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11/03/1997 - City Council Regular
C AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 3,1997 6:30 P.M. I. ROLL CALL&PLEDGE OF ALLEGIANCE IL ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS(BLUE) V. CONSENT AGENDA(PINK) A. PERSONNEL ITEMS P• B. RESOLUTION approving exemption from lawful gambling license,South Metro Chapter/ Minnesota Deer Hunters Association to conduct a raffle on February 27,1998 at Royal Cliff �• C. WAIVER OF SUBDIVISION for a duplex lot split to allow individual ownership for Lot 1,Block p 11 Wescott Hills 5th Addition,John B.Mahoney 1 10 D. FINAL SUBDIVISION,Opus Corporation for Eagan Promenade Third Addition l 2 E. RESOLUTION regarding continued participation in the Livable Communities Program 10 F. SET PUBLIC HEARING,Cedarvale Special Service District 1998 Budget f ,( G. CONTRACT 97-13,receive bids/award contract,Southern Lakes/Inver Grove Heights(Trunk Utilities) P H. CONTRACT 9801,approve plans/order ad for bids(Southern Lakes Water Tower) V 2-(0 I. CONTRACT 97-10,receive bids/award contract,TH 149&Lone Oak Parkway(Signalization) J CONTRACT 97-15,approve Change Order No.1,Murphy Parkway(Watermain Improvements) •Z K. CONTRACT 96-20,approve final payment/authorize City maintenance,Eagan Central Area Z (Lighting Improvement) L. CONTRACT 95-LL,extend completion date of development agreement,Eagan Heights Town Homes 16t Addition ^ M. CONTRACT 96-01,approve Changer Order No.5,EagandaIe Corporate Center Phase I(Street& f),"� Utility Improvements) N3: PROJECT 687,receive final assessment roll/order public hearing,Biscayne Avenue(Street& Utility Improvements) 7:00-PUBLIC HEARINGS(SALMON) Due to the excess levy referendum that School District 191 will be holding on November 4, the November 4 regular City Council meeting was rescheduled to November 3 and all public hearings originally scheduled for November 4 have been rescheduled to November 18 VII. OLD BUSINESS(ORCHID) A. CONDITIONAL USE PERMIT,Dart Transit,to allow off-site outdoor storage of semi-trailers on property located west of Highway 149 and south of Starks restaurant in the NW 14 of Section 12 VIII. NEW BUSINESS(TAN) n A. CONDITIONAL USE PERMIT,Jerry's Garden Center,to allow seasonal sales on Lot 1,Block 1, ,{• Town Centre 70 Eleventh Addition(Wal-Mart),located on Town Centre Drive in the NW 1/4 of �1 Section 15 B. CONDITIONAL USE PERMIT,Jerry's Garden Center„to allow seasonal sales on Lots 1 and 2, Block 1,Hadler Park,located on Cliff Road and Rahn Way on the west side of Walgreens in the NE 1/4 of Section 31 C. CONDITIONAL USE PERMIT,Eagan Evangelical Covenant Church,to allow seasonal sales on Lot 1,Block 1,Eagan Evangelical Church,located at 4100 Lexington Way in the SW 1/4 of Section 23 INTERIM USE PERMIT,Eagan Evangelical Covenant Church,to allow seasonal sales on 2.42 Agriculture zoned unplatted property,located on the southwest corner of Cliff Road and Dodd Road in the NW 1/l of Section 36 E. CONDITIONAL USE PERMIT,D.G.Enterprises,to allow outdoor storage on Lot 1,Block 1,Tan Me Industrial Park,located on Sun Drive in the SE 1/4 of Section 8 3F. CONDITIONAL USE PERMIT,R.J.Ryan Construction,to allow a trucking facility(Mats,Inc.)on I / Lot 3,Block 2,Eagandale Corporate Center,located on Aldrin Drive in the SE 1/4 of Sectionil G. CONDITIONAL USE PERMIT,Minnwest Bank,for Outlot A,Town Centre 100 Sixteenth Addition for a bank with a drive through,located on the comer of O'Leary Lane and Yankee Doodle Road in the NE 1/4 of Section 15 /_�H. REZONING,Springbrook Corporation,of approximately 2.06 acres from A(Agriculture)to R-1 n� V° (Single Family)and a PRELIAf NARY SUBDIVISION(Murphy Farm 2nd Addition)consisting of five single family lots,located on the east side of Murphy Parkway,north of Deerwood Drive and west of I-35E in the NW 1/4 of Section 21 t Q ! I. PRELIMINARY SUBDIVISION,Kennedy Transmission,(Town Centre 70 Twentieth Addition) (C� consisting of approximately.72 acres and one lot and a CONDITIONAL USE PERMIT to allow a Kennedy Transmission facility,located on the west side of Denmark Avenue behind Wal-Mart in the NW 1/4 of Section 15 J. ORDINANCE AMENDMENT,City of Eagan,to City Code Section 11.20 Subd.22(C)regarding schools in Business Park districts and by adopting by reference Eagan City Code Chapter 1 and `r Section 11.99 IX. LEGISLAT MISITERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT )(III. 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 10/31/97-8:05 a.m. Yj MEMO city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 31, 1997 SUBJECT: AGENDA INFORMATION MEMO FOR NOVEMBER 3, 1997 EAGAN CITY COUNCIL MEETING After approval of the November 3, 1997 City Council agenda and the regular City Council meeting minutes for the October 21, 1997 regular Council meeting, the following items are in order for consideration. MINUTES OF A REGULAR MEETING OF THE ;.October 21,1997 A regular meeting of the Eagan Citjrpuncil was held;ott'Tuesday,October 21,1997 at 6:30 p.m. at the Eagan Municipal Center. Present werelVypr.Egay� aiouncilmembers Wachter,Awada,Masin and Blomquist. Also present were City Admiiifs€rafi'...-T : Iedges,Senior Planner Mike Ridley,Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. �GENDA City Administrator Hedges stated tli .... y.-- pag-Might want to consider a couple of the items on the Administrative Agenda at theifiirie a ***.i tici Tread Business. Councilmember Wachter moved,Councilmember Awak4seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OFTHE OL'TOBER 9',' '9�-REGULAR MEETING Councilmember Blomquist moved,Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 IIIVU'TES DF THFs3QCTOBER x,1997 SPECIAL MEETING Councilmember Blomquist moved,Cbnirici..... per Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 OF THE SEPTFJ&gk—'10 1 SPECIAL MEETING Director of Public Works Colbert i�sicec:'the Council to clarify if their intent with regard to Project 715 was to have the final assessment roll prepared based on the estimate contained in the feasibility report presented at the public hearing or to prepare it according to the minutes. Councilmembers concurred that the final assessment roll should be prepared according to the feasibility report and agreed that on page:,5;:.*e;third;*mtence: :the third paragraph under Special Assessment Policy for Projects 714 and 7I3 :s ii�iitld:t e;i iAi g�;:as follows,"After reviewing the reasons for the increase,City Councilmembers directed the DA-blic Works.Director to prepare the final assessment roll for Project 715,based on the estimate contained in;fj#e feasibili.fyxeport presented at the original public hearing". Councilmember Blomquist moved,Councilmember WiftTiter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 [?EPARTMENTAEAD BUSINESS APPROVE CONVENTION AND VISTTft$BUREAU BUDGET City Administrator Hedges prow { ;ai#:t?�re�. c3L: item. Ann Carlon,Executive Director with the Eagan Convention and Visitors Bricii cdtiiierifett oii the economic impact the hospitality industry has had on the City of Eagan this past year. She mepiaoned that two new hotels are planned to be opened in the City in the near future. Mayor Egan stated W-4the hospitality industry is very successful and everyone is a benefactor in the City. He addedi iat it enhances the quality of life in Eagan. Councilmember Blomquist thanked Ms.Carlon for her efforts and hard work. EAGAN CITY COUNCIL MEB•I'ING MINUTES;OCFOBER 21,1997 PAGE 2 Councilmember Masin moved,Councilmember Wachter seconded a motion to approve the 1998 fiscal year Convention and Visitors Bureau budget. Aye: 5 I4ay;'0 3MINL4' NDA FIRE ADMINISTRATION BUILDING COMMUNICATIONS USES City Administrator Hedges provided an overview on this item. Councilmember Awada suggested that this item be discussed in :at;a:£t�JnM.Special City Council meeting. Councilmembers concurred. �ONSENT.AGENDA" In regard to Item 1A,Personnel Ite „R 1dbdtiQrt:0 a Freese,Senior Planner, City Administrator Hedges recognized Ms.Freese46r"fier cdifi . tibris to the City and stated that she was very involved with the Eagan Promenade project and the direction she provided will be missed. Mayor Egan stated that Ms.Freese has provided professional input and analysis to the City. In regard to Item J,Contract 96-01,approve Change Order No.5(Eagandale Corporate Center Phase I-Street&Utilih,Improvements),Director of Public Works Colbert noted that there may be a potential discrepancy with the change or&ifi i hd he..requested the item be continued indefinitely. Councilmembers agreed to a continuance. In regard to Item M,Project 724 receiyLi4e ort a ro%t ro•ect order plans Southern Lakes Water Tower),Councilmember Wachter asked;tip. ,s;:A"ik'"iarq to make a determination regarding the g1pe of water tower. Director of Public Wp;1cs;�0 tt'okplained that there are two primary designs that are being considered and he presented pi'tiiis2s'of each. Tom Roushar,Bonestroo,Rosene,Anderlik& Associates,commented that the third design option that is not being pursued is the legged tower. He said the construction of this tower would probably result in savings of 10% initially but the maintenance costs would be far greater than the other two designs. He explained the advantages of the other two designs. Director of Public Works Colbert noted that bids will be obtained for two of the three designs and detailed plans and specifications will be presented tp,:1111111 t- Council at the next City Council meeting. In regard to Item N,Project 95-FFF,find developer in dd Ault of development agreement(DeLosh Addition),Councilmember Blomquist stated that sh ; as conciied about the City not being able to work with the developer regarding this developmeii#;:the questioned if this was the old DeLosh Addition. Director of Public Works Colbert explain4that t 3§*:a new subdivision of the old DeLosh property. A. Personnel Items Item 1. It was recommended to accept the resignation from Lisa;Freese,Senior Planner in the Community Development Department. Item 2. It was recommended to accept the':eitox-d nartiti*"'*lk»m Linda Marlin,part-time Receptionist for the Police Department. Item 3. It was recommended to approve the hiring of Michel'e:kitabe as a part-time seasonal Skating Instructor. Item 4. It was recommended to approve the hiring of Melissa Berg as a part-time seasonal Skating Assistant for the Civic Arena. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 21,1997 PAGE 3 Item 5. It was recommended to approve the-hiring of Jennifer Hoops as a temporary Computer Design Intern for the Parks Planner/Landscape Area. Item 6. Informational only. The name of the peW Jai: ie diea for the part-time Dispatcher in the Police Department is Mary Jo Eilers and the name of the person to be hired for the part-time Building Maintenance Worker is Eric Hollo. B. Set public hearing,final assessment of delinquent weed cutting false alarm and garbage pick up clean up bills. It was recommended to set a pu 18,1997 to consider the final assessment of the delinquent weed cutting;fa)se'aarrttii 'garliir pick up/clean up bills and certify them to Dakota County for collection with property-,jaies. C. A rove City Investment Polia. It was reconIftiWed to a i.. ve the City Investment Policy. D. Approve 1997 General Fund Budget ad 'sfinents axid:li�fir from 5Muy TIF Fund. It was recommended to approve the 1997 General Fund Budget adjustments and to amend the Sperry TIF budget and authorize the transfer of the fund balance to the General Fund. E. ARprove Police Liaison Services A-greement. School District#197 and the Cities of Eagan,Mendota Heights and West St.Paul. It was recommended to approve the Police Liaison Services Agreement: School District#197 and the Cities of Eagan Iv# iiota Heights and West St.Paul. F. Confirmation of Findings of Fact Conclusions*Resoiutinri-of Denial Northwestern Mutual Life Insurance Com any variance for a reduction irit�e amou,0 of. Vzation required by the Tree Preservation Ordinance for Lot 3 Block 1,Eagaale{7€fice:f'iirk 3rd Addition. It was recommended to confirm the Findings of Fact,Conclusions attdteSAjution of Denial of a variance request for the reduction in the amount of mitigation required by the' `iee Preservation Ordinance for the removal of trees on Lot 3, Block 1,Eagandale Office Park 3rd Addition located in the northeast quarter of Section 3. G. Purchase agreements,.Highway 55 Redevelopment District,Dennis and Linnea Klingel,2795 Linde Lane and 912 Lawrence Avenue, and James and Joann Loewen,2779 Linde Lane It was recommended to approve purchase agreements as part of t€te:�?ighWW.Y.85;Re.d vyel,opment District for Dennis and Linnea Khngel in the amount of$175,000 for prop ty:at d1 L w�eiti.....ennis and Linea Klingel and Nets Linde in the amount of$180,000 for property at 2795:�-Jnde Lane-and James and Joann Loewen in the amount of$115,000 for property located at 2799 Lin&i ane. H. Recommendation Airport Relations Commission helimirtjicomments on extension of Runway 4- 22 for Hong Kon non-sto service. It was recommended to approve a recommendation by the Airport Relations Commission in response to the scoping document for the Runway 4/22 extension and environmental assessment relative to non-stop Hong Kong service from Minneapolis/St.Paul. 1. Project 711 receive final assessment roll Denmark Avenue U Centre 70-Sidewalk . It was recommended to approve the final assessment roll for Project (Denmark Avenue and Town Centre 70 -Sidewalk)and authorize its certification to;Da.ata.CountX,for collection. J. Contract 96-01,approve Change Order ale'6'rporate Center Phase I Street&Utility Improvements]. It was recommended to approve Change Ordor:No.5 to Contract 96-01 (Eagandale Corporate Center Phase I-Street and Utility Improvements)0"*'*'*'authorize the Mayor and City Clerk to execute all related documents. (This item was continued indefinitely.) EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 21,1997 PAGE 4 K. Contract 95-DD acknowledge comp led"/authorize Ci , nMtenance Cliff Lake Shores-Utility Improvements). It was recommended to a*cnowledge the completion of Contract 95-DD(Cliff Lake Shores Addition-Utilities)and authorize pq tual City maixiteri nce subject to warranty provisions. X. L. Project 688, amend wending,assessment roll'' 4,11 : oWporate Center It was recommended to amend the pending assessment roll for Project 688(Eagaindale Corporate Center-Streets&Utilities). M. Project 724 receive report/approve proiectlorder,plans(Southern Lakes Water Tower). It was recommended to receive the feasibility report and approve Project 724(Southern Lakes Water Tower)and authorize the preparation of detailed plano:4iici siettittr&.:;£ puncilmembers Wachter and Blomquist opposed this item.} N. Project 95-FFF find developgr in default of develop ment agTeement eLosh Addition), It was recommended to find the developer Wayne Brekk K.;-D Projecf:4�FFF(DeLosh Addition)in default of the development agreement with the City 4t:1 a$"n'-J"t;:to:a*tl Ovze City staff to draw upon the developer's Letter of Credit to correct the detiei'encies. O. Contract 96-02, approve final Rg4,mentlauthorize City maintenance fWell No. 18-Site Improvementsl. It was recommended to approve the final payment for Contract 96-02(Well No.18-Site Improvements)in the amount of$12,879.34 to Brown&Cris,Inc.,and to accept the improvement for perpetual City maintenance subject to warn%nty*provisions. Councilmember Aw•ada moved,Couiiciiier:Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PURL �Il�1G�':•. PROJECT 668,LONE OAK ARMSTRONG THROUGH TH 55/149) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Mark Hanson of Bonestroo,Rosene,Anderlik&Associates,Inc. Mr.Hanson provided the details cif te;pxoject.,..Ivka}o ..Egan noted that Dakota County Engineer Dave Everds and County Commissioner-Va; itX: p 4 te:ptesent at the meeting. Councilmember Masin stated that it would be safer to construct a brifte to accommodate the railroad crossing. Mr. Hanson explained the cost savings that would resulfiKconstru li ng an at-grade crossing rather than a bridge. Director of Public Works Colbert provided f4kilier ratioiWe for constructing an at-grade crossing versus a bridge stating that an at-grade crossing wili 64 safer s'fi;[O signals and crossarms will also be installed and a bridge will create site distance restrictions for adjacent industrial accesses. Mayor Egan opened the public hearing to anyone wishing to speak. Brian Hanes,a resident on the east side of Highway 55,stated he was concerned about the impact of this project on the residents and on the storm sewer system,:4he project cost and the steepness of the sides of the pond. Public Works Director Colbert explained tlit:fhere will be no restriction to his driveway access. He added that easements may need to be acquired from him to accommodate the transition to the existing road and that these i i e;st ?e:r�?g ck to his driveway during construction. He further added that there are no assessin�t�i4:`..t si i Ito' property under this project because he is beyond the scope of the permanent improvement. John Wynseg,a resident on the south end of Lone Oalt'kt ad,asked about the grade of the road in front of his property and whether he could have another driveway access. Public Works Director Colbert indicated that the project is not proposed to extend across the front of his property and it would not be possible to get another driveway access onto Lone Oak Road because of the proximity to the existing EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 21,1997 PAGE 5 access. He added that they try to consoli6#as many access poii as possible rather than granting new ones. Mr.Wynseg said he hopes the corner.4..Lone Oak Road and Highway 55 will be designed correctly to diminish the number of accidents that are:;kcurring thereai.i 6% time. Walter Muehlegger 715 Lone Oak Road;as#sik!lafiimprovements are proposed in front of his property and the impact to his driveway. Public Works Director Colbert explained that there is no significant construction planned in front of his house and the construction is not proposed to impact his driveway. Mr.Muehlegger stated that there is a knoll to the east of him that creates a safety problem. Public Works Director Colbert noted that the continuation of the improvement to Lone Oak Road is programmed for sometime within the next;fre + Rrsaiic E side:instances will be improved. Mr. Muehlegger asked if his home will be acquiiec�'�iy'tE$ 'ity'�vfieti: one Oak Road is widened in the future. Public Works Director Colbert said that if Lone Oak-*3k d is wiileried in the future there is not enough right-of-way on his property to accommodate the ultimate des*a section and there will need to be acquisition of land from him but it should not r use#ire his house. Mr.Muehlegger stated that there were drawings that indicated the ri '�v' d ht through his garage. Public Works g g.:.: ... 3� ..iQ g g g Director Colbert indicated that the early g ation of preliiiiiiiary right-of-way drawings were based on alignment and typical cross-sections and would be refined in final design. He added that the City is trying to project a long-term alignment that will not impact the structures of the homes in the area. Mr. Muehlegger asked if the City would be removing the houses in this area since this is a commercial park area now. City Administrator Hedges stated that this area is east of the economic development and TIF district. Bob Burrows,property owner at Lone'Oaic Roamd Lunar Lane,asked what will happen to Lunar Lame. Public Works Director Colbert explained the-Mposcd impact to Lunar Lane. Gary Santoorjian,Dart Transit,asked if:thdy: ive-nght-in/right-out access for their employee parking lot. Public Works Dir staffed that there will be full access for truck traffic and a right-in/right-out access for the employee parking. Mr.Santoorjian said they support the at-grade crossing because it will accommodate their trucks better and more safely. There being no one else wishing to speak,Mayor Egan turned the discussion back to the Council. Councilmember Masin questioned putting in an at-grade crossing in the middle of a major street. She said this presents safety and convenience;p)rp).i.le#ts ..... i e� tber Wachter added that a bridge would be too costly to construct. Mayor Egan cdht�tiiiec#sti tii tliat:ike"':at-grade crossing is the best solution. Councilmember Wachter moved,Councilmeii6fier Awada seconded a motion to close the public hearing and approve Project 668,Lone Oak Road(Neit:Arms TH 55/149). Aye: 4 Nay: 1 (Councilmember Masin opposed) Councilmember Masin stated the reason she voted against this item was because she is not comfortable with installing an at-grade crossing. Councilmember Awada said that when Lone Oak Road is expanded in the future the City should determine if the houses in this neighborhood should remain there or be removed. PROJECT 700,FINAL ASSESSMENT.RF,.AMNG.(HALL;ST.&TH 3 SERVICE RD.-UTILITIES) City Administrator Hedges provided aii o3erview'oii'd&item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to:"one wishing to speak. David Kohlhoff,4880 Dodd Road,stated that the options for subdividing his property were informative but he added that they do not have any plans to subdivide the property in the future. Councilmember Blomquist stated that three of the options require Mr.Kohlhoff to connect to water and EAGAN CITY COUNCIL IAEETING MINUTES,OCTOBER 21,1997 PAGE 6 sewer which is not what they want to do aif:tihiis time. She said try do not benefit at this time. She further said they would receive more benefit-from connecting to:utilities installed along Dodd Road. Councilmember Awada noted that sadxetldciaw•ings of possible subdivision options to determine where a logical lot split could occur aiiil} ei=iy:lie'property owners would obtain their utilities from. She noted that the Kohlhoffs could potentially have three buildable lots. Heidi Kohlhoff asked if they could defer the assessment until the property is subdivided. Mayor Egan stated that the discussion at the last City.Council meeting was focused on creating a fair deferment for their property. There being no one elseetvj : i; # :finned the discussion back to the Council. 5#? ...:... Discussion occurred on where the lot split should occuY,.:Councilmember Blomquist noted that the Council is trying to determine where lots will boe;ii3*ated on:;t#j Kohlhoff property which may never occur. She said that since the Kohlhoffs tak�a>~tes's.:bff?T oti d;hoed the assessment should be deferred until such time that development of the property or coniteefioii occurs. She further said they should be assessed according to the prevailing rates at the time of the assessment,subject to the establishment of benefit. Councilmember Blomquist moved,Councilmember Masin seconded a motion to defer the assessment to Parcel 032-03 until developir'tent of the property or connection to utilities occurs on the lot, subject to an agreement with the property'q 5 Nay: 0 Public Works Director Colbert suggeste4:an agrdeiiieritb..prepared outlining the conditions of the deferment. Mayor Egan concurred. City Afli rney S iPld i ;f'ted that the Council has the ability to assess and defer undeveloped property absent i n-& • e..... if biit since this property is already developed it is necessary to defer the assessment by=V. @ht. Councilmember Wachter added that if their well or septic fails they will have to connect to fit jr utilities. Councilmember Awada moved,Councilmember Masin seconded a motion to close the public hearing and approve Project 700(Hall Street&Hwy.3 Service Road-Utilities)as modified and authorize its certification to Dakota County. Aye: 5 Nay: 0 WUTHERING HEIGHTSibAD DikINAGE ISSUE City Administrator Hedges provided an oveiwiew on".item. Director of Public Works Colbert gave a staff report. Charlotte Sommers,2135 Wuthering Heights Road,stated that she does not understand why the Public Works Committee is recommending Option#4. She said that her concerns have been reduced to a private drainage and erosion problem. She further said that other neighbors are affected by this problem too. She stated that the City should be responsible for correcting the situation. Councilmember Wachter said that this situation is a poi to matter because it involves her private driveway. He suggested that if her neighbors wAnt,the.road improved they should sign a petition requesting the improvements. He stated .. :riot resolve disputes between neighbors. Councilmember Awada concurred. Mayor Egd 'ad ed'ttiat'Ms Sommers may need to seek legal action to resolve this dispute. Councilmember Masin questioned why Ms.Sommers is experiencing this erosion problem. Public Works Director Colbert provided clarification. EAGAN CITY COUNCIL MEETING MINR=;OCTOBER 21,1997 PAGE 7 Betty Basset,2101 Wuthering Heigts Road,provided aistory on the neighborhood stating that Wuthering Heights Road is a private road and the majority of the neighbors do not want the road improved. Councilmember Wachter moved,CoutigieFi##k ::1#3bmquist seconded a motion to approve the Public Works Committee recommendation reaffirming the private nature of the erosion problems at 2135 Wuthering Heights Road with no City action to be taken. Aye: 5 Nay: 0 REVIEW DAKOTA COUNTY 5-YEAR CAPITAL IMPROVEMENT PROGRAM(1998-2002) City Administrator Hedges provider'ari tiieiv oii't : tem. Director of Public Works Colbert gave a staff report noting that there are two issues for the Couw to resolve: the upgrade to Cliff Road from ChesMar to Lexington and the extension of Lone;Oak Rogid.from TH 55-County Road 63 in Inver Grove Heights. Councilmember Awada asked hocv-iyiportant ifs to'construct the extension of Lone Oak Road in conjunction with Inver Grove Heights or if it could be done at different intervals. Dakota County Engineer Dave Everds stated that Inver Grove Heights has other things going on at this time and are limited in their financing until the year 2000. He said the County would prefer to construct both segments at the same time in the year 2000. Councilmember Awada added that she would like to let the people who live in the area know when ta;expect the extension. Councilmember Masin stated that she'is*co'i *'ed:yuith the timing of the improvement at Diffley and Rahn Road. She further stated that a signar:is needed:kiidAe asked when it will be installed. Public Works Director Colbert explained that the Cows y has started:::q analyze that intersection and would like to meet with the City Council at a work session:6* :d te-iiW —w:*::at option should be pursued. He said it is the number one intersection in Dakota Co�ityediiig signalization. He further said the recommendation is to carry the study intq.A'0 8 and the results will determine when construction should be programmed,if feasible. Councilmember Wachter stated he does not object to the upgrade to Cliff Road in 1998 or the extension of Lone Oak Road in 2000. Mayor Egan noted that a letter Was-Feceit�ed-f iffiXe" :&id Diane Olinger stating their opposition to installing medians at Parkcliff or Parkridge Drive:::::::. Kristi Soderling,4657 Park Cliff Drive,requested the upgrade to Cliff Road be constructed in 1998. She stated that walking along Cliff Road is dafgLrous a ;added that turning lanes should be provided to ensure safe turning into the neighborhood. She requested the intersection at Cliff and Parkridge Drive be left open for safety and convenience reasons and she said the vast majority of the residents support this also. She also requested the City work with the County regarding the stipulation that there cannot be open medians at both Parkcliff and Parkridge Drive. She cited reasons supporting leaving the median open at Parkridge Drive versus leaving tht-*edian open at Oak Chase Road. Roxanne Flett,4654 Parkridge Coy .said;that s�►e ws.told the upgrade to Cliff Road was going to be included in the 1995 Dakota CounbX-W t t'sai l:that the shoulders along Cliff Road are dangerous to walk on. She stated that the mediai s`at bitik- !a 6 Road and Parkridge Drive should be left open. She urged the Council to request the upgrade to Cliff RoM be completed in 1998. Sandy Fredrickson,4590,Oak Chase Road,stated that access to Cliff Road from Oak Chase Road should be left open. She further stated that safety is their main concern. EAGAN CITY COUNCIL MEETING MIIZUTES;OCTOBER 21,1997 PAGE 8 X. Dal DeWolf,4561 Oak Chase Circlo istated he spoke at*;�ity Council meeting in 1996 about the improvements to Cliff Road and at that point4he City Council.derided to defer them until 1998 or 1999. He said there were a number of people preOnt.that evening visit objected to the improvement to Cliff Road. He further said that the people preserit:ftVev" ,0robably not aware that the issue is being discussed tonight. He wanted to ensure that ttie-cptettS made this evening are not representative of the overall view of the community with regard to these improvements. Mayor Egan stated that Mr.DeWolf raised a good point. He said there were very significant and realistic reasons why the project was denied previously. He further said that he hopes these unresolved issues will be addressed when the project ikgx :feii tityti : ;the future. He commented that the action before the Council this evening is to jirovi*&'dAnm rit's'aitd:responses to Dakota County regarding their 5-Year Capital Improvement Program and this.it�-rtot to hctf.ihe public hearing. Councilmember Blomquist noted that the seashn for ssing access onto Cliff Road from Oak Chase Road was precipitated by the ParkcFt d tf opaii *"W,:i ieir concerns for keeping both roads open. She said that design detail for Cliff koa'ci'wiIl be looTcecf'at later,but what is being addressed at this time is the three entrances onto Cliff Road. She further said that both of the neighborhoods were designed with these entrances and that was a strategic part of the planning. She stated it is important that the three accesses remain open. Katherine Karpinsky,4553 Oak Ctiase.Way,asked if it was possible to leave all three accesses open. Public Works Director Colbert expliifti # iatlfff Road is a County road and a major thoroughfare and the County has safety concerns with leaven*g`bi l:#€iie.Apgesses open. Ms.Karpinsky added that they want to pursue maintaining access in and out oftheir neighb hood safely. Dakota County Engineer Dave Everds. oieiltei tlai'no median breaks were constructed on Pilot Knob Road in order to try and get PRO Kia:k A built ten years ago through an agreement with the Council. He stated that there is a goo�#:pdssibility that one or two of the median breaks on Cliff Road west of Pilot Knob Road will need to be closed in the near future to comply with the County's spacing guidelines. He further stated that although something was designed ten years ago it may not be suitable today. He said the intent is to provide a through street system and adhere to safety standards. He further said they are not able to recommend leaving both openings open and he would recommend closing the median at Oak Chase Road. Steve Boehm,4576 Oak Chase Road,commeAed on safety issues. Councilmember Wachter asked for clarifica"about C-6uncilmember Blomquist's position at the Public Works Committee meeting where she stated tfi&were*,:4 lot of people who wanted to close the access to Cliff Road from Oak Chase Road. Councilmember Bioiriquist stated that in her conversations with some neighbors during meetings held this summer they had requested the road be closed off. She further stated that it would be impossible to close this road because there are 700 plus average daily trips on Oak Chase Road to Cliff Road. Councilmembers concurred with programming the uding to Cliff Road in 1998 and extending Lone Oak Road from Highway.554p..CRb3.to;the.yeas 2000. Councilmember Wachter moved,Cour'icilmeinlis'r Aw'atla seconded a motion to provide comments to Dakota County regarding their proposed 5-year:C-a}iital Improvement Program(1998-2002) to accelerate the Cliff Road upgrade(ChesMar to Lexington)tp:!"8 and to move the Lone Oak Road improvement(TH55-CR 63(IGHT's)to the year 2000. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 21,1997 PAGE 9 .: $USINESS ' PLANNED DEVELOPMENT AMENDMENT& ? LIMINARY SUBDIVISION RAHN i#ra.ASSO . 'IONS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved,Councilmember Wachter seconded a motion to approve a Preliminary Subdivision(Rahn Ridge Third.MMM)V*Xs s.ft�?f two lots on 2.42 acres currently platted as Lot 2,Block 1,Rahn Ridge Secoiiil=A following conditions: Standard Conditions 1. The Developer shall comps "i€h'#iese:standik conditions of plat approval as adopted by Council on February 3,A7'9 1" A1,B1,C1,C2,C4,D1 and El 2. The property shall be platted. Access Street Design 3. An easement for joint parking between CS T and 2 shall be prepared and submitted to the City Attorney for review aiYd.approval ps�Qi#o final subdivision approval. The easement shall be recorded witl :the Parks and Recreation 4. Water quality mitigation shall be met through a cash dedication in lieu of on-site ponding. 5. Parks and trails dedicatio.-O:sl}a}l•b�:filled through a cash dedication. Aye: 5 Nay: 0 Councilmember Awada moved,Councilme&&r Wadi seconded a motion to approve a Planned Development Amendment to allow constni bn of ar;:dffice building on proposed Lot 1,and a medical/dental clinic on proposed Lot 2,Block 1,Rahn Ridge 1111id Addition. Approval of the Planned Development Amendment will create a new Preliminary Planned Development for both Lots 1 and 2 subject to the following conditions: 1. A Preliminary Planned Development Agreement shall be executed prior to final subdivision approval. The Agreement shall li : iicorded at the County Recorder's office with the plat. 2. The term of the Preliminairy i tifiie$'E ve3opment shall be five years. 3. The following exhibits are required for the P Development Agreements: Preliminary Planned Development: Final Planned Development: Preliminary Site Plan Final Site Plan Preliminary Landscape Plan Final Landscape Plan EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER Z1,1997 PAGE 10 Preliminary Building ElO�iations ftal Building Elevations Final Site Lighting Plan 4. All building,parking/drivW:and. sCped areas shall be properly maintained. Trash Enclosure 5. All trash/recycling containers shall be stored within the principal buildings or shall be within an enclosure attached.to the principal structure,consistent with City Code requirements. Landscaping 6. Prior to final subdivision approv4r:landsq#0F,'plan shall be revised to include grading contours. Architecture/Building Elevations 7. The clinic on Lot 2,Block 1,Rahn Ridge 3rd Addition shall be constructed with exterior materials of brick,siding and asphalt shingles with a gabled roof as shown on the building elevation plans dAted August 26,1997. The exterior materials shall be compatible with that of tli :eXistuig:Qf Tice building on Lot 1,Block 1,Rahn Ridge 2nd Addition. •. r 8. The proposed office building of.lot 1,Wpck;lt:��hn Ridge 3rd Addition shall be consistent with the building el�di3tiori j�ais:dafed January 2,1997,last revised February 7,1997. For consistency wlt# n:fie Planned Development,the exterior materials shall be compatible with that of th.4'"zisting office on adjacent Lot 1,Block 1,Rahn Ridge 2nd Addition. Serge 9. One ground sign not exce%'fflhg 5e"'I-trt;i ig#tt is allowed for each lot. All signage shall comply with City Sio Code,ptb�iisiio-ii�:iriir:tocation,size,setbacks and height. Lighting 10. A photometric lighting plan shall be Submitted Dior to Final Planned Development approval. For security reasons,lighting shall riot be less than one footcandle throughout the parking lot. Parking lot light fixtures shall be shielded and directed away from adjacent property. Aye: 5 Nay: 0 Mayor Egan stated that this proposgl,.�q s;�,u6 prefer I over the last development proposal. Councilmembers agreed. COMPREHENSIVE GUIDE PLAN AMENDMENT: :pELTA DEVELOPMENT,INC. City Administrator Hedges provided an overview on this item. He stated that APC members expressed concerns about approving this proposal before a more comprehensive study of redevelopment in the Cedarvale area is completed. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTE,9;OCTOBER 21,1997 PAGE 11 X. Mark Parranto,Delta Development;Showed a videota&:ig the proposed site and townhome projects he is developing in other communities. He also presented drawings of the concept plans of the proposed project. He stated that this prop4 kits within the:tia"3c zoning of the property. He said they _ are proposing a redevelopment of what they:eeifii5isie?tv•be;a:;[l3ghted area. He said they propose to develop townhouses that are segregated from"' c t ier 'and residential areas. Councilmember Masin said she appreciates the fact that the developer does not propose to do major grading and remove many trees. She asked for clarification on the difference between this proposal and the one denied earlier this year. Mr.Parranto stated that this proposal is less dense than the earlier proposal. Councilmember Masin commertEec7: t:$ :�"I S j?portive of changing the commercial use to residential and she does not supporfifaf'tliis:#iii# ei4ter:;:? ouncilmember Awada stated that the entire area should be redeveloped rather than just pjt'i:'t Mr.Pa iitito said that they are seeking the Council's input as to what they would prefer be done-in this area.. Councilmember Wachter noted tt i area hi"%� i'%%%" d commercial for sometime. He also noted that the Cedarvale area has been striEiggFiiig. He safed'tliat he supports the concept of redeveloping the whole area instead of just part of it Andrew and Cindy Hogan,2085 Carnelian Lane,stated that a year ago the APC and City Council had indicated this type of development was not a good idea. Mr.Hogan gave credit to the developer for his efforts in attempting to develop the situ order to mitigate many of the neighbors'concerns but he stated that many of the problems still renikiFi:c:#. i said.they like the neighborhood the way it is. He added that previously they had submitted a 350 signatures of their neighbors who were opposed to this type of development. He stated they:woiiTd:prefer single family homes or commercial development on this site. Ms.Ho& questior ed.:V-: its amendment were approved would another developer be able to develop the land tt .fo di : tpMffium density of 202 townhomes. Councilmember Blomquist stated.. t the Cedarvale area has changed and what remains does not fit the CSC designation. She said she does not ever envision this area fully developing as commercial. She further said that this proposal looks like a good use for the area. She noted that the units will be owner occupied. She added that she would support the amendment if a condition was attached to limit the number of units. Mayor Egan stated that Mr.Parrsrtto:Yias}iiifi'&:# k1Y4tight and consideration into his development and is trying to follow the topography 4f.the site:and is cutting the density of the allowable townhomes in half. He further added that Cedarvale 6 not a Vi le commercial area and it is not likely that will change. He said that this residential develQpjpent will xovide a new market for that area and will eliminate the excess commercial and clean up b t. He st�fed that this proposal should be secured via an agreement with the developer. .'.` Councilmember Awada stated that she always votes against townhouse proposals but was willing to support this request because CSC is not a viable use in this area. She further stated that it is the Council's goal to get a quality redevelopment in this area and:Sbg suggested that the applicant withdraw this request for the Comprehensive Guide Plan Amendment atiid;come back to the Council with a package request including a Comprehensive Guide Plan Amgpdmep.t,irezoning and preliminary plat approval. She added that the Council would be irate esf t#:;it; c sre#dpmeiit of the entire site. S1 i further added that the developer should address the neigftFsorhddtf'fvitteriis f3q keeping the height of the townhouses low and limiting tree loss. Mr.Parranto agreed to withdraw his request and suVi iif a new Comprehensive Guide Plan Amendment,rezoning,and preliminary plat request. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 21,1997 PAGE 12 Councilmember Awada moved,Ct�#ncilmember Masir't sconded a motion to accept the withdrawal of the applicant's request for a..Cgmprehensive Guide Plan Amendment to change the land use designation on approximately 17 acres�6 CSC(Commdtit4•Shopping Center)and D-I Residential (0-3 units per acre)to D-III Residential(6-12 ittWper. w development of townhomes on property located on Beau De-Rue Drive in the' ""19. Aye: 5 Nay: 0 DEVIATION FROM THE AWNINGS STANDARDS FOR EAGAN PROMENADE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He indicated that Blockbuster'Veq:xasii �gted.:df the architectural guidelines regarding awnings and failed to adhere to them. He'aidr#e 'tt ' f 13a .3i vertently overlooked the deviation in the guidelines that Office Max had shown on their phis. Councilmember Masin stated that Blockbu-gW'.should fie-.*ade to comply with the guidelines X. since they were informed and still installed..a rtjxigS W-604*Aith the standards. Councilmember Blomquist stated that it is understandable for a business to install incompatible awnings if they were of the assumption that their awning complied%ith the guidelines but it is not acceptable for a business to disregard those standards after being informed of the City's standards. Councilmember Blomquist moved;:Cwncilmember Awada seconded a motion to deny an exception to the architectural guidelines krd.' for Blockbuster Video. Aye: 5 Nay: 0 Mayor Egan moved,Councilmember Awada s'ecoitded'a motion to approve an exception to the architectural guidelines regarding awnings for Office Max.,. Nay: 0 KD11 TI$ pIVE AGENDA REQUEST TO RECONSIDER CERTAIN ACTION REGARDING ENFORCEMENT TO REMOVE BUS BENCHES&SIGNAGE City Administrator Hedges provided an overview on this item. Councilmember moved,Mayor>rg :8oiidicl: io> ii to reconsider action regarding enforcement to remove bus benches and signage. Councilmember Masin stated she was not opPpsed to t6..:action the City Council took,but she said she would prefer that the Council prepare a po}fej}. Coune... ember Awada said that Eagan has low ridership and the benches are not being used other than for advertising. She stated that they are obstructions in the public right-of-way. Councilmember Wachter added that the benches are a nuisance for the Public Works Department with regard to plowing and mowing the boulevards. He stated that if the MVTA has specific places they need to have the benches placed that can be addressed at a later;elate. He indicated he would be willing to extend the removal date of the benches to November 15. " Councilmember Blomquist stated tlat'ffii 'lieriel'ies' re:iiot removed by the end of October they may interfere with snow plowing. She said that the benches are�erving as billboards and she felt the Council should adhere to their motion to have them removedbk:the end of October. A vote was taken on the motion. Aye: 2 Nay: 3 Due to the lack of a majority the motion failed and the request for reconsideration was denied. , EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 21,1997 PAGE 13 Councilmember Awada moved,C6iincilmember Waclif-*seconded a motion to approve an extension for removal of bus benches to Noggmber 15,1997 to National Courtesy Bench and U.S.Bench Corporation. Aye: 5 Nay: 0 Public Works Director Colbert stated t14ia[tic of snow usually doesn't need to be done until the first of the year. Mayor Egan said that he ieceived a list of communities that allow bus benches and they do not appear to be concerned about safety with regard to bus benches and plowing. He further said that this was not a valid reason for denying bus benches in the City,but he stated there are other reasons. n;statetI' citpa }� as been operating in the City for 30 Len Thiel,U.S.Bench Corporatio years and National Courtesy Bench has only been oo'Ating in;j�ie City for six months. He added that U.S.Bench has a lot of commitments to fulfill He syggested tha(the Council give further consideration to preparing a policy they had intended to prepare ei it1nonths:a ii. Mayor Egan said that the Council has thought very hard about this issue and thai ;a i :Aak eert:# keii. Mr.Thiel added that they never heard any complaints from the Council in the 30:jf6i s*tfiey ha:d.Wn`ciifies in the City. Councilmember Awada stated that the City Council cannot discriminate between what companies are allowed to do business in the City. She said she understood U.S.Bench's position but added that the City is now flooded with these benches and they have become an eyesore. She noted that the City does not want to be in the business-0 regulating them. REVIEW MLC. A VF1�+# Gl$LATIVE PROGRAMS X. City Administrator Hedges provided a i overview Qx�,Omjtem. Councilmember Wachter commented about fiscal disparities and stated tl i,.tone? ,s; icitbeing used for what it should be. FIRE ADMINISTRAT1614 iftDING COMMUNICATIONS USES This item was considered under Department Head Business and continued to a future Special City Council meeting. SPECIAL CI'I'����G;-NOVEMBER City Administrator Hedges stated that the November 4,1997 regular City Council meeting would need to be rescheduled since Independent School Dftict 191 :'having an excess levy referendum that evening. Mayor Egan moved,Councilmember Awada seconded,***motion to reschedule the November 4 City Council meeting to November 3 and schedule a Special City Council meeting on November 3 at 5:00 p.m. Aye: 5 Nay: 0 Councilmember Wachter moved,Councilmember Awade seconded a motion to reschedule all public hearings originally scheduled for November 4 to Novetii°i r 18. Aye: 5 Nay: 0 HIGHWAY 5...... .....Ol .#'s,.�,,:'#'IF DISTRICT DEVELOPMt- -Abhk rE1VIENT-AMENDMENT City Administrator Hedges provided an overview ori'flas item. Councilmember Awada moved,Councilmember Wachter seconded a motion to approve an amendment to the Eagan Business Commons TIF development agreement within the Highway 55 EAGAN C1TY COUNCIL MEETING MINUTES;OCTOBER 21,1997 PAGE 14 redevelopment area to apportion anticipato.tt;tax increment prods to the respective buildings within the project. Aye: 5 Nay: 0 Councilmember Wachter commented on*aii''A"rfictl*'ndicating that health coverage costs are expected to rise next year. Councilmember Awada mentioned that she is moving her company to Eagan and it will be located in Eagandale Center. Councilmember Malin said she met with a riiber of xighbors around Ashbury Lane who are concerned about the proposed Delta Development on the Blue Cross/Blue Shield campus. She further said they were concerned about traffic on Ashbury. a"e. She stated that it was suggested to the neighbors to submit a petition requesting traft. #gaon. 8es be looked at by staff. She asked if staff could be authorized to proceed with t yymg`tv'initigate;i>i:6affic problems. Councilmember Awada said she felt it would be appropriate for staff to proceed to address the traffic problems. Councilmember Blomquist asked if a traffic count could be conducted on the number of average daily trips in the area. City Administrator Hedges noted that it is important to separate the traffic/transportation issues from the Delta Dental proposal. Councilmember Blomquist stated that the issues can be separated but the traffic problems should be addressed now. Councilmember Masin requested claflf kti8h:oA to when and if the ring road will come through this area. City Administrator Hedges stated that these issiiS; vill be addressed at the Advisory Planning Commission meeting and then brought to the City Council. r Councilmember Malin stated that she,:MAY gr:lgan and City Administrator Hedges were at an Eagan Foundation Community meeting. $1 e,,.ta mented that the League of Minnesota Cities has prepared a videotape on building assets iti youth that she would like the Council to see. She said she attended the Minnesota Transit Conference and there was an excellent speaker who talked about global diversity in America. ',H K LISTER... Councilmember Wachter moved,Mayor Egazi seconded a motion to approve the check register dated October 16,1997 in the amount of$1,998,526.x;;Aye: 5:i�'b"y: 0 iMO TR MENT The meeting adjourned at 11:10 p.m. MLK Date City Clerk If you need these minutes in an alternative form such as large print,.Br4ille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(612)681-4600,(1766"'hone:(612)454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities, facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,sexual orientation,marital status or status with regard to public assistance. Agenda Information Memo November 3, 1997 Eagan City Council Meeting 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 fiuther 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. Secretary/Fire Department-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as the Secretary for the Fire Department. FACTS: Final interviews for this position were held on Friday, October 31, 1997. It is expected that there will be a name available at the City Council meeting of the person recommended for hire. If not, staff requests that the Council give approval for the hire of the person to be recommended. Item 2. Temporary Recycling Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Amy Larkin as a temporary Recycling Intern. Item 3. Resignation/Temporary Building Inspector-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Franklin Martin, Temporary Building Inspector. Item 4. Resignation/Planning Intern— ACTION TO BE CONSIDERED: To accept the letter of resignation of Tamara Pregel as a temporary Planning Intern. Agenda Information Memo November 3, 1997 Eagan City Council Meeting Item 5. Finance-Administration Reorganization/New Pay Ranges-- ACTION TO BE CONSIDERED: To approve the pay range of clerical level 6 for the expanded position of Account Clerk/Deputy Clerk position and non-exempt pay range I for the expanded Administrative Secretary/Deputy Clerk position. FACTS: In official action at the October 7, 1997 City Council meeting, the Council approved the reorganization in Finance and Administration whereby the Administrative Assistant/Deputy Clerk position in Finance was eliminated and the Account Clerk position was expanded to Account Clerk/Deputy Clerk and the Administrative Secretary position expanded to Administrative Secretary/Deputy Clerk. Since that time, time spent profiles (TSP's)have been developed for the expanded positions and the results indicate that the Account Clerk/Deputy Clerk position should be placed in the clerical 6 pay range and the Administrative Secretary/Deputy Clerk position in the non-exempt I pay range. Item 6. Affirmative Action Policy/Repeal- ACTION TO BE CONSIDERED: To approve the repeal of the City of Eagan's affirmative action policy/plan. FACTS: On October 22, 1997 the Personnel Committee of the City Council met to review a number of items, including current national developments regarding affirmative action and how these developments would or should affect the City of Eagan's current affirmative action plan. Nationally, there has been legislation prohibiting affirmative action and court decisions against the use of affirmative action plans to make personnel decisions. It is the recommendation of the Personnel Committee that the City of Eagan's affirmative action plan/policy be repealed. The results of this action would still uphold the City's status as an equal opportunity employer. This means that all applicants and employees would be treated equally(as they are now) and there would be no discrimination because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Agenda Information Memo November 39 1997 Eagan City Council Meeting B. RESOLUTION APPROVING EXEMPTION FROM LAWFUL GAMBLING LICENSE WD ACTION TO BE CONSIDERED: To approve a resolution providing for an exemption from the lawful gambling license requirement for the South Metro Chapter of the Minnesota Deer Hunters Association for a raffle which will be held at the Royal Cliff facility on February 275 1998. FACTS: 09 The City is in receipt of the above referenced application. It has been reviewed by staff and is in order for consideration by the Council at this time. ATTACHMENTS: + Resolution attached on page , Application enclosed without page number. RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLILNG LICENSE WHEREAS, the South Metro Chapter/Minnesota Deer Hunters Association has applied for an exemption from Lawful Gambling License;and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the South Metro Chapter/Minnesota Deer Hunters Association will operate a raffle at the Royal Cliff Banquet Center on February 27, 1998: NOR', THEREFORE, BE IT RESOLVED that the City Council of Eagan. Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for South Metro Chapter/Minnesota Deer Hunters Association. CITY OF EAGAN CITY COUNCIL By: Its Mavor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota Cour.:y, 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 3rd day of November, 1997. E. J. VanOverbeke, City Clerk Agenda Information Memo 'November 3, 1997 Eagan City Council Meeting C. WAIVER OF SUBDIVISION—JOHN MAHONEY ACTION TO BE CONSIDERED: To approve a Waiver of Subdivision for a duplex lot split to allow for individual ownership for Lot 1,Block 1, Wescott Hills Vh located at 876 & 878 Wescott Square. FACTS: • This property was platted for twin home development and rezoned to R-2 in January of 1996. The proposed twin home development and lot split are consistent with the City's R-2 standards. ATTACHMENTS (1): * Staff Report on pages through . PLANNING REPORT CITY OF EAGAN REPORT DATE: October 28, 1997 CASE: 14-W-1-10-97 APPLICANT: John Mahonev HEARING DATE: Nov. 3, 1997 PROPERTY OWNER: Brad Jordahl PREPARED BY: Mike Ridley REQUEST: Duplex Lot Split LOCATION: 876 & 878 Wescott Square COMPREHENSIVE PLAN: D-III, Mixed Residential (6-12 ufac) ZONING: R-2, Double SUMMARY OF REQUEST John Mahoney is requesting approval of a Waiver of Subdivision to allow a duplex lot split for property platted as Lot 1, Block 1, Wescott Hills 5' Addition located south of Wescott Square and west of Ivy Lane in the northeast '/4 of Section 14. BACKGROUND/HISTORY Wescott Hills 5' Addition was approved in January 1996 consisting of four lots. The site is zoned R-2, Double. EXISTING CONDITIONS The proposed duplex will have separate utilities to each unit. EVALUATION OF REQUEST The applicant is requesting the waiver of subdivision to allow individual ownership of each half of the duplex. Lot Sizes—The overall lot size is approximately 17,000 S.F. and the overall iot coverage is 14% although the proposed lot split results in unequal lots due to a 50° wide easement that runs the length of the west side of the lot. Setbacks—All building setback requirements are met. Utilities—Sanitary sewer and water are available. SUMMARY/CONCLUSION The applicant is proposing a duplex lot split to allow individual ownership of each half of the duplex. The property is consistent with R-2 performance standards and the surrounding duplex development. ACTION TO BE CONSIDERED To approve a Waiver of Subdivision to allow a duplex lot split for Lot 1, Block 1, Wescott Hills 5U' Addition. 1. This Waiver of Subdivision shall be recorded with the Dakota County Recorder's Office within 60 days of Council action. 2. Separate utilities shall be provided to each unit. City of Eagan Community Development Department ,;L rn•o{Eagao Location Map f 1 fl Yankee Doodle Rd are X t� J ` Subject Site a Ir W Jlj N F- EI John B. Mahoney Duplex Lot Split Lot 1 , Block 1 , Wescott Hills 5th Addition N Case No. 14-W-1 -10-97 CONSULTING nNN S a d LAND SURV(Von% NA H LMEr CONS i, PnojEcT 140. X095 DO NGINCCRING E P z�s t.OMPRNY INC. ' �1 I T BOOK PAGE 1000 FAST 1461h lTREEi, @UTINSVILLE.MINNESOTA 33337 P11 432-1000 CERTIFICATE OF SURVEY LOT SPLIT DESCRIPTION PARCEL A:That part of Lot 1, Block 1,WESCOTT HILLS 5TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota which lies west of a line drawn southerly, to the south line thereof, and parallel with the east line of said Lot 1, Block 1 from a point on the north line thereof distant 38.00 feet westerly from the northeast corner of said Lot 1,Block 1,as measured along said north line. PARCEL B:That part of Lot 1,Block 1,WESCOTT HILLS 5TH ADDITION,according to the recorded plat thereof, Dakota County, Minnesota which lies east of a line drawn southerly, to the south line thereof, and parallel with the east line of said Lot 1, Block 1 from a point on the north line thereof distant 38.00 feet westerly from the'northeast comer of said Lot 1,Block 1,as measured along said north line. SCALE:t'=30' ctr=-NKJ•i MARK 1-tJ 114 D.C 1tkNIL C-_ ( bCI DENOTES EXISTING ELEVATION +.zP-nak-5 GN O ( 870.4) DENOTES PROPOSED ELEVATION f=t_ev.- 9ge•�r �� INDICATES DIRECTION OF SURFACE DRAINAGE ML-67 = FINISHED GARAGE FLOOR ELEVATION Sb = BASEMENT FLOOR ELEVATION 00 = TOP OF FOUNDATION ELEVATION VJESGOTT SQUARE t'45°1 b� �g.IS,, , 13 8ro8•et 2 7c),G5 p 38.00 C i66S35 5a of 01��• � � � N /�1 TL, If 5 10.00 `� ' I�t 7n.H j 1 ^ _CS 2o_i� iT'1.1] 810.t,� 00 p lo.00 - PAKCELA /7531,2 .6.F 1 /M/raY/OVf $aRF7rE= 5,76 Z.4 6./m' I GAP-. c;AP• n e• eoys"ae- 32.9% I ) LI f 9 '-I J RAROE L 6: 6-,6 5S,5 5. W Ck� t�E c� d t i-+ a `°I91 - /mhYwa✓5 SvRF*6=1,7 4-+.o 5.r. Q w .0 ` — d �j -S CoVEX46r . 30 S 01 PR c)POS Agenda Information Memo November 3, 1997 Eagan City Council Meeting D. FINAL SUBDIVISION—EAGAN PROMENADE 3 R ADDITION ACTION TO BE CONSIDERED: > To approve or deny a Final Subdivision (Eagan Promenade .) Addition) consisting of one lot on property currently platted as Lot 9, Block 2, Eagan Promenade. FACTS: > In July 1997, the City Council denied a request by Opus to subdivide this property into two lots to accommodate a hotel and retail development. At that time, concerns were raised about the proposed extended stay hotel and the concept of development the property with both a hotel and retail. > On August 19, 1997 the Council approved a revised Preliminary Subdivision (Eagan Promenade 3`d Addition) consisting of one lot. The purpose of this subdivision is to split off the eastern portion of the current property. which contains a large wetland, so that it can be combined with Lot 8.Block 2, Eagan Promenade (the in-line center). > Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS: > Final plat drawing, page �O CIF x El 5'� a°-_ �� � $ to tz.& A S-Z Z Q,- 'as's s -1 J zu 24 x n SE LW ——————————— tx C6 r6p ?.P5,.#4Om Agenda Information :Memo November 3, 1997 Eagan Cite Council Meeting E. RESOLUTION REGARDING CONTINUED PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM ACTION TO BE CONSIDERED: To adopt a resolution to continue participation in the Metropolitan Livable Communities Act for 1997. FACTS: • In 1995, the City of Eagan decided to participate in the Metropolitan Livable Communities . Act program. The City has negotiated and adopted affordable and life cycle housing goals in accordance with the program and has submitted an action plan as a part of the Dakota County cluster. • The p rogram.requires that the City inform the Metropolitan Council of its intention to participate in the program each calendar year by resolution. The City must submit this resolution by November 15. In 1997, the City was required to expend its affordable and life cycle housing opportunities amount(ALHOA). The City of Eagan ALHOA amount for calendar year 1997 was $46,553.00. • Communities have flexibility in determining the use of their ALHOA contribution. Appropriate applications include local dollars for housing assistance, development or rehabilitation programs, local housing inspection and code enforcement, and tax levies to support local/county HRA's. In 1997,the City far exceeded the ALHOA amount with its allocation of community development block grant funds for single family housing rehab, down payment assistance, and the HRA tax leer. • In 1998,the City of Eagan will be required to expend its affordable and life cycle housing opportunities amount of$48,630.00. The City will easily be able to expend this amount with the ongoing HRA tax levy and our commitments to single family housing rehabilitation and down payment assistance with the CDBG program. • The formula for calculating the ALHOA amount is included as an attachment. BACKGROUND/ATTACHMENTS: (2) Resolution,pages through 14—. Metropolitan Council ALHOA worksheet, page . RESOLUTION NO. 97- CITY OF EAGAN RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS,the Metropolitan Livable Communities Act(Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fundy comprising the Tax Base Revitalization Account,the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS,the Metropolitan Council adopted,by resolution after a public hearing,negotiated affordable and life-cycle housing for each participating municipality; and WHEREAS,a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; WHEREAS,for calendar year 1998, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1997,can continue to participate under Minnesota Statutes section 473.254 if. (a)the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1997; and(b)the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the 1 :5 municipality. NONA', THEREFORE, BE IT RESOLVED THAT the Cite of Eagan hereby- elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: All Those against: None 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 Cite of Eagan. Dakota County.Minnesota. in a regular meeting thereof assembled this 3rd day of November 1997. E.J. VanOverbeke, City Clerk resolution.]iv98 � { ) $ sue t § | I / J § � u � \ ) ) ei § ) E /z { E w § 3ao �� K qd &�§ © (§ §22 � § ■ E � � B § ƒ a % £ u � 52tl � Aa � � t } / �3 � w 77 { Q � ■ ) 2 � a o � [ uE� - §t� X07 f � ' �§§ 9Ld - § �) � I § ° � k . § ] ! g 7 ) t � /) ƒ � £ � \ � \ 2 Agenda Information Memo November 3, 1997 Eagan City Council Meeting F. SET PUBLIC HEARING, CEDARVALE SPECIAL SERVICE DISTRICT 1998 BUDGET ACTION TO BE CONSIDERED: To set a public hearing for December 3 for the Cedanvale Special Service District 1998 budget consideration. FACTS: * To provide services for the Cedarvale Special Service District, statute requires that the City hold an annual budget hearing and notice the affected property owners regarding the cost for individual properties and the cost anticipated for individual properties. ♦ Since the District's creation,the primary activities have been the construction and installation of an area-wide sign, maintenance of the sign and mowing and maintenance of the common boulevard areas. ♦ Owners Aithin the area met on October 23 and reviewed budget alternatives for the 1998 Special Service District budget and established a proposed budget for the coming year. Additional information concerning this matter will be provided at the time of the public hearing. Agenda Information Memo November 4, 1997 G. CONTRACT 97-13, IGH/SOUTHERN LAKES ACTION TO BE CONSIDERED: To receive the bids for Contract 97-13 (IGH/Southern Lakes — Trunk Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On July 1, 1997, the City Council entered into a Joint Powers Agreement with the city of Inver Grove Heights which provides for the extension of utilities to serve a limited defined area of development within Inver Grove Heights. • Contract 97-13 provides for the extension of trunk water main and storm sewer facilities to serve the proposed Southern Lakes development within Inver Grove Heights under Project 723 which was approved as a result of a public hearing held on September 2, 1997. • At 10:30 a.m. on Friday, October 3, formal bids were received. These bids have been reviewed for accuracy and compliance with the bid specification documents and found to be in order for favorable Council action. ATTACHMENTS: Summary bid tabulation,page i city of eegan SOUTHERN LAKES (IGH) EAGAN, MLNNESOTA City Contract No. 97-13 City Project No. 723 File No. 49584 Bid Date: Friday, October 3, 1997 Bid Time: 10:30 a.m. Contractor Base Bid 1.) Burschville Construction, Inc. S 246.265.50 2.) G.L. Contracting, Inc. 259,704.98 3.) Brown & Cris. Inc. 286,633.10 4.) Utility Systems of America. Inc. 302,749.00 5.) Barbarossa& Sons, Inc. 307,483.00 Base Bid Preliminary Report Estimate (Base Bid): S 275,850 Under(-) Preliminary Report: - 10.7% Engineer's Estimate (Base Bid): 290,000 % Under(-)Engineer's Estimate - 15.0% Agenda Information Memo November 3, 1997 H. CONTRACT 98-01, SOUTHERN LAKES WATER TOWER ACTION FOR COUNCIL CONSIDERATION: To approve the plans for Contract 98-01 (Southern Lakes—Water Tower) and authorize the advertisement for a bid opening to be held at 2:00 p.m. on Monday,December 8, 1997. FACTS • Contract 98-01 provides for the construction of a 1.0 Million Gallon (MG) water tower to be constructed on the NSP Wescott Gas Plant Facility in Inver Grove Heights approximately a half mile north of Cliff Road. • On October 21, the City Council received and reviewed the feasibility report for Project 724A, approved the project in accordance with the Joint Powers Agreement with Inver Grove Heights and authorized the preparation of detail plans and specification. • The plans provide for two alternative tower designs (fluted column and pedestal spheroid) for competitive bidding purposes. • In accordance with the JPA, Inver Grove Heights is in the process of acquiring the property to accommodate this tower installation. A Conditional Use Permit (CUP) is also being processed by Inver Grove Heights in accordance with their zoning code. The status of these acquisitions will be addressed at the December 16 Council meeting when the bids are received for consideration of formal contract award. i Agenda Information Memo November 3, 1997 I. CONTRACT 97-10,HWY 149 & LONE OAK PARKWAY—SIGNAL ACTION TO BE CONSIDERED: To receive the bids for Contract 97-10 (Hwy 149 & Lone Oak Parkway— Signalization), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents, subject to MnDOT's approval of the cooperative agreement. FACTS: • Contract 97-10 provides for the installation of a signal on Hwy. 149 at its intersection with Lone Oak Parkway. The installation of this public improvement under Project 707 was approved as a result of a public hearing held on April 15, 1997. • The City Council approved the plans on September 16, 1997, and authorized a competitive solicitation of bids. Subsequently, a bid opening was held at 10:30 a.m. on Friday, October 17, 1997. • All costs associated with this project will be financed by the new United States Postal Facility under the terms and conditions of the development agreement. ISSUES: + City staff has received Municipal State Aid approval for this improvement. While we are currently awaiting receipt of the executed cooperative agreement (just maintenance"no funding) from MnDOT, it is recommended that the contract award be subject to execution of the related agreement. ATTACHMENTS: + Bid summary tabulation,pageC2 ao 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL.MN 55110 6124%,-;-1000 800 325.2055 ARCHITECTURE ENGINEERING ENVIRONMEN7AL d TRANSPOR'TA'TION One (1) Full Traffic Actuated Traffic Control Signal System and Interconnect Trunk Highway 149 (Dodd Road) at Lone Oak Parkway City Project No. 707 City Contract No. 97-10 State Project No. 1917-36 State Aid Project No. 195-010-02 Bid Date: Friday, October 17, 1997 Bid Time: 10:30 a.m. CONTRACTORS TOTAL BID 1. Collins Electrical Construction Company $147,543.70 2. Peoples Electrical Contractors $152,483.17 3. Ridgedale Electric Inc. $161,669.20 4. Egan McKay Electrical Contractors $165,264.00 5. Polyphase Electric Inc. $172,243.40 6. Electrical Installation and Maintenance Company $192,267.72 Low Bid $147,543.70 Feasibility Report Estimate $167,090.00 Percent Over (+) Under (-) 11.7% Engineer's Estimate $178,204.00 Percent Over (+) Under(-) -17.2% SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST.C UD00M EWA FALLS, WI MADISON. WI LAKE COUNTY,IN E AL. OYER Agenda Information Memo November 3, 1997 I CONTRACT 97-15,MURPHY P ARKWAY WATER MAIN IMPRO`'EMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 97-15 (Murphy Parkway— Trunk Water Main Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 97-15 provided for the construction of trunk water main along Murphy Parkway, north of Deenvood Drive, to interconnect the existing water main system at Blackhawk Ponds to the newly platted Murphy Farm Addition. • The improvements detailed in the change order address the addition of one fire hydrant along the east side of Murphy Parkway. • The additional fire hydrant will provide future fire protection for the new homes soon to be constructed in the immediate area. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $1,289.25 (1.5% of original contract). The associated cost will be the responsibility of the Trunk Water Main Fund. ATTACHMENTS: • Change Order No. 1,pages through0� . r � city of eagan CONTRACT#: 97-15 CHANGE ORDER#: # 1 PROJECT#: 722 DATE: October 8. 1997 PROJECT NAME: -Mumhy Parkway— Watermain Improvements PROJECT DESCRIPTION: Watermain installation along, Murphy Parkway to provide a looped watermain system from the existing watermain at Blackhawk Ponds to the newly platted area of the Murphy Farm Addition. CONTRACTOR: Brown& Cris ENGINEER: City of Eagan 19740 Kenrick Avenue 3830 Pilot Knob Lakeville MN 55044 —Eagan Mn 55122 DESCRIPTION OF CHANGE ORDER WORK: Add one fire hydrant along the east side of Murphy Parkway. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: To provide future fire protection for the platting of Parcel No. 010—29 and the immediate area. DESCRIPTION OF WORK ITEMS: 6"D.I.P. CL. 52 5 L.F. @ 15.25/FT. = 76.25 Hydrant 1 EA. @ 1213.00/EA. =1213.00 Total= $1289.25 Z4 '2) CONTRACT STATUS TIME/COMPLETION DATE AMOUNT Original Contract: November 15, 1997 $83.087.00 Change Order: November 15, 1997 $ 1289.25 Subtotal of Previous Change Orders: $ 0.00 This Change Order: $ 1289.25 New Subtotal of All Change Orders: $_1 289.25 Revise Contract: $84,376.25 Percent Increase or Decrease for this Change Order to Original Contract Amount: 1.5 % Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: 1.5 % RECOMMEIND D FOR APPROVAL: Project Manager Contractor By: /0", // 3o Date: zo -L 7 City Department VaAger City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 -City 2-Contractor I -Engineer G:(ENGIN7EER,FORMS&LISTS/97-15Proj722CMgordrFMZ doc Agenda Information Memo November 3, 1997 K. CONTRACT 96-20, YANKEE DOODLE/PROMENADE CENTRAL AREA STREETLIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 96-20 (Yankee Doodle Road, Denmark Avenue, Northwood Drive, Promenade Avenue — Street & Pedestrian Lighting Improvements) in the amount of $26,025.36 to Peoples Electric Company, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 96-20 provided for the roadway lighting and ornamental pedestrian lighting within the Yankee Doodle Road and Eagan Promenade development improvements. • Dakota Electric Association will provide maintenance of the streetlighting system on a time and material basis per the maintenance agreement with the City of Eagan. • This work has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo November 3, 1997 L PROJECT 95-LL,EAGAN HEIGHTS TO«'N HOi\1ES, I IT ADDITION DEVELOPMENT AGREEMENT EXTENSION ACTION TO BE CONSIDERED: To extend the completion date for Project 95-LL (Eagan Heights Town Homes, 151 Addition — Town & Country Homes) street construction stated in the development agreement with the City of Eagan to June 30, 1998. FACTS: • Project 95-LL provided for the development of the Eagan Heights Town Homes, I" Addition, including Water Lily Lane and Creekside Court southeast of the intersection of Old Sibley Highway and Old Sibley Memorial Highway. The plat included town house lots. The construction of the street on Creekside Court has not been completed by the developer in accordance with the completion dates stated in the Development Agreement, although city staff has made significant effort to remind the developer of his contract with the City of Eagan. • Contrary to the statement made by the developer in the attached letter, the street work could have been completed regardless of the timing of the utility improvements on Old Sibley Highway. The public improvement had minimal impact on the accessibility of this portion of the developer's site. • Creekside Court is not a public street. It is approximately 265 feet in length and only provides access to the town homes. The delay of the completion of the street will have an adverse affect on the developer by delaying the occupancy of the town homes on Creekside Court and by extending the warranty period of the public utilities installed as part of the project. ATTACHMENTS; • Letter from Developer,page • Development Agreement,pag _. �w RECE?>lirE C :1 r T 7 19 97 TOWN & dOSTY HOMES Minnesota Division October 24, 1997 Mr. Thomas Colbert Mr. John Gorder Department of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Request for Extension of Time to Complete Street Construction Creekside Court/Eagan Heights First Addition Dear Mr. Colbert and Mr. Gorder: Town & Country Homes is hereby requesting an extension of time under the terms of our Development Agreement with the City,for completion of the street surface improvements, including curb and gutter, and the final adjustments to storm inlets, for Creekside Court. As you know, the storm sewer lines, sanitary sewer and water main improvements are already in place in this street. It was our intent to complete this work this fall but the delay in completing the work on Old Sibley Highway has impacted our schedule. Specifically, because Creekside Court is our model area operation, we wanted to wait to finish the Creekside Court improvements until after Old Sibley Highway was completed. I believe Wayne Lamoreaux of Pioneer Engineering has provided a drawing to John Gorder that indicates the major impact that the Creekside Court improvements will have on the model setup and landscaping. Therefore,we respectfully ask that we be granted an extension to August 31, 1998, to complete the improvements to Creekside Court. Thanks for your consideration. Sincerely, Allan J. Block Executive Vice President Land Division 11471 Valle • View d E c 'iairic. %1\ 5.3344 h12 944-3455 • Fay _'y�+l44-3 i \ „� 3 ( ) � . 9. [welder License- )1�1 approved plans and specifications on file in the office of the Public works Department. which are hereby made a part of this Contract as follows: ITEM COMPLETION DATE Erosion & Sediment Control Measures............................... November 30. 1995 Site Grading......................................................................... vlay 31. 1996 Subdivision Monuments...................................................... November 1. 1996 Utilities (sanitary, water, storm sewer)................................ June 30, 1996 Streets (Concrete curb & gutter, gravel base, and the first lift of blacktop).............................................. August 31. 1996 Boulevard Restoration......................................................... November 15. 1996 Street Lights......................................................................... November 30, 1996 Street(%1nDOT 2341 Modified Wearing Course).............. July 15, 1997 except as this period of time is extended by resolution of the City Council. It is understood and agreed that failure of the City to promptly take action to enforce this Contract after expiration of time in which the work is to be complete& will not waive or release any rights of the City, and the City can take action at any time thereafter and that the terms of the Contract shall be deemed to be automatically extended until such time as the City elects by appropriate resolution of its Council to declare the Developer in default hereunder pursuant to the provisions of paragraph 11, "Default by Developer". A. Streets and Trails. The Developer shall grade private streets, boulevards, driveways, trailways; if any, and other lands as established in the grading plan to City approved grades and cross sections, the maximum grade of publicly dedicated right-of-w•ay shall not exceed eight percent (8 1/o), with required backslopes to be performed outside of the public right-of-way at a maximum slope of 3:1 as required by the City Public C a Agenda Information Memo November 3, 1997 M. CONTRACT 96-01,EAGANDALE CORPORATE CENTER PHASE I STREET& UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 5 to Contract 96-01 (Eagandale Corporate Center Phase I — Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 96-01 provided for the construction of the street and utilities for Eagandale Corporate Center Phase I, including portions of Neil Armstrong Boulevard and Aldrin Circle, northeast of the intersection of Lexington Avenue and Yankee Doodle Road. • A considerable amount of storm sewer was included in the design for the project to provide adequate drainage for the site. • The improvements detailed in the change order address the revision of a storm sewer pipe location between a pond and the trunk storm sewer. The developer of the property requested the relocation of said pipe. The pond involved is Pond EP-2.1, northwest of the intersection of Aldrin Drive and Mike Collins Drive. • The relocation placed the pipe where the existing ground surface elevation was significantly higher and increased the depth of the trench needed for placement of the pipe. Depths of the trench for the storm sewer installation were up to 28 feet, much more than the less than 10 feet indicated for the Pond EP-2.1 portion of the plans. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $7,503.68 (0.8% of original contract). The associated cost will be assessed to the benefited property owners. ATTACHMENTS: • Change Order No. 5,pages-3-C-1 through . city of eagan CONTRACT A 96-01 CHANGE ORDER NO.: 5 PROJECT A 688 DATE. 9-Oct-97 PROJECT NAME. Ea andale Co orate Center Phase I PROJECT DESCRIPTION., Construction of new streets, Neil Armstrong Boulevard and Aldrin Drive with storm sewer, sanitary sewer, and watermain utilities. Site grading for this development is being completed by the Developer under a separate contract. CONTRACTOR: Erickson Construction, Inc. ENGINEER: MSA, Consulting Engineers 13616 Pleasant Lane 1326 Enero Park Drive Burnsville, Minnesota 55337 St. Paul, MN 55108-5202 DESCRIPTION OF CHANGE ORDER WORK- A negotiated unit price adjustment for changes in the scope of 12-inch RCP storm sewer construction. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER- Due to a storm sewer design change initiated by the Developer,plan revisions at Pond EP 2.1 resulted in a substantial decrease in the shallow depth 12-inch RCP Class 5 from the original bid quantity. The original bid required the Contractor to construct all 12-inch RCP at one unit price for the various depth zones. The portion deleted was designed at a shallow depth (0-10') and the 12-inch RCP constructed was installed up to 28 feet deep. Due to the Developer requested design revisions and the resulting deletion of shallow storm sewer quantities, the Contractor is justified in receiving an increase in the unit price per linear foot of pipe installed at greater depths. DESCRIPTION OF WORK ITEMS, The following unit price increase was negotiated between the City Staff and the Contractor: CHANGE CHANGE ITEM MnDOT UNIT ORDER ORDER NO. NO. ITEM UNIT PRICE QTY. AMOUNT ADD 1 2503.511 12"RCP Storm Sewer LF S 35.98 2,096.00 75,414.08 Fi•F,TF 1 2503.511 12"RCP Storm Sewer LF S (32.40) 2,096.00 -67,910.40 TOTAL ADDITIONS: 7,503.68 CHANGE ORDER SUMMARY TOTAL ADDITIONS 7.503.68 CHANGE ORDER TOTAL 7,503.68 Z-)O MY OF EAGAN•CHANGE ORDER Pale l of 3 CONTRACT STATUS TIME/COMPLETION-DATE. ARELYX Original Contract: Jul, 1, 1997 $ 907,724.56 Change Order.• July 1, 1998 $ 7,503.68 Subtotal of Previous Change Order: $ 178,478.73 This Change Order.• $ 7,503.68 New Subtotal of All Change Orders. $ 185,982.41 Revise Contract: $ 1,093,706.97 Percent Increase or Decrease for this Change Order to Original Contract Amount: 0.8% Percent Increase or Decrease for Total of An Change Orders to Original Contract Amounts: 20.5% RECOMMENDED FOR APPROVA By: - `� /Date: / t er /'� By: ..f..��' " /Date: to Z219,19 Contractor By, 2l�� /Date: e�� �7 City Department Manager City of Ea an Council Action: ayo Clerk Approval e: Distribution 1 City Z Contractor I Engineer 3 � Wklaimlll 121000.037 CITY OF EAGAN-CHANGE ORDER F.2.1.0 Agenda Information Memo November 4, 1997 N. PROJECT 687, BISCAYNE AVE ACTION TO BE CONSIDERED: To receive the final assessment roll for Project 687 (Biscayne Ave. — Streets &Utilities) and authorize the final assessment hearing to be scheduled for December 16, 1997. FACTS: • Project 687 provided for the installation of street and utility improvements along Biscayne Avenue within the Hailey's Addition located between Red Pine Lane and Gun Club Road. This project was originally approved as a result of a public hearing held on April 16. 1996. • The construction has been completed, all costs tabulated and the final assessment roll prepared which is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to all affected property owners. ISSUES: • The public hearing is being scheduled for December 16 to allow adequate time for staff to meet with the affected property owners. 3� Agenda Information Memo November 3, 1997 Eagan City Council Meeting PUBLIC HEARINGS Due to a school bond referendum election in Independent School District 191, this City Council meeting was rescheduled from November 4 to November 3. In order to meet the timelines for proper public notice, the public hearings originally scheduled for November 4 have been rescheduled for November 18. J -� Agenda Information :Memo November 3, 1997 Eagan City Council Meeting A. CONDITIONAL USE PERMIT -DART TRANSIT CO. ACTION TO BE CONSIDERED: > To approve or deny a Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip"parcel, west of TH 149, south of Stark's restaurant, in the east '/2 of Section 12, subject to the conditions listed in the Advisory Planning Commission minutes. FACTS: > Dart is requesting reconsideration of a conditional use permit request they submitted last year and which was continued indefinitely by the City Council in April. The CUP would allow off-site outside storage (parking) of 244 truck trailers on the 10-acre"Kwik Trip"parcel. This is considered off-site because the Kwik Trip parcel is separate from the Dart headquarters property and Dart does not want to combine the properties at this time. > The request appears to meet the performance standards outlined in the Zoning Code for off-site outdoor storage. However, there are some issues regarding landscape irrigation, stormwater drainage, access and traffic. > The Advisory Planning Commission recommended approval of the Conditional Use Permit, on a 6-1 vote, subject to the conditions in the staff report as amended. These amendments are outlined below under Issues. ISSUES: > One APC member stated concerns that performance standard#a was not being met since Dart could locate additional trailer parking on their headquarters site. Other members stated that they felt Dart had shown that they do intent to expand on their headquarters site and that it makes sense for them to locate additional parking on the KNvik Trip parcel now,rather than wait until the building expansion occurs. > Dart is requesting that the requirement to install a landscape irrigation system be waived, in part because they intend on preserving some existing mature trees and to not want to disturb them by installing the irrigation. They state that they will do the necessary watering to ensure the plants survive and are willing to allow the City to hold their landscape guarantee escrow for an extended period of time to allow the plants to get established. The APC recommended that condition#8 in the staff report be modified to read: "The developer shall allow the required $5,000 landscape guarantee to be held in escrow for two years." > The developer will be required to provide storm sewer along the west edge of the property either by constructing the storm sewer themselves, City initiation of a public improvement project and assessing the developer for the benefit they receive, or another alternative as approved by the City. The APC recommended that condition#2 in the staff report be amended to delete reference to "two" options and add a third option: "or another alternative as approved by the City." The APC also recommended deletion of the sentence"This benefit would be $28,864 as identified in the Financial Obligation portion of this report." That figure represents the maximum benefit the developer would be assessed. However, the actual amount of benefit to be assessed cannot be determined until the actual lineal feet of pipe needed is known. > Since the staff report was written, the City Attorney requested that another condition be added that refers to the termination language in the Code regarding off-site outdoor storage. As such, the following condition should be added: "The Conditional_Use Permit shall terminate Won the development of the "Kwik Trilf" parcel or Won termination of the principal use on the Dart headquarters site, whichever comes first." BACKGROUND/ATTACHMENTS (2) > Minutes of October 28 1997 APC meeting,pagethroug.ET > Staff report, pages through 3 SENT BY: 10-31-97 ; 14:31 ; SEVERSON SHELDON-+ 612 681 4612;# 3/30 Page 2 OcWba 28,1997 ADVISORY PT ANNING COM09810N OED BUSINESS @@AFY CONDITIONAL USE FERNM DART TPANS1T Commission Chair Heyl introduced this item regarding a Conditional Use Permit to allow off-site outdoor storage of trucks on 10 acres located on the west side of TI{ 149, south of Starks Restaurant, in the NW'/4 of Section 12. This is a continuation of a request submitted in December of 1996. Planner Julic Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated October 23, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr.. Farnham noted that this is a reconsideration of a request submitted in December, 1996, that was continued by the City Council. The applicant, Gary Santoorjian was present and available for questions. Mr. Santoorj questioned the sentence in Condition No. 2 regarding the estimated benefit of $28,964.00 for the storm sewer as identified the Financial Obligation portion of the report. Ms. Farnham stated that amount is an estimate, and the actual amount may be less and agreed the sentence should be deleted from Condition No. 2. Mr.'Santoorjian noted that Condition No. 7 should be deleted since there are no wetlands oil site, to which City staff concurred. He also noted that Condition No. 8 should be revised to state that the applicant would agree to hold the$5,000.00 landscape guarantee in escrow for two years rather than one year as required. Member Segal stated that he did not feel Dart is complying with Performance Standard "a" since they could park the trailers on the headquarters site or combine the parcels to eliminate the off-sine status. Other APC Members stated they felt Dart has shown good faith in their intent to expand their headquarters and that it makes sense to allow the trailer parking on the Ywik Trip parcel now,rather than later. Member Frank asked about traffic and circulation. Mr. Santoodian replied that access will be to TH-149 from Borchert Ingersoll Road. Eventually, there will be a connection to the Dart headquarters property. He also stated that they expect about 133 trucks per day with minor peaks during morning and evening rush hours. Member Carlson raised concern about Dart leasing parking spaces to others. City Attorney Dougherty stated that the Conditional Use Permit is for the use (storage of trailers)and not who is storing the trailers. R-94% 12 432 3780 10-31-97 03:43PM P003 #44 SENT BY: 14-31-97 ; 14:31 SEVERSON 9FI DON 612 681 46124# 4/30 Page 3 October 28, 1997 ADVISORY PLANNING MTg,F4 y Member Frank moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit to off-site outdoor storage of trucks on 10 acres located on the west side of TH 149, south of Starks Restaurant; in the NW%4 of Section 12, subject to the following amended conditions: 1. This CUP relates to off-sift outdoor storage per attached plans dated 10-7-97 to allow parking of 244 trucks. 2. The developer shall be responsible for their proportionate share of the construction of storm sewer along the west edge of the properly. This storm sewer shall be constructed in accordance with the Storm Water Management Plan and City Engineering standards. The developer may choose from the following options to fulfill this responsibility. 1) The developer can construct the storm sewer themselves to the south edge of the property for future extension to the south; 2)The City would initiate a public improvement project to construct the system and the developer would be a&wmed the lateral benefit from the storm sewer system based on contributing flows. This public improvement should be ordered by the City Council prior to issuance of a conditional use permit;or 3)anodxx alternative as approved by the City. 3. The developer shall provide adequate drainage and utility carernent over the trunk storm sewer along the west edge of the property prior to issuance of a conditional use permit. 4. The existing Borchert Ingersoll road on the south edge of the property shall be upgraded f-orn a rural section to an urban section drive in accordance with City standards. 5. The developer shall comply with MnDOT requirements for receipt of an access permit onto TH 149. 6. Runoff from impervious surfaces within the site shall be treated with on-ante ponding prior to discharge off the site. The inlet to the pond shall contain an cncW dissipater of acceptable design to the City and a skimmer suitable to the City shall be installed on the outlet. The ponding co6gurati on must be approved by the City's water resource coordinator prior to issuance of a grading permit. 7. The developer shall allow the required $5,000.00 landscape guarantee to be held in escrow for two years. S. The property shall be platted prior to issuance of a building permit. All voted in favor, except Member Segal opposed. R=94% 2 432 3780 10-31-97 03:43PM P004 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 23, 1997 CASE:#12-CU-28-12-96 (continued) APPLICANT: Dart Transit Co. HEARING DATE: October 28, 1997 PROPERTY OWNER: Dan Oren(Dart) PREPARED BY: Julie Farnham REQUEST: Conditional Use Permit to allow off-site outdoor storage LOCATION: West side of TH 149,south of Stark's Restaurant COMPREHENSIVE PLAN: IND Industrial ZONING: I-1 Limited Industrial SUMMARY OF REQUEST Dart Transit Company is requesting a Conditional Use Permit to allow off-site outdoor storage of trucks on 10 acres located on the west side of TH 149, south of Stark's Restaurant, in the NW 1/4 of Section 12. This is a continuation of a request submitted in December 1996. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services,including streets,police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Planning Report—Dart Transit(continued) October 28, 1997 PaL,e 2 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. City Code Section 11.40, Subd. 4. D. Conditions, states: 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. Additional standards are outlined in Section 11.10, Subd. 21.1.C.1 that apply to the evaluation of a conditional use permit for off-site outdoor storage. These are reviewed more closely under Evaluation of Request beginning on page 4. Section 11.10, Subd. 29, C.1. was recently amended. Regulations regarding outdoor storage by businesses are now under Section 11.10, Subd.29.2, C.which includes the following standards: 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 General Business (GB) and Community Shopping Center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In Limited Industrial (I-1) and General Industrial (1-2)zoning districts,the enclosure may be detached from the principal building. 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. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the Comprehensive Guide Plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 3 Planning Report—Dart Transit(continued) October 28, 1997 Pay e 3 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be property maintained to prevent deterioration. BACKGROUNDMISTORY In December 1996, Dart Transit submitted an application for a conditional use permit for outdoor storage for truck parking on this property, known as the "Kwik Trip" site. At that time they also submitted a request for a conditional use permit for outdoor storage on the 10-acre parcel directly to the south, known as the"Sills"property. Both requests were reviewed by the APC at their January 1997 meeting and subsequently reviewed by the City Council in February. The APC recommended denial of the request and the City Council passed a motion to continue the request for 60 days to allow the applicant to submit additional detailed information. In April 1997 the Council approved a request by Dart to continue consideration of the conditional use permits indefinitely. Dart submitted a waiver to the 60-day agency action deadline which allows this item to be continued indefinitely. The major concerns expressed during review of the initial application were the lack of detailed plans (e.g. grading, landscaping) and that the Trucking Study had not been completed. Area residents also felt the Trucking Study should be completed to ensure an informed decision. They also expressed concerns about additional traffic on TH 149 and screening of the outdoor storage area. The Trucking Study was formally accepted by the City Council in April 1997. The study recommends that existing trucking businesses be allowed to remain and expand as necessary. It also states that the properties on the west side of TH 149 between Lone Oak Road and Yankee Doodle Road should remain zoned for Limited Industrial uses,which includes truck terminals. The Trucking Study identified TH 149 as a major truck route. At this time, Dart is only requesting consideration of off-site outdoor storage on the "Kwik Trip" parcel. Their application includes preliminary site, grading and landscape plans. EXISTING CONDITIONS The site is undeveloped. Some mature trees exist around the perimeter of thL site. The property is relatively level, lying slightly below the elevation of TH 149, gently sloping north toward an existing detention pond west of Stark's restaurant. The site is bound on the south by the private, so- called"Borchert-Ingersoll Road". SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property- Planning Report—Dart Transit (continued) October 28, 1997 PaL,e 4 North- Dart Transit headquarters; zoned I-1, guided IND South- Vacant("Sills"parcel); zoned I-1,guided IND East - Commercial and mixed residential; zoned GB, NB, R-1, R-3; guided GB, NB, D-I, and D-H West - Industrial; zoned I-1, guided IND EVALUATION OF RE UEST The site proposed for the outdoor storage(Kwik Trip parcel) abuts the Dart headquarters site,but is a separate parcel. At this time, Dart does not want to combine the Kwik Trip parcel with the headquarters property because that would require platting, which would be subject to Dakota County's right-of-way acquisition requirements along Lone Oak Road. As such, the request constitutes off-site outdoor storage. The City's Zoning Code allows for off-site outdoor storage as a conditional use,provided the situation meets the performance standards listed in Sec. 11.10, Subd. 12.LC. Proposed Use - Dart is proposing to use the 10-acre "Kwik Trip"parcel to park semi-trailers used in its carrier operations. Truck tractors will not typically be stored on this site. Dart drivers own their own rigs and do not leave them on the Dart property. Dart states that no loads are delivered or picked up at the site. Com atibilit , with Surrounding Area - The Kwik Trip parcel is across TH 149 from properties guided for General Business and Neighborhood Business uses. Residential uses are located further south and east. There is no residential property directly across TH 149 from the Kwik Trip parcel. Properties to the north, west, and south are zoned and guided for industrial uses. Outdoor truck parking should not adversely impact surrounding industrial properties. The impacts on the commercial and residential properties will largely depend on visual screening and the amount of truck traffic generated by this use. Compliance with Performance Standards — Following is a point-by-point assessment of how the applicant's proposal complies with the performance standards listed in Sec. 11.10, Subd. 12.1.C. a. The dominant parcel, which shall be served by the off-site off-street parking or off-site outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel. The applicant states that the Dart headquarters site (dominant parcel) could currently accommodate additional truck parking. However, Dart intends to expand the headquarters building in the future and reconstruction cf Lone Oak Road will require a new access drive configuration, both of which will displace area currently identified as proof of parking for truck trailers. They prefer to locate additional trailer parking on the Kwip Trip parcel now, so they can retain maximum flexibility for building expansion on the headquarters site. Planning Report—Dart Transit(continued) October 28, 1997 Pakie 5 b. The parcel on which the off-site off-street parkffiL, or off-site outdoor storage is located and the dominant arcel which the off-site off-street arking or outdoor stora_,e services shall be within the same zoning districts. Both the Dart headquarters (dominant) and Kwik Trip (servient) properties are zoned I-1 and guided for industrial uses. c. The servient parcel on which the off-site off-street parking or off-site outdoor storage is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served b% the off-site off-street parking or off-site outdoor storagge area. The Kwik Trip property abuts the Dart headquarters property. d. The off-site off-street parkinL,, area shall meet the requirements set forth in Section 11.10, Subd. 12, herein. The proposed parking area meets the requirements of Sec. 11.10, Subd. 12 as follows: The parking lot will consist of bituminous pavement with concrete curb and gutter. Eight, 30-foot tall, single head light poles will be located around the lot perimeter. These will be downcast fixtures with illumination levels similar to that on the Dart headquarters site. The parking lot will be screened from public right-of-ways by landscaping and berming. The landscaping includes a mix of evergreen and deciduous trees and shrubs that will form a solid screen at maturity and will be 75-100% solid at time of planting along the north and east (TH 149) property lines. The proposed mixed landscaping also extends along the south property line about 100 feet. The remainder of the south property line is proposed to be screened with hedge plantings that will grow 5-8 feet tall. The applicant also intends to preserve some of the existing mature trees along the perimeter. This proposed landscaping exceeds the requirements of the Zoning Ordinance which only requires screening on the east property line abutting public right-of-way(TH 149). e. The off-site outdoor storage area shall meet the requirements set forth in Section 11.10, Subd. 29(c)(1), except those provisions governing building or height restrictions. The proposed parking area meets the requirements of Sec. 11.10 Subd. 29.2.C. as follows: A 6-foot tall chain link fence is proposed to enclose the parking area. The access driveway onto Borchert-Ingersoll Road will be gated. The proposed parking lot setbacks (44' — 70' along TH 149, 35' side and 32' rear) meet or exceed required setbacks. The parking/storage area will be screened with landscaping and berming. The storage area will not interfere with pedestrian or vehicular movement and will not occupy required parking or landscape areas. f. Off-site off-street pazl ,g and off-site outdoor storage on the servient p rce1 shall have fewer arkinE spaces, less area, and less outdoor stora^e area than the dominant_parcel. The Kwik Trip (servient) parcel is 10 acres in size and is proposed to accommodate 244 trailer parking spaces. The Dart headquarters (dominant) parcel is 23 acres in size and could currently accommodate 278 trailers (existing and proof) and 336 tractors (existing and proof) for a total of 614 trucks. With the proposed building expansion and driveway access reconfiguration, the Dart parcel could accommodate 188 trailers and 185 tractors for a total of 373 trucks (see Exhibits A and B). Planning Report—Dart Transit(continued) October 28, 1997 Paze 6 g. Off-site outdoor storage on the servient parcel shall be bermed and landscaped on sides abutting public fi lit-of-wav and residentially zoned districts. The combined berming and landscaping shall be a 6 foot tall screen that is 75% o as ue abutting public right-of-way and 100% opaque abutting residential zonirn-- districts or residential uses. The outdoor storage area will be bermed and landscaped on sides abutting public right-of-way to achieve a 6-foot tall screen that is 75% opaque. This parcel does not abut (either directly or across TH 149) any property zoned or guided for residential uses. Parkin�-,,'Stora, e Lot Desi - The site plan submitted indicates 244 trailer parking spaces. The trailer parking stalls are 12' wide by 53' long. Drive aisles between parking stalls are proposed to be 75' wide. One 78' wide entry access is provided onto Borchert-Ingersoll Road. Landscape Plan- The proposed landscape plan will provide screening in excess of that required by codes. However, the applicant is not proposing to install an irrigation system, which is also required by code. They believe that installation of an irrigation system would be disruptive to the existing vegetation they are attempting to preserve. They also state that they would commit to regular watering of the new plantings to ensure they survive. It is standard practice for the City to hold a $5,000 landscape guarantee in escrow for one year after planting. This guarantee is not released unless the planting is completed to the City's satisfaction and can be used to replace any dead or missing plants that the developer fails to replace. Staff notes that young plants may not survive well after one year if they do not receive adequate water. As such, if the City determines that a variance to the irrigation system requirement is merited, consideration should be given to requiring an additional, long-term guarantee to ensure the landscaping survives and thrives without an irrigation system. Grading=' Wetlands - The preliminary grading plan is acceptable. There is one identified wetland within the development parcel. That wetland is associated with Pond EP-4 which currently receives storm water discharges from parcels to the east. The developer has assembled air photo documentation that shows that the area of the site currently occupied by Pond EP-4 did not exhibit wetland characteristics prior to introduction of storm water and is therefore exempted from regulation under the Wetlands Conservation Act. Storm Draina�,e/Water QualiL� - Site drainage is proposed to be directed to the west edge of this parcel. The City's Stormwater Management Plan(1990)identifies the need fnr a trunk storm sewer system along the west edge of this property to serve this site as well as properties upstream in this drainage district. The developer should be responsible for their proportiorate share of the construction of this storm sewer in accordance with the Storm Water Mangement Plan and City Engineering standards. Two possible options to fulfill this responsibility are as follows: 1. The developer can construct the storm sewer themselves in accordance with City Engineering standards along the south edge of the development property for future Planning Report—Dart Transit (continued) October 28, 1997 Page 7 extension to the south. 2. The City would initiate a public improvement project to construct the system and the developer would be assessed the lateral benefit from the .storm sewer system based on contributing flows. This public improvement should be ordered by the City Council prior to issuance of the conditional use permit. This parcel is located in Drainage Basin E and will generate runoff that will discharge to an existing storm water management basin (Pond EP4) on the site, then to Pond EP-1. Pond EP-1, a designated nutrient trap, is connected with an equalizer pipe with Pond EP-2, a water body that is classifed for indirect contact recreation because it is located within a prospective park area (North Park). To protect water quality in Pond EP-2, on-site ponding is recommended for this development. The inlet to the pond to be constructed by the developer should contain an energy dissipator of acceptable design to the City and a skimmer suitable to the City should be installed on the outlet. The developer is proposing to increase the wet pond volume of Pond EP-4 from less than 2 acre- feet to 5.5 acre-feet to meet runoff treatment requirements for both this 10-acre parcel and another 10-acre parcel to the south that the developer plans to develop in the future for a similar use. The increase in volume is adequate to meet the treatment requirements for both parcels. A MnDOT stormwater drainage permit will be required for any stormwater discharge onto the TH 149 right-of-way. Utilities—Sanitary sewer is available for connection along the west edge of the site. Water main is available for connection along TH 149. Access/Street Design - Access to TH 149 for this development is proposed via Borchert-Ingersoll Road, an existing paved private roadway. Use of this access onto TH 149 is subject to approval by MnDOT via access permit approval. MnDOT has done a preliminary review of this proposal and has indicated that construction of a right turn lane on southbound TH 149 and a bypass lane on northbound TH 149 will be required for permit approval. MnDOT is also requiring that a traffic analysis be completed to determine the impacts of the proposed development on TH 149. The traffic analysis would also determine if any trunk highway improvements are needed. A study is currently underway regarding the Yankee Doodle Road/TH 149 corridor that will include some traffic analysis. Dakota County is the lead agency for this study which is anticipated to be completed in approximately 4 months. The developer should work with MnDOT to determine whether this information satisfies MnDOT's needs. If so, the developer has the caption of delaying the development until the pending Corridor Study is completed or conduct their own traffic analysis. Borchert-Ingersoll Road is currently used by Power Brake Equipment Company, located on the west side of the railroad tracks. Power Brake has a private ingress/egress easement to use the road. 4 Planning Report—Dart Transit(continued) October 28, 1997 Pate 8 With the proposed development on the Kwip Trip parcel, this road should be upgraded from its current rural section to an urban section drive in accordance with City standards which require concrete curb and gutter, storm sewer and bituminous surfacing. Easements/Ri�,hts of Way/Permits - The developer should provide adequate drainage and utility easements over the trunk storm sewer along the west edge of the property prior to issuance of a conditional use permit. SUMMARY/CONCLUSION Dart Transit Company is requesting a conditional use permit to allow off-site, outdoor storage of trucks on a 10-acre parcel (Kwik Trip) located just south of the Dart headquarters property. The proposed parking lot will accommodate 244 parking spaces for truck trailers. This is a continuation of a request reviewed by the City in early 1997. The proposed use and site plan appear to comply with the performance standards for off-site outdoor storage listed in Sec. 11.10, Subd. 21.1.C.1. There are some issues with regard to landscape irrigation, stormwater drainage, access and traffic. The applicant will be required to provide storm sewer along the west edge of the property. A traffic analysis and possibly turn lanes will need to be completed prior to receipt of a permit from MnDOT to access TH 149. In addition, the City will require that Borchert-Ingersoll Road be upgraded to an urban section drive. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Conditional Use Permit to allow off-site outdoor storage of trucks on the"Kwik Trip"parcel, west of TH 149, south of Stark's restaurant, in the east 1/i of Section 12, subject to the following conditions: 1. This CUP relates to off-site outdoor storage per attached plans dated 10-7-97 to allow parking of 244 trucks. 2. The developer shall be responsible for their proportionate share of the construction of storm sewer along the west edge of the property. This storm sewer shall be constructed in accordance with the Storm Water Management Plan and City Engineering standards. The developer may choose from two options to fulfill this ro sponsibility. 1) The developer can construct the storm sewer themselves to the south edge of the property for future extension to the south; or 2) The City would initiate a public improvement project to construct the system and the developer would be assessed the lateral benefit from the storm sewer system based on contributing flows. This benefit would be $28,864 as identified in the Financial Obligation portion of this report. This public improvement should be ordered by the City Council prior to issuance of a conditional use permit. Planning Report—Dart Transit (continued) October 28, 1997 Paze 9 3. The developer shall provide adequate drainage and utility easement over the trunk storm sewer along the west edge of the property prior to issuance of a conditional use permit. 4. The existing Borchert-Ingersoll road on the south edge of the property shall be upgraded from a rural section to an urban section drive in accordance with City standards. 5. The developer shall comply with MnDOT requirements for receipt of an access permit onto TH 149. 6. Runoff from impervious surfaces within the site shall be treated with on-site ponding prior to discharge off the site. The inlet to the pond shall contain an energy dissipator of acceptable design to the City and a skimmer suitable to the City shall be installed on the outlet. The ponding configuration must be approved by the City's water resource coordinator prior to issuance of a grading permit. 7. Any wetland fill or drain impacts that require mitigation shall be approved by the City prior to issuance of a grading permit. 8. The developer shall install an irrigation system to cover all landscaped areas. 9. The property shall be platted prior to issuance of a building permit. FINANCIAL OBLIGATION 12-CU-28-12-96 There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility. Improvement Use Rate Quantity Amount Lateral Benefit Storm Sewer C/I $45.10/L.F. 640 L.F. $28,864 Cr 0 n Location Map t r a, • t i Su 'ect Site P er �0 6 S4 MIND s� mil D"ED DOODLE � � E s t K �! fop i am 800 Feet Dart Transit Company Between Hwy 149 & Soo Line Railroad Conditional Use Permit Case No. 12-CU-28-12-96 N � E Gtr of Eegen Community Development Deportment Zoning Map r.r ■ .f Musa �. mom - 11 T ILA Current Zoning Limited Industrial Between Hwy • & Soo Line Railroad Case No. 12-CU-28-1�2-96 + low 0 IWO Feet MEN .- 1 _ a Comprehensive Plan Map ■�� MEN NJ I- Ifts AFMA ■1 a. . . ■� ■11111■■ it ��, �r �■p I �;i"�s■ M ■ ■ - ,� • Between Hwy • & Soo Line Railroad Case No. ' . 