Road expressed his support for the applicant stating that the present pollutants in the lake occurred before the proposal which will not impact the lake's condition. A resident of 4555 Lake Park Drive also expressed support for the applicant. A resident of 1393 Lakeside Drive stated that he supports the application if the applicant will meet the water quality and tree preservation requirements. A resident of 1395 Camel Back Drive stated that he has concerns that the already high volume traffic at the intersection will increase with the proposed use. Michael Mayer, a 10 -year resident of the Eagan and a member of the applicant church, stated that the facility would be a great asset to the community and most beneficial to the City. Another Eagan resident, who is a member of the applicant church and employed by the DNR, stated that he is aware of water quality issues and supports the application. PAGE 16 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 In response to Chairman Voracek's inquiry, Rich Brasch, Eagan Water Resource Coordinator, explained to the Commission the concept of "off -site mitigation." Mr. Brasch explained that because the applicant cannot provide enough ponding volume for the filtering of storm water before it flows into Thomas Lake, there is a need for off -site mitigation which would involve off -site ponds used to filter storm water runoff from properties other than the subject property before it drains into Thomas Lake. Mr. Brasch noted that.it is essentially a policy question for the City to decide: is the City willing to permit the applicant to provide off -site mitigation to compensate for the impact it proposed development will have on Thomas Lake. Chairman Voracek clarified with Mr. Brasch whether the question in this case is: if the developer pays for off -site mitigation to treat runoff from off -site properties, then the City will permit the subject site's runoff to go directly into Thomas Lake. Mr. Brasch stated that that is correct. In response to Chairman Voracek's question, Mr. Brasch further stated that if the use on the subject site would be decreased from that proposed, an opportunity to build an on -site treatment ponding system would exist. Mr. Merkley inquired with Mr. Brasch as to whether the applicant's representative was correct when he stated that there is an agreement between the applicant and Mr. Broach for off -site mitigation. Mr. Brasch responded that that statement is not totally correct; Mr. Brasch explained that he advised the applicant's representative that if the policy of the City will be to use off -site mitigation to compensate for the impact of the proposed development on Thomas Lake, then off -site mitigation may be an option for the developer. Mr. Brasch added that the proposed on -site storm water runoff treatment pond will not meet the needs to prevent degradation to the water quality of Thomas Lake. Member Merkley asked the applicant's representatives if there are other possible sites for the proposed use. Pastor Borgschatz stated that the applicant church looked at 14 sites within a two -mile radius of its existing church. Es stated that the subject property meets the standards and criteria set out by the applicant church in locating and choosing its new site. Member Segal stated that he is "torn between* the proposal requesting too much use on one parcel and the proposal requesting a use that is better than single- family housing for that particular site. Segal further stated, however, that his gain concern is the water quality issue and if that natter can be resolved, than the proposed use is an asset to the City and he would therefore support the proposal. PAGE 17 /ADVISORY PLANNING COMMISSION MINUTES November 22, 1994 Chairman Voracek stated that he supports the Easter Lutheran Church and what it does for the community, but the Commission is required to look at the best interests of the City in reviewing the proposal and the recommended conditions of its approval. He emphasised that his one basic issue with the proposal is the water quality. He stated that he does not believe that off -site mitigation was intended for a development such as this where the development is adjacent to a City lake. He stated that to trade polluted on -site water for treated off -site water is not viable or right and there gust be a solution for the site's pollutants into Thomas Lake. Chairman Voracek concluded that while he believes the development would compliment Thomas Lake, the water quality issue is presently unresolved and therefore, he cannot support the proposal. Gary Ehret stated that he is an engineer and also a member of the Church's committee that was formed to investigate the Church's future growth alternatives. Mr. Ehret stated that to achieve 90% mitigation, the site needs a two -acre foot pond and 100% non - degradation to Thomas Lake with a system within the site is impossible. Rich Brasch clarified that the proposed site pond provides 75% non - degradation system, not 90% mitigation. Member Heyl moved, Markley seconded, a motion to recommend denial of the Comprehensive Guide Plan Amendment changing the land use guide plan designation from D -1 Single Family Residential (0 -3 units /acre) to PF (Public Facilities) on the grounds that the proposal would result in a significant destruction of trees and does not provide adequate on -site water pollutant mitigation for storm water runoff into Thomas Lake. All approved in favor, except Chairman Voracek and Segal, who both opposed. Chairman Voracek stated that he opposed the motion to deny the Comprehensive Guide Plan Amendment because he believes the proposed use is an appropriate use for the site. Member Heyl moved, Markley seconded, a motion to recommend denial of the Preliminary Planned Development /Conditional Use Permit to allow a 75,000 square foot church and a deviation from the Shoreland Zoning Code's Requirement of 25% maximum impervious surface on P.I.D.'s 10- 02800 - 010 -79, 10- 02800 - 020 -79, and 10- 02800 - 010 -80 located in the SE; of Section 28 on the northwest corner of Pilot Snob and Cliff Roads on the grounds that the proposal would result in a significant destruction of trees and does not provide adequate on -site water pollutant litigation for storm water runoff into Thomas Lake. All approved in favor except Member Segal, who opposed. ISL ;iubject to Aooroval MINUTES OF REGULAR MEETING OF ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION EAGAN, MINNESOTA November 14, 1994 A regular meeting of the Advisory Parks, Recreation and Natural Resources Commission was called to order at 7:00 pm on November 14, 1994 with the following Commission Members present: Michael Vincent, David Szott, Stephen Thompson, Lee Markel), Ted Billy, Jonathan Widem, John Rudolph and Sherie Wallace. Commission Members George Kubik and Ken Tyler were not present. Staff present included Ken Vraa, Director of Parks and Recreation; Dorothy Peterson, Superintendent of Recreation; John VonDelinde, Parks Superintendent; Rich Brasch, Water Resources Coordinator; Gregg Hove, Supervisorof Forestry; C.J. Lilly, Landscape Architect/Parks Planner; Shannon Tyree, Project Planner; Mike Ridley, Project Planner and Cherry) Mesko, Secretary. AGENDA Director Vraa added Oakridge Family Housing - HRA to the Consent Agenda. Stephen Thomas moved, Jonathan Widem seconded with all members voting in favor to approve the agenda as presented. MINUTES OF REGULAR MEETING OF OCTOBER 17, 1994 John Rudolph moved, Jonathan Widem seconded with all members voting in favor to approve the minutes of the October 17, 1994 meeting as presented. DEPARTMENT HAPPENINGS CONSENT AGENDA TOWN CENTER 100 FIFTEENTH ADDITION = RED ROBIN LENTSCHS DEERWOOD POINTE EAGAN OAKS - CITYWIDE DEVELOPMENT EASTER LUTHERAN CHURCH Director Vraa introduced this item explaining that the Commission would be reviewing a Conditional Use Permit request for Easter Lutheran Church and was asked that their review focus primarily on whether the development met water quality, wetland and tree preservation requirements. Project Planner Tyree explained that the location of this proposed development is on the northwest comer of Pilot Knob Road and Cliff Road adjacent to Thomas Lake. Easter Lutheran Church is requesting a Comprehensive Guide Plan Amendment to allow a change in land use from D-1 Single Family Residential to Public Facility and a Preliminary Planned Development/Conditional Use Permit to allow the phased development of a 73,385 sq.ft. church facility and 430 parking stalls. The Conditional Use Permit is needed to allow the maximum impervious surface coverage to be increased. Planner Tyree explained that the tree inventory for this site identified 169 significant trees of which 119, or 70.4% will need to be removed. Since this exceeds the 30% allowable tree removal, Tyree continued, mitigation would require the replacement of 216 category ' B' trees. Approximately 40% of the site is covered with trees and the proposed development will remove 70% of that 40%. Advisory Parks, Recreation and Natural Resouces Commission Minutes of November 14, 1994 Meeting Page 2 There was one fringe wetland identified and delineated on the site along the perimeter of Thomas Lake howeverstaff has not received a detailed grading plan for the development to determine whether encroachment was likely. The staked wetland edge,Tyree continued, is well within the "constrained area identified on the proposed stormwater management plan and extends about 50 feet back from the ordinary high water elevation of Thomas Lake. The applicant has identified this as an area wherein no disturbance will take place. Staff recommends that no filling or draining of any wetland area within the site be permitted to maintain adjacent protective buffers around the lake. It was also suggested that a buffer strip to maintain the natural vegetation some distance back from the edge of the lake, beyond the fringe wetland, would be appropriate. Staff felt that a 50' buffer strip from the OHWM of Thomas Lake wold protect the screening vegetation and help prevent movement of sediment into Thomas Lake. Planner Tyne continued that the Shoreland Zoning Ordinance requires a 25% impervious surface maximum for general development lakes however, this applicant is requesting a 58% impervious surface coverage. The Code allows for an increase in the maximum 'provided the City has approved and implemented a storm water management plan affecting the subject site and a conditional use permit permitting an increase has been granted'. Because Thomas Lake is listed as a top priority in the Water Quality Management Plan and because of it's shallow depth, it has relatively little ability to assimilate watershed pollutant loadings without showing changes in its physical characteristics. The water quality in the lake is degraded, probably due to high pollutant loadings from the existing watershed. Staff felt there was sufficient room to accommodate a two cell 0.5 acre detention basin on the site which isfar less than the size detention basin required to fully mitigate impacts to Thomas Lake, however, there are several opportunities to modify existing storm water ponds elsewhere in the watershed. These modifications would decrease loadings from those sub - watersheds sufficiently to compensate for inadequate treatment of run- off provided by the small detention basin planned on the site. Planner Tyree explained that the costs for off-site improvements are not known as yet. Once a detailed watershed analysis identifying all of the off -site mitigation opportunities is completed staff will determine what needs to be done and the costs involved. As part of the Conditional Use Permit process, it was noted that the City has the authority to require such improvements as the City deems necessary to fully mitigate water quality degradation. In conclusion, Planner Tyree noted that the applicant is willing to commit to the use of minimum disturbance /minimum maintenance practices to decrease the potential for generation and export of pollutants within the development. This includes the preservation of existing vegetation wherever feasible and landscaping with selected native species in order to eliminate the need for chemical applications, both fertilizers and pesticides. forestry Supervisor Hove displayed a layout of the site showing the footprint of the proposed building and impervious surface. Supervisor Hove also identified the significant vegetation that would be removed from the site to facilitate this development. Pastor Borgschatz addressed the Commission commenting that Easter Lutheran Church as been in the community for over thirty years and is committed to staying in the community to meet the future needs of the congregation. To that end, the church is hopeful they will be able to create a good balance between serving their congregation and providing for a sensitive development on the site for the church's future home. Fred Hoizington explained that it has been a pleasure working with Easter Lutheran Church on this project. Since this is a very difficult site because of shoreline regulations, Mr. Hoizington continued, there is a benefit to having the church control the entire site. It was pointed out that the Commission has previously