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04/20/1999 - City Council Regular AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING APRIL 20,1999 6:30 P.M. I. ROLL CALL&PLEDGE OF ALLEGIANCE II. ADOPT AGENDA&APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS(BLUE) V. CONSENT AGENDA PINK) A. PERSONNEL ITEMS B. SET Saturday,May 8 at 10:00 a.m.,Eagan Maintenance Facility,3501 Coachman Point as the date and location for the 1999 City auction and declare bicycles,unclaimed property and miscellaneous City property to be surplus C. APPROVE Third Assignment and Consent Agreement and Subordination Agreement-Eagan Business Commons,LLC / ,0 /9 D. TREE contractor license renewal,Outdoor Specialties,560 Lone Oak Road f^a�j E. EXEMPTION from lawful gambling,Valley Viewers 4-H Club,to conduct bingo July 2-4,1999 at Skyhill Park oC Q F. CONTRACT 99-07,approve plans&specs/order ad for bids(Safari Reservoir-Refurbish& Repaint) j� y2 G. COMMERCIAL fertilizer applicator license renewal,Land Care USA(formerly Showcase / Landscape),357 Ulysses St.N.E.,Minneapolis ap� H. PROJECT 717R,receive final assessment roll/order public hearing(Country Home Heights- Street Improvements) 3 I. RESOLUTION,Arbor Day VI. 7:00-PUBLIC HEARINGS (SALMON) 0?.5—A. VARIANCE,Robert Rol,a 3'variance to the required 10'side yard setback on Lot 7,Block 2, Britiany located at 1639 Norwood Drive in the SW 1/4 of Section 33 B. PROJECT 734, final assessment hearing,Town Centre Drive 100(Sidewalk) VII. OLD BUSINESS (ORCHID) P39 A. PROJECT 709R,Hwy.13 Upgrade,Negative Declaration of Environmental Impact Q g B. CONTRACT 99-05,receive bids/award contract(Johnny Cake Ridge Road Extension-Street P .3 J Utility Improvements) 7 / C. CONSIDER Interim Use Ordinance(Moratorium)Cedar Avenue and Highway 13 Study Area VIII. NEW BUSINESS(TAN) 7 V A. COMPREHENSIVE GUIDE PLAN AMENDMENT-City of Eagan,amending the land use of approximately four acres of existing right-of-way,T.H.77(Cedar Avenue),to D-1,Single Family and a REZONING to R-1 (Single Family),located south of Cliff Road between Cedar Avenue and ry Nicols Road in the NW 1/4 of Sections 31 �,b B. ORDINANCE AMENDMENT-City of Eagan,amending Chapter 11 entitled,"Land Use Regulations(Zoning)"to establish"Coffee Kiosks"as conditional uses within the City's 6commercial and industrial zoning districts C. / ORDINANCE AMENDMENT-Chapter Six,Decreasing the Number of Hauler Licenses IX. LEGISLATIVE/INTERGOVERNMENTAL AF S FAIR UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. 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. Updated 4-16-99-10:50 a.m. MINUTES....:A :4' .. :ING OF THE Aft CITY COij • Eagan,Minneso4e April 6,1999 A regular meeting of the EaganCiljr: of } �i5 ?e ii on Tuesday,April 6,1999 at 6:30 p.m. at the Eagan Municipal Center. Present weand Councilmembers Masin,Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges,Senior Planner Mike Ridley, Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. Mayor Awada asked for a moms t:o€;s t►Gs•t9.ac:kno ledge the death of Eagan's second mayor Leo Murphy. . AGENDA City Administrator Hedges note.04 #:j;%piit nua qt'-W been requested by the applicant for Item D of New Business,Interim Use Pes�iit �ayza k.l#ay£enter. Councilmember Bakken moved,Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 16,1999 REGULAR MEETING Councilmember Blomquist move d;• ¢t .9;�Wwher Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCX;1-6 3:0.814ECIAL MEETING Councilmember Blomquist req>q} c1'ffiat the second sentence of the second paragraph on page three be revised as follows,"The area iiicluded more than the Cedarvale area within the boundaries of the possible location for the station." She also requested that the three references to Rahn Road in the third paragraph on page three be changed to Silver Bell Road. Councilmember Blomquist moved,Councilmember$akken seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE FEBRUAKY 9,1949 PECIAL MEETING Councilmember Blomquist moved,Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD W;SINESS Councilmember Masin moved,Councilmember Bloi i4iiist seconded a motion to acknowledge former mayor Leo Murphy,who passe i !7s€: ! ;;:oit� 'ble channel 16. Aye: 5 Nay: 0 Councilmember Masin commended the staff who participated in the presentation that was recently provided to realtors. Mayor Awada thanked CourtiWember Masin for serving as acting mayor in her absence. CONSENT AGENDA Mayor Awada requested Item E be separated. Councilmember Blomquist requested Items H and 0 be separated. City Administrator Hedges stated that Items I and S should also be separated. EAGAN CITY COUNCIL MEETING MINUTES;Aj;$j�,�.l.9gg. PAGE 2 Councilmember Bakken moved, Pcilmember Maki:seconded a motion to separate Items E, H,I,O and S and approve the Consent Age�D' A. Personnel items Item 1. It was recommended to approve the hiring of Antony Wrobel as a dispatcher in the Eagan Police Department. Item 2. It was recommended to approvegazer as a seasonal recreation program assistant. Item 3. It was recommended to approve the hiripg:0 Andre*:Pppang as a seasonal ballfield attendant. Item 4. It was recommended to approve-&"g** of Ti-ii y.Elinski,Megan Lynch and Ryan Rausch as seasonal park maintenance workers. Item 5. It was recommended to approve the hiring of Mary Jean Kresky as a seasonal recreation leader. Item 6. It was recommended to accept thg;).-Iter of resignation(retirement)from Deanna Kivi,assessment clerk. Item 7. It was recommended to accept the le"ii5 of re'*r &>ibh from Neil Anderson and Renee Koski, Community Service Officers. B. Request for public hearing,certificate od2rit utilities-May 4,1999. It was recommended to schedule a public hearing for Tuesday,I1 4;'1999 to consider certification of delinquent utilities to the property tax rolls. C. Request for public hearing delinquent weed and false alarm bills-May 4,1999. It was recommended to schedule a public hearing for May 4, 1999 to consider certification of the delinquent weed and false alarm bills to Dakota County for collecrn. �t�pert�#axe.:.;. : • D. Resolution calling outstanding General ObligatiQR.Water Revenue Bonds of 1983 for redemption. It was recommended to approve a resolution calling.u�standinj`eneral Obligation Water Revenue Bonds of 1983 for redemption. E. Resolution appointing Y2k Coordinator. This item was pub'd from the Consent Agenda. F. On-sale wine application,Parkview Golf Club,LLC. It was recommended to approve an on-sale wine license for Parkview Golf Club,LLC located at 1310 Cliff Road. G. Application,MnIZeleaf Forest Health Grant. It was recoezjended to authorize the submission of an application for a 1999 Minnesota ReleafC9 A?1I?uzuty:Foretealth Program Grant from the Minnesota Department of Natural Resources. H. Contract 99-01,receive bids/award contract(Johnny Cak-e:-ldge Road,Thomas Lake Road,Woodgate 3rd/Tiberon/Mallard Park 3rd-Street Overlay). This item w":Vulled from the Consent Agenda. 1. Contract 99-05,receive bids/award contract(Tohnny Cake Ridge Road Extension-Street&Utility Improvements). This item was pulled from the Consent Agenda. EAGAN CITY COUNCIL MEETING MINUTES;A�'1?i1.6.1��9.•::•;;;;;;;;::.; PAGE 3 J. Contract 99-08, authorize plans and spells (Denmark Avenue'Ptension-Street&Utility Improvements). It was recommended to a�jborize the prep�.ian of detailed plans and specifications for .Contract 99-08 (Denmark Avenue Extension 4::-%xet and.1; "'Improvements). K. Contract 99-09,authorize plans and specs (Ac****' Methodist Church-Sanitary Sewer Extension). It was recommended to authorize the preparation of preliminary plans and specifications for Contract 99-09(Advent United Methodist Church-Sanitary Sewer Extension). L. Contract 99-03,approve plans/order Reservoir-Refurbish&Repaint). It was recommended to approve the planse Doodle Reservoir-Refurbish& Repaint)and authorize the advertisement for a b4i ening tq:pk held at 10:30 a.m. on Thursday,May 6, 1999: M. Project 765, receive feasibilireporttbi- er p lY,jli eannizAobin Lane-Sidewalk Improvements) It was recommended to receive the draft feasiBilfty repots l tii': roject 765(Robin Lane-Sidewalk Improvements)and schedule a public hearing to be held on May 4,1999. N. Contract 99-06,approve plans/order ad for bids (Duckwood Estates &Trail-Street Improvements) It was recommended to approve the plans for Contract 99-06(Duckwood Estates and Duckwood Trail- Street Improvements)and authorize the;ad-Yertisement for a bid opening to be held at 10:30 a.m. on Thursday,April 29,1999. O. Project 663,receive final assessment roll/order pubhc: 6*rine(Valley View Plateau-Street&Utility Improvements). This item was pulled from t1 tonsentAgmss��: P. Final Subdivision-D.R. Horton Comga"rW` 6*:Oartienwood Ponds Fourth. It was recommended to approve the Fugal Subdivision(Gardenw-'notl'Ponds Fourth)consisting of 27 lots located north of Northview Park Road and east of North Ridge Drive in the NE 1/4 of Section 23. Q. Final Planned Development-DRF Construction Services,Inc. for Lot 3 Block 1 Galaxie Cliff Plaza Third Addition. It was recommended to approve the Final Planned Development for a 4,756 square foot office building to be located south of C"T=m d Plaza Drive in the NW 1/4 of Section 32. R. Approval and implementation-Comprehensive-Guide Ply Amendment-Springbrook Corporation changing the land use of approximately 10 acres fri t}PF to UST;a rezoning from P to R-1 and a Preliminary Subdivision(Southern Lakes West)to.O;Lte 1510#$ It was recommended to implement a Comprehensive Guide Plan Amendment changing'tfie existirig:K;and Use Guide Plan designation of a 10 acre parcel of land located east of T.H. 3 between Diffley Roa;±*ia id Cliff Lake Road from PF,Public Facilities to R-1,Single Family Residential in the southeast 1/4 of Section 25 and to approve a Rezoning of approximately 10 acres from P,Public Facilities to R-1,Residential Single Family in the southeast 1/4 of Section 25 and to approve a Preliminary Subdivision entitled"Southern Lakes West" located in the southeast 1/4 of Section 25,subject to the conditions listed in tl . ebruary 23,1998 APC meeting minutes. S. 1999 Community Services Open Houselzudiet,;T lis itp. j was pulled from the Consent Agenda. T. Request to draft ordinance amen dmeriftid f iapteY'6''re Xi afn"&solid waste and recycling transfer stations. It was recommended to authorize the City Attorney.#*prepare an ordinance amendment to Chapter 6 regarding solid waste and recycling transfer statiQtiS : U. Final Plat,(Saeger Addition)Brian Saeger. It was recommended to approve a Final Plat(Saeger Addition)of a 1.6 acre parcel of land located north of the Union Pacific rail line between T.H. 77 and Nicols Road in the SW 1/4 of Section 18. EAGAN CITY COUNCIL MEETING MINUTES; •bfa949•;;::.:;•::.:•:: PAGE V. Tree Contractor license,Northern Landscape,5201 W. 106 St,Bloomington. It was recommended to approve a tree contractor license for Norte Landscape loadW at 5201 W.106 St.,Bloomington,as .presented. Mayor Awada acknowledged the five itemseparated from the consent agenda. In regard to Item E,Resolution,appointing,Y2k Coordinator,Mayor Awada noted that Finance Director/City Clerk VanOverbeke will be the City's Y2k Coordinator and also noted that Councilmembers Bakken and Carlson were: t..0.... 2 ......tatives to the Y2k Committee. . ?. Mayor Awada moved,Councilmember Ban secon** le.4 a motion to approve a resolution appointing Finance Director/City Clerk VanOverWe ;c as the City's Y2k Coordinator. Aye: 5 Nay: 0 Councilmember Masin said that . ears Ctiiiaia Bill Luther on the radio talking about a Y2k session that he recently held and she glhied if SM-Ftiid attended. City Administrator Hedges indicated that a staff member from the City was present. In regard to Item H,Contract 99-01,receive bids/award contract(Tohnny Cake Ridge Road, Thomas Lake Road,Woodgate 3rd/Tiberon/Mallard Park 3rd-Street Overlay), Councilmember Blomquist indicated she would be voting:Against this item. • Councilmember Bakken moved,Couriciitlier.Carlson seconded a motion to receive the bids for Contract 99-01 (Johnny Cake Ridge Road,TJw as i e'12oadf Woodgate 3rd%Tiberon/Mallard Park 3rd-Street Overlay),award the contract to Bibi inous,IZ }ic=a}s,Inc.,for the Base Bid in the amount of $358,238.00,and authorize the Mayor and Qqt .-Cler• ;tci "Xeciite all related documents. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item I,Contract 99-05,receive bids/award contract(Tohnny Cake Rid eg Road Extension-Street&Utility Improvements),Mayor Awada moved, Councilmember Bakken seconded a motion to receive the bids for Contract 99-05(Johnny Cake Ridge Road Extension-Street and Utility Improvements),award the contract to Ryan Contracting,Inc.,for the Base Bid in the amount of $1,066,695.39, and authorize the Mayor aittt? ec;#n>skGge all related documents. Director of Public Works Colbert stated thaC:jtis item;should be continued to the April 20, 1999 City Council meeting. Mayor Awada rescinded her previous moffoit. Mayor Awada moved,Councilmember Bakken seconded a motion continue Contract 99-05 (Johnny Cake Ridge Road Extension-Street and Utility Improvements)to the April 20,1999 City Council meeting. Aye: 5 Nay: 0 In regard to Item O,Project 663,receive final assesspte2Lk roll/order public hearing(Valley View Plateau-Street&Utility Improvements),.�ou�4i�memk2�L$1oA?quist indicated she would be voting against this item. Councilmember Bakken moved,Councilmember CaxW seconded a motion to receive the Final Assessment Roll for Project 663 (Valley View Plateau-Stree#:aiO Utility Improvements) and schedule a public hearing to be held on May 4,1999. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) In regard to Item S,1999 Community Services Open House budget,City Administrator Hedges requested the budget amount be increased by$400 and explained the need for the additional funds. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1 PAGE 5 Councilmember Carlson moved,; puncilmember Masin seconded a motion to approve the 1999 Community Services Open House budgeiruest as amend::::*,ye: 5 Nay: 0 A NDA SPECIAL CITY COUNCIL RETREAT/GOAL SETTING City Administrator Hedges provided an overview on this item. Councilmember Blomquist indican :fit t Fie et y lmittee meeting and the Cedar Avenue/Highway 13 Task Force meeting on Aprifj:3::conflict:*Mt b the Special City Council meeting. Councilmember Carlson suggested changing the meeting time of the Special City Council meeting from 4:30 p.m. to 5:30 p.m. Councilmember Bakken moved,£biiri i7memb*?:I: a in seconded a motion to schedule a City Council goal setting retreat for April 13,1999 at 5:30 p.m. Aye: 5 Nay: 0 CEDAR AVENUE AND HIGHWAY 13 TASK FORCE City Administrator Hedges proz�eOl an overview on this item and stated that Councilmember Carlson had suggested that consideraticitj;�:*,iv.ox to the appointment of an alternate to represent the residents and an alternate to represent the bugiSs: t?> tees on the Cedar Avenue and Highway 13 Task Force. Councilmember Blomquist questioner::tbc.