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06/03/1997 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JUNE 3,1997 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE H. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) 10'• I A. PRESENTATION, 1996 Annual Financial Report V. CONSENT AGENDA (PINK) P• 'ILA. PERSONNEL ITEMS 41 B. APPOINTMENT of City representatives to Gun Club Lake and Black Dog WMO Boards S C. RECOMMENDATION, Airport Relations Commission, request for MAC study of relationship of weather to corridor compliance D. APPROVAL OF PURCHASE AGREEMENTS, Highway 55 Redevelopment District, 845 and 855 Lone Oak Road homes E. CONTRACT 97-08, receive bids/award contract (Wescott & Pilot Knob Rds. - Signal Revision) F. CONTRACT 97-01A, approve plans/authorize ad for bids (Signal EVP - Installation) / �p G. EXTENSION for recording the final plat of Safari At Eagan 3rd Addition - Fortune Realty H. FINAL PLANNED DEVELOPMENT - Wheatstone Restaurant Group, LLC for Lot 3, Block 2, I Eagan Promenade (Houlihan's) I. SETTLEMENT - Citi -Cargo AJ. K. PARADE PERMrr, Eagan Lions Club for Fourth of July Fun Fest TEMPORARY beer license for Eagan Lions Club for Fourth of July Fun Fest L. CONTRACT, City of Eagan and HealthEast Transportation, Inc. for pre -arrival emergency medical instructions P.30 VI. 7:00 - PUBLIC HEARINGS (SALMON) " Va q. PROJECT 682, final assessment hearing (Deerwood Townhomes - Utilities) PROJECT 720, Eagan Business Commons (Streets & Utilities) C. VACATE, public easements & rights-of-way, Lexington Addition 3D. VARIANCE - Greg & Wendy Koch, of 5' to the required side -yard setback of 10' for Lot 12, Block 2, Fawn Ridge E. VARIANCES - Neil Thompson, of 15',16' and 20' to the required 30' setback from public right-of- way for Lot 1, Block 1, Whispering Woods Second Addition VII.. OLD BUSINESS (ORCHID) lQrA. ORDINANCE AMENDMENT - Chapter 5, Limitation on Ownership for On -Sale Liquor B. CONTRACT 97-07, approve plans/ order ad for bids (Eagan Business Commons) VIII. NEW BUSINESS (TAN) sop V. toA. CONDITIONAL USE PERMIT - Sever's Farm Market, to allow seasonal outdoor sales of farm produce on Lot 1, Block 2, Cedar Cliff Commercial Park Addition located in the northeast corner of Cliff Road and Nicols Road in the SE 1/4 of Section 30 CONDITIONAL USE PERMIT - Sever's Farm Market, to allow seasonal outdoor sales of farm produce on Lot 1, Block 1, Town Centre 70 Eleventh Addition (Wal-Mart) located on Duckwood Drive and Town Centre Drive in the NW 1/4 of Section 15 INTERIM USE PERMIT - Steininger Recycle, Inc., to continue the process of recycling concrete materials for property located on the southwest corner of Highway 149 and Yankee Doodle Road in the NW 1/4 of Section 13 141D. INTERIM USE PERMIT - SMC Compost Services, to expand the yard waste compost facility legally described as Outlot H of Gopher Eagan Industrial Park 2nd Addition located north of p• Yankee Doodle Road in the SE 1/+ of Section 11 REZONING - City of Eagan, of 80 acres from I-1 (Limited Industrial) to BP (Business Park) for property located on the northeast corner of Lexington Avenue and Yankee Doodle Road in the SW 1/+ of Section 11 1� *0 F. PRELIMINARY SUBDIVISION - Maplewood Acres, Inc. (Eagandale Corporate Center No. 2) consisting of 110 acres and 12 lots located north of Yankee Doodle Road and east of Lexington Avenue in the SW 1/4 of Section 11 • IL026..G. ORDINANCE AMENDMENT - City of Eagan, to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Sec. 11.10 Subd.12.1 "Off-street parking clarifying scope and adding specific performance standards related to the scope . 1 H. 1dt I. CONSIDERATION of Interim Ordinance for all D-II designated property in the Comprehensive Guide Plan PRELIMINARY & FINAL PLANNED DEVELOPMENT -. Damon Group, LLC, for a one story, 52 bed senior assisted living facility legally described as Lot 1, Block 1, Pilot Knob Heights 1St Addition located on the northeast corner of Crestridge Lane and Krestwood Lane in the SW 1/4 of Section 15 240 J. CONSIDER request for no parking, North & South Ruby Court IX. LEGISLATIMNTERGOVERNMENTAL 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 REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 19,1997 A regular meeting of the Eagan City Council was held on Monday, May 19,1997 at 6:30 p.m. at the Eagan Municipal Center. Present weX0;Nayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City AftimutratDr Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. City Administrator Hedges state4Aat there would be an Executive Session following the regular City Council meeting. Councilmember Awada requested the Council provide direction regarding a change to the Comprehensive Guide Plan. City Administrator Hedges said that the item could be discussed under Other Business at the end of the meetings:He also noted that Maplewood Acres, Inc. had requested Item D under New Business be continued to ti'Iune 3, IM City Council meeting. Councilmember Wachter moved Xoun ter Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MMUTER_. .... ©F1i�E iVIA'lC99'I1tEGL11•1R1VEEriNG Councilmember Wachter requested on page 6, in the last paragraph, the last sentence should read, "She said that the City of Eagan needs a water tower and the cost of it will be financed by user and connection fees from both cities". Councilmember Blomquist moved, CounCiifietlesfiNachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 M INU`M OFTHE- .?. .107 SPECIAL MEETING Councilmember Masin requested on page 4, in tfie l:Faragraph under the Teen Center discussion, the last sentence should be revised to read, "Mayor Egan further stated that the entire teen center issue should be deferred until contact is made with the Ministerium". Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ' AJ31MINESS ADMINISTRATION, MGkTWAY 55REDEVELOPMENT TIF DISTRICT, REQUEST BY OW1j&S FOIA &QUISMON OF HOMES ON LAWRE-r :# N i? ND' ;I3NDE LANE City Administrator Hedges provided an overview on this item. Councilmember Awada asked what is proposed for development in this area. Assistant to the City Administrator Hohenstein stated that there has not been any development applications received to date. City Attorney Sheldon noted that 04:: - Aould be clear in their direction regarding the possible acquisition of these residentialPifi' and "c :whether the acquisition of the property will .?. , be voluntary or if the City will acquire tli�operiy througlii demnation. Councilmember Blomquist movK 0aHi#cfl*q*ixi# F:1 s�*ada seconded a motion to approve staff dtrection to negotiate an agreement witl�44.' :1 otMfy:Kdusing and Redevelopment Authority to investigate the possible acquisition of residential properties on Lawrence Avenue and Lindy Lane for EAGAN CTTY COUNCIL MEFnNG MINUTE$ MAY 19,1997 PAGE redevelopment purposes in the Highway 55 redevelopment TIF district as a voluntary sale request by property owners. Aye: 5 Nay: 0 Councilmember Wachter asked if t3 a dead trees at the Water Treatment Plant are going to be replaced. Director of Public Works Colbert explained that the City took a deduct on the contract for the loss of the trees and are trying to coordinatt:e:o�tta ea trees with the City Forester. City Administrator Hedges providad an update on the number of registrations received to date for summer recreation programs. §O:NSENT AGENDA In regard to Item E, AccCRt withdrawal of the Daughters of PenelgM Comj2Lehensive Guide Plan Amendment request Councilmember AwAda commented that CommonBond Communities should be contacted and informed that the site theughters:of.Penelope was planning to develop had been approved for D -IV zoning, which would:aibcommot#a"e the development proposal CommonBond had submitted at the May 6 City Council medig and id been subsequently denied. Mayor Egan concurred. A. Personnel Items Item 1. It was recommended to approve the hiring of Tom Kray as a seasonal Forestry Maintenance Worker. Item 2. It was recommended to approve the hiring of Brian Vlach as a seasonal Water Quality Assistant. Item 3. It was recommended to approve the Maintenance Workers. Item 4. It was recommended to approve Item 5. It was recommended to approve the hiring and Shane Allen as seasonal Parks Furlow as a seasonal Ballfield Attendant. a seasonal Recreation Leader. Item 6. It was recommended to approve the hiring of Carolyn Beth Beecher as a seasonal Concession Worker. Item 7. It was recommended to approve the hiring of Michael Hadden and Ryan Hauensein as seasonal Street Maintenance Workers. Item 8. It was recommended to approvd: 0' hiring :din Krocheski as a temporary Engineering Intern. B. ARprove correction toRtember 20'1 5 C' cil minutes. It was recommended to approve correction to the September 20, 1995 City;uRal:.lxwtic :::•: C. Final Subdivision and Final Planned Development Town & Country Homes, Inc. for Eagan Heights Townhomes 2nd Addition. It was recommended to approve the Final Subdivision for Eagan Heights Townhomes 2nd Addition for 16 lots on 27.5 acres in the SW 1/4 of Section 19, located north of Diffley Road, southeast of Old Sibley Highway and to approve the Final Planned Development for Eagan Heights Townhomes 2nd Addition for 110 townhon! ;I. its i ,' s.in the SW iii of Section 19, located north of Diffley Road, southeast of Old Sibley Higl}ap ' D. Interim AjzTeement, M nt or Way Use Asieement, vrooKB river t.vLag muf�auvau va tvuau,--- .a optic cable installation. It was recommi0id to approve the 0it-of-way agreement to allow Brooks Fiber Communications to install fiber o0q�j.ble:#ugy tb l lding season. EAGAN CTTY COUNCR MEETING MINUTES; MAY 19, 1997 PAGE3 E. Accept withdrawal of the Daughters of Penelopf Comprehensive Guide Plan Amendment LeqRest. It was recommended to retain the existing RB (Roadside Business) designation by accepting withdrawal of a request for a Comprehensive Guide Plan Amendment from RB, Roadside Business, to D -IV, Multiple Residential for Lot 3, Block 1, Blackhawk:Pigia, located east of Diffley Square shopping center, west of I - 35E and north of Diffley Road in the soudiibt Y4 of Section 20. F. Confirmation of Findings of Fact. Con Communities ITiller Corporation. It was CommonBond Communities for a Comp, To D -M, Mixed Residential, on property: Addition, located between Nicols Road a northwest ii of Section 30. G. :ommended'to approve a resolution denying a request by Onsive Guide Plan Amendment from GB, General Business, illy described as Lots 1 and 2, Block 1, Cedar Ridge 2nd Cedar Avenue (Hwy. 77) on Cedar Ridge Circle in the ledge of Allegiance" on lune 14 at 6:0012.m. CDT. It was recommended to proclaim June 14,19974,':00 p.m.;:to be a time to "Pause for the Pledge of Allegiance" in the City of Eagan. H. Contract 97-06, approve plans/ order aif for bidi' disc. Street Overlays). It was recommended to approve the plans and specifications for pii#a6i'97.: MiSo$aneous Street Overlays) and order an advertisement for a bid opening to be he 41t".405'04". iii' i iia13,1997. I. Contract 97-08 a rove lans order ad for bids(Wescott & Pilot Knob Rd. - Signal Rev.. It was recommended to approve the plans and specifications for Contract 97-08 (Wescott & Pilot Knob Road - Signal Revisions) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, May 30,1997. J. Project 688 approve agreement with SooLifta: %)Fo d'(Eagandale Corporate Center Aldrin Dr Crossin . It was recommended to apprq ie:ait�agreeme4'-with the Soo Line Raidlroad for Project 688 and authorize the Mayor and City Clerk to execpbe: •related:'aocuments. K. Vacate utility easement, receive petition/order 1246&14 (Lot L Block 1, Michael Sill Add - Tesseract School). It was recommended to receive a petition i6vacate a drainage and utility easement as described and schedule a public hearing to be held on June 17,1997. L. Project 721, receive petition/authorize feasibility report (Mulcahy Add. - Sanitary Seweri It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 721 (Mulcahy Addition - Sanitary Sewer). M. Amend subdivision development a ent (1(ii fo Addition It was recommended to amend the development agreement for the Apollo Addition biddleting the requirement for local streetlight insl N. arrival instructions. It was recommended to approve a contract with Dakota County which will provide County seatbelt funds for use to provide pre -arrival emergency medical instructions. O. Recommendation, Airport Relations Commission, vreferred alternative. Noise Abatement ftarture Profiles. It was recommended to approve a iidQn by the Airport Relations Commission identifying a preferred alternative from ark oitg= ie'i oise:a i1vinent departure profile to be recommended to the Metropolitan Aircraft Sound Abateznt Council for'irii lementation at the Minneapolis/St. Paul International Airport. P. Acknowledge, runt funding from h accept Minnesota Recreation and Parks It was recommended to Grant in the amount of $2,600.00. EAGAN CITY COUNCIL M EITNG MINUTES; MAY 19,1997 PAGE 4 Q. Natural & Scenic Grant Application. It was recommended to accept the recommendation of the Advisory Parks Commission to advise the Department of Natural Resources that the City is unable to accept the 1997 Natural and Scenic Grant.::..:. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 _dtJBLIC`iEA1tINGS VARIAN. "'JOSEPH AND DEBRA WALZ City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council.:... Councilmember Wachter moved -. ;ouncila� Blomquist seconded a motion to close the public hearing and approve a 6.5 foot va j ifice to tl tequired 30 foot building setback along a public right-of-way for Lot 16, Block 3, Wedgwood First Ad-aition, located at 1002 Wedgwood Lane South. Aye: 5 Nay: 0 PROFESSIONAL PLASTICS, INC - MINNESOTA INVESTMENT FUND APPLICATION City Administrator Hedges provided an overview on this item. Assistant to the City Administrator Hohenstein provided background information on the administration of a loan to Professional Plastics, Inc. stating that the loan is the same, es.tWloan the City gave to Lull Engineering. He further explained how the funds work from the-Qt*i's**b1Ang loan fund. Mayor Egan opened the public hiiiitig to anyong .wishing to speak. There being no one, he turned the discussion back to the Council._ .Cotii+Gikemli&! Awada asked where the original money for this loan came from. Assistant to the City Adirii i5st &W.-Hnhenstein explained that the Revolving Loan Fund's source was the repayment of the Lull Engineeriri$:li4 +fhich was also funded by the State. Councilmember Awada said she wanted to make sure that the City is not lending any money that had not yet been received. Assistant to the City Administrator Hohenstein stated that Lull prepaid their loan obligation and that the State permits cities to retain the first $100,000 repaid to set up loan funds of this kind. Councilmember Awada moved, Co c ►ember.M4,e4n:seconded a motion to close the public hearing and approve a resolution to subi# stri ap�t:iiti f#ie Minnesota Department of Trade and Economic Development for a low interest j �mess .Ii i up to $100,000 for Professional Plastics Incorporated to assist with its expansiori and relocafi& within the City of Eagan Aye: 5 Nay: 0 Councilmember Awada moved;DUAGjlh%x•3d��in seconded a motion to approve a loan of $25,000 from the City's revolving loan foriil:-a ilii .1 JA this funding. Aye: 5 Nay: 0 R_BUSINESS CONSIDERATION OF REQUEST FOJt CM CODE CHANGE REGARDING LIMITATION ON OWNS$ P QN-SALE LIQUOR LICENSES City Administrator Hedges pro an overview"......... s item. Councilmember Blomquist mo t#; Councilmember Wkhter seconded a motion to approve a request to amend the City Code to cha4:4%e liwut*Wn m.:on?M- rship of on -sale liquor licenses and to direct the City Attorney to prepare thea FDj of d C�J!j!nendment. Aye: 5 Nay: 0 EAGAN CM COUNCIL MEETING MINUTES; MAY 19,1997 PAGE 5 Councilmember Wachter commented that the City Council is setting a precedent by approving this request. The regular meeting agenda was :mmentaffly suspended to acknowledge retired firefighter John Flood. RECOGNITION OF MMMM""WER JOHN FLOOD City Administrator Hedges noted.ftt members of the Eagan Fire Department were present to acknowledge a special congressional recognition for retired firefighter John Flood. Ueda Westrom, on behalf of Senator Rod Grams, presented Mr. Flood with a congressional award recognizing him for 28 years of outstanding service and achievement. Councilmember Blomquist The business of the regular City PRELIMINARY PLAT - Flood for his great service to the community. was resumed. COMPANY (UPS 2" ADD.) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Gary Gandrud, attorney representing UPS, said that th6 would like to install the landscaping now, but since there is no water service available *pg:.tbo.*6m property line they would not be able to irrigate the new plantings. He added tAV . certain plantings that would not require much water, but they would prefer to w4t.0 'Ii - rigatioti.-lis available. Councilmember Wachter said that it would be advantageous for them to plant.! :npw. W Gandrud reiterated that they can install plantings that do not need irrigation. Mayor Egan commented that the City Council appiek"U'te"s the letter submitted by David Taylor, Region Real Estate Manager with UPS, outlining what UPS will do to address the neighbors concerns and he added that he hopes they will follow through on all the items. Mr. Gandrud said they will follow through. Councilmember Wachter stated that consideration needs to be given to what types of trees are planted in the City. City Administrator Hedges commented that there is an approved fist of trees that are appropriate for planting in the City. Councilmember Blomquist aske�[:Jiat imp- expansion will have on TH 149. Mr. Gandrud explained that they will be providing rigiii f -way &kutoff and Yankee Doodle Road. City Administrator Hedges indicated, that as get of the 00idor study for TH 149 all the industrial users in that area will be taken into consideratioi�.:.:.:Oir*.O.gr,*:..'..u�4F.:W ' .. �P.. . irks Colbert noted that the City's r consultant, Short, Elliott, Hendri6V son, rNi.%Wt and potential land uses along TH 149 .. .......... and the Yankee Doodle corridor trying to project traffic generation and distributions. He said that he will make sure that their projected land uses for this property coincide with the approved application being proposed by UPS. Councilmember Blomquist stated ths.fb * .75 *:0MC=11111 With how many trucks will be in that area and how many other firms are gom*g.td.'.' the potential impacts might be. City 6).qm" -IM V. Al Administrator Hedges said that all theseld"Mi"'ift" will be coo4 . #*ted with representatives of UPS. Discussion occurred regarding access to is&ware Avenue aift'Abpperman Road. Councilmember Blomquist suggested looking at the vacajif-virginia Fox proped-. to see what may be developed there. Director of Public Works Colbert said hi.ft".dw.*ps: xglfw: Yankee Doodle extension corridor study will help to determine the alignment an4:#X.,. ............ 0 ?Wa needs from that parcel. He explained .V.:0 . Way y the access to Opperman Drive and the Yankie DDo*d1e'*corridor.'*' **" EAGAN CITY COUNCIL MEEMG MINUTES; MAY 19,1997 PAGE 6 Councilmember Blomquist requested that staff include a Comprehensive guide plan and/or zoning map of Inver Grove Heights when other proposals are presented to the Council that are near the Inver Grove Heights/Eagan border. Councilmember Awada moved, &iincilmember Wachter seconded a motion to approve the UPS 2nd Addition subdivision (replat of UPS *I-Order.ft. combine Lots 1 and Outlots A & B, UPS 18, Addition into one lot (70.1 acres), Lot &':8W1X- located east of Highway 149, north of Opperman Drive and west of Inver Grove Heights subject to the following conditions: Standard Conditions The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Al, B1, B&*4, C1, MC4, D1, El, F1, & H1 Storm Sewer/ Water Quah!3: 2. All runoff from this deveb'**"*".".: c PAIW-fi�:4w- fw- M... Pond GF -5, and that no outlet be ...... 9... Vto installed so that runoff is " 6 Planned Development 3. Prior to any future development, the 2.3 afire s:o f Loren Place included in this plat shall be incorporated into the Planned Dev.e19kp.ir i t.vm4ezoning UPS should make an application to rezone Lot 1, Block 1, MS.. 4. Landscaping should be ins4ll�gd:trpon.completion of grading. Aye: 5 Nay: 0 REZONING & PRELIMINARY SUBDIVISION (MURPHY FARM) SPRINGBROOK CORPORATION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave staff report. Howard Kyllo, representing proposed cul-de-sacs to include 60 foot r; withdrew their variance request for Councilmember Wachter moved; Council6iffiber Blomquist seconded a motion to approve a Rezoning from Agricultural to R-1 Sing12, at 1655 Murphy Parkway, in the NW -i of Section 21. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision, including a variance to cul-de-sac length, consisting of 40 lots on approximately 35 acres located at 1655 Murphy Parkway, in the NW 2/4 of Section 21 subject to the following conditions: Standard Conditions ... ........ 1. The developer shall com;4-'-with these stand `g conditions of plat approval as adopted by Council on February 3,1,993: Al, B1:- :-R3 D1, El, Fl EAGAN CITY COUNCIL MEETING wNLrzw; MAY 19,1997 PAGE 7 Special Conditions 1. The developer shall comp;ywith the prepared grading and site reclamation conditions resulting from encroachr. into Blackhawk Park. The grading within Blackhawk Park shall be reviewed and aoidved by the City Parks and Recreation department prior to final plat approval. 2. The developer shall be resppnsible for removal of all wells and septic systems in accordance with County It City standards. 3. The Final Subdivision shall include center -island cul-de-sacs with a 65 -foot radius right- of-way dedicated over the "bubble" portions of the cul-de-sacs. 4. This development shall be.msponsible for costs associated with the extension of water main to the eastern edge of LotfBlock Zip provide for future development of proposed Lots 19 and 20, Block 2- 5. This development shall &'is'ubject t6"t'land dedication of Outlot A which will fulfill the parks dedication for the;ff". - for development of and the remaining 13 acres not propose lbvd"boiieM at this time. 6. This 22 acre development shall be responsible for a cash trails dedication. Cash trails dedication for Lots 19 and 20, Block 2 will be required at the time they are further subdivided. 7. The applicant shall install 3 Ca for significant tree removal in excess of allow limits. 8. The applicant shall create as4:�n ent"i Conservation Easement protecting the significant woodland locate oif, gh IS of Block 2. 9. Tree Protective measures (i.e. 4 foot polyethyl6hi laminate safety netting) shall be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved. 10. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading Pelt 16'iynsure ce with the approved Tree Preservation Plan. ......... II. Water quality mitigation n. . remen` be ... quiis can met through construction of on-site ponding. Skimmers shoWbe inst9W on both pond outlets and the design of the ponds must be approved by tor. 12. The jurisdictional status of the low area in the northeastern corner of the site should be determined when field conditions permit. If the area is determined to contain a wetland, no draining or filling of the wetland is allowed. 13. Future development on Lot -1J0: take access from the park entry road. 14. The developer shall platty. proper Aye: 5 Nay: 0 .................. Coundbrtember Arvada ,said shg*4"*K"'4"**-�*""-�"**""�.-' development of this property will match the existing character of the neighborhood. EAGAN CITY COUNCIL MEETING NUNUTES; MAy 19, 1997 PAGE PRELIMINARY SUBDIVISION & FINAL PLANNED DEVELOPMENT (GALAME CLIFF PLAZA THIRD ADDITION) - HERB WENSMANN & LOUIS OLSON City Administrator Hedges provlaiid an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada asktd'if the request for nine foot parking stalls is necessary to meet the number of stalls required by City Code;.: -T -he; -%p& $t&W that they have a few more parking stalls than what is required by Code. Ridley acdeii'P•k!?`! feels because the office will create low turnover, nine foot stalls provide for a beater use of ihe'piope y. Mayor Egan said that he feels office buildings constitute low turnover uses se q .posed to commercial or retail turnover. Councilmember Masin stated that since her husband works for someone involved with this project she would be abstaining on the vote. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision, Galaxie Cliff Plaza Third;Adition, to create three lots on property currently platted as Lot 1, Block 1 and Oudot A, G xie Cl ff.. za Second Addition subject to the following conditions: tandard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Al, B1, B2, Cl, C2, C4, D1, El, Fl, G1, H1. 2. The property shall be platted. Grading/ Storm Drainage 3. The final grading plan shall ise re i t:tp:;effect parking area grades for Lot 2 of 5% or less. 4. Detailed plans and specifications for all retaining walls shall be submitted for review by the City at the time of final subdivision. Wetlands/ Water Ouali 5. The water qualityiem8 it be met through payment of a cash dedication. The amou4i' Lot 1, *o it 1, shall account for the added impervious surface from the future Du3lding aro arking lot expansion on that parcel. Parks and Recreation 6. This development shall be responsible for a cash parks dedication and a cash trails dedication. Aye: 4 Nay: 0 (Councilmember Masin abstained) Councilmember Awada moved,M o: $a+- d a motion to approve a Final Planned Development to allow construction of a400 24,400 sgiirtp foot office building on proposed Lot 2, Block 1, Galaxie Cliff Plaza Third Addition subject to the folItyw*ing conditions: EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1997 PAGE 9 Site Plan 1. The Final Planned Develppxpent for Lot 2, Block 1, Galaxie Cliff Plaza Third Addition will include a 24,400 square fii6'ioffice building with a 132 -stall parking lot. 2. A Final Planned Develop gr..@. .4Wd.A e m eqt all.be executed prior to final subdivision and Final PD approval. The .quire �b d for the Final PD Agreement: . 0 Final Site Plan 0 Final Building Emotion Plans 0 Final Sip Plan 0 Final Landscape Plan 0 Final Lighting Plan Setbacks 2. The development shall satisfy all sjticks required in the LB zoning district. Parking ... ......................... .... .................. .... ........ ....... .... .............. 3. Except for designated handicapped stalls, parking stalls may be nine feet wide. Landscaping 4. The landscape plan shall be revised so th4t.p.!;,W materials do not interfere with vehicles in the parking lot or obscure visibift: .y iii-IiWa&eway access, to provide adequate growth room for trees ., and.pbrd I- to ce the landscaping along the freeway ...... V . corridor, and tomaintaik7::6f's'c*'reeni*pf o the parking lot from Plaza Drive. 5. As required by City Code,'iA��444sca e plan, shall include a planting schedule, all 'hie": plant materials should meet minimum s&*0-*e,- ments, and underground irrigation .qWre shall be provided for all landscaped areas.-:`::`*` Building Materials 6. All sides of the building shall be treated with the same brick exterior materials. Trash Receptacle Enclosure 7. Trash shall be conbtineAVithin the'al building or within an enclosure attached to the principal building. trash ep.c ure should be of sufficient size to hold all trash dumpsters and any reck& ... No:"`.'.$q�edputside and shall be constructed of brick materials to match the pin"t :Wjave a gate which provides at least 90% opacity for screening purposes. S. All signage shall comply wo:.C.ft gap Sign Code provisions for size, location and setbacks. The monumen!". 'fiO'bii id:b k a minimum of feet from property _.*r S ten ee ft all lines. ........... ............ ........... X ... ............ FAGAN CTTY COUNCIL. MEETING MINUTES, MAY 19,1997 PAGE 10 Liehtmg 9. The Final Site Lighting Pjgn. shall show the overlay of photometrics on the site plan, and provide a minimum light-16vel of one footcandle throughout the parking lot, not exceeding % footcandle ifooperty line adjacent to Plaza Drive. 10. Parking lot light standar sliQatd'xi 'i -. 1.45 feet in height and light fixtures should be shielded and directed so the light is'not'diiec$y visible from adjacent residential property east of Plaza 1*9. 11. The developer shall provide written documentation to the City regarding an agreement with the owner of the property across Plaza Drive for landscape screening on that property to obscure headlight glare from the driveway access. Aye: 4 Nay: 0 (Councilmember Masin tained):.:.:` PRELIMINARY SUBDIVISION & VAMANCE - MAPLEWOOD ACRES, INC (EAGANDAI:E COR#dRATE CENTER NO. 2) Councilmember Awada moved, Co i c #etCibm.:Wsj*Wonded a motion to continue this item to the June 3,1997 City Council meeting. City Administrator Hedges said that a letter was received from Jack Hoeschler regarding the City Council initiated rezoning of the southerly 80 acres of this site. He added that it was staff's opinion that the Preliminary Subdivision should not be considered prior tc L:Oe consideration of the rezoning. Councilmember Awada noted that sho: 'W'al st rit from the June 3 City Council meeting. City Attorney Sheldon noted that a rezoning egttires four vo# of the City Council. Mayor Egan said he will commit himself to continuing this item until ;C-ogngilmenAier Awada is present at the June 17 City Council meeting before there is any perverse action. `'' A vote was taken on the motion. Aye: 5 Nay: 0 SHELL PERMIT REQUEST FOR TESSERACT SCHOOL ADDITION City Administrator Hedges provided an overview on this item. Councilmember Blomquist movecf�:oy3meatb thter seconded a motion to approve a shell permit for Tesseract School additiajx:ior to figi lsiilidivision approval subject to the signature of the development contract and approval awall finandffguarantees. Aye: 4 Nay: 0 (Councilmember Awada abstained) D -II DISCUSSION Councilmember Awada noted the Comprehensive Guide Plan is being updated and that staff is working on a D -II study. She said she would k Gg: :....a g the proposal for the Bieter property. She further said that the City Council did reque�g.-* It f i* -4kv� ger present a new proposal consisting of more R-1 development. She asked if staff:i OtiJd be directed:�konsider a rezoning of the property. City Administrator Hedges stated that the City'i`ouncil was clear-Aht they would like the Comprehensive Guide Plan designation changed from LFII to D -I on a numbei:0 properties in the City. He added that, with regard to the development request -To )?alta Corp°ratior#ie minutes of November 1996 reflect that :.•.•:.•:: strong comments were made by some ON-." they would like the developer to develop the property as R-1. He further'iddea'iliaf ffaoes aot appear that the developer has EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1997 PAGE 11 incorporated this request into the new proposal. He said'that the City Council's priority has been to complete the D-11 portion of the comprehensive guide study soon and he stated it should be ready for consideration in July according to Senior.Planner Freese. He asked the City Attorney if it would be possible for the City Council to initiate a iC tiprehensive guide plan change for this property with a pending zoning application change before:tlie City. City Attorney Sheldon noted that fi C3bi#1tCjJ been discussing and considering a City - D -II study for some time. He also noied'ftiat the Plaiiiiiiig Department has been.preparing background information regarding the D6'- .: tudy for some time. He clarified that it is his understanding that the City Council is questioning wheffiea they could implement a D -II study with a restriction on D -II development in the City within the study period. He said there is a specific provision in the Land Use Control section of the State law that provides for interim ordinances that states a City can, if they are considering conducting a study or are conducting a study, implement an interim ordinance City-wide for a period up to one year and an extension up to 18 -months. He further said an ordinance could be prepared for the Council's consideration :A� Their June 3 meeting. Councilmember Awada movedX.-q;uncilmOi ff r Wachter seconded a motion to direct the preparation of an interim ordinance to allow revie46f Comprehensive Guide Plan D -II areas City-wide for appropriate designation and zoning shaft .GISLA�T'iVTERGOVFRNII+IENT�I. �FAIItS City Administrator Hedges commented on a lawsuit in another community with regard to public housing units and the implications of this litigation on other communities. He said that the Dakota County HRA has requested cities contact their legislative delegation. Councilmember Blomquist moved, .o>cilsiteii3lr Masin seconded a motion to direct the City Administrator to contact the City's Metro-.oCouncil�fi?presentative and the County's legislative delegation that State resources for new affoxditble housirig.In the metropolitan area not be restricted to developments that contain Hollman publ: ** ititisii i� ."- ,.: ,k e: 5 Nay: 0 City Administrator Hedges provided an update ori tNiibmnibus Tax Bill. UUDTABLE City Administrator Hedges noted that according to WCCO Channel 4's dimension report, Eagan was ranked as the fifth most livable city in the -metropolitan area. Councilmember Wachter asked.jf*y coni" . have been received from property owners about Green Acres changes. City Admiiiisiiator Hges stated that one has been received from a property on TH 13. He said that staff hO:*et with -ft property owner and they are looking at potential development opportunities for the prop, . Councilmember Masin asked if there are any upcoming meetings scheduled for the Dakota County League of Governments. City Administrator Hedges said there is going to be a picnic in June and elected officials will be invited. He further said that the meetings have not been well attended this year and they are re-examining if the meetings should be held less often. Councilmember Masin commented that, with regard to the upcoming collaboravi:a�d the impending School Board election, all School Board members should be invited, g and outgoing members. Councilmembers concurred. Councilmember Blomquist regO*' *d an update rega#�ing the complaints received about the Nelson area. She commenced that she rYe ;a,phnne:04. ftp the Millers stating that the operation of diesel equipment at Richfield Blacktop i;i&i:Q> .litional use permit. Mayor Egan said that he talked to one of the Millers' represenfatfves"aii8 i ii iiid'icafed that litigation is imminent. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1997 PAGE 12 Councilmember Blomquist mentioned that she attended the Dakota County Economic Development Partnership meeting and informed the City Council of her observations. She said that the Partnership needs to work on informing the .City of upcoming meetings. She added that she was impressed by the group. Councilmember Blomquist asked -if Owlegoier ... .. vxft s d e ver Grove .. .. f".as ociate with the In Heights joint Powers Agreement is paid for out of. -.4 Wc6016*- -f*:X)r the utility fund. Director of Public Works Colbert stated that the City of Invig*.Grove Helgfits'is reimbursing the City of Eagan for those fees. She commented that the City Council sh6"%% .44 give consideration to what money is spent for legal fees pertaining to the Minnesota Moose lawsthe City is only going to recover a small amount of money. She also questioned whether the City Council was spending wisely with regard to the public communications being performed by the Wallace Group. She reserved the right to comment on the current bill's fist. Councilmember Wachter moved{:Rayor Eftii seconded a motion to approve the check register dated May 15,1997 in the amount of $1,60,660.65.-:14e: 5 Nay: 0 The meeting adjourned at 8:30 p.m. to an Executive Session. Present were Councilmembers Wachter, Awada, Masin and Blomquist, City Administrator Tom Hedges, City Attorney Jim Sheldon and League of Minnesota Cities' Attorney Jim Golembeck. Mayor Egan was excused due to his disclosure of former legal representation of the plaintiff in a lawsuit that w -'giscussed in Executive Session. MLK..... .... ... ......... .......... .. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that -all persons have equal access to its programs, services, activities, facilities and employment without regard to roqK:copr;: "..-d - qp4g1 whnational : tional origin, sex, disability, age, sexual ..... orientation, marital status or status with regag:%Cvp . MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 29,1997 SUBJECT: AGENDA INFORMATION MEMO FOR THE JUNE 3,1997 EAGAN CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval of the June 3, 1997 City Council agenda and the regular City Council meeting minutes for the May 19, 1997 regular Council meeting and special minutes from the May 15 and May 19 meetings, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. FINANCE DEPARTMENT -- Item 1. Receive and Accept December 31,1996 Comprehensive Annual Financial Report ACTION TO BE CONSIDERED: To accept the December 31, 1996 Comprehensive Annual Financial Report. FACTS: ♦ The financial report has been completed and the audit by Kern, DeWenter, Viere, Ltd. has been performed. No significant findings have been made during the audit. a The Director of Finance and representatives of Kern, DeWenter, Viere, Ltd. will be at the meeting to present the report and answer any questions. ATTACHMENTS: ♦ The financial report is enclosed without page number. The management letter and the schedule of federal financial assistance will be presented at the meeting on Tuesday. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 19, 1997 A special meeting of the Eagart City :Covncil was held on Monday, May 19, 1997, at 5:00 p.m. at the Eagan Municipal Center building. PrdWJ : ;arere:::A.!19 ;fiijia•.