08/19/1997 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
AUGUST 19,1997
6:30 P.M.
ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMM
IV. COMMUNITY RECOGNITION
V. DEPARTMENT HEAD BUSINESS (BLUE)
.Z, A. BOULEVARD trees
VI. CONSENT AGENDA (PINK)
A. PERSONNEL ITEMS
B. EXEMPTION from Lawful Gambling License, Eagan Chapter of Ducks Unlimited
a C. KERN, DEWENTER, V1ERE, LTD., engagement letter for auditing services - year ending
1 December 31,1997
(O D.
PROJECT 700, receive final assessment roll/order public hearing (TH 3 Service Rd. & Hall St. -
Utilities)
RECOMMENDATION, Airport Relations Commission, Metropolitan Aircraft Sound Abatement
Council Representation
FINAL SUBDIVISION, Opus Northwest, LLC for Eagandale Center Industrial Park No. 13
RECOMMENDATION, Airport Relations Commission, request for current and projected noise
level comparisons for North-South Runway public information
RESIGNATION, APC
RESIGNATION, APIC
VII. 7.00 - PUBLIC HEARINGS (SALMON)
P. 20 A. PROJECT 721, Mulcahy Add. - Sanitary Sewer
B. PROJECT 722, Murphy Pkwy. - Watermain
C. VARIANCE, REM -Metro Services, Inc., a two -foot height variance to code requirements of 6' to
P allow a 8' fence for Lot 1, Block 10, Langhoven Addition located at 3820 Alder Lane in the NW V4
of Section 20
VIII. OLD BUSINESS (ORCHID)
A.
P
CONTRACT 97-15, approve plans/order ad for bids (Mulcahy Add. & Murphy Pkwy. - Utilities)
s� B.
RECONSIDERATION, Preliminary Subdivision (Eagan Promenade 31d Add.) - Opus Northwest
DG NEW BUSINESS (TAN)
S( A.
REZONING - Kenneth & Jane Greene, of 5.92 acres from A (Agirculture) to R-1 (Single Family)
•
and a PRELIMINARY SUBDIVISION (Verdant Hills) consisting of 12 lots on 9.2 acres, located
east of Wescott Hills Drive on Woodland Court in the NE 1/4 of Section 14
Q B.
COMPREHENSIVE GUIDE PLAN AMENDMENT - City of Eagan, to change the land use of
Q
approximately 42 acres from Industrial to Business Park and a REZONING from I-1 (limited
Industrial) to BP (Business Park) for property legally described as Lexington Addition, located
rJj L C.
north of Northwood Drive and west of Lexington Avenue in the SE I/i of Section 10
COMPREHENSIVE GUIDE PLAN AMENDMENT - City of Eagan, to change the land use from
1
Industrial Business for
to Park approximately 80 acres preliminary platted as Eagandale
Corporate Center No. 2, located north of Yankee Doodle Road and east of Lexington Avenue in
the SW 1/4 of Section 11
�O D.
ORDINANCE AMENDMENT - City of Eagan, text -amendments to Chapter 11 "Land Use
Regulations" (Zoning) regarding -outdoor storage and display, trashenclosures, screening,
buffering, setback standards, and various provisions related to industrial development
X. LEGISLATIVF/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
XI. ADMINISTRATIVE AGENDA (GREEN)
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. ADJOURNMENT
XIV. 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, meed, 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
% hours. If a notice of less than % hours is received, the City of Eagan will attempt to provide such aid.
Updated 8/14/97-10:15 a.m.
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 5, 1997
A regular meeting of the Eagan Cir:fZouncil was held on Tuesday, August 5, 1997 at 6:30 p.m. at
the Eagan Municipal Center. Present wer&lV ai yor Egan and Councilmembers Wachter, Awada, Masin
and Blomquist. Also present were City AciistaiY :Toes, Senior Planner Lisa Freese, Director
Of Public Works Tom Colbert, and City AO
Em
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
agenda as presented. Aye: 4 Nay: 0
Councilmember Awada arrived at.&:35 p.m.
jFAI11T[T 'ES CIF Ti'JULY l' ItEG JLIIR V EETII�T
Councilmember Masin noted that :oii page 9 iii the second paragraph, the name of the League of
Minnesota Cities Committee for Govern aiiCo'#itiii3d:#i:ciitgrl;tb the League of Minnesota Cities
"Improving Community Life" Committee and'tiie'xf oQat d rs)iip•�: Subcommittee.
Councilmember Masin also noted that on page 9, the second sentence in the fifth paragraph
should be revised as follows deleting the words retaining wall, "She further said she was concerned about
the City allowing grading to occur that results in the creation of cliffs which creates safety hazards."
Councilmember Blomquist moved,
minutes as amended. Aye: 5 Nay: 0
seconded a motion to approve the
SPECIAL:R. —1 ,., G
Co*uncilmember Awada moved, Councilmem ' ' *:#Nac r seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
IDEPARTMENT HEAD BUSINESS
ACCEPTANCE OF APPRENTICE FIREFIGHTERS AS REGULAR ACTIVE MEMBERS
OF THE EAGAN—FIRE DEPARTMENT
City Administrator Hedges prow# d an ovexo%i'v, on'this item. Mayor Egan and Fire Chief
Jensen presented pins and congratulated"" following firefighters on being accepted as regular active
members of the Eagan Fire Department :toad Bon3g�:3vlatt Brown, Andrew Fossum, Delbert Keene, Tom
Pelava, Steve Dykstra, Gene Grueschow j*ba. .S.oer ."d..6Rja Mueller. Keith Young and Dennis
Mangan were unable to attend. It was nitt#:$ief-:j*:iVie#liyt 3s a fourth generation firefighter. Mayor
Egan commended all the new firefighters on the successful completion of their training.
The 11 apprentice firefighters were accepted as regular active members of the Eagan Fire
Department . _ ... .
Mayor Egan mentioned that theCji ti# Eagaitiastae 27th annual NOISE Conference July 23
through July 26. He thanked all the in i i72ils, cities and 'or' .. 1 tions who were responsible for the
success of the event Councilmember Masiii thanked Mayor Agan for his commitment in serving on a
variety of committees and for his dedicAgi to the community;:;:;.
EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 5, 1997
PAGE 2
IKO x Wa. � �
In regard to Item A, Personnel Items:.- emporary Intern/Community Development,
Councilmember Blomquist stated that sheiW'"i s' opposed to hiring more staff in the Community
Development Department because she feels ;thy &patb nept is heady heavily staffed. She said that even
though the City would receive a grant to ptie.asy;itn, tax dollars were collected from some
;' •:
other taxing jurisdiction to support the grafi "I'Stie f6itlier'saiQ'jE'is not acceptable to spend tax dollars on
unnecessary staff. Councilmember Masirr;a ked Councilmember Blomquist how she arrived at the
decision that the Community Developme "."iepartment was overstaffed. Councilmember Blomquist
answered that it was her opinion based on their workload.
Director of Public Works Colbert introduced Russ Matthys as the new City Engineer.
In regard to Item C, Approve res"on calling. for public hearing - variable rate demand reveni
notes - Allina Health System Councilmeii&r Blomq#!jst asked if there was any risk to the City in
assisting with the financing of the new cliff; City Aftinistrator Hedges stated there was no risk to the
City. Councilmember Wachter asked who'fias finariceii the project to date. City Administrator Hedges
explained that A.11ina is requesting the Cit}rt.xe:bnnd$;i order for them to obtain a better rate
for a long-term mortgage.
In regard to Item H, A rove hiring of ACC Architects - Eagan Civic Arena Councilmember
Blomquist stated that since the timeframe for construction of a second sheet of ice is limited she is
concerned that the architect may submit a number of change orders that will result in the project being
delayed. Councilmember Awada noted that ACC Architects, dasi'ned the Civic Arena and did not have
many change orders on that project. Councilmember,kV el x;;. quested that ACC Architects work with
the firm of Ingraham & Voss and coordinate thQ. tuis04t4t i'of the second sheet of ice with the Municipal
Campus site plan.
In regard to Item L, Appointment, h6iiiiiceF.•.dan�gerous dog desienation animal residing at
4358 Dunrovin Lane. Councilmember Wachter referreds#ie:aenda information memo in the Council
packet and asked for clarification on the additional informal' iOhat was referenced. Assistant to the City
Administrator Hohenstein explained that further information could be found under New Business, Item
E.
In regard to Item U, Villaume Industries connection charge agreement. City Administrator
Hedges stated that the Public Works Committee;is.Fecommencig the City Council approve a settlement
agreement in the amount of $6,534 for stoz�gt:SRWv0t:cortmOli K -'charges. He further stated the Public
Works Committee agreed that the same raci:that wa$:4�urged in 1970 should be applied to the remaining
71/2 acres. Councilmember Wachter notetfi'i'Ei'at reprii e' natives of Villaume were resistant at the first
Public Works Committee meeting, but he;A,dded that -they were agreeable to the settlement at today's
meeting. Councilmember Blomquist sai&kh4t.assesshAt 1.tg :Qf this nature need to be examined in the
future.
In regard to Item W, Project 702 & 703, reschedule final assessment Rublic hearing to September
2,1997, Councilmember Blomquist said that she was willing to approve this item with the understanding
that she was not .involved with these projects prior to this time.
In regard to Item X, Contract 96�:die Order #1(Donald Ave - Street
Rehabilitationl, Councilmember Wachter,O' xi- atulated Direct of Public Works Colbert on the change
order resulting in a net deduction to the o'v+etall contract
EAGAN CITY COUNCIL MEETING MIIVUTE5, AUGUST 5,1997
PAGE 3
A. Personnel Items
Item 1. It was recommended to accept thi l�+tignation of Doris Marona Fuhrman from her position as a
police dispatcher. •
Item 2. It was recommended to approve tii #rtg:ti RSB Kraits for the position of City Engineer.
Item 3. It was recommended to approve ft*:hiring of Kevin Doehling as a park maintenance worker,
subject to successful completion of the Cityiiphysical examination requirement.
Item 4. It was recommended to approve the hiring of Jeff Hill as a seasonal part-time skating pro.
Item 5. It was recommended to approve the.hiring of Kali Martin as a seasonal park attendant.
Item 6. It was recommended to approve ".hiring <i#:Rebecca Robertson as a temporary intern in the
Planning Division of the Community Dev pment p*e artment. (Councilmember Blomquist was
opposed to this item.)
Item B. Construction f Demolition Debrist'iceri9 'Oo6itl'ge1%&ing Systems, 829 West Central Avenu
St. Paul and Alpha Construction Services, 65801351h Street West, Apple Valley. It was recommended to
approve construction/ demolition debris hauler licenses for Coolidge Trucking Systems and Alpha
Construction Services as presented.
Item C. A Prove resolution calling for t
Health System. It was recommended to
variable rate demand notes for Allina H
Item D.
for a public hearing to consider
It was recommended to
approve the 7h and final payment of $18,254.-40:t&S110tW & Sons, Inc., for Contract 96-03 (Well No.
19 Pumping Facilities) and authorize acceptance for pei'pe a*::'�aintenance subject to warranty
provisions.
Item E. Final Subdivision - Springbrook Cornoration for Murphy Farm. It was recommended to approve
a Final Subdivision (Murphy Farm) consisting of 39 lots on approximately 35 acres located at 1655
Murphy Parkway, in the NW 1/4 of Section 21 subject to the conditions recommended by the APC.
Item F. Extension for recording the Final Si
was recommended to approve a request&'k-' ex
Subdivision for Safari at Eagan 3rd Addition until
Item G. Extension of Preliminary Subd
recommended to approve a request for
Pointe of Eagan (Outlot D - Phase II).
to filing and recording the approve Final
r 1, 1997.
in - OCP Homes Inc. It was
Preliminary Subdivision for Oak
It
Item H. AUrove hiring of ACC Architects - Eagan Civic Arena. It was recommended to approve the
hiring of ACC Architects, Paul Dahlberg for the Civl!; Arena - East Addition.
Item I. Resolution to
It was
recommended to approve, and authorize:3le$vlayor to sign;"a;�solution to accept the Mighty Ducks
Grant Funds for the construction of a second ice sheet and to iiesignate/authorize the Director of Parks
and Recreation to complete appropriate -d# kuments necessary: implement the project on behalf of the
City.
EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 5,1997
PAGE 4
Item J. Acce t tractor donation from Friends of thb Farm Holz Farm. It was recommended to accept the
donation of a Farmall H tractor from the Fa: wds of the Farm under the conditions outlined.
Item K. Revision - conditions of approval=?iiti-Cargo CUP. It was recommended to approve removal of
Condition #1 listed on the Conditional Use:$:t;>#dggSirsS,rage on property located at 3575
Highway 13 as directed by court order eav es:f . #dA #1 required that Outlot B, Mazdelann
Addition, be combined with Lot 1, Block Je:Mardelann Addition
Item L. ointment hearing officer, dgri eious do& design.tion animal residLnZ at 4358 Dunrovin
Lane. It was recommended to approve the appointment of a hearing officer to be designated by the City
Administrator for an administrative hearing on a dangerous dog designation for an animal at 4358
Dunrovin Lane.
Item M. Authorize reconvgyance of exce
recommended to authorize the City's acq
portions of Parcel 47A and 48 of MnDOT
Clerk to execute all related documents.
f-wgy, 35E and Deerwood Drive. It was
veyance of excess MnDOT right-of-way for
#1949 and authorize the Mayor and City
Item N. Pro'ect 723 receive feasibili re 'ort' iditrize'1jblii:'fiearin Southern Lakes - Trunk Ut
It was recommended to receive the feasibility report for Project 723 (Southern Lakes - Trunk Utility
Extensions) and schedule a public hearing to be held on September 2,1997.
Item O. Contract 97-16, receive plans/authorize ad
to approve the plans for Contract 97-16 (Slater Road
advertisement for a bid opening to be held at 10.$R:a
Item P. Vacate drainage & utifily easem A:
Verdant Acres . It was recommended to reoo
portions of Lots 3 & 4, Block 1, Verdant Acres,
1997.
It was recommended
eject 710B) and authorize the
August 29,1997.
vacate a drainage and utility easement over
k::public hearing to be held on September 2,
Item Q. Confirmation of Findines of Fact, Conclusions & Resolution of Denial Studio Plus Hotel/Onus
Northwest. It was recommended to confirm the Findings of Fact relating to the Preliminary Subdivision
for Opus Northwest consisting of two lots on approximately six acres and a Planned Development
Amendment to allow an 85 -room Studio Plus Hotel on Lot 9, Block 2, Eagan Promenade, located north of
Yankee Doodle Road and east of I -35E.
Item R. Confirmation of Findings of Facts. N nc
Ridge Third Addition. It was recommended to
Xx
Guide Plan Amendment changing the W.:#se
Development; a Preliminary Subdivisiori,ieoi:11s
Amendment allowing a 38 -unit hotel on ixK1 1
corner of Rahn Way and Rahncliff Road.
the Findings of Fact relating to a Comprehensive
dted Business to Commercial Planned
2.4 acres; and a Planned Development
e 2"d Addition, located at the southwest
Item S. Extension Cedar Cliff Planned Development condition of approval. It was recommended to
approve a one-year extension of time to comply, y4ffi:Ae.Planned Development signage agreement for the
Cedar Cliff Shopping Center located at the ppl< aS i iit Xcff Cliff and Nicols Roads, in the SE V4 of
Section 30.
Item T. Aplarove consultant services - QiRk in Dodd Park. It*:v s recommended to approve the use of
consultant services for Captain Dodd P4!q:phase 1 & 2 study:
Item U. Villaume Industries connection cage':: vas recommended to approve a settlement
agreement in the amount of $6,534 for storm sewer connection charges with Villaume Industries.
EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 5,1997
PAGE
Item V. Resolution supporting a Variance from MnDOT Spacing Standards for logo siogge on 35-E
South at Lone Oak Road. It was recommendgd to approve a resolution supporting a variance from
MnDOT spacing standards for logo signa02 .tits 35-E, south of Lone Oak Road as presented.
Item W. Project 702 k 703 reschedule final . T ;rutb 'c 3aring to September 2 1997 It was
recommended to reschedule the final August 19 to September 2,1997.
Item X. Contract 97-06, approve Change Qi0er #1 Qonald Ave. - Street Rehabilitation). It was
recommended to approve Change Order 3Mv:1 to Contract 97-06 (Project 714 Donald Avenue - Street
Rehabilitation) and authorize the Mayor and City Clerk to execute all related documents.
Item Y. Recommendation Economic Develol2ment Commission Amendment of Revolving Loan Fund
Guidelines, Application Deadlines. It wwrecommended to approve a recommendation by the Economic
Development Commission to amend the Cry's revoig loan fund guidelines to incorporate appropriate
applications deadlines.
Item Z.
It was
recommended to approve a Resolution aiitliarriziiig'Appiicafiott for the Livable Communities
Demonstration Program for the Eagan Central Area Project and to approve a Resolution authorizing
application for the Livable Communities Demonstration Program for the Eagan Cedarvale Revitalization
Project.
Councilmember Wachter moved, Councilmember 3 . seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
PUBLIC WORKS
City Administrator Hedges provided an overview on' Viii item. Councilmember Wachter stated
that the property owners can fix the slope of their private drive without the City's participation prior to
the gravel overlay. Councilmember Blomquist noted that the cross easement agreement is a private
agreement and the City should not be involved with that but it would be acceptable to move the `
mailboxes. Councilmember Wachter further stated that the City should not participate in any
improvements to the private access road un l"ss:QJ:parties a :to vacate the easement from Weston Hills
Drive to T.H. 3, then a limited amount of
Councilmember Wachter moved Lound
Public Works Committee's recommendat�oR that
mailboxes and, if granted by three pro :awp
to Betty Allen's property. Aye: 5 Nay: t
Allen's driveway would be acceptable.
Blomquist seconded a motion to accept the
request an easement vacation, relocation of
applied to a portion of the access road
Mayor Egan reaffirmed the Committee's position that the City is not responsible for any
perpetual maintenance, including snow removal or other street repairs to Ms. Allen's driveway.
:GS
PROJECT 68.2N...' TAL ASSESS NT HEARING
(DEERWOOD MWE UTTLTTIES"'pRANZ PARCEL)
City Administrator Hedges pro,01ded-mova . ni ft item. Director of Public Works Colbert
gave a staff report. He noted that one w3o0rived from the Thorson Cornwell
EAGAN CITY COUNCIL NM=G MINUTES; AUGUST 5,1997
PAGE
Company. He explained that the property owner was objecting because the assessment was not deleted
from the entire portion of the easement thathad been acquired.
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, e Awada seconded a motion to close the public
hearing and approve the reassessment of feI No. 016-58, Sec. 21, under Project 682 (Deerwood
Townhomes - Utility Extensions) and autl'ii3i"ize its certification to Dakota County acknowledging a
written objection submitted by the Thorson Cornwell Company. Aye: 5 Nay: 0
PROJECT 712, FINAL ASSESSMENT HEARING
(SURREY HTS. - STREETLIGHTS)
City Administrator Hedges proviai Oi an ov&-* ew on this item. Director of Public Works Colbert
gave a staff report.
Mayor Egan opened the public heiitg €a;ti?gI?e aiSi to speak. There being no one, he
turned the discussion back to the Council:
Councilmember Awada. moved, Councilmember Masin seconded a motion to close the public
hearing and approve the final assessment roll for Project 712 (Surrey Heights - Streetlights) and authorize
its certification to Dakota County. Aye: 5 Nay: 0
VACATE DRAINAGE. & : #i ' '3C -EASEMENT
(LOT 1,.BLOCK 1, G„;A',I, :PLAZA 2NDADDITION)
City Administrator Hedges provid.ed:a*:overvie*:6n this item. Director of Public Works Colbert
gave a staff report.
Mayor Egan opened the public hearing to anyone wi5hiiig to speak. There being no one, he
turned the discussion back to the Council.
Councilmember Awada moved, Councilmember Masin seconded a motion to close the public
hearing and approve the vacation of a drainage and utility easement as described over Lot 1, Block 1,
Galaxie Cliff Plaza 2nd Addition and authorizerr:Mayor and,Qty Clerk to execute all related documents.
Aye: 5 Nay: 0
EYV,B�iNESS
AUTHORIZATION, FEASIB :)~' l'.S LJF�!'fC ELIGI]D.XLTTY FOR TAX INCREMENT
FINANCING REDEVECOft CEDARVALE AREA
City Administrator Hedges provided an overview on this item. Assistant to the City
Administrator Hohenstein stated that the property owners are requesting a feasibility study be prepared
to determine what portion of the Cedarvale area is eligible for a tax increment financing redevelopment
district. He noted that Jennifer Hearon, Presidonf6 j�ie{ tuber of Commerce; Dan Sjolseth of Superior
Collision and Carstar; John Fitzgerald of C�Jale Ii#ai and Hugh Fitzgerald of Cedarvale
Bowling Center were in attendance.
Ms. Hearon recognized the busitess owners stating thdf:are making this effort and the Chamber
has been asked to provide administrati4;silpg0,.; •:::: •:•:::::::;::::
EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 5,1997
PAGE 7
Councilmember Blomquist asked if it would be possible to explore incorporating portions of the
roadways into a redevelopment in conjun - - with this request. Assistant to the City Administrator
Hohenstein said that it would be possibk:Jp"xplore actual redevelopment options after the completion of
the feasibility report He further said thaf*fii 'believed the state already turned back Cedarvale Boulevard
to the City.