000 0 IOW Feet City of Eagan Community Development Department .. �� .\ � < �I. a I•. II i � I � ��� -+ II,,I II� rt � •Ij i�� t i=€� .f_e �_i f� C---+�c�.•..a�_ ?�� �,� L4_� I it • J f r—. - sue �--' I I it ot rs O %.D ul ' � r � � S —� r�;t� _ �`t - •!!rl it � N r= en to C60 W 14-4 A, 44 rl O 04 E-4 J F � 1*1v IPWL.0 J.!j; k N*Cb 37 L-4 -IN 04 CI) Co 2 s n 00 P=4: u 00 co ui to bD 114C 04�-- Iw $W -kv-\ co oil bo 44 r-7- 4J 44 m 0 04 J! 71' C ,DWG\97118\97118EXIST.dwg Tue Oct 07 09:39:56 1997 DAVE PATTEN NA "Ax rs /'- IT ' - 41 pi tt - 4y i ` A• � t �y y ' a w C, }d !t� O, I i ACC � �.� -�/� � /'/`J• DWAw{MG/RE:C:\DWG,9]:18\9]11ldiSf.PwG - �_ W[il MEN{IDN DATE:Rx/Rx/RR Nn] EXISTING NWY 149 TRAILER n DART TRANSIT COMPANY r v ® CONDITIONS STORAGE YARD moo Lac OAK ROAD R T.K '""•"'°• p/7 PLAN iACAEI IRIiEAOiA lJ1DAEl IIM Ktli . Rwa �7MItl Tm liiel ne'�' C:\IJW6\97118\9711B503.dwg Tue Oct 07 09:39:13 1997 DAVE PATTEN F I € it Ilk 11 19 Nfif ZHU Vi=e°� �e BE A � , � 1✓ VJ M I !! " rI Lm Y , ,r ♦ ax ��. 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PRELIMINARY HWY 149 TRAILER n DART TRANSIT COMPANY SITE PLAN STORAGE YARD 800 LOM OAR HUM ,� ' 1AOAIL YNEiOTA v0AE4 Mt41 iii wynx •iTw �r — n>-Ilm<5 �Z7 rC:\DwG\97118\NEW\GRADE.dwg Tue Dct 07 09:40:34 1997 DAVE PATTEN I p ' eel lip lip ji xj /'' _ •3 � $ "fig I gad QQ N n$ oF$8 N .K u"t lip � C a � q R= ISM II \ n i Eg;P Rif , Ni Q:A:a rn e. 1 o � n E 'vi � co so rti Ln e OFAW!AL fl.E:C d1L\S 7'ID\NEWyLRA:LOWL - -- - ---- - LATEST NEYISION DATE.-EX/Xi/1K OPRELIMINARY GRADING, ROAD 1� DRAINAGE i EROSION NWY 149 TRAILER DART TRANSIT COMPANY �T v O nN Art 4/ CONTROL PLAN IIAGAK YD STORAGE YARD 1Ie80TA EAGAK SIN 9GG tae D161¢1 T mr Eu:�ue�ni-ling Cr:\DWG\97118\NEW\LANO.dwg Tue Oct 07 09:42:23 1997 DAVE PATTEN I / / I I � � I I11 1r1 — --- -- --- -- _ - I ,N /� --` I I Rsi j. _ I _. . 5!€- IR I I.f1ls� 1 cl Fig _ lc CID _ GIs •� DRAW,NG ILLS:C:.DWG\S711E\LANG.DNG - LATEST REVISION DATE.xE.'�la PRELIMINARY S—n.. LANDSCAPE HWY 140 TRAILER HTING STORAGE YARD 000 LOW OAK ROM o.. DART TRANSIT COMPANY Ri—K �- -� AND LIG ua.a 6/T PLAN E11GAK 11ee007A !AG►N,rh seal ® .�pill ntwr 4.a �• t,�, � r,nts is wrar� r�oc�in wrar, Ntld 7 obYA 304018 LNOWalloo LLLL1iii 1111���� VITYtlI Ott AMN �• w�+�o..�nn \� ANYdNOJ lISNYHl lilV0 � D1U161X3 rN d t[.ltict lr,wM.it a,Lrl ---- LtC 1Li3iifE\,.i(6\Y:\'7 71 ya./ o � ,,;�' �• ,�''',. � . pct d� /�• a p Lls N f i YI 9 f�✓f Co Z 0 W f . / ,. \. J � . I i-Al�- Ao g J S Agenda Information Memo November 3, 1997 Eagan City Council Meeting NEW BUSINESS A. CONDITIONAL USE PERMIT—JERRY'S GARDEN CENTER ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow seasonal sales on Lot 1, Block 1, Town Centre 70 11'Addition(Wal-Mart), located on Town Centre Drive in the NW 1/4 of Section 15. FACTS: • In 1996, Jerry's Garden Center operated Christmas tree sales at this location after receiving approval administratively prior to the City adopting the Seasonal Sales and Temporary Outdoor Sales Ordinance. Staff is unaware of any problems,or concerns, caused by this operation at this location last year. The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2) /- APC Minutes of October 28, 1997 me ting,pages, through(PD . Staff Report,pages�through . SENT BY: 10-31-97 ; 14:32 SEVERSON SHELDON-► 612 681 4612;# 5/30 Page 4 October 28,1997 PuJLh11J ADVISORY K ANNINCC COMi ESSION OE, PUBLIC HEARINGS CONDITIONAL USE PERMIT JERRY'S GARDEN CENTER-WAGMART Commission Chair Heyl opened the fast public hearing of the evening regarding a Conditional Use Permit to allow a seasonal outdoor sale consisting of Christmas trccs to be located is the parking lot of the Wal-Mart store at 1360 Town Center Drive legally described as Lot 1, Block 1, Town Centre Addition in the NW V, of Section 15. Senior Planner Mike Ridley introduced this item, Mr. Ridley highlighted the information presented in City staffs planning report dated October 14, 1997. Mr. Ridley noted the background and history,the surrounding uses and the existing conditions of the subject property. Commission Chair Heyl noted that if this item is approved, the applicant will not have to apply age next year. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit to allow a seasonal outdoor gale Consisting of Christmas trees to be located in the parking lot of the Wal-Mart store at 1360 Town Center Drive legally described as Lot 1, Block 1, Town Centre Addition in the NWV/ of Section 15, subject to the following conditions: 1. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 2. The CUP shall be recorded at Dakota County within 60 days of Council approval and proof submitted to the City. 3. The CUP shall be continually subject to the following conditions: 4. 7be Christmas tree stand shall be allowed on the site between November 28th and December 24th of each year. 5. Sales shall only be permitted during the following hours: 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. 6. All signage shall meet City Code requirements. 7. No outdoor stomSc othcr than which is approved by the City shall occur on the site. R=93% 612 432 3780 10-31-97 03:43PM Pon #44 SFNr BY: 10-31-97 ; 14:32 ; SEVERSON SHELDON-) 612 681 4612;# 6/30 Page 5 October 28,1997 ADVISORY PLANNING COMMISSION a,a r 'I 0?.11.1 8. The site shall be maintained free of trash and debris. 9_ No parking associated with the seasonal sale shall occur off=site. 10. Tear down and clean up shall be completed no later than January i st of each year. All voted in favor. C) R=94% 612 432 3780 10-31-97 03:43PM P006 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 14, 1997 CASE: 15-CU-27-9-97 APPLICANT: Jerry's Garden Center HEARING DATE: October 28, 1997 PROPERTY OWNER: Wal-Mart PREPARED BY: Becky Robertson REQUEST: Conditional Use Permit LOCATION: 1360 Town Center Drive COMPREHENSIVE PLAN: CA—Central Area ZONING: CSC—Commercial Shopping Center SUMMARY OF REQUEST Jerry's Garden Center is requesting.approval of a Conditional Use Permit(CUP)to allow a seasonal outdoor sale consisting of Christmas trees to be located in the parking lot of the Wal- Mart store at 1360 Town Center Drive legally described as Lot 1, Block 1, Town Centre Addition in the NW 1/4 of Section 15. 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 fords that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services,including streets, police and fire protection, drainage structures,refuse disposal, water and sewer systems and schools. 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. Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. Section 11.10 Subd. 29, C.2. states that in addition to the standards for Conditional Use Permits, seasonal outdoor sales shall conform to the following standards: (a) The Seasonal Outdoor Sale shall meet the minimum requirements for temporary outdoor events set forth in the Chapter. (b) The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. (c) The sale area shall not encroach into any required front building setback area or other required setbacks. (d) The sale area shall be screened from view from adjacent residential uses and residential zoned property. (e) The sale area shall not take up required parking spaces or landscaping areas of the principal use. (f) The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/EXISTING CONDITIONS Town Center 70 Eleventh Addition(Wal-mart)was platted in 1990 and the building was built in 1991. The Wal-Mart store is part of the Town Center Shopping Center located north of Duckwood Drive and east of Town Center Drive. Jerry's Garden Center occupied this space for Christmas tree sales within the Wal-Mart parking lot last year under administrative approval from October to December. Since that time the City has adopted the temporary event and seasonal outdoor sale ordinance. A Conditional Use Permit had been approved earlier this year to allow Severs Market to sell produce in this same area of the parking lot. 0 ;)-, SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Town Center Shopping Center; zoned Commercial Shopping Center(CSC) and guided Central Area(CA) South- Frank's Nursery and Duckwood Square; zoned Commercial Shopping Center(CSC) and guided Central Area(CA) East- Town Center 70 Fifteenth Addition acant) ; Commercial Shopping Center(CSC) and guided Central Area(CA) West- Super America and Mermaid Car Wash; Commercial Shopping Center(CSC)and guided Central Area(CA) EVALUATION OF REQUEST The Christmas tree lot will be set up shortly after City Council action on November 4, 1997. The trees will be partially delivered the first week of November 4, 1997; with continuous delivery thereafter. Days of operation will be the Friday after Thanksgiving;November 28, 1997 through December 24, 1997. The lots will be open to the public from 11:00 A.M. —9:00 P.M. Monday through Friday; and 9:00 A.M.—9:00 P.M. Saturday and Sunday. They plan to sell Christmas trees, wreaths, stands, etc. The sales operation and tear-down and clean-up is to be completed by January 1, 1998. Compatibilit% with Surrounding Area—The proposed site is zoned and guided for commercial uses. All of the properties surrounding the proposed site area are also zoned and guided commercial uses. The seasonal outdoor sale of Christmas trees within the parking lot of the Wal- Mart store appears to be compatible with the uses of the surrounding area. Site Plan—The site plan shows the proposed tree lot to be located in the parking lot at the southwest corner of the site. City Code requires a seasonal outdoor sale to be placed in an enclosure to achieve appropriate security and containment or for public safety reasons. The applicant proposes a three foot high wire fence around the perimeter of the lot to serve as an enclosure. Trees should not be stored outside of the fenced area. Setbacks—City Code requires a seasonal outdoor sale to be a minimum of 10 feet from any property line. The proposed display area meets the required setback from adjacent properties. Signaee—The application does not contain any information concerning signage. All signage for this seasonal outdoor sale should conform to City Code standards. City Code requires the applicant to obtain a sign permit from the City."This type of permit has a fee for the first year, given the sign stays the same from year to year. The code also allows a maximum of 25 square feet of signage for a conditional use. Parking —Currently, 772 parking spaces are provided on-site. The proposed use will occupy approximately 20 spaces in the southwest portion of the parking lot. The City does not have any record of parking problems associated with the Wal-Mart store and the sale of Christmas trees in previous years. Therefore,the temporary loss of 20 parking spaces should not cause parking problems this year. Parking associated with the outdoor sales event does not appear likely to spill over onto adjacent properties due to the location of the stand. SUMMARY/CONCLUSION The proposed seasonal outdoor sale of Christmas trees at the Wal-Mart store will be located at the southwest comer of the parking lot along Town Centre Drive. The sale will occur beginning November 28, 1997 and last until December 24, 1997. The hours of operation for the lot will be 1 1:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. The booth will be cleared by January 1, 1998. ACTION TO BE CONSIDERED Recommend approval/denial a Conditional Use Permit(CUP)to allow a Seasonal Outdoor Sale consisting of Christmas trees to be located in the parking lot of the Wal-Mart store at 1360 Town Centre Drive, Lot 1, Block 1, Town Centre 70'h Addition in the NW 1/4 of Section 15.' If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and proof submitted to the City. The CUP shall be continually subject to the following conditions: 1. The Christmas tree stand shall be allowed on the site between November 280' and December 24"' of each year. 2. Sales shall only be permitted during the following hours: 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. 3. All signage shall meet City Code requirements. 4. No outdoor storage other than which is approved by the City shall occur on the site. 5. The site shall be maintained free of trash and debris. 6. No parking associated with the seasonal sale shall occur off-site. 7. Tear down and clean up shall be completed no later than January 1"of each year. FINANCIAL OBLIGATION 15-CU-27-9-97 Lot 1,Block 1, Town Centre 70th 116 Addition There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility. Improvement Use Rate Quantity Amount None $ 0 S ■ Location Map oil, ■��, � ==:' ■�ow■ � � ��� 11111 EWA I • •,� �w ��► =���� ff�f{�rF � taw ^+ ■� _ _ �1 ��. �►�.�i * � � •� Vii' �� ''.-�` � � Zoning Map Ik I MIWIIR�Y- OB Kill ►1� ;SEE: ►..;rr WE 1.1 REA Current Zoning CSC Community • . Center Town Centre Eleventh . . Case No. 15-CU-27-09-97 D,O I Comprehensive Plan Map OFAM ■ IS will �� �.• _ ■■■�■■ _ I WK 01.1 ■ _ISM �anrn ■81111*� -� :� 1l 111//''' � �� ��• �:�� �/l�� ' � ���� 10� ROSIN Mons Guide Plan t 1 � ! ,� I►1111 Ili �nl��u Designation CA Area Town Centre 70 Eleventh Addition Case No. 15-PP-27-09-97 + E ,,, 0 1000 Feet City of Eagan Community Devolopmont Departmont Agenda Information Memo November 3, 1997 Eagan City Council Meeting B. CONDITIONAL USE PERMIT—JERRY'S GARDEN CENTER ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow seasonal sales on Lot 2, Block 1, Hadler Park, located on the south side of Cliff Road,west of the Walgreens store, in the NE quarter of Section 31. FACTS: In 1996, Jerry's Garden Center operated Christmas tree sales at this location after receiving approval administratively prior to the City adopting the Seasonal Sales and Temporary Outdoor Sales Ordinance. • Staff is unaware of any problems, or concerns,caused by this operation at this location last year. • The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. ISSUES: • Mr. Richard Schweim, President of Jerry's Home and Garden Showplace, has written a letter regarding the City's fees for processing Conditional Use Permits. Until a recent City Code change which codified a process covering temporary and seasonal sales, activity such as Christmas tree sales, was allowed by a Special Use Permit. The cost to the applicant was $50.00 per lot on an annual basis. With the Code changes, most of these sales became subject to the Conditional Use Permit process and subject to certain conditions, run with the land indefinitely, and are not subject to annual renewal. The present City fee schedule requires a$150.00 application fee and a$500.00 escrow deposit. The escrow deposit is used to cover the City's costs (including staff time, etc.) with the balance refunded upon completion of the process. Total fees covered by the escrow deposit typically run the full range depending on the complexity of the use, site, etc., however, these specific applications will probably be in the $200.00 range. Regarding the two Conditional Use Permits referenced by Mr. Schweim, the $150.00 application fees were paid; but escrow deposits were not collected pending this appeal to the City Council. The issue remaining is whether the City will require, or waive, payment for the costs ordinarily covered by the escrow deposit. • The City Council agenda also contains a Conditional Use Permit and an Interim Use Permit for Eagan Evangelical Covenant Church for Christmas tree sales. They have paid both the application fee and escrow deposit. • In the event the City Council decides to waive any, or all, fees questioned by Mr. Schweim, staff would like direction regarding the broader policy issue of waiving fees in instances such as these. BACKGROUND/ATTACHMENTS: (3) APC Minutes of O o er 28, 1 eeting,pages through 7L- Staff Report, pages through . Letter from Mr. Schweim,page. SF:M' BY: 10-31-97 ; 14:32 SEVERSON SHE DON-* 612 681 4612;# 7/30 Page 6 Ooto 28, 1997 ADVISORY YLANNINU COMMISSION . •'' y CONDITIONAL USE PERMIT JERRY'S GARDEN CENTER-WALGREEN'S Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow a seasonal outdoor sale consisting of Christmas trees, stands, and wreaths to be located next to the parking lot of the Walgreens store at 2010 Cliff Road on properly legally described as Lots 1 and 2, Block 1, Hader Park in the NE%4 of Section 31. Senior Planner Mike Ridley introduced this item, Mr. Ridley highlighted the information presented in City staffs planning report dated October 14, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Commission Chair Heyl noted that if this item is approved, the applicant will not have to apply again next year. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit to allow a seasonal outdoor sale consisting of Christmas trees, stands, and wreaths to be located next to the parking lot of the Walgreens store at 2010 Cliff Road on property legally described as Lots 1 and 2. Block 1, Hadler Park in the NE% of Section 31, subject to the following conditions; 1. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use pmmit: 2. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 3. The CLIP shall be continually subject to the following conditions: 4. The Christmas tree stand shall be allowed on the site between November 29th and December 24th of each year, 5. Sales shall only be permitted during the following hours; 11;00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. 6. All signage shall meet City Code requirements. 7. No outdoor storage other than which is approved by the City shall occur on the site. R-94% 61L 432 3780 10-31-97 03:43PM P007 #44 SENT BY: 10-31-97 ; 14:33 : SEVERSON SHELDON-4 612 681 4612;# 8130 NEC 7 Oet bcr 28,1997 4 1 t• !,' , ADVISORY PLA14NINGCONO&SSIGN 8. The site shah be maintained free of trash and debris. 9. No parking associated with the seasonal sale shall occur off-site. 14. Access drive aisle from Cliff Road to Wahnens shall not be blocked. 11. Tear down and clean up shall be completed no later than January 1, 1998. All voted its favor. 7t R=94% 612 432 3780 10-31-97 03:43PM P008 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 14, 1997 CASE: 15-CU-28-9-97 APPLICANT: Jerry's Garden Center HEARING DATE: October 28, 1997 PROPERTY OWNER: Walgreen's PREPARED BY: Becky Robertson REQUEST: Conditional Use Permit LOCATION: 2010 Cliff Rd COMPREHENSIVE PLAN: PD—Planned Development ZONING: CPD—Commercial Planned Development SUMMARY OF REQUEST Jerry's Garden Center is requesting approval of a Conditional Use Permit (CUP)to allow a seasonal outdoor sale consisting of Christmas trees, stands, and wreaths to be located next to the parking lot of the Walgreens store at 2010 Cliff Rd on property legally described as Lots 1 and 2, Block 1, Hadler Park in the NE 114 of Section 31. 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 propert:-values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets,police and fire protection, drainage structures,refuse disposal, water and sewer systems and schools. 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 that 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. Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. Section 11.10 Subd. 29, C.2. states that in addition to the standards for Conditional Use Permits, seasonal outdoor sales shall conform to the following standards: (a) The Seasonal Outdoor Sale shall meet the minimum requirements for temporary outdoor events set forth in the Chapter. (b) The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. (c) The sale area shall not encroach into any required front building setback area or other required setbacks. (d) The sale area shall be screened from view from adjacent residential uses and residential zoned property. (e) The sale area shall not take up required parking spaces or landscaping areas of the principal use. (f) The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/EXISTING CONDITIONS The final subdivision for the Hadler Park Planned Development was approved in 1992. The plat included four lots, one for the old courthouse facility, one for Walgreens, and two lots for Class I restaurant pads. The proposed site is county owned, currently vacant, and has not been maintained for some time. The applicant would need to have the site cleared for this proposed outdoor seasonal sale. Jerry's Garden Center occupied this same space last year under an administrative approval from October to December. Since that time.the City has adopted the temporary event and seasonal outdoor sale ordinance. 7 '5 SURROUNDING USES The following existing uses,zoning, and comprehensive guide plan designations surround the subject property: North- Taco Bell; zoned Planned Development(PD)and guided Commercial Planned Development South- Rahncliff Learning Center and a pond; zoned Planned Development(PD) and guided Commercial Planned Development East- Walgreens; zoned Planned Development(PD) and guided Commercial Planned Development West- Minnesota Drivers License& Exam Facility; zoned Public Facilities (P) and guided Limited Business (LB) EVALUATION OF REQUEST If approved the Christmas tree lot will be set up shortly after City Council action on November 4, 1997. The trees will be partially delivered the first week of November 1997 with continuous delivery thereafter. Days of operation will be the Friday after Thanksgiving;November 28, 1997 through December 24, 1997. The lot will be open to the public from 11:00 A.M. –9:00 P.M. Monday through Friday and 9:00 A.M.