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11/16/2004 - City Council RegularAGENDA EAGAN CITY COUNCIL — REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 16, 2004 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES 1/14/11 . PERSONNEL ITEMS /// C. CHECK REGISTERS P/ D. APPROVE Renewals of Existing Liquor Licenses for 2005 16E. ACKNOWLEDGE Completion and Authorize City Maintenance for Project 01-S (Finch Place) /7 F. RECEIVE Feasibility Report and Schedule Public Hearing for Project 915 (Ridgecliff, Park Ridge, Berkshire Ponds, Covington Lane, Galaxie Avenue Street Resurfacing) n /8 G. REVISE Final Payment — Contract No. 02-15B (Community Center — Site Improvements) P19 H. RECEIVE Feasibility Report and Schedule Public Hearing for Project 878 (Cinnamon Ridge - Street Resurfacing) OI. APPROVE Change Order No. 2 for Contract No. 04-07 (Lexington Ridge Court) �al J. APPROVE Extension for Development Contract Completion Date (Diffley Plaza) ?3K. APPROVE Woodland Preserve Development in Inver Grove Heights under the Joint Powers Agreement L. APPROVE D.A.R.E. and Police Liaison Services Agreement between the City and ISD 196 M. APPROVE Change Order #8, Contract 03-09 (North Water Treatment Plant - Expansion) 3.5N. APPROVE Plans and Specs/Authorize Ad for bids, Contract 04-13 (North Water Treatment Plant — Furniture, Fixtures & Equipment) V. PUBLIC HEARINGS /03,6A. Wellhead Protection Plan ,3f? B. Project 913, Walden Heights / Twin View Manor / Hillcrest Additions (Street Improvements) 66 C. Project 916, St. Francis Woods 15` — 3`d / 5th Additions (Street Improvements) VI. OLD BUSINESS Pg?A. PRELIMINARY SUBDIVISION (Sycamore Place) Epic Development — Wetland Replacement Plan and Preliminary Subdivision (Sycamore Place) of approximately 6 acres to create 9 single family lots, located on the Eagan/Inver Grove Heights Border at the north end of Sycamore Drive n the SE 'A of Section 36. VII. NEW BUSINESS O"' Preliminary Planned Development / Preliminary Subdivision — Pearimont Heights, LLC — A Preliminary Planned Development to create 48 townhome units and a Preliminary Subdivision of approximately 12.44 acres to create 24 lots for 48 twinhomes on property located at 1565 & 35 Violet Lane in the NE Vi of Section 16. Preliminary Planned Development / Preliminary Subdivision (Homestead Village) / Rezoning — Manley Land Development — A Preliminary Planned Development for a small lot single family development with private streets; a Preliminary Subdivision of 7.30 acres to create 19 lots and one outlot; and a Rezoning of approximately 7.30 acres from A, Agriculture and R-1, Single Family to PD, Planned Development on property located at 500 Gun Club Road in the SE '/ of Section 36. pI8VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE p if . B Approve correspondence to the Metropolitan Airports Commission (MAC) with comments on the preliminary 2005- 2011 Capital Improvement Program. Noise Oversight Committee Update X. ADMINISTRATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY * The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING for the Consideration of the Sale of the Lachenmeyer Property in the Nicols Ridge Development Area in the Cedar Grove Redevelopment District to US Home for Redevelopment Purposes. F. OTHER BUSINESS 1. Redevelopment District Update G. ADJOURNMENT XII. OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 12, 2004 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 16, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 16, 2004 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 16, 2004 Eagan City Council Meeting CONSENT: AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 4, 2004 Listening Session and the November 4, 2004 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 4, 2004 Listening Session are enclosed on page • Minutes of the November 4, 2004 regular City Council meeting are enclosed on pages t/ through 7 . 3 A Listening Session was held prior to the regular City Council meeting on November 4, 2004 at 6:00 p.m. in the Lunch Room of the Municipal Center. Steve Shelton, owner of Pizza Man Restaurant discussed window signage that City staff has asked him to remove. Community Development Director Hohenstein stated staff has begun to assemble information regarding sign code language, preliminary discussions have been held with the Planning Commission and the Chamber of Commerce has been invited to participate in the discussion of a proposed amendment. Councilmembers indicated they would like to see this information provided at a workshop. Respectfully submitted: Mira McGarvey Administrative Secretary / Deputy Clerk CITY OF EAGAN LISTENING SESSION EAGAN ROOM — MUNICIPAL CENTER November 4, 2004 6:00 P.M. 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 4, 2004 A regular meeting of the Eagan City Council was held on November 4, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS DAKOTA VALLEY RECYCLING AWARD Recycling Coordinator Sue Bast presented the City with the recently received MnGreat Award which stands for Minnesota Government Reaching Environmental Achievements Together. MACTA AWARD TO BECT FOR CABLE COMMISSION OF THE YEAR Community Television Manager Mark Hotchkiss and the Burnsville Eagan Community Television Commission members presented the Minnesota Association of Community Telecommunications Administrators award that was awarded at the state convention recognizing the Burnsville Eagan Telecommunication Commission as its top cable commission of the year. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 19, 2004 regular City Council meeting and the October 12, 2004 special City Council minutes as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Pam Fritz, Dispatcher. C. Check Registers. It was recommended to ratify the check registers dated October 21, 2004, and October 28, 2004 as presented. D. Contract for Auditing Services. It was recommended to award the contract for auditing services for the 2004 -2006 financial statements to Kern DeWenter Viere, Ltd. E. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7 -1 -04 to 6- 30 -05. F. CIP Part II Vehicles and Equipment. It was recommended to approve Part II (Vehicles and Equipment) of the 2005 -2009 Capital Improvement Program (CIP) G. Pension Agreement. It was recommended to approve the Eagan Volunteer Fire Relief Association 2005- 2009 Pension Agreement. H. Final Subdivision. It was recommended to approve a Final Subdivision (Birchwood Office Condos) of 6.9 acres to create 7 lots at property located East of Pilot Knob Road at Marice Drive between Sherman Court and I -35E. I. Final Subdivision. It was recommended to approve a Final Subdivision (Kreitz Addition) of 1.19 acres to create 2 single family lots for property located at 2890 Fairlawn Place, Lot 13, Block 7, Country Home Heights, in the SW '/ of Section 03. J. Cellular Antennae Lease Agreements. It was recommended to approve an agreement with Qwest Wirless to assign their rights to Verizon Wireless for the existing lease agreements for cellular antennae facilities at the Deerwood Reservoir, Highline Trail and Sandstone Drive locations and authorize the Mayor and Deputy City Clerk to execute all related documents. Eagan City Council Meeting Minutes October 19, 2004 Page 2 K. Contract 03 -09. It was recommended to approve Change Order #7 to Contract 03 -09 (Water Treatment Plant Expansion) and authorize the mayor and City Clerk to execute all related documents. L. Project 912. It was recommended to receive the Draft Feasibility Report for Project 912 (Windcrest / Birch Park Additions / Deerwood Drive / Denmark Avenue — Street Improvements) and schedule a public hearing to be held on December 6, 2004. M. Project 914. It was recommended to receive the Draft Feasibility Report for Project 914 (Thomas Lake Heights / Trails of Thomas lake Additions — Street Improvements) and schedule a public hearing to be held on December 6, 2004. N. Contract 03 -08. It was recommended to approve Change Order No. 2 to Contract 03 -08 (Thresher Fields — Park Site Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. O. Agreement. It was recommended to approve an agreement between Burnsville / Eagan Community Television and Thisweek Newspapers for the sale of limited commercial advertising. P. Project 03 -0. It was recommended to acknowledge the completion of Contract 03 -0 (Marcella Woods — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Q. Amendment to Minutes. It was recommended to approve an amendment to page 4 of the September 7, 2004 City Council meeting minutes in regard to a Final Planned Development for Camp Butwin to read as follows: Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Planned Development to memorialize the existing site conditions and future plans as part of a Camp Butwin Master Plan for the 84 acre site located off of 120` Street, within the Lebanon Hills Regional Park in the south half of Section 35, subject to the follow conditions (as listed in the original minutes). Aye: 5 Nay: 0 R. Walmart Foundation Grant. It was recommended to approve acceptance of $2,000 grant from the Walmart Foundation to the Eagan Police Department. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITY BILLINGS City Administrator Hedges stated the city has approximately 330 utility bill accounts with delinquent payments with an assessable amount of $52,372.91. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges stated the City currently has two delinquent false alarm bills with an assessable amount of $192.50. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 884, BORCHERT LANE STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding the Final Assessment Roll for Borchert Lane — Street and Utility Improvements. Public Works Director Colbert gave a staff report. Eagan City Council Meeting Minutes October 19, 2004 Page 3 Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 884 (Borchert Lane — Street & Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT CEDARSTONE DEVELOPMENT REZONING — ROBERT MCDONALD Councilmember Tilley stated she was the former owner of the subject property and excused herself from the dais. City Administrator Hedges introduced this item regarding a rezoning of 5 acres from Agriculture to PD, Planned Development, a Preliminary Subdivision to create 8 lots and a Preliminary Planned Development to create 14 twin homes with public and private streets and reduced setbacks on property located at 1055 Wescott Road, which was continued from the October 19, 2004 City Council meeting. It was decided to review this item in conjunction with the next item on the agenda regarding a Rezoning for Bob McDonald of five acres from Agriculture to R -1, Single Family Residential for property located at 1085 Wescott Road. City Planner Ridley gave a staff report. Peter Coyle, representing Cedarstone Development reviewed the proposed development plan, discussing concerns of area residents in regard to property values, tree preservation and the overall benefit to the City. Chuck Levine, project architect discussed the proposed setbacks. Bob McDonald, applicant for the proposed rezoning at 1085 Wescott Road expressed his opposition to the proposed Cedarstone Development stating he did not feel it would be consistent with the existing neighborhood. He also discussed the proposed private street and variances that would be required. Four area residents spoke, expressing their opposition to the Cedarstone Development. Councilmembers held a discussion which included the number of single family lots that could be accommodated on the property, the possibility of the two applicants working together on a plan for the two properties, the compatibility of the proposed twinhome development, the need for an emergency turn - around, street width, the possibility of public roads rather than private. There was general Council consensus that twin homes could be appropriate in this area if the other issues could be resolved. Both applicants indicated their willingness to continue consideration of the proposed rezonings, preliminary subdivisions and preliminary planned development. They both also indicated their willingness to discuss changes to the proposed plan. Agreement was reached to continue the items until the December 13, 2004 City Council meeting. Staff was directed to notify area residents by mail of the December 13 meeting. Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a Rezoning of 5 acres from Agriculture to PD, Planned Development for property located at 1055 Wescott Road in the SW 1 /4 of Section 14 to the December 13, 2004 City Council meeting. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW 1/4 of Section 14 to the December 13, 2004 City Council meeting. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Carlson seconded a motion to continue consideration of a Preliminary Planned Development to create 14 twin homes with public and private streets and reduced setbacks to 6 Eagan City Council Meeting Minutes October 19, 2004 Page 4 DR AFT the public street for property located at 1044 Wescott Road in the SW 1/4 of Section 14 to the December 13, 2004 City Council meeting. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration of a Rezoning of five acres from Agriculture to R -1, Single Family Residential District for property located at 1085 Wescott Road to the December 13, 2004 City Council meeting. Aye: 4 Nay: 0 Councilmember Tilley returned to the dais. CANVASS OF BALLOTS — NOVEMBER 2, 2004 MUNICIPAL ELECTION City Administrator Hedges stated that State law provides that within seven days after an election, the governing body of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. Administrative Services Director VanOverbeke gave an overview of the election results. Councilmember Fields moved, Councilmember Maguire seconded a motion to certify the results of the November 2, 2004 Municipal Election. Aye: 5 Nay: 0 APPOINTMENT OF NEW ECONOMIC DEVELOPMENT COMMISSION MEMBER Councilmembers were provided ballots to vote for a new member to be appointed to the Economic Development Commission. The vacancy exists on the Commission due to a recent resignation. Councilmember Tilley moved, Councilmember Carlson seconded a motion to appoint Leslie Bromley to fill the vacancy on the Economic Development Commission. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT FOR KNOB HILL PROFESSIONAL OFFICE City Administrator Hedges introduced this item regarding a proposed Planned Development Amendment to change the facade of the existing office building, combine two Lots into one, replace a drive aisle with green space and add a new monument sign for Knob Professional Office located at 4178 Knob Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the facade of the existing office building, combine two lots into one, replace a drive aisle with green space and add a new monument sign for Knob Professional Office located at 4178 Knob Drive, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded. 2. A revised landscape plan shall be submitted prior to writing the Planned Development Amendment Agreement. 3. The monument sign shall comply with City Code Sign Ordinance requirements. Any other free standing signage shall be removed. 4. The new trash enclosure shall be attached to and match the materials of the principal building. 5. A lot combination shall be executed and recorded prior to any building permits being issued. PRELIMINARY SUBDIVISION — CSM PROPERTIES, INC. City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two lots on 20.4 acres, located at 2955 Lone Oak Drive. He also discussed the need to terminate the application of Section 12.05 C (iv) of the City Code, as it applies to the subject property. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Fields seconded a motion to terminate the application of Section 12.05 (C) (iv) of the City Code, as it applies to a 20.4 acre parcel located at 2955 Lone Oak Drive (Lot 1, Block 1, Blue Ridge 5 Addition), for the sole purpose of approving the subdivision of the property into two lots. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 19, 2004 Page 5 D RAF T Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots on 20.4 acres, located at 2955 Lone Oak Drive in the SW '/A of Section 1, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, B4, Cl, C2, C4, D1 and El. 2. The property shall be platted. Councilmember Maguire moved, Councilmember Fields seconded a motion to reinstate Section 120.5 (C) (iv) of the City Code. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on Caponi property acquisition. ADMINISTRATIVE AGENDA REQUEST FROM EAGAN ROTARY CLUB City Administrator Hedges stated the Rotary Club has asked that this item be continued. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a request from the Eagan Rotary Club regarding their annual Art Gala fundraiser to the November 16, 2004 meeting. Aye: 5 Nay: 0 APPLICATION FOR LAWFUL GAMBLING EXEMPT PERMIT — FAITHFUL SHEPHERD SCHOOL Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an exempt permit for Faithful Shepherd Catholic School to hold a raffle on January 22, 2005 at 3355 Columbia Drive. Aye: 5 Nay: 0 CONTRACT WITH MIHCA City Administrator Hedges discussed this item regarding a proposed contract with MIHCA to allow the Eagan Community Center to participate in the Blue Cross Blue Shield BluePrint for Health Fitness Discount. Councilmember Tilley moved, Councilmember Fields seconded a motion to enter into a contract with MIHCA to allow the Eagan Community Center to participate in the BCBS BluePrint for Health Fitness Discount. Aye: 5 Nay: 0 Public Works Director Colbert stated that Max and Mary Steininger are requesting the Council waive the interest of $4,945.04 associated with the assessment for parcel 10-01100-010-26 (3070 Lexington Avenue) under Project 771. Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess into a closed session to discussion pending litigation with Mr. Steininger. The meeting was reconvened shortly thereafter. PROJECT 771, LEXINGTON AVENUE UPGRADE ASSESSMENT APPEAL Councilmember Fields moved, Councilmember Tilley seconded a motion to deny the request to waive the 2004 certified interest in the amount of $4,945.04 associated with the assessment for parcel 10-01100-010-26 (3070 Lexington Avenue) under Project #771. Aye: 5 Nay: 0 8 Eagan City Council Meeting Minutes October 19, 2004 1 Page 6 There were no visitors who wished to be heard. VISITORS TO BE HEARD ADJOURNMENT C RAFT Councilmember Tilley moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 9:45 p.m. Date Administrative Secretary / Deputy Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675 -5000, (TDD phone: (651) 454- 8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 9 Agenda Information Memo November 16, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Promotion /Sergeant -- ACTION TO BE CONSIDERED: To approve the promotion of Dan Mason to Sergeant in the Police Department. Item 2. Part -time Guest Services Reps /Community Center ACTION TO BE CONSIDERED: To approve the hiring of Kim Erickson and Casey McNamara as part-time Guest Services Reps at the Community Center. Item 3. Resignation/Volunteer Firefighter — ACTION TO BE CONSIDERED: To accept the resignation of Michael Carnis from his position as a volunteer firefighter. Item 4. Retirement /Assistant City Administrator — ACTION TO BE CONSIDERED: To accept the resignation of Holly Duffy, Assistant City Administrator/Director of Human Resources, who is retiring. Item 5. Human Resources Manager — ACTION TO BE CONSIDERED: To approve the hiring of Lori Peterson - Stahnke as Human Resources Manager. /D Agenda Information Memo November 16, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 4, 2004 and November 12, 2004 as presented. ATTACHMENTS: • Check registers dated November 4, 2004 and November 12, 2004 are enclosed without page number. l/ Agenda Memo November 16, 2004 CONSENT AGENDA D. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2005 ACTION TO BE CONSIDERED: To approve the renewals of existing liquor licenses for 2005, subject to review of applications, payment of fees and Police Department reviews. FACTS: • The liquor license renewals for the year 2005 include the following: (14) off -sale liquor (27) on -sale liquor (24 restaurants and 2 hotels = 27 total) (9) on -sale wine and beer (7) on -sale beer (15) off -sale beer (1) sports /convention facility • These renewals are in the process of completion and should be approved subject to review and recommendation by the Eagan Police Department, payment of fees and submittal of required documents. ATTACHMENTS: • Liquor license renewals on pages 13 through /S . /2 /3 O O cn CD F.>. / \ \e7 n. k - 0 N 0 ) = % g c / /� 0 Cr \ / _ 0 § /4 « @3@@13 _ 2 = m = 0 CD CD CD m 3 m 0 EEEE co O2 2 3 § 2 $ ° R < $ 2 E =GG2 aG c c c c _0__ E CD m o m n k § $ $ $ § e 3 3 3 3 ) CD m CD CD R p \ \ / \ I r r e r r r- 0 0 0 0 cccca)3 /// - __ - o 3 3 0 E R s CD m m m >> >>0 / « \ / 2 2 2 2 E m - m ° ° Cr 0 O 000 \ / / kk m 0) 0) 2222d 0 00 a w o = § a a cu«# a aeo It 2// III« 5 « o o c / /$f \ § 2 « @ / • a s k k r 2 5 o c cn cn 2 oo0 § § 5 s P g /0�O«O\0" /\ f /ƒf f$ /2� / /2 CD ® C E ° - - = m c m -, n 2 3 3 $ 3 \ 3 c f C c a ƒ - 7 ƒ m 2? rs R a $ m \ 5 a e m n t / // o \ $?/ f/ g $ � ) R m e //= 2 m$ o e 5 5 «• 2 § E g 0 2 9 m P - • 2 « / p §$ 7 / - . 0 3 / ' / -o = \ \ f c 2 • // m 0 \ \ s 9 R 2 , 5 - m \$ 3 0 k • P / E 3 o _ . o a) o a \ 0 o f/ o }• a)// co k / R / \ \ o_ ¢ a $ a e « m / / /° R 0 A E c 3 3 Dƒ 0\ N k - « = a m cn 0 (D ƒ / \ / E \ m § \ k /G2 2 eeace - m / \2&%� 2S2G% &%co a a9u=oaocn c owo= -'==u=o o==000«aCM @ aeoe o aaoweuo#o /\////0)}/ 2 ?/ 3 \ \$ - = 0/ *DD < < o = _ = . = # a x = _ _ $ _ � = • m x _ ] \ \ % \ r w- _ / \ 9 �) / a 0 -% 0 0 I 9 E E s a E E 0 m D 670_a) ,& a Z X < 2 73 ± -' m I* « pj m § a e a' a m 0 m o o = S 2 E o n M k \\ o ® @ J k D§ o / > a« 171 K E m 0 0=_@ 2= / m m 0= p o \ o E of ƒ \ ® < / 0 / c0 < / k ® mss= = o=_ c r k ° ° t k / / k J § R g s e= l > m m $ _o I / • 2 2 m 0 ® « o «. 0 _= m ® G E « o co - / m cn E ƒ 7 & / 2 ° 0 3 ■ Agenda Memo November 16, 2004 E. PROJECT O1 -S, FINCH PLACE ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 01 -S (Finch Place — Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Finch Place is a single - family subdivision constructed east of Highway 3 and north of Red Pine Lane in southeastern Eagan. This development required the construction of public streets, sidewalks, storm sewer, storm ponds, sanitary sewer, and water main performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. //‘ Agenda Memo November 16, 2004 F. PROJECT 915, RIDEGECLIFFE/ BERKSHIRE PONDS/ GALAXIE AVENUE/ COVINGTON LANE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 915 (Ridgecliffe/ Berkshire Ponds/ Galaxie Avenue/ Covington Lane — Street Improvements) and schedule a public hearing to be held on December 13, 2004. FACTS: • On June 1, 2004 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Ridgecliffe/ Berkshire Ponds Additions, Galaxie Avenue (Berkshire Lane to Cliff Road), Covington Lane (Safari Trail to Johnny Cake Ridge Road). • The bituminous overlay of the streets within this neighborhood is programmed for 2005 in the City of Eagan's 5 -Year CIP (2005- 2009). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for December 13, 2004. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 1 7 Agenda Information Memo November 16, 2004 G. CONTRACT 02 -15B, COMMUNITY CENTER SITE WORK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the revised final payment for Contract 02- 15B (Community Center — Site Work Improvements) in the amount of $67,576.96 to Frattalone, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 02 -15B provided for various improvements within the Community Center site, including parking lot, trail, ponding, and landscaping construction, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • On September 7, 2004, the City Council approved final payment under the project contract to Frattalone, Inc., in the amount of $53,176.96. • Subsequent to the final payment on September 7, it was discovered that two trail light poles and fixtures were inadvertently not included in the payment. • The revised final payment amount of $67,576.96 includes the additional $14,400.00 for the construction of the five (5) poles, fixtures and wiring previously overlooked in the final accounting. • These installations have been verified, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of revising the previous final payment and acceptance for perpetual maintenance subject to warranty provisions. /g Agenda Memo November 16, 2004 H. PROJECT 878, CINNAMON RIDGE 1 ST — 7TH ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 878 (Cinnamon Ridge 1 st — 7th Additions — Street Improvements) and schedule a public hearing to be held on December 13, 2004. FACTS: • On June 1, 2004 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Cinnamon Ridge neighborhood, including Cinnamon Ridge Trail and Slater Road (north of Cliff Road). • The bituminous overlay of the streets within this neighborhood is programmed for 2005 in the City of Eagan's 5 -Year CIP (2005- 2009). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for December 13, 2004. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. / Agenda Memo November 16, 2004 I. CONTRACT 04 -07, LEXINGTON RIDGE COURT STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order #2, Contract 04 -07 (Lexington Ridge Court - Street Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 04 -07 provides for the public street improvements within the Lexington/Diffley Athletic Facilities to serve the Lexington Ridge development (City Project No. 906). • Change Order No. 2 provides for the extension of the overall contract completion date. The change order revises the final completion date from November 15, 2004 to June 15, 2005. • This change order will allow the completion of the concrete and other heavy construction activities for the private improvements within the Lexington Ridge subdivision prior to the placement of the final wear course for the street improvement within Lexington/Diffley Park. • This change order does not change original contract amount. • This change order has been reviewed by the Engineering and Parks Departments and found to be in order for favorable Council consideration. 01 Agenda Information Memo November 16, 2004 Eagan City Council J. EXTENSION FOR DEVELOPMENT CONTRACT COMPLETION DATE (DIFFLEY PLAZA). ACTION TO BE CONSIDERED: To approve a one year extension for installation of a berm described in the Development Contract for the Diffley Plaza subdivision, located at the South West corner of Diffley Road and Johnny Cake Ridge Road. FACTS: • The City Council initially approved the Final Subdivision on June 3, 2003. • On October 21, 2003 the Council approved a one year extension for the berm, which would be October 1, 2004. • The applicant has indicated they have left a larger berm with the existing vegetation and evergreens onsite compared to the approved berm. The applicant also indicates that the end user of Lots 3 and 4 might also be able to leave a larger berm with development. • The applicant is requesting a one year extension for installing the landscape berm along the south side of the property as indicated in the Development contract. A letter from the applicant is attached. ATTACHMENTS (1): Letter from Tom Gallagher, Alcan Development on page a I November 8, 2004 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (651) 675 -5696 Shiela: Reference is made to our recent conversation in which we discussed in October regarding the completion of the berm on the southeastern portion of Diffley Plaza. As discussed, we have left a larger berm in place than originally called for in our development agreement. This was done because one of the neighbors had planted seven evergreen trees on the Astleford property for buffering purposes. We did not want to risk losing the trees by moving them (They are approximately 25 feet high). I am formally requesting a one year extension for the completion of the landscaping portion of my development contract with Eagan. My reason for this request is that if the end user on Lots 3 and 4 do not need the entire parcel, we may be able to leave a larger berm in place than currently required by the agreement. At this time, we are in the process of preparing a purchase agreement for the remaining three lots. I'm confident the neighbors would approve of such an extension. Naturally, I would expect to leave a portion of my financial guarantee in place (as it relates to the landscaping), until such time as the City felt it could be released. If the Council does not feel it appropriate to grant the extension, we will mobilize the equipment and construct the original berm as agreed upon. I will be happy to meet with the City Staff and Council to answer any questions they may have. Respectfully, Tom Gallagher Alcan Development, LLC ALCAN DEVELOPMENT, LLC 705 Central Avenue East P.O. Box 110 St. Michael, MN 55376 -0110 (763) 497 -7144 Phone (763) 497 -7145 Fax Agenda Memo November 16, 2004 K. JOINT POWERS AGREEMENT DEVELOPMENT REVIEW — WOODLANDS PRESERVE (IGHts) ACTION TO BE CONSIDERED: Approve the extension of Eagan utilities to the proposed preliminary subdivision (Woodland Preserve) within Inver Grove Heights, in accordance with the Joint Powers Agreement FACTS: • Aileron Land Development Company is proposing to develop approximately 30 acres of land located within Inver Grove Heights (IGH) east of Pines Edge 1st Pinetree Forest and south of Cliff Road. • The development consists of 36 single - family residential lots and 5 outlots (for ponding and park land dedication), and is proposed to be serviced with Eagan utilities under the 1997 Joint Powers Agreement between the cities of IGH and Eagan. • Article 13.1 — Development Plans — of the Joint Powers Agreement states that Eagan's approval of the extension of water and sanitary sewer services to development in IGH is expressly conditioned upon Eagan's approval of the development plans for the properties delineated in the Joint Powers Agreement. • Eagan's review specifically relates to usage demands, grading, water and sanitary sewer systems, surface water runoff, storm drainage systems, intercommunity street connections and parkland dedications. • At their November 15 meeting, the City Advisory Parks and Natural Resources Commission will consider this proposal for adequacy of park land and storm water quality dedication requirements and their recommendations will be presented at the Council meeting by staff. • City staff has reviewed the development proposal and found to be in compliance with the Joint Powers Agreement and in order for favorable Council action, subject to any conditions relating to park land dedication and water quality requirements. ATTACHMENTS: r • Development Review Memo, pages .DY through 7. a3 city of eagan TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: JOHN GORDER, ASSISTANT CITY ENGINEER DATE: NOVEMBER 12, 2004 SUBJECT: INVER GROVE HEIGHTS DEVELOPMENT PROPOSAL (KOGL PROPERTY — WOODLAND PRESERVE) MEMO Aileron Land Development Company is proposing to develop approximately 30 acres of land located within Inver Grove Heights (IGH) east of Pines Edge l / Pinetree Forest and south of Cliff Road. The development consists of 36 single - family residential lots and 5 outlots (for ponding and park land dedication), and is proposed to be serviced with Eagan utilities under the 1997 Joint Powers Agreement between the cities of IGH and Eagan. Article 13.1 — Development Plans — states that Eagan's approval of the extension of water and sanitary sewer services to development in IGH is expressly conditioned upon Eagan's approval of the development plans for the properties delineated in the Joint Powers Agreement. Eagan's scope of review is limited to utility usage /demand, grading, water and sanitary sewer systems, surface water runoff, storm drainage systems, intercommunity street connections and park land dedication. SANITARY SEWER Sanitary sewer is proposed to be extended from existing stubs at White Pine Way (Pines Edge 1st) within Eagan, and from Avery Drive and Archer Path (Broadmoor) within IGH (with downstream discharge to Eagan). This is in conformance with the City's Comprehensive Sanitary Sewer Plan and JPA. The elevations and capacity are adequate to accommodate the proposed density. WATER MAIN Water service will be provided from connections to an existing stub at White Pine Way within Eagan, and from stubs at Avery Drive and Archer Path ( Broadmoor) within IGH to the north, which also connect to Eagan's system. This will provide the necessary looping of Eagan's system to ensure adequate service and alternate supply routes. The proposal is in conformance with the City's Water Supply & Distribution Plan and JPA. STORM WATER RUNOFF A large majority of the storm water runoff from the development will be retained and accommodated within IGH. The development proposes to direct less post - development storm water runoff to Eagan than under current conditions. Existing and proposed storm drainage systems within Eagan have been designed and constructed to accommodate projected storm water runoff from this development area in IGH. This development is in accordance with the City's Storm Water Management Plan and JPA. GRADING/ DEVELOPMENT PLAN Eight of the 36 newly created lots will back directly onto rear yards of homes within Eagan. The preliminary grading plan shows appropriate compatibility of rear yard elevations, and maintaining existing drainage patterns. STREETS/ ACCESS/ CIRCULATION The development site plan shows street connections to existing street stubs at White Pine Way (within Eagan) and at Avery Drive and Archer Path (within IGH). The plan also shows a street stub to be constructed with the development