Councilmember Masin added that tkiere has been a lot of interest in revitalizing this area. Mayor
Egan stated that it is important to create synergy in this area to try and create a destination area.
Councilmember Masin moved, Mayor Egan seconded a motion to approve staff authorization to
proceed with a feasibility study to determine whether a portion of the Cedarvale area would be eligible
for a tax increment financing redevelopment district under State Statute. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AIVIENDMJRNT - NUE AND TORGERSON 11, L.L.P.
(HIL'>f'M GAR > EN INN HOTEL)
City Administrator Hedges provided an ovekview on this item. Senior Planner Freese gave a staff
report
Paul Rieb representing the architect, discussed the proposed project Tom Torgerson, applicant,
explained the differences between the Hilton Garden Inn Hotel and the Marriott Courtyard. He added
that the Hilton Garden Inn will be a four-star hotel.
Councilmember Masin asked Mr. Torgerson if
Promenade for this hotel. Mr. Torgerson explained:#
Express and the Green Mill Restaurant, wh*)i:a�"
Councilmember Masin moved,
Development Amendment to allow a four story; �1
Addition located east of Rahn Road, on Rahn Cliff
subject to the following condition:
ktI.-Onsidered the site over by the
&'ihey chose the site near the Holiday Inn
his ownership.
i seconded a motion to approve a Planned
with liquor on Lot 1, Block 1, Rahnchff 3rd
Uf Cliff Road in the NW 1/l of Section 32
Execution of a Final Planned Development Agreement.
Aye: 5 Nay: 0
PLANNED DEVELOPMENTA � M]g¢ 4.i*—NMWEST BANK MINNESOTA
City Administrator Hedges provided an overview on this item. Senior Planner Freese gave a staff
report. A representative of the applicani.i4s avail#plo for questions.
Councilmember Wachter moves;.*14piquist seconded a motion to approve a
Planned Development Amendment to the Site Plan to allow construction of a second drive -up automatic
teller machine (ATM) at the existing Norwest Bank located on the northeast corner of Yankee Doodle
Road and Pilot Knob Road, 3390 Pilot Knob Road, legally described as Lot 1, Block 1, Norwest la
Addition, in the SW 1/+ of Section 10 subject to the following conditions:
1. The applicant shall enter ii.Wft" =#'taiiiie$ [ velopment Amendment Agreement with the
City.
2. The installation of the ssd ATM and wideg of the drive aisle shall comply with the
Site Plan dated July 1,hall have the same appearance.
EAGAN CITY COUNCIL MEETING MIIN111W; AUGUST 5,1997
PAGE 8
3. Additional landscaping shall be installed in the area of the pylon sign as described in the
staff report with the specific -elements
Aye: 5 Nay: 0
PLANNED DEVELOPMNIt#�iY7NTTED PROPERTIES
(SNYDER DRUG AT TH&"S LAKE CENTER)
City Administrator Hedges provrdeEl an overview on this item. Senior Planner Freese gave a staff
report.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Planned Development Amendment to the.§#e Plan to add a drive-through window for the Snyder Drug
pharmacy in Thomas Lake Center, located it 1565 CAff. Road, legally described as Lot 1, Block 1, Thomas
Lake Center, in the SW 1/i of Section 28 su# kt to the *lowing conditions:
1. The applicant shall enter 'ifito a Plariiieil Development Agreement with the City.
2. The applicant shall compiy wrtli'tiie gitie'Pli:dated June 26,1997, and shall install all
directional signage and pavement markings shown on the Site Plan.
3. Additional directional signage shall be installed to include "Do Not Enter" signs facing
south at the south Xpress Lube access and arrows on the pavement indicating
southbound only for that access.
4. Prior to the city releasing the•?}la?itiee'leiopment Agreement for recording, the
applicant shall provide wri#teit'documentaion from the owners of Lots 2, 3, 4, 5, and 6,
Block 1, Thomas Lake Ceftr,;tat.thep agi+ee to the proposed changes in circulation.
Aye: 5 Nay: 0
AUTHORIZATION, CITY CODE AMENDMENT - DANGEROUS DOG
ADMINISTRATIVE HEARINGS
City Administrator Hedges provided an overview on this item.
Councilmember Awada moved, CptfttLbQK�i4econded a motion to approve
authorization for preparation of a City Code amend6id*'to authorize the City Administrator to appoint
.::
an administrative hearing officer for darig&ous dog lt firings. Aye: 5 Nay: 0
CHAPTER TWO CITY CQ M.A MRNV IIrNT - _ISSUANCE OF CITATIONS
City Administrator Hedges provided an overview on this item
Councilmember Awada moved, Councilmember Masin seconded a motion to approve the City
Code Amendment which authorizes the City's Water Resources Coordinator to issue citations. Aye: 5
Nay: 0
�EGISLATiEItGOV_ ER AL =1AIRS
City Administrator Hedges comj(ended Mayor Egan�Vft the success of the NOISE Conference.
He noted that he and Mayor Egan attended the ;quaoir.ly.boa *.meeting of the MLC and said it was well -
attended. He further noted that the Cityt $jgrvle:e&t#,n with the MLC. Councilmember
Blomquist stated that she and Connie Mor'risoii'were the i'oiii tiers of the MLC. Mayor Egan said that if
EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 5, 1997
PAGE 9
Burnsville joins the MLC it may result in a decrease in the dues paid by the other member cities.
Councilmember Blomquist commented d1#0 the various committees the City of Eagan is involved with
are not serving the City's needs appropria the Council should consider dropping the membership.
Councilmember Blomquist suggested serfdffik the City of Burnsville a letter encouraging them to rejoin
the MLC.
Councilmember Blomquist moved .Councilmember Wachter seconded a motion to encourage the
City of Burnsville's consideration for me :' hip in the MLC. Aye: 5 Nay: 0
FD71- W
OAK 14UT COOPERATIVE SUPPRESSION PROGRAM
City Administrator Hedges
Councilmember Masin moved, (
acceptance of the 1997 Minnesota Oak W
in grant funds to be matched by the City
wilt. Aye: 5 Nay: 0
an ovft.v2ew on this item.
Blomquist seconded a motion to approve
Suppression Program in an amount up to $6,908
4:14 r the control and suppression of oak
LtOUNDTABLE
Councilmember Wachter asked Councilmember Masin why the City of Prior Lake is concerned
that the MVTA should further indemnify the JPA cities. .9406finember Masin explained that the City of
Prior Lake was involved in a lawsuit. She added AM..t1**,-Ah:ivil1 be contacting them regarding that
lawsuit. Councilmember Wachter com7" 161reemployment rate in Dakota County.
Councilmember Masin noted that t1kgJe.`�psk-t
. . , 'ure passed a bill that states City Councilmembers
can participate in meetings via interactive telev6-fW..:.t-ff -'..Administrator Hedges commented that
y
Councilmembers can participate and take action at teractive television as long as they are
visible to the viewing audience.
Councilmember Masin said that there was a presentation on heliports and vertiports at the
NOISE Conference and she asked if the City should be looking into that possibility as part of the future
transportation amenities. Mayor Egan suggested that consideration should possibly be given to
preserving a location for this sort of amenity
Councilmember Masin said she &*Sikrvin
9
Committee and they are currently addressing the f
growth. She requested that if members 0 -.the City
addressed they should let her know.
"County of the Future" Conference Steering
ng issues: infrastructure and the population
it have other topics they feel should be
Councilmember Masin noted that the Dakota County Fair is began this week.
Councilmember Blomquist asked if the City Council would be getting copies of the breakdown of
the Wallace Group's media activities. City Admirg4trAtor Hedges explained that the only media activity
undertaken by the Wallace Group since the .Fz
for copies of their activity is in regard to
will continue to get copies showing the
the Country Joe litigation. He added that. e
breakdown of the Wallace Group's m
Councilmember Blomquist comi�ented on the definitid"K of the word shall as used in the City
Code. She said that the definition of sh0.-fiyWrb$t
pp!s-D2*M*p raises some doubt regarding the
strength of the ordinance language. She:A* iatV.�vozds in the Code should be identified to
..a!* ........ba..
ft*;,O�
determine if they convey the appropriate definition.
EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 5, 1997
PAGE 10
Vcit icicsT
Councilmember Blomquist reservw;�e right to comment on the bill's list. Councilmember
Wachter raised one question on the bill's hAi- `
Councilmember Wachter moved, It+yo#t motion to approve the check register
dated July 31,1997 in the amount of $3,757,667:68. Aye: •5` May: 0
The meeting adjourned at 7.55 p.m.
Date
City Clerk
If you need these minutes in an alternative forrik si i j}: t (j ri ':grin le, audio tape, etc., please contact the City of
Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 651-4600, (TDD phone: (612) 454-8535).
MLK
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: AUGUST 15,1997
SUBJECT: AGENDA INFORMATION FOR AUGUST 19, 1997 CITY
COUNCIL MEETING
ADOPT AGENDA/APPROVE MINU'T'ES
After approval is given to the August 19, 1997 City Council agenda and the minutes of
the August 5, 1997 regular City Council meeting, the following items are in order for
consideration.
Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
DEPARTMENT HEAD BUSINESS
A. BOULEVARD TREES
ACTION TO BE CONSIDERED:
If the Council agrees with staffs findings, direct staff and the City Attorney's office to
make the appropriate City Ordinance modification that would assess the property owner
for the cost of trimming or removal of boulevard trees. Further, that staff adopts a
practice of notifying the affected homeowner of identified problems before taking
corrective action based on a standard for interpreting the problem.
FACTS:
The Public Works Committee met on August 5 for the purpose of reviewing and
recommending a policy relative to boulevard trees. Attached is a memo that outlines
the issues presented to the Committee.
• The Public Works Committee recommended that the City ordinance be changed as
was recommended by the City Attorney's office.
• The Committee recommended that the City adopt a policy that in instances when a
resident has expressed a concern regarding a visual obstruction created by a planting
within the boulevard, that the Public Works Department determine if a visual
obstruction, impacting traffic, exists. The determination would require that a standard
be developed by the Public Works Department that could be used.
If the tree is deemed to be an obstruction, the City Forester would examine the
planting(s) and make a recommendation for corrective action. The property owner
would be notified by mail and be given an opportunity to correct the problem.
Corrective action may include relocation, trimming or removal.
■ If the property owner does not take corrective action, within a specified period of
time, or at the request of the owner, the City would proceed with the work either
through existing maintenance staff or contractual services.
■ Costs would be assessed to the property owner.
ATTACHMENTS:
• Memo attached on pages through
city of eagan
TO: TOM HEDGES, CITY ADMINISTRATOR
HONORABLE MAYOR AND CITY COUNCIL
FROM: IGEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: JULY 23, 1997
RE: BOULEVARD TREE MANAGEMENT
MEMO
ISSUE:
Staff is seeking specific direction as it relates to the City code pertaining to boulevard trees and
their care/removal.
Several recent factors have encouraged staff to examine the management of trees and other
plant material growing within street right-of-way areas. These factors include a request from a
resident who is concerned about driveway sight line obstructions caused by a neighbor's spruce
tree. More generally, a recent boulevard tree inventory performed by staff has revealed very
interesting statistics about the amount and type of vegetation now located within the "utility
easement" area adjacent to the public street right-of-way.
An actual case in point Is being presented to help understand why this review is necessary at
this point in time:
REQUEST FROM RESIDENT:
Staff received a customer request from Mrs. )ill Stenzel, 1666 Mallard Drive, on May 31,
1996. )ill was concerned about the obstruction of sight lines that was created by the presence
of three spruce trees planted within the ROW area by her neighbor to the west; 1670 Mallard
Drive. The trees are all white spruce trees approximately 15 feet in height, currently about six
feet in width, and are located within ten feet of the curb. The Tree Inspector, Mark Rehder,
responded to this request on June 5, 1996, by inspecting the site and requesting that Mr. Jim
Vaughn, 1670 Mallard Drive, trim the spruce trees to improve sight lines. Mrs. Stenzel has
also taken the direct approach with the neighbor who, she states, is not willing to comply with
her request to significantly trim or remove the tree. During the summer a small amount of
trimming was done on these trees by both Mr. Vaughn and staff. A follow-up request was
received from Mrs. Stenzel on December 10, 1996, stating that the problem was not
sufficiently corrected and that she still was not satisfied. Supervisor of Forestry Gregg Hove
called her on December 13, and then personally visited with her at her residence on December
16. Because of the significant amount of snow around the base of the tree at that time, it was
hard to determine how much pruning had taken place. It appeared, however, that the trees in
question still presented a visual obstruction. Mrs. Stenzel was informed that staff would
research further solutions to this problem.
19
STAFF RESEARCH
The City Code
The Eagan City code addresses the issue of trees in the boulevard in Section 7.08, "Regulation
of Grass, Weeds, Trees", and "Landscaping". Pertinent subdivisions are:
Subd.1.D.3. "trees ... must be at least 10 feet from the back of the curb in an urban
section ..."
Subd.1.D.4. "Trees ... shall not be planted or maintained on public or private
property in such a manner as to obscure or Impede the visual sight lines... "
Subd.4. "Every owner of property abutting City street rights-of-way shall ...
maintain ... all living trees..."
Subd.5. "City may order work done"
Subd.6. "Assessment"
Appropriate City staff from Parks and Recreation and Public Works have met with the City
Attorney's office to review the issue of removal of tress and who has the authority and the
responsibility for remedial action in instances such as this. Should it be the homeowner or the
City?
The City Attorney's office has determined that the boulevard/right-of-way area Is private
property, owned by the lot owner, but that the City has the right to utilize this area (sometimes
up to 23 feet from curb to end of easement) as needed to ensure public safety and welfare.
However, the City Code, which requires the homeowner to be responsible for tree trimming or
removal is invalid. The City can ask the homeowner but it cannot require them to maintain the
boulevard trees even though they may have planted them without authorization or knowledge
of the City. The City does have the authority to do pruning or tree removal.
Staffs Inventory of boulevard trees reveals the following:
• There are 15,600 trees currently located within 15 feet of curb.
• 24% (3,700) of all boulevard trees are spruce trees and there are 1,234 spruce trees
within 10 feet of the curb, where their growth is likely to impact visual sight lines.
Again, if the City removes or prunes the trees, the costs associated with that removal/pruning
can be assessed against the property
Past Boulevard Tree Trimming Activities
City tree trimming activities to date have primarily consisted of removing "hazardous" or
obstruction trees. For example, in the Cedar Grove Addition, a number of large trees have
branches hanging over the street which may interfere with snow plowing trucks that have their
boxes up for sanding.
In the fall of 1991 staff identified 760 boulevard trees that needed to be trimmed. Seventy
letters were sent to property owners requesting that this maintenance be performed. There
was 50% compliance.
During November of 1992, 700 notices were sent to property owners requesting that
maintenance be performed. There was 59% compliance.
During December of 1992, a survey was done of 12 area cities regarding boulevard tree
maintenance. All 12 said they dosome type of tree pruning and 9 perform boulevard tree
trimming, either by parks, forestry, or street personnel. None of the cities assessed the work to
property owners. Funding for maintenance was provided through the general fund from either
streets or parks. Some cities stated that they now don't allow boulevard tree planting. Some
used to require property owners to perform maintenance but now do It as a City function.
FOR COUNCIL CONSIDERATION
• Mr. Dougherty suggested that Subd.4, which requires the homeowner to do tree
pruning/removal, be removed from the City ordinances.
A proposed solution was that the City should be responsible to see that maintenance is
performed. First by asking the property owner to do the work, but if there is no
compliance, the City should then perform the maintenance using staff or a contractor. The
cost would then be assessed to the property owner. The point is that the City would have
the responsibility to see that the problem is resolved, not the property owner.
• It was also suggested that Subd.5 and 6 be clarified to make the City's position clear
regarding assessments.
COUNCIL REVIEW OF HOMEOWNER'S COMPLAINT:
Relative to the complaint from the homeowner whose vision Is obstructed as she backs out of
her driveway, if the Council adopts the position that the City will take action to resolve this,
and other similar problems, it would be appropriate to develop a uniform standard that staff
can use.
It would also be appropriate to develop a systematic approach of notification to the
affected property owner, i.e.:
1. Adopt "standards" that pertain to visual sight lines and physical clearances required.
2. City staff should apply standards to solve situations as they arise (Street Dept.).
3. Develop a form letter to be sent as notification of action needed to the affected
property owner (Forestry staff make recommendation as to type of action needed,
i.e., trim, raise crown, transplant, remove).
4. If no action taken by property owner, send second letter.
5. If no action is taken on second notice, the City would contract the work to be done
and assess the property owner. (Set fee; time/material/equipment/contract work)
6. What would be the appeal process?
7. Allocate funds for seasonal work program in operating budgets.
ALTERNATIVE FOR CONSIDERATION
• The Council could take the approach that unless the tree is a public obstruction to the
normal flow of traffic on public streets, as opposed to private driveways, that the
problem is between neighbors, and should not involve the City.
• Respond on a complaint basis only.
PUBLIC EDUCATION PROGRAM
Critical to the solution of this boulevard tree situation is the education of the public on
what dilemmas can and do arise when trees are located in inappropriate areas. This
education can occur in many forms; personal and telephone conversations, newsletter or
newspaper articles, presentations through Parks and Recreation classes, brochures and
pamphlets, or by providing actual examples of appropriate landscaping methods. To
reduce the occurrence of future problems, or even to correct present problems, the
practice of continued public education should probably be expanded.
Agenda Information Memo
August 19,1997 Eagan City Council Meeting
rONSENT 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. Seasonal Equipment Maintenance Worker
ACTION TO BE CONSIDERED:
To approve the hiring of John VanDiver as a seasonal equipment maintenance worker.
Item 2. Part -Time Seasonal Supervisor/Civic Arena
ACTION TO BE CONSIDERED:
To approve the hiring of Steve Dykstra as a part-time seasonal supervisor at the Civic
Arena.
Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
B. EXEMPTI.ON FROM LAWFUL GAMBLING LICENSE,
EAGAN CHAPTER OF DUCKS UNLIMITED
ACTION TO BE CONSIDERED:
To approve an exemption from the lawful gambling license requirement for the Eagan
Chapter of Ducks Unlimited for a raffle to be held in conjunction with their annual event
on September 16, 1997.
FACTS:
■ Staff is in receipt of an application from Clinton Jacoby on behalf of the Eagan
Chapter of Ducks Unlimited for the above -referenced exemption due to the group's
non-profit status. The application has been reviewed by staff in the Police
Department and is in order for consideration by the City Council.
ATTACHMENTS:
• Resolution on page L.
• Application enclosed without page number.
RESOLUTION
CITY OF EAGAN
APPLICATION FOR EXEMPTION FROM
LAWFUL GAMBLILNG LICENSE
WHEREAS, Ducks Unlimited - Eagan Chapter has applied for an exemption from
Lawful Gambling License; and
WHEREAS, the Eagan Police Department has reviewed the application and has not
identified any reason to deny;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approves the Exemption from Lawful Gambling License for Ducks
Unlimited - Eagan Chapter.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19'
day of August, 1997.
E. J. VanOverbeke, City Clerk
Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
C. KERN, DEWENTER, VIERE, LTD., ENGAGEMENT LETTER FOR
AUDITING SERVICES — YEAR ENDING DECEMBER 31.1997
ACTION TO BE CONSIDERED:
To approve the engagement letter for Kern, DeWenter, Viere, Ltd., to provide auditing services
for the year ended December 31, 1997.
FACTS:
➢ The City exercised the RFP process in November and December of 1995 and selected Kern
DeWenter, Viere, Ltd., as independent auditors for the three (3) year period covering 1995,
1996 and 1997.
➢ Kern, DeWenter, Viere, Ltd., has prepared an engagement letter for 1997 at the same terms
previously outlined in their response to the RFP.
➢ The cost for the year will be $26,400, compared to $25,800 for the 1996 audit.
➢ A copy of the proposed engagement letter will be made available if any member of the City
Council would like to review it.
Agenda Information Memo
August 19, 1997
ACTION TO BE CONSIDERED: To receive the final assessment roll for Project 700 (TH 3
Service Road & Hall Street — Utilities) and schedule a public hearing to be held on September
16, 1997.
FACTS:
■ Project 700 was approved by Council action as a result of a public hearing held on May 7,
1996, and provided for the installation of sanitary sewer, watermain and related services to
the property along the Highway 3 Service Drive and Hall Street right-of-way.
+ This project has now been completed, all costs tabulated and the final assessment roll
prepared. This roll is being presented to the City Council for their consideration of
scheduling a public hearing to formally present the final cost to the affected property owners
prior to certification to the County for collection.
+ The final assessments are approximately 16% less than the estimate contained in the
feasibility report presented at the public hearing.
(0
Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
E. RECOMMENDATION AIRPORT RELATIONS COMMISSION
METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL
REPRESENTATION
ACTION TO BE CONSIDERED:
To approve a recommendation by the Airport Relations Commission ratifying comments
concerning possible changes in the representation on the Metropolitan Aircraft Sound
Abatement Council (MASAC).
FACTS:
• The Metropolitan Airports Commission's noise advisory body, MASAC, is a free-
standing organization with its own constitution and by-laws. MASAC is considering
modifications in its public representation to take into account changes which have
occurred over the past 20 years in the dominant flight patterns at the airport.
