The URL can be used to link to this page

12/05/1995 - City Council Regular • • .f2s1..16211.°11)' AGENDA ZAGAN CITY COUNCIL — REGULAR MEETING ZAGAN MUNICIPAL CENTER DECEMBER 5, 1995 6:30 P.M. I. ROLL CALL i PLEDGE OF ALLEGIANCE II. ADOPT AGENDA i APPROVAL OF MINUTES (BLUE) III. SWEARING IN OF NEW FIRE CHIEF IV. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) V. DEPARTMENT BEAD BUSINESS (BLUE) . A. Civic Arena Community Update VI. CONSENT AGENDA (PINK) . A. PERSONNEL TEMS B. PLUMBERS LICENSES f 4. C. APPROVE POLICY for additions/decks in existing townhomes D. CONTRACT 95-15, Receive Bids, Award Contract, Well #19 CONTRACT 96-03, Approve Plans, Authorize Advertisement for Bids, Well #19 I Pumping Facilities t fp F. FINDINGS OF FACT on Denial of Conditional Use Permit for Hoovestol, Inc. '� dG. AWARD OF CONTRACT for Schwanz Lake Water Quality Improvements ��' H. APPROVE Independent Auditors for 1995, 1996 and 1997 r 1995 BUDGET ADJUSTMENT, Holz Farm Roof Repair Vg. 7:00 - PUBLIC HEARINGS (SALMON) oZ A. PROPOSED BUDGET AND PROPERTY TAX LEVY for 1996 , p1(jB. VACATE Farm Road Public Right-of-Way VIII. OLD BUSINESS (ORCHID) Q. f" A. RECONSIDERATION OF FINAL SUBDIVISION and Final Planned Development, , r Soderholm Addition, located on the northwest corner of Lexington Avenue and . 41 Diffley Road, abutting the east side of Lexington Way P B. PRELIMINARY PLANNED DEVELOPMENT and PRELIMINARY SUBDIVISION, Opus Development Corporation, Eagan Promenade, northeast quadrant of Yankee Doodl Road and 35E IXX.. NEW BUSINESS (TAN) / •J A. CONDITIONAL USE PERMIT, McG's, for motor fuel sales at Silver Bell Center ,r7. B. WAIVER OF SUBDIVISION, Gopher Resources, located at Yankee Doodle Road and Elrene Road -4C. APPEAL OF ZONING CODE, Non-Conforming Use Provision, Twin City Poultry, located at Trunk Highway 13 and Silver Bell Road WITHDRAWN 9 D. APPROVE 1996 Fee Schedule fI X. LEGI3LATIVZ/IriTaRGOV'ERNIIBNTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin( sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. • • MEMO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 1, 1995 SUBJECT: AGENDA INFORMATION MEMO FOR DECEMBER 5,1995 EAGAN CITY COUNCIL MEETING • • After approval of the December 5, 1995 City Council agenda and the November 21, 1995 regular City Council minutes and November 14, 1995 special City Council minutes,the following items are in order for consideration. • >, ;cG°t 1,0 C/@ 4 °/k` a''c/Vf: Craig Jensen was recently elected to the position of Fire Chief and assumed his duties effective • Friday,December 1. Similar to the Mayor, City Council and all advisory commission members, there is also an Oath of Office for this position. The Oath of Office will be administered to Craig Jensen, the City's new Fire Chief. Dale Nelson,who has served as the Fire Chief for the past three years would like to address the City Council for approximately 3 to 5 minutes regarding the transition. Enclosed on page c2 is a copy of a memo from Chief Nelson that acknowledges the Fire Chief election results. • • • • MEMO _IL __city of eagan • DATE: November 29, 1995 • TO: Torn Hedges, City Administrator • • • FROM: Dale Nelson, Fire Chief SUBJECT: Fire Chief Election Results • At the regularly scheduled Eagan Fire Department General Meeting, Battalion Chief Craig Jensen was elected to the position of Fire Chief and will assume the position effective Friday, December 1, 1995. Craig has served the Eagan Fire Department for 15 years and will bring many new and welcome talents into his new position. I would like to congratulate Craig on his well earned promotion and pledge my support to his efforts. I will be returning to the status of firefighter out of Fire Station 5 and I would like to thank the entire City staff and all the Department Heads for their support, not only to me, but to the Fire Department as a whole. DN/kmk cc: Executive Board • eg.• Agenda Information Memo December 5, 1995 Eagan City Council Meeting A. PARKS & RECREATION DEPARTMENT Item 1. Civic Arena Community Update—At the November 28 Special City Council meeting, the Director of Parks & Recreation and Civic Arena Manager provided a brief update in conjunction with the 1996 civic arena budget projections. It seemed appropriate that both Ken and Todd would appear at a regular City Council meeting and provide a 3-5 minute update on the success of the Civic Arena as a public service to the community. There is no action required on this item. • • • • • MINUTES OFNSptCl klf : d BE11 i¢ OF THE EA*3AN CITY COUNCC. 'Eagan, Minnesota N v ber 14, 199 A special meeting of the Eagan City Council was held on Tuesday,November 14, 1995 at 5:00 p.m.at the . Eagan Municipal Center. Present were Mayor Egan and Councilmembers Awada, Wachter, Masin and Hunter. Also present were City Administrator Tom Hedges,Director of Public Works Tom Colbert,Community Development Director Peggy Reichert, Park& Recreation Director Ken Vraa, and Finance Director Gene VanOverbeke. CIVIC A E�#J4::DJ EMTl,#NS Parks' and Recreation Director Vraa noted that over 400'japle signed up for the skating school. He reviewed the open skating sessions to date, noting that::priday nights have been the slowest. He indicated the Council may want to eliminate the Friday night Appn..akift4i#g to exPend the Learn to Skate Program. He needs direction from the Council soon because the riews3eit t''is'Ooifip i.t:soon. Councilmember Wachter stated he doesn't like to see the schedule.changed after only being open for a month and a half. Awada concurred,stating she feels there should be more open sessions. Councilmember Hunter suggested it should stay the way it is long enough to see if it is a trend. Mayor Egan concurred, and suggested it be reviewed next year. Parks and Recreation Director Vraa tEii i1;:r Jewed the use of the arena by the Minnesota Moose, noting. they are committed to the facility. • OVERVIEW OF TRANSPORT4TION IMPRb.E-MENTS FOR YANKEE DOODLE ROAD/PILOT KNOB ROAQ::F.OUtt:QUADRANT AREA • Administrator Hedges reviewed the ei ta#joi 'tiiitline. Director of Public Works Colbert introduced the consulting engineering team, and reviewed th:b9bkground of these improvements. He indicated that in order to get the rezoning and Comprehensive Guide Plan amendment for the O'Neill property, the Met Council put a cap of 8,700 vehicle trips per day on traffic generated by the O'Neill parcel based on the limited capacity of the existing roadway system. In order for that property to be developed with a higher intensity use, 4ignificant roadway improvements have to be done. The Met Council would not approve a Comprehensive Guide Plan amendment allowing greater intensity without a corridor trai p.grtatien;sxudy,.for the Yankee Doodle corridor. It was at that time that the ring road concept was developed. m e roa cf y 1, prow?rpents were estimated at$11.5 million for the ultimate 2015 year development scenario. Ttie''Citji`s''altarre•4 F:these improvements would be $8.5 million, after deducting federal,state and county contributions. The it%iti,al concept:considered by the City Council last year was to split that cost evenly between a property tax mill lei'r► speciai: sessments to benefitted properties, and the major street fund. Ferrol Robinson,of Strgar,Roscoe Fausch,Inc.gave a presehtation on the proposed public improvements • and internal improvements for the Opus project. Some of the items reviewed were the extension of Denmark to the north which would turn into Northwood Drive and connect with Lexington Avenue;double left turn lanes at the Intersection of Yankee Doodle Road and Pilot Knob Road;widening.of the bridge on Yankee Doodle Road across 35E; a right-in/right-out for cars in the Park and Ride lot; revision 9f the ramps to 35E;a four lane divided roadway on Lexington Avenue; and moving the intersection of Pilot Knob Road and the entrance to Loral. He noted there is no time frame identified for these improvements; it is simply etbfan that will be in place to be used when it is needed. Director of Public Works Colbert ngtgl:tf at:t he..improvappent of Lexington Avenue may be eligible for federal funds, so they will try to get it funded:for 9$$; Mr. Robinson then summarized the improvements that are::eecessary for the Opus proposal. Director of " Public Works Colbert noted that the internal improvements acie:::expected to be the full responsibility of the development of the Opus property and the property to the north:''In addition to the internal improvements, the external improvements consist of the Yankee Doodle corridor improvements, the 35E interchange modifications, and Interim Improvements to Lexington Avenue. The estimated total cost of the 1996 improvements estimated for • EAGAN SPECIAL CITY COUNCIL MINUTES;NOVEMBER:1? �;!lei: PAGE 2 • the Opus development is$8.6 million which inc&i 1es indirect costs.pAnot right-of-way acquisition which might be somewhere In the range of 3%. • Director of Public Works Colbert then revievveci:O:pptiftilal funding sources. He reviewed state, county and local funding. He noted that the county will participate only on county roads at 55% of the cost of roadway improvements, and 50% of the cost of signals. The local participation Is proposed to come from the developer, special assessments, major street fund, and general property tax levy. He reviewed a breakdown of the local funding sources. Discussion followed concerning state funding of the 35E ramp improvements. The impact of a negative decision on the Country Joe lawsuit :t a:1. jgf;stra t:;fiand:was discussed. He also reviewed several scenarios as to how to assess special assessriii3itIs:lo?:this proli end how much to assess per square foot. He noted that at 5 cents per square foot, special assessriidijts wouk#.::•��'•enerate just under $300,000. Discussion followed on when the Duckwood Drive interchange woulti'•be instalfetl:and the costs associated with it. Director of Public Works Colbert reviewed.thr ee:$cienariosit:'participation by Opus. They have made the argument that Yankee Doodle Road is being ti idt Witt xcess;ddpocity over and above what is required for their development so they shouldn't have to pay 10fK'cif the cost: :Piiiance Director VanOverbeke reviewed the major street fund projected through 1999. Considerable discussion followed concerning funding considerations. Director of Public Works Colbert reviewed the policy considerations,including whether there should be any area-wide special assessments to help finance this project, and if so, how much and who should be included; how much Opus should be required to contribute.•tq•the Yankee Doodle corridor improvements, 35E modifications, Lexington Avenue improvement,and streetsca 3inptQyements; and how the remaining unfunded costs should be. financed. Considerable discussion followed cOnce#00;:t4.assessments and sustaining benefit. - Administrator Hedges reviewed the pros anifOons of fiat/%ii ope developer do this project. Councilmember Awada suggested it would make more sense to do figs Duckwo.od:�ddge now rather than later and having just one area wide assessment. Councilmember Hunter respondigOiatthe•city would get criticism for overspending. Some discussion followed concerning the timing and;:ftmc ztg::of'the bridge construction. Mayor Egan stated he feels Opus should pay the maximum the city can get from them for the off-site improvements as a result of reasonable negotiations with them so they aren't discouraged from going forward with this project. Councilmember Wachter also noted that those Improvements are very beneficial to the Opus project. Area-wide special assessments were discussed in relation to the timing of each phase and it was felt special assessments should not be utilized with this first.phase ctf improvements,but considered on an area-wide basis with future phases. Considerable discussion followe i:?eotl ertiir ftii t.Much Opus should be responsible for Mayor Egan stated he feels Opus should pay the entiiedirldiiht''AffeiitiOsiMig with the Community Development Director, he feels the city can extract most of what is needed in tqs of roadway and infrastructure improvements without the loss of a lot of land use efficiency, so he isn't as congarped abgii :losing Opus as a single developer as he was earlier. He would like to Incorporate both the north and:egl.ith bridges as early as possible, study the feasibility of doing a broad area-wide assessment to minimize as mikt as po Bible the amount to be taken out of the major • street fund. Councilmember Wachter concurred, stating that the City can always come down on the amount, but can't go up. Councilmember Hunter stated he favors the scenario whereby Opus gets a 15%reserve capacity credit for external improvements. Councilmember Awada concurred. Mayor Egan stated that if the Council wants to do that, It should be so indicated that that is a firm figure, take it or leave it. Some discussion followed. Barry Warner then reviewed some streetscape options fort7j#Yankee Doodle corridor. He reviewed some of the constraints when designing this plan, such as right-of= ay limitations, county state aid clear zone requirements,broad median areas,lack of human: cl le,:. d tha#.pQrtions of the roadway will remain in tact. Some of the things they feel they can do to offset tft Otiat'alma:it iroirlde a sense of scale, enhance the image of the corridor from a community standpoint, provide;'an'ideritity'Wifff's'tif ialess feel, and provide some seasonal interest. He reviewed boulevard plantings and discussion followed'conceming;:elevated planters,using salt tolerant varieties - and the types of trees to be used. Mr. Warner stressed the impdgi<ahce of maintaining whatever plantings are put in. He also proposed an attractive bridge abutment treatment arid'the inclusion of some decorative lighting. He reviewed some options for prominent intersection improvements using colorful landscaping,pedestrian level lighting, low monumentation walls,ornamental fencing,signing,etc. He also suggested some signage at Intersections that • } y`, • • • EAGAN SPECIAL CITY COUNCIL MINUTES;NOVEMBER':,:ia i.. W•.sec> :I:;x . PAGE 3 • seryice.primaty,driveways 'r rto{sore of,thappri at s or areas; Ctrts,,.v rere discussed,,wrthathe suggestion of a phased implementation,stairting,with a project alc mcl$30.0 j009.f,,••,•e rexiew dicost'estimates,for,various scenarios. He,suggested�$300,000;as an initial investment,etti > srbty ues s0'me seed„money.to work with the.private sector on some partnerships arid do the rest.innoremetittalty9 c 4i embertlu_nter supported the planting of boulevard trees and.the.bridge}approach as part of Phase;J..Councilrnember,Wachter.expressed concern about salt damage to.trees. He favors more use of concrete. .Mayor.Egan stated he:feels trees create more maintenance; but also create more of a charming feel:to an area: "Discussion followed concerning working with the private sector and developing some partnerships,and Community Development Director Reichert indicated an informational meeting should be held. Councilmember Masin stated Qtsber;0ep;Ar$•important. Administrator Hedges reviewed some financing dsifiins for streetscape,such as the major street fund,the park trails fund, developer contributions; special,service district,•special assessments, internal tax increment financing, and property tax mill levy and discussion followed concerning the various options. Mayor Egan stated he favors a special service district over special;a;seast ertte,•Covfli ip iember Awada stated it will be between the park trails fund,internal tax increment fnancinti::and pir: pei'ty# ;.dome discussion followed concerning what can be done with the private sector. Counciimembe'r Hunter notecf:t#ta't•the city needs something to get the momentum going. He feels the initial investment should be funded entirely by the city, probably out of the park trails fund to give momentum to the streetscape Improvements. From there,private partnerships can be built. Councilmembers concurred. Mayor Egan expressed some concem.about the entire ring road concept, noting that Apple Valley tried to do that and he doesn't feel It Is very effective;;::i.Ia wants to know how the design of this system will enhance the. service in this area and in what ways it is better than 4• B:Walley's ring road system. Mr. Robinson reviewed some of the factors that will enhance transportation in the area•i14id;the.tm que aspects of these proposed improvements. REVIEW CENTRAL,PARK O'TIONS Community Development Director Relohi rtrr.Klieweii'tthe city's goals and vision for a central park to be used as a gathering place for community events. titictii'Yeviewing the available areas in the city for this type of central park,the three options are the Unisys/Perron property;the Northwestern Mutual site;and the Municipal Center site. Parks and Recreation Director Vraa reviewed what could be done on the Municipal Center site and how it would fit with the city's goals and vision for a central park. He noted there are some significant slopes that limit what can be accomplished on the property. Some;options.in addition to a 60-70,000 square foot community center include a second sheet of ice,additional parkin ,an slbgi*t:1,aticeitto Patrick Egan Park,and a farmer's market. He noted, however, that it would be difficult'fd•'accnmplislf 41•:$i`tfie Council's goals on this site. He noted, for example,that this site would not be conducive to large gOt1 Brings. Councilmember Wachter asked about obtaining some additional land from the library. Parks and Recreation n Director:iiraa noted there would be little land available from the library. Wachter also suggested a two story cotiitunity collier with solar energy panels on the south side of the building. Community Development Director Reictrert:noted thigiat least 400 additional parking spaces would also be needed for a community center. Community Development Director Reichert reviewed the Unisys/Perron property. She noted that the plan they are working on includes a Phase I that included townhouses, assisted living, and a central park; and Phase II that would include additional townhouses and commercial development. She noted that of the 35 acres of park area, 14 acres is in the flood plain. Their dedication on the 80 ac rsei would be 8, and with the credit for the flood plain,their dedication of good land would be 5.6 acres. She noted that the park would have room for a community center an outdoor pool, 600 parking stalls, artAp- t.ater.and;•traiis. Community Development Director Ref tt'fheiti tevteweii tfi'e possibilities for the Northwestern Mutual site in the event It becomes available. She reviewed an analysis that..w.•.es done that would include a central park, golf course and driving range. She noted that there are some signifi*t wetlands on the property. Some discussion followed concerning placement of the parking and drive areas. Parks•and Recreation Director Vraa reviewed further ises for the property, including farmers market,winter trails and fountains in some of the wetlands. ,� ll II '. 1br i!1 f �.:��;att.��.�a�.:a?s't?°?f•3....ta.•r�t'.� � • t 3:t•:•s::.i:t:f:t sifftt.1••'• ••• i EAGAN SPECIAL Cii t.000NCIL MNUTES;NOVEBE r f : .'• .:41ve 3 ••i ITYA";(er,:k; 4 P .r; 14'40 � 'I PAGE 4 + •:`: �:j • "—The.COunal`condUh:d+r`iffi direetion0p i ue ac wiring the; l s3rttrir'resfem�Mtittualisitesffrom�the ,eo1e10iho curren have'ant p`lion,bL the�propeerty'P,C� ' i e"mb'`e . �diir "ested JinJ'addition?t i�a ithei `f `tb accommodates the needs of the;Prapecti9e purchese`F$o d' seiti the'ciy MayorEgaf bedrtha evmet with the prospective;purchaser w , gdtta city s• ver1bf co'nde'mnatibn aril I diirated they would like to cooperate:with the'cIt 4o'n"devefopligia rgblf2cours"eton+thisTprope-fly cHeistreesddltniarieed�for the citg to Work with them`in the"Spirit,Of cooperation':{ Courfallmember Wachter suggeeted'the,Citindministrator start negotiatifl with them for this property,and Councilmember Impedance of helping'thern find other land. Mayor Egan concurred,stating he feels this is a?greatropporttinity. Councilmember Wachter stated he feels this property is more feasible than the ye rty.. acme;discussion foiloWed. Community Development Director Reichert note:t.ithat on?.the Unisys site, the residential development constrains the central park use somewhat. The city may to tkiithase%the Perron property to trade land for the central park, but the Owners feel it is very valuable bao use it isigirlded R& D, so the city may be paying top dollar and then turn around and sell it for residential:, Oe's :.The.; ditons seem willing to hold on to the property for top dollar, so the city'would have to go thrikit'ig dem n8t b&:'She also pointed out that the city has very limited corporate office sites available. She also noted that to'do'a park on this property is dependent on getting great cooperation from the corporations that have the parking lots surrounding the property. She reviewed the land use issues,and noted that the Council needs to decide what the appropriate land use is for this area. The property owners would like an answer because they would like to start developing the property. Councilmember Wachter stated he would hate to lose the property.around the pond; however Awada noted that the Northwestern Mutual . parcel would take 200 acres off the commercial.,property tax rolls. Councilmember Hunter stated he doesn't feel the Council can give an answer on the Unisys Ofe::until it is determined what will happen on the Northwestern. Mutual property. Mayor Egan concurred. Co'cifroilriaeriiber.Hunter added that the Council needs to look at the . impacts on Yankee Doodle Road. Considerable discussooi%followed.concerning how the Council wants to proceed relative to the Unisys/Perron property and Northwestern MuttiaYpr,'operty and whether residential is appropriate for the Unisys/Perron property. Councilmember Awad; :stated:st e::wotild only consider townhomes, and only on a small part of the property, and only if the city deveyhis ffhirt area'ats a park. Councilmember Wachter stated he is not ready to make a decision on the Unisys/P Ct:;p0cperty tonight. Administrator Hedges suggested the city contact the prospective buyers of the NorthweOtOnY Mutual property to get a feel for what direction that property will go, and will try to get more information to the Council on Tuesday. Some discussion followed. At this time, Administrator Hedges suggested that the Community Development update be postponed to • a future work session. Community Development Director Reichert notd::that she::received a call today from the St. Paul Port Authority indicating that they have new information relatAie:to the l gister Resale financing that In addition to the personal guarantees by the partners, Eastern State;Hank is Kling to give the city a letter of credit that wouldguarantee half of the city's loan for five years. 'May woult.iiiktce to come to the next Council meeting for reconsideration. She asked whether the Council is willing to reconsider this and if she should put it on the next agenda. Councilmember Wachter indicated he would be willing to listen to their argument. Councilmember Masin asked whether the Economic Development Commission has reviewed this. Community Development Director Reichert noted that Kirk Duholm of the Economic Development Commission did review it, but it didn't come before the entire commission due to time constraints. A consensus was reached that the Council is willing to have it come back on the next agenda. Councilmember Masin stressed that Wire requests should go before the Economic Development Commission. Councilmember Awada noted that this a philosophical question about public funds helping private business. Administrator Hedges reviewed same potifnilai lgtes'fbf''ai'Yetreat with Carl Neu. He noted that Mr. Neu suggested having'a day in January or February, and have him back for a day later in the year. Councilmember Wachter stated he feels he can stay more focused if it is two days 3 e row. Councilmember Hunter suggested Mr. Neu'could come for a day, and the Council could continue on theit'own. The date preferred was January 25. • EAGAN SPECIAL CITY COUNCIL MINUTES; PAGE 5 Administrator Hedges gave an update n a request by th:f ibrine's for reconsideration of the Soderholm Addition plat, and noted that the City Attorney is researching v hmt the Council's options are • He noted that the basis for reconsideration is new Information. Cound tti.0 :.krMila suggested that the Florine's be contacted and told that. Mayor Egan noted that the Florine's have a ofrti cdie&t i 'attomey and are asking for a 30 day moratorium, and if it isn't granted, they will seek an injunction from the district court. Some discussion followed concerning notification requirements. Mayor Egan noted that the Florine's have been at every meeting that this plat was discussed and had ample opportunity to raise the issues at that time. They did nothing, and now that the final plat is approved and signed, they are requesting a 30 day moratorium. Councilmember Hunter asked about s'i'fsporis +.3oihsting's letter regarding the hiring of a public relations firm. Administrator Hedges noted that a draft 1; :been w:tn, but it hasn't been sent yet. Mayor Egan noted that hiring a public relations firm has been talked'about for this•last 4-5 years. This is nothing new. Councilmember Wachter expressed hid:di appaIn »ent,oi the verbal abuse the City Administrator was subjected to in a recent meeting with a business 5bn*thigf*A:g0id in front of other citizens. He feels this type of behavior is abhorrent and should be stopped. Councilm6ti'iti6i Hunter stated he feels the directive should be given that whenever a citizen is verbally abusive that the City Administrator be able to walk out or hang up on that person. Councilmember Wachter stated he feels a letter should be written to him from the Council requesting an apology. Councilmember Hunter concurred, and suggested the letter be addressed to the Small Business Association. Some discussion followed. • The meeting adjourned at 10:10 p.m; • DLP .r Date City Clerk • II �� . „, .iir.4..,;,,;.*I:,7.7---m. A tw41,-104. ,u,i.,P,,,,,,.',..,„tk.,,,:,i,iliac,...,.or4 ".11, .,-''•0.0.4-,„,...'-.q.„,4,01-, , ',.+. ,,,„,,„too, ,...".,61.,,,,,s,,,.v.,,,,..,,„, .itivitti,..,, ,, .., ._ ;A, ,:'1,, ,, oi„.. -1 ‘,.- ,,, .,--,' ,.:t.,,.,. ...,-,,.. 4, .',,..,,,, ,;:c , Nef,,,..,t-;. i-^ , , '- ' ' 4,,A.ku-,, ,,• *,,o,f7„ . ;-..„ -,,-,.,,,,, ,,,,,-i.,-..,,, ,i.;,,-A...24.,/,,,...; ,. ,,,- . ,V ''3,`"r-4'`.14',, 4- .-- ..,r,-4, :z-N'. ,4* '-,-. -:' ,-...:, ":.1,,. • .,,..,-,'',',...,, ;., ' •'i.4.t',,'' ,' , ...ki,;',c'!*...-• c*,' ,.1,.'•4^,f:,,,",;6,°:.14,;!1!,'.,'',-",', ''-, .;.-1,4',..,.viL-A r,.:41 " . .. . ' ;-. '--. , , " ' ,, ‘:• ',, . . '... -,,.1/.•,:--.',--,, ,, t;,,"'°:'.: ' ..-. , . • , ., , .. . . :i •'',•4 - ,.-, , • .. •`• '..?.-•:,-',..!!V ::: .■.V..;."1,91,,,;.:..„ . . ., . 1. •:-.,--- ..t. :...40.'.,,'..-..',t;":-.-......' -,'.." ., ',....4.-,;.■0.,:•.0,....9,..otAgedwANCIA ligtt.M."44, ar,,IveKr+ 0131111411406 . . „ 4 i . 1, ..-. . , • 11 ,.. ,I.:4 1,,,,.:1.)4V ! .1:1:ii'm,'''''•,,r4,,,:rE:',:".,: ::,"",.11,.,,:,"77,4;1.11....6,4;;;,;:s.;u:JY:'1.71;-:x-1.)r,l's:1714b4H1:.,g4,..;., ,,wtOvitt44,,:titt4."., i• ... . 9 3r •",t4.,..,:";rt:' I -:t. • ' •-•.,, , ' - •' . '''' - 44 t,-.,,,•t ' ,J, -.14.., =•4-- - :' •'- I • , ,, , . . , • ' , . ' . ' 11. 1 , ., ■t 1 . . - 'et I -'l - . li , . ' , II .1 I 1 „ 1 . , . . ■1 '" maisimill ,i ,I !li . ,, . , ., , . , _______ 1 • • r?' MINUTES OF::A#qg 1,JLA 3::ME OG OF THE .::Eagan, Minnesota:::: November 21, 199§:,..:.:, A regular meeting of the Eagan City C iiti wap.I a ttif Tuesday, November 21, 1995 at 6:30 p.m. • at the Eagan Municipal Center. Present were Mayci ari i tounciimembers Wachter,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. - Administrator Hedges suggested tFie It it bid'at 5onnfe Erickson be held prior to Visitors to be Heard. Wachter moved, Masin seconded a motiorifa appro d: he agenda as amended. •Aye: 5,Nay: 0 Counciimember Masin requested adiAlditilinciiiMitiiiImge 2 under Public Utilities Budget, gMng the response to her question regarding the rationale of usirig part-time employees. Wachter moved, Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Hunter requestecOthe.:;eddftion of language on page 7, paragraph 2, to state 'Councilmember Hunter stated that followirig:the;pr vlous discussion and the presentation by Mr.Johnson,he thinks the traffic flow will work.' Awada moved,Hunter secon fed:a motion to approve the minutes as amended. Aye: 5 Nay: 0 ,r • iifEVF,L, r i a wam f "g • Hunter moved, Masin seconded a Oiotion to approve the minutes as presented. Aye: 5 Nay: 0 Bonnie Erickson, Eagan representative to Mrs. Minnesota pageant, introduced herself to the Council and encouraged their support, sponsorship.and::pr . igk:;:She:gave information on her background and the pageant and noted her platform is to speak:otiV a ali st itt fi;sff. ;%lblence. Mayor Egan suggested she contact the Convention and Visitors Bureau regarding public.eppearances; • m . s . .P Myriam Husmann, 4677 Stratford Lane, representing:#ie Weston Hills development, expressed a concern about getting stop signs immediately by Red Pine School at the two T-intersections on Weston Hills Drive with Stratford Lane and Red Pine Lane for safety reasons. She noted that they approached the school • district and they have agreed to bus the children for the rest of the school year. She Indicated she Is very disappointed at how long It Is taking to get this accomplished: Administrator Hedges Indicated the petition for stop signs was just received and the request and is being evaits: ed. Dick Peterson, of Doherty, Rumble:S;$utler4 SO:.Sc tia;5th Street, Minneapolis, representing Dr. and Mrs. Brent Fiorine, requested reconsiderafk .gf t ; prt l:;tof the planned development for Soderholm Addition. He stated that planned development violates'tt e'ioiling ordinance because the medical building approved as part of the planned development exceeds the het :limitations for buildings within 300 feet of a single family residential district. The code also requires a multi=stPiy building agreement as part of the planned development agreement. The planned development as approved does not better adapt Itself to the physical and aesthetic setting and that of the surrounding lands, nor does it benefit the community at large to a greater degree than would development of the underlying zoning district. He doesn't feel the McDonald's restaurant EAGAN CiTY COUNCIL MINUTE:M NOVEMBER 21, - PAGE 2 ... Is appropriate for a neighborhood business idassi ication, because that district Is for serving the local retail needs of a community. The service station fl :its.the neighborigObusiness district, but ft requires that it be constructed only after construction of and ocbt y:of..1A0a 0, square feet of retail. There are many traffic Issues that were left unanswered that were raised 0 f;'and there is still a question as to whether or not the county will allow that. He noted that only four'iiesktlents were apprised of this by direct mailed notice. One of the five residents on Lexington Way was not notified because they were outside the 350 foot notification area. There was a misunderstanding around the end of September as to whether or not there was still opportunity for public comment. Brent Florine reviewed how that misunderstanding took place, noting that he was told that the project was going forward::and:•.there.,.Was:.