for future extension south to the adjacent property in IGH and, ultimately, to a potential future extension of 120 Street. Because of recent developments within Inver Grove Heights, there is sufficient and convenient access provided to adequately handle the projected traffic from this new development without placing undue burden on Eagan's local street system. The developer commissioned Eagan's traffic engineering consultant (SEH, Inc.) to perform an addendum to the 120 Street Traffic Study completed with the Long Acres preliminary subdivision (Eagan) proposal in 2003. That study included traffic projections for undeveloped areas in IGH and Rosemount, and assumed approximately 860 vehicles per day generated from this 30 -acre parcel (Kogl property). SEH estimates that this development will generate approximately 345 vehicle trips per day, with little resulting traffic impact in Eagan. This development is proposing to connect to all available street stubs to reduce traffic concentration to any one particular street connection. This is the last connection to Eagan streets anticipated under the JPA. PARK LAND DEDICATION/ NATURAL RESOURCES The Eagan Advisory Parks and Natural Resources Commission (APrC) is considering this development at their November 15 meeting. Their recommendation will be provided at the City Council meeting. The developer proposes to dedicate approximately 10.2 acres (Outlots A, C, and E) of the 30 -acre site as park land and open space. Given this dedication, the City Parks & Recreation staff is not recommending a cash dedication to Eagan parks and trails. City staff is recommending a cash dedication for water quality purposes for that portion of the development that drains to Eagan. The proposed tree removal for the development is approximately 28% of the site's trees. Please let me know if you have any questions or require further information. Enc: Location Plan Woodland Preserve Site Plan Layout. G: JG/ Memos/ `04/ IGH Woodland Preserve Review as 120th ST. G:JohnGorder \BruceA \WOODLAND PRESERVE City of Eagan �'Q VIEW �COVE RED PINE 120th ST. W. ROSEMO UNT Woodland Preserve 11/11/04 Agenda Information Memo November 16, 2004, Eagan City Council Meeting L. DARE/Police Liaison Services Agreement between the City of Eagan and IDS # 196 ACTION TO BE CONSIDERED: Adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and Independent School District # 196. FACTS: • The City of Eagan and I.D.S. #196 have previously partnered in teaching D.A.R.E. to students in eight elementary schools. • The district wishes to continue this relationship and agrees to pay the city $21,905 for an Eagan Officer to teach D.A.R.E. for the 2004 -2005 School Year. • The City of Eagan and I.D.S. #196 have previously partnered in establishing a school resource officer program in three schools. • The district wishes to continue this relationship and agrees to pay the city $62,686 for Eagan Police Officers to continue working in the schools for the 2004 -2005 school year. • The total amount the district will provide the City of Eagan for providing D.A.R.E. instruction and Police Liaison Services is $84,591. Attachments: D.A.R.E. and Police Liaison Services Letter & Agreement. b 9 "'3 a INDEPENDENT SCHOOL DISTRICT 196 14445 DIAMOND PATH WEST ROSEMOUNT, MINNESOTA 55068 -4199 November 3, 2004 Mr. Tom Hedges City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: Enclosed is a copy of the annual D.A.R.E. and Police Liaison Services Agreement for the 2004 -2005 school year. The amount specified in the agreement was verified in conversation with representatives of your police department. As you may know, the Minnesota Legislature has reduced the "Safe Schools Levy" by 10% from the previous year. This forced us to make cuts in some levy- funded programs. In spite of this, we have provided the local police departments who work with District 196 an increase in funding of approximately 3% overall. Levy funding for the D.A.R.E. program has been capped at $50,000 districtwide by the Board of Education. This amount is then divided by the number of fifth graders to determine the amount each department will receive per pupil served. This year's funding is $23.81 per student, down slightly from $23.93 last year. Based on 920 fifth graders in the eight elementary schools in Eagan, the payment for the D.A.R.E. program will be $21,905. The City of Eagan will also receive an additional $3,449 to help cover cost -of- living increases for Eagan officers assigned to District 196 schools. The City of Eagan will receive a total of $62,686 for police liaison services at the three secondary schools in Eagan. Taking all this into consideration, the City of Eagan will receive a total of $84,591 for D.A.R.E. ($21,905) and police liaison services ($62,686) in the eleven District 196 schools in Eagan that receive such services. Please review this document and return the signed copy to me. Sincerely, ch T — Jill E. oyle School District Attorney Enclosure cc: John Currie, Superintendent Jeff Solomon, Director of Finance Don Brundage, Prevention Coordinator NOV 4 - 2004 a9 Jill E. Coyle, School District Attorney 651- 423 -7883 FAX 651- 423 -7727 jill.coyle @districtl 96.org Educating our students to reach their full potential Serving Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights, Lakeville, Rosemount, and Empire and Vermillion Townships D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of , 2004 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District ") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City "). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a curriculum of drug abuse resistant education ( "D.A.R.E. ") in the School District's elementary schools. 2. The School District agrees to pay the amount of $21,905 to the City as and for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. 4. The School District shall pay the City the amount of $62,686, as and for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. 30 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 2004 -2005 school year upon approval of this Agreement by both parties. 7. This Agreement is effective for the 2004 -2005 school year; upon the expiration of the 2004 -2005 school year, this Agreement shall automatically terminate. 8. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 9. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. STATE OF MINNESOTA ) ) ss. COUNTY OF ) SCHOOL DISTRICT NO. 196: By: Mike Roseen Its: Chairperson By: Bruce Endler Its: Clerk On this day of , 2004, before me a Notary Public within and for said County, personally appeared MIKE ROSEEN and BRUCE ENDLER, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. 3/ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) CITY OF EAGAN: By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk On this day of , 2004, before me a Notary Public within and for said County, personally appeared PAT GEAGAN and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 3a- Agenda Memo November 16, 2004 M. CONTRACT 03 -09, CHANGE ORDER #8 (WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve Change Order #8 to Contract 03 -09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03 -09 provides for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Rd. This contract was awarded in July of 2003 and the construction is approx. 80% complete. • Change Order #8 consists of the following items: o Part 1: Provides for adding two larger fans and related ductwork to the chlorine storage room and modifying the motor control center to accommodate these changes. The chlorine leak detection system was also revised to include warning alarm horns, lights and emergency shut off switches. This part includes the appropriate deducts for deleting the original relocation of the existing undersized fans. (ADD $20,798). o Part 2: This is a no cost item and is included for documentation purposes only regarding existing building lighting modifications. (No Change). o Part 3: Provides for the fire caulking and concrete around the ductwork through the floor openings to meet fire code requirements. (ADD $994) o Part 4: This is a no cost item and is included for documentation purposes only regarding lighting and control modifications. (No Change) o Part 5: Expand the electrical supply service from 2,000 amps to 3,000 amps to accommodate projected peak demand loads under full production. (ADD $70,879) o Part 6: Provide electrical and mechanical service lines for vehicle pressure was system. (ADD $1,939) o Part 7: Install a deflecting drip shield for the roof drain over the electrical motor control center per electrical inspector directive. (ADD $1,519) o Part 8: Install PVC conduits for future security gate opener. (ADD $1,868) o Part 9: Relocate the infrared heating system to expand the usability and safety of the overhead storage racks in the vehicle garage. (ADD $3,474) o Part 10: Increase the number of receptacles and connect them to the uninterrupted power supply system. (ADD $626) o Part 11: Add fire sprinkler head, heat detector, separate circuit for lights, ventilation and controls in the elevator shaft as directed by the Fire Marshall. (ADD $3,385) 33 Agenda Memo November 16, 2004 M. CONTRACT 03 -09, CHANGE ORDER #8 (WATER TREATMENT PLANT EXPANSION) (Continued) FACTS: (cont.) o Part 12: Add new water service supply lines to remaining service sink after removal of adjacent water heater supply lines. (ADD $437) o Part 13: This is a no cost item and is included for documentation purposes only regarding new pre -cast edging. (No Change). o Part 14: Install a precast sill under a vertical corrugated metal panel on south wall similar to other locations where so specified. (ADD $345) o Part 15: This is a no cost item and is included for documentation purposes only regarding new pre -cast edging. (No Change). o Part 16: Reorientation of metal base plates for the tube steel support columns at the front entry to eliminate protrusion through the wall. (ADD $658) o Part 17: Install non combustible material behind 2 space unit heaters to met required fire rating. (ADD $478) o Part 18: Exchange the light fixtures to a more cost effective fixture. (DEDUCT $13,576) o Part 19: Install steel and membrane flashing at the operations level door entrance canopy. (ADD $322) o Part 20: Expand concrete plaza area for access to mechanical room and install additional drainage structure. (ADD 6,200) o Part 21: Install PVC conduits in the plaza area for irrigation and future illumination wiring. (ADD 859) • The net total of this change order is an ADD of $108,205 (0.74 %) to the original contract amount ($14,620,958). If approved, the total of Change Orders 1 -8 will be $404,887.02 (2.77 %) • All work and costs associated with this change order have been reviewed by the consultant and Public Works Dept. and found to be in order for favorable Council consideration. Agenda Memo November 16, 2004 N. CONTRACT 04 -13, NORTH WATER TREATMENT PLANT - FURNITURE, FIXTURES AND EQUIPMENT ACTION TO BE CONSIDERED: Approve the Plans and Specifications for Contract 04 -13 (North Water Treatment Plant — Furniture, Fixtures and Equipment) and authorize the solicitation for a competitive bid opening at 11 am, December 9, 2004. FACTS: • Contract 04 -13 provides for the acquisition and installation of the furniture and fixtures for the expanded and remodeled North Water Treatment Plant, including the administration offices, field operations work stations, labs, conference rooms, etc. • The plans have been reviewed by the Public Works Department and found to be in order for Council consideration of authorization of competitive bid solicitation. ,3S Agenda Memo November 16, 2004 PUBLIC HEARINGS A. WELLHEAD PROTECTION PLAN ACTION TO BE CONSIDERED: Close the Public Hearing and approve the City's Wellhead Protection Plan, Part 2. FACTS: • The City of Eagan has 20 deep water wells dispersed between 2 well fields. The north well field is primarily located within 1 /2 mile of Yankee Doodle Rd, west of Pilot Knob Rd. and the south well field is located primarily within 1 /2 mile of Cliff Rd. near the Pilot Knob Rd. intersection. • The State of Minnesota Well Head Protection Rules require all communities with ground water sources for their drinking water supply to prepare a Well Head and Source Water Protection Plan. The Plan is typically prepared in two parts in accordance with these Rules. • Part 1 delineated: a) the Well Head Protection Areas (WHPA) for the ground water aquifers; and b) the Drinking Water Supply Management Areas (DWSMA) for surface activities /land uses. Part 1 was completed in March 2002 and approved by the Minnesota Department of Health in July 2002. Of the city's 19 current wells, it identified 7 wells (3 in the north field & 4 in the south field) as being potentially vulnerable to contamination based on subsurface geology and aquifer directional flows. The southern DWSMA extends into potions of the Cities of Apple Valley and Rosemount. • Part 2 of the Plan includes the following information: a. A review of data elements identified by the Minnesota Department of Health (MDH) as applicable to the DWSMAs. b. Results of an inventory of potential contaminant sources within the DWSMAs (i.e. septic systems, hazardous waste generators, storage tanks, private wells, etc.) c. Review of issues, problems and opportunities related to the public water supply and the identified potential contaminant sources. d. A discussion of potential contaminant source management strategies and the goals, objectives, and action plans associated with these management strategies (i.e. increased public awareness, management of potential contamination sources, continued monitoring, coordination with adjacent communities, etc). e. A review of the wellhead and source water protection evaluation program and Eagan's alternative water supply contingency strategy. _36 Agenda Memo November 16, 2004 FACTS: (cont.) A. WELLHEAD PROTECTION PLAN (Continued) • This Part 2 Plan was distributed to all pertinent agencies and presented at an informational open house on August 26 (no one attended). At the close of the 60 day review period, the City has received comments from only the Metropolitan Council of Environmental Services (MCES) suggesting that the City expand its storm water review for new developments to include the entire area of the DWSMA and not just the highly vulnerable sub areas. • The State rules also require the City to hold a formal public hearing at the close of the 60 day review period to present the proposed plan to the general public at a public meeting, address any further concerns and adopt the Plan for formal approval by the MDH and ultimate implementation. • A representative of BARR Engineering Inc. who prepared this Part 2 Plan will present a 10 minute summary and be available for comments and questions at the end. 37 Agenda Memo November 16, 2004 B. PROJECT 913, WALDEN HEIGHTS/ TWIN VIEW MANOR/ HILLCREST ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 913 (Walden Heights/ Twin View Manor/ Hillcrest Additions — Street Overlay) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 67 miles of local streets. • The resurfacing of Thomas Lane, Walden Drive, Richard's Court, Dolores Lane, Erik's Boulevard, Richard Lane, and Rebecca Lane all within Walden Heights/ Twin View Manor/ Hillcrest Additions neighborhood, has been programmed for 2005 in the City's 5 -Year Capital Improvement Program. In September, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 1, 2004, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within Walden Heights/ Twin View Manor/ Hillcrest Additions, located south of Cliff Road, west of Pilot Knob Road. • On October 19, 2004, the feasibility report for Project 913 was presented to the City Council and a Public Hearing was scheduled for November 16 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 9 in the City Hall Conference Room 1 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 115 total residential properties proposed to be assessed under this improvement, 15 persons representing 14 properties (12 %) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • Some residents attending the neighborhood informational meeting raised concerns about the proposed July 2000 Storm Mitigation improvement portion of the project, specifically regarding the driveway and yard impacts to properties adjacent to the Delores Lane area, and the cost of the improvement with the benefit to one property. The property owner affected by the July 2000 storm (1478 Thomas Lane) was not in attendance at the meeting. 3g Agenda Memo November 16, 2004 B. PROJECT 913, WALDEN HEIGHTS/ TWIN VIEW MANOR/ HILLCREST ADDITIONS STREET OVERLAY (Continued) ISSUES (cont.): • Some residents at the meeting also questioned the necessity of the street overlay improvements, stating that the streets are in good shape and don't warrant maintenance at this time. The current weighted Pavement Condition Index rating of the neighborhood is 62. The PCI rating is just above the "Patch/Repair and/or Overlay" category (36 -55). The streets are approaching an age where, based on past experience and projected life cycle, the integrity of the pavement can rapidly decline if no improvements are performed in the near future. This project can easily be delayed 2 -4 years until the pavement conditions deteriorate further into the "Overlay" category. However, if delayed, the structural benefit of an overlay to the existing pavement diminishes as well. There also is concern about how long the recommended improvements from the July 2000 Super Storm should be delayed. ATTACHMENTS: • Feasibility Report, pages 96 through fj 3. • Neighborhood Meeting Minutes, pages(• y through 65 3 9 city of eagan Report for Walden Heights/ Twin View Manor/ Hillcrest Additions Neighborhood Street Revitalization City Project No. 913 Eagan, Minnesota November, 2004 PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122 -1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 65 I.454.8535 www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community city of amain November 10, 2004 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Walden Heights/ Twin View Manor/ Hillcrest Additions Street Improvements City Project No. 913 Dear Mayor and City Council: Attached is our report for the Walden Heights/ Twin View Manor/ Hillcrest Street Improvements, City Project No. 913. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, `John P. Gorder Assistant City Engineer tr eptarhnent. of Public Works Date: Reviewed By: Finance Dep ment It/ I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jkfin P. Gorder Date: / /'0 " Date: Reg. No. 22813 1/ -1C _ Letter of Transmittal /Certification Table of Contents Page Introduction 2 Scope 4 Feasibility and Recommendations 4 Street Evaluation 5 Proposed Improvements .5 Easements/Permits 8 Cost Estimate 8 Assessments 8 Low Density Residential 9 Assessment Financing Options 9 Revenue Source 10 Project Schedule 10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures TABLE OF CONTENTS 1 Location Map - 2 Street Improvement/Assessment Area Map 3 Typical Section — Overlay - 4 Storm Mitigation Improvements — Dolores Lane - 5 Storm Mitigation Improvements — Eriks Blvd. — Richards Lane November 2004 Street Improvement Report Walden Heights/ Twin View Manor/ Hillcrest Additions Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 1.3 miles of 32' wide streets within the Walden Heights/ Twin View Manor/ Hillcrest Additions neighborhood area are identified for street overlay improvements in 2005. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhoods were constructed from 1981 to 1983. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently in the 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Walden 11ci_hts l'a'in Vie. A an ar,''1--ii;lcrest l'agc 1 Lf 3 Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhoods were sealcoated in 1986, 1995, and in 2001. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 1.3 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary /storm sewer utility castings, and water gate valves. Also included for consideration under this project is July 2000 storm event mitigation improvements on Dolores Lane, Richard Lane and Eriks Boulevard. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride - ability and add structural strength. The project is also necessary to increase the level of flood protection to an area damaged by the July 2000 superstorm. \ iAd e'. ilci._ lsil`win View Ntia o iliiilc,est Page 2 e./ '11 This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. Including the July 2000 superstorm mitigation as part of the proposed improvements provides a cost benefit due to economies of scale. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. The superstorm mitigation improvements will provide a greater protection of the private homes and property from storm damage. This project is in accordance with the Five Year Capital Improvement Plan (2005 — 2009) for the City of Eagan and the schedule as outlined in the Pavement Management Program. The July 2000 superstorm mitigation improvements are as outlined and discussed in the Preliminary Design Report (Bonestroo Engineering — April 2001). It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance /Crack Seal /Seal Coat 36 - 55 I Patch/Repair and/or Overlay 0 - 35 Reconstruct Walden n [[ i ha;`J n View Manor/1.1i ikresi Page Y s - The 2004 PCI rankings for Walden Heights/ Twin View Manor/ Hillcrest Additions has a neighborhood weighted average pavement condition rating of 62 which falls in the lower rankings of the "Routine Maintenance /Crack Seal /Seal Coat" category mostly because of the preparatory maintenance performed by City crews, as mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2005 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and /or Overlay" category, however, if it is delayed, the structural benefit to the pavements may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown by the typical section in Figure 3. The existing street sections consist of a 3" bituminous pavement supported by 6" — 12" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 11/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Walden ' E {:IzEl 5; '.Vin 1 ic'.G Page 4 Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 15% (0.4 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. �6 Street Drainage Improvements — As a result of the July 7 -8, 2000 superstorm, storm water runoff from Dolores Lane and Eriks Boulevard contributed to overflows down slopes outside the public right -of -way, causing significant erosion on existing residences lower in elevation than Dolores Lane and Eriks Boulevard. One residence also experienced a sanitary sewer backup as a result of the storm. In considering mitigation improvements, the City Council at that time directed that potential storm mitigation improvements be considered in conjunction with the neighborhood street rehabilitation. Potential storm mitigation improvements for the area include: • Reconstruction of the Eriks Boulevard/ Dolores Lane intersection, and street segments on each side of the intersection, to direct overland flow toward Pilot Knob Road, which can accommodate the storm runoff. This would include lowering the grade of Dolores Lane, east of Eriks Boulevard, approximately 1 '/2 to 2 feet in some locations (see Figure 4). • Construction of storm sewer from the Dolores Lane/ Pilot Knob Road intersection to the Eriks Boulevard/ Dolores Lane intersection (also see Figure 4). • Reconstruction of the street, and additional storm sewer construction, at the northern curve of Eriks Boulevard, and at the intersection of Dolores Lane and Richard Lane (see Figure 5). These improvements will reduce the amount of storm water runoff directed outside public right - of -way/ easements during a large rain event similar to the July 2000 storm. Signage - Traffic control and street identification signage will be replaced if the reflectivity has diminished, support posts have deteriorated, or if the signs or posts no longer meet City standards. Walden . i-lei._h si'I win vie;v !ars:lr;l li Page le rest Example of a recent street overlay project in Eagan (Oak Chase 6"' /Ches Mar East, 2002) Easement /Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. A permit from Dakota County will be required for the storm sewer improvements within Pilot Knob Road right -of -way. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2005 construction costs and include a 5% contingency (10% for July 2000 storm mitigation) and indirect costs of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay $160,560 . Repair Existing Concrete Curb & Gutter $95,400 • Storm Mitigation $191,620 Total $447,580 :1.i1;:. 1 c; i` i5; 'Win View 1' iii:iil'r]iili Ci"c:..t. Page 6 5`8 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. No assessments are proposed to be levied for the costs of the July 2000 superstorm mitigation improvements. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Mill and Overlay • Low Density Residential (R- 1,2,3) 2) $80,280 (Total Single Family Residential Assessment) - $686/ lot 117 Equivalent Single Family Residential Lots Walden l {eight.. Twirl View . anerali!lere. >.,t Page, 7 �t 9 Assessment Ratio Property City 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Stone Mitigation Improvements 0% 100% Low Density Residential Lots (R -1, R -2, R -3) This neighborhood consists entirely of single- family residential homes. All residential equivalent properties (117 single - family lot equivalents, including Walden Heights Park) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet.) The estimated cost per residential lot to be assessed based on the City Assessment Policy is $686 per Single Family Lot and is calculated as follows: 1) $160,560 (Total Mill & Overlay Cost) x 50% _ $80,280 Total Residential Assessment (R1) Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single - family home based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $686 WaRkin 1 {ei_h sif Wirt View Ma lcrest Page 8 sO Principal Per Year Interest Per Year Cost Per Year First Year $137 $34 $171 Fifth Year $137 $7 $144 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single - family home based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $686 WaRkin 1 {ei_h sif Wirt View Ma lcrest Page 8 sO Revenue Source A summary of revenue sources is listed below: The City's Major Street ($175,680) and Storm Sewer Utility ($191,620) Funds will finance the estimated project deficit of $367,300 (82% of total). Walden Heights /Twin View Manor /Hillcrest Page 9 5/ Project Cost Property Assessment City Contribution Mill and Overlay $160,560 $80,280 ($80,280) Repair Existing Curb $95,400 -0- ($95,400) Storm Mitigation $191,620 -0- ($191,620) Totals $447,580 $80,280 ($367,300) Revenue Source A summary of revenue sources is listed below: The City's Major Street ($175,680) and Storm Sewer Utility ($191,620) Funds will finance the estimated project deficit of $367,300 (82% of total). Walden Heights /Twin View Manor /Hillcrest Page 9 5/ Project Schedule Present Feasibility Report to City Council/ Order Public Hearing October 19, 2004 Neighborhood Meeting November 9, 2004 Public Hearing November 16, 2004 Approve Plans and Specifications January, 2005 Award Contract February, 2005 Project Completion July 31, 2005 Final Cost Report September, 2005 Final Assessment Hearing Fall, 2005 First Payment Due with Property Tax Statement May 15, 2006 Walden Heights /Twin View Manor/Hillcrest Page 10 5c2 Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 9,220 $1.15 $10,600 Type 41 Wear Course Mixture Ton 2,300 $36.00 $82,800 Bituminous Material for Tack Coat Gal. 1,250 $2.00 $2,500 Adjust Valve Box Each 11 $175.00 $1,930 Adjust Frame & Ring Casting (Manhole) Each 37 $400.00 $14,800 Traffic Control L.S. 1 $1,000.00 $1,000 Replace Traffic & Street Signs L.S. 1 $1,500.00 $1,500 Subtotal $117,630 + 5% Contingencies $5,880 Subtotal $123,510 + 30% Indirect Costs $37,050 TOTAL $160,560 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 2,200 $5.00 $11,000 D412 Concrete Curb and Gutter L.F. 2,000 $15.00 $30,000 B618 Concrete Curb and Gutter L.F. 200 $15.00 $3,000 Adjust Frame & Ring Casting (C.B) Each 20 $300.00 $6,000 Sod w/Topsoil S.Y. 500 $12.00 $6,000 Bituminous Street Patching Ton 100 $100.00 $10,000 Bituminous Driveway Patching S.Y. 150 $26.00 $3,900 Subtotal $69,900 + 5% Contingencies $3,500 Subtotal 573,400 + 30% Indirect Costs $22,000 TOTAL 595,400 I. Bituminous Street Overla Appendix A - Street Overlay - City Project No. 913 Preliminary Cost Estimate Walden Heights/ Twin View Manor/ Hillcrest Additions S3 Item Est. Unit Est. Unit Qty. Price Cost Remove Bit. Pavement S.Y. 3,200 $2.00 $6,400 Sawcut Bit. Pavement L.F. 200 $4.00 $800 Remove Concrete Curb & Gutter L.F. 1,700 $5.00 $8,500 Remove Bit. Driveway S.Y. 130 $5.00 $650 Remove Conc. Driveway S.Y. 130 $10.00 $1,300 Common Excavation C.Y. 1,500 $10.00 $15,000 Class 5 Aggregate Base Ton 900 $15.00 $13,500 D412 Concrete Curb & Gutter L.F. 1,700 $8.00 $13,600 Type 32 Bituminous Base Course Ton 350 $40.00 $14,000 Bituminous Driveway S.Y. 130 $15.00 $1,950 Concrete Driveway S.Y. 130 $45.00 $5,850 Sod w/ Topsoil S.Y. 3,400 $6.00 $20,400 Connect to Ex. MH Each 1 $2,000 $2,000 12" RCP Storm Sewer Pipe L.F. 30 $25.00 $750 15" RCP Storm Sewer Pipe L.F. 100 $30.00 $3,000 18" RCP Storm Sewer Pipe L.F. 280 $35.00 $9,800 21" RCP Storm Sewer Pipe L.F. 50 $40.00 $2,000 Lower/ Reconstruct CB Each 1 $500 $500 Catch Basin MH w/ casting Each 4 $2,000 $8,000 Catch Basin w/ casting Each 4 $1,500.00 $6,000 Subtotal $134,000 + 10% Contingencies $13,400 Subtotal $147,400 + 30% Indirect Costs TOTAL $44,220 $191,620 TOTAL PROJECT COST $447,580 III. July 2000 Storm Mitigation Improvements Sy Parcel (Single Family) P.I.N. Walden Heights 1st Addition - Block 1 Lot Unit Equivalent 1 Assessment $686 Total $686 1471 Richards Court 10- 83300 - 010 -01 1469 Richards Court 10- 83300 - 020 -01 1 $686 $686 1467 Richards Court 10- 83300 - 030 -01 1 $686 $686 Subtotal 3 $2,058 Walden Heights 1st Addition - Block 2 1465 Thomas Lane 10- 83300 - 010 -02 1 $686 $686 1467 Thomas Lane 10- 83300 - 020 -02 1 $686 $686 1469 Thomas Lane 10- 83300 - 030 -02 1 $686 $686 1471 Thomas Lane 10- 83300 - 040 -02 1 $686 $686 1473 Thomas Lane 10- 83300 - 050 -02 1 $686 $686 1475 Thomas Lane 10- 83300 - 060 -02 1 $686 $686 1477 Thomas Lane 10- 83300 - 070 -02 1 $686 $686 1479 Thomas Lane 10- 83300 - 080 -02 1 $686 $686 1481 Thomas Lane 10- 83300 - 090 -02 1 $686 $686 1485 Thomas Lane 10- 83300 - 100 -02 1 $686 $686 1487 Thomas Lane 10- 83300 - 110 -02 1 $686 $686 1491 Thomas Lane 10- 83300 - 120 -02 1 $686 $686 Subtotal 12 $8,232 Walden Heights 1st Addition - Block 3 Outlot B — City of Eagan 10- 83300 - 020 -00 2 $686 $1,372 1468 Thomas Lane 10- 83300 - 010 -03 1 $686 $686 1470 Thomas Lane 10- 83300 - 020 -03 1 $686 $686 1472 Thomas Lane 10- 83300 - 030 -03 1 $686 $686 1474 Thomas Lane 10- 83300 - 040 -03 1 $686 $686 1476 Thomas Lane 10- 83300 - 050 -03 1 $686 $686 1478 Thomas Lane 10- 83300 - 060 -03 1 $686 $686 4773 Richards Lane 10- 83300 - 070 -03 1 $686 $686 4779 Richards Lane 10- 83300 - 080 -03 1 $686 $686 1484 Thomas Lane 10- 83300 - 090 -03 1 $686 $686 1486 Thomas Lane 10- 83300 - 100 -03 1 $686 $686 4698 Walden Drive 10- 83300 - 110 -03 1 $686 $686 Appendix.B - City Project No. 913 Preliminary Assessment Roll Walden Heights/ Twin View Manor/ Hillcrest Additions Street Overlay 55' 4706 Walden Drive 10- 83300 - 120 -03 1 $686 $686 4714 Walden Drive 10- 83300 - 130 -03 1 $686 $686 4722 Walden Drive 10- 83300 - 140 -03 1 $686 $686 4730 Walden Drive 10- 83300 - 150 -03 1 $686 $686 4736 Walden Drive 10- 83300 - 160 -03 1 $686 $686 4740 Walden Drive 10- 83300 - 170 -03 1 $686 $686 4739 Walden Drive 10- 83300 - 180 -03 1 $686 $686 4731 Walden Drive 10- 83300 - 190 -03 1 $686 $686 4723 Walden Drive 10- 83300 - 200 -03 1 $686 $686 4715 Walden Drive 10- 83300 - 210 -03 1 $686 $686 4707 Walden Drive 10- 83300 - 220 -03 1 $686 $686 4699 Walden Drive 10- 83300 - 230 -03 1 $686 $686 1490 Thomas Lane 10- 83300 - 240 -03 1 $686 $686 1492 Thomas Lane 10- 83300 - 250 -03 1 $686 $686 Subtotal 27 $18,522 Hillcrest 1st Addition - Block 1 1408 Rebecca Lane 10- 32975- 010 -01 1 $686 $686 1412 Rebecca Lane 10- 32975- 020 -01 1 $686 $686 1416 Rebecca Lane 10- 32975- 030 -01 1 $686 $686 1420 Rebecca Lane 10- 32975- 040 -01 1 $686 $686 1424 Rebecca Lane 10- 32975- 050 -01 1 $686 $686 1428 Rebecca Lane 10- 32975- 060 -01 1 $686 $686 1432 Rebecca Lane 10- 32975- 070 -01 1 $686 $686 4868 Richard Lane 10- 32975- 080 -01 1 $686 $686 4872 Richard Lane 10- 32975- 090 -01 1 $686 $686 4876 Richard Lane 10- 32975 - 100 -01 1 $686 $686 4878 Richard Lane 10- 32975- 110 -01 1 $686 $686 4879 Richard Lane 10- 32975 - 120 -01 1 $686 $686 4877 Richard Lane 10- 32975 - 130 -01 1 $686 $686 4875 Richard Lane 10- 32975 - 140 -01 1 $686 $686 4871 Richard Lane 10- 32975- 150 -01 1 $686 $686 4867 Richard Lane 10- 32975- 160 -01 1 $686 $686 4863 Richard Lane 10- 32975 - 170 -01 1 $686 $686 4859 Richard Lane 10- 32975 - 180 -01 1 $686 $686 4855 Richard Lane 10- 32975- 190 -01 1 $686 $686 4851 Richard Lane 10- 32975- 200 -01 1 $686 $686 4847 Richard Lane 10- 32975- 210 -01 1 $686 $686 4839 Richard Lane 10- 32975- 220 -01 1 $686 $686 4831 Richard Lane 10- 32975- 230 -01 1 $686 $686 ,5 4823 Richard Lane 10- 32975- 240 -01 1 $686 $686 4815 Richard Lane 10- 32975- 250 -01 1 $686 $686 4807 Richard Lane 10- 32975- 260 -01 1 $686 $686 4797 Richard Lane 10- 32975- 270 -01 1 $686 $686 4791 Richard Lane 10- 32975- 280 -01 1 $686 $686 4785 Richard Lane 10- 32975- 290 -01 1 $686 $686 Subtotal 29 $19,894 Hillcrest 1st Addition - Block 2 1421 Rebecca Lane 10- 32975- 010 -02 1 $686 $686 1425 Rebecca Lane 10- 32975- 020 -02 1 $686 $686 1429 Rebecca Lane 10- 32975- 030 -02 1 $686 $686 4858 Richard Lane 10- 32975- 040 -02 1 $686 $686 4854 Richard Lane 10- 32975- 050 -02 1 $686 $686 4848 Richard Lane 10- 32975- 060 -02 1 $686 $686 Subtotal 6 $4,116 Hillcrest 1st Addition - Block 3 1407 Rebecca Lane 10- 32975- 010 -03 1 $686 $686 1411 Rebecca Lane 10- 32975- 020 -03 1 $686 $686 1415 Rebecca Lane 10- 32975- 030 -03 1 $686 $686 Subtotal 3 $2,130 4737 Eriks Boulevard 10- 03300 - 010 -03 1 $686 $686 4765 Pilot Knob Rd 10- 03300 - 030 -03 1 $686 $686 Subtotal 2 $2,058 Twin View Manor 1st Addition - Block 1 Access onto Pilot Knob Road - No Assessment Twin View Manor 1st Addition - Block 2 4774 Eriks Boulevard 10- 78200 - 010 -02 1 $686 $686 1415 Dolores Lane 10- 78200 - 020 -02 1 $686 $686 Subtotal 2 $1,372 Twin View Manor 1st Addition - Block 3 4796 Eriks Boulevard 10- 78200 - 010 -03 1 $686 $686 4804 Eriks Boulevard 10- 78200 - 021 -03 1 $686 $686 4814 Eriks Boulevard 10- 78200 - 030 -03 1 $686 $686 S� 4824 Eriks Boulevard 10- 78200 - 041 -03 1 $686 $686 4834 Eriks Boulevard 10- 78200 - 050 -03 1 $686 $686 4844 Eriks Boulevard 10- 78200 - 060 -03 1 $686 $686 Subtotal 6 $4,116 4765 Eriks Boulevard 10- 78200 - 070 -04 1 $686 $686 4775 Eriks Boulevard 10- 78200 - 081 -04 1 $686 $686 4785 Eriks Boulevard 10- 78200 - 090 -04 1 $686 $686 1445 Dolores Lane 10- 78200 - 180 -04 1 $686 $686 Subtotal 4 $2,744 Twin View Manor 1st Addition - Block 5 4795 Eriks Boulevard 10- 78200 - 010 -05 1 $686 $686 4805 Eriks Boulevard 10- 78200 - 020 -05 1 $686 $686 4815 Eriks Boulevard 10- 78200 - 030 -05 1 $686 $686 4825 Eriks Boulevard 10- 78200 - 040 -05 1 $686 $686 4835 Eriks Boulevard 10- 78200 - 050 -05 1 $686 $686 4845 Eriks Boulevard 10- 78200 - 060 -05 1 $686 $686 No Address 10- 78200 - 070 -05 1 $686 $686 4804 Richard Lane 10- 78200- 081 -05 1 $686 $686 4814 Richard Lane 10- 78200 - 090 -05 1 $686 $686 4824 Richard Lane 10- 78200 - 100 -05 1 $686 $686 4834 Richard Lane 10- 78200 - 110 -05 1 $686 $686 4844 Richard Lane 10- 78200 - 120 -05 1 $686 $686 Subtotal 12 $8,232 Twin View Manor 2nd Addition - Block 1 1465 Richards Court 10- 78201- 010 -01 1 $686 $686 1461 Richards Court 10- 78201- 020 -01 1 $686 $686 1457 Richards Court 10- 78201- 030 -01 1 $686 $686 1453 Richards Court 10 -78201 - 040 -01 1 $686 $686 1450 Richards Court 10- 78201 - 050 -01 1 $686 $686 1454 Richards Court 10- 78201 - 060 -01 1 $686 $686 1458 Richards Court 10- 78201- 070 -01 1 $686 $686 1462 Richards Court 10- 78201 - 080 -01 1 $686 $686 1466 Richards Court 10- 78201 - 090 -01 1 $686 $686 No Address 10- 78201- 100 -01 1 $686 $686 4755 Eriks Boulevard 10- 78201 - 110 -01 1 $686 $686 Subtotal 11 $7,546 TOTAL 117 $80,280 SS" DIFFLEY Metcalf . High Stoll J e A<A* A %Al Eif A !mu p Aris pA a •gpt 4 la�o�e���ocano� G:Feasibility Reports2004 \Walden_Heights_913 /location mop APPLE VALLEY 10 -28 -03 '<j— City of Eagan Walden Heights, Twin View Manor & Hillcrest Additions Location Map City Project - 913 Fig. 1 N Fi G:Feosibility Reports2005\Proj913\StreetImprov / NO SCALE u_ OUTLOT 6 491 4879 1 mg BE tr 4804 48051 z 48E4 4834 jun 4844 Fs, trir 407 r1, w 4871 1408 AY CLIFF ROAD BIN MEM MN 4865 co 0 _J LEGEND ASSESSMENT AREA STREET IMPROVEMENTS STORM MITIGATION LOCATIONS 10-26-04 City of Eagan Walden Heights, Twin View Manor & Hillcrest Additions Street Improvements / Area Assessment Map City Project 913 Fig. 2 EDGE MILL (6' -8' wide) Typ. 60' ROW 32' (F —F) 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 60' ROW 32' (F —F) 11/2' TYPE 41 BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section EX. D412 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED G: FeosibilityReports2005 \Wolden_Heights_913 \typical sections 10 - 11 - 04 C )4 City of Eagan Walden Heights, Twin View Manor & Hillcrest Additions Typical Sections - Project 913 Fig. 3 C,1 1 0 GVO 80N>i 10 tn 1— UJ 0 2 14.1 CC _J 0 0 0 ct UJ V) I— LL) LIJ t.t 0 cro 0 0 0 Jt x w 0 7- 0 0 > b o 0 6 2 CS•Z01. :33AS on 0 M D0 z r— — V) M - Z o Li O LJ CC V C) SL+S :SDA8 rot :33A3 06+4 SD/k3 OSTZ01. A.313 02+4 Y1S 06T2Ot :30A8 OS-Pr :SDAEI _0.27..rat.23D3 02+4 :SOA3 C1Z+V , SDAS 1 117'2D1 :30k3 1 ... • . 