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11/04/2004 - City Council RegularAGENDA EAGAN CITY COUNCIL — REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 4, 2004 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS Fas A. Dakota Valley Recycling Award 3 B. MACTA Award to BETC for Cable Commission of the Year IV. CONSENT AGENDA LL A. APPROVE MINUTES r B. PERSONNEL ITEMS C. CHECK REGISTERS D. AWARD contract for auditing services for the 2004-2006 financial statements E. APPROVE general insurance renewal for the period July 2004 -June 2005 �/7,G. F. APPROVE Part II (Vehicles and Equipment) 2005-2009 Capital Improvement Program . APPROVE Eagan Volunteer Fire Relief Association 2005-2009 Pension Agreement H. APPROVE Final Subdivision and Final Planned Development — Birchwood Office Condos A 14161 I. APPROVE Final Subdivision — Krietz Addition J. APPROVE change in ownership on Cellular Antennae Lease Agreements &it K. APPROVE Change Order #7, Contract 03-09, Coachman Water Treatment Plant r, L. RECEIVE Feasibility Report and schedule Public Hearing, Project 912 (Windcrest, Birch Park, Deerwood and Denmark p3 — Street Overlay) e.,74# -M. RECEIVE Feasibility Report and schedule Public Hearing, Project 914 (Thomas Lake Heights — Street Overlay) �33 N. APPROVE Change Order No. 2 for Contract 03-08, Thresher Fields (field/site development) Pb� O. APPROVE BECT / This Week Newspaper Advertising Sales P. ACKNOWLEDGE Completion and Authorize City Maintenance for Project 03-0 (Marcella Woods) ;93 �9 ! Q. APPROVE Amendment to September 7, 2004 City Council Meeting Minutes R. ACCEPT $2000 grant from the Walmart Foundation to the Eagan Police Department V. PUBLIC HEARINGS y / A. DELINQUENT UTILITY BILLS — Public Hearing to consider the proposed assessment of delinquent utility billings P.51` B. DELINQUENT FALSE ALARM BILLS — Public Hearing to consider the proposed assessment of delinquent false alarm billings 6/ C. PROJECT 884, Final Assessment Hearing, Borchert Lane (Street & Utility Improvements) VI. OLD BUSINESS f 90A. REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT — Cedarstone Development — Rezoning of five acres from Agriculture to Planned Development, Preliminary Planned Development to create 14 twin homes and Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW '/. of Section 14. "P.B. REZONING — Bob McDonald — A rezoning of five acres from Agriculture to R-1, Single Family Residential for property located at 1085 Wescott Road in the SW '/, of Section 14. VII. NEW BUSINESS 9 ! Q A. CANVASS OF BALLOTS — November 2, 2004 Municipal Election Ir!, B. APPOINTMENT OF NEW ECONOMIC DEVELOPMENT COMMISSION MEMBER I '��C. PLANNED DEVELOPMENT AMENDMENT to change the building facade, replace a drive aisle with green space and P add a new monument sign and a Final Plat to combine two lots into one; for Knob Professional Office located at 4178 Knob Drive. 13 / D. PRELIMINARY SUBDIVISION — CSM Properties, Inc. — A Preliminary Subdivision of approximately 20.4 acres to create two lots on property located at 2955 Lone Oak Drive in the southwest 1/4 of Section 21. P 1 SVIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA P 'OXI. ECONOMIC DEVELOPMENT AUTHORITY (to be continued) * 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: OCTOBER 29, 2004 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 4, 2004 CITY COUNCIL MEETING After approval is given to the November 4, 2004 City Council agenda, the following items are in order for consideration. Agenda Memo November 4, 2004 III. RECOGNITIONS AND PRESENTATIONS A. DAKOTA VALLEY RECYCLING AWARD NO ACTION NECESSARY: FACTS: • As you know, within the last year Eagan and Burnsville worked to expand their successful recycling program to include the city of Apple Valley. • That partnership is now known as Dakota Valley Recycling, and its program provides economies of scale, reduces duplicate efforts and promotes a uniform recycling message to all three cities. • The three cities were recently notified that Dakota Valley Recycling was selected for a MnGreat Award—that stands for Minnesota Government Reaching Environmental Achievements Together. • The MnGreat awards recognize environmental achievements by government employees that focus on the prevention of waste and pollution, recycling, and the reduction of waste at its source. • To receive a MnGreat Award demonstrates a high degree of commitment and leadership as voted by an interagency group of peers. • Not only has Dakota Valley Recycling expanded its partnership, but it has initiated a pilot curbside organics collection program, strengthened environmental partnerships with businesses and residents, and conducted extensive outreach and education throughout the cities of Eagan, Burnsville and Apple Valley. • Here to share the award with the City is Recycling Coordinator Sue Bast. Agenda Memo November 4, 2004 III. RECOGNITIONS AND PRESENTATIONS B. MACTA AWARD TO BETC FOR CABLE COMMISSION OF THE YEAR NO ACTION NECESSARY FACTS: • In January, when it appeared that there was no television deal imminent to carry Minnesota Twins baseball games on cable, the joint Burnsville Eagan Telecommunications Commission became the first cable commission in the state to formally call on all sides to get a deal done in the interest of the public. • The Commission (BETC) held a hearing and afforded both sides in the dispute an opportunity to explain why no deal had been reached. • It shared the tape of that meeting and interviews done by the Access to Democracy program with other cities. • In February, at the Commission's urging, the Eagan City Council also passed a resolution urging Eagan's cable provider and the sports network to reach agreement to carry Minnesota Twins and Minnesota Gopher sports programs. • And in mid-April, when the dispute was still not settled, the City Council authorized the placement of large over -sized bat at the Eagan Community Center for the public to sign if they wanted Twins baseball back on the air. • In May the dispute was settled and games were back on the air. • Citing BECT's leadership on this public interest programming issue, the statewide organization of all cable commissions (called MACTA—or the Minnesota Association of Community Telecommunications Administrators) just this last week at its state convention recognized the Burnsville Eagan Telecommunication Commission as its top cable commission of the year. • Here to share the Award with the City Council is Community Television Manager Mark Hotchkiss, and BETC commissioners. Agenda Information Memo November 4, 2004 Eagan City Council Meeting CON 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 October 19, 2004 regular City Council meeting and the October 12, 2004 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 19, 2004 regular City Council meeting are enclosed on pages g through 9 . • Minutes of the October 12, 2004 special City Council meeting are enclosed on pages /6 through i.-. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 19, 2004 RAFT A Listening Session was held on October 19, 2004 at 6:00 p.m. prior to the Regular City Council meeting in the Eagan Room of the Municipal Center. There were no visitors present. A regular meeting of the Eagan City Council was held on Tuesday, October 19, 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 City Administrator Hedges noted that the applicants for items A and B under Old Business have requested a continuance. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda, including the continuance of items A and B under Old Business. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson 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 5, 2004 regular City Council meeting and the October 5, 2004 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Rachel Filan as a Dispatcher. 2. It was recommended to approve the 2004/2005 Season Compensation Schedule for Temporary / Seasonal Workers at the Civic Arena. 3. It was recommended to approve the hiring of Randy Hanson, Mike Kabkov, Bill Osborne, Kevin Webber, Ryan Conely, Jordan Baily, Jason Eisold and Adam Nelson as part-time seasonal supervisors at the Civic Arena. 4. It was recommended to approve the hiring of Nick Ortloff, Dave Varpness, Jacob Knight, Kyle Punton, Travis Knops, Eric Smith, Brad Johnson, Matt Johnson, Jonah Lundberg, Jessica Johnson, Kalyn Mattson and Katie Fink as part-time seasonal skateguards at the Civic Arena. 5. It was recommended to approve the hiring of Kristin Hazel, Megan Hamling, Megan McMahon, Theresa McMahon, Amanda Forester, Sandra Jeska, Rebecca Martin, Cassi, Julian, Ashley Weninger, Kristin Merchandt and Salena Tumini as part-time seasonal concessions workers at the Civic Arena. 6. It was recommended to approve the hiring of Colleen Carstensen, Patti Brown, Liz Gerebi, Becky Krueger, Andrea Duleh, Sarah Payne, Kellie Schmidt, Nick Krongard, Rachel Doane, Ashley Pralutsky, Julie Stangenes, Jenna Vanbeck, Sarah Haverkamp and Danielle Pratlutsky as part-time seasonal skating pros at the Civic Arena. 7. It was recommended to accept the letter of resignation from Joy Rowan, Clerical Tech III in the Community Development Department. C. Check Registers. It was recommended to ratify the check registers dated October 7, 2004, and October 14, 2004 as presented. D. Temporary Liquor License. It was recommended to approve a Temporary Liquor License for Southwest Area YMCA for an event to be held November 6, 2004 and waive the license fee. E. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Huston's Landscaping, 14847 Haven Drive, Apple Valley. F. Resignation. It was recommended to accept the resignation of Chris Nelson from the Economic Development Commission. G. Purchase of Camera Equipment. It was recommended to approve purchase of a tree -camera system in the amount of $112,947.05 from Alpha Video of Bloomington, Minnesota. Eagan City Council Meeting Minutes October 19, 2004 Page 2 CRAFT H. Ordinance Amendment. It was recommended to amend Eagan City Code Chapter Twelve entitled "Comprehensive Guide Plan and Land Use Regulations — Interim Use Study" by adding Section 12.06 entitled "Interim Use: Alcoholic Beverages Licensing Study". I. Ordinance Amendment. It was recommended to adopt an Ordinance Amendment amending Chapter 11, Section 11.70, Subdivision 21, D7, to add Public Facility District regarding trash enclosure and recyclables and direct the City Attorney's office to publish the amendment in the legal newspaper. J. Project 771. It was recommended to approve an agreement with Parcel 10-01100-01-26 (3070 Lexington Avenue) for the easement acquisition and assessable benefit associated with Project 771 (Lexington Avenue reconstruction) and authorize the Mayor and City Clerk to execute all related documents. K. Project 913. It was recommended to receive the Draft Feasibility Report for Project 913 (Walden Heights / Twin View Manor / Hillcrest Additions — Street Improvements0 and schedule a public hearing to be held on November 16, 2004. L. Contract 04-03. It was recommended to approve the final payment for Contract 04-03 (North Area — Street Overlay Improvements / Borchert Lane Street & Utility Improvements) in the amount of $38,167.17 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Contract 04-11. It was recommended to approve the final payment for Contract 04-11 (Holz Farm Park — Utility Services Improvements) in the amount of $31,544.20 to Frattalone Companies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. N. Special Assessment Agreement. It was recommended to approve a Special Assessment Agreement with the Jewish Community Center for parcels contained within Camp Butwin and authorize the Mayor and City Clerk to execute all related documents. O. Park System Master Plan Consultant. It was recommended to award a contract for the consulting services required to update the Eagan Park Systems Master Plan to CEHP Inc. P. Final Subdivision. It was recommended to approve a Final Subdivision, Thorpe Woodland Gardens 3rd Addition, to create three lots on approximately 2.2 acres located south of Yankee Doodle Road and East of Wescott Woodlands in the NE 1/4 of Section 14. Q. Final Subdivision. It was recommended to approve the vacation of public drainage and utility easements within the Imre/Robert O'Neil Homestead Additions concurrent with the Final Subdivision approval of the Grand Oak Five Addition. R. Final Subdivision. It was recommended to approve a Final Subdivision to create 19 single family lots (Terra Glenn 2nd Addition) on property east of Blue Cross Blue Shield, South of Yankee Doodle Road west of the City of Eagan Maintenance Facility and southwest of Terra Glenn Addition in the NW '/< of Section 16. S. Contract 02-10. It was recommended to approve the final payment for Contract 02-10 (Dodd Road, Diffley Road to Wescott Road — Street and Utility Improvements) in the amount of $4,500.00 to Valley Paving, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. T. Special Assessment Policy and Settlement Agreement. It was recommended to approve a special Assessment Policy and Settlement Agreement for Lebanon Hills Regional park and authorize the Mayor and City Clerk to execute all related documents, subject to Dakota County and Metropolitan Council execution of the Agreements, dismissal of the assessment appeal and payment of the Dodd Road assessment. U. Project 916. It was recommended to receive the Draft Feasibility Report for Project 916 (St. Francis Woods 1 S` — 3rd / 5a' Additions — Street Improvements) and schedule a public hearing to be held on November 16, 2004. PUBLIC HEARINGS LOT 4, BLOCK 5, PINES EDGE 1sT ADDITION (539 WHITE PINE WAY) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of a public drainage and utility easement at 539 White Pine Way. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. 6 Eagan City Council Meeting Minutes October 19, 2004 Page 3 DRAFT Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the vacation of a portion of a public drainage and utility easement on Lot 4, Block 5, Pines Edge l't Addition (539 White Pine Way) and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE — BRADFORD L. PICKENS City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20% maximum building lot coverage by 1% for a screened porch addition at 1489 Pinetree Pass. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the 20% maximum building lot coverage by 1% for a screened porch addition for Lot 6, Block 2, Walden Heights 2nd Addition, located at 1489 Pinetree Pass in the NE 1/4 of Section 33. Aye: 5 Nay: 0 OLD BUSINESS REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT — CEDARSTONE DEVELOPMENT This item was continued with adoption of the agenda. REZONING — ROBERT MCDONALD This item was continued with adoption of the agenda. PRELIMINARY SUBDIVISION (SYCAMORE PLACE) EPIC DEVELOPMENT City Administrator Hedges provided a brief overview of this item regarding a Preliminary Subdivision of six acres to create nine single family lots, for property located north of the dead end street of Sycamore Court. This item was continued from the September 21, 2004 City Council meeting where the Council directed staff to coordinate a third - party review of the development drainage and ponding calculations and the associated high water levels of Pond LP - 27.4 near Red Pine School. Public Works Director Colbert provided an overview of the findings of Bonestroo Engineering and GES, Inc. Councilmember moved, Councilmember seconded a motion to approve Preliminary Subdivision (Sycamore Place) of six acres to create nine single family lots, for property located north of the dead end street of Sycamore Court in the SE'/. of Section 36, subject to the following conditions: Aye: 5 Nay: 0 Craig Murray questioned the sequencing of the wetlands and expressed concern over the possibility of water in backyards of the existing homes. He suggested eliminating Lot 3 from the proposed subdivision to allow the drainage system to work as it was originally designed. Todd Sogge questioned the tree replacement schedule and expressed concern over construction traffic and the need for the variance for the cul-de-sac length. Deanna Parks requested that an escrow be established in case water problems occur after completion of the development. Rich Ragatz, Epic Development, discussed the sequencing of the wetlands, the oversized pond and emergency overflow, and additional trees that will be planted. He stated he would not be willing to eliminate Lot 3 as suggested by Mr. Murray. Eagan City Council Meeting Minutes October 19, 2004 Page 4 DR/FT Public Works Director Colbert and Water Resources Coordinator MacBeth addressed the wetland boundaries, development drainage and ponding calculations. It was noted that the independent consultants had not reviewed the sequencing of the wetlands. Councilmembers agreed that a map depicting the minimal impact scenario would be helpful. It was also agreed that the proposal should be returned to the Advisory Parks and Recreation Committee for further review of the wetland impact sequencing. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the Advisory Parks and Recreation Committee to review the proposed Sycamore Place preliminary subdivision in regard to sequencing at their November 15, 2004 meeting, and returning to Council for consideration on November 16, 2004. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT CLUBVIEW ADDITION (MAX STEININGER) City Administrator Hedges provided a brief overview of this item regarding a request for a Rezoning of five acres from A, Agriculture to PD Planned Development, a Preliminary Planned Development to allow an office on one lot, a contractor's yard and residential use on the other lot, and to enter into a sunset agreement to allow the continued residential use for property, and a Preliminary Subdivision (Clubview Addition) of five acres to create two lots, all for property located at 3070 Lexington Avenue. This item was continued from the September 21, 2004 Council meeting to allow staff time to work with the applicant to prepare the Sunset Agreement and provide an acceptable alignment of the service drive. City Planner Ridley stated the Sunset Agreement had been drafted and that a service drive plan acceptable to the City and Dakota County had been revised. Rollie Crawford, representing the applicant suggested two minor changes to the Sunset Agreement which were acceptable to the City Attorney. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning of five acres from A, Agriculture to PD Planned Development for property located at 3070 Lexington Avenue. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development to allow an office on one lot, a contractor's yard and residential use on the other lot, and to enter into a sunset agreement to allow the continued residential use for property located at 3070 Lexington Avenue, subject to the amendment to the Sunset Agreement and the following conditions: Aye: 5 Nay: 0 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. As part of the "sunset" agreement, once neither Mr. or Mrs. Steininger no longer live in the home, the existing house shall be removed. Existing buildings and any new development on Lot 2, connect to the City sanitary sewer system, any well and septic shall be abandoned according to Dakota County standards, at that time. 3. 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 Landscaping Plan • Final Lighting Plan • Final Signage Plan 4. The developer shall construct 23 parking stalls and designate "proof of parking" stalls on Lot 1. If parking issues arise the proof of parking stalls shall be constructed. 5. Trash/recycling shall be stored indoors or in an enclosure attached to the office building and constructed of materials that match the principal building. 6. Lot 1 is allowed a monument sign not to exceed seven feet in height and 40 square feet in area. 7. Outdoor storage in the contractor's yard shall be limited to 60 pieces of excavation equipment with buckets, attachments and related equipment, 30 trucks, trailers, pickups and related equipment, construction supplies including pipes, steel members, lumber and related materials. 8. The applicant shall submit a Site Plan for Lot 2 depicting the location and type of materials/equipment to be stored outdoors. 8 Eagan City Council Meeting Minutes October 19, 2004 Page 5 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Clubview Addition) of five acres to create two lots for property located at 3070 Lexington Avenue, 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, 4, Cl, 2, 4, D1, and E1. 2. The property shall be platted. 3. This development shall dedicate restricted access to Dakota County along the entire west edge of the plat adjacent to Lexington Avenue, except in the area of the intersection of Clubview Drive. 4. This development shall dedicate public right-of-way along Lexington Avenue as required by Dakota County. 5. The developer shall dedicate private ingress / egress easement across Lot 2 over the private service drive providing for access to Lot 1, in a form acceptable to the City Attorney, City Staff, and County Plat Commission. 6. Park and trail dedication shall be satisfied through a cash dedication. 7. Tree preservation issues for Clubview Addition will be addressed at the time of building permit application. 8. An on-site pond should be constructed to treat runoff from an assumed 75 percent eventual impervious cover of the parcel (Lots 1 and 2). The pond should have a minimum wet -storage volume of 0.72 acre-feet and surface area of 0.29 acres. The pond should have a 10 -foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL, and the side slopes below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. Outlet structures must meet City design standards. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember moved, Councilmember seconded a motion to adjourn the regular City Council meeting at 7:45 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 MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 12, 2004 5:30 P.M. EAGAN ROOM City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. City staff present: City Administrator Hedges, Administrative Secretary / Deputy Clerk McGarvey, Director of Communications Garrison, Chief Financial Officer Pepper, Director of Community Development Hohenstein, City Planner Ridley, Chief of Police Therkelsen, Parks and Recreation Administrative Coordinator Mesko, Community Center Manager Breuer, City Forester Hove. I. ROLL CALL AND AGENDA ADOPTION The Mayor called the meeting to order. City Administrator Hedges requested that the Council add an item to the agenda to adopt Findings of Fact, Conclusions and Resolution of Denial for a Planned Development Amendment for Inland Commercial, LLC. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. REPORT ON FLOW RIDER STUDIES City Administrator Hedges discussed the item noting that the cost implications for a FlowRider at Cascade Bay are substantially above the original estimate of $1 million because of the soil conditions in the area where a FlowRider might be feasible. Councilmembers agreed that the FlowRider concept for Cascade Bay should not be pursued. IV. COMMUNITY CENTER BUDGET City Administrator Hedges gave an overview of the Community Center Budget. Councilmember Carlson commended the Community Center staff on the first year operation of the Community Center. Councilmember Maguire questioned the projected membership for 2005. Community Center Manager Breuer addressed membership projections. /0 September 13, 2004 Special City Council Minutes Page 2 V. GENERAL FUND BUDGET FOLLOW UP IVAFr City Administrator Hedges provided an overview of responses to questions generated from discussion at the September 13, 2004 Special Council meeting. Community Development Director Hohenstein discussed the proposed Code Enforcement Tech position and explained that code enforcement covers a broader range than just the Community Development Department. Director Hohenstein further explained the need for three code enforcement tech positions plus the three current planner positions. City Administrator Hedges discussed reallocations of expenditures from 2004 to 2005. City Administrator Hedges and Chief Therkelsen discussed dispatcher staffing needs. Councilmembers agreed to authorize the hiring of an additional dispatcher prior to January, 2005. City Administrator Hedges discussed cost estimates to contract landscape maintenance services. City Forester Hove discussed the proposed full time grounds maintenance position and duties that position could be responsible for during the dormant season. City Administrator Hedges discussed the percentage of the annual increase in market value that is attributable to new construction versus inflation on existing properties. Communications Director Garrison discussed the use and benefits of web casting. VI. CASCADE BAY BUDGET This item was continued to a future work session. Staff was directed to proceed with an advertisement in Discover Magazine. VII. PUBLIC UTILITIES BUDGETS City Administrator Hedges provided an overview of the proposed public utilities budgets. Councilmembers had no questions. VIII. PART II CIP (VEHICLES AND EQUIPMENT) City Administrator Hedges provided an overview of the proposed 2005-2009 CIP Part II (Vehicles and Equipment). Councilmembers had no questions. // September 13, 2004 Special City Council Minutes Page 3 CRAFT IX. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL INLAND COMMERCIAL, LLC (CLIFF LAKE CENTRE) Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the Findings of Fact, Conclusions and Resolution of Denial for a Planned Development Amendment to allow 30 inch by 80 inch banners on 17 light poles (as indicated on the site plan) for Cliff Lake Centre, located at 1960 Cliff Lake Road. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the Findings of Fact, Conclusion and Resolution of Denial for a Planned Development Amendment to allow 30 inch by 12 inch tenant name signs attached to the approved banners (as indicated on the site plan) for Cliff Lake Centre, located at 1960 Cliff Lake Road. Aye: 5 Nay: 0 XII. ADJOURNMENT The City Council adjourned their meeting at 7:10 p.m. /02 Agenda Information Memo November 4, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Dispatcher-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Pam Fritz, Dispatcher. /_3 Agenda Information Memo October 19, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 21, 2004 and October 28, 2004 as presented. ATTACHMENTS: • Check registers dated October 21, 2004 and October 28, 2004 are enclosed without page number. Agenda Information Memo November 4, 2004, Eagan City Council F. APPROVE 2005-2009 CIP PART II VEHICLES AND EQUIPMENT ACTION TO BE CONSIDERED: To approve Part II (Vehicles and Equipment) of the 2005 — 2009 Capital Improvement Program (CIP) FACTS: • The first year of this CIP (2005) is approved as a budget with the four out years (2006 — 2009) being approved only as a general plan. • All vehicles and equipment costing more than $10,000 are budgeted in this section of the CIP with items costing less than $10,000 budgeted in departmental operating budgets. • In 1993 the City Council established a policy whereby each year an amount is allocated to the Equipment Revolving Fund (ERF) for non -enterprise fund CIP Part II purchases. The allocation is based on an initial amount of $500,000 used in 1993 that is increased annually by population growth and inflation factors. The 2005 allocation was increased by 3.5% from the 2004 allocation to $901,373. An amount of $183,551 is being carried forward from 2004 generating, a total available balance of $1,084,924 for 2005 purchases. • The ERF is funded through an annual ad valorem property tax levy. • The schedule for this approval is timed to allow for coordination with various purchasing/bidding options to provide for the best possible prices, the necessary lead times for ordering the equipment, and the desire to place the equipment in service during 2005. • A management meeting was held at which time staff from each department had an opportunity to discuss their proposals and challenge other department proposals in attempts to prioritize overall City capital equipment needs, the attached list of purchases totaling $705,750 from the ERF was reached by consensus. This allocation allows for a carry forward to 2006 of $379,174. The carry forward balance illustrates the desire to maximize the City's resources by stretching equipment and vehicle use. • Vehicles proposed for purchase were evaluated through the use of the revised Vehicle Acquisition, Use & Replacement Policy approved by the City Council in February of this year. • The funding sources for the total 2005 Part II CIP allocation of $1,171,750 include $705,750 from the ERF, $367,100 from the City's Utility Fund, and $98,900 from retained franchise fees. • The City Council gave consideration to this item at the special City Council meeting on October 12, 2004. ATTACHMENTS: • Attached on page / qJ is a copy of the summary of the equipment proposed 2005 CIP Part II purchases with the funding source for each unit. • Attached on page c26 is a copy of the summary of the proposed 2005 — 2009 Part II CIP. /r 8 8 LL 0 � Lc .- 7 6, CO LL 0 V 8. ii LLM A ON C LL D 0 8 a$§§ 8 s gs 8 s. 0 M M O m 01 O c0 , Y a c' a mi c.; m 010; a' K • N ON•-N� N N .� V �- ,-NC9M M 88 8g 8 CD NOD N w 8 8 0 8 8 8 8 8 8 88 88 8 co c`') co O c0 V fV N .- N N N CO "N ▪ M 0 N 8888 N 101 0 0 N - H O O Electronic Voting Equipment E 8E ovg . grg 0 C N 08 0.- O m.5 g° 06 cE =E 7 W a W V am 2'wm O<E 4'88882 c ammo. 0. �o aw' o E E 00800 a O R S S mo -dm H s (S24,200 each) a d c E g e S 0 a aila A C a OLE 0 .tl WA00 2Ia° 0 0S re N N 49 w 0 (0 N y Sur/Insp Veh (rep #105,'92 Dodge 3/4 ton 4 X 4 P.U.) 0 0 r, Of M w /9 'ft O O O O M c0 to o J Iff N co N M M M N H 1/2 Ton Pickup (Replace #402. '95 Fond 1/2 ton) a 0 0 88 f0 c0 H >.m 0 FF. 38U :Nt 00 AS am am . . 0sQQ O 0 CO CO N (IS (5(0 7> lU .08 8o N oaN W t N y Ara aQ N w Sweeper (Replace Unit #139,'96 Pelican Sweeper) 0 w � 0,. O V W h O M .0 a a Tog 0 7 77. g8 mS 0 0 41 zm O O O O O O O O O O O O O O O O O O O O O O O O O O N0 U) O U) 0) U) U) 0- U) O M ' O (-2 cei L)(.Occ; OONcc; (O ( O�(OU)0)e- -- -O O e- 0 Cr) e- 0) e- M N H N 69 O O O 0 0 0 O O O O O O O 0 O O O O 0 0 0 O LO e- 0 et 0 0 0) c0 M N d7 0 U) O M co U) N- NNN NI- CO -0 COe-M N N N d9 0 0 O O O O O 0 O U)e- ' ' OOU)•ct ' 000 ' 001 N 00)(UNCD 0 -NN O O ti a - N EA O 0 O O O O O 0 O O O O O O O O O O O O it+ 10e-0 ' 0 0 h. ' I�1�0) ANN ti00))N' (OO -N pl et N O N Cn d a c EA a) CIL 0 2 00000000 000 U) 0 0 0 0 0 0 0 0 0 0 O a (0 � 0 (0. 0 0 0 N. N e- W O O N N N M N Ci L O c)(0 ti - C V N00 c+) e- e - Ln N O O N (A 00 000000000 0 U) O 0 0 0 0 0 0 0 0 0 O N e- ' 0)O U)00U)C)0(0 ' O OI (D C') 00 0 00 Nd= Of C N U) F O (")N e- coNNODe- CO N N N N N e- fA a) 0 O E G7 C (0 Q C C p O w Z+ 0_ O O c N U 0 w� C 2LL CI*. S W 0) •al o V .. EEw �v)N�� 0 C N O t=UUUaaacn0a3:cncn3: 2, E o m N V) 020 0 0 et Ce).. 0 M C) 111 000 '- O CD 0(00 O? co co oi M — 00) O 00 ti M (0 ) 0) 1 (CO 0 N N (0CO O) 0)) tiM 0 v 0) LOC) O N CO CO O Total Requested All Funds (0 8 c�) 7J - CO M O co N csi ti M co N M 000 (O b9 ID N = 0) UL. E C DCT m •> a' > > Q C 0 O 0 c C Uvp J Q W 5 0 Q ERF: Allocations minus Requests-Cummulative 2005-2009: * 2006-2009 ERF allocation figures are estimates based on 3.5% annual increases (growth + inflation) Agenda Information Memo November 4, 2004, Eagan City Council G. APPROVE EAGAN VOLUNTEER FIRE RELIEF ASSOCIATION 2005-2009 PENSION AGREEMENT ACTION TO BE CONSIDERED: To approve the Eagan Volunteer Fire Relief Association 2005-2009 Pension Agreement. FACTS: • The City Administrator and Director of Administrative Services have had a number of meetings with the Eagan Volunteer Fire Department Relief Association Pension Committee discussing requests for consideration regarding a 2005 Pension Agreement. • The City's Finance Committee in preparation for final consideration by the full City Council has also discussed the matter on two occasions. • An agreement containing the following elements has been agreed upon by the Relief Association Pension Committee and is ready for final presentation to the Finance Committee and City Council: 1. The agreement would cover five years. (2005 through 2009) 2. The City's contribution per firefighter would be $5,254 for 2005 and would increase by 4% per year for the next four years. The 2004 City contribution is $4,454 per firefighter. 3. The City's contribution to administrative fees would increase from the current level (2004) of $23,408) by 4% per year. The 2005 amount would be $24,345. 4. The State's premium tax payment to the City would continue to be passed directly to the Relief Association per State Law and the City would contribute the required difference to fully fund the obligation. • Although the item has been placed on this agenda for formal consideration, it can be pulled, if the Finance Committee or City Council would like any additional information or would like to undertake further discussions. • The required 2005 appropriation has been included in the proposed 2005 budget. ATTACHMENTS: • Attached on pages e1.2 through is a copy a summary memo prepared in January providing additional background information of the Fire Relief Association Pension Agreement. MEMO city of eagan TO: City Administrator Hedges FROM: Director of Administrative Services VanOverbeke DATE: January 2, 2004 SUBJECT: Fire Relief Association Pension Agreement At you request I am writing this memo to provide background information regarding the City's pension agreement with the Eagan Fire Department Relief Association. The terms of the agreement are contained in the Association's Bylaws. The most recent copy of the Bylaws that I have on file is dated December 3, 1997. During 1997 after extensive review and negotiations the City and the Association agreed to change from a "defined benefit" to a "defined contribution" plan that for all practical purposes was effective January 1, 1997. The negotiations were also somewhat more complicated by the desire for a pension increase along with the proposed change in plan type. The difference in plan types is as the name indicates. A "defined benefit' plan means that a retired firefighter receives a predetermined lump -sum or monthly amount upon meeting retirement eligibility requirements. The amount to be received as a pension is subject to negotiations and rather significant State oversight. Annual funding requirements are based on actuarial studies built on a series of assumptions regarding mortality, rates of return, and other pertinent factors. Pension increases are typically retroactive to all years of service for all active firefighters; consequently large unfunded liabilities can be easily created as a result of negotiating pension increases. Those real or potential unfunded liabilities account for at least some of the State's interest and resulting restrictions on defined benefit plans. From a firefighter perspective, there is a trade off between certainty as to the amount of the retirement benefit versus no upside gain during times of good investment earnings. A "defined contribution" plan means that a negotiated amount is paid annually into individual firefighter accounts and the eventual retirement benefit is determined through the size of the deposits and the rate of return on the investments, net of administrative costs not directly funded by the City. There is considerably less State oversight on defined contribution plans and no unfunded liabilities are created, since total plan contributions are financed on a current basis. Because of their similarities to other private pension plans, there is more federal oversight on the defined contribution pension plans. Again, from a a.� firefighter perspective, a defined contribution plan creates less certainty as to a pension level, but it allows the firefighters to choose a risk tolerance level in investments and therefore potentially earn a higher rate of return and pension than in a defined benefit plan. For Eagan, financing the pension obligation has traditionally been through a combination of the State's premium tax collected for that purpose and forwarded to the Relief through the City and a City tax levy. The City tax levy makes up the difference between the total funding obligation and the premium tax contribution from the State. That difference is the amount that is budgeted each year in the Fire Department operating budget for the Relief Association pension payment. Since it is only a pass through, the premium tax is not budgeted as either a revenue or an expense of the City. The City's first negotiated defined contribution pension agreement for individual firefighter contributions was set at $3,385 per full year of service for 1997 and increases by 4% per year over the eight year term of the agreement. The final year covered in the existing agreement is 2004 and the contribution rate for 2004 is $4,454.44 per firefighter for a full year of service. In addition the City agreed to pay a flat amount of $18,500 for administrative costs in 1998 and that amount has also been increased by 4% per year to $23,408.40 for 2004. Due to a number of transitional factors, the City agreed to pay the total administrative costs for 1997, the first year covered by the new agreement. I believe this is the background information that you requested and should be helpful in bringing everyone up to date. There is certainly a great deal more information about how this agreement was reached, and about how each of these plan types actually works and one could also list numerous advantages and disadvantages of each. In the event you would like more information or more extensive detail, please let me know. Directof Administrative Services VanOverbeke Cc: Chief Financial Officer Pepper Agenda Information Memo November 4, 2004 Eagan City Council Meeting H. FINAL SUBDVISION (BIRCHWOOD OFFICE CONDOS) AND FINAL PLANNED DEVELOPMENT - METROPOLITAN OFFICE CONDOS, LLC. ACTIONS TO BE CONSIDERED: 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. To approve a Final Planned Development to create 22 town offices, common area, and one dental office on property located East of Pilot Knob Road at Marice Drive between Sherman Court and I -35E. REQUIRED VOTE FOR APPROVAL • Majority of Council Members Present FACTS: • On June 15, 2004 the City Council approved the Preliminary Subdivision to create 7 lots and Preliminary Planned Development allowing 22 town offices and one dental building to the south. • This subdivision was originally called Northwood Office Condos. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Subdivision on pag�� I 1 dm .:l [ +q =. '7 S A A 2 2 Agenda Information Memo November 4, 2004 Eagan City Council Meeting I. FINAL SUBDVISION KREITZ ADDITION - JIM HUGHES. ACTIONS TO BE CONSIDERED: 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 1/4 of Section 03. REQUIRED VOTE FOR APPROVAL • Majority of Council Members Present FACTS: • On July 6, 2004 the City Council approved the Preliminary Subdivision (Kreitz Addition) of 1.19 acres to create 2 single family lots. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Subdivision on page 7 a6 Agenda Memo November 4, 2004 J. CELLULAR ANTENAE LEASE AGREEMENTS ACTION TO BE CONSIDERED: Approve an agreement with Qwest Wireless 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. FACTS: • The Current lease agreements for cellular antennae installations on the Deerwood Reservoir, the Highline Trail and Rahn Park/Sandstone Dr. locations all have provisions that allow the lessee to assign their rights to another vendor subject to the City's approval. Staff has received such a request from Qwest Wireless to assign these three leases to Verizon Wireless. • The proposed assignment clause submitted by Qwest has been reviewed and modified by the City Attorney's office, approved by the Public Works Department, executed by Qwest and is in order for favorable Council consideration. 028 Agenda Memo November 4, 2004 K. CONTRACT 03-09, CHANGE ORDER #6 (WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve Change Order #7 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 #6 consists of the following items: o Part 1: This is a no cost item and is included for documentation purposes only regarding existing building lighting modifications. (No Change). o Part 2: Increased cost for accelerated delivery of roof curbs for new fan and intake hood from standard 4 week lead time to accommodate roofing schedule. (ADD $611). o Part 3 & 4: This is a no cost item and is included for documentation purposes only regarding lighting and control modifications. (No Change) o Part 5: This is a deduct for a net deletion of five fire smoke dampers due to proposed wall locations were not required fire rated walls. (DEDUCT $1,849) o Part 6: This provides for additional isolation valves in the garage heating system for more maintenance flexibility during maintenance and repairs. (ADD $1,336) o Part 7: This covers the extra labor associated with expanding the electrical service from 2000 amps to 3000 amps to meet the energy demands of the plant in full production. (ADD $11,701) o Part 8: This covers the cost for providing 2 fabricated 24" flanged and grooved spool pieces of process watermain to avoid a piping conflict with the new 10" air line. (ADD $5,494) o Part 9: Provides for the required rerouting of piping to facilitate the demolition of the stairs to the backwash piping gallery. (ADD $1,200) o Part 10: Provides for the rerouting of an existing retrofitted 6" spray wash line in the sludge tanks to accommodate the new 24" process water influent line. (ADD $2,790) o Part 11: Provides for the rerouting of an existing 6" reclaim water line that conflicted with the new 30" influent line (ADD $1,149) o Part 12: Drill holes through a concrete header beam for the mechanical heating piping to maintain minimum head clearance requirements (ADD $1,531) o Part 13: Provide three new roof drains and rain leader collection system. (ADD $4,863) o Part 14: Install additional dowels, flashing and increased structural support for a window, door and garage double T span in garage. (ADD 3,573) a9 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: Re -orientate existing filter drain valves in backwash piping gallery to accommodate new piping (ADD $991) o Part 17: Relocate existing sludge pumps in the backwash pipe gallery to accommodate new piping (ADD $1,979) o Part 18: Repair deteriorated and settled bituminous surface at existing well house #1 during paving operations of new plant expansion (ADD $1,353) o Part 19: Increase the size of storm drain (8" to 12") between MH #114- #105 to accommodate the additional flows from the increased roof leader drainage system. (ADD $3,864) o Part 20: Increase the size of storm drain (6" to 8") between MH #112- #113 112- #113 to accommodate the additional flows from the increased roof leader drainage system. (ADD $126) • The costs associated with Part 7 ($11,701) of this change order will be reimbursed to the City by the consulting Engineering firm as a credit on a future services billing invoice due to a design error in the plans. • The net total of this change order is an ADD of $40,712 (0.28%) to the original contract amount ($14,620,958). If approved, the total of Change Orders 1-7 will be $290,682 (1.99%) • 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. 3c) Agenda Memo November 4, 2004 L. PROJECT 912, WINDCREST/ BIRCH PARK ADDITIONS/ DEERWOOD DRIVE/ DENMARK AVENUE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: 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. FACTS: • On June 1, 2004 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Windcrest/ Birch Park Additions, Deerwood Drive (east of Pilot Knob Road), and Denmark Avenue (Wescott Road to Deerwood Drive). • 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 6, 2004. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 3/ Agenda Memo November 4, 2004 M. PROJ 914, THOMAS LAKE HEIGHTS/ TRAILS OF THOMAS LAKE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: 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. FACTS: • On June 1, 2004 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Thomas Lake Heights/ Trails of Thomas Lake Additions neighborhood, south of Cliff Road, east and west of Thomas Lake 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 6, 2004. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 302 Agenda Memo November 4, 2004 N. CONTRACT 03-08, THRESHER FIELDS PARK SITE IMPROVEMENTS ACTION TO BE CONSIDERED: 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. FACTS: • Contract 03-08 provides for the site development of Thresher Fields as a City park. The improvements included site grading, turf establishment, the construction of sanitary and water main services, storm sewer and parking lots with curb and gutter to serve new soccer fields and a future park pavilion. • Non-contract/warranty erosion and settlement has occurred near the ends of the storm sewer installed under this contract. Due to buried site conditions, storm water entering the pond infiltrates voids in concrete debris buried under the pond and has created a settlement. The soil eroded into the settlement no longer provides support for the pipe or flared end sections. • The change order provides for the extension of the storm sewer pipe beyond the settlement area, capping of the settlement area with suitable material and restoration. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $5,032.25 (1.14% of original contract). The cost of the additional work under the change order will be the responsibility of the Park Site Development Fund. Agenda Memo November 4, 2004 O. APPROVE BECT / THISWEEK NEWSPAPERS ADVERTISING SALES AGREEMENT ACTION TO BE CONSIDERED: Approve agreement between Burnsville/Eagan Community Television and Thisweek Newspapers for the sale of limited commercial advertising. FACTS: • On March 9, 2004 a five-year financial plan for Burnsville/Eagan Community Television was presented to both the Eagan and Burnsville city councils including the need for $50,000 in outside revenue each year beginning in 2005. • To accommodate sponsorships and limited commercial advertising, Sponsorship Guidelines were developed by an ad hoc committee and approved by the Burnsville/ Eagan Telecommunications Commission on May 26th, 2004 and approved by the Eagan and Burnsville city councils in July. • The approved guidelines mirror closely provisions of the Minnesota State High School League and Public Broadcasting and have the standard prohibitions against alcohol, tobacco and issue -related sponsorships. • In addition, limited commercial advertising is allowed on the Showcase 20 channel, similar to the display ads seen in local movie theaters. • Within the last year BECT was approached by a local newspaper that proposes to sell Real Estate, Automotive, and potentially Garage Sale and other classified display ads to run on Showcase 20. • City staff were able to negotiate that Thisweek Newspapers will handle all sales, billing and file preparation in exchange for BECT airing the display ads. • It is estimated that approximately $75,000 dollars worth of advertising would be sold yearly. • BECT will receive a 25% revenue split of all display ads sold, estimated to be about $18-$20,000 annually. • A two-year non-exclusive agreement is proposed with an opt -out period for either party at the end of the first year. It is a business agreement with the advertising department of Thisweek Newspapers only and is completely independent from any editorial decisions the paper may make. • The Thisweek proposal, which has been reviewed by the City Attorney's office, represents the first piece of BECT's revenue plan and would accomplish 40% of BECT's revenue goal with minimal effort needed by staff. • Timely approval will allow the development of necessary sales materials prior to January. ATTACHMENTS: 3536 • A copy of the proposed legal agreement is on pages of the packet. • A copy of the Thisweek proposal is on pages..39of the packet. 3y AGREEMENT THIS AGREEMENT ("Agreement") is made this day of , 2004, by and between BURNSVILLE/EAGAN COMMUNITY TELEVISION, (hereinafter the "BECT") and ECM Publishers, Inc., d/b/a Thisweek Newspapers, a Minnesota corporation (hereinafter "Thisweek"). BECT and Thisweek are collectively referred to as the "Parties". WHEREAS, Thisweek submitted a letter proposal to the Cities of Burnsville and Eagan outlining proposed terms and conditions regarding advertising to be broadcast by BECT, the local cable access station for both cities; and WHEREAS, BECT desires to accept Thisweek's proposal. NOW THEREFORE, the Parties agree as follows: 1. Thisweek agrees to sell and develop advertising and BECT agrees to broadcast advertising pursuant to the terms set forth in the proposal letter dated October 22, 2004, a copy of which is attached hereto and incorporated herein as Exhibit "A". 