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05/02/1995 - City Council Regular 2i...0,2 C AGENDA EAGAN CITY COUNCIL - REGULAR MEETING BLACKHAWK MIDDLE SCHOOL*** MAY 2, 1995 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS A-„,' ��-B. PLUMBERS LICENSES r- 5 C. WETLAND REPLACEMENT PLAN, Eagandale Corporate Center re D. AWARD BID, Municipal Center Remodeling, Roofing and Related Sheet M tal, P . r Larson-Berry, Inc. 0 E. CHANGE ORDERS, Police Department Building Project GF. ADOPT JOINT Position on Aircraft Departure Profiles G. GAMBLING LICENSE Renewal, Eagan Hockey Association, at Cherokee Sirloin .(I Room, 4625 Nicols Road a-� H. ANNUAL CITY Auction, June 3, 1995, Central Maintenance Facility, 3501 1 Coachman Pt. ' �ij. VACATION of Public Drainage and Utility Easement, Receive Petition/Order PPublic Hearing, Villas of Violet Lane 2 J. APPOINT Representative to Gun Club Lake Watershed Management Organization K. PROJECT 665, Receive Final Assessment Roll/Order Public Hearing, Blackhawk .4 Road Street Rehabilitation L. PROJECT 669, Authorize Acquisition of Right-of-way, Central Area �� Transportation Improvements M. FINAL SUBDIVISION, Prettyman Heights 2nd Addition, Skyline Trail just west of Skyline Drive P }N. FINAL SUBDIVISION, Skyline Heights Addition, Skyline Path just north of Lone e: Oak 34 0. FINAL APPROVAL of Comprehensive Plan Amendment and Rezoning, Nori Hart, located at 3850 Beau D'Rue Drive r ,((4 P. DUPLEX LOT SPLIT, Stephen Temberton, for Lot 4, Block 1, Ballantrae, located on Gold V , Trail ?Q. APPROVE PURCHASE and Accept Bid, Fire Safety Education Trailer iR. SIGN ORDINANCE Interpretation, Concur with Staff Direction 7:00 - PUBLIC HEARINGS (SALMON) . S A. CERTIFICATION of Delinquent Utility Bills PB. PROJECT 601A, Final Assessment Hearing, Lexington Avenue and Lone Oak Road .(1 Intersection Reconstruction and Signalization cO C. VACATE Drainage and Utility Easement, Birch Street (Wescott Garden Lots and Red Oaks Addition D. VARIANCE, Timothy A. Lee, of 3.5' to the required 10' side yard s tback 3 located at 799 Yorktown Place 'VII. OLD BUSINESS (ORCHID) ?.9.e°,1k. PROJECT 681, North Nicols Road Street Reconstruction aB. STOP SIGN Request, Wilderness Run Road and Wedgewood Drive VIIL NEW BUSINESS (TAN) (. 4 A. SHOWS LICENSE, Yankee Doodle Arts and Crafts Festival, REQUEST TO WAIVE FEES, and VARIANCE, from City Code, Recreational Vehicle Parking, Yankee Doodle Arts and Crafts 'Festival B. PRELIMINARY PLANNED DEVELOPMENT and PRELIMINARY SUBDIVISION, Fortune Realty, .`�� located north of Cliff Road and west of the Thomas Lake Shopping Center. A O ( C. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING, Southeast Area of Eagan, for property located east of Highway 3, both north and south of Gun Club Road. p� � 9 PRELIMINARY SUBDIVISION and MULTI-FAMILY SITE PLAN, Centex Real Estate, located south of Robin Lane, east of Highway 13. 1 2.24g. PRELIMINARY SUBDIVISION and MULTI-FAMILY SITE PLAN, LGA Investment Group, located east of Highway 13 and north of Silver Bell Center. V F. ORDINANCE AMENDMENT, regarding Architectural Standards in an I-1 Light Industrial zoning district PQ ORDINANCE AMENDMENT, regarding Definition of Setbacks ,U, ,.?1)H. REQUEST by Lull Industries to Waive Connection Charges V IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persona have equal access to its programs, services., activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ***Note change in location. • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: - APRIL 13, 1995 • SUBJECT: AGENDA INFORMATION FOR THE MAY 2, 1995 CITY COUNCIL MEETING porroxisioAmgrRoywor.14.1MP After approval is given to the May 2, 1995 City Council agenda, minutes for the April 18, 1995 regular City Council meeting and the minutes for the March 28, 1995 and April 18, 1995 special City Council meetings, the following items are in order for consideration. • DEPAR, i <I3 There are no items to be discussed under Department Head Business at this time. 1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 18, 1955 A regular meeting of the Eagan City CQiaicii is#pfd ttti''I'iisstlay,April 18, 1995 at 6:30 p.m.at the Eagan Municipal Center. Present were Mayor Egan ant councilmembers Voter,Awada,Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Hunter moved, Awada seconded a motion to adopt the agenda. Aye: 5 Nay: 0 I'!I MINUTES D 1I;PRILIV If 9S 1SPEC1AL MEETINGa1; " Nlwdl;11114 d. . . mR nSAn m;uo.,,Idui '.I@ Cw.n+uih4.w�+9,u4mlp „IGnmo•nu d:an....i..uN:lll . luulr,blu„nuba'w , Awada moved, Hunter seconded a motion to appfs i :tliia:Minutes as presented. Aye: 5 Nay: 0 'MINUTES',OF;APRIL�;4,11995•REGULAR MEETING-I ... .i� l"Ia.G�d L'. . .x.���J.i'. Hd:.idlvk. � � , Wachter moved, Masin seconded a motion..to:approve the:imiii utes as presented. Aye: 5 Nay: 0 N:'• i L.�'0011ATIYE.UPDA`�E ,I wll r Mayor Egan noted that due to activity in the legislature this week,the legislators were unable to attend the meeting tonight. Administrator Hedges reviewed several pieces of legislation that are of concern to the City of Eagan and suggested he can do a letter to each of them stating the Council's position on any issues they are concerned with. • Councilmember Hunter expressed a conceniiiboot the:H F,.641 and S.F. 647, which places a time limit on how long land use issues must be acted on by cities..::ale indicated•tie.is opposed to this as it is very restrictive and creates a lot of bureaucracy. He added this bill ex 1iides schooi::diSpicts, the Met Council, and first class cities, which he feels is very unfair. Discussion followed... Mayor Egan raised the tax freeze bill. Couiiclimember Masin expressed concerns about this, noting that it is the city's main source of consistent funds. Councilmember Awada stated she feels this is a political ploy by the, DFL to have taxes frozen in an election year. If the city wants to keep the same level of services, it will result In a tax hike the next year. Councilmember Hunter added that he is philosophically opposed to the state deciding what Is best for Eagan residents. There is no one more accountable to Its constituents than the City Council. The state should not be micromanaging city affairs. Mayor Egan explained the components of the livable.communi ies bill,noting that financing is the main issue. Counciimember Awada stated she is glad the legislature I0:getting the:government programs to compete with one another rather than using additional tax dollars'for new progrms. Sltd feels It is the best way to weed out the things that are.unnecessary. Senator Deanna Wiener arrived at thI ' ime andave an update on current bills affecting cities. She is a proponent of eliminating existing programs that have a history and bureaucracy behind them, and shifting those funds in new innovative Ideas. She noted that communities in the metropolitan area have come together to deal with some of these difficult Issues. She added that she recently signed a'bill placing a cap on fiscal disparities at 15%. In response to the bill placing time limitations on processirig# nd use Issues, she noted that not all com- munities are as responsive to applicants as Eagan is, and this bill seeks to address that. She added that if there is a problem with processing an application with withOWfirwmgigi:Arililhe city needs to do is write a letter to the applicant letting them know what the problem:is:iiiief i okloti :#c: rl :take to resolve it. Councilmember Awada expressed her concerns about this, noting that the Planning Commission would have to have twice as many meetings as they do now, and the Council would likely need to halve inore meetings as well if this goes through. EAGAN CITY COUNCIL MINUTES;APRIL 18, 1995 PAGE 2 • Senator Wiener stated she feels it Is a good government and good consumer piece of legislation. She noted she doesn't concur with the exemption for first Regarding the property tax freeze, shC:atated she feels tfie::taxpayers spoke in November on this Issue stating,they don't want higher taxes. She feels;fhls bill will result in discussion about fiscal disparities and finding new ways to fund the propepty tax system and: ooi districts. IXaplllssion followed. In regard to Item C, Adoption of the Park Systems Plan, Cauncilmember Hunter noted that although financing was discussed, he feels the funding still needs to be addressed in greater detail In regard to Item M, Recision of I$TEA;>fa pt;.CAuncJIme iber.Wachter pointed out that by rescinding this grant, the city will save money. Parks and Reoreaziiitf:birectQr:1'i igave,an explanation. In regard to Item T, Declare Surplus Property,Autfiorize Disposal of Building Fixtures.Administrator Hedges noted the city salvaged a lot of items for the civic arena, ttie police;fapility and city hall. A. Personnel items Item 1. It was recommended to approve the hiring of Matthew Buck, Jason Schwamb, Doug Kuehn, Nat Christiansen and Jason Witt as seasonal ballfield attendants. - Item 2. It was recommended to'approve the hiring of Laura Hampton as a seasonal park attendant. Item 3. It was recommended to approve the hiring:pf: dhn.OToole,Matthew Torfin, Dale Bishop, Brian Banasewski, George Seiiner, Tim Spencer„Joe Wilcox, Glen Jensen,:M atk.8arsness, Edward Goettel, Raymond Sped, Mike Marxer, Milo Raaum, Dave Downs, and Leroy Berg as::seasonaf park maintenance employees. •Item 4. It was recommended to approve the hiring of'Josepl Ai.Wiita, Darren Lee Wilke and Christopher Beckman as seasonal utility maintenance workers. Item 5. It was recommended to approve the hiring of Eric Olson as a seasonal tree Inspector. Item 6. It was recommended to approve the hiring of Diana Bolander as a seasonal horticultural specialist. Item 7. It was recommended to approve the hidng:.Qf.peborah:Buntjer, Susan Garry, Holly Confer, Nora Flueger, Wendy Willman, Lei Lani Fischer, Julie Beecher;: #:Mairth Bi k:as:seasonal concession workers. item 8. It was recommended to approve the hiring of RaGhOl Collin l am as a seasonal recreation leader. item 9. it was recommended to approve the hiring of Chris"Nmer,Hi3ather Roughier and Dave Johnson as summer water resources interns. Item 10. it was recommended to approve the hiring of Jason Jahnke as seasonal engineering intern. Item 11. It was recommended to accept the resignation of Rich PeJeier, Park Operations Supervisor. B. Plumbers Licenses. It was recommended to approve the plumbei 'ttcense for Kramer Mechanical as presented. C. Adoption of Park System Plan. It was recomm ndad to*ido tf a:Park System Plan as the City's Comprehensive Plan for parks, subject to review and approval by the Metropolitan...Council, and direct its submission to the Metropolitan Council. • EAGAN CITY COUNCIL MINUTES;APRIL 18, 1995 PAGE 3 D. Recommendation. Airport Relations Comm Commissiorq9omomgnip4A Part 150 Program. It was recommended to approve the comments as presented: E. Change Orders. Police Department Building P•rgject. It was recorniriended to approve the change orders totaling $6.441. F. Vacation of portions of Parcel 47A. MnDOT Rfieit gfrvajr !I t::#19-72 Lying Within the Proposed Deerwood Townhomes Addition. It was recommended to receive•tthe:petition and schedule a public hearing for 7:00 p.m. on May 15, 1995. G. Project 686. Receive Petition/Authorize Preparation of Feasibility Report. Woodgate Lane Streets and Utilities it was recommended to receive the petition and.authorize.•Areparation of a feasibility report and simultaneous preparation of detailed plans and specifications::: H. Conditional Use Permit,Shaba Johnson. It was recommended to'approve the conditional use permit to conduct a beauty parlor at 1594 Rustic Hills Drive, subject to the:following conditions: 1. The applicant shall record this Cond#foiiial:Vse Permit at:the Dakota County Recorder's office within 60 days of City Council action. 2. Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only. 3. The only employee shall be an occupant of the household. 4., The parking shall be on-site and lirimite l:to:two.customer vehicles. •5. There shall be no commercial signs advertising tt business. 6. There shall be no over-the-counter sales: #.metcha dice:'• • I. Conditional Use Permit - Johnson's Richfield' ;Blaolitop. It was recommended to approve a Conditional Use Permit to allow an automobile service facility Ina GB zoning district at 3206 Sibley Memorial Highway. J. Final Subdivision and Final Planned Development-Oak Cliff Eighth Addition. It was recommended to approve the final planned development and final subdivision for the Oak Cliff Eighth Addition to permit the construction of the Penn Cycle shop on the south side of Cliff Road.:west.:pf.Cedar:Avenue. K. Final Subdivision. Eagan Oaks Addition. It was ieconimarided•toapprove a final subdivision for the Eagan Oaks Addition. L Resolution. Eagan Arbor Day and Arbor Month. It was'iacommeiaded to approve the resolution as presented. M. Recision of ISTEA Grant. It was recommended to authorize a recision of the ISTEA grant for the Nicols Road trail improvements. • N. Easter Lutheran Church. Authorize New Application for Rezoning. .It was recommended to authorize Easter , Lutheran Church to proceed with a new application for rezoning of thg:pioperty at the northeast corner of Cliff Road and Pilot Knob Road, provided the impervious surface area is substantially reduced from the previously considered planned development proposal. O. Approve Exemption from Lawful Gambling Liaanse. Valley•i/iewers•4-H Club. It was recommended to approve a resolution for the Valley Viewers 4-H Club for an exemption from itia:lawful gambling license requirement. EAGAN CITY COUNCIL MINUTES;APRIL 18, 1995 PAGE 4 P. Resolution Establishing Municipal State Aid:S.treetg ::lt:was:te.Vlmended to approve the resolution establishing Municipal State Aid Street designation on Lexingt Wiiii*.:(MSA*#1:11)from Lone Oak Road to TH 55 and Thomas Lake Road (MSA #128) from Cliff Road to Dilfley•Road and authoe the Mayor and City Clerk to execute the resolution. R. Approve Solicitation Ucense. Blue Bell Ice t jl. It was recommended to approve the solicitation license for 1995. • S. Easter Lutheran Church. Final Plat Extension. It was recommended to approve a 45 day extension for the recording of the final plat for Easter Addition. T. Declare Surplus Property. Authorize Disposel.of;Buildina Fixtyr9s. It was recommended to declare certain municipal center building fixtures to be surplus::pri r y a id Guth ze'their disposal. Hunter moved, Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ;:pcl91Jc HEARINtiCr,;S ::: PROJECT 681, NORTH hNICOLS ROAD'STREET RECONSTRUCTION After introductions by Mayor Egan and Administrator Hedges,Director of Public Works Colbert gave a staff report on this project. Steve Gatlin, of MSA Consulting Engineers, explained the feasibility report and addressed concerns raised at the neighborhood meeting. He reviewed several changes that were proposed as a result of these concerns. Director of Public Works Colbert added.that the amount of assessments could vary based on unit prices received; however, he doesn't feel the assessneritsn+#I:Lhange substantially. After some discussion, Mayor Egan opened the public hearing. Lester Spencer,3786 Nicols Road,expressed concem abou:ffe mowability of the ditches along his property and drainage problems he has had in the past. Steve:Gatlsrt:expfehted•that they are proposing a 3 to 1 slope on the ditches which is a mowable slope. Mr. Spencer.Indicat ::ho'paid an assessment for storm sewer and feels the water should drain into the storm sewer rather than ties Director of Public Works Colbert explained that they are proposing two improvements: put in a 30'parallel storm sewer to take care of the excess water flow; and reshaping the ditch. He noted they could install concrete curb and gutter and catch basins, but it would result in a higher cost and more assessments. He didn't feel it was appropriate In this case because that section of Nicols Road is a rural roadway design standard. It could be upgraded to an urban section, but that option hasn't been pursued. Councilmember Masin asked whether Mr.Spen.cer•.wouid.:prefer.cOncrete curb and gutter,but Mr.Spencer indicated he would have to know what the costs would bie,:before:i e: id:comment. Director of Public Works Colbert noted it would be at least $2,000 more Considerable discussion followed. Mike Gresser, of Gresser Concrete Masonry, indii lted he' vquld like a breakdown of how m uch of this project is being paid for by the taxpayers. . There being no one else wishing to speak,Mayor Egan turned the discussion back to the Council. He asked whether this'project is financially feasible. Director of Public Works Colbert indicated that the present storm sewer Is under capacity. With the current construction activity, they felt it is the most economically feasible time to do it. He noted they will get approximately 1,600 feet paid for by state funds He feels it is economically feasible. Councilmember Wachter pointed out the wide range of esttitiated costs. Director of Public Works Colbert indicated that is based on the alternates. After Ihe:neighbor :meeting,they narrowed the scope of the project. Considerable discussion followed concerning whether:curb:aid: i ttcr,should be installed and where. Hunter moved, Wachter seconded a motion to close the public hearing and continue this project for two weeks to allow Mr. Spencer and the Ramnarine's to meet with Mr. Cc}3.tert and Mr. Gatlin to discuss drainage issues. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES;APRIL 18, 1995 PAGE 5 PROJECT 664, WESCOTT S{ lifA 3i u?<kDPIMIf! ::S #BEET RECONSTRUCTION After introductions by Mayor Egan and:Administrator Hedgee .Director of Public Works Colbert gave a staff report on this project. Mark Hanson, of Bonestroo, Rosene, Anderlik &Associates reviewed the feasibility report. He noted there are two options for this project. 'Fh.street can be cebuiit,or they can use reclaimed aggregate base. Mayor Egan then opened the public hearing. Darlene Ninteman,3463 Trails End Road, indiceteid sfie is opposed to the assessment. She doesn't access off of Ivy Lane, and if Trails End Road needs to be redone in the future, she will be assessed again. Director of Public Works Colbert noted that when Trails End Road was upgraded,the cost was spread out to all area properties regardless of whether they accessed off of TrailsEnd Road. Also,those fronting on Ivy Lane will be assessed more than those that don't. He feels that is the most fair.•way:t4:aS.s,.ass.fpr hls improvement. Councilmembers concurred. Paul Kappes, 3461 Trails End Road, suggested.this could beiassessed according to who uses Ivy Lane. There being no one else wishing to speak, Mayor Egan turned the hearing back to the Council. Councilmember Hunter stated he doesn't.think opetiding: sessment roll needs to be revised since the difference is so small. Egan and Awada concunedi::::*Coiii ell ember Wachter asked why these streets are so deteriorated. Director of;Public Works Colbert*noted that the streets were constructed in 1971. Also, there have been numerous water main and sewer repairs in the area, the Integrity has been disturbed several times due to continuous construction in the area. Hunter moved, Wachter seconded a motion to close the public hearing and approve Project 664. Aye: 5 Nay: 0 PROJECT 661R, SIBLEY TERMINAL INDUSTRIAL PARK FINAL ASSESSMENT After introductions by Mayor Egan and Administrator:He ges, Director of Public Works Colbert gave a staff • report on this project. He indicated that Apollo Elevator hasiit7 access to Terminal Drive; therefore, they are recommending that this property and the neighboring property:;,t ::deleted from the assessment roll. These assessments will become city cost. Mayor Egan theff open ed:the'public hearing. Mike Gresser, of Gresser Concrete Masonrji;noted he requested some information on the breakdown of costs on this project and he,never received the information. Director of Public Works Colbert indicated that The information he requested was available at the neighborhood meeting. He was not aware that Mr. Gresser was out of town at that time. He gave him a copy of the assessment report. There being no one else wishing to speak;;::Maypc::Egaf;:tamed discussion back to,the Council. Hunter moved, Masin seconded a motion to close the.06116:fieerVid:iiiidiiiifjPrize certification of the final assessment roll as revised. Aye: 5 Nay: 0 PROJECT 645, BLACKHAWK HILLS ADDITION STREET RECONSTRUCTION After introductions by Mayor Egan and Administrator, Direcfot('of Public Works Colbert gave a staff report on this project. Mark Hanson, of Bonestroo, Rosene, Anderlik&Associates, reviewed the feasibility report. Mayor Egan then opened the public hearing. Susan Dirks,3675 Birchpond Road, questioned whether all of:ihe streets need to be done. She noted there Is a low point on Birchpond Road that needs to be addressed so ttOtreet doesn't need to be done again in 17 years. She feels sidewalks should be considered as there are many.people walking in this area. Director of Public Works Colbert reviewed the history of the roads.:IO:trkarWPW.Afeqpie of the roadways, and the condition of the roadway in various areas. A member of the neighborhood suggested the sharp au* on Blackhawk Hills Road be removed. Considerable discussion followed concerning the curve in the road*id how It could be redesigned to remove the sharp curve. EAGAN CITY COUNCIL MINUTES;APRIL 18, 1885 PAGE 6 Councilmember Hunter asked about the p 40.ilit f::.0 p ing:in a trail in this area. Director of Public Works Colbert noted that the City does more local traffic'trailways rather inn community neighborhood trails. The costs for a trail or sidewalk were discussed. Ms. Dirk :noted there is a pi*.-:nearby, and many children must walk in the street to get there. Councilmember Hunter nod..that this situation..axists all over Eagan, and It is the city's policy that if neighborhoods want this type of trail, they,:an petition for.:1>:::;:Director of Public Works Colbert added that if a trail were added, another public hearing would d::to•.be.fielid~.:: Joan Bohlig, 1680 Biackhawk Cove, indicated that at the neighborhood meeting, people suggested that Birchpond Road could be narrower due to the small amount of traffic it gets. She suggested that if the road were made more narrow, there would be room for a trail or sidewalk. Director of Public Works Colbert responded that that would result in a significant increase in cost to the project. He suggested that another alternative would be to do an on-street trail with striping. Ms. Dirks stetted:s r:leelslhat:vi! ld be a good short-term solution. Bart Schmidt, 3625 Birchpond Road, raised the tissue of ltbe:bridge across Duckwood, indicating he is opposed to it. He feels it would be detrimental to the neighborhood..Don Lerche,3685 Birchpond Road, expressed concern about the increase in traffic on this road. He do$ri't feel his:section of roadway needs improvement at this time Ed Kellogg, 3665 Birchpond-Road, questioned:: vt ether these::improvements are needed. He noted the road wasn't used before 1986; therefore, the road:#ias:eCtualiy oiy;tieen used for nine years. John Gorman, 3695 Birchpond Road, concurred that Birchpond Road should be made narrower. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Hunter stated he feels that making the road narrower is not feasible due to the cost. He feels a striped trail is the best solution. He doesn't feel the city should include sections of neighborhoods where the road is not deteriorated in projects just because they;are:In the improvement area,especially if there is a sharp delineation in the condition of sections of a roadway. Director.':i*Nblic.Works Colbert indicated they can evaluate the area to see which sections need to be redone and which can be'bvei:141::::He noted it makes it difficult to finance because different sections of the road deteriorate at different tubes. However;:if the Council wants, he can reevaluate It and bring it back with the plans and specifications. Mayo#:Egan:00.1 teditie would like It reevaluated. He doesn't want to reconstruct streets prematurely. He concurred:.tl at:tr►eking'the street narrower is not economically feasible. Councilmember Wachter stated he would only fayar;iii:striped trail,noting that any type of raised barrier on the street would cause problems with snow removal. Hunter moved, Awada seconded a motion to close the public hearing and approve Project 645; authorize preparation of property benefit appraisals; and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 VARIANdi:FOR'PAik:4:':KLEIN After introductions by Mayor Egan and Administrtpr Hedge*;;Community Development Director Reichert gave a staff report. Mayor Egan then opened the public krearing, aid Paul Klein urged Council approval. There being no one else wishing to speak; Mayor Egan tumed''discussiol ::ruck to the Council. Hunter moved, Awada seconded a motion to approve a 14' rear yard setback variance to the required 50' setback from Pilot Knob Road for Lot 6, Block 1, Oster Addition, located at 1405 Oster Drive. Aye: 5 Nay: 0 VARIANCE FOR WENSMANN PROPERTIES After introductions by Mayor Egan and Administrator Hedge;::Community Development Director Reichert gave a staff report. Mayor Egan then`opened the:public hearing:,, Tom Sand, supervisor for Terry Wenstitianrr;'tii5tee!'ttiat'vvltfi the current setbacks, the lot would not be buildable and still meet the covenants for this subdivision. He noted::they got a building permit, footings were put in and inspected, and some of the block work was done before the called to have them stop the project. They have put about $15,000 into the project. He indicated the developef` vors this variance. They have been talking with the neighbors informing them of the situation. He Indicated that up to six lots In this area do not meet the side • EAGAN CITY COUNCIL MINUTES;APRIL 18, 1995 PAGE 7 yard setback requirements. The covenants did:ri ?31 �3t1, : :lac ' ?r:the zoning of this property. In order to meet the setbacks,they would have to reduce the si 'reii:ibtage of the f#Qi a and eliminate the third garage stall,which would bring down the value of the property. M'e:#hdicated they are viw8fing to work with the neighbors to resolve this with screening and landscaping. The buyers need to get out of them.property and the closing date will have to be delayed. Considerable discussion followed cot Geming the destiitt if the home and how it could be designed to . meet the setbacks and covenants. • Counciimember Wachter stated that the developer should have told him the property was zoned Estate. Mr. Sand stated that they submitted their plans and applied for a permit and nothing was said about the zoning. Wachter responded that the developer should correct this with the neighbors who purchased their property as Estate zoning. He feels the lot was too small to build the large homes that are required in the covenants. Discussion followed concerning what the city's liability is In this type::of::s8u0ci;:::CI :Attorney Sheldon stated that it is the buyers responsibility to find out the zoning of a lot. The'eltYliakittialifeitili.aponsible for the safety of the public at large. The zoning is a matter of public record. Councilmember Awada stated the Council needs to decide w iether this is a buildable lot and where the city's responsibility lies. Mayor Egan stated he thinks:;t ie;:burderi:I:s•on: :applicant to prove there is a hardship. Awada concurred, stating she feels it is feasible to build a Borne on this:licit 'Mayor Egan asked the neighbors whether they would be willing to work with the builder to resolve this. • Andrea Wahlstrom, 1990 Safari Trail, stated that if this home is built,their master bedroom will look directly into the master bedroom of this house. When they built their home,they were told repeatedly about the covenants and had to redesign their home because of it.,They spent a lot of money to get this lot because of the size of the lot and the privacy,and feels they are now payin :tfie;cost of the builder's mistake. Don Wahlstrom added that they bought the lot for privacy. He doesn't feel that work#f g:thIs;.out in the short term will make up for the long term effects. • Maxwell Amoako, 1998 Safari Trail, indicated:he waa:told:about the Estate zoning when he built his house. According to his calculations, the garage Is only six:inc s:from the property line and 10 1/2 feet from his house. The builder started digging on the property beeQre::ti!ie'permit was issued. He thinks Wensmann is trying to cut corners. There are larger lots on this cul-de-sat;'. Mr. Sand responded that Wensmann Homes is a reputable company. They do not cut corners,and did not move any dirt prior to the building permit being issued. They did remove some trees. He added that Mr. Amoako's house does not meet the 30 foot setback either. Councilmember Awada noted that if the request was for less than 18 feet,the Council would probably be more wilting to t a Variance; There being no one else wishing to speak, Mayor Egan closed the public hearing. • • Wachter moved,Awada seconded a motion to den !:the variance, based on the fact that the Council didn't feel that hardship was shown by the applicant. Aye: 5 Nayy ::0 Discussion followed concerning how to prevent this type of error from occurring again. Hunter moved, Awade'seconded$:motion to direct staff to prepare findings to support the denial of this variance. Aye: 5 Nay: 0 VARIANCE FOR CITY OF EAGAN After introductions by Mayor Egan and Administrator Hedges;.Community Development Director Reichert gave a staff report. Councilmember Hunter stated he feels the cdid6i;should change to reflect more reasonable setbacks for reservoirs. Discussion followed on whet the setbackshould be. Mayor Egan opened the public hearing, but finding no one wishing to speak, he closed:The::public:t i :::Awada moved, Wachter seconded a motion to deny the variance and authorize staff to amendihe'•efty'code:thi i 1 ig the setback requirements for reservoirs to 50 feet. Aye: 5 Nay: 0 ;rNEW BUSINESS ' 1 • EAGAN CITY COUNCIL MINUTES;APRIL 18, 1995 PAGE 8 REZONING al+l.0:>?1tE l A hY:§i18DMSION WHISPERING:WOODSILEVEH .T:ADDITION . After introductions by Mayor Egan and;Administrator Hedges, Community Development Director Reichert gave a staff report. Wachter moved,Awada seci$led a motion to pprove the rezoning for Hilla Inc. of 20.97 acres from A to R-1 for property in the southwest quaiter:.of.•Section• :::;Aye: 5 Nay: 0 Wachter moved, Awada seconded a motion•tt epprcve the preliminary subdivision for Whispering Woods Eleventh Addition, subject to the following conditions: • 1. The developer shall comply with standards conditions of plat approval Al, B1, B3, Cl, C2, C4, El, Fl, G1 and H1 as adopted by the Council on February 3, 1993. 2. Variances to the maximum cul-de-sac lergtka3.all.be approved as follows: Wall Street - 1,396' variance of 896'::::: Whispering Way- 749' variance of 249'...,. Estates•Drive -468' variance of 68'.:'' 3. The proposed development is subject:xi .i'casf parks acid cash trails dedication. 4. The tree'preservation is approve as submitted. 5. A detention basin shall be constructed to catch and treat runoff prior to discharge to Pond E-23. 6. A cash dedication for water quality.:ls..required for the remainder of the site. 7. No filling or draining of wetland areas Is:.i 1;i4 d;.:.:.• • 8. The final grading plan shall show detailed:plans and•specffications of the construction of the retaining wall. • • 9. This development requires that tree:ptbtective''iiieasures(i.e.4'polyethylene laminate safety netting) be installed at the drip line or at the:perimeter of the critical root zone, whichever is greater, of the significant woodlands to be preserved. • 10. Individual lot - tree preservation plans are required on all lots within the development at the time of building. • •11. The developer is required to contact:00: fty fforestry:Division at least five days prior to the issuance of a grading permit to ensure compliance with'•The'approved tree preservation plan. 12. Subject to final plat approval. • 13. Subject to approval of setback variances ••• and approve 10' setback variances on Lots 1, 2, 9, 10, 18, i9, 20, 30, 31, 32, 41, 42 and 43. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING - NORI HART After introductions by Mayor Egan and Administrator Hedge s;:Community Development Director Reichert gave a staff report. Awada moved, Masin seconded a motion to approve a Comprehensive Guide Plan Amendment from Limited Business to Single Family Residentialt.for;::1.4.1..:Slack•.1•,.4-lebei Addition. Aye: 5 Nay: 0 N, LEGISLATIVE/INTEI#=1a'OVER't1MEtilTAL'UPDATE,'' Administrator Hedges referred to a letter he received from theC y of Inver Grove Heights inviting the Council to meet with their Council to discuss development issues. He felt''that perhaps another format mat be more- appropriate than having the two Councils meet. Mayor Egan indicated he would be happy to represent the Council v - i EAGAN CITY COUNCIL MINUTES;APRIL 18, 1995 PAGE 9 • and meet with the Mayor of Inver Grove Heights ::Te Q u icllli rlaid::n o objection to this Counciimember Hunter suggested the city send a letter representing the Cri(Aitil`s:positiiifi:::#!N:doesn't feel both councils should meet. He feels it would be more appropriate for the mayoi°s:to meet,or the Putilliii:Works Committee. Councilmemb r Wachter expressed some concerns about this. There is'no benefit to Eagan,•arid he feels Inver Grove Heights is developing piecemeal. He feels Inver Grove Heights should::get a development::plan In place first. He Isn't comfortable with piecemeal development Hunter concurred. D lion foliow. :;::::::. ; PORCAfigiuglir Director of Public Works Colbert noted that the county receiv bids for the Yankee Doodle Road project. and the bids came in under estimate. He feels the extended working ours helped to get low bids. Administrator Hedges noted that the Lei ::oi:MinnesQta:?Ities conference is coming up in June and he needs to know who on the Council is planning::owtidli g; :toiiiiiiiMig nber Masin reported on a Dakota County League of Governments meeting she attended. CouncilnaaTber Hui#er noted his business trip scheduled for April has been delayed for two weeks. Discussion followed on upcoming•iwork sessions. ;;'l;A;pHg.P$A, lSTE.R Wachter moved, Egan seconded a motioh•td•approva tht :aIieclj register dated April 14, 1995 in the amount of$1,564,607.04. Aye: 5 Nay: 0 • ADJOURNMENT The meeting adjourned at 11:08 p.m. .... DLP ..I Date City Clerk if you need these minutes in an alternative form such as large print, braille, audio tape, etc.,please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612).681-4600, •(T DD phone: .(612) 454-8535). The City of Eagan Is committed to the policy th9tslf iorsotis:ttai'eierjcialiaccess to Its programs,services,activities, facilities and employment without regard to race, color, cr. ed, religion; national origin, sex, disability, age, marital status or status with regard to public assistance. MINUTES OF&S•P•.E.cJA1;.•M,EETI;N •OF THE frch 28, 1995 A Special City Council meeting was held•fi'!x$t y.)*arch 28, 1995 at 4:30 p.m. in the lunchroom of the Eagan Municipal Center building for the purpose'o#'recapping the recent advisory commission retreats. Those present were Mayor Egan and City Coundlmembers Awada, Hunter and Masin. City Coundlmember Wachter was absent. Also in attendance for portions of the meeting were Director of Community Development Reichert,Assistant to the City Administrator Hohenstein,Communications/Recycling Coordinator Foote,Director of Parks & Recreation Vraa and City by Admin� .� •'..�e•::4MBakken, the City's advisory ry commission - facilitator,was also present for the entire me •,• • ADVISORY COMMISSION RETREAT'RECAP Mr. Larry Bakken appeared and prectted ii a .t :each of the five (5) advisory commission retreats. Mr. Bakken and the City Council:: i clo's'ed 4.::.00.40:i for meeting with each of the advisory commissions so a proper expectation occurs during the ever iltti:'City Administrator Hedges stated that all five (5) advisory commissions,including the Economic Development Commission,Advisory Planning Commission, Airport Relations Commission,Solid Waste Abatement Commission and Parks,Recreation&Natural Resources Commission, are scheduled for approximately forty-five,(45),minutes each to meet with the City Council. All nine (9) members appeared repj tinting the EDC and shared their comments about the retreat. Commission members stated that 1) the irar}jrtti sfpr.would appreciate more empowerment to decide their • work program and priorities;2)the Commission sfttiiiiii#*vl4 research and be a helpful resource to the City Council with pros and cons on economic development•'i'rtatteie;'3) the Commission should provide good objective and subjective information;4)the Commist on stated*at:ttio:y can be of assistance to the City Council on problems that may surface out of the business sector;;and S :iff Commission expressed great pride in their diversity of backgrounds. They considered this::itap'ojttt:for their recommendations and fact-finding to assist the City Council on various economic develct i eM'lnatters. In summary,the EDC and City Council agreed that Eagan is a great location for a free trade zone,that it could be a prototype City to link with fiberoptic cable opportunities, and that it should promote the excellent tax base it has developed. , The 4LP_C was represented by sevelx. 3 f i iii}i:tib : 'A? members expressed a desire to become more proactive in planning matters. Comriiission'itierriisei's'also'e*pressed a desire to have the City Council strengthen the importance of the Advisory Planning Cgq rmission:for certain applications recognizing that the City Council would always serve.as an appeal board.:; ommissiO members also stated that if a policy has already been set by the City Council,certain functionsihrld be dated to the APC for their implementation. Commission members also expressed a desire to work With oth iiidvisory commissions to better collaborate development objectives. City Councilmembers stated that many offiese objectives could be accomplished and the APC could best serve the City by coordinating a comprehensive guide plan review and update. The Airport Relations Commission was represented by four(4)of its members. It was generally agreed by the Commission and City Council that their task Is more narrc titian other advisory commissions;however, the outcomes and policy decisions they will be advising the Cit.:. bundl on, such as the dual track process, hive tremendous implications on the community, The Airport Retsifions Commission members present and City Council used much of the time to discuss' ity(;feiiit;:ti4:$iil}:t8sues the Airport Relations Commission is analyzing at the present time. •••• ••• ••••....... • Page 2/EAGAN SPECIAL CITY COUNCIL ME ;FNAMNW R.$.. March 28, 1995 There were only two(2)Commission!!lumbers present frofi%*e Solid Waste Abatement Commission. They expressed a great support for the rat process and.:ft it was helpful in providing a better communication with the City Council. Much**Ethe,discussion00een the City Council and the advisory commission members present centered around Ix rq es#:R$Itbc§ and other agenda items that Commission is planning over the next several months. • There were eight(8) members of the APRNRc present. There was an overwhelming consensus that the retreat was very helpful in bonding new members with those that have served several years on the Commission; Commission members expressed a high level of excitement for the activities and issues they are dealing with relative to the Park Systems Plan i if ith tlyglc ms,such as Holz Farm Park. Commission members did express an interest in having gteate :*it q tAeht„ the City Council for addressing various issues. Commission members also informed that CitOundl ti*they are planning a half-hour television program that will precede each APRNRC meeting as a means of providing greater information to the public. COMMIS,$RR:# S IttAT;W.1 -UP • Following the conclusion of the five( )joint commission presentations,Mr. Bakken presented several questions and statements that he recorded during the various commissions' interaction with the City Council. He discussed many policies, followed by several substantive recommendations. It was agreed that Mr.Bakken would provide a written summary of his notes for use by the City Council and each'of the advisory commissions. City Councilmember Hunter suggestei l iIie,following policy: • Whenever the City Council overturns a rer+tiiti<u lotion of an advisory commission,the City Administrator shall prepare a memo to thatromm'is iuiiiiiiti behalf of the City Council,indicating the reasons for their vote. The memo shall be sent tv;eac*lvrember of the advisory ommission • that made the recommendation. City Councilmembers concurred that this polo i'lie'iiicluded in the new Council Policy Manual being developed by the City Administrator's office. There was also discussion by the City Council that meetings be scheduled between the City Council and advisory commissions periodically for the purpose of update or addressing various policy issues. There was also a suggestion that an evening be set aicle,.ira•.eay;Julie;for the purpose of recognizing the advisory commission members and their families in t 4.igi p1 ?ctle;4e City park. The City Administrators office was also directed to prepare a prototype business card for'use t3y all advisory commission members. The City Administrator stated that each of tii ::advisory::Commissions were asked to complete an evaluation form. Those will'be tabulated for distributio i both Ci :jouncil and commission members. Mayor Egan thanked Mr. Bakken for his involvement and the egeellence:if:facilitating all the retreats and the wrap-up session. CAPON!ART PARK There was a brief discussion by the City Council regar{II osi communication the City Council's liaison committee, consisting of City Councilmembers Awada and Maw, have had with Mr. & Mrs. Capon! over development and funding of the Capon)Art.park.:.Tio.Councliniebibers stated that after reading Mr. Caponi's correspondence,it is dear that he has misu tS;#q:!?ii#1Eti .16!:11:t�tplvement and support of the Capon)Art Park to include an acquisition of a portion or all ditfiiI rcpoMtlik:P W'property. City Councilmembers stated that a letter should be drafted by the City Administrator that makes it.gWr that the City is not committing any public dollars to the acquisition or development of the Art Park. Afte(:gi;me deliberation, it was agreed that the City consider committing public dollars to retain an executive director•'of the purpose of forming a private foundation • I \1 Page 3/EAGAN SPECIAL CITY COUNCIL M gT.INCs,.MINgg.: March 28, 1995 that could raise dollars for acquisition and oiliitition of the Art PziO The City Administrator was directed to explore other alternatives for funding and hirinQ. p executive direcigt fpr those purposes with the understanding that the position would sunset once the found' ..was fully opegftial. OTHEfit;$ AVS$S'� There being no further business,the meeting was adjourned at approximately 10:30 p.m. 1 • TLH Date ....... C • • :• .r ) • • • • • • • • • r • • MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagant.M1nnes ta:;:, • • A special meeting of the Eagan City Cotitu was held on Tijesday, April 18, 1995 at 5:00 p.m.at the Eagan Municipal Center. Present were Mayor Egan and� iktciknamber9' chter,Awada,Masin and Hunter. Also present were City Administrator Tom Hedges, Director of P (G: $'twn Colbert, Director of Parks and Recreation Ken Vraa, Community Development Director Peggy ReicPieit, and Park Operations Supervisor Rich Pelletier. Councilmembers toured the new police facility at 5:00 p.m. • Administrator Hedges noted that the legislative delegation will likely not be able to attend the Council meeting tonight and suggested Councilmembers may w ant;to disc ss.• yerel:fegislative issues during the time allotted for this at the regular Council meeting. Some diseiusakoi....i�{icied::eor ring local government aid, HACA, and the property tax freeze. RECISION OF ISTEA GRANT - NICOjAiROAD TRAILS Parks and Recreation Director Vraa Oxp iiierf tltie IS3fi4 grant that was awarded for the Nicois Road Trail and noted that federal standards for trails are very stringent. He explained what would have to be done to comply with this grant. He indicated that due to the costs associated with administering the grant, staff felt it would be more cost effective to do the improvements using City funds. He painted out that the trail will be different using city funds than it would be using the grant money due to federal grant standards. Steve Gatlin, of MSA Consulting Engineers,.•explained the federal design standards and ISTEA grant administration. He noted that their experience iiiiii:past::has been that the costs for administering federal grants is nearly double the administrative costs of the city doing thi'e:j roJect themselves. • Councilmember Awada noted this is just aother•.. f44i::of federal bureaucracy duNing costs up. Councilmember Hunter noted this is a testimony tg:Kart:Vr a d'his staff for raising this issue to save money. It shows taxpayers that the City of Eagan is con$00.44.f i'its spending, and thanked staff for bringing this to the Council's attention. Parks and Recreation Director Vraa indicated that declining these funds will need to be dealt with delicately so it won't jeopardize future requests for ISTEA grants.' Councilmember Masin suggested writing them a letter outlining the reasons for declining the grant. Some discussion followed: COMMUNk 'li''QE�V CO]?iIM EN 'UFDATE Community Development Director Reichert reviewed a meeting she had with the various owners and managers of the Wescott Apartments. She noted that:4y are ipoking to the city for some type of financial assistance. She stated she doesn't feel the city should be.putting gietney into private projects. Counclimembers concurred. She also reviewed a meeting she had with the business owners in Cedarvale. She noted that they weren't interested in a big sign as proposed. They would,however,like some ground signs. Discussion followed on signage and whether there is a consensus of the business owners on what: :needed to attract people to the area. Community Development Director Reichert noted that Mr:''11emick has withdrawn his application for a Conditional Use Permit. She noted they will be:*1 liig:Ihe ttliFertar%a relating to exterior building materials. She also reviewed some,changes staff is consideringti e:Glarify:4ftiii:ilA It33ti of setbacks for commercial buildings. She reviewed several proposals she is aware of for the Unisys building, noting that companies are looking for incentives • • EAGAN SPECIAL CITY COUNCIL MINUTES;APRIL 18, 1995 PAGE 2 from the city to locate here She indicated sheiiii*AigijiiibffW14:iifpentives,they are duplicating what is already being provided in the private sector. ......... ( ......... .:.:.:.:. • She noted that she has become awara:114at the Carriage.0pA Golf Course will be up for sale in the near future. She requested clarification as to whethei*.Council feels. 44•roperty should be preserved for golf course, as she feels It will be sold for residential developiiik:::::.:S40.4140.:*at the city approached West Publishing to see whether they were interested in purchasing this couiiii.:.:W0iiiiiiiscussion,the Council gave direction to contact West Publishing again to see If they are interested In this, and to explore other options, such as a municipal course. After some discussion regarding the southeast industrial area, the meeting adjourned at 6:25 p.m. ........ Date City Clerk • • • • • • • ........ • Agenda Information Memo May 2, 1995 Eagan City Council Meeting CONSENT T.APENDA There are eighteen (18) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Clerical Tech III/Parks and Recreation Department-- ACTION TO BE CONSIDERED: To approve the hiring of Ruth Ebert and Cheryl Stevenson as the Clerical Tech III's for the Department of Parks and Recreation. FACTS: After interviews, it is the recommendation of Director of Parks and Recreation Vraa that Ruth Ebert and Cheryl Stevenson be hired as Clerical Technicians for the Parks and Recreation Department. Item 2. Clerical Tech III/Central Services Maintenance-- ACTION TO BE CONSIDERED: To approve the hiring of Pam Marengo as a Clerical Tech III for Central Services Maintenance. FACTS: After interviews, it is the recommendation of Superintendent of Streets Erhart and Superintendent of Utilities Schwanz that Pam Marengo be hired as Clerical Tech III for Central Services Maintenance. Item 3. Resignation/Part-Time Clerical Tech III/Fire Department-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Patricia Peterson, a part-time Clerical Tech III at the Fire Department. Agenda Information Memo May 2, 1995 Eagan City Council Meeting FACTS: The City has received a letter of resignation from Patricia Peterson, a part-time Clerical Tech III at the Fire Department. BACKGROUND/ATTACHMENTS: • A letter of resignation - page . a Patricia K. Peterson 1005 157th Street West • Lakeville, Minnesota 55044 (612) 435.6108 April 18, 1995 Dale Nelson, Fire Chief Eagan Fire Department 3795 Pilot Knob Rd. Eagan, MN 55122 Dear Dale: I am writing to notify you of my resignation from the position of Clerical Technician at the Eagan Fire Department, effective May 5. I have accepted a position with Quorum Litigation Services in Bloomington. I have enjoyed working at the Fire Department and appreciate the learning opportunities provided. However, I feel it is time to move on to new challenges. It has been an honor to be associated with this fine volunteer department and its firefighters. Sincerely, GC Patricia K. Peterson cc: Holly Duffy Assistant to the City Administrator Agenda Information Memo May 2, 1995 Eagan City Council Meeting B. PLUMBERS LICENSES ACTION TO BE CONSIDERED: To approve plumber's license for Cedar Plumbing. BACKGROUND: This application is in order for consideration by the Council at this time. 4 Agenda Information Memo May 2, 1995 Eagan City Council Meeting C. WETLAND REPLACEMENT PLAN/EAGANDALE CORPORATE CENTER ACTION TO BE CONSIDERED: To approve the Wetland Replacement Plan for Eagandale Corporate Center subject to conditions identified in the staff report. FACTS: Northwestern Mutual Life has chosen to move forward with an overall wetland replacement plan for Eagandale Corporate Center to permit a comprehensive approach to the wetlands and surface water in Eagandale Corporate Center rather than dealing with the issue incrementally with each subdivision of the area. ATTACHMENTS: • Staff memorandum on pages (P through 7 . • TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: REVISED CONDITIONS FOR APPROVAL OF WETLAND REPLACEMENT PLAN FOR EAGANDALE CORPORATE CENTER; COUNCIL APPROVAL OF WETLAND REPLACEMENT PLAN DATE: APRIL 18, 1995 At its monthly meeting last night, the Advisory Parks, Recreation, and Natural Resources Commission voted to approve the wetlands replacement plan for Eagandale Corporate Center, subject to several conditions contained in an April 17, 1995 memo from me to the Commission regarding this subject. The Commission noted that several modifications needed to be made to those conditions and authorized staff to revise the conditions as appropriate. B low are the revised conditions for the wetland aspect of this development which should be forwarded to the Advisory Planning Commission and City Council: 1. The wetland replacement plan for the development should be approved, subject to the following conditions: a. Trees #756, 758, 761, and 770 in the tree inventory for the site shall be preserved by re-orienting Ponds C2A and C2B to the north and east. b. The proposed .8 acre wetland mitigation area due east of MnDNR protected water #135 shall be re- located to avoid impacts to oak trees. c. The City will reserve the right to modify the wetland replacement plan based on changes in th Wetland Conservation Act made - by the 1995 legislature (which will be known in May 1995) . Modification can be made only to the extent necessary to accommodate elimination of tr - related impacts associated with up to .8 acres of replacement wetland. d. No grading shall be allowed within 30 feet of the delineated wetland edge of Wetland Basins A and E, except for up to a total of 450 lineal feet along the south end of Wetland Basin A (for road construction) and north end of Wetland Basin E (for detention basin construction) . The 30 foot wide area will be managed to support natural vegetation and shall be left unmowed. This area shall be clearly marked on both the grading plan and in the fi ld prior to any grading activity. (01) . e. At least .5 acres of replacement wetland shall be stablished as forested wetland through th planting of tree and shrub species compatible with seasonally saturated soils. The number and types of trees planted shall be based on those shown on the tree inventory which will be removed by filling of Wetland Basin G. f. The pond level 'bounce for Pond DP-l1 (Wetland Basin A) should be 3 feet or less for a 10-year storm event and 2 feet or less for a 2-year storm event. g. The developer shall submit for review by the water resources coordinator detailed plans regarding th grading for wetland replacement and ponding areas, including areas of hydric soil placement and a vegetation planting plan. The plan must be approv d by staff before any grading plan application for the site is submitted to the City. In order to meet the statutory time frames established in the Wetlands Conservation Act, the City Council must take official action on the wetland replacement plan no later than May 12 (i. . 30 days after the close of the public comment period) . Thus, I am requesting that approval of the wetland replacement plan for Eagandale Corporate Center, subject to the above conditions, be placed on the consent agenda for the May 2, 1995 City Council meeting. Please let me know if you have any questions or need more information. Rich Brasch Water Resources Coordinator cc. Peggy Reichert Mike Ridley John Wingard Cherryl Mesko ✓6iane Palmerscheim Beth Kunkel .-/• Agenda Information Memo May 2, 1995 Eagan City Council Meeting D. AWARD BID/MUNICIPAL CENTER REMODELING/ ROOFING & RELATED SHEET METAL/LARSON-BERRY. INC. ACTION TO BE CONSIDERED: To award Bid Division C06: roofing and related sheet metal for the municipal center remodeling to Larson-Berry, Inc. in the amount of$29, 600. FACTS: At the time of the award of bids on March 7 for the municipal center remodeling, the City's construction manager recommended that the roofing and related sheet metal division be rebid as lower costs could be anticipated in this area. Bids were received and opened on April 13. The cost of the bid division was reduced by approximately $7,000 as a consequence. ATTACHMENTS: Construction manager's recommendation and bid tabulation on pages through /c) • AVI April 14, 1995 Consultants and Construction Managers Mr. Tom Hedges City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: City of Eagan City Hall Addition and Renovation Bid Results Dear Tom: The re-bids for Bid Division C06 received on April 13, 1995 for the above referenced project have been tabulated and reviewed. The contract amount will include the base bid and Alternate No. 12. It is the joint award recommendation of E&V, Incorporated and Thorbeck Architects, Ltd. that contracts be issued to the following contractors: Bid Division C06: Roofing and Related Sheetmetal Larson - Berry, Inc. 101 South Pine Street PO Box 98 Wheeler, Wisconsin 54772 Base Bid $29,600.00 Alternate No. 12 $0.00 Total Contract Amount $29,600.00 We will issue letters of intent and contracts upon your approval. Sincerely, E&V, INCORPORATED Michael P. Stowe Senior Project Manager MPS:kkn cc: Dewey Thorbeck 12800 Industrial Park Blvd. • Suite 2 0 • Minneapolis, MN 55441-3900 Phone 612/559-4111 • Fax 612/559-5104 Equal Opportunity Employer W E C - • v O O 0 C Wp 0 40 03 as M N in aN X 0 - p.- X X m_p W EW X X W Mtn 0 AN N na Qz Pei omi o ; jo z p a• a E ir m lc lo p Q C V V Z • O G p oWO g 03 E = m .m vva W p 0 N g ua! gm .L3 hii mot '°� I Agenda Information Memo May 2, 1995 Eagan City Council Meeting E. CHANGE ORDERS/POLICE DEPARTMENT BUILDING PROJECT ACTION TO BE CONSIDERED: To approve change orders for the Police Department-Municipal Center Expansion Project as presented. ATTACHMENTS: / • Staff memorandum on pages 42-through ` MEMO _city ea of an 9 TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: APRIL 26, 1995 SUBJECT: POLICE DEPARTMENT-MUNICIPAL CENTER EXPANSION CHANGE ORDERS Attached are copies of three change orders for the building expansion project. The change represents a net addition to the contract price in the amount of$3,729.81. They are detailed as follows: 1. Harmon Contract Glass - Change Order #4/pco #90 - Replace vandalized glass and relocate security switch as required by Police - $1,379.00. 2. Glewwe Doors -Change Order #4/pco #84 - Metal door required in place of wood - $104.00. 3. Peterson Electric - Change Order #12/pco #89 - Add circuit for temporary copy machine, install transformers for plumbing control valves and modify police register wiring - $1,994.81. These items have been reviewed by the staff and consultants and are in order for consideration by the City Council at this time. "-444A440, — Assist-V o the City Administrator CHANGE ORDER PCO No. 90 PROJECT: City f Eagan CHANGE ORDER NUMBER: 04 Police Facility ' Eagan, Minnesota INITIATION DATE: April 4, 1995 �Fl�r k1.1 ts* TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A t ,I y`-k' 1;1 t Harmon Contract, W.S.A., Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 1620 Broadway Street NE Minneapolis, MN 55413 CONTRACT FOR: Bid Division 16: Aluminum, Glass and Glazing Mark No. 300-160 CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s)stated in FCA No.49,dated April 4, 1995 and as per your proposal dated March 20, 1995: • Replacement glass for main entrance. ADD $398.00 o Provide all work associated with the following item(s) stated in Bulletin No. 36R, dated March 29, 1995, and as per your proposal dated March 30, 1995: • One Von Duprin 6111 US26D Electric Strike to door 147A - Furnish & Install. ADD $665.00 • One Von Duprin 840 Power Supply to door 147A - Furnish & Install. ADD $618.00 • Use a Von Duprin 681 Power Supply instead of Von Duprin 840 Power Supply. DEDUCT ($50.00) TOTAL ADD $1,631.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 151,996.00 Net change by previously authorized Change Orders $ (128.00) The Contract Sum prior to this Change Order $ 151,868.00 The Contract Sum will be increased by this Change Order $ 1,631.00 The new Contract Sum including this Change Order will be $ 153,499.00 The Contract Time will be unchanged by ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By: L• By: DA..-.1�P�1 Date: ///e); Date: 4/i 4/' s— Agreed to by Contractor Authorized by Owner Harmon Contract City of Eagan Minneapolis, MN Eagan, MN By: By: Date/ Date: By: Date: 3 • CHANGE ORDER `Ys PCO No. 84 PROJECT: City of Eagan CHANGE ORDER NUMBER: 04 Police Facility qq - q097s, Eagan, Minnesota INITIATION DATE: March 7, 1995 A / TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Glewwe Doors, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 935 Apollo Road Eagan, MN 55121 CONTRACT FOR: Bid Division 06: Hollow Metal Doors and Frames CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s)stated in Bulletin No.7 and Clarification No.42,dated February 20, 1995 and per your proposal dated February 22, 1995: • Bulletin No. 7 for opening 111 called for a Type G, Material Wood. Clarification 42 stated "Type G is correct. Material to be "HM"." ADD $104.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 19,530.00 Net change by previously authorized Change Orders $ 2,951.00 The Contract Sum prior to this Change Order $ 22,481.00 The Contract Sum will be increased by this Change Order $ 104.00 The new Contract Sum including this Change Order will be $ 22,585.00 The Contract Time will be unchanged by ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By: ) V-)%7 .�. =�t�W� By: �,,._.U)Gam., Date: .� / ; , Date: 4/14-A 1C Agreed to by Contractor Authorized by Owner Glewwe Doors City of Eagan Eagan, MN Eagan, MN By:. . I z By: Date: ,ms's Date: � ` By: Date: 1 .6-' toll?. l '1 11- CHANGE ORDER PCO No. 89 PROJECT: City of Eagan CHANGE ORDER NUMBER: 12 Police Facility Eagan, Minnesota INITIATION DATE: March 30, 1995 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Petersen Electric Unlimited CONSTRUCTION MANAGER'S PROJECT NO: 9423 12903 Pi neer Trail Eden Prarie, MN 55347 CONTRACT FOR: Bid Division 25: Electrical Mark No.: 300-250 CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in FCA No. 38, dated March 03, 1995, and as per your pricing sheet dated February 28, 1995. • Provide power outlet in room 214 for owner to use existing copy machine ADD $506.00 o Provide all work associated with the following item(s) stated in Bulletin 33, Clarifications #44, 45, 46: • These cause no cost changes. ADD $0.00 o Provide all work associated with the following item(s) stated in Bulletin 34, dated March 24, 1995, and as per your proposal dated March 28, 1995: • Provide step down transformer & wiring in chase on entry level. ADD $1288.81 o Provide all work associated with the following item(s) stated in FCA No. 42, dated March 8, 1995, and as per your proposal dated March 23, 1995. • Revision at south walls of room 112 ADD $200.00 TOTAL $1994.81 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature Of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 417,905.00 Net change by previously authorized Change Orders $ 1091.03 The Contract Sum prior to this Change Order $ 418,996.03 The Contract Sum will be increased by this Change Order $ 1994.81 The new Contract Sum including this Change Order will be $ 420,990.84 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager • Aoaroved by Architect E&V, Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By: —) 1 ?Y ( t� By: t1J- Date: .)1: 79.5 Date: 4/14/as Agreed to by Contractor Authorized by Owner Petersen Electric Unlimited City of Eagan Eden Prarie, MN Eagan, MN By: le-70--S•f-e-i-e--4) By: Date /9 s Date: By: Date: Agenda Information Memo May 2, 1995 Eagan City Council Meeting F. ADOPT JOINT POSITION ON AIRCRAFT DEPARTURE PROFILES ACTION TO BE CONSIDERED: To approve joint comments with the Cities of Mendota Heights, Mendota, Inver Grove Heights and Sunfish Lake relative to noise abatement departure procedures. FACTS: Staff has been meeting with representatives of the above-referenced Cities for approximately two months to discuss potential areas of cooperation and coordination regarding airport noise. The Airport Relations Commission has reviewed this concept and endorsed it and a previous informative item was provided to the City Council relative to the issues to be discussed. At its last meeting, the group reached consensus on a common position regarding noise abatement departure profiles which is reflected in the enclosed correspondence. ISSUES: • Whether the City's residents would be better served by departure procedures which make better use of the noise compatible corridor and result in greater altitudes before aircraft turn out of corridor over neighborhoods. ATTACHMENTS: /p • Proposed correspondence on pages 77 through (O May 8, 1995 MARK SALMEN NORTHWEST AIRLINES N7100 5101 NORTHWEST DRIVE EAGAN, MN 55121 RE: DISTANT AND CLOSE IN DEPARTURE PROCEDURES Dear Mr. Salmen: As communities located southeast of the airport which receive well over half of all noise impacts from Minneapolis-St. Paul International Airport, Eagan, Inver Grove Heights, Mendota, Mendota Heights and Sunfish Lake have chosen to cooperate on issues in which we have a common interest. The first of these is the issue of distant and close-in departure procedures, the development and implementation of which are required by FAA Advisory Circular No. 91-53A. We understand that Northwest and the other airlines are in the process of developing these procedures and that they will b brought to the MAC and, presumably, MASAC for implementation at Minneapolis-St. Paul International Airport by runway end. We also understand that, for purposes of this effort, Northwest is considering the current noise abatement departure procedure as the distant procedure and that a new close-in procedure is being developed for each aircraft type. We earnestly request that the current noise abatement departure profile be designated as the close-in procedure and that a new distant procedure be developed for each aircraft type which would better utilize noise-compatible areas near airports such as th river valley and corridor southeast of MSP. The current procedure was developed to spread out noise in areas where homes are close to the runway end. Under this procedur , power reductions are often achieved before the aircraft actually leaves the airport property. Therefore there is less need to have another procedure for the same purpose and a greater need to develop one which will permit aircraft to climb higher over noise compatible areas so that they will be less intrusive when they must ultimately cross into less compatible areas. The cities southeast of the airport have done their best to provid an area of noise compatible land use which is considered to be a benefit to the other communities in the region. This being the case, our residents who live outside the compatible area should not bear a disproportionate level of aircraft noise impact as a consequence of our cities' effective planning. / 1 Too often, the consequ nc s of nois southeast of the airport are viewed horizontally, that which does not affect the sides of the corridor affects the end and vice versa. With the FAA's action, requiring that two standard procedures by developed for each aircraft type for use throughout the country, the airlines have the opportunity to provide a vertical alternative to areas where homes are in fact distant from the runway end. The corridor at MSP is one example. For this reason, the five cities unanimously request that Northwest define the existing noise abatement departure procedure as the close-in procedure and that a distant procedure permitting great r climb before power reduction be developed which will benefit communities such as ours throughout the United States. Sincerely, Tom Egan Charles Mertensotto Jim Toye City of Eagan City of Mendota Heights City of Mendota Joe Atkins Frank Tiffany City of Inver Grove Heights City of Sunfish Lake cc: Robert Johnson, MASAC IF Agenda Information Memo May 2, 1995 Eagan City Council Meeting G. GAMBLING LICENSE RENEWALS/EAGAN HOCKEY ASSOCIATION/ CHEROKEE SIRLOIN ROOM ACTION TO BE CONSIDERED: To approve a renewal of the gambling license for the Eagan Hockey Association at the Cherokee Sirloin Room at 4625 Nicols Road. ATTACHMENTS: • A resolution on page ai). • Application form - enclosed without page number. RESOLUTION CITY OF EAGAN PREMISE PERMIT RENEWAL FOR EAGAN HOCKEY ASSOCIATION, INC. ON CHEROKEE SIRLOIN ROOM PREMISES WHEREAS,the Eagan Hockey Association,Inc.has applied for a premise permit renewal for a pull tab operation at Cherokee Sirloin Room, 4625 Nicols Road; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing permise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Hockey Association application for a premise permit renewal at Cherokee Sirloin Room, 4625 Nicols Road. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of May, 1995. E. J. VanOverbeke, City Clerk C9.° Agenda Information Memo May 2, 1995 Eagan City Council Meeting H. ANNUAL CITY AUCTION/JUNE 3, 1995/CENTRAL MAINTENANCE FACILITY ACTION TO BE CONSIDERED: To declare unclaimed property and miscellaneous City property to be surplus and to set the annual City auction for Saturday, June 3, 1995. FACTS: • An itemized list of unclaimed and surplus property will be distributed to the Council the week of May 22. All such property is to be sold to the highest bidder at a public auction. This year the auction will be held on Saturday, June 3, at 10:00 a.m. at the City's Maintenance Facility at 3501 Coachman Point. • (:)2( Agenda Information Memo May 2, 1995 I. VACATION OF PUBLIC DRAINAGE& UTILITY EASEMENT RECEIVE PETITION/ORDER PUBLIC HEARING (VILLAS OF VIOLET LANE) ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition and schedule a public hearing to consider the vacation of public drainage and utility easements as described within the Villas of Violet Lane Addition. FACTS: • The Villas of Violet Lane Addition received final plat approval on 8-16-94. • The lot width dimension in conjunction with the pre-existing sanitary sewer utility easement is insufficient to accommodate the proposed structure. • The developer will process a replat shifting the lot lines to provide adequate building areas. This replat is expected to be processed within the next 30-60 days. • With the final plat approval on 8-16-94, 10'drainage and utility easements were dedicated over the interior common lot lines. With the replat shifting these lot lines, the easements will have to be vacated, but will be rededicated over the new lot lines. ISSUES: • Although none are anticipated, the public hearing process will identify any potential problems associated with the requested vacation of the existing drainage and utility easements. ATTACHMENTS: • Location map. • Graphic and legal description of the easement to be vacated. , a � J 1 e sw ' -" " 7 -4t* . ■ �' fi lli 1 + 1) ma 41, 0j .. ;. �- P it . ``. �, • •m 1 Arta . /• �'f W D OLOM I �'r \'�, _ ri� \ `i f AMK • • ���• ?NI ` M _ ..• r _(J p •T. p ay r 1 7 rW !.emu R. u W PARK OGAIM/ C 1.ION.►A `. •.I011!ST 1110K . � tI II.I IO PON UL ' j� WV! t.M1uC!n. §N. 1 -:.• .t.. v , 0000LC-1 /�I VIwL A� rn1 t� /` tcMn1[ lrr[n L . _or . _ ,�/ 'AGLITYNw 0 - , ' dp NW �. OVARY PARR' ' CITY - J� : r".1 .1 ICY MI�' s ITT 0 ' + --__.LICI .s V I r 1/40 ,.06 w a\ f.ti._113 LA . .6 •' 6 : �F !~ N 1 \,, � � . 4. ` ta v- - oifRp �� I N�! I; iviL ortig u 5. '"!LI". ...:1 °al 40e°4- Oil MLIIIICIPAL g rialM14. 2 1 v1 .••• • V• i .V[,• / * rN. - _ nom. '! a ~ i • • VACATION REQUEST SITE city of eagan EASEMENT VACATION approved: girtigar d ; 1 . PUBLIC REQUEST Q •u � ' WORKS LOTS 11.12,13 & 14 BLACK 1 i ati� n _ DEPARTME VILLAS OF VIOLET LANE • a) . . __ . Z 2 • 0 tri ; . 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N.,p I r`.":.::;:;•::::.:Wif::?:..1:1:;:::::*iiAcci::.:*-.::::.::. :::::::P.:;:'!:::::;::::::::::::-.4F,.i. ......• - -a- 1-........... •i. 911'011 3..10.ES.00 5 / / ..........• - "- 91 '33S JO 1./1 314 I 3HL JO '3 3111 JO Nil 1630 141 :: I gc e . i ii 0 rE • E El 11 ii I w, w L. W 10 m ..; ... • ...■an l/1". = r .... • I ... ow. ..I, 040.CC Agenda Information Memo May 2, 1995 Eagan City Council Meeting J. APPOINT REPRESENTATIVE TO GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION ACTION TO BE CONSIDERED: To appoint Mike Foertsch as the City's representative to the Gun Club Lake WMO. FACTS: It is necessary to fill the City's position on the Gun Club Lake WMO previously occupied by John VonDeLinde. Assistant City Engineer Mike Foertsch is being recommended by the Parks & Recreation Director and Public Works Director due to his engineering and storm water management background. In addition, Mike will be participating in the five-year update of the City's water quality management plan to facilitate the coordination between the plan and the WMO. Agenda Information Memo May 2, 1995 K. PROJ 665, RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (BLACKHAWK RD- ST REHABILITATION) ACTION TO BE CONSIDERED ON THIS ITEM: Receive the final assessment roll for Project 665 (Blackhawk Road - Street Rehabilitation) and order a public hearing for June 6, 1995. FACTS: • The rehabilitation and reconstruction of Blackhawk Road from Deerwood Drive to TH 13-has been completed, final costs tabulated and the final assessment roll prepared. • Property appraisals have been performed identifying the maximum benefit associated with this improvement. A neighborhood meeting will be held on May 9, 1995, at 6:30 p.m., at the Eagan Maintenance Facility Lunchroom, to present the final assessment costs to all affected property owners. • A public hearing is necessary for the City Council to formally adopt the final assessable costs in order for them to be certified to Dakota County for collection with the property taxes. Agenda Information Memo May 2, 1995 L. AUTHORIZE ACQUISITION OF RIGHT-OF-WAY (CENTRAL AREA TRANSPORTATION IMPROVEMENTS) ACTION TO BE CONSIDERED: Authorize the acquisition of Parcel#10-01000-030-75 as public right-of-way for the future Central Area Transportation Roadway Improvements through negotiations or condemnation, if necessary. FACTS: • On November 2, 1993,the City Council authorized the preparation of the Yankee Doodle Road corridor study and related Central Area Transportation needs. The results of that study indicate the need for an east-west community collector road from Pilot Knob Road to Lexington Avenue on the north side of Yankee Doodle Road to serve as a ring road reliever to the Yankee Doodle/Pilot Knob/35E intersections. • The results of this transportation study indicate the only feasible location for this east-west collector roadway to intersect with Lexington Avenue (County Road 43) is at the location of Parcel#030-75. • Parcel #030-75 is presently undeveloped and situated between two residentially developed unplatted parcels. • Recently, City staff has been contacted by the current property owner,Mr. Tom Walborn, who has indicated a desire to use or improve this undeveloped lot. • In order to minimize the acquisition costs of land necessary for right-of-way for these transportation improvements, it is economically beneficial for the City to authorize the early acquisition of this undeveloped parcel prior to any improvements. • At the May 2 Council meeting, the City Council will be considering an amendment to the transportation element of the Comprehensive Land Use Guide Plan which addresses the need for this east-west collector as a part of the Central Area Transportation related improvements. ISSUES: • Although Project 669 (Central Area Transportation Improvements) has not been approved as a result of a public hearing process, it is inevitable that a collector road connection to Lexington Avenue will have to be provided at this location sometime in the future. ATTACHMENTS: • See attached site plan. • Concept roadway alignment. P,a. a 7 17 N , I f I 1 II I 11)'\-k.. a �� . 1 z 1 1 vl 12) I �J\•� � 61- U p L.,Pr t4 A5 q 4<< I N Fr s E er.4 v Ac- Pc"rFQ � I . )\-• I_ /r l t foe.14).,- I J ,111 IJ lip\9y L ~ `'..., I � \4 L r (0013) (' ' .�1- y I `l 0, 5 )) II �I WE �� I II 857.7 "'`mom )� / 030-75 tk.-2,I-, 1 ) „� I r ) �� a' )• \ J I PA J �-/ - CVl2L) -- )-'- RW 1� I 1g I 1� 1 L 1 / RW�c +J-\, wF .-ee--\\ \c I , (fi 18 i, 1 ;gil1 I N I )) 1 1 I � / (.. r ,I 1 \ 060-7,-W 1 11 A ----....................-"/ 1 WE ; 1--)d-r2(---\ ( , , ).. , :! i ,. . 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FINAL SUBDIVISION - SKYLINE HEIGHTS ADDITION ACTION TO BE CONSIDERED: To approve the Final Subdivision, Skyline Heights Addition, Skyline Path just north of Lone Oak. FACTS: • Final plans, development contract, and security agreements have been reviewed and are in order. BACKGROUND/ATTACHMENTS: (1) Plat Map, Page 33 . • ,N 11 F l FI i ! all'.ji � 'Is! I i N st ►_ ; .1 .. I f 3 11;11.4 jjl Ee j t l I F • : Ili i Ij �I 11 . Ys l 13 til=3s �s i a ° t Ili ill 1! 3 p u� r { ft s 1 s } ,}'11;2 .t t ! 1 I 1 '3 sib r _ 'k !••tip t+ i• . f ?! 37 1 i # i .12 ' -F r 1�3?i� b j i i i jis' + 1 11; =s PI } s issitii I 13 I j� x o � i 3io I: i I _#t.s3 _ I J wW i. ',: ,}, is s it 23:1:3- .j • , - sj = au.. ll = .,i• II. i'? �' ?; 'i ! :"s iitc: 1 i a 1 a e-sj r13 _' - }_ } ; r iss_iai 1 r 1 ! 'DSs Ill 2I; _! 1 y 1 i .41,74:11 _ 2 d i , , _ 2 : lit/ t j j Ia _ < � h P . I 1 12 I t P. t 4C, x E ; . 1. s s . W ti = 1 ' t 'r ; t., - f 1 - I .:.13 I LW I• tr ■ =0 7 14 c , ; ) c 2 M� ��O M ; 11 ZS. li I I I • o r� 3 s,i, I __L,_ JL')i�rl_� � 4U 1. r�rnrY1M Or•••1 r l \ ; 1 T_ \ / ■1Hl'i r r r ��a r 1 .f I__r j i / ` �r'` r� \ rVrrY .'�J.�..r i..rJ I �� 1 . 11 LLLL l w ai S r. i"" s I Y. •w 1. a.•!.. ,.1 r 3 a :: / ;i;- ---- . \ \ Ui! 1 •• •• • / ., <C 1 ■ t.1 4 • •%is-- 1 'DO 19 � t i l!: o.,Y - \ t ! J0- di Lt---alp---14 ___•i CiT._ .-y ( E 1 • ■.1.00.11 L i 1 — 1 •11 i..w•r• »r. ; 41 1111 CC I tit I-- =-3 1 i - -7 1 111I r U-1 -.::„_ . C: 1..]!%/) . Agenda Information Memo May 2, 1995 Eagan City Council Meeting 0. FINAL APPROVAL OF COMPREHENSIVE PLAN AMENDMENT & REZONING - NORI HART ACTION TO BE CONSIDERED: To approve the Comprehensive Guide Plan Amendment designation from LB (Limited Business) to D-1 (Single Family Residential) and a Rezoning from LB (Limited Business) to R-1 (Single Family) for Lot 1, Block 1, Liebe! Addition. FACTS: • The City Council considered this item at its meeting of April 18, 1995. • Metropolitan Council review of the Comprehensive Plan was needed before the City Council action could proceed on the rezoning. • The Metropolitan Council has reviewed the Comprehensive Plan Amendment and rezoning can now proceed. BACKGROUND/ATTACHMENTS: (2) Letter from Metropolitan Council - page Staff report - pages 34, through Metropolitan Council Working for the Region, Planning for the Future m APR 2 7 1995 April 25, 1995 I ------------ '::.J Ms. Shannon Tyree City of Eagan Municipal Center 3830 Pilot Knob Road Eagan MN 55122 RE: City of Eagan Land Use Designation Change From Limited Business to Single Family-.84 Acres Metropolitan Council District 15 Metropolitan Council Referral File No. 16142-2 Dear Ms. Tyree: The Metropolitan Council staff has reviewed the city of Eagan's plan amendment received by the Council on April 21, 1995. The amendment proposes to change the land use designation on .84 acres from limited business to single family. We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. . Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. This concludes the Council's review. Sincerely, ie- Chuck Ballentine Director CB:ret • : , . . . cc: •Kevin Howe, Metropolitan Council District 15 • •.• Lynda Voge, Metropolitan Council Staff , • • .• • .• .. • . . . . •••• • Richard Thompson, Metropolitan Council Staff . - • • --.3S 230 East Fifth Street St.Paul,Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 ?DD/TIY 291-0904 Metro info Line 229-3780 An&+d OPPonuntill ElnigoVer • PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 1995 CASE: 20-CG-8-11-94 20-RZ-24-11-94 APPLICANT: Nori Hart HEARING DATE: March 28, 1995 PROPERTY OWNER Roger Grommesch PREPARED BY: Shannon Tyree REQUEST: Comprehensive Guide Plan & Rezoning LOCATION: Lot 1, Block 1, Leibel Addition - 3850 Beau D'Rue Drive. COMPREHENSIVE PLAN: LB - Limited Business ZONING: LB - Limited Business SUMMARY OF REQUEST Nori and Daryl Hart are requesting a Comprehensive Guide Plan Amendment to change the Land Use Guide Plan designation from LB - Limited Business to D-1, Single Family Residential (0-3 units/acre) and a Rezoning from LB - Limited Business to R-1 Single Family for Lot 1, Block 1, Leibel Addition. AUTHORITY FOR REVIEW Rezoning: Chapter 11.40. Subd.5.E.: "The Council shall not rezone any land or area in any zoning district or make any other proposed amendment without first having referred it to the Planning Commission for its consideration and recommendation." BACKGROUND/HISTORY In 1980, Gordon and Doris Leibel rezoned the approximately half acre site from Agricultural to Limited Business and platted it into one lot. Prior to this action the property was used as a duplex and before that a school. In fact, it was District 104's "Old Blackdog School" and was used as a school from 1905 thru the '50's. (see exhibits). EXISTING CONDITIONS: As it exists now, the building is used as a motorcycle shop in the garage; a general office, an office for the practice of holistic medicine, and a CPA 's office on the top level. The CPA has officed in that location for the last 11 years. Located along the perimeter of the site are many large trees. The building is located in the south central portion of the site and access is from Beau D' Rue Drive. 3 c0 Nori Hart - Comp Guide Plan Amendment - Rezoning March 28, 1995 Page 2 SURROUNDING USES: The following existing uses,zoning,and comprehensive guide plan designations surround the subject property: North - Beau D'Rue Drive, Langhoven Addition, and unplatted property; zoned R-1 and CSC; guided D-III and CSC. South - Woodhaven Park; zoned P; guided P. East - Woodhaven Park and Marrell Addition;zoned P and R-2;guided P and D-III. West - Cedarvale Lanes; zoned CSC; guided CSC. COMPATIBILITY WITH SURROUNDING AREA: The structure does not appear to look like an office or other type of commercial building. It looks residential in character, and still retains many of the early schoolhouse characteristics. Its rear yard abuts Woodhaven Park pond. EVALUATION OF REOUEST: Introduction. The Hart's are proposing the requested comprehensive guide plan amendment and rezoning to single family so they can reside in the building with their eight children. The house is big enough to accommodate their needs. Comprehensive Guide Plan:The proposed change to the Comprehensive Guide Plan from Limited Business to low density residential will be compatible with the surrounding area. Rezoning: The proposed rezoning is consistent with the majority of the surrounding land uses. The area has single family residences as well as duplexes located within close proximity. Prior to its rezoning to office uses it was used as a school, and residential before that. The existing structure looks residential in character and not like a typical office builidng. Grading/ Wetlands -The applicant does not propose to do any grading with this change in use. Storm Drainage/Water Quality - The site is adjacent to Pond AP-1, which is a scenic recreation classified waterbody. • Sanitary Sewer& Wjtermain-The existing building is connected to City sanitary sewer and watermain. SUMMARY/CONCLUSION: The proposed Comprehensive Guide Plan and Rezoning from Limited Business to low density residential appear to be non-impacting on the existing neighborhood and more consistent with the general neighborhood. 3 • Nori Hart - Comp Guide Plan Amendment - Rezoning March 28, 1995 Page 3 ACTIONS TO BE CONSIDERED: To recommend approval/denial of the requested Comprehensive Guide Plan Amendment changing the Land Use Designation from LB- Limited Business to D-1 Single Family Residential (0-3 units/acre)for Lot 1,Block 1 Leibel Addition. 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PLAN AMENDMENT • • _ • i� • �y�r ram• 411 ^, •!, V�'rr.7 co.,;,,�,,,• • ,�� .1..r.. /� 111 ,r 8 / 4AAS. c[Z,-,11:1 II " Alr* 4 c ' AB • V HO . •-■• • :.../3 • a . ', ' _..i% /II' ••-• if ! -_-_---:-. k. • .- :; ♦ �:. r+ • Q¢. RIDGE I i fotIr '/ V./j I .,. 1 • / M 1 uo • °�' .N1a1$1 IAL "A' / ,y. ;,..i....;,!:,i: ./ irli, .. .... •- ■• •,. . '...i.;1.'7. ••••' .--''. ,k . • e. 41:12 - • : t ' (rg•p , . • • I.' • •'. .:-.'! '. . 4■ ._,,k" \ , '..-i.r. i:,-:1,-- .i. . ! i 7,;..,. . . . - it .....• `� ADDITION {tio.ci,v;r- r..�" ,•7 •, •� -3 1 _�rt ~ '//is,� ' I R • I I, ' ,!! ... ( I� 'fir. - L.I 14Aik‘A11044. iL ';'-• N 1 los",' T-409,, Ii•' r1.11.,r,' rI r1IL �;i` �. �" • ,\\\ Imp , ; ' ;�,. � R(..-.2„... ',hip '`r. ) ,� II I ')0,1' 1I ,ill 1 \ I 1 a ��D1 < <-'. ?',bh p°' �r-5.i.II I auCKwr„% ^ �;;� ,\� �. ;.I• , 1/_ ) , !AN. .I 1 ,. j (•S, ^� rAaK PK \ � •2 TIMID - 4 a �� ,- PK ...:.144• .•^`h 7. A•!!!!I f■ in z./ 'l ' r ~ 11111'A ,'- • •,---1;../. -, I (.;\!'*`,'•!�1-, .. . 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Z£'OZ fib68I HJMOS • — 1 l -1 o • 9 n ti p _ II. 1 • / o� OQ 0/ / 1 111'19 1 135 1 • ON 3At'4;' 1. . r• j N Q i„ MVn33'e 1nl1l1•'fir, Vll, A 1M'11 51.1:• j.�1 ,. 102 C/ )• I WW Cli• W 2 1O.1/ • r 01 �./� M O /� W W•1' J Z N ny {N Y• t,,/ •7 .1 V•10a • ,(� YW t'� Fr° co C 0/ e W ; I N •� t� QI II� • u11 2A i I Pt•1 • r d Y u I W I N • 1" •••• 90e):-., I O tD'1 i n,• •' NI I lc,:1 1 • V ,,, 1 rlI r 523 qry OIL ti R�9 i / . 6C%n7 IllNf5 .'r'•'•'i'—7T:577 I / 00 099 Minns •{1) ./p. • • I • I I I�.r In ^ s / , ' l �Qi � LLL d i. o O I I Xs QtA ' W I a I 4.0 / I`d , „ • 'mo. 4 Z MM ; � .1 1a \ d''0 * ,a tl "v \ v �' JQ'1• O 6�•' W N ' V •1 i 1 OS 2C V W •' . IT I I- ` • ''J� I /3.45,0 IJ ' 0 r W I 1 o • I J oo N ' 'eV </ w • ate? • . 0 / of -5./ . n ' `J,7 4,„ ` / (�. (N</, e•N •44. r \ i \ b° ; `rI '...• r V\ N. • Agenda Information Memo May 2, 1995 Eagan City Council Meeting P. WAIVER OF PLAT - DUPLEX LOT SPLIT - STEPHEN PEMBERTON ACTION TO BE CONSIDERED: 1. To approve a Waiver of Plat for a duplex lot split of Lot 4, Block 1, Ballantrae Addition located on Gold Trail. FACTS: • The duplex has been constructed and they now seek to divide the lot. BACKGROUND/ATTACHMENTS: (1) • Staff report, page qL SUBJECT: WAIVER OF SUBDIVISION/DUPLEX LOT SPLIT APPLICANT: STEPHEN PEMBERTON . LOCATION: LOT 4, BLOCK 1, BALLANTRAE FIRST ADDITION EXISTING ZONING: R2 (RESIDENTIAL DOUBLE) • DATE OF PUBLIC HEARING: MAY 2, 1995 DATE OF REPORT: APRIL 18, 1995 COMPILED BY: COMMUNITY DEVELOPMENT . DEPARTMENT APPLICATION SUMMARY: The applicant is requesting a waiver of plat to allow a duplex lot split for Lot 4, Block 1, Ballantrae First Addition. • COMMENTS: Currently, each unit has a separate sewer and water service which connects to an individual sanitary sewer and water service within the right of way just behind the curb. In 1976, each unit was issued a separate sewer and water service at the time of construction of the duplex. The existing duplex meets all lot size and setback requirements. After review of the application by the City Engineering Staff, it is recommended that waiver of plat for a duplex lot split.be granted. ACTION: To approve or deny a duplex lot split for Lot 4, Block 1, Ballantrae First Addition 1 � r I t. "\----ta- 1 1 1 1 pr,,,,,,, is lete , ! C •nr_Ll • . _ _ SILVER !ell R U "' . I cf .:1:4)! 1 441 WAY11 ' Ilk .4' 15 r u � 1 woV 4 n n (PVC. 4" �� V J11! ' s,` RP' 4 .‘",0144ParMI a 1� `. Arn.nr a ��•''. ' �,` a' L R � v1.111 .... �'�1 RJ' 1AC0. �� ' ARNr.0 n � PAR LI\ C I - • • APR 07 '95 08:33 TO 612 4319805 FROM PROBE ENGINEER 1NG T-013 P.02 MI5 ! VF,S"TNIENTS i. • CONSULTING !NO Hifllf } ROME rLRNNens MIND s;ullvllrons Al 0675/.O/ ENGINEERING '''. . OK. 227 COMPANY, INC.. .'rt,., P6, 29 _ _ 1000 CAST 14S01 STRUT, PURNBVILLL• MINNLSOTA 11111157 P11 4111•)000 " . CERTIFICATE OF SURVEY LEGAL DESCRIPTIONS: PAM= A . • • That pert of Lot 4, Block 1, Ballantrae 1st Addlt ion, Dakota tlatnty, Minnesota "wording to the • recorded plat thereof lying northwesterly of a line drawn from a point on the westerly line of said lot distant 90.65 feat southeasterly of the northwest corner of said lot to a point on the . east line of said lot distant 13.54 feet south of the northeast corner of•said lot. PAWEL B . That part of Lot 4, Block 1, Ballantrae let Addition, Dakota County, Minnesota according to the • $CALF t t'•BO' recorded plet t srsot lying 'ha ctarly of a line drawn tram a point on the westerly Line of Lint distant 90.65 feet southeasterly of the northwest corner of said lot to a point on Vie east line of said lot distant 13.54 feet south of the northeast corner IA said lot. ADDRESSES 1973 GOLD TRAIL • 1975 GOLD TRAIL • • p,p0 N 69'39'34"E' , 3 a "ezE'� 167,80 Nc rIC ' PARCEL A .. 7590 90.FT. k . I %w � s .. i..` \�FFF • I O ` z� i 4-1 .. s �, I; -.',! 1.: O0 ea ........ O L ' 1kl. '1,'-- '.') 1. c t Q '' s ir,,"�wa'�` •�� PARCEL B `- -A t, t., '� 23 9902 60.FT. 1t"' 7 fp 1 7 N. A o .4t.;11 99,79 -‘,1$ 411%11 5 69'P9.84"iv o COLD _ TRAIL i h reby certify a this is a true and correct representation of a tract of land as shown and • scribed hereon. As prepared by me this 67R day f Agenda Information Memo May 2, 1995 Eagan City Council Meeting O. APPROVE PURCHASE AND ACCEPT BID/ FIRE SAFETY EDUCATION TRAILER ACTION TO BE CONSIDERED: To accept bids and approve the purchase of a fire safety education trailer from Duncan & Associates, Inc. ATTACHMENTS: • Staff memorandum on page 42 • Duncan & Associates bid document on page 7. 5• I I I}II'hif;:,, l'iC1,I4 i 111�, X11�;I1 � � '�h�+illr�" ti ;4',„N MEMO _city of eagan DATE: April 26, 1995 TO: City Administrator Tom Hedges FROM: Fire Chief Dale Nelson SUBJECT: FIRE SAFETY TRAILER BID FOR CITY COUNCIL APPROVAL As you recall, the Fire Department has been very busy over the past five years, planning and designing the future of our fire safety education program. The success of our future plans relies heavily upon being able to purchase our Fire Safety Education Trailer. Now, after almost five years of raising funds through private parties, civic groups and organizations such as the Eagan Rotary Club, the Rotary Club, the Eagan Fire Department Auxiliary and even a $5,000 donation from our very firefighters' Relief Association, we have the revenue commitments necessary to make the purchase. Attached you will find a copy of the bid from Duncan and Associates, Inc., the only bid submitted for this trailer. The total dollar amount needed for this purchase is $30,622. The Eagan Lions Club made the final commitment of $13,000, which will be made in two payments: $7,500 in April, 1995 and the final $5,500 donation in August, 1995, in time to take delivery of the unit. I am now asking the Council to approve this purchase. At the same time, we wish to thank all who met the challenge of our community's fire safety education needs through raising funds by way of donations, leaving our equipment budget intact. If you have questions, please feel free to contact me. DN/tp MFPTraIr,Bid • Proposal Pape No. 1 of hges P.O.Box 1232 Duncan Lancaster,PA 17603 Associates Inc. Phone:(717)299-6940 Fax:(717)299-9844 O O PROPOSAL SUBMITTED TO PHONE I DATE City of Eagan Fire Department 612-681-4770 April 18, 1995 STREET JOS NAME 3795 Pilot Knob Road Chris Grubb CITY,STATE and ZIP CODE JOE LOCATION Eagan MN 55122 City of Eagan ARCHITECT DATE OF PLANE ,IOS PHONE Gene I FAX 612-681-4777 /it Propose hereby to furnish material and labor—complete In accordance with specifications below,for the sum of: Thirty thousand, six-hundred, twenty-two dollars, no cents. 30,622.00 dollars(S 1• P'y"'"t ti "'erdMll;dw.($10,207.33) with balance due upon delivery of $20,414.67. All materiel Is gus anlesd to be es apestited.AN work to be completed In a workmanlike manner according to standard practical.Any alteration or deviation hone.peclltcutlons be- Authorized Tom., &�� low Involving extra costs will be executed only upon written orders,and will become an SlgnaWM —/ a , extra charge over and above the estimate All memento contingent upon strikes,encl. Note:This proposal may be 30 dents or delays beyond our control.Owner to carry Me,tornado and other necessary Insurance Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days We hereby submit specifications and estimates for: Proposal for Fire Safety House Ref. No. Description Price 2000-S 832 Standard Fire Safety House $25,200.00 Includes: Heated door, fog machine, escape ladder, extended A-frame, bal stabilizer jacks, 911 telephone system, horn and strobe, fire extinguisher, and fire place. 2042-0 Valances and curtains installed. $420.00 3000-0 Microwave oven, functional . $250.00 2076-0 Heat and AC ducted to all rooms, 220 V. $1,932.00 2078-0 Increased electrical service for 220 V. $105.00 2079-0 AGO AMP plug for heat and AC service. $140.00 3001-0 3-ring binder manuals. ' $50.00 3002-0 Protective loom or grommets. $25.00 3001-0 Steel and lumber up-charge. $1,000.00 4000-0 Delivery to Eagan Minnesota. $1,500.00 TOTAL $30,622.00 Colors: Siding: Fascia: Shutters: Doors: Shingles: - OPTIONS 2017-0 Tire and wheel assembly (spare). $121.00 2019-0 Surge brakes instead of electric. $622.00 2044-0 Valances, curtains, and mini blinds. $700.00 2070-0 Exterior lights above 2 doors. $105.00 2073-0 Exterior duplex receptacle in front of living room window. $70.00 2074-0 2-redi lights with glow switches. $84.00 2076-0 Heat and AC ducted to all rooms. $1,932.00 2077-0 AC only, wall mounted 8,000 BTU (no ducts) . $1,526.00 2080-DOS 2-painted pine window boxes. $140.00 2094-DO 6000E KW generator for 220 V service. $2,520.00 2045-0 Vinyl cover for generator. $252.00 *Delivery approximately 12 to 14 weeks after placement or order. )raphintt of f ruposal-The above prices,specifications and conditions are safisfeclory and are hereby accepted You are authorized Signature to do the work as specified.Payment will be made as outlined above. Data of Acceptance: Signature L l Agenda Information Memo May 2, 1995 Eagan City Council Meeting R. SIGN ORDINANCE INTERPRETATION, CONCUR WITH STAFF DIRECTION ACTION TO BE CONSIDERED: 1. Direct staff to issue permits for Blockbuster Video. 2. Direct staffto work with the Advisory Planning Commission on appropriate revisions to the sign code to clarify the intent of the building signage provisions. FACTS: 1. On March 7, 1995, the City Council denied a variance request for building signage for Blockbuster Video on the west side of the Eagan Convenience Center facing Krestwood Lane. 2. City Code states, "No more than one business sign for each major street frontage shall be permitted on a building for each business located within such building." "Major street" is not defined in the City Code. 3. "Major street" has been interpreted differently in various situations in the Town Centre area, resulting in inconsistencies in application of the ordinance. ISSUES: 1. Because "major street" has been interpreted as simply a public street in several instances, it would seem to be fair to permit the Blockbuster sign facing Krestwood Lane. 2. We need to clarify the intent and the wording of the ordinance. This should be discussed with the Advisory Planning Commission and given some analysis before the code is clarified. BACKGROUND/ATTACHMENTS: Staff memorandum on page(s)5( —C( 50 - MEMO _city of eagan TO: Mayor Egan and City Council Members • FROM: Peggy Reichert, Community Development Director DATE: April 21, 1995 SUBJECT: Building Signage - Proposed Blockbuster Video BACKGROUND On March 7, 1995, the City Council denied a request for building signage on the west elevation of the Eagan Convenience Center located at the intersection of Duckwood Drive and Krestwood Lane for Blockbuster Video. INTRODUCTION On Friday March 31, staff met with representatives of Mid-America Entertainment Company (Blockbuster Video). A number of issues pertaining to the signage for their proposed store location in the Eagan Convenience Center were discussed. The key issue raised by Mid-America's attorney had to do with the portion of the Sign Code that states "No more than one Business Sign for each major street frontage shall be permitted on a building for each business located within such building." The problem with this statement is that "major street" is not defined in the City Code. Subsequent to this meeting, Mid-America's attorney has written a letter (attached) that summarizes their review of existing signage in the Town Center area and of City actions regarding business signage also in the Town Center area within the past several years. ANALYSIS Staff has confirmed Mid-America's findings. The application of the Building Signage portion of the Sign Code has been inconsistent. There are number of instances around the Town Center and other Commercial districts where the City has allowed signage on more than one side of a building. The prevailing interpretation of "major street frontage" has allowed building signage on sides with frontage on any freeway, highway, county �� t road (irrespective of access), or City street provided the site takes access from that City street. This interpretation was not used in regard to the proposed Blockbuster Video at Eagan Convenience Center; therefore, a variance was requested by Mid-America. Mid-America believes that a variance is not necessary for building signage on the west elevation of the Eagan Convenience Center because the site has one access each from Duckwood Drive and Krestwood Lane. The Blockbuster request raises a broader issue on determining allowable commercial building signage city-wide. It may be appropriate for the City Council to direct staff to prepare a revision or amendment to this portion of the Sign Code and bring the item to the Advisory Planning Commission for review and recommendation. CONCLUSION Staff concludes that the application of building signage criteria throughout the City has been inconsistent in some cases. Blockbuster is a proposed anchor tenant of a strip mail located on a corner lot that takes access from both Duckwood Drive and Krestwood Lane. Blockbuster should be allowed building signage on the north and west building elevation. ACTION TO BE CONSIDERED 1. Direct staff to issue sign permits for Blockbuster Video. 2. Direct staff to work with the Advisory Planning Commission on appropriate revisions to the Sign Code to clarify the intent of the building signage provisions. JAMES P.LARKIN LARKIN, HOFFMAN, DALY& LIND REN, LTD. TIMOTHY J.MGMANUS ROBERT L.HOFFMAN TIMOTHY J.KEANE JACK F.DALY ATTORNEYS AT LAW ALAN M ANDERSON D.KENNETH UNDGREN DONNA L.ROBACK GERALD M.FRIEDEU. MICHAEL W.SCHLEY ALLAN E.MUWGAN TERRENCE E.BISHOP JAMES C.ERICKSON USA A.GRAY EDWARD J.DRISCOLL 1500 NORWEST FINANCIAL CENTER GARY A.RENNEKE GENE N FULLER CHRISTOPHER J HARMSTHAL JOHN D.FULLMER 7900 XERXES AVENUE SOUTH MICHAEL A.ROBERTSON ROBERT E.'FOYLE BRUCE J.DOUGLAS FRANK I.HARVEY BLOOMINGTON, MINNESOTA 66431-1184 WIWAM C.GRIFFITH.JR. CHARLES S.MODELL JOHN J.ETEFFENHAGEN CHRISTOPHER J.DIETZEN, TELEPHONE 1612)836-3800 DANIEL W.VOSS JOHN HR..FISHER FAX(812)8863333 MIR.•.HILL WDA N.FIRMER THOMAS P.STOLTMAN MICHAEL J.SMITH MICHAEL C.JACKMAN VILLA R.NOE JOHN E.DIEHL DWIGHT N.MOLMBO JON S.SWIERZEWSKI ANDREW F.PERRIN THOMAS..FLYNN ANN M.MEYER JAMES P.QUINN FREDERICK K.HAUSER III TODD I.FREEMAN - - i TV�� n _ LARRY D.MARTIN PETER K.BECK . f Ib I'tl IFS, I JANE E.SREMER GERALD L.BECK �= ° ; r 1• '•" 1 1 t RENEE L.JACKSON JOHN S.LUNDOUIST 1 CHRISTOPHER K.LAWS DAYLE NOLAN• I I MARCY R.KREIEMAN JOHN A.B.COTTER. REY,JR. ` APR 0 7 1995 „N J CHRMIM JOHN A.COTTER• DAMON E.6CNRAMM BEATRICE A.ROTNWEILER t PAUL I.PLUNKETT I RACHAEL A.JAROSH ALAN L.KILDOW ������4_`------- AMEUA A.BUMARN KATHLEEN M.NEWMAN THOMAS F.ALEXANDER MICHAEL I.LEBARON f DANIEL T.KADLEC GREGORY E.KORSTAD SMAFNA A.WAHLGREN GARY A.VAN CLEVE• DANIEL L.BOWLES OF COUNSEL WENDELL R.ANDERSON JOSEPH GITIS JEROME H.KAHNKE MARK A.RURIK •ALSO ADMITTED N WISCONSIN April 7, 1995 Mike Ridley Project Planner Filed Via Messenger City of Eagan - Maintenance Facility 3501 Coachman Point Eagan, Minnesota 55122 RE: Sign Permit Applications for Mid-America Entertainment Co. d/b/a Blockbuster Video, Lot 1, Block 1 Eagan Convenience Center (the "Property") ; Our File No. 19,389-04 Dear Mike: This letter follows our meeting of .March 31, 1995, at which we discussed the above-referenced applications. We have enclosed the following materials: 1. Sign permit application for north elevation signage. 2 . Sign permit application for west elevation signage. 3 . Sign permit application for the 4-foot by 8-foot "ticket logo" signage on the existing pylon sign. 4 . Two sets of colored elevations of each of the proposed signs. 5 . Site Plan of Eagan Convenience Center. 6 . Permit fees in the amount of $406 . 