-hili #e:�vr'appointing an alternate to each of these groups. Councilmember Carlson stated.tljra�'::gl. :tlie'six-month duration of the task force,the alternate would be able to serve as a backup at meeiltigs when an appointed member is unable to attend. Councilmember Blomquist said that the appointments of alternates should have been addressed with the chair and vice chair of the task force. Councilmember Masin moved,Councilmember Bakken seconded a motion to appoint an alternate to the resident group and to dig,.. te;� tr ��. rou;p;Io appoint an alternate. Aye: 5 Nay: 0 By ballot,Lesley Chester was appointed as:•t-he reside;)#.alternate. COMMERCIAL FERTILIZER APPLICATM-1 ICEN$)WNEW FRONTIER LAWN SERVICE City Administrator Hedges provided an overview ori•t1i[is item. Mayor Awada moved,Councilmember Carlson seconded a motion to approve a commercial fertilizer applicator license for New Frontier Lawn Service as presented. Aye: 5 Nay: 0 LEGISLATIVF/INTERGOVEWgENTAL AFFAIRS City Administrator Hedges _0 's designated Rochester as the "Community of Promise" pilot site. He aclet ttat'f#te T eagMe'intends to make this a model program which can be transferable to other Minnesota cities. He proy�ftd a brief update on pending legislation. Councilmember Blomquist stated that,according to the Clers�s::Office of the House of Representatives, not much legislation is being approved this session. Counciliriember Masin stated that a bill has been proposed to repeal the transit zone and she requested the public encourage their legislators not to support the repeal. She noted that representatives from the MVTA will be meeting with the chair of the Metropolitan Council on Monday. EAGAN CITY COUNCIL MEETING MINUTES;ALXL0.lg��: PAGE 6 City Administrator Hedges said Shat he had been con&fed by the Inver Grove Heights City Administrator who is proposing the Cityncils of Inver Wv Heights and Eagan meet to discuss common boundary issues. Councilmember Masin moved,Councilmelli'tier'Carlson seconded a motion to schedule a joint meeting with the Inver Grove Heights City Council on April 26,1999 at 5:30 p.m. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 758,SUItIWf # +: I 'REET OVERLAY) City Administrator Hedges provided an 0M. ie w on tli s item. Development/Design Engineer Gorder discussed the project details. Councilmember Carlson moved,.:-.0 itirCflmem' ;tW<Ken seconded a motion to approve Project 758 (Surrey Heights Drive-Street Overlay)and authorize the preparation of detailed plans and specifications. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one,she closed the public hearing and turned the,discussion back to the Council. A vote was taken on the motion. Aye :*':::il.i,]:.(�ouncilmember Blomquist opposed) PROJECT 749,EAST HIGHWAY 55 SOUTH FRONTXG-E: (JAD, (STREET RECONSTRUCTION) City Administrator Hedges proviFlcl aii; ierview on this item. City Engineer Russ Matthys discussed the project details. Mayor Awada inquired about the cul-de-sac option that was discussed at the April 2 neighborhood meeting. City Engineer Matthys indicated that cul-de-sac options were discussed at this meeting,but noted that the major concern expressed by residents was the impact of the proposed townhouse development. He further n4*d:&xt- p1Jon- :woxldlimit access to Highway 55 from the ' e ade that there are also safe concerns with townhouse development to a right in/ri�Jt#;QiiiJ;;i�xi#�::::�;1;::;;; ,,., safety regard to Option 3 which would allow both right and left turrts gnto T.H. 149. He said that staff was concerned about the potential loss of funding frorri.i&DOT lamed on the need to incorporate access management improvements. He further said that WDOT ex`*` ssed concern about the elimination of the frontage road access to the townhouse developmeA:Tie statgl::ihat MnDOT may reconsider funding assistance if there are negative impacts to Highway 55. Direcf*?of Public Works Colbert noted that MnDOT wanted to reevaluate Option 1 due to safety concerns created by limited sight visibility. He said that MnDOT's response to that study has not been received yet. Mayor Awada opened the public hearing to anyone wighing to speak. Rob Tapp,3325 Highway 55,said that J?is main concern is with the proposed townhouse development and the impact the increasal ?fia 'oil d►e frontage road. He further said he is concerned about the safety of kids accessff:ffi_i'�iirs'sto�'aitif;fhe* convenience store in the area. He stated that,according to the City Code,taxpayers should only be re6p sible for the overlay costs and not fot the widening of the road. He added that Option 2 meets bot#i.Me City's and MnDOT's goals. He questioned why properties on Joyce Court are not included in the cost sharing of this project. City Engineer Matthys stated that only property adjacent to the proposed improvements are assessed. Mayor Awada asked Mr.Tapp his preference for access to Highway 55 from the townhouse development. Mr.Tapp said access through the Schaaf property may be possible or he suggested they • EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999• PAGE 7 could negotiate with the property ownei'to the south of the development. He also suggested that a traffic signal be installed at Chapel Lane and T.R-149. Don Chapdelaine, 575 Chapel Lanej:fi'�*'J* t tit Vt#dike caution needs to be used in determining the safest access to Highway 55. He said he pref&-I%t ' *ption 1 because it provides a safe access,but added that this access is contingent upon the results of MnDOT's study regarding sight lines. Chuck Ahlberg, 565 Chapel Lane,said that safety is paramount. He further said that it is his understanding that the Schaafs are not in#er i;att+;{ievR1Q •4heir private road and added that this option would also require additional prc3iisYji:o-t#ie: S;:: esY�tited that the east access is poor and that the west access is the best option. Sharon Manninum,624 Sally Circle,expr4S$gd her coi�if�m with safety of children accessing the bus stop. She also expressed concern w#tk. p 't :tsfrp�a�tS: q'$ur Oak Park and added that the residents in this area do not have accessd #ie'frail syst : Lynn Larson,3225 Random Road,stated that Option 3 will cause congestion problems since cars and semi-trucks will have to turn around in the Amoco parking lot. Ms. Manninum noted that Amoco is not going to be the only service station in this area and said that Kwik Trip and Holiday will provide some relief to the congestion problem. •.• Dwight Larson,3225 Random Roa'if;s& #tat. ie.otimum access is just west of Random Road. He added that most of the traffic travels west;on Highsvay: 5' He added that the access between the frontage road and Highway 55,as well as Higj►�,ay 55,i�pt3=plowed in the winter and requested the City do its best to address this issue with Mnj:m. There being no one else wishing:1j6*:-9p1?ak,Mayor Awada closed the public hearing and turned the discussion back to the Council. Mayor Awada suggested that,since MnDOT's study regarding sight lines at the easterly access has not been completed,it would be best to continue this item for 30 days. Mayor Awada moved,CounciFtiti�":� a motion to continue Project 749(East Highway 55 South Frontage Road-Street Reconstruction) to ttia May 4,1999 City Council meeting. Councilmember Carlson requested clarifiM:jpn on th;;:R nefit of closing the access point west of Random Road. Director of Public Works Colbert sued that***:::*:'access point does not meet MnDOT's spacing guidelines and added that there is not enough right-df-way for a full standard access. He said that, given the potential impacts,the property owners to the north should be noticed regarding the May 4 City Council meeting. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 764,SELMARK,HARVEY,BURRVIEW AWS, (STREET RECONSTRUCTION) City Administrator Hedges prdthis item. Mark Hanson,Bonestroo Rosene,Anderlik&Associates,Inc.,discussed the project dptA*. Councilmember Masin moved to continue the project:`' Director of Public Works Colbert noted that it was not necessary to continue this project due to the continuance of Project 749 and said that this project could be combined with another project for economies of scale. Councilmember Masin withdrew her previous motion. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 PAGE Councilmember Masin moved,C&n ncilmember Bakkeit'SQconded a motion to approve Project 764 (Selmark Addition,Harvey Addition,Burow Acres-Street-#"rovements)and authorize the preparation of detailed final plans and spe t 3 it.ons. Mayor Awada opened the public hearing'totgfriie wishing to speak. Dwight Larson,3225 Random Road,said that the street should be reconstructed after the construction of the proposed Windsor Estates development in order to prevent damage to the new street. He questioned why repairs were made to:Aandotxt Rcip'J,hetweeA•Rita Court and Sally Circle last fall. Director of Public Works Colbert stated thg;ktiucturaj:�i pairs are performed the year prior to the reconstruction project in order to accommodate the overlay. Tvffflianson noted that only an overlay will be done in this area this year. �~ Steve Tietjen,555 Chapel Lane,said:W�'4oadtie itji 1✓ots 5 and 6 is too narrow and he requested it be widened to City standards. Mr. Hanson said that this request was raised at the neighborhood meeting,in addition to a request to eliminate the curve. He added that they will attempt to accommodate these requests. Director of Public Works Colbert noted that doing so may result in additional tree loss. Chuck Ahlberg,565 Chapel Lane;9W:; i that,if the Heritage Development(Cherryw�ood Knoll) is approved,he would prefer the development:'be.... ??cted prior to the reconstruction of Chapel Lane. He expressed concern with lack of access to Highwa}r��:yf Ftojects 764 and 749 are constructed at the same time. Sharon Manninum, 624 Sally Circle,.5fated,41�af-iriany of the residents agree that changes are necessary in this area and are willing to meeting with the City Council,staff and MnDOT. She suggested the project be delayed in order to work on some solutions. There being no one else wishing to speak,Mayor Aw,ada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson agreed.'. . i ip et-and that this project should not move forward until decisions have been made regarding•pr.Qposed development in the area. Councilmember Blomquist said she was in favor of delaying the prcict until acY7tional meetings have been held and further studies completed. Mayor Awada suggesto:"Ie City ouncil approve the project now and proceed at the appropriate time when developmer*:!ans have:peen determined. Councilmember Blomquist requested additional information on this project. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) OLD BUSINESS:...:.:: REVIEW WINTER TRAIL MAINTENAKCE PLAN/POLICY City Administrator Hedges profiil'e�4tv:vv4 oie i;~ti-Wis item. Director of Public Works Colbert gave a staff report. Councilmember Masin referred to Request No. 6 to deleie the east side of trailw>ay located on Pilot Knob Road from Wescott Road 418 feet north in an effort to alleviate the concerns about snow and sand being placed on private property. Director of Public Works Colbert stated that every attempt is made to minimize negative impacts of service delivery. He explained the difficulty in communicating special requests for certain areas of EAGAN CITY COUNCIL MEETING MINUTES;API?ii.6.1999..; •::;:::::,;:::.• PAGE 9 trails given the private nature of the snow:�lowing service. He'a8ded that staff would be willing to work with the property owners to mitigate their•'tpncerns. Councilmember Carlson moved,Couei} fken seconded a motion to review and modify the current Winter Trail Maintenance Plan j'1'olicy with the modifications noted below: Deny Request No. 1 to add sidewalk located on the north side of Duckwood Drive between Lexington Avenue and Falcon Way. Deny Request No. 2 to add the njirffi;5f�: f:tp1lw,Z :} dated on Yankee Doodle Road between Pilot Knob Road and Coachman' eE: . Approve Request No. 3 to change to plow' 'khe nor t -We of trailway located on Yankee Doodle Road between Coachman Road and Heritag-S Lane/Blue Cross Road. Approve Request No.4 to add east side ' txE•t�;'mall way 1(�6�d on Dodd Road between Hay Lake Road North and Cliff Road. Deny Request No. 5 to add trailw�'1'ocafed oit:W:north side of Cliff Road from Thomas Lake Road to Lake Park Drive. Approve Request No. 6 to delete the east side of trailway located on Pilot Knob Road from Wescott to Duckwood and switch to the west side Councilmember Blomquist expxesse,d her concern with Request No. 6 and said she would prefer that the concerns be mitigated as opposed{4:o�o.w, the west side of the trail instead of the east site. She said that access to the Promenade could be p'roV`- e- .Yh ;full length of Yankee Doodle Road is plowed on the north side. Mayor Awada supported Councilme,4*er:c4rgscVii'9'iiotion. Councilmember Carlson stated that the Council needs to be conservative wilb* C tb''cbsts associated with plowing additional trailways. Director of Public Works Colbert stated that potentially affected property owners have not been noticed in regard to Request No. 6,to switch plowing from the east side to the west. Mayor Awada said that the plowing of trailways was implemented last year as a preliminary program and was subject to change. Councilmember Bakken added that any responses to the proposed changes can be addressed during the next review period. The vice president of the Lexington Place Cgndominivai Association stated that the residents of the condominiums followed the correct procedure:#b;submitgcg a petition for Request No. 1 and explained the rationale for plowing this segment of xailway.;: buncilmember Carlson stated that she appreciated the fact that the homeowners followec#''t&correc#s idelines,but added that plowing private neighborhoods is not the intent of the program. Councilmember Masin supported Request No. l by the homeowners association and said it was not an extraordinary request and said that this area could be considered part of the Town Centre area. Councilmember Blomquist concurred. Councilmember Bak1CdZ3nquired about the cost to the homeowners association to have this segment plowed privat* . The vice president of the association indicated that they recently switched c9 T1 $r1 9 19 F ;aIu�, 1 �enQ received a cost estimate from their new contractor yet. Mayor Awada noted that last year was the first yeavdithis program and stated that the Council was concerned about cost and fairness. She added that a deei3ion was made to plow only one side of collector roads. She further added that there are many areas similar to the Lexington Place Condominiums and said that if the Council agrees to other such requests the cost of the program will increase substantially. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 PAGE 10 Councilmember Bakken questioriid if it would be feasible for the City's private contractor to plow some of these areas,which may resu#t;Ap lower plowing:�[a$ts for the residents. Councilmember Carlson stated that the City should not be i�i.*ioived in the.T.Ati ent of plowing services in these areas. Councilmember Masin indicated she would-IieWting against the motion because she was supportive of Request No. 1. A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Masin opposed and Councilmember Blomquist abstained) RECONSIDER ACTION FOR HERITAGE.-MVELOP ERNT(CHERRYWOOD KNOLL) No action was taken on this item. CONFIRMATION O ';F ''I3fNG :Q ,E>r `T,CONCLUSIONS & RESOLUTION OF DENIAL-HERITAGE DEVELOPMENT(CHERRYWOOD KNOLL) City Administrator Hedges provided an overview on this item. Mayor Awada moved,CouncilMember Carlson seconded a motion to approve the Findings of Fact,Conclusions and Resolution of Den afkAe.Cherrywood Knoll Preliminary Subdivision and Planned Development located at the east 64:6f:P**ei.Lax�e in the NE 1/4 of Section 12. Mayor Awada stated that she was supWtive of zern;Mlines when there are no negative impacts. She added that the proposed houses jji the;j�-R&•'i `t oti development were proposed too close to the existing houses. Councilmember Carlson said that this property is Agricultural which has an R-1 zoning classification. She added that zero lot lines are more acceptable in situations involving downzoning. Councilmember Masin noted that the reason the applicant proposed the original small lot development plan was to save trees and,{ rer•. oed;.tat. standard single-family development plan will result in more tree loss. A vote was taken on the motion. Aye: 5 14� 0 NEW B8INES5 CONTRACT 99-02,MEADOWLAND,RIDGE VIEW,SURREY HEIGHTS-STREET OVERLAY City Administrator Hedges provided an overview on this item. Mayor Awada moved,Councilmember Bakken secor4eid a motion to approve the plans for Contract 99-02(Meadowland Addition,Ridge View Acres:Suiiey Heights Drive-Street Overlay)and authorize the advertisement for a bid opt i c+1W.'i j : {; f a.m. on Thursday,April 15,1999. Aye: 5 Nay: 0 INTERIM USE PERMIT-SMCi�-QMPOST SERVICES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmember Masin seconded a motion to approve an Interim Use Permit to allow expansion of the existing yard waste and compost facilityonto Outlot G,Gopher EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 PAGE 11 . ..... .... ..... Eagan Industrial Park 2nd Addition,loca'tetl in the SW 1/4 of Set6Mn 12,north of Yankee Doodle Road at Elrene Road,subject to the following cor�ftons- 1. The Interim Use Permit shad de--:`4 iin 60 days of its approval by the City Council. 