Because the City of Eagan receives a substantial portion of this additional impact,
comments have been prepared for MASAC consideration providing support for
additional representation by the City of Eagan.
• The issue will move forward to MASAC at a future meeting. It has been heard by the
MASAC Executive Committee on August 14. To meet the timelines for that initial
meeting, staff prepared comments based on previous policy positions and submitted it
to MASAC in advance of the Executive Committee meeting.
• At its meeting of August 12, the Airport Relations Commission reviewed the
comments and recommended to the Council that they be ratified as presented. This
additional action is appropriate to formalize the City's position as the issue moves
forward for full MASAC consideration.
• If the Council wishes to modify the position in any way, this item should be pulled
for discussion and any modification can be communicated to the full MASAC Board
when the issue comes forward.
ATTACHMENTS:
0 Comment letter on pages _j-lhrough�l
pity oFcagan
Thank you very much for the opportunity to comment on the potential change in
MASAC community representation. The City of Eagan is extremely supportive of
modifying the proportional make-up of the MASAC membership because of the
changes in runway use that have become necessary due to post -deregulation
growth and the population growth of our community. At the time that MASAC
was formed, traffic levels permitted substantially greater use of Runway 4/22 and
the corridor and Eagan was a township of approximately 10,000 people.
As was noted in the MASAC Executive Committee minutes, the parallel runways
today handle a significant majority of all operations. This places hundreds of
aircraft over communities at the ends of those runways each day, while Runway
4/22 sees limited use. This is especially so because the Runway 4/22 extension
is not being used for traffic redistribution as had been anticipated originally.
Meanwhile, Eagan has grown to 60,000 residents. While Eagan has been
fortunate in being able to plan its residential development in areas farther from
the airport, the growth of airport traffic has impacted these areas dramatically.
Further, the expansion of the airport contemplates a new north -south runway
which will increase frequency and lower the altitude of operations over southern
and western Eagan.
As to specific comments pertaining to the analysis for a potential change in
membership:
• While population exposure to noise impacts is the obvious, primary criteria of
analysis, the contribution of the City of Eagan in providing an area of noise -
compatible land -uses should be considered in the analysis of community
representation so that Eagan is not penalized for its foresight and
responsibility. Otherwise, the City would have been better off from the
perspective of representation to have developed residential uses at the
runway ends. By extension, communities which have encouraged noise -
sensitive land uses within known noise -impact areas should not be rewarded.
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN. MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX: (612) 681-4612
TDD: (612) 454-8535
THE LONE OAK TREE
THE SYMBOL. OF STRENGTH. AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
MAINTENANCE FACILITY
35CI COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-430
FAX: (612) 681-4360
TDD: (612) 454-8535
THOMAS EGAN
July 28, 1997
Mayor
PATRICIA AWADA
BEA BLOMQUIST
SANDRA A. MAST N
Metropolitan Aircraft Sound Abatement Council
THEODORE WACHTER
Attn: Melissa Scovronski
CoLrnci! Me-oers
604028th Avenue South
THOMAS HEDGES
Minneapolis, MN 55450
City Administrator
E. J VAN OVERBEKE
Dear Chair Johnson:
City Cerk
Thank you very much for the opportunity to comment on the potential change in
MASAC community representation. The City of Eagan is extremely supportive of
modifying the proportional make-up of the MASAC membership because of the
changes in runway use that have become necessary due to post -deregulation
growth and the population growth of our community. At the time that MASAC
was formed, traffic levels permitted substantially greater use of Runway 4/22 and
the corridor and Eagan was a township of approximately 10,000 people.
As was noted in the MASAC Executive Committee minutes, the parallel runways
today handle a significant majority of all operations. This places hundreds of
aircraft over communities at the ends of those runways each day, while Runway
4/22 sees limited use. This is especially so because the Runway 4/22 extension
is not being used for traffic redistribution as had been anticipated originally.
Meanwhile, Eagan has grown to 60,000 residents. While Eagan has been
fortunate in being able to plan its residential development in areas farther from
the airport, the growth of airport traffic has impacted these areas dramatically.
Further, the expansion of the airport contemplates a new north -south runway
which will increase frequency and lower the altitude of operations over southern
and western Eagan.
As to specific comments pertaining to the analysis for a potential change in
membership:
• While population exposure to noise impacts is the obvious, primary criteria of
analysis, the contribution of the City of Eagan in providing an area of noise -
compatible land -uses should be considered in the analysis of community
representation so that Eagan is not penalized for its foresight and
responsibility. Otherwise, the City would have been better off from the
perspective of representation to have developed residential uses at the
runway ends. By extension, communities which have encouraged noise -
sensitive land uses within known noise -impact areas should not be rewarded.
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN. MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX: (612) 681-4612
TDD: (612) 454-8535
THE LONE OAK TREE
THE SYMBOL. OF STRENGTH. AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
MAINTENANCE FACILITY
35CI COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-430
FAX: (612) 681-4360
TDD: (612) 454-8535
4 A proposal that provides for roughly proportional representation northwest
and southeast of the airport is reasonable.
• A proposal that recognizes the minimal use of the cross -wind runway is also
reasonable, unless the lengthened runway is used for redistribution of
operations as was originally intended. Unless that occurs, the analysis
should recognize that the area southwest of the airport currently has
representation roughly proportional with the parallel runway ends, with
substantially less noise exposure.
• Since MASAC is intended to contribute input to the planning process for the
MAC and a new north -south runway is the intended expansion alternative, a
proposal that anticipates additional traffic in east Bloomington, south and west
Eagan and north Burnsville should be considered.
• A proposal that recognizes that most destinations from MSP are southeast,
south and southwest of the airport and over fly Eagan which is south and
southeast of the airport, regardless of which runways are in use, is
reasonable.
• While reallocation of the existing number of community representatives
eliminates the need to consider expansion of the number of user
representatives, the analysis should not be limited to the current number if a
slight increase in overall membership would achieve a better proportioned
representation of the communities. By the same analysis as is being applied
to the communities, it may not be unreasonable to add another representative
from the airport's home-based carrier, Northwest Airlines.
Thank you again for the opportunity to comment in this regard. Please feel free
to call me if you have questions about any of these comments.
Sincerely,
Jon Hohenstein
Assistant to the City Administrator
Cc: Tom Hedges, City Administrator
Jon White, Airport Relations Commission Chair
(3
Agenda Information Item
August 19,1997 Eagan City Council Meeting
F. FINAL PLAT - EAGNDALE CENTER INDUSTRIAL PARK #13
(LEXINGTON COMMERCE CENTER) - OPUS NORTHWEST
ACTION TO BE CONSIDERED:
1. To approve or deny a Final Plat (Eagandale Center Industrial Park No. 13) for of 1 lot
on 6.69 acres located south of Lone Oak Road, east of Lexington Avenue in the N -W
1/4 of Section 11,
FACTS:
> The development contracts and financial guarantees have been reviewed and are in
order.
ATTACHMENTS: (1)
Final Plat page -X
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Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
G. RECOMMENDATION, AIRPORT RELATIONS COMMISSION.
REQUEST FOR CURRENT AND PROJECTED NOISE LEVEL COMPARISONS
FOR NORTH SOUTH RUNWAY PUBLIC INFORMATION
ACTION TO BE CONSIDERED:
To approve a recommendation by the Airport Relations Commission to formally request
that MAC provide a map depicting current noise levels out to the 50 DNL contour for
purposes of comparison with the 50 DNL contours previously generated for the north
south runway addition.
FACTS:
• At its meeting of August 12, the Airport Relations Commission discussed the need for
comparative information to respond to public information requests regarding the
north south runway.
As media attention focuses on activities in anticipation of this runway's construction,
Eagan residents, prospective homebuyers and the real estate community are raising
questions about the actual effect of the runway. Since the Commission recognizes
that it is not possible to describe noise without permitting individuals to experience it
for themselves, the purpose of such a map would be to suggest locations currently
impacted by operations at levels comparable to those projected for particular Western
Eagan locations.
As a part of the mitigation committee activities, the MAC has prepared noise level
projections out to the 50 DNL contour for the airport configuration once the north
south runway is in place. This permits airport and city staff to identify a projected
noise level for a particular location in Burnsville, Eagan or Apple Valley. The
purpose of the request is to get a comparable current contour which will permit
interested persons to locate and experience comparable noise levels today.
• It should be noted that while new noise impacts will be present in Western and
Southern Eagan as a consequence of the runway, it is projected that those levels will
predominantly be in the 50 to 60 DNL range.
(4
Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
H. RESIGNATION, APC - KURT AUGUSTIN
ACTION TO BE CONSIDERED:
Accept resignation of Kurt Augustin, alternate member, from the Advisory Planning
Commission and make a determination regarding filling the vacancy.
FACTS:
A letter was received on August 13 from Kurt Augustin resigning from the Advisory
Planning Commission.
Mr. Augustin's term expires January, 1998.
As the Council has considered in the past, staff is recommending that the remaining
candidates for advisory commissions, and others who have expressed an interest
previously, be contacted by staff to determine their interest in serving as an alternate
on the Advisory Parks Commission. If no response is received from the pool of
candidates, the position will be advertised in the local media.
ATTACHMENTS:
! Letter of resignation attached on page.
FROM: Kurt D. Augustin
3906 Turquoise Pt.
Eagan, MN 55122
TO: Mayor of Eagan, Mr. Thomas Egan
City Council
DATE: August 12`s, 1997
SUBJECT: Resignation from the Advisory Planning Commission
Dear Mayor,
Due to my many time-consuming commitments such as graduate school,
family activities and work, I am not able to devote the necessary amount of
time to the Eagan Advisory Planning Commission. I air, therefore
submitting my resignation to the Advisory Planning Commission effective
immediately.
I would like to thank you and the City Council for giving me the
opportunity to serve the City of Eagan and become actively involved in
shaping its future. Hopefully, when my schedule permits, I can be
considered for another appointment to a Commission in the City of Eagan.
It has been a pleasure to work with the high caliber of professionals on the
Advisory Planning Commission and the Community Development
Department at the City of Eagan. Again, thanks for the opportunity.
Sincerely,
Kurt D. Augustin
cc: Carla Heyl, Chair, Eagan Advisory Planning Commission
Lisa Freese, Senior Planner, Eagan Community Development Dept.
Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
I. RESIGNATIONAPrC - GUY KOHLNHOFER
ACTION TO BE CONSIDERED:
Accept resignation of Guy Kohlnhofer from the Advisory Parks Commission and make a
determination regarding filling the vacancy.
FACTS:
• Mr. Kohlnhofer informed Director of Parks & Recreation Vraa that he is resigning
from the Advisory Parks Commission due to a job change and relocation to another
city.
• Mr. Kohlnhofer's term expires January, 2000.
Steven Knutson is currently the alternate on the commission with a term expiring
January 1998.
! As the Council has considered in the past, staff is recommending that the current
alternate be promoted to the regular Commission position and that the remaining
candidates for advisory commissions be contacted by staff to determine their interest
in serving as an alternate on the Advisory Parks Commission. If no response is
received from the pool of candidates, the position will be advertised in the local
media.
Agenda Information Memo
August 19, 1997
ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 721,
Mulcahy Addition (Sanitary Sewer).
FACTS:
On May 19,1997, in response to a petition submitted by the developer of the proposed
Mulcahy Addition (located immediately east of Tesseract School), the City Council
authorized the preparation of a feasibility report and simultaneous preparation of detailed
plans and specifications based on the petitioner's guarantee of costs incurred.
On July 15, the City Council received the feasibility report and scheduled a public hearing
for August 19 to formally present and discuss the merits of this project. John Gorder, the
City's Development/Design Engineer, will present the details associated with this proposed
public improvement at the public hearing.
All notices were published in the legal newspaper and sent to all potentially affected property
owners informing them of this public hearing.
ISSUES:
• The extension of this sanitary sewer lateral is necessary to allow the ultimate development of
Parcel 011-02 of Section 19 (proposed Mulcahy Addition). The developer has requested that
the City participate in the cost to make sanitary sewer available to this property. A
preliminary preproject appraisal/analysis has indicated that the property will increase in value
and subsequently benefit in the amount of the proposed cost of this public improvement.
Subsequently, no City participation has been proposed.
• Even if the proposed Mulcahy Addition does not proceed to fruition, it is recommended that
this public improvement still proceed so that this parcel will be ready for development
options without having to go through another public improvement process.
ATTACHMENTS:
• Feasibility report, pages through
City of Eagan
Report for
Mulcahy Addition
Sanitary Sewer
Improvements
City Project No. 721
Eagan, Minnesota
July 1997
a(
Dear Mayor and Council:
Attached is our report for the Mulcahy Addition Sanitary Sewer Improvements. The
proposed improvements are presented and discussed within the report, along with a
detailed cost estimate and a preliminary assessment roll.
City staff will be pleased to meet with the Council at your convenience to review and
discuss the contents of this report.
Sincerely,
John P. Gorder
Development/Design Engineer
Reviewed by:
epartment
Reviewed by:
Finance
Date: q I
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX: (612) 681-4612
TDD: (612) 454-8535
I hereby certify that this report was prepared
by me or under my direct supervision and
that I am a duly Registered Professional
Engineer under the laws of the State of
Minnesota.
John P. Gorder
s A- L u. 1997 Reg. No. 22813
l lic Works
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affir ive Action Employer 0-1
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
TDD: (612) 454-8535
THOMAS EGAN
July 15, 1997
Mayor
PATRICIA AWADA
BEA BLOMQUIST
Honorable Mayor and City Council
SANDRA A. MASIN
City of Eagan
THEODORE WACHTER
Council Members
3830 Pilot Knob Road
THOMAS HEDGES
Eagan, MN 55122
City Administrator
E. J. VAN OVERBEKE
Re: Mulcahy Addition
City Clerk
Sanitary Sewer Improvements
Project No. 721
Dear Mayor and Council:
Attached is our report for the Mulcahy Addition Sanitary Sewer Improvements. The
proposed improvements are presented and discussed within the report, along with a
detailed cost estimate and a preliminary assessment roll.
City staff will be pleased to meet with the Council at your convenience to review and
discuss the contents of this report.
Sincerely,
John P. Gorder
Development/Design Engineer
Reviewed by:
epartment
Reviewed by:
Finance
Date: q I
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX: (612) 681-4612
TDD: (612) 454-8535
I hereby certify that this report was prepared
by me or under my direct supervision and
that I am a duly Registered Professional
Engineer under the laws of the State of
Minnesota.
John P. Gorder
s A- L u. 1997 Reg. No. 22813
l lic Works
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affir ive Action Employer 0-1
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
TDD: (612) 454-8535
MULCAHY ADDITION
SANITARY SEWER IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 721
TABLE OF CONTENTS
LETTER OF TRANSMITTAL
TABLE OF CONTENTS
SCOPE
FIGURE 1 - LOCATION PLAN
FEASIBILITY AND RECOMMENDATION
DISCUSSION
EASEMENTS AND PERMITS
COST ESTIMATE
AREA TO BE INCLUDED
ASSESSMENTS
REVENUE SOURCES
PROJECT SCHEDULE
APPENDIX A - PRELIMINARY COST ESTIMATE
APPENDIX B - PRELIMINARY ASSESSMENT ROLL
FIGURE 2 - SANITARY SEWER AND ASSESSMENT
a �
Page No.
1
2
el
J
3
4
4
4
4
5
5
5
REPORT FOR
MULCAHY ADDITION
SANITARY SEWER IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 721
OP
The area of the proposed industrial development on Parcel 011-02, Section 19(Propsed
Lotl, Block 1 Mulcahy Addition), is located in western Eagan adjacent to and south of
Silver Bell Road north of T.H. 13, as shown on Figure 1.
Parcel 011-02(Lot 1, Block 1 Mulcahy Addition) is located at the upper limits of the
sanitary sewer drainage district identified as District W -C in the City Comprehensive
Sewer Policy plan(1988). No provisions were made for the extension of sanitary sewer to
serve this property with the previous development of the remainder of this drainage
district area.
The improvements proposed herein include sanitary sewer within Silver Bell Road right-
of-way to serve the Mulcahy Addition. The sanitary sewer extension is being considered
at this time based on a petition submitted from the property owner/developer of Parcel
011-02(Lot 1, Block 1 Mulcahy Addition).
FEASIBILITY AND RECOMMENDATION
The project is necessary to provide sanitary sewer service to Parcel 011-02.
The project is feasible from an engineering standpoint and is in accordance with the
objectives established in the City Comprehensive Sewer Policy Plan.
The project is cost-effective in that it allows Parcel 011-02 to it highest potential with
gravity -flow sanitary sewer service.
It is recommended that the sanitary sewer be constructed as proposed in this report and
combined with the Murphy Farm Water Main Project, City Project No. 722 as one
contract to achieve the economies of scale usually associated with larger contracts.
�RIv�R
MZNN�S��P
PROJECT LOCATION
11
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Q
YANKEE DOODLE ROAD
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6/17/97 Fig. 1
LOMAP721.DWG
MULCAHY ADDITIDN
SALARY SEWER IMPROVEMENTS
Vis- CITY OF EAGAN PROJECT No, 721
DISCUSSION
This project provides for extending an 8" diameter sanitary sewer within the Silver Bell
Road right-of-way from an existing sanitary sewer line approximately 550 feet northeast
of the Mulcahy Addition southwest to the north property line of the development. The
sanitary sewer alignment is located in the south boulevard area of Silver Bell Road to
avoid disruption of the street surface, as shown on Figure 2. Restoration includes
sodding, tree transplanting, concrete sidewalk and driveway apron reconstruction.
Water main service for this development is provided by existing an existing 12" water
main within Silver Bell Road which is readily available for connection by the Mulcahy
Addition. Therefore, no water main improvements are proposed with this project.
EASEMENTS AND PERMITS
The sanitary sewer extension is proposed to be located entirely within the existing 80 feet
of public right-of-way for Silver Bell Road plus the 10 -foot wide drainage and utility
easement adjacent to Silver Bell Road dedicated with the Dallas Development I"
Addition platted in 1986, as shown on Figure 2. Therefore, no additional utility or
construction easements are anticipated.
Permits are required from the MN Department of Health, the MN Pollution Control
Agency, and the Metropolitan Council -Environmental Services.
COST ESTIMATE
A detailed cost estimate for Project 721 is presented in Appendix A. The total estimated
project cost is $76,870. This cost includes 5% for contingencies and 30% for indirect
costs which include administrative, engineering, interest, and legal expenses.
I aWAMIJUI.
Construction Area
Lot 1, Block 1 Dallas Development I" Addition
Assessment Area
Parcel 011-02(Lot 1, Block 1, Mulcahy Addition)
ASSESSMENTS
An assessment is proposed to be levied against the benefited property, Parcel 011-02(Lot
1, Block 1 Mulcahy Addition) based on the final project costs. Although this sewer
extension is adjacent to other property, it will provide no additional service, hence no
other assessments are proposed beyond the benefited property. A pre -project preliminary
appraisal indicates the value benefit that can be expected by Parcel 011-02 is equal to the
project costs for the extension. The estimated assessment associated with the sanitary
sewer extension will be revised based on final project costs. The assessment may be
spread over a 15 -year period while the interest rate will be determined at time of the
assessment hearing based on the bond sale used to finance this improvement. A
preliminary assessment roll is included in Appendix B located in the back of this report.
REVENUE SOURCES/ PREPROJECT APPRAISALS
Project Cost Revenue Balance
Sanitary Sewer $76,870 $76,870 $0
The above revenue amount is based on the pre -project appraisal for the value benefit that
can be expected by Parcel 011-02 with the sanitary sewer extension.
PROJECT SCHEDULE
Present Feasibility Report
July 15, 1997
Public Hearing / Approve Plans & Specifications
August 19, 1997
Open Bids / Award Contract
September 16, 1997
Substantial Completion
October 1997
Assessment Hearing
Spring 1998
First Payment Due with Real Estate Taxes
May 1999
APPENDIX A
PRELIMINARY COST ESTIMATE
MULCAHY ADDITION
SANITARY SEWER IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 721
180
SY
Remove bituminous pavement @ $3/ SY
$540
100
LF
Sawcut bituminous pavement @ $3.50/ LF
350
115
LF
Remove concrete curb & gutter @ $5.50/LF
635
280
SY
Remove concrete walk @ $13/ SY
3,640
115
LF
B618 concrete curb & gutter @ $10/ LF
1,150
50
SY
Concrete entrance apron @ $35/ SY
1,750
2500
SF
4" concrete sidewalk @ $3/ SF
7,500
370
LF
8" PVC, SDR 35 sanitary sewer @ $30/ LF
11,100
180
LF
8" PVC, SDR 26 sanitary sewer @ $35/ LF
6,300
4
EA
Standard manhole w/ casting @ $1,300/ EA
5,200
1
EA
Connect to ex. MH @ $2,200/ EA
2,200
30
LF
Manhole depth over 8' @ $80/ LF
2,400
2300
SY
Sod w/ topsoil @ $3.50/ SY
8,050
1
LS
Traffic control @ $3,000
3,000
5
EA
Transplant tree @ $500/ EA
2.500
Subtotal
$56,315
+ 5% Contingencies
2,815
Subtotal
$59,130
+ 30% Indirect Cost
17,74 0
Total
$76,870
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
MULCAHY ADDITION
SANITARY SEWER EXTENSION
PROJECT NO. 721
Parcel Description
Total Assessment
Section 19 - Parcel 011-02 (Lot 1, Blk 1 Mulcahy Addition) $76,870
1
3
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c. 1 1
I 1
1 ;
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1
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41� i
SILVER BELL ROAD '
011-02
MULCAHY ADDITION
' C Lot 1, Block 1 )
1
1
PR❑J721.DWG
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""EXIST. 12'` RCR� `/ •
SANITARY SEWER\
P EMENT \•,
DEv�L�
DALLAS. �DDITION
PROPOSED 8'
SANITARY SEWER
`-� EXIST. 12'DIP ----
WATERMAIN
�l \� --- ---- - ----- -----=TY -EASyr-__
_-uTIL---------�......r...........W....................r..��..