– 9:00 P.M. Saturday and Sunday. They plan to sell Christmas trees, wreaths, stands, etc. The sales operation,teardown, and clean up is to be completed by January 1, 1998. Com2atibilit-v with Surrounding Area–The proposed site is zoned and guided for commercial use. All of the properties surrounding the proposed site area are also guided commercial uses. Three of the surrounding properties are zoned for commercial uses, while the fourth is zoned for public facilities. The seasonal outdoor sale of Christmas trees next to the Walgreens store parking lot appears to be compatible with the uses of the surrounding area. The drive located off of Cliff Road that serves Walgreens is not blocked by this proposed sale. Site Plan–The site plan shows the proposed tree lot to be located in the parking lot to the west of the Walgreens store. City Code requires a seasonal outdoor sale to be placed in an enclosure to achieve appropriate security and containment or for public safety reasons. The applicant proposes a three-foot high wire fence around the perimeter of the lot to serve as an enclosure and trees should not be stored outside of the fenced area. Setbacks–City Code requires a seasonal outdoor sale to be a minimum of 10 feet from any property line. The proposed display area appears to meet the required setback from adjacent properties. Signaae–The application does not contain any information concerning signage. All signage for this seasonal outdoor sale should conform to City Code standards. City Code requires the applicant to obtain a sign permit from the City. This type of permit has a fee for the first year given the sign stays the same from year to year. The code also allows a maximum of 25 square feet of signage for a conditional use. —7, Parking—It is not clear from the proposed site plan that parking associated with the outdoor sales event will not spill over onto adjacent properties due to the location of the stand. The stand operated last year during the same time period and in the same location and the City does not have any record of parking problems associated with the sale last year. SUMMARY/CONCLUSION The proposed seasonal outdoor sale of Christmas trees at the Walgreens store will be located at in the parking lot to the west of the store along Cliff Road. The sale will begin November 28, 1997 and last until December 24, 1997. The hours of operation for the lot will be 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. The booth will be cleared by January 1, 1998. ACTION TO BE CONSIDERED Recommend the Approval/denial a Conditional Use Permit(CUP)to allow a Seasonal Outdoor Sale located next to the parking lot of the Walgreens store at 2010 Cliff Rd on property legally described as Lots 1 and 2, Block 1, Hadler Park in the NE 1/4 of Section 31. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 1. The Christmas tree stand shall be allowed on the site between November 28th and December 24th of each year. 2. Sales shall only be permitted during the following hours: 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. 3. All signage shall meet City Code requirements. 4. No outdoor storage other than which is approved by the City shall occur on the site. 5. The site shall be maintained free of trash and debris. 6. No parking associated with the seasonal sale shall occur off-site. 7. Access drive aisle from Cliff Road to Walgreens shall not be blocked. 8. Tear down and clean up shall be completed no later than January 1, 1998. J FINANCIAL OBLIGATION 31-CU-28-9-97 Lots 1 and 2,Block 1 Hadler Park There are pay-off balances of special assessments totaling $45,350 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility. Improvement Use Rate Quantity Amount None $ 0 :� X11 f �,/► r ♦ �� •�� �♦��'1 �� IIii1►►� �� == - == �� � � Ia ,.►����1i �` :=---► i��t Iii11111�It/�I�� ■Mti■■ni�r■■■■■■■ ■■�■a■■■■■ n�ats�� �1f��t'� 01� IIII� a na +`r$' .�► Nll� � = ��n ►�`a►�a"�4 ..1l11� MINN ki ° a ;r °►j � i�a�� ���•4 l milli �1 T milli �i�.'♦ _ � 'fit �f �►� ��'�„ IN ou Nis N MW OWN AWA A Zoning Map low ■ it _ICI I •i1 going Amin V M. MAIM Ell Current Zoning Pl) Planned Development Nadler Park Addition Case No.� � �■■��� �= w � ���E '� � �t '��i`may' -�` � ;:•+': +� 1 I ��� 0 IWO Comprehensive Plan Map 0 0 0 M a r nignioz I��■` L •� ��` " nun _ " �,::..� ��■ ... SIR wow ISS" 0 ilk M MW all VM- ON Guide Plan Designation ' Commercial Planned Development Hadler Park Addition Case No. • ODO 0 100D Feet City of Eagan Community Development Department y r r, r ` ' ' NI September 17, 1997 Dear City of Eagan: I'm writing with regard to the new fees for the"Temporary Use Permit" the city has this year. My store has been sponsoring Boy Scout Troop 345 and Troop 510 of Eagan with their Christmas Tree Lots for the last 5 years. For every tree we sell.we donate$2.50 a tree to each troop. The Troops rely on this fund raiser each year to help out the Boy Scouts in their camping,equipment. and fees incurred for each Troop. The store has been trying to do their best to give back to Eagan some of what Eagan has given to us over the years. The new fees are very high:totaling $1300.00 for the two Troops. Neither the Troops or the store can afford to spend this money. If taken from the Troops-,they barely have a reason to spend the time and*energy helping out at the lots. Each Boy Scout gives a certain amount of time each year at the lots and their parents accompany them on their time. We feel that the$500.00 escrow per lot should be waived as this is a charitable fund raiser for Boy Scout Troop 345 and Boy Scout Troop 510. The City of Apple Valley waives all its fees for qualified Apple Valley area non-profit organizations. The Boy Scout Troops qualify as such. We believe it to be in the best of both our interests to provide the troops'with a quality experience to both learn and profit from. and to let us provide it to them. In turn you will have our gratitude for providing us with the ability to help succeed in our goal. � 1 Regards, (chard Schweim President Agenda Information Memo November 3, 1997 Eagan City Council Meeting C. CONDITIONAL USE PERMIT — EAGAN EVANGELICAL COVENANT CHURCH ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow seasonal sales on Lot 1, Block 1, Eagan Evangelical Church, located at 4100 Lexington Way, in the southwest quarter of Section 23. FACTS: In 1996, Eagan Evangelical Church operated Christmas tree sales at this location after receiving approval administratively prior to the City adopting the Seasonal Sales and Temporary Outdoor Sales Ordinance. • Staff is unaware of any problems, or concerns, caused by this operation at this location last year. • The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2) APC Minutes of OctobQr 2 , 1997 et' g, pages�through�. Staff Report, pages�—f-`hrough SEV BY: 10-31-97 ; 14:33 SEVERSON SH1.DON-� 612 681 4612;# 9/30 rage 8 October 28,1 M ADVISORY PI.AMMNCi COMMISSION L+! l CONDMONAL USE PERMIT EAGAN EVANGELICAL COVENANT CHURCH Commission Chair Heyl opened the next public bearing of the evening regarding a Conditional Use Permit to allow a Seasonal Outdoor Sate of Christmas trees on Lot 1, Block 1, Eagan Evangelical Covenant Addition located at 4100 Lexington Avenue in the SEV4 of Section 22. Senior Plarmer Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report lobed October 20, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Commission Chair Heyl noted that if this item is approved, the applicant will not have to apply again next year. Member Bakken moved, Member Carlson seeondcd, a motion to recommend approval of a Conditional Use Permit to allow a Seasonal Outdoor Sale of Christmas trees on Lot 1, Block 1, Eagan Evangelical Covenant Addition located at 4100 Lexington Avenue in the SEf4 of Section 22, subject to the following conditions: 1. If approved, the CUP shall be subject to the following conditions prier to issuance of a interim use permit: 2. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 3. The CUP shall be continually subject to the following conditions: 4. The Christmas tree stand shall be allowed on the site between November 15th until December 20th of each year. 5. Sales shall. only be permitted Monday through Thursdays 5 p.m. until 9:00 p,m., Fridays 5 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p.m., and Sundays 12:00 p.m. unfit 9:00 p.m. 6. All signage shall meet City Code requirements. 7. No outdoor storage other than which is approved by the City shall occur on the site. S. The site shall be maintained free of trash and debris. R=94% K12C432 3780 10-31-97 03:43PM P009 #44 SENT BY: 10-31-87 ; 14:33 SEVERSON SHELDON- 612 681 4612;#10/30 Page 9 r October 28, 1997 9. No parking associated with the seasonal sale shall occur off-site. 10. The proposed seasonal outdoor We shall be in compliance with the submitted plan dated September 19, 1997. 11. Tear down and clean up shall be completed no later than January lst of each year. All votcd in favor. R=93% 6T14 32 3780 10-31-97 03:43PM P010 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 20, 1997 CASE: 23-CU-29-9-97 APPLICANT: Eagan Evangelical Covenant HEARING DATE: October 28, 1997 Church PROPERTY OWNER: Eagan Evangelical PREPARED BY: Tamara Pregl Covenant Church REQUEST: Conditional Use Permit LOCATION: 4100 Lexington Avenue COMPREHENSIVE PLAN: PF, Public Facilities. Quasi-Public ZONING: PF, Public Facilities SUMMARY OF RE UEST The Eagan Evangelical Covenant Church is requesting approval of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale of Christmas trees on Lot 1, Block 1,Eagan Evangelical Covenant Addition located at 4100 Lexington Avenue in the SE '/4 of Section 22. AUTHORITY FOR REVIEW Conditional Use Permit City Code Chapter 11, Section 11.40, Subd. 4, C 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—Eagan Evangelical Covenant Church October 28, 1997 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. City Code Chapter 11, Section 11.40, Subd. 4, D 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. City Code Chapter 11, Section 11.40, Subd. 4, E states that if the Plan Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this Section. Seasonal Outdoor Sales Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The recently revised and adopted City Code Chapter 11, Section 11.10, Subd. 29.4 states that in addition to the standards for conditional use permits, seasonal outdoor sales shall conform to the following standards: A. Seasonal Outdoor Sale shall meet the minimum requirements for temporary outdoor events set forth in the Chapter 11. B. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. C. The sale area shall not encroach into any required front building setback area or other required setbacks. D. The sale area shall be screened from view from adjacent residential uses and residential zoned property. S Planning Report.—Eagan Evangelical Covenant Church October 28, 1997 Page 3 E. The sale area shall not take up required parking spaces or landscaping areas of the principal use. F. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/EXISTING CONDITIONS The Eagan Evangelical Covenant Church Addition received final plat approval in October 1989. A building permit for the church was issued in 1989. The site is 4.84 acres in size and contains an 8,500 square foot church and a barn. In September of 1995, a variance request and moving permit were granted to relocate a barn from the Soderholm Addition onto the church's property for the purpose of a church youth and family center. The EECC has conducted Christmas tree sales on the site in past years. According to the applicant, approval was done administratively. SURROUNDING USES The following existing uses, zoning,and comprehensive guide plan designations surround the subject property: North - Lexington Avenue South- Soderholm; zoned Planned Development(PD) and guided Neighborhood Business East - Lexington Hills 1"Addition; zoned Planned Development (PD) and guided Mixed Residential, 6-12 units/acre (D-III) West- Single Family Residential; Residential Single Family(R-1)and Agricultural (A) EVALUATION OF RE UEST The City Zoning Code allows for seasonal outdoor sales as a conditional use within a public facilities zoning districts of the city, subject to the adopted standards. The applicant has applied for a Conditional Use Permit for the seasonal outdoor sale of Christmas trees. Sale hours are to occur as follows: Monday through Thursdays 5 p.m. until 9:00 p.m., Fridays 5 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p:m.,and Sundays 12:00 p.m. until 8:00 p.m. The setup and sale period will take place from November 15`'through December 20te of each year. According to the applicant,members of the church and members of the Boy Scout Troop 458 who are sponsored by the church and volunteers from the community will sell the trees. The proceeds from Christmas tree sales will be used fora `Barn Project'. Como,atibilin with Surrounding Area—The proposed site is zoned and guided for public facilities use. The seasonal outdoor sale of Christmas trees,which will be located in the 9�0 Planning Report—Eagan Evangelical Covenant Church October 28, 1997 Page 4 southeast corner of the parking lot, does not appear to be obtrusive to surrounding areas. This is a temporary event that will occur from November 15`h until December 20'. The amount of traffic that maybe generated from this event will not likely exceed the amount of traffic that is presently audible at the retail area to the south of the site on Diffley Road. Site Plan—The site plan shows the proposed tree lot, warming shelter and tree storage area to be located at the southeast corner of the parking lot. Five temporary lighting fixtures that will be installed around the tree lot to allow sales during evening hours. The lighting will be halogen suitable for outdoor use. They will be mounted on poles and aimed in such a manner as to illuminate the trees and not shine on surrounding streets. The tree lot will be fenced with wire and a wooden slat type of fencing. Excess trees stock will be stored to the south of the proposed tree lot. Access/Circulation—The proposed location of the tree lot will not interfere with pedestrian or vehicular traffic on-site. The tree lot is proposed to be placed on the grassy area on the southeast corner of the parking lot. There is a single access to the site off of Lexington Way. Si na e - The applicant is proposing a banner along Cliff Road. All signage shall conform to City Code standards. City Code requires the applicant to obtain a sign permit by the City. This type of permit has a fee for the first year, given the sign stays the same from year to year. The code also allows a maximum of 25 square feet of signage for a conditional use. Setbacks—City Code requires a seasonal outdoor sale to be a minimum of 10 feet from any property line. The proposed display area meets that required setback from adjacent properties. Parking—Currently, there are 83 parking spaces on-site. Parking associated with the outdoor sales event does not appear likely to spill over onto adjacent properties. Parking for this event will be contained within the parking area designated for the church. The request complies with Conditions A through E of the City Code Chapter 11, Section 11.10, Subd. 29.4, Seasonal Outdoor Sales; however, Condition G requires that the sale area be surfaced with concrete or an approved equivalent to control dust and erosion. The proposed event will occur during the months of November and December. Snow and ice should provide an acceptable surface for the sale of Christmas trees. SUMMARY/CONCLUSION The proposed seasonal outdoor sale of Christmas trees at the Eagan Evangelical Covenant Church will be located at the southeast corner of the parking lot. The timing of this project will occur from November 15`'until December 20`x. Christmas tree sale hours are to occur as follows: Monday through Thursdays 5 p.m. until 9:00 p.m., Fridays 5 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p.m.,and Sundays 12:00 p.m.until 8:00 p.m. The location of the tree lot and cashier area will be located on what is now a grassy area in the southeast corner of the existing parking lot. This proposed site would not interfere with vehicular traffic on-site. 1 17 Planning Report—Eagan Evangelical Covenant Church October 28, 1997 Page 5 ACTION TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit (CUP)to allow a Seasonal Outdoor Sale of Christmas trees If approved, the CUP shall be subject to the following conditions prior to issuance of a interim use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 1. The Christmas tree stand shall be allowed on the site between November 15`h until December 20'b of each year. 2. Sales shall only be permitted Monday through Thursdays 5 p.m. until 9:00 p.m., Fridays 5 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p.m.,and Sundays 12:00 p.m. until 8:00 p.m. 3. All signage shall meet City Code requirements. 4. No outdoor storage other than which is approved by the City shall occur on the site. 5. The site shall be maintained free of trash and debris. 6. No parking associated with the seasonal sale shall occur off-site. 7. The proposed seasonal outdoor sale shall be in compliance with the submitted plan dated September 19, 1997. 8. Tear down and clean up shall be completed no later than January Is'of each year. FINANCIAL OBLIGATION 23-CU-29-9-97 Lot 1,Block 1, Eagan Evangelical Covenant Church There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility. Improvement Use Rate Quantity Amount None $ 0 MEN NONE OR 51821■N��� 11/11111/ 4';` ■i1i1■I■f1��1 ♦��� � Bill� fM !r''�! ,�*I'��i = �-�� �111iii1l��i�� t*�'�,�#�►�` r• �i1 r'r�� zz ,t �� 1f11■ wism ■ ■ilifili �# ME Mi ��II/i11■111111\ "� �i► �r/� NOR illfj 11/111111111111■ ■11�� 'Ir11111Mi� ■11111ra ■11�11�11�11111111■ Elf �/ � _ ■ ■11111111111111111■ � m��i a■iii ;��,����.� l■ii ONE NO ,� ' ����►t11ii �� 'I�Iillilil111►� �� ■a`�► � � �, �, lull f11f►�� �� � VNIN NO ON NONS SEEN 1� E■ now ,`i ce m M M ■ m m �wir �� �li�t�►� i EN � M � i M �11 1i ii » is i ■Ifiiil!■i■i ` i 11/11111 i► •jr11 0 BE ■ I�i�fi�ll'i■1 f11■III��11►I soon�����`►�■ ■i=��t'�1�f 7�II1111111 i �n/illnflll��lll Mill/ ' ��■ �� lilt am 0 WO FW Eagan Evangelical Lutheran Church 4100 Lexington Way Conditional Use Permit Case No. . . City at ftgan Community Development Department Zoning Map SEEM MUMS EM ME IN MEMS OEM MM IME ► Elva ■11■ �■1 �.leQ� �■nl/� y ii � IIEIN■���±w� Sr�,EA C: :e■m mom= ■iii► �� sia � L'■�■nu ■u■ir�s. ♦• � �� qu MMOr Mon a lip FA an MOM 01 Inglis ME ME MEM an ago— Current Zoning P Public Facilities Eagan Evangelical Covenant Church +E Case No. 1 . . ,,, 0 IWO FW Comprehensive Plan . r . M !"M 11111 sm NONNI ea = -.= '- slim wim"I No N� ■ �+al/Wi■1111 . ■ �� � ♦ tee ■ � ' MINE MEN i■ir.\■■r If■Il■'le`i■ ►�►`i�� r �Wh LPG �• �� FIRM Made MM ii 213M i ww wR ■ii■■■t�/■i/►�' 1�WE mow' A�■■� ■ .. .■ on 111�■iw■■i►� ti►� ME Guide Plan Designation PF Public Eagan . - Case No. 23-CU-29-09-97 + 000 0 100D Feet City of Eagan Community Development Department �i W r V l 7 w� � _ W � J Z y W? ti 71 s z W a , IL cn o w115,x3 i I � yj� i � P I I -y, r Lo 3nl^ J.1ar3.w�'d October 20, 1997 OCT 2 1 1997 City of Eagan Community Development Department — 3830 Pilot Knob Road Eagan, MN 55122 re: 23-CU-29-09-97 Dear People , My wife and I want to express our approval in the granting of the Conditional Use Permit to the Eagan Evengelical Covenant Church. We are not members of that congregation, but we want you to know that we couldn 't "wish" for better neighbors. Please encourage the City Council to approve this permit without delay. Sincerely, Floyd J .Rodmyre Marg ret E. Rodmyre 4145 Lexington Way Eagan , MN 55123 Agenda Information Memo November 3, 1997 Eagan City Council Meeting D. INTERIM USE PERMIT—EAGAN EVANGELICAL CHURCH ACTION TO BE CONSIDERED: To approve/deny an Interim Use Permit to allow seasonal sales on 2.4 acre agriculturally-zoned unplatted property located at the southwest corner of Cliff Road and Dodd Road in the NW 1/4 of Section 36. FACTS: ® In 1996, Eagan Evangelical Church operated Christmas tree sales at this location after receiving approval administratively prior to the City adopting the Seasonal Sales and Temporary Outdoor Sales Ordinance. Staff is unaware of any problems, or concerns.caused by this operation at this location last year. The City Zoning Ordinance does not allow seasonal outdoor sales as a Conditional Use within agricultural zoning districts;therefore, the applicant has applied for an Interim Use Permit. • The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2) APC Minutes of Octube-L 28, 1997 meeting, pages through". Staff Report, pages through ILL. 95-01� SENT BY: 10-31-97 ; 14:34 SEVERSON SHELDON-4 612 681 4612;#11/30 page IU 0doler 28, 1997 f•--. 1 AL)VLSUKY PLANNINO COWMSION INTERIM USE PERMTf EAGAN EVANGELICAL COVENANT CHURCH Commission Chair Heyl opened the next public hearing of the evening regarding an interim Use Permit to allow seasonal outdoor sales of C%rist{nas trees on the southwest corner of Cliff Road and Dodd Road in the NWA of Section.36. EECC is seeking a multiple year interim use permit for a minimum of S years or until &e property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs plmming report dated October 21, 1997. Mr. Ridley noted the background and history, the surrounding uses and the wdsting conditions of the subject property. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of an Interim Use Permit to allow seasonal outdoor sales of Christmas trees on the southwest corner of Cliff Road and Dodd Road in the NWK of Section 36. EECC is seeking a multiple year interim use permit for a minimum of 5 years or until the property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed, subject to the following eanditions: 1. The 1UP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. The IUP shall be continually subject to the following conditions; 3. The permit shall be valid for five (5) years or until the property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and dcvclopcd, which ever comes first. 4. The Christmas tree lot stall be allowed on the site between November 16th and December 20t1L 5. The hours of operation shall be limited to: Monday through Thursday, 5:00 p.m. until 9:00 p.m.;Friday, 5:00 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; and Sundays 12:00 p.m,until 5:00 p.m. 6. All siguage shall meet City Code requirements. R=94% 6 3780 10-31-97 03:43PM P011 #44 SENT BY: 10-31-97 ; 14:34 ; SEVERSON SHELDONi 612 681 4612;#12130 October 28,1997 ADVISORY PLANNING CONNISSION 7. No outdoor storage other than which is approved by the City shall occur on the site. S. The site shall be maintained free of trash or debris. 9. No parking associated with the seasonal sale shall occur off-sine. 10. Access to the site shall be strietly from Dodd Road, 11. The proposed seasonal outdoor sales event 9ha11 be in compliance with all applicable City regulations. 