2. This permit shall expire June 3,2000,concurrent with the other interim use permits for this compost facility. 3. This Interim Use Permif s%If*l*e 6*.',14 ih: ;%Anual administrative review. The purpose of such review shall be to determiger;that the:q-i�ditions of the permit are within compliance. The Interim Use Peri�it•may be*V*' oked for failure to comply with any condition of the permit following: .0lice of tl?E:Rncomphance and a hearing by the City Council with allinteres }:gS: jg;g; in opportunity to be heard. 4. The expansion shall comply with the plans dated February 16,1999. 5. A ponding area shall be constructed to contain runoff from the expansion on Outlot G. The design of these ponding areas is subject to review and approval of City Water Resources staff. 6. A grading/excavation perriiiI.*K-*r�y iii ed.for the grading of the site. Councilmember Carlson commented;© the odor And:t&land use compatibility of the site. The manager of SCM Compost Sern?fcs iitIieafed that each year he checks with the City and has not received any complaints about the OA*O* A vote was taken on the motion. Aye: 5 Nay: 0 INTERIM USE PERMIT-WAYZATA BAY CENTER COMPANY (ISD 191) City Administrator Hedges provt4t:;aik:tj�;q�ciie� .** item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilr r ber Maggi i seconded a motion to approve an Interim Use Permit(IUP)to allow a 6,000 square foot expa�'slon to thxisting 10,000 square feet of classroom space within the Cedarvale Shopping Center located at 3914' ley Memorial H A y. in the NE 1/4 of Section 19 subject to the following conditions: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on Tune 1:2003, termination date of June 1 2008 was changed to reflect an afft ) Bfl#kiy; io i3pvada as noted in the discussion that follows:) 3. School operations shall be limited to 8:00 a.M:$4:00 p.m. 4. The number of students in grades 7 through 12 shall be limited to 50 with the total number of students in grades K through 12 not to exceed 90. (A limit to the number of students in grades 7 through 12 was added to reflect an amendment by Councilmember Carlson as noted in the discussion that follows.) EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 , PAGE 12 5. All students shall be bu4gl to and from the site.. 6. No school or recreational'l� t3vities shall b led on-site outside of the Cedarvale building. 7. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit follo.w#.&notice of the noncompliance and a hearing by the City Council with all interests BMs: ig; ierit opportunity to be heard. g The existing Interim 14;e n,._ it 4411'63 a (This condition was deleted to reflect an amendment by Council> Carte as noted in the discussion that follows.) Mayor Awada stated that she was going to vote'against this item because she does not support any development in this area until the Cedar Avenue/Highway 13 Study has been completed. Councilmember Carlson concurred with Mayor Awada and commented that Interim Use Permits can be terminated either at a specific date or due to a specific event and questioned whether it made sense to tie this to an event that may be related *,:4-R outcome of the redevelopment study. She asked how an event to terminate would affect a private'Iease: :O'fy.:Aftorney Sheldon responded that the City is not party to any private lease arrangement and thaf aii:l ter•'i :I;w.Permit is granted to the property owner and affects the land use of the property. May*:Awada'fCiYtlier.,plained that she was concerned that, should the redevelopment study determine tlQ-acqi.4iaip)bh Cedarvale property is necessary, the extended lease would add value to the proper : s~sili$'tri higher acquisition costs to taxpayers. Councilmember Carlson offereda'friendly amendment to delete Condition No. 8 and to change Condition No.4 to limit the number of students in grades 7 through 12 to 50. Councilmember Bakken accepted the friendly amendment which resulted in Councilmember Carlson becoming the seconder to the original motion. Mayor Awada offered a friendly*:� ieik term of the IUP to five years which would terminate June 1,2003. Councihiidiiibdr'Baklth-seeept*6 -the friendly amendment which resulted in Mayor Awada becoming the seconder to the oril motion;:;: Gregg Larson,representing Wayzata Bayeiter,statlkt :Zhat the shortened term of the IUP will result in undue financial hardship for the property owner anQ{ b 191. Councilmember Masin commented that there needs to be a place to teach kids who require a special needs program such as this. Sue Grissom,representing ISD.191,questioned the nt�tion on the floor. Mayor Awada stated that the original motion to approve the IUP was necessary to get ffie-hnotion on the floor for discussion purposes and said that the motion had keO:A-4i 2si:1v;:r,.,4i4vm0e term limit,to limit the number of 7th through 12ffi grade students to 50 and toiai ;t#i ;i~cje)it; 3'request from the existing permit. A vote was taken on the motion. Aye: 3 Nay: 2 (Cicilmembers Masin and$lomquist opposed) • EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 PAGE 13 INTERIM USE P&MIT-WAYZATI✓.*kY CENTER COMPANY (DAK0J-' .COUNTY TECUNWAL COLLEGE) Councilmember Bakken moved to. . it::City Attorney Sheldon stated that there are time requirements that have to be met and inifitic 'be more appropriate to deny the application. Senior Planner Ridley said that the item should be continued to a date specific. Councilmember Blomquist questioned if the Council denied the application would the applicant be required to reapply, thus resulting in additional fees. Senior Planner Ridley indicated that the applicant would be required to reapply if the request is denied. Councilmember Masin moved,Councilineit 10-BIoir ist seconded a motion to continue,at the applicant's request,the Interim Use Permit(IUP)f6 tow 6,166:S4uare feet of the existing Cedarvale Shopping Center(located at 3914 Sibley Memoriak*Rwy. in the:-ME 1/4 of Section 19)to be converted into classroom space for the Dakota County TS5bnic��* cvS�dct�iizing training department to the May 4, 1999 City Council meeting. Councilmember Carlson stated that she would have preferred to consider this application following completion of the Cedar Avenue and Highway 13 Study. Mayor Awada said that she was opposed to further development in this area at this time and would rather deny the application than continue it. A vote was taken on the motiori.'':A A:. 4y:..1 (Mayor Awada opposed) CONDITIONAL USE P MIT-Co'' RATE SITE CONSULTANTS City Administrator Hedges providis item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow the outside storage of semi-tractor trailers upon a 10 acre site located south of Stark's Restaurant between T.H:149 and the Canadian Pacific rail line in the northwest 1/4 of Section 12 subject to the following conditions: 1. The subject property shall"lie'pl'alfe,d*.Pi?b;:'t*U,-b iilding permit issuance. 2. The Conditional Use Permit shall W*recorded-Within 60 days of its approval by the City Council. 3. The landscape plan shall be revised to provide plantings around the perimeter of the proposed building. 4. All site fencing shall comply with the applicable requirements of the City Code. 5. The exterior finish materials of the proposed;:cgice building shall be revised to comply with applicable City rec�ytrtts;; 6. The proposed trash enclosure shall be no less than six feet in height or greater than ten feet in height and shall be constructed of it�,O mals that match the exterior of the principal structure. 7. All applicable City sign requirements shall be satisfactorily met. 8. The development shall meet its water quality mitigation requirement entirely through ponding,either on-site or through the expansion of EP-4. The proposed ponding area EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 PAGE 14 shall be constructed to n1of the City of Eagan:�:l*etention Basin Design Standards with a surface area and wet volume of at least.44 acres And 1.7 acre-feet,respectively. Skimmers of suitable desi• :to the City shat l*lnstalled on the outlet of all detention basins and the discharge pipte ;axr ;oi#-- ke detention basis shall be extended to the NWL of Pond EP-4. 9. Detailed plans and specifications covering the construction of the retaining walls on the site shall be submitted for City staff review with a grading or building permit application for this development. 10. The developer shall be responsible:*fi''iii's't"Wend maintaining erosion control measures in accordance with City i fAdards. 11. The developer shall be resvomilsl't;fa?:work} }**ith the"Kwik Trip" development to ensure that the storm se,."': 5 i is r4 ei :sized to accommodate the drainage from the subject site. 12. The developer shall be responsible for any needed modifications to Pond EP-4 to accommodate the additional storm water runoff from this development. 13. On-site storm runoff sh&be.accommodated via catch basin structures and storm sewer pipe in accordance withi*Gif r standards. 14. The developer shall construct:`:. se ice. accordance with City standards from the water main to the proposed b� lding.....;;.;.;:;:: 15. The developer shall 0 tfopolitan Council-Environmental Services permit for connection to this sanitai' sewer. 16. The applicant shall extend the urban street construction of Borchert-Ingersoll Road further to the west to accommodate the proposed west entrance of this development. The entrances to the site froip Borchert;Ingersoll Road shall be constructed with concrete aprons in accordance 17. The developer shall obtain MnDO .&rmit appioval for any work within the right-of- way of T.H. 149,including for any. sible sten water discharge. 18. The development shall dedicate right-of-way;m the upgrade of"Borchert-Ingersoll" Road on this property. 19. The parking and storage areas shall be surfaced with concrete or bituminous pavement with concrete curb and gutter around the perimeter of the development and the site plan shall be revised to specify such surfacing makmals. 20. A more detailed landsca•1t� til Thal b ;s itted to include size and species of plant material, , Councilmember Carlson questioned if MnDOT need§$C approve access from Borchert-Ingersoll Road to T.H.149. Senior Planner Ridley stated that this is al i.dy an approved access. Councilmember Carlson inquired whether there would be left-hand turn lanes. Director of Public Works Colbert said there are no left-hand turn lanes proposed and further said he was unsure if a bypass exists. He added that Borchert-Ingersoll Road has been used as a commercial/industrial access for years. Councilmember Carlson expressed concern with semis turning left and causing traffic to back up on T.H. 149. Director of Public Works Colbert stated that this was a legitimate concern and suggested a condition be added EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 PAGE 15 requiring a bypass lane be installed. Coitrteilmember Carlson*' that,in addition to a bypass lane,a right-turn lane should also be installed. Jack Hoeschler,attorney representi die q itt}iNner,noted that approximately 12 trips to and from the site are expected per day and said :}�o-generated will be minor. He added that most of the traffic will be traveling from the north,utilizing the right-turn lane that will be constructed in conjunction with the Kwik Trip development. Councilmember Carlson reiterated that a bypass lane is necessary to safely accommodate the traffic. Mr. Hoeschler stated that they would prefer to monitor the situation to determine if a bypass lane is pKegAFX.:Couneilmember Masin questioned if 12 trips per day is a major concern. Councilmember Car;SQ t ii :k afi tyi ffi i6 l businesses will be located in this area . and questioned the long-term plan for T.H. 149 in: is*area. 0j$k;:tor of Public Works Colbert explained that the upgrade to T.H. 149 between Highway 55*i rib Wesc6if- oad is programmed for the year 2002 in the City's Capital Improvement Program. A vote was taken on the motion::; }X. i�',::4'Nay ; :: cs ihcilmember Carlson opposed) CONDITIONAL USE PERMIT-RUSSEL METALS BAHCALL GROUP City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved; er Carlson seconded a motion to approve a Conditional Use Permit to allow outside storage of-hi s 1 tanks on property at 1034 Gemini Road, legally described as Lot 10,Block 6,Eagandali?;fenter IriciustriakPark No. 3,located in the NW 1/4 of Section 11,subject to the following conditions;;:; 1. The Conditional Use Pci j*V' `1l be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The tank shall be located in the rear yard as shown on the site plan dated September 11, 1998. 3. A protective barrier thst:'is a� pta }4 Fire Marshal shall be installed around the tank. 4. The area west of the building at tli�:�iorth en4-otf the property shall be landscaped to provide screening of the tanks anjk-�Oar yard-'ftm Gemini Road. 5. The gravel area west of the building,except areas necessary for vehicle access to the tanks shall be converted to green space by July 1,2000. Councilmember Masin questioned the safety of the siQrage tanks should an explosion occur. The applicant stated that the tanks are built accordirigib industry standards and must also meet Uniform Fire Code requirements. A vote was taken on the motion. Aye. 5 Nay: 0 The applicant requested the condition requiring the:gr%acvel area be converted to green space be deleted and noted that this area is used for snow storage. Senior Planner Ridley stated that the gravel area is not consistent with the current City standards and further stated that the green space can still accommodate snow storage. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 PAGE 16 CONDITION:&L- USE PERMIT-.TRANSPORT 21 City Administrator Hedges providj' ti:oster Vii; his item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved,Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow the selling,leasing and servicing of semi-tractor trailers (including accessory outside storage)upon a 1.9 acre.PA,1cgl.4f land f l%aUv described as Lots 7,8 and 9,Block 2, Eagandale Center Industrial Park No.3) iCed #oti:giv3fcsRoad and west of the Canadian Pacific . rail line in the NE 1/4 of Section 11 subject to the folloiOin con pns: 1. The three lots which presently ungi'Kie the p trty(and vacated portion of the Apollo Road right-of-way)shall hfe )Qine.�`dito a single legally described parcel via replat. 2. The Conditional Use Permit shall be recorded within 60 days of the replat of the property. 3. Outdoor storage activities shall be confined to the area west of the site's principal structure within the ares.