reviewed the concept plan for this site. Mr. Hoizington pointed out that there would be an area to the north to provide for on -site ponding, parking has been reduced from 445 stalls to 430 stalls and there would be two chambers constructed under parking lots to provide for slow release of the storm water. l� � Advisory Parks, Recreation and Natural Resouces Commission Minutes of November 14, 1994 Meeting Page 3 Mr.Hoizington commented that the City has a very rigid tree ordinance, more strict than most communities, however, the applicant feels this is very important and is wilting to mitigate tree loss in accordance with the policy. One suggestion was that since the church doesn't expect to begin construction on this site for approximately 3 -5 years,perhaps smaller plantings could occur earlier so that the trees would be of the size needed for mitigation once construction begins. The applicant has indicated they will protect as much of the vegetation within the 50 foot wetland edge as possible. It was also noted that although there is a concern for the tree Toss on the west side of the site, there is not much latitude for the applicant since this is the designated access to the site. Mr. Hoizington explained that the phasing of construction on this site will begin on the easterly portion of the site and move west in four phases. Relative to the impervious surface, Mr. Hoizington commented that although 25% is the maximum allowed, the City has the ability to change that amount if they so choose. Currently this development is showing 58% impervious surface but Mr.Hoizington mentioned that it may increase slightly if the County requires additional right - of-way for Cliff Road. Mr. Hoizington also commented that if this site had single family lots on it the impervious surface would be equal to or greater than the 58% this development is proposing. Member Markel) asked what the net impact would be to Thomas Lake. Coordinator Brasch indicated that there would be no further degradation to Thomas Lake, however some additional basin modification may be done to improve the water quality and that could be accomplished with off site ponding. Member Widem explained that this issue was reviewed by the Natural Resources Sub - Committee recently wherein the applicant, staff and the sub - committee made attempts to reduce the damage to the site, however very few options were presented for tree preservation and water quality. Supervisor Hove added that tree loss mitigation could not occur on site. Member Widem continued that it is the Commission's responsibility to determine when a development encroaches on natural resources. Although the decision may be subjective, the Commission needs to determine if this development impacts this site adversely and if this is an appropriate location for such intense use. Resident of 1465 Thomas Lane expressed his concern for development at this site particularly because of the run-off to Thomas Lake from Pilot Knob Road. He felt that there is a run -off problem that exists now and that this intense development on the site will only exaggerate the problem. Other concems expressed were the aesthetics of this development on this site and if parking were reduced, where would overflow parking be facilitated. Members Stephen Thompson and John Rudolph removed themselves from discussion and voting of this item due to their conflict of interest. Thompson because he is a member of the church and Rudolph because he attends the church. Member Wallace asked why Easter Lutheran was so set in using this site for their future expansion. Pastor Borgschatz responded that when the congregation was looking at future expansion in 1989 they looked at an area within a two mile radius because that is where the majority of the congregation came from and their survey indicated that people will travel up to ten minutes to go to church. Additionally, Easter Lutheran is one of three ELC churches in Eagan and must be cognizant of where they relocate since in some situations they may need to get permission from other ELC churches. The church's site committee looked at approximately 10-12 sites in 1989 and concluded that this site would best suit their needs for a 1000 seat capacity facility only one mile from the current site. In 1991, Pastor Borgschatz continued, a purchase option agreement was entered into to keep the two properties together. That purchase option will expire the end of 1994. Member Vincent asked if the church had considered the option of reducing parking by providing transportation from their current church. Member Widem commented that that had been suggested at the sub- committee meeting. Pastor Borgschatz responded that when the church site is moved, they will most likely sell the existing church, eliminating the option of having people park and be transported to the new church creating a barrier for participation. Pastor Borgschatz commented that he felt the church would improve the appearance at this comer. Member Vincent stated that reduced parking on site could reduce the tree removal. Pastor Borgschatz responded that stacked parking had been considered however, it was cost prohibitive. Advisory Parks, Recreation and Natural Resouces Commission Minutes of November 14, 1994 Meeting Page 4 Member Szott expressed concern with this proposal being exception to the policy. He asked that the focus remain on tree preservation and water quality issues and how this development impacts those items. Member Billy asked if the comments heard from Member Widem represent the concerns expressed at the sub- committee meeting. It appears, Billy continued, that staff and the sub-committee did try to work with the church to seek options and empathized with the church's needs and the dilemma the church was in with this site. Member Billy reiterated that the Commission would need to make a very subjective decision as to whether this site is appropriate for this development Member Widem reiterated the sub - committee's comments that the development is too intense a use for this site, the significant tree Toss mitigation cannot be met on site, and the impervious surface far exceeds what is allowed. Mr. Hoizington commented that a lot of time was spent in talking with the DNR regarding the shoreline regulations and their agreement with flexibility if a good stormwater management plan is in place. The applicant will maintain the fringe of the shoreline, will leave vegetation and supplement over time and will try to work to an area of compromise on some of these issues. In conclusion, Mr. Hoizington stated that the site will not maintain it's rural look as it is today unless the City acquires the properties. Member Vincent asked of this issue needed further review by the sub-committee. Member Billy commented that he understood the issues felt the options were very clear and did not see a need for further sub - committee review. Member Widem expressed his concern for setting a precedent for not abiding by the tree removal and impervious surface policies as they currently exist. After further discussion, Jonathan Widem moved, David Szott seconded a motion to recommend to the Advisory Planning Commission and the City Council that the Preliminary Planned Development/Conditional Use Permit for Easter Lutheran Church be denied. Those voting Aye included Michael Vincent, David Szott, Lee Markell, Ted Billy, Jonathan Widem and Sherie Wallace. Stephen Thompson and John Rudolph abstained. The motion passed. WALDEN HEIGHTS PARK UPDATE 1995 PARK/TRAILS DEDICATION FEES 1995 PROPOSED FEES AND CHARGES TREE PRESERVATION POLICY ANALYSIS WESCOTT SQUARE LAND AVAILABILITY HOLZ FARM PROPERTY PARKS DEVELOPMENT UPDATE ROUND TABLE ADJOURNMENT With no further business to conduct, Lee Markel) moved, Ted Billy seconded with all members voting in favor to adjourn. The meeting was adjoumed at 11:45 pm. Secretary Date ebb . .. guria 4 . UPC s tm rt N[1 ct. Re IS TS) I (ZQAF,tfor PAPA WAR :1rr PAN( 3* Pt 1E - *A1.E11 PT WE P1 11- SOC1ts101HE 1t XID Pt N • MARQUIS rt. (RA r• 13• Teaylast rt 1y[stIAtt rt 1{- SORR!I rt t11� rt n• PMt ►rT C4t4t1l ht 1.1114A rl- DOrN r1 'E NO!1t ►t N nY r t . p toyyt�R•1 rT ALTA PT. ISN PT. LOCATION Alr tACAN TITi Nt kuNlcfrAL ('�� MI R = won `ttf''Tt" T — CRr z t ur-I•� rt 41 r .Fortnr f)1 r1►'1 wESTtt It 4 At�Nt1 rArK __ _ L.-. =C m RRUnr soi 7-:',r, �• cc .1 RK1� I !((t \``�,---%' '4 ... - -- ,• • t 'PRELIMINARY PNABLLfi PLAN •t1.. Pare.. Partin. g rrd RPYM Rstc Ary W wt EN I.sss AtYrorwr• ® or+u r..•. w • Vs I. We rn Omar rarlr• w >w I.ase r+.+ •••••• ArryrA •r•. +ds•was I Sr r a SD .r• r fpou+r. wry as arm .••y w. ARD r ••r • MD amp ••WI w••l•., y.•. • n : Ib • and •• IoDe see ea why uv 1840• su prams New •.:23 w t rD :.sjs PRELIMINARY PHASING PLAN THO LA1\ I1; •s.srr.•:." ..... — — s EASTER LUTHERAN CHURCH Thomas Lake Site : Eagan, Minnesota w.1TI:R I.u• :v'.T7c1N :1111 1 'toad holy - ,$n L. r. .r •:. ;. t.111. ..1 fr 1.• . I.0 1I. . .1 tinr■■••••• • 11L• • Tu1N.ur..1114% nM.n ttvl (Y•.n. (1..An1.. ...mid. Lr. n.... . .... 7111=1 • N AN !11 Ilk Now .r•. ••••••.11101 Timm r • WATER THEATMKNT PLANT KterNY MOVE 'oleinslea Kessler Group lee. 1 1< We at• / s.r...•w • l.n.r / s,.r. “1111 Wire IlmstreerS. Dant 111111 . y 7* a M . e .e l i v `/ // � 1 7 I ) ) 2/ % � r wow / // - 0011111, Significant Trees to be Replaced aordwonio Sottwoodo Conifere Key Ct Chi>a... Lm SE loS.lder ✓ � do Spruce CW Snow CA a.ba le VW SO Sur Oak Maple Po Pia oak AP d Pins e--- Tomas lane � for m 1E' to W SO sr w u• 4 414 40 .w Boundary Ordinary Nish Water Nark. 505.0 1 THOMAS Disturbance LAKE N Nate: • I.undary Survey obtained from Delmer N Schwan Land Surveyors lae. • topography obtained from Dakota County Otgmoenn5 Dept. Cliff Road 0 0 0 PI III glidne AMR 1 IJ: rr1►i� - "�✓ 1..�.J 674° fatO PO* ICU lry wrs AIM Oleo. OPPso slei..s•.n.r bite/ rr.0 ee�►..� E G E N P 1 1 I rritom 1 ,A 1• CONCEPT PLAN EASTER LUTHERAN CHURCH Thomas Lake Site : Eagan, Minnesota (Ali! Itcr ;Kl hole • Iloundnr■ obl. d h•.m I14.I1tIcn• 11 :r.... +....1 :•urrrlarr/. la.. TepO!rapb/ •. 1...u1 I),In..ls I. l } I:nj:.... ••I u, I. q.► /woo l..eir IMP NM Moo IMMIKEINIMPOLINM mow tomaroPoo IMemook f • N I N II; 11 ' 1. • 1 ■ • RATER TREATMENT PLANT CENT DRIVE: acOlegt•. wpa Gm* m•. ' worikearesiater PRELIMINARY GRADING PLAN EASTER LUTHERAN CHURCH Tomas Lake Site : Eagan, Minnesota 7 -_ Cliff Kock! Nolo: • Boundary `urve•y obtained (nine Dolman 11. $r1.w:.ui 1 1 : ,b„ • Topography obtained train lMkulr County I wt. rig Ik,1il • AIM 1 THOMAS 1 LAKE; % 01114 A1. M ATER ► :If :VATION 904 1 MIND IOW - -- rrr - ---- -. affill• ONO rte, z :=• 1...q MN w. IN - 11/111101r e a N N ' -..1 Y..., rlaMiriMil7 ....1..• Iltrt a tM IN - ew 1 dilaka !!R. M ...ee+. w1.». moo. MK �IU ne ewe loom Ili +erwOP Ate..5 4 U 0 0 /. •� � TYICNT FLAIR ifkiseue sada arrls Le. CITY OF EAGAN FIGURE No. 17 STORM SEWER LAYOUT MAP Imam AREAS POW ervain wow* trim mom tmovam *- wow LIP? sums omimoso • Waft LIFT IITAY/ON evestre stew root mei wham oma« 111•11•011111 411111111■ • •000 /00•0 POND 110011M SUMO Wei • • • • • PO.. Mal WM. um "mum NOM 111■0111MINIftimaftwOOMMINIMPIMMI.1■•••■••••■■•••■••••• EAGAN 1.0') FIG. NO. 7 SANITARY SEWER TRUNK LAYOUT CITY OF EAGANk(n .94—ripmmuseine„.„. FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF TO: TOM HEDGES, ADMINISTRATOR KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION PEGGY REICHERT, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: UPDATED WATER QUALITY ANALYSIS FOR PROPOSED EASTER LUTHERAN CHURCH DEVELOPMENT ON THOMAS LAKE DATE: NOVEMBER 30, 1994 Introduction The proposed Easter Lutheran Church development on Thomas Lake has raised several issues related to the environmental impact of the development. One of the principle issues raised has been the impact of the development on water quality in Thomas Lake and how to adequately mitigate that impact, should the development proposal be approved. The primary analytical tool for assessing impacts and mitigation options has been the City's water quality model for the Thomas Lake drainage. Because of increasing significance of the water quality issue with respect to this development, staff updated a portion of the model to reflect the most recent drainage basin and land use information for a large portion of the Thomas Lake watershed. This memo is intended to present information and recommendations regarding water quality impacts and mitigation, based on the updated analysis. It is important to note that while the current version of the Thomas Lake model is the best analytical tool available to estimate impacts, a calibrated model as reliable as the one recently developed during the diagnostic study for Fish Lake would take up to a year of intensive monitoring and data analysis. Background Thomas Lake is identified as one of six Class I recreational water bodies in the Eagan Water Quality Management Plan. Its high priority in the plan is due mainly to its importance as part of Thomas Lake Park and the extensive public access to the lake that the Park provides. Because of its shallow depth (maximum depth of 6 feet, average depth of 4 feet) , it is also unusually sensitive to pollutant loadings from its watershed. That is, it has a very limited ability to absorb these pollutant loadings without showing