50 . As we have discussed with you, we are of the opinion that the enclosed sign applications should be approved as signage in compliance with City Code Section 4 .20 g seg. Our opinion is based upon review of the following materials: 63 LARKIN, HOFFMAN, DALY& LINDGREN, LTD. Mike Ridley April 7, 1995 Page 2 A. Eagan City Code Section 4.20 It seq. (the "Sign Code") ; B. Record of approval of variance for American Concepts, Inc. , dated May 3, 1994 allowing for a 27 square foot increase in the face area of the existing pylon sign on the Property; • C. Review of City records regarding City Council consideration of variances for signage from January 3 , 1991 through March 7, 1995; D. Review of City records regarding consideration of conditional and special use permits for signage from January 15, 1991 through May 4, 1993 ; E. Review of business signage for commercial uses within the Town Centre District, including businesses recently developed on Pilot Knob Road and Crestridge Lane. Based upon our review of these materials, we request that the City approve the enclosed sign permit applications for the following reasons: (i) The proposed signage is allowed by Subdivision 5 .A of the City's Sign Code which states: No more than one business sign for each ma1or street frontage shall be permitted on a building for each business located within such building. (Emphasis added) The proposed store is located at the corner of Duckwood Drive and Krestwood Lane. The center has access drives on each of the streets identified here. Each of the streets carries significant commercial traffic to and from the area. More importantly, a finding that Crestridge Lane is a "major street frontage" is necessary for recent approvals in the area for Wendy's Restaurant and Chili 's Restaurants, both located at Pilot Knob Road and Crestridge Lane. Wendy's has signage on both the Pilot Knob frontage and the Crestridge Lane frontage. Chili ' s has signage on three sides, plus a pylon sign. In addition, the nearby First Bank building on Krestwood Lane has building signage on both Krestwood Lane and Pilot Knob Road. There is no difference between Krestwood Lane and Crestridge Lane in terms of size, capacity and use. The Sign Code does not define, "major street frontage. " In the absence of such a definition, the term must be construed in favor of the property owner according to the plain and ordinary meaning of the term. It is plain that a street, such as Krestwood Lane, which provides access to commercial businesses and carries commercial 51f LARKIN, HOFFMAN, DALY& LWDGREN, LTV. Mike Ridley April 7, 1995 Page 3 traffic to and from major arterials, is a major street frontage. In addition, such a finding is necessary to allow the signage for nearby commercial businesses referenced above. (ii) Approval of the enclosed applications for sign permits for Blockbuster Video is consistent with similar approvals for a substantial number of competing commercial uses within the Town Centre area, including the following: o Pay Less Shoes o Kinkos Copying Center o Tires Plus o Taco Bell o Applebee 's Neighborhood Grille o Firestone o Goodyear o Burger King Restaurant o SuperAmerica o Car-X Muffler and Brake Store o Wendy' s Restaurant o Chili ' s Grill and Bar o First Bank While the record indicates that a least some of these projects were approved by variance or special or conditional use permit, the vast majority were approved as complying signage. No distinction has been offered for denial of signage which is consistent with business signage in the area. Such a denial works an unreasonable hardship on Blockbuster Video which must compete for the time and attention of commercial patrons in the area. (iii) As a practical matter, adequate building signage on Krestwood Lane is necessary for customers who enter the area from Duckwood Drive and are searching for Blockbuster Video, an anchor tenant of the Eagan Convenience Center. It is not possible, when driving east on Duckwood Drive, to identify Blockbuster Video until you are upon or beyond the north elevation of the proposed store. This creates unnecessary traffic safety problems, and difficulty for convenient access to the Eagan Convenience Center and Blockbuster Video. Also, if the west elevation is properly signed, patrons to the area can then make the decision to access the center from Krestwood Lane, thereby reducing the traffic on Duckwood Drive, which is now heavily travelled. This benefits not only patrons and tenants of the center, but members of the motoring public. (iv) As a final point, in our review of the record, it appears that the City has given discretionary approval by variance, special use permit or conditional use permit in 95 percent of the cases. It is LARHIN, HOFFMAN, DALY& LnvDGREN, LTD. Mike Ridley April 7, 1995 Page 4 also clear that, on many occasions, similar signage has been approved by issuance of a sign permit for similar uses. It is not clear what the basis for these decisions is from review of the record or the Sign Code; it is is not clear how the City determines when a business is required to obtain discretionary approval of signage, and when and how their signage is found to be in compliance with the Sign Code. In such cases, cities are required to err on the side of the applicant. We appreciate the cooperation that City staff has shown to the applicant in reviewing this matter. We ask that the City find the enclosed applications are in compliance with the Sign Code and issue the permits without further action. If it is found that City Council review of this matter is necessary, we ask to be on the City Council agenda of Tuesday, April 18, 1995 . We make this request in consideration of the fact that the applicant has already been through several informal and formal meetings on this matter over the course of the past eight weeks . Thank you for your careful consideration of our request. I look forward to hearing from you when you have had a chance to review our submittal . Sincerely, William C. Griffith, Jr. , f or:::77- LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. WCG:RW4s Enclosures cc w/encl: Peggy Reichert, Community Development Director (via messenger) Mike Sweeney, Blockbuster Video Madeline Meligren, Blockbuster Video Eric W. Ingvalson, Esq. Kim Kluender, Lawrence Sign Karlin S. Symons, Esq. Catherine Faegre, Kraus Anderson Realty Co. Agenda Information Memo May 2, 1995 Eagan City Council Meeting ' o;14ti A. CERTIFICATION OF DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To close the public hearing and authorize certification of the final assessment roll. FACTS: • The City Council set the public hearing on April 4, 1995. • The legal notice was published in the City's legal newspaper and Notice of Public Hearing was mailed to all affected property owners. • The assessments include a$25 certification fee and will be assessed at 7%interest for one year. ATTACHMENTS: • The final assessment roll - pages 4 through . 6-7 REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 3550140201 100100006030 14.71 AC 39.71 3550570001 100120003002 23.19 AC 48.19 2550050501 100190001151 14.71 AC 39.71 2550550401 100210001350 14.71 AC 39.71 2440750401 100220005051 .54 AC 25.54 1550900301 100360001281 20.47 AC 45.47 3661020203 100380006008 19.73 AC 44.73 3550490101 100380008002 14.71 AC 39.71 3620140803 101317001001 30.91 AC 55.91 2340850301 101330004001 2.03 AC 27.03 1180460602 101350003002 61.35 AC 86.35 2563730701 101370003001 44.94 AC 69.94 1283810805 101375002001 46.73 AC 71.73 1283910603 101375009002 134.75 AC 159.75 2342060704 101430103001 121.55 AC 146.55 2342000303 101430110001 71.23 AC 96.23 2440570601 101438103002 1.59 AC 26.59 2521350502 101440105002 86.05 AC 111.05 2500200702 101499020001 88.40 AC 113.40 2500500004 101499216001 51.14 AC 76.14 2501260002 101499301002 84.59 AC 109.59 2501480403 101499316001 108.64 AC 133.64 2500740208 101499321001 47.86 AC 72.86 3760690202 101499601004 37.34 AC 62.34 3760290102 101499601006 28.69 AC 53.69 3760680302 101499602004 19.70 AC 44.70 3761260301 101499603012 97.98 AC 122.98 54 REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 3760050901 101499605007 20.42 AC 45.42 3761710701 101499614016 241.69 AC 266.69 3762010101 101499617017 20.59 AC 45.59 1190160002 101500312001 69.94 AC 94.94 3670470803 101550006004 23.09 AC 48.09 3670990501 101550107006 82.69 AC 107.69 3672550501 101550114003 181.55 AC 206.55 3671290901 101550140002 95.02 AC 120.02 3660330602 101560003000 50.92 AC 75.92 3660420502 101560009000 110.37 AC 135.37 3611530103 101630004001 48.97 AC 73.97 3611550903 101630006001 88.70 AC 113.70 3611720804 101630023001 369.76 AC 394.76 1260440103 101660105003 219.65 AC 244.65 1260920205 101660212102 352.28 AC 377.28 2310060503 101670011002 1.17 AC 26.17 1021020103 101670113008 36.54 AC 61.54 1030240401 101670133005 91.55 AC 116.55 1040130503 101670141001 104.63 AC 129. 63 2321070101 101670214002 1.53 AC 26.53 1010120204 101670305007 97.82 AC 122.82 1041070205 101670308002 72.84 AC 97.84 1020290104 101670332004 .27 AC 25.27 2350710601 101670402005 91.20 AC 116.20 2350740301 101670405005 85.99 AC 110.99 2351250201 101670406006 157.74 AC 182.74 2350950801 101670410011 73. 37 AC 98.37 (5--- REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 2380360401 101670412010 62.06 AC 87.06 2350990404 101670414011 96.68 AC 121.68 2380330701 101670415010 94.40 AC 119.40 2351190004 101670422006 68.56 AC 93.56 2370250901 101670512006 104.50 AC 129.50 2370130303 101670524006 1.00 AC 26.00 2410760901 101670708008 127.75 AC 152.75 2410960503 101670727006 71.74 AC 96.74 2471400802 101697522001 349.57 AC 374.57 1130270002 101710003103 128.93 AC 153.93 1211070602 101715315001 169. 68 AC 194.68 1211080502 101715316001 145.66 AC 170.66 1262310401 101740008201 54. 17 AC 79.17 1261270108 101740015100 122.68 AC 147.68 1261820303 101740016700 55.73 AC 80.73 1261620705 101740019700 29.58 AC 54.58 1262630505 101740206103 245.38 AC 270.38 1262560405 101740209103 125.69 AC 150.69 1262920002 101740214002 148.32 AC 173.32 1263275802 101740307101 74.08 AC 99.08 3614540704 101807556001 46.06 AC 71.06 3611272002 101815001005 87.75 AC 112.75 3611278702 101815003007 49.38 AC 74.38 3614800501 101815201004 18.72 AC 43.72 3750500501 101827538003 135.70 AC 160.70 3631440904 101830002002 216.17 AC 241.17 3630790804 101830005101 19.05 AC 44.05 REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 3631100902 101830007002 245.22 AC 270.22 3630700702 101830009105 164.05 AC 189.05 3821000102 101840103004 80.59 AC 105.59 3824320002 101840309002 18.15 AC 43.15 1227060903 102085006001 117.38 AC 142.38 1550860901 102090004003 34.97 AC 59.97 3640260003 102096002003 20.51 AC 45.51 3640170103 102096010004 17.06 AC 42.06 3640181805 102096012004 218.26 AC 243.26 3640621304 102096015004 81.65 AC 106.65 1203750301 102247502004 11.82 AC 36.82 3653010303 102253301001 75.12 AC 100.12 1290480104 102275007001 84.39 AC 109.39 1290980003 102275015003 116.83 AC 141.83 1290880201 102275025003 62.09 AC 87.09 1290780403 102275035003 106.40 AC 131.40 1290750704 102275038003 14.98 AC 39.98 1291130103 102275047002 86.67 AC 111.67 2530440302 102390026002 93.23 AC 118.23 1060710901 102488004006 105.11 AC 130.11 1223460501 102580003001 138.42 AC 163.42 3660750502 103200002000 133.57 AC 158.57 3660790101 103200003000 103.93 AC 128.93 3660580604 103200105001 20.72 AC 45.72 1312740201 103215004003 57.74 AC 82.74 2391650501 103295102002 234.58 AC 259.58 2391840202 103295102007 2.34 AC 27.34 ((:) REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 2391700803 103295103003 46.75 AC 71.75 2391950902 103295105009 108.55 AC 133.55 3680340101 103299003002 192.20 AC 217.20 3681050502 103299010006 74.56 AC 99.56 3680110803 103299011001 49.17 AC 74.17 3681770801 103299023007 .13 AC 25.13 3681270904 103299027006 84.79 AC 109.79 3682220302 103299034007 55.88 AC 80.88 2470940401 103300005007 2.14 AC 27. 14 1230070302 103980103002 66.73 AC 91.73 1230930803 103980202001 40. 11 AC 65.11 1231170003 103980202007 73.68 AC 98.68 1231760803 103980302009 50.67 AC 75.67 1231910901 103980303013 62.00 AC 87.00 1550930001 103985001001 20.47 AC 45.47 3610760508 104130010001 22.75 AC 47.75 3661180401 104190006001 19.71 AC 44.71 1313190902 104433013001 11.07 AC 36.07 3643450402 104465002002 1.73 AC 26.73 3643390202 104465103001 79.13 AC 104.13 3643050201 104465157001 194.09 AC 219.09 3701240802 104506003003 146.21 AC 171.21 3701200202 104506007003 62.94 AC 87.94 3702510302 104506014005 269.34 AC 294.34 3770670201 104507503006 54.79 AC 79.79 3770630602 104507504007 49.25 AC 74.25 3770840101 104507522001 227.59 AC 252.59 l scD- 1 REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 3781010801 104508003002 19.66 AC 44.66 3780850802 104508009001 20.53 AC 45.53 3780040603 104508010004 100.74 AC 125.74 3781090002 104508012002 103.23 AC 128.23 3780200601 104508026002 73.87 AC 98.87 3781360701 104508105001 169.49 AC 194.49 1112250401 104725210001 11.82 AC 36.82 1112240501 104725211001 11.82 AC 36.82 1112230601 104725226002 11.82 AC 36.82 1112510101 104725227002 11.82 AC 36.82 1112570501 104725233002 11.82 AC 36.82 1112580401 104725234002 11.82 AC 36.82 1112600001 104725236002 11.82 AC 36.82 1112620801 104725238002 11.82 AC 36.82 1112630701 104725239002 11.82 AC 36.82 3650900805 104775004003 315. 06 AC 340.06 3650630104 104775005002 129.66 AC 154.66 3651030302 104775110001 157.35 AC 182.35 3651230901 104775208001 144.31 AC 169.31 3651260601 104775210002 68.86 AC 93.86 3610560902 104800016001 144.80 AC 169.80 1170040802 104805003101 52.98 AC 77.98 3550660901 104870001200 14.71. AC 39.71 1222800302 105210003006 140.89 AC 165.89 1222530601 105210036004 113.74 AC 138.74 1551150401 105360001002 20.47 AC 45.47 1551090201 105360103001 11.61 AC 36.61 LQ3 REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 1213400303 105380114101 55.37 AC 80.37 3621430203 105530013004 10.01 AC 35.01 3621090401 105530014001 211.11 AC 236.11 3621740402 105530019003 156.90 AC 181.90 1270870703 106398004008 94.55 AC 119.55 1271400201 106398004013 79.47 AC 104.47 1280730104 106398204006 72.87 AC 97.87 1280650102 106398204007 107.30 AC 132.30 1280970303 106398301003 17.25 AC 42.25 1281660905 106398403013 58.59 AC 83.59 1280840807 106398609001 108.81 AC 133.81 3660460101 106710009003 104. 15 AC 129. 15 3610130102 106805001001 195.01 AC 220. 01 1264410001 106920010000 131.58 AC 156.58 3711500301 107250002004 71.73 AC 96.73 3711670401 107250008005 113.21 AC 138.21 3710090602 107250010003 127.86 AC 152.86 3711640702 107250011005 90.35 AC 115.35 3710570701 107250019001 17.33 AC 42.33 3711110102 107250035004 17.85 AC 42.85 3825440501 107259002001 127.29 AC 152.29 1173700403 107297907003 66.07 AC 91.07 2420550205 107300001014 .65 AC 25.65 2420540302 107300002014 67.13 AC 92.13 2420510606 107300002016 14.57 AC 39.57 2420720103 107300005007 48.62 AC 73.62 2420440604 107300005019 199. 11 AC 224.11 (.0014 REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 2421150001 107300104010 148.95 AC 173.95 2421080901 107300104014 115.22 AC 140.22 2420060203 107300206002 137.12 AC 162.12 3822640302 107583502001 59.10 AC 84.10 3822750002 107583505002 21.25 AC 46.25 3822700501 107583508001 77.76 AC 102.76 3800920503 107587834001 13.24 AC 38.24 1251570602 107595117001 98.63 AC 123.63 1250900604 107595120002 68.12 AC 93.12 1251070703 107595133002 35.67 AC 60.67 2432170504 107650201001 67.78 AC 92.78 2431270402 107650301014 58. 64 AC 83.64 2401330203 107710002009 88.26 AC 113.26 2400380803 107710002015 115.02 AC 140.02 3630240402 108140001003 47.37 AC 72.37 1200930403 108195005002 180.53 AC 205.53 1201360303 108195005105 66.07 AC 91.07 1200730802 108195016001 99.39 AC 124.39 2451180003 108365005105 73.97 AC 98.97 2456000502 108365201002 68.94 AC 93.94 1150620101 108425107004 88.93 AC 113.93 1150060002 108425111001 .69 AC 25.69 1150010503 108425116001 102.96 AC 127.96 1150780303 108425201002 85. 03 AC 110.03 1090300301 108435402002 124.61 AC 149.61 1140190802 108435507002 103 .55 AC 128.55 1140500803 108435518003 134.63 AC 159.63 (o REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 2433570504 108446011002 115.36 AC 140.36 2433380902 108446012001 135.27 AC 160.27 3690570104 108447604001 94.11 AC 119.11 3691940501 108447612002 .79 AC 25.79 1050330802 108460002006 115.48 AC 140.48 1051120204 108460005002 100.09 AC 125.09 1050160905 108460007008 118.09 AC 143.09 1100560003 108460107001 49.10 AC 74.10 1111420406 108460203001 .28 AC 25.28 1110550906 108460230002 44.07 AC 69.07 1111040003 108460234001 46.60 AC 71.60 1181840803 101350013004 26.63 CB 51.63 2500080305 101499008001 29.17 CB 54.17 3672520801 101550111003 13.23 CB 3.8.23 3611510306 101630002001 52.26 CB 77.26 3611510307 101630002001 48.49 CB 73.49 3611570704 101630008001 18.53 CB 43.53 2320730104 101670002009 18.84 CB 43.84 2310630504 101670017003 79.81 CB 104.81 1020530002 101670132007 41.60 CB 66.60 1211190201 101715307002 174.62 CB 199.62 1261790803 101740017200 49.97 CB 74.97 1263263402 101740302201 315.75 CB 340.75 1263266701 101740303201 89.31 CB 114.31 3640191704 102096014004 10.08 CB 35.08 3640191705 102096014004 60.91 CB 85.91 3640580105 102096024004 92.99 CB 117.99 Locp . REPORT SORTED BY PID 27-APR-1995 (10:36 ACCOUNT-NUMBER PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 1203550702 102247511002 108.69 CB 133.69 1203850102 102247524003 110.24 CB 135.24 3610700105 104130004001 68.50 CB 93.50 1112590301 104725235002 11.86 CB 36.86 1112660401 104725242002 10.59 CB 35.59 1300140903 105670013002 86.62 CB 111.62 3623220501 105880008001 6.76 CB 31.76 1281780503 106398401009 51.76 CB 76.76 1281960303 106398403005 135.90 CB 160.90 1173670903 107297910003 221.76 CB 246.76 1224330902 107298704001 90.89 CB 115.89 2421600403 107300601003 40. 14 CB 65.14 1251070702 107595133002 46.23 CB 71.23 1112210801 104725224002 11.82 CP 36.82 20937.43* CO 1 Agenda Information Memo May 2, 1995 B. PROJECT 601A,FINAL ASSMT HEARING LEXINGTON AVE & LONE OAK RD INTERSECTION RECONSTRUCTION& SIGNALIZATION ACTION TO BE CONSIDERED: Close the public hearing and adopt the final assessment roll for Project 601A(Lexington Avenue and Lone Oak Road - Intersection Reconstruction & Signalization) and authorize its certification to Dakota County. FACTS: • On May 4, 1993,the City Council closed the public hearing and approved a project providing for joint participation with Dakota County for the reconstruction and signalization of the Lexington Avenue and Lone Oak Road intersection. • The total cost of this project is$1,181,847 of which the City is obligated to reimburse the County for$552,750 (47%). It is the City's policy to partially finance its financial obligation through special assessments to adjacent properties for the benefits they received from the various improvements. • The final assessment roll has been prepared identifying the total cost, city obligations and special assessments to adjacent properties. • An informational neighborhood meeting was held on April 3,1995, at which time the City staff explained the project, the City's assessment policy and final costs to the 1 property owner in attendance (Mr. and Mrs. Marvin Rahn). They felt the overlay assessment was not justified because median construction along Lexington Avenue restricts their access. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, the staff has not received any objections to the proposed final assessments. ATTACHMENTS: c� • Enclosed is a copy of the final assessment report. 8J 47 7 I — FINAL ASSESSMENT REARING PROJECT NUMBER: 601A—Amendment ASSESSMENT HEARING DATE: May 2, 1995 Lexington Avenue SUBDIVISION/AREA: Lone Oak Road PUBLIC BEARING DATE: May 4, 1993 IMPROVEMENTS INSTALLED AND/OR ASSESSED: P.R. • Feasibility Report FINAL F.R. FINAL P.R. SANITART SERER RATES RATES STORM SEWER . RATES RATES 0 Trunk ❑ Trunk ❑Laterals ❑ Laterals 8" Svc $7,405.92 Ea $3,790.00 Ea © Service 6" Svc $4,089.28 N/A ❑ Let. Benefit/ Trunk ❑ Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base X Curb & Gutter $11.89/F.F. la773377T. 0 Laterals ❑ Surfacing X Overlay 8.48 40.56/F.F. ❑ Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Multi Equiv. Trunk C/I Equiv. $101.34 $108.25/F.F ❑VAC ' ❑ Trail SERVICES STREET LIGHTS D Yater & San. Sever ❑ Installation ❑ Energy Charge CONTRACT 0 OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $178,462.75 F.R. $364,328.00 F.R. 26-19 21 15 Yrs. 6.5 % $173.994.29 $508.116.18 (1) COMMENTS: • (1) Amended easement costs 4/5/95. MEMO .,;y4 ly,,:�, Jryl. city of eagan WA TO: DEANNA KIVI, SPECIAL ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL DATE: APRIL 14, 1995 SUBJECT: FINAL ASSESSMENT ROLL PROJECT 601A-AMENDMENT LEXINGTON AVENUE LONE OAK ROAD INTERSECTION RECONSTRUCTION The City Council at the conclusion of the public hearing on May 4, 1993 ordered Project 601A-Amendment. According to the feasibility report the following improvements were to be constructed and/or assessed. The improvements are water stubs, storm sewer laterals, street improvements including surfacing, overlays, concrete curb and gutter, widening for traffic capacity, traffic signals, traiiways and intersection lighting. In the feasibility report it was proposed to assess certain items of the street improvements on a linear basis and the water service improvements individually to the properties serviced. The other improvements of traffic signals, sidewalks, and street lights are to be financed by the City. This assessment roll was completed using the methods identified in the feasibility study. Construction of the improvements was accomplished under Dakota County Contract #26-19. The contract is substantially complete. Easement costs of $131,900.90 and other costs totalling$156,915.63 were added to the construction costs to arrive at the improvement cost for the project. The assessment hearing is scheduled for May 2, 1995. The following information was used in the preparation of the assessment roll. L PROJECT COST Construction Other Easement Total Improvement Costs Costs Costs Costs Water Service $ 8 217.15 $ 4,498.41 $ $ 11,495.20 Streets 318,683.41 127,131.51 131,900.90 577,715.82 Sidewalk/Trail 5,553.60 2,215.48 7,769.08 Traffic Signal 51,000.00 20,345.29 71,345.29 Water Utility 9,889.78 3,945.30 13,835.08 $393.343.94 $156,915.63 $131,900.90 $682,160.47 2 TO IL ASSESSMENTS A. TRUNK ASSESSMENTS No trunk area assessments were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. LATERAL AND OTHER IMPROVEMENTS 1. WATER SERVICES The water service improvements consist of 6 and 8 inch water services constructed to provide service to the properties for future development. The improvement and assessable cost for parcel 10-00200-010-50, an 8 inch water service was determined in the following manner: Unit Unit Item Unit Quantity Price Cost 8" DIP Class 52 L.F. 77.5 $ 28.00 $2,170.00 16" x 8" Wet Tap EA 1 2,200.00 2,200.00 8" Gate Valve EA 1 440.00 440.00 Fittings LBS. 220 2.20 484.00 Construction Cost: . $5,294.00 Other Costs at 39.89% 2.111.92 Improvement and Assessable Costs $7.405.92 During construction, it was discovered that Lot 4, Block 5, Eagandale Industrial Park#3 was serviced by a 1 1/2 inch water service. Because the development potential of the property requires water service greater than 1 1/2 inch and to prevent the disturbance of the newly constucted roadway, the City staff requested the contractor to install a 6 inch water service at this time. The improvement and assessable cost for a 6 inch water service, was determined in the following manner: Unit Unit Item Unit Quantity Price Cost 6" DIP Class 52 L.F. 49.5 $ 23.00 $1,138.50 16" x 6" Wet Tap EA 1 1,730.15 1,730.15 6" MJ Cap EA 1 54.50 54.50 Construction Cost: $2,923.15 Other Costs at 39.89% 1166.13 Improvement and Assessable Costs $4.089.28 3 r7 2. STREET IMPROVEMENTS The street construction consists of an upgrade to an urban section with channelization and turn lanes for Lone Oak Road east of Lexington Avenue and the widening of Lexington Avenue and Lone Oak Road west of Lexington Avenue. The assessable portion of the constructed improvements include street and right-of-way drainage improvements, grading and restoration, concrete curb and gutter and an overlay. The total street construction costs amount to $318,683.41. Indirect costs of$127,131.51 and easement costs of $131,900.90 were added to the construction costs resulting in an improvement cost of $577,715.82. a. Improvement and Assessment Rate for Curb and Gutter In the feasibility report it was proposed to assess concrete curb and gutter to the abutting properties providing those properties had not previously been assessed for this improvement. The following information was used in the determination of the assessment rate: Description Quantity Price FF Cost Common Excavation 1/3 cu. yd. $4.50/cu. yd. $1.50 Sodding 1 sq. yd. $1.60/sq. yd. 1.60 B618 Curb and Gutter 1 L.F. • $5.40/L.F. . 5.40 Construction Cost $8.50 Other Costs at 39.89% 3.39 Improvement and Assessment Rate for Curb & Gutter $11.89 b. Improvement and Assessment Rate for Overlay In the feasibility report it was proposed to assess a bituminous overlay to the abutting properties providing those properties had not been previously assessed for that improvement. The following information was used in the determination of the assessment rate: Description Quantity Price FF Cost 2341 Wear Course .3 Ton $19.65/ton $5.90 Bituminous Mixture (paid as part of the wear course price) Tack Coat .20 Gal $0.80/Gal 0.16 Construction Cost $6.06 Other Costs at 39.89% 2.42 Improvement and Assessment Rate for Overlay $8.48 c. Street Drainage Improvements The street drainage improvements which will be assessed as part of the urban street improvement consist of the following: Description Quantity Unit Price Cost Connect to Ex MH 2 $385.00 $770.00 . 15" RCP CL5 1140 L.F. 25.50 29,070.00 18" RCP CL4 84 L.F. 31.50 2,604.00 CBMH - DES 2 41.92 L.F. 187.00 7,839.04 CBMH - DES 3 10.85 L.F. 275.00 2,983.75 CBMH -DES 1 12.96 L.F. 210.00 2,721.60 Casting Assembly 15 350.00 5.250.00 Construction Cost $51,238.39 The improvement basis is the station to station measurement from the center line of Lexington Avenue east to the end of the construction on Lone Oak Road. This dimension was reduced by the public right- of-way of Lexington Avenue and Neil Armstrong Boulevard. The street drainage improvement rate is computed in the following manner. IMPROVEMENT COST IMPROVEMENT BASIS DRAINAGE RATE $51,238.39 2,603 f.f. $19.68/f.f. • The drainage rate will be combined with the street improvement rate in order to compute the street assessment rate. d. Urban Section Street Improvement and Assessment Rate The assessment rate for street and related drainage improvements was determined in the following manner. Description 52-Foot Street Pavement Section (i.e. aggregate, asphalt, etc.) $ 33.22 Grading 13.42 Street Drainage 19.68 Restoration (i.e. sodding and seeding) 6.12 Total Construction Cost $72.44 Indirect Costs at 39.89% 28.90 Assessment Rate (based on construction cost) , 101,34/f.f. 1993 Fee Schedule and Feasibility Rate $108.25/f.f. Assessment Rate Used $101.34/f.f. Related Zoning C/I 5 73 3. TRAIL The City is responsible for the cost of the 8 foot wide bituminous walkway constructed on the south side of Lone Oak Road east of Lexington Avenue. The trail improvement costs are to be financed by the City's Park Trails Dedication Fund. The improvement cost was determined in the following manner: Description Unit Quantity Unit Price Cost 2" Bituminous Walk with S.F. 8,544 $.65 $5,553.60 Aggregate Base Construction Cost $5,553.60 Other Costs at 39.89% 2,215.48 Trail Improvement Cost $7.769.08 4. TRAFFIC SIGNAL The traffic signal was installed at a construction cost of $51,000.00. Other costs totaling $20,345.29 were allocated resulting in an improvement cost of $71,345.29. The feasibility report called for these expenditures to be financed by the Major Street Fund. 5. UTILITY REPAIRS • The following costs were incurred to repair the City's water distribution system. The Water division of the City's Utility Fund will finance the cost of these expenditures. The expenditures are: Unit Quantity Item Price Paid Cost 8" Gate Valve and Box $ 440.00 1 EA $ 440.00 6" DIP CI 52 23.00 51.5 L.F. 1,184.50 Cut in Plug on 16" Watermain 600.20 1 L.S. 600.20 Disconnect 1" Copper Service 330'.15 1 L.S. 330.15 Crew Time for 6" Serv. Installation 1,705.78 1 L.S. 1,705.78 Prime Contractors 10% Allow 263.61 1 L.S. 263.61 Unforeseen Contractor Delays Cause 1,200.40 1 L.S. 1,200.40 2" x 11/2" Bushing Reducer 34.20 1 L.S. 34.20 11/2" Copper to Iron 25.85 1 L.S. 25.85 11/2" Curb Stop Box 24.42 1 L.S. 24.42 11/2" to 11/4" Reducer 30.83 1 L.S. 30.83 11/2' Copper 106.59 1 L.S. 106.59 Polywrap on Exist 16" Watermain 3.00 660 L.F. 1,980.00 F & 116" Butterfly Valve 1,307.50 1 EA 1,307.50 Prime Contractors Allowance 655.75 1 L.S. _ 655.75 , CONSTRUCTION COST $9,889.78 OTHER COSTS AT 39.89% 3.945.30 TOTAL COSTS $13.835.08-7 6 ' C. ASSESSMENT TERMS The term of the assessments for this project is 15 years. The interest rate on the unpaid balance is 6.5% per annum on the unpaid balance. III. ; CITY REVENUES (RESPONSIBILITIES) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE (RESPONSIBILITY) Water Services $ 11,495.20 $ 11,495.20 0.00 Street 577,715.82 162,499.09 * (415,216.73) Trail 7,769.08 (7,769.08) Traffic Light 71,345.29 (71,345.29) Utility Repair 13,835.08 (13.835.08) TOTAL 5682.160.47 $173.994.29 x1508,166.181 Theifollowing funds will participate in the financing of this project. 164,246 of this City responsibility is assigned to Project 668. This is the cost of storm sewer and pavement constructed in Lone Oak Road that is considered usable in Project 668. • FUND NAME AMOUNT Park Trail and Dedication Fund $ 7,769.08 Water Division of Utility Fund 13,835.08 Major Street Fund 422 316.02 TOTAL $443,920,18 Gerald R. Wobschall Reviewed: Reviewed: Public Works Department Finance Department Dated: Dated: cc:! Thomas A. Colbert, Director of Public Works E. J. VanOverbeke, Director of Finance/City Clerk Jim Sheldon, City Attorney (7( T . W r--J i--- 6 , r ir) . I BuoiNG 1_ d' _ Z t V BUILDING 1 y�j 14' 12 14' 14' 14' J 8' BIT TRAIL LONE OAK ROAD I I•4;�„ „ �, - ---_ ITT - • -, /1��� 14' 14' 40161••••••• illp■ 12' 14' 41141•11■ 4411■••• 12', � N 11■1111111■11111■1111 a C.0 0 imi 14' 14' 12' Imr1.111. rmollo. 14' 12' amirral■ armuillp. 14' 11 .Ail'il 14' IN NI t C.S.A.H. 26 %, • 14'14' 14'12`12' 14 I I I INTERSECTION LAYOUT I • city of eagan LONE OAK RD. .(C.R.3) JaP;rov;d: plate#d 7:24,- , PUBLIC a f WORKS PROD, NO. 601A—Amendment _ DEPARTMENT • 7 . f - _ . li 1 1[x 1 ■ D5Cit 1 ' li I .- N I _ . I ......... .........\ 1 .: 1'1 . I 1 „ .erg _11 e � w g I/ i w J . LEXINGTON AVENUE - - city of eagan LEXINGTON AVE. (C.R. 43) & approved: standard . , PUBLIC LONE OAK RD. (C.S.A.H. 26) plate #: A WORKS 1 — �-- DE PARTME PROJ. NO. 601A—Am ndment --7 1 . . z ' 3►u1 !OM f �1. __ .►343 *a .�,1 ..J' , 1 ll i _—_---"- . C I e $ , I jri _ fl i liii, " . i --7 i I 1 a i if . ' i . 1, 1 i G: i I• i 1, 0,, . , _ i i . , „. , ,. L 7..g....., i ____r ,::___Ii.. , t -1.1_ 0 L rrcle-=-= —7 -77 ---- —L.- (uolne) li ' a j1 t_L _— T 'PAM 641048+14,4 Will 1 1 r , I " � I/ I pq.atnqu :9.Pr s J 2 ) , c-,1 1 10 N .- p w • 0 • a 3 r.s n�. ' _ ., W x , e u d : : o. se .a { 1 co 1 6 z ,:,— L.1 .1 r-- VI Y `a s `I " , 1 /// 'JQ YD,d1t10H ji;] r It 1 - 0 !i . I rip., t. a ! c l—-' < - I I ! , 1_ • j 1._...; ., „ v ---------1 1 18 1 _ 11 1 w 1 1 .11111 , J....m... . f,:L ., 1 ' 1 O 3N11 HOLM • City of eagai t 1 LEXINGTON AVE. (C.R. 43) & approved: standard LONE OAK RD. (C.S.A.H. 26) plate #: PUBLIC uA } WORKS `�" DEPARTMENT PROJ. NO. 601A—Amendment ■ q �Ptg8Pt08 | k S 0 §a : _ _p. _e _ _ • e 8■ • � UPrtgP■Roq ' - - _� •I § ■§_ ■■® L . • • • • • § � ' �k k k k IR. • 2 f 3 _ _ _ ©- •:• k e • • o •' N q & 0K§ # • ° k k k �� _ _ _ _ • .• • • • , | . : � 8 | 8 8 oo • 3I o | o o oo :• • • 2 ■ © ■ a . lo 0 • : Agenda Information Memo May 2, 1995 C. VACATE DRAINAGE & UTILITY EASEMENT- BIRCH ST (WESCOTT GARDEN LOTS & RED OAKS ADDN1 ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of a drainage and utility easement as described in Torrens Document #105586 filed September 4, 1979, and authorize its recording at Dakota County. FACTS: • On April 4, 1995,the City Council received a petition from an affected property owner requesting the City to vacate a previously dedicated drainage and utility easement and scheduled a public hearing to be held on May 2. • On July 2, 1979, the City Council approved a Waiver of Subdivision allowing a split of Lot 3, Block 3,Wescott Garden Lots. The condition of that Waiver was the granting of a 10' drainage and utility easement adjacent to Birch Street. • The easterly portion of original Lot 3 was replatted into the Red Oaks Addition incorporating this previously dedicated easement. • On October 18, 1994, in response to a petition from the same property owner, the City Council approved the vacation of the Birch Street public right-of-way. However, this public street right- of-way did not describe nor incorporate the adjacent previously dedicated 10' drainage and utility easement. • The vacation of this easement is necessary to provide for a buildable lot within the Red Oaks • Addition. • As a result of notification in the legal newspaper and mailed notice to all potentially affected utilities and interested parties, the staff has not received any objections to the vacation of this easement. ATTACHMENTS: • Location map. • Graphic and leg description of the referenced easement. 6'. • • �� i �` ■ N ♦ ( � NE : ..tkiw NE \. NW 11 tirj T. • � f w C MAX f0 ^ \, .a ( . .•� \\.. � y�, GI \ � O 1 .�ofl.1 a SW !.INCH M 5 1 4.MUM RID.!T ( Vii'' r I. dMO 0 IN 1 V 7 . N[D PT 1.!lR11C!PT s 00001i ig, X040 TF _ ! V f.. .w :X 1 S a SC1311 -. - -- ■ OLEARY PARK—, CARRIAC( ! N 1 W ----- �; tLC taus --CLD►ii'�i NW sw ' - COURSE y�(. cat AT \ J♦. , �, 0. I �' LNf i. ..pP-e .17,u •. I c. - I tam_ .ao ,;•Z Jo ",,,CSIC I • T_ 5E I�y SW _ il�sW ►I'% 11t mu, Itu� pt M1 MT y (�' .:•�• 0. - Y.f. f .IL L Op01KLNSIWO U1 I OD 1 (t • _ `� ' ORt.ADO CT or, I �I ! ' / �.t ERNr , w� N' I f i FFv - !r, RI. 41 k !LY IFr d '? I+tscoTT.I4.1.3.).1?.. al [ .- .lsT •� C S N Q• NE 1�1 L :• . .• Ilou%/h rir eau _ h '� 7 r sl Pl ..L.6 <LL y �� • -.. ,„... r I ,.. ' '-.‘,..,41141, N.:•1: • 0 1111 . C Of0 jitill .r -� I 1 J Lt • . T ' 1,....k.MAW partN .0 iAty,� ; ► 1.S • ! ..,, .1N Met II d� • • 301 ® t.J _ c._ . la)0LI ��t C 1 I VACATION REQUEST SITE i 1 City of eagan VACATION REQU approved: prate rd It—4-. PUBLIC �) WORKS EASEMEN 1 2 DEPARTMEN = I • Owrglea TO Var a la blab.W 1 _ls . 1 ►Qt den tellia to dreams rd way waemet weal the oils di=OAKS rdWESCOTLaa eN LOTS.EM MA COUNTY,1aNTESOTA,deeatbd•teem 111a pat d ad dreams rd tiRy....Oral*awed In Tama Downer*No.t066ea saki Slam..ar elk tim a the*Moe d the Rapers,of Me being locales In the Wes Oirhr PTO d Lot Thee(3)dock Nee A),WESCOTT OWEN LOTS,DAKOTA 4/1\1 COUNTY,&QAIESOTA,bap betwwn the ma are at add Lot Thee(3)Nook Thee(6) mai a b t(LA61wt noels d ad mall as, data ran and W Maude rid tally eww+att ITUpwrit Lae One(t),No Ot rd rAl his A),dock One(I),and wait Day Lane as span on ate pet of MO OAK d moebq to Me weeded plea awed 11 -1. 13 1 1 r • I ct I `) a I I I if) I 031-03 a,-03 __J I . ...J I L 0 T z. = I GAPC'Ell WESCOTT I ) 3 I— J I (_/^) I F ECi W ' 013 03 043.03 ''.N. N........) I 3 o 1 I '~ - wok. -. _ _ / EASEMENT TO BE VACATED - _ BIRCH STREET S --Jr 012■79 0 r O 1 1 J , I 3 J� r. ■l, "'N•,,,, IA., (I>) J REA L6t4 E1 CON., - .11011 •- C 5 884.9 /' r �� \\ -- -,U/C 2 1 / ' C9\ .. Agenda Information Memo . May 2, 1995 Eagan City Council Meeting, D. VARIANCE - SIDE YARD SETBACK - TIMOTHY A. LEE ACTION TO BE CONSIDERED: To approve or deny a Variance of 3.5' to the required 10' side yard setback located at 799 Yorktown Place requested by Timothy A. Lee. FACTS: • The applicant is proposing to build an addition to the east side of the existing home to replace an existing deck and encroach 3.5' into the 10' setback. • The lot is odd-shaped. • The applicant could meet the 10' side yard setback by moving the addition 7'to the north, but this would not enable use of the existing door on the east side of the house as an access to the addition. , BACKGROUND/ATTACHMENTS: 21 Staff Report - pages Y hrough g . 3 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 1995 CASE #: 25-V-7-4-95 APPLICANT: Timothy Lee HEARING DATE: May 2, 1995 PROPERTY OWNER: Timothy Lee PREPARED BY: Erik Slettedahl REQUEST: Variance LOCATION: 799 Yorktown Place (Lot 2, Block 3, Sunset fourth Addition) COMPREHENSIVE PLAN: D-1 Single Family ZONING: PD Planned Development SUMMARY OF REQUEST Timothy Lee is requesting a 3.5' variance from the required 10' side yard setback for Lot 2, Block 3, Sunset Fourth Addition, located in the Lexington South Planned Development. AUTHORITY FOR REVIEW Section 11.40, Subd. 3, C., states: 1. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That the granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY In 1984, Sunset Fourth Addition was platted showing an "eyebrow' on the north side of Yorktown Place that would provide access to Lot 3, Block 3. The eyebrow was never built and in 1985, the City Council vacated this portion of the right-of-way. The diagonal portion of the common lot line between lots 2 and 3 remained as originally platted. REVIEW When the building permit was issued for the single family home on the subject property, it was shown on a certified. survey to be located at a 30' front yard setback from Yorktown Place without the eyebrow. The current 30' setback line now corresponds with the narrowest portion of the subject lot due to the original angle in the side lot line. The applicant is proposing to build an addition on the east side of the existing home that would replace an existing deck and encroach 3.5' into the 10' setback from the diagonal side lot line. Additionally, the proposed structure would not enter into the setback over its entire length but only at its southeast corner, approximated at 14 square feet. The applicant could shift the proposed addition approximately 7'to the north allowing the addition to meet the required 10' side yard setback. If this were done, the applicant would not be able to use the existing door on the east side of the house as an access into the addition. SUMMARY/CONCLUSION The eyebrow on Yorktown Place was never built and the original lot line configuration did not change. The house at Lot 2, Block 3 Sunset Fourth Addition meets the standard 30' front yard setback; however, this corresponds with the narrowest point of the odd shaped lot. Approving this variance would still retain 28' between the new structure and the neighbor's existing house. ACTION To approve/deny a 3.5' variance from the required 10' side yard setback for Lot 2, Block 3, Sunset Fourth Addition • ?‹ ix 0 I I L - - - �l 1 `;� © II l WESCOTT ROAD ( mom" ` T1{ '� )�I t MAR CREEK RD. STONr I �� •.y V Sil. ?iil 111 0 ;-e 1o. :; 70 I • zZ i 044;- i 1 V c? £ =RIDLE RIDGE 2 ' RE. PA m ji ( Ku RD. •.• �,,� .i. 7 TCONDEROSA 5� "74C::4j., y lye ' £arwllav �� .IIE NORTMVEW PARK � -• ,it r• � i �CARTHY _I _ _ _ �i ,�. NORTHVIEW < (j ., ..'< .> PARK L� 'ri I Z� �i I 4C Ir ti� , '�j Y 3 9CK NOR HVEW g o i' o • r IN � ' as FyA s , .0h Le Z� � � 'flues AVE � :�, ' ... ..%kali O 7L Yt` • it 1 ' ® © •Pt 7 , ,in yt � O ' GI. 30) W I 3 DFF1 Y ROAD Y ROAQ _ r. LT ••AD 1 ��•••'-. ,/1� INU cT •-1, ` •. • ORKIOW ,p SCT. I I /L •r• , t LEXINGTONTDIFFLE` ._ i, Fro EI R CT I,� A r z��BASSO o �0�ATHLETIC FACILITY i -- I J� _ IL o2, LN. E2• 1' III '� Z x� R rilt0A..c ...d-E.Q_R, 1.... DR, HACK I F TON (a t•' i;, W 4 7 y Y -j, RC D:i a 32 < s ' GOAT _ 0s ....or.:. 7� RD, Z 3 3 HILL m •, ..• WANT GRAS ximiuS LA• PARK _WALNUT HILL TR cwt E ��` 6O 48PARK SlJ1A.ERZN S�+ 3E C, fF Y EU u, • , ' n � A TU,NrK S 4 �,; wN �.t � o $.• C4'•~4 E.. ... ; • �Yr.7:1�.7.� p (q I`,'• O I F r �goo o I ::: . ; •� o IIN 0. W 1 11eaGYMOrX•H I I _ 0...► I ."W col i K(La LOCATION 0 ct • cooi Z 0 ._.M„St7,l 0000 ocyit _ gn > 7 - -F • 1 • E 0 Z 0 L M„St+1 0000 5 0 E �[ r-00.58— C I 1I 0 o . O. 0, ' V. M amm 1 _ 000£I 000£ ' '•9 O • . .0 rr) o I....D.a.� gl 8Sab0N ' :: .� H '1....: I N - — : o. N � 8. . 0 •.:bii:.:i:iiiiiiiii:::::: ::::Miii.::::::::::::::::::::1111:1::::::;::::1:::::::::::;:iff:;:ii;i11;11:4:::;i:::::::::::::::::::::::::!..ciiik;;;;;:i:::::::::;:.::: . 6 _ ::1 co V i. _ _18.8ZZ /� 8 p N �� C iti 1 0 a }� N'^ N N 1 Na' - " c 0 'm ,I. ,0 � � n ' � 88'6i7Z —— —°1 900£ 900£ L_ . 6__ Z ,. . , I0 , .•1 Lip 1 EXISTING CONDITIONS • ` r ��J. I y 1 � s{ , - 1 I : 3 < < 1 ,` Lar 2 , 8 taco 3 1 1 . L\ ' I � I ► I I , ; ., i 1 i, , , z' I ► '1i � , rl ii r pm.," I a tib f, on � ' I . l � I 1 ► I I \r` 1 I ri A Lop. 15 i ► wS " 4, ";,q�'b i ). I �� , r........ I r . ter vl , i it. NOUSE -sL:Leri 1 ., :s.,' / !. i w• 11 :jiat.II c,i�' ��Y� I� 1 v Il L s. • I r1 \ • ,\ r? I • II . N al.4IS'ZM'& w► . I �` YOR crowN PACE • -28' 0" • Existing Deck Proposed Addition —15'0" 799 Yorktown Place , DUSTING C AREA 0 NCROACHMENT } 10 Foot Property Easement Une. ne. Driveway Yorkt wn Place cl .i,, f,,f.„f• r.r,r:,,-,4 F C „„,r,,,40,,,.,,„,..,,,,..''. �4,�,4 5:^-A'�ti`Aa1„ irL�,�,t,-..., ,• , o z,,-p,.t�•Z 3,:,,1-.�..�• ..••Y'a.; }'� 7 ,,•?•ti - •, r.:.,;Y i 74,p:y'`� ,.1,-.5,i 1'�,, � "jY_«F F e Ae� i "� ; . 'i,G'y,. i i,a' �,,}� �,. 5,,,-;:4 �} ,f ' �T` ' K{� '"r �^r t ; .;,.,1 ` � � i1': - ,t]t , ;t " - #.•. . % �. ;i �; 9 ,•XV,, •l4', ' �`"+�",! i; ,i„M ah ti, �•.,'� ,+ 1,�a _, ri a.•'�4".�"� e xIV' '`e' _„,, �l4,,-��xah x7,�44, 1,,;.� i -�4ar t,� 4 4 ` 1, ,, �3.6' ` '*I.'” '.: ' ,,A , ',,r.',' ', .nz„iA: ,.,r $'. - it-14y ttt 4,4 _ 'i J r_ m,r� .. f,., � . 7T' ; 4 `a/" 1 ',+- ,r y,t-' p;'`. + w '-$R. n ,t"7. 4` : si' � ,, j f. p� ''''.:','":°' ,`C ,F i , ''.r'• +,, a xik• ., �r.>, ,tr ' 3r t ` ti � ti•�r�''ya�;, .fi„.4; ,x '' K, N't: '''':•-�'`y ' f i■ •s:,T,„ ,t '` i,.;'ti yV4Ak ,. t .':':,v;. Y,4'.,. Wxn, ``,.- '.•tt iy 7i '':,..z.• w ,:;.::,,-4,, , , .4' a :,�r:.Y, ;` c= . „ � k ,, ' ,i �', i r , , •+r , ,, ., � t,. = , ,, . ."f• ,.`,; t ,.r :NI..- ";,,11,1,Zz J 7, -.;.-F'• k- ' .,i. „ ; :a , , ge da,Info a Memo . . x1995 . �• s., k�i: � `'' e 1 A) gI E 0 r°, l) Y al z+ 0 ��w: I C f, 0, ' ,; ,� t :, , RTM'ff0 ER€0'c o I aRED: - - ht."� A p prove.' eject 6`8 1 1 9 .r s t& icols ' oad 3 • eco .ru- on,till a thonze f1b p.epara'ion o - - w a e •• ed pl: spec' ea'ions. ;: o 1401 fle,t&O CV *ouncil lv a e a ubli -• 'g I consider i reco_'s.ru ion of icols Rea a ` ,°, . ` .. �e'l .z. ' " fro aik o ° oad tOlsue- -iou' :' cro sing. l ;:1,. o /..,, gig publ' 'e• ''ng,WVo r a786 s.icols ' oad l i f? j Il° Reg e tH'o o 000. ;o t regara a:i Soo , , c,ng icols .oad Eb Fn urban ' {: . ec ion Q l gu;�er i 3t3 prope I , , 1 e q ues?ibT,f,Yaio al d aina a im a eve en,s . 0 7:0_ CTIV®ouncil closed ft publi he• 'ng NE continued action dill KM z regarding approval .:,,,. a proj,. ad dir. ed QV t�a - r r M :pencer in p o 'a e addi:ion. _, a rma,on �,1, r:«• . re•'arding tfco -. a} as es me 's associa'ed c i&i s a v� a l.� t9 f i 'her ' f .4,,,,,,,,,,'' j t t& a ainage co ce 's, "•.:_, I ' o Oil / Aril A3 A C Qa t consul t �. Mk spencer to discuss t - r., . . .a optional oo 's}prop. va -Y` dr.°'age impro emen.s. Gg a a Cat m-e ings :,-; ' Ii°,spencer k ogre-ab e to ifi9 pro a osed s-3 -4 0a, add ess illa drainage cone, s Cot - •t*, proposed oaa ay impro emenT,tat b 3 ''1 ing to aceep`ilk;addition. costs assn&a ed V- `,�'" i , ,pgrading a3 in t urban see�io' , o ,cie pril 4, fl a a o =:5,'' ;• ' & In ' i .,: . r o M.,���addi''ional co'terns regards t�o erall proj=et a • a � ;'t; xa 'ncond'tio alb a c t meetings. a„ - , ± r °k ' 'A' ''' {'fi 1 ,. ' i , ,. 90 , .., it, ... _, . , _... •_._,I.e. • _,.. _ __ r, Z — Tr n.r� r'T.�:i w7 s rT_z `J c ', '1fA i n _ .=7i:- - i. ' ., b' f ,,,,i,�' •«° r.�1y1, 4s ^,,,,31,„' 4. t`.„ }4. ;,o „r'," 'c:-`; :',k'i' ?-wry++£:,11: ',.1 "�f,,`,1 '� ',knf 7'k,•-t' �" r -''}t r.4i ti ,'.d ,,�• y 1 r,, .y e.' ',. :,*,, 'k,,.„ c4" t.„..,. a' ;7 d!; ,,, £new` y,,, r `_} ,z,;,,,"•, ,,,.,r`' 'y,},-,,,,,,. +,,, "' ,-, }ti,-, ,;„ `inr ,�i} h+;1 y`.1 yA -r'�' ! �y�r ',�it,.y'4 r 'a�l't;� tjC�]�;;d�, ,�'"yy��•• .o�itp,1•'X1 •1i� ,,,xtk�.,�� ;• Ayy,�.t y •!i,,�,,, p. g1�n`:ry� Aa t;k,. ,;ti' ..1, §,+,e, a si"'H* y T�•*y'• rJ„.,5, ,,,,i,. ..„.,,v.-4.: n'; 1 +.' #,,- ;7: . ' ,,no' _,„r�. °„ry: 'i r, a' �i. :,,,,,,,,,,,75..4t,r t.' `vr S6r. .rn Y �r.�k�, ' i.14 �dw �y` . .,� �� L' .,.�' u,`rF er 4'�• ._ ge da nfon at'on Memo 1, h 995 1 `� ' Yil, ,I o ' MKT i+a oITiASy ?TWO A, A a u a, A o o+0 >D7 11; , ,.-,; 0. 5I MI€0NSI DRDDD' , , I r F]. Ap o rov• deny t Cf o c�Wilde ess Road �°Iedge o o a Drive i:, , & gap b'• la ion§3 o enied, approv• deny Mr; o -i o Q Cb pede •nan�� i . o N, I tba exis�ing c oss al of W. o erness awl Road 'edgewood �x I T 1, 1 ' o' @ September 11994,t C 0 o nel recei ed 0 pe�i ion req es ,3 tab inst• la'ion cio ' .a .r 13. CET;ilde ess SAD)),Ro• o EP Wedge A ood Drive t pe'i'ion,S$b 0 0o nWi f ” - ' of i s .d, A 'eh ino i ed t$kf3 tib p- �i ee ed o 0 0 C fAb� b i I,>,-. <h i •i' ng t®pe ioned t a l l a:on. .ubseque f,i 00,noil o i eb a, ho e f .�= - ' s'allation. 1• = • o ss'o o f Q o - of e 0 tab op io dins ells g a flas Y,g i1 EP f eo ovation CQt a:stin cross a1 4, cirt&b reques,ed 4.4;47 ®oun i'1 c o n.'n ed -onside a ion c. tk t ] co ld co p e,- too gatilii o-ti cro s alk 0.1,V_.4, ,4M v o'' o ao d' ess Mr;T. ---oag. t, b 0, • o os b pedes.rian cro s' al flas ers, I I•; o ; ie comp ehensi e p.-,0 a Irian C po'c}►09 k;) 4 completed U its C-ii - OD : p -sen ed ilk; you c' Ix form• ae ion, Op pro o o ed { a o o B o-.co 0 4 i rya ue ed loca ton. 33kgi de'ermined 4_01 according . tbtDb p oposed policy,ft to a ion ou d al f s gI,Q arran s Mode ilth9 W o o Cep ppAgffitiD c oss A alk fla• ,'ng o e,co E es ima ed ?C Wo000,, ', o Tripp dra z o edes. •• , c o s A al po'cy b J denti�fied f -v 1 o iher loca,ions �i t , conim,ni' ue El cro s al 444 o beans i (b AK-15'41§1 oased @i f0ErcibgT in-dep ev• .ation EIRS s 'dyo o M„&-_1`91' Lep e o represen 4.g V&We.ge A ood neigh.or,ood,kg t3Glail info(1' e o '651 t b 3 aka , , wAI;Lo co,s'dered tt ytab ounoil I I:, a installa ion cif ran cot of de 'ce otp ) : o o era _1,al flashing Deacons b I'. n A a an ed ova ions • o to prior tb teo in ,al1a ion cie 0 thillw o -k 3 Eit 0 her A arran ed(Q i':" higher prix boa ions @ETh,expose A;C ii:),�� risk iabil'it 0 6 t A 4\f• 4oD ,Ua ' '3 a O ' da pet°ion re o ,es ing o o R - , o , a i'ens ollo -, o 'eition o o� 1 . es d p b'�t�p �_____--_ � � a NR repo repo n3 - •. ua,i,g arran s o < ° ° �J, j'', a s b C�ce o ,embe d o o. ounci �s b, „ 1 � �—� j .. . ' o erno e alua ling arran s c os • : , -•co (��� © _ II; 11.-- , 1 I ■ qi))? RECEIVED JUN 4 1993 June 1, 1993 Mr. Michael Foertsch Assistant City Engineer City of Eagan Eagan Municipal Building 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mike: I wanted to write to thank you for your attention to my concerns regarding the safety of the crosswalk on Wilderness Run Road.- which leads from Wedgewood Drive to Walnut Hill Park. As wes discussed, ' many parents in our neighborhood share this concern and are quite anxious to see something done to make this crossing safer. I became an at-home parent last June and, since that time, have become increasingly aware of how dangerous it can be crossing Wilderness Run Road. There are advance warning signs for the crosswalk: both eastbound and westbound. However, it' s been my observation that many motorists don' t appear to be heeding these warnings, particularly those who are westbound. As we also discussed, there is also a problem with many motorists speeding. With a posted speed of 35 mph, even an additional 5 mph over the posted limit makes crossing Wilderness Run Road much more dangerous, particularly for small children. When considering a 3-way stop at Wedgewood Drive and Wilderness Run Road, I would like you to recall the existing 3-way stop on Wilderness Run Road at Oak Chase Park, just a short distance west of Lexington Avenue. I feel the intersection at Wedgewood Drive and Wilderness Run Road seems an equally important location for a 3-way stop, particularly given the number of families -residing in Wedgewood, immediately across Wilderness Run Road from Walnut Hill Park, who must cross there. Myself, as well as other neighbors, look forward to hearing from you after you have had time to assess the situation. cerel y i • Patti Schilling 4442 Wedgewood Drive Eagan, Minnesota 5512.3 Home phone: 454-150 C;L, • Wedkgewood Development Request for 3-way stop at Wedgewood Drive & Wilderness Run Road SIGNAT 'E NAME & STRF,- )DRESS _ . 7 ...-----, /4: 4---__-.. .„.,......,.....:, . .• . •„ ..... _____ . ., ,., .,,., .,...„..),... ____.... •...,..___ • , , (...-c...' , _ ; .-,- ,7 f , , , f„..., ,,„ , __ __..., y ( , , _,.,,, i__ . 4 t. \ ( ■-' 1 ( 1 ( I. • --- / / - , (... i „.• , ... .-, .Z,-Lo _:"-- _, ., i'-_, 1,44' ------e-------\ ,_ / ''-' ------ ' 14".• l' i..6..u..::...-r-':.__ ___La,-4....i._ -'. , , .........- .... ,.. , - ...le.- ...., 1 C.-- --_ . , . ..t -.. --....._-‘-- --- / '...---;,- . . • ...1....LL....; I ' ' ...,'-'- '• r -. r '1 .4.—........z.,... ..........—,......,—.C.—........, (-- . .■ \ I/ , • 1 , ,,I 1 „ , i is L./.• ., ‘.1j.,‘...,;) ,..., /:', ,.___'-:.,/..;•. . ............-.......e.._- __ ..„..---7.-L--'6VC-c=•--",-/ . - , 1 ,k-t,' -1,.--'-r.-----#'‘ j7i. ..._„,■ -- IC , .., c?....,3 Wedgewood Development Request for 3-wav stop at Wedgewood Drive & Wilderness Run Road SIGNATUF:E NAME ;7,. STREET ADDRESS . ,... G-S1- -•' .1L.Lz L3 C-5-ij.., LOC a.. _LA.)e c9 .t,i .cj SZ Aor - .1.A2.{V _/. ..,c A-7'44 ,•v, Z--t-- ' /i7: 1'.. WOoe-Wodei GA/ :13- ----2---'- ,‘.‘27.,‘,.e.,,,.er/r --/ C27 10/7 .----0 2, si . • tO5-5" ((Ali*opri 7C.- L C! \o-2j AL L ') , , LO4Lcit&00 _ei,_ / ___‘,..11._,,. . •:_,A4, 1030 /J1 I 6 I'Y (,)d)- -, • • v . ,iv' i44.24 lae4c./ cQ, P r • Ai- .... •:"....&v,70 ..e- 4._ -6. AAA 4irddiLS yoo oveif 0 jeg --\.'fz 4 i . • . IL/ , i Wedgewood Dev=elopment Request +or -way stop at Wedgewood Drive & Wilderness Run Road SIGNATURE NAME Q% STREET ADDRESS _ -�.� ' Se. c.- Pcx 1 �fz f2e �%D cc D2,. _ .7_ 7 J ww . I iir 44 ..1 JAI I .J. .. _-L7, • ‘ '- \�•..• c61- `"k" `. fi-..c4(.'„�.' f c�c;iti III ; •r 1444 1 c LL:cc 1 ri vex AI ne ;; , "rl,h ifYiia //tame D o As o �' -- Lt)l5.__ ,;1-0< L-� I/ , _ . ._e _4, ,, _ /.. 2'ijA--117_L.th-4.42-7- ki ..57fe-t_ 21,--45.n, -i) 7.22z;6isk, _Lo3 c-- Lii+ezei 44) 7_24:W42-4- ) )6)^11. :_,L)001.(i' ,k).-,,,-. 4_,:) ,,L) 9 !, CORI/ /e •FR6}r/'/ _._ 2 n l l 14412__(J1:/..9‘42:,:11 4n Jv Kis eey L") P Ti h.SoKJ efol.71.4r w 7-Ct9-s � /0 2:1 WE&&GEiwcof> LANE N fg 014, 6.0,1_2 lesov _ 1oia aye die LUZTTY9S,..IJtag 14 af-vs'c.4'a. Surd /1 _ i od i hi zcf�c_.4.c,a ccC_ L-k 1 i'J 1 ,, _12(e .ret,\ Ni,..; ria.,44.s .__7.e.4.4....2.-c) /cc_a L'ecfc; • T (XL 4(Ls . .' ft''I" rJ '• 2�:.�5S,,,,,,,..„,..„ _. L.A. s . r-2,,,,,i) ,,,D 2, ,,-,,,..,_, ,,,,,,..., ,„,,,,c,,,sg-c. �'1_.� _ � .. .I_ -- - ,,\-c,uedc L,.:c.rd Lev ,uo • „,, ki,,r., ,..0 AA,,,,do q r Wedgewood Development Request -For 3-way stop at Wedgewood Drive & 1,■Ji 1 derness Run Road SIGNATURE NAME & STREET ADDRESS c.4..04 __ L03.5 1,6L-ti#J-0-aciel 4,qL,1_-(1, .041.1dax.x . -Yk' AJ .... _.4- • • .1c/jAkt......:. 1o43 \&) bob Lo , NI , / joi-t3 j‘l-eliet004. tp _f•-, 4. - V 9fr,—... 10 l..0611.47„•000_ L-10 Ni Liass-Giag26,fi Lii-± tiledicAict DC - ---R0-6-Sbcd<iiii IA 450 we4ye _12e,c,0(_ .11P - 4 i. i._________ iiz __ _117.'_4g.___Zead coit.../- id. 0-r,.. ruAetz-434.5c...._ ..4.. To ' . Wedgewood Development Request for 3-way stop at Wedgewood Drive & Wilderness Run Road ` SIGNATURE NAME & STREET ADDRESS ' ( ___ _400 °IfP 11)° �-� � e:AY4N'i ; 6 / ~�� a ^ / ) ' [��� Re) ICI - -- -- - --�----�[—'----------------- ----- // Y J ~ x q7 August 25, 1994 Mr. Tom Hedges, City Administrator City of Eagan Eagan Municipal Building 383{:) Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Mr. Hedges: I am writing you in follow-up to my conversation with, Ken Vraa regarding our neighborhood' s desire to appear before the Eagan City Council . ,pur issue..„„ .,..the safet.y.,• or .ereof, at the crosswalk on Wilderness Fun Road and =; . =.=Drive adjacent to the Walnut - �.•,;;tea:• • ' Hill -Park entrance (this ■sswal i:: i s also an exit/entrance for a bike trailway) . With the rapid growth of nearby housing developments, we have seen a significant increase in traffic on Wilderness Run Road. Along with the increased volume of traffic, speeding has also become a problem. The combination of these two factors, as well as the curve immediately east of the park entrance„ make crossing into and out of the park very dangerous. In the spring of 1993 I began relaying our neighborhood' s concerns to the Eagan Engineering Department. I worked with Mike Foertsch who directed a stop sign analysis at the site in the fall of 1993. I have not seen a formal summary of that analysis, but I was told that the intersection did not meet the criteria for a stop sign due to the low traffic volume on Wedgewood Drive. Mr. Foertsch passed our concerns on to the Eagan Parks Department because a study of all city park accesses was underway at that time. Ken Vraa became involved and he recommended pedestrian- activated flashing yellow lights for Wilderness Run Road. The problem now is funding. Mr. Vraa estimated the cost of such a light to be $5000 - $10, 000. His concern is that our neighborhood is not alone in experiencing an unsafe park access and he feels that other neighborhoods might make the same request if ours is approved, thereby driving the potential total costs over time toward $100, 000. The consensus in our neighborhood is that if several neighborhoods need engineering attention and financial expenditures to make the Eagan community parks safer, this would be money well spent. If this is such a widespread problem in our community, let' s fix it before an Eagan family ex per i ences a serious injury or death; then any amount of money would look like a small amount. qg l _ _ I We wish to be on the agenda for the Eagan City Council meeting for / September 20, 1994. If you need to contact me regarding this / matter, please feel free to call me at my home at 454-1560. Thank you very much for your attention to our concerns. S' rely, • ;C:S; Patti Schilling 4442 Wedgewood Drive Eagan, Minnesota 55123-1934 home phone: 612/454-1560 cc: Wedgewood Neighborhood Watch Group • h MEMO city of eagan TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 16, 1994 SUBJECT: STOPSIGN PETITION (WEDGEWOOD DR legbillIESSIWISRDL. . a Background Initially, a number of residents in the Wedgewood 1st Addition had requested consideration of the installation of a 3-way stop at the intersection of Wedgewood Drive with Wilderness Run Road. The request from the residents was made early in the Summer of 1993 by a phone call from the resident at 4442 Wedgewood Drive. The resident stated concerns with the ability of residents in the Wedgewood 1st Addition to cross Wilderness Run Drive and utilize Walnut Hill Park located on the north side of Wilderness Run Drive. Following the initial phone contact, a number of pieces of correspondence back and forth between the residents and Ken Vraa and myself were made during the Fall and Winter of 1993 as well as Spring and Summer of 1994. Attached are copies of correspondence for your information. Analysis During the early Fall of 1993, an intersection study was performed analyzing the four following areas: 1. Speed study 2. Intersection sight clearance study 3. An accident analysis • 4. Traffic counts A speed study was performed on September 13 and 14, 1993, between the hours of 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. Results of the speed study indicate that with 1,010 vehicles observed at two different times, 619 exceeded the 35 MPH posted speed limit. The highest recorded speed in this area was 55 MPH. The average speed of the 1,010 vehicles checked was calculated at 36.52 mile per hour. No speeds were checked on vehicles travelling on Wedgewood Drive. The 85th percentile speed was calculated at 41 MPH. 3. /OO The initial intersection sight clearance study•which was performed indicated when a vehicle was stopped on Wedgewood Drive south of Wilderness Run Road, the clear sight distance to the east was 500 feet and the clear sight distance to the west towards Lexington Avenue was greater than 500 feet. In double checking those two dimensions this week, the clear sight distance to the west towards Lexington Avenue remains as previously stated but the clear sight distance to the east actually is approximately 312 feet versus the 500 feet as originally reported. An accident analysis was performed and results indicated that no reported accidents have occurred within the last two years from the November 16, 1993, original report date. An accident analysis was not performed for the past 12 months. In September of 1993, 48-hour traffic counts were taken at the intersection noted above. The traffic volumes counted reduced to a 24-hour ADT are listed as follows: Wilderness Run Road east of Wedgewood Drive - 1,782 vehicles Wilderness Run Road west of Wedgewood Drive - 1,960 vehicles Wedgewood Drive south of Wilderness Run Road - 178 vehicles In addition to the clear sight distances checked with respect to the stop sign installation requests, additionally clear sight distances were measured for visibility of the existing crosswalk. The entire 41-foot length of the existing crosswalk is visible for a westbound motorist on Wilderness Run Drive approximately 358 feet east of the crosswalk, and eastbound motorists on Wilderness Run Road have clear visibility of the entire crosswalk a distance of approximately 292 feet west of the crosswalk. The crosswalk location is adequately signed on Wilderness Run Drive from the east as well as approaching from the west. Attached is a site plan showing results of the sight distance surveys performed. The Minnesota Manual On Uniform Traffic Devices identifies warrants which must be met before stop sign installation should be performed. They are as follows: 1. Intersection of a less importance with a main road where application of the normal right-of-way rule is unduly hazardous. 2. Street entering a through highway or street. 3. Unsignalized intersection in a signalized area. 4. Other intersections where a combination of high .speed, restricted view and a serious accident record indicates the need for control by a stop sign. The multi-stop installation as requested may be installed if the following conditions are met: 2 / O ( 1. Where traffic signals are warranted and urgently needed, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2. An accident problem as indicated by five or more reported accidents of a type susceptible of correction by a multi-way stop installation in a 12-month period. Such accidents include right and left-turn collisions as well as right-angle collisions. 3. Minimum traffic volume of at least 500 vehicles per hour for any 8 hours of an average day, and the combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours in the average day. When the 85th percentile approach speed of the major street traffic exceeds 40 MPH (calculated at 41 MPH), the minimum vehicular volume warrant is 70% of the 500 vehicles previously mentioned. Summary Based on the above information and the intersection analysis performed, the only stop sign installation which is warranted is the stop condition which currently exists at Wedgewood Drive. The minimum stopping sight distance as required in accordance with the traffic engineering handbook as published by the Institute of Transportation Engineers (225' - 255') is met for the posted speed limit of 35 MPH. Even at the 41 MPH 85th percentile speed as calculated, advanced signage indicating the presence of a crosswalk adequately alerts the motorist of the approaching crosswalk location. If you have any questions or need additional information, please advise. Assists i City Engineer MPF/jj Attachments 3 -- 1 \ \ - �� _ _ - / 1/ 1 1 f ( . / / / • 1 1 1 1 ' \ - . . ...: • , : ••• 6!1 I� I X11 I ! / 1 / / / • / i / 1 ! - X411 11 If / . • „ I1m11 111 I • • . I / IQ� III i l / /: / ,3, U l •oz6 _ I I 1r ',• . / ; . / . / ..• / I Il`t It 1 • `. / .. .. • / • • /• I 1 \ ' 1 • '/ • .• ' • •'/ " / 1 11 11 c1.. .(. \ , Ilt% 11 • ••• ‘ . ! I ,/ 'It 1.3 k. . 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I � 1 i1 Ir1' r •1 I v• \ 11 I '• EAGAN CtTY COUNCIL MINUTES;SEPTEMBER 20,? I' PAGE 6 • :>i. .... • the Council to review a use that would be p Miffed if It meet$* conditions. The Council can waive a condition as long as it is not arbitrary, capricf $:rac::limso Te. Councilmember Wachter stated he wouldlike'further information before acting on this. Perhaps a different location on the site would be more appropriate. Hunter added that he would also like to see the Uniform Fire Code sections referenced in the Fire Marshal's memo. Wachter moved, Hunter seconded a motion to continue this to the next meeting. Aye: 5 Nay. 0 PRELIMINARY PLAT/BEST BR NbS INC. Mayor Egan introduced this item ip ol(r5loaryy iCf Best Brands, Inc. of one lot on 16.75 acres located along the west side of tii# i::9e of Yankee Doodle Road. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this and recommended approval subject to conditions. Community Development Director Reichert explained the location and request. She noted they are requesting to combine a platted lot with a metes and bounds parcel. There is no development proposed at this time. She noted that park dedicag6 ,s,paid on one of the lots at the time It was subdivided. Because the metes and bounds property is'nce:tei g;.sutxlNided, It will not be subject to park dedication or water quality fees. Wachter moved, Hunter s?coated s ixrotion to approve the preliminary plat for Best Brands, subject to the following conditions: 1. The developer must comply with withAja*iiii:aiiiiiiiiiions of plat approval Al,B1, B3, C1, Et, Fl, G1 and H1 as adopted by Cited action on February 2, 1993. 2. A grading, drainage and erosion control plan must be submitted with the building permit application. 3. The Developer is responsibiQ,for abandoning all wells and septic.systems according to the City and County requireme :: 4 A sanitary sewer and water main lay . plan al* be submitted with the building permit application. 5. A tree preservation plan must be subrnihed wfth0 building permit application. Aye: 5 Nay: 0 STOP SIG4 REGUEST/WI1.DERNESS RUi4D. &WEDGEWOOD DR. Mayor Egan introduced this item as stop sign reg44 receive petition and approve or deny illation,Wilderness Run Road &WedQ yocc.:Pr• ..;Administrator Hedges noted that last year,the City received a petition from adjacent property:Q �:tegcstfio;:a,stop sign at this location. A letter was recently received requesting that this item Council. Public Works Director Colbert explained the location et 0equest and noted that after analysis,staff determined it doesn't meet the warrants for a stop sign. He explained the results of the staff report,and the \f\DL\ STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS de PLANNERS TRANSPORTATION ■ CIVIL ■ STRUCT[+RAL U ENVIRONMENTAL ■ PARIQTIG './SRF No. 0952215 MEMORANDUM TO: Tom Colbert, Director of Public Works City of Eagan FROM: Frank Loetterie, Senior Transportation Planner Jeff Bednar, Senior Traffic Engineering Specialist DATE: April 21, 1995 SUBJECT: CROSSWALK FLASHING BEACON WEDGEWOOD DRIVE AND WILDERNESS RUN ROAD As you requested, we have completed a review of the subject intersection area and a suggestion to install flashing yellow beacons to supplement the marked and signed crosswalk at this intersection. Based on this review the following comments and recommendations are offered for your consideration: 1. Recommended guidelines to install flashing yellow beacons to supplement a standard marked and signed crosswalk indicate these devices are justified when the sight distance to the crosswalk is permanently restricted to less than the safe stopping sight distance, and/or the 85th percentile approach speed exceeds 50 mph. Other special conditions such as a high number of elderly or handicapped persons with crossing desires may also justify these flashing yellow beacons. 2. Based on a study of this intersection by city staff in the fall of 1993 the sight distance is adequate and the 85th percentile approach speed is less than 50 mph. Based on the data from the fall 1993 study, flashing yellow crosswalk beacons are not justified at the subject location. L J Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447-4443 (612) 475-0010 FAX (612) 475-2429 Tom Colbert - 2 - April 21, 1995 3. There are 57 homes in the Wedgewood neighborhood south of Wilderness Run Road and east of Lexington Avenue. Assuming an average of four persons per household, there may be a population in the Wedgwood neighborhood of around 230 persons. Assuming a pedestrian crossing activity rate of 15 percent during the afternoon peak hour (4:30 - 5:30 p.m. typically) there may be as many as 35 persons with a crossing desire during this afternoon peak hour. 4. The highest average daily traffic (ADT) volume on Wilderness Run Road at Wedgewood Drive in September 1993 was 1,960 vehicles. Assuming the afternoon peak hour is 10 percent of the total daily traffic volume, the afternoon peak hour volume is about 200 vehicles. 5. Based on Recommended Guidelines for Establishing Standard (non- school) Marked Pedestrian Crosswalks (see attached guidelines), which SRF developed previously for another municipality, it is found that the subject crossing meets the pedestrian crossing volume threshold and falls just short of the vehicle volume threshold to justify a marked pedestrian crossing (assume a 44 foot wide roadway on Wilderness Run Road). 6. Since the pedestrian crossing volume meets these guidelines and the 1993 vehicle volume was just below the level to satisfy the vehicle volume threshold, it is concluded that the existing marked pedestrian crosswalk is justified. Should you have any questions or comments concerning this review and analysis, please contact us. JRB:bba Attachments t) (19 RECOMMENDED GUIDELINES FOR ESTABLISHING STANDARD (NON-SCHOOL) MARKED PEDESTRIAN CROSSWALKS B cause overuse of marked and signed crosswalks can lead to driver and pedestrian complacence and actually result in higher pedestrian accident occurrence, it is important to establish marked and signed pedestrian crosswalks only when there is clear justification. Marked crosswalks may be installed at locations where a significant pedestrian/vehicle conflict exists as documented by a traffic engineering study. Crosswalks including pavement markings, signing and road pavement messages shall be installed as described in the current Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) . Generally, marked pedestrian crosswalks are justified when the average gap in the vehicular flow for any one hour becomes less than the acceptable pedestrian crossing gap for the street width under consideration, and the pedestrian crossing demand exceeds 10 percent of the number of acceptable gaps for the same one hour of the day. The following table lists a typical range of street widths, the associated acceptable crossing gap for that street width, the hourly vehicle volume at which the average gap becomes less than the acceptable gap, and the pedestrian crossing volume that exceeds 10 percent of the acceptable crossing gaps. Acceptable Vehicular Pedestrian Crossing Roadway Crossing Hourly Volume Hourly Volume Width Gap Threshold * Threshold * 28' 11 seconds 328 vehicles/hour 33 pedestrians/hour 32' 12 seconds 300 vehicles/hour 30 pedestrians/hour 36' 13 seconds 277 vehicles/hour 28 pedestrians/hour 40' 14 seconds 257 vehicles/hour 26 pedestrians/hour 44' 16 seconds 225 vehicles/hour 23 pedestrians/hour 48' 17 seconds 212 vehicles/hour 22 pedestrians/hour 52' 18 seconds 200 vehicles/hour 20 pedestrians/hour * Note that when both of these volume thresholds are exceeded for any one hour of the day, a marked crosswalk is justified at that location. VS] • • Agen4Infoittiation-,Memo ocoo-M raollarAital Abtaie May-2,.1995 E_,a'tan,city, Council Meetingo,-.. . - mmtaa t;*1 , " 0411t0 -of " , • . , Iltury , ;WAIN ; ND ; R :fid, '40, ' '00 D; • Mint -1111111111142, ...fi, 7.ziAt,x • . 4. R A 0 ,A AB ;I, PAR 4 ' "':111A-1(.1"."'14-tiVA _K DOO _ 4.. RfliS AN11.0RAPP ESTH.Ii ''1* fPrrvilltAff../A ACTION TO;DV,CON$01$10D: -• 1. TO, approve. or deny.a.shOw-4,licentelOr.the, ,:an! ee:Doodle se approredfltshoiltifliA:&itiaitkipon: of an e•n'S -d 41.iMentati• volt. - 4 • , RierrY43' 4.'"44":f" ' 1403k7,414 4,1,V4494t#4...41 2. To-approve or deny the reqiiest- to wakte),Ihe fe.- wite e,showettik‘t kejlitnose Doodle Attt and CrafTs FeStival. 3. To approve or-deny.,the vaiiOnce-teqUeSt for recreational vehicle parking for the Yankee Doodle Arts,and Crafts Pesfiv.al. FACTS: • The yal.*009-041*-4sts-and C Fetiyi nake-4-rit:of:011in local, , , :4Z-.• re091*4119t 44.99,041 4:3'.".. ,441P‘.:V141, kPitfig).111eir.worgsf4tpitipitRAnnzymeRtApi,„§we; This year, it is s'ohedUled'fdir'June 24 and June 1995, on the soccer fieid area at blue Cross/Blue Shield • The Festival is a collaborative,effort involVing-a nuinher-O organi*atiOns, fldividLais • • The Policepepartni ent has.reviewed theshowt,lidenSe ap-plication,and:given approval from that perspective. • The requeSpO:waivel,e-esingudes;,the$0401400,:L fm fgefaiit404#0.40,43:70-otronifee: This issue wa,S1,drittnitik i.afS"'edAik,Ois *nd4'illa`orP'Orated'KyAhet'-•WP'p1icadt, • The cityt,Ct pro-00 are not eXpeetiiitiMore-than Six Of thole.tuitts. • A similar reqtEest. for Gopher.s.-tilootrotti904-0.0:004,011frot a0(11'040pfrisiddrod-and approved on May 3, I9'94, for parking in the A/Wart Pail:141ot .• - - ••, , . , ! • ortal.4 ttl4iiixrtvAdi atti.4.1'44), 44,0itriliteriAteirio- ife -00,-RittaritftiVovicjt Mtetjtyg - leamitA tiwitio3 1/71,Q oeka ;:'e;tS .fW • Rqu e e es Probably Prece Oth - 1110"traiipliip`a ons..; fees have no p*O„Us4 :dect in'-kindf inethe '01%01(10 NtS •..... ........... c and. 1 -4r-ArfffTifitiri,ferr41787":'s Lice se " .0‘4P ge'rekumwe441.er IMP°4 1014 " 1/1"4144 44. '.1 • e er from Pa sy ch oeder d i A de son 914 ue „. , vafflaitot,err_ tii *him *it to* -tot -avlithltp . isvosal. afts17) bat zikik 04404 taohlet -a* ult. 4ailkaa attithaq isivoititgraoan .44 :Viown $01.161V‘v ;sib ylzibto OVI)1419$ *I .134■141111 teliaia hos Vzik •arttA viitoutifir too *- illanitt t z ; ti A bn, xtv, 06014 if" for .$1.4 hue tolkistottie Oldvot terk-,4ra- I svt sizaairtat itutoint11 S:016 iseeletri ,soltrogge) 14r)/(Witma .04208 C 4:mit f.3%.4 tt.tte. 1* iltthittpitia .1.11robisvitli bat Actiokrati4saili wort-onel itarglir,-tti rt4tt. witoodatixt it vitatil airt * rA ciift tawripot tat b noitAmiciro umnif*,?,,tdira ± 0..;*Avt,r,,frrt t,A kitotsttilst1•x4y1'oil' • r _wirwroxii stb Luta *it skalsoilcqz 411 ants.11:9“4 aaal svirro inaps's etiT ,taa4figno agt t.:.1stomon...t ,?;na ainai WOH11110 aclot stgiort aktgitail ifiwirtiorr'*1 a &S ditlitfout 441 .• W41 AtratilmOt flA 'WE tug ataei entirklir kvito/141 a ru itp rtOirtaff0.414 ernatAte,/01 itttr.Nwrq .26tu: oft* xri tote slain*** to* • has bina4apaaort tutkibgió letrektailo awyr,po-airec,c,x1 014.1? ficr..0 If*itmwal ulimcia * tte-,0kW t.tt atwii**J4i.1 ttif yAW, bevoiqqa t). .01/ One% Yankee Doodle Arts 6c.Crafts Festival 1565 Cliff Road,Suite#3-188 FESTIVAL. Eagan,Minnesota 55122 • (612) 432 3681 or(612) 432-3694 YANKEE DOODLE ARTS AND CRAFTS FESTIVAL INFORMATION Ev nt: YANKEE DOODLE ARTS AND CRAFTS FESTIVAL Dates: June 24 & 25, 1995 L cation: Corporate Grounds of Blue Cross/Blue Shield of Minnesota , Located at the intersection of Yankee Doodle Road and Highway 13 K y people and organizations involved at this time: Patsy Schroeder & Jill Anderson: Directors, Yankee Doodle Arts and Crafts Festival Ann Carlon: Eagan Convention and Visitor 's Bureau Dan Aberg: Northern Dakota County Chamber of Commerce Sharon Zauhar : Blue Cross/Blue Shield of Minnesota Dick Hesby & Paul Axtmann: Marriott Corporation Ken Vraa & Dorothy Peterson: Eagan Park & Rec. Dept. Each key person and organization is handling a different aspect of the Yankee Doodle Arts and Crafts Festival , making this a joint effort in bringing this event to the City of Eagan. We are also in the process of planning a pon- d nomination Sunday morning church service on the Festival ite. We are hoping to bring the Eagan Ministerial As ociation into play with this portion of the event and have b n in contact with Pastor Jim Borgschatz of Easter Lutheran Church as our key person with this portion of the Festival . continu d M Description of Event: The Yankee Doodle Arts and Crafts Festival will b an annual event featuring local , regional and national artisans exhibiting their works for public enjoyment and sale. The festival is an outdoor rain or shine event which includes live entertainment , family oriented games, art activities, food and hopefully a Sunday morning church service. The Yankee Doodle Arts and Crafts Festival will be set up on the soccer field area at Blue Cross/Blue Shield with the artisans having individual tent/canopies as well as Marriott setting up food tents . A family activity area with games and fun booths will also be on site. A Saturday afternoon and evening concert is being arranged by the Convention and Visitor 's Bureau and will be promoted by the EDGE Radio Station. Staging and sound equipment will be brought in for this outdoor event . A Beer Garden, which would be run during the concert, is a possibility and is being investigated by the Convention & Visitor 's Bureau , Blue Cross/Blue Shield and Marriott . There will NOT be a carnival , pony rides , or similar vendor services at this festival . The main focus of the Yankee Doodle Arts and Crafts Festival is the arts and crafts portion, with the other added activities to enhance the family atmosphere. Other : The Yankee Doodle Arts and Crafts Festival is to be a professionally run event which will reflect favorability upon image of the City of Eagan. Meetings and details are being handled at this time and there is a joint effort to involve as many organizations and sectors of the business community as possible . It is expected that The Yankee Doodle Arts and Crafts Festival will become the premier arts and crafts event for the South of the River area . We anticipate yearly growth in the attendance of both the artisans for the arts and crafts portion as well as the general public, and we look forward to working with the City of Eagan in bring this event to the community for many years to come. ************************************************************* °� ,WE © tE O U . Yankee Doodle Arts &Crafts Festival . ! ;.. p. g 1565 Cliff Road,Suite#3-188 �1 ; APR 13 ' � ' `� Eagan,Minnesota 55122 ✓'11 agile (612) 432-3681 or (612) 432-3694 1J X11 . April 6 , 1995 Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55124 Dear Tom , This is a letter regarding the Yankee Doodle Arts and Crafts Festival , which is to be held on June 24 & 25 , 1995 on the corporate grounds of Blue Cross/Blue Shield of Minnesota . The site is at the intersection of Highway 13 and Yankee Doodle Road , Eagan . __ O We are requesting that the City Council waive the event `` t1� � fee of 32!15, plus the *50 investigation fee for the Yankee 0S4' Doodle Festival . With our combined efforts and sponsorship 04- involving the public and private sectors of the community we feel that this is an appropriate request to be granted . There will not be on-sale beer at this event , so there is no need for a beer license . 0.4%`� We would like to also request .. variance from the code O •parking restrictions which will allow RV or similar vehicle parking on an overnight basis on June 23, 24 and 25 . This is for a designated area of the south parking lot of Blue Cross/Blue Shield of Minnesota 's corporate facilities . The parking would be for artisan vehicles throughout the two day Festival . We have a few artists coming from outside the Minnesota area who will need to park their trailers or RVs near the festival site . This is a common practice with arts and crafts festivals and one which we need to handle through City Council . We will both be unavailable be phone until after April 17 , but will be able to address any concerns you may have in regards to our requests , at that time . Thank you for your continued support! 5' cerely , sCe.00,414;k40-gt,\../ Pat y Schroeder & Jill And son Directors , Yankee Doodle Arts and Crafts Festival l g.--- 1 SEC. 10.52. PROHIBITED USE AND PARKING OF MOBILE HOMES AND RECREATIONAL CAMPING VEHICLES. Subd. 1. Definitions. The terms "mobile home" and "recreational camping vehicle" shall mean and include the following definitions. A. "Travel Trailer" - 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. "Pick-up Coach" - 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 dwelling 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 Acts. A. It is unlawful for any person to park a mobile home or recreational camping vehicle upon public or private property for human habitation except in a licensed mobile home park. (1-1-83) 251 B. It is unlawful for any person to park or store a mobile home or recreational vehicle in the setback area of any property in a "Residence District" for more than seventy-two hours, and in no event may such mobile home or r creational vehicle be parked within fifteen feet of the improved portion of any roadway. For the purpose of this provision, the term "setback" means within fifteen feet of th improved portion of any roadway. Source: City Code Effective Date: 1-1-83 (Sections 10.53 through 10.98, inclusive, reserved for future expansion.) \ PAGE 2/EAGAN CITY COUNCIL L MINUTES 00122 MAY 3,1994 1,Sentence 2,be changed to read'She then stated since Terminal Drive is mainly a private drive used by companies with truck Tarn; and the property owners understand they run the risk of paying for reconstruction when the road deteriorates, that she is comfortable in leaving Terminal Drive at its present condition.' Hunter moved, Wachter seconded, a motion to approve the minutes of April 19, 1994 regular City Council meeting as amended.Aye:5 Nay: 0 Mayor Egan requested that the Much 22, 1994 Minutes of a Special Meeting of the CSty Council Page 1, Introduction, Paragraph 1,Sentence 2,be changed to read The meeting was held to continue review of the South Dodd Road development options,as well as other items that were deferred at the March 15,1994 work session....• Wachter moved,Hunter seconded,a motion to approve the March V,1994 minutes of a Special Meeting of the City Council a<amended Aye:5 Nay.0 •kixx4.{•n1•.4.xm—W Mr.David Cavallaro,representing Gopher State Expositions,explained his request for the Council to allow travel trailers in the Walmart parking lot for approximately 6 days for carnival purposes. He further explained that be had drafted a letter outlining this request to the Counal Mayor Egan notified Mr.Cavallaro that this item was later on the agenda,under the Administrative Agenda. Mr.Cavallaro added that be was told to appear before the Council under Visitors to Be Heard section between 6•.30-7:00 p.m. Mayor Egan stated that two actions were required; one was a motion to reconsider, and if the motion to reconsider was passed,then the second motion would be to reverse action taken at the April 19,1994 Council meeting. Mayor Egan requested what the stars anticipated protocol for this request would be. City Administrator Hedges responded that in consideration of Mr. Cavallero,the City Council could entertain a motion for reconsideration,and if there is a motion for reconsideration,then the Council would need to determine whether the agenda should be adjusted or to have the applicant return later under the Administrative Agenda. Cotmalmember Hunter noted that after reading Mr. Cavallero's letter he felt that it changed the scope of the problem in his mind sufficiently that he was willing to make a motion to reconsider. He cited his reasons being that the company was only asking for six trailers,when he was under the assumption that there would be more,and that the trailers would be self contained, of which he was not previously aware. Coundlmember Hunter made a motion, Egan seconded, a motion to reconsider Gopher State Expositions, Carnival at Walmart Parking lot.Aye:5 Nay: 0 Councilmember Awada questioned whether it was true the Fourth of July celebration allowed trailers on site. City Administrator Hedges responded that it was correct. Mayor Egan stated he agreed with Coundlmember Hunter,based on the letter presented by Mr. Cavallaro. Wachter moved, Awada seconded, a motion to approve the Gopher State Expositions, Carnival at Walmart Parking lot, allowing travel trailers in the Walmart parking lot during the days a carnival is in existence in the parking lot of the Walmart Store. Aye:5 Nay.0 • A representative of Gopher State Expositions stated that cities should consider that a carnival or a circus is a self-contained business, and thanked the Council for their approval. PWRIATAW. Mayor Egan introduced Sheryl Casey,serving on behalf of the City of Eagan for the Dakota Alliance for Prevention. City Administrator provided brief introductory comments,noting Ms.Casey is a resident of the community who has been active in a amber of volunteer matters. AgendaInfOrmation Memo • May 2; 1995 gaga'''.City Council Meeting B. Pal% MNLDBVEIORENT & •PRBLEVIINARY §#13157wT4175 ;VOirtill-TEITECaVr ACTION TUBE CONSIDEgED: To,approveor cleny aTrOlittliWiame.442/evel9pment,,co.41tOppfa 7;000-sq. ft:, 300 seat class 1 restaurant,for Lot 1,131pek:1La 0,104$4. ft,414-4eatilifiner theater, for Lot 2; and a 19,500 Sq. ft. two-story offioe building for Lot 3, subject to the conditions in the staff report. • To approve or cloy the associated,prelitnipaty subdivision o,f4hree.los.for:theSafari at Eagan 3rd Addition located north of Cliff Road and east of Thomas Lake Drive, subject to the conditions in the staff report. FACTS: The it Coil con:W00# leclOcvelOrnent,fht thiS.site at its meting of March 21, 1995. FOrtunC.Xcalty requested the,itethib continued order to address the . issues by which the AdVisory Planning COMmis'Sion reoonmiefided • Fortune- Realty has developed a revised plan that includes a restaurant, movie theater/ restaurants and-amCdidal'offtal_e building. • Th0-AdViSory Plan .g.CoimnisonVridocted*gublig,kOngAppiisOtoP:4014 at its meeting of April.25;105. The Advisory PAnningi-COT*4104f.*COinli041,iternalVf the revised development prOpOsal,on the basis that it is 01r too intense 4:-use of the troperty. The Commission recommends denial of both'the Pretiminby Maimed.DevelOrnent and the Preliminary Subdivision. The Advisory Planning COPTilti,k400 alsc,rOoOrrmends'that the City Council set a public hearing to Oonsideribe termination of the Planned Development and/or consider a rezoning of thesubject property to,a leSs'intensiVe use. ISSUES: , • Thevookk*:of iittp;-- orsitt,s00,46ppOy.-cotteHglAtilt:eta 11;41#*Ake movie Weal er/teffiatteant 1).0,01cigifeilt._,-Ottvietpifiteys:piet tRilt*Wrivilt:Of AO'site with one restaurant OzttbAgOuth.,.:etc1VatiadOnt44;4:0pR.TogiOull ii:`,:see:mitt-tit)0„14t0:10.,keeping with the ge.n041"diVAP:§ioi):0-tilei,koitikali*Iftpt4t#014%terenidosol-•*AO Council may want to c6hat*:g.i-44111040010001,,i0-fieifilitatitin' ofUfe type of tireligityitif development that would be acceptable on this site should the Council determine to deny the current proposal iw under consideration.c onxTst (0( BACKGROUND/AT Planning CotornisMonoinutO,S:ohiptil 25, 1095-pa$e4t stoltopti .;..110-0-kLaakditt'LQ..., SENT BY: 4-27-95 ; 1:42PM ;SEVERSON WILCOX SHEL-' 812 881 43604 7/21 Paso 6 Apii123, 1995 ADVISORY PLANNING COMMISSION PUBLIC HEARING FORTUNE REALTY/SAFARI AT EAGAN 3RD ADDITION -PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION Chairperson Miller opened the first public hearing of the evening regarding a Preliminary Panned Development for an office, a theater/restaurant,and a restaurant, a Preliminary Subdivision for three lots on a total of 7.7 acres, and a Conditional Use Permit to allow the sale of beer and wine for the proposed Lot 2, Block 1, Safari at Eagan 3rd Addition located north of Cliff Road and west of the Thomas Lake Shopping Center on Outlot A, Safari at Eagan, in the SW%of Section 28. Project Planner Tyree introduced this item.Ms. Tyree highlighted the information presented in the City staffs planning report dated April 18, 1995. Ms. Tyree noted that this item was set on for public hearing at the February 28, 1995, Advisory Planning Commission meeting. Ms.Tyree stated that the Commission recommended denial of the proposal based on its noncompatibility with the adjacent residential use,the excessive intensity of the proposed use and the lack of any sight plans for the remaining use of the subject property.Ms. Tyree further noted that the applicant, at the March 21, 1995, City Council meeting, requested the item be continued in order to more adequately address the issues raised by the residents and the Advisory Planning Commission. Ms. Tyree noted that the present proposal is a revised sight plan which now includes a proposed medical/office building to the north abutting the residents to the north and only one proposed Class I restaurant,in addition to the Cinema Grill restaurant/theater. Ms. Tyree noted that the intensity of the development has only been diminished by the suggested use of an office, and not in the reduction of buildings or uses. The applicant,Byron Watschke, stated that the development is pursuant to a PUD entered into in 1973 which has been carried through and almost completed. He noted that the adjacent residential uses were originally intended to be higher density with original PUD but has since been revised to the present residential use.He stated that the revised plan has improvements to the original plan,emphasizing that the medical/office building is now proposed to be next to the residential border,as opposed to the Cinema restaurant. Mr.'Watschke noted that the revised plan attempts to address all of the concerns of the neighbor and noted that the developer"could have developed it a lot differently than proposed. . .we could put in a bowling alley,hotel, or grocery store..," Gary Krueger,a resident at 4532 South Mallard Trail, spoke on behalf of the Thomas Lake homeowners group. Mr. Krueger stated that the Commission denied the proposal at the February meeting because the proposal at that meeting did not specify I ( SEND' BY; 4-27-95 ; 1;42Pad ;SEYERSON W I LC1OX SHEL-t 612 681 4380 8/21 Page 7 April 25,1995 ADVISORY PLANNING COMMISSION other uses and the proposed use was too intense for the surrounding residential uses. He stated that the only change to the revised plan is the addition of an office building,as opposed to a third restaurant He stated the applicant has failed to listen to the concerns expressed by the APC and the residents. He further noted that the applicant has no e Omitted tenants except Cinema Theater. Mr. Krueger ArAtescsied the Commission to recommend termination of the Planned Development Agreement or revise the Planned Development Agreement. A resident of 4500 South Mallard Trail expressed concern regarding the existing garbage pickup time,6;00 a.m., at Life Time Fitness. She further expressed concern regarding Life Time Fitness garbage laying in the homeowners property, in the tree lines and in the drainage pond. Finally, she expressed concern regarding the intense traffic problem due to Life Time Fitness which will only get worse with the proposed uses. Another resident of 4500 Thomas Lake Road stated that he does not object to the proposed development but is concerned about the traffic control in the area. Carl Dale, the applicants planning consultant, advised the Commission that Life Time Fitness has agreed to lower their parking lot lights. Another resident from Woodgate Townhomes, at 6029 Walnut Lane, stated that the Townhome Association members have the same concerns as those expressed by, the Thomas Lake group. Member Miller advised that the Life Time Fitness issues must be divorced from the present proposal, but acknowledged the neighbors distrust for the developer's promises.Member Miller opined that the biggest concern is presently the parking issue. He noted that the original plan,prior to the development of Life Time Fitness,was to provide a movie theater,restaurant and health club, but now the developer is proposing the health club with a cinema restaurant, a second restaurant and an office building. Member Miller opined that the elimination of the parking problems or concerns can be caused by elimination of one of the uses. Member isberg stated that he still has concerns with the intensity of the proposed use on the subject property which is located next to a residential area. He further noted that the revised plan has not alleviated his concerns.Member Isberg suggested that a down zoning of the property may alleviate any future problems of whether the use is too intense for the surrounding area. He stated because the proposed uses are not compatible with the residential area, he disfavors the proposal. Member Hey! concurred with Isberg regarding the use intensity. She emphasized that the AFC's focus at the February 1995 meeting was the intensity of the uses on the subject property and that the Commission ( 11 SENT BY; 4-27-95 ; 1:4311d ;SEVERSON WILCOX StiEL-+ 612 681 4360;4 9/21 Page a April 25,1995 ADVISORY PLANNING COMMISSION suggested that two uses be developed. Heyl stated that she disfavors the proposal,but does not agree with a rezoning. Member Burdorf stated that he concurs with Isberg and Heyl, noting that the Cinema Grill is a good idea but a wrong use for that area. Member Carlson inquired with staff as to whether the applicants proposal meets all of the Zoning Code regulations and City standards.Project Planner Tyree advised that the proposal does meet the minimum standards. Carlson then stated that if the proposal meets the standards then the Commission cannot deny the proposal. Community Development Director Reichert explained that the site is currently a planned development and the applicant is requesting an amendment to the planned development. Ms.Reichert further explained that a planned development allows the City more discretion with respect to the specific proposed uses as opposed to straight zoning which the City must approve use if permitted within the zoning district. Member Miller opined that the proposal does not promote or protect the residents welfare, safety or quality of life. Member Hcy1 moved,Isberg seconded, a motion to deny the preliminary planned development amendment for the reasons discussed above. All approved in favor,except Member Carlson who opposed. Member Segal moved,Heyl seconded,a motion to recommend denial of the preliminary subdivision for the reasons stated above. All approved in favor, except Member Carlson who opposed. Member Segal inquired with City staff as to the feasibility of conducting a study examining the appropriateness of down zoning the subject property. Community Development Director Reichert advised that the area is presently zoned planned development,but the planned development agreement has since expired. She stated that a public hearing will be needed for City Council to terminate the planned development or to rezone the subject property and therefore the Commission may request City Council to consider those issues. Member lsberg moved,Carlson seconded,a motion to recommend to City Council to set a public hearing date to consider the termination of the planned development and/or consider a rezoning of the subject property to a less intensive use. All approved in favor, except Member Heyl who opposed and Member Segal abstained from voting. • ?' MEMO city of eaaan TO: Chairman Miller • Advisory Planning Commission Members FROM: Shannon Tyree, Project Planner DATE: •April 18, 1995 SUBJECT: Safari at Eagan 3rd Addition. INTRODUCTION A revised proposal has been submitted for the Safari at Eagan 3rd Addition. The purpose of this memo is to provide some of the recent history of this project, a review of the new proposal and the issues associated with it. BACKGROUND The Public Hearing for Safari at Eagan 3rd Addition was held at the February 28, 1995 •Advisory Planning Commission meeting. At that meeting residents from the surrounding neighborhoods expressed their concerns regarding: 1) light intrusion; 2) height and light poles; 3) failure to lower the Williams pipeline; 4) traffic congestion; 5) food odors; 6) mixture of family theater with alcohol; 7) increase in crime 8) increase in late-hour noise; 9) incompatilbilty with surrounding residential uses; 10) unsightly berming; 11) location of trash receptacle; and 12) required improvements for ingress and egress of subject property. In addition to the neighborhood concerns, the Advisory Planning Commission recommended denial based on its conclusions that the proposed use is not compatible with the adjacent residential use; that the proposed development is too intense without a "concrete proposal"for the remaining Outlot A; that the proposed use is not consistent with the conclusions of the Commercial Land Use Study; and that it is the Commissions role to consider long-term planning. It was indicated at that meeting that the proposed use may be a good idea for the City but, perhaps is proposed in the wrong location. At the March 21, 1995 City Council meeting, Fortune Realty requested the item be continued in order to more adequately address the issues by which the Advisory Planning Commission recommended denial. (.9 Safari at Eagan 3rd Addition Page 2 PROPOSAL Fortune Realty has modified the original plans (Exhibit A)by proposing the following uses: Lot Use Location Rea'd Parkina Parking Provided Lot 1 Class I restaurant abutting Cliff Rd. 100 103 (+3) 300 seat, 7,000 s.f. Lot 2 Dinner /theater west of Thomas 140 151 (+11) 420 seat, 12,100 s.f Lake Road. adjacent to west neighborhood Lot 3 Office Buildino abutting north 104 104 2-story, 19,500 s.f. & west residential neighbors Total 36,000 s.f. 344 358 (+14) The proposal now includes a potential medical office building to the north abutting the residents to the north and only one proposed Class I restaurant, in addition to the Cinema Grill restaurant/theater (Exhibit B). All of the uses meet the required onsite parking, however the developer is proposing to incorporate the use of cross parking easements, including the existing health club. On street parking has been occurring on Thomas Center Drive as a result of the health club proprietor requiring his employees to park on the street. Fortune Realty has proposed cross parking with the health club in an effort to eliminate this identified concern of the neighbors. Additionally, the City is currently in the process of identifying and analyzing on street parking in all areas of the City, including this particular location. The results of that study are forthcoming. Fundamentally, the layout of the 7.7 acre site has remained the same (i.e. the proposed ingress/egress points on Thomas Center Drive, the basic building locations, and the use of parking along the western portion of the property). The major difference with this plan versus the original plan submitted is that the total remaining number of, and specific uses, have been identified. The introduction of an office building on the north portion of Outlot A is new. The office building is located at the minimum 50'setback from the north property line. The Cinema Grill has been located in the center of the three proposed uses and a restaurant is proposed for the southernmost lot. The developer had implied earlier that three uses would be developed on Outlot A. The plan also shows the .82 acre easement area needed for the pond and the future turn lane location for Thomas Center Drive. a � Safari at Eagan 3rd Addition Page 3 A report prepared by the developer (Exhibit C) as a follow-up to the approximate twelve concerns and issues raised at the Advisory Planning Commission meeting (outlined in the Background section). The developer, Byron Watschke, also requested that his letter dated April 3, 1995 be included in the staff report (Exhibit D). OPTIONS The basic issues before the Commission and Council are; (1) are the proposed uses appropriate for the site and its location in the community? and; (2) is.the specific arrangement of the uses appropriate for the site? ANALYSIS As previously outlined in the February 23, 1995 staff report a reduction not only in the intensity of the uses themselves, but the number of uses might be the way to be more consistent with the development of a Neighborhood Commercial district(as outlined in the Commercial Land Use Study - Interim Report Working Policies). When recommending denial of the proposed Preliminary P.D. the Advisory Planning Commission expressed its concern with the use of a theater/restaurant in this particular area as too intense for the Neighborhood Commercial District. As the plans indicate, the developer is still interested • in developing a movie theater/restaurant as one of the three uses for the remaining 7.7 acres. The intensity of development has only been diminished by the suggested use of an office, and not in the reduction of buildings and uses. A reduction in the amount of individual buildings on site would have allowed for more flexibility in design. For instance, what has now been proposed as the office building could have been shifted south away from the affected neighbors hopefully reducing their • impact, and providing more green space on site. The current proposal does not accomplish this. The developer believes he has responded to the residential neighborhood's request of developing the north portion of the property as an office use, perhaps a medical office building. The specific architectural design and the height of the building are not known at this time but would be required for Final Planned Development approval. SUMMARY AND CONCLUSIONS The land uses are basically the same as the first plan, with the exception of the office building. The uses of the Cinema Grill and the Class I restaurant have not changed. The actual layout of the buildings have not been significantly modified in any way other than to show the use changes. As far as any modification to the building layouts, only slight reductions in size and seating have been changed. Only minimum standards have been met with the proposal. a ( • Safari at Eagan 3rd Addition Page 4 As for the issue of reduction in intensity, the proposal still incorporates three separate uses. The current zoning of the property is PD - CSC although the Planned Development has expired. No action has been taken by the City Council to formally terminate the Planned Development. If it determined that the proposed uses and the site arrangement are acceptable, approval of a new preliminary planned development would be appropriate. If not acceptable, consideration should be given to terminating the old Blackhawk Park Planned Development, which has expired, and giving the remaining vacant land a straight zoning classification. ACTIONS TO BE CONSIDERED The actions for Commission consideration are: a.) to recommend approval/denial of the proposed Preliminary Planned Development consisting of a 7,000 s.f., 300 seat, Class I restaurant for Lot 1, Block 1; a 12,100 s.f.,420 seat, dinner/theater for Lot 2, and a 19,500 s.f., two story, office building for Lot 3;and b.) to recommend approval /denial of the requested Preliminary Subdivision of three lots for Safari at Eagan Third Addition. Approval of the Preliminary Planned Development shall be subject to the following conditions: • 1.) The Preliminary P.D. shall consist of the following: a 7,000 s.f., 300 seat, Class I restaurant for Lot 1, Block 1; a 12,100 s.f.,420 seat, dinner/theater for Lot 2, and a 19,500 s.f., two story, office building proposed to be located on the current Outlot A, Safari at Eagan 2nd Addition. 2.) The term of the Planned Development shall be 5 years. 3.) The future development of each Lot as specified in the Preliminary Planned Development shall be required to submit and be approved for the following plans: * Final Site Plan * Final Building Elevation Plan * Final Signage Plan * Final Landscape Plan * Final Lighting Plan * Final Pedestrian Plan 4) The development of these plans shall have specific conditions related to each of the specific plans and those conditions need to be met prior to any continued development within the Planned Development. Approval of the Preliminary Subdivision shall be subject to the following conditions: 1.) The subdivision shall be reviewed for compliance with City Ordinances and the developer will be required to submit the following plans : * Final Plat * Final Grading, Drainage and Erosion Control Plan * Final Utility Plan 1 a o- 10.111.• -- _�..41.::n:LL_':Y' "----- :or..�, wq ow.= • �....w • S LISMI wt/M+tti!t NM� • /S own• • WI IN •1" • mKw�p•ut • 1 i . 1 GM On WOW. ..1.■••:....... _ _ ;II• II 1 i I t i1 I I+ �\ •\ ,t .-T-- ?■,. ,,\•\\.\\ , I. -- - ii \ 1 �� ., Ps • ....rte. - , ! t•,t. i. 1 ...ill I• • I ..,\ CCI 111 i. t 1 ,} .:� �'t...:... 1 411 n 1 �i 1 } r 1 I t\\,rr., %\t;,., .:�-I r:. , 1 \ik. t• �.....1 1 'tits\V't t t'ri'g', ‘11. :.' \ 1 ilkliiii.lititillil I. I •I:Iii.wir \: ' \ \ 1• • 11 - \ �\ f : _ • I i , {-II�.., ... 1 ,,L .T: • \:--1' ' g!, ;I. 1)'' # Al I - , iti4 di '11 _ . j o j : J���.�. ago awe °lift qd&h.■.,. 