•qo public Input process. He feels this misunderstanding deprived him of his rights T? Q:: Ludy' fits project and the conditions set forth for final approval and to make his feelings about these Isms, known?! the Mayor and Council. He feels he was also deprived of the opportunity to publicize this project'so that baler citizens of Eagan could express their views. He requested that this be reconsidered, and he be giy,sp an amount of time equal to at least the time he was misinformed by staff on September;?. : whet�;;ttte vote was taken on November 6 before another vote is taken on this. This would alIt#i+time:tb gat:t ,r lmdependent traffic flow analysis that he would have otherwise had the opportunity to do. ' Mayor Egan stated he feels it would be most appropriate to schedule this on a future agenda. Discussion followed on who can make a motion to reconsider. City Attorney Sheldon noted that the Council's • approval stands unless and until that declsion Is changed. Even if a motion to reconsider is made,the approval stands until it is changed. Councflmember Htunter indicated he wanted to discuss this tonight,but Mr.Peterson brought up some points that need to be rei#S r ::hy staff. Hunter moved, Masin seconded a motion to • • reconsider the final approval of the Soderhoim Adtiiti nd:*hat ft be placed on the next agenda. Mr.Peterson requested that four weeks be granted; however, Counchrriehiitder'Hunter noted that the project is proceeding and It is to everyone's best interest to resolve thi ;.as quicicly.As:;p Bible. Aye: 5 Nay: 0 • w w . « .; • Counctimember Wachter asked for'Information on the Holz Farm, and Parks and Recreation Director Vraa noted it will be an item on the November 28 work session. Councilmember Awada raised the 350 foot rule for sending notices, noting It may need to be reviewed and changed. Counclimember Hunter noted:that•kvas..raised.at the business outreach meeting as well and suggested that this and other suggestions frititiiliSiitiSii.i.04101400ich meetings be discussed at an upcoming • work session. In regard to Item M, Award Bid. Fire Station No 1 Reneiing. Administrator Hedges handed out a letter from C M Construction regarding this bid. There was a question on the low bid, and after a review by the City Attorney, the recommendation stands to accept the low bid. City Attorney Sheldon gave an explanation. Discussion followed. A. Personnel Items Item 1. It was recommended to approve the:hirin ,of.R. nee.Casiilio as a regular,full-time Community Service Officer In the Police Department. • Item 2. It was recommended to approve the hiring of Colin•Kerslake as a seasonal part-time Civic Arena Resurfacer/Supervisor. Item 3. It was recommended to approve the hiring of Robert Widmer as a temporary part-time Recycling Intern. • • • EAGAN CfY COUNCIL MINUTES;NOVEMBER 21, .... ... . item 4. It was recommended to approve thia.revision to the Citsi'of Eagan Personnel Policy requiring that disciplinary suspensions for exempt employee ,must be given bincks of entire work weeks,except in cases of major safety infractions. B. Plumbers Licenses. It was recommended to aprir' 'thi plumbers licenses for Abel's Mechanical Services Inc.; Broil Plumbing, Donald A.; and Cokley Plumbing as presented. C. Ordinance Amendment.Public Facilities District. It was recommended to approve an ordinance amendment to Chapter 11, Section 11.20, Subd. 7, Public;t=a cli Disftrict,;establishing minimum setback requirements. • D. Special Hunting Permit. Brian Gunderson. IIt wa t$commei l d to approve a special hunting p rmk for Police Officer Brian Gunderson to participate in the spedal deei4iiiduction hunt at The Waters. E. Contract 94-TT. Yankee Plaza. It was recommended to acTd1owiedge completion of Contract 94-TT and authorize perpetual City maintenance subj0t:to propitl r{anty provisions. F. Contract 94-DD. Crestwood Addition. It was recommended to acknowledge completion of Contract 94-DD and authorize perpetual City maintenance subject to appropriate warranty provisions. G. Change Orders.'Municipal CenterExpansion. ft was recommended to approve change orders totalling - $8,533.91 for the Municipal Center expansiofl:.as presented. H. Approve Comments. Metropolitan Airports iiiii}:Is` , ;1996-2002 Capital Improvements Program. it was recommended to approve comments as presented.for•#fie fetropoiftan Airports Commission's 1996-2002 Capital Improvements Program. • 1. Liquor License Renewals. ft was recommec3 ted*; rove license renewals for the businesses Indicated for on-sale liquor, on-sale club liquor, off-sea #(quoit,wine, on-sale beer and off-sale beer, attached as Exhibit A, subject to completion of the police background review as presented. J. Approve New Owner for Kenny's Uquor Store. 1444 Yankee Doodle Road. It was recommended to approve a transfer of the off-sale liquor license for MM4 Inc.,the new owner of Kenny's Liquor Store. - K Resolution. Denial of Right-of-way. Lex*0.i:-Pat #t as tebommended to approve a resolution denying the grant of right-of-way for a public street 'tfititliji:OrEitaffs Lexington Park property. L. Acknowledge Completion.Authorize Final Paymer t ke Refrigerration for Civic Arena. Premier Refrigeration. It was recommended to acknowledge completion atligepprovo:fignal payment for Ice refrigeration system for Civic Arena to Premier Refrigeration. . M. Award Bid. Fire Station No. 1 Remodeling. It was recommended to approve the low bid from Greystone Construction Company, In the amount of$216,870 for the remodeling of Fire Station No. 1. Hunter moved, Wachter seconded a motion to approve to consent agenda. Aye: 5 Nay: 0 PROJECT 68ö A' S'AN D LOSH ADDITIONS _ Director of Public Works Colbert and Mark Hanson,of giestroo,Rosene,Anderltk&Associates,gave a staff report. Mr. Hanson reviewed several options for this project and methods for controlling erosion In the ravine. He reviewed both storm sewer and bioengineering approaches to controlling erosion. He indicated they have not done a survey of the ravine, so if the Council agrees to proceed with the bioengineering approach, • S . • • EAGAN CiTY COUNCIL MINUTES',NOVEMBER 21,11 PAGE 4 •••••• .... they can develop a detailed plan and meet..with the residents along the ravine and show them the actual construction based on the design and sury ii:After some disc lion concerning the costs and causes of erosion, Mayor Egan opened the public hearilig gc.anyone f itlg to speak. Michael Sullivan, 1478 Bridgeview Terrace, �e'{ t�95er'�ting the neighborhood, presented a petition of 63 people representing 43 homes within the proposed assessment area who feel the current drainage has been adequate and would continue to be adequate If It weren't for the proposed development. If this project Is approved,they favor the bioengineering approach. They do not feel this would increase their home values and request that the Council grandfather the affer t.ct;agea•wlthrthe;frank system without additional assessment. Bryan Hayes, 2841 Bridgeview Terrace, urged ouricp a oval due to the fact that the current pipe • is deteriorated and the erosion problems associated Whit the Director of Public Works Colbert noted that the pipe that is in the ravine was not professionajknstalled.:asid concurred that corrective measures are needed. He noted that as this was being evaluated-fora• ermar :solution,the Delosh Addition came through for proposed development. Recognizing that:bot:o thesea:ravines converge at a common low point, staff felt It would be prudent to address both drainage needs under oite:41131ic Improvement project. Mayor Egan asked about the utilities In Valley View Plateau. Director of Public Works Colbert responded that Valley View Plateau was one of the city's earliest residential developments and subsequent to Its development, the city commissioned preparation of a comprehensive storm water management plan, so the utilities In that development were Installed by the developer when the city was basically a township, and he doesn't believe there were any standards of design, Inspecsipn:or construction. • Tom Monahan, 2840 Highview Terrace;'•gai :ba.ckground of the development of this area. There were problems with the developer installing roada.andiltfiitfies: The developer died before the problems were resolved,and they were left to deal with the family,:;The family..agrt to provide the water system in exchange for not installing the roads. The township then irj$tallectitfte:r ads'r'''.After about ten years, someone petitioned for sanitary sewer, and at that time,the city..terg.g;over;thie':Water system and resurfaced the roads. They were assessed for these Improvements at that Joe Kurhajetz, 2850 Sibley Hills Drive, Indicated he feels the people on Sibley Hills Drive should be exempt from assessments. Mayor Egan noted that the financial considerations still need to be addressed. He will have an opportunity to address the assessment issue at the assessment public hearing. Counciimember Hunter noted that the final assessment rat.eactng.1s.p9t;just a rubber stamp. The Council can and has changed the assessment roll on many occasions based on: que circumstances. Councilmember Wachter noted it has been the Council's policy not'fo a ess'peofile:twfie'1or the same thing. He feels that question needs to be answered. Don Knight, 1455 Highview Avenue, stated f Oi feels the projects should be separated. He feels the people in the Hayes development will receive no bene1It from th nelosh project. He noted that the project for Hayes Addition Is an extension of the existing storm sewer, and they have already been assessed for it He has no problem paying for the portion that Is replacing what was installed by the original developer, but he • doesn't feel they should have to pay for anything on the Delosh project. He noted there is a very short section of Highridge Terrace to the north of Highview Avenue that dead-ends by the golf course. The person who lives on Lot 11 has had drainage problems every spring and every hey rain and his driveway is eroding. A lot of the water is draining off the golf course. He Is not included irx:>tte assessment area, but he feels this should be included with this project Director of Publla Works Colbert'Indicated that his problem Is unrelated to this drainage project because his storm water: iti't: 1 n :ravine. He noted that there is a common element between the two developments. 'H9'sfatediffevvtiat is.being proposed is to assess everyone the current trunk area avaliabtlity,rate for storm sewer,and it is not..directiy calculated from the cost of the project. Counciimember Hunter noted this Is a standard rate throughodt.tlae city. Mr. Knight pointed out three lots on Highview Avenue that would benefit from this project but aren't'included in the assessment area. Director of Public Works Colbert responded that those lots drain to the street and.onto the golf course, so they weren't Included. • EAGAN CITY COUNCIL MINUTES;NOVEMBER 21,1Q $;: PAGES .... Ed Fuller,2860 Highridge Terrace,Irii rated that he spoketri John O'Toole and Mark Remick and they indicated they had not been notified that thek*.puld be assessealor this. Ile expressed disappointment that his neighborhood was only given four days t .i i..irit any opp.046n to this. He understands, however,that they will have another chance to express oppos1#i0 t yWessessmen1 hearing. Gus Zuccaro,2841 Highridge Terrace,asked why Hayes Addition Isn't being assessed for storm sewer like they are. Director of Public Works Colbert responded that Hayes Addition Is included in the assessment area. Mark Hanson added that the trunk area assessments for both Hayes and Delosh Addition will be picked up through the development agreement. Mark Ribar, 1454 Southridge Avenue,iial'aiiiiiiiThredttAilnformational meeting, a third option was discussed which was to do nothing. That was not pre bitted as tti:eption tonight. No one at the informational meeting was in favor of being assessed for somethimthat was•neicessary for a developer to proceed. The developer will make money off of these lots. He ask it thether:0Ing nothing Is still a viable option. Director of Public Works Colbert responded that doi pt kjg is: y. option on any project. He noted the action requested by the Council is to approve, modlfy'ifr deny trig: i'ojebt based on Its merits. •If nothing is done and the development proceeds, there will be increased surface water runoff which will result in additional erosion to the ravine. it needs to be determined whether that is an acceptable alternative. Mayor Egan then turned the discussion back to the Council. Councilmember Hunter noted that this Is an old area of town. There have been some:questionable engineering practices in the past when the original utilities were Installed and that needs to be:re; arctaed and taken Into account The Council tries to be fair to everyone with trunk assessments. They are stand ftt i tesi but people shouldn't have to pay twice,so it needs to be researched. He walked both ravines and tt.is'obviotJ$ithet•there are erosion problems there that need correction. If the Council does nothing,and fur*erosion occurs In the future, residents will demand action and possibly sue the city. It has happened befote,and::he:;e;100th't want to see It happen here. He favors proceeding with this project. Councilmember. l'nca a:COnCurred, noting that even without this development, there are erosion problems that need to b8:> didiieseed. Councilmember Hunter added that due to early and vocal support by residents,the city came up With an Innovative technique to solve this problem and it will save money. He thanked the residents for voicing their opinions early. Hunter moved,Wachter seconded a motion to dose the public hearing and approve Project 689. Aye: 5 Nay: 0 VARIANCES, LUlibtii kii OMERStONSTAUCTiON Community Development Director Reichert gave a staftii'eport. Mayor Egan then opened the public hearing to anyone wishing to speak: • David Hinners, of Lundgren Brothers Construction, urge f Council approval. Theresa Alberto,4189 Amberleaf Trail, noted that when they purchased their lot, it was represented to them that this is how the private shared driveway would be. She feels emergency vehicles could get In there with little difficulty. The people along this road never Intend to:yeat this as a public road. The cul-de-sac on Amberleaf Trail is only 24-25 feet wide. There being no one else wishing tit; pk;, Yorsf?;fumed the!discussion back to the Council. Councilmember Wachter asked what type:drtree'sViiii .be:liSst:Mth the wkker driveways. Director of Public • • Works Colbert identified the trees as oak trees that would be pla$si led as significant. • Wachter moved,Awada seconded a motion to approv8Nriances to allow the access road on Lot 10, Block 1, Rooney Addition, to be narrowed to 16'for approximately 30'to preserve trees; to allow the access road on Lot 15, Block 1, Rooney Addition to be narrowed.to 16'for approximately 50'to preserve trees; and • • • EAGAN CnY COUNCIL MINUTES;NOVEMBER 21,199 PAGE 6 .... to allow the access road on Lot 6, Block a,;;.Rooney Addition to be narrowed to 16' for the first 100' off Amberleaf Trail. Aye: 4 Nay: .1 (Hunter opti'0sed.) VARIANT RA[ BAHY • Community Development Director Reichert gave a staff report,noting there is a discrepancy as to what the actual setback is on this property. The survey says he has a 20 foot setback, but the owner measured It to be only 18 feet. According to the city, he doesn't technically need a variance; however,the applicant wants ensure what he is doing is legal and won't caua:.. Ie a0p.the•firture. Mayor Egan then opened the public hearing to anyone wishing to speak. Ron ri ptiy :tom; is t,;urged Council approval, noting the lot is undersized and the house wasn't put in the right placaEl: iccordirs.Io the survey. He indicated that If there is any opposition in the audience, he is willing to withdraw'his request for a variance. Mayor Egan then turned the discussion back to the Council. Hunter moved,Wsflter seceded a motion to approve a 1.5'variance to the required 10' side yard setback for Lot 14,.:Block 3 Neadowiand 1st Addition. Aye: 5 Nay: 0 PROJECT 666R, WATERVIEW ADDITION Director of Public Works Colbert gave a staff report and reviewed the Public Works Committee recommendation, that being that 30% of tti8:.proposed assessment be levied with a postponement for any additional remainder to be collected at the'time.01 Connection, if that ever occurs, to each of the individual • • property owners. Doug Johnson, 4775 Dodd Roedtiia ;#te:.disagrees with the city's opinion on the lawsuit with the people to the north, but they accept thla.:as an'aclegtiate_compromise. Some discussion followed. Awada moved,Wachter seconded a motion to approve the inar:*.ssessment roll as modified for Project 666R. Aye: 5 Nay: 0 TRAPP P0114:PRIVATE STREET TRANSFER Director of Public Works Colbert gave a staff report and reviewed the recommendation of the Public Works Committee,which Is favorable consideration of this request with a structural•overlay an the streets to bring it up to city standards;the'non-conforming two existing street lights be replaced with a singular street light to meet city standards for both Uluminatiort:,attd:.sestaal k;•a drainage easement be dedicated to the city to handle the runoff of what will be future pubpir•:rlgl x fray, id ti at:the property be properly described through a certificate of survey and conveyed to the cfljr;' He n• ted'ffiait?teir representative, Dale Huber, Indicated he could not be at this meeting, but he understands the ci ditions,:i id would like the opportunity to evaluate the costs associated with these conditions and review therriYrtth the 6icted property owners to determine whether he would still like to proceed. CouncUmember Hunt r•:troted t1i i are three additional conditions: obtain a legal description;dedicate the rigid-of-way;and replace the strd; alghts. He asked what'appropriate right-of- way' is as stated In the conditions. Director of Public Works Colbert responded It would be 60 feet, with a comparable minimum 10' boulevard around the cwi-de-sac. It was recommended by the City Attorney to identify that as a specific condition. Hunter moved,Awaida seconded a motion to approve thg: ansfer of the Trapp Pointe private cul-de-sac to public right-of-way with the following conditions: 1. Nonconforming street lights 1:0004.4.* *% d to City standards. 2. The structural surface be brought up to a 9-ton stakard with a light mill and overlay according to - city standards. 3. A drainage easement be dedicated to the City. • • EAGAN CRY COUNCIL MINUTES;NOVEMBER 21,1 PAGE 7 .... .... ..... 4. A legal description for Trapp Polite be secured. 5. The appropriate right-of-way be dQdJ ted.. 6. The City shall not accept this transfer itl'is'aitiduntil all of the above conditions are met within one year of Council approval. Some discussion followed concerning the conditions. Aye: 5 Nay: 0 • • RECONSIDERATION OF F kfiaike: `.SIS'WOE, REGISTER RESALE Wachter moved, Masin seconded a motion to reconsider:the issue of financial assistance for Register Resale. Aye: 4 Nay: 1 (Hunter opposed.) ConsIdergile discuss, followed concerning whether or not this should be referred to the Economic Develops snt. rmtlssion. David Stokes,of St.Paul Port Authoritji,'iirged Coiirid pproval. He noted they have made substantive changes in response to the Council's concerns. Register Resale and its bank have initiated a change that would substantially decrease the city's exposure by the bank; essentially guaranteeing half of the city's guarantee over the first five years of the loan. He added that this project would generate approximately$84,000 per year in taxes. Councilmember Awada noted that after fiscal disparities and the other entities take their - share, there won't be much that will actualt .pn to the City of Eagan. • Mayor Egan spoke in support of this jiiiii*:#0,qc.ipqre is almost no risk to the city. Councilmember Awada Indicated she will support this only because of tho:retfer of credit. She is still fundamentally against this type of thing. Hunter moved,Wachter secondeda:motion to appr¢ve financial assistance for Register Resale Corporation. Aye: 5 Nay: 0 TEMPORARY ON S TREETf i.!AIIkIHG REQUEST,THOMAS LAKE SCHOOL Administrator Hedges gave a staff report,noting Thomas Lake School would like to have the fe waived on their request for temporary on-street parking. Councilmember Hunter noted that this fee was developed to • cover the costs of bagging, removing and storing the signs. He suggested that the policy be modified to Include a condition stating that the fee can..bl •.watyed if,the applicant Is willing to perform the bagging themselves to staffs satisfaction. Council ktitik lacei; ote t that if the policy is violated, the city could charge them$50. Director of Public Works'Gbibe'rt' 5ressiifctincem about the liability of having a private party change regulatory signs in a public right-of-way.:t pould alsmsnd up costing more because staff will have to inspect to make sure it is done properly, and tf;I;en makiiStire the bags are turned In and on time. Administrator Hedges reiterated the issue of IiabIlity.iii0ouncgn>i ?ber Awada stated she doesn't agree with having people bag their own signs. Mayor Egan Indicated he wQyld favor this policy change. Hunter moved, Wachter seconded a motion to add a condition to the Council p ilicy regarding temporary on-street parking requests that the$50 fee can be waived if the applicant Is willing to perform the bagging themselves to staffs satisfaction. Aye: 4 Nay: 1 (Awada opposed.) PREUMINARY PLANNED.DgYELOPMENlfAMENDMENT AND PREUMINARY SUBtitOg ,FAR1 , WER SIXTH ADDITION Community Development Director Reichert gave a staf€3eport, reviewing the history of this property. She noted that this amendment would eliminate the sit-dowtl:yfistaurant and have three large retail uses. CounclImember Masin expressed a concern about this plan. A'testaurant was always planned for this site. • • • EAGAN CITY COUNCIL MINUTES;NOVEMBER 21,11 PAGE 8 .. . Martin Colon, representing the app(lp nt, reviewed their.Flans and the reason for requesting this change, noting that some of the changes wetOparket driven of other changes were made relative to what Is happening in the city. He urged Council appi ::.Pa41:#01 era, of Pet Food Warehouse, reviewed their operations and urged Council approval. • Councilmember Masin reiterated her feeling that a restaurant should go on this site. The second senior housing project is going there and it was Intended that what would be planned for that area would accommodate the senior housing. She would like to see Pet Food Warehouse in the city,but she is not willing to give up the restaurant In that location. Ther#gtrea'f t;?apyyetaurants on that side of town. Some discussion followed. ... Hunter moved,Awada Seconded a motion to**rove a preliminary planned development amendment on 8.3 acres Identified as Outiot D, Park Center Additid,' , subject:0 the following conditions: 1. The developer shall execute an:ainjei cfinentiQ tl lusting Planned Development Agreement to Incorporate the revised layout and terms. Ttie'amended planned development shall expire five years from the date of Council approval. 2. The preliminary planned development shall be for an 18,000 square foot Pet Food Warehouse retail store,a 37,300 square foot retail store,a 18,210 square foot retail store and a 401 stall parking lot. 3. A final planned development agr$Q,metit:ku.each phase shall be executed prior to final-subdivision . and final planned development appioViiii::Iti#0119Ang exhibits are necessary for this agreement: final site plan, building elevation plan;, sign.j arr;'taridscape plan, grading and utility plan, and lighting plan. Upon submission of thiese final.•plans;;:fsiovided they are In conformance with the preliminary planned development,the tr:100951:04i.jkiiiiii.iiiiiielopment may proceed to the City Council for approval. 4. All buildings shall be constructed of brick that matches the type and color of the brick used on the previous development within the Park Center Planned Development. 5. All building, parking/drive aisle, and landscaped areas shall be properly maintained. 6. All trash/recycling containers siialt:b Qtvi d r it a building or in an enclosure attached to the principal building and constructed with a.4(iok'eifetibr to match the principal building. 7. All rooftop mechanical shall be screened im view::::::: 8. All building/directional and pylon signage shall contli with the City Code and the amended Park Center Pylon Sign Agreement. 9. All landscaped and green areas shall be served by an underground Irrigation system. 10. All buildings shall be attached to each other and OiNtecturally as shown In the Final Site Plan. -Aye: 4 Nay: 1 (Masin opposed.) . Hunter moved,Awada seconded a mofiaiiiiS 8jsptoVii ttie preliminary subdivision for Park Center Sb h Addition consisting of one lot on 2 acres subject to the following•conditions: 1. The developer shall comply with standard conditions*Of plat approval Al, B1, B2, B3, Cl, C2, C4, D1, El, Fl and H1 as adopted by Council on February 3, 1993. • • EAGAN CiTY COUNCIL MINUTES;NOVEMBER 21,19$ PAGE 9 ..... ..... 2. The developer shall plat the property. . 3. The developer shall prepare a prf i e•: parking:; asf ment and Ingress/egress document to be • reviewed and approved by the City yo r prior to Council action on the final subdivision. The developer shall record the private p8rkirig'and ingress/egress easement with the plat. 4. The developer shall be responsible for submitting detailed plans and specifications with the final grading plans for the construction of the retaining walls. . 5. if this project develops prior t i :Park Cetttsr:; Addition - TCF Bank development, the developer will be responsible for providing;&anitary sQi ►er and water main stubs to Lot 1, Block 1, Park Center Fifth Addition. 6. The developer shall be responsible.foP' dding•iisatiftary sewer and water main stubs to the property west of Lot 1, Block 1, k Center; idition. 7. The service drive to be extended through the site shall be constructed with concrete curb and gutter on both sides as entire length. • 8. The existing service drive to Taco Bell shall be upgraded to City standards to include concrete curb and gutter to the southern edg ;Af;.lrot 1, Block 1, Park Center Sixth Addition. • 9. The developer shall provide evidence oof:.:1 ess/egress easements to provide access to Lot 1, Block 1, Park Center Sixth Addition.;:;•. .r Aye: 4 Nay: 1 (Masin opposed.) APPROVE NEW UQViiii:i ORE, UNITED PENN LAKE INC., DBA SILVER BELL UOUOR, 1969 SILVER BELL ROAD Dave Perrier, of Perrier Wines&Liquors,expressed some concern about eliminating the geographical and population restrictions for liquor stores. He feels there should be some fair way'to control these licenses. Councilmember Awada Indicated she was;inVplvad.in.$llrnJna ing.these restrictions. She doesn't feel it Is the Job of government to decide what kind of. ness;;04 o 1tic koertaln location, with the exception of zoning restrictions. It Is restricting free trade and Ail feels'the'ri i9tiket'should drive the Industry. Councilmember Hunter concurred. The free market controls the Indujl. Somet#iscussion followed. Hunter moved, Awada seconded a motion to approve an off-sale liquor Iicerr5id:for Unit�.F Penn Lake Inc.to operate Silver Bell Liquor at 1969 Silver Bell Road. Aye: 5 Nay: 0 w..•. a v..v..ta,..a vr.�•• w..,Mw.aww.+,ww.wt a:. • Councilmember Hunter noted he was contacted by the Dakota County Economic Development Partnership about serving on the board. He indicated an Interest in finding out when the meetings are held, and soon after that,he received a call congratulating him on his: pointment. He received a survey from them and would like some Council direction as to what he should do41th it. Councilmember Awada Indicated she heard they are considering changing their fee;steucture tot cities:.;She suggested Councilmember Hunter hold on to the survey to see what happens e:fe Wctiir• ;li�i a future. Councilmember Wachter stated he doesn't feel it is appropriate to be lobbyineti ikt iiiitti riiiirritieis on this. Discussion followed. • Catherine Pickrell,4745 Bristol Boulevard,thanked Director of Public Works Colbert and Administrator Hedges,who have been very attentive to their concerns about safety in the Weston Hills area. She Indicated EAGAN CITY COUNCIL MINUTES;NOVEMBER 21,19�l5:�:��:;�;:':':::':':'�'��:':'.�::':'.'•:; :: :�• PAGE 10 • that since September 5th, they have taken many avenues and:.bQpn told many different things to get their children safely to the school and other areal 3iithe neighborhoidr•`She wanted to know what the next step should be or when it is anticipated these stop'$igtie;will:.t .p 1p 'Administrator Hedges noted that after the meeting with the neighborhood; it was his underst ti d i *Vifte neighborhood would decide as a group on what they wanted as a permanent solution. They were gNen the petition forms,and after being submitted the city would work with them toward a permanent solution. He noted that a petition for stop signs has been received. Director of Public Works Colbert responded that it will be at least 30 days to complete the necessary field studies and analysis. Counciimember Awada noted that stop signs need to be installed properly or they will be ignored and it will create more of a ha aid;::::acrid fnembet:Hunter concurred, noting that stop signs cannot be taken lightly. They need to be studildd,::: idera'blo; lscussion followed concerning the process for sidewalks and stop signs,the petitioning process, epic#the padding problem in that neighborhood. Director of Public Works Colbert reviewed the policy for sidewalks are:indicated there have been cases where neighborhoods have worked with builders and develpj is and tlaa.dtty for a combination of participation. The Parks Department has the jurisdiction over the:.iFlS if tip .and::'*intenance of sidewalks and traitways. He indicated to that neighborhood that they shpllIcl s ibmit aa:pstitleit to the Advisory Parks, Recreation&Natural Resources Commission to review whether It qualities 8g'a parks trail to a neighborhood park. Their recommendation, with or without city participation,would be forwarded to the City Council for consideration. He also suggested that the neighborhood try to solicit support from the school district for part of their walker program. He is willing to work with the neighborhood to get that process going. Counciimember Awada asked about a crosswalk in that area. Administrator Hedges noted there is a crosswalk painted, however,with the school now busing the children,they will nit:itsr>g.Qr fund the crosswalk guard. Councilmember Awada asked about school zone signs. Director of Publi ;YSCoi'c0:.c.olbert indicated they are limited to school property. Discussion followed concerning the temporary imteastltes:that:have been taken to alleviate the situation, and the temporary parking restrictions in the area. Director of'Publlc Works Colbert Indicated that he will do his best to get this analysis done as soon as possl4.; however;:thti .;are in the process of moving their offices back to the Municipal Center,and access to records:will be.Ilitifted If the Council wants this on the December 21 agenda, it may present an, overtime sttgaiitit. for this survey crews, who are trying to finish projects. Counciimember Wachter expressed a conc�frrttiat there are many other projects that need attention as well. Mayor Egan concurred,and stated that staff and the Council will work as quickly as possible to try to get this resolved. Administrator Hedges gave an upda i a o l Council policy handbook and reminded Council members about the Chamber of Commerce.'hbliid'ay awards luncheon and grand opening of the Municipal Center. Councilmember Wachter pointed out a recerit Setter to t :editor in the St. Paul Pioneer Press about the airport. He also asked about a city police officer who had equipment stored on his property. This equipment should have been removed last Spring and nothing has been done. Counciimember Awada asked about the Small Business Association request to fax agendas. Councilmember Wachter noted'that they are requesting to get this Information sooner than the Council even gets it. Administrator Hedges indicated the agendas for regulieetings are being faxed to them on Friday afternoons. He also noted that the move will be completed in*f.iii .next couple of weeks and anticipates that E-Mail will probably be on line Sometime after.thlr.fi :QMeyear. • Mayor Egan reported on a meeting offhie tiiietroposlftah Mk yors Group that was formed by Kurt Johnson, • chair of the Metropolitan Council. He also indicated how plea ;he was with the way the business reachout meetings went, and commended staff for being available to;answer questions. Counciimember Wachter concurred, and suggested these meetings be ongoing. Councilmember Masin reported on the Suburban Transportation Organization meeting she attended. • • ..