�Qr Masin and City Councilmembers Awada, ... Blomquist and Wachter. Mayor Egan arrived'ei-;Vrrbittiiietety:s;�:p.m. Also present were Director of Finance VanOverbeke, Senior Planner Freese, Seniar.:planner Ridley, Director of Public Works Colbert, Assistant to the City Administrator Hohenstein and City Administratsir: Hedges. SENIOR HOUSING PROJECT FINANCING ALTERNATIVES City Administrator Hedges stated that City staff and the HRA have been proceeding with City Council's objective to consider a senior housing project at the Town Centre site. He stated that an informational meeting with the neighborhood was held on:i:Aodl 30. Staff of both the HRA and the City, along with guidance from Springsted, have been analyzing the overaltJ.Abject cosi*�hd project time scheduled. He further stated that staff is requesting direction on two financing questicsns whici7::iriclude: 1) whether the project should use stand-alone financing or should be part of the HRA's Common Bond:�und; and 2) should the term of the funding be 20 or 30 years and the relationship of that difference to'the up-frotif-Lash requirement and/or impact in the rent structure. City Councilmember Awada stated that in her dis00s�ictis.'..' h:thP::DifA* :of Finance, she felt the Common Bond Fund is the best choice for the City. City Counctli�erii a:4i8t~UsdbdI:I t :: wo options and agreed that the HRA should fund the project under its Common Bond structure, stating that the sources of support are common among projects funded under the bond fund. Cathy Aho, representing Springsted Inc., discussed the financing aftematives as they related specifically to the rent charged for each unit using 30 year term and 20 year term comparisons. She stated that a shorter term, the 20 year term, increases the annual debt service Ad requires higher rents. City Councilmembers concurred that the best financing aftemative is the 30.-yeAfJ6r i;::Which keeps the rents for one -bedroom units at $425 and two-bedroom at $525, which is still higtx�t:tl :big:Woods of Eagan average rents which are $326 and $475 respectively. City Administrator Hedges sfate i ,t`h, '::regarding the project time schedule, there will be a second neighborhood meeting in June, followed by public'':Fieaiing:;tt�e preliminary subdivision and planned unit development during the months of July and August. Consideririg::rto delays to the schedule, construction could begin in September of this year. City Administrator Hedges summarized the direction of the City Council, stating that staff will proceed with preparation of the documents based on the Common Bond Fund structure as the alternative for financing. The term will be a 30 -year term as presented. Acting Mayor Masin thanked staff from the HRA and Springsted for their attendance and participation., COMPP,&9W9IVE:i0ti*t'W N UPDATE City Administrator Hedges.. provided *some introductory comments and an overview of the comprehensive guide plan update that wai;;:kliandated::fdif the seven -county metropolitan area by December 31, 1998. Senior Planner Freese provided a 3iif;tAricGd .suri0iacy:.q#;the, comprehensive guide plan amendments that have occurred since the existing pian was a o{it fii..... d.. $ :steted that the City has averaged approximately 20 amendments per year to the existing plan. Senior Plannee rieese further stated that the City Council will need to adopt a process for reviewing the comprehensive guide plan update, such as utilization of the Advisory Planning Commission or an ad hoc advisory committee which could consist of members of City advisory commissions, the City Council, business community and residents to work on the plan. She further stated that direction will also be necessary on the type of public input the City would..like, such as public hearings, informational meetings and whether they should be held at City Hall or off -sits :li c�k� S -i:::::::::: City Councilmember Blomgjist shared the pro,s,that was used when the comprehensive guide plan document was originated from 1979 untii':its adoption in 199'3::: She stated that there were off-site meetings which were advantageous to the community.aT10 neighborhoods. Cit :Councilmember Masin stated that initiating the comprehensive guide plan update is a gW::opportunity for the::iCjty to incorporate a community -wide visioning process. She further stated that Burnsville'i i#it tj:;tom:A.artiae# :ihc:P:rogress, which has been an excellent visioning Page 2/Eagan Special City Council Meeting Minutes May 19, 1997 process for their community. Senior Planner: reese stated that if a visioning process is to be incorporated into the comprehensive guide plan update, it is suggested that an outside facilitator be used for the community-wide visioning. She further asked the City Councii,16 'regard to the comprehensive guide plan update, how involved they want to be in the actual details and process.:review:.:.:She:.tttaW!.that .a group such as the Advisory Planning Commission or an ad hoc advisory committeir ajlditiClede:.a:rtie►tiDer of the Council to review the details in all aspects of the process on behalf of the Counc.11.." ,ity,'C66hi iimii i r Blomquist stated that it is her opinion the Council should be very much involved in all e5pects of the comprehensive guide pian update. She stated that this document is extremely important to the corrjrtjunity and the Council needs to provide its input throughout the process. Mayor Egan stated that a visioning is subjective and a comprehensive guide plan review is mechanical. He further stated that the two need to be compatible. He further stated that he would like the City to develop some ownership in the future and Weld see both the visioning and comprehensive guide plan update as important vehicles for the long-range visioiiin:g exercise.;. He further stated that the cultural attitude within the community has changed since 1980, explaining that tht::community would like to be more involved in the process which supports the need for an ad hoc adviso!y:committP,e:> onsisting of a broad range of community representation. City Councilmember Blomquist .statted,.that, she, sees the Advisory Planning Commission as an integral part of the comprehensive guide pfari::i<iiate:::::fc�tStytr: "ari::agrees that the APC needs to be involved; however, is it necessary to meet on a frequent*basis,'; ithiCfi' might-rface a heavy time burden on that Commission. He suggested that a task force be created that would include a member of the City Council, Advisory Planning Commission representation and a broad base community representation. He further stated that all City Councilmembers and advisory commission members could critique the process at any time. City Councilmember Wachter stated that the City is 80% developed; although he believes strongly in the need for the comprehensive guide plan update, he would not like to see the process become more involved than necessary. City Councilmember Blomquist agreed, stating that the City has Always: deeply involved in its land use planning and feels there are no significant gaps requiring exten6iV:::revii3vu:.'by the City Council, advisory commissions or community. Mayor Egan further stated that the:appr4Adiacti". ed should minimize any need to reinvent the wheel and allow the City an opportunity to allocate Its tifhe�foward a vi"' ning process. City Councilmember Wachter asked about the timeline for the comprehensive guide ,&h.update.':tity Administrator Hedges stated that, according to legislation mandating the comp guide plan update; iNVIO.:... completed by December 31, 1998. City Councilmember Blomquist stated that; opinion, the City should approach the comprehensive guide plan update as a clean up of any small zoning and comprehensive guide plan issues and concentrate on correcting any zoning of the remaining vacant parcels. She stated that this is the main issue and objective for the community. City Administrator Hedges stated that it is important that the City Council agree on a process for reviewing the comprehensive guide plan, so statt:taq:begin goordirAding the effort. He stated that staff can review the comprehensive guide plan and zoning it on.*i". Oes::arr#f;:pr0*@nt those to the City Council at a future work session. City Councilmember Masin agrei#itl:'v-ith the::re roPnmendation and stated that it would be helpful to designate the parcels by areas in the comMiiti . City d&ncilmember Awada stated there must be reasons given for requiring a change in the comprehensive:.guide plan,.to conform with future planning. Senior Planner Freese stated that there is a long fist of properties aijitf:it is impq..Ot to decide on a uniform approach to review each of the parcels to determine the best long-term City Councilmember Awada summarized the City Council's objective for reviewing the comprehensive guide plan update, stating that: 1) this is an opportunity to clean up all land parcels; 2) to address all the systems statements, including transportation, parks and the related; and 3) determine how all undeveloped land should be guided in the future. City Councilmember Awada fttf}ectgiied; ;the D-II study is foremost and should be reviewed with some City Council consideration as soon:Br:ptissible for t1ie::30:parcels that have been identified by staff. She further asked if there is a feasible timeline f6t::{eviewing all the '64varcels to determine their best future land use designation. Senior Planner Freese stated that a joint meeting','tif the Advisory Planning Commission and City Council could be scheduled for July to f4odw all the D-II par6W to determine the most desirable land use designation. Page 3/Eagan Special City Council Meeting Minutes May 19, 1997 Mayor Egan thanked stafF::i�r the overview on the comprehensive guide plan update and suggested that more refinement to the process::6e considered at the Joint APC/City Council workshop meeting to be held in July to review and discuss future lar.►0.use.4:lesjgAatio :1qr.:jD-11 parcels. He further stated that additional consideration and thought should be given;:to Si :?psiorti!V:picl s::.and how that can be incorporated into the comprehensive guide plan update for the City.'''` `'' ADJOURNMENT There being no further business, the meeting was adjourned at 6:25 p.m. Date City Clerk TLH Subiect to Approval MINUTES OF A SPECIAL MEETING OF TNE: EAGAN CITY COUNCIL "Eagan, Minnesota A special meeting of the Eagan City Council was Field on Thursday, May 15, 1997 at 5:15 p.m. at the Eagan Municipal Center Building. �?t.*sent were Mayor Egan and City Councilmembers Awada, Blomquist, Masin and Wachter. Also PreLnt were Director of Parks and Recreation Vraa, Director of Finance VanOverbeke and City Administrator Hedges. FIRE RELIEF ASSOCIATION DEFINED BENEFIT TO DEFINED CONTRIBUTION City Administrator Hedges statei#:ifat the 0li'� Relief Association Pension Committee is exploring the possibility of switching their pension:plian :$:.-Oefined benefit to a defined contribution. He stated that the defined benefit plan is one in wail a retireks benefits are fixed and predetermined based on an established formula and a defined contributi p..plah'.1s one in which an individual retirement account is established for each participating emptiDie;::::::'f#ii::xij�:::Atiinistrator outlined the advantages and disadvantages of the defined benefit and'"def(ned:'i;6i if ibufioii'*plans from material that was provided by Symmetric Investments, Inc., an independent broker/dealer and registered investment advisor firm that has been working with the Relief Association as they consider a conversion from defined benefit to defined contribution. The City Administrator further stated that several meetings with the Relief Association since complexity of the issues, if the City Council.:js;gi from defined benefit to defined contributiOn,'.:lt: v�Il'b consultants. He further stated that thi%- ief A concept of a switch to the defined contr[hirtiiii::. membership on May 19. ,h::the Director of Finance there have been rriary to consider the change and due to the considering the "concept of making a switch iry to engage the services of the appropriate representatives would like to present the an at their special meeting to the general Mayor Egan stated that on the surface the defined contribution appears to be a good approach to providing benefits, eliminating the need to pursue special legislation on an ongoing basis and each firefighter is able to manage their own retirement account to maximize their investment income. City Councilmember Blomquist stated that she has concerns about the cost of the transition. City Councilmember Wachter stated that he is in support of the concept but would need more financial data and a specific proposal from the Relief Assm 0tictn. City;:0ouricilmember Awada stated that changing to a defined contribution is a good scenarig: if:wtici %q sr .06tr:tlie proposal in concept allowing the City to gain additions[ information on the cost ta:flY� City of:ia:4roposed conversion. Dave Thompson, representing ..yinmetric:;!q"stments, Inc., stated that a change in the defined benefit to defined contribution would be s respg!l ihili2�i Xp the City. Director of Finance VanOverbeke stated that careful consideration in the::iii:;si#:iilhe::tti�slja is important in that depending on the proposal, the amount of money required up front to'iYi"the conversion could be high in order to eliminate any future liability. According to Mr. Thompson the up front liability could be financed over a period of time. Pat Diloia, representing the Fire Relief Association explained that retroactivity of benefit increases in a defined benefit plan creates a higher unfunded liability. City Councilmember Masin asked.•ttair:i?sl; show how much the City would contribute if the defined benefit were approved at;, 00' lump Stith: versus conversion to a defined contribution program of a similar amount. Director pif;xriance VanOvee stated that the City needs to determine two issues. 1) What will the City put in. #or each firefighter:ei nually and 2) what is the total transition amount? Mayor Egan asked if the da"' d contribution w�#::change options that are currently offered Special City Council Minutes/May 15, 1997 Page 2 under defined benefit which is both monthly and lump sum. Mr. Thompson stated that each firefighter can determine whether they wish to withdraw as a lump sum or create a monthly annuity under a defined contribution plan. Mark Sportelli, President of the::ke Relief Association, stated that in response to discussion regarding the 2% insurance contributi'K,1rom the State of Minnesota, it is possible that the City's contribution could be lowered as a resuit:.of.:tl e:.SWe!s::a.4ocation of an increase in insurance. City Councilmember Masin stated that she::{;Ssi}?gttizir;o::?s}ji�:;Ehange from defined benefit to defined contribution in concept and that the City- s. ould proceed with hiring the technical support necessary to consider all aspects of the transition. :ityr Councilmember Wachter concurred that the City should proceed ahead and gain the necessary-:lit%rmation for the Council to make a policy decision. Mayor Egan stated that it is the consensus of the City Council that the City proceed ahead with the concept and engage the appropriate technical support necessary to evaluate all aspects of a conversion from defined benefit to defined contribution including the cost of a transition to the City. AMPHITHEATER SITES City Administrator Hedges stateid1hat at ft:April 29 Special City Council meeting, members of the Eagan Rotary Club presented a plari:1;Q::develop4n amphitheater for the community. He further stated that there was considerable discussion ,about,.where the amphitheater would be located. It was agreed that the City Council, along with member: cif t#ie:Rot :C#i tid' Advisory Parks Commission would tour several sites including the Municipal Cent& -'s fe;`Patrick - aga"n Park, Unisys site and Skyhill Park. He further stated that the Dart property had also been mentioned as a possible site at the May 6 meeting. Mayor Egan welcomed members of the Rotary Club and Advisory Parks Commission for the tour. Director of Parks and Recreation Vraa, along with the entire City Council, members of the Rotary Club and Advisory Parks Commission and City Administrator physically toured the community stopping and observing both locations at Skyhill Park and the Unisys-$Ai:J:0ive by of the Dart property, and physically walked the Patrick Eagan Park and Municipal.£ei� r:!�1tos The tour lasted approximately ari"hourAnd fifteeK ninutes. Mayor Egan thanked me mbers of the Advisory Parks Commission and Rotarian's i~6t fir:: Rarticipation. He further stated that this fact finding would be scheduled for further consideration at afiuttiFe:Cfy:C4:uncil work session. NORTHWEST AIRLINES PRESENTATION City Councilmembers attended a portion of the Airport Relations Commission meeting to hear Jennifer Sayre, representing Northwest Airlines, present information on fleet plans the company has for their fleet growth, the Stage III fleet conversion and compliance plan objectives, information on noise levels of their retrofitted aircraft versus faotoi�t:;Stage Ill.;ar�d•:their proportional utilization of Stage II at MSP as compared to the utilization of St g :ll-systent'' e;: he also presented a history of the NWA's noise agreements at MSP and their regiQttal emplc,ht, stating that 2,400 employees reside in Eagan. Ms. Sayre ended her presentation by reviewing NV AI'Sposition on Runway 11 R/291- reconstruction delay and NWA's operations at MSP, specificeily;:as it rebates to growth projections. Following the presentation, thexcused themselves from the regular meeting of the Airport Relations Commission. OTHER BUSINESS There being no Other Business, the meth :Was adjourned at 7:45 p.m. TLH Secretary City Clerk Agenda Information Memo June 3, 1997 Eagan City Council Meeting PONSENT 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. Resignation/Street Maintenance Worker ACTION TO BE CONSIDERED: To accept the resignation of Jeffery Tupy from his position as a street maintenance worker and authorize filling the position. Item 2. Resignation/Park Maintenance Worker ACTION TO BE CONSIDERED: To accept the resignation of Greg Schindler from his position as a park maintenance worker and authorize filling the position. Item 3. Resignation/Associate Planner ACTION TO BE CONSIDERED: To accept the resignation of Steve Dorgan from his position as an Associate Planner. FACTS: + Due to the recent reorganization of the Community Development Department, the effect that this resignation will have on the department is currently being studied. A recommendation regarding the filling of this position will be forwarded to the Council at a later date. Item 4. Seasonal Park Maintenance Workers ACTION TO BE CONSIDERED: To approve the hiring of Lynn Hanson and Matt Hanson as seasonal park maintenance workers. —12 Agenda Information Memo June 3, 1997 Eagan City Council Meeting Item 5. Seasonal Park Attendant ACTION TO BE CONSIDERED: To approve the hiring of Katy Plotcher as a seasonal park attendant. Item 6. Seasonal Tree Inspector ACTION TO BE CONSIDERED: To approve the hiring of Marc Shippee as a seasonal tree inspector. Item 7. Part -Time Building Maintenance Worker At the May 6, 1997 City Council meeting, the Council approved the hiring of a person to be recommended as a part-time building maintenance worker. For the Council's information, the person hired is Elizabeth Riel. This item is informative and no action is necessary. Agenda Information Memo May 28, 1997 • i.r ►�i .r . yrs : : .r : ►i �. is :.14 ACTION TO BE CONSIDERED: To appoint Design Engineer John Gorder and re -appoint Water Resources Coordinator Rich Brasch to represent the City of Eagan on the Board of the Gun Club Lake Watershed Management Organization (GCLWMO). To re -appoint Scott Merkley to fill the citizen representative position for the City of Eagan on the GCLWMO Board. To re -appoint Department of Public Works Director Tom Colbert to fill the alternate position for the City of Eagan on the GCLWMO and to fill the City of Eagan's Board position on the Black Dog Watershed Management Organization. FACTS: • The Gun Club Lake WMO and the Black Dog WMO are organizations created through joint powers agreements under the authority of the Metropolitan Surface Water Management Act of 1982. • The Gun Club WMO Board is composed of five members, three of whom are appointed by the City of Eagan. The cities of Mendota Heights and Inver Grove Heights each appoint one member to the Board. • Historically, the persons appointed to two of the three City of Eagan positions on the Gun Club Lake WMO Board have been City staff persons familiar with the technical aspects of water resources management. The third position has been filled by a lay citizen of the community. • The Black Dog WMO is composed of seven members, one of which is appointed by the City of Eagan. The City of Burnsville appoints 3 members, and the cities of Apple Valley, Lakeville, and Savage each appoint one member. • The terms of all Board members appointed by the City of Eagan will extend for three years from the date of appointment. Thus, these appointments will expire on June 4, 2000. Agenda Information Memo June 3, 1997 Eagan City Council Meeting C. RECOMMENDATION AIRPORT RELATIONS COMMISSION REQUEST FOR MAC STUDY OF RELATIONSHIP OF WEATHER TO CORRIDOR COMPLIANCE ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations Commission that the City request a study by the Metropolitan Airports Commission of the relationship between weather systems and levels of non-compliance with the Eagan -Mendota Heights corridor procedures. FACTS: • In response to a request by the City of Eagan, MAC has been providing radar track summaries of operations in the corridor area since late 1994. During that time, an average of 10-11% of all operations to the southeast have flown south of the corridor. Since the majority of these flights are from the south parallel runway, approximately 20% of all operations on that runway violate the corridor boundary to the south. • On various occasions, the FAA and MAC have had representatives address the Airport Relations Commission concerning corridor compliance issues. On such occasions, they have indicated that at least a portion of the non-compliance occurs when the FAA gives headings outside of the corridor for purposes of avoiding dangerous weather conditions such as thunderstorms southeast of the airport. • With the summer storm season approaching, the commission has found that it is worthwhile to know what portion of non-compliant operations result from such weather conditions. MAC handles such requests for studies through the operations committee of MASAC which reviews and schedules such requests for MAC staff. S Agenda Information Memo June 3, 1997 Eagan City Council Meeting D. APPROVAL OF PURCHASE AGREEMENTS HIGHWAY 55 REDEVELOPMENT DISTRICT 845 AND 855 LONE OAK ROAD HOMES ACTION TO BE CONSIDERED: To approve purchase agreements for the William Lengemann home at 845 Lone Oak Road and the Celeste Straw home at 855 Lone Oak Road for purposes of removal and redevelopment as a part of the Eagan Business Commons project within the Highway 55 redevelopment district. FACTS: • At its meeting of April 15, the City Council adopted a development agreement for the acquisition and assembly of residential properties at Lone Oak Road and Highway 55 as a part of the redevelopment activities for the Highway 55 tax increment district. The properties are to be combined with the Roseville properties site and developed as part of the Eagan Business Commons. • Also at that meeting, the City Council approved an agreement with the Dakota County HRA to provide acquisition services relative to these properties. The HRA has contacted all property owners and arranged for appraisals consistent with regulations in this regard. • The HRA, in cooperation with the City Attorney's office has prepared purchase agreements for the above referenced homes based on those appraisals. The Lengemann home was appraised at $85,000 and the Straw home at $88,000. In addition, Mr. Lengemann is entitled to relocation assistance which will be forwarded to the City Council as a separate item. Because Ms. Straw no longer lives in her home, no such relocation assistance can be offered to her. • The HRA is preparing appraisals and negotiating acquisitions with the remaining two property owners, Arnie Buecksler and Dart Transit. Progress on those negotiations will be communicated to the City Council at a later date. (10 Agenda Information Memo June 3, 1997 ACTION TO BE CONSIDERED: To receive the bids for Contract 97-08 (Wescott & Pilot Knob Roads — Signal Revision), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 6, 1997, the City Council approved the final subdivision for the Kingswood Ponds Addition located west of the Fire Administration Building. This development's primary access will come from the Pilot Knob and Wescott Road intersection which requires the relocation and modification to the existing signal system. • On September 3, 1996, the City Council closed the public hearing and approved this public improvement authorizing the preparation of detailed plans and specifications. • On May 19, the City Council formally approved the detailed plans and authorized the advertisement for competitive bids. • At 10:30 a.m., on Friday, May 30, formal bids were received for this public improvement. All bids will be checked for compliance with bid specifications and any deviations will be addressed at the Council meeting. ATTACHMENTS: Bid tabulation, page �� Aidlow 3335 YAONAIS CENTER ORIYE, 2Q0 SEN CENTER, ST PALL. MN 531 t0 a r? 4o-2ow @00 325.205, ASEH ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION One (1) Revise Traffic Control Signal System Pilot Knob Road (CSAR 31) at Wescott Road City Project No. 708 City Contract No. 97 -OS State Aid Project Nos. 195-020-04 and 195-106-09 Bid Date: Friday, May 30, 1997 Bid Time: 10:30 a.m. CONTRACTORS 1. Electrical Service Co. 2. Rldgedale Electric Inc. I Electrical and Maintenance Co. Low Bid Feaslblllty Report Estimate Percent Over (+) Under (-} Engineer's Estimate Percent Over (+) Under (-) SHORT ELLIOT , HE DRICKSON INC MINNEAPOI ^S MN ST CLOUD. MN CHIPPENA FAI I S, W1 EOUAL 0.OP017 tIY EMPLOYED MADISON. WI TOTAL BID $36,918.00 $41,100.00 $44,500.00 $36,918.00 $47,575.00 -22.4% $50,000.00 -26.2% LAKE COUNTY IN Agenda Information Memo June 3, 1997 ACTION TO BE CONSIDERED: To approve the plans and authorize the advertisement for a bid opening to be held at 10:30 a.m. on July 10, 1997, for Contract 97-OIA (Comprehensive Signal Emergency Vehicle Pre-emption installation). FACTS: • Contract 97-01 provides for the modification of 58 signalized intersections throughout the community to accommodate the Emergency Vehicle Pre-emption (EVP) for priority activation and control by emergency responding vehicles. • This contract has been subdivided into two segments: `B" which provides for the purchase of the equipment; and, "A" which provides for the installation of City purchased equipment. • On August 20, 1996, the City Council authorized the installation of the City-wide signal EVP program. • On September 3, 1996, the City Council authorized the preparation of detailed plans and specifications for this project. These plans have now been completed for Part "A" and are being presented to the Council for their consideration of authorizing the solicitation of competitive bids. Agenda Information Item June 3, 1997 Eagan City Council Meeting G. EXTENSION OF RECORDING FINAL SUBDIVISION - SAFARI AT EAGAN 3RD ADDITION ACTION TO BE CONSIDERED: ➢ To approve a request for an extension to filing and recording the approved Final Subdivision for Safari at Eagan 3'd Addition until August 1, 1997. FACTS: D Safari at Eagan Yd Addition was approved at the April 1, 1997 City Council Meeting. Due to delays in securing financing, the applicant is requesting an additional 60 days to record the Final Plat. BACKGROUND: (1) Letter from Byron w atschke - page May 22, 1997 Marilyn Wucherpfennig Planning Aide City of Eagan 3830 Pilot Knob Rd. Eagan, MN. 55122 RE: Final Subdivision Approval - Safari @ Eagan 3rd Dear Marilyn: Addition, 60 day plat extension The Letter of Credit required in order to file our final plat in the amount of $231,960 for the Safari at Eagan 3rd Addition will be issued by the construction lender as soon as our construction loan is approved. We expect to receive approval and issuance of the letter within the next few weeks. Under the circumstances we request that the City of Eagan extend the filing of the approved plat for recording at Dakota County on or before August 1, 1997, which would give us an additional 60 days for filing. Sincerely, y on Wat chke P sid t Fortune Realty, Inc. General Partner Eagan 30.7C, A Minnesota Limited Partnership RECEIVED MAY 2 3 1997 PENTAGON PARK TOWER 0 4940 VIKING DRIV • INNEAPOLIS, MINNESOTA 55435 • (612) 835.3363 Agenda Information Memo June 3, 1997 Eagan City Council Meeting H. FINAL PLANNED DEVELOPMENT — "EATSTONE RESTAURANT GROUP, LLC,- (LOT 3. BLOCK 2. EAGAN PROMENADE - HOULIHAN'S) ACTION TO BE CONSIDERED: > To approve a Final Planned Development to allow a 6,650 s.f. Class I restaurant (Houlihan's) on Lot 3, Block 2, Eagan Promenade. FACTS: > The proposed restaurant will have a seating capacity of 271 plus seasonal outdoor patio seating. The restaurant will be a Class I (sit-down) restaurant and will serve liquor. > The City Council approved the Preliminary Planned Development for Eagan Promenade in December 1995 which called for a Class I restaurant on this lot. > The plans submitted by Wheatstone Restaurant Group, LLC, including the outdoor seating area, are consistent with the approved master plans for the Preliminary Planned Development. > The Final Planned Development Agreement is signed and in order for execution at the regular City Council meeting on June 3, 1997. ATTACHMENTS: > Site and Building Elevations, pages through I ;L' ! ! IIN! fl�if li �! �i !'I �►�� I � �l I!ffil 4--!! j f"'�1► LI ;R o i lit I L,t F ��►� fJ� 11�� WsAN PRA EASAN. MNN EWTA Agenda Information Memo June 3,1997 Eagan City Council Meeting I. SETTLEMENT — CITI-CARGO ACTION TO BE CONSIDERED: To ratify the Settlement Agreement and Stipulation of Dismissal between Citi -Cargo and Storage Company Inc. and the City of Eagan. FACTS: • On September 3, 1996, the City Council denied Citi -Cargo's request to obtain a Conditional Use Permit for outdoor storage on Outlot B, Mardelann Addition. Subsequently, Citi -Cargo filed suit against the City and on March 11, 1997, the Dakota County District Court ordered the City of Eagan to issue the Conditional Use Permit. • The City, through its attorney appointed by the LMCIT, has been negotiating with Citi - Cargo's attorney on specific performance standards required in the Industrial zoning district. + The City Council recently directed the LMCIT attorney to draft a Settlement Agreement and Stipulation of Dismissal for execution by the Plaintiff, Citi -Cargo, and ratification by the City Council. • Both parties have agreed to the terms of the agreement. BACKGROUND/ATTACHMENTS: (2) Settlement Agreement and Stipulation of Dismissal, ages through Conditional Use Permit to be reocrded, pages through 1(2 612 223 5070 r� 4• May 28, 1 X)7 Via Facsimile 21 n (i Piper Jaffray Phis ROBERT A HILL ESO t4"CcclarStreet CENTRE VILLAGE OFFICES STE 2485 Saint Patti, Minne►om 431 S 7TH ST 55101-2160 MINNEAPOLIS MN 55415 Firm (612)290-6500 Fax (612)223-5070 E -Mail JARL)INELAW&AOL.L'0169 RE: 26,472 (872) Citi-Cargn & Storage Company, Inc. v. City of Eagan Donad A4. Jud,ne John R. OBnen Cerald M. Linnihan Dear Mr. Hill: Alan R. Varimck John M Kennedy, Jr. Eugerm J. Flxk Please find enclosed a draft copy of the Conditional Use Permit, Settlement r-t,..tr. r (:i!tin Damen j calman Agreement and Stipulation of Dismissal. At this point, I have reviewed these PierrcN. Rcgnier documents with the City Attorney and he finds them acceptable. Please advise me nlarit A Znken Ccnrgc `'`' X-1-" immediately if you have any problems with these documents. Mev A. Fore Patti J. S}.o;bsnl Scat At this time, you will note that a site pian, grading plan and landscaping pian must ( J. C: mm Tmrothy b. Lawrcnac N1 Roch&,rd be submitted as soon as possible. Obviously, you have the landscaping plan prepared, Jamcsa Colemberk the site plan merely delineates the areas to be hard surfaced and I also believe you J HM submitted a grading plan. a"; id tr, previously Janes K. Helling Rid.a,d) Lcight— Michad A. Raver As you are aware, this matter is to be approved on June 3, 1997 and request your Marlene s, car" in these regards. Mary P. Rowe immediate attention Karen K. Lote Nathan W Hart Joseph E. Flvn:i Veil truly yours, Thomas L. &rnnungs Mugarer C. Calvin Shan L- Johnson JARDINE, LOGAN d[. O'BRIEN, P.LLP. El,maberh S. Hayes i.atrerwo A. Diamond Katherine E. Kennedy - CmJ. DcbM. J Yvonne M. F4herty J DtcnGa L.TPtets gimes G. Golembeck .PM FLogae(1913-198JJ Direct Dial: (612) 290-6567 Samsnarnt/unaGoethsillril JGG/djt u pronre law to Wworuia. Enclosure Ne"k Dlafow, Florida, Ahnsu and loma bc: Michael Dougherty (via facsimile) Michael Ridley (via facsimile) 612 223 5070 STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C9-97-6204 Citi -cargo & Storage Company, Inc., plaintiff, vs. SETTLEMENT AGREEMENT City of Eagan, a Minnesota municipal corporation, Defendant. This agreement is dated this day of May, 1997, by and between CITI-CARGO Z STORAGE COMPANY, INC. and its successor and assigns, and the CITY OF EAGAN, a Minnesota Statutory City- RECITALS ity. RECITA S WHEREAS, Citi -Cargo 6 Storage Company, Inc. are the owners, operators and/or tenants or licensees of certain real property located in Dakota County, within the City of Eagan, legally described as follows: outlot 8, Mardelann Addition WHEREAS, on June 18, 1996, Citi -Cargo submitted an application for a Conditional Use Permit to allow storage of 145 semi -trailers on Outlet B Of the Mardelann Addition in the City of Eagan. WHEREAS, On September 3, 1996, the City council of the City of Eagan considered Citi -Cargo's application and denied City -Cargo's request for a Conditional Use Permit, all as more fully based upon the City record. 612 223 5070 ' :oc WHEREAS, Plaintiff Citi -Cargo & Storage Company, Inc. filed suit requesting the Court to order Defendant City of Eagan to execute and issue a Conditional Use Permit. on March 11, 1997, The Honorable Harvey A. Holtan, Judge of District Court, First Judicial District, in an Order filed March 12, 1997, ordered the City of Eagan to issue a Conditional Use Permit. WHEREAS, the City of Eagan attempted to appeal Judge Holtan's decision, but said Order was not reduced to judgment and therefore not appealable because of various factors, all as more fully set forth in the record in this matter. WHEREAS, at this time, both Citi -Cargo & Storage Company, Inc. and the City of Eagan desire to resolve litigation in this matter and to issue the Permit pursuant to Judge Hoitan's Order and enter into this agreement to set forth the terms and conditions for Citi-Cargo'o use and the City's regulation of Outlet B of the Mardelann Addition. NOW, THEREFORE, in consideration of the premises and the considerations set forth in this Agreement, the parties agree to settle the drove -captioned litigation under the following terms and conditions: 1. Upon approval by the City of the Site, Grading and Landscape Plans and receipt by Citi -Cargo of the Conditional Use Permit froth the City of sagali, the parties *hall execute and file a Stipulation of Dismissal With Prejudice, without costs to any party of the lawsuit entitled Citi -Cargo & Storage Company. Inc. 2 [,I 612 223 5070 vs. City of Eagan, Court File No. C9-97-6204, which case was venued in the First Judicial District, County of Dakota, state of Minnesota. 2. This Agreement shall run with the land and shall be binding upon successors, administrators and assigns of Citi -Cargo & Storage Company, Inc. 3. Citi -Cargo & Storage company, Inc. verifies that it is the fee owner of the property. 4. If any of the provisions of this Agreement are found to ' be invalid; such findings shall have no effect on the validity of the remainder of this Agreement. 5. Citi -Cargo & Storage Company, Inc. fully releases and irrevocably discharges the City of Eagan together with its successors, assigns, principals, directors, officers, officials, agents, legal representatives, administrators ana insurers against any and all claims, demands, causes of action, suits, charges, complaints, expenses, liabilities, obligations, promises, agreements, controversies, damages, judgments, executions, rights of payment to interest, costs, disbursements, attorneys fees and expenses of any nature, or the arising by statute, common law, contract, tort or otherwise that arise out of the matters set forth in the lawsuit brought in Court File No. Co -97-6204. 6. Citi -Cargo warrants it is the sole owner of all the claims, demands, actions, causes of action, suits, damageR, judgments, and executions which are intended to be released by this Agreement. ki 612 223 5070 lox 7. This Agreement is a compromise of disputed claims. Neither the willingness to enter into this Agreement, nor any term thereof, shall be regardod or construed to be an admission of liability or an admission of merit regarding any of the claims or allegations asserted by either party. 8. The parties each agree that in making this agreement they are each relying upon their own independent judgment, they have each had available to them the advice of legal counsel and they each are not relying upon any representation or statement made by 'the other; they each knowingly and with due and proper authorization agree to all the terms and provisions of this Agreement. 9. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated except by an express written instrument signed by duly authorized representatives of the parties. 