1.---1 V
0 200
6-24-97
Fig. 2
LCAHY ADDITION
SANITARY SEUR EXTENSION PROJECT No. 721
�: CITY OF EAGAN
�
1
i'
PROPOSED 8'
SANITARY SEWER
`-� EXIST. 12'DIP ----
WATERMAIN
�l \� --- ---- - ----- -----=TY -EASyr-__
_-uTIL---------�......r...........W....................r..��..
1.---1 V
0 200
6-24-97
Fig. 2
LCAHY ADDITION
SANITARY SEUR EXTENSION PROJECT No. 721
�: CITY OF EAGAN
Agenda Information Memo
August 19, 1997
ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 722,
Murphy Parkway (Watermain).
FACTS:
With the preliminary subdivision approval of the Murphy Farms Addition by Council action
on May 19, 1997, the City staff determined that it would be timely to complete the watermain
loop from the Blackhawk Ponds Addition southerly along Murphy Parkway to Deerwood
Drive. Subsequently, in response to a staff request, the City Council authorized the
preparation of a feasibility report and simultaneous preparation of detailed plans and
specifications for this public improvement.
On July 15, the feasibility report was presented to the City Council and a public hearing
scheduled for August 19 to formally present and discuss the merits of this improvement. The
City's Development/Design Engineer, John Gorder, will present the details associated with
this project at the public hearing.
All notices have been published in the legal newspaper and sent to all potentially affected
property owners. As of this date, staff has not received any objections to the proposed public
improvement.
ATTACHMENTS:
* Feasibility report, pages ,3Z through��
City of Eagan
Report for
Murphy Parkway
Water Main
Improvements
City Project No. 722
Eagan, Minnesota
July 1997
5a'
July 15, 1997
THOMAS EGAN
Mayor
Honorable Mayor and City Council
PATRICIA AWADA
BEA BLOMQUIST
City of Eagan
SANDRA A. MASIN
3830 Pilot Knob Road
THEODORE WACHTER
Council Members
Eagan, MN 55122
THOMAS HEDGES
City Administrator
Re: Murphy Parkway
E. J. VAN OVERBEKE
Water Main Improvements
City Clerk
Project No. 722
Dear Mayor and Council:
Attached is our report for the Murphy Parkway Water Main Improvements. The
proposed improvements are presented and discussed within the report, along with a
detailed cost estimate and a preliminary assessment roll.
City staff will be pleased to meet with the Council at your convenience to review and
discuss the contents of this report.
Sincerely,
John P. Gorder
Development/Design Engineer
Reviewed by
Reviewed by
I hereby certify that this report was prepared
by me or under my direct supervision and
that I am a duly Registered Professional
Engineer under the laws of the State of
Minnesota.
Date: L ' 71- CI
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX: (612) 681-4612
TDD: (612) 454-8535
/ j� fi i /2
John P. Gorder
July 15, 1997 Reg. No. 22813
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
TDD. (612) 454-8535
MURPHY PARKWAY
WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 722
TABLE OF CONTENTS
LETTER OF TRANSMITTAL
TABLE OF CONTENTS
SCOPE
FIGURE 1 - LOCATION PLAN
FEASIBILITY AND RECOMMENDATION
DISCUSSION
EASEMENTS AND PERMITS
COST ESTIMATE
AREA TO BE INCLUDED
ASSESSMENTS
REVENUE SOURCES
PROJECT SCHEDULE
APPENDIX A - PRELIMINARY COST ESTIMATE
APPENDIX B - PRELIMINARY ASSESSMENT ROLL
FIGURE 2 - WATER MAIN AND ASSESSMENT MAP
3�
2
3
3
4
4
4
5
5
5
6
REPORT FOR
MURPHY PARKWAY
WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 722
SCOPE
This project provides for the extension of water main to serve future development of Lot
19, Block 2, Murphy Farm Addition and Parcel 010-29 (Section 21), and to provide a
vital loop in the City water main distribution system.
The area of the proposed project is located in central Eagan north of Deerwood Drive and
west of I -35E, as shown on Figure 1.
The improvements proposed herein include water main within Murphy Parkway right-of-
way. With the Murphy Farm Addition development, it is timely to extend the water main
to create a looped system which will provide water distribution from two directions for
the long dead-end water main(approximately 2,400 feet in length) currently within
Blackhawk Ponds Addition.
FEASIBILITY AND RECOMMENDATION
The project is necessary to provide a looped water distribution system for the Murphy
Farm Addition and the existing Blackhawk Pond Addition and to provide direct lateral
service to 2 adjacent parcels.
The project is feasible from an engineering standpoint and is in accordance with the
objectives established in the City Comprehensive Water Supply and Distribution Plan.
The project is cost-effective in that it provides direct water main service for development
and connection on Lots 19, Block 2, Murphy Farm Addition and Parcel 010-29, thereby
increasing the those property values.
It is recommended that the water main be constructed as proposed in this report and
combined with the Mulcahy Addition Sanitary Sewer Improvement Project, City Project
No. 721, as one contract for the economies that can be expected with a larger contract.
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DISCUSSION
This project provides for the southerly extension of an 8" diameter water main within the
Murphy Parkway right-of-way from an existing water main line at the northeastern
property line of the Murphy Farm Addition with the Blackhawk Ponds Addition. This
water main will be constructed to the southwest to the proposed Donegal Way street
intersection with Murphy Parkway, as shown on Figure 2, and will serve future
development of Lot 19, Block Murphy Addition and Parcel 010-29 of Section 21.
Lot 20, Block 1 Murphy Addition will be provided with water main service through a
looped stub from Donegal Way within the Murphy Farm Addition development.
The right-of-way for the area of the proposed construction on Murphy Parkway was
acquired by MnDOT as part of I -35E construction and subsequently turned back to the
City of Eagan. The water main alignment is mainly located in the boulevard area of
Murphy Parkway to avoid major disruption of the street surface. Restoration includes
sodding, seeding and street trench removal and replacement. Two open -cut street
crossings across Murphy Parkway will be necessary to construct the water main as
proposed.
The Murphy Farm Addition development will extend the water main from the Donegal
Way intersection to existing water main stubbed from Riverton Avenue within the Cedar
Grove No. 8 Addition, also as shown on Figure 2. This will provide adequate looping of
water main in the area. The water main on Donegal Way within the Murphy Farm
Addition development will be constructed privately.
I- __ I ' _s IT
The trunk water main extension is proposed within the existing public right-of-way for
Murphy Parkway, as shown on Figure 2. This existing right-of-way is of sufficient size
in which to construct the proposed water main and no additional easements are necessary.
A permit is required from the MN Department of Health.
COST ESTIMATE
A detailed cost estimate for Project 722 is presented in Appendix A. The total estimated
project cost is $50,000. This cost includes 5% for contingencies and 30% for indirect
costs which include administrative, engineering, interest, and legal expenses.
AREA TO BE INCLUDED
Murphy Farm _Addition
Lot 19, Block 2
Section 21
Parcel 010-29
ASSESSMENTS
The proposed water main is lateral. Assessments are proposed to be levied against the
benefited property in accordance with the City's assessment policy for utility construction.
Because this water main improvement provides such an important loop in the City's water
distribution system, it is proposed to assess 50% of the project costs equally to the
benefiting properties on a per lot basis with the remaining 50% costs the responsibility of
the City Trunk Water Main Fund.
The lateral assessment rate per parcel is determined by dividing 50% of the estimated
project cost by the two benefiting properties (Parcel 010-29 and Lot 19, Block 2 —
Murphy Farm Addition). Estimated assessments associated with the water main extension
will be revised based on the final project costs. The assessment may be spread over a 15 -
year period, while the interest rate will be determined at the time of the assessment hearing
based on the bond sale used to finance this improvement. A preliminary assessment roll is
included in Appendix B located in the back of this report.
REVENUE SOURCES
PProiect Cost Revenue Balance
Lateral Water Main $50,000
Lateral Assessment
$25,000
Total Balance $50,000 $25,000 $25,000
The anticipated project deficit is $25,000, which will be the responsibility of the Trunk
Water Main Fund.
3q
PROJECT SCHEDULE
Present Feasibility Report
Public Hearing / Approve Plans & Specifications
Open Bids / Award Contract
Substantial Completion
Assessment Hearing
First Payment Due with Real Estate Taxes
July 15, 1997
August 19, 1997
September 16, 1997
October 1997
Spring/ Summer 1998
May 1999
APPENDIX A
PRELIMINARY COST ESTIMATE
MURPHY PARKWAY
WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 722
1020
LF
8" DIP, CL. 52 Water main @ $20/ LF
$20,400
10
LF
6" DIP, CL. 52 Water main @ $20/LF
200
2
EA
8" Gate valve & box @ $700/ EA
1,400
1
EA
Connect to ex. water main @ $1,000/ EA
1,000
1270
L3
Fittings @ $2/ LB
2,540
1
LI:
Clear & grub @ $500/ LS
500
60
LF
Remove cont. Curb & gutter @ $5/ LF
300
110
Sy
Remove ex. bituminous pavement @ $3/ SY
330
120
LF
Sawcut bituminous pavement @ $3/LF
360
45
LF
B618 Conc. Curb & gutter @ $12/ LF
540
40
TN
Class 5 Agg. @ $10/ TN
400
15
TN
Bit. Base course @ $30/ TN
450
10
TN
Bit. Wear course @ $32/ TN
320
1
TN
Bit. Material for mixture @ $200/ TN
200
310
SY
Sod w/ 4" topsoil @ $3.50/ SY
1,090
0.5
AC
Seed w/ mulch & fertilizer @ $2,500/ AC
1,250
1
LS
Traffic control @ $4,000/ LS
4,000
Subtotal
$36,630
+ 5% Contingencies
L830
Subtotal
$38,460
+ 30% Indirect Costs
11.540
Total
$50,000
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
MURPHY PARKWAY
WATER MAIN EXTENSION
PROJECT NO. 722
Assessable Assess./
Parcel Description Parcels Parcel Total Assessment
Murphy Farm Addition
Lot 19, Block 2 1 $12,500 $12,500
Section 21
Parcel 010-29 1 512.500 S12,50
Total 2 $25,000
IIILJ
�URpHY
Kel
LEGEND
® ASSESSABLE PARCEL
SCALE 1 V = 300'
7-6-97
Hl\Impro722 Fig. 2
MU HY PARKWAY WATERMAIN IMPROVEMENTS
`a A
CITY OF EAGAN SSESSMENT MAP PROJECT No, 722
Agenda Information Memo
August 19,1997, Eagan City Council
C. VARIANCE — REM -METRO SERVICES INC.
ACTION TO BE CONSIDERED:
To approve or deny a two -foot Variance for fence height to allow an eight -foot fence in a
residential district at 3820 Alder Lane, legally described as Lot 1, Block 10, Langhoven, in
the NW'/ of Section 20.
FACTS:
The site is located south of Silver Bell Road just east of Beau de Rue Drive and contains a
single-family home and garage. An existing six-foot wood fence encloses the rear yard.
This site is a licensed group home housing three developmentally disabled teenagers. To
provide greater protection for the residents and discourage them from leaving the premises
without supervision, REM -Metro proposes to replace the six-foot fence with an eight -foot
fence.
ATTACHMENTS: (, /
Staff Report, pages � through l
Letter from REM -Metro, page/0
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: August 12, 1997
APPLICANT: REM Metro Services, Inc.
PROPERTY OWNER: REM -Metro Services, Inc.
REQUEST: Variance - Fence Height
LOCATION: 3820 Alder Lane
CASE: 20-V-9-8-97
HEARING DATE: August 19, 1997
PREPARED BY: Pamela Dudziak
COMPREHENSIVE PLAN: D -III, Mixed Residential (6-12 units/acre)
ZONING: R-1, Single Family Residential
SUMMARY OF REQUEST
REM -Metro Services, Inc. is requesting a two -foot fence height Variance to allow construction
of an eight -foot fence at 3820 Alder Lane, legally described as Lot 1, Block 10, Langhoven, in
the NW'/4 of Section 20.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a
variance and impose conditions and safeguards therein if:
The Council shall determine that the special conditions applying to the structures or land in
question are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which said land is located, and that the
granting of the application is necessary for the applicant.
2. The granting of the proposed variance will not be contrary to the intent of this Chapter and
the Comprehensive Guide Plan.
3. That granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
CODE REQUIREMENTS
The City Code restricts fences in residential districts to no more than six feet in height.
�k
BACKGROUND/HISTORY
REM -Metro Services, Inc. is a company that provides services for adults and children with
developmental disabilities in residential settings. The home at 3820 Alder Lane is licensed by
Dakota County and REM -Metro has operated this facility for about four years. The site on Alder
Lane currently services three adolescent males with developmental disabilities.
EXISTING CONDITIONS
The site is located south of Silver Bell Road just east of Beau de Rue Drive. Surrounding
properties to the north, west and south contain single-family residences; to the east across Alder
Lane is an apartment building. The property contains a single-family home and a garage. There
is an existing six-foot alternating board wood fence enclosing the rear yard.
EVALUATION OF REQUEST
REM -Metro has experienced occasions when residents have climbed the existing fence and left
the property without supervision. Therefore, REM -Metro is proposing to increase the height of
the fence from six feet to eight feet. The exterior of the fence would be an alternating board
design, while the interior would be a solid design, eliminating the toe -hold and making it more
difficult to climb. The additional height and solid construction on the interior of the fence would
provide greater protection for the residents, and discourage them from leaving the premises
without supervision.
APPLICANT'S ESTIMATE OF HARDSHIP
The applicant has submitted a brief letter explaining their organization and variance request.
SUMMARY/CONCLUSION
Although an eight foot fence is unusual in a residential district, this home is somewhat unique in
that it is a licensed group home and the developmentally disabled residents of this home have
special needs. The additional fence height is requested to provide greater protection and safety
for the residents.
ACTION TO BE CONSIDERED
To approve or deny a two -foot fence height Variance to allow construction of an eight -foot
wood fence. If approved, the following conditions should apply:
1. The applicant shall obtain a building permit prior to installing the new fence.
2. The fence shall be constructed in compliance with the site plan and design specifications
submitted with the variance application.
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98/07/1997 09:20 6868703 REMMETRO RAMSEr PAGE 02
REM -Ramsey. Inc.
REM -Metro Services, Inc.
750 South Plaza Drive Suite 208
Mendota Heights. MN 55120
(612) 686.9410
Fax: (612) 686.8703
Minnesota
To: Pam Dudziac
From: Tena Buell, REM -Metro Services, Inc.
Re: REM -Metro Services Inc./REM-Alder
Variance for extending fence at 3820 Alder Lane
REM -Metro Services, Inc. is a company that provides services for adults and children with
developmental disabilities in residential settings. REM -Metro has several homes throughout
Dakota, Scott, and Washington Counties. REM -Metro is a sub -company of REM Inc. which has
provided services for adults and children with developmental disabilities and mental illness for
over 30 years, nation-wide, currently in ihirteen different states.
Specifically, the REM home on Alder lane services three adolescent mates with developmental
disabilities. The varience is the request to extend the fence that encloses the backyard from six
feet high to eight feet high to discourage the residents in the home from leaving the property
without supervision.
Apt l+yurp! fJJpJ, a /pppul !i„p J�1,� ter
Agenda Information Memo
August 19, 1997
OLD RUST L S
ACTION TO BE CONSIDERED: To approve the plans for Contract 97-15 (Mulcahy
Addition & Murphy Parkway — Utilities) and authorize the competitive advertisement for a bid
opening to be held at 10:30 a.m., on September 12, 1997.
FACTS:
• To achieve the economies of scale, Project 721 (Mulcahy Addition — Sanitary Sewer) and
Project 722 (Murphy Parkway— Watermain) were combined under one contract.
• These plans are being presented to the City Council for their consideration of authorizing the
solicitation of competitive bids.
ISSUES:
• Approval of this contract should be contingent upon the closure and approval of both Project
721 (Mulcahy Addition) and Project 722 (Murphy Parkway) earlier under the Public Hearing
portion of the agenda. If one or both projects are not approved as a result of this public
hearing process, the action proposed for this agenda item should be modified accordingly.
S/
Agenda Information Memo
August 19,1997 Eagan City Council Meeting
B.
ACTION TO BE CONSIDERED:
> To approve or deny a revised Preliminary Subdivision (Eagan Promenade 3ra Addition)
consisting of one lot located on the south side of Northwood Drive in the SE quarter of
Section 10.
FACTS:
> The applicant (Opus) initially submitted a request for a Preliminary Subdivision (Eagan
Promenade 3ra Addition) in conjunction with a Planned Development Amendment to
allow construction of both a hotel and retail development on property currently platted as
Lot 9, Block 2, Eagan Promenade.
> The City Council denied both the Preliminary Subdivision (Eagan Promenade 3
Addition) and Planned Development Amendment at their meeting on July 15, 1997.
> Opus is now requesting reconsideration of a revised preliminary subdivision for Eagan
Promenade 3rd Addition. The revised preliminary subdivision consists of one lot. The
purpose of the subdivision is to separate this lot from the property to the east (part of Lot
9, Block 2, Eagan Promenade), which contains wetlands and ponding areas, so that it may
be combined with the property to the south (Lot 8, Block 2, Eagan Promenade)
containing the main shopping center.
ISSUES:
> Opus is requesting approval of a Final Subdivision concurrently with this Preliminary
Subdivision. Staff notes that a Final Subdivision for this property has never been applied
for and therefore, staff has not completed the final technical review or preparation of a
development contract if necessary.
BACKGROUND/ATTACHMENTS :
> Initial plat drawing, page
> Revised plat drawing, page J
> Letter from Michele Foster 4'Ops) dated 8/7/97, page
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AUG.13.1997 10:41AM SUNDE LAND SURVEYING
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OPUS.
August 7, 1997
Opus Northwest, LLC.
700 Opus Center
9900 Bren Road East
Minnetonka, Minnesota 55343-9600
612-936-4600
Mayor Tom Egan and
Members of the City Council
c/o Mike Ridley
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55112
Dear Mike:
Mailing Address
P0. Box 59110
Minneapolis, Minnesota 55459-0110
Fax 612-936.4529
Opus Northwest requests a reconsideration of the preliminary plat submitted as Eagan
Promenade 3rd Addition. While this preliminary plat was prepared in conjunction with the
Planned Development Amendment for the StudioPlus Hotel, it is also necessary for the
division of the ponding and wetland areas from the existing lot so they can be combined
with the main in-line center. We have revised Eagan Promenade 3rd Addition to reflect
only one lot and block, which is consistent with the currently existing development plan. If
this plat is approved it will allow us to combine the ponding and wetland areas with the in-
line center with no impact on the remainder lot or the preliminary development plan.
Since this plat is being done for technical reasons only and has no other implications, I
would request that the preliminary plat be reconsidered and approved. If it would be
possible to approve the final plat at the same time since there will be no changes from the
preliminary to the final plat, I would appreciate consideration of that request as well. I have
enclosed copies of the revised plat.
Sincerely, _
Michele Foster
Senior Director
Real Estate Development
Enclosures
S��'
Opus Northwest, L.L.C. is an affiliate of the Opus group of companies—Architects, Contractors, Developers
Atlanta, Chicago, Columbus, Dallas. Denver, Ft. Lauderdale. Milwaukee, Minneapolis, Orlando, Pensacola, Phoenix, Sacramento, San Francisco, Seattle, Tampa, Washington D.C.
Agenda Information Item
August 19,1997 Eagan City Council Meeting
NEW BUSINESS
A. REZONING & PRELIMINARY SUBDIVISION - VERDANT HILLS
KENNETH & JANE GREENE
ACTIONS TO BE CONSIDERED:
1. To approve or deny a Rezoning of 5.92 acres from A (Agriculture) to R-1 (Single
Family)
located east of Wescott Hills Drive, west of Woodland Court in the NE 1/4 of Section 14.
2. To approve or deny a Preliminary Subdivision for Verdant Hills consisting of 12 lots on
9.2 acres located east of Wescott Hills Drive, west of Woodland Court in the NE 1/4 of
Section 14.
FACTS:
A public hearing was held by the Advisory Planning Commission at its regular meeting on
June 24, 1997 where it recommended approval of the Rezoning, and Preliminary
Subdivision subject to the 13 conditions listed in the planning report.
ISSUES:
Mr. Green is requesting that he not be required to extend a 16" water main to the west
edge of the subdivision (Wescott hills Drive).
The City Water Supply and Distribution Plan (1996) identifies the extension of the 16"
water main to Wescott Hills Drive. Wescott Hills Drive is proposed to be upgraded in
1999.