2. This Agreement contains the entire agreement and understanding by and between BECT and Thisweek and no representations, promises, agreements or understandings, whether written or oral, other than those contained herein, shall be of any force or effect. Any amendment to this Agreement shall be in writing and signed by both Parties. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota, and any action or suit related to this Agreement shall be brought exclusively in a State of Minnesota District Court, Dakota County, Minnesota. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first written above. BURNSVILLE/EAGAN COMMUNITY TELEVISION By: Mark Hotchkiss BECT Manager By: ECM PUBLISHERS, INC., d/b/a THISWEEK NEWSPAPERS, a Minnesota corporation By: Eric J. Olson General Manager 35. APPROVED BY: CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Mira B. McGarvey Its: Deputy City Clerk CITY OF BURSVILLE, a Minnesota Municipal corporation By: Elizabeth Kautz Its: Mayor By: Sue Olesen Its: City Clerk 36 NEWSPAPERS �svu�ee 12190 County Road 11 Burnsville, MN 55337 952-894-1111 • FAX:952-846-2010 October 22, 2004 Mr. Tom Garrison Communications Director - City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Mr. Jim Skelly Communications Director — City of Burnsville 100 Civic Center Parkway Burnsville, MN 55337 Dear Tom & Jim: This letter is to outline a proposed partnership between Thisweek Newspapers and Burnsville/Eagan Cable Television; I wanted to give you an update on the proposal. Below is a summary of the items that have been discussed and the financial model we are pursuing: Facts: • Nearly 60% of households in Burnsville and Eagan have Cable TV (approximately 31,350 households). • Advertisers will be able to reach town homes and apartment renters with their product or service. • Display ads will cycle 24 hours/day and 7 days/week (except for normal updating). • All display ads will be in full color. Thisweek Newspapers are part of the ECM Publishers, Inc. group. Thisweek Newspapers publish seven editions every week serving the following communities south of the Minnesota River: Thisweek Apple Valley, Thisweek Burnsville, Thisweek Eagan, Thisweek Rosemount, Thisweek Farmington, Thisweek Lakeville Life & Times, and the Dakota County Tribune. Thisweek Eagan is delivered each Saturday to over 13,000 households. Thisweek Burnsville is delivered to more than 16,000 residents. Thisweek Newspapers are committed to serving our local communities with the best local news coverage. Thisweek Newspapers is proposing to sell advertising on Showcase 20. Showcase 20 broadcasts upcoming community events and information. Our initial model will focus on two types of advertisers, Real Estate and Automotive to be followed by other potential classified categories. Thisweek Newspapers will offer the following options: Real Estate: Offer agents the ability to run individual listings on channel 20 in one week increments for $25 per listing. Since the photo will be on file with Thisweek Newspapers, we would be able to design a template to plug in different listings efficiently. Agents could also run image ads. Our goal would be to recruit enough advertisers to organize a weekly program where we could group real estate listings to run during a certain time each week. Automotive: Offer dealers and private parties the opportunity to showcase individual vehicles each week. Thisweek Newspapers will sell automotive dealers monthly packages to run different vehicles every week. Thisweek Newspapers will sell a 37 Other: ten vehicle package on a weekly basis. The cost per vehicle will be $10. Templates will be developed for each auto dealer in which we will plug in different photos. We will also allow private owners the opportunity to display their vehicles at a rate of $15 per vehicle. Private party owners would be able to send us a digital photo and limited ad copy to run with the vehicle. We could create an easy to use online ordering system to help facilitate the production process. Again, our goal would be to recruit enough advertisers to organize a weekly program where we could group automotive listings to run during a certain time each week. We will look at developing different length contracts in order to help in the selling process. In the near future we would look at offering our classifieds the opportunity to place their ad on Showcase 20 as an up sell. Areas of focus would include garage sales as well as other items for sale. Promotion: Thisweek Newspapers will develop a series of ads to run in Thisweek Newspapers as well as on Showcase 20 to promote advertising opportunities. The ads will run in Thisweek Burnsville and Thisweek Eagan as often as space is available. The ads promoting Showcase 20 will run on a continuous loop. Thisweek Newspapers will also develop sales promotion sheets for the sales staff to facilitate in the selling process. Responsibilities: Thisweek Newspapers will be responsible for and provide the following: • Provide exclusive display advertising sales effort (the cities of Eagan and Burnsville will continue to be able to sell sponsorships). • Provide all production of ads and send weekly ads in the appropriate format (JPEG) to Burnsville/Eagan Cable TV with an insertion order summary. • Provide all billing and collections for all advertising sold. • Provide JPEG promotional ads for Burnsville/Eagan Cable TV to run. • Provide advertising space for weekly broadcast schedule to appear in both the Burnsville and Eagan editions of Thisweek Newspapers. Burnsville/Eagan Cable TV will be responsible for and provide: • Will run all advertising spots per weekly schedule (up to 10 seconds in length). The number of runs will depend on the total number of spots sold, but in general, a minimum of 50 times per day. The number of runs will be evaluated on an ongoing basis by BECT and Thisweek Newspapers to determine traffic guarantees.) • Produce at least two video spots of different lengths to talk about advertising opportunities. • Will run promotional spots as often as available. • Investigate the possibility of a web site link to Thisweek Newspapers. Revenue Arrangement: Thisweek Newspapers is proposing a revenue split of 25% for Bumsville/Eagan Cable TV and 75% for Thisweek Newspapers to cover production, sales, and billing costs. Thisweek 3s 2 Newspapers proposes the signing of a two-year working agreement with Bumsville/Eagan Cable TV for exclusive selling rights to Showcase 20. Payment of Revenues: Thisweek Newspapers will pay Burnsville/Eagan Cable TV by the 10t of the month for the previous month's sales. Payments will be paid on gross revenue and any uncollectible revenue will be the responsibility of Thisweek Newspapers. Thisweek Newspapers will upon request furnish all financial records for inspection by Burnsville/Eagan Cable Television or the cities of Bumsville and Eagan. Term of Agreement will be two years in length, allowing either party with an opt out period 30 days prior to the first anniversary, notifying the other party in writing. Projected Revenue: Based on the sale of 72 spots per week at average cost of $20 per spot would generate $1440 per week. On a yearly basis the gross revenue will be $74,880. Based on a 25% split of the revenue, Burnsville / Eagan Cable TV would receive $18,720 per year. If you have any questions regarding this proposal please contact me at 952-846-2006. Sincerely, Eric Olson Vice President and General Manager Thisweek Newspapers 39 3 Agenda Memo November 4, 2004 P. PROJECT 03-0, MARCELLA WOODS ACTION TO BE CONSIDERED: Acknowledge the completion of Contract 03-0 (Marcella Woods — Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Marcella Woods was constructed southeast of the intersection of Cliff Road (County State Aid Highway 32) and Pilot Knob Road (County State Aid Highway 31). This development required the installation of sanitary sewer, water main, and storm sewer, as well as grading and new street construction, the extension of Grace Drive, which was all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Memo November 4, 2004 CONSENT AGENDA: Q. Amendment to September 7, 2004 City Council meeting minutes ACTION TO BE CONSIDERED: Approve 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 120th Street, within the Lebanon Hills Regional Park in the south half of Section 35, subject to the following conditions: Aye: 5 Nay: 0 (conditions did not change) FACTS: • The motion regarding approval of the Final Planned Development originally read as follows: Councilmember Fields moved, Councilmember Tilley seconded a motion 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`h Street, within the Lebanon Hills Regional Park in the south half of Section 35, subject to the following conditions: Aye: 5 Nay: 0 • The wording "approve a final planned development" was inadvertently left out of the motion. ATTACHMENTS: • A copy of page four of the revised minutes is attached as page y.2. Eagan City Council Meeting Minutes September 7, 2004 1 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outdoor storage of various construction materials on Lot 17, Block 4, Eagandale Center Industrial Park subject to the following conditions. Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All outdoor storage materials and location shall be limited to the items and location shown on submitted plan dated August 17, 2004. (Concrete block, oil tank and assorted rebar) 3. The above ground tank shall be placed at the specified location on the site plan dated August 17, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. Landscape material as proposed on submitted site/landscape plan dated August 17, 2004 shall be installed no later than June 1, 2005. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. 7. The outdoor storage shall not exceed nine feet in height. REZONING AND FINAL PLANNED DEVELOPMENT — JEWISH COMMUNITY CENTER (CAMP BUTWIN) Administrative Services Director VanOverbeke introduced this item regarding a rezoning of approximately 84 acres from P, Park to PD, Planned Development, and 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 120th Street, within the Lebanon Hills Regional Park. City Planner Ridley gave a staff report. Brian Larson, representing the applicant expressed their opposition to payment of the existing trunk area storm sewer assessment obligation. Discussion was held by Councilmembers and staff regarding the condition of satisfying the existing trunk area storm sewer assessment obligation prior to the issuance of a building permit. The option of a payment agreement regarding the assessment was also discussed. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning of approximately 84 acres from P, Park to PD, Planned Development for property located off of 120th Street, within the Lebanon Hills Regional Park in the south half of Section 35. Aye: 5 Nay: 0 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 120th Street, within the Lebanon Hills Regional Park in the south half of Section 35, subject to the following conditions. Aye: 5 Nay: 0 1. The property shall be platted prior to occupancy of any new construction. 2. The applicant shall enter into a Final Planned Development Agreement with the City. Said agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations Plan 3. Development shall reasonably align with the following phasing schedule and without substantial deviation from the plan submitted: Phase I 2004-2005 • Remove existing Main building • Construct two-story Lodge Building 5,160 SF per level — 10,320 SF total • Construct two-story Retreat Center/Dormitory 2,460 SF per level — 4,920 SF total • Construct new 85' diameter turn around area for vehicle drop-off and emergency vehicle access • Road improvement from caretaker's house to new turn -around area ya Agenda Information Memo November 4, 2004, Eagan City Council Meeting R. WALMART FOUNDATION GRANT Acceptance of a $2,000 Walmart Foundation Grant. ACTION TO BE CONSIDERED: To approve acceptance of a $2,000 grant from the Walmart Foundation to the Eagan Police Department. FACTS: • The money will be used to purchase additional tasers for use by Eagan Police Officers • Funds will be deposited in the Police Department 2004 Operating Budget. Attachments: None Sys Z0609E080T ZOOLOOS£fi80T SO8OZTTLOT EOOSZ£SMOT EOLOL6OLOT £OOLT£S£b80T SO£OL9OLOT £OOZO£S£680T TOOOS%OLOI ZOOLZTS£680T T0806£OLOT ZOOOZTS£1780T ZOtTi7ZI9OT OOIT7TOO 9IOT ZOOOZTT9OI £OOTT088bZOT £OZOZOI9OT SOOVT08817ZOT IOLOS9090T SOOTZ088bZOT ZOZOTTO9OT OOOTT00£Z£OT b080i'ZTSOT TOOEZ009i780T OSOS8OSOT ZOOLZ009T780T £0£08£OSOT b00T00091.80T b000LOOSOT SOOL0009t8OT b0£ObTT'OT ZOOTO£OL9TOT b090TTT'OT ZOO OEOL9TOT ZOLOSPO6OT TOOGOTOL9TOT £OLO6ZO'OT TOOSZTOL9TOT £0808Z0VOT IOO9ZTOL9TOT bOTOSZO'OT IOO6ZTOL9TOT TOSOS0060T TOOZOTOL9TOT 60£0££0£OT S009010L9TOT TO8OSSOZOT L000£TOL9TOT Z0609SOTOT 800S0£OL9TOT £0£06ZOTOT 900S0£0L9TOT TO80bZOTOT LOOLTEOL9TOT H H W H H IQ H H H H .A H H A) H W ,A W H 14. - CO CO H 0 01 0 � H CO t.) 0 CO 01 01 0 01 CO CO N ON AA CO W IA iA 0 0 0 CO .A H 01 03 l0 lQ Ul H H NJ .A OJ W 01 H H O �) W 01 CO CO to Ul H CO W A H 01 U1 01 W N H 4. 01 l0 l0 �) IA 01 H —) l0 l0 W W 4.. CO 0) �1 N 01 H N W W O 01 H 0 N 0 co U1 to J N U1 nnnnnnnnnnnnnnQ000000000000 H H W H H tJ H Ni H H H N H 64 H H H H N) H H H Ul -1 U1 PA 01 H l0 0 0 4, W 01 00 W N IP H Ul N 0 O) H W �l H 0 N �) H W w (0 (0 to to W W to 01 H W ,A ,A o Q1 Q1 J l0 W 03 H 01 01 0 �1 CO O1 CO CO to Ul H 00 W 4 H 01 U1 01 W N H .A O1 l0 1/40 �) 'A 01 H -) l0 1.0 W W oA 0 CO �) N 01 H N W W 0 01 H 0 N O W U1 t0 -1 N 01 n • tri n 0 O 0 H H i (1) O O t?' I -C n n 0 H C7 b7 [r] SnixLs-ZNflO3D Agenda Information Memo November 4, 2004 Eagan City Council Meeting PUBLIC HEARINGS A. Certification of Delinquent Utilities ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. FACTS: The City Code allows for collection through certification of delinquent utility bills, which are not paid. At the October 5th City Council meeting, a public hearing was scheduled for the November 4, 2004 City Council meeting. The City currently has approximately 330 utility bill accounts with delinquent payments. The assessable amount of these accounts is $52,372.91. These items are in order for certification to the County. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: Delinquent account list; pages �S� through 9 ST W W Cli ",d f"r (D Xi CD 0 1-' (D C 5 (D 00 O 0 rr I-1 p. m � h] m r- GL W n Pi k-'- co 0 0 W• whi 0mN-N Pt) < n °C �1 co 0� Pi F'- (D (D (D 0 F-' Cr O ti rr rt Q, 1y (:),1-11C 0 • rt ct (D F'- H- N F'- W 01 IA I U oa¢. mmRct mmnm ro z aanpa0oad LO CD OOD C n[0=] ODS •• •• 1 wx1 o O o 0. O O O O N N n r z H Htrj t1 O MA N 1 ro F- +NNO N C;H . . 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A CO CO IP. 0 A 0 1D co O\ N . 01 01 0 w H OD - O1 co n n 0 E H W ro H 0 H O ro tilz sns.VIS - LNAODO i s.wY-ssBssv REPORT SORT) BY ACCOUNT NUMBER Agenda Memo November 4, 2004 PUBLIC HEARING: B: CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: • The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. • At the October 5, 2004 City Council meeting, a public hearing was scheduled for the November 4 City Council meeting. • The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm (increased from $75 in 2003). This assessment cycle contains a couple of delinquent alarms that occurred in December 2003; therefore, the fee was $75 per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. • The City currently has three delinquent false alarm bills. The assessable amount of these bills is $412.50. These items are in order for certification to the County. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Proposed assessment roll, page LO . FINAL ASSESSMENT ROLL FOR DELINQUENT FALSE ALARM BILLS October, 2004 Tires Plus 3595 Krestwood Lane Lakeside Point 1200 Town Centre Drive Sinclair 1815 Diffley Road $82.50 $220.00 $110.00 6o Agenda Memo November 4, 2004 C. PROJECT 884, BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 884 (Borchert Lane — Street & Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 884 provided for the street upgrade and utility improvements of Borchert Lane, from Mike Collins Drive to the entrance to Thresher Park in northeast Eagan, as outlined and discussed in the feasibility report. The improvements included the upgrade of 800' of rural section gravel roadway to a standard city street with public utilities. • The Final Assessment Roll was presented to the City Council on October 5, 2004, with a public hearing scheduled for November 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment costs are based upon an independent appraisal of benefit for all assessable properties. The appraised assessable benefits are less than the estimate contained in the feasibility report presented at the public hearing held on May 20, 2003. The resulting unassessable costs were placed against the Thresher Park parcel. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written or verbal objections have been received to date, even with staffs solicitation of comments or questions. ATTACHMENTS: • Final Assessment Report, pages through 69 . 6/ FINAL ASSESSMENT HEARING PROJECT NUMBER - 884 NAME - Borchert Lane Service Pair, Driveways, and Street IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R =Feasibility Report FINAL F.R RATE RATE UNITS SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk HEARING DATES ASSESSMENT - November 4, 2004 IMPROVEMENT - May 20, 2003 STORM SEWER ❑ Trunk ❑ Lateral ❑ Lat. Benefit/trunk FINAL F.R RATE RATE UNITS WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET O Surfacing C/I Properties 010-02 $71.42* $71.30 /FF. 010-01 22.66* 71.30 /F.F. 011-01 22.66* 71.30 /F.F. 050-02 25.73* 71.30 /F.F. * Appraisers Opinion O Driveway Apron. $4,290.00 $4,290.00 /Apron O Trail/Sidewalk SERVICES ❑ Water & San Sewer $13,361.04 14,780. /Pair STREET LIGHTS ❑ Installation ❑ Energy Charge CONTRACT NO. OF INTEREST AMOUNT CITY NO. PARCELS TERM RATE ASSESSED FINANCED $134,120 F.R. $26,600 F.R. 04-03 5 15 Years 4.5% $78,391.04 $160,318.05 COMMENTS: 6�- city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: October 20, 2004 SUBJECT: Final Assessment Roll Project No. 884 Borchert Lane Street and Utility Improvements MEMO The City Council at the conclusion of the public hearing on May 20, 2003 ordered Project 884. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are: 1. Construct Borchert Lane to City standards 2. Construct sanitary sewer and water service pair 3. Construct concrete service entrances The costs associated with the Borchert Lane improvement were proposed for assessment using a linear method for all properties. The costs associated with the sanitary sewer and water service pair and the concrete entrances were proposed for assessment using the direct assignment method. Subsequent to the public hearing, an independent appraiser rendered an opinion as to the amount each of the improvements increased the value of the affected properties. Also, subsequent to the public hearing, change order number 1 was approved for the following improvements: a bituminous trail was constructed on the south side Borchert Lane, sanitary sewer repair and sidewalk repair at the Civic Arena. The financing of the trail is the responsibility of the City's Park Site Acquisition Fund. The financing of the sanitary sewer repair is the responsibility of the Sanitary Sewer Division of the City's Public Utilities Fund. And the sidewalk repair is the responsibility of the Civic Arena Enterprise Fund. Construction of the improvements was accomplished under Contract No. 04-03, which is complete. The assessment hearing is scheduled for November 4, 2004. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $170,183.64 paid to contractor and vendors for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $59,229.67 and easement costs in the amount of $9,295.78 were incurred resulting in an improvement and project cost of $238,709.09. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. 2 63 EASEMENT CONSTRUCTION AND OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Sanitary Sewer and Water $9,911.50 $3,449.54 $13,361.04 $14,780 Service Pair Concrete Entrances 6,437.42 2,240.44 8,677.86 12,870 Street With Drainage 107,190.32 46,601.64 153,791.96 132,980 Bituminous Trail 12,480.55 4,343.65 16,824.20 Sanitary Sewer Repair 24,711.50 8,600.44 33,311.94 Civic Arena Sidewalk 9,542.35 3,289.74 12,742.09 TOTAL $170,183.64 $68,525.45 $238,709.09 $160,630 II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. IMPROVEMENTS 1. Sanitary Sewer and Water Service Pair An 8 inch (eight), 40 lineal foot long sanitary sewer and a 6 inch (six), 70 lineal foot long water service pair was installed at a construction cost of $9,911.50. Other costs in the amount of $3,449.54 were allocated resulting in an improvement and assessable cost of $13,361.04. In the feasibility report, it was proposed to assess 100% of this improvement cost using the direct assignment method to the benefited parcel. An independent appraiser is of the opinion the improvement would benefit the parcel in the amount of $14,780. The policy of the City is to assess the lesser of: the cost of the improvement, or the increase in the value of the property as determined by the appraiser. Therefore the City is proposing to assess the following: ASSESSABLE ASSESSABLE AMOUNT UNITS ASSESSMENT RATE $13,361.04 =1 Unit $13,361.04/Unit 3 6f 2. Concrete Entrances The contractor installed two (2) concrete driveway entrances at a construction cost of $6,437.42. Other costs in the amount $2,240.44 were allocated, which results in an improvement cost of $8,677.86. In the feasibility report, it was proposed to assess 100% of this improvement cost using the direct assignment method to the benefiting parcels. An independent appraiser is of the opinion the improvement would benefit the parcels in the amount of $4,290 per driveway. The policy of the City is to assess the lesser of: the cost of the improvement, or the increase in the value of the property as determined by the appraiser. Therefore, the City is proposing to assess the following: IMPROVEMENT COST $8,677.68 IMPROVEMENT UNITS IMPROVEMENT RATE 2 Entrances $4,338.84/Unit The City proposes to assess the concrete entrances at the rate $4,290.00 /Entrance as that is less than the improvement rate of $4,338.84. It is proposed to assess the amounts provided by the appraiser as that is less than the cost of the improvement. Any amount not assessed, computed at $97.86, will be financed by the City's Park Site Acquisition and Development Fund. 3. Street Improvement with Drainage Borchert Lane was improved from a point east of Mike Collins Drive, 750 feet in an easterly direction to the entrance of Thresher Fields Park. The construction cost for this street improvement was $107,190.32. Other costs in the amount of $37,305.86 and easement costs in the amount of $9,295.78 were allocated which results in an improvement cost of $153,791.96. The feasibility report called for the street improvement to be assessed using a linear basis. The following table shows the computation of the assessment rate: TOTAL IMPROVEMENT IMPROVEMENT COST $153,791.96 UNITS IMPROVEMENT RATE 1,865 F.F. $82.46/F.F. The following table compares an independent appraiser's opinion of the benefit provided by the street improvement to the benefit of the project using the linear method of assessment based on the cost of the street improvement. Property ID Number 10-14700-010-02 10-14700-010-01 10-14700-011-01 10-22503-051-02 Property Status In Use, Access Taken, Dual Access Vacant Vacant In Use, Access Not Taken, Access on Mike Collins Drive 4 Appraiser's Opinion $31,710.00 bs 8,215.00 8,215.00 8,310.00 Based on $82.46/F.F $36,612.24 30,922.50 28,861.00 26,634.58 It is proposed to assess the amounts provided by the appraiser as those amounts are less than the cost of the improvement. Any amounts not assessed computed at $97,341.96 will be financed by the City's Park Site Acquisition and Development Fund. 4. Bituminous Trail The City incurred construction costs of $12,480.55 to install 870 feet of an 8 foot wide bituminous trail along the south side of Borchert Lane from Mike Collins Drive to Thresher Fields Park. Other costs in the amount of $4,343.65 were allocated resulting in an improvement cost of $16,824.20. The assessment rate was computed using the following: TOTAL IMPROVEMENT COST $16,824.20 ASSESSABLE UNITS ASSESSMENT RATE 1 Unit $16,824.20fUnit This improvement will be financed by the City's Park Site Acquisition and Development Fund. 5. Sanitary Sewer Repair The contractor removed and replaced 40 linear feet of (12) twelve inch sanitary sewer line at a cost $24,711.50. Other costs in the amount of $8,600.44 were allocated resulting in a repair cost of $33,311.94. The sanitary sewer repair will be financed by a transfer from the Sanitary Sewer Division of the City's Utility Enterprise Fund. 6. Sidewalk Repair and Replacement at the Civic Arena The contractor incurred costs of $9,452.35 to replace damaged curb and gutter, and sidewalk at the Eagan Civic Arena. Other costs in the amount of $3,289.74 were allocated resulting in a replacement cost of $12,742.09. This improvement will be financed by the City's Civic Arena Enterprise Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 15 years with interest charged at an annual interest rate of 4.5% on the unpaid balance. 