10. This Agreement shall be construed without regard to the party or parties responsible for its preparation and will be decreed as prepared jointly by the parties. Dated: , 1997. CITI-CARGO i STORAGE COMPANY, INC. By: Its 4 a� 612 223 5070 Dated: , 1997. CITY OF EAGAN By: Sandra Masin Its Acting Mayor By: Gene Van Overbeke Its City Clerk 5 a a- 612 223 5070 STATE OF MINNESOTA COUN'T'Y OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C9-97-6204 Citi -Cargo & Storage Company, Inc., Plaintiff, vs. STIPULATION OF I]ISM SEAL WITH RE ICE City of Eagan, a Minnesota municipal corporation, Defendant. The above -entitled action, having been fully compromised and settled, IT IS HEREBY STIPULATED by and between the parties thereto through their undersigned attorneys that the same may be, and it hereby is, dismissed on its merits and wi-th prejudice but without costs or disbursements to any of the parties. IT IS FURTHER STIPULATED that without further notice, a judgment of dismissal with prejudice and upon the merits, and without costs or disbursements to any of the parties, may be entered herein. Dated: Dated: ROBERT HILL i ASSOCIATES, LTD By: Robert A. Hill ( ) Attorney for Plaintiff Centre village Offices/Ste 2465 431 South Seventh Street Minneapolis, Mn 55415 (612) JARDINE, LOGAN & O'BRIEN By:_ JAMES G. GOLEMBECK (179620) Attorneys for Defendant 2100 piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 612/290-6500 612 223 5070 STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C9-97-6204 Citi -Cargo & Storage Company, Inc., Plaintiff, vs. ORDER City of Eagan, a Minncsota municipal corporation, Defendant. pursuant to Minn. Stat. section 466.08, this settlement is approved. IT IS HEREBY ORDERED that judgment be entered in accordance with the foregoing Stipulation of Dismissal. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this — day of , 1997. judge of District Court D � 612 223 5070 CITY OF EAGAN - CONDITIONAL USE PEP -MIT WHEREAS, Citi -Cargo & Storage COMPany, Inc. (hereinafter "Applicant") has applied to the City of Eagan for outdoor storage of semi -trailers within the confines of an "Industrial' zone within the City of Eagan. WHEREAS, on March 12, 1497, The Honorable Harvey A. Holtan issued an Order directing the City of Eagan to issue a Conditional Use Permit to Citi -Cargo & Storage Company, Inc. NOW, THEREFORE, by order of the City Council of the City of Eagan, Dakota County, Minnesota, and subject to the terms and conditions hereof, which Applicant agrees with and ' accepts, a Conditional Use Permit as authorized as follows: 1. Permitting a Conditional Use for outdoor storage of semi -trailers within the confines of an "industrial" zone. 2. Said Conditional Use Permit shall apply to the following described property: Outlot B, Mardelann Addition 3. Said Conditional Use Permit shall run with the land as long as all conditional use standards are met. 4. Said Conditional Use Permit shall be subject to conformance with the Fagan City Code and with the conditions set forth herein to include, but not limited to: Additional Cor1ditions: 1. Outlot B, Mardclann Addition, shall be combined with Lot 1, Block 1. Mardelann Addition at the Dakota County Auditors Office within sixty (60) days of Council approval. 2. The Applicant shall record the Conditional Use Permit at the Dakota County Recorders Office within sixty (60) days of Council approval. 3. No further development can occur on either outlot A or B of the Mardelann Addition prior to successfully completing the plating procedure. 4. The Conditional Use Permit shall terminate upon the development of Outlot B or upon termination of the principal use, that being leasing of trailers, on Lct 1, Block 1, Mardelann Addition, whichever comes first. aS 612 223 5070 "I L �.. 5. Applicani shall install and maintain landscape and screening pursuant to the landscaping plan approved by the City. The Applicant agrees to provide such screening at its own cost. 6. The Applicant shall have wetland areas delineated and incorporated on a revised grading plan. 7. The Applicant shall provide an on-site pend for treatmcnt of storm water designed to meet full treatment requirements (.37 acres at the normal water level, a minimum wet volume and mcan dcpth of 1.2 acre-feet and three feet respectively) submitted and approved by the City. The design of the pond shall comply with the City's Standards for Detention Basin Design_ 8_ Access to the storage area is not allowed from Yankee Drive. 9. The Applicant shall limit the actual outside storage on Outlot B to four acres. 10. The Applicant shall be allowed to utilize recycled bituminous as a hard surface on up to eight acres of Outlet B as shown on Exhibit A. However, as set forth above, only four acres of the eight acres of hard surfaced area shall be utilized for actual storage activitics. However, up to eight acres of the Outlot B may be hard surface to accommodate driveway areas and turning of trailers. Any further development on Outlot R shall comply with all City performance standards relating to hard surfaces. 11. The Applicant agrees that any further expansion or modification to Outlot B would require compliance with the City PerformancC Standards, including paving, curb and gutter and additional ponding, landscaping and screening requirements, if necessary. 12. The Applicant shall comply with the Site Plan attached hereto as Exhibit A. The Site Plan shall delineate the areas to be hard surfaced with recycled bituminous and the four acres of Outlot B dedicated to outside storage uses. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of May, 1997. CITY OF EAGAN A Minnesota Municipal Corporation By: 2 Mike Ridley, Senior Planner MAA 612 223 5070 STATE OF MINNESOTA) . SS. COI JNTY OF DAKOTA ) I n r.--1 On this ____ day of May, 1997, before me a Notary Public within and for said County, personally appeared Mike Ridley, to me personally known, wlio being by me duly sworn, did say that he is the Senior Planner of the City of Eagan, the municipality named in the foregoing instrument, and said Senior Planner acknowlcdged said instrument to be the free act and deed of said municipality. Notary Public CITY OF EAGAN A Minnesota Municipal Corporation By: - Gene Van Overbeke, C TWrreasurer STATE OF MINNESOTA) . SS. COUNTY OF DAKOTA ) On this _ day of May, 1997, before me a Notary Public within and for said County, personally appeared Gene Van Overbeke, to me personally known, who being by me duly sworn, did say that he is ClerkiTreasurer of the City of Eagan, the municipality named in the foregoing instrument, and said Senior Planner acknowledged said instrument to be the free act and deed of said municipality. Notary Public I hereby verify that the above -said Conditional Use Permit was recorded at the County Recorder's Office on + 1997. Its: 3 a1 Agenda Information Memo June 3, 1997 Eagan City Council Meeting J. PARADE PERMIT EAGAN LIONS CLUB FOR FOURTH OF JULY FUN FEST ACTION TO BE CONSIDERED: To approve a parade permit for the Eagan Lions Club to hold the annual Fourth of July Parade on Blackhawk Road between Diffley Road and Blue Cross Road. FACTS: The City is in receipt of an application from Jerry Marko, on behalf of the Eagan Lions Club, to hold a parade from approximately 10:00 a.m. until noon on Friday, July 4, 1997. The club has annually sponsored such a parade for many years. This year the parade route is being relocated to culminate at the Sky Hill Park/Blue Cross complex, the site of the Fourth of July celebration activities. ATTACHMENTS: + Application enclosed without page number. M6 Agenda Information Memo June 3, 1997 Eagan City Council Meeting K. TEMPORARY BEER LICENSE FOR LIONS CLUB FOR FOURTH OF JULY FUN FEST ACTION TO BE CONSIDERED: To approve a temporary beer license for the Eagan Lions Club for a beer tent to be located at Sky Hill Park for the sale of beer between July 3 — 5, 1997. FACTS: As with the previous item, the Lions Club has sponsored a beer tent as a part of the Fourth of July activities for many years. The proceeds from this activity are used to support the parade and other Lions activities which occur during the Fourth of July event. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo June 3, 1997 Eagan City Council Meeting L. CONTRACT, CITY OF EAGAN AND HEALTH EAST TRANSPORTATION INC. FOR PRE -ARRIVAL EMERGENCY MEDICAL INSTRUCTIONS ACTION TO BE CONSIDERED: To approve a contract between the City of Eagan and Healtheast Transportation for Healtheast to provide pre -arrival emergency medical instruction for residents requesting them through the City's dispatch services. FACTS: The City Council recently authorized a joint powers agreement between the City and Dakota County to acquire funds to permit the City to contract for pre -arrival emergency medical instructions when requested of the City's emergency dispatch personnel. Healtheast transportation which also provides the City's ambulance service is qualified to provide this service and proposed to do so in coordination with the Eagan dispatch. • Since Eagan dispatch also has a contract to provide dispatch services with the city of Rosemount, county funds are also available to cover the same service for that city. Eagan's contract amount would be $2,267.24 and Rosemount's would be $468.84 for a total payment of $2,736.08. The contract has been prepared by the City Attorney's office and reviewed by staff and is in order for adoption by the City Council. ATTACHMENTS: Contract enclosed on pages 3 1 through �i?- '50) CONTRACT BETWEEN THE CITY OF EAGAN AND HEALTHEAST TRANSPORTATION, INC. FOR PRE -ARRIVAL EMERGENCY MEDICAL INSTRUCTIONS THIS CONTRACT is made and entered into between the CITY OF EAGAN, MINNESOTA, hereinafter "CITY" and HEALTHEAST TRANSPORTATION, INC., hereinafter "CONTRACTOR". WHEREAS, the CITY seeks pre -arrival emergency medical instructions; WHEREAS, CONTRACTOR desires to and is capable of providing the necessary services according to the terms and conditions stated herein; WHEREAS, CONTRACTOR has the authority to execute this Contract as a binding legal obligation, fully enforceable in accordance with its terms and conditions; and WHEREAS, the City Council has authorized the CITY to enter into a Contract with CONTRACTOR for the provision of said services. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1.1 Purpose. The purpose of this Contract is to define the rights and obligations of the parties with respect to pre -arrival emergency medical instruction services, as more fully described herein. 1.2 Recitals. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth herein. 1.3 Cooperation. The CITY and CONTRACTOR shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Contract. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 1.4 Term. The term of this Contract shall be from June 1, 1997 to and including May 31, 1998, regardless of the date of signatures hereunder, unless earlier terminated under the provisions herein or by law. Page I 4MIJIMMU 2.1 General. CONTRACTOR shall provide the services described in Exhibit 1, "Services Provided," in accordance with the criteria set forth therein. 2.2 Reports/Evaluations. A) The CITY's procedures for monitoring and evaluating the CONTRACTOR's performance under the terns of this Contract include, but are not limited to, on-site visits to the CONTRACTOR's premises or job site; review of CONTRACTOR's financial, statistical and program records; and review of reports and data supplied by the CONTRACTOR at the CITY's request which relate to the services provided under this Contract. In order to assist the CITY in its obligation to evaluate and monitor Contractor's performance Contractor shall allow personnel of the City access to Contractor's premises or the _job site. B) CONTRACTOR shall, upon reasonable notice, meet with CITY personnel to assist the CITY in evaluation of services. C) The CONTRACTOR shall maintain a bookkeeping system which sufficient.v and properly reflects all revenue received and all direct and indirect costs incurred in the performance of this Contract. CONTRACTOR shall maintain and upon request furnish the CITY with program and financial information including evaluation and performance criteria and reports which are reasonably required for effective administration of sen -ices. D) CONTRACTOR shall provide the CITY with reports as the CITY may from time to time reasonably require. 2.3 Information about Personnel. CONTRACTOR shall provide the CITY with such information regarding the qualifications of its staff, including professionals, volunteers, and others, as is required by the CITY to verify that present and subsequent services are being rendered by competent, trained, and properly licensed or certified personnel. CONTRACTOR shall provide the CITY with prior written notice of any change in ownership, Board of Directors or Executive Director. 2.4 Trade Secrets. It is understood that the CONTRACTOR regards information about its personnel, and financial, statistical and program records, as private and constituting Page 2 trade secrets under Chapter 13 of Minnesota Statutes. The CITY agrees it «ill endeavor to treat this information as such to the extent the CITY determines that such classification is permitted by law. 3. PAYMENT 3.1 Total Cost. The total amount to be paid by the CITY pursuant to this Contract shall not exceed: 3.2 Payment Rates. The CITY shall pay for purchased services as set out in the schedule attached as Exhibit 2. These rates include all services and administrative costs. No Minimum Requirement - it is understood and agreed by the parties that the City assumes no obligation to purchase from Contractor any minimum amount of services as defined by the terms of this Contract. 3.3 Invoices. A) The CONTRACTOR shall submit an invoice and request for payment for all services provided under the terms of this Contract on a quarterly basis, and on an invoice form acceptable to the CITY. The invoice shall certify expenditures and itemize (as applicable), 1) the hours of services rendered listed by classification; 2) the date such services were provided; 3) a general description of the services provided, 4) the name of party receiving services; 5) the dates of the performance period covered by the invoice. 3.4 Late Request for Payments. The CITY has an absolute right to refuse payment on invoices received or postmarked more than ninety (90) days after the date that invoiced services were performed. 3.5 F-Ument of Disputed Claims. The CITY may refuse to pay any claim which is not specifically authorized by this Contract. Payment of a claim shall not preclude the CITY from questioning the propriety of the claim at any time. In the event that the CITY withholds payment for failure to provide services or failure to comply with any of the provisions of this Contract, then no interest penalty shall accrue against the Page 3 3� CITY. If an audit is required by the CITY before an invoice is accepted for payment, then the standard payment period shall not commence until a completed audit is received by the CITY. The CITY reserves the right to offset any overpayment or disallowance of claim by reducing future payments. 3.6 Payment -Upon Early Termination. In the event this Contract is terminated before the completion of services, the CITY shall pay to Contractor for services completed in a satisfactory manner, a sum based upon the actual time spent at the rates stated in Paragraph 3.2 In no case shall payment exceed the total contract price. 3.7 Final Payment. In accordance with Minn. Stat. § 290.97 final payment shall not be made until the CITY is satisfied that CONTRACTOR has complied with the provisions of Minn. Stat. § 290.92. A certificate by the Minnesota State Commissioner of Revenue will satisfy this requirement. 4. COMPLIANCE WITH LAW /STANDARDS 4.1 General. The CONTRACTOR shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Contract or to the facilities, programs and staff used to provide services for which CONTRACTOR is responsible. 4.2 Licenses. CONTRACTOR shall provide proof of applicable licensure or certification, which shall be attached as Exhibit 3. CONTRACTOR shall inform the CITY of any changes in the above within five (5) days of occurrence. 4.3. Dolations. Any violation of such laws, statutes, ordinances, rules, or regulations, as well as loss of any applicable license or certification by CONTRACTOR as determined in the CITY's discretion shall constitute a material breach of this Contract, and shall entitle the CITY to terminate this Contract upon delivery of written notice of termination to CONTRACTOR. Notwithstanding any other provision of this Contract, such termination shall be effective as of the date of such failure or loss. 4.4 Revision of Laws. In the event that there is a revision of Federal, State or local statutes, rules or other law, which makes performance of the Contract or any portion thereof unlawful, all parties will review the Contract and renegotiate those items necessary to bring the Contract into compliance with the law. Refusal to renegotiate within seven (7) days of a request, so as to bring the Contract into compliance shall be Page 4 3`f cause for termination of this Contract as of the date when the Contract is out of compliance. 4.5 Minnesota Law to Govern. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 5. INDEPENDENT CONTRACTOR STATUS CONTRACTOR is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between CITY and CONTRACTOR. CONTRACTOR shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. CONTRACTOR shall have discretion as to working methods, hours and means of operation. CONTRACTOR acknowledges and agrees that CONTRACTOR is not entitled to receive any of the benefits received by CITY employees and is not eligible for workers' or unemployment compensation benefits. CONTRACTOR also acknowledges and agrees that no «withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due CONTRACTOR and that it is CONTRACTOR's sole obligation to comply with the applicable provisions of all federal and state tax laws. CONTRACTOR shall hold the CITY harmless and indemnify the CITY against any losses, claims, damages or actions, including attorneys' fees that arise out of or relate to the obligations set forth herein. 6. INDEMNIFICATION Any and all claims that arise or may arise as a consequence of any act or omission on the part of CONTRACTOR or its agents, servants, employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of the CITY. CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which the CITY, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or related to any negligent or willful act or omission of CONTRACTOR, its agents, servants or employees, in the execution, performance, or failure to adequately perform CONTRACTOR's obligations pursuant to this Contract. 7.1 General Terms. CONTRACTOR shall, at CONTRACTOR's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth in Exhibit 4. Page 5 AWWWOR-11 8.1 A) Parties shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary by the other party. B) Any agreement between the CONTRACTOR and any subcontractor shall obligate the subcontractor to comply with the general terms of this Contract. C) Nothing contained herein shall be construed to create a contractual relationship between the CITY and any subcontractor. The CITY shall not be obligated for any payments due any subcontractor. 8.2 Successors. The CITY and CONTRACTOR each binds itself and its successors and assigns to the other party to this Contract and to the successors and assigns of such other party, in respect to all covenants of this Contract. I 9.1 Default. If the CONTRACTOR fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the CONTRACTOR, this shall constitute default. The CITY, may upon written notice, immediately cancel this Agreement in its entirety, upon CONTRACTOR's default. 9.2 Cancellation. This Contract may be canceled with or without cause by either party upon thirty days' written notice. 9.3 Withholding of Payment. Notwithstanding any other provision of this Contract the CITY may, after giving notice of default, withhold, without penalty or interest, any payment which becomes due after notice of default is given, until the default is excused or cured, or the Contract is terminated. 9.4 Non -Appropriation. Notwithstanding any provision of this Contract to the contrary, this Contract may be terminated by either party in the event sufficient funds from the CITY, the Metropolitan Council, State, County, or Federal sources are not appropriated, obtained and continued at least the level relied on for the performance of this Contract; and the non -appropriation of funds did not result from any act of bad faith on the part of the CITY. If the CITY terminates the Contract pursuant to this paragraph the CITY shall not thereafter purchase similar services from another Vendor as were being provided by CONTRACTOR, for the duration of the full original term of this Contract or the end of the CITY's fiscal year, whichever is greater. Page 6 9.5 Written Notice. Notice shall be made by certified mail or personal delivery to the authorized agent of the party. Notice is deemed effective upon delivery to the party's Authorized Representative. The CITY shall not be liable for any services provided after Notice, except as authorized by the CITY in writing. 9.6 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of tennination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination 10.1 Rights Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 10.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Contract shall not be construed to be modification of the terms of this Contract unless stated to be such in writing and signed by authorized representatives of the CITY and CONTRACTOR. 11.1 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 11.2 Damages for Breach/Set-Off. Notwithstanding any other provision of this Contract to the contrary, upon breach of this Contract by CONTRACTOR, the CITY may withhold final payment due CONTRACTOR for purposes of set-off until such time as the exact amount of damages due is determined. 12.1 Authorized Representative The following named persons are designated the authorized representatives of parties for purposes of this Contract. Notification required to be provided pursuant to this Contract shall be provided to the following Page 7 named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To CITY: Name: Patrick Geagan Title: Police Chief Address: 3830 Pilot Knob Road Eagan, Minnesota 55121 Phone: 681-4700 To CONTRACTOR: Name: Title: Address: Phone: In addition, notification to the City regarding breach or termination shall be provided to the office of the City Attorney, SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A., 7300 West 147th Street, Suite 600, EAGAN, Minnesota 55124. 12.2 Liaison To assist the parties in the day-to-day performance of this Contract and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by CONTRACTOR and the CITY. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Contract the follov.-ing persons are the designated liaisons: CITY Liaison: Kathy Bartel Phone Number: 681-4700 CONTRACTOR Liaison: Phone Number: 12.3. User Board. Tof irther assist the parties in the performance of this Contract and to develop service, and provide ongoing consultation, CONTRACTOR agrees to meet regularly with a User Board that consists of the CITY and any other cities that contract with HEALTHEAST TRANSPORTATION, INC. for similar services. At the time of execution of this contact the following entities may be represented on the User Board: User Board Members: Kathy Bartel Page 8 X% Phone Numbers 681-4700 13. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing and signed by the CITY and CONTRACTOR. 14. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 15.1 No Other Representations. This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 15.2 Exhibits. Exhibits 1 through 4 are attached and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: CITY OF EAGAN CITY ATTORNEY By: or CITY OF EAGAN I By: E.J. VanOVERBEKE, Clerk Page 9 31 STATE OF MINNESOTA ) ss. COUNTY OF By Title Signature Corporation/Organization CONTRACTOR (Please have signature notarized) Date of This instrument was acknowledged before me on , 19_, by , (title) -'of (company name) who, being duly sworn, represents and warrants that he/she/thee is/are authorized by law and all necessary board action to execute this contract on behalf of the corporation/organization, intending this contract to be a legally binding obligation of the corporationtorganization. Notary Public Page 10 EXHIBIT 1 SERVICES PROVIDED A. General CONTRACTOR will provide pre -arrival medical information to callers awaiting the arrival of an ambulance, and whose emergency calls have been forwarded to it. Emergency calls shall be dealt with according to the following procedure: 1. The CITY dispatcher receives the emergency call and the dispatcher then dispatches the appropriate unit or units to that address. 2. The CITY dispatcher tells the caller that help is on its way. 3. The dispatcher then asks the caller if he/she would like to have the call forwarded to CONTRACTOR for emergency medical instructions, before the ambulance arrives. 4. If the caller says "yes," then the call will be forwarded to CONTRACTOR. B. Maintenance of Program Services/Equipment In order to maintain a viable telecommunications system for the delivery of a pre -arrival medical instruction (PAI) program, CONTRACTOR has established a system and procedures based upon the Dr. Jeff J. Clawson Medical Priority Dispatch System or an equivalent system. These procedures ensure the non -interruption of PAI service. The following are the minimum procedures CONTRACTOR has in place for the operations of their contractual PAI service to the CITY: 1. Maintain the operations of two (2) computer screens for telecommunicators during normal operations. 2. Maintains a priority maintenance and repair procedure for computer(s) used in the delivery of PAI service via written agreement with the HealthEast Management Information Services (MIS) Department. 3. Maintain two (2) complete and up-to-date sets of "Medical Priority Dispatch" flip cards for the provision of PAI services in the event of computer and/or system failures. 4 1 4. Maintain software licensing agreement with "Medical Priority Dispatch Consultants" for the technical servicing and program upgrades of PAI software. 5. Maintain a system to ensure uninterrupted/electrical power to the HealthEast Dispatch/Communications Center. The back-up power system consists of: A) Battery Back-up Power B) Emergency Power Generator 6. Maintain a system to ensure the integrity of telephone communications to the HealthEast Dispatch/Communications Center. The telephone system consists of: A) Installation and maintenance of a T-1 telephone line system. B) Cellular telephone back-up. C) Individual telephone line assignment to the CITY. 7. CONTRACTOR will maintain a written set of policies and procedures to cover emergency/contingency Dispatch/Communications Center procedures. 8. CONTRACTOR will continue to use the Dr. Jeff J. Clawson Medical Priority Dispatch System, or an equivalent system, for the duration of this contract. CONTRACTOR will consult with the County and the User Board prior to any change from the Dr. Jeff J. Clawson Medical Priority Dispatch System. C. Personnel Certification and Training In order to maintain and ensure the appropriate staffing, training and credentialing of PAI system telecommunicators, CONTRACTOR adheres to the following standards: 1. The Dispatch/Communications Center is staffed at all times with no less than two (2) certified "Emergency Medical Dispatch" telecommunicators, as that term is used in Dr. Clawson's system. 2. All telecommunicators responsible for administering PAI service are trained and certified at the twenty-four (24) hour "Emergency Medical Dispatch" course level consistent with the requirements of Dr. Clawson's system. 2 3. All telecommunicators responsible for administering PAI service received and completed the required bi-annual continuing education for maintenance of their certification at the "Emergency Medical Dispatch" level. D. System Overload/Call Prioritization In order to maintain a consistent system for the administration of PAI services as requested or needed by the CITY, the CONTRACTOR, will adhere to the following standards: 1. Maintain the ability to handle two (2) simultaneous calls requiring PAI service. 2. Develop and maintain written policies and procedures that will guide telecommunicators for the handling and prioritization of calls requiring PAI service, when those calls exceed the staffing capabilities of the Dispatch/Communications Center. 3. Keep and be able to produce accurate records on all instances when prioritization of incoming PAI service calls had to be made. Records will include: A) Time of day B) Day of call C) Number of dispatchers on -duty at the time D) Any problems encountered in the prioritization of incoming PAI call requests. E) Type of call (such as cardiac, choking, etc.) E. Quality Assurance Program/Procedures In order to ensure quality and consistency of PAI program services, CONTRACTOR will establish and maintain a program in conjunction with the City to monitor CONTRACTOR's adherence to the service contract, as well as for the documentation of efficient and effective service delivery. Record audio logging tapes on all calls for PAI service and maintain recorded tapes for a minimum period of twelve (12) months after recording. 2. Generate and submit CITY -wide PAI service data upon request of the CITY or to a duly appointed PAI quality assurance committee. F. Data Practices. CONTRACTOR will provide the City with a written description of its policy and procedure for handling data generated under this agreement in accordance with Chapter 13 of Minnesota Statutes. 3 +5 EXHIBIT 2 PAYMENT RATES (See attached) PRE -ARRIVAL EMERGENCY MEDICAL INSTRUCTIONS CONTRACT EXHIBIT 2 PAYMENT RATES Population, City of Eagan = 56,681 Population, City of Rosemount = 11.721 Total Population = 68,402 Rate, City of Eagan = $2,267.24 Rate, City of Rosemount = 468.84 Total Payment Rate = $2,736.08 EXHIBIT 3 CONTRACTOR'S LICENSURE & CERTIFICATION (See attached) y� EXHIBIT 4 CONTRACTOR'S INSURANCE (See attached) 1+1 Agenda Information Memo June 3, 1997 ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 682 (Deerwood Townhomes — Utilities) and authorize its certification to Dakota County. FACTS: • Project 682 provided for the extension of sanitary sewer and watermain along Deerwood Drive from Rocky Lane to the Deerwood Townhome Addition located just east of 35E. This project was originally approved at a public hearing held on March 21, 1995, and was constructed under City Contract 95-04. • With the contract being finaled on March 4, 1997, the final assessment roll was prepared and presented to the City Council on May 6 with a public hearing scheduled for June 3. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. • The final assessable costs have exceeded the estimate contained in the feasibility report by approximately 16%%, which is due to the costs associated with easement acquisition through a very extensive and protracted imminent domain condemnation process with 3 property owners. • As of this date, staff has not received any objections pertaining to the proposed assessments. However, if objections are received, they should be so noted and entered into the record with the City Council adopting the final assessment roll as presented. ATTACHMENTS: • Executive summary final assessment roll, pages Athrough, FINAL ASSESSMENT HEARING PROJECT NUMBER: 682 ASSESSMENT HEARING DATE: _ June 3. 1997 SUBDIVISION/AREA:. Deerwood Townhomes PUBLIC HEARING DATE: March 21. 1995 IMPROVEMENT INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report SANITARY FINAL F.R. STORM FINAL F.R. SEWER RATES RATES SEWE RATES BAIL ❑ Trunk i ❑ Trunk Q Laterals $6,217, 10/Ac $4.470/Ac Q Service $1.160.30/Svc $546.00/Svc ❑ Lat. Benefit/Trunk WATER Q Trunk $1,740/Ac $1.740/Ac ❑ Laterals Q Service 1 inch �$ ,,967.62/Svc. $2.730/Svc. Q Service 6 inch N/A $9.555/Svc. ❑ WAC Q Lat. Benefit/Trunk $19.50/ff. _ $19.50/f.f. N/A $25.50/f.f. SERVICES ❑ Water & San. Sewer CONTRACT #OF NO PARCELS TERMS 95-04 38 15 Years COMMENTS: Q Laterals/C.0 #3 $2.205.29 L.S. N/A ❑ Lat. Benefit/Trunk STREETS ❑ Gravel Base ❑ Surfacing ❑ Res. Equivalent ❑ Multi Equivalent ❑ C/I Equivalent ❑ Trail STREET LIGHTS ❑ Installation ❑ Energy Charge INTEREST RATE 7% AMOUNT CITY ASSESSED FINANCED $368,876.00 F.R. $176,454.00 (F.R.) $271.781.87 $87.867.80 MEMO city of eagan TO: DEANNA KIVI, SPECIAL ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL, CONSULTANT DATE: MAY 15,1997 SUBJECT: FINAL ASSESSMENT ROLL - PROJECT NO. 682 DEERWOOD TOWNHOMES SANITARY SEWER AND WATER MAIN EXTENSIONS The City Council at the conclusion of the public hearing on March 21, 1995 ordered Project 682. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are sanitary sewer lateral, trunk water main, sanitary sewer services and water service improvements. In the feasibility it was proposed to assess all improvements, using an area basis for the sanitary sewer improvements, a linear basis for the lateral benefit from water main, an area basis for water trunk and a unit basis for the sanitary sewer and water services. Construction of the improvements was accomplished under Contract No. 95-04 which is complete. The assessment hearing scheduled for June 3, 1997. The following information was used in the preparation of the assessment roll. The construction cost includes the amount of $211,159.70 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $91,729.35 and easement costs totaling $56,100.37 were added resulting in an improvement and project cost of $358,989.42. The detail of these other costs is provided on Schedule I. The other costs are allocated to the improvements constructed in order to determine the cost of each improvement. IMPROVEMENT CONSTRUCTION CAST OTHER COSTS IMPROVEMENT COST FEASIBILITY REPORT Sanitary Sewer Lateral $130,150.54 $112,162.05 $242,812.59 $161,050.00 Trunk Water Main $ 76,506.87 $ 33,836.69 $110,343.56 $321,050.00 Sanitary Sewer Services $ 1,609.00 $ 711.61 $ 2,320.61 $ 1,638.00 Water Service $ 1,364.25 $ 603.37 $ 1,967.62 $ 12,285.00 Change Order No. 3 $ 1,529.04 $ 676.25 $ 2.205.29 $ .00 TOTAL $211.159.70 $148.489.97 $359.649.67 $496.023.00 =SD $110,343.56 2,180 LE $50.61/f.f. 3. Sanitary Sewer Service 2 sanitary services consisting of a 4 inch PVC pipe were installed at a construction cost of $1,609.00. Other costs in the amount of $711.61 were allocated to the construction costs. This results in an improvement and assessable cost of $2,320.61 to the benefitting properties. The feasibility report called for this improvement to be 100% assessed using a unit method. The assessment rate was computed in the following manner: IMPROVEMENT COST $2,320.61 4. Water Service 2 Services $1,160.30/Service 1 water service consisting of 1 % inch copper pipe and appurtenances was installed at a construction cost of $1,364.25. Other costs in the amount of $603.37 were allocated to the construction costs. This results in an improvement and assessable cost of $1,967.62 to the benefitting property. The feasibility report called for this improvement to be 100% assessed using the unit method. The assessment rate was computed in the following manner: $1,967.62 5. Change Order No. 3 t 1Ll1 1 Service $1,967.62/Service This change order compensates the contractor for additional costs to remove and relay 8 linear feet of storm sewer. This storm sewer was supposed to be constructed subsequent to the sanitary sewer because it has a shallow elevation compared to the sanitary sewer constructed under this contract. Because the developer of the Deerwood Townhomes development allowed this shallow construction prior to the deep construction, this construction cost will be 100% assessed to the Deerwood Townhomes developments. The construction costs of $1,529.04 were incurred to remove and relay the storm sewer. Other costs in the amount of $676.25 were allocated resulting in an improvement cost of $2,205.29 which is proposed for assessment to the Deerwood Townhomes developments. IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $2,205.29 1 Lump Sum $2,205.29/Lump Sum C. ASSESSMENT TERMS The assessments are to be spread for a term of 15 years as proposed in the feasibility report. The interest rate is 7.0% per annum on the unpaid balance. 45l Change Order No. 3 $2,205.29 $2.205.30 $ 0.01 TOTAL $359.649.67 $221.781.87 $ 87.867.80 The City's Water Trunk Fund will provide financing in the amount of $85,947.80 and the sanitary sewer trunk fund will provide financing in the amount of $1,920.02. 4dere�,Q� . Gerald R. Wobschall Reviewed: Reviewed: f 1,71 Public Works Department Dated:/ 2 ,4 Z,' z *Fce Department Dated: .5 —4p q — cc: Thomas A. Colbert, Director of Public Works E.J. VanOverbeke, Director of Finance/City Clerk Jim Sheldon, City Attorney Tom Pepper, Assistant Finance Director Deerwood Townhomes GRW/cb 5 4! � W -.*L IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE (RESPONSIBILITY) Sanitary Sewer Lateral $242,812.59 $240,892.57 ($ 1,920.02) Water Main $110,343.56 $24,395.76 ($ 85,947.80) Sanitary Sewer Services $2,320.61 $2,320.62 $ 0.01 Water Service $1,967.62 $1,967.62 $ 0.00 Change Order No. 3 $2,205.29 $2.205.30 $ 0.01 TOTAL $359.649.67 $221.781.87 $ 87.867.80 The City's Water Trunk Fund will provide financing in the amount of $85,947.80 and the sanitary sewer trunk fund will provide financing in the amount of $1,920.02. 4dere�,Q� . Gerald R. Wobschall Reviewed: Reviewed: f 1,71 Public Works Department Dated:/ 2 ,4 Z,' z *Fce Department Dated: .5 —4p q — cc: Thomas A. Colbert, Director of Public Works E.J. 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FACTS: • On April 1, the City Council received a petition from the developer of this subdivision requesting the installation of public streets and utilities to serve the proposed development. Subsequently, the Council authorized the preparation of a detailed feasibility report to discuss the scope, estimated cost, financing and schedule of this proposed public improvement. • On April 15, 1997, the City Council approved the preliminary subdivision and rezoning for the proposed Eagan Business Commons located in the northwest corner of TH 149/55 and Lone Oak Road. • On May 6, the City Council received the feasibility report and scheduled a public hearing to be held on June 3 to formally present and discuss the details and merits of this proposed public improvement. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. In addition, staff has reviewed this project with Dart Transit, Inc., who is the only other property owner to be potentially assessed under this project. ATTACHMENTS: • Feasibility report, pages 56 through. SS� city of czagan Report for Eagan Business, Commons Frontage road and Utility Extension City Project No. 720 Eagan, Minnesota May 1997 File No. 49582 S(v JABonestroo 8onestroo. Rosene. Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. 8onestroo, P.E. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala. P.E. RoseneRobert Richard E. Turner. P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht. PE. • Jerry A. Bourdon, P.E. W. Rosene, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants MENAssociate Anderlik & Principals: Howard A. Sanford, PE. • Keith A. Gordon, P.E. • Robert R. Pfefferle, PE. Richard W. Foster, P.E.• David O. Loskota. P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson. P.E. Associates Michael T. Rautmann, P.E. • Ted K.Field. P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. Sidney P Williamson. P.E.. R.S. • Robert F Kotsmith Offices: St. Paul, Rochester, Willmar and St. Cloud. MN • Milwaukee, WI Engineers & Architects May 23, 1997 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Eagan Business Commons Frontage Road and Utility Extension City Project No. 720 Our File No. 49582 Dear Mayor and Council: Attached is our report for Eagan Business Commons Frontage Road and Utility Extension. Proposed sanitary sewer, storm sewer, water main, and street improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK &. ASSOCIATES, INC. 4 Mark . Hanson MAH:la Attachment I hereby certify that this plan, specification, or 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.. Gvu� OLf✓Jv�. Mark A. Hanson Date: May 23, 1997 Registration No. 14260 Reviewed B Reviewed By: �k CA—, of Public Works Finance Department 2335 West Highway 36 ■ St. Paul, MN 55113 • 612-636-4600 ■ Fax: 612-636-1311 Table of Contents Page No. Letterof Transmittal.......................................................................................................... l Tableof Contents..............................................................................................................2 Scope.................................................................................................................................3 Feasibility and Recommendations.....................................................................................3 Discussion SanitarySewer...................................................................................................4 WaterMain........................................................................................................4 StormSewer...............................................................:.......................................4 Street..................................................................................................................5 StreetLighting...................................................................................................6 CostEstimate.....................................................................................................................6 Easementsand Permits......................................................................................................6 Areato be Included...........................................................................................................7 Assessments....................................................................................................................... 8 RevenueSources...............................................................................................................9 ProjectSchedule................................................................................................................9 Appendix A — Preliminary Cost Estimate Appendix B — Preliminary Assessment Roll Figure No. 1— Location Plan Figure No. 2 — Sanitary Sewer Improvements Figure No. 3 — Water Main Improvements Figure No. 4 — Storm Sewer, Street, and Trail Improvements Figure No. 5 — Street and Trail Improvements Figure No. 6 — Typical Section Figure No. 7 - Assessments Scope This project provides for the improvement of Commers Drive to serve the proposed Eagan Business Commons plat located in the northwest corner of T.H. 55 and Lone Oak Road. The plat includes approximately 37 acres including right -of way. The improvements consist of sanitary sewer, water main, storm sewer, and the construction of Commers Drive. The report is the result of a petition from the developer on March 5, 1997, and was authorized by the City Council on April 1, 1997. The Eagan Business Commons plat proposes to include five small, unplatted residential parcels located on the north side of Lone Oak Road. In addition, the City of Eagan and the Dakota County Highway Department are designing the realignment of Lone Oak Road through this area to T.H. 55, which will impact these unplatted parcels. The acquisition of the residential parcels on the north side of Lone Oak is being initiated by the Dakota County HRA through an agreement with the City of Eagan. The preliminary report conceptually shows the realignment of Lone Oak Road and assumes the acquisition of the unplatted parcels will be included in the plat. Feasibility and Recommendations The project is feasible from an engineering standpoint and is in accordance with the objectives established in Eagan's Comprehensive Plans. The project is necessary to satisfy the requirements in Eagan's adopted Comprehensive Utility Plans. The improvements are cost effective based on the proximity of existing utilities and future development anticipated for this area. From an engineering standpoint, the following items are recommended: • The City Council accept the feasibility report and schedule a public hearing for June 3, 1997. • The acquisition of the parcels located along Lone Oak Road be completed and incorporated into the plat. • The realignment and grade of Lone Oak Road along the south line of the Eagan Business Commons be finalized such that the alignment and elevation of Commers Drive can be designed. • The developer for Eagan Business Commons is negotiating the grading and storm water improvements between both properties with Brown -Minneapolis Tank (BMT). The developer shall be responsible for grading the west side of Pond 2 on BMT's property and correcting the lateral storm sewer discharge serving BMT's north paved parking lot. Discussion Sanitary Sewer Sanitary Sewer will be provided by extending an eight -inch diameter sanitary sewer in Commers Drive connecting to the existing sanitary sewer adjacent to T.H. 55. The proposed sanitary sewer extensions are shown on Figure 2 at the back of this report. Water Main Water main will be provided by extending an 8 -inch diameter water main in Commers Drive connecting to the existing 12 -inch water main adjacent to T.H. 55. To complete the water main loop at Commers Drive and Lone Oak Road, an alternate is included to extend the existing 16 - inch trunk main in Lone Oak Road westerly to Commers Drive. It is preferred that the 16 -inch diameter trunk water main extension in Lone Oak Road be constructed as part of the upgrade of Lone Oak Road, which is anticipated in 1998. However, in the event the upgrade in Lone Oak Road is delayed, it is recommended that the trunk water main alternate be constructed as part of this project to satisfy water demands for fire protection for Eagan Business Commons. The water main alignment is shown on Figure 3 at the back of this report. Storm Sewer Storm sewer / ponding will be provided by the storm sewer pipe and two ponding areas shown on Figure 4 at the back of this report. The design criteria for Ponding Areas 1 and 2 are shown below. Pond No. Drainage Area NWL HWL Outflow fcfsl 1 18.8 847.5 852.7 13.9 2 14.5 836.7 842.4 23.2 Pond 2 will collect storm water runoff from not only Eagan Business Commons but also the property to the west (Brown -Minneapolis Tank (BMT)). The developer is negotiating with BMT to secure private, temporary grading easements to complete the grading along the west side of Pond 2 such that permanent drainage and utility easements for Pond 2 will not have to be acquired from BMT. In addition, the lateral storm sewer pipe serving the northerly parking lot of BMT has been plugged at its west end such that BMT's storm water backs through the existing pipe into Pond 2. The developer is required to negotiate with BMT to open the plugged storm sewer at its west end such that storm water from BMT's northerly parking lot does not flow into Pond 2. The storm sewer pipe outfall for Pond 2 will be constructed in T.H. 55 right-of-way and discharge opposite the existing 66 -inch RCP culvert under T.H. 55. The existing 66 -inch RCP culvert discharges to Pond FP -1. The storm sewer pipe/ponding serving Eagan Business Commons is designed not to serve T.H. 55 right-of-way. The existing culverts and ditches along the south side of T.H. 55 will be maintained as they presently exist to convey storm water to the existing 66 -inch culvert. Street The proposed street construction provides for constructing Commers Drive between Lone Oak Road and the stub street off the intersection of T.H. 55 and T.H. 149. The street construction will also include commercial concrete driveway aprons to each building. Commers Drive will connect to the existing stub street section at the intersection of T.H. 55 and T.H. 149 such that the existing signal system will not be disturbed. A portion of the existing pavement section at this location will be removed due to utility construction as noted on Figure 5. The connection of Commers Drive to Lone Oak is not included in this project. At the time that Lone Oak Road is upgraded (anticipated in 1998), Commers Drive will be connected to Lone Oak Road and the acquisition of the unplatted parcels abutting Lone Oak Road will be finalized. The typical street section is shown on Figure 6 and includes a granular equivalency (GE) of 23.4 inches. The GE was determined based on an estimated ADT of 800 assuming 10 percent truck traffic. The soil investigation report estimated an R -value of 15, which was used to determine the GE. Street Lightin g Streetlights will be covered as part of the development agreement and are not included in this report. Cost Estimate A detailed cost estimate is presented in Appendix A located at the back of this report and is summarized below. The total estimated project cost is $583,330.00 which includes 5 percent contingencies and 30 percent for indirect costs. Indirect costs include administrative, engineering, interest, and legal expenses. Sanitary Sewer $ 51,490 Water Main 81,670 Trunk Water Main — Alternate 34,350 Storm Sewer 219,310 Street 276.680 TOTAL ESTIMATED PROJECT COST $6639500 Easements and Permits The easements required for this project will be dedicated on the plat for Eagan Business Commons, and the remainder of the work will be performed in public right-of-way for T.H. 55 and Lone Oak Road (County Road 26). Permits for the project will be required from the following units: MPCA Sewer Extension Permit Water Main Extension Permit Mn/DOT Highway Department (T.H. 55) Dakota County Highway Dept. Lone Oak Road (County Road 26) 6 Area to be Included The developer for Eagan Business Commons and the City of Eagan are negotiating the acquisition of the following parcels located west of T.H. 55 and north of Lone Oak Road to be included in the Eagan Business Commons Plat: Section 2 SE 1/4 Parcel 020-78 Parcel 030-78 Parcel 040-78 Parcel 050-78 Parcel 060-78 The parcels included in the plat that are under purchase agreement by the developer are as follows: Section 2 SE 1/ Parcel 010-76 (Eagan Business Commons) Parcel 010-77 (Eagan Business Commons) Parcel 010-78 (Eagan Business Commons) Section 11. NE 1/a Parcel 010-01 (Eagan Business Commons) In the event the City constructs the trunk water main alternate in Lone Oak Road, the following parcel along the south side of Lone Oak Road would also be assessed. Eaizandale Center Industrial Park No. 3 Parcel 081-01 (Dart Transit Company) The storm sewer/ponding design impacts Brown -Minneapolis Tank (BMT) located immediately west of Eagan Business Commons. This preliminary report does not propose assessments to BMT, however, BMT would be impacted by grading proposed by the developer. The parcel identification for BMT is as follows. 73 The Robert O'Neill Homestead Dakota Cou0Z MN Lot 4 (BMT) Assessments Assessments are proposed to be levied against the benefited property in accordance with Eagan's assessment policy. All costs will be revised based on final project costs. Assessments will be spread over a 15 -year period and at an interest rate determined at the time of the assessment hearing. It is assumed for purposes of this report that trunk area charges not previously assessed will be collected as part of the development agreement for Eagan Business Commons. Sanitary Sewer Sanitary sewer proposed herein is lateral sewer. It is proposed to assess the sanitary sewer costs to Eagan Business Commons on an area basis. The estimated assessment is $51,490 ($2,166 per acre). Water Main Water main proposed within Eagan Business Commons is lateral water main. It is proposed to assess the water main costs to the proposed development on an area basis. The estimated assessment is $81,670 ($3,436 per acre). Trunk Water Main Alternate The trunk water main alternate in Lone Oak Road is trunk and is proposed to be assessed in accordance with the 1997 Fee Schedule for Lateral Benefit from Trunk Water Main for Commercial / Industrial property. The 1997 rate is $52.50 per centerline foot ($26.25 / front foot). Only the property along the south side of Lone Oak Road will be assessed as the Eagan Business Commons obligation will be collected through the Development Contract Agreement. Storm Sewer Storm sewer proposed herein is lateral and is proposed to be assessed on an area basis. The estimated assessment is $219,310 ($9,226 per acre). Street Street costs are proposed to be assessed to Eagan Business Commons on an area basis. The estimated assessment is $276,660 ($11,640 per acre). Revenue Sources Projected revenue sources for Project 720 are shown below. Item Project Cost Revenue Balance Sanitary Sewer $51,490 $51,490 0 Water Main 81,670 81,670 0 Trunk Water Main Alternate 34,350 5,776 -$28,574 Storm Sewer 219,310 219,310 0 Street 276,680 276.680 0 TOTALS $663,500 $634,926 -$28,574 The anticipated project deficit is $28,574, assuming the Trunk Water Main Alternate is constructed. The deficit amount will be financed by the Trunk Water Main Fund. Project Schedule Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids / Award Contract Substantial Completion of Project Complete Construction Assessment Hearing First Payment Due with Real Estate Taxes May 6, 1997 June 3, 1997 June 3, 1997 July 1, 1997 October 30, 1997 June 15, 1998 August 1998 May 1999 - * Subject to recording of final plat and/or acquisition of all required easements and rights-of-way. 9 *00 Qgs APPENDIX A PRELIMINARY COST ESTIMATE EAGAN BUSINESS COMMONS FRONTAGE ROAD AND UTILITY EXTENSIONS PROTECT NO. 720 Sanitary Sewer 120 LF 6" PVC sanitary sewer 14'-16' deep @ $ 25.00/lf $ 3,000.00 625 LF 8" PVC sanitary sewer 14'=16' deep @ $ 30.00/lf 18,750.00 4 EA Std 4' diameter MH w/cstg @ $ 1,500.00/ea 6,000.00 26 LF MH depth greater than 8ft. deep @ $ 90.00/lf 2,340.00 3 EA Construct MH over existing 9"VCP @ $ 2,200.00/ea 6,600.00 1000 LF Improved Pipe Foundation @ $1.00/lf 1.000.00 3 EA Subtotal $37,690.00 5100 LB + 5% Contingency 1.900.00 4 EA Subtotal $39,590.00 1000 LF + 30% Indirect Costs 11.900.00 TOTAL SANITARY SEWER $51,490.00 Water Main 1020 LF 8"DIP water main @ $23.00/lf 23,460.00 260 LF 6"DIP water main @ $20.00/lf 5,200.00 1 EA Connect to existing water main @ $1,000.00/ea 1,000.00 5 EA Wet tap on existing 12" water main @ $2,200.00/ea 11,000.00 1 EA 16" butterfly valve and box @ $2,100.00/ea 2,100.00 4 EA 8" gate valve and box @ $750.00/ea 3,000.00 3 EA 6" gate .valve and box @ $450.00/ea 1,350.00 5100 LB Fittings @ $1.20/lb 6,120.00 4 EA Hydrant @ $ 1,400.00/ea 5,600.00 1000 LF Improved Pipe Foundation @ $1.00/lf 1.000.00 Subtotal $59,830.00 + 5% contingency _ 2,990.00 Subtotal $62,820.00 +30% Indirect Costs 18,850.00 TOTAL WATER MAIN $81,670.00 iA49W9582\appendix 6 Trunk Water Main Alternate 220 LF 16"DIP water main @ $38.00/lf $8,360.00 100 LF 8" DIP water main @ $23.00 / if 2,300.00 1 EA Connect to existing 16" main @ $1,000.00/ea 1,000.00 450 SY Repair Lone Oak Road @ $30.00/sy 13,500.00 220 LF Subtotal $25,160.00 740 LF +5% Contingency 1,260.00 510 LF Subtotal $26,420.00 110 LF + 30% Indirect Costs 7.930.00 TOTAL TRUNK W.M. ALTERNATE $34,350.00 Storm Sewer 1 LS Clear and grub $4,000.00 200 LF 15" RCP, CL.V @ $ 26.00/lf 5,200.00 300 LF 18" RCP, CL. IV @ $ 30.00/If 9,000.00 400 LF 21" RCP, CL. IV @ $ 32.00/lf 12,800.00 220 LF 24" RCP, CL. IV @ $ 36.00/lf 7,920.00 740 LF 30" RCP, CL. IV @ $ 42.00/lf 31,080.00 510 LF 33" RCP, CL. IV @ $ 48.00/lf 24,480.00 110 LF 36" RCP, CL. V @ $ 54.00/lf 5,940.00 5 EA Std 4' diameter MH @ $1,300.00/ea 6,500.00 12 EA Std CBMH @ $1,600.00/ea 19,200.00 20 LF 4' dia. MH over depth @ $ 120.00/1.f. 2,400.00 2 EA Std 2'x3' CB @ $ 1,000.00/ea 2,000.00 2 EA Outlet skimmer @ $ 3,000.00/ea 6,000.00 2 EA 18" RC apron @ $ 1,000.00/ea 2,000.00 1 EA 30" RC apron @ $ 1,500.00/ea 1,500.00 2 EA 36" RC apron @ $ 1,700.00/ea• 3,400.00 100 CY CL 3, rip rap @ $ 100.00/cy 10,000.00 1000 LF Improved Pipe Foundation @ $1.00/lf 1,000.00 1.5 AC Seeding w/fertilizer & mulch @ $1,500.00/ac 2,250.00 1000 SY Sodding @ $2.00/s.y. 2,000.00 7 EA Erosion Control around catch basins @ $100.00/ea 700.00 400 LF Silt fence @ $2.00/lf 800.00 10 EA Structure markers @ $ 50.00/ea 500.00 Subtotal $160,670.00 +5% Contingency 8.030.00 Subtotal $168,700.00 +30% Indirect Costs 50.610.00 TOTAL STORM SEWER $219,310.00 iA49149582\appendbr �aol Street 1 LS Traffic Control @ $5,000.00/LS 700 SY Remove Pavement @ $2.00/sy 7572 SY Subgrade preparation @ $ 1.25/sy 750 CY Subgrade correction @ $5.00%y 750 CY Select Granular Borrow @ $9.00/cy 4800 TN Class 5 Aggregate Base @ $ 7.00/tn 1700 TN Bituminous Base Course 4" @ $26.00/tn 580 TN Bituminous Wear Course 1.5" @ $28.00/tn 300 GAL Bituminous tack coat @ $2.20/gal 2970 LF B618 Concrete curb and gutter @ $9.00/lf 850 SY Concrete driveway aprons @ $35.00/sy 7 EA Adjust manhole @ $ 200.00/ea 7 EA Adjust catch basin @ $150.00/ea 13 EA Adjust gate valve box @ $150.00/ea 900 CY Topsoil borrow (LV) @ $10.00/cy 1.5 AC Seed w/mulch and fertilizer @ $ 1,500.00/ac Subtotal +5% Contingency Subtotal +30% Indirect Costs TOTAL STREET is A4949582\appendLx Ce $5,000.00 1,400.00 9,500.00 3,750.00 6,750.00 43,200.00 44,200.00 16,240.00 520.00 26,730.00 29,750.00 1,400.00 1,050.00 1,950.00 9,000.00 2.250.00 $202,690.00 10.140.00 $212,830.00 63.850.00 $276,680.00 APPENDIX B PRELIMINARY ASSESSMENT ROLL EAGAN BUSINESS COMMONS FRONTAGE ROAD AND UTILITY EXTENSIONS PROJECT NO. 270 A. Sanitary Sewer Parcel Descri tion Lot Size acre) Rate / Acre Total Assessment Eagan Business Commons Lot 1, Block 1 6.56 $2,166 $14,210 Lot 2, Block 1 7.24 2,166 15,683 Lot 3, Block 1 5.73 2,166 12,412 Lot 1, Block 2 4.24 2,166 9.185 Total 23.77 $51,490 B. Water Main Parcel Description Lot Size (acre) Rate / Acre Total Assessment Eaean Business Commons Lot 1, Block 1 6.56 $3,436 $22,539 Lot 2, Block 1 7.24 3,436 24,876 Lot 3, Block 1 5.73 3,436 19,687 Lot 1, Block 2 4.24 3,436 14.568 Total 23.77 81,670 C. Trunk Water Main Alternate Parcel Description Assessable Rate / F.F. Total Footage Assessment Eagandale Center Ind. Park No. 3 Parcel 081-01 (Dart Transit) 220 26.25 5.776 Total 220 $5,776 (l) Rate equals 1997 Fee Schedule lateral benefit from trunk isW944958Pappendix D. Storm Sewer E. Street Total Parcel Description Lot Size Acre Rate / Acre Assessment Eagan Business Commons Lot 1, Block 1 6.56 $9,226 $60,525 Lot 2, Block 1 7.24 9,226 66,799 Lot 3, Block 1 5.73 9,226 52,866 Lot 1, Block 2 4.24 9,226 39.120 Total 23.77 $219,310 E. Street i:\49W9582\appendix 0"010 Total Parcel Description Lot Size (Acre) Rate / Acre Assessment EaL-an Business Commons Lot 1, Block 1 6.56 11,640 $76,358.00 Lot 2, Block 1 7.24 11,640 84,273.00 Lot 3, Block 1 5.73 11,640 66,697.00 Lot 1, Block 2 4.24 11,640 49.352.00 Total 23.77 $276,680.00 i:\49W9582\appendix 0"010 SUMMARY PRELIMINARY ASSESSMENT ROLL EAGAN BUSINESS COMMONS FRONT ROAD AND UTILITY EXTENSIONS PROJECT NO. 720 Parcel Description Sanitary Sewer Water Main Trunk W.M. Alternate Storm Sewer Street Total Eagan Business Commons Lot 1 Block 1 $14,210 $22,539 60,525 $76,358 $173,632 Lot 2 Block 1 15,683 24,876 66,799 84,273 191,631 Lot 3 Block 1 12,412 19,687 52,866 66,697 151,662 Lot 1 Block 2 9,185 14,568 39,120 49,352 112,225 Ea2andale Center Ind. Park No. 3 Parcel 081-01 (Dart) 5,776 5,776 TOTALS $51,490 $81,670 $5,776 $219,310 $276,680 $634,926 isW9\49582\appendix 7 • SMT L/FT STA noN PROPOSED '`.SAN/TARY SEWER (27< OTHERS) AL) I 1 `♦ I •, I I 1 1 I I i � I r 2 , - ' 1 V o'— SMT L/FT STA noN PROPOSED '`.SAN/TARY SEWER (27< OTHERS) AL) I 1 `♦ I •, I I 1 1 I I i � I r 0 ,50 300 Seale in feet MH OVER _ EX/ST/NG SEWER 4,� corgi emcrcr� -, EA Z PROPOSED i1=1 a=\ SAN/TARP SEWER .. cord AcoarI \. i BUS/NESS Jj `Z COMMONS Lori et;o=i I �� Sb L ---------------------J \ 26 OAK SANITARY SEWER IMPROVEMENTS EAGAN, MINNESOTA FIGURE 2 EAGAN BUSINESS COMMONS 000, CITY PROJECT No. 720 K:\49\49582\49582FO2 APRIL 1997 c0 9582 Sonestroo AU Rosene Anderlik & Associates N& 14 / r. iissrs/rs/s rrssLi /'""ai�rrarr�sii uL2 I I I ' I I I I I I \. I \ I J WA TER MA/N (BrD rHERS) (TYPIOAL) \\ I I \ EA -CAN i cor,� 6acoar�'�,� s C= IC , r------------ -=� BUS/NESS core scocx f ; I i L— ----------------1 PROPOSED WA TER MA IN 0 150 300 Scow in 4•t A TER MA IN \ PROPOSED WA TER MA IN I - EAMMM \ 16A TRUNK MAIN AL TERNA TE ONE OAK ROAD i I i I ----C_-_ �� OMMONS' I caRadays s cors acorrI ; 1 ---- `----------------a �\ WATER MAIN IMPROVEMENTS Na 28 i \v \� 0 — ------ 1 Bonestroo Rosene EAGAN, MINNESOTAFIGURE 3 Anderfik b EAGAN BUSINESS COMMONS Associates CITY PROJECT No. 720 00 K:\49\49582\49582F03 APRIL 1997 C M. 49582 t I I 1 , 1 1 1 I I 1 , 1 I 1 I 1 1 1 1 1 1 1 I 1 1 I I j f 1 I I ``♦ I 1 j i 1 I J \ EA -CAN i cor,� 6acoar�'�,� s C= IC , r------------ -=� BUS/NESS core scocx f ; I i L— ----------------1 PROPOSED WA TER MA IN 0 150 300 Scow in 4•t A TER MA IN \ PROPOSED WA TER MA IN I - EAMMM \ 16A TRUNK MAIN AL TERNA TE ONE OAK ROAD i I i I ----C_-_ �� OMMONS' I caRadays s cors acorrI ; 1 ---- `----------------a �\ WATER MAIN IMPROVEMENTS Na 28 i \v \� 0 — ------ 1 Bonestroo Rosene EAGAN, MINNESOTAFIGURE 3 Anderfik b EAGAN BUSINESS COMMONS Associates CITY PROJECT No. 720 00 K:\49\49582\49582F03 APRIL 1997 C M. 49582 EX/SRNG 66" ' II .STORM SEWER BRO M11WA MAW 01 i i E.�f�tQL/S � I 'P�9OPOS� — OUTLET I I 1 1 EX. 12" F.M. 1 1 I I 1 , 1 1 I I I I 1 1 POND 2 .,21" , :r \` 'ff 'f ` I d: 12 I cor��,at;wr � EX. 12" F. M. I I i `~'\r EA GAA 1 I s--- ?�9OPDSE/7 S70R' U SEWER (Br 0rHERS) (TYP/CA4) PROPOSED i � BUS/NESS corz acoorf L--_-----_--_ �I / PROPOSED STORM SEWER PROPOSED o iso 300 sc" in lost STORM SEWER _ a —a m � G PROPOSED " OUTLET SKIMMER 0 POND 1 f � � I ` � t7► I 1. © 0 C= F�IGAM `. STORM SEWS, ___.. --------------- >I COMMONS EX. 12" F. M. I corzacocxi I I ��• I I C04400" NO. s \, 1�---------------------� \ 26 oa I `\ STORM SEWER IMPROVEMENTS Sonestroo Rosene EAGAN, MINNESOTA FIGURE 4 OEM Anderlik & EAGAN BUSINESS COMMONS Associates CITY PROJECT No. 720 r K: \49\49582\49582F04 APRIL 1997 COMIiI. 82 I I I 1 I f l I III 1 , , I I � 0 1S0 X00 I I j t ; Seas N bat REMOVE/RECONSTRUCT EW/SRNC PA {CEMENT PROPOSED 06'F F B618 CONCRETE \ \ CURB AND GUTTER 9 00 1 S/NESS 1 t I I I � 1 I B i 1 I ll I I Lorz aLoarjr L -----------------J I1 i I I: F1�Q1�/V I ---------------- I I D \ COMMONS �� .,S Lort gocrrf COWS00W No s I 1 --------------------- STREET IMPROVEMENTS EAGAN, MINNESOTA EAGAN BUSINESS COMMONS CITY PROJECT No. 720 K: \49\49582\49582FO5 APRIL 1997 CAE Ha 26 I Bonestroo Rosene FIGURE 5 Anderlik d Associates WMW C0MM. 49(,l LO IL Q- 30' 36' 18' 8618 CONC. C & G 6" CROWN 18' DESIGN GRADE 30' '1-1 /2" Bituminous Wear Course 4" Bituminous Base Course 12" Class 5 Aggregate Base Subgrade prep PROPOSED SECTION PROPOSED STREET SECTION EAGAN, MINNESOTA FIGURE 6 EAGAN BUSINESS COMMONS CITY PROJECT No. 720 49\49582\49582FOS APRIL 1997 COMM. 495182 JASonestroo JA Rosene "Anderlik& Associates Engineers& Architects 2335 West Highway 3a St. Paul. Minnesota 551 Agenda Information Memo June 3,1997 - Eagan City Council Meeting E. VARIANCE —NEIL THOMPSON omb ACTION TO BE CONSIDERED: ➢ Approve/deny a Variances of 16, 15, and 20 feet to the required 30 foot building setback for a structure along a public road right-of-way for an in -ground swimming pool and equipment structure along Slater Road and Storland Road for Lot 16, Block 3, Wedgwood First Addition. FACTS: ➢ The applicant is requesting a 16 and 15 foot variance to the required 30 -foot building setback to a public right-of-way along Slater Road and Storland Road respectively for the construction of an in -ground swimming pool. In addition, a 20 -foot variance to the required 30 -foot building setback along Storland Road has been requested for a pool equipment structure. ➢ City Code requires a 30 foot building setback along a public street in single-family residential zoned districts. The rear yard, which is bordered by Slater Road to the west and Storeland Road to the south, is limited to 420 square feet of buildable area outside of the required 30 foot building setback. The existing buildable area in the rear yard will not accommodate a standard in -ground swimming pool. If the lot was not constrained by the required building setbacks from the public right-of-way, the pool could be built without variances. BACKGROUND/ ATTACHMENTS: (1) Staff Report, pages through. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 27, 1997 APPLICANT: Neil Thompson PROPERTY OWNER: Neil Thompson REQUEST: Variance LOCATION: 4899 Woods Court CASE #: 31-V-8-5-97 HEARING DATE: June 3, 1997 PREPARED BY: Steve Dorgan COMPREHENSIVE PLAN: D -I (Single Family Residential) ZONING: R-1 (Residential Single Family) SUMMARY OF REOUEST The applicant is requesting Variances of 16, 15, and 20 feet to the required 30 foot setback for a structure along a public road right-of-way in a single-family residential district for property located at 4899 Woods Court on Lot 1, Block 1, Whispering Woods Second Addition located in the SW 1/4 of Section 31. AUTHORITY FOR REVIEW 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. CODE REQUIREMENTS City Code Section 11.20, Subd. 6, requires a thirty (30) foot setback along a public right-of-way for a building in a single family residential district. City Council Report - Thompson Variance June 3, 1997 Page 2 City Code Section 11. 10, Subd. 3, states that no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this Chapter without a variance. EXISTING CONDITIONS Wedgwood First Addition received Final Subdivision approval in 1985. Although the subject lot is 12,007 square foot in area, approximately 3,600 SF is located within the buildable area due to required building setbacks from public road right-of-ways. The lot is located on the corner of Slater Road, Storland Road and Woods Court. Woods Court is considered the front of the lot, Storland Road the side lot line and Slater Road the rear lot line. EVALUATION OF REQUEST The subject lot is located on the corner of three public streets. City Code requires a 30 foot building setback along a public street in single-family residential zoned districts. The rear yard, which is bordered by Slater Road to the west and Storeland Road to the south, is limited to 420 square feet of buildable area outside of the required 30 foot building setback. The existing buildable area in the rear yard will not accommodate a standard in -ground swimming pool. If the lot was not constrained by the required building setbacks from the public right-of-way, the pool could be built without variances. However, because of the required 30 -foot setback requirement, a 16 -foot variance is required along Slater Road and a 15 -foot variance is required along Storland Road. The site plan shows the pool equipment structure 10 feet from the property line along Storland Road within the required 30 -foot setback area from a public road right-of-way. Therefore, a 20 - foot variance is required along Storland Road for the equipment structure. The applicant has indicated that the proposed equipment structure could not be accommodated within the buildable area of the rear lot due to an existing concrete patio and a retaining wall. HARDSHIP According to the applicant, the hardship for the variance is based on the lot being bordered by public streets on three sides. In addition, a typical residential lot would have required a 5 -foot setback along the side lot line and a 15 -foot setback along the rear property line for a pool and would not be required to obtain a variance. The applicant is proposing to locate the pool 8 feet from the existing deck attached to the rear of the home. The construction of an in -ground pool is required to be setback a distance from an existing footing that will not interfere with it's structural integrity. The proposal shows the pool setback a distance of 8 feet from the footings of the existing deck. Therefore, if the proposed pool were to be located closer than 8 feet from the existing deck footings, special engineering would be required for the pool and deck footings. City Council Report - Thompson Variance June 3, 1997 Page 3 The applicant has indicated that the proposed equipment structure could not be located within the buildable area of the rear yard due to an existing retaining wall and concrete patio, which would restrict access to the pool. The 20 -foot variance required to locate the equipment structure within the required 30 -foot setback is primarily to avoid the expense to run the plumbing to the pool from a location that meets the setback requirements. SUMMARY/CONCLUSION The applicant is requesting a 16 and 15 foot variance to the required 30 -foot building setback to a public right-of-way along Slater Road and Storland Road respectively for the construction of an in - ground swimming pool. In addition, a 20 -foot variance to the required 30 -foot building setback along Storland Road has been requested for an equipment structure due to the location of an existing retaining wall and concrete patio. ACTION TO BE CONSIDERED Approve/deny a Variances of 16, 15, and 20 feet to the required 30 foot building setback for a structure along a public road right-of-way for an in -ground swimming pool and equipment structure along Slater Road and Storland Road for Lot 16, Block 3, Wedgwood First Addition. I Cicy of Eagan City of Eagan Community Development Department - May 19, 1997 Location Map Variance Neil Thompson Case No. 31-V48-5-97 500 0 500 Feet UT a-rrY r -A 5&y/jFyf �.y "e, C) TEL N0.612-888-6439 Jul 7,94 8:15 No -003 P.01 pp Butler Homes Corp. — -- Lot 1, Block 1, WHISPSBING WOODS 2NO ADDITION, City of Eagan, Dakota County, Minnesota and reserving easments, of record. 1 1 ' Esitt ♦bolt 1 97 S Te. • 4E;.c x 974.8 STORLAND ROAD L 0 T SQ. FOOTAGE = E�?ANJ. Post -it" brand tax transmittal memo 7871 WP05E0 ELEVATIONS fop of Foundation - 973.9 iapade Flom - 9bt3.1 4 C V 00 WW DEPT. Eq Gq N PE VIEWED BY S BENCHMARK, TN►, 5/15/97 Variance Request Narrative Re: Installation of an Inground Swimming Pool (16"x32") . A variance is being requested because the setback requirements of 30' are needed from the right of way of the street (Slater Road). This is because the property faces three city streets (Slater, Storland, and Woods Court), being a corner lot. Had this been a regular lot, the set back would be 5' and the pool would be feasible. There is an existing 5' privacy fence surrounding the property so that the pool will not be visible from the road. This variance request should have been done by Butler Housing in 1994, since it was our intention to install a swimming pool within three years of the time of purchase of the property. These communications were made to Butler Housing, and we would not have purchased the property had the variance not been issued. 1�1(il' 1 -21 -Ir Neil P. Thompson, Fee Owner oo Agenda Information Memo June 3, 1997 PLD BUSINESS A. ORDINANCE AMENDMENT - CHAPTER 5 LIMITATION ON OWNERSHIP FOR ON -SALE LIQUOR ACTION TO BE CONSIDERED: To approve as presented, to approve with modifications or deny the proposed ordinance amendment to change the limitations on ownership of on -sale liquor licenses. FACTS: At the May 6 and May 19 City Council meetings, consideration was given to changing the City Code to remove the restriction on ownership of on -sale liquor licenses. At the May 19 meeting, the City Attorney was directed to prepare an ordinance amendment removing the limitation. ATTACHMENTS: Enclosed on pages "lxroughk %�6 is the proposed ordinance amendment. C) f SENT BY, 5-30-97 ; 10:31 SEVEMON SHELDON-4 612 681 4612;# 2/ 3 ORDINANCE NO. 2ND SERIFS AN ORDINANCE OF THE CITY OF EAGAN, M]NNESOTA, DELETING PROVISIONS OF EAGAN CITY CODE CHAPTER FIVE ENTITLED "REMOVING RESTRICTIONS ON ON -SALE LIQUOR LICENSES" AND ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain_ Section 1. Eagan City Code Chapter Five, Section 5.05 is hereby amended to read as follows: Section 5,05, Limitation on Ownership. No person shall be gmated an on -sale off -sale liquor license at more than one location. For the purpose of this section, any person owing an interest of five percent, or more, of the entity to which the license is issued, or if such ommership is by a member of any immediate family 1ivi% in ffie same household, as the licensee, that person shall be deemed to be a licensee. Section 2. Eagan City Code Chapter Five, Section 5.70, Subd. 3(14) is hereby deleted in its entirety and clauses (I), (J) and (K) shall be arelettered as follows: I H. On -sale wine licenses shall be 1pwftd only to restaurants as defined in this chapter. Provided, however, for purposes of this section, such resin ant shall have appropriate facilities for seating not less than 25 &=ts at one time. 11 Every license shall be granted subject to die provisions of this chapter and all other applicable provisions of the City Code and other laws rckting to the Operation of the licensed business. K J. Persons who hold both an on -sale wine license and on on -sale beer license and whose gross receipts are at least 50 percent atln`bndable to the sale of food may sell intoxicating malt liquor (strong beer) at on -sale without an additional license. Section 3. Eagan City Code Chapter Five, Section 5.52, Subd. 9 is hereby deleted in its R=94% 043)2L3 '78 05-30-97 10:38AM P002 #37 SENT BY: 5-30-87 ; 10:31 ; SEVERSON SHELDON 612 681 4612;# 3/ 3 R=94% Subd. 9. Reserved_ Section 4. EaM City Code Chapter 1 entitled "Cienend Provisions and Definitions Applicable to the Entire City Code including 'Penahy for Vidlation'" and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though, repeated verbatim. Section 5. Effective .Date. This ordinance shall take effect upon its adoption and publication according to law. �� By: E. I VanOverbelm Us: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: (P33780 05-30-97 10:38AM P003 #37 Agenda Information Memo June 3, 1997 ACTION TO BE CONSIDERED: To approve the plans and specifications for Contract 97-07 (Eagan Business Commons — Streets & Utilities) and authorize an advertisement for a bid opening to be held at 11:00 a.m., Thursday, June 26, 1997. FACTS: • When the developer had submitted the petition to the City Council on April 1, 1997, for the installation of public streets and utilities under Project 720, they also requested the simultaneous preparation of detailed plans and specifications. • If Project 720 is approved as a result of the public hearing process scheduled earlier on this agenda, it would be appropriate for the Council to approve those plans which have now been completed authorizing staff to initiate the competitive bid process. Agenda Information Memo June 3,1997 - Eagan City Council Meeting A. CONDITIONAL USE PERMIT — SEVER'S FARM MARKET ACTION TO BE CONSIDERED: • To approve/deny a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a produce stand to be located in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road legally described as on Lot 1, Block 2, Cedar Cliff Commercial Park Addition in the SE 1/4 of Section 30 subject to the conditions outlined 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 produce within a 90 square foot gazebo to be located at the southwest comer of the parking lot. The seasonal sale of produce will occur daily from 10:00 a.m. to 6:00 p.m. between June 25" to September I' of each year. • Sever's farm Market has occupied space within the parking lot of the center for the past two years from June to September. The City had approved the use administratively pending the adoption of the Seasonal Outdoor Sale Ordinance. • The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on May 27, 1997, and recommends approval of the Conditional Use Permit subject to conditions. BACKGROUND/ ATTACHMENTS: (2 APC Minutes, pages%, through. Staff Report, pages QS through r Xp . SENT BY: 5-30-97 ; 11:02 SEVERSON S[ELDON- 612 681 4612;# 3/20 Page 2 1Vlay 27, 1997 ADVISORY PLANNINU WMMISSION D PUBLIC HEARINGS CONDITIONAL USE PERMIT SEVER% FARM MARKET Commission Chair Heyl opened the first public hearing of the evening regarding a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a produce stand to be located in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road legally described as Lot 1, Block 2, Cedar Cliff Commercial Park Addition in the SEV4 of Section 30. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in City staffs planning report dated May 10, 1997. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. Andreas Schult4 1209 Penn Avenue North, Sever Schultz'a nephew, assured the APC that the best produce possible would be sold at the market and thanked the APC for allowing them to do service in the past. No persons from the public were present for comment. Member Burdorf moved, Member Frank seconded, a motion to recommend approval of a Conditional [Jse Permit (CLIP) to allow a seasonal outdoor sate consisting of a produce stand to be located in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road legally described as Lot 1, Block 2, Cedar Clio Commercial Park Addition in the SFIK of Section 30, 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: 2. The produce stand shall be allowed on the site between June 25th and September 1 st of each year. day. R=94% 3. Sales shall only be permitted between the hours of 10.00 a.m. to 6:00 p.m. 4. All signage shall meet City Code requirements. 