4 •M • 1 • -cc • ' ZO•ZZOI •30./ ' SL+9 :53A: JR:1201- . . ' 80'201 " .0:0ZOL . • 6tretOt " • 05 • • . . 2. 0 • ?, • • WOOL ' • . Z: OZOL ........ 6rIZO t o . . . • D9=01 • • ' gr£Z01. • ' • L:4Z01 " 49T201. ' • • SIg201. . . at ' . . • WEZDI. • ' ........ ' ZO•tt01. " ........ ........ • grEt•01 ' • . . 66001. • o 0 r-- 0 0 0 0 0 0 0 . r‘ o (-) 0 r ?Lc 76 ( 9- 0 A- to "Cl V) 0 0 CI Ln mcc<ca cg r O J D O cD Z O CD W F — 0 0 0 LJJ 1) .0 J CC U z 0 co w 0 (D p— a a M. \ A „44,t, Wow— \?,.; `'L` 1 l / w 1 - - - - - -- Z V I- a Crl CL 0 --I Z_ a M O w; r LH/NA w 0 2 (/) w a f b'';H O I ?=I O 0 W m O J w LIJ CO Ci_ CC CC a \ D R Z > U N w cc m cc Om Z w = W - f 0_U Oda n • 1 ■VIIIIREIM 1 A l8 SNIel 0 0 0 L 63 c 0 o1 „Z O • • • • • • tom • : Y7 .0 :: . • 0 0 0 . • l: ......L- -SS ::I —09 :0001: ANI :1 • 5O'90O1: -00 +0 SSX•3• 0 0 • 0' : Ql 0.1 Z 1 — 96 r L001: 'A il • • • • • ::8t"S001 • • mei : 8 e: + • . : • • •SUSOOI glee . S -SS „ 1 D33"0OU1TA■1 : : ::60 '.SOO L :1116 • • • • • .... 00 - • S:S :X3 - 6'ZOO. ::'ANI 5001. • 1A112:1 937 :: Z -SS ::: 0 �.0 . Pr: N ©: N 0 0 0 r -- :6 0 0) O7 0 CITY PROJECT NO 913 INFORMATIONAL NEIGHBORHOOD MEETING WALDEN HEIGHTS/ TWIN VIEW MANOR/ HILLCREST ADDITIONS STREET IMPROVEMENTS TUESDAY, NOVEMBER 9, 2004 6:00 P.M. COMMUNITY ROOM Attendance: John Gorder, Assistant City Engineer, 15 residents representing 14 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. Gorder provided further information on the proposed July 2000 storm mitigation improvements on Dolores Lane, Erik's Boulevard and Richard Lane. B. Questions/ Comments • Discussion occurred regarding the proposed July 2000 Storm Mitigation improvements. • The storm work seems disruptive and expensive. Is it necessary? A home on Thomas Lane was impacted by slope erosion caused by storm runoff from areas uphill from it, including excess runoff from the Dolores Lane, Erik's Boulevard, and Richard Lane. The proposed improvements would significantly reduce the amount of runoff directed toward this property, in a large rain event similar to the July 2000 storm. The improvements redirect runoff into existing and proposed storm sewers, and overland toward Pilot Knob Road. • Why re -grade the street if you are putting in new storm sewer on Dolores Lane? While the new storm sewer will help, it can't be designed to handle a storm event like that of July 2000. There isn't capacity in the existing system it would be connected to. The re- grading of the street provides the emergency overflow capacity needed to handle the extreme event rainfalls. • My driveway on Dolores Lane would be lowered, how would that be handled? To redirect overland flow east to Pilot Knob Road, the street grades on a significant portion of Dolores Lane, and portions of Erik's Boulevard, would be revised, mainly lowered. Dolores Lane, at 4796 Erik's Boulevard and 1415 Dolores Lane, would be lowered about 1 '/z feet. Driveway re- grading and restoration to City standards would be required. • I don't see the need for the street work. The streets are in good shape. Gorder explained the condition ratings. The current weighted Pavement Condition Index rating of the neighborhood is 62. This rating is just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age where, based on the City's past experience and regional data, the integrity of the pavement can rapidly decline if no improvements are performed. Gorder reminded the residents of the public hearing 6:30 p.m., Tuesday, November 16 in the City Council Chambers. The meeting adjourned at 6:55 p.m. F: \GROUP\ENGINEER\Russ MatthysVO4 Wise \Minutes - 916 Walden etal.doc 6 �f NAME 3. 4. 2. ( 6. a 7. jePZ it 8. .:, tJ,v 9. Lc4,n 10. G c�'� \/ [ to' etl 11. 12. 15. 16. 17. 18. 19. 20. NEIGHBORHOOD MEETING WALDEN HEIGHTS /TWIN VIEW MANOR/HILLCREST ADDN PROJECT 913 i/iliS "Ce;L[, { 13. `ry?c';,iLC � ic / \ f 14. i I /v �� , � �) L. G: FORMS /SIGN -IN. Sheet TUESDAY, NOVEMBER 9, 2004, 6:00 P.M. 65 ADDRESS ; ' J 7 $ L":; lc A,LV cam7 c i " u76?6; 'tip 77e" C"'" ejL 2 1 : `17s V)--c/ NY Tkono i /7 / S i (T-t /. r S. L.r- Agenda Memo November 16, 2004 C. PROJECT 916, ST. FRANCIS WOODS 1 — 3 5 ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 916 (St. Francis Woods 1 St - 3 rd / 5 th Additions — Street Overlay) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 67 miles of local streets. • The resurfacing of Widgeon Way, Tananger Court, Flicker Circle, Mourning Dove Court, and Woodthrush Court all within St. Francis Woods 1 St_ 3 rd/ Stn Additions neighborhood, has been programmed for 2005 in the City's 5 -Year Capital Improvement Program. In September, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 1, 2004, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within St. Francis Woods 1 3 5 located south of Deerwood Drive, west of Lexington Avenue. • On October 19, 2004, the feasibility report for Project 916 was presented to the City Council and a Public Hearing was scheduled for November 16 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 9 in the City Hall Conference Room 1 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 91 total residential properties proposed to be assessed under this improvement, 9 persons representing 8 properties (9 %) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • The southerly end of Widgeon Way incorporates a private cul -de -sac (cds) which is not included in this improvement project. However, the townhome properties that are located on this c -d -s are included in the proposed assessment roll because this private drive takes direct access to the Widgeon Way public street. The homeowners association will be meeting on Tuesday, Nov. 16 to discuss this issue and may want to address it during the public hearing. ATTACHMENTS: • Feasibility Report, pages 6j7through at . • Neighborhood Meeting Minutes, pagesg 9through g8. 66 city OF =gm Report for St. Francis Woods l st — 3rd / 5th Additions Neighborhood Street Revitalization City Project No. 916 d Eagan, Minnesota November, 2004 PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122 -1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.ciryofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community city of eagan November 10, 2004 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: St. Francis Woods 1 -3 / 5th Additions Street Improvements City Project No. 916 Dear Mayor and City Council: Attached is our report for the St. Francis Woods 1 — 3rd • 5 Additions Street Improvements, City Project No. 916. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, T 4 John P. Gorder Assistant City Engineer Reviewed De.' artment k f Pub is Works Reviewed Finance Department I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Date: i f - / Reg. No. 22813 Date: /7 /l —/ y Date: I ( " -• - Letter of Transmittal/Certification Table of Contents Page Introduction 2 Scope 4 Feasibility and Recommendations 4 Street Evaluation 5 Proposed Improvements .5 Easements/Permits 7 Cost Estimate 7 Assessments . 7 Low Density Residential 8 Assessment Financing Options 8 Revenue Source 9 Project Schedule 10 LIST OF APPENDICES Appendix A Preliminary Appendix B Preliminary Appendix C Figures Cost Estimate Assessment Roll TABLE OF CONTENTS 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Overlay 6 9 November 2004 Street Improvement Report St. Francis Woods 1 st — 3 rd / 5 Additions Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 0.7 miles of 32' wide streets within the St. Francis Woods 1 st _ 3rd 5th Additions neighborhood area are identified for street overlay improvements in 2005. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed in 1979 and 1982, as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently in the 23 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. St. Francis Woods 1" :''15 " Additions Page 1 Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood were seal coated in 1986 and 1992. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 0.7 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is replacement of the damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, and water gate valves. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride - ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. Si. 1'r<;n is Woods 1 " - - 3 j /5 ' Additions P a g e 2 '7( This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2005 — 2009) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance /Crack Seal /Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct -, , St. 1?r,:r;ois Woods 1`' -- ; :, ;u�t.itic)n P c 3 The 2004 PCI rankings for St. Francis Woods 1 st — 3rd / 5 °i Additions has a neighborhood weighted average pavement condition rating of 51 which falls in the rankings of the "Patch/Repair and/or Overlay" category. The PCI ratings are on the upper limits of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2005 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavements may be reduced, and a more expensive full recycle/ reconstruction may be required. 17 Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street sections consist of a 3" bituminous pavement supported by 6" — 12" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1 %2 -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. St. Franci.s Woods i `.dtl_llols Page 4 '73 Concrete Curb & Gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 18% (0.3 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. Signage - Traffic control and street identification signage will be replaced if the reflectivity has diminished, support posts have deteriorated, or if the signs or posts no longer meet City standards. Easement /Permits Cost Estimate Example of a recent street overlay project in Eagan (Oak Chase 6 /Ches Mar East, 2002) All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2005 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay $103,430 • Repair Existing Concrete Curb & Gutter $48,460 Total $151,890 St. Pruneis Additions Page 5 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Mill and Overlay • Low Density Residential (R- 1,2,3) Repair Existing Concrete Curb and Gutter Low Density Residential Lots (R -1, R -2, R -3) This neighborhood consists entirely of single - family residential homes. All residential equivalent properties (76 total, 24 townhomes at 75% lot equivalents, 58 single - family lots) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet). Townhome units are assessed at 75% the rate of a single - family residential lot. The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $672 per Single Family Lot and is calculated as follows: 1) $103,430 (Total Mill & Overlay Cost) x 50% x 98.8% of total street frontage = $51,095 Residential Assessment (R1, 2, 3) 2) $51,095 (Residential Assessment) -> $672/ lot 76 Equivalent Single Family Residential Lots 3) Town house => 75% of a SF Lot (0.75 x $672/ lot) = $504/ Townhouse Unit St. Yantis 'odds 1" r Additions Page '7S Assessment Ratio Property City 50% 50% 0% 100% Lots 6 -10 and 12 -15, Block 2 St. Francis Woods 5 Addition (3679 through 3695 Widgeon Way Assessment Lots 6 -10 and 12 -15, Block 2 St. Francis Woods 5 Addition (3679 through 3695 Widgeon Way, 9 townhome properties) take street access to a private street cul -de -sac. These properties are proposed to be assessed based their common frontage (100 feet, or 1.2% of total frontage) to the public portion of Widgeon Way. 1) $103,430 (Total Mill & Overlay Cost) x 50% x 1.2% _ $620 2) $620/ 9 properties = $70/ property Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single - family home based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $672 Townhome Lot = $504 St. Fr cis Woods 1" dcitions Pagc `I6 Principal Per Year Interest Per Year Cost Per Year First Year $101 $25 $126 Fifth Year $101 $5 $106 Lots 6 -10 and 12 -15, Block 2 St. Francis Woods 5 Addition (3679 through 3695 Widgeon Way Assessment Lots 6 -10 and 12 -15, Block 2 St. Francis Woods 5 Addition (3679 through 3695 Widgeon Way, 9 townhome properties) take street access to a private street cul -de -sac. These properties are proposed to be assessed based their common frontage (100 feet, or 1.2% of total frontage) to the public portion of Widgeon Way. 1) $103,430 (Total Mill & Overlay Cost) x 50% x 1.2% _ $620 2) $620/ 9 properties = $70/ property Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single - family home based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $672 Townhome Lot = $504 St. Fr cis Woods 1" dcitions Pagc `I6 Principal Per Year Interest Per Year Cost Per Year First Year $135 $34 $169 Fifth Year $135 $7 $142 Lots 6 -10 and 12 -15, Block 2 St. Francis Woods 5 Addition (3679 through 3695 Widgeon Way Assessment Lots 6 -10 and 12 -15, Block 2 St. Francis Woods 5 Addition (3679 through 3695 Widgeon Way, 9 townhome properties) take street access to a private street cul -de -sac. These properties are proposed to be assessed based their common frontage (100 feet, or 1.2% of total frontage) to the public portion of Widgeon Way. 1) $103,430 (Total Mill & Overlay Cost) x 50% x 1.2% _ $620 2) $620/ 9 properties = $70/ property Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single - family home based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $672 Townhome Lot = $504 St. Fr cis Woods 1" dcitions Pagc `I6 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $100,175 (66% of total). St. Francis Woods 1 — 3` /5 Additions Page 8 27 Project Cost Property Assessment City Contribution Mill and Overlay $103,430 $51,715 ($51,715) Repair Existing Curb $48,460 -0- ($48,460) Totals $151,890 $51,715 ($100,175) Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $100,175 (66% of total). St. Francis Woods 1 — 3` /5 Additions Page 8 27 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing October 19, 2004 Neighborhood Meeting November 9, 2004 Public Hearing November 16, 2004 Approve Plans and Specifications January, 2005 Award Contract February, 2005 Project Completion July 31, 2005 Final Cost Report September, 2005 Final Assessment Hearing Fall, 2005 First Payment Due with Property Tax Statement May 15, 2006 St. Francis Woods I — 3' /5 Additions Page 9 7� Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 5,600 $1.15 $6,440 Type 41 Wear Course Mixture Ton 1,400 $36.00 $50,400 Bituminous Material for Tack Coat Gal. 800 $2.00 $1,600 Adjust Valve Box Each 8 $175.00 $1,400 Repair Valve Top Section Each 3 $275.00 $830 Adjust Frame & Ring Casting (Manhole) Each 20 $400.00 $8,000 Traffic Control L.S. 1 $1,000.00 $2,000 Replace Traffic & Street Signs L.S. 1 $1,600.00 $1,600 Subtotal $75,770 + 5% Contingencies $3,790 Subtotal $79,560 + 30% Indirect Costs $23,870 TOTAL $103,430 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 1,300 $5.00 $6,500 D412 Concrete Curb and Gutter L.F. 1,300 $15.00 $19,500 Adjust Frame & Ring Casting (C.B) Each 9 $300.00 $2,700 Sod w /Topsoil S.Y. 350 $12.00 $4,200 Bituminous Driveway Patching S.Y. 100 $26.00 $2,600 Subtotal $35,500 + 5% Contingencies $1,780 Subtotal $37,280 + 30% Indirect Costs $11,180 TOTAL $48,460 Appendix A - Street Overlay - City Project No. 916 Preliminary Cost Estimate St. Francis Woods 1 — 3 rd • 5th Additions I. Bituminous Street Overla '79 TOTAL PROJECT COST $151,890 Parcel (Single Family) St. Francis Woods 1st - 3rd P.I.N. Lot Unit & 5 Addition Equivalent Assessment Total St. Francis Woods 1st and 2nd Addition - Block 1 3603 Widgeon Way 10- 65900- 010 -01 1 $672 $672 3607 Widgeon Way 10- 65900- 020 -01 1 $672 $672 1235 Tananger Court 10- 65900- 030 -01 1 $672 $672 1241 Tananger Court 10- 65900- 040 -01 1 $672 $672 1247 Tananger Court 10- 65900- 050 -01 1 $672 $672 1248 Tananger Court 10- 65900- 060 -01 1 $672 $672 1242 Tananger Court 10- 65900- 070 -01 1 $672 $672 1236 Tananger Court 10- 65900- 080 -01 1 $672 $672 1230 Tananger Court 10- 65900- 090 -01 1 $672 $672 1224 Tananger Court 10- 65900 - 100 -01 1 $672 $672 1221 Flicker Circle 10- 65900- 110 -01 1 $672 $672 1227 Flicker Circle 10- 65900 - 120 -01 1 $672 $672 1233 Flicker Circle 10- 65900- 130 -01 1 $672 $672 1239 Flicker Circle 10- 65900- 140 -01 1 $672 $672 1245 Flicker Circle 10- 65900- 150 -01 1 $672 $672 1246 Flicker Circle 0 10- 65900- 160 -01 1 $672 $672 1240 Flicker Circle 10- 65900- 170 -01 1 $672 $672 1234 Flicker Circle 10- 65900 - 180 -01 1 $672 $672 3623 Widgeon Way 10- 65900 - 190 -01 1 $672 $672 1219 Mourning Dove Ct. 10- 65900- 200 -01 1 $672 $672 1231 Mourning Dove Ct. 10- 65900- 210 -01 1 $672 $672 1237 Mourning Dove Ct. 10- 65900- 220 -01 1 $672 $672 1243 Mourning Dove Ct. 10- 65900- 230 -01 1 $672 $672 1249 Mourning Dove Ct. 10- 65900- 240 -01 1 $672 $672 1250 Mourning Dove Ct. 10- 65900- 250 -01 1 $672 $672 1244 Mourning Dove Ct. 10- 65900- 260 -01 1 $672 $672 1238 Mourning Dove Ct. 10- 65900- 270 -01 1 $672 $672 1232 Mourning Dove Ct. 10- 65900- 280 -01 1 $672 $672 1226 Mourning Dove Ct. 10- 65900- 290 -01 1 $672 $672 Appendix B - City Project No. 916 Preliminary Assessment Roll St. Francis Woods 1 — 3rd � 5th Additions Street Overlay ?io 1220 Mourning Dove Ct. 10- 65900- 300 -01 1 $672 $672 3637 Widgeon Way 10- 65901 - 010 -01 1 $672 $672 3641 Widgeon Way 10- 65901- 020 -01 1 $672 $672 3645 Widgeon Way 10- 65901- 030 -01 1 $672 $672 3649 Widgeon Way 10- 65901- 040 -01 1 $672 $672 3653 Widgeon Way 10- 65901- 050 -01 1 $672 $672 3665 Widgeon Way 10- 65901- 060 -01 1 $672 $672 3669 Widgeon Way 10- 65901- 070 -01 1 $672 $672 Subtotal 37 $24,864 St. Francis Woods 1st and 2nd Addition - Block 2 3602 Widgeon Way 10- 65900- 070 -02 1 $672 $672 3606 Widgeon Way 10- 65900- 080 -02 1 $672 $672 3610 Widgeon Way 10- 65900- 090 -02 1 $672 $672 3614 Widgeon Way 10- 65900- 100 -02 1 $672 $672 3616 Widgeon Way 10- 65900- 110 -02 1 $672 $672 3618 Widgeon Way 10- 65900- 120 -02 1 $672 $672 3622 Widgeon Way 10- 65900- 130 -02 1 $672 $672 3626 Widgeon Way 10- 65900 - 140 -02 1 $672 $672 3630 Widgeon Way 10- 65900 - 150 -02 1 $672 $672 3638 Widgeon Way 10- 65901- 010 -02 1 $672 $672 3644 Widgeon Way 10- 65901- 020 -02 1 $672 $672 3650 Woodthrush Court 10- 65901- 030 -02 1 $672 $672 3652 Woodthrush Court 10- 65901- 040 -02 1 $672 $672 3654 Woodthrush Court 10- 65901- 050 -02 1 $672 $672 3656 Woodthrush Court 10- 65901- 060 -02 1 $672 $672 3658 Woodthrush Court 10- 65901- 070 -02 1 $672 $672 3660 Woodthrush Court 10- 65901- 080 -02 1 $672 $672 3662 Woodthrush Court 10- 65901- 090 -02 1 $672 $672 3664 Woodthrush Court 10- 65901 - 100 -02 1 $672 $672 3666 Woodthrush Court 10- 65901- 110 -02 1 $672 $672 3668 Widgeon Way 10- 65901- 120 -02 1 $672 $672 Subtotal 21 $14,112 St. Francis Woods 3rd Addition - Block 1 3671 Widgeon Way 10- 65902- 010 -01 0.75 $672 $504 3673 Widgeon Way 10- 65902- 020 -01 0.75 $672 $504 3675 Widgeon Way 10- 65902- 030 -01 0.75 $672 $504 3677 Widgeon Way 10- 65902- 040 -01 0.75 $672 $504 Subtotal 3 $2,016 8/ St. Francis Woods 3rd Addition - Block 2 3670 Widgeon Way 10- 65902- 010 -02 0.75 $672 $504 3672 Widgeon Way 10- 65902- 020 -02 0.75 $672 $504 3674 Widgeon Way 10- 65902- 040 -02 0.75 $672 $504 3676 Widgeon Way 10- 65902- 050 -02 0.75 $672 $504 3678 Widgeon Way 10- 65902- 060 -02 0.75 $672 $504 3680 Widgeon Way 10- 65902- 070 -02 0.75 $672 $504 Subtotal 4.5 $3,024 St. Francis Woods 5th Addition - Block 1 3682 Widgeon Way 10- 65904- 010 -01 0.75 $672 $504 3684 Widgeon Way 10- 65904- 020 -01 0.75 ' $672 $504 3686 Widgeon Way 10- 65904- 030 -01 0.75 $672 $504 3688 Widgeon Way 10- 65904- 040 -01 0.75 $672 $504 3690 Widgeon Way 10- 65904- 060 -01 0.75 $672 $504 3692 Widgeon Way 10- 65904- 070 -01 0.75 $672 $504 3694 Widgeon Way 10- 65904- 080 -01 0.75 $672 $504 3696 Widgeon Way 10- 65904- 090 -01 0.75 $672 $504 3698 Widgeon Way 10- 65904 - 100 -01 0.75 $672 $504 Subtotal 6.75 $4,536 St. Francis Woods 5th Addition - Block 2 3697 Widgeon Way 10- 65904- 010 -02 0.75 $672 $504 3699 Widgeon Way 10- 65904- 020 -02 0.75 $672 $504 3701 Widgeon Way 10- 65904- 030 -02 0.75 $672 $504 3703 Widgeon Way 10- 65904- 040 -02 0.75 $672 $504 3705 Widgeon Way 10- 65904- 050 -02 0.75 $672 $504 Subtotal 3.75 $2,520 SUBTOTAL 76 $51,095 Parcel P.I.N. Assessment Lots 6 -10, Lots 12 -15, Block 2, St. Francis Woods 5 Addition 3695 Widgeon Way 10- 65904- 060 -02 $70 3693 Widgeon Way 10- 65904- 070 -02 $70 3691 Widgeon Way 10- 65904- 080 -02 $70 3689 Widgeon Way 10- 65904- 090 -02 $70 3687 Widgeon Way 10- 65904- 100 -02 $70 3685 Widgeon Way 10- 65904- 120 -02 $70 F02 3683 Widgeon Way 10- 65904- 130 -02 $70 3681 Widgeon Way 10- 65904 - 140 -02 $70 3679 Widgeon Way 10- 65904- 150 -02 $70 Subtotal $620 TOTAL ASSESSMENT $51,715 83 ib / if 1 il lu ° IVER BLUFF D pUALD MILLS DR CO RD $K E DR F1� RD OUT RIDGE SKVLME RD LONE OAK ROAD P10 lob kmwI ry Scholl 0 0 cc 0 z f— O J 1 PROMENADER DIFFLEY ROAD ( LONE OAK ROAD (CO. RD 26) YANKEE DOODLE ROAD WESCOTT ROAD r r Project Location ma k WOOD DR 1� J j 1i r G:Feasibility Reports2005 \St._Francis_Woods 916 /location mop ry s 10 -11 -04 c > City of Eagan St. Francis Woods 1st-3rd/5th Additions Location Map City Project - 916 Fig. 1 N W E S NO SCALE C: Feasibility Reports2005 \Proj913 \Streetlmprov p 111245, • IR ' 1234 :� 1246 1240 `11231 1219 124 , ■ 1237 0 IN 1249 `N �1 I M. ■ . . Mr IN 4 - 1250 /.-- � 1� 1244 36 3638 3644 3641 3645 • N, 36 3679 ! � �, f � 3694; 3685 ^ 37D1 • n P 3696 37D 3'•`! n n m 3705, 3698 1 LEGEND ASSESSMENT AREA STREET IMPROVEMENTS PRIVATE STREET 10 -11 -04 c City of Eagan St. Francis Woods 1st-3rd/5th Additions Street Improvements / Area Assessment Map City Project 916 Fig. 2 EDGE MILL (6' -8' wide) Typ. �\ 60' ROW 32' (F —F) 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 60' ROW 2' (F —F) — 11/2" TYPE 41 BITUMINOUS OVERLAY — BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section EX. D412 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED G: FeasibilityReports2005 \St_Francis_Woods_916 \typical sections 10 - 11 - 04 4()I City of Eagan St. Francis Woods 1 st- 3rd /5th Additions Typical Sections - Project 916 Fig. 3 �6 CITY PROJECT NO 916 INFORMATIONAL NEIGHBORHOOD MEETING ST. FRANCIS WOODS 1 ST — 3RD/ 5TH ADDITIONS STREET IMPROVEMENTS TUESDAY, NOVEMBER 9, 2004 7:00 P.M. COMMUNITY ROOM Attendance: John Gorder, Assistant City Engineer, 9 residents representing 8 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • The assessment of the townhomes, and the possible maintenance overlay, on the private portion of Widgeon Way was discussed. The townhome association will meet on November 16 to discuss their options of City assessment or association funding of the overlay on the private street. • The majority of the townhome residents are "empty nesters" or single residents, and generate very little traffic. Why should they pay 75% of a single - family rate? The City's Special Assessment policy of a 75% rate for townhomes is based on local and national traffic generation estimates for townhome units and single- family homes, not neighborhood - specific situations. The City has been consistent on this policy through the years of the street rehabilitation program. • You mentioned curb replacement in front of driveways. There are 3 paver brick driveways in the neighborhood. How will those be handled with the curb work? If the project is approved, the City contract plans and specifications will be prepared to accommodate replacement of the paver driveways, if adjacent curb work is required. • There was a water main break in the center of Mourning Dove Court where the pavement holds water. Can this be fixed with this project? Yes. City staff will ensure that proper drainage off the street to the curbs is provided. • There are some areas of curb that don't drain properly. City staff reviews the curb and gutter, preferably after rainfalls. The proposed project replaces curb and gutter sections that don't drain properly. The meeting adjourned at 8:00 p.m. F: \GROUP\ENGINEER\Russ Matthys \'04\Misc\Minutes - 916 St Francis Woods.doc 8 7 NAME 1. r� i,� d f vi r S� Th c dcman 3. �- I m \`CcA (n S o rl 4. 1� ►-� -e t �t S' 5. OA( 6&-nef2S 6. lout 2. 7. tc . V D.A -a-c4 8. / 6. 2 l.� L 9. ' E ,, uJ ► r� 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS /SIGN - IN.Sheet NEIGHBORHOOD MEETING ST FRANCIS WOOD ADDN PROJECT 916 TUESDAY, NOVEMBER 9, 2004, 7:00 P.M. ADDRESS 360 LOI doeon 0 aR3 Mou rAf 5 Dove a+ (1.3g Mdtki - 61 Vove C 137 /9ovA /6) q g Ct r r ei j 316 W '1���,� Agenda Information Memo November 16, 2004, Eagan City Council Meeting VI. OLD BUSINESS A. PRELIMINARY SUBDVISION (SYCAMORE PLACE) — EPIC DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve a Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 single family lots, for property located north of the dead end street of Sycamore Court in the SE 1 /t of Section 36; subject to the conditions in the APC minutes. OR To adopt finding of fact for denial of the Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 single family lots, for property located north of the dead end street of Sycamore Court in the SE 1/2 of Section 36. To approve (OR direct findings of fact for denial) the proposed wetland replacement plan as presented. OR To adopt finding of fact for denial of the wetland replacement plan. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: Items in bold are new information • At the October 19, 2004 regular City Council meeting the council continued this item to the November 16, 2004 meting. The council directed this item back to the Advisory Park and Recreation Committee to review wetland impact sequencing. • The council also directed the applicant to provide more information on sequencing and wetland avoidance, the avoidance plan indicates a 7 lot subdivision would be possible. • The City's storm water management consultant, Bonestroo Engineering, conducted a review of the drainage and ponding. Their analysis of the Sycamore Place site and Pond LP -27.4 indicates: o The proposed development drainage plans are acceptable and meet both the 1% event (6" rain in 24 hours) freeboard requirements and pass the July 2000 storm event without flooding any adjacent homes. o With full development of its direct and indirect tributary area, including proposed Sycamore Place, Pond LP -27.4 provides sufficient storage for both the 1% event, with required freeboard, and for the July 2000 storm without flooding any adjacent homes. �' • On October 4, 2004, GES, Inc. conducted a field review of four wetland boundaries which had been demarcated by Peterson Environmental Consulting, Inc. (PEC) on April 25, 2003. The purpose of the review was to determine whether the staked wetland boundaries were accurate in accordance with the 1987 U.S. Army Corps of Engineers "Wetlands Delineation Manual" (Technical Report Y -87 -1, 1987). Based on our findings in the field, it is the professional opinion of GES that the four wetland boundaries were marked reasonably accurately and GES concurs with the wetland delineation conducted by PEC. • The subject site is vacant with four wetlands present. • The applicant is proposing to impact one of the wetlands by filling it. The applicant is meeting wetland replacement requirements. • The proposed cul -de -sac is 570 feet; City code allows 500 foot maximum, a variance is necessary. As proposed R -1 standards are met. • The APC held a public hearing on August 24, 2004 and is recommending approval. ISSUES: • Residents (Pines Edge 1 Addition) adjacent to the subject site have raised concerns regarding the proposed storm drainage and ponding system and its ability to handle a large rain event similar to that which occurred in July 2000. • The developers Engineer has designed the stormwater pond to the City's standard for storm water pond design is a 1% event (6" of rainfall in 24 hours). • Computer storm water modeling of the proposed storm drainage and ponding system, with a rain event similar to July 2000 (11" of rainfall in 24 hours). Even without a functioning outlet pipe, the proposed pond and wetland water level is expected to rise to elevation 951.4, or about 3 %2 feet below the lowest floor entry of the existing houses adjacent to the site. This elevation is within the public drainage & utility easement dedicated with the Pines Edge 1 Addition development. 120 DAY AGENCY ACTION DEADLINE • November 18, 2004 ATTACHMENTS (9): APC minutes on page 9/ through a Staff report on page 93 through Memo from Graham Environmental Services, Inc. without page numbers Sycamore Place Ponding Information, page_ Construction regulations and requirement: Time on page / /9 Construction regulation and requirement: Traffic Safety on page //ff Memo from applicant on avoidance on page / r� Avoidance Plan on page /02 l Wetland Monitoring Escrow e-mail on page '01 9a City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 3 B. PRELIMINARY SUBDIVISION — EPIC DEVELOPMENT A Preliminary Subdivision (Sycamore Place) of approximately six acres to create nine single family Tots, located on the Eagan /Inver Grove Hieghts border at the north end of Sycamore Drive in the SE 1/4 of Section 36. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 17, 2004. She noted the background and history. Rich Ragatz, Epic Development stated the development has been amended from previous submittals that the APrC has reviewed, to nine Tots with added wetlands. Chair Heyl opened the public hearing. Craig Murray 4812 Weston Hills Drive stated concern for storm water drainage, grading, traffic of trucks and safety of children, and the cul -de -sac variance. Deanne Parks, 4816 Weston Hills Drive stated concern for flooding on both her side of the street and the west side of the street. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder explained the wetland mitigation for this property and discussed the water height with and without an outlet. He discussed the skimmer structure connected to the drainage pipe on the west side of the property, and stated the drainage system has been successful in other parts of Eagan. Mr. Ragatz explained that the wetland mitigation is a two for one replacement. Chair Heyl inquired about the change from 23,000 cubic yards of fill to 17,000 cubic yards. Mr. Ragatz explained that the preliminary estimate was for 23,000 cubic yards of fill and has been refined to 17,000 cubic yards. He stated the hours of delivery can be restricted to decrease safety concerns. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Preliminary Subdivision (Sycamore Place) to create 9 single 94/ City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 4 family Tots and a Variance of 70 feet to the cul -de -sac length of 500 feet, on property north of Sycamore Court subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 2, 3, 4, C1, 2, 3, D1, and El 1. The property shall be platted. 2. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. This development shall dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. The park and trail dedication shall be satisfied through a cash dedication. The applicant shall fulfill required tree preservation mitigation through the installation of sixty -six (66) category A trees to be installed on site. 7. The applicant shall provide Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 8. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. A minimum wet -pond volume of 0.53 acre -feet covering an area of 0.24 acres with a maximum depth of six feet is required. All voted in favor. Motion carried 7 -0. 9� PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 2004 CASE: 36- PS- 13 -07 -04 APPLICANT: Rich Ragatz PROPERTY OWNER: Carroll Estate REQUEST: Preliminary Subdivision LOCATION: North of Dead end of Sycamore Court COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R -1, Single Family Residential SUMMARY OF REQUEST AUTHORITY FOR REVIEW Subdivision: 173 HEARING DATE: August 24, 2004 APPLICATION DATE: July 20, 2004 PREPARED BY: Sheila Cartney The applicant is requesting approval of a Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 lots on property located north of the dead end street of Sycamore Court 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. Planning Report — Sycamore Place August 24, 2004 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards _set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property is vacant and not platted. In December 2003, a similar application was submitted to subdivide the subject property into 14 single family lots. There were some discrepancies in the wetland delineation report, which then called for a Technical Evaluation Panel to discuss the issues. Once the proper wetland delineation was presented the applicant requested to use wetland banking credits, the Advisory Parks Commission was opposed to this proposal. The applicant later withdrew the application, prior to any public hearing or Council review. Planning Report — Sycamore Place August 24, 2004 Page 3 EXISTING CONDITIONS The subject site is vacant and heavily wooded. There is a wetland on -site. Sycamore Court dead ends at the beginning of the subject property's south boundary. SURROUNDING USES The property is surrounded by single family uses and low density residential. The east side of the property borders Inver Grove Heights. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject property is zoned R -1 single Family Residential and Guided LD, Low density Residential, which is consistent with the proposal and surrounding land uses. Airport Noise Considerations - The subject property is not within the airport noise contours. Density - The proposed subdivision creating 9 lots has a net density of 2.2 units /acre. The Low Density Comprehensive Plan designation allows 0 -4 units /acre; this subdivision is consistent with the Comprehensive Plan. Lots — The proposed lots range from 12,586 square feet to 71,430 square feet. The R -1 single family district requires a minimum of 12,000 square feet and 85 feet width at the setback per lot; all lots comply with the lot area and width requirements. Setbacks - R -1, setbacks apply to all lots within this development. Front yard setback of 30 feet, side yard setback of 10 feet for the principal structure and five feet for accessory structures, and a rear yard setback of 15 feet for the principal structure and five feet for accessory structures. Grading - The preliminary grading plan is acceptable with modifications. The site is relatively flat and generally slopes to an existing wetland on the west edge of the property. The developer's engineer has indicated that approximately 17,000 cubic yards of fill will need to be imported to grade the site as proposed. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain overland and/or via storm sewer pipe to the existing wetland on site (Pond LP -27.5 as designated in the City Storm Water Management Plan — 1990). The developer proposes to excavate the wetland to create an improved ponding area for water quality and runoff control. This wetland is drained by an existing storm sewer pipe to the west, within the Pines Edge 1 Addition. The developer should construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 95 Planning Report — Sycamore Place August 24, 2004 Page 4 The existing storm outlet pipe was constructed at a nearly flat slope in conjunction with the development of Pines Edge 1st Addition to the west. The proposed modifications to the wetland (Pond LP 27.5) on site are designed to provide flood storage and protection for rainfall events consistent with current City standards (termed a 1% event, 6 inches of rain in 24 hours). Additionally, the existing wetland along the north edge of the development will provide an emergency overflow for Pond LP -27.5, providing further storm storage in the event of rainfalls in excess of a 1% rainfall, including an event similar to the July 2000 storm. Residents in the adjacent Pines Edge Addition development have raised concerns to City staff regarding the impact this development will have in potentially affecting the groundwater levels on their properties. Groundwater levels are mainly affected by long -tern precipitation cycles (over months or years), not by surface or grading changes. While this development will alter the surface water runoff patterns of the property, it will not significantly affect groundwater levels in the area. Utilities- The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity is available for connection within the property. All existing well and septic systems on the site, if any, should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- Public street access for the development is proposed from the extension of the existing Sycamore Court stub street. Sycamore Court is proposed as a 570 -foot long cul -de -sac. If approved, the cul -de -sac length is a variance to the City code maximum of 500 feet. Easements/ Permits/ Right -of -Way- This development should dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. Wetlands - The APrC has reviewed wetland replacement plans for previous versions of this proposed development. At the April 19 APrC meeting, the commission unanimously recommended denial, based on a desire for the developer to make a better effort to keep the replacement wetland area in Eagan. Prior to the City Council's scheduled May 18, 2004 decision on that plan, the developer formally withdrew his application. The developer has now filed a revised wetland replacement plan application for the project. In response to the commission's concerns, this plan has less wetland impacts than previously, and all of the replacement wetland area is proposed on -site. There are four wetlands totaling 1.24 acres on the parcel. The developer is proposing to impact up to 0.33 acre of this wetland area (14,518 square feet) by filling. A proposed 0.27 acre (11,662 square feet) of wetland excavation would help to create a stormwater pond to be constructed on the site, but State wetland conservation rules do not consider excavation of this type of wetland to be an impact that requires replacement. Planning Report — Sycamore Place August 24, 2004 Page 5 To fulfill the required 2:1 replacement ratio, the developer proposes to replace the fill impact by: 1) restoring 0.53 acre (23,000 square feet) of historically filled wetland (factored at 25 percent for replacement credit purposes), 2) creating 0.28 acre (12,038 square feet) of new wetland area adjacent to existing wetland, and 3) creating at least 0.33 acre (14,518 square feet) of upland buffer area as "public value credit." The replacement plan includes a required five -year management and monitoring strategy, which would begin after completion of construction or until the Wetlands Technical Evaluation Panel is satisfied that replacement wetland is fully functional. The developer must submit annual monitoring reports to the City beginning the year after construction completion. Water Quality - This proposed 6.0 -acre single - family subdivision is located at the upper edge of the City's L- watershed. Approximately 0.3 acres of the site will drain northeast to a small pond, which appears to have been created historically. The remaining portion of the site (approximately 5.7 acres), as well as about 0.6 acres of Pines Edge 1st Addition in Inver Grove Heights to the east, will drain west to City Pond LP -27.5, a shallow, natural wetland that is connected to the City's stormwater drainage system. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). The total impervious proportion of this proposed subdivision is approximately 28.5 percent. To meet water quality requirements, a minimum wet -pond volume of 0.53 acre -feet covering an area of 0.24 acres would be needed. The pond would have a maximum depth of six feet. The developer proposes to create adequate stormwater treatment volume by excavating the natural wetland on site. As mentioned previously, state wetland conservation rules do not consider excavation of this type of wetland to be an impact that requires replacement. Tree Preservation - A tree inventory submitted with this application indicates that there are two - hundred seven (207) significant trees in the inventory. The majority of the trees are silver maples; there are also oaks, box elder, elm, black cherry, cottonwood, and willow and ash trees present. The development as proposed will result in the removal of one - hundred forty -two (142) significant trees (68.6% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single- phase, multiple - lot, single -unit residential) is set at 40% of the total significant trees. With a proposed removal more than the allowable amount, tree mitigation is required. The required tree mitigation calculates to sixty -six (66) Category A trees (or an equivalent combination of Category B and/or Category C trees). The applicant has submitted a Tree Replacement Plan that shows the installation of sixty -six (66) Category A trees. Parks and Recreation — A cash park and trail dedication is required with this development. Planning Report — Sycamore Place August 24, 2004 Page 6 Advisory Park and Recreation Commission — The APrC recommended approval of the proposed plan at their August 18, 2004 meeting. SUMMARY /CONCLUSION The applicant is requesting to subdivide 6 acres to create 9 single family lots. The proposed lots meet the minimum R -1 standards. The proposed cul -de -sac is 570 feet, the City Code allows a maximum of 500 feet, a variance is necessary for the proposed cul -de -sac. Public utilities are readily available for this development. There are four wetlands totaling 1.24 acres on the parcel. The developer is proposing to impact up to 0.33 acre of this wetland area (14,518 square feet) by filling. To fulfill the required 2:1 replacement ratio, the developer proposes to replace the fill impact by: 1) restoring 0.53 acre (23,000 square feet) of historically filled wetland (factored at 25 percent for replacement credit purposes), 2) creating 0.28 acre (12,038 square feet) of new wetland area adjacent to existing wetland, and 3) creating at least 0.33 acre (14,518 square feet) of upland buffer area as "public value credit." A tree inventory submitted with this application indicates that there are two - hundred seven (207) significant trees in the inventory. The development as proposed will result in the removal of one - hundred forty -two (142) significant trees (68.6% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single- phase, multiple -lot, single -unit residential) is set at 40% of the total significant trees. Tree mitigation is required. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Sycamore Place) to create 9 single family lots and a Variance of 70 feet to the cul -de -sac length of 500 feet, on property north of Sycamore Court; subject to the following conditions: If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, Bl, 2, 3, 4, Cl, 2, 3, D1, and El 1. The property shall be platted. 2. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. This development shall dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. 9� Planning Report — Sycamore Place August 24, 2004 Page 7 5. The park and trail dedication shall be satisfied through a cash dedication. 6. The applicant shall fulfill required tree preservation mitigation through the installation of sixty -six (66) category A trees to be installed on site. 7. The applicant shall provide Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on- site. 8. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. A minimum wet -pond volume of 0.53 acre -feet covering an area of 0.24 acres with a maximum depth of six feet is required. 99 A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the stafrs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications STANDARD CONDITIONS OF PLAT APPROVAL 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a cul -de -sac constructed in accordance with City engineering standards. /0-6 LTV'S STANDARO.CON H. Other 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 /oe Revised: February 2, 1993 FINANCIAL OBLIGATION - Sycamore Place- Preliminary Subdivision There are pay -off balances of special assessments totaling $6,247 on the parcel proposed to be subdivided. The pay -off balance will be allocated to the lots created by the Subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT Sanitary Sewer Trunk Water Trunk Storm Sewer Trunk • Total USE S.F. S.F. S.F. RATE $1,000 /Lot 1,040 /Lot .095 /Sq. Ft. QUANTITY 9 Lots 9 Lots 126,383 Sq. Ft. AMOUNT $9,000 9,360 12,006 $30,366 Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint ®CE®G 0■■: EH 5 Subject Site 1�ilt /11111 LI7,� c ETI Vr ` PI: : ::11 417 lintair- 4111141 I. " l MI It" 1 1, fe r 4., A dra ,,,VitZfh t ,;" aup / 9. f =ET ' ® Ec 10DD 0 1000 2000 Feet Development/Developer: Sycamore Place Application: Perliminary Subdivisi Case No.: 36- PS- 13 -07 -04 J03 Community Development Department Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided by Dakota County Office of GIS and Is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. N W+ E Current Zoning and Comprehensive Guide Plan Land Use Map Sycamore Place Case No. 36- PS- 13 -07 -04 Zoning Map /f mi. 1 En 1 4Po p 4* vi tir &VA VP 4 %WA Current Zoning: R -1 Single Family Residential R-1 / a'' , IP el ■�� ' '1 f' , ' " . R _ 1 4 _ _ — — iv a Ell . — I I I 1 1 600 0 600 1200 Feet IB - PF •■ l ' l 1L • 1-1 :..,yy,�� UL III P Oa . Mill Comprehensive Guide Plan Map Land Use Ma / OS * 4` * al • . ���/ � � � �� ,� 4 4ti D LD MI L .' � 111111 Current Land Use Designation: LD Low Density Residential 44 ,4 ing 4 • w : � raj ►- _ ......... QP IND MI NI 600 0 600 1200 Feet MN �O> D N Parcel base map inform on provide • • ota County Land Survey Departmert June 2001. Zo anon maintained byCity StaK City of Eagan W E 2. THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S Current Zoning and Comprehensive Guide Plan Land Use Map Sycamore Place Case No. 36- PS- 13 -07 -04 em wenetese 1 III I 1 I �, \ :::, 1 I I 1 1 ice' s'--. -- all F. I ' 1 L— i /` :� — — —1 ,r-r4 —�� ••. - w44----= f / r - ---:!" - ---,i• — := / n— y 2r - , t ('.d - - -^.L \ -v -may 5' -- - -- ems -. �\ i 1 = 7 i 1 J i I 1 ' - ;'4 1 j L--- 1 1 1 ; R X ' % � 1 j n 1 L II 1 i V1 — 4; - -s �..� -te - -_ :zr- r - � , . , i J - I,` : , i f.. .. :L 1 r.csrurta I., ws;m' LJ .. / a ' /. 7,. a „. 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A .ue / — -I �xa is 33 !MI — 1 T 1 1 1 1 I I 1 a1 O 1 ti 1 i ....0..::':'1i; :i:3 • I d r---: I T 44Y I I 1 ` , 1 � ` .. r. ,.. -... , _, r, _: . r,� / 1 ' 1 , 1--- _ .. t: j _- 1 . 1:i: r - - = i' 7 ' �.'_ " ,.;; , _ - - ' � , i 1 \ 1 , 2, \I 1 I 1 1 1 r- ' I i -- , __ 1 1 � 5 \ 1 _ r_ I l'---11-. 1 L _1 I L_s - - ' , -_; r -- l i -- ' ,i ‘ ` ; , ` I. L-1. _ `J- - L-- -1- - L - - - i 1 J u =1 _ T ---- ' r I 1 — — \ I 1 11= 1 1 1 1 i"'" u1 1 1 1 1iw•R. 1 ► 1 1 1 11 L 1 1 Preliminary Subdivision Plan: PRELIMINARY SUBDIVISION SUBMITTAL 1. Proposed subdivision name is Sycamore Place, vicinity map see attached map for details. Owner: Estate of Jacob Carroll (Yolonda Carroll Gibbs, PR) P.O. Box 16653 Chicago, IL 60616 (630) 660 -2897 Developer: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730 -2814 Surveyor/ Engineer: Randy Hedlund Hedlund Engineering 2005 Pin Oak Drive Eagan, MN 55122 (651) 405 -6600 Contact Person: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730 -2814 Preparation Date: July 20, 2004 2. See plan for benchmark, proposed subdivision boundary line is the entire site; see plan for lot boundaries, and 9 low - density single- family lots are proposed. See preliminary subdivision plan for details. 3. The site is comprised of one tax parcel. See site survey for dimensions. The site will consist of one cul -de -sac with 9 lots all on one block. 4. Sycamore Court is the proposed name of the street/ cul -de -sac with the right of way being 50 feet for the street and 110 for the cul -de -sac. 5. The site has a 40 -foot easement for sanitary sewer and water that angles through the northerly one -third of the site. 6. Due to the relatively small size of the site and the location, dedicating land for a park does not make sense. As a result, a cash payment is planned. 7. The minimum building setback lines will be: 30 foot front yard, 10 foot side yard (house side), 5 foot side yard (garage side), 15 foot rear yard. The width at minimum front yard setback will be 85 feet. C : carrollprelimsubeagan. v3 fi c ) .... i RECEIVED JUL 2 0 2004 8. Subdivision summary: Total Site Area: Right -of -Way Area: Wetland Area: Net Area: Total Number of Lots: Net Density: 9. Right -of -Way area will be just for the extension of the road and cul -de -sac. The ponding easement area will be located along the western portion of the site between proposed lots #2 and #3. It should be noted that the pond has been over -sized to store storm water over and above the required capacity to help prevent potential flooding of neighboring properties. See Drainage Plan for details. Due to the size of the subject site and its location, there will be no parkland area. Existing Conditions Plan: Preliminary Site Layout: C : carro llprelimsub eagan. v3 See Preliminary Plat Plan for details. 261,342 sq. ft. or 6.00 acres see Site Plan for details 54,014 sq. ft. or 1.24 acres see Site Plan for details 9 see Site Plan for details 1. The subject site does not currently have any streets, however, access is available off the current dead -end of Sycamore Court. 2. The site is encumbered with a 40 -foot easement for sanitary sewer and water that angles across the northerly one -third of the site. 3. The site is currently a vacant wooded site with no existing structures. 4. A good portion of the site is wooded. Will try and preserve as many mature trees as possible. See Existing Conditions Plan and legend for details. 5. The site does not have any water bodies. Four wetland basins are present on- site comprised of 1.24 acres (See Petersen Environmental reported handed in previously). The largest basin is comprised of .65 acres that is located just south of the midpoint of the western elevation of the site. This wetland is adjacent to the culvert that was supposed to drain the site, however, due to the culvert elevation and other circumstances, the culvert actually does the reverse and drains to the site. This is a problem that needs to be solved so that the site does not get flooded during storms. We are solving this by over - sizing the pond and raising the site elevation. 1. Boundary lines of property with dimensions and area are on the Preliminary Site Layout. 2. Minimum building setbacks are all per the code. See Preliminary Site Layout for details. 3. The site is a proposed low- density single - family development comprised of 9 high quality single - family homes with finished square footages of 2,500 square feet or more. /7 4. There are no on -site streets. The only adjacent street is the current dead -end of Sycamore Court with a road and right of way of 50 feet. 5. The only easement on -site is a 40 -foot sanitary sewer and water easement that angles across the northerly one -third of the site. 6. Parking areas will consist of on- street parking and the driveways of the single - family homes. 7. The total site area is comprised of 261,342 square feet or 6.0 acres. 8. See plan for the total green space area. 9. See plan for the total impervious surface area. 10. The site will not have any sidewalks or trails. 11. The site will not have any monument signage. 12. The site will have the typical exterior lighting. 13. The site will not have a fence or retaining wall. 14. Garbage and recyclable containers will be kept in the single- family garages. 15. Exterior air - conditioning units will be ground mounted along the sides of the homes. Preliminary Grading/Drainage /Erosion Control Plans 1. See Plan for detailed existing and proposed contour lines. 2. See Plan for details. 3. The site contains four wetland basins comprised of a total of 1.24 acres. 4. See Plan for details. 5. See Plan for details. 6. See Tree Preservation Plan for details. 7. See Existing Conditions Plan and the ALTA topographic survey for details. 8. See Plan for details. Preliminary Utility & Street Plan 1. There will be one street on the subject property that will end in a cul -de -sac. This street will be an extension of the current dead -end of Sycamore Court with a right -of -way of 50 feet for the street and 110 feet for the cul -de -sac. 2. See plan for existing utilities. 3. See plan for the proposed utilities. Park Dedication: C : carrollp relimsub eagan. v3 /Z , 1. Due to the relatively small size of the site and its location along the border of Eagan and Inver Grove Heights, dedicating actual parkland is not considered appropriate. As a result, a cash contribution is planned. Tree Preservation Plan: 1. See Tree Preservation Plan for details. All tree mitigation will be planted on- site with the majority planted to buffer adjacent existing homes. Water Quality Requirements: 1. See handout for details. Wetlands Inventory/Replacement Plan: 1. There are four wetland basins comprised of 1.24 acres on the site (see Wetland Delineation Report by Petersen Environmental for details). All of the wetland mitigation is being done on -site via new wetlands or enhancement of existing low quality wetlands. There will be no net loss of wetlands, in fact, there will be an increase in the total area of wetlands and in the overall quality. C : carrollprelimsubeagan. v3 / /5 /3 543 0 CREME UNION 530 4784 4721 PINS -S E� 531 527 RED PINE LANE LP -27.4 1% -949.4 2000 - 952.4 Lowest Entry - 953.3 4725 14795 O 539 4801 J 4-805 -� 547 521 SPRUCE 4790 4724 800 4804 4-820 4824 517 4-808 4812 551 4816 720 LP -27.5 1% -950.5 2000 - 951.6 Lowest Entry - 955.1 LP -27.5 SYCAMORE CT. 4-828 ` 509 L WHITE 2, PINE WAY WHITE PINE WAY 555 513 559 509 ST. 716 12 4834 4842 4846 Q\- 850 co L D) N 2 0 Sycamore Place 10/14/04 //6 520 7,--- 516 5512 TH 508 524 546 550 554 558 1 543 0 CREME UNION 530 4784 4721 PINS -S E� 531 527 RED PINE LANE LP -27.4 1% -949.4 2000 - 952.4 Lowest Entry - 953.3 4725 14795 O 539 4801 J 4-805 -� 547 521 SPRUCE 4790 4724 800 4804 4-820 4824 517 4-808 4812 551 4816 720 LP -27.5 1% -950.5 2000 - 951.6 Lowest Entry - 955.1 LP -27.5 SYCAMORE CT. 4-828 ` 509 L WHITE 2, PINE WAY WHITE PINE WAY 555 513 559 509 ST. 716 12 4834 4842 4846 Q\- 850 co L D) N 2 0 Sycamore Place 10/14/04 //6 CONSTRUCTION LICENSING, PERMITS AND REGULATION § 4.30 engineer, city attorney, and city planner or other members of the staff, and costs of a similar nature. The payment shall be made by the petitioner upon receipt of an itemized invoice from the city, and said payment shall be in addition to the fee required with the petition or renewal permit and hereinabove provided for. Subd. 5. Regulations and requirements. The following restrictions, where applicable, shall apply to all permits: A. Support. No excavation or digging shall be made closer to any road, right -of -way line, property line or structure on adjoining property as may endanger the support thereof as may be determined by the city engineer. Time. No operations shall be conducted prior to 7:00 a.m. nor after 7:00 p.m., nor at any time on Sundays and legal holidays unless otherwise approved by the council. C. Reducing nuisances. All reasonable means shall be employed by applicant to reduce dust, noise and nuisances which shall include, but not exclusively, water spraying in the crushing process. D. Screening. Where necessary to eliminate unsightly view of the excavation and operations, applicant shall plant suitable fast growing screening trees which shall be a minimum of six feet high placed in two rows staggered with trees not more than ten feet apart in each row. E. Slope maximums. During the entire period of operations, all excavations shall be sloped on all sides at a maximum ratio of one to one. F. Manufacturing or processing prohibited, exception. A conditional use permit shall be required for the manufacturing or processing of any material on the site. G. Commencement of operations. Applicant shall commence his operations on an internal portion of the site not less than 1,000 feet from the nearest dwelling and remove all deposits in that area before moving out and closer to a boundary or dwelling. H. Wells. Applicant shall not drill or install any well larger than four inches on a site without first obtaining approval from the council in writing. I. Wastewater. Applicant shall dispose of all wastewater used on the site in a manner which will not adversely affect adjoining property J. Ceasing operations; regrading. Upon ceasing operations or leaving any particular excavation or area in the site, applicant shall regrade same in a reasonable manner and shall slope same on all sides at a maximum slope of three feet horizontal to one foot vertical. K. Paving access roads. All access roads from any excavation or fill area, which is the subject of this section, to any public paved roadway shall be paved for a distance of at least 75 feet adjacent to the public roadway to eliminate accumulation of material spillage and to minimize dust conditions. Said access roads shall be cleaned as needed to maintain lowest possible dust conditions. Truck hauling routes shall be approved by the city for any permits granted under this section. Supp. No. 9 CD4:19 //7 § 4.30 EAGAN CODE L. Load limits. Applicant shall adhere to all state, county and city load limits in hauling to and from the site. Traffic safety. Applicant shall provide warning signs and flagmen for proper traffic safety during periods of heavy traffic to and from or past the site and at such other times as the director of public works may require. N. Ceasing operations; one year limit. In the event operations cease, or substantially so, on said site for a period of more than one year, or in the event substantially all gravel and sand deposits thereon have been removed, no further operations shall be conducted thereon, and the agreement shall be deemed absolutely void. O. City rules and regulations. The city may, from time to time, adopt reasonable rules and regulations during the course of the agreement pertaining to applicant's operations which applicant shall agree to be bound by. For failure to comply with same or with the agreement or applicable provisions of the City Code, rules and regulations, applicant shall cease operations immediately upon receipt of written notice by the council or its authorized representative unless within the time specified he shall remove such default. P. Other operators. The applicant shall not permit any other person to operate upon said site, haul or otherwise without first obtaining the written consent of the council and an appropriate acknowledgment by such person that he will be bound by the agreement and covered by bond. Q. Restoration. Applicant shall provide topsoil or other approved cover material over all disturbed areas. The excavation plan shall provide detailed information on the type, thickness and schedule of placement of this material. The area shall be reseeded in accordance with an approved plan and time schedule. The applicant shall be liable and responsible for any and all unauthorized and unapproved types of fill consisting of debris, garbage and refuse deposited in the site unbeknownst to the property owner. R. Wetland conservation. Excavation as permitted hereunder shall be in compliance with any and all applicable wetland conservation statutes and regulations and any amendments thereto hereafter. Subd. 6. Granting of permit. The council, as a prerequisite to the granting of a permit or after a permit has been granted, may impose the following requirements in agreement form where applicable upon the applicant or owner of the premises to: A. Properly fence any pit or excavation, maintaining a secured access, if requested by the city, to help restrict unauthorized use by the general public. B. Slope the banks, fill, level off any pit or excavation or otherwise place in such condition at any time so as not to be dangerous because of sliding or caving banks, so as to minimize or stop erosion or dust during or after excavation. Supp. No. 9 CD4:20 //gi EPIC DEVELOPMENT, LLC MEMORANDUM To: Sheila Cartney, Planner/ Eric MacBeth, Water Resources Coordinator City of Eagan From: Rich Ragatz of EPIC Development RE: Sycamore Place Subdivision Sheila: The following is the sketch plan showing 71ots that avoid the existing delineated wetlands. Ron Peterson, who is the President of Peterson Environmental Consulting, will be forwarding a more detailed sequencing analysis that talks about functions and values. In my opinion, I think gong from 7 lots to 91ots and impacting the wetlands is justified for several reasons. The existing wetlands are low quality and not very diverse. Concentrating the new and enhanced wetlands on the northerly part of the site will result in a diverse sustainable ecosystem. In addition, the site currently has 1.24 acres of low quality wetlands and the site after development would have about 1.75 new and enhanced wetlands along with an over -sized pond to further reduce the possibility of flooding to adjacent neighbors. Ron Peterson will provide more detail rationalizing impacting the wetlands. Let me know if you need anything else and thanks for your help. Sincerely, Rich Ragatz 1 `t 1 t /S / EPIC Development, LLC (612) 730 -2814 /i9 3441 St. Pawl Avenue / Minneapolis, MN 55416 / Office /Cell: 612.730.2814 / Home: 612.927.6588 / Email: rrogotz@earthlink.net 1 ' • — .. ... ... : . • •,._,. 4 .....”•,.- "• .. : ) . , ..........„,... .; : - --, • ...ii:.,.;_. .,. ...:-.. u.:.::,..., _ --..r.:._.; . • • •• N. \ r ii Nj ih , T A 1 ii 11 i k 0 1 • /I i. 11: i'l il ■ i 1. ,,..6 b , 9 _...4 2 - I rrl-t,4_;A ...Le • g t . \ f 1 4...,..* ....i.._ I ,ii.,%% .,-.! 1,..1. r ,7" t : ' i ' ', • ' ilx?gl,t4.1“t ii*r'-ir in "1 1 t • • eat - 1/10 : milithorialt Lie ▪ 7•6 *M yr HEDLUND ,n_bwor nungilhof 1011 •00-4,0) :10.1 Sheila Cartney From: Eric Macbeth Sent: Friday, October 22, 2004 10:33 AM To: Sheila Cartney Cc: Cherryl Mesko; John Gorder Subject: RE: Monitoring Escrow Sheila, No problem with the questions. The more all of us know how this is supposed to work, the better! Page 1 of 2 WCA rules require a monitoring plan to be part of a wetland replacement plan, all of which are approved by the City Council. Monitoring of replacement sites provides information on whether or not the wetland replacement is working from a functions and values standpoint. The developer is responsible for submitting an acceptable monitoring plan for approval and for completing the monitoring and submitting annual monitoring reports to the City. Monitoring shall last 5 years post - construction unless the replacement is certified to be completed by the WTEP after no less than 3 years or unless there are construction or functions problems that need to be rectified before 5 years. In this latter case, certification of completion may take more than 5 years because the "time- zero" clock for monitoring is restarted if there are problems. To insure acceptable completion of wetland replacements, we have financial guarantees /escrows that are included in development agreements. John Gorder oversees these matters, in coordination with me. I have not been in contact with Rich. He needs to know it is his responsibility to provide adequate representation of and argument about not pursuing an avoidance alternative, as the Council directed to be reviewed by the APrC. This information is needed enough in advance of the APrC meeting to allow staff to review and package for the background briefing materials. I've spoken with Cherryl about this. Perhaps you two should coordinate to be sure City staff is on the same page about timing. FYI, I will be out of the office from November 2 through November 9. Eric Macbeth Water Resources Coordinator City of Eagan 3501 Coachman Point Eagan, Minnesota 55122 -1211 Phone: (651) 675 -5300 Fax: (651) 675 -5360 Email: emacbeth @cityofeagan.com WWW: http://www.cityofeagan.comilive/page.asp?menu=1684 10/25/2004 Original Message From: Sheila Cartney Sent: Friday, October 22, 2004 10:04 AM To: Eric Macbeth /?( Agenda Information Memo November 16, 2004, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDVISION (PEARLMONT HEIGHTS) — TIM BOHLMAN ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Rezoning of 12.44 acres from R -2 residential double to PD, Planned Development, for property located at 1565 and 1535 Violet Lane in the NE '/4 of Section 16. To approve (OR direct findings of fact for denial) a Preliminary Subdivision (Pearlmont Heights) of 12.44 acres to create 51 lots, for property located at 1565 and 1535 Violet Lane in the NE '/4 of Section 16; subject to the conditions in the Staff report. To approve (OR direct findings of fact for denial) a Planned Development to create 24 twinhomes (48 units) with reduced setbacks on property located at 1565 and 1535 Violet Lane in the NE 1/4 of Section 16; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • The subject site is zoned R -2, residential double which allows twin homes. • The proposed planned development allows for variances to setbacks and platting. The development will be association maintained. • The developer is proposing an overall lot coverage of 20% rather than lot by lot. • Proposed gross density is 3.86 units /acre. The proposed net density is 4 units /acre. The comprehensive land use plan is LD, Low Density 0 -4 units /acre. • Public street access is proposed from two public streets within the development. The site plan depicts the extension of a public street from Violet Lane to Lakeview Trail. • The APC held a public hearing on October 26, 2004 and is recommending denial. ISSUES: • The APC recommended denial based on the setback deviations from standard R -2 requirements, and lack of benefit to the City with the PD zoning. 120 DAY AGENCY ACTION DEADLINE • January 25, 2004 ATTACHMENTS (3): APC minutes on page through Staff report on page through /5 Lot coverage spread sheet on page /Ss City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 4 C. Pearlmont Heights Applicant Name: Pearlmont Heights, LLC Location: 1565 &35 Violet Lane, in the NE 1/4 of Section 16 Application: Preliminary Planned Development A Preliminary Planned Development to create 48 townhome units. File Number: 16- PD- 09 -09 -04 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 12.44 acres to create 24 lots for 48 twinhomes. File Number: 16- PS- 19 -09 -04 Application: Rezoning A Rezoning of approximately 12.44 acres from R -2, Residential Do ble to PD, Planned Development. File Number: 16- RZ- 16 -09 -04 Planner Cartney introduced this item and highlig City Staff report dated October 18, 2004. She note Chair Heyl opened th public h ,ring. Applicant Timothy Bohlman explain& the five different floc plans and the difference in square footage. He further explainedth t a ach permit i ` pu lied they will be tracking the lot coverage and making sure that tiley a of exceed& a 20 percent allowable lot coverage. He addressed the tree mitigation a n d andscapir g plans. mation prese' ted in the ground and history. Kip Warner stated concern forte a•undanceofmultifamily housing in the area, decrease in opyty value, and lac assessme ` for e s ting residents. Nit Chair; stated the pr operty is already zoned R -2. And Assessments wouldn't apply. Bob Hunstad 1502 Violet Lane stated concern for the increase in traffic and the chance vw that additional ads would e opened. ace. He asked if there would be street Another neighbor s a =• concern for the increase in traffic and lack of sidewalks in the area and the propose development. Michael McTeauge, 1486 Violet Lane asked at what time the applicant will obtain security on the property and when a connection would be established between Lakeview Trail and Violet Lane. Pat Gregg, 3554 Coachman Road stated concern for drainage in the area. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 5 City Engineer Russ Matthys explained that the street system in the area can easily handle the estimated 290 vehicle trips per day that would be generated from the development. He stated there is park property north of the site. He stated the "dead end" signage would not be removed until all of the streets were constructed and accepted by the City. He stated the proposed drainage will be adequate for the development. He stated there will be no special assessments for neighboring property owners due to the proposed development. Planner Cartney explained that the City does not have a code requirement to require a sidewalk in the development. Mr. Bohlman discussed the tree mitigation plan, particularly h North West corner, where the stormwater pond will be constructed and the Wes er elevation. He stated any damage done to adjacent properties will be corrected. He stated t here will be no sidewalks in the development due to the lack of conne other ietghborhoods. He discussed the building materials and stated the starting rice for the units will be $400,000, which is consistent with surrounding, +me values. Member Gledhill stated concern that the traditiona ` R- . `tback requirements are not being met. He stated he will vote against the proposal. g g e stated disagreement with the applicants plan to wait until the permit ,process to determine f the 20 percent lot coverage has been exceeded. He was .« concerned abo he,,platting process and lot sizes, and that there this plan did not upport for a zoning. Mr. Bohlman explained that a deck amid patio s already considered into each plan. He stated hi company « =es no ave legal possession of the property; however he can assistddressing se qty concerns Member B'' dt moved, M • er Hansen seconded a motion to recommend approval to Rezone 12.4 cres from R -2 Residential Double to PD, Planned Development, for property locate 1565 Violet Lane and 1535 Violet Lane. Mr. Bohlman explained the the streets we c tinge • fr private to public. Member Leeder asked if deck .r patios could be constructed, considering the setback requirements. A vote was taken: Aye: Members Hansen, and Bendt. Nay: Chair Heyl, Members Dugan, Leeder, Chavez, and Gledhill. Motion failed 5 -2. City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 6 Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Preliminary Planned Development to create 24 twin homes on property located at 1565 Violet Lane and 1535 Violet Lane subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan A vote was taken: Aye: Members Hansen, and Bendt. Nay: Chair Heyl, Members Dugan, Leader, Chavez, and Motion failed 5 -2. Member Bendt moved,;MembDugan sec®rided a motion to recommend approval of a Preliminary Subdivision to create 51 lots on +property located at 1565 Violet Lane and 1535 Violet Lane subject to the Bowing conditions as amended: 1. The prope shall be 2. All existing nd septi systems on the site shall be abandoned in accordance wi akota Couri ;Id CI nd9rds as part of this development. 3. Ttre' sting home 900utbuil j9 shall be removed prior to development. 4. If the eloper petitio he Cit for the water main extension project, the public improv nt project s be approved by the City Council prior to final subdivision approval. 5. The develop all construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards 6. The public trail between Lots 14 and 15 shall be constructed by the developer with the developmenfand prior to issuance of building permits for Lots 14 and 15. 7. The developer shall provide public trail easement over the proposed trail between Lots 14 and 15, prior to final subdivision approval, in a form acceptable to the City Attorney. 8. A temporary sign depicting the trails existence on Lot 14 and 15 is required by the developer. 9. The development shall be responsible for a cash park dedication /�s City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 7 10. The development shall include a 20' wide access /trail easement extending north and south from the curb line to the property line between lots 14 and 15, dedicated to the City. 11. A 10' wide bituminous trail extending the length of the easement, built in accordance with City standards, shall be installed by the developer in the easement between lots 14 and 15, prior to any construction on lots 14 and 15. 12. The development shall be responsible for a cash trails dedication, minus a credit of $1800 for the installation the trail in between Lots 14 and 15. 13. The applicant shall fulfill required tree preservation mitigation through the installation of one - hundred two (102) Category B trees, or an equivalent combination of Category A and Category C trees. 14. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line of the perimeter of the Critical Root Zone, whichever is greater, of significant trees & ot dlands to be preserved on -site and off -site (i.e. park trees).,° 15. The applicant shall contact the City Forestry D sion and set up apre,- construction site inspection at least five days prior to the ssuance of the grading permit to ensure compliance with the approved Tree Prese ® -n Plan'and placement o he Tree Protection Fencing. 16. The development shall meet the City's water qua of three stormwater treatment po = s. The stormwa constructed according to NURP s d .. ds with maxim aquatic benches from normal waterle e d outlet st City Engineering Division 17. A homeowner's association documen shall b submitted prior to Final Subdivision Y2 ,ao..Ar K; L% %� approval subject to the it i Attorney's review. All common areas shall be conveyed to the homeowner asso on. 18. All common area. r etaining -lls and signage shall be maintained by the homeowners association. 19. The monument sign s 20. Maxim A vot as taken: Aye: Mem @ers Hansen and`Bendt`. Nay: Chair Hey!? embers,Dugan, Leeder, Chavez, and Gladhill. Motion failed 5 -2. Chair Heyl stated she is voting against the proposal for the following reasons: the underlying setbacks of R -2 zoning are not being met. The landscaping plan needs improvement. Provisions of the planned development zoning (11.60 18 A 1 and 3) are not met. There is no stated benefit to the city and it Tacks creativity as well as an efficient approach to the use of the land. She further stated that she does not object to townhomes or parking in driveways. /a6 equirements by creating a set eatment ponds should be depths of 6 feet, 10:1 a cres acceptable to the City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 8 Member Gladhill moved, Member Leeder seconded a motion to recommend denial of Rezone 12.44 acres from R -2 Residential Double to PD, Planned Development, for property located at 1565 Violet Lane and 1535 Violet Lane for the following reasons: Provisions of the planned development zoning (11.60 18 A 1 and 3) are not met. There is no stated benefit to the city and it Tacks creativity as well as an efficient approach to the use of the land. A vote was taken: Aye: Chair Heyl, Members Dugan, Leeder, Chavez, and Gladhil Nay: Members Hansen, and Bendt Motion carried 5 -2. Member Gladhill moved, Member Leeder seconded mot on to recommend.' enial of a Preliminary Planned Development to create 24 tw es on property located at 1565 Violet Lane and 1535 Violet Lane for the following` asons: Provisions of the planned development ng 11.60 18 A 1 ° n 3) are not met. There is no stated benefit to the city and it lacks crew s well asn efficient approach to the use of the land. Nay: Mem A vote was taken: Aye: Chair Heyl, Mem tiers Dugan, Leeder, Chavez, and Gladhill. Motion harried 5 -2. Motion carried 5 -2. arisen aril 427 Member Glad .ill moved, Member Leeder seconded a motion to recommend denial of a Preliminary Su : division create 51 lots on property located at 1565 Violet Lane and 1535 Violet Lane for theollowing reasons: Provisions of the planned development zoning (11.60 18 A 1 and 3) are not met. There is no stated benefit to the city and it lacks creativity as well as an efficient approach to the use of the land. A vote was taken: Aye: Chair Heyl, Members Dugan, Leeder, Chavez, and Gladhill. Nay: Members Hansen, and Bendt. REPORT DATE: October 18, 2004 APPLICANT: Tim Bohlman PROPERTY OWNER: Lemieux Estate PLANNING REPORT CITY OF EAGAN REQUEST: Rezoning, Preliminary Subdivision, Preliminary Planned Development PREPARED BY: Sheila Cartney LOCATION: 1565 & 1535 Violet Lane COMPREHENSIVE PLAN: LD, Low Density residential ZONING: R -2, Residential Double SUMMARY OF REQUEST The applicant is requesting approval to Rezone 12.44 acres from R -2, Residential Double to Planned Development, Preliminary Subdivision to create 51 lots and a Preliminary Planned Development to create 24 twinhomes (48 units) with reduced setbacks on property located at 1565 and 1535 Violet Lane in the NE 1 /4 of Section 16. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, CASE: 16- PS- 19 -09 -04 HEARING DATE: October 26, 2004 APPLICATION DATE: September 29, 2004 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: 42f Planning Report — Pearlmont Heights October 26, 2004 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 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." Planned Development: /.29 Planning Report — Pearlmont Heights October 26, 2004 Page 3 City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The subject site contains two unplatted tax parcels, known as the Lemieux properties. EXISTING CONDITIONS The subject site is currently two parcels each containing a single family home with detached accessory structures. Access is from Violate Lane. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST L Planned Development Review Planned Development Zoning — The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. /30 Existing Use Zoning Land Use Designation North Apartments R -4, Residential Multiple HD, high density residential South Twin homes, single family residences R -2, residential double and PD, Planned Development LD, Low density residential East Apartments R -4, residential multiple HD, High density residential West Single family homes PD, Planned Development LD, Low density residential Planning Report — Pearlmont Heights October 26, 2004 Page 3 City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The subject site contains two unplatted tax parcels, known as the Lemieux properties. EXISTING CONDITIONS The subject site is currently two parcels each containing a single family home with detached accessory structures. Access is from Violate Lane. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST L Planned Development Review Planned Development Zoning — The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. /30 Setback Twin Homes Ordinance Proposed Front yard: public street 30 feet 15 feet Side yard: Principal Structure 0 -10 feet 0 -9 feet Rear yard: Principal Structure 15 feet 7 feet (platted property line 15 feet to perimeter) Side yard: Accessory Structure 5 feet 5 feet Rear yard: Accessory Structure 5 feet 5 feet Between units 20 feet 20 feet Planning Report — Pearlmont Heights October 26, 2004 Page 4 Amenities — There is a proposed public trail connection to the park to the north and the pond in the middle of the site with a fountain. There is also a village green area. Homeowners Association — The association will be responsible for maintaining all yards, open spaces, common area, any private roads, snow removal, exterior maintenance of the homes and special features within the site. Staff suggests the homeowners association also maintain the proposed monument sign. The fountain in the pond in the middle of the site should also be maintained by the association. Bulk Standards — As a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the R -2 Zoning District standards. Setbacks — The table below indicates the proposed setbacks for the twin homes and the R- 2 standards. Setback requirements are not established in a Planned Development zoning; however, the developer is proposing deviations from the R -2 standards. Setbacks are measured from the property line to the structure. The proposed plat allows for a five to seven foot setback around the perimeter of the lot (except at the front that is a zero foot setback). If the lots were not platted this way the structures would meet R -2 setbacks, except for the setback from public right -of -way. The developer has submitted a plan that illustrates all R -2 bulk standards being met (except front yard setbacks) including lot size per unit. However, the developer is proposing to plat the property in away to allow more common space to me maintained by the Homeowner's Association rather than individually owned/maintained. Building Coverage — The R -2 zoning district allows for a maximum of 20 percent building coverage. This percentage is normally calculated on a lot by lot basis. The applicant should determine the building coverage for the site; some planned developments have identified the building coverage as an overall calculation rather than a lot by lot basis. /3/ Planning Report — Pearlmont Heights October 26, 2004 Page 5 If, in the future, home owners want to deviate from the established building coverage a Planned Development Amendment or variance would be necessary. Building Height — Building height is limited to 35 feet in height for the twin homes. Landscaping — The landscaping plan should be revised to identify what the perennial plantings are and to include trees that are not part of the mitigation plan or identify what trees are existing on the landscape plan. The association should be responsible for maintaining all landscaping within the development. Parking — The zoning code requires at least two enclosed parking spaces for each dwelling unit. The site plan indicates there are at least two enclosed parking spaces for each dwelling unit. There are no visitor parking spaces provided, the City Code does not have specific requirements on visitor parking. Staff has concerns with the lack of visitor parking. Trash Enclosure — A trash enclosure location was not included on the preliminary plans for the town house development. The trash pick up should be on an individual basis, if a common trash area is available it should be in an enclosure. Exterior Materials — The building materials are going to be a variety of materials, vinyl siding, vinyl shakes siding, synthetic stone veneer with asphalt shingles. The color palette includes neutral colors such as clay, camel, sandcastle, acorn, and heather. Lighting — A lighting plan was not submitted, if lighting is proposed a plan should be submitted as part of the Final Planned Development. No light should reflect onto adjacent property or public right -of -way. Signage — A monument sign is proposed to be placed at the entrance of Violet Lane. The sign materials appear to be similar to the principal building materials. A more detailed sign plan is required with the Final Planned Development. The monument sign should conform to the city sign regulations for monument signs; seven feet total height with four foot maximum height of sign area. II. Preliminary Subdivision Compatibility with Surrounding Area — The subject site is surrounded by single family, two family, and multiple family dwellings. Twin homes are not out of character for this neighborhood, the property is currently zoned R -2, Residential Double. Density — The proposed gross density is 3.86 units /acre. The proposed net density is 4 units /acre. The comprehensive land use plan is LD, Low Density 0 -4 units /acre. Lots — The proposed twin home lots range from 2,525 square feet to 4,500 square feet. There are 48 twin home lots and platted common area that is divided by the road. The R -2 zoning district Planning Report — Pearlmont Heights October 26, 2004 Page 6 requires each lot to be 7,500 square feet in area for a twin home lot with 50 feet of public street frontage or 15,000 square feet for a double lot with 100 feet of public street frontage. The proposed lots street frontage ranges from 34 feet to 45 feet. Lot 49 represents common space, one lot can not be separated by a public street; therefore Lot 49 should be broken up into 3 total lots, total lot count including common area will be 51. Grading — The preliminary grading plan is acceptable. The existing site generally slopes toward the northwest and southeast with elevations ranging from approximately 890 to 860. The grading plan depicts numerous retaining walls throughout the site necessary to accommodate the proposed grades. The development's Homeowners Association should be responsible for the perpetual maintenance of the retaining walls throughout the site. Storm Drainage — The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain overland or via storm sewer pipe to existing wetlands or storm basins on site. The developer proposes to excavate the wetland in the northwest corner to create an improved ponding area for water quality and runoff control. This wetland is drained to the west by an existing storm sewer pipe within the Hampton Heights Addition. The developer should construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. The high water level (100 -year, 1% event) for this pond is approximately 9 feet in elevation below the lowest entry of the existing houses within Hampton Heights Addition. Utilities — The preliminary utility plan is acceptable. Sanitary sewer of sufficient depth, size, and capacity are available within Violet Lane to the east of the site. Water main of sufficient size and capacity is also available within Violet Lane. As part of this development, a 30 -inch water main needs to be extended through the site from Violet Lane to Lakeview Trail, in accordance with the City Water Supply & Distribution Plan. This extension can be completed in one of two options: 1) as a petitioned public improvement project or 2) privately by the developer to be transferred to the City for future maintenance. If the project is petitioned, the public improvement project should be approved by the City Council prior to final subdivision approval. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation — Public street access is proposed from two public streets within the development. The site plan depicts the extension of a public street from Violet Lane to Lakeview Trail. Existing Violet Lane and Lakeview Trail street stubs were designed and constructed with a 32 -foot width and adequate right -of -way to accommodate this street connection. The street plan submitted provides inter - connectivity between the existing and proposed neighborhoods in the area, and provides another traffic reliever outlet for the neighborhood bounded by I -35E to the east and Blackhawk Lake to the south. The estimated traffic from the development and street connection will increase traffic on Violet Lane, but not beyond the limits of what is typically defined as a local residential street. /33 Planning Report Pearlmont Heights October 26, 2004 Page 7 The City Parks & Recreation Department is requiring the construction of a public trail between Lots 14 and 15 from Lemieux Circle to undeveloped City park land to the north. This trail should be constructed by the developer with the development and prior to issuance of building permits for Lots 14 and 15. A trail easement should be provided in text form and approved by the City Attorney. Easements/ Permits / Right -of -Way - The developer should provide public trail easement over the proposed trail between Lots 14 and 15, prior to final subdivision approval. A trail easement should be provided in text form and approved by the City Attorney. The trail easement should not be shown on the plat; there should be no gaps in between the lots. Wetlands/Water Quality - The proposed development straddles the City's C- and J- watersheds, the C- district draining toward the river and the J- district draining toward Fish Lake. The developer proposes to meet the City's water quality requirements to treat stormwater on site by directing runoff to a set of three ponds that would be constructed on -site. A wetland area is located in the extreme northwest corner of the parcel. However, this wetland has been determined to be incidental (i.e., non - natural) because its creation is from historical stormwater runoff through a ravine that drains to it. The incidental characterization allows it to be excavated for an effective stormwater treatment pond without requiring replacement under state wetland conservation rules. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). This development would need to meet City standards for stormwater quality detention ponds. Tree Preservation - The tree inventory submitted with this application indicates that there are one - hundred seventy-four (174) significant trees in the inventory. The trees are elms, pines, ash, honeylocust, willow, cottonwood basswood and others. The development as proposed will result in the removal of one hundred- sixteen (116) significant trees (66.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single- phase, multiple -lot, multiple -unit residential) is set at 47.5% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation to replace trees removed in excess of allowable limits calculates to one hundred -two (102) Category B trees. The applicant has submitted a Tree Preservation Plan that shows the installation of one hundred twenty-nine (129) Category B trees. The applicant is proposing to transplant (within the development site) forty (40) significant trees. These trees are counted as being preserved within the submitted tree preservation plan. /3 j Planning Report — Pearlmont Heights October 26, 2004 Page 8 The proposed development site also contains one - hundred eighty -four apple trees. These apple trees are not included in the inventory of significant vegetation because they are either in a state of decline or are too small in diameter to fit the city's definition of significant vegetation. Parks and Recreation - The proposed development is located adjacent to City owned, undeveloped park land, approximately 6.3 acres in size (Outlot H). The City parcel is heavily wooded with very steep terrain sloping east to west. There currently is no developed access into the City parcel. Access can be achieved on foot by traversing a steep wooded slope from the east through either an easement to the existing City lift station or an undeveloped parcel obtained by the City through tax forfeiture proceedings. Vehicular access is not possible. Future use of the property as a park remains undefined. Because of the topography and restricted access, options for improvement are limited. The residential neighborhoods surrounding the parcel are currently served by Blackhawk, Quarry and Sky Hill Parks. Concepts for future use may be addressed in the new Park Systems Plan. To effectively manage the parcel, an efficient access is necessary. Natural areas, especially those that are wooded, may be susceptible to disease or by the invasion of non - native species such as buckthorn, both which require physical intervention to control. For this reason, the developer, working in conjunction with park staff, is proposing the inclusion of a 20' wide access /trail easement and 10' paved trail, constructed to City standards extending to the property boundary, between lots 14 and 15. The trail will allow both residents and City staff access to the parcel for any future recreational or maintenance activities. Because the access corridor is being created via an easement versus a land dedication, there is no credit given towards the park dedication requirement. The park dedication shall be satisfied through a full cash dedication. The developer shall be given credit of $1,800 for the installation of paved trail through the access easement as described in the "Parks" section of the report. The credit being calculated in accordance with the lineal foot construction price of a 10' wide paved trail, constructed to City standards, as provided by City Engineers. (Trail Credit; 150'x $12 = $1,800) The balance of any trail dedication due after the credit shall be satisfied through a cash payment. Advisory Park and Recreation Commission — At the APrC meeting on October 18, 2004 the proposal was reviewed as a development item and the Commission recommended approval. The Commission suggested temporary signage on the trail easement between lots 14 and 15 to alert potential buyers of its existence. SUMMARY /CONCLUSION The subject site contains two unplatted tax parcels, known as the Lemieux properties. The request is to rezone from R -2 residential double to PD Planned Development, a preliminary /3s Planning Report — Pearlmont Heights October 26, 2004 Page 9 subdivision creating 49 lots and a Preliminary Planned Development to create 24 twinhomes with reduced setbacks. The lots are proposed to be platted slightly different than a typical R -2 development. The plat basically outlines the twinhome reducing the setbacks to the property line, but not from the perimeter of the site. The applicant submitted a plan that shows the 7,500 square foot lot per unit can be achieved with this project. The proposed plat configuration is to allow more common space that is maintained by an association rather than individually owned/maintained. The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain overland or via storm sewer pipe to existing wetlands or storm basins on site. Public street access is proposed from two public streets within the development. The site plan depicts the extension of a public street from Violet Lane to Lakeview Trail. Existing Violet Lane and Lakeview Trail street stubs were designed and constructed with a 32 -foot width and adequate right -of -way to accommodate this street connection. The street plan submitted provides inter - connectivity between the existing and proposed neighborhoods in the area, and provides another traffic reliever outlet for the neighborhood bounded by I -35E to the east and Blackhawk Lake to the south. The development as proposed will result in the removal of one hundred- sixteen (116) significant trees (66.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single -phase, multiple -lot, multiple -unit residential) is set at 47.5% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. ACTION TO BE CONSIDERED To recommend approval to Rezone 12.44 acres from R -2 Residential Double to PD, Planned Development, for property located at 1565 Violet Lane and 1535 Violet Lane. To recommend approval of a Preliminary Planned Development to create 24 twin homes on property located at 1565 Violet Lane and 1535 Violet Lane. Subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan To recommend approval of a Preliminary Subdivision to create 51 lots on property located at 1565 Violet Lane and 1535 Violet Lane. Subject to the following conditions: /34. Planning Report — Pearimont Heights October 26, 2004 Page 10 The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 2, 3, 4, Cl, 2, 4, D1, E1 1. The property shall be platted. 2. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 3. The existing home and outbuildings shall be removed prior to development. 4. If the developer petitions the City for the water main extension project, the public improvement project shall be approved by the City Council prior to final subdivision approval. 5. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards 6. The public trail between Lots 14 and 15 shall be constructed by the developer with the development and prior to issuance of building permits for Lots 14 and 15. 7. The developer shall provide public trail easement over the proposed trail between Lots 14 and 15, prior to final subdivision approval, in a form acceptable to the City Attorney. 8. A temporary sign depicting the trails existence on Lot 14 and 15 is required by the developer. 9. The development shall be responsible for a cash park dedication 10. The development shall include a 20' wide access /trail easement extending north and south from the curb line to the property line between lots 14 and 15, dedicated to the City. 11. A 10' wide bituminous trail extending the length of the easement, built in accordance with City standards, shall be installed by the developer in the easement between lots 14 and 15, prior to any construction on lots 14 and 15. 12. The development shall be responsible for a cash trails dedication, minus a credit of $1800 for the installation the trail in between Lots 14 and 15. 13. The applicant shall fulfill required tree preservation mitigation through the installation of one - hundred two (102) Category B trees, or an equivalent combination of Category A and Category C trees. 14. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site and off - site (i.e. park trees). 15. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. The development shall meet the City's water quality requirements by creating a set of three stormwater treatment ponds. The stormwater treatment ponds should be constructed according to NURP standards with maximum depths of 6 feet, 10:1 aquatic benches from normal water levels, and outlet structures acceptable to the City Engineering Division /32 Planning Report — Pearlmont Heights October 26, 2004 Page 11 17. A homeowner's association document shall be submitted prior to Final Subdivision approval subject to the City Attorney's review. All common areas shall be conveyed to the homeowner's association. 18. All common area, retaining walls and signage shall be maintained by the homeowners association. 19. The monument sign shall meet City Code requirements. /3 A. Financial Obligations C. Plans and Specifications STANDARD CONDITIONS OF PLAT APPROVAL 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights- of -Wav 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a cul -de -sac constructed in accordance with City engineering standards. D. Public Improvements H. Other LTS #S STANOARD.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. 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 !�D Revised: February 2, 1993 FINANCIAL OBLIGATION - Pearlmont Heights - Preliminary Subdivision There are pay -off balances of special assessments totaling $1,230 on the parcels proposed to be subdivided. The pay -off balance will be allocated to the lots created by the Subdivision. At this time, there are no pending assessments on the parcels. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT Storm Sewer Trunk USE RATE QUANTITY AMOUNT R2 $.095 /Sq. FT. 61,426 Sq. Ft. $5,835 $5,835 -o g HOU.I1U2S33 p ix! P 8 Z LJ " a: 3W0 1 1-1.ri AMaV iS Te'AO'd I •■, - 1,7.10.40; 000.1 2,100(.17 .1 .4/ P ..21 1...4•4 P.. WO uol•Immir. p.ochud mid 1.11 A111.. 4/...■ 1 t 2,- 2 I 8 2 1 z g e/I h Ja■ h I. 271 / 1.- ..... / i : I - ... t / _ :- at tw T . tc.;... • 2 i . A ! 8 .., G ... , , / ■1; ai / •' ' i g i‘R :4... — — — • ar.4 Ii;1 ... . yehu. i hi. 1.0,V i iii! 114 IV= 3.9t1 toornstrewa pler-Pes(290 : 4 111/.....! 11.41 •••■•■•• . 4 101 • *OW 'SOP/006SY ? MAKI a;01. F 'flN 1 .0.2 : ../00 ( co a 8 It 18 k. 8 88 077 'S.L1491314 INOW78'29d i#.31A3:11 vIOS3NNIPI 'NVOY3 S1H913H IN01118% r Ir - \ i 'l(7-7,j-17: - .-7 51 ■F""1 1- in 1fl - • .1313.1Z r: 4 1 1 11 \ g1 1 1 I ( 1 1 \ 11 1 1 1 1 11 •• 71. H P. ' H 1 " "di g I 1 Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint Development/Developer: Pearlmont Heights Application: PRELIMINARY SUBDI Case No.: 16- PS- 19 -09 -04 city of eagan Community Development Depertrrwnt 1000 Map Prepared using ERSI ArcVlew 3.1. - base map data provided by Dakota County Office of GIS and is current as of January 2004. 0 1000 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. 2000 Feet N W+ E 5 Current Zoning and Comprehensive Guide Plan Pearimont Heights Land Use Map Case No. 16- PS- 19 -09 -04 Zoning Map ` ► . _- ,' :: : - as _ -3�� � " y , D � __ eia, = ` UM11 /111 In ; -. .,r, op n Current Zoning: R ` 2 Residential Double District P I C"4 _ i LB tI A. , € e = m� 10 VII or • ZAN NI 11/ • 111111111hp . 11117111 600 0 600 1200 Fe.t IIIW �:• — i 1I 4111 11111 " ■ o NM � onf PD %Ill 4 SO" No il. ∎amm 1110 - _ ii ', ' - . ► i = T ' '� , Comprehensive Guide Plan Land Use Map - 91 , p .)" QP I I r■ ' n ■ � •�� . : � ®s is ■�:: ' � ° ®: 1: gym„ kit I —►I� ,, � II .: f I ` SA ,. ; = P H f.. H • %I C I � • Current Land Use Designation: a„ . , ■ a e SA !U7 - = �� LD LD Low Density Residential . &IL 1 I I I hi__' S{ i 1I !:g r �•I, SA D 4 06 , 111, Orli 1 04, AIIIMIR 4 .1 li llitigir ■ . =', 666 0 600 1200 F..1 '• WPM l. M= ,'- ' ' ;• B WO 140 -. ■„ „' m 1, .. Parcel base map mformatlon providedby Dakota County Land Survey Departmert June 2003. Zoning Inf.rmatlon maintained byCity Staff. City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. — — — ------- 1:1 E r.Zt. - - ----4 - —r I H H r• 1 1 1 1 1 _ 1 ; 1 1. , • 2.V.PirM 65P.87 1 . • 1 _ 0 • e. re mc • ram ci 1 — 74 P.? wt1 ! b.: T. . .0-. o . ... ... ..... '.. - , .. ) . . '.. 54 tie _ _. - . '.... ,y 0 . • .. , • es TFEES '.. - ) : • 0 0 ,9 00 r "k),. 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MINNESOTA FOR: SUBDIVISION PLAN [ . zrg t�KSt/Y PEARLAFONT wows, LW m 1 1 I N A I I I M Pail 11 l it 1 1!) l Ir - - 71 1,1 1;1 lil _ -JA J!L Ji166•zz>�F- �i4�., - - — -tom — Lye F — — -- f-- RR 0231. ms - John Ofiver & Associates, inc. are n.....t,.. 1_r wee.t. a.,e 1...+.a m/ r. n...m. I.. 1, MAY ZOO e..n_.6W. Ire steal 10 5 11111 -0 021 (P/u)60.4.0 taw. ale 10.11. 1....021. bot • 500 SP/ }3m05 Zaat Azak `K J t t l la s1 1 hobby witty IM 1111 pl n hewed by .ne ew e el Lut wSo0 and 11021 I icenW P191559 np under 1r. b.e e1 the �q Mehemet. Dppla< J. Utterer Pet N. 25101 H EIl 1 \i\ \\. \ \ I j l •. _ K.w 1�4 >St V• tY;� J;L J 0.`w.ntT raw. DAIL 0/15/04 DESIGN 0R: DAL DAWN 00 001 CHECKED 0r: 4A D00 FILL 1601P1PI ICH FILL NA FILE 110: 1101.111 -01 aaaropwl raw 500 °24'16T 11007 u wT W • JN•wlrw eew ROYAL AL OAK {.IC::(. 1ST H I r L J;L _ DESCRIFIION r.Ci)iTi•_H Z m R L M EN 101 1 LASE" EEW TP.AL Sni g .l t Eq / t: 7 D — A •F. S0074Y62 .130.03 ROYAL iht , 4•or* S 5 SS CASEMENT FOR 1RAl 0 GS ICT 4nn:71r4 —J 1, -4 liFY Lt1 —41 sII¢ tip: Be It! •;ex ! 1 :i t2; 14 H T -4 y L / 111 I t3 J; L _4 �- -, T --� - --J I !f . I 1 i T C + � i 6 M1 it A RETAMAIO. • r 16 n R E i t ti v 9 >n ,1 1 1, N 500 4 101 110.07 .i ?•.�: CI m c m e v l 7: I 0 1 Soa PEARLMON - IGHTS EACAN. MINNESOTA FOR: PEARLMONT HEIGHTS, LLC SITE LAYOUT PLAN John Oliver & Associates. Inc. a... eww.w nor mesa.. 4r moo.. Sal Y. T,we* Teak 0..03 NW Barn*Bin MN 0030? (060)000 -1046 (1L4)00 -10.1 0.41. no Ilk Naas. BeewMm • and Break O*. Al** 1 hereby eeril that It. plan 44 e Prap>K n or br sct hw ervsw and Mat 1 ammed Proteeai I.E\�Y undo- the lore of the Minnesota. 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Q an 7 (0 4 D -0 o 3 ga-0 0 () o m Q o 1 D ( 0 V ro .< 0 N . n O L " D (D o -D 0 n 3 (11 ca 3 o o c.3 0 _ < o [ij OCT 1 8 2004 LJ To: Eagan City Hall Council Chambers 15 October 2004 Fm: Jeffery Richards Eagan Home Owner Sub: Development of Pearlmont Heights Case # 16 PS 19 09 - 04. Dear Sirs: I am a recent resident to the Eagan area and presently reside at 3562 Coachman Road in Eagan. You will note by my address that my property will be affected in some way by the development of the proposed Pearimont Heights case # 16- PS- 19- 09 -04. My primary concern is the "green belt" that is directly behind by house, this is one of the major reasons among others that the decision to purchase the house was based on. My questions are as follows: 1). How close to my back yard will the development encroach. 2). How many trees will be felled 3). How close to my fence line will this take place. 4). How long will the construction take place. I plan to attend the hearing planed for 26 October 2004 and ask the same questions as indicated above. If possible could you please provide response via email, that would be greatly appreciated. Thank you for your help in this matter. Jeffery Richards 3562 Coachman Road Eagan, MN 55122 612 812 1527 jeffery_richards_737 @yahoo.com R c 1 k Construction & Design 7) eevr € 04002 •w ee9 a /ed Eagaa, ?Ithaca:4z Product Stats Project Limits Unit Type Unk Name Base Area Porch Area 3-Car Area Units Allocated Base Units Available Final Total Unk Count Max. Option Unita Avall: Final Total Unit Count" Max. Units Units Allocated Links Available A Diffley 1343 127 N/A 8 0 48 0 48 48 48 0 B Sibley 2042 128 N/A 4 0 48 0 48 C Lexington 2042 128 N/A 4 0 48 0 48 Max. Area Area Allocated Area Available D Wescott 2194 119 210 21 0 48 0 48 108,028 107,287 741 E Covington 2194 N/A 210 11 _ 0 48 0 48 Porches Allocated --> 37 26 <- 3-Car Garages Allocated *Assumes non-real scenario of building out the remainder of the project in this single unit type The purpose of this data is to better track usage of available building area, thus avoiding over-allocation of area to any one unit which may result in the loss to the project of an entire building. Counts are automatically updated as units are entered below. *Due to the twinhome building configuration this field cannot contain an odd number, so it Is automatically adjusted downward to reflect the actual unit count that would result in that scenai ***Twinhome buildings must be comprised of two compatible units. Plans A and B can be paired only with the reverse of the same plait Plans C. D, and E can be paired with its own reverse or that of either of the other two. Therefore, possible building configurations are AA, BB, CC, CD, CE, DC, DD. DE, EC, ED, EE. Individual Unit Al ocation & Sales Data Z V - myomncom' c 1«.(aaaaa WI � 2aaaaaaaa o V Porch Area 3 J YIN 1 3-Car Area Total Area Thls Unit Sale Date MMIDDIYY Start Date MMIDDIYY Date MM/DD/YY t is 127 1470 127 1470 127 1470 127 1470 127 1470 127 1470 127 1470 127 1470 119 Y 210 2523 10 D C,( or E 2194 Y 119 Y 210 2523 11 D C, D, or E 2194 Y 119 Y 210 2523 12 D C,[ or E 2194 Y 119 Y 210 2523 13 D C, D or E 2194 Y 119 r 210 2523 14 D C, D, or E 2194 Y 119 Y 210 2523 15 D C,( or E 2194 Y 119 Y 210 2523 16 D C, D or E 2194 Y 119 Y 210 2523 17 ommmmmmmmmovo w W W W W W W W W W W W W ht3th151515Mtib Zs O o ci oDO 00000000U0000 , 2194 119 210 210 2523 2313 - 119 is 2194 - — 2313 19 2194 119 2194 2194 2194 20 2404 21 2194 210 2404 22 2194 1 210 2404 23 194 210 2404 24 194 210 2404 25 194 210 2404 26 2194 210 2404 27 2194 119 210 2404 28 210 2523 194 29 194 Y 119 Y 210 2523 2194 Y 119 Y 210 2523 MMAMC'1 12M °c &aQCQ 0000wUUmmmm0001 W W W W W W W W W W' 000000d DOG N N N N N N N N N N N >).-rr'sr >r » »> 119 210 2523 2313 119 119 210 2313 1 2523 119 128 2194 2170 128 2170 128 1 2170 128 2170 128 2170 128 2170 128 2170 128 210 2170 119 2523 46 D C, D, or E 2194 Y 119 Y 210 2523 47 (Model) D C, D, or E 2194 Y 119 Y 210 2523 48 (Model) E C, D, or E 2194 Y 210 2404 The unit allocations and related statistics shown above are just one example of how the project may be bunt out The actual build-out will largely be determined by market factors. The only other firnitations on actual unit allocations are physical location within the project, topography, and the Project Limits parameters shown above. rl el r 7 r 9 2004 Agenda Information Memo November 16, 2004 Eagan City Council B. PRELIMINARY SUBDIVISION (HOMESTEAD VILLAGE) — MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Rezoning from A, Agriculture to PD, Planned Development of five acres located at 500 Gun Club Road in the SE 1 /4 of Section 36. To approve (or direct Findings of Fact for Denial)a Rezoning from R -1, Single- family to PD, Planned Development of 2.3 acres located north of 500 Gun Club Road in the SE 1 /4 of Section 36. To approve (or direct Findings of Fact for Denial)a Preliminary Planned Development to create 19 lots and one outlot for a small -lot single family development with private streets on 7.3 acres located at 500 Gun Club Road in the SE 1 /4 of Section 36, subject to the conditions in the APC minutes. To approve (or direct Findings of Fact for Denial)a Preliminary Subdivision to create 19 lots and one outlot for a small -lot single family development with private streets upon 7.3 acres located at 500 Gun Club Road in the SE 1/4 of Section 36, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Rezoning - at least three votes; Preliminary PD — at least three votes; Preliminary Subdivision — majority of Councilmembers present. FACTS: • The site is located north of the Rosemount border and west of Biscayne Avenue (formerly Gun Club Road) at 120 Street. • There is an existing single - family home on the site which was built in 1987. The existing home is proposed to be removed. • The site is guided LD, Low Density residential, 0 -4 units per acre. • The proposed 19 lots range from 5,695 to 13,626 sq. ft. in area. One outlot is proposed for the private streets and the wetland area in the northerly portion of the site. • Access into the site is provided via a private street from Biscayne Avenue which extends to a temporary cul -de -sac at the southwest corner of the site. This street is intended to connect to a public street in the future when 120 Street is extended to the west. • A large retaining wall is proposed along the north side of this private street. • The developer is requesting a Planned Development because most of the lots are less than 12,000 sq. ft. in area and thus, do not satisfy typical R -1 zoning standards. The PD is also necessary to accommodate the proposed private streets and reduced yard setbacks. /S6 • The applicant indicates that the homes in this development will be similar to those in the Centennial Ridge subdivision (southeast of Diffley Road and Johnny Cake Ridge Road) which was also a Manley Land Development project. • The development will be subject to cash dedications for parks and trails. • The Advisory Planning Commission held a public hearing on September 28, 2004, and did recommend denial of the Rezonings, Preliminary Planned Development and Preliminary Subdivision. ISSUES: • The single - family detached use is consistent with the surrounding development. However, the APC was concerned that small -lot design of this subdivision and the use of private streets for access that the PD would allow are a departure from the character of the surrounding area and did not benefit the City. • The applicant has indicated that the proposed development is part of a greater long -term master plan for development/redevelopment in the area south of Red Pine Lane and east of Hwy. 3 and as such, evaluation of this proposal should consider the surrounding area and the existing "mix of land uses that can be improved upon and created into a unique neighborhood with its own sense of place." However, the APC did not have context for review of the proposal due to the lack of a physical master plan for the area. • Given the likely future connection to two potentially high -use public streets (Biscayne to 120 Street), the through street serving the development along its north and west edges should be constructed as a public street, with adequate right -of -way, street design, and building setbacks. While initially this street will have a temporary cul- de- sac.at 120 Street, it will eventually be a through street connecting two public streets. Similar situations, where a private street connects two public streets, have led to complaints from the private street residents which include concerns about cut - through traffic, associated safety problems and the private maintenance responsibilities of street pavement with a decreased life cycle due to increased traffic. • Staff is skeptical about the ability of these lots to be built without setback and lot coverage deviations. While deviations such as for lot coverage and setbacks can be addressed with the Final Planned Development, creating small lots with the subdivision, particularly where yard space is not reserved in common, may create a necessity for such deviations. For this reason, Final Subdivision approval should occur only after, or simultaneously with, approval of the Final Planned Development. • The developer has prepared some revisions to the plans, but submitted them too late for staff to complete a review and analysis of the changes to be included in the Council packet. The developer is expected to present the revisions to the Council at the regular meeting on Tuesday. AGENCY ACTION DEADLINE: January 26, 2005 ATTACHMENTS (2): October 26, 2004, APC Minutes, pages/ through /‘4 Staff Report, pages/ / through /57 City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 9 D. Homestead Village Applicant Name: Manley Land Development Location: 500 Gun Club Road, in the SE 1/4 of Section 36 Application: Preliminary Planned Development A Preliminary Planned Development for a small lot single family development with private streets. File Number: 36- PD- 08 -09 -04 Application: Preliminary Subdivision A Preliminary Subdivision of 7.30 acres to create 19 lotsand one outlot. File Number: 36-PS-16-09-04 Application: Rezoning A Rezoning of approximately 7.30 acres from Development. File Number: 36- RZ- 14 -09 -04 Planner Dudziak introduced this item and highlighted thee t formation presented in the City Staff report dated October 20, 2004 She noted the b ck. round and history. Chair Heyl opened the public hearing. Bob Hosch, 857 Ivy Lane epresenting th club s tf plans to replace existing buildings. He stated concern f °the assumption of the buyers that the gun club is going to be leaving the area He suggested that the potential buyers be asked to sign an affidavit saying they are'aware at the gun club will remain. Mike Mayer, 4790 West n Hal Drive stat` '' oncern about the misinformation given by Manley represen ativ to pote buyers regarding the acquisition of the gun club. He stated he was told by t anley real- estate agent that the gun club would not be a permanent neighbor. Dan Anfinsen, ®32 McFaddens Trail, stated concern with decibel levels the gun club is producing. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. City Attorney Bob Bauer explained that the City cannot add a condition requiring the applicant to advise potential homebuyers of the existence of the gun club. Chair Heyl stated concern with the lot sizes, setbacks, and lot coverage. Frank Blundetto, Manley Land Development explained that the Staff Report states that all setbacks have been met. He stated the only setback issue is one of living space behind a garage and he is willing to work with that. He stated the wetland is something /Sg riculture to PD, Planne City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 11 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. 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. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. All voted in favor. Motion carried 7 -0. E. Christensen Addition -ITEM CONTINUED TO LATER DAT Applicant Name: J. Christensen Construction Location: 3036 McCarthy Ridge Road, in the NW 1/4 of Section 09 F. Sweet Place -ITEM CONTINUED L NTIL NNOVEMBER 23 2004 hfs Applicant Name: Epic Development, LL Location: 4725 S Robert Trail, in the NW VII. VISITORS TOMB There were no visit• rs VIII. OTHER BUSIN SS" City Plan*, Ridley stated there will be no work session next month; however a joint meeting with he City Council and Economic Development Commission is scheduled for 5:30 p.m Tuesday, November 9, 2004. IX. ADJOURNMEN Member Bendt moved, and Member Chavez seconded a motion to adjourn the Advisory Planning Commission meeting at 8:58 p.m. All voted in favor. Motion carried 7 -0. Respectfully Submitted by: OR THOSE NOT ON AGENDA) 7 /57 of on the agenda. City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 10 he tried hard to preserve and it will be an asset to the property. He asked for relief on condition five, regarding the private verses public streets. He stated he prefers a private street. He stated Manley fully intends to meet the 20 percent lot coverage, but objected to the APC adding a condition requiring 20 percent lot coverage. Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Rezoning from A, Agriculture to PD, Planned Development upon five acres of land located at 500 Gun Club Road in the SE 1 /4 of Section 36. Member Gladhill explained his reasons for denial as follows: The of proof supporting a Planned Development has not been demonstrated Some setbacks, lot coverage, and zoning requirements are not being met. Member Chavez stated his reason for denial as: There 'rs „no stated b enefit to the City and the development Tacks creativity as well as an efficient approach to the use of the land. Member Leeder stated preference for the publicstreet. Chair Heyl sated preference for the public street. All voted in favor. Motion carried 7 -0. Member Gladhill moved, Member Leeder seconded a motion to recommend denial of a Rezoning from R -1, Sin°cle fa ily to PD, Planed Development upon 2.3 acres of land located north of 500 Gun CIu ad (Outlot a Long Acres) in the SE 1 /4 of Section 36. Reasons for denial are t ` ' a s those listed for the above Rezoning from A, Agriculture to ,P lanne ye opmon upo five acres of land located at 500 Gun Club Road, n Member Gladh'i Preliminary Plan . access upon 7.3 acres 44, of Section 36. All void in favor. Motion carried All voted in favor. Motion carried 7 -0. oved, Member Chavez seconded a motion to recommend denial of a d D velopment to create 19 lots and one outlot with private street ocated at 500 Gun Club Road in the SE % of Section 36. Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Preliminary Subdivision to create 19 lots and one outlot for a small -lot single family development with private streets upon 7.3 acres located at 500 Gun Club Road in the SE'/4 of Section 36 because the following requirements are not being met: REPORT DATE: October 20, 2004 APPLICANT: Manley Land Development PROPERTY OWNER: Manley Land Development REQUEST: Rezoning, Preliminary Subdivision, Preliminary Planned Development — LOCATION: 500 Gun Club Ripd. COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agriculture and R -1, Single - Family Residential SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN CASE: 36- PS- 16- 09 -04; 36- RZ- 14- 09 -04; and 36- PD- 08 -09 -04 HEARING DATE: October 26, 2004 APPLICATION DATE: Sept. 28, 2004 PREPARED BY: Pamela Dudziak Manley Land Development is requesting approval of a Rezoning from A, Agriculture and R -1, Single - family to PD, Planned Development, and a Preliminary Planned Development and Preliminary Subdivision to create 19 lots and one outlot for a small -lot single family development with private streets upon 7.3 acres located at 500 Gun Club Road in the SE1/4 of Section 36. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage /6 i Planning Report — Homestead Village October 26, 2004 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed 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." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. /6=2 Planning Report — Homestead Village October 26, 2004 Page 3 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY Since the 1980's, this area has been developing from large lot rural residential to low density single - family residents 1 sub3visions. Earlier this year the Long Acres subdivision was platted north and west of this site. East of Long Acres is the Pinetree Forest subdivision which was platted in 1997. To the northwest of the property is the West End Gun Club which has existed for decades. The Red Pine elementary school was constructed in 1995. The businesses along Biscayne Avenue were built between 1979 and 1992. To the south in Rosemount, the land remains rural. In 2002, the City reviewed the land use and zoning designations for the existing businesses along Biscayne Avenue. The result was to continue the industrial use designations on some of those properties, and designate others for retail commercial use. In 2001, with the city -wide update of the Comprehensive Guide Plan, the City considered the existing uses in determining the land use designations in the area. While existing uses were accommodated into the future (with the Park designation for the gun club, and industrial and commercial designations for the businesses along Biscayne Avenue), the Low Density land use designation for other surrounding rural or vacant parcels was affirmed. EXISTING CONDITIONS The property is guided LD, Low Density (0 -4 units per acre) and the southerly five acres is currently zoned A, Agricultural. The northerly 2.3 acres is Outlot B from the Long Acres development that is currently under construction. This outlot is wooded and contains a wetland. The southerly five acres contains an existing single family home in the southeast corner of the site and there are some trees near the existing house. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: /63 Planning Report — Homestead Village October 26, 2004 Page 4 EVALUATION OF REQUEST Proposal — The applicant is proposing to subdivide the property into 19 lots which range from 5,695 to 13,626 sq. ft. in area. One outlot is proposed for private streets and the wetland area in the northerly portion of the site. The existing home is proposed to be removed. Access into the site is provided via a private street from Biscayne Avenue which extends to a temporary cul -de- sac at the southwest comer of the site. This street is expected to connect to a public street in the future should 120 Street be extended to the west. A large retaining wall is proposed along the north side of the private street. The developer is requesting a Planned Development because most of the lots are less than 12,000 sq. ft. in area and thus, do not satisfy typical R -1 zoning standards. Also, access is proposed via private streets, and reduced yard setbacks are proposed. The applicant indicates that the homes in this development will be similar to those in the Centennial Ridge subdivision (southeast of Diffley Road and Johnny Cake Ridge Road) which was also a Manley Land Development project. Compatibility with Surrounding Area — The single - family detached use is consistent with the surrounding development. However, the small -lot design of this subdivision and the use of private streets for access are a departure from the character of the surrounding area. While the proposed gross density of 2.6 units per acre is only slightly higher than the Long Acres development and both are well under the Low Density maximum of four units per acre, the smaller lots result in a perceived higher density of this subdivision, both as compared to the surrounding subdivisions in Eagan, and as compared to the property to the south in Rosemount. The adjacent property in Rosemount is designated Rural Residential and carries zoning designations of both Rural Residential (gross density = one unit/five acres) and AGP Agricultural Preserve District (gross density = one unit/40 acres). The applicant has submitted a narrative indicating that the proposed smaller lot development is part of a greater long -term master plan for development/redevelopment in the area south of Red Pine Lane and east of Hwy. 3. As such, evaluation of this proposal should consider the surrounding area and the existing "mix of land uses that can be improved upon and created into a unique neighborhood with its own sense of place." The narrative states that "Manley Land /6� Existing Use Zoning Land Use Designation North Vacant R -1, Single - Family Residential LD, Low Density Residential South Rural Residential (Rosemount) Rural Residential; Agriculture; and Agricultural Preserve District Rural Residential East Single Family Residential (under construction) R -1 LD West Vacant; Gun Club R -1; P, Park LD; P, Park and Recreational Open Space Planning Report — Homestead Village October 26, 2004 Page 4 EVALUATION OF REQUEST Proposal — The applicant is proposing to subdivide the property into 19 lots which range from 5,695 to 13,626 sq. ft. in area. One outlot is proposed for private streets and the wetland area in the northerly portion of the site. The existing home is proposed to be removed. Access into the site is provided via a private street from Biscayne Avenue which extends to a temporary cul -de- sac at the southwest comer of the site. This street is expected to connect to a public street in the future should 120 Street be extended to the west. A large retaining wall is proposed along the north side of the private street. The developer is requesting a Planned Development because most of the lots are less than 12,000 sq. ft. in area and thus, do not satisfy typical R -1 zoning standards. Also, access is proposed via private streets, and reduced yard setbacks are proposed. The applicant indicates that the homes in this development will be similar to those in the Centennial Ridge subdivision (southeast of Diffley Road and Johnny Cake Ridge Road) which was also a Manley Land Development project. Compatibility with Surrounding Area — The single - family detached use is consistent with the surrounding development. However, the small -lot design of this subdivision and the use of private streets for access are a departure from the character of the surrounding area. While the proposed gross density of 2.6 units per acre is only slightly higher than the Long Acres development and both are well under the Low Density maximum of four units per acre, the smaller lots result in a perceived higher density of this subdivision, both as compared to the surrounding subdivisions in Eagan, and as compared to the property to the south in Rosemount. The adjacent property in Rosemount is designated Rural Residential and carries zoning designations of both Rural Residential (gross density = one unit/five acres) and AGP Agricultural Preserve District (gross density = one unit/40 acres). The applicant has submitted a narrative indicating that the proposed smaller lot development is part of a greater long -term master plan for development/redevelopment in the area south of Red Pine Lane and east of Hwy. 3. As such, evaluation of this proposal should consider the surrounding area and the existing "mix of land uses that can be improved upon and created into a unique neighborhood with its own sense of place." The narrative states that "Manley Land /6� Planning Report — Homestead Village October 26, 2004 Page 5 Development would like to continue its commitment to redevelopment by continuing to purchase properties in this area and work toward a greater master planned community consistent with Eagan's comprehensive plan." Toward that end, Manley Land Development has hired a Master Planner to examine the area and this proposal is one piece of their larger vision for the area. The narrative states "the proposed development is consistent with the comprehensive guide plan" and that the "smaller single family lots" proposed in this development "could appeal to a larger demographic than the standard single family lots." Airport Noise Considerations — The property lies outside the airport noise policy zones. Density — The proposed nineteen lots on 7.3 acres results in a gross density of 2.6 units per acre. The northerly 2.3 acres is a remnant outlot from the Long Acres subdivision, which was excluded in the density calculations of that development. The net density based on only the five -acre residential area of the site (excluding ROW and Outlot A) is 3.8 units per acre. Lots — The applicant is proposing to subdivide the southern portion of the property into nineteen lots for single - family homes. An outlot will encompass the proposed private streets and the northern portion of the property containing the wetland. The lots range in size from 5,695 sq. ft. to 13,626 sq. ft in area. The pie- shaped and corner lots are larger and the interior lots are smaller. Most of the lots are less than 12,000 sq. ft. in area and do not satisfy minimum single - family residential standards. This is one reason the PD zoning is requested. The rectangular lots are generally 51 feet wide, some wider and a few narrower. Comer lots are wider to accommodate the larger setback requirements from the streets. Lots 2, 6, 7, 8, and 9 have less than 50 feet of frontage at the curb. These five lots are all somewhat pie - shaped and have 50 feet of width at the building setback line. Planned Development zoning is intended to provide flexibility that is mutually beneficial and that cannot be achieved through standard zoning. For example, through the use of smaller lots, a site design would result in greater environmental sensitivity and more efficient use of land. The developer has not demonstrated the public benefit of the proposed Planned Development. However, the developer has indicated that the proposal is part of their broad vision for development/redevelopment of the larger surrounding area. Additionally, the narrative indicates that the proposed small lots would provide variety in the area and may "appeal to a larger demographic than standard single family lots," while still being in keeping with the city's LD, Low Density land use designation. The acceptability of the proposed PD, with the 5,695 to 13,626 sq. ft. lots, is a policy matter to be determined by City officials. Setbacks — The site plan is showing a private street for access through the development. The City Code requires a minimum building setback of 25 feet from the curb of a through private street, and 20 feet from the curb of a private cul -de -sac. /‘-c- Planning Report — Homestead Village October 26, 2004 Page 6 Unless otherwise approved through a Planned Development, standard single - family setbacks apply. Minimum side yard setbacks are ten feet for living space and five feet for garages, and rear yard setbacks are 15 feet. The minimum structure setback from the proposed private through street is 25 feet, from the private cul -de -sac is 20 feet, and from the public streets (Biscayne Avenue and future 120 Street) is 30 feet. The proposed development complies with the minimum required setbacks from both public and private streets. The proposal incorporates side yard setbacks of ten feet on one side and five feet on the garage side. This results in a minimum distance between buildings of 15 feet. However, the proposed five -foot side yard setback for living space behind the garage is a deviation from typical single - family standards, which require a minimum setback of ten feet for living space in a side yard. This setback deviation is part of the requested Planned Development zoning and it is a policy matter for City officials to determine if it is acceptable. The developer will be required to provide actual setback m orma ion wi e application for Final Planned Development. Final Planned Development — Staff is skeptical about the ability of these lots to be built without setback and lot coverage deviations, as was the case in a similar development (Centennial Ridge). In fact, the Centennial Ridge development has an overall lot coverage of 25.2 %, an increase from the typical 20% for residential lots. In addition, that development saw a higher demand for rambler style homes than two- stories, which resulted in a higher lot coverage ratio overall. Deviations such as lot coverage can be addressed at the time of Final Planned Development. However, creating small lots with the subdivision, particularly where yard space is not reserved in common, may create a necessity for such deviations. For this reason, the Final Planned Development for the residential portion of this development should be submitted prior to final subdivision approval. Final subdivision approval should occur only after, or simultaneously with, approval of the Final Planned Development. Homeowners' Association — A homeowner's association will be necessary for common ownership and maintenance of the private streets. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City Attorney prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. Landscaping — A landscape plan was submitted. The majority of proposed trees are Black Hills Spruce, Red Oak, and Sugar Maple and fulfill mitigation requirements. The evergreen trees are concentrated around the south and east boundaries, adjacent to the public streets. Deciduous trees are proposed one in each front yard, some in the area where back yards are abutting, and north of the access on Biscayne Avenue. /66 Planning Report — Homestead Village October 26, 2004 Page 7 Landscape plans are not typically required for single - family developments, however, requiring landscaping on this site would be appropriate because of the Planned Development zoning. The plan shows more mitigation trees than landscape trees. The application for Final Planned Development should include a landscape plan. The Final PD landscape plan should include front yard or boulevard trees in addition to the perimeter landscaping. Grading — The preliminary grading plan is acceptable. The existing site is open and generally slopes to the north. Storm Drainage — The preliminary storm drainage plan is acceptable. A public storm sewer system will be constructed with the development to handle storm water runoff. This system will drain to a storm water pond constructed within the development before discharging to Pond LP- 23 to the north. City Project 905 — Lebanon Hills/ Long Acres Trunk Storm Sewer Improvements approved by the City Council July 6, 2004 will provide for the controlled outlet of Pond LP -23. Wetlands and Water Quality — This 7.3 -acre proposed single - family subdivision is located in the City's LP 1- watershed, which is in the southeast corner of Eagan and which drains toward Lebanon Hills Regional Park. The developer proposes to meet the City's water quality requirements to treat stormwater on site by directing runoff to a pond that would be constructed adjacent to a wetland area on the north side of the parcel. The wetland is designated by the Minnesota DNR as a public water wetland. The developer is not proposing to impact it by draining, filling, or excavating. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). The parcel is proposed to have a total impervious fraction of 42 percent, which is high for this kind of development. A minimum wet -pond volume of 0.55 acre -feet covering a minimum area of 0.25 acres is needed to treat the stormwater generated by this development. Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main are readily available for connection and extension by the development from Biscayne Avenue to the east. Streets /Access /Circulation — Biscayne Avenue along the east edge of the site is a neighborhood collector street currently under construction with the Long Acres development. The developer is intending to serve the development entirely with private streets extended from Biscayne Avenue. A private street is proposed to be extended to the southwest corner of the site for future connection with the planned construction of 120 Street along the Eagan/ Rosemount border (see attached site plan). While it will end in a temporary cul -de -sac initially, this through street should be a public street, not private. Previous similar developments within the City, where a private street connects two public streets, have led to complaints from the private street residents which include concerns about cut - through /6� Planning Report — Homestead Village October 26, 2004 Page 8 traffic, associated safety problems and the private maintenance responsibilities of street pavement with a decreased life cycle due to increased traffic Given the likely future connection to two potentially high -use public streets (Biscayne to 120` Street), the through street serving the development along its north and west edges should be constructed as a public street, with adequate right -of -way, street design, and building setbacks. Easements/Permits /Right -of -Way — The developer should be responsible for obtaining adequate private easement for the temporary turnaround proposed on the private street, if approved, in the southwest comer of the development. If this street is required to be public, the developer should be responsible for obtaining public street easement for construction of a temporary cul -de -sac. The easement should be in a form acceptable to the City Attorney. Tree Preservation — A tree inventory submitted with this application indicates that there are 62 significant trees in the inventory. Twenty (20) significant trees are actually located within the new proposed development site, while the remaining 4 sZig ificant trees are oc e to the north of the proposed roadway entrance (this area was originally part of the Long Acres development site). Individual tree size and species break down is as follows: Species Conifer (Pine, spruce) Avg Diameter 8" Dia. Range Count Percent of Total 3 " -9" 51 82% The balance of the tree inventory is comprised of a variety of deciduous trees, including species such as green ash, white poplar, silver maple, bur oak, and black walnut trees averaging 10" in diameter. The development as proposed will result in the removal of all sixty-two (62) significant trees (100 % of the total). According to the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development proposal (single - phase, multiple -lot, single -unit residential) is set at 40% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation to replace trees removed in excess of allowable limits calculates to 108 Category B trees, or an equivalent combination of Category A (54) and/or Category C (216) trees. The applicant has submitted a Tree Mitigation Plan that shows the installation of fifty -five (55) Category A trees. Parks and Recreation - Parks and trails dedication due for the development shall be satisfied through a cash dedication paid at the time of final subdivision at the rates then in effect. Based on the 2004 Fee Schedule, the per -unit rate would be $1,913 for parks and $197 for trails. /�g Planning Report — Homestead Village October 26, 2004 Page 9 SUMMARY /CONCLUSION Manley Land Development is requesting approval of a Rezoning from A, Agriculture and R -1, Single - family to PD, Planned Development, and a Preliminary Planned Development and Preliminary Subdivision to create 19 lots and one outlot for a small -lot single family development with private streets upon 7.3 acres located east of Hwy. 3, just north of the Rosemount border. The proposed lots range from 5,695 to 13,626 sq. ft. in area and most do not satisfy typical R -1 zoning standards. In addition to lot size, other reasons for the PD are the proposed private streets and reduced yard setbacks. Also, lot coverage ratios are expected to be higher than 20 %, the typical R -1 standard. The single - family detached use is consistent with the surrounding development, however, the small -lot design and private streets are a departure from the character of the surrounding area. Because it will eventually connect two public streets, the proposed through street should be public, not private. As a public street, additional right -of -way width will be necessary, as well as greater structure setbacks (30 feet rather than the proposed 25 feet). The plans should be revised to show a public street. A homeowners' association is required for ownership and maintenance of Outlot A. Grading and storm drainage plans are acceptable. Tree mitigation is required for tree removal above the allowable limit Site landscaping should be provided in addition to tree mitigation. The developer is required to obtain easement (whether private or public) for the temporary turnaround in the southwest corner of the development. Park and trail dedications shall be fulfilled through a cash dedication. The applicant indicates that this development is part of a larger long -term plan for development/ redevelopment in the area south of Red Pine Lane and east of Hwy. 3. It is a policy matter for city officials to determine whether the proposed PD. and its deviations (lot size, setbacks, possibly lot coverage, private streets, etc.) are acceptable. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agriculture to PD, Planned Development upon five acres of land located at 500 Gun Club Road in the SE Y4 of Section 36. To recommend approval of a Rezoning from R -1, Single - family to PD, Planned Development upon 2.3 acres of land located north of 500 Gun Club Road (Outlot B, Long Acres) in the SE 1/4 of Section 36. /69 Planning Report — Homestead Village October 26, 2004 Page 10 To recommend approval of a Preliminary Planned Development to create 19 lots and one outlot with private street access upon 7.3 acres located at 500 Gun Club Road in the SE 1 /4 of Section 36. If approved the following conditions should apply: 1. The property shall receive final subdivision/plat approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Landscape /Tree Mitigation Plan Final Building Elevations Plan 1. The property shall be platted. 2. The Final Planned Development for the residential portion of this development should be submitted prior to final subdivision approval. Final subdivision approval should occur only after, or simultaneously with, approval of the Final Planned Development. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents shall be submitted and approved by the City Attorney prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. 4. Unless otherwise specified in the Final Planned Development approval, standard R -1 zoning setbacks apply to the residential portion of this development. Minimum required setbacks shall be as follows: • Front yard setback from curb of private through street — 25 feet • Setback from public streets — 30 feet • Side yard setback (living space side) — 10 feet • Side yard setback (garage side) — 5 feet • Distance between buildings —15 feet • Rear yard setback —15 feet (see appropriate street setback if rear yard abuts a street) • Decks must also adhere to these setbacks except as otherwise provided in City Code 5. Each unit shall provide a two -stall garage as a minimum. 6. Unless otherwise approved with the Final Planned Development, building coverage shall not exceed 20% of the lot area for any lot within the development. Planning Report – Homestead Village October 26, 2004 Page 11 7. The application for Final Planned Development shall include a landscape plan. The Final PD landscape plan shall include front yard or boulevard trees in addition to the perimeter landscaping. 8. The developer shall submit the final building elevations and exterior materials and colors with the Final Planned Development. To recommend approval of a Preliminary Subdivision to create 19 lots and one outlot for a small -lot single family development with private streets upon 7.3 acres located at 500 Gun Club Road in the SE' /4 of Section 36. Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on N'ebruary 2, 199.3: Al, 131, B2, B3; $4, , -i 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents shall be submitted and approved by the City Attorney prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. 4. Erosion control practices during land disturbance activities shall comply with the City's erosion control ordinance and shall be maintained throughout construction. 5. The street serving the development along its north and west edges shall be constructed as a public street, with adequate right -of -way, street design, and building setbacks. 6. The developer shall be responsible for obtaining adequate private easement for the temporary turnaround proposed on the private street, if approved, in the southwest corner of the development. If this street is required to be public, the developer shall be responsible for obtaining all necessary public street easement for construction of a temporary cul -de -sac. The easement shall be in a form acceptable to the City Attorney. 7. The development shall meet the City's water quality requirements by creating a minimum stormwater treatment capacity of 0.55 acre -feet covering a minimum area of 0.25 acres. 8. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet structure acceptable to the City Engineering Division. /7/ Planning Report — Homestead Village October 26, 2004 Page 12 9. The application for Final Planned Development shall include a Landscape /Tree Mitigation plan. The plan shall include front yard or boulevard trees in addition to the perimeter landscaping. 10. The applicant shall fulfill required tree preservation mitigation through the installation of fifty -four (54) Category A trees, or an equivalent combination of Category B and Category C trees. 11. The park and trail dedications shall be satisfied through a cash dedication. n o2 FINANCIAL OBLIGATION - Homestead Village - Preliminary Subdivision There are pay -off balances of special assessments totaling $ - on the parcel proposed to be subdivided. The pay -off balance will be allocated to the lots created by the Subdivision. At this time, there are pending assessments in the amount of $20,774 on the parcel proposed for subdivision. The pending assessment is related to Project 905, Lebanon Hills Storm Sewer This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using_the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT Sanitary Sewer Trunk Water Trunk Storm Sewer Trunk Total USE S.F. S.F. S.F. RATE $1,000/Lot 1,040/Lot .095 /Sq. Ft. QUANTITY 19 Lots 19 Lots 154,324 Sq. Ft. AMOUNT $19,000 19,760 14,661 $53,421 A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications STANDARD CONDITIONS OF PLAT APPROVAL 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a cul -de -sac constructed in accordance with City engineering standards. /7Y LTS #5 STANDARD.CON H. Other 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 /7,5" Revised: February 2, 1993 Iii f- 1■1111r_rs city of eagan Community Development Department Location Map Map Prepared using ERSI Arc by Dakota County Office of G 1000 0 map data provided as of January 2004. 1000 Development/Developer: Homestead Village Application: Rezoning; Preliminary Subdivision; Preliminary PD Case No.: 36- RZ- 14- 09 -04; - _._6- 09 -04; 36- PD- 08 -09 -04 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. Eagan Boundary A/ Street Centerline n Parcel Area Building Footprint 2000 Feet Current Zoning and Comprehensive Guide Plan Homestead Village Land Use Map Case No. 36- PS- 16 -09 -04 Zoning Map K' `' �� ��I di f IM 1 A 1. r ;�� . ed , R_1 Dr R.1 l IMP. r ,IilI NB PF - f NB — 01111 VIM Current Zoning: A, Agriculture R -1, Single Family Residential _ 1 (( I _ Loeation A r 000 0 000 1200 F..t A MO A IIIMMIF A 11111L. / Comprehensive Guide Plan Land Use Map LD �j��� ' ' LD �„ �`m ar � ; � � iz ■■■i � � ♦j ME I. EN EP :gr. .0 a . w . . no III - IND �i:. in LD w01110E m Shill NW ■■ II IN Current Land Use Designation: LD Low Density ,MAW:-�.a ■ ■ I� II . i Location ^ I ...WW1 win �/ NI NI MN h um MI M MI :■..• . — .r.rrr ��r 1�W 11 ii 00. 0 000 1200 Feet „f1122. Parcel base map information • vi • edb Dakota P Y tY Land Survey Department Jane 2003. Zoning rmatio ;, in.d bygty San City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S z f... a § _1 w 5 5 Z 0 > La Ln ( (r) W V) Z 1 -L 1 CC Z — p 0 - 01 — D a a 1 J- 3 P _a rx P Li Z ,-3 Z _./ , 0 )- >- )-.:***;- . < < < 0 - loZZZ< coALL,Lauiz m5 CI. La 0. 0_ 0...-1 • Csi N'S 1 iri 6 \, (i) I \ Z \ _I z uJ LU 0 I < _J 5; LiJ C:) CD :5 LiJ Z u") z w < , LI 0 a- < LLI CC LLI 0 Z rg g 1 I 1, t 4 5E18 I : ■=C r • ......, ( . - 7: - : - - - - .. 2 _ . • • /.... , .. .:.....? ,_ 1 1 '' , ........ Ca g 1 1 \ I •- • 3, 88 S Fag gra 2. 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GRADING to P W 2 Z W 0 0 0 z -J } W J 4y if4 poi 0.•o :.i oo =vi i o I " —=== : PRELIM. UTILITY PLAN J a 0 F z W 0 0 w z J Y W J Z N W ¢ Z_ J ea id a8 Iielollo % #lelol 006 Z9 0 0 L 006 Z9 N N C N aAoweH a'eS I TOTAL' City -ROW Dead Non - Significant Hazard 5 :t i Mtt dill' Pi 111 p If: 1II u n T . n o n e n M moo 6 =:K agp 6 w 11111111iEERE'] E E SS f • EEEE!E:EEEEEEEE' I3E ;EE.EE >TE 1 1111EEEE:EEEE .EEFE.T F•E E E -E E.E11E E E E EEE EEE.EF E. E E E E E E E E E EE '411 4;,18Ef88d,6WEfud1=; FB;414 14 44 :8E8684CC. dkd __1 E!11111 111111 ` s �!1! s.sssc. tit TEE 1 EE €€F EEEE EE E :E EF E E' 111114144444;441!W • 11€ 1'"[111 aE saa 6f'Es g it ECEE - P�.f I! 4 li 7 ,14 Ej 1 4 2 !1P, i ` 1 i F l � F + i :!'�� N f 1.,I p i #41,0 1 1 1. ' �i I # � 4 1>i l l t ! _L L LANDSCAPE & TREE PRESERVATION /MITIGATION / to L / 8y t c x W 0 J w O 0 z u d N h CZ LJ ra L.) Agenda Memo November 16, 2004 City Council Meeting VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE DIRECTION TO BE CONSIDERED: There is no action to be considered at this time. This item is for information only. BACKGROUND: • Per the request of the Council, an agenda item has been added for the purpose of providing an update on the discussions regarding the Caponi property. • Enclosed are the meeting notes from the November 10 stakeholders committee meeting. • The Council's Caponi subcommittee (Councilmember Carlson and Councilmember Maguire) met on Tuesday, November 9. Meeting notes from the November 11 meeting will be forthcoming. ATTACHMENTS: • Enclosed on pages /S and/Pare the meeting notes from the November 9, 2004 Caponi Stakeholders meeting. /g� CAPONI STAKEHOLDERS MEETING Notes of Meeting of Wednesday, November 10, 2004 Attendees Richard Schaffer, Caponi Attorney Tony and Cheryl Caponi Chip Lendeke, Caponi Art Park Board Bob McGillivray, Trust for Public Land Mike Dougherty, City Attorney Ken Vraa, City Consultant Paul Olson, City Staff Notes • The fourth draft of the Maintenance Agreement (MA) as prepared by Dick Schaffer, in accordance with a review completed at a prior meeting, was presented and discussed. Other than minor modifications to the format and clarifications of the legal descriptions, the document was determined to be satisfactory. Dick and Mike will work to put it in a final form. • The Caponi's presented a second draft of the Operating Agreement (OA), having used the first draft dated 10/26/04 as the basis. Issues identified with the second draft included; 1. Clarification of paragraph #11 "Security and Control ", to ensure the provision were compliant with the requirements of the Lawcon and County grants. 2. Suggesting that the Art Park make an annual informational presentation to the City summarizing on -site activities and improvements. 3. Clarification of a method for City input regarding the 30 acres of land it would own (S 20/NE 10). This could be accomplished by reference, actual or inferred, to another of the agreements. Mike and Dick will review the document and incorporate changes as appropriate. • Clarification from Al Singer of Dakota County regarding the potential implications of a sanitary sewer easement across the south 20 acres will be needed. The sewer would serve a future onsite building. Paul will talk with the City Engineering Department regarding the logistics of extending sewer from the north . • The issue of a "lot split" versus a PUD for the property was discussed. The City has requested that a PUD be created and the new lots be platted. A property within the City must be platted to be built upon. A PUD will also define the future use of the properties in the event of a change in ownership or a default. A PUD may also negate the need for a County conservation easement over the middle 20 acres, this must be clarified with Al Singer. The applicant, TPL, will need to go through the subdivision process to create the PUD. The issue of applying /sharing /reducing the fees associated with the application was discussed, but not resolved. Council clarification may be required. /8E • The Memo of Understanding (MOU) was reviewed by the Council Caponi sub- committee at a workshop on November 9` The Council members expressed concern regarding several issues addressed in the MOU, one of the primary issues being the need for a PUD. Mike Dougherty and Dick Schaffer will work to find to refine the MOU and address the Council concerns as quickly as possible. • The Caponis and TPL shared their concern over the time frame for finalization of the MOU and PUD and the need to meet impending year -end deadlines for funding. • Work continues on the required Resource Management Plan for the south 20 acres. Al has completed a review of the first draft, City staff is in the process of incorporating a number of the suggested changes. • Upon the conclusion of the meeting, City staff brought the Caponi's and Bob M to the Community Development Department where they were provided with the appropriate application materials for a PUD /subdivision and were briefed on the process by Sheila Cartney, Planner. • A date for the next meeting was not set, though 9 AM,Wednesday, December 1, is hereby suggested and shall be considered as the date unless notification of an alternative date is made. /82 Agenda Memo November 16, 2004 City Council Meeting IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE CORRESPONDENCE TO THE METROPOLITAN AIRPORTS COMMISSION (MAC) WITH COMMENTS ON THE PRELIMINARY 2005 -2011 CAPITAL IMPROVEMENT PROGRAM. DIRECTION TO BE CONSIDERED: To approve correspondence to the Metropolitan Airports Commission (MAC) with comments on the preliminary 2005 -2011 Capital Improvement Program. BACKGROUND: • Per legislation passed in 1998, the MAC is required to complete a process to provide "affected municipalities" surrounding the airport the opportunity for discussion and public participation in the MAC CIP process. • As an affected municipality, the City of Eagan has the opportunity to submit comments on the proposed CIP by November 19, 2004. • The Airport Relations Commission (ARC) reviewed the proposed CIP at its October meeting, and recommended approval of the attached correspondence at the November 9 ARC meeting. • Pending Council consideration, the letter will be forwarded to the MAC in advance of their consideration of the MAC Preliminary CIP. ATTACHMENTS: • Enclosed on page/ is the proposed 2005 -2011 Preliminary MAC CIP. • Enclosed on page 9Q is the proposed correspondence to be sent to the MAC with comments pertaining to the preliminary 2005 -2011 Capital Improvement Program. timi — — m : - .7 war: 11 NOW MSP Protect TABLE 1 MINNEAPOLIS / ST. PAUL INTERNATIONAL AIRPOR1 2006 - 2011 CAPITAL IMPROVEMENT PROGRAM Capital improvement Program Capital Improvement Plan 2005 2006 2007 2006 2009 2010 2011 Runway 17/35 Program (1) Runway 17/35 Construction (see Table 2) 945.000,000 • (1) Runway 17/35 Land Acquisition Budget 10 be established In December based on number el properties remaining to be pv.chssed Subtotal Runway 17/35 Program $95,000,000 S0 S0 SO 00 SO SO Runway 4/22 Development Program (1) Not Side Mona Sewer $3,400,000 Subtotal Rummy 422 Development Program 53,400,000 SO SO SO S0 SO SO Noise Mitigation Program (1) Residential Sound Insulation (Inside 2007 MI. 65 contour) 97,425,000 (1) Reskiential Sound Insulation (2007 DNL 60-64 contour) 516,200500 416500,000 516,200,000 (1) S(104 Sound Insulation $5,000.000 Subtotal Noise A6tljebon Proofs 57 425 000 $21,200,000 510,200,000 $16,200,000 SO SO 50 Tedway C/D Complex Construction (1) Taxiway C/D Complex 95,000,000 016,000500 910,000,000 Subtotal Tadway CV Complex Construction 55,000,000 515,000,000 510,000,000 SO SO S0 SO Airfield Rehabilitation Program (2) /lkside Bituminous Construction 6500,000 6500,000 0500.000 5500.000 0500,000 0500.000 0500.000 (2) Pavenee Rehabilitation - Aprons 16,700,000 13,900,000 53,500,000 (2) Pavement Rel.b1heliol Taidway NH 65.400,000 (2) Pavemam Joke Sesli e/Repai 5500.000 $500.000 5500.000 6500.000 (2) S101m Water Pod Modifications 0500.000 Subtotal Airfield Rehabilitation Program 513,100,000 54.300,000 54,000,000 51,000,000 $1,000,000 $1,000,000 $1,000,000 Runway Rehabilitation Program (2) Pavement Rehabilitation - Runway 1211308 Seg. 2 020.000,000 (2) Pavement Rehabl6tation - Runway 12R/301. Seg. 2 015,000,000 Subtotal Runway Rshab6h&tlou Program SO $0 515.000,000 520,000,000 SO SO SO Llndberghlnal Rehabilitation and Development Program (4) Ctnxngdal Roadvay Bag Belt 01.000.000 (2) Intonational Arrivals Feebly 5300,000 $200,000 (4) Lindbergh Terminal Bag ClabJAMke -up Area 51,000,000 9900,000 (4) West Mez2anina Flashes $1,000,000 Subtotal Lindbergh Terminal Expansion and Rehabilitation Program 51,300,000 51,900,000 51,200,000 50 SO SO SO Humphrey Terminal Development Program (4) Ground Services Equipment Building 62,000,000 Subtotal Humphrey Terminal Development S0 $2,000,000 SO SO S0 50 50 Landslde Rehabilitation &Plepair Program (2) L andeide Bituminous ConatnSgon $ 400. 000 1400,000 5400,000 0400,000 $400,000 5400,000 $400,000 (2) Parking Stmclue RehabSlation 01,000000 01,000,000 $1,000.000 51,000.000 81.000,000 51,000.000 11.000,000 (2) Lkrtlbergh Tanked Interior Rehabilitation S5,900,000 (2) Building Endwior Rehabilitation - • (4) Terminvl Air Handling Units Replacement • (4) Terminal Complex SpdnWa System Modifications • (4) Tenn Electrical Modifications • ( Terminal Mechanical Modifications • (4) Terminal Miscellaneous Modifications • (2) Wxn *o.y Terminal a MOP Canpua Mods • Subtotal Landilde Rehabilitation and Repair Program $10,000,0.70 S3, 100, 000 53,100,000 03,100,000 .93,100,000 53,100,000 53,100,000 •$1,700 ,000 wettable to be need bud the Ngh.al priority projects from Mess catego4.0 Miscellaneous Field and Runway Program (3) Apron GSE Lightly Upgrade S500.000 5500000 ( ( ( Miscellaneous Consbuclion 5400.000 0400,000 5904000 5400.000 $400,100 *404500 5400,000 Subtotal Miscellaneous Field and Runway 5400 ,000 5900, 000 5 900, 000 5400,000 5400,000 5400,000 $400,000 Miscellaneous Lardalde Program (3) Central Alarm/Monitoring/Fiber Optic Cade Installation 5500.000 5500.000 (4) Ovaibw Ramp/Employee Parking Structure 640,584000 $7.440.000 (1) MAC Cargo Buildings - Nr ROWS Peaky 62.100,000 (1) MAC Cargo Buldngs - Aides Belly Cargo Fac6ly 96.600.000 Subtotal Miscellaneous Lands/de Program 5500,000 557.760,000 $7,440,000 SO SO SO SO New Projects Program (4) ALEC North RelouOOn 515,000,000 (4) Cw. ll System Installation . ALEC Mods 62100.000 ( Runway 30R Safety Area Improvements $6.804000 (4) Maintenance Buid/ng Addition 07,200,000 (4) Reloads AMTrdrs: Cabo Tower 55.000,000 520.000.000 525.000,000 (1) RAC Servos 5le Paving 92,000.000 92,000,000 (3) Runway 30L Snow Sbrage/Mehl g Area 93,800000 (2) 348, Avenue Ramnsweeon - 7010 & a Not 82.100,000 (4) La0egll TwmiW EDS 0059060 Scramble 000 ,300,000 (4) BegOeg• Clain Rehebil.8on 93.500.000 $3,504000 (4) Undbergh Terminal Spdrsdsr Sworn 56,000.000 54,000,000 ( Emmy Swigs Pno)ods 91,000,000 (4) Generator Project 01,800,000 (4) Security Projects (Projects and budget to be 0s0blislW) (4) Non-Se Restaurant - mn 0000.000 (4) Concomitant Program Implementation (Budget Wes be established to December based on ramie* remaining horn the $410,000 allocated In 2004) (4) Runway 17 Dosing Pad amnion. Center 65,500,000 Subtotal New Proled6 Program . 5114,500000 522,000,000 553,300,000 59,500,000 50 50 50 ANNUAL TOTAL — MSP PROJECTS $200,625,000 0126,160,000 $111,140,000 $50,200,000 54,500,000 54,500,000 54,500,000 NOTES: (1) Includes projects that have potential environmental effects, which are discussed in Appendix A. (2) A rehabilitation or reoonatruction project that does not physically alter the original she (Project not Included in Appendix A). (3) An electrical or mechanical device Oaf monlor5, indicates or controls existing conditions (Project not included in Appendix A). (4) A structural, mechanical 04 electrical device and/or modification of an existing system Or structure that does not significantly increase size or passenger capacity (Project not included In Appendix A). /�9 PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center. 3830 Pilot Knob Road Eagan, MN 55122 -1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community city of ecigcin November 16, 2004 Metropolitan Airports Commission Attn: Robert Vorpahl, Program Development Engineer 6040 -28 Avenue South Minneapolis, MN 55450 Dear Mr. Vorpahl: Thank you for the opportunity to comment on the preliminary 2005 -2011 Capital Improvement Program (CIP). The City of Eagan offers the following comments and questions with regards to the proposed CIP. MSP International Airport 2020 Vision — According to the minutes of the October 6, 2004 Planning and Environment Committee, the plans included in the proposed 2020 Vision are not included in the MAC's preliminary CIP. Given that the 2020 Vision anticipates 60% growth in air traffic, and therefore would have a significant impact on the City of Eagan, additional financial information about the 2020 Vision should be provided through the CIP process. Furthermore, if the first phase of the 2020 Vision is to take place in 2007, as the proposal indicates, how can the MAC approve the 2005- 2011 CIP without such a significant project included? Moreover, how can the City of Eagan offer input on the CIP if no financial data about the Vision 2020 plan has been provided? Residential Sound Insulation Program —The City of Eagan has been adamant in its frustration with the MAC on the Residential Sound Insulation Program that was adopted by the MAC on November 15, 2004. The City remains disappointed and angered to see the CIP include a drastically reduced financial commitment to the sound insulation program for the 60 -64 DNL in 2006 -2008, particularly in light of the fact that during the CIP process in 2002, Commissioner McKasy, on behalf of the MAC, stood before the Metropolitan Council to affirm the MAC's commitment to spend $150 million on the residential sound insulation program in the 60 -64 DNL. Yet, the 2005- 2011 CIP only includes $48.6 million to fund a dramatically scaled back mitigation program in the 60 -64 DNL. Again, thank you for the opportunity to comment on the preliminary CIP. As Commissioner Houle recommended at the November 3 Planning and Environment Committee, the City of Eagan sincerely hopes that the MAC will actively include the communities in the discussions pertaining to Vision 2020. Sincerely, Pat Geagan Mayor I9a Agenda Memo November 16, 2004 City Council Meeting IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE B. NOISE OVERSIGHT COMMITTEE UPDATE DIRECTION TO BE CONSIDERED: No formal action is required. The Council is asked to provide direction to the staff on the City's future participation on the Noise Oversight Committee (NOC) should the proposed NOC bylaws changes not be adopted. BACKGROUND: • The MSP Airport Noise Oversight Committee (NOC) will be meeting on November 18 to discuss the bylaws and work plan of the NOC. • The NOC just recently met in September for the first time since April 2004. It was at the April meeting that the recommendation of the communities with regards to the residential noise mitigation program was passed on a 7 -5 vote (with one abstention). • Under the current NOC bylaws, both co- chairs must approve the monthly meeting agendas, and due to disagreement over how the noise mitigation vote took place in April, the two co- chairs could not agree on an agenda for five months. • At the September meeting of the NOC, there was significant discussion about the purpose and role of the NOC. There was a consensus amongst the community representatives that the bylaws need to be amended to improve the process of the meetings. • In preparation for the November 18 NOC meeting, the communities met to formulate recommended changes to the bylaws. It has been suggested that the bylaws be amended to: 1.) Remove the power of the co- chairs to cancel meetings; 2.) Add to the mission that the NOC is to serve as a balanced forum to improve the noise environment around the airport; and 3.) Provide a 15- minute public comment period to each agenda. • It is difficult to predict whether the airport user representatives will be amenable to bylaw changes being proposed by the communities. However, if they do not agree to the changes, it has been suggested by some of the community representatives that the communities withdraw from the NOC, and rather, continue to meet as a group of community representatives to tackle airport issues together, much in the way the communities jointly met with Chief of Staff McElroy this past September. • City Councilmember Fields is the City of Eagan representative on the NOC, and Assistant to the City Administrator Miller serves as Councilmember Fields' alternate on the NOC. ATTACHMENTS: • Enclosed on page /9 tare the bylaw changes being proposed by the NOC Community representatives. • Enclosed on page/P3 is the proposed 2005 NOC Work Plan. /9/ Vern Wilcox — Bloomington Representative, Gertrude Ulrich — Richfield Representative, Cyndee Fields — Eagan Representative, Will Eqinton — At Large City Representative, Scott Benson — Minneapolis Representative ARTICLE I Committee Mission r0,i!?s 0,:g pray* a balanced forum for the discussion, and evaluation and tooroo of noise impacts around Minneapolis-St. Paul International Airport through the following functions: o Identify, study and analyze airport noise issues and solutions and prepare recommendations to improve the noise environment ARTICLE V Co-Chairpersons 1. To review aiitt' agendas'4 thc co chairs is rcquircd for ARTICLE VIII Committee Meetings 1. Meetings will be scheduled every ;other month (odd number rionths) day to be determined by the Committee. Afaii*Svill btkeld ifWOrAlOacIbliSkess rittessitateslas rnutually dctcrmincd by the'tO,:ghaiCPtrsOnS. If any regular meeting day falls on a Saturday, Sunday or holiday, then the meeting shall occur on the next business day thereafter. Special meetings of the Committee shall be established through the mutual consent of the Co-Chairpersons or by a majority vote of the Committee. 2. Prior to every meeting, a Committee agenda review session will be conducted for Committee members and/ar, Alternates only Committee meetings will be open to the public. All decisions, staff direction and votes will be made during the public Committee meeting. lit comment period (-)j!1() mace thailfifteen minutes 4 .2 to en agenda. Speakem,-,...must be-konsoi* 0. members ofi e gmlnitteeo Eac will be limited to thrie minutes. Minneapolis /St. Paul International Airport (MSP) Noise Oversight Committee (NOC) 2005 MSP NOC WORK PLAN 1. PART 150 IMPLEMENTATION a. Establish Sound Mitigation Program home prioritization methodology b. Review Sound Mitigation Program implementation elements and process c. Prioritize and coordinate NCP Noise Mitigation and Land Use Measure implementation 2. MSP NOISE PROGRAM SPECIFIC EFFORTS a. Establish a comprehensive airport noise public information program b. Establish alternate engine run -up locations with Runway 17/35 in operation c. Develop a noise abatement sensitivity training program/materials for pilots d. Review NOC member cities' planning and development practices as they relate to known airport noise impact areas e. Establishment of aircraft operation/noise reporting information and format including Runway 17-35 3. CONTINUE REVIEW OF PUBLIC INPUT a. Assessment of nighttime operations and associated noise impacts b. Consideration of supplemental noise metrics c. Review and possibly enhance Public Input Meeting format d. Continue to review input received from the public input meetings as possible agenda items Note: Items 2a, 2c, 2d, 3a and 3d are carried forward from the 2004 NOC Work Plan. / `3 A. CALL TO ORDER B. ADOPT AGENDA APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS Pis G. ADJOURNMENT AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 16, 2004 119 1. PUBLIC HEARING for the Consideration of the Sale of the Lachenmeyer Property in the Nicols Ridge Development Area in the Cedar Grove Redevelopment District to US Home for Redevelopment Purposes 1. Redevelopment District Update /94/ Agenda Information Memo Eagan Economic Development Authority Meeting November 16, 2004 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the September 21, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page '/J° is a copy of the minutes of the September 21, 2004 EDA meeting. �y • Enclosed on pages �d is a copy of the resolution approving the minutes of the September 21, 2004 EDA meeting. /ys MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota September 21, 2004 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 21, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Fields, Tilley, Carlson and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the August 17, 2004 EDA meeting as presented. Aye: 4 Nay: 0 NEW BUSINESS PUBLIC HEARING FOR CONSIDERATION OF THE SALE OF THE LACHENMEYER PROPERTY IN THE NICOLS RIDGE DEVELOPMENT AREA IN THE CEDAR GROVE REDEVELOPMENT DISTRICT TO US HOME FOR THE REDEVELOPMENT PURPOSES City Administrator Hedges noted that this item is to be continued. Commissioner Maguire moved, Commissioner Tilley seconded a motion to continue the Public Hearing for the consideration of the sale of the Lachenmeyer Property in the Nicols Ridge Development Area in the Cedar Grove Redevelopment District to US Home for Redevelopment Purposes to the October 5, 2004 EDA meeting. Aye: 5 Nay: 0 MEMORANDUM OF AGREEMENT BETWEEN THE CITY, THE EDA AND UNITED PROPERTIES REGARDING THE RECORDING OF DOCUMENTATION CONCERNING THE PARTIES' PREDEVELOPMENT AGREEMENT FOR PROPERTY IN THE NORTH SUB- DISTRICT OF THE CEDAR GROVE REDEVELOPMENT DISTRICT Community Development Director Hohenstein discussed the proposed Memorandum of Agreement between the City, the EDA and United Properties. Commissioner Carlson moved, Commissioner Fields seconded a motion to approve a Memorandum of Agreement between the City, the EDA and United Properties regarding the Recording of Documentation Concerning the Parties' Predevelopment Agreement for Property in the North Sub - District of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 OTHER BUSINESS REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update on the status of the redevelopment districts. /96 ADJOURNMENT Commissioner Maguire moved, Commissioner Tilley seconded a motion to adjoum the meeting at 9:45 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681 -4600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /97 BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the September 21, 2004 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE SEPTEMBER 21, 2004 REGULAR MEETING CERTIFICATION I, Jon Hohenstein, Secretary /Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16 day of November, 2004. Jon Hohenstein, Secretary /Deputy Executive Director / Agenda Information Memo November 16, 2004 Eagan Economic Development Authority Meeting 1. PUBLIC HEARING FOR THE CONSIDERATION OF THE SALE OF THE LACHENMEYER PROPERTY IN THE NICOLS RIDGE DEVELOPMENT AREA IN THE CEDAR GROVE REDEVELOPMENT DISTRICT TO US HOME FOR REDEVELOPMENT PURPOSES ACTION TO BE CONSIDERED: To approve or deny a Resolution to Authorize the Sale of the Former Lachenmeyer Property at 3986 Cedar Grove Parkway to US Home Corporation for Redevelopment Purposes. FACTS: E. NEW BUSINESS • As a part of the Cedar Grove Redevelopment District activities, the City Council and EDA previously authorized staff to acquire properties south of Cedar Grove Parkway for future redevelopment. A number of properties has been purchased at this time. They consist of the former Lachenmeyer, Instant Testing, Eagan Pet Clinic and Beebe properties. • US Home Corporation has expressed interest in acquiring the properties to redevelop them in future phases of the Nicols Ridge housing development. US Home has indicated an interest in acquiring the former Lachenmeyer property at this time. • The City's development agreement with US Home provides the parameters for establishing the price for such a sale and the developer. City staff and attorney have negotiated a purchase agreement with US Home, which is in order for consideration at this time. • In order for the City to sell property for development or redevelopment purposes, a public hearing is required. The council previously scheduled the public hearing for this item of September 21, 2004 and notice was published in the official newspaper. This action item was continued from the September 21 meeting to permit completion of the agreement. ATTACHMENTS: • EDA Resolution approving the sale of the property at 3986 Cedar Grove Parkway to US Home Corporation on page AO • City Council Resolution approving the sale of the property at 3986 Cedar Grove Parkway to US Home Corporation on pages 0 20 / • Purchase Agreement on pages D..).-c:11 /99 CITY OF EAGAN RESOLUTION APPROVING SALE OF CITY OWNED PROPERTY TO US HOME CORPORATION FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR PROPERTY LOCATED AT 3986 CEDAR GROVE PARKWAY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the sale of real estate located at 3986 Cedar Grove Parkway in the Cedar Grove Redevelopment Area Located in TIF District No. 2 -3 to US Home Corporation for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary /Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16 day of November, 2004. Jon Hohenstein, Secretary/Deputy Executive Director ao CITY OF EAGAN RESOLUTION APPROVING SALE OF CITY OWNED PROPERTY TO US HOME CORPORATION FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR PROPERTY LOCATED AT 3986 CEDAR GROVE PARKWAY BE IT RESOLVED by the Eagan City Council to approve the sale of real estate located at 3986 Cedar Grove Parkway in the Cedar Grove Redevelopment Area Located in TIF District No. 2 -3 to US Home Corporation for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16 day of November, 2004. 00 / Maria Petersen, City Clerk PURCHASE AGREEMENT This Purchase Agreement ( "Agreement ") is made this day of , 2004 ( "Effective Date "), by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (hereinafter "Seller ") and U.S. HOME CORPORATION, a Delaware corporation (hereinafter "Buyer ") (collectively referred to as the "Parties "). WHEREAS, Seller is the owner of certain real estate located in Dakota Minnesota and legally described as set forth on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, the Property is located within City of Eagan's Tax Increment Financing District No. 1; and WHEREAS, Buyer has entered into a Development Agreement with Seller concerning the development of the Property and adjacent properties ( "Adjacent Property"); and WHEREAS, Seller is willing to sell the Property to Buyer and Buyer is willing to acquire the Property all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURCHASE PRICE. The purchase price for the Property shall be $264,900.00 ( "Purchase Price "). 2. PAYMENT OF PURCHASE PRICE. The Purchase Price shall be paid by the Buyer in cash or certified funds on the Date of Closing. 3. TITLE EVIDENCE. Within thirty (30) days after execution of this Agreement, Buyer shall obtain, at Buyer's expense, a title insurance commitment for an owner's title insurance policy from the Title Company (the "Commitment" and/or the "Title Evidence ") including proper searches covering bankruptcies, state and federal tax liens, judgment, unpaid taxes, assessments and pending assessments. The Buyer hereby acknowledges that the Seller will convey fee title to the Property subject to easements, encumbrances, covenants, conditions and restrictions of record, if any ( "Permitted Encumbrances "). Buyer shall be allowed ten (10) days after receipt of such Commitment for examination and the making of any objections to the marketability of the title other than the Permitted Encumbrances, such objections to be made in writing or deemed waived. TITLE INSURANCE. If any objections are so made, Seller shall have the option to cure the defect within thirty (30) days after notice from Buyer ( "Cure Period "), or Seller may provide notice to Buyer that Seller has elected not to cure the defect. In the event that the defect has not been cured within the Cure Period, Buyer shall have the option of (a) accepting title as it then stands and waiving Buyer's objections to title and proceed to closing; or (b) terminating this Agreement within five (5) days after expiration of the Cure Period. 4. REAL ESTATE TAXES. Real estate taxes for all years prior to the year of closing shall be Seller's responsibility. Real estate taxes due and payable in the year of closing shall be Buyer's responsibility. Buyer shall be responsible for real estate taxes in all years subsequent to closing. Buyer shall be responsible for any deferred real estate taxes (i.e. Green Acres taxes for the property, which shall be paid at closing). 5. SPECIAL ASSESSMENTS. Buyer shall be responsible for and shall assume any pending or levied special assessments against the Property. 6. WELL DISCLOSURE /SEPTIC SYSTEMS DISCLOSURE. Buyer shall be responsible for any and all costs related to any well(s) on the Property. 7. CLOSING. The closing shall take place on or before the date which is ninety (90) days subsequent to the Effective Date ( "Date of Closing ") at a place designated by Seller in Dakota County, time being of the essence. 8. OBLIGATION OF PARTIES AT CLOSING. At the closing between Buyer and Seller with respect to the Property: a. Seller shall: Execute and deliver a Quit Claim Deed conveying insurable fee title to the Buyer subject to easements, encumbrances, covenants, conditions and restrictions of record, if any, together with the terms and conditions of the repurchase agreement as set forth on Exhibit "B" attached hereto and incorporated herein ( "Repurchase Agreement "). Buyer acknowledges that the Repurchase Agreement must be recorded prior to any mortgage that Buyer takes against the Property and further that such mortgage must contain a clause that permits the Seller to acquire the Property at the price stated in the Purchase Agreement free and clear of any mortgage encumbrance. This provision shall survive the closing of this transaction and the delivery of any deed. ii. Execute and deliver the Repurchase Agreement in the form and text of Exhibit `B;" iii. Execute and deliver such other documents as may be reasonably required by Buyer to effectuate the sale and transfer of the Property. 2 b. Buyer shall: i. Make the necessary payments of the Purchase Price required under paragraph 2 of this Agreement; ii. Pay all recording fees and charges relating to the filing of the Quit Claim Deed; iii. Pay the title insurance premiums and the closing fee charged by the title company, if any; iv. Pay the state deed tax; v. Pay all costs relating to the updating of the Abstract of Title and the issuance of any title commitment or endorsements thereof; vi. Execute and deliver to Seller the Repurchase Agreement in the form and text of Exhibit `B "; vii. Execute and deliver such other documents as may be reasonably required by Seller to effectuate the sale and transfer of the Property; 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER. Seller makes no representations or warranties, whether express or implied, oral or written, concerning the condition of the Property or any improvements thereon. Buyer has undertaken all necessary due diligence, including any and all environmental tests Buyer deems reasonably necessary to satisfy itself as to the physical condition of the Property and any improvements thereon. Buyer is purchasing the Property "As -Is" with all faults. Notwithstanding the foregoing, Seller shall deliver to Buyer, within fifteen (15) days of the date hereof, all third party generated "due diligence" documentation in Seller's possession or control. Notwithstanding anything contained herein to the contrary, Seller makes the following representations and warranties: Authority. Seller has the requisite power and authority to enter into and perform this Agreement and those Seller's Closing Documents to be signed by it; such documents have been duly executed and delivered; such execution, delivery and performance by Seller of such documents do not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 3 aoy ii. Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of the Agreement. iii. Agreements. There are no leases, oral or written, affecting the Property or any part thereof, nor any other right, title or interest in or to the Property granted to any other individual or entity and Seller covenants to deliver possession at Closing free of all tenancies, occupancies, or other rights, titles or interest, except as otherwise set forth in this Agreement. 10. NOTICES. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, the next business day after being sent by reputable overnight commercial courier (e.g. U.P.S or Federal Express) or sent by facsimile (with verification of receipt) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): To the Buyer: U.S. Home Corporation 935 East Wayzata Boulevard Wayzata, Minnesota 55391 Attention: Lee Johnson, David Hinners, Mark Petersen With a copy to: Brett A. Perry, Esq. Messerli & Kramer, P.A. 1800 Fifth Street Towers, 150 South Fifth Street Minneapolis, Minnesota 55402 To the Seller: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 4 11. HEADINGS. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 12. GOVERNING LAW. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 13. HEIRS, SUCCESSORS AND ASSIGNS. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. Notwithstanding the foregoing, Buyer shall not be permitted to assign this Agreement or any of Buyer's rights or obligations hereunder without Seller's prior written consent, which may be granted or withheld in Seller's sole and absolute discretion. 14. DEFAULT. a. Seller's Remedies. If Buyer shall fail to consummate this Agreement for any reason, Seller, as its sole and exclusive remedy, may terminate this Agreement. b. Buyer's Remedies. If Seller shall fail to consummate this Agreement for any reason, Buyer, as its sole and exclusive remedy, may terminate this Agreement. 15. COMMISSION. Seller represents to Buyer that Seller has not engaged, and Buyer represents to Seller that Buyer has not engaged, any broker or agent in connection with the entering into of this Agreement, the sale or purchase of the Property, or the consummation of the transactions contemplated herein. 16.1 NATURE OF CONDITIONS. Buyer and Seller understand that in order for Buyer to proceed with development of the Property and closing the transaction contemplated by this Agreement, the following conditions must be satisfied on or before sixty (60) days after the date of this Agreement ( "Condition Date ") or other stated date: i. The Corporate Investment Committee of Lennar Corporation shall have approved this Agreement and the transactions contemplated hereby in this Agreement in writing by the Condition Date. ii. On or before the Condition Date, Buyer shall have received, at Buyer's costs, a satisfactory environmental assessment of the Property stating that the Property is free from hazardous materials and is in compliance with all applicable federal, state and local environmental, health and safety laws and regulations. 5 ao6 iii. On or before the Condition Date, Buyer shall have received, at Buyer's cost, soil test reports in form and substance satisfactory to Buyer stating that the soil conditions will permit the construction of residential dwellings without special footings. iv. On or before the Closing Date, there shall have not been any conditions or restrictions placed on the development of the Property as contemplated by this Agreement, by federal, state, City, city, county or municipal bodies, laws, regulations or ordinances, which would cause a delay in development of the Property or delay in obtaining a building permit or certificate of occupancy, and which Seller has not satisfied or otherwise cured so as to prevent such delay. v. On or before the Condition Date, Buyer shall have received, at Buyer's cost, assurances satisfactory to Buyer to the effect that development of the Property will not be impaired by any archeological limitations or restrictions. vi. On or before the Condition Date, at Buyer's expense, Buyer shall have procured a boundary survey of the Property (the "Survey "), acceptable to Buyer, determined in Buyer's sole discretion, prepared by a duly licensed land surveyor licensed in Minnesota and chosen by Buyer. The Survey shall comply with ALTA survey requirements. 16.2 FAILURE OF CONDITIONS. If any of the conditions set forth in Section 16.1 shall not have been satisfied by the Condition Date or other stated date, then Buyer shall have the right to terminate this Agreement and, in the event Buyer does so terminate this Agreement, this Agreement shall become null and void. The conditions contained in Section 16.1 are for the exclusive benefit of the Buyer. 6 ao IN WITNESS WHEREOF the parties have executed this Agreement this day of , 2004. BUYER: SELLER: U.S. HOME CORPORATION, a Delaware EAGAN ECONOMIC DEVELOPMENT corporation AUTHORITY, a Minnesota municipal corporation By: ,f_e_ - By: LC e ' +vf /+r,SS »n+` (print name) Pat Geagan Its: bc% SP. t Its: President 7 By: Thomas L. Hedges Its: Executive Director EXHIBIT "B" REPURCHASE AGREEMENT This Agreement is made and entered into this day of , 2004, by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA "), and U.S. HOME CORPORATION, a Delaware corporation (hereinafter "Developer "). WHEREAS, the EDA and Developer have entered into a Purchase Agreement, dated as of , 2004 (the "Contract ") relating to the sale and purchase of a certain tract or parcel of land situated in Dakota County, Minnesota, described as set forth on Exhibit "A" attached hereto and incorporated herein (the "Property "); and WHEREAS, contemporaneously herewith the EDA has conveyed to Developer the Property. NOW, THEREFORE, in further consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to the EDA the following option to repurchase the Property; Section 1. REPURCHASE: If within two (2) years from the date Developer purchases the Property, Developer has not commenced the construction of the Improvements, as defined in that certain Development Agreement dated , 2004 ( "Development Agreement "), on the Property then the EDA may at its option repurchase the Property for a purchase price of $264,900.00 less the amount of any liens or claims against the Property resulting from action by the Developer. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days of the expiration of the period(s) specified above. Upon receiving the repurchase price in cash from the EDA, Developer shall convey to the EDA fee title to the Property by limited warranty deed free and clear of any encumbrances placed or suffered thereon by Developer. In the event that Developer fails or refuses to remove such encumbrances, the EDA shall be permitted to remove such encumbrances at Developer's sole cost and expense. Developer hereby agrees to indemnify the EDA from any and all liabilities, expenses and costs incurred (including but not limited to reasonable attorney's fees) arising out of or related to the removal of such encumbrances. air Section 2. RELEASE: If written notice of option exercise is not timely given to Developer by EDA, within two (2) years from the date Developer purchases the Property, or should Developer commence construction of the Improvements on the Property within said two year period, this option to repurchase shall terminate absolutely and the EDA shall upon Developer request, execute and deliver to Developer a release of this repurchase right in recordable form. Section 3. SALE OF PROPERTY: Developer hereby acknowledges and agrees that Developer shall not sell, convey or transfer title to all or any portion of the Property within two (2) years from the date of Developer's purchase of the Property without the prior written consent of the EDA. Any purported sale, conveyance or transfer of title without the prior written consent of the EDA shall be considered null and void. Section 4. NOTICE: All notices, demands and requests required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed to the EDA or to Developer, as the case may be, prepaid and registered or certified mail, return receipt requested, at the following addresses: To the Developer: U.S. Home Corporation 935 Wayzata Boulevard Wayzata, Minnesota 55391 Attention: David Hinners With a copy to: To the EDA: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Brett A. Perry, Esq. Messerli & Kramer, P.A. 1800 Fifth Street Towers, 150 South Fifth Street Minneapolis, Minnesota 55402 Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. a�� Section 5. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of the EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year first above written. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) DEVELOPER U.S. HOME CORPORATION By: (print name) Its: The foregoing instrument was acknowledged before me, a notary pubic, this day of , 2004, by , the of U.S. HOME CORPORATION, a Delaware corporation, on behalf of the corporation. c;43 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF EAGAN ) THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (SAL: 206 - 20268) 591270.1 EDA EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: President By: any Thomas L. Hedges Its: Executive Director The foregoing instrument was acknowledged before me, a notary public, this day of , 2004, by Pat Geagan and Thomas L. Hedges, the President and Executive Director of Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public Agenda Information Memo Eagan Economic Development Authority Meeting November 16, 2004 F. OTHER BUSINESS 1. Redevelopment District Update — Staff will provide a brief verbal update on other aspects of the redevelopment districts and respond to Council questions at this time. There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting. 0 ss Graham Environmental Services, Inc. P.O. Box 189 Ellsworth, Wisconsin 54011 TO: Eric Macbeth, Water Resources Coordinator — City of Eagan FROM: Mike Graham DATE: October 11, 2004 SUBJECT: Sycamore Place Wetland Delineation Review Executive Summary Memorandum On October 4, 2004, GES, Inc. conducted a field review of four wetland boundaries on the above - referenced site which had been demarcated by Peterson Environmental Consulting, Inc. (PEC) on April 25, 2003. The purpose of the review was to determine whether the staked wetland boundaries were accurate in accordance with the 1987 U.S. Army Corps of Engineers "Wetlands Delineation Manual" (Technical Report Y -87 -1, 1987). Although some wetland stakes were missing and some had been pulled out and left lying on the ground, most of the stakes were found and believed to be in the positions that PEC had placed them. Based on our findings in the field, it is our professional opinion that the four wetland boundaries were marked reasonably accurately and GES concurs with the wetland delineation conducted by PEC. Findings The wetland identifiers below (i.e., Wetland A, B, C and D), follow the nomenclature used by PEC in its 2003 wetland delineation report. Phone: 715 - 647 -5110 / 888 - 279 -2070 Fax: 715 - 647 -5209 / 888- 279 -2069 Wetland A Wetland A is dominated by silver maple (Acer saccharinum) and has an inlet/outlet at its west side. Other wetland species include quaking aspen (Populus tremuloides), common buckthorn (Rhamnus cathartica) and box elder (Acer negundo). The herbaceous layer is almost non - existent, presumably due to frequent flooding and "bounce" of water levels caused by storm events. Other evidence of regular inundation includes water stains approximately one to one and one -half feet above the ground surface on tree trunks near the inlet/outlet and in the middle of the basin. The elevation of the stains corresponds to the invert elevation of the inlet/outlet pipe. The basin had no hydrology (either surface or sub - surface) on the day of our field work but the wetland hydrology parameter was established through water stains on the tree trunks and passing the "fac- neutral" test (i.e., more than half of the dominant species are hydrophytic). Soils were examined along a transect on the northeastern boundary of Mr. Eric MacBeth Sycamore Place Wetland Delineation Review October 12, 2004 Page 2 of 4 the wetland near the transect that was established by PEC during their delineation. Some delineation flags are missing in this area so the closest flag that was still in the ground (A -21) was used by GES to determine our transect line. Wetland soils in this area exhibit seven inches of 10YR 3/1 loam over 10YR 5/2 silt with 10YR 6/6 common mottles. Upland soils here consist of 10 inches of 10YR 3/3 silt loam over 10YR 5/3 silt with some small mottles detected at 14 inches and deeper. These upland soils correspond with an upland plant community dominated by common buckthorn seedlings in the herbaceous layer and young buckthorn plants in the shrub layer. Also present in the upland at Wetland A is silver maple, box elder, American elm and black cherry. No evidence of wetland hydrology was found on the upland side of the demarcated boundary. Wetland B Wetland B is similar to Wetland A and is dominated by silver maple. The basin has an inlet/outlet at its east side which connects it to Wetland C. Other species within the wetland boundary besides silver maple include sedge (Carex spp.), common buckthorn, reed canary grass (Phalaris arundinacea) and stinging nettle (Urtica dioica). Like Wetland A, the herbaceous layer is sparse, presumably due to frequent flooding and bounce of water levels during storm events. Also like Wetland A, water stains are evident approximately nine inches above the ground on the trunks of the silver maples. The basin did not exhibit either surface or sub - surface hydrology in the form of free water on the day of our field work but the wetland hydrology parameter was established through water stains on the tree trunks and passing the fac- neutral test. Soils were examined along a transect on the western boundary of the wetland where flag "B -10" had been placed and near the location that PEC's report indicated it had established its transect. Wetland soils approximately seven feet from flag B -10 showed approximately eight inches of 10YR 3/2 silt loam with few, distinct 10YR 4/6 mottles at eight inches and deeper. On the upland side of the flag, soils exhibited 14 inches of 10YR 3/2 loam with no redoximorphic features (i.e., mottles, oxidized rhyzospheres, etc.). Vegetation on the upland side of the boundary was dominated by buckthorn with box elder, river bank grape (Vitis riparia), creeping Charlie (Glechoma hederacea), stinging nettle, Canada goldenrod (Solidago canadensis) and silver maple also present. No evidence of wetland hydrology was found on the upland side of the demarcated boundary. Most of Wetland B's flags were still in place from the original delineation. Wetland C Wetland C is dominated by reed canary grass and also contains silver maple, black willow, narrow - leaved cattails (Typha angustifolia), lake sedge (Carex lacustris) and quaking aspen. The upland is dominated by reed canary grass, quaking aspen, and sumac with bur oak and Canada and giant goldenrod ( Solidago gigantea) also present. This basin contains a small dugout area in the northern portion which has standing Mr. Eric MacBeth Sycamore Place Wetland Delineation Review October 12, 2004 Page 3 of 4 water; the remainder of the basin is on an undulating terrace dominated by reed canary grass. The boundaries of the basin are quite distinct with fill slopes on the north, west and east and an abrupt rise in topography on the south side. Most of the basin appears to have been excavated and partially filled historically as evidenced by the bumpy terrain throughout. The basin appears to receive water from the development to the east; however, no inlet pipe could be found. In the northeast corner of the basin, drainage patterns were evident that were apparently caused by water running into the basin from the housing development. The basin had no hydrology (either surface or sub - surface) in the form of detectable free water on the day of our field work but the wetland hydrology parameter was established through drainage patterns and passing the fac- neutral test. Soils were examined along a transect on the southeastern boundary of the wetland near the transect that was established by PEC during their delineation. The delineation flag used by GES for our transect was still in the ground but its number could not be read. Wetland soils in the transect for Wetland C eight feet from the flagged boundary exhibit seven inches of 10YR 2/1 silt loam over 10 inches of 10YR 6/2 silt loam with common 10YR 4/6 mottles. Upland soils eight feet from the flagged boundary consist of eight inches of 10YR 3/2 loam over 10YR 5/3 silt loam with common 10YR 5/8 mottles at 12 inches and deeper. These upland soils were examined in an area dominated by reed canary grass but in a topographic position approximately one foot higher than the flagged wetland boundary. No evidence of wetland hydrology was found on the upland side of the demarcated boundary. Wetland D Wetland D is a very small basin located immediately south of Wetland C and is dominated by silver maple , box elder and buckthorn. Like Wetlands A and B, the herbaceous layer is almost non - existent, presumably due to frequent flooding and bounce of water levels during storm events. The basin appears to get its hydrology from the housing development to the east. The basin had no hydrology (either surface or sub - surface) in the form of free water on the day of our field work but the wetland hydrology parameter was established through drainage patterns and passing the fac- neutral test. Soils were examined along a transect on the basin's west side near the transect that was established by PEC during their delineation. The flags along this side of the wetland could not be found; however, most of the flags were still in the ground and it was easy to extrapolate the wetland boundary on the west side from existing flags. Wetland soils exhibited eight inches of 10YR 3/2 silt loam over 10 inches of 10YR 5/2 silt loam with few fine 10YR 5/6 mottles. Upland soils consist of six inches of 10YR 2/2 silt loam over eight inches of 10YR 4/3 fine sandy loam. No redoximorphic features could be found in the upland soil profile. These upland soils correspond with an upland plant community dominated by common buckthorn seedlings in the herbaceous layer and young buckthorn plants in the shrub layer. Also present in the upland at Wetland D Mr. Eric MacBeth Sycamore Place Wetland Delineation Review October 12, 2004 Page 4 of 4 is box elder, American elm and black cherry. No evidence of wetland hydrology was found on the upland side of the demarcated boundary. Conclusion All of the wetlands on the subject property exhibit varying degrees of anthropogenic disturbance in the form of altered hydrology, excavation and filling. Other than Wetland C, all of the basins have a very mature overstory dominated by large silver maples in the 20 to 40 -inch dbh (diameter at breast height) category. Native hydric soils appear to be present in all of the basins, indicating that they were historically present although the boundaries of some or all of these basins may have been enlarged artificially through hydrologic alterations. Although disturbed, each of the basins has a relatively distinct boundary based on a fairly clear topographic break which coincides with a fairly abrupt change in vegetation. This vegetative break is between the domination of silver maples in the wetland and common buckthorn in the upland in Wetlands A, B and D and between reed canary grass and mixed upland species in Wetland C. All things considered, we believe that the wetland delineation performed represents the most accurate boundaries that can probably be determined within these disturbed wetland basins.