• • EAGAN CITY COUNCIL MINUTES;NOVEMBER 21, • PAGE 11 ••••••••• ••••" Counclimember Hunter noted that regarding improving.pe notification process, some of the Items . mentioned at the business outreach meetinf**9re posting.Aititi$:on property proposed for development; expanding the notification list; and publishing::MikpsickpAOS::::§rproperty on agendas In addition to legal descriptions. • PIPKEEZUSIta • • • Wachter moved, Egan seconded a motion to approve the checklist dated November 16, 1995 In the amount of 61,997,808.14. Aye: 5 Nay: 0 • •••••••"*" PjggiOljggi • The meeting adjourned at 1045 p.m.to an gii4Outive sess3on. • DLP 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, E4dank.MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). • •....:.:...::•:•:•:•••:•:•••••• The City of Eagan Is committed to the policy that 811:000.7)?:hgve equal access to Its programs, services, activities,facilities and employment without regeuftio.race,ailoi,.crped,religion,national origin,sex,disability, age, marital status or status with regard to public assistance • • :•:•:::: - •:•:•:•: •:•:•:•:. • • • • . . • • • • :.EXIT • •: ::::. • 1. 96 Renewal OF7?=SALE LIQUOR Applebaum Companies, Inc. dba Big Top Wines & Spirits Mike Buckman, Manager 3900 Beau D'Rue Dr. Eagan, MN 55122 Perrier & Associates, Inc. dba Great Northern Spirits • David Perrier, Owner •1960 Cliff Lake Rd. • Eagan, MN 55122 Liquor Shoppe, Inc. o±: E4garr•. dba Liquor Shoppe of Eagan'' Marina Gorina, Owner 4250 Lexington Ave. So. Eagan, MN 55122 Spirits of Eagan, Ind':'; dba MGM Warehouse John Teslaw, Partner 4182 Pilot Knob Rd. • • Eagan, MN 55122 Sidco, Inc. dba Big Top Wines & Spirits:: Tim Martin, Manager 1282 Town Centre Dr. Eagan, MN 55123 Blackhawk Liquors, Inc. dba Blackhawk Liquor Asmita Patel, Owner 4130 Blackhawk Rd. #100 Eagan, MN 55122 • • • • • • • • 1i6 RENEWALS O +NALE_ LIOUO�. Al Bakers Eagan Airport Hotel Assoc. Al Baker Holiday Inn 3434 Washington Dr. Eagan, MN 55122 2700 Pilot Knob Rd. 454-9000 Eagan, MN 55121 454-3434 Apple America Ltd. Ptnshp. of 'MN' ' ' • Appl bee's Neighborhood Cuz, Inc. Bar it Grill LaFonda de los lobos Otis Trujillo, Owner 1335 Town Centre Dr. 3665 Sibley Memorial Hwy. Eagan, MN 55123 "' Eagan, MN 55122 686-7022 452-0334 Cedarvale Bowl, Inc. Mediterranean Cruis Cedarvale Lanes/Fitz's. Bar & Grill Hussein Ansari, Own r Micha 1 Henke, Mgr. 3945 Sibley Memorial Hwy. • 3883 Beau D'Rue Dr. Eagan, MN 55122 . Eagan, MN 55122 452-5991 452-7520 West Jersey Associates, Inc. • Casper's Cherokee Sirloin Richards Room, Eagan, Inc. Joyce Slattery, Own r Cherokee Sirloin Room 4185 So. Robert Tr. Richard Casper, Owner Eagan, MN 55123 4625 Nicols Rd. 452-3061 Eagan, MN 55122 454-6744 Hall & Convention C nt r, Inc. Royal Cliff Chili's of Minnesota, Inc. Brian Mangine, Owner Chili's Southwest Bar & Grill """ 2280 Cliff Rd. Eagan, MN 55122 3625 Pilot Knob Rd. 895-1174 Eagan, MN 55122 • 686-5152 Starks I, Inc. Starks Saloon Cliff Corporation Gary Stark, Owner . J. Doolittles 3125 Dodd Rd. Lynn Reimer, owner • Eagan, MN 55121 2140 Cliff Rd. 454-8251 Eagan, MN 55122 452-6627 Latt, Inc. Valley Lounge Rock Bottom Restaurants, Inc. James Tousignant, Owner Old Chicago Pizza 3385 Sibley •Memorial Hwy. 1312 Town Center Dr. _ Eagan, MN 55122- Eagan, MN 55123 454-2760 688-0882 • • • • 1996 RENEWALS pN-SALE LIOUOR (Cont.) Marriott Management Services4: Riv r Park • • 3400 Yankee Drive Eagan, MN 55122 • 456-6097 • • • • • 9 Spur, Inc. Lost Spur Country Club 2750 Sibley Memorial Hwy. Eagan, MN 55121 454-2330 • • • • • • 096 RENEWALS: :•.• 3T LICENSE :::' Chungs, Inc. Diamond T Ranch, Inc. dba Anna Chungs Restaurant dba Diamond T Ranch 1960 Cliff Lake Rd. Suite 116 4889 Pilot Knob Rd. Eagan, MN 55122 ;Eagan, MN 55122 454-8543 54-1464• • • Apples Plus, Inc. :::•hung Wong, Inc. dba Apples ti :dba Hong Wong Restaurant Pat Boland, Owner :2139 Cliff Rd. 1260 Town Centre Dr. Eagan, MN 55122 Eagan, MN 55123 452-0086 683-9195 FHF, Inc. Fratelli Tre, Inc. dba Hunan Garden dba Carbone's Pizzeria 1304 Town Centre Dr. 1665 Yankee Doodle Rd. Eagan, MN 55123 Eagan, MN 55122 452-0905 452-6000 James A. Basta dba Italian Pie Shoppe/Winery 1438 Yankee Doodle Rd. Eagan, MN 55122 452-4525 Young T. Lim Village House II, Inc. • • Hoban Korean Restaurant Que Viet 1989 Silver Bell Rd. :Tony Bui, Owner Eagan, MN 55122 ::1272 Town Centre Dr. 688-3447 ••••• . :.Eagan, MN 55123 • • • • • 452-5618 • b" :'996 RENEWALS *Also has wine license ;:;pN-SALE BEER "Also has strong beer license • • - � Burger Chungs, Inc.** Q Nancy Bur Bur Rieser,Owner dba Anna Chungs • 1428 Yankee Doodle Rd. 1960 Cliff lake Rd. x'116 Eagan. MN 55122 Eagan,MN 55122 688-0696 454-8543 :::e*iii g:. : -: ;: Apples Plus,Inc" • dba Hong .ong ResO nt Village House 11* dba Apples Restaurant 2139 Cliff:Rd. 1272 Town Centre 1260 Town Centre Dr. Eagan.. I: :b5122 1272 T w Centre 55123 Eagan, MN 55123 i:0:.4.606'2-oOa' 452-5018 683-9145 ** dba Inc. West End Hunting Club dba Hunan Garden • 1304 Town Centre Dr. • Mark Steinhoff Eagan, MN 55123 535 Gun Club Rd. :•:.:4P-0905 Rosemount,MN 55068 423-2429 ••rai'i''' a ` t' ' Hoban Korean* Fratelli Tre, Inc." dba.Italia'n'Piioppe/Winery dba Carbone's Pizzeria 1436 'ankee Dggckg Restaurant Eagi is:: ::::551 2 Young T.Lim 1665 Yankee Doodle Rd. ��4 :;;;.;::••• 1989 Silver Bell Eagan,MN 55122 '''• 2 Eagan, MN 55122 452-6000 ' Parkview Golf Club 688-3447 Carriage Hills Country Club Don Larsen, Owner William Smith, Owner 1310 Cliff Rd. • 3535 Wescott Hills Dr. Eagan, MN 55123 • Eagan, MN 55123 .:....452759.4........... . .•.•.•:.:•.•. 452-7211 • •:::.::::i*.:::: . :i5iccoio s: Davanni's, Inc. Patricia Boudreau dba Davanni's Pizza/Hot Hoagies 4162 PiliAiKnob Rd 1960 Cliff Lake Rd. Eagan, M O.:;55122 Eagan, MN 55122 454-1212 688-6111 . Diamond T.Ranch Inc.* Pizza Hut of America, Inc. dba Diamond T Ranch dba Pizza Hut f 40102 4889 Pilot Knob Rd. 2130 Cliff Rd. Eagan,MN 55122 Eagan,MN 55122 • 454-1464 4 :"' 088:: Dragon Palace Restaurant . Pima But of Aiinerica,Inc. ; : •Lee Fo Len. Owner • dba Pizza Hut j4(l0 3. . 1466 Yankee Doodle Rd. 1325 Town Centre#It'<:: . Eagan, MN 55122 Eagan, MN 55123 454-4493 688- . • i 19'9 6 RENEWALS ' Ott SALE BEE�t Superamerica Group • Brooks Superette #43 dba Superamerica #4049• 3390 Coachman Rd. 4200 Sibley Mem Hwy Eagan, MN 55121 Burnsville, MN 55337 • 688-2001 #4182 Superamerica Sup r Valu Holdings, Inc. 1406 Yankee Doodle Rd.• dba CUB Foods Eagan, MN 55122 . 1940 Cliff Lake Rd. .*:.:::*, ::::::: 452-9853 Eagan, MN 55122 454-4606 •. Sup #4464 Superamerica Crown CoCo, Inc. 2250 Cliff Rd. dba Eagan E-Z Stop Eagan, MN 55122 4195 Nicols Rd. Eagan, MN 55122 Superamerica #4335 452-9309 1379 Town Centre Dr. Eagan, MN 55123 • Holiday Stationstore, Inc. 688-2870 . dba Holiday Stationstore #232 4595 Nicols Rd. Tom Thumb #259 Eagan, MN 55122 2125 Cliff Rd. Holiday Stationstore, Inc. Eagan, MN 55122 dba Holiday Stationstore #247 454-4868 3615 Pilot Knob Rd. Tom Thumb #273 Eagan, MN 55122 1815 Diffley Rd. McG's Eagan, MN 55122 William McGuire 688-8614 1969 Silver Bell Rd. Tom Thumb #166 Eagan, MN 55122 1446 Yankee Doodle Rd. PDQ Food Stores of MN, Inc. Eagan, MN ,55122 dba PDQ 4214 452-4874 4198 Pilot Knob Rd. Total Mart 452-5846 Eagan, MN 55122 2000 Rahncliff • Eagan, MN 55122 Fleming Companies, Inc. ::::::::: 452-1632 . dba Rainbow Foods, Inc. 1276 Town Centre Dr. Twin Cities Stores, Inc. 4594 Eagan, MN 55123 1286 Lone Oak Rd. 452-9506 ' - Twin Cities• Stores #576 • 3150 Dodd Road ' • Cedarvale Texaco Food Mkt Twin Cities Stores #590 3830 Sibley Memorial Highway ' 4250 Lexington Av S. Eagan, MN 55122 681-1488 Eagan, MN 55123 - .. _ .- Agenda Information Memo December 5, 1995 Eagan City Council Meeting • The items referred to as the consent agenda require one(1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail,those items should be removed from the Consent Agenda and placed under New Business Old or unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Parks Maintenance Supervisor— ACTION TO BE CONSIDERED: To approve the hiring of Steve Taylor as the Parks Maintenance Supervisor. Item 2. Part-Time Seasonal Winter Recreation Leaders— ACTION TO BE CONSIDERED: To approve the hiring of Greg Martin, Kent Knutson, Ray Sperl, Eric Hansen, Jason Schwamb, Mark Cleare, Laura Hampton, Shane Johnson, Jason Lay, Ben Koenke, Jenny Nelson, Michael Kremenak,Jennifer Ervasti,Mindy DeBates,Nathan Hauenstein,Troy Johnson,Jason Ponsonby, and Allison Johnson as part-time seasonal Winter Recreation Leaders. • • • Agenda Information Memo December 5, 1995 Eagan City Council Meeting , B. PLUMBERS LICENSES ACTION TO BE CONSIDERED: To approve the plumbers' licenses for Bradley Plumbing, Penn Plumbing and R T P Plumbing. BACKGROUND: These applications are in order for consideration by the Council at this time. • • • • Agenda Information Memo December 5, 1995 Eagan City Council Meeting C. APPROVE POLICY FOR ADDITIONS/DECKS IN EXISTING TOWNIIOMES ACTION TO BE CONSIDERED: - T adopt the policy for additions/decks in existing townhomes as presented. FACTS: • The City Council directed staff to develop a policy relative to the.City's role with respect to the construction of building additions which may encroach in the common area of townhome associations. ATTACHMENTS: • Draft policy on pages 7 through g . • • CITY OF EAGAN POLICY FOR ADDITIONS/DECKS IN EXISTING TOWNHOMES BACKGROUND AND PURPOSE • . Over the years numerous decks and additions have been constructed over property lines in the Thomas Lake Heights and Thomas Lake Heights 2nd Additions. • The Uniform Building Code requires a one-hour wall on each side of a property line when the wall is within three feet of the property line for townhomes. This code requirement is in place to protect neighbors from sustaining damage due to a fire in an adjacent unit. • These buildings were platted with property lines within two feet of the foundation of the main buildings. Our platting and subdivision requirements have changed to anticipate future additions while staying within the property lines. BASIS FOR POLICY Buildings over property lines would not cause additional safety concerns to the users. The danger level is 1:he same for those buildings constructed over property lines as buildings constructed a certain distance from property lines. Implementation of this policy would allow the required separation between adjoining units to remain in effect. POLICY STATEMENT • It is a policy of the City of Eagan to allow additions and decks to townhouses existing as of November 21, 1995 to be built over the property lines that are parallel to the individual units provided. 1. 10' is maintained to any separate building. 2. The occupant must be part owner in the common property to which the addition or deck is built into. • 3. A letter of approval from the Homeowners Association for the proposed plans must be submitted with the building permit application. • RESPONSIBILITY The Protective Inspections Division is responsible for the review and inspection of building permit applications. AUTHORIZATION - This policy was authorized by the Mayor and City Councilmembers on , 1995. - APPROVED: DATE: • • townhou.pol ff . • Agenda Information Memo December 5, 1995 D. CONTRACT 95-15.WELL#19 ACTION TO BE CONSIDERED:To receive the bids and award Contract 95-15 (Well#19)to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On November 6,the City Council approved the plans and specifications for the development of deep Well#19 located on the east side of Thomas Lake Road near the entrance to the elementary school and authorize the advertisement for competitive bids. • At 10:30 a.m. on December 1, formal bids were received for this contract. Then enclosed bid tabulation shows the relationship of the apparent low bidder to the engineer's estimate. • An informational neighborhood meeting was held on Thursday,November 28. • The easements necessary for the development of this well are being presented to the ISD#196 School Board on December 11. ATTACHMENTS: • Bid tabulation, page /0 . • Informational meeting notice and graphic showing location of mailing list, pages /1 and • utes of information meetin pages /3 . • Sketch of site plan, page f y . 612 636 1311 12-01-1995 12:22PM FROM BONESTROO " ASSOC 612 636 1311 P. 2 • • EAGAN,MN DEEP WELL NO. 19 CITY CONTRACT NO. 95-15 PROJECT NO. 696 FILE 49571 ENGINEERS ESTIMATE: $ 140,000 PRELIMINARY REPORT$ 147,050 BID DATE: DECEMBER 1,1995 BID TIME: 10:30 A.M. CONTRACTORS TOTAL BASE BID 1. LAYNE MN 140,495.00 2. E. H. RENNER&SONS 139,300.00 3. KEY WELLS 164,650.00 4.ALBERG WATER SENVICES 5. BERGERSON -CASWELL 153,975.00 Low Bid ($139.300) Report ($147,050) • -5.5% Engineers Estimate ($140,000) -0.5% I:aucn'reocptlbidlisc • • • • NOVEMBER 17, 1995 RE: INFORMATIONAL MEETING CITY PROJECT NO. 696 WELL NO. 19 IMPROVEMENTS • Dear Property Owner. • A Public information Meeting will be held on Tuesday,November 28, 1995 at 5:30 p.m. at the Eagan Maintenance Facility located at 3501 Coachman Point. A new well and water pumping facility is proposed on the east side of Thomas Lake Road, just south of the Thomas Lake School parking lot. This well is being developed in accordance with the Utility Division Comprehensive Plan. The well is necessary for increased population and development projections. A map is attached to this notice showing the proposed well and surrounding properties that may be affected by the work. The bulk of the work is proposed to take place during the winter months, from mid-December, 1995, through March, 1996. During this period the well will be drilled to a depth of approximately 500 feet. General construction noises unique to well development can be expected during normal working hours,Monday through Friday. The noises include drilling,driving pipe, air surging, diesel engines,and ground vibrations from dynamite detonated deep below the surface. It is anticipated that final completion of the project will occur in June, 1996. Water main installation,testing,sod restoration, and clean-up will take place between March and June, 1996. Complete details of all the proposed improvements will be discussed at the meeting on Tuesday night. It should be noted that all costs for this water supply facility will be paid through Eagan's Water Utility Capital Improvement Fund. No assessments are required for this project. We want you to be aware of the proposed construction and unique activities associated with new well development. The work represents no danger and should cause minimum inconvenience. Fencing and other precautions will be taken to keep children away from the construction site, and we ask all parents to remind their child to stay away from the construction. If you have any questions or need additional information,please contact the Public Works Maintenance and Operations Facility at 681-4300. - Sincerely, _ _� Wayne Schwanz Superintendent of Utilities WS/nab - - Attachment • 1120b1wih/9.321 f 1 • • • • 1 ‘%: ‘ Son Covrt . 1 es?,:i . 0 Izs aso •. i lir Seale in Mel 3 eE3 ES . Ea ES 441f0 : ' 14 @p for 4C. P Owl al Si 83 �• - - - . . • •� 4 C• <%), /251 tip �� a . • 6E33 ALIIIII, -52 ED s., -s?:, .......- -..- /49 ., .....:::--...r7 i ." Tho:Is •69 ES 69 cIP . �'��`'�=--� Lake ai ElemIntary , X"9-t�.. �,`.� , �1 Scho I i • 1 1 - - �' ' •. WELL No. >9• . r i LOVAT/ON - • Northern States Power •Comocrnv EasemPn - - -�� . YA TER MA/ •1 '' Li s ao $P1.53° i F •, /‹.----1. • _ I i 1 4■40144372vmprueuTO.OWC , • ic)-- • • November 28, 1995 -5:30 P.M. Neighborhood Informational Meeting Deep Well No. 19 City Contract No. 95-15 City Project No. 696 Attendance Sign-Up: City Representatives- Wayne Schwanz-Superintendent of Utilities-City of Eagan - Dick Foster-Bonestroo,Rosene and Anderlik Mark Hansen-Bonestroo,Rosene and Anderlik Steve Hansen-District 196 School District 14445 Diamond Path Rosemount,MN 55068 Minutes of Meeting: • The school district representative requested information on noise related to development. Dick Foster of Bonestroo,Rosene and Anderlik and Associates presented a detailed account of well drilling and development. No other visitors attended. • Wayne Schwanz-Superintendent of Utilities • • I:\2pm\We1119335 • • r- n ". 7,--_ :- 47' t; / - ----.•tx•:,-4 ::•;:c..ri.:It.-• ' . . \• . \ \ / 4 ;, ...: 111‘. / x • 8 i k . 4 -----■K---ar--' . . / . a 1.4 e 4, .1. if/ 1 tl / re ..: § ii „ tp: 0 / g. r 11 / ... 5,, n g / / ;1•4 ■ : , . a r \ 4 .._.... 41 ( 0 , . / It, /*/14 ,. . __. • ... ,t , \\\ ..,, . / it. 41) . :.l I* 2 ... , iiii ,:s.„_ ,# v .••••.•. • ... /A4 (.1 . . ., , ... .V.• . .. ' IV -9'.... .... -.. , e• ,-- -4th, ,,„.. id 0, ,...- P i , . ,,.741) t4. sla E 1 , ,,, 1,..• ••:::11 : , , • ..... 1 -„, ,, cr., -• 9 i• N, %••■ ' V 1 ..• Ns ift, ,z•.,... .t— A ‘ t ( s. ‘%.. . VII t %\ '`. .., ige 1 tiz\ 7.,, . % 1„,, r„• /..\\ *. .‘%.% ■ li.,. ■ a 1 , a . . , Ng bi 1 ..-...!\ , A, '.. , Ez e•••\ • fi . le il ... V ':.'•••`... fi g bg i i 1 -., • ••• ., ..,,,,. 1111 1 d , 1 \.'• :..\ ., \:.:i.. .•,, - '''',. ....... /://„..•—.\ 1 1 ... , I I r Nst.':,-..\ ,,,' . • /15‘, ., /' .... . I , \:•:‘...!\ . • •4.—.'....•.4.: . ' .1.'!:\ • itil*y •-, \.:•"......'.;4:7.:':;"I.:A \ / ■ / r• . .1 • • / • •,,,.. • / \- • 2 4 1 \;:....:.......:,..,....:::.:...... ...% . / , \ — • , , , •'s;...:::!•••;:;... .,7 .:.:.. ..-.:.:\ / \ \ ,._,:, \-,A4i y i , , \ • ( , , ,_/ y \ ( 1 , .....,,4 i 4 1 i . :."......''.::.\ : % . ■ v,:.•;..*.l. ...! ..:: •■■•.%•:ss \ 1 \ 1 1 ‘..,:st•;.'.,•:■':.'.,..4... .:.,....".;. Z \ V...--4 \ • % I 41 % ...,..• •,. • '.. , .„ \ 1E \ . ,..,... , \ , , i . (' \ . l'. 1 I \s...., !, , \ A .t• N rl ,;,., . • \..•• •\ ik • 1 . \ .1 •\D \ ..:7\ • ( ' '. \ 1 ) ; ... 8 \• •ti. : . . il . % %< \F° \ ....4-% \ / ‘‘ ' \ \ ' !:.1X - \ %, ■ \ ,, \ \ —% % \ V' .. •'‘. • ■ ( .- \ . ."‘ . \ 1 . ..t.1 . \ ■ • t ■ '''',■.:::N \ -. --iji. -c: •-,,t/ i\ % % , . \ . ''.:.•!A \ \ • ■ - - . '// \- \ .07<\ . - I - . . \ % \ :•,,•:‘ •• •• ■ / \.t•- .....,, \ . -....?:;\ \ / , •■ ," \ A \ , ;,..":•....N. / \%. . 44 \ \. \:.!•••%, , . ..\ ,:s \ •:.:.; ./ \ .. ■ % -- 1 .7-= „s, *.\ • .., • v.:...\, I . ...,---.—. ‘ %\ s., ••• \ \ .-••: \I . . X ( ‘ , \ . ., • '•\‘,. , •\... ....\ . \ ••, - .. .,.... , I • \%„ . .s. ....,,,,, \ iz ■ ' . A • \, . \ ' \ -.0......— . ..,. „ `• \ ...„ . \ ‘ . • 5 /% . \' ••., , NN \ 1 .1 1:.. • \\ k ( i \ ..„. \ \ • • 1. ■ ;t3 \ \ ■ \- .. \\ ' .. \ ‘..../.. 4 .., .,.. .... \. N\ , . ..., , . • , . ..... . . . .. % . , ,..., \ ‘, .., , \, \ \ \ ( \ \ . . . . . . i • Agenda Information Memo December 5,1995 L_CONTRACT 96-03.WELL NO. 19 PUMPING FACILITIES ACTION TO BE CONSIDERED: To approve the plans for Contract 96-03 (Well No. 19 - Pumping Facilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., December 21, 1995. FACTS: • A contract to dig Well No. 19 is scheduled for consideration of Council award on December 5. • The related pumping equipment, control panels,transmission mains, etc., are the second phase of this overall project. • • AS • Agenda Infromation Memo December 5, 1995 Eagan City Council Meeting F. FINDINGS OF FACT ON DENIAL OF CONDITIONAL USE PERMIT FOR HOOVESTOL, INC. • • • ACTION TO BE CONSIDERED: ► To approve a resolution denying a request by Hoovestol, Inca for a Conditional Use Permit to allow a truck terminal together with secondary sales and services; and a Conditional. Use Permit to allow on-site fuel storage on lots 17 through 24, Block 2, Eagandale Center Industrial Park No. 4. • FACTS: • The City Council reviewed Hoovestol,Inc.'s request for conditional use permits to allow a truck terminal together with secondary sales and services; and to allow fuel storage on site on lots 17 through 24 Block 2 Eagandale Center Industrial Park No. 4. at its regular meeting on November 6, 1995. • The City Council.recommended denial of the requested conditional use permits due to concerns about the intensity of the proposed use and potential incompatibility with surrounding residential development. The City Council directed staff to prepare findings. Eit — 1 7 - 1 • • /CO • • 612 432 3789 SENT BY: 12- 1-95 ; 9:44AM ; SEVERSON SHELDON-, 681 4694;# 2/ 4 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan.,Dakota County,Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob,in said City on December 7, 1995,at 6:30 p.m. The following members were present: Councilmembers Wachter,Awada,Masin,Hunter and Mayor Egan. * * * • • -* • • - • * * * * introduced the following resolution and moved its adoption: CITY OF EAGAN RESOLUTION DENYING HOOVESTAL, INC.'S CONDITIONAL USE PERMIT TO ALLOW A TRUCK TERMINAL TOGETHER WITH SECONDARY SALES AND SERVICE; AND A CONDITIONAL USE PERMIT TO ALLOW FUEL STORAGE ON SITE ON LOTS 17 THROUGH 24 BLOCK 2 EAGANDALE CENTER INDUSTRIAL PARK NO. 4. WHEREAS,the Advisory Planning Commission of the City of Eagan held a public hearing on this matter on October 24, 1995. The Advisory Planning Commission recommended approval of the application(with conditions)at its October 24, 1995 meeting. WHEREAS,the application was then beard by the Eagan City Council on November 6, 1995.At the November 6, 1995 City Council meeting,the Council heard from interested parties and considered the matter in conjunction with all of the files,records and prior proceedings, all of which constitute the record in this matter. NOW THEREFORE,BE IT RESOLVED: 1. That the application of Hoovestal,Inc. for conditional use permit to allow a truck terminal and secondary sales and service;and a conditional use permit to allow fuel storage on site on Lots 17 through 24 Block 2 Eagandale Center Industrial Park No. 4,is hereby denied based upon the following: 1.The Applicant has the burden to establish compliance with City Code provisions and comprehensive plan provisions. 2. At the public;hearing and before the City Council,information was presented which indicates that this proposal causes lowering of the air quality due to increased truck traffic;an increase in safety concerns by reason of additional truck l 612 432 3780 _- . SENT BY: 12- 1-95 ; 9:44AM ; SEVERSON SHELDON-. 681 4694;# 3/ 4 traffic;a reduction in adjacent property values;an intense 24 hour per day operation; a use that is not harmonious with the existing residential neighborhood; - a lack of appropriate or adequate noise and light barriers;and an increase in adverse odors from the truck traffic. 3. Increased truck and trailer traffic raises legitimate and significant safety concerns. 4. An increase in exhaust fumes will cause adverse odors and lower air quality and are detrimental to the health, safety and welfare of residents of the adjacent residential neighborhoods. . 5. The increased truck traffic,increased noise,increased glare from the lighting, increased adverse odors and the 24 hour per day operation of the business are excessive and will cause increased congestion in the area. 6. The increased truck traffic,increased noise,increased glare from the lighting, increased adverse odors and the 24 hour per day operation of the business are excessive and will diminish the market value of adjacent property according to the information supplied by the adjacent residents. 7. Because of the issues and problems which are cited above,the Applicant's proposal is not a benefit to the surrounding area or to the community at large. 8. That the proposed use would have a negative impact and change the essential character of the adjacent residential neighborhoods. Based on the foregoing,the City Council of the City of Eagan finds that the Applicant has not met its burden of persuasion and the Application is hereby denied. ADOPTED by the Council this day of , 1995. The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon,the following voted in favor: *;and the following voted against the same:none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. • • 2 • • 612 432 3780 SENT BY: 12- 1-95 ; 9:44AM ; SEVERSON SHELDON-+ 681 4694# 4/ 4 CITY OF EAGAN Thomas A. Egan,Mayor ATTEST: • E.J. VanOverbeke,City Clerk • (7 3 • Agenda Information Memo - December 5, 1995 G. AWARD OF CONTRACT - SCHWANZ LAKE PHASE II CAPITAL IMPROVEMENTS ACTION TO BE CONSIDERED: ' To award contract to the lowest responsible bidder for construction of the Hay Lake Extension and south bay modifications as Identified in the Schwanz Lake Phase H grant contract. FACTS: The bid opening for this capital improvements project is scheduled for Friday, December 1, 1995. A bid tabulation will be compiled as will a recommendation regarding which contractor to award the contract to. This project would complete the Phase H capital improvements outlined in the plan to improve water quality in Schwanz Lake. The bid tabulation and recommendation for award of contract will be distributed at or just prior to the December 5, 1995 City Council meeting. Agenda Information Memo December 5, 1995 Eagan City Council Meeting H. APPROVE INDEPENDENT AUDITORS FOR 1995, 1996 AND 1997 ACTION TO BE CONSIDERED: To approve the City's independent auditor for the years ending December 31, 1995, 1996 and 1997 upon the recommendation of the City Administrator, Director of Finance and Assistant Director of Finance. FACTS: ■ The City's current policy requires the City to solicit for auditing services through a formal RFP process. • The term of the engagement is for three years with the provision that the engagement can be continued annually for up to three additional years with City - Council approval. ■ The City's current auditing firm, Deloitte and Touche has recently completed their 12th year through this process. • Earlier this fall, RFP's were prepared and sent to nine firms along with published notice in the legal newspaper. • Six firms responded with proposals and four were selected to be interviewed by the City Administrator, Director of Finance and Assistant Director of Finance. ■ The first two interviews were held on Friday, December 1, 1995 and the remaining two are scheduled for Monday, December 4, 1995. Deloitte and Touche will be interviewed on Monday. • The staff recommendation will be provided with the Additional Information on Monday. a • • Agenda Information Memo - December 5, 1995 I. 1995 BUDGET ADJUSTMENT - HOLZ FARM ROOF REPAIR • ACTION TO BE CONSIDERED: .. To approve an adjustment to the Parks and Recreation 1995 operational budget, not - to exceed $15,000+ $3,500 for contingencies,for repair of the Holz Farm house roof. FACTS: . • Inspection of the Holz Farm buildings by the City's building inspector recommended replacement of the house roof. « Inspection by SEH confirmed water damage on the upstairs ceilings. The consultants recommendation is roof replacement. « The Holz Farm Task Force recommended replacement with cedar shingles to attain authenticity for the planned for historical period. « The longevity of cedar shingles approaches twice that of asphalt shingles. « The low quote from Horizon Roofing is for$9,620.00 to replace the roof with cedar shingles. « The Parks, Recreation and Natural Resources Commission recommended that the City Council authorize an expenditure not to exceed .$15,000 plus $3,500 for contingencies to repair the Holz Farm house roof with cedar shingles. c The Parks and Recreation Department FY 1995 budget may be the appropriate source for funding this project in that 1. Revenues have exceeded expectations by some $40,000. 2. Due to several position vacancies during FY 1995, the salary line item exceeds what will actually be spent at year end. • CS\Budgec.« • • Agenda Information Memo December 5, 1995 Eagan City Council Meeting gatigrxwiw A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1996 ACTION TO BE CONSIDERED: 1. To close the public hearing and set the levy and budget considerations for action at the December 19, 1995 meeting OR 2. Continue the public hearing to 7:00 p.m. Wednesday, December 13, 1995 (Continuation date must be announced if the hearing is continued) FACTS: • The city is required by state law to hold this truth in taxation public hearing to consider the 1996 payable tax levy and the 1996 budget. • Parcel specific notices showing the comparison of actual 1995 taxes to projected 1996 taxes have been sent to each property owner in the city. • In addition to the mailed parcel specific notices, published notice is also required. Those notices which invite property owners to attend the public hearing have been published in the Eagan This Week,Eagan Sun Current and Dakota County Tribune. The legal requirement is for publication in a newspaper which is. circulated throughout the city. • The city's final levy and final budget cannot be adopted at the truth in taxation public hearing or at the continuation hearing if one is held. They must be adopted at a subsequent meeting which this year is a regular City Council meeting on December 19, 1995. • The city's tax capacity rate for the truth in taxation notices is 22.079 compared to the 1995 rate of 22.234 which was also the preliminary estimate for 1996. • The city has received no written or telephone responses to the notices of the hearing. • Staff is preparing handout material for the public hearing which can be used at the meeting or mailed to any interested property owners. ATTACHMENTS: - - Comparative summaries of revenues and expenditures are enclosed on pages c74 thru a3 96REVSUM - 11/29/95 • 1996 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES I 1994 I L 1995 I 1996 Actual. Budget Estimate General Property Taxes $ 8,754,716 $ 9,167,500 $ 10,251,700 Licenses 98,595 104,200 98,400 . Permits 934,911 689,100 611,600 Intergovernmental Revenues 1,732,434 1,959,500 1,916,500 Charges for Services 943,041 707,600 459,600 Recreation Charges . 311,768 275,100 294,600 Fines & Forfeits 154,958 150,000 200,000 Other Revenues 355,932 260,800 329,700 Program Revenues 923,450 838,200 770,200 Transfers 134.112 113.400 149.600 TOTAL GENERAL FUND $ 14.343.917 $ 14-265.400 $ 15.081.900 • • e-2 C./ • 96BUDEXP.WK4 11/29/95 1996 BUDGET GENERAL FUND --- _ COMPARATIVE SUMMARY OF EXPENDITURES I 1994 I ]• 1995 I 1 1996 I % Increase • Actual Budget Budget ' 5 to`96 • GENL GOVERNMENT 01 Mayor&Council $ 94,169 $ 94,700 $ 98,200 3.7% 02 Administration 546,772 563,600 616,900 . 