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06/07/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JUNE 7,2011 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES Lf a. B. PERSONNEL ITEMS PIS C. APPROVE Check Registers Pe D. APPROVE Action to Not Waive Monetary Limits on Municipal Tort Liability i°I 5' E. APPROVE Change Orders for Fire Safety Center j? Iq F. ADOPT a Resolution to Proclaim June 8, 2011 as Arbor Day and the month of June 2011 as Arbor Month in the City of Eagan Q G. DECLARE a used Cascade Bay Drop Slide as Surplus Property and have it disposed of appropriately a3 H. APPROVE Tree Maintenance Contractor License for Mike Paggen, Midwest Tree Experts, LLC Pat} I. APPROVE recording extension of Preliminary Subdivision for The Heritage of Highview a J. DIRECT Preparation of Ordinance Amendment to Establish a Timeline for the Completion of p Exterior Materials under Building Permits �• .3() K. APPROVE Change Order #1 and Authorize Final Payment for Contract No. 10-20, Water P3iQuality/Storm Sewer Pond Sediment Removal L. APPROVE Change Order for Contract 11-01, Citywide Street Improvements M. APPROVE Quit Claim Deed for CSM (Joe Miller Farms remnant) Pao N. ACCEPT the 2011 Transportation Infrastructure Needs Analysis (TINA) Update f37 O. APPROVE Final Payment for Contract No. 11-07, Schwanz Lake Rain Gardens ..p.* P. RECEIVE Petition & Schedule Public Hearing for July 5 to Vacate D & U Easement on Lot 1, Block 1 Gopher Eagan Industrial Park #3 & #6 e141 Q. APPROVE Revisions to the Winter Trail Maintenance Program for 2011-2012 + C}1 -F R. APPROVE Revisions to the Winter Trail Maintenance Policy & Addition of Priority Response Plan -P S. APPROVE Revisions to the Snow & Ice Control Policy P T. APPROVE First Amendment to Special Events Agreement (CSM Eagan, LLC, Lockheed Martin Corporation, and City of Eagan) P.73 U. APPROVE Final Plat for the Pomroy Addition APPROVE Agreement with BHK Ventures, LLC dba Quality Business Solutions to assist the City T in achieving compliance with Payment Card Industry (PCI) standards for handling of credit card numbers and other private data - f.a W. APPROVE Resolution of Support for CDA HOME Fund Application for Northwood Family Townhomes Project -p%7 X. APPROVE Massage Therapy Establishment License for Igor Ganopolskiy, Alliance International Corporation, 1585 Thomas Center Drive V. PUBLIC HEARINGS igg A. VACATION of Drainage & Utility Easement, Lot 5 Block 9 Nicols Ridge VI. OLD BUSINESS Pq i A. RECEIVE Final Assessment Roll and Schedule Public Hearing for July 5 — Project 1033 (Cliff Rd — Trunk Watermain) /07 B. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING —Jon Pomroy —a Comprehensive Guide Plan Amendment from MD (Medium Density) to LD (Low Density) and a Rezoning of approximately 1.7 acres from R -3 (Residential Townhouse) to R -1 (Residential Single Family) located at 3755 Blackhawk Road VII. NEW BUSINESS (� A. CONDITIONAL USE PERMIT - Shawnee Professional Building / Wenzel Properties - MSP Commercial —A Conditional Use Permit to allow outdoor storage located at 3600 Kennebec Drive fig B. INTERIM USE PERMIT —Oak Hills Church - An Interim Use Permit to allow a community garden located at 1560 Yankee Doodle Road p / rD C. CONDITIONAL USE PERMIT — Roclar Warehouse, Inc. - A Conditional Use Permit to allow outdoor `t O storage of materials, equipment, licensed vehicles and storage containers necessary for the operation of business activity involved in light concrete construction and landscaping located at 3660 Kennebec Drive �(5 D. CONDITIONAL USE PERMIT — Competition Engines - A Conditional Use Permit to allow outdoor storage of cars & car trailers located at 2980 Lone Oak Circle P ] Q E. CONDITIONAL USE PERMIT —RJ RYAN - A Conditional Use Permit to allow outdoor storage of n semi trailers on the property located at 905 Yankee Doodle Road F. INTERIM USE PERMIT —RJ RYAN —An Interim Use Permit to allow outdoor storage of semi trailers on the property located a 915 Yankee Doodle Road j G. ADOPT the 5 year Public Works Capital Improvement Plan (2012 -2016) and authorize the implementation of the 2012 improvements VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Pa3i A. APPROVE Correspondence to Eagan's Legislative Delegation in Support of Funding for the Statewide Health Improvement Program (SHIP) IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4 City of Eap EEO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 3, 2011 SUBJECT: AGENDA INFORMATION FOR JUNE 7, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 7, 2011 City Council agenda, the following items are in order for consideration. d Agenda Information Memo June 7, 2011 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 17, 2011 Regular City Council meeting and minutes of the May 10, 2011 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes pf the May 17, 2011 Regular City Council meeting are enclosed on pages 5 through (P • Minutes f the May 10, 2011 Special City Council meeting are enclosed on pages 7 through. 'q DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 17, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. City Councilmember Fields was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 17, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. Also present were City Administrator Tom Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Parks and Recreation Johnson, Director of Public Works Colbert, Director of Community Development Hohenstein, Police Chief McDonald and Fire Chief Scott. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 Item I was pulled from the Consent Agenda for discussion and separate action. A. It was recommended to approve the minutes of the May 3, 2011 regular City Council meeting as presented B. Personnel Items: 1. It was recommended to acknowledge the resignation of Krystal Ludgate, Temporary Receptionist/Clerical Tech 11, effective 5- 25 -11, and authorize her replacement. 2. It was recommended to approve the hiring of Seasonal Employees in the Parks and Recreation Department and Cascade Bay C. It was recommended to approve the check registers dated April 28, 2011 and May 5, 2011 as presented D. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus E. It was recommended to approve updates to the City's Emergency Plan regarding the dispensing of medication to personnel deemed mission critical F. It was recommended to approve a Resolution to accept in -kind donation from Kwik Trip for the 2011 5K Your Way Event and approve any necessary changes to the 2011 budget G. It was recommended to direct the City Attorney's Office to prepare an Ordinance Amendment to City Code Chapter 11 relative to the City's variance authority H. It was recommended to approve a Lease Agreement to permit JBL Companies to occupy the Fire Administration Building at 3795 Pilot Knob Road on a temporary basis pending the sale of the site I. Pulled for discussion J. It was recommended to approve an Agreement to retain temporary contract building inspection services through June 2011, and authorize a budget adjustment for that purpose K. It was recommended to receive a Petition and a schedule Public Hearing (June 21, 2011) to vacate drainage and utility easements for Outlots A & E, Stonehaven 1" Addition 16 City Council Meeting Minutes May 17, 2011 DRAFT 2 page L. It was recommended to approve plans and specifications for Contract 11 -08 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 16, 2011 M. It was recommended to approve Change Order No. 1 for Contract 11 -02 Citywide Street Improvements N. It was recommended to approve Change Order No. 3 for Contract 09 -04, Fish Lake Alum Dosing & Sediment Basin O. It was recommended to approve Commercial/Multiple Dwelling Trash Hauler License for D.J. Troje and Dennis Troje, Troje's Trash Pick Up, Inc. P. It was recommended to approve Corrective Warranty Deed for Lockheed Martin Corporation Q. It was recommended to approve Waiver of Subdivision and Platting for conveyance of remnant parcel from Joe Miller Farms to Lockheed Martin Corporation Item I. Accept additional house plan options for Stonehaven Planned Development was pulled for discussion and separate action. Councilmember Bakken requested the item be pulled for discussion. Councilmember Bakken discussed the request of the developer to offer additional house plan options and noted his concern that the tax base not be devalued. Joe Jablonski of Lennar Homes spoke to the Council regarding additional floor plans they would like to offer noting demand for single level homes with master bedroom on the main floor. He also commented on comparable pricing of new plans with existing plans being offered in neighborhood. Tilley moved, Hansen seconded a motion to accept additional house plan options for the Stonehaven Development located south of Yankee Doodle Road and west of Wescott Woodland. Aye: 3 Nay: 1 (Bakken) VISITORS TO BE HEARD Tom Mullon, Commander of the Eagan American Legion, spoke about the Memorial Day observance scheduled at the Eagan Tribute Plaza at Central Park on May 30, 2011 at 2:00 p.m. and invited all to attend. Mr. Mullon noted dedication of the new military statue will take place on July 3, 2011. ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 6:52 p.m. Aye:4 Nay: 0 Date Mayor Clerk 0 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 10, 2011 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, City Engineer Matthys, Transportation and Operations Engineer Plath, Superintendent of Utilities Schwanz, and Community Development Director Hohenstein. I. ROLL CALL AND ADOPTION OF THE AGENDA City Administrator Hedges noted a request by the Regional Council of Mayors for the Council to consider a resolution in support of State transportation funding. The Council directed the item to Other Business. Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as amended. Aye: 4 Nay: 0 (Councilmember Tilley not present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. PUBLIC WORKS 5 -YEAR CIP (2011 -2016) City Administrator Hedges introduced the item noting that each year the City Council adopts a Capital Improvement Program (CIP) for the community, which includes Part III - Infrastructure (Public Works). Hedges introduced Public Works Director Colbert, who gave an overview of the proposed Public Works Infrastructure projects for 2012 -2016. The City Council discussed the proposed CIP projects. Director Colbert noted that the CIP will be accessible via the City's website after formal adoption, and a hard copy will be available at Wescott Library. Councilmember Tilley arrived at 6:50 p.m. Councilmember Fields moved, Councilmember Bakken seconded a motion to affirm the draft 5 -year CIP (Part III- Public Works Infrastructure, 2012 -2016) and directed it to the June 7, 2011 City Council meeting for formal consideration. Aye: 5 Nay: 0 Special City Council Minutes May 10, 2010 Page 2 IV. REVIEW UPDATED TRANSPORTATION INFRASTRUCTURE NEEDS ANALYSIS (TINA) REPORT City Administrator Hedges introduced the item, noting that the updated Transportation Infrastructure Needs Analysis (TINA) report is being presented to the Council as an update on the anticipated transportation system needs for the next 20 years (2012- 2030 +). City Engineer Matthys gave a presentation to the Council summarized the updated TINA report. Matthys noted that when the first TINA was completed in 2005, there was a gap or shortfall of approximately $57.6 million of local funding required to meet the anticipated 20 year needs for the transportation system. Matthys added that as a result of actions taken by the City Council over the past six years, that gap or shortfall has been reduced by $26 million, thus resulting in a shortfall of $31.4 million. The City Council discussed the findings and implications of the updated TINA report. The Council directed the TINA report to a future Finance Committee meeting for a discussion on options to finance the future transportation projects and needs identified in the TINA. V. WINTER TRAIL MAINTENANCE PROGRAM A. Consideration of Changes to Designated Winter Trail Maintenance System City Administrator Hedges introduced the item noting that the Council adopted a Winter Trail Maintenance Plan in 1998 that allows the Council to annually review and reconsider the extent of the trail system that is designated for maintenance during the winter months. Hedges added that this annual review occurs at the first available Council workshop after April 1 of each year. Transportation and Operations Engineer Plath summarized the citizen petitions received over the past year and noted the particularly difficult winter conditions in 2010 -2011. The City Council discussed Citizen Petition #1, which requested that trail plowing be transferred from the east side of Pilot Knob Road to the west side of Pilot Knob Road, between Lone Oak Road and Buffet Way /Corporate Center Drive. Representatives of the petition were present and spoke in support of the request. The Council concurred with the petition and directed staff to switch the trail plowing to the west side for one year and reevaluate in 2012. (The City Council moved ahead on the agenda to consider proposed revisions to the Winter Trail Plowing Policy and a review of trail plowing equipment resources, and then resumed their review of citizen petitions.) The City Council discussed Citizen Petition #2, which requested that a new trail segment be plowed on the north side of Lone Oak Road from Lexington Avenue to Lone Oak Circle. It was noted that there were not any nearby retail commercial facilities within a reasonable distance and that it appeared the request was more for recreational purposes by petitioning employees. It was also noted that the petition only included 14 properties and thus did not meet the Winter 0 Special City Council Minutes May 10, 2010 Page 3 Maintenance of Sidewalk and Trails Policy, which requires a petition to include the signature of at least 50 properties. The City Council directed that this trail segment not be added to the winter trail maintenance program. The City Council considered the addition of eight newly constructed trails to the winter trail maintenance program. The Council recommended the inclusion of the following trails into the winter trail maintenance program: • Trail along the Duckwood Overpass (connecting Duckwood Drive on the east side of 35E to Federal Drive on the west side of 35E), which is anticipated to open in Fall 2011 • Six -foot trail on Federal Drive from Violet Lane to Blackhawk Hills Road The Council directed that the following trails not be included in the winter trail maintenance program, and rather, wait to consider such trails if and when citizen petitions are received: • Eight -foot bituminous trail on the south side of Gold Trail between Cedar Grove Parkway and Woodhaven Park • Eight -foot bituminous trail on the north side of Duckwood Drive and the west side of Wescott Woodlands from east of Falcon Way to Yankee Doodle Road • Six -foot concrete sidewalk on the north side of Station Trail from Wescott Woodlands to the current temporary dead end on the west in conjunction with the construction of Station Trail and the recently constructed Fire Safety Center • Six -foot concrete sidewalk on the north side of Duckwood Drive from the existing concrete sidewalk on the west end to the newly constructed bituminous trail beginning at Springwood Pass. • Six -foot concrete sidewalk on the west side of Denmark Avenue from Northwood Parkway to just south of Clubview Drive • Eight -foot bituminous trail on the east side of Blackhawk Road from Beecher Drive to Galaxie Road The City Council next considered trail segment changes recommended by staff. The Council directed staff to transfer the trail segment from the west side of Lexington Avenue to the east side between Wescott Road and Diffley Road to address improved operations for snow storage, serving a larger population of residents on the east side and the recently adopted new walking policy for students in ISD 196, which states that students living within one mile of a school will no longer receive bus service. The City Council considered the addition of four trails to the winter trail maintenance program as a result of ISD 196's new walking policy. The four trails the Council considered adding to the winter trail maintenance program were: • Wescott Road (north side) from E. Greensboro Drive to Elrene Road • Lexington Avenue (east side) from Diffley Road to the driveway of Lexington Hills Apartments. Special City Council Minutes May 10, 2010 Page 4 • Johnny Cake Ridge Road (west side) from Woodgate Lane N. to Cliff Road • Cliff Road (north side) from Thomas Lake Road to Lake Park Drive The City Council discussed the trial segments noting that the Lexington Ave segment was addressed with the previous staff recommendation, and directed that the 3 remaining trails segments not be added at this time. Rather, the Council stated that further consideration would be given to adding the trails after a meeting has been held with ISD 196 to consider maintenance and financing options available to have the trails cleared. The Council directed staff to consult with the City Attorney on options available before a meeting is held with the school district. B. Review Proposed Revisions to Winter Trail Plowing (& new Priority) Policy Public Works Director Colbert introduced the item, noting that staff is proposing to incorporate a Trail Plowing Priority Response Plan into the overall Winter Trail Plowing Policy. Colbert added that following the 4 snowiest season on record, staff found this winter that there were certain circumstances and challenges that significantly exceeded current personnel and equipment resources; thus the request for a prioritization response plan. Transportation and Operations Engineer Plath reviewed the proposed policy regarding a priority response plan for winter trail maintenance of trails and sidewalks. The City Council discussed the proposed policy, noting the shift of some costs from the schools to the City as a result of changes to ISD 196's distance threshold to determine walking versus bussing to schools. The Council again directed staff to continue dialogue with the school districts regarding the financial and operational impacts of changes to the bussing policies. The Council also directed staff to add language to the Criteria portion of the Winter Maintenance Policy that addresses transit in the same way as the prioritization response plan describes transit uses under the "Priority Level 2 Trails" section. The City Council directed the proposed policy revisions to the June 7, 2011 City Council meeting for formal consideration. C. Review Trail Plowing Equipment Resources vs. Needs Public Works Director Colbert introduced the item, noting that in 2009, as a budget reduction measure, the Council directed that in house staff be used to carry out the winter trail maintenance program using existing City equipment and personnel during regular work hours (i.e. no overtime). Colbert noted that in 2010 -2011, as result of the snowy winter and corresponding demand of staff and equipment, there were significant delays to complete snow removal from some trail segments. Lastly, Colbert noted that some of the heavy equipment that was used to clear trails in 2010 -2011 resulted in structural damage to some trails, and as a result, such equipment cannot be frequently used for snow removal on trails in the future. The City Council discussed trail plowing options for the future, including the possible acquisition of three new pieces of equipment to improve service delivery. The Council directed that the equipment be considered as part of the Part II CIP process to include a cost/benefit 01 Special City Council Minutes May 10, 2010 Page 5 analysis that takes into account operating and maintenance costs for both existing and proposed equipment, as well as the costs to repair damaged trail segments. VI. REVIEW PROPOSED UPDATES TO SNOW & ICE CONTROL POLICY City Administrator Hedges introduced the item, noting that the Council adopted a formal Snow & Ice Control Policy in 1999. Public Works Director Colbert noted that the current policy updates being proposed include: 1.) "housekeeping" revisions to reflect changes in the Program Manager's title and City Code references; 2.) the inclusion of a reference to the State Statute exempting snow plow drivers from compliance with normal traffic regulations; and, 3.) the exclusion of fences located within public right of way and easements from City liability for snow discharge related damages. There was Council consensus to proceed with the proposed changes to the policy for formal consideration at the June 7 City Council meeting. VII. OTHER BUSINESS City Administrator Hedges noted that the Regional Council of Mayors requested that the City of Eagan consider a resolution in support of State transportation funding. The City Council discussed the proposed resolution. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a resolution in support of the Regional Council of Mayor's 2011 Transportation Plan. Aye: 5; Nay: 0 VIII. ADJOURNMENT Councilmember Fields moved; Councilmember Bakken seconded a motion to adjourn the meeting at 9:15 p.m. Aye: 5, Nay: 0 Agenda Information Memo June 7, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Acknowledge the resignation of Ryan Stevens, Accountant I, and authorize his replacement. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of a summer Finance Intern. BACKGROUND: Over the past several years the Finance Department has benefitted from the help of a finance intern to assist with various tasks, particularly related to the annual budgeting process. The estimated cost, assuming the intern would work for approximately 12 weeks, would not exceed $6,797. Due to the current vacant accountant position that has not been re- filled, there is an adequate amount of money available to fund this position. Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation and Utilities: Name Division Job Title Connor Schulte Cascade Bay Guest Services Lauren Welle Cascade Bay Guest Services Calie Sik Cascade Bay Lifeguard Cooper Rapp Cascade Bay Lifeguard Kelsey Kyle Cascade Bay Lifeguard Kyle Nesheim Cascade Bay Lifeguard Instructor Landon Hafstad Cascade Bay Pool Attendant Alex Gorder Cascade Bay Pool Attendant Max Apple Cascade Bay Pool Attendant IQ Brittni Schlegel Cascade Bay Pool Attendant Ryan Bonifacio Cascade Bay Pool Attendant Paul Winge Cascade Bay Pool Attendant Christina Johnson Cascade Bay Pool Attendant Erin Coyne Cascade Bay Pool Attendant Neal Kunik Parks & Rec Ballfield Attendant Nick Schuetz Parks & Rec Ballfield Attendant Mike Hemmingson Parks & Rec Customer Service Assistant Kelly Kayser Parks & Rec Guest Services Catherine Shields Parks & Rec Landscape Crewmember Ryan Marks Parks & Rec Landscape Crewmember Jennifer Piskor Parks & Rec Landscape Crewmember Jacob Bolks Parks & Rec Landscape Crewmember Leah Ehret Parks & Rec Park Attendant Dan Streefland Parks & Rec Park Laborer Cody Johnson Parks & Rec Park Laborer Andrew Paul Parks & Rec Park Laborer Emily Muckler Parks & Rec Pool Attendant Jennifer Grundman Parks & Rec Preschool Instructor Jenna Housley Parks & Rec Puppeteer Meghan Kreidler Parks & Rec Puppeteer Tommy Bodeker Parks & Rec Recreation Assistant Katie Donlan Parks & Rec Recreation Assistant Mark Hannasch Parks & Rec Recreation Assistant Liz Hawkins Parks & Rec Recreation Assistant Austin Lynch Parks & Rec Recreation Assistant Taylor Mathiason Parks & Rec Recreation Assistant John Opsahl Parks & Rec Recreation Assistant Anna Pawlenty Parks & Rec Recreation Assistant Sage Peterson Parks & Rec Recreation Assistant Emma Richard Parks & Rec Recreation Assistant Walt Richard Parks & Rec Recreation Assistant Maddie Savage Parks & Rec Recreation Assistant Zachary Sheahan Parks & Rec Recreation Assistant Laura Swenson Parks & Rec Recreation Assistant Krista Wylie Parks & Rec Recreation Assistant Kelly Fischer Parks & Rec Recreation Leader Katie Joyce Parks & Rec Recreation Leader Megan Mott Parks & Rec Recreation Leader Molly O'Halloran Parks & Rec Recreation Leader Matt Steele Parks & Rec Recreation Leader Sarah Unmacht Parks & Rec Recreation Leader Jocelyn Winter Parks & Rec Recreation Program Assistant l-3 Katie Pangborn Parks & Rec Site Coordinator Pat Smith Utilities Utility Maintenance Worker 14 Agenda Information Memo June 7, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 12, 2011, May 19, 2011 and May 26, 2011 as presented. ATTACHMENTS: • Check registers dated May 12, 2011, May 19, 2011 and May 26, 2011 are enclosed without page number. 111t) Agenda Information Memo June 7, 2011 Eagan City Council Meeting D. APPROVE ACTION TO NOT WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ACTION TO BE CONSIDERED: To approve action to not waive the monetary limits on municipal tort liability. FACTS: Each year at the time of renewal of the City's property /casualty insurance policies, the City Council is asked by the League of Minnesota Cities Insurance Trust ( LMCIT) to take formal action to "waive" or "not waive" the statutory tort limits to the extent of the insurance coverage being purchased. • Minnesota Statutes provide the maximum liability of any municipality on any claim to be $500,000 when the claim is for death by wrongful act or omission and $500,000 to any claimant in any other case and $1,500,000 for any number of claims arising out of a single occurrence. These limits do not cover MN Statutory Liquor and Federal Laws (Civil Rights and Disabilities). • In addition, the City is annually provided an option to purchase excess liability coverage, in effect raising the statutory limits. However, because the statutory limits have been upheld in numerous court cases and because of the relatively high premium costs, Eagan has chosen over the past number of years not to purchase any excess liability coverage. In May 2010, Eagan chose not to waive the statutory tort limits for its 2010 -2011 insurance renewal, a change from the City's historical practice. Choosing not to waive the statutory tort limits means that an individual claimant could potentially recover no more than $500,000 on any claim to which the statutory tort limits apply. The total that all claimants could potentially recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. If Eagan chooses to waive the statutory tort limits, a single claimant could potentially recover up to $1,500,000 on a single occurrence to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000, regardless of the number of claimants. If a city chooses to waive the tort limits, the LMCIT adds 3.5% to the liability premium. That additional premium amounts to approximately $6,000 annually for Eagan. Staff has not done a survey, but in discussing the issue with the City's insurance agent there does not appear to be a consistent conclusion reached by the various cities insured by the LMCIT as to either purchase excess liability coverage and/or to waive or not waive the tort limits. Individual City philosophies and financial situations are most important in informing the decision. While staff has not requested a complete legal analysis of the issue, the City Attorney sees the decision to waive or not waive the tort limits as a matter of public policy for the City Council to decide. ATTACHMENTS: (None) 11 Agenda Information Memo June 7, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 12, 2011, May 19, 2011 and May 26, 2011 as presented. ATTACHMENTS: • Check registers dated May 12, 2011, May 19, 2011 and May 26, 2011 are enclosed without page number. Agenda Memo June 7, 2011 Regular City Council Meeting CONSENT AGENDA: E. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT ACTION TO BE CONSIDERED: To APPROVE change orders for Fire Safety Center. FACTS: The Council has previously authorized award of 26 contracts for the construction of the Fire Safety Center project. We have had to make minor adjustments to the project as it proceeds, which has resulted in the changes listed below. City Staff and Bossardt Staff are recommending the following change orders for an increase of $44,226. 1. PR -036- Add rubber pavers on training tower roof- $4,656 2. PR -053- Relocate vent pipe- $1,011 3. PR -065- Signage changes- $327 4. PR -070- Add window in office 258- $792 5. RCO -052- Landscaping changes- $3,730 6. RCO -058- Add plywood backing roof penthouse - backcharge- ($4,921) 7. RCO -087- Additional Construction clean -up backcharges- ($2,668) 8. RCO -092- Kendell door backcharges- ($0) 9. RCO -093- Ford Metro backcharges- ($0) 10. RCO -094- Additional concrete sidewalk- $3,931 11. RCO -097- Hardware and lock revisions- $2,654 12. RCO -099- Add fire stop at elevator- $411 13. RCO -100- Provide water -water heatpump controls- ($0) 14. RCO -102- Provide soffit in room 103- $3,026 15. RCO -104- Provide steel lintel room 128B- $838 16. RCO -105- Additions to rough carpentry- $1,190 17. RCO -106- Caulking bay walls- $1,640 18. RCO -108- Provide correct fire pole- $24,866 19. RCO -110- Provide additional wood in stairway, ADA bench- $2,240 20. RCO -111- Provide steel embeds- $503 *The fire pole cost is a result of a mistake by our architects and we are pursuing them for costs. ATTACHMENTS: None N 16NI Agenda Information Memo June 7, 2010 Eagan City Council Meeting F. Proclaim June 8, 2011 as Arbor Day and the month of June 2011 as Arbor Month in the City of Eagan ACTION TO BE CONSIDERED: To acknowledge Eagan as the recipient of the 2010 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Wednesday, June 8 as Arbor Day and June, 2011 as Arbor Month in the City of Eagan. FACTS • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the 24 consecutive year. Each year the Parks and Recreation Department conducts an Arbor Da program which includes participation in a tree planting project. This year the 25 annual event will be held at Central Park. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. • To become a Tree City, a community must meet four standards: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. • Eagan has demonstrated progress in the following forestry activities: Publications, parks and open space, and improved ordinance. • The resolution was recommended for adoption by the Advisory Parks and Recreation Commission on May 16, 2011. • Receiving these awards acknowledges the City's efforts to minimize environmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. • This year's Arbor Day Celebration will be held at the newly constructed pavilion on the Festival Grounds of Central Park and will be combined with activities scheduled to take place at this year's first City of Eagan Market Fest. A special recognition is scheduled to commemorate the 10' anniversary of preserving and transplanting the Grandfather tree. Specific scheduled Arbor Day activities include: 4:00 pm — 8:00 pm Market Fest 5:30 pm — 5:40 pm Arbor Day welcome and introductions • At the new pavilion on the Festival Grounds 5:40 pm — 6:00 pm Arbor Day Ceremony • Poster Contest Winner Announcements 6:00 pm — 6:15 pm Celebration of the Grandfather Tree 10 Anniversary • Introduction of sponsors and special guests, short video, speakers • 10` Anniversary Commemoration & unveiling of Grandfather Tree project historical sign f�' l 6:00 pm — 7:00 pm Aunt Gussie and the Grandfather Tree Book signing by Kay Brown 6:15 pm — 7:15 pm Tree planting activities • Installation of oak tree • Installation of perennials and grasses • Park grounds near pavilion ATTACHMENTS: • Eagan Arbor Day and Eagan Arbor Month resolution on page qu— C�d CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan — purifying our air and water, helping conserve our soil, serving as a recreational settings, providing habitat for wildlife for all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of out City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree - planting programs; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Wednesday, June 8, 2011 to be ARBOR DAY and the month of June, 2011 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well -being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7 day of June, 2011. City Clerk 91 Agenda Memo June 7, 2011 City Council Meeting G. DECLARE a used Cascade Bay Drop Slide as Surplus Property and have it disposed of appropriately. ACTION TO BE CONSIDERED: Declare a used Cascade Bay Drop Slide as Surplus Property and have it disposed of appropriately. FACTS: • In 2010 anew ship slide was built at Cascade Bay on an existing slide tower that originally held two purple drop slides. • The retrofit of the slide tower and new construction eliminated one of the drop slides in order to add a two story spiral slide into the deep water. The surplus slide served Cascade Bay well for 11 years but can no longer be used on the tower as originally designed. • It was hoped that the construction contractor would have a use for the used slide and would offer a credit towards the construction of the ship slide, however they declined the opportunity. • Staff has been working with various entities to gauge an interest in the purchase of used slide components; however the interest has been minimal. • Staff will continue to pursue potential buyers through the Minnesota Recreation and Park Association and other facility outreach. If no buyers are identified within 30 days the slide will be disposed of according to City policy. ISSUES: • None (9:9 Agenda Information Memo June 7, 2011, Eagan City Council Meeting H. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR MIKE PAGGEN, MIDWEST TREE EXPERTS, LLC. ACTION TO BE CONSIDERED: To approve a tree maintenance contractor license for Mike Paggen, Midwest Tree Experts, LLC, 3013 d Street Southeast Apt 7, Rice, Minnesota. FACTS: ➢ Mike Paggen, owner of Midwest Tree Experts, LLC, has applied for a Tree Maintenance Contractor license for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): RE Agenda Information Memo June 7, 2011, Eagan City Council I. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (HERITAGE OF HIGHVIEV) ACTION TO BE CONSIDERED: To approve a one -year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single - family lots on approximately 1.7 acres on properties located at 1416 &1420 Highview the SE' /4 of Section 04. FACTS: ➢ The City Council approved the Preliminary Subdivision on June 6, 2006. ➢ One -year extensions of the Preliminary Subdivision approval have been granted annually since 2007. ➢ The applicant is requesting another one -year extension at this time. (Please see attached letter for explanation) ➢ The requested one- year extension would allow until June 6, 2012 for the plat to be recorded. ATTACHMENTS (3): Location Map, page Plat Map, paged Letter from Gloria Fritz, paga��T M Site ao o° oe 0 �a eeeo�ceeo � I��lAam �, ��eeoo se � �� vow �. � 0��ib]0 v� oao� �� } � �em oo 4 � _ $ � y ` � � Fo6Q�O o � _ , 1 54= �!a�� O � � _� vca��o�as � �� Ate. 0 - �QQ�O o'vA�� . �� ` � � , 0� ��JI PRO D� o V � grg �► �eO`��d,� �o as � � ` � �' � ® �Da:O RON Ooo� eo��, I��► 2 F + as W — .. n1c ..m.rca.n xvcu G J r t 9!'!6Z 3.OZ,.L005 � R I I It c� I w w uj ga I 8 y \ 8 1!1(100 mamm A A CC to L - - - -� L----- °- - - -- . I 6U 1W� - L U u j as 41. IS Se>T s d Y pit a a b G_ N W w w ace May 12, 2011 kNl:AY 1 1 % 20 To: City of Eagan — Planning Department From: Gloria Fritz - Heritage of Highview Development (651- 755 -0824) - 1416 — Highview Avenue, Eagan Matt Youness — 1420 — Highview Avenue, Eagan, MN. 55121 I am writing to ask for an extension of our approved development (Heritage of Highview) for another year — The reasons for the extension: - Financing for New Home Buyers is difficult to secure for the Buyers - Cost of Construction "too high " / which reflects on the cost of New Home(s) - The economy is very "soft" - and lots of unemployment - The type of Executive Type of Home we want for the development is more on the "upper bracket /type home buyer /builder - An over - abundance of "short sale homes" have flooded the market Thank you for your cooperation Extension fee is enclosed: ($75.00) U00 W oria Fr' z — Deve per/ Heritage of Highview Development a� Agenda Information Memo Eagan City Council Meeting June 7, 2011 J. DIRECT PREPARATION OF ORDINANCE AMENDMENT TO ESTABLISH A TIMELINE FOR THE COMPLETION OF EXTERIOR FINISHES ACTION TO BE CONSIDERED: To direct the preparation of an ordinance amendment to establish a timeline for the completion of exterior materials under building permits FACTS: • For a number of years, the City Council has included expanded property maintenance efforts as one of its goals for the organization and the community. One aspect of this effort relates to encouraging property maintenance within neighborhoods. • Private reinvestment in neighborhoods through additions and remodeling supports this goal and often homeowners undertake improvements on their own to create sweat equity. From time to time, such projects will go on over a period of months or years as the property owner's time permits and, provided some work is done at least once in the most recent six months, a permit can remain open. • Occasionally, a property owner will choose to take an extended time to complete the exterior finishes or delay their completion. While an interior remodel generally affects only the property owner, delay of completion of an exterior can affect the appearance and value of the neighborhood. • Staff has become aware of a State law that permits cities to adopt local code requirements to require the completion of exterior work within a certain timeframe for building construction or additions. The statute states that the minimum amount of time that must be permitted is 180 days following the issuance of a permit. A number of cities have passed ordinances under this law to require all exterior work including siding, shingling, windows, etc. to be completed within 6, 9 or 12 months of permit issuance. • While it has not been a widespread problem, there are a number of properties in the City of Eagan that have maintained open building permits by continuing to do some amount of building activity on a regular basis, but the property owners do not complete the exteriors for long periods of time. • Staff believes that the consideration of the adoption of an ordinance requiring the completion of exterior work within a specified period would provide an additional tool for our Inspections and Code Enforcement personnel to maintain the integrity and value of properties and neighborhoods. ATTACHMENTS: None IS Agenda Information Memo June 7, 2011 Eagan City Council Meeting K. CONTRACT 10 -20, POND SEDIMENT REMOVAL WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 and the final payment for Contract 10 -20 (Pond Sediment Removal — Water Quality Improvements) in the amount of $4,564.72 to Minger Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 10 -20 provided for the removal of sediment collected in storm water ponds connected to the City's storm drainage system for water quality benefits, as programmed for 2010 in the City's 5 -Year Capital Improvement Program (2010 -2014) and as authorized by the City Council under City Project 1036. • The ponds were selected as part of routine inspections of the storm drainage system, including storm water ponds, that are required as part of the City's Municipal Separate Storm Sewer System (MS4) permit. • The change order provides for the following: • Deletion of the construction activity associated with Pond BP -29, due to the inability to acquire timely access to the drainage and utility easement over the pond. The early winter conditions and lack of frost in the ground outside of the street sections made access to the site challenging. The sediment removal at Pond BP -29 may be added to a similar contract planned for 2011. (DEDUCT $19,770.40). • 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 a cost reduction of $19,770.40 (47.1% of original contract). The reduced cost of the eliminated work under the change order will benefit the City's Water Quality Renewal & Replacement Fund. • The remaining improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. �� Agenda Information Memo June 7, 2011 Eagan City Council Meeting L. CONTRACT 11 -01, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 11 -01 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -01 provides for the street improvements of: o Park Knoll Addition (Project 102 1) o Wilderness Ponds Addition (Project 1039) o Fairway Hills Addition (Project 1040) o Clearview Addition (Project 1044) o Galaxie/ Cliff Plaza (Plaza Drive) (Project 1045) o Blue Cross Road (Project 1048) o Wilderness Run Road (Project 1049), and parking lot/ driveway improvements of: o George Ohmann Park o Trapp Farm Park o Cliff Road Water Booster Station driveway. • On March 15, 2011, the City Council awarded the base bid for Contract 11 -01 for these improvements. • Change Order #1 provides for the repair of underlying materials to provide a compacted subgrade on Blue Cross Road (Project No. 1048) not originally anticipated under the contract. • The change order provides for a total ADD of $7,500.00 (0.5% of original contract). The cost of the additional work will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. 