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04/01/1997 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING APRIL 1, 1997 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OT MINUTES (B-14UE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS1 (BLUE) A. PARKS AND RECREATION DEPARTMENT �• 1. Direction concerning electrical generator, Municipal Center Campus V. CONSENT AGENDA (PINK) (I A. PERSONNEL ITEMS B. CONDITIONAL USE PERMITS - Dart Transit, outdoor storage of trucks - y continued indefinitely P/�] C. CONTRACT 97-04, Apprive plans/authorize ad for bids (Cliff Rd. Water ' Treatment Plant - Standby Generator) D. CONTRACT 95-16, Approve change order #3 (Well #18) y,x(7 E. CONTRACT 95--16, Approve final payment (Well #18) 11 IF. CONTRACT 95 -BBB, Acknowledge completion/authorize City maintenance (Oak P l Pointe of Lagan 1st Add. - Utilities) REQUEST for public hearing - certification of delinquent utilities - May 6, 1997 1Z' H. FINAL PLANNED DEVELOPMENT and FINAL SUBDIVISION - Fortune Realty for Safari At Eagan 3rd Addition r,L3 I. AMENDMENT to the Final Planned Development for Lot 1, Block 3, Eagan Promenade (The Shoppes) P�J. ADDITION to the Fee Schedule K. TOBACCO/CIGARETTE SALES LICENSE - Jensen's Supper Club Pj�•./� L. EXEMPTION from gambling license - Northern Dakota County Chamber of Commerce ON -SALE "LIQUOR LICENSE - D F & R Operating, Inc. dba Don Pablo's, 1280 Promenade Place OFF -SALE LIQUOR LICENSE of Byerly's, Inc. (Informational only) 0. ADOPT Child Protection Policy P. FINAL PLANNED DEVELOPMENT,'Power Systems, Inc., Lot 1, Block 1, Eagandale Office Park 2nd Addition VI.7:00 - PUBLIC HEARINGS (SALMON) e,-,�7A. VACATE drainage & utility easement - Lots 1 & 2, Block 1, Eagandale Center Ind. Park #9 5B. VACATE drainage & utility easement - Lots 1-13, Block 3 & 4, Eagandale Center Ind. Park #4 C. VACATE drainage & utility easement - Outlot A. Eagan Metro Center 2nd Add. S 7y D. VACATE drainage & utility easement - Lot 1, Block 1, Eagan Promenade 2nd diJ Add. i E. PROJECT 692, Old Sibley ry �.3 y Hwy. (Streets & Utilities) F. PROJECT 713, Denmark, S.olstad, Timbershore (Street Rehabilitation) AMEND Master Trails Plan to include a trail -sidewalk on Denmark Drive from X11Lone Oak to Northwood Drive . OLD BUSINESS (ORCHID) �I 'It A. ADOPTION of Fertilizer Control Ordinance 110 B. APPOINTMENT to Burnsville/Eagan Telecommunications Commission VIII. NEW BUSINESS (TAN) A. ORDINANCE AMENDMENT, City Code Chapter 7, Streets and Sidewalks, pertaining to the Management of Private Uses of Public Rights of Way 1g B. PLANNED DEVELOPMENT AMENDMENT - Norwest Bank MN, to allow for a new building entrance and the reconfiguration of the parking and access drives for the bank site at 3390 Pilot Knob Road located north of Yankee Doodle Road and XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. east of Pilot Knob Road in the SW 1/4 oti Section 10. C. CONDITIONAL USE PERMIT - Penske Truck & Leasing, to allow outdoor storage of trucks and trailers and a CONDITIONALL USE PERMIT to allow the sales (leasing) and service of trucks and trailers and a VARIANCE to allow outdoor fl storage to exceed the enclosure height on Lot 3, Block 3, Eagandale Corporate Center located on Aldrin Drive, east of Lexington Avenue in the SW 1/4 of Section 11 D. I CONDITIONAL USE PERMIT - U S. West, to allow a 100' communication tower and a VARIANCE of 76 feet to the height rec,;u:irements for the tower on Lot 3, Block 1, Bell Lexington Addition located East of Lexington Avenue and north of Lone Oak Road in the SW 1/4 of Sectio?. 2 CONDITIONAL USE PERMIT - Target Stores, for the Seasonal Outdoor Sale of O/�1E. ' plants, plant materials, and a temporary greenhouse structure to be located in the parking lot on Lot 1, Block 1, Cliff Lake Centre located on Cliff Lake Road in the SW 1/4 of Section 29 3F. CONDITIONAL USE PERMIT - Cub Foods, for the seasonal Outdoor Sale of plants, plant materials, and a temporary greenhouse structure to be located in the P parking lot on Lot 1, Block 1, Cliff Lake Centre on Cliff Lake Road in the SW 1/4 of Section 29 ( G. CONDITIONAL USE PERMIT - Knox Lumber, for the Outdoor Storage of plants, �l plant materials, and garden supplies on Lot 1, Block 1, Eagandale Center Industrial Park located on the west side of Lexington Avenue and north of Lone Oak Road in the SE 1/4 of :lection 3 'j-30H. CONDITIONAL USE PERMIT - Rainbow Foods, to allow for the Seasonal Outdoor Sale of plants, plant materials, and a temporary greenhouse structure to be located in the parking lot on Lot 1, Block 1, Town Centre 70 Second Addition on Town Centre Drive, west of Denmark Avenue in the NW 1/4 of Section 15 IX. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE ;GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not: on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MINUTES OF A; :REG:ii LAR -METING OF THE EAGAfii :Cq-V,1CiOEi I :" :I!�arch 18, 1997 A regular meeting of the Eagan City Qiincll was held on;:Tiieiday, March 18, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Til 6r --Egan and-.A,plsrfciimembers Wachter, Awada, Masin and Blomquist. Also present were City Adm;nistrator 'bt t:}aei#g s;. en!or Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon:' AGENDA Councilmember Wachter moved, Coykic8r =t*.r. Matin: wonded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MAiWIH 4, 1907 MEETING Councilmember Blomquist moved, Counciirriei iter Water seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councllmer Nf: f wada.absGained) MINUTES OF THE FEBRUARY 118 19'97 SPECIAL MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE FEBRUARY 25, 1997 SPECIAL MEETING Councilmember Wachter moved, Co'undlkkmber Blomquist seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 4, 1997 :SPACIAL MEETING Counciimember Blomquist moved, Cogittlii .0lWJ�c p6eK*hter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Coiliiieber'Awada abstained) DEPARTMENT HEAD BUSINESS POLICE AND FIRE DEPARTMENTS: DIRECTION REGARDING FOURTH OF JULY FIREWORKS DISPLAY City Administrator Hedges provided;:wt:pWry proposed for the Fourth of July celebration;:'+k : that the $10,000 being given by the City will only I Mayor Egan said that the community should be made the cost of the fireworks. th1*4e n and discussed the various scenarios being k.:6684 Incurred by the City of Eagan and stated s' approximately ten minutes worth of fireworks. that #re City will accept donations to help defray Ann Carlon, Executive Director of the Eagan �inventiof: rad Visitors Bureau, stated that the ECVB will be hosting events on Friday and Saturday and she noted:iirat the carnival will run through Sunday afternoon. She added that the Lion's Club would be willing to participate in the celebration if the beer tent is ;allowed on a central site. Councilmember Awada questioned If $10,000 would provide an adequate fireworks display. City Administrator Hedges provided an explanation on what the $10,000 would fund. He reiterated that it would purchase approximately ten minutes worth of fireworks. He askea:l& suggestions on how to acquire additional funding. Councilmember Wachter said that the community should- be challenged to contribute to the cost of the fireworks. Police Chief Geagan indicated that"itie' iiioi iiT bf,ftreworks needed would have to be known in approximately 60 days prior to signing a contract with a vendor.;:Cwmciimember Blomquist stated that there is Interest in the community to help ensure the Fourth of Juir-t Uebration takes place. Sbe suggested that collection containers could be placed in area businesses. Geagan OW&that other organizations have tried this as a means of fundraising with limited success. Mayor Egan mentioned that direct solicitation of businesses may be rl Regular Eagan City Council Minutes March 18, 1997/Page 2 warranted. He referenced a petition that was*ned by many resldiii6 showing their interest in preserving the Fourth of July celebration. Discussion occurred regarding the thre 0rnpo5.gd: sce4k1Ds. Councilmember Masin supported the traditional fireworks display. Councilmember Bfft.vi .:440:46-f more information on the lower fireworks show. Ann Carlon provided infonnation and stated *&k—'**Hill Park would accommodate a ground display of fireworks so that it would be visible to a wide audience. Mayor Egan commented that he would like to see the other Fourth of July events maintained near Sky Hill Park. Councilmember Wachter stated that he preferred the fireworks display that would be visible to the most people. City Administrator Hedges said that.ft::w�pg: residents adjacent to Sky Hill Park need to be notified of the Fourth of July events. Staff was directed to proceed with a lower 46orks drs�iy to synchronized music, provide staff support as has been done in past Fourth of July celebrations, and•.t)e Convention and Visitors Bureau, along with the community, are to plan and coordinate the traditinnai celeFiriifory events. COMMENDATlidl1:: y3''pOtM:GRIEF GEAGAN Mayor Egan commented on the first community notification meeting that was recently held in the City of Eagan for the purpose of Informing the community about a soon to be released Level III sex offender in the City. He also commented on the number of people in attendance. He commended Police Chief Geagan for his efforts in conducting the meeting. He presented Chief Geagan with a commendation on behalf of the City Council. Chief Geagan thanked the Police Department staff along with various other Ciry departments for their assistance. He said that he was proud of the .mPftM miry for the responsible conduct that was displayed. PRESENTATION - METRO i 'UT -1. 1 i oPMENT PARTNERSHIP City Administrator Hedges introduced :: favid Piggott;:::::Executive Director of the Metro Fast Development Partnership. Mr. Piggott provided :an .update::;* -'.the -'Partnership stating that they concentrate primarily on arranging commercial and industrial:.4Q::i':state::&ai fs. He explained the difference between the Metro East Development Pamtership and the::Iako:i�oimty Economic Development Partnership. CONSENT AGENDA In regard to Item A - 1, Adlust the entry level salary for a student concession worker to $4.75 per our and if still employed on Se tember 1 1997 raise that amount to $ 5.15 Der hour to comply with the new minimum wage regulations, Counciimertiber.;Jgomg0st.swted..that concession rates should be raised to cover the increase in the minimum wage rate::%:::::::::::::::::::: In regard to Item I, Approve Resolution rectisl Wng, vaEl Me to Dakota County Spacing Guidelines (Lone Oak Rd.), Councilmember Wachter asked for ylatfication::girding the request being made by Opus Corporation. Director of Public Works Colbert explai6j# the regttRst to allow a right-in/right-out access from Lone Oak Road. He also discussed the other access loritlons. In regard to Item M, Resignation, Randall Ahern - APRNRC. Councilmember Blomquist requested that the resignations of advisory commission members be tracked and vacancies filled more quickly than in the past. She said Mr. Ahem's position on the Commission should be filled as soon as possible. Direction was provided to send a letter to the alternate member of the APRNRC, Jerry Farlee, appointing him to the vacant position. Direction was also provided to see If there are any previous applicMt interested In the position and to advertise In the newspaper. In regard to Item R Prolect 715. Ric"4 `61 aAe .order public hearing (Heine Strasse - Street Rehabilitation), Director of Public Works Cofiie askeQ: for: c#is•eetiott regarding Lots 1 and 2. Counciimembers concurred that Lots I and 2 should be included as part of this project. A. Personnel Items Regular Eagan City Council Minutes March 18, 1997/Page 3 Item 1. It was recommended to adjust the eniiy: level salary for a st'tifent concession worker to $4.75 per hour and, if stili employed on September 1, 1997 .mise that amount to..45.15 per hour to comply with the new minimum wage regulations. Item 2. It was recommended to approve the hiring; 'f$i afi .Un ewski as a seasonal Park Maintenance Worker and Ryan Rausch as a seasonal Ballfield AttendantlPad(S-Whtpftance Worker. Item 3. It was recommended to accept the resignation of Mark Ploof from his position as a part-time Building Maintenance Worker. Item 4. it was recommended to approve Worker, subject to successful completion of B. as a part-time Building Maintenance requirements. It was recommended to approve the C. Approve Amendment to the ICMA Defy :tuft t b>�fq�i:1l?tan it was recommended to approve the amendment to the ICMA Deferred Compensai r�:fbh. ' ; ' ' ' ' D. Proclamation, Burnsville -Eagan Public Access Volunteer &13reciation Day. March 21 1997 It was recommended to proclaim Friday, March 21, 1997 as Burnsville/Eagan Public Access Volunteer Appreciation Day. E. Appointment, Solid Waste Abatement C John Tapper of Gopher Resources to fill i Commission and -to appoint Susan Bast, the resident representative position. F. Proect 707, Receive feasibility report/ord recommended to receive the feasibility report order a public hearing to be held on April 15 :: •eyresentadve. It was recommended to appoint tative vacancy on the Solid Waste Abatement alternate, to fill the remainder of Mr. Tapper's 2A It was ) and G. Prolect 712, Receive feasibility report/order public hearing (Surrey Hts. - Streetlights) It was recommended to receive the feasibility report for Project 71 Currey Heights - Streetlights) and schedule a public hearing to be held on April 15, 1997. H. A rove Resolution request nadvance of 1998 Municipal State Aid Street izas tax allocation. It was recommended to approve a resolution regtistitig::ii:: ":v3le::iif::ihe 1 YY8 Municipal State Aid construction account and authorize the Mayor and Ciry Clerk: to:e7tett�ie: itl.�*Wlpdon. 1. Approve Resolution requesting variance recommended to approve a resolution reqs County Road 26 (Lone Oak Road) for the Clerk to execute said resolution. uidelines JLone Oak Rd.. It was )ta County Spacing Guidelines for and authorize the Mayor and City J. Final Subdivision, South Oaks 2nd Addition. it was recommended to approve a Final Subdivision for South Oaks Second Addition consisting of two lots on .87 acres for property currently platted as Lot 1, Block 1, South Oaks Addition, located at 4560 Greenleaf Drive. K. Am3rove Meter reading services contract - RMR Services. It vjias recommended to approve the extension to the meter reading services contract - RMR Services. L. Resolution Atwovina Com rehensive ';G- ' 144--?:::ai : lias recommended to approve a resolution updating the Comprehensive Plan to Include 'c �nges approve `t]irotigh December 1996. M. Restration, Randall Ahem - APRNRC. It was recommendW'io accept the resignation of Randall Ahern from the Advisory Parks, Recreation and Natural Resources Com"Mission and make a determination regarding filling the vacancy. Regular Eagan City Council Minutes March 18, 1997/Page 4 N. Acceptance of grant funds: Library Service :Grant. It was recommended to acknowledge receipt of grant assistance to benefit Wescott programs throu ' .: ;a:11brary Services::G,rant funded by the State Department of Children, Families and Learning; designating Scllmily Services Collaborative as the fiscal agent. O. Recommendation Airport Relations Commission - Urban Revitalization Pro am Position. It was recommended to approve correspondence consistent with the City's legislative program position concerning the Urban Revitalization and Stabilization Program. This item was inadvertently on the April 1 City Council Q. Pro ect 714 Receive feasibili report/order Dublithearing (Dogald Ave. - Street Rehabilitation). It was recommended to receive the feasibility report. fpr, .fti.Jkt:.,714 .(•D.:: ald Avenue - Street Rehabilitation) and schedule a public hearing to be held on April 1:5>::# 997. R. Project 715, Receive feasibility report/order public hearing (Heine Strasse - Street Rehabilitation). It was recommended to receive the feasibility report for Project 715 (Heine Strasse - Street Rehabilitation), including all lots, and schedule a public hearing to be held on April 15, 1997. Councilmember Blomquist moved, Counciimember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 REZONING 8t PRELIMINARY $OBDIVISIQN::=:JdDYAL OAKS REALTY City Administrator Hedges provided ,..an:: Q.— t�iC&::6n'.this item. Senior Planner Freese gave a staff report. Counciimember Awada suggested si.Weste4 shifting 120th Street to the north. Director of Public Works Colbert said that option would have till •be further investigated. Discussion occurred regarding when the area of Rosemount would be developed necessitating the extension of 120th Street. Counciimember Wachter stated that additional traffic will be generated by entering into a global agreement with Inver Grove Heights and that poses a larger dilemma. Mayor Egan said that a second access is needed. Counciimember Blomquist stated that a plan is needed to accommodate future development to the east and south before a sound decision can be made. Councilmember Wachter noted that .120th Street• is likely to be extended in Rosemount in the near future. Mayor Egan asked if the City of Roser tdtii#t: viiott{if: jeti::tOithe realignment of 120th Street. Colbert said he was unsure if Rosemount would be' agree�6le :to: thi-regignment and he questioned the economic feasibility of the right-of-way acquisition. Counciimember Awada suggested the option is1• gxtendin$ Sycamore Drive and dedicating one of the lots in the proposed Evergreen Addition as an oudotJh::addidoK::t4 overlaying 120th Street and Gun Club Road. Mayor Egan noted that additional traffic will be generated from Inver Grove Heights and that needs to be addressed. Colbert indicated that development in Inver Grove Heights will not be as intense near 120th Street as it will be farther to the north. Mike Black, representing Royal Oaks Realty, stated that:.t*_ have attempted to provide a secondary paved access. He said that between 90-95% of constructioti:.':&affic can be controlled through proper notification and signage. He further said the dedication of an ouflbt'is a reasonable alternative. He added that many issues need to be addessed with the: -.0 t::ts --. r er: -0i 6' .e::iieights. He discussed the advantages of upgrading Gun Gub Road and 120th Strek::rile... :th :a:.-r.�.ttest was made to close Sycamore Drive and they would not be agreeable to that option. Reid Hanson, attorney representing the Martozkes, said,:ftt the offer to upgrade 120th Street and Gun Gub Road is very generous. Mayor Egan commended the:•applicant on working toward a solution. He Regular Eagan City Council Minutes March 18, 1997/Page 5 acknowledged that a petition was received from 'the residents. He added that the Council had never approved a subdivision that barricaded access to another public street and he w4Wd not be inclined to barricade access on Sycamore. He said the main goal is to find a sec�d. access to Tk#�:::Councilmember Awada concurred. She added that finding a second access to TH 3 shoi�i> -be:A.:l3cxrliy .:.:Discussion occurred regarding If staff time should be spent investigating an alternative design 1a"­-'W-'-"W.'a �;` "d access to TH 3. Tom King, 4800 Weston Hills Drive, stated he was concerned for the safety of the children in the neighborhood. Several neighborhood children were present and Mr. King referred to them stating that their lives should not be put In danger by increasing the traffic flow in the adjacent development. Councilmember Masin asked if the children are allowed to play in the street. Mr. King Indicated that the children have to cross the street to access the park. Brian Nevanen, 555 White Pine Way, said Aa"t not. rewimng traffic through developments via Sycamore Drive would only be temporary until a more '"pemsanent'-sifilution could be worked out. He further said this would give the City time to study a long-term ptatk Mayor Egan commented that the upsA::pi:-Citt :: tttl<::i�Fnad and 120th Street would provide the secondary access and would also result in redutii6tt &-'traffic tF i-Ou'h` the adjacent development. Bruce Malkerson, attorney representing Royal Oaks Realty, stated the application is 100% in conformance with the Subdivision Ordinance. Councilmember Awada said that the City Council has no right to deny access to Sycamore Drive. Councilmember Wachter noted that -he. is not against the development but wants to see 120th Street eventually extended to TH 3. He said he wad---60n-favor of a global agreement with Inver Grove Heights. He further said he does not support the extens16ii-4JiWi r:. -and water to Inver Grove Heights. He stated that he supported the upgrading of 120th Street and Gun •CfitbiA6adr::;Counciimember Blomquist stated that the City has no legal right to block off Sycamore Drive. She:.also staied4fie' does not support extending sewer and water to Inver Grove Heights. Mayor Egan added that the:r—ity Council:t*' being asked to approve the extension of water and sewer to Inver Grove Heights with Director of Public Works Colbert clarified that condition 16 of the plat approvd� wctcilc : llow 16f an 8 -inch watermain to be extended to the east edge of the plat. Councilmember Awada askQ'::Jfihe:'City provides the watermain would they be required to supply the water. City Attorney Sheldon stated that the City would not be obligated to supply the water. Discussion continued regarding the possible implications of stubbing roads and watenmaln to the City of Inver Grove Heights. Mayor Egan said that he would not suggest that any of the conditions should be eliminated with the approval of the plat. Further discussion occurred regarding..providing ,staff direction to research the possibility of extending 120th Street as long as there is no impact tli:tQr.::#itpolii':#�toties. Counciimember Blomquist suggested this research be included as part of the update-*t&:ih&'Ctitrtjirefieii wee :Guide Plan. Mr. Black indicated that the plat name could be.if banged pitch' to the approval of the final plat. Councilmember Awada moved, Counciimembk..14asin sikWed a motion to approve a Rezoning of 20 acres from A, Agricultural to R-1, Single Family Residential, coisting of the east 20 acres of the SE 1/4 of Section 36. Aye 5 Nay: 0 Councilmember Awada moved, Counciimember Masin seconded a motion to approve a Preliminary Subdivision (Evergreen), consisting of 56 single-family lou on 40 acres of unplatted property located east of Gun Club Road and south of Red Pine Elementary School in the SE 1 /4 of Section 36 subject to the following conditions: Standard Conditions 1. The developer shall compW-'mitt-:: ii::s6Afti :conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B2, B3,. 4, C1, C2, C3, D1, E1, H1. Condition Al shall be modified to defer the �iiok area charges on Lots 13 and 14 until further developed or connected to utilities. Regular Eagan City Council Minutes March 18, 1997/Page 6 2. The property shall be platted, 3. Lots 4 and 5, Block 2 are with a..-VOjance to the lot width as shown on the Preliminary Plat dateded December 31, 1996. i T -*66 4. Oudot A shall be eliminated in the Flhil'Subdivision, either Incorporated as part of Lot 14, Block 4, or enlarged to minimum R-1 standards as Lot 5, Block 1. Gradin Storm Drainage S. The outlet pipe from the proMeW0t to Pond LP -23 shall be extended to the W normal water level of Pond 6. Storm sewer and catch basins shall N. provided *'S*t"*the intersection of Sycamore Drive and Spruce Street. ............ .......... Wedands/Water Ouallry 7. The development shall meet Its water quality mitigation requirements through construction of a detention pond. The design of the pond must be approve by the Water Resources Coordinator. 8. An ungraded buffer at least 15 feet in width shall be maintained around the wetland on the western parcel. 9. Filling or draining of wetlands Malfbikohlbited, Access/Street Dego 10. Rural pavement overlay of 12—W ;Sine $r*m-eo:':a'ft'd'0un Club Road, funded by the developer, shall be required and prior to any.:"'Ot�i6bdivision of this property, a permanent secondary access must be provided. Easements/Rights of Way/Permits 11. A ponding easement shall be dedicated over Pond LP -23 on Lots 13 and 14, Block 4 to cover the high water level plus three -feet. ...... ......... Tree Preservation 12. 431 trees shall be transplanted to Hidden CornirlPark, Red Pine Elementary School, and to within the Evergreen development sliiln the 664bution as Identified In the Planning staff report dated January 28 1997. Thi: develop#f:.shall arrange for and bear the cost of all transplant operations. the developer 'will ndi:::be responsible for maintenance of trees transplanted to public property. The developer'W''Ill be responsible for maintenance of trees transplanted within the development site according to the provisions of the City's Tree Preservation Ordinance. 13. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) shall be Installed at the Drip Line or at the perimeter of the Critical A6,dt Zone, whichever is greater, of significant trees/woodlands to be preserved. 14. The developer shall conta6. i6n at least five days prior to the Issuance of the grading permit to ensurt-om . p1ma , Wth , :":.'00proved Tree Preservation Plan. 15. A revised tree preservation plan Including thok: Jbts not proposed to be graded during the Initial site development shall be prepared and prig"O*'p . nted to the Advisory Parks, Recreation and Natural Resources Commission for review and 'recommendation prior to final subdivision approval. Regular Eagan City Council Minutes March 18, 1997/Page 7 16. An 8 -inch watermain shall be exten'Q..to the east edBe:4f the plat between Lots 4 and 5, Block 2. 17. The owner and/or developer shall dedicatee'*'*.* i t#ie peat Oudot A for the future construction of 120 street. The owner/developer shall grant to the City an option for a period of five years to acquire the property for one dollar for street purposes. Aye: 3 Nay: 2 (Councllmembers Wachter and Blomquist opposed) Councilmembers Wachter and Blomquist note}:#Kiat4hey.:Were::M. opposed to the project but rather were concerned with the impacts to the neighborhoods as a 'rests#vd fiiture:. - velopment in Inver Grove Heights and were not in agreement with providing sewer and water extensions to Iniiex:?Grove Heights. AMEND CONDITIONS OF APPROVAL - TOWN a TRE 70 M'. NETEENTH ADDITION City Administrator Hedges provided an ovilRevu::ii this::#tietiFi::.:5enior Planner Freese gave a staff report. Craig Mattice, applicant, showed the proposed new building materials to the City Council. Mayor Egan noted that staff was concerned about maintaining a consistent, commercial theme in the area. Councilmember Wachter said that the applicant should have known the cost of the roof prior to going ahead with the project. He further said he would support the change in the brick but not the change in the roof material. Councilmember Awada concurred. Mr. Mattice said that he was informed by his"ar:*c:* ::'a'1td;:engineer that the cost for an asphalt roof and a metal roof was very similar. He further said that..he "::h6t.':have the capital necessary to pay the H additional $22,000 it 'would cost for a metal roof. ::.added dear .thy:.asphalt shingle roof will be more compatible with the apartments across the street. Senior Planner Freese noted that this design:9Uid�t 66::1s'�a' condition of subdivision approval. The metal roof and brick building materials of this building were:Fo.set the design standard for the rest of the subdivision. She said that the metal roof Is of a more commercial nature than an asphalt roof. Mr. Mattice stated that it is contradictory to require brick for the purpose of fitting In well with the residential neighborhood and then requiring a metal roof so that the building carries a commercial theme. Councilmember Masin said that the asphalt roof looks classier than the metal roof. Mayor Egan asked for clarification as to why the brick was required which::dppears:.To.:be-:in:.coinflict with the reason for requiring a metal roof. Freese indicated that the Intent of reg6iri' ''ift j::ti kriais specified, including the metal roof, was to provide a consistent design theme for future developfrieiit -&--that corridor. Mr. Mattice stated that in talking with City Planning staff he was told that if his ifiiti�l request.for the car wash had not included a metal roof it would not have been required. Mayor Egan said.Wwas wilrWi to support the change in the brick and roof materials. Counciimember Awada moved, Councilmember Masin seconded a 4notion to approve an Amendment to the Town Centre 70 Nineteenth Addition conditions of approval to allow different building materials than originally approved. Aye: 4 Nay: 1 (Councilmember Wachter opposed) NEW BUSYNESS PRELIMINARY SUBDIVISION - GREGORY 8t VALERIE RATRIA.AN (RATHMAN ACRES) City Administrator Hedges provided an tyi►iyleyir:oxi.t4?:iteiii:.:.:. Senior Planner Freese gave a staff report. Councilmember Wachter stated that heis: ttt :4W.411iftawk Lake and wants to ensure that prospective residents do not use phosphorous in their fertilizer that will• Fein off into the lake. Freese indicated that would be difficult to monitor, but she added that staff could adwte$s that request in the development agreement. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Regular Eagan City Council Minutes March 18, 1997/Page 8 Subdivision, Including Variances to certain :iwovisions of the Sli6iiland Ordinance and Subdivision Code, consisting of eight lots on 15.2 acres for property located at 3766':Blackhawk Road In the southeast 1/4 of Section 17 subject to the following conditions;:;:;:::_ General Conditions 1. The developer shall comply with these**' standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B2, B4, C1, C2, C3, D1, El, F1, G1, and H1. 2. The property shall be platted. 3. The final subdivision shall ndt. k p(?'prt lei ;Qr #i: xisting barn on Lot 5 is removed or until a building permit to construct'•a•YicsttSp.:?pn lar?I in conformance with all City Codes, Is submitted. 4. All applicable R-1 and Shoreland Dist&t. zoning spridards shall be met including setbacks and maximum building and imperyjpuS $aff€ 4 coverage:::' Gradinz/Storm Drainage S. The developer shall be responsible for Installing and maintaining erosion control measures in accordance with the city's Erosion/Sediment Control Standards. Water Oualitv/Wedands 6. Water quality mitigation sfiit #e";$itdsRed through a cash dedication based on the area of the development excluding the aiready:delot (Lot 2). Utilities 7. Prior to final subdivision approyW -t e': ideveloper shall submit a copy of the percolation tests demonstrating suitable locasidro, for•two drainfields for each of Lou 6 through 8. Streets/Access/Circulation 8. The developer shall be responsible for revising the existing roadway striping on Blackhawk Road to accommodate the proposed Skater Circle intersection. Easements/Rights of Way/Permits 9. Prior to final subdivision approval, the, developer shall provide documentation verifying a private cross easement for access for Lbits 6 7, W 8, and provide documentation verifying a private access easement benefiting Loss:,¢, �1, arid::B over the existing private street (Riverton Point.) These easements shall be recQid with dWfinal plat. 10. Prior to final subdivision approval, the developer shall provide a conservation easement extending a minimum of 100 feet back from the ordinary high water level of Blackhawk Lake, subject to the review of the City Attorney. The conservation easement shall address fertilizer application, prohibit clear cutting, limit vegetation removal and prohibit placement of structures in easement area. Tree Preservation 11. Tree Protective Measures'Malt:�e':isisdlk'd::'e ::i"b'j :drip line or at the perimeter of the Critical Root Zone, whichever is 06ier 4si iflei ar"ilt: 'yes/woodlands to be preserved. 12. The developer shall contact the City Forestry DtMon at least five days prior to the issuance of the grading permit to ensure compliance with tliii:iipproved Tree Preservation Plan. Regular Eagan City Council Minutes March 18, 1997/Page 9 13. Individual Lot Tree Preservatloo Plans shall be .;µbmltted at the time of building permit application for Lots 6, 7, and $;::•. Parks and Recreation 14. Parks and trails dedication shall be fulfilled through a cash dedication for Lots 1 and 3-8. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION.-: _td .' C,:eE:K�4REN-FJ- ELD (MOOSE RIDGE) City Administrator Hedges provided an overvieW:.Pn diis�iten Senior Planner Frees gave a staff report. Karen Fjeld, applicant, noted that the application tl% the AdAory Planning Commission had approved provided for a five foot easement on each side of the pFpposed new. south lot line. She said that now the City Attorney is requiring that all ten feet of the easement shoiiijd be load on the north side of the proposed new south lot line. She added that she is opposed:to::rti :fieia ft oi:easegign on her property. Freese indicated that they were advised by the City Attorney to reigdli`e:tIie'ten:: :tis ment be located on the Fjeld's property. Discussion continued regarding the appropriate location of Mile'easement. Ms. Fjeld stated that the original agreement regarding the purchase of the land does require dedication of a five foot easement on moth sides of the new lot line. She further stated that the easement would be dedicated once the plat is approved. Mayor Egan stated that the condition of approval could be modified to allow either a five foot easement on each side of the new south lot.line, if the adjacent property owner is agreeable, or a ten foot easement would be required on the north sW.i6 :tin new south lot line. Counciimember Blomquist moved, Coiiiiffiiertil :::Wachter seconded a motion to approve a Preliminary Subdivision consisting of one lot for property 'lo&te :* 3635 Wescott Hills Drive in the southeast 1/4 of Section 14 subject to the following conditions: 1. The applicant shall provide at the'*"iite:*vf*&al'plat a ten foot drainage and utility easement. The easement requirement ari::je::fiiifilled by dedicating ten -feet along the north side of the proposed new south lot line'•&'by dedicating 5 feet along the new south property line and securing a five foot easement, by document, from the property owner of Lot 8, Block 4, Sunrise Hills Second Addition. 2. The property shall be platted. Aye: 5 Nay: 0 AFFAIRS RESOLUTION REQUESTING LEGISLATI( N:TOR ROAD UNIT CONNECTION FEES City Administrator Hedges provided an overview -6n this iteM.: He said that it was the desire of the City Council to seek legislation, If the Supreme Court ruled against the":tIty of Eagan in the Country Joe lawsuit, that would give the legislative authority to charge road unit connection fees and require no pay back for any of the costs that have been charged in the past. He added that there will be a ruling by the District Court regarding reimbursement of costs. He noted that the legislative delegation has been contacted and was provided the opinion of the Supreme Court. Councilmember Blomquist asked for an update on S6ipr Wiener's position with regard to this legislation. Hedges commented that he will be meeting with a drafter for the legislation and this will be pursued further with the legislative delegation. 1-1 11;tive Pawlenty is willing to introduce the legislation in the House. Councilmember Wachter commented about a Minneso4a1tatute that allows municipalities to collect taxes for a variety of far-reaching purposes, but they are not allovQ.to collect fees to take care of the roads. Councilmember Blomquist stated that since the City can no longer collect road unit charges she is concerned that the City will not be able to collect any Impact fees from the City of Inver Grove Heights with Regular Eagan City Council Minutes March 18, 1997/Page 10 regard to the global agreement. Mayor Ega6: noted that the fee that would be collected from Inver Grove Heights would be directly connected to the roa :'w'% a and would be. ed. Councilmember Awada moved, Counc-ifth-er.M'asjn:: `onded a motion to authorize a resolution requesting legislation for road unit connection fees.'•ikye::::;:Ny:' 0 Councilmember Blomquist asked for an update on the status of the bill relating to the Comprehensive Guide. City Administrator Hedges said that he and the Ciry Administrator of Mendota Heights had understood that Representative Commers would be presenting a bill for legislation, but that has not occurred. He further said that Representative Pawlenry will be Introducing. the. bill,, but. it4.unclear If there will be a companion bill in the Senate. He added that since it is a bienn!La:::if: :kgi�a> 6i *'g:bi>roduced now, even If it does not pass the floor this session, it would be possible to go bN:t}itvaj fh't ie ;'►Mi'%#'S:; mmittee process and the bill would still be active In the next session. Councilmember Masin commented on the int0f4sting speakors that were at the National League of Cities Conference. She said the main highlights..inclu'de'�•.the sitani:of towers, electric deregulation, welfare reform, crime and transportation initiatives. $#re:irefet ncec#:41*bthOre entitled, "Federalism in Transition" and stated that there Is an article which states thA`.i ''ihi federaF j&emment is trying to downsize, cities are most affected. She said that she will distribute packets to all the Counciimembers. Mayor Egan discussed the potential benefits to local municipalities as a result of deregulation of the electric udtilty industry. He said that they were told that municipalities' third largest expense is electric energy and deregulation would result In significant savings. He noted that he met with Congressman Luther regarding a number of issues. He provided an update on..-N.O.I.S.E. meeting he attended. R "DD. rABLE Senior Planner Freese asked for ciarificadoi �vlth regard to :the approval of the Royal Oaks application. She asked if it was the Council's Intent not to require 1ndh%dwI::#ee preservation plans and to include the condition that requires the developer to submit a. revise :ttee::preservation plan. Counclimembers agreed with that interpretation. City Attorney Sheldon noted that the Council would need to hold an Executive Session following the City Council meeting to discuss litigation. City Administrator Hedges requested the City Council set a Special City Council meeting to meet with Beverly Miller of the Minnesota Valley Transit Authority. Councilmember Blomquist moved,.tiiiiltiieii': er seconded a motion to set a Special City Council for April 1, 1997 at 5:00 p.m. Councllit6tetriber Wi i6- tWnoted that he prefers Special City Council meetings be scheduled prior to the regular City Council meetings. Counciimember Wachter commented on the i ainber ofsl * benches In the City and said that it Is difficult for CIty personnel to perform maintenance arou"M them. ::}ledges said that the bus benches are utilized for advertising purposes rather than serving bus passengers, in sor4: cases. He added that the City needs to regulate the placement and number of benches. Councilmember Wachter said he was opposed to Messed! and Kramer lobbying for the tobacco industry when they are lobbyists for the City. He mentioned that freeway advertising should be undertaken immediately when the new restaurant opens at the former Cracker.:BWel site. Councilmember Masin said that the MVTA Is not resible for regulating the placement of bus benches and stated that the Ciry needs to She noted that the Burnsville Midget A hockey team came in second in a tournament;lt:Cttr?Ra#ijds:::he: mentioned that the people in Grand Rapids did a spectacular job in hosting the tournaiiiet iiii6 ie: safd4::ifte City of Eagan hosts a similar event they should contact the Ciry of Grand Rapids for a copy of their program,; Councilmember Blomquist said she was approached by the::Friends of the Library to see if their book sale could be held in the Community Room at City Hall. City Administrator Hedges stated that he would make sure the room is secured for that purpose. Councilmember Blomquist requested that information regarding the Regular Eagan City Council Minutes March 18, 1997/Page 11 Airliner Motel redevelopment and Imre development proposals be provided to Merie Duff. She also had some questions on the list of bilis. After referencin'-:a:..Ill for nearly $1;0.30 to Sam's Club, she requested that the list of bills clearly Indicate which accounts be14t�::to; the Ente se Fund and she also requested that more detailed information about the accounts be incluctdd'•::: Mayor Egan announced that he is a new grandfather. NECK REGISTER Counclimember Wachter moved, Ma r :.Um. .seconded. a ;mQdon to approve the check register dated March 14, 1997 in the amount of $1,208,7. $:Is8 :::A*'*"::::I.::.:N"' 0 Pk D]CHIMMENT .... The meeting adjourned at 10:25 p.m. to an Eli'*" I e SeZW MLK Date Lity Clerk If you need these minutes in an alternative form such ai-;lare.piintf. Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, TTN 55122, (612) 681-4600, (TDO The Ory of Eagan is committed to the policy that all persons havu'a'(aci:eis:tt+'it' programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, —* disability, age, se—mal orientation, marital status or status with regard to public assistance. Subject to approval MINUTES OF S01ktAL CITY COU)itf� MEETING "CH 17, A special meeting of the Eagan City Council was called to order at 5:00 p.m. on March 17 with Mayor Egan, Councilmembers Wachter, Masin and Blomquist present. Members of the Advisory Parks, Recreation and Natural Resources Commission present were Daryle Petersen, John Rudolph, Michael Vincent, Terry Davis, je"::FarIee;and_;Lee: Marken. Staff present included City Administrator Hedges, Director of Parks a-- Ail R%i'�i>=16i :Me4t; Ater Resources Coordinator Brasch, Superintendent of Recreation Peterson and Parks Sgp rintend*.*Olson. CONSIDERATION OF LAVH:CHEMICAL ORDINANCE Administrator Hedges explained i.... ie'Cougq is :asked that sufficient information be provided to them prior to meetings so that time need not 'be spent on staff presentation during workshop sessions. It is the Council's preference to open the discussion of each item and then ask questions. Administrator Hedges noted that if the City Council wishes to proceed with a lawn chemical ordinance, the timing is such that they may wish to proceed shortly. Mayor Egan noted that after rel Iii: ng.the feedback from people responding to the proposed ordinance, there were good argiiilr eats €rar both sides of the issue. Commission Member Marken stated that the Commission would like to'seeA.! i5 or(An nce proceed for commercial applicators but also to continue education for"itsidents to'fielp with the problem. Commission Member Davis concurred. Mayor Egan questioned licensing Wj':6mmercial companies since they are already regulated through the State Department:btAgriculture. Counciimember Blomquist opined that resident education would be the best option. She expressed concerns that the testing may be too cumbersome and expressed a preference for treating existing ponds versus adding an ordinance. Blomquist also asked for follow up on a fish that could be placed in ponds to address this issue in lieu of an ordinance that would merely be a bandaid for the problem. Coordinator Brasch responded that he had talked with the DNR regarcift:piaciti1-4 ...... ifI Ash in ponds as suggested by Counciimember Blomquist and was advise"d":tltatl t:ih r.optfott:#tas:bot been allowed for many years. The DNR's concerns were based on the excremenr4rom the fah which tend to be more bothersome than the original problem for which the fish were [4W. C66illmember Masin opined that the ordinance for commercial applicators would provi6e;:more befit than other options identified. Commission Member Vincent explained that it appeal$ that most chemical applicators are currently dealing with similar ordinances in other cities and didn't feel that this would pose an undue burden for the applicators. He also stated that continued education is a vital part of the total proposal. In response to a question regarding the Department ...Agriculture's role with commercial applicators, Coordinator Brasch explained that. they address thilertilizer component and the storage of fertilizer. Counclimember Wachter :is: si6partoaii :ordinance in the City to control phosphorous fertilizer within the City. 't oiiftcilrrfetritiei*'Miffw pressed her support for the ordinance noting that an ordinance could provide even better:Oucadonal opportunities to residents. Coordinator Brasch noted that approximately 32%'of'single family residential and virtually all of commercial/industrial properties are fertilized by commercial applicators. Mayor Egan stated he was willing to try an ordinance as long as It was carefully monitored so as not to pose an undue burden to the commercial applicators. Commission Member Rudolph opined that the City will Fagan City Council Minutes March 17, 1997 Workshop Sesgbn Page 2 benefit by taking a pro -active stand to staj► it :the,forefrMr:04his issue. As a point of clarification, Commission Member Petersen noted that eve.i.,... g>x: P+ splicators had been solicited for input on the proposed ordinance only 4 responses 'He opined that the City had done a very effective job in notifying applicators of the possibility of an ordinance. Councilmember Biomquist asked how education of the community would be handled if the fertilizer ordinance is passed. Coordinator.:Prasc.h.explained.thai the City currently has a very active educational program which will continue:aii'd: eitp�tld;22;iiei d ::;Councilmember Wachter suggested that the outdoor reader board could be used to sold* residerris:&*upport for using 0% phosphorous fertilizer. After further brief discussion, Wachter fiioved anditsin seconded a motion to direct staff to work with the City Attorney to refine the.:"ilizer orAftance and bring it back to the City Council as an Old Business Item. The mgtipn.p4r0i'j .how. 0,; -Councilmember Blomquist expressed her concern for taking action at a meetlra :t..#Was not.:; 3esilsi;8. Mayor Egan clarified that the Council was wanting to make sure that the direction they were giving to staff was clear. DIRECTION RE: CENTRAL PARK AND OTHER CAPITAL ITEMS Administrator Hedges introduced this Item noting that the APRNRC was asking for clarification on how to proceed with thilssm. of general suitability of sites within the community for multi -use facilities and/or a central park: 1'iis: liar:been an issue that the Council has previously kept close to them specifically as it pertains to a p6ift :: -' idl:;Rark and providing specific amenities to the community. Councilmember Wachter noted thatli¢ti:t;:Couricil provided input to the Commission in November they did not know about the:.-k66."y Cb's interest in an amphitheater and the implications of that idea. He did state ii alt watever the Council eventually decides to do, he feels strongly about incorporating a swimming pool for families. Wachter opined that there would be adequate space to place a pool within the Municipal Center site through some creative positioning and perhaps the use of solar heat. Mayor Egan briefed the Coundg:i id: .I>R.N':g.v a?ititiasion Members about the Rotary's request to create an amphitheater in 48i that this project could tie In with a possible central park opportunity but would not be.able to stapd alone. Councilmember Wachter added that he would like to get as much informatW.as possl'il . to see what options are available for future public facilities. After reviewing the Nove er 19, 106 minutes, Administrator Hedges noted that discussion occurred regarding a Central' ark. AltfiQugh the goal may have been to acquire open space, how that goal could be accomplished was'Aill an open issue. Mayor Egan added that a great deal of work had been completed by the Task Force when consideration was given to providing a central park adjacent to the Promenade development. When that specific location did not work out as was hoped, Egan opined that the Council still wanted to pursue the central park idea If another site appeared to meet the City's needs. The Coupcil: has always intended to keep this Idea/option close to them so they could respond when world i with multiple groups throughout the City, Egan concluded. Commission Member Vincent'r1PI6-d-that:tI*-C— iri m1ssion's intention In asking for direction was to provide more information to the Council. jt.was the Commission's hope that if some preliminary review was done on remaining parcels in $'is:City that when the Couricil had an opportunity to respond to a request, i.e. July 4th celebrado"if 'they would have information readily available on sites that could possibly facilitate that need and be in a better position to respond if they chose to acquire additional property or develop some type of joint agreement. Eagan City Council Minutes March 17, 1997 Workshop Sesii::::::`::: :::::::::::: Page 3 .... Counciimember Masin suggested:ftt the Council watt toward zeroing in on a specific piece of land that can accommodate multiple coiiisriity acuvjtielvents. She noted that there are approximately six sites that were' `al park sites. Masin also stated that the Rotary would probably be asking the Council where' they could place an amphitheater and it would be helpful if the Council would be able to respond with some possible options. Director Vraa stated that several sites had been looked at for possible multi -use facilities and/or a central park including existing park ;.; 4�oaogil;.0,rectkm.is requested relative to specific uses to be facilitated within a site, i.e. swimm :firpW tsps,::AMphitheater, etc. Counciimember Blomquist noted that this proposal wflhiot work without input from residents. Councilmember Wachter opined that Li a ie should:I**some type of ultimate plan for a site to better understand what size site w.opid.:be�:ll ta.ai : Nmodate the uses requested. Mayor Egan added that parking also nee is::to::fie a coifs a ' 'O"n since the Rotary is looking for a site that can accommodate parking for 1,000 which could coff as much as $1.2 million for that component alone. Commission Member Petersen opined that the Council needed to Identify a group that could take the point In getting this project moving. He suggested putting a flow chart together that might identify possible components to [illhcWed and several sites that could be suggested along with a potential time frame for the Couryd :to: '*sR4nd to. Commission Member Davis added that It appears the Council is directing the Commissioh'. tt :40.&wa:process and within that process, a scope of services. Councilmember Blomquist relteri�Od that wliai r,the process Is, it should be brought to the public for their Input and approval. Administrator Hedges concludid:t tai:ofire a process is better defined, programming information and potential sites can be coiiipited for the Council to respond to. He suggested that the Council may then want to appoint a citizen group to investigate how specific program criteria can fit Into several Council identified sites for future consideration. DIRECTION RE: ACQUISITION OF NORTH PARK Following a brief background tij*'i4tl66i9trator- ges; he noted that there were recent questions by the Council relative to continuing the::acquisitimprocess of the Borchert/Ingersoll property. Counciimember Wachter asked what the property cc;itsld be used for if it were not used for park purposes. Director Vraa explained that when the property was acquired through Dakota County and through the Legislature, It was stipulated that it had to be used for public purposes. Director Vraa then reviewed the parcels to be acquired through tax forfeiture and the land that would be exchanged with Gopher Resources. Vraa also verified that Parcel B would be exchanged for Parcel A. Councilmember Blomquist asked if the tax forfeited property could be swapped with other land. Director Vraa responded that any changes In til 14nd swap would need to go through the DNR and the State Legislature. Vraa. also.relttjnded the'Council that the exchange of land with Gopher Resources is eminent based on.. roval of the final plat for Gopher's plastics recovery business. Director Vraa clarified that Parcel B is the site of tI*:i omposting operation and this parcel will be owned by the City once the exchange has been completed. This particular parcel offers access from Yankee Doodle Road and the exchange agreement provides that proceeds from the composting operation will be the City's for 3 years, once the exchange is completed. Eagan City Council Minutes March 17, 1997 Workshop Sessor} Page 4 Councilmember Wachter asked lkhre would be an :i rtunity to bridge the wetland. Director Vraa noted that was possible and a!so:0cplained-tb* t n"easement would be provided by Gopher Resources to allow a trail to be constrt wd'':i~0i#p(eiel'y around the southern portion of the wetland and connect back to the north. Since this 141ormation had been reviewed and acted upon by the Council In the past, Mayor Egan noted that the land was acquired in a quick, cost effective manner to provide the biggest benefit to the community. Relative to the environmental Iss1 :,:?I =ricV er:8JQmquist expressed concern for lead contamination. She specifically questioned-Wfi i:-'i;iir: �09:.iaken and expressed concern for the company doing the testing. She then provided badi$'i'�ound inf$%*,' ation on testing she had done personally on the site. Blomquist then offered to work with sii#for clarification of test results and other testing that may be needed. Superintendernt: Eagan City Council Minutes March 17, 1997 Workshop Sessij:::::::::: Page 5 Mayor Egan suggested that work tie i to .14�k Aa ler plan for Patrick Eagan Park. The Council appeared to be open to suggestions tliat:iay'•j�iiste'red so they would have something to respond to. Director Vraa also noted that with the passing of Lillian McCarthy the City would be acquiring her house to be incorporated within Patrick Eagan Park. He noted that Lillian's daughter and husband had been living in the home:*:g*iYd.ca?.wW:rL%Y6a#R tbo* until they have an opportunity to clear out the house; approximately May IT.' ayor--atitd: ncilmembers asked that the City be as gentle as possible with the family during this &ifccess. Dji!*Ctor Vraa noted that staff has told the family to stay as long as they needed and they.aose the May 31 date. Director Vraa asked if there was any specific direction as to the use of tfii#�me froi*khe Council or Commission. It was the Council's consensus there'*was no spe'at -use identified regarding the disposition of the Lillian McCarthy home. Director Vraa stated that staff will prepare a memo regarding the house, similar to what was done for the Richard Holz property. CITIZEN WETLAND ASSESSMENT PROJECT The Council directed staff to pi*4i :0arO.4ipation in a cooperative program with Dakota County, the MN Pollution Control Agency4rti3:tlKi :Axtdubon Society for development and evaluation of a citizen -based wetland monitor'l�tg, aiftsstriei tt 4nd education program. PUBLIC/PRIVATE R1E4RE 4' iE::i bGRAMMING Two public/private opportuniti' .Oi'e'presented to the Council for their consideration and feedback. The first was from Robert Feiguson relative to the City's potential interest In scheduling City programs at the Lost Spur Golf Course during 1997. The second request was from Eagan Athletic Club wherein they are asking if the City would be interested In purchasing the business assets for $75,000. Staff noted that in their earlier conversations with Eagan Athletic Club their Interest in selling was never mentioned.:.Tpre..W :pnly.discussion about programming at the site. Councilmember Masin asked why tie Cost Spur was interested in incorporating public programs at their facility. Superintendent Petersoi3t�spondef.that there seems to be the perception that the golf club is private and not open to the p*lc. They::$ee this as a way to make people more aware that their facility is there. Mayor Egan not t#:;hat a leik:'back option had also been discussed to see if the course could be operated as a municipal golf co". Councilmember asked If the City could lease the course but not have it be a municipal golf course per se. After further disucssion, it was the Council's direction that staff proceed to develop programming at Lost Spur Golf Course for the 1997 season and that other options, including leasing, be investigated for longer term consideration. It was also the Council's direction that no action bi'i�isued relative to the Eagan Athletic Club's request for Gty participation. 1`7?yX.:Epn:�dde4 tba Gub is located on prime property and that, if necessary, it could be sold:bixtQb:s:::::::::::. OTHER BUSINESS'.".' Counciimember Wachter had asked previously If it would be possible to integrate the Wescott Commons program with a school facility. Wachter explained that he wanted to see if the City could save some money by providing this -service elsewhere and also opined that another location could possibly serve more than the Wescott neighborhood. Eagan City Council Minutes March 17, 1997 Workshop Sess%::::: Page 6 Councilmember Blomquist stated.. 1 it appears that-the:program at Wescott Is very successful just the way it's working. She opittied:4hat it shom#i#:ontinue as long as it is working but she did not support expanding the program: :::::::::::::::::::::::: DIRECTION, AIRPORT RELATIONS COMMISSION, PROFESSIONAL CONSULTATION City Administrator Hedges Introduced Airport Relations Commission Chair )on White and Assistant to the City Administrator )on Hphepsteki;ta:address ,fie Commission's request for direction concerning further research regai'dEti:a:prtiifsatl: prQfessionai and legal airport consultation. The Commission had raised the issue:�►3fh the Cicil In 1996 and is requesting direction as to whether to work further on the issu': •Mr. WhfWixplained that the Commission has received a response from one firm and that otherr.:4i4 not avatIme to the City due to their representation of other communities in the..vea:#t dluidjng,Minneapolis and Richfield. He indicated that the Commission believes there may >�;3tiixWValue 3R:id#ssCtsssing Eagan and the region's airport situation with an individual with a national perspective to'•get past the limitations of local perceptions and standards. If directed by the Council and upon further review, the Commission would bring forward a proposal with costs for Council consideration. Councilmember Blomquist asked what a proposed work plan for such a consultant might be. Hohenstein indicated that a proposed od.iliite: that was presented to the firm that responded included assistance to: influence regional, state and #ei#e#a1:ioli,y to minimize noise at its source, place noise Impacts from operations at MSP where thereare atts!: people and equitably distribute the rest among communities surrounding the airport,evelop and. Implement a noise mitigation program which will extend sufficiently into the noise inspacted.cQr:r# iikijties and provide adequate tools to limit impacts on residents and analyze local attc#:iittJ$try:irends•and develop realistic projections for the growth in operations demand withirf:tli:xiegioi: Councilmember Blomquist indicated that she had contacted Jennifer Sayre of Northwest Airlines who would be willing to present Northwest's expansion plans to the Commission as one means of providing information on industry trends. Hohenstein indicated that the Commission had expressed interest In inviting Ms. Sayre to a future meeting as well. Mayor Egan stated that he remains supportive of the concept of at :? k''e. ottsultitit fot::this purpose and that he would be Interested in having the Commission deveft-:ar tont:e3t 0e,:aid recommendation for Council consideration. The other Counciimembers indicated:that they:.would like the Commission to come forward with a proposal as well. 1997 COMMUNICATIONS WORKIROG"/WALLACE GROUP At this point in the meeting, Assistant to the City Administrator Duffy, Communications/ Recycling Coordinator Foote and Roy and Sheri Wallace of the Wallace Group joined the meeting. City Administrator Hedges referred to a memo from:Qommunications Coordinator Foote which was included in the Council's packet which listed the cgt ent Communications Coordinator's tasks and also additional projects which cquld N outsourced:'•'He mentioned that communications was named a primary goal of the City iiiiUP It: treats. He said that the list of additional projects had been modified [a'trtrifmi�ii'-tir-toir�monts from the City Council at the last special meeting at which this topic was addressed. Mayor Egan said that the comments of the City Colin -al had been effectively modified in the list. Regarding the elimination of the streamlined annual report for 1997, Councilmember Awada said it was all right not to produce the document this year, however, she said that it would be Important to do an annual report professionally in 1998. Sheri Wallace said that the Wallace Group Eagan City Council Minutes March 17, 1997 Workshop Sessisif Page 7 would Interview Department Heads at the#q'ginning of 199$:ad the annual report would be produced in February/March of 1998. City ¢minula:4wr- l;q ges suggested that an article In the May, 1997 City wide newsletter could list "FiSgh j t3:f�i 4496." Regarding the other proposals, the Council agreed with the business newsletter, the liiis tours, the business outreach and neighborhood outreach meetings, the cable bulletin board, the scaled back media training, the communication counseling and press releases/media stories by the Wallace Group and the budget for photography and web page software Items. Mayor Egan complimented the aflaee=Gf ti : r a d3iWAhe Country Joe lawsuit Information which was supplied to him by them. Gji: Councilinber Blomquist commended the staff for the positive press and media coverage which. resulted fr'o'm the City's organization and coordination of the sex offender release meeting.::::::: Since there was no further business,'•*tlt'"m"eet iig:ii► i:'*adloumed. Dated City Clerk TLH MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 28, 1997 SUBJECT: AGENDA INFORMATION MEMO FOR THE APRIL 1, 1997 EAGAN CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval of the April 1, 1997 City Council agenda and the regular City Council meeting minutes for the March 18 regular Council meeting and special minutes from the March 17 meeting, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. PARKS AND RECREATION DEPARTMENT Item 1. Direction Concerning Electrical Generator, Municipal Center Campus -- ACTION TO BE CONSIDERED: To provide direction to staff regarding acquisition of an electrical generator (genset) for emergency power under the Dakota Electric program of peak energy savings for all or a portion of the Municipal Center campus. FACTS: • Eagan City staff was contacted by Dakota Electric regarding locating an electrical generator on the Municipal Center campus. This generator would be used at peak energy times to reduce energy demands by Dakota Electric and also during power interruptions due to storms or emergency situations. • There is a savings derived from the presence of one of these generators. The City would qualify for rate 70 which is cheaper than the current rate of 43. • These generators are normally encouraged for large electrical customers and Independent School District 196 has purchased genset units for Glacier Hills Elementary, Red Pine Elementary and Falcon Ridge Middle Schools. • There are three possible alternatives for Council consideration: -- Hire an electrical engineer through Dakota Energy alternatives to thoroughly review the options and provide a cost analysis. Agenda Information Memo April 1, 1997 Eagan City Council Meeting -- Hire an electrical consultant to proceed with preparing plans and specifications for 1) the City Hall and Police only or 2) the entire Municipal Center campus. -- Move not to proceed with any additional work. ATTTACHMENTS: Copy of a memo from Director of Parks and Recreation Vraa, pages . S through /. -city of eagan MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, MUNICIPAL BUILDINGS DATE: MARCH 26, 1997 RE: DAKOTA ENERGY ALTERNATIVES - GENERATOR ISSUES FOR CONSIDERATION: Staff is seeking direction/approval from the City Council to pursue acquisition of an electrical generator (genset) for emergency power under the Dakota Electric program of peak energy savings for all or a portion of the Municipal Center campus. BACKGROUND: During the summer of 1996, Eagan staff was approached by Dakota Energy Alternatives (a division of Dakota Electric) to determine if the Civic Arena was a candidate location for an electrical generator. The generator would be used during "Peak Alert" times to reduce energy demands on Dakota Electric. The generator could also be used during power interruptions caused by storms or emergency situations. The presence of the genset unit would qualify the facility for rate 70, which is much cheaper than the City's current rate 43. By comparison, rate 70 has an energy rate charge of .0238 per kWh while rate 43 charges .0413 per kWh. The savings between the two rates is typically used to pay for the cost of the genset unit. Savings beyond the cost of paying for the unit would be the City's. Dakota Electric encourages the genset units for large electrical consumers to help postpone the need to build costly power generating plants which might be needed only to meet peak energy demands. Independent School District 196 has purchased genset units at Glacier Hills Elementary, Red Pine Elementary, and Falcon Ridge Middle Schools. Many businesses have also installed units to either take advantage of electrical savings or to provide emergency back up power. The City Council approved an electrical consultant's study of the Civic Arena, however when the arena project was bid, the savings did not cover the cost of the genset unit and the proposal was dropped. The Council may recall that a feasibility report for providing a generator at the south water treatment plant was subsequently done which showed potential savings at this facility. The Council has authorized the preparation of pians and specifications for that project to proceed. Because of the high electrical use at the Municipal Center and the Police building, a preliminary investigation was undertaken to determine the feasibility of providing a genset unit for this site. 3 INITIAL REVIEW: In preparing for the Initial review, staff learned that City Hall, Police, the Wescott sanitary sewer lift station and the Civic Arena were all on the same primary service line. (The Library is also on this electrical line but Public Utilities Commission rules prohibit more then one customer from being served by this program.) This common service line allows the City to consider combining all of the operations and servicing them from potentially one large generator. By combining the four locations into one, the potential for an economically feasible project is achieved. The attached information from Dakota Energy Alternatives reflects the advantage of this scenario. REVIEW OF PRELIMINARY STUDY: The preliminary study, which is attached for reference, looked at the most recent 12 month billing period between February, 1996 through January, 1997. The combined kWh for all four locations is reflected in the first column and peak demand In the second. You will note that August of 1996 was the biggest month for electrical usage at 261,632 kWh; with peak demand at 588. City Hall's biggest demand is 202, followed by the Civic Arena at 188, Police at 126 and the lift station at 34. The gross savings of rate 70 when applied to annual usage, provided an estimated savings of $61,861. The cost to operate the genset unit, estimated at $6,614 annually, would be subtracted from this amount. There are various options for acquiring the unit; purchase, lease or an acquisition lease. As the exhibit reflects, the acquisition price is estimated to be $459,896 which includes electrical engineering design fees, bidding, etc., making this a "turn key" operation. This assumes a generator at 800 kW, which is large enough to handle the potential for a limited increase in demand in the future. The pay back, if the City were to purchase the unit, would be 8.32 years. A continuous lease would save the City $4,185 per year, based on this preliminary study. OTHER FACTORS There are a number of factors to consider, but perhaps the two most significant to this issue relate to the Police operations and the Civic Arena. The Police have a back up generator already. This generator is approximately 14 years old and was initially rated at 150 kW. The Police do not have their entire building on the generator; some upper floor office lights, electrical outlets and some of the buildings mechanical equipment are not connected. The mechanical equipment supplies the cooling and ventilation to the emergency operations center and the ventilation to the dispatch center. These two locations can become hot and stuffy within an hour without power. Recently, the warning siren was added to the generator after the severe storm last May knocked out power to the siren before it could be activated. The siren draws about 26 kW. You may recall that the Police Department peak demand was about 126 kW before adding the warning siren. There is some concern that the existing generator is at capacity and that there can be no further additions or emergency reliance on this unit. 4 There have been different estimates as to the useful life of a generator. Staff believes this unit Is in reasonably good condition. It is serviced on an annual contract and is run monthly. Typically, units like this could be expected to operate for twenty years, but reliability becomes a factor. The unit did fail in June, 1995 when a sensor malfunctioned during a power interruption. As a point of information, the Police also have a UPS battery power as back up which supplies the dispatch center. The batteries are useful for about 1'/s hours. Since the new Police building was officially occupied, the UPS has been called upon 20 times for periods ranging from just a few seconds up to almost an hour. CIVIC ARENA ON RATE 70: As this study was initiated, staff also began to Investigate if the Civic Arena could be put on the rate 70 plan without a back up generator or another source of electrical supply. The answer was a qualified yes. If the Arena could, within 15 minutes of notification that Dakota Electric was into a peak period, reduce its demand by no less then 50 kW, it would qualify for the rate 70. Although it presents some problems and choices, staff believes that through load management, the Arena will qualify for this rate. Action has already been initiated to make this conversion with an estimated annual savings of approximately $6,000. This obviously affects the preliminary study in that the Civic Arena would have already captured savings from rate 70 and would not then be able to contribute to the generator purchase capable of serving the entire Municipal Center. It is also likely that the generator needed for the remainder of the Municipal Center campus would be smaller and less expensive. Dakota Energy Alternatives has run a second scenario which reflects having only the City Hall and Police on a genset unit. This option is also attached for reference and is identified as exhibit "B". Although the Arena is already taking advantage of the rate 70 program by shedding it's electrical demand for short time periods, that does not mean that facility would not benefit from having emergency back up provided by the genset. Calculations have not been run considering the possible addition of a second ice sheet. SECOND SCENARIO: Exhibit B summarizes the cost for providing a generator capable of meeting City Hall and Police needs with the Civic Arena and sanitary sewer lift station omitted. A generator capable of producing approximately 500 kW would be required. The estimated cost is $382,776, which includes engineering, installation, testing, etc. The rate 70 schedule would reduce electrical costs from $80,177 to $45,334, a savings of $34,843 annually. Operating expenses are estimated at $6,514 annually for a net cash flow of $28,330. Given the estimated cost, this translates into a pay back of 13.51 years. However, if the City were to purchase the unit, the net present value would be a negative $61,102 (Exhibit B). The City has the "continuous lease" option also available. This would not save the City any money from an electrical perspective, but would provide energy In an emergency situation while upgrading the backup equipment for the Police department. The City would not own nor would it be responsible for maintaining the generator with this option. The cost difference between this and the first scenario is less then expected because the electrical service entrances are at opposite ends of the two buildings. Enclosure costs for sound proofing do not decrease significantly with the reduction in size of generator, and screening costs for the generator do not decrease, may actually increase, because the location would be adjacent to the Police building. Consequently, even though the size of the generator has been reduced, much of the other fixed costs have not been reduced proportionally. SANITARY SEWER LIFT STATION: The Wescott lift station, located just west of Denmark Avenue, has a connection for an emergency generator to be brought in. However, the Utility Division reports that it does not have a generator large enough to operate either of the two pumps for this lift station. During power failures now, sewage has been allowed to back-up into the trunk main. This trunk main runs into the McCarthy property and once that property develops, this alternative would not be available. By including the lift station and providing generator power to it, there would be one less lift station to worry about during major power disruptions. (Utilities Division has thirty- two lift stations.) Utilities reports this station will eventually need to have some type of back- up power supply, either portable or permanent. ISSUES FOR DISCUSSION: The Council will want to consider the present value of having to replace the current Police generator at some time in the future. As noted earlier, it appears as if it is at maximum capacity now. Age of the unit is another consideration. The unit has some useful life remaining, but has reached its half life. The unit may have some salvage value. Cost to replace the unit today with a similar size has been estimated by one vendor at roughly $75,000. This assumes the same size generator with no additional changes. No estimate is available as to the salvage value of the existing generator. The Council should also consider the need/desire for City Hall to have emergency power. Another issue is location of a new unit should the Council decide to proceed. The location of the existing generator, behind the screening wall, would not be large enough for a new unit. It may be more cost effective to locate a genset near the lift station to serve the needs of the Municipal Center campus. COSTS: The costs associated with the hiring of an electrical engineer are part of the project cost and would be absorbed by DEA. However, if the Council ,should later decide that the project is not feasible or for some other reason decide not to proceed, those costs would be the responsibility of the City. Those costs are currently estimated at about $7,500. ALTERNATIVES: The Council may wish to consider the following possible actions: • Hire an electrical engineer through Dakota Energy Alternatives to thoroughly review the options and provide a cost analysis. • Hire an electrical consultant to proceed with preparing plans and specifications for 1. City Hall and Police only 2. The entire Municipal Center campus, understanding that there may not be a savings to the budget, but that the benefit would be from backup power to the Police, City Hall and sewer lift station. 0 Move not to proceed with any additional work. Peak Alert Rate 70 Savings Customer Name: i� v u �.exn tV email 211n uuS Account Number: 4 Aants Historical Usage & Demand. Month kWh Maximum & Year Usage Demand Jan -97 183,712 425 Dec -96 215,696 403 Nov -96 168,856 455 Oct -96 210,792 480 Sep -96 190,616 529 Aug -96 261,632 588 Jul -96 173.304 528 Jun -96 132,664 432 May -96 147,624 481 Apr -96 171,872 518 Mar -96 182,584 441 Feb -96 173,776 499 Tot"ax 2,213,128 588 2/19/97 Medvoltys 7 Dakota >ncr&v AiVrn=ver Rate Com onents Rate 43 Rate 70 Monthly- Facility Charge $25.00 $55.00 Energy Rate per kWh $0.0413 $0.0238 Demand Rate per kW S9.60 $6.45 State Sales Tax 6.5% 6.5% Avera a Cost per kWh $0.0592 $0.0329 Monthly Ifing Comm arson Rate 43 Rate 70 Rate Energy Demand Total 3/ Energy Demand Total 3/ Savings Jan -97 $11,998 $2,903 $2,742 $6,071 $5,927 Dec -96 $10,597 $3,408 $2,598 $6,455 $4,142 Nov -96 $12,566 $2,668 $2,934 $6,025 56,541 Oct -96 $12,325 $3,331 $3,094 $6,901 $5,424 Sep -96 $15,397 $3,012 $3,413 •$6,901 $8,496 Aug -96 $11,658 $4,134 $3,793 $8,501 $3,157 Jul -96 $9,587 $2,738 $3,406 $6,602 $2,985 Jun -96 $10,288 $2,096 $2,784 $5,256 $5,032 May -96 $11,145 $2,332 $1,102 $5,846 $5,299 Apr -96 $10,717 $2,716 $3,341 $6,509 $4,208 Mar -96 $10,443 $2,885 $2,846 $6,162 $4,281 Feb -96 $12,778 $2,746 $3,217 $6,409 $6,369 Total 5139,499 $34,969 $37,270 $77,638 S61,861 Average Monthly- Sa-,ings $5,155 Notes: 1, This is a historical rwomputation, using the most remit 12 months of actual d=and and energy wage. 2+ Rate 70 assumes no coincident.demaud via stmdby genwition (311:70 per kW). 3, mthly totals include the facility charge, energy d rge, demand charge, and resource adjustment, 2/19/97 Medvoltys 7 Dakota >ncr&v AiVrn=ver KI tl ` r Executive Sumrrna - Financing Options F_ City of Eazan - City Hall Campus errs it,_i What are the projected Rate Savings? Monthly Annual Electric Bill - Current Rate $111625 $139,499 Electric Bill - Peak Alert Rate 70 $6,470 $77,638 Gross Rate Savings $5,155 $61,861 How much does it cost to operate? Estimated Average Fuel Cost $278 $3,338 Maintenance Contract .10 Years 182 2,184 Full Coverage Warranty 10 Years 91 1,092 Operating Cost Estimate $551 $6,614 Free Cash Flow $4,604 $55,248 Cash Purchase (Customer Owns Equipment) Estimated Project Cost $4599896 Includes .Generator Rebate ($139360) Payback Period (Years) 8.32 . Internal Rate of Return 01 11.27% Net Present Value @ 8% .$167,535 ContinuouN Lease (DEALOwns Equipment) Annual Rate Savings to Customer - 3% $4,185 Up -Front Cost to Customer NOME Annual Operating Costs to Customer NONE Acquisition Lease (Customer Owns Equipment) Lease Payments 15, years $4,491 $53,896 Customer Rate Savings During Lease $113 $1,351 119197 Medvoltxls Dakota Energy Attematives 0 3-17-1997 8:44AM FROM DAKOTA ELECTRIC ENG 4636107 p,3 . Peak Alert Rate 70 Savings WON -0 1 Pift 43 Rate 70 Monthly Facility CWV $25.00$55.00 Energy Rite per kWh $0.0413 50.0238 Demand Rate per kW 59.60 56.45 Suft San Tax 6.50/0 6.5% Average Cost per kWh $0.0575 SO.0325 :is i k R; lin,_ H": "A, Rate 43 MEnergy Rate 70 Rate Energy Demand Total 3/ Demand Total 3/ Savings Jan -97 $6,383 $1,542 $1,522 $3,322- $3,061 Ded-96 $5,447 $1,776 $1,471 $3,517 $3,930 Nov -96 $6,911 $1,324 $1,522 $3,090 $3,821 Oct -96 $7,076 $1,811 $1,754 $3,855 $3,221 Sep -96 $8,799 $1,804 $1,868 $3,969 $4,930 Aug -96 $8,448 $2,364 $2,160 $4,877 53,571 Jul -96 $7,341 $2.247 $2,105 $4,693 S2,64S Jun -96 $6,664 $1,779 $1,869 $3,944 $2,720 May -96 $6,044 $1,583 $1,922 $3,791 S2,253 Apr -96 $5.801 $1,454 $1.845 $3,572 $2,229 Mar -96 $5,367 $1,552 $1,561 $3,374 $1,993 Fbb-96 $5,996 $1,447 $1,625 $3,330 $2,566 Total S80,177 $20,683 $21,224 5451334 534,943 AvgrW Mauthly Savings $2,904 :4,77, 3/st"11MVIOLTias R-98% Dakft Ewe Akandivu 4636107 03-17-97 09:47AM P003 #40 3-17-1997 8:43AM FROM DAKOTA ELECTRIC ENG 4636107 73 Executive Summary - Financina options r.r. %,n;h:Kw:.