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10/05/1999 - City Council Regular AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING OCTOBER 5,1999 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) a— A. CONVENTION&VISITORS BUREAU 1999-2000 Marketing Plan and Budget 3 B. PROJECT 785,receive petition/authorize feasibility report(Sidewalk&Trail Improvements- Citywide) V. CONSENT AGENDA(PINK) 1p� A. PERSONNEL ITEMS1.2� B. REQUEST FOR PUBLIC HEARING,certification of delinquent utilities-November 1,1999 �f P l S C. PROCLAMATION,proclaiming October 17-23,1999 as The Great City Hall Tune-In el 9 D. PRELIMINARY PLAT EXTENSION,Parkbrook Properties,Inc.for Walden Heights 2nd Addition /y' E. FINAL SUBDIVISION,Nader Nooryshokry for Nader Addition �a F. CHANGE ORDER#5,Fire Administration building a;.G. OFF-SALE beer license for Kwik Trip,Inc.dba Kwik Trip#662 located at 3145 Dodd Road 01_3 H. EXTENSION,preliminary subdivision approval,Gopher Eagan Industrial Park 601 Addition p S I. FINAL PLANNED DEVELOPMENT,RiverPark Phase I,Blue Cross Blue Shield 1�9 J. REQUEST FOR PUBLIC HEARING,certification of delinquent false alarm bills—November 1, 1999 d K. SERVICE station and tobacco license for Holiday Stationstores#318 located at 3044 Holiday Lane p31 L. TREE contractor license for Valley Tree Service VI. 6:45-PUBLIC HEARINGS(SALMON) p3;?A. PROJECT 752,final assessment hearing,Johnny Cake Ridge Rd.(Street Rehabilitation-Overlay) P3VB. PROJECT 753,final assessment hearing,Thomas Lake Rd.(Street Rehabilitation-Overlay) p36C. PROJECT 756,final assessment hearing,Woodgate 3rd,Tiberon,Mallard Park 3rd Addition(Street Rehabilitation-Overlay) �,38D. VACATE public drainage&utility easement(Lot 13,Block 3,Eagan Royale) E. VACATE public ponding easement(Lexington Pointe 12th Addition) � �F. VARIANCE,Thomas A.Bane,request to allow a 4.5 percent variance to the 20 percent maximum / allowable building lot coverage in a residential zoning district for Lot 1,Block 2,Blackhawk Glen 15t Addition,located at 3661 Ashbury Road in the SW 1/4 of Section 16 Ps TAX RATE certification VII. OLD BUSINESS(ORCHID) ,/7.�'YA. PROJECT 768,Northwood Parkway(Right-of-way Acquisition) VIII. NEW BUSINESS(TAN) 6n3 A. NEIGHBORHOOD traffic calming requests,Denmark Ave /6 B. CONDITIONAL USE PERMIT,Wal-mart,to allow outdoor storage on Lot 1,Block 1,Town Centre 70 Eleventh Addition,located at 1360 Town Centre Drive in the NW 1/of Section 15 C. PLANNED DEVELOPMENT AMENDMENT,Opus Northwest,LLC,to allow a detached trash enclosure on Lot 1,Block 1,Eagandale Center Industrial Park No. 15,located at 3020 Denmark Avenue in the NE 1/of Section 10 D. PRELIMINARY SUBDIVISION,Cedar Cliff Properties,LLC,consisting of 3.59 acres to create two lots,legally described as Outlot A,Oak Cliff 8th Addition,located on the southwest corner of Slater Road and Cliff Road behind Super America in the NE 1/4 of Section 31 IX. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS 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 9/30/99— 10:40 a.m. i MINUTES;pQ. �p!i% IfiZ;; IG OF THE a. MUNK wmw agan, Minnesotbt:: vptember 14, 1.$* A special meeting of the I: is ji CA i�i#'was held on Tuesday, September 14, 1999 at 7:00 p.m. at the Eagan Municipal Center. F Ser......e Mayor Awada and Councilmembers Bakken, Blomquist, Carlson and Masin. Also present were Senior Planner Mike Ridley, Special Planning Consultant Julie Farnham and City Administrator Hedges. �Gi�Al14?A: Mayor Awada asked if there were additioi} Ap the agenda. City Administrator Hedges stated that he would like to add one item regardini5•W'request-#of-a letter of support for a T21 grant for the future construction of a transit station in the Grgter Cedan,;gl* Area. In a motion by Councilmember Bakken, seconded by Councilmember 5lQrV"__ -Yrith all:::umbers voting aye, the agenda for the September 14, 1999 Special City Counggj:""'°' 'as*�q� o discuss preparation of a letter in support of the T21 grant application by Dakota Cbiiritji was approdttl: T21 GRANT FOR FUTURE TRANSIT OPERATIONS/CEDARVALE AREA City Administrator Hedges stated that a request was made by Dakota County for a letter of support for a T21 grant application thW:.Wpuld provide funding assistance to construct a transit station in the Greater Cedarvale Area. He furthgj;:��tf!tcft.t this request was made today and a similar letter is being requested from the MVTA. After'a'4iifi9 tat iss'.. and in a motion by Councilmember Masin, seconded by Councilmember Bakken with allmemiii :v f ii�-aye, the City Administrator was directed to send a letter of support to Dakota County as:.Pprt of the T2nt application supporting a transit station for the Greater Cedarvale Area. REVIEW DFiiA :aCf51VIPREHENSIVE GUIDE PLAN City Administrator Hedges distributed a letter that was faxed to the City from Meg Tilley on behalf of her neighbors, Lilian Bratland and Irven Dahl, requesting their property remain agricultural so they can enjoy the flexibility of keeping horses and other similar uses on their five acre parcels. Councilmember Blomquist stated that she supports. the request, further commenting that this action provides the appropriate flexibility to this; igEit •.a';$t.#fti :time and also allows for the three parcels to work together for a joint developme.Mt'p�ftiposal*W4k*-fiifi*-*that is their desire. City Councilmembers concurred with the request and so noted that charnQtF.for the c mprehensive guide plan document. Councilmember Carlson thanked: City C{ icil for the opportunity to meet and review the comprehensive guide plan stating that the fi? for issue, p to have some clarification and a good understanding of non-conforming uses and the parcels that o'Wbe affected as a result of the adoption of the comprehensive guide plan document. She further distributed a worksheet containing various issues she thought would be appropriate for the non-conforming use discussion. Councilmember Carlson requested a clarification and suggestion that when the City sends out a notification for a change in a comprehensive guia Ian designation that they had received the same 350 foot notification that a proposed zoning change ovi+fild require. Consultant Planner Farnham stated that the notification process is eot8�4tsftt:Rtflf gde does provide language for the 350 foot notification process whether there is a1A :t�k ;Comprehensive guide plan designation or a zoning classification. Councilmember Blomquist stated that it was her understanding that the City has always practiced the same notification process for a changhe rezoning or comprehensive guide plan designation. Councilmember Carlson raised a concern about the non-conforming use ordinance, stating that it is important that property owners.be given an opportunity to live on their property and secure home improvement loans and make other improvements if the zoning and comprehensive guide plan is to be non-conforming or the City should consider making all properties conforming with the'zoning ordinance and comprehensive guide plan. She further stated that she has no preference in how to provide policy as long as it is consistent. She again stated that the need to repair buildings or provide minor improvements r Page 2/Eagan Special City Council Meeting;..:.: utes September 14, 1999 .•. ••• . :,' property to both residential and commercial buitl ,is essential • owner while their property is identified as non-conforming. Councilmert'i�C: bfk o:;S3i*W*lhat from a City enforcement point of view, comparable replacement would be a suggest9if-gtkd$fOF le would not be a proponent of changing the use to make the comp guide and zoning compatible. He further stated that this would defeat the long- range planning efforts the City is trying to accomplish with the comprehensive guide plan document. Consultant Planner Farnham suggested that language be added to the comprehensive guide plan that would allow property owners to make certain modifications to their property while they are non-conforming. Mayor Awada stated tFiBW'lh; i :-00: :* ::fix properties that remain at issue as to how the Council will designate a land use classifi4A*n. Sh*-Mited that the plan is to take action at the September 21 regular City Council meeting to submit the comprehensive guide plan to the Metropolitan Council for the 60 day review process and furthgf.:tti:take ai3:designating a land use classification for each of the six properties that remain in VUSM Councilmember Bakken stated that the City of Apple Valley is offering two land use designations on parcels that are currently zoned agricultural. It is apparent that some flexibility is in the best interest of the property owner and the City regarding the comprehensive guide plan designation at this time. Consultant Planner Famham explained the intent of why the language is written as it appears in the land use guide policy section regarding non-conforming and also provided an explanation for those properties that are designated and d4k§l�pd,as containing a transitional use. She further provided guidance on how the comprehensive'*;: Caf? be modified, especially in those areas that are designated as special area on the map. Councifft6ibi4(min stated that the comprehensive guide plan has taken away the visionary possibilities arrO she w&W support giving current property owners no constraints until they dispose of their property:;:;; Mayor Awada stated tlitei �� is•only six parcels that fit as transitional or non- conforming, identifying the parcels Richfield Blacktop, Weierke property, Neisius and Kaufman properties on Trunk Highway 3. Senior Planner Ridley suggested stated referring to all six parcels. He further clarified that each of those transitional properties would have a different classification between the comprehensive guide plan and zoning; however, they would not be considered non- conforming. Senior Planner Ridley, '1 i�i:i�"�*f: i*** ... the Council regarding whether or not existing non-conforming uses should be 1a'6e10 at''t'tansitrorSst' The consensus of the Council was that any existing non-conforming use shall remain nonraforming: : Further discussion occurred reg Whg addiN 4anguage to the Implementation Section prohibiting expansion of transitional uses; however, provisionf:yjojiuld be made to allow some modifications and improvements while they are designated transitional. Discussion also occurred regarding the necessity to update Chapter 11 (Zoning) in response to the-Comprehensive Guide Plan update. The Council gave direction that the non-conforming use ordinance needed to be included as part of the updatethat that portion of the chapter should be given priority. . Councilmembers furth*:'O. **... some consideration and designation of properties whereby the City should se��466-.8W.;ds.W 1, especially those properties that have a future parkland dedication potential. Direction was given to tlaKe the Director of Parks & Recreation check with the City Attorney's office and discuss the legality for &tifying a first right of refusal with certain properties and further that the Director of Parks & Recreat6Kiook at all properties adjacent to City and County parkland and determine whether a first right of refusal would be appropriate. Councilmember Masin raised'a question regarding adequate transit locations within the City. She stated that there are no sites identified for additional transit locations other than Cedarvale. It was suggested by the Council that the City work with the MVTA to study possible sites for future park and ride facilities. A x Page 3/Eagan Special City Council Meetingy${liites September 14, 1999 Q^RNMEW. There being no additional bOslsf$y$;=:$y �.rtieeting was adjourned at approximately 9:00 p.m. Date .. City Clerk .... TLH MINUTES;* X=34*#: 4R '3NG OF THE • GAt-•'(t t`1'COIUJ ••• Eagan,Minnesota &eptember 21,19511;. A regular meeting of the EaganC3itifir�t3i8# on Tuesday,September 21,1999 at 6:30 p.m. at the Eagan Municipal Center. Present x*mpm:—X i%Awada and Councilmembers Masin,Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges,Senior Planner Mike Ridley, City Engineer Russ Matthys,and City Attorney Jim Sheldon. Councilmember Masin moved to separateins E,F G from the Consent Agenda to be . placed under Old Business. The motion failed for Irick of a setdfld. Councilmember Blomquist mo -C0dXbg1 tM : separate in seconded a motion to a Items E,F,G,H,I and S from the Consent Ag"fcl pI nisi Old Business. Aye: 2 Nay: 3 (Mayor Awada and Councilmembers Carlson and Bakken opposed) The motion failed for lack of a majority. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the agenda. Councilmember Masin asked t}i :-2 U,Aktprney to recap what a Consent Agenda is. City AttorneySheldon stated that Councihnemi: '' sX.: t� estion was a policy question and not a legal question. City Administrator Hedges stated t�ttat th 'Coi i$ tt Agenda usually consists of items that have been before the City Council previously. He:$ eCoT}smV}.kgenda is used to expedite the approval of items. Councilmember Masin asked who mces;tbeeY�ktiatafion as to what is on the Consent Agenda. City Administrator Hedges said that t on Tuesday preceding the regular City X. Council meeting and provide inform ati,{ i 'the agenda and determine the placement of items. Councilmember Masin said that it washer understanding that items on the Consent Agenda were supposed to be non-controversial. City Administrator Hedges said that was his understanding too. Councilmember Masin stated that she has informed some people at the dais that she was not prepared to vote for any street assessments,with the exception of Wescott and Lexington,until the Council has evaluated the street assessment policy;:: 3te�,s.£s,F and G are controversial since they relate to assessments. Mayor Awada said thafi .18'.Rbk4S g c:€I�purpose of scheduling a hearing only and the discussion about assessments will occur at the k.e of the:bgaring. Councilmember Blomquist asked City A*i:pey She why items could not be separated from the Consent Agenda at the time of the adoption oki;K regulai;agenda. City Attorney Sheldon said that the chair is the ruler on all initial motions and all activity wATispect to the parliamentary procedure of the City Council. Councilmember Blomquist asked what procedure should be followed for separating an item from the Consent Agenda. City Attorney Sheldon stated that the Council has attempted to adopt an agenda,but there has not been a successful motion for doing so. He further noted that nothing could be pulled from an agenda that has not been adopted. Counciltpwber Blomquist said that she can see no other reason for not allowing an item to be pulled other tha. t it is the desire of some members of the Council to control the discussion of others. Councilmember Carlson said not be separated from Consent en but rather she did not agree with the motion to separate the par#czdar items. She further said that the motion needs to pass by a majority of the Council. She added that fWtems,which were requested to be separated,have historically always been on the Consent AgeiicTa and they are non-controversial. Councilmember Blomquist said it was her intent to vote no on Items E,F,G,H,I and S and therefore will have to vote no on the entire Consent Agenda, Councilmember Masin stated that the City Council adopted rules on May 25 which state that no controversial issues are to be placed on the Consent Agenda. She added that since a member of the City Council is in litigation with the City regarding street assessments that anything regarding road assessments should not be placed on the Consent Agenda. EAGAN CITY COUNCIL MEETING MINUTES; ,Iy�$FR PAGE 2 A vote was taken. Aye: 3 Nay;::2:.(Councilmember i•$lomquist and Masin opposed) Councilmember Masin said she w'i :, �;stsving the agenda because items can not be separated from the Consent Agenda. MINUTES OF THE AUGUST 31,1999 SPECIAL MEETING Mayor Awada requested the first. ' cZg11Q�3�?Agf!. tVe under Acting Mayor be revised as . :......r . follows,"Mayor Awada stated that it w re:tq . l A*p' Acting Mayor at this time due to what. happened at the regular City Council meeting of Aix�ist 11. ,�,"...:presented a letter to the City Council identifying her reasons for the change and said that alt iigh she'iffct not blame the existing Acting Mayor for what occurred,she wanted to ensure that it does#iothappen:*:{he future." Mayor Awada moved,Council.�i ies�'l�akke":...fie'fed a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE SEPTEMBER 7,1999 REGULAR MEETING Mayor Awada requested that the second sentence in the third paragraph on page two under Department Head Business be revised : c3 "Mayor Awada noted that Mr.Poppler was a developer at the time he was assessed." She also requested that the following$;entence be*addp.c-after the fourth paragraph on page two, "Mayor Awada stated that there was already a? .�on.010h16&r::•: Councilmember Masin requestr :fkat'ffiesecond sentence in the second paragraph on page three under Special City Council Meeting be'ievised as follows,"She thanked everyone who participated in the Onion Festival and also thanked the sponsors of the concert for providing a major activity for the young people in the community and for promoting a smoke-free millenium." She also requested that the wolth :}te:�k}�n, ed t9.health on page five in the paragraph beginning,"In regard to Item J, . . .It . Councilmember Bakken moved,Councilr#�i�►ber Cain seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD A41NESS PRESENTATION OF PLAQUE BY DAKOTA COUNTY FOR 10 YEARS OF CITY-WIDE RECYCLING City Administrator Hedges provided an overview op this item. Dakota County Commissioner Patrice Batagha acknii dledged Communications/Recycling Coordinator Joanna Foote for her effor19: f : dLl; 's recycling program. Commissioners Batagha and Nancy Schouweiler pr(seiif :i�:}-'U:*cJi�.q.t7 mayor acknowledging the City for its contributions in supporting and operating its residential regy lkng program during the past ten years. . RECOGNITION OF MINNESOTA ALLIANCE WT -:YOUTH CO-CHAIR MAYA BABU Mayor Awada noted that Lieutenant Governor Mae Schunk was present and further noted that she had appointed Maya Babu as co-chair of the Minnesota Alliance with Youth. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER;1,1999 PAGE Lieutenant Governor Schunk slj*about the activitigs of the Minnesota Alliance with Youth. Ms.Babu thanked the City Council for d'support. Mayor.Awada presented a plaque to Ms.Babu in recognition of her leadership in the Eagan: munity. Councilmember Masin mentioned tlifitJ a7So serves on the National League of Cities youth board. CONSENT AGENDA A. Personnel Items '•r'' , Item 1. It was recommended to approve the hiring=o Stacey i✓oitley and Nathan Wood as Community Service Officers. Item 2. It was recommended to approv : ie;jii�iiig of= a�ii' fiielman as a seasonal preschool program instructor. ' Item 3. It was recommended to approve the hiring of Barb Mason and Terri Kranz as seasonal preschool program assistants. Item 4. It was recommended to approvi8. iilin of Lori Huckle as a seasonal preschool program substitute. Item 5. It was recommended to approve the of Mary.1pAn,Norm Peterson,Robert Platz and John Sarafolean as seasonal park maintenance woir$. Item 6. It was recommended to approvi:friring of Paul Robertson as a seasonal park attendant. Item 7. It was recommended to approve the hiring of Bruce Barry and David Schomburg as seasonal basketball scorekeepers. , Item 8. It was recommended to approve;t�i�.kir; q�•$=adl�y.�hamplin as a seasonal substitute basketball scorekeeper. . B. Resignation,Burnsville/Eagan Telecommunica Commission. It was recommended to accept the resignation of Jeff May from the Burnsville/Eagari;: eleco mcations Commission. C. Project 766R,approve Count�Signal Agreement.(Lexingt ,ve. &Wescott Rd.). It was recommended to approve Traffic Signal Agreement No.99-06 for Project 766R-A(Lexington Avenue& Wescott Road-Traffic Signalization)with Dakota County Highway Department and authorize the Mayor and City.Clerk to execute all related documents. D. Contract 00-01,authorize Request for Proposals-design ices(Cliff Rd.Water Treatment Facility- Masonry Restoration). It was recommended to authorize Re""Ai is for Proposals for professional design services for Contract 00-01,Cliff Road (Masonry Restoration). E. Project 758,receive final assessment roll,schedule publicboring_(Surrey Heights-Street Rehab. Overlay). It was recommended to receive the Final AssessnkQWoll for Project 758(Surrey Heights- Street Overlay)and schedule a public hearing to be held on October 19,1999. F. Project 757,receive final assessment roll,schedule public hearing_(Ridgeview Acres-Street Rehab. Overlay). It was recommended to receive the Final Assessment Roll for Project 757(Ridgeview Acres- Street Overlay)and schedule a public hearing to be held on October 19,1999. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21,1999 PAGE G. Project 755,receive final assessment" •,schedule 12ubhc"m -Meadowland Add.-Street Rehab. OverlayJ. It was recommended to receive-the Final Assessmpj}t Roll for Project 755(Meadowland 1st Addition-Street Overlay)and schedult }blic hearing t ',ieield on October 19,1999. H. Project 784,receive feasibility report,sc&c � •" �. ging(Louis Lane-Streets and Utilities). It s i. was recommended to receive the draft feasibility report for Project 784(Louis Lane-Street Improvements)and schedule a public hearing to be held on October 19,1999. I. Project 761,receive feasibility report,schedule ublic hearing ckwood Dr. -Street Overlay)and schedule a public hearing to be held on.' ommended to receive the draft feasibility report for Project 761 (DuckwoWl'3rfvd. fret'�}Psay)and schedule a public hearing to be held on October 19,1999. •• XX J. Final Subdivision,Duke Construction, zAI M4kisine,=r�fk_ It was recommended to approve a Final Subdivision to create two lots on ,,r� s�sou�7i:gtlio Road in the north 1/2 of Section 11. K. Corrective12lat,Oak Bluffs. It was recommended to approve the Corrective Plat(Oak Bluffs)located east of Dodd Road and north of Diffley Road in the south 1/2 of Section 24. L. Final Subdivision,Thorson Properties for Lexington Pointe Fourteenth Addition. It was recommended to approve a Final Subdivision entitle& 'JX?cington Pointe Fourteenth Addition' located south of Lexington Pointe Parkway and east of IVI2i44 j~6UIrt•in the NW 1/4 of Section 26. M. Final Plat,Collector Paradise for McNall�-'kdddition.