ATTACHMENTS: (3)
June 24, 1997 APC Minutes page9-.uA'6- rough
�e.
Staff Report pages - throu
Letter from Kenneth Greene page
Paue 6
July _-, 1997
ADVISORY PLANNING COMMISSION
REZONING & PRELIMINARY SUBDIVISION
KENNETH AND JANE GREENE
Commission Chair Heyl opened the next public hearing of the evening regarding a
Rezoning of 5.93 acres from Agriculture to R-1 single family and a Preliminary
Subdivision (Verdant Hills) consisting of 12 lots on 9.2 acres located west of Woodland
Court and East of Wescott Hills Drive in the NEI/4 of Section 14.
Planner Tyree introduced this item. Ms. Tyree highlighted the information
presented in City staff s planning report dated July 16, 1997. Ms. Tyree noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
The applicant, Ken Greene of 3582 Woodland Court was available for questions.
A representative of the applicant, Roger Anderson, Engineer, stated that he was
satisfied with the report and the recommendations but he presented some issues before
the APC. Mr. Anderson noted that the developer did do part of the trunk extension of the
watermain with the first plat and stated that the rest would be relatively expensive. Mr.
Anderson also stated that they had provided an easement to be used to expand the
watermain but did not build it that way and now have a new plan to -bring it to the street
where it belongs; had they expanded the 100 feet of the watermain in the wrong location
it would be running under people's homes in the new plan. Mr. Anderson stated that the
developer would like to provide a route for the staffs recommendation but asked that they
be allowed to wait on putting it in until the APC knows what kind of plat is going in on
the remaining land. In his second issue, Mr. Anderson suggested that Lot 5 remain a
parcel with a home and that it be left in the APC's control. The third issue was in
reference to the storm sewer assessment, which was about $20,000.00 and he questioned
why other joiners were not assessed at the same time.
Commission Chair Heyl clarified that the developer was stating they would like to
extend the watermain through Lot 7 and then grant an easement through Lot 5. The
applicant stated that they do not want Lot 5 considered as an outlot.
Tony McGuire, a resident to the south of Lot 5, stated his concern regarding storm
nuloff, sewage and also access to Lot 6. Ms. Tyree stated that access is only to Lot 5 and
this development should not produce extra storm runoff or sewage problems.
Rachel Thorpe -Neuman, 3450 Wescott Hills Drive whose father o,,N,-iis the corner 5
acre piece, was concerned about the grading to Lots 7 and 8. The applicant responded
that they were not proposing grading on anything outside of the proposed lots and they
planned to disturb as little as passible.
57
Pace .
July -_. 1997
ADVISORY PLANNING COtvUVIISSION
In reference to Mr. McGuire's question about the storm water, Design Engineer
John Gorder stated that the area was designed as a storm water basin. With the upgrade of
Wescott Hills Drive this development will not add much to the drainage.
In response to Commission Chair Heyl's question as to what type of control the
City has over grading of individual lots, Mr. Gorder stated that it can be controlled at the
time the building permit is issued.
In response to Commission Chair Heyl's question as to why the City wants Lot 5
in this subdivision, Ms. Tyree stated that if it is not incorporated in this subdivision it
would be zoned agricultural of less than five acres, which does not meet the minimum
requirements.
After considerable discussion between the applicant and the APC regarding the
need for a 16 -inch trunk watermain to be extended to Wescott Hills Drive at the west
edge of Lot 5, Commission Chair Heyl suggested that before the City Council staff
prepares a report describing the need to have that connection now versus in 1999 when
Wescott will go under reconstruction and also when the City has deviated from the policy
of extending a watermain through developments.
Member Burdorf stated that he would like to recommend to the City that the
watermain should go to the end of the lot line and then a 16 -inch easement should be
provided if the City will not be losing anything. Mr. Greene stated that he was convinced
that if the watermain was put in where it is plotted now, it will be torn up for future
development.
Member Miller moved, Member Bakken seconded, a motion to recommend
approval of a Rezoning of 5.93 acres from Agriculture to R-1 single family residential.
All voted in favor.
Member Miller moved, Member Bakken seconded, a motion to recommend
approval of a Preliminary Subdivision (Verdant Hills) consisting of 12 lots on 9.2 acres
located west of Woodland Court and East of Wescott Hills Drive in the NE%4 of Section
14, subject to the following conditions:
In further discussion, Member Miller noted that in regard to Condition No. 5 he
was less than certain but would like to keep it in for more facts to be presented to the City
recommend Burdoif noted that he would like to put in a strong consideration for the
Council to recommend waiting to put the watermain through to Wescott Hills Drive.
S�
Paue 3
July _", 1997
ADVISORY PLANNING CONIIviISSION
Member Frank stated that he would like to amend Condition No. 5 to read that "an
easement" be provided for 16 -inch trunk watermain to be extended to Wescott Hills Drive
and also noted that this issue would be resolved between the staff and the developer prior
to Council. Member Miller accepted the amendment to Condition No. 5 with his motion.
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as
adopted by Council on February 3, 1993:
Al, BI, B2, Bi-, B4, Cl, C2, C31) Dl, El, Fl, GI, and HI.
2. The subdivision shall be platted.
Airport Noise
3. Architectural designs and construction methods for new construction within the
development will incorporate sound attenuation standards sufficient to achieve an interior
sound Ievel of 45 dBA. This would require an inside noise level reduction of at least 20
dBA.
4. A notice shall be recorded on the deed for each lot and/or condominium unit
indicating that it is in the Metropolitan Council Aircraft Noise Zone IV.
Utilities
5. The 16 -inch trunk water main shall be extended to Wescott Hills Drive at the west
edge of Lot 5, Block 1 as part of this development as identified in the City Water Supply
and Distribution Plan.
Easements
6. The drainage and utility easements dedicated with the previous platting of this
property, with the exception of the existing ponding easement on Lots 1, 2, and 3, shall
be vacated at time of final subdivision approval.
Park Dedication
7. The developer shall be responsible for a cash parks dedication.
8. The developer shall be responsible for a cash trails dedication.
S�
Page 9
July 22, 1997 _
ADVISORY PLANNING COMMISSION
Tree Preservation
9. Individual Lot Tree Preservation Plans will be required for Lots 2 through 12 at
the time of building permit application.
10. 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 during both initial site
development and individual lot development.
11. 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.
Water Quality
12. The developer shall be subject to a cash dedication in lieu of on-site ponding for
water quality mitigation. The amount of the cash dedication shall be based on the total
area and development density of the site, less the area of the existing developed lot (Lot
1).
13. Filling or draining of the jurisdictional wetland along the southern border of the
site is prohibited
All voted in favor.
(_Q0
REPORT DATE: July 16, 1997
APPLICANT: Kenneth Greene
PLANNING REPORT
CITY OF EAGAN
CASE: 17 -PP -14-5-97
HEARING DATE: July 22, 1997
PROPERTY OWNER: Kenneth Greene & Donald Hesse PREPARED BY: Shannon Tyree
REQUEST: Rezoning and Preliminary Subdivision - Verdant Hills
LOCATION: Part of Lots 1 & 3, Wescott Garden Lots, and Lot 3 Verdant Acres
COMPREHENSIVE PLAN: D-1, Single Family Residential
ZONING: A - Agriculture and R-1 - Single Family
SUMMARY OF REOUEST
Ken Greene is requesting a Rezoning of 5.93 acres from Agriculture to R-1 single family and a
Preliminary Subdivision (Verdant Hills) consisting of 12 lots on 9.2 acres located west of
Woodland Court and East of Wescott Hills Drive in the NE 1/4 of Section 14.
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 the development.
E. That the design of the subdivision or the proposed improvements is not likely to cause
environmental damage.
(9I
Planning Report - Verdant Hills
July 22, 1997
Page 2
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 Gun Club Lake Watershed
Management Organization" which document is properly approved and filed with the office
of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said
document and all of the notations, references and other information contained therein shall
have the same force and effect as if fully set down herein and is hereby made a part of this
Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall
be the responsibility of the City Clerk to maintain the Water Quality Management Plan and
make the same available to the public.
BACKGROUND/HISTORY
The proposed subdivision incorporates Phase II of the Verdant Acres subdivision platted in 1994
and portions of lots 1 & 3, Wescott Garden Lots, which was platted in 1989.
EXISTING CONDITIONS
The site has considerable topographic and natural features, characterized by rolling hills and mature
trees. There are several existing buildings located on the proposed development site, and the
applicant has proposed to keep his own house on Lot 1, which has been designed so that it may be
further subdivided in the future.
Planning Report - Verdant Hills
July 22, 1997
Page 3
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Wescott Garden Lots; zoned A; guided D -I.
South - The Woodlands 4" Addition single family residential; zoned R-1; guided D -I.
East - The Woodlands 0 Addition single family residential; zoned R-1; guided D -I.
West - Carriage Hills Golf Course; zoned P; guided PF.
EVALUATION OF RE UEST
Rezoning:
The proposed subdivision incorporates parcels from two different subdivisions: Wescott Garden
Lots, zoned Agriculture, and Verdant Acres, zoned R-1, Single Family. The applicant is proposing
to rezone 5.93 acres of portions of two lots in the Wescott Garden Lots and incorporating that into
the subdivision. Verdant Acres was rezoned in 1994 from Agriculture to R-1, Single Family.
The proposed rezoning is consistent with the Comprehensive Land Use Guide Plan designation of
D -I, single family (0-3 units per acre).
Preliminary Subdivision:
Lots - The applicant is proposing all lots to meet the area requirements. The lots range in size from
15,566 s' 'f to 128,502 s.f. The average lot size is 31,450 s.f. The lots have been designed in a way
to take advantage of the slopes allowing most of the custom graded homesites to be walkouts.
Setbacks - Lot 3, (20,227 s.f.) has 37' of public right of way frontage and does not meet the
minimum 50' frontage on public right of way. Lot 4 (23,160 s.f.) has been designed as a "stove
pipe" lot with a 120' driveway from the end of the cul-de-sac. It has approximately 20' of frontage
on Woodland Court. Lot 6,(21,964 s.f.) has approximately 30' of frontage on Woodland Court and
does not meet the 85' width at the 30' front -yard setback requirement. The three lots exceed all
other R-1 lot standard requirements.
These lots require variances to the R-1 standards, however all of the lots are large enough to
accommodate development and have been designed with the site characteristics in mind
preservation of natural features have been taken into consideration.
Densi - As proposed, the12 lots on 9.29 acres results in a density of 1.29 units per acre.
Gradin IWetlands - The preliminary grading plan is acceptable. The site is wooded with varying
topography. The proposed cul-de-sac grade is approximately 30 to 40 feet in elevation above Lot
5, Block 1 at the west edge of the site.
le 3
Planning Report - Verdant Hills
July 22, 1997
Page 4
The developer is proposing to grade the cul-de-sac street right-of-way only, with custom grading
of the individual lots at the time of their respective building permits. The street right-of-way
slopes to the east while the individual lots generally slope away from the proposed street.
Storm Sewer/Water Quali- The preliminary storm drainage plan is acceptable. Storm sewer to
accommodate the runoff from this development was constructed within the Woodlands 4t'
Addition. This storm sewer drains to Pond JP -14 to the east.
Utilities - The preliminary utility plan is not acceptable. Sanitary sewer is readily available for
connection and extension at the east edge of the site.
The City Water Supply and Distribution Plan (1996) identifies the extension of a 16 -inch trunk
water main from the east edge of the development to Wescott Hills Drive along the west edge of
the development. This trunk water main extension will ultimately connect to the future trunk
water main within Wescott Hills Drive and is an important link to provide sufficient water
distribution to the area. The preliminary utility plan does not show this extension to the west
edge of Lot 5, Block 1 adjacent to Wescott Hills Drive, rather it shows the extension to the lot
line between Lots 5 and 6, Block 1. The 16 -inch trunk water main should be extended to
Wescott Hills Drive as part of this development.
Streets/Access/Circulation - Public street access for Lots 1-4 and 6-12, Block 1 is proposed from
the extension of Woodland Court, a 28 -foot wide cul-de-sac which intersects with Woodland
Trail. The 400 -foot street extension with this development would bring the total cul-de-sac
length to approximately 900 feet, which is a 400 -foot variance to the City Code maximum of 500
feet.
Lot 5 will continue to take access from Wescott Hills Drive.
Easements/Permits/RiL,ht-of-Wa r: Because the existing drainage and utility easements do not
cover any existing or proposed utilities they should be vacated at the time of final subdivision.
Tree Preservation - The tree preservation plan is acceptable. The inventory indicates that existing
vegetation consists of 323 significant trees. The significant trees are primarily oak trees (with a
variety of other species including ash, elm, maple, pine and spruce) ranging in diameter from 6"
to 32".
Site preparation during the initial phase of this development will result in the removal of 6
significant trees (2.3% of the total). The applicant has indicated to staff that this is a "worst
case" scenario, and that the possibility exists to preserve at least three of the trees proposed to be
removed during initial site development.
Parks and Recreation - The Advisory Parks, Recreation and Natural Resources Commission
(APrQ at its July 14, 1997 meeting recommended a cash park and trail dedication.
Planning Report - Verdant Hills
July 22, 1997
Page 5
A' . ort Noise Considerations - The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current
location, the Metropolitan Council has adopted a revised Aviation Chapter, which anticipates the
impacts from the continued operation of the airport at its current location. The noise policy
contours in northern Eagan place the subject property within Noise Zone IV.
Within this area, infill single family residential development would be conditional. To approve
such development in this area, the City would need to make acceptable findings concerning the
following:
1. Specific nature of the proposed use, including the extent of outdoor activities.
2. Relationship of the proposed use to other planning considerations, including adjacent land use
activities, consistency with overall comprehensive planning and relation to other metropolitan
systems.
3. Frequency of exposure of proposed uses to aircraft overflight.
4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and
maintenance areas.
5. Location, site design and construction restrictions to be imposed by the community of the
proposed use with respect to reduction of exterior to interior noise transmissions and shielding
of outdoor activities.
6. Method community will use to inform future occupant of proposed building of potential noise
from aircraft operations.
7. Extent to which community restricts the building from having facilities for outdoor activities
associated with the use.
8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-
up areas.
With respect to the factual aspects of the findings, the property lies approximately 4 miles southeast
of the primary runways at the airport. On an annual average, approximately half of all arrivals and
departures use these runways to and from the southeast. At current traffic levels, this equals
approximately 300,000 operations annually. Because of the relationship of the property to the
current departure and arrival procedures, a significant portion of the departures and arrivals will
track near the property. A smaller fraction of the departures with souther and western destinations
may turn over the property. The property is approximately 5 miles from the engine maintenance
and run-up area. It is less likely to be affected by these activities than by departures and arrivals.
While the Stage III airline fleet, federally mandated by the year 2000, will create less noise per
operation than the current fleet, the future net of such reductions is not certain. As such, regional
policy requires that cities take current noise levels into account until such time as reductions in
actual noise result in a reduction of the policy contours.
Compatibili!X with Surrounding Area - The proposed land use will be compatible with the existing
single family and the proposed single family development surrounding this subdivision.
�s
Planning Report - Verdant Hills
July 22, 1997
Page 6
SUMMARY/CONCLUSION
The proposed rezoning is consistent with the City's Comprehensive Guide Plan. All of the lots
exceed minimum area requirements in an R-1 zoning district. The preliminary subdivision would
require several variances to the minimum frontage and width requirements for Lots 3, 4, and 6, and
for the cul-de-sac length. Otherwise the subdivision has substantially complied with all Code
requirements.
ACTIONS TO BE CONSIDERED
1. To recommend approval or denial of the requested Rezoning of 5.93 acres from A -
Agriculture to R-1 single family residential and;
2. To approve a Preliminary Subdivision (Verdant Hills) consisting of 12 lots on 9.2 acres
including a 900' cul-de-sac length, and frontage requirements as mentioned earlier in this
report for Lots 3, 4, and 6 located west of Woodland Court and west of Wescott Hills Drive
in the NE 1/4 of Section 14 subject to the conditions listed in the staff report.
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3, 1993:
Al, B1, B2, B3, B4, Cl, C2, C3, D1, E1, Fl, G1, and H1.
2. The subdivision shall be platted.
Airport Noise
3. Architectural designs and construction methods for new construction within the
development will incorporate sound attenuation standards sufficient to achieve an interior
sound level of 45 dBA. This would require an inside noise level reduction of at least 20
dBA.
4. A notice shall be recorded on the deed for each lot and/or condominium unit indicating that
it is in the Metropolitan Council Aircraft Noise Zone IV.
Utilities
5. The 16 -inch trunk water main shall be extended to Wescott Hills Drive at the west edge
of Lot 5, Block 1 as part of this development as identified in the City Water Supply and
Distribution Plan.
Easements
6. The drainage and utility easements dedicated with the previous platting of this property,
with the exception of the existing ponding easement on Lots 1, 2, and 3, shall be vacated
at time of final subdivision approval.
Planning Report - Verdant Hills
July 22, 1997
Page 7
Park Dedication
7. The developer shall be responsible for a cash parks dedication.
8. The developer shall be responsible for a cash trails dedication.
Tree Preservation
9. Individual Lot Tree Preservation Plans will be required for Lots 2 through 12 at the time
of building permit application.
10. 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 during both initial site
development and individual lot development.
11. 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.
Water Quality
12. The developer shall be subject to a cash dedication in lieu of on-site ponding for water
quality mitigation. The amount of the cash dedication shall be based on the total area and
development density of the site, less the area of the existing developed lot (Lot 1).
13. Filling or draining of the jurisdictional wetland along the southern border of the site is
prohibited.
�I
A.
B.
C.
STANDARD CONDITIONS OF PLAT APPROVAL
Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
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-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
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,
prepared in accordance with
approval.
erosion, and sediment control plan must be
current City standards prior to final plat
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
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
1. 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
1. 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: -Auclust 25 1987
LTS#5
STANDARD.CON
City Council
September 13, 1987
Revised: July 10 1990
Revised: February 2, 1993
FINANCIAL OBLIGATION — Verdant Hills
There are pay-off balances of special assessments totaling $1,525 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
Storm Sewer Trunk S.F.
Total
Rate
.079/sq ft
7o
Quantity Amount
258,702 sq ft $20.438
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TO: The Mayor and Members of the Eagan City Council
FROM: Kenneth and Jane Greene, 3582 Woodland Court, Eagan
RE: Platting, water main and storm runoff assessment pertaining to
Verdant Hills Subdivision
DATE: August 11, 1997
Issue: We join with the advisory planning commission in asking your special
attention to our situation.
Background: Since. 1992, when the Woodlands 4th Addition adjoined our
property on two sides, we have prepared for the proper development of our
land. You will see on the attached map N( o. 1 } that unless our development
considered the topography of our immediate area, the result would be a
substandard development, a great loss of trees, and considerable harm to our
neighbors on the west and north (Stricker and Hesse).
We, therefore, have carefully and patiently acquired the Stricker land and
reached an agreement with Don and Carol Hesse in order that our project would
save the trees and develop the three parcels to their highest and best use.
We have achieved that goal at great effort and monetary expense and we feel
the Verdant Hills will be among the best in Eagan because of the mature trees,
large lots, and creative use of the topography.
The Problem (our concerns): Planning staff wants us to plat the west 3 acres
of the Stricker farm and to pay for the installation of a 16" water main west to the
Carriage Hills Golf Course.
We feel the west 3 acres of the Stricker farm should remain as non -platted land
and the water main should stop at the western edge of the Verdant Hills
Subdivision for these reasons:
1. We have paid nearly $15,000 of storm run-off fees on our original
5 acres and should not have to now pay for the runoff fees on the
Stricker 5 acres until it is developed.
2. The remaining 3 acres of the Stricker farm will eventually be
developed in conjunction with the Thorpe and Hesse land, and
thus should not become part of Verdant Hills.
19
Page 2 (Verdant Hills Subdivision)
3. The natural topography separates the 3 acre parcel from the
remainder of our land. It fits better with the other parcels.
4. If prematurely constructed, the water main westward to the golf
course will become a liability and will be abandoned when the
Stricker and Thorpe land is developed. (Please note Mgp No. 2,
attached. It shows what would have happened had the water main
not stopped in Verdant Acres.)
5. The requirement that we construct the water main beyond our
development is not fair treatment, in that it is of no benefit to us.
It is unfair and unreasonable to assess us a cost of up to $60,000
for a premature project.
6. The 3 acre Stricker parcel is to be deeded to Don and Carol Hesse
in exchange for that portion of the Hesse land needed on our north
for the Verdant Hills Subdivision. The 3 acres will become part of
the Hesse lands. (Se Map No. 3. attached.)
7. The combined cost of the storm runoff assessment plus the cost of
the water main construction to the golf course will greatly weaken
the financial viability of the Verdant Hills Subdivion project and will
cause us great financial harm.
8. Finally, it is a certainty that no one knows how the Stricker-Thorpe-
Hesse lands will be laid out in terms of street and lot
configurations. Royal Oaks Realty is presently in Planning with the
City of Eagan as to the development of the parcels, which is
evidence that a conceptual plan will be developed. The City of
Eagan will have ample opportunity to extend the water main at a
future time, and the City should not be hasty in prematurely
requiring a project that is unnecessary and harmful to the Greenes.
Thus far, we have addressed why we request the 3 acre Stricker parcel to
remain separate from Verdant Hills, and why we request that the water main
stop at the western edge of our development. Now let's look at the conse-
quences if our request is denied.
Iii
Page 3 Verdant Hills Subdivision
A. The added financial burden could force us to restrict our development
to the boundaries of Lots 3 & 4 of Verdant Acres (see map No. 4),
which would in turn greatly increase our grading costs and we would
lose most of the mature trees.
B. The east portion of the Stricker farm could not be developed because
this portion is 40 feet higher than the remaining Stricker 3 acres.
C. The Hesses would lose the value of the hillside to our north because it
rises 70 feet at a 40 degree incline and can be developed only from
the top of the hill.
D. Thorpe would lose access to his southeast corner.
E. The water main would be stopped 1,000 feet short of the golf course
road.
In our view, the guidelines the staff followed to reach their decision are not
appropriate in this situation.
We invite each or all of you to visit the proposed subdivision site that you may
see first-hand what our concerns are. Our telephone number is 681-1490.
Thank you for your consideration.
IT
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Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
B. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve/deny a Comprehensive Guide Plan Amendment for approximately 42
acres from Industrial to Business Park.
To approve/deny a Rezoning of approximately 42 acres from Limited Industrial to
Business Park for approximately 42 acres located north of Northwood Drive and west
of Lexington Avenue in the southeast quarter of Section 10.
FACTS:
At its regular meeting on July 1, 1997, the Eagan City Council directed staff to
initiate the rezoning of approximately 42 acres of the 55 -acre parcel and schedule a
public hearing on July 22, 1997 before the Advisory Planning Commission.
To insure consistency in both the zoning map and Comprehensive Guide Plan, staff
presented a Comprehensive Guide Plan Amendment and rezoning to the Advisory
Planning Commission at its regular meeting on July 22, 1997. The Advisory
Planning Commission unanimously recommended approval of the Guide Plan
Amendment and rezoning.
Prior to the public hearing, City staff met with the property owners, Jim Ostenson and
Craig Avery, to discuss the land use change for their property. Neither owner
attended the public hearing.
ATTACHMENTS: (2)
+ July 22, 1997 Advisory Planning Commi ion minutes, page�_R--t4=��.
• Staff report, pages through
M
Page 10
July 22, 1997
ADVISORY PLANNING COMMISSION
COMPREHENSIVE GUIDE PLAN AMENDMENT,
& REZONING
CITY OF EAGAN
Commission Chair Heyl opened the next public hearing of the evening regarding a
Comprehensive Guide Plan Amendment and Rezoning of approximately 42 acres of
property currently platted as Lexington Addition from Limited Industrial (I-1) to Business
Park (BP). The site is located west of Lexington Avenue, north of Eagan Promenade, and
south of the USPS Bulk Mail Center in the SEV4 of Section 10.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in City staffs planning report dated July 1, 1997. Mr. Ridley noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
In response to Member Frank's question as to when the APC would see the
preliminary plat on this item, Mr. Ridley stated that staff has seen the drawing but there is
not an actual submission at this time.
In response to Member Segal's question as to whether the landowner is in favor of
this, Mr. Ridley stated that he had met with the landowners who were going to discuss
and show up tonight if there were concerns.
Member Segal moved,. Member Burdorf seconded, a motion to recommend
approval of a Comprehensive Guide Plan Amendment of approximately 42 acres of
property currently platted as Lexington Addition from Limited Industrial (I-1) to Business
Park (BP). The site is located west of Lexington Avenue, north of Eagan Promenade, and
south of the USPS Bulk Mail Center in the SE%4 of Section 10.
All voted in favor.
Member Segal moved, Member Burdorf seconded, a motion to recommend
approval of a Rezoning of approximately 42 acres of property currently platted as
Lexington Addition from Limited Industrial (I-1) to Business Park (BP). The site is
located west of Lexington Avenue, north of Eagan Promenade, and south of the USPS
Bulk Mail Center in the SE'/4 of Section 10.
All voted in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 1, 1997 CASE: 10-RZ-20-06-97
APPLICANT: City of Eagan HEARING DATE: July 22, 1997
PROPERTY OWNER: Lexington -Eagan Ptnshp PREPARED BY: Mike Ridley
REQUEST: Comprehensive Guide Plan Amendment & Rezoning
LOCATION: North of Eagan Promenade, west of Lexington Avenue
COMPREHENSIVE PLAN: Central Area (CA)
ZONING: Limited Industrial (L -I)
SUMMARY OF REQIUEST
The City of Eagan is initiating a Comprehensive Guide Plan Amendment and Rezoning of
approximately 42 acres of property currently platted as Lexington Addition from Limited
Industrial (I-1) to Business Park (BP). The site is located west of Lexington Avenue, north of
Eagan Promenade, and south of the USPS Bulk Mail Center in the SE'/4 of Section 10.
BACKGROUND/HISTORY
The site was subdivided and platted as Lexington Addition almost 30 years ago. The intended
development at that time is unknown. The property was zoned R-3 for many years until the early
1990's when the City initiated a rezoning to LI. The site had been designated Industrial in the
Comprehensive Guide Plan since the 1970's and until the creation of the City's Central Area
designation.
The property owner worked with the Central Area Task Force a few years ago in trying to help
determine appropriate development in the Central Area. Some discussion suggested that
residential may be appropriate for the site. The City Council reviewed a residential scenario and
determined that given surrounding development and the site's proximity to the airport noise
corridor, residential development would not be suitable.
Recently, the City Council further reviewed the site zoning and discussed that Industrial may not
be the most appropriate zoning for the site. At their regular meeting of July 1, 1997, the Council
directed staff to initiate the rezoning of approximately 42 acres of the 55 acre site and schedule
the public hearing for the July 22, 1997 Advisory Planning Commission meeting.
Planning Report - Lexington Addition Amendment/R_ ezoning
July 22, 1997
Page 2 .
EXISTING CONDITIONS
The site is zoned Limited Industrial (LI) and designated as Central Area (CA) in the
Comprehensive Guide Plan. The site contains some severe topography, many wetlands, and a
significant amount of trees.
According to the property owner, he has successfully negotiated the sale of approximately 13
acres to the USPS to add to the Bulk Mail Center. This property transfer cannot be completed
and recorded at Dakota County until the City approves a new subdivision that defines the
boundary of the property the USPS wishes to acquire.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - USPS Bulk Mail Center; zoned and guided Industrial.
South - Eagan Promenade; zoned PD; designated Central.
East - Eagandale Corporate Center; zoned and guided Industrial.
West - Undeveloped/I-35E; 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. The proposed rezoning to Business Park should provide a more
suitable transition between the Promenade and the Postal facility.
Zoning
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.
Comprehensive Guide Plan
The Comprehensive Guide Plan Amendment is required to maintain consistency between the
proposed zoning and the Plan.
SUMMARY/CONCLUSION
It appears that the Business Park Zoning District will provide development in this area that will
be more compatible with existing and future development in the surrounding area. The intent of
(70
Planning Report - Lexington Addition Amendment/Rezoning
July 22, 1997
Page 3
the BP district is to provide development that is suitable in relative close proximity to
nonindustrial development which should serve to protect the Eagan Promenade development.
ACTION TO BE CONSIDERED
To recommend approval or denial of a Comprehensive Guide Plan Amendment of
approximately 42 acres from Limited Industrial (I-1) to Business Park (BP) for property located
west of Lexington Avenue and north of the Eagan Promenade.
To recommend approval or denial of a Rezoning of approximately 42 acres from Limited
Industrial (I-1) to Business Park (BP) for property located west of Lexington Avenue and north
of the Eagan Promenade.
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Case No. 10-RZ-20-06-97
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City of Eagan
Case No. 10-i ,-20-06-97
City of Eagan Community Development Department
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Agenda Information Memo
August 19, 1997 Eagan City Council Meeting
C. COMPREHENSIVE GUIDE PLAN AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve/deny a Comprehensive Guide Plan Amendment changing the land use from
Industrial to Business Park for approximately 80 acres preliminarily platted as Eagandale
Corporate Center No. 2 located north of Yankee Doodle Road and east of Lexington
Avenue in the southwest quarter of Section 11.
FACTS:
• At its regular meeting on June 17, 1997, the Eagan City Council took action to rezone
approximately 80 acres from Industrial (I-1) to Business Park (BP) and approve the
Preliminary Subdivision for Eagandale Corporate Center No. 2.
• State Statutes require local units of government to maintain consistency between its
Comprehensive Guide Plan and zoning map. Consequently, the City must amend the
Guide Plan to provide this required consistency.
ATTACHMENTS (2):
• July 22, 1997 Advisory Planning Commission minutes, page.
• Staff report, pages � through �.
Page I1 _
July 22, 1997
ADVISORY PLANNING COMMISSION
COMPREHENSIVE GUIDE PLAN AMENDMENT
CITY OF EAGAN
Commission Chair Heyl opened the next public hearing of the evening regarding a
Comprehensive Guide Plan Amendment of the southerly approximately 80 acres of the
preliminary approved Eagandale Corporate Center No. 2 subdivision from Industrial
(IND) to Business Park (BP). The site is located east of Lexington Avenue and north of
Yankee Doodle Road in the SWV4 of Section 11.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in City staff s planning report dated July 9, 1997. Mr. Ridley noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
Member Miller moved, Member Carlson seconded, a motion to recommend
approval of a Comprehensive Guide Plan Amendment of the southerly approximately 80
acres of the preliminary approved Eagandale Corporate Center No. 2 subdivision from
Industrial (IND) to Business Park (BP). The site is located east of Lexington Avenue and
north of Yankee Doodle Road in the SW%4 of Section 11.
All voted in favor.
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PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 9, 1997
APPLICANT: City of Eagan
PROPERTY OWNER: Maplewood Acres
REQUEST: Comprehensive Guide Plan Amendment
CASE: 11 -CG -04-07-97
HEARING DATE: July 22, 1997
PREPARED BY: Mike Ridley
LOCATION: Northeast comer of Lexington Avenue & Yankee Doodle Road
COMPREHENSIVE PLAN: Industrial (IND)
ZONING: Business Park (BP)
SUMMARY OF REQUEST
The City of Eagan is initiating a Comprehensive Guide Plan Amendment of the southerly
approximately 80 acres of the preliminarily approved Eagandale Corporate Center No. 2
subdivision from Industrial (IND) to Business Park (BP). The site is located east of Lexington
Avenue and north of Yankee Doodle Road in the SW 1/4 of Section 11.
BACKGROUND/HISTORY
Northwestern Mutual Life (NML) had received preliminary subdivision approval for the 200 -
acre Eagandale Corporate Center site in May 1995. Due to delays in bringing the Final
Subdivision application forward, a one year extension of the preliminary subdivision approval
was requested. In reviewing the extension request, concerns were raised regarding the
appropriateness of industrial development along Yankee Doodle.
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.
At their regular meeting of June 17, 1997 the City Council took action to rezone the southerly 80
acres from Industrial, I-1 to Business Park, BP and approve the preliminary subdivision for
Eagandale Corporate Center No.2.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Planning Report - Comprehensive Guide Plan Amendment
July 22, 1997
Page 2 '
North - Eagandale Corporate Center; zoned and guided Industrial.
South - Carriage Hill apartments/golf course; zoned R-4/PF.
East - Eagandale Center Industrial Park No. 5; zoned and guided Industrial.
West - Eagan Promenade 2nd Addition (apartments); zoned PD; guided Central Area (CA)
COMPREHENSIVE GUIDE PLAN
State statute requires local units of government to maintain consistency between the Guide Plan
and Zoning Map. Therefore, the City must, as a matter of course, amend the Guide Plan to
provide the required consistency.
SUMMARY/CONCLUSION
This amendment is a required housekeeping item.
ACTION TO BE CONSIDERED
To recommend approval or denial of a Comprehensive Guide Plan Amendment of
approximately 80 acres from Industrial (IND) to Business Park (BP) for property located east of
Lexington Avenue and north of Yankee Doodle Road.
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Dmprehensive Guide 'Plan Amendme
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Comprehensive Plan Map
Guide Plan Designation
IND Limited Industrial
Eagandale Corporate Center No. 2
Case No. 11 -CG -04-07-97
City of Eagan Community Development Department `, - -
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Agenda Information Memo
August 19,1997 Eagan City Council Meeting
D. AMENDMENTS TO CHAPTER 11 OF THE EAGAN CITY CODE
ACTION TO BE CONSIDERED:
> To approve or deny the adoption of an ordinance of the City of Eagan, Minnesota,
amending Eagan City Code Chapter Eleven entitled "Land Use Regulations
(Zoning)" by amending Section 11.03 regarding Definitions; and by adopting by
reference Eagan City Code Chapter 1 and Section 11.99.
> To approve or deny the adoption of an ordinance of the City of Eagan, Minnesota,
amending Eagan City Code Chapter Eleven entitled "Land Use Regulations
(Zoning)" by amending Section 11. 10, Subdivision 14, regarding off-street
loading areas; and by adopting by reference Eagan City Code Chapter 1 and
Section 11.99.
> To approve or deny the adoption of an ordinance of the City of Eagan, Minnesota,
amending Eagan City Code Chapter Eleven entitled "Land Use Regulations
(Zoning)" by amending Section 11. 10, Subdivision 15 (C), (D), (E) and (F)
regarding landscape requirements; and by adopting by reference Eagan City Code
Chapter 1 and Section 11.99.
> To approve or deny the adoption of an ordinance of the City of Eagan, Minnesota,
amending Eagan City Code Chapter Eleven entitled "Land Use Regulations
(Zoning)" by amending Section 11. 10, Subdivision 29 regarding outdoor storage,
sales and events; and by adopting by reference Eagan City Code Chapter 1 and
Section 11.99.
> To approve or deny the adoption of an ordinance of the City of Eagan, Minnesota,
amending Eagan City Code Chapter Eleven entitled "Land Use Regulations
(Zoning)" by amending Section 11.20, Subdivisions 16, 17, 18, 19, 20, 21 and 22
regarding industrial; and by adopting by reference Eagan City Code Chapter 1 and
Section 11.99.
FACTS:
> The Advisory Planning Commission held a public hearing and recommended
approval of the proposed amendments at their regular meeting on July 22, 1997.
> The City Council initially reviewed the proposed amendments at their special
meeting on July 29,1997.
> Changes and modifications suggested by the APC and City Council have been
incorporated into the attached ordinances.
04
BACKGROUND/ATTACHMENTS:
> Minutes of July 22, 1997 APC meeting, pages 4de through Lo?
> Summary of changes, pages _(S through L .
> Ordinance regarding Section 11.03, page r /
> Ordinance regarding Section 11. 10, Subdivision 29, pages /2-4hrough
> Ordinance regarding Section 11. 10, Subdivision 14, page
> Ordinance regarding Section 11. 10, Subdivision 15, pages 420 through 142
> Ordinance egarding Section 11.20, Subdivisions 16, 17, 18, 19, 20,21 and 22,
pages through W.
�oS
Page 12
July 22, 1997
ADVISORY PLANNING CONMSSION
ORDINANCE AMENDMENT
CITY OF EAGAN
Commission Chair Heyl opened the next public hearing of the evening regarding
text amendments to Chapter 11 "Land Use Regulations" (Zoning) regarding outdoor
storage and display, trash enclosures, screening, buffering, setback standards, and various
provisions related to Industrial development.
Senior Planner Lisa Freese and Associate Planner Dudziak introduced this item.
Ms. Freese highlighted the information presented in her memorandum to the Commission
dated July 17, 1997. Ms. Freese introduced new information to be discussed by the APC.
Ronald Harris, owner of 9.2 acres of land across from the Bur Oaks development,
asked for clarification as to whether automobiles could park in the 50 -foot setback that
had been discussed, to which the APC stated that parking would depend on the landscape
and once landscape provisions are met.
Gary Santoorjian stated that he was in support of what has been brought up in the
automobile parking being closer than 50 feet and noted that what really matters is the
quality of landscaping to provide adequate screening.
Chuck Thorkildson stated his concern that screening would be lost if a double row
of parking was aloud within the 50 -foot setback. He is speaking of both visual screening
and noise screening depending on the size of the landscaping.
The APC continued with further discussion of the proposed Zoning Code.
Regarding the proposed North Park, the APC recommended amending the I-1 district to
allow athletic complexes as a permitted use. Regarding outdoor display and storage, the
APC indicated that a minimum sidewalk width should be specified in the performance
standards.
Member Miller moved and the motion died for lack of a second.
The APC continued discussion on this issue. In response to the questions regarding
setbacks, the APC clarified that the side and rear building setbacks and the parking
setback from a public street should be 20 feet for all four industrial districts. Further, a
50 -foot setback in the RD and BP districts and a 100 foot setback in the I-1 and I-2
districts should apply to buildings, parking and outdoor storage areas when a property is
directly abutting property which is guided for residential use in the Comprehensive Plan.
A 50 -foot setback in all four industrial districts should apply for buildings and outdoor
storage when the industrial property is separated by a street from property guided for
CG
Page 13
July 22, 1997
ADVISORY PLANNING CONMUSSION
residential use in the Comprehensive Plan, or is directly abutting property guided for
public use in the Comprehensive Plan.
Member Frank suggested that a minimum size be specified for planting islands
within parking lots, that fiber blankets be added as an acceptable special landscape
treatment for areas in excess of 3:1 slope, and commented that he wondered why
irrigation is not required in the Public Facilities district.
Member Miller moved, Member Burdorf seconded, a motion to recommend
approval of text amendments to Chapter 11 "Land Use Regulations" (Zoning) regarding
outdoor storage and display, trash enclosures, screening, buffering, setback standards, and
various provisions related to Industrial development, with the above changes.
All voted in favor.
The APC directed staff to incorporate the appropriate changes into the proposed
amendment prior to the City Council workshop.
Summary of Amendments to Chapter 11
The APC is recommending various amendments to Chapter 11 - Land Use Regulations
(Zoning) relating to off-street loading, landscape requirements (specifically screening),
outdoor storage, and the industrial districts (I-1, I-2, RD, and BP). Following is a
summary of the changes.
Off-street Loading — Most of the changes to this section are intended to clarify existing
vague language. The most significant change includes:
• Deletion of the requirement for a CUP if loading areas are within 300 feet of a
residential district. Because loading areas are not allowed on the side of buildings
facing residential property, the building setback and screening requirements should
provide adequate separation (physical and visual) between loading areas and
residential property, thus making a CUP unnecessary.
Landscape Screenin; — Most of the changes in this section involve reorganization of
existing information and attempts to clarify vague language. The most significant
changes relate to screening, and include:
Separate screening from buffering. Screening obstructs views whereas buffers
provide horizontal distance between uses and virtually function as setbacks. As such,
buffer requirements were deleted since they are redundant with setback requirements.
Establish separate screening standards for plantings and man-made screens (walls,
fences).
Outdoor StoraV. — The Trucking Study recommended that separate performance
standards be established for industrial and commercial outdoor storage. In reviewing the
outdoor storage standards, the APC identified different types of commercial and
industrial storage needs: commercial displays of products, goods and merchandise,
storage of vehicles and equipment, and storage of trash dumpsters. An informal
inventory of the City showed that at least 25 different businesses are currently utilizing
outdoor displays and most do not have a conditional use permit as required under current
code. After discussion, limited outdoor display was included in the proposed
amendments as a permitted use in certain zoning districts, subject to performance
standards. Other outdoor storage not meeting the parameters established for outdoor
display would still require a conditional use permit. Other proposed amendments
include:
• Establish performance standards specific to the enclosure of trash dumpsters and
modify the performance standards applicable to outdoor storage.
• Outdoor storage would no longer be allowed as a conditional use in the
Neighborhood Business (NB) and Regional Shopping Center (RSC) districts, but
would be added as a conditional use in the General Industrial (I-2) district.
• Limited outdoor storage would be allowed as a conditional use in the General
Business (GB) and Commercial Shopping Center (CDC) districts.
Setbacks in Industrial Districts - One of the concerns raised by industrial property
owners during the Trucking Study was the additional setback requirements for industrial
property abutting R, P and A zoned properties. The proposed amendments would result
in an overall reduction in required setbacks, but are off -set by more stringent screening
requirements. Following are the major changes:
• Reduce the building and outdoor storage setback from 100 feet to 50 feet for those
cases where I-1, I-2, RD or BP property is across the street from property guided for
residential land uses or when it is directly abutting property zoned P, Public Facilities.
• Reduce the parking setback from 100 to 20 feet for those cases where I-1, I-2, RD or
BP property is across the street from property guided for residential land uses or when
abutting property guided P, Parks or PF Public Facilities.
• Reduce the building, parking and outdoor storage setback from 100 feet to 50 for
those cases where RD or BP property is directly abutting property guided for
residential uses. The existing 100 foot setback for I-1 and I-2 property directly
abutting property guided for residential use would remain intact.
• Reduce the rear yard building setbacks for 1-1, I-2 and BP from 30 feet to 20 feet.
• Reduce side and rear yard building setbacks in the RD district from 40 feet to 20 feet
and 60 feet to 40 feet, respectively, to be consistent with the other industrial districts.
• Consolidate industrial setbacks and lot requirements into a single table.
• Clarification, including additions and deletions, of the lists of permitted, conditional
and accessory uses in the 1-1, I-2, RD and BP districts.
• Reorganize "Additional. Lot Standards" that apply to all industrial districts.