<.mew..e•.Y..a...w....w.;q..,..%.Y.%....,.Y....::.:.,:.w.,.,o,•.,:,,:,.•::.:.;:::,•.... ea:«.i:<:::.,.:%•2e:%.::...:: :::::.:. :a Irn :. .:...•,.h....,:.w.•.:....:....h.,....., ,p.Y. e•,••.vwt• ..f•.aa...,•<...... ..::......•.a•:::.aw,.•,.w.••.++. ':�Yy':0,:, ,:: a. >•:� "irii: . ;:.: r:<ae+a•>e.a.:•aa;..:•nr :<•Y••:i•%• a<Y.�:% ;..M,•�$ :�u�:A.',:9..: vi::ii •,. iK:r�ii• •'t :i:�;r wi:.yi:;So:aR•:n :w..xs,••Y•+r.%w.,•....a:a:°: ^;7.Y.,`.�'. i� .%; .� a� .••t;:ai�':i`tiw::.>:a e: f.:7:i::if �..:::. ,,s.,:w>� �. f,a:i. •..ian.,:.aLRa>. .,„:a•Y;•o..ar;,.•,.;•;...v:��iv%;i::;....o-,•.,•.Y..�., .w :„ .•V. �N..va:,h a.N w. •;••Mf•:•.♦ :.tt.?r..aiv.vkNl.1}I...�a�I..N�r::l'.•h•: M�ail:a•'Z• ..:,:..,w,..>+R;w.: a<;;.,:..:, •:;.,. '•..Y .•:• :via.:w.w... R•r:: ...y.a�Y� ff%at are the projected Rate Savings? Monthly Annual Electric Bill - Current Rate $6,6581. $80,177 Electric Bill - Peak Alert Rate 70 $3,778 $45,334 Gross Rate Savings $2,903 $34,843 Wow much does It cost to operate? Estimated ,Average Fuel Cost $166 $1,990 Maintenance Contract 10 Years 267 3,198 Full Coverage Warranty 10 Years 171 1,326 Operating Cost Estimate $543 $6,514 Free Cash .flow $2,360 $28,330 77 < rf Estimated Project Cost $382,776 Includes Generator Rebate ($8,200) Payback Period (Years) 13.51 Internal Rate of Return 6.06% Net Present Value @ $% ($61,120) Annual Rate Savings to Customer - p% $0 Up -Front Cost to Customer DONE Cust.yo�ymer . Annual Operating Costs to Customer. NONE •r+ .� man: 00 nY ,).:. .w.wv w+w� ... ..a,r .a••.•w• ., vn ,*Y.iu '.•%0:. a%>aY�h'r %h nl.+.r ... .R RK Y.% fR:N :r.R f. < .aV,. Lease Payments 15 years $3,740 $44,882 Customer Rate Savings During Lease ($1,380) ($16,560 V$/r MwVOLT-kU R-98% LJ Ddaft 4636107 03-17-97 09:47AM P002 #40 Agenda Information Memo April 1, 1997 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Patrol Officer -- ACTION TO BE CONSIDERED: To approve the hiring of Karlen Johannes as a Patrol Officer in the Eagan Police Department. Item 2. Engineering Intern/Streets-- ACTION TO BE CONSIDERED: To approve the hiring of Minh Le as a seasonal Engineering Intern in the Streets Division. Item 3. Seasonal Park Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Dave Jungers as a seasonal Park Maintenance Worker. Item 3. Seasonal Part-time Recreation Leaders and Assistants— ACTION TO BE CONSIDERED: To approve the hiring of Martha Buyck, Rachel Collingham, Meghan Doherty, Jake Groff, Shannon Haugh, Katie Jorgenson, Julie Kugler, Amy Smiler, and Stephanie Zeitz as seasonal part-time Recreation Leaders and Jill Andrew, Christie Mason and Jillian Wagner as seasonal part-time Recreation Assistants. Agenda Information Memo April 1, 1997 Eagan City Council Memo B. CONDITIONAL USE PERMITS - DART TRANSIT ACTION TO CONSIDER: > To approve a continuation of consideration of Conditional Use Permits requested by Dart Transit on property located west of T.H. 149 and south of T.H. 55 in the NW'/4 of Section 12. FACTS: > At their regular meeting on January 28, 1997 the Advisory Planning Commission recommended denial of Conditional Use Permits requested by Dart Transit on two parcels west of T.H. 149 and south of T.H. 55 due to concerns about inadequate information. > The City Council reviewed the Conditional Use Permit request by Dart Transit at their regular meeting on February 4, 1997. The Council passed a motion to continue the request for 60 days to allow the applicant to submit additional information. It was also intended that the APC would review that new information at a public hearing prior to forwarding it to the Council. > To date, Dart Transit has not submitted any additional information. Lately they have been focusing on the proposed Eagandale Corporate Center 2"d Addition subdivision submittal and haven't had time to devote to the CUP project. However, they have submitted a waiver to the 60 -day agency action deadline which allows this item to be continued indefinitely. Staff anticipates receiving the additional information within the next 2-3 months. BACKGROUND/ATTACHMENTS: > Minutes of February 4, 1997 City Council meeting p. 1.3 — �- Waiver to 60 -day agency action deadline ® /4- ( a G (a EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY PAGE 4 4,997u—� K. > v agreement with Da County Parks Depa and authorize the yor to execute the agr L. ` to approve a solution amendin, a Eagan D -III Mixed esidential (6-12 its per acre) at the so east comer of ankee Doodle 5t trail groomil3a. It was recommended to approve an provide cross country trail and tubing hill grooming mprehensive Guide Plan on PF Public Facility to allowc� J and Coachman Road it , .;ouncnmem r Awada moved Counciimember agenda ye: 5 Nay: 0 UDER APPOINTM TS TO THE BI COMMISSION, A 15VISORY PLANN ABATEME) City Administrator edges provided alternate position on the AAvisory PlanninaA advertise in the IoM newspape/for the Commission. Aye: Nay: 0 was recommended ately 14 acres, from of a church located of Section 16. a motion to approve the rGAN TELECOMMUNICATIONS ION, AND SOLID WAS' Kurt Augustin ppointe to the one-year by Council ballot. was ber Awada onded a tion to direct staff to I on thez-llumsville/Eaggn Telecommunications wuVca/newem er Awad moved. ounciimember achter advertise inl news pets an contact the hamber of representativon a Solid ste Abatem t Commission. Counr asin s Bested co cting the three towould be inteapplying r the pos' n on the Burnsville/ gCouncilmemquilt st ed that a is not opposed to hisdiscussed ati wor ssion a a policy drafted. Dis ssion on various cos. ouncil mber Awada stated tha this po with an adult n the iss of student representati should t eFe: d a motion to direct staff to Cerce regarding the business A Nay: 0 high schools to see if an students In Telecomm tions mmission. idea but d this iss a should be :ontinu regarding udents serving itio hould be ad rtised and hired iscussed at a ture work session. Tom P rso addressed the City CouVanded for clarificatio on a reso}Gtion of the conflict of inte t i ue and whether the minutesnuary 7 meetin w approv4d as written. Mayor Egan i that there were no changes to. Mr. Pederso tated that the accusation made by on the Councilmembers was unfounded in regard to another Councilmember having a conflict of interest. CONDMORAL-"USE-:P,ERMITS:-.PART TRANSIT, City Administrator Hedges provided an overview. Senior Planner Ridley gave a staff report. Dan Oren, representing Dart Transit, addressed the Council and discussed their business operations and explained their need for additional space. He stated that they do not have any immediate need to expand their building because they have employees at several sites in town, but they need additional space for 13 F r EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 5 outdoor storage. He further stated that they need the space now and he did not feel they can wait until the Trucking Study is completed. Gary Santoorjian, representing the applicant, addressed the Council and reiterated Dart's need for outdoor storage. Chuck Torkilson, 510 Rolling Hills Circle, addressed the Council and stated that it would be appropriate to wait until the Trucking Study and the Highway 55 and T.H. 149 study are completed before the application is approved. He said that T.H. 149 cannot handle an additional 500 cars per day. He expressed his concern for the potential increase in accidents near the intersection of Highway 55 and T.H. 149. He stated that an Indirect Source Permit would be required for the driveway to connect the two existing properties. He further stated that the proposed landscaping on the Sill's property would only cover half of the facility and would not block the view of the property owners. He summarized by saying the applicant should wait until the two studies are complete and they should come back to the Council with more concrete plans. Mayor Egan said that if an additional 500 cars per day is proposed to be added to T.H. 149 additional reassurance would be needed in regard to the Indirect Source Permit. Senior Planner Ridley stated that the proposed use does not require a mandatory ISP, but he added that the City could require one. He also clarified the access to the parcels from the Borchert -Ingersoll Road. John Young, member of the Eagan Small Business Association, addressed the Council and stated that the Trucking Study being conducted is very complex and could take a long time to complete. He further stated that he is concemed about the retention and growth of existing businesses in the City and he suggested that the Council should approve the applicant's request. He added that the increased traffic as a result of this use could help to obtain funding from the state because of the additional congestion on T.H. 149. Mr. Santoodian stated that they are not trying to circumvent the process but have business needs that must be met. He explained that they are trying to avoid additional expense in the preparation of detailed plans if the City Council is going to deny the request for outdoor storage. He said that they understand the residents' concerns about the increased traffic, but he added that stifling development will only delay the needed improvements to T.H. 149. He clarified that they are satisfied with the access from the private road. Mr. Oren explained that the sites are to be used primarily for trailer storage. Councilmember Wachter stated that the City requires grading and development plans to be completed prior to the approval of a CUP. Senior Planner Ridley said that the applicant did not want to put more money into plans until the use is approved. Mr. Oren noted that if the request is approved the proper plans will be submitted for Council approval. Councilmember Wachter said that it is difficult to approve the CUP with so many details unknown. Mayor Egan said that the Council could be viewed as unreasonable if they grant preliminary approval to this applicant and then deny other applicants' requests for preliminary approval. City Attorney Sheldon stated that a CUP is permitted if certain conditions are met that are imposed by the City Council. Mayor Egan commented that he was concerned that the review process is conceptual at this point and if the Council approves the request, they would be locked in to the approval of the CUP regardless of what plans are submitted by the applicant at -a later date. Councilmember Wachter said that he is uncomfortable with the access to T.H. 149. He added that the traffic study results are important to know before approval is given to this request. Councilmember Masin stated that the Council should try and work with Dart and asked if T.H. 149 is upgraded could something be done to address the safety concerns of residents in the area with regard to the intersection at Highway 55. City Administrator Hedges explained that the two main components being addressed in the l �� EAGAN CITY COUNCIL MEETING MINUTES; FEBRUARY 4, 1997 PAGE 6 Trucking Study are transportation and land use designation. Councilmember Wachter stated that the Council does want to try and accommodate Dart, but he added that they need to go through the necessary steps in the application process. Councilmember Blomquist further added that the Council does not have enough information from the Trucking Study or the applicant to make an informed decision. She stated that Dart should be involved in the Trucking Study process. Councilmember Awada noted that the property is zoned industrial and the traffic that is proposed will be less that what would be generated from a residential development. Councilmember Blomquist reiterated that the problem is not with the proposed use but rather that the application is incomplete. Mr. Oren said that the issues would all be addressed according to the City's rules and regulations. He stated that their company is not within the Trucking Study boundary. Councilmember Blomquist added that the boundaries need to be re-examined and that Dart should be included. City Administrator Hedges noted that the Trucking Study needs to be expedited as soon as possible, but the issue here is not with the Trucking Study but rather the City Council policy that concept pians are not considered as an official action for a development proposal. He further stated that any approval of a concept pian precludes the public hearing process for a proposed rezoning, subdivision or planned development. Councilmember Wachter moved to deny the request for the Conditional Use Permits. Councilmember Blomquist asked whether the Council should deny the request or continue the item. Mayor Egan stated that the applicant needs to provide the necessary details and asked if the item could be continued so the applicant could submit a complete application. City Attorney Sheldon said that the Council has the ability to continue the item and impose a 60 -day extension to the agency action deadline to allow the applicant to submit the necessary information. Mayor Egan asked if the detailed plans would need to be reviewed by the Planning Commission. Sheldon stated that the Planning Commission would have to hold a public hearing. Councilmember Masin stated, and Mayor Egan concurred, that the Trucking Study was not intended to restrict existing businesses from expanding but rather to provide direction for new trucking development. Councilmember Blomquist moved, Councilmember Masin seconded a motion to continue the request for a Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip" parcel, located west of T.H. 149, south of Stark's restaurant, in the east half of Section 12 and a Conditional Use Permit to allow outdoor storage of trucks on the "Sills" parcel, located west of T.H. 149, south of Stark's restaurant, in the east half of Section 12 for 60 days to allow for a final application, Councilmember Blomquist asked if the applicant wanted the continuance. Mr. Oren stated that they would be willing to supply the additional information and would like the item continued. A vote was taken on the motion: Aye: 5 Nay: 0 min propo d use.,,Me noted and t the blic at larg fueli g s on. Mr. zsr an ut atic shut off p a ino to state reoul NDITIONAL US RMIT-- AMOCO,-,--� Lings provided i in the event er ww. Senior /aut ey gave a staff report. ddress he Coprovided overv' w of the fuel s will be fg the cal trucki g industry i ed a concern I of an atte dant at the easures are in pa facility is nipped with ael spill. He adde tanks have o be installed Carlee Cashin, also representing the applicant, addressed the Council and stated that the facility �J city of eagan WAIVER TO 60 -DAY AGENCY ACTION DEADLINE I/we the undersigned hereby acknowledge the need for additional time to adequately review my/our application(s) for Cot%4:4:•%.*J Q 94 VV%L},3 as outlined in correspondence from the City dated- 1E*-6nj&ft1 3 , L Ot ! � and agree to waive the 60 -day agency action deadline requirement. (041 4.,ld 3 P DaA Applicant Date Recorded Property Owner Date Applicant Date Recorded Property Owner Date re me _ Subscribed and sworn to before me K dR i 1991 .-this day of , 199 DAKOTA COUNTY :fj GMM12Stoa Eipra JAMM 31.2== Nota6 Public Notary Public l(� Agenda Information Memo April 1, 1997 C CONTRACT 97-04, CLIFF RD VN'TR TREATMENT PLANT - STANDBY GENERATOR ACTION TO BE CONSIDERED: To approve the plans and specifications for Contract 97-04 (Cliff Road Water Treatment Plant - Standby Generator) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, April 25, 1997. FACTS: • On December 16, 1996, the City Council authorized the preparation of detailed plans and specifications for the purchase and installation of a standby generator for the Cliff Road Water Treatment Facility. • This standby generator will enable the Water Treatment Plant to continue operating during power outages and will provide approximately $41,000 per year of energy cost savings. • The competitive bid solicitation of this generator (engineer's estimate is $250,000) will ensure the most economical acquisition cost and minimize the projected 9.5 year buy-back. • These detailed plans and specifications have been completed, reviewed by the Public Works Department and found to be in order for favorable Council consideration of authorizing competitive bid solicitation. D. CONTRACT 95-16, WELL #18 - CHANGE ORDER #3 ACTION TO BE CONSIDERED: To approve Change Order #3 for Contract 95-16 (Well #18) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • This Change Order provides for a change in the substantial and final contract completion dates for the installation of Well 418 near the Cliff Road Water Treatment Facility. In consideration of extending the contract completion date, the contractor has agreed to accept a deduct in the amount of $3,250. • This contract change order has been reviewed by the Public Works Department and found to be in order for favorable Council consideration. (7 Agenda Information Memo April 1, 1997 �i�Y_11�7I� k1j D - ACTION TO BE CONSIDERED: To approve the 9h and final payment for Contract 95-16 (Well #18) in the amount of $43,942.45 to Keys Well Drilling Company, Inc., and accept the improvements for perpetual City maintenance. FACTS: Contract 95-16 provided for the drilling and development of Well #18 located near the Cliff Road Water Treatment Facility. This contract has been completed, inspections performed by representatives of the Public Works Department and found to be in order for favorable Council approval of final payment issuance. Agenda Information Memo April 1, 1997 F CONTRACT 95 -BBB, OAKPOINTE OF EAGAN 1ST A DN ACTION TO BE CONSIDERED: To acknowledge completion of Contract 95 -BBB (OakPointe of Eagan V Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Contract 95 -BBB provides for the private installation of public utilities by the developer within the OakPointe of Eagan 1 '` Addition located west of Galaxie Avenue and south of Cliff Road. • All inspections have been performed by representatives of the Public Works Department and found to be in compliance with the contract plans, specifications, and City standards. Subsequently, it is recommended that the Council formally acknowledge completion of these improvements and authorize perpetual City maintenance subject to contractual warranty provisions. l� Agenda Information Memo April 1, 1997 Eagan City Council Meeting G. REQUEST FOR PUBLIC HEARING CERTIFICATION OF DELINQUENT UTILITIES - MAY 6 1997 ACTION TO BE CONSIDERED: To schedule a public hearing for Tuesday, May 6, 1997 to consider certification of delinquent utilities to the property tax rolls. FACTS: + On a semi-annual basis, the City considers certification of delinquent utility accounts to property tax bills for payment. At the present time, there are 369 outstanding accounts representing a total value of $61,696. Details concerning delinquent accounts will be provided at the time of the public hearing. aZ) Agenda Information Item April 1, 1997 Eagan City Council Meeting H. FINAL SUBDIVISION, PRELIMINARY & FINAL PLANNED DEVELOPMENT SAFARI AT EAGAN 3RD ADDITION ACTION TO BE CONSIDERED: ➢ To approve a Final Subdivision for Safari at Eagan 3rd Addition for 3 lots on 7.7 acres, located west of Thomas Center Drive and north of Cliff Road in the SW 1/4 of Section 28. ➢ To approve the Preliminary and Final Planned Development for Safari at Eagan 3rd Addition for 3 lots for the development of a theater/restaurant and two office buildings, located west of Thomas Center Drive, north of Cliff Road in the SW 1/4 of Section 28. FACTS: ➢ The Preliminary Subdivision, Preliminary & Final Planned Developments were approved at the October 17, 1996 City Council meeting. ➢ A six month extension (through April 17, 1997) was granted by the Council at the November 4, 1996 City Council meeting. ➢ The development contract, preliminary and final planned development agreements and Anancial guarantee have been reviewed and are in order. ATTACHMENT: (1) Plat Map - page 'Z a ( O.M .,.— ` ffw* 10 ww C) P F I; Fli FA, C)Cy I1 K 1_ y / , �,�, ti "� y�. s i i{: f ; I` I vs i c51 ' 0 :i t 3 all$° t IS L n � N N, b O.M .,.— ` ffw* 10 ww C) P F I; Fli FA, C)Cy I1 K 1_ y / , �,�, ti "� y�. f �=i s ; vs i c51 ' 0 :i i3 IS O.M .,.— ` ffw* 10 ww C) P F I; Fli FA, C)Cy I1 K 1_ y / , �,�, ti "� y�. fc10 31 ... 6 LHL ; ' 0 :i i3 IS L n � A � b s = I�Vlj •c fc10 31 ... 6 LHL ; ' 0 :i i3 IS L n � s le an" V oil A Agenda Information Memo April 1, 1997 Eagan City Council Meeting L AMENDMENT TO FINAL PLANNED DEVELOPMENT - LOT 1. BLOCK 3. EAGAN PROMENADE (THE SHOPPES) ACTION TO BE CONSIDERED: > To approve an Amendment to the Final Planned Development for Lot 1, Block 3, Eagan Promenade (The Shoppes) to allow minor building size and materials modifications. FACTS: > The Final Planned Development for the Shoppes at Promenade was approved by the City Council on November 19, 1996. Since that approval, the developer has made changes to the building size and elevations. These changes are consistent with the Preliminary PD but formal action is necessary to modify the approved Final PD. > The developer is proposing to enlarge the two buildings known as The Shoppes at Promenade by a total of 2,545 s.f.. As a result these buildings will comprise 28,183 s.f rather than 25,638 sT as indicated in the approved Final Planned Development Agreement. > The developer is also proposing to modify the front elevations of The Shoppes by replacing the peaked gables originally proposed over the smaller storefronts with canvas awnings and reducing the building height from 25'-6" to 21'-6". The canvas awnings proposed will be constructed of green canvas that is consistent with the awning design guidelines. BACKGROUND/ATTACHMENTS: > Approved Site Plan, page > Approved Building Elevations, page sZ > Proposed Site Plan, page 2(. > Proposed Building Elevations, page Q Q 3 t ,.... •• ...•. THE SHOPPES AT PROMENADE Al EACAN, MINNESOTA •off •• THE SHOPPES SITE PLAN •,�Y " PROMENADE AVENUE � Y 3 OPUS.D? J—R— :: A- _ - I, i1 ,0 �lJ i ,� gg �P ,.... •• ...•. THE SHOPPES AT PROMENADE Al EACAN, MINNESOTA •off •• THE SHOPPES SITE PLAN •,�Y " PROMENADE AVENUE 3 OPUS.D? J—R— :: m .J I II$ r $are $ i[ .N. k . .�. l� e.■ ,zoo �e A3 EAGAN. MN IM ELEVATIONS / SECTIONS 000 0 000 0 0000 ♦iwwh` I F � 1 70 CD er'w- 70 • ---------------------- .. PROMENADE AVENUE ,moi` ..... THE SFIOPPES AT PFiOMENAE)E AC{ EACAN• MINNESOTA �7� THE SHOPPES SITE PLAN r..i..�., r49lYG.�rr ..1... •• •r. .. I,Tn-u- F � S aF d C; a �D I - c -o+- ----- z: ' . o .MRrt t o �I�ddi tF CC CC g5g5 i s tlddC C� ---------------------- .. PROMENADE AVENUE ,moi` ..... THE SFIOPPES AT PFiOMENAE)E AC{ EACAN• MINNESOTA �7� THE SHOPPES SITE PLAN r..i..�., r49lYG.�rr ..1... •• •r. .. I,Tn-u- ...... ..�. awe C; u:•.d•we r. ut•.d•.v. ---------------------- .. PROMENADE AVENUE ,moi` ..... THE SFIOPPES AT PFiOMENAE)E AC{ EACAN• MINNESOTA �7� THE SHOPPES SITE PLAN r..i..�., r49lYG.�rr ..1... •• •r. .. rl-IAI� ...... ..�. awe C; u:•.d•we r. ut•.d•.v. �, 1 Yl V -----------C l " - ° -111�'s ti y ---------- 090 . 1 Hi 111 E ol 1 q if G • o ' Q ` is — t—, Mill ..... '' "" "' THE SHOPPES AT PROMENADE ' '' '4* CAGAN, UN ELEVATIONS / SECTIONS "• I}�I•I sopus• Im Irw kr }. '• � ' "' 11IA-IYp I. 11}.f11 -IK I Agenda Information Memo April 1, 1997 Eagan City Council Meeting J. ADDITION TO THE FEE SCHEDULE TO ESTABLISH FINAL PLAT FEE ACTION TO BE CONSIDERED: > To approve an addition to the City's Fee Schedule to establish a Final Plat fee. FACTS: > The City requires property to be platted prior to issuance of building permits. Often, platting occurs in conjunction with other development reviews such as final planned developments or CUPS. However, there are properties that simply need to be platted (i.e. legally described as one lot; not a subdivision which creates more than one lot). > The City does not currently have an application submittal process specific to plat review. Establishing a standard application submittal process would allow final plat review submittals to be handled consistently. > The proposed $200 fee is intended to cover processing costs. No escrow is proposed because the staff review for plats is generally minimal. In cases where a final plat is proposed in conjunction with another application (e.g. final PD) this fee would be waived. BACKGROUND/ATTACHMENTS: > Draft Final Plat submittal checklist, page SUBMITTAL REQUIREMENTS FINAL PLAT SUBMITTAL CHECKLIST Application form and fee ($200) Final Plat - Three (3) blue line copies (min. 1" =100' scale; 20"00", 22"04", or 24'x36' sheet size) Official Plat - Three (3) mylar copies (min. 1" = 100' scale) Official Plat - One (1) mylar copy at 1" = 200' Address Plats - Twenty-three (23) 8 '/z" x 11" copies Rai Agenda Information Memo April 1, 1997 Eagan City Council Meeting K. TOBACCO/CIGARETTE SALES LICENSE - JENSEN'S SUPPER CLUB ACTION TO BE CONSIDERED: To approve a tobacco and cigarette sales license for Jensen's Supper Club for over-the- counter sales of tobacco products. FACTS: The City is in receipt of an application from Doren Jensen on behalf of Jensen's Supper Club for a tobacco sales license for Jensen's Supper Club. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: Is Application enclosed without page number. L. EXEMPTION FROM GAMBLING LICENSE NORTHERN DAKOTA COUNTY CHAMBER OF COMMERCE ACTION TO BE CONSIDERED: To approve a resolution exempting the Northern Dakota County Chamber of Commerce from the lawful gambling license requirement for raffle activities to be held at Blue Cross & Blue Shield, 3535 Blue Cross Road on June 29, 1997. FACTS: The City is in receipt of the above -referenced application which has been reviewed by staff of the Police Department. No issues have been identified at this time which would prevent approval. ATTACHMENTS: • Resolution on page -sai. • Application enclosed without page number. 3c) RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, Northern Dakota County Chamber of Commerce 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, NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Minnesota, hereby approves the exemption from lawful gambling license for Northern Dakota County Chamber of Commerce. Motion by: Seconded by: Those in Favor: Those Against: Dated: CITY OF EAGAN' CITY COUNCIL By: Its Mayor Attest: _. Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1" day of April, 1997. E. J. VanOverbeke, City Clerk 3i Agenda Information Memo April 1, 1997 Eagan City Council Meeting M. ON -SALE LIQUOR LICENSE - D F &_R OPERATING, INC. dba DON PABLO'S, 1280 PROMENADE PLACE ACTION TO BE CONSIDERED: To approve an on -sale liquor license for D F & R Operating, Inc. dba Don Pablo's, 1280 Promenade Place as presented. FACTS: An application has been received for an on -sale liquor license for Don Pablo's to be located in the central restaurant area of the Promenade development. The application has been reviewed by staff of the Police Department and no reasons have been identified for denying the application at this time. • By way of background, the City currently has 26 on -sale liquor licenses available. The distribution of those licenses is as follows: 18 active on -sale licenses 1 active on -sale club license 1 pending (Don Pablo's) 3 designated for hotels 23 of 26 available licenses In addition, interest has been received for an additional liquor license in the Promenade area and for the former Cracker Barrel building at Lone Oak Road and 35E. If these were to come forward and be approved, the City would have 25 of its 26 licenses active or designated. ATTACHMENTS: ■ Application enclosed without page number. 3a Agenda Information Memo April 1, 1997 Eagan City Council Meeting N. OFF -SALE LIQUOR LICENSE, BYERLY'S, INC. INFORMATIONAL ONLY) ACTION TO BE CONSIDERED: For information purposes only. FACTS: With the acquisition of the Byerly's grocery stores by Lunds Foods, it is appropriate to change the ownership information for the off -sale liquor license associated with the liquor store located on Byerly's property. On the new application, Byerly's Inc. will continue to be the liquor licensee, while Lund Family Members are listed as additional principal owners. Because the license holder remains the same, there is no need for separate Council action or issuance of a new license, but it is appropriate to acknowledge the change of ownership. ATTACHMENTS: + Application enclosed -A ithout page number. 33 Agenda Information Memo April 1, 1997 Eagan City Council Meeting O. ADOPT CHILD PROTECTION POLICY ACTION TO BE CONSIDERED: To adopt a child protection policy for the City of Eagan. FACTS: Director of Parks and Recreation Vraa, Superintendent of Recreation Peterson, Assistant to the City Administrator Duffy and the Recreation Supervisors, in conjunction with the City Attorney's office, have developed a child protection policy in order to meet the stipulations of the National Child Protection Act (Public Law 103-209) and to attempt to assure safety to children who participate in City sponsored activities. The policy covers all employees and interns, all volunteer positions for City sponsored events that have occasion to interact with children without direct, continuous supervision by a regular employee and all contractual instructors offering recreational activities, having occasion to interact with children without direct, continuous supervision by a regular employee. The main points of the policy include a criminal background check for all of the above, training, supervision, and a child protection complaint investigation policy. The Advisory Parks, Recreation and Natural Resources Commission is recommending approval to the City Council. ATTACHMENTS: + Copy of the proposed child protection policy, pages &through av b � CHILD PROTECTION POLICY This Child Protection Policy is established to meet the stipulations of the National Child Protection Act (Public Law 103-209) and to attempt to assure safety to children who participate in City sponsored activities. Coverage: (a) All employees and interns. (b) All volunteer positions in municipal employment existing or hereafter created that have occasion to interact with children without direct, continuous supervision by a regular employee. (c) All contractual instructors offering existing or hereafter created recreational activity, having occasion to interact with children without direct, continuous supervision by a regular employee. Hiring Procedure 1. Job descriptions shall be established for each position/category of positions. 2. Job postings shall include: • Minimum requirements. • Equal opportunity statement. 3. Applicants must fill out City application form and provide other information as requested. 4. Candidates meeting minimum qualifications may be considered for personal interview subject to: • Number of positions to be filled. • Objective review and point total (100 maximum) of minimum and desired qualifications. Veterans preference points will be applied when requested. S. Candidates interviewed will be asked to respond to questions related to the position; all candidates will be asked the same questions. 6. All candidates interviewed shall be requested to sign the City form authorizing a criminal background check for the conviction of a crime or crimes as authorized by Minnesota Statute Chapter 364 and as otherwise allowed under the Minnesota Child Protection Background Check Act, Minnesota Statutes 299C.60 - 299C.64. Criminal background checks will only be performed for those applicants whom the City is still considering hiring after the initial interview. • State Statute does not create a duty to perform a background check. By enacting this policy the City is not under a duty to perform a background check on any employee, intern or volunteer. 7. The existence of a criminal conviction record will not automatically disqualify a candidate from employment with the City, though certain types of criminal convictions may prohibit working in certain positions. Records of arrest not followed by valid conviction; convictions which have been, pursuant to law, annulled or expunged; and misdemeanor convictions for which no jail sentence can be imposed, will not be considered by the City. Before any applicant is rejected on the basis of a criminal conviction, he/she will be notified in writing and will be given any rights to processing of complaints or grievances afforded by Minnesota Statute Ch. 364 and Section 299C.60 - 299C.64. 8. Candidate evaluation will continue with reference checks. 9. Positions will be offered to individuals who best fit requirements of the position. 3� J Training 1. Regular employee training shall be provided as appropriate to a position. 2. Seasonal and temporary employees and volunteers shall undergo training that shall include but not be limited to: • Personnel procedures and responsibilities. • Program/activity related experience in a workshop type setting. • General observation and awareness of surroundings of the work environment. • First aid and CPR. • Performance expectations, supervision, and evaluation. • Department/City policies and procedures including the prohibition of harassment, illegal discrimination, and child protection. Supervision 1. Program sites will receive a minimum of one site visit from supervisory staff each day. The purpose is informal feedback and assistance. 2. Supervisors shall provide seasonal/temporary employees with telephone and pager numbers at which they can be reached. 3. A staff meeting or meetings shall be held as required by supervisory staff. 4. Supervisor/seasonal-temporary individual meetings will be held concerning: Performance below expectation. Conformance with City policy. Exit interviews. Child Protection Complaint Investigation Policy 1. The following steps may be taken by supervisory staff concerning a complaint of harassment, intimidation, verbal, psychological, physical or sexual abuse involving a child against an employee, intern or volunteer. The City's basic personnel policies, including its sexual harassment policy, will govern an investigation for child protection. • Immediate suspension with pay for the duration of the investigation. In the case of a volunteer, cessation of the volunteer activity. Notification shall be in writing. • Report the incident to the Director of Personnel who will conduct an investigation providing a preliminary report within 72 hours if possible. • If the complaint against the employee could result in a criminal charge, the complaint will immediately be reported to the police department. • Maintain confidentiality. 2. Minnesota Data Privacy Act provisions will be followed. INDEPENDENT ORGANIZATIONS The City of Eagan is not responsible for background checks or liable for actions by personnel and volunteers from independent organizations that use City facilities. W O/childpro.tect Eagan City Council Agenda Information Memo April 1, 1997 Meeting P. FINAL PLANNED DEVELOPMENT - POWER SYSTEMS RESEARCH INC - LOT 1 BLOCK 1 EAGANDALE OFFICE PARK 2ND ADDITION ACTION TO BE CONSIDERED: To approve the Final Planned Development for Power Systems Research, Inc. to allow the phased construction of a 90,000 SF office building on Lot 1, Block 1, Eagandale Office Park 2nd Addition located at 1345 Corporate Center Curve in the NW 1/4 of Section 3. FACTS: The Eagandale Office Center Planned Development was approved on March 19, 1985 and provided for general office uses only. The proposed Power Systems development is consistent with the original Planned Development approval. Power Systems intends to develop the 90,000 SF office in three phases. Phase one is scheduled for construction this year and will include a 24,000 GSF two-story building. Future phases (moving west to east) include a 40,000 GSF four-story addition and another 24,000 GSF two-story addition. There has been no time line established for the future phases. BACKGROUND/ATTACHMENTS: ( 1 ) Ultimate Development Plan -page 3 � u cn a� I�illl�r i I I I'i 1 O I II i�" " IIIIIiNI O / • O Qa • L 9 r - c _c. c LL L LL. Agenda Information Memo April 1, 1997 ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of drainage and utility easements as described affecting Lots 1 & 2, Block 1, Eagandale Center Industrial Park #9 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 4, the City Council received a petition requesting consideration of vacating publicly dedicated drainage and utility easements and scheduled a public hearing to be held on April 1 to formally consider the merits of this request. • All notices have been published in the legal newspaper and sent to all potentially affected utility companies and/or interested parties informing them of this request and scheduled public hearing. As of this date, staff has not received any objections to the proposal. ATTACHMENTS: • Location map, page 46. % • Legal description and raphic representation, page • Staff report, page . 3q NiPP$7A(FIfRx7J fR iJA = ` /II''LOST SPUR <sl� �i� - 'RAPC >a.O Wn�1 r Ia us~SDS �I ^.ORRrjRA tE_:AGAN MCU57RIAl ROAD ill CENTER 4 !!qtn" AVE. ;1 y li 11 / i Rus HAW AL IL!c ALNE OAK m a �o { Tn a RED - AR AQ. GMVIEW AvE. t!j --ri `! ` II PARKIE / % COUNTRY 14 II ����p'�(f HOME ;PAC PROPOSED VACATION s! 11= OAKS a0. r� C' EtSTI. • e 9 27 1 QUARRY PARK c U 0 < (te' _ ®' �) PLOT ^ I� o KNOB,iI, I PARK I W 71 zs ' u�i� OW\ AD.�� 'OwERvEw a0: I II ARRY a ... i;Y` <u � = c. 1.7.19 z , � I �vARICE , `u 1 wES ?I = 27 YANKEE DOODLE ROAD II� �Wu �� TER gf 7)' 1 i I I 5T. 1 t0) ZATAENT z w*r DR .,i1TY «rY ss, �+ �, _; MAINT. TY i `� 'FACI s I N ROYAL IVVV BOAPOwA z( PAOAK CR. i RK I? i VIOLET I I I 7 PA O oern Y� t5 KENrETW S7.. \\ 9EATRIC� ST. �� II KEEFE :T. PAL RKG'� ' 17, U—'-', POST c I a I I! `� CO".. 'S -! L_ d I.- TAMARAC PT. J 2- OR04 PT. } 3.- NORWAY PT. 1- FOREST RIM TR. S.- 9"OOD LA. e.- REDWOOD PT. 7.- SPRUCE PT. YANKEE DOODLE ROAD" YANKEE PL ;I (601 ^R. CARRIAGE 1 isr 0M.F COL 24,0'LEARY PARK I, 1 Ll, c£a ' YASwe J4, K 1 .. 1 5 1 A �+`� r� lx +CET 1 FYI I ml i"l ►RA.rr+D Lx city of eagan PUBLIC LOCATION MAP WORKS DEPARTMENT 1`r 15' mode X -a nd Surveying ll nc. 9001 E. Bloomington Freeway (35W) Bloomington, MN 55420 basement Vacation slcetclz (6 12) 881-2455 '� --- N89'50'36"E 382.04 --- GMp �Or OF ORAINAC� !t U►IUTY ��• T PV NOUSTRLAL PARK NO. 9 OF G AU W TO BE VACATED INDUSTRIAL. PARK vR 9 e �U vN�y USO AIr1 tvV. T VACATION DESCRIPTION The drainage and utility easements dedicated in the plat of EAGANDALE CENTER INDUSTRIAL PARK NO. 9, Oakoto County, Minnesota lying over, under and across Lots I and 2, Block I, said EAGANDALE CENTER INDUSTRIAL PARK NO. 9. 'A IL ,N �xti gyp' n Cyt. g N�•4Q� N; ° Di�� '� 1 / 5k9 / SCALE: I INCH = 100 FEET We hereby certify that this sketch, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 23rd day of January , 1997 SONDE LAND SURVEYING, NC. By. `% . Edward H. Sunde, R.L.S. Minn. Reg. No. 8612 TO HE VACATED rt �Lb r •A /•A AIr-%A r L:nvnlvvn�_` /�r�tTrry . vl-ry t C. Qp QV] , T I^, 1% t-) 1!A A r 1 31 Y !✓ V v' I t \ �. 1�' a 1 4291'• 04 1 /•11 \ i \ # C I 9.E7 AIr1 tvV. T VACATION DESCRIPTION The drainage and utility easements dedicated in the plat of EAGANDALE CENTER INDUSTRIAL PARK NO. 9, Oakoto County, Minnesota lying over, under and across Lots I and 2, Block I, said EAGANDALE CENTER INDUSTRIAL PARK NO. 9. 