-T was-zecommended to approve a Final Subdivision to create one lot located at 2781 #' ot,Krab.2p lithe NE 1/4 of Section 4. N. Engagement letter for auditing ser%•�CDeWenter,Viere,Ltd.for the year ending December 31, 1999. It was recommended to approve'Elie engagement letter with Kern,DeWenter,Viere,Ltd. to provide auditing services for the year ending December 31,1999. O. On-sale liquor license for Spur,Inc.,dba Lost Spur Country Club. It was recommended to approve a full on-sale liquor license for Spur Inc.dba LQP1.1*1 .Q4untry Club. P. Amusement device license,Regal C`_memas,2015*Cliff} oacf"It was recommended to approve an amusement device license for Regal Cinemas loca ;at 20554ff Road. Q. Tobacco license,Kwik Trip,3145 Dodd Road.;It lvas recommiended to approve a tobacco sales license for Kwik Trip located at 3145 Dodd Road. ..., R. Recommendation to pursue Recognition as a"Community of Promise'. It was recommended to approve the recommendation to submit a pledge to become a Minnesota Community of Promise. S. Confirmation of Findings of Fact,Conclusions&Resoluji bf Denial,Glen Pond Second Addition. It was recommended to approve Findings of Facts,Conclusiorfs-ir Resolution of Denial of the Preliminary Planned Development(Glen Pond Apf};ui}:# lc+f Knob Road in the SW 1/4 of Section 10. T. Footing and Foundation permit,Lot 1,Block 1,Northwood Business Park. It was recommended to allow the issuance of a footing and foundation permit for L¢t I Block 1,Northwood Business Park prior to final platting of the property located north of NorthwooCT-P. at Promenade Avenue. U. Project 97-B,acknowledge completion/authorize City maintenance(Fox Forest Addition). It was recommended to acknowledge the completion of Contract 97-B(Fox Forest Addition-Utilities)and authorize perpetual City maintenance subject to warranty provisions. EAGAN CITY COUNCIL MEETING MINUTES;,SEPTEMBER 21.X999........ PAGE 5 V. Contract 98-24,approve Change Or iN0.1 Blue GentiaiMbad&Blue Water Road(Street& Utilities). It was recommended to approve;Change Order Np; .to Contract 98-24(Blue Gentian Road and Blue Water Road-Street and Utility Impitements)and axize the Mayor and City Clerk to execute all related documents. W. Contract 99-06,approve final payment/authorize City maintenance(Duckwood Estates/Duckwood Trail-Street Resurface). It was recommended to approve the final payment for Contract 99-06 (Duckwood Estates/Duckwood Trail-Street Rehabilitation)in the amount of$9,110.51 to McNamara Contracting,Inc.and accept the improveme s.((g4nF,l?ehk l.Q maintenance subject to warranty provisions. X. Order public hearing,public right-of-way vac&A(Old Sil;&Memorial Highway-Youngs This item was pulled from the Consent Agenda at the '** t of t,hcy'd t. Y. Order public hearing,public right-o +2nd Addition) It was recommended to schedule a public hearing to be held on October 19,199t6 vacate public street right-of-way on Old Sibley Memorial Highway. Z. Resignation,Solid Waste Abatement Commission. It was recommended to accept the resignation of Susan Bast from the Solid Waste Abatement Commission and authorize staff to advertise the opening in the local media. AA. 2000 Landfill Abatement Grant funding. ppIicatiioi#:: t;was recommended to approve the annual Landfill Abatement Grant funding applicatigrx Jor 2000. Councilmember Bakken moved 4;Coi Carlson seconded a motion to approve the Consent Agenda. Councilmember Masin referenced Item B,Resignation,Burnsville/Eagan Telecommunications Commission and Item Z,Resignation,Solid Waste Abatement Commission and thanked the outgoing commission members for their service and suggested they be invited to the next City Council meeting to be presented certificates of appreciatiort........................... In regard to Item B,Resignation,BurnsviQlffigan TIi communications Commission Mayor Awada suggested the Council fill the vacancy in Jq*"A*"i*'ary. Cicilmember Carlson suggested that Alternate Jerry Sowolls be appointed to fill the vac * y. May�Awada stated that the alternate position would then be left vacant until next year. In regard to Item S,Confirmation of Findings of Fact,Conclusions&Resolution of Denial Glen Pond Second Addition,Councilmember Blomquist stated that Mr.Wenzel has indicated that he is not interested in the MnDOT property and is planning to submit revised plans to develop his property. Councilmember Carlson said that Mr.Wenzel should submit Doter of his intentions. A vote was taken on the motion. Aye. 3 Nay: 2 (Cfi icilmembers Blomquist and Masin opposed) PUBLIC HEARIXQ$ PROJECT 762,FINAL ASSESSMENT H1r; MNG,DUCKWOOD TR. (STREET REHABILITATION-RECYCLING) City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report. It was noted that no one was present for this public hearing. EAGAN CITY COUNCIL MEETING MINUTES;5X=M13FR 21,J9?.9........ PAGE 6 Councilmember Bakken moved•:'4U0uncilmember Carte seconded a motion to approve the final ` assessment roll for Project 762(Duckwof Trail-Street Rehabilitation)and authorize its certification to Dakota County for collection. Mayor Awada opened the public heatmq: tYyfifi wishing to speak. There being no one she closed the public hearing. Councilmember Masin stated that she would be voting against this item because the Council has not evaluated the street assessment poli et:•.QgW1GilpteA?bgt,Blomquist said she was opposed to this item because the Council has not decid ........ . handle street assessments. A vote was taken on the motion. Aye: 3'Ray: 2 (C&iRilmembers Blomquist and Masin opposed) PROJECT 763,FINAL AgMNa,$ NT: 2G,DUCKWOOD ESTATES (STREET REHABILITA�-OVERLAY) City Administrator Hedges provided an overview on this item. City Engineer Matthys gave a staff report. Councilmember Bakken movecY;-:.% Carlson seconded a motion to approve the final assessment roll for Project 763(Duckwooerlay)and authorize its certification to Dakota County for collection. Mayor Awada opened the public g to speak. There being no one she closed the public hearing. Councilmembers Blomquist a&Kiasin noted that they were voting against this item for the same reasons they were opposed to Project 762. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) PROJECT 738,FINAL ASSESSMNt REAIt7I '0—' (YCKY LANE(STREET&UTILITIES) City Administrator Hedges provided an c erview oftis item. City Engineer Matthys gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Mark Bosiacki,1390 Rocky Lane,stated that he was representing himself and also his neighbor Evan Christensen who resides at 1370 Rocky Lane. He further.Stated that they are both objecting to the street portion of the assessments. He added that the street ilTilovement was for the benefit of the City of Eagan. He commented on the lack of notification about the ftbject. He said that as a result of the construction of the Civic Arena and C e'8" tated the road improvement,they have had to endure construction activity,tra ;:��2::.,, Councilmember Blomquist said that the concerns e". sed by Mr.Bosiacki are the reasons why she believes the City is out of line in the way they assess for4freet improvements. She added that the City has been an imposition on this neighborhood and stated that the property owners of 1370 and 1390 Rocky Lane do not receive a benefit from this improvement and should not be assessed. Councilmember Carlson noted that the City is only assessing for water and the street improvement. City Engineer Matthys said that Mr.Bosiacki signed an agreement waiving his objection to EAGAN CITY COUNCIL MEETING MINUTES;$SPTj1�13kR PAGE the water assessment. Councilmember Milson suggested tha;t:t*assessment for water be deferred to 1370 Rocky Lane until the time of conned. City Attorney Skodon said that the deferral should be subject to an agreement with the propert�:.b smer. X. Mayor Awada moved,Councilmemtief� Yconded a motion to close the public hearing and approve the final assessment roll for Project 738(Rocky Lane-Street and Utility Improvements)and authorize its certification to Dakota County for collection,deferring the water assessment for 1370 Rocky Lane,subject to an agreement with the property owner. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) VARIANCE,Mt -Y&JO I'T)AVIES 4775 VM 1'1~OAK Cd tT City Administrator Hedges projdfi'kr'`•" �jeyy,;t�ff:l�xs item. Senior Planner Ridley gave a staff report. ,••• . Councilmember Masin asked about the neighbors'position with regard to the variance request. Senior Planner Ridley stated that staff has not heard from any of the neighbors. John Davies,applicant,stated the reasons for the variance request. Discussion occurred regarding tree loss and the setback froge; Ret. Mayor Awada noted that the City Council-*i ecl.1{ :**ddress the larger policy issue as it relates to the expansion of structures that have been plgced at the in}nlmpin setbacks. She said that she would support the variance since the neighbors weri i�ot1?:o2 'the expansion would result in an increase to the property value. Councfterfidx!,v concurred. Councilmember Masin moved;Councilmember Carlson seconded a motion to approve a Variance of 10 feet to the 30-foot setback from a public right-of-way to construct an addition to their garage at 4775 White Oak Court,legally.described as Lot 18,Block 2,Oak Cliff 4th Addition,in the NW 1/4 of Section 31 subject to the following condition: 1. If within one year after appro -.1.ft.VMU-¢ have been completed or utilized,it shall become null and void unless a petition for.eztension as been granted by the Council. Such extension shall be requested in writing at Wt 30 day,: efore expiration and shall state facts showing a good faith attempt to complete:*.;*f utilize tlait:nse permitted in the variance. Aye: 5 Nay: 0 OLD BUSINESS COMPREHENSIVE GUIDE PLAN DRAFT-CITY OF EAGAN City Administrator Hedges provided an overview oMiiis item. Planning consultant Julie Farnham provided additional informatD}.: ; elvQtisive Guide Plan. Councilmember Bakken moved to accept public testjinwny on the land use portion of the Comprehensive Guide Plan. ' An attorney representing Mike Neisius,.property owner of 4855 South Robert Trail,indicated that his client did not object to the APC's recommendation that his property be guided Low-Density(LD)and zoned General Business(GB)transitional. Councilmembers concurred with the APC's recommendation for Mr.Neisius'property. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21,1999• •; PAGER Todd Franz,1525 Deerwood Dft,said•that he and lrandfather,Henry Franz,would like to retain the Agricultural zoning designati ;qf their property..., Farnham noted that the APC recommended that the Agricultural zo ...signation be�sf*"ed on both parcels and also Ae recommended they be guided LD. Mr.Frain: eti t 03)"M not want his property to become non- conforming. Ms.Farnham said that since the -oi #:; t 'property is less than five acres it is considered non-conforming due to size but not use. Mayor Awada noted that while this Council agrees with the Agricultural zoning,they can not prevent a future City Council from ch the zoning.•She requested that the minutes reflect that the ate•,eli?$::•::::::::•. •: Agricultural zoning is appropriate. Co�ii'Ai"WWW t '.�tf with the Agricultural zoning , classification and the LD Comprehensive Guide xiesignjii. Barb Miller,3217 Donald Avenue,stated;#tjj)�opposit ;to the APC's recommendation to change the Comprehensive Guide Plan designati=foF: `ft ield B*a *:.R op to Medium Density(MD). She said she would prefer a low-density zoning clasgl'iGAt3i for8 '4ty. Jonnel Green,3225 Donald Avenue,concurred. Peggy VanWinkle,3240 Heritage Lane,spoke in favor of the Low-Density Guide Plan designation and stated that they purchased their hquse with the understanding that future development on the site would be low-density. John Johnson,owner of Richfield Blacktdp's rp't1:**t he was not in favor of the Medium Density designation;however,he said he was more deposed to the•L,ow.Density designation citing concerns with economic loss. In response to a question by 1! f.Jolt : g Consultant Farnham said that the Richfield Blacktop property is classified as,. 3f t iei 'i� ch means that the existing use is all that is allowed to occur and that no other Gertt�'$tiSir►ess use would be allowed without City Council approval. Ron Miller,3217 Donald Avenue,expressed concern with the Guide Plan designation changing from the existing Low Density Residential. Councilmember Carlson MOVA.:Oi}�}t�otblluist seconded a motion to change the Medium Density designation to Low Density. Councilmeipber Carlson stated that since:&re is alrQy a significant amount of multiple family development in the area the City should strive to ah a balani through the Comprehensive Guide Plan. Councilmember Bakken stated that the Council should atte�f:to reach a compromise by allowing a small lot Single Family development that would allow for a slightly higher density. Mayor Awada stated that since the Guide Plan is proposed for LD an R1-S or R-1 development would be allowed. She added that she wanted to ensure that Councilmember Bakken's concerns are incorporated into a transitional plan. She further added that she wanted to see this parcel redevelop in a financially feasible way as soon as possible. Councilmember Masin echoed Councilmember lson's statement regarding balance in the area. A vote was taken on the motioi*t &, .-ia &: ':B'''..., Vern Schaaf inquired about the status of his proper€ .consultant Farnham explained the GB transitional zoning and the MD Guide Plan designation propissed for his property. Mike Schindeldecker,2875 Lexington Avenue,inquired about the Schindeldecker properties on Lexington Avenue. Planning Consultant Farnlam stated that the proposal is for Business Park for both the zoning and Guide Plan designations. F EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21 1999 PAGE 9 ' Stuart Wierke,owner of Wierke gienching,stated his tliire to have his property zoned and guided for commercial use. Councihneaftr Carlson said thgt,abe is not concerned about the LD Guide Plan designation but would like to ensu iat.the Agricultu#al;xoning remain in place. Mayor Awada moved,Councilmem87ided a motion to guide the Wierke property LD and retain the Agricultural zoning. Aye: 5 Nay: 0 Planning Consultant Farnham stated that the current use on the Wierke property is not conforming to the Agricultural zoning. Further;discuss;on occurred and it was determined that changes to the City's non-conforming ordinance '"'° "' ty g ;�c73b2i r ;old allow Mr.Wierke to continue his operations. Karen Flood,1518 Lone Oak Road,expreSS,'8 concernrout the lack of land that will be available for affordable housing and requested that 3a� r% .thg G Plan be changed from upscale to life- cycle housing. .... Councilmember Masin moved to change the language in the Guide Plan. The motion failed for the lack of a second. Councilmember Bakken moved,Mayor Awada seconded a motion to grant preliminary approval of the City of Eagan's Comprehensive i%q ian and direct staff to submit the plan to the Metropolitan Council for review and comment. Councilmember Masin stated that she:Nvas concerng .al but lowering the land use designation of property that has been taxed and assessed at Councilmember Carlson offered ik*c a itiihdment to include language on page 11 of the Land Use element of the Guide Plan that would restrict expansion of transitional uses. Councilmember Bakken accepted the amendment. In response to a comment,Planning Consultant Farnham stated that the City Council has nine months to achieve consistency between the zoning map and Comprehensive Guide Plan. A vote was taken on the amend€d..jnotioz,,;..6,ye..5;ft: 0 Councilmember Bakken moved,Rv y*orAw';4da'secondi d a motion to direct staff to begin working on amendments to City Code Chapter 11: rung Codd)as outlined in the Implementation Section of the Comprehensive Guide Plan. NEW BUSINESS:•. CONTRACT 99-13,RECEIVE BIDS/AWARD CONTRACT (ASHBURY ROAD-TRAFFIC CALMING) City Administrator Hedges provided an overview of.&.-s item. City Engineer Matthys stated that no bids were received due to the unavailability of contra4rirs. He said that staff is requesting to pursue the work through change order$eitiy{jt :�o�i'�,�tions. Mayor Awada moved,Councilmember Bakken seconded a motion to cancel the advertisement for bids for Contract 99-13(Ashbury Road/Blackhawk Hills: d-Traffic Calming Improvements)and direct staff to coordinate the construction of the improvement through change orders of current contracts and the solicitation of other needed services. Aye: 5 Nay: 0 REZONING &PRELIMINARY SUBDIVISION (WATERS EDGE)-TRANSACT,INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. l EAGAN CITY COUNCIL MEETING MINUTES;,$$ R2L.1... ,:: ... ., PAGE 10 ................. i Councilmember Bakken moved;.gpuncilmember Ca4A,4n seconded a motion to approve a Rezoning of approximately 4.6 acres of Iai ;4om A,Agricii I to R-1,Single Family(Lots 8 and 9)and R-2,Residential Double(Lots 1-7)located }t# 31: s? fi' sad and west of Pilot Knob Road in the southeast 1/4 of Section 16. Aye: 5 Nay: 0 . Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve a Preliminary Subdivision entitled Waters Edge located south of Englert Road and west of Pilot Knob Road in the southeast 1/4 of Section 16 subject to;"4911gw4 conditions: 1. The developer shall comply with fie stan4.,&conditions of plat approval as adopted• by Council on February 3,1993: Bl,B2,B3,Cl,W'�., 2. The property shall be platted. ' 3. Development of the property depicted as Lots 1 and 2 shall not occur until such time as street access from the west is available. 4. Either the plat shall bq:x�grk(i red to eliminate the non-conforming garage setback or the garage shall be removed,'::::::::::::::•:; 5. The developer shall be res pp�ible for instal oo g and maintaining erosion control measures in accordance witit�: g standards. 6. The utility plan shall b ;1.k so that a retaining wall is not constructed over the utilities extended to serve Lots 1 and 2. 7. This development shah maintain the integrity of this sanitary sewer service pipe to Parcels 013-79 and 030-79 and provide a private easement to allow its continued use as a service line. 8. The developer shall obtain suffic' . drama e.&utility easement from Parcel 030-79 for $::: the proposed sanitary sewer line t crosses:•je northeast corner of Parcel 030-79. 9. The required tree mitigation calcQ6*es to thea tstallation of twenty-five(25)Category A trees,or fifty(50)Category B trees,or one hi"ed(100)Category C trees,or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation shall be in addition to any City required landscaping. 10. Tree Protective measures(i.e.orange colored-jQt fence or 4 foot polyethylene laminate safety netting)shall be installed at the Drip or at the perimeter of the Critical Root Zone,whichever is greater,of sipdfiwoodlands to be preserved. 11. The applicant shall co1+rE�t tt iesttt�' h`vision at least five days prior to the issuance of the grading permit to ensure comvJiance with the approved Tree Preservation Plan and placement of the Tree Protection E" ing. 12. A cash dedication in lieu of on-site ponding shall be required for the development. The cash dedication required based on the area and impervious characteristics of developed lots shall be approximately$5,600. f EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21 1999 PAGE 11 13. An access easement froii :tie west to serve Lc 3:and 2 shall be provided to the City Attorney for review and smell be recorded with.the plat. The private access easement shall be terminated with' ;development cPpublic access from the west to service Lots land 2. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION-DUKE WEEKS REALTY CORPORATION(EAGAN POINTE) City Administrator Hedges proK3 :c[�t�?� iti2r-ft item. Senior Planner Ridley gave a , ;:.::. .. ... staff report. He noted that the Advisory Parks Cot ssion hO.rt to review the tree mitigation plan, parks and trails dedications and water quality regiiuements. Wieferenced a letter submitted by the applicant proposing a deviation from the tree minion requ$r4rients. He stated that the applicant was agreeable to approval of the prelimin arysu"vsgi3:,•_,, ect;��ie review of the aforementioned plans by the APrC,prior to final subdivision applie xt Kevin Maas,representing the applicant indicated that he agreed to the APrC's review of the plans. Councilmember Masin said that she would not be agreeable to a variance to the tree mitigation policy. Mayor Awada concurred. Councilmember Bakken moved,Mayprt`�wfi : eeutcded a motion to approve a Preliminary Subdivision(Eagan Pointe)to create five lots dot approxima.:.. Z6 acres located west of Hwy. 149 across from Chapel Lane and Rolling Hills Drive in eas :'t oiHi 12 subject to review of the tree mitigation plan,parks and trails dedicati requirements by the APrC and approval by the City Council prior to action on the f�i*iitibtlivision and the following conditions: General Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February. , g99 ....:•: : :: Bl,B2,B3,B4,C1,C2,X41A I]rl 2. The .property shall be platted. Setbacks .,., 3. The development plans shall provide the minimum required 5-foot pavement setback for .southern drive aisle on Lot 3. Storm Drainage 4. The developer shall be; ii; q: if ; gaStruction of the storm sewer pipe outlet from Pond EP-4.1 to Paan +a.' t#:........ tt :'ark". 5. The developer shall be responsible for all ccg8*associated with the force main pipe relocation within the development in accord tee with City engineering standards. Wetlands/Water Quality 6. The development shall meets its water quality mitigation requirement entirely through on-site ponding. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21,1999 PAGE 12 7. The pond excavation sl"jncorporate a 5-foot wide aquatic bench extending from NWL to 1 foot below NWL arra*We slopes below:, aquatic bench should be 3:1 to a maximum depth of 10.5 fie :::::::::•:::.; ::;'::::; 8. The proposed ponding area shall be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least.6 acres and 2.6 acre-feet,respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basic , Access/Street Design 9. Prior to final subdivision approvA*;tie deveker shall provide proof of the access easement allowing their. drive along the southern boundary of this site. 10. The development plan shall be revised to provide a minimum drive lane width of at least 24 feet al all points. Easement/Rights-of-Way/Permits 11. The developer shall otitfialf hermit approval for all construction(access,grading) within Hwy.149 right-of-waX'"Flie.... of .shall also be responsible for the construction of all improvements on Hwy.'�4,9;mquired by MnDOT as part of the permit approval,including possible. rn.jieS;: ? anes,etc. 12. The developer shall ob&*;&riffifapproval from Metropolitan Council Environmental Services for the connections to the sanitary sewer along the west edge of the site. 13. The developer shall be responsible for obtaining permit approval from the appropriate railway company for the extension of the pond pipe outlet across the existing railroad tracks west of Pond EP;�.�,.,,•,,,; Landscaping 14. The landscaping for Lots 2-5 will eviewea*t&compliance with City Code requirements at the time of the bring per>�tfor each lot. Landscaping along the east side of the site adjacent to the highway shall.*gdvide 75% screening of the parking lots as required by City Code,and each of those lots shall contain plant materials equal to about 3% of the building value. Tree Preservation 15. Prior to final subdivision approval,the deve4rsjier shall submit a Tree Preservation Mitigation Plan with t]AlW to a, ; ovides for the installation of one-hundred sixteen.(116)Category: ;re �l ,i:----- I# kt combination of Category A,B and/or C trees),subject to review by the City Forester,..TTee mitigation shall be in addition to landscaping required by the City Code. Mi�*%ation plantings shall be identified both graphically on the plan and on the legend. 16. Tree Protective measures(i.e.orange colored silt fence or 4 foot polyethylene laminate safety netting)shall be installed at the Drip Line or at the perimeter of the Critical Root Zone,whichever is greater,of significant trees/woodlands to be preserved,if any. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21,1999 PAGE 13 17. The applicant shall corm the City Forestry ion at least five days prior to issuance of the grading permit to$Rsure compliance with the approved Tree Preservation Plan and placement of the T '•rotection Fenc' Parks and Recreation 18. This development will be subject to a cash park and trail dedication. Aye: 5 Nay: 0 PRELIMINARY SUBDIVI'5I-5.1V :? EGC7R'` VALERIE RATHMAN (RATHMiWADDIT46fiI) City Administrator Hedges provided ad$�;yiew oji- s item. Senior Planner Ridley gave a staff report. Councilmember Masin moved,Mayor Awada seconded a motion to approve a Preliminary Subdivision to create three lots on 3.27 acres with a Variance to lot width for Lot 3,for property located east of Blackhawk Road just north of Silver Bell Road in the southeast 1/4 of Section 17,subject to the following conditions: 1. The developer shall coritpljt tfit�;:hese.standard conditions of plat approval as adopted by Council on February 3,1993' X. B1,B4,C1,Dl,El 2. The property shall be p# kec7 3. The OHWL of Blackhawk Lake of 792.3 feet shall be shown on the final plat. 4. Blackhawk Lake shall fie identified on the plat also as DNR#19-59. 5. This development sha13: rwgb;:e Sh*a'1---, ality dedication in lieu of on-site ponding. ::::•:... ......... .... 6. Prior to final subdivision approvi;Ue develfter shall prepare a conservation easement to provide protection of riparian sw adjacez t,pland areas along Blackhawk Lake and Pond BP-1.2. The area covered in the easemshall extend a minimum of 100 feet back from the ordinary high water level of Blackhawk Lake and Pond BP-1.2. The easement shall be submitted for review and approval by the City Attorney, prior to Council action on the final subdivision,and shall be recorded with the plat. 7. The developer shall prepare a private ingreSSfj,*gress easement for the shared driveway access for Lots 1 and 2,and the easement ari;k&all encompass sufficient maneuvering space for Lot 2 over Lctk. :: s4; sez ;.be submitted for review and approval by the City Attorney prio;:tb; iiDkJ; ie final subdivision,and shall be recorded with the plat. 8. Individual Lot Tree Preservation Plans will Wequired at the time of building permit application for Lots 1 and 3. 9. Park and trail dedications for Lots 1 and 3 should be satisfied through a cash dedication paid at the time of final plat. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21,1999 ' PAGE 14 Aye: 5 Nay: 0 ,.. PRELIMINARY SUBDIV3WN(TERMINAL.-DRIVE BUSINESS CENTER) OMNI44tto#�ATIONAL . City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson left the meeting at 9:00 p.m. Councilmember Bakken moved,%y,91.Awada seconded a motion to approve a Preliminary Subdivision entitled the"Terminal Drivq:l#. W- -f '•`•I2iaR£ d on the western half of property , currently platted as Lot 1,Block 1,Sibley'ferm3i AW*a`MM* k(3131 Highway 13)in the NE 1/4 of Section 8 and the NW 1/4 of Section 9 subject to the owing edit6ions: 1. The developer shallcom !+tt#t31tfie star} conditions of plat approval as adopted by Council on Februarj:3 ; Bl,B2,Cl,C2,C4,D1 and E1 2. The property shall be platted. 3. Cross access/parking (SRtgits and covenants shall be established between Lots 1 and 2. Such easements shall Tie '' a!*—r-eyiew and approval by the City Attorney and recorded with the plat. ' 4. No outdoor storage is to occ}4;on eitbf: E;itt#1 ss a Conditional Use Permit(CUP)is obtained upon Council 5. The gravel surface on{iie lot shall be surfaced in compliance with current City Code requirements. 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City.s.4ndards. 7. Catch basin structures and storrii Viewer s$ II'iie constructed at the northwest entrance to Lot 1 to capture the storm water i&bff befolk:31 reaches Alexander Road. 8. Fire hydrants shall be provided Y4%m the c ftopment in accordance with City standards. .... 9. The developer shall reconstruct the existing parking and loading areas with perimeter concrete curb&gutter and storm sewer in accordance with City standards. 10. The developer shall obtain MnDOT permit oval for the proposed grading within Highway 13 right-of-way. •.. 11. The development wot :,#,i ;ftt�y ;r;3; 8sh parks dedication in lieu of on-site ponding. Aye: 4 Nay: 0 (Councilmember Carlson was absent for th4 i3te) Councilmember Carlson returned at 9:05 p.m. r EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21,1999 PAGE 15 CONSIDERATION OF AlgSSMENT ISSUE,.-*'*** ECE AND JANE SWENSON City Administrator Hedges proved an overview Vii: tis item. Mike Swenson,1640 Four Oaks Roac�'saSQt#: t: ywould like to maintain their property as a single family residence;however,the special assessment interest and principal presents a significant tax burden. He mentioned the possibility of downzoning the property to Agricultural. Mayor Awada said that she was conVpmed about the abatement of the assessments and stated that she would prefer a deferral. She qi could be deferred. City Administrator Hedges noted that th(� ensons toitld split their lot and homestead the parcel with the house and the City Council could fter the aseftZments with interest on the larger parcel. City Attorney Sheldon said that the Ci h;.C,4,3��:f�►ti�d defe� gcial assessments on unimproved property under state law. Councilmember Carlson agreed with the lot split and stated that the historic home could be retained on the smaller parcel. Councilmember Blomquist expressed concern with the amount of interest to be deferred. She requested that a breakdown of the interest be provided to the Council explaining why it is so high. She said that as a member of the History Committee she would like the home to be preserved and did not have a problem i iOs:c(gferring the assessment. Mayor Awada added that she was not interested in waiving the amount. stated stated that the City should determine the value of the buildings. Councilmember Carl Smit:t#Yt S#�e-was willing to explore all the alternatives prior to making a decision. Councilmember Carlson moved,C�T;t1fdtli Zvlasin seconded a motion to discuss the abatement of special assessment interes �•fei*"'$eres of unplatted land and the deferment of special assessment principal for ten acres of uriptatted land located at 1640 Four Oaks Road(PID#10-00900-021- 31)at a future City Council work session. Aye: 5 Nay: 0 ORDINANCE AMENDMENTS-**CHAPTER 10-RABIES CONTROL,STORAGE OF JUNK VEHICLES,HOUSEHOLD FURNj$HINjQ&V..TC. CONSTRUCTION ACTIVITY NOISE REGULATIONS;TRESPASS;NOISfflx t ;•C SOUND SYSTEM AND CHAPTER 4- CONSTRUCTION'X.9fj- REGULATIONS City Administrator Hedges provided an OpWiew ort fts item. Karen Flood,1518 Lone Oak Road,referred to the ornce amendment regarding construction and equipment noise regulations and expressed concern about the noise from Lull Engineering. Acting Police Chief Swanson stated that the noise is acceptable if Lull is operating within the parameters of their Conditional Use Permit. City Administrator Hedges noted that the City received some complaints in the past about the noise that was coming from Lull. He noted that it may have resulted from the night shift operation that has now been concluded. Councilmember Carlson statett. #t.•( ikkpc}4 ected that language in the ordinance amendment pertaining to noisy parties:;iRWe: tQ44.%w :{ . Acting Police Chief Swanson said that providing a warning is general practice;however,if a situation warrants it immediate enforcement will occur absent a warning. Further discussion occurred and it NM determined that the ordinance ' amendment should be left as drafted. Councilmember Bakken moved,Councilmember Masin seconded a motion to approve Amendments to Chapter 10(Public Protections,Crimes and Offenses)of the City Code and to approve an Amendment to Chapter 4(Construction Licensing,Permits and Regulation). Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21,1999 PAGE 16 ORDINANCE AMENDMENT,tI*PTER SIX,DECRING THE NUMBER OF HAULER LICENSES :fids item. Communications/Recycling City Administrator Hedges provit q? v=4q:ik,k�: Coordinator Foote explained that a merger'ffe$: t #ietweeri two haulers. Councilmember Bakken expressed concern about the continual reduction of available hauler licenses and said that it makes it impossible for a new hauler to come into the City and offer competitive rates. He added that if reducing the number of licenses would result in a reduction of the number of trips per neighborhood he would be supportj**;i-fit►00CA' 0 41ded that the City should maintain the . policy of encouraging neighborhoods to paiticipa} iti}'J b'Itini-4q neighborhood organization of garbage and recycling service. He said that he was in suppaif of sev"enses for haulers. Councilmember Carlson concurred and added that she wanted t0.*1$5ure a freg-market. ArA' ? J C,'t$NDA FINAL SUBDIVISION-KIEFFER ADDITION City Administrator Hedges provided an overview on this item. Mayor Awada moved,Councitber Bakken seconded a motion to approve the final subdivision for the Kieffer Addition locatei#;SQ ;:of Elrene Road and west of Dodd Road located in the NE 1/4 of Section 24. Aye: 5 Nay: 0 CITY CONTRA? 99-1.3,;ST :' #�-$ELL ROAD (TH 13 TO KENNEBEG;.... KM RECONSTRUCTION) City Engineer Matthys providit an overview on this item. Mayor Awada moved,Councilmember Bakken seconded a motion to approve the request for extended operating hours for Ace Blacktop,Inc.,from 6:00 a.m.to 9:00 p.m.,Monday through Friday, except for legal holidays,until October 15.,1999. Aye:::5 Nay 0 Jeff Gregory,1322 Deercliff Lane,comm6W on the:A#essment to Mr.Bosiacki on Rocky Lane. He also commented on the voting patterns of Co u $membdi takken and Carlson. He said that Councilmembers Blomquist and Masin appear to fie outcasts Me asked why the City spent seven million dollars to construct Cascade Bay without holding a public hearing. Mayor Awada responded that many public meetings were held with regard to Cascade Bay and said that the information on when the meetings were held could be provided to Mr.Gregory. Councilmember Carlson asked if there was a legal cause forN.�blic hearing to be held. City Attorney Sheldon said that he was not aware of any. Councilmembei;%.'"en suggested that Mr.Gregory check the minutes and agendas at the Wesco. •f 7Ct ort. iw on when the public meetings were held. Mayor Awada requested that Mr.Greer. �$?ec !f14Oew councilmembers who were not even on the Council when Cascade Bay was approved. ADJOURNMENT::' The meeting adjourned at 10:10 p.m. MLK EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 21,1999 PAGE 17 Date City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(651)681-4600,('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..t ;; t+r,;en2et,�gl� i¢n; ational origin,sex,disability,age,sexual orientation,marital status or status with re E6 ' ` "" ....?n : r 5� MEMO - city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 1, 1999 SUBJECT: AGENDA INFORMATION FOR OCTOBER 5, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the October 5, 1999 City Council agenda, the minutes of the September 21, 1999 regular City Council meeting and the minutes of the September 14, 1999 special City Council meetings, the following items are in order for consideration. Agenda Information Memo October 5, 1999 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS A. CONVENTION & VISITORS BUREAU 1999-00 MARKETING PLAN AND BUDGET ACTION TO BE CONSIDERED: To approve the 1999-00 Marketing Plan and Budget for the Eagan Convention &Visitors Bureau. FACTS: • The by-laws of the Eagan Convention&Visitors Bureau require City Council approval of the operating budget. • Staff has reviewed the revenue projections and feels they are reasonable. • Ann Carlon, Executive Director of the CVB, will be present at Tuesday's Council meeting to discuss the proposed budget and marketing plan. ATTACHMENTS: • Budget document and marketing plan enclosed without page number. Agenda Information Memo October 5, 1999 B. PROJECT 785, SIDEWALK& TRAIL IMPROVEMENTS CITY-WIDE ACTION TO BE CONSIDERED: To receive the petitions and authorize the preparation of a feasibility report for Project 785 (City-Wide Sidewalk and Trail Improvements). FACTS • On April 6, 1999, the mayor received signatures representing 21 properties in the Lexington Pointe area requesting the installation of a sidewalk along the east side of Lexington Avenue (County Road 43),between Lexington Parkway and Wilderness Run Road. • On August 16, the Advisory Parks Commission considered the placement of a trail along the east side of Lexington Avenue. The Commission voted to have background information, mapping and engineering data,provided before further consideration of the petition. • On September 20, city staff received signatures representing 61 properties in the Oak Cliff and Whispering Woods neighborhoods requesting the installation of a sidewalk along Cliff Road(County Road 32)between Slater Road and Nichols Road. • City staff is in the process of reviewing the City's trail system adjacent to Collector streets for missing sections of trail or sidewalk. The policy of the Transportation Plan element of the City's Comprehensive Guide Plan includes placement of sidewalks/trails along major roadways. • Due to the significant number of signatures on the petitions and the City's policy regarding sidewalk/trail placement, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing the construction of sidewalk/trail improvements. • All of the trail and sidewalk sections that staff is proposing to include within the feasibility report would not be assessable, as the segments are along various collector type streets. The funding for these improvements would be provided by the Major Street Fund and Dakota County(45% City, 55% County along County Roads). ATTACHMENTS: • Lexington Avenue Letter&Petition,pa es 41- and • Cliff Road Letter&Petition,pages through // Susan Gauer 4338 Sean Court Eagan, MN 55123 March 5, 1999 Mayor Patricia Awada Eagan City Hall 3830 Pilot Knob Road Eagan,MN 55122-1897 Dear Mayor Awada, Thank you for providing us with so many excellent amenities to enjoy. The residents of Walnut Ridge are enjoying a wonderful development and all the benefits the city provides. One of the great benefits of this neighborhood is the close proximity to Walnut Ridge Park. However, this benefit brings about several concerns. In order for the residents of Walnut Ridge to go to the park, we must cross over Lexington Avenue to the West Side of the street, walk down a block to the park"entrance" and cross back over Lexington Ave. The extra distance is a small inconvenience. The risk in crossing the street is very large. The speed limit on Lexington Ave. is 50 miles per hour. The cross section of Lexington Ave. and Lexington Point Parkway(our development thoroughfare) is at the top of a steep hill. This makes it difficult for anyone to know exactly when a car is coming. Every time I cross that intersection, I run. It is a very dangerous destination. We would like to see a sidewalk constructed on the East Side of Lexington Point Parkway down the hill to Wilderness Run Road before someone is seriously injured. I understand a sidewalk is included in the "Master Plan"of Eagan development. Please include this sidewalk in the 1999 scheduled construction. Please make this a priority in your budgeting process and let us enjoy the amenities of Eagan safely. k PETITION REQUESTING SIDEWALK CONSTUCTION ALONG LEXINGTON PARKWAY SOUTH OF LEXINGTON POINT PARKWAY TO WILDERNESS RUN ROAD RESIDENTS OF WALNUT RIDGE HOUSING ASSOCIATION: r 1 4tD C� %Jce a d'7d 6 Ste( r a �1 C/ a J amP �n44 we, 3 SQ, C+ �^ ,SN KN-PPINL , Moll,, c 1-r r .��✓�d 9�ao�q 9 /l '�a�i� R E CE_ ':f Cyd IL Ri cElligott 4781 White Oak Court Eagan, MN 55122 City of Eagan Eagan, MN 55123 To Whom It May Concern: On behalf of the Oak Cliff Development and Whispering Woods neighborhoods, I am submitting the attached petition for a sidewalk along Cliff Road. We feel because of the increased traffic flow due to the opening of Slater Road to Burnville Parkway,this intersection has become highly dangerous to pedestrians. Cliff Road stretching to Nicols Road is void of a sidewalk, except over the bridge. The need for a sidewalk here is evident by the path that is already worn by pedestrians and bicyclists. With the added businesses in Eagan that draw our adolescents and youths, a sidewalk is needed for their protection. It is frightening to parents to allow their children to ride their bikes or walk to the new Regal 16 movie theater. Many adults like to walk to Caribou Coffee and Brueggers Bagels to enjoy a snack, and even they scared of the traffic in this area. It would be nice to have the security of a sidewalk. We are an area that is totally cutoff from the rest of the City of Eagan by a major highway. We have no other safe way to cross this area on back roads or side streets. I'm sure the City of Eagan does not want to see a fatality here any more than us residents. We would appreciate the city looking into constructing a sidewalk. Please notify me of the information that the city has obtained. Sincerely, Ria cElligott FOR CITY USE ONLY DATE RECEIVED city of eagan DATE PRESENTED TO COUNCIL APPROVED ❑ DENIED ❑ PETITION SIDEWALK INSTALLATION I e,,t der ign d, ereb p titi n th City o ncil of the City_ f Eagan o install sid walk along: f a rcG�r � 'i�► �Zl�e ►c c� s Io I/We support this request with the following reasons:1. V C, to P t�WUJWn d�-� �fi�r e6aj 2. GAIK4 �WAtSq& `� u VNAJ 43 - 3. du- o As w4 Wt� I ar� u � k 4. 'fk�s A&Pi OuS 'Al' S>0-'�c�K. I/We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled for formal action so that we may appear in person to support this request, if we so choose. %IZIWRINTMITI A L ADDR Dr U 2. % 3. 4. 5. �.LO�tX 6. 7 v � 417fl Lv 5p�'�rvl T✓. aa(aS c�h;s . r`n� �'• -77,-� Y� �` 077 w� d"t t Tia A 2 2 s q- ` gAvFLas TA .-bp-lls� CL LOD 2207 Mail ijr')4-)fl Pte' S- ac ac 3 ego ��- ��✓h e s THF if 730 k/A to Oak �f V3- C-t lE Ql�)+4 L 1(6so 1:�F.SOctS DSS cl�t �l' q%� 7 fDr M Kd4i-,c( er,c k,5, w7o Get v ('Lf f 'AWA 1 c,- Lag Dai 0. is Nui o-FtAkQ� 0-)lo9 114-Lm M GLt�p c9( x}-74 -v r - - C�h(Y1►� gbvi -Z 7(0Z &Y,(%f OAK 40 kp 14 Jl-,-Ljrv6 k-� AA e1761 tLAYE- 0.4,,k t-� z-:aav & ue AW)& ((72W) �r- EAGA� M aY l ch ►� u'�r -�--) 2 x s 9 Jam., St. �91 W�3e 04 (1 o 4f,/ ►nU.e �}f1nl sor✓�� c� j1j,,kr S7 X79 174 guy /S s 1 m ;1 t-7 Ej 6 W -1 l P t,4 ak r 5 Q,dr,), M),) 55 ��-r��5or✓ y -7 L42, UA-#IT-r- OA /c- CT S �� •.,��I C/7 1-3Q n n e Y�3 9 Qar� Zar��' `'fit (� e O'L Ct' Nc� L -7 Z 1 C> G�47, ��Ec,�c as ► Mcho r�- w Lys S f7J4 JU edt o �l,�yy k�vs ao25� a y r {�SI- 5064✓ 5p Sf} I,�r ,�q l �( WOAK,ST C,A� �/ i(�C� tom' � 64 - ZF-- NP S-i�7tT `x153 9--) :5q ' � � �-llec� 3vYs! Gc�-►c�s-b Q + czn � �►`1' oS U1 by 3��r u�� S 'C-O�SaVA rJrJ Vv �t-5T1�m aaSO ��xn5 Coy►2rGF}�� " A a JLs J cr,cc. L. S�crsb�, aa3l ..�Gm�s S� • 6G p—*- /D pdrt*&o- 3lP ��e5 S4 . E� N.�IWI& 222 games . JCIun, M/l �,� • /,0,7 c c - ,0lvqfG"► 1S14XV,,' 01 ,t sT f-A6q,4 m�J Agenda Information Memo October 5, 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. Building Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as a building inspector. FACTS: • Interviews for this position were held on Wednesday, September 29, 1999. • References are currently being checked on the leading candidate. • It is expected that a name will be available either on Monday with the Administrative Agenda or at the Council meeting on Tuesday. Item 2. Seasonal Recreation Leader Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Jason Storland as a seasonal recreation leader assistant. Item 3. Seasonal Park Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Kimberly Dyer as a seasonal park maintenance worker. Item 4. Seasonal Concessions Worker/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Lindsay Nelsen as a seasonal concessions worker for the civic arena. Item 5. Civic Arena Supervisor-- ACTION TO BE CONSIDERED: To approve the hiring of Torey Flategraff and Kristen Kraft as seasonal civic arena supervisors. lC�- Agenda Information Memo October 5, 1999 Eagan City Council Meeting Item 6. Temporary Part-time High School Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Delana Jangula as a part-time temporary high school intern in the Parks &Recreation Division. 1-3 Agenda Information Memo October 5, 1999 Eagan City Council Meeting B. REQUEST FOR PUBLIC HEARING CERTIFICATION OF DELINQUENT UTILITIES - NOVEMBER 1. 1999 ACTION TO BE CONSIDERED: To schedule a public hearing for November 1, 1999 to consider certification of delinquent utility balances to Dakota County for collection with property taxes. FACTS: • On a semi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. • The City currently has 359 delinquent accounts in the amount of$53,172.19. Additional information will be provided at the time of the public hearing. Agenda Information Memo October 5, 1999 Eagan City Council Meeting C. PROCLAMATION, PROCLAIMING OCTOBER 17-23, 1999 AS THE GREAT CITY HALL TUNE-IN ACTION TO BE CONSIDERED: To approve a proclamation proclaiming October 17-23, 1999 as The Great City Hall Tune-In. FACTS: • Due to the increasing prevalence of the Government Access Channel, City Cable 16, individuals are able to watch televised meetings from the comfort of their own home. • Those individuals who monitor these televised meetings can better identify issues which require their active participation as citizens and as voters. • The Burnsville/Eagan Telecommunications Commission is endorsing The Great City Hall Tune-In and is funding the ad campaign to promote awareness of televised government meetings. • October 17-23 is being proclaimed as The Great City Hall Tune-In to promote awareness of televised City Council, Advisory Planning Commission, Advisory Parks Commission, Airport Relations Commission, Economic Development Commission and Burnsville/Eagan Telecommunications Commission meetings on City Cable 16. ATTACHMENTS: • Proclamation enclosed on pages rgh /T CITY OF EAGAN PROCLAMATION The Great City Hall Tune-In October 17 - 23, 1999 WHEREAS, the Town Hall meeting was once considered a vital thread woven into the fabric of our daily lives, despite the relative lack of mass communications tools and the often grueling work day; and WHEREAS, many communities have since grown into bustling metropolises which serve many more citizens, and our means of communication and transportation to distant places have improved over the last century; and WHEREAS, such changes in society have resulted in changes in our priorities and expectations for the average day, pushing the Town Hall meeting aside in its perceived importance to our daily lives, and ironically making us more isolated; and WHEREAS, the increasing prevalence of the Government Access Channel, City Cable 16, can enable citizens to attend the modem equivalent of the Town Hall meeting without leaving the comfort of their own homes or taking time away from vital family responsibilities; and WHEREAS, those who monitor these televised meetings can better identify issues which require their active participation as citizens and as voters; and WHEREAS, better informed voters and citizens can make a difference to the benefit of their communities; and WHEREAS, if more citizens were aware of the ready availability of these meetings for viewing on local Cable, and of the potential impact these meeting have on their daily lives, more of them might "tune-in" to watch and might do so more frequently; NOW, THEREFORE, BE IT RESOLVED that the week of October 17 -23, 1999 is hereby proclaimed as The Great City Hall Tune-In within the City of Eagan and all citizens are hereby called upon to promote awareness of our televised City Council meetings, and the City's other televised commission meetings including the Planning, Parks and Natural Resources, Airport Relations,Economic Development and the Telecommunications Commissions meetings on City Cable 16 and to "tune-in" to these meetings throughout the week and throughout the year. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Motion made by: Its Clerk 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 5t' day of October, 1999. /0/ E. J. VanOverbeke, City Clerk Agenda Information Memo October 5, 1999 Eagan City Council D. EXTENSION FOR RECORDING FINAL PLAT (WALDEN HEIGHTS 2ND ADDITION)—PARKBROOK PROPERTIES, INC. ACTION TO BE CONSIDERED: To approve a one-year extension for recording the final plat for Walden Heights 2nd Addition, consisting of 17 lots on 8.36 acres located between south of Walden Drive and west of Richard Lane in the NE '/4 of Section 33. FACTS: • On October 20, 1998, the City Council approved the Final Subdivision. • This site is dependent upon the extension of streets and utilities within the Pinetree Pass development. The Pinetree Pass development is still under construction and the streets and utilities are not yet available for connection and use by this development. It is anticipated that they will be available within the next year. • A letter from the applicant is attached. ATTACHMENTS: Letter from Parkbrook Properties, Inc.,page PARKBROOK PROPERTIES, INC. 50 Groveland Terrace Suite B Minneapolis, MN 55416 612-377-0191 phone 612-377-0194 fax Pam Dudziak Planning Department City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122-1897 Dear Pam, We request that you extend the preliminary plat for the Walden Heights 2"a Addition, Case #33-PS-10-08-98 for one year. We ask this because the utilitiies are not yet available to the site. We would expect them to be available within the next year. Sincerely, omas L. GonY ea President Parkbrook Properties, Inc. Agenda Information Memo October 5, 1999 Eagan City Council E. FINAL SUBDIVISIONADER (N ADDITION)— NADER NOORYSHOKRY ACTION TO BE CONSIDERED: • To approve a Final Subdivision to create three lots and on 1.56 acres located at the corner of Highview Avenue and Bridgeview Terrace in the southwest 1/4 of Section 4, subject to the conditions listed in the APC minutes. FACTS: • The approved the preliminary subdivision on March 16, 1999. The final plat is consistent with the preliminary subdivision. • All documents are anticipated to be signed and in order for execution at the regular City Council meeting on October 5, 1999. ATTACHMENTS: Final Plat page i till 1 �x �F — — — —— — — — — — — — — - I 8 —•-i---g- - - -- - — _ f 't iii I� ye � ,_ w �- .-- .�i� I I "�� • gyp N011d3DX3 p . I I �� s�� ,y i 1 Ni f-- « 11 I =_ I - ?"\tbr: ,< ': '� it •..' 3 fS LLJ31i OEM ♦° RSR IW t_ _rx xal�ai – c�2 0 Agenda Information Memo October 5, 1999 Eagan City Council Meeting F. Change Order#5, Fire Administration Building ACTION TO BE CONSIDERED: To approve Change Order No. 5 in the amount of$2,420.00. FACTS: This change order consists of two separate change directives to Parkos Construction. • Add for placing, spreading and grading black dirt topsoil across the site. $1,320.00 • Add for black dirt materials to balance the site. $1,100.00 Total Change Order#5 2 420.00 CONCERNS: None. The Fire Administration building remains within the budget set by the City Council. A final punch list and adjustments are being prepared and the final amounts will be submitted some time thereafter. ATTACHMENTS: • None. Agenda Information Memo October 5, 1999 Eagan City Council Meeting G. APPROVE OFF-SALE BEER LICENSE FOR KWIK TRIP INC DBA KWIK TRIP#662 LOCATED AT 3145 DODD ROAD ACTION TO BE CONSIDERED: Approve off-sale beer license for Kwik Trip, Inc. dba Kwik Trip #662 located at 3145 Dodd Road. FACTS: • Kwik Trip, Inc. has applied for an off-sale beer license with the City of Eagan. Kwik Trip, Inc. is opening a new store at 3145 Dodd Road on October 12. The applicant has submitted the required documents, which have been reviewed and deemed in order by City staff. • The police have conducted an investigation on the owners of Kwik Trip, Inc. and they do not find any reason to deny the applicant the off-sale beer license. ATTACHMENTS: • License application attached without page number. Agenda Information Memo October 5, 1999 Eagan City Council Meeting H. EXTENSION FOR RECORDING FINAL SUBDIVISION GOPHER RESOURCE CORPORATION FOR GOPHER-EAGAN INDUSTRIAL PARK 6TH ADDITION ACTION TO BE CONSIDERED: To approve a 90 day extension of the recording requirement for the Gopher-Eagan Industrial Park 6"'Addition(located north of Yankee Doodle Road and west of T.H. 149 within the SW 1/4 of Section 12. FACTS: ➢ The Gopher-Eagan Industrial Park 6th Addition was approved by Council action on July 20, 1999. Such approval established a subdivision recording deadline of September 20, 1999. ➢ According to the applicant, the requested extension is necessary to resolve some easement and property boundary issues found during the title search. )0- The requested 90 day recording extension would establish a recording deadline of December 20, 1999. ATTACHMENTS: (1) ➢ Richard L. Licht correspondence dated 9/28/99, page o .3 612 424 5e22 Sent By: LOUCKS 8 ASSOCIATES, INC. ; 612 424 5822; Sep-28-99 4:35PM; Page 2/2 r,_ANN N(-, v��cs f I\lI FN(�NFfF/1Nf1 Q' �J'fffQClsY�. ��flL DRi H 1F'.F�1^.. Scpternber 28, 1999 Mr.Mike Ridley City of Fagan 3830 Pilot Knob Road ligan, Minnesota 5512-1-1897 Re: Final plat approval for GOPHER EAGAN INDUSTRIAL PARK 6TH AllDITION Tear Mr. Ridley, On behalf of Gopher Resource Corporation,we are requesting an extension of the plat approval that the City Council formally approved on.Tilly 20, 1999. The filing of this plat has been delayed due to easement and property boundary issues found during the title search. The plat is being submitted to the Dakota County surveyor tomorrow. (September 29, 1999) Upon completion of the Dakota County plat checking,we will promptly submit items 1- 6 described in your letter dated July 21, 1999. If you have any questions, please feel free to contact me. Richard L. Licht I,.S. T_,and Surveyor >✓ I.ui Cw;R 155�iY7nTF ti, N( . TL(X)HT:Mlo,k Ln.VI.. Sl IIL: 3rxJ . \9,M'LL iilu.)vL. MINNt:aJl,�:;:i(i1)-�;f)" . IF.1: (fi1311"!4-::d)` .t•n>;: if,ldl •l�1.4-3t1>� r read: ]Huck.�u.+rnlnn.ru•t.\,'r•t>t)a};r: I)tt(.).{/w\\wl.rwnll.tlrli-I�iuCkS! . t'nta. I<. ]ic'.I-u:n\. & Snnl . rifJ1� f.nNILL A1�.\UL E.\s: . (svL):l:l::.nor k-1Lv�.11:., (�11\NI vnn �;f)7(i • !r-I i(il;!)1.�7•afi4; • I"\rtIlil?1 l-7-N(i1a a� Agenda Information Memo October 5, 1999 Eagan City Council Meeting I. FINAL PLANNED DEVELOPMENT (RIVERPARK OFFICE CENTER)— BLUE CROSS BLUE SHIELD ACTION TO BE CONSIDERED: To approve a Final Planned Development to allow a 138,660 square foot office building (Phase I) upon a 52.3 acre site located at 3400 Yankee Drive, west of Highway 13 and south of Yankee Doodle Road within the south '/2 of Section 8 and the north '/z of Section 17. FACTS: ➢ Originally approved in 1995, the RiverPark Office Center Preliminary Planned Development consists of four 100,000 square foot office buildings and associated parking. Due to changing business conditions, the first phase of the development was delayed. ➢ The applicant is now prepared to begin Phase I construction of the first building with occupancy estimated next fall. As part of the company's refinement of their needs, the development site has been reconfigured to create more of a campus feel although the ultimate amount of development and subsequent parking remains consistent with the plans approved in 1995. ➢ At the September 7, 1999 City Council meeting, the Council confirmed that the proposed reconfiguration was consistent with the Preliminary Planned Development. ➢ The density and scale of the project remain the same as that originally approved with the only substantive change being that the proof of parking area(parking to be provided if the need arises)has been shifted from the rear of the site to structured parking. ISSUES: ➢ The approved Final Planned Development shall be subject to the following conditions: 1. Final Subdivision of the property. 2. The execution of a Final Subdivision development agreement(including the posting of all financial guarantees required) and a Final Planned Development Agreement. ATTACHMENTS (2) Site/Landscape Plan,page . Building Elevations,page . a6 4A AJOTMN EN WQ� AK *,Wio .AWIWWI�mw F c gy 4 ?} Int !is Ili cc oi m2 chi a� E CC�� I I I I III i ( I I I i I I ;i I _ I L R� I II I 'III I Q-- III LAI LA Al F L,lil �—� ! iI sl II �_ I RI hIII w III • t IIID �� V I li 1, I IIII I U II II ILII, � III II. t.`: ifi III �h�i4 PIT 4F -It 3i I� L � I V • II I Agenda Information Memo October 5, 1999 Eagan City Council Meeting J. REQUEST FOR PUBLIC HEARING, CERTIFICATION OF DELINQUENT FALSE ALARM BILLS—NOVEMBER 1. 1999 ACTION TO BE CONSIDERED: To set a public hearing for November 1, 1999 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: • On a semi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. • The City currently has 16 delinquent accounts in the amount of$2805. Additional information will be provided at the time of the public hearing. a9 Agenda Information Memo October 5, 1999 Eagan City Council Meeting K. SERVICE STATION AND TOBACCO LICENSE HOLIDAY STATIONSTORES #318.LOCATED AT 3044 HOLIDAY LANE ACTION TO BE CONSIDERED: To approve a service station and tobacco license for Holiday Stationstores #318 located at 3044 Holiday Lane. FACTS: • The City is in receipt of a service station and tobacco license application from Holiday Stationstores #318 for the above referenced location. The applications have been reviewed by staff and are in order for consideration by the City Council. ATTACHMENTS: • Applications enclosed without page number. ,30 Agenda Information Memo October 5, 1999 Eagan City Council Meeting L. TREE CONTRACTOR LICENSE FOR VALLEY TREE SERVICE ACTION TO BE CONSIDERED: To approve the tree contractor license for Valley Tree Service. 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. ATTACHMENTS: • Application enclosed without page number. 3/ Agenda Information Memo October 5, 1999 �L�c HEARIi�i�s, A. PROJECT 752,JOHNNY CAKE RIDGE ROAD FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and app ove the final assessment roll for Project 752 (Johnny Cake Ridge Road — Street Overlay) an I authorize its certification to Dakota County for collection. FACTS: • Project 752 provided for the bituminous overlay of Johnny Cake Ridge Road between Cliff Road(County Road 32) and Diffley Road(County Road 30), as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 7, 1999, with a public hearing being scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final aisessments are approximately 45% less than the estimate contained in the Feasibility Report presented at the Public Hearing held on December 15, 1998. • All notices have been published in the legal newspaper and sent to all of cted property owners informing them of this public hearing. In addition, an informational m ting was held September 27, to address all property owners' questions or concerns and provide any additional information of interest. Of the 29 parcels (R-1, R-2, R-3, & Public acility) being assessed, no one attended the meeting and no objections have been received to late. ATTACHMENTS: • Final Assessment Summary,page _. 22 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 752 ASSESSMENT- October 5. 1999 NAME- Johnny Cake Ridge Road IMPROVEMENT- December 15, 1998 Mill and Overlav 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 0 Surfacing Single $175.81 305 /Lot ❑ Service Townhouse $131.86 228 /Unit Public Facility $8.32 $16.35 /f.f. ❑ Lat.Benefit/trunk ❑ Multi.Equiv. ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water&San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $19.000 F.R. $158,650 F.R. 99-01 29 5 Year 6.5% 10 464.76 $98,011.10 COMMENTS: 2-3 Agenda Information Memo October 5, 1999 B. PROJECT 753,THOMAS LAKE ROAD FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 753 (Thomas Lake Road — Street Overlay) and authorize its certification to Dakota County for collection. FACTS: • Project 753 provided for the bituminous overlay of Thomas Lake Road, betw n Cliff Road (County Road 32) and Diffley Road (County Road 30), as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 7 1999, with a public hearing being scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final as sessments are approximately 54% less than the estimate contained in the Feasibility Report p esented at the Public Hearing held on February 2, 1999. • All notices have been published in the legal newspaper and sent to all aff ted property owners informing them of this public hearing. In addition, an informational me4 ting was held September 28 to address all property owners' questions or concerns and provide any additional information of interest. Of the 233 parcels (R-1, R-3, R-4, Publ c Facility, & Commercial) being assessed, no one attended the meeting and no objectio s have been received to date. ATTACHMENTS: • Final Assessment Summary,page . FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 753 ASSESSMENT- October 5, 1999 NAME- Thomas Lake Road IMPROVEMENT- Febuary 2, 1999 Mill and Overlay 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/bunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Surfacing Single Family $3.50 $7.53 /f.f. ❑ Service Townhouse $2.62 $5.64(l) /f.f. Multi-Family $7.22 $15.53 /f.f, ❑ Lat. Benefit/trunk Public Facility. $7.22 $15.53 /f.f. Commercial $9.63 $20.73 /f.f. ❑ WAC ❑ ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water&San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $70,555F.R. $214,195 F.R. 99-01 233 5 Year 6.5% $32,315.96 $109,528.65 COMMENTS: (1)$5.64 rate not quoted in the feasibility study. It is 75%of the single-family rate of$7.53. Agenda Information Memo October 5, 1999 C. PROJECT 756 MALLARD PARK 3an TIBERON & WOODGA E 3" FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and appy ve the final assessment roll for Project 756 (Mallard Park P, Tiberon 1St, and Woodgate 3 d Additions — Street Overlay) and authorize its certification to Dakota County for collection. FACTS: • Project 756 provided for the bituminous overlay of Woodgate Lane, Wo dgate Court, Woodgate Point, Mallard Court,Nestling Circle, and Teal Cove, west of Johnny Cake Ridge Road and north of Cliff Road (County Road 32), as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 7, 1999, with a public hearing being scheduled for October 5 to formally present the final c is associated with this public improvement to the affected benefiting properties. The final essments are approximately 34% less than the estimate contained in the Feasibility Report p sented at the Public Hearing held on February 2, 1999. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational me ting was held September 27, to address all property owners' questions or concerns and provide any additional information of interest. Of the 135 parcels (R-1 & R-3) being assessed, no one attended the meeting and no objections have been received to date. ATTACHMENTS: Final Assessment Summary,page . ��j FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 756 ASSESSMENT- October 5, 1999 NAME- Mallard Park 3rd Tiberon 1st&Wood atg� e 3rd IMPROVEMENT- February 2, 1999 Mill and Overlay 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 H Surfacing Single Family $233.93 352 /Lot Ea. ❑ Service Townhouse $174.45 264 /Lot Ea. ❑ Lat.Benefit/trunk Multi. Equiv. ❑ WAC ❑ CA Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water&San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $38,915 F.R. $93.590 F.R. 99-01 135 5 Year 6.5% $25,751.51 $42,548.70 COMMENTS: 37 Agenda Information Memo October 5, 1999 D. EAGAN ROYALE EASEMENT VACATION ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of a portion of a public drainage and utility easement within Lot 13, Block 3, Eagan Royale, and, upon approval, authorize the Mayor and City Clerk to execute all related documents. FACTS: • City staff received a request from Ron Johnson, 2030 Royale Drive, to vacate a portion of a public drainage and utility easement within Lot 13, Block 3, Eagan Royale. Mr. Johnson is planning to construct a swimming pool in his backyard at this location. • On September 7, 1999, the City Council received the petition and set a public hearing for October 5, 1999, to consider vacating said portion of the drainage and utility a ement. • The purpose of the request is to allow Mr. Johnson to construct a new swimn ing pool. The confi ation of the proposed pool would encroach upon the existing drainage and utility easement. The portion of the easement proposed to be vacated is above the 00-year flood elevation of the adjacent ponding area,Pond AP-33. • The request would vacate the portion of the easement needed to construct the new pool. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map,page • Proposed Easement Vacation,page. 39 i I JADE LANE I L�J 17 k • �V r$U cam' GtpvO = KATINtYII (A nRc LN. + ct. ROAD _ (jOO. RD. 30 ) DIFFLEYrCEDA6R CORAL IPMUNK CT. W Lu Tim ' BADGER �t J METCALF ) t w V � 4° AK � a CDVE � h �i Q BACK N SHALE IANE LN G� C� LN. iCK ERIN DR. CUFFM LL BCH I�w (V CLIFF $ LAKE RD. RDLi-to ( CO. RD. 32 ) m CUFF ROAD I i 99 WUT CUFF RD. LIFF NOKIA NOKIA � WAY 3 RAHN WAY CT. GALCT. Y O 3 o ! NANCY CIR. Jy PIN OAK DR. 1 O C RNUM �36E N DR. ` 1 VINGTON ' ACR � � �\� /J ; LN. �/ WIND Q �j,� � LANE m 01 +++ // �' TR. 7�61R�' "SSA eV' iJAMES R C 31 KINGS RD. COVINGTON� a 32 ' PARK g i i Q rr p �l, YW D RD. � of 1 Y AVE. J i LEBANON NA%U-S r,\Otk - G APPLE VALLEY LOCATION G:VAGTONS/LP_ROYN.E WORKS Lot 13, Block 3, Eagan Royale DEPARTMENT Easement Vacation Fig. 1 City of Eagan Location Map 1.&)UA11UN tlAVL NUI* lJtt,1*4 kitilL) VLA11"Iti1) AZ:) OF AUGUST 27TH, 1999. ROYALE— DRIVE S89048'46"E -271 88 12 -2 a 57.00 59.22 46" 75 EXI r-ITING HOUS DECK PATIO 5 5 N1-1 A fA . cv Z—c*4 5 0 OX cv .0 cv cy; r 8 C-4 9 88.33 989.30 AREA TO BE VACATED as•a,y:•;;� LOT 1Ef- 987.7o �RAZt1A NZ PFR PLA /� H.W.L. 985.3 Pond AP-33 •' � 1;��o p"W qD Agenda Information Memo October 5, 1999 E. LEXINGTON POINTE 12TH ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of a public ponding easement within Outlot A, (Document No. 860179), and, upon approval, authorize the Mayor and City Clerk to execute all related documents. FACTS: • City staff received a request from Brad Swenson, TriLand Companies, to v tate a public ponding easement within Outlot A, Lexington Pointe 12th Addition. Mr. Swenson is dedicating the required ponding area as part of the plat of Lexington Pointe l4tb Addition. • On September 7, 1999, the City Council received the petition and set a public hearing for October 5, 1999,to vacate said ponding easement. • The purpose of the request is merely housekeeping to avoid any underlying east merits. • The request would vacate the existing ponding easement recorded by separate document and replace it with an identical easement recorded on the plat of Lexington Pointe 14th Addition. The City Council approved the final plat with said easement on September 21. • This vacation request has been reviewed by the Engineering Division and and to be in order for favorable Council action. ATTACHMENTS: Li • Location map,page if a-- . • Proposed Easement Vacation,page3 1 Q t0RWW4E dUFF UN W. � Ry � � �° MLL RID PA Eupy DGE NORTWEW 0002 CARTHY N 2 NOISFF HILLS $ DR. NORTHVIEW i BERRY PATH PARK ' � �! c! PARK 2 r 9P r 45 PATRICK NORTW EAGAN PARK .x. 196 RLE 1.S.D. S 73 74 Q eq�.to (Co. RD. 30) DWFLEY ROAD DIFFLEY ROAD �'C 6s W A CT. QUI LEY LEXINGTON DIFFLEY$ II YORI wN PL. LAK ATHLETIC AGILITY O CT 'N I 3 ARL ON 42 9 CT c LAKE ty6 MORE DR.'c I.7 PARK r CARLSO LAKE > 0 aU 0 GOAT c� � LAKE3 I PARK OQ` ANZ UNAQUARIUS LN 1 1 WALN PAR °a FARM E 4. � PARK OAK 1CHASE 2PARK �� '"�5e_ �° 48 PLS ESS ey 28 NO LN. 0* _.veFF R O s9D 0 C1 �Q �Q HOLLAND McDONOUGM PARKVIEW LAKE LOCATION LAKE GOLF COURSE � RD. Q O GEORGE `EgPNON H\LAS RE��aNA` scHULrz PPRK OHMANN ^� LAKE G:\VACA1IONS\LP120UTA.DWG L TON POINTE 12TH ADDITION, OUTLOT A Figure EASEMENT VACATION `;�5City of Eagan QJ LOCATION MAP Z a N Z H � „ p WO `« OW N J as 8'= E $ _r F NNo �a �� i € �o H�N� w uj A Y 2o p y N O F a n I 2 Ww W ii Qui Q� s� rn ffw I �' i� rz 3NVl b.qM,i_]7iM � Z LT I riUiJfi;r, SIL — J�■'•.. saimw >sin cCAcr Co / �,�.� v7 • avn wgRalGiv�u •a�od npu o / } i Iib / _ // Kw 7Aix Mt- /� I 'sm.Y ,,,also,/ / 5 x i i II 0 ,- � W air yr C e ( OyacK ° C x M Jr i Q apCL � I - > LO lol s'� N _ LL LL W :F- 0D c, -- - Cr IZI$ acss''�.z•-alc.ro.00s I . Ia& I_ NOIiIGGV H1N3A3-13 31NIOd N019NIX3-1 I I _ 7 w cz I Ow CL L G Z O F— r� z x w J O X � W � �J 1 Ll 3 l 0 Agenda Information Memo October 5, 1999 Eagan City Council Meeting F. VARIANCE (3661 Ashbury Rd)Thomas A. Bane ACTION TO BE CONSIDERED: • To approve a4.5 percent Variance to the maximum 20 percent building lot coverage allowed in residential districts for Lot 1,Block 2 Blackhawk Glen I'Addition. FACTS: • The subject property was platted with the Blackhawk Glenn Addition and is part of an unexecuted Planned Development. The PD allowed for lot sizes smaller than the 12,000 square foot standard, including the subject lot,which has a total gross area of 10,192 square feet. • The applicant is proposing to construct a 192 square foot addition at the reaj of the home. The proposed addition would bring the total building lot coverage t approximately 24.5%of the total lot area. • The applicant has stated that his family is in need of additional space and th substandard lot size is limiting his ability to expand his home and add value to his property. ATTACHMENTS: • Staff report, pages 7 through�. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 21, 1999 CASE: 16-VA-16-09-99 APPLICANT: Thomas A. Bane HEARING DATE: October 5, 1999 PROPERTY OWNER: Thomas A. Bane PREPARED BY: Erik Slettedahl REQUEST: Variance LOCATION: 3661 Ashbury Rd. COMPREHENSIVE PLAN: D-I Single Family Residential (0-3 units/acre) ZONING: R-1 (Single Family Residential)/PD (Planned Development) SUMMARY OF REQUEST The applicant is requesting a 4.5 percent Variance to the 20 percent maximum allowable building lot coverage in a residential zoning district for Lot 1, Block 2 Blackhawk Glen V Addition (PID# 10-14350-010-02) in the SW '/4 of Section 16. 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. CODE REQUIREMENTS The subject property is part of Blackhawk Glenn Addition that received rezoning to R-l/PD in 1985. However, it appears that no PD agreement was executed and no performance standards ql_� exist. Therefore, the applicable standards are those for the corresponding zoning district, in this case, R-1 Single Family. City Code Section 11.20, Subd. 6, F. requires that all buildings including accessory buildings together shall not cover more than 20 percent of the site area for residential zoned property. City Code Section 11.2, Subd. 3, states that no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this Chapter without a Variance. BACKGROUNDMISTORY Blackhawk Glenn is a single family residential subdivision platted in 1985. As part of the plat and rezoning approval, a significant number of the lots within the Blackhawk Glen development were allowed to be platted below the standard 12,000 square feet minimum allowed by City Code for single family residential lots. The homes within this subdivision were constructed between 1985 and 1990. The original 1,700 square foot home on the subject site was constructed in 1989. To date, two additions have added 650 square feet of additional space to the subject home. EXISTING CONDITIONS The area of the subject lot is 10,192 square feet. The current home exceeds the 20 percent lot coverage. The home covers approximately 2,300 square feet and has a lot coverage of approximately 22.5 percent. After further review of the properties surrounding the subject lot, it appears that there are several other properties with lot coverage that may exceed the 20 percent maximum lot coverage requirement. All other setback and code requirements appear to be met. EVALUATION OF REQUEST The applicant is proposing to add a 192 square foot addition extending 12 feet onto the back of the home. The additional building coverage would bring the total lot coverage to 2,492 square feet, or approximately 24.5 percent of the total lot size. This proposed addition would meet all rear and side yard setback requirements and would not be visible from Ashbury Road. APPLICANT'S ESTIMATE OF HARDSHIP The applicant is proposing the additional space be used as a nursery. The applicant has stated that they have outgrown the size of their existing home but do not desire to leave the Eagan Community. The applicant believes that, due to the unusual pie shape and sub-standard size of the subject lot, their ability to further expand and add value to their home has become severely limited relative to the surrounding neighborhood. �16 The applicants have included drawings that show the proposed additional space was designed to preserve the design integrity of the existing home so that it does not detract from the appearance of the neighborhood. SUMMARY/CONCLUSION The applicant is requesting a 4.5 percent Variance to the 20 percent maximum building lot coverage allowed in residential districts for Lot 1, Block 2 Blackhawk Glen 1" Addition. The Variance is requested in order for the applicant to build a 192 square foot nursery on the back of the existing home. The applicant believes that the sub-standard size of the subject lot is much smaller than many of his neighbor's lots, limiting his ability to expand his property and add necessary living space and value to their home. ACTION TO BE CONSIDERED To approve a 4.5 percent Variance to the maximum 20 percent building lot coverage allowed in residential districts for Lot 1, Block 2 Blackhawk Glen I" Addition. gig ` uu M■1 13 ra -0050010 M Gomm MRs ' a ede= ©sc° � n ILUJ pow •, ��,,' ��•,� der. �� i Tdil LA o wee ► •�� .� ttm �ee`c ��►ei. :i. �i��i WA iii© �L'��p ��■/� Q©�� Develee� `�' ago� � - � .� � ,�!■ �a■■�e�■eeea�j . . Application: ` Case No.: 16-VA-16-09-99 MWPrePffedWng8MkrView3A by Dakota CourKy Land SLrvey Delon In a it and is cLirrent as of June 1999. City of -1 gill a a a 0 Q� �k8ngHSV I99S 9 z O � o W * O n i C3 O A �.* H r z O z U ZO 2 LO a O W = a Y U J W PC N y H �� O uz cc D oD a U �¢ Q r Ne f� oar N Z (.7 = t7 li W O U m < JLJ ILI u a IL m a i� y ' i t i ! � 1 1 i t t � 1 � t t i n a � t 01 t/] �D = U 4 W 0 U m < Thomas Bane 3661 Ashbury Rd Eagan Mn.55122 To:Planning Council 3830 Pilot Knob Eagan Mn.55122 Dear Planning Council: I am writing to you regarding a proposed development variance on my property at 3661 ashbury rd. I would like to be considered for a nursery expansion for our new baby Rachel.Currently we have three bedrooms in our home, which are all being occupied by our family.I would like to have a bedroom for our newborn baby which currently is in our bedroom but will be needing a room for herself. My Lot is an unusual pie shaped lot which is much smaller compared to our neighbors lots,and I am told by the city planners that by adding the proposed 192 sq.ft.of roof coverage I will be over developed for my lot. I very much enjoy living in this community and the city of eagan.I know the schools,Parks,and services offered by Eagan are highly recognized for being the best. Please consider my proposal for this nursery addition,it will be very much appreciated. Thomas A.Bane S� Agenda Information Memo October 5, 1999 Eagan City Council Meeting G. TAX RATE CERTIFICATION ACTION TO BE CONSIDERED: To approve a Resolution Authorizing a Tax Rate Increase for the 1999 Tax Lei ry, Collectible in 2000. FACTS: • A new law passed by the 1999 Legislature requires that all cities over 500 opulation and all counties must pass a resolution, if the tax levy for the subsequent y ar will result in a tax rate increase. The resolution must be adopted at a public he ng. • Since the required calculation completed by the county auditor,uses the pr posed levy compared to the previous year's tax capacity,nearly every city over 5 0 population will be required to pass the resolution. • The resolution must be filed with the County Auditor by October 20 of eac i year. If a city or county fails to file the resolution, the county auditor is prohibited from spreading a levy that would result in a higher tax rate, except in a few very pecific situations. • If a city files the resolution, it may.still certify a final levy that results in a constant or decreased tax rate. ATTACHMENTS: • Enclosed on page is a copy of the resolution. CITY OF EAGAN RESOLUTION Authorizing a Tax Rate Increase for the 1999 Tax Levy, Collectible in 2000 BE IT RESOLVED by the Council of the City of Eagan, Dakota County, Minnesota, that the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2000 that is higher than the tax rate calculated pursuant to Minnesota Statutes §275.078 for the City for taxes levied in 1998, collectible in 1999. Adoption of this resolution does not prohibit the City from certifying a final levy that will result in no tax rate increase or a tax rate decrease. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Dakota County, Minnesota. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION 1, 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 5th day of October, 1999. E. J. VanOverbeke, City Clerk S,3 Agenda Information Memo October 5, 1999 Eagan City Council Meeting A. PROJECT 768 NORTHWOOD PARKWAY allNG RD—RIGHT-OF-WAY) ACTION TO BE CONSIDERED: Reaffirm / Cancel active negotiations with MnDOT for reconveyance of surplus land (Lots 1 & 2, Block 3 Effress Additio ) and, if reaffirmed, authorize the environmental assessment study. FACTS: • On September 7, the City Council reviewed the status of the City's acq isition of surplus MnDOT property to exchange for the proposed Northwood Parkway right-of- way through the Glen Pond Apartment Complex. • The Council continued for 60 days the consideration for approving an Of icial Map delineating the corridor alignment. They also directed staff to proceed with the preparation of an environmental study, soil borings, wetland deline tion and boundary survey on both the MnDOT property and within the proposed corridor, all as requested by Mr. Wenzel's attorney in a letter dated August 30. • Due to some uncertainty regarding Mr. Wenzel's current interest in MnDO 's surplus property, a letter was sent to him requesting clarification of his interests before the City proceeded with additional expenses. The City subsequently received a letter from Mr. Wenzel's attorney requesting the City to continue with the environmental study on MnDOT's property. • Staff has received an estimate of approximately $14,000 to conduct these studies. It will take 4 weeks to complete a draft report and approximately another 2 weeks to complete the final report. ATTACHMENTS: // • Staff letter,pages�through , lb • Wenzel response,pages 57 through�. • Scope of Study,pages_through . S city of eagan PATRICIA E AW.ADA Mayor September 17, 1999 PAUL BAKKEN BEA BLOMUIST PEGGY A. CARLSON SANDRA A. MASIN Council Members MR LARRY WENZEL THOMAS HEDGES WENZEL PLUMBING & HEATING City Administrator 1959 SHAWNEE RD E J VAN OVERBEKE EAGAN MN 55122 City Clerk Re: Project 768, Northwood Parkway (Ring Road Extension),Right-of-Way Acquisition Dear Mr. Wenzel: As you are aware, the City has had a long standing plan to ultimately build a "Ring Road" around the Yankee Doodle/Pilot Knob/35E interchange. It has been identified in our Comprehensive Guide Plan since 1991 and has been incorporated into the planning of much of the development in this area since then. Part of this Ring Road alignment impacts the Glen Pond Apartment complex located in the northeast quadrant of Pilot Knob and Yankee Doodle Roads. The City is aware of your interest to expand the development of this apartment complex since you first approached the City in the spring of 1998. However, your development applications have not taken into consideration this future community collector roadway alignment. The City is very much aware of your concerns regarding the impact that this proposed alignment will have on your ability to fully develop on the remaining vacant land. You have expressed your objections regarding the location of this alignment to the City Council on numerous occasions. In the summer of '98, they directed staff to investigate potential alternative alignments to minimize the impact on your proposed development. In the fall of '98, the City held several neighborhood meetings with you and other potentially affected property owners to investigate other possible alignments. As a result of that collaborative process, you informed us that while the original alignment was not your preferred choice, it was the agreed upon consensus of the affected property owners. You also indicated that you were very interested in my proposal to try to effectuate a land swap to minimize and mitigate the impacts of this proposed alignment. This land swap would involve the City's acquisition of surplus MnDOT property consisting of Lots 1 and 2, Block 3, Effress Addition. You and I also spoke about the potential advantages of the City vacating that portion of Marice Drive adjacent to these lots allowing your development to expand due east towards the Interstate of equal or greater proportions than your current vacant land could provide. Your interest in this concept was then presented to the City Council and I received authorization to pursue the reconveyance of this MnDOT property, which began in December of'98. s MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN,MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE (651)681-4600 PHONE (651)681-4300 FAX (651)681-4612 Equal Opportunity Employer FAX (651)681-4360 TDD (651)454-8535 www.cityofeagan.com TDD (651)454-8535 Page 2 To facilitate the typical lengthy reconveyance process, the City expended funds and contracted for a formal appraisal to determine the acquisition value of MnDOT's land. Local legislative representatives also assisted in securing MnDOT's approval for this reconveyance, which was subsequently issued in July of '99. However, MnDOT did not agree with our appraised valuation and classified its value at 35% higher. During the month of August, I initiated negotiation strategies to reduce MnDOT's asking price. On August 30, your legal representative, Mr. Dennis Trooien, submitted a list of 13 conditions that needed to be taken into consideration as a part of the proposed land swap agreement. Condition #12 required the City to perform a rather expensive environmental assessment of both your and MnDOT's property. The City Council agreed to that concept and directed me to initiate that process. However, to everyone's surprise, you then stated you are no longer interested in MnDOT's property and did not want the City to vacate Mance Drive. We had thought that the process that the City initiated and managed during the last 9 months was with your concurrence in trying to achieve a win-win solution. However, the position of your attorney and your recent comments at the public meeting seemed to indicate that the City is trying to force a public street vacation and transfer of surplus MnDOT property on to you. This has not been our intention and we would not have pursued this course of action if we had any indication that it might have alienated our relationship or opportunity to reach a satisfactory agreement for the acquisition of the Northwood Parkway Ring-Road alignment. Before the City proceeds with expending additional funds to perform the detailed environmental assessment, soil borings, wetland delineations and boundary surveys on MnDOT's property, it would be very helpful if you could reaffirm your previous interest in this property. An acceptable alternative would be to no longer consider the potential for this land swap and have the City proceed with the acquisition of the Northwood Parkway alignment through the eminent domain process. I will be presenting the cost estimate to perform the environmental assessment study to the City Council at the October 5 meeting. It would be very much appreciated if you could provide a letter stating any potential interests you might have in the MnDOT property and/or the Marice Drive vacation. If you have the interest and desire, I'm sure the City Council will be more than willing to continue its initiative. If you are no longer interested, we can proceed much quicker thereby allowing you to proceed with your development interests. We feel confident that we can work with you through whatever process you find most acceptable. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/j j C: Mayor and City Council c/o Thomas L. Hedges, City Administrator G:TAC/LTRS/Proj.768/Wenze1 S'6 612 338 3857 7Pb1 rAR`?APISER. WESTRA, & HART Pd,�, 0939 F. ? '4 FABYANSKE, WESTRA & HART A PROFESSIONAL AssocIATION B.C.HART PATRICK W,NOAKER M.T.RAgVpN$KE MICHAEL J.KINZEII MARK W.WESTAA SUITE 1 100 JOCELYN L.KNOLL JEREMIAH J.KEARNEY 920 SECOND AVENUE SOUTH STEVEN C.COX DENNIS J.TROOIEN MAN L.W4UAM$ SCOTT LLOYD ANDERSON MINNEAPOLIS,MINNESOTA 55402 JULIE A.DOHERTY PAUL L.AATELLE JAYNE E.GARDNER GREGORY T.S►ALJ TELEPHONE 612.338.0115 AARON A.DEAN DEAN 8.THOMSON JOHN T.TROUT GARY C.EIDSON TELECOPIER 612.338.3857 KEITH D.PJNTA KYLE E.HART CARA D.HELPER JUDITH E.KROW TIEN T.CAI STEPHEN A.MELCHER FREDERICK H.LADNER RICHARD G.JENSEN DERECK R.GROWER THOMAS J.TVCCI CHARLES G.CARPENTER,lu OF COUNSEL: September 22, 1999 HOLLY A.R.HART EMAIL QJTROOI$N4MINNI AW.COM DIRECT(612)336-9505 Mr, Thomas A. Colbert Director of Public Works City of Eagan Municipal Center 3830 Pilot Knob Road Eagan,Minnesota 55122-1897 Re: Glen Pond Apartments/Ring Road Our File No.: 80065-002 Dear Mr. Colbert: Larry Wenzel and I are in receipt of your letter dated September 17, 1999. I have met with Larry on this matter, and we suggest that the City adopt a resolution wherein staff is directed to negotiate in good faith a mutually acceptable settlement with Larry Wenzel, which would include a land swap of the MNDOT property,together with such other terms and conditions as may mutually be agreed upon; provided further that if staff does not report substantial agreement on such a settlement within the 120 days,that staff and the City Attorney are authorized to commence eminent domain proceedings. Likewise,Larry Wenzel and his representatives commit to the City to negotiate in good faith as well. We assume that as part of the foregoing resolution, the City would continue with what I thought had been approved at the prior meeting,which are the"item 12"-due diligence items,such as wetland delineation, geotechnical borings, etc. On a final note,Richard Krumm is putting together a schematic site plan that would involve the portions of the MNDOT property and which would contemplate the vacation of Maurice Drive, As we learn more about the MNDOT property, it appears that major portions of it may not be particularly suitable for foundations'and large portions may need extensive fill. We would like to explore with the City the mutually beneficial cost savings to the project by vacating Maurice Drive so that the buildings nearest to the highway can at least be set back further from the highway on more construction-ready soils. I will be calling you within the next week or so in an attempt to set N A?L'IDJ7,56523 700.Wpd 612 338 3857 1999 4 : 08PM FABYAPISKE. WESTRA. & HART No. 0989 P, 3!� Mr. Thomas A. Colbert September 22, 1999 Page 2 up a meeting with your Planning Department to discuss, at least on a conceptual and preliminary basis, Mr. Krumm's site plan. I trust you will communicate this letter to the City Council. Very truly yours, Dennis J. Trooien DJT/kjm cc: Dick Kramm I concur with the foregoing letter. By: Larry Wenzel N:\PL\DJT\56523700.wpd • 612 338 3857 -FRO1'- 1999�.�, 4 : O"'FM612-1AB`IAN'KE. WEST RA. & HART09. 23' 99 15:05iST. 15:04INO. 0989317? 4X41 Mr.Thomas A-Colbert Septanba 22, 1999 Page 2 up a mecUng widi your Planting DMartment to discuss, at least on it aoaceptual and prolimiauy basin,Mr. Knjintn'g site glad. I trust you grill communicate this letter to the City Council. Very truly yours, DenMi6 1. Trooien ATT/kjm cc: Dick Kr n= 1 concur with the foregoing letter. By: c�%/� lv a9Z LAY wrl N:wL�wnscs:s7oo..,d SEP 23 '99 15:46 612 452 0367 PAGE.03 MEMO — city of eagan TO: Mayor and City Council % Thomas A. Hedges, City Administrator FROM: Thomas A. Colbert, Director of Public Works DATE: Sept. 29, 1999 SUBJECT: Proj. 768,Northwood Pkwy (Ring Road Right of Way Acquisition) Environmental Assessment Study At the regular Council meeting of Sept. 7, 1999 the City Council directed Staff to proceed with the requested environmental, soils, wetland and boundary study. This work would be performed on both the MnDOT property proposed for reconveyance to the City as part of the potential land swap as well as for the Northwood Parkway right of way alignment through the Glen Pond Apartment Complex. Staff has prepared the following Scope of Work(SOW)to be performed by the Consulting Engineering firm of WSB and Assoc. for this study: 1. Meeting with Property Owner a. Further communicate goals and objectives of study to assure all tasks are understood and agreed upon. 2. Wetland Delineation/Impacts a. Compare each site against the National Wetland Inventory(NWI)maps. b. Perform a wetland delineation for both parcels and verify determined delineation with the Wetland Conservation Act (WCA) Local Government Unit (LGU), and the Army Corps of Engineers. C. Survey delineated wetland(s). 3. Property Records Review a. Review property records for the subject parcels to verify the property boundaries. b. Complete a title search to determine the presence of easements or other encumbrances on the subject parcels. C. Draft diagrams depicting the existing and proposed parcel configurations. 6 � 4. Environmental Assessment a. Arrange to have a Phase I Environmental Site Assessment completed for the subject parcels. The Phase I Environmental Site Assessment will gather information about the site and surrounding area so that any apparent risks or significant environmental problems or contamination can be identified and evaluated. b. Make general observations regarding the differences related to noise, air quality, and groundwater quality between the subject parcels. 5. Soil Conditions a. Perform soil testing within the subject properties. The primary objective of the soil testing will be to determine the suitability of the soils for buildings and roadway foundations. b. Review the topography of the site and make recommendations regarding potential site grading issues associated with the existing and proposed sites. 6. Storm Drainage a. Examine FEMA maps to determine the floodplain status of the subject parcels. b. Review the City's shoreland ordinance and determine the associated impacts. C. Review the City's Comprehensive Stormwater Management Plan to determine any impacts the implementation of the plan might have. 7. Zoning/Land Use a. Compare the existing and proposed zoning and land use maps of the subject properties to determine the viability of proposed future uses. b. Review the City's comprehensive plan(s) to determine any impacts implementation of the plan(s) might have. 8. Access to Transportation a. Compare the existing and proposed configuration of the transportation systems in a general manner. 9. Availability of Utilities a. Review existing record drawings to determine the ability of sanitary sewer and water service to the subject parcels. Proj.768-Northwoods Pkwy Enviro SOW 6/ 10. Issues Requiring Additional Study a. Recommendations will be made regarding items which will require additional study beyond the preliminary nature of this report. 11. Deliverables a. A draft report for City Staff review and follow-up revisions that would allow for completion of the final report. b. Ten (10) copies of the completed report C. A copy of the completed Wetland Delineation Report, Phase I Environmental Assessment, and Soils Report. d. Digital data created for the project in Autocad or MicroStation format. Depending on the results of the Phase I Environmental Study, a more in depth Phase II study may have to be prepared. The cost estimate does not include any potential Phase II work. This is fully dependent on the extent and nature of any hazardous materials that may be discovered on the site or in the soils. It is expected that the Phase I Environmental Assessment, Wetland Delineation Report, and Soils Report will not be fully completed when the draft report is submitted. The draft report will contain general observations regarding these items that can be refined once the additional information is available. Completion of the final report will depend on the timing of the City's review, completion of the additional reports and the development of follow-up information as necessary. The estimated cost to perform this work as outlined is approximately $14,000. Please let me know if I can provide any additional information or clarification that may be helpful. Respectfully submitted, C�' Z� � Director of Public Works Proj.768-Northwoods Pkwy Enviro SOW Agenda Information Memo N, October 5, 1999 ' NEW BUSINESS b A. DENMARK AVENUE TRAFFIC CONCERNS ' w ACTION TO BE CONSIDERED: It is City Staff's understanding that the residents will be requesting action from the City Council as part of their presentation. FACTS: f • On June 9, 1999, an informational neighborhood meeting was held by Ci staff in the Community Room at the Eagan City Hall for the Denmark Avenue neighbor od (between Wescott Road and Duckwood Drive). Staff listened to the traffic concerns o the residents and presented information regarding traffic counts, traffic distribution, and p ssible traffic calming measures. The meeting was called at the request of residents cone ed about the speed and volume of traffic in the neighborhood. • Traffic engineering information requested by the residents was compiled and p ovided to the residents at the end of June. The information summarized the traffic count and vehicle speeds before and after the opening of Cascade Bay. Additional information was provided regarding the Transportation Plan element of the City's Comprehensive Guide Plan and the minimum street requirements. • On August 6, 1999, staff received a letter from the Denmark Avenue residents land a request to address the City Council at an upcoming regular council meeting �egarding the neighborhood's traffic concerns. • City staff is currently having open dialogues with 4 other neighborhoods regarding similar traffic concerns and desires for traffic-calming improvements. Staff regularly receives statements about traffic related safety concerns from residents. Traffic-calming improvement requests are anticipated to increase in the near future. ATTACHMENTS: Minutes of Neighborhood Meef'g,pages�throughLetter from Residents, pages ough�Traffic Engineering Data,pagesthrough P b, a p 3 DENMARK/WESCOTT TRAFFIC CONCERNS INFORMATIONAL NEIGHBORHOOD MEETING WEDNESDAY, NNE 9, 1999 6:30 P.M. COMMUNITY ROOM Attendance: Russ Matthys, City Engineer; 29 people representing 21 properties (see attached sign-in sheet). A. Welcome City Engineer Russ Matthys provided the residents with a brief introduction of the purpose of the meeting. The meeting was scheduled at the request of the residents to discuss traffic concerns on Denmark Avenue, between Wescott Road and Duckwood Drive, and at the intersection of Denmark Avenue and Wescott Road. B. Questions/Comments 1. Can a Speed Study be completed on Wescott Road? A speed study of Wescott Road by Mn DOT was recommended in the recently completed Traffic Study. The City Council did not direct staff to complete a study at this time, however, staff plans to have one completed after the three-lane design is constructed. 2. We are concerned about the pedestrian crossings of Wescott to get to Cascade Bay. We want a 4-way stop at the intersection with Denmark by the time of the opening. (100% of attendance showed support for this) A 4-Way Stop is currently warranted for this intersection. I believe the Cascade Bay opening will also increase the need for a 4-Way Stop. Staff was planning to wait until the 3-lane striping was completed, but the stop sign can be installed by the opening. 3. I think the 3-lane design will slow down traffic from the current 4-lane design. A recent study from Oakland, CA, stated that the accident incidents went down significantly after a similar redesign. 4. The roads in Eagan aren't keeping up to the growth. 5. We want Denmark closed to through traffic! (Majority of attendance showed support for this) Denmark Avenue, between Wescott Road and Duckwood Drive, is designated as a Neighborhood Collector in the City of Eagan Comprehensive Guide Plan. This designation indicates the purpose of the street is to provide access to typical residential streets and an interconnection between similar or more significant Collector streets. Staff would not support such a request. 6. What about traffic signals at Duckwood/Denmark and Wescott/Denmark? The Wescott Road Traffic Study recommended the installation of the 4-Way Stop and future review of the intersection for a traffic signal. No signals are currently planned for the Duckwood/Denmark intersection. V 7. There is no sidewalk along this portion of Denmark, south of Crestridge Lane— sidewalk is needed. Sidewalks/trails are typically installed along Neighborhood Collectors. I have reviewed the boulevards for the potential of having a sidewalk installed. It would be difficult in some places; landscaping would be affected, retaining walls may be needed, driveways would be changed. 8. What about cutting off Denmark? It would not be appropriate to cut off a Neighborhood Collector. The City Council would have to remove this designation before considering cutting off. This would be highly unlikely. 9. Can "No Thru Traffic" signs be installed? ... They don't do anything! Again, these signs would not be appropriate for a Neighborhood Collector. 10. When was Denmark designated as a collector? I don't know. The most recent update of the Comprehensive Guide Plan was completed in 1991 and included Denmark with this designation. I can check it out. (Original Neighborhood Collector designation— 1980 or earlier) 11. Why do the police use Denmark to cut through quickly on the way to a call? I would assume that the address they are going to would be in close proximity to Denmark Avenue. I would also assume that you would want them to use Denmark if they are helping you or your family. Contact the Police Department if you have a concern about the use of Denmark. 12. Once Cascade Bay opens up, it won't take long before everyone begins to use Denmark as a shortcut to the Dairy Queen! 13. Cut off Denmark at Duckwood. Or would the City Council not do that because of the businesses at Town Centre? Who is more important, the citizens or the money? The issue, from the Staff's perspective, is the designation of Denmark in the Comprehensive Guide Plan. 14. How about crosswalks at the intersection of Duckwood and Denmark? Staff can analyze the warranting of a crosswalk at this intersection. C. Traffic Calming City Engineer Matthys provided the residents with information about traffic calming alternatives that may be considered to address concerns on Denmark Avenue, between Wescott Road and Duckwood Drive, and their viability. 15. What about the Forced-Turn option? It would not be appropriate for the Neighborhood Collector designation. 6 � 16. You told me the traffic was 2800+ vehicles a day. Can a traffic count be taken on Denmark before and after the opening of Cascade Bay? Staff will check to see if we have current (1998+) count information. If not, we can set up before and after Cascade Bay opens. 17. Denmark is more than just a Neighborhood Collector if it has that much traffic on it. Our neighborhood doesn't generate that much traffic. How much of that traffic is generated by our neighborhood? By using national averages of 10 trips per single family house and 6 trips per townhouse, staff can determine what portion of the traffic count is attributable to the neighborhood. 18. I think it is important to determine the traffic numbers in each direction. Can you do that? Yes,we can do that. 19. What is the traffic volume on Pilot Knob Road and Lexington Avenue between Wescott and Duckwood? Staff will check our records to find this information. 20. Can we get a list of traffic calming options that reduce volume and speed with the associated pictures? Yes, I will provide you (through Dan & Ann Simms)that information, as well as the rest of the information that has been requested. 21. How about restricting traffic on Denmark to One-Way (south) between Duckwood and Crestridge? It would not be appropriate for the Neighborhood Collector designation. 22. Where do we go from here? Can we attend a City Council meeting and discuss during `Visitors to be Heard'? Should we write a letter to the City Council? You may do either option. However, it may be most beneficial for you and the City Council to send a letter to the attention of the City Administrator. If he chooses, after discussing with the City Council, to place an item on a council meeting addressing your concerns, the council will then be more informed to adequately discuss the issue. Be prepared and realistic about presenting your concerns and any suggested solutions. G:RM/MISC/Denmark&Wescott Traffic Concerns-Minutes 6 INFORMATIONAL NEIGHBORHOOD MEETING DENMARK AVE TRAFFIC CALMING WEDNESDAY, JUNE 9, 1999, 6:30 P.M. l�� NAM ADDRESS S 4-- 2. &Mjk bfyl(Wd - 3. kLc--<'- � bey\ -r'�a r, 4. r�� ! �.�n 3c2 -3 5. 6. STJEVf- ZACoBy 3�� D�111M�9k Ay 7. A' A) � 8. 3o\,,e� L r 9. 10. f 14#1 S N'Jm; �epjmar,� IJe Z- i4rI 11. .qZ4�L 12 r y _39 14. 15. 3W3 Pei j 1-. .m 806 3 v 18. 19. 20. Pct 0 L �Q(�- 31 �l`� \ Q�,�r�.��`� P'. G:FORMS/Sl GN-IN.Sheet 3 71t August 6, 1999 Mr.Tom Hedges Pagan City Administrator City Hall Pagan,MN 55123 Residents of Denmark Avenue C/O Dan Simms 3794 Denmark Ave Pagan,MN 55123 651-452-1411 Dear Mr.Hedges: My name is Dan Simms.I am an Pagan resident and am representing the residents of Denmark Avenue between Wescott Road and Duck-wood Drive. The residents in our neighborhood have been concerned about the rising,levels of traffic for quite some time.We request that we be granted a space on the City Council Agenda for the September 21, 1999 meeting to express our concerns and ask for the Council's help. I have enclosed a letter written as a foundation for our concerns and wishes. Also enclosed are some related documents given to me by the Pagan City Engineering Department. Please review the enclosures and,if you see fit,provide them to the council members prior to our meeting. Please contact me if you have any additional questions. Respectfully yours, Dan Cc Russ Matth%ys Enclosures 6 � Denmark Avenue, North of Wescott Road to Duckwood Drive Traffic Problems and Concerns Dan Simms 3794 Denmark Avenue Eagan,MN 55123 August 6, 1999 Introduction Denmark Avenue is a Neighborhood street running through the thriving City of Eagan. It runs North and south from Deerwood Drive to North of Yankee Doodle Road Along Denmark Avenue,there are a variety of different developments ranging from residential single family homes from Deerwood to Denmark Trail East,to multi-family quad construction,followed by apartments. Finally,North of Duckwood Drive, Denmark Avenue proceeds right through the heart of the Eagan Town Center and Promenade Center retail shopping areas. This mixture of different land uses along with the fact that Denmark Avenue is a through street has brought much concern to the local residents living on or near Denmark Avenue between Wescott Road and Duckwood Drive. The constant stream of non-residential motorists using the area to go to the Eagan shopping areas is degrading the neighborhood Denmark Avenue is designated as a"Neighborhood Collector"street. However,the speed,volume and purpose of traffic on our street have risen well beyond the levels specified for Neighborhood Collectors. Additionally,we believe the traffic problems are only going to get worse due to the opening of Cascade Bay,as well as the continuous commercial development of lands north of Yankee Doodle Road Therefore,the residents of Denmark Avenue,from Wescott Road to Duckwood Drive,request from the City Council of Eagan,that strong measures be taken to improve our neighborhood,reduce the levels of traffic and improve safety. Facts about Denmark Avenue from Wescott Road to Duckwood Drive Prior to stating our concerns,it is proper to state the basic factual information about the stretch of roadway we are talking about. The street is designated as a Neighborhood Collector street from Deerwood Drive to Duckwood Drive by the City of Eagan Comprehensive Guide Plan. North of Duckwood Drive to at least Yankee Doodle Road,Denmark Avenue is a Community Collector. Surrounding Denmark Avenue on all four sides,are arterial streets. Yankee Doodle Road,Pilot Knob Road and Lexington Ave are Principal Arterial streets and Wescott Road is a Minor Arterial street. The street is equipped with sidewalks from Deerwood Drive to Wescott Road and again from Duckwood Drive to Yankee Doodle Road. There are no sidewalks from Wescott to Duckwood Drive. Denmark Avenue has a street width of 60 feet. The speed limit is 30 MPH from Deerwood Drive to Duckwood Drive,after which it is 35 MPH. Between Wescott Road and Duckwood Drive,including the properties on the side streets accessing Denmark Avenue,there are approximately 50 single-family homes and 180 townhomes. Therefore,using the recommended guidelines for daily trips made by single(10 trips per day)and multifamily homes(6 trips per day),the estimated number of trips by residents on Denmark Avenue is 1580. Traffic counters monitoring Denmark Avenue between Wescott Road and Duckwood Drive show the following numbers': Average Daily Traffic Counts,June 15- 17(Before the opening of Cascade Bay) Location Northbound Southbound Total Northside 1845 2342 4187 Southside 1462 1967 3429 Average Daily Traffic Counts,June 21-23(After the opening of Cascade Bay) Location Northbound Southbound Total Northside 1886 2255 4141 Southside 1526 1955 3441 Average Speeds(NG",June 15- 17(Before the opening of Cascade Bay) Location Northbound Northbound 85 Southbound Southbound 85 th Avg percentile Avg percentile Northside 30.5 37.3 29.5 37.2 Southside 28.6 33.23 31.43 36.1 Average Speeds(MPI),June 21-23(After the opening of Cascade Bay) Location Northbound Northbound 85 Southbound Southbound 85 Average percentile Average percentile Northside 30.1 37.0 29.0 35.2 Southside 28.6 33.3 30.6 34.7 *Note: Traffic counters were placed relatively close to their respective intersections. It is reasonable to believe that the motorists would be in the process of accellerating or decelerating and would not be at their top speed. Denmark Avenue is a Neighborhood Collector functioning as a Community Collector Residents along Denmark Avenue have long known that the traffic through their neighborhood has risen to unreasonably high levels. The research that we have done has supported their feelings.Denmark Avenue is supporting traffic load well above what the neighborhood is designed for. It is acting as a Community collector. • According to the Functional Classification System for Roadways",a Neighborhood Collector is located within the neighborhood. The characteristics of a Neighborhood collector are to provide access to land, and collect and distribute neighborhood trips to a higher service arterial- However,according to the numbers listed above and the estimated residential traffic count of 1580,it seems that there is an average of 1855-2584 additional cars traveling through our neighborhood per day! That is a 117— 164%additional volume of traffic from outside the neighborhood traveling to the shopping areas They are not neighborhood trips being collected and distributed to and from land The majority of this traffic is traveling to or from Denmark Avenue(north of Duckwood Drive)or Duckwood Drive. Both of these streets are Community Collectors! This indicates that Denmark Avenue is functioning as a Community Collector. • Common sense tells us that this large volume of motorists outside of their own neighborhood bustling their way to the grocery or discount store are not going to be as concerned about calm and considerate driving as a local resident would. Additionally,what is no shown in these numbers,is the fact that the local residents are not going to travel across the entire length of Denmark Avenue,even though it is counted that way 10 times for every home. • Referencing the measured speeds(85's percentile)of 33—37 MPH,Russ Matthys,Pagan City Engineer,stated that the speeds were more like what would be expected of a 35-MPH speed limit. These speeds are higher than they should be in a residential neighborhood and are compatible with the 70 35-MPH speed limit,which is in place on Denmark Avenue north of Duckwood Drive(Community Collector). • Referencing the"Eagan Minimum Street Requirements"'6,the category for collector streets lists an Average Daily Traffic Count of 0 to 5000+cars. The traffic counts on Denmark Avenue are at the upper end of this range,which would put it in the Community Collector classification Denmark Avenue is not even equipped to be a Neighborhood Collector The argument has been made that Denmark Avenue is a Neighborhood Collector functioning as a Community Collector. But,let's hypothesize for a moment that the traffic counts,speeds and characteristics are actually within the parameters of a Neighborhood Collector. You will quickly discover that Denmark Avenue is actually not even designed or equipped to function as a Neighborhood Collector. • According to Russ Matthys and another engineer at Eagan City Hall,the City Engineering Department does not recommend placing private access driveways on a Neighborhood Collector Street Denmark Avenue has private driveways along nearly its entire length from Wescott Road to Duckwood Drive. • Referencing the"Eagan Minimum Street Requirements",all collector streets must have sidewalks. As stated above,our street has none. • Again referencing the"Eagan Minimum Street Requirements",the minimum centerline entrance spacing for the lowest level collector street is 200 feet The minimums rise to 300 feet and 600 feet for higher traffic counts. Denmark Avenue does not even come close to these minimum requirements, even if the traffic levels were at the low end Conclusion/Recommendations Considering the layout of Denmark Avenue from Wescott to Duckwood,it is reasonable to agree that the street should function as a Neighborhood Collector. There are Cul-de-sacs and side streets connecting the homes giving them access to the higher service arterial streets. According to the classification specifications,these needs exactly match what the definition of a Neighborhood Collector is. However,it is not reasonable to agree that Denmark Avenue should provide direct access to the retail district for much of the city of Eagan when it is not designed to handle it Denmark Avenue has nearly two non-residential trips traveling on it for every one residential trip. This continuously worsening traffic volume is unsafe, degrading to the neighborhood and unnecessary. Especially when we are well served by arterial streets that completely surround Denmark Avenue and are of high quality. So we ask,as soon as possible,that a comprehensive traffic study be done on our street with the purpose being to gather information to solve these problems. We propose the following solution:construction of a median on Denmark Avenue between Denmark Trail West and Denmark Trail East This would in affect, close the street to through mt ic. This change would be the most cost-effective method to solve the problems and actually would not conflict with the City's Comprehensive Guide plan because it would still allow Denmark Avenue to function as a Neighborhood Collector. We feel that this improvement would immediately solve the problems mentioned previously,as well as restore the safety and tranquility to our neighborhood Respectfully yours, The Residents of Denmark Avenue 'Traffic:Counts before and after the opening of Cascade Bay. Provided by Russ Matthys,Eagan City Engineer(enclosed). °City of Eagan Comprehensive Guide Plan,Table 6.A3.a Function Classification of Roadways(enclosed) '°"Eagan Minimum Street Requirements"(enclosed)a paper outlining the physical specifications for streets with the city of Eagan Provided to us by Russ Matthys, City Engineer. Traffic Counts before and after the opening of Cascade Bay Before After Location: Northbound on Denmark Ave. between Location: Northbound on Denmark Ave. between Wescott Rd. and Denmark Ct. Wescott Rd. and Denmark Ct. Speed Summary Speed Summary Traffic Counter ID#3507 Avg. Speed 85%ile Traffic Counter ID#3507 Avg. Speed 85%ile Dates Tue June 15, 99 28.34 33.08 Dates Mon June 21, 99 28.41 33.12 Wed June 16, 99 28.78 33.39 Tue June 22, 99 28.71 33.31 Thu June 17, 99 28.68 33.34 Wed June 23, 99 28.66 33.25 Total Traffic 2924 Total Traffic 3051 ADT= 1462 ADT= 1526 Location: Southbound on Denmark Ave. between Location: Southbound on Denmark Ave. between Denmark Ct. and Wescott Rd. Denmark Ct. and Wescott Rd. Speed Summary Speed Summary Traffic Counter ID #3508 Avg. Speed 85%ile Traffic Counter ID#3508 Avg. Speed 85%ile Dates Tue June 15, 99 31.26 34.86 Dates Mon June 21, 99 30.62 34.62 Wed June 16, 99 31.56 36.77 Tue June 22, 99 30.73 34.74 Thu June 17, 99 31.46 36.45 Wed June 23, 99 30.53 34.82 Total Traffic 3934 Total Traffic 3910 ADT = 1967 ADT= 1955 Location: Southbound on Denmark between Location: Southbound on Denmark between Crestridge Lane and Timbershore Lane Crestridge Lane and Timbershore Lane Speed Summary Speed Summary Traffic Counter ID #2840 Avg. Speed 85%ile Traffic Counter ID#2840 Avg. Speed 85%ile Dates Tue June 15, 99 28.99 36.31 Dates Mon June 21, 99 29.66 35 Wed June 16, 99 29.8 37.53 Tue June 22, 99 29.66 36.15 Thu June 17, 99 29.76 37.05 Wed June 23, 99 27.49 34.41 Total Traffic 4684 Total Traffic 4510 ADT= 2342 ADT= 2255 Location: Northbound on Denmark Ave. between Location: Northbound on Denmark Ave. between Timbershore Lane and Crestridge Lane Timbershore Lane and Crestridge Lane Speed Summary Speed Summary Traffic Counter ID#2841 Avg. Speed 85%ile Traffic Counter ID#2841 Avg. Speed 85%ile Dates Tue June 15, 99 30.46 36.9 Dates Mon June 21, 99 30.41 36.91 Wed June 16, 99 30.71 37.71 Tue June 22, 99 30.82 37.66 Thu June 17, 99 30.35 37.35 Wed June 23, 99 29.15 36.5 Total Traffic 3689 Total Traffic 3771 ADT = 1845 ADT= 1886 G:excell/Denmark Traffic c Z g V �7F# 888 . 