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Dale , Planning Consultant for Fortune Realty Subject : Proposed Plan for Final Development- Safari-at-Eagan , 3rd Addition. This Report is a follow-up to prior communications , a response to City Staff Report dated 2/23/95 , action by the Advisory Planning Commission (2/28/95) , and some suggestions for discussion at the • APC meeting scheduled for April 25 , 1995 . A. Response to Planning. Commission and Neighborhood Concerns 1. Negative Reaction to Health Club as Built. To a large degree, some of the concerns seem quite valid; in particular , the parking lot lights are inappropriate (foot candle light intrusion and visible bulbs) for location near a residential area and , in fact , are not in conformity to final plans sub- mitted in the process of final Plat Approval . Other expressed concerns have to do with parking , parking lot grades , traffic and parking on Thomas Center Drive , berm height and planting , and changes in storm water ponding (smaller sedimentation pond) . None of the concerns expressed have been caused by the current Dinner Theater Applicant ; development plan changes that are the primary source of con- cern were made after sale of the site (and all Plan conformity obligations) to the current Health Club owner. Some of the concerns can be alleviated by : a) Establish a parking ban on Thomas Center Drive (the public purpose of streets is to carry traffic- not park cars) . b) Require parking lot lighting modifications for conformity to acceptable environmental standards . (Some lights at the Thomas Lake Shopping Center should also be modified) c) As part of the current Application (Dinner Theater) , direct plan emphasis to berm beautification (portion west of Health Club) on residential side and sound abatement on commercial side. 2. Proposed Dinner Theater a) Light Intrusion and Height of Light Poles . Assurances have been given that lighting can and will be planned , installed . and operated to eliminate any reasonable objection from adjacent and nearby homes . In addition to various legal requirements , the Applicant has agreed to citizen partici- pation in developing final lighting plans and inspection • during construction. b) Failure to Lower Pipeline . The pipeline is not being lowered for the following reasons : 1) Extraordinary costs involved . 2) Lack of excess soil deposit sites (due primarily to -1- 1 governmental restrictions on filling of low areas) . 3) Much- better parking lot grades can be established with adequate grades on approach drives via "terracing" . 4) Eliminates need for very large retaining walls along the north and west property lines . 5) Quite adequate buffer/screening areas can still be provided . 6) Actually , a more interesting and visually pleasing develop- ment can be accomplished. c) Traffic Congestion . A traffic study has been done and we agree with all of the conclusions and recommendations. My comments ' are: 1) A traffic signal will be required at Thomas Lake and •Cliff Roads regardless of any demands created by further develop- ment in this PUD area. Once installed, north/south traffic on Thomas Lake Road will not utilize Thomas Center Drive to take advantage of the existing traffic signal. 2) Added traffic and parking needs are now being generated by Health Club members comming from Woodbury on a temporary basis pending completion of a new Club in that Community. 3) Residential streets are not adversly affected. 4) Removal of parking on Thomas Center Drive will provide for more than adequate traffic flow. 5) An added turning lane on Thomas Center Drive at %liff Road • is probably a good idea in any event . 6) The traffic study does not indicate any incorrectable level of "congestion" that is not acceptable to sound public poll : d) Food Odors . The Applicant has agreed to install adequate fan vent filters to eliminate this as an issue (it is noted that most restaurants do not install odor filters simply because they usually are not required to do so ; I am informed , howeve: that this situation is rapidly changing due to environmental concerns . ) e) Mixture of Family (with children) Dinner Theater with Alcohol (beer and wine) . This is not an unusual, situation (even when "hard liquor" is served) in Eagan nor throughout Minnesota and has not been for many years. It is not clear why such an objection could be made to the specific use proposed and not to the hundreds of existing restaurants in the Metropolitan • Area. In any event , there have been no "problems" at the existing operation in New Hope, Minnesota. f) Increase in Crime . This problem simply does not exist as can . be proven by contacting the Police Department and other public officials in New Hope (location of similar use) . Crime problem= noted at another "second run' Theater have been investigated and found to be of external causes and forces not even' remotely associated with the currently proposed Dinner Theater use . g) Increase in Late-hour Noise . 1) The berm and west line planning is designed to minimize any potential noise from the usually diminished number of patron -2- a C leaving near midnight on any evening. 2) The pipeline not being lowered does not diminish the ability to protect nearby homes from unreasonable sound 1 or sight intrusion. 3) A new plan has been developed (see attached) to move both the Theater building and its parking further south leaving room for construction of an office building (or other non- late hour use) and its associated parking along the north property line. The only real noise (and view) concern remains that for the 4-plea dwelling unit on Hickory Drive whose upper floor windows currently overlook the entire project area (partial due to the fact that this area is devoid of significant vegetation common elsewhere on a "strip Outlot along the west property line) . Thi's problem can be removed by a small berm up at this location and perhaps along the entire west line as dis- cussed with City Staff during a field survey. Even without berming up , the parking lot paving will still be approxi- mately six (6) feet below window view line-of-sight which is further blocked by a six (6) ft. fence above the windc-- h) Incompatibility with Surrounding Uses . In terms of land use and zoning , incompatible uses are those that cannot reasonably co-exist together or in close proximity without conflict injurious to the public health , safety , morals (sometimes applicable) , or general welfare. Land uses that cannot "get along well" together or exist in "harmony" are usually determined by a measureable set of "performance" standards involving environmental damage , human health and safety , access to solar energy, impairment of property values , obnoxious or harmful odors , glare from lights , • smoke and fumes , excessive traffic, and the like . It is always difficult but not always impossible to place homes near commercial without some "perceived" or actual objection. In our opinion, extraordinary efforts have been taken to protect nearby homes from "actual and measureable". threats to compatibility or "harmony" . In the case of the Health Club , an actual and measureable "conflict" does exist (parking lot lights shining onto nearby homes but still correctable) . The fact that a portion of the Health Club can be "viewed" from some nearby homes raises a question as to if similar objections would be made if it -was an "office" building . Our plans are to completely block the view of the Theater, parking, and parking lot lights in addition to noise contro i) Unsightly /terming. It is agreed that the "appearance" of the berm on the residential side can and will be improved . without a berm, however , residential uses would be exposed to noise and a view of "commercial" buildings and parking regardless of the specific use . 31 5 • I j) Location of Trash. The City has quite adequate powers to assure against any "problem" (including type, rodent control, location, •etc. ) regardless of land use. • k) Road Improvements. The traffic study indicates that such improvements will eventually be needed even if a dinner theater is not approved. 1) Need for Total Site Plan. The current Plan proposal sub- . mitted herewith indicates a specific use for all of the land from north to south: lot No. 3. - Space for "office" and associated parking or other non-late hour operations use. Lot No. 2 - Dinner Theater. Lot No. 1 - Restaurant . - Storm Water Ponding Area. (Easement) As originally proposed, there will be common useage of parking and private drives throughout the entire (including Health Club) project area via easement , contract (City and all private parties) , and PD conditions which have a force in Law. • Examination of operating hours and the various parking needs would seem to eliminate all problems associated with peak hour parking .needs . Another solution (see enclosed) was considered that involved moving the Dinner Theater south and allocating land for more Health Club parking; that solution has b en rejected since the Health Club• owner is of the opinion that parking is "adequate" and meets "legal" requirements ; any additional parking should be met by "shared" parking with adjacent uses . It is our belief that this view can be accommodated by our most recent (this report) Plan • proposal. • m) Proximity to Schools . We are at a loss to understand the specific nature of this objection. B. Response to City Staff Report 1. We suggest that a "PD" approach is still valid, allows flexibility for Plan 'features such as shared parking and drives, and gives maximum City controls over conditions of development and long-term useage/property maintenance standards . 2. We question the complete feasibility of "Neighborhood Commercial Nodes" especially as may be• applied to this existing and partially developed commercial area for various reasons including but not limited to the following : a) We are not aware of many (if commercial uses that can survive today by relying on a one mile service area radius . "Neighborhood" shopping centers in a single building have -4- o, p fallen on "hard times" as evidenced even by the existing Thomas Lake Center with a low parking demand and various uses clearly extending goods and services=beyond a one mile service radius . b) We believe that 'the "Health" Club should not be classified as an "entertainment" use. c) This "Neighborhood" Plan is located near minor arterials and community collectors (streets) . d) The very nature of land economics today dictates that certain uses serve both a neighborhood and community wide need and cannot always afford or even desire to locate in large community centers, "Downtowns" , or other such "centralized" and often congested areas . Some centralized community centers place various "conditions" on prospective tennants that cannot be met and thus can deprive certain trade areas of needed goods and services . e) Theaters and restaurants have traditionally been widely recognized as a "neighborhood" service need and are , in fac now moving back to "neighborhood" locations once abandoned not too many years ago . f) It is agreed that final Plan details should give due consideration to safe and convenient pedestrian- movements between the various uses . g) It is agreed that added attention be given to certain details of the Landscape Plan. Some Added Notes 1 . Based on recent discussions with the Theater Franchise , the seating capacity is . reduced from 452 to 420 seats, 2 . The success or "popularity" of the Dinner Theater does not affect total need for parking since seating capacity is limited for long periods of time unlike a restaurant alone that can tolerate long lines of customers waiting for table service. 3. As with the Theater , the lot space needs for the storm water ponding area can be quantified leaving the permitted size of a restaurant and "office" building dictated by City requirements for parking , landscaping, and the like . 4. It is suggested that this latest Plan proposal offers an opportuni - to final plat the entire area and still leave City control over specifics including a future restaurant and "office" use . 5. The Theater building design has been changed to eliminate any exterior lighting or graphics on the west elevation and the north elevation is to remain "blank" ; any lighting and/or graphics shall be located on the south and east elevations and only as may be approved by the City. -5- a 6. A berm/fence combination has been added to protect (in particular a) 4-plex at end of Hickory Lane. b) Three 1-family homes at higher elevations to the south near Cliff Road ; these homes have the added protection of the woode' Outlot between them and the proposed restaurant parking lot . 7 . We are prepared to work closely with adjacent home owners to beautify any portion of the berms in their direct line of sight ; in particular , it may be desirable to lower somewhat the berm height at the northwest corner property line , since when finished . the six foot fence will extend well above the residential buildin_ roof line . 8. We have no answer to the potential problem of loud car radios or speeding cars in the parking lots except to note that this potent: will exist for any type of commercial use . 9'. Our analysis of the proposed uses would indicate : a) Nearly all cars parked for the Theater "late show" would be parked at the lower elevations well away from the north and west property lines . b) There would be adequate parking for all uses (including the Health Club) at all times and be no need to permit curb parkin. : on Thomas Center Drive . 10 . With a virtual "wall" of landscaped protection between resident: -. and non-residential uses , there should be no loss in residential property values . If , however , homes had a direct view of parkin; lots and commercial buildings of an/ type , potential home buyers might be more limited. 11. We question the public policy of needing to know the "specific" owner/operator/occupant of a proposed restaurant and office building for several reasons including but not limited to : a) The practical functioning of land/development economics severely , limits the potential for having ,a total of three • uses ready for public approval at any one time . b) Knowing the specific operator/occupant of the Health Club did not , of itself , assure completely satisfactory results . c) Under a PD , a better course of action would seem to be that of applying public conditions to the land which would remain in force regardless of any change in future ownership/occupant 12 . The City Attorney at the 2/28/95 APC meeting stated that "con- tractual rights under the PD still exist" (City Council has not issued a cancellation or termination of the PD) . 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'1.:► 0111 ..1 .. °s ill �� .. �. r.IHR «11 11= 01 •, t', a t111 it, .---„a• ...A...._,I.,•••II I I' Ismor'''''.. 1"S.0,.•., j ''.''...■•.• c. 7*,,••••■-n-g i Ll '1.11 A � '''.11.T.1:::'.::::1' � ......r• •� ' C ..•.. 1 101,I r. r / �I. , ( I ' . 4,, .an«. � f ICI'. T -,•':•••••• .......ap•-•-•...- • -.At, , V 1\\\\'.4 v , -• • • ■ •:>•.all.'.'...s•... . •• II • .j,� y • • 1 • R i • •I• ,eip _ . •• - iLt-Q. ' .• EXHIBIT D • OFto MIU - • II 111 - . ril 3, 1995 _ - • ggy R ichert mmunity D velopment Director ty of Eagan 95 Pilot Knob Road - • .gan, MInn sota 55121 • Safari at Eagan._ Cinema Grill :ar Peggy: • ` ' ien the City Council continued our hearing on the Development f the Safari at Eagan property, Council meeting of March 21, 1995, • immediately contacted the Homeowners of the abutting property :i the North requesting a second meeting to review our proposed :ranges in the PD. Gary Krueger, the spokesman for Thomas Lake pm owners said the residents would not meet with us and sview the proposed changes we would offer at the Planning ommission meeting on April 25, 1995. Carl Dale and I finally et with Mr. Krueger only on Wednesday, March 29, 1995. e informed him that we had shifted the Theatre further South o the middl lot and proposed a Office Building- Medical Center n th North Lot next to their Townhomes as a buffer. We also .dvised him we cut back to only (1) Restaurant (Class 1) on the outh lot along Cliff Road. :arl an I also addressed all of the neighbors concerns as expressed :o the Planning Commission at their February 28, 1995 and noted in :h Minutes. In my opinion and with Carl Dales expertise, we have linimized their concerns regarding, Parking Lights, Property Elevations, 'raffic Flow, Noise, Food Odors and Parking for the Health Club. :n fact, we have proposed Cross Parking for all uses which should eliminate all parking problems in the area. These concerns will be addressed in detail in Carl Dale's report. vastly, I am always amazed how a neighbor (Gary Krueger) moving into Thomas Lake only a year and a half ago can complain about cur Developm nt, properly zoned over 15 years ago under a PD giving th City the ability to monitor the development on a continuing basis,stating bluntly " We don't want your development next to us". Do Commercial Property owners have any rights? I think they do. Please include this letter in the Staff report to the Planning Commission and th City Council for our schedul d hearings in A. ' 1. is $‘icere' — , A J. Byron Watschke ( 4-f3 Fortune -eal .y, Inc. General Partner, Eagan 30. 'ENTAGON P• 'K • ER • 4940 VIKING DRIVE • MINNEAPOLIS,MINNESOTA 55435 • (612) 835.3363 Agendonforn:ation.woRp. May 2,199$Eagan &hit oimCitMeetite' •. - C. COMERMENSIVikettigERLIANATOMMENMAND„REiONING -Tglin.11M7gWek.-fftvibirti ACTION TO BE CONSIDERED: To approve or deny: • 1. To postpone-4014049A td,14,v,e th-0- 0pApittiOn§iyo:plan-WdiuS;0400:0001944s,D4 Single Family for thce southeast OrtiOit of pgan,,a0d,to.fet.Onktho44 4.04001tly,classified Light Indukrial eNneit ineeft of 100 195. 2. To.ofteRhevroperty owner&of thoo oftels currently ziftnedP..1 an oppoituslity to request tezcit#01gla limited‘indUStrial iirantiett;development for lifriiiigt•indii,Strial activities prior to 1,99s, 3. To direct staff:1o:enter.ititta 00.,01.400-0.:•Vit,k the ptcmfr$.1..04*-4, toka.10,144 prenoct,..iiivoiopment,, te,am:4haltinelg40„pqrepreontattye of the PitY.Y$1,4-94046.1).0e1011T-0.11t0:001t,9*•to`X40001.0.4ktiyiltiei.00'Of the EDC,.one representative of the City's Advisory Ptall#1111t gOtni440440rbtkopokt415-ythe`Chiii of the APC;the Director of Cothrhunity Development, audilletilieetbr of Public Works. 4. To direct city staff.foitlitige a feasibility stosoy for the irstgottott,of.pliblio improvements (City streets and utilities)to serve the proposed"plantiedievelottriett area. • PACTS: See attached-memo: • BACXGROIIND/ATTACEMENTS: Staff memo,.pàg ) . Alf' Staff report; gage(s)ktff=erg'.1 EDC minutes will be provided on Monday;May 1, with the"administrative-packet . • , • 444;i401440$":4i,f4W **144400440*43::* 1. .4 MEMO — city of eagan TO: MAYOR AND CITY COUNCIL FROM: PEGGY REICHERT, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 28, 1995 SUBJECT: SOUTHEAST INDUSTRIAL STUDY INTRODUCTION Last September, the City Council directed the Advisory Planning Commission to initiate a comprehensive study of the long-range land use designation and zoning of the southeast industrial area. The APC, as well as the City's Economic Development Commission, have reviewed this issue over the past several months. Public information meetings and a public hearing have been conducted. This memorandum will summarize the status of the discussions to date and the recommended course of action. BACKGROUND The Advisory Planning Commission conducted a public hearing on a proposed comprehensive guide plan amendment and rezoning of the southeast industrial area on April 6, 1995. At that time, the APC had recommended that the guide plan designate the entire area residential but allow for a higher density residential development. As such, the APC recommended at that point that the industrial area north of Gun Club Road be designated and zoned for townhouse development. They suggested that the Gun Club property, which has a very small developable area, be guided and zoned for higher density multi-family. At the public hearing, the existing businesses in the Halley's Addition along Biscayne Avenue stated their strong opposition to the proposal for the land use amendment and rezoning to residential. The businesses felt that they were there and should be allowed to remain. The Gun Club also objected to the rezoning from public facility to R-4. The Gun Club also wants to remain in operation and would like to work with the surrounding neighbors to find a way to coexist in peaceful harmony. The residents from the Weston Hills area supported the concept of residential zoning but not to townhouse or multi-family. The wanted to see single-family zoning on the industrial areas. Some residents in Weston Hills also stated that they preferred the existing industrial to any future multi- family. L 4 D APRIL 18, 1995 PAGE 2 The Economic Development Commission discussed this issue at its meeting of April 20 (minutes from this meeting will be available in the administrative packet on Monday, May 1). The EDC generally found that there were a number of viable small businesses operating in the Halley's Addition. They felt that some of the businesses clearly need to "clean up their act" in order to coexist with the developing residential area. One major consideration by both the Economic Development Commission and the Advisory Planning Commission is that Biscayne Avenue will be the major road to access the future residential development to the south (Marotzke's property). Because of this, the appearance of the industrial area is going to be increasingly an issue in the future. The Economic Development Commission recommended that the City find a way to work with the businesses to enable them to remain but upgrade to reasonable City standards. The Economic Development Commission's general vision for the area was that it would be a clean, quiet, and aesthetically attractive light industrial area. There would be limited outdoor storage and any outdoor storage would be generally screened. The zoning method to provide this agreement would be an industrial planned development which would specify and limit the types of activities that could occur on each parcel of property, as well as a schedule for on-site improvements to upgrade each property. The Economic Development Commission offered to work on developing such an agreement and suggested that perhaps they would work with representatives of the Advisory Planning Commission. Ron Voracek, a current member of the Economic Development Commission, offered to serve as a facilitator of such a negotiated process. On April 25, the Advisory Planning Commission discussed the public hearing comments from April 6, as well as the recommendation of the Economic Development Commission. The APC was somewhat divided on the appropriate approach to the overall issue. Some members felt that the area should simply be rezoned to residential. However, the prevailing sentiment was that the property owners should be given an opportunity to pursue a planned development agreement with the City by which the terms for their continued operation in an upgraded condition would be agreed upon and an enforcement mechanism set in place. The Advisory Planning Commission recommended 5-2 that the residential land use designation in the comprehensive plan be retained, the I-1 zoned properties be rezoned to R-1, and the Gun Club property remain zoned Public Facility. The Advisory Planning Commission also recommended that, alternatively, if the property owners petition to rezone the area to industrial planned development and an acceptable agreement is worked out between the City and property owners, a comprehensive plan change from D-1 Residential to Industrial could be recommended. The recommendation of the Advisory Planning Commission generally follows the spirit of the recommendation of the Economic Development Commission. The Economic L 4(.40 APRIL 18, 1995 PAGE 3 Development Commission also stated that if an acceptable agreement between the property owners and the City could not be worked out, the alternative of rezoning to R-1 would be reconsidered. If the City Council wishes to support the recommendations of the APC and EDC, it would be appropriate for the Council to postpone final action on the rezoning and comprehensive guide plan for approximately one month to give the property owners an opportunity to begin working on a planned development. As such, the City Council could assess the situation and the status of the planned development discussion at its meeting of June 6, 1995. In previous discussions with the property owners, the issue of the cost of public improvements has been raised. In order to give the property owners a more definite estimate of the public improvement cost, a feasibility study must be initiated. It will be necessary for the City to assume the front end cost of this study because we have not received a petition for these public improvements. On Thursday, April 27, your Community Development Director and Public Works Director and City Attorney Mike Dougherty met with the industrial property owners to discuss the recommendation of the APC and to provide them additional information on the nature and scope of a planned development agreement prior to the City Council meeting. Also in attendance at that meeting were Jerry Segal from the Advisory Planning Commission, Kathy Matuzak Clark, chair of the Economic Development Commission, and Carl Ostreich and Ron Voracek of the Economic Development Commission. An outline of the points covered at the meeting is attached. Ron Voracek again offered to serve as an independent facilitator for a negotiation between the City and the property owners to come to terms on a planned development zoning for the industrial property north of Gun Club Road, between the school and Trunk Highway 3. The two industrial parcels south of the Gun Club are also potentially included in this negotiation, although the owners of those parcels have no specific plans to do anything with the property in the foreseeable future. The property owners had a number of questions about just what they would be allowed to do with their property under a planned development. It was explained that this would need to be negotiated. Much of the discussion focused on the one or two uses in the area that have extensive outdoor storage at this time, including Magnum Towing's impound lot. Mr. Oberg, who owns eight undeveloped acres west of Halley's Addition, indicated that he has three or four potential developments for that site, all of which have quite a bit of outdoor storage-related activity. If we proceed with the planned development approach, the issue will be whether acceptable performance standards can be agreed upon by the property owners and the City under which the vision for the area APRIL 18, 1995 PAGE 4 expressed by the APC and EDC is compatible with the vision of continued business operations by the property owners. I believe it is fair to say that there was some skepticism on the part of several property owners about pursuing the planned development approach. However, Armand Laurent stated that he felt the property owners had nothing to lose in exploring this option and this sentiment generally prevailed. The property owners are apparently interested in having more discussions and I believe they will be speaking to this point at the City Council meeting on Tuesday evening. If the City Council decides to follow the postponement/planned development route, we are suggesting that the City negotiating team include a representative of the EDC and APC to be appointed by those commission chairs along with the Directors of Public Works and Community Development. If we enter into this discussion, it will be useful if the City Council can express its vision for the area in some general terms. For example, does the City Council support the general vision expressed by the Economic Commission and Advisory Planning Commission. The property owners are interested in hearing what the City Council's expectation/vision for the area is. The Gun Club is a separate but related issue. The residents' concern with the Gun Club is primarily that of noise. The Gun Club representatives have indicated a desire to continue to be self-regulating and to work with their neighbors to arrive at some positive outcome. If at some point the City Council feels that further regulation of the Gun Club is necessary, zoning regulations are probably not the appropriate vehicle. General licensing may be the course of action. However, it would certainly be preferable if the parties involved could come to some mutual agreement on their own so that government is not required to step in and add another layer of regulations. SUMMARY The recommendations of the Advisory Planning Commission and Economic Development Commission suggest that final action on the comprehensive guide plan designation and zoning for the southeast industrial area be postponed. If the City Council concurs with this action, we will proceed with discussions and report back at your meeting of June 6. ACTION TO BE CONSIDERED To approve or deny: 1. To postpone final action to leave the comprehensive plan land use designation as D-1 Single Family for the southeast portion of Eagan and to rezone the area currently classified I-1 Light Industrial to R-1 Single Family until the City Council meeting of June 6, 1995. • APRIL 18, 1995 PAGE 5 2. To offer the property owners of those parcels currently zoned 1-1 an opportunity to request rezonings to a limited industrial planned development for limited industrial activities prior to June 6, 1995. 3. To direct staff to enter into negotiations with the property owners for a limited industrial planned development. The City's negotiation team shall include one representative of the City's Economic Development Commission to be appointed by the Chair of the EDC, one representative of the City's Advisory Planning Commission, to be appointed by the Chair of the APC, the Director of Community Development and the Director of Public Works. 4. To direct City staff to initiate a feasibility study for the installation of public improvements(City streets and utilities)to serve the proposed planned development area. • Community Development Director PAR/mg APC RECOMMENDATION Southeast Eagan Study Area............ h._.! : ,......,..1,1,:; ...v., ,,,,,,,/,/, 1 .Lix_.:.... .,, :....1,-.,..-.. .... .,3); --:::t, Flipc,. i , 1 ...... ,..., /7, ,/,‘ '77 . -. ...., \'it's..:3... - ..:■.\ ! ./ • .'- - • ..... - I I' �• _ME 4111 �e A, 1. III , .iii. ,. �- , a1 ' . ,, , ��. I u i,J,L. — .]tii), i ;, j vi..„j/'l/.F --o-� r :,ii ."a 1 20 ace ■ ,,a , --""' _ I I , I .1 • /,, t. : i' - 1 $ _ - • I 1, NM•LP-T3 •1 li - . .. I,, I I''% ._ 1I .1 �/ 3 I C< AREA 2 i 1 _ - t . _ .• 1 f i; 'I / ) 1: :, i j • . — / -:..... ,/; a3RfEA 3 I r , 1• ' ', aw .o. 1 .20 m ST /I / " I CITY OF ROSEMOUNT I ' % ! I I ARE EA 1 / ` , Land Use D-I, Single Family //: ' ! — Residential IZoning: R-1, Single Family,,, 1t "0' AREA 2' µ"0 ' Land Use: D-I, Single Family Residential Zoning: P, Public Facilities AREA 3 Land Use: D-I, Single Family Residential Zoning: Single Family çD I APC ALTERNATIVE RECOMMENDATION Southeast Eagan Study Area .../,y, /./ y . E „:-='; .L. . ,, // ,, ,,,,,,,A. -1-:- I • ....1 ..\ .. *sr ,'-:// /// r :C I '_ N'a-- al ,.... : _ . . _ ,k i „ ..... .3. .... ,.,,,1 1 1 I I ^ • • I �` Li.,..._ -, ) ___ , .,-00°- ,..--- i 1„1_,i . I . ... ..mil F. ' r Irl //,,,,,, ,/' t .. l�� ', V) ■Y i L___ : —I: -a i -— /:s7/ i „iis...„4 r =h.. ._....P irt el PI). ; 1 ir ' 51 :II:, ! 1' / •.'I . +1 _•• I 1 1 I A i I / �� p�' ram x0110 1 / ; ;; -_---- =f_ -.-1 ' �1 � I =— / i _iii W • ii I •oe 1r-13 I i — •.a3 ,, •w.•4300 1 •1 0 - ///,',/ n •to ..� { . i �•■� .i — ";;;/ AREA 2 I — 11 _ ^ 3a ': cli :: i Q 1.. • a • . • 11 istalftell• - )1 LI ' 11 1 1 ru, aw •o. • • 11 -'I`'' Li :1TY �F 405EMOUNT 1= 120 In ST M ." 7 ;'��� i Al . •- ARE `-' ,tj I I Land Use IND, Industrial /1 ' ' I - Zoning: PD, Planned Development • 1; . • 1:: „.1w I °`� AREA 2 i f V: Land Use: DI, Single Family Residential • Zoning: P, Public Facilities AREA 3 Land Use: IND, Industrial /s-- ( Zoning: PD, Planned Development 1 SOUTHEAST INDUSTRIAL AREA MEETING APRIL 27, 1995 A. Review Planning Commission Recommendation of April 25, 1995 B. What is Planned Development Zoning? C. Basic Conditions of PD Agreement 1. Permitted Uses - Current & Future 2. Installation of Public Street & Utilities 3. On-Site Improvements & Schedule - Buildings, new or expanded - Paving of drives, parking or storage areas - Landscaping & screening 4. Conditions on Outdoor Storage of Equipment, Materials, or Finished Products 5. Enforcement Provisions - Termination of PD - financial security deposits D. . Next Steps 1. City Council - May 2 - Consider APC recommendation - Postpone rezoning to June 6? - Authorize feasibility study for public improvements 2. Owners Apply for PD Zoning - prior to June 6 - Site plan & schedule of improvements - $250 application fee - $500 initial escrow deposit 3. City Council Reviews Situation - June 6 4. Refine Site Plan & Schedule - Owners hire own consultants if needed - City Council authorizes City to provide consulting services 5. Feasibility Study Initiated/Completed (3-4 weeks) saind427.agd S � .....,ttv . cje- MEMO — city of eagan TO: Peggy Reichert, Director of Community. Development FROM: Lisa J. Freese, Planner DATE: April 27, 1995 SUBJECT: Nonconforming Use Applications in Other Communities I contacted several cities in the metropolitan area to find out about the nonconforming provisions in their zoning ordinances and to see how they have been applied to non-conforming use situations in their communities. The following is a summary of my • findings. Bloomington. They have proactively rezoned some properties and the existing uses of those properties were made non-conforming. They have not used amortization. Generally, they have not noticed any change in appearance/operation of the businesses after the were rendered legal non-conforming. Some of the hotels along 1-494 are zoned non-conforming either as to use or performance standards (setbacks, signage, etc.) To date, there has been no reported effect on the continued operation of the hotels. Fridley. They have a situation where four commercial parcels with commercial structures were rezoned residential in 1976. Their ordinance specified that when they were reused for anything other that the use at that time, the use of the property had to conform to the zoning. Today one out of the four businesses is still standing. At this point the City has created a development district and is in the process of purchasing the last remaining commercial property with the intent of demolishing it and selling the vacant lot to a developer. They have not had problems with the maintenance of the properties until the use terminated on the property. They have not used amortization for nonconforming uses. Maple Grove. They have several non-conforming uses that predate their zoning ordinances. The ordinance allows that the uses can continue but the uses can't be expanded. They had an amortization provision in the 1970's for non-conforming uses but it was repealed. Most of their non-conforming uses are interspersed among conforming uses and over the years they have disappeared without any further public intervention. There have been a couple cases where nonconforming properties were purchased by the City for public'projects such as stormwater ponds or road expansions. Within the last couple of years they have had two incidents where non-conforming uses have expanded i c5—.5 , , ill gaily and the City Council decided to make defacto exceptions for these expansions. The r_maining non-conforming properties continue to be maintained by th_it owners with no public intervention. Minnetonka. In 1966 they adopted an ordinance with an amortization process for all nonconforming uses. The amortization period incorporated in that ordinance amortizes wood structures over 30 years, masonry structures over 40 years, and fireproof structures over 50 years. Generally, the city has a lot of nonconforming duplexes in single family zones as well as some commercial uses in residential zones. The commercial uses have been allowed to continue and/or change. They have monitored these properties through a conditional use process. Many of the non-conforming uses have disappeared. They have not acquired any of the non-conforming properties except for public purposes such as stormwater ponds. They have experienced some maintenance problems with the non- conforming uses, particularly the duplexes. Richfield. They have a conditional activity permit for properties classified as nonconforming. This permit requires Planning Commission and City Council review. It allows these nonconforming uses to exist for 15 years so long as they conform to building code requirements. R semount. They have several uses and buildings in their commercial area that were made non-conforming because the definition of the district was refined in the 1980's. They do not have any amortization provisions. Some of the uses in the commercial area have changed to conforming uses. In one instance a commercial planned development was used on a property to restrict uses and provide continued used of the structures. The City did purchase four non-conforming properties in order to construct a stormwater pond for the Community Center. If not for this project, the properties would not have been purchased by the City. . SENT BY: 4-27-95 ; 1:37111 ;SEVERSON WILCOX Still.-, 612 681 4360;# 2/21 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 25, 1995 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 25, 1995, at 6:30 p.m. at the Blackhawk Middle School. Present were Chairperson Miller,Wallace,Heyl, Isberg, Segal,Carlson and Burdorf.Also present were Community Development Director Peggy A. Reichert, Senior Planner Kristy Marvin, Project Planner Mike Ridley, Project Planner Shannon Tyree, Development/Design Engineer John Wingard and City Attorney Mike Dougherty. AGENDA Segal moved, Hey! seconded, the motion to approve the agenda. All present voted in favor. MINUTES Segal moved, Heyl seconded, the motion to approve the March 28, 1995, Advisory Planning Commission minutes. All present voted in favor. Segal moved, Hey' seconded, the motion to approve the April 6, 1995, Advisory Planning Commission minutes, All present voted in favor. OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING: SOUTHEAST AREA Chairperson Miller opened the discussion regarding Comprehensive Guide Plan Amendments changing the land use designation of approximately 23.6 acres from 13-1 (Single-family Residential, 0 to 3 unites per acre) to D-III (Mixed Residential, 6 to 12 units per acre)and changing the land use designation of approximately 19 acres from D-1 (Single-family Residential, 0 to 3 units per acre) to D-II (Mixed Residential, 0 to 6 units per acre) and Rezoning of approximately 20 acres from P (Public Facilities) to R-4 (Multiple), approximately 3.6 acres from I-1 (Limited Industrial) to R-4 (Multiple), and approximately 19 acres from I-1 (Limited Industrial) to R-3 (Townhouse) for property located cast of Highway 3, both north and south of Gun Club Road, in the west ys of the Southeast'A of Section 36. Member Miller advised that a public hearing on this item was held at the April 6, 1995, Special Advisory Planning Commission meeting and thus the Commission will take no public comment at this meeting. Member Miller also noted that the Commission will receive as part of the record a letter from a resident, Amy Frisina; a petition from the • SF7YI' BY 4-27-95 ; 1:3813M ;SEVD SON W I LCOX SHD_-' 612 681 4360;# 3/21 Page 2 April 2S.1995 ADVISORY PLANNING COMMISSION Southeast residents/business owners; a letter from the Gun Club attorney, accompanied by a packet of information; and a letter from two residents, Tint and Allyson Ceeja. Member Miller further noted that the Economic Development Commission held a meeting regarding this item and issued its recommendation. Miller further noted that the Economic Development Commission ("EDC") hall its meeting vu Apiil 20, 1995, and issued its recommendations regarding this item. Member Miller stated that it is his opinion that the message being sent by the business owners in the Southeast Area and the surrounding Weston Hills residence is that they favor single-family zoning or leave the zoning as is. Member Miller stated that the issue to be addressed by the Commission is whether the City wants industrial uses in a residential area. Member Miller noted that the EDC recommended that the City enter into a Planned Development Agreement with the property owners in the Southeast Area, on the north side of the Gun Club property, to improve and bring the properties into compliance with City Code and standards in an enforcement mechanism to ensure compliance with the agreement. Member Miller stated that he favors the EDC's recommendation, noting that the agreement will assure that the properties are properly maintained and brought into compliance with the Code and be enforceable by rezoning if compliance is not made. Miller further stated that the Planned Development Agreement would further put the future of the businesses in the business owners' hands by putting the burden on them to assure compliance with the Code and standards. Member Isberg stated that he is concerned with the Planned Development Agreement because it only deals with a portion of the total Southeast Area, noting that it does not deal with the Gun Club property or the two southern parcels. He further stated that rezoning the Halley's Addition properties as an industrial planned development does not remove the conflict between the Comprehensive Guide Plan and zoning. Community Development Director Reichert stated that if a Planned Development Agreement is entered between the City and the property owners, the area should be redesignated to industrial in the Comprehensive Guide Plan. Member Miller stated that the Gun Club property could remain zoned PF(Public Facilities) and the Gun Club could be allowed to regulate itself. He stated that the Gun Club could co-exist with the surrounding residential area, noting that other suburbs have gun club facilities within residential areas and know of no problems. Member Isberg stated that his concern is the long-range use of the area; that an elementary school was recently built for the residential use in the area. Member isberg stated that it is questionable whether a gun club in that area would be appropriate in ten years and then the City will have the same concerns then as it does now. Isberg emphasized that he wants the issue to be addressed now and not wait for ten years to have to revisit it again. Member Isberg, therefore, recommended that the subject property be rezoned to residential. SENT BY: 4-27-95 ; 1:39PM ;SEVERSON WILCOX SHEL■ 812 681 4380;# 4/21 Page 3 April 23,1993 - ADVISORY PLANNING COMMISSION Member Carlson stated that the issue is whether industrial is a long-term compatible land use with the surrounding residential uses. She stated that she disagrees with the residential alternative because allowing the businesses to exist as nonconforming uses will discourage development in that the area is the gateway to the new residential development which the City may not want as a gateway to the residential area She further noted, however, that the elementary school serves as a good buffer to the industrial area and that the industrial area does not have odor and noise problems therefore light industrial use may appease the Weston Hills residents. She also questioned whether the property owners will be able to sell their property as residential-zoned property because it is surrounded by a railroad, other industrial uses, a highway and the elementary school. Member Miller inquired with Member Carlson as to whether she favors the EDC recommendation to which Member Carlson stated that she does favor the EDC recommendation. Member Carlson further noted that the residential alternative does not solve any of the problems of making the existing uses compatible because the businesses, which will be nonconforming uses, may exist on the property a very Iong time. Member Segal suggested that the Commission recommend to the City Council that it rezone the Halley's Addition properties to residential single-family to meet the existing land use designation or in the alternative, if the property owners enter into an industrial planned development, then the land use plan be revised accordingly. Member Segal reasoned that time is of the essence with respect to the moratorium expiration on July 1, 1995. He stated that while the issue is pending City Council consideration, the property owners can move ahead and petition the City for an industrial planned development proposal. The suggested recommendation puts the burden on the property owners to set their own destiny. With respect to the Gun Club parcel, he stated that his concern is not the zoning but the location of the use; that no zoning will remove the Gun Club use because it will merely become a nonconforming use. Member Miller concurred with Member Segal. Member Segal moved to recommend to the City Council the residential land use designation by retained, the I.1 zoned properties be rezoned to R-1, and the Gun Club property remain zoned PF. Alternatively, if the property owners petition to rezone the area to Industrial Planned Development and an acceptable agreement is worked out between the City and property owners, a Comprehensive Guide Plan change from D-1 single-family residential to IND Industrial can be recommended. Isbcrg seconded, but noted that the motion does not answer the Gun Club issue. Member Miller stated that rezoning the Gun Club parcel will not make the Gun Club go away and the only impact on the zoning change will happen when the Gun Club changes its existence. Member Hey! stated that she disagrees with Member Segal's motion for the following reasons: (1) The issue regarding the appropriate use for the area is left J.- SENT BY; 4-27-95 ; 1:40111 ;SEVERSON WILCOX SI L-, 612 681 4380;# 5/21 Page 4 April 25,1995 ADVISORY PLANNING COMMISSION unanswered; (2) light industrial and the Gun Club uses are incompatible with the surrounding residential area; (3) the motion sends mixed signals to the property owners and the City needs to send the message that their properties are to be for residential uses; (4) the more the industrial uses are allowed to perpetuate, the greater the problem of determining the proper use in the future; and (5) no guarantee that an Industrial Planned Development Agreement will work or insure compliance with the Code by the business owners. Member Miller responded that it is on the business/property owners of Halley's Addition shoulders to seek an industrial Planned Development and if they do not do so, then the property will be rezoned. All approved in favor except Members Hey!and Carlson who opposed. i sl .r. := MEMO — city of eagan MEMO TO: Chair Miller and the Advisory Planning Commission FROM: Lisa J. Freese, Planner DATE: April 20, 1995.. SUBJECT: Comprehensive Guide Plan Amendment & Rezoning Southeast Area-City of Eagan After the Planning Commission closed the public hearing on April 6th for the Southeast Eagan Study Area, discussion was tabled to allow the Economic Development Commission (EDC) an opportunity to make a recommendation at their April 20th regular meeting. This item is on your agenda to consider the testimony from the public hearing and the comments of the EDC in order to make a recommendation to forward to the City Council for consideration. This memo provides supplemental information including: 1) the status of existing d velopment/uses in the study area based on the current industrial zoning requirements; 2) the implications of,the two general land use/zoning alternatives; 3) background information on the nature of businesses and jobs in the study area; and 4) a summary of the EDC discussion and recommendation. Also, additional correspondence received from the public since the meeting is included in your packet: 1) Czaja Letter; and 2)West End Gun Club letter. 1. STATUS OF CURRENT DEVELOPMENT A number of issues have been raised about these properties with regard to their compliance with zoning code requirements.. Community Development Department staff reviewed permits and inventoried the properties' status under the existing zoning. A update of the detailed summary and corresponding map is attached to this memo (Attachment A). The following is a summary of the findings. • Paving requirement variances were granted for 3 lots and setback variances were granted on 2 lots at the time they were constructed. None of the properties have maintained paved parking areas. • Several conditional use permits were granted for properties in the study area (i.e., outdoor storage, truck terminal) but almost all of those uses have been discontinued, and therefore, the permit has expired. Only Magnum Towing's CUP is based on the current use of the property. / c1 Southeast Eagan APC Memo Page 2 • At least six of the existing businesses would need to obtain or update a conditional use permit to legally continue the current uses of their property: 1) Mega Excavating, Contractors Yard; 2) HTS Fabrications, Outdoor Storage; 3) Wood Manufacturing, Outdoor Storage;4) Laurent Properties, Outdoor Storage; 5) Midwest Snow and Landscaping, Outdoor Storage; and 6) Oberg, Contractors Yard. • At least two of the businesses may be conducting activities that are not permitted in the I-1 district: 1) Magnum Towing, Auto Salvage and 2) Twin City Fork Lift Repair, Parts Salvaging. Salvaging operations are first permitted as conditional uses in the 1-2 district. These uses if occurring should be eliminated. Magnum Towing also appears to be using the impound lot for long term storage which is in violation of the current CUP conditions. • All of the properties need to address trash enclosures and several need to remove some junk, refuse and debris in conformance will Chapter 10.01 of the City Code. Although not an issue at the time of staffs site visits, dust control measures will be necessary in the summer months. 