3I Agenda Information Memo June 7, 2011 Eagan City Council Meeting CONSENT AGENDA M. QUIT CLAIM DEED — CSM EAGAN ACTION TO BE CONSIDERED: Approve quit claim deed to CSM Eagan LLC and authorize mayor and clerk to execute all related documents. FACTS: • In 2000, the City of Eagan purchased land from Joe Miller Farms through the Opus Corporation for the future Central Park. Some of this land was subsequently transferred to Lockheed Martin in exchange for other rights of way acquisition needs for the Central Parkway ring road. • Many of these parcels were odd shaped unplatted properties with lengthy and complex legal descriptions. Subsequently, there was a small triangular piece of remnant property (less than 10 square feet) that was unintentionally left out of the conveyance description from Joe Miller Farms, Inc. • As part of Lockheed Martin's sale of the property to CSM Eagan LLC, a title search discovered this omission and Lockheed Martin requested the City to allow the conveyance of this remnant parcel from Joe Miller Farms to them directly without having to go through a subdivision or platting process. On May 17, the Council approved this waiver. • CSM Eagan recently purchased the LM property and is now requesting that the City also formally extinguish any possible lingering rights to this small parcel by executing a Quit Claim Deed to them as the new owners. • This request has been reviewed by the City Attorney's office and found to be in order for favorable consideration by the Council. ATTACHMENTS: • Quit Claim Deed, Description and Sketch of remnant parcel, pages through — 3.5 3a (Top 3 inches reserved for recording data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.3.5 (2006) DEED TAX DUE: $ 1.65 DATE: 2011 (month/day/year) FOR VALUABLE CONSIDERATION, City of Eagan (insert name and marital status of each Grantor) a municipal corporation under the laws of Minnesota ( "Grantor"), hereby conveys and quitclaims to CSM EAGAN, L.L.C., a Delaware limited liability company (insert name of each Grantee) ( "Grantee "), real property in Dakota County, Minnesota, legally described as follows: See Exhibit A attached hereto *The consideration for this transfer is less than $500. Check here if ail or paft of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances. Check applicable box: ® The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor City of Eagan (name of Grantor) By (signature) Its: Mayor (type of authority) By (signature) Its: Clerk (type of authority) Page 1 of 3 886966 83 Page 2 of 3 State of Minnesota, County of Minnesota Uniform Conveyancing Blanks Form 10.3.5 This instrument was acknowledged before me on , by (month/day /year) and by (name of authorized signer) (name of authorized signer) as Mayor (type of authority) as Clerk of the City of Eagan, a municipal corporation under the laws of Minnesota, on behalf of the corporation. (type of authority) (name of Grantor) (Seal if any) (signature Title (and Rank): My Commission expires: (month/day/year) Drafted by: TAX STATEMENTS FOR THE REAL PROPERTY Messerli & Kramer P.A. DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Paul W. Anderson, Esq. 100 South Fifth Street, Suite 1400 CSM EAGAN, L.L.C. Minneapolis, Minnesota 55402 500 Washington Avenue South, Suite 3000 Phone: (612) 672 -3600 Minneapolis, MN 55415 OT Exhibit A Description Sketch For - LOCKHEED AfARTIN LINE DESCRIHE) IN UNERAL WARRANTY )EP: [)0C1 140. 168)"0 J L' Y w r� h',A'CT ,4 & OF '_O 2 i 7 PROPOSED GORE DESCRIPTION That part c' Lot 2. Block I, UNrYS °ARK 2ND ADDITION, Oakum County, Nlrresata. lying westerly & a lire described as commercirg a' the rorthwes- ocrrer of said Lot 7; thor:c North H9 augur's 5c) r•'ir 78 :,nos E --. ii —trrod hcimi q. along the rcrth lire cf said Lot 2 a distance of 919.34 fee: to ;he point of begirrirg of said lire; thence South 48 degrees 7.5 mir.ites 10 ne—rds East a distar:.' o� H49 -71 foot: +,:rca S:nJth :) dagrros 17 r,ir,,tus i- ' conds East f] distarce of 45d.C4 teet to the south lire c' said Lot 2, and said lire there ccnr `Snid part e! Lot e :lock I. bein a par: of the above described property lyirg -r•,ch rly n -1 r 1 ,11 —ing descrihed lire- Ccrrcrcirg of the rorlFcas-. ;:error of Lo: I, i?Icck I, JKIS'YS -ARK 7 A )i MON; thcccc scuttcrly ulurg the cost lira c said Lot I a distance of 105 CO fat! is tia point of beglnrir. - of said line; cherce westerly de9ectirg to :he rig,: 85 degrees .,C I. Ir D(: .ur:Is 19.IH . Than r "' ( -r w: -'only 716.' hart al ar ong o tnrgtiol carve c.-- to ' the scut, hovirg a rad.— o f 1 .40 *0 feet ord a rertr al argle of X tl decrees J9 r ra es 54 oecords; hence westerly ,.rger to :he la described ..0 m. N9. 6 so- tl cr c r utl.urly dlitl(N irg 70 lit' ri,h' 9O 1 ,jt s ' 0 mire 0 s'ee'ds 10 0 nee-; 'fierce westerly 411.92 `eet alcrg a curve corcava to the north w1 use nadiut; pcirr i�: lar.ared ur the northorly sxt'nsian of tLa last dos:a ib'd line and having a rndus -;f 77(1.00 feet ord o central or -A .57 dagreas � ,5 minutes r II s,eccrds; tFerce westerly :angert :a the last described curve 188.29 feet; thence wcsc .rtherly crly, so,Fh wes:rrly ord so /81.C.5 tact along a tarocrtlal carve cercave, - ,0 uc e s heas! bovinq a radlas of 5UQ00 feet and a control angle le of 89 egrees .% riru.es Of,' records and said lire -here terrinating I hereby certify that this sketch, plar, or report was prepored by ir-r. ;a order m direct and that I r11 a :I,Jly Li—,i -,d Lnnd S,uveyrr order -he y ,. laws of the State of k1irrescta. wwipe _: Dated :his 28th Jay of April, 2011. .F S.1ND LANf`. SURVEYING. LLC. ,...., w nod!:.• h . y: — — ---- - - - - -— Arlen .I, r 1st 11,S. Nir, Lic. Nc. 44:3..2 r ssSUNDE Nal �.fi e 9001 Eaar 31oari, nee.a, (358) • �u,te 118 llnom,rytan, vnneao<o '15120 -S+SS �S YS % -tl81 -Y North UtNce tltltl -YSI6) JDu I -fc +_+ ia4,a+ i.Jr. RJ3 S.OV )CaJlw+_aap,G.a y/J' �.mL 40•0OI1'1 Hi kl, ruk. Mien 183 -784 -9346 -3- 886966 r E PA17KWA CENTR LINES .`ESCRIBED IN =ARCEL 2()F TITLE SOOi,i �!Ni V .::iNNITNEVT I r IIRO`(F,E) GORE :ESCRIPTION --` 49 S0. FT LINE DESCRIHE) IN UNERAL WARRANTY )EP: [)0C1 140. 168)"0 J L' Y w r� h',A'CT ,4 & OF '_O 2 i 7 PROPOSED GORE DESCRIPTION That part c' Lot 2. Block I, UNrYS °ARK 2ND ADDITION, Oakum County, Nlrresata. lying westerly & a lire described as commercirg a' the rorthwes- ocrrer of said Lot 7; thor:c North H9 augur's 5c) r•'ir 78 :,nos E --. ii —trrod hcimi q. along the rcrth lire cf said Lot 2 a distance of 919.34 fee: to ;he point of begirrirg of said lire; thence South 48 degrees 7.5 mir.ites 10 ne—rds East a distar:.' o� H49 -71 foot: +,:rca S:nJth :) dagrros 17 r,ir,,tus i- ' conds East f] distarce of 45d.C4 teet to the south lire c' said Lot 2, and said lire there ccnr `Snid part e! Lot e :lock I. bein a par: of the above described property lyirg -r•,ch rly n -1 r 1 ,11 —ing descrihed lire- Ccrrcrcirg of the rorlFcas-. ;:error of Lo: I, i?Icck I, JKIS'YS -ARK 7 A )i MON; thcccc scuttcrly ulurg the cost lira c said Lot I a distance of 105 CO fat! is tia point of beglnrir. - of said line; cherce westerly de9ectirg to :he rig,: 85 degrees .,C I. Ir D(: .ur:Is 19.IH . Than r "' ( -r w: -'only 716.' hart al ar ong o tnrgtiol carve c.-- to ' the scut, hovirg a rad.— o f 1 .40 *0 feet ord a rertr al argle of X tl decrees J9 r ra es 54 oecords; hence westerly ,.rger to :he la described ..0 m. N9. 6 so- tl cr c r utl.urly dlitl(N irg 70 lit' ri,h' 9O 1 ,jt s ' 0 mire 0 s'ee'ds 10 0 nee-; 'fierce westerly 411.92 `eet alcrg a curve corcava to the north w1 use nadiut; pcirr i�: lar.ared ur the northorly sxt'nsian of tLa last dos:a ib'd line and having a rndus -;f 77(1.00 feet ord o central or -A .57 dagreas � ,5 minutes r II s,eccrds; tFerce westerly :angert :a the last described curve 188.29 feet; thence wcsc .rtherly crly, so,Fh wes:rrly ord so /81.C.5 tact along a tarocrtlal carve cercave, - ,0 uc e s heas! bovinq a radlas of 5UQ00 feet and a control angle le of 89 egrees .% riru.es Of,' records and said lire -here terrinating I hereby certify that this sketch, plar, or report was prepored by ir-r. ;a order m direct and that I r11 a :I,Jly Li—,i -,d Lnnd S,uveyrr order -he y ,. laws of the State of k1irrescta. wwipe _: Dated :his 28th Jay of April, 2011. .F S.1ND LANf`. SURVEYING. LLC. ,...., w nod!:.• h . y: — — ---- - - - - -— Arlen .I, r 1st 11,S. Nir, Lic. Nc. 44:3..2 r ssSUNDE Nal �.fi e 9001 Eaar 31oari, nee.a, (358) • �u,te 118 llnom,rytan, vnneao<o '15120 -S+SS �S YS % -tl81 -Y North UtNce tltltl -YSI6) JDu I -fc +_+ ia4,a+ i.Jr. RJ3 S.OV )CaJlw+_aap,G.a y/J' �.mL 40•0OI1'1 Hi kl, ruk. Mien 183 -784 -9346 -3- 886966 r E Agenda Information Memo June 7, 2011 Eagan City Council Meeting N. TRANSPORTATION INFRASTRUCTURE NEEDS ANALYSIS 2011 UPDATE ACTION TO BE CONSIDERED: Adopt the 2011 update of the Transportation Infrastructure Needs Analysis (2012 - 2030 +). FACTS: • On January 21 & 22, 2005, the City Council held a goal setting retreat and established a goal to - " Secure Funding sources to expand Eagan's transportation infrastructure to meet the transportation needs of the community". In response to the Council's directive to pursue this goal, staff initiated a study called the Transportation Infrastructure Needs Analysis (TINA) covering a 20 year period from 2006 to 2025. • At the May 10, 2011, Council Workshop, the Public Works Department presented an update of the TINA for 2012 - 2030 +. After a staff summary and discussion, the Council accepted the proposed analysis as presented for future financial consideration. • As part of the TINA, cost projections were calculated for the future preservation or reconstruction needs for every street segment over the next 20 years to meet and maintain the City's current Pavement Condition Index (PCI) goal of 75. The TINA update indicates an estimated total cost of $73.74 million ($3.687 million/year) will be required for these preservation needs. The TINA indicates that the average PCI goal of 75 has shown to be the most economical index rating and an appropriate Pavement Management goal. • New or expanded infrastructure addresses major improvement projects that are needed to satisfy capacity or safety issues within the City of Eagan. Projects included within the TINA have been proposed by three jurisdictions — the City of Eagan, Dakota County, and the Minnesota Department of Transportation (Mn/DOT). • Total future funding needs for short and long -term major transportation system infrastructure improvements is estimated at $1.128 billion for the twenty year planning period across all jurisdictions. Eagan's share of this amount is estimated to be $81.84 million ($4.09 million/yr. • Council decisions since the original TINA was prepared have enhanced the future outlook for the City. While the updated (2011) expenditure need has increased to $156 million (vs. $135 million in 2005), the funding shortfall has decreased to $31 million (vs. $58 million in 2005), reducing the annual funding shortfall from $2.88 million to $1.57 million. • With the acceptance of the TINA update, the City Council will be more fully prepared to best address financial considerations in preparation of the City's 2012 budget and beyond. • A copy of the new TINA update will be posted on the City's web site for easy reference by all interested parties. ATTACHMENTS: • TINA (2012- 2030 +), attached without page numbers 3( Agenda Information Memo June 7, 2011 Eagan City Council Meeting O. CONTRACT 11 -07, SCHWANZ LAKE RAIN GARDENS ACTION TO BE CONSIDERED: Approve the final payment for Contract 11 -07 (Schwanz Lake Rain Gardens) in the amount of $1,104.20 to Urban Companies, and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 11 -07 provided for the completion of the rain garden improvements within the nearly 30 acre direct drainage area north of Schwartz Lake that began in 2009. 6 rain gardens were constructed under this contract to add to the 19 others constructed in the Golden Meadow Neighborhood over the past two years. This contract was the third and final phase of rain gardens anticipated to be constructed in this drainage district as authorized by the City Council under City Project 1014. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 3q Agenda Information Memo June 7, 2011 Eagan City Council Meeting DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements on Lot 1, Block 1 Gopher Eagan Industrial 3` Addition and Lot 1, Block 1 Gopher Eagan Industrial Park 6' Addition, and schedule a public hearing to be held on July 5, 2011. FACTS: • On May 18, 2011, City staff received a petition from John Tapper, representing Gopher Resource Corporation, requesting the vacation of all public drainage & utility easements within Lot 1, Block 1 Gopher Eagan Industrial 3` Addition and Lot 1, Block 1 Gopher Eagan Industrial Park 6th Addition. • Public easements were dedicated with the original platting of these lots to provide for public drainage and utilities. • The purpose of the request is to allow the recording of a re -plat of the properties. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The re -plat of these properties (Gopher Eagan Industrial 8 Addition), also scheduled for Council consideration on July 5, will address all necessary public drainage & utility easements on this property. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: 2 • Legal Description/ Graphic, page 2 I • Location Map, page � . • 4 ��Q DENOTES EP.SMENTS TO BE \/PCATED c3 ;mc ---- ----- ----- ---- YANKEE DOODLE RD. (CO.RD.) 5/28/201 1 Proposed Drainage and Utility Easement Vacations City of Eap Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Add. & Fig. 2 Engineering Department Lot 1, Block 1, Gopher Eagan Industrial Park 6th Add. a 494 x L I Zff- Proposed Vacation � �� w Location M ,�� Q o o p z a ('♦' YANKEE DOODLE RD. �p WESC \,Q W 0 C.5 W t DIFFLEY ROAD \\ RJ�� \ \� v 5/28/2011 Proposed Drainage and Utility Easement Vacations City of Eagan Lot 1, Block 1, Gopher Eagan Industrial Park 3rd & 6th Add. Fig. 1 Engineering Department Location Map Agenda Information Memo June 7, 2011 Eagan City Council Meeting Q. WINTER TRAIL MAINTENANCE PROGRAM (2011 -2012) ACTION TO BE CONSIDERED: Approve Specific Additions and Modifications to the Winter Trail Maintenance Program as endorsed. FACTS: • In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system adjacent to collector /arterial streets (currently 72.93 miles of 113.55 mile trail system). • Part of that program includes a policy that, among other things, stipulates that the Council will review all requests and new additions for possible modification of the most current adopted plan. In 2003, the Council amended its Policy to require that all future requests be reviewed by the Council at the first available work session after April 1st before formal consideration at a regular Council meeting. • At the May 10 Council workshop, the Council received and considered 15 segments resulting from 2 Citizen Petitions (CP) and 8 New Trail (NT) segments constructed in 2010, 1 Staff Recommendation (SR) and 4 School Walking Routes (SWR) resulting from a change in the Transportation Bussing Policy for ISD 196. As a result of that workshop discussion, the following, endorsements were reached by consensus: 1. CP #1 (West Side of Pilot Knob Rd — Lone Oak Rd to I -494) • Endorsed the petitioned request to switch the maintained trail segment from the East side to the West side between Lone Oak Rd and Corporate Center Dr. This will provide improved safety and better continuity along the west side for commuter bike users by eliminating the need to cross Pilot Knob Rd at Lone Oak Rd and again at Corporate Center Dr. This switch results in no net increase in the Winter Maintenance Program due to the transfer of equal segment lengths. 2. CP #2 (North Side of Lone Oak Rd — Lexington Ave. to Lone Oak Circle) • Denied — This requested segment does not provide continuity to any significant destination or retail center and appears to be primarily for recreation purposes. 3. NT #1 (South Side of Duckwood Dr — Federal Dr to Pilot Knob Rd) • Endorsed - This new trail segment is currently under construction with the Overpass. It will provide a critical link along the completed Ring Rd connecting high density and residential areas on the west side of I -35E to the retail centers and transit station located along Pilot Knob Rd and Town Center to the east. It results in adding 1,110 feet (0.21 miles) as a Priority Level 3 Route. 4. NT #2 (Federal Dr — Violet Lane to Blackhawk Hills Rd) • Endorsed - This new trail segment will add connectivity to winter maintained trail segments along Pilot Knob Rd, Duckwood Dr. Federal Dr and Yankee Doodle Rd. It results in adding 1,900 ft (0.36 miles) as a Priority Level 4 Route. 5. NT #3 (South Side of Gold Trail — Cedar Grove Parkway to Woodhaven Park) • Denied — While this segment may prove more beneficial when the Cedar Grove Redevelopment progresses further, it currently doesn't have either the population or retail center base necessary to justify adding it at this time. Z/ 1 Agenda Information Memo June 7, 2011 Eagan City Council Meeting Q. WINTER TRAIL MAINTENANCE POLICY & PROGRAM (2011 -2012) (Continued) 6. NT #4 (North Side of Duckwood Dr and Wet Side of Wescott Woodlands — Falcon Way to Yankee Doodle Rd) • Denied — This newly constructed segment does not provide continuity to any existing winter maintained system and tends to fit more into the local residential neighborhood category. 7. NT #5 (North Side of Station Trail — Wescott Woodlands to west dead -end) • Denied — This segment does not provide connection or continuity to any existing winter maintained system. 8. NT #6 (Same as NT #4) 9. NT #7 (West Side of Denmark Ave. — Northwood Pkwy to Clubview Dr) • Denied — This newly constructed segment would only provide limited continuity to the existing trail on Northwood Pkwy. Did not appear to have the necessary residential or retail base necessary to generate potential use. 10. NT #8 (East Side of Blackhawk Rd — Cliff Rd to Beecher Dr) • Denied — This newly constructed segment does not provide connectivity to any existing maintained trail segment. 11. SR #1 (East Side of Lexington Ave — Diffley Rd to Wescott Rd) (Includes by default SWR #2 - Northview Elementary) • Endorsed the recommendation to switch the maintained trail segment from the West side to the East side between Diffley Rd and Wescott Rd. This will serve a greater residential population base on the east side of Lexington Ave and will connect the designated elementary school walkers from the Lexington Hills Apartment complex to the maintained trail along the north side of Diffley Rd serving Northview School. This switch results in no net increase in the Winter Maintenance Program due to the transfer of equal segment lengths. 12. SWR #1 (Woodland Elementary), SWR #3 (Oak Ridge Elementary) & SWR #4 (Thomas Lake Elementary) • Deferred till later date — Staff was directed to meet with ISD 196 for further discussions on possible cost participation on the proposed addition of 8,500 feet (1.6 miles) of new sidewalks and trailways. • The result of the Council's deliberative evaluation will add a net increase of 3,010 ft (0.57 miles) to the current Winter Trail Maintenance Program to be performed with in -house resources and this information was then directed to the June 7 Regular meeting for consideration of formal adoption. ATTACHMENT: • Location map of all segments, enclosed on pag . F ra Winter Trail & Sidewalk Maintenance Route Considerations for 2011-2012 WTI City of Cap Plowed In 2010-2011 Citizens Petition - CP#1,2 New Trail - NT#1-8 Staff Recommendation - SR#1 School Walking Route - SWR#1-5 43 1.250 2,503 3,750 5,000 Feel Date: 5,2/2011 Prepared by: City of Eagan Street Dept., SP File: L:I...Icmlstreetsttrails1plowrteslll_1218x11_roufe considerations 11_12.mxd Agenda Information Memo June 7, 2011 Eagan City Council Meeting R. WINTER TRAIL MAINTENANCE POLICY ACTION TO BE CONSIDERED: Approve Revisions to the Winter Trail Maintenance Policy, including New Priority Response Plan. FACTS: • In 1996, the Council adopted a formal Policy for the Winter Maintenance of Sidewalks and Trailways. This Policy has been periodically reviewed and subsequently revised in 1998, 2003 and 2008. As a result of operational experiences endured during the recent 4 largest snow fall season (2010- 2011), the staff again presented several updates and proposed revisions to this Policy for consideration at the May 10 Council Workshop. • In addition to minor housekeeping revisions, other modifications would help to minimize the City's liability exposure for damage claims. As a result of the Council's deliberative review of the proposed Policy updates, they further added a 6 Criteria to the Policy for use in evaluating future requests to add segments to the approved Winter Maintenance Program. This Council addition is highlighted in the attached modified Policy that already incorporates the previously endorsed revisions reviewed at the May 10 Workshop. The Council directed this Policy with the referenced modifications to the June 7 Regular meeting for consideration of formal adoption. • A major update to the Policy also involved the added inclusion of a new Priority Response Plan. The adoption of this plan would not only allow the most efficient deployment of limited staff resources and equipment, but will also help to better inform the public and manage their expectations when routine completion schedules are compromised by unusual conditions. It creates 4 priority levels of response. Every segment of the current approved Winter Trail Maintenance Program has been assigned a priority level under this proposed response plan. ATTACHMENTS: • Winter Trail Maintenance Policy - Revised, enclosed on pages4,5 through • Priority Response Plan - Policy, enclosed on pages tlna� • Priority Response Plan - Map, enclosed on page. CITY COUNCIL POLICY SUBJECT: WINTER MAINTENANCE OF SIDEWALKS AND TRAILWAYS DATE ADOPTED: October 15, 1996 REVISED: June 2, 1998; April 15, 2003; Sept. 16, 2008; June 7, 2011 Background In response to numerous requests to have the City's sidewalk and trailway system maintained year around, the City Council adopted a formal policy in October of 1996. After an initial trial period of evaluating two seasons of winter maintenance on a limited segment (3.8 miles) of trails and sidewalks, the City Council expanded the program in June of 1998 to include 56 miles deemed necessary to meet the basic pedestrian needs of the community. Every year since then, the Council has carefully reviewed all requests for additions or changes to the approved system. When the original program was first initiated, the Council also evaluated the cost and time frames associated with providing this new service with City personnel and equipment or through private contractual services. Up until 2008 -09, the City had contracted out this service delivery program. However, State legislation, budget constraints and economic projections resulted in a need to change the way this Winter Trail Maintenance Program was provided without reducing the number of trails themselves. The Park System plan states "Prudent decision making regarding snow plowing must consider the actual amount of trail use gained given the level of investment required ". Subsequently, the 2009 Budget process eliminated funds for the continued use of contractual services, requiring this service delivery program to be performed solely with City resources as a secondary priority to the City's larger Snow and Ice Control program for local streets. Purpose The City of Eagan developed a formal policy in order to respond in an orderly, consistent, and fiscally responsible manner to the desires of the community for a basic Winter Trail and Sidewalk Maintenance Program. After reviewing the extent of sidewalks and trails that exist within the community, the City Council has continually reviewed and determined which of those segments meet the City's basic criteria for inclusion in a winter maintenance program. Criteria The updated plan adopted by Council action on June 1, 2010 incorporates approximately 70.0 miles of the current 114 mile system. The following criteria will be used to determine whether a segment of sidewalk and/or trailway should be included in the winter trail maintenance program: 1. Trails along Maior Arterial Roads These are thoroughfare roads with 4+ traffic lanes, traffic volumes greater than 5,000 vehicles per day and speed limits of 45 mph or greater. 2. Trails along Community Collectors These are thoroughfare roads with 2 traffic lanes (with safety lanes /shoulders) or 4 full lanes of traffic with volumes greater than 3,000 vehicles per day and speed limits from 35 -45 mph. '�-S 1.3. Trails aloniz Neighborhood Collector Streets These are local streets approximately 1 mile in length with 2 traffic lanes (with safety lanes /shoulders), traffic volumes less than 3,000 vehicles per day and speed limits of 35 mph or greater. 4. Local School Walking Routes These are trails and sidewalks that are relied upon by the school districts for designated walkers under their bus transportation policy. 5. Transit Routes These are trails and sidewalks that are located along scheduled transit routes with designated transit stops (i.e. signs, shelters, benches or stations) maintained by the MVTA and are also located within or adjacent to high density residential areas, retails centers or high density employment centers. 5.6. The Council's discretion will be used to designate other segments as necessary to provide continuity, designated recreational loops, etc. Operational Policies Specific operational policies are hereby adopted to implement a Winter Trail and Sidewalk Maintenance Program on an efficient, prioritized and equitable basis as conditions and resources allow. These Operational Policies will be evaluated periodically by the City Council as necessary to determine the appropriateness of discontinuing, maintaining or modifying the program. 1. Snow removal operations will be performed with City staff and equipment. 2. Snow fall attributes and operational responses can vary significantly by event and seasonal occurrence. The City will attempt to complete all sidewalk and trial snow removal operations as quickly as possible. However, depending on the severity of the snow event, the moisture content, temperature, seasonal accumulation totals, frequency of back to back storms and other weather prediction factors, this may take up to several weeks. a. Sidewalk and trailway snow removal operations will be performed only after a minimum of 2" of snow has accumulated resulting from a snowfall event. b. Accumulations resulting from drifting and/or depositions resulting from public street snow removal operations will be performed as determined necessary by the City. c. City -wide snow removal operations on trails and sidewalks will begin after all public street snow removal operations have been completed and/or when deemed necessary by the City in coordination with public street snow removal operations. d. Snow removal operations on trails and sidewalks will be performed by City personnel only during the standard work day (7:00 am to 3:30 pm, M -F). e. Due to the varying width of sidewalks and trails combined with the different types of specialty equipment necessary to maintain them, designated trails and sidewalks will be grouped into districts by attributes and location with a progression plan based on efficiency. For heavier snow events, excessive seasonal accumulations or back to back storm events, it may become necessary to modify the normal progression based on a Priority Response Plan approved by the Council. Priorities will take into consideration walking routes to schools, high density residential neighborhoods, major retail commercial centers, transit stops, and efficient use of equipment resources. 3. The level of service will be limited to what can be provided by mechanical equipment. Due to the limitations of mechanical equipment and trail irregularities, pathways may not be cleared or maintained to a dry pavement standard. No hand `6 work will be performed by the City. Surface irregularities and slippery conditions may result. No ice control (sanding or salting) will be performed by the City. 4. It is to be expected that snow can be plowed, blown, swept or dumped on public right -of -way and drainage easements on either side of the sidewalk/trail as needed for the best efficiency of operation. 5. Reasonable attempts will be made not to deposit excessive snow in driveways and/or private sidewalks if is operationally or mechanically controllable. However, the removal of any plow spillage that may result will be the responsibility of the adjacent property owner and/or occupant. 6. The City will not be responsible for sand, salt or incidental plow damage to turf or driveways, nor irrigation systems, fencing or any landscaping improvements located within public rights -of -way or adjacent drainage easements. Any related repair will be the responsibility of the adjacent property owners and/or occupant. 7. In order to perform snow removal operations, pathways must remain free of any obstructions (i.e., vehicles, refuse containers, play equipment, implements, etc.) until the pathway snow clearing operation has been completed. If obstructions are encountered, the City's operation may skip portions of the affected property frontage and the subsequent removal will be the responsibility of the adjacent property owner and/or occupant. 8. School districts will be expected to perform snow removal operations on those segments of public trails and sidewalks adjacent to their property as necessary to accommodate designated walkers according to their bus transportation policy. Plan Adoption The sidewalks and trails designated to be maintained by the City of Eagan will be so referenced on the most recent map adopted by Council action and kept on file in the Department of Public Works. Process for Modifications to Approved Plan With approximately 39% of the system not being maintained and new trail /sidewalk segments being constructed each year, it is anticipated there will be requests for other segments to be added. Due to the cost and/or time to add additional segments to the overall maintenance program, it is necessary that a need and benefit be demonstrated to justify additions to the Winter Trail Maintenance system. Subsequently, no public request will be considered unless accompanied by a petition of at least 50 property owners or employees of businesses located within 1/2 mile of the segment to be considered. All requests /petitions must be submitted in writing by April I'`. They will then be presented to the Council at the next available Council Workshop with formal action taken at a subsequent regular Council meeting for possible inclusion into the following season's program. 47 CITY COUNCIL POLICY SUBJECT: PRIORITY RESPONSE PLAN FOR WINTER MAINTENANCE OF TRAILS AND SIDEWALKS DATE ADOPTED: June 7, 2011 Background The City's Winter Trail and Sidewalk Maintenance Policy ( "Policy ") was adopted in 1998 and provides an orderly, consistent, and fiscally responsible response to the desires of the community for basic winter trail maintenance. The Policy provides: 1. Guidance on the identification of trail segments for potential inclusion in the winter maintenance program; 2. Operational guidelines for implementing the program as conditions and resources allow; and, 3. A formal process for modifications to the program. Purpose This Priority Response Plan ( "Plan ") supplements the Policy to provide a basis for determining trail plowing sequence in situations where conditions exceed available personnel and equipment resources. Criteria The following criteria will be used to determine trail plowing priorities: 1. Priority Level 1 Trails City Facilities used by the Public, along with those Ttrails and sidewalks that are relied upon by the school districts for designated walkers under their bus transportation policy that have been specifically pre- approved by the City Council. 2. Priority Level 2 Trails Trails and sidewalks which serve higher density residential areas, transit routes adjacent to higher density residential areas and/or multi -modal inter - community connections. 3. Priority Level 3 Trails Trails and sidewalks which are located in commercial areas or connect adjacent higher density residential areas to commercial areas. 4. Priority Level 4 Trails Trails which do not qualify as Priority Levels 1, 2, or 3. 5. Partial trail segments which fulfill the above criteria may be extended to provide connectivity and/or operational efficiencies. Operational Policies The following operational policies are intended to supplement the standard winter trail maintenance operations, as detailed in the Policy, when the Plan is applied. 1. The Transportation and Operations Engineer, or designated representative, will determine when the Plan is implemented. 2. Trails will be cleared beginning with Priority Level 1 trails and continue in numeric order to the next priority level when all segments of trail in a given priority level are cleared. 3. Operations will return to Priority Level 1 trails if additional snowfall of 2" or more is received prior to clearing all other priority levels. Plan Adoption The Plan will be so referenced on the most recent map adopted by Council action and kept on file in the Department of Public Works. Process The Plan may be updated annually by the Council as outlined in the Policy. New trail or sidewalk segments will be assigned a Priority Level at the time they are added to the Policy. Similar to requests for revisions to the Policy, requests for revising the Plan will be considered in accordance with the petition process identified in the Policy. Pa A B L D E F G H 1 J K L Winter Trail & Sidewalk Maintenance Routes 2011/2012 Plowing Priority Response Plan Cif1 of Eaau' z Trail & Sidewalk Plow Routes/Widt Priority 1 - 12.43 Miles 3 -- Priority 2 -18.78 Miles 0300 Priority 3 - 7.03 Miles ' Priority 4 - 30.5 Miles t Schools ¢ -- Plowed by School District - 2.49 mi p Elementary School Walking Area Middle/High School School Walking Area Total Boulevard Trails & Sidewalks = 116.49 miles _ �.r Plowed Trails & Sidewalks = 71.23 miles d i �+ 6 (InGuding ISD 196) S ... - t Vrkw Dcatle R0. 6 Me 5r1)lAtt eperM br Gry d Ee�n 1 ' 16ew M1 red Gpt fiH A 8 F mWreehVra epwnee\ �.'+ popdAlt 11 eMxee vyulpnd mw.ng waM sumxervrrsa (% ._ PlswaM p.