• Require screening of loading and outdoor storage to be a minimum height of 6 feet
and achieve 75% opacity at time of installation rather than at maturity as current code
allows.
C)9
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)"
BY AMENDING SECTION 11.03 REGARDING DEFINITIONS; AND BY ADOPTING
BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by changing the following
definitions in Section 11.03, to read as follows:
Outdoor Storage —Te display, means to stock, keep, sell or trade outside a
commercial or industrial building any items of merchandise, supplies, materials,
finished goods, inventory or other movable property, tmsh meeptaeles, or motor
vehicles. For purposes of this definition and the regulation of outdoor storage, a
temporary outdoor event and seasonal outdoor sale shall not constitute outdoor
storage.
Temporary Outdoor Event means an exhibition or sale with a duration of ten (10)
continuous days or less which does not occur more than once per thirty (30) days
and more than three (3) times per year on a combination of twenty (20) days total
in a calendar year. A temporary outdoor event includes, but is not limited to:
promotional and fund raiser event; car wash; nursery stock, fresh fruit and
vegetable sale; and prepared food, clothing and crafts display or sale.
Section 2. Eagan City Code Chapter 11 is hereby amended by adding the following
definitions to Section 11.03, to read as follows:
Comprehensive Guide Plan means the City of Eagan Comprehensive Guide
Plan as duly adopted and as amended from time to time by the Eagan City
Council
Outdoor Mwlav } — means to store or exhibit outside a commercial building a
representative sample of merchandise, goods or inventory intended for sale, rent
or lease in the normal course of the principal occupant's business For purposes
of this Chapter, any outdoor display exceeding the restrictions thereof as set
forth in Section 11.10 shall constitute outdoor storage-
leo
Public Rikht-of Way -means the entire area dedicated to public use or
contained in an easement or other conveyance or grant to the state, county or
city and shall include but not be limited to roadways, boulevards, sidewalks,
trails, alleys and other public property between lateral property lines in which
the street or roadway lies
Rec rclk ables means "recyclables" as defined in City Code Chapter 10.
Trash means "garbage" and "other refuse" as defined in City Code Chapter 10.
Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation"' and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 4. 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:
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)"
BY AMENDING SECTION 11.10, SUBDIVISION 29 REGARDING OUTDOOR
STORAGE, SALES AND EVENTS; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by renumbering and changing
Section 11. 10, Subd. 29, to read as follows:
Subd. 29.1. ,
Outdoor display by businesses
A. Outdoor display permitted .Outdoor display of merchandise or goods offered for
sale, rent or lease shall be permitted only in the Neighborhood Business (NB),
General Business (GB) and Community Shopping Center (CSC) zoning districts,
subject to the following requirements.-
1.
equirements.
1. The display area shall not exceed sixty (60) square feet.
2. The display area shall be located immediately adjacent to the principal
structure and only on the side of the building which contains a main
entrance.
3. The display area shall not extend more than five (5) feet out from the
building and shall not exceed four (4) feet in height.
4. The display area shall not take up required parking spaces or
landscaping areas of the principal use.
S. The display items shall consist solely of products sold or distributed
within the principal structure by the occupant thereof.
Subd 29.2. Outdoor storage by businesses
A.
bevels (PD) T ' + d B , s (LB), Ne,..t,l a ee Business
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Business s
Ceamnunity Shopping Center- (GSC), Limited IndustFial (1-4)
WMPOFar-y etAdeer- events shall eaemp�y with this 94di-Asien. AA1 euWeer- steFage
Outdoor storage shall be permitted only in the Limited Industrial (I-
1), General Industrial (1-2), General Business (GB) and Community Shopping
Center (CSC) districts, and only upon the Council's granting of a conditional
use permit.
B. Conditional use permit application. All conditional use permits under this
Subdivision shall be subject to the provisions of Section 11.40, Subd 4. All
applications for a conditional use permit for outdoor storage shall include a
detailed and scaled site plan specifying the dimensions, location, material and
design of the storage enclosure and area.
C. Performance standards
.,. �.,......... ............t,......0 -Jr— - -- -. _.-. ____ _., --- --__- -.--o --
addition to these standards set feAh in S4diN4sien 4 of Seefien . Outdoor
storage permitted in accordance with Subparagraph A herein shall comply to
the following requirements, in addition to those requirements set forth in
Subdivision 4 of Section 11.40 of this Chapter:
-(a)l. Outdoor storage items shall be placed within an enclosure as necessary to
achieve appropriate security and containment or for public safety reasons
when determined necessary by the City. In General Business (GB) and
Community Shopping Center (CSC) zoning districts, the enclosure shall
be attached to the principal building and be constructed of materials
which are aesthetically compatible with the principal building. In
Limited Industrial (I-1) and General Industrial (I--2) zoning districts, the
enclosure may be detached from the principal building.
(,d)2. The enelesur-e-storage area shall be located in the side or rear yards and
shall not encroach into any established required front building setback area
or other required setbacks.
[ l3
(e�3. The outdoor storage area shall be screened from view from the public
right of way and from any adjacent property which is designated for
residential uses in the Comprehensive Guide Plan.
(4)4. The eaelesufe-storage area shall not interfere with any pedestrian or
vehicular movement.
(h)S. The display storage area shall not take up required parking spaces or
landscaping areas.
(i}6. The disp!y storage area shall be surfaced with concrete or an approved
equivalent to control dust and erosion. The surface shall be properly
maintained to prevent deterioration.
Subd 29.3. Temporary outdoor events.
A. Restrictions Temporary outdoor events shall be permitted only in the
Public Facilities (PF), Planned Development (PD), Limited Business
(LB), Neighborhood Business (NB), General Business (GB), Community
Shopping Center (CSC) and Limited Industrial (I-1) districts
B. Performance standards
r-equiFementg in Subpamgmph G. ., Temporary outdoor
events permitted under this subdivision shall be subject to the following
standards:
1.(a) Adequate off-street parking shall be provided to ensure eesg that
no obstruction or interference occurs with existing traffic patterns.
2.(b) No portion of the-sale-er-event shall take place within any public
right-of-way. A minimum 10 feet setback of ten (10) feet shall be
maintained from all property lines and no portion of the use shall
take place within 100 feet of any abutting property line of any
residential use or residential zoned property, which is not separated
by public right-of-way.
I (+
3.(e) The site shall be kept in a neat and orderly manner and the display of
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.
4.(d4 All signs for the event shall omply
with Eagan City Code sign regulations.
S.(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.
6.(€) The owner ead�or operator of the cele - or- -event shall have the written
permission of the fee owner of the property on which the sale-e
event is located to use the specific site.
7.(g) Hours of operation shall be subject to this Chapter's regulations
governing hours of operation of commercial businesses.
8.(h) No parking shall be permitted on any adjacent parcel without the
prior written permission of the adjacent parcel owner.
Subd 29.4. Seasonal outdoor sales.
A. Restrictions Seasonal outdoor sales shall be permitted only in the Public
Facilities (PI), Planned Development (PD), Limited Business (LB),
Neighborhood Business (NB), General Business (GB), Community
Shopping Center (CSC) and Limited Industrial (I-1) districts and only
upon the Council's granting of a conditional use permit
B. Conditional use permit application. All conditional use permits under this
Subdivision shall be subject to the provisions of Section 11.40, Subd 4.
All applications for a conditional use permit for seasonal outdoor sales
shall include a detailed and scaled site plan specifying the dimensions,
location, material and design of the sales area and enclosure.
C. Performance standards All seasonal outdoor sales shall be subject to the
following standards:
1. The seasonal outdoor sale shall meet the minimum requirements
for temporary outdoor events set forth in this Chapter.
2. The sale area shall be within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons
when determined necessary by the City.
l
3. The sale area shall not encroach into any required front building
setback area or other required setbacks
4. The sale area shall be screened from view from adjacent
residential uses and residential zoned property.
S. The sale area shall not interfere with any pedestrian or vehicular
movement.
6 The sale area shall not take up required parking spaces or
landscaping areas of the principal use
Z The sale area shall be surfaced with concrete or an approved
equivalent to control dust and erosion. The surface shall be
properly maintained to prevent deterioration.
Subd 29.5. Enclosure of trash and recyclables containers required
A. Purpose To provide site design standards for the outdoor storage of
trash and recyclables containers, the provisions of this subdivision apply
in addition to the provisions of Chapter 10 of the Eagan City Code which
regulate the storage, deposit and disposal of refuse on all properties
B. Design requirements. All trash and recyclables containers stored outside
in the Residential Multiple (R-4), Limited Business (LB), Neighborhood
Business (NB), General Business (GB), Roadside Business (RB),
Community Shopping Center (CSC), Regional Shopping Center (RSC),
Research and Development (RD), Limited Industrial (I-1), General
Industrial (I--2), and Business Park (BP) zoning districts shall be stored
within an enclosure subject to the following standards.
1. The enclosure shall have an impermeable floor surface-
2.
urface
2. The enclosure shall be attached to the principal building in the
Limited Business (LB), Neighborhood Business (NB), General
Business (GB), Roadside Business (RB), Community Shopping
Center (CSC), Regional Shopping Center (RSC), and Research
and Development (RD) zoning districts
3. The enclosure may be detached from the principal building in the
Residential Multiple (R-4), Limited Industrial (I--1), General
Industrial (I--2), and Business Park (BP) zoning districts
4. The enclosure shall satisfy principal structure setbacks required
for the applicable zoning district
S. The enclosure shall be constructed of materials to match the
exterior of the principal structure, with gates or doors having at
least 90% opacity.
6. The enclosure shall be of sufficient size to enclose all trash and
recyclables containers and shall be not less than six (6) feet and
not more than ten (10) feet in height
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST:
By: E. J. VanOverbeke
Its: Clerk
Date Ordinance Adopted:
CITY OF EAGAN
City Council
By: Thomas A. Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
� 11
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)"
BY AMENDING SECTION 11. 10, SUBDIVISION 14, REGARDING OFF-STREET
LOADING AREAS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE
CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by changing Section 11. 10, Subd.
14, to read as follows:
Subd. 14. Off-street loading areas.
A. Definition. Off-street loading areas shall mean that portion of a lot or
property designed for use by vehicles for loading or unloading
merchandise or materials Off-street loading areas shall not be included
in the computation of required off-street parking.
B. Standards Off-street loading areas shall comply with the following
requirements.
A- 1. All loading areas ' shall be off street and
shall be located on the same lot as the building or use to be served.
B-: 2. Loading areas and docks shall not be permitted along the front side of
any building
3. Loading areas and docks shall not be permitted along any side of a
building facing property designated for residential, park, or public uses in
the Comprehensive Guide Plan.
said pubhe 4. A minimum 40 foot wide landscaped yard, including
berms and vegetation, shall be established and maintained along public right-
of-ways Landscaping and screening shall be in accordance with all
landscaping and screening regulations in this Chapter.
M5
5. Loading dock doors, railings and other appurtenances shall be compatible
with the overall color scheme of the principal structure.
6. In Research and Development and Business Park districts, loading docks and
maneuvering areas shall be solidly screened from view from all streets and
directly abutting properties with different land uses at time of maturity.
Screening may consist of landscaping, berms, fencing and walls, or any
combination thereof, to provide a minimum height of six (6) feet and a
minimum seventy-five percent (75%) opacity at the time of installation.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST:
By: E. J. VanOverbeke
Its: Clerk
Date Ordinance Adopted:
CITY OF EAGAN
City Council
By: Thomas A. Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, NIINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)"
BY AMENDING SECTION 11. 10, SUBDIVISION 15(C), (D), (E) and (F), REGARDING
LANDSCAPE REQUIREMENTS; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by changing Section 11. 10, Subd.
15(C), (D), (E) and (F), to read as follows:
Subd 15. Landscaping.
C. Landscape specifications.
1. Definitions. For the purpose of this subdivision, the following
definitions shall apply:
(a) Caliper means the length of a straight line measured through
the trunk of a tree six inches above ground level.
(b) Coniferous/evergreen tree means a woody plant which, at
maturity, is at least 30 feet or more in height, having foliage
on the outermost portion of the branches year-round.
(c) Deciduous overstory shade tree means a woody plant which,
at maturity, is 30 feet or more in height, having feliage on
a defined crown which loses leaves annually.
(d) Deciduous understory ornamental tree means a woody plant
which, at maturity, is less than 30 feet or more in height, with
a single trunk, unbranched for several feet above the ground
having a defined crown which loses leaves annually.
(e) Plant material average size (coniferous) means the total
height of all coniferous trees six feet or over, divided by the
total number of such trees.
(f) Plant materials average size (shade or ornamental) means the
total diameter of all deciduous overstory trees 2 112 caliper
inches or more in diameter, divided by the total number of
trees.
2. All landscape plans and landscaping under this subdivision shall
follow and be in compliance with the following requirements,
together with all other City Code regulations:
(a) Minimum size at time of planting.
(1) Deciduous overstory plantings shall be a minimum of 2
1/2 caliper inches.
(2) Deciduous understory trees shall be a minimum of 1
1/2 caliper inches.
(3) Coniferous trees shall be a minimum of six feet in
height.
(4) Shrubs and hedge materials shall be a minimum of
three feet in height.
(b) Minimum required plant material. The landscape plan and
landscaping thereunder shall provide for plant material equal
to three percent of the value of the building(s), not including
the cost of land and site improvements. Credit may be given
for existing plant materials, which will be preserved. The city
may approve a landscape plan which does not meet this
standard, where the intent and purpose of this subdivision is
otherwise met.
(c) Planting islands. Planting islands shall be required where
necessary to visually break up expanses of hard -surface
parking areas, to provide safe and efficient traffic movement,
and to define rows of parking. Planfift islands shag eeeiipy
Planting islands shall be required in parking areas with fifty
(50) or more parking spaces and shall occupy at least five
percent (5%) of the parking lot area. Parking islands shall
be edged with concrete curbs.
(d) Method of installation. All deciduous and coniferous trees
shall be planted in accordance with American Nurseryman's
Standards.
�a i
(e) Lawn maintenance and establishment. Lawn maintenance and
establishment shall be required in accordance with chapter 10
of the City Code.
(f) Slopes and berms. Slopes and berms steeper than three feet
horizontal to one foot vertical shall not be permitted unless
specifically approved by the city. In areas where steeper
slopes are allowed, there shall be special landscape treatment
such as special seed mixtures, terracing, of retaining walls or
fiber blankets
(g) Landscape maintenance. The property owner shall be
responsible for the maintenance of all landscaped areas and
the installation of healthy replacement plants for any plants
that die or are removed due to disease. Maintenance shall
include removal of litter, dead plant materials, unhealthy or
diseased trees, and necessary pruning. Natural watercourses
within a buffer shall be maintained as free flowing and free of
debris.
(h) Erosion control. All areas of any site shall be restored and
maintained in accordance with provisions of the sit-eresiee
een#el manual and other- City Code.
(i) Placement of plant materials. No plant materials shall be
permitted within any utility easement or street right-of-way,
except as otherwise permitted under chapter 7 of the City
Code.
(j) Diseased and nuisance trees. Prior to grading, all diseased
and nuisance trees on the subject property shall be identified
by the city forester in accordance with chapter 10 of the City
Code. All diseased and nuisance trees so identified shall be
removed from the property at the time of grading and prior to
the commencement of building construction. Diseased and
nuisance trees shall not count toward calculation of
significant tree inventory.
(k) Tree preservation. Tree preservation shall be required in
accordance with the tree preservation guidehnes regulations
in this Chapter as adopted by the Gemneg.
(l) Completion deadline. All plant materials required for
screening purposes shall be planted to completion within six
months from date of issuance of a building permit unless
otherwise approved by the city due to the time of the year or
construction for a large project. In no case shall the period
exceed six months from issuance of the certificate of
occupancy.
D. Landscaping along freeway corridors.
1. Purpose. The provisions in this subparagraph are adopted in order to
preserve, protect and enhance existing landscapes and landscaping
Y ythe steter r
eftafiell and is
located along Interstate Highways 35E and 494 and T.H. 77 (Cedar
Avenue).
2. Visual penetration areas. The requirements herein shall apply to
those areas along the freeway system in the city where the visual
penetration of the motorist extends beyond the right-of-way
boundary as identified in the comprehensive guide plan.
4 3. Screening visual penetration areas.
of w Within the visual corridors, as identified in the
comprehensive guide plan, a planting screen of a mixture of
overstory and understory coniferous and deciduous plant material
shall be planted which shall provide a visual screen to achieve
seventy-five percent (75%) opacity, year-round at fime-ef maturity.
Screening shall apply to all parking and outdoor storage areas.
This planting shall be provided within the minimum 25 fee 50 foot
setback area required adjacent to freeway right-of-way.
-3 4. Existing wooded A#s areas in visual corridors. Existing wooded
areas designated in the comprehensive guide plan shall be preserved
for a minimum of 50 feet adjacent and parallel to the freeway right-
of-way. Beyond 50 feet, existing wooded areas shall be preserved,
e*eept *84 i of 40 PeFMA ef the wooded area may be
ef tFees, vegetatieepes-set—in accordance with
provisions of the tree preservation regulations in this Chapter.
E. Irrigation system.
System required.
(a) All landscape plans and implementation thereof required by
this subdivision shall include an underground irrigation system in all
I a3
UZ
zoning districts except Single family (R-1), Agriculture (A), and
Public facilities (P) districts as follows:
uaderVeund i*afiefi system is net fequked. if the pfepefty area to
deteffnined by the eitf, an uadefffeimd 4r-igafiea system is net
wed -Exception. An underground irrigation system is not
required if
(i) The area to be landscaped is very large or reserved for
future expansion; or
(ii) The area is intended to be kept in its natural state
2. System specification. All irrigation systems shall be fully automatic
programmable systems, capable of alternate date watering. Each
system shall be capable of achieving one inch of precipitation per
week under an alternate day watering regime. The system shall
provide head to head coverage with uniform levels of total
precipitation throughout all irrigated areas and shall provide full and
equal coverage onto public rights-of-way to the back of curb.
Systems which extend beyond private property onto public rights -of -
a
way shall be subject to approval by the city under chapter 7 of the
City Code. The system shall meet state department of health
standards and shall provide backflow preventers. All systems shall
have a designated billing address.
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F. Screening.
1. Definition and purpose. Screening shall consist of plants, berms, walls
and fences that obscure views, improve aesthetics, and help minimize
adverse impacts of public nuisances such as: noise, glare, vibration,
odors, or dust. Additional screening requirements apply in the industrial
zoning districts and are enumerated under those zoning districts sections
of this Chapter.
2. Screening requirements.
(a) All parking, loading, service, utility, and outdoor storage areas
shall be screened from view from all streets and directly abutting
properties which have a different land use designation by a
combination of any of the following: berms, walls, fences,
deciduous overstory or understory trees, coniferous trees, shrubs
and hedge materials
(b) Screening fences or walls shall be constructed of attractive,
permanent finished materials, compatible with those used in the
construction of the principle structure. Such screens, including
berms, shall be at least three (3) feet in height and provide a
minimum opacity of seventy-five percent (75%). Screen fences
and walls shall be maintained in a neat and structurally sound
condition. Necessary repairs shall be made in a timely manner.
(c) Planting screens shall consist of hardy plant materials, along, or in
combination with berms Such screens shall be at least three (3)
feet in height (six (6) feet if coniferous trees) at time of
installation and shall be designed to provide a minimum year-
round opacity of seventy-five percent (75%) at maturity. Planting
screens shall be maintained in a neat and healthful condition.
Plants which have died shall be promptly replaced.
jai
(d) Where a required drainage, utility or other easement is partially or
wholly within an area where required screening would normally be
located (i. e, in minimum setback), a wider screening area shall be
provided to eliminate or minimize plantings or screening structures
with the easement.
3. Exception to requirements. Screening requirements may be waived or
modified by the city where the intent is otherwise satisfied by a
significant change in elevation, existing screening, significant
distance or similar circumstances
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation"' and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST -
By: E. I 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:
� a?
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATION (ZONING)"
BY AMENDING SECTIONS 11.20, SUBDS. 16, 17, 18, 19, 20, 21 AND 22, REGARDING
INDUSTRIAL; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER
1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by changing Section 11.20, Subd.
16, to read as follows:
Subd 16. 1-4 meted Limited industrial I-1 district -
A. Purpose- The purpose of the 1-1 limited industrial district is to provide for
the establishment of a variety of warehousing, manufacturing and light
industrial uses, including large volume truck oriented uses The
regulations in this Subdivision set forth the development requirements
that are to minimize any potential detrimental effects of a particular
industrial use and ensure compatibility with adjacent land uses.
B. Permitted uses. Within any Limited Industrial (I-1) district, no structure or
land shall be used except for one or more of the following uses or uses
deemed similar by the Council:
46.1. Amusement devices, not to exceed three machines at one licensed
location, and which shall not be located within 200 feet of another
licensed location. For this purpose the outside wall of each licensed
location shall be used in the measurement of the distance between
locations.
-1-5-. 2. Animal hospital or clinic (with no outside kennel).
44- 3. Armories or convention hall.
4. Assembly, processing, fabrication, packaging or manufacturing of
a wide variety of products that produce no exterior noise, glare,
fumes, obnoxious products, byproducts or wastes, or creates other
objectionable impact on the environment.
S. Athletic complexes.
6 Automobile major repair
when conducted completely in an enclosed building.