2. REVIEW OF ALTERNATIVES Alternative 1 Maintain the existing I-1 (Limited Industrial) and P (Public Facilities) zoning in the study area. Implications: • The Land Use plan would be amended to IND (Industrial) on the industrially zoned properties and to PF (Public Facilities) on the gun club property. • Existing development would be permitted to continue as is unless operating in violation of city code, variance conditions or conditional use permits. Existing uses could expand so long as they could meet the standards of the zoning ordinance (setbacks, parking, maneuvering, drainage, etc.). • Unless the uses expand or are in violation of zoning ordinance requirements, the City has very little authority to require changes to the existing properties. If the property owners were willing to rezone to an Industrial Planned Development, the City would have more ability to negotiate the upgrading of existing development. • In the I-1 district a wide variety of uses are permitted. It is possible that more intensive uses that produce a greater level of noise, emissions and traffic could /CO Southeast Eagan APC Memo Page 3 be legally established on these properties under this alternative. • Enforcement action would be taken to stop illegal uses and those uses without a Conditional Use Permit. Eight existing businesses either do not have CUP's or are not permitted within the I-1 district. Other existing code violations would be enforced. • The properties on the east side of Biscayne in Halley's Addition; Lots 1 & 5 on the west side of Biscayne in Halley's Addition; and the McFarland parcel would have very little or no ability to add to the existing structures because of the setback requirements from the adjacent "R", "A" or"P" zoning districts. • Lots 2, 3, and 4 on the west side of Biscayne and the Oberg property have room to expand or add structures. If all other code requirements are met, approximately 162,000 square feet of building space could be added to the northern part of the study area. Another 60,000 square feet of building space could be constructed on the two smaller parcels south of the Gun Club. • The two industrially zoned parcels south of the Gun Club would require access through the planned residential area. • It would be appropriate to proceed with the improvement of Biscayne Ave and the installation of utilities. These improvements, under current policy, could be assessed to the individual property owners for a 15 year term at 7 percent interest. This would result in an estimated annual assessment payment ranging from $2,500 for the smaller lots to $3,150 for the larger lots in Halley's Addition. • The improvement of the street would trigger the paving of the parking lots for two of the properties under conditions of variances previously granted. Additionally, three other properties that were not granted variances for paving are currently in violation of that requirement. They could be required to install paving when the street is improved. • Trip generation based on ITE standards would be five times higher for the industrial uses at typical densities (.20 lot coverage) than the single family - development alternative and two times higher than the medium density residential development alternative. • As a variation within this alternative, it has been suggested that the industrial area beyond the study area be expanded or that the amount of industrial land be reduced within the study area. &I 1 Southeast Eagan APC Memo Page 4 Expansion: • By enlarging the industrial area, it has been suggested that future conflicts between this smaller industrial district within the study area and residential development currently planned for the undeveloped land to the southeast would be eliminated. Red Pine Lane and the elementary school would serve as a buffer for the area developing as residential to the north and east. • The marketability of additional land at this location for industrial development is a concern for the City. The City of Eagan and other surrounding communities have considerable vacant land available for industrial development in more desirable locations. The property in the study area has been zoned industrial for over 25 years. Only 35 percent of it is developed and that development occurred primarily because the property owners did not develop their sites to City standards or pay for street and utility improvements. • • The projected traffic from the expanded industrial area will add considerable more traffic on Red Pine Lane and could result in spillover trips through the Weston Hills and Pines Edge subdivisions. Reduction: • Undeveloped parcels within the study area could be developed as residential (i.e., Oberg property and two parcels south of the Gun Club). If the property south of the Gun Club were developed residentially, the issue regarding access to industrial parcels through a residential area would be eliminated. • To develop the Oberg parcel residentially while allowing Halley's Addition to remain industrial will require landscaping, berming and appropriate subdivision design to reduce conflicts of the residences and industrial uses. Alternative 2 Leave the land use plan as residential and rezone the study area to a residential z ping district corresponding with the density of the land use plan. • Implications: • Existing legal non-conforming uses would be allowed to continue as they are presently permitted to operate and as long as they desire. Routine maintenance of the properties would be permitted. Expansion or intensification would be prohibited. S utheast Eagan APC Mem Page 5 • Enforcement action would be taken to stop Illegal uses and those uses without a Conditional Use Permit. Eight existing uses either do not have CUP's or are not permitted within the I-1 district. Other existing code violations would be enforced. This will eliminate much of the outdoor storage and activity that is incompatible with residential uses. • Development/Redevelopment of the study area as low density residential is consistent with the Comprehensive Plan designation for this area and the most compatible alternative with the existing development in the larger neighborhood. • Consideration of redesignation to a slightly higher residential density would _ provide some flexibility with redevelopment design and could.increase the incentive for redevelopment. • The improvement of Biscayne and extension of utilities through Halley's Addition could be delayed until development occurs on the adjacent properties to the west and southeast. • The development of the Oberg parcel and vacant parcels in Halley's Addition could occur prior to the redevelopment of Halley's Addition. This eight acre parcel is large enough to accommodate a 12 to 15 lot single family subdivision or 40-unit townhouse development. Landscaping, berming and appropriate subdivision design can reduce the conflicts between the residences and th industrial uses on the west side of Halley's Addition. • The west half of Halley's Addition could be redeveloped in phases and if the design of the replat is coordinated with the Oberg property development potential can be maximized. • The east half of Halley's addition could be redeveloped into five single family lots if replatted as a whole or developed on a lot-by-lot basis if developed as townhomes. • The single family alternative will have the lowest trip generation and therefore will place the least demand on the collector access (Red Pine Lane) in and out of this area. The higher density residential alternative would generate about twice as many trips onto the collector road system (Red Pine Lane) as would single family development alternative. • The gun club and the two parcels to the south developed under the D-III density is projected to have a net density of about 4 units per acre because a large portion of the site covered by a wetland and is undevelopable. This is slightly higher than the typical single family density of 2.5 units per acre. (e 3 Southeast Eagan APC Memo Page 6 3. EXISTING BUSINESSES AND JOBS The Economic Development Commission requested more information regarding the type of businesses located in the study area in order to analyze the zoning and land use recommendations based on the EDC's economic development targets (Attachment B). The following is a summary of the existing businesses and jobs in the study area. • Within the study area there are thirteen industrially zoned parcels. Eleven parcels have industrial uses and there are eight buildings totaling about 37,400 square feet of industrial space. • Nineteen businesses are located on these 11 properties. The type of businesses reported include manufacturing (3), printing(2), automotive and equipment repair(4), warehouse/inside storage (2), impound lot(1) and indoor/outdoor contractors storage(4). • Of the businesses responding to staff inquiries, there are ten sole proprietors and six businesses that employ approximately 32 full-time and eight part-time or seasonal employees. The two metal fabrication manufacturers, the fork lift repair business, and the excavating business reported that they paid employees on average between $23,000 to $50,000 annually. The other businesses paid employees $7 to $8 per hour, $14,600 to $16,600 annually. 4. ECONOMIC DEVELOPMENT COMMISSION DISCUSSION & RECOMMENDATION: • Discussion: At their April 20 regular meeting, the Economic Development Commission determined that the study area has three distinct subareas: 1) the area bounded by Highway 3, Red Pine Lane, the elementary school, and Gun Club Road (19 acres); 2) the Gun Club (20 acres); and 3) the two smaller parcels south of the Gun Club (3 acres). It is the general consensus of the EDC that subareas 2 and 3 are primarily land use issues and they decided not to comment on those areas. In subarea 1, the EDC acknowledged that a significant number of the livable wage jobs are provided by the existing businesses. On the whole, they felt most the xisting businesses were relatively light industrial uses in the spirit of the EDC's Economic Development Targets and if the properties were cleaned up, it would be possible for them to be compatible with the surrounding neighborhood. The EDC members agreed that full range of uses generally permitted by I-1 zoning would not be appropriate at this location and would not be compatible with the surrounding neighborhood, so if this area were allowed to stay industrial, the uses • / (( Southeast Eagan APC Memo Page 7 permitted should be restricted. They also felt that the businesses in this area needed to commit resources to clean up the exteriors and upgrade their properties to reasonable city standards. Several EDC members indicated that they believe the installation of sewer, water and paving of streets should be considered a given for this industrial area, not some extraordinary burden being placed upon these business owners. Overall, the EDC concluded that the City should pursue further negotiations with the property owners to determine if the area could be upgraded and restricted in a • manner that would facilitate its co-existence as a good neighbor with the school and the residential uses in the surrounding neighborhood. EDC Recommendation: The EDC passed a motion (9-1) recommending to the Planning Commission that the City initiate negotiations with the businesses/property owners within "subarea 1" in the northern part of the study area in order to develop a proposed agreement that includes: 1) a list of all improvements to be made by these property owners/businesses to bring them into compliance with reasonable city standards; 2) a phasing plan for these agreed upon improvements; 3) an enforcement mechanism to insure compliance with the agreement; and 4) identification of the types of industrial uses that would be allowed or prohibited on the properties. Staff suggested that the appropriate legal mechanism to implement such an agreement is to rezone the property into an Industrial Planned Development. The EDC concurred that a PD Agreement would be the ultimate outcome of the negotiations with the business owners. The EDC also recommended that the proposed agreement be completed by June 30, 1995 and advised extending the development moratorium until an agreement is reached and land use/zoning changes are enacted. The EDC also acknowledged that if an acceptable agreement is not reached, that it may be appropriate to reconsider the residential rezoning alternative. ACTION TO BE CONSIDERED: To recommend a preferred land use and zoning alternative for the Southeast Eagan Study Area to City Council for consideration. yy/3:4 Lisa J. Freese, Planner /(.0 __.__ __________... .____... . ..____ _.... . . ._ . _ . , e. ..0, . . ,., //,,, 1 _cLi3 . _I / ___:, 1..3 - WV // : - /p E3 _ 0 RED PH i, p�NE LANE /. / /15/./!/ / i :—. 1".°1/ / / . SG\-44/ . I• MEGA l F ‘:11145:4I� V� Tfli ',FABRICATION OBERG � MAGNUM PROPERTY ,., TOWING W I I YOU140 } • i PROPRTY CD 10AriUFA N G I. _ _. Llsra .T.P. N C .FORTS W,�k"� ST SNOW GUN • CLUB _. RE jANDLANDSCAPiNG_. .--- . . I.I. S ii 1 E;:3 • . � i II . 1 , • O . POND LP-23 mTZKE • iROPERTY NWL ic 925.3 I 1 HWL = 930.0 -. - I 1 • - II GUN CLUB. I . II . 1I 0 (9 / (e(e . ATTACHMENT A Southeast Industrial Area Property/Business Inventory Owner: McFarland Address: 4890 S. Robert Trail Legal: Parcel #022-79 Year Structure Built: Purchased by current owner: 1980 Variance: None Date: Conditions: Status: Conditional Use Permit: None Date: Conditions: Status: Other Zoning Issues/Site Conditions: Concrete block building; Dumpster not enclosed; no curb, gutter or paving, small number of pallets stored outdoors. SUMMARY OF STATUS: The dumpster needs to be enclosed and the items stored outdoors should be removed. There is no record that the paving or setbacks were • granted a variance. Tenants: Number: 1 1. Business Name: Art Design Print Graphics Center Business Type: Job Printing-Offset Press Own or Lease: Own Employees: McFarlane Family Owned Business/No Employees at current time., Employee Wages: Not Applicable. Expansion Plans: None Disclosed. Page 1 SE Inventory (40 7 Southeast Industrial Area Pr perty/Business Inventory Owner: Dennis Hyster Address: 4895 Biscayne Ave Legal: Lot 1, Block 1, Halley's Addition Year Structure Built: 1994 Purchased by current owner: 1980 Variance: Yes: curb, gutter & paving; green area requirement (south) Date: 5/1/84 Conditions: 1) Only two access points from lots to City streets. 2) Agreement required regarding accepting fair share of the assessments for streets & utilities when area is upgraded. 3) No outside storage shall be allowed. 4) Apply dust control measures to gravel surface on a regular basis. 5) Detailed landscape plan submitted/bond required. 6) At time utilities are installed in area, lot shall be upgraded to comply with current zoning requirements. 7) Drainage Plan shall be approved by City Engineer. Status: Conditions 1, 2, 5 & 7 were submitted to the City. There a three access points, so condition 1 is violated. There is outside storage with out a valid CUP. C nditional Use Permit: Yes: Outside Storage-Heavy Equipment Date: 10/16/84 Conditions: 1) Detailed landscape plan shall be submitted & approved to provide screening of the outside storage area. 2) Approved dust control measures shall be used on gravel lot. 3) Storage shall be limited to the equipment and materials of the onsite user. 4) The permit shall be renewed at the end of every two years. Status: Does not apply to current outside storage application. Other Zoning Issues/Site Conditions: Corrugated metal sided building; Dumpster not enclosed; no curb, gutter or paving; wood pallets, tires, crane parts, several fork lifts in various states of repair stored outside on site. SUMMARY OF STATUS: The current users of the building are using the site for • outside storage. The existing CUP is for outside storage of heavy equipment. The current outside storage is not of operable heavy equipment, but rather parts of several fork lifts, a couple of vehicles awaiting repair, and a small amount of misc. auto body parts. Therefore, the current CUP is not valid for this storage application. In addition, materials currently stored on the site do no fit the definition of items permitted in outside storage by CUP. In particular it appears the fork lifts are being salvage for parts rather than repaired. Such salvage operations are first permitted by CUP in the 1-2. To be in compliance with the zoning ordinance, fork lifts and other misc. parts, tires, etc. need to be removed from the site. Page 2 SE Inventory (.€ Address: 4895 Biscayne Ave Tenants: Number: 4 1. Business Name: Twin City Fork Lift Repair. Business Type: Fork lift repair-on and off-premise. Own or Lease: Own. Employees: 4 employees plus owner. Employee Wages: $8/hr office support; $15.85-$21.00 technicians Expansion Plans: None' Disclosed. 2. Business Name: JD Autobody. Business Type: Autobody and mechanical repair Own or Lease: Lease Employees: Self employed. Employee Wages: N/A Expansion Plans: None Disclosed. 3. Business Name: Image Signs Business Type: Sign Painting. Own or Lease: Lease Employees: Self employed. Employee Wages: N/A Expansion Plans: None Disclosed. 4. Business Name: McGuffee Trucking Business Type: Contractor's storage of truck on site. • Own or Lease: Lease. Employees: Self employed. Employee Wages: N/A. Expansion Plans: None Disclosed. Page 3 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Wood Machine Inc. Address: 4881 Biscayne Ave Legal: Lot 2, Block 1, Year Structure Built: 1979, 1984 Purchased by current owner: 1979 Variance: None Date: Conditions: Status: Conditional Use Permit: None Date: Conditions: Status: Other Zoning Issues/Site Conditions: Building permit approved by City Council on 7/5/79 with conditions: 1) Sign agreement not objecting to future installation of utilities and improvements & to pay fair share of assessment benefits; 2) width of access from lot shall be approved by City Engineer; 3) parking area shall be surfaced & concrete curbing installed in parking area; and 4) the unbuilt portion of the lot shall be sodded or seeded. SUMMARY OF STATUS: A few curb stops but no curb, gutters, & paving in parking area as required per the building permit and no record of any variance granted to this requirement. There are two dumpsters that should be enclosed as well as outdoor storage of a trailer and other materials in a fenced enclosure. Such outdoor storage requires a CUP. Tenants: Number: 1 1. Business Name: Wood Products/Highway Handyman Business Type: Manufacturing-steel lathe/machining of parts Own or Lease: Own Employees: 5 employees plus 2 owners. Employee Wages: $32,000/year. • Expansion Plans: Building permit pending 1200 sq. ft. expansion to add equipment & indoor storage. Page 4 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: Weirke Trenching & Excavating Address: 4861 Biscayne Ave Legal: Lot 3, Block 1, Halley's Addition Year Structure Built: None Purchased by current owner: ? Variance: None Date: . Conditions: Status: Conditional Use Permit: Impound Lot/Outdoor Storage Date: 3/2/94 Conditions: 1) The permit shall expire two years from the date of Council approval. 2) Only outdoor storage of impounded and/or towed vehicles shall be allowed. 3) No "For Sale" signs shall be displayed & no sales or repair operations shall be conducted at this site. 4) The CUP and CC resolution shall be recorded. • 5) All other City Codes shall be applicable.. Status: Violation of CUP in 1994-storing items not conforming to Condition #2. Site Conditions: No curb, gutter & paving; landscaping or screening of storage area. SUMMARY OF STATUS: The storage area is not paved but this was not addressed as a part of the CUP. A number of vehicles, trailers, etc. are stored on the lot and it is not clear whether they are impounded vehicles, junk vehicles being salvaged, storage trailers, etc. Clarification of the utilization of the property was requested as a part of the CUP violation investigation, but no correspondence from Magnum Towing was found in the file. Tenants: Number: 1 1. Business Name: Magnum Towing/Kevin Mellon Business Type: Towing Service & Impound Lot - Own or Lease: lease Employees: 1 full-time/2 part-time employees. • Employee Wages: $7./hr Expansion Plans: Building permit pending for 3,840 sq. ft. building to expand operation on site to include auto repair & wrecker repair and installation; would add 2-3 employees and lease bay for auto repair business. Other Comments: Towing contracts with City of Rosemount and State Patrol have location requirements that owner may not be able to meet in a different location Page 5 SE Inventory ( 7 ( Southeast Industrial Area Property/Business Inventory Owner: Mega Incorporated Address: 4841 Biscayne Ave Legal: Lots 4 & 5, Block 1, Halley's Addition Year Structure Built: 1979 Purchased by current owner:1994(unrecorded CD) • Variance: None Date: C nditional Use Permit: Truck Terminal Date: 7/31/79 C nditions: 1) That the applicant sign an agreement that when the area is upgraded that he will not object to fair share of assessments for streets & utilities. 2) That the green area along Biscayne be 20 feet. 3) That the parking area be blacktopped and concrete curbing should be • installed around the perimeter of the parking area. 4) The front of the building be landscaped per a plan to be approved by City staff. Remaining property to be seeded to prevent erosion/landscape bond required. 5) Drainage Plan be approved by City Engineer. 6) Loading docks on south side of building be suitably screened by trees, etc. per plan approved by City Staff. 7) That the applicant be on notice that Gun Club Road is subject to road restrictions. Conditional Use Permit: Outside Storage Date: 12/5/89 Conditions: 1) All outside storage areas and non-paved areas shall be sodded or seeded to control dust and run-off. 2) Outside storage of pallets and material shall not exceed ten (10) feet in height. 3) The applicant shall plant and maintain a triple row of stagger growth evergreens along the north property line by May, 1990. Status: No longer pallet company or truck terminal, appears to be a contractor's yard. Other Zoning Issues/Site Conditions: Building permit issued by CC on 6/5/79. Large amount of excavating equipment, materials stockpiles and shredded plastic - tubing stored on site. SUMMARY OF STATUS: The property is currently being used as a contractor's yard. Heavy equipment and materials are being stored outside on the site. Several conditions from previous CUP's were never performed-landscaping, paving, screening. Tenants: Number: 1 1. Business Name: Mega Excavating, Mega Farms, Tri Delta • Business Type: Excavating, ? Own or Lease: Own (unrecorded CD) Employees: Employee Wages: Expansion Plans: Other Comments: Business owner did not return staffs phone calls. Page 6 SE Inventory ( ft-) .3-- • Southeast Industrial Area Property/Business Inventory Owner: ISD 196 Address: 4850 Biscayne Ave Legal: Lot 5, Block 2 Year Structure Built: None Purchased by current owner: 1994 Variance: Date: C nditions: N/A Conditional Use Permit: Date: C nditions: Status: Other Zoning issues/Site Conditions: Rezoned from I-1 (Limited Industrial) to P (Public Facilities) in 1994. Tenants: None. • Page 7 SE Inventory ( '7k • Southeast Indu trial Area Pr perry/Business Inventory Owner: Bill Schiltz Address: 4860 Biscayne Ave Legal: Lots 4, Block 2, Halley's Addition Year Structure Built: 1981, 1985 Purchased by current owner:1994 Variance: None Date: C nditions: N/A C nditional Use Permit: Outside Storage Date: 6/16/81 C nditions: 1) That the applicant sign an agreement that when the area is upgraded that he will not object to fair share of assessments for streets & utilities. 2) A detailed landscaped plan shall be submitted showing the screening around the storage area. 3) That the parking area shall have an asphalt surface and concrete curbing put around the perimeter of the parking area. 4) Storage shall not be allowed to exceed the height of the fence. 5) Dust control measures shall be used on the outside storage area. 6) Storage shall only be allowed within the area designated by a fence. 7) All the materials that are presently being used for his business shall be relocated to Lot 4, Block 2, Halley's Addition. Status: Outdoor storage permit was for contractors equipment, present outdoor storage include raw materials for manufacturing operation. Conditions of previous CUP not met by current application. Other Zoning Issues/Site Conditions: Raw materials for metal fabrication stored outside, no curb, gutter & paving, dumpster not enclosed. SUMMARY OF STATUS: Needs to update CUP for current outdoor storage application. Tenants: Number: 1 1. Business Name: • HTS Fabrication Business Type: Metal Fabrication Own or Lease: - Own Employees: 11 payroll employees Employee Wages: $8.50-$13.50 per hr/$11 avg Expansion Plans: Possibly 2,100 sq. ft.addition, business may need to relocate to larger space elsewhere. • Page 8 SE Inventory Southeast Industrial Area Property/Business Inventory Owner: John Young Address: 4870 Biscayne Ave Legal: Lots 3, Block 2, Halley's Addition Year Structure Built: 1988 Purchased by current owner:1988 • Variance: Setback(denied); curb, gutter & paving (approved) Date: 4/19/88 C inditions: 1) No outside storage shall be allowed. 2) A detailed landscape plan submitted/bond required. 3) A 6' fence or compact evergreen hedge stall be erected & maintained along the rear property line. Status: Conditions were staff recommendations but records unclear about whether conditions were actually required by the City Council. Conditional Use Permit: None Date: Conditions: Status: Other Zoning Issues/Site Conditions: Loading docks in front yard. Dumpster not enclosed. Tenants: Number: 1 1. Business Name: VPC Business Type: Paper/Office Products manuf. Own or Lease: Lease Employees: 10-11 employees Employee Wages: Not Disclosed Expansion Plans: None • Page 9 SE Inventory • Southeast Industrial Area Pr perty/Business Inv ntory Owner: Armand Laurent Address: 4880 Biscayne Ave Legal: Lots 2, Block 2, Halley's Addition Year Structure Built: 1988 Purchased by current owner:1988 Variance: None. Date: C nditions: C nditional Use Permit: None. Date: C nditions: Other Zoning Issues/Site Conditions: No curb, gutter & paving or record of variance for this requirement. Loading docks in front•yard. Signed waiver for storm sewer trunk charge. Some outdoor storage of vehicles awaiting repair and vehicle parts. Fenced outdoor storage area, but no record of CUP. Owner indicated that previous tenant stored contractors equipment and new tenant intends to store trailers in this area. SUMMARY OF STATUS: If the new tenant desires to store trailers outside a CUP would be required. • Tenants: Number: 3 1. Business Name: Trail Auto Body & Marine Business Type: Autobody, marine, fiberglass Own or Lease: Lease Employees: Self employed Employee Wages: N/A Expansion Plans: Potential remodeling. 2. Business Name: Pro-staff Seamless Gutters Business Type: Contractor's storage/office Own or Lease: Lease Employees: 1-2 part-time seasonal employees Employee Wages: Unavailable 3. Business Name: Cobra Transportation, Inc. Business Type: Specialty Automotive Storage Own or Lease: Lease Employees: None Employee Wages: N/A Expansion Plans: Outdoor Storage. Page 10 SE Inventory 76te, Southeast Industrial Area Pr perty/Business Inventory Owner: Richard Skinn Address: 4890 Biscayne Ave Legal: Lots 1, Block 2, Halley's Addition Year Structure Built: 1992 Purchased by current owner:1992 Variance: Side Yard Setback; curb, gutter & paving Date: 8/18/92 Conditions: 1) The drive aisle and parking areas shall meet all minimum setbacks. 2) A landscape plan shall be submitted for review and approval. 3) No outside storage shall be allowed. 4) All applicable City Code requirements. Status: No record that the owner provided a landscape plan. There is outdoor storage occurring on the site without a CUP Conditional Use Permit: None. Date: Conditions: Status: Other Zoning Issues/Site Conditions: Some outdoor storage of materials in rear yard, some lawn mower parts are along the rear of the building, dumpster not enclosed, above ground fuel tank. SUMMARY OF STATUS: A CUP is required for the above ground fuel tank and outdoor storage of materials. The junk and debris should be removed from the site. Tenants: Number: 3 1. Business Name: Midwest Snow & Landscaping Business Type: Snow plowing/Landscaping Contractor's Storage Own or Lease: Owner Employees: 4 part-time seasonal employees Employee Wages: Not Disclosed 2. Business Name: Dakota Small Engine Business Type: small engine repair - Own or Lease: Lease Employees: self employed Employee Wages: N/A 3. Business Name: Sun Tech., Inc. Business Type: Pressure Washer & Supplies Sales Own or Lease: Lease Employees: Self Employed Employee Wages: N/A Page 11 SE Inventory ..• _ �• L -�:r ATTACHMENT B _ y-� }�Sr� :,�.F.a �a ,I • • yRRr` ECONOMIC DEVELOPMENT TARGETS 1. Commercial/Industrial Encourage the Formation of Jobs which Enable Individuals to Support Households Attract Clean Industry/Manufacturing - Attract Service Industries Encourage Expanded Business Service Sector • ▪ Promote Eagan as Location for Headquarters and Branches of Major Companies Support and retain existing businesses and jobs. _ 2: Hospitality - Attract Visitors and Tourism Visitors and Convention Bureau Capitalize on Mail of America Market and Traffic Expand Lodging Opportunities for Local Businesses 3. Retail Capitalize on Mall of America Market and Traffic • - Explore Other Regional Market Opportunities - Attract Larger/Major Anchors Encourage Big Ticket Retail such as Auto and Marine Facilitate Revitalization/Redevelopment of Depress d Areas - Specifically encourage: • Men's and Women's Fashions • Upscale Grocery • Department/Junior Department Stores • - Furniture • - Full-Service Sporting Goods • Electronics - Office Supplies/Stationary - Camping Outfitters Hobby and Crafts Home Maintenance 4. Entertainment/Service Expand Available Food and Beverage Options - Promote Youth-Oriented Entertainment ▪ Attract Evening Entertainment Opportunities Specifically encourage: Upscale and Ethnic Restaurants Theaters = • Racquet Sports Golf Facilities 5. Health/Medical Services Attract expanded alternatives and levels of service in health care ▪ Promote Eagan as a location for one or more hospitals L - Encourage the location for other health relat d industries P7C1 April 10, 1995 City of Eagan Planning Commission Mayor and City Council Attn: Lisa Freese 3830 Pilot Knob Road Eagan, MN 55122 Dear Planning Commission Members, Following the April 6 Planning Commission Public Hearing regarding the Southwest Study area,we thought a brief follow up letter would be useful in your consideration of the rezoning issues. We are writing on behalf of the approximately 100 residents who signed the petition you received prior to the Hearing. In gathering the petition signatures, we found that the unanimous opinion was to rezone the property in question as single- family residential(R-1), not light-industrial and not multiple/mixed family residential. We wanted to take this opportunity to reiterate our position as expressed in the petition. Again, the reasons for the R-1 consensus are as follows: 1. The Comprehensive Guide Plan designates the land as single-family residential and no substantial reason for altering this designation for zoning has been presented. 2. R-1 is the logical choice to continue the single-family residential development of this area. The City has an opportunity to be proactive in dealing with this area before the complaints of the industrial sites and gun club escalate as the area develops further. 3. Multiple and/or Mixed family residents would have difficulty gaining access to public services such as busing, etc. and would greatly increase the traffic congestion. 4. Residential areas would generate more tax dollars for the City. With respect to the specific issue of the gun club, we would emphasize that the petitioners believe the gun club should be more tightly controlled or removed. It is undeniable that the City of Eagan will continue to grow and develop. The gun club, suitable only in a rural area, cannot coexist in this environment. As the gun club president admitted,they had to move from the City of St. Paul thirty years ago due to expanding residential areas. Now, in Eagan, the same situation has arisen. The gun club is simply incompatible with the inevitable residential development, and must be seriously studied for possible relocation or removal. It is the petitioners hope that the City will take a proactive approach for the future and decide to adopt Single-Family Residential zoning. Thank you very much for your consideration. Sincerely, • Tim and Allyson Czaja / WEST END HUNTNG & FISHING CLUB 535 GUN CLUB ROAD, ROSEMOUNT,MINNESOTA,55068 612/423-2429 April 20, 1995 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 • Attention: Ms. Peggy A. Reichert Director of Community Development Reference: Westend Hunting & Fishing Club Rezoning Consideration Dear Peggy: We had a Board Meeting last Monday night and came up with several ideas we want to discuss with the local residents to help mitigate their concerns about the noise our hobby creates.. Our intent is to schedule an open house this spring to discuss the relevant issues. We want to be proactive on this item. Going back to the April 6, 1995 Planning Commission Meeting,there was one common element in the comments that came from the public and that was that no one wanted to see the property rezoned as the Commission is currently considering. Think about it, not one person got up and said it was a good idea to rezone the subject property. From a logical and political standpoint, leaving it zoned the way it is seems to make the most sense as it can always be rezoned in the future if the market values and owner's needs warrant such action. With all that has been said, we would hope that the Staff, Commissioners and Legal Council • would consider leaving the zoning for our club the way it is. We feel that our facility and its activities fit the definition of a public structure, similar to that of a golf course, and if it is within your Commission's prerogative, we would further request that non-profit gun clubs be added to the City Code on your list of approved entities for public facilities zoning. We would appreciate it if this letter was entered into the public record. Thank you for your cooperation. Sincerely, Cul,( totriU . t • ROBERT F. HOSCH BOARD MEMBER WESTEND Rrx10:ks:CARLSON.1 CC: Mr. Tom Egan Ms. Sandra Masin Mr. Shawn Hunter Ms. Pat Awada Mr. Ted Wachter • APR 25 '95 10:23 FROM HARRIS MECHANICAL PAGE.002 WEST END HUNTNG&FISHING CLUB 535 GUN CLUB ROAD, ROSEMOUNT,MINNESOTA,S50GB 612/423.2429 April 24 1995 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Attention: Ms. Peggy A. Reichert Director of Community Development Reference: Westend Hunting & Fishing Club Tim & AUyson Czaja's Letter of April 10, 1995 Dear Peggy, • We Heel that wo mutt respond to several comments that were made in the ;above referenced letter, a copy of which is attached. The letter stated "The Gun Club should be more tightly controlled or removed". We are only upon 5%of the time now and operate far safer than the average golf course. How would tighter controls benefit anyone? The letter then went on to say *The Gun Club suitable only in a rural area, cannot coexist in this environment". We disagree with that statement also. We have an airport right in the middle of our Twin Clties that generates a lot more noise and is open a Jot more hours than our Gun Club, but no reasonable people are suggesting we shut the • airport down. The last ie1eLetie in the letter to the Gun Club stated that"As the Gun Club president admitted, they had to move from the City of St. Paul thirty years ago, due to expanding residential areas." That statement Is just not correct. We had to move from our location in St.Paul because the person that we were leasing our property from sold it so that the Water Gate Marina could be developed. Neither residential development or neighbor complaints were ever an issue in our previous move. Page 1 of 2 • APR 25 '95 10:23 FROM HARRIS MECHANICAL PAGE 003 City of Egan April 25, 1995 Attic Ms. Peggy A. Reichert I would think a prudent home buyer would have done some investigating as to the surrounding neighbors before building a home, rather than to try to force us to move because of their lack of due diligence. With a large sign on Highway #3 and the road sign calling out our northern boundary as Gun Club Road,its obvious we are not trying to keep our presence a secret Peggy,with all of the above said,it is still our objective to work with our neighbors and to the extent practical, mitigate their concerns. We are planning a get together in May to start a dialogue to accomplish that objective. Peggy, please share this letter with the planning commission members before or at today's meeting and make it a part of tho public rocord. Thank you for your cooperation. Sincerely, Cfe&je-a (13res14K,_. ROBERT F. HOSCE-I BOARD MEMBER RFH/jd/city.1 • • Page 2 of 2 l?3 • PETITION APRIL 20, 1995 CITY OF EAGAN PLANNING COMMISSION MAYOR AND CITY COUNCIL 3830 PILOT KNOB ROAD EAGAN,MN 55122 PLEASE CONSIDER THE FOLLOWING PETITION A FORMAL STATEMENT OF OUR CONCERNS AND OUR RECOMMENDATION REGARDING PROPOSED AMENDMENT TO THE CITY'S COMPREHENSIVE GUIDE PLAN RELATING TO THE PROPERTY DESCRIBED AS FOLLOWS: THE PROPERTY EAST OF HWY.3 BOTH NORTH AND SOUTH OF GUN CLUB ROAD IN THE WEST 1/2 OF THE SOUTH EAST,1/4 OF SECTION 36. AS EAGAN INDUSTRIALLY ZONED PROPERTY OWNERS AND OWNERS OF BUSINESSES LOCATED IN EAGAN BELIEVE THE PROPERTY DESCRIBED ABOVE INCLUDING THE WEST END GUN CLUB AND(8)BUILDINGS SHOULD REMALN ZONED LIGHT INDUSTRIAL AND THE COMPREHENSIVE GUIDE PLAN SHOULD BE CHANGED ACCORDINGLY FOR THE FOLLOWING REASONS: 1. THE LAND HAS BEEN ZONED INDUSTRIAL FOR 25 YEARS AND HAS GENERATED NOT ONE COMPLAINT,AS OF THE BEGINNING OF THE MORATORIUM. 2. THE PROPERTY OWNERS AND BUSINESS OWNERS HAVE EXPRESSED THEIR DESIRE TO IMPROVE THEIR AESTHETIC IMAGE AS RESIDENTIAL ENCROACHES. 3. THE PHYSICAL LOCATION OF THE PROPERTIES AND BUSINESSES IS WELL BUFFERED FROM RESIDENTIAL AREA,AS SUCH IT IS AN IDEAL AREA FOR LIGHT INDUSTRIAL. 4. THE SCHOOL IT SELF IS A COMMERCIAL SETTING AND USE. IT WILL GENERATE MORE NOISE AND TRAFFIC THAN THE ENTIRE INDUSTRIAL COMPLEX. 5. CHANGING THE ZONING TO RESIDENTIAL WILL HAVE A DETRIMENTAL AFFECT ON THE BUSINESSES AND PROPERTY OWNERS AS THE VALUES DECREASE AND INVESTMENT DECREASES. 6. THE PROPERTY OWNERS HAVE EXPRESSED A WILLINGNESS TO OVER A PERIOD OF YEARS,TO MAKE IMPROVEMENTS TO THEIR PROPERTIES. 7. THE PROPERTY OWNERS HAVE ALWAYS EXPRESSED A DESIRE TO OPEN UP A MEANINGFUL DIALOG BETWEEN THEMSELVES AND THE EAGAN PLANNING DEPARTMENT TO DEVELOP A RELATIONSHIP OF TRUST AND COOPERATION AS OPPOSED TO AN ADVERSARIAL RELATIONSHIP. IF YOU AGREE WITH THE PRECEDING STATEMENT PLEASE INDICATE SO BY SIGNING THE PETITION ON THE ATTACHED SHEET. /1 '7 O9 ;l 9' th W N r C J 9' lA A W N Or P Z A! a ° C4 � _1 t \ 1 t 77'':is - zL Pi \,....., Fii ., ...., ,„, s: . a N ° � �°o `- N ` ' " e • 4 c w Ul o v N Z pp k 4' 1 0 'I > n' a C4 Q _ t 1 a ! 4 tsi � `� � -F H _ =�. \t, H 0 "I' ') ,p 7 4 z � y ril `' kf 4�t Jl v l v1 k4 Vs c N C O O G C c 1 43 c W t ° A x Oe % 0, -.o }� ' 1121 tit Ng< r\:__ , 0.----> .,,. r ),p 0 , ,,„ ,,, _ , . , . . `R 41 ‘- fil lt, ■ z d il ql _ . , , ,. - 11 1 PC , , , — March 24, 1995 City of Eagan Planning Commission Mayor and City Council Attn: Lisa Freese 3830 Pilot Knob Road Eagan, MN 55122 Please consider the following petition a formal statement of our concern and recommendation regarding the proposed amendments to the City's Comprehensive Guide Plan relating to the property described as follows: East of Highway 3,both north and south of Gun Club Road in the West 1/2 of the Southeast 1/4 of Section 36. As residents of Eagan, we strongly believe that the property in question, including the West End Hunting and Fishing Club and several industrial buildings, should be rezoned to Single-family Residential (R-1)for the following.reasons. 1. The land use is currently designated as Single-family residential(D-1)and no convincing evidence has been presented as to why this should not continue to be the case. 2. R-1 is the logical choice to continue the type of cohesive community that has developed over the past two years and will no doubt continue to develop in the near future. 3. The new zoning will render non-conforming the uses that clearly do not fit into the imminent residential development of this area. The current industrial uses and gun club are definitely more rural activities and this area can no longer be classified as such. 4. Residential areas will generate more tax dollars for the City. In addition, it is our feeling that the operating status of the West End Hunting and Fishing Club should be seriously examined for four important reasons. 1. Obvious noise pollution. 2. Environmental concern regarding pumping lead and/or steel pellets into a DNR protected wetland where water fowl are exposed. 3. Potential safety hazard and compatibility issues with new elementary school and park located in the immediately adjacent property. 4. Questionable whether the gun club fits into current P (Public Facilities) zoning. In conclusion, we urge the City to adopt a Single-family Residential (R-1) zoning and to exercise its ability to take a more proactive approach in making the necessary changes to move this area into the future. Thank you very much for your consideration of this statement. 4/3/95 Page of Fce, . . 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My neighbors and I chose to locate in the Weston Hills subdivision because of the single family character of the area . We want it to stay that way ! Sincerely, Amy Frisina rt ATTORNEYS AT LAW ARTHUR GILLEN ROGER C.MILLER LEVANDER, GILLEN & MILLER, P.A. TIMOTHY J.KUNTZ DANIEL J.BEESON ROLLIN H.CRAWFORD KENNETH J.ROHLF TONEITA E.TOLLEFSOS 633 SOUTH CONCORD STREET SUITE 402 P.O. BOX 298 STEPHEN H.FOCHLER SOUTH SAINT PAUL.MINNESOTA 55075 THOMAS R.LEHMAN JAY P.KARLOVICH 612-451.1831 FAX 612-450-7384 ANGELA M.LL'TZ HAROLD LEVANDER 1910.1992 April 20, 1995 Eagan Planning Commission 3501 Coachman Road Eagan, MN 55122 RE: Southeast Eagan Rezoning Chairperson and Members of the Planning Commission: This firm has been retained to represent the West End Hunting & Fishing Club in connection with the proposed rezoning of their property located within the area of the Southeast Eagan Land Use Study. We have reviewed the Study and previous correspondence and have the following comments and observations: a. The letter of March 29, 1995, from the Club to the City sets forth the history, factual background and practical concerns of the Club. b. The Club, owners of their property for 36 years, are unalterably opposed to any change in the land use designation of their property. c. Any change in land use designation will create a non- conforming use status for the property, and the resulting loss in value to the Club will be substantial. d. It is clear from the written documentation that the anticipated strategy is the elimination of the West End Gun Club operation in stages. e. The clearly articulated "taking by stages" strategy will be resisted vigorously by the Club, and compensation will be • z v wvv °k,C?"-- Eagan Planning Commission Page Two April 20, 1995 expected and sought for any and all losses, value diminution and relocation expenses resulting from the City's action. We expect to be present at your meeting of April 25 to further express our concerns, and to urge you to allow the West End Gun Club to continue its present land use designation. /Yours ery truly cam-, � ollin H. Crawford , RHC:cj cc: Bob Hosch 19308.00000\15079 �. 3 To: Mayor Tom Egan, The Eagan City Council & The Eagan Planning Commission Attention: Lisa Freese 3830 Pilot Knob Road Eagan, Mn. 55122 From: Kevin Balm 1014 Ticonderoga Trail Eagan, Mn. 55123 Subject: Eagan Gun Club Noise Date: March 28, 1995 I recently read in the paper that the city is holding a public hearing on April 6th to discuss the zoning of land near Cliff and Hwy. 3. I am writing to inquire if anything can be done in regard to the noise created by the Eagan Gun Club. On an almost daily basis I take my dog for relatively long walks through the neighborhoods and parks of Eagan. One of our favorite spots is Lebanon Hills Regional Park. While the park sees significant pedestrian traffic, it is large enough that I can typically find secluded areas off the groomed trails where I can let my dog run about freely (something she genuinely enjoys). Unfortunately, on numerous occasions, our walks through this beautiful park are less than peaceful because of the steady and unmistakable sound of gun fire. I would like to make it clear that this is not a petition against guns or gun clubs. However, I have to wonder if this is an appropriate setting for a gun club. I think it is terribly unfortunate that the natural beauty and serenity of the park is marred by the constant sound of gun shots. If the gun club is included in the area that will be discussed at the Public Hearing on April 6th, please consider this letter and include it a part of the public record. Further, if the gun club will be part of the discussion, I would appreciate it if you would call me so that I can make plans to attend this meeting. 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FACTS: The Advisory Planning Commission conducted a public hearing on this proposal on April 25, 1995 and recommends approval subject to the conditions. BACKGROUND/ATTACHMENTS: - . . kVA !liruu,g co,, , :0 -a_q_14466: (-_B 0.ge a _ ,z:), 0 - , repo r CE page i----",.a...a.:3 ,. r. y ' .._4,1,-.:1-..2-A..'-g,,,r-*SF,`1,71%,„' ;44:04;y';,4.;} ..,, 11‘,-;.:%;'42i-1,,,,q.,' 1„.,T ..,•:-..a,;,,,.:1-.".;:,,h„i._,4.,r,,j7 -; ; .0,d,',„,.., ,,"'4.Ni;-',-- ....;.1,,./AA:2;t• --.4.:,., 4,w./....1-.41;4,'T° ,k,'61,:',4?,:.kai ,..--.,„ .t. ;,.•-,44,,1 ,..-.„•,,‘ ,,.tt...., , I, P4 ;,,...,6, ..,,, ,,.,c. .•0_,,`,, ,i..,**.,,,• ----....-7,4-,1fr." . .•..'',.._-fe.'`,..11.4411..0,0.----,,,,i1 ,y,' N'‘.,,°;°;tric,',,,,:•50-40-..F'.'.°;:;;..,--1,7,-„..' 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L. . ir. . i - - . .,_ . : . , -,, , SENT' BY: 4-27-95 ; 1:44PM ;SEVERSON W I LCOX SHEL74 612 681 4360:#10/21 Page 9 April25, 1995 ADVISORY PLANNING COMMISSION VERMILION ADDITION-PRELIMINARY SUBDIVISION AND MULTI-FAMILY SITE PLAN-CENTEX REAL ESTATE Chairperson Miller opened the next public hearing of the evening regarding a Preliminary Subdivision(Vermilion Addition)and Multi-Family Site Plan consistiii of 32 lots on approximately 40 acres for 221 townhouse units located south of Robin Lane, cast of Highway 13 in the SW%of Section 17. Project Planner Ridley introduced this item.Mr. Ridley highlighted the information presented in the City staffs planning report dated April 10, 1995,as amended on April 25, 1995. Mr. Ridley noted the background and history,the existing conditions, and the surrounding uses of the subject property.Mr. Ridley noted that the developer's proposing to develop flit subject property: first, the north central area of the site; secondly,the southeastern area of the site; and then thirdly the southwestern area of the site. Ridley further noted that the applicant is requesting a five-foot variance to the required 30-foot front building setback from the public right-of-way for 15 of the townhouse units.He stated that the variance is requested in order to minimize impact to • the steep slope to which the proposed walk-out units will back up.Finally,Mr. Ridley noted a revised Condition No. 13 under which Highway 13/Seneca Road access shall be provided prior to final platting the areas designated as Phase II and III of the preliminary plat. Dan Blake, a representative of Centex Homes,gave a general overview of the • proposal. Mr. Blake stated that the applicant understands the staffs concerns with respect to Phase 11 and III and the applicant has no problem with the conditions subject to the development of Phases 11 and 111. He further stated that the applicant has no objection to any of the staffs conditions except to Condition No. 4 regarding guest parking. He stated that the Code requires one enclosed and one exterior parking space for each unit which the proposal exceeds. He further stated that the applicant wishes not to use curb and gutter because it gives too much of a"commercial look", A resident of 1903 Silver Bell Road stated that he was concerned due to the slopes whether the development will cause any drainage problems to his property. He further expressed concern of the continuing garbage problems from East Street Apartments. Mr. Ridley advised the resident that this property is near the southeast corner of the subject property on which there will be very little grading. Todd Utecht, the property owner of the Seneca Hills Addition proposal inquired whether access through the Utecht property to complete Phases IT and III were conditional to the approval of Phases II and III to which Ridley answered in the affirmative, C)1 ('° SENT BY: 4-27-95 ; 1:45PM ;SEVERSON WILCOX SHEL 612 681 4360;#11/21 Page 10 April 25,1995 ADVISORY PLANNING COMMISSION Member Burdorf inquired as to the developer's proposal for a 16 foot wide private access road was the cul-de-sac to which Ridley advised that the 16-foot width is for the internal drives from the public street to ouch individual unit. • Member Carlson stated she was concerned that a residential development near Highway 13 would increase the traffic volume and thus put the residents'safety at risk. She further inquired as to whether there could be signalizatian with the increase volume of traffic at Seneca and Highway 13. Ridley advised that the Minnesota Transportation Planner reviewed the subject proposal and informed City staff that MnDOT would prefer a right-in right-out to the development off of Highway 13 and that there is a good possibility that a traffic control signal will be installed at Blackhawk and Highway 13. Mr. Ridley indicated that no stop light is proposed at Seneca because of its close proximity to Silver Bell Road. Member Segal moved, Burdorf seconded,a motion to recommend approval of a Multi-Family Site Plan consisting of 32 lots on approximately 40 acres for 221 townhouse units located south of Robin Lane,east of Highway 13 in the SW1 of Section 17. All approved in favor. Member Burdorf moved,Carlson seconded, a motion to recommend approval of a Preliminary Subdivision consisting of 32 lots on approximately 40 acres for 221 townhouse units located south of Robin Lane, east of Highway 13 in the SW% of Section 17, subject to the following conditions: Standard Conditions 1. These standard conditions of plat approval as adopted by Council action on Februaty 2, 1993, shall be complied with: Al, B1,B2, B3,B4, Cl,C2, C3,C4, D1, P.1,Fl, G1, and 141. Site Plan 2. Units located within Lots 7-10. Block 4 shall be approved with a 25' front building setback. 3. Private access drives are allowed to be constructed to a 20'back of curb to back of curb width. 1. SENT BY: 4-27-95 ; 1:46PM ;SEVERSON WILCOX SHEL-+ 612 881 4380;#12/21 Page 11 April 25,1995 ADVISORY PLANNING COMMISSION 4. The guest parking areas shall provide 10'X 18' stalls and be surfaced with bituminous and edged with concrete curb and gutter. liandscph 5. Tree preservation replacement trees shall be identified on the Landscape Plan, 6. The Landscape Plan shall be revised to provide a more diverse shade tree selection and a higher percentage of the proposed evergreen trees used to buffer the site from Highway 13. Gradjpg/Utilities 7, The Developer shall submit detailed plans and specifications for the proposed retaining wall construction prior to Final Subdivisions approval. 