66 III. CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT IMPROVEMENT COST Sanitary Sewer and Water $13,361.04 Service Pair Concrete Entrances Street With Drainage Bituminous Trail Sanitary Sewer Repair Civic Arena Sidewalk Total ASSESSMENT REVENUE $13,361.04 8,677.86 8,580.00 153,791.96 56,450.00 16,824.20 0 33,311.94 0 12,742.09 0 $238,709.09 $78,391.04 The following funds will provide financing for the listed improvements. Park Site Acquisition and Development Fund Sanitary Sewer Division of Utility Enterprise Fund Civic Arena Enterprise Fund Total Zd Gerald R. Wobschall Reviewed Public Works Dep ID -Z7 -o4 Dated Revie 1' Finance epartment ( C7 ,-C7-- Dated cc: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Parks and Recreation GRW 67 CITY'S (RESPONSIBILITY) $0 (97.86) (97,341.96) 0 (33,311.94) (12,742.09) ($160,318.05) $114,264.02 33,311.94 12,742.09 $160,318.05 Combined Assessment Roll d Service Pair ADDITION NAME1 Project N DISPLAY PID O O o o CO i co ONO_ N o N M.. v to 0 0 0 0 O O O O O ti O ti c I,: (D N- N �Y r M CO Nr 0 0 0 0 O lD 0 0 r I- C) 0- t(7 N N CO N 0 00 (0 ti 0 0 0 0 0 N 11 N 00 - 00 co co 0 O 0 OD to 00 1 1 0 O 0 00 OO Nt 0 0 r r OJ O7 M M (4) M r - W0 (0 0:0 000 O0O (0(0(0(0(0 n. adn-a 0 0 0 0 0 6S� 0 / 4 I I/ / LU / Lot 5, Blk 2 10-22503-050-02 $ 8,310.00 Lot 2, BIk 1 10-14700-010-02 Borchert -Ingersoll Inc. 1st Add. * $ 31,710.00 Borchert -Ingersoll Inc. 1st Add. 10-14700-010-01 SCALE: 1" =200' (2 10-14700-011-01 THRESHER FIELDS PARK Thresher Fields Costs Concrete Entrance $ 97.86 Street Costs $ 97,341.96 Bituminous Trail Costs $ 16,824.20 Total $ 114,264.02 C: J o h n _G\Assessments\BB4Borc he rt_Ass ess_tro i t Legend * Concrete Entrance @ $ 4,290.00 ea. A Service Pair @ $ 13,361.04 / pair Street Assessment $ 8,XXX.XX Oct. 27, 04 City of Eagan Borchert Lane Street Improvements - Assessment Map City Project No. 884 Fig. 1 Agenda Information Memo November 4, 2004, Eagan City Council Meeting VII. OLD BUSINESS A. REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT — CEDARSTONE DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) Rezoning of 5 acres from Agriculture to PD, Planned Development for property located at 1055 Wescott Road in the SW '/4 of Section 14. To approve (OR direct findings of fact for denial) a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW 1/4 of Section 14; Subject to the conditions in the staff report. To approve (OR direct findings of fact for denial) Preliminary Planned Development to create 14 twin homes with public and private streets and reduced setbacks to the public street for property located at 1044 Wescott Road in the SW '/4 of Section 14; Subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL > Majority of Council Members present FACTS: > At the regular City Council meeting on October 19, 2004, the item was continued to the November 4, 2004 regular meeting at the applicant's request. > An application for rezoning to R-2, residential double, was submitted in March. At the May City Council meeting there was council consensus that the twin home proposal may be appropriate if handled as a Planned Development and the Commission and Council had the rezoning, subdivision and planned development plans before them at one time to review. > As presented, there are deviations to the R-2 standards regarding lot size and setbacks; access from Wescott is proposed by private roads. > The subject site is surrounded by single family detached residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. > The Advisory Planning Commission held a public hearing on September 28, 2004 and is recommending denial. 7 o ISSUES: > The APC suggested public streets rather than private although members were concerned setbacks could not be met. > The APC concluded the Planned Development provided little benefit to the City and may not be consistent with the surrounding area. > The applicant has submitted a new narrative and a revised site plan for the purpose of addressing -the -APC concerns. > The revised plan still has setback deviations when compared to R-2, but provides public access to the east and west parcels. > The revised site plan does not provide adequate turnarounds; a turnaround is required at both ends of the public street, as a temporary cul-de-sac on either this development site or on the adjacent properties. If the cul-de-sacs are constructed on the adjacent properties, adequate public street easement will need to be obtained by the developer. > Perpendicular or diagonal parking areas are not allowed in public street right-of-way. 60 DAY AGENCY ACTIONDEADLINE • December 21, 2004 ATTACHMENTS (4): September 28, 2004 APC minutes on page44 through 7 3 Staff Report on pages,µ through/07 Applicant's revised narrative on pages /Q8 through UP Q Revised Site Plan on page 1/) 7 / City of Eagan Advisory Planning Commission Meeting Minutes September 28, 2004 Page 3 B. PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT — CEDARSTONE DEVELOPMENT CO., INC. A Preliminary Subdivision (Cedarstone of Wescott) of approximately five acres to create 14 lots and a Preliminary Planned Development to allow twinhomes, located at 1055 Wescott Road the SW 1/4 of Section 14. Member Chavez was absent during the presentation of this item. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated September 22, 2004. She noted the background and history. Chuck Levin, Architect for the project introduced the development am and stated the need for a twin home development in the City of Eagan. ed the units would be sold for $350,000 to $400,000. He discussed changes made © the plan such as density and access points. He stated 102 trees will be preserve0,30 treewill be relocated on the site, 24 overstory trees, 27 ornamental trees, a dto coniferous t ees will be added. He stated the monument sign would be located o;;, a east side of the a rance. He discussed typical home features for the differs t,inits. Clark Wickland, discussed the concern for flooding e state the wetland area in the middle of the site would collect drainage then discharge"nnto a storm sewer{ system after a certain level of elevation. Chair Heyl opened the public hearing. Sue Vuruno, 3708 Cardinal Way stated tt� She stated concern with stormwater runof.and proposed homes. She state concern with -h Bob McDonald 1085Wesco f Road stated ca; emergency access Steve Wolfrath 3720 Car Advisory Play i ® ,;Commis: Irwin Dahl 1025 -sca FrediRppe 3704 Cardi the community, referring `c.' the suggested empty nesters occupancy. es not fit th "'•roposed development. tanc,between her home and the ccess oin s. cern for the density, compatibility, and Ao�tec ttiurroundin comments neighbors.and asked the ,:. 9 ted concern for the density. ay stated concern with light pollution and lack of children in There being n the discussion ba ether pubic comment, Chair Hey! closed the public hearing and turned o the.; Commission. Chair Heyl inquired about runoff to the north. She asked about private streets verses public streets. Assistant Engineer John Gorder stated there is adequate drainage for the property. City Attorney Bob Bauer explained that the developer has proposed private streets and that the developer has requested that the city obtain easements from the adjacent property owners to use the private road in the future and contribute financially to the construction and maintenance. He also explained that the city does not negotiate private easements between the developer and affected property owners. He further c), City of Eagan Advisory Planning Commission Meeting Minutes September 28, 2004 Page 4 stated that condition number 4 gives the developer the right to negotiate the private easements and if it cannot be obtained, one option requires the developer to dedicate and construct the public streets that would provide public access to the adjacent properties. Member Gladhili stated concern with consistency, density, and setbacks. Chair Hey' agreed with Member Gladhili and stated there should be a public street, which would not allow the setback requirements to be met. She stated concern for number of trips per access point. She further stated the Planned§Development appears only to benefit the developer. She stated the 14 units are not feasible:with the access and setback issues. She lastly stated that the proposed twinhomes are not consistent d'3Liti.. with the surrounding area. Member Bendt moved, Member Chavez seconded‘ tion to reco `mend denial of a Rezoning of five acres from Agriculture to PlannerDevelopment, for`p?c erty located at 1055 Wescott Road. The reasons for denial are as follows: 1. Does not benefit the City of Eagan. 2. Not compatible with surrounding,. area because of etback of private or public roadways. AW` 3. Not adequate access. All voted in favor. Motion carried 7-0. Member Bendt moved Mem • Chavez seconded a motion to recommend denial of a Preliminary Plane evelopment to create 14 twinhomes on property located at 1055 Wescott Road in the S y4 of on 14. The reason for sial_ are as follows: 1. Des not bene it t e Ci f Eagan. 2. �. of compatible surroundingarea because of setback of private or public rodways. 3. Nolequate acce All voted in favor otion carried 7-0. Member Bendt mov 'Member Gladhili seconded a motion to recommend denial of a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW 1/4 of Section 14. The reasons for denial are as follows: 1. Does not benefit the City of Eagan. 2. Not compatible with surrounding area because of setback of private or public roadways. 3. Not adequate access. All voted in favor. Motion carried 7-0. •73 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 21, 2004 APPLICANT: Cletis Levisay PROPERTY OWNER: Same REQUEST: Rezoning, Preliminary PD, Preliminary Subdivision LOCATION: 1055 Wescott Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture CASE: 14 -PS -14-08-04 HEARING DATE: September 28, 2004 APPLICATION DATE: September 1, 2004 PREPARED BY: Sheila Cartney SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning of five acres from Agriculture to Planned Development, Preliminary Planned Development to create 14 twin homes and a Preliminary Subdivision to create 81ots on property located at 1055 Wescott Road in the SW '/< of Section 14. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or 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: �v Planning Report — Cedarstone September 28, 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: Planning Report — Cedarstone September 28, 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 property is not platted. An application for rezoning to R-2, residential double, was submitted in March. At the May City Council meeting there was council consensus that the twin home proposal may be appropriate if handled as a Planned Development and the Commission and Council had the rezoning, subdivision and planned development plans before them at one time to review. EXISTING CONDITIONS The site is heavily wooded; a single family home and a pole barn are present. Access is via Wescott Road. There is a large pond in the middle of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: '76 Existing Use Zoning Land Use Designation North Single family residential PD, Planned Development LD, Low Density residential 0-4 u/a South Single family residential PD, Planned Development LD, Low Density residential 0-4 u/a East Single family residential A, Agriculture LD, Low Density residential 0-4 u/a West* Single family residential A, Agriculture LD, Low Density residential 0-4 u/a '76 Planning Report — Cedarstone September 28, 2004 Page 4 * The property to the west of the subject site is also requesting approval of a rezoning, the request is to rezone to R-1, Single family residential. EVALUATION OF REQUEST I. 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. The applicant's narrative indicates that as proposed the development "allows for a greater creativity and sensitivity to environmental features such as the existing wetland area and significant trees species. Residential units can be in closer proximity to one another, thereby creating a greater sense of community and pedestrian, not vehicular, orientation. Impact to the projects perimeter is also reduced due to the reduction of internal setbacks from potential property lines and/or right-of-way should the project be platted in accordance with the requirements of the zoning ordinance." Amenities — There is a conservation easement planned for the pond in the center of the subject site. The pond will be preserved and utilized for resident's enjoyment. There is a path on the east side of the development for residents to access the gazebo which is also on the east side of the development. Homeowners Association — The association will be responsible for maintaining all common area. The association will be responsible for lawn care, snow removal, general maintenance of the ponds and stormwater management. 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 minimum and maximum 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. Setback Twin Homes Ordinance Proposed Front yard private street 20 feet 14.6-28 feet Front yard Wescott Road 50 feet 60+ feet Side yard: Principal Structure 0-10 feet 0-5 feet Rear yard: Principal Structure 15 feet 5 feet Side yard: Accessory Structure 5 feet 5 feet Rear yard: Accessory Structure 5 feet 5 feet Between units 20 feet 20 feet Planning Report — Cedarstone September 28, 2004 Page 5 Setbacks are measured from the property line to the structure. The proposed plat allows for a five foot setback around the perimeter of the lot. If the lots were not platted this way the structures would meet setbacks from the perimeter. Building Coverage — The R-2 zoning district allows for a maximum of 20 percent building coverage. The applicant provided the overall site building coverage, not lot by lot coverage. The overall building coverage is 14.5 percent. Technically the twin homes individually exceed the 20 percent lot coverage; however, each lot is adjacent to a significant amount of common area. 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. The submitted elevation plans do not indicate building height, as part of the final planned development the height of the buildings shall be established. Staff suggests the development maintain the 35 foot height maximum. Landscaping — The landscaping plan appears adequate. 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 two enclosed parking spaces for each dwelling unit. There are also four visitor parking spaces and some room in the driveways for 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 submitted color renderings indicate the siding will be fiber cement Hardiboard or equal. The colors are "Colonial Roughhewn" which is a light gray and "Rustic Cedar" which is a pale yellow or light brown, both neutral colors. The masonry is a veneer masonry on concrete block or poured foundations. The roof is a laminated fiberglass shingles GAF Timberline or equal (dark and light brown) a color rendering is available in the file. 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 at the entrance of the site. According to the site plan the sign is located three feet from the property line, the sign ordinance requires a 10 foot setback. As proposed the sign is 10 feet 6 inches in height and 14 feet wide. Technically this sign could be considered a pylon sign because it exceeds 7 feet in height. The sign materials are not identified on the plan, but appear to be brick and possible wood for the sign face. As part of the Final Planned Development a detailed sign plan should be submitted. The sign should conform to "?S' Planning Report — Cedarstone September 28, 2004 Page 6 monument sign requirements, no more than 7 feet in height with a four foot maximum height of sign area. Advisory Park and Recreation Commission — This proposal was before the Advisory Park and Recreation Commission (APrC) as a development item at the September 20, 2004 meeting. 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. II. Preliminary Subdivision Proposal — The applicant proposes to develop the 5 acre site with 14 twin home units, as proposed this will be a single phase development. Compatibility with Surrounding Area — The subject site is currently surrounded with single family residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0-4u/a). The Site Plan indicates the twin home proposal can achieve the required density. While a twin home development maybe compatible with the area, it would introduce twin homes into an area completely surrounded by detached single family. Density - The proposed overall gross density is approximately 2.8 units/acre. The proposed net density (minus 90% of the pond leaving 3.81 acres buildable) is approximately 3.6 units/acre. The property is guided low density residential allowing 0-4 units/acre. Lots — The R-2 district requires a double lot to be 15,000 square feet or a twin home lot to be 7,500 square feet per unit. The lots as proposed are not that of a typical R-2 plat. There is one parent parcel (Lot 1, 147,409 square feet) that contains lots 2 through 8. Lots 2 through 8 range from 7,038 square feet to 8,118 square feet. The intention of the plat is to condo the plat so that the home owners own their home and five feet around the foot print of the house and the rest is common area maintained by an association. The overall lot size intent is met, but is done in a different fashion. Grading/ Topography — The preliminary grading plan is acceptable. The site is heavily wooded with relatively flat topography, with elevations ranging from 984 to 908 over the 5 acre property. A wetland lies in the middle of the site. The preliminary grading plan shows maintaining a 30 - foot ungraded buffer area around the wetland. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is subject to the City's codified land disturbance and erosion control regulations. Planning Report — Cedarstone September 28, 2004 Page 7 Utilities — The preliminary utility plan is acceptable. A sanitary sewer pipe of sufficient size, depth and capacity is available along the west edge of the site within public easement. The development will connect to this sewer in two locations and will provide a pipe stub to the property to the east (Parcel 050-53) for its future use. Existing water main of sufficient size and capacity within Wescott Road right-of-way is available for connection and extension through the development. The developer should abandon all existing well and septic systems within the site in accordance with City and County standards. Streets/ Access/ Circulation — The developer is proposing to provide street access to the development via private streets, and one intersection with Wescott Road. Wescott Road is classified as an arterial roadway in the City's Comprehensive Plan and carries'about 12,000 vehicles per day. Access management is critical along Wescott Road to preserve its intended purpose of vehicle mobility while maintaining its safety. The two 5 -acre unplatted parcels to the east (Parcel 050-53) and west (Parcel 030-53) will also require access to Wescott Road with their possible future development. The developer has prepared a concept plan showing how the adjacent properties can be provided street access (see attached concept plan). To reduce the number of access points along Wescott Road for these three remaining properties, this development should provide street connections to the adjacent parcels by one of two options: 1) extending City engineering -standard public streets with dedicated right-of-way through the development from Wescott Road to the parcels, or 2) providing private street extensions through the development from Wescott Road with easements in favor of the two adjacent parcels. The private easements should in a form acceptable to the City Attorney and should be executed with the adjacent property owners. The private streets proposed are at the minimum width allowed by City code (24 feet) for the number of units served. A public street will require a minimum of 28 - foot in width (face-to-face of curb), with a minimum of 50 -foot right-of-way width. If the adjacent property owners are not agreeable to the private easements, the street extensions should be constructed as public streets, to City standards for width, construction, and turnaround with dedicated right-of-way (option 1 above). The private drives should be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. Storm Drainage — The preliminary storm drainage plan is acceptable. Most of the development's storm water runoff will drain via public storm sewer to a proposed storm water basin before discharging into the existing wetland (Pond JP -43 as designated in the City Storm Water Management Plan) in the center of the site. Pond JP -43 will then discharge to existing storm sewer within Wescott Road. The remaining storm water runoff from the development will flow off-site in rates and volumes less than current conditions. Planning Report — Cedarstone September 28, 2004 Page 8 Water Quality - This proposed 5.0 -acre residential development is located east of Fish Lake in the City's J -watershed. Some of the stormwater runoff generated by the built area of this development (2.0 acres) will drain to a treatment pond that is proposed to be constructed next to the 0.9 -acre wetland in the middle of the parcel. Runoff from the other proportion of the built development (1.6 acres) site will drain offsite. The wetlands and surrounding buffer areas comprise the remaining 1.4 acres of the property. 