7. Churches.
8. Ice, cold storage plants, bottling works.
9. Machine and welding shops.
10. Mini -warehouse storage facilities
4. 11. Offices.
12. Radio and, television and movie productions studios
44.13. Research laboratories.
3. 14. Restaurants, class I only.
-7-15. Tennis club, skating, theater, bowling alley or similar indoor
commercial recreation.
4116. Trade school.
x.17. Warehousing and wholesaling and related sales or showrooms.
C. Conditional uses. Within the Limited Industrial (1-1) district, no structure
or land shall be used for the following uses or uses deemed similar by the
council except through the granting of a conditional use permit:
4-3 1. Amusement devices exceeding three machines at one licensed
location or to be located within 500 feet of any other licensed
location.
2. Car or truck wash when conducted as a principal use.
3. Contractors' yards.
9- 4. Dog kennels with outside pens and subject tosee4ien 6. Chapter 6
of the City Code.
5. Freestanding tower or wind energy conversion system, subject to
the regulations thereof in this Code.
6. Fuel storage tank(s) located above ground, subject to the outdoor
storage regulations in this Chapter.
4- Z ,
Manufacture, storage or
utilization of explosives
4-2- 8. Motor fuel sales serving industrial or trucking uses
9.. Off-site off-street parking and off-site outdoor storage, subject to
the regulations thereof in this Chapter.
441 D. On -sale wine and 3.2 beer.
&H. Subjeat teSes#en-14.4n, Subd. 29, euCttee Outdoor storage and
then e conducted by an occupant of the principal building,
subject to the outdoor regulations in this Chapter.
X12. Sales, leasing, or service for trucks or passenger cars when
conducted as a principal use.
5:13. Subj estto Section 11z0, Sub d. 29, ...,yes ,sales yards for building
materials, conducted by an occupant of the principal
building, subject to the outdoor storage regulations in this Chapter.
14. Truck and freight terminals.
4-4715. Truckstops.
D. Permitted Accessory Uses. Within any Limited Industrial (M) district, the
following uses
araeessei:y uses. shall be permitted when conducted as accessory to the
principal use on the property.
1. Building mounted antenna or satellite dish, subject to the
regulations thereof in this Code
2. Car or truck was consisting of a single wash bay, when serving
only the principal use.
3. Sales, leasing, or service of trucks or passenger cars when serving
only the principal use
4. Temporary outdoor event, subject to the regulations thereof in
this Chapter
15
Section 2. Eagan City Code Chapter 11 is hereby amended by changing Section 11.20, Subd.
17, to read as follows:
Subd. 17. 1-2 geaeml General industrial (I-2) district.
A. Purpose. The purpose of the Limited Industrial (I--2) general industrial
district is to provide for the establishment of heavier industrial uses that,
because of the nature of the product or character of operation, require
separation from or special protections for non -industrial uses
B. Permitted uses. Within any Limited Industrial (1-2) district, no structure or
land shall be used except for one or more of the following uses or uses
deemed similar by the council:
1. Any use permitted as a conditional use in the Limited Industrial
(I-1) district, except:
(a) Manufacture, storage or utilization of explosives;
(b) Off-site off-street parking and off-site outdoor storage
subject to the regulations thereof in this Chapter.
�-2. Any use permitted as a -pe 34#e in the
Limited Industrial (1-1) district.
3. Crude oil, gasoline or other liquid storage tanks.
i32�'
Nmm
.■
..
Section 2. Eagan City Code Chapter 11 is hereby amended by changing Section 11.20, Subd.
17, to read as follows:
Subd. 17. 1-2 geaeml General industrial (I-2) district.
A. Purpose. The purpose of the Limited Industrial (I--2) general industrial
district is to provide for the establishment of heavier industrial uses that,
because of the nature of the product or character of operation, require
separation from or special protections for non -industrial uses
B. Permitted uses. Within any Limited Industrial (1-2) district, no structure or
land shall be used except for one or more of the following uses or uses
deemed similar by the council:
1. Any use permitted as a conditional use in the Limited Industrial
(I-1) district, except:
(a) Manufacture, storage or utilization of explosives;
(b) Off-site off-street parking and off-site outdoor storage
subject to the regulations thereof in this Chapter.
�-2. Any use permitted as a -pe 34#e in the
Limited Industrial (1-1) district.
3. Crude oil, gasoline or other liquid storage tanks.
i32�'
4. The maEmfarawfin Manufacturing, compounding, assembly,
packaging, treatment or storage of the following products or
materials: brewing; cement; concrete; stone cutting; brick; glass;
batteries (wet cell); ceramic products; mill working; metal polishing
and plating; paint (pigment manufacturing); vinegar works; rubber
products; plastics; meat packing; flour, feed or grain milling; coal or
tar asphalt distillation; rendering works; distillation of bones;
sawmill; lime; gypsum; plaster of Paris; glue; size; cloth; and similar
uses.
C. Conditional uses. Within the Limited Industrial (1-2) district, no structure
or land shall be used for the following uses or uses deemed similar by the council except
by conditional use permit:
4-.1. Acid manufacture.
2. Auto wrecking, junkyard, used auto parts (open storage) and similar
uses.
-2- 3. Commercial stockyard, auction sales or slaughtering of animals.
4. Creosote plant.
9- S. Incineration or reduction of waste material other than customarily
incidental to a principal use.
6. Kilns, or other heat processes fired by means other than electricity.
-� 7. Manufacture or storage of poison, fertilizer, fuel briquettes.
Sr. 8 Stefage,
Manufacture, storage or utilization
of explosives
-lam 9. ,
eutdeer-stege. Off-site off-street parking and off-site outdoor
storage subject to the regulations thereof in this Chapter.
10. Refining of crude oil.
I��
6: 11. Refuse or garbage disposal.
G Permitted Accessory Uses Within any Limited Industrial (1-2) district, the
following uses shall be permitted when conducted as accessory to the
principle use on the property:
1. All uses permitted as accessory uses in the Limited Industrial (I--1)
district except temporary outdoor events
Section 3. Eagan City Code Chapter 11 is hereby amended by changing Section 11.20, Subd.
18, to read as follows:
Subd. 18. R -D research and development district.
A. Purpose. The purpose of &s subdi-4 the Research and Development
(R D) district is to , subjerat to the
provide for professional
research and development and limited industrial structures and operations.
areas.suffeunding The development standards for this district are
intended to establish and maintain high quality site planning,
architecture, signage and landscape design so as to
residents ef the ei�, be compatible with and protect the full use, benefit,
and enjoyment of surrounding residential property. It is
not the purpose of this subdivision to permit ordinary and usual types of
industrial structures and operations which more appropriately qualify only
under the foregoing industrial classifications.
B. Permitted Uses. Within Research and Development (R D) districts, no
structure or landNe land so e4assified shall be used or e
except for one or more of the
following uses or uses deemed similar by the council.
i3
�
4, 1. Agriculture.
2. Any combination of items ' and 2 above Research and
Development (R D) laboratories and general offices..
3. General offices.
4. Light manufacturing and processing of a type producing negligible
smoke, dust, odor, fumes or noise when conducted in conjunction
with Research and Development (R -D) laboratories or general
offices items ' or' her-einab -� and compatible with subparagraph
A above.
4- S. Research and development laboratories.
D. Permitted accessory uses. Within Research and Development (R D)
districts, the following uses shall be permitted when conducted as an
accessory to the principal use on the property:
1. Guesthouses owned and maintained in conjunction with permitted
uses.
4- 2. Recreational areas and similar uses for the primary benefit of
employees.
3. Temporary
outdoor event subject to the regulations thereof in this Chapter.
f .e!�!..±.R.�
Section 4. Eagan City Code Chapter 11 is hereby amended by renumbering Section 11.20,
Subd. 19 as Section 11.20, Subd. 21, and by changing the text thereof to read as follows:
t )�
a tmder see4ie 11. subdi-isieri 11,
•1it 1 7
shall be issued e* open exesufien ef a muWstery build
affeeffiefft'
Subd 21. Additional Standards and Requirements The following requirements
are in addition to those in subdivisions 16, 17, 18, 19 and 20 of this section for
industrial districts (1-1,1-2, RD and BP). Where there is a conflict, the requirements
under this subdivision shall prevail.
A. Height Buildings or structures in excess of the maximum height
limitations imposed by subdivision 20 of this section may be allowed
subject to the following standards:
1. Buildings in air traffic corridors, as defined in the comprehensive
guide plan, shall be subject to additional height restrictions per air
traffic corridor regulations
1 37
2. The maximum required setback for buildings structures over three
stories shall be 60 feet on the front and 30 feet on the side and rear
yards The setbacks shall be increased from the standard setback
requirements by five feet per story on the front, side and rear yards
until the maximum required setback has been obtained
3. A building or structure in excess of the permitted maximum
height, per subdivision 20, shall not be allowed if it is located less
than 300 feet from a single-family residential district as measured
from the nearest point of such building or structure to the nearest
point of the residential district.
B. Screening and landscaping requirements Screening and landscaping of
development shall be provided in accordance with the requirements of
section 11.10, subdivision 15, with the following additional requirements:
1. Whenever an 1-1, I-2, RD or BP district is across the street from
property guided for residential or public facilities land uses, or
directly abutting property guided PF (Public Facilities) a buffer
yard/setback with a minimum depth of 50 feet shall be maintained
adjacent to the street, to provide screening of all loading and
outside storage areas Screening may consist of landscaping,
berms, fencing and walls, or any combination thereof, to provide a
minimum height of 6 feet and a minimum seventy-five percent
(75%) opacity at the time of installation.
2. Whenever an I-1 or 12 district is directly abutting property guided
for residential land uses, a buffer yard/setback with a minimum
depth of 100 feet shall be maintained, to provide screening of all
parking, loading and outside storage areas Screening may consist
of landscaping, berms, fencing and walls, or any combination
thereof, to provide a minimum height of 6 feet and a minimum
seventy-five percent (75%) opacity at the time of installation.
3. Whenever an RD or BP district is directly abutting property guided
for residential land uses, a buffer yardlsetback with a minimum
depth of 50 feet shall be maintained to provide screening of all
loading and outside storage areas Screening may consist of
landscaping, berms, fencing and walls, or any combination
thereof, to provide a minimum height of 6 feet and a minimum
seventy-five percent (75%) opacity at the time of installation.
4. In the RD and BP districts, a minimum three-foot high solid
screen, consisting of plantings, berms, and/or decorative walls
shall be provided within the required setback where off-street
parking areas abut a public right-of-way or property with a
different Zoning or land use designation.
5. In the RD and BP districts, ground level view of all mechanical
utilities shall be completely screened from contiguous properties
and adjacent streets
C. Signage provisions Signage shall be provided in accordance with the
requirements of Chapter 4 with the following additional requirements:
1. Building facade signage on multi -tenant buildings shall be evenly
distributed between all tenants
2. In multi -lot developments, the design and placement of monument
and directional signs shall be coordinated through an overall
signage plan.
3. In the RD and BP districts, no pylon or roof signs shall be allowed
4. In the RD and BP districts, building facade signage shall be
limited to ten percent of the facade area.
D. Building exterior treatment. In Business Park (BP) districts exclusively,
building exterior treatments shall comply with the following
requirements:
1. Building materials Major exterior surfaces of all primary
structures shall be constructed of face brick, stone, glass, stucco,
synthetic stucco, architectural concrete, cast in place or precast
panels, or decorative block. Up to 15 percent of any wall surface
may be constructed of wood, vinyl, or metal, as accent materials,
provided they are appropriately integrated into the overall building
design. No exterior surfaces shall be constructed of sheet
aluminum, asbestos, iron, steel, plain concrete block or corrugated
aluminum. Roofs, except flat roofs, shall be constructed of
commercial grade asphalt shingles, wood shingles, standing seam
metal, slate, tile, or copper.
2. Canopies and awnings The design of canopies shall be in keeping
with the overall building design in terms of location, size (scale),
and color. No canopies with visible wall hangers shall be
permitted Signage on canopies may be substituted for allowed
building signage and shall be limited to 25 percent of the canopy
area Internally illuminated canopies must be compatible with the
overall color scheme of the building. The area of illumination
shall be considered signage.
Section 5. Eagan City Code Chapter 11 is hereby amended by deleting the table and text in
Section 11.20, Subd. 20 and replacing the same with the following:
Subd 20. Minimum area requirements The following table sets forth the minimum area
and size requirements for property development in the RD, BP, I-1, and 1-2 districts
RD Research &
BP Business
I-1 Limited
1-2 General
Development
Park
Industrial
Industrial
Lot Area
40 acres t '
1.5 acres
V2 acre
1 acre
Lot Width
300 feet
100 feet
100 feet
200 feet
Building Setback from
40 feet
40 feet
40 feet
40 feet
public street (see also Sec.
11.20, subd. 6C)
Building Setback — side
20 feet
20 feet
20 feet
20 feet
Building Setback — rear
20 feet
20 feet
20 feet
20 feet
Parking Setback
20 feet
20 feet
20 feet
20 feet
from public street and
property guided (2) P, Parks
and PF, Public Facilities
Parking Setback —side
5 feet
5
feet
5 feet
Parkin Setback — rear
5 feet
gee5
5
5 feet
5 feet
Building, parking and
50 feet
50100
feet
100 feet
outdoor storage (3) setback
adjacent to properties
guided (2)for residential
use when properties
direct! ; abut each other
Building and outdoor
50 feet
50 feet
50 feet
50 feet
storage) setback adjacent
to properties guided (2) for
residential or public use
when properties are
separated by a street, or
when directly abutting
property guided(2) P, Park
and PF, Public Facilities
Buildinp, Hei rIit
45 feet
45 feet
40 feet
40 feet
Building Coverage
20%
40%
35%
35%
N of total lot area)
Note: Additional lot requirements are outlined in Subd. 21.
(1) For R -D district, the minimum required 40 -acre lot shall only pertain to the initial
planning and rezoning and shall not preclude the subsequent subdivision of an area
into small lots for development in accordance with plans for the overall area initially
rezoned.
(2) Land use guide designation per City's Comprehensive Guide Plan.
(3) In the BP and RD districts, outside storage shall not be allowed. Long-term outdoor
parking or storage of commercial tractors and trailers is also prohibited.
(4) In BP districts, building heights up to 80 feet may be permitted subject to air traffic
corridor regulations and a one -foot increase in setback for each additional foot of
building height over the maximum allowed per subdivision 20, up to a maximum
setback of 60 feet on the front and 40 feet on the side and rear yards.
Section 6. Eagan City Code Chapter 11 is hereby amended by renumbering Section 11.20,
Subd. 22 as Section 11.20, Subd. 19 and by changing the text thereof to read as follows:
Subd. 2-2 19. BP business park district.
A. Description. The Business Park (BP) district is intended to accommodate
development of low intensity office, light industrial and supporting
commercial service uses that may be suitable in relative close proximity to
nonindustrial development. More intensive industrial uses which require
outdoor storage and high truck traffic are excluded. The performance
standards for this district are intended to establish and maintain high quality
site planning, architecture, signage and landscape design to create an
attractive and unified development character.
B. Permitted uses. Within any Business Park (BP) district, no structure or land
shall be used except for one or more of the following uses or uses deemed
similar by the council:
1. Financial institutions and banks (without drive-through).
2. Office and office buildings.
3. Office/warehouses and office/showrooms.
4. Processing, packaging, cleaning, storage, assembling, servicing,
repair or testing of materials, goods or products, when wholly
contained within a building and which meet and maintain all
applicable standards established by the state.
5. Public utility uses.
6. Research laboratories, when wholly contained within a building and
which meet and maintain all applicable standards established by the
state.
7. Technical, vocational and business schools.
C. Conditional uses. Within the Business Park (BP) district, no structure or
land shall be used for the following uses or uses deemed similar by the
council except through the granting of a conditional use permit:
1. Day care facilities.
2. Financial institutions and banks with drive-through facilities.
3. Health care facilities.
4. Health and fitness clubs.
5. Hotels and motels.
6. Off-street parking and loading as regulated in section 11. 10,
subdivision 12. 1, herein.
7. Restaurants (class I).
D. Permitted accessory uses. Within the BP district, the following uses shall
be permitted when incidental to and clearly subordinate to the permitted
principal use:
1. Coffeeshops and cafeterias located within the principal structure.
2. Garage or similar structure to store vehicles and equipment.
3. Parking and loading as regulated herein.
4. Retail sales of products manufactured, warehoused or distributed on
the premises where the retail floor area does not exceed 15 percent
of the gross floor area or 3,000 square feet, whichever is less, of the
building in which the sales area is located.
q 3
FfiTAVYIPTIm
� I �
Ili f! � �:t [ S Tt�•1 •��l i� t• �•� •�7 S[A
five feet (20
Side, i
r
Il\J!�\R•��1•����\7RS\��l!\"�AI�t\'R f•S:1!f�lT[i[�:1. 1:�= :[%.
/t•�l•�•: �:1•[[l�i •[[=-�[1 �l�[[f•If it i•S\��••��•
.BET.fE7S!!R"E'!!
(b) Leading deek deer
-s, faAiags
and other- appwtenamees
shall be
5. Outside step -age. Outside
stefage
shall not be a4ewed.
Long t
shinees> weed
shingles, stmdiag
seam meW,
slate,
file,
9F
raepper,
,
mateFWs>
>quality and appeamaree
as the
pfineipal
stmetwe.
(b) Leading deek deer
-s, faAiags
and other- appwtenamees
shall be
5. Outside step -age. Outside
stefage
shall not be a4ewed.
Long t
Section 7. Eagan City Code Chapter 11 is hereby amended by renumbering Section 11.20,
Subd. 21 as Section 11.20, Subd. 22, to read as follows:
(q 6
Subd 22. Floodplain districts. Floodplain districts may be established under
normal procedures for zoning property established by this Chapter. Floodplain district
zoning shall pertain to those areas of the City subject to periodic flooding. Floodplain
districts shall be a zoning in addition to the base zoning district. Where a conflict may
arise between the requirements of the base zone or the overlying floodplain zoning, the
requirements or regulations related to floodplain zoning shall prevail. Floodplain
district regulations shall be established by a separate section of this Chapter.
Section 8. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation"' and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 9. 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:
MR
I P'►gAA
Lv"v
Revo6l95 Minnesota Lawful Gambling
For Board Use Only
Fee Paid
Application for Authorization for an
Exemption from Lawful Gambling License
Check #
Initals
Date Recd
Organization :Informa:tion
Organization Name--Dc
Previous lawful gambling exemption number
Street City Siate Zip Code County
C{338 um*n,SSO-3 ►) a�+C-
Name of Chief Executive Officer of organizab n (C Cy.at r
First Name Last Name
Daytime Phone number of C c,�a,,,r
Ckli-� - �G,.L4bI
( ) -233-2533
Name of OFg-anization Treasurer
Firstrst Name Last Name
Daytime Phone Number of Treasurer
C\►'�-�C � G..c.c .
( ) 733`2533
Type. of Nonprofit Organization
Check the box below which best describes
organization
Check the box that indicates the type of proof attached to this application
your
by your organization:
;J�:j IRS letter indicating income tax exempt status
Fraternal
OCertificate of good standing from the Minnesota Secretary
Veterans
of State's office
Religious
[:3A charter showing you're an affiliate of a parent
nonprofit organization
Other nonprofit
Oproof previously submitted and on file with the Gambling Control
Board
'Gambling Premises Inform'
Name of Establishment where gambling activity will be conducted
Street City State Zip Code County
2— -2. O —IFC9- M N SS �t-1--- I��.�•. d -
Date(s) of activity (for raffles, indicate the date of the drawing)
Check the box o boxes which indicate the type of gambling activity your organization will be conducting
[:3 Bingo Raffles 0 Paddlewheels Pull -tabs E:] Tipboards
Be sure the Local Unit of Government and the CEO of your organization sign
For Board Use Only
the reverse side of this application.
Date & Initials of Specialist
Local Unit of Government Jurisdiction
Is this -gambling premises located within city limits? M Yes E] No
If Yes, write the name of the City:
City Name
If No, write the name of the County and the. Township:
County Name
Township Name
Check the appropriate status of the Township: L.lorganized pxnorganized unincorporated
7Local Unit Of Government Acknowledgment
1. The.city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control
premises is within city limits. Board if it is denied by the local unit of government.
2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application.
tion if the gambling premises is not within city limits.
Upon submission of this application to the Gambling Control Board, the exemption will be issued not
more than 30 days (60 days for cities of the 1st class) from the date the local unit of government
signed the application, provided the application is complete and all necessary information has been
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below. Cities of the first class have 60 days in which to disallow the activity.
City or County Acknowledgment of Receipt of
Application
Signature of person receiving application
Township Acknowledgment of Awareness of
Application
Signature of person acknowledging application
Date ,f(eceived:r Date Signed:
Title of person receiving application Title of person acknowledging application
Oath of Chief Executive Officer
I have read this application and all information is true, accurate and complete.
Date:
Submit the application at least 45 days prior to your sch'dduled date of activity.
Be sure to attach the $25 application fee and a copy of your proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 300S
Roseville, MN 55113
This publication will be made available in alternative format (i.e. large print, braille) upon request.
Questions on this form should be directed to the Licensing Section of the Gambling Control Board at
(612)639-4000.
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the
Greater Minnesota Area or 297-5353 in the Metro Area.
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your
compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information
that you supply on this form will become public information when received by the GCB.
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