5. All produce shall be removed firom the site at the closing of the stand each C)(o 12 432 3780 05-30-97 11:09AM P003 #38 SENT BY: 5-30-97 ; 11:02 ; SEVERSON SHELAON 612 681 4612;# 4120 Page 3 May 27, 1997 ADVL30RY PLANNING COMMISSION q 6. No outdoor storage other than which is approved by the City shall occur on the site. 7. Drive isles shall be maintained throughout the site. 8. The site shall be maintained free of trash and debris. 9. No parking associated with the seasonal sale shall occur off-site. 10. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated April 16, 1997. All voted in favor. R-94% 6 2 4323 80 05-30-97 11:09AM P004 #38 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 10, 1997 APPLICANT: Sever's Farm Market PROPERTY OWNER: Cedar Cliff Properties REQUEST: Conditional Use Permit LOCATION: 2127 Cliff Road CASE #: 30 -CU -14-4-97 HEARING DATE: May 27, 1997 PREPARED BY: Steve Dorgan COMPREHENSIVE PLAN: NB - Neighborhood Business ZONING: PD - Planned Development SUMMARY OF„REQUEST Sever's Farm Market is requesting approval of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale consisting of a produce stand to be located in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road legally described as Lot 1, Block 2, Cedar Cliff Commercial Park Addition in the SE 1/4 of Section 30. 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. 124 Planning Report - CUP Sever's Farm Market Seasonal Outdoor Sale May 10, 1997 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 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. 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. Planning Report - CUP Sever's Farm Market Seasonal Outdoor Sale May 10, 1997 Page 3 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 The Cedar Cliff Shopping Center was built in 1984 and consists of 37,900 SF of retail space on 4.6 acres. The Center is part of the Cedar Cliff Planned Development, which was created in 1980 and provided a mixture of commercial and residential uses on 73.4 acres. Sever's Farm Market has occupied space within the parking lot of the center for the last two years from June to September. The City previously approved the use administratively pending the approval of the Seasonal Outdoor Sale Ordinance. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Office; zoned Planned Development (PD) and guided Limited Business (LB) South - Pizza Hut, Doolittles Cafe and KLXX Radio; zoned Neighborhood Business and guided Limited Business (LB) East - Cedar Cliff Commercial Park; zoned Planned Development and guided Limited Business (LB) West - Holiday Gas Station and McDonalds; zoned and guided Commercial Shopping Center (CSC) 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. The applicant has applied for a Conditional Use Permit for the seasonal outdoor sale of produce to be conducted within a 90 square foot gazebo located at the southwest comer of the parking lot of the shopping center. The sale will occur daily from 10:00 a.m. to 6:00 p.m. between June 25' and September V of each year. All produce should be removed from the site at the closing of the stand each day. <<o Planning Report - CUP Sever's Farm Market Seasonal Outdoor Sale May 10, 1997 Page 4 Com atibilit,% with Surrounding Area - The proposed site is zoned and guided for commercial uses. All of the properties surrounding the proposed site are also zoned and guided for commercial uses. The seasonal outdoor sale of produce within the parking lot of the shopping center appears to be compatible with the uses of the surrounding area. Site Plan - The site plan shows the proposed booth to be located in the parking lot at the southwest corner of the site. City Code requires all outdoor storage be placed within an enclosure not to exceed the height of the enclosure. No produce should be stored beyond the booth area. Setbacks - City Code requires seasonal outdoor sales to be setback a minimum of 10 feet from any property line. The proposed display area meets the required setback from adjacent properties. Access/Circulation - The proposed booth does not appear to interfere with pedestrian or vehicular traffic on-site. The use will occupy 3 parking spaces, however all drive aisles will be open for vehicular circulation. Drive aisles should be maintained throughout the site. Signage - The applicant is proposing signs along the roofline of the display booth that face the public street. All signage should conform with City Code standards. Parking - Currently, 219 parking spaces are provided on-site. The proposed use will occupy 3 parking spaces at the southwest portion of the parking lot. The City has no record of parking problems associated with the Cedar Cliff Shopping Center. Therefore, the temporary loss of 3 parking spaces should not cause any parking problems related to the proposed use. Parking associated with the outdoor sales event does not appear likely to spill over onto adjacent properties. SUMMARY/CONCLUSION The proposed seasonal outdoor sale of produce at the Cedar Cliff Shopping Center will be located at the southwest corner of the parking lot on corner of Cliff Road and Nicols Road . The sale will occur daily from 10:00 a.m. to 6:00 p.m. between June 25`h and September 15` of each year. The proposed location of the produce stand does not appear to interfere with vehicular or pedestrian traffic on-site or result in parking constraints. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale consisting of a produce stand to be located in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road, Lot 1, Block 2, Cedar Cliff Commercial Park Addition in the SE 1/4 of Section 30. 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. Planning Report - CUP Sever's Farm Market Seasonal Outdoor Sale May 10, 1997 Page 5 The CUP shall be continually subject to the following conditions: 1. The produce stand shall be allowed on the site between June 25`h and September V of each year. 2. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m. 3. All signage shall meet City Code requirements. 4. All produce shall be removed from the site at the closing of the stand each day. 5. No outdoor storage other than which is approved by the City shall occur on the site. 6. Drive isles shall be maintained throughout the site. 7. The site shall be maintained free of trash and debris. 8. No parking associated with the seasonal sale shall occur off-site. 9. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated April 16, 1997. FINANCIAL OBLIGATION — Lot 1, Block 2, Cedar Cliff Commercial Park There are pay-off balances of special assessments totaling $11,193 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 ( l3 5-0 aver s rarm MZ§rK= �_�: r.�ci�aK�6 r s�r•s: 0]aIIIts mill re I* 6A1Illi ■ :10 PRO ME 1■1011121111I �l ■ � a� r�u�rMEw ■■■Es Olson' A Mir s� Mkel L ii �I+= : � r. � / o V i�� ww i- c SIC � L f uy"oo��•°> w� Yi y��t OCEEOY�{a.. 0a•4i c G L YGY tC Yc Y LC c' 0 y a + ° a T 4 w G C .21 Y E a c G c •_ • ue 4QAYv I6+ p �dOt`� ii�v C •wig. '�.% 1 'OC 'aYS ..'a7S +�• L..s� 4/9/97 To The City of Eagan Re: Cedar Cliff Mall location Since before the turn of the century, our family has grown vegetables in the community of Eden Prairie, MN. We sell our produce in twenty-four locations in the metropolitan area. It seems that most Minnesota families have roots back to the farm and want to remain connected to production agriculture. Their desire for farm fresh produce with flavor and nutrition makes our operation a popular community service. Our crops include; sweet corn, muskmelons, watermelons. tomatoes, beans, cucumbers, raspberries, strawberries, peppers, and zucchini. We like to sell our produce in family oriented shopping areas. We believe Cedar Cliff Mall in Eagan is this type of an area. We have marketed our produce at Cedar Cliff the past two seasons and have enjoyed our relationship with the people of Eagan. Our operation spans over five generations, from grandparents to our grandniece. The farm's various employees include twenty-three family members, plus college students and teachers. We have training sessions which include professional seminars, for everyone. Our experience, work ethic and reputation of quality vegetables has already been welcomed by the Eagan community during our 1995 and 1996 seasons. We harvest everyday so we must sell everyday. We feel it is important to be open daily in order to provide the kind of service a community expects. We plan to be open June 25-Sept.1,1997. Our hours are 10 AM - 6 P M, seven days a week. Nothing is left at the gazebo before or after hours. The area is kept very neat and clean at all times. We pledge to do our best! Our produce stand is a six sided gazebo, six feet on a side. The shelves are 30 in. from the ground and the bottom of the valance is 7 ft. from the ground. The vaiances, themselves, are 18 in. top to bottom. The gazebo occupies ninety square feet. We have enclosed a photo, and dimensions of the gazebo. Sincerely, Sever and Sharon Peterson Sever's Farm Market 412 or %Z to Z VA l �� Agenda Information Memo June 3, 1997 - Eagan City Council Meeting B. CONDITIONAL USE PERMIT — SEVER'S FARM MARKET ACTION TO BE CONSIDERED: • To approve/deny a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a produce stand to be located in the parking lot of the Wal-Mart store at 1360 town Centre Drive legally described as Lot 1, Block 1, Town Centre 70 Eleventh Addition in the NW 1/4 of Section 15 subject to the conditions outlined 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 produce within a 90 square foot gazebo to be located at the northwest comer of the parking lot. The seasonal sale of produce will occur daily from 10:00 a.m. to 6:00 p.m. between June 25" to September I' of each year. • Sever's farm Market has occupied space within the parking lot of the Wal-Mart store last year from June to September. The City approved the use administratively pending the adoption of the Seasonal Outdoor Sale Ordinance. • The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on May 27, 1997, and recommends approval of the Conditional Use Permit subject to conditions. BACKGROUND/ ATTACHMENTS: (2 APC Minutes, pages �,."� through A Staff Report, pages through SENT BY: 5-30-87 ; 11:03 ; SEVERSON SHELDON-+ 612 681 4612;# 5/20 R=94% Page 4 miry 27,1997 ADVISORY PLANNINOr WMMT STOW CONDITIONAL USE PERMIT SEVER'S FARM MARKET OG�q� Commission Chau Hey] opened the next public hearing of the evening regarding a Conditional Use Permit to allow seasonal outdoor sales of farm produce on Lot 1, Block 1, Town Centre 70 Eleventh Addition (Wal-Mart) located an Duckwood Drive and Town Centre Drive in the N W Y4 of Section 15. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in City staffs planning report dated May 10, 1997. Mr. Dorgan .noted the background and history, the surrounding uses and the existing conditions of the subject property. It was noted that the applicanfs nephew and wife were available for questions. 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 seasonal outdoor sales of farm produce on Lot 1, Block 1, Town Centre 70 Eleventh Addition (Wal-Mart) located on Duckwood Drive and Town Centiv Drive in the NW'r4 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: 2. The produce stand shall be allowed on the site between June 25th and September l st of each year. 3. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m. 4_ All produce shall be removed from the site at the closing of the stand each day. 5. All signage shell meet City Code requirements. 6. No outdoor storage other than which is approved by the City shall occur on the site. 7. chive isles shall be maintained throughout the site. 12 432 3780 05-30-97 11:09AM P005 #38 SEM BY: 5-30-97 ; 11:03 ; SEVERSON SHELDON-* 612 681 46124 6/20 Page 5 May 27.1997 AOV I.SORY YY.ANNINO COhdMJSSION S. The site shall be maitttained free of trash and debris. 3 I �" wt � P'r 9. No parking associated with the seasonal sale shall occur off-site. 10. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated April 16, 1997. All voted in favor. R=94% -- -2. es 612 432 3780 05-30-97 11:09AM P006 #38 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 10, 1997 APPLICANT: Sever's Farm Market PROPERTY OWNER: Wal-Mart REQUEST: Conditional Use Permit LOCATION: 1360 Town Center Drive COMPREHENSIVE PLAN: CA - Central Area ZONING: CSC - Commercial Shopping Center SUMMARY OF REQUEST CASE #: 15 -CU -15-4-97 HEARING DATE: May 27, 1997 PREPARED BY: Steve Dorgan Sever's Farm Market is requesting approval of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale consisting of a produce stand to be located in the parking lot of the Wal-Mart store at 1360 Town Center Drive legally described as Lot 1, Block 1, Town Centre 70 Eleventh Addition in the NW 1/4 of Section 15. 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. � a4 Planning Report - CUP Sever's Farm Market Seasonal Outdoor Sale May 10, 1997 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 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. 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. Planning Report - CUP Sever's Farm Market Seasonal Outdoor Sale May 10, 1997 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 Town Center 70 Eleventh Addition (Wal-Mart) was Platted in 1990 and the building built in 1991. The Wal-Mart store is part of the Town Center Shopping Center located north of Duckwood Drive and east of Town Center Drive. Sever's Farm Market occupied space within the Wal-Mart parking lot last year from June to September. The City previously approved the use administratively pending the approval of the Seasonal Sales Ordinance. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Town Center Shopping Center; zoned Commercial Shopping Center (CSC) and guided Central Area (CA) South - Frank's Nursery and Duckwood Square; zoned Commercial Shopping Center (CSC) and guided Central Area (CA) East - Town Center 70 Fifteenth Addition (Vacant); Commercial Shopping Center (CSC) and guided Central Area (CA) West - Super America and Mermaid Car Wash; Commercial Shopping Center (CSC) and guided Central Area (CA) EVALUATION OF REQUEST The 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. The applicant has applied for a Conditional Use Permit for the seasonal outdoor sale of produce to be conducted within a 90 square foot gazebo located at the northwest corner of the parking lot of the Wal-Mart store. The sale will occur daily from 10:00 a.m. to 6:00 p.m. between June 25' and September 1' of each year. All produce should be removed from the site at the closing of the stand each day. Planning Report - CUP Sever's Farm Market Seasonal Outdoor Sale May 10, 1997 Page 4 Compatibili • with Surrounding Area - The proposed site is zoned and guided for commercial uses. All of the properties surrounding the proposed site are also zoned and guided for commercial uses. The seasonal outdoor sale of produce within the parking lot of the Wal-Mart store appears to be compatible with the uses of the surrounding area. Site Plan - The site plan shows the proposed booth to be located in the parking lot at the northwest corner of the site. City Code requires all outdoor storage be placed within an enclosure not to exceed the height of the enclosure. No produce should be stored beyond the booth area. Setbacks - City Code requires a seasonal outdoor sale to be setback a minimum of 10 feet from any property line. The proposed display area meets the required setback from adjacent properties. Access/Circulation - The proposed booth does not appear to interfere with pedestrian or vehicular traffic on-site. The use will occupy 3 parking spaces, however all drive aisles will be open for vehicular circulation. Drive aisles should be maintained throughout the site. Signage - The applicant is proposing signs along the roofline of the display booth that face the public street. All signage should conform with City Code standards. Parkin - Currently, 772 parking spaces are provided on-site. The proposed use will occupy 3 parking spaces at the northwest portion of the parking lot. The City has no record of parking problems associated with the Wal-Mart store. Therefore, the temporary loss of 3 parking spaces should not cause parking problems related to the proposed use. Parking associated with the outdoor sales event does not appear likely to spill over onto adjacent properties. SUMMARY/CONCLUSION The proposed seasonal outdoor sale of produce at the Wal-Mart store will be located at the northwest corner of the parking lot along Town Centre Drive. The sale will occur daily from 10:00 a.m. to 6:00 p.m. between June 25 h and September 1 S` of each year. The proposed location of the produce stand does not appear to interfere with vehicular or pedestrian traffic on-site or result in parking constraints. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale consisting of a produce stand to be located in the parking lot of the Wal-Mart store at 1360 Town Centre Drive, Lot 1, Block 1, Town Centre 70`h Addition in the NW 1/4 of Section 15. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. D-7 Planning Report - CUP Sever's Farm Market Seasonal Outdoor Sale May 10, 1997 Page 5 The CUP shall be continually subject to the following conditions: 1. The produce stand shall be allowed on the site between June 25' and September 1 g' of each year. 2. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m. 3. All produce shall be removed from the site at the closing of the stand each day. 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. Drive isles shall be maintained throughout the site. 7. The site shall be maintained free of trash and debris. 8. No parking associated with the seasonal sale shall occur off-site. 9. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated April 16, 1997. FINANCIAL OBLIGATION — Lot 1, Block 1, Town Centre 70, Eleventh Addition There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility. Improvement Use Rate Quantity Amount None SO • ALV III@IInk1I :Is 7 "T 61111 Its mill �:10 m EMESIGN SIR unu uuu mn .�`Ap 'r ■■■w� 1 ■■■■■'AN ■ R, 7011 mongoose �40 NOWmm WIL �■■ .. ■■■NN ■■■■■ �r 4 �� n■■M CIIIs &or s rarm marKet e No_ is.CU.95.Ad.9 man wmmumcv v.vausnmaar uaa. a rla A r*a n :l• W, eslonaiic of Aran mp .ns. l,�i.'Ir'� Mul : .�..._.�.�...FMAEUMN `r ;►�1 I I-MI:=...�1.. 2� .-a: smal M..■.. �7- H aim as � ! u1_ low wl. 10 .on i amaze son ■o�u�l►►, W, eslonaiic of Aran F-. 4/9/97 To The City of Eagan Re: Wal-Mart location Since before the turn of the century, our family has grown vegetables in the community of Eden Prairie, MN. We sell our produce in twenty-four locations in the metropolitan area. It seems that most Minnesota families have roots back to the farm and want to remain connected to production agriculture. Their desire for farm fresh produce with flavor and nutrition makes our operation a popular community service. Our crops include; sweet corn, muskmelons, watermelons, tomatoes, beans, cucumbers, raspberries, strawberries, peppers, and zucchini. We like to sell our produce in family oriented shopping areas. We believe the Wal-Mart location in Eagan is this type of an area. Last year, 1996, was our first year marketing in the Wal-Mart outer lot. We had a good response from the community and Wal-Mart has invited us to return this year, confirming their confidence in us. Our operation spans over five generations, from grandparents to our grandniece. The farm's various employees include twenty-three family members, plus college students and teachers. We have training sessions which include professional seminars, for everyone. Our experience, work ethic and reputation of quality vegetables has already been welcomed by the Eagan community during our 1996 season. We harvest everyday so we must sell everyday. We feel it is important to be open daily in order to provide the kind of service a community expects. We plan to be open June 25 -Sept. 1, 1997. Our hours are 10 AM - 6 PM, seven days a week. Nothing is left at the gazebo before or after hours. The area is kept very neat and clean at all times. We pledge to do our best! Our produce stand is a six sided gazebo, six feet on a side. The shelves are 30 in. from the ground and the bottom of the valance is 7 ft. from the ground. The valances, themselves, are 18 in. top to bottom. The gazebo occupies ninety square feet. We have enclosed a photo, and dimensions of the gazebo. Sincerely, Sever and Sharon Peterson Sever's Farm Market �t W v,-7 C u t � Z �3S i 0 d J t OA Agenda Information Memo June 3, 1997 Eagan City Council Meeting C. INTERIM USE PERMIT — STEININGER RECYCLE. INC. ACTION TO BE CONSIDERED: To approve or deny an Interim Use Permit to allow continuation of concrete recycling on property described as PID # 10-01300-012-26 located at the southwest comer of T.H. 149 and Yankee Doodle Road in the NW I/4 of Section 13, subject to the conditions recommended by the APC. FACTS: Steininger's recycling operation has been in use on this property since July 1989 when the City approved the initial special use permit. The last review occurred in 1994 with approval of a two year interim use permit. The IUP expired on November 15, 1996 and must be renewed or the use discontinued. The recycling operation involves stockpiling rubble concrete which is then crushed into reusable Class 5 aggregate. The operation utilizes about half of the 3.5 acre site. The property is guided for industrial development. The current use is intended to be transitional until the property owner (Gopher Resources) decides to sell or develop the site. To date, staff is unaware of any complaints regarding the recycling operation. This property was identified by the APC during the trucking study as potentially inappropriate for trucking or industrial uses involving outdoor storage due to it's location at a key "gateway" to the Eagan central area. The APC recommended further study of this property to determine the most appropriate future uses. > With development of Eagan Promenade, Yankee Doodle Road has become the primary entry into the central area of Eagan. As such, it may be appropriate at this time for the applicant or the property owner to install some landscaping along Yankee Doodle to help screen the recycling operation and stockpiles. At their meeting on May 27, 1997, the APC recommended approval of an Interim Use Permit to allow continuation of concrete recycling, subject to conditions in the staff report. ISSUES: The APC also discussed adding a condition requiring the applicant to remove all materials from the site within 90 days after the operation ceases. While the APC did not formally recommend adding this condition, primarily because it was discussed after they had acted on this request, they did suggest that the City Council may want to consider it. l 51 > In addition, since the APC meeting, city staff have raised concerns about the possibility of mining occuring on-site. It is suggested that another condition be added stating: " No mining shall be allowed on the property." BACKGROUND/ATTACHMENTS: > Minutes of May 27, 1997 APC meeti , pages �hrough 8-0 > Staff report, pages +through IV l�� SENT BY: 5-30-97 ; 11:03 ; SEVERSON SHELDON-4 612 681 4612;# 7/20 R-94% Page 6 May 27, 1997 ADVISORY PLANNING COMMISSION INTERIM USE PERMIT STEININGER RECYCLE, INC. 1811 Pd*4?? Commission Chair Heyl opened the next public hearing of the evening regarding an Interim Use Permit to allow continuation of concrete .recycling on property described as PID 10-01300-012-26 located at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW'/4 of Section 13. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated May 21, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant was not present. No persons from the public were present for comment. lu response to member Segal's inquiry as to why the company was put on probation, Ms. Farnham stated that the operation was placed on probation for one year beginning; March 25, 1997, for failure to allow inspection by the State Department of Weights and Measures. While on probation, the company is required to comply with all City codes, including the review of the interim use permit. Commission Chair Hey] noted that the permit would only be good for one year. Member Burdorf inquired about the lateness of this request seeing that their previous interim use permit had expired six months ago. Senior Planner R.idlcy stated that they had been in negotiations with the company and were satisfied with the timing of this request. Member Carlson questioned the applicant's obligation to do buffering when the long term beneficiary would be the owner. Planncr Farnham stated that either the owner or the applicant could be responsible for the buffer as long as it was done. Member Prank moved, Member Burdorf seconded, a motion to recommend approval of an interim Use Permit to allow continuation of concrete recycling on property described as Pro 10-01300-012-26 located at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW'/a of Section 13, subject to the following conditions: 1'�l 612 432 3780 05-30-97 11:09AM P007 #38 SENT BY: 5-30-97 ; 11:04 ; SEVERSON SHELDON-* 612 681 4612;# 8/20 Page 7 May 27. 1997 ADVISORY FI ANNING CO1vBVlISSION 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate one year from the daft of Council approval. 2. The slope on the western edge of the property shell be maintained through re- grading and m -seeding as necessary to prevent erosion as determined by the City. 3. Dust control procedures shall be utilized 4_ The hours of operation shall be limited to 7:00 a.m. — 7:00 p.m. Monday through Saturday. 5. The applicant, or property owner, shall install landscaping and berms along the north property edge abutting Yankee Doodle Road. 6. The operation must be in compliance will all applicable State and local regulations. All voted in favor. R-94% I q'0-0 612 432 3780 05-30-97 11:09AM P008 #38 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 21, 1997 APPLICANT: Greg Steininger PROPERTY OWNER: Gopher Smelting & Refining REQUEST: Interim Use Permit CASE M 13 -IN -14-97 HEARING DATE: May 27, 1997 PREPARED BY: Julie Farnham LOCATION: SW corner of T.H. 149 and Yankee Doodle Road COMPREHENSIVE PLAN: IND - Industrial ZONING: PD - Planned Development SUMMARY OF RE UEST The applicant is requesting an Interim Use Permit to allow continuation of concrete recycling on property described as PID 10-01300-012-26 located at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW '/4 of Section 13. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.22, Subd. 2 states: The Council may issue interim use permits for an interim use of property if. A The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty, and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future, and D. The user agrees to any conditions that the council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use perntits. 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: Planning Report — Steininger IUP May 27, 1997 Page 2 A Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Section 11.40, Subd. 4. D. Conditions, states: In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/fiISTORY This property is located within the Gopher -Eagan Industrial/Residential PD which was established in 1976. The PD Agreement indicates low -medium density residential on this property. However, the original land use plan was substantially modified when West Publishing acquired the surrounding property for office and light industrial development. As such, the original land use plan doesn't provide much direction. The property is guided for industrial development. This property was also identified by the APC during the trucking study as potentially inappropriate for tracking or industrial uses involving outdoor / (/2 Planning Report — Steininger IUP May 27, 1997 Pae 3 storage due to it's location at a key "gateway" to the Eagan central area. This was one of several properties identified by the APC for further study to determine the most appropriate uses for future development in this area. The original Special Use Permit to allow concrete recycling on this property was issued in July 1989. One of the conditions of approval was that the permit be reviewed annually. The last review occurred in 1994 with approval granted on November 15, 1994, for a term of two years. As such, the IUP expired on November 15, 1996 and must be renewed or the use discontinued. The operation was placed on probation for one year beginning March 25, 1997 for failure to allow inspection by the State Department of Weights and Measures. One of the conditions of their probation was that they come into compliance with all City Codes. EXISTING CONDITIONS The site is relatively flat. The central area of the site contains a trailer, porta-potty and scale. Several stockpiles of materials are located around this central area. There have been signs of erosion problems on the steep slopes along the west edge of the property adjacent to the City's reservoir site. It appears that these slopes have been re -graded and re -seeded to control the erosion. The 1994 IUP included a condition requiring installation of a 150' long bituminous entry driveway at the time Yankee Doodle was improved. This driveway has been installed. It connects to a gravel driveway that rings the central area of the site providing access to the stockpiles. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Gopher Smelting; zoned PD; guided IND South - West Publishing; zoned PD; guided IND East - Undeveloped; gravel mining; zoned I-1; guided IND West - City reservoir and West Publishing; zoned P and PD; guided IND EVALUATION OF REQUEST Proposed Use — The applicant's recycling operation involves stockpiling rubble concrete. When the concrete accumulates to 20,000 cubic yards, a crushing plant is brought to the site to reduce the rubble to reusable Class 5 aggregate. The operation, including, structures and stockpiles, utilizes about half of the 3.5 -acre site. Compatibility with Surrounding Area - The property has been used for concrete recycling for the past 7-'/s years. The proposed use will remain the same so there should not be any change in impact on the surround properties. The use is intended to be a transitional use until the property owner (Gopher l V-3 Planning Report — Steininger IUP May 27, 1997 Pace 4 Smelting) decides to sell or develop the site. Site Plan - The site plan reflects the existing conditions. The applicant is not proposing any changes to the site layout. Structure - The only structures on the property are the site trailer and a porta-potty. Landscaping - No landscaping is proposed with this request. There are some existing scattered trees on site, mostly along the east edge abutting T.H. 149. With development of Eagan Promenade to the west, Yankee Doodle Road has become the primary entry into the central area of Eagan. Subsequently, the City has been interested in improving the appearance of Yankee Doodle Road. As such, it may be appropriate at this time for the applicant or the property owner to install some landscaping along Yankee Doodle Road to help screen the view of the recycling operation and the stockpiles. SUMMARY/CONCLUSION This recycling operation has been in effect since 1989 and staff is unaware of any complaints to date. No changes are proposed to the operation or the site layout which occupies about half of the 3.5 acre site. While this use is considered transitional, it might be appropriate to include some landscape screening along Yankee Doodle Road since it is the primary entrance to the City's central area. ACTION TO BE CONSIDERED A. To recommend approval or denial of an Interim Use Permit to allow concrete recycling on property described as PID 10-01300-012-26 located at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW '/. of Section 13 subject to the following conditions: 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate one year from the date of Council approval. 2. The slope on the western edge of the property shall be maintained through re -grading and re- seeding as necessary to prevent erosion as determined by the City. 3. Dust control procedures shall be utilized. 4. The hours of operation shall be limited to 7:00 a.m. — 7:00 p.m. Monday through Saturday. 5. The applicant, or property owner, shall install landscaping and berms along the north property edge abutting Yankee Doodle Road. 6. The operation must be in compliance will all applicable State and local regulations. lqv mor we "m Its' 61141 `•I1 [011m Vl�:10 Subject t Site 11 2-P .solo ofEqVr; Zoning Map Current Zoning Pl) Planned Development Steininger Recycle, Inc. Case No. 13 -IN -01-04-97 3 Goo o Soo loon Feet NOMA z Q a LL VJ ` -. V � � J 11 --- 1 I � ! Ir� ! lq lq Agenda Information Memo June 3,1997, Eagan City Council D. INTERIM USE PERMIT —SMC COMPOST SERVICES ACTION TO BE CONSIDERED: > To approve or deny an Interim Use Permit to allow a yard waste and compost facility on Outlots H and I, Gopher Eagan Industrial Park 2 Addition, located north of Yankee Doodle Road at the intersection with Elrene Road, in the SW 1/4 of Section 12, subject to the conditions outlined in the APC minutes. FACTS: > An interim use permit for Outlot I was issued for the County yard waste and compost facility in 1992 for a five year term. > SMC Compost Services is proposing to renew the existing permit for Outlot I, and expand the facility to the east onto Outlot H. > The Advisory Planning Commission held a public hearing on May 27, 1997, and recommended approval of the Interim Use Permit, subject to conditions. ISSUES: > The applicant's landscaping proposal for four trees per parcel, spaced 80 feet apart would span a distance of 240 feet. The condition in the staff report would have doubled the number of trees to 8 per parcel and reduced the spacing by '/z, while keeping the total distance covered by the landscaping the same. The APC modified the conditions to further reduce the spacing between trees to 20 feet. The APC, however, did not specifically increase the required number of trees to account for the reduced spacing, but staff believes it was the APL's intent to do so. If the Council concurs, staff recommends that condition #5 be reworded as follows: 5. A minimum of 12 evergreen trees shall be installed along the south border of each parcel to provide a continuous screen between the facility and Yankee Doodle Road. The trees shall be spaced no more than 20 feet apart and shall meet the minimum size specifications required by City Code. The landscaping shall be installed by September 30, 1997. ATTACHMENTS:,./� May 27, 1997 APC Minutes, pages through �� Staff Report, pages I S3through SENT BY: 5-30-97 ; 11:04 ; SEVERSON SHELDON-; 612.681 4612;# 9/20 Pap 8 May 27, 1997 ADVWRY PLANNING, CUMML581UA1 INTERIM USE PERIVIIT SMC COMPOST SERVICES Me? Commission Chair Heyl opened the next public hearing of the evening regarding an Interim Use Permit for the yard waste and compost facility on property located north of Yankee Doodle Road at Eire fie Road in the SEK of Section 11 and the SW% of Section 12. SMC is seeking to renew their interim use permit for Outlot 1, which expires in June, 19972 and to expand the facility onto the adjacent parcel, Outlot H. Associate Planner Dudalak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated May 22, 1997. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. John Cuillemette of 9901 Harrison in Bloomington, Manager of SMC was available for questions. In response to Member Segal's inquiry about a rodent prevention plan, the applicant stated that they have never had any problems with rodents and therefore do not have a plan. In response to Member Burdorps question about why the applicant had not met staff recommendations for trees, the applicant stated that they had planted trees on Outlot 1 and then during the construction of Yankee Doodle Road, the berm was taken out and all the trees had to be removed. The trees were transplanted to another area and all died. SMC has decided to wait until the construction of Yankee Doodle Road is complete and will then proceed with the purchase of plants and trees. Member Miller noted that the distance of 40' between trees as stated in Condition No. 5 was extremely wide and he expressed hope that the applicant would be planting more trees closer together. The applicant stated that they planned to plant trees with only 15 feet between them. In response to Member Miller's suggestion of amending Condition No. 5 to read "20 feet" the applicant stated that he would have no problem with this. No members from the public were present for comment. Member Segal questioned the reasoning for a three-year permit when it had previously been a five year permit. In response, Ms. Dudziak stated that the City has plans for the development of North Park and if they were to go ahead with these plans, it is possible they would need to use one of the lots as an access and therefore three years seemed like the better time period. Member Miller moved, Member Frank seconded, a motion to recommend approval of an Interim Use Permit for the yard waste and compost facility on property located /5-0 612 432 3780 05-30-97 11:09AM P009 #38 SEM' BY: 5-30-97 ; 11:04 ; SEVERSON SHELDON 612 681 4612;#10/20 P480 9 May 27, 1997 ADVISORY PLANNING COMMISSION north of Yankee Doodle Road at Elrene Road in the SE'/4 of Section 11 and the SWIA of Section 12. SMC is seeking to renew their interim use permit for Outlot 1, which expires in June, 1997, and to expand the facility onto the adjacent parcel, Ouflot 14, subject to the following conditions: 1. This permit shall be for a three year period. 2. This interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. Two ponding areas shall. be constructed to contain runoff from the expansion on Outlot H. The design of these ponding areas is subject to review and approval of the City Water Resources Coordinator. 4. A grading/excavation permit is required for the grading of the site. 5. A minimum of 16 Evergreen trees shall be installed along the south border of the property to provide a continuous screen between the facility and Yankee Doodle Road. The trees shall be space no more than 20 feet apart and shall meet the minimum size specifications required by City Code. The landscaping shall be installed by September 30, 1997. In farther discussion, Member Segal suggested that two conditions from the previous hearing also be added to the conditions for this hearing, Conditions No_ 1 and 6. Member Segal also suggested that a condition be added stating that all compost and equipment must be removed from the site within 90 days in the event that the permit is not renewed or upon termination. Member Miller and Member Drank continued their motion to recommend approval of an Interim Use Permit for the yard waste and compost facility on property located north of Yankee Doodle Road at Elrene Road in the SFsK of Section 11 and the SWIA of Section 12. SMC is seeking to renew their interim use permit for Outlot T, which expires in June, 1997, and to expand the facility onto the adjacent parcel, Outlot H, subject to the following added conditions: action. R-94% I. The permit shall be recorded with Dakota County within 60 days of Councfl S 612 432 3780 05-30-97 11:09AM P010 #38 SEM' BY: 5-90-97 ; 11:05 ; SEVERSON SHELDON-* 612 681 4612;#11/20 Pap 10 May 27,1997 ADVISORY YLANNWC C:OIVII SS1UN x The operation must be in compliance will all applicable State and local regulations. 3. In the event that the permit is terminated or not renewed, all materials and equipment shat[ be removed from the site within 90 days. All voted in favor. R=94% 5�001 612 432 3780 05-30-97 11:09AM P011 #38 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 22, 1997 APPLICANT: SMC Compost Services PROPERTY OWNER: Gopher Resources REQUEST: Interim Use Permit CASE: 12 -IN -1-10-96 HEARING DATE: May 27, 1997 PREPARED BY: Pamela Dudziak LOCATION: Outlots H and I, Gopher Eagan Industrial Park 2" Addition COMPREHENSIVE PLAN: IND — Limited Industrial ZONING: PD — Planned Development SUMMARY OF REQUEST SMC Compost Services is requesting an Interim Use Permit for the yard waste and compost facility on property located north of Yankee Doodle Road at Elrene Road in the southeast '/4 of Section 11 and southwest '/4 of Section 12. SMC is seeking to renew their interim use permit for Outlot I, which expires in June, 1997, and to expand the facility onto the adjacent parcel, Outlot H. AUTHORITY FOR REVIEW City Code Section 11.22 defines and interim use as a "temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it." This section further provides that the council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is ne essary for the public to take the property in the future; and D. The user agrees to any conditions that the council deems appropriate for permission of the use; and S 5 Planning Report — SMC Compost Services May 27, 1997 Page 2 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Section 11.40, 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. 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. BACKGROUND/fUSTORY In June of 1992, the Eagan City Council approved an interim use permit to allow a County compost and yard waste facility on Outlot I, Gopher Eagan Industrial Park 2" Addition. A five- year term was established for the interim use permit and it expires in June of this year. With their renewal request, SMC is also requesting to expand the composting operation onto the adjacent parcel, Outlot H. EXISTING CONDITIONS The site takes access from Yankee Doodle Road opposite Elrene Road. The topography is such that the compost area is below the grade of Yankee Doodle Road. Southwest of the site are townhomes which are under construction. Other surrounding property is vacant and guided (S � Planning Report — SMC Compost Services May 27, 1997 Page 3 and/or zoned for industrial development. The adjacent property to the north is undeveloped and the City is in the process of acquiring it for parks development. The City also owns Outlot I and it is anticipated to be developed as a parking area to support the future park north of the site. Natural vegetation and trees buffer the compost area to the north and west. However, the site is open to the south. The 1992 interim use permit included conditions that after the 1994 Yankee Doodle Road improvements, a landscape plan would be prepared and implemented and the entire access road to the gatehouse would be paved. Although the driveway is not paved completely to the gatehouse, the 200 feet of pavement extending from Yankee Doodle Road appears sufficient to serve this temporary use. The landscaping adjacent to Yankee Doodle Road, however, should be completed for screening and aesthetic purposes. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant; Zoned I-1, Limited Industrial; Guided IND, Industrial South - Townhomes; Zoned R-3, Residential Townhome; Guided D -III, Mixed Residential and Vacant; Zoned PD, Planned Development; Guided IND, Industrial East - Vacant (Gopher Smelting and Refining Co.); Zoned PD, Planned Development; Guided IND, Industrial West - Under construction (Professional Plastics); Zoned I-1, Limited Industrial, Guided IND, Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is located within an industrial district. The property to the north is undeveloped and the City plans to acquire it for future parks development. The City owns Outlot I and has a lease agreement which allows the property to be used by SMC. erations — The composting operation potentially can produce odors and noise which may become a nuisance. Operations are conducted to minimize the off-site impact of these potential nuisances. Odors are controlled through proper maintenance of the compost materials to prevent the establishment of odor producing bacteria. Noise is produced by the intermittent use of equipment to prepare and maintain the compost materials and has not been a problem in the past. Site Plan — The existing composting area is located on the westerly parcel, Outlot I. The expansion area is on the easterly parcel, Outlot H. The area to be used for compost is below the grade of Yankee Doodle Road, and is set back approximately 50 feet from the property line. The composting area is proposed to be surfaced with four to six inches of crushed concrete. ls� Planning Report — SMC Compost Services May 27, 1997 Page 4 Landscaping — The 1992 interim use permit required landscaping to be installed to buffer and screen the facility from Yankee Doodle Road. This landscape requirement has not been satisfied. The applicant included a landscape plan with this submittal and proposes eight evergreen trees, spaced- 80 feet apart, along the south boundary of the site adjacent to Yankee Doodle Road. Additional evergreen trees to provide maximum spacing of 40 feet between trees should be provided to afford a more continuous screen between the facility and Yankee Doodle Road. As required by City Code, all evergreen trees should be a minimum of six feet in height. Grading/Storm Drainage — The grading plan is acceptable. The site slopes from south to north away from Yankee Doodle Road and is generally open with the exception of some heavily wooded areas near Pond EP -2. A grading and excavation permit is required for grading of the site. Wetlands/Water Quality — Runoff from the existing compost site (Outlot I) is contained within a series of depressions along the western margin of the site. Runoff from the expansion site (Outlot H) would be discharged off-site to a proposed shallow pond which in turn discharges to a channel that enters Pond EP -2 on the Borchert -Ingersoll property. Pond EP -2 has been reclassified to indirect contact recreation because it will be included as a major recreational and scenic feature in the proposed North Park. Because of the leachate from plant material on the site, the quality of the runoff water from the compost site expansion will be very poor. Thus, it is desirable to minimize discharge from the site as much as possible. To minimize the potential for discharge to Pond EP -2, two ponds are provided— one on the east edge of the compost site expansion (Outlot H) and one on Gopher Resource Property just to the east (Outlot G) which will have sufficient wet volume to fully contain the runoff from very large rainfall events (i.e. over ten-year recurrence interval precipitation events). With some minor design modifications (i.e. moving the discharge point of Pond A to its southeast comer), these ponds should provide adequate protection of water quality in Pond EP -2. There are no jurisdictional wetlands within the area affected by the proposed expansion. Utilities — There are currently no utilities serving the site and none are proposed. A trailer for the facility attendant is located on the site and is equipped with a telephone. A portable restroom is also available at the site. Access/Street Desien — Access to the site will be taken through an existing access road to the present compost site. The access road directly aligns with Elrene Road at Yankee Doodle Road. Access and unauthorized dumping are regulated by a gate which is locked when the facility is closed. The 1992 permit required the access road to be paved to the gatehouse. Although the access road is not paved completely to the gatehouse, the pavement extends about 200 feet into the property and appears to be sufficient to serve this interim use. Planning Report — SMC Compost Services May 27, 1997 Page 5 Easements/Rights of Way/Permits — A grading/excavation permit is required for the grading of the site. Tree Preservation — No tree removal is proposed. Parks and Recreation — The City currently owns Outlot I and plans to eventually develop it as an access and parking lot to support the future park north of this site. SUMMARY/CONCLUSION The proposed compost site and expansion appears compatible with the surrounding area and satisfies the interim use permit criteria outlined in the City Code. Ponding areas to contain runoff from the operation will need to be installed and the landscaping and paving completed this summer. ACTION TO BE CONSIDERED To recommend approval or denial of an Interim Use Permit to allow a composting and yard waste facility to operate on Outlots H and I, Gopher Eagan Industrial Park 2nd Addition, located north of Yankee Doodle Road at Elrene Road in the southeast'/4 of Section 11 and southwest 1/4 of Section 12. If approved, the following conditions should be included: 1. This permit shall be for a three year period. 2. This interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. Two ponding areas shall be constructed to contain runoff from the expansion on Outlot H. The design of these ponding areas is subject to review and approval of the City Water Resources Coordinator. 4. A grading/excavation permit is required for the grading of the site. 5. A minimum of 16 Evergreen trees shall be installed along the south border of the property to provide a continuous screen between the facility and Yankee Doodle Road. The trees shall be space no more than 40 feet apart and shall meet the minimum size specifications required by City Code. The landscaping shall be installed by September 30, 1997. �S7 #:r*.00If1 1inil1:l6 •1111Ir,7- grow" ■ ■tee v! I-T:M: re-7mVaIk e1Ldf1R-6 G* of Eagan Zoning Map Current ening PD Planned Development SMC Compost Services G Case No. 12 -IN -01-10-97 soo o soo 1000 Fat q of e.o.. CO---rty o vdop— o.o.Kni. d — v • .jam Sill�r r► �® ,�► :is 1r..I MMIMP4 viii■ SP r � 1' ' ! V "\ 1., :'1' ,'. � ' f : I � I i 11. � 4 �' I;•:�;: Ali I ; N r . (:.' ! 4. 1 a• � { .� . \ 1 �', 111„ , � � 4 \ � cl 1. .''• I': / �. "ILII . W ZO 80 V. o �• _ %. : l I•. IIS !jl WO.. N is h K( L clvoa �� ••°i 3N32i13 7 Lj Of x� ►, V.1] Al W O O �I. r,,, + I I t ,� o T L' All ui O I ) `��."�.":. � `� v',�•!'+."�� _ ' � 1•.':11 I !� i (� 1 IZ ik -! EXISTING CONDITIONS Mall C) 0 Z VT” - r J. 0 "A r 0 I:L � z it Mall 'All sue: film th ci Ui 3z 20 C) 0 Z VT” - 0 "A r I:L � z 'All sue: film th ci Ui 3z 20 Tn r- ci::- 1 T.i v, th ,pq LLJ I CL x 4 p Ix avo�] ICI 3N38-13 Uj sv W Y —s v s v ssvto ;-31-4 7sz -7: W;� S*Nklr 'A'3 000 s S-g3„JV HO Rai 2 C) 0 Z VT” - 0 Tn r- ci::- 1 T.i v, th ,pq LLJ I CL x 4 p Ix avo�] ICI 3N38-13 Uj sv W Y —s v s v ssvto ;-31-4 7sz -7: W;� S*Nklr 'A'3 000 s S-g3„JV HO Rai 2 5,— Iii Wil PROPOSED EXPANSION El VT” - 5,— Iii Wil PROPOSED EXPANSION El Agenda Information Memo June 3, 1997 Eagan City Council Meeting E. REZONING — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve or deny a Rezoning of approximately 80 acres from Limited Industrial (I-1) to Business Park (BP) for property located east of Lexington Avenue and north of Yankee Doodle Road (Eagandale Corporate Center). FACTS: The Eagandale Corporate Center preliminary subdivision received approval in May 1995. Due to delays in bringing the final subdivision application forward, an extension of the preliminary subdivision approval was requested. In view of concerns raised regarding the appropriateness of industrial development along Yankee Doodle Road and Lexington Avenue in light of the Eagan Promenade development, and the area generally becoming more of a commercial corridor, the City Council in June of 1996 approved an extension of the preliminary subdivision for the northerly 120 acres of the 200 -acre site. The preliminary subdivision approval for the southerly 80 acres expired at this time. The northerly 120 acres ultimately received final subdivision approval in October 1996. • Discussion about the suitability of the industrial development on the southern 80 acres raised two concerns: (1) the impact of industrial truck traffic generated by the subject site using Yankee Doodle Road as a truck route to and from Interstate 35E, and (2) the aesthetic impact of outdoor storage and trucking -related uses along the Yankee Doodle Road corridor. At the regular meeting of April 15, 1997, the City Council directed staff to initiate a rezoning of the southerly 80 acres from Industrial to Business Park and this item went before the Advisory Planning Commission at their regular meeting on May 27, 1997. • The Advisory Planning Commission recommended approval of rezoning of the perimeter lots proposed as Eagandale Corporate Center #2 primarily because they believe the reference to the site in the trucking study dealt with the compatibility of industrial development as it related to corridor and not to the interior parcels. 63 Agenda Information Memo June 3, 1997 Eagan City Council Meeting ISSUE: The attorney representing the property owner has stated that, due to procedural obstacles, it does not make sense for the property owner to have the entire 80 acres rezoned. They are in favor of rezoning the perimeter seven lots to Business Park, meanwhile maintaining the Industrial zoning on the interior lots that relate to the existing industrially zoned parcels in Eagandale Corporate Center #1. ATTACHMENTS (2): May 27, 1997 Advisory Planning Commission Minutes on pages /(.!Sthrough G (4F Staff Report on pages t(&_ through (4 SEW BY: 5-30-97 ; 11:06 ; SEVERSON SHELDON-► 612 681 4612;#15/20 R=94% Page 17 May 27. 1997 ADVISORY YLANN1NU 00M&US5101-7 RMNE% - CITY OF EAGAN Commission Chair Heyl opened the next public hearing of the evening regarding a Rezoning of the southerly approximately SO acres of the proposed Fagandale Corporate Center No. 2 subdivision from Limited Industrial 0-1) to Business Park (BP). The site is located east of Lexington Avenue and north of Yankee Doodle Road in the SW% of Section 11. Senior Planner Ridley introduced this hom. Mr. Ridley highlighted the infomnnation presentcd in City staffs planning report dated May 14, 1497. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Ridley also noted that the Owner of the property was not in favor of a rezoning of the entire 80 acres. Attorney Jack Hoeschler, a representative for the owner, stated a number of technical concerns with the rezoning of the entire 80 acres. Included in these concerns was the cumbersome process of moving lot lines. Lot lines may need to be shifted when a buyer comes and once the zoning is changed they will have to request a whole rezoning just to move the lines. Another area seen as a problem by the owner would be the partial rezoning of Lot 7 with this proposal. Mr_ Hoeschler stated that the owner was an advocate for rezoning the perimeter lots but not with the proposal to rezone Block 2, Lots 5 and 6. Member Miller inquired as to the purpose for the interior lots being included in this proposal. Mr. Ridley stated that in reference to the trucking study, it was decided that these SO acres needed further review and would be carried to the APC to make considerations. Member Burdorf suggested that in reference to the trucking study, it would be compatible to rezone only the corridor end leave the interior lots unless staff recommended otherwise. Mr. Ridley stated the staff had no concern with this proposal. While Council will be reviewing the proposal for the entire 90 acres, Member Miller moved, Member Segal seconded, a motion to recommend approval of a Rezoning of the seven perimeter lots of the proposed Eagandaie Corporate Centcr No. 2 subdivision from Limited Industrial (I-1) to Business Park (SP). The site is located east of Lexington Avenue and north of Yankee Doodle Road in the SWV4 of Section 11. 61 43 3780 05-30-97 11:09AM P015 #38 SENT BY' 5-30-97 ; 11:07 ; SEVERSON SHEL.DON-+ 612 681 4612;#16/20 page is May 27,1997 ADVISORY PLANNING CONIG-PISIf)N U 11917, UM M it --, F In further discussion, Commission Chair Heyl noted that it did not make sense to rezone die interior at this time due to the technical problems with the rezoning. Member Segal noted that the perimeter lots would be more compatible with the way adjacent areas have been developed and the way they would like to see this area developed if they were zoned BP. All voted in favor. R-94% K 6 2 3'780 05-30-97 11:09AM P016 #38 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 14, 1997 APPLICANT: City of Eagan PROPERTY OWNER: Maplewood Acres REQUEST: Rezoning CASE: 11-RZ-134-97 HEARING DATE: May 27 22, 1997 PREPARED BY: Mike Ridley LOCATION: Northeast corner of Lexington Avenue & Yankee Doodle Road COMPREHENSIVE PLAN: Industrial (IND) ZONING: Limited Industrial (L -I) SUMMARY OF REQUEST The City of Eagan is initiating a Rezoning of the southerly approximately 80 acres of the preliminarily approved Eagandale Corporate Center No. 2 subdivision from Limited Industrial (I- 1) to Business Park (BP). The site is located east of Lexington Avenue and north of Yankee Doodle Road in the SW '/. of Section 11. BACKGROUNDMISTORY The Eagandale Corporate Center No.2 subdivision will complete the subdivision of 200 acres previously owned by Northwestern Mutual Life (NML) that had received preliminary subdivision approval in May 1995. Subsequent to receiving preliminary subdivision approval for the 200 -acre site, NML sold the property to Dart Transit (dba Maplewood Acres). Due to delays in bringing the Final Subdivision application forward, Dart requested an extension of the preliminary subdivision approval. In reviewing the extension request, concerns were raised regarding the appropriateness of industrial development along Yankee Doodle and Lexington particularly in light of the Promenade development and the area generally becoming more of a commercial corridor. In response to these concerns the City Council approved a one-year preliminary subdivision extension for the northerly 120 acres of the 200 -acre site in June 1996. The preliminary subdivision approval for the southerly 80 acres expired at this time. The northerly 120 acres ultimately received final subdivision approval in October 1996. Discussion about the suitability of industrial development on the south 80 acres raised two distinct concerns: 1) The impact of industrial truck traffic generated by the subject site using Yankee Planning Report - Eagandale Corporate Center No. 2 Rezoning May 27, 1997 Page 2 Doodle Road as a truck route to and from I -35E; and 2) The aesthetic impact of outdoor storage and trucking related uses along the Yankee Doodle Road corridor. At the time of the subdivision request, the applicant indicated that they will not request a rezoning of the property from Industrial to Business Park; however, they would not oppose a City initiated rezoning to Business Park for the seven perimeter lots proposed with the second addition. At their regular meeting of April 15, 1997 the City Council decided to initiate a Rezoning of the southerly 80 acres from Industrial, I-1 to Business Park, BP and directed staff schedule the public hearing before the Advisory Planning Commission at their regular meeting on May 27, 1997 This portion of the site was also identified in the Trucking Study as an industrial property where trucking uses were deemed marginal and should be examined further to determine the appropriate land uses. EXISTING CONDITIONS Grading, utility, and street work on the northerly 120 acres of the site began in the fall of last year. A portion of the subject site has been graded. The majority of the site remains vacant farmland that contains various massings of trees, particularly around the various wetlands and the perimeter of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Eagandale Corporate Center; zoned and guided Industrial. South - Carriage Hill apartments/golf course; zoned R-4/PF; designated D-IV/PF and Allina Health Systems; zoned LB and designated Central Area. East - Eagandale Center Industrial Park No. 5; zoned and guided Industrial. West - Eagan Promenade 2' d Addition (apartments); zoned PD; guided Central Area (CA) EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is adjacent to the Eagan Promenade retail and residential development and other residential land use. The City has placed a high priority on preserving the Yankee Doodle corridor because of capacity issues and due to its link to retail, corporate, and residential land uses on either side of the road. The corridor is very sensitive to the impacts and congestion that increased truck traffic would create. Although there is no specific development proposal associated with this subdivision request, future development within this subdivision can be compatible with existing and future development in the surrounding area if industrial truck traffic is routed away from the Yankee Planning Report - Eagandale Corporate Center No. 2 Rezoning May 27, 1997 Page 3 Doodle corridor towards Lone Oak/1-35E, Th 149, and TH 55 corridors and outdoor storage is prohibited or restricted so as not to be visible from either Yankee Doodle Road or Lexington Avenue. Business Park — The Business Park (BP) Zoning District is intended to accommodate development of low intensity office, light industrial and supporting commercial service uses (as accessory or conditional use) that may be suitable in relative close proximity to non -industrial development. More intensive industrial uses which require outdoor storage and high truck traffic are excluded SUMMARY/CONCLUSION It appears that the Business Park Zoning District would provide development within this subdivision that would be more compatible with the existing and future development in the surrounding area as well as along the Yankee Doodle corridor. Keys to compatibility include limiting heavy industrial truck traffic and routing it away from the Yankee Doodle corridor and prohibiting outdoor storage as an allowed use for land adjacent to the corridor or at a minimum restricting outdoor storage and loading to not be visible from either Yankee Doodle Road or Lexington Avenue. As part of the subdivision, the developer is proposing perimeter landscaping that combined with individual lot landscaping could provide an attractive and functional screen. ACTION TO BE CONSIDERED To recommend approval or denial of a Rezoning of approximately 80 acres from Limited Industrial (I-1) to Business Park (BP) for property located east of Lexington Avenue and north of Yankee Doodle Road (Eagandale Corporate Center). OAVS':IIIs] 1■l'1�04V16 0]da[• *ow of Eagor Zoning Map / 1.1 1 1 I, { 1 Current Zoning 1-1 Limited Industrial Eagandale Corporate Center No. 2 Case No. 11-RZ-13-0497 soo o soo 100o Feet of M&W COMMu nnr Dw l.p t o.partnn.wt M!R-W-M-m N F I Cal— lows �j - PC Coilo Im :I@ 12 Agenda Information Memo June 3, 1997 Eagan City Council Meeting F. PRELIMINARY SUBDIVISION AND VARIANCE - MAPLEWOOD ACRES ACTION TO BE CONSIDERED: To approve or deny a Preliminary Subdivision consisting of 12 lots on approximately 110 acres located north of Yankee Doodle Road and east of Lexington Avenue in the SW 1/4 of Section 11 subject to conditions listed in the April 22, 1997 Advisory Planning Commission minutes. To approve or deny a Variance to the 100 -foot buffer setback requirement to allow building setback of 50 feet and parking/drive aisle setback of 30 feet from the county roads. FACTS: + Approximately 80 acres of the proposed subdivision is property that is previously unplatted. The remaining 30 acres is made up of property previously platted as Eagandale Corporate Center No. 1 that was either in outlot form or is being reconfigured under the second addition. + A public hearing was held by the Advisory Planning Commission at its regular meeting on April 22, 1997. The APC recommends approval of both the Preliminary Subdivision and the Variance request subject to conditions listed in the APC minutes. ISSUES: • As an industrially zoned piece of property, staff was concerned that direct access to Yankee Doodle Road would allow and encourage potential industrial truck traffic onto Yankee Doodle Road which acts as the primary east/west connection through the City's central area. Due to findings of the trucking study and because of the priority the City has set on this corridor, staff included a condition of approval that required that if any portion of the development incorporates land uses that do not restrict industrial truck traffic, the access for Challenger Drive to Yankee Doodle Road should be eliminated. The applicant's representative opposed that condition and after a discussion amongst the planning commissioners, the condition was recommended to be removed. Staff still believes there are legitimate reasons for regulating access of heavy truck traffic to Yankee Doodle Road, if possible, and is looking for council direction in that 1 7 3 Agenda Information Memo June 3, 1997 Eagan City Council Meeting regard. Public Works Director Tom Colbert has provided a memorandum to the Mayor and City Council regarding this issue. • The Variance to the 100 -foot buffer setback requirement along Yankee Doodle Road and Lexington Avenue was discussed by the Advisory Planning Commission and it was determined that the aggressive landscaping buffer proposed by the developer would go further in providing a visual screen when compared to a 100 -foot green space requirement. The APC relied on information gathered and reviewed as part of the Trucking Study in making the recommendation on the 50 -foot building setback and 30 -foot parking/drive aisle setback request by the developer. ATTACHMENTS (3): f April 22, 1997 Advisory Planning Conup i p minutes on pages l 071 through Staff Report on pages through Memo from the Director of Public Works on page through Page 26 April 22, 1997 ADVISORY PLANNING COMNUSSION PRELIMINARY SUBDIVISION & VARIANCE EAGANDALE CORPORATE CENTER NO.2 MAPLEWOOD, ACRES, INC. Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Eagandale Corporate Center No. 2) including a Variance to cul- de-sac length consisting of 12 lots on a 112 acres and a Variance to the 100 -foot buffer setback requirement located north of Yankee Doodle Road and east of Lexington Avenue in the SW'/4 of Section 11. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information Presented in City staffs planning report dated April 8, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Commission Chair Heyl inquired as to how the potential rezoning will effect the proposal in front of them tonight. Mr. Ridley stated that the proposal meets all standards for either zoning district outside of the road. Jack Hoeschler, a representative of the applicant, stated that he wants to keep the interior lots zoned similarly to link the north and the south. The owner intends to keep, the industrial zone on the inside but does not object to a business park on the outside. He also noted that they are currently transplanting trees from the interior to create a buffer along Yankee Doodle Road to break up the facade. He noted his opposition to the idea of closing off Challenger as an access. He stated that to avoid traffic congestion you need to have multiple access streets. Commission Chair Heyl opened the hearing to the public. A resident of 3425 Golf View Drive, located across the street from the proposed development, asked that the issued be tabled for two reasons; (1) the 226 condominium owners did not receive notice of the hearing and therefore were not prepared; and (2) the City should stick to the 100 -foot setback requirement due to the fact that Yankee Doodle Road will not be an adequate buffer nor the explained landscaping. Commission Chair Heyl closed the hearing to the public. Commission Chair Heyl asked the staff to address the notice problem. Mr. Ridley stated that a notice was sent to the condo association and was returned through the mail due to an incorrect name and address. Member Carlson inquired as to why all residents of the condominium were not notified, as they were all individually owned. City Attorney Page 27 April 22, 1997 ADVISORY PLANNING CONQvIISSION Dougherty stated that the association owns the outlots which is the land adjacent to the road. Condominium resident, Millie Janacek, expressed her side of the notification process. She stated that she called the City planning office on Friday morning to get information for the upcoming association meeting and she was told about this hearing and in turn asked for the name and the address that the notice had been sent to. She stated that this name and address was incorrect and was told that it had not been returned. She then called to have the information faxed to the manager who in turn posted it on the condominium's bulletin board. Member Miller inquired as to whether there could be a meeting with the condominium association before this proposal goes to Council. Ms. Janacek stated that the annual meeting for the condominium association is one week from Wednesday the 23rd. Commission Chair Heyl stated that the Challenger Drive cul-de-sac seems too long. Dart has tried to keep direct access to and from the freeway and therefore the through road would be better for the ingress and egress overall. Member Miller moved, adding a condition stating that a representative of the development be required to meet with the condominium association on Wednesday, April 30, 1997, or some other time before the Council meeting. Member Frank noted that Condition No. 6 be deleted. Member Frank seconded, a motion to recommend approval of a Preliminary Subdivision (Eagandale Corporate Center No. 2) consisting of 112 acres and 12 lots located north of Yankee Doodle Road and east of Lexington Avenue in the SWV4 of Section 11, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A 1, B 1, B2, B3, B4, C 1, C2, C3, C4, D 1, E 1, F 1, G 1, H 1. 2. The property shall be platted. 3. Storm drainage runoff from Pond EP -2.3 in the southeast corner of the site shall be restricted to 5 cubic feet per second(cfs). 4. The developer shall be responsible for the removal of all wells and septic systems in accordance with County and City standards. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City Erosion/Sediment Control standards n (4v Page 28 April 22, 1997 ADVISORY PLANNING CONIIvIISSION 6. Tree preservation mitigation shall be met through the implementation of perimeter plantings (staff will work with the applicant to determine final tree mitigation amounts) along Yankee Doodle Road and around pond areas in accordance with the proposed phasing as described below: Phase I: Tree spading transplanting of material from within proposed grading areas of the site to areas outside of future grade limits (April/May 1997) Phase II: Additional tree spade transplanting of material from within the site plus purchased landscape material installation (October 1997) Phase III: The installation of purchased trees and shrubs (April/May 1998) 7. 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 Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 8. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 9. Pond EP -2.6 (constructed detention basin) and Pond EP -2.5 (existing wetland) must provide a minimum of 2 AF of additional wet volume in total to achieve acceptable treatment of storm water. The minimum mean depth of Pond EP -2.6 must be 3 feet. The increase in wet volume in the existing wetland must be accomplished by excavation in the northern two-thirds of the wetland. 10. Pond EP -2.7 (constructed detention basin) and Pond EP -2.4 (existing wetland) must provide a minimum of 3 AF of additional wet volume in total to achieve acceptable treatment of storm water. The minimum mean depth of Pond EP -2.7 must be 3 feet. The increase in wet volume in the existing wetland must be accomplished by excavation in the southeastern two-thirds of the wetland. 11. Skimmers should be placed on the outlets of Ponds EP -2.6 and EP -2.7. 12. The developer is required to notify and secure approval from the Corps of Engineers regarding the Nationwide 26 wetland permit, since the original application for the site did not include proposals for wetland excavation. H. No grading should be allowed within 30 feet of the delineated edge of the wetland associated with Pond DP -11, except for 450 lineal feet along the south end of the Page 29 April 22, 1997 ADVISORY PLANNING COMMISSION basin tb allow for road and detention basin/replacement wetland construction. A 30 - foot wide undisturbed buffer shall also be preserved around the wetlands associated with Ponds EP -2.4 and EP -2.5. buffers shall be marked on all grading plans. 14. Construction of Ponds DP -11.3 and DP -11.2 should be constructed to satisfy requirements for wetland mitigation as per the approved wetland replacement plan for this site. All voted in favor. Member Miller moved, Member Frank seconded, a motion to recommend approval of a setback Variance to allow building setbacks of 50 feet and parking/drive aisle setbacks of 30 feet from county roads. All voted in favor. REPORT DATE: April 8, 1997 APPLICANT: Maplewood Acres PROPERTY OWNER: Same PLANNING REPORT CITY OF EAGAN CASE: 11 -PP -9-3-97 HEARING DATE: April 22, 1997 PREPARED BY: Mike Ridley REQUEST: Preliminary Subdivision (Eagandale Corporate Center No. 2), Variance LOCATION: Northeast corner of Lexington & Yankee Doodle COMPREHENSIVE PLAN: Industrial (IND) ZONING: Limited Industrial (L -I) SUMMARY OF REQUEST Maplewood Acres (Dart Transit) is requesting approval of a Preliminary Subdivision, including a Variance to cul-de-sac length, consisting of twelve lots on approximately 112 acres and a Vn riance to the 100 foot buffer setback requirement located east of Lexington Avenue and north of Yankee Doodle Road in the SW 1/a of Section 11. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. l �f Planning Report - Eagandale Corporate Center No. 2 April 22, 1997 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Bun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The proposed subdivision will complete the subdivision of 200 acres previously owned by Northwestern Mutual Life (NMI.) that had received preliminary subdivision approval in May 1995. Subsequent to receiving preliminary subdivision approval for the 200 acre site, NML sold the property to Dart Transit (dba Maplewood Acres). Due to delays in bringing the Final Subdivision application forward, Dart requested an extension of the preliminary subdivision approval. In reviewing the extension request, concerns were raised regarding the appropriateness of industrial development along Yankee Doodle and Lexington particularly in light of the Promenade development and the area generally becoming more of a commercial corridor. In response to these concerns the City Council approved a one year preliminary subdivision extension for the northerly 120 acres of the 200 acre site in June 1996. f �d Planning Report - Eagandale Corporate Center No. 2 April 22, 1997 Page 3 The preliminary subdivision approval for the southerly 80 acres expired at this time. The northerly 120 acres ultimately received final subdivision approval in October 1996. Discussion about the suitability of industrial development on the south 80 acres raised two distinct concerns: 1) The impact of industrial truck traffic generated by the subject site using Yankee Doodle Road as a truck route to and from I -35E; and 2) The aesthetic impact of outdoor storage and trucking related uses along the Yankee Doodle Road corridor. The applicant has indicated that they will not request a rezoning of the property from Industrial to Business Park; however, they would not oppose a City initiated rezoning to Business Park for the seven perimeter lots proposed with this subdivision. At their regular meeting of April 15, 1997 the City Council decided to initiate a Rezoning of the southerly 80 acres from Industrial, I-1 to Business Park, BP and directed staff schedule the public hearing before the Advisory Planning Commission at their regular meeting on May 27, 1997 EXISTING CONDPITONS Grading, utility, and street work on the northerly 120 acres of the site began in the fall of last year. A portion of the subject site has been graded. The majority of the site remains vacant farm land that contains various massings of trees, particularly around the various wetlands and the perimeter of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Eagandale Corporate Center; zoned and guided Industrial. South - Carriage Dill apartments/golf course; zoned R-4/PF; designated D-IV/PF. East - Eagandale Center Industrial Park No. 5; zoned and guided Industrial. West - Eagan Promenade 2°d Addition (apartments); zoned PD; guided Central Area (CA) EVALUATION OF REQUEST Preliminary Subdivision Qgmpatibility with Surrounding Ar"a - The City has placed a high priority on the Yankee Doodle corridor because of capacity issues and due to its link to retail, corporate, and residential land uses on either side of the road. Although there is no specific development proposal associated with this subdivision request, future development within this subdivision can be compatible with existing and future development in the surrounding area if industrial truck traffic is routed away from the Yankee Doodle corridor and outdoor storage is prohibited or restricted so as not to be visible from either county road Planning Report - Eagandale Corporate Center No. 2 April 22, 1997 Paste 4 Lots - All proposed lots exceed the I-1 standards for lot area and width. The lots range in size from 2.5 to 19.6 acres Landscaping - In addition to an internal road tree planting plan the applicant is also proposing a perimeter planting plan that will be composed largely of transplanted trees and will provide a natural look. The exact size and species will depend on what can be moved from the interior of the site. The perimeter will have low bushes and shrubs on the exterior. These will be backed by medium height trees and bushes in the middle, with tall trees on the inside of the perimeter planting strip. The perimeter planting plan and individual site landscaping (reviewed and approved with the building -permit) should meet the City Code standard that requires parking areas to be screened with materials that will provide 75% opacity at maturity. Gradin etlands - The preliminary grading plan is acceptable. The developer is proposing to grade the street right-of-way and Lots 1-7, Block 2 with this development with Lots 1-3, Block 1 to be custom -graded at time of building permit. The grading plan shows the maximum cut as 28 feet and the maximum fill as 18 feet. The developer should be responsible for installing and maintaining erosion control measures in accordance with the City Erosion/Sediment Control standards. The southeastern portion of the site will generate runoff that will discharge directly to Pond EP -2, an indirect contact recreation water body in the proposed North Park. The south western region of the site lies within the LeMay Lake watershed. There are no changes in the storm water management configuration for that portion of the site within the LeMay Lake watershed Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable with some modifications. The storm drainage plan shows the utilization and modification of wetlands on the site for water quality and flood volume control purposes. Approximately two-thirds of the development drains to the west toward LeMay Lake while the remainder drains to the east to Pond EP -2 within "North Park" on the Borchert Ingersoll site. Due to the limited capacity of the existing storm sewer outlet within the Yankee Doodle right-of- way, storm drainage runoff from Pond EP -2.3 in the southeast corner of the site should be restricted to 5 cubic feet per second (cfs). The developer should be responsible for the removal of all wells and septic systems in accordance with County and City standards. The developer has requested that two pre-treatment basins approved in 1995 in the southeastern portion of the site be dropped or reduced in size. Because this part of the development discharges directly to Pond EP -2, it is important to fully treat the runoff to prevent further degradation of this water body. The ponding configuration originally approved met this standard. A re- evaluation of the need for the two upland detention areas indicates the same standard could be Planning Report - Eagandale Corporate Center No. 2 April 22, 1997 Paae 5 achieved by reducing the area and volume of the detention basins and excavating portions of the small (less than 1 acre) wetlands into which they discharge. Staff and the Advisory Parks, Recreation and Natural Resource Commission (APRNRC) do not recommend elimination of the detention basins because of the desire to provide some level of water quality protection to the wetlands themselves and the fact that a detention basin/wetland system in series is more effective than a single basin for treating storm water Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available at Yankee Doodle Road and GolMew Drive to serve this subdivision. Water main stubs are available along Yankee Doodle Road. Sanitary sewer and water main will be extended throughout the site to serve each lot Access/Street DesiLm - Public street access will be provided via Challenger Drive, an internal north -south collector street from .Neil Armstrong Boulevard to Yankee Doodle Road (Dakota County Road 28) and also from Challenger Circle, a 1,000 -foot long cul-de-sac extending east from Challenger Drive. The 1,000 -foot length of the Challenger Circle cul-de-sac requires a 500 - foot variance to the City Code maximum of 500 feet. Yankee Doodle Road was reconstructed in 1995 and accommodates the Challenger Drive intersection with left and right tum lanes on Yankee Doodle Road. Challenger Drive directly aligns with Golfview Drive across Yankee Doodle Road. If any portion of this development incorporates land uses that do not restrict business operations that attract, promote or generate primarily industrial heavy truck traffic, the access for Challenger Drive to Yankee Doodle Road should be eliminated. All internal development traffic would then be directed towards the Eagandale Center Industrial Park and the Lexington Avenue/Lone Oak Road interchange with I -35E, TH-55 and TH-149. The Yankee Doodle Road corridor, with its retail, corporate and residential emphasis and limited available capacity, is very sensitive to the impacts and congestion that increased truck traffic would create. The City has placed a high priority in preserving this corridor. Ea m nts/Ri hts of Way' Permits - All work within Dakota County right-of-way will require a permit from Dakota County. Dakota County will require that restricted access along the entire length of the plat adjacent to Yankee Doodle Road (County Road 28) and Lexington Avenue (County Road 43) be dedicated on the final plat, except in the area of the street access for Challenger Drive, if the connection is approved Tree Preservation - The Tree Preservation Plan is acceptable. To simplify review of tree preservation issues the site will be viewed in its entirety, Eagandale Corporate Center 1" and 2d Additions (200 acres). The site contained 1,142 significant trees and the total estimated to be removed during Phase I & II site preparation and development is 580 which is a removal Planning Report - Eagandale Corporate Center No. 2 April 22, 1997 Pace 6 percentage of 50.3%. The allowable removal for this type of development is 47.5% (548 trees); therefore, the mitigation for the removal in excess of allowable limits calculates to approximately 64 category B trees. The tree mitigation will be accomplished via the proposed perimeter planting (as discussed earlier in this report) that will incorporate transplanting from within the site and purchased trees and shrubs. Pgkl and Recreation - The APRNRC is recommending a cash park and trail dedication. Variances Setbacks - The typical setback from property lines adjacent to county roads is 50'; however, the City Code requires a landscaped yard with a minimum depth of 100' whenever an I-1 or BP District abuts or is across the street from a "R", "A", or "P" District. The original Eagandale Corporate Center preliminary subdivision was approved with a 50' setback variance in 1995; however, the preliminary subdivision approval for the southern 80 acres expired in 1996. The applicant believes the 100' buffer setback requirement is excessive because the streets separating the two land uses are improved county roads with rights-of-way of at least 100'. Additionally, the applicant is proposing an aggressive planting plan for the perimeter of the site. Therefore, the applicant is requesting a variance to allow a minimum building setback of 50' from county roads and a minimum parking and drive aisle setback of 30' from county roads. Staff notes that buffering outdoor storage and loading operations from non -compatible land uses is the primary goal of the buffering requirement. The proposed perimeter landscaping combined with individual lot landscaping should provide an attractive and functional screen from the county roads. Cul-de-sac - The Challenger Circle cul-de-sac is proposed to be approximately 1000 feet long. The applicant believes that this variance request is one of necessity because there is no other reasonable way to access the lots proposed in the southeastern portion of the subdivision due to access restrictions imposed by Dakota County and the fact that access serving Stock Lumber at the east edge of the site is not a public access. SUMMARY/CONCLUSION There is no specific development proposal associated with this subdivision request; however, future development within this subdivision can be compatible with existing and future development in the surrounding area if industrial truck traffic generated by this property is routed away from the Yankee Doodle corridor and outdoor storage is prohibited or restricted so as not to be visible from either county road. / Y, Planning Report - Eagandale Corporate Center No. 2 April 22, 1997 Page 7 The buffering setback variance request is important from an impact standpoint of outdoor storage and loading operations as they relate to the county roads and non -compatible land uses. The proposed perimeter landscaping combined with individual lot landscaping will not provide spatial buffering but should provide an attractive and functional screen. ACTION TO BE CONSIDERED To recommend approval or denial of a Preliminary Subdivision consisting of twelve lots on approximately 112 acres and a Variance to allow a cul-de-sac in excess of 500 feet located east of Lexington Avenue and north of Yankee Doodle Road. and To recommend approval or denial of setback Variances to allow building setbacks of 50 feet and parking/drive aisle setbacks of 30 feet from county roads. Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, GI, Hl. 2. The property shall be platted. 3. Storm drainage runoff from Pond EP -2.3 in the southeast corner of the site shall be restricted to 5 cubic feet per second(cfs). 4. The developer shall be responsible for the removal of all wells and septic systems in accordance with County and City standards. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City Erosion/Sediment Control standards b. If any portion of this development incorporates land uses that do not restrict business operations that attract, promote or generate primarily industrial heavy truck traffic, the access for Challenger Drive to Yankee Doodle Road should be eliminated 7. Tree preservation mitigation shall be met through the implementation of perimeter plantings (staff will work with the applicant to determine final tree mitigation amounts) along Yankee Doodle Road and around pond areas in accordance with the proposed phasing as described below: Phase I: Tree spading transplanting of material from within proposed i Planning Report - Eagandale Corporate Center No. 2 April 22, 1997 Pace 8 grading areas of the site to areas outside of future grade limits (April/May 1997) Phase II: Additional tree spade transplanting of material from within the site plus purchased landscape material installation (October 1997) Phase III: The installation of purchased trees and shrubs (April/May 1998) 8. 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 Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 10. Pond EP -2.6 (constructed detention basin) and Pond EP -2.5 (existing wetland) must provide a minimum of 2 AF of additional wet volume in total to achieve acceptable treatment of storm water. The minimum mean depth of Pond EP -2.6 must be 3 feet. The increase in wet volume in the existing wetland must be accomplished by excavation in the northern two-thirds of the wetland. 11. Pond EP -2.7 (constructed detention basin) and Pond EP -2.4 (existing wetland) must provide a minimum of 3 AF of additional wet volume in total to achieve acceptable treatment of storm water. The minimum mean depth of Pond EP -2.7 must be 3 feet. The increase in wet volume in the existing wetland must be accomplished by excavation in the southeastern two-thirds of the wetland. 12. Skimmers should be placed on the outlets of Ponds EP -2.6 and EP -2.7. 13. The developer is required to notify and secure approval from the Corps of Engineers regarding the Nationwide 26 wetland permit, since the original application for the site did not include proposals for wetland excavation. 14. No grading should be allowed within 30 feet of the delineated edge of the wetland associated with Pond DP -11, except for 450 lineal feet along the south end of the basin to allow for road and detention basin/replacement wetland construction. A 30 -foot wide undisturbed buffer shall also be preserved around the wetlands associated with Ponds EP -2.4 and EP -2.5. buffers shall be marked on all grading plans. 15. Construction of Ponds DP -11.3 and DP -11.2 should be constructed to satisfy requirements for wetland mitigation as per the approved wetland replacement plan for this site. If � STANDARD CONDITIONS OF PLAT APPROVAL A. Financia( Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Ri hts-of-Wa 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -0f --way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. r�� 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: -August 25, 1987 LTSOS STANDARD.CON City Council September 15, 1987 Revised: July 10, 1990 Revised: February+ 2, 1993 FINANCIAL OBLIGATION — Eagandale Corporate Center No. 2 There are pay-off balances of special assessments totaling $297,265 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments on the parcels proposed for platting in the amount of $1,810,232. These are related to Projects 694 and 688. 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water CA $26.25/ff 2,419 ff $ 63,498 Lateral Benefit Sanitary Sewer C/I $20.60/ff 2,569 ff 52,921 Storm Sewer Trunk C/I .121/sq ft 1,156,917 sq ft 139.986 Total JZa405 •:w5pIIIs) 10k'i :l• 71ror "re11fl11Bary Subt Mo 0 Eagandale Corporate Center No. 2 ChyofEagan Case No. 11 -PP -9-3-97 Zoning Map Ir F1 411-1 M I I PD 0 Site h1 w Fd ■ i h1 f ME L j ff� P 'N 500 0 500 1000 Feet Current Zoning I-1 Limited Industrial City of Eagan Community Development Department a i%,b4 :I/ ci a a s cti � .r it l11{3 i *;&ba . R in Y tLsR R=t6: r i ccctctt a KIND ! �i'�jill �� j�x �ss ` r 3333333 N Ala ill�ijsj�i{1,3bi g, its In I r!« •.�� .i°s + r+ a i au aaau►►aat c; fit Iffs AW, { { s� tte tettttttt= I t , ,liij! (i1 , xrs usrrsr Cc efif i i aF isa . ■jla7 i �� _� gill- on LL.1 91 vial Ot lababb Z 53y177333p333333333i W 4 U H cc It s "Y O i LLJa: CL W � =ice-- . i -- ,. IA � it w Mass T.M.f mor �a.aly 1 �R �i a a 0 i n L 'ON a31N30 Ntlld 10a1N00 =� NOISOa3 T ONIGM) 3lvaoaaoa c o 31VONV9va AatlNIW113ad 11tla3A0 • - n nn°°+ TW u3Ms IR 1 '1 tE p pa �! �Il of I IN, � p��ep fie• �g� p� �r X ¢fib �C viol its Zo [ r6 gg tt`repR i ftt Edit rt Et �@ �B■■ I � E p � � a � �b 6+- tea � . e� gillgRt t $� i t pia p e es s ! i1aEtpgp e€tg t Kt� i' p 7 yl�g�� attre vtrg p '! t lgot� iW Z 1.1S gip Ill Ill Ili e i $ �t e � p t �ciC c if'111111 ?ife � g ¢ li. Ir x r P m , li. CD E CO C\1 Aglow mum cm z C; 2 z M Lw li cc j C D MCD) M —E LU mz O UJ I D WE z 0 Q W LLJ L) Z 4c z Lu 0 a. cc 0 O C) LLJ �z 0 W tW CD E —1 r- Aglow mum ul m goo bas 999 ;MEN fit —1 r- TO: FROM: DATE: MEMO ENGINEERING DIVISION city of eagan MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR TOM COLBERT, DIRECTOR OF PUBLIC WORKS MAY 15, 1997 SUBJECT: EAGANDALE CORPORATE CENTER 2ND ADDITION PRELIMINARY SUBDIVISION CONDITION FOR APPROVAL ISSUE The City Council has stated its intent to try and preserve and enhance the Yankee Doodle Road corridor as a part of the City's central area development scheme. Part of this goal is to reduce and/or minimize the heavy industrial truck traffic along this corridor by redirecting it and confining it to the northern and northwestern boundaries of the City. The present zoning and land use of the proposed Eagandale Corporate Center 2nd Addition is 1-1 Limited Industrial. This land use and zoning classification allows development that is conducive to promoting and/or generating primarily heavy industrial truck traffic. The proximity of this development with its proposed street connection to Yankee Doodle Road is not conducive to the preservation of the Yankee Doodle Road central area corridor. In the Planning report, staff identified that the proposed Challenger Drive access to Yankee Doodle Road should be eliminated. This would direct all internal development traffic towards the Eagandale Center Industrial Park and the Lexington Avenue/Lone Oak Road interchange with 135E,TH 55 and TH 149. The Yankee Doodle Road central area corridor is very sensitive to the impacts and congestion that increased truck traffic would create. The City has placed a high priority in preserving this corridor. The Advisory Planning Commission will be considering an application to rezone a portion of this property from 1-1 to Business Park (BP). However, the preliminary plat as being presented is based on the current zoning which is 1-1. r. The developer has stated his opposition to the proposed condition to eliminate the Challenger Drive access to Yankee Doodle Road. He feels the connection is necessary to avoid traffic congestion by providing multiple access points. Staff is concerned that this access point might transfer any traffic congestion onto the public thoroughfare of the central avenue corridor. Commission members expressed concern over the length of the Challenger Drive cul- de-sac if the Yankee Doodle Road connection is not allowed. While the length would exceed the City's 500' standard, it is a variance that could be justified based on the preservation benefits it will provide for the Yankee Doodle central area corridor. In addition, it wouldn't be that much longer than the Aldrin Circle cul-de-sac proposed with the original preliminary plat layout approved by Council action on May 15, 1995, (layout sketch is attached). The trucking study prepared by the Advisory Planning and Economic Development Commissions dated April 29, 1997, has identified this development as an area where trucking uses are marginal or undesirable for the reasons identified by Exhibit page G-3 and map #3 (attached). ALTERNATIVES If the Council is still interested in preserving the Yankee Doodle central avenue corridor through land use and subdivision controls, the following options are available: Continue consideration of the preliminary plat until the rezoning application has been processed. Reinstate staff Condition No. 6: "if any portion of this development incorporates land uses that do not restrict business operations that attract, promote or generate primarily heavy industrial truck traffic, the access for Challenger Drive to Yankee Doodle Road should be eliminated and a variance granted for the length of the resulting cul-de-sac. Respectfully submitted, rector of Public Works Attachment: Layout Sketch Exhibit page G-3 Map #3 cc: Mike Ridley, Senior Planner John Gorder, Development/Design Engineer Lisa Freese, Senior Planner jff(yS Y • '. SMS ........................ ]II f 1 I+� + i� 1! ! I I ± CE W r Z Co W 4.2 Z F 1 I i i �ii W J Z 161 fL 1�J o`--� �. Or i.i /— 0 Q '> W v a CO co + L f t� ►W- W g v O ° -----• r Q .� d In 1 1 O z LJ Z W a x e e o o ...�.6 0 0 \oo ` 11 I I` I ! j 1� N IW J N I 1 I lot Lj p 1 I I I I 1 (; �! ff! Ir �J 1 I 1 Q W � is op e p o e 0 + �I + o -MIL 1 - _---- --------- ------------------ - - - - -- _ Wa 1 Lu ii I LU -- - - -- I�u 1 . a • r! U W p LU ___ ----- Ulz6 a DETAILED MAP #3 - CENTRAL AREA VICINITY OBSERVATIONS • Visibility from major road corridors. Property on west side of Lexington visible from I-35 E; property on east side of Lexington visible from Yankee Doodle Road (major entry into Central Area) • Proximity to Central Area - commercial and residential mix; image; aesthetics. • Proximity to residential on south side of Yankee Doodle. • New development to north tending to be more commercial (e.g. Homestead Village hotel, post office retail facility). • Transportation patterns; potential conflicts with residential and commercial traffic around Promenade. • Properties within airport noise impact zone. • Natural features (trees, wetlands) make property more difficult to develop with large footprint buildings and large parking lots. IDEAS & SUGGESTIONS • Limit or prohibit "trucking" uses • Allow or encourage a mix of light industrial (smaller scale) and commercial uses • Develop additional screening/buffering standards to: improve aesthetics; buffer views from freeway; carry through landscape "theme" established @ Promenade; enhance Yankee Doodle streetscape -3 a� lr Are bh � ~y M / ,�% U Im 8 CL= E ._ 0 pm-= .......... x v Agenda Information Item June 3,1997 G. ORDINANCE AMENDMENT, CHAPTER 11.10, SUBDV 12.1 OFF- STREET PARKING & STORAGE -CLARIFYING SCOPE & STANDARDS ACTION TO BE CONSIDERED: > To approve or deny an ordinance of the City of Eagan Minnesota, amending Eagan City Code Chapter Eleven Entitled "Land Use Regulations (Zoning)" by amending Section 11.10 regarding Off -Site Off -Street Parking; and be adopting by reference Eagan City Code Chapter 1 and Section 11.99. FACTS: > In response to the recent court ruling regarding the Citi -Cargo Conditional Use Permit denial, the City Council asked the City Attorney and Planing staff to revisit the language in Ordinance No. 205, Off -Street Parking & Outdoor Storage As A Conditional Use. At the April 15 City Council meeting and a subsequent workshop, the Council discussed concerns with the existing ordinance. > The original impetus behind amending the City Code in 1995 with this provision was to allow off-street parking and/or outdoor storage as a Conditional Use on properties near existing businesses. The intent of this ordinance was to assist businesses in Eagan who, due to their success need room to expand but do not have room on their existing property. > The proposed revisions include further definition of the scope of the application and performance standards to further clarify the scope. The proposed revisions to the performance standards for storage and parking more clearly state that the serviant parcel shall have fewer spaces, less area and less outdoor storage than the dominant parcel. It also establishes screening standards for outdoor storage that are not provided for in the existing code. > The APC held a hearing on this proposed ordinance amendment at the May 27 regular meeting. The Commission recommended approval of the ordinance amendment on a 4-2 vote (Carlson, Segal). ISSUES: > Some APC members expressed concern that the intent of the ordinance has been abused in the past and that it is inappropriate to allow off-site outdoor storage as the only use on a parcel even if it is serviant to a dominant parcel ATTACHMENTS: May 27, 1997 APC Mi tes, page hrougl�7 Staff memo, pages.Xghroug Proposed Ordinance Amendment, pages throughal aoa Minutes of April 15, 1997 City Council Meeting CONSOLIDATION OF ORDINANCE NO. 205 - OFF-STREET PARKING & OUTDOOR STORAGE AS CONDITIONAL USE City Administrator Hedges provided an overview on this item. Councilmember Awada stated that the purpose of this ordinance was to provide extra parking lots. She said that this ordinance needs to be tightened up and more defined. City Attorney Sheldon noted that if the Council provides direction changes can be made to the ordinance. Councilmember Awada added that she wants the ordinance to allow items such as parking lots and outdoor storage under conditional use permits so long as the use is servient. She further added that she would like the ordinance to provide the Council with flexibility and discretion to make decisions on the appropriateness of outdoor storage to ensure that it is compatible with the surrounding land uses. Councilmember Blomquist referred to the minutes when Ordinance 205 was adopted and stated it is clear that the Council never intended to lighten up on outside storage. She agreed that the ordinance needs to be tightened up. City Attorney Sheldon said that they will work with staff to draft the appropriate language for Council's review at the April 29 work session and then it will be presented to the Planning Commission at their May meeting. a03> ((7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING CONOMSION EAGAN, MINNESOTA SEPTEMBER 26, 1995 NEW BUSINESS QRD1XAN 'EAMENDMENF v-�--GFFAGAN Vice Chair Wallace opened the first public hearing of the evening regarding an Ordinance Amendment to ICbapter =1-K entitled "k=d 9se%Regulations (Zoning)" by amending Section 11.20 to provide for off-street parking as a Conditional Use within the Limited Business, Neighborhood Business, General Business, Commercial Shopping Center, Regional Shopping Center, Roadside Business. Limited Industrial and General Industrial zoning districts. Community Development Director Reichert introduced this item. Ms. Reichert highlighted the information presented in the City staffs memorandum dated September 21, 1995. Ms. Reichert noted that the City Zoning Code currently permits off-street Page 2 September 26. 1995 ADVISORY PLANNING CONMSSION parking as an accessory use to a principal use, both of which would be located on the same site. Ms. Reichert stated that Eagan businesses with significant growth may need alternative expansion options with .respect to parking and storage. Ms. Reichert concluded that the proposed ordinance amendment would permit the use of a site for off-street parking and/or storage area as a principal use to serve a principal use on a separate site within 660 feet of a proposed off-street parking or storage area. Member HeyI stated that the proposed ordinance amendment is a good idea to address the needs for expansion as a result of the Eagan business growth. Member Heyl, however, suggested that in determining whether a conditional use should be granted, the issue of the walling distance from the off-street parking area to the principle use should be considered due to the safety issue and the volume of pedestrian traffic on the roadway as a result of having to walls from ' the parking area to the principal use. City Attorney Dougherty noted that in granting a conditional use permit the Council may make as a condition of the permit the requirement to construct a pathway or trailway between the two sites. Member Segal stated that he supports the ordinance with respect to allowing the off-street parking to serve a business, but did not support the ordinance with respect to permitting outdoor storage has a principal use on a site. Member Segal inquired with staff as to the purpose of including outdoor storage in the ordinance amendment to which Ms. Reichert advised that under the City Code the parking off trucks and trailers fall within the definition of outdoor storage and thus the inclusion of outdoor storage in this ordinance amendment would permit trucking businesses to park their trucks and trailers on a separate site. Community Development Director Reichert further noted that under the proposed ordinance the outdoor storage is permissible, not of right and therefore if the proposed item to be stored is not compatible with the surrounding area then the City Council has the right to deny a conditional use permit under the ordinance amendment Member Carlson inquired with staff as to whether the ordinance would permit the conditional use permit holder to lease out a portion of the off-street parking lot to another user. Member Carlson further stated that she wants the conditional use permit to be permissible only to Eagan businesses. Member Wallace responded that the restriction that the parking area be within 660 feet from the principal use to which the parking would serve would prohibit any other businesses from using that lot Ms. Reichert added that a site with a principal use, however, could have three businesses and technically the parking area could serve all three businesses. Ms. Reichert added, however, that the conditional use permit would be applicable only to the related principal use of the permit applicant. Member Carlson further expressed concern that the 660 -foot condition is too restrictive and inquired whether the City could give a variance to that condition. Ms. Reichert responded that the City would have the authority to grant a variance or in the alternative amend the ordinance in the future if the City determines that the 660 -foot measurement is not practical or feasible. Member Wallace added that the ordinance needs . I Page 3 September 26. 1995 ADVISORY PLANNING COMMISSION to use a set standard or condition to the reasonableness of the Council's action on granting or denying the conditional use permit Member Burdorf stated that the proposed ordinance addresses the problems currently existing for local businesses and it will foster growth in the area. Member Segal inquired with staff that if the off-street parldng area under this proposed ordinance was used to fulfill its parldng requirements for development on the site on which the principle use (business is located), then can the City prohibit development on the site which the off-street paridng is located to assure that the principal uses' parking requirement continue to be met City Attorney Dougherty stated that the ordinance provides that the conditional use permit would be terminated upon any development on the parking site and that a new conditional use permit can be sought if the development on the parking site can serve its paridng requirements and have room for the parldng under the permit Member Segal emphasized that if the use of the second lot is to meet the parldne requirements for the first principal lot then there can not be any development on the parldng lot site if it will remove the permit holders parldne. Ms. Reichert concurred with Member Segal. Member Segal concluded that he would vote against the ordinance because of the outdoor storage provision, characterizing it as a blanket provision for allowing outdoor storage. Attorney Dougherty stated that in any event outdoor storage is a conditional use permit under the Code now and that the t definition under the proposed ordinance amendment can be narrowed as to what would be allowed to be stored. Member Heyl moved, Member Carlson seconded, a motion to recommend approval of an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section I L 10 to provide for off-street parking as a Conditional Use. All approved in favor except Member Segal opposed. Member Heyl moved, Member Burdorf seconded, an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.20 to provide for off-street parldng as a Conditional Use within the Limited Business, Neighborhood Business, General Business, Commercial Shopping Center, Regional Shopping Center, Roadside Business. Limited Industrial and General Industrial Zoning districts. All approved in favor except Member Segal opposed for the same reasons of his objection to the outdoor storage provision. 140AN ary COUNCIL WNurE& txroeEA 2, tri PAGE 6 AMENDMENT TO ZONING CODE, CHAPTER 11, REGARDING OFF-STREET PARKING AND LOADING Community Development Director Reichert gave a stag' report, giving the reasorm for changing the ordinance, and noting that this ordinance is Intended to make things less restrictive for businesses. He noted that the Planning Commission recommended a minor rrevlston to the clause relating to termination, Counclimember Mash asked how much input more has been from the Chamber of Commence and businesses, Community Development Director Reichert noted that it was noticed In the paper, and she has not had any response. She noted that this change was In response to the needs d a couple of businesses. Councilmember Hunter asked whether there was any Input from the Small Business Association, and Community Development Director Reichert noted that they were provided a copy of the ordinance, but she hasn't heard anything from them. Phyllis Rau, representing the Small Business As soc lation, noted that they feel the ordinan4s is very well put together, and complements the business' growth, They were hoping to have more discussions before the ordinance came to the Planning Commission. Community Development Director Reichert responded that it would be great If the Small Business Association wanted to distribute a copy of this ordinance to their members and do a write up In their newsletter. She noted that staff meets with many people every week who are wanting to build, develop or expand In Eagan, and they do a lot of problem solving. if more Isn't a sdution, they try to find one, which Is why this ordinance came about. Counclimember Hunter added that the reason why they don't call a lot of meetings to review ordinances like this Is because these companies need to move forward, and It wouldn't facilitate development to hold up their projects. If the ordinance is straightforward, it nukes more sense to move ahead to have a positive effect on development Ms. Rau noted that she feels it is Important to get Input from both the Chamber of Commerce and Small Business Association, arty Indicated they would be willing to distribute the ordinance to their numbers. Wachter moved, Egan s000nded a motion to approve the amendment to Chapter 11, Seadon 11.10, General Provisions, with the modification to C2, Termination as presented. Jaye: 4 Nay. 0 Wachter moved, Mash se=idod a motion to approve the amendment to Chapter 11, Section 11.20, Use Districts. Rye: 4 Nay: O Counclimember Masin suggested that a letter be drafted to the Chamber of Commerce and Small Business Association whenever there is a proposal that ef`ects businesses, as wail as whenever a proposal Is adopted. Mayor Egan Indicated that he feels more needs to be a reasonable definition of when a letter would be sent. Councilmember Wachter noted that when the city publishes agendas, that is the mechanism that has been used to notify the public. If the city sends letters to that group, they will have to do it for weWw. After sane discussion, Community Development Director Reichert suggested that perhaps It world make more sense to send them agendas for the Planning Commission and City Councl, rather than trying to decide when a letter needs to be sent, and they can +raft for further kdom a m on wtwevw they heave an k"rest iR Coundmentwo concurred. oo7 13TI R75cf) TO: Chair Carla Heyl and the Advisory Planning Commission FROM: Lisa Freese, Senior Planner DATE: May 21, 1997 city of eagan RE: Proposed Code Revisions Off -Site Off -Street Parking and Outdoor Storage As A Conditional Use Background: In response to the recent court ruling regarding the Citi -Cargo Conditional Use Permit denial, the City Council asked the City Attorney and Planing staff to revisit the language in Ordinance No 205, Off -Street Park & Outdoor Storage As A Conditional Use. The original impetus behind amending the City Code with this provision was to allow off- street parking and/or outdoor storage as a Conditional Use on properties near existing businesses. The intent of this ordinance was to assist businesses in Eagan who, due to their success need room to expand but do not have room on their existing property. The ordinance as enacted provides the opportunity to request a Conditional Use Permit for the purpose of allowing off-street parking and/or outdoor storage as principal use on a parcel of land which was not allowed under any zoning district in the City prior to this time. The ordinance specifically states that off-street parking and/or storage as a principal use can be allowed by the Conditional Use Permit provided the activity is accessory or serviant to a dominant parcel on which a principal use is located subject to performance standards. To date, the City has reviewed three Conditional Use Permit applications for this type of permit, two of which were approved by the City Council: 1) Transport America Corporation on October 2, 1995 allowing parking for the driver's personal vehicles on a parcel of land located across Terminal Drive from their main headquarters; and 2) Lifetime Fitness received a Condition Use Permit approval on October 1, 1996 to allow additional parking across Thomas Lake Road from the fitness club. The third request was that of Citi -Cargo which was denied by the City Council in September 1996. The district Proposed Chanves: At the April 15 City Council meeting and a subsequent workshop the Council discussed their concern with the ordinance and the City Attorney and Planning staff developed some suggested revisions. The revisions include further definition of the scope of the application and performance standards to further clarify the scope. At the workshop the Council, concluded that they feel it is still appropriate to apply the ordinance to both off- site parking and off-site storage so long as the intent of serviant uses and performance standards for evaluating these uses are clarified in the ordinance. The proposed revisions to the performance standards for storage and parking more clearly state that the serviant parcel shall have fewer spaces, less area and less outdoor storage than the dominant parcel. It also establishes screening standards for outdoor storage that are not provided for in the existing code. The Council directed that the APC hold a public hearing on these proposed revisions and provide a recommendation to the City Council . Action to Consider: To recommend approval or denial of an amendment to the City of Eagan Code Chapter 11, amending Section 11.10 regarding Off -Site Off -Street Parking and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Attachments: Draft ordinance No. 205 2" Series Minutes from 4/15/97 City Council meeting Minutes from 10/2/95 City Council meeting Minutes from 9/26/95 APC meeting 2 SENT BY: 612 432 3780 5-22-97 ; 9:26 : SEVERSON SHELDON 681 4694:4 S/ 7 ORDINANCE NO. 205 IND SERIES AN ORDINANCE OF TIME CITY OF EAGAN MINNESOTA, AMENDING LAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.10 REGARDING OFI- SITE OFF-STREET PARKING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAV17ER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding to 11. 10, Subd. 12. 1, to read as follows: Subd. 12.1. Off Site Off -Street Parking and Off Site Outdoor Storage As Conditional Use. A. Scope of Application. For purposes of this subdivision only, off site off-street parking and-2ff-sb outdoor storage shall mean such activity as a principal use on a parcel of land which shall be deemed servient to a dominant parcel on which a principal use is located and served by the off site off-street parking or off site outdoor storage on the servient parcel. The Council believes that an enanding or growing business sometimes needs additional off-street 11arldng or additional outside lJorrage which cannot be iMmedint"I accommodated on th a¢t Q dominant parcel of Franga The Council ' ends this provision to oravide + c llZe off bite off street FSS or of[ to ovxside storage which co=-IgMotslheeza5ifmg2ff.streetnarWmgjXgff site outside storage l the dominant parcel. It is not the Counci'c intention to allow off site outdoor storage or off-street narking in greater amounts greater number of 4gaces or ezea^ ter area on the servient p reel thin exists on the dominant parcel. B. Conditional Use Permit Application. All applications for a conditional use permit for off site off street parking and off-street outdoor storage shall include a detailed, to -scale site pla4 specifying the dimensions, location, desiga and compliance with the performance standards set forth herein. C. Performance Standards, 'Termination and Non Compliance. 1. Standards. No offsite off-street parking or off-street outdoor storage, as descn'bed in Subparagraph A, shall be permitted unless the following conditions are mct, in addition tothose standards set forth in Subd. 4 of Section 11.40: a. The dominant parcel, which shall be served by the uE site off-street parking or off- outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel; 0ro - S5NT BY 612 432 3780 5-22-97 : 9:27 : SEVERSON SHELDON- 681 46944w 61 7 b. The parcel on whicb the sig off-street parking or off site outdoor storage is located and the dominant parcel which the off site off- street ffstreet parking or outdoor storage serves shall be within the same zoning districts, provided in R-4 districts, the servient parcel shall be within a R-4 district, limited Business "LB", Neighborhood Business "NB", General Business "GB", Community Shopping Center "CSC", Regional Shopping Center "RCS", "RB" Access Use, Limited Industrial "I-1", General Industrial "I-2", and Research/Development District "R -A". C. The servient parcel on which the off site off-street parking or off site outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served by the off site off-street parking or off site outdoor storage area; d The off kc off-street parking area shall meet the requirements set forth in Section 11. 10, Subd. 12, herein; C. The Offsite outdoor storage area shali meet the requirements set forth in Section 11.10, Subd. 29 (c) (1), except those provisions governing building or height restrictions. £ Off site off-street Dig and off site outdoor storage on the servient parcel shall have fewer Fig ^acM less area and less outdoor storage -area than the dominant psrce . i 1 e 1 .♦ ti. • � a�U ' ♦ � � « � ♦ ala 2. Termination. Any conditional use permit issued under this Subdivision or any right to obtain a conditional use permit under this Subdivision shall terminate upon the development of the servient lot on which the off site off- street parking or off site outdoor storage area is located or upon the termination of the principal use located on the dominant parcel to which the ori site off-street parking or oWsite outdoor storage area serves, which occurs first. 3. Non -Compliance. Failure to comply with any of the standards or conditions set forth herein or in the conditional use permit, or any other violation of City Code provisions, shall constitute sufficient cause for the termination of the conditional use permit by this Council following a public hearing. a<< 612 432 3780 �S£VT BY: 5-22-97 : 9:27 : SEVERSON SHELDON- 681 4694:$ 7/ 7 Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation!" and Section 11. 99, entitled "Violations 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.G. VanOverbeke Its: Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: A"aiaMUMA A By. Thomas A. Egan Its: Mayor a�� Agenda Information Item June 3, 1997 H. CONSIDERATION OF INTERIM ORDINANCE FOR ALL D -II DESIGNATED PROPERTY IN THE GUIDE PLAN ACTION TO BE CONSIDERED: To approve or deny an ordinance of the City of Eagan Minnesota, adding City Code Chapter Twelve entitled "Comprehensive Guide Plan and Land Use Regulations — Interim Use Study", and by adopting by reference Eagan City Code Chapter 1 and Section 12.99. FACTS: At the May 19th meeting, the City Council directed the City Attorney's office to prepare an interim ordinance for consideration regarding a city-wide D -II land use. The ordinance as drafted will apply to all property designated D -II on the Comprehensive Guide Plan land use map. It will prohibit the issuance of building permits, rezonings, comprehensive guide plan amendments, conditional use permits, variances and subdivisions on D -II properties during the duration of the interim ordinance. The ordinance will expire on May 31, 1998 or sooner if determined by the City Council. ATTACHMENTS: Proposed Ordinance -Chapter 12, page through M Map of all D -II designated propertiW4 f& a (3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, ADDING EAGAN CITY CODE CHAPTER TWELVE ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS - INTERIM USE STUDY% AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 12.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Twelve is hereby established to read as follows: Interim Use Study. A. In July of 1996, the City Council held a workshop concerning lands designated as D -H, according to the City's Comprehensive Guide Land Use Plan. At the City Council's direction, a comprehensive review of policies and locations of D -II land has been under research by City staff. As of June 3, 1997, pursuant to Minnesota Statutes Section 462.355, Subd. 4, the Eagan City Council directed a study to be conducted for the purpose of considering: i. Amendments to the Eagan Comprehensive Guide Land Use Plan for land designated as D -H; and/or ii. The possible rezoning of lands currently designated D -II, under the Land Use Plan. B. This interim ordinance is adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens. C. With respect to property currently designated as D -II in the City's Comprehensive Guide Land Use Plan, commencing on the effective date of this ordinance and ending May 31, 1998, or at such other time as the City Council may determine: i. No building permit for the construction, reconstruction or alteration of any structure shall be issued except for permits for the necessary repair of existing buildings as determined by the City Council. ii. No requests for rezoning or Comprehensive Guide Plan amendments shall be approved by the Advisory Planning Commission or the City Council. a(q iii. No conditional use permit or variance shall be approved by the Advisory Planning Commission or the City Council. iv. No portion of the property shall be subdivided or replatted except for the purpose of consolidation of two or more parcels of land into one parcel. D. The termination date for this ordinance may be extended for such additional periods as the City Council may deem appropriate not exceeding a total additional period of 18 months. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section , 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: Date of Advisory Planning Commission Hearing: � ak Gvdffqrm A N 1000 0 IODD 2000 Feet City of Eagan Parcels Designated D-11 Comprehensive Guide Plan Landuse Map Prepared by city of Eagan community Development Department Q 1 (.0 T- 0 mon Agenda Information Memo June 3,1997 Eagan City Council Meeting I. PRELIMINARY AND FINAL PLANNED DEVELOPMENT & VARIANCE — DAMONE GROUP, LLC ACTION TO BE CONSIDERED: >. To approve or deny a Preliminary and Final Planned Development to allow an assisted living residence facility on Lot 1, Block 1, Pilot Knob Heights 1St Addition in the SW'%4 of Section 15, subject to the conditions recommended by the APC. > To approve or deny a Variance to the Shoreland Ordinance (Section 11.21 Subd. 8, D.3.d.) to allow 35.3% impervious lot coverage on Lot 1, Block 1, Pilot Knob Heights 1St Addition in the SW 1/4 of Section 15, subject to the conditions recommended by the APC. FACTS: > This property is located within the Pilot Knob Properties PD that was approved in 1974. Because the original PD agreement is quite vague, this request is being processed as a new planned development. > The proposed assisted living facility (Clare Bridge) is designed to provide a high level of care and service for elderly persons with memory impairment, such as Alzheimer's disease. The residence will accommodate 52 residents and will be licensed through the State. > The residence will be fully secured. A staff to resident ratio of 1:6 will be provided with 9 skilled care employees and 3 support staff on site during each shift. A registered nurse will be at the facility on a full-time (40 hours/week) basis. > The proposed use should blend well with the surrounding mix of multi -family, single family and commercial uses. None of the residents will drive, so traffic impacts should be minimal. The proposed building and site design appear attractive and residential in character. > If approved, the proposed site plan will achieve Final Planned Development status when a Final Planned Development Agreement has been executed. > At their May 27, 1997 meeting, the APC recommended approval of the requested Preliminary and Final Planned Development, subject to the conditions in the staff report with minor modifications to condition #1 and the addition of condition #10 a (1 (see Issues). The APC also recommended approval of the requested Variance to the Shoreland Ordinance subject to the conditions in the staff report. ISSUES: > The proposed site plan indicates 26 on-site parking spaces and an additional 20 spaces shown as proof of parking. The zoning ordinance does not have a parking rate specific to this use. However, a hospital of the same size would require 78 spaces. The applicant states that, based on past experience, 26 stalls should adequately serve the parking needs. There should be about 14 spaces available for visitors at any given time. The APC recommended adding a condition (#10) that would require the developer to provide the additional on-site parking within one year of notification by the City that additional parking is needed. > The property is within the Shoreland impact zoned for Fish Lake and is therefore subject to the Shoreland Ordinance. That ordinance only allows 25% total impervious surface, unless the City has an approved and implemented stormwater management plan in affect. The proposed site plan results in 35.3% impervious surface, which requires a variance. However, because the City has a stormwater management plan, it can use discretion in granting a variance to increase impervious coverage. MnDNR must review such variance requests. To date, staff has not received comments from MnDNR on this variance request. BACKGROUND/ATTACHMENTS: > Minutes of the May 27, 1997 APC meeting, pages '-m-liq through > Staff report, pages2j,larou�_'1104 SENT BY: 5-34-97 ; 11:05 ; SEVERSON %ELDON 612.681 4612;#12/20 R=94i. n4F i 1 May 27, 1997 ADVISORY PLANNINo COMMISSION PRELDU NARY &FINAL PLANNED DEVELOPMENT DAMONE GROUP, LLC Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary and Final Planned Development to allow an assisted living residence on Lot 1, Block 1, Pilot Knob Heights 1 st Addition, and a Variance to Section 11.2 1, Shoreland Zoning, located at the northeast corner of Krestwood Lane and Crestridge Lane in the SW11a of Section 15. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated May 21, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. Michael Parks of Troy Michigan, a representative of the applicant, was available for questions. No persons from the public were present for comment. Commission Chair Heyl noted that the APC had received a letter from Frances Bauer stating that neighbors were in favor of this development. Member Bakken moved, Member Miller seconded, a motion to recommend approval of a Preliminaty and Final Planned Development to allow an assisted living residence on Lot 1, Block 1, Pilot Knob Heights 1st Addition, located at the northeast corner of Krestwood Lane and Crestridge Lane in the SW% of Section 15. In farther discussion, Member Segal asked about the office location of the Damone Group. The applicant stated that they were out of state and were acting only as the development agent for the project. The company managing the project has an office located in state. In response to a question from Member Segal, Mr. Parks noted that this development will be non-secretarian. Member Segal expressed his concern about the limiting nature of the wording in Condition No. 1 and suggested that the words "frail" and "with memory impairment" be removed. There was discussion by the APC as to the number of parking spaces being provided for the facility. A member of commissioners expressed concern that parking would be inadequate around the holidays. Mr. Parks noted that they have roughly dQ of these facilities around the country and a proven track record that the amount of parking 612 4 2 3780 05-30-97 11:09AM P012 #38 SENT BY' 5-30-87 ; 11:05 ; SEVERSON SIELAON-} 612 681 4612;#13/24 R-94% Page 12 May 27, 1997 ADVISORY PLANNJNG COMM SS10N spaces needed has never exceeded 26. He stated that around the holidays many of the residents are taken out of the facility and unfortunately a number of than are not visited. W. Parks noted that the applicant was aware of the City's restrictions on off-street parking. Commission Chair Heyl suggested that a condition 10 be added stating that if the City sees a need for additional parking due to extensive on -street parking, the applicant will be required to provide this additional parking within it year. Member Bakken and Member Millen' continued the motion to recommend approval of a Preliminary and final Planned Development to allow an assisted living residence on Lot 1, Block 1, Pilot Knob Heights 1st Addition, located st the northeast corner of Krestwood Lane and Crestridge Lane in the SW'/4 of Section 15, subject to the following amended conditions: 1 _ The proposed facility shall provide care for elderly residents in a one-story building as proposed on the site plan submitted. 2. 1?xecution of a Final Planned Development Agreement. 3. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the critical root Zone, whichever is greater, of significant trees/woodlands to be preserved. 4. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 5. The developer shall dedicate sufficient drainage and utility easements over the existing sanitary sewer and water main lines along the west and south edges of the site to achieve 20 feet of easement centered over the utility lines. 6. The developer should relocate the larger plants shown witbin the area of the proposed drainage and utility easements to areas outside of the proposed casement area, or substitute them with plants that do not grow very tall (e.g. small shrubs and flowers) or have deep root systems 7. This development shall be responsible for cash parks and trails dedication. S. Water quality mitigation requirements shall be met through on-site ponding. 9. The design of the detention pond must incorporate an aquatic bench for safety 940�-o 612 432 3780 05-30-97 11:09AM P013 #38 SENT BY: 5-30-97 ; 11:06 ; SEVERSON SHELDON-+ 612 681 4612;#14/20 Page 13 May 27,1997 ADVISORY PL.ANNWG COMMISSION purposes as per the City of Eagan's detention basin design standards. 10. If after review by the City it is decided that additional parking is needed based on extensive on -street parking, additional parking stalls must be provided within one year. All voted in favor. Member Miller moved, Member Bakken seconded, a motion to recommend approval of a Variance to Section 11.21, Shoreland Zoning, located at the northeast corner of Krestwood Lane and Crestridge Lane in the SWI/4 of Section 15, subject to the following conditions: 1. Water quality mitigation requirements shall be met through on-site ponding. 2. The design of die detention pond must incorporate an aquatic bench for safety purposes as per the City of Eagan's detention basin design standards. All voted in favor. R=94% 612 432 3780 05-30-97 11:09AM P014 #38 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 21, 1997 APPLICANT: Damone Group, LLC PROPERTY OWNER: Mpls. Federation for Jewish Services CASE #: 15 -PP -124-97 HEARING DATE: May 27, 1997 PREPARED BY: Julie Farnham REQUEST: Preliminary and Final Planned Development, Variance to Shoreland Ordinance LOCATION: NE corner of Krestwood Lane and Crestridge Lane COMPREHENSIVE PLAN: CA — Central Area ZONING: PD — Planned Development SUMMARY OF REQUEST The applicant is requesting a Preliminary and Final Planned Development to allow an assisted living residence on Lot 1, Block 1 Pilot Knob Heights 1" Addition, and a Variance to Sec. 11.21 Shoreland zoning, located at the northeast corner of Krestwood Lane and Crestridge Lane in the SW '/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.20 Subd. 8, Planned Development District, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: 1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; 2) be feasible for the owner and developer economically to complete according to proposed plans; 3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The City's Comprehensive Guide Plan designates this property for Central Area which generally consists of commercial, retail, office and multi -family uses. The property is Planning Report — Damone/ALS May 27, 1997 Paye 2 zoned Planned Development and is part of the Pilot Knob Properties PD that was approved in 1974. That original PD proposed townhome development for this property. Because the original PD Agreement is quite vague in terms of uses and development standards, this request is being processed as a new planned development. Since it only consists of a single lot development, the preliminary and final planned developments are being considered concurrently as the final PD will virtually mirror the preliminary PD. EXISTING CONDITIONS The site is undeveloped and relatively flat. A low area exists in the eastern third of the site. Some re -growth woodlands exist along the east and south edges of the property. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property North - Daycare; zoned PD; guided CA South - Single family homes; zoned A and R-1; guided D -I East - Multi -family; zoned PD; guided CA West - Bank; zoned PD; guided CA EVALUATION OF REQUEST Proposed Use — The proposed assisted living residence, known as Clare Bridge, -is designed to provide a high level of care and service for frail elderly persons with memory impairment, such as Alzheimer's disease. The residence will be fully secured. Residents will not leave the facility unless accompanied by a family member or staff. The facility will accommodate 52 residents and provide 40 private bedrooms and 6 double occupancy bedrooms. The building will have several common areas and two outdoor courtyards. All meals will be served in common dining rooms. A registered nurse will be at the facility on a full-time (40 hrs/wk) basis. A staff to resident ratio of 1:6 will be provided, with 9 skilled care employees and 3 support staff on site during each shits. The project will be licensed as an Elderly Housing with Services facility through the State. Compatibility with Surrounding Area — The proposed use should blend well with the surrounding mix of multi -family, single family and commercial uses. None of the residents will drive so the use should not generate a large amount of traffic. In addition, the facility will be fully secured. The proposed building and site appear to be attractively designed and should enhance the neighborhood. Setbacks — The proposed setbacks for building and parking meet or exceed code requirements. Parking/Access — The proposed site plan indicates 26 on-site parking spaces and an additional 20 spaces shown as proof of parking. The zoning ordinance does not have a parking rate specific to this type of facility, but does include rates for hospitals and multi - 02a 3 Planning Report — Damone/ALS May 27, 1997 Pave 3 family dwellings. Applying the hospital rate of 1.5 spaces per bed results in a need for 78 spaces. Likewise the multi -family rate of 2 spaces per dwelling unit results in a need for 104 spaces. The applicant states that the proposed 26 stalls should adequately serve the facility needs based on past experience. They note that there should be about 14 spaces available for visitors at any given time. A single public street access is proposed onto Crestridge Lane at the south edge of the site. Building Design — The proposed building will be fairly residential in character. It will be one story (21 feet tall) and 30,234 s.f. in area. The building lot coverage is 17.5%. The exterior will consist of cream colored brick and vinyl Iap siding. The roof will be covered in weathered wood shingles. Two large exterior courtyards are proposed off the east and west sides of the building. Trash Englosure — The proposed site plan indicates that the trash enclosure will not be attached to the building as required by code. The trash enclosure is proposed on the north side of the building about 20 feet from the building. The applicant states that they prefer a detached location due to the residential nature of the building noting that servicing of dumpsters in an attached enclosure would be more disruptive to those residents whose rooms are nearby. The proposed 10' x 14' enclosure will be 6 feet tall and constructed of brick to match the building. It is also proposed to be surrounded by evergreen trees. Landscape Plan/Tree Preservation - The landscape plan submitted is acceptable. The proposed plantings will provide an ample mix of deciduous and evergreen trees and shrubs as well as flowers. The preliminary landscape plan shows some larger plants (e.g. trees) located within the area of a needed drainage and utility easement for the sanitary sewer (see p. 4). The developer should relocate these larger plants to areas outside of the proposed easement area, or substitute them with plants that do not grow very tall (e.g. small shrubs and flowers) or have deep root systems. The site contains re -growth vegetation (primarily poplar trees) consisting of 22,580 s.f of significant woodlands. Proposed development will remove 17,800 s.f. (78.8%) of these woodlands. Required mitigation is 22 category B trees. Due to the ample amount of plant materials proposed with the landscape plan, no additional tree mitigation will be necessary. Signa e — The only signage proposed is a monument sign located at the driveway entrance off Crestridge Lane. The sign is proposed to be 7 feet tall and 10 feet long. The sign face will be about 28 s.f. in area and will be made of wood with raised, carved letters. No illumination is proposed. Grading/Wetlands — The preliminary grading plan is acceptable. The existing site is generally open and flat with a few lightly wooded areas. The grading plan shows a maximum fill of 4 feet with a maximum cut of 12 feet in the area of the proposed pond. Planning Report — Damone/ALS May 27, 1997 Paize 4 There are no jurisdictional wetlands within the site. Storm Drainage/Water Quality — This site is located within drainage basin J and will generate runoff that will eventually reach Fish Lake. The City constructed a two -cell detention basin, Pond JP -67, downstream to treat runoff from this watershed. In order to avoid over -burdening this pond, staff recommends that a small detention pond be provided to pre -treat runoff from this site before discharge to Pond JP -67 and subsequently, Fish Lake. This pond will drain to Pond JP -67 via an existing storm sewer system along the north edge of the site. The detention pond shown on the site plan will need to incorporate an aquatic bench for safety purposes, but should otherwise meet the treatment requirements for the site. Staff recommends that water quality mitigation requirements be met through on-site ponding, which is proposed. The site is located within the Shoreland Management Impact Zone for Fish Lake. According to the City's Shoreland Ordinance, total impervious surface of the lot cannot exceed 25% unless the City has approved and implemented a stormwater management plan affect the subject site. The proposed site plan results in 35.3% impervious surface. As a result, a variance to the Shoreland Ordinance is required. However, because a stormwater management plan has been approved, the City can use its discretion in granting a variance to increase the imperious coverage. This variance request must also be sent to the MnDNR for their review and comment. At the time of this report, staff has not received comments from the DNR. Utilities — Sanitary sewer and water main are readily available for connection within the site for connection by this development. Easements/Permits/Right-of-Way: The current drainage and utility easement over the existing sanitary sewer and water main lines along the west and south edges of the site is insufficient. It should be the responsibility of the developer to dedicate sufficient drainage and utility easements to achieve 20 feet of easement centered over the utility lines. Park Dedication — This development is subject to a cash dedication for parks and trails. SUMMARY/CONCLUSIONS The proposed assisted living facility will accommodate up to 52 residents. The facility will be licensed with the State. Nine to 12 employees will be on-site at any given time to provide supervision and assistance to the residents. A nurse will visit the facility daily. The facility will be fully secured and residents will not be able to leave without being accompanied by family members or staff. The proposed building and site design are residential in character and should be compatible with surrounding residential and commercial uses. Planning Report — Damone/ALS May 27, 1997 Pace 5 The site is within the Shoreland Management Impact Zone for Fish Lake. The proposed development will result in 35.3% impervious lot coverage which exceeds the amount allowed by the Shoreland Ordinance. As such, a variance must be granted to allow the development as proposed. The ordinance states that the 25% impervious coverage may be exceeded if the City has implemented a stormwater management plan in the area, which has been done. If approved, the proposed site plan will constitute the Final Planned Development for the Damone Group/Alternative Living Services. The proposed site plan will achieve Final Planned Development status when a Final Planned Development Agreement has been executed. The applicant will be required to submit the following plans, including any modifications resulting from the APC and Council review of the preliminary plans, to be used as exhibits in the Final PD Agreement: ! Final Site Plan ♦ Final Building Elevations e Final Signage Plan ♦ Final Landscape Plan ACTION TO BE CONSIDERED A. To recommend approval or denial of a Preliminary and Final Planned Development to allow an assisted living residence facility on property located at the northeast corner ofKrestwood Lane and Crestridge Lane in the SW'/. of Section 15, subject to the following conditions: 1. The proposed facility shall provide care for frail, elderly residents with memory impairment in a one-story building as proposed on the site plan submitted. 2. Execution of a Final Planned Development Agreement. 3. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved. 4. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 5. The developer shall dedicate sufficient drainage and utility easements over the existing sanitary sewer and water main lines along the west and south edges of the site to achieve 20 feet of easement centered over the utility lines. 6. The developer should relocate the larger plants shown within the area of the proposed drainage and utility easements to areas outside of the proposed easement �acr Planning Report — Damone/ALS May 27, 1997 Pave 6 area, or substitute them with plants that do not grow very tall (e.g. small shrubs and flowers) or have deep root systems 7. This development shall be responsible for cash parks and trails dedication. 8. Water quality mitigation requirements shall be met through on-site ponding. 9. The design of the detention pond must incorporate an aquatic bench for safety purposes as per the City of Eagan's detention basin design standards. B. To recommend approval or denial of a Variance to the Shoreland Ordinance (Section 11.21, Subd. 8, D.34) to allow 35.3% impervious lot coverage on property located at the northeast corner of Krestwood Lane and Crestridge Lane in the SW '/s of Section 15, subject to the following conditions: 1. Water quality mitigation requirements shall be met through on-site ponding. 2. The design of the detention pond must incorporate an aquatic bench for safety purposes as per the City of Eagan's detention basin design standards. FINANCIAL OBLIGATION — Damone Group, Part of Lot 1, Block 1, Pilot Knob Heights There are pay-off balances of special assessments totaling $12,700 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Water Availability Charge C/I Storm Sewer Trunk C/I Total Rate 2,855/Ac .022/sq ft Quantity Amount 3.97 Ac $11,334 172,933 sq ft 3.805 15.139 •:0!01:111C 101'1 :16 OVAL—A i iml ►ii!a jamone Group, LLC. Preliminary Planned Development W -i .ase Nn_ 15.PP.4 2.AA.97 �ML JH 'iM LMm *]Mlle 1@ m go :1N_ C, jamone croup Aw—w &J- An M! Lm I IU 3a -!R 0 m :I$ I'mif m 13 ag '��.•'� _ w-wI r ■ M. .. �,� _... _ .. .r .Ire nr .r 1 A .L" 11. .. MENEM ma� ►�'�. it /� �.�.-�.. � ��►w ;1_X1,141►�'SO 0 r-lan mu�isnazio A Central Area W Cl) W O �, z O ~ W I U a 0 e W Z Q z ''AA ri CO) W z t ii Fail M FIRST r ! :tfill �aooD=e,lllllll 1111111 L: N o FIRST r ! :tfill �aooD=e,lllllll 1111111 L: ■ Ami CO W 1 U `1 W CO Z >Z o o �a W >a H W a Z W H J a F tcc r Site +1 Z�— 5 A f- ^ Ln e ep � Xr l 'girl 7 tirF ,'•`�SOOi4'55'EE^ 323.76 _� I ' I fill t as Ww Li d too i IZ I u J sEiE �� { • W 'n Q o I VJ J 74 N I In ) W Z w WOOD LANE 0 PIN KREST— — ♦ I $£ -,; w a g� E3i! Ydd7i'�Q3 M Rlb A LI oil 20 i` � oil :L' I I job �'■ ` _ R __ 8 — i..... t 9k.4 h ,�>_LAME KRES a WO r. mow; A I AS B99'0e - AH®AS ENO VD(lum® Ell � , `Q � W n„ , 64-29-97 99:37 A.L.S. OPERATIONS m�� ^ G� u, CIO co O � C> • Vo y A a X ►. CD .or H U cs v 000-1.50-1 00'7 1 GI: AZ w N U cn I r -- CD M CC L C w N U cn I Loren J. Taple, D.D.S. Todd M. Thomas, D.D.S. Community Development Department Planning Division City of Fagan 3830 Not Knob Rd Fagan, MN 55122 ATTN: Julie Farnham 05/10/1997 Dear Ms. Farnham, 1340 Duckwood Dr. lib Duckwood Square Eagan, MN 55123 (612) 687-0789 I will not be able to attend the development meeting on Tueasday May 13th I would appreciate if this letter could be read at that time. We have a dental office just around the corner from the proposed assisted living facility and I would h'ke to voice our support for this use of the land. I have for the past seven years serviced facilitics such as these for the residents dental needs and would look forward to working with this group should they desire to offer dental services to their residents. I think that this use of the property would help benefit existing Fagan businesses such as mine and would encourage the city to approve their request. Siacer+et9, \J "J. a DDS �C LLJ Cc W I S• cc Cc W O Z I S Z O W U z cc 'R vW z —IF O I -- co X � W tf j s � i 1 a€ Z—� •��?e 1.4 ilii LL 0 LL. oLL L z P n+s I W jr?!= Est 4 f ` I in M,.m MOT UNMEHArsA 1i f 111 11 •.cosi#.. IIIIII� 1111111 F �2 H4c OW ffi � w ca z i tf j s � i 1 a€ Z—� •��?e 1.4 ilii LL 0 LL. oLL L z P n+s I W jr?!= Est 4 f ` I in M,.m MOT UNMEHArsA 1i f 111 11 •.cosi#.. IIIIII� 1111111 Agenda Information Memo June 3, 1997 ACTION TO BE CONSIDERED: To approve/deny the request to restrict onstreet parking on North and South Ruby Court. FACTS: • The City staff has received a request from the Homeowners Association of the Diffley Commons Villa & Garden Homes requesting the City to prohibit onstreet parking for North Ruby Court and South Ruby Court. • In accordance with previous Council direction, all such requests are to be presented to the City Council for their determination and authorization if appropriate. • These two public cul-de-sac streets were constructed in 1993 privately by the developer of the Diffley Commons 2°a Addition. They were constructed to standard residential street widths of 32' which is greater than the 28' width for typical cul-de-sacs due to the number of private streets and driveways accessing these public streets. * The Street Maintenance Division of the Public Works Department has, on occasion, encountered parked vehicles on the public street when performing snow/ice control and/or street sweeping operations. Staff would have no problems with complying with this request. ATTACHMENTS: • Letter of request, page • Location map, page aid yT-1�. STI 1 1 C(1\�IRI ("I1(1\' 11.%.\AGF}IF:\PFIi11CI:S t;1'[TLI 1L•\`: \Ll\ KiL' \II:\ f COKPOKAHO\ • G1TTLE.%LkN CONSTRUCTION COKt'ORNFIO\ May 9, 1997 Mr. Arnie Erhart City of Eagan - Street Maintenance Dept. 3501 Coachman Point Eagan, Mn. 55122 Dear Mr. Erhart: I am writing on behalf of the Diffley Common II Villa and Garden Homes Association which represents 144 homeowners within the City of Eagan. There are children and adults that walk through the property and we have experienced problems with vehicles speeding through the property. Although most of the streets in the Association are privately owned, there are 2 streets which are city streets, North Ruby Court and South Ruby Court. The Association has 15 MPH signs and no parking signs on the private streets and will be installing speed bumps in the near future. While they have these controls on the private streets, there is still a problem with speeding on North and South Ruby Court which the Association does not have control of and requests the City of Eagan to consider limiting the speed on these roads. The other issue is parking on the city streets. North Ruby Court has a curve in the street and when vehicles are parked on the street we have had near accidents, especially in the winter season. It is requested that the City also consider no parking on these streets. Please call me at 831-2505 to discuss these issues in further detail. Yours very truly, GITTAN MANAGEMENT CORPORATION Zo Jan Bristow Association Manager JB/car cc: Board of Directors I(7 X11 \( 112 I1 IV E. I'H1<\ PI\:\\l;l:\1.l;li\'11:12 • -1111(1 XEI<XFi tiUl TI I \II`:\G\I'OLIti..\lINNE.,< YG\ ii -4i] - i0121 tiil 2)O' • FAX Itil_'I rill li�;8 11()\\\ll>\1\(IFFICII: i11E RA\Fki i OI,H11:1161 tilRlil{l. \II`:'.li.\I'(11.1�.\I \li )T\ SN(I (11_') ii,i I'4.5. i -AN (-12-;„ 1141 LA. '>- w Fri i m CAF I JEU I=ADE O4 IRCON LA. GL( CHIPMUNK Z W ct: C) Z N. TIMBI O CT. li 0 cr- A 0 I-- W z Z (n =: ;; Q < o Z < Ln W BADGER �ITY OF EAGAN UNT y PE we DR. DA_ Vim, Q4 d AN. qWK. J M oc SECTION 20 DATE CITY OF EAGAN NEW _ON :,ALE FFtc 3030 PILOT KNOB ROAD RENEWAL _OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY TEMPORARY FEE $25.00 eQGA.W4/reWsAPPLICATION FOR NON4NTOXICATING MALT LIQUOR LICENSE PLEASE PRINT APPLICANT r�"WA D JiF(JA,E �6 OWNER'94AME (Last) (First) (Middle) (Last) (First) (Middle) Address % QGf d&"44&2 WA Address J Street) (Street) (City) (State) (Zip) (City) (State) (Zip) Phone Y"17 BirthdateA0Z_g&4.1 143 Phone Birthdate TRADE NAME FA Ga 4 /✓ �C. ! ©NS MANAGER'S NAME _ 3#jjy .S'//�.16"r�/i,G'iV�iP/dG /�i'} (Last) (First) (Middle) Address (Street) (City) (State) (Zip) Phone 8f� 4/511L % (Street) (City) (State) (Zip) Phone Birthdate HEREBY APPLIES FOR NON4NTOXICATING LIQUOR LICENSE for the year 1r` 7 , from _ - —7 3 to :z /'!, (month) (date) (month) (date) -� �+ p Event: ��%��r y �t V L \r� Location: .!/�l/ %D�/ L. ! /�fPC (for temporary kense) (Address) STRONG BEER: Yes X_No Applicants who have an on -sale wine license, and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor liability Insurance. Are you the actual proprietor? Yes ( ) No M Are you the owner of the property of the business location? Yes () No ()o Has any other license of this kind been granted to you? Yes OQ No O Where �i¢i�,l+�i/ a Jr 6 (City) (Year) Are any taxes, assessments or utility bills for the permises unpaid or deliquent? Yes ( ) No.jo. If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 304AS027 Yes () No (V. If yes, attach summary copy. Have you ever been convicted? Yes ( ) No ()q City (Other than a traffic offense) Is this a pint ownership or silent partnership? Yes ( ) No u6. If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers fo everyone involved. 1 HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. 1(we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED SIGNATURE (First) (FyrUiddle) (Last) 7 POLICE APPROVAL: YES () NO () SIGNED DATED Permit fee: $25.00 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 PARADE PERMIT APPLICATION Date: V�2/ I, /'%i4%�,�; D hereby make application for a Parade NAME Last First Middle Permit for y— 91i _ from the City of Eagan. The sponsoring Date organization is: / I'oAv 5 G,4 d/3 d' .!u*V Name of Organization Street Address Telephone �p City State Zip Describe the route, the length, estimated time of commencement and termination and the general composition of the parade: az c � C1116 t,nJj ? ) () �61i 'yoplio- ?) Authorized Signature: First I�' Full Middle — Last The Chief of Police will review the parade route, examining possible hazardous or inconvenient conditions. He shall make arrangements for alternate routing of traffic and any other traffic control measures. His findings will be presented to the City Council. The Council may deny or grant the permit, and/or add conditions including a date, time or route. For City Use Only: Police Approval: Yes () No ( ) _ Signed Date City Council Approval: Yes ( ) No ( ) Signed Date parade.61 MEMO city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 16, 1997 SUBJECT: ADDITIONAL INFORMATION/JUNE 17 CITY COUNCIL MTG There is nothing additional for the regular City' Council meeting agenda. /S/ Thomas L. Hedges City Administrator