signs of physical deterioration. no Based on data collected in 1992 and 1993, in -lake water quality is poor and does not meet standards the City has set for either direct contact (i.e. swimming) or indirect contact (i.e. fishing and canoeing) recreation. The poor water quality is due in part to suspected high pollutant loadings coming from the existing watershed. The total area draining directly to Thomas Lake is approximately 140 acres while drainage from approximately 1600 acres reaches the lake after first passing through one or more of over 50 lakes, ponds, and wetlands in the Thomas Lake drainage. Amaiysis The proposed Easter Lutheran Church development would include about 10 acres of land immediately adjacent to the southeast shore of Thomas Lake. Based on the latest revisions to the site plan, about 58% of the site would be covered with impervious surfaces after development. Modeling indicates that runoff quality and quantity generated on the site after development would raise average phosphorus concentrations in Thomas Lake by about 6% above the pre - development condition if discharged directly to the Lake. The City's Water Quality Management Plan sets a non - degradation standard for all recreational water bodies in the City. That is, the predicted total phosphorus concentration in a recreational water body must be no higher after development than it was before development for a new subdivision. This standard is a yardstick against which to measure the adequacy of mitigation measures for the new development. The preferred method of mitigation identified in the plan is on -site ponding, although other types of mitigation - such as cash dedications and reduction in impervious coverage -are also identified as alternatives. Analysis using the updated model for Thomas Lake indicates that Easter Lutheran Church would need to provide a three -cell pond with a wet volume of 10.8 acre -feet and a surface area at normal water level of 2.1 acres. The current site plan for the proposed development provides only enough room for a two -cell pond with a wet volume of 1.6 acre -feet and a surface area of .5 acres. The proposed pond falls far short of the calculated pond size necessary for adequate stormwater treatment. However, the model indicates that the smaller pond would achieve about 79% of the phosphorus removal necessary to meet the non - degradation standard for Thomas Lake. Never - the -less, additional mitigation would be necessary to comply with City water quality management requirements for new developments. One additional mitigation option that has been discussed is to allow the applicant to either carry out or finance an off -site watershed improvement that would decrease pollutant loadings from the existing Thomas Lake watershed just enough to meet the non - degradation standard for this development. There would be no net improvement in the condition of the lake under this scenario, but neither would there be additional degradation after the applicant's development is completed. No detailed comprehensive watershed analysis to identify and evaluate the cost - effectiveness of all options to reduce pollutant loadings has yet been conducted for Thomas Lake. Two possible options for off -site mitigation have been identified in a preliminary screening by staff, however. But the use of one or both of these options to compensate for the impacts of a new development would decrease the number of cost - effective options that could be pursued by the City in the future to actually reduce existing pollutant loadings to Thomas Lake. This mitigation strategy was considered by both advisory commissions in their deliberations on the Easter Lutheran Church application. Another option for mitigation is requiring a cash dedication in addition to the sub - standard on -site pond. The amount of the cash dedication would be calculated using the methods and dedication schedules provided in the water quality management plan. This procedure has been routinely applied to other developments reviewed by staff in the past. The cash dedication would be based on the difference between surface area and volume of the pond that would be provided on the site and the surface area and volume of the hypothetical on -site pond that would be needed to provide adequate treatment. Using this method, the cash dedication for this development would be about $68,400 (based on the 1994 rate schedule). The funds would be paid to the City and would be used by the City to complete various watershed and /or in -lake treatments that could improve the lake compared to its existing condition. This option was neither presented or considered by either of the advisory commissions that reviewed this application. Concluding Remarks It is important to note that the predicted changes in phosphorus concentrations in Thomas Lake as a result of this development and the associated mitigation measures are a matter of parts per billion, or fractions thereof. It could be argued that these differences translate into minor physical changes that may be only a matter of several inches in water clarity or minor changes in some other observable characteristic. However, the use of these numerical expressions of water quality is essential as a relative yardstick against which to measure the adequacy of mitigation measures for all developments in the City. Without them, equitable administration of the requirements for new developments contained in the water quality management plan would be virtually impossible, and the accumulation of relatively small incremental impacts associated with new developments would continue to degrade the City's water bodies. It should also be noted that the definition of specific requirements for this proposed development has been made challenging in part because of the changing nature of the conceptual site plan. Certainly, this is to be expected at this stage in the development review process. However, it has become obvious that even small changes in the impervious coverage of the site make a significant difference in the size of the pond and cash dedication requirements necessary to fully comply with City water quality management standards. Thus, there is considerable incentive for the applicant to minimize the impervious coverage for the site if the application is approved. Recommendation If the City Council decides to approve the planned unit development /conditional use permit application, staff recommend the following: 1. Additional mitigation over and above that provided by on- site ponding should be taken as a cash dedication for water quality. 2. The method of calculating the cash dedication should be that outlined in the water quality management plan and described previously in this memo. 3. The calculation of the cash dedication costs will be based on actual impervious coverage of the site and will utilize the unit costs for land and excavation contained in the cost schedules at the time the building permit is issued for Phase I of the planned development. 2 Rich Brasch Water Resources Coordinator �3 Agenda Information Memo December 7, 1994 City Council Meeting 1995 COMPREHENSIVE FEE SCHEDULE E. 1995 Comprehensive Fee Schedule— Enclosed on pages through is a copy of the proposed 1995 Comprehensive Fee Schedule for the City of Eagan. Director of Finance VanOverbeke has coordinated input from all departments. Individual departments have identified suggested changes resulting from cost adjustments, new applications and policy decisions. It has been the policy of the City to adopt a comprehensive fee schedule each year in December for implementation on January 1. The enclosed pages show 1995 proposed additions and changes handwritten onto the approved 1994 Fee Schedule for comparative purposes. The proposed fees are intended to cover City costs and not to generate revenue over and above what is required to provide the service. They continue the City policy of implementing available and practical user fees, limited licensing and minimum regulation through the licensing function. Services that are generally provided to all citizens are paid for through taxes. Services that are of special purpose or benefit are paid for by user fees. Most of the changes are rather straightforward and relatively small in percentage and /or dollar amount. The Director of Finance will be present to answer any specific questions regarding the calculations and proposed changes. Unfortunately, the sanitary sewer user fee incorporates an increase of nearly 10 %. This increase again relates to the City billing a fixed amount of costs against a lower flow than was used to set the 1993 rates. The increase in 1994 and proposed for 1995 should get the rate back on track. The Metropolitan Council Wastewater Services continues to be the primary factor in sanitary sewer rates as they set treatment costs. The 1995 payment to them is estimated to be 5.74% higher than the 1994 payment. The effect on the utility customers is partially off -set since no change is proposed for water rates. The combined water and sanitary sewer change is as follows: 1994 1995 Per Cent Flow (Gallons) Billing (2) ,fig (2) Increase 17,600 (1) $ 61.76 $ 64.85 5.0% 20,000 62.05 65.55 5.6% 30,000 88.65 93.85 5.9% 100,000 274.85 291.95 6.2% 01) Average winter quarter water consumption (2) Totals include only water and sanitary sewer I Agenda Information Memo December 7, 1994 City Council Meeting If any City Councilmember has specific questions about proposed changes or other suggestions, please contact the City Administrator so the necessary research can be completed in advance of the meeting, if possible. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1995 Comprehensive Fee Schedule as presented or to approve with modifications. CITY OF EAGAN holosE0 199' FEE SCHEDULE 5 To 8a. 5 Effective January 1, 199% Q OVAPdA$b' • y City Council ArrpraverE December 7, 199' I LIQUOR /BEER /WINE PEES P o 054 1994 igg5 PEE TYPE PEE FEE BEER, LIQUOR AND WINE Beer Application and Investigation $350.00 Off -Sale License 75.00 On -Sale License 350.00 Temporary License 25.00 Liquor Application and Investigation 300.00 Off -Sale License 200.00 On -Sale License 4,000.00 Sunday License 200.00 On -Sale Club License Less than 200 300.00 201 -500 500.00 501 -1,000 650.00 1,001 -2,000 800.00 2,001 -4,000 1,000.00 4,001 -6,000 2,000.00 Over 6,000 3,000.00 Temporary (Up to Three Days) 150.00 Wine Application and Investigation 350.00 On -Sale License 400.00 Sunday License 100.00 Consumption and Display 25.00 Daily Sports or Convention 50.00 Duplicate License 5.00 ( "When Wine and Beer are applied for by the same applicant, the total maximum investigation fee is $400.00. (2) Also requires an escrow deposit of $1,000.00 for five persons requiring investigation and $200 for each additional if the investigation is conducted within Minnesota, or $2,000.00 for five persons requiring investigation and $400.00 for each additional if the investigation is conducted outside of Minnesota. 1 &I):4‘\1.> PEE TYPE Rubbish Hauler Commercial, Residential or Recycling Only 1st Truck Each Additional Commercial /Residential Combination 1st Truck Each Additional Service Station Solicitors (Non- Profit) Solicitors (For Profit) License Fee Trailer Permit Dog License Male or Female Neutered or Spayed Late Fee Duplicate Dog Tag (Also covers dogs licensed in another city) Kennel Permit Initial Renewal Animal Pick Up Animal Impound Pet Shop License Parade Permit Fee Shows License (circus, carnival, etc.) Massage Therapy Establishment License Massage Therapist License Gambling Investigation 1994 FEE $50.00 25.00 75.00 25.00 100.00 25.00 50.00 Investigation 25.00 up to 3 solicitors 5.00 each additional over 3 50.00 10.00 5.00 2.00 2.00 100.00 50.00 15:00 100.00 25.00 250.00 Cigarette License 40.00 RRS Q leolced Fee. 4.00 /day over amount billed the City by animal pound 25.00 50.00 Investigation 300.00 (includes 1 massage therapist license) 300.00 Investigation (includes 1 massage therapist) 50.00 200.00 Investigation PEE TYPE Mechanical Amusement 1 -3 Machines 4 -15 Machines 15+ Machines Contractors Licenses Plumbing Sever and Water Dance Sall Permit Public Dance - Single Event Pawn Shop License Stable License Golf Driving Range License Motorized Golf Cart Permit Paintball Facility License AAA A-lovx01) 1994 FEE MN Master License Certificate MN Master License Certificate C19\ $25.00 /Machine 200.00 Total 4-4 400.00 Total 1D 15+ 300.00 300.00 Investigation 50.00 8,000.00 350.00 50.00 50.00 25.00 150.00 50.00 No. & $2,000 Bond & of Insurance No. & $2,000 Bond & of Insurance Investigation per owner Investigation Baas P►p+pSEfid FEE 2 1 So 500 S.00 EAc1r, Photocopies Returned Check Fee Mailing Labels Notary Seal Voter Certification Data Processing Reports False Alarm Commercial Residential Radio Communications Lease Fax Legal Size Documents Invoicing Charge Research of City Records (Beyond Readily Available Material) Alarm Panel FEE TYPE Police /Fire Reports: Accident Incident Arrest (weekly) Accident Report Summary Photos: Viewing Accident Reports (Comm. User Tapes: Audio Video Fingerprinting 1 N A.nI �►M(Rr v.