$%ecifically designated on the site plan. 4. No more than 15 tractor trailers�s`hk:*ize: � ed on the premises at any one time. 5. The submitted site plan shall re #t :iieoiporate the vacated portion of Apollo Road. 6. Additional screening sl4n be provided along the south side of the designated tractor/trailer parking area. 7. The existing CUP shall be terminated. Aye: 5 Nay: 0 ROUTW:TABLE::::::: Director of Public Works Colbert announcy*;that the;dual Pancake Breakfast hosted by Boy Scout Troop 453 is scheduled for April 10 at Christ Lutheran cjirch. City Attorney Sheldon noted that an Executive Session would be held following the regular City Council meeting to provide an update on pending litigation including Deerwood Reservoir condemnation,Cliff Road Water Treatment Plant,Cain Addition,Oakbrooke and Olson/Burger. Mayor Awada noted that extended hours are being i Bred to obtain season passes to Cascade Bay. She commented on her trip to Bulgy;:: ism Councilmember Masin mentioned that Congressman j,uther's Y2k program will be aired on cable. She commented on the retirement of a music teacher fiom ISD 191. She said she-would like to establish a policy to acknowledge the deaths of elected offici;ils:bn cable and also on the City's reader board. Mayor Awada suggested City Administrator Hedges be authorized to take the appropriate action to notify the public of such deaths. Councilmember Blomquist added that family members should be contacted prior to any such notice. EAGAN CITY COUNCIL MEETING MINUTES;APRIL 6,1999 PAGE 17 Councilmember Blomquist state;a-:ihat she was contact ec'by a resident regarding the need to address the election sign policy. Mayor 4-�?ada said that this;iss,.ue could be discussed at the upcoming Council retreat. Councilmember Blomquist noted thaf eeds to be more clear and speak more slowly when making motions to ensure that everyone understands the motion. Mayor Awada said that this suggestion could also be addressed at the retreat. Councilmember Bakken thanked Eve yq le. 0i.the zttvg�and pennies that he was given at the last City Council meeting. . ADJOt�' MENil:: The meeting adjourned at 9:55 g.n :;tq; i;:*K*k4lCutive. ;$ion to discuss pending litigation. Present were Mayor Awada and CouncilmembeY� VOW;* losjticjsarfifi;:tarlson and Bakken,City Administrator Hedges,Director of Public Works Colbert,Senior Planner Ridley and City Attorney Sheldon. MLK Date c City Clerk If you need these minutes in an alternativeform;sxfi7i as: a gee-print,Braille,audio tape,etc.,please contact the Cite of Eagan,3830 Pilot Knob Road,Eagan,MN 5' ')"681 (TDD phone: (651)454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities, facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,sexual orientation,marital status or status with regard to public assistance. a� MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 16, 1999 SUBJECT: AGENDA INFORMATION FOR APRIL 20, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the April 20, 1999 City Council agenda and the minutes of the April 6, 1999 regular City Council meeting, the following items are in order for consideration. Agenda Information Memo April 20, 1999 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief A. PERSONNEL ITEMS Item 1. Assistant Facility Manager/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Renae Elert as the Assistant Facility Manager for Cascade Bay. Item 2. Lifeguard Manager/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Alison Doering as the Lifeguard Manager for Cascade Bay. Item 3. Lifeguard Shift Leader/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Amanda C. York as a Lifeguard Shift Leader for Cascade Bay. Item 4. Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Bridget Love, Maya Schwartz and Nacole VanThomme as lifeguards for Cascade Bay. Item 5. Operations/Maintenance Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Justin Johnston and Kevin Weber as operations/maintenance workers for Cascade Bay. Agenda Information Memo April 6, 1999 Eagan City Council Meeting Item 6. Guest Service Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Nicole Brady,Nicole Gundacker,Ashley Kjos, Matt Overhaus and Eve St. Peter as guest service workers for Cascade Bay. Item 7. Concession Workers/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Lacey Kotval, Jeannie Knoedler, Dale Skogstad and Mallory Wessel as concession workers for Cascade Bay. Item 8. Preschool Program Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Colleen Mathiason as a seasonal Preschool Program Instructor. Item 9. Concession Workers/Northview-- ACTION TO BE CONSIDERED: To approve the hiring of Andrew Beecher, Julie Beecher, Deborah Buntjer, Karen Butler, Marti Vuyck, Holly Confer, Meghan Doherty, Nora Flueger and Christie Mason as concession workers for Northview. Item 10. Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Shannon Haugh and Christie Mason as seasonal recreation leaders. Item 11. Seasonal Streets Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Ben Anderson as a seasonal streets maintenance worker. Item 12. Seasonal Parks Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of LeRoy Rother as a seasonal parks maintenance worker. 3 Agenda Information Memo April 6, 1999 Eagan City Council Meeting Item 13. Seasonal Park Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Gretchen Ferris as a seasonal park attendant. Item 14. Seasonal Ballfield Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Paul Whisenand as seasonal ballfield attendant. Item 15. Time Spent Profile(TSP)/Compensation Range Adjustment-- ACTION TO BE CONSIDERED: To approve the reclassification of the part-time Accounts Payable position from Clerical II to Clerical III. FACTS: • Periodically, the City receives requests to review the time spent profile for certain positions due to reorganization or significant change in the duties of a position. Sometimes the results of the review indicate an adjustment is necessary; sometimes, they do not. • The duties of the part-time Accounts Payable Clerk have changed significantly since the retirement of the full-time Accounts Payable Clerk. Therefore, the TSP was reviewed, and the results indicate a compensation range adjustment. Item 16. Resignation/Clerical Tech III-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Jacqueline Snortheim, a part-time Clerical Tech III in Community Development. Item 17. Resignation/Streets Maintenance Worker-- ACTION TO BE CONSIDERED: To accept the letter of resignation from John LeMeiux, a streets maintenance worker. Agenda Information Memo April 20, 1999 Eagan City Council Meeting B. SET SATURDAY, MAY 8 AT 10:00 A.M., EAGAN MAINTENANCE FACILITY, 3501 COACHMAN POINT AS THE DATE AND LOCATION FOR THE 1999 CITY AUCTION AND DECLARE BICYCLES UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 8, 1999, at the Eagan Maintenance Facility, 3501 Coachman Point and to declare items, including bicycles, unclaimed property and miscellaneous City property, to be surplus eligible for sale. FACTS: • Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. • Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ATTACHMENTS: • 1999 auction item list on pages ,t/7 through s City of Eagan 1999 Auction Asset # DESCRIPTION Department 1340 Table —72 x 30 Comm. Dev. 1331 Table—72 x 30 Engineering 53 Double pedestal desk Engineering 1978 Desk with left hand work station Comm. Dev. 1447 Desk with right hand work station Comm. Dev. 1100 Small desk Comm. Dev. Small desk Metal desk organizer Wood desk organizer 91 4 drawer file cabinet Comm. Dev. 86 4 drawer file cabinet Comm. Dev. Wooden divided organizer 528 IBM Selectric typewriter Finance 1353 Computer table Comm. Dev. 2 —almond desk calendars 3— plastic letter trays 81 —plastic drawers for 4"x 6" cards Cabinet with door 1086 Dictaphone Engineering 4253 IBM Selectric typewriter Police Cash drawer 1046 Olivetti typewriter Finance 959 Microfilm machine/reader Canon NP Printer 580 Engineering Microfilm table Engineering 10 ton floor jack Streets 2 —3/4" impact wrenches Streets Box of misc. obsolete parts Streets Bucket seats out of 98 Lumina Streets Bucket seat out of 97 Crown Victoria Streets Portable air compressor Streets Grease pump mounted on barrel Streets Office desks and countertops (misc. from old City Hall Plan copier— large format copier GIS 4—cell hones Police Clarion in dash CD player Police 2 —Rockford Fos ate Punch 200 amp Police CD case with 31 CD's Police CD case with 33 CD's Police Large Baston box speaker Police 3—Sony Discman with chargers and headphones Police 2 —Motorola pagers Police Sony Discman headphones Police 4—CD's Police Grundig YB400 world receiver Police 2 — Pioneer in dash CD car stereo Police CD player—Sano Discman Police 2—Jensen stereo ams Police Black fanny pack w/AM/FM stereo cassette player Police 4 - speakers Police 1 — Realistic equalizer Police AT & T cordless phone Police Magnavox camcorder Police AT & T portable phone Police Kenwood AM/FM stereo receiver Police Zoom lens Police Kenwood amp Police Cassette voice recorder Police Pioneer car stereo Police Sony car connecting pack Police Cannon Snappy LC camera Police AIWA Radio cassette player w/headset Police Emerson cassette walkman Police 2 —pair leather basketball shoes— size 9 Police 1 —pair leather basketball shoes— size 10 Police Philadelphia Flyers Jersey Police 2 — Nike Athletic Shoes Police Voit athletic shoes Police 26—screwdrivers Police 9—flashlights Police 4 prong tire iron Police 12 volt halogen sotli ht Police 4—hammers Police 2 —tool boxes w/misc. tools Police Fire extinguisher Police Wrench Police Heavy duty ice chisel Police Pry bar& duct tae Police Suitcase full of misc. tools Police Tool kit Police 3/8"drill Police 1 pulling tool Police Schwinn bike tool Police Misc. tools Police 2 —Starter jackets Police 1 pair brown leather Red Wing boots Police 1 - Winnie-the Pooh watch Police 23— shirts/t-shirts/sweatshirts Police Silk jacket Police 6—pants Police 2 —vests Police 4—shorts Police Hat/scarf Police Skirt Police 3—shoes Police Black leather motorcycle jacket Police 1 —pair men's wolverine boots Police Ski gloves Police 2—jackets Police LaCross waders w/stra s Police 1 —iron Police 10—suitcases/carry-on Police Steering wheel cover Police 4—coolers Police 2 —softball bats Police Timex"Ironman"watch Police Multi-purpose lamp Police Spanish Master handheld computer Police 4 —pair sunglasses Police 2 —paperback book covers Police Diamond tennis bracelet Police Gold ring Police Green rug Police 4 — bottles of detergent Police Luggage cart Police 2 —backpacks Police 4 —purses Police Curling iron Police 2 —hair dryers Police 6-in-1 game set Police Mall of America cup Police Books Police Computer cords Police Sun lass case Police Black pen Police 4AA batteries/41D batteries/3 bars of soap & 1 quartz Police alarm clock 2 decks of cards/1cup/1 bar of soap/1 hair dryer/1 Police air of bootlaces/5 pins 1 belt/1 bar of soap/1 pair of gloves/1 travel alarm/4 Police ins Mary Kay mirror/scissors/nylons/5 disposable razors Police Green military rucksack Police 2 —bed sheet sets Police 2 -quarts of oil and funnel Police Shampoo & conditioner Police Bag of misc. health and beauty products Police Box of cleaning products Police Package & bottles of body wash/lotion Police Liquid ink/erasers/pens, etc. Police Arts & Crafts—3 bags of sequins & beads Police Multi-colored hair scrunches and braids Police 2—pair binoculars Police Ceramic frog and elf Police Fertilizer dispenser Police Steams life vest Police Movado watch Police Television Police Baby stroller Police Black organizer Police Picture frames Police Orange ba /black bag Police Blue book bag/purple book bag Police Carrying case Police 2831 Mobile cellular telephone Police 4157 Cellular telephone handset & holder Police 4047 Sony cassette recorder model TCM-864V Police 2830 Mobile cellular telephone Police 4169 Mobile cellular telephone Police 2973 Mobile cellular telephone Police 2485 Uniden mobile cellular telephone Police 2609 Uniden mobile cellular telephone Police Uniden mobile cellular telephone Police 3700 Audiovox mobile phone Community Dev. 3488 US West cellular phone Fire Mobile cellular telephone Police Motorola Ultra Classic portable cell phone Police Motorola Dynasty Portable cell phone Police 2703 Motorola Classic portable cell phone Police 3827 Motorola Ultra Classic portable cell phone Police Mobile cellular telephone Police +120 Bicycles Police White Wall Cabinet Fire Admin Wooden Shelf Fire Admin 572 Black Chair Fire Admin 568 Black Chair Fire Admin 3458 Black Desk Fire Admin 3449 Black Desk Fire Admin Black Cabinet Fire Admin Video Tape Rack Fire Admin Foosball Table Fire Admin Drafting Table Fire Admin Misc. Shelving Fire Admin Desk Station 2 619 File cabinet Station 2 3067 File cabinet Station 2 File cabinet Station 2 Desk in upper supply room Station 2 AC Unit Station 2 VHS Video Movie Camera Parks Agenda Information Memo April 20, 1999 Eagan City Council Meeting C'. APPROVE THIRD ASSIGNMENT AND CONSENT AGREEMENT AND SUBORDINATION AGREEMENT-EAGAN BUSINESS COMMONS, LLC. ACTION TO BE CONSIDERED: To approve the Third Assignment and Consent Agreement and the Subordination Agreement related to Lot 1, Block 1, Eagan Business Commons 2nd Addition. FACTS: • Eagan Business Commons II, LLC is in the process of arranging permanent financing to replace the construction financing on the above referenced property. • Since this property is located in the Highway 149/55 Redevelopment TIF District, a number of documents were executed when the TIF District was set up. Some of the documents need to be changed as the development progresses. The City's interest remains protected and nothing changes with regard to the development. • The City Attorney's Office has reviewed the documents and they are in order for City Council approval. ATTACHMENTS: • Enclosed on pages through 16 is a copy of the Third Assignment and Consent Agreement and the Subordination Agreement. THIRD ASSIGNMENT AND CONSENT AGREEMENT THIS THIRD ASSIGNMENT AND CONSENT AGREEMENT (this "Agreement") is made as of the day of April, 1999 by and among THE CITY OF EAGAN (the "City"), DANIEL P. COUN ERS ("Commers"), RPMC DEVELOPMENT COMPANY, LLC ("RPMC") and EAGAN BUSINESS COMMONS II, LLC ("EBCII"). WITNESSETH: WHEREAS, the City and Commers did enter into a Development Agreement (the "Development Agreement") dated April 22, 1997, filed July 18, 1997, as Document No. 357521, and amended by the Supplemental Development Agreement dated December 3, 1997, filed February 25, 1998, as Document No. 368578 (the "Supplemental Development Agreement"); and WHEREAS, the City, Commers, RPMC and Terminal Eagan III, LLC ("Terminal") entered into an Assignment and Consent Assignment (the "First Assignment") dated July 2, 1997; and WHEREAS, the City, Commers, RPMC and Terminal entered into a Second Assignment and Consent Agreement (the "Second Assignment") dated March 31, 1999; and WHEREAS, Section 4.3 of the Development Agreement permits transfers by Commers of the property that is the subject of the Development Agreement (the "Property") to an entity effectively controlled by Commers so long as such transferee has assumed the obligations of Commers under the Development Agreement pursuant to a written instrument acceptable to the City; and WHEREAS, Commers owns a majority of the membership interests in EBCII and has effective control of the entity; WHEREAS, the real property described in the Supplemental Development Agreement as Lot 1, Block 2, Eagan Business Commons, has been replatted to include additional land pursuant to a recorded plat filed in the offices of the Dakota County Recorder on the 14th day of April, 1998, and is now known as Lot 1, Block 1, Eagan Business Commons 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota; and WHEREAS, the parties hereto have entered into this Agreement in order to satisfy the City's requirements for a transfer of the Property under the Development Agreement. NOW, THEREFORE, for good and valuable consideration as hereinbefore set forth, the parties hereto do hereby agree as follows: 1. Assignment and Assumption. RPMC does hereby transfer, set over, assign and convey to EBCII all of RPMC's right, title and interest in and to, and the right to receive payments under, so much of the Development Agreement as applies and relates to the real property legally described as follows: Lot 1, Block 1 Eagan Business Commons 2nd Addition, according to the recorded plat thereof and situate in Dakota County, Minnesota and EBCII does hereby assume all of Commers' obligations under the Development Agreement as applies and relates to Parcel 1. I Consent to Assignment and Assumption. The City hereby consents to the assignment of RPMC's interest in the Development Agreement and the Supplemental Development Agreement as aforesaid and to the assumption of RPMC's obligations under the Development Agreement and the Supplemental Development Agreement by EBCII. 