8. The wetland replacement shall be provided as shown on the wetland replacement plan dated March 17, 1995. Storm Drainage 9. The Developer shall extend the 15" storm sewer line to the edge of the southwestern wetland to prevent future erosion from occurring at the outlet of the 15" line. Utilities 10. The extension of the 8"watermain will be required across Highway 13 and connecting to the existing 16" watermain before occupancy of any second or third phase dwelling unit. Acce treet Design/Right-Of-Way 11. If this project develops prior to the Seneca Hills development, the developer will be responsible for providing southerly access to Highway 13 prior to occupancy of any Phase 2 or Phase 3 dwelling units. 12. Appropriate public right-of-way width shall be determined prior to City Council action on die Final Subdivision. 13. The developer shall dedicate restricted access along Highway 13. SFdrr BY: 4-27-95 ; 1:47PM ;SEVERSON W I LCOX S11EL-' 612 681 4360413/21 Page 12 A01 25,1995 ADVISORY PLANNING COMMISSION 14, Highway 13/Seneca Road access shall be provided prior to final platting the areas designated as Phase 2 and Phase 3 on the Preliminary Plat. 15. •The cost of any modifications/improvements associated with this shared access point shall be born by the benefiting properties. Tree Preservation 16, The Developer shall provide tree protection measures (i.e. 4 foot polyethylene laminate safety netting)to be installed at the Drip)nine or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trecs/woodlands to be preserved. 11. The Developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Dedications 18. This development is subject to a cash park, trail, and water quality dedication. 19. The Developer shall provide sonic informal play opportunities in designated open areas. Homeowners'Association 20. The Developer shall be responsible for preparing and recording, with the plat, appropriate documents establishing a Homeowners' Association. The documents must be submitted and approved by the City Attorney's office prior to final plat approval. Transfers of, common areas to the Homeowners' Association shall be recorded with the plat. F.ajements 21. The Developer shall be responsible for preparing and recording, with the plat,easements for ingress and egress. The easements must be submitted and approved by the City Attorney's office prior to final subdivisions approval. 22. If this project develops prior to Seneca Hills project, the Developer will be responsible for providing a temporary cul-de-sac at the south end of the public street serving this development. CT\ SENT BY: 4-28-95 ; 9:55AM ;SEVERSON WILCOX SH L 612 681 4360;# 2/ 2 Page 13 April 25, 1995 ADVISOR?PLANNING COMMISSION P1 23.' The Developer shall plat the subdivision. All approved in favor, PLANNING REPORT CITY OF EAGAN REPORT DATE: April 10, 1995 CASE #: 17-PP-5-2-95 APPLICANT: Centex Real Estate Corp HEARING DATE: April 25, 1995 PROPERTY OWNER: Madison Comm. Foundation PREPARED BY: Mike Ridley REQUEST: Preliminary Subdivision (Vermilion) and Multi-Family Site Plan LOCATION: East of Highway 13, South of Robin Lane (SW 1/4 of Section 17) COMPREHENSIVE PLAN: D-III, Mixed Residential (6-12 units/acre) ZONING: Townhouse (R-3) SUMMARY OF REQUEST Centex Real Estate Corp is requesting approval of a Preliminary Subdivision and Multi- Family Site Plan consisting of 32 lots on 39.68 acres for 221 townhome units and Variances to the front building setback for 16 units. located along the east side of Highway 13 in the SW 1/4 of Section 17. AUTHORITY FOR REVIEW City Code Chapter 13, Section 13.20, Subd.6.states:In the case of subdivision,the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. • O0 ( Planning Report - Vermilion April 25, 1995 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. - That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible. and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as.if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY There have been no previous development applications for this 40 acre site; however, the subject site was reviewed as part of the 98 acre "Area K" in the City's Multi-Family Residential Land Use Study. Area K had a mix of zonings (Ag, R-3, and R-4) and Guide Plan designations (D-III and D-IV) in place at the time of the review (1989-1990). In 1990, the City Council approved a rezoning to R-3 and a Guide Plan amendment to D-III for the entire 98 acre study area. EXISTING CONDITIONS The site grade changes substantially and existing vegetation generally consists of sumac and small boxelders. The site grade falls over 100' from the high point in the southeastern Planning Report - Vermilion April 25, 1995 Page 3 portion of the site to the low point on the western edge along Highway 13. It does not appear that the property was ever farmed; however, the short patchy grasses and scattered trees indicate that the site was used for grazing purposes. All of the trees on site are secondary quality and appear to be a product of volunteer growth. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North -Blackhawk Forest subdivision (single family) - Pending R-1 zoning and D-I guide. South - Undeveloped/Shannon Glen Condos; zoned R-3/R-4; designated D-III/D-IV. East - Blackhawk Forest subdivision (single family) - Pending R-1 zoning and D-I guide. West - Hwy 13/assorted industrial; zoned Light Industrial; designated Industrial. EVALUATION OF REQUEST Preliminary Subdivision Compatibility with Surrounding Area-The proposed land use is consistent with the existing zoning (R-3) and Guide Plan designation (D-III). The 40 acre townhouse development should be consistent with the immediate area surrounding the site, as well as the general area of the City. This development will be compatible with the existing Shannon Glen condominiums, Blackhawk Acres townhomes, and the proposed Seneca Hills townhomes. Also, the timing of the Centex site grading will likely coincide with the street,utility, and single family home construction involved with the pending Blackhawk Forest subdivision and therefore, future single family homeowners should have knowledge of the townhome development. Density-The gross density of the proposed development is 53 units/acre. Public right-of- way,wetlands,and ponding areas comprise 5.4 acres of the site which results in a net density of 6.4 units/acre. The net density is consistent with existing R-3 Zoning and D-III Guide Plan designation. Units - The applicant is proposing two different types of housing within the development. The northerly and westerly portions of the site will be developed with 148"Carriage Home" units that are two bedroom, two story units. These units are provided in four, ten, and twelve unit buildings. Each unit has a single stall (end units have double garage) attached garage with direct access to the main floor. ,c33 Planning Report - Vermilion April 25, 1995 Page 4 The southeasterly, and highest, portion of the site will be developed with 73 single level townhome units to be sold as condominiums. Each of these units will have two bedrooms, optional basement, and a two-car attached garage. The site grade from this high point will permit many of these units to be built as walkouts. Phasing- The developer is proposing to develop the 40 acre site in three phases generally described as follows: Phase 1: Northcentral area of site. Phase 2: Southeastern area of site. Phase 3: Southwestern area of site. Architecture - The applicant is proposing maintenance-free siding for all buildings with a brick facia approximately 6'high from grade around all sides of the slab on grade units and about 3' high on the single level townhomes. Setbacks - The applicant is requesting a 5' variance to the required 30' front building setback from public right-of-way for 15 of the townhouse units. The variance is requested in order to minimize impact to the steep slope that these walk-out units back up to. Each of these units provides a two car garage. All other building and parking setbacks are met. Guestl'arking-The developer is providing 59 guest parking spaces scattered around the site generally to serve the "Country Home"units which provide double car garages to end units only. The guest parking areas should provide 10'x 18'stalls and be surfaced with bituminous and edged with concrete curb & gutter. landscaping - The Landscape Plan requires minor revisions to be acceptable. The developer needs to identify,which trees on the plan represent the required replacement mitigation trees. In addition, staff would prefer to see a more diverse shade tree selection and a higher percentage of the proposed evergreen trees used to buffer the site from Highway 13. Grading/Wetlands-The Grading Plan is acceptable. A considerable amount of grading will be necessary to prepare this site. The preliminary grading plan shows the maximum cut is 38 feet and the maximum fill is 30 feet. This amount of grading provides a high potential for erosion on this site;therefore,strict erosion control measures will be required to protect erosion from entering the existing wetlands on site. Four sections of retaining walls are shown on the preliminary grading plan. The developer should submit detailed plans and specifications of the proposed retaining wall construction prior to Final Subdivision approval. C9 Planning Report - Vermilion April 25, 1995 Page 5 The developer has identified three wetland basins which total 1.47 acres of the site. The developer is proposing to fill 0.08 acres of the northerly wetland in order to provide the public street connection to Robin Lane. The Water Resource Coordinator has determined this impact is unavoidable and the APRNRC has approved of the wetland replacement in the northwest corner of the site at the required 2:1 ratio. Storm Drainage/Water Ouality - The Storm Drainage Plan requires minor revisions to be acceptable. Storm water runoff will be conveyed to the two existing wetland systems on site. The two wetlands will be connected via storm pipe installed by the developer. There is an existing 15" storm sewer line in the southwesterly corner of this site. This existing storm sewer currently discharges into the Highway 13 ditch system. The preliminary storm drainage plan shows drainage from Burgundy Court South directed to the existing line. The developer should extend the 15"storm sewer line to the edge of the southwestern wetland to prevent future erosion from occurring at the outlet of the 15" line. Run off from the site does not discharge to any downstream recreational water body. As proposed, water quality treatment requirements cannot be fully met on site; therefore, the developer will be subject to a cash water quality dedication for any shortfall in on site treatment. Utilities - The Utility Plan is acceptable. Sanitary sewer and watermain are available to serve the site; however, the developer will have to coordinate with L.G.A. development to the south (Seneca Hills) to provide watermain to serve the southerly half of the Centex site. This connection will have to be made prior to phase 2 or 3 development. Additionally, the water system serving the area is in the low level pressure zone which may not provide adequate water pressure to some of the units located on Merlot Curve. Proper pressure can be provided via the installation of booster pumps in each unit. Sidewalks-The developer will be constructing an 8'bituminous trail along the easterly edge of the proposed street. The trail is proposed to extend from the Seneca Hills development to Robin Lane. Access/Street Design-The development is proposing a public street that will loop through this site from Robin Lane to the north to the Seneca Hills development to the south. The. Seneca Hills development is proposing to extend the public street to Highway 13 at the Seneca Road intersection. MnDOT has reviewed the proposed subdivision and is requesting modifications to Highway 13.at the Seneca Road intersection. The cost of any modifications/improvements associated with this shared access point should be born by the benefiting properties. to Planning Report - Vermilion April 25, 1995 Page 6 The design of the proposed private street system is consistent with City Code requirements; however, the developer is proposing 16' wide private access drives to individual unit driveways. The City Code requires certain street widths based on the number of units served by that street/drive and public safety concerns. The variance request has been reviewed by the City's Fire Marshal and there are no safety concerns with the proposed drive widths because of the short length of each drive. Based on 5.86 trips(Source:Institute of Transportation Engineers Design Manual)per unit, per day, the traffic generated from this and the neighboring Seneca Hills development will produce approximately 759 trips per day in each direction on the proposed public street. This traffic volume requires a public street designed to meet a medium volume local access street with a width of 32 feet face-to-face. If this project develops prior to the Seneca Hills development, the developer will be responsible for providing southerly access to Highway 13 prior to any building permits being issued for Phase 2 or Phase 3 construction. Easements/Right-Of-Way/Permits - The existing 12" sanitary sewer line that runs along Highway 13 currently does not have a wide enough permanent drainage and utility easement over it to meet the City's standards; therefore, the developer should dedicate additional easements to cover the 12" sanitary sewer line. The proposed public street connection to Highway 13 is predicated on the proposed L.G.A. development dedicating right-of-way for the public street intersection with Highway 13 and the easterly extension of the street until it enters the subject site in the southeast corner. If the L.G.A. development does not proceed in conjunction with this proposal, Centex will be responsible for providing an alternate access to Highway 13 prior to occupancy of any Phase 2 or Phase 3 dwelling unit. Any work within the MnDOT right-of-way will require a MnDOT permit. Also,permits will need to be obtained from MPCA, MCWS, and Minnesota Department of Health for the proposed utility construction. Tree Preservation Plan-The Tree Preservation Plan submitted is acceptable. The Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) has recommended approval of the Plan. Park Dedication - In addition to a cash park and trail dedication, the APRNRC is recommending that the developer shall provide some informal play opportunities in designated open areas. There is an acceptable open recreation area designated within the Merlot Curve loop street on the preliminary Site Plan. aD • Planning Report - Vermilion April 25, 1995 Page 7 In addition to this area being relatively flat, it also provides a scenic view of the river valley and downtown Minneapolis. The APRNRC has directed the developer to provide some amenities for this area (benches, grills, etc). SUMMARY/CONCLUSION The proposed land use and density are consistent with the existing R-3 Zoning and D-III Guide Plan designation. The townhouse development will also be compatible with existing and future land use in the area. DICTION TO BE CONSIDERED To recommend approval/denial of the 221 townhouse unit Site Plan and the 87 lot Vermilion subdivision. Approval subject to the conditions listed below. Standard Conditions 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4, El, Fl, G1, and Hl. Site Plan 2. Units located within Lots 7-10, Block 4 shall be approved with a 25' front building setback. 3. Private access drives are allowed to be constructed to a 20' back of curb to back of curb width. 4. The guest parking areas shall provide 10'x 18'stalls and be surfaced with bituminous and edged with concrete curb & gutter. Landscaping 4. Tree preservation replacement trees shall be identified on the Landscape Plan. 5. The Landscape Plan shall be revised to provide a more diverse shade tree selection and a higher percentage of the proposed evergreen trees used to buffer the site from Highway 13. grading Plan/Wetlands 6. The developer shall submit detailed plans and specifications for the proposed Planning Report - Vermilion April 25, 1995 Page 8 retaining wall construction prior to Final Subdivision approval. 7. The wetland replacement shall be provided as shown on the wetland replacement plan dated March 17, 1995. Storm Drainage 8. The developer shall extend the 15" storm sewer line to the edge of the southwestern wetland to prevent future erosion from occurring at the outlet of the 15" line. Utilities 9. The extension of the 8"watermain will be required across Highway 13 and connecting to the existing 16"watermain before occupancy of any second or third phase dwelling unit. Access/Street Design/Right-Of-Way 10. If this project develops prior to the Seneca Hills development, the developer will be responsible for providing southerly access to Highway 13 prior to occupancy of any Phase 2 or Phase 3 dwelling unit. 11. Appropriate public right-of-way width shall be determined prior to City Council action on the Final Subdivision. 12. The developer shall dedicate restricted access along Highway 13. 13. Highway 13/Seneca Road access shall be provided prior to final platting the areas designated as Phase 2 and Phase 3 on the Preliminary Plat. 14. The cost of any modifications/improvements associated with this shared access point shall be born by the benefiting properties. Tree Preservation 15. The developer shall provide tree protection measures (i.e. 4 foot polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 16. The developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Dedications 17. This development is subject to a cash park, trail, and water quality dedication. 18. The developer shall provide some informal play opportunities in designated open areas. Cj° g Planning Report - Vermilion April 25, 1995 Page 9 Homeowners' Association 19. The developer shall be responsible for preparing and recording, with the plat, appropriate documents establishing a Homeowners' Association. The documents must be submitted and approved by the City Attorney's office prior to final plat approval. Transfers of common areas to the Homeowners' Association shall be recorded with the plat. Easements 20. The developer shall be responsible for preparing and recording, with the plat, easements for ingress and egress. The easements must be submitted and approved by the City Attorney's office prior to final subdivision approval. 21. If this project develops prior to the Seneca Hills project, the developer will be responsible for providing a temporary cul-de-sac at the south end of the public street serving this development. Platting 22. The developer shall plat the subdivision. a o1 • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. • B. Easements.and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage,ponding, and utility easements in addition to • public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the • boundaries of this plat as necessary to service or accommodate this development. • 3. . • This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements • to incorporate the required high water elevation plus three (3) feet as • necessitated by storm water storage volume requirements. C. Plans and_Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. • 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • . ato 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements .1. tf any improvements are to be Installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. • E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and1salls Dedication _ a 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, pending, or a combination thereof In accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 19E17 _September 15. 1987 Revised: _ July 10. 1999 • Revised: _Februayy 2. 1993 d LTS+r5 STANDARD.CON FINANCIAL OBLIGATION - Vermillion There are pay-off balances of special assessments totaling$24,384 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas,dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Sanitary Sewer M.F. $19.20/ff 1,839 ff $35,309 Lateral Benefit Water M.F $19..50/ff 578,.96 ff , 11,290 Lateral Benefit Storm Sewer M.F. $43.40/if 100 ff 4,340 Storm Sewer Trunk M.F. $.02/sq ft 1,466,700 sq ft 29.334 Total X80,273 ra [V U i id:‘ 'VG ETENDkF� ST I ` • X4• W JJ !... ,...w - 1 WATER 1 ' TREAT) 1 ;4/// ///9 I t I 1 sK4RK ROAD e 71� itY"1•I`� d , �� , `�MONTEREY LI{1 it7-• ,,,, A 9 A 1 ` KYLLO LN II c �+ t I I ■ � 4,.- ., q . .". . .. `1' ,I4AZEL scr . i ...•41. t MI 4‘ It • i ge( ' . .1411G4cA.. -- SLYER BELL / _ SLY - .. RQ kJ 2 ' '_...; 5 ....Te., , t . ....._ \ _;;.k, IP\_mare] i. ,s4,,, D. '''Off' �' • in . PE wF �y�r j PAR! cs.c) 9.44,6.9 40 ' W000HAVEN 1 Ad° A 1 ts' "o PARK .••? D! DR wi. .0+E' ems' �� ; , I 'a LV' w.r_ 7 so. I !r A88R0 TR -— ' Ia �ERw00D DR. .4 LA 's ! ■ . , . c '�E' TACOMIE IRAL fr . 1; 1 A ARNELIAN t'r y�N 4EMF-R4c0 4 , _WIC LANE .= �;,PARK ;,r,,,_ 1 I.MUOORN i 51IrLAM[L••pit i a ,1� 1 [► �r CT.Sa �' Q-41. $ y 1 4 KA00111.�a lo I.• " 4? 11vu a 110111 � �'�1 h CEDAR4 , ,1 I�1 ' POND . ZitCON , ,`t O' ♦i. . ` ' MILEY RD. G 64 RK a.1 6 1 cT area A,,Ap ar i i CORAL LA.rg5f L CT. hwr _ c.11 l � .J•. � �� , T 1 Q �* '� MBE I z c 1 GLORY DR �� s vl R N t I ' W• , i7(73 VERMILION-CENTEX HOMES • ,11:!-..1; .:�:. ti ^:7:i: .•�Ir 4J` "�.1•�`. _r !illy^• '.",,7:5-7;:.:1,.":1'i: ■'+ ft '__'�' :.`: +., OiluuU. ,•es . - 4;• '7"- `J.•yam.•- .'..H;...�.RTr,,.V:,;','4 r+a .• .y _ ,,.ar;,.. may_ ;' y I" y a:,., r. ?'� 5r, •,4.i• 11> , • ' 0.11 (.: r; -^ 1144 • , 11 -7 1a� 'i.P i t1 .":'' , ?-1;1.5!4.1..%'..fWt"' \0-1 COMPREHENSIVE GUIDE PLAN `'`r D-III Mixed Residential (6-12 units/acre) :�'•�I ` t_ {: .. 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M h 4• I ��P 1 Y �' 2ND A ' O+ C829.7 PLAN , 1 ` 1. � .; `� / r 826.5 1 IC�► 0 it '5. ��5,/.r A-o 1 yy . 829.6 R• CE o / bi..0 ..� K 14 a` I �,,� Q CP-6 3� it - ±�� c INDUS ►' 'A' .? w 790.7. `.�.�ru•rr�` ■ii.• '� �• • 4/ o y If r LL y� � .► .. ��4\-RiDIG 7 i>..":. h* .,-77-. ..eit PA- a "r_ ____ A I KENOF P. .. 0 rr/e 2,,,, _.,. ". irri SILVER I , f / !� 'DITION �� -Lk..et-it ►l's �e Sri 1 1A rr �`• r NiU` N0 . , A-h AeP+3 _ fig 8':4,• JO - CK• •V��1-e' _ .401.• le - Alp MN Im.-...1146 ' t;)lik ir LLAS 40i1/4141\ t r---V. ••••;. . 43., .4" -41- '■i:atr511Klir titoNriotix; ..,,, in zim,„17.- , N 4,,,,,,(RIL' .: OW' TOAF . Of. . . Iv , - 3,LEN-T L FL. -'""1111 / iii Oak\ALACtti., 1411°•tieltY ,Pr. V - .„, if, 0„, 431 ( : 4■11 d urj I TM ‘.V eti fi 'Ter fl136 _ r• a ,r•]t rrT, Tr.T! Y•' A 4J' w v. Z: 411 rI I �•f•� OLACKHIrv�� •.I� " " r •r ti IDE :Co3 : K*6+'•.•�m jl i as c[• aTol 4 s•vi PARK ,S ,>. rli . .\1 A ILL '1=4. Oeitta Ai ��rrrr r,L r no *soh i . I 791 •3 Al.. §,f i w r��- rW LI,P .. tr 3 11: %Al '�r APe�pHAV. 4i� r ♦/ 796 ' pK t. : _llel� tkit,\9.970, .• �� � ,I:i BP-29.1 : 9 , �0+. ..___. �iirmi 4 id "' BP-2 %... _ ?111 916.0 A 04 / i A rryrr�n��h�lj . � iw j .�l�� 920.0 ` liglogssw `-s.r:.-1"4-1 =. ,r,- 114 i 999919 •-• • \tlit' — inTTIIT— Tn�•(VCV. , - - Nr - .-m.--1.-.:.r.rn..1 �` 's 80•2 ,I -- . - PROJECT SITE FIGURE No. 17 • . • _ . STORM SEWER LAYOUT LEGEND ' MAP ��� . .Tort rtwur a•r... .---- --- STO11M LNT STATION WNW • , SWAN LIT STATION 401•000 0 STONM FOAM WA .r•.•■••■ •• CITY OF &WOII DIVISION • • or -- POND NOSMAL WATER LEYEI. . . . . 900.0 • E A G A N WAIT'S ISM NOM �� . wc.r.x sna- ■ • • +et.s't '- ----47-1—.MSE• 80 /, `95 2" . -� - 011 8" AI' C N it _ii. - • -- ---- • tr-- -- -E lf 99.5/ 78 W4FN _-� ;�/ i• ~ 81 108.0 TR •41401 30• _ Q i •'' I 61.0/ O + 79,8/ PL N�HT• ,• ... a, 44:''.' L •t 0'a \ 85,0 SITE.A 1 1 4,,. ,.... („., ,---I ._ 1 , y .' :/ /, \ 1�7 91 $5.61 BROGG. ••••f '. .• 41, L / i C nd • € 70,4/I ,, cc.v. ��- .._. dr u%/ / IN$U vitt. .\A \, 9t20 I ,ti OU 92 80.0/89.0 ;;;�+rni�i''■�� �oQ• i. ,�, 84" w '�'` 07.. 7/97.0 4o _ +�Az) 2/4 93 70.4/80.0 265 " /� v:L Q 18 7- , 890 70.0/.4, , /\ . 4.„ 01/ Zl01Gtvid1.-, 4 _ ■UIft� .0 1 6* $5 • GO 60.0 ` II i `�,A. ■ 8 1.17 • 5�j; ' 20 ;l 4 aim � / •4.8/650 �',\: KENOP -T,�p1 4,11iii _,� � '•� ] ►• .4/74.0 -' ►JI."- ,•��LLAS + �■�1 li� � ff. ��i.b 71.0 '. .- VE _ 0 � FIR13) . . . � .�. '1� � r . , 12 ST • ••N (ED 41a;.4 1r. 1 itk ,,i ‘._?�'� � ' ip14/ Yom, , ` I��`�5���'[.:: „I.,: • 7,:••• :.I 4 -* ■••• ■••--1.,")lip . • • r•777i ••._ -- \-----.., .a-011- 6 34 irit LA,a, .-----...,1 ,,,,,,,::,,, :..., ,.. .. , . . ,k ,,,,I. ,r-,--- ---,----,-..--c J / 0 =i. ,�4/kiP•r+.0.\-1, fin. "*-"e • . �.•ro* 9LACKi1A►NK r of PARK t ' i'). I 1x11 l ., mil.■ . ul 1r T" pp*�A \• _- +N �, WOODHAVEN _ idk v f e ,. 0 PARK ASC jori � v�,H,„q •a lift � '.11 ' ��'��4.1 MIR I s', plill 4 os 0,10.21: Ofie,,,11( ..■ Pin il Aril I • PR Irnrr.l � �t9r�>11e1mr �. /:.�Lbun s50 • A/"_,,,,,,,,„„„, _ • _ - V - PROJECT SITE • • FIG. NO. 8 . • V WATER DISTRIBUTION SYSTEM CITY OF • • r EAGA ' P . • . 1 . , 5?J11 N: I w • --,/ iv CGMSERV•, I."• ,/ i NO. I 6 30° ) Mgro otitnn oste;•� 7 P p / • .. Control tomrnisi9`, - • �- .�� .Seneca �I,Qrit i/ ' �4 (WA P° �' C-D 1 _ - L �' ;• � 3616:// . n ' - '� , INDUS ► 11. - ' , is ii..1.. A+. / , . .,."-- •/ c.i..„:., ',' :,,,e41130,, 7—, ' -V ?Bi- cep to �� • _ ' 11 `•.TA KENOF i��`S - '\`• / I 12 eI - ai Key, . »,(ire • AV \ ADDITION C- �''� I 712 1 I G• •� az -w �rti •a' "'y CK¢� 1 �; 0 �`5 BL J r � ILL r" I 1 •i I 10 Ir.I_......AT ADD C 4 -, ___./N.Thel i:08.501 kiiii)-\ � I stk. '' - LA HOV � irk •��.��1: -,.�, I -:,1-2. /, -,--1:.tzu " �:�' • �� ' r �' BLACKHAMK ' 4 ' .W. .,„ it I •� �~ IT it , . :111 11 PARK o ' �� '�, 111/ %/4..., e WOODHAVEN ■► aiZ • �� a _ -�.- � rr,. PARK ' ..lt_ Ih' •'4Ir►•�� r.1', 11 e. -- r. - .,0"Sgt..«►,: • �� J�� a all•i, a.C�..r-1 i J ••-. . .. I IS relM 4 4 k A P 1 A'I ' ■■°':' -;- V - - PROJECT SITE FIG. NO. 7 SANITARY SEWER TRUNK LAYOUT CITY OF • 1 . EAG A ,7_______..----). • 13, 1 Agendallifitamation Memo May 2; 1:998'Eagan City Council Meetiiiii*''v`:' E. PRELIMINAR186 SUBDISTIMONitfrilq-UUM_FAMILY.Sittl,PLAN 1W,died frli - ACTION TO BE CONSIDERED: To approve or(toy.a Preliminary Subiliyision($eiteea.Hills:Arktiti91:) 414,4.ttUltirfgnily site plAn. consisting of forty tots on approkinfatqlOckaCtoi.0 iltirtightlewinha4e.UnOloeated.east of Highway 13 and north-of Silver Bell Shopping center in the southwest 1/4 of SectiOn 17 subject to the twenty-two conditions recominendedby the Advisory Planning Conunission. FACTS: The Advisory Planning Commission conducted a public hearing on April 25 and recommends approval subject to the conditions. BACKGROUND/ATTACHMENTS: Advisory Planning Conuni$sion 5inptes on page(s) -.?-230 Staff report on page(s)..)3 / lesTi:q4 tiribii R631)t.ik 11:■44;4.0.07) 4)#1%A'S kfl 41 ttlkari ittal.4111i1 ',111).1.;,.Jk.M.$5201,ENIA.M11 t OT 01011'21A •. tiftit.; tiket:rt-ith,ra 1.elo kn• vfirft:21-,; ja \Tait) 10 e,/' k 14`- tatitiS'Zfi'v!, ?Tint; tti..>4"."*CiftVir.r: la f1,:4i0".:YLVPIA;.! Be.41 11: " fite dtron bria f tswpittit eftirti-7,... rd: 04.1ve,:strf ik nt) •) vit.A 3:n. • :44! P-4,30114- k.'■GPItife - fl'. 114.51tIRC3 g.riPIlltsrfe 11:104';'4A Tole01 Omni: 4.1 • SEM' BY: 4-27-95 ; 1:48PM ;SEVERSON WILCOX SI L 612 681 .4360;#15/21 Page 14 April 25,1905 ADVISORY PLANNING COMMISSION SENECA HILLS- PRELIMINARY SUBDIVISION AND MULTIPLE FAMILY SITE PLAN Chairperson Miller opened the next public hearing of the evening regarding a Preliminary Subdivision (Seneca Hills Addition) and a Multiple Family Site Plan consisting of 40 lots on approximately 10 acres for 38 townhouse units located east of Highway 13 and north of Silver Bell Shopping Center in the SW%of Section 17. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated April 17, 1995, as amended by City staff on April 25, 1995, Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley noted that the landscaping and the tree preservation plans were unacceptable as originally submitted. Mr. Ridley noted that the applicant has since submitted a revised plan which brings the tree preservation plan more into compliance; however, additional revisions were necessary and the Developer was willing to work with the City Forester. Mr. Ridley concluded that the proposed land use is consistent with the future and existing development of the area. Jim Waters of L.G.A. Investment Group, representative of the applicant, stated that he concurs with the staffs report. He further stated that the revised tree preservation plan reduces tree loss to 28% from the 37V2% as originally proposed. The applicant requests approval of its proposal. A resident who resides at the Shannon Glen Condominiwuns stated that she was not opposed to the development but was concerned with the development's impact on the wildlife refuge and the poor water quality of the nearby drainage pond. John Wingard, Development/Design Engineer, stated that the pond in the southeast corner of the subject property has had maintenance problems and as a result the applicant has agreed to excavate the pond ten feet for a lower elevation and to install inlet and outlet piping for water quality management. Wingard further stated that the work done to promote the water quality of the pond will result in tree loss. Member Hey' moved, Isberg seconded. a motion to recommend approval of the Preliminary Subdivision Plan consisting of 40 lots for 38 townhouse units on 9.85 acres located on the east side of Highway 13,just north of Silver Bell Shopping Center in the SW' of Section 17, subject to the following conditions; SENT BY: 4-27-95 ; 1:49PM ;SEVERSON WILCOX SHEL4 612 681 4360;#16/21 Page l5 April 25,1995 ADVISORY PLANNING COMMISSION Standard Conditions 1. Three standard conditions of plat approval as adopted by Council action. on February 2, 1993, shall be complied with: Al,B1,B2,B3, B4,CI, C2,C3, C4, D1,El,Fl, 01,and Hi. Archjtecture 2. The exterior building materials shall be maintenance free and include a minimum of 20%brick. Site Plan 3. Setback issues will be addressed subsequent to staff approval of a Tree Preservation Plan. Landscaping 4. The Landscape Plan shall be revised to add more plant material, a plant material schedule, and a typical planting plan around each building. 5. The revised Landscape Plan shall be reviewed and approved by staff prior to City Council action on the Final Subdivision. Grading/Utilities 6. The Developer shall revise the Grading Plan to provide a five foot berm along the Highway 13 right-of-way. 7. The Developer shall abandon all well and septic systems on site according to Dakota County and City standards. 8. Detailed plans and specs showing.the.retaining wall-construction-shall-be- reviewed and approved by City staff, prior to any site grading. 9. A fence or railing between 4-6' in height shall be built at the top of the retaining wall system. 10. The Developer shall construct 400'of 8" sanitary sewer to the north of this site along the MnDOT Highway 1.3 right-of-way line to provide sanitary sewer service to this site. SENT By; 4-27-95 ; 1:49PM ;SEVERSON WILCOX SHED 612 681 4360;#17/21 Page 16 April 25,1995 ADVISORY PLANNING COMMISSION Right-Of-Way 11. Appropriate public right-of-way width shall be determined prior to City Council action of the Final Subdivision. 12. If the Centex development to the north does not proceed in conjunction with this project, the Developer shall obtain the additional 2,500 SF of additional right- of-way for the public street connection with Highway 13, prior to Final Subdivision approval. 13. The Developer is responsible for the cost of any required improvements o the Highway 13/Seneca Road intersection. 14. Highway 13/Seneca Road intersection issues shall be resolved prior to City Council action on the Final Subdivision. 15. The Developer shall dedicate restricted access along Highway 13 (except at the access point). • 16. Site Plan approval, as proposed in relation to Lots 4-8, Block 1, is contingent upon City Council approval/authorization of vacation of the easement for the existing 15" storm sewer line. Tree Preservation 17. A revised tree and woodland preservation plan must be reviewed and approved by City staff prior to City Council action on this Preliminary Subdivision. 18. The Developer shall provide tree protection measures (i.e. 4 foot polyethylene laminate safety netting)to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 19. The Developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Dedications 20. This development is subject to. a cash park, trail, and water quality dedication. • c.:9---°\ - t SENT BY: 4-27-95 ; 1:50PM ;SEVERSON WILCOX SHEL-' 612 681 4360;#18/21 Page 17 April 25, 1995 ADVISORY PLANNING COMMISSION (Homeowners'Association 21. The Developer shall be responsible for preparing and recording, with the plat, appropriate documents establishing a Homeowners' Association, The documents must be submitted and approved by the City Attorney's office prior to final plat approval. Transfers of common areas to the Homeowners' Association shall be recorded with the Pig Platting 22. The Developer shall plat the subdivision. All approved in favor. Member Heyl moved, lsberg seconded, a motion to recommend approval of the Multiple Family Site Plan consisting of 40 lots for 38 townhouse units on 9,85 acres located on the east side of Highway 13, just north of Silver Bell Shopping Center in the SW%of Section 17. All approved in favor. • 3D PLANNING REPORT CITY OF EAGAN REPORT DATE: April 17, 1995 CASE #: 17-PP-8-3-95 APPLICANT: L.G.A. Investment Group HEARING DATE: April 25, 1995 PROPERTY OWNER Todd Utecht PREPARED BY: Mike Ridley REQUEST: Preliminary Subdivision (Seneca Hills) and Multi-Family Site Plan LOCATION: 3768 Sibley Memorial Highway COMPREHENSIVE PLAN: D-III, Mixed Residential (6-12 u/ac) ZONING: Townhouse, R-3 SUMMARY OF REQUEST The L.G.A. Investment Group is requesting approval of a Preliminary Subdivision and Multiple Family Site Plan consisting of 40 lots for 38 townhouse units on 9.85 acres located on the east side of Highway 13,just north of the Silver Bell Shopping Center in the SW 1/4 of Section 17. AUTHORITY FOR REVIEW City Code Chapter 13, Section 13.20, Subd.6. states:In the case of subdivision,the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental.damage. Planning Report - Seneca Hills April 25, 1995 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. L That the subdivision has been properly planned for possible solar energy system use, within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible• and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the 'Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully • set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY This proposal includes an unplatted 8.6 acre parcel that has had no previous development requests associated with it and a 1.2 acre parcel currently platted as Outlot A,Eagan Metro Center 2nd Addition (Shannon Glen Condominiums), which was platted in 1980. Review of the Eagan Metro 2nd Addn plat file indicates that this portion of the subdivision was platted as an outlot merely for tax purposes. EXISTING CONDITIONS There is an existing home on the site that was built in 1957. The ten acre site is located on a north/west facing slope adjacent to Highway 13 just south of the 40 acre Goodman property (Centex development). The site is approximately fifty percent wooded with a variety of deciduous and conifer species. The existing vegetation is concentrated to the east Planning Report - Seneca Hills April 25, 1995 Page 3 half of the site, surrounding the house, outbuildings and pool area. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Undeveloped (Centex proposal) - zoned R-3 and designated D-IIL South - Silver Bell Center/Shannon Glen Condos; zoned NB/R-4; designated NB/D-IV.. East - Shannon Glen Condos; zoned R-4; designated D-IV. West - Hwy 13/assorted industrial; zoned Light Industrial; designated Industrial. EVALUATION OF REQUEST Preliminary Subdivision Compatibility with Surrounding Area-The proposed land use is consistent with the existing zoning(R-3) and Guide Plan designation (D-III). The 10 acre townhouse development will be compatible with the immediate area surrounding the site, as well as the general area of the City. Density-The gross site density of the proposal is 3.9 units/acre. Removing the public right- of-way and wetland area results in a net site density of 5.2 units/acre. Units - The developer is proposing all single story units. Each 1,500 SF unit has two bedrooms and an attached double car garage. The site grade will allow approximately half of the units to constructed with rear walkouts. Architecture-The developer has provided staff a preliminary building design;however,the elevation drawing does not identify the type of exterior materials to be used or the amount of brick. The developer has not finalized the particular materials to be used;however,some percentage (generally 20-40%) of the maintenance-free exterior should consist of brick. Setbacks-All front and rear building setbacks are met;however,the developer is proposing a number of side yard building setback variances. The original submission provided 20'side yard setbacks between buildings and the developer was informed that the required setback between buildings in the R-3 zone is 30'. The revised Site Plan proposes a 5' side setback variance to allow a building separation of 25' between buildings on Lots 6 & 7, 8 & 9, Block 1 and Lots 2 & 3, 4 & 5, 6 & 7, 8 & 9, 10& 11,Block 2. The developer also proposes a 20'setback between the buildings on Lots 12 & 13, Block 1. 3 Planning Report - Seneca Hills April 25, 1995 Page 4 According to the developer, the proposed setback deviations are requested so that more trees and woodlands can be saved. The Advisory Parks, Recreation, and Natural Resource Commission(APRNRC) reviewed the revised plans on April 17, 1995 and directed the City Forester to work with the developer to provide a more acceptable tree and woodland preservation plan. landscaping-The Landscape Plan submitted is not acceptable. The plan should be revised to increase the number of evergreen and deciduous trees and the incorporation of ornamental trees, shrubs, and ground covers. The plan should include a proper plant material schedule indicating: plant size, root condition, and quantities. Additional information should also include a typical planting plan for each building. Grading/Wetlands - With minor revisions, the Grading Plan submitted will be acceptable. The plan should be revised to add a five foot high berm along the Highway 13 right-of-way. There will be a maximum cut of 20 feet and a maximum fill of nine feet. The Plan also shows a 14-18' tall retaining wall behind units 21-24. Due to the height of the wall the developer should provide a fence or railing at the top of the wall. Neither of the two small jurisdictional wetlands on site that comprise 0.34 acres will be filled or drained. Storm Drainage/Water Ouality-The Storm Drainage Plan submitted is acceptable. Storm runoff from this site will be directed to Pond AP-5.2, located on the property to the north. The bottom of the small wetland located in the southeast corner of the site (Pond AP-5) should be lowered approximately ten feet to improve the water quality treatment capabilities of this pond. Utilities - The Utility Plan submitted is acceptable. The developer must extend a sanitary sewer line approximately 400 feet along the Highway 13 (MnDot) right-of-way to serve the site. The developer must also extend watermain approximately 260 feet across Highway 13 at the Seneca Road intersection to serve the site. Although the watermain system in this area is fed from the low level pressure zone, the water pressure to all of the proposed units should be adequate. Sidewalks - The developer will be constructing an 8' bituminous trail along the southerly edge of the proposed street. The trail is proposed to extend through the Vermilion development to Robin Lane. Access/Street Design - The access and street design is acceptable. The site will be served by a single public street that connects to Highway 13 at the Seneca Road intersection, curves 03 Li Planning Report - Seneca Hills April 25, 1995 Page 5 easterly through the site before turning north and heading into the 40 acre Goodman property. The street design also provides for an eight bituminous trail to be constructed along the south side of the public street. MnDOT has reviewed the proposed subdivision and is requesting modifications to Highway 13 at the Seneca Road intersection. The cost of any modification/improvements shall be born by the developer. City staff is reviewing the design anT right-of-way width of the proposed internal public • street. Depending on the final configuration of the Seneca Road/Highway 13 intersection, traffic projections may warrant a wider public street to properly serve this development. If this project develops prior to the Centex project, the developer will be responsible for providing a temporary cul-de-sac in the north east area of the subdivision. Easements/Right-Of-Wa�y/Permits-At staff's request,the developer provided a 65'right-of- way for the public street. The ultimate right-of-way width necessary may change when the Highway 13 access issue is resolved. The developer will be responsible for vacating the existing storm sewer easement as part of the realignment of this line. The proposed layout of Lots 4-8, Block 1, is contingent upon City Council approval/authorization of vacation of the easement for the existing 15" storm sewer line. The proposed public street connection to Highway 13 is predicated on the proposed Centex development dedicating approximately 2,500 SF of right-of-way for this intersection. If the Centex development does not proceed in a timely fashion, L.G.A. Investment Group will be responsible for obtaining this additional right-of-way. If a temporary cul-de-sac is necessary due to timing issues, the developer shall obtain an easement for the cul-de-sac if it is to be located off the subject site. The developer will be required to obtain permits from MnDot for work in the Highway 13 r-o-w and the construction of utilities will require permits from MPCA, MCWS, and Minnesota Department of Health. Tree Preservation Policy - The Tree Preservation Plan submitted is unacceptable. The developer is proposing to remove 69.3% of the significant woodlands on site. This exceeds the allowable removal (without mitigation) of 47.5%. As proposed,the mitigation required for this level of removal is 136 category B or 273 Category C trees. The APRNRC is requesting the developer to provide a more sensitive site layout in relation Planning Report - Seneca Hills April 25, 1995 Page 6 - to significant trees and woodlands on site. In this regard, the APRNRC directed the developer to work with the City Forester to bring the tree loss percentages into a more acceptable range with specific attention being paid to a number of"specimen" trees,which are 30" or larger hard wood trees. The developer should also revise the plan to relocate the tree protection fencing further away from the "save trees" a distance equal to one foot setback for every inch of tree diameter. Any required mitigation replacement trees shall be added to the revised Landscape Plan after it has been approved by staff. Park Dedication - The APRNRC is recommending a cash park and trail dedication. The developer will receive a trail dedication credit for constructing an eight foot wide bituminous trail along the south side of the proposed public street. SUMMARY/CONCLUSION The proposed land use is consistent with the existing zoning and guide plan designation of this property. The development will be compatible with existing and future development in the area. The general development layout, proposed access, and density will provide a suitable site development; however, specific natural resource issues must be resolved. Generally, setback variances have been viewed in a favorable light by the Advisory Planning Commission and City Council, if the departure from the strict application of setback requirements results in an elevated preservation of natural resources. The proposed development,utilizing reduced side yard building setbacks,substantially exceeds the allowed amount of significant woodland removal (without mitigation) for this site. The reduced side yard setbacks have allowed the developer more latitude in building placement; however, the APRNRC was not satisfied with the end result. Depending on the outcome of further design work between the developer and the City Forester, modification to the site layout is likely. If a satisfactory reduction in tree/woodland loss does not occur, the APRNRC has directed the City Forester to bring the item back before the commission at their regularly scheduled meeting in May. ACTION TO BE CONSIDERED • To approve/deny the Site Plan for a 38 unit townhouse development and a Preliminary Subdivision for Seneca Hills, consisting of 40 lots on 9.85 acres located at 3768 Sibley Memorial Highway in the SW 1/4 of Section 17. Approval subject to the following conditions. • Plan nine Report - Seneca Hills April 25, 1995 Page 7 Standard Conditions 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4, D1, El, Fl, Gi, and Hl. Architecture 2. The exterior building materials shall be maintenance free and include a minimum of 20% brick. iePl 3. Setback issues will be addressed subsequent to staff approval of a Tree Preservation Plan. Landscaping 4. The Landscape Plan shall be revised to add more plant material, a plant material schedule, and a typical planting plan around each building. 5. The revised Landscape Plan shall be reviewed and approved by staff prior to City Council action on the Final Subdivision. Grading/Utilities 6. The developer shall revise the Grading PIan to provide a five foot berm along the Highway 13 right-of-way. 7. The developer shall abandon all well and septic systems on site according to Dakota County and City standards. 8. Detailed plans and specs showing the retaining wall construction shall be reviewed and approved by City staff, prior to any site grading. 9. A fence or railing between 4-6'in height shall be built at the top of the retaining wall system. 10. The developer shall construct 400' of 8"sanitary sewer to the north of this site along the MnDOT Highway 13 right-of-way line to provide sanitary sewer service to this site. Right-Of-Way 11. Appropriate public right-of-way width shall be determined prior to City Council action on the Final Subdivision. (357 Planning Report - Seneca Hills April 25, 1995 Page 8 12. If the Centex development to the north does not proceed in conjunction with this project, the developer shall obtain the additional 2,500 SF of additional right-of-way for the public street connection with Highway 13,prior to Final Subdivision approval. 13. The developer is responsible for the cost of any required improvements to the Highway 13/Seneca Road intersection. 14. Highway 13/Seneca Road intersection issues shall be resolved prior to City Council action on the Final Subdivision. 15. The developer shall dedicate restricted access along Highway 13 (except at the access point). 16. Site Plan approval, as proposed in relation to Lots 4-8, Block 1, is contingent upon City Council approval/authorization of vacation of the easement for the existing 15" storm sewer line. Tree Preservation 17. A revised tree and woodland preservation plan must be reviewed and approved by City staff prior to City Council action on this Preliminary Subdivision. 18. The developer shall provide tree protection measures (i.e. 4 foot polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 19. The developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Dedications 20. This development is subject to cash park, trail, and water quality dedication. Homeowners' Association 21. The developer shall be responsible for preparing and recording, with the plat, appropriate documents establishing a Homeowners' Association. The documents must be submitted and approved by the City Attorney's office prior to final plat approval. Transfers of common areas to the Homeowners' Association shall be recorded with the plat. Platting 22. The developer shall plat the subdivision. 3e' STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. • B. Easements and_Rights4:f-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and - location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage;ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this • • development. 3. • This development shall dedicate all public right-of-way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements • to incorporate the required high water elevation plus three (3) feet as • necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be •, prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public improvements .1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits - 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. ,Parks and Traits Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other. 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25.j987 Septeanbey 15,1987 Revised: _July 10, 1o90 Revised: _February 2`1993 LTS#5 0 STANDARD.CON FINANCIAL OBLIGATION - Seneca Hills There are pay-off balances of special assessments totaling $5,739 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas,dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Trunk M.F. $835/lot 33 lots $27,555 Lateral Benefit Storm Sewer M.F $45.10.L.F. 75 L.F. 3,382 Storm Sewer Trunk M.F. $.02/sq ft 358,943 sq ft 7.175 Total 57.66¢ • c9, ( o �� I 'VO r� ETENOR• ST / F� ,� u 1 } f i.. 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'`' "ter�Ie//r i. .-. 7 ii _ . • + ` `� 4 "• R1 tv _1 . 4 ,.._--:---1=1--- _-T F1 III.•f tit 1 ,�"..t�- i °p A-bbC KENOF\ I II!'L ■ � ,.11347 •X14_1 SILVER i 6 t-AI .2.4 er.1% i. ME"& ., kk 94et NO •t..,,• AeP39g3��8 k --� -7'11. 84: - �� : •CK. . �• LLAS _ 8444 0. . ''. •'ti Ilitt-4 Tkil ortl...- .4 )1. K,-,:`,;:k.. .43'43,. •y�ENTF w� �r� ,� —A �. g�,�. 4,4•*".......: I i51 A I� GAN ME111,,1 �"'S; _''.. �••' " �t , Jam- •$� 1 '�f: '10_,N iv 1 �� Pflf36 :_. : fir - /� -49,,, 3.� z � �. r!� •� • • 1 ABP- �1r.-- --- 4 Yak' `yz ��t- .•:ti4!.._ � 1/. ,v,���, a g.II _ BLACKMA wct.Or -� Ada�f�Y. ,•i,. � . LI:.� _ _. B��' 27 �. \7. ! \' r •M IDE :p;8[33 .0�•�� L f�-� atr IN ..Il PARK 4•J�4'` ' `i-(' )\ 14� .-KI .• .`4� l 1 41m u r III/ •Alin - PG V1753.2,:3 P. �� '`�. A.P1e?AHAV N .` .4�� �.0 Now V N 0� ■ 1111' v S. \ •• 16.0•:6-___, f. .anill ri� - 7�1,y;�'�'- M; 1! i ';i gl BP-29.1 ��/� -!- CCF}." i • -•A 44101:111 -7,j -� `� III. .col 9200 � ? 0 kerb ,a7ritir- _:,...„ • • 0. 1 .• Eau-.: r-% . /. . \ �`1' 'f"7 i%'��'�� ■den 1 A I M1 3Fi• i rri =rill -E 4 896.1.•'"11 - . ! 1111 . .. . . � t.�: = .• v A=�_�, �—'. = - 1 • PROJECT SITE FIGURE No. - 17 - STORM SEWER LAYOUT LEGEND • MAP, t ARIAS , STORM SEWERS a WPM SEWERS brww4 ♦.................. MORN LIFT STATION(M IYi/) • STORM Liz STATION(Nit ssNO a CITY OF maw NISI NAW •M...•.♦•.•r WWII DIVISION mow= mown POND NORMAL MATER LEVEL. 900.0 EAGANPOND IfDN LEVEL • ,00.0 — als • J • ,T.- I P 2. / 1Z 'x/716"I• `• 1 n 7 1 /r''': a sl.o�i�,• 81 IMO 78 TREA,M N �- /•: •,: I 61.0 ;� 79.6/ PL N ,d... _. id 44: / x► • / ., �� 41; 85.0 51 ftsN .. , , �'.I. \ 195 �� 91 85.6/ - — / C' . .IQ* 1411D 70.4/1 �.o' e �+.,, . 7z.o 1 . ea.o 0 eo.aveso ._.� ��/ / INt�iue „At �A \ Z2 0 92 12" 1 y/ li-- a�.4%•� .,./ ea,•% 4 'ei Q •0.. •$7/97o ,.. il—I i.-� 9• tom,`- • 93 70.4/800 j 265 IBu j , / 699015.0/ 'i ■I* d ( J74.e/65.o. T• ENOF YY..11JJ�� ■ ■ —_ 8L n� 6 1 \ A1Ctl�I? yr / 3 -.4/74.0 r• 'O 2ND t 950 014:11V •:AiteigP ��71.� 71.0 .�' LVE' --_ � 4 �•4 1 CA4r :�- 1 ' q a5:i 12 ST N e i'A131f�7.∎ R tT1 +4s;�. 636.g.'' '' . VaD ' 4141!.. %1►Ir rc sa. . '�HP sril BLACKHAWK � + _ • ,1, ���� cY `�rJir •''r+ /ati • �1 � ��■ - PARK • J ;„ �liiv ,, ♦, i�. o in fir 4 Ar _k • :■,:r/pi 1 ",tr- v ,fi``� `, / wO PARK VEN�Vri. ` ■! wills- s.' ■no whAvor • 1 A. Akaaimmia. M .' - I� 4�-I ink ,1!76'1 I.I.4ed. -• \—] iu . 4' ' IP On* -1044billb ii" 1/4 s siol alsliat r.4 r� OW PRE E~ � T■.I li. I+� I , c. I:. .\'I►ai■uMr `�' 9%65 0 / - -• PROJECT SITE FIG. NO. 8 . . , WATER DISTRIBUTION SYSTEM .. .... CITY OF . EAGAGI_____ -3) • r -. 'Tlrf J _ . i t i- -------- - - -i/ �. -' K0. 1 6 �� 11 w 4etropolitan P rite,- 3o J T. N ;antral Korn si ` . , / Seneca Pipit- .1-7,,, ( .4 W 7A . / l'`) 6'''' C-D , 1 Y , .Q942/ I L I �—.:� INOUs A '�4/ 36 jrr ii 4Ni1 )to / • \',24 ';" ./ 1401/ ,f,. �� `TA �c:NoF �,etj?. - �w r / 12 , \ 1.,• .. c°c �` AN. '‘TA TOM "' • p -- ,, . ,fir - ��Tti.�. N. �I� U LLAS `.�� _ - i r—=* ���:� �,����N ILL 1 ST ADD \ VVV��"���' ) r"r :G /�� 'nit 7 1• ACM. / L I NOV ¶1 EJ `I • ' - c rJ r'1,.' • -h .� AR n �� !.� ��. '' ;- ►, -,'gLACKHA�ArK c A , T- fie.4, � �t pili e: T. t.Asa = PARK k•� �/ �� vii J,• !, 11�/ 1 lip. =_. , W PARK ii , .:Iran Tea trisliArlitto VI- 11 \ilirms -I I '/N 07.—.1.1, vt. pp pi , ro_db, ‘ , il. mra iii, i , , Y."...1 ' i'/)dip 910 •. 01 til. . IMI :' le A d) . i ils --- ..a a0 o►• {�{ _ ;; -- 1f 7�\_ R _ �` 0��.� �11,. . �r 7 AKA �!._�l ..�.�r-aiZ"). 10KS _ rrnn rrrrr-rr,9r-J I t L ' �; -+Cl-- -_ _ PROJECT SITE • 1 FIG. NQ. 7 1 SANITARYSEWERTRUNK LAYOUT CITY OF . EAGMIa - . q, _ I It II IIII 1 L II 1 , ...............a...rittl..i:...ii.,:.t........:;4.....,...ts..":::. :..a....;.,,,:::::::: :;:::::.,...„,,:. . . I 1 - t...:::-....!Lr:'''''.4:4a..........WAO.;244 \ '''' .'iv• ' .'''' ' ' ' / ...2.41.0 frii .k... -...A:• ..:::::*„,, ) \ 1 .......÷33......ti 14 0..• ..L&1/7 .11.1...,..: ..1...11..g.1:::::: ' I ,: � :•: \ „ `:::::• "F.ifiriiiii;;;-1 NI ' ;Eljniii.,:..:;▪ .: I . . illil '• .• 7,:--- \ 1-iiii.$::::::::._......".„...:. , .i. ,:::"i - „----„--- :9 1 1§11: :.1.:.: ::::;1:•:0::** , :ILL ! 1 IT :::::.$0...."*.v, 1 -fr ..:;.1/..;: , Nr. . 1 13 ** .„.....,,f-r- ....:::::s -.::::1, • %, 1 0 .e i ....:44:t - ..0.: "---... r- i ki. ''''.::::::: ::i. ....t:z:.:,:::::.iiii.:$:$::::.V ;TN \ li •‘' .i.::::pro..' i - S cs ... { W • 'I ►� 1415 • 44.4k 0 —1401/N,.. Nj t i,, jf II t 1 a y�+�C4 ' ti 1 N *••� 1 k@ s N- 1 �,I 111 .1 1 / ,,�,1111111 III u III i■III 11111 1 • Agenda Information Memo May 2, 190-5 Eagan City Council Meeting F. ORDINANeEAMENBWNtithiraliiiitigiltatAA;SVANDARDS.:11447,1 MIGHT WTRITSWttrigtigag ACTION TO BE CONSIDERED: To approve or deny an amendment to q11,4p,ter 11-entitlect lP W§e.Regulation . "Zoning" by amending Section 11.10 regarding,reguXatiOlts on industrial building exterior surfaces and by adopting,by reference, Eagan City CodethaPfer 1 and.Section 11.99, FACTS: City Council_directed the.City Attotney to revise the text to clarify the Council's intent of the new industrial building exterior materials ordinance. • The revised ordix,wic#4,irit,4041:0:01a*thttatiViag0; as.w.Olfas itplaei,SOinie additional provisions iri,response-to:cOmments of Peu$; ePtP9retoili as well as Mr -Mike Grosser. It includes Opus'sugge§ted,langluage. itegapdigg.ititmilly:0;404-itecot*iye,concrete, the ottiihance specifies that it must-be sealed.' This''is;'themateiiaiuseil in the-Mann Theatre. • The revised ordinance also clarifies the City's intent when a non=confortning building is expanded. • The Adyis01-11.4**0000s:Sion:0010,,a pUbliOratiN,climhis,ainendment on April 25, .1005 spl-tepottirhehcisAk:417.00,iit..TiffiX-Pf sugg44411a,grfg-MMO.10.00§0 .;if a building • is expanded more than 50% or 10,000sq ft, the entire buildinnust conform to the surface material requirements '4-0404)46014siltin::.6694-Mittio:00—riifetiot6(141ili in4tetiiis,matching therim,,couggniiirg materials efthe'Orvirial'structure. ISSUES: • ggfAatilrigeOriltaptOts-ih,a4 StitirgindairettertecAre.stiliPliattheirlpplib_attotyfor 1-bpilding permit f4tk 411040fisoogincootooqe,okomop41rot#411-istneNotlooloo because ifiqkii:witigii)1*:h0o-br-jettA00iRtlts,ibdthithe',:wip*0,041.0ti.00004)0000Pg This new ordifianCeF"-TiliVexisttlipaint 101i§0;--"-_-$0.6;;sk ft ih si2 ,it is a painteti„,etinerete block building The proposed 6-0.04**04049'ti041.)#$A0.000401Cticrit 8.;800 sq. ft. in site. The of the ideattot of the paint booth on fhesft-eIS'attached. BACICato ,-6,/ATTAV,s.:L,,',1,1.1TS:._(8) Ordinao.c9,:p0g61:4....) - Minutes of itiomwobr-iPTIV,gcottitission, pago0-.- _@ through--- - Staf •report,,pages 34roghgepp Letter from 00)10i-04.gA , - • Letter from f4541-14.,Gres,se (i;:01*- Letter fronrE01 ContractorswiNleglizazoi • - 4 •0 1.,,;tilltrittistrytatt bag” • -, . - ------- aisstok ie4 abliettA siOyiket4 ant4:1_ rINI 4 14.44 1141.5411.4136MAZt.:111L-MasTraktiLlatl'.1113147.adllita.MMIS$12. th1le10, AIRIANKA 1,43.W.WricAtr,..) i1 01' xcf weina' aviilitizso3( trAlutft, I; itsti WS) t).1. 1544 ytot). ovincige oT bat ,30flitt tki-0100.4:; ar.) eit.ii4e345.; Tiblsge, re:Azov,: ribrewr-ii bn I tctitt2,7,! ir43.43 ,,:xtenzit7m 4,gaittpte :41`140! wo. uoini aFii,)0314,0 dt .f1.11:1k1 04;:v5,7 01 ,( oic, Oh) vel filmrro-1 yir4 • loi"i;g4 4 Illtitnti Wm, itictr4:4442 •67,-..Poe shvbrsi ii 1 4 *OttiriblO .1.4i#4411:'‘N`: 641' tl ftle'!'4 -"tlg eit; ea fl'Itirt0 grf 07i '..044.! 16 etVAY: O .tWfirtfleR1J1 di A111:4'000 ti(atilt:PA ii tAinvorti gij'r 3M sJl 1111,1!.tibsCrt etnsf-4 flj bi VITSISti1 3j j k4T t Wit atie:14,14 ccottAtitare) el tri aasMettlr.*-ttrAl MOW ifftr)i)i e,;i1tA buivol *kr q c ,b1611.140 itivittbnirrati 4016 ee aniriss-ci :?;td.ur? tsii,=boo., :.:.44.tinuto0 vart.101 vrt 7fi Alf Aningf,"! it 'Y A tier 24Veri4CP zä 41.ACAT:r-r-Vin Nol 14,61'"?'*WI,03 C13114:4,0* Main EAU/J-4 . 41 k OtX1,11i 10 e'e *.ktil glom tobristApeof .gisizster 4'fisr bti aci Forit ase4 reittempo .o.tosorritspen balm ism ttii■23: ,110 1ff i wtittinit10041tdif latt Tat:00 goi941, ',1t151 :,y5ritre.?:-a,us.; oamirsittr,3 vilittiue * tnimaiLio wort mot bqrr I in-I,*:0,vitt tifiect r.45k;dui! r,L./ft-it3'ica fora, eUtoilflo iscirrinn 16 ItO rt,o,:c,anti af* 114 to,* 1,tnigloo 2i It fa; tt,ft44 rnr atlitthei ter Am/sew ft tt bas splt5r,w) cl,t4s iuu NoiN-nozpts ik310CftYtri ttl.T tY:aiarti :V4 it fidt. :11) taCKH 43445'-',; •mfl 'T turt.:' air!' wit ,-.J.X710-1100 c".• 4110Iftt17.) aniwtific4k-bbil 't*gnus-Ie. st4Ztity.nrsrf::41.);,,,,,avec!: ,itafrf'natt ), Autr ie 401,1 tioq (1411 moll 'tuba egg ,-comstO .14 moll viia.1 „ eq.,LeNntvr,%isil 133 mat law --44r) Meg yttigbni Ru.1 04-27-95 12:58PM FROM CITY OF EAGAN TO MAINTENANCE P002/006 SiNT SY; 4-27-85 ;12:01PM ;SEVERSON 111.00X StIE1.-. 612 681 4612;# 2/ 4 • APC OJyMCI • ORDINANCE NO. ZKD SEEMS o • AN ORDNANCE OF THE arr OF EAGAN, MINNESOTA, AIVIENDING EAGAN CITY CODE CHAFFER ELEVEN ENTITLED"LAND USE REGULATIONS(ZONIl G)" 1W MINDING SECI1ON 11.10 REGARDING REGULATIONS ON INDUSTRIAL BUILDING EXTERIOR SURFACES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHANTER 1 AND SECTION 11.99. The City Council unite City ofEagan does ordain: Section 1.Eagan City Code Chapter 11 is het+eby amended by changing Section 11.10, Subd, 30,torcd as follows; Subd.30.Architectural Standards. All anterior,exposed side or surface of any i alashial building shell be constructed with no lees than seve -Eve paceat (75%) of a vertical finish made of not»mbustible, none-degmclablc,and maintenance flee a tsttoctiatt naderial, including but not limited to, face 'lack; nahi81 None; ipeeaally designed precast coke or synthetic sty (fit) radix provided the mama have been integrally boded wilt an applied decorative material or teadtac smooth acne ate block provided the block is scored at least twice;or decorative concrete block provided the color twereo 'i incorporated porated by means of salted pigment ntdiva througblhe mitt block. No eatarior►exposed side or seem atany industrial building shall be cansbucted of more then twenty-fin pert (25%) of any meal material, including but not limited to vinyl;sheet or corrugated alcuniwmi i non;or plain or painted commie block Any metal surfitoe or siding as peucutted heroin shall be coated or anodized with a non-reflective,gauge-flee filth t In the event any industrial building, which is as existing, non- conforming building under this provision on the effective date of this Ord,is eninedorexpar&d • R-04% . 512 432 3700 04-27-95 11:03AA4 P002 itt3 ;L33 04-27-95 12:58PM FROM CITY OF EAGAN TO MAINTENANCE P003/006 SENT BY: 4-27-85 ;12101PM ;SEVERSON WILCOX Siift-► 612 681 46124 3/ 4 CQP'f'I ONAL PYtO VONS:] LA.] the provisions governing non-amtbrming structures and uses in this Chapter than gown. • (B., 1umd the expensien is less than 10,000 squin abet and fifty percent A PC (5096)in size by total waste feel of the existing,non-conforming building the expansion sion s rict=nod not comply with the provisions off*subdivision, but any eidericr,exposed side or surface of the expansion structure shall be reco rn r • yc,on, .,�C.tt�d of idontiCall mate dal lard color to the e'dsting,non.�cenforming hi44.41X/IDA g'a'" "b• In the event the amnion as enlargement is at least 10,000 square het or fifty percent(50%)in size by total square feet of the existing,non-conforming stnaaaue,whichever is greater, the provisions governing non-ecnfotrning structures or uses in8lis t;hepter shag govern. For purpose of this Subdivision,the total square feet dike existing n n- eonfaroring boitdiog shall be In as the total size of the existing ludldhig on June 1,1995, The total square, or percentage draw and all expansions to the existing nonooaibnming building on June 1, 1995,shall be aggregated for purposes of calculating the size ape:manage of the total=pension to the original building existing on June 1, 1995. [OR] [C.]the expansion structure to the enlisting,ntm-conforming stiuctore must comply with the provisions of this inbdivision,notwithstanding the existing structure may remain non-conforming. Section 2. Eagan City Code Chapter 1 entitled 'General Provisions and Definitions Applicable to the Paine City Code Tncluding Penally for MolatMif" and Section 11.99, entitled "Violation a fvfisdcmcance are hereby adopted in shear entirety by reference as though r+epeebed verbatim. • AP'B4x 812 t32 3780 04-.27-035 11:03AM P003 #t13 04-27-95 12:58PM FROM CITY OF EAGAN TO MAINTENANCE P004/006 SNf by a 4-27-85 ;12;01PM ;SEVERSON A I LCOX SHE1.-+ 612 681 4612;P 4/ 4 Section S.Effective Date. nil ordinance shall take enact upon its adoption end publication accord*blaw. ATTEST: CITY OF EAGAN City Council By:E.J.VanOvetbeke By:Thomas A.EgMn • Inc Clerk Itg:Mayor • • Date Chilinatice Adopted Date°titmice Published the Legal Newspaper: _- - Date of Advisory Planning°Emission Neviog; R.,84X 812 432 3780 04-27-85 11 :03A)4 P004 #13 SENT BY: 4-27-95 ; 1:51PM ;SEVERSON WILCOX SHEL-' 612 681 4360;#19/21 Page 18 Apri1 25, 1995 ADVISORY PLANNING COMMISSION ORDINANCE AMENDMENT-INDUSTRIAL BUILDING EXTERIOR MATERIALS Chairperson Miller opened the next public haring of the evening regarding an Ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations "Zoning"by amending Section 11,10, Subd. 30, Aubiteeteral Standards in a I-1 (Light Industrial) Zoning district. City Attorney Michael Dougherty introduced this item. Mr, Dougherty explained that the proposed ordinance amendment is a clarification to the newly adopted Industrial Architectural Standard Ordinance. The clarification is to clearly set forth the Council's intent Mr. Dougherty further advised that the proposed ordinance sets forth three optional provisions to apply to situations in which an existing nonconforming building is expanded and whether the ordinance shall apply to the expansion structure. Michael Gressor, the owner of a masonry company, stated that he objects to the ordinance and suggested that the Council appoint an architectural committee of business owners and people working in the trade.to study the issue. He further stated that be is a manufacturer of colored masonry block and that the color in his product is not lasting and requires painting with its age. Larry Grell inquired as to the applicability of the statute to existing buildings that are expanded. Member Segal explained that the proposed amendment has three alternatives and asked for staffs recommendation. Community Development Director Reichert explained that the three proposals represent the extreme and the compromise in addressing the issue of expansion of nonconforming structures. Member Segal stated that he would recommend Option B to which Member Wallace concurred. Member Miller stated that he foresees a problem with the percentage basis, showing by example that a owner could expand his existing building by 10% at a time to avoid the 50%cutoff and thus never have to conform to the ordinance although be would eventually have a 5004+ expansion. Reichert suggested that a percentage and/or square footage requirement be incorporated into the ordinance, Member Hey] moved, Isberg second, a motion to recommend approval of the ordinance with Option B to be rewritten by the City Attorney to incorporate a percentage and/or square footage expansion restriction and the nonconforming building shall be defined as that building existing at the date of the ordinance. All approved in favor. Michael Gressor expressed concern that the ordinance supports the theory that there is too much government and too much regulation. He stated that the type of material used by building owners is none of the City's business and that they are interfering with the property owner's money. „9\ 4-C (4) MEMO _city of eagan TO: Chairman Miller and Advisory Planning Commission Members THROUGH: Peggy Reichert, Community Development Director FROM: --Mike Ridley, Project Planner W--4 DATE: April 20, 1995 SUBJECT: Ordinance Amendment - Industrial Building Exterior Materials INTRODUCTION In light of recent confusion in interpretation of the City's new industrial building exterior materials ordinance, the City Council directed the City Attorney to revise the text to clarify the Council's intent. Since the adoption of this ordinance, the public has posed questions to City staff regarding how the ordinance impacts their ability to expand buildings that currently do not meet the City requirements. As adopted, the Code requires any expansion of a non-conforming structure to comply with the exterior material ordinance. RESEARCH A number of cities with exterior material requirements were surveyed for information on their policy for expansion of non-conforming (in regard to exterior materials) buildings. The policies for expanding a non-conforming building ranged from zero tolerance (any • expansion requires entire building to be brought into conformance) to partial compliance (any expansion less than 50% of the existing building size requires only the expansion being constructed to meet code standards). Apple Valley - 50% or larger addition requires total building to be upgraded. Bloomington - Any expansion requires total structure compliance. Burnsville - 50% or larger addition requires total building compliance. Eden Prairie - Any expansion requires total structure compliance. '5-7 1 Mendota Hts - The City Council determines finish requirements for all non-conforming building expansion requests. Woodbury - Any expansion requires total structure compliance. Building additions of less than 50% in Apple Valley and Bumsville, are reviewed by City staff to determine the aesthetic merits of requiring the addition to meet exterior material requirements. ANALYSIS With the adoption of the exterior material ordinance, any building not meeting the ordinance requirements is considered non-conforming, as to structure. The City Code does not allow a non-conforming structure to be erected, converted, enlarged, reconstructed, altered, or changed in any manner unless it is brought into conformance. Therefore, the policy question is: How does the City wish to apply the exterior materials ordinance in relation to the expansion of non-conforming buildings? The City Attorney has drafted three optional provisions in this regard. a A. Any expansion requires total structure compliance. • B. Any expansion less than 50%can be constructed with materials matching the non- conforming portion of the structure. Expansion of at least 50% requires total structure compliance. C. Any addition must comply, existing structure can remain non-conforming ACTIONS TO BE CONSIDERED To recommend approval/denial of the revised Industrial Building Exterior Materials Ordinance, and To recommend approval of a preferred policy for dealing with the expansion of buildings that do not conform to the Industrial Building Exterior Materials Ordinance. bldpexpind SENT BY: 4-21-85 ;11:14AM ;SEVERSON WILCOX SMIFL-, 812 681 4380;# 2/ 3 ORDINANCE NO. 2ND SERIES DRAFT AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED D "LANDUSE REGULATIONS (ZONING)" BY AMENDING SECTION 11.10 REGARDING REGULATIONS ON INDUSTRIAL BUILDING EXTERIOR SURFACES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. • The City Council of the City of Eagan does ordain: Section 1.Eagan City Code Chapter 11 is hereby amended by changing Section 1 1.10,Subd 30,to read as follows: Subd. 30.Architectural Standards. All exterior, exposed side or surface of any industrial building shall be w constructed with no less than seventy-five percent (75%) of a vertical finish made of non-combustible, non-degradable, and maintenance free construction material, including but not limited to, face brick, natural stone; specially • designed pre-cast concrete units provided the surfaces have been integrally treated with an applied decorative material or texture; smooth concrete block provided the block is scored at least twice; or decorative concrete block provided the color thereof is incorporated by means of pigment impregnation through the entire block. No exterior, exposed side or surface of any industrial building shall be constructed of more than twenty-five percent (25%) of any metal material, including but not limited to vinyl; sheet or corrugated aluminum;iron; or plain or painted concrete block, Any metal surface or siding as permitted hercan shall be coated or anodized with a non'ref ective,glaro-f ee finish. In the event any industrial building, which is an existing, non- eonfbnning building under this provision,is enlarge or expended [OPTIONAL PROVISIONS:] [A.]the provisions governing non-conforming structures and uses in this Chapter shall goyim. SEM' BY: 4-21-95 ;11:15AM ;SEVERSON W I LCOX S11EL-► 612 681 4360;# 3/ 3 [OR] [B.]and the expansion is less than.My percent(5056)in size by total square feet of the existing,non-conforming building,the expansion structure need not comply with the provisions alibis subdivision,but any exterior,exposed aide or surface of the expansion structure shall be constructed of identical material and color to the existing,non-conforming building. In the event the expansion or enlargement is at least fifty percent(50%)in size of the existing,non-conforming structure,the provisions governing non- conforming structures or uses in this Chapter shall govern. [OR] [C.]the expansion structure to the existing,non-conforming structure must comply with the provisions of this subdivision,notwithstanding the existing sirnture may remain not-conforming. Section 2. Eagan City Code Chapter t entitled "General Provisions and Definitions Applicable to the Entire City Code including 'Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATFEST; CITY OF EAGAN City Council By:B.J VanOverbeke Br Thomas A.Egan Its Clerk Its:Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper Date of Advisory Planning Casionn Hearing: • FROM IOPUS TO t S12 6B1 4360 1995.04-26 02106PM #392 P.02/03 Upus CorpoM10)1 OPUS. 0 optil Unlit( 9900 On tlnarl fit Mallon Adripm P.Q.sox 100 Mionmoriyr,Mho wao 0343 0000 Mr,ie p II&Mintwwte 55440.0150 (,12.936.4444 Fix 012.936.4629 April 25, 1995 Ms,Peggy Reichert City of Eagan 3501 Coachman Point Sagan,MN 55122 Dear Peggy; 1 am writing in response to the proposed ordinance amending Eagan City Code Chapter I regarding industrial building exterior surfaces. I have reviewed the proposed language regarding architectural standards and generally support the proposed changes since they are consistent with our experience in numerous twin city suburban areas. I would suggest some minor modifications and clarifications to include concrete panels as well as synthetic stucco(also known as dryvit). The specific language would read as follows: "...specially designed concrete,precast concrete or synthetic stucco units provided the surfaces have been treated with a decorative material or texture..." Please feel free to contact me with any questions. Sincerely OPUS CORPORATION /, Air Michele Foster Senior Director Real Estate Development MP/bb • 01nix(:txpnratiunit Ali alhli alxofthrt)Ixr 0rrait oItxurgMnio%—Arratilala,CanUartrxs,l)twlppcs Chrc'go Cdumbuc,Doll,',[)cow,MAwaukcca Minnonpoi$,Gda'o ,Pereacola,Phoenix,Scottie.Tempe a-12 RECEIIVED Ei APR 2 7 1995 BUILDING CONTRACTORS • ISISSEISOMMENKISBNEWMFREMSOMM April 27 , 1995 City of Eagan 3830 Pilot Knob Rd . Eagan , MN 55121 Attn : Mike Ridley Re : Lull Industries Paint Shop Addition Eagan , MN Dear Mike , Thank you for speaking with me regarding the paint shop addition at the Lull Facility located in Eagan , MN . The following is an outline of past events in the process with the city of getting a permit for this addition . Nov . 1994—.... .Jan . 1995 : E C I and Lull met regarding the proposed addition . E C I worked up a budget and • • it was decided to proceed with drawings for permit • application . D.e.c...........22 , 1995 : E C I , Finn Daniels and City (Joe/ Dale S . /Dale W . ) met to discuss project and city/code requirements . J..an... _......18x._....._:..995 : E C I contacted city to determine what was required for application for permit i . e . copies , etc . Feb . 19.9.5...._(F rst..._..part ) : Submitted p l a n s to c i t y f o r permit . Received comments back from city . Revised drawings . March 2 , 19.95 : Submitted revised drawings to city for building permit . March 83.........1995 : Received comments on plans from city . March 9 , 1995 : E C I /Owner (Jim) /City ( Joe , Dale S . , John W . ) met to go over plans for addition and future work on site , 1771 Yankee Doodle Road,Eagan,Minnesota 55121 Phone(612)452.0555•Fax(612)452.0057 Equal Opportunity Employer M a rch.. .14.1 1995 : Submitted revised drawings to city for permit . City reviewed - looked good - E C I should be able to get permit by end of week . March 16,. „.1„99.5 : After final review owner requested changes to be made to plan in order to make best use of space and money . April 7x1995 : E C I submitted revised drawings to the city for permit . April 11 ,, „.1995 : City informed E C I plans looked good except due to new ordinance building materials no longer comply and therefore permit could not be released . Mike , as you can see by this recap , we have been communicating with the city since December of 1994 regarding this addition of Lull . We also had permit applications in since early February of 1995 over a month prior to adoption of this ordinance . For these reasons , I request that the city allow Lull to build the paint shop addition with materials as proposed in these applications . The addition to the paint shop will therefore match the existing facility . Sincerely , E C I BUILDI: �GONTRACT.ORS ar 41F . Grel 1 Presi • ent LDG/1 r • a 3 • r it • i .k41 qty (s°. ..........'. 1 •� K9 qr.' = -- il; A If ' \X, I .1 II, a . �..N'� - 2 2 . pal 1 111111111 1: , :,.�.r.% I/ ti A • ' • Ill Liu M I 9711 I i 4 u � I AA 4 ♦ N ' S I '1_ 1 I r # o o" o 1 tta• . I , s 0: :1 ir Mgr ii —"" z_ N If Allii, -- , I - uw - I a • 11• . 8a x Ti � V In . ›..! U 1 ''%."----It -./1 L • ... , , , a.1' (1) . 04/21/95 18:52 12812 432 2202 ESL & ARLBERG U1002/004 C IAi , p4* h Cx R ., S - E R CONCRETE • MASONRY 1771 Yankee Doodle Road • Eagan, MN 55121 • 612-454-5976 • FAX 612-452-0057 April 21, 1995 • Mr. Tom Egan, Mayor City of Eagan 3830 Pilot. Knob Road. Eagan, MN 55122 -- Re: Ordinance regarding Building Material D ar Sir: Per our telephone conversation regarding pre-colored concrete block, please be aware as follows: First of all, color additives in any cementious material are temporary and will fade in a short period of time. Our own office building here on Yankee Doodle Road is an excellent example. This building was rebuilt in 1984. Black mortar joints were used in the installation of the face brick. In five years the joints on the exterior turned gray. The interior mortar joints remained black, which tells the story about color additives in cementious materials. Now thenf as to cost, I am citing a typical 20,000 square foot office/warehouse building with walls 20 feet high to bearing. Colored masonry units will cost $23,000.00 more than plain concrete 'units. As of today, the lead time to rder colored masonry units is four to six weeks which creates a delay in the progress of constructing buildings. Also, colored masonry units are considered special units which adds a $625.00 mold charge for less then 2 500 special units at doors, windows, etc. All of this adds _ c st, complicates the planning of the project as well as - delayps the project. None of this adds to the efficiency f the building for the owners, but worst of all, the building will look like a Holstein cow after a few short y ars, which means the building owner has to repaint the c lored units if he wants his building_to look neat and . clean. I own a building in Vadnais Heights which is seven y are old, has colored unite and is in the process of repainting as soon as weather allows. An tquel Encloyrr . 12■97% 612 432 2202 04-21-95 03:50PM P002 #14 I 0021/95 16:65 $'612 432 2202 ESL tc ABLBERG _ 411003/004 Mr. Tom Egan, Mayor April 21, 1995 page 2 Now then Mayor Egan, as I stated to ou on the telephone, decisions as important as this should not be made by you and the Council because the normal process you folks f llow is simply not adequate because public hearings alone cannot ossibly provide knowledgeable input. The technical facts as I am stating to you in this letter would likely not come up at a normal public hearing. Th re isn't anyone at Eagan City Hall who can possibly have experience, knowledge and/or expertise in what works and what doesn't work in the construction of a building. The Directors of Public Works as well as Economics Dev to went do not have knowledge or background experience to tell you and the Council Members what is right or wrong in these matters which cause added cost, delay and worst f all will cause owners not to build here in Eagan. I have told Mr. Tom Hedges, as well as you, of numerous cases where owners or owner's representatives decided not to locate in Eagan because of the dreadful reception they received while visiting City Hall to inquire about possibly locating their project in Eagan. They simply located elsewhere. , During our telephone conversation I asked you, as I've suggested numerous times to Mr. Hedges, that concerning, matters such as this, you should ask various taxpayers in th City of Eagan who make their living at whatever it is to be considered, for their input. The price is certainly right, but most of all, you'd get straight answers from p ogle who know what makes sense and what does not make s nse. Had I received a call regarding colored masonry units, I would have been at City Hall in no time to nlighten you of the facts as they exist. (r)\-i (.4° 12■9616 612 432 2202 04-21-95 03:50PM P003 #14 04/21/96 18:63 1,612 432 2202 ESL & ABLBERG X004/004 W. Ton Egan Mayor April 21, 195 page 3 In view of the terrible mistake that was :wade regarding the passage of this ordinance, I request that this rdinance be set aside and that we start over and do it right, which after all, is the Eagan, way. I'll be delighted to help, should you appoint a committee of knowledgeable people, who know what they are doing in . regard to building construction. 1 look forward to hearing from you. Sincerely, GRESSER CONC TE/MASONRY fi ". . Grasser MCG:vcl cc: Council Members Tom Hedges • • (d\(4(-1 • 1194% 612 432 2202 04-21-95 03:50PM P004 #14 04-28-95 10:06AM FROM CITY OF EAGAN TO MAINTENANCE P002/006 L U L� LULL INDUSTRIES, INC. April 25, 1995 t • Mr.'Thomas Hedges City Administrator CITY of EAGAN • 3830 Pilot Knob Road Eagan,MN 55122-1897 Dear Tom : Thank you for returning my phone call this morning. I appreciate your time in addressing our issues as it relates to our upcoming paint shop addition. On the two points that were discussed,first off,the color block issue(or the standardized building decor provision) that is being suggested by the city for adoption. I personally feel it would be inappropriate for LULL INDUSTRIES, INC. to adopt such a provision in its upcoming addition, one, because that expense has not been budgeted, and secondly,upon completion of this building, with the standardized decor, it would look like a Cueenscy cow out in the middle of a field. As you are well aware,we just spent $60,000.00 fini'hing off the front of the building to give it and the grounds a new face lift. Obviously, we don't want to spend any more money that will ofd set the color scheme that we have originally planned for this facility. On the other item, as it relates to the city's request for LULL INDUSTRIES, INC. to provide $13,000.00 for a cap fee, related to the previous ownership not paying assessment for the Meadow View Road addition. Quite frankly, I must request that the city take a good hard look at such a request. First of all,we agreed that with any addition,we would provide fire safety to this • facility by incurring the cost of hooking up a fire hydrant line from Meadow View Road. It was agreed by us and the city last year as part of our site improvement plan. I find it to be an extreme cost for LULL INDUSTRIES, INC.to bear,in view of the million and a half that we already have put into the facility for improvements. Secondly, we bought the assets of Lull Corp.,we did not purchase the liabilities,and if we are going to honor past liabilities that the previous ownership did not fulfill in payment to the city, I might as well open up the flood gates to everyone who had a financial loss with that corporation. I find it extremely inappropriate for the city to present such a request to us in this vane. ROUGH TERRAIN'TELESCOPING BOOM FORKLIFTS•ENGINEERED FOR EXCELLENCE 3045 HIGHWAY 13•ST.PAUL MINNESOTA 55121-1699•(612)45+4300•FAX(612)454-9225 04-28-95 10:O6AM FROM CITY OF EAGAN TO MAINTENANCE P003/006 Page 2 April 24, 1995 I iettei to Mr. Thomas Hedges Our pereNactin is that Wn city should honor its agreement wirh T d IT.T.INN!STIR iP$, NC. and mane farming I elf IT.T T1tiTT1T i9'T'l1 T�,q,TNI". wuuld pay lbr the coot of putting in the firs hydrant and the site plan impmvrmrntc I resylert iriiy nrrprwct the city to wave thin propowed fee. We want In he a significant financial nnntrihiitnr to the rnmmrnity hjr prnuiriing a safe and fmsnrivlly recurs burinsoo entity to our omployeao, ouotomara, suppliers, skai'alsalrlera, aa4 ika l)oropziatc gotrerning 3genoier, T think thin mould hr limit nervrrf by allowing tit to rlirr_r_t and maximize fhian0ial costs incurred to assets which pfovidt jib iacrsliun and muukcl shale gains in relation to the products we produce here in Eagan. If you have any further questions on my position of the above subject matters,I would appreciate it if you'd give me a call. Tom,thanks again for your efforts to resnhre these matters Sincerely, James R Wisnoski V.P. of Operations JRW/ts 03-\ Ageridaljrirporitttquimemo May 20-199.5;Eagan-City Cotincils-Meetin't G. ORDINANCEANYENMIEMtRE.G-AtROIN.O. 113,;71,. ON.ORSETBACKS ACTION TO BE CONSIDERED: To approve-or deny atratnenditentto.Chapter 11 of the ZOtiltig.,040d, SOOtiOn'11.03, 10)regarding Defihition of Setbaok'andbY adoptingby r6ference,Eagan CitYCode, Chapter 1, and Seotion 11.99. FACTS: The City esiuncitinitiatOci an anrondrnent tothe 04,111000 to itigire provision of the 20' landsoapled,..afe6;1,61*.40#:Street,rightgiof-way, or roadway-relate4 uses, and parking lots in all dour comnierelal diatricts. The AdvisOry Planning,Commission,cooduoted a public-hearing on this at its Ineetin-g.of April 25, 1995 and recomtnenda approval. II BACKGROUND/ATTACIIMENTS: (1) APC ninutes, Staff report, Pageshrough, -7-1 !I .■ ik • • ., • ccustil noituzuloiluf at1ts$0 folsiovi3 ol v;14 WaraVOIASTIralitadiSthhig .ifittlintrilligal • AINX341,?,:ilgrj ItO113.44. grsibuttion(IMMIX hoirmit*KO gmistoa"Air It, 1-aur,0C.1 t4 urentsgviza rt Via trezemiss 14,11 acsi1lait00.1 *** it)440) • t i 12ict d USK 00414103 Arr.)ik.k 1% lel XMAnitlict id/ ,-tatiumais bousisilli su striXto44 am Anti 441/10671'14gailat)1 1:3 ,t(SW :mot naproterd class lamosoutosil tosi.-ewar.160 wolo ast itut.k *jam ati 1.4. Aria:rin vih.s ;itdon t-pv, i.fxstr) yoeiNtA fayfyivii therwismvei tan VI ttt f :Kr 3.140. 4t TTiAilloil)0.13;11113 inat.ontita -W7S;avtatfi,..4:21St~q ,• ra SENT BY: 4-27-95 ; 1:51PM ;SEVERSON W I LCOX SFIEL-+ 612 881 4360420/21 #20/21 Page 19 April 25, 1995 ADVISORY PLANNING COMMISSION ORDNANCE AMENDMENT- SETBACK DEFINITION Chairperson Miller opened the next public hearing of the evening regarding an ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations "Zoning" by amending Section 11.30, Subd. 78,regarding Definition of Setbacks. Community Development Director Reichert introduced this item. Ms. Reichert highlighted the information presented in the City staffs memorandum to the Advisory Planning Commission dated April 20, 1995. Ms. Reichert noted the background and basis for the proposed setback ordinance. Member Isberg moved, Heyl seconded, a motion to recommend approval of an Ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations "Zoning" by amending Section 11.30, Subd. 78, regarding Definition of Setbacks. All approved in favor. MEMO _city of eagan TO: Chairman Miller and Advisory Planning Commission Members THROUGH: Peggy Reichert, Community Development Director FROM: Mike Ridley, Project Planner/142 . DATE: April 20, 1995 SUBJECT: Ordinance Amendment - Setback Definition INTRODUCTION The City Code requires a 20' landscaped area between street right-of-way and parking lot in all of our Commercial districts. While this works In most cases, we continue to have the situation in which the applicant negotiates an easement instead of a right-of-way dedication with Dakota County and thereby skirts the requirement for this landscaped setback area. BACKGROUND This setback area is intended to be landscaped and bermed green space that blocks headlights and screens the drive/parking area from public streets. The 20' area is critical because it is the minimum width in which to provide a maintainable (max 3:1 slope) 3 foot tall berm with a level top. PROPOSAL To maintain the minimum 20' setback, we need to redefine the definition of setback so that It is measured from the point of any roadway related use. The City Council has generally discussed this issue and directed staff to initiate an ordinance amendment in this regard. The attached ordinance amendment will provide the 20' minimum setback along public right-of-way regardless of the method of dedication. ACTION TO BE CONSIDERED To recommend approval/denial of an Ordinance Amendment defining setback. utb.ac.ad • SW BY: • 4-18-95 ; 9:50AN ; ' SO4 SEER WILCOX SHEL-• 612 681 4360;# 2/ 3 • r r'�1 U ORDINANCE NO. 2ND SERIES sf AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATION (ZONING)" BY AMENDING SECTION 11.03(78)REGARDING DEFINITION OF SETBACK;AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION. The City Council of the City of Eagan does ordain: Section L Eagan City Code Chapter r His hereby amended by cd tinging Section 11.03(78),to read as follows: 78."Setback" rite . L. For purposes of measuring Are setback between a building structure. or use and a Igt line that is contiguous to or a cotpnvo_l�oundmy for an adjacent lot the_setbackis the horizontal djltance from the lot line to the nearest mint of the hulding_strucarre or use located or_ttbe located on the lot b. For pernoses of measuring the _setback Ieween a bw'1dinQ. _structure or use. includin j,A parking uel. and a street right of-y jy_ as de: yd in tester t Id to include any easemitnt. canveyame or other grant to Dakota County or State of Minnesota the sctkcs the horizonance fro}the edge of said stmet rinht•of way whirb abuts the 1pt 4Q the nearest pot%of the build., • structure or use.including on),parkin!are&located or to be located pn the lot. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"" and Section 11.99, "Violation a Misdemeanor" are herby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date,This or+rlinanoc shall take effect upon its adoption and publication *evading to law. a` l SEM' BY. . 4-18-85 ; 9:51AN ;SEV RSON WILOOX StEL-+ 612 681 4384:# 3/ 3 • - . .. ATTEST: 13211511 CITY OF EAGAN Cry Council By.B.S.VanOvc=behe By:Thomas A.Egan Its: Clerk Its:Mayor • Datc Ordinance Adopted: Date Ordinance P'ubl stied iu Qw Lv vl Nowcpapa. _ • Date of Advisory Planning Commission Homing • Ageti.4 May tagan'titY'Cbtinclt.Wettitz IL REOUESt.BY LULIANAUSTRIES:LTO2WAIMAIY_CONNEetiONL.CHARGES ACTION TO BE CONSIDE*ED: To approve or deny a request by Lull Industries to waive a $11,064:42 connection charge for water service. FACTS: Lull,Industries is requesting a Waiter because yieW,tl AnOtiOn obargq_:a( a financial oblita.0.10,the eijillWe_0:00:Niviirii they pfchased the assetfotl miufâtring buSitiess. From the Citys gosfeCtiVe; fittaribial?-0118041S run with he property and nOt.with the business. The connection Charge was revised down frOtt $46,665. ISSUES: The issue before the Connell is Whether to'waive,the let as an obligation e a company no longer functioning at that location or to proceed with the fee in,accordance with the policy. ATTACIIMENTS: Lull Industries request on.lneS-1,.. ? through • "Y- • Staff rep.ort on pages ovt 7 .through I I I i! "r ■ WgEn:-...rt t,x% 2 Dart gainkitrocitild IA:4*A kw,411 litriwoD *I mpg tii)*1 ,r 1101111.241211212 ratar-M-,' :0323010f03 ner worr3A la spa& adjittieftert t4,),Kr.IZ a smisw tet ati-reetitai flvJ t% eattips1 s tozda i ourve ter -totem? ter:414a tirraM iseasiait s * mg* ntitrAsive) offs; VitelV te,i viw fitutturiatt ;F*1114'0'614 iLuJ • otitialitt slait!cfegaisisms limes th efttas ade Lfttrb.. zoo weactsw,;.5441b-atoikotelo sittetigutt sift lit*soulosa vocr.isq tit 1:tivi mil len 443ciie !siwitirtol.,,svitastfrock:Cpr.)it*alma 141),WItt merl crarot be 1 410P .44'4.4a it0i.7114000 wit ra4tmes s waittail•Jo ni PA tit ?i-lb *Viet"' c14' -04q.eAiir 6 0.4.W:1 Tinied sone 4r -‘34144 .00414:4,14 itfh sitiw iq oi ITO imaol M9 s usitt4 terK3P41111UTTA. *I'Livout it taupel se!,;-eibuitesi Ltia.1 • LI eatlawi Leo •T; (14-tet Ara' • ( ‘') /C; • 4111310 LULL INDUSTRIES, INC April 25, 1995 /111/' 6 Mr. Thomas Hedges City Administrator CITY of EAGAN 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Tom : Thank you for returning my phone call this morning. I appreciate your time in addressing our issues as it relates to our upcoming paint shop addition. On the two points that were discussed, first off, the color block issue (or the standardized building decor provision) that is being suggested by the city for adoption. I personally feel it would be inappropriate for LULL INDUSTRIES, INC. to adopt such a provision in its upcoming addition, one, because that expense has not been budgeted, and secondly, upon completion of this building, with the standardized decor, it would look like a Guernsey cow out in the middle of a field. As you are well aware, we just spent $60,000.00 finishing off the front of the building to give it and the grounds a new face lift. Obviously, we don't want to spend any more money that will off-set the color scheme that we have originally planned for this facility. On the other item, as it relates to the city's request for LULL INDUSTRIES, INC. to provide $13,000.00 for a cap fee, related to the previous ownership not paying assessment for the Meadow View Road addition. Quite frankly, I must request that the city take a good hard look at such a request. First of all, we agreed that with any addition, we would provide fire safety to this facility by incurring the cost of hooking up a fire hydrant line from Meadow View Road. It was agreed by us and the city last year as part of our site improvement plan. I find it to be an extreme cost for LULL INDUSTRIES, INC. to bear, in view of the million and a half that we already have put into the facility for improvements. Secondly, we bought the assets of Lull Corp., we did not purchase the liabilities, and if we are going to honor past liabilities that the previous ownership did not fulfill in payment to the city, I might as well open up the flood gates to everyone who had a financial loss with that corporation. I find it extremely inappropriate for the city to present such a request to us in this vane. • ROUGH TERRAIN TELESCOPING BOOM FORKLIFTS •ENGINEERED FOR EXCELLENCE 3045 HIGHWAY 13•ST.PAUL,MINNESOTA 55121-1699•(612)454-4300•FAX(612)454-9225 IC21'7 (40 Page 2 April 24, 1995 Letter to Mr. Thomas Hedges Our perspective is that the city should honor its agreement with LULL INDUSTRIES, INC. and move forward. LULL INDUSTRIES, INC. would pay for the cost of putting in the fire hydrant and the site plan improvements. I respectfully request the city to wave this proposed fee. We want to be a significant financial contributor to the community by providing a safe and financially secure business entity to our employees, customers, suppliers, shareholders, and the appropriate governing agencies. I think this would be best served by allowing us to direct and maximize financial costs incurred to assets which provide job creation and market share gains in relation to the products we produce here in Eagan. If you have any further questions on my position of the above subject matters, I would appreciate it if you'd give me a call. Tom,thanks again for your efforts to resolve these matters. • Sincerely, James R Wisnoski V.P. of Operations JRW/ts ■ r7 Pli 1,1,1 lip, ii Jo Guu�J II MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: APRIL 26, 1995 . SUBJECT: CONNECTION CHARGES - LULL INDUSTRIES PAINT BOOTH At our request, I have reviewed the above referenced financial obligation. When preliminary or final construction plans are submitted to the City for issuance of a building permit on commercial/industrial properties, various departments review the plans. Financial Consultant Jerry Wobschall reviewed these plans on behalf of the Finance Department. His review is for the purpose of determining whether or not the appropriate infrastructure facilities have been paid for on the subject parcel. Previous assessments, infrastructure upgrades and property use are all factors utilized in this review. In the event that the property has not paid the appropriate infrastructure costs, they are proposed for collection as a connection fee prior to the issuance of the building permit. At the applicant's determination, the costs can be paid in full or assessed to the property upon completion of a waiver of hearing form allowing for certification. In the case of Lull Industries the plans were originally reviewed on February 21, 1995. At that time, a lateral benefit from water trunk was proposed in the amount of$46,665. This was based on 1,830 front feet at $25.50 per front foot. The plans were again reviewed on April 12, 1995, and a revised connection charge of$13,064.42 was determined based on 512.33 front feet at $25.50 per front foot. The balance of the front feet are under and on the east side of Highway 13, therefore, not an appropriate charge to the subject parcel, consequently, the revision was made. The $13,064.42 is the amount that is currently being objected to by the applicant. It is my understanding that Lull Industries will be making a new connection to the City's water system with the proposed building expansion. A new or additional connection is a key triggering mechanism for collection of these connection charges. The subject parcel previously paid water area charges and water trunk. Unfortunately, when the gentleman representing Lull Industries called Jerry Wobschall, Jerry did not have all the paperwork in front of him. Jerry mentioned a figure of 23 - 24 thousand dollars as the revised amount due. The actual amount is $13,064.42, which �---2 g t CONNECTION CHARGES/LULL IND APRIL 26, 1995 PAGE TWO was communicated to the gentleman by the end of the conversation and prior to his calling you. This fact is unfortunate but is obviously not the issue. The City has made a consistent and fair review of this development application and determined the appropriate connection charges due as a result of this construction. This review has been consistent with existing City policies. Please advise if you would like to review this situation or if you would like any additional information. Fina Director/City Clerk cc: Financial Consultant Wobschall Director of Public Works Colbert Director of Community Development Reichert EJV/jeh $50.00 Investigation Fee CITY OF EAGAN • Date *A"6.1-..11 $25.00 License Fee APPLICATION FOR SHOWS LICENSE [Shows: public show movie, caravan, R 4s y e/roe�A. circus,carnival,exhibition, theater] I, a n0/J V 4r_cn ,hereby make application for a lie � 4 OX SAO C/ti name 1 type of show license from the City of Eagan,which will take place on fu h e a .5 during the hours of dates T,Cc Cor�02a GrLOUnc‘ Z./at ChAss//3 furS/iiF� ° r!7/. hel/7' R — /i, at `4 ILL A 1/4,rse e 414, e //wq. /3 a"I . The purpose of the event hours � location 0 r/ ieo ( - /v/ is i'e c> a /-? Ca-'21//4-,N a,/ Fs 17 1/4-, - / L Cortez M, //.-e " e�r�Pr s e k e/ 7 a h wee? I*/7,1e 40 /)?/eru c , zu (//SUa'A/7 o(,{'et% )f-r-,/11 ,4z" I represent Y19.4) F 1 OcJ% % / /-at I/1>at name of organization -4,2—3 6 q (/G-Ay) 1s6 s • CI;�'( d sU, #3-Ater (s• address E/6/9 V, /)7 phone Names and addresses of corporation officers: ff X,'o eChr /0-2 970 -,¢fie(Il l,/*, name address /phone T,'ll /4icle/If dk 4(/� 4 e. 4iL6/i/ey name address one name address • phone • • name address phone • • oSe Aro P de r -Pe9 ? / Person in charge of event: A III)e r.s Ti dk . '// "Taw/ izt r°me first name middle*game r (9/2/ 4-- ./zZ 01,f2- address phone (ci 9) See-eva- V a 7 / o ("?',71--/,)- s D ( .7/ - � 1930 (. J// birthdate social security number MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a specific period and will be issued to qualified individuals or firms only. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalties, the license of any applicant may be revoked. c sssssss FOR CITY USE ONLY: -sue Po'cc Approval J Date City Clerk Approval Date 491 • STATE OF MINNESOTA FOR BOARD USE ONLY GAMBLING CONTROL BOARD AMT PAID • * .PREMISES PERMIT RENEWAL APPLICATION • CHECK NO. PPR' PRINTED:03/1395 . DATE • ENSE NUMBER: B-02145-002 EFFECTIVE DATE: 09/01/93 EXPIRATION DATE: 08/31/95 3 OF ORGANIZATIONS Hockey Eagan Asloc - GAMBLING PREMISES INFORMATION 1 OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED 1. -.kite Sirloin Room . • Nicole Rd • ,n 55122 • 1TY Dakota IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION YOUR ORGANIZATION OWN THIS SITE?: No '0, LIST THE LESSOR: : Casper Nicole Rd �n MN 55122 ' • :-OF PROPERTY..OWNER (WHEN NOT LESSOR) : tRE-FEET•PER MONTH: .' •" ' 44 .25:$5 • . • AMOUNT PAID FOR RENT PER MONTH: 1000 ,RE••FEET PER OCCASION: . U . • AMOUNT PAID PER OCCASION: 0 ••• ' • BINGO ACTIVITY .0 IS CONDUCTED -ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT • STORAGE ADDRESS Tiffany Pt • E Z ("1'l i,- S-FarC-qqe_ n MN 55123 • 1-1015 Siblc4 nl* e.h,orLaQ 4-1i9hw0.y ' EE0.A0.n 1'1,n 551 Z� I BANK INFORMATION American Bank Metro Rahncliff Ct n MN 551229952 LING BANK ACCOUNT NUMBER: 862979 HE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS ORIZED TO SIGN CHECKS AND MAKE •DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. h ne10-r�e , k w Z51.i it I � TI' 1 ' P t. • • • AA • . . A. O. 1/. Oki •_! hh tZ -r'cerwi • -- _. . - A. . _ _ a bl,ci,• Cooecl.iral,C L. Fon-kr-II U9 CAkrn_firna Enaktn , min. �SIZ3 Cff) (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) I FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT AMBLING PREMISES AUTHORIZATION HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT • I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; • ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; • ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; • I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; • I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; • I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; • ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; • I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIGNATURE OF CHIEF EXECUTIVE OFFICER DATE LOCAL GOVERNMENT ACKNOWLEDGMENT 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. • S. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME I TOWNSHIP NAME OLIGAn SI Tau OF,PERSON NG APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION + \ TITLE DATE RECEIVED TITLE DATE RECEIVED - n*,_ 'L . 4 .'.iAor : L . I REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113