� ):_` �t 'y 6 o icpo xpw pow x.morae ,.. ' /� , e 77 1 IN �i � 4 { 10 10 1 r _yJ \ GrW d 2 _ ., e�M1MtiH�w+ � !i IL.. 11 11 i 12 � Jf I u A B C D E F G H I J K L I Agenda Information Memo June 7, 2011 Eagan City Council Meeting S. WINTER TRAIL MAINTENANCE POLICY ACTION TO BE CONSIDERED: Approve Revisions to the Snow & Ice Control Policy. FACTS: In 1999, the City Council adopted a formal Snow & Ice Control Policy to govern and guide this service delivery program. The adoption of such a policy was also recommended by the League of Minnesota Cities Insurance Trust (LMCIT) to help protect the discretionary immunity provided to municipalities against claims relating to those actions and activities under that program. It was last updated on February 20, 2007. The current updates focus on three basic areas: 1) housekeeping revisions to reflect changes in Program Manager titles (i.e. Street Superintendent to Transportation & Operations Engineer) and City Code references; 2) the inclusion of reference to the State Statute exempting snow plow drivers from compliance with normal traffic regulations; and 3) the exclusion of fences located within public right of way and easements from City liability for snow discharge related damages. These proposed revisions and updates were reviewed and deliberated by the City Council at their May 10 Workshop. All proposed revisions were concurred with by the Council and directed to the June 7 Regular meeting for consideration of formal adoption. ATTACHMENTS: • Snow & Ice Control Policy update, enclosed on pages L through 5 7 4 1 by CITY OF EAGAN SNOW AND ICE CONTROL POLICY FOR CITY STREETS (Adopted by City Council on December 20, 1999) (Revised 02- 20 -07, 6- 07 -11) I. PURPOSE The purpose of this policy is to establish and maintain uniform definitions and procedures concerning snow and ice control operations at the City of Eagan. II. GOAL It is the goal of the City of Eagan Public Works Department to maintain City roadways during the snow and ice season to a bare pavement condition in order to assure delivery of emergency services and provide access to the motoring public. III. PROCEDURE The Transportation and Operations Engineer, or designated representative, will determine when to begin snow and ice control operations. In General: A. Any combination of snow, freezing rain, sleet and /or wind conditions contributing to drifting may require ice control or plowing operations to begin, depending on their effects to city roadways. B. Mainline plowing operations will occur upon the accumulation of approximately two or more inches of snow. C. Cul -de -sacs will be plowed to the center whenever possible with the intention of bulk snow storage in this area. Exceptions will be defined by the Transportation and Operations Engineer, or designee, after identifying a special need or circumstance. D. Full cul -de -sac plowing operations will usually begin approximately one to three hours after the mainline start time. E. The primary effort will be the plowing of all streets and the application of salt/sand or other chemicals at major intersections, steep grades or other critical areas. The secondary effort will be the application of sand /salt on lower volume roads. F. Removal of stored snow from bridges, medians, and intersections will occur as soon as practical after snow and ice control operations are complete. Normally, these efforts will occur during regular work hours. G. All plow routes will be checked and re- plowed as needed during regular work days following mainline plowing efforts. H. Additional plowing, scraping, winging back and /or application of chemicals or abrasives will occur as determined by the Engineer or designee. Whenever possible, these additional operations will continue during normal work shifts until the ice and /or snow is removed from the traveled areas of City roadways. I. Snow plowing and ice control on County roads is the responsibility of the Dakota County Transportation Department. State highways are the responsibility of the Minnesota Department of Transportation. Frontage roads for Minnesota State Highways and County roads are the City's responsibility. The City may assist in snow and ice control operations on these other jurisdictional roadways under emergency or mutual aid conditions. J. New subdivisions within the City of Eagan consisting of public right -of- way and streets to be ultimately transferred to the City for perpetual maintenance will be inspected by City personnel before October 15. The following minimum conditions must be met by November 15 in order for the City to assume snow and ice control responsibilities on these roadways: 1. All streets must have concrete curb and gutter with at least the first lift of bituminous surfacing completed. 2. All manhole and gate valve adjustments accessible and exposed at least 1/4" but no more than 3/4" below existing bituminous surface. 3. All permanent and /or temporary dead -end streets must have a temporary cul -de -sac constructed to City design standards. 4. Boulevard areas must be graded to current City standards and clear of all construction material and debris. 5. If only the first lift of bituminous surfacing has been paved, the transition from the first lift to any existing pavement or cross valley gutters must be ramped at all areas. 6. Hydrant flags must be installed. 7. Responsible parties must receive a written letter from the Public Works Department indicating the City will perform winter snow and ice control maintenance. Responsible parties who do not meet the November 15 deadline will be required to privately provide snow and ice control services to City standards. If they fail to provide the City standard level of service at any time, the City reserves the option to contract with private services or may employ City forces on an overtime basis to perform required operations. Costs will be recovered from the financial security provided by responsible parties for the subdivision /development. K. During extraordinary snow and ice events, additional personnel and equipment may be utilized to supplement normal mainline and cul -de- sac operations. During periods of extended continuous snowfall or freezing rain, operations may be performed on a limited scale and focused on arterial and collector transportation routes and emergency service delivery locations. L. The City has classified City streets based on the street function, traffic volume, and importance to the welfare of the community. Accordingly, snow and ice control routing is designed to provide the maximum possible coverage to higher volume safety sensitive areas first. 5 a M. The Engineer or designee will provide an updated mainline and cul -de- sac snowplow route plan by November 1 St each year. Specific personnel and equipment or contractual services will be designated to each route to provide maximum efficiency. Alternate equipment and personnel will also be part of the plan and the Engineer or designee will make every effort to cross -train city maintenance personnel wherever possible to assure competent personnel are available. N. The City recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operators engaged in snow removal or ice control on city streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with at least one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees. IV. ROADSIDE CONSIDERATIONS Snowplowing operations inherently deposit snow off the traveled portion of the public right of way onto the adjacent boulevard and drainage easement areas. The City will not be responsible for damage to any objects /amenities (fences, landscaping, etc.) located in these publicly dedicated areas. Garbage awaiting pick -up should be set back four to eight feet behind the curb line. Mailboxes must be installed as per City Standard Plate #610. A. Snow plow operators make every effort to remove snow as close to the curb line as practical and to provide access to mailboxes for the Postal carrier. However, it is not possible to provide perfect conditions and minimize damage to mailboxes with the size and type of equipment the City operates. Therefore, the final cleaning adjacent to mailboxes is the responsibility of each resident. B. The City replaces mailboxes that are damaged, broken or knocked down, but only if there was direct contact made by a City plow or City vehicle and provided the mailbox was installed and maintained to City and postal specifications. Those specifications require mailboxes be located at least 48" above the street level with the forward bottom corner of the mailbox located behind the back of the curb. Residents /owners notified by the City via U.S. Mail about mailboxes that do not meet City specifications are responsible and liable to repair /replace /maintain them in the event they are damaged as a result of the City's Snow and Ice Control operations until such time that the mailbox has been brought into compliance with City Standards. If a mailbox is deemed to have been in compliance with City standards and is damaged by a direct hit by a City plow or City vehicle, the property owner may either choose to have the City replace the damaged S3 mailbox with a City standard mailbox installation, or be reimbursed by the City for owner initiated repair /replacement at a cost not to exceed $50 for each support post/structure, $25 for each mailbox receptacle and $25 for each periodical /paper receptacles. C. Most of the mainline plowing vehicles are equipped with a front plow and side wing for two -pass plowing of most residential streets. Plows are angled to the right for plowing from the centerline of the street toward the outside edge of the street. A certain amount of snow will be deposited into driveways abutting curb lines. The City will not remove snow from driveway entrances regardless of whether it has been cleared of snow before the City vehicle arrives. The City does not plow private streets, accesses or driveways. D. Some sidewalks and trails are plowed by the City. Refer to the most current "Sidewalk/Trailway Winter Maintenance Program & Policy." (Sample Attached) E. The City will repair turf damage only on boulevards which was the direct result of plowing beyond the back of the curb. Turf repair will consist of placing black dirt and seed. All other damage within the public rights -of -way or drainage easements or to items installed in these areas without a City permit is the property owner's responsibility (i.e., shrubs, bushes, rocks, trees, irrigation systems, driveways, fences, etc.). V. PARKING REGULATIONS, CITY CODES AND STATE LAWS To help provide a safer and more efficient snow removal operation, the City Council has established parking regulations which are in effect from November 15 to April 15 of each year. A. Based on an odd /even address /day system, the restriction is in effect from 6:00 A.M. to 6:00 P.M. each day. Parking is allowed only on the odd numbered side of the street on odd numbered calendar days and only on the even numbered side of the street on even numbered calendar days. Parking is allowed on both sides of the street from 6:00 P.M. to 6:00 A.M. Any posted parking restrictions take precedent over this Odd /Even winter season regulation. Vehicles not in compliance with this seasonal parking regulation may be ticketed and /or towed. B. Placing of snow in the street or plowing across the street is prohibited by State law and City code. Snow placed in the street or on sidewalks and trails compounds maintenance problems and creates hazards for others. sq C. Reference to City code and State laws: MINNESOTA STATE STATUTE 169.42 Subd. 1. LITTERING OR PLACING REFUSE UPON HIGHWAYS OR ADJACENT LANDS, PRIVATE PROPERTY, PARKS OR PUBLIC PLACE: DROPPING OBJECTS ON VEHICLES. No person shall throw, deposit, place or dump, or cause to be thrown, deposited, placed or dumped upon any street or highway or upon any public or privately owned land adjacent thereto without the owners consent any snow, ice, glass bottle, glass, nails, tacks, wire, cans, garbage, or any other substance likely to injure any person, animal or vehicle. Subdivision 5. Any person violating the provision of this section shall be guilty of a misdemeanor. CITY CODE CHAPTER 7 SEC. 7.05. OBSTRUCTIONS IN STREETS Subd. 1. Obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any street without first having obtained a written permit from the Council, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. Subd. 3. Dumping in Streets. It is a misdemeanor for any person to throw, deposit, track or place onto any street any dirt, soil or clay, waste or abandoned products, including, but not limited to, any nails; soil; glass or glassware; cans; cloth or clothing; metal scraps; garbage; leaves; grass or tree limbs; paper or paper products; shreds or refuse; oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material, inadequately enclosed or covered, or to fail to remove any dirt, soil or clay from a motor vehicle thereby permitting the same to fall upon streets. It is also a violation of this Section to place or store any building materials or waste resulting from building construction or demolition on any street without first having obtained a written permit from the Council. Subd. 5. Snow in streets or on sidewalks A. Placement of snow or ice within street, sidewalk or tail right -of -way. No person, unless acting under a specific contract with the city or with special permission from the city, shall place snow or ice in any travel portion of any street, sidewalk or trail B. The owner or occupant of any property adjacent to a public sidewalk, or trail right -of -way who deposits snow or ice in any travel portion of any street, sidewalk or trail right -of -way shall remove the deposit snow or ice within 12 hours after notice is given by the city. If the owner or occupant fails to remove the snow or ice as required in the notice within the 12 hours, the city may perform such work and the owner or occupant shall be personally liable and shall pay the cost S-5 within 30 days of mailing of invoice by the city. When payment is not remitted as required herein, the city clerk- treasurer may, at the next meeting, present such information to the city council. The City Council may approve all or a portion of any snow remove costs as herein provided as a special assessment aginst the abutting property and such special assessments shall, at the time of certifying taxes to the county auditor, be certified for collection as other special assessment are certified and collected pursuant to Minn. Stat. §429.101. C. Violation. Any violation of this subdivision shall be a petty misdemeanor offense. Subd. 6 Continuing Violation. Each day that any person continues in violation of this Section shall be a separate offense and punishable as such. CITY CODE CHAPTER 9 SEC. 9.02. GENERAL PARKING PROHIBITIONS. It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places: 1) On a sidewalk or trailway; 2) In front of a public or private driveway or trailway; 3) Within an intersection; 4) Within ten feet of a fire hydrant or mail box; 5) On a crosswalk; 6) Within twenty feet of a crosswalk at any intersection; 7) In a sign - posted fire lane; 8) Within thirty feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; 9) Within fifty feet of the nearest rail of a railroad crossing; 10) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy -five feet of said entrance when properly sign - posted; 11)Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; 12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 13) At any place where official signs prohibit or restrict stopping, parking or both; 14) In any alley, except for loading or unloading and then only so long as reasonably necessary for such loading and unloading to or from adjacent premises; or, 15) On any boulevard which has been curbed. 61P CITY CODE CHAPTER 9 SEC. 9.03 RECREATIONAL CAMPING VEHICLE PARKING Subd. 1. Definition. The term "recreational camping vehicle" means any of the following: A. "Travel Trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "Travel Trailer" by the manufacturer of the trailer. B. "Pickup Coach" means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. C. "Motor Home" - A portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self - propelled vehicle. D. "Camping Trailer" - A folding structure, mounted on wheels and designed for travel, recreation and vacation uses. Subd. 2. Unlawful Act. It is unlawful for any person to leave or park a recreational camping vehicle on or within the limits of any street or right -of -way for a continuous period in excess of twenty -four (24) hours, except where signs are erected designating the place as a campsite or in a mobile home park. Provided, however, that during such twenty -four hour period, such vehicle shall not be occupied as living quarters. CITY CODE CHAPTER 9 SEC. 9.09. WINTER SEASON PARKING. Subd. 1. The winter season in which the following parking restrictions are applicable is hereby defined as beginning on November 15 of each year and continuing through April 15 of the following year. Subd. 2. Parking. A. On odd - numbered days parking shall be permitted only on that side of the street with odd - numbered addresses for a period of twelve (12) hours beginning at 6:00 A.M. and continuing until 6:00 P.M. B. On even - numbered days parking shall be permitted only on that side of the street with even - numbered addresses for a period of twelve (12) hours beginning at 6:00 A.M. and continuing until 6:00 P.M. C. The Director of Public Works, may post signs along the frontage roads located north and south of Diffley Road between Rahn Road and Nicols Road prohibiting parking on either side of the street until it is plowed to its full width following a snowfall of two (2) inches or more. The signs shall state "No Parking Both Sides until Plowed Entire Width 2 Inches of Snow or More ". Subd. 3. Impounding and Removing Vehicles. If any vehicle is parked, abandoned, or left standing in violation of the terms of this Section, the vehicle may be moved by the City in accordance with the terms of Section 9.12 of this Code entitled "Impounding and Removing Vehicles ". 57 CITY CODE CHAPTER 9 SEC. 9.10 TRUCK, TRAILER AND COMMERCIAL VEHICLE PARKING. Subd. 1. It is unlawful to park a detached semi - trailer upon any street, City -owned parking lot, or other public property except streets as specifically designated by the Council by resolution and sign - posted. Subd. 2. It is unlawful to park a semi - trailer, truck - tractor, or a combination thereof, within an area zoned as a residential district, except for the purpose of loading or unloading the same. Subd. 3. It is unlawful to park a truck of more than 9,000 pounds gross vehicle weight upon any street in the business district which has been duly sign - posted prohibiting the same, but parking of such vehicle for a period of not more than twenty (20) minutes shall be permitted in such space for the purpose of necessary access to abutting property while actively loading or unloading when such access cannot reasonably be secured from an alley or from an adjacent street where truck parking is not so restricted. Subd. 4. It is unlawful to park a truck or other vehicle using or equipped with a trailer, or extended body or other extension or projection beyond the original length of such vehicle, or any passenger bus, diagonally along any street except for a time sufficient to load or unload, and in such case, only parallel parking shall be permitted. Provided, however, that truck may stand backed up to the curb if the weight or bulk of the load makes parallel parking impracticable, but then only for a period of time sufficient to load or unload. Subd. 5 . Parking of commercial vehicles is permitted in duly designated and sign - posted loading zones, and in alleys, for a period of up to twenty (20) minutes, provided that such alley parking does not prevent the flow of traffic therein, all of which shall be for the purpose of access to abutting or adjacent property while actively loading or unloading. Subd. 6. It is unlawful to park any detached trailer upon any street for a continuous period of more than 24 hours. Subd. 7 . It is unlawful to park any vehicle in excess of 9,000 pounds gross vehicle weight and /or any commercial vehicle upon any residential street for a continuous period of more than six hours. CITY CODE CHAPTER 9 SEC. 9.12. IMPOUNDING AND REMOVING VEHICLES. Subd. 1. Vehicles in violation of parking regulations. When any police officer finds a vehicle standing upon a street or City -owned parking lot in violation of any parking regulation, such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this Chapter. When any police officer finds a vehicle unattended upon any street or City - owned parking lot in violation of any parking regulation or driven by an individual arrested for violation of Minn. Stat. § 169.121 or 169.129, such officer is hereby authorized to impound such vehicle and to provide for the removal thereof to a convenient garage or other facility or place of safety; Subd. 2. Release of impounded vehicles. Any motor vehicle impounded under this section shall only release from impoundment: A. To the registered owner or person authorized by the registered owner, a lien holder of record, or a person who has purchased the vehicle from the registered owner who provides proof of ownership of the vehicle, proof of valid state driving privileges, and proof of insurance required by law to cover the vehicle; B. If the vehicle is subject to a rental or lease agreement, to a renter or lessee with valid state driving privileges who provides a copy of the rental or lease agreement and proof of insurance required by law to cover the vehicle; or C. To an agent of a towing company authorized by the registered owner, renter or lessee if the owner provides proof of ownership of or the renter or lessee provides a copy of the rental or lease agreement for the vehicle and proof of insurance required by law to cover the vehicle; and D. Upon payment of any charge placed against such vehicle for cost of removal or storage or both by anyone called upon to assist therewith. Subd. 3. To whom information provided. The proof of ownership, valid driving privileges and insurance, and, when applicable, the copy of the rental or lease agreement shall be provided to a licensed police officer at the police department or to an agent of the towing company acting on behalf of the police department. CITY CODE CHAPTER 10 SEC. 10.32. OBSTRUCTIONS ON PUBLIC PROPERTY. Subd. 5. Snow or Ice on Public Property. It is unlawful for any person not acting under a contract with the City to dump snow or ice on public property. Subd. 6. Continuing Violation. Each day that any person continues in violation of this Section shall be a separate offense and punishable as such. Subd. 7. Condition. Before granting any permit under any of the provisions of this Section, the Council may impose such insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the City from any suit, action or cause of action arising by reason of such obstruction. (Code 1983, § 10.32, eff. 1 -1 -83) CITY CODE CHAPTER 11, Sec 11.40. GENERAL PROVISIONS Subd. 8. Structures in Public Rights -of -Way. No buildings, structures or uses may be located in or on any public lands or rights -of -way without approval by the Council. 69 Agenda Information Memo June 7, 2011, Eagan City Council Meeting T. APPROVE FIRST AMENDMENT TO SPECIAL EVENTS AGREEMENT (CSM EAGAN, LLC, LOCKHEED MARTIN CORPORATION, AND CITY OF EAGAN ACTION TO BE CONSIDERED: • To approve the First Amendment to the Special Events Agreement (CSM Eagan, LLC, Lockheed Martin Corporation, and City of Eagan) FACTS: In June of 2001 the City and Lockheed Martin entered into a Special Events Agreement which generally provides for the City's use of Lockheed Martin parking areas for the annual July 4 celebrations and for "Other Special Events" Per the terms of the Agreement, the City has annually requested approval for the 4 of July celebrations and those approvals have been granted by Lockheed Martin subject to certain conditions. The cooperative arrangement has been very beneficial to the City, especially for the fireworks event which draws a large crowd to the area. • Approval of the request for use for the 2011 4 of July celebration has been held up pending the sale of the property to CSM. • The City Attorney's Office has been working with Lockheed Martin and CSM to prepare a satisfactory amendment which is now being presented for City Council approval. • Although the City has not yet received a signed copy of the amendment, it was to have been executed at the recent closing between Lockheed Martin and CSM. To expedite the process for this year the approvals and signings have been running concurrently, but there do not appear to be any significant issues in getting the amendment in place. ATTACHMENTS: • Enclosed on pages through ��_ is a copy of the Agreement. o FIRST AMENDMENT TO SPECIAL EVENTS AGREEMENT This First Amendment to Special Events Agreement ( "Agreement ") is made this day of 2011, by and between CSM Eagan, L.L.C., a Delaware limited liability company (hereinafter "CSM "), Lockheed Martin Corporation, a Maryland corporation ( "Lockheed "), and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City "). (CSM, Lockheed and the City are hereinafter collectively referred to as the "Parties. ") WHEREAS, the City and Lockheed are parties to the certain Special Events Agreement dated June 28, 2001 by and between the City and Lockheed, a true and correct copy of which is attached as Exhibit "A" (hereinafter the "Special Events Agreement "); and WHEREAS, CSM has acquired from Lockheed the property (the "Property ") which is subject to the Special Events Agreement; and WHEREAS, pursuant to a certain Lease Agreement between CSM and Lockheed ( "Lease "), Lockheed will continue to occupy the Property for the period through March 31, 2013 (the "Vacation Date ") and it is contemplated that until the Vacation Date, Lockheed will maintain operational control with respect to the Property. WHEREAS, the CSM has requested that the Special Events Agreement be amended to add CSM as an additional party to the Special Events Agreement upon the terms and conditions set forth herein, and Lockheed and the City have agreed to such amendment. NOW, THEREFORE, in consideration of the sum of $1.00 and other good and valuable consideration, the receipt and sufficient of which is hereby acknowledged, the Parties agree as follows: 1. ADDITION OF CSM AS A PARTY TO SPECIAL EVENTS AGREEMENT CSM, Lockheed and the City hereby agree that, effective as of the date of this Agreement, CSM shall be added as an additional party to the Special Events Agreement. Specifically, CSM shall be entitled, together with Lockheed, to the benefits of the cost reimbursement and indemnity provisions in Section 8 and 9, respectively, of the Special Events Agreement. Notwithstanding the foregoing, so long as Lockheed occupies the Property pursuant to the Lease, Lockheed shall be responsible for approval of all of the City's activities under the Special Events Agreement and for monitoring such activities to ensure the City's compliance with the terms of the Special Events Agreement, and Lockheed shall be entitled to the $500 payment from the City for each "Special Event" during such occupancy. Subsequent to the Vacation Date, CSM shall have the right to receive such $500 payments and be responsible �P for all such approvals and monitoring, and Lockheed shall have no further rights or obligations under the Special Events Agreement. 2. TERMINATION As it relates to Lockheed, unless sooner terminated pursuant to Section 15 of the Special Events Agreement, the term of the Special Events Agreement shall automatically expire without requirement of further notice on (i) March 31, 2013, or (ii) early termination of the Lease between CSM and Lockheed, whichever occurs first, except that in the event of early termination of the Lease between Lockheed and CSM, CSM shall provide Notice to the City of the early termination of the Lease. 3. NOTICE Any notices under this Agreement shall be delivered personally or mailed to the respective parties by United States mail at the following respective addresses: CSM Eagan, L.L.C. c/o CSM Corporation 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 ATTN: Thomas P. Palmquist City of Eagan Attn: Julie S. Johnson, Directors of Parks and Recreation 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Robert B. Bauer, Esq. Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147` Street, Suite 600 Apple Valley, MN 55124 MAN Except as herein modified, all other terms of the Special Events Agreement shall remain in full force and effect. CSM EAGAN, L.L.C., a Delaware limited liability company Thomas P. Palmquist, Manager STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by CSM Eagan, L.L.C., a Delaware limited liability company, by Thomas P. Palmquist, Manager, on behalf of the limited liability company. Notary Public Im LOCKHEED MARTIN CORPORATION, a Maryland corporation By: LMC PROPERTIES, INC., a Maryland corporation Attorney -In -Fact under Irrevocable Power of Attorney effective July 28, 2010 t Date: STATE OF MARYLAND) )ss. COUNTY OF ANNE ARUNDEL ) Joseph Day Director, Real Estate The foregoing instrument was acknowledged before me this 31st day of May, 2011, by Joseph Day, Director, Real Estate of LMC Properties, Inc., a Maryland corporation, acting in its capacity as Attorney -In -Fact for Lockheed Martin Corporation, a Maryland corporation, on behalf of the corporation. Notary Public My commission expires: 05/31/2014 W CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Mayor By: Christina M. Scipioni, Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by Mike Maguire and Christina Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public lP SPECIAL EVENTS AGREEMENT 6/27/01 This Special Events Agreement ( "Agreement ") is made this B day of June , 2001, by and between LOCKHEED MARTIN CORPORATION, a Maryland corporation (hereinafter "LW), and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City ") (collectively referred to as the "Parties' ). WHEREAS, LM is the fee owner of certain property located in the City of Eagan in the northeast corner of the intersection of Pilot Knob Road and Yankee Doodle Road (hereinafter the "LM Property"), which is generally depicted on Exhibit "A" attached hereto; and WHEREAS, the City recently acquired land to the north of the LM Property that it plans to develop for community purposes (hereinafter the "Central Park "); and WHEREAS, in connection with certain events at the Central Park, the City recognizes that attendees may desire, as a result of its proximity, to park on the LM Property; and WHEREAS, the Parties are desirous of entering into an Agreement to set forth the terms and conditions pursuant to which LM will allow use of the LM Property for special events. NOW, THEREFORE, in consideration of the surn of One dollar and no /100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I . Use of LM's Property for Special Events LM hereby agrees to grant to the City a limited, temporary revocable license for use of the parking areas on the LM Property, subject to the restrictions, obligations and conditions set forth in this Agreement. 2. Special Events A. July 4` celebration The City will be granted use of the north and south parking areas, as designated on Exhibit A, for the July 4` celebration. Unless otherwise agreed, the Hours of use allowed for the July 4 celebration shall be from 6:00 a.m. on July 0 until 6:00 a.m. on July 5 0 . B. Other Special Events The City will be granted use of the north parking area only, as designated on Exhibit A, for. special events on any day of the year other than July 4. Unless otherwise agreed, the hours of use for these events shall be from 6:00 a.m. on the first Cpl day of the special event until 6:00 a.m. of the day following the last day of the special event. 3. Approval Procedure A. Request On or before May I st of any year in which the City desires to use the LM Property'for the July 4 celebration, or I$0 days prior to, the date on which the City desires to use the LM Property for another special event, the City shall deliver to LM a letter advising LM of the City's request to use the LM Property, specifying: • The special event • The parking area or areas to be used • The date or elates the parking areas would be used • The hours each day when it is expected the parking areas would be used • The access points to be used • The number of cars expected to use the parking areas • The traffic and access control measures to be implemented, including the number of officers or city personnel that will be assigned to traffic and access control and the hours tragic and access control will be in place • The security measures to be implemented, including the number of officers or City personnel that will be assigned to security and the hours security measures will be in place • The number and proposed location of portable restrooms to be installed on the LM Property by the City, B. Approval LM shall approve or deny the City's request within 30 days of receipt thereof. , Failure of LM to respond to the City's request within 30 days will be deemed an approval of the proposal set forth in the City's request, subject to the restrictions, obligations and conditions set forth in this Agreement. Approval of the City's request, if any, shall be in writing and may indicate approval subject to conditions, restrictions or requirements, which may be in addition to those set forth in this Agreement, for the City's use of the parking areas. Within 10 days of receipt of LM's approval, the City shall respond with its consent to the conditions Ma imposed by LM. Failure of the City to respond within 10 days will be deemed an abandonment by the City of its request to use the parking areas, and no such use will be allowed. 4. Restrictions A. Unavailable Areas Within the north and south parking areas, LM shall have the right to cordon off sufficient parking spaces to meet its parking and/or security needs for that day. City shall provide sufficient security to insure that the public does not park in areas which have been cordoned off by LM. In addition, no public parking shall take place within 200 feet of LM's buildings on the property, nor in any area not designated and striped for parking spaces. There shall be absolutely no parking in any fine lanes or drive aisles within the parking areas, nor on any lawn or landscaped area. The parking lot on the east side of LM's building shall not be available for public use, and u z City shall provide sufficient security and access control to insure that the public does not park in the east parking area. B. Uses Parking areas shall be used for parking only, no "tailgating" or other activities which would not be allowed in a City park parking lot shall be permitted in the LM parking areas made available for public use during special events. No alcohol shall be consumed on LM premises. City Cly b� A. Traffic and Access Control. The City shall provide all necessary traffic and access control so that the parking areas to be used by the public can be accessed and exited in a safe and orderly manner, including: • Traffic control at all entrances and exits during times of peak movements in and out of the parking lots; and • Access control at all entrances to LM parking lots which are not available for public use (for example, the east parking area). B. Fire Lanes The City shall provide adequate traffic control and security to insure that fire lanes and driveways within the parking areas to be used by the,public remain open and available for emergency use at all times. C. Seegrity . The City shall be responsible for providing sufficient security to insure that the public uses only those parking areas designated for public use, does not park in or upon landscaped 3 M i areas or other portions of the LM property, uses the LM Property only for parking, and that no tailgating occurs or alcohol is consumed on the LM Property. D. Restrooms and Trash Receptacles The City shall be responsible for providing a sufficient number of portable restrooms and trash receptacles to service the number of persons expected to use the LM parking areas, The location of the restrooms shall be approved by LM. 6. Clean -up The City shall be solely responsible for the clean -up of the Llvl Property following the City's use of the parking areas for any special event. This clean -up shall return the LM Property to its condition prior to the Special Event, be to the satisfaction of LM, and shall be completed by no later than, 6:00 a.m. of the day following the last day of the Special Event. 7. Coordination City shall coordinate with LM's designated representative to insure that the necessary traffic and access control, security and other measures are in place, and to insure that LM employees are allowed to enter parking areas which are restricted from public use. 8. Costs. City shall pay to LM the sum of $500.00 for eaeb "Special Event" to reimburse LM for its costs in coordinating the City's use of the parking areas for special events and for costs incurred in providing additional building security during special events. This payment shall be submitted to LM along with the City's request to use the LM Property for a Special Event. City shall also reimburse LM for any costs incurred by LM to clean up or repair damage to LM Property'caused by or incurred as a result of the use of the LM Property for special events, including damage to LM buildings, vehicles, parking areas, landscaping and grass or other proper ty. Such reimbursement shall be made within 30 days of receipt from LM of a summary of its costs incurred. Indemnification, Defense and Hold Harmless Except for the willful acts of LM, its officers, directors, aMuts, employees, or subsidiaries, City hereby agrees to indemniffy, defend and hold LM, and its officers, directors. ascents. emniovee& subsidiaries. and their successors and or subcontractors, and their Successors and ass! &M on the LM or (iiil breach by the Citv of this Asrreement. Ill addition to 4 - 70 or claims of any nature whatsoever arising out of or related to: (i) City's use of the LM Prouerty for special events narking; (iil activities costs to defend LM as Paid by City to a thirc incurs to defend it: Paragraph 9. City $1,000.000.00, and d by this Paragraph 9, and any amounts aaking a claim covered by this arse LM for any and all costs LM or pay a claim covered by this so shall be limited zce that it has 10. Liens City shall pay its contractors or subcontractors, if any, in a timely manner to prevent the filing of any lien against the LM Property for any labor or materials in connection with work of any character performed or claimed to have been performed on the LM Property at the direction or sufferance of City. In the event of any such lien attaching to the LM Property, City shall cause said lien to be removed not later than thirty (3 0) days thereafter, the failure of which shall constitute a material breach of this Agreement. 