'A IL ,N �xti gyp' n Cyt. g N�•4Q� N; ° Di�� '� 1 / 5k9 / SCALE: I INCH = 100 FEET We hereby certify that this sketch, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 23rd day of January , 1997 SONDE LAND SURVEYING, NC. By. `% . Edward H. Sunde, R.L.S. Minn. Reg. No. 8612 ENGINEERING REPORT CITY OF EAGAN REPORT DATE: MARCH 17,1997 REQUEST: EASEMENT VACATION LOCATION: LOTS 1 & 2, BLOCK 1, EAGANDALE CENTER INDUSTRIAL PARK #9 PETITIONED BY: APRIL ERICKSON REPORT BY: CRAIG KNUDSEN, ENGINEERING TECH Background The City has recently received a petition to vacate all drainage and utility easements within Lots 1 and 2, Block 1, Eagandale Center Industrial Park #9, Dakota County, MN. The developer is proposing to combine these two lots through the replat of Homestead Village. As a result, the ponding areas as well as utility layouts will change to conform to the revised plans. All necessary easements will be dedicated with the final plat of Homestead Village and will reflect the layout necessary for the replat. Notifications and Responses Public notice for the vacation of the easement was published in the City's legal newspaper. Additional notices were provided as standard procedure to parties who may have an interest in the vacation. As a result of the notification process, Dakota Electric Association expressed concerns over a main underground electrical cable located along the northerly ten -foot drainage and utility easement. As with all plats, a ten -foot drainage and utility easement will be dedicated in this same area with the plat of Homestead Village. Recommendation It is recommended that the City vacate all drainage and utility easements within Lots 1 and 2, Block 1, Eagandale Center Industrial Park #9, with concurrent recording of Homestead Village. Attachments: Location Map Legal & Graphic H: VACA?IONVECIP0 - Report//jj Agenda Information Memo April 1, 1997 I'M ell "m woo I W513577"w R_ ■k ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of drainage and utility easements as described affecting Lots 1-13, Blocks 3 & 4, Eagandale Center Industrial Park #4 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 4, the City Council received a petition requesting consideration of vacating publicly dedicated drainage and utility easements and scheduled a public hearing to be held on April 1 to formally consider the merits of this request. • All notices have been published in the legal newspaper and sent to all potentially affected utility companies and/or interested parties informing them of this request and scheduled public hearing. As of this date, staff has not received any objections to the proposal. ATTACHMENTS: • Location map. page. _ • Legal description and 4gaLrhic representation, page . • Staff report, page. 45 W z - _ CO.RD. 26 LONE OAK ROAD - cLUBvIEw DR. :w DR. 6 > I m I z 0 M a GEMINI RD. 11 �y APOLLO I ROAD PROPOSED VACATION N ImIn iml z J U W Y I I YANKEE I 0000LE ROAD Corr SO. V J � > L� COURSE 3= WESCOTT END � � RD. DR. GOTR. 'TRAIL c ity of eagan PUBLIC ti WORKS DEPARTMENT SECTION 11 LOCATION MAP Q 0 a ,000 ' Ow C z Z �� O o ^4 T ....� fir -�.. Q Rqe 2 fill R! 1J 8 W p CC. tj W � mss,xla°v15 e z 7.W m41+I= y $ o a o C 0 114L—-- "' O s 5ssa o3 0 4j a M W,4 .co CL •r•1 • j hxx v 1 0 o o b I I I I i CI I Lamens S, a e xaWW e at r ro ).n asn•� M, ..� 1,S {.DO _ M •.L•1,51.00 S I •Z 1'099• •)r• s Ln al 49 5.00 +y•�''�i-�"-'k.�`� , � �+•,,�-i�f-�i► *-� +fir' \ �' '� �?�?— — �� K a -a N-a�a�••i s•� ILL rr-Ir'e-9-9 —,i•�'.� 'n 4 . I. CN ..� M rtrr� �•f �! �r•�-+w . � � �-�••��••ar � � ��+-�� I I _3E'— — a I a �cool p _— '1'#;'!►i ♦� « t^���. fir. — — — — ~_tsrc io • ZY *---gI� ob F—#-'"r'�'. -�k �/-.✓�-+1!#� +f_"11 —__x— �ti'r a X04 �- '#� • i t / t -At 00 •0-0 0-0 �r••� +r►• f� �►•i►.ila a+ �I — m m wLn II 4 ^00 ry M co R • ^ ' °\t0 SII •'t• big lei tR l R 7,.'t[ •moi v me= O Noe e! r w • !►*I ! • ! ! • ! ! f •'* :� • ! f i i • • ®m • • N sts:oo « �' 'V' Y71 wAFy1L7 *.M '16 O W3 & ADAt 1 h%x l •S 1.00$ L t I _ ^ o s ] % w.aa m rw n ntn w• s ■, I s by .DaO .. •00'LClt• 'X•+.� -M .tG.GL00 5• .. - •t t' C mw•• � v •• t/ tL 3NII Hol" ..........• ' ENGINEERING REPORT CITY OF EAGAN REPORT DATE: MARCH 17,1997 REQUEST: EASEMENT VACATION - EAGANDALE CENTER INDUSTRIAL PARK #4 LOCATION: EAGANDALE CORPORATE CENTER PETITIONED BY: DAN OREN - MAPLEWOOD ACRES REPORT BY: CRAIG KNUDSEN, ENGINEERING TECH On October 15, 1997, the Eagan City Council approved the final subdivision of Eagandale Corporate Center. Underlying part of this plat were Lots 1-13, Block 3, and Lots 1-13, Block 4, Eagandale Center Industrial Park #4. All of these lots had their respective front, side, and rear drainage and utility easements which were provided at the time of the original plat. Although the replat of Eagandale Corporate Center was approved and recorded, all underlying easements do surface until specific action is taken to vacate these easements. This proposed vacation would not affect any easement provided under the recent plat of Eagandale Corporate Center. Notifications and Res on nses Public notice for the vacation of the easement was published in the City's legal newspaper. Additional notices were provided as standard procedure to parties who may have an interest in the easement vacation. As a result, the City has not received any objection to the easement vacation as proposed. ;- •1101 -OI. .W It is recommended that the City vacate all drainage and utility easements as proposed by Maplewood Acres, Inc., within the original Eagandale Industrial Park #4 Addition. Attachments: Location Map Legal & Graphic H: VACATIONS/ECIPp4 - Reportlfji 4� Agenda Information Memo April 1, 1997 ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of drainage and utility easements as described affecting Outlot A, Eagan Metro Center 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 4, the City Council received a petition requesting consideration of vacating publicly dedicated drainage and utility easements and scheduled a public hearing to be held on April 1 to formally consider the merits of this request. • All notices have been published in the legal newspaper and sent to all potentially affected utility companies and/or interested parties informing them of this request and scheduled public hearing. As of this date, staff has not received any objections to the proposal. ATTACHMENTS: • Location map, page. • Legal description and graphic representation, page through5— • Staff report, page _!!�� . ( 7 YANKI, I Q,.e AC t 1 �a city of eagan PUBLIC WORKS DEPARTMENT SLAC444 HIL! RK CRESTRIDq LN. j C CW7 I PROPOSED VACATIONER SON MONTEREY LN _0 1 C.R. 1 J O,p 'rCv !9 KYLLO LN. Y �� SILVER BELL WATF TRE? FACIL M F C C, D. RIVERTON 0 3 1VERT0 RCAR� W ALISAOE `r9C Y 1 VN r rc Y Gdi. ,nRfVTV SECTION 17 LOCATION. MAP Q a JAN. 1996 SENECA HILLS 16037 Legal Description of Easement Vacation All Easements within Outlot A, Eagan- Metro Center 2nd Addition, Dakota County, - nnesota J^ `- I + O �l r 7 86 Oi I I j � �%�, i \�`� `• ��.• INS ` : $(d CD �! 4lgr +�' // wrii � \. O� - Al Ap Y, �1Oct} W ^ w !rte _ A/f • �y /: /.� AS, N ��OfZ CCI 7% •$y\$S• �1 a Ars� '� p�� ��`'i'.iJ•. ^s��$ �� _ [ 'n " V ;� ` QJ K \r amtAs // I l • r � i';' U.1 W i I / "It CAP rj of • . � / w J � J� , / • /� a°n' mr I • ' i� fs' r mer �. R'1 iana� x� o en •�+ 1 Lm l 8 i°°a+ow & I i • , 4 xl aova B / + N z ' IWLWN i w�= irR 1 mvc N Big / c, w" ` It 1 . y N ^ IF � n , n Vi / N ^ / ' 1,4 / 446 sift l city of eagan PUBLIC WORKS DEPARTMENT ED VACATION /aaao, irsoo C t . cfl►x ' �+ ' Northern Natvia/ Co. Easement per 1 till ��� r ", pe 494, Book 70 ' o a R V t Utilit I3 8 NO.O340 NO.OJ IO E 3S2.GO j" t 6� C a 338.59 -, 1 ��z ,a � NCO ' q E , 1 No•oraoE eee.se r ,'O '\ I h b I Existis�drein�1 1 � vfi/ify eossn'xnt �er ree'ordp/at of I I b � �t I 1 1Z = �;ti- ocean iY1e C'�afPr. al I to I� LOC 1�t — 3 tot 1 plc Me ts° I ' ri E°a°"" t to sloe �`�ter, 0 NO.O! IO E I6/. fb h 7S N O•Od �f0 E 9SJ.00�O I J .� E•rirG� /D 1i�t width io1O-{ O I - iY0 Gl4o E •'=a r° I %1 �� I drai/ a /v!///ty dwelnent Metro Centel a f Existing vt///tf eessMert t0 0 � I � lawn of 1n /ver doe no 39f9/17. I ; l "07'5¢"E :F,46.12 - T lON414-7 ' b,�-\ LOCAToON EMAP ,1'� WA DRA/NACE ANO 11r1 /TY f �t VA EASEMENTS ARE SHOWN THUS *;. �+ ' ,+ 1Ro d O C -• x •` �� 14__L_ ,IK C`� �K Beih� /O fret in width, vn/ess ' otherwise indicated, and odjoinin a street /fines as shown on the p�3t. SECT, RA -,r ?_?'W .?7 N.i .9ANBE .?3 M' r:ity of eagan PUBLIC OUTLOT A EAGAN—METRO CENTER 2ND ADDITION WORKS r DEPARTMENT l s / ENGINEERING REPORT CITY OF EAGAN REPORT DATE: MARCH 18,1997 REQUEST: EASEMENT VACATION - OUTLOT A, EAGAN METRO 2ND ADDN LOCATION: SENECA HILLS PETITIONED BY: GENE SHELLERUD - G.M. HOMES INC REPORT BY: CRAIG KNUDSEN, ENGINEERING TECH BackLuound The developer of G.M. Homes, Inc., has petitioned the City of Eagan to vacate a drainage and utility easement over the southerly 10 feet of Outlot A, Eagan Metro Center 2nd Addition. This site was replatted to Seneca Hills on September 17, 1996. However, the underlying drainage and utility easement remains in place. Since this development proposes to construct a townhome over the original easement, it will be necessary to vacate this easement. All necessary easements were provided under the plat of Seneca Hills and this vacation would not affect any other platted easement. Notifications and Responses Public notice for the vacation of this easement was published in the City's legal newspaper. Additional notice was provided as standard procedure to other parties who may have an interest in the easement vacation. The City has not received any objection to this action as proposed. Recommendation It is recommended that the City vacate the southerly ten -foot drainage and utility easement of Eagan Metro Center 2nd Addition as proposed. Attachments: Location Map Legal & Graphic H: VACATIONS/Eag. Metro 2p°-RgmrVjj Agenda Information Memo April 1, 1997 ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of drainage and utility easements as described affecting Lot 1, Block 1, Eagan Promenade 2°a Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 4, the City Council received a petition requesting -consideration of vacating publicly dedicated drainage and utility easements and scheduled a public hearing to be held on April 1 to formally consider the merits of this request. • All notices have been published in the legal newspaper and sent to all potentially affected utility companies and/or interested parties informing them of this request and scheduled public hearing. As of this date, staff has not received any objections to the proposal. ATTACHMENTS: • Location map, page 5�. / • Legal description and aphic representation, pages S; through • Staff report, pages through�r 53 31st =ST. 4 I U 4,i V �• � . ••.., SERVICE I I RAINIER a U.S. POST t.�►. J�� s m Iv x I OFFICE � W LONE OAK W RD.� J CORD — . I 9C to Q' I l S W t02 + 1 � a m. CLUBVIEW OR. OWERVIE RD. 'DLA I I I I Lj IOUARRY � L6 01U L I I GE141, F UJ I'I SITE ORIVE I t 4 I�y RICE � MA4, l 2 I � � Y/ t t PROPOSED LOCATION 0I I I 0 Z j YANKEE OOOOLE ROAD �I > YANKEE PL. O. < TOWN OR. Y c^ �ov2 W �E , . DR. ` COLFVI W E city of eagan PUBLIC WORKS DEPARTMENT SECTION 10 CATION MAP McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors VACATE UTILITY & DRAINAGE EASEMENT That part of Lot 1, Block 1, EAGAN PROMENADE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the southeast comer of said Lot 1; thence on an assumed bearing of North 0 degrees 23 minutes 49 seconds East, along the east line of said Lot 1, a distance of 476.69 feet; thence North 89 degrees 36 minutes 11 seconds West 13 1. 00 feet to the point of beginning; thence continue North 89 degrees 36 minutes 11 seconds West 3.08 feet; thence South 0 degrees 23 minutes 49 seconds West 22.00 feet; thence South 89 degrees 36 minutes 1 I seconds East 3.08 feet; thence North 0 degrees 23 minutes 49 seconds East 22.00 feet to the point of beginning. County Document Number 1383506, EAGAN PROMENADE 2ND ADDITION plat recorded on October 23, 1996. An Equal Opportunity Emprover S 00'23'49" N 22.30 3.38 tri S 84'36'11" E 131.30 UTILITY & DRAINAGE EASEMENT TO BE VACATES - S, o o .• `° �o_ - �. - o e , • e r , r n e e , S 89'3s'49" E y 18.45•►3.55- _-: S 0023e 49ee M ::;.::• 9.57 ., J Lo O e cu , ' e � �•�,e N� a `� \ O W K 89.36' 11" N c ity of eagan PUBLIC WORKS DEPARTMENT 218.50 164.73 ---- -------------------- S-88-04-36- --- S 88.04'36" E 218.58 ------- UTILITY & DRAINAGE EASEMENT e e 2 r (_ PROPOSED VACATION MAP SCALE IN FEET V., I li ; REV. EASEMENT LOCATION C� PLATTE ; E EASEME' ; Co ° WATERMAT': E SHIFTED 3' WEST city of eagan PUBLIC WORKS DEPARTMENT W4 E - PROPOSED SITE MAP J 7 ' McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors VACATE UTILITY & DRAINAGE EASEMENT That part of Lot 1, Block 1, EAGAN PROMENADE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the southeast corner of said lot 1; thence on an assumed bearing of North 0 degree 23 minutes 49 seconds East, along the east line of said Lot 1, a distance of 194.24 feet; thence North 89 degrees 36 minutes 11 seconds West 164.73 feet; thence North 19 degrees 56 minutes 50 seconds West 91.41 feet to the point of beginning; thence continue North 19 degrees 56 minutes 50 seconds West 10.21 feet; thence South 89 degrees 35 minutes 49 seconds East 3.55 feet; thence South 00 degree 23 minutes 49 seconds West 9.57 feet to the point of beginning. County Document Number 1383506, EAGAN PROMENADE 2ND ADDITION plat recorded on October 23, 1996. e:lmain:lplatsl l 1320es3 S An Equal Opponunity Emoioyer �'� �- U f 1L1 I Y & URRINRGE ;I,r EASEMENT TO BE VRCATEP43, 179 • s18''E 11,20 o ' J o � - � S 89'35' 49" E y S 00ti 23' 49" W -:. 9.57 '•� � `V N� , W 1 N 89.36'11" W 215.50 :;----------------',-----------ZI.-- ---164.73 ---------------------.; znS @8.04'36" E 21@.58 !N .. COto �6 o U') ' S , ------------------6g -----, UTILITY & . �0. 'DRAINAGE m 22.36........:6 _. 5° 47' 39" E 21•g4_ ;EASEMENT ------------- a �" `��; cow • ''�9'. 98;, ; -------------------------------------------------------------=-------------------i-- N FEET city of eagan PUBLIC PROPOSED SITE MAP WORKS DEPARTMENT Z Ln W SE CORN I OT r 911 m 3.55 18.45 10 SCALE IN FEET city of eagan PUBLIC WORKS DEPARTMENT I REVISED BUILDING LOCATION 120 REVISED EASEMENT LINE \ � • •�'"' 9.57 r 1 r • r 1 F F e r A V � HEALEY RAMME EAGAN PROMENADE 2ND ADDN. #11320 PROPOSED VACATION MAP RSEMENT i U I O� I � � O � � CZ nC-D I I. I REVISED BUILDING LOCATION 120 REVISED EASEMENT LINE \ � • •�'"' 9.57 r 1 r • r 1 F F e r A V � HEALEY RAMME EAGAN PROMENADE 2ND ADDN. #11320 PROPOSED VACATION MAP RSEMENT ENGINEERING REPORT CITY OF EAGAN REPORT DATE: MARCH 17,1997 REQUEST: EASEMENT VACATION - EAGAN PROMENADE 2ND ADDITION LOCATION: EAGAN PROMENADE 2ND ADDITION PETITIONED BY: TOM HEALEY, HEALEY RAM1V1(E COMPANY REPORT BY: CRAIG E. KNUDSEN Background Tom Healey of the Healey Ramme Company is petitioning the City to vacate two separate portions of drainage and utility easements within Eagan Promenade 2nd Addition. This request results from proposed changes within the project as construction progresses. The first request is located near the northwest corner of building #3. This portion of the building extends into the easement by 2.08 feet resulting in the developer proposing a vacation of 3.03 feet in order to resolve this encroachment. The main conflict with this change is the proximity to the water main with the new location of the building. To alleviate this conflict, the developer's engineer has moved the location of the water main three feet to the west. The second area of requested easement vacation is located at the northwest comer of the exterior garage, west of Building #3. The purpose of this vacation is to allow for the lengthening of the exterior garage to 21 feet. The main conflict with this encroachment is the location of the storm sewer main which is 7.1 feet from the garage corner to the center of the pipe. In the event it would be necessary for the city to repair or replace the pipe in that location, a trench box may be required for a distance of 15 feet. The Utility Maintenance Division is aware of this conflict but feels the possibility of this type of repair is very minimal and is more concerned with possible garage settlement due to the utility trench. It is recommended that additional depth on the garage footings be required along the storm sewer. Notifications and Responses Public notice for the vacation of this easement was published in the City's legal newspaper. Additional notices were provided as standard procedure to parties who may have an interest in the easement vacation. The City has received one concern in response from City staff regarding the location near the garage. It is recommended that the garage footings be at an elevation below the utility trench. Recommend tion It is recommended that the City vacate the drainage and utility easements as described on the attached legal descriptions under the condition that the developer provide footings for the front of the garage at or below the elevation of the utility trench. Attachment: Location map Legal Descriptions & Graphics MO Agenda Information Memo April 1, 1997 ACTION TO BE CONSIDERED: To close the public hearing and approve Project 692 (Old Sibley Highway - Streets & Utilities), authorize the preparation of detailed plans and specifications and acquisition of easements through condemnation. FACTS: • On March 4, the City Council received an amendment to the feasibility report for Project 692 and scheduled a new public hearing to be held on April 1. • The original public hearing for Project 692 was held on October 2, 1995. This project provides for the extension of sanitary sewer and watermain along with upgrading Old Sibley Highway as necessary to service the Eagan Heights Townhome development located north of Diffley Road and west of Cedar Freeway. • Under the terms and conditions of the development contract agreement for the Eagan Heights Townhomes I" Addition approved by Council action on November 6, 1995, the developer was responsible for acquiring the necessary easements to allow the City to proceed with the installation of these public improvements under a City contract. • Due to the developer's inability to provide the necessary easements, the City was not able to award a contract within the statutory timeframe of one year from date of project approval. The re -approval of this project as a result of this new public hearing will allow the City to proceed as originally planned. • The original feasibility report has been amended to update the cost estimates and legal descriptions of property to be assessed. ISSUES: • Since the time of the original public hearing, the recording of the final plat changed the legal descriptions as originally noticed. Several of these units are now occupied by private homeowners who, by law, must receive notice of this new public hearing. Subsequently, with the notice of this public hearing, staff enclosed a memo explaining the developer's responsibility for these assessments and the probability that funds have been escrowed to cover these costs. ATTACHMENTS: Feasibility report with amendment, pages (Q through Public hearing notice memo, page. AMENDED REPORT OLD SIBLEY HIGHWAY UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 692 March 3,1997 DESCRIPTION This project provides for the construction of utilities and streets in Old Sibley Highway to serve Eagan Heights Townhomes. The public hearing was held on October 2, 1995, at which time the project was approved. However, the project was not constructed because the developer did not acquire an easement for the proposed sanitary sewer. The easement acquisition was a condition for plat approval. This amended report updates the preliminary cost estimate, parcels to be included, preliminary assessment roll, and provides a new project schedule. Appendix A updates the preliminary cost estimate while Appendix B provides an updated Preliminary Assessment Roll based on current parcel identification. Appendix C includes a letter from the City of Eagan to the developer dated December 3, 1996. Figures 1 — 7 have been updated to reflect current parcel identification. PRELIMINARY COST ESTIMATE A. Sanitary Sewer $79,000.00 B. Water Main 27,780.00 C. Street/Storm Sewer _ 348,000.00 Total r $454,780.00 The estimated project cost is $454,780.00, which includes 5 percent contingency and 35 percent indirect costs. The estimated project cost in 1995 was $380,790.00. The cost increase is due to the following: • Inflation (1995-1997) $8,000.00 Increase in material price and labor cost • Sanitary Sewer Easement 15,000.00 Easement cost not included in original Feasibility Report • Overflow Storm Sewer Pipe 18,000.00 ➢ Overflow storm sewer was originally part of the developer's private plan. Developer requested storm sewer to be included with public contract after the feasibility report was prepared. • Additional Common Excavation 17,990.00 Number increased from report to detailed report Common excavation amounts were estimated in 1995. Final design based on developer's grading plan reflect actual quantities. • Indirect Cost (35% vs. 30%) 15.000.00 ➢ Amount used for indirect costs (legal, engineering, administrative, and bond interest) was changed from 30% to 35% anticipating additional costs due to delays. Total $73,990.00 AREA TO BE INCLUDED SW 1/i Section 19 Eagan Heights Townhomes I" Addition Parcel 010-52 Block 1, Lots 1— 15 Parcel 011-57 Outlot A Parcel 013-57 Parcel 017-50 Parcel 020-52 Parcel 040-52 PROJECT SCHEDULE Present Amended Report Public Hearing/Authorize Condemnation for Sanitary Sewer Easement Approve Plans/Specifications Award Contract Substantial Completion Assessment Hearing First Payment Due March 4, 1997 April 1, 1997 May 6, 1997 June 3, 1997 September 19, 1997 October 1997 April 1998 APPENDIX A PRELIMINARY COST ESTIMATE OLD SIBLEY HIGHWAY UTILITY AND STREET IMPROVEMENTS Project 692 A. Sanitary Sewer 700 IF 8" PVC sanitary sewer 15' — 20' deep @ $32/1.f. $22,400.00 200 LF 8"PVC sabutart sewer 0' — 15' deep @ 425/11 5,000.00 4 EA Std. 4' diam. MH w/ cstg. @ $1,500/ea. 6,000.00 21 LF MH depth greater than 8 feet deep @ $100/11 2,100.00 1 EA Connect to exist. MH @ $3,000%a. 3,000.00 1 LS Clear grub trees @ $3,000 3,000.00 1 AC Restoration @ $3,500/ac. 3.500.00 Subtotal $45,000.00 + 5% Contingency 2.250.00 Total Construction Cost $47,250.00 + 35% Indirect Costs 16,750.00 Easement Acquisition 15.000.00 TOTAL SANITARY SEWER $79,000.00- B. Water Main 130 LF 12" DIP water main @ $40/l.f. $5,200.00 100 LF 6" DIP water main @ $20/l.f. 2,000.00 3 EA 12" BV & box @ $1,000%a. 3,000.00 1 EA 6" GV & box @ $600%a. 600.00 2 EA Hydrant @ $1,500/ea. 3,000.00 2 EA Connect to exist. water main @ $900%a. 1,800.00 2,000 LB Fittings @ $2/lb. 4.000.00 Subtotal $19,600.00 + 5% Contingency 980.00 Total Construction Cost $20,580.00 + 35% Indirect Costs 7,200.00 TOTAL WATER MAIN $27,780.00 C. Street/Storm Sewer 1 LS Clear grub trees @ $4,000 $4,000.00 6,700 CY Common excavation @ $5/c.y. 33,500.00 4,200 SY Reclaim bituminous surface @ $2.50/s.y. 10,500.00 500 CY Subgrade correction @ $5/c.y. 2,500.00 500 CY Select granular borrow @ $6/c.y. 3,000.00 8,200 SY Subgrade preparation @ $1/s.y. 8,200.00 3,700 TN Class 5 aggregate base 100% crushed @ $7.50/tn. 27,750.00 1,500 TN Bituminous base course @ $21/tn. 31,500.00 750 TN Bituminous wear course @ $24/tn. 18,000.00 4,300 LF B618 concrete curb & gutter @ $7/11 30,100.00 350 SY Concrete valley gutter/driveway apron @ $30/s.y. 10,500.00 17 EA Adjust structure @ $200%a. 3,400.00 780 LF Storm sewer pipe @ $30/11 23,400.00 10 EA Std. manhole or catch basin w/ cstg. @ $1,300/ea. 13,000.00 4 EA Storm sewer apron @ $500%a. 2,000.00 1 EA Connect to ex. pipe @ $300/ea. 300.00 20 CY Rip rap @ $50/c.y. 1,000.00 1 LS Salvage/remove storm pipe @ $1,800 1,800.00 600 CY Topsoil borrow @ $8/c.y. 4,800.00 3 AC Seed w/ mulch & fertilizer @ $2,000/ac. 6,000.00 2,000 SY Sod @ $2/s.y. 4,000.00 500 LF Silt fence @ $2.50/l.f. 1,250.00 1 LS Traffic control @ $5,000 5.000.00 Subtotal $245,500.00 + 5% Contingency 12.300.00 Total Construction Cost $257,800.00 + 35% Indirect Costs 90,200.00 TOTAL STREET/STORM SEWER $348,000.00 APPENDIX B PRELIMINARY ASSESSMENT ROLL OLD SIBLEY HIGHWAY UTILITY AND STREET IMPROVEMENTS Project 692R Amended March 3,1997 A. Sanitary Sewer Parcel Description SW 1/i Section 19 Parcel 017-50 Parcel 010-52 Parcel 020-52 Eagan Heights Townhomes ls` Addition Outlot A Total B. Street/Storm Sewer Parcel Description SW t/a Section 19 Parcel 010-52 Parcel 020-52 Parcel 040-52 Parcel 013-57 Parcel 011-57 Eagan Heights Townhomes 1St Addition Block 1, Lot 15 (incl. bldgs. 4-13) Block 1, Lot 14 (incl. bldgs. 1-3) Outlot A Total Assessable Total Area (Acre) RatelAcre Assessment 0.5 $4,540.00 $2,720.00 1.3 4,540.00 5,902.00 0.8 4,540.00 3,632.00 14.8 4,540.00 67.196.00 17.4 545 $79,000.00 Assessable Front Total Footage (F.F.) Rate/Foot Assessment 380 $100.64 $38,242.00 300 100.64 30,190.00 350 100.64 35,223.00 278 100.64 27,977.00 545 100.64 54,857.00 427 100.64 42,992.00 208 100.64 20,932.00 970 100.64 97,617.00 3,458 $348,000.00 SUMMARY PRELIMINARY ASSESSMENT ROLL OLD SIBLEY HIGHWAY UTILITY AND STREET IMPROVEMENTS Project No. 692R Amended February 20,1997 Parcel Description Sanitarl Sewer Street/Storm Sewer Total SW 1A Section 19 Parcel 017-50 $2,270.00 -- $2,270.00 Parcel 010-52 5,902.00 $38,242.00 44,144.00 Parcel 020-52 3,632.00 30,190.00 33,822.00 Parcel 040-52 -- 35,223.00 35,223.00 Parcel 013-57 -- 27,977.00 27,977.00 Parcel 011-57 -- 54,847.00 54,847.00 Eaean Heizhts Townhomes IS1 Addition Block 1, Lot 15 -- 42,992.00 42,992.00 Block 1, Lot 14 -- 20,932.00 20,932.00 Outlot A 67196,00 97,617.00 164.813.00 Total $79,000.00 $348,000.00 $427,000.00 RFPW L) Ix C city of n THOMAS EGAN December 3, 1996 ,, am tATMCIA AwADA Nur. Al Block SHAWN NLWM Town a Country Homes, Inc. SANDRA A. MASIN THEODORE "M France Avenue So., Suite 170 wAcarTV bm Edina~ MN 55345 THOMAS HEDGES clw Aerw6lr w Re: Fagan Heights Townhomes E. J. VAN OVEbaE Old Sibley Highway Street end Sanitary Improvements • City Project No. 692 cov Circe eirmn This kaw is to ido m you of the swus a[ttte above -ref renced public project and the course of action that must be adoen to pmesed with the project As a condition of the Eagan Heights Townhomes development convict, it was the development's responsibility to obtain the necessary eLsements for the salaitary sewer extension through the adjoining propety north of the site. To date, the casement bas not been acquired and this has contributed to the public improvement project not proceeding in a timely manner. The public hearing far the project was closed sad the project approved by the City Council on October 2, 1995. Minnesota sw=es require that a convict for the improvements be awarded within one year of Council approvaL Therefore, since the one year time period has expired, the feasibility report must be updated and a new public hewing held. The City is planning to update the feasibility report and hold a new public hearing in the near future so that the project can move along towards spring 1997 construction. Also, if the sanitary sewer easement is not received by January 1, 1997 the City will proceed with its acquisition through condemnation proceedings so tbat the project can remain on the desired schedule. As stated above, the City wishes to proceed with construction of this project in the spring it is our wish to keep you inwlved with the process, so please o== this office as soon as possible to discuss this matter. Sincerely, ✓4ohn GGorder, P.E. DevelopmentM"iga Engineer cc: Tom Colbert, Director of Public Works NGke Foestsch, Assistant City Engineer MUNICIPAL CENM THE LONE OAK TREE MAINMANCE FACM Lai? ►nor KNOK ROAD THE SYM&OL OF STRENGTH AND GROWTH IN OUR COMMUNITY 2801 COAcr1MA++ P001iAGAN MNNESOfA Sd122.1647 GAGAK M604MU 46122 /91171&' (612) m61- W PHONE; (612)66t41SW SAM (612)4"1-"12 SCRO OPPOO WOY/AtIll"W11V6 Acftn &r i"w PAX (412)461-40 M&.. (612) 4844s3 TDD: ce1Z 4w4ras �!����- =•/�/ref: 0 a laws sum M IA! 2 e 0 ---------------------------------------------------- D/FFLEY ROAD Co. Rd. 90 SANITARY SEWER IMPROVEMENTS8onestroo _ Aosene EAGAN, MINNESOTA ``x r FIGURE 2 © Anderlik 6 OLD SI6LE Y HIGHWAY REV: FEB. 1997 Assvclates CITY PROJECT No. 692 49570F03.DWG AUGUST 1995 COMM. 49570 Existing " Sonitory wer oto-sz 01 S5 3AC 1 Pp0 P� C 00 S5 7 / e 4 6 5 9 � 1 15 13 70 D2 t o s1 12 11 14 (114 017-50 --'•---- OUTLOT / A I (14.SAC) NN 4: \-LA TFRAL SANITARY SEWER ASSESSMIENT AREA (013-57)I V (� 8AC) Parcel Assessable Area ---------------- - - - - '- — D/FFLEY ROAD Co. Rd. 30 Bonesiroo SANITARY SEWER ASSESSMENTS Rosene Anderlik b EAGAN, MINNESOTA FIGURE 3 Associates OLD SIBLEY HIGHWAY REV. FEB. 1997 CITY PROJECT No. 692 ' 49570F07 -DWG AUGUST 199 OMM. 49570 0 190 300 so" 14 11101, FO L1Ipit_�_1i J' J / J ' / w / J J J / ' 1 ul) IF J o 1---------- 40.9 am ------------------ -CL_Rd_._-JQ------------------------ 1 I i I I J (013-57) J r I I Jr r r ------------------------------�--- WATER MAIN IMPROVEMENTS EAGAN. MINNESOTA OLD SIBLEY HIGHWAY CITY PROJECT No. 692 49570FDQ.DWG AUGUST 1995 FIGURE 4 REV. FEB. 1997 COMM. 49570 J Sonestroo Rosene Anderlik b Associates 0 tllp ]Eq 7rb i1 ftm i PROPOSED LATERAL ; ,- STORM SEWER 'S�/ 15 13 10 iI 1 2 14 1 12 11 I (013-57) I i 1 I I •---------- / 0 i L 8T0 OUTLOT A % 1 •--- ------ ----------------------------- I------------ ter--------------------------- ----------- ----------------------- STORM SEWER IMPROVEMENTS imlSonestroo Lm Lm Rosene EAGAN, MINNESOTAFIGURE 5 Anderlik d OLD SIBLEY HIGHWAY REV: FEB. 1997 AwOClatee CITY PROJECT No. 692 4957OF04.DWG AUGUST 1995 COMM. 49570 0 130 Soo NMIMMMia sew. in 4.f PROVIDE ADDITIONAL R/W DEDICATION REALIGN OLD STATE T.H. 13 w/OLD SIBLEY; Y,I HIGHAY` -� PROPOSED 32' WIDE STRE w/B618 CUR I , • 017-50 PROVID R FDIC ON OSED 3 DE ETRE 'w/01 �j00 0 ° Z. 1.0 010-52J/ lif I r r f f � � 1 1 ! q17 -502I' ' AN BIT. PVM'T. i- ' 7 i' WIDE STREET, w/8618 CURB (013-57) I t I ----------------------------- ------------- s ==MP=gvi"—----------- �=- -------------------- 3Q ------------------------ — — — — — OUTLOT A STREET IMPROVEMENTS EAGAN, MINNESOTA FIGURE 6 OLD SIBLEY HIGHWAY REV; FEB. 1997 CITY PROJECT No. 692 4957OF02.DWC AUGUST 1995 COMM. 49570 Sones troo Rosene Anderlik b Associates aw b %A LL: (013-57) IV go r r r 04I I --------------------------------- ----------D/FFLE A -__"_"'� -------------------------- ----------- Q -Co._ Rd _ j4 -------------------- STREET ASSESSMENTS 6onestroo Rosene EAGAN, MINNESOTA FIGURE 7 r� Anderlik d OLD SIBLEY HIGHWAY REV' FEB. 1997 Associates CITY PROJECT No. 692 49570F05.OWG AUGUST 1995 COMM. 49570 TO: EAGAN HEIGHTS TOWNHOMES PROPERTY OWNERS DATE: MARCH 17, 1997 SUBJECT: OLD SIBLEY HIGHWAY UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO 692 The attached notice is for public improvements in Old Sibley Highway. This project was considered in 1995 and is now proposed to be constructed in 1997. The City of Eagan is required to again notify all property owners in the project area of the of the public hearing to be held on April 1, 1997, at Eagan City Hall. The pending assessments proposed in 1995 were, in all likelihood, escrowed by the developer at the time you purchased and closed on the sale of your property. Please review and confirm the cost responsibilities for these improvements based on agreements established at the time you purchased your property. Agenda Information Memo April 1, 1997 ACTION TO BE CONSIDERED: To close the public hearing and approve/modify/deny Project 713 (Denmark Avenue, Court & Trail; Kolstad Lane, Road; and Timbershore Lane - Street Rehabilitation) and, if approved, authorize the preparation of detailed plans and specifications. FACTS: • In accordance with the City's approved 5 -Year CIP (1997-2001), the structural overlay with miscellaneous improvements has been programmed for 1997. • On December 4, 1996, the City Council authorized the preparation of a feasibility report to identify the scope of the improvements required, estimated costs, method of financing and pending special assessment roll. • An informational neighborhood meeting was held on Thursday, February 27, to present the details of this proposed improvement along with the City's Capital Improvement Program, Pavement Management Program, and Preventative Pavement Maintenance Program. • On March 4, the City Council received the feasibility report for Project 713 and scheduled a public hearing to be held on April 1, 1997. ATTACHMENTS: • Feasibility report, pages ( through �. • Property owners' correspondence, pages through Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions Street Improvement Report Eagan Minnesota City Project No. 713 SEH No. A-EAGAN9705.00 January 31, 1997 Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions Street Improvement Report Eagan Minnesota City Project No. 713 SEH No. A-EAGAN9705.00 January 31, 1997 I hereby certify that this Report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: January 31, 1997 Reg. No.: 12679 A Reviewed By: 2/z5/9-7 SEH Date Reviewed By: Public Works Dept. Date Reviewed By: LA"�'I*3 . (. .4 Fi ce Dept. Date Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive 200 SEH Center St. Paul, Minnesota 55110 (612) 490-2000 =SEN January 31, 1997 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 61249a2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and City Council: RE: Eagan, Minnesota Street Improvement Report Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions City Project No. 713 SEH No. A-EAGAN9705.00 Enclosed is our report for the Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions - Street Improvements, City Project No. 713. The report discusses the proposed street resurfacing improvements and presents cost estimates for these improvements. In addition, estimated assessment rates per parcel have been included. We would be pleased to meet with you at your convenience to discuss this report. Sincerely, Kenneth R. Meister, P.E. wrc SNORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI EQUAL OPPORTUNITY EMPLOYER r-3 LAKE COUNTY, IN Table of Contents Certification Page Letter of Transmittal Table of Contents Page Introduction...................................................... 1 Scope........................................................... 3 Feasibility and Recommendations ................................... 3 Street Evaluation ................................................. 3 Proposed Improvements ........................................... 4 Easement/Permits................................................ 4 CostEstimate .................................................... 5 Street Resurfacing ............... . ................ ...... .... 5 Assessments.......................,............................ 5 Street Resurfacing ..................... . ... ..... .......... 5 Residential Lots ........... _ 5 Assessment Financing Options ..................................... 7 RevenueSource .................................................. 7 Project Schedule ................................................. 8 Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions A-EAGAN9705.00 Eagan, Minnesota Page i List of Appendices Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roil Appendix C Exhibits - 1 Location Map - 2,3 Assessment Area Map -4 Typical Section - Mill and Overlay Denmark Avenue, Timbershore Additions and Pilot Knob Eagan, Minnesota Ihts Additions A-EAGAN9705.00 Page ii January 31, 1997 Street Improvement Report Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions Eagan, 'Minnesota Introduction As a part of Eagan's pavement maintenance program, the City is responsible for evaluating streets within the community throughout their life cycle. In 1989, a Pavement Management Program was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets and schedule timely maintenance. A Five Year Capital Improvement Program for street rehabilitation was developed from this information. Denmark Avenue from Wescott Road to Crestridge Lane and the streets in the Timbershore Additions and Pilot Knob Heights Addition have been identified for street resurfacing improvements in 1997. Exhibit 1 illustrates the project location. Denmark Avenue was constructed in segments (Denmark Court East to Crestridge Lane in 1972 and Wescott Road to Denmark Court East in 1975), to a width of 44 feet (face of curb to face of curb). The Timbershore Additions' streets were constructed in 1974, and the Pilot Knob Heights Additions'. streets were constructed between 1975 and 1976, all to a width of 32 feet (gutter to gutter). Denmark Avenue is functionally classified as a community collector and has been designated as Municipal State -Aid (MSA) street No. 105. Based on the data and engineering strategies available at this time, the City's current pavement management program incorporates local and ongoing maintenance with seal coating occurring at 5 to 7 years, at 12 to 14 years, and a bituminous overlay at approximately 20 years. Resurfacing the streets iii these developments, which are presently at that 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. A-EAGAN9705.00 Page 1 Each of the streets in this project area have been rated several time since 1988 and the field data gathered indicates what maintenance strategies are appropriate. Timely maintenance work, such as bituminous milling and patching, crack sealing and seal coating have occurred at appropriate intervals during the life of these pavements. This maintenance work has extended the life cycle of the pavement and allowed these streets to remain in the resurfacing category and not the reconstruction category. The City of Eagan's maintenance records indicate that these streets were last seal coated in 1987 with this being either the second, or in some cases the third, seal coat. The Public Works' maintenance program typically includes extensive patching and crack sealing during the summer prior to the seal coat. In addition, Denmark Avenue was crack sealed again in 1993. During the 1996 construction season, the Public Works crews removed and replaced approximately 11,000 sq. ft. of severely disturbed pavements and placed leveling and maintenance overlays over approximately 32,000 sq. ft. This resulted in using approximately 450 tons of bituminous mixture. Denmark Avenue, Timbershore Additions and Pilot Knob ights Additions A-EAGAN9705.00 Eagan, Minnesota Page 2 Scope This project provides for resurfacing (mill and overlay) 0.45 miles of Denmark Avenue from Wescott Road to Crestridge Lane and 0.77 miles of streets in the Timbershore Additions and Pilot Knob Heights Additions. Exhibits 1, 2, and 3 illustrate the project area. Also included is the replacement of damaged curb and gutter, valley gutters, and subgrade correction in isolated areas. An additional sanitary sewer and water service is proposed at 1320 Kolstad Lane. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement surface, create a safer driving surface, increase rideability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than totally reconstructing these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of streets. This project is in accordance with the Five Year Capital Improvement Plan (1997 - 2001) for the City of Eagan as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report and combined with the Wescott Road Resurfacing Project, City Project No. 704 as one contract. Street Evaluation The City of Eagan Pavement Management Program allows the City to evaluate the condition of the existing street surface to schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories which define PCI rankings are as follows: PSI Recommended Tmprovement 56-100 Routine Maintenance/Crack Seal/Seal Coat 36-55 Patch/Repair and/or Overlay 0-35 Reconstruct The 1996 PCI ranking for the streets discussed in this report have an average pavement condition rating of 50 and fall within the rankings of the "Patch / Repair and/or Overlay" category (resurfacing). Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions A-EAGAN9705.00 Eagan, Minnesota Page 3 Proposed Improvements The proposed street improvements for Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions are shown on Exhibit 4. The existing bituminous surface will be milled adjacent to the existing curb and gutter to accommodate a 2 -inch bituminous overlay on Denmark Avenue and a 1 %i -inch bituminous overlay on the remaining streets. Patching and leveling as needed will be done prior to the overlay. Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 10 percent of the existing concrete curb and gutter will have to be replaced. Concrete valley gutters will be installed on Denmark Avenue at the Denmark Court (west) and Timbershore Lane (south) intersections. Subgrade convection will be required in isolated areas that show extensive distress. This work involves removal of the bituminous surface, aggregate base and subcutting the street as necessary. The subcut would be backfilled with granular material and draintile installed where needed. The street would be patched with aggregate base and bituminous to the existing thicknesses. A sanitary sewer service and water service are proposed to be installed for the large lot at 1320 Kolstad Lane for a future lot split. In addition, a buried water valve will be located and adjusted to final grade on Denmark Avenue south of Timbershore Lane (north). The City's policy is to replace all 24 inch diameter manhole castings with 27 inch diameter castings on collector streets. The 24 inch diameter castings and covers have had problems cracking and being dislodged when used on collector streets. The 27 inch diameter castings and covers are heavier and are designed for higher traffic volumes. Therefore, sanitary sewer manhole castings on Denmark Avenue will be replaced with 27 -inch diameter castings. The combination of crack sealing, patching, and overlay will not totally eliminate cracking because of the temperature extremes experienced in Minnesota. Routine maintenance will still need to continue. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions A-EAGAN9705.00 Eagan, Minnesota Page 4 Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 1997 construction costs and include a 10 percent contingency and indirect costs of 35 percent which include legal, administration, engineering, and bond interest. A summary of the costs are as follows: Street Resurfacing • Mill and Overlay ............................ $180,710 • Repair Existing Concrete Curb and Gutter .......... 47,220 • Subgrade Correction ........................... 38,760 • Utility Repairs ................................. 5,690 • Sanitary Sewer Service and Water Service .......... 5,200 Total ............. $277,580 Assessments Assessments are proposed to be levied against the benefitted property in accordance with the City of Eagan Assessment Policy. A preliminary assessment roll is included in Appendix B. Street Resurfacing Residential Lots All residential properties as shown on Exhibits 2 and 3, having driveway access on the streets to be improved, are proposed to be assessed. The City's assessment policy states that 50 percent of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet). In addition, the City's policy has been that each unit in a four-plex will be assessed at 75 percent of the rate for a single family residential lot. Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions A-EAGAN9705.00 Eagan, Minnesota i Page 5 Residential Assessed Ratio City Mill and Overlay 50% 50% Repair Existing Concrete 0% 100% Curb and Gutter Subgrade Correction 0% 100% Residential Lots All residential properties as shown on Exhibits 2 and 3, having driveway access on the streets to be improved, are proposed to be assessed. The City's assessment policy states that 50 percent of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet). In addition, the City's policy has been that each unit in a four-plex will be assessed at 75 percent of the rate for a single family residential lot. Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions A-EAGAN9705.00 Eagan, Minnesota i Page 5 The following quantities were calculated based on all the streets proposed for improvement with Denmark Avenue having a normal residential street width of 32 feet (gutter to gutter) and a P/2 -inch bituminous overlay: Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $3,600 $3,600 Adjust MH Casting Each 28 220 6,160' Adjust Gate Valve Box Each 21 150 3,150 Mill Bit. Surface S.Y. 91000 1.50 13,500 Bit. Material for Tack Coat Gal. 1,150 1.50 1,725 Type 31 Leveling Mixture Ton 250 30 7,500 Type 41 Wearing Course Mixture Ton 2,230 27 60,210 Traffic Control L. S. 1 3,000 3,000 Subtotal $98,845 + 10% Contingencies 9,885 Subtotal $108,730 + 35% Indirect Costs 38,036 ' 'otal:1.3146,7 Assessing 50 percent of $146,766 = $73,383. The cost per residential lot based on 183 lot equivalent is ($73,383 _ 183) = $401. The cost for each unit in a four-plex is 75 percent ($401) = $300.75. Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions A-EAGAN9705..00 Eagan, Minnesota / Page 6 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest rate determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an 8.5 percent interest rate for the assessed amounts: Residential Lot = $401 Principal Interest Cost Per Year Per Year Per Year First Year $80 $34 $114 Fifth Year $80 $7 $87 Unit in a Four-Plex = $300.75 Principal Interest Cost Per Year Per Year Per Year First Year $60 $26 $86 Fifth Year $60 $5 $65 Revenue Source A summary of revenue sources is listed below: Mill and Overlay Repair Existing Concrete Curb and Gutter Subgrade Correction Utility Repairs Sanitary Sewer Service and Water Service Total Project Property City Cost Assessment Contribution $180,710 $73,383 ($107,327) 47,220 0 (47,220) 38,760 0 (38,760) 5,690 0 (5,690) 5,200 5,200 0 $277,580 $78,583 ($198,997) The estimated project deficit of $198,997 will be financed by the City's Major Street Fund. Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions A-EAGAN9705.00 Eagan, Minnesota Page 7 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................... March 4, 1997 Public Hearing ................................. April 1, 1997 Approve Plans and Specifications ................. May 20, 1997 Award Contract ............................... June 17, 1997 Project Completion ........................ September 1, 1997 Final Cost Report ......................... September 15, 1997 Final Assessment Hearing .................... November 3, 1997 First Payment Due with Property Tax Statement ........ May 1998 Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions A-EAGAN9705.00 Eagan, Minnesota Page 8 Appendix A Preliminary Cost Estimate Preliminary Cost Estimate Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions Street Improvement City Project No. 713 Street Resurfacing I. Mill and Overlay Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $4,000.00 $4,000 Adjust Manhole Casting Each 28 $220.00 $6,160 Adjust Gate Valve Box Each 21 $150.00 $3,150 Mill Bituminous Surface S.Y. 10,000 $1.50 $15,000 Bituminous Material for Tack Coat Gal. 1,300 $1.50 $1,950 Type 31 Leveling Mixture Ton 290 $30.00 $8,700 Type 41 Wear Course Mixture Ton 2,810 $27.00 $75,870 Traffic Control L.S. 1 $3,500.00 $3,500 4" Double Solid Line Yellow L.F. 2,400 $0.60 $1,440 4" Solid Line White L.F. 4,800 $0.40 $1,920 Subtotal $121,690 + 10% Contingencies 12,170 Subtotal $133,860 + 35% Indirect Costs 46,850 .....:. ..... 11. Repair Existing Concrete Curb Item Unit Est. Qty. Unit Est. Price Cost Remove Concrete Curb and Gutter L.F. 1,350 $5.00 $6,750 D412 Concrete Curb and Gutter L.F. 850 $11.00 $9,350 B618 Concrete Curb and Gutter L.F. 500 $12.00 $6,000 Concrete Valley Gutter S.Y. 80 $60.00 $4,800 Bituminous Patch Mix Ton 50 $65.00 $3,250 Sod S.Y. 330 $5.00 $1,650 Subtotal $31,800 + 10% Contingencies 3,180 Subtotal $34,980 + 35% Indirect Costs 12,240 ...... ... ........... ........ ... .......... .. . III. Subgrade Correction (As Necessary) Item Unit Est. Oty. Unit Price Est. Cost Remove Bituminous Pavement S.Y. 1,000 $3.00 $3,000 Sawing Bituminous Pavement L.F. 950 $2.00 $1,900 Subgrade Excavation C.Y. 500 $6.00 $3,000 Select Granular Borrow C.Y. 400 $9.00 $3,600 Aggregate Base, Class 5 Ton 400 $12.00 $4,800 4" P.E. Perforated Draintile L.F. 1 600 $5.00 $3,000 Bituminous Patching Mix Ton 170 $40.00 $6,800 Bituminous Patch Mix Ton 20 Subtotal $26,100 Sod S.Y. + 10% Contingencies 2,610 FSubtotal $28,710 $3,500 + 35% Indirect Costs 10,050 .. ... Subtotal IV. Utility Repairs Item Unit Est. Unit Qty. Price Est. Cost Replace Manhole Castings -Each 11 $250.00 $2,750 Locate Buried Valve/Inc. Valve Box Each 1 $500.00 - $500 Bituminous Patching Mix Ton 10 $40.00 $400 Aggregate Base, Class 5 Ton 15 $12.00 $180 1 -inch Curb Stop and Box Each Subtotal $3,830 $100 1 -inch Copper Service + 10% Contingencies 385 $15.00 $525 Subtotal $4,215 30 $11.00 + 35% Indirect Costs 1,475 _...... - _...,... .. _.... .__... TaTAL 7.7 V. Sanitary Sewer Service and Water Service Item Unit Est. C Unit Price Est. Cost Cut -in Wye Each 1 $300.00 $300 4 -inch PVC Sanitary Sewer L.F. 45 $15.00 $675 1 -inch Corporation Each 1 $100.00 $100 1 -inch Curb Stop and Box Each 1 $100.00 $100 1 -inch Copper Service L.F. 35 $15.00 $525 D412 Concrete Curb and Gutter L.F. 30 $11.00 $330 Aggregate Base, Class 5 Ton 35 $12.00 $420 Bituminous Patch Mix Ton 20 $40.00 $800 Sod S.Y. 50 $5.00 $250 Subtotal $3,500 + 10% Contingencies 350 Subtotal $3,850 0 + 35% Indirect Costs 1,350 .. ...... . TOTAL ' $5,200 Appendix B Preliminary Assessment Roll Preliminary Assessment Roll Denmark Avenue, Timbershore Additions and Pilot Knob Heights Additions Street Improvement City Project No. 713 Address P.I.N. No. Lot Unit Assessment Equivalents Total 'Pi at Kno 'Ohts 4th Addition 3702 Denmark Avenue 10-57503-010-01 1 $401 $401 3770 Denmark Trail 10-57503-010-02 1 $401 $401 3766 Denmark Trail 10-57503-020-02 1 $401 $401 3762 Denmark Trail 10-57503-030-02 1 $401 $401 3760 Denmark Trail 10-57503-040-02 1 $401 $401 3758 Denmark Trail 10-57503-050-02 1 $401 $401 3756 Denmark Trail 10-57503-060-02 1 $401 $401 3752 Denmark Trail 10-57503-070-02 1 $401 $401 3748 Denmark Avenue 10-57503-080-02 1 $401 $401 3744 Denmark Avenue 10-57503-090-02 1 $401 $401 3740 Denmark Avenue 10-57503-100-02 1 $401 $401 3732 Denmark Court 10-57503-111-02 1 $401 $401 3728 Denmark Court 10-57503-120-02 1 $401 $401 3724 Denmark Court 10-57503-130-02 1 $401 $401 3720 Denmark Court 10-57503-141-02 1 $401 $401 3718 Denmark Court 10-57503-150-02 1 $401 $401 3716 Denmark Court 10-57503-160-02 1 $401 $401 3712 Denmark Court 10-57503-170-02 1 $401 $401 3708 Denmark Court 10-57503-180-02 1 $401 $401 3704 Denmark Court 10-57503-190-02 1 $401 $401 3705 Denmark Avenue 10-57503-010-03 1 $401 $401 3711 Denmark Court 10-57503-020-03 1 $401 $401 3715 Denmark Court 10-57503-030-03 1 $401 $401 3719 Denmark Court 10-57503-040-03 1 $401 $401 3723 Denmark Court 10-57503-050-03 1 $401 $401 3725 Denmark Court 10-57503-060-03 1 $401 $401 3727 Denmark Court 10-57503-070-03 1 $401 $401 3729 Denmark Court 10-57503-080-03 1 $401 $401 3733 Denmark Court 10-57503-090-03 1 $401 $401 3737 Denmark Court 10-57503-100-03 1 $401 $401 3741 Denmark Court 10-57503-110-03 1 $401 $401 3745 Denmark Trail 10-57503-120-03 1 $401 $401 3747 Denmark Trail 10-57503-130-03 1 $401 $401 3749 Denmark Trail 10-57503-140-03 1 $401 $401 3751 Denmark Trail 10-57503-150-03 111 $401 $401 3753 Denmark Trail 10-57503-160-03 1 $401 $401 m Address P.I.N. No. Lot Equivalents Unit Assessment Total 3755 Denmark Trail 10-57503-170-03 1 $401 $401 3757 Denmark Trail 10-57503-180-03 1 $401 $401 3759 Denmark Trail 10-57503-190-03 1 $401 $401 3761 Denmark Trail 10-57503-200-03 1 $401 $401 3763 Denmark Trail 10-57503-210-03 1 $401 $401 3765 Denmark Trail 10-57503-220-03 1 $401 $401 3767 Denmark Trail 10-57503-230-03 1 $401 $401 3769 Denmark Trail 10-57503-240-03 1 $401 $401 3771 Denmark Trail 10-57503-250-03 1 $401 $401 �46fiKH##�ts 5#� �kifcliiiti�n . --: 3784 Denmark Avenue 10-57504-010-01 1 $401 $401 3794 Denmark Avenue 10-57504020-01 1 $401 $401 3779 Denmark Avenue 10-57504010-02 1 $401 $401 3787 Denmark Avenue 10-57504-020-02 1 $401 $401 3795 Denmark Avenue 10-57504-030-02 1 $401 $401 .............. 3661 Kolstad Road 10-57675-010-01 1 $401 $401 3655 Kolstad Road 10-57675-020-01 1 $401 $401 3649 Kolstad Road 10-57675-030-01 1 $401 $401 3643 Kolstad Road 10-57675-040-01 1 $401 $401 3637 Kolstad Road 10-57675-050-01 1 $401 $401 3631 Kolstad Road 10-57676-010-01 1 $401 $401 1320 Kolstad Lane 10-01500-081-51 2 $401 $802 '�'�1?t3i'�t3ttO 9 s31��iititm 3637 Denmark Avenue 10-76500-010-02 .75 $401 $300.75 3635 Denmark Avenue 10-76500-020-02 .75 $401 $300.75 3647 Denmark Avenue 10-76500-010-03 .75 $401 $300.75 3645 Denmark Avenue 10-76500-020-03 .75 $401 7 $300.75 3643 Denmark Avenue 10-76500-030-03 .75 $401 $300.75 3649 Denmark Avenue 10-76500-040-03 .75 $401 $300.75 3655 Denmark Avenue 10-76500-010-04 .75 $401 $300.75 3653 Denmark Avenue 10-76500-020-04 .75 $401 $300.75 3651 Denmark Avenue 10-76500-030-04 .75 $401 $300.75 3657 Denmark Avenue 10-76500-040-04 .75 $401 $300.75 3663 Denmark Avenue 10-76500-010-05 .75 $401 $300.75 3661 Denmark Avenue 10-76500-020-05 .75 $401 $300.75 3659 Denmark Avenue 10-76500-030-05 .75 $401 $300.75 3665 Denmark Avenue 10-76500-040-05 .75 $401 $300.75 1295 Kolstad Lane 10-76500-010-06 .75 $401 $300.75 3669 Denmark Avenue 10-76500-020-06 .75 $401 $300.75 3667 Denmark Avenue 10-76500-030-06 .75 $401 $300.75 Address P.I.N. 1297 Kolstad Lane 10-76500-040-06 No. Lot Equivalents .75 Unit Assessment $401 Total $300.75 1305 Kolstad Lane 10-76500-010-07 .75 $401 $300.75 3666 Kolstad Road 10-76500-020-07 .75 $401 $300.75 3668 Kolstad Road 10-76500-030-07 .75 $401 $300.75 1307 Kolstad Lane 10-76500-040-07 .75 $401 $300.75 3664 Kolstad Road 10-76500-010-08 3658 Kolstad Road 10-76500-020-08 .75 .75 $401 $401 $300.75 $300.75 3660 Kolstad Road 10-76500-030-08 .75 $401 $300.75 3662 Kolstad Road 10-76500-040-08 3656 Kolstad Road 10-76500-010-09 .75 .75 $401 1 $401 $300.75 $300.75 3650 Kolstad Road 10-76500-020-09 .75 $401 $300.75 3652 Kolstad Road 10-76500-030-09 .75 $401 $300.75 3654 Kolstad Road 10-76500-040-09 .75 $401 $300.75 3648 Kolstad Road 10-76500-010-10 .75 $401 $300.75 3642 Kolstad Road 10-76500-020-10 .75 $401 $300.75 3644 Kolstad Road 10-76500-030-10 .75 $401 $300.75 3646 Kolstad Road 10-76500-040-10 .75 $401 $300.75 i .raa:�wxrnr[csc�xL�alii�r! } 1304 Kolstad Lane 10-76501-010-01 .75 . $401 $300.75 1306 Kolstad Lane 10-76501-020-01 .75 $401 $300.75 1308 Kofstad Lane 10-76501-030-01 .75 $401 $300.75 1310 Kolstad Lane 10-76501-040-01 .75 $401 $300.75 1296 Kolstad Lane 1298 Kolstad Lane 10-76501-010-02 10-76501-020-02 .75 .75 $401 $401 $300.75 $300.75 1300 Kolstad Lane 1302 Kolstad Lane 10-76501-030-02 10-76501-040-02 .75 .75 $401 $401 $300.75 $300.75 3687 Denmark Avenue 10-76501-010-03 .75 $401 $300.75 1292 Kolstad Lane 10-76501-020-03 .75 $401 $300.75 1294 Kolstad Lane 10-76501-030-03 .75 $401 $300.75 3689 Denmark Avenue 10-76501-040-03 .75 $401 $300.75 3695 Denmark Avenue 10-76501-010-04 .75 $401 $300.75 3693 Denmark Avenue 10-76501-020-04 .75 $401 $300.75 3691 Denmark Avenue 10-76501-030-04 .75 $401 $300.75 3697 Denmark Avenue 10-76501-040-04 .75 $401 $300.75 3634 Denmark Avenue 10-76502-010-01 .75 $401 ,. .... $300.75 3636 Denmark Avenue 10-76502-020-01 .75 $401 $300.75 1281 Timbershore Lane 10-76502-030-01 .75 $401 $300.75 1279 Timbershore Lane 1 10-76502-040-01 .75 $401 $300.75 1277 Timbershore Lane 1275 Timbershore Lane 10-76502-010-02 10-76502-020-02 .75 .75 $401 $401 $300.75 $300.75 Address P.I.N. No. Lot Unit Assessment Total Equivalents 1273 Timbershore Lane 10-76502-030-02 .75 $401 $300.75 1271 Timbershore Lane 10-76502-040-02 .75 $401 $300.75 1269 Timbershore Lane 10-76502-010-03 .75 $401 $300.75 1267 Timbershore Lane 10-76502-020-03 .75 $401 $300.75 1265 Timbershore Lane 10-76502-030-03 .75 $401 $300.75 1263 Timbershore Lane 10-76502-040-03 .75 $401 $300.75 1261 Timbershore Lane 10-76502-010-04 .75 $401 $300.75 1259 Timbershore Lane 10-76502-020-04 .75 $401 $300.75 1257 Timbershore Lane 10-76502-030-04 .75 $401 $300.75 1255 Timbershore Lane 10-76502-040-04 .75 $401 $300.75 1253 Timbershore Lane 10-76502-010-05 11.75 $401 $300.75 1251 Timbershore Lane 10-76502-020-05 1 .75 $401 $300.75 1249 Timbershore Lane 10-76502-030-05 .75 $401 $300.75 1247 Timbershore Lane 10-76502-040-05 .75 $401 $300.75 1243 Timbershore Lane 10-76502-010-06 .75 $401 $300.75 1241 Timbershore Lane 10-76502-020-06 .75 $401 $300.75 1239 Timbershore Lane 10-76502-030-06 .75 $401 $300.75 1245 Timbershore Lane 10-76502-040-06 .75 $401 $300.75 1260 Timbershore Lane 10-76502-010-07 .75 $401 $300.75 1262 Timbershore Lane 10-76502-020-07 .75 $401 $300.75 1238 Timbershore Lane 10-76502-030-07 .75 $401 $300.75 1240 Timbershore Lane 10-76502-040-07 .75 $401 $300.75 1268 Timbershore Lane 10-76502-010-08 .75 $401 $300.75 1270 Timbershore Lane 10-76502-020-08 .75 $401 $300.75 1264 Timbershore Lane 10-76502-030-08 .75 $401 $300.75 1266 Timbershore Lane 10-76502-040-08 .75 $401 $300.75 1276 Timbershore Lane 10-76502- 010-09 .75 $401 $300.75 1278 Timbershore Lane 10-76502-020-09 .75 $401 $300.75 1272 Timbershore Lane 10-76502-030-09 .75 $401 $300.75 1274 Timbershore Lane 10-76502-040-09 .75 $401 $300.75 3650 Denmark Avenue 10-76502-010-10 .75 $401 $300.75 3652 Denmark Avenue 10-76502-020-10 .75 $401 $300.75 1280 Timbershore Lane 10-76502-030-10 .75 $401 $300.75 1282 Timbershore Lane 10-76502-040-10 .75 $401 $300.75 3660 Denmark Avenue 10-76502-010-11 .75 $401 $300.75 3662 Denmark Avenue 10-76502-020-11 .75 $401 $300.75 3664 Denmark Avenue 10-76502-030-11 .75 $401 $300.75 3658 Denmark Avenue 10-76502-040-11 .75 $401 $300.75 3668 Denmark Avenue 10-76502-010-12 .75 $401 $300.75 3670 Denmark Avenue 10-76502-020-12 .75 $401 $300.75 3672 Denmark Avenue 1 10-76502-030-12 1 .75 $401 $300.75 4 �/ Address P.I.N. No. Lot Equivalents Unit Assessment Total 3666 Denmark Avenue 10-76502-040-12 .75 $401 $300.75 3634 Kolstad Road 10-76502-010-13 .75 $401 $300.75 3636 Kolstad Road 10-76502-040-13 .75 $401 $300.75 Rter�rttore ft..;;AddWort ..... 3694 Denmark Avenue 10-76503-010-01 .75 $401 $300.75 3696 Denmark Avenue 10-76503-020-01 .75 $401 $300.75 1165 Timbershore Lane 10-76503-030-01 .75 $401 $300.75 1163 Timbershore Lane 10-76503-040-01 1 .75 $401 $300.75 1169 Timbershore Lane 10-76503-010-02 1 .75 $401 $300.75 1167 Timbershore Lane 10-76503-020-02 .75 $401 $300.75 1173 Timbershore Lane 1171 Timbershore Lane 1177 Timbershore Lane 10-76503-030-02 10-76503-040-02 10-76503-010-03 .75 .75 .75 $401 $401 $401 $300.75 $300.75 $300.75 1175 Timbershore Lane 10-76503-020-03 .75 $401 $300.75 1181 Timbershore Lane 10-76503-030-03 .75 $401 $300.75 1179 Timbershore Lane 10-76503-040-03 .75 $401 $300.75 1185 Timbershore Lane 10-76503-010-04 .75 $401 $300.75 1183 Timbershore Lane 10-76503-020-04 .75 $401 $300.75 1189 Timbershore Lane 10-76503-030-04 .75 $401 $300.75 1187 Timbershore Lane 10-76503-040-04 .75 $401 $300.75 1193 Timbershore Lane 10-76503-010-05 .75 $401 $300.75 1191 Timbershore Lane 10-76503-020-05 .75 1$401 $300.75 1197 Timbershore Lane 10-76503-030-05 .75 $401 $300.75 1195 Timbershore Lane 10-76503-040-05 .75 $401 $300.75 1203 Timbershore Lane 10-76503-010-06 .75 $401 $300.75 1201 Timbershore Lane 10-76503-020-06 .75 $401 $300.75 1199 Timbershore Lane 10-76503-030-06 .75 $401 $300.75 1205 Timbershore Lane 10-76503-040-06 .75 $401 $300.75 1211 Timbershore Lane 10-76503-010-07 .75 $401 $300.75 1209 Timbershore Lane 10-76503-020-07 .75 $401 $300.75 1207 Timbershore Lane 10-76503-030-07 .75 $401 $300.75 1213 Timbershore Lane 10-76503-040-07 .75 $401 $300.75 1219 Timbershore Lane 10-76503-010-08 .75 $401 $300.75 1217 Timbershore Lane 10-76503-020-08 .75 $401 $300.75 1215 Timbershore Lane 10-76503-030-08 .75 $401 $300.75 1221 Timbershore Lane 10-76503-040-08 .75 $401 $300.75 1227 Timbershore Lane 10-76503-010-09 .75 $401 $300.75 1225 Timbershore Lane 10-76503-020-09 .75 $401 $300.75 1223 Timbershore Lane 10-76503-030-09 .75 $401 $300.75 1229 Timbershore Lane 1235 Timbershore Lane 10-76503-040-09 10-76503-010-10 .75 .75 1 $401 $401 $300.75 $300.75 Address P.I.N. No. Lot Equivalents Unit Assessment Total 1233 Timbershore Lane 10-76503-020-10 .75 $401 $300.75 1231 Timbershore Lane 10-76503-030-10 .75 $401 $300.75 1237 Timbershore Lane 10-76503-040-10 .75 $401 $300.75 1228 Timbershore Lane 10-76503-010-11 .75 $401 $300.75 1222 Timbershore Lane 10-76503-020-11 .75 $401 $300.75 1224 Timbershore Lane 10-76503-030-11 .75 $401 $300.75 1226 Timbershore Lane 10-76503-040-11 .75 $40.1 $300.75 1220 Timbershore Lane 10-76503-010-12 .75 $401 $300.75 1214 Timbershore Lane 10-76503-020-12 .75 -$401 $300.75 1216 Timbershore Lane 10-76503-030-12 .75 $401 $300.75 1218 Timbershore Lane 10-76503-040-12 .75 $401 $300.75 1182 Timbershore Lane 10-76503-010-13 .75 $401 $300.75 1184 Timbershore Lane 10-76503-020-13 .75 $401 $300.75 1204 Timbershore Lane 10-76503-030-13 .75 $401 $300.75 1206 Timbershore Lane 10-76503-040-13 .75 $401 $300.75 1174 Timbershore Lane 10-76503-010-14 .75 $401 $300.75 1176 Timbershore Lane 10-76503-020-14 .75 $401 $300.75 1178 Timbershore Lane 1180 Timbershore Lane 10-76503-030-14 10-76503-040-14 .75 .75 $401 $401 $300.75 $300.75 1166 Timbershore Lane 10-76503-010-15 .75 $401 $300.75 1168 Timbershore Lane 10-76503-020-15 .75 $401 $300.75 1170 Timbershore Lane 1D-76503-030-15 .75 $401 $300.75 1172 Timbershore Lane 3678 Denmark Avenue 3680 Denmark Avenue 10-76503-040-15 10-76503-010-16 10-76503-020-16 .75 .75 .75 $401 $401 $401 $300.75 $300.75 $300.75 1162 Timbershore Lane 10-76503-030-16 .75 $401 $300.75 1164 Timbershore Lane City Property 10-76503-040-16 10-57503-020-00 .75 2 $401 $401 $300.75 $802 :.., :. f, 1320 Kolstad Lane 10-015001-51 1 $5,200 $5,200 71 Appendix C Exhibits UK. O� 31 MARICE z a U NORWEST CT. N a 0 SFR 51 st p ST. WAs�` 1DR. `O 39. 0 iL J Q EAGAN T2, 10 15 R2; 28 I <> z �— CENTER DR. a- {`0F 43 w �o , y� O z �Z CENTER DRLi . Go a } - O'Leary Y wa zr Lake Lio ;IR.0 0 _ajr 00 DUCKWODO z DUCKWOOD Li LA. w a � 0 1R- w 36 D+ f a 37. DUCKWOOD m DR. Y 00 ST. I FRANC o CRESTRIDGr _ Og�'UEF-- y� �' Lnz RON CZ . � �' � �� w � J =j No Y NEBCi � v' ' JA` a w Li L< KOL STAD = �cF,E P�� 3 ALCON ENGLERT RD. F ISR a 0 LA' TIMBEQ� 3 0 0�� 0 m Y m ARK I 9� Y DENM i BRAUHurlN IJ a e�� cT Y t. 35E 31 o Q ���P� oEN MARK Lake 0 Z O �X � 3 '(R WESCOTT m 35E WESCOTT RD .§! WESTBURYPATH C," No DEERCU L _� WINDCRESTAVE. BOJ Off. a PROJECT N LOCATION FILE NO. DENMARK AVE, TIMBERSHORE ADDITION AV EAGAN9705.00OT KNOB HEIGHTS ADDTION EXHIBIT i► DATE: PROJECT NO. 713 No. I 1/31/97 AGAN, MINNESOTA „. •g' 3691 .3693” iD-57503-020-00 �- CITY OF EAGAN i 370= -MATCH ; LINE _ 775 \�LrJ 3761 ,. ASSESSMENT AREA �1 379grJ MILL AND OVERLAY N 200 0 100 FILE No. DENMARK AVE, TIMBERSHORE ADDITION •' EACAN97o5.ao AND --PILOT KNOB HEIGHTS ADDTION EXHIBIT,►, DATE: PROJECT NO. 713 No. 2 1/31 /9 1 /. �AGAN, MINNESOTA I I v n - 370= -MATCH ; LINE _ 775 \�LrJ 3761 ,. ASSESSMENT AREA �1 379grJ MILL AND OVERLAY N 200 0 100 FILE No. DENMARK AVE, TIMBERSHORE ADDITION •' EACAN97o5.ao AND --PILOT KNOB HEIGHTS ADDTION EXHIBIT,►, DATE: PROJECT NO. 713 No. 2 1/31 /9 1 /. �AGAN, MINNESOTA I I CRESTRIDGE LANE 7T- 3537 Lr ... .......... ................. ........... At, s 3543 .3644 36a2 43-,3645 1241 3649 .......... - Al 1237 3651,365.3 .-AIL 12P 1233 1231 3655 3660,3658 11228.',;1226 ::Z F'227--1229 3660 _.3658 ------------ 59 - ��6613 4 t3652 36541 2 22 12L5 F2�231� 3662 3655 3663 Mr�f) 366 W: --wj- % W- F12 17 71 271 E366i73k7k,, ,,a:: 12141 '1216 1217 1215 13676'3672 10-01500-081-51 ...... ......... ......1211 ....... 11209 1207 ... ....... 1217 ..... ..... ............................. 21, 11. ... .. ............ ......... .............................. 3697. 3693 .......... 3697 LIP - 10 -57503-020-00 CITY of EAGAN 3702 ASSESSMENT AREA DUCKWOOD DRIVE .. .. ...... .... .. 0 O - MATCH LINE 200 0 100 MILL AND OVERLAY Origw-"FILE NO. DENMARK AVE, TIMBERSHORE ADDITION EAEXHIBIT GAN9705.00 AND-�LOT KNOB HEIGHTS ADIDTION ATE: PROJECT NO. 713 NO. 3 As Aw"p !D1/31/97/1 nj �AGAN, MINNESOTA ... ......... vri CITY GF EAGAN CRESTRIDGE LANE 7T- 3537 Lr ... .......... ................. ........... At, s 3543 .3644 36a2 43-,3645 1241 3649 .......... - Al 1237 3651,365.3 .-AIL 12P 1233 1231 3655 3660,3658 11228.',;1226 ::Z F'227--1229 3660 _.3658 ------------ 59 - ��6613 4 t3652 36541 2 22 12L5 F2�231� 3662 3655 3663 Mr�f) 366 W: --wj- % W- F12 17 71 271 E366i73k7k,, ,,a:: 12141 '1216 1217 1215 13676'3672 10-01500-081-51 ...... ......... ......1211 ....... 11209 1207 ... ....... 1217 ..... ..... ............................. 21, 11. ... .. ............ ......... .............................. 3697. 3693 .......... 3697 LIP - 10 -57503-020-00 CITY of EAGAN 3702 ASSESSMENT AREA DUCKWOOD DRIVE .. .. ...... .... .. 0 O - MATCH LINE 200 0 100 MILL AND OVERLAY Origw-"FILE NO. DENMARK AVE, TIMBERSHORE ADDITION EAEXHIBIT GAN9705.00 AND-�LOT KNOB HEIGHTS ADIDTION ATE: PROJECT NO. 713 NO. 3 As Aw"p !D1/31/97/1 nj �AGAN, MINNESOTA I 8'MILLED AREA 7 VARIABLE MILL DEPTH - FROM 1-1/2" TO 0" CTQPCTC DENMARK AVENUE MILL AND OVERLAY TYPICAL SECTION 80' ROW 44' TYPICAL q 8'MILLED AREA T VARIABLE MILL DEPTH FROM 1-1_/2" TO 0" 4" P.E. DRAIN TILE AS NECESSARY EXIST. 8618 CONC. C & G L 2" TYPE 41 BITUMINOUS WEAR COURSE - BITUMINOUS TACK COAT - TYPE 31 BITUMINOUS LEVELING COURSE, AS NEEDED - EXISTING STREET SECTION 1-1/2" BITUMINOUS WEAR COURSE t 1-1/2" BITUMINOUS BINDER COURSE 6" AGGREGATE BASE CL. 6 9" AGGREGATE BASE CL. 3 60' ROW 32' TYPICAL F -F 6'MILLED 6'MILLff AREA AREA MIN. 0.02 Ft./Ft. \--o/ j VARIABLE MILL DEPTH VARIABLE MILL DEPTFROM 1" TO 0" FROM 1" TO 0" 4" P.E. DRAIN TILE AS NECESSARY EXIST. 6412 CONC. C & G--� STREETS 1-1/2" TYPE 41 BITUMINOUS WEAR COURSE DENMARK TRAIL E. & W. BITUMINOUS TACK COAT DENMARK COURT 8� W. TIMBERSHORE LANEE TYPE 31 BITUMINOUS LEVELING COURSE, AS NEEDED i KOLSTAD ROAD EXISTING STREET SECTION KOLSTAD LANE 2" BITUMINOUS WEAR COURSE NOTE: 6"-8" AGGREGATE BASE CL. 6 * REPLACE CONCRETE CURB AS NECESSARY. FILE NO. DENMARK AVE, TIMBERSHORE ADDITION A EAGAN9�05.00 OT KNOB HEIGHTS ADDTIONAMF'EXHIBIT DATE: PROJECT NO. 713 NO. 4 /31/97 dAGAN. MINNESOTA MAR M` March 1, 1997 Thomas A. Colbert, P.E. Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Prolecti:# 7 Street Surface Overlay Dear Mr. Colbert: Your department is proposing maintenance to Denmark Trial that would result in an assessment to my property. You held an informational hearing on February 27 that I was unable to attend. I teach a night class on Thursdays this quarter. Your letter of February 20 indicated that I would have little opportunity to be heard at a "formal public hearing" on April 1. I do not have a conflict on that day, and I do plan to attend with the expectation of being heard at the hearing. However, I would like to express my views to you in advance of the hearing. Your crews just finished repairs in our neighborhood in about September or October of 1996. This was the first time in almost twenty years that any repairs have been either done or needed. Denmark Trail West is now quite serviceable and not in need of resurfacing. The maintenance pattern of 18 years without repairs, minor repairs in year 19, and resurfacing in year 20 simply does not make sense. This gives the appearance of either a desire to keep work crews busy or to be in a position to award contracts. You could make a major contribution to the service life of our pavement if you found an alternative to a day -long parade of garbage trucks on Mondays. That would remove 90% of the most punishing traffic. Please review your Pavement Management Program in consideration of these observations. Sincerely, �- Lc��, YJG`''1 Raymond A. Larson 3765 West Denmark Trail Eagan, NNT 55123 454-4789 cc: Thomas Hedges, City Administrator 1D 9 2/22/97 Mr Thomas Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 RE: Project Number 713 Dear Mr Colbert: Thank you for your letter in regards to the proposed "Street Surface Overlay" project on Denmark Ave. ana other adjacent streets. Given the short notice i will not be able to attend the meetings. In the body of your letter you use the term "structural overlay'. I am not sure what you mean by "structurai" but I believe that some major underlying work needs to be done before we Just resurface. Exampies (only): 1) The pavement in front of 3791 Denmark heaves up sicnifcantly every winter indicating a much greater problem. 2) In front of my home at 3779 Denmark the pavement cracks and heaves in the winter, ana in the summer the storm water runs across the roadbed (over the crown) from the east side of the road and then puddles (bird baths) in a section of aepressea curb ana gutter on the west sine of the street before proceeding north to the storm drain. Eagan streets in general appear to be decaying prematurely which is something that needs to be reviewea before we embarK on major repair activity. We need to learn to hold the contractors responsible and accountable for the quality of their work and be certain that we are making sound engineering decisions. Yes, I have heard the argument that none of you were invoived in perhaps past bad planning and decisions. but !et us insure that your successors will not have a need to say the same 10 or more years from now. Once repaired we also need to prevent vehicles from using the roadways that are heavier than the design rating allows. In your letter you mentioned that the homeowner will pay for 50% of the overlay with the city paying the balance. ConsidgriRg the cities sources of revenue is it not the homeowner (taxpayer) that is really paving the whole bill. iia In my absence please consider this input and the greater good of the city when making your decisions as you, of course, have a fiduciary responsibility to spend our money wisely. Sincerely, Michael D. Westphal 3779 Denmark Ave. Eagan, mn 55123 cc: The Honorable Mayor Thomas Egan Council Members 2 RECEIVED MAR 2 7 1997 City of Eagan Project 713 Notitication of Public Hearing Thomas A Colbert PE Director of Public Works Dear Sir: We attended the informal meeting on February 27, 1997. At the meeting the details of the Proposed improvements were presented. Our questions were answered and we approve of the improvements which were presented. We believe these improvements to the street will enhance our property as well as the community. It is not possible to attend the meeting on April 1, 1997. Thank you for the information Sincerely ,Z::Z9- �� Joe and Lori Robinson 1167 Timbershore Lane Eagan. MN. 55123 Agenda Information Memo April 1, 1997 Eagan City Council Meeting G. AMENDMENT TO COMPREHEfi'SlNT TRAMS PLAN SET PUBLIC HEARING ACTION FOR CONSIDERATION: > To set a public hearing date for April 1, 1997 for consideration of amending the Master Trails Plan to include a trail -sidewalk on Denmark Drive from Lone Oak Road to Northwood Drive. FACTS: > The last revision to the Master Trails Plan was made in 1994 with the update to the Parks System Plan in which a chapter was devoted to trails. Since that time, the Promenade development has occurred and with it, the construction of Northwood Drive. 10- Northwood Drive plays a significant role as a transportation link in this area. The issue of sidewalks was raised in response to the proposed extension of Denmark Ave. (formerly Hampton Drive) south to connect with Northwood Drive and the proposed development of a hotel (Homestead Village) at the intersection of Lone Oak and Denmark. a Northwood Drive has a bituminous trail on the north side and a sidewalk on the south side. Other trails in the area include: an existing trail on Lone Oak extending west from Pilot Knob, a trail on Lexington from Lone Oak to Clubview Dr. and the new Post Office, trails on both sides of Yankee Doodle, and trails and sidewalks within the Promenade development. > The Advisory Parks, Recreation and Natural Resources Commission reviewed the Homestead Village proposal at its meeting on February 17, 1997 and recommend that the City Council consider revising the Master Trails Plan to include a sidewalk on Denmark. Their motion did not specify which side the trail should be on, noting possible need for engineering review. BACKGROUND/ATTACHNIENTS: > Drawing of proposed trail, page 10 , 0 0 t-bNF- DhK RD z o 0 0 0 p A d d o e o n Jam, O Q'' Q A CLUbVIE W DR. �,S; POST rd1cf- z- 0 OFF � � X dD Z` J ��� 4 A ,Ot 10 A CoN CRETE VVALY, O O O O $1T UN N005 TRAIL o �'Dco 0 o NORTH WOAD 0 D A a YANKEE 66 G O 0O�O0 atf d o e, o Aj 0 903PLE- R6AD 00 O O p O a O O O p d 0 `� O O O CG 11 -. 0 0 Q' D o n 2 A W A * O 00 Q a YANKEE 66 G O 0O�O0 atf d o e, o Aj 0 903PLE- R6AD 00 O O p O a O O O p d 0 `� O O O CG 11 -. Agenda Information Memo April 1, 1997 Eagan City Council Meeting A/ 0 W D1 : 1 el I tt@J_ IJ ',A IJ R.W— ACTION TO BE CONSIDERED: To approve or deny an ordinance amendment requiring the licensure of commercial turf fertilizer applicators and to set a license fee. FACTS: • In September, 1996, the City Council directed staff to re -draft a lawn chemical control ordinance aimed at controlling the use and application of fertilizers in Eagan as an aid in reducing phosphorous loading to lakes and wetlands. • The re -drafted ordinance requires all commercial turf fertilizer applicators to obtain a license from the City and to operate according to a set of specific standards to prevent over -application and mis-application of fertilizer. • Commercial turf fertilizer applicators service approximately one-third of the single family residential yards and most commercial, industrial, and multi -family residential property in Eagan. • At a joint City Council/Advisory Parks, Recreation and Natural Resources Commission workshop on March 17, 1997, City Council members reviewed and endorsed a draft of the ordinance and directed staff to place it on the April 1, 1997 meeting agenda for formal adoption by the City Council. • The City Clerk has recommended a license fee of $50 to help cover the administrative costs of issuing the license. Issuance of licenses would be done administratively. • Each commercial turf fertilizer applicator company operating within Eagan would be required to obtain a license, and a copy of the license would need to be in the possession of any person conducting business on behalf of the company in Eagan. ATTACHMENTS: Proposed ordinance amendment from Sharon Hills, City Attorney's Office. P. It 4- r' ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.48 REGARDING COMMERCIAL TURF FERTILIZER APPLICATOR LICENSING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by adding Section 6.48, to read as follows: Sec. 6.49. Commercial Turf Fertilizer Application. Subd. 1. Statement of Purpose. The City of Eagan has conducted studies and reviewed existing data and literature to determine the current and projected water quality of various lakes, ponds and wetlands within the community. The data indicates that lake water quality may be improved if the amount of phosphorus from fertilizer and vegetative sources entering the water bodies through the storm drainage system as well as overland runoff, is reduced. The purpose of this Section is to maintain and promote improvement of lake, pond and wetland resources enjoyed by Eagan's residents and other users. Subd. 2. Definitions. For purposes of this Section, the following terms shall be defined as stated: "Fertilizer" shall mean a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal or vegetable manures that are not manipulated, marl, lime, limestone, or other products exempted by rule by the Commissioner of Agriculture. "Licensee" shall mean any person or firm, corporation, partnership, association, trust, joint stock company or unincorporated organization licensed in accordance with the provisions of this Section. "Person" shall mean an individual, firm, corporation, partnership, association, trust, joint stock company, or unincorporated organization engaged in the business of applying fertilizer to turf for compensation. i Subd. 3. License Required. No person shall apply fertilizers to turf for compensation as part of a business enterprise without first obtaining a license from the City as provided herein. Subd. 4. License Application. All applications for a license required under this Section shall be made on a form fiurnished by the City and submitted to the City. The application shall consist of the following: A. The name, address, and telephone number of the person applying for a license hereunder. B. A description of the fertilizer formulations (Nitrogen - Phosphorus -Potassium) proposed for use within the City of Eagan by the applicant. C. The payment of the license fee as fixed by City Council and adopted by resolution. Subd. 5. Conditions of License. The licensee shall comply with the following requirements: A. Random Sampling. During the term of the license, the licensee shall permit the City to obtain a sample of any fertilizer to be applied within the City. The cost of analyzing fertilizer samples obtained from the licensee shall be paid by the licensee if the sample analysis indicates that the phosphorus content exceeds the levels permitted herein. B. Possession of License. The license, or a copy thereof, shall be in the possession of the licensee or its employees or agents when making fertilizer applications within the City. C. Timing of Application. No fertilizer applications shall be made when the ground is frozen and in no event during the period of November 15 through April 1 of the succeeding year. D. Impervious Surfaces. The licensee, or any employee or agent thereof, shall not apply, spill, or otherwise deposit fertilizer on impervious surfaces. Any fertilizer applied, spilled or deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and completely removed by the licensee before leaving the site. pI E. Buffer Zones. No fertilizer shall be applied within fifteen (15) feet of the edge of any wetland, pond or lake. F. Fertilizer Content and Application Rate. No licensee shall apply any fertilizer to turf within the City which contains more than three percent (3%) by weight of phosphate expressed as P205. Annual amounts shall not exceed 0.5 pounds of phosphate expressed as P205 per 1,000 square feet of lawn area unless the need for increasing the total application and rate of application is documents by a lawn soil phosphorus test by the University of Minnesota Soil Testing Lab and taken within the previous two (2) years. The provisions of this Paragraph regarding fertilizer content and application rate restrictions shall not apply to newly established turf areas for the turf s first growing season. G. Recordkeeping. The licensee shall be responsible for maintaining a record of the pounds of phosphate, expressed as P205 per 1,000 square feet of land, applied to each site by the licensee during the year. Subd. 6. Responsibility of Licensees. The conduct of agents or employees of a licensee, while engaged in the performance of their duties for the licensee under the license, shall be deemed the conduct of the licensee. Subd. 7. Non -Compliance. Failure to comply with any requirement set forth in this Section, any other violation of City Code or any provision of Minn. Stat., Chapters 18C and 18D, shall constitute sufficient cause for the revocation of the license by the City Council following a public hearing. Subd. 8. Duration and Transferability of License. The license issued hereunder is effective for the period of January 1 to the following December 31 and must be renewed annually by the licensee. No license fee shall be prorated. A license issued hereunder is not transferable and any change in ownership of the licensed business shall terminate the license. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: (I Agenda Information Memo April 1, 1997 Eagan City Council Meeting RINIUZ11�3 �.W 1112 -all "Im"PA 111 11717W ACTION TO BE CONSIDERED: To appoint a member to fill the remainder of a one-year alternate term on the Burnsville/Eagan Telecommunications Commission. FACTS: There were no applicants for the City Council to consider for appointment to the Burnsville/Eagan Telecommunications Commission at the January 21 or February 4 City Council meeting. As per the Council's direction, letters were sent to all applicants who were not appointed to a commission in January. An advertisement was also placed in the local newspapers. To date, two applications have been received. ATTACHMENTS: I i ' Background Information Forms (� t l-2 , 100 CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink ouAi.D L �Lajmc2 a -Ito -9 Name Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets if necessary). Home Address 307 AtW RD Phone (H) VSy = y13 -- _ How long have you lived in Eagan? as years Employer IIAL06,Lue gApa D1L l:4,91j&C Occupation STORe MGR Phone(W) 8 �O I - Nq 913 Please Indicate which Cothmittees/Commissions you are applying for. List only those you would be seriously interested in serving on. 1st Choice Rldiuz tik44 're c-pmg k.,jcwnwa 2nd Choice Com • 3rd Choice 4th Choice Prior experience on City Commissions, City Boards, etc. Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. J. C-t4aaciu-my SC2.I�E t?a! THE Lf5C.AL PRO091IM M A16 49i.[oit� l..om m r CTCL- For2 THE J3U(L.1SQ#L.L LA4AJ reLEGO,r►,nuwj,Qar,o.>> e6l".hossioal oa! .r EE ,u S ON" c o Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. 20 T'46 Mi P 1910-5 L SCAoc;> A s'�)REe ro C AMO&JAt0e03. TS-DAeiEA THE Vo,.fiAy GA"- tRoyaan. foe THe Qu2Nsyrt.,.? 1frk�GrT�cr l:e,n,�,ss,vu. �'HtSi' �..T,e.�Adc ME ExPes,R.�ycE �� WoP,,c,Jy t.VITq i3erK C:,rA6z ormcxs T'o gisT 6C0s Aaa Gyms, iju i3CID4crj$ .r 0LnV.A,,_,ify LiPF.y3E3 k -b 113 FMOD RR►s,a5 -4 WbUt0i t ITA deccL.l=ERs SN 13"f rdss S 4aje AEdfftl Tl* ©Pc2Arioa1rlp�tg,4E,2 Fna �EuL�2��, .��QuQir� S'�eu1GE5 QJL �u4tR6yiLr 2 M A --aLD44L OL454MAW Expclklaoces `�.. RE LSOEL-s o ,u OF rise A , asaa,,s.e.1-„L. Return to: City Administrator Date Received City of Eagan (For Office Use Only) 3830 Pilot Knob Road Eagan MN 55122 Telephone: (612) 681-4600 I WAS -P ru-rS i .11995 OF' Q RMILji' o-rliC YdA2 F6L T HE sA*d my AOO Qu,AOT,Tr of UoLUWI-GC c>wLs. TNAT SAmc 7CAR = WA5 Ac.sa TNT'ucrev X&)Iv Toe "Cicoi ruay C ioG 14,4,,44 PwT a 00 CIL /Do 90.8-3 or RAR-vice' To TL)-/S. S,ocd Dcac^apA OF IQ94 _r µaor 13E6t1 EMP4oyoo 45 4 eAQr..CCA5rEQ2 ram PLIlbLtQ- ME,EriNsS /0 FA4A,J -F CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink Zerr b. " ' O21 1'.7 Name Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets if necessary). / Home Address 3x36 t F i&V,4 &Y,�. #g Phone (H)1-1 How long have you lived in Eagan? 1-3 years Employer )IorA kesuAh&oe, Occupation_Glti]A; _ Phone(W) r14,6 Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. 1st Choice C;>nrn, 2nd Choice 3rd Choice 4th Choice Prior experience on City Commissions, City Boards, etc. � a 4 Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City oY Eagan. a.*Nc( e 34 N Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. WdF 0 Me., Return to: City Administrator City of Eagan 3830 Pilot Knob Road Eagan MN 55122 Telephone: (612) 681-4600 Date Received (For OfTce Use Only) 1�� Agenda Information Memo April 1, 1997 Eagan City Council Meeting NEW BUSINESS A. ORDINANCE AMENDMENT/CITY CODE CHAPTER 7, STREETS AND SIDEWALKS MANAGEMENT OF PRIVATE USES OF PUBLIC RIGHTS-OF-WAY ACTION TO BE CONSIDERED: To continue consideration of the ordinance amendment concerning management of rights-of-way to the May 6 City Council meeting. FACTS: At its workshop of February 25, the City Council directed staff and legal counsel to prepare a right-of-way ordinance based on the League of Minnesota Cities' model ordinance for this purpose to provide for local authority over right-of-way until state standards are adopted which may supersede the ordinance. • Staff experience delays in receiving the model ordinance from the League of Cities following the U.S. West v. City of Redwood Falls decision. Once the ordinance was received and modifications were drafted, the item was placed on this agenda and copies were distributed to users of public rights-of-way in Eagan for comment. After the initial distribution, it was determined that additional users of the right-of-way had been inadvertently omitted and copies of the ordinance were forwarded to them as well. • While the draft ordinance follows the Council direction by eliminating any reference to right- of-way user fees and taking conservative positions on other issues, staff has received sufficient questions and comments from industry representatives to suggest that further discussion with industry representatives is necessary before consideration by the Council. In that regard, users of right-of-way are being asked to submit written comments on the draft ordinance and a meeting of representatives has been tentatively scheduled for Thursday, April 10 to review this item. In the meantime, the legislature is moving forward in its consideration of this matter. It is possible that legislation will be enacted on this item yet this session. • During the continuance, staff will work with right-of-way users in preparation for the building season. ATTACHMENTS: A LMC Bulletin article on page JA7, �a� R LMC League oJMinnesofa Cities Cities promoting exce)%nce Number 12 Riletin. ROW legislation moves forward March 26, 1997 Amendment would allow local ordinance while PUC studies statewide standards Gary Carlson The House Local Government Committee approved a bill late Monday that would clarify the city role in managing the public rights of way and recovering related costs. The progress of H.F. 322 (Jennings, DFL - Rush City) represents an important step, as committee action on the bill occurred just two days before the first policy committee deadline. Bills not passed out of all policy committees in their house of origin by Wednesday, March 26 were technically dead for the session. City officials statewide should applaud the hard work of Representa- tive Loren Jennings. Without his leadership on the issue and his commitment to broker a compromise between industry representatives and city officials, a bill embodying important city principles probably would not have progressed in time to meet the first deadline. While H.F. 322 was reported out of the House Regulated Industries Committee last week and was gener- ally supported by cities and telephone interests, both groups indicated concerns with some of the provisions Page 3 — New LMC staff Cottage Grove city administ Kevin Frazell is the new LM Member Services Director. of the bill. These concerns led to three amendments that were ultimately approved by the Local Government Committee on Monday. The first amendment, supported by the Associa- tion of Minnesota Counties, clarified that the responsibilities and powers established under the bill would also apply to counties and townships. The second amendment will affect telephone companies that may, in the fieture, provide cable -like services. Under the amendment, telephone companies that provide cable and similar services would be required to comply with state laws currently governing cable companies. The amendment was unopposed. The third amendment, offered by Representative Ann Rest (DFL -New Hope) on behalf of the League of Minnesota Cities eliminated a provi- sion itf the bill thatVwouid have `pre%tniid local management of the ri$lic4righis of way until uniform -statewide StMdafds art Adoptdd by `�►hiis'E r, T998. The League was concerned that nearly two full con- struction seasons would elapse before adoption of the standards. The amendment will now allow cities to adopt or enforce ordinances while the Page rator The C fundi fund aid f 8 — Snow funding emergency snow and flood ng bill is now law. To receive s your city must request the rom the state. public utilities commission studies statewide standards. The Minnesota Telephone Association (MTA) strongly opposed the amendment, and testified they would likely oppose the amended bill. If they choose to oppose the bill, the MTA will have a number of opportunities to force changes in the bill or kill it altogether. On the House side, H.F. 322 now moves to the House floor where it will likely be debated in the next two weeks. The Senate companion bill, S.F. 442 (Novak, DFL -New Brighton) could be consid- ered in as many as three committees before the next deadline. The Jobs, Energy, Community Development Committee, the Local Government Committee and the Transportation Committee could all hear the bill before the April 9 deadline. During this long Easter weekend, it's likely your legislator will be home. Take this opportunity -to ask their support for H.F. 322. Tell them that with the construction season upon us, the bill must not delay city manage- ment authority. You can also stress again these three basic principles as they relate to rights of way. 1) Cities must be responsible for the management and control of the public rights of way. 2) Cities must be able to recover all costs and expenses that result from intrusions into the rights of way. 3) Cities should receive reasonable compensation for use of the rights of way. it Agenda Information Memo March 18,1997, Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT - NORWEST BANK MN ACTION TO BE CONSIDERED: > To approve or deny a Planned Development Amendment to the Site Plan to allow construction of a new building entry and modifications to the parking lot and access drives for the existing bank building located on the northeast corner of Yankee Doodle Road and Pilot Knob Road, 3390 Pilot Knob Road, legally described as Lot 1, Block 1, Norwest 1st Addition, in the SW'/a of Section 10. FACTS: > The existing bank facility was constructed in 1983 and consists of a 7,770 square foot building, six drive through service lanes, and a free-standing automatic teller machine, and 42 parking stalls. > Under this proposal, the building entry would be relocated to the northwest corner of the building, adding 216 square feet of floor area to the building. The proposed parking lot changes include a net gain of 8 stalls, an additional two-way drive access east of the existing drive, and restricting the existing drive to one-way which circulates to employee parking and the drive -up ATM. Several existing trees would be removed or relocated; a few new trees and various foundation plantings would be added. > The APC held a public hearing on March 25, 1997, and recommended approval of the Planned Development Amendment, subject to the conditions outlined in the APC minutes. ISSUES: > The proposed Planned Development Amendment includes deviations from typical commercial development standards for parking stall width. The new parking stalls are proposed to be nine feet wide. The City has typically required ten foot stalls in commercial areas and the original Planned Development called for ten foot stalls. The applicant has stated that because of limited space on the site, providing ten foot stalls would allow fewer stalls to be added and the net gain would not be worth the cost involved to do those site modifications. ATTACHMENTS: '?4N March 25, 1997 APC M' utes, pages 1�2 through Le LI -1 Staff Report, pages through Page 7 March 25, 1997 ADVISORY PLANNING COMMISSION PLANNED DEVELOPMENT AMENDMENT NORWEST BANK MN. Commission Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment to allow for a new building entrance and the reconfiguration of the parking lot and access drives for the bank site at 3390 Pilot Knob Road located north of Yankee Doodle Road and east of Pilot Knob Road in the SW'/4 of Section 10. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated March 19, 1997. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Jeff Pflipsen, the applicant's architect, is concerned with Condition No. 2 of the report which states that all parking, except handicapped stalls, shall be ten feet wide. He also stated that Norwest Bank's goal is to increase the number of parking stalls. Mr. Pflipsen suggested that designing the parking stalls to be nine feet wide would give Norwest a net gain of eight parking spaces, whereas, if they adhered the ten -foot parking stall typically required by the City it would result in a net gain of only four to five parking spaces. He noted that the cost to redesign the parking lot would be quite substantial for a net gain of only four to five parking stalls. Therefore, he proposed that the APC allow the stalls to be designed at nine feet. No persons from the public were present for comment. In response to Member Burdorf s inquiry, Associate Planner Dudziak stated that the original planned development called for ten foot stalls due to the high turnover in the parking lot. Senior Planner Ridley stated that the City Council has generally followed the rule of nine -foot parking stalls for areas where there is low turnover and ten foot parking stalls in areas where there is high traffic turnover. Member Miller suggested that the outer ring of parking stalls be at nine feet where the traffic turnover is lower and the inner ring to be at ten feet where there is high turnover. In response to Member Burdorf s inquiry about the traffic flow, Mr. Pflipsen stated that Norwest Bank employees currently park out on the southeast rim of the parking lot to allow for more room for customer parking. In response to Member Miller's suggestion of making parking stalls for employees at nine feet and customer parking stalls at ten feet, Mr. Pflipsen stated that employee parking stalls cannot be changed because they are angled and therefore not easily adjustable. Member Burdorf moved, Member Frank seconded, a motion to recommend approval of a Planned Development Amendment to allow for a new building entrance and la d Page 8 March 25, 1997 ADVISORY PLANNING COMMISSION the reconfiguration of the parking lot and access drives for the bank site at 3390 Pilot Knob Road located north of Yankee Doodle Road and east of Pilot Knob Road in the SWV4 of Section 10, subject to the following conditions: 1. The employee parking area shall be signed to identify it as employee parking. 2. All parking, except handicapped stalls, shall be ten feet wide with the exception of employee parking which may be nine feet in width. 3. The two proposed Skyline Locust trees should be 4" diameter to compensate for the net loss of existing trees which are larger. 4. A Planned Development Amendment Agreement shall be executed which includes the following exhibits: • Site/Grading/Landscape Plan • Building Elevations All voted in favor. (30 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 1997 APPLICANT: Norwest Bank Minnesota PROPERTY OWNER: Norwest Bank Minnesota REQUEST: Planned Development Amendment LOCATION: 3390 Pilot Knob Road COMPREHENSIVE PLAN: CA - Central Area ZONING: PD - Planned Development SUMMARY OF REQUEST CASE: 10-RZ-6-2-97 HEARING DATE: March 25, 1997 PREPARED BY: Pamela Dudziak Norwest Bank Minnesota is requesting a Planned Development Amendment for a new builidng entry addition and changes to the parking lot for the existing bank building at 3390 Pilot Knob Road on the northeast corner of Pilot Knob and Yankee Doodle Roads, legally described as Lot 1, Block 1, Norwest 1st Addition, in the southwest 1/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11.40, Subd. 5,. Amendments (Including Zoning) states in part that zoning amendments may be initiated by the property owner, Planning Commission or City Council. Such requests require a public hearing, and approval requires an affirmative vote of 2/3rds of all members of the Council. BACKGROUND/HISTORY This property was platted as Norwest V Addition in 1983. At that time a Planned Development was approved and a Planned Development Agreement executed which provided for the construction of a bank facility. The bank was constructed in 1983 and is consistent with the approved Planned Development. The applicant is now requesting an amendment to the site plan to allow for a new building entry and modifications to the parking lot. '31 Planning Report - Norwest Bank March 25, 1997 Page 2 EXISTING CONDITIONS The site is developed with a 7,770 square foot bank building including six drive-through service lanes and a free-standing automatic teller machine (ATM). The parking lot contains 42 stalls. The building entrance is in the center on the southwest side of the building. There is a single driveway which provides access to the parking lot, the drive -up ATM, and the drive-through service lanes. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Medical clinic; Zoned PD, Planned Development; Guided CA, Central Area South - Park and Ride lot and I -35E East - Vacant (preliminary approval for a hotel); Zoned PD, Planned Development; Guided CA, Central Area West - Lockheed Martin; Zoned RD, Research and Development; Guided CA, Central Area EVALUATION OF REQUEST Site Plan - The proposal involves a new entry with vestibule and canopy and adds 216 square feet of floor area to the building. The building entrance will be relocated to the northwest corner of the building, closer to more of the parking which should be more convenient for customers. The existing parking lot is proposed to be extended to the north, and a two-way drive access provided to the parking lot. The existing drive will be restricted to a one-way drive which circulates to employee parking and the drive -up ATM. Access to the drive-through service lanes can be gained from either driveway. The net addition to parking will be eight stalls. Setbacks - The building entry addition is in the center of the site and exceeds typical setbacks for a commercial service use. The modifications to the parking area satisfy typical setback requirements from the property lines. Parkini7 - The Zoning Code would require 33 parking stalls for the 8,180 square foot bank building. The site currently provides 42 stalls, and the proposed changes will result in a total of 50 parking stalls. Although the Zoning Code does not address parking stall width, the City has typically required parking stalls to be ten feet wide. The Norwest parking lot was originally developed with ten foot stalls and the existing stalls which are not affected by this proposal will remain at ten feet. However, the new parking stalls are proposed to be nine feet wide. Staff notes that the original Planned Development called for ten foot wide stalls. Because the site has excess parking and turnover is high, the additional parking provided with this proposal should be consistent with the original Planned Development and provide ten foot wide parking stalls. 3�- Planning Report - Norwest Bank March 25, 1997 Page 3 Access/Street Design - Adding a second driveway to separate the parking lot traffic from the through traffic accessing only the ATM or drive-through service lanes should reduce confusion and conflicts and result in more efficient and safer traffic flow through the site. Landscaping - Several existing trees will be removed or relocated to accommodate the site modifications. Trees removed include three overstory trees, and four evergreens. New landscaping includes two overstory trees (Skyline Locust), one ornamental tree (Japanese Tree Lilac), and foundation plantings consisting of deciduous and evergreen shrubs and perennials. The new Skyline Locust should be 4" diameter to compensate for the net loss of existing trees which are larger. Buildine Materials - The new entry addition will be of brick to match the existing building. The canopy at the entry will have a raised element made of brick and luminous panels. The luminous panels will match the panels on the existing skylight. Grading/Storm Drainage/Water (duality - Existing storm water runoff patterns will not be altered. The added impervious surface associated with the parking lot changes is negligible and its impact on runoff quantities and water quality insignificant. Tree Preservation - Since the addition constitutes less than a 10% expansion, the tree preservation ordinance does not apply. SUMMARY/CONCLUSION The proposal adds a 216 square foot entry addition to the building, and the materials will match the existing building. The parking lot changes should result in a more efficient and safer flow of traffic through the site by separating the customer parking lot from the through traffic. Although some trees will be removed with this proposal, new trees and foundation plantings will be added. ACTION TO BE CONSIDERED To recommend approval or denial of a Planned Development Amendment to allow a building entry addition and modifications to the parking lot for Norwest Bank located at 3390 Pilot Knob Road in the southwest'/4 of Section 10. Approval should be subject to the following conditions. 1. The employee parking area shall be signed to identify it as employee parking. 2. All parking, except handicapped stalls, shall be ten feet wide. 3. The two proposed Skyline Locust trees should be 4" diameter to compensate for the net loss of existing trees which are larger. l 33> Planning Report - Norwest Bank March 25, 1997 Page 4 4. A Planned Development Amendment Agreement shall be executed which includes the following exhibits: * Site/Grading/Landscape Plan Building Elevations %3� k: o�': 111011 ■ kvi X0010 411k�- Norwest Bank Or/ of Eagan Case No. 10-RZ 06-02-97 Zoning Map Current Zoning PD Planned Development N soo o 500 1000 Feet _- City of Eagan Community Development Department *aw -f Eogon CA CA N MEMS•Ir Norwest Bank Case No.10-RZ-06-02-97 Comprehensive Plan Map N 500 0 900 1000 Feet G 7CA COUNTY CA Central Area 13(- city of Eagan Community Development Department -73 15C ell III I MWACURAMV I I jrff"� M;ayww&mwGvmlT SITE PLAN NORWEST BANK MMAWAM MWYnCXW&WSWMLW EAGAN OFFICE RWOMM ".ELEVATIONS FAGA MMSOTA Agenda Information Memo April 1, 1997 Eagan City Council Meeting C. 4ONDTTIONAL USE PERMITS AND VARIANCES - PENSKE TRUCK LEASING, LOT 3" BLOCK 3 EAGANDALE CORPORATE LATER ACTION TO BE CONSIDERED: > To approve or deny a Conditional Use Permit to allow outdoor storage of 96 trucks and/or trailers on Lot 3, Block 3, Eagandale Corporate Center, subject to the conditions recommended by the Advisory Planning Commission. > To approve or deny a Conditional Use Permit to allow sales (leasing) and service of trucks and trailers on Lot 3, Block 3, Eagandale Corporate Center, subject to the conditions recommended by the Advisory Planning Commission. > To approve or deny Variances to Section 11. 10, Subd. 29, C.1. (outdoor storage enclosure standards) to allow the items to be stored outside to be taller than the 6 foot fence enclosure and allow the fence enclosure to encroach into the required 40 foot front building setback. FACTS: > Penske Truck Leasing is proposing to operate a truck leasing company that will require outdoor storage (parking) of trucks and trailers and will include some repair and maintenance of company owned trucks and trailers. All truck and trailer repair and maintenance will occur inside the building. > The proposed site is within the Eagandale Corporate Center, a light industrial subdivision surrounded by land that is zoned and guided for industrial development. The proposed use will be compatible with other industrial uses in the area. > The proposed site plan includes 96 truck and/or trailer parking spaces. > The proposed building exterior appears to consist of about 40% metal. This exceeds the maximum 25% metal allowed by the City's Architectural Design standards. > The developer is requesting variances to two of the standards for outdoor storage enclosures; 1) the items to be stored must be shorter than the enclosure, and 2) the enclosure cannot extend into the required front building setback. The trucks/trailer to be stored will be about 16 feet tall and the proposed enclosure is only 6 feet tall. The fence enclosure encompasses the entire parking lot, thereby extending in front of the building and into the required front building setback. �4� > The Advisory Planning Commission, at their regular meeting on March 25, 1997, recommended approval of the two Conditional Use Permits and the Variances subject to the conditions in the staff report. BACKGROUND/ATTACHMENTS 14finutes of March 2 , 1 7 APC meeting, pages .�through Staff report, pages through lel Page 9 March 25, 1997 -. ADVISORY PLANNING CONMSSION CONDITIONAL USE PERMITS - VARIANCE PENSKE TRUCK & LEASING Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of 96 trucks and/or trailers and a Conditional Use Permit to allow the sales (leasing) and service of trucks and trailers and Variances to the outdoor storage enclosure standards, on Lot 3, Block 3, Eagandale Corporate Center located on Aldrin Drive, east of Lexington Avenue in the SWI/4 of Section 11. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated March 18, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. Steve Drasher, construction manager for the applicant, stated that the nature of business for Penske Truck Leasing is to sell truck leases and to offer trucks for rental. Mr. Drasher also stated that the fuel island will be used only for refuel of Penske trucks and will not be open for sale to the public. In response to Member Burdorf s inquiry, Mr. Drasher stated that there will be an occasional sale of one of their trucks from this lot but it is procedure that most sales will be done from St. Louis. No persons from the public were present for comment. Member Burdorf moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of 96 trucks and/or trailers on Lot 3, Block 3, Eagandale Corporate Center located on Aldrin Drive, east of Lexington Avenue in the SWI/4 of Section 11, subject to the following conditions: 1. Development shall occur in accordance with the approved site plan, modified to delineate employee and truck/trailer parking. 2. Prior to issuance of a building permit, revised grading plans reflecting the lowered grades should be approved by the City Public Works Department and an amendment to the Eagandale Corporate Center development contract referencing the revised grading plans shall be approved by the City Council. 3. The exterior building materials shall conform to the City's Exterior Architectural Design Standards. 4. The developer shall submit a photometric lighting plan indicating light levels at the property perimeter prior to issuance of a building permit. Page 10 March 25, 1997 ADVISORY PLANNING CONMSSION All voted in favor. Member Burdorf moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow the sales (leasing) and service of trucks and trailers on Lot 3, Block 3, Eagandale Corporate Center located on Aldrin Drive, east of Lexington Avenue in the SW'/4 of Section 11, 1. All repairs of vehicles must occur inside the building. 2. Sales, leasing and service is only allowed for vehicles owned by the property owner. No retail sales or service is allowed. All voted in favor. Member Burdorf moved, Member Frank seconded, a motion to recommend approval of Variances to the outdoor storage standards, on Lot 3, Block 3, Eagandale Corporate Center located on Aldrin Drive, east of Lexington Avenue in the SW'/4 of Section 11. All voted in favor. 4,3 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 18, 1997 CASE: #11 -CU -9-2-97, 11 -CU -12-3-97, 11-V-3-3-97 APPLICANT: Mark Boxey (Penske Truck Leasing) HEARING DATE: March 25, 1997 PROPERTY OWNER Dart Transit PREPARED BY: Julie Farnham REQUEST: Conditional Use Permits and Variance LOCATION: 965 Aldrin Drive (Lot 3, Block 3, Eagandale Corporate Carter) COMPREHENSIVE PLAN: IND (Industrial) ZONING: I-1 (Light Industrial) SUMMARY OF REQUEST The applicant is requesting two Conditional Use Permits, one to allow outdoor storage of trucks and trailers and another to allow sales (leasing) and service of trucks and trailers, and Variances to the outdoor storage enclosure standards, on Lot 3, Block 3, Eagandale Corporate Center, in the SW '/4 of Section 11. AUTHORITY FOR REVIEW Conditional Use Permit 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. 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 iq� Planning Report - Penske Truck Leasing March 25, 1997 Page 2 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 within. Outside Storage Additional standards apply to the evaluation of a conditional use permit for outside storage. Section 11. 10, Subd. 29, C.1. states that in addition to the standards for conditional use permits, outdoor storage shall conform to the following standards: a) Outdoor storage items shall be placed within an enclosure. b) All such enclosures shall be attached to the principal building except in the Limited Industrial District. c) The enclosure shall be made of material suitable to the building and the items to be stored. d) The enclosure shall not encroach into any established front building setback area or other required setbacks. e) The enclosure shall not interfere with any pedestrian or vehicular movement. f) The items to be stored shall not exceed the height of the enclosure. S) The display area shall not take up required parking spaces or landscaping areas. h) The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be property maintained to prevent deterioration. i) The square footage of outdoor display areas shall be included in the calculation of required off- street parking for the principal use of the property. Variance City Code Chapter 11, Section 11.40,, Subd. 3.C. states that the Council may grant a variance and i�� Planning Report - Penske Truck Leasing March 25, 1997 Pa Se 3 impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/MSTORY This property is within the Eagandale Corporate Center, a light industrial subdivision approved by the City in October 1996. This subdivision includes the extension of Aldrin Drive to the west to connect to Neil Armstrong Boulevard, which extends south and west to connect to Lexington Ave. EXISTING CONDITIONS This 6.02 acre site is undeveloped. The site is on the north side of Aldrin Drive. A mass grading project is currently_ underway within the Eagandale Corporate Center subdivision in conjunction with construction of the roadway extension and utility installation under public improvement project # 688. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations sun ound the subject property: North - Industrial development; zoned I-1; guided IND South - Industrial (vacant); zoned I-1; guided IND East - Industrial (vacant); zoned I-1; guided IND West - Industrial (vacant); zoned I-1; guided IND EVALUATION OF REOUEST Conditional Use Permits Proposed Use - Penske Truck Leasing is proposing to operate a truck leasing company that will require outdoor storage (parking) of trucks and trailers and will include some repair and maintenance of trucks and trailers owned by the company. All truck and trailer repair and maintenance will occur inside the building. ,omAatibility with Surrounding Area - Surrounding developed and undeveloped land is zoned and guided for industrial development. The proposed use appears compatible with other existing and future industrial uses in the area. Site Plan - The site plan submitted includes a new building, parking for employees and guests in front Planning Report - Penske Truck Leasing March 25, 1997 Page 4 of the building, and parking for trucks and/or trailers behind the building. A two lane fuel pump island is proposed on the rear (north) side of the building. All building and parking setbacks meet or exceed City code requirements. Building coverage is below the maximum 35% allowed in the I-1 district. City's Fire Marshal reviewed the plan and did not have any concerns, but noted that the pump island and fuel tank will be subject to review and approval by the State Fire Marshal. Parking - Proposed parking includes 39 spaces for employees and customers and 96 spaces for trucks and/or trailers. The parking stall sizes and drive aisle widths exceed code requirements. Staff suggests that the site plan be modified to clearly delineate employee parking from truck/trailer parking. Building Design - The proposed building will be 12,160 s.f in area, including 2,400 s.f of office and 9,760 s.f for service and wash bays. The building will be two stories, with a maximum height of 23 feet. Exterior materials proposed include brick and metal. The City's Architectural Design standards only allow 25% of the building exterior to consist of metal, excluding overhead doors. The building elevations or materials will need to be revised to comply with this requirement as the proposed elevations appear to devote about 40% of the exterior to metal. i�iiage_ - The only signage proposed at this time consists of an 80 s.f wall sign on the east facade. Any additional signage proposed in the future must meet the signage requirements outlined in City Code Chapter 4. dsc in - The proposed landscape plan is acceptable. The plan includes a mix of deciduous and evergreen trees and shrubs. Most of the planting is located in the front setback with trees and some shrubs located in the sideyards at the edge of the parking lot. Lighting- Six 30 foot tall floodlights are proposed around the edge of the parking lot. Wall -mounted, down -cast building lights are proposed on all sides of the building. The developer should submit a photometric plan showing light levels at the property lines prior to issuance of a building permit. Gradin Wetlands - The initial grading of the site will be completed by July 1997 under the Eagandale Corporate Center subdivision development contract. However, the developer is proposing to alter the site grades from the grading plan approved with the subdivision development contract. Prior to issuance of a building permit for this site, revised grading plans reflecting the lowered grades should be approved by the City Public Works Department and an amendment to the Eagandale Corporate Center development contract referencing the revised grading plans should be approved by the City Council. The Eagandale Corporate Center developer, Maplewood Acres, is in the process of requesting this amendment. Storm Drainage/Water Qohiy - The storm drainage plan is acceptable. Storm sewer of sufficient size, depth and capacity is scheduled to be stubbed to the site as part of current City Project 688 - Eagandale Corporate Center Streets & Utilities. The developer is proposing to connect an internal storm sewer system to this stub. Utilities - Sanitary sewer and water main stubs will be available for connection with completion of the current City Project 688 in June 1997. Access/Street Design - Access to the site is proposed at two locations from the new extension of Aldrin Drive. Aldrin Drive will be constructed as part of the City Project No. 688 and is scheduled to J47 Planning Report - Penske Truck Leasing March 25, 1997 .Page 5 be completed in July 1997. Tree Preservation - Tree preservation requirements for this property were satisfied with the final subdivision for Eagandale Corporate Center Addition. Parks and Recreation - Park and trail dedication requirements for this property were satisfied with the final subdivision for Eagandale Corporate Center Addition and are payable at the time of building permit issuance. Variances The applicant is requesting variances to Section 11. 10, Subd. 29, C.1. that stipulates standards for outdoor storage enclosures. The applicant is proposing to enclose the outdoor storage area with a 6 foot tall chain link fence with slide gates at the entry and exit driveways. This enclosure meets most of the standards (see Authority for Review) except items (d) and (f). A portion of the proposed fence will encroach about 10 feet into the required 40 foot front building setback. In addition, the trucks and trailers parked on-site, which can be approximately 16 feet in height, will be taller than the proposed 6 foot tall fence enclosure. The applicant notes that the fence is intended to provide security to both the truck/trailer parking and the employee parking areas, and thus extends in front of the building. The applicant does not believe a 16 foot tall fence would be appropriate or attractive in this area. Staff notes that these enclosure standards were initially created in response to commercial situations and are sometimes difficult to apply directly in industrial situations. SU E%IARY/CONCLUSION Penske Truck Leasing is proposing to operate a truck leasing business in Eagandale Corporate Center, a light industrial subdivision. The proposed use requires two conditional use permits: one to allow outdoor storage (parking) of trucks and/or trailers, the other to allow leasing of trucks and/or trailers. The proposed new building will include space for offices, repair and maintenance. All repairs will occur inside the building. The site plan includes 39 parking spaces for employees and customers and spaces for 96 trucks and/or trailers. A fuel pump island is located on site for private use by the business. The applicant is also requesting variances to the outdoor storage enclosure standards. The proposed enclosure consists of a 6 foot chain link fence that extends in front of the building. The variance would allow the items being stored (.e. trucks and trailers @ 16' tall) to be taller than the fence and allow the fence to encroach into the required 40 foot front building setback. With the exception of the requested variance, the plans submitted meet all Zoning Code requirements. The site is surrounded by land developed or designated for industrial development. The use appears to be compatible with existing and future industrial development in the area. ACTION TO BE CONSIDERED A To recommend approval or denial of a Conditional Use Permit to allow outdoor storage of 96 trucks and/or trailers on Lot 3, Block 3, Eagandale Corporate Center, in the SW'/4 of Section 11, subject to the following conditions: / i Planning Report - Penske Truck Leasing March 25, 1997 Paee 6 1. Development shall occur in accordance with the approved site plan, modified to delineate employee and truck/trailer parking. 2. Prior to issuance of a building permit, revised grading plans reflecting the lowered grades should be approved by the City Public Works Department and an amendment to the Eagandale Corporate Center development contract referencing the revised grading plans shall be approved by the City Council. 3. The exterior building materials shall conform to the City's Exterior Architectural Design Standards. 4. The developer shall submit a photometric lighting plan indicating light levels at the property perimeter prior to issuance of a building permit. B. To recommend approval or denial of a Conditional Use Permit to allow sales (leasing) and service of trucks and trailers on Lot 3, Block 3, Eagandale Corporate Center, in the SW '/4 of Section 11, subject to the following conditions: 1. All repairs of vehicles must occur inside the building. 2. Sales, leasing and service is only allowed for vehicles owned by the property owner. No retail sales or service is allowed. C. To recommend approval or denial of a Variance to Section items to be stored outside to be taller than the 6 foot fence encroach into the required 40 foot front building setback. / q 11. 10, Subd. 29, C.1. to allow the enclosure and allow the fence to FINANCIAL OBLIGATION -11 -CU -12-3-97 Lot 3, Block 3, Eagandale Corporate Center There are pay-off balances of special assessments totaling $24,606 on the parcel for which the conditional use is requested. At this time, there are pending assessments in the amount of $62,249 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 system. 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CL c 3W z urs E - `,r�'j , � 4 I I ' Ii — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — lift Vill Zj oo�--- _- i I � J Y I CCCCG � = aod�o 1•r .1 f!, 1�CUy�1� ooi _�'- = JINN N Z, _ nnN�m t lO Ij ZN M y[�/q1� Hl r` , 1 I � 1 _ � U. oc F � n � (� yy, �' � •Ib ,� 30375 �� P LI) — 'i : is I! � �.�� /� ,� IS _ i I •] if CL Y d;p f pp o € °' LL Agenda Information Memo April 1, 1997 - Eagan City Council D. CONDITIONAL USE PERMIT & VARIANCE - US WEST ACTION TO BE CONSIDERED: • To approve/deny a Conditional Use Permit (CUP) to allow a communication monopole on a portion of the property located at 1075 Lone Oak Road, on Lot 3, Block 1, Bell Lexington Addition, (PID #10-13600-030-01) in the SW'/4 of Section 2 subject to the conditions in the APC minutes. • To approve/deny of a 76 foot Variance to allow a tower that is higher than the distance from the base of the tower to the nearest property line subject to the conditions in the APC minutes. FACTS: • The proposal includes a 100 foot communication monopole with a 10' x 12' equipment enclosure. The applicant is proposing the monopole in this area of the city to improve telecommunication service coverage within the general area. The tower is specifically designed to allow for co -location by other wireless providers. City Code currently allows communication towers to be located in all zoning districts of the city subject to a Conditional Use Permit. The existing code also states that communication towers may not exceed 100 feet in height and must have a setback equal to the height of the tower or the distance from the base of the tower to the nearest property line, whichever is less. The proposed tower would meet the setback standards of the proposed Tower/Antenna Ordinance. The proposed communication tower will require a 76 foot Variance to the height requirement. The applicant claims hardship is created because the setback requirements of the City Code would not allow the proposed tower to be built on the US West lot. The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on March 25, 1997, and recommends approval subject to the conditions in the APC minutes BACKGROUND/ ATTACHMENTS: (2) APC Minutes, pages through�(�� Staff Report, pages through Page 11 March 25, 1997 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT - U.S. WEST Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow a 90' communication tower and a Variance of 66 feet to the height requirements for the tower on Lot 3, Block 1, Bell Lexington Addition located east of Lexington Avenue and north of Lone Oak Road in the SW'/4 of Section 2. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in City staffs planning report dated March 10, 1997. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Dorgan also noted that staff recommends an additional condition stating that a document be submitted to the City by the applicant noting that the FAA approves of the height of the tower and it will be constructed in the FAA flight path. In addition, staff recommends that the color scheme of the tower be blue or gray. A representative of the applicant, John Hollenbeck, stated that the tower is to be constructed on property owned by U.S. West and from a public safety standpoint this is beneficial because the site already has its own generator, fuel generator and back-up system. In response to Member Burdorf s inquiry, Mr. Hollenbeck stated that height of towers have to do with the technology and frequency division. He noted that most U.S. West towers were at 90 feet throughout the Metropolitan area. He also noted that there needs to be a 20 -foot separation between antennas on each tower. In response to Member Burdorfs inquiry of U.S. West's philosophy of co -location, Mr. Hollenbeck responded that co -location is desirable due to the fact that it cuts costs and reduces the number of towers to be constructed. No persons from the public were present for comment. Member Frank moved, Member Burdorf seconded, a motion to recommend approval of a Conditional Use to allow a 90' communication tower on Lot 3, Block 1, Bell Lexington Addition located east of Lexington Avenue and north of Lone Oak Road in the SWV4 of Section 2, subject to the following conditions: 1 The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. U.S. West shall provide the City written correspondence from the FAA, relative to the proposed tower height. Page 12 March 25, 1997 ADVISORY PLANNING COMMISSION The CUP shall be continually subject to the following conditions: The Conditional Use Permit provides for a 100' tall communication monopole tower and equipment building. 2. The equipment building shall be constructed of materials and color compatible with the principal building. If required, expansion of the equipment building shall be provided in the event other wireless communication service providers locate on the proposed tower. Any expansion will require a building permit. 4 A trash enclosure to house the dumpsters shall be constructed behind the existing building by September 1, 1997. 5. No signage, other than for public safety warnings or equipment information, shall be affixed to the tower or equipment building. No artificial illumination shall be allowed on the tower, except when required by law or by a governmental agency. 7. The tower, or any equipment attached thereto, shall be unclimbable for the first Twelve (12) feet or completely surrounded by a six (6) foot fence. A building permit shall be obtained for the erection of the monopole and equipment building. 9. The applicant shall provide the City documentation, from a structural engineer, at the time of building permit application confirming the structural integrity of the proposed monopole. 10. The applicant shall provide co -location opportunities, if technologically feasible to other wireless communication service providers. 11. The monopole tower and equipment building shall be in compliance with the submitted site plan shown on the attached Exhibit A. 12. Landscaping, as shown on the attached Exhibit B, shall be completed by November 1, 1997. All present voted in favor. Page 13 March 25, 1997 ADVISORY PLANNING CO1vMSSION Member Frank moved, Member Burdorf seconded, a motion to recommend approval of a Variance of 66 feet to the height requirements for the tower on Lot 3, Block 1, Bell Lexington Addition located east of Lexington Avenue and north of Lone Oak Road in the SWV4 of Section 2. All present voted in favor. l�3 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 10, 1997 APPLICANT: US West PROPERTY OWNER: US West REQUEST: Conditional Use Permit LOCATION: 1075 Lone Oak Road COMPREHENSIVE PLAN: Limited Industrial (IND) ZONING: Limited Industrial (I-1) SUMMARY OF REQUEST CASE #: 02 -CU -07-02-97 HEARING DATE: March 25, 1997 PREPARED BY: Steve Dorgan US West is requesting approval of a Conditional Use Permit (CUP) to allow a monopole communication tower with an equipment building and a 76 foot Variance to allow a tower that is higher than the distance from the base of the tower to the nearest property line. The property is located at 1075 Lone Oak Road, on Lot 3, Block 1, Bell Lexington Addition, (P.I.D. # 10-13600- 030-01) in the SW 1/4 of Section 2. AUTHORITY FOR REVIEW Conditional Use Permit: 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 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. 1�q Planning Report - CUP US West Communication Tower March 25, 1997 Paee 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: Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they may 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: Denial for compliance. If the Planning 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. Variance: City Code Chapter 11, Section 11.40, Subd. 3, C., states: If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That the granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. Planning Report - CUP US West Communication Tower March 25, 1997 Page 3 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. City Code Section 4.50, Subd. 3, requires towers not exceed a height of 100 feet, or the distance from the tower to the nearest property line, whichever is less, measured from the base of the tower to the nearest property line. City Code Section 4.50, Subd. 7, states that variances from the strict provisions of this Section may be granted pursuant to the variance provisions of the Zoning Chapter. BACKGROUND/ EXISTING CONDITIONS Northwestern Bell received Final Plat approval in 1986 for three lots on three acres of land for property known as Bell Lexington Addition. At that time, Northwest Bell sold their building on Lot Know Crate Prospects) and constructed a new building on Lot 3 to house telephone switching equipment. Lot 2 is also owned by Crate Prospects and is currently vacant. US West owns and operates the switching facility on the 0.8 acre subject site. In addition to the existing 7,500 square foot building, a 14' x 10' equipment box is located behind the building at the rear of the lot where the communication tower and equipment building are proposed. An existing 25' bituminous drive off of Lone Oak Road provides access to the site. Two parking lots located at the front and rear of the building provide a total of 11 parking spaces for the site. Two portable dumpsters for trash and recycling are located at the rear of the building. A trash enclosure is currently not provided on the site. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North/East - Office/Warehouse; zoned Limited Industrial (I-1) and guided Limited Industrial (IND) South - Vacant Land; zoned Limited Industrial (I-1) and guided Limited Industrial (IND) West - Vacant Land and Crate Prospects; zoned Limited Industrial (I-1) and guided Limited Industrial (IND) EVALUATION OF REQUEST Eagan City Code allows communication towers to be located in all zoning districts of the city subject to approval of a Conditional Use Permit. Communication towers may not exceed 100 feet in height and must have a setback equal to the height of the tower or the distance from the base of the tower to the nearest property line, whichever is less. US West is proposing a 100 foot tall Planning Report - CUP US West Communication Tower March 25, 1997 Paee 4 communication monopole in this area of the city to improve telecommunication service coverage. The monopole is designed to provide more than one antennae grouping located at varying heights to accommodate future co -location of communication service providers on the site. Although the proposed tower is regulated by the adopted standards in Chapter 4, staff has also referenced the proposed Antenna/Tower Ordinance in reviewing this request. Compatibility with Surrounding Area - Chapter 4 of the City Code allows communication towers in all zoning districts of the city subject to approval of a Conditional Use Permit. The regulations of the proposed Tower/Antenna Ordinance require all commercial towers be located within Industrial and Public zoned districts subject to a Conditional Use Permit. The proposed site is zoned and guided for industrial uses. All of the properties within the general area are zoned and guided for industrial uses. Site Plan - City Code allows for towers up to 100 feet in height provided the setback from adjacent property lines are equal to the height of the proposed tower. The proposed Tower/Antenna Ordinance allows towers up to 100 feet in height or 150 feet in height for towers with co -location capabilities for 3 or more users. In addition, towers would be required to locate in the rear yard of the subject site and meet the minimum building setback requirements for the respective zoning district. US West is proposing to locate the monopole tower and equipment building at the rear of the building in the northwest corner of the proposed site. The applicant is proposing to locate the tower 24'2" from the side lot line and 30'5" from the rear lot line. Therefore, a 76 foot variance is required for the height requirements of the proposed tower. If the tower were built under the proposed Ordinance, all required setbacks would be met. Building -The equipment building will be 10'x 12' and 8' feet in height consisting of an open air brick wall enclosure. Building materials used in the construction of the building enclosure should match that of the existing principal building. The applicant should also provide for expansion of the equipment building in the event other communication service providers locate on the tower. Any expansion of the building should be constructed with the same materials and architecture of the existing equipment building. The proposed Tower/Antenna Ordinance requires that equipment buildings associated with a tower be enclosed and constructed with a building material that matches the principal structure and surrounding area. Other Site Issues - During a recent inspection of the site, a dumpster was observed in the parking lot at the rear of the building. No trash enclosure exists on the site. The applicant should provide for the construction of a trash enclosure at the rear of the building. �e7 Planning Report - CUP US West Communication Tower March 25, 1997 Page 5 Monopole Tower - The applicant has submitted an as -built photo of the monopole at the proposed location. It appears the color scheme of the tower will be a white/blue shade. The proposed color should provide an appearance which is least obtrusive to the surrounding area. The proposed Tower/Antenna Ordinance requires the location and color of the tower to minimize off-site visibility to the greatest possible extent. Landscaping - The applicant is proposing a variety of plantings including trees and shrubs which surround the proposed monopole and equipment building at the rear of the property. The proposed Tower/Antenna Ordinance requires all equipment and buildings be screened by suitable landscaping, except where a non -vegetative design better compliments the architectural character of the surrounding neighborhood. SUMMARY/CONCLUSION The Advisory Planning Commission's review of the CUP is to ensure compatibility with surrounding uses in the area. The granting of a CUP is based on; the designated location and height of the communication tower should not be obtrusive to the area, proposed design and appearance of the tower appears to be compatible with the intended character of the general area, and conditions of the operation do not appear hazardous or detrimental to the health or property of surrounding properties. The proposed Tower/Antenna Ordinance would have precluded the requirement for the variance to the height requirements for the proposed tower. The proposed Ordinance would remove the requirement for a variance. All other aspects of the proposed application meet the standards of the current City Code requirement as well as the proposed ordinance. There should be no detrimental impact off-site by granting a 76 foot variance to the height requirements of the City Code for the monopole tower. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit (CUP) to allow a communication monopole on a portion of the property located at 1075 Lone Oak Road, on Lot 3, Block 1, Bell Lexington Addition, (P.I.D. # 10-13600-030-01) in the SW 1/4 of Section 2. 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: Planning Report - CUP US West Communication Tower March 25, 1997 Page 6 1. The Conditional Use Permit provides for a 100' tall communication monopole tower and equipment building. 2. The equipment building shall be constructed of materials and color compatible with the principal building. 3. If required, expansion of the equipment building shall be provided in the event other wireless communication service providers locate on the proposed tower. Any expansion will require a building permit. 4. A trash enclosure to house the dumpsters shall be constructed behind the existing building by September 1, 1997. 5. No signage, other than for public safety warnings or equipment information, shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower, except when required by law or by a governmental agency. 7. The tower, or any equipment attached thereto, shall be unclimbable for the first Twelve (12) feet or completely surrounded by a six (6) foot fence. 8. A building permit shall be obtained for the erection of the monopole and equipment building. 9. The applicant shall provide the City documentation, from a structural engineer, at the time of building permit application confirming the structural integrity of the proposed monopole. 10. The applicant shall provide co -location opportunities, if technologically feasible to other wireless communication service providers. 11. The monopole tower and equipment building shall be in compliance with the submitted site plan shown on the attached Exhibit A. 12. Landscaping, as shown on the attached Exhibit B, shall be completed by November 1, 1997. To recommend approval/denial of a 76 foot Variance to allow a tower that is higher than the distance from the base of the tower to the nearest property line. �y FINANCIAL OBLIGATION - 2 -CU -7-2-97 Lot 3, Block 1, Bell Lexington Addition There are pay-off balances of special assessments totaling $11,534 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 system. Improvement Use Rate Quantity Amount None (76 5-0 C*/ off og- City of Eagan Conmunity Development Department OwtiLon Map US West Conditional Use Permit Case No.2-CU-7-2-97 N 700 0 700 Feet US West cfEogm Case No. 02 -CU -07-02-97 Zoning Map Current Zoning 1-1 Limited Industrial N Sao 0 500 1000 Feet Oty of Eagan Community Deveiopm t Department US West 40C.-YofEar° Case No. 02 -CU -07-02-97 Comprehensive Plan Map IND Limited Industrial N soo _ _ o soo 1000 Feer 1 Gty of Eagan C,on,rr,unity Developrrwft Department I) I "ro! 1.1 �.O f�lwlA wv (f oil to I � � e d b 7 0 e SEE FOR ON TYPICAL MONOPOLE LOCATION PLANTING LAYOUT COMMON NAME BOTANICAL NAME SIZE NOTES AUSTRIAN PINE PINUS NICRA BLACK MILLS SPRUCE PICEA CLAUCA DENSATA o MARSHALL SEEDLESS ASM FRAXINUS PENN. 'MARSHALLS SEEDLESS' 0 BUSH MONEYSUCKLE OIERVILLA LONICERA OCT. B&B PLANT 10' O.C. OCT. B&S PLANT 10' O.C. 2.5 CAL. B&B PLACE AS SHOWN /5 POT 3' O.C. OAM. HICHBUSH CRANBERRY VIBURNUM TRILOSUM 5' B&B 0 5 10 20 SCALE IN FEE' --- PLOT AT 1' 5' 0. C. N0T_S ///'j / S 'AIIHIIJ C -4a v. Yt cENCE TO BE C.a w 9 CAI.Z&�W RE •�:5 X12 'J' w. ?JS'S 01. °' EnrE-S w/FRCS, ?COT,4CSO JaA.c BRC•,VN upaS.ar- :araC az5 "-L .:-'P STRIPS APO':.: )Ir.C:.a A US West Communications 0- r aner EaganSite -MIN 178 Pole Height: 90ft Hut Height: loft Agenda Information Memo April 1, 1997 - Eagan City Council E. CONDITIONAL USE PERMIT - TARGET ACTION TO BE CONSIDERED: + To approve/deny a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and planting material and a temporary greenhouse structure to be located in the parking lot of the store located at 2000 Cliff Lake Road, on Lot 3, Block 1, Cliff Lake Centre, (PID # 10-17780-030-01) in the SW'/4 of Section 29 subject to the conditions in the APC minutes. FACTS: + The City Code allows seasonal outdoor sales as a conditional use within the commercial zoning districts of the city. + The current proposal includes the seasonal outdoor sale of plants and planting materials within a 20' x 40' greenhouse structure and within an outdoor sales area which is 20' x 110' and located directly adjacent to the greenhouse. A 4' x 20' enclosure for plants is also proposed directly in front of the building. The seasonal sale of plants and planting materials will be conducted from April 15`' and end July Th. The applicant has also included the outdoor display of pumpkins from October I' to October 315` ® In 1991-1994, the City Council approved Special Use Permits for the Target Store to operate a temporary greenhouse in the parking lot of the store and outdoor display area of pumpkins directly in front of the store. The applicant is proposing to amend the existing Special Use Permit and consolidate the uses into one Conditional Use Permit and to include the outdoor display of plants and planting material. The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on March 25, 1997, and recommends approval subject to the conditions in the APC minutes BACKGROUND/ ATTAC MENTS: (2) APC Minutes, pages through Staff Report, pages through I I1 Page 14 March 25, 1997 ADVISORY PLANNING CO1^HSSION CONDITIONAL USE PERMIT - TARGET Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit for the outdoor sale of plants, planting materials and a temporary greenhouse structure to be located in the parking lot on Lot 3, Block 1, Cliff Lake Centre located on Cliff Lake Road in the SWI/4 of Section 29. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in City staffs planning report dated March 10, 1997. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Dorgan -stated that the City recommends resubmission of the design due to the Fire Code which requires parking to be 30 feet from any building structure. A representative of the applicant, Mark Shefnick, expressed concern with the wording of the site plan which states that "all outdoor storage be placed within an enclosure not to exceed the height of the enclosure.", it was possible that certain plants for seasonal outdoor sales would exceed the height of the enclosure. No persons from the public were present for comment. Member Burdorf moved, Member Frank seconded, a motion to recommend approval oaf a Conditional Use Permit for the outdoor sale of plants, planting materials and a temporary greenhouse structure to be located in the parking lot on Lot 3, Block 1, Cliff Lake Centre located on Cliff Lake Road in the SWI/4 of Section 29, subject to the following conditions: 1 The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A revised site plan shall be submitted showing the temporary greenhouse structure located at the southeastern most comer of the parking lot at the end of the parking row. The CUP shall be continually subject to the following conditions: 1. The greenhouse and display area shall occur between April 120' and July 15th of each year. 2. The greenhouse and plant display areas shall be removed from the property by July 201h of each year. Page 15 March 25, 1997 ADVISORY PLANNING COMMISSION 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed as "no parking" and bordered with barricades while the greenhouse structure is in place and shall conform with the standards of the Uniform Fire Code. 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 seasonal outdoor sale shall consist of plants and plant products only. 7. A building permit is required for construction of the temporary greenhouse structure. 8. An enclosure shall be provided for all product display areas with the exception that trees and shrubs may exceed the height of the enclosure. 9. The pumpkin display area shall occur between October 1st and October 315L of each year. The display area shall be removed from the property by November 1" of each year. All voted in favor. 119 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 10, 1997 APPLICANT: Target Stores PROPERTY OWNER: Target Stores REQUEST: Conditional Use Permit LOCATION: 2000 Cliff Lake Road CASE #: 29 -CU -10-02-97 HEARING DATE: March 25, 1997 PREPARED BY: Steve Dorgan COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: PD - Planned Development SUMMARY OF REQUEST Target is requesting approval of a Conditional Use Permit (CUP) to allow the Seasonal Outdoor Sale of plants and plant products and a temporary greenhouse structure to be located in the parking lot of the store at 2000 Cliff Lake Road, on Lot 3, Block 1, Cliff Lake Centre, (P.I.D. # 10-17780- 030-01) in the SW 1/4 of Section 29. AUTHORITY FOR REVIEW Conditional Use Permit: 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. �TD Planning Report - CUP Target Seasonal Outdoor Sales March 25, 1997 Paue 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: Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they may 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) Adequate off street parking shall be provided ensuring that no obstruction or interference occurs within existing traffic patterns. b) No portion of the sale or event shall take place within any public right-of-way. A minimum 10 foot setback shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any property line of any residential use or residential zoned property. c) The site shall be kept in a neat and orderly manner and the display items shall not cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. d) The sale or event shall have no signs in violation of the Eagan City Code sign regulations. e) Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. Planning Report - CUP Target Seasonal Outdoor Sales March 25, 1997 Paize 3 f) The owner and/or operator of the sale or event shall have the written permission of the fee owner of the property on which the sale or event is located to use the specific site. g) Hours of operation shall be subject to this Chapter's regulations governing hours of operation for commercial businesses. h) No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. City Code Chapter 11, Section 11.40, Subd. 4, E states: Denial for compliance. If the Planning 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. BACKGROUND/ EXISTING CONDITIONS In 1993 and 1994, the City Council approve a Special Use Permit for a temporary greenhouse structure to be located in the parking lot of the Target store at 2000 Cliff Lake Road. The greenhouse operation was approved to occur between April 15 and July 7. Since that time, Target has installed a greenhouse structure at the specified location every year. In 1993, the City Council also approved a Special Use Permit for the outdoor sale of pumpkins within a 4' x 4'area at the front of the store from October 15` to October 31 S` The Special Use Permits approved by the City Council for Target's seasonal outdoor sales are now considered the same as a Conditional Use Permit in that it runs with the land as long as the use does not change. Therefore, the existing Special Use Permits provide Target the required approval to locate the temporary greenhouse and pumpkin sale at the approved location each year without renewal. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North - Cliff Lake Centre; zoned Planned Development (PD) and guided Commercial Planned Development (CPD) South - Rahn Cliff Planned Development; zoned Planned Development (PD) and guided Commercial Planned Development (CPD) East - I -35E Planning Report - CUP Target Seasonal Outdoor Sales March 25, 1997 Page 4 West - Park Center Planned Development; zoned Planned Development (PD) and guided Commercial Planned Development (CPD) EVALUATION OF REQUEST The City Zoning Code allows for seasonal outdoor sales as a conditional use within the commercial zoning districts of the city, subject to the adopted standards. Target received Special Use Permits for the placement of a greenhouse in the southeast corner of the parking lot of the store and for the sale of pumpkins in front of the store. The applicant is proposing to revise their existing Conditional Use Permit to include the outside display of plants and plant products and consolidate the previously approved uses into one permit. The revised permit will include; 800 square foot temporary greenhouse structure with an enclosure of plants and plant products within a 2200 square foot area located directly adjacent to the greenhouse. In addition, the applicant wishes to provide a 4' x 20' sidewalk display of plants directly in front of the store. The sale will occur between April 12' and July 15' of each year. The seasonal outdoor sale of pumpkins within a 4' x 4' display area at the front of the store will continue to operate from October 1" to October 31'. Compatibility with Surrounding Area - The proposed site is zoned and guided for commercial uses. The Target property is part of the Cliff Lake Shopping Center. All of the properties surrounding the proposed site are also zoned and guided for commercial uses. The seasonal outdoor sale of plant products within the parking lot of the site appears to be consistent with the uses of the surrounding area. Site Plan - The greenhouse structure is proposed to be located at the southern most end of the parking lot along Cliff Road. The greenhouse and plant product display area within the parking lot will occupy a 20' x 150' area which will eliminate approximately 15 parking spaces for the duration of the sale. Also proposed is a 4' x 20' display area proposed to be located in front of the store. Both locations will display plants and plant material including trees, shrubs, roses and soil. The proposed display areas at the front of the store do not appear to interfere with vehicular or pedestrian traffic. City Code requires all outdoor storage be placed within an enclosure not to exceed the height of the enclosure. The proposal includes the temporary placement of fencing around the outdoor display area of plants and plant materials. The proposed seasonal outdoor sale meets the minimum 10 foot setback from property lines required by City Code. Building - The applicant is proposing to install a temporary greenhouse structure 20' x 40' (800 square feet) in size. Plants and bedding materials will be sold within the greenhouse. The greenhouse and display area should be removed by July 20' of each year. Fire/Safety - The Uniform Fire Code requires that all temporary membrane structures be located a minimum of 30 feet from any parked automobile. To reduce the overall number of parking spaces IY3 Planning Report - CUP Target Seasonal Outdoor Sales March 25, 1997 Page 5 lost, the temporary greenhouse should be located at the southeast corner of the parking lot at the end of the parking row adjacent to the existing curbs. All parking spaces within 30 feet of the temporary greenhouse should be designated "no parking" bordered with barricades while the structure is standing. Access/Circulation - The proposed greenhouse and outside display areas does not appear to interfere with vehicular or pedestrian traffic on the site. The proposed use will occupy 15 parking spaces, however all drive aisles will be open for vehicular movement. Signage - No signs are proposed as part of the seasonal outdoor sale. Any signage should conform with City Code standards. Parking - Currently, 560 parking spaces are provided on site. The proposed use will occupy 15 parking spaces along the south property line. The City has no record of parking problems associated with the site. Therefore, the temporary loss of 15 parking spaces should not cause any parking problems related to the proposed use. SUMMARY/CONCLUSION The temporary greenhouse structure and plant display area will be located at the southeast corner of the parking lot. A plant display area will also be located at the front of the store. The sale will occur between April 12d' and July 15"' of each year. Also, the seasonal outdoor sale of pumpkins will continue to operate at the front of the store from October 1" to October 3151 of each year. The applicant has operated the seasonal outdoor sale of plants and plant products within a greenhouse structure and the outdoor sale of pumpkins since 1993. The proposed location of the greenhouse and display areas should not affect vehicular or pedestrian traffic on-site. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and plant materials and a temporary greenhouse structure to be located in the parking lot of the store located at 2000 Cliff Lake Road, on Lot 3, Block 1, Cliff Lake Centre, (P.I.D. # 10- 17780-030-01) in the SW 1/4 of Section 29. 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. 2. A revised site plan shall be submitted showing the temporary greenhouse structure located at the southeastern most comer of the parking lot at the end of the parking row. ;' CL- Planning Report - CUP Target Seasonal Outdoor Sales March 25, 1997 Page 6 The CUP shall be continually subject to the following conditions: 1. The greenhouse and display area shall occur between April 12'b and July 15" of each year. 2. The greenhouse and plant display areas shall be removed from the property by July 20'b of each year. 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed as "no parking" and bordered with barricades while the greenhouse structure is in place and shall conform with the standards of the Uniform Fire Code. 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 seasonal outdoor sale shall consist of plants and plant products only. 7. A building permit is required for construction of the temporary greenhouse structure. 8. An enclosure shall be provided for all product display areas. 9. The pumpkin display area shall occur between October 15' and October 31" of each year. The display area shall be removed from the property by November 1" of each year. ��l FINANCIAL OBLIGATION - 29 -CU -10-2-97 Lot 3, Block 1, Cliff Lake Center There are pay-off balances of special assessments totaling $24,939 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 system. Improvement Use Rate Quantity Amount None / 6 5-0 GAT 110�'•IIW00111r:10 Alt 11 I ONE ■■■■■ ■CIM i■■■iM cl mm of M.■■ I- no ---- A ©3 :j silo i :0 l eni /.()Hl fig Ed Develonnie Es :10 0 Pi 0 ME1L a W , mm ME mm INININNIN hz :J FwTil N M. W, :JF -o =I:.* I I.=- re FROM : Panasonic FAX SYSTEM PHONE NO. : May. 30 1996 03:08PM P2 TARGET GARDEN CENTER PLANS 2000 Cliff Lake Road Eagan, Minnesota 55122 Lot 3, Block 1, Cliff Lake Center Target would like to put up a Garden Center. The Dates would be 4/12/97 to 7/1/97 Plant Hut would be 20 x 40 Total outside space would be 20' wide by 150' long Sidewalk display 4' x 20' We would be selling: Inside -Bedding and color annuals Outside • Trees, shrubs, roses and soil Use existing zoning classification current use of this area is parking lot space Surrounding land is parking lot and lawn Will use existing parking lights Hours would be 8:00 a.m. to 10:00 p.m. Two 4 x 4 displays of pumpkins on each side of main doors 10/1 to 10/31 Fenceing going around the outside plants, trces and shrubs 0 £d Wd60:60 966T ST -6eW 3Q1 ina O1 301 Ino n. ON 3NOHd Mm W91SAS Xbd Otuo52ued : WOd= Agenda Information Memo April 1, 1997 - Eagan City Council F. CONDITIONAL USE PERMIT - CUB FOODS ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and planting material and a temporary greenhouse structure to be located in the parking lot of the store located at 1940 Cliff Lake Road, on Lot 1, Block 1, Cliff Lake Centre, (PID # 10-17780-010-01) in the SW %4 of Section 29 subject to the conditions in the APC minutes. FACTS: • The City Code allows seasonal outdoor sales as a conditional use within the commercial zoning districts of the city. • The current proposal includes the seasonal outdoor sale of plants and planting materials within a 21' x 60' greenhouse structure and within an outdoor sales area which is 20' x 100' and located directly adjacent to the greenhouse. The seasonal sale of plants and planting materials will be conducted from April 13' and end June 13`x. q In 1991-1994, the City Council approved Special Use Permits for the Cub Foods to operate a temporary greenhouse in the parking lot of the store. The applicant is proposing to amend the existing Special Use Permit and consolidate the uses into one Conditional Use Permit and to include the outdoor display of plants and planting material. • The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on March 25, 1997, and recommends approval subject to the conditions in the APC minutes BACKGROUND/ ATTC NTS. 2 APC Minutes, pages through. Staff Report, pages througbn2_��. !F3 Page 16 March 25, 1997 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT - CUB FOODS Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit for the outdoor sale of plants, planting materials and a temporary greenhouse structure to be located in the parking lot on Lot 1, Block 1, Cliff Lake Centre located on Cliff Lake Road in the SWI/4 of Section 29. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in City staffs planning report dated March 10, 1997. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. Representatives of the applicant were present and available for questions. No persons from the public were present for comment. In response to Member Miller's inquiry, Mr. Dorgan stated that the applicant was aware of the Code and had requested the dates as shown. Member Bakken moved, Member Miller seconded, a motion to recommend approval of a Conditional Use Permit for the outdoor sale of plants, planting materials and a temporary greenhouse structure to be located in the parking lot on Lot 1, Block 1, Cliff Lake Centre located on Cliff Lake Road in the SWI/4 of Section 29. 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 greenhouse and display area shall occur between April 131h and June 13`h of each year. 2. The greenhouse shall be removed from the property by June 201h of each year. 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed "no parking" and bordered with a barricade while the structure is standing and shall conform with the standards of the Uniform Fire Code. 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. Page 17 March 25, 1997 ADVISORY PLANNING COMMISSION 6. A building permit is required for the construction of the temporary greenhouse structure. 7. An enclosure shall be provided for all product display areas with the exception that trees and shrubs may exceed the height of the enclosure. 8. The seasonal outdoor sale shall consist of plants and plant products only. 9. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan shown on the attached Exhibit A. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE:, March 11, 1997 APPLICANT: Cub Foods PROPERTY OWNER: Super Value Holdings, Inc. REQUEST: Conditional Use Permit LOCATION: 1940 Cliff Lake Road CASE #: 29 -CU -11-02-97 HEARING DATE: March 25, 1997 PREPARED BY: Steve Dorgan COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: PD - Planned Development SUMMARY OF REQUEST Cub Foods is requesting approval of a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and plant products and a temporary greenhouse structure to be located in the parking lot of the store at 1940 Cliff Lake Road, on Lot 1, Block 1, Cliff Lake Centre, (P.I.D. # 10- 17780-010-01) in the SW 1/4 of Section 29. AUTHORITY FOR REVIEW Conditional Use Permit: 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. Planning Report - CUP Cub Foods Seasonal Outdoor Sales March 25, 1997 Paize 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: Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they may 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) Adequate off street parking shall be provided ensuring that no obstruction or interference occurs within existing traffic patterns. b) No portion of the sale or event shall take place within any public right-of-way. A minimum 10 foot setback shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any property line of any residential use or residential zoned property. c) The site shall be kept in a neat and orderly manner and the display items shall not cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. d) The sale or event shall have no signs in violation of the Eagan City Code sign regulations. Planning Report - CUP Cub Foods Seasonal Outdoor Sales March 25, 1997 Paee 3 e) Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. f) The owner and/or operator of the sale or event shall have the written permission of the fee owner of the property on which the sale or event is located to use the specific site. g) Hours of operation shall be subject to this Chapter's regulations governing hours of operation for commercial businesses. h) No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. City Code Chapter 11, Section 11.40, Subd. 4, E states: Denial for compliance. If the Planning 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. BACKGROUND/ EXISTING CONDITIONS From 1991-1994, Cub Foods was approved for a Special Use Permit by the City Council for a temporary greenhouse structure located in the parking lot of the Cub Food store at 1940 Cliff Lake Road. The greenhouse structure was approved to occur from early April until the middle of June. Since that time, Cub Foods has installed a greenhouse structure within the parking lot north of the building along Cliff Lake Road every year. The Special Use Permit approved by the City Council for Cub Food's seasonal outdoor sale is considered the same as a Conditional Use Permit in that it runs with the land as long as the use does not change. Therefore, the existing Special Use Permit provides Cub Foods the required approval to locate the temporary greenhouse on-site without renewal each year provided the greenhouse is placed in the location approved by the Special Use Permit. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North - Cliff Lake Townhomes; zoned Planned Development (PD) and guided D -III (Mixed Residential 6-1.2 units/acre) South - Cliff Lake Centre; zoned Planned Development (PD) and guided Commercial Planned Development (CPD) Planning Report - CUP Cub Foods Seasonal Outdoor Sales March 25, 1997 Page 4 East - Cliff Lake Shores; zoned Planned Development (PD) and guided Commercial Planned Development (CPD) West - Cliff Lake Townhomes; zoned Planned Development (PD) and guided D -III (Mixed Residential 6-12 units/acre) EVALUATION OF RE UEST The City Zoning Code allows for seasonal outdoor sales as a conditional use within the commercial zoning districts of the city subject to the adopted standards. Cub Foods application for a Conditional Use Permit provides for changes to their approved Special Use Permit. The changes include the relocation of the greenhouse from the side of the store to the parking lot at the front of the store and the addition of a display area adjacent to the greenhouse. The applicant has applied for a Conditional Use Permit for the seasonal outdoor sale of plants and plant products to revise it's existing CUP. The proposal includes a 21' x 60' (1,260 SF) temporary greenhouse structure with an enclosed display of plants and plant products within a 2000 SF area located directly adjacent to the greenhouse. The sale will occur between April 13'' and June 13'h of each year. Compatibility with Surrounding Area - The proposed site is zoned and guided for commercial uses. The property is part of the Cliff Lake Shopping Centre which is zoned and guided for commercial uses. Residential townhomes are located across Cliff Lake Road to the north and west and behind the building to the east. The seasonal outdoor sale of plant products within the parking lot of the site appears to be consistent with the retail uses of the surrounding area. Site Plan - The greenhouse structure is proposed to be located at the north end of the parking lot toward the front of the store. The greenhouse and plant product display area will occupy a 40' x 80' area which will eliminate approximately 18 parking spaces for the duration of the sale. City Code requires seasonal outdoor sales to be setback a minimum of 100 feet from any residential property line. The proposed greenhouse and display area meet the required setback from the residential properties across Cliff Lake Road. City Code also requires all outdoor storage be placed within an enclosure. The proposal includes the temporary placement of a 3 feet high cedar split rail fence to enclose the outdoor display area. Building - A 21' x 60' (1,260 SF) temporary greenhouse structure which will be 12' in height is proposed for the site. Plants and bedding materials will be sold within the greenhouse. The greenhouse and display area should be removed by June 20'h of each year. Fire/Safe"- - The Uniform Fire Code requires that all temporary membrane structures be located a minimum of 30 feet from any parked automobile. All parking spaces within 30 feet of the temporary greenhouse should be designated "no parking" and bordered with a barricade while the structure is standing. Planning Report - CUP Cub Foods Seasonal Outdoor Sales March 25, 1997 Page 5 Access/Circulation - The proposed greenhouse and outside display areas does not appear to interfere with vehicular or pedestrian traffic on the site. The proposed use will occupy 18 parking spaces, however all drive aisles will be open for vehicular circulation. Signage - No signs are proposed as part of the seasonal outdoor sale. All signs should conform with City Code standards. Parking - Currently, 406 parking spaces are provided on site. The proposed use will occupy 18 parking spaces within a parking row along the north portion of the parking lot. The City has no record of parking problems associated with the site. Therefore, the temporary loss of 18 parking spaces should not cause any parking problems related to the proposed use. SUMMARY/CONCLUSION The temporary greenhouse structure and plant display area will be located at the north end of the parking lot. The sale will occur between April 15`' and June 150' of each year. The applicant has operated the seasonal outdoor sale of plants and plant products within a greenhouse structure since 1991. The proposed location of the greenhouse and display area does not appear to interfere with vehicular or pedestrian traffic on-site. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and plant materials and a temporary greenhouse structure to be located in the parking lot of the store located at 1940 Cliff Lake Road, on Lot 1, Block 1, Cliff Lake Centre, (P.I.D. # 10- 17780-010-01) in the SW 1/4 of Section 29. 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 greenhouse and display area shall occur between April 13`b and June 13' of each year. 2. The greenhouse shall be removed from the property by June 20`b of each year. 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed "no parking" and bordered with a barricade while the structure is standing and shall conform with the standards of the Uniform Fire Code. a00 Planning Report - CUP Cub Foods Seasonal Outdoor Sales March 25, 1997 Page 6 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. A building permit is required for the construction of the temporary greenhouse structure. 7. An enclosure shall be provided for all product display areas. 8. The seasonal outdoor sale shall consist of plants and plant products only. 9. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan shown on the attached Exhibit A. ,QUI FINANCIAL OBLIGATION - 29 -CU -11-2-97 Lot 1, Block 1, Cliff Lake Center 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 system. Improvement Use Rate Quantity Amount None Ca Lo i AY WO 111010 ■ ITI 110010 17 �i♦- �`: C iii -�` =�, :C IM�i►�, .� .��memo w 1"0 0■ill rl• ent I-vning F�cJ Develonrr � 40, i -11 bl 7.0i'i ■ RSIMEM<f N i 11I■III11 a ■ ��I .•I1 1.Hi.11I-n'• Y a SUPERVALU Company 1940 Cliff Lake Road ® Eagan, Minnesota 55122 612 454 4606 February 24, 1997 T0: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 FROM: Margie Judd Eagan Cub Foods PURPOSE: APPLICATION FOR PD AMENDMENT 7- - .S r - r. ) i - We are applying for a PD Amendment to construct a hoop/framed greenhouse. We would have set-up starting approximately April 16, 1997. Total set-up time is one to two days. Take down (one day) of the unit will be the week of June 13, 1997. Construction will be done by the following company: Bailey Nurseries, Inc. 1325 Bailey Rd. St. Paul, MN 55119 Site location, design and frame detail, and materials to be used are included on the following pages. 1. The proposed space is located on the northwest side of the parking lot. (see attached) This is our employee lot. We will move the employee lot to the west end of the lot. 2. The actual greenhouse is approximately 21' X.601. It is secured to the ground with stakes that are inside the rounded steel pipes that comprise the inner structure of the greenhouse. Included in this seasonal space is an outside selling area for shrubs and potted plants. The total parking space needed is approximately 18 spaces. Around the outside selling space adjacent to the green- house is a temporary cedar split rail fence. 3. The hours we are -open will be 7:00 a.m. to 9:00 p.m. We will be selling annuals, perennials, shrubs, dirt, compost and fertilizer. If there are any other concerns, please feel free to contact me personally and it will be promptly responded to. Sincerely,` �V Margie 'Judd' Store Manager Eagan Cub Foods Enclosures a SUPERVALU Company 1940 Cliff Lake Road ® Eagan. Minnesota 55122 612 454 4606 Written narrative describing the request: We at Cub Foods Eagan, are requesting a PD amendment to construct a seasonal Greenhouse. The Comprehensive Guide Plan designation is CPD commercial planned development. The zoning classification according to Eagans City zoning map indicates subject area is zoned PD. This is part of Eagan Hills West PD indicated 4/3/1979. We are planning an outdoor sales area with the Greenhouse to be constructed sometime between the week of April 16th through the 23rd and will remain up until June 13th. The hours will be from lam to 9pm, Sunday through Saturday. The set up usually takes 1-2 days and the take down is 1 day. Existing land uses on subject property is a retail grocery store and parking areas. The surrounding land use and zoning within 660 feet is planned development with a mix of commercial and residential. - North -Cliff Lake: zoned PD; guided D -III mixed residential. - South -Cliff Lake Centre; zoned PD guided CPD - East -Cliff Lake Shore; zoned PD guided CDP - West -Cliff Lake Centre; zoned PD guided CPD Written narrative addressing the following questions: 1. What impact does the rezoning have? Rezoning will not have any negative impact on the surrounding property and land use. The construction of the Greenhouse will be on our property and in parking spaces being used by our employees. It will have a positive impact and reflection for Eagan residents by beautifying their homes and upgrading their landscapes. The planting of flowers, shrubs and trees is right for the environment. 2. What impact does the rezoning have on the subject property? The PD amendment will not have any negative impact on the subject property because our employees will be instructed to park on the far west end of the lot. Employees will be parking where snow is now piled. The Greenhouse and outdoor sales area will take up approximetly 18 parking spots. The area is approximetly 40x80. 3. What impact does the rezoning have on City services? The PD amendment will have minimal impact on city services. Watering will be only as needed. Mother nature will take care of the rest. If watering needs to be done it will be added revenue for the City in water usage. All clean-up and maintenance will be done by Cub employees. No City services will be needed. 4. Does the requested land use proposed by the rezoning result in better use of the land? The request for the PD amendment will result in better land use. Cub has operated a Greenhouse in this location for the past eight years and the residents in this area inquire about it. They want to upgrade their residence and show that Eagan is a great place to live. Cub offers the best Greenhouse around and the PD amendment will result in long term better use of the land. Attached is a description and plan for the Greenhouse along with a scaled drawing of the site location. M i I AN ,'40rfS: � :. FI Yrr•YrN =�.� L. •r 4LrY •WLL LNLti •, .JY rJ•.•.N .IM.wL..W wLI�..MYY•M .-tl •+. IYN.n ..� ..d •. i! s �'•rrj��iiJ �� Y N.Y it i •,�•9. OA -T jwr raf r r�• ♦ rt.N •.L•w. M R..M... Y.L. My. A •YLMp1. 1 � � •til ••LL+LL YYr1.. ..IY S •�• ..•Y .•..'L . i .•L Y. ' .Lnwv L.. L�.u. r L.n ww M •rw....•n..rw rwi�+�•.IL wr f " .If1 P". ••- a�� FEB— 1 9-97 ldET, 10 :09 R11.1 f -fa I LEY. NURS. INC n_ ti 0 r \ 1 z de.1 V - I 8096 829 88:+4 F.03 Agenda Information Memo March 18,1997, Eagan City Council G. CONDITIONAL USE PERMIT - KNOX LUMBER ACTION TO BE CONSIDERED: > To approve or deny a Conditional Use Permit to allow the outdoor storage of plants, bagged planting materials and garden supplies at 2905 Lexington Avenue, legally described as Lot 1, Block 1, Eagandale Center Industrial Park, located on the west side of Lexington Avenue and north of Lone Oak Road in the SE'/< of Section 3. FACTS: > The facility was constructed in 1988. At that time a conditional use permit was issued for a retail lumber facility with outside storage of lumber and related building materials, a pylon sign and a fence over six feet in height. > Knox is proposing to add a garden center to this store. The applicant proposes outdoor storage for the garden center within the fenced area at the northeast corner of the building between April 15 and October 15 each year. Outdoor storage in this area currently consists of fence sections, landscape timbers and similar items. The outdoor storage associated with the garden center will include plants, bagged planting materials and garden supplies. > The proposed garden center also includes the construction of a permanent shade structure attached to the northeast comer of the building. The structure is about 14 feet in height, spans about 2270 square feet and meets all building setbacks. > The Advisory Planning Commission held a public hearing on March 25, 1997, and recommended approval of the Conditional Use Permit, subject to the conditions outlined in the APC minutes. ISSUES: > Since the APC meeting, Knox has clarified that the garden supplies proposed to be stored outside may include lawn furnishings such as trellises, planters and patio furniture, and equipment such as lawn mowers and wheelbarrows. ATTACHMENTS: March 25, 1997 APC Minutes, pages c21.�-tl---,�=rte. Staff Report, page*- ?..ough�l SII Page 18 March 25, 1997 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT - KNOX LUMBER Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit for the outdoor storage of plants, planting materials and garden supplies on Lot 1, Block 1, Eagandale Center Industrial park located on the west side of Lexington Avenue and north of Lone Oak Road in the SEV4 of Section 3. Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated March 19, 1997 and noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak noted that in reference to the structure, Knox Lumber Company has modified its request to make the structure 2,300 square feet rather than 1,700 square feet. Ms. Dudziak noted that this new measurement still meets the approved structure setbacks. A representative of the applicant, Jonathan Miller, presented a revised plan with the modified request of the structure. No persons from the public were present for comment. In response to Member Miller's inquiry, Ms. Dudziak noted that a fence currently exists along the outside of Knox Lumber Company. Member Burdorf moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit for the outdoor storage of plants, planting materials and garden supplies on Lot 1, Block 1, Eagandale Center Industrial park located on the west side of Lexington Avenue and north of Lone Oak Road in the SETA of Section 3, subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of City Council approval and proof of its recording provided to the City. 2. Outdoor storage of garden materials consisting of plants and bagged plant materials such as soil, fertilizer, peat, decorative rock and bark, etc. shall be permitted only between April 15 and October 15 of each year. 3. There shall be no outside sales or displays All voted in favor. d« PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 1997 APPLICANT: Knox Lumber Company PROPERTY OWNER: Payless Cashways Inc. REQUEST: Conditional Use Permit LOCATION: 2905 Lexington Avenue COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST CASE: 3 -CU -6-2-97 HEARING DATE: March 25, 1997 PREPARED BY: Pamela Dudziak Knox Lumber Company is requesting a Conditional Use Permit to allow outdoor storage of plants and plant materials at 2905 Lexington Avenue, located on the west side of Lexington Avenue north of Lone Oak Road in the southeast'/4 of Section 3. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. a� 3 Planning Report - Knox Lumber March 25, 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. Subdivision 4.1), 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. Section 11. 10, Subdivision 29.C.1, Outdoor Storage by Businesses - Performance Standards, states that in addition to the above standards for conditional use permit outdoor storage shall conform to the following standards: A. Outdoor storage items shall be placed within an enclosure B. All such enclosures shall be attached to the principal building except in the Limited Industrial District. C. The enclosure shall be made of material suitable to the building and the items to be stored. D. The enclosure shall not encroach into any established front building setback area or other required setbacks. E. The enclosure shall not interfere with any pedestrian or vehicular movement. F. The items to be stored shall not exceed the height of the enclosure. G. The display area shall not take up required parking spaces or landscaping areas. H. The display area shall be surfaced with concrete -or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. a � Planning Report - Knox Lumber March 25, 1997 Page 3 I. The square footage of outdoor display area shall be included in the calculation of required off-street parking for the principal use of the property. BACKGROUND/HISTORY The property was platted as Eagandale Center Industrial Park No. 10 and the facility constructed in 1988. At that time, a conditional use permit was issued for a retail lumber facility with outside storage for lumber and related building materials, a pylon sign and a fence over six feet in height. EXISTING CONDITIONS The property is currently developed with an approximately 50,000 square foot sales building and a commodity storage building of approximately 18,000 square feet. Parking is provided south and east of the building. Lumber and related building materials are stored in a fenced yard on the west side of the property, closest to I -35E. Other items such as fence materials and landscape timbers are currently stored in the fenced area at the northeast comer of the building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Billboard and Single-family residence, Zoned Agricultural; Guided IND, Limited Industrial South - Vacant Lot; Zoned I-1, Limited Industrial; Guided IND, Limited Industrial East - Residential (McKee Addition); Zoned R-, Single Family Residential, Guided D -I, Single -Family Residential West - I -35E; west of I -35E is Zoned I-1, Limited Industrial and Guided IND, Limited Industrial EVALUATION OF REQUEST Description of Request - Knox Lumber is proposing to add a garden center. The outdoor storage of plants and plant materials associated with the garden center is proposed to be located at the northeast corner of the existing building. The garden center will have outdoor storage of plants, primarily potted shrubs, and bagged goods such as soil, peat, bark, mulch and decorative rock. The applicant proposes outside garden storage between April 15 and October 15. This proposal is not considered "seasonal outdoor sales" because the April 15 to October 15 time frame exceeds 90 days. Therefore, the recently adopted seasonal outdoor sales and temporary outdoor events ordinance does not apply. Structure - The garden center proposal involves the construction of a permanent shade structure to protect plants stored outside. The structure consists of a painted steel pipe frame with verticals on frost footings approximately twenty feet apart. To protect plants stored outside, a cloth a�� Planning Report - Knox Lumber March 25, 1997 Page 4 material will be stretched across the top of the frame structure. There will be no sprinkler piping in the structure. The height of the shade structure is fourteen feet and the storage area is 51 feet by 40 feet at its largest points and has a total area of approximately 1700 square feet. The frame structure will remain in place. year around. Outdoor Storage - The proposed outdoor storage is located within a paved area adjacent to the building. The entire paved area is surrounded by an eight foot chain link fence on the east and west and wood fence to the north. The fence is connected to the building to completely enclose the area. Within this enclosure a frame structure is proposed to be constructed and attached to the building. The location of the frame structure exceeds minimum building setback requirements from all property lines. The garden storage items are not anticipated to exceed the height of the fence enclosure. Drive Aisle/Parkin - The outdoor storage area should not interfere with either pedestrian or vehicle traffic because it is separated from the parking lot and sidewalk by the fence. The site plan shows 221 stalls are currently provided and staff has no indication that this amount is inadequate. Should parking become a problem in the future, a portion of the storage yard could be converted to parking. SUMMARY/CONCLUSION Knox Lumber is requesting approval of a Conditional Use Permit for outdoor storage of plants and plant materials to add a garden center to their retail lumber facility. The proposed outdoor storage appears compatible with the existing use of the property and the surrounding area. The storage area is already screened from adjacent property by the wood fence along the north side of the property. ACTION TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit for outdoor storage of plants and plant materials for property located at 2905 Lexington Avenue, northeast of Lone Oak Road and Lexington Avenue, in the southeast'/4 of Section 3. Approval should be subject to the following conditions. 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of City Council approval and proof of its recording provided to the City. 2. Outdoor storage of garden materials consisting of plants and bagged plant materials such as soil, fertilizer, peat, decorative rock and bark, etc. shall be permitted only between April 15 and October 15 of each year. 3. There shall be no outside sales or displays. FINANCIAL OBLIGATION - 3 -CU -6-2-97 Lot 1, Block 1, Eagandale Center Industrial Park #10 There are pay-off balances of special assessments totaling $19,892 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 system. Improvement Use Rate Quantity Amount None $0 Gcy n(Eog- Gty of Eagan Community Development Department Location Map Knox Conditional Use Permit Case No.3-CU-6-2-97 N 700 0 700 Feet 4,11�- Knox Lumber C* o(Eagan Case No. 03 -CU -06-02-97 N 500 0 500 1000 Feet V Zoning Map Current Zoning I-1 Limited Industrial PD /J PD 4 0 Gty of Eagan Community Development Department Knox Lumber cnyo(Eogan Case No.03-CU-00-02-97 Comprehensive Plan Map IND Limited Industrial MO o N SM II a� Qty of Eagan Community Development Department I m LEXINGTON AVENUE SOUTH as i —7 17, KNOX LUMBER COMPANY EAGAN, uN FIII STOFE #234 Ij . . . R i ZT I — — — — — — — — — — — — I ----------------- -------------------- I --------- SDD7.r3IrE 533.49 1 LEXINGTON AVENUE SOUTH as i —7 17, KNOX LUMBER COMPANY EAGAN, uN FIII STOFE #234 Agenda Information Memo April 1, 1997 - Eagan City Council H. CONDITIONAL USE PERMIT & VARIANNCE - RAINBOW FOODS ACTION TO BE CONSIDERED: * To approve/deny a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and planting materials and a temporary greenhouse structure to be located in the parking lot of the store located at 1276 Town Centre Drive, on Lot 1, Block 1, Town Centre 70 Second Addition, (PID # 10-77026-010-01) in the SW 1/4 of Section 29 subject to the conditions in the APC minutes. To approve/deny a Variance to allow two 24 square foot temporary business signs to be placed on the property during the temporary business sale from April 12`� to July 12`b of each year subject to the conditions in the APC minutes. FACTS: * The City Code allows seasonal outdoor sales as a conditional use within the commercial zoning districts of the city. + The current proposal includes the seasonal outdoor sale of plants and planting materials within a 21' x 48' greenhouse structure and within an outdoor sales area which is 21' x 20' and located directly adjacent to the greenhouse. The seasonal sale of plants and planting materials will be conducted from April 12" and end July 12`x. The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on March 25, 1997, and recommends approval subject to the conditions in the APC minutes ISSUES: + The applicant is requesting a Variance to the City Code to allow two 24 square foot temporary signs (48 total square feet) for the duration of the seasonal sale. The City Code allows temporary signs up to 25 square feet for a period of 10 continuous days. The applicant claims a hardship is created because he is unable to install signs for the duration of the sale; however, a hardship has not been cited for doubling the amount of signage allowed. BACKGROUND/ ATTACHMENTS- (2) APC Minutes, pages through�� Staff Report, pages_ � throu a�a- Page 19 March 25, 1997 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT - RAINBOW FOODS Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit for the outdoor sale of plants, planting materials and a temporary greenhouse structure to be located in the parking lot on Lot 1, Block 1, Town Centre 70 Second Addition on Town Centre Drive, west of Denmark Avenue in the NWV4 of Section 15. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in City staff s planning report dated March 19, 1997. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. Pat Branson, owner of Quality Flowers, requested that the dates in Condition No. 1 be changed to April 12th and July 12th of each year. Member Miller suggested that Condition No. 2 also be changed from July 5th to July 12th. No persons from the public were present for comment. Member Bakken suggested that Condition No. S be modified to read as follows: An enclosure shall be provided for all product display areas with the exception that trees and shrubs may exceed the height of the enclosure. Member Burdorf moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit for the outdoor sale of plants, planting materials and a temporary greenhouse structure to be located in the parking lot on Lot 1, Block 1, Town Centre 70 Second Addition on Town Centre Drive, west of Denmark Avenue in the NWV4 of Section 15, subject to the following conditions: 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 greenhouse and display area shall occur between April 12`h and July 12`h of each year. 2. The greenhouse shall be removed from the property by July 12`h of each year. a ca ]5 Page 20 March 25, 1997 ADVISORY PLANNING COMMISSION 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed as "no parking" and bordered with barricades while the structure is standing and shall conform with the standards of the Uniform Fire Code. 4 No outdoor storage other than which is approved by the City shall occur on the site. 5. All signage shall meet City Code requirements. 6. The seasonal outdoor sale shall consist of plants and plant products only. 7. A building permit is required for the construction of the temporary greenhouse structure. 8. An enclosure shall be provided for all product display areas with the exception that trees and shrubs may exceed the height of the enclosure. 9. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan shown on the attached Exhibit A. All voted in favor. Member Burdorf moved, Member Bakken seconded, a motion to recommend approval of a Variance to allow two 24 square foot temporary business signs to be placed on the property during the temporary business sale from April 12`h to July 12`h of each year. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 12, 1997 APPLICANT: Quality Flowers (Rainbow) PROPERTY OWNER: United Properties REQUEST: Conditional Use Permit LOCATION: 1276 Town Centre Drive COMPREHENSIVE PLAN: CA - Central Area ZONING: CSC - Commercial Shopping Center SUMMARY OF REQUEST CASE #: 15 -CU -8-2-97 HEARING DATE: March 25, 1997 PREPARED BY: Steve Dorgan Quality Flowers is requesting approval of a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and plant products and a temporary greenhouse structure to be located in the parking lot of the store and a Variance to the sign code standards to allow two 24 square foot temporary business signs for the duration of the sale at 1276 Town Centre Drive, on Lot 1, Block 1, Town Centre 70 Second Addition, (P.I.D. # 10-77026-010-01) in the NW 1/4 of Section 15. AUTHORITY FOR REVIEW Conditional Use Permit: 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. Planning Report - CUP Quality Flowers (Rainbow Foods) March 14, 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: Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they may 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) Adequate off street parking shall be provided ensuring that no obstruction or interference occurs within existing traffic patterns. b) No portion of the sale or event shall take place within any public right-of-way. A minimum 10 foot setback shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any property line of any residential use or residential zoned property. c) The site shall be kept in a neat and orderly manner and the display items shall not cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. d) The sale or event shall have no signs in violation of the Eagan City Code sign regulations. Planning Report - CUP Quality Flowers (Rainbow Foods) March 14, 1997 Paae 3 e) Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. f) The owner and/or operator of the sale or event shall have the written permission of the fee owner of the property on which the sale or event is located to use the specific site. g) Hours of operation shall be subject to this Chapter's regulations governing hours of operation for commercial businesses. h) No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. City Code Chapter 11, Section 11.40, Subd. 4, E states: Denial for compliance. If the Planning 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. Variance: City Code Chapter 11, Section 11.40, Subd. 3, C., states: 1. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That the granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/ EXISTING CONDITIONS In 1994, the City Council approved a Special Use Permit for an outdoor sale within the parking lot of the Rainbow Foods store. The permit was for the sale of produce within the parking lot for a duration of three days. There is no record of a permit approved for a greenhouse to operate on the proposed site. �a� Planning Report - CUP Quality Flowers (Rainbow Foods) March 14, 1997 Page 4 SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North - Burger King, Arby's, Taco Bell, and KFC; zoned Commercial Shopping Center (CSC) and guided Central Area (CA) South - Town Centre Shopping Center; zoned Commercial Shopping Center (CSC) and guided Central Area (CA) East - Town Center Shoppes; zoned Planned Development (PD) and guided Central Area (CA) (CPD) West - I -35E, Pizza Hut, Applebees; zoned Commercial Shopping Center (CSC) and guided Central Area (CA) EVALUATION OF RE UEST The City Zoning Code allows for seasonal outdoor sales as a conditional use within the commercial zoning districts of the city subject to the adopted standards. Quality Flowers has applied for a Conditional Use Permit for the seasonal outdoor sale of plants and plant products to be located in the center parking row at the back of the parking lot in front of the store. The proposal includes a 21' x 48' (1,008 SF) temporary greenhouse structure and an enclosure of plants and plant products within a 21' x 20' (420 SF) area located directly adjacent to the greenhouse. The sale will occur between April 15"' and June 30`h of each year. The applicant is also requesting a Variance to the sign standards of the City Code. The applicant is proposing two 24 square foot signs at the proposed location for the duration of the sale. Compatibility with Surrounding Area The property is part of the Town Centre Shopping Center which is zoned and guided for commercial uses. The seasonal outdoor sale of plant products within the parking lot of the site appears to be consistent with the retail uses of the surrounding area. Site Plan - The greenhouse structure is proposed to be located at the back of the parking lot along Town Centre Drive. The greenhouse and plant product display area will occupy a 21'x 68'(1,428 SF) area which will eliminate approximately 20 parking spaces for the duration of the sale. City Code requires all outdoor storage be placed within an enclosure not to exceed the height of the enclosure. The proposal includes the temporary placement of a 3 foot high cedar split rail fence to enclose the greenhouse and outdoor display area. The proposed seasonal outdoor sale meets the minimum 10 foot setback from property lines required by City Code. Building - A 21'x 48'(1,008 SF) temporary greenhouse structure which will be 12 feet in height is proposed for the site. Plants and bedding materials will be sold within the greenhouse. The greenhouse and display area should be removed by July 5`� of each year. Planning Report - CUP Quality Flowers (Rainbow Foods) March 14, 1997 Page 5 Fire/Safety - The Uniform Fire Code requires that all temporary membrane structures be located a minimum of 30 feet from any parked automobile. All parking spaces within 30 feet of the temporary greenhouse should be designated "no parking" and bordered with barricades while the structure is standing. Access/Circulation - The proposed greenhouse and outside display areas does not appear to interfere with vehicular or pedestrian traffic on the site. The proposed use will occupy 20 parking spaces, however all drive aisles will be open for vehicular circulation. Signage - Two 24 square foot signs and two flags are proposed to be placed above the entrance doors of the greenhouse. The applicant has not yet determined the design for the signs. City Code allows temporary signs for special business sales provided there are no more than three signs with a total combined area of less than 25 square feet. In addition, temporary business signs are limited to a period of ten days out of each calendar month. The applicant is requesting a Variance to the City Code standards to allow temporary signs that are larger than the size allowed by Code and be placed on the site for the duration of the sale. The temporary placement of two 24 square foot signs for the duration of the seasonal outdoor sale should have no detrimental impact off site. Parking - Currently, 330 parking spaces are provided on site. The proposed greenhouse and display area will occupy 20 parking spaces within a center parking row located at the back of the parking lot. The City has no record of parking problems associated with the site. Therefore, the temporary loss of 20 parking spaces should not cause any parking problems related to the proposed use. SUMMARY/CONCLUSION The temporary greenhouse structure and display area for plants and plant products will be located in a center parking row at the back of the parking lot. The sale will occur between April 15'b and June 30'b of each year. The proposed location of the greenhouse should not affect vehicular or pedestrian traffic on-site. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit (CUP) to allow the Seasonal Outdoor Sale of plants and plant materials and a temporary greenhouse structure to be located in the parking lot of the store located at 1276 Town Centre Drive, on Lot 1, Block 1, Town Centre 70 Second Addition, (P.I.D. # 10-77026-010-01) 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: aa01 Planning Report - CUP Quality Flowers (Rainbow Foods) March 14. 1997 Page 6 I. 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 greenhouse and display area shall occur between April 15'b and June 30'b of each year. 2. The greenhouse shall be removed from the property by July 5" of each year. 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed as "no parking" and bordered with barricades while the structure is standing and shall conform with the standards of the Uniform Fire Code. 4. No outdoor storage other than which is approved by the City shall occur on the site. 5. All signage shall meet City Code requirements. 6. The seasonal outdoor sale shall consist of plants and plant products only. 7. A building permit is required for the construction of the temporary greenhouse structure. S. An enclosure shall be provided for all product display areas. 9. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan shown on the attached Exhibit A. To recommend approval/denial of a Variance to allow two 24 square foot temporary business signs to be placed on the property during the temporary business sale from April 15`' to June 30`h of each year. a3 -O FINANCIAL OBLIGATION -15 -CU -8-2-97 Lot 1, Block 1, Town Centre 70 Second There are pay-off balances of special assessments totaling $986 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 system. Improvement Use Rate Quantity Amount None a3 � $0 City of Eagan Community Development Department Ab�, i Ov of Eog- Location Map Rainbow Foods N Conditional Use Permit Case No. 15 -CU -8-2-97 700 0 700 Feet o]IIII1*0k1l�:I9 E;u 15 —3 13 m i���■ �� � � Vii■ ■ ■� ■ ■■ ■Ir .ra■ r.■ ■ wo�mmaid CI-11e1191211PRO219191911OTORW= *c-V Rainbow Foods ��g°" Case No. 15-CU-08-02-97 Comprehensive Plan Map N Soo 0 am 1000 Feet CA Central Area City of Eagan Community Development Department T c 4 c A m FM .?0 �1 T0� N CF c0 •.--�. W � � m i T. I A II y I I !1 na IIII fill II lllllnlllllln I I IIIII I 11I II II _ Ifll) !III' rHll I SIIII1 I lii III (�Illllllll�llialltllll!ir1 � -_•� uII1111 11-717777rMITU J.410'TYP.-, I I I I I I I I I II Ii,O.lL 01 11 111111111 UH i IIY II I 1 H.1 1.11 L �,, �J 'jO;� 1 30' 5' 141 1 ' 100. 7' 265' 0 SER VICE �1 m 100 0• N W v 41' 100' A 1 !i'�II;'�I; III !I'I�IIII III i Ln 44„ 61 Q I�illlillll lllllilihl;IfIIII I I I I L rNn C T.. m m rm L60, R, FM n I 20 W o T. I A II y I I !1 na IIII fill II lllllnlllllln I I IIIII I 11I II II _ Ifll) !III' rHll I SIIII1 I lii III (�Illllllll�llialltllll!ir1 � -_•� uII1111 11-717777rMITU J.410'TYP.-, I I I I I I I I I II Ii,O.lL 01 11 111111111 UH i IIY II I 1 H.1 1.11 L �,, �J 'jO;� r' l i 210' ' 100. 7' 265' 0 SER VICE a �c 100 0• N W v 1l:fl„ II�;I IIII N �. A 1 !i'�II;'�I; III !I'I�IIII III i r' l i 210' ' 100. 7' 265' 0 SER VICE a �c 100 0• > 8 '" 'Z 1l:fl„ II�;I IIII lin I771 -FL � !i'�II;'�I; III !I'I�IIII III i W c�� 24 44„ 61 Q I�illlillll lllllilihl;IfIIII I I I I L N L60, R, II I I I W o 9.85' - `4 w Ui n n 3 c m a �c L,-/ - XHIBIT A P O I..Y-i EX, INC. introduces ... TREGA"ENJaNUR TM SYSHM NOW. One Source forAll Your Lawn & Garden Display Needs POLY-TEX, INC. designed and sold the first GARDEN MART portable greenhouse in 1984. It was designed to be easy to set-up, low in cost, wind resistant and offer shopping comfort for your customers. 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