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CC n L O L a ?a n 7 7 w V fJ•+ tl1 %D 0 %0%0 CD t-- co CD `� ••v 1 10 L t) C cco vl co o O C n C - CO .O C O ++ +� Lv.j 0 O O O r O C 1 0 %. C nLv L O to 0 O o L 0 O 0Ot OUl% •C I J) v N w ,L Otdy G SwL �L d C a L n 010 in n $ V T O O ro --2 O m a d e E B 6 3 A 'r 44 14 3 H SOD � O .i .Ei O v w0D .. � A A +j pp X: X: 6 3 .-a t� J S til J S L J z S O N M ,? p � N f+1 S �- N tr► n; r`�v� I Agenda Information Memo October 5, 1999 Eagan City Council B. CONDITIONAL USE PERMIT—WAL-MART ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre Drive legally described as Lot 1,Block 1, Town Center 70 Eleventh Addition, subject to the conditions in the APC minutes. FACTS: • The store contains about 115,000 square feet and is located at the east end of th site, with parking to the west. The garden center is located on the south side of the store, consists of about 7,000 square feet and is enclosed with a wrought iron fence. • The proposal involves the storage of up to ten cargo containers within the gard center area from September through December for the holiday shopping season. • The Advisory Planning Commission held a public hearing on September 28, 1999, and recommended approval of the Conditional Use Permit, subject to the conditions listed in the APC minutes. ISSUES: • Although this type of CUP is unusual for the CSC district, the proposal appears o satisfy the . performance standards in the City Code. APC concerns were addressed by adding a specific condition regarding how the storage was to be screened. ATTACHMENTS: September 28, 1999,�k A^'PC Minutes, ages Staff Stareport,pages '/ through Page 2 ;� I: September 28, 1999 "' i ';.1 +, ; .. ADVISORY PLANNING COMMISSION /*,u PUBLIC HEARINGS CONDITIONAL USE PERMIT W AL-MART Chair Heyl opened the first public hearing of the evening regarding a Conditional Use Permit for outside storage of ten storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated September 23, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak specifically noted the previous denial of a conditional use permit for outside storage of containers. The applicant noted its presence. Chair Heyl closed the public hearing. Chair Hey] recommended that Condition No. 3 be revised to include screening from the view of other retail areas and also suggested that an additional condition be added to require a dark green canvas be attached to the fence as screening. Member Anderson moved, Member Tilley seconded, a motion to recommend approval of a Conditional Use Permit for outside storage of ten storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition, subject to the following amended conditions: 1. The outdoor storage shall be allowed only between September 15 and December 28 of each year. 2. There shall be no more than 10 storage containers and the containers shall be located within the fenced area south of the building. ;. The storage area shall be screened from view from the public right-of-way and other retail areas. 4. The applicant shall submit a site layout showing how the trailers will be situated within the garden center area. The layout shall be subject to the review and approval of the City Fire Marshal. 5. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. 6. A dark green canvas shall be attached to the fence as screening. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 23, 1999 CASE: 15-CU-12-08-99 APPLICANT: Wal-Mart Stores, Inc. HEARING DATE: September 28, 1999 PROPERTY OWNER: Wal-Mart Stores, Inc. PREPARED BY: Pamela Dudziak REQUEST: Conditional Use Permit LOCATION: 1360 Town Centre Drive COMPREHENSIVE PLAN: CA, Central Area ZONING: CSC, Community Shopping Center SUMMARY OF REOUEST Wal-Mart is requesting a Conditional Use Permit for outside storage of ten storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area,nor substantially diminish or impair property values within the neighborhood. Planning Report—Wal-Mart September 28, 1999 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal,water and sewer systems and schools. E. Will not involve uses, activities,processes,materials, equipment and conditions of operation that will be hazardous or detrimental to any persons,property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDIHISTORY The property was platted in 1991 and the store constructed in 1992. A Conditional Use Permit for outdoor sales and display for the garden center was approved with the initial plans,with the stipulation that the outside sale and display be restricted to garden items only. The initial building plans also included a 30,000 square foot future addition at the rear(east end) of the store which has never been constructed. Over the past several years, city staff has dealt with code enforcement issues pertaining to outdoor storage with Wal-Mart. In 1998, Wal-Mart constructed an addition to the front of the store and extended the screening wall at the rear of the store to enclose and screen the storage area for trash dumpsters,wood pallets and bundled boxes. In 1996, Wal-Mart submitted a CUP request for outside storage of cargo containers to provide additional merchandise storage space during the fall shopping season. The containers were proposed to be located behind the store (to the east of the building), and the City did not approve that CUP request. EXISTING CONDITIONS The store contains about 115,000 square feet and is located at the east end of the site,with parking to the west. Direct access is provided from Duckwood Drive and Town Centre Drive. The garden center is located on the south side of the store, consists of about 7,000 square feet and is enclosed with a wrought iron fence. Planning Report—Wal-Mart September 28, 1999 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Kohl's, zoned Community Shopping Center(CSC), guided Central Area(CA) South- Retail, zoned CSC, guided CA East - Veterinary Clinic and Self-storage (under construction), zoned CSC, guided CA West - Super America, zoned CSC, guided CA EVALUATION OF REQUEST Proposal—Wal-Mart is proposing to store up to ten 20-foot storage containers within the existing garden center for the holiday season. They would be placed within the fenced garden center from September 15''through December 28"'. Compatibility with Surrounding Area—The subject site is within a large commercial retail/service area in the Community Shopping Center(CSC) zoning district. Outside storage is a conditional use in the CSC zoning district. The City has in the past granted CUP's for outside storage in the CSC district for things such as product displays, garden centers and shopping carts, but not to serve as additional warehouse space for a retail facility. One recent exception was the approval earlier this year of an 18-month Interim Use Permit for Kohl's to have a few semi- trailers stored behind their building pending a long-term solution to their storage needs (construction of a new store in the area or expansion of the existing store). Performance Standards- In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In eeneral business (GB) and community shopping center(CSCE zoning districts, the enclosure shall be attached to the principal buildink and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial(I-1) and general industrial(I-2)zoning districts, the enclosure may be detached from the principal building. The proposed storage area within the garden center is completely enclosed by an existing wrought iron fence. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage area within the garden center is located at the side of the store,but faces a public right-of-way. �0 Planning Report—Wal-Mart September 28, 1999 Page 4 The garden center satisfies principal structure setbacks and is not located within any required yard or setback areas. 3 The outdoor storaze area shall be screened from view from the public right-of-way and from any ad'a1 cent property which is designated for residential uses in the comprehensive u�plan. The existing wrought iron fence does not provide screening. Wal-Mart proposes to hang a green tarp-like fabric (similar to the wind screen fabric commonly used around tennis courts) inside the fence during the fall and winter months to screen the container storage. The fabric is green and would provide screening of the containers from the public right-of-way. 4 The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area should not interfere with pedestrian or vehicular movement. S The storaze area shall not take up required parking spaces or landscaping areas. The storage area does not take up required parking spaces or landscaping. 6 The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion The surface shall be properly maintained to prevent deterioration. The storage area has a concrete surface. Additional Considerations - The proposal has been reviewed by the City Fire Marshal who has some concerns about emergency access. The Fire Marshal has asked that a site layout be submitted that shows how the trailers will be situated within the fenced area to ensure proper emergency access. In addition, access into the garden center area during the time the trailers are being stored should be restricted to employees only. SUMMARY/CONCLUSION Wal-Mart is requesting a Conditional Use Permit for outside storage often storage containers within the existing garden center at the store at 1360 Town Centre Drive. Staff has some concerns about the policy precedent this proposal presents. Although the City has in the past granted CUP's for outside storage in the CSC district for things such as product displays, garden centers and shopping carts, the City has not approved this type of outside storage of containers to function as additional stockroom or warehouse space in a retail/service district. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for the outside storage of ten storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition. If approved, the following conditions should apply: Planning Report—Wal-Mart September 28, 1999 Page 5 1. The outdoor storage shall be allowed only between September 15 and December 28 of each year. 2. There shall be no more than 10 storage containers and the containers shall be located within the fenced area south of the building. 3. The storage area shall be screened from view from the public right-of-way. 4. The applicant shall submit a site layout showing how the trailers will be situated within the garden center area. The layout shall be subject to the review and approval of the City Fire Marshal. 5. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. FINANCIAL OBLIGATION- I5-CU-12-08-99 Lot 1,Block 1,Town Centre 70, 11th Addition There are pay-off balances of special assessments totaling $-0- on the parcels proposed for the conditional use permits. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for the conditional use permits. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. These charges are collectible at time of subdivision of the property or issuance of the building permit. Acceptance of these charges is not a condition for approval of the conditional use permits. IMPROVEMENT USE RATE QUANTITY AMOUNT TOTAL � e r 0"i _._ r► an i C� ■, p�V m e • � 'L70r�J`a'� �o s. = "I if MIN LJL �.JLJ LJ LARK! © � A--`, Q�� nnnri LA oove�d -� . . l Current Zoning and Comprehensive Guide Plan City of Eagan Case No. 15-CU-12-08-99 Land Use Map ■`�! �lI will 7 unu uun nw •� �ja�� i ifi arra ■■■■....�� / . , Emma. CSC: ■■■.■.■. `'� s� ;.,. rrrrr■u .. p � m unu■r . nnu uuu uw •_ AWN � inalmoso � �� .�,•. �r�r■iii �.� 0101-111 iri■■i■i :C p• n ....mop ity* w E c THIS MAP 15 INTENDED FOR REFERENCE USE ONLY I • • f Camizilty - •- !=?iaiiie-aaietxsYttat 3f. ` ' li�l1-�Ilj�,'�� •� iI�E�IiI;�' !,ilii i t�i• �----..---...---_ ` io 6li3�sl:i3tl�iil�� 1 !� - TOWN CE r .� `+ lI�C iii9 - ............... ._.... .. ......... ........:.,.,, N of it !q !� [ •[['`'�'' '�fir,.:1 '.,'rte, ' � `^'�� _ � ';'�_ i �'-`...�-r.'�+.�� •.� ORS 1 If iIL , i ,m eo �.j I ; - r• iF4�i I illiii 3 !! (D Z r I • I' la 6 71 3� ok ir itA i Sit x'37 e I ytf itI i;i 2� i [is j1iC'-.; I€ A 'j� II p 3��3Et;jilli' i o�'IA ,—�� i! li ti1� �� tl � � . ,•... .t`__. �1 a-•L� ... a- �• �. P. -------- I m x - r •1 1v x l f( �;••• ��i',.l... � _ '. - .r,rY '• � � [,��j;i•`-t it{i�ijlS�f�lt� f / �ii-r��t C�Ji (�ti:l�ele �1 OC fill,li?ir.11;1 . 6 . . •._.__.-•--•--•-•........................•...DENMARK AVENUE =�= SITE PLAN` =1,Fit Agenda Information Memo October 5, 1999 Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT SE TECH CENTER)— OPUS NORTHWEST.LLC ACTION TO BE CONSIDERED: To recommend approval of a Planned Development Amendment for Lot 1,Block 1,Eagandale Center Industrial Park No. 15, (SE Tech Center)allow detached enclosure for trash storage, subject to the conditions listed in the APC minutes. FACTS: • In 1998, Opus received Final Planned Development approval for a 58,300 square foot single- story office/showroom on this site which has since been constructed. During the development review process in 1998, Opus indicated that all trash was expected to be stored inside the principal building and no outside trash storage area or enclosure was provided. H wever, Opus says the tenants are now requesting an outside dumpster storage area. • The proposed trash enclosure would be situated at the southwest corner of the site and appears to meet the performance standards identified in the City Code. The applicant has larified that the split face concrete block to be used for the trash enclosure is the same material used for the base of the existing building. • The Advisory Planning Commission had a public hearing on September 28, 1999 and recommended approval of the Planned Development Amendment, subject to th conditions listed in the APC minutes. ATTACHMENTS: September 28, 1999,APC Minutes ages VOMM& Staff report,pages 6 through 8' 7 Page 3 September 28, 1999 ADVISORY PLANNING COMMISSION ��; � ,�, PLANNED DEVELOPMENT AMENDMNET c! OPUS NORTHWEST, LLC Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment to allow construction of a detached trash enclosure at 3020 Denmark Avenue, legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 15, in the NE'/4 of Section 10. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated September 22, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak noted that the proposed trash enclosure appears to meet the City's performance standards. Ms. Dudziak also noted that the applicant had contacted her regarding a scheduling problem which prevented the applicant from appearing before the APC. Chair Heyl closed the public hearing. Chair Heyl suggested that in accordance with the applicant's design, that a fourth condition be added to read as follows: "The trash enclosure shall be constructed with split-faced concrete block to match the existing material on the principal building." Member Anderson moved, Member Miller seconded, a motion to recommend approval of Planned Development Amendment to allow construction of a detached trash enclosure at 3020 Denmark Avenue, legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 15, in the NE'/4 of Section 10, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property. 2. The trash enclosure shall be constructed to comply with the approved plans dated 8/2/99, last revised 9/20/99. 3. All outside storage of trash and recyclables shall be in proper containers within the enclosure, and the enclosure doors shall be closed at all times unless in use. Chair Heyl reiterated that her desire for the materials was in response to the commitment from the applicant.. All voted in favor. FF PLANNING REPORT CITY OF EAGAN REPORT DATE: September 22, 1999 CASE: 10-PA-03-08-99 APPLICANT: Opus Northwest, LLC HEARING DATE: September 28, 1999 PROPERTY OWNER: Opus Northwest, LLC PREPARED BY: Pamela Dudziak REQUEST: Planned Development Amendment LOCATION: 3020 Denmark Avenue COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST Opus Northwest, LLC is requesting a Planned Development Amendment to allow construction of a detached trash enclosure at 3020 Denmark Avenue, legally described as Lot 1,Block 1, Eagandale Center Industrial Park No. 15, in the NE '/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. BACKGROUND/HISTORY This property was platted in 1988 as part of Eagandale Center Industrial Park No. 9 and at the same time a Planned Development Agreement was executed which identified the allowable uses for this site to be office and office/industrial. In 1998, Opus replatted two lots of ECIP No. 9 as a single lot (Lot 1,Block 1)of ECIP No. 15, and at the same time received Final Planned Development approval for a 58,300 square foot single-story office/showroom which has since been constructed. Planning Report—Opus Northwest, LLC September 28, 1999 Page 2 The original development plan did not include an enclosure for outside storage of trash dumpsters. During the development review process in 1998,Opus indicated that all trash was expected to be stored inside the principal building and no outside trash storage area or enclosure was provided. However,the building has leased out to 100%office users and Opus says the office tenants are requesting an outside dumpster storage area. Since none was included in the approved development plans, an amendment to the PD Agreement is required. Opus has submitted a letter explaining their need and proposal for outside trash storage. The letter is attached. EXISTING CONDITIONS The site is developed with a single-story brick and glass office/showroom building containing 58,300 square feet. The building is situated at the southeast end of the lot with parking to the west. Driveway access to the site is provided both from Clubview Drive and Denmark Avenue. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Microtel and vacant, zoned PD (Planned Development), guided IND (Limited Industrial) South- U.S. Post Office, zoned I-1 (Limited Industrial), guided IND East - Office/warehouse (Lexington Commerce Center), zoned I-1, guided IND West - Homestead Village (hotel) and vacant, zoned PD, guided IND EVALUATION OF REQUEST Section 11.10, Subdivision 29.5 of the City Code identifies performance standards for the enclosure of trash and recyclables containers. This Planned Development for this site was based on the industrial zoning standards,which corresponds to the limited industrial comprehensive guide plan designation for the property. The following is a discussion of each of the proposal relative to these performance standards: 1. The enclosure shall have an impermeable floor sulface. The proposed location for the enclosure is on an existing bituminous surface. 2 The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB) general business (GB), roadside business (RB), community shopping center (CSC) regional shopping center(RSC) and research and development (RD) zoninjz districts. Not applicable. 3 The enclosure may be detached from the principal building in the residential multiple (R-4), limited industrial(I-1) general industrial(1-2) and business park(BP) zoning districts. The property was developed under the limited industrial designation and the proposed enclosure �O Planning Report—Opus Northwest, LLC September 28, 1999 Page 3 is detached from the principal building and located in the southwest corner of the parking lot. The applicant has indicated that this location is accessible, while it also minimizes conflict with vehicular movement within the site. 4. The enclosure shall satisfyprincipal structure setbacks required for the applicable zoning district. The proposed enclosure satisfies the minimum required principal structure setback from the Clubview Drive and Denmark Avenue rights-of-way of 30 feet. S. The enclosure shall be constructed of materials to match the exterior of the principal structure, with gates or doors having at least ninety percent(90%) opacity. The enclosure is proposed to be constructed of split face concrete block in a charcoal color to match the color of the principal building's brick. Although the proposed split face block is a different material from the principal building,which is brick, the applicant is proposing to match the color of the principal building. The gates are proposed to be prefinished metal to match the overhead doors on the principal building. 6. The enclosure shall be of sufficient size to enclose all trash and recyclables containers and shall be not less than six feet and not more than ten feet in height. The enclosure is proposed to be six feet in height and accommodate a 4-yard trash container and a 6-yard recycling container. Landscaping/Screening,—Existing landscaping consists of a few deciduous overstory trees in this corner of the site which were installed at the time of initial construction. The southwest corner of the site is also bermed which will provide some screening of the enclosure from off the site. Parking—The proposed trash enclosure will take the place of two existing parking stalls. The site does not fully satisfy the Code requirements for parking since the building has leased out at a higher ratio of office use than initially anticipated. However, on staffs visits to the site, there did not appear to be any shortage of parking. SUMMARY/CONCLUSION Opus Northwest, LLC is requesting a Planned Development Amendment to allow construction of a detached trash enclosure for the Southeast Tech Center at 3020 Denmark Avenue. The proposed trash enclosure appears to meet the performance standards identified in the City Code,with the exception that the enclosure is proposed to be constructed of split face concrete block rather than the same brick as the principal building. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for construction of a detached trash enclosure at 3020 Denmark Avenue, legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 15 in the NE '/4 of Section 10, subject to the following conditions. 1?j Planning Report—Opus Northwest, LLC September 28, 1999 Page 4 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property. 2. The trash enclosure shall be constructed to comply with the approved plans dated 8/2/99, last revised 9/20/99. 