11. Entire Agreement This Agreement constitutes the entire understanding and agreement between the parties hereto with respect to access to, and use by the City of, designated parking areas on the LM Property for special events parking. There are no oral understandings or agreements that in any way change the terms, covenants, and conditions herein set forth. 12. Amendment This Agreement may be amended, extended or modified only by a written agreement signed by both parties. This Agreement has been negotiated by both parties, represented by counsel, and should not be deemed to have been drafted by either party. 13. Illegal, Invalid or Unenforceable Provisions In the event and to the , extent that any provision of this Agreement may be deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, then this Agreement shall be read and interpreted as if such provision(s) did not exist, and the balance of this Agreement shall remain in full force and effect, unless the essential purpose of this Agreement would be frustrated. 14. Notice Any notices under this Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses. To LM: LM Martin Corporation Attn: Paul Worms 3333 Pilot Knob Road Cagan, MN 55121 5 71 To the City: City of Eagan Attn: Ken Vraa, Director of Parks and Recreation 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Robert B. Bauer, Assistant City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 1 {. Termination Either party may terminate this Agreement upon thirty (3 0) days written notice to the other party. LOCKBEED MARTIN CORPORATION, a Maryland corporation Its: P1 Exici�r�s. Lockheed Martin Tactical Systems CITY OF EAGAN,.a-Minnesota municipal corporation J / J By: Its: Nu" Y Mira McGarvey Its: Deputy Clerk (� GP:805805 Y1 �a Agenda Information Memo June 7, 2011, Eagan City Council Meeting U. FINAL PLAT ( POMROY ADDITION) — JON AND LINDA POMROY ACTION TO BE CONSIDERED: To approve a Final Plat (Pomroy Addition), to create one lot upon approximately 1.5 acres located at 3755 Blackhawk Road. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site consists of approximately 1.5 acres and is currently unplatted. ➢ The owners wish to improve the existing single - family home which was initially constructed over 100 years ago. The proposed improvements will require a building permit. City Code requires that property be platted before a building permit can be issued. ➢ The Plat dedicates necessary right -of -way for Blackhawk Road to the east, and required drainage and utility easements. ➢ The owners also have requests pending for a Comprehensive Guide Plan Amendment from MD, Medium Density residential (4 -12 units /acre) to LD, Low Density residential (0 -4 units /acre) and a Rezoning from R -3, Residential Townhouse to R -1, Residential Single, which were previously reviewed by the City Council. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: N/A ATTACHMENTS (2)• Location N tfiroagh —= Final Plat, page 7S '73 Location Map Park TDIffi / CIIff Rd Sky Hill Park Map Area Extent O r ` Q P� G Y IR N.Vo I Blackhawk Park Woodhaven Path Feet Project Name: Jon & Linda Pomroy (3755 Blackhawk Rd.) 0 500 1,000 2,000 Request: Comprehensive Guide Plan Amendment Leg end Case Nos.: 17- CG- 01 -03 -11 ,.g,. City Boundary Parcels Parks Buildings N City of Eagan '7z{ 5 E c ID R 4i2 3 d � ��g 4 � i � i$ � � L — a.x. OL'1Ll ms�o 3 10.80.05 ............. .. .zam. � i — '�'.. � — � � y c E zI E R avou )IM VH)1O VIG A - Pf u b I�i� t O cc CL / --------- - / ------ 00 14.9*,OI.ON ILI i C= C"i C=D LIJ LU L.) LLJ 7 5- Agenda Information Memo June 7, 2011 Eagan City Council Meeting V. Approve agreement with BHK Ventures, LLC dba Quality Business Solutions to assist the City in achieving compliance with Payment Card Industry (PCI) standards for handling of credit card numbers and other private data. ACTION TO BE CONSIDERED: • To approve the agreement with BHK Ventures, LLC dba Quality Business Solutions FACTS: • The credit card companies (VISA, MasterCard, etc.) have formed a Payment Card Industry (PCI) Security Standards Council, which establishes the rules /guidelines for how merchants (e.g., the City) should handle and maintain customer credit card data to minimize the chances that it will be hacked or otherwise stolen. • A complex and technical 288 -point questionnaire for each credit card environment must be completed to achieve PCI compliance. The City has several credit card environments. • If a merchant is not in compliance under PCI terms, the credit card companies can assess non - compliance fees or, in the worst case, cut off a merchant so that it cannot accept credit card payment. While Eagan has been assessed only nominal non - compliance charges to date, Burnsville, for example, has incurred charges of nearly $2,500 per year, and the credit card companies could assess similar amounts to Eagan at any time. (Charge amounts are not indicative of a merchant's degree of security; it's apparently the luck of the draw that Eagan's non - compliance charges to date have been less than other cities' charges.) • More importantly, if the City is not PCI - compliant, theoretically there is a greater risk that customers' credit card data could be compromised. • Quality Business Solutions (QBS) is a consultant that helps organizations achieve PCI compliance. Several metro -area cities have contracted with QBS for this purpose. • In March 2011, QBS completed a preliminary assessment of the City's existing processes and procedures with respect to credit card data, based on interviews with staff in the City's various revenue - generating operations. • The City Attorney has reviewed the agreement. • The contract amount is not to exceed $12,900. ATTACHMENTS: • A copy of the master agreement with Attachment A is on pages through . ow Quality Business Solutions MASTER AGREEMENT CONSULTING SERVICES This Agreement is made on the 7 day of June, 2011, by and between BHK Ventures, LLC dba Quality Business Solutions of 12701 Whitewater Road, Suite 180, Minnetonka, MN 55343, (QBS or Company) and City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (Client). 1.0: WITNESSETH 1.1: Whereas: Company is a provider of computer services, systems analysis and information. 1.2: Whereas: Company possesses certain knowledge and ability to perform certain tasks required by Client. 1.3: Whereas: Company and Client wish to enter into an agreement to utilize the knowledge and ability of Company. Now Therefore: Company and Client hereby agree as follows: 2.0: TERM AND TERMINATION. 2.1 Unless specifically stated to the contrary, this Agreement shall begin at the time of its execution and shall continue uninterrupted until it is terminated. Method of termination by either party shall be by written notice sent to the other party by U S Mail return receipt requested. The Client may terminate the Agreement at any time effective immediately upon notice to the company, and the Client will only be liable for payment for work performed prior to notice of termination, based on hourly billing rate(s). In the event of termination, the company will deliver the products, information and materials produced by the company under the Agreement to the Client. 2.2 Company agrees to provide one or more professionally qualified consultants to perform the services described in ATTACHMENT A, (Statement of Work) and as amended from time to time by supplemental Statements of Work, incorporated herein by reference. Company will make a good faith effort to supply a specific individual if required by client. If a specific individual is not available, Company will supply an individual of equal qualifications and similar experience until such time as Company is able to provide said specific individual. Page 1 --�-7 com Quality Business Solutions 3.0: HIRING OF EMPLOYEES: 3.1 The Client may not solicit or hire employees of the Company including Martin Beukhof, Brian Grafsgaard, Uday Shoor, Mike Holmes and Mark Harrison during the project or within the period of 1 year from the conclusion of the most recent project. 4.0: COMPENSATION AND PAYMENT: 4.1 During the term of this Agreement, Company shall invoice Client upon delivery of defined deliverables in the Statement of Work for that project. Payment will be made after the services are completed to the Client's satisfaction. In addition, the Company will bear all expenses, except for any specific expenses that the Agreement expressly requires the Client to pay. Terms shall be net thirty (30) days unless otherwise specified in writing. Company reserves the right to charge a late fee of 1.5% per month for all amounts outstanding for more than 30 days. 5.0: INTELLECTUAL PROPERTY 5.1 Company is an independent contractor and not an employee of Client. This is a "work made for hire " agreement. Company agrees that all rights to the software written, or any Work Product which may be a result of the work performed in fulfillment of this Agreement are held by the Client or its assigns. The Client, or its assignee, is the holder of the copyright to said Work Product as a whole and other intellectual property. Company may not make any further use of said Work Product, as a whole, except in performance of its obligation under this Agreement or as permitted by written license agreement or specified herein. 5.2 It is agreed by both parties that Company, its employees or agents have the right to use preexisting tools in the performance of Client obligations under this Agreement. It is further agreed that Company, its employees and agents have the right and a license, if applicable, to use, in future engagements, all tools, utilities and programming aids, collectively known as intellectual capacity, which may have been used or created by Company or Company agents, during the performance of Company's obligations to client, under this or any other agreement. All rights to the afore mentioned intellectual capacity which may have been created under the terms of this Agreement, shall be held by Company and Client equally. Either party may use said intellectual capacity and its resulting products, as it sees fit without permission of the other and no fees will be due to the other party for the use of such intellectual capacity. Page 2 M • coin Quality Business Solutions 6.0: CONFIDENTIALITY: 6.1 Both parties agree that due to the nature of this Agreement it may be necessary for one party to disclose confidential material to the other party to this Agreement. Both parties will take every precaution, and will instruct their staff and agents if any, to protect the confidential material which may be disclosed. 6.2 Confidential material shall be defined as all that material which is disclosed by Company and; 1. Is not known to the recipient party prior to being disclosed. 2. Is not legally obtainable from a third party. 3. Is not public information. 4. Has not been independently developed by the recipient. 6.3 The Company authorizes the Client to disclose any documents and information as the Client deems appropriate to comply with the Minnesota Government Data Practices Act or any other law. 7.0: WARRANTIES: 7.1 Company warrants that a working copy of machine readable and human readable (source code if applicable) will be delivered to Client or to Client's designated assignee. 7.2 Company warrants that Company and employees chosen to perform a given duty are professionally qualified to the reasonable standard expected in the industry for that level of work being performed. 7.3 Company warrants that the Work Product and other intellectual property used or created as a result of this Agreement will not infringe any copyright, patent, trade secret, trademark, or confidential material of any third party. 7.4 Company and Client each will indemnify the other against any actions brought by a third party for infringement of intellectual property rights or any other reason resulting from the negligence or intentional misconduct of the indemnifying party under this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive the Client's statutory immunity or liability limits under the Minnesota Municipal Tort Claims Act or any other law. 8.0: LIABILITIES: 8.1 COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR OTHER ECONOMIC LOSS IN CONNECTION WITH, OR ARISING OUT OF Page 3 com Quality Business Solutions THE EXISTENCE OF, THE FURNISHING, FUNCTIONING OR CLIENT'S USE OF ANY ITEM OF EQUIPMENT OR SERVICE PROVIDED FOR IN THIS AGREEMENT. 8.2 Notwithstanding any provision of this Agreement to the contrary, Company shall indemnify, defend and hold Client harmless from any and all claims for personal injury or property damage caused by the negligence or intentional misconduct of Company in performance of this Agreement. 9.0: COMPLIANCE WITH LAWS AND PROJECT RULES: 9.1 Client, Company, employees and agents, if any, shall observe and abide by all applicable laws, federal, state, and local, and the rules and regulations of any lawful regulatory body acting thereunder in connection with the services to be rendered pursuant to this Agreement. Client, Company, employees and agents, if any, shall also comply with all applicable safety and security rules, procedures and programs including those associated with employee and /or property protection and drug and alcohol abuse. 10.0: MISCELLANEOUS TERMS AND CONDITIONS: 10.1. Relationship. Nothing in this Agreement shall be construed to create an employer employee relationship between the parties. This Agreement does not make one party the agent of the other party and the parties are not authorized, except in accordance with the provisions of this contract, to make any representation, agreement, or other commitment on behalf of the other. 10.2. No Franchise. No fee has been paid nor will any fee be paid in connection with entering into this Agreement. Both parties acknowledge that their rights under this Agreement and the operations of their respective businesses are not substantially related to the use of any trademark, tradename, logo, servicemark, or other commercial symbol. 10.3. Audit. Pursuant to Minnesota Statutes Sections 6.551 and 16C.05, subdivision 5, the company's books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the Client, the Legislative Auditor and /or the State Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10.4. Assignment. This Agreement, or the performance of any obligation hereunder, may not be assigned, in whole or in part, without the prior express written consent of the other party to this Agreement. Page 4 am Quality Business SOhitiO115 10.5. Non Waiver. Failure by either party to declare a default or breach of any of the terms and conditions of this Agreement or to insist in any one or more instances upon the performances of any one or more of the duties or obligations of this Agreement or to exercise any remedy available hereunder shall not be construed to be a waiver of any of such terms, conditions, duties, or obligations, nor shall it stop any party from thereafter demanding full and complete compliance with the provisions of this Agreement, nor prevent either party from exercising any such remedy in the future. 10.6. Titles. Titles to the various sections of this Agreement are for the convenience of the reader and do not affect the meaning of the section in any way. 10.7. Severability. If any provision of this Agreement is found invalid by any court of competent jurisdiction, then such provision shall be deemed automatically adjusted to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of this Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deleted from this Agreement as though the provision had never been included herein. In either case, the remaining provisions of this Agreement shall remain in full force and effect, so long as the original purpose of this Agreement can be fulfilled. 10.8. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute one and the same original. It shall not be necessary for any one counterpart to be signed by all of the parties hereto so long as each of the parties has signed at least one counterpart. 10.9. Prevailing Terms. The provisions, terms and conditions of this Agreement shall prevail unless a variance is accepted in writing by both parties. 10.10. Conditions Beyond the Control of the Parties. Neither party to this Agreement shall be held liable for failure to comply with any terms of this Agreement when such failure has been caused solely by fire, war, insurrection, government restrictions, act of God, illness, or other cause, beyond the control and not due to the fault of either party involved, provided such party uses due diligence to remedy such default. 10.11. Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 10.12. Entire Agreement and Survival. The parties acknowledge that this Agreement contains the entire agreement of the parties and as such supersedes all prior written or oral agreements. The terms, provisions, Page 5 Colo Quality Business SOhltiO115 representations and warranties contained in this agreement shall survive the delivery of the services and payment thereof. 10.13 Arbitration: Any disagreement which may arise out of this agreement shall be submitted to arbitration and shall be enforceable under the laws of the State of Minnesota. Judgment on the award shall be entered into by the said court, and the decision of the arbitrator shall be a condition precedent to legal rights. The parties shall submit disputed matters under the Rules of the American Arbitration Association and the losing party shall pay both parties' attorneys' fees and costs. 10.14 Amendments: If the Agreement should be amended for any reason, both the Client and the Company are required to approve the amendment. 10.15 Insurance. The company shall, at all times during the term of this Agreement, keep and maintain, at the company's expense, the following insurance coverages: A. Worker's compensation insurance as required by law. B. Automobile liability insurance (including owned, non -owned and hired) with limits of not less than $1,000,000 combined single limit. C. Comprehensive general liability insurance covering the company with limits of not less than $1,000,000 per claim. The company shall deliver to the Client Certificates of Insurance for each of the insurance coverages required herein, naming the Client as an additional insured (except for workers compensation insurance) and providing that the insurance coverage shall not be modified, cancelled or fail to be renewed without thirty (30) days prior written notice to the Client. 11.0: IN WITNESS WHEREOF, the parties acknowledge that they have read and understand this Agreement. They further acknowledge that they agree to be bound by it's terms and conditions. Page 6 8� com Quality Business Saluiions For BHK Ventures, LLC dba Quality Business Solutions For City of Eagan Martin Beukhof name print President title sign & date name print title sign & date Page 7 00- No Quality Business Solurions 12701 Whitewater Drive, Suite 180, Minnetonka, MN 55343 952 -564 -3088 ATTACHMENT "A" STATEMENT OF WORK This Statement of Work is an addendum to the Master Agreement executed on June 7, 2011, by and between BHK Ventures, LLC dba Quality Business Solutions (QBS or Company) and the City of Eagan (Client). It is thereby incorporated by reference and to be considered a part of the Master agreement. It is intended to govern the terms and conditions of the project listed below. DATE: June 7, 2011 CONSULTANT (S): Brian Grafsgaard, Mike Holmes, Chevas Mingo WORK PERFORMED FOR: City of Eagan DIRECT MANAGER: Tom Pepper START DATE: June 21, 2011 END DATE: September 1, 2011 COMPENSATION: QBS will provide the following deliverables: 1. PCI Compliant set of Policy and Standards including customization $1500 2. Completed SAQ C for the organization $1000 TERMS: PCI — Payment Card Industry SAQ C — Self Assessment Questionnaire where "C" identifies the correct form to be completed. DESCRIPTION OF WORK: QBS will: • Develop customized set of Policy and Standards as required by the SAQ C. • Not develop any procedural documentation. • Complete the SAQ C for the City of Eagan. Quality Business Solutions City of Eagan sign & date: 6 -7 -2011 sign & date Agenda Information Memo Eagan City Council Meeting June 7, 2011 W. APPROVE RESOLUTION OF SUPPORT FOR CDA HOME FUND APPLICATION FOR NORHTWOOD FAMILY TOWNHOMES PROJECT ACTION TO BE CONSIDERED: To approve a Resolution of Support for CDA HOME Fund Application for Northwood Family Townhomes Project. FACTS: • The City Council previously approved the Northwood Family Townhome project, a 47- unit townhome development to be built and operated by the Dakota County Community Development Agency as a workforce rental housing property. In approving the project, the Council noted its proximity to jobs, shopping and transit as key features of the site. At the time of the approval, CDA staff indicated that the project would be financed through a number of sources, including HUD HOPE funds. At this time, the CDA is submitting its application for that purpose and has asked the City to comment on it. In consideration of the fact that the project received formal approval, it conforms to all of the zoning and land use requirements for the property. In addition to noting that conformance, the City has the opportunity to formally support the application through the approval of a resolution to that effect. Staff has drafted the attached resolution for consideration in that regard. ATTACHMENTS: • Resolution on page CITY OF EAGAN A RESOLUTION IN SUPPORT OF DAKOTA COUNTY CDA'S APPLICATION FOR HUD HOPE FUNDING WHEREAS, in 2009, the Dakota County CDA submitted a proposal to the City of Eagan for development approval for a 47 -unit townhome development known as Northwood Townhomes upon approximately 12.9 acres located north of Northwoods Parkway and west of Lexington Avenue; and WHEREAS, the City Council of the City of Eagan did approve and implement the associated land use amendment to the City's Comprehensive, Plan, Rezoning and Preliminary Planned Development for the Northwood TowrdfYes development; and WHEREAS, the City of Eagan entered into a Prgpii °� x Planned Development w Agreement with the Dakota County CDA dated App; 4, 20 the Northwood Townhomes project; and x w'ww ?, WHEREAS, the City Council of th„ � y of Ewan supports � ; d County CDA's efforts to develop workforce housmg`� r part.-, %f., a full ran g ' of housing ...:r t opportunities for Eagan residents; and �4yv • htrti�ti• `YL'• ts WHEREAS, in approving the o ment propo `the City Council of the City X ;, of Eagan found the site's proximity to r ping and tr be beneficial features for such a development; and WHEREAS, Northwood Townhq County CDA is now''' NOV�?� � Eagan, N1#icesota't for HOPE funding. Y ., ADOPTED bye C Eagan unc stands thWa portion of the funding for the invent will 13e the HOPE funds for which the Dakota LVED by the City Council of the City of Eagan supports the Dakota County CDA's application Day of , 2011. Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk CADocuments and Settings \jstrid\Local Settings\Temporary Internet Files \Content.Outlook \L3RJVF8Z \CC 06 -07 -11 (Final) Northwood THs_HOPE Resolution.doc Agenda Information Memo June 7, 2011, Eagan City Council Meeting X. APPROVE MASSAGE THERAPY ESTABLISHMENT LICENSE FOR IGOR GANOPOLSKIY, ALLIANCE INTERNATIONAL CORPORATION, 1585 THOMAS CENTER DRIVE ACTION TO BE CONSIDERED: To approve a Massage Therapy Establishment License for Igor Ganopolskiy, Alliance International Corporation, 1585 Thomas Center Drive. FACTS: ➢ Igor Ganopolskiy has applied for a Massage Therapy Establishment License for a business to be known as Alliance International Corporation. ➢ The proposed massage therapy establishment will be located at 1585 Thomas Center Drive. ➢ Igor Ganopolskiy currently has a Massage Therapist License from the City of Eagan. The Eagan Police Department conducted a background investigation as part of the massage therapist licensing process and found no cause to deny the application. ➢ All requirements of the application have been met and the fee has been paid. ATTACHMENTS (0): • Agenda Information Memo June 7, 2011 Eagan City Council Meeting PUBLIC HEARINGS A. LOT 5, BLOCK 9 NICOLS RIDGE DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage & utility easements on Lot 5, Block 9 Nicols Ridge and Easement No. 1097680, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 14, 2011, City staff received a petition from Joe Jablonski, representing Lennar Corporation, developer of the proposed "Nicols Ridge 4th" development, located south of Cedar Grove Parkway in northwest Eagan, requesting the vacation of all public drainage & utility easements within Lot 5, Block 9 Nicols Ridge, and unplatted parcels 10- 01900 - 120 -41 and 10- 01900 - 120 -42 (Easement No. 1097680). • Public easements were dedicated on this lot of Nicols Ridge Addition and acquired on the unplatted parcels at various times for public improvement projects and to provide for public drainage. • The purpose of the request is to allow the recording of a final plat of the properties for the proposed Nicols Ridge 4`" development as a residential development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. The final plat of Nicols Ridge 4`" will address all necessary public drainage & utility easements on this property. The final subdivision for the development was approved by the City Council on March 1, 2011. A three -month extension of final subdivision approval was approved by the City Council on April 20, 2011. • On May 3, the City Council scheduled a public hearing to consider the requested vacation to be held on June 7. Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. No objections to the proposed vacation have been received. ATTACHMENTS: Legal Description/ Graphic, page Location Map, page. sm LEGEND ® EASEMENTS TO BE VACATED ` Lot 5 ID 10 01900 120 41 Block 9 0 PID 10 01900 120 42 10' / EXISTING DRAINAGE & UTILITY EASEMENT Doc. No. 1097680 TO BE VACATED 0 Easement Vacation Description: Vacate all public easements within Lot 5, Blk 9, Nicols Ridge, Dakota County, Minnesota N And, within unplatted parcels 10- 01900 - 120 -41 ans 10- 01900 - 120 -42 Easement Doc.# 1097680) Fig. 2 a Proposed Easement Vacaction Nicols Ridge A C 01 fiQP H S Date: 03/28/2011 � G��J MENDOTA HEIGHTS N i � O i F ACATION OCATION 3 M/ t _ DIFFLEY RD. w w w w Q Q U a CITY OF EAGAN mant Vacation Location Ma Proposed Ease p City of bF Nicols Ridge 9D Fig. 1 3/28/2011 Agenda Information Memo June 7, 2011 Eagan City Council Meeting OLD BUSINESS A. PROJECT 1033, CLIFF ROAD - TRUNK WATER MAIN IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Draft Final Assessment Roll for Project 1033 (Cliff Road — Trunk Water Main Improvements), authorize preparation of the Final Assessment Roll, with one of two options for assessable properties: 1) All properties included in the preliminary assessment roll as presented at the public hearing August 2, 2010, OR 2) All properties included in the preliminary assessment roll as presented at the public hearing August 2, 2010, except those in Lakewood Hills subdivision, and schedule a public hearing to be held on July 5, 2011. FACTS: • Project 1033 provided for the installation of an 18 -inch diameter trunk water main along Cliff Road, from Lexington Avenue to Dodd Road, in southeast Eagan. The improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 10 -09, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessment rates for the properties along Cliff Road for the water main improvements are equal to the rates contained in the feasibility report presented at the public hearing held on August 2, 2010. • At the November 9, 2010 City Council workshop, the Council listened to the concerns of the Lakewood Hills residents regarding the special assessments proposed to be levied against their properties in conjunction with Project 1033. The Council directed staff to propose ponding and "greenway" easements to the residents as a means to reduce the assessable areas. Although significant staff time was spent providing detailed easement options for all assessable properties under this project to maximize their potential assessment area credits, no property owners consented to this easement option. • The Lakewood Hills neighborhood is distinctly different from the remainder of the properties proposed to be assessed under Project 1033. The Lakewood Hills properties need an additional lateral water main extension within the neighborhood under a future public improvement process before they can receive service from the trunk water main on Cliff Road. All of the other assessable properties that front onto Cliff Rd have the opportunity to make a direct service connection to the new trunk water main at their discretion. • Minnesota Statute 429 requires benefit to individual properties assessed under a public improvement. Due to the significant additional water main construction needed for the 9 Lakewood Hills properties to receive direct benefit from the trunk water main from Project 1033, it will be challenging to meet the benefit test to the extent of the proposed assessment. Benefit appraisals have not been obtained for any parcel yet. The assessment roll has been prepared in two ways: 1) as presented in the feasibility report, including the Lakewood Hills properties (40 total properties), and 2) without the Lakewood Hills properties (40 properties less 26 properties in Lakewood Hills = 14 total). The assessment obligation for any individual property is not affected by the number of parcels included in the Final Assessment Roll. It is based on assessable acreage and the fixed Trunk Area Water rate. The draft assessment report has been prepared with these two options for consideration by the City Council. ATTACHMENTS: • Location Map, page. • Draft Assessment Report w/ Assessment Options, pages through • Letter & Petition from Lakewood Hills Residents, page through ®r O Q IA� w m z g CL z 0 H Q U 0 n 0 Ln LLl z z z LLI LL. 0 V V r z w 0 a z a LLJ z 0 Q 0 ce LL U- U N V' O v O M LL! 1 Q 0 0 N a 0 0 0 N o � 0 o = O Q IA� w m z g CL z 0 H Q U 0 n 0 Ln LLl z z z LLI LL. 0 V V r z w 0 a z a LLJ z 0 Q 0 ce LL U- U N V' O v O M LL! 1 Q 0 0 N a FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1033 Assessment: July 5, 2011 Name: Cliff Road Project Approval Date: August 2, 2010 Trunk Water Main Improvements Final Feasibility Rate Report Units SANITARY STORM SEWER SEWER • Trunk -CI ❑ Trunk - CI • Lateral- CI ❑ Lateral- CI ❑ Service ❑ Lat. Benefit /trunk Final Feasibility Rate Report Units WATER STREET ❑ Trunk -CI ❑ C/I Street & Drainage El Trunk - SF $2,770 $2,770 Acre ❑ Lone Oak Turn Lanes ❑ Lateral- CI ❑ Lateral - SF ❑ 1" Service ❑ C/I Equiv. ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number 10 -09 Number of Parcels 40 - w/ LW Hills 14 -w /out LW Terms 10 Years Interest Amount City Rate Assessed Financed 6.5% $264,092 F.R. $581,108 F.R. $264,091.80 $370,729.11 $149,219.90 $485,601.01 (F.R. = Feasibility Report) LL 4 1100 City of Eapn To: Mayor and City Council N o From: John Gorder, Assistant City Engineer Date: June 3, 2011 Subject: Final Assessment Roll, Project 1033 Cliff Road Trunk Water Main Improvements On August 2, 2010, the City Council held a public hearing for the construction of City trunk water main along Cliff Road (CSAH 32) to provide more reliable water service and distribution to southeastern Eagan, and provide lateral water service to properties adjacent to Cliff Road, in accordance with the City's Water Supply & Distribution Plan (2008). At the public hearing, the City Council ordered Project 1033, and in accordance with the feasibility report, approximately 5,000 feet of 18 -inch diameter trunk water main pipe improvements were constructed. At the public hearing, the City Council approved a preliminary assessment roll that called for the trunk water main improvements to be assessed to benefiting properties along Cliff Road at the 2010 Fee Schedule rate of $2,770 per net acre. The final assessment rates for the properties along Cliff Road for the water main improvements are equal to the rates contained in the feasibility report presented at the public hearing held on August 2, 2010. At the November 9, 2010 City Council workshop, the Council listened to the concerns of the Lakewood Hills residents regarding the special assessments proposed to be levied against their properties in conjunction with Project 1033. The Council directed staff to propose ponding and "greenway" easements to the residents as a means to reduce the assessable areas. Although significant staff time was spent providing detailed easement options for all assessable properties under this project to maximize their potential assessment area credits, no property owners consented to this easement option. The Lakewood Hills neighborhood is distinctly different from the remainder of the properties proposed to be assessed under Project 1033. The Lakewood Hills properties need an additional lateral water main extension within the neighborhood under a future public improvement process before they can receive service from the trunk water main on Cliff Road. All of the other assessable properties that front onto Cliff Rd have the opportunity to make a direct service connection to the new trunk water main at their discretion. Minnesota Statute 429 requires benefit to individual properties assessed under a public improvement. Due to the significant additional water main construction needed for the Lakewood Hills properties to receive direct benefit from the trunk water main from Project 1033, it will be challenging to meet the benefit test to the extent of the proposed assessment. Benefit appraisals have not been obtained for any parcel yet. The assessment roll has been prepared in two ways: 1) as presented in the feasibility report, including the Lakewood Hills properties (40 total properties), and 2) without the Lakewood Hills properties (40 properties less 26 properties in Lakewood Hills = 14 total). The assessment obligation for any individual property is not affected by the number of parcels included in the Final Assessment Roll. It is based on assessable acreage and the fixed Trunk Area Water rate. The draft assessment report has been prepared with these two options for consideration by the City Council June 7. The improvements were completed under Contract 10 -09. The following information was used in the preparation of the both assessment roll options for Project 1033. PROJECT COST The construction cost includes the amount of $467,781.07 paid to the contractor for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, 1 Ig administration, easements and other totaling $167,039.84 were incurred resulting in an improvement and project cost of $634,820.91. The detail of these other costs is provided on Schedule I. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Water Main — Cliff Rd $467,781.07 $167,039.84 $634,820.91 $845,200 ASSESSMENTS • TRUNK ASSESSMENTS The trunk water main improvements will be assessed based on 2010 trunk area rate of $2,770 per net acre, as identified in the project feasibility report, to benefiting properties as directed by the City Council. Option 1 — Including Lakewood Hills neighborhood (40 properties) Option 2 — Not including Lakewood Hills neighborhood (14 properties) In accordance with State statute 429.051, if the City Council elects to not assess the Lakewood Hills neighborhood for the trunk water main improvements, these properties will be assessed the trunk area assessment with potential future lateral extensions of the water main to serve that neighborhood. • LATERAL ASSESSMENTS No lateral assessments for water main were proposed in the feasibility report, therefore, none are proposed in this assessment roll. ASSESSMENT TERMS The assessments are proposed for a term of 10 years. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES / RESPONSIBILITY IMPROVEMENT ASSESSMENT REVENUE CITY IMPROVEMENT COST RESPONSIBILITY Water Main — Cliff Road $634,820.91 $264,091.80— Option 1 $370,729.11 $149,219.90 — Option 2 $485,601.01 • CITY FUND RESPONSIBILITY Trunk Water Main Fund: Option 1 = $370,729.11 Option 2 = $485,601.01 John Gorder, P.E. 2 Reviewed: Reviewed: Public Works Department Finance Department Date Date c: Thomas A. 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Colbert, P. E. Director of Public Works, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1810 APR 01 2011 c: Russ Matthys, City Engineer EAGAN Mike Maguire, Ma y0fiGINEERING DEPARTMENT Dear Mr. Colbert, Members of the Lakewood Hills Homeowners Association have studied the Review Special Assessment Policy for Trunk Area Assessments prepared by city staff and presented to the City Council Workshop on September 14th, 2010. We have also reviewed the League of Minnesota Cities', Special Assessment Guide. We have determined that Project 1033 - Cliff Road Trunk Water Main proposed Special Assessments, as they apply to Lakewood Hills Road properties, do not meet the special benefit test described in the Special Assessment Guide which is based on Minnesota Statutes Chapter 429. Specially, "the amount of the assessment, the real measure of benefit is the increase in the market value of the land because of the improvement." We have reached this conclusion for the following reasons: As described by city staff, the water main was needed to increase water pressure in the southeast corner of the city and to provide water to new housing development in that area, not to provide water to our neighborhood. 2. Though the main runs parallel to Cliff road and passes by our platted development, there is no intent by the city or by residents, to build lateral lines to individual properties due to the topical nature of the land, the great cost and the fact we all have working wells that provide clean water. 3. The water hydrant on the corner of Cliff Road and the entrance to Lakewood Hills Road is too far away from ninety percent of the homes on Lakewood Hills Road to provide water in case of a fire. Water trucks would still be needed. 4. To our knowledge, the city did not retain a qualified licensed appraiser to determine the increased market value to our properties as a result of the improvement. Furthermore, the proposed assessment amounts were not compared to increased market value amounts. 5. In fact, having a levied assessment or deferred levied assessment on a property, without the possibility of accessing city water without great cost, would probably reduce the market value of a property. Therefore, the Lakewood Hills Road homeowners, request the city postpone assessing their properties for this water main until which time the city and home owners agree that 14 lateral water lines are feasible and the market value of their properties will increase due to connection of those laterals to the water main on Cliff Road. LAKEWOOD HILLS ROAD HOMEOWNERS Property Owner Address PID Number(s) LaA `� 1" add / r? N t! 3 5 = L J tj c __. /f /o IK y3� � Levee oan 0 "fig ` -_ �G . ,L f ✓G�� /P L?C� ? d� � 7 t't0c �to keyo / /iC(5 2r4 _ 1G 35 i Cl Y3 �{ to : � O ► I 0 t 1'-► 3 01 571 o c7 %1 ta 006 i n ey ! 5 - fo 1 (5O f32 Zo- tec�000 ILL s Roo ��'y� 5- ol bo C`�` 18 Gt V 6t Lo3 � � la�j to !� z 4 u dip b�1 u. c t t i E� Ga t9 0O v 1 a �tzG /` �• �r' 1 �i d > �r !l/ _ Rn 96 j t ogY35 &o f c, e tvs/y3560 r 000 4T*-V #4v� � ZOAe-4� IN15A'4 loqq3�014- /DS 2€ �o �t FP 3; M N r L Qf CL 0 0 3 w 0 Agenda Information Memo June 7, 2011, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING (3755 BLACKHAWK DRIVE) — JON AND LINDA POMROY ACTION TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment to change the land use designation upon approximately 1.5 acres from MD, Medium Density residential (4 -12 units /acre) to LD, Low Density residential (0 -4 units /acre), located at 3755 Blackhawk Road, west of Blackhawk Road south of Robin Lane. To approve a Rezoning from R -3, Residential Townhouse to R -1, Residential Single for approximately 1.5 acres located at 3755 Blackhawk Road, west of Blackhawk Road south of Robin Lane. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ On May 3, 2011, the City Council directed that the proposed Comprehensive Guide Plan Amendment be submitted to the Metropolitan Council for review. ➢ On May 3, 2011, the City received formal response from the Metropolitan Council approving the land use amendment. ➢ The City Council may now implement the land use amendment. ➢ Upon amending the land use designation to LD, the City Council may implement the Rezoning to R -1. ➢ A public hearing was held by the Advisory Planning Commission on both requests on April 26, 2011 and the APC recommended approval. ➢ These requests are proposed to remove the non - conforming status of the existing single - family home so that the homeowners can make structural repairs and expand the building. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Waived by owner ATTACHMENTS (3): Location Map, pagei through Final Plat, page/ May 3, 2011 City Council minutes, page lob Location Map i 0 r z� e Park _ aw, _. ► ►,% ♦♦ rrim♦ ♦ ♦i♦ �` .-`�� ♦ ♦i �� . 'v I ...... ....... PRO JAI Sky Hill Park r Path G'I C *�� Blackhawk Park Feet Project Name: Jon & Linda Pomroy (3755 Blackhawk Rd.) 0 500 1,000 2,000 Request: Comprehensive Guide Plan Amendment Leg Case Nos.: 17- CG- 01 -03 -11 j ail,, City Boundary Parcels Parks Buildings N City of Eagan /a �V U U V) i x Yea � _ r'( R - L -_ - c Q) 6 , It OL*tzf 3 .1 O'Paos avoll )jMV14XOV7G cc Jc ca CL 31 an -3 00'9Z I M.C*,040N C= LU U.j C--) w cr- coq City Council Meeting Minutes May 3, 2011 4 1 Page CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed the delinquent weed cutting bills, noting the City currently has 10 delinquent properties with an assessable amount of $2,676.80. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT REFUSE REMOVAL BILLS City Administrator Hedges discussed delinquent refuse removal bills, noting the City has one property with a delinquent bill. The assessable amount of the bill is $491.10. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for delinquent refuse removal bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING — JON POMROY City Administrator Hedges introduced the item regarding a Comprehensive Guide Plan Amendment from MD (Medium Density) to LD (Low Density) and a rezoning of approximately 1.7 acres from R -3 (Residential Townhouse) to R-1 (Residential Single Family) located at 3755 Blackhawk Road. City Planner Ridley gave a staff report. Jon Pomroy was present to answer questions of the Council. A brief discussion was held. Councilmember Tilley moved, Councilmember Bakken seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment to change the land use designation from MD, Medium Density (4 -12 units /acre) to LD, Low Density (0 -4 units /acre) for 0.81 acres located at 3755 Blackhawk Road. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to waive the adjacent community 60- day review and comment period for the Comprehensive Guide Plan Amendment. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT — FAITH CHRIST FELLOWSHIP City Administrator Hedges introduced the item regarding a request for a Conditional Use Permit to permit a preschool facility on the property located at 670 Diffley Road, Eagan Hills Alliance Church. City Planner Ridley gave a staff report. The applicant was present to answer questions of the Council. A brief discussion was held. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to permit a preschool facility upon property located at 670 Diffley, Road, legally described as Lot 2, Block 1, Eagan Hills Alliance Church Addition subject to the following terms: Aye: 4 Nay: 0 IID Agenda Information Memo June 7, 2011, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — WENZEL PROPERTIES (SHAWNEE PROFESSIONAL BUILDING) ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), a Conditional Use Permit for property located at 3600 Kennebec Drive, consisting of approximately 4.29 acres located northeast of the intersection of Kennebec Drive and Shawnee Road, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site contains an office /warehouse building constructed in 1971 and expanded in 1986 totaling approximately 53,000 s.f. The property is unplatted. ➢ A metal sided accessory storage building of 7,403 s.f. was constructed on the northeastern part of the site in 1987. This storage building has a roof overhang of approximately 12' which is open to the east, with walls on the north and south ends. ➢ Outdoor storage of service trucks and equipment is proposed east of the accessory building, including beneath the roof overhang. Eight service trucks, two large service trucks and two trenching machines are proposed to be stored outside beneath the overhang and within the fenced area east of the accessory building. ➢ This request was initiated after Code Enforcement in the area noticed the outdoor storage on this site and found there was no prior CUP for it. ➢ The back lot is current surfaced with Class 5 gravel. ➢ A fence enclosure adjacent to the accessory building encroaches onto adjacent property. ➢ The L- shaped building screens the back lot from the public streets and the applicant is requesting that this suffice for screening of the trash dumpsters, which are placed adjacent to and behind the building. ISSUES: ➢ Following the APC meeting, the applicant submitted a proposal for additional site improvements to be phased in, along with information regarding other improvements recently made on the property. ➢ The applicant requests the Council's consideration for investments they have recently made in the property, some at the request of City Code Enforcement, such as resurfacing parking areas, new front sidewalks, repairs to steps and new railings. In addition, the owners have also identified the need for a new roof on the building in the near future. ➢ Recent interior building improvements include painting, replaced carpeting, tile, phone lines, and metering devices. ➢ If the modified plan presented by the applicant is approved as now proposed, the conditions of CUP approval would be modified as attached. 60 -DAY AGENCY ACTION DEADLINE: Waived ATTACHMENTS (5): Location Map, pages U5_ thmagh - Planning Report, pages through March 22, 2011, APC minutes, pages through 16vF Proposed modified conditions of approval, page Proposed Site Improvement Plan and photos from Applicant, pages 12 I -0� Project Name: 3600 Kennebec Drive Request: Conditional Use Permit Case No.: 17- CU- 02 -01 -11 Feet 0 500 1,000 2,000 Legend JM11M City Boundary Parcels Parks Buildings N 41 City of Eapn I(3 Location Map PLANNING REPORT CITY OF EAGAN REPORT DATE: March 15, 2011 CASE: 17- CU- 02 -01 -11 APPLICANT: MSP Commercial HEARING DATE: March 22, 2011 PROPERTY OWNER: Wenzel Properties, LLC APPLICATION DATE: January 28, 2011 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 3600 Kennebec Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of vehicles and equipment upon 4.29 acres located at 3600 Kennebec Drive, on the northeast corner of the intersection of Kennebec Drive and Shawnee Road. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 11L� Planning Report — 3600 Kennebec Drive March 22, 2011 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY The property is unplatted. The initial office /warehouse building was constructed in 1971, with an addition in 1986 totaling approximately 53,000 s.f. In 1987, a metal sided accessory storage building of 7,403 s.f. was constructed on the northeastern part of the site. This storage building has a roof overhang on the east side that extends 12' out from the building. This overhang is open on the east side, with walls on the north and south ends. Some of the outdoor storage is proposed beneath this overhang. City staff was in the area for a code enforcement action on nearby property and identified the outdoor storage on this site. Upon researching the property, it was discovered that no CUP had been approved for outdoor storage on this site. EXISTING CONDITIONS The site is bounded by public streets on two sides, Kennebec Drive to the northwest and Shawnee Road to the south. The side /rear of the site abuts the MVTA bus garage property to the east. The property is developed with an L- shaped multi- tenant office /warehouse fronting Kennebec Drive and Shawnee Road. Parking is located in front of the building with driveway 16— Planning Report — 3600 Kennebec Drive March 22, 2011 Page 3 access to the site in four locations. Dock doors line the back of the building and the area behind the building is surfaced with Class 5. A detached accessory building is located in the rear yard with a fenced area to the east enclosed by a 6' chain link fence. The submitted survey shows the fence extends off the property onto the adjoining lot. Vehicles and equipment are stored within the fenced area and along the east side of the accessory building. SURROUNDING USES The site is completely surrounded by property zoned I -1, Limited Industrial and guided IND, Limited Industrial and utilized for a variety of industrial uses including office, warehouse, distribution, manufacturing, related outdoor storage and service garage. EVALUATION OF REQUEST Proposal - The applicant proposes outdoor storage of eight service trucks beneath the 12' overhang on the east side of the accessory building. In addition, two larger service trucks and two trenching machines are proposed to be stored outside within the fenced area. The Site Plan indicates that the fence will be relocated to eliminate the encroachment onto the adjacent property. The northeast corner of the accessory building is set back 24.8 feet from the east property line; the southeast corner is set back 50.46 feet. The narrative indicates that the detached storage building is leased to a tenant that also occupies space within the principal building. Product storage is located within the building, and only vehicles and equipment are proposed to be outside. The outdoor area is illuminated with metal halide lights mounted on the buildings, and security cameras on the principal building provide additional security. Trash dumpsters are located in the rear yard, but not within an enclosure. Trash storage should be brought into conformance with City Code requirements and relocated to within the building or within an enclosure constructed to City Code standards. Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses. Grading/Storm Drainage — No grading or additional paved area is proposed by the applicant. However, the gravel surface lot in the rear of the lot does not meet City Code requirements for Planning Report — 3600 Kennebec Drive March 22, 2011 Page 4 surfacing of parking, driving, or outdoor storage areas. City Code requires that outdoor storage areas be surfaced with concrete or an approved equivalent, that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most - widely -used surfacing material to control dust, and concrete curb & gutter/ storm sewer piping is the most - used method to control drainage. In the past the City has allowed recycled bituminous for outdoor storage areas particularly in the industrial area along Hwy. 13. But the applicant has not proposed such an alternative. All outdoor parking/ storage areas should be upgraded with bituminous asphalt, and constructed with perimeter concrete curb & gutter and storm sewer. This improvement should meet performance standards in the City Code such as preserving a minimum 25% green space, 5' setback from side and rear lot lines, storm water management, etc. The applicant should obtain a grading permit from the City prior to the reconstruction. The applicant should be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's codified land disturbance and erosion control regulations. Utilities — The existing building is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. The outdoor storage items will be enclosed by a 6' chain link fence. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage area is located in the rear yard. The storage items and extent of pavement should be set back a minimum of 5' from the property line, however, the relocated fence is not subject to a minimum setback and may be installed up to the property line. The edge of the pavement, when delineated by curbing, will ensure that stored items remain set back the minimum 5 feet. c. The outdoor storage area shall be screened from view from the public right -of4my and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed outdoor storage is screened from both Kennebec Drive and 117 Planning Report — 3600 Kennebec Drive March 22, 2011 Page 5 Shawnee Road by the building. Views from the north are screened by a natural wooded area on the adjacent lot. While credit is not typically given for screening located off -site, the adjacent lot is occupied by the MVTA bus garage and unlikely to be disturbed or developed due to the presence of buried fly ash north and east of the woods. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area is located at the outside edge of the property. At its closest point, there is 24.8 feet between storage building roof and the lot line. With a 5' setback for pavement, that distance is reduced to 19.8 feet. Care should be taken in placing items to ensure that proper access behind the building is maintained. e. The storage area shall not take up required parking spaces or landscaping areas. The proposal satisfies this standard. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. As identified in the Grading and Storm Drainage section of this report, the Class 5 area of the lot should be resurfaced with bituminous asphalt. Such resurfacing will satisfy this standard. To allow adequate time to prepare plans, obtain the grading permit and budget for this improvement, staff suggests a completion date of August 1, 2012. Landscaping — No new landscaping is proposed. It may be necessary to convert some areas of Class 5 to green space in order to satisfy required yard setbacks and to meet the 25% minimum green space standard. SUMMARY /CONCLUSION The applicant is requesting a Conditional Use Permit for the outdoor storage of service trucks and equipment. Eight service trucks are proposed beneath the 12' overhang on the east side of the accessory building and two larger service trucks and two trenching machines are proposed to be east of the building within the fenced area. The outdoor storage area may not be leased independently, but may be utilized by a tenant of the principal building. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of vehicles and equipment upon 4.29 acres located at 3600 Kennebec Drive, on the northeast corner of the intersection of Kennebec Drive and Shawnee Road. If approved, the following conditions should apply: If approved, the following conditions should apply: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 1/'W Planning Report — 3600 Kennebec Drive March 22, 2011 Paae 6 2. The outdoor storage shall be limited to 8 regular size service trucks, 2 large service trucks and 2 trenching machines. 3. The outside storage shall not be leased independently, but may be utilized by a tenant that leases space within the principal building. 4. The fence shall be relocated to eliminate encroachment onto adjacent property by July 11, 2011. 5. Outdoor storage items shall be located within the fence enclosure as shown on the Site Plan. Shifting of items to the south may be necessary to maintain appropriate drive width along the east side of the storage building. 6. All outdoor parking/ storage areas shall be upgraded with bituminous asphalt, and constructed with perimeter concrete curb & gutter and required storm drainage provisions by August 1, 2012. 7. The applicant shall obtain a grading permit from the City prior to reconstruction of the outdoor storage and parking areas. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's codified land disturbance and erosion control regulations. 8. This improvement shall meet performance standards in the City Code such as preserving a minimum 25% green space, 5' setback from side and rear lot lines, storm water management, etc. 9. All parking and storage areas shall be properly maintained to prevent deterioration. 10. Trash storage shall be brought into conformance with City Code requirements and relocated to within the building or within an enclosure constructed to City Code standards. 119 Location Map o; i _r ;• \_i s r t DflIa,Rd CIIHRd — Map Area Extent /Subject Site '/ n / ol ®� ®za._ r L IT V 4" / 1 `t &E 4 ! 1 5 1 Feet Project Name: 3600 Kennebec Drive (Wenzel Family LLC) 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case Nos.: 17- CU- 02 -01 -11 Su.n c City Boundary Parcels \ Parks Buildings N 111 4 City of Eagan ��,. * City of Evan Current Zoning and Land Use Map Application: 3600 Kennebec Drive Type: Conditional Use Permit Case No.: 17-CU-02-01-11 Zoning 1-1 - Limited Industrial P Subject Site R-3 R-3 IND Land Use Plan IND - Limited Industrial N 0 300 600 1,200 Feet O IND IND IND Subject Site 1,, M9 MD [MR] /2� IND IND IND Subject Site 1,, M9 MD [MR] /2� AERIAL 1.1 moq h't,. C x Nit i:� c� ? E ° `:g 2s`. � ° FY� B eEE:''% �' � 2€ Oo - a �R $ ^ Et ti B's •=3 Oo .aG a Q�� °ys3EF Y2°�`g FE3E "a zY� 6 lu •!'F L S e 'e .t _ L, Ys • B €`E'l jni. NS E FF Rs e Ya'u;us's:�; 30- _ pv ti .s8 u. PE Eg °Ee ba- F:R & ^EI, ^ �a: — � — � — � - °a s a ��`___ P.,d S E° . - 2E /�3 SITE PLAN J � I L.LJ s r° C4 CL 7 a •^ I . J I 3 i W 1 - — ga .0f.St•81� - s / a I /�3 SITE PLAN _tom Y t Wooded area inside this boundary, approximately 50 feet.in depth ^ (Consists of established trees and brush) ---Choi fence encrooches d P ��'�•' cv •' NINE`' � `��. S N Conde {e W011 C O o j SF 9 y � c � JV T'u Overhea door IGj M v v � c 1 O g t C P to A 8 g aA e S 1 f e U 01 I > r 7 S��E PLPN January 27, 2011 NARRATIVE TO THE CONDITIONAL USE APPLICATION 3600 SHAWNEE ROAD EAGAN, MINNESOTA, 55121 Z y The subject property is located at the intersection of Shawnee Road and Kennebec Drive in Eagan, Minnesota. The property encompasses 4.29 acres of land. The improvements A on this land consist of a 47,401 square foot multi - tenant combination of office and Q office /warehouse property. This property is in an L -shape and borders are perpendicular Z with Shawnee Road and Kennebec Drive. At present, the main building is approximately Z 70% occupied. m� ° Situated in the rear of this property, in the North/East corner, there is a separate steel N sheet structured building. This building is the subject building for this Conditional Use s C 00 Application. It measures 102.4' in length and 84.3' in width, with a total square footage V of 8,632. However, there is a cantilevered roof overhang on the North East side of the ° building that is divided from the main interior shell of the property. The overhang area s measures 12' depth and 102.4 feet in length, or 1,229 square feet total. This is deducted from the 8,632 square feet of the entire structure, leaving the internal core of the structure at 7,403 square feet. This overhang can accommodate up to eight regular sized service trucks, which will be, for the most part, out of sight from the general public. The yard area around the North East side of the subject property is enclosed with a 6' high chain link fence. As noted on the site plan that was done in January 2011, this chain link fence encroaches the land to the North West of the property line. It is our intent to have the property line stacked out in the spring 2011 and move this fence to the correct boundaries. With the reduction of the chain linked area, we would still be capable of comfortably storing up to two separate trenching machines as well as t large sized se rvice truck. Regarding product storage, we have a truck height dock on the West side of the subject building and a drive in dock on the Ease side. Both of these entrances are equipped with full size overhead doors. There should not be a need to store trade product inside the chain linked fence. The plan that we have presented includes locations for a fairly large amount of Metal Halide lighting on this side of the property. All locations reflected are exact location. Lighting should not be an issue. In addition, we also reflect the locations of the security cameras on the North elevator of the main property. These cameras view the entire rear side of the main property, to include the subject area. This security system was installed two month ago, and is fully functional. At present, the subject building is leased to Cable Systems, Inc. This company occupies suite 3590 in the main building as well as the subject structure. It is our position that the subject building will continue to be utilized by a tenant that is housed in the main E M Conditional Use Narrative Page Two building. It will always be either a utility service company or a mechanical service contracting company. Your consideration in granting us a Conditional Use Permit for this application would be greatly appreciated. Respectfully, Richard H. Hanson Vice President — Property Management MSP Commercial as agent to Wenzel Properties, LLC 651- 287 -8888 rhanson @mspcommercial.net Z--1k Advisory Planning Commission March 22, 2011 Page 2 of 10 IV. PUBLIC HEARINGS A. Shawnee Professional Building Applicant Name:MSP Commercial Location:3600 Kennebec Drive Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage. File Number: 17- CU- 02 -01 -11 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 15, 2011. She noted the background and history. Vice Chair Heaney asked if the applicant was present. Rick Hanson, MSP Commercial, representing the applicant asked what happens to the CUP if they cannot do the site improvements called for. He indicated the cost estimates for paving the back lot are quite high. Member Dugan asked if this site could use an alternative material as has been approved on other sites. City Planner Ridley responded that while the City has previously, allowed compacted recycled bituminous for outdoor storage areas, that material has not been typically used for regular traffic circulation areas. Cary Wenzel, Wenzel Properties LLC, representing the owner, indicated that this property has had outdoor storage for' years. They are swilling to work with the City, and have already made substantial investment in new parking lot and sidewalks in front of the building. City Planner Ridley acknowledged improvement efforts made to date by the applicant and stated the City is willing to consider alternatives or phasing in of improvements over longer period of time. Vice Chair Heaney opened the public hearing. There being no: public comment, Vice Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Dugan indicated he would be more comfortable with an approval if the City Council has alternatives and a timeline they are comfortable with. Member Piper suggested the Commission add recycled bituminous as an option to condition #6. Member Piper moved, Member Filipi seconded a motion to recommend approval a Conditional Use Permit to allow outdoor storage of vehicles and equipment upon 4.29 acres located at 3600 Kennebec Drive, subject to the following conditions: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. Ior�7 Advisory Planning Commission March 22, 2011 Page 3 of 10 2. The outdoor storage shall be limited to 8 regular size service trucks, 2 large service trucks and 2 trenching machines. 3. The outside storage shall not be leased independently, but may be utilized by a tenant that leases space within the principal building. 4. The fence shall be relocated to eliminate encroachment onto adjacent property by July 11, 2011. 5. Outdoor storage items shall be located within the fence enclosure as shown on the Site Plan. Shifting of items to the south may be necessary to maintain appropriate drive width along the east side of the storage building. 6. All outdoor parking/ storage areas shall be upgraded with bituminous asphalt, and constructed with perimeter concrete curb & gutter and required storm drainage provisions by August 1, 2012. 7. The applicant shall obtain a grading permit from the City`'pror,to reconstruction of the outdoor storage and parking areas. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's codified land disturbance and erosion control regulations. 8. The surfacing improvement shall meet performance standards in the City Code such as preserving a minimum 25% green space, 5' setback from side and rear lot lines, storm water management, etc. 9. All parking and storage areas shall be properly maintained to prevent deterioration. Landscaped areas shall be properly maintained per City Code standards. 10. Trash storage shall be brought into conformance with City Code requirements and relocated to within the building or within an enclosure constructed to City Code standards. Member Dugan indicated he cannot vote in favor of the permit if the improvements are not going to happen. Member Piper indicated that he did not include any changes to the conditions of approval in his motion, but that the Council may modify the conditions if the applicant can provide information on an alternative timeline or approach to site improvements that is acceptable to the Council. Member Dugan concurred,with that approach All voted in favor. Motion carried 5 -0. Shawnee Professional Building Applicant Name:MSP Commercial Location:3600 Kennebec Drive Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage. File Number: 17- CU- 02 -01 -11 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to 8 regular size service trucks, 2 large service trucks and 2 trenching machines. 3. The outside storage shall not be leased independently, but may be utilized by a tenant that leases space within the principal building. 4. The fence shall be relocated to eliminate encroachment onto adjacent property by d41y 11, 2011: June 30, 2012. 5. Outdoor storage items shall be located within the fence enclosure as shown on the Site Plan. Shifting of items to the south may be necessary to maintain appropriate drive width along the east side of the storage building. by August 1 20 Fenced in storage area and loading dock off of the pole building may have recycled bituminous, rolled and packed, to be completed by October 30, 2013. The remainder of the rear parking area may have recycled bituminous, rolled and packed, to be completed by October 30, 2015. 7. The applicant shall obtain a grading permit from the City prior to reconstruction of the outdoor storage and parking areas. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's codified land disturbance and erosion control regulations. 8. The surfacing improvement shall meet performance standards in the City Code such as preserving a Minimum 25% green spans 5' setback from side and rear lot lines, ter magagement etG. and result in a net decrease in impervious surface on the site. 9. All parking and storage areas shall be properly maintained to prevent deterioration. Landscaped areas shall be properly maintained per City Code standards. 10. FeIGGated te within the building OF WithiR an eRGIOSure GORStFUGted te Gity Code stand Trash storage shall be located behind and adjacent to the building such that it is not visible from the public streets. All trash shall be contained within the dumpsters, and any Pallets neatly stacked or other recyclable materials properly contained and placed in the same area and removed from the site on a regular basis per City Code. REVISED CONDITIONS OF APPROVAL I1__�9 I snz Ix RIVE KENNEBEC D 8 -- -- pR� �� HgSEOyAt S/r ENT PLAN Item #10 photo Vitt Agenda Information Memo June 7, 2011, Eagan City Council Meeting B. INTERIM USE PERMIT — OAK HILLS CHURCH ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) an Interim Use Permit (IUP) to allow a community garden located at 1560 Yankee Doodle Road, Lot 1, Block 1, Nature's Preserve, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The 7 acre parcel is zoned Residential Multiple (R -4) and located south of Yankee Doodle Road, west of Oak Hills church. ➢ The property is undeveloped; however, the property was rezoned from Agriculture (A) to R -4 in 2003 to allow consideration of senior condos. ➢ Oak Hills church has since purchased the property with plans to expand their existing facility. The Oak Hills church property is zoned Public Facility (PF) and community gardens are an allowed use in such zoning district; however, they are not allowed in residential districts. ➢ The purpose of an IUP is to allow a reasonable use of property for uses not specifically permitted in a zoning district, on a temporary basis. ➢ The applicant proposes a five year term for the Eagan Resource Center, a local food shelf, to operate a community garden. The five year term is to allow for financing and planning of the church expansion. ➢ The APC held a Public Hearing on May 24, 2011 and is recommending approval with a five year term. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Deadline expires June 19, 2011 ATTACHMENTS (3): Location map on pag r 2�— Draft May 24, 2011 APC minutes on agel ^ r?.� - Q Staff report on pages137L through � 133 Project Name: 1560 Yankee Doodle Road /Oak Hills Church 0 Request: Interim Use Permit Case Nos.: 16- IN- 02 -04 -11 1 1 — 1 Feet 500 1,000 2,000 Legend ,toilm City Boundary Parcels \ Parks Buildings N 4 City of Eagan 1�q— Location Map Advisory Planning Commission May 24, 2011 Page 3 of 13 IV. PUBLIC HEARINGS New Business A. Oak Hills Church Applicant Name: Oak Hills Church Location: 1560 Yankee Doodle Rd; Lot 1, Block 1, Nature Preserve Application: Interim Use Permit An Interim Use Permit to establish a community garden. File Number: 16- IN- 02 -04 -11 Planner Thomas introduced this item and highlighted the inform report dated May 18, 2011. She noted the background and hist Member Piper inquired about the Interim Use Permit verses Jr&oning to Public F Member Filipi inquired about the restoration require the City Staff Planner Thomas explained that the applicant is not ready tq the parcels and rezone the property at this time. She explained the guidelines used for corrtriaunity gardens that include restoration back to turf after discontinuation bf;the IUP or garden i s' - e. She explained that maintenance of the site should occur at the end .qf a ph season. Darren Lee, Oak Hills Church, discussed the quete�d five =dear term and explained that the delay in rezoning is due to financial needs and strategy for expansion. Member Vanderpoel gardens. Lisa Horn, Eagan Res' but rather sunflower pl teepee. She stated.,,nc gardens. She explain She explained the tots the county. She stated term�,vfiettld help contrc Chair H unity teepees and chemicals used on the community rde,1Cegtelr; :ek0lain d that the teepees are not permanent structures is grev+in and tied together at the top with vine plants growing up the ldrni als, only organic material or treatments, will be used in the that an,.Resource Center is a food shelf and non - profit in Eagan. udget orgardens this year is $10,000 between four gardens across e111,250 application fee is a hardship for them; therefore the five -year ieir costs. public hearing. There being no public comment, Chair Heaney closed the public hearing and turned the discussion back 4o the Commission. City Planner Ridley stated Interim Use Permits are typically for three years. He explained that any future plans for expansion would not be impacted with the zoning of the property and that this use would be a permitted use when rezoned. Member Jansma asked if an Interim Use Permit was applied for with the garden use last year. Planner Thomas explained that there was no formal process for community gardens last year; /313 Advisory Planning Commission May 24, 2011 Page 4 of 13 the City has no data showing a community garden on this property last year. She stated an Interim Use Permit was deemed necessary this year. Member Jansma requested an additional condition requiring Gopher State One be contacted to mark boundaries of electrical, gas, and communication lines on the property prior to construction of garden. Member Piper stated there have been prior IUP's granted with five year approvals. Member Filipi further noted that five year IUP's have also been granted exteritJons. With the current economy he was in support of the five year request. Member Filipi moved, Member Piper seconded a motion to recommend,a�groal of an Interim Use Permit to establish a community garden on the property locai<!04h�it 1560 ifkee Doodle Road legally described as Lot 1, Block 1, Nature Preserve, subjettfb the follo as amended: 1. The Interim Use Permit shall be recorded at Dakpta 60 days of approval by the City, and proof of recording shall be submittett"to the City. . 2. The permit shall terminate on October 31, 2015. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of''0, permit are within compliance. The interim use permit may be revoked fb(40 lure to comply uvitn any condition of the permit following notice of the noncom pliance ° .' b r the° °City Council with all interested parties being given an opportunity to be heard 4. This permit approves the use of a comrOUhity g ''=den, wvhich shall be located as shown on the approved Site Plan with t4 p,9pecificatroh identified on the approved Garden Plan. 5. Refuse cans shall be proyadedite. 6. Restoration of the plots sail oce the eno ofthe growing season. 7. The land shall be reetiored at th6= nd of the "1 terim Use Permit to be in compliance with the City of Eagan's tgo'gI - - ss ordina.�ice .. ' 8. At all times, any and AI, mater als, supplies and tools shall be contained within the area as defined by the C*Oden Plan. Any and all such materials, supplies and tools shall be stored, placed ordispose cfo no closer than 30 feet of the wetland boundary. 9. At no time shall h1s �i gradabl :tigarden debris or compost be stored, placed or disposed of closer#h'an 30 feet ,he wettand boundary. 10. vefild6 access to fihe harden site shall only be from the Oak Hills Church property off of (: �C hman Road. 1'heie shall be no direct access from Yankee Doodle Road. 11. Gopher State Onq- ,, 'shall be contacted to mark boundaries of electrical, gas, and comrri'Aipat ort, iho on the property prior to construction of garden. All voted in favor carried 5 -0 J PLANNING REPORT CITY OF EAGAN REPORT DATE: May 18, 2011 APPLICANT: Oak Hills Church PROPERTY OWNER: Same REQUEST: Interim Use Permit LOCATION: 1560 Yankee Doodle Road CASE: 16- IN- 02 -04 -11 HEARING DATE: May 24, 2011 APPLICATION DATE: April 20, 2011 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: MD, Medium Density ZONING: R -4, Residential Multiple SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to establish a community garden on the property located at 1560 Yankee Doodle Road legally described as Lot 1, Block 1, Nature Preserve. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 6. The city determines that the property is in compliance with City Code. 437 Planning Report — Oak Hills Church May 24, 2011 Page 2 City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Y Planning Report — Oak Hills Church May 24, 2011 Paee 3 BACKGROUND/HISTORY A rezoning from A, Agriculture to R -4, Residential Multiple was approved in 2003 to allow the consideration of senior condos. The final plat was recorded in 2004. The development did not move forward and Oak Hills Church has since acquired the property and plans a future expansion of their facility. According to the applicant, a community garden was operated on the property in 2010. The City received no complaints regarding a garden on the property. EXISTING CONDITIONS The most prominent feature of this site is the large wetland located in the center of the site. To the north, the land is relatively flat. South of the wetland, the property has a large variation in topography as it slopes upward to the southeast. The southerly portion of the property is heavily wooded, and the northerly portion contains scattered significant trees. There is an existing curb cut to the site from Yankee Doodle Road; however, access to the site should be limited to the Oak Hills Church property to the west, which receives access off of Coachman Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — Community gardens are not permitted within residential zoning districts. However, the purpose of the Interim Use Permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the City Council upon recommendation of the Advisory Planning Commission. 137 Existing Use Zoning Land Use Designation North Apartment(Gramercy LB, Limited Business and O /S, Office /Service and senior building) NB, Neighborhood RC, Retail Commercial and restaurant Business (Carbone's) South Single Family PD, Planned Development LD, Low Density Residential East Townhomes R -3, Residential MD, Medium Density Townhouse West Oak Hills Church PF, Public Facilities QP, Quasi - Public EVALUATION OF REQUEST Compatibility with Surrounding Area — Community gardens are not permitted within residential zoning districts. However, the purpose of the Interim Use Permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the City Council upon recommendation of the Advisory Planning Commission. 137 Planning Report — Oak Hills Church May 24, 2011 Paee 4 Community gardens have been allowed in Park and Public Facility zoning districts. While the subject property is owned by Oak Hills Church and they have intentions of expanding onto the property, it is currently a parcel of its own and remains zoned R -4 from the previous development proposal. Proposal — The Applicant proposes to utilize a portion of the vacant property for a community garden in partnership with the Eagan Resource Center. The growing season is proposed to run from May through October and be operable between the hours of 6 a.m. — 10 p.m. A variety of garden styles and sizes are proposed, including: • Community Tepee's • Community tomato Tepee's • 25 -5' x 20' Garden Plots • 4' x 8' Raised Gardens to be supplementary and designed to beautify the space • Six foot spacing proposed between garden plots with 3'- 4' woodchip walkways • Strawberry plantings along the top of the retaining wall Three rain barrels are proposed to assist with irrigation. A compost area is designated on the south end of the site with a vineyard adjacent to provide screening. There are no refuse cans identified on the Site Plan. Refuse disposal should be addressed by the applicant. Term — The Applicant requested a 5 -year term for this Interim Use Permit. Staff suggests a term of 3 years would be more appropriate for this interim use. Being that the church intends on expanding onto the property at some time in the future, rezoning the site to Public Facilities and combining it with the church property into a single parcel should occur within the next three years. Wetlands /Water Quality — This proposed community garden is located adjacent to City Pond CP- 1, which is in the state public waters inventory ( #19- 0138W). There are no proposed impacts to this wetland so long as the activity remains as shown on the Garden Plan. SUMMARY /CONCLUSION Oak Hills Church is requesting approval of an Interim Use Permit to allow a community garden located at 1560 Yankee Doodle Road. The proposal is similar to other community gardens associated with churches throughout the City which have a PF zoning and have been approved administratively. A term of five years is requested, however, staff suggests a term of three years would be a more appropriate interim term that would provide the church ample opportunity to host the community garden and rezone the property. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to establish a community garden on the property located at 1560 Yankee Doodle Road legally described as Lot 1, Block 1, Nature Preserve. If approved, the following conditions should apply: I� Planning Report — Oak Hills Church May 24, 2011 Page 5 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on October 31, 2013. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. This permit approves the use of a community garden, which shall be located as shown on the approved Site Plan with the specifications identified on the approved Garden Plan, 5. Refuse cans shall be provided on site. 6. Restoration of the plots shall occur at the end of the growing season. 7. The land shall be restored at the end of the Interim Use Permit to be in compliance with the City of Eagan's turf grass ordinance. 8. At all times, any and all garden materials, supplies and tools shall be contained within the area as defined by the Garden Plan. Any and all such materials, supplies and tools shall be stored, placed or disposed of no closer than 30 feet of the wetland boundary. 9. At no time shall biodegradable garden debris or compost be stored, placed or disposed of closer than 30 feet of the wetland boundary. 10. Vehicle access to the garden site shall only be from the Oak Hills Church property off of Coachman Road. There shall be no direct access from Yankee Doodle Road. X41 Location Map •�� ii �� i� Ii �� ii •�• • qw"i w, 0 ,, ilot Knob Pai Central Park Park Subject Site NIP 0 , 0 a m O z =I�M� i i DiflNy Rd CIiN Rd Map Area Extent . 7�7/ y ' , 0 _ -- COUNW ROADT0.28 (YA Feet Project Name: 1560 Yankee Doodle Road /Oak Hills Church o 500 1,000 2,000 Request: Interim Use Permit Legend Case Nos.: 16- IN- 02 -04 -11 , „ 16,,,i City Boundary Parcels Parks Buildings N I * City of Eap - 14a �Ic A b � City of Eap Current Zoninq and Land Use Map Application: Oak Hills Church Type: Interim Use Permit Case No.: 16-IN-02-04-11 Zoning R-4 - Residential Multiple L RD R-4 P- Site Su b j ec t bj e A RD ct e ) fWNIB B 1 PD NBI j 28 (YANKEE DOODLE ROAD P p \ - F�7 R-4 Vvi 5 74 PF P E. a. -Pi P 'JU R LB F J I Land Use Plan MD - Medium Density N 0 300 600 1,200 Feet 0 L) HD ------ P- Mn M0 Subject Site is RC RCJ O/S O. 28 (YANKEE DOODLE ROAD Qp; R6 P-- < �s M0 L O �]G &T QP I N r EB =-Ols P >1 I. 3 r,t r 04: AV wzz n 0 la 0 W , g�l 17 it � Sr IT Al - AM iN -Ar -------------------- _ — - -- - -- -- SITE PLAN __ COACHMAN 4040 i _ �r _----------------- .-------------- I I ' II 1 1 i I I I I I I f rl - -- a u nao n j' u u - - f I -- - - - - - - -- ----- - - - - -- ° 4 = _________- \\ \ 1 � 1 ` 1 I I I � 1 �x Um o 1 1 o2 o 1 =� \ n , i I I i I A I l 1 / ' I I ! i / 1 I I \ I i _ �r _----------------- .-------------- I I ' II 1 1 i I I I I I I f rl - -- a u nao n j' u u - - f I -- - - - - - - -- ----- - - - - -- ° I I J I I to ,a s a V ` Q � Y \_ QL �1 d } C E'T'1 J� 0 \ j \ I i I I i I , I I J I I to ,a s a V ` Q � Y \_ QL �1 d } C E'T'1 J� 0 A.Iql WIOA - I IWA C r GARDEN PLAN FEE 3 RECEIVE() APR 2 0 2011 Oak Hills Church Community Garden 2011 1560 Yankee Doodle Rd Eagan, MN 55121 PID: 10- 49900 -01 -010 Total Acreage: 7.11 Acreage used for garden: <1 acre What We Want To Do RECEIVED APR 20 2011 Having been approved for a community garden in 2010, Oak Hills Church plans to continue using a portion of 1560 Yankee Doodle Rd for a community garden in partnership with the Eagan Resource Center. The area proposed for the garden is larger than the area approved by Eagan in 2010, but is still a small fraction of the overall lot. The garden's principal purpose is to feed under - resourced families in the Eagan community. We plan to teach people how to grow healthy foods and prepare healthy meals for their families in hopes that we can make a generational impact in our community, helping families in poverty find health and wellness. The area previously approved for community garden use is located on 1560 Yankee Doodle Rd; property owned by Oak Hills Church which is next door on 1570 Yankee Doodle Rd. 1560 Yankee Doodle Rd is an empty, undeveloped lot which we, Oak Hills Church, maintains so that is not an eyesore for the Eagan community. We feel that further development of the existing community garden is truly a holistic contribution to Eagan - it beautifies the empty lot and helps alleviate some of the hunger and poverty problem in our community. Access to the garden is and will continue to be limited to 1570 Yankee Doodle Rd. Included with this application is a comprehensive guide for those using the garden including rules and plans. Zoning classification No change requested. Timing This garden is a short-term, interim use for 1560 Yankee Doodle. Eventually, Oak Hills Church plans to expand our facility onto this property. We plan to use this land for 5 years as a community garden. Cultivation, addition of topsoil and planting to begin immediately. Existing Land Use Empty lot owned and maintained by Oak Hills Church with an area designated for an existing community garden. Surrounding Land Use 1570 Yankee Doodle Rd - Oak Hills Church Agenda Information Memo June 7, 2011, Eagan City Council Meeting C. CONDITIONAL USE PERMIT — ROCLAR WAREHOUSE INC ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow the outdoor storage of licensed vehicles, trailers, two trash containers and nine storage containers on property located at 3660 Kennebec Drive and legally described as Lot 6, Block 2, Cedar Industrial Park, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned I -1 (Limited Industrial), and surrounded by similar zoning districts and businesses with outdoor storage. ➢ A CUP was issued for the property in 1975 but did not approve the items currently stored outdoors. ➢ Tires, tools, machinery, buckets, pallets, unlicensed vehicles and other miscellaneous items are on the property and will be cleaned up and/or removed as part of this approval. ➢ The existing outdoor storage occurs in the rear yard and through the conditions of approval will meet the outdoor storage requirements. ➢ Outdoor storage and encroachments by surrounding properties will be removed and are not part of this approval. ➢ Outdoor storage is only allowed by tenants of the principal building. ➢ The existing outdoor storage area consists of a gravel surface; however, gravel is not an allowed surface material. ➢ The Advisory Planning Commission (APC) is recommending a recycled bituminous surface similar to outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. ➢ The APC held a Public Hearing on May 24, 2011 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: June 7, 2011 ATTACHMENTS (3): Location map on page Draft May 24, 2011 APC minutes on p 0 a e 1 Staff report on pages t5 hroughW M Project Name: 3660 Kennebec Drive /Roclar Warehouse Request: Conditional Use Permit Case Nos.: 17- CU- 10 -12 -10 I I I Feet 500 1,000 2,000 Legend JIM11M J IMmj City Boundary Parcels \ Parks Buildings N 4 0 10. City of Eagan /µq Location Nlap Advisory Planning Commission May 24, 2011 Page 5 of 13 B. Roclar Warehouse, Inc. Applicant Name: Roclar Warehouse Inc Location: 3660 Kennebec Drive; Part of Lot 6, Block 2, Cedar Industrial Park, Dakota County Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of licensed vehicles, trailers, two trash containers and nine storage containers necessary for the operation of business activity involved in light concrete construction and landscaping. File Number: 17- CU- 10 -12 -10 Planner Thomas introduced this item and highlighted the information prested in the City Staff report dated May 19, 2011. She noted the background and history. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the puichearing and turnefahe discussion back to the Commission. Member Piper clarified the location of the proposed gate and recommended the revised Site Plan to specifically reference the gate location. Member Vanderpoel questioned if the CUP stayed with the p'roperty or had an end date. City Planner Ridley clarified that a CUP is`! with the property. Member Filipi stated there has been a precedent established with the use of recycled aggregate and that it is an improvement ove r,.sing the � i tng Class V as a surface material. Member Filipi moved, Memb6,r' �,a inotion to recommend approval of a Conditional Use Permit tq <ellow outdoor storage of licensed vehicles, trailers, two trash containers and nine storage cont4i prx property located at 3660 Kennebec Drive legally described as Lot 6, Brick r lhdu 'tPark, subject to the following conditions as amended. 1. This Cpr�ditional USe,Permit stall be recorded at Dakota County within 60 days of approval by the %aI Council.:: 2. he'; storage -shall be limited to a maximum of 9 containers and located in the outdoor, storage area As identified on the Site Plan received January 24, 2011 3. The applicant shall "'submit a revised Site Plan identifying 21 parking stalls, striped per Code Requirements, .and reflect the established setback requirements. 4. The revised Site Plan shall include the location of the landscape vehicles and trailers, and trash containers. 5. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2011 6. The applicant shall install the gate as identified on the Site Plan dated January 24, 2011 by August 1, 2011. 7. A minimum 20' emergency access aisle shall be designated and maintained on the south and west sides of the building, and a 24' drive aisle shall be maintained through the parking and storage area along the east side the building. 8. The fabric for the chain link fence and gate shall be kept in premium condition. Replacement of the fabric and fence shall occur immediately if they fall into disrepair. Advisory Planning Commission May 24, 2011 Page 6 of 13 9. Miscellaneous items not shown on the approved Site Plan shall be removed from the storage area and located inside the storage containers or principal building or removed from the site no later than June 1, 2012. 10. City Code violations pertaining to expired license tabs, non - licensed trucks and outdoor storage of tires, empty barrels, auto parts and other debris shall be corrected no later than June 1, 2012. 11. The storage area shall be cleared of debris and weeds and maintained in an orderly fashion. 12. All parking and storage areas shall be properly maintained to prevent deterioration. 13. Outdoor storage shall be limited to operational vehicles and associated.,with the tenants' businesses. 14. Outdoor storage shall be limited to items that are affiliated to the business conducted by the owner and /or lawful tenants that occupy leased space in the principabuilding. 15. The fence and storage encroachment on the western property line shl #a removed no later than June 1, 2012. Outdoor storage along the west property It + t`nof ih with this approval. -- 16. (B) If recycled asphalt aggregate is used for the outdopr areas, 'thy -,,site will be subject to periodic review by city staff for adequacy i4,4ke material to control dust and drainage. The first review will occur two years fQl,,(m ng approval of this permit. If the material is determined to be inadequate, they = will retire that it be replaced with bituminous asphalt. The recycled asphalt aggregate,�ompleted by August 1, 2012. 16. The applicant shall obtain a grading permit from the Ctrior to the reconstruction of the proposed outdoor storage areas. All /G' PLANNING REPORT CITY OF EAGAN REPORT DATE: May 19, 2011 APPLICANT: Roclar Warehouse, Inc. PROPERTY OWNER: Same REQUEST: Conditional Use Permit LOCATION: 3660 Kennebec Drive CASE: 17- CU- 10 -12 -10 HEARING DATE: May 24, 2011 APPLICATION DATE: December 15, 2010 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: 1ND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of licensed vehicles, trailers, two trash containers and nine storage containers on property located at 3660 Kennebec Drive legally described as Lot 6, Block 2, Cedar Industrial Park. AUTHORITY FOR REVIEW Outdoor storage is allowed via a Conditional Use Permit when conducted by an occupant of the principal building, subject to the regulations of the Conditional Use Permit and Outdoor Storage standards. Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. S0--� Planning Report — Roclar Warehouse CUP May 24, 2011 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY Roclar Warehouse has operated their facility for 35 years with outside storage. Currently, there are five tenants, two which require outdoor storage space. One tenant has been on the site for 20 years, the other for over 30 years. Neither of these tenants are tenants of the principal building. Outdoor storage of vehicles and equipment is not unusual in this industrial area; however, the City Code requires outdoor storage to be conducted by an occupant of the principal building. On August 26, 1975, the Eagan City Council approved a Conditional Use Pen for outside storage for Tessman Seed and Chemical Company. The only conditions stated in the minutes were in regard to the installation of 1 '' /z" trees shown on the landscape plan. It was noted that only decorative stone, peat moss, etc. for nursery purposes, in plastic bags, would be stored outside. No conditions were placed as to how much or how high the outdoor storage could be. ��3 Planning Report — Roclar Warehouse CUP May 24, 2011 Page 3 A complaint regarding the outdoor storage was received by City Code Enforcement staff in 2010. City staff began working with the property owner, but due to the applicant being a legal resident of Florida and leaving Minnesota during the winter months, the applicant requested that action on the application be delayed until May 24, 2011. EXISTING CONDITIONS There is one building located on the site, approximately 12,000 SF in size, which was constructed in 1976. City staff visited the site during the Fall and Winter of 2010 and observed storage related to a seed company, cement contractor and landscaping business stored outside. Staff also observed semi - trailers that were used for storage, of which many had flat tires, and permanent ramps were constructed leading up to them. It was apparent that these trailers had not been moved in many years as trees had begun to grow out of and around them. There were also non - business related storage items on the site and vehicles with expired license tabs; refuse - such as empty barrels, pallets, tires, auto parts and numerous miscellaneous items. A recent site visit found that most of those items remain. Storage of the items is not permitted by City Code and should be removed from the site immediately. Additionally, it appears that a connection between the subject parcel and the property to the east has been created in the center of the site. City Code does not allow for shared access unless the proper easements are in place. Also, it appears as though the property to the west has encroached upon the subject parcel by installing a fence and locating storage on the applicant's property. This encroachment and storage is not allowed and should be removed from the site. SURROUNDING USES The subject site is surrounded by I -1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses; however, a concerted effort to remove refuse and organize the site is necessary. 1� Planning Report — Roclar Warehouse CLIP May 24, 2011 Page 4 Site Plan — The applicant proposes the outdoor storage of items that pertain to the tenants' businesses. Specifically, the items include landscape vehicles (licensed vehicles, trailers and skid loaders), storage containers for landscape product (erosion control blankets, edging, landscape tools, mowers, snow plows, wheel barrows, etc...), and storage containers for a construction business (mixers, tools, rerod, concrete forms, etc...). The Site Plan received January 24, 2011 provides the location of the outdoor storage, with a maximum of 8 storage containers and two docks that are currently located in the parking lot /storage area. Upon further discussion with the applicant, staff learned there are 9 containers on the site which are proposed to remain. The containers include one cargo container, one shed, six semi trailers and one smaller trailer. The Site Plan does not delineate the location of the landscape vehicles and trailers. A revised Site Plan should be submitted to include these vehicles, trailers, the additional container and dumpsters. Outdoor Storage — The standards for outside storage found in City Code Section 11.70 Subd.22 are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. The storage area is surrounded on three sides by a six foot cyclone fence. The applicant proposes to install a cyclone fence gate, with a fabric cover, to screen the outdoor storage from the public right of way. This gate is proposed to be located approximately 220 feet into the site. The applicant further proposes to utilize nine storage containers, to be located within the fenced area, to enclose the miscellaneous equipment. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The existing storage areas are in the side and rear yards and tenant trailers occupy employee and customer parking stalls as well. Additionally, the adjacent property owner has storage that encroaches upon the subject property which is not allowed and does not meet setback requirements. Outdoor storage items from the adjacent properties should be removed and required setbacks should be delineated from all property lines as required by City Code. The applicant will need to reestablish the five foot setbacks from the side and rear property lines as mentioned previously in this report. 3. The outdoor storage area shall be screened from view f -om the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. /SS7 Planning Report — Roclar Warehouse CUP May 24, 2011 Page 5 The adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I -l. The applicant proposes to install a gate with fabric to screen the outdoor storage from the public right -of -way. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The areas behind the building appear unorganized and haphazard. Without clear definition to separate vehicle and pedestrian movement and define traffic patterns within the site, safety is compromised. In addition, emergency vehicle access should be maintained around the building as best as possible. A minimum 20' wide driving aisle is necessary to accommodate emergency vehicles and should be designated and maintained around the north, south and east sides of the building, and a 24' drive aisle should be maintained through the parking area. 5. The storage area shall not take up required parking spaces or landscaping areas. The 12,000 SF warehouse building requires 21 parking spaces. The Site Plan identifies 12, 10 ft x 18 ft parking spaces. During the site visit, staff encountered a vehicle parked on the grass as there were not enough parking stalls. Also, company trailers were parked in the parking stalls that should be for employees and customers only. The applicant should submit a revised Site Plan identifying 21 parking stalls, striped per City Code requirements (10 ft x 19 ft). The Site Plan should also reflect the delineation reestablished between the adjacent properties to the east and west and the location for the trailers in the approved storage area. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to maintain a majority of the parking and material storage area with a gravel surface, which is further discussed later in this report. Trash Containers — The Applicant's narrative states that a 3 cubic foot garbage container will be stored inside the building and brought out on collection day. City Code requires trash containers to be stored in an enclosure constructed of materials to match the exterior of the principal structure or located indoors. The applicant has since requested that the trash containers be included in the outdoor storage request to allow for better site functionality. The containers are proposed to be located adjacent to the building, behind two of the storage trailers. They will be located in the enclosed storage area. The location of the trash containers should be depicted on the revised Site Plan. Parkin Storage Area Maintenance — The applicant currently utilizes the storage area in the rear of the site which consists of a gravel surface. `,Gl� Planning Report — Roclar Warehouse CUP May 24, 2011 Paae 6 The applicant is not proposing to construct the perimeter of the outdoor stage areas with concrete curb and gutter. City Code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The current gravel surface does not meet these requirements. Bituminous asphalt is the most - widely -used surfacing material to accomplish this requirement and is required for off - street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. Those conditional use permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the reconstruction of the proposed outdoor storage areas. Storm Drainage — No additional improvements to the existing storm drainage system are necessary with this application. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Access — Permanent access to the site is currently from the driveway entrance onto Kennebec Drive. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of landscape vehicles (licensed vehicles, trailers and skid loaders), storage containers for landscape product (erosion control blankets, edging, landscape tools, mowers, snow plows, wheel barrows, etc...), and storage containers for construction (mixers, tools, rerod, concrete forms, etc...). The site is in a serious state of disarray and significant effort will be necessary to correct the situation. Additionally, there are large amounts of refuse and dilapidated trailers and vehicles that have been on site for many years. These conditions should be addressed as part of this request. The site is located in an industrial area and the proposed outdoor storage occurs in the side and rear yards of the property. All tenants with outdoor storage should be tenants of the principal building as well. Through the conditions of approval, the outdoor storage standards will be met. t 's? Planning Report — Roclar Warehouse CUP May 24, 2011 Page 7 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of licensed vehicles, trailers, two trash containers and nine storage containers on property located at 3660 Kennebec Drive legally described as Lot 6, Block 2, Cedar Industrial Park. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to a maximum of 9 containers and located in the outdoor storage area as identified on the Site Plan received January 24, 2011 3. The applicant shall submit a revised Site Plan identifying 21 parking stalls, striped per Code Requirements and reflect the established setback requirements. 4. The revised Site Plan shall include the location of the landscape vehicles and trailers, and trash containers. 5. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2011. 6. The applicant shall install the gate as identified on the Site Plan dated January 24, 2011 by August 1, 2011. 7. A minimum 20' emergency access aisle shall be designated and maintained on the south and west sides of the building, and a 24' drive aisle shall be maintained through the parking and storage area along the east side the building. 8. The fabric for the chain link fence and gate shall be kept in premium condition. Replacement of the fabric and fence shall occur immediately if they fall into disrepair. 9. Miscellaneous items not shown on the approved Site Plan shall be removed from the storage area and located inside the storage containers or principal building or removed from the site no later than June 1, 2012. 10. City Code violations pertaining to expired license tabs, non - licensed trucks and outdoor storage of tires, empty barrels, auto parts and other debris shall be corrected no later than June 1, 2012. 11. The storage area shall be cleared of debris and weeds and maintained in an orderly fashion. 12. All parking and storage areas shall be properly maintained to prevent deterioration. 13. Outdoor storage shall be limited to operational vehicles and associated with the tenants' businesses. ISO Planning Report — Roclar Warehouse CUP May 24, 2011 Page 8 14. Outdoor storage shall be limited to items that are affiliated to the business conducted by the owner and /or lawful tenants that occupy leased space in the principal building. 15. The fence and storage encroachment on the western property line shall be removed no later than June 1, 2012. Outdoor storage along the west property line is not included with this approval. 16. (A)The proposed outdoor storage areas shall be surfaced with bituminous asphalt no later than August 1, 2012 •' 16. (B) If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 17. The applicant shall obtain a grading permit from the City prior to the reconstruction of the proposed outdoor storage areas. ►s9 Project Name: 3660 Kennebec Drive /Roclar Warehouse Request: Conditional Use Permit Case Nos.: 17- CU- 10 -12 -10 I I I Feet 500 1,000 2,000 Legend „M11M g. City Boundary Parcels \ Parks Buildings N 1 1� City of Eagan l Wv Location Map 4 1 � City of Eap Current Zoning and Land Use Map Application: Roclar Warehouse Type: Conditional Use Permit Case No.: 17- CU- 10 -12 -10 Z oning 1 -1 - Limited Industrial Land Use Plan 1 -1 - Limited Industrial A N 0 300 600 1,200 Feet P , , P ' QV \ Subject Site PD R *1 i I ti �, R -3 - -_ R,1 PD I "1 _ R -3 r G O � - 0� j P IND , ' IN , Q v Subject Site MO IND IND i IND i �k IND M D e- AERIAL ilioaN Roclar Warehouse 3660 Kennebec Drive 7 SITE PLAN 430' N 9 SCALE: 1 inch = 75 feet NAME OF AREA TOTALS Office Space 1794-- * 75 Gross Building Area 12,080.00 Loading Deck 504.00 Loading Deck 131.25 Land 65119. ONTAfNER 1- rz 'OPAQUE FENCE Warehou DOCK L 438.3' 302' m DOCK C6 00 U L Office ��40' GREEN AREA 1,50.2' 430' N 9 SCALE: 1 inch = 75 feet NAME OF AREA TOTALS Office Space 1794-- * 75 Gross Building Area 12,080.00 Loading Deck 504.00 Loading Deck 131.25 Land 65119. /!03 Pagef/ RECEIV JAN 2 � Z011 APFX 11 Fom 26-39-U Pursuant to the code presently in force and also responding to the request of Sarah Thomas for additional information Roclar Warehouse ,is resubmitting the narrative previously submitted with the original request for a conditional use permit to allow outside storage. Roclar Warehouse has four tenants currently renting at this location. Two tenants require no outside storage. Two tenants require outside storage space. One tenant has been on the site for twenty years and one tenant has been on the site for over thirty years. One tenant is a landscape contractor and requires space for licensed vehicles, trailers and skid loaders which are necessary to conduct the business. This tenant also needs storage containers for products and equipment used in the business, i.e. Erosion control blankets, edging, landscape tools, mowers, snow plows, wheel barrows and other miscellaneous items. The other tenant is a contractor involved in light concrete construction. The tenant owns or rents two containers located on the property. The containers contain material necessary to conduct the business i.e. mixers, tools, rerod, concrete forms etc. Tenant also stores licensed vehicles, transport trailers and skid loaders. Tenant also has stored containers on the area adjacent to the property owned by a neighboring business. By outward observation, it would appear that the containers are on property owned by Roclar Warehouse but they (the containers) are not on Roclar property. The storage area is surrounded on three sides by a 6 foot cyclone fence with the front being open for easy access. As required a new opaque cyclone fence with a gate will block the frontal view of the area. Presently three sides are blocked from view by adjacent warehouse and foliage all within ten feet of the site. The site carries a base of class five material which needs to be and will be enhanced. City code requires outside storage area to be surfaced with concrete or bituminous asphalt. Upon securing bids for asphalt the total cost will be $40,000 to $50,000 to meet this requirement. It is beyond our ability to fund such a project. Consequently we are requesting this requirement be waved and have the storage area be covered with class five material. Roclar Warehouse plans to have a 3 cubic foot garbage container that will be stored inside the building and brought out on the day of collection. Referencing the air conditioning unit. The only exterior unit is residential type and the condenser is located next to the front of the warehouse. Roclar Warehouse was unaware of any violation of code presently in force. We have operated this facility for 35 years with outside storage being conducted during this period of time. We want to continue this activity, cooperate in every way possible and still be a good corporate member of the business community. Agenda Information Memo June 7, 2011, Eagan City Council Meeting D. CONDITIONAL USE PERMIT — COMPETITION ENGINES ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), a Conditional Use Permit to allow outside storage of vehicles and car trailers upon property located at 2980 Lone Oak Circle, legally described as part of Lot 2, Eagandale Center Industrial Park No. 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The applicant is proposing outdoor storage for up to 10 vehicles and 2 car trailers. ➢ The subject property is a 0.69 -acre site that formerly housed Eagan Fire Station 2. Access to the site is provided from Lone Oak Circle. ➢ The site is developed with an approximately 7,000 s.f. building and was constructed in 1972. The building contains five garage bays and shop area, in addition to offices, restrooms and a lounge /training room. ➢ In 2010, the City approved a Comprehensive Guide Plan Amendment and Rezoning of the property to Limited Industrial, which were implemented January 18, 2011. ➢ The City has entered into a purchase agreement with the applicant for the sale of the property. ➢ The applicant proposes to relocate auto service businesses to this site from their current location in the Cedar Grove redevelopment area. ➢ The businesses require an area outside to store customer vehicles that are in for service. Occasionally a customer transports a vehicle in a trailer, and then that trailer may also remain on the site until service is complete and that vehicle is picked up. ➢ The APC held a public hearing on May 24, 2011 and did recommend approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: June 19, 2011 ATTACHMENTS (3): Location Map, pages Planning Report, pagesh tl�rettg - APC minutes, pages Ilp� through M I (C Location IVlap r� f DlRley Rd p �. ' � Cldf Rd I• t 1; Z ! N�, + M Area Extent • ap r 1 - 'T N T h } AT 1 W , Z X A S7 Lexington Park F z Subject Site 1 1 = i Q� LLi z O z Z X w 1 F, North Park Park Q O z Q Feet Project Name: Competition Engines 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case No.: 02- CU- 06 -04 -11 ,W111% q.,,Z City Boundary Parcels Parks Buildings N City of Eap Advisory Planning Commission May 24, 2011 Page 7 of 13 C. Competition Engines Applicant Name: Competition Engines Location:2980 Lone Oak Circle; Lot 2, Eagandale Center Industrial Park No. 2 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of cars & car trailers. File Number: 02- CU- 06 -04 -11 Member Piper stated he will recuse himself from this item. Planner Dudziak introduced this item and highlighted the information report dated May 16, 2011. She noted the background and history. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the discussion back to the Commission. Member Jansma asked the applicant if the request be needed entirely for storage. Randy Quam, Com Member Filipi moved, Member Jansma se Conditional Use Permit to allow outside =: located at 2980 Lone Oak Circle, legally d Park No. 2, subject to the following conditi 1. This Conditional Use Pe by the City Council. 2. The outdoor storage �hr plan. 3. The storage area 4. All parking and storagpR°e 5. Existing landscaping sha 6. Any new mechanibal eqi shall ,be. screened irn;ac 7. The outdoor storage sho All Member hearing and in the City Staff tdoor storage space would stated yes. a motion to r6b6m rend approval of a OUvehicles anobhicle trailers upon property r ael'o or ©fi.=At 2, Eagandale Center Industrial at Dakota County within 60 days of approval be limited to and type of vehicles shown on the site infairtedihah orderly fashion. shall be properly maintained to prevent deterioration. maintained and any dead plant materials replaced. ,nt that may be installed either on the building or on the ground 66 with City Code requirements. of interfere with the City's access to the warning siren. 4 -0 himself from this item. io PLANNING REPORT CITY OF EAGAN REPORT DATE: May 16, 2011 CASE: 02- CU- 06 -04 -11 APPLICANT: Randall Quam, Competition Engines HEARING DATE: May 24, 2011 PROPERTY OWNER: City of Eagan REQUEST: Conditional Use Permit APPLICATION DATE: April 20, 2011 PREPARED BY: Pamela Dudziak LOCATION: 2980 Lone Oak Circle COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outside storage of vehicles and car trailers upon property located at 2980 Lone Oak Circle, legally described as part of Lot 2, Eagandale Center Industrial Park No. 2. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Quam/2980 Lone Oak Circle May 24, 2011 Pav-e 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY The subject property is a 0.69 -acre site that formerly housed Eagan Fire Station 2. In 2010, the City approved a Comprehensive Guide Plan Amendment and Rezoning of the property to Limited Industrial in preparation for the sale and reuse of the property. The Limited Industrial land use and zoning designations were implemented January 18, 2011. With that process now complete, the City has entered into a purchase agreement with the applicant for the sale of the property. The applicant proposes to relocate auto service businesses to this site from their current location in the Cedar Grove redevelopment area. The businesses require an area outside to store vehicles that are in for service. Occasionally a customer transports a vehicle in a trailer, and then that trailer may also remain on the site until service is complete and that vehicle is picked up. EXISTING CONDITIONS The site is developed with an approxi- mately 7,000 s.f. building and 26 parking stalls, and was constructed in 1972. The building contains five garage bays, 161 Planning Report — Quam/2980 Lone Oak Circle May 24, 2011 Page 3 offices, restrooms, hose tower and shop area on the main floor, and a lounge /training room, kitchen, office and restroom on the second floor. Access to the site is provided from Lone Oak Circle. SURROUNDING USES The site is completely surrounded by property zoned 1- 1, Limited Industrial and guided IND, Limited Industrial and utilized for warehouse and storage purposes. EVALUATION OF REQUEST Description of Proposal — The proposed outdoor storage is for up to 10 vehicles in the northeast corner of the lot, and 2 car trailers on the southeast corner of the lot. Both storage areas are located on the existing paved surface. No new construction is associated with this proposal. The site appears to comply with existing I -1 bulk standards for setbacks, building coverage, green space, etc. There are 26 off - street parking stalls provided. Compatibility with Surrounding Area - The proposed Limited Industrial Land Use and Zoning designations are the same as surrounding properties. Other nearby properties have been issued Conditional Use Permits for similar outside storage. Airport Noise Considerations - — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed Land Use designation associated with this request is Limited Industrial. The subject site is located within Noise Policy Zone 4. The adopted zoning standards consider industrial uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. The property is fenced on three sides. Full enclosure does not appear to be necessary given the use, location and surrounding uses. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage area 170 Planning Report — Quam/2980 Lone Oak Circle May 24, 2011 Page 4 is located in a rear yard. A minimum 5' setback is required for outdoor storage from side and rear lot lines abutting other industrial uses. Existing curbs meet the required 5' set back. c. T h e o utdoor storage area shall be screened from view from the public right -of- -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The building screens the vehicle storage area from the street. The trailer storage is visible from the street. The applicant's narrative indicates this area will be used only occasionally. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage plan maintains the driving and maneuvering areas within the site. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage areas do not occupy required landscaping areas. The trailer storage area does occupy six existing parking spaces. This leaves 20 parking stalls available for parking, and when no trailers are present, all 26 stalls will be available. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The entire storage area is paved with bituminous and edged with concrete curb and gutter. Building Address Numbers — Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. Landscaping - Existing landscaping should be maintained and any dead plant materials replaced. Mechanical Equipment — Any new mechanical equipment that may be installed either on the building or on the ground should be screened in accordance with City Code requirements. Grading/Stonn Drainage — The site was graded previously, is paved and served with curb and gutter and storm sewer. No changes to the site grading or storm drainage are proposed. Wetlands /Water Quality —The site survey shows the current improvements provide 25.7% green space, which satisfies the 25% minimum established for the I -1 zoning district. There are no wetlands on the property and no increase to impervious surface is proposed. Easements /Rights of Way/ Pennits — With the sale of the property, the City will reserve an access easement to the warning siren that is located on the building. The outdoor storage should not interfere with the City's access to the warning siren. Tree Preservation — No new development and no tree removal is proposed. ni Planning Report — Quam/2980 Lone Oak Circle May 24, 2011 Page 5 SUMMARY /CONCLUSION The applicant is requesting approval a Conditional Use Permit to allow outdoor storage of vehicles and car trailers. The proposed outdoor storage is for up to 10 vehicles and 2 car trailers. No new construction is associated with this proposal. The site is located in an industrial area and the proposed outdoor storage occurs in the rear yard of the property. This type of use is common in the area and it appears the standards for outdoor storage are met with the exception that the trailer storage area does occupy off - street parking stalls. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outside storage of vehicles and vehicle trailers upon property located at 2980 Lone Oak Circle, legally described as part of Lot 2, Eagandale Center Industrial Park No. 2. 1. This Conditional Use Pen shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan. 3. The storage area shall be maintained in an orderly fashion. 4. All parking and storage areas shall be properly maintained to prevent deterioration. 5. Existing landscaping shall be maintained and any dead plant materials replaced. 6. Any new mechanical equipment that may be installed either on the building or on the ground shall be screened in accordance with City Code requirements. 7. The outdoor storage should not interfere with the City's access to the warning siren. L 7� Project Name: Competition Engines Request: Conditional Use Permit Case No.: 02- CU- 06 -04 -11 Feet 0 500 1,000 2,000 Legend Jolla City Boundary Parcels \ Parks Buildings N City of Eap 173 Location Map 4 10. City of Eap Current Zoning and Land Use Mpg Application: Competition Engines Type: Conditional Use Permit Case No.: 02-CU-06-04-11 Zoning 1-1, Limited Industrial Land Use Plan IND, Limited Industrial N 0 300 600 1,200 Feet _� I P I -1 -FFFRT S ubject Site U LL 'RD.) �µ I E t E fi E o a 2 3 11 F. ' 3.05, /Z, DS f ;e - - - - - - - - --- /0091 IA. t ly v 0 a 49NO 7 1 ^7(v — Io �11 —�—O) AI SITE PLAN �, ,a Cj CD uF of mod SITE PLAN �, ,a Cj Application for Conditional Use Permit Randy and Sandy Quam have been citizens of Eagan for 24 years. They chose Eagan as a place to raise their family and establish their businesses. Competition Engines is an engine shop where Randy Quam specializes in building high performance racing engines and custom engines for both racers and car collectors alike. Randy and Sandy Quam are the sole owners of Competition Engines. Randy's reputation in this field is very well known. Competition Engines has been located in Eagan for 19 years. Along with Competition Engines moving into Fire Station No. 2 will be Rich's Autofix, an auto repair and car maintenance business, and Applied Dyno, a high performance engine testing facility. The three businesses, which have been together for 19 years so far, work as a network. It is a great benefit to customers that all their engine work can be done at one facility, including the testing. Unitronics Corporation, another business solely owned by Randy and Sandy Quam, will also be located at Fire Station No. 2, but does not require any permits as it is not automotive related. This application is for a Conditional Use Permit for outside storage space not to exceed ten vehicles and two car trailers at any one time. This storage space is necessary for the continued operation of Competition Engines and its tenants, Rich's Autofix and Applied Dyno. This application is being made in connection with the effort to relocate the Quams' business Competition Engines, and its tenants, Rich's Autofix and Applied Dyno. As the City is well aware, the relocation relates to the EDA's condemnation and acquisition of the current place of business. In connection with this relocation, the Quams and Competition Engines understand that the EDA is required, by the relevant relocation regulations, to "[a] ssist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location." The Quams and Competition Engines specifically request that this application be considered by the City from that perspective, and that it be characterized so that any related fees be considered in a manner that would permit them to be reimbursed. Agenda Information Memo June 7, 2011 Eagan City Council Meeting E. CONDITIONAL USE PERMIT (905 YANKEE DOODLE ROAD) — R J RYAN ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), of a Conditional Use Permit for property at 905 Yankee Doodle Road legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 5, to permit outdoor storage of trailers and trucks located north of Yankee Doodle Road, west of Mike Collins Drive, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The property consists of approximately 17 acres and contains an L- shaped 358,000 s.f. warehouse constructed in 1970 and expanded in 1979. The building has been unoccupied for several years. An above ground fuel tank sits in the front yard near Yankee Doodle Road. ➢ Access to the site is from Yankee Doodle Road. Dakota County recently extended the median within Yankee Doodle Road such that direct access into this site is now restricted to right - in/right -out only. ➢ The proposed outdoor storage is for 77 semi - trailers on the existing paved surface on the west side of the building. ➢ The tenant, Alan Richey, Inc., transports mail for the U.S. Postal Service and will occupy the northern portion of the building. ➢ This type of use is common in the area and it appears the standards for outdoor storage are met with the exception of storage occupying off - street parking. ➢ The proposal includes added landscaping, construction of a fence /enclosure and creating a driveway access to Columbia Drive via private easement across the property to the west. ➢ The existing site appears deficient in regard to certain I -1 bulk standards such as building coverage ratio and minimum green space, etc. ➢ Added impervious for the new driveway connection through the neighboring property is offset by added green space and landscaping off the southwest corner of the building. Proposed landscaping will improve screening of the site from Yankee Doodle Road. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: June 19, 2011 ATTACHMENTS (3): Location Map, pages L11 tkedglr Draft May 24, 2011 APC minutes, pages 1� t4"o& Planning Report, pages19 through i -S Location Map Map Area Extent Subject Site (915 Y.D. Rd.) Subject Site (905 Y.D. Rd.) oe ■ •� �I IIII 1111 ��' n Project Name: R J Ryan (905 & 915 Yankee Doodle Rd) Request: Conditional Use Permit/ Interim Use Permit Case Nos.: 11- CU- 07 -04 -11 & 11- IN- 03 -04 -11 Feet 0 500 1,000 2,000 Legend ,m „s 9.14 City Boundary Parcels \ Parks Buildings N 4 1111 � City of Eap I � q Advisory Planning Commission May 24, 2011 Page 9 of 13 E. RJ Ryan Applicant Name:RJ Ryan Cons. Location:905 Yankee Doodle Road; Lot 1, Block 1, Eagandale Center Industrial Park No. 5 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of semi trailers. File Number: 11- CU- 07 -04 -11 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 18, 2011. She noted the background and history. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the publ discussion back to the Commission. Member Piper inquired about the evergreen screening on the south side of the property would be beneficial. ng and turned the that additional screening City Planner Ridley stated additional screening was suggest6d,by staff and the applicant proposed evergreen plantings. He stated the gate and elevate81'janting island at the southwest corner of the building would provide screening., from the south. Member Piper moved, Member Filipi seconded a motion to• .:recommend approval of a Conditional Use Permit for property at 906 Yankee oodI6 Road legally described as Lot 1, Block 1, Eagandale Center Industrial Park No 5 „_;to permit outdoor storage of trailers and trucks located north of Yankee Doodle R - betweeri lC�l ke Collins Drive and Columbia Drive, subject to the following conditions: 1. This Conditional UselPermit shall be _recorded at Dakota County within 60 days of approval by the City Counal 2. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan. 3. The storagearea shall be maintained in an orderly fashion. 4. All parking and storage areasshall be properly maintained to prevent deterioration. 5. All fencing and landscape screening shall be installed by September 15, 2011. 6. Lock boxes meetin Dire Department specifications shall be installed at all fence gate locations. A pnvate �iard hydrant shall be installed at the southwest corner of the building by August. =1, -2011, 6d a' sign identifying the hydrant location shall be posted on the building in that loca #ton 7. A private aco #ss easement shall be executed to allow the proposed driveway connection through the adjacent property to the west, which will afford access to Columbia Drive. 8. The applicant shall provide a Final Site Plan showing off - street parking areas prior to release of the CUP for recording. 9. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 10. Any new mechanical equipment that may be installed either on the building or on the ground shall be screened in accordance with City Code requirements. All voted in favor. Motion carried 5 -0 l zo?b REPORT CITY OF EAGAN REPORT DATE: May 18, 2011 APPLICANT: RJ Ryan PROPERTY OWNER: 99¢ Only Stores REQUEST: Conditional Use Pen CASE: 11- CU- 07 -04 -11 HEARING DATE: May 24, 2011 APPLICATION DATE: April 20, 2011 PREPARED BY: Pamela Dudziak LOCATION: 905 Yankee Doodle Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to pen outdoor storage of trailers and trucks for property at 905 Yankee Doodle Road, legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 5, located north of Yankee Doodle Road between Mike Collins Drive and Columbia Drive. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. • Planning Report - RJ Ryan (905 Yankee Doodle Rd.) May 24, 2011 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY The property was initially platted in 1970 and replatted in its current configuration in 1979. The warehouse was initially constructed in 1970, and expanded with an addition in 1979. Access to the site is from Yankee Doodle Road. Dakota County recently extended the median within Yankee Doodle Road such that direct access into this site is now restricted to right - in/right -out only. EXISTING CONDITIONS The property consists of approximately 17 acres and contains an L- shaped 358,000 s.f. warehouse which has been unoccupied for several years. Access to the site is provided from Yankee Doodle Road. An above ground fuel tank sits in Vie tront yard near Yankee Uooclle Koaci. Loading docks on the building face south and west. lg:k Planning Report - RJ Ryan (905 Yankee Doodle Rd.) May 24, 2011 The existing parking lot and storm drainage system were constructed with previous development of the building on the site. The building is connected to City sewer and water services. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The proposed outdoor storage is for semi trailers on the west side of the lot. The storage area is located on an existing paved surface. The tenant, Alan Richey, Inc., will occupy the northern portion of the building. Alan Richey transports mail for the U.S. Postal Service and currently has a facility in Shakopee. According to the applicant's narrative, relocating to Eagan will provide more efficient service, the trucks can use existing industrial streets to access to USPS bulk mail facility, being closer to the USPS facility will save fuel and cut down on pollution, and occupying a long- vacant building and snaking associated improvements to the site is a benefit to the community. No new building construction is associated with this proposal. Site improvements include landscaping, fence /enclosure and creating a driveway access to Columbia Drive via private easement across the property to the west. This site provides little in the way of off - street vehicle parking. That is not proposed to change. The site appears deficient in regard to certain I -1 bulk standards such as building coverage ratio and minimum green space, etc. Added impervious for the new driveway connection through the neighboring property is offset by added green space and landscaping off the southwest corner of the building. Compatibility with Surrounding Area - Other nearby properties have similar outside storage. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed Land IQ3 Existing Use Zoning Land Use Designation North Office /Warehouse I -1, Limited Industrial IND, Limited Industrial South Townhomes R -3, Residential Townhouse MD, Medium Density East Office /warehouse I -1, Limited Industrial IND, Limited Industrial West Vacant & Office /warehouse I -1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Description of Proposal — The proposed outdoor storage is for semi trailers on the west side of the lot. The storage area is located on an existing paved surface. The tenant, Alan Richey, Inc., will occupy the northern portion of the building. Alan Richey transports mail for the U.S. Postal Service and currently has a facility in Shakopee. According to the applicant's narrative, relocating to Eagan will provide more efficient service, the trucks can use existing industrial streets to access to USPS bulk mail facility, being closer to the USPS facility will save fuel and cut down on pollution, and occupying a long- vacant building and snaking associated improvements to the site is a benefit to the community. No new building construction is associated with this proposal. Site improvements include landscaping, fence /enclosure and creating a driveway access to Columbia Drive via private easement across the property to the west. This site provides little in the way of off - street vehicle parking. That is not proposed to change. The site appears deficient in regard to certain I -1 bulk standards such as building coverage ratio and minimum green space, etc. Added impervious for the new driveway connection through the neighboring property is offset by added green space and landscaping off the southwest corner of the building. Compatibility with Surrounding Area - Other nearby properties have similar outside storage. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed Land IQ3 Planning Report - RJ Ryan (905 Yankee Doodle Rd.) May 24, 2011 Page 4 Use designation associated with this request is Limited hidustrial. The subject site is located within the one -mile buffer of Noise Policy Zone 4. The adopted zoning standards consider industrial uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Site Plan — The Site Plan shows outdoor storage for a total of 77 semi trailers and trucks on the west side of the building. A driveway connection to the adjacent property is proposed to provide access to Columbia Drive. The existing fence along Yankee Doodle Road will be removed, and new chain link fence with black open mesh fabric panels installed along the west side of the property and south of the proposed storage area. The driveway to the storage area will have a gate for controlled access at the south end and at the west access to the neighboring property. Both gates should have lock boxes meeting Fire Department specifications. Landscaping - Evergreen trees are proposed along the west side of the property and off the southwest corner of the building to provide some screening of the storage area. The existing above ground fuel tanks between the building and Yankee Doodle Road will also be screened with new evergreen landscaping. Grading/Storm Drainage /Utilities - The existing parking lot and storm drainage system were constructed with previous development of the building on the site. The building is connected to City sewer and water services. Fire /Emergency Access — Lock boxes meeting Fire Department specifications should be installed at all fence gate locations. A yard hydrant should be added at the southwest corner of the building, and a sign identifying the hydrant location posted on the building in that location. Wetlands /Water Quality — There are no wetlands on the property. The site is served by an existing storm drainage system. Access/ Parking Lot — Access to the site is currently from one driveway entrance onto Yankee Doodle Road (County Highway 28) that provides right -in/ right -out turning movements only. The access to Yankee Doodle Road will remain unchanged with this development, and a new access to Columbia Drive through the adjacent property (915 Yankee Doodle Road) will be provided through private access easement. Easements/Rights of Way/ Permits — A private access easement should be executed to allow the proposed driveway connection through the adjacent property to the west, which will afford access to Columbia Drive. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists perfonnance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined /0� Planning Report - RJ Ryan (905 Yankee Doodle Rd.) May 24, 2011 Paee 5 necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -I) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. A new fence is proposed to enclose the storage area with gates to secure the area and control access. Black fabric mesh is proposed along the fence to screen the area. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage area is located in a side yard. The existing curb is set back approximately 25' from the west side lot line. c. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The building screens the storage area from the east. The trailer storage is visible from the street and from the west. New landscape screening will be installed south and west of the storage area. The storage area is set back more than 100' from Yankee Doodle Road, exceeding the 50' minimum setback standard across from residential property. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage plan maintains the driving and maneuvering areas within the site. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage areas do not occupy required landscaping areas. The trailer storage area is located along the building in areas designed for loading docks, and opposite the loading docks at the edge of the maneuvering area. The site plan does not show off - street parking. It appears from the aerial photo that off - street parking in the past has been provided west of the south end of the building, and also along the south edge of the pavement along Yankee Doodle Road. Outdoor trailer storage is proposed in the former area. Striping for parking is not shown on the site plan so a parking count is not easily determined. The applicant should provide a Final Site Plan showing off - street parking areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The entire storage area is paved with bituminous and edged with concrete curb and gutter. Building Address Numbers — Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. Planning Report - RJ Ryan (905 Yankee Doodle Rd.) May 24, 2011 Page 6 Mechanical Equipment — Any new mechanical equipment that may be installed either on the building or on the ground will be subject to City Code requirements for placement and screening. SUMMARY /CONCLUSION The applicant is requesting approval a Conditional Use Permit to allow outdoor storage of semi trailers and trucks. The proposed outdoor storage is for 77 trailers on this site. No new building construction is associated with this proposal. The site is located in an industrial area and the proposed outdoor storage occurs in the side yard of the property. This type of use is common in the area and it appears the standards for outdoor storage are met with the exception of storage occupying off - street parking. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for property at 905 Yankee Doodle Road legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 5, to permit outdoor storage of trailers and trucks located north of Yankee Doodle Road between Mike Collins Drive and Columbia Drive. If approved, the following conditions should apply: 1. This Conditional Use Pet7nit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan. 3. The storage area shall be maintained in an orderly fashion. 4. All parking and storage areas shall be properly maintained to prevent deterioration. 5. All fencing and landscape screening shall be installed by September 15, 2011. 6. Lock boxes meeting Fire Department specifications shall be installed at all fence gate locations. A private yard hydrant shall be installed at the southwest corner of the building by August 1, 2011, and a sign identifying the hydrant location shall be posted on the building in that location. A private access easement shall be executed to allow the proposed driveway connection through the adjacent property to the west, which will afford access to Columbia Drive. 8. The applicant shall provide a Final Site Plan showing off - street parking areas prior to release of the CUP for recording. 1420 Planning Report - RJ Ryan (905 Yankee Doodle Rd.) May 24, 2011 Page 7 9. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 10. Any new mechanical equipment that may be installed either on the building or on the ground shall be screened in accordance with City Code requirements. /97 Location Map t) A A C Map Area Extent o� L I j Subject Site Subject Site (915 Y.D. Rd.) (905 y D. Rd.) s 4 a 0 .,.. _ . .._.CO. - HWV7-NO, 128 VANKEEd OODLE ,, RD.).._...__..... _..__. - . .__. 'a L ® ® o Wescott.Commbns Park �� y 1D C an'S FT R,—CT cw - N 'P DUCKVIOOD DR > PO O 5 � Wescott Station Park Project Name: R J Ryan (905 & 915 Yankee Doodle Rd) Request: Conditional Use Permit/ Interim Use Permit Case Nos.: 11- CU- 07 -04 -11 & 11- IN- 03 -04 -11 Feet 0 500 1,000 2,000 Legend jimlin 16 City Boundary Parcels \ Parks Buildings N City of Eap 1 q 4 City of Eap Current Zoning and Land Use Map Application: RJ Ryan (905 & 915 Yankee Doodle Rd.) Type: Conditional Use Pemit & Interim Use Permit Case No.: 11-CU-07-04-11 & 11-IN-03-04-11 Zonin 1-1, Limited Industrial Land Use Plan IND-Limited Industrial ALUKIN UKIVt- LLJ P BP Subjec CO. HWY. NO. 28 (YANKEE DOODLE RD,) PDT PF� R-12 R-� R-3 i PF BP N 0 300 600 MIXED (gyP I I_ ,EE DOODLE RD.) MD 1,200 Feet P`5 ia pq AS WJ i_ e ................ I U 4y, -W N 00*15'13" E 340. 41 ' COLUMBIA DRIVE l iq N 001513" E 452,94' ow 10 Jim III m IIII & r. - - - r N 00 c (m) > Z II_ n -An I 4 �hY ryl tt g, M 0 0 I II -.7 S Wi2'04" w (m) I III 2 0 -------------- ---------- i T 11 001512'x R7 ------ ------- ----- ---- -- 19 tax 0 Am ".l . u 13 u a tj!tp JIi R I 1 0 01 1 Bi a 5 0015'12 W N 00'15'13 E 700.00 Ig 2f9.85' , 7 A mm ' E �I 5 00'07'28 W 275-O' A& q pan �� ' ice,_ - -- -.._ �. €�u t - 3 > 905 Yankee Doodle Rd, Eagan, MN i! z 1 r tj JAIL RJRyan Construction, Inc. 1100 Mendota Heights Road Mendota Heights, MN 55120 (651) 681 -0200 Fax (651) 681 -0235 April 20, 2011 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55112 Attn: Michael J. Ridley CC: John P. Gorder Dear Mr. Ridley, The purpose of the project is to allow Alan Richey, Inc, to occupy the North portion of the building located on 905 Yankee Doodle Rd as well as use portions of 915/925 Yankee Doodle Road for outside trailer storage (approx. 140 trailers). The 905 building is currently owned by 99 ¢ Only Stores who is based out of California. The 915/925 property is owned by Wayne Hoovestal. Because of a difference in ownership and no permanent solution in mind it would be ideal to apply for a Conditional Use Permit for the 905 property and a Interim Use Permit for the 915/925 property. Another reason for separate permitting would be that Alan Richey does intend on use the loading dock at 905 for overnight storage outside of daily operation hours. The current zoning for the property is 1 -1- Limited Industrial which is intended to remain. The surrounding parcels remain consistent with that except to the West where the zoning is listed as BP- Business Park. It is an assumption that the 905 property will require screening for the propane tanks located along Yankee Doodle as well as the newly proposed gated area just off of the West side of the building. The purpose of an Interim Use Permit for the 915/925 property would allow time for a permanent solution to be in place before the 25% green space requirement is enforced in order to bring the property up to city standards. Included with the submittals is a letter which addresses the benefits to having Alan Richey operate out of the 905 building as well as information regarding their daily operations. In closing, the timing of the project will be contingent upon City of Eagan approval. Please feel free to call with any questions. We look forward to discuss your input following your initial review. Sincerely, Kevin Lindquist Project Manager KL:ab 905 Yankee Doodle Letter.doc 03 I wanted to briefly mention a few key points about Alan Ritchey, Inc.'s Conditional Use Request for 905 Yankee Doodle Road, Eagan, MN. Alan Ritchey, Inc (ARI) has a proud heritage of service to the United States Postal Service. ARI has transported mail for the USPS since 1964. ARI has built that long -term relationship on the company's rapid response capabilities which continue to be demonstrated with excellent "on- time" delivery performance for USPS dedicated routes and emergency contracts. ARI has not forgotten what brought us to where we are today— that's the reason we continue our focus on being reliable, being on time and delivering quality service. Our standards and goals are high —we don't believe in or settle for anything less. ARI is a multi- industry company that provides services to the government, industrial, agriculture, energy and transportation sectors. ARI has been serving other businesses for over 45 years. Our mission is to provide our clients with customized service that allows them to achieve their goals. We are experienced at providing personalized solutions and offer an unparalleled combination of value, price and service. ARI has handling the US Postal Mail Transport Equipment Service Center in the Minneapolis area since 1999. In an attempt to provide more efficient service and a more competitive contract, ARI is proposing relocation to the above mentioned Eagan location. Each year, the Eagan U.S. Postal Facility receives over 2,000 annual Truck trips. Currently these trips originate in Shakopee and come up along Highway 13 to Yankee Doodle and then east to Lexington and then North to the U.S. Post Service. Re- locating the Alan Ritchey Mail Transport Equipment Service Center to 905 Yankee Doodle Road Eagan from Shakopee, MN, will provide three key benefits to the Eagan community: 1. ARI will actually reduce traffic on the Eagan Highways and save the U.S. Postal Service about $700,000 in fuel costs. ARI will be able to transport trailers up Mike Collins drive, through the industrial park to Apollo Road, Neil Armstrong Blvd., to Lexington Avenue to the U.S.Postal Service using basic industrial routes currently in place. 2. This re- location, saves fuel and cuts down on pollution. It will also reduce truck traffic in Eagan. The traffic flow from the 905 Yankee Doodle will be through the existing industrial park. It is important to point out that whether or not the 905 Yankee Doodle Conditional Use Permit is granted, these 2,169 trips will still be made through the Eagan community and more than likely with significantly greater impact to street traffic. Iqµ 3. We are improving a building that has sat vacant in the Eagan community for almost a decade. ARI is committed to working with the city of Eagan to create proper screening to enhance the over -all look to the community. ARI prides itself on acting responsibility and being an excellent corporate citizen and we look forward to working together to achieve this Conditional Use Permit for 905 Yankee Doodle road. James DePietro CB Richard Ellis . 952.924.4614 Ids Response to questions in reference to 905 Yankee Doodle Road location Prepared by Alan Ritchey Inc. April 12, 2011 1. The traffic flow between the two buildings: It is estimated that approximately 2/3 of the yard traffic flow will be between a yard location and dock location. Here is the estimated movement between the two locations: Avg. Min Max 73 moves 48 moves 92 moves 2. Where do the trailers go once they leave 905 Yankee Doodle Road location? Most of the trailers (shorter 48 foot long trailers) with USPS equipment are distributed around US metro and outstate locations. These trips are standard daily trips and make up about 40 to 50% of the daily activity Monday through Friday and less on Saturday and Sunday. About 10 to 12 trailer trips will be made daily to the Eagan multi - function USPS location (1 mile distance) and 3 trailer trips will go to the Minneapolis Package and Distribution Center (PDC). The balance of the trips (10 to 15) will go to either USPS customers (larger printer /mailers) or outstate USPS facilities. USPS customers are located in various locations around the metro and outstate locations. Most are off of Interstate 94/494 or Hwv 169 and Interstate 35. 3. Daily operations Monday through Friday we will incur about 25 to 35 trailer trips to the facility. There is some live load and unload activity during the work week. Also, there is some drop and hook activity as well and ranges from 15 to 30 trips weekly. Both activities vary due to local USPS mailing demands. Saturday and Sunday drop to 14 and 12 trips with usually no USPS customer trip activity. 4. The timing of the truck traffic We arrange our schedules to avoid the high traffic times of the day. There is also flexibility with the USPS customer trips to schedule those trip times to hours of the day where traffic is less demanding as well. However a heavier trip Monday through Friday pattern is as follows: Time frame Truck trips Percentage 12am to lam 13 to 20 37 to 50% lam to 9am 6 to 7 15 to 17% 9am to 2pm 9 to 11 25 to 28% 2pm to 4pm 1 2 to 3 % 4pm to 12am 3 7 to 9% Live unload or loads are scheduled by appointment and usually are set to avoid high traffic times. The drop and hook trailer traffic activity is usually in the evening or early morning hours. 5. Estimated traffic during school 7 to 9 and 2 to 4 rush hour traffic. Referencing the schedule in response #3, the standard trips are 3 between 7 and 9am and 2 standard trips between 2 and 4 pm. The remaining trips are LISPS customer trips and have flexibility in the dispatch schedule times if needed. 6. Trailers Flow Trailers will leave from both the Hoovelstol and 905 Yankee Doodle Road locations. 7. Alan Ritchey Representative at the City Meetings On May 24 and June 7` ", ARI Plant Manager Lauren Larsen is available for the Planning Commission and City Council meetings. Lauren will describe the MTESC local and national function and Alan Ritchey's needs at the facility. 8. Lot Lighting ARI's trailer lot now uses the lighting code per Shakopee MN. We do not see any unusual trailer lot lighting needs to adequately light a trailer yard for trailer pickup or drop off. 9. Screening - We'll need to discuss. To be shown on Architectural plans developed by RJ Ryan Construction. 10. Green area We'll need to discuss the options and various costs of each. 11. Checks or CUP City of Eagan Proposal Dan or Lauren will authorize. Checks are being sent to CB Richard Ellis to be delivered at the appropriate time. 1 q7 Agenda Information Memo June 7, 2011 Eagan City Council Meeting F. INTERM USE PERMIT (915 YANKEE DOODLE ROAD) — R J RYAN ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), of an Interim Use Permit to allow off -site outdoor storage of trailers and trucks as a principal use for property at 915 Yankee Doodle Road, legally described as part of Lots 1 -13 and 33 -38 Eagandale Center Industrial Park No. 4, and located north of Yankee Doodle Road, east of Columbia Drive, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The request is for outside trailer storage for a tenant occupying the adjacent building at 905 Yankee Doodle Road. ➢ The proposal is considered off -site outdoor storage because the storage is located on a separate parcel in separate ownership from the property occupied by the tenant. ➢ The proposed trailer storage is the principal use of the subject site since the tenant is not occupying or using the buildings on the 915 Yankee Doodle Road site. ➢ The site contains multiple buildings. The westerly building will be removed. ➢ Site improvements include adding a driveway connection to 905 Yankee Doodle Road via private easement, and installing a chain link fence around the site for security, and black mesh panels along the fence for screening. ➢ The site appears deficient in regard to certain I -1 bulk standards such as pavement setbacks, minimum green space, etc. ➢ The site was platted in 1970 and the current parcel boundaries encompass portions of several previously platted lots; neither parcel has frontage on a public street. Access is provided from Columbia Drive across an adjacent parcel which is in the same ownership. ➢ Site improvements toward greater compliance with City Code standards would be appropriate with a term longer than 3 years. ➢ Staff had suggested a 3 -year term for the IUP. A 7 -year term with graduated improvements at year 4 and 6 (to coincide with their contract arrangement with the USPS, which is for 3 years with two 2 -year options at the discretion of the USPS) is currently being discussed by the applicant and property owner. ISSUES: ➢ The applicant has submitted a revised site plan with a different trailer layout than was included in the staff report and reviewed by the APC. This plan is attached for the Council's consideration. t 919 ➢ The revised proposal is for 153 trailers; the original proposal was for 140 trailers. ➢ Planning, Engineering and Fire Dept. staff have reviewed the revised site plan and have no concerns about changes. 60 -DAY AGENCY ACTION DEADLINE: July 3, 2011 ATTACHMENTS (4): Location Map, pages through Draft May 24, 2011 APC minutes, pagesjgj through - G Planning Report, pagegg through, Revised Site Plan, pag6 )9q L oca ti o n Ild E Map Area Extent Subject Site Subject Site ICO, HWY-NO -26 (YANKEE 'DOODLE-RD) EM S am Project Name: RJ Ryan (SO5&815 Yankee Doodle Rd) Request: Conditional Use Permit/ Interim Use Permit Case Nos.: 11-CU-07-04-11 &11'lN-O3-O441 Feet n noo 1.000 2.000 Legend u Cit Boundar Parcels \ Parks � omm/mp N C o f Emn Advisory Planning Commission May 24, 2011 Page 10 of 13 F. RJ Ryan Applicant Name: RJ Ryan Cons Location: 915 Yankee Doodle Road; Part of Lots 1 -13 and 33 -38, Block 4, Eagandale Center Industrial Park No. 4 Application: Interim Use Permit An Interim Use Permit to allow outdoor storage of semi trailers. File Number: 11- IN- 03 -04 -11 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 17, 2011. She noted the background and history. Richard Stroup, Alan Ritchey, Inc, discussed the postal service consolid' at d,44hat led to their relocation. He discussed request for a longer term based on the provisions t it contract with the postal service. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed. ,the::pubhc h6'i�eing and turned the discussion back to the Commission. City Planner Ridley stated a three -year term is typical for an �iht seven -year term should possibly require improvements to bring current city standards or as part of an appr=oval o - an extension Planner Dudziak summarized deficiencies bpi; deficiencies are potential improvements that' d City Planner Ridley sugges.. . a possible appr contract options after year three and: year five, the original three year<<tarm'. cons use and that a five or site more in line with future date. n in the staff report. All could be to tie site improvements to USPS event their contract is not extended past There was discussion on black mesh screening where it was suggested that additional language be added -Jo the cbndlitions to require mesh screening for the western fence line between thp , ect site and <the adjacent school. Kevin Lindquist, RJ Copsti'Oction stated the black mesh screening is proposed to terminate when�titiQ fence turns toile north. Member Peer movett,:Yfember Filipi seconded a motion to recommend approval of an Interim Use Permit' 11 -site outdoor storage of trailers and trucks as a principal use for property at 915 Yanke6 o le Road, legally described as part of Lots 1 -13 and 33 -38 Eagandale Center Industrial'Park No. 4, and located north of Yankee Doodle Road between Mike Collins Drive and Columbia Drive, subject to the following conditions as amended: 1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The term of this Interim Use Permit shall be three years, expiring November 1, 2013. 3. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan. 4. The storage area shall be maintained in an orderly fashion. Advisory Planning Commission May 24, 2011 Page 11 of 13 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. All fencing and landscape screening shall be installed by September 15, 2011 and shall be subject to on -going maintenance. Mesh screening shall be required for west end of fence between the property and adjacent school. 7. Lock boxes meeting Fire Department specifications shall be installed at all fence gate locations. A private yard hydrant shall be installed at the southwest corner of the building and private fire hydrants must be tested and inspected by August 1, 2011. 8. The six trailers shown along the east side of the 915 building should be removed to avoid the potential for blockage of the easement and narrowing of the drive providing access to the northern portion of the site. 9. Areas along the common boundary with the adjacent 905 Yankee DogdlO�iRoad site should be signed "no parking fire lane ", as well as the east and northwest side'of the 915 building and along the northwest property line. 10. The applicant shall provide a private access easement, in a form ccept�l�le -Ao the City Attorney, in favor of the adjacent property to the east at 9QSYankee Doll. Road to Columbia Drive. 11. Building address numbers shall be installed and display in accordance with the provisions in Section 2.78 of the City Code. 12. Any new mechanical equipment that may be installed tither on - the building or on the ground ft shall be screened in accordance with City Code regif�tes Subsequent to the motion and second, additional discussionalace. Member Piper stated support for site improvements to be made,Wher� =gntract options r` exercised, and did not want to try and determine what those migh ,'be b t t, $ted the`applicant work with City staff prior to the City Council meeting. All voted in favor. Motion a� PLANNING REPORT CITY OF EAGAN REPORT DATE: May 17, 2011 APPLICANT: RJ Ryan PROPERTY OWNER: Fleetpark LLC REQUEST: Interim Use Permit CASE: 11-IN-03-04-11 HEARING DATE: May 24, 2011 APPLICATION DATE: May 4, 2011 PREPARED BY: Pamela Dudziak LOCATION: 915 Yankee Doodle Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to allow off -site outdoor storage of trailers and trucks as a principal use for property at 915 Yankee Doodle Road, legally described as part of Lots 1 -13 and 33 -38 Eagandale Center Industrial Park No. 4, and located north of Yankee Doodle Road between Mike Collins Drive and Columbia Drive. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property i£ 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. x,03 Planning Report RJ Ryan — 915 Yankee Doodle Road Page 2 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use pen and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. �s Planning Report RJ Ryan — 915 Yankee Doodle Road Page 3 BACKGROUND /HISTORY The property was initially platted in 1970 and currently consists of two parcels. Those two parcels are comprised of portions of several previously platted lots. The parcels do not have frontage on a public street. Access is provided from Columbia Drive, a public cul -de -sac, over an adjacent lot which is in the same ownership. The site contains several office and storage/ warehouse buildings and was previously occupied by Stock Lumber. The current owner acquired the property in late 2009. EXISTING CONDITIONS The site consists of approximately 9.7 acres and contains several office and warehouse /storage buildings which have been constructed over the years beginning in 1974. Access to the site is provided via Columbia Drive, a public cul -de -sac, which intersects with Yankee Doodle Road. The two parcels that make up the subject site are comprised of portions of previously platted property and neither has public street frontage. The property should be replatted, either now or in the future, to redefine the lots along current parcel boundaries, create public street frontage and establish perimeter drainage and utility easements. There are existing fuel pumps on the easterly parcel which are not shown on the site plan. If not currently being used these pumps should be emptied of any stored fuel. The existing parking lot and storm drainage system were constructed with previous development of the building on the site. The building is connected to City sewer and water services. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The proposed outdoor storage is for 140 semi - trailers and trucks. The request is intended to provide outside trailer storage for a tenant on the adjacent property at 905 Existing Use Zoning Land Use Designation North Office /Warehouse I -1, Limited Industrial IND, Limited Industrial South Warehouse and vacant I -1, Limited Industrial IND, Limited Industrial East Office /warehouse I -1, Limited Industrial IND, Limited Industrial West Faithful Shepherd school BP, Business Park BP, Business Park EVALUATION OF REQUEST Description of Proposal — The proposed outdoor storage is for 140 semi - trailers and trucks. The request is intended to provide outside trailer storage for a tenant on the adjacent property at 905 Planning Report RJ Ryan — 915 Yankee Doodle Road Page 4 Yankee Doodle Road. A concurrent CUP request has been submitted for trailer storage on the 905 Yankee Doodle Road property. Because the proposed trailer storage is on a separate parcel in separate ownership from the property occupied by the tenant, it is considered off -site outdoor storage. Since the tenant is not occupying or using the buildings on the 915 Yankee Doodle Road site, the proposed trailer storage is the principal use of the subject site. The proposed storage area is located on an existing paved surface. No new construction is associated with this proposal; however, the western building will be removed. Site improvements include adding a driveway connection to 905 Yankee Doodle Road, and installing a chain link fence around the site for security, and black mesh panels along the front fence for screening. Staff understands the tenant's lease arrangement is three years and suggests the term of the Interim Use Permit also be three years to coincide with the lease. This site provides little in the way of off - street vehicle parking. That is not proposed to change. The site appears deficient in regard to certain I -1 bulk standards such as pavement setbacks, minimum green space, etc. Improvements in these areas will be necessary when the site redevelops. Staff would suggest a commensurate amount of improvements presently if this request was for a Conditional Use Permit; however, because the use is requested for an interim period while the property owner formulates the ultimate re -use of the property, the status quo appears to be a reasonable request. That being said, should the applicant seek an extension to the IUP after the original three -year term, site improvements toward compliance with I -1 bulk standards will be appropriate. Site Plan — The Site Plan shows outdoor storage for a total of 140 semi trailers and trucks on the property. A driveway connection to the adjacent property is proposed to provide access to Columbia Drive. City Code Requirements — City Code allows for off -site outdoor storage as a principal use via a Conditional Use Permit. Since a Conditional Use Pen runs with the land indefinitely, an Interim Use Permit is requested for this site. The Interim Use Permit allows for a termination date and the use can be reevaluated at that time. This will also allow time for the tenant and owners to work out a permanent solution. In addition to the IUP and CUP standards in the Authority for Review section above, and the performance standards pertaining to Outdoor Storage identified later in this report, City Code provides for the following performance standards relative to off -site outdoor storage as a principal use: Off -site Outdoor Storage: Section 11.70, Subd. 4 -C provides for the following performance standards. (a) The dominant parcel, which shall be served by the off - street parking or outdoor storage on the servient parcel, cannot be physically accommodate the parking or storage needs of the principal use on the dominant parcel. The number of trailers this tenant seeks to store Mr. Planning Report RJ Ryan — 915 Yankee Doodle Road Page 5 cannot be accommodated on the existing improved portion of the 905 Yankee Doodle Road property. (b) The parcel on which the off - street parking or outdoor storage is located and the dominant parcel which the off - street parking or outdoor storage serves shall be within the same zoning districts, provided in R -4 districts the servient parcel shall be within a R- 4 district, limited business LB, neighborhood business NB, general business GB, community shopping center, CSC, limited industrial I -1, general industrial I -2, and research /development RD districts. The property is zoned I -1, Limited Industrial. (c) The servient parcel on which the off - street parking or outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served by the off - street parking or outdoor storage areas. The servient parcels at 915 Yankee Doodle Road are located adjacent and abutting to the dominant parcel at 905 Yankee Doodle Road. (d) The off -site off - street parking area shall meet the requirements for off - street parking set forth in this chapter. Not applicable - proposal does not involve vehicle parking. (e) The off -site outdoor storage area shall meet the requirements set forth in section 11. 70, Subd. 20, except those provisions governing building or height restrictions. This refers to the I -1 zoning district. 69 Off -site off - street parking and off -site outdoor storage on the servient parcel shall have fewer parking spaces, less area, and less outdoor storage area than the dominant parcel. The number of trailers /trucks proposed on the subject site (140) exceeds the amount proposed on the dominant parcel (77); however, the dominant parcel is larger than the servient parcel storage area. While this proposal does not strictly meet this performance standard, as an interim use, it is temporary until the owner formulates a more permanent re -use for the site. Future renewal of the Interim Use Permit, or a request for a Conditional Use Permit, may warrant adjustments to bring the use into greater compliance with City Code standards. Outdoor Storage: Section 11.70, Subd. 22 -C provides for the following performance standards. a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. A new fence is proposed to enclose the ao7 Planning Report RJ Ryan — 915 Yankee Doodle Road Page 6 storage area with gates to secure the area and control access. Black fabric mesh is proposed along the south side fence to screen the area. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage area is located throughout the western portion of the property. There is truck storage between the building and Yankee Doodle Road, and between the building and Columbia Drive. However, these areas have previously been used for outside storage with no public street frontage and it is not clear whether these areas constitute a "front yard ". c. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The fence with black fabric mesh will provide some screening of the storage area from the south. Mesh panels should be added on the west side of the site to provide screening from the adjacent school. The distance from Yankee Doodle Road is approximately 450', which helps minimize visibility of the storage area. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage plan maintains the driving and maneuvering areas within the site. The 6 trailers east of the 915 building should be eliminated. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage areas do not occupy required landscaping areas. The northernmost line of 19 trailers are located in an area previously used for vehicle parking. This being an interim use, and with the buildings unoccupied, the proposed storage should not conflict with off - street parking. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The entire storage area is paved with bituminous and edged with concrete curb and gutter. Compatibility with Surrounding Area — This site has had outdoor storage for many years by the previous occupant, Stock Lumber. Outdoor storage is common within the I -1 zoning district and other I -1 properties in this area also have outdoor storage. Adjacent property to the west is zoned BP, which does not allow outside storage. Airport Noise Considerations - — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed Land Use designation associated with this request is Limited Industrial. The subject site is located within Planning Report RJ Ryan — 915 Yankee Doodle Road Page 7 the one -mile buffer of Noise Policy Zone 4. The adopted zoning standards consider industrial uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Landscaping — No new landscaping is proposed for this temporary use. Existing pavement appears to be within 1 -2 feet of the property lines, so there is little green space available for planting. A new fence is proposed to enclose the site, with fabric mesh for screening along the south side of the storage area. Storm Drainage — The site is served by existing storm sewer installed with the intial development. The existing impervious coverage on the site exceeds the 75% maximum for commercial/ industrial property. A small amount of pavement is proposed to be added to make the driveway connection to the adjacent property to the east. Parkin Storage Area Surfacing — The existing parking and storage areas are paved with blacktop surfacing that is in an acceptable condition, but showing signs of deterioration. City code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Fire /Emergency Access — There are two yard hydrants on and near this property. These hydrants should be tested and inspected to ensure they are in working order. A gate should be provided in the fence near the western yard hydrant so it is accessible from within the site. Lock boxes meeting Fire Department specifications should be installed at all fence gate locations. The six trailers shown along the east side of the 915 building should be removed to avoid the potential for blockage of the easement and narrowing of the drive providing access to the northern portion of the site. Areas along the common boundary with the adjacent 905 Yankee Doodle Road site should be signed "no parking fire lane ", as well as the east and northwest sides of the 915 building and the northwest property line. Utilities — No new connections to the public water and sewer systems are proposed with this application. Access — Public street access is available from an existing driveway onto Columbia Drive at the southwest corner of the site. As part of the CUP application for the adjacent property (905 Yankee Doodle Road), the applicant is proposing to provide an access to Columbia Drive through this site. The applicant should provide private easement in favor of the 905 Yankee Doodle Road property, in a form acceptable to the City Attorney. Grading/Storm Drainage /Utilities - The existing parking lot and storm drainage system were constructed with previous development of the building on the site. The building is connected to City sewer and water services. Planning Report RJ Ryan — 915 Yankee Doodle Road Page 8 Wetlands /Water Quality — There are no wetlands on the property. The site is served by an existing storm drainage system. Easements/Rights of Wa/ Permits — A private access easement should be executed in favor of the property to the east at 905 Yankee Doodle Road, to allow the driveway connection through this site to Columbia Drive. Building Address Numbers — Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. Mechanical Equipment — Any new mechanical equipment that may be installed either on the building or on the ground will be subject to City Code requirements for placement and screening. SUMMARY /CONCLUSION The applicant is requesting approval an Interim Use Permit to allow outdoor storage of semi trailers and trucks. The proposed outdoor storage is for 140 trailers on this site. The existing westernmost building on the site will be removed with this proposal. New fencing and a mesh screen will be installed. A driveway connection to the adjacent property to the east at 905 Yankee Doodle Road will be constructed. The owner acquired the site from Stock Lumber late in 2009 and intends to formulate a redevelopment /ultimate use plan for the property during this interim period. The proposal utilizes the current site improvements. This property is located in an industrial area and this type of use is common in the area. The proposed storage appears to meet City Code standards, but for the storage on this property exceeding the amount on the adjacent dominant parcel. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow off -site outdoor storage of trailers and trucks as a principal use for property at 915 Yankee Doodle Road, legally described as part of Lots 1 -13 and 33 -38 Eagandale Center Industrial Park No. 4, and located north of Yankee Doodle Road between Mike Collins Drive and Columbia Drive. 1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The term of this Interim Use Pen shall be three years, expiring July 1, 2013. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan. 4. The storage area shall be maintained in an orderly fashion. a- Planning Report RJ Ryan — 915 Yankee Doodle Road Page 9 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. All fencing and landscape screening shall be installed by September 15, 2011 and shall be subject to on -going maintenance. 7. Lock boxes meeting Fire Department specifications shall be installed at all fence gate locations. A private yard hydrant shall be installed at the southwest corner of the building by August 1, 2011. 8. The six trailers shown along the east side of the 915 building should be removed to avoid the potential for blockage of the easement and narrowing of the drive providing access to the northern portion of the site. 9. Areas along the common boundary with the adjacent 905 Yankee Doodle Road site should be signed "no parking fire lane ", as well as the east and northwest sides of the 915 building and along the northwest property line. 10. The applicant shall provide a private access easement, in a fonn acceptable to the City Attorney, in favor of the adjacent property to the east at 905 Yankee Doodle Road to Columbia Drive. 11. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 12. Any new mechanical equipment that may be installed either on the building or on the ground shall be screened in accordance with City Code requirements. a r/ Location Map 77 Map Area Extent O� � ira 1 Subject Site Subject Site (915 Y.D. Rd.) (905 Y.D. Rd.) s 0 ............._ ..._..___._.... ,.- - . ...--- •-CO-HWV-N0:.2B YANKEE- -DOODLE-RD a ® e g Wescott.Commons Park A � ��FT _ �JD G T Inks Pn�� CT 3 �P �N P �Z _ 9 DUCKNIOOD GP. 3T .� O SS G `�+� Wescott Station Park Project Name: R J Ryan (905 & 915 Yankee Doodle Rd) Request: Conditional Use Permit/ Interim Use Permit Case Nos.: 11- CU- 07 -04 -11 & 11- IN- 03 -04 -11 Feet 500 1,000 2,000 Legend Jaffa J6,1i City Boundary Parcels \ Parks Buildings N City of EaQau a(� 4 1111 � City of Eap Current Zoning and Land Use Map Application: RJ Ryan (905 & 915 Yankee Doodle Rd.) Type: Conditional Use Pemit & Interim Use Permit Case No.: 11-CU-07-04-11 & 11-IN-03-04-11 Zoning 1-1, Limited Industrial Land Use Plan IND-Limited Industrial N 0 300 600 ALUKIN [)�<IV�- _j P BP Subject Site co 101 CO. HWY. NO YANKEE DOODLE RD.) PD PF PF R i 2 j I R- R-3� -3 CO. HWY. NO. 28 YANKEE DOODLE RD.) 77 MIX Qp QP MD MD 1,200 j / 71 Feet I j F fi t 5 4 t : C j C{ t� t, S �, x r a 1 R )) i t r 1 i + 3 i J �1 sT OUR mliwan # � 3 t7-; MIM 3 sr "j t e7 - . � w tf j F fi t 5 4 t : C j C{ t� t, S �, x 1 R )) i r 1 i 3 i OUR mliwan � 3 3 sr "j t e7 - . � w tf !y , 'tr f A 3 l __ ya g am•- � R 3 f l' - N 00'15'13 - - - - " - - E T, - - - — a ____._______ � - - - -- - - - - - - - 340.05' K, IF py 1 r o P . 6 , Ag - Is R 41� Z - E (M) — 1cr Luc: :1 In w (m) II � _.__..__.: -� .. _. � i �l 1 I 1 1 ! II I I I I I 'l i i l i f ----------------- -- ir ci D_ - 1 1 t1 II Q EF COLUMBIA DRIVE S 00'15 IN 700.00 N 0015'13' E yT 452.94' 1 PIP r 0 00 4� c� ml i Z iil I ! t 905 Yankee Doodle Rd, Eagan, MN F, m �j 12 0C g qpz� �9 0 --- ------------ -- ---- r - ,'N 001� ------ IF py 1 r o P . 6 , Ag - Is R 41� Z - E (M) — 1cr Luc: :1 In w (m) II � _.__..__.: -� .. _. � i �l 1 I 1 1 ! II I I I I I 'l i i l i f ----------------- -- ir ci D_ - 1 1 t1 II Q EF S 00'15 IN 700.00 N r 905 Yankee Doodle Rd, Eagan, MN nj � IF py 1 r o P . 6 , Ag - Is R 41� Z - E (M) — 1cr Luc: :1 In w (m) II � _.__..__.: -� .. _. � i �l 1 I 1 1 ! II I I I I I 'l i i l i f ----------------- -- ir ci D_ - 1 1 t1 II Q EF i t pli 67 mF > z S 00'15 IN 700.00 qp- r 905 Yankee Doodle Rd, Eagan, MN nj � CI-307 273.00• AL i t pli 67 mF > z qp- 905 Yankee Doodle Rd, Eagan, MN nj � ,k,4,,, RJRyan Inc. Construction, In 1100 Mendota Heights Road Mendota Heights, MN 55120 (651) 681 -0200 Fax (651) 681 -0235 April 20, 2011 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55112 Attn: Michael J. Ridley CC: John P. Gorder Dear Mr. Ridley, The purpose of the project is to allow Alan Richey, Inc, to occupy the North portion of the building located on 905 Yankee Doodle Rd as well as use portions of 915/925 Yankee Doodle Road for outside trailer storage (approx. 140 trailers). The 905 building is currently owned by 99 ¢ Only Stores who is based out of California. The 915/925 property is owned by Wayne Hoovestal. Because of a difference in ownership and no permanent solution in mind it would be ideal to apply for a Conditional Use Permit for the 905 property and a Interim Use Permit for the 915/925 property. Another reason for separate permitting would be that Alan Richey does intend on use the loading dock at 905 for overnight storage outside of daily operation hours. The current zoning for the property is 1 -1- Limited Industrial which is intended to remain. The surrounding parcels remain consistent with that except to the West where the zoning is listed as BP- Business Park. It is an assumption that the 905 property will require screening for the propane tanks located along Yankee Doodle as well as the newly proposed gated area just off of the West side of the building. The purpose of an Interim Use Permit for the 915/925 property would allow time for a permanent solution to be in place before the 25% green space requirement is enforced in order to bring the property up to city standards. Included with the submittals is a letter which addresses the benefits to having Alan Richey operate out of the 905 building as well as information regarding their daily operations. RECEIVED APR Z 0 2'U't 1 In closing, the timing of the project will be contingent upon City of Eagan approval. Please feel free to call with any questions. We look forward to discuss your input following your initial review. Sincerely, Kevin Lindquist Project Manager KL:ab 905 Yankee Doodle Letter.doc RECEIVED APR 2 0 2011 ail I wanted to briefly mention a few key points about Alan Ritchey, Inc.'s Conditional Use Re4nest for 905 Yankee Doodle Road, Eagan, MN. Alan Ritchey, Inc (ART) has a proud heritage of service to the United States Postal Service. ARI has transported mail for the USPS since 1964. ARI has built that long -term relationship on the company's rapid response capabilities which continue to be demonstrated with excellent "on- time" delivery performance for USPS dedicated routes and emergency contracts. ARI has not forgotten what brought us to where we are today— that's the reason we continue our focus on being reliable, being on time and delivering quality service. Our standards and goals are high —we don't believe in or settle for anything less. ARI is a multi- industry company that provides services to the government, industrial, agriculture, energy and transportation sectors. ARI has been serving other businesses for over 45 years. Our mission is to provide our clients with customized service that allows them to achieve their goals. We are experienced at providing personalized solutions and offer an unparalleled combination of value, price and service. ARI has handling the US Postal Mail Transport Equipment Service Center in the Minneapolis area since 1999. In an attempt to provide more efficient service and a more competitive contract, ARI is proposing relocation to the above mentioned Eagan location. Each year, the Eagan U.S. Postal Facility receives over 2,000 annual Truck trips. Currently these trips originate in Shakopee and come up along Highway 13 to Yankee Doodle and then east to Lexington and then North to the U.S. Post Service. Re- locating the Alan Ritchey Mail Transport Equipment Service Center to 905 Yankee Doodle Road Eagan from Shakopee, MN, will provide three key benefits to the Eagan community: 1. ARI will actually reduce traffic on the Eagan Highways and save the U.S. Postal Service about $700,000 in fuel costs. ARI will be able to transport trailers up Mike Collins drive, through the industrial park to Apollo Road, Neil Armstrong Blvd., to Lexington Avenue to the U.S.Postal Service using basic industrial routes currently in place. 2. This re- location, saves fuel and cuts down on pollution. It will also reduce truck traffic in Eagan. The traffic flow from the 905 Yankee Doodle will be through the existing industrial park. It is important to point out that whether or not the 905 Yankee Doodle Conditional Use Permit is granted, these 2,169 trips will still be made through the Eagan community and more than likely with significantly greater impact to street traffic. RECE �'b 3. We are improving a building that has sat vacant in the Eagan community for almost a decade. ARI is committed to working with the city of Eagan to create proper screening to enhance the over -all look to the community. ARI prides itself on acting responsibility and being an excellent corporate citizen and we look forward to working together to achieve this Conditional Use Permit for 905 Yankee Doodle road. James DePietro CB Richard Ellis 952.924.4614 RECEIVED APP 2 0 2011 t;Diq Response to questions in reference to 905 Yankee Doodle Road location Prepared by Alan Ritchey Inc. April 12, 2011 1. The traffic flow between the two buildings: It is estimated that approximately 2/3 of the yard traffic flow will be between a yard location and dock location. Here is the estimated movement between the two locations: Avg. Min Max 73 moves 48 moves 92 moves 2. Where do the trailers go once they leave 905 Yankee Doodle Road location? Most of the trailers (shorter 48 foot long trailers) with USPS equipment are distributed around US metro and outstate locations. These trips are standard daily trips and make up about 40 to 50% of the daily activity Monday through Friday and less on Saturday and Sunday. About 10 to 12 trailer trips will be made daily to the Eagan multi - function USPS location (1 mile distance) and 3 trailer trips will go to the Minneapolis Package and Distribution Center (PDC). The balance of the trips (10 to 15) will go to either USPS customers (larger printer /mailers) or outstate USPS facilities. USPS customers are located in various locations around the metro and outstate locations. Most are off of Interstate 94/494 or Hwy 169 and Interstate 35. 3. Daily operations Monday through Friday we will incur about 25 to 35 trailer trips to the facility. There is some live load and unload activity during the work week. Also, there is some drop and hook activity as well and ranges from 15 to 30 trips weekly. Both activities vary due to local USPS mailing demands. Saturday and Sunday drop to 14 and 12 trips with usually no USPS customer trip activity. 4. The timing of the truck traffic We arrange our schedules to avoid the high traffic times of the day. There is also flexibility with the USPS customer trips to schedule those trip times to hours of the day where traffic is less demanding as well. However a heavier trip Monday through Friday pattern is as follows: Time frame Truck trips Percentage 12am to lam 13 to 20 37 to 50% lam to 9am 6 to 7 15 to 17% RECEIVED APP 2 0 2011 D'C;x) 9am to 2pm 9 to 11 25 to 28% 2pm to 4pm 1 2 to 3 % 4pm to 12am 3 7 to 9% Live unload or loads are scheduled by appointment and usually are set to avoid high traffic times. The drop and hook trailer traffic activity is usually in the evening or early morning hours. 5. Estimated traffic during school 7 to 9 and 2 to 4 rush hour traffic. Referencing the schedule in response 93, the standard trips are 3 between 7 and 9am and 2 standard trips between 2 and 4 pm. The remaining trips are USPS customer trips and have flexibility in the dispatch schedule times if needed. 6. Trailers Flow Trailers will leave from both the Hoovelstol and 905 Yankee Doodle Road locations. 7. Alan Ritchey Representative at the City Meetings On May 24 and June 7` ARI Plant Manager Lauren Larsen is available for the Planning Commission and City Council meetings. Lauren will describe the MTESC local and national function and Alan Ritchey's needs at the facility. 8. Lot Lighting ARI's trailer lot now uses the lighting code per Shakopee MN. We do not see any unusual trailer lot lighting needs to adequately light a trailer yard for trailer pickup or drop off. 9. Screening - We'll need to discuss. To be shown on Architectural plans developed by RJ Ryan Construction. 10. Green area We'll need to discuss the options and various costs of each. 11. Checks or CUP City of Eagan Proposal Dan or Lauren will authorize. Checks are being sent to CB Richard Ellis to be delivered at the appropriate time. RECEIVED APR 2 0 2011 f: moms: WA —11 —" \A°! Yun(Cf °—' -tl N 00'15'13" E C S 3a0.05' ,o - - COLUMBIA DRIVE _ N 00'15'13' E / / Ila .S R �I F 1 I� tj 452.94' , .� I !. pp II II It N o k � - r�r ml � I T n L_ � I 4 i rLT 3� p 'Nj0!0'23'24" E (M) rn s � sa p iy s E m I I 8 gg L Aca oa°x3 i z A/SUi # ,.9 2 4 4 < (�) (M)' - -- - - - - -- \ J- -- - - -- y+g 1 m - - -- a - - - -� -- - P � T O D 0 YY j /Q p >ij E— ,I 4 IT i KS IT — `7 DTI o n_CI 1 I �pI gg 3� 1 IP i I; u N W I o D II n z m n �n 21 G> I �6 z im ali+ Y E k m° e4�h z i m { ( I 0075'12 W ..a N 0075'13' E t - - - - - - 700.00' — n' -o• 269.66' l I I� SITE PLAN - REVISED - t ` N _ d o a , ^ Z ➢ N 905 Yankee Doodle Rd, Eagan, MN 00a = E n O�",� jY3: n ? E � I KS IT u o D II n z m S S i S 00'07'26' W J / 275.00' - _V SITE PLAN - REVISED - t ` N _ d o a , ^ Z ➢ N 905 Yankee Doodle Rd, Eagan, MN 00a = E n O�",� jY3: n ? E � Agenda Information Memo June 7, 2011 Eagan City Council Meeting NEW BUSINESS G. 5 YR. CAPITAL IMPROVEMENT PLAN, 2012 -2016 (PART III, PUBLIC WORKS INFRASTRUCTURE) ACTION TO BE CONSIDERED: Adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2012 -2016) and authorize the initiation of the public improvement process for the 2012 programmed improvements. FACTS: • At the Council Workshop held on May 10, the Public Works Department presented a draft of their proposed 5 -year Capital Improvement Plan (CIP) for 2012 -2016. After a detailed review and discussion, the Council concurred with the proposed CIP as presented and directed it to the June 7 Council meeting for consideration of formal adoption. • While the total 5 year CIP amounts to $50.8 million in obligations, the first year proposed improvements (2012) amount to approximately $12.5 million, nearly 23% more than the 5 year average. A summary of the 2012 proposed improvements and a location map is included as a separate section of the overall CIP. • With the adoption of this 5 -year Public Works CIP and authorization to initiate the public improvement process for the 2012 projects, it will allow the necessary coordination with other agencies and the appropriate studies, notices and hearings to be completed in 2011 with the solicitation of bids in early 2012 providing for the best opportunity of competitive prices. • A copy of the final adopted CIP will be placed in the Wescott Library and posted on the City's web site for easy reference by all interested parties. ATTACHMENTS: • Major Street Fund Pro -Forma (Exhibit 1), page QW.. • All Fund Summary (Exhibit 3), page • Location map of Proposed 2012 Improvements, pag • Summary of Proposed 2012 Improvements, pag through • 5 -year Public Works CIP (2012- 2016), 3 ring binder (previously distributed). m_ 2 X W O N N CD J Q z LL 00 N E co (B �U C (6 C_ LL Q. 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N 0 N a F N v U 7 7 CIO m 'D "O C C f0 f0 N N y O CI m O O N E ' a ' a E E O D U O O ojs� N ti�'Q.' o c c E . E w v)(jcn<n(n V! N C C N N "O '0 m m C C it C . f0 m C N C- Y� (0 (6 0 C d N J D E N C -Id N C y . iv -1 o, E a a N cco co O co > �f atSLY2 o d ��m V �? J Y ,00MY as a. a. c c o c c o o @ c o o aam�n.a — N Cl) LO (0 Agenda Memo June 7, 2011 Regular City Council Meeting Legislative/Intergovernmental Affairs Update A. APPROVE CORRESPONDENCE TO EAGAN'S LEGISLATIVE DELEGATION IN SUPPORT OF FUNDING FOR THE STATEWIDE HEALTH IMPROVEMENT PROGRAM (SHIP) ACTION TO BE CONSIDERED: To approve correspondence to Eagan's legislative delegation in support of funding for the Statewide Health Improvement Program (SHIP). FACTS: • Richfield Mayor Debbie Goettel sent a request of cities and counties that are involved with the Urban Land Institute asking that letters of support from Mayors and Councils be sent to legislators seeking ongoing financial support for the Statewide Health Improvement Program. • The Statewide Health Improvement Program (SHIP), which is coordinated through the Minnesota Department of Health, aims to help Minnesotans live longer, healthier lives by reducing the burden of chronic disease. The City of Eagan has been a recipient of SHIP funding for such initiatives as: o a study to create additional pedestrian connections in retail areas o addition of bike racks at City facilities o wayfinding signage for trails o an incentive program to get people to walk and bike to City events and facilities (e.g. $5 produce voucher for those who bike to Market Fest in the month of June) o the sale of bike helmets at a reduced cost and bicycle safety materials provided at Eagan 5K Your Way Activity Festival • The enclosed letter was prepared by staff for the Mayor's signature, on behalf of the City Council, and is proposed to be sent to Eagan's legislative delegation. ATTACHMENTS: • Enclosed on page s the proposed letter to be sent to Eagan's legislative delegation seeking support for SHIP funding. a31 City of Eapn Mike Maguire June 8 2011 Mayor lifestyles in our cities. The City of Eagan is committed to promoting the health and Eagan, MN 55122 Representative Doug Wardlow Paul Bakken 551 State Office Building Cyndee Fields 100 Rev. Dr. Martin Luther King Jr. Blvd. Gary Hansen St. Paul, MN 55155 Meg Tilley and state. From providing ball fields at no cost for our youngest residents to offering Council Members Dear Representative Wardlow: Thomas Hedges As you and your fellow members of the Legislature work to find a budget solution for the City Administrator State of Minnesota, the City of Eagan strongly encourages you to support funding for the Statewide Health Improvement Program (SHIP). As we all know, if we as elected officials hope to hold down health costs, we must start at Maintenance Facility the community level to educate and to provide resources and opportunities for healthier 3501 Coachman Point lifestyles in our cities. The City of Eagan is committed to promoting the health and Eagan, MN 55122 wellness of our residents, and SHIP funding has been a very effective tool in our efforts. Municipal Center 3830 Pilot Knob Road Additionally, Eagan is home to Blue Cross Blue Shield (BCBS) of Minnesota, which has Eagan, MN 55122 -1810 been an instrumental corporate partner in proving healthy living opportunities in our city 651.675.5000 phone and state. From providing ball fields at no cost for our youngest residents to offering 651.675.5012 fax healthy living grant dollars through the their Foundation, BCBS has demonstrated their 651.454.8535 TDD commitment to helping Minnesotans live longer, healthier lives. They exemplify that it takes a collaborate effort— public and private sector together —to address the issue of healthy lifestyles and the corresponding impact on healthcare costs. Maintenance Facility The City of Eagan is joining with other communities as we reach out to ask you and your 3501 Coachman Point fellow Eagan Legislative delegation members to please support funding for the Statewide Eagan, MN 55122 Health Improvement Program in the 2011 Legislative Session. 651.675.5300 phone 651.675.5360 fax Sincerely, 651.454.8535 TDD www.cityofeagan.com Mike Maguire Mayor cc: Pat Geraghty, President and CEO, Blue Cross Blue Shield of Minnesota The Lone Oak Tree The symbol of strength and growth in our community. ? —