4. Counterparts. This Agreement, and all ancillary agreements, may be executed in one or more counterparts, each separate signature page constituting a part of this Agreement. 5. No Further Modification. Except as otherwise modified herein, all terms and conditions of the Development Agreement and the Supplemental Development Agreement remain in full force and effect. IN WTINFSS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. THE CITY OF EAGAN By: Daniel P. Commers Its: RPMC DEVELOPMENT COMPANY, LLC (A Minnesota Limited Liability Company) By: Daniel P. Commers Its: Chief Manager EAGAN BUSINESS COMMONS II, LLC (A Minnesota Limited Liability Company) By: Daniel P. Commers Its: Chief Manager 50916_I.WPD -2- SUBORDINATION AGREEMENT (Development Agreement to Mortgage) THIS SUBORDINATION AGREEMENT (this "Agreement'), made and entered into as of April , 1999 by and between Richfield Bank&Trust Company, a bank chartered under the laws of the State of Minnesota ("Richfield"), and The City of Eagan, Minnesota, a municipal corporation under the laws of Minnesota (the "City"). WITNESSETH: WHEREAS, the City and Daniel P. Commers entered into a Development Agreement, relating to Tax Increment Financing District No. 3 dated April 22, 1997, filed July 18, 1997, as Document No. 357531 and supplemented by Supplemental Development Agreement dated December 3, 1997, filed February 25, 1998, as Document No. 368578 between the City and RPMC Development Company, LLC,a Minnesota limited liability company("RPMC")(collectively the"Subordinated Encumbrance"), pertaining to the premises (the "Subject Premises") situated in Dakota County, Minnesota, legally described on Exhibit A attached hereto; and WHEREAS, Eagan Business Commons II, LLC, a Minnesota limited liability company, (the "Mortgagor") intends to assume the obligations of RPMC under the Subordinated Encumbrance; and V IEREAS, Richfield has agreed to provide financing in the amount of Three Million One Hundred Thousand Dollars ($3,100,000.00) to Mortgagor pursuant to certain financing documents, including but not limited to a Mortgage and Security Agreement and Fixture Financing Statement dated March 1999, an Assignment of Rents and Leases dated April , 1999, and Uniform Commercial Code Financing Statements(collectively the"Richfield Financing Documents")pertaining to the Subject Premises; and WHEREAS, Richfield has required the execution of this Agreement in order to provide financing; and WHEREAS, it is the desire of the parties hereto that any and all interest given to the City in the Subordinated Encumbrance be subordinated to the security interests of Richfield in the Subject Premises and also in the Richfield Financing Documents. 12 NOW, THEREFORE, in consideration of the premises and of the sum of One Dollar ($1.00) each to the other in hand paid, receipt of which is hereby acknowledged, and for other good and valuable consideration, the parties hereto agree as follows: 1. Subordination. The Subordinated Encumbrance, the lien thereof, and the rights of the City thereunder, are hereby subjected and subordinated and shall remain in all respects and for all purposes, subject, subordinate and junior to the Richfield Financing Documents and the liens thereof. The subordination effected hereby shall extend to any and all advances heretofore or hereafter made pursuant to the terms of the Richfield Financing Documents. It shall also extend to any amendment, modification, extension, replacement of renewal of the Richfield Financing Documents, including those amendments, modifications, extensions or renewals which increase the principal amount secured by the Richfield Financing Documents. 2. Miscellaneous. This Agreement may be amended only by an agreement in writing signed by all of the parties hereto. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be duly executed as of the day and year first above written. Richfield Bank & Trust Company (A Minnesota Bank) By: Its: The City of Eagan, Minnesota (A Municipal Corporation) By: Its: Mayor By: Its: Clerk J -2- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of April, 1999, by T- , the of Richfield Bank&Trust, a bank chartered under the laws of the State of Minnesota, on behalf of said bank. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of April, 1999, by and the Mayor and City Clerk, respectively of The City of Eagan, Minnesota, a municipal corporation, on behalf of said municipal corporation. Notary Public This instrument was drafted by: Leonard, O'Brien, Wilford, Spencer & Gale, Ltd. 100 South Fifth Street, Suite 1200 Minneapolis, Minnesota 55402 5W14_1.WPD /-3- EXHIBIT A LEGAL DESCRIP'T'ION Lot 1, Block 1, Eagan Business Commons 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota. Abstract and Torrens Property. Torrens Certificate Number 111803 Agenda Information Memo April 20, 1999 Eagan City Council Meeting D. TREE CONTRACTOR LICENSE RENEWAL, OUTDOOR SPECIALTIES 560 LONE OAK ROAD ACTION TO BE CONSIDERED: To approve the tree contractor license renewal for Outdoor Specialties as presented. FACTS: • The City is in receipt of a license application from the above referenced company. • The application has been reviewed by staff and is in order for consideration by the Council. Agenda Information Memo April 20, 1999 Eagan City Council Meeting E. EXEMPTION FROM LAWFUL GAMBLING LICENSE, VALLEY VIEWERS 4-H CLUB TO CONDUCT BINGO AT THE FOURTH OF JULY CELEBRATION ACTION TO BE CONSIDERED: To approve a resolution providing for an exemption from the lawful gambling license requirement for the Valley Viewers 4-H Club to conduct bingo on July 2 through 4, 1999 at Sky Hill Park in conjunction with the Fourth of July celebration. FACTS: • The City is in receipt of the above referenced application. It has been reviewed by staff and is in order for consideration by the Council at this time. ATTACHMENTS: • Resolution attached on page . • Application enclosed without page number. /8 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, the Valley Viewers 4-H Club has applied for an Exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the Valley Viewers 4-H Club has operated bingo games in conjunction with the Fourth of July celebration since 1988; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for the Valley Viewers 4-H Club to conduct bingo on July 2 through 4, 1999 at Sky Hill Park in conjunction with the Fourth of July celebration. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20`h day of April, 1999. lE. J. VanOverbeke, City Clerk Agenda Information Memo April 20, 1999 F. CONTRACT 99-07, SAFARI RESERVOIR REFURBISH & REPAINT ACTION TO BE CONSIDERED: To approve the plans for Contract 99-07 (Safari Reservoir— Refurbish and Repaint) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 27, 1999. FACTS: • Contract 99-07 provides for the refurbishing and repainting of the Safari Reservoir and the addition of an altitude valve for the reservoir south of Royal Drive,west of Galaxie Avenue. • This improvement is programmed for 1999 in the City's 5-Year Capital Improvement Program (1999-2003) and will be financed through the Water Trunk Fund. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. The detail plans provide for the application of the City's logo on the tank. 0-o Agenda Information Memo April 20, 1999 Eagan City Council Meeting G. COMMERCIAL FERTILIZER APPLICATOR LICENSE RENEWAL FOR LAND CARE USA (FORMERLY SHOWCASE LANDSCAPE), 357 ULYSSES ST. NE, MINNEAPOLIS ACTION TO BE CONSIDERED: To approve a commercial fertilizer applicator license renewal for Land Care USA as presented. FACTS: • The City is in receipt of a fertilizer applicator license from Land Care USA out of Minneapolis. • The application has been reviewed by staff and is in order for consideration by the City Council. Agenda Information Memo April 20, 1999 H. PROJECT 717R, COUNTRY HOME HEIGHTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 717R (Country Home Heights — Street Improvements) and schedule a public hearing to be held on May 18, 1999. FACTS: • Project 717R provided for the upgrade of Egan Avenue, Burnside Avenue, Ranier Lane, Inland Road, Vilas Lane, Fairlawn Place, and Beam Lane, all within Country Home Heights (Northeast of Pilot Knob Rd. and Lone Oak Rd.). The project also included the installation of storm sewer facilities. • This project, constructed under Contract 98-17, has been substantially completed, except for the bituminous wear course and some non-assessable pond grading, which is scheduled for late spring. However, all assessable costs can be accurately estimated, so the final assessment roll has been prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. Agenda Information Memo April 20, 1999 Eagan City Council Meeting I. APPROVE ARBOR DAY RESOLUTION ACTION TO BE CONSIDERED: To approve the Arbor Day Resolution setting Saturday, May 1 as Arbor Day and May, 1999 as Arbor Month in the City of Eagan. BACKGROUND Eagan has received the Tree City USA community designation from the National Arbor Day Foundation. Each year the Parks and Recreation Department conducts an Arbor Day Program which includes participation in a tree planting project. This year the event will be held at Walden Heights Park. FACTS: • Eagan has been a Tree City USA community since 1988. • The resolution was recommended for adoption by the Advisory Parks Commission. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. • The City, in order to promote tree planting, is also sponsoring the Forever Green tree sale on May 6 and 8 at the Civic Arena and Trapp Farm Park with approximately 2500 trees to be sold this spring. ATTACHMENT: • Eagan Arbor Day and Eagan Arbor Month resolution enclosed on page 0� . OQ3 CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan - purifying our air and water, helping conserve our soil, serving as recreational settings, providing habitat for wildlife of all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of our City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree-planting programs; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, May 1, 1999 to be ARBOR DAY and the month of May, 1999 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 201h day of April, 1999. E. J. VanOverbeke, City Clerk Agenda Information Memo April 20, 1999 Eagan City Council VI. PUBLIC HEARINGS A. VARIANCE—ROBERT J. ROL (1639 NORWOOD DRIVE) ACTION TO BE CONSIDERED: • To approve or deny of a Variance of 3 feet to the required ten foot setback from a side lot line for 1639 Norwood Drive, legally described as Lot 7, Block 2, Brittany Addition located in the NW 1/4 of Section 32. FACTS: • The house was constructed in 1985. According to the applicant, it was orginally designed to have a three-season porch off the northwest corner which was part of the initial construction. • A building permit for a deck was issued in 1994 and the deck has been partially constructed. In 1995, the City approved a Variance to enclose the deck and finish it as a porch. According to the applicant, construction on the porch was delayed because of a knee injury and consequently, the Variance expired. The applicant is now ready to proceed with the porch construction and upon finding that the variance had expired, resubmitted his request. • The applicant's narrative is attached. In summary, the narrative states that the severe grade and neighbors' retaining walls made it necessary to shift the building five feet further west than originally planned which resulted in a smaller west side yard which constrains the buildable space on that side of the home. ATTACHMENTS: Planning Report, pages through PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 1999 CASE: 33-VA-04-03-99 APPLICANT: Robert J. Rol HEARING DATE: April 20, 1999 PROPERTY OWNER: Robert J. Rol PREPARED BY: Pamela Dudziak REQUEST: Three foot side yard setback variance LOCATION: 1639 Norwood Drive COMPREHENSIVE PLAN: D-I, Single Family ZONING: R-1, Residential Single Family SUMMARY OF REQUEST The applicant is requesting a three foot Variance to the required ten foot side yard setback for 1639 Norwood Drive, legally described as Lot 7, Block 2, Brittany I"Addition located in the SW 1/4 of Section 33. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. L� Planning Report—Robert J. Rol April 20, 1999 Page 2 CODE REQUIREMENTS City Code Section 11.20, Subdivision 6-A requires a minimum ten-foot side yard setback for a dwelling unit, and a five-foot side yard setback for any permitted accessory structure in single family residential districts. A deck is not typically considered part of the dwelling unit and may be set back less than 10 feet from the side lot line. However, an enclosed structure used as living space is considered part of the dwelling unit and therefore must satisfy the setback requirement of ten feet. BACKGROUND/HISTORY Brittany Addition was granted final plat approval on August 10, 1979. According to the applicant, the home was originally designed to have a three-season porch in an octagon shape attached to the dwelling unit (building elevations are dated 1985). The porch was not included in the initial construction, but structural accommodations were made to allow for the future addition of a porch. In 1994, a building permit was approved for a deck which has now been partially constricted. According to the staff report from 1995, the applicant was told at that time that he would need a variance to the side yard setback if the deck was to be covered/enclosed. The applicant applied for a side and setback variance to convert the deck to a porch in 1995. Y The city approved the variance. According to the applicant, constriction of the porch was delayed because of a knee injury, and consequently, the variance expired. The applicant is now ready to proceed with construction and, upon finding that the variance had expired, resubmitted his request. EXISTING CONDITIONS Several lots in Block 2 of the Brittany Addition have severe grade changes from front to back. The subject lot drops approximately forty feet from the northwest corner of the dwelling unit to the pond at the rear of the property. The 2,308 square foot dwelling unit and attached garage was built in 1985 and is located ten feet from both side lot lines. The octagon-shaped deck is located off the northwest corner of the home and extends to a point no less than seven feet from the west side lot line. The deck is only partially constricted and does not have a guardrail. A review of city records shows a footing inspection several years ago, but no final inspection. EVALUATION OF REQUEST The applicant is proposing to complete the constriction as a porch to conform to the original design of the home. The proposed porch would not extend any further than three feet into the required ten-foot setback and the intrusion into the setback area would be limited to 24 square feet. Planning Report—Robert J. Rol April 20, 1999 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative states that the severe grade and neighbors' retaining walls made it necessary to use the east side of the home for equipment access which required that the house be located five feet further west than originally planned which constrains the buildable space on that side of the home. According to the applicant, the porch roof was part of the initial building plans and footings necessary to accommodate the enclosed porch have already been installed. SUMMARY/CONCLUSION The applicant is requesting a Variance of three feet from the required ten-foot side yard setback for Lot 7, Block 2, Brittany Addition to enclose an existing deck at the northwest corner of the dwelling unit. The severe grade associated with this lot made it necessary to shift the building five feet to the west. The Variance would result in an encroachment of 24 square feet into the required setback area and according to the applicant, would allow the home to be completed according to its original plan. ACTION TO BE CONSIDERED To approve or deny a Variance of three feet from the required ten-foot side yard setback for Lot 7, Block 2, Brittany Addition to complete construction of a three-season porch. If approved, the following condition should apply. 