9.5% 03 Data Processing 324,016 373,500 • 381,500 2.1% 05 Finance/City Clerk 842,602 847,900 - 890,600 5.0% 06 Legal 241,302 315,800 315,800 0.0% 07 Community Development 1,298,735 1,256,200 1,284,800 2.3% - 10 Cable TV 74.910 78.800 32.200 -59.1% Gen Govt Total 3.422.506 3,530.500 3.620.000 2.5% PUBLIC SAFETY 11 Police 4,709,532 . - 5,024,500 5,442,700 8.3% • 12 Fire 131108 851.000 888.500 4.4% Public Safety Total • 5.517.940 5.875.500 6.331.200 7.8% PUBLIC WORKS 21 Public Works Engineering 810,01 866,200 902,400 4.2% 22 Streets&Highways 859,530 966,800 .961,300 •�- -0.6% 24 Central Svces. Maint. 371.684 327.400 • 346.600 5.9% • Public Works Total • • 2.041.224 2.160.400 2.2t0.300 2.3% PARKS &RECREATION 31 Parks&Recreation 1,839,429 1,953,200 2,074,300 _ 6.2% 32 Forestry 176.292 181.300 191.400 5.6% Parks&Rec Total - 2.015.721 2.134.500 2.265.700 6.1% • GENL GOVT BLDG MAINT 33 Building Maintenance 0 366.300 455.600 . 24.4% • OTHER . 41 Contingency 0 198.200 199.100 0.5% Total Expenditures- • • General Fund • $12.997.391 $14.265.400 $15.081.900 5.7% • • • Agenda Information Memo December 5, 1995 B. VACATE FARM ROAD PUBLIC RIGHT-OF-WAY ACTION TO BE CONSIDERED:To close the public hearing and approve/deny the vacation of Farm Road right-of-way as described and authorize its recording at Dakota County. FACTS: • With the recent completion of the signalized intersection of TH 3 with Red Pine Lane,the City was required to close off the Farm Road access from Dodd Road to TH 3. The current intersection of Farm Road with TH 3 can remain as a private entrance to the existing commercial business. • A portion of the previously paved surface of Farm Road from TH 3 westerly towards Dodd Road • has been obliterated as a part of this closure requirement. • The remaining paved portion of Farm Road serves only one property,a duplex dwelling unit. • On November 6,the City Council received the staff initiated request to vacate Farm Road and scheduled a public hearing for December 5. All notices have been published in the legal newspaper and sent to all potentially affected property owners and/or interested utility companies. • The staff has received an objection to this proposed vacation from the currently affected homeowner and several comments from utility companies regarding the need to retain easements for existing and/or future facilities --the staff report addressing the issues associated with this proposed vacation is enclosed. ATTACHMENTS: • General location plan,page o7 7 . • Easement description and sketch site plans, pages—t? • Homeowner's objection,page 3b . • SwumAry staff report,pages* and To be sent out with administrative packet. • • • —II \\ L I CUi t..4 I I ROAD it • I DR. 2 HI. S � , rAL,AN/ �d 1 • l Ii I to) . 9 , � ��. �11 • AVM ,0 J! i ! P TR. , t v,, 1 Pp,FtK • •°DENS y EST0+1VI i ; c F/TZ' LAKE ) pir n At I w UV00♦ cc= NA �7LANfl0 u LN. ' < 1 Z,IHITE'1 . in ► C N ;,/c.i .L,Lii W _ 3 IW,n cc I m < 0 0 N„ z c ° II j ROAD li —sx< �Ia 120th ST. W. • I ROSEMOUNT • FARM ROAD LOCATION • • • • 1 - - - - - - _ _ city of eagan approved: , standard ^� ', PUBLIC plate # :P I (�°t-=` WORKS .` DE PARTME • - VACATION SKETCH FOR: r ' __ CITY OF EAGAN _ _ 's $- - rltrPesan,vaur.cw OrscRprteq .. i R t • J • tMt port.1 ram Ravi due/1led es Me sarfnrty 3300 feet erf Ma Nce2hhiot Goats, At brsOy telly feel Oil.betefa 04n i np.rl was _ M Mf Southeast Quarts/at S.et:an,,t, forrsly 25,Range 2,,OosaW Ceuely.Y..rnala,.. .. proceed by nor or undo.my ir.el supsnhiot end IS01 hill btt.tsn tlq aarttrtott w y.■tendons of the east and west tots.1 LN 1.iloelt 1. I.m•day Regtslo.e,land So veer under I.loss Stec HEX.eecxdi I.Ma rec..'N plot thereof.Deholo C.rtely,sli•ntsofa. of Me State of Weneeolo. O.t.e w 20th•oy M October .UISS S1AOC WO SiIIVtY21G,21C. . 1 ,K tFb.N H.S•.nsds.R.LS. Ie+.1.!us.ILL Sit 2•. LOI• 2 • ; 141-�V • ezi'0 _ IL n'r - � A n + + 1 1 .v I .: U . �If_�A1 f n n 1.-•r` - 040-03 L.V I �s • it. vv✓ ��l t\f' l ' L.L.LJvI\ .,• k e e e R $ e :,' •ks... • N. \\..33 Ater tatMa .^,S 1 n+ .•I e `'4.v.‘.Wog tit v►t h[r/•a 04 9 I t L pr tot stir r r H f/•Or stGK fh►JL t1tL1! �'t Uy'f 8) sotCear. 174 $0 v(� 1 tIrRtt.fr YIC.rn sAt er ar f Ur[aar 1 73 I 1 /..1-r 1 . t n L.V, 1 t.frrI f . or Or s 113-111 UP all.Ssl at 0•4101.3.4 . • 1 L:, • • VACATION SKETCH FOR: • CITY OF EAGAN PR[rPOSfI)Vat AM*DtStinPlf(M4 11 Thal ptel at T..nship Rood.also lrremn*1 Sum Rood,at e,dcoI,d Ile toothy er18y Mot M$Ibsich,pion r spurt.ea an the pot of DODD VIEW♦0051.05,occroirg to the warded plot papered by me r carder my d&eel s.prns■cn one Mot Meteor.001.1.County,slinnesal0 tying seolerly 01 Me soath.eslerty I om..u1y Rig otered Lone Sx.sy s w-0er the bee .a1MSl.n of IN west errs of 1.1.l.85x4 3.said DO.ID Vita sODIsWN et the Slate of srwnesolo. 1 u • Doled this 20th day of ,Octobr .1295 .$11110E Lao Sl/lvEYMC.SIC. Ce•50 H.5..nee.R.L.S. Si. Reg Ib 0417• LOT3 LOT2 T1nh , ___ / ' Ans`i + +\J� v •IIr_1KI r`VV • /.....) v +1- V� 1 r•\T: ^ 73 g. t nv�l. L.VI vl II ft. 0...I 1 1 : . V ., reli/s/git" . 4114ilkfftW /A/a ,.‘, : 1• 1 : •i • m (A.K.A. TOWNSHIP ROAD) n I '• • 33 r�1 r1r•I,, I —17�- . le L.L.'VvI ∎ 1 73 r I r1T I Q1.A..1 I 1 - • I 1 ^ 141\1 _ t ilf—t A! • 11$.Ill 1T1.t171LM get emus..beg 'UxC v; 1 . 1 ,I CAROL. s7nEE7 1 • • /j • /I I 1171!0003 SINN /nontxlaou I //• / I( «.« I ///// A.�� RW 3/02723510014 J / 2 0 72 10304 a 415 f / �`b • r � 1 IUUpp I vilkipu Liss, it / 4. /f/ ,t/ Aw --..., 1 ...........46...—. .- . .1 W // / 41/ • • / QI�/ 4 .. // / J 3002723510012 // / 1 ■ / OQ� ♦wu s�mtrr I ///// /1 C7 • / / / I / / 1 /I / / — g / I I // / / I �} 3102723310007 / o° F/'' 2 / , r 021_71 3 // / 310277JA00 O / .•2-0J 'I 7�� //I / - / / 0,-61 / ii, I/ FARM I I I ROAD 1 it I'.� • (� / / 237 M ( � " - - _,.� - ° ' f..- ___ - i , I GUN CL B fi"...11 / . 1 i .r ..... .... } s2 I I f — - , ___ ... )//// I II - I I I POND LP-23 / I w NWL = 925.3 I WI HWL = 930.0 2 I #...k 31102723570:05 1 1 \ 010-00 2 I Q • \ I • \ - 42)b . i 0 \ -,.. Z I 1 O I 1 a9 o Tim Waltman 675 Farm Road Eagan,MN 55123 322-2112 or 374-7010 • November 27, 1995 Engineering Department,City of Eagan 3830 Pilot Knob Road Eagan,MN 55122-1897 Dear City Engineering Department: Having just recently received your notification of the proposed vacation of the public easement/right-of- way,and also having recently purchased the home(duplex)at 673 and 675 Farm Road I am writing,as directed,to voice my concern over this proposition. I am not sure what this vacation specifically means,but I have a suspicion that it is not intended to benefit me,a new home owner and Eagan resident. I will definitely attend the public hearing on December 5 at 7:00 p.m.. If for any reason you would be interested in contacting me I can be reached at 374-7010 anytime. Thank you, • 30 / _ Agenda Information Memo December 5, 1995 Eagan City Council Meeting i A. RECONSIDERATION OF FINAL PLANNED DEVELOPMENT AND FINAL SUBDIVISION - SODERHOLM ADDITION ACTION TO BE CONSIDERED: ■ To reconsider approval or denial of the Final Planned Development and Final Subdivision for Soderholm Addition located on the northwest corner of Diffley Road and Lexington Avenue. FACTS: ► Soderholm Addition has been recorded at Dakota County. ISSUES: ■ See attached memo. BACKGROUND/ATTACHMENTS: (7) Staff memo, pages 37—through 3c/. Site plan, page�. Letter from Attorney Richard B.'Peterson, pages 34, through,3 Letter from Attorney Gary L. Gandrud, pages ((D through Memo from City Attorneys Office, pages 4(through C� Letter from Dave Vogt, pages C,throw h ?. Letter from Tri-Star Management, page (4 • • • MEMO _. city of eagan TO: MAYOR AND CITY COUNCILMEMBERS FROM: COMMUNITY DEVELOPMENT STAFF DATE: DECEMBER 1, 1995 SUBJECT: RECONSIDERATION OF APPROVALS FOR THE FINAL PLANNED DEVELOPMENT AND FINAL SUBDIVISION - SODERHOLM ADDITION Introduction At its meeting of November 21, 1995, the City Council agreed to reconsider its decision to approve the Final Planned Development and Final Subdivision for Soderholm Addition consisting of four lots and one outlot located at the northwest intersection of Diffley Road and Lexington Avenue with the following designated uses: Lot 1: Holiday Station Store and car wash Lot 2: McDonald's restaurant Lot 3: 10,800 sq. ft. retail building • Lot 4: medical clinic/urgent care facility - Background Prior to 1994, the proposed property had been a part of the Lexington South Planned D velopment designated as R-4(Multiple residential, 12+ units/acre). In 1988 and 1989, several attempts to rezone the property to Limited Business (LB) failed. The land use designation was changed to D-1 when the Comprehensive Guide Plan was amended in 1991 and 1992. In mid-1994, the City Council approved a request by Ray Connelly to amend the Comprehensive Guide Plan again from D-1 single family residential (0-3 units/acre) to Neighborhood Business (NB). In July 1995, the Advisory Planning Commission reviewed and recommended approval of the Preliminary Planned Development and the Preliminary Subdivision. At its August 15, 1995 City Council meeting, the City Council approved the Preliminary Planned So- Development and Preliminary Subdivision. On September 5, 1995, the City Council approved s veral modifications to the conditions of preliminary approval. On November 6, 1995, the City Council approved the Final Planned Development and Final Subdivision. • At the November 21, 1995 City Council meeting, Mr. Dick Peterson representing Dr. and Mrs. Florine requested the City Council to reconsider this item. The City Council agreed to reconsider its action at its next meeting of December 5, 1995. Issues 0 Representatives of both the Florines and the developers of the Soderholm Addition have presented legal arguments to be evaluated by the City Council as part of its reconsideration. In addition, the City Attorneys Office has prepared a memorandum evaluating the various arguments. These are all attached. • Action to be Considered To reconsider approval or denial of the Soderholm Addition Final Planned Development and Final Subdivision. • • • 5 5 - •-11 : i . . _./ • - . • , • . . - • pi , • i . . . . I C. W 41 I , 6...0 ! i i -1"-- 1 1 ...-.... 0 14,.........:.... ..,..............................Firw - . • ••.:• — • --I--1. •—•• ' • • , , '''' ''...... .. n.• .... — -mar Ammilm......moulr- 1 1. . A. ir 2 1.1 r rer 4 . OM. •. / s4,. • I so . . .. - 1 • ' I /1 i ..' aigdpi t• n • • •. .l'i rr; ' • I . 1 ., I =. 11: : •.: . ,!;t;;TO i li . .... .1 1 p, 6.77. . • ictL ! : .w.-a • ,.'- " ''--1, ' '_ , . - I ... I i 1.. .e....1 7..,÷1....: _ .. . y: __d. , . .. rm..6i. i . . :, : . ti 1 i . Tip-E-1 ,. .vo , . . .._ : . •,, .. ,.1.1 igg . . ..0 •. _ 4 t 1 ■ ; r— , V.....,./ • , ,E = , •iri ,,. •, • flu . - 1. J : ! i r iff=i: ...--= 1 Lf_ . ?i a , .. ; , ! , 1 • ., ,-• : — , su ••• , .. = • I' .v..._:__•—•".-.....= i. t! . Iv !: J 3 1 • a . .. • "..rw-.-- Z , . :I • ...; .... " n .:1 k ::. p --7--- .., I 1 : .1 1 ..- , .....__71.;. ..,........1 .-' .,i! I 'll •:1. }q" - ,c,„.....HI k I[ ..........----. ,....I.—I. Lt. ral • , 1 c, 1.,...., I :J. ..____ In•C . 1. 'I . 11:..) I • 11 I 1 •. ;■; vi 11 1 i i 4 I .7 ' 11. 'I 11 i IMO 011a MM. alm••■••■••• :4110•Ubilly• 1 . .. ..1.... . t ... . I . I : .." 1 i '1 '\ • • .-•..-• • i i 1 J 1 i • :i • r! „ .D I'''''••■'•iu 144 I i _i i , . ..,:• r--...._—.... • ....."....4-- N.- , le . • .. • . 11 I/ ■ I ft; 4!...• ii -4•71—In " li .0. i a i 1! 1 i ..." .........• • I 1 3 • 90i. . i• r I ! I I •, :•7;• lb, ._.....L. ' 1) -----'''......................................oee.000.•,e" I B e • .. .. . I }2 • : . • • si -4/• _ ...... . ., I / 1 11 ,..1 . . II I i s 1 1 IIIIIIIIIIO NISI I i...............„....................................7"." • I 1 . 1....._.1 mu .... ... . . -4...7 ,-.3....v _ , t 5..............■....___....- ---"'"----.*"*--1 I I in • • 11.1! • -Wt) rl :-• . . I • I El:*PILTaTm* I. . • . - • :.'., ill ....,.. is iv Ar .,...:•1'. • .46.s:-• ,.. i ' -.. ..:1 .....:;- ..; 1 r, . •3.•••:.- - : . - 2.„r• _ - • -.,:--...,.id•:.: I N - •:'1V:„.:44"3--.:"? ..:-.. .. 1 - 2 - t a :5 pir III !.".....,..._ . . If ; :1. . 3-mg • • . • e: - 1 i i 01 I •• '.% A 1 " ! i Miliagiblip.: 'r'4. • . ..t.., ...,t..,:f.•• f •.N...' . . _ . ,A,. . r :.gi.-, i 1!. ... . .• • . ..., . • .iii.4.. 3 ., ... 1.. 4. '.i _ It, CRY orWWI %% L II• 1 I 1I an ar CAM .0 .... s, — — -J 1 li I ■ -.1 / t____.; _...t.._ • - ou-rs . I cfl,rt4/icii‘ii. G I r . i CM or um' . _Ill I_ I if- .�. ors-» ( rr—L--- J • , I 1 13- 1 t � fi - • . I I — . Q I I " - 020M I I I �. I 110111 . * I 1 b !In ri • $ 2 7t±:1-7r6377r_LAt . • _ ,,-- \ . • • '��—: 1_----- \`_\ c„, ..\ • ‘;___:„.. . , •.. • • • 1 r.,./, . ..„,,,,,.„ , e • . .. . • . . ,....... • . .. ....... . , ,. . . . wKEKrIEir 1 ♦\\ \ ' �' .. . •14• i �� i �� • � 4e)c (2\Z H I `` \ '\ ~A RooMvRE D 1 \ \ \ •• . ,•.1. so, • \ _ro• vALI .� __ • . -1 - A: Lr___ ” • II, ..E • • • �1JI ..... «. A 11 L 1 I I • _ ►. I _ ...... ... .....='....:: xRlsHac • I i , . I fe+sa°P ,aau• . .. • x 1 1 Q f •F' °N J' I • ••;!••. •.•.-. •,1...............:..w...-•..-•-• .._ _ ••r/. O PLE NOM .»w.—.•'.''71...:1•• Z1 •�.•. ..• w . .....;.---"` . LI 1.'ii*".*:. . •.•. :.'' . . . // • I il , — — ‘5„.....---- 1 I I • DOHERTy15111 1 OM Srect Titrrf, 2.JX \i:nntn.nr.;t•u:ht T:adi•Ce:Iter ik:Neu link Avenue,\.tW. :;NI one Taboi.C:anh t R1IBI '•51)tenth filth Si e[ri :r:i•« 4c1 nth zeet- Suite:1:97 1 UQ Seventeenth Street U�� \1irm�;. 1i<,iluvlt.rna;+s 423 c mr h�::1,%I.-�,cs��a v'�;i-) �1s�.r fun.I C 21 t Colorado&)2-1523 BuTLER ipo 100 Denver. t TeI,.Phmx•(4121 3kt 055 Teiej 1i r Ib12•241.9733 I•;:cphtvre;202;39.I-:554 Telephone(2193)57:4,:01 FAX te121.40-53R•1 FAX 4312122919I'I 393-3111 FAX(311-1)472•62U3 I'll 3 L•:i e1ONAL A-SSi,C A I u P. p • Attorneys at Law • WYrdrt%.:net t!in1 n 1n_er. 340-5568 Reply to htinnearnIic offs e November 30, 1995 • Mayor Tom Egan and Members of the City Council City of Eagan • 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and Members of the Eagan City Council: Community Development Director, Peggy Reichert, requested that I prepare this letter regarding - the position of my clients, Dr. and Mrs. Florine, on the Soderholm Addition matter so that it can be included in your City Council packet and so that City staff has an opportunity to also prepare a response in writing for inclusion in your packet which may rebut our position and explain the position of staff or developer. We have been assured that the staff's response and the entire packet on this matter will be available to us on Monday. Our position is based upon the provisions of Chapter 11 of the City Code - "Land Use Regulations (Zoning)". 1. The Planned Development as approved violates your zoning ordinance because the 3-story medical office building exceeds the height limitation for buildings within 300 feet of a single family residential district. This is prohibited by § 11.20, subd. 15B3(g) on page 311 of the zoning ordinance. That provision is applicable to Planned Developments by virtue of § 11.40, subd. 6C2(d) found on page 329 of your ordinance. Because the Planned Development is based upon a plan which clearly violates the City's ordinances, it cannot be approved and if approved will be invalid. 2. The authorization for PD-Planned Development Districts is found in § 11.20, subd, 8 of • the zoning ordinance on page 295. Subparagraph A thereof clearly states that the • purpose of the Planned Development District Is to encourage, under appropriate circumstances, a more creative, varied and efficient use of land in the City." Subparagraph B of that subdivision sets forth the following standards for that determination: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of £06 zSt 'ON (� V6917 T89 88Q ZZ:Zt G6/02/TT P8SS 0V£ 2I9 DOHERTY RUMBLE BUTLER Mayor Tom Egan and I'KNE %ZONAL A5,00AnoN Members of the City Council November 30, 1995 • Page 2 the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; and (3) benefit the community at large to a greater degree than would development of the underlying zoning district." Our clients believe that there has not been adequate consideration of the impact of this development to justify findings that the requirements of Subparagraph B (1) and (3) have been satisfied. In excess of 700 citizens of Eagan have signed a petition expressing this same sentiment. Some of those citizens will present their views at the Council meeting on Tuesday night. The application of Subparagraph B of § 11.20, subd. 8 requires knowledge of the "underlying zoning district'. Planning Reports issued by City staff in connection with the change to the Comprehensive Land Use Guide Plan in May, 1994 and in July, 1995 in connection with the Planned Development in question indicate that prior to May, 1994 the Comprehensive Land Use Guide Plan designated the site as D-1 (single family residential, 0-3 units per acre). However, the current zoning at that time was PD(R-4) (Planned Development, multiple) which was based upon the Lexington South planned development which covered a 1,153 acre area and had been approved for 15 years which expired in June, 1991. On June 7, 1994 the Comprehensive Land Use Guide Plan was amended to NB-Neighborhood Business. The Neighborhood Business District is allowed in § 11.20, subd. 10 of the zoning ordinance. Subparagraph A thereof provides that "these are small business areas located in the center of a residential neighborhood to serve the daily retail needs of adjoining residents.' The Planning Report prepared May 24, 1994 discussing this project and the applicability of the working policies of the Commercial Land Use Study for the City of Eagan points out: "The service area of a Neighborhood Commercial node is assumed as a 1-mile radius. In this particular case, a Neighborhood Commercial Center already exists in the immediate area (Cater-Corner southeast across the Lexington Avenue/Diffley Road 'intersection), and vacant land currently designated for commercial development also exists adjacent to this existing. Neighborhood Commercial Center. Each of the proposed uses within this project could theoretically be developed on the existing vacant commercial property to the southeast, given this adjacent property's Commercial Comprehensive Guide Plan land use designation, it's commercial zoning and its size." KBP 10237$ , • • b00 ZST 'ON • P691' T89 4- E CI £Z:ZT G6/0E/TI PBSS 072 ZT9 • • • J.. DOHERTY • RUMBLE • & BUTLER Mayor Tom Egan and • P OFESs,orvnc nsscir��r�c,N Members of the City Council November 30, 1995 • Page 3 • • • We should also point out that there is a neighborhood business district which is developed with a shopping center located approximately one mile west at the intersection of Diffley Road and Pilot Knob Road. • Assuming that the medical office building could be moved so that it met the requirements of the City ordinance, the primary objections to the Planned Development of the Soderholm Addition and the reasons why that Planned Development does not comply with the requirements of the Planned Development District involve the use of part of the property for a Class II restaurant - fast food-and the development of an automobile service station. • The proposed free-standing IvlcDonald's Restaurant is clearly a Class II restaurant as defined in § 11.03 - 63 of the City Code. That type of use is a conditional use even in the most intense • commercial zoning district (RSC - regional shopping center district). That type of use is not a. conditional use in the NB District. • We believe that there has been no finding that the McDonald's use complies with the requirements of § 11.20, subd. 8B and it certainly has a devastating effect on the residences located on Lexington Way. Traffic issues will be discussed by a traffic consultant who has been retained for this purpose. The Neighborhood Business District does allow automobile service stations as a conditional use under several specified conditions including: "(b) The opening of any service station shall follow and not precede the_ construction and occupancy of a minimum of 10,000 square feet of retail shopping center floor space." (§ 11.20, subd. 10C(3)(b) of the Zoning • Ordinance.) • • The Council has modified this requirement to allow construction of the service station concurrently with the retail shopping center. In effect, this removes the requirement that the shopping center be occupied and actually operating as a Neighborhood Business Center and, in effect, allows this development to "lead with a service station". That also does not meet the requirements of § 11.20, subd. 8B. The Council is well aware of the severe traffic issues for the people on Lexington Way and the community at large and those issues will be addressed by a traffic consultant hired by our clients. • PAP 102378 J J 50O ZSI 'ON V6917 t89 r saa £Z:ZI £6/0£/TT peSS 047£ Zt9 r s DOHERTY RUMBLE & BUTLER Mayor Tom Egan and PROFESSIO :AI ASSOCIATION Members of the City Council • November 30, 1995 Page 4 We believe that the Planned Development with the medical office building sited too close to the - residential area, with a Class Tl restaurant use and with the service station should be denied. Thank you very much for your consideration of this matter. Sincerely, -:Dr,t,44- Eat 49,1 Richard B. Peterson RBP/eka • • IIBP 102378 5 ? 90a EST 'ON • P69b I89 4- MCI bZ:ZT S6/02/TT PBS; OPE ?19 • 612 336 3988 - NOV 30'95 ] ] :50 FR FAEGRE AND BENSON 612 336 3988 TO 96814694 P.02/e5 FAEGRE & BENSON TR vgsel0NAL LI/IITCO PARTMCRIGHIP :zoo NonarEsr CENTER,yo Sour r Stream STREET MINNEAPOLIS,MINNESOTA 55402-3901 TELEPHONE 612-336-3000 NI:SIMILE 612-336 5026 Clary L. GeIldrud Direct Dial (612) 336-3332 Feceimll• (612) 336-3885 November 30, 1995 • BY TELECOPY Mr. Tom Egan Mayor of the City of Eagan and City Council Members 3830 Pilot Knob Road Eagan, Minnesota 55122 • RE: Soderhobn Addition Dear Mr. Egan: On behalf of the Developers, McDonald's Corp. and Holiday Stationstores, we are writing in response to the November 22, 1995 letter from Richard B. Peterson. On November 6, 1995, over two weeks prior to Mr. Peterson's letter, the final subdivision of the Soderhoim Addition was approved by the Eagan City Council (preliminary and subdivision plans were approved on August 15 and on September 5 you approved requested changes). On November 6, 1995, the City also approved the final planned development for the Soderholm Addition. A Development Contract ("the Contract") and a Planned Development Agreement (the "Agreement") were executed by and between the City of Eagan and Raymond L. Connelly,•Jo N. Connelly, Del H. Einess, and Maylu Einess (collectively the "Developer"). The final approval of the planned development was the culmination of literally years of conscientious work by the Developer with the City of Eagan in an effort to develop a high quality neighborhood mixed use development that the City could be proud of. The final approval of the planned development and the execution of the Contract came after careful consideration of the proposed development itself, city staff input regarding the proposed development, opinions raised at the public hearings, planning commission comments, and the thoughts of the council members voiced on the multiple occasions that various issues relating to the development came before the Council. The Council should not . reconsider its approval of the final subdivision and planned development because of the frivolous claims raised in Mr. Peterson's letter. Because of the extensive damage that would occur to the parties involved in the development, because such actions would be contrary to Minnesota Statutes and the contractual duties undertaken by the City, and because the issues raised in the letter simply lack merit, and any action taken by the • City would be inappropriate. 1--t Minneapolis Denver Des Moines Washington,AC. London Frankfurt Almaty 612 336 3988 NOV 30'95 11 :50 FR FAEGRE AND BENSON 612 336 3988 TO 96814694 . P.03,05 • Mr. Tom Egan November 30, 1995 Page 2 1. THE DAMAGES SUFFERED BY ANY RECONSIDERATION OF THE CITY'S FINAL APPROVAL OF THE PLANNED DEVELOPMENT COULD RESULT IN EXTENSIVE, AND POSSIBLY IRREPARABLE, DAMAGE TO THE PARTIES INVOLVED IN THE DEVELOPMENT Since the final approval of the planned development and the execution by the City of the Contract and the Agreement, numerous actions have been taken and great expense has been incurred in reliance on the fact that development rights vested: the final plat has been filed; bids have been requested for the various construction projects; contracts have been executed with subcontractors; leases have been executed with tenants; and grading has commenced on the site,, Yesterday, McDonald's building permit was withheld pending this meeting. We all know how weather-critical these next few days are. Each day risks a four- • month delay and further damage. It is our understanding that the city is asked to reconsider its final approval of the plan, and its contractual obligations, in light of the concerns raised in Mr. Peterson's letter. Reconsideration of the City's final approval of the planned development and execution of the Contract and Agreement would result in extensive, and possibly irreparable, damage to the developer, McDonald's, Holiday and a number of the tenants. II. RECONSIDERATION AND ALTERATION OF THE APPROVAL OF TILE FINAL PLANNED DEVELOPMENT WOULD VIOLATE STATUTORY LAW AND THE CONTRACTUAL OBLIGATIONS UNDERTAKEN BY THE CITY Reconsideration would be contrary to statutory authority, contrary to the provisions of the Contract executed by the City, and contrary to the past practices of the City. Minn. Stat. § 462.358, Subd. 3c provides in pertinent part that: For one year following preliminary approval and for two years following final approval, unless the subdivider and the municipality agree otherwise, no amenduient to a comprehensive plan or official . control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. . _ • • 612 336 3988 NOV 30'95 11 :50 FR FAEGRE AND BENSON 612 336 3968 TO 96814694 . P.04,05 Mr. Tom Egan November 30, 1995 Page 3 , The language cited above is also incorporated within the Contract at ¶ 4. Any action - taken to unilaterally rescind or alter the final approval would violate statutory authority and the City's contractual obligations. III. THE OBJECTIONS RAISED ARE UNTIMELY AND WITHOUT MERIT AS SUPPLEMENTARY ZONING PREEMPTS BASIC ZONING REQUIREMENTS It should also be noted that the concerns raised in Mr. Peterson's letter are improper both in time and under the law. The Eagan City Code provides that § 11.20, Subd. 8.A. that: Where a conflict may arise between the - reguirements of the supplementary and basic zoning, those requirements related to the supplementary zoning shall prevail. The purpose and intent of the planned development district as defined is pre-emptive of all other zoning districts. Id. • The supplementary zoning incorporated in the Final Planned Development Agreement preempts the basic zoning issues raised in Mr. Peterson's letter. The purpose of planned development districts is to allow the city to make more creative, varied, and efficient use of land in the city." The City in this case has utilized planned development zoning above precisely as it was intended to be used. The City reviewed all of the final plans for the planned development, including the final building elevations which were attached to and incorporated by reference in ¶9 of the Preliminary and Final Planned Development Agreement. The City made the decision to approve the supplementary zoning after extensive discussion in order to affect the purpose of more creative, varied, and efficient use of land. The City's actions were entirely consistent with its practices on planned use developments. The final result of the joint efforts is a well thought out, well designed and attractive neighborhood mixed use development that has been fully and finally • • 612 336 3988 NOV 30'95 11 :51 FR FAEGRE AND BENSON 612 336 3988 TO 96814694 P.O5/O5 Mr. Tom Egan November 30, 1995 Page 4 approved by the City. The City cannot, because of an untimely and improper objection, revisit the decision now and compromise and cause further damage to a development already underway. V A truly yours, 1 Gary L. drud cc: Tom Hedges, City Manager Jim Sheldon, City Attorney Peggy Reichert, Community Development Director Moaza a.WP5 • r • ** TOTAL PAGE . 00S ** 612 432 3760 SENT BY: 12- 1-95 ; 1:12PM ; SEVERSON SHELDON-► 681 4694;# 2/ 3 • • MEMORANDUM • TO: Peggy A. Reichert, Community Development Director - - -- FROM: City Attorney's Office • • DATE: December 1, 1995 . • RE: Soderholm Planned Development Agreement/Soderholm Addition Our File No. 206-13225 In response to your request, we have reviewed letters submitted to the City by attorney Ric •rd Peterson on behalf of Dr. and Mrs. Florin, and by attorney Gary Gandrud on behalf of the , developers of the above-referenced property. Mr. Gandrud has cited Ivhnn. Stat. §462.358 which prohibits the City from changing the use;of the property, the development density and lot size, etc. for a period of two years commencing on November 6, 1995. This is consistent with our memo of November 20, 1995 to City Administrator Tom Hedges, stating that the final plat approval on November 6, 1995 prohibits the • City from altering its approvals for a two-year period without the consent of the developer. As noted by Mr. Gandrud, this is a State statute which is also incorporated within the City's development contract for Soderholm Addition,which has been executed by the owner and developer of the property. • Mr. Peterson argues that the planned development agreement violates the City ordinances. The planned development incorporates a number of issues within the zoning and subdivision - ordinances for the City. The use and the lot layouts of the property have not changed from the _ . time of the preliminary approval given on August 15, 1995, which approval followed public notices and public hearings. The August approval consisted of a change in the zoning for the property which,by the very nature of a planned development, may vary with the regulations noted within any zoning district. • • The provision of the City Code that Mr. Peterson argues prohibits the construction of a proposed building, due to its proximity to a residential zoning district, neither relates to the approval of the planned development agreement governing the use of the property nor does it apply to the platting of the Soderholm Addition. Rather, the Code section cited by Mr. Peterson solely addresses the issuance of building permits for buildings within a planned development district. To the extent that the Code provides a maximum height provision,its application is limited to those instances where the planned development agreement fails to articulate the height of any proposed improvement. Section 1120, subdivision 15A(height limitations within commercial districts) expressly exempts building height limitations on property within a planned development district, - where a different height is approved by the City. The Soderholm planned development agreement • 4( 612 432 3780 SENT BY: .12- 1-95 ; 1:12PM ; SEVERSON SH©_DON 681 4694;# 3/ 3 which was approved by the City Council on November 6, 1995, identifies the elevation plans for each of the buildings to be constructed. Thus, Section 1120, subdivision 15B3(g), which is referenced by Mr. Peterson as placing a height restriction on the property, is inapplicable in accordance with subdivision 15A. • Mr. Peterson also raises issues regarding the requirements of Section 1120, subdivision 813 concerning the council determining that the requirements of the planned development district have been met. While it is oftentimes necessary for the City Council to make independent findings in connection with approvals and/or denials of certain applications, where a provision such as that found in subdivision 8B imparts the need for the Council to apply subjective analysis of whether to approve a planned development zoning district,the action of approval is in and of itself evidence that the requirements found in Section 1120, subdivision 8B have been met. MGD:cld • • • • • November 21, 1995 Dear Eagan City Council Members, On behalf of my family and residents that live on Lexington Way, I hereby request that you re-consider the approval of the Soderholm Addition Development for the following reasons; 1) Failure to notify the David Vogt,. Family of any public hearings relating to the Soderholm Development; specifically but not limited too; granting.of variances to the Soderholm Development Project. Procedures were not followed as listed in subdivision- 3, Numbers 1,2, and 4. Specifically relating to notification of adjacent property owners affected by, or within 200 ' of said development, and, overlooking paragraph 4 facts B, D and E. 2) Wrong or misleading information given to existing residents on Lexington Way specifically, but not limited to, public officials telling individuals that "The Soderholm Addition Development is going forward" , before the approval process had taken place, giving older residents a feeling that nothing more could be done. 3) The absolute disregard of the safety and privacy of a quiet residential street serving.five residential homesteads, by massively increasing traffic and congestion without proper hearings and notifications. 