►;'� }o Carr %) 046A OA Polio Records Checks /Clearance Letters Street Closure 1994 FEE .50 /page 15.00 LOGIS Cost + $10.00 1.00 Each for first 5 .50 each for all additional 1.00 LOGIS Charge + 10% 75.00 Per False Alarm After 3 (City Code) 75.00 Per False Alarm After 3 (City Code) Previously Negotiated Rate New + 5% 1.00 for 1 or 2 pages .50 each additional page 15% (to Maximum $10) 20.00 /hr 8.00 /month 25.00 each 35.00 each 10.00 10.00 qff.„�ea S,, -, - qy 5.00 (Non -Law Enforcement Agencies) 4.00 4.00 first 2 pages Co .25 /ea. add']. page 20.00 /week 10.00 /week 10.00 /first print .50 /print after first s) .50 /report 25.00 (1) Ig45 Pr,foud F eE (1) Requires $25.00 deposit to cover City property used to accommodate the closure. TIDE TYPE Hard Coov Map Sales 1/2 Section - property only 1/2 Section - property and planimetric 1/2 Section - property, planimetric and contours 1/8 Section - property, planimetric and contours 1/2 Section - aerial photo 1/4 Section - property only Lodging Tax Grading /Excavation Permits If Preliminarily Platted Not Preliminarily Platted Renewal Utility Permits Utility Companies Permit For Construction in City Rights -of -Way and easements (fee is waived if issued with residential boulevard landscaping, irrigation or utility permits) Reallocation of Special Assessments Assessment Search Pending Assessment Report Assessment Fee on Delinquent Bills Copies of Legal Desc., owners, etc. Vacation Proceedings Industrial Revenue Bond and Multifamily Housing Bond Processing Fee Tax Increment Processing Fee s? 8.00 45.00 136.00 34.00 1994 FEE 5.00 5.00 3% of Gross Receipts 1445 PfO tostil F4. ti 10.00 6D .oD 15o .00 4o.oe (..0O 250.00 0 -5 Acres $150.00 Each Acre Over 5 Acres 50.00 /Acre ($550 Maximum) 150.00 10.00 50.00 150.00 10.00 25.00 25.00 /parcel 1.00 /page 300.00 500.00 500.00 (Plus out -of- pocket City Costs) (Plus out -of- pocket City Costs) 1994 ` ro ` o1eA FEE TYPE FEE Market Analysis Study Tree Preservation Policy Zoning Kap Zoning Regulations (City Code - Chapter 11) Liquor Regulations (City Code - Chapter 5) Subdivision Regulations (City Code - Chapter 13) Traffic Regulations (City Code - Chapter 8) Parking Regulations (City Code - Chapter 9) Landscape Policy Sign Regulations Shoreland Zoning Ordinance City Code Each Chapter (All Chapters Except 5,8,9,11,13) Code Book - Code Book with Binder City Code Updates Street Name Change Application Comp. Plan Amendment Comprehensive Guide Plan Map Water Quality Management Plan Water Quality Classification Map Comprehensive Storm Water Mgmt. Plan 50.00 3.00 5.00 10.00 10.00 10.00 3.00 3.00 3.00 3.00 3.00 5.00 60.00 75.00 10.00 100.00 500.00 3.00 50.00 5.00 Fee Schedule 2.00 50.00 (three ring binder) 35.00 (spiral bound) N° 5 1994 FEE TYPE FEE Trunk Storm Sewer Drainage Map Comp. Mater Supply /Distribution Plan Trunk Water System Map Comp Sanitary Sewer Policy /Plan Trunk Sanitary System Map Plans and Specifications $2.50 50.00 2.50 50.00 2.50 50.00 igaj P.o t osc! (1) b d;v ; S i oA Preliminary �1� Su (1) Rezoning Preliminary Planned Development Final Planned Development Cpw�Qr e..\\ €144 Q e �; vt ` I a., A (1) Conditional Use Permit I 150.00 (1) Variance S 1 i o log iSIO• (1) Waiver of +let Duplex Lot Splits Others (Except Single Family Zoned Property) Single Family Zoned Property (1) Special Permit (1) Interim Use Permit Driveway Agreement Preparation L o } co A 4 • FEE TYPE Final met— $ O V 6 PD- Annual Review 25.00 1 FioAl ?'a 1". Lo r eo eA4.c d w i ■ A 5 •N ANC* SUBDIVISION AND 44dVIVEt441. Lk% (1) Application to Appeal - 50% of Original Fee AAA io f e vv,.:'ts do vt0i u A th attli ;o4. 8 1994 FEE $100.00 +3.00 /lot 300.00 250.00 4r--- v.;vc t4cv0•a V r. tI4t. CIaN ��W Tvi 250.00 Requires Same Escrow as Preliminary Plat 100.00 Requires $4,000 Escrow 150.00 50.00 150.00 75.00 445 fr fc Iti FEE Require Escrow Deposits Per Development Escrow Policy D 300.00 (No Escrow) Q(i '500 Estv0vJ Requires escrow per development escrow policy. 150.00 e s. � s S op 200.00 EScvo W t:4 c :s tr►o t•dtd. 9.00. 00 FEE TYPE Building Permit Building Permits for Selected Work at Existing Residences: Basement Remodel /Finish Deck Fireplace /Fireplace Stove Demolition Permit Disposal Permit Electrical Permit Heating, Ventilating and Air Conditioning Moving Permit Plumbing and Gas Fitting Process Piping Sign Permit Wind Energy, Radio and Television Tower Permit Plan Check (Valuation over $10,000) Foundation Permit Replacement Building Permit Field Card Lot Transfer Fee (Bldg. Permit) Processing Fee on Canceled Permits INSPECTION FEES Duplicate Certificate of Occupancy Reinspection Fee Address Change (After Building Permit is issued) 1994 FEE Based on Value - See Attached Building Permit Fee Schedule 35.00 30.00 25.00 25.00 10.00 See Attached Electrical Inspection Fee Schedule See Attached Mechanical Permit Fee Schedule 75.00 Plus Cost of Repairs and Escrow See Attached Plumbing Permit Fee Schedule See Attached Mechanical Permit Fee Schedule 2.50 per square foot Based on Value - See Attached Building Permit Fee Schedule 65% of Building Permit Fee s 30 Based on Value - See Attached Building Permit Fee Schedule 5.00 50.00 One half of Plan Review Fee 5.00 30.00 50.00 (qq5 `` 1994 P1oto)cci FEE TYPE FEE Reprocess Fee (End of the Month Permits) 20.00 Underground Storage Tank Installation / Removal See Attached Mechanical Permit Fee Schedule State of Minnesota Contractor License Verification 5.00 10 $1.00 - $500.00 $501.00 - $2,000.00 41•11D Ow. MO INN BUILDING PERMITS CITY OF EAGAN 1994 PERMIT IEZS JER3[ST PEES - Fees based on UBC Fee Schedule 65% Plan Review Charge on all permits over $10,000. Permits are issued to specific lots - any lot change after issuance of permit $50.00 transfer fee. utility Charges - collected with permit fee (Applies to Single Family Dwelling Permits - Verify All Others) Sewer Availability Charge (SAC) - $900.00 4 150.00 Water Availability Charge (WAC) - $725.00 150.Oo Water Meter (5/8 ") - $115.00 Road Unit Charge - $410.00 4 Treatment Plant Charge - $348.00 31P.00 $15.00 $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 - $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 - $50,000.00 -- $252.00 for the first $25,000.00 plus 6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 - $100,000.00 -- $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof to and including $100,000.00. $100,001.00- $500,000.00 -- $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof. $500,001.00 - $1,000,000 -- $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and Up $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof. All permit fees are rounded to the nearest dollar amount. 11 Progobti 1445 P.t.tu �t - _� M ,fir • ENTRANCE & ONE LAUNDRY FACILITY) Sewer Availability Charge (SAC) -80% of $900 x number of units Water Availability Charge (WAC) -80% of $725 x number of units Road Unit -80% of $410 x number of units Treatment Plant Charge -80% of $348 x number of units Accessory buildings in apartment complexes will not pay MWCC SAC (Per MWCC policy). City SAC, WAC, Road Unit and Water Treatment will be charged at 80% of full value. Value lased Permits Valuation of Structure Addition or Alteration $1,000,000 or Less $1,000,001 to $2,000,000 $2,000,001 to $3,000,000 $3,000,001 to $4,000,000 $4,000,001 to $5,000,000 $5,000,001 and Up pied Pee Permits Amount of Permit Fee $1,000 or Less $1,001 and Over STATE SURCHARGE ON ALL PERMITS Surcharge Computation Ig95 fo2e6e4 F .0005 x Valuation $ 500 + .0004 x (Value - $1,000,000) $ 900 + .0003 x (Value - $2,000,000) $1,200 + .0002 x (Value - $3,000,000) $1,400 + .0001 x (Value - $4,000,000) $1,500 + .00005 x (Value - $5,000,000) S urcharge Computation $.50 Fee X .0005 12 Q 50 950 4;5 272 PLUMBING PERMIT FEES - 1994 * RESIDENTIAL (1 & 2 FAMILY DWELLINGS. TOWNHOMEB. CONDOMINIUMS) Minimum Fee Add -on, modification or alteration Plumbing fixture Water softener Water beater Fuel /gas piping system Fixture rough -in Lawn sprinkler system Private sewage disposal system * COMMERCIAL /INDUSTRIAL /APARTMENT BUILDINGS $20.00 20.00 3.00 each 5.00 3.00 3.00 per outlet 1.50 each 3.00 each 15.00 1% of contract price with a minimum fee of $25 * Verify with Inspections Department which classification of multiple residential dwellings your building fits in and what type of permit is required. MECHANICAL PERMIT FEES - 1994 * RESIDWNTIAL (1 & 2 FAMILY DWELLINGS. TOWNHOMEB. ft9NDO$INIUXS) Minimum fee Add -on, modification, or alteration HVAC - 1 - 100,000 BTU /H's additional 50,000 BTU /H's (or fraction thereof) Fuel /gas piping system * COMMERCIAL /INDUSTRIAL /APARTMENT BUILDING 13 ( r\ $2.0.00 20.00 24.00 6.00 3.00 per outlet Minimum fee $25.00 HVAC 1% of contract price Process piping systems $25.00 * Verify with Inspection Department which classification of multiple residential dwellings your building fits in and what type of permit is required. CITY OF EAGAN P�o�05� ELECTRICAL INSPECTION FEES CAA.- MOTE: MINIMUM CHARGE FOR !ACE INSPECTION - $20.00 n l a1 � ALL PERMITS REOUIRE S.S0 STATE 8URCEAXGE ` �' C. 1. payment of fees - All electrical inspection fees are due and payable to the City of Eagan at or before commencement of the installation and shall be forwarded to the City of Eagan. 2. The fees for signs shall be computed in accordance with State schedule with a minimum fee of $20.00 per sign. 3. /rimming pool ground fees shall be computed separately at $40.00 per pool. 4. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one inspection only - $20.00. S. Services, change of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 1 to 100 ampere capacity $15.00 101 to and including 200 ampere capacity or fraction thereof $20.00 For each addition of 100 amperes or fraction thereof $ 5.00 6. Circuit, installations or additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits fed from subfeeders and including the equipment service. Circuits of 250 volts or less. 0 to and including 30 ampere capacity 31 to and including 100 ampere capacity For each additional 100 ampere capacity or fraction thereof For circuits over 250 volts, double the fee for 250 volts or less. 7. In addition to the above fees: $ 5.00 $ 7.00 $ 6.00 a. A charge of $2.00 will be made for each street lighting standard. b. A charge of $2.00 will be made for each traffic signal head. Circuits originating within the standard will not be used when computing the fee. S. In addition to the above fees, all transformers and generators for lights, heat and power shall be computed separately at $2.00 per unit plus $.10 per KVA up to and including 100 KVA, 101 KVA and over a* $.05 per KVA. The maximum fee for any transformer or generator . this category is $20.00. 9. In addition to the above fees, all transformers for signs and outline lighting shall be computed at $3.00 for the first 500 VA or fraction thereof per unit, plus $.25 for each additional 100 VA or fraction thereof. 10. Is addition to the above fees (unless included in the maximum fee filed by the initial installer). remote controls, signal circuits, fire warning and security circuits of less than 50 volts shall be computed at $15.00 per first ten openings or devices of each system plus $1.00 for each additional opening. 11. Tor the review of plans and specifications of proposed installations, there shall be a minimum fee of 8100.00 up to and including $30,000 of electrical estimate, plus 1 /10 of 1% on any amount in excess of $30,000 to be paid by persons or firms requesting the review. 12. When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any court, a reinspection fee of not to exceed the original unit fee, or $20.00, whichever is less, may be assessed in writing by the inspector. 13. Par inspections not covered herein, or for requested special inspections or services, the fee shall be $30.00 per man hour, including travel time, plus the City's approved mileage rate, plus the reasonable cost of equipment of material consumed. This section is also applicable to inspection of empty conduits and such other jobs as determined by the inspector. 14. Tor inspections of transient project including, but not limited to, carnivals and circuses, the inspection fees shall be computed as follows: a. Power supply units - According to Item 4(b) (2) of fee schedule - a like fee will be required on power supply units at each engagement during the season, except that a fee of $30.00 per hour will be charged for additional time spent by the inspector if the power supply is not ready for inspection at the time and date specified on the request for inspection as required by law. b. Rides, devices or concessions - Shall be inspected at their first appearance of the season and the inspection fee shall be $20.00 per unit. 15. Pees double - When any person, co- partnership or corporation begin work of any kind such as hereinbefore set forth, or for which a permit from the electrical inspector is required by ordinance, without having secured the necessary permit therefore from the inspector of buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall when subsequently securing such permit, be required to pay double the fees herein - before provided for such permit, and shall be subject to all penal provisions of this ordinance. 15 16. Additional Fees and /or Fee shortage - Additional fees and /or f shortages must be received by the City within 14 days of writtE., notice. If additional fees and /or fee shortages are not received within 14 days of notice, permits for electrical installations will not be accepted by the City until such time as the additional fees and /or shortages are received. Additional fees and /or fee shortages that are not received within 14 days of notice are subject to a 10% per day penalty. 16 PEE TYPE Trunk Utility /Connection /Availability Charge Trunk Sanitary Sewer Oversize Unplatted Platted Residential Trunk Mater Main Oversize Unplatted and Platted Comm. & Ind. Platted Residential Water Supply & Storage (WAC) Non - Residential Trunk Storm Sewer Oversize Single Family Multi - Family Comm. & Ind. Lateral Benefit from Trunk Sanitary Sewer Lateral Benefit from Trunk Water Main Single Family Multi - Family and Comm. & Ind. Lateral Benefit from Trunk Storm Sewer 12" Storm Sewer 15" Storm Sewer 18" Storm Sewer 21" Storm Sewer 24" Storm Sewer UTILITY FEES 17 1• 3 3.994 PEE $1,610 /Ac. I.6t.0 775 /Lot $pp 1,685/Ac. 810 /Lot I,9No 535 2,660/Ac. 2,145 .074 /S.F. .093 /S.F. .112 /S.F. Lateral Benefit Utility /Connection /Availabilitv Charge 37.20 /Centerline Foot 38 .4 0 33.00 /Centerline Foot 39.00 54.40 /Centerline Foot SI.C' *42.10 /Centerline Foot y3.4O *43.70 /Centerline Foot 14$,10 *46.70 /Centerline Foot y$,90 *50.10 /Centerline Foot 51.90 *57.60 /Centerline Foot 5q,40 *Rate is based on a pipe at 15 foot depth, cost for additional depth will be reviewed on a case by case basis. Street Surfacing Street Surfacing w /Grading Street Surfacing w /Storm Sewer Street Surfacing w /Grading & Storm Sewer Concrete (5' wide) Bituminous Trail (8' wide) A. based on Per Acre Land Values and Residential 32 Wide Rate /F.F. Street Assessments B. Ucavation Rate of 52.00 /cubic yard 1994 FEE Multiple 44' Wide Rate /F. F. Comm. /Ind. 32' Wide Rate /F.F. $29.40 39.ao $53.45 531.S $70.65 '79.10 35.70 'g .Lo 68.40 (,A.50 94.20 10,5o 42.00 44.4c 69.30 15.4S 89.40 99.(,O 48.35 S5.26 84.25 9140 113.00 10.4o Trails $16.00 /F.F. Includes $3.15 /F.F IL.SO for Sod and Grading 12.60 /F.F. Includes $3.15 /F.F. I3.0 O for Sod and Grading Water Duality Dedication Single Family Duplex Townhome Apartments, Schools & Churches Industrial Commercial kII i Co' k )!. y � $16,895 + � ti 18,666 ^o � ,cl 22,403 " 24,916 67,300 t kIcy" 134,600 O (‘ NO •o '' b % ti CO 3.95 3.26 FEE TYPE Sanitary Sewer Single Family, Townhouse and Similar Residential (') Apartment, Institutional Commercial & Industrial Sewer only (no water connec- tion /meter to measure flow) Water Works All users (I) Storm Water Drainage Water Account Deposit Sewer Account Deposit peiahborhoo4 - Single Family /Twin Homes (R -1, R -2) Townhouses (R -3) Multiple Residential & C/I non - continuous C/I continuous ;ndividual Lights 100 WHPS 150 WHPS 250 WHPS Community and Signal Lights R1 /R2 R3 R4 Non - Residential UTILITY RATES AND FEES 1994 FEE MN $18.05 /Qtr. for 10,000 1 Gal. $1.61/1000 Gal. for I,t7 g All Usage Over 10,000 Gal. Based on Winter Quarter Meter Reading MN $18.05 /Qtr. for 10,000 Iq.85 Gal. $1.61/1000 Gal. for all Usage over 10,000 Gal Flat Rate - $34.15 /Qtr. 3 7.G S MN $17.40 /Qtr for 10,000 Gal. & 1.05/1000 Gal. for All Usage Over 10,000 Gal $5.00 /REF /Qtr. 5.94 (R3 Zoning 20% Credit) $15.00 /Residential Account $15.00 /Residential Account street Lights /Signal Lights $3.20 Per Qtr Per Lot 3. $2.56 Per Qtr Per Unit 0.L0 $10.00 /Qtr. /Billing Acct. 10.15 $4.30 /Qtr. /Ac. U_35 .148 /L.F. /Qtr. . iso 22.25/Ac. /Qtr. aD. Go $19.45 /Light /Qtr. 31.45 /Light /Qtr. 43.00 /Light /Qtr. $1.80 /Unit /Qtr. $1.40 /Unit /Qtr. $1.25 /Unit /Qtr. $5.30 /Unit /Qtr. CI� S.evl < C 4 ; T 1 Ztv. ra4es art Yase1 Oh A J, DOO %alto n . V% i" ~A. W% • as 19.15 31.45 41.10 kc FEE TYPE Road Unit Charge Residential Except Apartments Apartments (80 %) Non- Residential Sewer Availability Charge (SAC) Single Family (R1 and R2) Other Treatment Plant Charge Water Supply & Storage (WAC) Single Family Apartments Non - Residential Shut -off Charge Delivery of Shut -off Notice Late Fee Sewer Permit (New and Repair of Existing) Water Permit (New and Repair of Existing) y dra..k Temporary ConstructionAMeter Permit (6 month maximum) Scheduled After Hours A. Work Water Meter Removal Water Meter Replacement /or Resealing Sewer Ta Public Utility Maintenance Vehicle Permit - Access to City Boulevards Tree Contractors License 11Ja�c r To. Q CLA k To I \lco 1994 FEE $410 /unit (1.0 RUC) 4O5 328 /unit (0.8 RUC) 3 1,230 /acre (3.0 RUC) 1,915 $900 $900 /SAC Unit 348 /SAC Unit 725 /Lot 750 580 /Unit 600 2,660/Ac. 2.145 30.00 10. 00 A S0 a 50 372 10% of Balance c 50.00 �.. ° � k 50.00 ap eOp Q V, Qt 10.00 ($200 Escrow Dep.) rat Call Out - hLabor Rate(2.5 Hr. Minimum + 10% Administrative ($50 maximum ottrk'■ ` Administration) B. Extended Day labor + 10% Admin. ($50 maximum Admin.) 30.00 30.00 100.00 25.00 25.00 3DD .O' 3oo.00 3/23/94 1994 Ig45 111 TYPE PEE Pro twc a Water Meters 5/8" x 3/4" meter* 3/4 water meter* 1" water meter 11/2" water aster 2" compound ** 3" compound ** 4" compound ** 6" compound ** 2" turbo meter +E+� 3" turbo meter 4 4 4" turbo meters 6 turbo meter * * #2 copperhorn w /swivel Remote wire (over 35') Replacement (Provided the first time with meter): Outside Remote "Touch Pad" Meter Meter Strainers: 2" 205.00 3" 260.00 DC.S.00 4" 405.00 4 X0.00 6" 505.00 St5.0o Meter Testing (Charged only if meter tests correct): 5/8" through 1" 50.00 1 1/4" through 2" 80.00 All other sizes Contract Cost (Mpls)+ 10% Deposit to turn on water before all work is satisfactorily completed (City retains $30 as administrative fee) * Includes Copperhorn ** Includes Strainer Private Hydrant - Maintenance /Flushing 30.00 - Repair Time and Material Fcs. $115.00 150.00 165.00 4 /0.00 350.00 3(.0.00 1,540.00 i Slo .00 1,900.00 1g30.to 2,965.00 302o.00 4,920.00 So Is. Oo 570.00 900.00 800.00 I ooS.00 1,385.00 s815.0 0 3,320.00 3280.0o 16.00 01.0o 0.06 /Ft 0.01 12.00 13.00 200.00 FEE TYPE Parkland Dedication Single Family Duplex Townhouse /Quad Apartments /Multiple Commercial and Industrial Trailway Dedication Park Fees Picnic Kit Trapp Farm and Thomas Lake Pavilions(1) Enclosed Shelter Buildings(1) Restrooms /Bases /Field Chalking Maintenance Fee - Travel Baseball PARKS AND RECREATION Open Shelters Extra Picnic Tables (maximum of six) Athletic Facilities /Shelters(1) Fields Lights (If Required)- Tournaments Building Cleaning - Travel Soccer /Hockey Concession Permit (maximum of 3) Community Rooms Events Profit and Fund Raising Chuckwagon Grill Canopy Trapp Farm Reserved Tubing Facility (1) 1 - 25 People 26 - 100 People 22 1994 FEE $724.00 640.00 572.00 575.00 .05665/S.F $103 /unit 880 /Acre (1) Requires Damage alegmmOt. D Dos ;} 150.00 P ro oscd 1445 C � 3.00/7.00 �'' FEE flk 95.00 Per Day 1 15.00 ( 65.00 1/2 Day 85.00 (!) 95.00 Per Day 115.00 65.00 1/2 Day 85.00 0) 30.00 So. 00 0) 25.00 L 55.00 Per Field /Day .Or 30.00 Per Field /Hr 55.00 Per Day `, 30.00 per reservation 5D.cx 65.00 Youth /Team 165.00 Adult /Team (6 -9 games) 315.00 Adult /Team(10 +games) 65.00 /Travel Team 215.00 55.00 110.00 30.00 55.00 /Day SD.DD C) iS.00L) 25.00 /Hr 25.00 /Hr plus 1.00/ person /hr over 25 people (..) 41t ht Yaffe V - ; llML . 1No (. _V, A wai vti: s 2yttS. EOUIPM NT RATER 1994 FEB TYPE FEE Pick -up truck 22.00 /hr. 1 Ton dump truck 23.00 /hr. Single axle dump truck 32.00/hr. Tandem axle dump truck 40.00 /hr. Tractor 15.00/hr. Backhoe /loader 35.00/hr. Front end loader 60.00 /hr. Road grader 70.00 /hr. Street sweeper 41.00 /hr. Roller 20.00 /hr. Paver 20.00 /hr. Air Compressor 15.00 /hr. 50 KW Generator 35.00 /hr. Sewer Jetter 66.00 /hr. Sewer Rodder 33.00 /hr. Sewer Vacuum - Trailer 33.00 /hr. Sewer Vacuum - Truck 70.00 /hr. Groundsmaster Mower 22.00 /hr. Pump 6" 25.00 /hr. Pump 8" 28.00 /hr. Skid Loader 35.00 /hr. Chipper 15.00 /hr. Tanker 30.00 /hr. ;ITT STAFF RATES Department Directors $80.00 /hr. Assistant City Engineer 60.00 /hr. City Planner 60.00 /hr. Maintenance Superintendent 60.00 /hr. Design /Development Engineer 55.00/hr. Park Planner 50.00 /hr. Maintenance Supervisor 50.00 /hr. Senior Planner 50.00 /hr. Water Quality Coordinator 50.00 /hr. Senior Technician 45.00 /hr. Project Planner 40.00 /hr. Technician 40.00 /hr. Aide 30.00 /hr. Intern 20.00 /hr. Maintenance Person 20.00 /hr. (Regular) 30.00 /hr. (Overtime) Survey Crew (Includes Vehicles 2 person and Equipment) 70.00 /hr. 3 person 90.00 /hr. FEE TYPE Billing rates to the railroad for Manpower Pumper Tanker Chief's Vehicle Rescue, Grass Rigs Command Vehicle, Aerial (Minimum 1 hour charge) fires caused by them: $ 9.00 /hr. 200.00 /hr. Oci le> 150.00 /hr. dal` 500.00 /hr. Hazardous Material Containment /Clean -up Material Cost Plus Invoicing Charge Plus Railroad Fire Billing Rates for Personnel and Equipment 1994 FEE $150 per acre $1,500 Minimum w3.000 $4,800 Maximum Sts6114 l $ ■ • � Final at Apolication Escrow (1) $ 0 - $150,000 $150,001 - $500,000 $500,001 + $4,000 o (3) 1a ,4,4d d (*vita . 4 i s troc✓ a,s wk,,:c avt tL C vOkI �I) bt t ftvo.w a fit r ar s +. 41; YESIANIO . _:._. .a . e ?t, V boys; ;4 { k \a n EXHIBIT "B" (Developer's Escrow Agreement) SuAr,. v : s i o' preliminary 4 Application Escrow Waiver of Hatt¢ Escrow (1) (Initial Deposit) n1 s N 1 w►k.+% Fd" Ww►w■to‘:4 4.IA r; st anal Tow who .c / m.4.14 qtor (Initial Deposit) Also applies to(2) final planned development. Contract Manaaement Escrow (1) (Initial Deposit) Estimated Constructign Costs (2) Escrow ( "These are escrow deposits with minimums /maximums, they are not intended to be actual charges. « "Costs will be :verified by City staff and adjusted as necessary to be comparable to City Projects, thereby insuring arm's length transaction costs. 1 D 11 Ig95 PvoQo%sQ f— ( e vv. ; �W kC tot ` e ° sot .s 2 a V 4. r.o L e ti. c • , 11 Oa 8% ($1,000 Minimum) 6% ($12,000 Minimum) 5% ($30,000 Minimum) 500 61) 4 S o CIS ; Ave 500 we 41} Q *Is it 1 ki✓c lL Q 41 oT i s lot.. _.r te tfc J,• a si..loa,v; o � ; es7 ;Obi Also applies to preliminary planned development. 0) 4 A s41►d 10 ; i•iosi Kira. D a ✓+ a -iL se H, a_ Af f ‘ C a '; I. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL :N�v�mber 9, 1994 ' A special meeting of the Eagan Citslipouncil was held November 9, 1994 at 5:30 p.m. at the Eagan Municipal Center in the offkkqf . the City AMO Present were Mayor Egan and Councilmembers Masin and Hunter. Absent vieili:p0Oppilvitiffigers Wachter and Awada. Also present were City Administrator Tom Hedges, Director of VanOverbeke, and Administrative Assis- tant/Deputy Clerk Uz Witt. Director of Finance/City Clerk VaiPolffielgr Assistant/Deputy Clerk Witt explained that Minnesota state law requires a munrcrpeJlty 10 canvass the ballots of an election within three days to make the results official. A copy of the resutti:Ksi precinat;:elong with a general analysis of election day registrations, total registered voters, those votiqg persop:Atrid absentee, and the total voting and percentage of voter tumout were reviewed by the City CouncL • Hunter moved, Masin seconded, a motion to reviewifle results of the 1994 municipal election and declare the results of the election as official. Aye: 3 Nay: 0 City Administrator Hedges stated tt:la1:%eff is making an effort to coordinate a field trip to the City of Apple Valley to inspect a townhouse hoiiO44imeptthat Dakota County HRA built in that community. He further stated that the project is very similar to al5f.000 will be presenting to the City of Eagan for official Council action during the next 2-3 moths. • CitY:t6f.mcilmembers expressed a willingness to review the project and in a motion by Hunter, seOnded the motion to hold a workshop within the corporate boundaries of Apple Valley for the 010p*Ot an HRA townhouse project with public officials from both the HRA and City of Appik*ay::::AW: 3 Nay: 0 • The meeting adjourned at 5:50 p.m. Date PECIALCITTCOUNCILVORKSHOP TLH MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL ber 29, 1994 A special meeting of the Eagan CkyOuncil was held goiTuesday, November 29, 1094 at 500 p.m. at the Eagan Municipal Center. Present weriMayor Egan Wachter, Made. Hunter and Masin. Also present were City AdministratitTe****CCommunitY Development Director Peggy Reichert Director of Public Works Tom Colbert, Gene VanOverbeke, Pwics and Recreation Director Ken Vraa, Police Chief Pat Geagan, Fire Chief Dale Nelson and Assistant to the Administrator Jon Hohenstein. Counclmember Masin reported on th eMInneaoIa Y allay.Transit Authority subcommittee meeting she recently aftended. She reported that :1I*: as their new lobbyist and are developing a strategy for the caning legislative CAPITAL IMPROVEMENTS PROGRAM BUDGET (1995-1999) Administrator Hedges gave an overview Ciii**iiiiiovernent Program process. After some discussion, Counclmember Hunter asked that a "future' column be added to the next CIP, and also that a Council policy and philosophy manual be developed so it can be referred to when making decisions. Public Works Director Colbert gave a staff report on the overall Public Works CIP, concentrating on the 1995 projects. He reviewed the Local Street Reconstruction Program, and discussed the Oslund- Timberline project that was delayed in 1994;:::11eput that project in the 1995 CIP. Counclmember Awada questioned doing it in 1995, noting that thngWpe:oky waits to do this Improvement, the more evident k will to be to the surrounding area that these improvements are needed Counclmember Hunter disagreed, stating that the longer the city waits to do this ImOovementliii more it will cost. Counclmember Awada expressed a concern about the city forcing ImprOverOSi:Oni:Oople when they aren't wanted or felt necessary by the area residents Discussion folIied • Public Works Director Colbert then viewed the Arterial and Collector Roadways Program, which includes the signalization of Wescott Road and Ledngton Avenue. He is suggesting that tum lanes be installed, and that will require acquisition of right-of-way, and relocation of a pipeline. He recommended that this project be delayed to 1996 to give him a chance to negotiate for acquisition of right-of-way, and with Williams Pipeline. He noted that the Red Pine Lane-Highway 3 Intersection improvements should be done in 1995. He reviewed the extension of Yankee Doodle Road 11101:Ivor Grove Heights, noting that the indirect source permit for West Publishing requires completior*fore oci*ancy of their building expansion. He noted that Inver Grove Heights has indicated that they:* unabl0;10 fund their portion, and are proposing that West Publishing pay for that portion. West Publigiktg is loOkktg to the City of Eagan to fund ft. He indicated they will need to work with the PCA on delaying the condition on the indirect source permit. Public Works Director Colbert reviewed the Water Trunk Distribution System, noting that the O'Neil property and Wescott Hills Drive projects will be delayed until 1996. He reviewed the Water Department CIP, indicating it is the Intent to purchase land for the expansion of ftwporth treatment plant. Counclmember Masin ex a coTem Rfrig Road project being In this documert. Administrator Hedges noted that the CIP i • • • re alty • • pe nMfloc ..V0 nothing In the document is concrete at this point beyond calendar year 1995. EAGAN SPECIAL CRY COUNCIL MINUTES; NOVEMBER 2sa, 1094 PAGE 2 Counclmember Wachter expressed* ce i:.' :t '35E/Yankee Doodle Road northbound ramp relocation. He proposed completion ::dut1r 1997. Pubilix:l prks Director Colbert reviewed the five year plan for the development of the downiiyiivn concept and stated that the northbound ramp will require two years of coordination with state agencies :: Fire Chef Nelson gave an overview o(t s:Rka:A9pa iflM CIP. Counclmember Masin questioned the appropriateness of locating a training facility: i deli: ::t irei hman. Counclmember Awada requested Justifkadon for building a training center when they can share one with Burnsville. Fire Chief Nelson indicated that because the faclity is so busy, they are only able to schedule two training sessions per year for their firefighters, and that is inadequate. If a training facility is built, he is looking at leasing it to the cities of Inver drove Heights and Mendota Heights to help support the facility. He reviewed the plans for the oonstru tloii'd tieiiv'Firei:$tption 3, and finalization of the OptiCom traffic signalization system. Some discussion followed:: There was some discussion concerning t e balance: ;:the Community Investment Fund, and • equipment certificates. Councilmember Awada ant tha 'the Park Department Is over budget relative to Part 11 and suggested a revision. . SELECTION OF FURNITURE FABRIC /COLORS FOR NEW CITY COUNCIL CHAMBERS & PUBLIC SPACE Assistant to the Administrator Hoherstein reviewed the results of the fumiture committee regarding style, colors and fabric to be used for chairs: :in;;dh::CKy Council Chambers, main lobby, inner lobbies and conference rooms. After some discussion, Masin fr d< : : Awada seconded a motion to authorize the expenditure of 5750 to recover the existing City Cou n cil chaitiiiiith the fabric recommended by the furniture committee. Aye: 5 Nay: 0 REVIEW FINAL PLANS: tom CIVIC ARENA PROJECT After a brief introduction by Parks and Recreation Director Vraa, Paul DaNberg, architect for the project, reviewed the design revisions, cost estimate, bid packages and bid alternates. He noted the project is divided into four bid packages: 1) Building and general constriction; 2) dasher boards; 3) ice floor and refrigeration system; and 4) wading pool. He noted that the bid alternates will provide more flexibility with the project. He reviewed the bid schedule. ::::::::::::::::: ::: ::::: :::: :: :::::::: :.: He reviewed the modifications to the floor plan.And ratse¢.several code issues associated with the use of the upper level. He noted that if conference row's or anntjipe of enclosure are built on the upper level, two one -hour rating doors need to be provided. I :pxplained:ieveral ways of accomplishing that, and how awl affect the lobby space. It was also stated tiliMr. Dahlberg that the wading pool will be bid as a design/build. He further stated that the overall project eetitaates are within the project budget. Counclmember Awada thanked the architect for bringing the project back on budget. Mayor Egan concurred. Discussion followed concerning the bids. OTHER BUSINESS Holz Farm Negotiations. Parks and Recreation Director Vista explained the status of negotiations with the owner of the Holz Farm and indicatet# pa: i't$I hii'�i!iler will negotiate any further. He noted that the negotiated price is dependent upon :a: ibet :*: io q date. Counclmember Awada asked where the money for this will come from. Parks and Recreation Director Vraa indicated it could come from the Park Site Fund, the Community Investment Fund or the proceeds from the 1974 bonds. EAGAN SPECIAL CITY COUNCIL MINUTES; NOVEMBER 29, 1994 PAGE 3 The meeting adjoumed at 10:45 p.m. ••••:•.•.... DLP The City of Eagan is committed to the policy that all persons have equal access to Its programs, SeP/iCeS, activities, facilities and employment without regard to race, color, creed, religion, national orlgin, sex, disability, age, marital status or status with: k:POStance. MINUTES OF:ick:OEVOW:TAIWAP OF THE EA AN CIT1f COUNCIL;:::: : began, Minnesota Oivember 15, 1994.:.:•:: A regular meeting of the Eagan City Co ll. sii*piip Tuesday, November 15, 1994 at 6:30 p.m. at the Eagan Municipal Center. Present were MaYiii Wachter, Masin and Hunter. Absent was Councilmember Awada. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. MINU Masin moved, Hunter seconded a motion to aidi3pt the enda as presented. Aye: 4 Nay 0 tS 11QVlwN(E# 4, 94! Ri.AR M WET1NG , Hunter moved, Wachter seconded lon tti` 3t tte the minutes of the November 1, 1994 Regular Meeting as presented. Aye: 4 Nay: N OVEMBER 1,. 1 994 SPECIAL MEETING Councilmember Hunter requested that language be added on page 2, paragraph 6 to read, `Hunter commented that perhaps the city should :t386. : some of the franchise fees for Municipal Center Local Area Networking and gaining a direct Internet oci iti ipn... Seeing agreement from the Council, he challenged Mike Reardon to make this a reality by next Apnf't Wairtiter:.moved, Hunter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 VfSiTQ#'f$ TO iEl31E John Mazurek congratulated Courioilinembers Wachter and Awada on their reelection to the Council. He noted he ran a low profile campaign partially due to the fact that he opposes plastic yard signs. He feels the City should require that campaign signs be required to be biodegradable. He asked the Council members to review their stands on the issues, particularly business issues and expressed a concem about the increase in property taxes. Councilmember Wachter noted that a lot of the increase was due to fiscal disparities. Administrator Hedges added t at s e.ittgaa►ses:Will.be better explained at the Truth in Taxation hearings. Husein Ansari brought to the attention of Tha Counc f :h situation with his business wherein he requested some leniency to some of the conditio .of his GCiiiditional use permit relating to the trash enclosure and landscaping on this property, and a :request fib: 9 car wash on his property. He was not happy whh the way he was treated by staff. He feels neighboriiig businesses are not being required to do the same things he is being required to do. If the City isn't willing to cooperate with him, he will be forced to move his business elsewhere. Community Development Director Reichert indicated she spoke with Mr. Ansarl and she thought they had an agreement as to how this would proceed. Administrator Hedges suggested this be referred back to staff and a memo can be : brought back to the Council explaining this issue. After considerable discussion concerning this property, i.achter moved, Hunter seconded a motion to authorize staff to work with Mr. Ansari and that a schedule rntist be in place by February 1 as to how he will come into compliance with the co&id*Iatf i s ' fiq'Qnai use permit. After more discussion, Councllmember Wachter withdrew his meitidrl ark# steel: fs be brought back at the next meeting. EA(3NJ CITY COUNCIL MINUTES; NOVEMBER 15, tom:: • • , , •• • PAGE2 DEPAi t HEAD yg*$S Jtem 1 Authorize Water Shut -off. Meter C f • t b g ram. Public Works Director Colbert noted that staff has made another attempt to gain entry''tb1he' 11 remaining homes to implement the meter changeover program. He noted they were able to enter five of the homes, but there are six homes remaining they need to gain entry to. He is requesting the Council to authorize water shut -off to these homes If they don't make arrangements for entry. Wachter moved, Hunter seconded a motion to authorize the water shut -off of the remaining six homft : e.metec: hangs -over program. Aye: 4 Nay: 0 Councilmember Wachter asked a question at> dxt the pab309 of water towers, and raised a concem about the sign ordinance relating to election signs. He feels the'titin ordinance needs to be enforced and would like to see a limit on the number of signs also # to cand es. He suggested looking at what other communities are doing. Police Chief Geaga :stated:siriaXpere.are several different places that are applicable to campaign signs and it causes some confiOeiii: Hunter seconded a motion to direct staff to review the sign ordinance relating to campaign signs and 'bring it back to the Council. Councilmember Masin asked whether cities can ban campaign signs. City Attorney Sheldon stated it is very difficult to do. Aye: 4 Nay: 0 GONSENTAGENDA In regard to Item C, Findings cit:V * f f:::dQrpal of Vantaae Pointe Preliminary Subdlvlslon, Councilmember Hunter expressed a concern about'':v004 . this with the absence of Councilmember Awada. He indicated that although he voted a4ainst the'OriginaF motion, because he feels this is just a recitation of previous Council action, he feels it ts;appr.opri e;t viote in favor of the motion. City Attorney Sheldon noted that the applicant's attorney. wr e: a lettet•:stating he feels this action would be in violation of the Writ of Mandamus. Mr. Sheldon state0:1e'disagrees with this opinion, indicating this action is being taken to preserve the city's rights on an appeal. In regard to Item D, Resolution. Grant Application to PCA for Fish Lake, Councilmember Masin questioned why the city is draining storm water into Fish Lake and then paying to clean it up. Rich Brasch, Water Resource Coordinator, explained that a lot of the storm sewer infrastructure was in place before water quality was an issue. Also, the storm watery s tiu ally 0100 r i the water in the lake and acts as dilution. The grant will cover further dilution of the 65tifariimatad riiati t.: Wachter expressed a concem about getting cooperation from the people who are contributing to ttlis conta He feels the city needs to be more emphatic about letting people know they don't needle use ex& fertilizer on their lawns. In regard to Item E, Change Order #4. Contracf 93 -16. logington /Diffley Athletic Site, Councilmem- ber Wachter stated he feels this should have been in the original contract. in regard to Item G, Prepare Plans and Specifications. Contract 94 -19. Water Quality Improvement .Projects, Councilmember Wachter had a question about the cash dedication. In regard to Item I, Massage Therapist Licenses, Coi,ir cilmember Hunter stated he feels these licenses should be approved under the exiatiSg . orili poe,.,aand..Ihat staff should take the input and review the ordinance for changes if they deem it ifopTl to : In regard to Item 0, Chance Orders. Police Facilitv /WInicipal Center Expansion, Councilmember Wachter had questions relating to Insulation and the handicapped accessible jail cell. A. personnel Items EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, 1:;: PAGE 3 Item 1. It was recommended to approve the,. hirng of the : : %Son to be recommended as a Clerical Technician III in the Parks & Recreation Depet tiA t,. Item 2. It was recommended to approve the hiring of Rabert Rys as a Temporary Administrative Intern. Item 3. It was recommended to approve the hiring of Matt Glaesman as a temporary Planning Intern. Item 4. It was recommended to approve tt l t rg::vt : t a Joseph Lawrence and Jeff Zimmerman as part-time cable telecasters. .... Item 5. It was recommended to accept the resignatiopof Nancy lammel, part -time Clerical Technician III In the Parks & Recreation Department. :::; Item 6. It was recommended to accept thiiliskirtatiori •ctiCAtrrmunity Service Officer Khamtanh Siouthai. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Gilbertson Plumbing & Heating, The Plumbing Place, Inc. and Valley -Rich Company, Inc. as presented. C. Findings of Fact for denial of Vantage P>?inte Preliminary Subdivision. It was recommended to approve the findings of fact. D. Resolution. Grant Application to PCA for Fisji) alt2: : : :H Was recommended to approve the resolution. E. Change Order #4. Contract 93 - 16. Lexington.fbifflgy. eti ':B ite. It was recommended to approve the change order in the amount of $1,495. F. Final Payment. Contract 93 -03. Pond4P -4 Modifications. It was recommended to authorize final payment and accept water improvement work for Pond BP-4. G. Prepare Plans and Specifications. Contract 94 -19. Water Quality Improvement Projects (Ponds JP -14 and JP -5). It was recommended to authorize of ,plans and specifications for Contract 94 -19. H. Uauor License Renewals. On -Sale Liaiia'r :'Off=Saie`fii'i iiiii?'{siq -Sale Club. Wine. On -Sale Beer Off-Sale agar. It was recommended to approve the liquor Iicirse reneys as shown in Exhibit A. 1. Massage Therapist Licenses. Peter Dietzler. Jej jinn (Gidr'i *Hicks- Decker. It was recommended to approve the massage therapist licenses as presented: J. Off -Sale Beer Licenses. Twin City Stores. Inc. for Three Fine locations. It was recommended to approve the off -sale beer licenses for Twin City Stores, Inc. for Fins stores located at 3150 Dodd Road, 4250 Lexington Avenue South and 1286 Lone Oak Road. K. Contract 94-07. Acknowledae Completion /Authorize Final p!a lment (Police Buildina Excavation). It was recommended to acknowledge completioc ►ap0 yment of Contract 94 -07 and authorize the second and final payment to Imperial Dev &l.th?i.*t nt W Ct $10,769.79 and accept said improvements subject to appropriate warranty conditions. L Project 638R. Approve No Parkina Resolution. Yankee Dglia Road - Lexington Avenge to East of TH IA It was recommended to approve the resolution and authorize the Mayor and City Clerk to execute the resolution. EAGAN CRY COUNCIL MINUTES; NOVEMBER 15, 1 PAGE 4 M. Aoproval of Deloitte & Touche Engagen : I.etter for Audi i* Arbitraae Rebate Services for the year Ending December 31. 1994. It was recommeit't3sid;t4appro)te _> tpitte & Touche as the independent auditors and providers of arbitrage rebate calculation seis4i5fiit;':ear ended December 31, 1994 per the terms • of the engagement letter. N. Soeciai Use Permit to sell Christmas trees. Eagan Evangelical Covenant Church. It was recommended to approve the special use permit, subject to the following condition: 1. The permit is temporary and fir i :e 3st ji'. #;' t 995. 2. All signage will require a sign permit at a subjiiMo the one -time sign fee of $2.50 /sq. ft. 3. The permit shall be subject to all applii:able Cod'iequirements. O. Approval. Grant Aoplication for GIS Prong, I• ..:#f *Si econxmei'•ided to approve participation in the grant application for development of a GIS /Ecoiit'sii :Devela *i 4iiiformation System and authorize the City Administrator to execute appropriate application documents. P. Amendment to Minutes of October 4, 1994 City Council meeting. It was recommended to approve an amendment to the minutes of the October 4, 1994 City Council meeting to read, "Hunter moved, Wachter seconded, a motion to approve change ordars covering Bergh's Fabricating - pco #2, McGuire Mechanical - pco #1, and Peterson Electric - pco #3 to' :P Lice Facility /Municipal Center Expansion in the amount of $7,928.' O. Change Orders. Police Facility /Municipal Cgriter Exoaiisipn.. : 1t was recommended to approve change orders covering AWR Inc. for pco #30, Harmon :conirac1:10.:it?cO• #28, McGuire Mechanical for pco #27, Bergh's Fabricating for pco #25 and Northlat?d::j✓oniorese: or' pco #1 and pco #9, totalling $5,552. R. Contract 94 -18. Receive Bids /Award'Contract (1995 Sealcoat Aggregate). It was recommended to receive the bids for Contract 94 -18, award the contract to Meridian Aggregates Company in the amount of $36,000 and authorize the Mayor and City Clerk to execute all related documents. S. Special Huntina Permit. Timothy R. Michels, It was recommended to approve the special bow hunting permit. • T. Special Hunting Permits. Craeg A. Nolan. It wati;: ecommerlded to approve the special bow hunting permits. U. Special Hunting Permit. Maureen K. Steitz. It wiis'recomr to approve the special bow hunting permit. V. Receive Assessment Roll /Order Public Hearing. Delinauent Weed Cuttina and Miscellaneous Bills. It was recommended to receive the assessment roll and order the public hearing for assessment of delinquent weed cutting and miscellaneous bills for December 7, 1994. W. project 673. Approve Right -of -Entry Apree{nep m one - Finch Property). It was recommended to approve the right -of -entry and tempora ii"tOt aeAS$ft1ent for Project 673 with Gene and Debbie Finch and authorize the Mayor and City Clerk'tiS ezeCUte WrelJated documents. Wachter moved, Hunter seconded a motion to apprOi0:ithe consent agenda. Aye: 4 Nay: 0 EAGAN CRY COUNCIL MINUTES; NOVEMBER 15, PAGE 5 ji?;�kpJ.IC HEARING FINAL ASSESSMENT HEA#i#iQ /W OI)4.ANDS N 3RD ADDITION Mayor Egan introduced this item as Project 648, Final Assessment Hearing, Woodlands N. 3rd Addition Streets and Utilities. After a brief introduction, Public Works Director Colbert gave a brief overview of the project and noted that there was considerable discussion regarding the allocation of assessments at the Council meeting. He explained the rev iset Wit Qij.and noted he received letters of objection from the developers of the Trails End Addi ii 4i60: N :f$Qrth 3rd Addition, and the Hovelands. Mayor Egan then opened the hearing to put6Tietestimcdrty Howard Kyllo, representing Roberi:.Enc i tkbi:..Co .. ... es, expressed his opposition to this assessment. He pointed out that forgivenr ; pi:ari`ass ::doesn't increase the benefit to others. Trig Hoveland, 3485 Trails End Road, expressed his opposition to the assessment, indicating he doesn't understand why his assessment is so high. Public Works Director Colbert explained how his assessment amount was reached. Considerable discussion followed concerning how assessments are arrived at and how the project is being done. Tom Murray, representing Springbri*.... rppration, expressed his opposition to the assessments, concurring with the opinion that forgiveness of ari t .doesn't increase others' benefit. Mayor Egan then closed the hearing to public cprprne#ati: :: Hunter stated he doesn't think there would have been objection if the assessite ts: :hadn't been revised. He suggested that half of the reallocation be picked up by the Tij.j*ii :: ::P rtd : and the other half be assessed as proposed. Counclmember Wachter and Mayor Egars:atted they feel that is a fair compromise. Wachter suggested that the two unplatted parcels be required to pay these assessments when they develop. Mayor Egan disagreed with that, indicating It would place an undue burden on staff.to keep track of it. After considerable discussion concerning how the area developed, Hunter moved, Wachter seconded a motion to close the public hearing for Project 648 and modify the assessment roll by spreading half of the reassessed amount to the surrounding property owners as prOW.C4 Sly.:p�i-.apr. ,2ti : the other half to be paid for by the Trunk Fund, and that the assessment to the We1ter: until the property is sold or subdivided, subject to the property owners entering into an agreement to do.so within 30 days. Aye: 3 Nay: 1 (Egan opposed.) COLD BIINESS CONSIDER ACQUISITION OF HOLZ FARM Mayor Egan introduced this item as consideration of acquisition of Holz Farm. Administrator Hedges explained the background of historic farm preservatiort.es part of the park system. He noted that although the Council has considered the Holz farm before, ttii:Arcumstances surrounding this farm have changed, so it was felt the Council might. n9vy „want to coriaider it. Staff has done some preliminary negotiations to find out cost and avaiiabili :t :ar bf : -PW I w d Recreation Director Vraa indicated that this was discussed by the Advisory Parks, 'Re F &Mibill iAiiiura0i sources Commission at their meeting last night, and some of the potential uses for this site were discussed. He showed a portion of a video that featured this farm. Pam Scharfbillig, an Eagan resident, expressed her support for the preservation of this farm. Dave Johnson indicated he purchas f: : the property wi*: hhe idea of developing it He has some builders that are interested in having him deviit : hpweve *te''would consider selling it to the city if he was able to make some profit on It He underst ;lts:tK* t'i make as much as if he developed it, but he understands why the city is interesting in preserving It: Councilmember Wachter stated he feels it Is important for the youth of the city to see a functioning farm. He supports the preservation of this farm. Councilmember Masin asked whether this could be designated as historically significant. Park g:e .:i taa$30n :pir..toor Vraa indicated they can pursue that Mayor Egan stated he feels the price is ii'tiftitid c# ;Il s ::1ftfiJohnson will be flexible on the price. Councilmember Hunter concurred that the figure is l (#lifted; ho00er, he feels the developer is entitled to a fair retum on his investment. After some discussion,. Wachter mijved, Masin seconded a motion to direct staff to continue negotiations for the acquisition of iItis propert> ; : ► ye: 4 Nay: 0 REZONING /PRELIMINARY SUBDIVISION SIGNATURE PROPERTIES, INC. /LENTSCHS DEERWOOD POINT Mayor Egan introduced this item.. as the rezoning and preliminary subdivision for Signature Properties, Inc. /Lentschs Deerwood brief introduction, Community Development Director Reichert gave a staff report on this project. the Planning Commission were how wide the driveway should be and how far from the intersegtiorn'tltie :dsijieimay should be placed. A question also arose about the tree preservation program as it pertaids to vacant land. Don Lentsch, the applicant, noted th.10:3 ttC*0tl:ffie of the driveway to 18 feet and they feel that Is adequate. He feels It is a good prds&f:iifid' urged Council approval. Bob Weigart, of Paramount Engineering, stated he feels the driveway will provide adequate site distance. If the driveway is moved farther to the north, a retaining wall may be needed. Public Works Director Colbert noted that site distance isn't the issue he is concemed with. The main problem is providing adequate room to complete the tum out of the development and end up perpendicular to the curb at the stop sign. The possibilities of placing the driveway on the north side of the lot, , end running ponaliy across the lot were discussed at length. Whether a fire truck would be able to accocn e:ihls:4BQ Ioprnent was also discussed. Mike Petrulo, 3950 Clippers Road, expressi;tici the cocerns of the residents of Clippers Road regarding safety, incompatibility, and tree preservatiOk Considerable discussion followed conceming the style of the homes that may be built there and altbi;tYative locations for the driveway. Mr. Petrulo also expressed a concem about the developer cutting down a , iiftiber of trees prior to applying for their development. He feels the tree preservation policy needs to be changed to keep that from happening. Community Development Director Reichert explained the tree preservation plan for this development. A landscape buffer was discussed to screen the homes from Clippers Road. Donna Corlier, of Appaloosa Trail, indicated she is opppsed to the driveway being located on the north side of the property for safety reasons. Nick Boosales, 3955 Clippers Roa$ifisetat # ptgfit.a different lot layout of the property. He doesn't like the lot orientation of the westernrnost lot. lie woufdiiike to see some screening on the west side of the property. The type of homes that could be built in this 1041opment, different driveway locations and several lot layouts were discussed. EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, PAGE 7 Bob Weigart urged Council approvaliNicating they y 44 be willing to move some of the trees to the west side to create a buffer to Clippers 1 140,:::P9P. : 600* . added that he has met the intent of what the Planning Commission set forth, and they . 4410*Y.00i:tfrriie developing this proposal. He would be willing to provide the buffer, and indicated he feels Weld of the driveway is the best one. He urged Council approval. Councilmember Wachter indicated a concern about clearing the entire western side of the lot. Mr. Lentsch stated they want to maintain as much of that as they can. Councilmember Hunter stated he feels it is important for Planning Commission members to go out and view the property. He also noted therA:0*?*05;iik*:#1f!tiFee preservation policy, and it should be addressed by the Parks, Recreation & NatCsitt:Ritio0f.*CiiiiigSion to see if there is a way to close that loophole. He feels the driveway should be 20 feet viii0e and th0f . should be 40 feet from the right line. He also favors a buffer along the westem side..of the prokf Mayor Egan stated he supports the:49Wie*Ic driveway, but questioned whether it is adequate for emergency vehicles. PublidiWbike indicated it is difficult to know without seeing a revised plan. Mayor Egan stated he doesn't feel it is appropriate for adjacent property owners to suggest alternate plans for the property. He needs to evaluate whether the plans that were submitted are reasonable. Wachter reiterated his concern about fire trucks being able to make that turn. Hunter moved, Wachter seconded..a motion to approve the rezoning of 1.72 acres from Agricultural to R-1 Single Family located north of Dee* and west of Pilot Knob Road. Aye: 4 Nay: 0 Hunter moved, Egan seconded a motion id subdivision consisting of 3 lots on 1.72 acres for PID #10-02100-030-03, subje:Oto the 0100g 1. Standard conditions of plat .apprOciAl;: B2, B4, C1, C2, D1, El, Fl, G1 , and H1, as adopted by Council action bbniary 2, 1993. 2. A variance of 37' to the minimum lot width at the building setback line for Lot 2. 3. Direct access to Deerwood Drive is prohibited. 4. Access to the three lots stl 1e prz1deL yi a Q wide private driveway that connects to Clippers Road and shall right-of-way line on Deerwood Drive to the south curb line. .....•.• 5. The developer shall provide a privateii4ress/e*ps easement over the private drive This easement shall include the City as a third party tificiary and be submitted for review by the City Attorney's office and recorded with the subdivision. 6. The developer shall provide private easements over private sewer and cross lot lines. 7. The developer shall locate and abandon all siOic systems and wells Dakota County and City 8. A cash park, trail, and water: 'Cia **** 9. The developer shall submit a revised Tree PreKtation Plan for Council plat approval. The plan shall include screening along Clippers Road replacement plan. water services that in accordance with review prior to final as part of the tree FINAL PLANNED DEVELOPMENT /PRELIMINARY SUBDIVISION/ CONDITIONAL USE PERMIT/VARIANCE TOWN CENTRE 100 FIFTEENTH ADDITION /RED ROBIN INTERNATIONAL Mayor Egan introduced this ftem § the:*F# itiiP :'bevelopment, Preliminary Subdivision, Conditional Use Permit and Variance for Red Robfih::#estaura :::: After a brief introduction, Community Development Director Reichert gave a staff report o ?.the propq ai. Bruce Miller, of Federal Land ComP*S4:0***Igrii.Wntatives of Red Robin apologized for not being able to have representatives at the and . 61ifO riiictures of some of their other restaurants and a menu. He gave some history of the company and noted they object to the boardwalk requirement due to the cost. Discussion followed concerning the costs associated with the boardwalk and who will pay for ft. Councilmember Wachter indicated•.a. concern about the excavation as it relates to the location of the black willow trees on the site and the s :on the pond. He would like to see the cattails preserved. Bruce Miller stated he will discuss that Public Works Director Colbert noted thatt3garding the ppardwalk, he needs to review its relationship to the pond elevation. Bituminous can withstOtd..inur40000tter than a wood structure. Community Development Director Reichert noted that park:aiid::ilecreation staff suggested the boardwalk be placed on floats supported by stakes to allow for chatigea : 'pond elevation. • Hunter moved, Wachter seconded a motion to approve the preliminary subdivision consisting of 2.3 acres with one lot for a restaurant and a variance to the parking stall width of 9 feet, located in the northeast quarter of Section 15, subject to the following conditions: 1. The Developer shall comply :viii €h ?dacd: c ; it its of plat approval Al, B1 B2, B3, B4, C1, C2, C4, E1, F1, G1 and H1 as ad'opted y'i✓iiiificlt'action on February 3, 1993. 2. Dedication of the additional 15 feet of lil ht- of -wa. br Yankee Doodle Road for a total of 75' half right-of-way. 3. Restricted access on County Road #28 - Yankee Doodle Road. Wachter moved, Hunter seconded a motion to approve the final planned development for Red Robin Restaurant, subject to the following conditions: 1. A 8,116 square foot Red Robin Restaurant is api i ved to be developed on Lot 1, Block 1, Town Centre 100 Fifteenth 2. The Final Planned Development Agreement for'this lot shall be executed prior to final plat approval. The following exhibits necessary for ttiffItgreement shall be provided as part of the final plat of this property: final site plan; final bpiittling elevation plan; final signage plan and final landscape plan. 5. Revision of the plans to show the 6' sidewalk location along Yankee Place. 6. Revision of the site plan to skit ii f { it o4S d the pond to be a minimum of 8'. 7. Revision of the site plan to show thfiiiiorth /sor :::.trail on the east property line to be a minimum of 8'. 8. Revision of the site plan to sli0:040 :1'tai14 rl:?Df:th16i :existing trees along the common property line between this developmei=if'a f Blue Ctos /i3fue Shield. 9. The revised site plan shall indicate a connection between the building sidewalk and the pond footpath. 10. A trail connection shall be made.along Yankee Place and around the north edge of Pond DP- 2020. • 11. Provide a revised landscape plan.Ahow : tiixfure of tree species. 12. Place the entire berm within the ?:' :•irea along the north property line abutting Yankee Doodle Road. 13. Replace the proposed grass type shown between the trail and Pond DP -20 with a wetland species. 14. All landscaped areas shall be served by an underground irrigation system. 15. Provide 28 Category "C" we3Iaild :: :spROg titre k: along the north edge of Pond DP -20 as mitigation for the 100% removal of the.sigriificant:woodland resource located there. 16. A Pond Excavation Plan for Pond DP -20:0 be:0u0mitted and approved by the City's Water Quality Resources Manager indicating* inimurkgi850 cubic yards of material be excavated and removed from the pond. 17. Obtain necessary permit from the Dakota County Highway Department to allow the open cutting of Yankee Doodle Road for watermain connection. 18. The parking /drive aisles shall be maintained. 19. The clusters of black wiliol",; ;t 9grAlwporut:s;eelge should be preserved. The loss of the remaining woodland should ::b$::tmt ad: wrlXh p intings on the site as per the City's Tree Preservation Policy and staff direction. The wgtiand edge shall receive top priority for replacement plantings. 20. All necessary erosion control measures are required to keep sediment from entering the pond during grading and construction. A floating silt curtain must be installed in the pond where Aye: 4 Nay: 0 Masin moved, Hunter seconded use permit to allow liquor, 3.2 beer or wine, subject to the following conditions: 1. The Conditional Use Permit shall ba roved f<' ij a sale of liquor, 3.2 beer and wine for Town Centre 100 Fifteenth A> 3tfAt : : : :. 2. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. Aye: 4 Nay: 0 E bf,NAL ITEMS CONSIDER AUTHORIZATION TO PREPARE FEAS#oqU #tY REPORT /WEST LONE OAK ROAD Mayor Egan introduced this item as Prq046 ?9;:a0fiai't2ation to prepare feasibility report for West Lone Oak Road. Public Works Director Cgli*t: p tid:•his was requested by Dakota County to evaluate corrective measures to alleviate drainage:; iiCeh for residents at 1555 Lone Oak Road. He reviewed corrective action taken to date and the options available for alleviating this problem. He noted that Dakota County could only contribute $500 - $1,000 of this cost. Of any corrective work, their participation would be limited to $2,000 - $3,000. Councilmember Awada has met with the property owner and conveyed to him that she supports the preparation of the feasibility report, but would like to see greater County participation. Councilmember Masin noted shed f:4 ltx$ :j rrapiart i nd it is a real problem. He is spending considerable money to correct the current condition, .Slie'a's1ie f Whether Lone Oak Road will be improved in the future to correct this problem. Public Works#irector CAfbert indicated the City and County don't project traffic volumes to get to a level that would rec$ it to b ;upgraded beyond its current design. After considerable discussion regarding the drainage pi rns and:'ii ho should pay to correct this problem, Wachter moved, Masin seconded a motion to continue this to:Atli2 next meeting. Aye: 4 Nay: 0 CONSIDER REQUEST TO FINANCE TEMPORARY STORM SEWER, RED PINE LANE Mayor Egan introduced this item as Project 673, consideration of a request to finance temporary storm sewer for Red Pine Lane, Pines Edge Addition. Public Wgics Director Colbert explained the location and background of this request. He noted that due to MnDOti:linancing program, the altemate that was designed cannot be built until July or Aug >i> t;pt:: ?89b: FPV.0 :opl a positive outlet for drainage at this time, and the school is under construction, and cis:i$:'$:EdgiifiA0i0tji#ias now been approved. Because of that they included a design for a temporary storm sewer outlet as a part of the contract that was awarded about three weeks ago. It will cost approximately $40,000 for this :t*r porary storm sewer system. Shamrock Development wants to proceed with development and staff has.cbncerns about flooding of the new homes without a storm sewer outlet. Therefore, they put a hold on building permits at this location. Completion of the school will cause added drainage. An alternative would be to acquire additional ponding easements EAGAN CITY COUNCIL MINUTES; NOVEMBER 15, PAGE 11 and Install the outlet. There are other temp tart' ,..alternatives;;ai2iilable, but it would not be money spent towards a permanent solution. He feels the bLtitt ti ticxt:++ittf igi:be to pursue rights of entry and go back to one of the original concepts for a permanent 'd '�siii'::liish discussion followed conceming the ahematives and costs involved. Rick Packer, the developer of Pines Edge Addition, stated he prefers the temporary storm sewer. Since both solutions will cost the same, he would rather not have to deal with property owners who aren't cooperative. Councilmember Hunter stated he feels the permanent solution makes more sense. Mayor Egan concurred. Councilmember Masin stated she is not comfortable with the proposal for a temporary solution. After 1:**..'4iir.308:Wogrywning the costs, Hunter moved, Masin seconded a motion to continue this to the tiesifitieet '='•l4yie. * 0 ::: ; 11'1't1fE f f NTERGQ3fE AEN ?Ai + AEFAfAS> uppgE Councilmember Hunter gave a brielf :t'spd ape :iiirif:te. :D ktitii County League of Govemments. • ADMINISTRATIVE AGENDA Mayor Egan announced that there will be an Executive Session following this meeting. Municipal Center Furnishings. Administrator Hedges showed examples of the - types of furniture proposed for the Council Chambers, confeite:0 :tooms and lobby areas. He noted there is an opportunity at this time to obtain a lot of furniture that is aiii0 jtitin , at a large discount. Hunter moved, Masin seconded a motion to authorize the purchase of Couricilt ii er, Conference Room and lobby fumishings as outlined in the amount of $15,150 plus tax. f3t#(iti; 'ABLE Public Works Director Colbert reminded the Council that there will be an informational open house regarding the Yankee Doodle Road extension on November 21. Mayor Egan expressed his disappointment in teaming that the Public Works Director was not notified of this meeting. Administrator Hedges noted that :. : its : .•rg.d : . : t4 : . : commission appointments, there are several commission members who have served ; evei:i: y ears thiig :. er s expire in January, and the maximum number of years members can serve is nine years.. ... ...Since - ilie'terms are for three years, he requested Council direction as to whether they should be alio* to serve:two years of a three year term and make an Interim appointment when it expires, or whether tf* shoukfiiit be allowed to apply for reappointment. Councilmember Masin stated she would like to give tt the opti* to serve nine years. Other Council member concurred. Administrator Hedges expressed a concern about citizens speaking during Visitors to be Heard when they raise Issues about city staff, noting there isn't time to respond and they don't want to engage in an debate. He suggested the Council think about how they wp ld like to handle these types of situations. Councilmember Wachter suggested the Council refer these matters back to staff. Mayor Egan noted that the Natip,l•;3:jgg :.0 :.Mill be charging Minnesota participants a surcharge of $35 to cover items that migttit iii): r. : jr vsiipors during the conference to comply with the ethics bill. He is glad to see that there are some reasonablla.approaches being developed to deal with this bill. Councilmember Hunter stated he thinks the cable coverage of the election was good. p.m. ADJOURNMENT There being no further business toi:a0iiiiiiKiggitriefigi0 :i0Kijourned to Executive Session at 11:18 • : • : • : • : • • : • • • : • : : : • • : • : : : : : : :::•• Date City Clerk DLP ff you need these minutes in an alternative:0:m such as large print, braille, audio tape, etc., please contact the Chy of Eagan, 3830 Pilot Knob Road, 6814600, (TDD phone: (612)454-8535). The City of Eagan is committed to the policy thai jiekkitipieve equal access to Its programs, setvices, activities, facilities and employment without roOrd to rackcoffir, creed, religion, national origin, sex, disability, age, marital status or status with regagl to pub assi stance . :::::::::•!.* • : : • : • : : : : : : • : • : • : : • : : : : : : • : • : • : • . • : • : • : : : :