12. Tear down and clean up shall be completed no later than January Ist of each year. All voted in favor. R-94% 61q23 2 3780 10-31-97 03:43PM P012 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 1997 CASE: 36-IN-2-9-97 APPLICANT: Eagan Evangelical Covenant HEARING DATE: October 28, 1997 Church PROPERTY OWNER: Phil Larson PREPARED BY: Tamara Pregl REQUEST: Interim Use Permit LOCATION: Southwest corner of Cliff Road and Dodd Road COMPREHENSIVE PLAN: A,Agriculture ZONING: A,Agriculture SUMMARY OF REQUEST Eagan Evangelical Covenant Church(EECC)is requesting an Interim Use Permit (IUP)to allow seasonal outdoor sales of Christmas trees on the southwest corner of Cliff Road and Dodd Road in the NW %4 of Section 36. EECC is seeking a multiple year interim use permit for a minimum of 5 years or until the property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed. AUTHORITY FOR REVIEW Interim Use Permit City Code Chapter 11, Section 11.22 defines an interim use as a"temporary use of property until a particular date,until the occurrence of a particular event or until zoning regulations no longer permit it." This section further provides that the Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to th zoning regulations herein;. B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; Planning Report- Eagan Evangelical Covenant Church October 28, 1997 Page 2 D. The use agrees to any conditions that the Council deems appropriate for permission of the use; E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Conditional Use Permit City Code Chapter 11, Section 11.40, Subd. 4, C 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. 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. City Code Chapter 11, Section 11.40, Subd. 4, D 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. 17 Planning Report-Eagan Evangelical Covenant Church October 28, 1097 Page 3 Seasonal Outdoor Sales Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The recently revised and adopted City Code Chapter 11, Section 11.10, Subd. 29.4 states that in addition to the standards for conditional use permits, seasonal outdoor sales shall conform to the following standards: A. Seasonal Outdoor Sales shall meet the minimum requirements for temporary outdoor events set forth in the Chapter 11. B. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. C. The sale area shall not encroach into any required front building setback area or other required setbacks. D. The sale area shall be screened from view from adjacent residential uses and residential zoned property. E. The sale area shall not take up required parking spaces or landscaping areas of the principal use. F. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/EXISTING CONDITIONS The property is located on the southwest corner of Cliff Road and Dodd Road. The property is owned by Mr. Phil Larson. In the past,this site has been the home of Pahl's Market, a seasonal produce stand. There is a trailer on the site that faces Cliff Road used for Pahl's Market. The site has two access points, one access off of Cliff Road and the other off of Dodd Road. The EECC has conducted Christmas tree sales on the site in past years. Approval was done administratively. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Fawn Ridge Subdivision; zoned Planned Development(PD) and guided Single Family, 0-3 units/acre(D-I) South- Residential and Dakota Electric Power Substation; zoned Agriculture (A)and guided Single Family, 0-3 units/acre (D-I) 0� Planning Report-Eagan Evangelical Covenant Church October 28, 1997 Page 4 East- Bloomquist Design Landscaping; zoned Agriculture(A) and guided Mixed Residential, 0-6 units/acre (D-II) West- Vacant; zoned Agriculture (A) and guided Single Family, 0-3 units/acre (D-I) EVALUATION OF REQUEST The City Zoning Code does not allows for seasonal outdoor sales as a conditional use within an agricultural zoning district of the City. Therefore, the applicant has applied for a Interim Use Permit for the seasonal outdoor sales of Christmas trees. Sale hours are to occur: Monday through Thursdays, 5 p.m. until 9:00 p.m.; Fridays, 5 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; Sundays, 12:00 p.m. until 8:00 p.m. The setup and sale period will take'place from November 15th through December 20th. According to the applicant,members of the church and members of the Boy Scout Troop 458 who are sponsored by the church and volunteers from the community will sell the trees. The proceeds from Christmas tree sales will be used for a"Barn Project." The applicant has received permission from Mr. Phil Larson,property owner,to sell Christmas trees on this site. Compatibility with Surrounding Area- The site is located on the southwest corner of Cliff Road and Dodd Road. The season sale of Christmas trees does not appear to be incompatible to the surrounding area. This is a temporary event that will occur from November 15th until December 20th. The amounts of traffic generated from this temporary event will unlikely exceed the amount of traffic presently experienced on Cliff Road and Dodd Road. Site Plan - The site plan submitted shows the proposed Christmas tree lot to be located behind the existing trailer that is used by Pahl's Market during the summer months. Six temporary lighting fixtures will be installed around the tree lot to allow sale during evening hours. The lights will be halogen suitable for outdoor use. They will be mounted on poles and aimed in such a manner as to illuminate the trees and not shine on surrounding streets. The tree lot will be fenced with wire, the type of fencing used to enclose gardens. Access/Street Design- There are currently two access points to the site. One access off of Cliff Road and the second access off of Dodd Road. Staff has concerns about direct access of Cliff Road, a two lane rural segment,particularly in the wintertime and believes that access should be limited to Dodd Road only. Signa�ge - The applicant is proposing a banner along Cliff Road. All signage shall conform to City Code standards. City Code requires the applicant to obtain a sign permit by the City. This type of permit has a fee for the first year, given the sign stays the same from year to year. The code also allows a maximum of 25 square feet of signage for a conditional use. Setbacks—City Code requires a seasonal outdoor sale to be a minimum of 10 feet from any property line. The proposed display area meets that required setback from adjacent properties. 0 Planning Report- Eagan Evangelical Covenant Church October 28, 1997 Page 5 Parkin —A parking lot has been identified on the Site Plan. Currently,the site has a gravel area that has been used as parking for Pahl's Market during the summer months. According to the applicant, since this event will occurring during the months of November and December with the likelihood of snow,parking will be designated by the plow. However, if no snow has fallen by then,the applicant will put stakes with markers defining the parking area. The request complies with Conditions A through E of the City Code Chapter 11, Section 11.10, Subd. 29.4, Seasonal Outdoor Sales;however, Condition F requires that the sale area be surfaced with concrete or an approved equivalent to control dust and erosion. The proposed event will occurring during the months of November and December. Snow and ice should provide an acceptable surface for the sale of Christmas trees. SUMMARY/CONCLUSION The proposed seasonal outdoor sales of Christmas trees by the Eagan Evangelical Covenant Church will be located on the corner of Cliff Road and Dodd Road. The timing of this temporary event will occur from November 15th until December 20th. Christmas tree sale hours are to occur: Monday through Thursdays, 5 p.m. until 9:00 p.m.; Fridays, 5 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; Sundays, 12:00 p.m. until 8:00 p.m. The setup and sale period will take place from November 15th through December 20th. The tree lot will be located behind the existing trailer on the site. To avoid possible traffic problems on Cliff Road, access to the site should be limited to Dodd Road only. ACTION TO BE CONSIDERED To recommend approval or denial of a Interim Use Permit (IUP)to allow a seasonal outdoor Sales of Christmas trees. If approved, the IUP shall be subject to the following conditions prior to issuance of a interim use permit: 1. The IUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The IUP shall be continually subject to the following conditions: 1. This permit shall be for a minimum of five(5)years or until the property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed,which ever comes first. 2. The Christmas tree lot shall be allowed on the site between November 16th and December 20th. V Planning Report -Eagan Evangelical Covenant Church October 28, 1997 Page 6 3. The hours of operation shall be limited to: Monday through Thursday, 5:00 p.m. until 9:00 p.m.; Friday, 5:00 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; and Sundays 12:00 p.m. until 8:00 p.m. 4. All signage shall meet City Code requirements. 5. No outdoor storage other than which is approved by the City shall occur on the site. 6. The site shall be maintained free of trash or debris. 7. No parking associated with the seasonal sale shall occur off-site. 8. Access to the site shall be strictly from Dodd Road. 9. The proposed seasonal outdoor sales event shall be in compliance with all applicable City regulations. 10. Tear down and clean up shall be completed no later than January 15t of each year. Illl �� rte' +.; �+■ I��� �ir� � ,� ���.�+�Rii �� 111 1// ! � � ` � w '�� ■ OR oil �/Ii��►�� M III NIIIIf��IIII► i IR, iiiil--iliii�Y11Iriliil��,� IN �! ►�,,� ill �•�� . .�`'� !'��r�rr�/�► ' FAII KIM � ��Illl� � ��►� � �1I�`, `/,fig,e��r���� �� � •� ■■r �1�111111'�' wr���,�''��' ■ ,.. �� � .111111 �■ �� ■■■O / 1 No . Mi► �l1 oil r n• . u. I ■ �► . ►+'``' ♦t*,� 1111 .nr�■■.m� �► '�„- Zoning Map MIR r� �.�. emu""'■f �.,�-„ a filings wor PWRIF j 0 V Won al * ' � � PC w�• : M Current Zoning A Agriculture SW Corner of Cliff Rd & Dodd Rd -*E Case • 36-IN-02-09-9 WtY at 9"w Community Dwrewpment Department (0e; Mee" Comprehensive Plan Map MEN r PENNIV NEW L PAP IN P! 19000- Mw WWI ■ Yi:i411 ��� i All ■ �11r► ■ ... ,r�r�► Mr� Guide . • D Single Family (0-3 units/acre) SW Corner of . & Dodd Rd Case • 36-IN-02-09-9 I ow 0 1000 Foot City of Eagan Community Development Department f � (I c) DELMAR He SCHWANZ LAND SURVEYORS.INC. Registered Under laws of The State of Minnesota 14750 SOUTH ROBERT TR"t ROSEMOUNT. MINNESOTA 55068 612/423.1769 -torW O ' 03q '�S SURVEYOR'S CERTIFICATE NE. corner of NW} - Sec. 36 id CT North line of NWI Sec. 36 312.68 N89°4150 W -- -- 805.84 N� 89 o CLIFF ROAD CP 1sr%�4 h turf Q S 1 S • d \ �Q �3� 3 � '� pia►\,•c„t Y = 1ty��' t. O .42 ACRES) a easement \ �� S � � nt - y ark N Utility easement \`O fe \ , 202's 8911 r N83°00 22 E 233.80 EAST \- i Dakota Electric SCALE: 1 inch = 100 feet LEGAL DESCRIPTION That part of the Northwest Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West (assumed bearing) along the north line thereof a distance of 805 .84 feet to the point of beginning of land to be described; thence continuing North 89 degrees 41 minutes 50 seconds West along said north line a distance of 312.68 feet; thence South 00 degrees 15 minutes 00 seconds West a distance of 286.00 feet; thence on a bearing of East a distance of 233.80 feet; thence North 83 degrees 00 minutes 22 seconds East a distance of 202.89 feet; thence Worth 25 degrees 02 minutes 00 seconds West a distance of 286.55 feet to the paint of beginning. Subject to a public road easement o the east for Dodd Road and on the north for Cliff Road. Containing 2 .42 acres. O Uh`1i i r nn7 n ■ � iii■ � '�� ��� PIP FWA'A lid PAP, logo W low MEMO MIX WM MMMM wal- ■ loss MEN �► ■ /■■■� Evangelical Eagan - D . . . Road Interim Use Permit Case No. 1 _�_ City of Eagan Community Development Department - ,�►+� � .ter Iwo ! f PIFM Current ■ ■ • A Agriculture 111 1 111 Mr v N s ooT 111 ■ ' 41 �,!!r ► _ C1 , i► \ WE NJ MUM don U I Nil —MAW ME ♦ ., ♦ .ow MM ��� � ,� X111 ■ ;mme . Designation Guide Plan D-1 Single Family (0-3 units/acre) best * 6 DELMAR He SCHWANZ LAND SURVEYORS.INC. Replslemd Under Laws of The Stele of 6Alnnesole 14750 SOUTH ROBERT TR"I_ ROSEMOUNT. MINNESOTA 55068 612/423-1769 - I . -a-S SIJRVEYOR'S CERTIFICATE NE. corner of NWT Sec. 36 � North line of NW} Sec. 36 312. 68 N89°4150 W - -' 805.84 Nr 0 1' CLIFF ROAD I o 15 d \ I �s33 3 t Q,LI-, a - _o ro l \ 1- In .42 ACRES) \ � o�,, 0 0 Vv Ln QQ{�'��'g Utilit a y g easement \ . � nt - ark N Utility easement 15 , 202 89„ EAST NWICO 22 E `33 233.80 i Dakota Electric SCALE: 1 inch = 100 feet LEGAL DESCRIPTION That part of the Northwest Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West (assumed bearing) along the north line thereof a distance of 805 .84 feet to the point of beginning of land to be described; thence continuing North 89 degrees 41 minutes 50 seconds West along said north line a distance of 312.68 feet; thence South 00 degrees 15 minutes 00 seconds West a distance of 286.00 feet; thence on a bearing of East a distance of 233.80 feet; thence North 83 degrees 00 minutes 22 seconds East a distance of 202.89 feet; thence forth 25 degrees 02 minutes 00 seconds West a distance of 286.55 feet to the paint of beginning . Subject to a public road easement can the east for Dodd Road and on the north for Cliff Road. Containing 2.42 acres . Agenda Information Item November 3, 1997 Eagan City Council Meeting E. CONDITIONAL USE PERMIT-D.G.WELDING ACTION TO BE CONSIDERED: • To approve or deny a request for a Conditional Use Permit for D.G. Welding to allow the outdoor storage of structural steel,finished product,company vehicles and a trailer at its facility located on Lots 1,Block 1 Tan Me Addition(3265 Sun Drive) subject to the conditions listed in the APC minutes. FACTS: + At its regular meeting on October 28, 1997 the Advisory Planning Commission(APC) held a public hearing on this item. No one from the public appeared for this item. The APC recommended approval of this item subject to the conditions listed in the planning report. • The welding shop and office are a permitted use in the I-1 zoning district. The proposed outdoor storage requires a Conditional Use Permit. • The proposed outdoor storage area(approximately 1,530 s.£)is located in the rear portion of the site,is proposed to be completely fenced, and the landscaping and topography will screen it from any view from Sun Drive(a private road). BACKGROUND: Minutes from October 28, 1?17 APC meeting-page� . Planning Report-pages - I r'1 SENT BY: 10-31-97 ; 14:34 ; SEVERSON SHE DON-+ 612 681 4612;#13/30 Page 12 WoUr 29,1997 ADVISORY P1.ANNINGCOMMISSION p' CONDITIONAL,USE PERMIT `` � �; E' D.G.ENTERPRISES Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of structural steel, finished product, company vehicles and a trailer at 3265 Sun Drive (Lot 1, Block 1, Tan Me Addition), west of Terminal Drive,north of Yankee Doodle Road in the SE14 of Section 8. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in City staffs planning report dated October 14, 1997. Ms. Tyree noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant and his representative were present but made no comment, Member Frank moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of structural steel, finished product, company vehicles and a trailer at 3265 Sum Drive (Lot 1, Block 1, Tan Me Addition), west of Terminal Drive, north of Yankee Doodle Road in the SEV4 of Section 8, subject to the following conditions: 1. The Conditional Use Permit 9A be recorded at Dakota County within 60 days of its approval by the City Council. 2. The storage shall not exceed 6'in height. 3. The outdoor storage shall be limited to company vehicles,structural steel,finished products, and a trailer as identified on the site plan dated October 3, 1997. All voted in favor. R=94% 6112 432 3780 10-31-97 03:43PM P013 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 14, 1997 CASE:1 I-CU-22-8-97 APPLICANT: D.G. Enterprises HEARING DATE: October 28, 1997 PROPERTY OWNER: Delores Dolney PREPARED BY: Shannon Tyree REQUEST: Conditional Use Permit-Outdoor Storage LOCATION: Lot 1,Block 1,Tan Me Addition COMPREHENSIVE PLAN: Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST D.G. Enterprises has requested a Conditional Use Permit to allow outdoor storage of structural steel,finished product, company vehicles and a trailer at 3265 Sun Drive (Lot 1, Block 1, Tan Me Addition),vilest of Terminal Drive,north of Yankee Doodle Road in the SE 1/4 of Section 8. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd.4, C states: The Planning Commission.shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety,or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area,nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets,police and fire protection, drainage structures,refuse disposal,water and sewer systems and schools. l � Planning Report-D.G. Welding - CUP October 28, 1997 Page 2 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. Performance Standards. Outdoor storage permitted in accordance with Subparagraph A. (Outdoor Storage by Businesses)herein shall comply to the following requirements, in addition to those requirements set forth in Subdivision 4 of Section 11.40 of this Chapter: 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 General Business(GB)and Community Shopping Center(CSC) zoning districts,the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In Limited Industrial(I-1)and General Industrial(I-2)zoning districts,the enclosure may be detached from the principal building. 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. 3. The outdoor storage area shall be screened from view from the public right of way and from any adjacent property which is designated for residential uses in the Comprehensive Guide Plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 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. BACKGROUND/HISTORY In 1995,Lot 7, Block 1, Sibley Terminal Industrial Park was subdivided into three lots, Tan Me Addition. D.G Welding is located on Lot 1,Block 1,Tan Me Addition(1.95 acres). 1 ( J Planning Report -D.G. Welding - CUP October 28, 1997 Page 3 EXISTING CONDITIONS The welding shop and office are permitted uses and the 18,112 s.f,building is currently under construction. According to the applicant the storage of,raw steel, finished products, company vehicles and a trailer(used to move finished product) are associated with the principal use. D.G. Welding employs approximately 19 people and specializes in custom welding. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North-Bachman's; zoned I-1; guided IND. South-Tan Me office&Warehouse; zoned I-1, guided IND. East- Henning Rhode; zoned I-1,guided IND, West- City of Eagan;zoned I-1; guided IND. EVALUATION OF RED UEST Site Plan-The site plan shows the proposed outdoor storage to be located in the rear portion of the site. Two main areas, identified on the site plan, specifically designate the outdoor storage locations. The site nearest the building is approximately 360 s.f, and the larger 1,167 s.f area is located along the retaining wall at the north end of the parking lot. According to the applicant the storage areas would be used for storage of structural steel and finished product before shipping. The area is surfaced with bituminous pavement and concrete curb. The rear parking lot is proposed to be completely fenced with a 6' chain link fence; a gate is located on the east side of the building. The site plan indicates a future accessory building,it is not yet known when or if this building will be constructed. The applicant is proposing 35 parking spaces, 14- 10'x 18'customer parking spaces and 21-9'x 18' employee spaces. Forty-one spaces area required by Code. Six spaces are identified on the plan as proof of parking. Landsca in -A landscape plan was submitted with the building permit. The plan provides screening of the storage area from Sun Drive(private road) Grading and Utilities-The grading and utilities plan are acceptable. J ( (0 Planning Report - D.G. Welding- CUP October 28, 1997 Page 4 Compatibili!y with Surrounding Area-. Many of the businesses in the area have outdoor storage areas utilized for company trucks, equipment, containers, and trucks. The outdoor storage site is located in an inconspicuous area. Its proposed location on the rear side of the building,the topography and landscaping should screen this from view. Access/Street Design -Access to the site is from Sun Drive which is a private drive to serve Tan Me,D.G. Welding, and a future use to be located on the vacant Lot 3,Block 1, Tan Me Addition. SUMMARY/CONCLUSION The proposed outdoor storage area is located in an area of minimal visibility. The use of outdoor storage as proposed appears compatible with the area and the standards set forth for outdoor storage by a business. The outdoor storage areas have been defined and do not compete with parking or landscaped areas. ACTION TO BE CONSIDERED The action for consideration is to recommend approval or denial of the proposed Conditional Use Permit allowing outdoor storage structural steel,finished product, company vehicles and a trailer subject to the following conditions. 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The storage shall not exceed 6'in height. 3. The outdoor storage shall be limited to company vehicles, structural steel, finished products, and a trailer as identified on the site plan dated October 3, 1997. 1 � FINANCIAL OBLIGATION 8-CU-21-8-97 Lot 1,Block 1, Tan Me,Industrial Park There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility. Improvement Use Rate Quantity Amount I Location Map f a Ee o ° I I J ° ®Bop p0 Su 'ect Site o ® �®Q % or mo ow E€. e � t to ® ® ®5 8EJ15 logo -- COUNTY ROM NO.-[r1W EEE DOODLE ROM] OR • F Do G. Enterprises Conditional Use Permit lie N E Case No. 08-CU-21-08-97 0 800 _,_800 Feet City of Eagan Community Development Department / Zoning a 41 ' E ®�®� FP Rd 32 o � x x FP ® ® u V GB R-4 R-3 M 41 A R-4 i w� e ZO• � ;3a R.3 n o PK mm A m(Dmmm a R-4 mmmmm PD NB Le R4 N COUNTY ROAD NO.28(YANKEE DOODLE ROAD) i-1 A PD PD PF Current Zoning 1-1 Limited industrial N D. G. Enterprises E Case No. 08-CU-21-08-97 (� 1000 0 100D Feet CRy of Eagan CommunRy Development Department •-.+ 41 �, ofEog- Comprehensive Plan Map ro -4CY L-U to 'I'D I qb IN ®EE IN D-IV P IN o a 0 z z a u ® ® O u D-IV p I IND IND P—j -111 D-IV A =O. O �Q Q D-11 = IND P 4Q m m y D-I mmmmm B me IND LB D-IV MB B AA COUNTY ROAD NO.28 YANKEE DOODLE ROAD I� D-11I IND LB D-11 PF Guide Plan Designation IND Limited Industrial D. G. Enterprises Case No. 08-CU-21-08-97 1 1 1000 0 1000 Feet City of Eagan Community Development Department