3. All outside storage of trash and recyclables shall be in proper containers within the enclosure, and the enclosure doors shall be closed at all times unless in use. i Eagan Boundary Location Ma Street Area Centerline Parcel Area � ■Building Footprint � t IF L t• t + ,t , � a . d ■ 00 t � r - ; Subject Site ■ �' t A a Ir f ■ • 'ark Y 0 �4 F� O 1000 0 1000 2000 Feet Development/Developer.. OPUS Northwest, LLC Application: PD Amendment Case No.: 10-PA-03-08-99rf,3D MapPi spw d using @RSI htc A w 1.1.Pared lasts nap simredm provided N by Dakota Comity lard Survey Departrrst and is curet as d Ans 1999. City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY WE tommsrrny D.vlepmeet Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 10-PA-03-08-99 Zoning MapQ PK 4141Current Zoning: PD Planned Development PD PD PD PD 1-1 � A S D s g C 4 41 w• • we 1200 F—t Comprehensive Guide Plan s Land Use Map o P IND IND IND asa.a. s p.oaa out ao. Current Land Use Designation: IND CPD Limited Industrial ' IND CPD IND IND • IND N• • 00• 1200 Feet 000- N Parcel rase rttorwtatlow Pruvided by Dakota Ceenty LNW S reey vsns. Z. IwbernatNn preMt'ad by Lawrence creep 1"00 lad updated by qty Stan. 41111-city of Eagan W+ E �tyD"cpRl *D!?�Ib/IE/tf THIS MAP a aunty INTENDED FOR*nmto*REFEREtko ccuUSE ONLY S The CN7r of Eagan and Dakota County do not yuwramloo tlto accuracy of this Information. �g �6 W W s � . i aU W � .o cn I a W I r � I � Z � 'le U Q v N o +\ L .0 I 1'04 m N YAy� lco N w U 43 Q o V i N a u o ♦\ n mai n 0 L- UJ W er Z W a 0 0 c j 3E 0 �! w_. E. E r t 'O Q � ? a zoo LLLJ " Q � o U Q O Q L' J Q O z p Q L' J O � O _J WLi Q >- N m CN u U p Q W Q � mtz Q x ~ W JL'iZ Q = Z �Y Of (f) JZ Q = Z W = OC = JF- a NO U W OZ Jr- a NO � U Q ?i QLAJ U Z � 0 C OW (.7 Z � LLJ J H � = O a W m (J) Q L'` J = Z Q m N Q ` J zQ NWZ LAJ _ »CD _ ° Q ¢ ao = » r O � < U N a -j LnJ z OD a: LJJOWOF- a J z mom' Q Q WLiIC) aQ zo mLi ,i Q LLJ F- � � -cc =) Ld OLj a_ w � L= QO ~ a W wVW- `j z o Q OJ p p Q cn Wp CD Qui O Q p LLJ t J m U O U m w E- LLJ > (n Q U m w ~ aZ � OLLJp O _ X Q �WaCD � W O _ X Ln LJJO UQ .- Lo r7 U-1 CL r) aca- U > 00U rl) LLJ a- >< Z Z N W d Q) Q O Z _ Z CD u . Q1 N O N t CD / C) >< UN C' � w J a Z f c I 6 6� a w c O C N Q - ly � O w g LTJ W O - O Q O - Z - = Q L i N � C p 4 > D > m O Y w0 > } � O � V- n �( n 0 � IL fl a U m U m I I I C7 1A ��-,L� � U I a \ Z c� W N \ /w vm Y a. \ W N O O q� c_� Q 0 a �W OS � o mg W J a CL�- r a �o z O O N N a a lS fh W t- 0 O � � L d N x z � m �t1 z Z w O _ p C 'a 6 � 6 wo W 6W' ca C3CA C 3 v o .0-,t > ohm Q � O 0 cm aE,o N tf ii cn p CC .a_.9 a, O c:+ Opus Northwest,LLC. OPUS. Opus Corporate Center Mailing Address 0, 10350 Bren Road West P0.Box 59110 Minnetonka,Minnesota 55343 Minneapolis,Minnesota 55459.0110 612-656.4444 Fax 612-656-4529 RECEIVED August 12, 1999 �luig99 BY: Ms. Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Pam: Opus Northwest is submitting an application for a Planned Development Amendment in order to permit the construction of a detached trash enclosure for the Southeast Tech Center building at 3020 Denmark Avenue. As you may recall, the project was originally conceived as an office showroom/warehouse with two drive-in doors. It was anticipated that trash would be retained within the warehouse areas of the building before pick-up. In actually the building has been leased to 100% office users who have no facilities for storing trash within their space. We have been requested by the tenants to provide an exterior trash location, which would provide space for two dumpsters. The accompanying plans show the proposed trash enclosure in the southwest corner of the parking lot. This location will provide minimal conflict with vehicular traffic. In addition, it will be screened by an existing berm and existing landscaping. The trash enclosure will be constructed of materials architecturally similar to the main building. The enclosure is being shown in a location detached from the building because there is no location adjacent . to the building that would be accessible. We would appreciate consideration of our request as soon as possible in order to expedite construction of the facility. Please feel free to contact me with any questions. Sincerely, Michele Foster Senior Director Real Estate Development Enclosure Opus Northwest,L.L.C.is an affiliate of the Opus Group of Companies—Architects,Contractors,Developers Atlanta,Austin,Chicago,Columbus,Dallas,Denver,Ft.Lauderdale,Houston,Indianapolis,Kansas City,Miami,Milwaukee,Minneapolis,Orange County,Orlando, Pensacola,Philadelphia,Phoenix,Portland,Sacramento,San Francisco,Seattle,Tampa,Washington D.C. Agenda Information Memo October 5, 1999 Eagan City Council Meeting D. PRELIMINARY SUBDIVISION (OAK CLIFF 9TH ADDITION) CEDAR CLIFF PROPERTIES,L.L.C. ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision entitled the"Oak Cliff 9th Addition"located south of Cliff Road and west of Slater Road upon property currently platted as Outlot A, Oak Cliff 8th Addition subject to the conditions listed in the APC meeting minutes. FACTS: ➢ The subject property was originally part of the Winkler/Jackson Planned Development that was originally approved in 1982 and granted a five year tension in 1987. In 1991, the adjacent Super America was developed while Penn Cycle which also borders the site was developed in 1995. The approved Prelimin Planned Development calls for the construction of a restaurant upon proposed Lot 1 and an unspecified retail commercial use upon proposed Lot 2. ➢ The proposed lots are undeveloped and were rough graded as part of previous area development. Oak Cliff Lane which presently bisects the property,was constructed as part of the Oak Cliff 7th Addition. ➢ Detailed development plans for Lots 1 and 2 have yet to be brought forward. When such plans are developed, they will be subject to the Final Planned Develop nent and building permit process. ➢ Proposed Lot 1 measures 1.1 acres in size and would contain an undetermined commercial use. Proposed Lot 2 measures 2.5 acres in size. ➢ At their regular meeting on September 28, 1999,the Advisory Planning Coinmission held a public hearing to consider the Preliminary Subdivision and recomme ided approval subject to the conditions listed in the APC meeting minutes. ATTACHMENTS (2): Minutes of the September 28, 1999-APC meeting,pages/Oahrough . Staff report,pages&2 through , l q Page 5 September 28, 1999 ADVISORY PLANNING COMMISSION �--' v PRELIMINARY SUBDIVISION CEDAR CLIFF PROPERTIES, LLC Chair Heyl opened the next public hearing of the evening regarding Preliminary Subdivision approval to allow the creation of a two lot single subdivision entitled "Oak Cliff 9`" Addition". The proposed subdivision overlays 3.6 acres of land located south of Cliff Road and west of Slater Road upon property currently platted as Outlot A, Oak Cliff 8`j' Addition. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated September 22, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. A resident delivered a letter to the APC and inquired as to specific items of concern. These items included preservation of trees, landscaping and lighting concerns. In response to questions from the Chair, Brad Shaffer stated that the trees would remain in conformance with a scenic easement given to the City. Mr. Kirmis noted that particular plans such as signage, lighting and landscaping would be reviewed as part of the final planned development prior to construction and that so long as the plans were in accordance with the preliminary planned development, the review would proceed directly to the City Council. In response to an inquiry from Chair Heyl, City Attorney Dougherty indicated that the APC could require that the plans normally associated with the Final Planned Development Agreement be delivered to the Homeowner's Association for review prior to City Council action. Chair Heyl closed the public hearing. Member Anderson moved, Member Tilley seconded, a motion to recommend approval of a Preliminary Subdivision approval to allow the creation of a two lot single subdivision entitled "Oak Cliff 9h Addition". The proposed subdivision overlays 3.6 acres of land located south of Cliff Road and west of Slater Road upon property currently platted as Outlot A, Oak Cliff 8" Addition, subject to the following amended conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Bl, Cl and El 2. Existing drainage and utility easements covering public utilities shall be maintained as part of this development. 3. As a condition of Final Subdivision approval, the scenic easement within proposed Lot 2 shall be recorded /0-0 Page6 , r^,� '^ rte, September 28, 1999 ' ADVISORY PLANNING COMNESSION 4. The applicant provide site plans, sign plans, landscaping plans and lighting plans to the Oak Cliff Ponds Homeowner's Association prior to City Council action on the Final Planned Development Agreement. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 22, 1999 CASE: 31-PS-18-08-99 APPLICANT: Cedar Cliff Properties, L.L.C. HEARING DATE: September 28, 1999 PROPERTY OWNERS:. PREPARED BY: Bob Kirmis BCM Family Limited Partnership REQUEST: Preliminary Subdivision LOCATION: South of Cliff Road and west of Slater Road(Outlot A, Oak Cliff 8`h Addition) COMPREHENSIVE PLAN: NB,Neighborhood Business ZONING: PD, Planned Development SUMMARY OF REQUEST Cedar Cliff Properties, L.L.C. is requesting Preliminary Subdivision approval to allow the creation of a two lot single subdivision entitled"Oak Cliff 9th Addition". The proposed subdivision overlays 3.6 acres of land located south of Cliff Road and west of Slater Road upon property currently platted as Outlot A, Oak Cliff 8' Addition. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that"In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. A. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. B. That the physical characteristics of the site including,but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,water storage and retention are such that the site is suitable for the type of development or use boa Planning Report—Oak Cliff 9th September 28, 1999 Page 2 contemplated. C. That the site physically is suitable for the proposed density of development. D. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. E. That the design of the subdivision or the type of improvements is not likely to cause health problems. F. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. G. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. H. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). I. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. J. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations,references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and-incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HfSTORY The subject property was originally part of the Winkler/Jackson Planned Development that was originally approved in 1982 and granted a five year extension in 1987. In 1991, the adjacent Super America was developed while Penn Cycle which also borders the site was developed in 1995. The approved Preliminary Planned Development calls for the construction of a restaurant upon proposed Lot 1 and an unspecified retail commercial use upon proposed Lot 2. 103 Planning Report—Oak Cliff 9th September 28, 1999 Page 3 EXISTING CONDITIONS The proposed lots are undeveloped and exist as a single outlot. The subject property was rough graded as part of previous area development. Oak Cliff Lane which presently bisects the property,was constructed as part of the Oak Cliff 7'Addition. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Cinnamon Ridge; zoned PD, Planned Development and designated D-IV,Mixed Residential (12+units/acre_ South - Commercial/Single Family Residential; zoned PD, Planned Development and designated NB,Neighborhood Business and D-II, Mixed Residential (0-6 units/acre). East - Super America/Amoco, zoned PD, Planned Development and designated NB, Neighborhood Business. West- Commercial, zoned PD, Planned Development and designated NB,Neighborhood Business. EVALUATION OF REQUEST Compatibility with Surrounding Area- The proposed subdivision is being pursued as a result of the applicants desire to sell that portion of the outlot lying south of Oak Cliff Lane. As part of the City Council's previous consideration(and approval) of the Planned Development it was determined that the proposed use was compatible with the surrounding area. Lots - As shown on the preliminary subdivision, two individual lots have been proposed. Proposed Lot 1 measures 1.1 acres in size and would contain an undetermined commercial use. Proposed Lot 2 measures 2.5 acres in size and is planned to accommodate an off-sale liquor store. Setbacks - The Zoning Code does not have specific setback requirements for a Planned Development. Both lots however hold an ability to meet setbacks which would be applied to similar uses in other zoning districts (i.e. the NB,Neighborhood Business zone) Development Plans -Detailed development plans for Lots 1 and 2 have yet to be brought forward. When such plans are developed,they will be subject to the Final Planned Development and building permit process. Grading - The site has been previously graded as part of surrounding development. Minimal grading will be required to prepare this site for further development. ` D Planning Report—Oak Cliff 9th September 28, 1999 Page 4 Storm Drainage - Existing storm sewer is available within the private street for connection by this development. Utilities - Sanitary sewer and water main of sufficient size, depth and capacity was constructed with previous development and is readily available for connection within the private street between Lots 1 and 2. Streets/Access/ Circulation -Access to Lots 1 and 2 is available from private streets within the Oak Cliff development. The private streets currently serve adjacent businesses and connect to Slater Road along the east edge of the site(full access) and Cliff Road along the north side of the development(right-in only). Easements/Permits/Ri t-of-Way-Existing drainage and utility easements covering public utilities should be.maintained as part of this development. As shown of the submitted preliminary subdivision, a scenic easement exists in the southeast corner of proposed Lot 2. As a condition of Final Subdivision approval, such easement should be recorded with the property. Water Quality/Wetlands—There are no jurisdictional wetlands upon the subject property. There are no jurisdictional wetlands within the development parcel. Parks and Trails -Future development on the property will be subject to a cash park and cash trail dedication at the time of building permit. SUMMARY/CONCLUSION The proposed two lot subdivision is considered compatible with existing and anticipated uses in the area. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision entitled "Oak Cliff 9th Addition" located south of Cliff Road and west of Slater Road upon property currently platted as Outlot A, Oak Cliff 8' Addition. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 C1 E1 Planning Report—Oak Cliff 9th September 28, 1999 Page 5 2. Existing drainage and utility easements covering public utilities shall be maintained as part of this development. 3. As a condition of Final Subdivision approval,the scenic easement within proposed Lot 2 shall be recorded. /D� STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading,'drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. Eagan Boundary treat Contedine :arcol Area don Map Building Footprint EI us Is �Y4 .WAR go © = p i 1 ■� • i�P'K Ll pip 1�►�i� © ©��° ave vQ ��i!i'�� o JAZ _ ��iia p,0� ,` Qld�`�1�I�I►000 u�::' � �� 25 ,,,► ,.. �� ■ r�� A. fir`" ` 0 WAR 0 men kip Development/Developer. Oak Cliff 9th Addition Application: Preliminary Subdivisio Case No.: 31-PS-18-08-99 . _.,• _ %/1111111� �►��, � Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 31-PS-18-08-99 Zoning Map D LS PD �► A LS PF PDPIK •,.111►i T- P ■ �� I.r � �■W �iM ii 1200 Feet googol .■■■■��i� ■■■R�� I■1■111 ■ � o CIS �i p ■■■■■��i SSI ■■■■■■ � it r+� ��, �j�� ■■� �,�i , ■■■■■��ii1 ■■■■■� ■11111 ■: 111M.provided by Dakota Cou.ty Land Survey ftportntent W&OW. 0 � _ .7 W O 7 �. U. _ LL t Q W 0 : 0 IL i 1, 15 d� ll • l _ . C 1 rcc c. � a. r Q� 11 m� !— ...... ff! H��-I�II�f� cc sll' r t AIN Af 19 1.4 Nil ff HIP q ii enjI 3 s oil 1 E 'ij 1 • I � I �� i �O _ �s1L i- S1v _ ;ail t ��I" ! ��r—�---- ,j, r•\`f �� I�soli\ :� � ' I ^7�. y`'h � tI I��. ,y LR bar•+ i � - ��''•F //• T ' _ 1 _ 7 I .l tirr- _r i i •i ,; a I1I,!''I�jl. t — —__ LJ �.,.`` ! C. � A `_' 'f � — I il� 3E!ola NOWtN1y19 In _ I I � I � i /�/ PRELIMINARY SUBDIVISION FINANCIAL OBLIGATION—OAK CLIFF 9TH There are pay-off balances of special assessments totaling $29,614 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Water lateral C/I $5.75/F.F. 332 F.F. $1,909 Water Availability Charge C/I $3,030/Ac 3.6 Ac $10,908 TOTAL $12,817 l�� K 11i1i 11i1i 11i1i 1�1�1 ,d ��1i4C»•�Si♦ti'•: ♦11VNi.tea-. ii :r.i • a ►� '� 400. elisisi►ssic;r,��si(<;!� a1 .1...�� 0!0:.64 f :91•. 4,0,n{i•ia•►�s a•1.11c.�-. .� ... O.r p1�X14 L1o1o ►v � ♦1*011.11911J,0�,., �� *�j• 5111101.11111'Cw��s+t,:,4��1C:,'`,•y��`# `l.i'ri �i11111111s1i�1~tl,N��'j11��•.1��_.:.�� If ►•�1.000.01011i�'1'•11,,1�1�-PE S!,y @�, ��11.x.�i.��t.L_ _ 1!0.OJO►� ' 'a0101••01.1��3l��sT s s'v�:�1��0��Y ryt�1�11�ei��iyt�l laC� nt'tf.;S. ! : 1 r4��11�1'tyi�1111t��11,►��1�1.1.11111vC �A111�i{ >14vt1�1Js1f,{ 1AC'�1011p�jee9j1y1j{1('y1111111{11111y�{ iM 't11t�i140f�11111`11141011111e11011('t4t�{V . _'►••111.11111,►11111111�• �, - I - 1111A114y��1111t1ip11e11111111111,' t r.:�.R �'1�i11.1/11t1s1s1110♦ 1, �i1��1��•�•:rQ►.l��%y�i�.( �•1.1111.111t01Q41'L�1j11111011't1111,�� 1:1:1:1:0:1.�R:0::SOf* f*OOi r!jet 147�1�t�1�1�1:f:�A1:1:1:1:1�1:1OA` w�s��•s��s�sr�i �i11wA111t�11111111111A1111e110111111t�� •1.10001et�y'0100:1v j.�y��. r�a1111111/1011y1j1j1{1011111e10e/1101•�' 1w•�1C1�(�i1�1.1�101101111^��Ia�.OQ�.�1�•1�.�•.� ! , _—"---•-- •�.111sa•••11• 11`0011101=111.111011?i•��{c 01010��i�s10s1000��10110(► ��v'1111�11111♦�� r• 11�1111111111110�►5�0�0•w0( �1.}slst�lsssw"saeli'?"slisi:. �l a a v t 1111�,10i1E�o..1011 � a D A • DATE W CQ CITY OF EAGAN NEW X _ON SALE FEE 3830 PILOT KNOB ROAD �. RENEWAL 2LOFF SALE FEE EAGAN, MINNESOTA 55122 'J✓ TEMPORARY TEMPORARY FEE$25.00 PLEASE PRINT,,// APPLICATION FOR MALT LIQUOR LICENSE _ A_PP_LICANT OWNER's NAME Address (9 0� (� Q t}IL « )a -Ii- (Middle) (Last) ~ (First) (Middle) Address Lia PA 6s (Street) (PC), (Street) J _ (City) I (State) (zip) (City) (State) (Zip) Phone tOU I - �I_ �S Birthdate Phone _ Birthdate DBA NAME X w t `L 71-1 MANAGER'S NAME Address (Last) (First) (Middle) 1 yS �y ��C;* (� Address (Street) (Street) (City) (State) (Zip) (City) (State) (zip) Phone �' 1 (ani - �}9 Phone Birthdate HEREBY APPLIES FOR MALT LIQUOR LICENSE for the year 19 9 9 a&Ij J ,from, /0 1 /r)<, to / onth) (date) (month) (date) Event:- N�/- (mLocation: (fo temporary license) (Address) STRONG BEER: Yes N No Applicants who have an on-sale wine license,and have 50%gross earnings from food,may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor liability insurance. Are you the actual proprietort Yes 00 No( ) Are you the owner of the property of the business location? Yes(�J No Has any other license of this kind been granted to you? Yes()I No( ) Where (City) (Year) Are any taxes,assessments or utility bills for the premises unpaid or delinquent? Yes( ) No(/ If yes.give reason During the past year,has a summons been issued under the Liquor Civil Liability Law MS 340A 802? Yes O No If yes,attach summary copy Have you ever been convicted? Yes( ) No((X City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes( ) No A. If yes,please attach a listing of complete names,dates of birth,addresses and telephone numbers of everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS,WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I(we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND:BELIEF. L AUTHORIZED SIGNATURE L�11_?'"k- )L'-z;. (First) (Full Middle) (Last) POLICE J APPR L: Y FOR CITY USE ONLY NO( ) SIGNED DATED CITY COUNCIL APPROVAL YES( ) NO( ) SIGNED DATED. i CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 —June 30 (651) 681-4600 FAX: (651) 681-4612 HOLIDAY STATIONSTORES, INC. hereby submits application for a Service Station Permit. Name of Applicant: HOLIDAY STATIONSTORES, INC. Street Address: 4567 west 80th Street City, State, Zip: Minneapolis, MN 55437 Telephone Number: (612)830-8700 Location of station if different from above address: Holiday Stationstore #318 3044 Holida Lane Eagan, MN 5121 MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. i tl NEEMEN City of Eagan 00 5 Fee. 12 . 3830 Pilot Knob Road APPLICATION FOR LICENSE Fe Fe Eagan,MN S5122-1897 TREE MAINTENANCE CONTRACTOR License$2 .00 For bdividual, partnersbip or corporation cubo cut, trim, prune, remove spray or treat trees. I, l't ►^,t c s..- beret make y application for a TREE MAINTENANCE CONTRACTOR IkeM for the year q 9 Thom the City of Eagan. OWNER: Ts ADDRESS: 76!,D W,,/�- /,-/b i-i- 5/ Mow —4wA L411,�, glq BUSINESS ,/ l (city) (state) (1p) NAME: (�a 1 C r /let Scrti car i"�.ADDRESS- 76 oo 6U'e,� I L16 A S}' PHONE I - ,jq — (Weet) LI n ver 11 fi�i�l 5-1 Z Ll EMPLOYEES PERFORMING TREE MAINTENANCE: (state) (sip) Namr P,/., p A N (fit) (middle) l/ (last) Name~ ref- F� (tint) (middle) Cry (middle) (fit) Name: (fit) (middle) (last) Name: (first) (middle) (last) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE: 2-7 (same) y4((Tear) (make) (model) (license number) lz;�d (acme) (year) (make) (model) (license number) (name) (year) (make) (model) (license number) (ATTACH ADDITIONAL VEHICLE INFORMATION) EQUIPMENT USED FOR TREE MAINTENANCE: (e.g.,stump grinder, brusb clipper,Chaim""#sprayer,etc.) p (name) (function) (same) (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) REFERENCES OF PREVIOUS CLIENTS: (tee) (Address) {PboM (name) (address) REQUIRED DOCUbff.NTATION: lAbWty insurance is the Mlowing amowdr. • $100,000 bbr bodily Injuries to one person limo one seddent. • $300,000 for Injury of two or core persons • $200,000 for damage or destruction of property Iasurance any rat be eanceled by insurer sakes dere b 10 days written sotke to the city. Tf insurance b canoded,Hama and replace with another polky which conforms to ordinance requirements. The ticeme b suspended until Insurance k replaced, 2. Worker's compensation insurance certificate-when such insurance b required by state statute. 3. Certlfka Min to ent n a ons tkide plical st be ed y or employee admiaktering ch Lances. SIGNATURE OF APPUCANT: (signature) (title) (date) OFFICE USE: Date Paid: Amoemt reodved: Recdpt 0: City Coasca Approval: (date)