1. The applicant shall obtain a building permit prior to beginning any construction. 2. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. U �,� �� ':s � � X11► �� iw® J Oki V rN A— BE Iwo ,qua a Nina hp � �a � �s to��E•rq ® � � ® ©� � � ®® �® ® � TDAM, PER is Jj IBM • Development/Developer. Robert J. Ro . . Case No.: 33-VA-04-03-99 by DW(cta County Laid Survey.. and isoxrem asof. . 1, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. �_ �_• 1 � � 0 J /n � 1 `1 10 ' 1 v fN p p n r - r Iw A n Q. rr-� < n A v in �t M w n • a► m � r 7 C • A • R � Z." M Iw1 1 W i 33 m M 71 .� 4 Drainage b Utility Easement I �'� i �'• o 0 o A o N -U r • N 1� 1 ` ice, o � - - N 3 r ILO ".Drainage b UtIaits► Lafiasa� \ ore 30 { viy � � JY s 1 CL rf if r, y rr r tI I AI I cri Ir; � ;�i✓ ' � i{f'rl�)I�Icii Illy FLA �� _ 1� 11�•L � � ( I a I V I I• + a`� : r!'� ` III�� I � I ,r r { ' U �� !moi r� l� _ � r j� r.'L •7I ( I I � I �I �`� 4 — _ 1 r-= R o faev�f 01 R0301 N oVwo()d to -) 1 - 6 Nl t RN _ J " C \ 01) IN —i r _— _4_— =tee— -- -- \( �qA \ ) \ 3 ;L TOPOGRAPHY 32) 1 ) F, v4riance to build a 3 season Porth on an existing , cck on rid ;. ;m at 1639 Non7ood Drive. The Y:omc.: was designed wit1r .a deck , Frith a roof on on the Northwest corner. This roof was an antrical part of the design. At the time the housec 'USS-built, it i,as necessary to locate the house so that the garage was locatca:; 10 ft. from the east property line This location was needed to provide access for buildinge tiipment, the steepness of the lot and neigh cors retaining walls on each side that infringed upon the property, madethis the only logical action. I also changed the plan to mal. e the r,,arace 2 ft. narrower to provide this access. I discuss this with the city, during the planning stage, and was told that the plan wouls probably be approved. The `wilder too): out the pez-tat and indicated that the roof was approved. He installed footings large enoughtto accomidate it. Because of various problems, I hac to delete some items from the home. This included the deck and roof, as I thought it could be added later. I 'Leal that the Need to relocate, the home, because of the terrain, infringpents, should qualify as a hardthip; In addition the house looks unfinished without the roof, that was designed for it. The existing roof over a portion of the deck is cantaleivered a considerable distance A Porch will allow a header to be installed, as shoim on the drawing. . . . for the porc,z: Only a very small portion (approx. 24 sq. ft.)) extende within 10 ft. of the lot lire and none of it extends beyond 7 ft. of the lot line The porch would not be visibly intrusive, because of the steep slope, and the fact that it is located well to the rear of the neighbors home, as shoi-m on the survey. It would not extend into any easements, nor would it inpede access to the rear of the lot as a deck already exi-ts, and the steer slope does not allow access, except by foot. A Variance mould allow me to completerthe home as it was originally planned. Robert J. Rol Agenda Information Memo April 20, 1999 B. PROJECT 734,TOWN CENTRE 100 ADDITIONS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 734 (Town Centre 100 Additions — Sidewalk Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 734 provided for the sidewalk construction along Town Centre Drive, Yankee Place, and O'Leary Lane, all within the Town Centre 100 Additions. • The final assessment roll was presented to the City Council on March 16, 1999, with a public hearing being scheduled for April 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have been published in the legal newspaper and sent to the 2 affected property owners informing them of this public hearing. Of the 2 parcels being assessed, neither property owner has contacted City staff with concerns or questions. ATTACHMENTS: • Final Assessment Summary,page 3. FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 734 ASSESSMENT- April 20. 1999 NAME- Town Centre 100 IMPROVEMENT- July 7. 1998 Sidewalk IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral ❑ Surfacing ❑ Service ❑ Res. Equiv. ❑ Lat. Benefit/trunk ❑ Multi. Equiv. ❑ WAC ❑ C/I Equiv. H Trail/Sidewalk $17.20 $17.20 /LF SERVICES STREET LIGHTS ❑ Water& San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO. OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $25,597 F.R. $66.663F.R. 98-06 2 5 Year 6.5% $8,055.10 $88,262.71 COMMENTS: Agenda Information Memo April 20, 1999 Eagan City Council Meeting OLD BUSINESS A. PROJECT 709R. STATE HIGHWAY 13 UPGRADE ACTION TO BE CONSIDERED: Adopt a Resolution of a Negative Declaration for the need to prepare an Environmental Impact Statement for Project 709R (State Trunk Highway 13 — Upgrade) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • An Environmental Assessment (EA) document was prepared for the proposed reconstruction of Trunk Highway (TH) 13 within the City of Eagan, to comply with state and federal environmental review requirements. This document was released for a 30-day public comment period from January 11 to February 10, 1999 and it summarized the purpose of the project, the proposed roadway improvements, and the anticipated environmental impacts associated with the project. A public hearing on the project was held as part of the January 19,1999 Eagan City Council meeting. • A "Findings of Fact/Conclusions" document has been prepared for consideration of adoption by the Council representing their determination that there is no need to prepare an Environmental Impact Statement (EIS) for the TH 13 project. The Findings document summarizes the major environmental impacts identified by the EA, the written and public hearing comments received during the public comment period and responses to those comments, and the overall findings of the environmental review process. No potentially significant impacts associated with the project were identified during the EA analysis or public comment process. The document subsequently concludes that there is no need for an EIS. Based on these findings, it would be appropriate for the Council to adopt the enclosed resolution stating a"Negative Declaration" on the need for an EIS. ATTACHMENTS: • Resolution, page . • Findings of Fact/Conclusions, enclosed without page numbers. J CITY OF EAGAN RESOLUTION 99- DECLARING FINDING OF"NO NEED"FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT (EA.) DATED JANUARY 11, 1999 FOR THE PROPOSED RECONSTRUCTION OF TRUNK HIGHWAY (TH) 13 UNDER CITY PROJECT 7098, WHEREAS, the City Council has reviewed an Environmental Assessment (EA) for the reconstruction of Minnesota State Trunk Highway(TH) 13 and related improvements to Silver Bell Road and Yankee Doodle Road(County Road 28) on January 19, 1999; and, WHEREAS,pursuant to the Minnesota Environmental Review Program rule 4410.1000, Subpart 3, the City of Eagan, as a responsible government unit (RGU) in conjunction with the Minnesota Department of Transportation (Mn/DOT), the RGU for TH 13, submitted an Environmental Assessment as a substitute for an Environmental Assessment Worksheet (EAW) for the proposed project on January 11, 1999; and, WHEREAS, the 30-day review period expired on February 10, 1999, and all comments and recommendations received from reviewing agencies and other interested parties have been considered; and, WHEREAS, it has been determined that the proposed project does not present a potential for environmental impacts of such significance that an Environmental Impact Statement (EIS) would be required; NOW, THERFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA, that it should and hereby does make a Negative Declaration on the need for an Environmental Impact Statement (EIS) for proposed City Project 709R know as "Trunk Highway 13 — Reconstruction/Upgrade", based on the EA and Findings of Fact/Conclusions documents for the project. ADOPTED by the City Council on this 20"'day of April, 1999. Patricia E. Awada, Mayor ATTEST: E.J. VanOverbeke, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 20`x' day of April, 1999, as disclosed by the records of said City in my possession. 39 E.J. VanOverbeke, City Clerk Agenda Information Memo April 20, 1999 B. CONTRACT 99-05,JOHNNY CAKE RIDGE ROADEXTENSION STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 99-05 (Johnny Cake Ridge Road Extension — Street and Utility Improvements), award the contract to Ryan Contracting, Inc., for the Base Bid in the amount of$1,066,695.39, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 15, 1998, the City Council authorized the extension of new street and utility improvements for Johnny Cake Ridge Road (Project 748) from Diffley Road (County Road 30) to Deerwood Drive to serve the proposed 117 acre Oakbrooke Development by Pulte Homes of Minnesota Corporation and directed the preparation of detailed plans and specs. • On March 2, the Council approved these plans for Contract 99-05 and authorized the advertisement for solicitation of competitive bids. At 11:00 a.m. on April 1, formal bids were received for this project. A copy of the bid tabulation is enclosed. • This item was presented to the City Council at the April 6, 1999, council meeting but, due to the developer not obtaining ownership of the property prior to the council meeting, action was continued. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from Ryan Contracting, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUE: • The developer, Pulte Homes of Minnesota Corporation, intends to acquire the property on April 16, 1999, and then promptly record the plat conveying all necessary rights of way and easements. Staff will inform the City Council at the April 20 meeting if any issues affect the ability to award said contract. ATTACHMENTS: • Bid Recommendation, pages 7V � 9 arm , city of aagan JOHNNY CAKE RIDGE ROAD DIFFLEY ROAD TO DEERWOOD DRIVE EAGAN, MINNESOTA City Project No. 748 City Contract No. 99-05 File No. 49-98-805 Bid Date: Thursday, April 1, 1999 Bid Time: 11:00 a.m. Contractor Base Bid 1.) Ryan Contracting, Inc. $ 1,066,695.39 2.) Erickson Construction, Inc. 1,098,574.30 3.) S M Hentges & Sons, Inc. 1,130.373.93 4.) Burschville Construction, Inc. 1,147,073.00 5.) Brown& Cris, Inc. 1,186,678.20 6.) Arcon Construction, Inc. 1,204,612.46 7.) Northdale Construction Co., Inc. 1,205,608.72 8.) Widmer, Inc. 1,213,224.50 9.) Richard Knutson, Inc. 1,228,679.74 10.) S J Louis Construction 1,278,533.30 11.) Barbarossa& Sons, Inc. 1,296,942.65 12.) Nodland Construction Co., Inc. 1,307,581.60 13.) G-L Contracting, Inc. 1,337,557.43 14.) S R Weidema, Inc. 1,355,146.75 Base Bid Preliminary Report Estimate (Base Bid): $ 1,197,005 % Under (-) Preliminary Report: - 10.9% Engineer's Estimate (Base Bid): 1,200,000 % Under (-) Engineer's Estimate - 11.1% Agenda Information Memo April 20, 1999 Eagan City Council Meeting C. CONSIDER INTERIM USE ORDINANCE (MORATORIUM) FOR CEDARAVENUE AND HIGHWAY 13 STUDY AREA ACTION TO BE CONSIDERED: To consider for approval or denial the recommendation of the Cedar Avenue and Highway 13 Task Force to adopt an interim use ordinance (moratorium) for the Cedar Avenue and Highway 13 Redevelopment Study Area. FACTS: • At its March 16, 1999 meeting, the City Council directed the City Attorney to prepare language and options for a moratorium for the Cedar Avenue and Highway 13 Study Area. At the same meeting, the City Council directed the Cedar Avenue and Highway 13 Area Task Force to define parameters regarding a proposed moratorium in the study area. • The City Attorney prepared draft language for consideration of a moratorium. That draft is attached for your review. The draft was included in the meeting materials for review and discussion by the Task Force. • The Cedar Avenue and Highway 13 Area Task Force met on April 13, 1999. There was extensive discussion regarding the need and effect of a possible moratorium. By majority vote (8-6), the Task Force rejected a motion that the City Council not adopt an interim use ordinance in the redevelopment study area. The Task Force then discussed a recommendation regarding boundaries of, and language to be included in the moratorium. The Task Force voted unanimously to recommend the following boundaries and language to the City Council for inclusion in an interim use ordinance for the Cedar Avenue and Highway 13 Study Area: ■ The moratorium should include the originally defined Study Area plus the areas generally defined as the northwest and southwest quadrants of the 77/13 interchange. (The Task Force voted to expand the Study Area to include the recently developed Duke property in the northeast quadrant of the Highway 13/Silver Bell Road intersection and the vacant property immediately to the north across Kennebec Drive. These properties, however, were not included in the proposed moratorium area.) ■ The interim use ordinance should: ➢ Be limited to a time period of six (6) months; ➢ Apply to vacant land only, except when to ➢ Prohibit total demolition and reconstruction on the same property; ➢ Prohibit consideration or approval of any request for rezoning or Comprehensive Guide Plan amendments by the Advisory Planning Commission or City Council. ATTACHMENTS: • The draft ordinance prepared for consideration by the Task Force is enclosed on pages through�4LV . • A map of the original study area is enclosed on page �.� 612 432 3760 SENT BY: 3-31-99 : 14:40 : SEVERSON SHELDON- 651 681 4694:-, 2/ 3 ORDINANCE NO. 2ND SERIES AN ORDiNANCE OF THE CITY OF EAGAN, MINNESOTA, ADDING EAGAN CITY (:ODE CHAPTER TWELVE. ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS- INTERIM USE STUDY"; AND BY ADOPTING BY REFERENCE EAGAN CTI'Y CODE CHAPTER 1 &ND SECTION 12.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Twelve. is hereby added to read ac follows: lntejim Use Study. A. hi May of 1998,the City Council field a workshop concerning lauds designated as the greater Cedwvale area to consider redevelopmcut of the area. At the City Council's direction, a comprehensive review of issues regarding the greater Ccdarvale area (now known as the Cedar Avenue &Highway 13 study area-as shown on Exhibit "A" attached and incorporated herein) has been under research by City staff. The City has hired a planning consultant with respect to the area. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the Eagan City Council directed a study be conducted for the purposes of considering: i. Amendment to the Eagan Comprehensive Guide Laud Use Plan for the Cedar Avenue &Highway 13 study area and/or ii. The possible rezoning of'lwds in the Cedar Avenue &.Highway 13 study area. B. This interim use ordinance is adopted for the purpose of protecting the planning process above described and the health, safety, and welfare of the citizens. C. With respect to property described Ur this Ordinance as the Cedar Avenue & Highway 13 study area, corurnencing on the effective date of this ordinance and ending on October 20, 1999, or at such other time as the City Council may determine: i. No building permit for the construction of any structure on undeveloped property shall be issued. ii. No building permit for construction, reconstruction, or alteration of any existing structure shall be issued except for building permits which do not exceed $ in value. iii. Notwithstanding items Ci and Cii above, no building permit shall be issued (except for necessary repairs to protect health and safety)for any property east of Cedar Avenue and south of Highway 13. iv. No requests for rezoning or Comprehensive Guide Plan atueudwents shall be considered or approved by the Advisory [Tanning Commission or the City Council. J 612 432 3780 SENT BY: 3-31-99 : 14:40 SEVERSON SHELDON-• 651 681 46944 3/ 3 V. No interim use permit, couditioual use permit or variance shall be approved by the Advisory Planning Commission or the City Council. vi. No portion of the property shall be subdivided or replatted except for the purpose of consolidation of two or more parcels of land into one parccl. Section 2. Eagan City Code Chapter 1 entitles "General Provisions and DcSuitions Applicable to the Fntire City Code Including `Penalty for Violation"' and Section 12.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E.J. Van Overbeke By: Patricia A. Awada w Its: Clerk Its: Mayor Date Ordinance Adopted:_ Date Ordinance T'ublishcd in the Legal Newspaper: ....._. Ll Ll • I � I • O Vii• � . Ianoil (� ■■■ =-� WRAIR ■ ■t11111■ �, ��/SII/Iltltt �� ♦� � ,�� , �� fir■■■► ♦-•� - ► �- I I■■■■111► �� i1 ��♦� ♦♦' ,.',.,.■■■��L■momZ ■■ ■1�/I� Amason W IRS .. .. .. ■��m I ■■■■■■ ■i :: ��I ��i��i��Ii�t ■■it■■■■■� �1��.r:.R0.21�� ■■■ IIS a� ■■■■■■■■■■■t1. .■■■. �• . NMI --111.�� i �i�� I � =.• - �■■■■�► Cedarvale Redeve • • ent Study COLZLand*City of Eagan THIS MAP 13 INTENDED FOR REFERENCE USE ONLY •.. ._ •:. Agenda Information Memo April 20, 1999 Eagan City Council Meeting VIII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING - CITY OF EAGAN ACTION TO BE CONSIDERED: ➢ To approve or deny of a Comprehensive Guide Plan Amendment that would establish a D-I, Single Family Land Use Guide Plan designation upon 4.0 acres of excess T.H 77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31. ➢ To approve or deny of a Rezoning of 4.0 acres of excess T.H 77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31 to an R-1, Single Family designation. FACTS: ➢ As highway right-of-way, no specific land use guide designation has been established for the property. The requested guide plan amendment is necessary to establish a basis to rezone the property and ultimately allow development. ➢ While a formal development proposal for the property has yet to be formally submitted, developer interest has been expressed in establishing single family residences upon the site. ➢ The subject property is unplatted. Subdivision or platting of the property will be required as part of future development. The site contains significant topography and mature vegetation that will influence the ultimate development of the property. As part of future development, the property will be accessed from the east via Nicols Road, a designated "community collector" street. ➢ At their regular meeting on March 23, 1999, the Advisory Planning Commission recommended denial of the Comprehensive Guide Plan Amendment and rezoning. ISSUES: ➢ The opportunity to convert such tax-exempt land to "taxable" City property is considered positive. �6 ➢ Although the D-1, Single Family land use category (0-3 units/acre) is consistent with developer interest, it was the consensus of the APC that the subject site is better suited for medium density residential development (D-II Guide Plan designation) rather than single family residential use and that such use type could be more responsive to existing tree massings and topography upon the site. ➢ Since the March 23rd APC meeting, the perspective developer has submitted a conceptual site plan depicting medium density residential development upon the site. ATTACHMENTS (3) Minutes of the March 23, 1999 APC meeting, pages .te�rgh-_ Staff report, pages l4 through . Medium density development concept, page Page 2 March 23, 1999 ` ADVISORY PLANNING COMMISSION 1 k", PUBLIC HEARINGS COMPREHENSIVE GUIDE PLAN AMENDMENT & REZONING - CITY OF EAGAN Chair Hey] opened the first public hearing of the evening regarding a Comprehensive Guide Plan Amendment amending the land use of approximately four acres of existing right-of- way, T.H. 77 (Cedar Avenue), to D-1, Single Family and a Rezoning to R-1 (Single Family), located south of Cliff Road between Cedar Avenue and Nicols Road in the NW'/4 of Section 31. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated March 8, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Planner Kirmis identified the parcel as being excess right-of-way acquired by MnDOT in connection with the construction of Cedar Avenue. No members of the public addressed the Commission. Chair Hey] closed the public hearing. In response to an inquiry Mr. Ridley stated that the proposal for single-family land use was in response to a request by a potential buyer of the property. Member Frank expressed his concern over the possibility of single-family homes and stated that townhouses may be more compatible to the area and may result in the saving of more trees. Chair Reyl echoed Member Frank's position and further stated that the topography of the site may be better suited for townhome development than single-family. Member Frank moved, Member Tilley seconded, a motion to recommend denial of the Comprehensive Guide Plan Amendment amending the land use of approximately four acres of existing right-of-way, T.H. 77 (Cedar Avenue), to D-1, Single Family. All voted in favor except Member Anderson opposed. Member Frank moved, Member Steininger seconded, a motion to recommend denial of the Rezoning to R-1 (Single Family), located south of Cliff Road between Cedar Avenue and Nicols Road in the NW'/4 of Section 31. All voted in favor, except Member Anderson opposed. Member Frank moved, Member Tilley seconded, to recommend to the City Council that it pursue a low-density townhome development for the property. All voted in favor, except Member Anderson opposed. U PLANNING REPORT CITY OF EAGAN REPORT DATE: March 8, 1999 CASE: 31-CG-02-03-99 �1-RZ-04-03-99 APPLICANT: City of Eagan HEARING DATE: March 23, 1999 PROPERTY OWNER: State of Minnesota PREPARED BY: Bob Kirmis REQUEST: Comprehensive Guide Plan Amendment and Rezoning LOCATION: T.H. 77 right-of-way south of Cliff Road and west of Nicols Road (NW 1/4 Section 31) COMPREHENSIVE PLAN: No designation (T.H. 77 right-of-way) ZONING: No designation (T.H. 77 right-of-way) SUMMARY OF REQUEST The City of Eagan is requesting approval of a Comprehensive Guide Plan Amendment that would establish a D-I, Single Family Land Use Guide Plan designation upon 4.0 acres of excess T.H 77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31. In conjunction with the Guide Plan Amendment, a Rezoning of the property to an R-1, Single Family designation has also been requested. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment The City's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational Planning Report—T.H 77 R.O.W -Guide Plan Amendment March 23, 1999 Page 2 basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Rezoning: City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. BACKGROUND/HISTORY The subject 4.0 acre property currently exists as excess T.H. 77 (Cedar Avenue) right-of-way. The opportunity to convert such tax-exempt land to "taxable" City property is considered positive. As highway right-of-way, no specific land use guide designation has been established for the property. The requested guide plan amendment is necessary to establish a basis to rezone the property and ultimately allow development. While a formal development proposal for the property has yet to be formally submitted, developer interest has been expressed in establishing single family residences upon the site (see attached concept plan). Although the D-1, Single Family land use category (0-3 units/acre) is consistent with such developer interest, alternative land use designations may wish to be considered by City Officials. EXISTING CONDITIONS The subject property is unplatted. Subdivision or platting of the property will be required as part of future development of the property. The site contains significant topography and mature vegetation that will influence the ultimate development of the property. As part of future development, the property will be accessed from the east via Nicols Road, a designated "community collector" street. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Office Building; zoned LB, guided LB South - Trunk Highway 77 East - Single Family Residential; zoned R-1, guided R-1 West - Trunk Highway 77 S� Planning Report—T.H 77 R.O.W - Guide Plan Amendment March 23, 1999 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area - While the requested R-1 guide plan designation is consistent with the referenced, informal development proposal and may be compatible with surrounding uses in the general vicinity, it is considered responsible planning to consider a number of land use alternatives. As previously mentioned, the subject site is bounded on the north by a commercial use (office building), on the south and west by T.H. 77, and on the east by single family residential dwellings. As a result, three land use alternatives appear worthy of consideration. A single family residential use alternative would mimic land uses directly east of the subject site, would be generally compatible with surrounding uses. The drawbacks of such use include abutting commercial uses, significant topographical and vegetative restraints and the potential for additional direct driveway access points to a community collector street. A medium density land use alternative likely would provide greater flexibility in responding to site topography/tree massings and may minimize the number of curb cuts. A disadvantage to such alternative however, would introduce a new land use in the immediate area. With an office use abutting the subject property to the north, a southerly extension of the Limited Business use designation (and office use) may also worthy of some consideration. Limited Business uses are considered compatible in residential areas and would establish a contiguous land use type west of Nicols Road. In addition, such use likely would minimize the number of curb cuts on Nicols Road . Drawbacks to this use alternative include topographical/tree massing constraints (related to the creation of off-street parking areas etc.) and compatibility concerns with single family residential uses to the east. Also to be noted is that the pending Comprehensive Guide Plan Update has not included any discussion or recommendations regarding the desired use of this particular property. While the request before City Officials is to designate the property in question for single family residential use, it is certainly the City's prerogative to establish an alternative land use. Development Plans - A specific development for the property in question has yet to be brought forward. While detailed development plans are not available for review, a prospective developer of the property has submitted a conceptual development plan for the site which calls for the creation of eight single family lots upon the site (at a density of 2.0 units per acre). In previous discussions, the prospective developer has indicated that development of the site is anticipated yet this year. Any development will proceed through the subdivision process and must comply with the applicable zoning district requirements. Airport Noise Considerations - The subject property lies just outside the established noise exposure zones. v Planning Report—T.H 77 R.O.W - Guide Plan Amendment March 23, 1999 Page 4 SUMMARY/CONCLUSION The conversion of what is currently tax-exempt property to taxable land is considered positive. While the request before City Officials calls for the establishment of a D-1, Single Family Guide Plan designation (and corresponding R-1, zoning) upon the subject property, a determination of most desirable land use is considered a policy matter. Regardless of the type of land use, future development will proceed through the building permit process and must comply with the performance standards of the applicable zoning district. ACTION TO BE CONSIDERED 1. To recommend approval or denial of a Comprehensive Guide Plan Amendment that would establish a D-I, Single Family Land Use Guide Plan designation upon 4.0 acres of excess T.H 77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31. 2. To recommend approval or denial of a Rezoning of 4.0 acres of excess T.H 77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest 1/4 of Section 31 to an R-1, Single Family designation. 0 o �jt`t VSO - Ki erg", was in ION in MA arm we v � o �, v csD 4 �� `'fir �• ��.� �— r. IL 119 �, ' �'r'lcSa1/Ir►G uwas Lam F1 .'ion , —i►� � � Development/Developer. Application: +City of Eagan THIS M"13 INTENDED FOR REFERENCE USE ONLY ._ C—Mrft ._ ._. Zoning and Comprehensive Guide Plan City of Eagan ', Land Use Map Case No. 0• MRS oil all on No soI OF —00 — — ■■.��i ■■■R�� ■1■111 ■:�� Ell IN m ice•�,�� j��+ ■ I��f�M� WEE ..Oi ■■■■■� �■It 111�■: �� Eaganzboso map int—nation p""ded by Dk.ta County Land&-ay Dep.,"*,"12/1"S. 410�city of THIS MAP 13 INTENDED FOR REFERENCE USE ONLY Dq"tnent The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S _ 6124056606 Tf�„ -- 11 -142.10 1 � r:ti�'• .� i � 1F . '• ��, 012-03 �. 2 teocs� y �...�... 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CITY CODE AMENDMENT- CITY OF EAGAN ACTION TO BE CONSIDERED: ➢ To approve or deny an Amendment to Chapter 11 (Land Use Regulations) of the City Code that would establish "coffee kiosks" as conditional uses within the City's commercial and industrial zoning districts. FACTS: ➢ This effort was initiated by the City Council following staff questioning as to the handling of a recent development inquiry involving drive-through coffee shops (or coffee kiosks). ➢ At their regular meeting on March 23, 1999, the Advisory Planning Commission held a public hearing to consider the Amendment and recommended approval to provide for coffee kiosks as conditional uses within the City's commercial and industrial zoning districts. ATTACHMENTS (3) Minutes of the March 23, 1999 APC meeting, pagek5 g- 44 —. Staff memorandum, page IOL _- / City Code Amendment, pages through . Page 13 March 23, 1999 ADVISORY PLANNING COMMISSION ORDINANCE AMENDMENT CITY OF EAGAN Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment amending Chapter l l entitled "Land Use Regulations (Zoning)" to establish "Coffee Kiosks" as conditional uses within the City's commercial and industrial zoning districts. Planner Kirmis introduced this item. Mr. Kirmis noted that the proposed ordinance was in response to recent inquiries made to the City and discussions by the City Council and the Commission. No one from the public addressed the Commission and Chair Heyl closed the public hearing. Member questioned whether on-site preparation of food included beverages. Additional discussion took place with respect to the ability of the City to require the posting of security to ensure restoration once the use terminated. Member Anderson moved, Member Frank seconded, a motion to recommend approval of an Ordinance Amendment amending Chapter 11 entitled "Land Use Regulations (Zoning)" to establish "Coffee Kiosks" as conditional uses within the City's commercial and industrial zoning districts, with the modification to the restriction of on-site preparation of food to reference other than beverages. All voted in favor. MEMO .