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 the proposed built area is 61.8 percent. To meet City water quality requirements, a minimum wet -pond volume of 0.27 acre-feet covering an area of 0.17 acre would be needed. The pond would have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. The remaining 1.6 -acre built area of the development that will drain offsite is subject to a cash dedication in lieu of treatment ponding. Wetlands - There are four wetlands on this parcel, according to the delineation report prepared August 16, 2004. The largest wetland, which is approximately 0.88 acre in surface area, is in the center of the parcel. This is a Type 4 wetland, under the standard classification system of the U.S. Fish and Wildlife Service. Type 4 wetlands are inland deep fresh marshes with soils that are usually covered with six inches to three feet or more of water during the growing season. Vegetation includes cattails, reeds, and bulrushes. In open areas, pondweeds, coontail, and water lilies may occur. Along the southwest boundary of the parcel, a 285 -square -foot Type 1 wetland exists. Another small Type 1 wetland (183 square feet) is located northeast of this wetland. Type 1 wetlands are seasonally flooded basins or flats. Typically, soil is covered with water or is waterlogged during variable periods but is usually well -drained during much of the growing season. Vegetation varies from bottom -land hardwoods to grasses. The edge of a fourth wetland is located along the eastern boundary of the parcel. This 732 - square -foot area is a Type 2 wetland. Type 2 wetlands are inland fresh meadows vegetated primarily by reed canary grass, with some lake sedge and river bulrush. None of the wetlands are designated public water wetlands by the Minnesota DNR. Therefore, all are under jurisdiction of the Minnesota Wetland Conservation Act (WCA), which regulates draining and filling of all natural wetlands and excavation of certain types of natural wetlands. This program is administered by the City of Eagan, which acts as local government unit for WCA issues. Planning Report — Cedarstone September 28, 2004 Page 9 WCA Rules (Minn. Rules Ch. 8420) do not require wetland replacement for any excavation of Type 1 wetlands or for up to 2,000 square feet of fill in Type 1 wetlands. The developer proposes to fill both Type 1 wetlands (a total of 468 square feet of fill). The developer is proposing a conservation area under an easement that includes a 30 -foot buffer around most of the large wetland and the stormwater treatment pond. To reduce the number of access points along Wescott Road for the three remaining 5 acre properties, this development should provide street connections to the adjacent parcels by one of two options: 1) extending City standard public streets with dedicated right-of-way through the development from Wescott Road to the parcels, or 2) providing private street extensions through the development from Wescott Road with easements in favor of the two adjacent parcels. The private easements should in a form acceptable to the City Attorney and should be executed with the adjacent property owners. Tree Preservation - A tree inventory submitted with this application indicates that there are two - hundred forty-five (245) significant trees in the inventory. There are a variety of tree species on- site. The development as proposed will result in the removal of one -hundred ten (110) significant trees (44.9 % 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 less than the allowable amount, there is no required tree mitigation for this proposal. The applicant proposes to preserve 32 trees through transplanting within the site. In an attempt to maximize tree preservation, the applicant intends to preserve forty (40) trees adjacent to areas to be graded. The preliminary grading plan submitted shows proposed grade lines occurring inside the CRZ of trees that are to be preserved on site. To ensure survival of these preserved trees, staff is recommending that a long-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these trees. No encroachment is to occur inside tree protection areas. Parks and Recreation - Parks or trails dedication shall be satisfied through a cash dedication. SUMMARY/CONCLUSION The applicant is requesting to rezone 5 acres from Agriculture to Planned Development and develop 14 twin homes. The plat is proposed to consist of 8 lots 7 twin home lots and 1 parent parcel that is comprised of private streets, ponds, trails, a gazebo and common area. An association is planned to maintain the development. The subject site is currently surrounded with single family residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. Rezoning the subject property to Planned Development allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0-4u/a). The Site Plan indicates the twin home Planning Report — Cedarstone September 28, 2004 Page 10 proposal is consistent with the required density. While a twin home development may be compatible with the area, it would introduce twin homes into an area completely surrounded by detached single family. The R-2 district was used for a comparison for this development since the Planned Development district does not have set standards. The proposal varies in setbacks and lot sizes when compared to the R-2 district requirements. The appropriateness of this use and proposal are for City Officials to determine. A tree inventory submitted with this application indicates that there are two -hundred forty-five (245) significant trees in the inventory. There are a variety of tree species on-site. The development as proposed will result in the removal of one -hundred ten (110) significant trees (44.9 % 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 less than the allowable amount, there is no required tree mitigation for this proposal. There are four wetlands on-site. WCA Rules (Minn. Rules Ch. 8420) do not require wetland replacement for any excavation of Type 1 wetlands or for up to 2,000 square feet of fill in Type 1 wetlands. The developer proposes to fill both Type 1 wetlands (a total of 468 square feet of fill). The developer is proposing a conservation area under an easement that includes a 30 -foot buffer around most of the large wetland and the stormwater treatment pond. ACTION TO BE CONSIDERED To recommend approval to Rezone five acres from Agriculture to Planned Development, for property located at 1055 Wescott Road. To recommend approval of a Preliminary Planned Development to create 14 twin homes on property located at 1055 Wescott Road in the SW '/a of Section 14. 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 • Final building coverages for each lot (table form) Planning Report — Cedarstone September 28, 2004 Page 11 To recommend approval of a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW 1/4 of Section 14. 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, Cl, 2, D1, and El 1. The property shall be platted. 2. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 3. The developer shall abandon all existing well and septic systems within the site in accordance with City and County standards. 4. This development shall provide street connections to the adjacent parcels by one of two options: 1) extending City standard public streets with dedicated right-of-way through the development from Wescott Road to the parcels, or 2) providing private street extensions through the development from Wescott Road with easements in favor of the two adjacent parcels. The private easements shall in a form acceptable to the City Attorney and should be executed with the adjacent property owners. Note: Option 1 will provide a smaller lot 1 and the dedicated public easement for the road extension must start at Wescott and extend through the development to the adjacent properties. 5. If the adjacent property owners are not agreeable to the private easements, the street extensions shall be constructed as public streets with dedicated right-of-way (option 1 above). 6. The private drives shall be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. 7. To ensure survival of preserved trees (on site trees #3-5, 8-11, 20, 21, 28, 29, 31, 32, 37, 63, 78, 87, 88, 113, 117, 118, 120-122, 134, 137-141, 168-171, 173-175, 177, 187, and 188), a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. 8. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 9. 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). 10. 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. 11. A cash park and trail dedication is required. 12. A minimum wet -pond volume of 0.27 acre-feet covering an area of 0.17 acre shall be required. The pond shall have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 13. A cash dedication in lieu of treatment ponding shall be required for the remaining 1.6 acre built area. ev Planning Report — Cedarstone September 28, 2004 Page 12 14. The developer shall provide a conservation easement in favor of the city, in a form acceptable to the City Attorney. 15. A homeowner's association document shall be provided to the City Attorney prior to final subdivision approval and Lot 1 shall be conveyed to the association. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 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. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 LTS#5 STANDARD.CON g7 Revised: February 2, 1993 FINANCIAL OBLIGATION-Cedarstone of Wescott- Preliminary Subdivision There are pay-off balances of special assessments totaling $-0- 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 USE RATE QUANTITY AMOUNT Water Trunk S.F. $12,395 Water Lateral S.F. $24.85/F.F. 230 F.F. 5,716 Storm Sewer Lateral S.F. 15.65/F.F. 230 F.F. 3,600 Storm Sewer Trunk S.F. .095/Sq. Ft. 23,108 Sq. ft. 2,195 Street Wescott Road S.F. 20.02/F.F. 230 F.F. 4,605 $28,511 V®remici am& raw, �Qt1�`I ®© Ulla UMe®ilL XVI Location Map wir mon g a 13=3 Ilzma ato ausMotra sr rokai�B tt aro Ma, 8d3 * rargii Eagan Boundary Street Centerline T-1 Parcel Area Building Footprint I calr r.5 I - c r. Li p pa aw a seri 11 ¢rs rte'-. as Subject Si Er! fir 8 MO Imo At -*RE s 041•41k, Zint AU.n' d JLlIJ11 U LJL� q CEN r.� ly^ I rr. r' I L"z L"z r • i : El PCZ Aa ka --.L rip�.� Al ®flh: ,A4M rI4now= Llama.. r*4`t, 1A*71I 11P411:/t.*r,t1 t1i.t .O17 r&riak#k ®®� ...iiiiiik,. 0.El „-tb„,41 Site :re 4., „,,„,-,�►,� 4,,.. TA V rt ft414°,9V16- Esti `tet Li ll Ore I FMUM EttICIEMITZL74):; ET 517,1 � �i�”. G�G�3:��:,,. zga o nCi r all,'14 c32fIM441*p lb roil riaM37.3:1* IL 0 rill Mei 3 0%%4▪ +"›u'' v 4 1 ii 71 ham JI 1 0431M / 47 �1 0 MOM 7-97 LAMA • '474uQ�� cazuzuzaaciam emsnormrincnnm mik7,tts'4` 10os�cord ariin 41Ni FI Ni witty mew e 1000 0 0,004VOM PAM 1000 Development/Developer: Cedarstone of Wescott Application: Perliminary Subdj4 Case No: 14 -PS -14-08-04 city of eagan Community Devopment Departmnt Map Prepared usng ERSI ArcView 3.1. Parcel base map data provided by Dakota County Office of GIS and Is current as of January 2004. /t 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. B ,494 / " 2000 Feet 0 N W+ E Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: Ag Agriculture 600 0 cos 1200 F..t Cedarstone of Wescott Case No. 14 -PS -14-08-04 ■ A ELLE>vf III WA I■ A PD ■ 11111 IhU 411111 tvik • 4414 PF 111 Location 11.111!111 ■ 1 I I I P , A 1 1W1 PAP•• vrr •*�i,<C Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density Residential 000 0 ■00 ,City of Eagan Community Development Department 1200 Foot LD LIJ 1 D • ICA 9'o Parcel base map In tion dn. Dakota County Land Survey Departmet .lure 2003. Zo ng Information maintained byCity Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W+' E 4 PLAe a\ME1D D 13/12-EALwV,AN_:M\Me°XGPaDvi SY:YC:CLbY:i.YCT::tNai:iC:LI=E -5C5tt t iift. m i FrrrFrrrrrErfrrttj :Irtillifinnn: IfOnf`it'e fttttttR t€ttett11ffffff6 1ggeigiii EOrfircr'UUFii=ifilifffifi 111111II;1Efg! 1161±3t1ff!rl1 fif f I n ?i 111 /1 Tar`.T.=eeetteeetaee:tereiiti:r:.Ece Fjrjczrrrrrr rlrrrrJrrrrierri1 {g(� ttttttjtti.RoRRR tffr rfttt0 ��fB.rP�rr�gif eriE fgtE Fffilf D £fS tt. [! 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AND PRELIMINARY SUBDIVISION SUBMITTAL MASTER PLAN OPTION m> m -I z ; [ aI F$! 29i \ { .•§( PI • , = HI .` ;; 9 ; e { q 1 • ! . d - W 40/81/8 :81g0 � § g -IPM g § g,CE55 as. ■= � k f'- I— Ili Z < z 3 0 z <U1 111.11 VIP0110R1 ...14 NOUNC•01 1•••••••r1 4.0 • ••• I 1••I ••• •••••..milns "Mae .ae• ••• um pew "mew.* .0 Awe I in.umens Nmsvuouns AUTMUUTind UNY IRUNOMV qN3N013A30 03NtOld I I . mrerowa14../.. • V. eon, was-, avow 1100S3M YIAS3NNIFI *NrYI3 OYO 1103S3* LLODSVA 40 3N0ISWY030 8 Wert (1- • w--- 7 • TA330 JO iti 1111 ad ANNUM Ane001 m.,:.11::TrtmT,7177 75:41my7.777. 1 I): 0 1 CO -4 0 1 b • . ' . 0A, ••-cr•-*-edr--6-4:fi • • • ***** ' " ' • ' " ' • —775'occ 3.80.9G.5FN 7 /I, 's!! w cc 0 9....V1/364.199•0‘..0-14,14,14VD•1-2.111,1 GIMPS ZVI., Jv4JJw71-wSw Cedarstone of Wescott PD Compliance Statement The Cedarstone of Wescott development plans propose a creative and efficient land use given the natural features of the project site and requirements of the community. It will result in low impact, secluded neighborhood friendly, environmentally sensitive project that protects the Neighbors' values and standard of living they are accustomed to. The Plan complies with the objectives and purpose of the City of Eagan Zoning Ordinance in that it allows for the creation of a Common Interest Community; provides economic advantage to residents of the planned community, preserves natural features and open space; provides roadway access to adjacent properties and is consistent with the permitted density of the Comprehensive Plan. Common Interest Community The plan proposes the creation of an Association to be responsible for the operation and maintenance of common facilities. It is proposed that the project be platted as a Common Interest Community (C.I.C) with residents owning only those areas associated with the immediate footprint of their respective living space. Creation and recording of the C.I.C. will occur after construction of individual buildings to assure proper placement of the common demising wall between units. Platting via the C.I.0 allows for greater creativity and sensitivity to environmental features such as the existing wetland area and significant trees species. Residential units can be placed in closer proximity to one another, thereby creating a greater sense of community and pedestrian, not vehicular, orientation. Impact to the projects perimeter is also reduced due to the reduction of internal setbacks from potential property lines and/or right-of-way should the project be platted in accordance with the requirements of the Zoning Ordinance for Residential Double. Economic Advantage Residents of Cedarstone of Wescott will be provided with an economic advantage due to the economy of scale of providing snow removal, lawn maintenance and general maintenance of the common spaces for the entire development. Land Owners will pay their pro rata share for maintenance, which is to be managed by the association and assessed to individual property owners. RECEIVED SEP - 7 2004 Preserves Natural Features The Cedarstone of Wescott project proposes to place a conservation easement over the entire area surrounding the central wetland area as it is an amenity to the project. The conservation easement will permit only specific uses within that area by members of the homeowners association and will prevent activities thought to be detrimental to its integrity. Signage will be posted near the areas perimeter to further protect it. All significant tree species to be preserved as part of the tree mitigation plan will be the responsibility the association to maintain and protect upon completion of the project. A representative of the Association will be available to work with City Staff should further tree removal of mitigation be required over the life of the project. Roadway Access The project proposes to provide access to the east and west adjacent properties for potential future development via granting of an access easement atop the proposed private drive. A private drive is proposed to run throughout the project site and access Wescott Road in the location of the current driveway apron as requested by City Staff. The access point will minimize disturbance of the existing vegetation adjacent to Wescott Road and maintain the natural buffer. A hammerhead turnaround is proposed near the north end of the site and is designed in accordance with the 2000 International Fire Code. An access easement is proposed over the entire length of the north/south drive adjacent to the west property for its potential future development. A private drive width of 24 feet is proposed for that area in anticipation of additional trips from the western property. The western property currently has access to Wescott Road via it current driveway apron. An access easement is proposed over the entire length of the east/west private drive adjacent to Wescott Road for future vehicular access to the east property. The private drive width in that area has also been increased to 24 feet to accommodate potential future development of that property. The eastern property currently has access to Wescott Road via it current driveway apron. Consistent with Permitted Densities The Cedarstone of Wescott project proposes to construct fourteen (14) residential units or seven (7) residential double buildings within a gross lot area of five (5) acres. The project area has a Comprehensive Land Use designation of Low Density (LD), which permits 0-4 units per acres. A density of 2.80 units per acre is proposed based on the gross lot area. The proposed density is consistent with thesurrounding properties and slightly less than those to the north. Summary The Cedarstone of Wescott project proposes to provide the City of Eagan with a creative and efficient land use that preserves the natural features of the property and provides economic advantage to residents of the planned community. Preservation of the wetland area will be provided via granting of a conservation easement and remaining open space maintained by the homeowners association. The requested density is consistent and well within the limits of the Comprehensive Land Use Plan and the requested zoning of Planned Development (PD) is consistent with the surrounding properties. Based on this information, the Cedarstone of Wescott project is in compliance with the Planned Development District section of the City of Eagan Zoning Ordinance and should be permitted to develop as such. /0 Cedarstone of Wescott Project Narrative General Description The Cedarstone at Wescott project proposes to rezone from Agricultural to Planned Development with an underlying application of R-2 zoning. The project proposes to construct fourteen (14) residential double homes within an area of approximately 5.0 acres. A private roadway will serve the development and access Wescott Road at the current curb cut. An access easement is to be granted to the adjacent land owners to the east and west for future access to the respective properties. A conservation easement is to be applied over an existing wetland area near the center of the site to guarantee the preservation of that area. The wetland area will not be impacted as a result of this project. Existing vegetation is to be preserved in accordance with the City of Eagan Tree Preservation Ordinance. Comprehensive Guide Plan designation (existing and proposed) The subject property currently has a Comp Plan designation of LD -Low Density (0-4 units/acre). The development plan proposes to construct 14 residential double housing units on approximately 5.0 acres, which results in a density of 2.8 units/acre. Therefore, the project complies with the existing land use designation and an amendment will not be required. Zoning classification (existing and proposed) The subject property is currently zoned A — Agricultural. The development plan proposes to rezone to PD -Planned Development due to multiple housing units located within a single parent parcel and adhere to an underlying R-2 (Residential Double) zoning for net buildable area analysis and setback criteria. What you want to do; timing/phasing The project proposes to commence with clearing and grubbing of the subject area upon City Council approval of the Preliminary plat and Development Agreement. An October start date would allow for the construction of footing and foundation systems prior to the onset of winter construction conditions. Construction of the units would be market driven, though would most likely be completed within 1-2 years due to anticipated demands. Existing land uses on subject property RECEIVED SEP - 1 2004 /03 The majority of the subject area is primarily undeveloped and heavily wooded. A type IV wetland area occupies the central portion of the project site and amounts to approximately 0.9 acres. Three smaller type I and II wetland areas are located near the southern end of the project site and amount to approximately 0.03 acres. A one-story walkout single family home is located near the southwest corner of the property and a pole barn is located immediately west of the larger wetland adjacent to the midsection of the west property line. A single driveway has access onto Wescott Road. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use plan indicates that the subject area is surrounded by LD -Low Density residential on all sides except for approximately 3-4 acres of QP- Quasi-Public/Institutional to the southwest in the southeast corner of the intersection of Lexington Avenue and Wescott Road. Review of the Zoning Map indicates the subject area is bordered by two 5 acre parcels both zoned Agricultural to the east and west. That entire area of approximately 15 acres, which is zoned Agricultural, is surrounded by PD- Planned Development to the north, south and east. A limited area of R -1 -Residential Single Family is located to the north and west. An area of approximately 3-4 acres is zoned PF -Public Facility to the southwest. What impact does the rezoning have on surrounding property and land uses? The proposed development plan will impact the adjacent properties in a manner typical of any property being converted from an undeveloped to developed state. City services currently serving the adjacent properties will not be adversely affected due to the projects limited scope, identical zoning and similar density. Review of the Zoning Map indicates that only 46.6 acres or 0.2% of the City of Eagan is zoned R-2 Residential Double. Therefore, the proposed development will offer another housing type not readily available in the City of Eagan. Home Owners wanting to remain in the City and relieve themselves of the responsibilities associated with maintaining a larger home will have an opportunity to do so. The rezoning to Planned Development will allow adjacent land owners and members of the community to input into the ultimate design of the project given the submittal requirements for a PD, which requires building elevations and floor plans. As such, the project will be able to address individuals concerns regarding building heights and screening of vehicular movements within the site. The subdivision submittal requirements for R-1 (Residential Single Family) and R-2 (Residential Double) do not require individual building information. What impact does the rezoning have on the subject property? Rezoning of the subject property to PD will allow for the construction of multiple two- family homes atop individual lots all located within a single parent parcel. The proposed zoning is identical to approximately 75% of the surrounding zoning and is therefore compatible. Rezoning to a Planned Development will allow for the creation of a Common Interest Community (C.I.C) Plat to be recorded with the County. An Association will have control of all common areas and be a point of contact for the City when resolving any potential issue such as wetland or tree preservation once the project is complete. The Association will also be responsible for lawn care, snow removal and general maintenance of the areas surrounding the stormwater management system. What impact does the rezoning have on City services, such as sewer, water, stormwater run-off and roads? Sanitary Sewer The proposed development will be served by an existing 8 inch diameter lateral sewer line which runs the length of the property and parallels the west property line. It is not anticipated that the 14 units proposed will exceed the available capacity of the existing system. This will be verified with City Staff prior to design of the sewer system. Water The proposed development will be served by an existing watermain located in Wescott Road. An 8 inch diameter line will be extended northerly into the subject area and provide for fire suppression and domestic services. It is not anticipated that the proposed 14 units will exceed the available capacity of the existing watermain and will be verified with City Staff prior to design of her the northerly lateral extension. Stormwater A drainage area of approximately 14.5 acres, including the subject property, outlets into Wescott Road via a 12 inch flared end located on the southwest comer of the project site. The drainage area can be further divided into three subcatchment areas, each draining to a respective low -point somewhere within its boundaries. Each low -point is routed via corrugated metal pipe towards the 12 inch flared end at Wescott Road. The existing system may be prone to temporary obstructions as it is dependent on three corrugated metal pipe connections, each having an inlet located in a wooded area and requiring overland discharge towards the outlet into Wescott Road. The current development plan proposes to route storm water captured in common drive areas to a pond located near the west side of the existing wetland. The pond will be designed in accordance with National Urban Runoff Program (NURP) design criteria. The pond will be connected to the 12 inch outlet pipe into Wescott Road and a 12 inch flared end will be provided to the land owner to the west. This system will reduce the potential for obstruction as the 12 inch flared end into Wescott Road will be removed and replaced with a direct underground connection. Therefore, drainage for the subject parcel and all area to the north and east should be improved as a result of this connection. Rezoning to a Planned Development will require that an association maintain the common areas. As such, one entity will be responsible for the maintenance of lawns and the associated costs. Research indicates that stormwater runoff from larger areas having a single entity responsible for lawn care generally reduces the concentration of pollutants when compared to areas managed by individual lot owners, given the financial impact of providing excessive lawn fertilizer applications. As such, contaminants such as nitrogen and phosphorous typically associated with lawn maintenance will most likely be reduced down stream from the project site. The current development plan proposes to design buildings to fit within the parameters defined by the sites natural features such as significant trees and wetlands. Furthermore, the project anticipates an "empty nest" target market, which generally prefers less lawn area and more vegetation for privacy. As such, the quantity of runoff should be equal to or less than the amount generated form a typical single family residential developments, which generally prefer larger open areas required for recreation. A preservation easement is currently proposed over the larger wetland area to protect its integrity and hydrologic/hydraulic benefits to the community. Traffic/Roads Review of the Trip Generation manual indicates that approximately 6 trips per day per unit can be anticipated for unit types similar to two-family homes. Therefore, approximately 84 trips per day (42 in /42 out) is anticipated for the current development plan of 14 two-family housing units. This is an increase of approximately 4 trips per day (2 in/2 out) or an additional 5% when compared to an 8 unit single family development, which produces 10 trips per day per unit. Due to the projects proposed access onto Wescott Road near Lexington Avenue and the minor increase in the percentage of trips beyond single family residential, the project should not adversely affect traffic. Does the requested land use proposed by the rezoning result in a better use of the land? Explain. The requested land use proposed by the rezoning is compatible with the surrounding properties and in compliance with the Comprehensive Land Use Plan. The requested zoning of Planned Development will result in better use of the land as an Association will be responsible for maintenance of all common areas via creation of a Common Interest Community (C.I.C) Plat to be recorded with the County. The Association will have control of all common areas and be a point of contact for the City when resolving any potential issue such as tree preservation and stormwater management once the project is complete. The integrity of the existing wetland will also be maintained via dedication of a preservation easement and ongoing observations by Association members. The approval process required for the requested zoning will allow adjacent property owners and residents of the community to input into the design of the project. The project will provide residents of the community wanting to remain in the City with an alternate housing type not readily available in the Community. City services will not be adversely affected. The quality and quantity of stormwater runoff may be improved when compared to a typical single family development due to the reduction in sodded areas and the Associations maintenance of common areas. Rezoning to the requested Planned Development with an underlying R-2 zoning will result in low impact, secluded neighborhood friendly, environmentally sensitive project that protects the Neighbors' values and standard of living they are accustomed to. Larkin Hoffman ATTORNEYS October 28, 2004 Mr. Michael Ridley Ms. Sheila Cartney City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Cedarstone of Wescott Planned Development Dear Mike and Sheila: Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 GEHHERAL: 952-835-3800 FAX: 952-896-3333 WE 3: www.larkinhoffman.com 4 Our firm represents Cedarstone Development Company ("CDC") in connection with its proposed residential planned development at 1055 Wescott Road, Eagan, Minnesota ("the Site"). CDC is proposing a 14 -unit townhome development on a 5 -acre parcel, purchased for this project. CDC is proposing single -story townhomes that vary with walk -outs, look -outs or slab on grade construction. Some units facing to Wescott Road may include story and a half or two story designs at the request of the home buyer. The proposed development is consistent with the Low Density residential guiding for the Site in the City's Comprehensive Plan; the proposed R-2/PD rezoning would, likewise, be consistent with the LD Comp Plan designation. Project Description and Amendment As originally filed, CDC proposed a private roadway through its development, with public access to Wescott Road. During the public proceedings before the City Council and Planning Commission, it became clear that some would prefer a public street connection within the development, linking the properties to the east and west of the Site. This plan change would ensure that the easterly and westerly properties will have direct access to a public street, albeit via the Site, potentially in lieu of direct access to Wescott Road. CDC is submitting a modified Site Plan reflecting a change to accommodate the City's interest in managing access along Wescott Road. The Plan shows a 50 -foot public right-of-way along the southern frontage of the Site, parallel to Wescott, with a 28 -foot roadbed. This public segment would be designed to allow for a connection from properties situated to the east or west at the discretion of the City. The planned access road would retain its private status, as originally proposed, at the point where it turns north into the Site. As part of its PD application, and in view of the change to the designation of the road segment along with south edge of the Site, Cedarstone is still requesting that it be allowed a 20 -foot setback from the new public street; this would be acceptable had the street retained its private Mr. Michael Ridley October 28, 2004 Page 2 designation. This change will allow Cedarstone to preserve more trees on the Site. In addition, the residential buildings will continue to be setback approximately 100 feet from Wescott Road. The balance of the Site Plan north of the new public road segment remains unchanged, as reviewed by the Planning Commission. Planned Development Justification The City Code enumerates PD standards applicable to the proposed townhome development at the Site. 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. CDC's Site Plan seeks to preserve natural features within the Site by: • fitting proposed building pads into areas that allow for preservation of significant trees; • using a private road system to minimize impervious surface and run-off; and • imposing a conservation easement over the wetland complex and using association management to ensure protection of the Site. CDC is not proposing to fill wetlands (some minor areas are being filled) and is in compliance with the City's Tree Preservation Ordinance. If CDC were to pursue straight rezoning of the Site the association management and conservation easement provisions would not be required. CDC is proposing a modification to its Site Plan to assist the City in resolving access issues for property outside of CDC's control; the PD allows the developer to accommodate the City's request for a public street along the Site's south edge to establish access rights for adjacent properties, while also giving CDC the right to request some setback relief. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. The proposed Planned Development will allow for the preservation of natural features on the Site, supplemented by association management restrictions and a conservation easement over the wetland. No individual property owner will be able to alter the protected areas. In addition, this approach will maximize opportunities for managing impacts of the development for the adjacent residential neighborhood. Staggered building orientation along the north edge will vary the setback to adjacent residents, maximize the physical setback between buildings and avoid a "wall effect" typical with standard zoning. 3. Encouraging a more creative and efficient approach to the use of the land. /d Mr. Michael Ridley October 28, 2004 Page 3 CDC's modified Site Plan is based on its desire to accommodate the City's access control objectives for adjacent properties, while also preserving the opportunity to provide an attractive and much-needed housing product for the City. There currently is a modest quantity of townhome product in the City at a time when the demographics favoring this type of product is growing rapidly. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. CDC's Site Plan places a priority on preserving natural Site features, balanced against the economic realities of Site development. Tree preservation on the Site is within the City's Code standard. CDC is protecting the wetland area through a conservation easement, backed -up by association management limitations to restrict unilateral Site alterations. Individual building pads are being placed with a conscious desire to fit the existing topography. The City's Parks Commission recommended approval of the project. 5. Encouraging a development pattern that is consistent with the land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. The proposed CDC development is compatible with the City's Comprehensive Plan LD guiding, and surrounding residential uses. Proposed unit density of 2.8 un/ac (gross density) and 3.6 un/ac (net density) is likewise compatible with the 0-4 un/ac standard in the City's Comp Plan. CDC's willingness to include public street segment allows the City, in turn, to address adjacent property access issues. The dedicated public street segment will be constructed in accordance with City standards. We appreciate the opportunity to provide this supplemental information to the City in connection with the ongoing review of the CDC project. Please call me if you have any questions. Peter J. Coyle, for Larkin Hoffman Daly & Lindgren Ltd. Direct Dial: (952) 896-3214 Direct Fax: (952) 896-3265 Email: pcoyle@larkinhoffman.com cc: Cletis Levisay Patrick Plautz Chuck Levin Clark Wicklund 973072.1 //D EXISTING 20SANITARY SEWER EASEMENT 5' SIDE SETBACK ALLOWABLE AT A GARAGE — WETLAND BUFFER ZONE REQUIRED SETBACKS FOR R2 • FRONT ON PRIVATE DEAD END ROAD: 20 FEET FROM FACE OF CURB • FRONT ON PUBLIC ROAD: 30 FEET FROM R -O -W • SIDE : 10 FEET • REAR: 15 FEET REQUIRED ROAD WIDTHS • PUBLIC: 28 FEET WITHIN 50 R -0-W • PRIVATE: 20 FEET SERVING 5-8 UNITS 24 FEET SERVING 9-20 UMTS GENERAL NOTES: • AREA SHOWN IN GREY IS HOW ROAD IS DRAWN ON SUBMITTAL DOCUMENTS • BUILDING OUTLINE SHOWN DASHED IS HOW BUILDINGS ARE DRAWN ON SUBMITTAL DOCUMENTS SEE LETTER FROM PETER COYLE OF LAMM HOFFMAN TO RIDLEY AND CARTNEY DATED 10/28/04 FOR ADDITIONAL INFORMATION —30' WETLAND BUFFER IN THIS AREA 0 cA CA WESCOTT ROAD 0.0,0042.%f CEDARSTONE OF WESCOTT CEDARSTONE DEVELOPMENT PATRICK PLAUTZ V. CLETIS LEVISAYII CHARLES LEVIN ARCHITECTS ALLIANT ENGINEERING, INC. /// 0 30 60 90 10.28.04 (6) NORTH Agenda Information Memo November 4, 2004, Eagan City Council Meeting B. REZONING — ROBERT MCDONALD ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Rezoning of five acres from Agriculture to R-1, Single family residential district for property located at 1085 Wescott Road. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • At the October 19, 2004 City Council meeting the applicant requested to continue this item until the November 4, 2004 meeting. • No development is proposed at this time. • The property is surrounded by vacant land and single family detached uses. • The property to the east is currently requesting a rezoning from Agriculture to Planned Development to allow twin homes. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE • November 4, 2004 based on applicant's request to continue ATTACHMENTS (2): April 27, 2004 Advisory Planning Commission /3 sion Minutes page(s) % Planning Staff Report pages //through ! City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 4 B. REZONING — ROBERT F. MCDONALD A Rezoning of approximately five acres from A, Agriculture to R-1, Single Family Residential, located at 1085 Wescott Road in the SW ' of Section 14. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 14, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated her comments for the previous item should also be considered for this item. She stated she is in favor of approval of this proposal because it fits the area. Member Hansen moved, Member Bendt seconded a motion to recommend approval of a Rezoning of approximately five acres from A, Agriculture to R-1, Single Family Residential, located at 1085 Wescott Road in the SW 1/4 of Section 14.. All voted in favor. Motion carried 4-0. 113 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2004 APPLICANT: Robert McDonald PROPERTY OWNER: Same REQUEST: Rezoning LOCATION: 1085 Wescott Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture CASE: 14-RZ-02-03-04 HEARING DATE: April 27, 2004 APPLICATION DATE: March 17, 2004 PREPARED BY: Sheila Cartney SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from Agriculture to R-1, Single Family Residential for five acres located at 1085 Wescott Road in the SW 1/4 of Section 14. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or 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. BACKGROUND/HISTORY The property is not platted. Planning Report — Rezoning McDonald April 27, 2004 Page 2 EXISTING CONDITIONS The site is heavily wooded, a single family home exists. Access is via Wescott Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: *The property to the east of the subject site is also requesting approval of a rezoning, the request is to rezone to Planned Development with anticipation of developing twin homes. EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is currently surrounded with residential uses. Properties to the North, South and west are fully developed. The properties to the east are zoned Agriculture and have potential to be developed further. Rezoning the subject property to R-1, Single Family Residential allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0-4u/a). R-1 zoning is compatible with this land use designation. Single family uses appear compatible with the surrounding area. Development is not proposed at this time. SUMMARY/CONCLUSION The applicant is requesting to rezone the subject property from Agriculture to R-1, Single Family Residential. The property is currently zoned Agriculture. Rezoning to R-1 could allow for future residential development of the subject site. The subject site is guided LD, Low Density residential (0-4u/a) R-1 zoning is compatible with the land use designation. A site plan was not provided with the application and development is not proposed at this time. Existing Use Zoning Land Use Designation North Single family residential R-1, Single family residential LD, Low Density residential 0-4 u/a South Single family residential PD, Planned Development LD, Low Density residential 0-4 u/a East* Single family residential A, Agriculture LD, Low Density residential 0-4 u/a West Single family residential R-1, Single family residential LD, Low Density residential 0-4 u/a *The property to the east of the subject site is also requesting approval of a rezoning, the request is to rezone to Planned Development with anticipation of developing twin homes. EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is currently surrounded with residential uses. Properties to the North, South and west are fully developed. The properties to the east are zoned Agriculture and have potential to be developed further. Rezoning the subject property to R-1, Single Family Residential allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0-4u/a). R-1 zoning is compatible with this land use designation. Single family uses appear compatible with the surrounding area. Development is not proposed at this time. SUMMARY/CONCLUSION The applicant is requesting to rezone the subject property from Agriculture to R-1, Single Family Residential. The property is currently zoned Agriculture. Rezoning to R-1 could allow for future residential development of the subject site. The subject site is guided LD, Low Density residential (0-4u/a) R-1 zoning is compatible with the land use designation. A site plan was not provided with the application and development is not proposed at this time. Planning Report — Rezoning McDonald April 27, 2004 Page 3 ACTION TO BE CONSIDERED To approve a Rezoning from Agriculture to R-1, single family residential for property located at 1085 Wescott Road. • What impact does the rezoning have on surrounding property and land uses? NONE • What impact does the rezoning have on the subject property? NONE • What impact does the rezoning have on City services, such as sewer, water, stormwater run-off and roads? NONE • Does the requested land use proposed by the rezoning result in a better use of the land? The results of the rezoning has no impact on the land as it is currently a single family home and is surrounded on all four sides by single family residential. • Comprehensive Guide Plan designation: LD — Low Density • Zoning classification — Existing: A - Agriculture Proposed: R-1 Residential Single Family • What do you want to do; Change the zoning on my property from (A) Agriculture to (R-1) Single Family Residential • Existing land uses on subject property — Single Family Residential • Surrounding land uses and zoning within 660 feet: R-1 Single Family Residential A — Agriculture, PD — Planned Development, PF — Public Facility (church) I► Location Map ,,,ao relewp- 0 Q*4. I#eteffaalt,i.. ,,_ „ tit 11 v4, DO OOOOO IV Shit 1 ®:1 ®pa f3 Earriewis it -4m grAikr, oil }, oks,sti two 4fla ® ill slikr.a�� ®®� ash, ®fit Lam ill ow 4,1 . Ats 0 ;\ 4 y. (111,1116 to towstENs ®m® YC, a a MIS a 06d A Et' Era t�J I��" ® w. e& rrladrtiOW �a 7 q; gc lel IPA rks 4/14 to tA s� ...a ei., �#4,,, , ®� �� Subject Site fvf-dvp� 4� Qg® �r�rIii�ii `,�`�\\o �dE®®®� o -mil ® M 119 109 ay 0NJ 4 CI MIP �1 112 '�!� �try�rpoo �Pf e�e���®®��;ill smaz mj; D a iVICI Al 5a 411"115%1A041111_, il kW . mew. wii* tip ciazzasoutto 44>0444,4"-• 4. 4.94.1 MEM> 4.›.4t, 4,1444 Vt4 i8i*4it'r inziamarazz&si . � gliw P4s7 �orews*Li ID 01 � ® w 1 1' Eagan Boundary Street Centerline Parcel Area Building Footprint 4,1 o uY' � 4111,-)fr . , ipti�SS ��Q 40,2 V44v 1141. 111,444:41 Pet ®vlSt rte® IIINP NEI NEA 10, ©- dlQld l6 0 aim 1000 0 1000 a®® 2000 Feet Development/Developer: Robert McDonald Application: Rezoning Case No.: 14-RZ-02-03-04 city of eagan Community Development Department Map Prepared using ERSI ArcView 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 1 Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: A Agriculture 600 600 1200 Feet Robert McDonald Case No. 14-RZ-02-03-04 i.\07—\121 r;1 \b 11 men VII Iirr, A PD 11111 h11'il A I PF\i111I.1■.��: hhhIi7 WWI UFJ-! i MIE 'Pie llowi Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density Residential (0-4 units/acre) 600 600 1200 Foot City of Eagan Community Development Department LD D 11111 ICU tu OPAIM �I11111h1■Iuim IP rall lit AM fii irLP-qii.ii: NM IIIIII -- MI M. 9 Parcel bade map information • vid eta County Land Survey Departmelt June 2003. Zoning information maintained bytity State 2-1 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. N WE Agenda Information Memo November 4, 2004, Eagan City Council VII. NEW BUSINESS A. CANVASS OF BALLOTS — NOVEMBER 2, 2004 MUNICIPAL ELECTION ACTION TO BE CONSIDERED: To certify the results of the November 2, 2004 Municipal Election. FACTS: • 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. ATTACHMENTS: • Election results will be distributed at the meeting on Thursday. gad Agenda Memo November 4, 2004 City Council meeting NEW BUSINESS: B. APPOINTMENT OF NEW ECONOMIC DEVELOPMENT COMMISSION MEMBER DIRECTION TO BE CONSIDERED: To appoint a new member to the Economic Development Commission to fill the vacancy that exists due to a recent resignation. BACKGROUND: • Per the City of Eagan Commission Appointment Policy, the vacancy on the Economic Development commission (EDC) is to be filled by a person that applied for a position on the Commission, but was not originally appointed to a Commission during the appointment process that took place in April 2004. • There were eight applicants that sought appointment to the EDC in April of 2004 who were not appointed at that time. • Per the Policy, City staff contacted the eight applicants to inquire as to whether they remain interested in serving on the EDC. • Of the eight applicants contacted, five of the applicants voiced their interest in serving on the EDC — Leslie Bromley, Alice Worthington, Timothy Cullers, Jack Prentice and Jeffrey Ellis. • It should be noted that Jack Prentice was unable to attend his scheduled advisory commission appointment interview. • The Council is asked to consider the five applicants for appointment to the EDC. • Per the City's policy, the Council shall vote on an applicant to be appointed via individual ballots. • The ballot will be distributed in advance of the vote on November 4 to appoint the new EDC member. ATTACHMENTS: • Attached without page number are the applications of the five candidates who have voiced their interest in being appointed to the EDC. /ai Agenda Information Memo November 4, 2004, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT FOR KNOB HILL PROFESSINAL OFFICE ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) 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 conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL > Majority of Council Members present FACTS: > The subject site is currently two tax parcels, one of which contains a single office building with multiple tenants and parking and the vacant lot contains a parking lot that also supports the office building. ➢ The applicant is proposing to combine Lot 1 and 2, Block 2, Knob Hill Professional Park into one lot. > The proposal includes updating the office buildings with exterior improvements, adding a green area on the west side of the building and a new monument sign in the southeast corner of the site. The lot combination is necessary to accommodate required parking. > The proposed exterior materials consist of a colonnade of stone (or cultured stone) and replacing the blue sign band with a more neutral signage band. A new canopy at the entrance is also proposed. ➢ The Advisory Planning Commission held a public hearing on September 28, 2004 and is recommending approval of the PD Amendment, subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • November 13, 2004 ATTACHMENTS (2): Draft APC Minutes on Page Planning Staff Report pages/y through. / a2 City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 2 V. PUBLIC HEARINGS A. Professional Office Properties, LLC Applicant Name: Professional Office Properties, LLC Location: 4178 Knob Drive, in the SE 1/4 of Section 21 Application: Planned Development Amendment A Planned Development Amendment to modify the existing building and signage and a replat to combine two lots. File Number: 21 -PA -25-09-04 Planner Cartney introduced this item and highlighted the info ation presented in the City Staff report dated October 15, 2004. She noted the b.. Kao d and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl cl "d the public hearing an.. : ed the discussion back to the Commission. Chair Heyl stated the proposed upgrading and maintenance will be positive for the property. Member Leeder moved, Member Bendttec Planned Development Amendment to combine two lots into one eIace a drive monument sign for Knapb" a tonal Offic following conditions motion to:recommend approval of a e (the existing office building, e ith g - ' pace and add a new Located at : 178 Knob Drive subject to the 1. A Planned Develop °e � endtment Agreement shall be executed and recorded. 2. A revised lands planes ` I be submitted prior to writing the Planned Development Amen ent ment. 3. The rn ment sign s . comp y with City Code Sign Ordinance requirements. Any other fre standing signa • e shall be removed. 4. The newtrash enclosure shall be attached to and match the materials of the principal barn 5. A lot combination shall be executed and recorded prior to any building permits being issued. All voted in favor. Motion carried 7-0. /a3 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 26, 2004(REVISED) CASE: 21 -PA -25-09-04 APPLICANT: Professional Office Properties LLC HEARING DATE: October 26, 2004 PROPERTY OWNER: Same APPLICATION DATE: REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 4178 Knob Drive COMPREHENSIVE PLAN: O/S, Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of 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. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or 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 Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject site is platted as Knob Hill Professional Park and was originally part of Knob Hill Planned Development. The Knob Hill Planned Development includes residential and commercial uses. The commercial uses were not specified and there is no a planned development agreement for Knob Hill Professional Park. /a � Planning Report — Knob Hill October 26, 2004 Page 2 EXISTING CONDITIONS The subject site is currently two tax parcels, one of which contains a single office building with multiple tenants and parking and the vacant lot contains a parking lot that also supports the office building. The vacant lot has access from Knob Road and the other lot has access from Knob Drive and from the vacant lot. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing to combine Lot 1 and 2, Block 2, Knob Hill Professional Park into one lot. The proposal includes updating the office buildings with exterior improvements, adding a green area on the west side of the building and a new monument sign. The lot combination is necessary to accommodate required parking. Parking - The code requires at least three parking spaces for each staff doctor or one space for each 150 square feet of gross floor area, which ever is greater. When calculating parking 80% of the building area is used (5,862 square feet) which requires 39 parking spaces, 31 spaces are provided on-site. There are 24 stalls on Lot 1 to the southwest, once combined the overall parking will be 55 spaces. Exterior Materials — The existing building materials are an older looking dark brick material with a blue metal panel signage band around the building. There are also skylights in the front on the pitched roof. Existing Use Zoning Land Use Designation North Vacant Planned Development Office Service East Commercial Retail Neighborhood Business Retail Commercial Southwest Vacant Planned Development Office Service West Single family residential Planned Development Low Density Residential EVALUATION OF REQUEST Proposal — The applicant is proposing to combine Lot 1 and 2, Block 2, Knob Hill Professional Park into one lot. The proposal includes updating the office buildings with exterior improvements, adding a green area on the west side of the building and a new monument sign. The lot combination is necessary to accommodate required parking. Parking - The code requires at least three parking spaces for each staff doctor or one space for each 150 square feet of gross floor area, which ever is greater. When calculating parking 80% of the building area is used (5,862 square feet) which requires 39 parking spaces, 31 spaces are provided on-site. There are 24 stalls on Lot 1 to the southwest, once combined the overall parking will be 55 spaces. Exterior Materials — The existing building materials are an older looking dark brick material with a blue metal panel signage band around the building. There are also skylights in the front on the pitched roof. Planning Report — Knob Hill October 26, 2004 Page 3 The proposed exterior materials consist of a colonnade of stone (or cultured stone) and replacing the blue sign band with a more neutral signage band. A new canopy at the entrance is also proposed. The canopy includes a vertical element that is taller than the existing building. The skylight pitched roof portion at the south will be renewed. Signage — A new monument sign is proposed for the southeast corner of the site and will meet City Code requirements. The site is limited to one free standing ground sign; any other ground sign should be removed when the new sign is installed. The monument sign is limited to seven feet in height, with four -foot maximum height of sign area. The proposed sign will have tenant names and finish materials will match the building. Trash Enclosure — The existing trash enclosure is proposed to be replaced. The new trash enclosure should be attached and constructed with similar materials as the principal building. Landscaping — Based on the submitted Site Plan, the existing landscaping could be improved. Staff suggests the applicant provide a revised Landscape Plan prior to writing the Planned Development Amendment Agreement. Parking lot screening should be improved upon. SUMMARY/CONCLUSION The applicant is requesting 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. The applicant proposes to update the building facade by adding a colonnade of stone (or cultured stone) removing the blue sign band and replacing with a more neutral signage band, and a new canopy. The canopy will provide architectural relief to the building. A new monument sign is also proposed. In order to accommodate the parking requirements the applicant is combining the lot to the west with the subject lot. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment 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. If approved the following conditions shall apply: 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. 426 Planning Report — Knob Hill October 26, 2004 Page 4 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. •1I d • 411k Oid 114 0 Location Map. *Ort Revs 49A3 irPZ ABUe 0Iadi00dfot3 121 *ow, coot 11`71' Ar4 LI at egii 0 mum Mem mum mum icarw It 41 O lam kijcn .arm\ _Jim. F -u VALIVIM t r Lst «rkordeo yr„*. II 0 Sub'ec DP- Eagan Boundary JStreet Centerline Parcel Area Building Footprint Cs Ca CJ ' II NEI C r" 4L■ „...4 "T ®u awe: ;If*. �x. s• p i ti 8 I03 gimaou `t, m Ekiai I> d n t Site FF beig pin 7� D 0u .�vs* is �o-'' i Ism r"▪ Evigropimm Ao. • �iRvp ripi:--,-..-1--- I'll °Ed Q ®• ��v �, ate; gee LMO ill o tA0 4.'47, � PT ,s,3. 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Parcel base map data provided by Dakota County Office of GIS and Is current as of January 2004. 1000 THIS MAP 15 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 W4 E S ' Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: PD Planned Development 000 000 1200 F..t Knob Professional Office Case No. 21 -PA -25-09-04 A P P i� r Ak I 17-1 A PF FL2 ICIE r 1 MOM II =No Comprehensive Guide Plan Land Use Map Current Land Use Designation: O/S Office Service 000 . 000 1200 F..t City of Eagan Community Development Department Face) bas. map 1P911 111111111111111111 e Muriffilketi city Dakota County Land Surrey D.partm.rt Ju.. 2003. Mormation maintained byCity Stag THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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EJ G J0a©L , J.jJ SCALE =•N'O RT LT /_3 1 Mel 900 l011d DIFFLEY ROAD 11 Proposed Exterior Improvements 4178 Knob Drive michael huber architects 09.14.04 EAST ELEVATION Eagan Minnesota 4178 Knob Drive Proposed Elevations CAST STONE CAP w C, U L/, ww LJ 1- 2 w LLJ U .n SOUTH ELEVATION z -- � /35' |3 L__ - EXISTING BRICK WEST ELEVATION Eagan Minnesota 4178 Knob Drive Proposed Elevations 0 CV Co - NWI �o-,t ii_=-111. / A/// /,](,/11//// El I Eagan Minnesota 4178 Knob Drive huber architects MEMO ¢i.rdr proJecb1D4.O5 t awn DentonCoireapondonce emmenamenbmo090 204rM-amendment reeponeadoc 351 Highview Road Hudson WI 54016 651. 442. 3771 Project: 4178 Knob Drive To: City of Eagan From: Michael Huber, AIA OW— Subject: Planned Development Amendment Date: 10 September 2004 Below is a narrative responding to questions on the amendment submittal checklist: 1. What you want to do; timing/phasing. • The existing facility is in need of a maintenance and aesthetic update. The need for a new roof and some window repair led to the desire to improve the overall exterior appearance. The proposed exterior modifications include: -New metal panels to cover the worn out blue -glazed concrete block at the upper portion of the building. New, unified signage will replace the existing. -We created a colonnade of stone (or cultured stone) to rejuvenate the facade and tie into residential building materials. -A new canopy highlights the entry and not only provides protection but creates a vertical element that breaks the 'boxyness' of the existing building. The sight pitched roof portion at the south will be replaced to match the existing building. The skylights have been a maintenance issue over the years. -A new monument sign meeting the City requirements will be added to the southeast corner of property. -The existing trash enclosure will get rebuilt. The existing exterior building lighting will be replaced and meet City requirements. -The desired schedule is to commence work as soon as possible after City approval with completion in early spring of 2005 depending on weather conditions. 2. Existing land uses on subject property. ■ Dental facility currently housing four tenant spaces. This will remain. 3. Surrounding land uses and zoning within 660 feet • North- (PD) • West- (PD & R1) • South- (R1) • East- (NB & PF) 4. What impact does the planned development amendment have on surrounding property and land uses? ■ None, other then an enhanced subject property. 5. What impact does the planned development amendment have on subject property? /3? 1-47-5 RPC E IVFD SEP 1 4 2Q04 Page 2 of 2 10 September, 2004 City of Eagan 351 Highview Road Hudson WI 54016 651 . 442 . 3771 ■ Enhanced appearance, sheltered entry and maintenance updates. 6. What impact does the planned development amendment have on City services such as sewer, water, storm water run-off and roads? • No change. 1. Does the requested land use proposed by the amendment result in a better use of the land? Explain. ■ We feel the building improvements and the updated appearance maintain the vitality of the businesses it houses thus keeping the property an essential part of the City's business fabric. xc: John WoeII, file /3r ib Agenda Information Memo November 4, 2004 Eagan City Council D. PRELIMINARY SUBDIVISION (BLUE RIDGE 6TH ADDITION) — CSM CORPORATION ACTION TO BE CONSIDERED: 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 5th Addition), for the sole purpose of approving the subdivision of the Property into two lots. To approve (OR to direct preparation of findings for denial) a Preliminary Subdivision to create two lots on 20.4 acres, located at 2955 Lone Oak Drive in the SW'/4 of Section 1, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of quorum. 120 -DAY STATUS: The deadline is January 14, 2005. FACTS: • The property was platted in 2003 and a +1-45,000 sq. ft. office/showroom building has been constructed on the northerly portion of the site. • The proposed subdivision would create two separate lots for the existing building and the vacant portion of the property. • The central portion of the site contains a substantial wetland area. • With the initial phase, the entire 20.4 -acre site was graded and prepared for development. Ponding and tree preservation also encompassed the entire site with the initial phase. • No new development is proposed at this time. • The Dakota County Plat Commission has recommended a public street connection through the property from Lone Oak Drive to the west boundary of the site. The APC did not support that recommendation. • The Advisory Planning Commission held a public hearing on October 28, 2003, and did recommend approval, subject to the conditions in the APC minutes. ISSUES: • The property is located within the Northeast Study area and therefore, the development moratorium applies. • On October 5, 2004, the City Council authorized acceptance of the application so it may proceed through the public hearing and review process. • In order to take action on the preliminary subdivision request, the moratorium must be removed from this property. It is recommended that the Council then reestablish the moratorium on the property once action is taken on the preliminary subdivision request. ATTACHMENTS (2): October 26, 2004, Draft APC Minute ages ! (i46 Staff Report, pages / 9/ through /5 7 /39 City of Eagan Advisory Planning Commission Meeting Minutes October 26, 2004 Page 3 B. Blue Ridge Sixth Addition Applicant Name: CSM Properties, Inc. Location: 2955 Lone Oak Drive, in the SW 1/4 of Section 01 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 20.4 acres to create two lots. File Number: 01 -PS -20-09-04 Planner Dudziak introduced this item and highlighted the informs io presented in the City Staff report dated October 21, 2004. She noted the backgroundand history. Applicant Dave Wisnewski addressed the County's request regaling access to the site. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing an discussion back to the Commission. Member Chavez stated he would not: impose the condi site. Member Hansen moved, Member Chavz secoi of a Preliminary Subdivision to create t10 loth-` Oak Drive in the SW% o - eGt'on 1 subject o fl regarding the access to the a motio'ffi o recommend approval acres, located at 2955 Lone conditions: 1. The developer adopted by Council ith these standards conditions of plat approval as 2, 1993: Al, B1, B3, B4, Cl, C2, C4, D1 and El PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 2004 APPLICANT: CSM Corporation PROPERTY OWNER: CSM Corporation REQUEST: Preliminary Subdivision LOCATION: 2955 Lone Oak Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development CASE: 01 -PS -20-09-04 HEARING DATE: October 26, 2004 APPLICATION DATE: September 15, 2004 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST CSM Corporation is requesting approval of a Preliminary Subdivision to create two lots on 20.4 acres, located at 2955 Lone Oak Drive in the SW'/4 of Section 1. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the_CouncilshalLbe guideed by__criteria,including_thefollowing} i a_pproving,_denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. Planning Report — Blue Ridge 6th Addition (CSM Corp.) October 26, 2004 Page 2 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 This site was platted in 2003 and a +/-45,000 sq. ft. building was constructed on the northwest portion of the property. The development plans for the initial building encompassed the entire site and identified two additional buildings for future construction. The applicant is proposing to subdivide the site into two lots to create separate parcels for the existing building and the vacant portion of the property. No new development is proposed at this time. The property is located within the Northeast Study Area and a development moratorium applies to the property. The applicant requested an exemption from the moratorium and on October 5, 2004, the City Council authorized acceptance of the application for preliminary subdivision so that it may proceed through the review and public hearing process. iia Planning Report — Blue Ridge 6th Addition (CSM Corp.) October 26, 2004 Page 3 EXISTING CONDITIONS The property is guided SA, Special Area and is designated for office use in the Special Area Plan that includes this property. The property is currently zoned PD, Planned Development, and is generally considered similar to the BP, Business Park, zoning district. The central portion of the site contains a substantial wetland area, and one +/- 45,000 sq. ft. building has already been constructed on north of the wetland. The entire site was graded and prepared for development with the initial phase. Accordingly, storm and water quality ponding as well as tree preservation and mitigation encompassed the entire 20.4 acre site with the initial phase. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — There is no development associated with the proposal at this time, and no changes proposed to the comprehensive guide plan or zoning of the property. The subdivision of the land would separate the vacant portion of the site from the portion containing the existing building. The proposed lots are of sufficient size to accommodate setbacks and yard requirements for the existing building, and to allow future Business Park development on the vacant portion. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. While no new development is proposed at this time, office and office/showroom development is considered to be consistent with Noise Policy Zone 4. /93 Existing Use Zoning Land Use Designation North Vacant PD, Planned Development SA, Special Area (O/S, Office/Service) South Residential (rural) A, Agriculture SA, Special Area (NB, Neighborhood Business) East Office (Ecolab) PD, Planned Development SA, Special Area (O/S, Office/Service) West Vacant and Office A, Agriculture and PD, Planned Development SA, Special Area (RC, Retail Commercial & BP, Business Park) EVALUATION OF REQUEST Compatibility with Surrounding Area — There is no development associated with the proposal at this time, and no changes proposed to the comprehensive guide plan or zoning of the property. The subdivision of the land would separate the vacant portion of the site from the portion containing the existing building. The proposed lots are of sufficient size to accommodate setbacks and yard requirements for the existing building, and to allow future Business Park development on the vacant portion. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. While no new development is proposed at this time, office and office/showroom development is considered to be consistent with Noise Policy Zone 4. /93 Planning Report — Blue Ridge 6th Addition (CSM Corp.) October 26, 2004 Page 4 Lots and Density — Lot 1 is proposed to be 7.53 acres in area and contains an existing 45,000 sq. ft. building. Lot 2 is proposed to be 12.88 acres in area and is vacant. The concept plan for future development, attached as an exhibit, shows two buildings on proposed Lot 2. Landscaping — The developer submitted the landscape plan for the existing building. Future development will need a landscape plan as part of the Final Planned Development. Grading — Grading for the entire site was completed with development of the existing building on Lot 1. Storm Drainage — The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via public storm sewer to the existing storm water pond constructed with the first phase of development on Lot 1. This storm pond flows to an existing wetland in southwest corner of the site, which then discharges to Pond CP -7 (as identified in the City Storm Water Management Plan — 1990) west of the property. Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main stubs of sufficient size, depth, and capacity are available within Lone Oak Drive for each proposed building. Streets/ Access/ Circulation — Public street access is available from Lone Oak Drive along the east edge of the property, and is proposed at two locations: one from the existing access to Lot 1, and the other from a new driveway access to Lot 2. In their review of the preliminary plat, the Dakota County Plat Commission recommended an internal public street connection for future development of the adjacent property on the west (Parcel 060-55) to Lone Oak Drive on the east, to potentially reduce the number of vehicle trips on County roads. Easements/ Permits/ Right -of -Way — Adequate public right-of-way along Lone Oak Road was dedicated with the existing plat of the property, and will be maintained with this subdivision. Wetlands/Water Quality — No impacts to the existing wetland are proposed. Tree Preservation — A Tree Preservation and Mitigation Plan was submitted with the building permit for the existing building in 2003. It was reviewed and approved by the City Forester. Some of the replacement trees were planted with the initial development. The remaining replacement trees will be installed with future development phases. Parks and Recreation — Park and trail dedication fees were paid in 2003 with the building permit for the existing building. Since the property was a single parcel at that time, the amount was based on the full 20.4 acres. Planning Report — Blue Ridge 6th Addition (CSM Corp.) October 26, 2004 Page 5 There is no development associated with this subdivision at this time. Future phases will need to go through Final Planned Development approval and execute a Final Planned Development Agreement. Uses and bulk standards are generally consistent with the BP, Business Park zoning district. All signage must comply with City Sign Code standards. Architectural material should be similar to and compatible with those utilized on the existing building. SUMMARY/CONCLUSION CSM Corporation is requesting approval of a Preliminary Subdivision to create two lots on 20.4 acres, located at 2955 Lone Oak Drive in the SW1 of Section 1. The applicant is proposing to subdivide the site into two lots to create separate parcels for the developed and vacant portions of the property. No new development is proposed at this time. The property is located within the moratorium area for the Northeast Study. On October 5, 2004, the City Council authorized acceptance of the application so it may proceed through the public hearing and review process. The Dakota County Plat Commission has recommended an internal public street connection for of the adjacent property on the west (Parcel 060-55) to Lone Oak Drive on the east. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots on 20.4 acres, located at 2955 Lone Oak Drive in the SW%a of Section 1. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, B4, Cl, C2, C4, D1 and El 2. The property shall be platted. FINANCIAL OBLIGATION -Blue Ridge 6th -Preliminary Subdivision There are pay-off balances of special assessments totaling $-0- on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral C/I $31.30/F.F. 1,038.35 F. F. $32,500 $32,500 /94 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 LTS#5 STANDARD.CON .?" Revised: February 2, 1993 Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint e • +rum AT Sub'ect Site a NE \ tED C s & 00 • 1 a Piv nciAV • 'AWN cc:TmE C,.0 MI= � I to 00.1.1 r» racGEn ■BGG aricemEl tram Ira Am- EP, a of 1111 111111116., 1 t04Ma I 1000 0 vcp; 4.7.1 a. 1000 2000 Feet Development/Developer: CSM Properties, Inc. Application: Preliminary Subdivis- Case No..: 01 -PS -20-09-04 /, city of eagnn Community Development Department Map Prepared using ERSI ArcVlew 3.1. Parc • ase 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. W� E Current Zoning and Comprehensive Guide Plan glue Ridge 6th Addition Land Use Map Case No. 01 -PS -20-09-04 Zoning Map PD 110 13? Lc 0 Current Zoning: - Locatiolr PD PD 1 Planned Development a PP • i f PD PD ,� _ A 1-1 *ii*ft. �eR cawr.� A 000 0 000 1700 F..t \ el i 1747-71 iTr7rho . Comprehensive Guide Plani Land Use Map 11 SA �A • ie Location Current Land Use Designation: % SA SA SA SA y Special Area RC `®f. r. SA - 0/S A1; ,=1 00M 0 0 000 1200 Foot IND®a • ^ ; 1 Mo S© Parcel base mop in o - '< today Dakota County Land Survey Depertme,t J n. 2003. Zoning information maintained byCity Stall City of Eagan a, 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 4.0 rJ ) 49`g59. Cis 4476.58 / / / N CI / rJ` \�4// •III l 503'l1Y02 N/ /� \a A• '-,...---.--'•---4.- 'er li r, 4 I / ¢1E$� _III Ba 11 .�`} ^ \\�`o R3 9. 1i 4..s 6s=\�_1 \ice J. / �� -J._1 , ES•656 i£L,6400S I _ _ — j' t_ R 3.O411'.00S r vit_ 'a-1 / / / 1 a I. Took !). pa L I c C4 C) C I H ` z 8 PRELIM. PLAT L J I° 3157 Sneer 2 o/ 2 elleofo iliilil!!lil{1!ilJli{!lt� 424*6' II IIii II1!Iil. 0 II1II11!lliII 111illii11I!{l Q / ' .‘ll!1!1111!! 111!!!!!! 11111111111111111f') 4Jlp`n:.:�:�.\i f 04th • fir; t�/,tai , t t�ii, s, .t k . ul 1 Ir UTILITY PLAN 1 4 off e I .3 2112101,11111111 a i �' a a' a 17 f 1 S , l; f 11 is i t' i i ,f; ifl��f i#�} {, t� sit i tit #f 'Jif 1 1; I t II{ 1 i110.1i 1 t 11 # i 1 11 1I 411 '! a 11 U {., ; i !ril='1 #11 i 11 = 1 a4" ?i! f=i = 1 f i1 11111 is .I !'= 1 {{ as 1 { iIi ! # J�fli 1 s j T If i ! it 1 i : hi 1# !a + f ' ai I.. E` p i :!1 '1 f ii 1 j i if {i' { lz�ll�� hill if ;k #j� Ifs ! 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PLAT 7-57 P.M 2 0/ 2 Mee1e Agenda Memo November 4, 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. • The enclosed meting notes provide an update on where the stakeholders currently are in their discussions. • The next meeting of the stakeholders committee is scheduled for 9 a.m. on Wednesday, November 10. ATTACHMENTS: • Enclosed on pages /S9and/are the meeting notes from the October 27, 2004 Caponi Stakeholders meeting. CAPONI STAKE -HOLDERS MEETING NOTES of MEETING of 10/27/2004 In Attendance; Richard Schaffer, Caponi Attorney Tony and Cheryl Caponi Chip Lindeke, Caponi Art Park Board Gene VanOverBeke, City of Eagan Mike Dougherty, City Attorney Ken Vraa, City Consultant Paul Olson, City of Eagan Al Singer, Dakota County • The Memo of Understanding (MOU) is currently being reviewed by the City Council Caponi Sub -Committee. City staff, sub -committee members, and the City Attorney will be scheduling an in-house meeting in the next several weeks to discuss the document in anticipation of it being presented to the City Council for signature. Tony expressed concern regarding the timeline due to the correlation with available grant funds. • A draft of the required Resource Management Plan for the south 20 acres, as prepared by City staff, was provided to Al Singer for review. The document is a requirement of the new County grant program. Refinements to the plan are expected to be completed within the next month. • Considerable time was spent reviewing the third draft, dated October 19, of the Maintenance Agreement for the new art park. Attorney Dougherty presented his comments and suggestions outlined in a mailing dated October 21. Discussion points include; 1. Defining/redefining several terms related to covenants vs. easements and the appropriateness of each, and other management options, to the parcels of the site. 2. Language regarding the reopening the agreement pertaining to the Diffley tunnel to evaluate the appropriateness of the current terms in light of the projected use of the site. 3. The City retaining latitude and control over the use of the Lexington- Diffley parking lots. 4. Defining the terms and level of responsibility for physical maintenance of the site. The initial concept suggests that the CAP be responsible for mowing and on -ground work, the City would participate in management of the woodlands through the removal of disease and hazard trees. 5. The City wants to have access to the site through locked onsite or perimeter gates to conduct maintenance activities and inspections. Tony expressed concern in regard to fencing the boundary with the new Evergreen Enclave development east of the NE 10 acres. The City has accepted a land dedication between the two. 6. Inclusion of an access easement for the County. lT? Mike, Dick and Al will review the comments and refine the document as appropriate for review of the sub -committee at an upcoming meeting . • Mention was made that the Trust for Public Land had not yet suggested the source of the additional funding required for the acquisition. • The members present were asked to begin review of the first draft,10/26/2004, of the Operating Agreement in anticipation of a future discussion. • The next meeting of the Stake Holders committee is schedule for 9:00 AM, Wednesday, November 10th at the Municipal Center /6a Agenda Information Memo November 4, 2004 Eagan Economic Development Authority Meeting XI. ECONOMIC DEVELOPMENT AUTHORITY A. CANCELLATION OF EDA MEETING AND CONTINUATION OF ACTION ITEMS ACTION TO BE CONSIDERED: To cancel the EDA meeting for November 4, 2004 and continue the action items noted to the November 16, 2004 City Council meeting. FACTS: • Negotiations between staff and the developer regarding the action item noted on the agenda have been concluded and a copy of the final agreement is being circulated at US Home for signature. To insure that it is in hand prior to consideration of action by the Council and EDA on this item, staff is requesting continuance of the item and cancellation of the EDA meeting. As a part of the adoption of the agenda, it will be noted that there will be no EDA meeting at this time and that pending items will be addressed at the November 18, 2004 EDA meeting. 1 1 MAR -30-2004 10:e4 MARSHALL FIELDS 612 375 2414 o . 1/04 Print r E-mail ► About Eagan ► Government • Coundl & Mayor • Commissions Advisory Parks Commission Advisory Planning Commission Airport Relations Commission Economic Development Commission Telecommunications Commission Advisory Commission Application • City Codes & Ordinances - Eagan Legislators & Districts • Elections/Voter information • Form of Government • Glossary of Terms • Other Government Contacts • Public Documents Library ► City Departments ► City 3obs ► city Services ► Facilities ► Getting Involved I. Community Links ► Contact Us l\c ,vs 5x Eyern Home C� 1111 F:cg±la:iors Main Page / Government / Commissions Gettin4 Aral.; n '. P:npk Places Advisory Parks Commission ( Advisory Planning Commission ( Airport Relaq Commission j gconomic Development Commission j Telecommunications Commission 1 Advisory Commission Application Name Advisory Commission Application CITY OF EAGAN BACKGROUND INFORMATION FORM `Please type or print dearly In ink L6I16 13rom Icy Jo/ 4))f Date In order that the Mayor and Councflmembers have a better understanding of background and interests, please provide the following information:. (Attach sheets if necessary). Home Address 3/4700 T44.1)t I (Tj t W . j Eq� Phone (H) U�I - a5Z- $2M 9 J Zip Code 56 123 How long have you lived in Eagan? 1.6 years Employer I kart(iDo.i1orL— Occupation ST.rlier NI.{ VUr 1/dt'.i' Ap 6 Phone (W) (012-3xt-k7►IJ Please indicate which Committees/Commissions you are applying for. List those you would be seriously interested in serving on. 1st Choice /d -vi i;Dr1 P/LLhn i ti0mrni 44UU rl 2"d Choice GDrlovyliU D•vv oprplc,yit 3'd Choice1iGldry Pl riL 4th Choice / Prior experience on City Commissions, City Boards, etc. http : //www. c ityo feagan. com/live/Commissions. asp?C ommissi o n=464 8 &menu=2021 3/30/2004 MAR -30-2004 10:04 MARSHALL FIELDS 612 375 2414 P.02/04 orm7.n4- ly haul) not' t:,f fvri ct4.. tnucIveyr,rrt in oiyy t6vur/)rfhnt- Provide a short paragraph summarizing why you are seeking an appointmen Commission in the City of Eagan. 4.,t*iry q2'�'i inVot 441 a m�l'►u•vu wou ll� 1 iko j Iri►'f'a1y my bu irit S mu( IviPY6frif.p .6c.pprolia,6 i mpcvFl�r, -f� z Ay. Briefly descnbe your background, experience and any other informatior previously given which you believe should be considered regarding appointment you are seeking. have. Zml a, ion -fl tzhidhi 0 f 1)41 Ga fy. ,i had tn6C Gv nfi rt t ,-i ruby a. Cetvrzr 'att.+ ha5 prpvLG(ut e n nu k5 Ianin s L tippedUhl to 4()�. My i gpnG 5 ir14 u4. I t4tlas1 1/1i, 441,11/1s, nkvaq 1 pn VLS '4t QAvail) 1 ? nv�l (4. x liari1 -hP "405 mrtrncz. • Retum to: City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Telephone: (651) 675-5001 Fax: (651) 675-5012 (For Office Use Only) Date Received City of Eagan http://www.cityofeagan.com/live/Commissi ons.asp?Commission=4648&menu=2021 3/30/2004 Advisory Commission Application CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink Alice M. Worthington 03/02/04 Name Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets if necessary). Home Address 4766 London Lane, Eagan, MN 55122 Phone (H) 651/683-9381 Zip Code 55122 How long have you lived in Eagan? 15 years Employer Epicor Software Corporation Occupation Software Customer Account Manager Phone (W) 952/417-5342. Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. 1' Choice Advisory Planning Commission 21x1 Choice Economic Development Commission 3rd Choice Advisory Parks Commission 4th Choice Prior experience on City Commissions, City Boards, etc. Member of Eagan Rotary Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. As a resident of Eagan for 15 years, I have seen tremendous growth for the City of Eagan.. I would like to have input in making decisions related to the future growth of Eagan. It is important to me that Eagan continues to be a great city to live and raise my family in. Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. I have a Bachelor of Science degree from Minnesota State University, Mankato in Business Administration with majors in Finance, Management and Industrial Relations. I have a Master of International Management degree from University of St. Thomas with an emphasis in Marketing. I worked as a computer analyst for over 10 years, five of which were at Blue Cross Blue Shield of Minnesota. For the past 10 years, I have been involved in the sale of enterprise software to manufacturing companies. As a sales executive, I need to work very closely with many levels and types of people. This experience should be very helpful in being an effective member of an advisory commission. I have been an active member of the Eagan Rotary for two years and will be on the Board of Directors in 2005 as the International Officer. I enjoy being a part of Eagan Rotary as it gives me the opportunity to contribute back to the City of Eagan. Return to: City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Telephone: (651) 675-5001 Fax: (651) 675-5012 (For Office Use Only) J Date Received / '/O City of Eagan CITY OF EAGAN Commissions Page l of 4 Print 0 E-mail Search ► About Eagan ► Government • Council & Mayor • Commissions Advisory Parks Commission Advisory Planning Commission Airport Relations Commission Economic Development Commission Telecommunications Commission Advisory Commission Application • City Codes & Ordinances • Eagan Legislators & Districts • Elections/Voter Information • Form of Government • Glossary of Terms • Other Government Contacts • Public Documents Library ► City Departments ► City 3obs ► City Services ► Facilities ► Getting Involved ► Community Links ► Contact Us Main Page / Government / Commissions Advisory Parks Commission 1 Advisory Planning Commission 1 Airport Relati' Commission 1 Economic Development Commission 1 Telecommunications Commission 1 Advisory Commission Application Advisory Commission Application CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink Name Date In order that the Mayor and Councilmembers have a better understanding of background and interests, please provide the following information: (Attach sheets if necessary). Home Address /,z5 Phone (H)(4..5/—�/ -. 599_7 Zip Codes5/« How long have you lived in Eagan? l years Employeri�-�/49 L c',-5�� /�, 11;46e - Occupation e/ Occupation 6j4 -'f'/776;71/5- #/c Phone (W) 6/2- /2P5-�575 Please indicate which Committees/Commissions you are applying for. List those you would�be seriously interested in serving on. 1st Choice &41/.'x' G 7./e/7eAt/V4z/r. 2nd Choice f;(KSCeK /9f'4✓/t/.• NG 3rd Choice 4th Choice Prior experience on City Commissions, City Boards, etc. http://www.cityofeagan.com/live/Commissions.asp?Commission 4648&menu=2021 3/30/2004 In Response to the Three Questions On the Questionnaire Application by Timothy M. Cullers I do not have any prior experience on City Commissions or City Boards. My rationale for pursuing this appointment is two fold. The first being that I would like to become an active member of my community, help the city grow and offer what I can. The second being to learn and be a part of a growing city. I have a very diverse background; having grown up in multiple states and countries. Recently I completed my Bachelor's Degree in Accounting and plan on continuing my education. I have been employed by Timber Lodge Steakhouse for over six years and currently manage nine restaurants for the company. My wife and I own a recruiting business. My success in the restaurant industry is attributable to my ability to work with many people and multiple management teams. I feel comfortable with the level of my business knowledge that I might be able to add, but unfortunately this confidence does not exist when dealing with the city. If I were to receive this appointment you would be getting a very "green" member, who is willing to learn, able to research, and add what he can. Commissions 4: �•S�1"�t � .w Page 1 of 4 8 print ► About Eagan ► Government • Council & Mayor • Commissions Advisory Parks Commission Advisory Planning Commission Airport Relations Commission Economic Development Commission Telecommunications Commission Advisory Commission Application • City Codes & Ordinances • Eagan Legislators & Districts • Elections/Voter Information • Form of Government • Glossary of Terms • Other Government Contacts • Public Documents Library ► City Deparbnents ► City 3obs P. City Services ► Facilities ► Getting Involved ► Community Links ► Contact Us Main Fuge / Government / Commissions Advisory Parks Commission I Advisory Planning Commission ( Airport Relations Commission I Economic Development Commission I Telecommunications Commission I Advisory Commission Application Advisory Commission Application CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink r c vv t tic e_ 3.31.o' -i Name Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets if necessary). Home Address /5-93 1 it- Phone (H) CaSI. 6Y�.o2/I / / Zip Code 5—S I 2.1 - How Z.How long have you lived in Eagan? t�years Employer e>r, s 4 S P 1+ Occupation L c do'4 c S Phone (W) lisV.74 Go Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. 1st Choice 1Pckr 2nd Choice 3rd Choice 4th Choice A. EC r.'1.• J)Cv Prior experience on City Commissions, City Boards, etc. Ql )r)r http://www.cityofeagan.com/live/Commissions.asp?Commission=4648&menu=2021 3/31/04 ommissions Page 2 of 4 Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. Sit- ciAa_eL, — 2 � sDQ►�St Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. T S o� TQC. C� C S r0ta > C Retum to: City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Telephone: (651) 675-5001 Fax (651) 675-5012 (For Office Use Only) Date Received City of Eagan CITY OF EAGAN ADVISORY COMMISSION APPUCANTS DATA PRACTICES ADVISORY FOR PROTECTED INFORMATION FORM ttp://www.cityofeagan.com/live/Commissions.asp?Commission=4648&menu=2021 3/31/04 3.31.03 -Jack Prentice Response # 1: The city of Eagan has provided a great environment and community for my family for several years. I feel that seeking an appointment is one way to give back to the city and make a positive impact on the things I enjoy in life. We recently purchased our second home in Eagan located on Blackhawk Park and for over 7 years I have enjoyed the park and all its amenities. My wife and I made the long term commitment that Eagan was the best place to raise our children and grow old. I feel that I can provide positive feedback and ideas as well as constructive criticism when needed. A final reason I felt compelled to seek an appointment was the desire to not just stand on the sidelines, but get involved and hopefully make a small difference. Response # 2: I have served on the Board of Directors for Royal Redeemer Child Care Center for over a year. In that time we have faced several issues such as, employee and benefits reductions, fund raising, budgeting and financial planning and a search for a new director for the center that I feel will help make me a good candidate for appointment. Jack Prentice 1593 Murphy Parkway Eagan, MN 55122 (p): 651.260.2506 • (e): jacke-Drentice.com Professional Summary: I have eight years experience in the transportation industry and third party logistics (3PL). Most recently, I developed and implemented the start-up of a full service logistics division at a transportation company. I was able to increase revenue and gross profit by capturing new or unrealized sales that exceeded budgeted targets. I managed all operations including budget development, expense control, contract negotiations, communications, and staffing. 1 have established and currently maintain excellent contact with businesses and the industry. I have strong interpersonal and communication skills, and am self motivated and able to prioritize and handle multiple tasks and projects. I am also proficient with PC Miler, Maddock's and the Microsoft Office Suite. I am currently looking for a position that will allow me to directly influence the growth of a company by utilizing my strengths and experience with the transportation industry. Professional Experience: Saturn Transportation, Mounds View, MN (10.02-12.03) Director of Saturn Logistics' Carrier Partner Development: • Modes of transportation utilized were general freight and blanket wrap, truck load, LTL, redelivery, recalls, inside delivery and set-up. • Established and maintained relationships that increased carrier partners from 20 to over 400. • Created Carrier Data Base and maintained daily to host specific carrier information. • Developed carrier partner packet to expedite set-up and complete background check of new carriers. • Expanded carrier partners to handle all types of freight requests and projects. • Daily e-mail distribution to over 400 carriers listing available equipment and freight. • Monitored on-time delivery performance and cost to ensure the best performance and profit maximization. Division Sales: • Increased Revenue from $2.8 million to over $4.1 million. • Responded to large company RFP's (JCPenney, Wal-Mart, Target). • Facilitated requests from intemal sales people as well as outside agents for lane pricing and coverage. • Educated and informed sales people of new services that should be offered to current customers. • Negotiated and set pricing for new customers and projects. • Secured new sales with vendors through relationships and service performance. Office Staffing/General: • Hired all employees and managed resource allocation. • Set roles, responsibilities and objectives for all employees. • Established performance measurements and reporting methods. • Fostered a pro -active and self reliant environment • Created Standard Operating Procedures (SOP's) for Logistics group. • Developed account or project specific operating procedures. • Developed 60, 120, and 180 day action plans for logistics for senior management review and approval. • Integral member of management team involved in goal planning, major rollouts, and new customer implementation. • Set-up Company funded educational program for employees who chose to continue educations (BA, BS, and MBA). CH Robinson Worldwide, Eden Prairie, MN (10.96-7.02) Senior Protect Manager (10.01-7.02) • Managed day-to-day operations between multiple vendors, customers and carriers. • Created and maintained Standard Operating Procedures (SOP's) for customers, vendors and carriers. • Responsible for all financial and reporting of customers and carrier information to senior management. • Negotiated and set pricing for new customers and accounts. • Expanded internal network of redelivery agents from 300 to over 1500. • Managed operations between two CHR branches and major telecommunications customer. • Assisted in developing a custom website in which multiple parties could utilize (customer, vendors, and carriers). • Reported costs vs. revenue and presented to senior management. Divisional Sales & Marketing (8.00-10.01) • Responsible for sales development and marketing of products and services. • Completed RFP's for potential customers, secured new business, and performed intemal and external marketing. • Identified targeted industries and potential customers by estimating revenue potential, implementation costs and operational costs. • Analyzed customer needs and implemented customized logistics solutions. • Developed and negotiated national pricing for internal branches and customers. • Directed and coordinated national forums and conferences. • Created and implemented marketing materials for the division. Logistics Operations Manager (9.96-12.98) • Responsible for the development of expanded sales, customer relationship building, improving operational efficiencies, and supervising multiple team members. • Financial accountability for accurate pricing, timely invoicing and collections of accounts receivable. • Managed multiple customer accounts totaling $7.0mm annually. • Created weekly distribution plans that included over 1500 destinations (50 million inserts) while optimizing best cost and mode of transportation for each customer. • Utilized communication skills in dealing with customers, transportation vendors, printers and intemal branches to effectively manage client needs and proactively solve distribution issues. GREENTREE FINANCIAL CORPORATION, St. Paul, MN (7.95-8.96) Internal Auditor • Conducted operational reviews of corporate departments and regional offices throughout the U.S. • Reviewed credit applications, loan portfolios, collection files and repossession files for compliance with standard operating procedures. • Documented and presented audit results to executive level management with recommendations for corrective action. • Continuously searched for ways to improve audit productivity and effectiveness. Education: • MARYCREST UNIVERSITY, Davenport, IA B.A., December 1994. International Business major. • ST. THOMAS ACADEMY, Mendota Heights, MN. Other: • Board of Directors -Royal Redeemer Child Care Center. (11.02 -current) • JV Soccer Coach for St. Thomas Academy • Neighborhood Renewal • Special Olympics • Soccer Camps for underprivileged children • International Business Organization (college) FROM LARKIN HOFFMAN (952)8963334 (WED) 3. 31' 04 11:35/ST. 11:34/N0.4260948654 P 2 8 Print ® E-mail Search ► About Eagan ► Government • Council & Mayor - Commissions Advisory Paris Commission Advisory Planning Commission Airport Relations Commission Economic Development Commission Telecommunication Commission Advisory Commission Application - City Codes & ordinances • Eagan Legislators & Districts • Elections/Voter Information • Form of Government • Glossary of Terms • Other Government Contacts • Public Documents Library ► City Departments ► City Jobs ► city Services ► Facilities ► Getting Involved ► Community Links ► Contact Us Main Page / Government / Commissions • Advisory Parks Commission 1 Advisory Planning Commission 1 Airport Relations ' Commission 1 Economic Development Commission 1 Telecommunications Commission I Advisory Commission Application Advisory Commission Application CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly In Ink Se rea4 A-. C11;5 3.31-09 Name Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets if necessary). ` Home Address ISS 1 COV 1 AQ Tp n Lne. Phone (H)(Cc I- S - }S V Zip Code 55122- How S12ZHow long have�you lived in Eagan?cr3 -� years Employer Lo..rkm f}o��na.r i tc�1j w- LiraYe A It do Occupation 44A-0 r ne Phone (W) 4'RS Z - Vito 1331-4k Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. 131 Choice PEdti6bel ?Oaks CoMmisSsbr\ 2nd Choice CGono M1e. De ✓e(o j'n ertk Comm; Wart 3rd Choice 4th Choice Prior experience on City Commissions, City Boards. etc. http://www.ci.eagan.mn.us/tive/Commissions. asp?Commission=4648&menu=2021 3/30/2004 FROM -LARKIN HOFFMAN (952) 8963334 (PIED) 3. 31' 04 11:35/ST. 11:34/N0. 4260948654 P 3 Jeff Ellis Advisory Commission Application March 31, 2004 Prior experience -on City Commissions, City Boards etc. An appointment to either the Advisory Parks Commission or Economic Development Commission would be my first experience on a city or governmental commission. 1 have been involved in leadership positions with professional and social organizations, but this would be my first government experience. Provide a short paragraph summarizing why you arc seeking an appointment to a commission in the City of Eagan. I would like to get involved in the local community and these two Commissions mesh well with my interests.. My wife and 1 chose to live in Eagan in part because of the many parks and public recreation facilities available here and I would enjoy working to see that our city maintains and even increases those types of amenities. I have been interested in economic and business development at the local level since college where I had several classes in labor economics and the effect of targeted economic development on the labor market and on local governinent. Since that early exposure, the importance of effective management of development has been something in which I have maintained an interest. Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. I am a 31 year old husband and father. My wife Katie and I have a daughter, Cecilia, who is 20 months old and are expecting another child in May. In my professional life, I work for a large Bloomington law firm where my practice focuses on advising small- and medium-sized businesses on a wide variety of corporate law and taxation issues. In my spare time I enjoy spending time with my family, reading, running, and golfing.