4) For not considering the effects and undo hardships ' of the development concerning access to our homes via Lexington Way. 5) The dangers of accessing Diffley Road and Lexington Way at this time, and what the Solderholm Development would add. L.1.1W - We are not opposed to commercial development of the Soderholm Addition, as long as it fits with the immediate area, and does not use Lexington Way for a primary access. Sincerely, \► David Vogt Family / CC: Tom Egan Pat Awanda Shaun Hunter Sandra Masin Ted Wachter TRI-STAR MANAGEMENT, INC. November 21, 1995 To The City of Eagan Council Members • RE: Rezoning of property located on Lexington and Diffley Please let this letter serve as as my formal complaint regarding the rezoning of land near Lexington and Diffley that was riginally residential to commercial . I developed Lexington Center in 1987. At that time I was assured that the surrounding . lots were zoned residential ; that the City of Eagan had too much commercial land and no rezoning would be allowed on the other • corners of Lexington and Diffley. It seems to me that since w are the only other commercial site near the land in question w should have at least been notified by the City of the propos d rezoning. Secondly, to develop and lease the land to direct competitors of tenants in my center is defeating the purpose of having businesses prosper in Eagan. By building a Holiday gas station you jeopardize the traffic coming to Lexington Center since Fina is one of my anchor tenants. This will also hurt all of our oth r tenants who have worked so hard over the past seven years to finally develop traffic to their businesses. I would request that you please set time on the agenda at your next council meeting for this issue. Please notify me of th tim and place so my company can attend. Best Regards, Lexington Center • Mark Ravich General Partner • 5010 WINNETRA AVE. No., NEW HOPE, MN 55428 (612) 536.9883 FAX (612) 5 -1158 • Agenda Information Memo December 5, 1995 Eagan City Council Meeting B. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - EAGAN PROMENADE ACTION TO BE CONSIDERED: • To approve/deny the Eagan Promenade Preliminary Planned Development proposal. • To approve/deny Preliminary Subdivision for Eagan Promenade. FACTS: • See attached memo. • The draft Preliminary Planned Development Agreement will be delivered to the City Council on Monday, December 4, 1995. ATTACHMENTS: (3) • Staff memo dated 12/1/95, pages 5-0 through J Co . Exhibit A, Master Site Plan, page-3'7. Exhibit B, Preliminary Plat of Eagan Promenade, page 51 . 4/9 • MEMO city of eagan • MEMO TO: MAYOR AND CITY COUNCILMEMBERS THRU: PEGGYA. REICHERT, COMMUNITY DEVELOPMENT DIRECTOR FROM: LISA J. FREESE, SENIOR PLANNER - DATE: DECEMBER 1, 1995 - SUBJECT: EAGAN PROMENADE PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION SUMMARY OF REQUEST - Opus Corporation is requesting approval of the following items: a Preliminary Development Plan for Eagan Promenade Planned Development and a Preliminary Subdivision of 11 lots and 1 outlot on approximately 120 acres located in the northeast quadrant of Yankee Doodle Road and I-35E in the S %of Section 10. SUMMARY OF PAST CITY REVIEW . In May 1995, Opus Corporation submitted plans proposing a mixed-use commercial, residential and public park development for 120 acres of the O'Neil property located in the northeast quadrant of Yankee Doodle Road and I-35E. The initial project included a 320,000 sq. ft. power center, 70,100 sq. ft. of freestanding commercial businesses, a 20,000 sq. ft. community retail center (i.e. small shops), 294 apartment units, and a 14- acre park. This original proposal was reviewed by the Central Area Task Force and the Advisory Parks, Recreation, and Natural Resources Commission. Both the Task Force and the APRNC recommended that the public park element should be eliminated from the proposal. The Advisory Planning Commission held a public hearing on this proposal at its June 27, 1995 regular meeting. The APC recommended approval of the preliminary development plan and preliminary subdivision subject to the conditions in the staff report dated June 22, 1995 and with modifications to the park area and trail system, whereby the - park dedication would be in cash as opposed to land and the trails would be enhanced, ' particularly in the residential area and behind the power center. The City Council considered the Eagan Promenade proposal at its regular meeting of July 11, 1995. The City Council approved the preliminary concept plan excluding the park and provided direction to staff and Opus Corporation to make revisions to the original plan. Subsequently, Opus Corporation brought back a new concept plan to the City Council for their feedback. That plan included residential development on the north side of the in-line center to the south of the proposed Northwood Drive. The City Council expressed concern about residential development in this area and requested that Opus Corporation consider additional retail development and/or a hotel in that location. PROPOSAL MODIFICATIONS The commercial component, as revised, consists of approximately 298,700 sq. ft. of in-line strip retail; 68,600 sq. ft. of freestanding commercial businesses on eight separate lots; and 31,800 sq. ft. of community retail (small shops/food-related retail). Compared to the site plan presented to the City Council on July 11, 1995, the in-line strip center is 21,268 sq. ft. smaller, but the building divisions have been increased from 7 to 9 spaces. The freestanding commercial fronting along Yankee Doodle Road has been reduced by a total of 1,500 sq. ft. with one less restaurant lot and 3,100 sq. ft. less space designated for restaurant uses. The public park component has been completely eliminated. The community retail shops have been reconfigured to cluster around a private plaza area on the east side of Promenade Avenue. The space for the community retail has increased from 20,000 sq.ft. to 31,000 sq.ft. and is designated for restaurant/retail uses. The plans have also been revised to show another 60,000 sq. ft. of retail to the north of the in-line center on the south side of Northwood Drive. The detailed breakdown of square footage and the revised plan is as follows: In-line Stria Center 56,300 sq. ft. "upscale"grocery(with off-sale liquor). 53,700 sq. ft. retai building 26,400 sq. ft. retai building 15,400 sq. ft. retai building (3) 23,500 sq. ft. real building 44,322 sq. ft. retai building 44,410 sq. ft. retai building 3,900 sq. ft. trash/maintenance/mechanical enclosure Freestanding Euildinas 4,500 sq. ft. freestanding restaurant building 23,000 sq. ft. retail building 7,500 sq.ft. sit-down restaurant (3) 8,500 sq.ft. bank(with drive through) 7,500 sq.ft. video store 2,600 sq. ft. fast food restaurant(with.drive through) 2 • Small Shops Center 30,000 sq. ft. retaiVrestaurant building (2) Northwood Stria Center 30,000 sq. ft. retail building (2) The residential component to be developed by Healey-Ramme Company has not changed from the plans presented to the Council on July 11, 1995. The possibility of adding an additional building in the residential portion of the development was explored by the developer. Concern was expressed by the City regarding the potential loss of significant trees in order to accommodate that additional building. The direction given to the developer was to modify the site design in order to save those significant trees. As a result of further analysis, Healey-Ramme has determined that an additional building cannot be placed on the site. They are, however, exploring options for adding more that 294 units in the five proposed structures. CONTENT OF THE PRELIMINARY PLANNED DEVELOPMENT AGREEMENT The Preliminary Planned Development Agreement as drafted approves the uses and site design of the development and specifies the staging requirement for the development of the site. Approval of the Agreement will.establish uses, setbacks, maximum building square footage, internal site circulation and parking requirements for the project. Key conditions in the APC staff report dated June 22, 1995 have been incorporated in the Agreement. A mechanism to incorporate findings and/or requirements related to the Environmental Assessment Worksheet (EAW) and Indirect Source Permit (ISP) are included in the Agreement. In addition, both the Planned Development Agreement and the Preliminary Subdivision approvals contain conditions related to the necessary roadway improvements. A copy of the Preliminary Planned Development Agreement will be delivered to the City Council on Monday. The City is not giving approval to landscaping and design details associated with the project at this time. The Agreement stipulates that prior to release of a final plat the City shall have approved in writing as an amendment to this Agreement several master plan exhibits including landscaping, signage, building elevation/,architectural guidelines, trail and sidewalk, lighting, tree preservation, south and east plaza details and bus shelter details. All Planned Development amendments require hearing before the APC prior to City Council action. The amendments to the Preliminary Planned Development for landscaping and design details are scheduled for consideration by the City Council at the February 20, 1996 City Council meeting. The Planned Development amendment and final plat approval by the City Council can occur concurrently. If Final Development Plans for each individual lot are in substantial compliance with the approved master plans, it can proceed directly to the City Council for consideration of approval. If not, a Planned Development amendment is required involving a public hearing before the Advisory Planning Commission. • • REMAINING ISSUES In negotiating the Planned Development agreement, staff has tried to represent the concerns and direction of the City Council. The only major issues on which agreement has not been reached involves the small shop area. • Staging: The Preliminary Planned Development Agreement (Agreement) as drafted allows for the construction of the in-line shopping center on Lot 8, Block 2, but does not permit the construction of the remaining freestanding commercial buildings until the building permits have been issued for the small community retail center on Lot 1, Block 3. The concern is that unless there is some staging requirement, the small shops may never be constructed. If all the development occurs concurrently, •including the small shops there would be no staging restrictions on the commercial development. The residential can occur at any stage. Opus is requesting that no staging restrictions be imposed on the development. ▪ Uses: The retail uses specified in the Agreement have been generalized to allow for more flexibility for the developer. On Lot 9, Block 2, the Agreement identifies a 60,000 sq. ft. retail store or hotel. The hotel is not shown on the site plan, but it is considered by the City to be a desirable alternative to the retail use. As an option, but not as a requirement, Opus Corporation has no objection to the addition of this use. The Agreement specifies 30,000 square foot of retail building with at least 6,000 sq. ft. of food oriented retail in the Community Retail Center on Lot 1, Block 3. Opus Corporation would like the flexibility to allow either retail or restaurants in this area, but does not want the requirement to provide a minimum square footage of food oriented retail. • Parties to the Agreement The agreement as drafted is with the O'Neil family as the fee owner of the property and Opus as the Optionee of the property. The Planned Development is granting zoning rights to the property and revoking the previous Agreement. Therefore, the City requires that the Owner of the property be a party in this agreement. The O'Neil family does not want to sign this agreement so if the City Council approves it, the City Attorney is recommending that the City sign the agreement and allow the developer one year to execute the agreement in order to allow Opus to take title of the property prior to execution of the Agreement. In the event the Opus acquisition falls through, the Planned Development Agreement • currently existing on the property will continue to govern. That term of that agreement expired on November 20, 1995, but the agreement will continue unless specifically revoked by the City Council. ACTIONS TO BE CONSIDERED A. Preliminary Planned Development 1. To deny the Eagan Promenade Preliminary Planned Development proposal for the approximately 120 acres located in the northeast quadrant of Yankee - Doodle Road and I-35E in the S1/2 of Section 10; or �3 2. To approve the Eagan Promenade Preliminary Planned Development proposal for the approximately 120 acres located in the northeast quadrant of Yankee Doodle Road and l-35E in the S1/2 of Section 10 subject to the owner of the ' property executing the Preliminary Planned Development Agreement and delivering the Agreement to the City, together with proof of ownership, within one year from today's date. B. Preliminary Subdivision To approve or deny a Preliminary Subdivision for Eagan Promenade. • Approval subject to the following conditions: 1. Approval of a Preliminary Development Plan for Eagan Promenade subject to the conditions enumerated in the Eagan Promenade Preliminary Planned Development Agreement. 2. Platting of the property by the developer. • 3. Standard conditions of plat approval as adopted by Council action on February 2, 1993. 4. The following additional Wetland/Water Quality conditions: a. The development shall meet its water quality mitigation requirements through on-site ponding.ii The ponding and storm drainage configuration for the site shall be that shown on the plans received by the City on November 11, 1995 except for the following: • Pond DP-5.1 shall be excavated to provide a wet pond volume of.9 acre-feet and a minimum mean depth below normal water level of three feet. Grading contours for this pond shall be shown on the grading map. • The invert elevation for the outlet from Pond DP-6.1 shall be one foot in elevation below the delineated edge of the wetland in this location. b. The applicant shall be allowed,to fill up to .473 acres of wetland on the site and construct 1.1 acres of Type 3 wetlands for replacement as per the June 1995 wetland replacement plan for the site and as amended with the revised plans received by the City on November 6, 1995. The wetland replacement plan as amended is approved. c. The developeraill maintain a buffer of natural unmaintained vegetation xtending 30 feet back from the normal water level of Ponds DP-6 and DP-6.1. The only encroachment allowed within this buffer during 54-1 • construction is that associated with road construction along the southern margin of Pond DP-6.1 and grading for Building 5 along the east margin of the pond as shown on the plans. Graded areas within the buffer shall be restored with natural vegetation kept in an un-maintained condition. The limits of the buffer will be marked on the grading plan and marked with permanent monuments in the field prior to grading. The developer will contact water resources staff at least five days prior to the start of grading for approval of the monument type and location. 5. Council approval and ordering of the required extemal/intemal roadway improvements including: Central Area (External) Yankee Doodle Road a. Construct dual left turn lanes on each approach at the Yankee Doodle/Pilot Knob Roads intersection. b. Replace the traffic signal at the Yankee Doodle/Pilot Knob Roads intersection. c. Construct a third through lane in each direction on Yankee Doodle Road between Washington Drive and Yankee Place. d. Widen the bridge over l-35E on Yankee Doodle Road to accommodate the additional third lane. • e. Construct dual left turn lanes at the Yankee Doodle Road/Denmark Avenue.' f. Construct a right turn lane on westbound Yankee Doodle Road to northbound Denmark Avenue. g. Add an additional northbound through lane on the south leg of Denmark Avenue at Yankee Doodle Road. h. Replace the traffic signal at Yankee Doodle Road/Denmark Avenue intersection. i. Construct a right turn lane on westbound Yankee Doodle Road to • northbound Promenade Avenue. j. Provide for,a future signal at the Yankee Doodle Road/Promenade intersection. k. Reconstruct the ntrance to MVTA to provide for a right in/right out movement only. • l-35E a. Remove the existing signal and entrance ramp from westbound Yankee Doodle Road to northbound l-35E and close median. b. Construct new entrance ramp with right turn lane from westbound Yankee Doodle Road to northbound l-35E north of Yankee Doodle Road. c. Right turn lane on southbound exit ramp to Yankee Doodle Road. d. Construct dual left turn lanes on the l-35E northbound exit ramp at Pilot Knob Road. Lexington Avenue a. Extend five lane section from Yankee Doodle Road to one-quarter mile north of Northwood Drive. b. Provide for a future signal at the intersection of Lexington Avenue/Northwood Drive intersection. Internal Area (Promenade Development) Denmark Avenue a. Four lane divided roadway between Yankee Doodle Road and Northwood Drive. Promenade Avenue a. Two lane divided roadway between Yankee Doodle Road and Northwood Drive. Northwood Drive a. Three lane undivided roadway between Denmark Avenue extension and Lexington Avenue. 7,2s2.4,_ Senior Planner 7 5 C, l V __*i 7Y go ppeAv Klll"nr» ) ` I u < ,,,\sx,i. U 1) 0 ' * N // N 1 4/I ' ) —i \\ q X 1n jt I W O 1 1 II a (I /di , . • . • f .1 ,. , 1 ip \ \\ E .,hw =t d . (2,___ _.2 .:.--sC!, 11 ilie R III:11ild W6 ------,. \ ,.a fl- ' ' ill% flit 0 „, . _ r i, o �, 001 III � 4 � � �� . IN i 1 -� _1 Z NI 811 k 111■ 1 wi all 81� III 8k'' ' `r �.� _ ON 110 4 .0811 0 : mg, 1 �'�” oil Ilo 4 0111 ER in m9 � b ''I ' Ho tw — vii 811 in--HIV 1 5 - _ 0011 i o I g At' ' L�� DI = 3 cg , HE t (J--H0 — Ilia tH 180 t i I i fro N1 81D b 4, \\� .° --- o�• - Li--7— {It . \ . • TON MINX x .••. . . 4*..444w . 1 i°14 4 0 i i "ik' ti , \ [1 v--4 F !ill ili if ill• 9 1 ,__2 ligi . ' 5- • • . . • T � r• - iH co- - I I 11. 17 li-- -QII 7 R t.tt71 I U i ! � tE•.t�ttcu`i -[•^-s:,:� M i!�r "'z: -+_%-4� y. 3 ii1iIiIiiiiii1i1iIiiilllaui! i 1,iii e•:::...;, r` - '• - •- _ rttnrrrRu11 t -+R � :7N•r- '?r T.wu�m Rr nR t. r z of �u11 olaooa!:-Il!I T• 1 _-- — f I CO 313„;4.1 !1 r� _ cR I --r,.��:-- <r �,.r17� _ .! r—�I- 1" 1 r---,7'p— rya ��•o..,* .Ititlf,lsomissrtc�i.4. 7 \ 1101011199011 -' -•• ;;,:-\''..`i., rr 1 4i#!''d,1 •:r,. trIV;`4 'S 1,41.,. :„... �.-� I, 'I . 1 - ►�''I ..4..411 .. l `."�gyp. f� '!?_�1 ! •r �5 11,41.,. :„.6-:9 �.fir '. •2 i' I W ' �'� i 5555's5555555i • 17 1 r Z., lot• 1'_11 i• 3.11 '1�`1., i - I L f,-1 W # 1'iI !' �}jG r, Vrr(A tiy3� .r 'Z; t y 1 • r / 1 t11 .1 •I �� '•- . .rr" r. i� ( — 1• , •..2.Yiri - L_•r 1 .•ro: -� i 1.• ~•°'Age r p ` i;11 !tip - -1 1 !! ' i ' / iv };: 11' r1.. ”' I{ . , ,r ■ r / �.tyv �'l-- 4z- .,:•. : r,' / ,, ! 1 1: Ii"'1: �' i 11 ;If 1 I i t a11•� t,1 t■ ;01)-� 1RK _'.•.. .i.(.i_ < „ �• •: .Z;r'.+•� 1111 1 �' ,.i�' � � 1t I` 11 1 j1 11'1 j s I�tr MM 1' I.8611ia,' s: •..},id!\,yt Ig'.: �E.>;y;5 N , ,,4 I/ ??T v6' r-r . • 1p II•lit I f,11 a 1111 i •I Ili W "�w • d' •i 1 '1 1311 1' + i 1 i ,1 �1 +I 1 irIIiii i • 'i• ' 1 �i 4 7 1T' • I• 1 1FFi[ ii� �: � a o1' ` i M• J• 1iii' 1 1 1 ' a i i j 1111 11 !1 1• '7 a. ^ a AJ s .1A.1111,!!!I , ii •`4 �1' •:.� .. rj-' .14 ,,,1,„ F .. 1111•rt qty rwS M t' •!, rj tp ,.. rl H� 1 R J,•/ �;.uN-.14:• Ili'• "--.+t� 11:.,-.\ r ,?;t ti _". L. ,I al. i, J : : r-' I I rows l'�• ` \.t..;�6`,:%.,..`',. 1,.:,I : 'i'.),..z " 's• :-';l?'• '+•.1'' ()t}, 1 -I [I• C] q, l• I I ..'•i• . 1112',r}j� t ••' - •a .� Ir^'.• , • 1 a rY.T� V it . - di •,�'.:l�. �, :,:' r...'.;. 1. a'int + 1 rw LI...,q. -7 E. 11.•1 It 1•- i„ .til' _` •• 7.'.. ;. \ . • V • auvN3WOad • "�iee, tU}}t11-1-`• I - W __ "�l �, 1 g ?n �I_ .,. aur.w' _'5711. 1I!! lD " " 1• •• Is.Z C] •� -.I^N. .. L.-„'gym, 141;� '{ CV _ r (+C.i 'y '- f( I i- 'J"1I r.'.'IN 1 .„.1 [3;11• U -\,...,..--.:t.:: i , s• vc 11 1 gli• r • : ! •, -- ! 1 •; i '�,(1 U1 :. ` 112.1 ar+..� A D-•' 1•Iii Si. r''`Y a `� �i II; i i F_ r •,r ''.''.': • 0• all ='• # R I I �i y'- �' • ?.::, •in • •• i I�'' 1:111• +r.• t` ,' •t1 ` •fir' 1 : r l 1• .°.G i,F ;'2I n8111: I J. t }": "y .. ..irC.L'"L_JI_ �y. ,1 •,:.., T �:SIl'- , �1.. .Y.. . ens •"ste.tr.011 •1`'. 1:. .:..s.t� „ l ' 1{E rtrtiosi• • • j1 III, • ! i"'ll is. t1'' ■,+'i W \ .�" ;'_�,1 1..' VN t r �`'r ' I is, ` F• I lgrl i' ul�l�■il�;}� o - . >��. ;��;� :�*'�• ` '-�' m� ��' ii :�,11.111,! -,t !11'111'11'1 a t` 1 i emu`' •r - :AA i �' ;► 'j��'r, _'PP • R •aI1•1!'fialjl s \, 7.'r, N Ic 1 r { °„c`>j t t•11111,11 P 1fj�l■'lf'+i • Lb ,„. �I I 3101� 11 X44 4. P �1111,,1,,,; .k� : ,. .. ,ijl 1+111'1 ` \ ♦ ) i'r17 '� 1 a"P ��11ui 1 111,,11J1{1irll t ♦ ♦ \ — ~^ c. :1.:- ;:,-' '` 4%, !I 1i r■',I 1•1 '111111) it ,'I;�i1lli'il ' 4 ` `\ •• •I '� L= ,'yl 1i •` '∎ 1 I IIj111F jr ii1,.1 1 1 ` ■- � y. c• d.-7 c�i-•1 ;F': 1 1 1 ;Iiiiilli 10 ,�� Pl�J�tt(r1•l, �-.� �..—I e,� r', '• i ,• ' ! 1� G• 1 t 1 ■Ii1.lh 1/.111,sl,,{��11111 I, ....4.43/,' �.. ',• � i•;i;••1 ! ' -1:",, a oz�rr • I • ; r.•'• IM I • . �I 6` \'. ^�, .�i • f. w��r.M r.>.lr �IM. .;;',..1,!;:i I.1. i • • Agenda Information Memo December 5, 1995 Eagan City Council Meeting A. CONDITIONAL USE PERMIT TO ALLOW MOTOR FUEL SALES FOR McG'S CONVENIENCE STORE ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow 24 hour a day motor fuel sales as part of McG's convenience store in the Silver Bell Plaza shopping center, platted as Lot 1, Block 1, Silver Bell Center Addition, located at 1969 Silver Bell Road. • FACTS: ► A Conditional Use Permit is required for motor fuel sales and a 24 hour a day operation within 200' of a residential use requires specific Council approval. The proposal includes the addition of two pump islands with two pumps each, a canopy and the realignment of the main access to the center. ► On March 21, 1989 PDQ received approval of a Conditional Use Permit to allow motor • fuel sales at this site. The permit allowed,the two pump islands to be located south of the center adjacent to Silver Bell Road. The applicant did not proceed with construction and the CUP expired. ► The Advisory Planning Commission conducted a public hearing on this item at its regular meeting on November 28, 1995 and recommends approval of the Conditional Use Permit subject to the conditions in the staff report -with the following modifications: The elimination of condition seven; condition two modified to include maintained free of litter in a clean and tidy manner and all litter picked up on a regular basis, and condition three modified to include enclosures for trash/recycling containers for each tenant. ISSUES: • ► Residents of a single family home located across Silver Bell Road from the center voiced concerns regarding increases in traffic and aesthetics. The applicant stated that the pump area would be screened from their view. ► Since 1979, the PDQ convenience store (and now McG's) at this location has been a 24 hour a day operation. McG's intends to continue to be open for retail and motor fuel sales 24 hours a day. The Planning Commission members debated the appropriate hours • of operation for motor fuel sales and the majority (5-2) determined that a 24 hour a day operation would be compatible with the area. 5 • • ► Although not noted in the staff report, City Code Chapter 11, Section 11.10, Subd. 18 regulates hours of operation for retail business, motor fuel stations and restaurants. The Code states that "hours of operation shall be confined to the period between 7:00 A.M. and 1:00 A.M. except for those located 200 feet or more from any residential use and fronting on a mayor thoroughfare or commercial service road unless otherwise specifically approved by the Council." Therefore, approval of this CUP by Council specifically approves a 24 hour operation. ► Staff expressed concerns about internal circulation to the applicant during the initial plan review stage. Specific concerns were raised regarding vehicular and pedestrian movement conflicts of customers walking across the main access drive to and from the pump island area. Staff suggested options that included expanding the western entrance near McDonalds and closing the eastern entrance or the use of islands to limit traffic in front of the convenience store. Both alternative access layouts were considered unacceptable by the applicant who believes altering the existing access as suggested would adversely impact tenants, parking, and circulation of the center. ► Planning Commissioners Burdorf and Carlson also expressed concerns about the internal circulation. Since the Advisory Planning Commission meeting,staff has further reviewed the applicant's proposed modification to the eastern driveway to realign it to better line up with the main internal access drive through the parking lot and widened to 40 feet which will allow for right and left turn lanes out of the site. Staff is proposing that the safest internal circulation pattern can be provided by removing the eastern driveway cut to Silver Bell Road. Staff will meet with the applicant to discuss the proposed alteration prior to the City Council meeting on December 5, 1995. BACKGROUND/ATTACHMENTS: (3) Supplementary Memo dated December 1, 1995,oges �O! through . APC minutes of November 28,' 1995 pages (i 5' through /,( . Staff report, pages io i •through X I . • • O • • 11 MEMO city of eagan • TO: Mayor and City Council Members FROM: Director of Public Works and Director of Community Development DATE: December 1, 1995 • SUBJECT: McG's Conditional Use Permit - Internal Traffic Circulation ISSUE Since the CUP application was submitted, City staff has had serious concerns regarding circulation issues that will result from the introduction of gas pumps at Silver Bell Center. Because of comments made at the Planning Commission meeting this past Tuesday evening,staff has further analyzed the anticipated conflicts between pedestrians and vehicles that will be caused by requiring gasoline patrons to cross (twice) the primary drive aisle serving the entire 40,000 SF Silver Bell Center. PROPOSAL Attached to this memo are two diagrams that illustrate the southern portion of the center. Exhibit A shows the applicant's proposed circulation and Exhibit B shows the staff recommended alternative. The configuration proposed by staff requires removal of the eastern access point to Silver Bell Road and provision of a new de a drive aisle for access to the drive aisle adjacent to the center. We understand that older commercial centers are difficult to retro-fit and that some of the center tenants may believe they are negatively impacted by this alteration; however, compromising the pedestrian safety of the center is not a reasonable alternative. PLEASE SEE ATTACHED EXHIBITS. SUMMARY All of the traffic patronizing the Silver Bell Center must enter form the south end of the site (Silver Bell Road). Introducing a motor fuel operation at the south end of the site will generally impact all traffic in and out of the site and specifically impact the pedestrian traffic going to and • from the convenience store and the pump island area. Staff is recommending an alteration to the proposed access plan for the site. By eliminating the easterly access to the site, pedestrian movements to and from the pump island area will not be in conflict with vehicular traffic. • • i4/' Si t .,� eCE EISEMENT OuER .�XJ ti /PER OOC. WO. 224748 � / 1 1/7 +Ie• ,0% Pd 1 +4b . :::::±::::: : •L , ■ • - I • I # -- •I 7777771' I d1 l a . • 1.----9334 U,Z7 4_ • . : • 1: 1 --,011-- : 1 ral # • . .0-- -......— 1 I I 11 . 1 L • ild ,. 71 , m!tr. 07. I 4' :(71 1 d 1 + . i J ReI I!ght LL__±C I i 11♦ # : ::"..c-ate saran .. ~7o.ble 'olio. !tn. • 9erehear.. Ei warier • 751 iii' C ,ear Bell Rood zo ^..t or ^wearer: 300 east e■ 3eeu-!7-RL.e ,r.•.e • • • • POWISI 1 A . irtrApploom.....- i ft. t 4.4s/ . e i /4 I . m „.•# ., ... ...„, ,—�� • •• • •, F Ci ' / / 47,4-4I 'yr alir . :E,EASES WER i PER ppC, t0..22474a 1' �f ♦1, r . • ' #4. II/ • z d •6 — _. ...._., . e.4. E. . - 4,, ( 1 .• Y • r T... I ■\ ♦■ • r I +.1 1114!!! 1 ♦� /�// OM i t ..1,r A 6p • • O / I, . . 417• I.- [ .. ' #. • . , • .11L11111'1' .d‘ .174.. 1.:::11 tr. -. I: I ng• 1 1 1 1 . I I I I 1... * 0\ I • ♦ I • • Reiocebeu tsph! A i f t VR I ' 1 . • %.ni..... . . •!' . . ,,,. 0 �--- • e• -- :f•.� j��chwer.. E i e..et s ems' east • `.��c;• yel io. ut or ^yo''ent1e 300 i . .. OCHIV.IT , 5 emoorbs4 r 612 432 3780 • SENT BY: 12- 1-95 :11 :58AM : SEVERSON SHELDON-, 681 4694:# 6/11 • • CONDITIONAL USE PERMIT - McG's INC.. Chairman Miller opened the next public hearing of the evening regarding a Conditional Use Permit to allow motor fuel sales on Lot 1, Block 1, Silver Bell Center Addition (PDQ) located at 1969 Silver Bell Road in the SW'/4 of Section 17. Planner Harlicker introduced this item. Mr. Harlicker highlighted the information presented in the City staffs planning report dated November l5, 1995. Mr. Harlicker noted the background, the existing conditions and the surrounding uses of the subject property. Mr. Harlicker further outlined the City staffs evaluation of the applicant's request for a conditional use permit in addition to the proposed site plan. Mr. Harlicker noted a conditional use permit was previously approved in 1989 for the previous occupant, PDQ. Mr. Harlicker also stated that City staff recommends that the applicant provide a plan for unifying the appearance of this area with respect to trash/garbage collection and assuring on- going maintenance along with information regarding the canopy lighting, colors and materials. Mr. Harlicker concluded that the proposed fuel sales can work internally on the site, however the proposed 24-motor fuel operation will intensify the amount of traffic and security lighting which may adversely affect the residential properties directly across the street from the site. Bill McGuire, the owner of McG's, stated that PDQ moved out of the site because the business was not profitable without gas sales. He stated that McG's 8 of 10 employees are full time and adding motor fuel sales will add approximately three more jobs. He stated that gas sales are the fruit of the stores success, in addition to enhancement to the shopping center volume. Member Segal inquired with Mr. McGuire as to what hours of operation it would have if not permitted to operate 24-hours a day. Mr. McGuire stated that the how's would probably be 5:00 a.m. to midnight, but added that there is a need for 24-hour service in the area and a lot of its customers have asked for motor.fuel services. • The owner, Hussein Ansari, of Cedarvale Texaco stated that there is not a need for another gas station in the area with Sinclair down the street and his Texaco operation. He further added that since his family opened the Texaco station a couple of years ago, business has been marginal to have-an out of towner come to Eagan to open a business while he is an Eagan resident only will hurt his operation, the applicant will "step on [them]" with the applicant's money which is not fair. 612 432 3780 SENT BY: 12- 1-95 :11 :58AM : SEVERSON SHELDON-, • 681 4694:# 7/11 • • Ted Tinker, a representative of Chaska investment Limited, stated that he was involved with the development of the Silver Bell Center since its development in 1979. Mr. Tinker stated that while the area is not depressed, it is a tough market. Mr. Tinker advised that the previous occupant(PDQ) had a conditional use permit approved in 1989 for motor fuel sales but that it did not follow through with the permit because the owners of PDQ refused to provide the landlord an insurance policy for any potential land contamination. Mr. Tinker added that they have completed a lot of development/improvements to the shopping area since it was built. Mr. Tinker further presented photographs of the dump'ster area in response to the staffs report of untidy trash problems. Mr. Tinker stated that he favors the proposal. Al Burr, a resident of 1930 Silver Bell Road, stated that he lives directly across the street from the proposed gas station. He stated that the area does not need anymore gas stations. He further expressed concern about the problem of trash blowing all over the area, with dumpsters overflowing without its cover down. Mr. Burr further stated that the area is presently experiencing traffic congestion and the addition of a gas station will only add more congestion to the area. He stated that he opposes the proposal. Chuck Jacobs, the manager of McG's responded to the garbage issue stating that its dumpsters are locked at all times to avoid neighboring residents from using its trash dumpster and therefore its trash cannot blow out of its dumpsters. Eleanor Burr, a resident of 1930 Silver Bell Road, inquired as to what, if any, screening will be incorporated to screen the gas station from the residents across the street. She further stated that when the shopping center was developed, the residents were told that no filling station would be part of the development because of the neighboring residential uses.. The owner of Texaco again spoke stating that with an added motor fuel sale business in the area there will be a price war and he will beat McG's prices. Chairman Miller noted that it is not the Advisory Planning Commission's decision to say how many gas stations are permitted in the area, its task is to dccide whether the proposed use is compatible with the area, not to decide which business was there longest and who has the best prices. Mr. McGuire added that the proposal is merely an attempt to enhance the area and to serve the residents of the area. Mr. McGuire further stated that to enhance a better traffic pattern, it added a right-turn lane only for egress from the site. Mr. McGuire also stated that the proposal incorporates landscaping planters to be located in front of the pumps which will screen the pumps from the street. Member Segal inquired with the applicant as to its proposed signage to which Mr. McGuire stated that there would be two signs on the north and south side of the canopy measuring three feet by five 612 432 3780 SENT BY: 12- 1-95 :11 :59AM : SEVERSON SHELDON- 681 4694:# 8/11 feet and one monumental sign which now.exists on the property. Member Burdorf inquired about a traffic safety issue with the main access lined up directly with the drive area between the pumps and the store. Mr. McGpire stated that currently that area is used for parking spaces now and they have not had a safety issue. Member Carlson clarified that the concern is not parking in front of the store but using the drive aisle between the store and the pumps as a through way to the center by vehicles coming off of Silver Bell Road. Member Carlson inquired as to whether the wider access may be moved to the west side of the pumps, as opposed to having it go through between the pumps and the store. In response to a question Planner llarlicker explained that state law regulates from which side of the tanker fuel may be dispensed and therefore the traffic pattern proposed allows the trucks to enter from the eastern driveway and exit from the western driveway. In response to Member Thurston's inquiry, the applicant explained that the proposed site configuration of the pumps are different than as proposed with the 1989 conditional use permit for the following reasons: (1) the grade of the driveway area; (2) more efficient traffic pattern; (3) greater highway visibility/exposure; and (4) less cost in providing visibility from the store to the pumps. Mr. McGuire further added that the proposed motor fuel sales will not add to the volume of traffic but merely serve the existing traffic in the area: Chairman Miller suggested .that the Advisory Planning Commission examine the issue in two-fold: that it first decide whether the proposed use is even compatible with the surrounding area and if so then examine the details of the site plan. In response to Chairman Miller's inquiry, City Attorney Dougherty stated that with the 1989 conditional use permit, he does not recall any neighborhood opposition to the proposed use. Mr. Dougherty further stated that he recalls that grade changes onto the site was an issue, along with problems with blowing garbage. Mr. Dougherty noted that the City Council did approve the conditional use permit in 1989. Member Segal stated that the property is properly zoned for motor fuel sales, and if the use meets the City Code requirements than a conditional use permit should be approved. Member Segal stated that he is not convinced that the proposed use is not compatible with the surrounding area. Member Thurston added that he believes that in considering compatibility, the Commission members should take into account that it,is proposed to be a 24-hour operation. Member Segal stated that the Commission could add a condition which restricts the hours of operation. Mr. McGuire advised that McG's, as a convenience store, is currently open 24 hours. Member Segal responded, however, that it will not be just a convenient store but will be have gas service with extra lighting from the canopy. Community Development Director Reichert advised the Commission of the City Code's r quirements for hours of operation for motor fuel sales. Member Segal stated that he believes that the hours of operation should be more limited. Member 612 432 3780 SENT BY: 12- 1-95 ;12:OOPM : SEVERSON SHELDON-. . 681 4694;# 9/11 Segal further inquired with Mr. Tinker whether condition number 3 is acceptable to the property owner, Chaska Investment Limited. Mr. Tinker stated that it was not acceptable to the landlord because it was his opinion that there was no problems with the trash or garbage. Chairman Miller suggested that the property owner install trash enclosures to avoid trash being blown around the site. Mr. 'Pinker stated that the property owner is willing to install more plant screening to screen the trash dumpsters from the adjacent property owners and is willing to - work with staff on the trash issue. • Member Segal moved to recommend approval of the conditional use permit subject to revising condition number 2 to read the property shall be maintained free of litter in a clean and tidy manner and all litter shall be picked up on a daily basis; condition number 3 should be revised to read the property owner shall provide trash enclosures for each and every tenant of the shopping center; condition number 7 should be deleted; and a condition should be added to limit the hours of operation for McG's from 5:00 a.m. to 11:00 p.m. Member Segal moved, Member Heyl seconded a motion stating that she basically concurs with Member Segal's revised conditions but believes that they are somewhat to restrictive. Member l-leyl added that she takes into the account the resident's concerns, that the extra lighting from the pump canopy will create a more intensive use which would be more intrusive to the surrounding residents; thus requiring landscaping to cover or screen the lighting, although the use is compatible to the area; that requiring the property owner to install 20 trash enclosures is a bit restrictive while a central trash collection enclosure may be the least restrictive means of accomplishing the City's objective; and that she disagrees with Member Segal's restrictions on the hours of operation, stating that leaving the store open for other sales except gas at 11:00 p.m. does not make sense. • Member Carlson stated that she concurs with Member Heyl with respect to the limitations to the hours of operation. In response to Member Burdorfs inquiry, Member Segal stated that the hours of operation should be restricted because the use is located directly across the street from single-family homes and the use is not isolated. Member Segal added that he foresees the intrusive noise and use during • the late hours and the residents need protection from these uses. Chairman Miller added that when residents are adversely affected directly by a use, the Commission members need to listen to these residents and consider their. concerns. Member Wallace stated that the resident's concerns were more focused on what they had to look at, as opposed to the noise or lighting. • Member Segal moved to amend his motion to delete the condition limiting . the hours of operation and moved to recommend approval of a Conditional Use Permit to allow motor fuel sales on Lot 1, Block 1, Silver Bell Center Addition • LV 7 • • 612 432 3780 SENT BY: 12- 1-95 :12:OOPM ; SEVERSON SHELDON-. 681 4694:#10/11 • (PDQ) located at 1969 Silver Bell Road in the SW'/. of Section 17, subject to the following conditions: • 1. This permit shall be recorded at Dakota County within 60 days of Council approval. 2. The property shall be maintained free of litter in a clean and tidy manner and all litter shall be picked up on a daily basis. 3. The property owner shall provide trash enclosures for each and every tenant of the shopping center. 4. The applicant shall submit detailed information on the type of lighting, the colors and materials to be used in the canopy. S. All signage.shall comply with Sign Code requirements. 6. The four parking spaces shown at the west end of the pump area shall be eliminated. 7. The property owner shall enter into a Proof of Parking Agreement with the City. 8. Existing and proposed parking lot lighting shall be shown on the site plan. 9. A revised Landscaping Plan shall be provided that will screen gas pump area from the adjacent residences. 10. The applicant shall located the existing utilities to ensure that they are not affected by the proposed improvements. All approved in favor except Chairman Miller and Member Segal. • • • PLANNING REPORT CITY OF EAGAN REPORT DATE: November 15, 1995 CASE: 17-CU-29-10-95 • APPLICANT: Mc G's Inc. HEARING DATE: Nov. 18, 1995 PROPERTY OWNER: Chaska Investment Limited "PREPARED BY: Scott Harlicker REQUEST: Conditional Use Permit (motor fuel sales) • LOCATION: Silver Bell Plaza Shopping Center, 1969 Silver Bell Road COMPREHENSIVE PLAN: Neighborhood Business (NB) • ZONING: Neighborhood Business (NB) • SUMMARY OF REQUEST Mc G's Inc. is requesting approval of a Conditional Use Permit to allow motor fuel sales as part of Mc G's convenience store in the Silver Bell Plaza shopping center, platted as Lot 1, Block 1, Silver Bell Center Addition, located at 1969 Silver Bell Road in the SW 1/4 of Section 17. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4. C. states: The Planning Commission shall recommend a conditional use permit and the.Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety,or general welfare of the neighborhood or the City. • B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. • • Planning Report - McG's CUP • November 28, 1995 Paget • E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic • congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY - Silver Bell Center Addition received final plat approval in February 1978 and the shopping center was constructed in 1979. The space currently occupied by Mc G's, was previously occupied by PDQ, which leased the space for the previous 15 years. On March 21, 1989, PDQ received approval of a Conditional Use Permit to allow motor fuel • sales. The permit allowed two fuel pump islands and a canopy to be located directly south of the strip center and Silver Bell Road. The applicant did not proceed with construction of the fuel pumps and canopy and the CUP expired. EXISTING CONDITIONS The 6.45 acre site contains a 40,100 square foot shopping center and 243.parking spaces. The parking lot has curb and gutter with several landscaped islands. Access to the site is provided by two driveways on Silver Bell Road; there is no access to the site from Highway 13. There are currently 12 tenants in the plaza with three vacant spaces. Existing signage includes an identification and time/temperature pylon sign along Highway 13 and a ground sign identifying the center on Silver Bell Road. The rear or east side of the strip center faces existing multi-family residential (Easy Street Apartments) and provides service access to the entire center. This area has individual tenant trash/recycling containers stored outside of the building. This storage appears disorganized and the area is generally untidy including blowing trash and overflowing dumpsters. The property wner should provide the City a plan for unifying the appearance of this area and assuring on- going maintenance. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: • • North - vacant; zoned Planned Development and R-3; designated IND and D-III mixed residential (6-12 unit/acre) • Planning Report- McG's CUP November 28, 1995 Page.3 • South - residential apartments and single family; zoned R-4 and R-1; designated D-III mixed residential (6-12 units/acre) • East - residential apartments; zoned R-4, designated D-IV mixed residential (+12 units/acre) West - McDonalds restaurant; zoned GB; designated NB. EVALUATION OF REOUEST The Mc G's convenience store and motor fuel operation will be open 24 hours a day. The proposal includes the addition of the two fuel pump islands with two pumps each (four pumps total) and a canopy located in front(or west) of the store in the main parking area of the center. Other alterations proposed to the site involve shifting the easterly access from Silver Bell Road to the west approximately 10'to better line up with the internal access drive through the parking lot and widening this entrance to approximately 40', elimination of two landscaped parking lot islands, and the elimination of 21 parking spaces. SITE PLAN • Architecture-The proposed canopy will be 50 feet wide by 52 feet long and 18'6" high.Vertical clearance will be 14' 6". The elevations provided do not indicate what colors or material will be used or what type of lighting will be provided. Canopy illumination is a concern because of the adjacent residential land use. The applicant should submit information regarding lighting, colors and materials. • Signage -Two signs are proposed for the south side of the canopy and two are proposed for the north side. Each of the signs will be three feet high and eight feet long. The Sign Code limits building signs to 20% of the gross area of the building side adjacent to a major street. In this case, signage is limited to the sides of the canopy facing Highway 13 and Silver Bell Road and is limited to 40 square feet per side; the applicant is proposing two signs on the north side and two signs on the south side of the canopy, for a total of 48 square feet per side. The applicant should reduce the size of the canopy signs to comply with 40 square feet per size requirement. Setbacks - The proposal complies with all the building and parking setback requirements. The edge of the canopy will be 95' 8" from the front property line on Silver Bell Road and 76' 11" from the side property line adjacent to McDonalds. • Parking-The proposal results in a shortage of on-site parking. Based on the 40,100 SF shopping center, the City Code requires 233 parking spaces. There are currently 243 parking spaces on site; 'however, the addition of the gas pumps and canopy will eliminate 21 parking spaces. Several parking stalls in front of the store will have to be removed to provide a clear line of sight to the gas pumps from inside the store and the remaining spaces will be eliminated to make room for the gas pump area. Planning Report - McG's CUP November 28, 1995 • Page 4 The applicant is proposing to provide 214 spaces with an additional eight spaces at the pumps . for a total of 222 spaces. There are four parking spaces proposed at the west end of the gas pump area that will be in conflict with vehicles entering and exiting the pumps and should be removed, resulting 218 spaces provided, or a shortage of 15 stalls. The applicant has agreed to designate an area at the north edge of the site as "proof of parking" to cover the shortfall. Lighting-The site is currently illuminated by light poles located on the existing islands within the parking lot. No additional lighting is indicated on this site plan. However, since McG's will be open 24 hours a day and there are residences on two sides of the site, the applicant should show what type of lighting will be utilized to illuminate the canopy and gas pump area. Lighting should be limited so there is no spill-over off site. The developer should also show the location of the existing light poles. • • Access/circulation-Access to the site is provided via two existing driveways to Silver Bell Road. The site plan calls for maintaining the existing 24 foot wide driveway located in the southwest corner of the site near the McDonalds entrance. The second driveway is located near the center of the site and serves as the main entrance to the center. The applicant is proposing to shift the easterly access from Silver Bell Road to the west approximately 10' to line up better with the internal access drive through the parking lot and widening this entrance to approximately 40'. Landscaping- The applicant is proposing a small amount of additional evergreen landscaping in the space located between the two access points to Silver Bell Road to screen the gas pump area from the adjacent residences. The applicant is also proposing flower planters on the two fuel pump islands and on the landscape islands north and south of the gas pump area. Landscaping should be increased to maximize the screening of the motor fuel operation from the adjacent residences south of Silver Bell Road. Grading/Wetlands - The applicant is not proposing to change any grades on the site other than for construction of the gas pumps and canopy. There are no wetlands on site. Storm Drainage - The project will not require alteration to the existing storm drainage system which drains into an on site drainage easement along Highway 13. Utilities-The site is already served by sanitary sewer and water. The applicant should locate the existing utilities to ensure that they will not be affected by the proposed improvements. Compatibility with Surrounding Area-The shopping center has been in this location since 1979 and is on the northern end of the Cedarvale shopping area. The addition of the motor fuel 7 Planning Report - McG's CUP • • November 28, 1995 Page 5 operation and canopy will alter the character of the shopping center by likely increasing the amount of traffic utilizing the south end of the site and 24 hour operation will require more of the south end of the site to be illuminated all night. To some degree, this will impact the. adjacent residential land use across Silver Bell Road. Proper lighting and screening will be necessary to limit the affect of this proposed conditional use on surrounding properties. SUMMARY/CONCLUSION The addition of motor fuel sales requires a Conditional Use Permit. The proposed fuelsales can work internally on this site; however, a 24 hour motor fuel operation will intensify the amount of traffic and security lighting at the south end of the site which is across the street from existing residential land use. The proposed conditional use presents compatibility issues with existing development in the area. The proposed use can be accommodated on site with the modifications discussed earlier in this report; however, screening the gas pump area from the south will be important and a thorough review of proposed lighting of the canopy and surrounding area will be necessary. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit to allow motor fuel sales as part of Mc G's convenience store in the Silver Bell Plaza shopping center, platted as Lot 1, Block 1, Silver Bell Center Addition, located at 1969 Silver Bell Road. If approved, this Conditional Use Permit shall be subject to the following conditions: • 1. This permit shall be recorded at Dakota County within 60 Days of Council approval. 2. The property shall be maintained. 3. The property owner shall provide the City a plan to unify the appearance of the trash/recycling container storage in the service area behind the building. 4. The applicant shall submit detailed information on the type of lighting, the colors and materials to be used in the canopy. 5. All signage shall comply with Sign Code requirements. 6. • The four parking spaces shown at the west end of the pump area shall be eliminated. 7.. The applicant shall revise the site plan to show the area on the edge of the site to be • dedicated for 15 "proof of parking" spaces. (--) 3 . • Planning Report - McG's CUP November 28, 1995 Page 6 8. The property owner shall enter into a Proof Of Parking Agreement with the City. 9. Existing and proposed parking lot lighting shall be shown on the site plan. 10. A revised Landscaping Plan shall be provided that will screen the gas pump area from the adjacent residences. 11. The applicant shall locate the existing utilities to ensure that they are not affected by the proposed improvements. • • FINANCIAL OBLIGATION: 17-CU-29-10-95 LOT 1, BLOCK 1, SILVER BELL CENTER There are pay-off balances of special assessments totalling SO on the parcel for which the conditional use is requested. At this time,there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based n the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk C/I 5.116/s.f. 140,400 s.f. $16,286 The above financial obligation is presented for informational purposes. It is not a condition for the approval and issuance of the conditional use permit. • • • • .1 .... . . -.... . . I". . • . _ • . I ' 1 / . . . rilite ic• l 1: I ' 1 t ' / S I • :...........„. _____ A.Ir I 0 I 0°1 I / • 47 a 0 . 0144 • ye 4,01.i.,, I /I I . I I , v 0 I- ASHBLI I * ..i.' AC4H4*4- SIC' HILLN . 3 1 PARK -#. CKSINIK LN.I I 452 i S 4%iiir tACATFRrY Id r5:, , ' ''' SC> t, r 4' F 1 A r \ KY110 IN i-7.1 . L110 1 I . 1 % 1-. rce,„.,. .....- 1 - , i ., 4+ .f. ,j1 mA2EL ,,,,,•:,' ,• I • ft:Agri' . 1 L ' '11SILVER BELL 4, SILVER DELL_•. A. .—.. ' 1 ,.i ,—1,4 U.16ry*,1 1.L; Z to 4.,F .._,,it 1 V I It I i 71 ''' ,L__. _.:.;r4nr V -i @ i _.■ „ _, i 11. #. lot, ,-, 1, A- di. N I ■.'IC I •-- -11- ., # c",S) ..9- 4.. (... e., ,.. .1s. ,E ,N:. 0 ir: diY 64t.. 11111SIM WOODHAVEN ..,,, - I . C, I V) •.•C. • I AN. 4.....1. 03 .... •C Ci larzaiq i 4? 4 Alliki°147111174”I. 8 .i":1-E1-1 Lltraii z! ,..• -,,•- ,, A LI .. # P`."-',4?, eft . _:`,• . I. _ . •‘-- KfLiwooD I i,-, L • . ,.... ___. . MCI R I 2, 44 • 1 0 s-- 1.- c., Lc ! f IRAL r. it . TR UMW i :LEY >- .c I A nar rit'Set 46" 1 PLAA 41 ; w Vli r ____ LCSTONE I --.4 ARNELIAN ./.• SAPP fir.i LA 4.- 3.' is • r s in " PARK •..1, 4,.... g, _...j II--i- ..,..- _.00..A ci...a- ; i-glvjg '''' cit.L44) k 1. 4 v, - /- ..., . . . . S . CEDAIV sr i e...ePo,RN Ko 1 6 ue,f O. •,IZIRCal LA. -Qvf.al n„... -- - --Trri I T-1 1 I A: 941 rn,m, ,. 511--1 muu ,,2 K CT.- - - I 0,- 4:-.:;..za--ir a I / II-1- • , LOCATION • 7 (6) • • • • � R,y,�7+a4�t�;�if ,k; ,.f�;� r,.�',�~r 4.41441Y.' ,►'rSylF/. �' .'/...:11 +!�,.�;yy,FLEr;ri�,'.irr��(�-{�;�,....pp+�+,•'�•' / 4 �.� �� I,.,.[....... •:c•,,:t -- •-•-•.. & i'lv.7„7'1:48 v..A`i''.14•.?':' / voko,:.,-' '..'r, „,..,1., . ..1 .- , r:• ",:,:3:11,., K. / '. •,,,%,, t,1.4.4. '' •1,,T,:T� i ;+•f i'dPtilf 1. 11•; n ,. ',,;.:„.;.'.IIq, : • ',%;,11 It•� t::.1 ” ;i..,a ,•'i•', ff ii• 6• ZONING < ..••;irk. .:A,.•?>:: « Li+i,4r . I0 Y'rt'�'il.:+' qtr,. .Ily i4„r I?'S•, j,;�f l,y r ' _ ' ;f01t.��y e4”,viii- V'� ..fir.R ,_D••• NB - Neighborhood Business (��.•'�:'yr�- /...'...../.,1,4•-,'.'' '�'^ ,, , 'VI. \f, �°yTw„ • `�M \ •4'5�,y� "��';F i;r'' �. • _.,� r4 :1 w, 1 , � 1 `1� i rj/'�• VIA 044 I ,itdT' . 1, ai•4.11 er ibi,lr •ics. c 1, ;)'1::.•t ! 'te R ' ^' +4,•.�,, C� r` ! 1 ii' '� 'r Re \ :,7-+i ' _,o '- •' >r1�la: (rii , /:', . Ir, . ilia �FI•{ill 1`111 illl,inn ,11 l�Y1J rr -4. n6. rirmoil lie,, . � �'� i,,,,, d. irr li�n n u f, I till piiii.•' gti* ti„. I i /r(/'•rTR .id1 �r�.��•r'•n,,"'•> • �rT + iirr!Pa 1 e /1..JI I ;rrirWIr / �'.l -] •f+�lL.','�'i Pt'G._il•A:ki r..y..,•. . • n .l-%4„--141:g 6h a } 1 •,r'4 sal—"1):1^i:l •,!'•IiA+I,�.y,s�t. 1/ AV=' 4. y i.�,1;, �. yi a Iq 6'.? COMPREHENSIVE GUIDE PLAN � . ,e� F • 1�� _-, NSIVE LAN ,,;,, ; �.1; 1 , .,,• �i wt' _ ';t' : :� " It .`f,ty � ;{8.,I.T:e7,y�, jJ7�• 44�.l r'',• I,�•r,' 1r Ste.ai!y�`"4 NI.;1fIt i,r yf t ,t, F l 1 r• 0.1 NB Neighborhood Business s K` ,i-ili 4 � �•' Al• • • ,...44\k/ t'•v• ,..,.,,. •,.t.0.4:0-1 •,.•-4,4 •i* . y r . f '". , , ; • 6 \ ie M • ;��pp7„ I:Itc ` �st, 0,• Till '.. Y, r., .7iv 5 J4 y.'alt' ..„:ii D i, . • 14^ a,. ...,....40......• a 4. .i..!iO.: '4 may;i' djr r 1 ; -'f i I' ' r�.. : r.. , ..,:fir ►�� ,v.- . /,.,;Ars.•:... „:5:44.....,.. ii ,Ilir i. • aviort .i_ ir.,.,./... . ,s• ,. . 7 7 ,.: 7 ..:4.1i(1.,,,,,,•: . .,_,;.,4.4i,o,.,,_,,. co ..... ..„,..m\p,,,..,. 1,4.. rz.... LOCATION MAP i • i r '/• �� / • / '1 1 l -,, o .� . / / I i 6ii. � . . � /ice / > , i � . z;.."-•,,,5./././,;:9//,1,/r _ ,..> .ipt.\ i 7 a 0 i ,, .1,,...///:;;" ,,,,.. .::-k\ 1 I ' / ;,,/*/ti ' ; /. ',1°''''/ -r,.''', ) 1 / - /1 (///' / •�� \ /�'�� !% ji'/v ��/ /� ,►/r� / ��/ c•*J it l/// t).... ._, .., / i�/ / '�::?; °� ' GS% , /-n� k (� j�N• • / Sri ///; �j / �f '(1 \ \\ ` /r/ A �\,ii ,�� II /Pv s 1��///// i / / • , %/�// \.• •\ //// '' I ` \\ .4 11/ • I /// / / / / / rr,� //p, �! • �\\ i ' \ I I tl :�. - � III) I�rI / U :%;�� /// �� I. I i �; - I �I tip$ o — I/ 1 I I ' 1 c`� ....... , / ./%/ s vim,/, ` ♦• ..i, @� j�, / l 0 �—�J e Lo / //r/ Z CY -(' NG ' II ,rte.- -_� _ - -- __ ,.,� - _ - ss c Ir- —=_r . �4 /1,,,r/ - II it ■ 1 I $ii i y �J 1 r r 11T, 0 1 .--!..., / ..1 \ II ' ic-i■' ) \ _ 11 II gig (( v _r --,-, 4 " Lit ti�. -� . - ,;r- 050 04 o / 4 0-� ,.�5. �' �► j_`gA//J. �I '71 aa ~/ Lap; 1 C`` '' \`-, / i Y till .• `1.4. I 40 1 • 7g . • . • • • I • —..40.:.ottO.Oipf-OOBOZ— , 4w d %- a.cw/v..%� `'� 58�li os I , - - H I % I I I . • (Or. % 7.......; . izzl• - t O • pi ... .r .. ••• T. i \' Y �.r_ J'.e •c . 41 v Pe 1 \ V , \ :::, ';:. v.. !i: j I t re; k . ____• • . • • "V: 1..v:\ . .. ;`•. .-N.• . - ..• :- L.l.; I \l, t kk.1 1. _I:k 4.4„.,...7... t, ; t!kt! .. .... .. . QV ik,.,4 : • . • • Fa: 4 Ik■r) • CO t. • s I 1 ON 1� 1 is,... ! I. I —.: '46. • •i :.A -: ., • -T . ��.. _' .. j _ • ek r•.ry..fJ!' .,a; �..- •/�f/� - .i//Qo.ij,. {o I V :..: b u I ■ - h is ., /9m 6141" '"?• ri—t-1 .. ;•„___I :h. . _ 4 • '41/4 I rl • a ;• I J A ii • 3 Y L 1 il •� ' at r s7 i! - 1. I ' • W� I i i l ... • M 1..r.? j �ji • S d Z LI!! Ifflh1I1 Z in I,1/ • it 31 � '•M �v -, • -• 13 ifillo, t• i . 11 . 1111 • .)1:414• { . CO til Oc. . 4 [. . ....... 44, . y�..i agar.IS ` t+. I . lO ; IL a Ai'�1 \ \ 1111. � ''''''''"4,:,....?"''-). a. -_ G mm fJ Q O . 44 `�.\ \ /411 ; -__ 1 0 1 W FVC W •\ •••,.\`+ :. •�\ fjf��1 • • 111.111 ,� J FYI < It U •• '•. .� u o • qk t • •;,., - o In '. \:�` �s `'' Q nil ti N • ` I ! • • • \ \AH. ,;."',. . 1 1 ........2::::1-L fir4p1641., c2 0 i VI I • a� . I I, - 1..�. J il .... •H n� • .t. \ 1 u k r1 �' t ° II • f . fi y n4)u w 1 �. 1. 1 Z 7 "if \ 1 IU J Z. • ILL.1 > <(. (...) CD • e. r t� i :yr ............I... Q •IV •:... : .::....:..: :..:::::.i:u. 11.3 - r:....................:...... :: ..0....:::01..‘:41. ... ......t:...... / ,,e, , `e&\ 's i ................................................................. , 1 . _do A -, 0 \ • . olltIriboo . ....:,;.;. . o;L::r.-: 4, „. 'sue �V • '• •r 1 ay IYO \ •. i � � '• a n ti C 1•,jw ► a:.N•tt , . ,./ +4111U th it4,,_ • 7■ Tt• 1 f �j .. .;% te•4:. ".1 >0 ( 1 ' ct.tt ' j. re, 0 II:: \ _ _ . . ,! ///',.• , ; i`R J 9.•� to •1... •!IT .L ..le ' \ - \ ...- - 5 O / .. o m °z *n- O W • Q Agenda Information Memo December 5, 1995 Eagan City Council Meeting B. WAIVER OF SUBDIVISION FOR GOPHER RESOURCE CORPORATION ACTION TO BE CONSIDERED: To approve or deny a Waiver of Subdivision for the purpose of legally separating a four acre portion of a 13 acre unplatted parcel (PID # 10-01200-010-53) located on either side of the Soo Line Railroad,just north of the Gopher Resource recycling plant on Yankee Doodle Road. FACTS: ► The four acre portion of the 13 acre parcel is physically separated from the 9 acre portion by the Soo Line Railroad right-of way. ► The waiver will allow Sash Investment Inc. to sell the four acre parcel, located to the west of the Soo Line Railroad, to Gopher Resource Corporation. Access to the four acre parcel will be via Gopher Resource's existing driveway from Highway 149. ► There are is no zoning change or development associated with this request; however, the applicant has indicated future plans to build a plastic recycling facility on the four acre parcel and property to the west that will be acquired through an exchange agreement with the City. An amendment of the Gopher - Eagan Industrial/Residential Park Planned Development governing this site will need to be approved by the City prior to any development of the property. ► The Advisory Planning Commission conducted a public hearing on this item at its regular meeting on November 28, 1995 and recommends approval of the Waiver of Subdivision subject to the conditions in the staff report with the addition of a fourth condition that the applicant shall provide evidence of an ingress/egress easement from the site to Highway 149 and that the easement document shall be recorded. ISSUES: ► Residents of Hillside Drive expressed concerns regarding future development of the property. They were told that specific development plans would be the subject of future public hearings BACKGROUND/ATTACHMENTS: (2) APC minutes of No tub 95 er 28, 19 ages ' through J . Staff report, pages through Ca . 612 432 3780 SENT BY: 12- 1-95 ;11:57AM ; SEVERSON SHELDON-' 681 4694;# 3/11 Chairman Miller opened discussion for public comment; no persons came forth. Member Heyl stated she was surprised, but concurred with the public's comment at the November 15, 1995, Airport Relations Commission meeting which was in overall favor of expansion, rather than relocation of the airport. Member Hey! further stated that the draft findings and recommendation also reflect a discussion of the pros and cons of each option, but the Advisory Planning Commission's overall opinion is that an expansion, rather than the relocation, of the airport best fits the City's needs. Member Hey!moved, Member Thurston seconded, a motion to recommend approval of the draft Advisory Planning Commission's findings and recommendations. Member Wallace stated that he supports the draft findings and recommendations, in addition to Member Heyl's motion, but stated that the findings and recommendations should be amended to specifically note that the Advisory Planning Commission unanimously supports the expansion of the airport. Member Hey! accepts Member Wallace's request to amend her motion. All approved in favor. PUBLIC HEARINGS • WAIVER OF SUBDIVISION -GOPHER RESOURCE CORPORATION Chairman Miller opened the first public hearing of the evening regarding a Waiver of Subdivision for the purpose of legally separating a 4.0 acre portion from a 9.14 acre unplatted parcel (PID #10-01200-010-53) located on either side of the Soo Line Railroad, just north of the Gopher Resource recycling plant on Yankee Doodle Road, on the west side of Highway 149, in the SW% of Section 12. Planner I-Iarlicker introduced this item. Mr. Harlicker highlighted the information presented in the City staffs planning report dated November 15, 1995. Mr. Harlicker noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Harlicker specifically noted that Gopher Resource Corporation's request for a waiver of subdivision is to separate four acres from a 13 acre unplatted parcel which is physically separated by a Soo Line Railroad right-of-way. Mr. Harlicker further noted that the request involves no development of the subject parcel, but Gopher Resource Corporation is contemplating the construction of a new office/manufacturing facility on the four- • 612 432 3760 SENT BY: 12- 1-95 ;11:57AM ; SEVERSON SHELDON-' 681 4694;# 4/11 acre parcel and adjacent property to the west of the four-acre parcel in the future. Finally, Mr. Harlicker stated that a fourth condition should be added to the waiver of subdivision if approved which would require the applicant to obtain an access casement to Highway 149 and said easement shall be recorded with the Dakota County Recorder's office. John Tapper, a representative of the applicant, stated that the contemplation of development on the subject property is merely in an architectural phase and any construction will first occur in mid 1996. Dave Kratz, a resident at 674 Hillside Drive, inquired about the affect of the future development to the property values to the adjacent residential lots. Chairman Miller explained that the only issue before the Commission is whether the subject property should be split into two separate tax parcels, and it is not for the Commission to decide at this hearing on the issues of development of the property. Community Development Director Reichert added that the request for waiver of subdivision gives the property owner no specific rights to specific uses on the property. Joel Kennedy, a resident at 682 Hillside Drive, inquired about the environmental impact of the surrounding area in the event of development of the subject property. Mr. Kennedy added his main environmental concerns are soil issues, exhaust from the facility and noise pollution. Chairman Miller noted that those issues are not of consideration with the applicant's present request but if and when the applicant plats and develops the subject property, the surrounding property owners will receive notice. City Attorney Dougherty clarified, however, that the surrounding property owners may not receive personal notice of any platting or development. Chairman Miller requested, however, that Mr. Kratz and Mr. Kennedy receive personal notice of any request for platting or development of the subject property. Member Heyl stated that she shares the concerns of the residents but the conditions of the waiver of subdivision approval will assure that the City retains control and review of any development of the subject property in the future. • Member Heyl moved, Member Wallace seconded, a motion to recommend approval of a Waiver of Subdivision for the purpose of legally separating a 4.0 acre portion from a 9.14 acre unplatted parcel (PID 410-01200-010-53) located on either side of the Soo Line Railroad, just north of the Gopher Resource recycling plant on Yankee Doodle Road, on the west side of Highway 149, in the SW'/, of Section 12, subject to the following conditions: 612 432 3780 SENT BY: 12- 1-95 ;11 :58AM ; SEVERSON SHELDON-+ 681 4694;# 5/11 I. No building permit, grading permit, or other permit required to develop or to construct any structure upon the property shall be issued unless the property is first platted. 2. The property shall be subject to all subdivision regulations in effect at the time of platting. 3. Gopher Resources shall provide current status information such as lot configurations, land uses, and future development plans for the Gopher Eagan Industrial/Residential Planned Development prior to any development occurring on the four acre parcel. 4. The applicant must obtain an access easement to Highway 149 and said easement shall be recorded with the Dakota County Recorder's office. Chairman Miller stated that he concurs with Member Heyl. Member Segal inquired with the applicant as to whether it is the intent to combine Parcel A and C with the existing adjacent parcel to the southeast. Mr. Tapper stated that Parcel A and C will not be combined with the existing parcel because it will be under separate corporate ownership. All approved in favor. • • L(. • PLANNING REPORT CITY OF EAGAN REPORT DATE: November 15, 1995 CASE: 12-W-5-10-95 APPLICANT: Gopher Resource Corporation HEARING DATE: Nov. 28, 1995 PROPERTY OWNER: Sash Investment Co. PREPARED BY: Scott Harlicker REQUEST: Waiver of Subdivision LOCATION: SW 1/4 of Section 12 COMPREHENSIVE PLAN: IND, Industrial ZONING: LI - Light Industrial SUMMARY OF REQUEST • • Gopher Resource Corporation (GRC) is requesting approval of a Waiver of Subdivision for the purpose of legally separating 4 acres from a 13 acre unplatted parcel (P11) # 10-01200-010-53). The 13 acre parcel is located on either side of the Soo Line Railroad, west of Highway 149 and north of the Gopher Resource recycling plant on Yankee Doodle Road. The waiver will allow Sash Investment Inc. to sell the 4 acre parcel, located to the west of the Soo Line Railroad, to GRC. Although there is no zoning change or development associated with this request, the applicant has indicated future plans to build an office/manufacturing plant on the 4 acre parcel and adjacent property to the west. BACKGROUND/HISTORY The GRC operation located at the NW intersection of Yankee Doodle Road and Highway 149 is part of the Gopher Eagan Industrial/Residential Park Planned Development. The PD was initially approved on July 20, 1976 for a term of 15 years. The PD expired in 1991 but has not been formally terminated by the City Council. The parcel that is the subject of this request for a waiver of subdivision is not part of the PD. • The Gopher Eagan Industrial/Residential Park was intended to be a mix of industrial, office and residential land uses with the majority of land designated for industrial uses. The total acreage of the PD was 427 acres with 19 acres designated for office, 44 acres designated for mixed . residential and 289 acres designated for industrial. As part of the 1976 PD Agreement 17 acres were dedicated to the City and included as part of Wescott Station Park. Some of the property included in the original PD has been sold to other parties. West Publishing has purchased 187 acres south of Yankee Doodle Road, west of Highway 149 and east of Elrene Road which was • • Planning Report - Gopher Waiver November 28, 1995 Page 2 • • platted as West Publishing 4th Addition, 20 acres were sold to First National Bank of St. Paul and platted as part of Bur Oak Hills 2nd Addition and approximately 10 acres west of Elrene Road were platted as part of Woodlands North PD. There have been three subdivisions approved within the PD since 1976: Gopher Eagan Industrial Park First Addition received final approval in 1976 for 16 lots and is currently undeveloped;UPS First Addition received final approval in 1985 for one lot and two outlots for their trucking facility on Highway 149; and Gopher Eagan Industrial Park Second Addition received final approval in 1987 for four lots and nine outlots. All of the following uses are located within the Gopher Eagan Industrial Park Second Addition: The existing Gopher Recycling facility is located on Lot 1, Block 2; Consolidated Freight has constructed a truck and freight terminal on Lot 3, Block 1; Twin City Wire is located on Lot 1, Block 1; and Marvyn Smith & Son is located on • Lot 2, Block 3. Gopher Resource would like td construct a new office/manufacturing facility to the north of its existing facility on Yankee Doodle Road. This request for a waiver of subdivision would allow Gopher Resource to acquire a portion of the property needed to build this new facility (shown as Parcel C on attachment A). The remaining portion would be acquired through an exchange agreement with the City. The City has acquired title to tax forfeited Borchert-Ingersoll property from Dakota County (Parcel D). Gopher Resource presently owns Parcel B. Under terms of the ' exchange agreement, Gopher will exchange Parcel B and trail easements over other property owned by Gopher for parcel A. After the exchange, Parcels D and B (along with trail easements) will be used by the City for park and open space purposes. A portion of Parcel B will be leased back to Gopher for the operation of the compost facility currently located on the property. Gopher intends to use Parcels A and C to construct a new potentially 100,00 square foot office/manufacturing facility in the future. Access to Parcels A and C will be via Gopher Resource's existing driveway from Highway 149, which lies in the northerly portion of Lot 1, Block 2 and Outlot E of Gopher Eagan Industrial Park 2nd Addition. The development plans show an area for outdoor storage, the developer should be aware that any outdoor storage will . require a Conditional Use Permit. EXISTING CONDITIONS The site is currently vacant with a slight slope from the west to the east. The site has been previously graded and is covered with grass. The 4 acre portion of the 13 acre parcel is physically separated from the 9 acre portion by the Soo Line Railroad right-of way. The property is accessed from Highway 149. • y7 Planning Report - Gopher Waiver • - November 28, 1995 Page3 The Gopher-Eagan PD has not been updated since the original plans were submitted in 1976. The applicant should provide the City updated information for the entire PD. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - vacant; zoned :LI; designated IND South - Gopher Recycling plant; zoned LI, designated IND East - Highway 149, residential; zoned R-1; designated D-I (0-3 units/acre) West - vacant; zoned LI; designated IND SUMMARY/CONCLUSION GRC is requesting a Waiver from subdivision regulations so that the 13 acre parcel can be split and sold without being subject to subdivision requirements and dedications. The requested waiver will provide a legal separation of a parcel that is physically separated by railroad right-of-way. Although there is no zoning change or development associated with this Waiver, GRC intends on developing the 4 acre parcel and adjacent property to the west in the future. The original PD Agreement for Gopher Eagan Industrial/Residential Park expired in 1991 but was not formally terminated by the City Council. In order to update this PD, the applicant should provide current information on the status the PD such as current lot configurations,land uses and future development plans. ACTION TO BE CONSIDERED • To recommend approval/denial of a Waiver of Subdivision for the purpose of legally separating a 4 acre portion of a 13 acre unplatted parcel (PID# 10-01200-010-53) located on either side f the Soo Line Railroad, just north of the Gopher Resource recycling plant on Yankee Doodle Road. If approved, the Waiver shall be subject to the conditions listed below. 1. No building permit, grading permit, or other permit required to develop or to construct any structure upon the property shall be issued unless the property is first platted. 2. The property shall be subject to all subdivision regulations in effect at the time of platting. 3. Gopher Resources shall provide current status information such as lot configurations,land uses, and future development plans for the Gopher Eagan Industrial/Residential Planned Development prior to any development occurring on the four acre parcel. • • FINANCIAL OBLIGATION: 12-W-5-10-95 10-01200-010-53 There are levied assessments with an unpaid balance of$16,508 which will be allocated to the parcels created by this waiver of subdivision. • l The financial obligation is subject to change based upon the areas and dimensions contained in the application. Based upon the study of 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 current fee schedule and the connection and availability of the City's utility system. Imarovement Use Rate Quantity Amount Water availability charge C/I $ 2,745/Acre 13 acres $ 35,685 • • • • �;0 i `� _ _/O'.JV \~ INTERSTAT-.E.... 494 SOC 41, -1111 -------e /' W tlE CENTAN g .1.! , ir , egit g ^ Syr 1.CT 1 �� r i 1 • l I �~' '1 5 I Cl] I r 41' ss r r • KKK • IKENNETH ST.Il CZ,‘„-_�._ ..�-- £ _-_____ ------—�-- •—- ✓ V~1 -,�,t - Y �• II....TRICE ST ,, i 1 s 1 r, CI 1`MeKEE ST. I1:LEXNGTO ,�f<• I PARK ' 0'4k a S 1 r 17 r . ,1 r 1 I i C2 F I� .S. POST w 1 • 1 1 xr e F E W 9U 1 • 7U 1 r 94 CO.I.. 26 i LONE OAK •OAD , LONE OAK ROA. _ CO. RD. 26 ? I 1 i 1 1 1 m.J Z 1 r r J J II DR I APOLLO 1 ROAD 1 iRUJt HH 1 Z 1 �� N� W O O La w < N ce O I < 1 ' ce 1 J r- 1 caw RD. 1 1 u IJ Id I <'l LA. -% 1 6 M PE��'nI In J c.;J 1 I f_n o-�• II IJ 'is ALDRN DR. ; M C 1 BUR K S �y 310 • 44„ IN Q Ip ul I 1 � . SIDE,1 Lch I 1 v 1 OILING t 1\I I I O ROLLNG I 1 I • h� HILLS -` -- -- _ I -_ -- - YANKEE DOE CT. -—_ 01 , RD. CARRIAGE HILLS 1E5c�07 o RD. 1 1 • I • CALF CAUS'SE J TRAL I 1c r w U2K 1 OLFVEw r...1 % J I yy l: �I g of I "r //� �f �N�..11 l OPPERMAN DR. : r�� i' !'P !!"'FAT fl K` 0 RMAN \ . 1 / 1 LOCATION . q . . • • • . P '- * — sTD .';'''..• L[11 ••• 104' '.,. .:'� Imo' 'T'• R•4 -I• •LONE k 11OAO, ;' Al ::e s n • s ■ . \�I& AuNra+'sq %14I w.T ,R-4 A_ fffllffr(____ • 11111 ' ZONING f- • II I '�� ; �l� j `�E ..--L1._ g _• .�,. NB NI i;•j!! R,;E,4 IV"M • LI - Light Industrial �i . .LI , •�::H. c\$ \�i.rilb.1 ' I. :.". A R`2 iAmp@l�llt �, N .— .w.f.'s- ._ • Q 1r��rl�eiU�ll_�$ '• wE9COTT :� '� d', ' / + Isl CARRIAGEil11p1, HILLS IA LI /' PD •• 1 AOORION —• COURSE GARkN PD R-4 •A • n-T•P , it . - " - .,. . 51111•iSA lt, J'-' , 11 Uhl* WESCOTT 1 i.LI .. .1 t:''''''':':it' liMit.) '.•tut.1('' I „.'1'...i.)■111,1-.4.1...1'..i.A) D-11 / „•li, j'011',,, VV.,: 4 '•'?,''%Al . 3-”71til\,..g. / 1 fA Yi• ''tt'it 1:4"..A.. I;k, _RON 1...it:. ••I 0 ,Illp..ti .. .... ...„........ 1 **1. ''4.1tt:111 1, *i''.C‘))1 ' ' 1 I.- WI° -----\....! COMPREHENSIVE GUIDE PLAN t' Agi1 �y 1*' r•.', , a / I 1 '" I t . 'li,uii:. '/ l.r,�{ r,,r :• " D-II 4. •IND - Industrial � �,,i ;; � �,• t g j , 4<..„ , 1111.\4:ALAAA. .11141 ,.:1 itr%.... . 4, v',,-,P. e7.,,,' 1.' 'v".;,,r4,.P....4;-15;,,,:v .- '....,,.,.1-tp.,. '; ,i. e.,yi A.,- .ti. . a4,9A.r.,. i;.., ..- t • ,Ili. ,,/ ' <iy,,.1'.. „ '3 •`v 3, r.. 1 %,.1..-.,.......,.1r 1' :� rat t_.i�.i ,. ..r-'''•S:.-.0 •-! 1 'tr.,:). o"._.•i'. -'' .i'''' i.67i '' (;;fr'IL, i-i'' ''''t9N-4.1.141.1. Ci ”: :•-• • •••■1'4.'. I,i''tsil,, '...4..,...0.1ifikk,:, .R..t1371.41.c1A.it..;. •. i l f•1..i.11Z7i 14.-,41. '.,0; 1'9 Rtl;r..�^I:,'•/ J dYl �41; c' \'T-V 4..;,I. r. .5/7.1; ' 4 AAA , ':. .r,t:'4 • c:? ( . • . • . I • • • • j I- l wa13— \--... • c .. 1 i �G d . 2� • a� . 001 . ' I F -1' 'Vt t �'9 9 :� S °�sQ '9 V. �Z n 0 ,, A ,.i 1 I �? r Csy9 , • C7F� . - s <a 4 • 1 E ti . . sue , ; P • VO. . ' \ . ., N y t�. y , -\ A li . osi� • • ro� o0_ 9 yA t Q a) if V �.4�G t `, •� p . p «W�MM um.N ma N& Ir.=Mf scram,-mg,L!s p r 9:72._......., . _ . __ _ • . . ATTI4C H TsAfNl" A . . . . . _ _.._. 7 . 4 al 7....'n..V..m.A.'''t--L'Au' :1..: -'i%., N. ' ''2''' ..••.; : •--• (.4...• .. v..... .- .. ver;...44....1 "•:;, , .- •,- -ti ,vt" ....', ,:,s.'"'cm: tiAt'' - ....1 -~ . . t Q ._ .,,,, ,• t. , ,-,, ix,. ..„...... . _ ;,... _ k . .011 ....1„.„./.0'. irti..1.?: •:: :IN.: ' CI';"" . i'„,k 4En .• 111,".1_, f" .4-,. " ..(„...-.Z......, ( t. . . . ..0., .0.••,. Ws • . t . .,,,,,:0. i • . .CC-.K.0.'11.37;3. " A. .4...;°:-. •:, -,..-xer,*-4-t%•••••••'t s ••■•:C.S ;Oft-•:.....• . •••" • 4 ... .•' •••" 0 0 Vi, . • ' gm ii r7t)e,; .... ;AA+,N,'„‘ % % Nt- • t 1 t i __ •••• i. ' .. ••••• ..„...--- z at t s. . a....s.'1•E-, '%.,141 A 0..,s'sr. % 01 a'. • l: . ••••••-• .---- ".e. 03 . - ,. ,,, ..„. •.... . .. ,. :-Iti, 1. ; A ..24 . ....1 V. "'".. .....0- ----- . • 4. - ii ..■.1 . •1 '101 1.•gio- '' us . ---•• • g. • ... • V',".---..-ri • A tv• - ... . ...4. 00;AG* - ...• \ el, ..4 1 a . ,.,.. .„ ....i,• ...-- ••• .0. • vo . • % .\ ux t ii 005%0 ...• • .. •- .Y{ s •••• . I I -:1..":4. -. --1, ITt• 0. . •04..• % .." .. ./ ...• . .... . . - s. ...4,- 174 410 \" ••• • oa • • • 1 ..." 6.7.4 • . • •1 l'• v 7' \; • - ' .V.., '• %, (0. 71.- - - % • . - „,.. 0 \,.. soli' • U-.1 ..... ,•••• ...0 0 ..i. • ■ • .• .. "A 0 1 c • . t • ' I : 0 • . 1 1 v• •4%. ' - v a..* . . . .., ".... .7, \ . . -4 • • a . t. ... ... • 444 .*..? ' • . at. . .. 7 otO 0 Z • 1 • o : :a ks..7 ga •i- 3 a •. I- . - - - , • .. . - '11(P •,e_,, .... ...... .. 4 - ' •,.14---' : V 4SSIJ AStiVill • . . 4 2 * 1 1 - 1.0... ■•• I • I 0 a a .1 . . • 4 .4, • : i 1 . IL • ' 4. • 03 % I 0.• . 0 0 . • • 0 0 . 0 1 : •• . • i . • . IS. - • ;-.1 • . g t 1 . .; . ! • . Te... / .0 ' 0 . • • • II " • / • '.7'4' • 1 1 • a t e .. •ir Z ••• : • . • i .. :1 .4.,•••.... A I • • • *. .A4 IS ‘ . • \ I •AA . : *,.. ■ •• le s • . •4. ONCLI, lib • .I.. 1 14 ./1 . . -. •-i, .--•-r•-••' • . .. I • . . •.4N0 ../ . . oi, , (4:1•Via••••;•■•14• • 4. . •Nb al . • aa I •. ... A 131 i f).4‘ . ,) • ....•••••144..;.v . ,0( .--•:-.00--.1" I _ s - -s.•,-..,... s "t• ..e. A...ark -:•--,ef r•A•c•.0". 4 .e °,0'1.' • 1 - • t... • ,,It k 0 - ..4-•••-•Ar't I . •• t el I. gel i , .0 2 ....../ • . - 0. 0 • 0 .3 I .0 .S. . • I . .0 .., . ., .,,,. • .. . . .4 •■••11 , •.•••■ ' .. • •••• I•'" •••,. .... OD Ye ..... .I '".•. • ..„.„I..,.• ..* ... I '--- . ..•-•.• 0..••..•.-•• I . • .•••-• .. al.'• • 11°. • 1 I. • 2 .. 2 . • . 2 . Z • Z • a • I: • Z . 81 . f P. % v 1 . r . 1,1 , ; Oil I 01 I a L I. 1 • ...... '.!. 1 Ali 1 •••• • . w- - 1 I - • oioS-.1-----...."t•---••••4-• 3111ft . ---............ . ..- ... . .- . 1.•44 i 3 • '• • '-•'••••••3000. •..-• ..:: ...,-; .... s. ri f 7---- --r--- - -. . • 1 . 1 t • .--,_...„-1 1 u u u v u u . • .4( 44444 • +I., • • :iJ� Q• - W I W 4 ' A§:yR 4 . gol" `. • a d 0 ;PiE W a° I • .eY:_ E z } • O M V. , d W Z W Igigf 0 0 4(i Z u Q A .q. d W Q..y • k • +oC o < O d ? iii A � ' �' -*. 1• 1 FWe'/•v I ,.4(4-;,•,_ ^ 7 •1•�•1rV� C •- • Vii` I/ ••••••••••',.-,• .. ,.�� " " •, ..-+..-: .• V• •+7; r�1�.1.r, ;J. •CUs` :�- ' .. . ,e - 1. ,�.`�... C- • .�••• • - p �w 1 Ai.f.1. -' '-44 ;le,',.. •. '..v'.•.1' '.4-';'' i '''.•• in • .ai 4,44 • -•::''• • ',..• .‹.... g � r � p — • i��.•4� 'f:I' ' +y ,41.10411n.* .' 1 f ',.f�'/' f. f• it :•}� °f '' 1 i 1 .=� _• ' 1'%..�r f i r of•,r 1,f.:-.6-:,:i { �rlp,Q- • �• ./.✓ t A I,� ..-i. ...0 .; "•• t'..I. ''.' -.../-"••• •-. ' •--''••••". 1 .. .,./...77(.4 \ 3-\0••• •'.1"."" \ It'. . '"-C,".■:'''..-.7.:‘*/ ' •-• . r•4\ cd .. 14 g % , 1 l' ++ 1 1 • r ;'r: / i is Vil ‹ E • .1;.per' 7,•..--A. 1( s . 1 17•. t e; i�• ,; n t ii"•�� '� - r`0.. ' (1 •1 e, �j. I`... ? •� 1 •r - •63 ^` • • • + ' I '<J., ..: ,.:A.ii • ' . .0 ' .i'-.- W., . .--Li W., •. -:•• •• ' tr" , \ . •- • F.: il „., :- i ' - - • ..s.' ' • -'-='—'1.1 -- • . • 11 '.. ..111tjlii: • • fl 7 . . a=y . •'f a= „, . .--, - : . . _ .- . - -; . ._ - •- •' • I . . ..- . , • • '• -•"•..•I.:: •.I ''' -••••‘•• .• *l•..-I.%.4••: • ;t:...'..... .. ,i, ''. • ••.•...., .,4% ....* I .: . .'• : -.,.‘ • , ',.:^. • •. , . _ I . . . . • • •. ; .s .. ,... '''''.*:•:. •••' W• -:•- .''•-: .......- .'i....• .4%'.:■-• .,''..- -• '. -.e'" '!; . . . ••'..... . . • • . ' 1 : •h". •:.••••.;'• •:•' .7%-'.",,•;'..,,',..' :•,". ':.'• j" '• •, . . , •• 2 I.. •--- :..•-:-:- _••.-. ••••. 3-:•_•••• -•• •:-...•-•:- . •••• . ••... - •-1•.•, -.; •7 •• -. , •.• - .. - •• ., . 2.• - . ., .•. . 0 • ' • ■Ili • - • .. • .••?.;,.. -::.;rk ••••:,,• 1;•.-f.1:•; ;;:?..",f.'- • ..,•':",,,C- . ; ..... .•'•'..PI r.."..-..,:. ,• ; •. .: • ',.. •,..• : ' • •-• • -- ••(.- s •1" ' -2".': ..1',' ••••,I4..!..I:...i! 1.4";.-1." •-■;,:tr.:4,F.••••,!-.•'.';e l•••••::V".:F.”.S'•..rt....2;%, '•::4‘;14 k' ",',. ".,••'.‘ -•-: .1. ,..2.... .--:. illi a .;•gif .' ' ,' •• ...-■ - '•-••.•:.' ' :' .-'4 -:";4.'0,;-'1"."'.....• '''.9' ••- •,. ;•-t •4'. ..-•"--:-. ., ',• '. -• ' ::. , •,. -• ........f • 111 a 64i, • -• . . , •-• ,• ./ . '••‘• .-,-... •••, •. i?,,,,i-::, .,.., ...,f.:,-•i'•:•.,..,-.. -.- ,•..-:.....•, ,-,.., ••• .. ,c, :, . i . to 0 id . . '•• '::,14=14,•:.:?‘-'':''...., .1,;.',..'' f•-••••••••:-.?-7,----''''..-,-•••• 4.--,-, •,-. .--:..? . ' ....•• ....' •• a 9 "I . '- • ..c L....1..l...,,ip.:%-'.1.. 4,. .1,1...:. .-.4?4-;-1,•.,•..., .. ,••••t-..: •'....'•-.' .:' • • • - . - Z .,.., • • ....••• ....1,...1;••••,...-..,; • _irk', ,,. • . :,,.;,•,..,1...:,;:•,, , . . • •: ••••.* -• . 0. • . . ,:-.... ._ .,:.-.17.,-4-:,... 7..!ffifr.':::-.,:5"..-i),,,,....::•';:•.,.•;!':::1'1:2. -. •'..,.:c..:.7.:-:,''...;1....-. .-•:-•'... •,.•• g . - _ _ • . . ;--•-••• ' • 1' ''' ir :„.•:-.........„1-.....i., .••-iii.::.13,. „ ).•,: •_•••.. •- ••• • ..• . . • . • . • . . , ....... . . ....„.: 1 -..:.„.•„::::„..1,..„..1.: ,:-........_•,, ..,......_:::•:„..,. . ..: _..,.... . .... ..,...,__, .:... . . ,.... .., . ., _ • • ,s • . . . I.r ••• ... [ lie-I --• -:• •_ . :.... .:•-• ...---..i...-• .... ....-:,:i::•.., -:....:::........::-....f..:•:.. , .. . ,-...,. f.,...,,.. ,:.. . .. ...., . ,.. . •t . ... • . • 0 . . - • .:•:,-. ..- ...:_.-- , ..- , , • _ ..-.,- -. , " ...,..- ....- . . • . .- • • •„:„.:.• .. ..,...1 ., ..., •.... ......„.....,.„..... ...., :„._....1....:„.... ., • .....:_, . ...„?. .... . • _. . • . ,..,t, , .,_ : ....,t•-•. :•:• ... • .. . . - _,.,„ - .. -•,,..n. , .. . 1 . . __. . .- . .. , ... 0 . ..... ..: . .... ,." ..f. • • _ • .. . • ....„,.. .. .. . ... ... • . _.•. •• , • 0 • . . . . . • . . • . . . . . . . ... • . • • , . • . . . . . . .- . . . A • I t - •-Av.:..P,1".0,:01.T.;t4, i • .:..' .. ' .. ..i. C.:1. • • . - - . '41-ti-eirj,,,,,12., )i.• i./,.4%,;(4••,..7.$1;:,.1.4,,, ,..•,. ?,-.,..- •: -. ••••••. - ' -: ' : ...• ' CO • . -• . 154r, i.1,4,0,..;t• MA`if,:4',11/4 • -2. '..• •• - • • •-, :: . . . ;:::••••,...-' \ 4^0., .••,' my:::'..... 1:11111 • . ..... 4, f',04.•,1k •,-;..v.•,/;;,3,74:,...,,. .g...,0•471•M ! ...••:: ... ...'"%.•'_':•••••*f••• . ... .. ' ' . • '• •• . . • -. ,.• . .,.gti,7r.;;1.14,1:ric:I.f.3 .%-10,.;4.:r.x."1111; ''.'•••• ' .: ''• -•'••••''• . . •• • • ' ros . , . ,:s...;.,..,:•... i i 7.5..q.1..a. 2 ..,...%........c,rtf41...r..-vl..,....,k%ti..: :...t-.4,. ..•,/,:...14.0,0.1....ke; ....,..:•..,!...%.. ..:.''-.. _0.. , . •.; • . I■4 •01 . ,. . , !;:,i.f%.i • l'InWitt .,!!'.'4C,Ift.iiej‘,.1- „a Orl,I.,;.,{1-0: ' --•• :'...7!....*Ii.r., ,-..--- •• .. • -es z. ..,..-„,.. • - ".. ••-• ,.4-41.4,, il•.,-...4 ft:, 14, ...,:y... :',..... ,-,•• ;...,,;,_.....- -...; ... . • ..1%.:., . . .: . . . • •i4-i --.. .:-.;! /..-A....--:.:::;;!..",,r,..;:,::,,.-,4k1 re.:-..i--e-• , i . • ",,-"-_,. , -. . 1•.:- ••••••• ..... . .,....„.. • . • ', ..;-- ?.. . ,•'., t. . - • ..,.. : . . o ""1 °CI lin . -... :'..'. . ,•:' r 3..P.......14.•-• . „,.7,•.:*...I..4: • • .. . • . ... I'. 1 ''..•,... .{..'Y.:IC.4.:‘,.11- .... 1.',,.,,"..'''' ••• ... , ...;■•VIZ.'.I."; • . ..„„/.." .." 1:/;,...V.11.44i -i . ' • 0.• ° .'1,':.:,7!..7*S.) ''...'f.'::-. :.-.14:i."%-"•••••.-':• . ;'• 1 . z;• }4.1':' ,oklit';i•,-.4'4.••••Iti•0.•Ii• 1 . . _. ffii,....-3,1r..,. '11'1.1 a.1 1,.•:.,...:.4,.49,rs . ■. ...:;,14,..,,.;••••.;„ oet›.."/".:c.3 .... .•,:.:1,1-,:,. . .,'.,. • . . . • ...cf..1..:,....•,t•Cy ",--;Z:• ,,,T.,..,-)ti.".`- ..40.„ , ''..111'4.. .1'1' , ig.t • . ..-• g • ,....,.,•?..,...- ..4.;,.. . ... .,.. .014: ..; . • ... -,....„.....-1-•• -.-:,,,I.A.,.. •,-,:,••••- -.... •": • ,.• • - .. ..k4ip-it.ge.. . ..z. r... . -6.-:' . .•: • • 114 6..-, •.).•.i.•,1 a,-,•••:,..- .A.W.14,-13., •, 1.,,.. • . . - . . .,.,,,. ,...7.,9.41,,-; , '..o. ••.i.; ..:••i, •• , . -- . • • , c...n4..P.,* •.....• • --,..i .,.•e • • •' • • .....,./.,...::,,,..,, 0.•,., •.;.,..-,.,::A-,^ • • . . . j,......4•,,....,..7.2'.?,.• ..• 4 . , . ::'"•?....1'... .,04 . 1,1 a • - • •'''• ■ • • • • ••;::4'.' 'il:-■ ' .."•f.'‘• • • . . •'Llr:,..,,-g .....,,, , .\ lo.in I, • 4„ify...9 ':,,_. . ,...,..-.4.;....•;.t . -.lik.il'•"•,„ • .1:•:,.:•"-",' QIJ •• • • •,...4:..:$1...-% • .:•••• ..., ... s• A . - .. .4, .,,I.,0 ,. ••,,x•-be,.• \ .4,,,"Zi • d • . .,. 41.4 f/i'l...,. . -..,..!..,..... "4-'4.4'41., . •.. e."-,•• .4• • .. IV '" ' ' . , •:... ...•' *,-r'''".4.1..•i,-.2' . 111 mi,'7'. ...:,i•....1,' , '11,,...-10'(1.•''.. S5444_,,•:%,•;!. T: •i‘ .?: 1 '• • • ••. ' .• . ' • • .1; .;.•:r , •-• ‘t,':'..:•........ ......p.1:;174%1AT 7.,..;';A:.'..0.2e.- , .-",'•47:,•1;) '''f,t-i4i ..tilt, -.:_..--. • . . w .,„ .....,..p:i.,21.......:fik:..„,:.).A..„)..v., •„,x,...--::;4,•.....,......il,ki. ,.4..,,tos,. .,..,4, - .., ••• .... ,. . 04• ... .-..,, •r••,. 1.:::.*:-.-'...,.....tti ..i, ,t-,.■ . . ?;',1.• •tr-4,1I."‘•••144::.' if4;r.,„. , I,. ., • , . . • ..... ,.,,:,...?"•,. e.• •:-.1-,:.:V.: '',4'...":':PR'!;.4.7 Dv-, t.:t4-_iii,:, 'V• t.4114,"" - . e • . • .. s.... .. ' ' Or( . . i.„ .,:• -•:'.: 1 .,.i.P".c.---v•;•,,•••4.4.?...:,,i,;••••iele• •!.1‘..q- 4•4,,- -,:-... 1 i'i.3. :-'e - ' • ''' ... • ... • ., -." • . ,•• ., ;,-:-..''.:;;,..s::,1,.,',.,.'... ;i c.,14i.;-'..?-•.`..'.,:.-tv.;::., 's.c•Ii..... ', ..:.:.-y r..-rt•.•;. ..,•_ •--.:• • - -:. . • •.. •rbel •' -,....,,-;.i..i. 11 - "c--tl' '''''• " ,2.4.vi.t•-.▪,t si,. ..•.:14„,. '..1.• •f, ,..',:. 'n - . :., .. . . .....,,;." --......• .0 .'''..,•:-.1...:52.4:;-3.••••!.,-.' ..-:;..:1,2;'. ..,:i134 .1,1•;$.■ ',',..4.- -•,:, . • . . .,. ..... . . . 1-"'": -.-77,77\ffil-:::1717;- j•t4.41.1i-r4-`,I-oti-1..,::::".;,k 0 ...P> :..;.:13....„At o'V'• .. . . .- ..., .. . .. ,,..,'•-i,•si.,.....,•.-4.*.-::: ...0-,.. --.,, ,..,,,: -1..,..i.417/1.J.,• :',••••■•4 t.' .0 t••••X.• '....' 4 j'r 413.•+" ,.; •: '.. - . ' . .''` ,•"-• " • • . :•''0I'Vf..,. t'•R??,..“4,..• ..•i el' • "r4'''-4:,,:r. 1.-;<="c..:•-f4?....7:1.;'....." ,•"•..! 'v.?' • -"4 • .:7•.......-:4-: .•,. ., ,• ::: •ii-N. N;.4e-. .•;.-7-:.'y ....4 c- ...--,,. i.,,r.j. . ..,,, •:- • • - . . . . - , ,,.... ..*.J-:,!;.' ;. . -•::..• I'd!:et.sr.:1•••..),,, - ".•: I.14'• lialt P.:. ..:I , • • • •4 . ' . . .X1, ,•,..t. . •c....1 ' 4 ./II' 4.-‘..1•41:•Z':\-”tie.• •ft•e•';••:'t••••"' '• .....'• • ' . ' .• . % :i.;.?.:'Si:• :..!...?.... ••-•' .11.- "C".1•11..,.. tti, .... .,.f....4 .•.•,•,. .,5,2•.,..e....,4 1 ": '• ''. • " • :.. • - ''''.;'';•- '1C1‘1-‘1`• : 'L.?,-''' •.6.'4.'9;:41r). •-•'• , ,...-,...•, , .. i ', 77 , ni=4.,',..,••""• / '/'.•' /`-.':' .' 4te. C ' • .. • " . . . .- ". ...:••,:t...': /". .: o ,..': .1y• ..1.•7...., - e.. .••••,•'....,1'.... . '.2-.I••!0. •,,-• •-• • . .4.,-:•%. . • .•.. ..41K1, .••• •,S:y. 4 .• ';'' •.,:,‘,:l.. . "S I•-":40", " ...o. ' [ill 'Iti -:.'''• , 1 V,., ket,! ' ',.•_1.. • . •. • 4 I•-'' `es'''. • - ••' •• .i"i;,:4..1.'.:;• %.,...:. ••: ii, .."':•• • . • '• • •. •Ltt` •..Z.:::-...'..,. ..t; • .,•.1. .j . ... . • • •• 4 r .1 . . . .. ,s, . A..., •':Iir 1:•,'..t; • ...: •.1 • i.V.r.r:A1.1 . . . -.'. .1...;".••P-."V..". • ..•• *:- . •.- f"`"*IT.' - •• ' . ..:':.., ,..St..r.'• :'''■• •• -....;;:.4%,f;! ,.. • . . . ..,i ,,•:s'A';;' .. L.'VIfl,. :.;:::•:f•...Y.1....n . ..:.•.,-,i.,.-,•I e-N...%1; • .. ... . •. . .... a . . • ''... .. 4• ••'.1 ;41Ciglg t. i.:,... 4:i• :: ••.:-.1-■•-t,.::••• . ,•!:..:•::,,- ;.•;:.:.f••••••:7::.".. . • ,. • . • • •..,....•. ....:...--•-:■••:?::..,.:• . . • , . . . •, ., . . - • ...1 1 r.--. - , ,-41-;,•,'• . . • ' .• • 7,4•• 'I..' '. ,,, I • - • gi li 11 ',...:'•!■.%,..... ''• 't'I' a . . . . • ' ' . 11 Ft Ill;. ' ...',4-. ••••,t.:.••• 1. • ' . ...* ' : . 1 . tai I ; • • • . a_ . , 2 II 4. . , A NC A• IN .1 •l 41 to .' • P e'• N v. • • !Ii c W w0 4 �;• e , I O d o F 3 ;' u8 • a •`;•. Z . " 60 :YEtE, p o • " Z 0 It 0 0 RY"-.i:c ° 1 • d W Z 4 :4:88 it r Q CI •G -I eK WC Y O •- o : i X00 „i_1 0\\ \ \ �\ v\ '�;.C. ,...\� ....\\ • \ •i��L\\\ .'r lillj/ / / . 0 \\\\ \ 201577 1� \ � \ \ i % \• ` / /t I I � .\ \\\\\\ Bg \��t. I / - `� ��\\ \ \\ Q \\ \% -_� 90 �� ..�� • / / I \\\\ 0 \ i \ \ \ r . ..6 (' \\ \ / 1 �\ \ \\\� \\\\ ■ \ \ \ \ / / \ \ \ \ \\ \\\\ \ �l �+� \`��\\ \�\\ \\\\\\�\ ♦ \ ��. \�� / \\ • \ fill I \�: 1\\ r� 1 \\\N\\\ \ \\\\\\�\\\\\\ �\ \ \ \1 \111 co 1 1 I 1\\" ■ ■ \ 0\111 \ \\ �\ op.\ \ \ \\ \ , I I I ° 1 1 -- �\ \\ O \,`• ■`� \\\N\ \ o \� l 1 % 11 1 1 N \ \ \ \\I1\\\\ °, . N \\\\ \\ \ \` \ 1 \-- \ \=1 1 II\\\\\ ^\p\ N. \`\\\\\\\ \,.`S '�-� \\� 1 1 % 1 \ \ \ / �/ ' /1/��11 ,01it/7 • \ \ \\\\\\\\ \ \�� 1` \\ 1 , \ , \ \,_ _� \�\\� /2--c I \ VOIN It.E 1 1 \ \ \\\ \ \ \ ,.. \ I 1 \ •\ ` ■ I EIS•-• \ \ \ \\ / I \ \\\.. \ \ 1 -1.‘%k,T-=1-- I / 1 t\\% I�1 \ I I 1 \ \\\\\` I I \ \ . �—_ • \ c \I \ 1 t I \ \ \ \ \ . ' ` \ '.\ I 1 o — 1N - .4- \ ��1., yr��✓ \ \ \ \ \o\ . \ \ \ \\\\ / `\ \\\ II •''•"/ 1- .\ f, >� , \ \ \ \ \ \ = \ \ \ •11i/ ec° `--- \ \ \ C O \ \ \ \ \\ \\ \ . \ \�\ \_.../ \ \ \ \ \\1\ 2 // o \ \\ _ , \ \ \ \\ \. %%C. i� (IO \� / \ 0p 0; ---7- \�— •� \\\\\ `\\\ \\ \ \\�\ 880 1 \ ti\ \I O. i n)C > \ —— .\�\�\\\ \CUINT 116 a�Fi I , \� — — 1 \\ \1\ \ k\ 0 \ \ \ \ ( \ \ ■ \\ �1 \\ .i /'..... \ ""---.., s■ \ ..,`•\ -.j / \o\ / . \ \ \ 1 I \A .� \ \ \\ ■ • \� \ 1 l/ 1 \ I / \ \ 11 , \ \ \ . • � � — \ \ �\ \\1 I �) 11 \ \ \ \ \ % 1 I I ' 10\\ \ \ k ° \ \ \ 1 \\\\ \ \ (�� / CI TIV4TED FIELD \ \ 11I II ) > 1 \ \\\ \ \I \� \ \ O\ \ ___ • i 4‘ 1 \ \N\ �) I �\\ \\ \ t \ \ 1t1�\ / ' I\\. \\\ \ \ \ \, \ �._J 111 ��,,. \\ l \ 1 0\\\ . �\ \ \ \ \ % \�•-o. - 1 ' I`E�� \t�\ \\■ \ \\ \ \ \\ . \ I I .—• \ \\\ \ . \ -\ - 90 t 1 bl / 1�1\\\\\ /�\ \s0 \ \\ \ \\\ \I\I1 \\1=\ \N\ \\\\ / ti.i \\ • /� ) `� 1 ° 1 1 1 I 1 \ \ \ I 1 ' \\\ \:.\�`i�� oi/ fl �o \\ I \ • 1• 1 1 y��f 1 I 1 \ `J \ \ \ �'` �� f • - � \\•\` \\ OUTLOTI E 1 \ \11a \ \ \ . 00 N I l 1 \fir\�-•— / / � B ■ •� \\ ) \ t \ N‘ \--- - r / I ,l 00•x .... \ \\\\.,, (990\1( .. \• 1\\\ \\\ \ I / '�— ` `N s.....,„ � 90p r .� ■ \ \ ._ -% \ .\ ■ .\\ \\F —�� - \ N `—�∎�\ ■ ..)111.I '1 r///7,,,011 ;1` , • • . l �,\ \\��\1\\j 1 1 0 ^--' � \ \ .;1 1 I '\ I \�,.\�,�1�,I.o�_``��=.-' \ 1 1 I I II / � t�" .l' N � o , \ \\ -;:� f 1 \ \ 111111 1 ° ''� ` 'L1' / • r''�' '�/G \ \\\� \\�♦ �\ \ 1 1 I \ L / X 1 11 4// s,. ////� /I,. �. y y•\ 1 \ \\\111 I11I \ • / //Ifj `_/ \ \'1. / / ; ,1 \A 6� vSTc\l 1 //1.,�\ ) X11 i ;1 t t\ \ \ I / / .-r 1 _ AGTLOT��f�� !/i \ • 1 \ rA.t ' ' °�1� / /// .,' I� L TANKS % ._5° r'; \ \�'� \ \°\ / 17//// 1 .116. . \ ��fi ilr�111 r 1).1 1 1\ 1 I, �� /f �/ ice\ / : �?O_= , �. ;�!'o/�•rrj/ 7.7, �._ � ,, / / � \ 'TA STAG \\��_�� + � �'!�//i /'/.60-14- — —/ //u /i Tr . / • \\ 1 `\ 86p��%� j/ice ---///,///'.N,... / /\— -' ,,....4..r— — git-71 i _ ,!--%-= /��/41/ 4.=_��1 /�%/ j/i __N 1 /1//iN �. .-,'r. -.r) r 1�. .„;:l. • a-f %. 1• •.6 R •..-.--r. v 1 1.• • • ' .. .... t Q i 7 -A. I i ••: i• •• • • C 1.•1 1 .; r r i if 'AeNVa.l JO1.4 JVd. �s , / l / ./.. •% 1 ,z" , • • Zm U Z. i a as s g •Z 4 F 3 I. m Z N , ! Z {L .f ./x...- .... qf ..:,...,,, .. .„,, ..., Agenda Information Memo December 5, 1995 Eagan City Council Meeting D. APPROVE 1996 FEE SCHEDULE ACTION TO BE CONSIDERED: To approve the 1996 fee schedule as presented. FACTS: • The City annually reviews its fee schedule as part of the revenue analysis for the annual budget. The fee schedule has been reviewed by staff and recommended modifications are indicated. ATTACHMENTS: / • Memo from Assistant Finance Director Pepper noting certain changes on pages_U through • Proposed fee schedule on pages (D-2--through/ )4 . • • 414e' • rIY' MEMO city of eagan • TO: Gene VanOverbeke, Finance Director FROM: Tom Pepper, Assistant Finance Director • DATE: November 29, 1995 SUBJECT: 1996 Fee Schedule Attached is a draft version of the 1996 Fee Schedule. Some of the changes reflect action the City Council has already taken (e.g., residential plan review fee; "No Parking" sign bagging fee; community room rental fees). Some of the changes reflect the usual nominal increases (e.g., water meter rates based on the City's cost; the 1.4% increase in street assessments, road unit and connection charges based on the ENR index, etc.). The remainder of the suggested changes for consideration by the City Council are itemized below: Page 3 Pawn shop license—increase from $8,000 to $12,000; increase investigation fee from $350 to $850. 3 Hunting permit--$10 for resident; $25 for non-resident. 4 Returned check fee—increase from $15 to $20. 4 Fax transmission fee—increase from $1 to $2 for first page; from $.50 to $1 for additional pages. 4 Driver's license printouts—new fee of$5. 6 Zoning map—increase fee for 36x48 maps from $5 to $10 (B&W) and $15 (color). • 6 Street name change application—add City out-of-pocket expenses. 8 Planned Development Annual Review—increase from $25 to $100. 8 Special permit—eliminate this fee. • 9 Building permit for basement remodel/finish--increase from $35 to $50. (. 9 Building permit for deck—increase from $30 to $45. 9 Disposal permit—increase from $10 to $65 to cover new County charge of$40 plus City administrative costs. 11 Sewer Availability Charge (SAC)—increase from $950 to $1,000. 15 Special inspections—increase hourly rate from $30 to $42 to match 1994 MN Uniform Building Code fee schedule. 19 Storm Water Drainage utility fee-3% increase from $5.25 to $5.40/REF/qtr. (NOTE: Water, sanitary sewer, and street light utility rates are unchanged.) 20 Water treatment plant charges for installation of irrigation meters are proposed. 22 Park dedication fees—increases range from 6% to 11%, depending on construction type. 22 Trailway dedication—increase from $105 to $150/unit. Also attached is documentation submitted by each department regarding the proposed fee changes. Let me know if you have any questions. • \96fees.mem CITY OF EAGAN 199)5/ FEE SCHEDULE Effective January 1 , 199f • Approved by City Council December7, 199fr : 5 5 1 O 2, LIQUOR/BEER/WINE FEES Pr o1 1995 I cici PEE TYPE _ FEE fee. BEER, LIQUOR AND WINE Be r Application and Investigation $ 350.004) Off-Sale License 75.00 On-Sale License 350.00 Temporary License 25.00 Liquor Application and \ o IlL6Ar Investigation 300.0012) Off-Sale License 200.00 On-Sale License 4,000.00 Sunday License 200.00 On-Sale Club License Less than 200 300.00 201-500 500.00 501-1,000 650.00 1,001-2,000 800.00 . 2,001-4,000 1,000.00 4,001-6,000 2,000.00 Over 6,000 3,000.00 Temporary (Up to Three Days) 150.00 Win Application and Investigation 350.004) On-Sale License 400.00 Sunday License 100.00 Consumption and Display 25.00 Daily Sports or Convention 50.00 Duplicate License 5.00 ("When Wine and Beer are applied for by the same applicant, the total maximum investigation fee is $400.00. mAlso requires an escrow deposit of $1,000.00 for up to five persons requiring investigation and $200 for each additional if the investiga- tion is conducted within Minnesota, or $2,000.00 for up to five persons requiring investigation and $400.00 for each additional if the investi- gation is conducted outside of Minnesota. 1 /0 3 Pria 1995 q(/ PEE TYPE FEES Rubbish Hauler Commercial, Residential or Recycling Only 1st Truck $50.00 cr"le4 Each Additional 25.00 Commercial/Residential Combination 1st Truck 75.00 Each Additional 25.00 S rvice Station 100.00 Solicitors (Non-Profit) 25.00 Solicitors (For Profit) 50.00 Investigation License Fee 25.00 up to 3 solicit rs 5.00 each additional ver 3 Trailer Permit 50.00 • Dog License (2-year license) 12.00 Late Fee 2.00 Duplicate Dog Tag (Also covers dogs 2.00 licensed in another city) Kennel Permit Initial 100.00 Renewal 50.00 Animal Pick Up 15.00 Animal Impound 4.00/day over amount bill d the City by animal pound P t Shop License 100.00 Parade Permit Fee 25.00 Shows License 25.00 (circus, carnival, etc. ) 50.00 Investigation Massage Therapy Establishment 300.00 (includes 1 massage License therapist license) 300.00 Investigation (includes 1 massag therapist lic nse) Massage Therapist License 50.00 200.00 Investigation Gambling Investigation 250.00 Cigarette License 40.00 2 h) (1( )4r/z-->tef 1990 1995 FEE TYPE FEE Mechanical Amusement 1-3 Machines $25.00/Machine 4-9 Machines 200.00 Total 10-15 Machines 350.00 Total More than 15 Machines 500.00 Total ■ Contractors Licenses Plumbing - - MN Master License No. & $2,000 Bond & Certificate of Insurance Sewer and Water MN Master License No. & $2,000 Bond & Certificate of Insurance Danc Hall Permit 300.00 300.00 Investigation Public Dance - Single Event 50.00 4' . Pawn Shop License —87000:01T a 004),c0 350 Investigation $50;oD per owner Stable License 50.00 Golf Driving Range License 50.00 Motorized Golf Cart Permit 25.00 Paintball Facility License 150.00 50.00 Investigation R cycling Bins (Additional) 5.00 each 10.()D ( 5v P 25.00 tlari-ft;4ea+ - 3 70.) P 1995 t99 FEE TYPE FEE rte.- Phot c pi s $.50/page R turned Check Fee 2.0,0o Mailing Labels (LOGIS Cost) 10.00 Notary Seal 1.00 Each for first 5 .50 each for all additional Voter Certification 1.00 Data Processing Reports LOGIS Charge + 10% Pals Alarm Commercial 75.00 Per False Alarm After 3 (City Code) Residential 75.00 Per False Alarm After 3 (City Cod ) Radio Communications Lease Previously Negotiated Rate N w + 5% Fax - 1241-,Size Documents (fo\ice_ 041,4) for 1 or 2 pages 2.,00 ,.....8-8-each additional pag Invoicing Charge 15% (to Maximum $10) Research of City Records 20.00/hr (Beyond Readily Available Material) Alarm Panel 8.00/month Police/Fire Reports: Accident 4.00 Incident 4.00 +it qt r1.��I" L .25/ea. add'' page ref s.+ (weekly) 20.00/week Accident Report Summary 10.00/week Photos: 10.00/first print .50/print after first Viewing Accident Reports (Comm. Users) .50/report Tapes: Audio 25.00 each Video 35.00 each Drrvw, 1--«Se, 5,90 Fingerprinting 10.00 Handgun (Permit to Carry) Application 10.00 Approved by City Council 10-4-94 Police Records Checks/Clearance Letters 5.00 (Non-Law Enforcement Agencies) Str t Closure 25.00 a) R quir s $25.00 deposit to cover City property used to accommodate the closur . I�o Party' `` 32 ' i51 -Pee- o0 (D clt---4 '77 '41)c-exoi'l D„„ to, q5-) 1995 I�� FEE TYPE FEE R4- Hard Copy Map Sales 1/2 Section - property only 10.00 OD 1/2 Section - property and planimetric 50.00 1/2 Section - property, planimetric and contours 150.00 1/8 Section - property, planimetric and contours 40.00 1/2 Section - aerial photo 6.00 1/4 Section - property only 5.00 Lodging Tax 3% of Gross Receipts Grading/Excavation Permits If Preliminarily Platted 250.00 Not Preliminarily Platted 0-5 Acre 150.00 Each Acre Over 5 Acres 50.00/Acre ($550 Maximum) Renewal 150.00 Utility Permits Utility Companies 10.00 Permit For Construction 50.00 in City Rights-of-Way, and asements (fee is waived if issued with residential boulevard landscaping, irrigation or utility permits) Reallocation of Special Assessments 150.00 • Ass ssment Search 10.00 Pending Assessment Report 25.00 Final Assessment Report .50/page ($10.00 Minimum) Ass ssment Fee on Delinquent Bills 25.00/parcel Copi s of Legal Desc. , owners, etc. 1.00/page Vacation Proceedings 300.00 (Plus out-of-pocket City costs on vacations requiring replacem nt easements and/or transfer of property if handled outside the normal subdivision process) Industrial Revenue Bond and Multifamily Housing Bond Processing Fee 500.00 (Plus out-of-pocket City Costs) Tax Increment Processing Fee 500.00 (Plus out-of-pocket City Costs) 5 • / (:) T? Pa , 1995 r FEE TYPE FEE Mark t Analysis Study 50.00 Tre Preservation Policy 3.00 If Id-1 4o(1- 6'soo Zoning Map 5.00 -� .4x48 5401, 10,00 Zoning Regulations (City Code- Chapter nOvr ($.00 Chapter 11) 10.00 Liquor Regulations (City Code - Chapter 5) - 10.00 Subdivision Regulations (City Code- Chapter 13) 10.00 Traffic Regulations (City Code- Chapter 8) 3.00 Parking Regulations (City Code- Chapter 9) 3.00 Landscape Policy 3.00 Sign Regulations 3.00 Shoreland Zoning Ordinance 3.00 City Code Each Chapter (All Chapters Except 5,8,9,11,13) 5.00 Code Book 60.00 Code Book with Binder 75.00 City Code Updates 10.00 Stre t Name Change Application 100.00 P5 -c$- p° Gb ; Comp. Plan Amendment 500.00 Comprehensive Guide Plan Map 3.00 Water Quality Management Plan 50.00 Water Quality Classification Map 5.00 Comprehensive Storm Water Mgmt. Plan 50.00 (three ring binder) 35.00 (spiral bound) Fee Schedule 2.00 6 1995 r FEE TYPE FEE Trunk Storm Sewer Drainage Map $2.50 Comp. Water Supply/Distribution Plan 50.00 D CIAR"Aor, Trunk Water System Map 2.50 Comp Sanitary Sewer Policy/Plan 50.00 Trunk Sanitary System Map 2.50 Plans and Specifications ' 50.00 7 /fl •q Nre*.ec SUBDIVISION AND ZONING l990 1995 FEE TYPE FEE Final Subdivision $100.00 Require Escrow +3.00/lot Deposits P r Development Escrow Policy Pr liminary Subdivision") 300.00 Rezoning" 250.00 Requires $500 escrow wh n Sit Plan is included. Preliminary Planned Development 250.00 Requires Sam Escrow as Preliminary subdivision Final Planned Development 100.00 Requires $4,000 Escrow PD-Annual Review - 35.00-- (00.00 Conditional Use Permit") 150.00 Requires $500 escrow Variance" ) 150.00 Waiver of Subdivision" ) Duplex Lot Splits 50.00 Others (Except Single 150.00 Requires scrow Family Zoned Property) per development escrow policy. Single Family Zoned Property 300.00 (No Escrow) (ecial P r tai) 75.00 El)r4;vtete 19qc Int rim Use Permit") 150.00 Requires $500 Escrow wh n Sit Plan is included Driveway Agreement Preparation 200.00 Lot Combination Agreement 200.00 NOTE: Rezoning, Preliminary and Final Planned Developments, Conditional Us Permits and Interim Use Permits do not require an additional escrow if th y are incorporated with a subdivision application. (" Application to App al - 50% of Original F 8 ( • INSPECTION FEES � � pr-D 1995 ' /6 FEE TYPE FEE Building Permit Based on Value - See Attached Building Permit Fee Schedule • Building Permits for Selected Work at Existing Residences: Basement Remodel/Finish 35.00 50.oo Deck 30`00. 45.00 Fireplace/Fireplace Stove 25.00 Demolition Permit 25.00 Disposal Permit 65 00 Un El ctrical Permit See Attached Electrical upd� 40 Col e Inspection Fee Schedule t Heating, Ventilating and Air See Attached Mechanical Conditioning Permit Fee Schedule Moving Permit 75.00 Plus Cost of Repairs and Escrow Plumbing and Gas Fitting See Attached Plumbing Permit Fee Schedule Proc ss Piping See Attached Mechanical Permit Fee Schedule Sign Permit 2.50 per square foot Wind Energy, Radio and Based on Value - See Television Tower Permit Attached Building Permit Fee Schedule Plan Check (Valuation over $10,000) Commercial/Industrial 65% of Building Permit fee Residential __3-54—of Building Permit fee 50T. Foundation Permit Based on Value - See Attached Building Permit Fee Schedule R placement Building Permit rove.( Fi ld Card 5.00 CE 3195• Lot Transfer Fee (Bldg. Permit) 50.00 Proc sling Fee on Canceled Permits 50% of Plan Check Fee Duplicate Certificate of Occupancy 5.00 • R insp ction F e 30.00 Addr ss Change (After Bldg. Permit issued) 50.00 9 + 1 I PfaviA L 1995 FEE TYPE FEE Repr cess Fee (End of the Month Permits) 20.00 1C) k r, Underground Storage Tank l.� Installation/Removal See Attached Mechanical Permit Fee Schedule State of Minnesota Contractor License Verification 5.00 10 I [ Perbvt.e BUILDING PERMITS O� CITY OF EAGAN l i 1995 PERMIT FEES PERMIT FEES - Fees based on 1994 UBC Fee Schedule. There is a Plan Ch ck Charge on all permits with valuation over $10,000. (See page 9) . P rmits are issued to specific lots- any lot change after issuanc f permit $50.00 transfer fee. Utility Charges - collected with permit fee (Applies to Single Family Dwelling Permits - Verify All Others) Sewer Availability Charge (SAC) _ $050.00 - 1,000.00 Water Availability Charge (WAC) $7-5.8:00--. 710, DO Water Meter (5/8") -$2•Yr.0 0 10 7•b o Road Unit Charge $,125.00 410. 00 Treatment Plant Charge $3 :e6- 3 9 b- o0 $1.00 - $500.00 -- $21.00 $501.00 - $2,000.00 -- $21.00 for the first $500.00 plus $2.75 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 - $25,000.00 -- $62.25 for the first $2,000.00 plus $12.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 - $50,000.00 -- $349.75 for the first $25,000.00 plus 9.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 - $100,000.00 -- $574.75 for the first $50,000.00 plus $6.25 for each additional $1,000.00 or fraction thereof to and including $100,000.00. $100,001.00-$500,000.00 -- $887.25 for the first $100,000.00 plus $5.00 for each additional $1,000.00 r fraction thereof. $500,001.00 - $1,000,000' -- $2,887.25 for the first $500,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and Up -- $5,012.25 for the firstt $1,000,000.00 plus • $2.75 for each additional $1,000.00 or .' fraction thereof. All p rmit f es ar rounded to th nearest dollar. 11 • ( c3 • PR>rdze.5,q 1995 FEES FOR APARTMENT BUILDINGS (ONE COMMON (99 b • ENTRANCE & ONE LAUNDRY FACILITY) Sewer Availability Charge (SAC)-80% of $ 0 x number of units (,a o0 Water Availability Charge (WAC)-80% of $v64 x number of units 1 O Road Unit -80% of $425 x number of units 430 Treatment Plant Charge -80% of $3n- •x number of units 3�(� Accessory buildings in apartment complexes will not pay MWCC SAC (Per MWCC policy) . City SAC, WAC, Road Unit and Water Treatment will be charged at 80% of full value. STATE SURCHARGE ON ALL PERMITS Value Based Permits Valuation of Structure Surcharge Addition or Alteration Computation $1,000,000 or Less .0005 x Valuation • $1,000,001 to $2,000,000 $ 500 + .0004 x (Value - $1,000,000) $2,000,001 to $3,000,000 $ 900 + .0003 x (Value - $2,000,000) $3,000,001 to $4,000,000 $1,200 + .0002 x (Value - $3,000,000) $4,000,001 to $5,000,000 $1,400 + .0001 x (Value - $4,000,000) $5,000,001 and Up $1,500 + .00005 x (Value - $5,000,000) Fixed Fee Permits Amount of Permit Fee Surcharge Computation $1,000 or Less $.50 $1,001 and Over Fee X .0005 • • 12 1 ` 1z/ PLUMBING PERMIT FEES - 1995 rr * RESIDENTIAL (1 & 2 FAMILY DWELLINGS, TOWNNOMES, CONDOMINIUMS) Minimum Fee $20.00 Ot IL(61 Add- n, modification or alteration 20.00 Plumbing fixture 3.00 each Wat r softener 5.00 Wat r heater 3.00 Fu 1/gas piping system 3.00 per outlet Fixture rough-in 1.50 each Lawn sprinkler system 3.00 each Private sewage disposal system 15.00 * COMMERCIAL/INDUSTRIAL/APARTMENT BUILDINGS 1% of contract price with a minimum fee of $25 * Verify with Inspections Department which classification of multipl residential dwellings your building fits in and what type of p rmit is. required. MECHANICAL PERMIT FEES - 1995 RESIDENTIAL (1 & 2 FAMILY DWELLINGS, TOWNHOMES, CONDOMINIUMS) Minimum fee $20.00 Add-on, modification, or alteration 20.00 HVAC - 1 - 100,000 BTU/H's 24.00 additional 50,000 BTU/H's (or fraction thereof) 6.00 Fuel/gas piping system 3.00 per outlet * COMMERCIAL/INDUSTRIAL/APARTMENT BUILDING Minimum fee $25.00 HVAC 1% of contract price Process piping systems $25.00 * Verify with Inspection Department which classification of multiple residential dwellings your building fits in and what type of permit is required. 13 �- PrJ l • CITY OF EAGAN ` 9 1995 ELECTRICAL INSPECTION FEES Re- NOTE: MINIMUM CHARGE FOR EACH INSPECTION - $20.00 -~ ALL PERMITS REQUIRE 5.50 STATE SURCHARGE 1. Payment of fees - All electrical inspection fees are due and payable to the City of Eagan at or before commencement of th installation and shall be forwarded to the City of Eagan. 2. The fees for signs shall be computed in accordance with State schedule with a minimum fee of $20.00 per sign. 3. Swimming pool ground fees shall be computed separately at $40.00 per pool. 4. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one inspection only - $20.00. 5. Services, change of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 1 to 100 ampere capacity $15.011 11 ,°0 to and including 200 ampere capacity or fraction thereof $20.001."-e-111 1444'G For each addition of 100 amperes or fraction thereof $---5.00 7. O0 6. Circuit, installations or additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits f d from subfeeders and including the equipment service. Circuits of 250 volts or less. 0 to and including 30 ampere capacity $ 5.00 31 to and including 100 ampere capacity $ 7.00 For each additional 100 ampere capacity or fraction thereof $ .6-r@H '7,C0 For circuits over 250 volts, double the fee for 250 volts or less. 7. In addition to the above fees: a. A charge of $2.00 will be made for each street lighting standard. b. A charge of $2.00 will be made for each traffic signal head. Circuits originating within the standard will not be used when computing the fee. S. In addition to the above fees, all transformers and generators for lights, heat and power shall be computed separately at $2.00 per unit plus $.10 per KVA up to and including 100 KVA, 101 KVA and ov r at $.05 per KVA. Th maximum fee for any transform r r g nerator in this category is $20.00. 14 9. In additi n t th abov f s, all transformers for signs and outlin lighting shall be comput d at $3.00 for the first 500 VA r fraction thereof per unit, plus $.25 for each additional 100 VA r fraction thereof. 10. In addition to the above fees (unless included in the maximum fee filed by the initial installer) . remote controls, signal circuits, fire warning and security circuits of less than 50 volts shall be computed at $15.00 per first ten openings or devices of each system plus $1.00 for each additional opening. 11. For the review of plans and specifications of proposed installations, there shall be a minimum fee of $100.00 up to and including $30,000 of electrical estimate, plus 1/10 of 1% on any amount in excess of $30,000 to be paid by persons or firms requesting the review. 12. When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any court, a reinspection fee of not to exceed the original unit fee, or $20.00, whichever is less, may be assessed in writing by the inspector. 13. For inspections not covered herein, or for re. ested special inspections or services, the fee shal . - - .a;...5 per man hour, including travel time, plus the $t y's approved mileage rate, plus the reasonable cost of equi el* of material consumed. This section is also licable to inspection of empty conduits and such other jobs as Atermined by the inspector. 14. For inspectio of transient project including, but not limit d to, carnivals circuses, the inspection fees shall be computed as follows: a. Power supply units - According to Item 4 (b) (2) of f schedule - a like fee will be required on power supply units at each engagement during the season, except that a ----- fee o _ per hour will be charged for additional 4 /- time spent by the inspector if the power supply is not �2.oa ready for inspection at the time and date specified on the request for inspection as required by law. in lwre wigt, 094 MAl 1.4.0 . b. Rides, devices or concessions - Shall be inspect d at their first appearance of the season and the insp ction fee shall be $20.00 per unit. 15. Fees double -- When any person, co-partnership or corporation begin work of any kind such as hereinbefore set forth, or for which a permit from the electrical inspector is required by ordinanc , without having secured the necessary permit therefore from th inspector of buildings either previous to or during the day of the commencement of any such work, or on the n xt succeeding day wh re such work is commenced on a Saturday or on a Sunday or a holiday, he shall when subsequently securing such permit, be r quir d to pay 15 1 17 double the f es h rein- before provided for such p rmit, and shall b subj ct to all penal provisions of this ordinance. 16. Additional Fees aad/or Fee Shortage - Additional fees and/or f shortages must be received by the City within 14 days of writt n notice. If additional fees and/or fee shortages are not rec iv d within 14 days of notice, permits for electrical installati ns will not be accepted by the City until such time as the additional f es and/or shortages are received. Additional fees and/or fee shortages that are not received within 14 days of notice are subject to a 10% per day penalty. 16 C UTILITY PEES Pik - 1. 3.995 l • 9 PEE TYPE PEE _ trunk Utility/Connection/Availability Al( ility Chare - - incrc..e✓tiS Trunk Sanitary Sewer fe.-(1ct4- 1.4&2• Ov rsize - c./44-4q e IN Unplatted $17 660/Ac. J (cL$5- Platted Residential 8.90/Lot Vs1R '' ix• I o Trunk Water Main Ov rsize Unplatted and Platted Comm. & Ind. -2,740/Ac. (MP5 Platted Residential -19-3-5/Lot 145 Wat r Supply & Storage (WAC) Non-Residential -21-345/Ac. 2-1$5 Trunk Storm Sewer Oversize Single Family . .F. vl� Multi-Family 4-096/S.F. • d9 Comm. & Ind. .416/S.F. 41 '8 • Lateral Benefit Utility/Connection/Availability Charge Lat ral Benefit from Trunk Sanitary Sewer WAIT/Centerline Foot 40•242 Lateral Benefit from Trunk Water Main • Single Family -39.00/Centerline Foot d, 0.4.o Multi-Family and Comm. & Ind. 51.00/Centerline Foot - 51.130 Lateral Benefit from Trunk Storm Sewer" 12" Storm Sewer *439/Centerline Foot 44.0 0 15" Storm Sewer *4-5- 3-0/Centerline Foot 4 5. 1 0 " 18" Storm Sewer *4-8-20/Centerline Foot 44 .40 21" Storm Sewer *51-:70/Centerline Foot 5'2_,4o 24" Storm Sewer *59:4'0/Centerline Foot 10.3o • ("Rat s are based on a pipe at 15 foot depth. Cost- for additional depth will be reviewed on a case by case basis. 7 l • • Str et_l ssessments PrDP -e44 (gee 1995 FEE r Q Resid ntial Multipl C mm./Ind. 32' Wide 44' Wide 52' Wide `-�- Rate/F.F. Rate/F.F. Rate/F.F. Stre t Surfacing $3-2-3-2-0 32--.iD $53.65 54,4o S-721-70- 13.1 Street Surfacing 42:-60 43.7.0 69:50 1D,,b 9Z: 9315 w/Grading „ Street Surfacing 44:10 45,5c 15.95 1'7o f 99- 60 (01 . 05 w/Storm Sewer Stre t Surfacing 55-.30 'SL•to 980 ' (D 118-.40 I2.A J 0 w/Grading & Storm Sewer Trails Concr to (5' wide) $1G.50/F.F. Includes $3.25/F.F ((0.75 for Sod and Grading Bituminous Trail (8' wide) ,14.60/F.F. Includes $3.25/F.F. 13,zo for Sod and Grading Water Quality Dedication A. Based on Per Acre Land Value Land Values Single Family $20,400 1$So 2 Duplex 23,070• , b45 Townhome 08,317 . 31, 3 25 Apartments, Schools & Churches 34.460 33,sgo Industrial 77,220 Commercial 154,440 and B. Excavation Rate of S2.00/cubic yard 18 UTILITY RATES AND FEES P1-47 p-d&v_0( 1995 ) w FEE TYPE FEE �L Sanitary Sewer Vec I Single Family, Townhouse MN $19:85/Qtr. for 10,000 and Similar Residential") Gal. $1.78/1000 Gal. for All Usage Over 10,000 Gal. Based on Winter Quarter Meter Reading 1 Apartment, Institutional MN $19.85/Qtr. for 10,000 Commercial & Industrial Gal. $1.78/1000 Gal. for all Usage over 10,000 Gal Sew r only (no water connec- Flat Rate - $37.65/Qtr. tion/meter to measure flow) Water Works MN $17.40/Qtr for 10,000 All user&" Gal. & 1.05/1000 Gal. for All Usage Over 10,000 Gal \ St rm Water Drainage 45-s-25/REF/Qtr. L3�O `MIL ) 5A) (R3 Zoning 20% Credit) Wat r Account Deposit $15.00/Residential Account Sewer Account Deposit $15.00/Residential Account Street Lights/Signal Lights Neighborhood Single Family/Twin Homes (R-1, R-2) $3.25 Per Qtr Per Lot Townhouses (R-3) $2.60 Per Qtr Per Unit Multiple Residential & $10.15/Qtr./Billing Acct. C/I non-continuous $4.35/Qtr./Ac. C/I continuous .150/L.F./Qtr. 22.60/Ac./Qtr. Individual Lights 100 WHPS $19.75/Light/Qtr. 150 WHPS 31.95/Light/Qtr. 250 WHPS 43.70/Light/Qtr. Z00111105 — 31.10/b eb¢ Community and Signal Lights R1/R2 $1.80/Unit/Qtr. R3 $1.40/Unit/Qtr. R4 $1.25/Unit/Qtr. Non-R sid ntial $5.30/Unit/Qtr. 41)S ni r citiz n rates ar bas d n a 5,000 gallon minimum. 19 P141ilx 1995 (9676, FEE TYPE FEE get Road Unit Charge Resid ntial Exc pt Apartments $ 425/unit (1.0 RUC) 430 Apartments (80%) 844/unit (0.8 RUC) 345" Non-Residential 1;2-75/acre (3.0 RUC) 181.Q5 S w r Availability Charge (SAC) Single Family (R1 and R2) 4958 Loop Other 450/SAC Unit . 000 Treatment Plant Charge 172/SAC Unit 39(g Water Supply & Storage (WAC) Single Family /43t/Lot /(-0 Apartments 000/Unit (,,o$ Non-Residential 245/Ac. Shut- ff Charge 30.00 Lat Fee 1.5% per month on unpaid balance Sewer Permit (New and Repair of Existing) 50.00 Wat r Permit (New and Repair of Existing) 50.00 Temp Construction Hydrant Meter Permit 40.00 ($200 Escrow Dep. ) (6 month maximum) Scheduled After Hours A. Call Out - Overtime Labor Rate (2.5 Hr. Work Minimum) + 10% Administrative ($50 maximum Administration) B. Extended Day - Overtime Labor + 10% Admin. ($50 maximum Admin.) Water Meter Removal 30.00 Water Meter Replacement/or Resealing 30.00 Sew r Tap 300.00 Public Utility Maintenance 25.00 Vehicle Permit - Access to City Boulevards Tr e Contractors License 25.00 Wat r Tap (Up to 1") 300.00 'rrfauf-tivv-svf jou,vota- — Trid-e2+.;-v‘. /14c4r4-5 5/e W4-4 e ((JJ '39(o lvzu „r,, 1,584 2•' w 3 " 2 0 4(15z 4„ wv,f,rs 1 (=;143,1-- Pr. . _. ,, 1995 I 6 FEE TYPE FEE FC Water Meters (includes copperhorn/strainer) FCC 5/8" x 3/4" meter $t 5;p0 01.00 3/4 water meter 150.00 1 51.00 1" water meter 1749:-00 1'i2.00 - 11" water meter -318-0700 39S.ao 2" compound -1,560.00 Irco''i••00 3" compound 1,930.00 -2,037.05 4" compound 3,020.00 1,2-64.00 6" compound • .5,-93-5:80 5,3t,4.00 2" turbo meter . GO--O0 X2,00 3" turbo meter 1,nnc -q0 1,174.2-oo 4" turbo meter _1,835.00 1. 'I$1. 00 6" turbo meter 3,300.00 3, 41 c>•oo Remote wire (over 35') 0.07/Ft Replacement (Provided the first time with meter) : Outside Remote "Touch Pad" Meter 13.00 #2 Copperhorns only DD- /5.10 Meter Strainers only: 2,444.00 2" 2 -00 31 $,00 3" 26-5:00 4$S,00 4" 410.00 c. 1 1 00 6" 515.00 Meter Testing (Charged only if meter tests correct) : 5/8" through 1" 50.00 1 1/4" through 2" 80.00 All other sizes Contract Cost (Mpls)+ 10% D posit to turn on water before all work is satisfactorily completed 200.00 (City retains $30 as administrative fee) Private Hydrant - Maintenance/Flushing 30.00 - Repair Time and Material 1 ;b---- > Pre -e-4 1995 I qfr FEE TYPE FEE L ✓-, Parkland D dication Single Family $8.7-00 '15'0•oo Duplex _791.00 - 13,45.00 Townhouse/Quad -723-:-00- '6°a• 00 Apartments/Multiple 726 00- 7?S.00 Commercial and Industrial- e065-/-811. $-3-,831/Acre 3,o '.oy Trailway Dedication 15o,obiwr►i1 880/Acre Residents Non-Residents Park Fees Picnic Kit• 3.00/7.004- 40y 3.00/7.00 }- f _ Trapp Farm & Thomas Lake Pavilions - Per Day 95.00") *'kx 115.00(1) + )( Per 1/2 Day 65.00(1) +--1-vy 85.00") t ' .X Enclosed Shelter Buildings - Day 95.00") 4- 115.00") i-- -1-‘41, 1/2 Day 65.00") 4- 441( 85.00") f +41c Open Shelters - Per Day 30.00 4-4-4-7( 50.00 4- Extra Picnic Tables - Per Day 25.00 +- - x 25.00 4 44-r (maximum of 6) Athletic Facilities/Shelters Fields - Per Field/Per Day 55.00") 4-445( 75.00"1) + 4a% Lights (If Required)-Tournaments Per Field/Hr. 30.00") +42■ 30.00") 4- 4,1,y Building Cleaning - Per Day 55.00(1) R 55.00") + dal( Restrooms/Bases/Field Chalking Per Reservation 30.00 50.00 + 441c Chuckwagon Grill 30.00 .1. 4-vAA 50.00 + 't' Canopy - Per Day 55.00 tK 75.00 i 4 Maint Fee-Travel Baseball-Youth/Team 65.00 Adult/Team (6-9 games) 165.00 I-444,x Adult/Team (10+ games) 315.00 t- Travel Soccer/Hockey-Travel Team 65.00 4- ky C ssion Permit (maximum of 3) 215.00 Community Rooms Events 55.00 W. AAJ4 Profit and Fund Raising 110.00 C J e,J Trapp Farm Reserved Tubing Facility 1 - 25 P opl 25.00/Hr") 4- +0% 26 - 100 P opl 25.00/Hrmplus 1.00/ p rson/hr over 25 p opl .,- +ate (1)R quir s Damag Deposit of $150.00 Community Room--City Hall: Youth groups No fee; $150.00 damage deposit Local civic groups Regular business hours No fee; $150.00 damage deposit Non-business hours $20.00/hour; $150.00 damage deposit Local resident groups $20.00/hour; daily maximum of$200.00; $150.00 damage deposit Non-resident groups $50.00/hour; daily maximum of$350.00 • $150.00 damage deposit • For-profit organizations • $50.00/hour; daily maximum of$350.00; $150.00 damage deposit NOTE: Damage deposits are to be paid at time of reservation. • • 1995 PEE TYPE FEE EQUIPMENT RATES Pick-up truck 22.00/hr. 1 Ton dump truck 23.00/hr. Single 'axle dump truck 32.00/hr. Tandem axle dump truck . 40.00/hr. Tractor 15.00/hr. Backhoe/loader 35.00/hr. Front end loader 60.00/hr. Road grader 70.00/hr. Stre t sweeper 41.00/hr. Roller 20.00/hr. Paver 20.00/hr. Air Compressor 15.00/hr. 50 KW Generator 35.00/hr. Sew r Jetter 66.00/hr. Sewer Rodder 33.00/hr. Sewer Vacuum - Trailer 33.00/hr. Sewer Vacuum - Truck 70.00/hr. Groundsmaster Mower 22.00/hr. Pump 6" 25.00/hr. Pump 8" 28.00/hr. . Skid Loader 35.00/hr. Chipper 15.00/hr. Tanker 30.00/hr. CITY STAFF RATES Department Directors $80.00/hr. Assistant City Engineer 60.00/hr. City Planner 60.00/hr. Maintenance Superintendent 60.00/hr. Design/Development Engineer 55.00/hr. Park Planner 50.00/hr. Maintenance Supervisor 50.00/hr. Senior Planner 50.00/hr. Water Quality Coordinator 50.00/hr. Senior Technician 45.00/hr. Proj ct Planner 40.00/hr. T clinician 40.00/hr. Aide 30.00/hr. Intern 20.00/hr. Maintenance Person 20.00/hr. (Regular) 30.00/hr. (Overtime) Sury y Crew (Includes Vehicles 2 person and Equipment) . 70.00/hr. 3 person 90.00/hr. 23 a 1995 FEE TYPE FEE Billing rat s t the 'railroad for fires caused by them: Manpower $ 9.00/hr. Pump r 200.00/hr. Tank r Chi f's Vehicle 150.00/hr. Rescue, Grass Rigs Command Vehicle, Aerial; 500.00/hr. (Minimum 1 hour charge) . Hazardous Material Containment/Clean-up Material Cost Plus' Invoicing Charge Plus Railroad Fire Billing - Rates for. Personnel and Equipment • 24 1(9%1 EXHIBIT "B" (Develop is Escrow Agreem nt) Preliminary Subdivision Application Escrow 41) Waiver of Subdivision Escrow (Initial Deposit) Also appli s to preliminary planned developm nt.(3) $150 per acre $1,500 Minimum for single family $3,000 Minimum for Commercial/Industrial and Townhomes/Multiples $4,800 Maximum Final Subdivision Application Escrow 11) (Initial Deposit) Also appli s to final $4,000 planned dev lop- ment. ") Conditional Use Permit $500" R zoning (when site plan is involved) $500" Interim Use Permit (when site plan is involved) $500") Contract Management Escrow ") (Initial Deposit) Estimated Construction Costs (2) Escrow $ 0 - $150,000 8% ($1,000 Minimum) $150,001 - $500,000 6% ($12,000 Minimum) $500,001 + 5% ($30,000 Minimum) ("Th se are escrow deposits with minimums/maximums, they are not intend d to be actual charges. 42)Costs will be verified by City staff and adjusted as necessary t be comparable to City Projects, thereby insuring arm's length transaction costs. (1"This planned development escrow is not required if it is proc ss d as part of a subdivision application for which an escrow is being coil cted. mThes scrows ar not requir d if a subdivision escrow has b n coil ct d as part f the same application. a� 25