— city of eagan TO: CHAIRPERSON HEYL AND ADVISORY PLANNING COMMISSION MEMBERS FROM: SENIOR PLANNER RIDLEY/PLANNER KIRMIS DATE: MARCH 2, 1999 SUBJECT: DRIVE-THROUGH COFFEE SHOPS Attached as Exhibit A is a draft amendment to the City Code which adds drive-through coffee shops (or coffee kiosks) as conditional uses within the City's commercial and industrial zoning districts. As you will recall, this effort was initiated by the City Council following staff questioning as to the handling of a recent development inquiry involving such use and was discussed at the 11 February APC Workshop Meeting. The draft amendment specifically defines a "coffee kiosk" as: A retail food business in a freestanding building that sells primarily coffee or other beverages from a drive-through window to customers for consumption off of the premises and that provides no indoor or outdoor seating The draft amendment further establishes the following specific performance standards for"coffee kiosks": 1. The activity shall be conducted within a free-standing building, no larger than one hundred (100) square feet in size. 2. The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on the parcel. 3. Vehicular stacking lanes shall comply with the following: (a) A minimum length of one hundred fifty (150) feet shall be provided for a single stacking lane or eighty (80) feet per lane when multiple lanes are provided. (b) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation. (c) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. 4. No alcoholic beverages shall be sold. 6� 1 5. Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City. 6. If the use of the building ceases for a period of six (6) months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site. 7. No on-site preparation of food shall be allowed. This material is scheduled for public hearing at the forthcoming 23 March APC Meeting 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE EAGAN CITY CODE (LAND USE REGULATIONS) TO ESTABLISH "COFFEE KIOSKS" AS CONDITIONAL USES `VITHIN THE CITY'S COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS. The City Council of the City of Eagan does hereby ordain: Section Section 11.03 of the Eagan City Code (Definitions) is hereby amended to add the following definition: Coffee kiosk means a retail food business in a freestanding building that sells primarily coffee or other beverages from a drive-through window to customers for consumption off of the premises and that provides no indoor or outdoor seating Section 2. Section 11.20 Subd. 9.0 of the Eagan City Code (LB, Limited Business District Conditional Uses) is hereby amended to add the following: 12. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building, no larger than one hundred (100) square feet in size. (b) The use shall not result in the elimination of the minimum number of off-streetap rking spaces required for all uses on theaQ rcel. (c) Vehicular stacking lanes shall comply with the following: (1) A minimum length of one hundred fifty (150) feet shall be provided for a single stacking lane or eighty (80) feet per lane when multiple lanes are provided. (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation. (3) Stacking lanes shall be clearly identified through stripe, landscaping. and/or signage. (d) No alcoholic beverages shall be sold. (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City. (f� If the use of the building ceases for a period of six (6) months. the conditional use permit shall lapse and the property owner shall remove the building and clean up the site. (g) No on-site reparation of food shall be allowed Section 3. Section 11.20 Subd. 10.0 of the Eagan City Code (NB, Neighborhood Business District Conditional Uses) is hereby amended to add the following: 6� 1 EXHIBIT A 2. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building no larger than one hundred (100) square feet in size (b) The use shall not result in the elimination of the minimum number of off-streetan rking spaces required for all uses on theate rcel (c) Vehicular stacking lanes shall comply with the following• (1) A minimum length of one hundred fifty (150) feet shall be provided for a single stacking lane or eighty(80) feet per lane when multiple lanes are provided (2) Stacking lanes shall be designed such that they do not interfere with existing_parking and vehicular circulation (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. (d) No alcoholic beverages shall be sold (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City- (fl If the use of the building ceases for a,period of six (6) months the conditional use permit shall lapse and the property owner shall remove the building and cleanup the site. (g) No on-site preparation of food shall be allowed Section 4. Section 11.20 Subd. 1 LC of the Eagan City Code (GB, General Business District Conditional Uses) is hereby amended to add the following: 13. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building no larger than one hundred (100) square feet in size (b) The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on theap rcel (c) Vehicular stacking lanes shall comply with the following_ (1) A minimum length of one hundred fifty (150) feet shall be provided for a single stacking lane or eighty (80) feet per lane when multiple lanes are provided (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. (d) No alcoholic beverages shall be sold (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City. (fl If the use of the building ceases for a period of six (6) months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site (g) No on-site preparation of food shall be allowed 2 o13 Section 5. Section 11.20 Subd. 12.0 of the Eagan City Code (CSC, Community Shopping Center District Conditional Uses) is hereby amended to add the following: 14. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building no larger than one hundred (100) square feet in size. (b) The use shall not result in the elimination of the minimum number of off-streetap rking spaces required for all uses on the parcel. (c) Vehicular stacking lanes shall comply with the following: (1) A minimum length of one hundred fifty (150) feet shall be provided for a single stacking lane or eighty (80) feet per lane when multiple lanes are provided. (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation. (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. (d) No alcoholic beverages shall be sold. (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City. (fl If the use of the building ceases for a period of six (6) months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site. (g) No on-site preparation of food shall be allowed. Section 6. Section 11.20 Subd. 13.0 of the Eagan City Code (RSC, Regional Shopping Center District Conditional Uses) is hereby amended to add the following: 12. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building, no larger than one hundred (100) square feet in size. (b) The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on theap rcel. (c) Vehicular stacking lanes shall comply with the following: (1) A minimum length of one hundred fifty (150) feet shall be provided for a single stacking lane or eighty (80) feetep r lane when multiple lanes are provided. (2) Stacking lanes shall be designed such that they do not interfere with existingap rking and vehicular circulation. (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. (d) No alcoholic beverages shall be sold. (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City. 3 6 ,� (f) If the use of the building ceases for a period of six (6) months,the conditional use permit shall lapse and the property owner shall remove the building and clean up the site (g) No on-site preparation of food shall be allowed Section 7. Section 11.20 Subd. 14.0 of the Eagan City Code (RB, Roadside Business District Conditional Uses) is hereby amended to add the following: 6. .Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building no larger than one hundred (100) square feet in size (b) The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on the parcel (c) Vehicular stacking lanes shall comply with the following: (1) A minimum length of one hundred fifty (150) feet shall be provided for a single stacking lane or eighty_(80) feet per lane when multiple lanes are provided (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation (3) Stacking lanes shall be clearly identified through striping landscaping, and/or signage (d) No alcoholic beverages shall be sold (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City. (fl If the use of the building ceases for a period of six (6) monthsthe conditional use permit shall lapse and the property owner shall remove the building and clean up the site (g) No on-site preparation of food shall be allowed Section 8. Section 11.20 Subd. 16.0 of the Eagan City Code (I-1, Limited Industrial District Conditional Uses) is hereby amended to add the following: 16. Coffee kiosks subject to the following conditions• (al The activity shall be conducted within a free-standing,building, no larger than one hundred (100) square feet in size (b) The use shall not result in the elimination of the minimum number of off-street narking spaces required for all uses on the parcel pl (cl Vehicular stacking lanes shall comply—with the following (1) A minimum length of one hundred fift (150) feet shall be provided for a single stacking lane or eighty (80) feet per lane when multiple lanes are provided (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. (d) No alcoholic beverages shall be sold. () Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City. (#1 If the use of the building ceases for a period of six (6) months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site. (g) No on-site preparation of food shall be allowed. Section 9. Section 11.20 Subd. 17.0 of the Eagan City Code (1-1, General Industrial District Conditional Uses) is hereby amended to add the following: 12. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building, no larger than one hundred (100) square feet in size. (b) The use shall not result in the elimination of the minimum number of off-street parkingspaces required for all uses on the parcel. (c) Vehicular stacking lanes shall comply with the following: (1) A minimum length of one hundred fifty(150) feet shall be provided for a single stacking lane or eighty (80) feet per lane when multiple lanes are provided. (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation. (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. (d) No alcoholic beverages shall be sold. (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the City. �fl If the use of the building ceases for a period of six (6) months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site. (g) No on-site preparation of-food shall be allowed. Section 10. Section 11.20 Subd. 18.0 of the Eagan City Code (RD, Research and Development District Conditional Uses) is hereby amended to read as follows: 1. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building, no larger than one hundred (100) square feet in size. (b) The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on the parcel (c) Vehicular stacking lanes shall comply with the following; (1) A minimum length of one hundred fifty (150) feet shall be provided for a single stacking lane or eighty (80 feet per lane when multiple lanes are provided (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage (d) No alcoholic beverages shall be sold (e)_ Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the Cit L (fl If the use of the building ceases for a period of six (6) months the conditional use permit shall lapse and the property owner shall remove the building and clean-up the site (g) No on-site,preparation of food shall be allowed Section 11. Section 11.20 Subd. 19.0 of the Eagan City Code (BP, Business Park District Conditional Uses) is hereby amended to add the following: 2. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free-standing building, no larger than one hundred (100) square feet in size (b) The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on the parcel (c) Vehicular stacking lanes shall comply with the following: (1) A minimum length of one hundred fifty (1 feet shall be provided for a single stacking lane or eighty (80) feet per lane when multiple lanes are provided (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation (3) Stacking lanes shall be clearly identified through striping, landscaping. and/or signage (d) No alcoholic beverages shall be sold (e) Evidence of issuance of a permit from the Minne ota Department of Health shall be provided to the City. (fl If the use of the building ceases for a period of six (6) months, the conditional use permit shall lapse and the propertv owner shall remove the building and clean up the site (g) No on-site preparation of food shall be allowed 6 1� Section 12. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E.J. Van Overbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Agenda Information Memo April 20, 1999 Eagan City Council Meeting C. ORDINANCE AMENDMENT-CHAPTER SIX, DECREASING THE NUMBER OF HAULER LICENSES ACTION TO BE CONSIDERED: To approve or deny the ordinance amendment regarding the number of licensed haulers. FACTS: • In 1993, the City Council adopted a recommendation by the Solid Waste Abatement Commission to cap and reduce the number of residential hauling licenses as a means of reducing the duplication of truck trips in residential neighborhoods. The Council expected a reduction to occur through attrition and through consolidation within the industry. It was the Council's intention to amend the ordinance each time consolidation occurred with an ultimate goal of having approximately five residential haulers serving the City. • It was also the Council's intention to encourage continued reduction by setting the maximum level of residential haulers in the City Code at the actual licensed number minus one. With seven haulers currently licensed, the cap becomes six. That number is reflected in the proposed ordinance amendment. ATTACHMENTS: • Ordinance amendment on page ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.37, SUBD. 4(C) REGARDING DECREASING THE NUMBER OF HAULER LICENSES;AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing Section 6.37, Subd. 4(C), to read as follows: C. The council, in the interest in maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The council shall issue no more than et six residential dwelling hauling licenses. No license shall be transferable between persons or entities. Any change in individual or corporate ownership or substitution in partners shall constitute a transfer and shall automatically terminate the license. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Defmitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Patricia E. Awada Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: