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09/03/1996 - City Council Regular
AGENDA RAGAN CITY COUNCIL - REGULAR MEETING RAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 3, 1996 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) r IV. BUILDING NON-VIOLENT.COMMUNITIES PEACE BY PEACE/UPDATE BY JOANNE SEABERG V. DEPARTMENT HEAD BUSINESS (BLUE) �. A. CONSIDER, City Code Amendment to address disruptive presence at schools or public places VI. CONSENT AGENDA (PINK) J A. PERSONNEL ITEMS B. RECOMMENDATION, Airport Relations Commission, Support of Aviation Noise Limit Act C. CONTRACT 95-16, Approve Change Order #2 (Well #18 - Pump) D. CONTRACT 96-02, Approve Change Order #2 (Well #18 - Site Improvement) E. PROJECT 691, Receive final assessment roll/schedule public hearing (Clemson Drive) ft0 F. PROJECT 681, Receive final assessment roll/schedule public hearing (Nicols Road) 7 G. PROCLAMATION, Declaring October 26 "Make A Difference Day" / H. AMEND, Development contract completion dates for DeLosh Addition - Wayne Brekken a3 I. AMEND, Development contract completion dates for Town Centre 100 Sixteenth Addition - Allina ,2,oC c J. PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT and FINAL SUBDIVISION (Safari At Eagan Third Addition) Fortune Realty t X02 K. PUBLIC WORKS COMMITTEE ACTION (Eagandale Corporate Center) L. FINAL SUBDIVISION, (Eagandale Corporate Center) Maplewood Acres Inc. 4 M. FINAL SUBDIVISION, (Seneca Hills) IGA Investment Group IyN. FINAL PLANNED DEVELOPMENT and FINAL SUBDIVISION, (Timberwood Village) Derrick Investment No. 91 0. ACCEPT QUOTES, Local & Wide Area Network System SI P. RESOLUTION, Approving special legislation authorizing additional on -sale intoxicating liquor license +� 2 Q. KERN, DEWENTER, VIERE, LTD., Engagement letter for auditing services - year ending December 31, 1996 J AUTHORIZE, plans and specifications for Emergency Vehicle Preemption :57 S. CONFIRM PROCEDURE, Investigation, enforcement and possible revocation, r Richfield Blacktop Company Conditional Use Permit r30T. RESIGNATION, APRNRC 31 U. EXTENSION, for recording of the plat for Galaxie Cliff Addition (Kindercare) (30V. TOBACCO LICENSE, Cellars Wine & Spirits II. 7:00 - PUBLIC HEARINGS (SALMON) .r 3 A. VACATE, Aldrin Drive B. PROJECT 708, (Wescott Road extension & Pilot Knob Road signal revision) VIII. OLD BUSINESS (ORCHID) P,1 3q A. PRESENTATION of Community Survey/Wallace Group IX. NEW BUSINESS (TAN) k2 4 / A. AMENDMENT, City Code Chapter 6.37 and 10.01 regarding the Licensing of Construction Debris Haulers and the Storage of Construction Debris 4 7 B. CONSIDER, Petition for stop sign - Deerwood Drive at Riverton jSY CONSIDER, Petition for stop sign - Wilderness Curve & Wilderness Lane D. CONDITIONAL USE PERMIT, Citi -Cargo Storage Co. Inc., to allow outdoor storage of semi -trailers as a principal use on Outlot B, Mardelann Addition, located.north of Blackhawk Road, south of Yankee Drive and west of Trunk Highway -13 in the N 1/2 of Section 17 j E. CONDITIONAL USE PERMIT, Shaw -Lundquist Assoc. Inc., to allow the outdoor �- storage of construction equipment on Lot 2, Block 1, Eagandale Center First Addition, P.I.D. #10-22490-020-011, located on West Service Road in the NE 1/4 of Section 3 F. CONDITIONAL USE PERMIT, Derrick Investment, Inc., for processing fill material (pulverizing black dirt) on property located at the NW corner of Pilot Knob Road and Towerview Road P.I.D. #10-09000-011-02 in the NE 1/4 of Section 9 I G. FINAL PLANNED DEVELOPMENT, Car Care Muffler & Brake, to allow construction of a muffler and brake shopon Lot 4, Block 1, Thomas Lake Center located east of the Texaco station on Cliff Road and Thomas Center Drive in the SW 1/4 of Section 28 H. CONSIDERATION of proposed 1997 Property Tax Levy, Proposed 1997 Budget; Set Truth in Taxation Hearing Dates X. LEGISLATIVE/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, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 30, 1996 SUBJECT: AGENDA INFORMATION FOR THE SEPTEMBER 311996 EAGAN CITY COUNCIL MEETING After approval of the September 3, 1996 City Council agenda, regular City Council meeting minutes for August 20, 1996 and special City Council meeting minutes for August 20, 1996, the following items are in order for consideration. ACTION TO BE CONSIDERED: To approve a resolution supporting the `Building Non -Violent Communities... Peace by Peace" campaign and pledging to support and sustain violence prevention efforts and work towards eliminating violence in our community. BACKGROUND: Joanne Seaberg of the Dakota Council for Healthy Communities has requested to speak at the September 3, 1996 City Council meeting, in order to explain the concept of healthy, non -violet communities. At that time she will have peace packets to hand out to the City Council. The Council may recall, at this time last year, the Council approved a resolution for the same group entitled "Building Bridges.... Peace by Peace." The project has been put together by the Violence Prevention Initiative (VPI) of the Dakota Council for Healthy Communities. The VPI is working with other groups, communities and businesses to plan and implement a county -wide violence prevention campaign beginning in October, 1996 and lasting throughout the year. Their goal is to develop and support county -wide strategies that promote safe and secure homes, schools, workplaces, public places and communities. ATTACHMENT: ► Attached on page 4?_ is a copy of the proposed resolution. CITY OF EAGAN RESOLUTION BUILDING NON-VIOLENT COMMUNITIES .... PEACE BY PEACE WHEREAS., we want our homes, schools, faith communities, workplaces, public areas, and individual communities to be places where all feel safe and live in peace; and WHEREAS, violence is actions and words that hurt people; and WHEREAS, it requires the actions of all to eliminate violence from our lives and communities; and WHEREAS, we recognize the interdependence of government, schools, businesses, faith communities and neighborhoods, and thus believe the best way to ensure our communities' futures is by working together; and WHEREAS, we can all educate ourselves and our children about healthy ways to resolve conflicts and to respond to anger; and WHEREAS, October, 1996 is being designated as Violence -Free Minnesota month and Domestic Abuse Awareness month, with October 10 as the nationally recognized Turn Off the Violence Day; and WHEREASthe Dakota Council for Healthy Communities invites individuals and community groups to participate actively in the BUILDING NON-VIOLENT COMMUNITIES... PEACE BY PEACE campaign; NOW, THEREFORE, BE IT RESOLVED, the City of Eagan does hereby support the "Building Non -Violent Communities.... Peace by Peace" campaign and pledge to support and sustain violence prevention efforts and work toward eliminating violence in our community. Motion made by: Seconded by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Attest: CERTIFICATION Its Mayor Its Clerk 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 day of '1996. E.J. VanOverbeke, City Clerk City of Eagan M Agenda Information Memo September 3, 1996 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS ACTION TO BE CONSIDERED: To approve or deny authorization for staff to prepare a City Code amendment to address disruptive activities at schools or public places. FACTS: The Police Department has recognized situations where disruptive activities in schools and public places require additional enforcement but do not meet statutory definitions for disorderly conduct. ► Staff has identified language from surrounding communities' codes which more specifically define disruptive presence and provides law enforcement officers, school officials or the Parks and Recreation Director to order disruptive persons off such property. ATTACHMENTS: Staff memorandum on page � . 3 A-, POLICE DEPARTMENT MEMS. _ city of eagan DATE: AUGUST 21, 1996 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN CHIEF OF POLICE SUBJECT: SEPTEMBER 3RD CITY COUNCIL AGENDA DISRUPTIVE PRESENCE AT SCHOOLS OR PUBLIC PLACES The Eagan Police Department has had a number of situations where people have been disruptive in school buildings, school grounds and parks. Police Officers have not been able to effectively deal with some of these incidents because they did not meet the Minnesota Statute relating to disorderly conduct. At a recent meeting with school officials from 196, they shared language from the City of Apple Valley and Rosemount City Codes which regulate that type activity and gives the police officer a tool to deal with disruptive behavior. I would like to recommend the following language which occurs in the City of Apple Valley's code entitled, "Disruptive Presence at Schools or Public Places: It shall be unlawful for any person to enter or remain in any school or public place after being ordered by any law enforcement officers, school official or the Director of Parks and Recreation to leave or refrain from entering; provided, however, that the authority of the schools officials hereunder is limited to schools and the authority of the Director of Parks and Recreation hereunder is limited to city park and recreation facilities". If the City Council feels this language is appropriate, I am requesting the City Attorney review it and the appropriate process be taken for adoption. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL :::::00gan, Minnesota ::August 20, 1996 A regular meeting of the Eagan C. i:Corinth: �ela-'d i Tuesday, August 20, 1996 at 6:30 p.m. at the Eagan Municipal Center. Preset were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were C6*' dministrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, arid•bity Attorney Jim Sheldon. Councilmember Masin moved, Owncilmember Hunter seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Masin noted typaisrQr.:i5tip ges 12 and 13 and indicated that Stuard should be corrected to Stewart. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 Councilmember Awada moved, qj.41011t t t>it1e?F#linter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Councilmember Hunter requested on page 2, the las4'iieihtence of the first paragraph be corrected to read, "After further discussion, there was a consensus by the City Council that staff review D -II parcels that are adjacent to single family detached developments and approach the owners and see if they would object to changing to D-9 and provide some recommendation as to which parcels should be changed to a D -I status. He also requested on page 3, the middle of the second paragraph be corrected to read, "He stated that he agrees with City Councilmerr y.:,Awada.that:.some open space should be adjacent to residential subdivisions rather than exclusi-vB�:aci4i iring i'iM'OiEe i pen space and that open space need not be just for natural reserve preservation..::�0uncilmea lid Awada concurred with this change. There was some discussion if the Council had eliminated the -*xtreme northeast site in addition to the West End Hunting site. It was determined that the Council had;wly eliminated the West End Hunting site and tabled the extreme northeast site for further coi ii.derat:ion::.,:.-1 ounaitmember Hunter further requested that, in the same paragraph further down, the following;5 r ris :s d:b0 added, "!t was further agreed that the Dart property acreage be reduced to 900." Councilmember Wachter requested on page 4, the last sentence of the fifth paragraph be corrected to read, "City Councilmember Wachter stated that, in his opinion, it would be expensive to engage in a winter pathway maintenance program and wou1 ;h0,*.1*ep ical about appropriating any resources or public dollars to such a program, stating that his liability of slippery conditions." Councilmember Awada moved, Cofiiicilmember Hu4i~ ..'seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 2 Councilmember Wachter presentd:Cirttrtgf?arks Recreation Vraa with an article regarding wildflowers and working with schools and le ih thtlr> 'bWrt'tiackyards. In regard to Item B, Tobacco License Bverly's. 1299 Promgnade Place, Councilmember Masin questioned the need for Byerly's to sell all the tobacco products noted on their license application form. Councilmember Wachter agreed with her concern. He was also concerned about the self-service of merchandise after 10:00 p.m. and added;that it should be locked up after that time. City Administrator Hedges stated the self-service is in conjunction witir:ihe curfew and that it becomes a marketing issue on Byerly's part. Councilmember Masin askd if it w4io be worth sending Byerly's a letter asking them to reconsider the sale of all these tobacc6::products::`:::Hedges said that a study could be conducted of convenience stores and other stores to f*id.;oux:what.tobalrco..products they sell. Mayor Egan noted that the style in which the license form is coi7igei;izy:v;i'j+: i R'otig applicants, which may account for the difference between Byerly's form and other applications. In regard to Item D, Final Planned Development. Cattle Company. Lot 4. Block 2. Eagan Promenade, Councilmember Masin asked staff if the drawings were the same as those the Council talked about before. Senior Planner Freese stated they were consistent with what the Council saw before but added they are not exactly the same. She said the previpps.:drativings contained more benches, but added they are consistent in the theme and design as tP.-miat S+u;3s:reviewed earlier. Councilmember Masin asked about the Stuart Anderson building and wohti i :t*:ensure:t at everything was removed that was discussed before. Freese noted that the adjustments' have been n:iecJe. In regard to Item E, Revised Development Cdact:of 1. Block 1. Galaxie Cliff Addition No. 1 (Kindercarel, Councilmember Awada wanted to know What: `:Plans are for this proposal. Freese stated that the final plat will be recorded, but added that they have another building project that they are doing now and will not be building until next spring. U31111111'1[' Item 1. It was recommended to approve tale::tikjhq of to assist with election and front counter/race066W:d6 Item 2. It was recommended to approve the seasonal basketball referees. Item 3. It was recommended to apo Time/Scorekeeper for summer basketball. K as a temporary part-time clerical worker lah the November 5 election. of Rick Griffon and Richard Adams as temporary Foster, Jr., as a seasonal part-time Item 4. For information only; no action required. Julie Kaufman -Boom was hired as the Clerical Tech II/Receptionist/Central Services Maintenance. B. Tobacco License, Byerly's. 1299 Promefaite Place. 'ft`vcias recommended to approve a tobacco sales license for Byerly's in the Promenade. C. Final Planned Development. Dairy "Oen. Lot 1. Block J*�::Eagan Promenade. It was recommended to approve a Final Planned Developmtt l::to..allo .:.cpr}str4ictttiit of a 2660 s.f. class 11 restaurant (Dairy EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 3 Queen) on Lot 1, Block 1, Eagan Prometide, located on the north side of Yankee Doodle Road, west of Denmark Ave. in the SW 114 of Section #}:: D. Final Planned Development, Cattle Co�0W .L-6f4;;,�:�gan Promenade It was recommended to approve a Final Planned of a 6650 s.f. class I restaurant (Stuart Anderson's Cattle Company) with a seatrrsg:capacity of 260, on Lot 4, Block 2, Eagan Promenade. E. Revised Development Contract, Lot 1. Block 1, Galaxie Cliff Addition No 1 (KindercareL It was recommended to execute the revised development contract for Galaxie Cliff Addition No. 1 (Kindercare). F. Waiver of Subdivision. Government Lot 7 in Sect. 18 (may Fuchs), It was recommended to approve a Waiver of Subdivision to formally sepal a portion of Government Lot 7 located west of Trunk Highway 13 and Silver Bell Road in the SE Quarter::of Sectipfj:18. G. Acknowledgement completion of Cont4 ($chwanz Lake Water Quality Improvements) and authorize final contract payment. It was...recoM- endo.d..to..acknowledge completion of Contract 95-21 (Schwanz Lake Water Quality Improvement ):aftd: 4 i of ze # contract payment. H. Contract 95-08 Approve final payment/authorize City maintenance (Oslund Timberline Add Street Reconstruct wo It was recommended to approve the final payment for Contract 95-08 (Oslund Timberline Addition - Street Reconstruction) in the amount of $5,140 to Master Asphalt and authorize perpetual City maintenance subject to warranty provisions. I. Amend Civic Arena Budget. It was recomme and the establishment of an equipment w2V*4 J. Exemption from gambling license. Ducks:U an exemption from gambling license for Ducks K. Tobacco License, Green Mill Restaurant. It was Green Mill Restaurant at Rahn Cliff Court. the amended Civic Arena budget for 1996 set aside. lapter. It was recommended to approve Chapter. to approve a tobacco license for the L. Exemption from gambling license. Valley Viewers 4-H Club It was recommended to approve an exemption from gambling license for Valley Viewers 4-H Club. Councilmember Hunter moved, Cwarhei tb i R#asiii: seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 SPECIAL-:��Olky:C AfI1TTEES City Administrator Hedges gave an overview on this item. Councilmember Masin noted that most committees and commissions appoint members to serve a three-year term. She stated the term for these special committees should also be for three years to stay consistent with the other committees. Councilmember Wachter stated he is not irl:tci�it::c#::i#tsnirtg a City Charter Committee. He added the Community Vision Committee could work.wit:#Me'Zinicig:2thd Comprehensive Guide Plan Update Study Committee. He noted the community is alteady doing a lot tilt::Ihe youth and questioned how much more should be done in regard to forming a Yolitfi Committee, CEitJflcilmember Masin stated her thought was having youth on the committee talking gl;it Ot their expectation;"*:;rather than doing something more for the youth. Councilmember Hunter asked'.4t..there .,v Q$..:are; dt : a youth participant on a recreational EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 4 subcommittee or Parks Commission. Direiior of Parks and Recreation Vraa stated there was, but added that is was dropped because of nonpa&6pation. He added School District 196 has a Youth Advisory Committee the Parks Department receives.: input; fomb4t.noilyd they do not receive any input from the other two school districts. Councilmember Hunter stated thit';E6e City should be a Part B City form of government. He added that what the City is doing now is workin�;:clnd it is not worth forming a whole new committee. He further added he does not like creating committees, since they imply that they are long-term or permanent. He said he prefers the word task force which implies they do their job and then disband, He noted that he is not in favor of the City Charter Committee or the Youth Committee. He stated with regard to the Youth Committee, he would prefer to expand what is already being done for youth with School District 196 to include the other two school districts. 4� )I entioned that the Community Vision Task Force Committee is needed. He stated he did not feel there::was a 00W for a Capital Budget Committee and added that people have opportunities to comment:::on capite; heeds. He went on to say that the Zoning and Comprehensive Guide Plan Update Study":-Committi pJs also needed. Mayor Egan agreed with Counciltnee #!nttss{ipiiCism about forming committees just for the sake of forming them. He added that the City does not ave the staff necessary to manage all these committees. He also added that most of the commissions and committees the City has now are statutorily required or were formed for a very specific long-term purpose. He stated he would like to call one or more of these proposed committees a task force, which indicates that there is a specific task in mind and once the task is completed, the task force would be disbanded. He. discussed grouping some of the proposed committees together. Councilmember Wachter noted that:Agr}:tii City of Eagan was formulated the Council thoroughly studied the charter city form of government:and this comii1ittee was in place at that time and they felt that the current form of government was best fbrJf*' Juture of'the City. Mayor Egan stated he could not see making one or more people be responsible for fve*:rrir;re': committees on any long-term basis. He added that the formation of a City Charter Committee could 'hdled by another committee and jointly supervised for visioning purposes. He noted that the City CounCfl meets several times throughout the year and holds public hearings regarding the budget and receives a great deal of input from people. He further added that the number of people who have attended Truth -in -Taxation hearings has declined in the past five years and does not feel it would be appropriate to add another layer of bureaucracy by creating a Capital Budget Committee, Councilmember Masin stated that:feeniiioriii:piiiie appointing individuals to committees who have expertise in areas that would be belie 61 to tt ':committee and that staff would only have to provide limited input. She added that she felt it would be appropriate to create a Public Works Review Committee to deal with issues involving the City's reliefs. Councilmember Awada agreed iiilfitdi 66hit, #fat there was no need for a Capital Budget Committee. She said the City should look at a Charter at some point in the future. She also agreed that the committees should be disbanded when their task is finished. She suggested having a committee to do a zoning and comprehensive guide review, but she added that it would need to be done when the City has a Community Development Director. She further suggested creating the Community Vision Committee now and creating the other ones as needed.:-::MkW::&. .noted that the outcome of the first committee may serve to determine where the Councit.:e; d ' fr4 ...:ttjere. Councilmember Awada moved, Councilmember Huntif:seconded a motion to direct staff to prepare an in-depth description about a Comma.*.. Vision Task Forc#;::: EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 5 Councilmember Wachter added:::ttiat he did not feel there was any need for a City Charter Committee and further added that he has:*:riot heard any complaints regarding the form of government currently in place. City Administrator Hedges stated'i iaf' He irr aiiort'of a`Community Vision Task Force is a logical starting place and will satisfy many of tli?pbjectives raised by Councilmember Masin. Councilmember Masin said that she feels the Community:Vision Task Force should have more members than three and suggested advertising be undertaken. Roll call was taken on the motion. Aye: 5 Nay: 0 PROJECT 638R, FINAL ASSESSMENT HEARING (YANKEE DOODLE RD.) City Administrator Hedges gave::tiieTtiriw; of3.#his: item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the pts(iiic ltii;ariig:toiijtpijwishing to speak. Gar Herschgen, Legal Counsel for Dart Transit representing Maplewood Acres, Inc., addressed the Council and stated that they submitted a written objection to the proposed assessment. He added that John Hoeschler, Attorney for Maplewood Acres, the owner of the property, may have been working with Jerry Wobschall, City consultant, and requested a continuance of this item in order to work out the method of computation when Mr. Wobschall returns from vacation. He referenced page two.:of their letter which requests that, if their property is developed at a use other than industrialr:,*ne-';council provide a credit to ensure a fair assessment. City Attorney Sheldon stated .thy#::sse;saieiis are based on estimated project costs and adjusting them later becomes impossible::O:hd::lt:i "difficult:lo be fair. He added that state law requires the City look at the assessments at the time�of,the. project; ;but it does not preclude a future Council from considering various aspects at the time develbo i74.'ehfvould occur. He further added that state rules require assessments be for the amount of the benefit only afiittiiar ;classes of property need to be treated the same. Mayor Egan said that by submitting their written d:giotija"� ' ' they have reserved their 30 -day right to appeal. Councilmember Awada stated that if the Council was to assess them at the industrial rate, even though they may be encouraged not to develop the property as industrial, it would give them more rights. Brad Gunn, Attorney representing Gopher Resource Corporation, and stated they also submitted an objection. He added that Gopher has retained an appraisal firm to help them assess and evaluate the impact of the project on the market value:<>f.th' :property : fl6 further added that the appraisal has not been completed, but when it is finished the? wiifl'mitli�staf "to try and work something out. Mayor Egan restated that they have also reserved tfii'r-:30-day -hee#.vrjj if to appeal by submitting their objection. There being no one else wish inOO.*speak, :lVl*Yor Egan turned the discussion back to the Council. Councilmember Awada noted that she wti ti:li ; o:f -ft":the Dart parcel because it is important that this parcel does not develop, or rather tl'raf1-t*'d'evefop'�:IQli;s:*iieavy uses than industrial. She referenced the proposal submitted by Maplewood Acres that states an alternative would be to assess the property at the residential rate and then they would agree to pay the higher rate if the property develops as industrial. City Attorney Sheldon stated that there are no alternatives under the process the state law provides. He added there may be some way that this issue _Wuld;.bs resolved, perhaps if they applied for combined rezoning. He further added the state law pro;3�s:WWii.v�.Council has to assess similar classes of property the same. Mayor Egan stated that if the.:i✓attndilmufua ji agreed with the landowner and the developer that whatever the development scheme i�� $tiperior to the U. lying 1-1 or industrial zoning classification, a credit could be contractually negotiated... Councilmember Wachter moved:,:' ngilral �r:Htit* 6r seconded a motion to close the public EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 6 hearing and approve the final assessment::trill for Project 638R, Yankee Doodle Road (Lexington Avenue - TH 149) and authorize its certification to::#7akota County and also acknowledge three written objections. Aye: 5 Nay: 0 CAPE .: PURCHASE PROPOSAL City Administrator Hedges gave an overview on this item. Mrs. Caponi addressed the Council and stated they have been working with the Council on this process for a long time. Hedges stated the appraisal value ranged from $21,500..-...$22,000 per acre and accounted for the entire 30 acres. Councilmember Hunter asked how many'. eipres were..north of the acres not being included. Mrs. Caponi stated there were approximately 15 ages, inclui iig the road right-of-way. Councilmember Awada referenced the March 21, 1996 and April::1:6, 1996:.0rinutes. She referred to the April 16 minutes which stated, "Director of Parks and Recreation Vraa asked the Council if their direction was that he was to go out and get an appraisal on the 30 acre::parcel:::::Qity:.CounpilmMber Hunter said yes, Director of Parks and Recreation Vraa told the Council he: v.i3E: ttiie::aR l' is'' and bring it back to the City Council. It was his understanding that the Council would then offer to purchase the land from Mr. Caponi for that amount before the item could be considered for the bond referendum and that a price would have to be agreed upon. He said it was his understanding that the Council wished to avoid as many entanglements as to what the City would do with its land should it eventually own it. As he saw it, the Council was proposing acquiring the land for open space and the only entanglement would be the construction of a parking lot." She stated that the only difference betw4ti>itat the Council directed in April and this proposal is that the Caponis want to keep the.{.... .;;J vasea and develop it themselves, which is the five acres they took out of the 30 acre parcel;::::fie lidded that: Mr. Caponi called her after the appraisal came back and wanted to talk about different°options..and thatJ0 when he expressed the desire to remove the parking lot from the acres to be purchased'by:tlie: ity:::..She further added that they are asking for a higher purchase price of approximately $3,000 per acre tlt�trt:ttt:i?:the appraisal. Councilmember Hunter commented that if the five acres of the most buildable land are removed, then the difference between the appraised value of $22,000 per acre will drop and the difference between the appraised value and the asking price of $25,000 will be even more than $3,000. He stated he does not feel it would be prudent to pay higher than market value for the property. He also stated that he does not know why the Council would agree to this three weeks before a referendum which would enable this purchase to occur. He added that even;:]€::tills:::C:ounci#:p�ld: agree to do this, they would circumvent everything they have been saying to the: itr,'viili i1: :s tltiai-there would be a list of candidate sites and, after the referendum, the list would be.oppritized ikr** `appraisals done. He noted the whole reason for having more parcels on the list than needed is to get the best possible price for the park land. Councilmember Awada said that-:lat the April 16 meeting to staff and the Caponis to negotiate and make an offer.'; iif6i 6'tfi :66to tl::riiiErendum. She added that the reason for Mr. Caponi's request to purchase the land now is because they have an offer on this property and they also have assessments that are due. She further added that the offer they have received is more than they are asking the City to pay. Cheryl Caponi mentioned that they::dye:;3iis..:Vorking with the Council on this purchase on a different track than those properties listed:;as':O'hdidali:iiit s --fpr the bond referendum. She noted that the Council had the information from the appraidal back in June*::W the Caponis were first informed in August of the numbers and that is the reason they have responded' now. She stated they support the bond referendum and open space in the City:iiia they do not want:td: jeopardize the upcoming referendum, but added they have personal commitments :4>.b 9p.....i as another offer before them. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 7 Councilmember Wachter stated fib: is not opposed to Mr. Caponi's dream. He added that the chance for him to' realize his dream is to: -s -4 -ll his land to a developer to get the most money. He further added it does not make sense to purchase. ,a,.parcel of.prgpetty, that does not have good access and is mostly all water. He said there would b64t .-- 0—V.a W :;►K:ti! :City to purchase this land for open space, since they already have 531 acres of open:.sprace' hoW*tFsi *9te' hot being utilized. He mentioned that an appraisal was done, but does not know Wi ere it was stated that the Council made an offer to use that appraisal for the purchase price. Counci(i ;ember Awada stated it was in the minutes. Councilmember Hunter noted that the minutes state that Director Vraa said it was his understanding that the Council would then offer to purchase the land. He added that it should have said might purchase the land instead of would purchase the land. He further added that the rest of the minutes supported the Council's position that they did not want to make any commitments and they wanted to wait until after the referendum. Councilmember Wachter notedtUt in othiOK:meetings he and Councilmember Hunter told the Caponis they should sell the south portiorj:fqr developi'i�ent and they would have the money to develop their art park. Mayor Egan asked about the Zoning of tt3o:south portion of the land. Hedges stated it was all zoned Public Facility. Mayor Egan added3hat.;#ie.possibility.of.this land developing in any rapid fashion is not likely, given the current zoning. He:sief::tiat:#ie::iias:5i?{ised to have received this letter from the Caponis asking the Council to make this decisi6h'2'1'days before the park referendum. He stated the referendum would not have any chance of passing without credibility. Mayor Egan agreed with Councilmembers Hunter and Wachter that if the Council had extended an offer to purchase the land at the workshop meeting, it was contingent upon the successful passage of the park bond referendum. Mrs. Caponi stated they have always assumed that-Vifil"' rchase was contingent upon the passage of the bond referendum. Mayor Egan said thate is contingent upon the successful passage of the park bond, then the financial tools .w.0uld t :airailatrle;to purchase the land. He added that there are two questions before the Council, one btirtg is. this prudent land for the City to purchase and two, is the City agreeable to the purchase price. Counoi(ntber• Awada stated that she would never want the Council to agree to purchase any land unless it wasrf coriiii g ., 6:ft-.passage of the park bond. Councilmember Wachter mentioned that there are several parcels of''pr6k' : that are under consideration, and that successful passage of the park bond does not mean the Caporii*parcel will be purchased, but rather it will be subject to further review. Councilmember Awada indicated the Caponis are looking for the Council to express their intentions to purchase the property. Councilmember Wachter asked why anyone would want to sell their property at a reduced rate if they had an opportunity to get more money from a different source. Mrs. Caponi stated that they are committed to the park and feel it would be a benefit to the City as open space. Councilmember Hunter askedw is groped to be built on the 15 acres to the north if the Council purchases this property. Mrs. Caponi stated'fhe plans are to construct an entrance and a parking lot, a pavilion for classes and events ai ct::an outdoi6i: amphitheater. Councilmember Awada suggested giving the Caponis an expression of intent ::: he.a... Q.tbat:it;wculd not be a guarantee, but would tell the Caponis the Council intends to purchase:tt>e:�aiii ::lf:tfie g fl :ted passes, but if it fails the Council would not do anything. Councilmember Hunter stated that by doing this the Council would be singling this parcel out from all the others, pay above market value for this parcel and commit to doing it before the referendum. He further stated that the purpose of the candidate list is to get the lowest possible price for the land. Councilmember Awada added that she does not feel the Council would be over paying for this land. Councilmember Wachter stated he is n,ot:fi:#a:p#;the process being considered tonight because it does not give the taxpayers the opportunit : Xpress:tFieMselves in their vote. Councilmember Awada stated the Council has been criticized repo.Odly by not stafA'6:which parcels they were going to purchase. Councilmember Masin stated she finds 1 6.0roblem with the'pitoposal other than the timing. Mayor Egan concurred with Councilmember Masin::*lid noted that the ;council has represented that it is in the community's best interest to have a bpoO ren e,;of.,capd!d o parcels available in order to have the EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 8 leverage to negotiate the best possible pUr cf i3se price. He noted that the Council is being asked to commit to paying what could be perceived as beli'ig more than market value for a single parcel of land and to guarantee to that landowner they will be selected;:.•He.further. noted that this could affect the credibility of the referendum, as well as the credibility Bea Blomquist addressed the C&66cil and stated this parcel is landlocked. She noted that the Council said they did not intend to discloO: the list of parcels on their fluid list and that this proposal is exactly the opposite. She added that she feels the Council has not told the people what the Council wants. She further added that there are only 21 days before the referendum and now the Council is debating on a site, when they told everyone they were not going to disclose the sites. Mayor Egan referred to a newsletter that was sent to every household in Eagan that listed all 20 of the candidate parcels. He stated the (ititention o..1he Council is to take off this list the parcels that are most appropriate and those that are mcisf::willing t::gell at a reasonable price. Councilmember Awada noted that the Caponi parcel is not lanidl&ked a6d::':has access from the south. Discussion occurred regarding the access of the parcel. Ms. ;B Wst: stated, the., topography would require improvements to allow access and it is a difficult site to ge ::to fcoil�.tl :#i�i'k::: .... Vince Kennedy, 1415 Lone Oak Road, addressed the Council and stated that the 531 acres of open space the City already has could be better utilized. He referenced the minutes and stated that to him it appeared to be a foregone conclusion that the City was going to purchase the Caponi land, but added to approve it at this point would take the Council's credibility to zero. He questioned how the appraisals are being paid for. City Administrator Hedges stated the:aptsi`aFisal for the Caponi parcel was paid for out of the Park Site Fund. Councilmember Hunter stated th6f 6 bouple of Coi hcilmembers were in favor of putting the Caponi Art Park on the referendum as a separate•:00e0bn;:.but he added that there was not a consensus so a compromise was reached to include it with therest :th'itandidate sites. Councilmember Awada added that the Council has been divided over the Caponi issu6.':':Sfie::O�ted that the prices for the parcels of land would increase if the Council were to choose them with unwilling sellers. She further stated that the only seller on the list of 20 who has approached the City is the Caponis and she added that the Council has been open about the fact that they want to purchase part of the land as City park land. Mayor Egan noted that the Caponi parcel has unique features. Councilmember Wachter stated he is not opposed to Mr. Caponi's idea of an art park, but added he is opposed to making a commitment to buy the parcel without the taxpayers' consent. Mr. Anthony Caponi addressed ftXouncil::4ihd'stated that his intent has been to create a public art park. He added he is not trying to do anything underhanded nor is he looking for favoritism and further added he is only looking for a response: 4�:the Court's intent. Tom Pedersen, 4279 Amber Driv#:adt°1c661£ i#e Ciixrieil and stated he understands Mr, Caponi's frustration and asked if the City Council has been indicating they are going to commit to him. He asked why an appraisal had been done on the Caponi property, since the newsletter indicated that appraisals of candidate properties would not be solicited until after a successful referendum. Mayor Egan stated that the Council has been dealing with the Caponi issue for many years and, during the negotiations, the appraisal had been done. Councilmember Huti;:atldrf .that, if the park bond referendum is successful and Mr. Caponi is still interested in selling tkil:a 2tres;rttther appraisal would be done. Councilmember Wachter noted that the Council has been::w"qitking with Mr. 'CiaOpni and a lot of time and money has gone into this process, He further noted that'the Council has bee;i:objective in establishing this art park, but does not feel it should be added to the tax:#iurden. Mr. Peterson said that the Council's credibility is called into question with regard to the frustratic; -beina .felt:py..Mr.;.: +oni because of their lack of commitment EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 9 to him. Gerald Albright, 4031 Pumice Lane, addressed. the..Council and stated he feels the credibility of the Council would be jeopardized by appri vi!V41ilu: til rs:be# re the bond referendum. Councilmember Awada stated thal the Council needs to talk about the process, if the bond referendum is successful. She asked if #1 i' Council is not willing to make a commitment to the Caponis to purchase their land upon successful passage of the bond referendum, how soon after the referendum they would be willing to act. Councilmember Hunter asked if the Task Force had discussed a recommended process for site selection if the referendum passed. Director of Parks and Recreation Vraa stated that the Task Force had made a recommendation to enlarge the Task Force to evaluate the sites. He added that if the referendum is succeS�.ful, the process would be to begin with an appraisal and then property owners would be contacted. H; ; jrther add0d that he has received phone calls from about half of the property owners on the list and thati>E!;::is appriklrnately three willing sellers. He said that he was not aware of any specific timeline other than::tom:move the:appraisal process along quickly. He added that the appraisal on the Caponi parcel was part of.an:.appraisal: thai.cas already done relative to the assessments on County Road 30. He stated that the ppp;. is y:dpdate i::} *: appraisal from the original appraisal done for another purpose. Councilmember Wachter asked if this appraisal was done before the five acres was withdrawn. Vraa indicated that it had been done prior to that. Mayor Egan stated that there are two issues affecting the Council; those being pre-election credibility and post-election credibility. He further stated that in order to protect the credibility of this election, the Council should not prejudge any parcel of land that,is considered a candidate site at this time. Councilmember Wachter moved, Counpomer 'b-er:'Massiri'seconded a motion to deny the preparation of a purchase agreement by staff to punettas:;approximately 25 acres of land owned by Mr. and Mrs. Anthony Caponi south of Diffley Road for"�City. park lapid* Aye: 4 Nay: 1 (Councilmember Awada opposed) Councilmember Hunter said that the Council slioili:piati for a workshop to deal with the process and do it jointly with the Task Force. Councilmember Awada addressed Mr. Caponi and stated she hoped the City does not lose the art park because of the timing. CONTRACT 96-13, RECEIVE BIDS/AWARD CONTRACT (WOODGATE 2ND & MALLARD PARK 2ND - STREI T::RECONSTRUCT#ON, SLATER RD. - SIDEWALK) City Administrator Hedges gave::ati':overvii i*::oii this item. Director of Public Works Colbert gave a staff report. Colbert stated that the c6 finuation Wthe sidewalk down to Slaters Acres Park has raised concerns from property owners. He ref&6r hoed a patltion submitted by residents that indicated residents are concerned about the impact of the skc0wp ;::aa wel).:as.tha.location. He added that one of the options the Council could consider is to approve 'ttiie::Portiiw:0 - tl ' :t ij for construction of the sidewalk through Whispering Woods 10th Addition development down to Wall Street and then determine whether it should continue all the way to Cliff Road or just to Slaters Acres on either the east or west side. He stated the termination of the sidewalk at Wall Street and Storland Road, intersecting with Slater Road, would be a logical termini to allow the transition to the opposite side of the street. He added that an informational meeting would be held consisting of a larger c rnup:J* ...:t n those who only have property abutting Slater Road. Mayor Egan asked if there is a dispute lilitfi, fhe-pefr5on that suggests the sidewalk be relocated to the east side and also asked if the City WO ild be able to"f .w.j.pially do that along the Whispering Woods 10th Addition up to Wall Street. Colbert'Stated that the inst6ll�tion of the trailway through the Whispering Woods 10th Addition was discussed as:uri::obligation of that ftVelopment on the west. He added that on the east side there is a different developpt, : He. tkL r.adcleti that it would be possible to relocate the EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 10 sidewalk, but stated that from the beginift the knowledge was that the sidewalk would be part of the Cedar Heights development. He mentioned:ttlat the trail would connect to an existing sidewalk in Burnsville that is located on the west side, which served as the rationale for putting the walkway on the west. Councilmember Wachter stated tliat*,16w peop}e i fad frim and said they were satisfied with the white line on the street. He added that ae:lprig as the obligation of the developer from Whispering Woods is established, the sidewalk could go to iE Street and the installation of the rest of the sidewalk could be done later. Councilmember Awada concurred and stated she would like to meet with all the property owners in the area. Rebecca Wilken, 4895 Woods Court, addressed the Council and stated this was described to her as a bike path that would go in 15 feet, wNch would be very close to their home. Colbert indicated the City has standards for constructing sidewaft::and traB,Mys. He clarified that a sidewalk usually infers a concrete walkway about six feet wide arid;:a trailwa ..:is usually bituminous and is about eight to ten feet wide. He added that for both sidewalks �,hd trailways:the setback is eight feet from the back of the curb. Councilmember Hunter stated that even. though .tliese are the standards, there are situations where deviations do occur. Wilken stated she s ppbi#s:�:vvhrba;:liria;: -:Stye asked about lowering the speed limit. Mayor Egan noted that the City has no'Coritrof`dV&:speed: fimits, but rather MnDOT sets those limits. Councilmember Awada asked if the speed could be reduced to 30 mph. Colbert indicated there is special legislation that allows a City to determine a 30 mph speed limit zone, but it must meet certain criteria and this street would probably not meet the criteria. Councilmember Wachter acknowledged Ms. Wiilken's frustration regarding the speed limit. Colbert stated that Slater Road from Burnsville down to Wall Street has single family houses with direct driveway access approxi Oiely every 100 feet for about a quarter of a mile, which would qualify that portion for a 30, mph:zeci�e 66t n to Wall Street. He added that north of Wall Street, mostly back yards back onto..the; s OOa al 6'ks portion would not allow for this designation. Councilmember Awada requested staff to_ ::166k-jhto the possibility of reducing the speed to 30 mph where appropriate. It was stated by a member in.tha*diencelliat the speed limit that is posted is 30 mph and that it is 35 on Slater Road past Wall Street, iitkh;:pf:Stodand. Colbert stated that staff would investigate the speed limit and report back to the Council. Ms:* -V K0n-jnentioned that a trail along Cliff Road is needed. Joe Repya, 4813 Slater Road, addressed the Council and stated that he is representing many of the residents in the area and said that the problem with speed needs to be addressed. He added that many of the residents feel it is not necessary to install a sidewalk, but if a sidewalk is installed it should be located on the same side as the park. He suggested the Council: install a stop sign system on Slater Road. Janie Edwards, 4778 Slater Road,4ddress4d::tfiie Council and said that the residents on the east side should be as equally informed of t4it"Idewalk'asthose on the west. Councilmember Hunter noted th0f:.3,00.0..,3 p. per day generated on this road raises a safety concern and added that it is important td;u0 .00d vs4..=:1. 0 east side of the road. He stated he is in favor of extending the sidewalk on the west side up to Wilftf' let and then possibly having crosswalks that cross over to the east side, Councilmember Awada agreed and encouraged staff to meet with citizens on both sides of Slater Road to discuss the installation of the sidewalk to the park. Councilmember Awada moved, Coungilmettil*r:i-lUnter seconded a motion to receive the bids and award Contract 96-13, with installation .gt::aKl~eKfc:`ortty:,.for the Whispering Woods 10th Addition development obligation (Burnsville to Wal[0� 6it), to the lowsiiftesponsible bidder and authorize the Mayor and City Clerk to execute all related docdMents. Aye: 5 Ni y:, 0 Mayor Egan noted that this is a':t evelopment-relptq#b*. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 11 CONSIDER STOP SI.9.N::RNUI;ST:.=:A4ATER RD. & JAMES ST. City Administrator Hedges gave an.overview on this item. Director of Public Works Colbert gave a staff report. Janie Edwards, 4778 Slat4--Road, addressed the Council and stated that speed is the main problem with Slater Road. Mayor Egan telferated that the Council does not have the ability to change the speed limit and added that putting stop signs in the wrong locations can create more danger than not having them at all. Rebecca Wilken, 4895 Woods .Court, addressed the Council and asked if stop signs at the intersection of Wall Street, Storland and Slater Road•had been investigated. Colbert indicated that accident potential could be researched. He added -::that the::ai distance appears to be good and said that Slater Road was designed to be a neighborh0d3 collect6"::: He did not feel the traffic volumes or site distance would meet the warrants for a stop sigrt:::::Ms. WllCasked if the residents could approach MnDOT and request a speed study. Colbert indicated:.the::COU A.would..l a.ve to pass a resolution requesting a speed study be conducted. Mayor Egan asked 3f:it:iika;:piasiie:ttiat:tltnDOT could raise the speed limit pending the results of the speed study. Colbert described why using stop signs on a major thoroughfare is not always a good solution. Discussion continued regarding the placement of stop signs at various intersections. Councilmember Wachter stated that the portion of street where speeding mainly occurs appears to be midway between Cliff and Wall Street. Colbert agreed and stated that Slater Road narrows down with many direct driveways that have access to the road:: He said that another speed study could be conducted to provide a comparison. Councilmember.:Aviiaca noted that the direct driveway access on the road should warrant a stop sign. Joe Repya, 4813 Slater Road, addressed the Co*U"n" cil and showed a map that indicated where the some of the neighbors were requesting Pat t::of. Stop signs. Colbert noted that if a vehicle were traveling at 40 mph, there would be adequate tim "to:000':Orsiow down once a car is sighted, but a vehicle traveling faster than 40 mph would have a difficult time a . b' an obstacle in the road with that short of sight distance. He added that the placement of a stop sign there would create the same problem of not having enough visual advance notice to see it. He further added that stop ahead signs could provide that advance notice, as well as intersection ahead signs. Councilmember Wachter reiterated that the Council does not have the ability to lower the speed limit. Councilmember Hunter concurred arlti 00d d th4jht : Council can authorize the installation of stop signs. Mayor Egan stated that the intent:tf." e'si'g i hq::r0aft'%-'not to discourage use. He added that the warrants have to be met. Councilmemb&-:Hunter it ted that the issue of safe crossing to get to Slaters Acres Park needs to be addressed. He..added that because of the volume of traffic and demonstrated speed, he would support putting in a threealvay stco.'#t the southerly intersection of Jaynes Street because of the park. Councilmember Awada agid;:zritdctidd::tfiat:tlE would support a stop sign at Wall Street and Storland. Mayor Egan said he supported' brou ii ill iml i3r-'Hunter's position, but did not feel the traffic warrants a stop sign at Wall Street. Councilmember Hunter moved, Councilmember Awada seconded a motion to receive the petition for a three-way stop sign on Slater Road @ the...sQuthern intersection of James Street and approve the installation of requested stop signs. Aye: 5::'i;: PRELIMINARY PLANNED DEVEI�. MENT AMEN[AfIt NT - HEALEY RAMME COMPANY City Administrator Hedges gav1?::ar1 overview on this:item. Senior Planner Freese gave a staff report. Councilmember Awada asked if #ie;proner y.:pWner;::Wl o owns the parcel off Lexington, would be EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 12 given access by the County. Freese stat4tt:the location of their access will not be changed, but it will be restricted to right- in/right out by the Le)*xRon Avenue improvements. Discussion continued regarding access. Councilmember Wachter stated he would like to see the developer buy the property owners out. Director of Public Works Colbert indicated: tis).Wrapf is diffef0hce between the interior driveway and the house itself is restrictive for the provision 'of-an,thiefttliccess:':':Discussion occurred regarding building a retaining wall. Councilmember Wachter;�ked if the Fire Department had expressed any concerns with this plan pertaining to access, particulatti .the tum around in the southeast comer of the site. Freese indicated they did not provide any further concerns regarding access. Councilmember Hunter stated that on this site there is a trade -off in space vs. trees and natural wetlands. He added that occasionally the Fire Department underestimates the concerns and problems associated with access. Tom Healey, Healey Ramme Company, reviewed their proposal and added that they tried to take the three neighbors into account by ex0i4i ding theif::project to include them, but added there are some significant grade changes between those::16ts and their lots. He added that the cul-de-sac was redesigned with the input of the Fire Department. Co* ...E ilmem64.Wachter asked if the issue of airport noise mitigation had been addressed. Mr. Healey indicated. it.,had .been addressed. Ellen Costello, 3305 So. Lexingto"n""' vaiiiie; doaresse Hie Council and stated that Member Miller of the Planning Commission was concerned with how fast the project is moving along and the high density in this small area. She added that she felt their concerns were not addressed by the Planning Commission. She read a statement outlining the neighboring residents' concerns, which included high density, transient population, increased traffic, noise and pollution, decreased privacy and property values and being misinformed. Mayor Egan noted that Mr. HeaJ.P, ii l :#idictited these townhomes are of high quality in comparison to other rental townhome projik ih the south: metropolitan area and stated that even though these units will be rented, they are not ap4ctM0' h s..:• • . June Ketcham, 3345 South Lexington Avenue;%ad4T`e0*0d the Council and stated she is concerned about their health and safety and added she would like to S46:& developer buy them out. She said that it appears as if construction has already begun on this project. It was determined that the stakes along the property are due to the fact that Lexington Avenue is being widened. Councilmember Awada asked if the Ketcham property is developable for a use other than single family. Freese stated that staff has not evaWated whether. or not the property could be redeveloped. Mayor Egan asked Mr. Healey if they .# tiO:::tbbbgbt:: t,:W.nbining the small extension adjacent to Lexington Avenue with the Ketcham properb to the ;-%6 fth. Mr. Healey stated they had looked extensively at trying to incorporate all three of these"p*roperties,M10 their development, but added the trees and the topography make it impossible. He said::tt?at if this: were a separate development they would be willing to cooperate in the future. CouncilmemberiAWada. a �d•if.Mr,, Healey would be willing to give access to the Ketchams through their development. IVtt;::i afOyAi.tAt 111.4 re willing, but the problem is that there is 30 feet of grade differential between their lot and the driveway, so access cannot be realistically provided. Councilmember Masin stated that much of the development in Eagan has come on top of people who have had older homes here. She added that some type of concessions should be made if these residents will not able to sell their property. M.:;k#e&leX.:suggested that if the Council would like to add a condition that they grant an easement to th."61(atdtiigitt:' rty across the small extension of land to the north of the Ketchams, that would be acpeptable. Councilmember Hunter state that::there needs to be &:way for the residents to sell their property and he stated the easement will help that: tocess. He sta RONat the Council specifically asked Opus and EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 13 Healey to develop a higher density area :to::Rromote pedestrian traffic Councilmember Hunter moved, ..Gounpilmember.. Awada seconded a motion to approve an Amendment to the Preliminary Planned Ramme Company for Outlot B, Eagan Promenade consisting of 284 dwelling un'itsiri''siix tiuiI ings'subject to the original conditions outlined in the staff report dated 8/6/96 and an addition i::i ondition regarding the access easement as follows: Standard Conditions 1. The property shall be platted. 2. All standard building set cks shatbe met except for Building 3 which is approved with a 30 foot setback from tlie::'east pr#perty line. 3. The developer shall provide:ii f tltirt ';k*t iii .&nstruction techniques and landscaping to mitigate traffic noise on site, parkOlarly *for':B'uilding 3. 4. All parking stalls required by the City Code for each respective building shall be constructed prior to the issuance of a Certifot,e pf Occupancy for such respective building. 5. A detailed lighting plan 5ffaii lie submitted prior to Final Planned Development approval. Decorative light fixtures in of Eagan Promenade shall match the style of those installed in the cofi it e�!.'pomponent and on Promenade Avenue. 6. Prior to Final Planned Development approval;*'the developer shall submit to the City a revised landscape plan for all landscaping to be installed on the lot and landscape details prepared by a registered landscape architect. All plant materials shall be identified and labeled, and provide for irrigation of all lawn and associated landscaped areas. Landscape details should be shown at a scale of 1" = 20'. 7. Additional landscaping stttiilc# taenstlli2ci::east of Building 3 to screen and buffer the building from Lexington Avenue. T6W.ija16dscaping shall be designed to mitigate noise from the Lexington Avenue roadway. 8. The area west of Builoiri��;6-:shoUlsi:.be:;Jarldscaped to screen the building and serve to stabilize the slope after:gr6tt#irtg:;:: 9. Landscape detail should be provided for the area around the activities center and around the gateway, monument, and pylon signs to be placed on the lot. In addition, landscape detail for typical building foundation plantings and typical courtyard plantings should be provided. The landscape plan.5h*6* fct bb:PFepared by a registered landscape architect, and landscape details should bp.'tW irn at a ate of 1" = 20'. 10. The landscape plan shO Identify and label 'aik.'plant materials, show all easement on the property and provide faf.4rcigation of all lawn:�Md associated landscaped areas. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 14 Nolle 11. Architectural designs and.,. zonstruction,- methods for new construction within the development shall incorppCatOzgg .fid.: f3jatiofl; standards sufficient to achieve an interior sound level of 45 dBA fo'r' i irport'n'oise"rgBb6h. 12. The developer shall conA(t6ct buildings and employ other noise mitigation elements to meet Minnesota noise standards. Architecture 13. The developer shall subi *, samples. of exterior building materials with the application for Final Planned Developf"11 t. 14. All trash and recyclable mia.terials c0tainers shall be located within the buildings. 15. Detailed signage plans shall be submitted prior to Final Planned Development approval, 16. All signs shall meet the required 10 foot setback from property lines. The monument signs shall be no more than 7 feet in height. 17. The residential monument sigrt.;on:lie::CDGner of Yankee Doodle Road and Lexington Avenue shall conform to.thla:C: iittersedtion monumentation concept for Yankee Doodle Road. 18. The monument sign in the south i e-6 .::'d, f :the.site along Yankee Doodle Road is permitted as a temporary sign. The sign may rerrieia7:ji ::place after the first building permit is issued until six months after the last building's Certificate of Occupancy is issued. 19. The gateway monument signs at the north entrance to the site shall not be permitted on public right of way. 20. A 16 foot paved driveway-.-v.th::a-.1T-6".,plearsnce between Buildings 1 and 2 shall be provided with a landing pal#: Qtl :Qf.:f*:bit (dlhgs having a minimum 20 foot access on each side of the drivew9yi;:::: 21. All retaining walls built aiosi6 the sotj#i:slope of Buildings 1 and 2 in the area of the landing pad south of Buildings;:d:.2. still: be:.desiged and constructed to accommodate the potential loads of emerger;cji:iiifl$ 22. The developer shall obtain all necessary permits from Dakota County for grading work within Lexington Avenue (Dakota County Road 43) right of way. Storm Drainage 23. The storm sewer outlet pipp:from Pond DI? -i) to Pond DP -5.1 shall restrict outflow to 2 cubic feet per second as:6ntified in the City:Storm Water Management Plan adopted in 1990. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 15 24. P tA , Pond DP -5.1 is required 10ve a minimum wet volume and mean depth at normal water level of one acre-foot and:-!Hee feet, respectively. 25. The wetland replacemer#.'VaO:.:��.'.'uid::ii 4:--Oi��iiid to show a total wetland impact of .52 acres associate with the *proj'e*ct. -f} e'-iWjfIa-n'd'irea to be created for mitigation purposes will remain at 1.08 acre per the original approved wetland replacement plan. Utilities 26. All driveways shall be a minimum of 26 feet in width, except for the leg of the drive servicing Buildings 2, 3 and 4 shall be a minimum of 24 feet in width. 27. Signs indicating "no parking" shall 64:01aced along all driveways. Location of those signs and sign details shall be:-%hown on::tt*e Final Planned Development Site, AmemitiesfTrail 28. A tot lot play area shall be provided and the location identified on the final site plan. A bituminous trail connection to the tot lot play area shall also be provided. 29. Prior to Final Planned Development approval.,.z:pedesthan connection to the commercial development west of the site shall be.finalii 30. A barrier such as a ber�Wbr-'.Wft ... 0 J. feature identifying the trail terminus shall be installed and identified * .... :`� I p*s at the northern trail terminus adjacent to 'oh fna I Lexington Addition. I *-T-Ml I =_1 0 31. The developer provide an access easement across the portion of the property abutting Lexington between the adjacent properties described as PID 10-01000-060-75 and 10- 01000-050-75. Tree Preservation ............. 32. The developer shall su�i*m-:a revi**-'.L'indscape Plan indicating the species and location of required mitigation for..significant tree removal in excess of the amount previously approved during prelimih*�ry plat 6Woval. This mitigation amounts to nine Category A .. trees or 18 Category B X 33. The developer shall install tree protective. measures (i.e. four foot polyethylene laminate safety netting at the drip line or at the perimeter of the critical root zone, whichever is greater, or significant trees and woodlands. 34. The developer shall contact: :Ib�.-'..-'Ll*it.y:.,:Pbr-estry Division at least five days prior to the issuance of the grad ng Ion -0dm1It..J6:.!9nsure compliance with the approved Tree Preservation Plan. 35. Parks dedication shall *':fulfilled through a 0* dedication. . . . . . . . . .. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 16 36. In lieu of a cash trails dedidation, the developer shall be responsible for the installation of public sidewalks and trail$::Ohrioughout the development. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION:. -AND PRELIMINARY PLANNED DEVELOPMENT HON��(:TREE FIRST ADDITION City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Councilmember Masin asked about the approval of the lighting. Freese indicated that detailed review of the lighting plan would occur when the final development plans are evaluated. Discussion occurred regarding signage. Verle Hearn, representing Honey'T'.ree Ltd., j�i.�cussed their proposal. Ray Anderson, representing Honey Tree, Inc., discussed the changes tj 0de to th6i6revious proposal. Brad Schaefer, Manager of the Cedarcliff Shopping Center, addressed the .C.o=jl.,and.stated, they would be willing to provide overflow parking to the applicants. He said that thei:teRat?is.ii:otrs:Qfthe properties they manage are in favor of this development. Nancy Reed, the landscape'�a'rcfiitecf'for Honey Tree, Inc., discussed the proposed landscape plan. Marsha Goff, the proposed manager of the hotels, stated qualifications and described her management methodology for the hotels. Cindy Childs, 2139 Cliffhill Lane, addressed the Council ,and stated that the residents understand this property is zoned Commercial Shopping Center, but:.s 6d6il that the motels add no benefit to the residents and they would prefer something loy�-irlspa t: i1itli-structured hours. She discussed some alternative uses. She added that this proct:y,.ri ;dkt6ase: their property values. She further added that she is disappointed with the height of theb iMings, the pa>king shortage and the removal of the restaurant and underground parking. Linda Flaig, 2094 Cliffhill Lane, asked why the'0�6-00#y:was not zoned for hotel use. Mayor Egan stated that the zoning for this area is CSC, which covers a relatively broad category of uses. He added that the zoning is proper for this use. Vicki Empey, 4499 Scott Trail, read a letter addressing some residents' concerns, which included incompatibility to the area, safety in regard to traffic, crime, environmental destruction, noise pollution and the fact that the use will not serve the residerd$:0#:.the camrrxwnfty. Cindy Childs stated that hotels si*ifinotelsi4:6ot permitted uses under CSC zoning, but rather conditional uses. Mayor Egan stated thaf We Preliminary Planned Development does incorporate the use, Councilmember Awada added that hotels::aj:O condi�l in any zoning category, but are generally put into CSC zoning. Gary Tankenhoff, owner of the property, stated thafthis is an excellent use for this parcel of land and said that the City does not need another strip mall. Ann Carlon, with the Eagan Convention and Visitors Bureau, stated that the City needs to have a convention hotel and this would benefit the coel� in '.;:::::•:•.•. Roxanne Soderholm, 4495 Scott ThW1l; stated that"tt :i'6sidents in this area are quality people who are trying to raise families. Councilmember Masin asked if tlie::gy@rtlow, paCkgt a reasonable alternative, is there extra EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 17 land available for expansion. Senior .. %nner Freese noted there is land available to the north. Councilmember Masin asked if it would be`bdvisable to ask for extra land or if there is ample parking. Freese stated that there is no standardift.the..orO.inanc4.that:.addresses conference center parking, and stated that staff was using comparablepaFkii# :sitji�ititfi t .16:1cwtermine the adequacy of parking. She further added that staff is assuming the current parking ptopoaed will meet the demand. Councilmember asked if the traffic: -generated from this use would be more or less than another proposed use permitted under CSC. Director of Public Works Colbert stated that there would probably be less impact on traffic with this type of development than there would be with a retail commercial shopping center. Councilmember Wachter said that he understood the neighbors' concerns, but feel the distance between the hotels and the homes provides an adequate buffer. Councilmember Hunter added that the Council has to take the health of the en"::community, including businesses and residents, into account. He further added that this proposal is a rieeded seGciee for the City of Eagan. He noted that the number one concern regarding the proposal that :gives submittii±d before was the height of the hotels and now the height has been reduced. Councilmember Awada concurreit::viiith:: ici# '%hl ie* Hunter. She added that the concerns expressed when the Holiday Inn was proposed have been unsubstantiated. She further added that hotels make good neighbors and does not believe it will affect property taxes. Mayor Egan stated that the Council respects the neighbors' concerns, but he added that Honey Tree Ltd. has revised the proposal and addressed the prior issues. He noted that the hospitality industry in Eagan is the cleanest industry in the City. Councilmember Masin concurred. Councilmember Hunter moved, Cou!1q#06-m` . ..-':. bchter seconded a motion to approve a Preliminary Subdivision for Honey TreeItsti:di4lort copsisting of two lots, previously platted as Lots 1, 2 and 3, Block 2, Mari Acres Second Addition. subject 10:the conditions recommended by the APC as follows: ..... The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, C1, C2, C4, D1, E1, F1, and H1. 2. The developer shall replat the prope Gradino 3. The grading plan shall bo. revised to retaining walls to attairt:::1 or gd reconstruction. :t slopes of 2:1 or gentler or the construction of slopes in the area east of the proposed trail 4. Detailed plans and specifications covering the construction of any retaining walls on the site shall be submitted to the City prior to Final Plat approval. Water Quality 5. The developer shall meet.vttb2i`:qu'ality:tyitigition requirements through the payment of a cash dedication. Access/Streets/Circulation EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 18 6. The driveway access to: "t;6i 2, Honey Tree First Addition, shall align with one of the existing driveway accesses4o Lot 3, Block 1 of Mari Acres 2nd Addition. 7. The developer shall ,curb cuts not utilized by the development and replace them with full''heig"ht ddnc'et 'irrit6*'dnd gutter. Easements/Right of Way/Permits?;':::: 8. The developer shall prepare a cross parking easement agreement to be reviewed by the City Attorney. Parks and Recreation 9. The developer shall ba:�sponsi}'! for a cash parks dedication and a cash trails dedication. 10. The existing trail shall be'reCvi ttuCf s 'fur tti? : 8st to provide more growth space for the landscaping and for vehicie•'ove�fii�.ig on 'ttie 'parking lot. The exact alignment of the relocated trail shall be determined prior to Final Subdivision approval. Should a portion of the existing trail be relocated on City property, this development shall be required to provide an easement over the remainder to allow for public use of the trail. Aye: 5 Nay: 0 Councilmember Hunter moved,... QOuftilr ethber.: Wachter seconded a motion to approve a Preliminary Planned Development consistisig'•of two four:tory hotels including on -sale liquor for Lot 1 of the proposed Honey Tree First Addition subjept_to:;the•con•ditions recommended by the APC as follows: General Condition Approved as part of this Preliminary Planned Development are: Lot 1: a four-story hotel with 108 rooms, including a swimming pool and 3,740 square foot conference center and possibly on -sale liquor. Lot 2: a four-story hotel wAhi::JQ4.rooms:.end:a swimming pool. 2. A Preliminary Planned Deifelopmei t;Agreement shall be executed 3. The term of the Prelimiri t Planned::development shall be six years. 4. A Final Planned Deveiopri;ii i:Aoh.."6if:t6 : *"ach phase shall be executed prior to final subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: • Final Site Plan • Final Building Elevation Pla[r:;:::: • Final Sign Plan • Final Landscape Plan • Final Lighting Plan Upon submission of ft*k. final „Rlan ,,.• rQ iltled they are in conformance with the EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 19 Preliminary PD, the FinW::PD may proceed to the City Council for approval. Access/Street Design 5. The driveway access to :si : :#viaei3:lrst Addition, shall align with one of the existing driveway accesses -to Lot 3, Block 1 of Mari Acres Second Addition. Setbacks 6. Setbacks as identified on the site plan dated July 10, 1996, are approved. Landscaping 7. A landscape plan shall 06: prepared:, by a Minnesota registered landscape architect or certified nurseryperson irI::accordahft with the provisions of City Code Chapter 11.10, Subdivision 15. 8. The landscape plan shed....::eViW:: :oll0wJ0r sufficient growth space for the spruce trees along the east side ofi the sile:::$prubil ices around the base of the building on Lot 2 shall be removed and possibly replaced with a more appropriately sized evergreen material. To provide year around visual screening of the buildings, evergreen trees shall be added to the landscaping on the west side of the property. Spacing of all plantings shall provide sufficient growth space for the plant materials at maturity. Architecture 9. Exterior building material�:'.6h cli::54 as stun on the approved building elevation plans. 10. Any rooftop mechanical eqi pffleilt etIall`be screened and not visible from the public right of way. 11. Trash and recyclable materials enclosures should be attached to the buildings, constructed of materials to match the principal buildings, and of a size sufficient to enclose all trash and recyclable materials receptacles. Lighting 12. Prior to Final Planned D:::"' fiopmai?t:apprtival-the developer shall provide a detailed site lighting plan showing fdbteandle lens throughout the site. Light standards shall not be taller than 25 feet, and.:*.D.%lights shall have sharp cutoffs and be directed downward to minimize glare and visibility of the:.lting from off the site. Lighting on the east side of the site should be shielclecl*:tle:st;:isii? deflect light onto the site. Signage 13. Approved signage includes the following: a) one pylon sign at the southwest comer of the site; b) building signage on the,.north.:and south building elevations of the hotel on Lot 1, and the west building elev tlid ::Qr ly:tA# -'d:hotel on Lot 2; c) one monument sign shall be permitted at each entranwW:& site. tfifi :&on sign shall comply with standard size and setback requirements iri."''City Code. TFie::monument signs shall comply with standard setback requirements, be..no greater than six feet in height and have a message area of not more than six squan feet per side. Building signage shall be as shown on the EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 20 approved building elevaBon::plans. Aye: 5 Nay: 0 APPEAL DESIGNATION OF A DAlSIi l OtlS`3y�: �30HN & MICHELLE SCHAEFER City Administrator Hedges gave aOverview on this item. Councilmember Hunter moved, Councilmember Awada seconded a motion to authorize staff to designate a hearing officer for an administrative hearing of the facts associated with this matter. Aye: 5 Nay: 0 DECLARATION OF DEFAIJ -T, PIN89:EDGE DEVELOPMENT CONTRACT Director of Public Works Colbertgev:aEef. Councilmember Hunter moved, Councilmember Masin seconded a motion to continue the declaration of default indefinitely. Aye: 5 Nay: 0 EAGANDALE CORPORATE CENTER, CONSIDERATION OF ASSESSMENT CREDIT Director of Public Works Colbert gave a staff::t:ep i�;::::Councilmember Awada suggested this item be referred to the Public Works Committe.e,pT.:fi r her idw. Mayor Egan moved, Councilmember-Awada seconded a motion to defer a request to provide a rebate/credit for previously levied trunk assessmei+its'W-land. in Eagandale Corporate Center to the Public Works Committee to meet on August 26 prior to the'I ersQritiet;Committee meeting. Aye: 5 Nay: 0 VISITORS TO BE HEARD Barb Miller, 3217 Donald Avenue, addressed the Council and stated she and her husband Ron, along with their neighbors Tim and Jonnel Green, who reside at 3225 Donald Avenue, are requesting to be placed on the September 3 Council agen4regarding code,.violations at the Richfield Blacktop Company located at 3206 Sibley Memorial Highway,:: ai -: -i �ente� t} :b,oilncil with packets of information regarding their concerns. City Administrator Hedgei :Otated tliot:tiEhas spoken with Ron Miller and that information regarding this matter has been included:401:the Infoi` %tive Memo. He added that Mike Dougherty, from the City Attorney's Office, will be sending:gjetter on1he procedure and process for recision. Ron Miller, 3217 Donald Averue;::ij-dt0ili: t}ie:tiiiCil and said that this procedure has been ongoing since last June. Senior Planner Lisa Freese asked the.:CounQI1.:lf'they wanted staff to contact property owners to see if they have any problems withthe;:'d5ihsri0n:;:af their property from D -II status to D-1. Councilmembers stated that they would lilt$:5taff to proceet':With contacting property owners. RESOLUTION FOR NEIL ARMSTRONG BLVD. AS.;A;.MUNICIPAL STATE AID STREET EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 21 Director of Public Works gave a btl6f overview on this item. He stated that street plans are being processed through the municipal state aicr.Wroval process of MnDOT for the Eagandale Corporate Center plat. He added that MnDOT will not proceed.with .reviewing.the plans until the City passes a resolution changing the designation of the conceptual: ii' Unli�ipai stgt it: : lignment. Councilmember Hunter asked if there was any risk to the City if this resolUfr rr'W6!s'pastetl.'-' - dbert indicated there was a lot of flexibility in designating alignments for Municipal Std Aid Streets. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve a resolution designating Neil Armstrong Blvd. as a Municipal State Aid Street and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 RESOLUTION TO RESTRICT O1ctiSTREET PARKING ON NEIL ARMSTRONG BLVD. Director of Public Works Colbert:SOted that]-:MnDot has requested a resolution restricting parking on Neil Armstrong Blvd. Mayor Egan moved, Councilmem-W'tN l tej"'* d:A motion to approve a resolution restricting on -street parking on Neil Armstrong Blvd. Aye: '5''Nay: 0 Colbert stated that they are in the process of doing a final detailed review of the site plans for cellular antenna construction on the reservoir facilities. Discussion occurred regarding the design of the control cabinets and the proposed chain link fence with barbed wire for security of these sites. City Administrator Hedges suggested that the Council woyJd.:wa�tthe aesthetics to be consistent with the expectations for the private sector. Councilmemt?erf~luhtet:stiggested using cedar instead of chain link for the fence. Colbert indicated they would::saql*6t:Aaf'i52<iar be used. Councilmember Masin raised a concern about using barbed wire. Councifrr amber Wachter stated he did not think it would be visible from a distance. Councilmember Wachter moved, Councilmembe'fr"' 5itt seconded a motion to set Special Council meetings for September 3, 1996 at 5:00 p.m. and September 12-, 1996 at 5:00 p.m. to canvass ballots for the Special election. Aye: 5 Nay: 0 Councilmember Masin stated that she volunteered at the Dakota County Fair *and indicated that very few people from Eagan were present. She suggested there be an Eagan Night at the County Fair next year to encourage participation. She:1400ad..that .MirfesQta Valley Transit in Burnsville has buses going to the State Fair on weekends Councilmember Hunter stated tlie're was aan"article on suburb to suburb transit and how it is becoming a -big problem and he added f4t- cities aira:tioing a report on transit options. He further added that he has ordered a copy of this reporfi i'cls:Qther:.Q6Wrci1rnemWs. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated August 15, 1996 in the amount of $2,932,385.55. Aye: 5 Nay: 0 The meeting adjourned at 12:10' a:iii. MLK EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 20, 1996 PAGE 22 Date ... City Clerk ... .. .. .. If you need these minutes in an alternative.fonn such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road; ;pagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454- 8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital...stiptus or status with regard to public assistance. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota ::::::::August 20,1996 A special meeting of the Ea0h;City..0oungl: as:f ld on Tuesday, August 20, 1996, at 5:00 p.m. at the Eagan Municipal Center building. Priv: Viii6ro:...ajrv.:. g#m.'and City Councilmembers Awada, Hunter, Masin and Wachter. Also present were Director.Public Works Colbert, Chief of Police Geagan, Director of Finance VanOverbeke, Fire Chief Jensen, Senior Pl iper Freese and City Administrator Hedges. VISITORS TO BE HEARD There were no visitors to be heard. TRAO& SIGNAL PREEMPTION City Administrator Hedges;ietated that. -11* ring the past six months, the Fire Department, Police Department and Public Works Department have been rgltiEwing the feasibility of installing an emergency vehicle signal preemption system within the community.,...0!ef-Jensef?.reviewed a joint memo prepared by Fire, Police and Public Works that provided background on rept�iitis:f.o iideiirrt signal preemption. Benefits to the City include improved response efficiency, greater area of coverage fbr'rire, more controlled situations, reduction in accident potential and increase in general safety which could help the City improve its ISO rating. He stated that the cost for the current signal system is estimated at $465,000; however, that amount could be reduced through use of remanufactured emitters and lesser capability/quality detectors. Fire Chief Jensen also responded to two questiorfa.Zity Councilmember Hunter had asked of the City Administrator, including further analysis of the benefits;2s3thejr:�elate to decreased response time and further that depreciation is a minimum of ten years.Citjt. Goificilliemi"r Awada stated that she was most impressed with the report indicating that with signal preemptiaii;�kiie:ttation #f+:i ay not be required. Fire Chief Jensen stated that it is true that signal preemption will delay ttie need:tc?..constract Fire Station #6 into the future. He further stated that every City in the County has signal preenipti'o :Vi gh; :the.�.xception of Inver Grove Heights and Eagan. City Councilmember Masin asked how long it would take to irisfa4l:kiir :sial preemption system upon approval by the City Council. Director of Public Works Colbert stated that six to eigfit:rhonths is estimated for the bidding process and with installation, it would be approximately one calendar year. City Councilmember Hunter stated he was in support of signal preemption and the City should proceed with the entire system. City Councilmember Awada stated that installing signal preemption was being fiscally responsible, since it may not be necessary to build and equip another fire station. John Maczko, representing the City of St. Paul, appeared and stated that signal preemption is a good investment in the community.for providing emergency service movement. Alter further discussion, the :iiy i4i#iir iistFater�was directed to review funding sources and recommend a funding source from the Majz�; Streetkiciq; Community Investment Fund or fund balance and present a recommendation to the City Council. Mayor: Egan stated that staff, under the direction of the City Administrator, will prepare plans and specifi6,4i ns and ist:f%ihding scenario for consideration at a future City Council meeting. INVER GROVE HEIGHTS JOINT POWERS AGREEMENT City Administrator Hedges stated that the Cities of Eagan and Inver Grove Heights have joint powers agreements for providing sanitary sewer and water service to the Emerald Hills Trailer Court, which incorporates approximately 80 acres and 400+ dwellft.'u iitsiend three subdivisions that total 81 acres and 147 lots. He further stated that Inver Grove Heights:f'i�&MbOM. epi:; pplication to develop the Southern Lakes property by Lundgren Brothers, which is estimated at: 4U'acres and 287::1>: %. City Administrator Hedges introduced the Inver Grove Heights' City Administrator, who:pMeeded to identify:2t:�as in Western Inver Grove Heights that would Page 2/Eagan Special City Council Minutes August 20, 1996 require utility service by the City of Eagan it`:fife property is to develop as proposed by Lundgren Brothers, The Inver Grove Heights' City Administrator reviewed the MUSA and Comprehensive Guide Plan maps for Inver Grove Heights and explained their development plans::::yCidliriCt)fr#t1fbF:Wachter asked how much land is platted in five acre lots in Inver Grove Heights. IGH City:Adit�irustfiaictr:.Wiillw0ided there is no intent to request service from Eagan outside of the areas designated on:.the map. Mayor Egan further stated that to provide a proper understanding between the communities, it ii as restated that none of the land outside of the 800 acres would be included in a global agreement. IGH City :Aifministrator Willis confirmed this statement. City Councilmember Awada asked why Inver Grove Heights is considering development on their western border in an urbanized method. IGH Administrator Willis stated that there is pressure to develop the land similar to the urbanized pressure West Inver Grove Heights is experiencing from the City of Eagan. He further stated there are no plans to secure the larger area due to the need for expanding,the interceptor sewer from the City of Rosemount. He specifically stated that the area in discussion is outsid$ ie area that could be serviced by natural gravity flow from the City of Eagan. City CouncilmemberAwada state4i6t it wotk'*eem more consistent for Inver Grove Heights to change development plans to five acre lots, which :cs:�consistdnt:with the method in which that City is developing. City Administrator Willis stated that this area:. i planned::€or urban growth similar to the City of Eagan. City Councilmember Hunter stated that he had heard:fmm:r-esjdents4n. West Eagan, such as Weston Hills, who were told by Inver Grove Heights that land adjac"t:W.It i M.. rt:#iaf it c:y ould be developed into five to ten acre lots. He further stated that it is difficult to explain to Eagan residents why the Eagan City Council is helping change a neighboring community to urbanization when that action is not consistent with their expectations. Mayor Joe Atkins appeared at the meeting and stated that density is the main issue for Western Inver Grove Heights. He stated that his community needs Eagan to help:their growth and the projects that are being proposed will be consistent with the subdivisions that have. peert:d# veloped on the eastern side of Eagan. City Councilmember Wachter questioned the availability, s.f.pdi fa*W:tO'serve these proposed subdivisions. The IGH City Administrator stated that there is a large.peri:leve prtiamproposed at Rich Valley and 105th Street and also Lundgren Brothers is proposing a 20 acre dodigttoii as part ofibeir development in addition to 40 acres of passive parkland that is located adjacent to the LundgreR.O.evelopmeni:-:Mayor Egan appreciated the explanation; however, questioned if there is adequate parkland identified'x ".ttie:1Rver:Grove Heights' Park Systems Plan for those areas being proposed for development. The IGH City Adminisfra> .... Med more detailed information regarding the parkland as proposed for the development area. City Councilmerttt; Hunter stated that children located in Inver Grove Heights will be part of the EAA and other organizational sports that play games in Eagan parks, expressing concern about the pressure additional development in Inver Grove Heights will cause to the City's park infrastructure. City Councilmember Hunter asked about annexation of the three parcels since they fit our urban service area more than Inver Grove Heights. Mayor Atkins stated that it would be difficult to agree to annexation. City Councilmember Awada supported service as, a.good neighbor;. however, feels that Inver Grove Heights has not always been a cooperative neighbor in.its:&i "mert:W..pasals and lack of participation in various road expansions, such as Yankee Doodle Road,::: Ify Ojiii�C,itafift&Wachter stated that he would like to review all public service related issues. Mayor Egari:g�eed with Glty Councilmember Wachter and stated that the Eagan community deserves that type of comprehensive analysis. Mayor Egan further stated that there are three basic criteria he would require if a joint powers agi#hment is:#:be further considered: 1) engineering 4 any subsidies for the parks, utilities and other infrastructLim$yst"Vo.11:be:inpTne.:fjlly by the City of Inver Grove Heights; 2) an agreement must be legally enforceable; s6 will not subsidize any of the development occurring in Inver Grove Heights. Mayor Egan further stated that these three points need to be satisfactorily addressed if the agreement is to be given further consideration. City Councilmember Masin stated that Inver Grove Heights 'has had an image problem relative to new development and whatever is being proposed ehip.ild:#Bcbhsisstent with 'Eagan's comprehensive planning. She further stated that itis her impression that there:isnot' a sEroi g:pf mgng process within Inver Grove Heights. Mayor Atkins stated that he can't speak for previous:01tY Councils; hoVlibysr; he personally has tried hard to build relations with neighboring communities during the last,tree years. Page 3/Eagan Special City Council Minutes August 20, 1996 After further discussion and in a mo6i""�b City CouncilmemberAwada, seconded by City Councilmember .97. y Hunter, staff, under the direction of the City Administrator, was directed to prepare an agreement with the understanding that it will be a slow and delUkO.16:j ... .... pwa *VVeh::Qther priorities and said agreement will be presented to the City Council for review. eity:-iime -6 .M. OrHilmer stated that he is supporting the motion because of the reservoir capacity needs that:.are required for the City of Eagan in the southeast portion of the community. All members voted in favor of otion. OTHER BUSINESS There were no items for Other Business. ADJOURNMENT The meeting adjourned at 6:30 P. M'' Date City Clerk TLH Agenda Information Memo September 3, 1996 Eagan City Council Meeting CONSENT AGENDA A. PERSONNEL ITEMS Item 1. Water Production Maintenance Worker -- There is no action to be considered on this item. At a previous Council meeting, the Council approved the hiring a person to be recommended as a Water Production Maintenance worker. The person so recommended is Paul Teicher. Item 2. Skate Guard/Civic Arena -- ACTION TO BE CONSIDERED: To approve the hiring of Brandon Cashman as a Skate Guard at the Eagan Civic Arena. Item 3. Resignation/Clerical Tech II/Finance-- ACTION TO BE CONSIDERED: To accept the letter of resignation of Mary Mills as a Clerical Tech II/Receptionist in the Finance Department. ATTACHMENT: ► Enclosed on page ( is a copy of the letter of resignation. 5� city of eagan 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/Affirms; Action Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE (612)681.43DO FAX (612) 681.4360 TDD(6,2)454-8535 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk August 23, 1996 TO: Liz Witt FROM: Mary Mills RE: Resignation This letter is to inform you of my resignation from the City of Eagan Finance Department as a Clerical Tech/Receptionist. My last day of employment will be Tuesday, September 10, 1996. I will work til the end of the election process that evening. I have accepted a position with the North St. Paul Police Department. I wish to thank you and all of the Eagan City staff for your acceptance of me. My years with Eagan have been memorable. Sincerel} , Mary Mills 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/Affirms; Action Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE (612)681.43DO FAX (612) 681.4360 TDD(6,2)454-8535 Agenda Information Memo September 3, 1996 Eagan City Council Meeting B RECOMMENDATION AIRPORT RELATIONS COMMISSION, SUPPORT OF AVIATION NOISE LIMIT ACT ACTION TO BE CONSIDERED: To approve a recommendation of the Airport Relations Commission to support the Federal Aviation Noise Limit Bill. FACTS: The Airport Relations Commission has previously encouraged the City Council to support efforts to mitigate and reduce aircraft noise at the regional, state and federal level. The commission has identified a bill introduced but not yet acted upon by the 1995-1996 congress which they feel would be in the interest of the City of Eagan. ► If passed, the bill would define the vicinity of the airport within which noise impacts on residents would be required to be reduced and would create a maximum noise level outside of that defined area which the Department of Transportation could not permit to be exceeded. ATTACHMENTS: ► Staff memorandum on page �. ► Draft legislation on pages -�—' through -Za. MEMO —city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: AUGUST 28, 1996 SUBJECT: ARC RECOMMENDATION - AVIATION NOISE LIMIT BILL At its meeting of August 13, the Airport Relations Commission recommended that the City take a formal position supporting the Aviation Noise Limit Bill, which was introduced in the most recent session of Congress. The bill would create a specific, defined area around each of the nation's airports and prohibit excessive noise levels outside of those areas. It also calls for a reduction of the number of residents within the DNL 60 contour through a combination of aircraft technology, operating procedures, soundproofing, relocation incentives and other means. The Commission is supporting the bill in concept because it places the responsibility for reducing noise with the generators, it sets specific standards for noise reduction and it encourages the use of procedures which correspond with compatible land uses such as the corridor. A copy of the bill is attached. If the Council approves, the Commission recommends that support be requested of the City's Congressional delegation, the House and Senate Transportation Committees and Rep. Oberstar due to his history with airport and transportation issues. If you have any questions concerning this recommendation, please let me know. Assist T t to the City Administrator In bill text, brackets have special meaning: (A> W contains added text, and (D> "DJ contains deleted text. In some states, a six -digit number at the top of the ball identifies the date of the version of the bill you have retrieved. Read this date in a year/month/day format - YYMMDD. For instance, 940315 translates to 94/03/15 - March 15, 1994. US H 1971 07/09/96 Page 1 United States 104th Congress -- 1995-96 Regular Session 1995 US H 1971 950703 AS 1WRODUCE1 IN THE HOUSE (A> Be it enacted by the Senate and House of Representatives cf the United States of America in Congress assembled, <A: SEC710N!. SHORT T_ LE. This Act may be cited as the "Aviation Neseim_ t Act of 1995° SEC. 2. FINZ:NGS. Congress finds the following: (1) The accurate assessment and control of aviation noise --pact is necessary to protect the public health and welfare while increasing and improving aviation capacity. (2) Airspace management without noise impact assessment and moderation can have a significant impact on an area distant from an airport. (3) The Federal system for determining noise impact at airports, which currently serves as the basis of noise compatibility programs receiving Federal ass:starce, does not adequately protect the public health and welfare. (4) The Federal system for determining noise impact at airports does nct take into account the characteristics of an area, including the area's proximity to an airport and the area's non -aircraft background noise. (5) The Federal system for determining noise impact at airports is less restrictive than the criteria used by many State and local governments, usurping a zoning role normally allocated to the States. (6) The Federal system for determining noise impact at airports is inconsistent with the maintenance of accepted interior levels of quiet for existing residences and has been demonstrated unsuccessful in identifying problems and predicting community reaction. (7) The Federal system for determining noise impact at airports does nct protect against significant disturbances in human activities such as sleep and conversation and promotes Federal interference with the constitutionally protected right to quiet enjoyment of private property. (8) Research showing that low levels of noise affects human health and welfare requires changes in Federal programs managing noise levels. G (9) Population density, background noise levels, and distance fro:^ an airport are factors which affect an individual's expectations with respect to aviation noise and an individuals acceptance of aviation. noise. (10) Charges to the noise environment of a developed and populated area should be treated differently from chances to the noise enviro:.-er,t of a nonpopulated or industrial area. SEC. 3. AVIATION NOISE LIMITS. (a) REDUCTION OF AVIATION NOISE IN AREAS IN Tl-'.= VICINITY OF AIRPORTS. - (1) DEVELOPMENT OF PLAN. -The Secretary shall develop a staged plan to reduce by at least 75 percent on or before January 1, 2001, the number of individuals residing in residential areas in the vicinity of an airport who are exposed to a yearly day -night average sound level of 60 decibels or above. (2) CONSIDERATIONS. -In developing the plan pursuant to paragraph (1), the Secretary shall consider various met. -ods for aviation noise reduction, including soundproofing, relocat-cn incentives, use of quieter aircraft, operations restrictions, and revision of air routes. (3) FEDERAL DEPAR^MENTS AND AGENCIES. -As par;, of the plan to be developed pursuant to paragraph (1), the Secretary shall make recommendations on actions and policy changes on the part of Federal departments and agencies (including bat not _imited to the Department of Transportation) which could assist in meeting the objective described in paragraph (1). (4) MODIFICATION OF REGULATIONS. -The Secretary shall modify regulations issued pursuant to section 102 of the Aviation and Safety Noise Abatement Act of 1979 to assist in meeting the objective described in paragraph. (1) (b) MANAGEMENT AND REDUCTION OF AVIATION NOISE IN OTHER AREAS. - (1) AIRSPACE TRAFFIC CHANGES. -Beginning on the date of the enactment of this Act, the Administrator may make an airspace traffic change only if the Administrator determines that the change will not result in an increase in aviation noise in violation of paragraph (2) REQUIREMENTS. -A violation of any of the following requirements, which apply only to residential areas that are not in the vicinity of an airport, shall be considered to be a violation of this paragraph: (A) HOURLY AVERAGE SOUND LEVEL. -The hourly average sound level, with combined aviation and nonaviation sources, over any 1 -hour period may not exceed 6 decibels above the background sound level for such 1 -hour period. (B) SINGLE EVENT MAXIMUM SOUND LEVEL. -Under normal circumstances, the single event maximum sound level - (i) may not exceed 70 decibels; (ii) during nighttime hours, may not exceed 55 decibels; and (iii) may not be more than 20 decibels above the background sound level for the 1 -hour period in which the event occurs. The requirement of this subparagraph shall be considered to have beer. met if there are no more than 3 violations of the li,:.:ts contained in t:::s subparagraph in a 24-hour period. (C) DAY -NIGHT AVERAGE SOUND LEVEL. -If the day -night average sound level, with combined aviation and nonaviaticn sources, exceeds 45 decibels, then aviation activity may not contribute more than. 3 decibels to such sound level. (3) PAST AIRSPACE TRAFFIC CHANGES. -The Administrator shall review airspace traffic changes made by the A&niaistratcr which continue to be subject to significant complaint or controversy and shall take such actions as may be necessary to ensure that such air traffic changes do not result in increases in aviation noise which violate aviation noise limits contained in paragraph (2). (d) DETERMINATION OF VICINITY OF AIRPORT. - (1) ALTERNATIVE BOUNDARIES. -In. the event that operations procedures of an airport result in a ground noise dfstribulicn substantially different from the geographic area defined in section (10), an airport operator may, on or before the =60th day fcllow:ng the date of the enactment of this Act, transmit to the Secretary fcr approval alternative bcundaries cf the vicinity of the ai_Fcrt which corfcrm to the ground noise distribu b o - of the ;,_port; except that the geographic area enclosed by s;;ch alternative boundaries may not include an area with a day -night average sound level of less than 60 decibels for the 1 -year period ending on the date of the enactment of this Act. (2) ACQ:.IS::ION OF PROP ER7Y. -In the even,. that an airspace trafficcharge or other action coaxes :t unfeasible or impracticable to meet the sound level limits contained in subsection (b) within a residential area, then such area may be added to the area considered to be in the vicinity of the airport upon acquisition of the property or by acquisition of easements to the property by the airport operator or the Secretary'cf Transportation.. (e) REPORT. -Not later than. 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing the plan to be developed pursuant to subsection (a)(1), and a descriptior. of actions taken with respect to airspace charges pursuant to subsection (b)(3), together with recommendations for appropriate administrative and legislative actions. SEC. 4. RESPONSIBILITY OF SECRETARY OF TRANSPORTATION. In complying with this Act, the Secretary of Transportation shall assume responsibility for all non-military aviation. activity, within and outside controlled airspace, and shall regulate such activity to ensure compliance with the requirements of this Act in normal circumstances. SEC. 5. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) ADMINISTRATOR. -The term "Administrator" means the Administrator of the Federal Aviation Administration. (2) AIRSPACE TRAFFIC CHANGE. -The term "airspace traffic charge" means a change in aircraft flight paths, operating procedures, nat.;re of aircraft traffic, and quantity of aircraft traffic which is applicable in normal circumstances. (3) AVERAGE SOUND LEVE:.. -The te:.m "average sound level,- mea -s the level, in decibels, of the mean -square, A -weighted sound press -,;re during a specified period, with reference to the square of the standard reference sound pressure of 20 micropascals. (4) BACKGROUND SOUND LEVEL. -The term ,background sound level" means t^e hourly average sound level, in decibels, measured at a site representatI'e of a relatively quiet residential location within an area (with aircraft noise contributions excluded). (5) DAY -NIGHT AVERAGE SOUND LEVEL. -The term "day night average sound level" means the 24-hour average sound level, in decibels, for the period from midnight to midnight, obtained after the addition of 10 decibels to sound levels during nighttime hours. (6) NIGHTTIME HOURS. -The term "nighttime hours" means the periods between midnight and 7 a.m. and between 10 p.m. and midnight local time. (7) NORMAL CIRCUMSTANCES. -The term "normal circumstances" means all circumstances other than unusually adverse weather and emergency circumstances. (8) SECRETARY. -The term "Secretary" means the Secretary of Transportation. (9) SINGE EVENT MAXIM'JM SOUND LEVEL. -The term "single event maximus^ sound levels, means the level, in decibels, of the maximum A-weio ted sou - pressure during an aircraft overflight obtained using a standard sound level :Teter under a slow response setting. (10) VICINITY OF AN AIRPORT. -The term "vicinity of an airport" means the geographic area surrounding an airport established before the date of the enactment of this Act described nominally as follows: (A) The area extending in all directions a distance of 1.5 miles from each runway established before such date of the enactment. (B) The rectangular area defined by drawing a straight center line a distance of 4 miles from the end of each runway established before such date of the enactment in the direction of heaviest traffic and extending 1.5 miles perpendicular from the center line on each side of such runway. END OF REPORT Agenda Information Memo September 3, 1996 C. CONTRACT 95-16, WELL NO 18 ACTION FOR COUNCIL CONSIDERATION: Approve Change Order No. 2, Contract 95-16 (Well No. 18 - Pump) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 95-16 provides for the development of a high capacity municipal well near the Cliff Road Water Treatment Facility and the installation of a well pump. • After developing the well within the Jordan aquifer and performing test pumping operations, it was discovered that the capacity of the aquifer in this location exceeds the original pump design parameters of 1200 - 1400 gallons per minute (gpm). • After performing an analysis with our recently completed Groundwater Geologic Atlas computer program, it was determined that the well capacity at this location could be increased to 1800 gpm without adversely affecting other wells in the south well field. • The cost to increase the pump capacity is $1,461. Based on the cost of electricity savings, this change order will have a 3.3 year buy-back • This proposed change order has been reviewed by the Superintendent of Utilities and Director of Public Works and found to be in order for favorable Council action. �3 Agenda Information Memo September 3, 1996 D. CONTRACT 96-02 WELL NO 18 ACTION FOR COUNCEL CONSIDERATION: To approve Change Order No. 2 to Contract 96- 02 (Well No. 18 - Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 96-02 provides for the installation of all related facilities and site improvements to put Well No. 18 and its pump into service (i.e., transmission mains, pumphouse, access drive, etc.). Change Order No. 2 provides for an extension of the contractual completion date. The original contract has a July 1 and August 1 completion date for substantial/final. Change Order No. 2 will extend the completion dates to September 30 and October 15, respectively There are no costs associated with this time extension. Agenda Information Memo September 3, 1996 E. PROJECT 691, CLEMSON DR STS & UTILITIES ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 691 (Clemson Drive - Streets & Utilities) and schedule a public hearing to be held on October 1, 1996. FACTS: • Project 691 provided for the construction of Clemson Drive from east of Johnny Cake Ridge Road to Clemson Circle. 0 The improvement also included the installation of utilities and a trailway along the south side of Clemson Drive adjacent to the Oak Ridge Elementary School. • Clemson Drive is bordered on the north side by the Dakota County HRA housing project. • All the costs associated with this project have been identified and a final assessment roll has been prepared. This roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs associated with this project to all affected property owners. Agenda Information Memo September 3, 1996 F. PROJECT 681 NICOLS ROAD ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 681 (Nicols Road - Street & Storm Drainage Improvements) and schedule a public hearing to be held on October 1, 1996. FACTS: • Project 681 included the reconstruction of approximately 360' of Nicols Road starting at its intersection with Silver Bell Road and northerly to a point where the Bloomington syphon sewer project was installed within the existing Nicols Road right-of-way. • The improvements included the reconstruction of the existing rural section of Nicols Road along the west side of the road and the construction of an urban section with concrete curb and gutter and storm sewer along the easterly side of the road. • The urban section construction and the concrete curb and gutter were requested by the easterly adjacent property owner. • All costs associated with this project have been identified and a final assessment roll has been prepared. • This roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs associated with this project to all affected property owners. Agenda Information Memo September 3, 1996 Eagan City Council Meeting ME .. 1 M,/ 1 11 x6J_ s 1 I D ACTION TO BE CONSIDERED: To proclaim Saturday, October 26, 1996 to be "Make a Difference Day" in the City of Eagan. FACTS: ► Make a Difference Day is sponsored jointly by "USA WEEKEND" and the Capital Points of Light Foundation as a means of encouraging volunteer service activities to assist in the resolution of poverty, hunger, homelessness and abuse problems through individual and group activities. ■ The proclamation will correspond with National Volunteer Week. ATTACHMENTS: ► Sponsor letter and potential activity list on pages # through (f. ► Proclamation on pag�. MAKE A DIFFERENCE DAY RICHARD DREYFUSS W W Actor. Co-founder L.A. Works Difference Day - to helping others. Nearly one million citizens respond. In one day. homes are ROBERT K. GOODWIN painted. graffiti is removed flowers are planted. and countless lives are improved. This year's President and CEO. Points of Lignl Fo.;^dal on nd Q L S A, Force Rese,.es planning projects. This national day of doing good is sponsored by USA WEEKEND magazine V a July 17.1996 Amerca^ Liver Foundation o Z Spokesperson 0 a a Dear Mayor. DOING GOOD Make A Difference Day will inspire many others and will offer you a great opportunity for As cities face increasingly complex problems. communities are finding new value in volunteers. EMERITUS JUDGES LIC HI For this reason Make A Difference Day quickly is becoming an annual tradition across the Enclosed please find a brochure about Make A Difference Day. a sample proclamation and a list HE'FC.S%ERCS United States. Last year hundreds of mayors issued proclamations supporting Make A Difference %1,Cr+;EL E,S'.EK community. Please contact The Points of Light Foundation if you would like to know which Day. newspaper in your area carries USA WEEKEND magazine and/or find out about Volunteer JUDGES Centers RICHARD DREYFUSS The idea is simple: We ask Americans to devote the fourth Saturday of October - Make A Actor. Co-founder L.A. Works Difference Day - to helping others. Nearly one million citizens respond. In one day. homes are ROBERT K. GOODWIN painted. graffiti is removed flowers are planted. and countless lives are improved. This year's President and CEO. Points of Lignl Fo.;^dal on Make A Difference Day is October 26th. Volunteer Centers in many communities are now L S A, Force Rese,.es planning projects. This national day of doing good is sponsored by USA WEEKEND magazine NASinger. and its forty million readers. in partnership with The Points of Light Foundation and a network Amerca^ Liver Foundation of five hundred Spokesperson Volunteer Centers. PAUL NEWMAN Fo..r-er ar,c P•es de^t. USA WEEKEND and Newman's Own Inc.. will donate $120.000 to honor projects that best Nc, -.a, s o"'- I-,,- exemplify the spirit of Make A Difference Day. Sixty honorees will be presented with $2.000 CAPT. SCOTT O'GRADY each. Representatives from 10 projects will attend an awards luncheon in Washington. D.C.. L S A, Force Rese,.es next April during the 24th annual National Volunteer Week. coordinated each year by The Points Herc C F iE Pic.: c of Light Foundation. CRISTINA SARALEGUI Tal. S':.: Nest We need your support and example. We are asking you to sign a proclamation declaring this MARCIA BULLARD October 26th "Make A Difference Day" in your city. We are also asking you. your family and Ed't`' LSA "EEKE `" your staff to become involved in a Make A Difference Day project. Your participation in Make A Difference Day will inspire many others and will offer you a great opportunity for positive publicity. EMERITUS JUDGES o,GE`OL Enclosed please find a brochure about Make A Difference Day. a sample proclamation and a list HE'FC.S%ERCS offering ideas for how you can become effectively involved in Make A Difference Day in your %1,Cr+;EL E,S'.EK community. Please contact The Points of Light Foundation if you would like to know which CHAPLA".E-,.',.ER.GALLT newspaper in your area carries USA WEEKEND magazine and/or find out about Volunteer Centers KATr•IE LEE G,F=OP� and projects in your area. itir+OGP, GOLCEERG LOQ, GOSSETT }R Barbara Lohman at The Points of Light Foundation at (202) 223-9186 ext. 139 is available to EDG1ARD JAMES OLN'CS answer questions from you and your staff. ALT POLSSA'NT ANDRE" SHLE Thank you for your consideration. RA\DY TRAVIS KRIS', YAMAGLCHI Sincerely: � r^ Marcia Bullard Robert K. Goodwin Editor President and Chief Executive Officer USA WEEKEND The Points of Light Foundation enclosures LSA t�EEKE'v6 :^0C V: -ser Boulevard Ar; ,-,g! . 4 22225 "C? 2'6.6445 FAX ;703. 276-E51E PC i F L G,7 F2L NDA'10% i'37 H Street. N V, k§ s D C 200C'6 .2Cc 223.9'_S6 FAX 202 223 9256 MAKEE-A DIFFERENCE DAY ae � � W V 0 30 i Z 0 DOING GOOD PLN\TS WLKMI Make A Difference Day ideas for Mayors and Governors: IF YOU DECIDE TO PROCLAIM OCTOBER 26th "MAKE A DIFFERENCE DAY" ...... ...You might hold a press conference and sign the proclamation in a neighborhood where Make A Difference Day projects have been planned. This could help publicize and kick-off efforts for October 26tn and aemon- strate your commitment to community service. ...You might contact a Volunteer Center near you and offer to be involved in the projects they are planning. They may want you to give a speech at the kick-off of one of their major events, or they may simply ask you to work side by side with other volunteers, serving food, landscaping parks, painting schools, etc. Your involvement would present excellent opportunities for media recognition of volunteer efforts. Call your lova+ Volunteer Center at [insert your contact information]. ...You might take your family and friends to a soup kitchen or shelter on Make A Difference Day to do com- munity service, showing that you are willing to physically and personally tackle problems in your community. ...You might assign a community -wide coordinator to organize grassroots action in cooperation with your local Volunteer Center. ...You might identify a special problem challenging your community — homelessness, flood damage, or child care — and urge your citizens to tackle that problem on Make A Difference Day. ...You might use Make A Difference Day activities as a way to initiate action on a major community concern or issue. ...You might tell the local paper that tames USA WEEKEND and is a local co-sponsor of Make A Difference Day that you back this day of community service and let them know that you will participate in projects on October 26th. (MAKE A DIFFERENCE DA MOT LINE: 1-800-416-5824 ; In Washington, D.C. call 202-223-9186, ext. 183 CITY OF EAGAN PROCLAMATION MAKE A DIFFERENCE DAY OCTOBER 26, 1996 WHEREAS, the foundation of a humane and just society is the people's willingness to work together for the common good; andes and their overall quality of life in neighborhoods, communities, schools and workplaces; and WHEREAS, our country's volunteer force of 89.2 million people is a great treasure; and WHEREAS, self-sacrificing individuals mobilized to help others can stem the tide of poverty, hunger, homelessness, spouse and child abuse, and other problems that afflict society; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, it is the duty of all our citizens to search out opportunities to make a difference in the lives of those around them and dedicate time and resources to the betterment of their community; and WHEREAS, USA WEEKEND is working in partnership with The Points of Light Foundation to promote a national day of doing good. NOW, THEREFORE, BE IT RESOLVED, the City of Eagan does hereby proclaim October 26, 1996 as Make a Difference Day in the City of Eagan; and BE IT FURTHER RESOLVED, that the City of Eagan encourages citizens to observe this day by joining with friends, fellow employees and relatives, with religious, school and civic groups to engage in projects benefitting their community. Motion made by: Seconded by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Attest: Its Mayor Its Clerk I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1996. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Item September 3, 1996 Eagan City Council Meeting H. DELOSH ADDITION - DEVELOPMENT CONTRACT AMENDMENT - COMPLETION DATES ACTION TO BE CONSIDERED: ► To approve or deny a request to amend the completion dates in the approved development contract for DeLosh Addition. FACTS: ► DeLosh Addition received approval on May 15, 1996. ► The developer experienced unexpected complications, resulting in unachievable completeion dates. ► Several completion dates listed in the development contract have expired. The developer is requesting to extend the completion dates as follows: Item Erosion & Sediment Control Measures Site Grading Subdivision Monuments Utilities (sanitary, water, storm sewer) Streets (concrete curb & gutter, gravel base and the first lift of blacktop) Boulevard Restoration Street Lights Street (MnDOT 2341 Modified Wearing Course) ATTACHMENTS: (1) Plat Map - page Approved Date March 31, 1996 June 15, 1996 May 15, 1996 September 15, 1996 October 15, 1996 November 1, 1996 February 15, 1997 July 1, 1997 Proposed Amendment completed October 15, 1997 October 15, 1996 November 30, 1996 June 15, 1997 August 15, 1997 August 15, 1997 July 15, 1997 --v320_68— SKYLINE: ROAD S O • m r m :n a v v N EXCEPTION POST ADDITION 1.10 Ufr u.[ Cr PW AWTOCH b 7 mo Irs muecar ortaaw N 90-11-42"' W 330.00 L ISOUWTIOr L M 1. fft R SM m m M cT 0 Oft= w=1-1 RAW/ !4T y i S HIGHRIDGE TERRACE a m 0 cri 0 z r.. I rTTT-1 O • m r m :n a v v N EXCEPTION POST ADDITION 1.10 Ufr u.[ Cr PW AWTOCH b 7 mo Irs muecar ortaaw N 90-11-42"' W 330.00 L ISOUWTIOr L M 1. fft R SM m m M cT 0 Oft= w=1-1 RAW/ !4T y i S HIGHRIDGE TERRACE a m 0 cri 0 z r.. Agenda Information Memo September 3, 1996 Eagan City Council Meeting I. AMENDMENT - DEVELOPMENT CONTRACT COMPLETION DATES TOWN CENTRE 100 SIXTEENTH ADDITION (ALLINA) ACTION TO BE CONSIDERED: To approve or deny an amendment to the development contract completion dates for the Town Centre 100 Sixteenth Addition (Allina Health Systems) located at the SW intersection of Lexington Avenue and Yankee Doodle Road. FACTS: The Final Subdivision for Town Centre 100 Sixteenth Addition (Allina) was approved late in 1995. Completion dates in the development contract as proposed by the developer reflected a Spring start for construction. Due to fine tuning by Allina to establish the parameters of the proposed building and the services that would be provided, the Spring start has now shifted to Fall 1996 requiring completion dates to be revised for site grading. erosion control, monumentation, restoration, etc. BACKGROUND/ATTACHMENTS: (3) Plat Map, page -.2 . Original completion dates, pageE Revised completion dates, pag P3 i m x W t �� i s +HIM Ilk I l a, 11 lid 6 M Q Q a $ 0 CD LAJ s � I H 2 W U 2 O H NI W a ;� the contracts for the improvements and the assessment of the cost of said improvements levied by the City pursuant to the Minnesota Statutes §429, including change orders necessary for the completing of the improvements. 6. Develo er Improvements. The Developer shall install at its own cost the following local improvements: watermain lateral; services; storm sewer; private streets and parking lots with concrete cub and gutter; erosion control; site grading and restoration; control monumentation; property comers and related appurtenances and other improvements described in this paragraph and subparagraphs. Seven (7) complete sets of all required detailed plans and specifications as required, shall be prepared by a registered professional engineer and shall be submitted and approved by the Public Works Department prior to final plat approval. Michael Sharpe (730-6448) is hereby determined to be the Project Engineer or Manager of the improvements necessary for this development and is authorized by the Developer to address any and all concerns of the City in regard to the improvements necessary for this development. These improvements shall be completed in accordance with approved plans and specifications on file in the office of the Public Works Department, which are hereby made a part of this Contract, as follows: ITEM COMPLETION DATE Erosion & Sediment Control Measures .............. - ........... .... SiteGrading......................................................................... Subdivision Monuments...................................................... Utilities (sanitary, water, storm sewer) ................................ Parking Lots (Concrete curb & gutter, gravel base, andblacktop)..................................................................... Boulevard Restoration......................................................... 4 a' J May 15, 1996 July 1, 1996 June 1, 1996 August 15, 1996 November 15, 1996 September 1, 1996 KRAUS -ANDERSON CONSTRUCTION COMPANY CONTRACTORS & CONSTRUCTION 'AANAGERS August 26, 1996 Mr. Joe Voels City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Oak Park Clinic Eagan, Minnesota Dear Mr. Voels; The following is a list of revised completion dates for improvements outlined in Article 6 of the Developers Agreement for the Oak Park Clinic in Eagan, Minnesota. Erosion and Sediment Control ':Measures September 15, 1996 Site Grading October 1, 1996 Subdivision Monuments September 15, 1996 Utilities (sanitary, water, storm sewer) October 15, 1996 Parking lots (concrete curb and gutter, gravel base and blacktop) November 15, 1996 Boulevard Restoration July 1, 1997 If you have anv questions or require further information, please contact me at yur convenience. Very truly yours, KRAUS :ANDERSON CONSTRUCTION COMPANY Barry E. Jaeger, P.E. Vice President BEJ/tab aul vision 200 Granue, St. Paul, MN 55102A , e�� Phone: 1612) 291-7 1i FAX: (612) 290-6120'=� 1S -i Equal Opportunity Emplover Agenda Information Item September 3, 1996 Eagan City Council Meeting J. FINAL SUBDIVISION PRELIMINARY & FINAL PLANNED DEVELOPMENT SAFARI AT EAGAN 3RD ADDITION ACTION TO BE CONSIDERED: ► To approve a final subdivision for Safari at Eagan 3rd Addition for 3 lots on 7.7 acres, located west of Thomas Center Drive and north of Cliff Road in the SW 1/4 of Section 28. 01 To approve a preliminary and final planned development for Safari at Eagan 3rd Addition for 3 lots for the development of a theater/restaurant and two office buildings, located west of Thomas Center Drive, north of Cliff Road in the SW 1/4 of Section 28. FACTS: ► The Preliminary Subdivision and Preliminary Development plans received approval October 17, 1995. ► A neighborhood meeting was held on August 19, 1996 to show the final plans. Approximately nine residents attended the meeting. ► The development contract, preliminary and final planned development agreements and financial guarantee have been reviewed and are in order. ATTACHMENT: (2) Plat Map -page of -- v Agenda Information Memo September 3, 1996 K. PUBLIC WORKS COMMITTEE ACTION EAGANDALE CORPORATE CTR ACTION FOR COUNCIL CONSIDERATION: To receive the recommendations of the Public Works Committee and deny the request of Maplewood Acres, Inc., for the Eagandale Corporate Center Addition. FACTS: • Maplewood Acres, Inc., has requested the City Council to give consideration to providing credit for previously levied trunk area assessments over land being developed and dedicated for public ponding easements as necessary to incorporate the wetland mitigation requirements of the Water Conservation Act (WCA) in consideration of filling two wetlands to accommodate the proposed development scheme. • On August 20, the City Council referred this request to the Public Works Committee for review and a recommendation for consideration by the City Council at a later date. • On August 23, the Public Works Committee met with the applicant to discuss the request. As a result of the meeting, the Public Works Committee is recommending to the City Council that it deny the request as presented. • Mr. Hoeschler, representing Maplewood Acres, Inc., has indicated he would not pursue the issue further than the Public Works Committee recommendation. ATTACHMENTS: Public Works Committee packet, pages '3)� through Minutes of Public Works Committee meeting, page 4an G11 AGENDA Public Works Committee Meeting Friday, August 23, 1996 9:00 A.M. Municipal Center I. Call To Order/Adopt Agenda H. Eagandale Corporate Center - Special Assessment Credit M. Adjourn Z)D II. EAGANDALE CORPORATE CENTER - SPECIAL ASSESSMENT CREDIT ISSN Mr. Jack Hoeschler representing Maplewood Acres Incorporated has requested the City of Eagan to credit trunk area assessment obligation for newly created wetlands being constructed as mitigation for filling existing wetlands within the above referenced subdivision. This request was presented to the City Council at their meeting of August 20, 1996 and subsequently forwarded to the Public Works Committee for review and recommendation. BACKGROUND In September of 1995, the City Council approved a preliminary subdivision for the Eagandale Corporate Center consisting of 200 acres located in the northeast corner of Lexington Avenue and Yankee Doodle Road. The petitioner has made an application for final plat approval for the north 120 acres. A portion of this property has previously been assessed for trunk area utilities. The remaining unassessed portion will be collected under the terms and conditions of the Development Contract Agreement. In calculating trunk area obligations on new plats, the City deducts all dedicated public right-of-way and ponding easements. The development proposal plans to fill in some existing wetlands for which he must provide replacement wetlands as mitigation on a 2:1 ratio. Some of the mitigation replacement wetlands will be located within the area, where previous trunk area assessments have been calculated. However, because there was no easement previously dedicated for the proposed relocated mitigation wetlands, trunk area assessments were calculated and levied on what was then the net assessable area. The developer is requesting that the expansion of the easement to incorporate the mitigation wetlands be credited against the new net area calculation for trunk area assessment obligations. This request in essence is requesting a rebate for previously levied trunk area assessments at today's current rate based on newly created wetlands. There has been no precedence in the past for such a credit being provided. Since the development and adoption of the City's Water Quality Management Plan, the vast majority of all new developments are dedicating water quality treatment basins which is identical to the mitigation wetlands being provided. If this request is approved, directions should be given to staff as to whether this should be considered precedence setting and applicable to all future situations. As net assessable areas are reduced, the rate per acre may have to be increased to generate the same amount of funds necessary to accommodate the Comprehensive Storm Water Management and Water Quality Control Plans. DISCUSSION/RECOMMENDATION 3 08/20,1996 13:54 3379220 JOHN G HOESCHLER PAGE 02 R-97% U John G. Hoeschler, P.A. AT7DRHEY [ 420 Pillsbury Center. 200 South Sixth Street Minneapolis, Minnesota 55402 I—i 612.337.9292 (Fax) 612.337.9220 August 20, 1996 Mayor Tom Egan. and City Council Members City of Eagan 3834 Pilot Knob Road Eagan, Minnesota 55122 re: Request for Policy Direction regarding Eagandale Corporate Center Dear Mayor and Council Members: On behalf of Maplewood Acres, Inc., the developer of Eagandale Corporate Center, we request that you instruct city staff to give us full credit for all wetlands we construct or save on our plat in calculating special assessments. While this request seems simple and easy to grant since that is general pity policy, we have run onto a situation where your staff is reluctant to apply it because of certain quirks of timing and geography. Specifically, the City intends to assess the easterly forty (40) acres of our Eagandale property for WAC and other assessments. The area directly west of this forty acres has already been assessed for these items. On our forty acres are two wetlands that we are fiYling and relocating ( at a 2 for 1 ratio) just west of the forty acres. Because the replacement wetlands sure not in the assessment area, we are not bring ,given crrcdit for the wetlands that are being relocated even though they are being doubled in size. Would you please instruct your staff to give us credit for at least the area of the old ponds if not the doubled area of the new ponds. Thank you for your assistance. Yours very truly John G. schler 3�?- 3379220 08-20-96 03:01PM P002 #22 John G. Hoeschler, P.A. Artomey 420 Pillsbury Center. 200 South Sixth Street Minneapolis. Minnesota 55402 612.33 7.9292 FAX 61-1.337.9220 MEMO TO: Tom Hedges, Tom Colbert. Mike Ridley FROM: Jack Hoeschler DATE: August 16. 1996 RE: Eagandale Corporate Center Special Assessment. I wish to alert you to an issue involving how WAC and Water Trunk Assessments are levied that. I believe. results in an unintended. unfair situation on the Eagandale plat. If we cannot resolve this at the staff level I would like to raise it to the Council next Tuesday so that work on the Development Agreement and final plat approval will not be delayed. Jerry Wobschall tells me that WAC and Water Trunk Assessments are not levied against land subject to a drainage or wetland easement (apparently because that land is unbuildable). In the case of the already platted lots in Eagandale Center Industrial Park No. 4, there were two wetlands (originally totaling slightly over one acre) which are being filled and replaced 2:1. The problem arises because the replacement area is located outside of the area being assessed. As a result, we are losing the credit we should get for such an unbuildable area. I request that you determine that the developer should get credit at 2:1 for all wetlands originating in the assessment area that are mitigated outside the assessment area. If you feel that this is a policy issue more appropriate for the Council to decide, I would like to raise it for their review and decision next Tuesday in the open portion of the agenda. Would you please give me your counsel? cc: Dan Chen CAF MnA.,,a,.,�Mleven® -A CC LL) L) CC LU U: I. A, En V)N ri — — — — — — — LLJ J$z'F N 41 WJAI I.. Ui LU A ............. .. .... ......... .... ......... X Lo F - In zL) ........ < —j LLJ F - Li X.E Fa 0 Ld LA.1 LLJ A M CN D z 1 z LLIO • 'c I A - six "'A., 41 L ALI ce) It La AM z Z —J —J Li LAj ... .. . ......... X ON (III Ojfa Al ..;�.�L� —city of eagan PUBLIC WORKS COMMITTEE MEETING MINUTES FRIDAY, AUGUST 23, 1996 At 9:40 a.m. on Friday, August 23, the Public Works Committee convened in the office of the Director of Public Works by way of a telephone conference call linking Committee Chair Councilmember Wachter and Councilmember Awada with City Hall. Also present were Public Works Director Tom Colbert; City Administrator, Tom Hedges; and the petitioner Mr. Jack Heschler representing Maplewood Acres, Inc. After a brief summation of the issues and the information contained in the Committee packet by Tom Colbert, Mr. Heschler provided a further explanation of the request and justification for favorable consideration. Mr. Heschler generally emphasized the need for the Committee and Council to consider a general policy statement that would provide more fairness and equity to developers and property owners by providing trunk area assessment credit for newly created wetlands. Committee Chair Wachter than inquired as to what were the total dollars involved in this request. Public Works Director Colbert responded that he did not have the economic impact information available as the Finance Department's consultant who calculates these obligations has been on vacation and there was insufficient time for others to perform that analysis. Committee member Awada then indicated that the land area and economic impact of this specific application is not as important as the concern for creating a precedence and possibly changing the current City policy. Committee Chair Wachter agreed with the concern regarding the precedence issue and changing the City's Comprehensive Assessment Policy. Committee member Awada indicated that this policy question was significant enough that the entire Council should decide it. Committee Chair Wachter agreed but wanted the Public Works Committee to provide a recommendation to the City Council for consideration and further stated that he does not support the request. Mr. Heschler then provided additional commentary, explanation, and justification for the various benefits and disadvantages associated with locating and relocating various wetlands within the development proposal. Committee Chair Wachter indicated that the City Council has not deviated from this policy in the past and then recommended that the Committee deny the request. Committee member Awada then agreed with the recommendation. Public Works Director Colbert indicated that this recommendation would be forwarded to the City Council at the September 3 meeting. At that point, the Committee adjourned and the conference call ended at approximately 10:05 a.m. Resp lly submitted, Director of Public Works TAC/j j Agenda Information Memo September 3, 1996 Eagan City Council Meeting F,. FINAL SUBDIVISION - EAGANDALE CORP -ORATE CENTER (MAPLEWOODs ACTION TO BE CONSIDERED: To approve a Final Subdivision for the Eagandale Corporate Center subdivision located north of Yankee Doodle Road and east of Lexington Avenue. FACTS: Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS: (1) Final Plat Map, pag6z�' 3% 10 5 S i g�a ail a r-----r--I„ i 00--i All ��3� i a S�r�4+ks R t • o ISI I se•slf: � `;` l l l i Rewe I P — — — -- — — —�_� I ��`� Ash ..:w.-�.�� •c — — -� \ �I. — — — — — — --� I I �• — — —Kai$ —�Q— � 1 Ilk I Iq N 0 RA _ V;=— —4 e„e I aIIa I opt eir alas flake — rl w Iii IT w'I — — — , 1 y big -41 mLwrsuwAm A am on—, se — — — — — — — — — — ;Y$ ' —J miM• I I +•11pp J�sCb — ^ p v �✓/ f133�5 s IO i L33ms 33S • r s� m -'--V 3Nn HDiVVI •— -----•- 3� w W :n It L6 - Cs Cs W Li a 0 RA _ V;=— —4 e„e I aIIa I opt eir alas flake — rl w Iii IT w'I — — — , 1 y big -41 mLwrsuwAm A am on—, se — — — — — — — — — — ;Y$ ' —J miM• I I +•11pp J�sCb — ^ p v �✓/ f133�5 s IO i L33ms 33S • r s� m -'--V 3Nn HDiVVI •— -----•- 3� w W :n It L6 - Cs Cs W Li a 3� w W :n It L6 - Cs Cs W Li a .. �.r.� r H • .JJ•.� ... y 3NI'- r011ri •• .. t— -------------- ail Vi . — is ! rorro s I _v I �a �o g� 41 W--- — — --m----- ----J •� �� I ae, co AD Ai AO CLW 5 I I I • V -- — — — ——— — — — — —— i -� asI I I its= s WAS- J / `i I �r1� ,� r •p ^ I z Q Vi i mai Gil MD rna m \r 0 I II ao,`* �. ' s CPEO I• kl I • Q6 O• co yau� w+ I s.l I ^ • 1 moi't ^ I VT 0 D.'•— _E I =a1I c Bio -Pt O r._ I I s -I ■ �;, 00 �.a 6its jp� � I I 4�y :t rn A��;ti��o :• R £r 'ON 'OM '00 « '1.'41 wo.m= o (3nN3Ay NOIJNIX31) r !—� rYwnO iSYw.Ot .1 Al IiY ~ .• 1N CLdO.. '- • r {t.0at.. .. —' — — — - — — 3 »s►.f LOC N Y1 n R . O. m �_ rz 1 _�30MI;0 NJNDN -� i i �I � :Ix r2 . M 41.96001 S Ulf M S 1.9 400 s -pa's W I- . . . .. .. ..... 4'. L_ aft . . .... .... a% 1.1.1 9t can 6b ae co it Is ... I's I Lj cc -4 al goo. am 1 _�30MI;0 NJNDN -� i i �I � :Ix . M 41.96001 S Ulf ._ -pa's W I- . . . .. .. ..... 4'. L_ aft kaj 9t can 6b ae co I's I Agenda Information Memo September 3, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a Final Subdivision for the Seneca Hills subdivision located east of Highway 13 and south of Robin Lane adjacent to the Centex Vermilion townhouse development. FACTS: Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS (1) Final Plat Map, page. 4D 14 LONE OAK ROAD Rf`i eN- RaA-b - LL RC.w.' t L.".•. — C LS.&K •c. tt (LOIi tNR tyD! i . stew c s IWO. ttat p� — t t - - —`iI s) „t I � t 1 � � � � � . i t • � ea.. •r. . clan ar ��`� r /70m4� I, t • I I rt , - � • mss• - _ i I .� � � I :LJ, 114 Y UOK otn QQW) ��/� �` 11 n; I • __ i� �; I I'R I �; i M I �•; ' Rai' / t! a{ i •I 1 •1! 1 CJ t I3 at, s le 1 1 1 t •, or ! j s E Imo. '',•���/R '�.VIP.'IIc?•` O I l L7 I ,.r<.�. w.r�.� )/ �\ ___•s • + IT I �t I � __ Ax r IF �" �I �•,+��R s �% �• "�'� 11%1 !itrn , N C I C IV ©r !I f -•...r✓ / �' Its\ hI , � T Ctrl 1 .'''r x , G� • • r .w• • . • � TQTERNE.' Rpti- t u.. t I�t� _ ��. __ � �`�:• �r'•��""��— � — � _ _ _ _ G'�" � tem � � 1 1A • tS _ PARK •�* I iY.�6t 1 ! 1\ t = L� � G I �d tt �• t� I• � Y $ i i jt •_ !t 6b a9 �� p0'E yA �ppiTW; 5 01'979.86 E WHON T-(mac;�oi tcc � L-ct U017"s 70 .ul. M# lM f Rf• I a F1 ri 3,Q W W u f� W a 1lf55i �� to tin G Ni V) J �1 �E gym, !t 6b a9 �� p0'E yA �ppiTW; 5 01'979.86 E WHON T-(mac;�oi tcc � L-ct U017"s 70 .ul. M# lM f Rf• I a F1 ri 3,Q W W u f� Asa �t vs s 4, bdo !t 6b a9 �� p0'E yA �ppiTW; 5 01'979.86 E WHON T-(mac;�oi tcc � L-ct U017"s 70 .ul. M# lM f Rf• I a F1 ri 3,Q W W u f� Agenda Information Memo September 3, 1996 Eagan City Council Meeting N. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT - TIMBERWOOD VILLAGE ACTION TO BE CONSIDERED: ► To approve a Final Subdivision (Timberwood Village Addition) consisting of 16 lots on approximately 14 acres at the southwest corner of Lone Oak Road and Pilot Knob Road in the NE 1/4 of Section 9. ► To approve a Final Planned Development to allow construction of 63 condominiums on Lots 1-16, Block 1 Timberwood Village Addition, on approximately 14 acres located in the NE 1/4 of Section 9. FACTS: ► The Development Contract, Final Planned Development Agreement and financial guarantees are signed and in order for execution at the regular City Council meeting on September 3, 1996. A related request for a conditional use permit to allow a dirt pulverizer on a portion of the Timberwood Village subdivision is also on this agenda. The development contract for Timberwood Village specifies completion dates for the proposed dirt pulverizing operation that would apply in the event the Council approves that conditional use permit request. ATTACHMENTS: Plat Map, page / 3. Site Plan, page a. a Agenda Information Memo September 3, 1996 Eagan City Council Packet ACTION TO BE CONSIDERED: To accept the low quote of OPM Information Systems for the local and wide area network hardware and software, authorize a request for bids for the network cabling and wiring, and approve funding the network system project from the 1995-1999 MIS CIP allocation. FACTS: There has been a long-time planning effort in the MIS Division for the installation at the City of Eagan of a Local Area Network and A Wide Area Network, including access to the Internet and E - Mail. ► Included in the development and review process have been MIS Coordinator Peterson, City Councilmember Hunter, City Administrator Hedges, Assistant to the City Administrator Duffy and the City's computer consortium, LOGIS. ► A packet of specifications and request for quotes was prepared and reviewed by the above personnel for all aspects of the hardware and software for the proposed network. ► An estimate was prepared for the necessary cabling and wiring in order to help estimate the total cost of the project. ► An estimate was prepared for the labor costs for installation. ► Staff, residents and other customers will benefit from increased efficiency, future cost savings and increased access to information and communications. ATTACHMENTS: Attached on pagestrator ough is a copy of memo from MIS Coordinator Peterson and Assistant to the City A Duffy, including the low quote and a copy of the network design diagram. II ;� I I `city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: MIS COORDINATOR PETERSON ASSISTANT TO THE CITY ADMINISTRATOR DUFFY DATE: AUGUST 28, 1996 SUBJECT: LOCAL & WIDE AREA NETWORK SYSTEM QUOTES MEMO As you are aware, there has been a long-term planning effort regarding the installation of a Local Area Network and a Wide Area Network, including access to the Internet and E - Mail, for all facilities at the City of Eagan. Involved in the planning effort have been City Councilmember Hunter, City Administrator Hedges, Assistant to the City Administrator Duffy, and me. City Councilmember Hunter's input was very important because of his knowledge of current technology and his awareness of customer service and our residents' needs. A packet of specifications for all aspects of the hardware and software for the proposed network was prepared with the help of the City's computer consortium, LOGIS. The packet and request for quotes was reviewed by the above personnel. The network will quickly become the backbone of our city's automation. The network proposal addresses hardware, software, cabling and design issues that will provide a flexible and reliable network with a strong base for future growth. The Local Area Network (LAN) includes the Municipal Center and Police Department. The Wide Area Network (WAN) includes all facilities not directly attached to City Hall, i.e., Civic Arena, Fire Administration, Fire Stations, and Central Maintenance Facility. All PC's and printers in these buildings will be on the network. The City went out for request for quotes for the network hardware and software. The cabling portion of the project had not gone out for bid, but we did request and receive a quotation from AUS Communications, Inc. They did this as a favor to us so that we could have some sort of estimate as to what this cost would be. (AUS was the vendor that was awarded the cabling bids for the Police and City Hall facilities.) When the proposed network project is approved, we will seek actual bids for the cabling in order to receive the lowest cost possible. In addition, LOGIS has estimated the dollar amount to cover our labor costs to install the system. 4 � There were five vendors that responded to the hardware and software quote requests. One vendor, Data Comm Connections, was the highest. The other four vendors, Unique Software, Galaxy Computers, CIC Inc., and OPM Information Systems, were all very close in their pricing. OPM was the only vendor that responded to all requests and was the overall lowest, when the quotes were totaled. The anticipated total costs for installation of the network, including access to the Internet and E -Mail are: Local & Wide Area Network Hardware & Software: $114,000.00 Estimated Network Cabling and Wiring: 38,000.00 Estimated Labor for Network Project: 20,000.00 Total Network Project Estimate: $172,000.00 The proposed method of funding these costs will be the MIS portion of CIP dollars for the years 1995, 1996, 1997, 1998, and a portion of 1999. Each year's current allotment is $35,000. We did not spend the 1995 allotment in anticipation of the installation. The benefits of this system to the City of Eagan include: + More efficient access to more information to provide a higher level of customer service and more efficient use of personnel time. * Residents able to access information from Eagan's own homepage. + Residents receive timely updates and quicker retrieval of information on what is current in Eagan. + Allows residents more convenient access to public information and public documents. + Residents can leave information or send information to city staff, more personalized customer feedback. + For the city itself: We will have more efficient data management and more access to data. We will have a more efficient backup system for documentation and applications. We will save time and dollars with upgrading and purchasing of software. Communications between staff and between Council and staff will be more direct and timely, and, in many cases, hard copies will not be necessary. As a whole, the system will allow for more efficient and effective use of personnel time. Attached for your information, please find the price quote from OPM Information Systems and a copy of the network design diagram. At this time it would be appropriate for the City Council to consider action accepting the low quote of OPM Information Systems for the local and wide area network hardware and software, authorizing a request for bids for the network cabling and wiring, and approving funding the project from the 1995-1999 MIS CIP allocation. If you need any further information, please contact us. MIS Co rdinator Peterson CA Assistant Jo the City Adrtinistrator Attachments 4S Quote Ret. a: Today's date: Salesperson: Quote Name: Item Part 0 * 4 b Q 7 8 9 10 11 12 13 14 15 to 17 16 19 20 21 99 23 24 25 26 27 28 18773 7/8/96 Rick Uglum OPM Information Systems Quotation for. Kristi Peterson City of Sagan 3830 Pilot Knob Road Finance Dept Eagan, MN 5S122 Phone:681.4609 F=881-4612 NETWORK QUOTE Qty hom Description rMN 1 COMPAQ RLE SERVER 219720-007 1 COMPAQ PROLIANT 1500 SSOOS P1166 8.6/32 148742.006 1 COMPAQ NO 4,3GS PLUGGABLE FST -WD SCSI -2 169171-001 1 COMPAQ SMEM 54MS KIT (96MB TOTAL) Suh-iatals for ITEM 1 COMPAQ FILE SERVER llhIt EYtended Price Price 11,799.00 11,799.00 1.375.00 1,975.00 1,528,00 1,826.00 74,998.00 61.1100ONEr 1 APC SMART UPS 100ONET PWRCHT HOT SWP 515.00 515.00 242457-001 1 COMPAQ TPDR 15/30313 EXTERNAL DLT 3,399.00 8,399.00 To connect this to the above server you must have a extra Compaq SCSI card part * 199533.001 for $375. EC100WKGP 2 INTEL IOOBASE-TX 12 -PORT HUB BUNDLE 2,199.00 4,398,00 Sack bundle includes (1)12 port 100mb huff and (10) PCI nice. EC1OOTX 6 INTEL 1 OOSASE-TX 12 -PORT HUBS 1,575.00 9,450.00 EX100MAFX 2 INTEL 1OOBASE-FX FIBER UPLINK MODULE 425.00 650.00 BC10ODL 2 INTEL 10/100 DOWNLINK EXT BRIDGE 0.00 0.00 These have a $725 value that we wig be able to provide a no coat If the bid goes to GPM. J2600A*ABA 1 HP ADVANCESTACK 1OBASE-T HUB -12 549.00 549.00 The same unit with SNMP is $849 INTEL20NIC 20 INTEL PCI NIL'S (included in the 2 hub bundles) 0.DO 0.00 PCLA8560PAK20 3 INTEL PROM 00 ISA NIC 20 PACK (60 total) 2,855.00 8,565.00 This comes to $142.75 per card. CMI OOBTX 2 XIRCOM PCMCIA E -NET AOPTR 10/100 215.00 430.00 Nota: these are the 10/100mb PCMCIA cards. 00862844030586 1 NOVELL NETWARE V4.1 (100) 4,825.00 4,825.00 00882644030582 1 NOVELL NETWARE V4.1 (25) 2,552.00 2,552.00 00802644086207 i NOVELL UPGR NETWARE:-4.1 (25)-(50) 1,938.00 1,936.00 068-195V35o 1 MICROSOFT MAIL SERVER W/10 Nodes 435,00 436.08 OBlAOSOV70LPA 100 MICROSOFT SCHEDULE+ LICENSES 78.00 7,300.00 050-052-050 35 MICROSOFT WINDOWS 95 UPQR CD-ROM 87.00 3,045.00 w/o CDROM each license alone is $89. SLAN1216VOOl 1 INTEL LANDESK VIRUS PROTECT V3.01 825.00 625.00 269A05OV7OLPA 50 MICROSOFT OFPPRO V7.0 pioenee only) 429.00 81,45o.00 CPA2501-8 6 CISCO PRO 2601 WAP,IPX,AT SOFTWARE 2,038.80 12,198.DO •CPA-CABVSSMT 6 CISCO PRO V.35 CABLE 95.00 570.00 ADTRAN -TSU 10 ADTRAN TSU DSU=Us 925.00 9,250.00 :J2670A*ASA S HP ADVANCESTACK 10BASE-T HUB -0U 249.00 1,245.00 LRE-MP4-US-4 1 SHIVA L'A►NROVER E (4 port) 2.183.00 2.18SA0 MLA2834BA 3 MULTI -TECH 26.8 V.84 EXTERNAL MODEMS 439.00 1,817.00 J2550A#okSA 5 HP INTERNAL JETDIRECT ENEr RJ -45 285.00 1,425.00 Thank you !or letting us serve you, at OPM Information Systeml 113,513.00 M .O N V3 - O O+ ) c � CD m N L_ = to rq — LL C W _ eG c i i ^ O � o o o � i � cc L77 c = i c m ^ M W v C'4 'd N` C12 cd O fLi N � O _ C� C .O V: p _ � O C OpZ-Op O T _. �. foo 0 X00 CY% _ � .--, ice— �N � � l to 2 �� UMW 0 • ��Jq .. O bo iI M W v J I w- �L — — — — — — — — — — — — — ?�C4 19, O I -0;� S� V � c i i ^ O � o o o � i � cc L77 c = i c m ^ M W v C'4 'd N` C12 cd O fLi N etl y -k N � _ C� C .O V: pw / C OpZ-Op O T _. �. foo 0 X00 CY% _ � .--, ice— �N � � l to 2 �� UMW 0 • S� V y i i ^ O i i o o � i � cc L77 c = i c m ^ M W v C'4 'd N` cd O fLi N etl y -k N � pw / C C O . a =moo �. foo 0 � / U CY% cz C.4 to S� V V V ^ O C O cc L77 c = i c m ^ M W v v pw / C C � J � / U 'r \ u\ v u GO � r Cd n � O Cd_–' - LL r W i1 q Agenda Information Memo September 3, 1996 Eagan City Council Meeting P RESOLUTION APPROVING SPECIAL LEGISLATION AUTHORI7 N ADDITIONAL ON -SALE INTOXICATING LIQUOR LICENSES ACTION TO BE CONSIDERED: To approve the resolution approving special legislation authorizing additional on -sale intoxicating liquor licenses. FACTS: ► The City was successful in gaining special legislation to increase the number of on -sale liquor licenses from 21 to 26 in the 1996 legislative session. The City by population is authorized 18 and previous (1994) special legislation allows for three (3) more than provided for in the law. The 1996 special legislation changes the three (3) to eight (8). ► The special legislation is effective upon approval by the City Council. ATTACHMENTS: ► A copy of the resolution is enclosed on pages,; 2nd S � CITY OF EAGAN RESOLUTION A RESOLUTION APPROVING SPECIAL LEGISLATION AUTHORIZING ADDITIONAL ON -SALE INTOXICATING LIQUOR LICENSES WHEREAS, Minnesota Laws, Ch. 418, Section 15, 1996 authorize the City of Eagan to issue not more than eight on -sale intoxicating liquor licenses in addition to the number authorized by Minnesota Statutes, section 340A.413; and WHEREAS, Minnesota Laws, Ch. 418, Section 19 make Ch. 418, Section 15 effective on approval by the Eagan City Council and compliance with section 645.021, subdivision 3; and WHEREAS,the City Council finds that Minnesota Laws, Ch. 418, Section 15 will benefit the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eagan that the authorization granted to the City of Eagan by Minnesota Laws, Ch. 418, Section 15 is hereby approved; and BE IT FURTHER RESOLVED that the City Clerk be directed to file a certificate of approval and a copy of this resolution with the Secretary of State. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By - Its Mayor Attest: Its Clerk K43iilJI�L�1i) 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 3rd day of September, 1996. E.J. VanOverbeke, City Clerk City of Eagan s �- Agenda Information Memo September 3, 1996 Eagan City Council meeting Ike. s__ 1 ; _31 ; ACTION TO BE CONSIDERED: To approve the engagement letter for Kem, DeWenter, Viere, Ltd., to provide auditing services for the year ended December 31, 1996. 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 1996 at the same terms previously outlined in their response to the RFP. ► The cost for the year will be $25,800, compared to $25,200 for the 1995 audit. ► A copy of the proposed engagement letter will be made available if any member of the City Council would like to review it. Sj Agenda Information Memo September 3, 1996 R. CONTRACT 97-01EMERGENCY VEHICLE PRE-EMPTION SYSTEM EVPI ACTION FOR COUNCIL CONSIDERATION: To authorize the preparation of detailed plans and specifications for Contract 97-01 (Emergency Vehicle Pre-emption System) at all signal locations within the City. FACTS: At the Special City Council meeting on Tuesday, August 20, 1996, the City Council authorized the installation of Emergency Vehicle Pre-emption at signalized intersections within the community. The authorization to prepare detailed plans and specifications would provide ratification of the action taken at the Special City Council Workshop. Prior to the contract award for the installation of the EVP system within the community, the City Administrator will be providing the City Council with proposed funding options for their review and approval. Agenda Information Memo September 3, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To confirm the appropriate procedure for the investigation , enforcement and possible revocation of the Richfield Blacktop company conditional use permit by either: 1) Following past practice or 2) finding that the circumstances justify an expedited hearing process, such hearing to be scheduled for October 1 or October 15. FACTS: Richfield Blacktop Company operates a facility at 3206 Sibley Memorial Highway which is subject to conditional use permits issued on October 4, 1994 and April 18, 1995. The original conditional use permit allows outdoor storage of trucks and landscaping materials and places conditions on their storage. The owners application and staff report note that the landscaping materials include sod, black dirt and landscape rock. In May of 1996, Horizon Landscaping Company began operating at the Richfield Blacktop location through an agreement between the two companies. On June 4, 1996, staff was contacted by Ron Miller of 3217 Donald Avenue, a neighbor of Richfield Blacktop, complaining that the loading and unloading of landscape rock was noisy and was a violation of the conditional use permit. Staff was in contact with Mr. Miller, the property owner, and the City Attorney on several occasions over the next week and one-half. Staff and the City Attorney informed Mr. Miller that the ability to load and unload landscape materials would be implied by a permit to store those materials and that the activity by itself was not a violation of the CUP. Mr. Miller indicated that there were other issues which needed to be addressed. He agreed to put his concerns in writing to permit staff review and enforcement. Staff was informed on June 24 by Mr. Miller's attorney that he would prepare the additional background. This was received by the City on August 9, at which time an investigation of Mr. Miller's additional concerns was begun. The August 9 correspondence also requested a hearing on the matter on August 20. The City Attorney's office prepared a response to the letter outlining the City's enforcement procedure and due process requirements for CUP revocation. Mr. Miller appeared before the City Council on August 20, requesting that the matter be heard on September 3. This business item has been placed on the agenda in response to that request. �s Agenda Information Memo September 3, 1996 Eagan City Council Meeting • Staff performed a site investigation on August 23, and has provided a compliance letter to the owner for observed violations of the conditional use permit. The staff investigation of the alleged code violations continues and in certain cases requires coordination with the Minnesota Pollution Control Agency. In response to the complaints and compliance letter, the business owner has indicated an intention to comply where possible and to request a modification of the conditional use permit for other items. In addition, the business owner has submitted information and allegations which are also the subject of staff investigation. An application for a revised CUP to address these compliance issues was received by the Community Development Department on August 29, 1996. • At such time as the City Council is prepared to set the public hearing for this matter, the City Attomev's office recommends that the hearing be scheduled approximately 30 days from the date it's being set. If the Council determines to set the hearing at Tuesday's meeting, it may be set for either October 1 or October 15. ISSUES: The actual issues relative to this matter will be outlined at the time of the public hearing. The issue before the Council this evening is to determine the appropriate procedure or next steps in this regard. The Council will wish to consider advice of the City Attorney and weigh the nature of the Miller's and Green's concerns, the due process requirements for decisions affecting private property and the relationship of process to subsequent legal challenges by any of the parties. BACKGROUND/ATTACHMENTS: NOTE: Some of the background items which follow have been previously distributed to the Council. They are duplicated here to provide background on the appropriate procedure for establishing a public hearing. All items, with the exception of the staff memorandum, owner's letter, restraining order, police reports and Safety Kleen correspondence have been previously distributed to the Council. • Staff memorandum, pages through. 6Zthro • Chronology of complaint and City response, pages u h g (Previous , distributed) • City Attorney's memo interpreting loading and storage, pages through (Previously distributed) • Staff response to Mr. Miller, page. (Previously distribu ed • Nathan letter to City regarding preparation of response, pag . (Previously distributed) 64M Agenda Information Memo September 3, 1996 Eagan City Council Meeting • Nathan letter to City regarding alleged violations, pages �?through (Previously distributed) • City Attorney letter to Nathan, outlining CUP process, page�1 distributed) �' �i0 1 distributed) • Nathan letter to City objecting to outline process, pages through <- (Previously • City Attorney letter clarifying the need for due process, pages _through AL. (Previously distributed) • Compliance letter, pages /vythrough (C� (Previously dispi ) • Owner's response to comp it ance letter and attachments, page throu h o? . This item �� g � has been included at the owner's request. (Portions previously distributed) Sr 0 A lb�l — city of eagan TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 28, 1996 SUBJECT: RICHFIELD BLACKTOP CONDITIONAL USE PERMIT MEMO In response to a complaint by Ron and Barbara Miller and Tim and Jonnel Green, the City Council has directed that the necessary steps be taken to place this item on its agenda for purposes of determining whether Richfield Blacktop is in violation of its conditional use permit, whether any violations can be corrected and whether the conditional use permit should continue, be modified or be revoked. The City Attorney and staff have prepared background information outlining the steps necessary to consider a revocation of a CUP. Past Practice and Legal Requirements As a part of City Code and practice, the City's approach to non-compliance with CUP or Code requirements involves several steps. Upon discovering a violation or receiving a complaint, the issue is investigated. The staff, sometimes in consultation with the City Attorney's office, determines whether a violation exists and gives notice to the property owner. As a part of that notice, the property owner is given a reasonable time frame within which to comply with the requirement and an expectation that it will be investigated at the end of that time period. If the owner fails to comply, fails to make a good faith effort to comply or fails to approach the City for a modification of the permit, a citation may be issued. The citation permits the City to enforce the matter through the courts if necessary. In the alternative, the City may bring a civil action to mandate compliance or enjoin the activity. If the owner continues to fail to comply or rectify the situation, the City begins the public notification and hearing process to consider revocation of the CUP. Essentially the same notice requirements of surrounding property owners apply as are the case in granting a conditional use permit. The City Attorney's office recommends that the time frame from ordering the public hearing to holding it be approximately 30 days. This process is intended to insure that the property rights of all owners are protected and balanced. It is also based in a philosophy of avoiding overregulation of business and facilitating positive relationships between adjacent land uses. In this case, the Millers and Greens are citing health effects associated with the continued S9 use of this property. The City Attorney's office has advised that these claims in themselves are not to expedite the process and that private remedies exist which may address the health effects more quickly than the City's zoning process can. In any case, the Council will want to address the issue in a manner most likely to result in the appropriate outcome and most likely to withstand a legal challenge. Issues The issues addressed by the complainants consist of alleged violations of the Conditional Use Permit, alleged violations of City Code and the appropriateness of the certain uses in proximity to their residential uses regardless of compliance with the CUP and Code. CUP violations have been investigated, violations have been found and a compliance letter has been sent to the owner. Code violations are also being investigated. Because some of the allegations concern violations of state environmental standards referenced by City Code, it will be necessary to request assistance from the Minnesota Pollution Control Agency to determine whether state standards are exceeded. Whether the use complies with City requirements or not, the complainants are requesting that it be discontinued. The August 20 letter from the Millers' and Greens' attorney suggests that "the only solution to ending the diesel fumes and high noise levels is CUP revocation." The attorney's letter goes on to state that "the present use of the property at 3206 Sibley Memorial Highway obviously is incompatible with the surrounding residential uses." In this regard, the City Attorney is advising that once granted, a CUP can only be revoked if the conditions themselves are violated and, upon notice, are not remedied in a reasonable amount of time. The owners of Richfield Blacktop have also raised concerns about the complainant's activities which may contribute to the issue. In particular, they allege that: 1. Mr. Miller placed fill on a hillside at the back of his yard on what is now Richfield Blacktop's property to extend the usable area behind his home. 2. Mr. Miller failed to obtain the owner's permission or a City permit for this work. 3. To accomplish the filling, Mr. Miller cut down trees on Richfield's property which may have buffered the properties. 4. The modification of the drainage pattern resulting from the filling has caused damage to Richfield's property and contributed to their choices about the configuration of operations on the lot. 5. Mr. Miller has continued to cut down trees on Richfield's property since complaining about the uses at issue. 6. Mr. Miller trespassed on Richfield Blacktop's property to videotape the loading activity in order to make it appear to be closer to his home and to make the situation appear more serious than it is. 7. Mr. Miller's behavior has caused owners of Richfield Blacktop to file a harassment complaint and receive a restraining order against Mr. Miller to not enter their property or have contact with them. While due process requires that the alleged CUP and Code violations be investigated and that the owner be given an opportunity to come into compliance, the complainants have requested that the use be removed entirely. Alternatives The City Council may find that it is appropriate to consider one of the following alternatives in approaching this issue: 1. Past Practice - The City has successfully induced compliance and revoked Conditional Use Permits following the steps outlined above. 2. Expedited Hearing - The City Attomey will advise as to whether the circumstances of the case justify an expedited approach to the hearing process. If so, it will still be necessary to complete the staff investigation and to provide appropriate notice and an opportunity for the owner to comply and/or respond. Background Preliminary background materials have been previously distributed to the City Council. Some of these are copied with this packet item and certain additional submittals are included with this item to permit the Council to consider the scope of the issues. It is important to note that the investigation has not been completed concerning all of the allegations of the complainants or the property owners. Because of the complexity of the issue and the importance of due process in private property matters, it would be advisable for the Council to consider the merits of the matter at such time as complete information from all parties and the results of the staff investigation are available. Thomas L. Hedges City Administrator ( V 4 _ -- city of eagan MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: MIKE RIDLEY, SENIOR PLANNER DATE: AUGUST 26, 1996 SUBJECT: RICHFIELD BLACKTOPIRON MILLER Following is the chronology of events that have taken place since Ron Miller first filed a complaint with the City regarding Richfield Blacktop, June 6. 1996 - Ron Miller complained to staff that Richfield Blacktop did not have a Conditional Use Permit to load/unload rock. It was his contention that approval for outdoor storage of trucks and landscape material did not include approval to load/unload rock. He asked the City to shut down the operation until a Conditional Use Permit was issued to load/unload rock. I informed him that I was not convinced an additional permit was needed to load/unload landscaping materials as this activity went hand-in-hand with outdoor storage of rock. then advised him I would review the files, speak with the City's Attorney, contact Richfield Blacktop, and get back to him. June 7. 1996 - I discussed Ron Miller's concerns and the 1994 Conditional Use Permit issued to the Johnsons with Mike Dougherty, Mike Dougherty was of the opinion that it was implicit that loading/unloading of material allowed to be stored outdoors would occur and no additional permit was necessary. I paged Ron Miller to inform him of this, but did not hear back or speak to him that day. I also discussed Mr. Miller's concerns with Penny Johnson that day. She explained that the business is operating exactly as explained to City staff and the City Council when they applied for their Conditional Use Permit in 1994. June 10. 1996 - Based on discussions with the City's Attorney, I informed Ron Miller that Richfield Blacktop was not violating the intent of their Conditional Use Permit and that they did not need another permit to load/unload rock. He was not pleased with this information; threatened legal action against the City, and said he would pursue the issue to the Supreme Court if he did not get any satisfaction. June 11. 1996 - At approximately 6:00 a.m. Ron Miller called me at home about noise at the Richfield site. At 8:00 a.m. I spoke with Eagan Police Officer McGrath who stated he had received a call from Mr. Miller as well. After investigating the site, he advised Mr. Miller there were no grounds to cite Richfield Blacktop. At 11:00 a.m. I called Penny Johnson concerning the noise complaint. She apologized and stated that there was an unusual occurrence with a driver starting earlier than usual. She agreed to limit start times to 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. In a conference call between me, Mike Dougherty, Tom Hedges and Mr. Miller, Mike Dougherty explained the reasons a separate Conditional Use Permit to load/unload rock was not required. June 13. 1996 - I faxed a letter to Ron Miller indicating that the City would continue to work with him and the Johnsons to try and resolve any concerns raised. I requested Mr. Miller to send me a letter outlining his concerns, proposed remedies, and action he wished the City to take in regard to the existing Conditional Use Permits issued to the Johnsons in 1994 and 1995. June 17. 1996 -1 received a letter from Michael Billmeyer, neighbor to both Ron Miller and Richfield Blacktop. supporting the Richfield Blacktop operation. l 1 June 24 1996 - The City received a letter from Mr. Miller's Attorney, Dale Nathan, stating that he would be conferring with Mr. Miller before preparing a response to my letter of June 13. August 9 1996 - Mr. Nathan dropped off a letter addressed to the Mayor, City Council and City Administrator in response to my June 13 letter. August 14. 1996 - I received support letters dated August 5 and August 6, 1996 from neighbors surrounding the Richfield Blacktop site. August 16. 1996 - Mike Dougherty sent a letter to Dale Nathan, Attorney for Ron Miller, in response to his August 9 letter explaining the process involved in enforcing zoning complaints and the procedure for setting a C.U.P. revocation hearing. August 20. 1996 - A draft letter to Mike Dougherty from Dale Nathan was dropped off at City Hall. August 23. 1996 - In response to claims made by Mr. Nathan regarding the Conditional Use Permits issued to Richfield Blacktop, Jon Hohenstein and Steve Dorgan visited the Richfield Blacktop site Steve has prepared a letter to the Johnsons outlining violations of their Conditional Use Permits that need to be corrected. I have attached various phone notes, letters, and memos that provide a chronology of events. Due to the volume, I have not attached Mr. Nathan's August 9 or 20 submittals that previously were sent to you and the City Council. If you would like any additional information, please contact me Senior Planner MRIs attach. richfiei baa _-- :-=c SEN? BY ^-11-96 7 1 : _E%,ER_SO\ SHELDON- MEM0RANDUNI TO: Mike Ridley, Senior Planner FROM: Mike Dougherty, City Attorney DATE: June 11, 1996 RE: Conditional Use Permit — Johnson Richfield Blacktop/3206 Sibley Memorial Highway Our File No. 206-12866 This memu is in response to your request for an opinion from our office regarding present and past conditional use permits for the above -noted property. The current propem owner makes use of two conditional use permits which were issued by the City. One permit is for outside storage of vehicles and landscaping materials utilized in connection with the landscape business and the other permit is for an auto service facility. It is our understanding that the landscaping business presently stores materials on the property, which materials are continually loaded and unloaded for distribution to its businesses customers. The loading area is within 300 feet of a residential district and the question has arisen whether the property owner is required to have an additional conditional use permit for the loading arca. Section 11. 10, Subd. 14(D) of the City Code states that "where d loading area is proposed within 300 feet of any residential district. a conditional use permit shall be required. In issuing said permit, the Council shall find that said loading area shall be developed in a manner so as to not have a detrimental effect upon the adjoining residential area." All conditional use permits are governed by general criteria found in Section 11.40, Subd. 4(C), which state in part, "the Council shall issue such conditional permits only if it finds that such use at the proposed location. (1) will not be detrimental or endanger the public health, safety or general welfare of the neighborhood or the City..." The general language of the conditional use permit is nearly identical to the language of the general provisions for loading areas. As noted earlier, the Council in 1994 approved a conditional use permit for the outside storage of landscape materials. The Council appeared to have been apprised of the nature of the landscaping business and of the materials sought to be stored outside and approved the storage of the landscape material within bins. Presumptively, the storage of landscape materials by a landscape business would require the unloading and loading of such material. It would be incongruous to require an additional conditional use permit for the loading and unloading in light of the Council �3 b .-c fee SE\T BY 6-11-iE : 1:4SEVERSON SHELDON- 5881 4694 = having determined that the storage was already permitted, particularly in light of the fact that the same standard would be applicable. Also, it is our understanding that a previous conditional use permit had been issued by the City for a different business which occurred on the property. Further, that the use for which the conditional use permit had issued has been abandoned for some time. The question arose as to what effect the terms and conditions imposed by the abandoned conditional use permit have on the operation presently occurring on the site. It is our opinion that the tents and conditions imposed upon the property in conjunction with a conditional use permit no longer have any effect if the use itself no longer exists. If the permit is of no effect, the conditions are of no effect. Tf you have any questions, please give me a call. MGDlwkt CC. Tom Hedges, City Administrator city of eagan VIA FAX June 13, 1996 RON MILLER 3217 DONALD AVENUE EAGAN MN 55121 RE: Richfield Blacktop - 3206 Sibley Memorial Highway Dear Ron: THOMAS EGA', Mcyo, PATRICiA AWIA^A SHAWN HUNTS SANDRA A. MAS', THEODORE o,ACa�?E< Council Mence,s THOMAS HEDGES City Ao^nmis.rc•c- E. J. VAN OVEIBE<E City Clfrk As follow up to our telephone conversation on the 11th that included you and I, Tom Hedges, and Mike Dougherty, I wanted to again assure you that City staff will continue to work with you and John and Penny Johnson to try and resolve the concerns that have been raised regarding the Richfield Blacktop issue. You indicated that you thought it would be prudent to try and have all correspondence and issues stated clearly in writing. Therefore, would you please prepare and send me a letter that outlines your concerns, proposed remedies, action you wish the City to take in regard to the existing Conditional Use Permits issued to John and Penny Johnson in 1994 and 1995, and any other information you wish to provide. If you have any questions or comments please do not hesitate contacting me. Thank you. Sincerely, *0 k Mike Ridley Senior Planner cc: Tom Hedges, City Administrator Mike Dougherty, City Attorney MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESCTA 5512-:eS7 PHCNE. (612) a; -46000 FAX (612)68!.46:2 IDD• (612; 45a•e535 THE LONE OAK'REE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Eouc, Opportunity/Affirmctive Acticn plcyer b MAINTENANCE FACILITY 3501 COAC,-VAN PCANT EAGA% 4!! N ,ESC7A 65'.22 PHONE ;t'2 :e y43CC FAX ,o � 2; e8 L =3e: NATHAN & ASSOCIATES ATTORNEYS AT LAW DALE C. NATHAN' ATfORNNEY AT LAW June 20, 1996 Mr. Mike Ridley City of Eagan Maintenance Facility 3501 Coachman Point Eagan, MN 55122 Re: Richfield Blacktop Highway Dear Mr. Ridley: - 3206 RENEE SCHAFF LEGAL ASSMAN*r JUN 2 � 1996 Sibley Memoris- Mr. Ron A. Miller has consulted ne to advise hirn on a problem, he and his neighbcrs are experiencing -4.- connection with Ric field Biacktcp - 3206 Sibley Memorial Highway. He asked me t-- respond on his beralf to yc;:r letter to him dated June 13, 1996. Mr. Miller has advised you of the situation and you have very kindly given it your attention. Your letter dated June 13, 1996, suggests that Mr. Miller provide you with a letter and other materials that describe the problem Mr. Miller and his neighbors are experiencing and advise the City of Eagan of the specific relief they desire. I am presently out-cf-state and will return the week of June 24, 1996. After I return, I will be conferring with Mr. Miller to prepare a further respcnse to your letter. In the interim, Mr. Miller and I respectfully request that it would be useful for city officials to observe the operations of Richfield Blacktop and view the area they are occupying. We believe this will be useful in demonstrating the seriousness of the problem for homeowners adjacent to Richfield Blacktop. Sincerely, C' C. 7 Dale C. Nathan 1,,ej� DCN/rs CC: Ron A. Miller Tom Hedges, City Administrator 02:tR+C ey.'v DALE C. NATHAN ATTORNEY AT LAW NATHAN & ASSOCIATES ATTORNEYS AT LAW August 9, 1996 Mayor and City Council City Administrator City of Eagan, Minnesota Eagan Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Richfield Blacktop Company - 3206 Sibley Memorial Highway Dear Mayor, City Council and City Administrator: RENEE SCHAFF LEGAL ASSISTANT Mr. and Ms. Ron A. Miller and Mr. and Ms. Tim Green have retained me to represent them concerning a zoning matter. They respectfully demand the following: 1. A hearing on their demands at the meeting of the City Council on August 20, 1996. 2. Revocation of the conditional use permit (CUP) issued by the City of Eagan to the Richfield Blacktop Company for the following reasons: a. Richfield Blacktop has substantially violated the conditions of the CUP. These violations are listed in Exhibit 1 to this letter. The violations are illustrated in the enclosed videotape. b. The CUP as implemented by Richfield Blacktop violates City Code 1 11.40 Subd. 4 (C). These violations are listed in Exhibit 2 to this letter. The enclosed affidavits of Mr. Miller and Mr. Green document these violations. C. The CUP as implemented by Richfield Blacktop has created a nuisance that has seriously City of Eagan, Minnesota August 9, 1996 Re: Richfield Blacktop - Page -2- 3206 Sibley Memorial Highway .affected the health of members of the Miller and Green families. d. A company other than Richfield Blacktop, the company to whom the CUP was issued, is operating one or more businesses at the location. Specifically, Horizon Landscape Supply Company is operating its business or businesses at 3206 Sibley Memorial Highway as shown by the enclosed documents obtained from the office of the Minnesota Secretary of State. e. Richfield Blacktop and/or Horizon Landscape Supply Company are operating businesses that we believe are not authorized for the property at 3206 Sibley Memorial Highway. Specifically, one of these companies appears to be in the business of renting vehicles and trailers. This is illustrated in the enclosed videotape. 3. Prosecute Richfield Blacktop and Horizon Landscape Supply for violating the CUP pursuant to Ordinance No. 52, City Code § 11.99 The City Council of the City of Eagan has the authority to revoke a CUP if there is a reasonable basis for doing so. City Code § 11.40 (H) states: "Failure to comply with any condition set forth in a conditional use permit, or any other violation of City Code provisions, shall also constitute sufficient cause for the termination of the conditional use permit by the Council following a public hearing." &i City of Eagan, Minnesota August 9, 1996 Re: Richfield Blacktop - Page -3- 3206 Sibley Memorial Highway The power of a municipality to revoke a CUP has been confirmed by Minnesota courts, ate ex rel Howard v. Village of $oevilie, 70 N.W. 2d 404 (1955); Standard Oil v. Cftv of inneaRS's, 204 N.W. 165 (1925). We respectfully demand that the violations and conditions reported in this letter and its enclosures be promptly investigated by appropriate city personnel and that the investigating individuals issue a report to the City Council advising the Council of their findings. My clients respectfully ask the office of the City Administrator to confirm that this letter and its enclosures have been received and will be processed. Thank you. DCN/nd enclosures 024MIgrs 1.Itr �f Sincerely, Dale C. Nathan EXHIBIT 1 Condition: The permit is for: (1) auto accessory sales and service facility within general business; and (2) outdoor storage of trucks and landscaping materials. Use (1) includes installation and repair of vehicles 3/4 ton or less, but only within the primary building. 1. Installation and repair services have been provided for vehicles of more than 3/4 ton. This has been observed by witnesses. It is documented by pictures. 2. Richfield Blacktop or another company is operating a U -Haul truck/trailer/equipment rental business. This can be observed and is illustrated in one of the videotapes. 3. Many times tires are stored outside at 3206 Sibley Memorial Highway. 4. Horizon Landscaping Supply Company is operating a sand and rock supply business, which is not within the meaning of garden store landscaping materials as represented to the City Council when the permit was issued. -Condition: Outdoor storage of vehicles, equipment, or supplies associated with the auto and truck service is not permitted. 5. Vehicles, equipment and supplies associated with the auto and truck service are frequently stored outdoors during days and overnight. Condition: Condition 2 required submission and implementation of a landscape plan for the bern area north of the site and the area along Highway 13. 6. We do not believe such a plan was submitted or implemented since there is no bern or compliance with Condition 6. Condition: Condition 4 required Johnson's Richfield to properly maintain all surfaced curbing and premises. 7. The premises have not been properly maintained as is shown in one of the videotapes. Condition: Condition 5 requires that customer parking spaces shall be striped and drive aisles delineated. 8. This condition has never been satisfied as shown in one of the videotapes. Condition: Condition 6 requires Johnson's Richfield to construct a berm along the north property line and railroad ties/timber bins to screen the proposed 2 J� storage. 9. No berm has been constructed. There are no railroad ties or timber bins. This is shown in one of the videotapes. L2ndition: Condition 7 limits storage of vehicles to 20 and requires that they be located in the northeast portion of the property up against a hill. Only one tractor trailer is allowed. 10. More than 20 vehicles frequently are stored on the property. They generally are not stored in the designated location and are not out of site of surrounding homeowners. As the videotapes show, the view at 3206 Sibley Memorial Highway is extremely unattractive and out of character with a residential area. Condition: Johnson's Richfield must comply with all city ordinances. 1 1. Johnson's Richfield and/or its tenants or associates violate City Code § 11.40, Subd. 4, Paragraph C (Ordinance No. 95, 2nd Series) as detailed in Exhibit 2. 12. Johnson's Richfield and/or its tenants or associates violate City Code § 11. 10, Subd. 14, Paragraph D (Ordinance No. 52), which states. 3 "Where a loading area is proposed within three hundred (300) feet of any residential district, a conditional use permit shall be required. In issuing said permit, the Council shall find that said loading area shall be developed in a manner so as not to have a detrimental effect upon the adjoining residential area." As shown by the Affidavits of Ron Miller and Tim Green and the videotapes, the loading area has been developed in a manner that is seriously detrimental to the adjoining residential area. 13. Johnson's Richfield and/or its tenants or associates violate City Code § 11. 10, Subd. 21, Paragraph F (Ordinance No. 52), which states: "The outdoor lighting system shall be approved by the City and shall be so designed to prevent undue light being directly visible from the ... abutting lots." Bright light from lamps at 3206 Sibley Memorial Highway shines directly into the Miller and Green homes and is very distracting. 14. Johnson's Richfield and/or its tenants or associates violate City Code § 10.41, Minnesota Air Pollution Regulations. 15. Johnson's Richfield and/or its tenants or associates violate City Code § 10.42, Minnesota Noise Pollution Regulations. 4 EXHIBIT 2 Operations at 3206 Sibley Memorial Highway, Eagan, Minnesota, violate the standards mandated by City Code § 11.40, Subd. 4, paragraph C as follows: 1. The uses of the property by Richfield Blacktop Company and/or others are detrimental to and endanger the public health, safety and general welfare of the neighborhood. 2. The uses of the property by Richfield Blacktop Company and/or others are not harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. The uses of the property by Richfield Blacktop Company and/or others are not designed, constructed, operated and maintained so as to be compatible in appearance with the existing character of the general vicinity, change the essential character of the area, and substantially diminish and impair the property values within the neighborhood. 4. The uses of the property by Richfield Blacktop Company and/or others involve uses, activities, processes, materials, equipment and conditions of operation that are hazardous and detrimental to persons, property and the general welfare of families because of excessive noise, smoke, fumes, glare and odors. 5. The uses of the property by Richfield Blacktop Company and/or others has created an attractive nuisance that, because of the absence of fencing, is a hazard to children who are likely to be attracted to the area and could be injured. E AFFIDAVIT I, Ron A. Miller, being duly sworn on oath, deposes and state 1. I and my family reside at 3217 Donald Avenue, Eagan, Minnesota, which is east of the property located at 3206 Sibley Memorial Highway, Eagan, Minnesota, the location of Richfield Blacktop Company. 2. We believe that a business is operating out of this property which is not owned by Richfield Blacktop and which has not been given authorization to operate by the Eagan Cin Council. That business is Horizon Landscape Supply Company. It is registered with the Secretary of State as being owned solely by John Springer. My belief is also based on conversation I had with John Springer on July 20, 1996, at which time he told me that he was a long time friend of John Johnson to whom the Conditional Use Permit was originally granted in 1994. Mr. Springer told me that he owned the rock and equipment on the northeast corner of the propem and he did not work for Johnson but owned his own business on that site. 3. We also believe that a U -Haul Rental business is being run out of this site by the Johnson for which there is no conditional use permit. 4. It also the appears that trucks larger than 3/4 ton and not belonging to Johnson Blacktop are being repaired at the site. This is based on observation of large yellow utility trucks remaining on the property for extended periods of time. These trucks have company names other than Johnson Blacktop on them. This would be in violation of the conditional use permit which indicates that ... "repair service shall be provided only for automobiles and trucks with a payload rating of 3/4 ton or less." There is also outdoor r7/ storage of vehicles as well as new and used tires which violates further the conditional use permit ... "no outdoor storage of vehicles, equipment or supplies associated with the auto and truck service." In addition to the junkyard appearance of the pile of used tires, this could well be a breeding ground for mosquitoes and other health problems. Additionally we have observed repair of dumptrucks occurring outside of the building which violates "All installation or repair service shall take place within the principal building only." In original conversations with the neighbors and before the Eagan City Council, Mr. Johnson stated that the only trucks present would be his and assured us that they would go "out in the morning and in at night" and that there would be no odors or noise in the neighborhood 5. The strong diesel smell has affected our older son who has asthma. He has increased the use of his inhaler and had to add new medication to his regime this spring and summer. 6. The constant loading and unloading of rock and gravel into dump trucks and the noise of the front end loader loading and then beeping as it backs up is happening daily from early morning into the evening including Saturdays. This noise has been a continuous stressor on our family life. We cannot have our living room or bedroom doors or windows open even on the nicest days because of the noise. We cannot hear each other, the television or VCR. We also do not feel we can use our deck for relaxation in the early evening because of the ongoing gravel pit noise. With both adults working, this is robbing us of our home enjoyment, relaxation and indeed awakens us even on our days off. The view of this operation is also unsightly. Mr. Johnson described his proposed operation in the City Council minutes of October 4, 1994 as a "garden store". This resembles a rock quarry and there is no evidence of "garden store" supplies except for a few rolls of sod on a flatbed truck. Located less than 100 feet from the back of our home. we can no longer enjoy the river valley view because of the unsightliness adjoining our property. We believe that this also has a negative effect on our property value, thus costing us money as well as peace of mind. 7. In regards to construction of a berm along the north side of the property there is a mound of dirt piled there. The conditional use permit also requires use of railroad ties to screen storage. We can see no railroad ties. The property is covered with bins made of used 4' x4' cement blocks piled on each other. This adds to the appearance of a gravel pit and quarry and not a "garden store". These bins are in full direct view of our living room window when the foliage is off the trees and has robbed us of our river valIe-, view --one of the mair reasons we built on this property 22 years ago, orienting the living space of our home to the west. 8. The original permit was issued with the stipulation to keep the trucks parked up against the hill so that they would be completely out of site of the residents of the neighboring properties. This in fact would be the south and southeast portions of the property, not the northeast as stated in the permit. However the vehicles are not being stored out of sight of the surrounding homes. The northeast corner is and northern property line of 3206 Sibley Memorial Highway is covered with cement block bins and open storage of rock and gravel. The south property line against the hill has several used garages. Sand, gravel, rock and garages leaves little or no room for truck storage against the hill. Trucks are consistently stored directly behind the principal building, in direct view of our living room. Additionally the large tractor trailer storage unit is and has always been stored next to the front of the building. again within direct view of the surrounding homes. 9. We are concerned about the access to the property by the large dump trucks going in and out constantly. They cross Letendre Street as the make a right turn off of Highway 13 and angle straight into -the service road. This intersection is very busy and it is often difficult to see turning traffic when driving south on Letendre toward Highway 13 or coming off of Highway 13 onto Letendre from the southwest. As a residential street, we have concerns that this will damage the street but even worse, it seems only a matter of time until a serious accident might occur. 10. We believe that Richfield Blacktop violates outside lighting codes by having unshielded spotlight on the back side of the building. These lights shine directly into our living room and bedroom windows as well as onto our deck. 11. We believe that the biggest violation is in regards to excessive noise, smoke fumes, glare and odors which are having a hazardous and detrimental effect on our home and family. Mane times we cannot even carry on a conversation sitting in chairs next to each other because of the noise of rock loading, the beeping of backing equipment, slamming tailgates. This impinges on our privacy, relaxation and enjoyment of our home and disrupts our sleep. The odors are a daily occurrence but are most pronounced in the early mornings while the dew is still on the ground and on very humid days. 12. We do not believe that the City of Eagan intended to have its residents living with a rock quarry less than 100 feet from their homes. We ask that the City Council give us our peace and quiet, our home values back by revoking the conditional use permit of Richfield Johnson Blacktop based upon violations of City ordinance. i Rorrald A. Miller Subscribed and sworn to before me this 9th day of August, 1996 W a 71071, DALE C. NATWW W ElMrm AN3 2me AFFIDAVIT STATE OF MINNESOTA )as. COUNTY OF DAKOTA ) Tim Green, being first duly sworn on oath, deposes and states: 1. I and my family reside at 3225 Donald Avenue, Eagan, Minnesota, which is east of the property located at 3206 Sibley Memorial Highway, Eagan, Minnesota, the location of Richfield Blacktop Company. 2. Operations at 3206 Sibley Memorial Highway, Eagan, Minnesota are serious affecting my health and comfort and the health and comfort of my family. The diesel small, especially in the mornings, is so strong that we have to close our windows so we can breathe. 3. The strong diesel smell is affecting my wife's asthma. She has no asthma problems until she comes home from work. She has been hospitalized three times for asthma problems since we began to get diesel smoke and fumes from operations at Richfield Blacktop Company. 4. 1 and my wife, Jonnel Green, are concerned about our small children inhaling the fumes from the operations at 3206 Sibley Memorial Highway. Everyday our children try to sleep through the noise. It is very hard to get children three years old and fifteenth months old to take naps or even go to bed at night (8 - 10 p. m.) when there is so much noise from the operations 1 at 3206 Sibley Memorial Highway. We are forced to wear ear plugs to bed every evening. 5. We also are very concerned about our children falling or getting hurt in a construction zone. We put up a fence and put locks on it, but we fear that our oldest child will somehow get out as children sometimes do and wander down to 3206 Sibley Memorial Highway. No one would ever hear a child fall in to the rock and gravel bins. It is very scary for us. 6. In the past we had a beautiful view from our home to the west. Now, we look at junk and garbage. In the past we sat on the deck with family and friends and engaged in conversations. Now, we often can't hear what someone is saying because of the continuous loud noise from 3206 Sibley Memorial Highway. Our family and friends have even asked us what's happened since it used to be so peaceful and quiet here. Timothy Green Subscribed and sworn to before me this Sth day of August, 1996. DALE C. NATHAN NOTARY PUSUC--MINNESOTA DAKOTA COUNTY WCo-s rr�AN31,2000 m tape of Minnesat �'- SE+CRETARY OF STATE CERTIFICATE OF INCORPORATION [ I. Joan. Ar.derscn'Grower Secretar,-a of State of Minnesota, do certif+; that: Articles of Inczrporatior'r duly signed and acknowledged under oath,, have been filed on this date in the ,Off ice of the Secretart; of State, for Lie tntorporat tan of the following cerperat ion. under and in accordance with the provisions of the chapter of Minnesota Statutes listed below. t This corporatio;i is now legally organi=ed ander the laws of Minnesota. Corporate Name: Horizon.Landscaoing Sugply Company �"'• Ccr;orrte Charter h.um�mer: 7F-777 i Chapter Formed Under: 3020. This cor:ificate has been Issued on 11/27/14?1. Z.0'd TT: TT Secretajl of State. XW 1P V 96, £L Inf 8890-STZ-ZT9:xFd :)X; Sw M a a e .7 t•777 ART:C.LES 07 INCORp6maIoN r C OF. iiORtZos L,L%-DsCAPxNG SUPPLY ComphM The undersigned i' -co �oratar, being a no .lural person of ful: aQe, is order to fe---' a corporation Umder Xi=esota Stat=02, Chapter %02A, hereby adopts the following Articles of Incorporations The ranee of the Corpera_ica is Xoritcn Landscaping SLIP:Y Cowpa-y. ^::e registered of -'Ice of the Ccrporatio- is :ocatee. it 8648 ::arriet AvesvQ South, S1o=ir.Q:ca, Ker.::ep:: Co;::,ty, Minnescsa, 55420. •-r (_) The tSgregate ==be= of Shares of StOck whit:: the Ceracrat!cn shall, have t a authority to Los -is is ter thousand (:O,CC�) z:lcrcA. (2) The Board of Directors mey, fro:- time to time, Qstabl:sh by reselatio= different classes or series of shares and ray fix the rights and preferences of oaid Shares in any class or series. 14} 110 the *UihAxity k4 issue :'.:area of a CIASS .or• series' to folders of shares of a-7wher E:B.cA ei ssiiea t9 efx86xuta om di3'106A491 Wits or conversion of its outsta»ding shares. y ,I • ' . PL zo MIT 96. £Z i b890»f1 ,Sv.S shareholder of tie Corporation shall have any preemptive rights or other preferestiai rights to srbscribe for or purchase ary shares of s,ry class or series or any other s.seLrities or-obllQailen's of the Corporation, wbether now or hereafter authorized. (5) NO shareholder shall be entitled to any e=ulative voti=g rights. t6) The sbarcholders sial, take action by`the a_f_rm- ative vcta Of the :ho:dtrs of a as crity o: the voting power Of the shares raprecented and voting at any duly herd rmect- ing of sh&riho:ders, except wherQ a Iarsnr proportion is required by law, these Frtitles, or a snare:older control agrear;en t . ARTICLE TV (2) The r4n&ge=Q::t of the Corporation saa_: be vested a Boa_-: of Directors. The initial Dcard o: Di:ecters shall consist Of one (1) a,Q.;ber. The sharQho^lets nay t:,a::ea£ter change the :,:r +er of Directors at any annual or special meeting. 42) Directors shall be elected by the vote of'tre holders of a majority of tae issued and ot:tstand1=q shares C: the Corporation's stock wbicb carry t. -Ie right to be voted for t2he election of Directors. (3) Di rectors ,i+ay be rer.eved with or without cause at any time by the affi=ative vote of t2.o. holders of a as--ority, VO 'd Z T : TT 96 . £Z in 'b890 -S TZ -Z i 9 : xed j �:)x SOS':4: i ■ Of the snares which carry t a right to be voted for the election Of Directors, whether or not the :otico of the meeting states that the 'matter.00 such re= -oval will be considered at the mcctirg. til Any action required or permitted to be taken by the Board of Directors of the Corporation may be taker by a written act:oi: a!—...cd by the ==be.: c.: Diractors that wou:d be required to take the samc Action at a nceting of khe Doak + at which asl Director: are present. except as to those matters requirinq shareholder .approval, in w%icu case the written Matron Must be signed by all memhgrs of the Soard of Di: ec to: s then is office. AA= C:,FR v The r -AM diad address c tho :::c=rfiarator it;: Col -n W. Springer 8700 - 1C:.`. Alvan= Scut. S:ocrir.Stcn, MDi 55420 ,he membership and addresses of the first Soard of Directors ere: Jo:-� W. Srriager 8700 - 10th Avo=u-e Scuth ilOcainstem, XN 3542v =N WITNESS w R:OF, t':e undersiQ«ed hss ha:reunto set his hand as of t?se *2-Z;0 'nay of N0 t.C7Y7 6� 199:. o w.�_prinsez 1 _ , -3 - s SO 'd £T: TT 96. £Z in��-�'b890-STZ '.: ..�:::..7. .__-':� 9: �� �:,n scs s 'STA^E OF MINNESOTA) • r + . - CO'JNTX OF Fl.�.'?iA�P_Tti3 �� • ', � � '• Tbo !oragroiap frstr-6imaa- was •cknowledQed before me this day al 1991 by Jollm W. SFria�e: •' s,.. ...rr�.;S -afar,► is SPATE OF WNNcSO+'A DEP "TMiNT C! V ATE FlL D NOV 27 I r. .s ��ia'�T:; .Pry:: •`i•`•�•i.,l -• .-. . .'ti ,y:.tj'• �� xi 746 : ,,.;_i J_ t r�i:•::. �.i.'►:i�.� Wit.._.".. .`� V,rLsa: s'.�` •rig,; },c..S t,••.. 90 TT 96. £Z .X890-SIZ-Zt9: j :)x SOS /State of Mlnneswo �� Off+ea ,of the Secretary o!'Sute r -Notice of Change of ;f 1'! ,Registered Otfrce — Raigistered Agent or Seth . by , wine a Corafr�fsr Harr:*ca Lsn3ses;i. S�'�?V Coaroany turst:ant to Mfnneso;a Statute% Section 302A123, 303.10.317,19. 317A.123 ar wraAMS the undersigned hereby Certifies that ane Board of Dtrffr Ars of Inc above naah*g Carreratlen not roSoilved to change the Corapration's regrawred off led and/or agent to: AWIIs It vow Po rr, W -m a aerenw aPI fratwt, 7w Owww "I Imcni" M ow Yes 70 eG Leer :Mt CORPORAftt wuai STAB OF NIAriV"rSOTA Aeetm her my ^w fat t ►A ee. aw err inti W • nvm revs eM aft ft~ r IMfr i sree:r FILE , �:,�., ,� ��r>:•,. SenrraeS �rrabn 293 gist 78th Street Offut e: the Secretary of State ts3.? Srsto Office Bwldinq I.s St. Paul.. MN •SS:SS SIOC:.instOr, ,tC^nth:n T fv `$5.2A.1:12 straits payable tat Seeratary of State taaat•.er.�:rrwa�Reu•�4—r0 �R"�•—�� De not I!$, t 01'fertat street et:resr or, IeCariar. Aar es• Gr COW-, 64 .14 Tre t&.. afsdress rnar not be a pet: of= bau k in w. be a street mess, pwrswam. :0 Marmesota se",ro., 3:ZA. t 1 SvbC 3 323 CZ Sabd S. 317.02 Sww. 13..317A.01 S:x. 2 T,•S change's e" itcv re On the dap it is rded wish vie Sesre:: ,-y of Sate. �Jnfess You rn e"Ll another dere, no 'a:er 1ha-4 30 Cats a4er filing —%*I the Secretary d Sass. M rus box' , Cir t,ly ;1.t f Cr' au:-%Q!4ed to ctterw*.e Mrs :C•^•rf catc ar—, : further Ceniry that ' wma .:and :hat t'v signima this Cemairnu : vrn b .br: c: 10 tr+t tynaf:Mb of ;00F;6•y as tef farts rn seellon i09 48 as J I rad so�teC :ha cert f4ate andtrr oath ho"a a 09.6e IF orw Annrueo Ape's of Cwoe.nr• S.W%Alwe J,� t r'eere rv%l l rtiti r Cee• pm `� : l i rrer idc^•. Do not wMe Wolw thin line, For Secretary of State's wme cr+ly. m Re-mvi Nv:'rbw } File Data STAB OF NIAriV"rSOTA F•lang Fee 63800 Die/►R7r,4_FyT Cr 3:A-3 FILE , �:,�., ,� ��r>:•,. SenrraeS �rrabn aE c 1 I rsz Offut e: the Secretary of State ts3.? Srsto Office Bwldinq St. Paul.. MN •SS:SS 16121296.2803. kUkt s straits payable tat Seeratary of State S:•S:C,e.Oer LO 'd DT: TT 96. £Z Ins 7890—STZ—ZT9: Xp".d oon 3aS 41 m 5r =ti ? State of•Minnesata Wice of the Secretary of State • • %% �� Nvtiee of Change of !tayLmred Office = Registered Agent or Both by Ieerwe M CMR MtoA Horizon Landsca in S=t ly Cotroary Pursvart to Mmnesota Statutes, Section 3C2A,123. 303.10. 317.1 S. 317A123 or 308A.025 the wmdersipr+ed hereby sartitws that the Board of Dirmors of the above heated Carpo►avon Piss resolved to thange tate corpoPation's •. replste►eg office and/Of &pent to: Tne n" west rmy rte: be a dost 04"Ce b= it frwst 7e a =Wjr, cddreas, pu•twat:t to Mtnnesota S=:vxs, Se. ivy+ 3024011, Sure 3.3.02 Sut:- 5.317.02 SwW. 13., 317A01 Std 2 Thd &Artge 4 elft=iK On she day It is f'11e1d'wiM the Sectary of Sten: unless YOU tndiule another date, rho tela than 30 days after r1ift with the Stew=llry d State, ,n ::us box: Nevember'l. 1995 I C+. ttty era: t par. altt't0rtted W exeC•Jte this CM:fiiaate and t fut•tltw 0141 iy that I unaerstartd that bar SSpmiM9 that otr.'F=% t am 3uCh:7 :a t`yC p.nWL,es of aarju••y as set forth n, semen 609.48 as it I hid Sipr:ed th13 t rtdlcdtt �rtdC 001h. NwW at Onow • 0r+'w *Wwwoo `ten N C•WWRM. • If toy ae rel VM0 10 a "10 -we IA e*eAC Tom Karel aw -PONI Irl UW ae$ DO N� =1 THE co"Owl KAt t[ L�ewt•e r11A.e DAN INCte�� (t1W FNN rlt7i w • P a a" 0u1 •►ear revr Ilii a'vn titi 1r0 atm fW'r j 0+a ► Siratt'C 32CO Sible • itencrial Ki•,i:vae µ++ II Eagan Dako:a 55121 33s.00 v+e,aaf�s.cv.—re so.aaec.�+ki Do nat lis: a d1i!tmit street a:dress or location. Ana wasreu ��aewers � Cn+Arr lleturn to• 7i El office 0► the secm%kry of stale Tne n" west rmy rte: be a dost 04"Ce b= it frwst 7e a =Wjr, cddreas, pu•twat:t to Mtnnesota S=:vxs, Se. ivy+ 3024011, Sure 3.3.02 Sut:- 5.317.02 SwW. 13., 317A01 Std 2 Thd &Artge 4 elft=iK On she day It is f'11e1d'wiM the Sectary of Sten: unless YOU tndiule another date, rho tela than 30 days after r1ift with the Stew=llry d State, ,n ::us box: Nevember'l. 1995 I C+. ttty era: t par. altt't0rtted W exeC•Jte this CM:fiiaate and t fut•tltw 0141 iy that I unaerstartd that bar SSpmiM9 that otr.'F=% t am 3uCh:7 :a t`yC p.nWL,es of aarju••y as set forth n, semen 609.48 as it I hid Sipr:ed th13 t rtdlcdtt �rtdC 001h. NwW at Onow • 0r+'w *Wwwoo `ten N C•WWRM. • J!V46we v%sw moist John W. S - its er tilt . MWA DAN President O—t S— 9 I e+ Oo not w iw tteiovv Ails ane. For Seemoury of Sesta a use only. '.. . Ileoetst Number Re Data I STATI s Fdtrra Fee. 33s.00 DEp RTQFEr�MINNESOTA ��OF STATE ri . lleturn to• swwokss Soviets 0w;sa0n office 0► the secm%kry of stale C T. 2 31495 ISO Stats Olfwo Brlfldirp Ss huh, MN 66155 r � too t ? 9b• (512) 22503 Mattie -.%cera al lwwe r. Swoury of S"F� it erl so *d VT: Ti 96, £Z IC VIM-STZ-ZT9: mh ms TRANS UNION ADDRESS VERIFICATION REPORT (AV10) Powers Investigations, Inc. Dept: TRACE, RETRACE / Queued by: SUPERVISOR Z ::07-23-1996 TIME:16:09:02 SUBJECT ID:AV10 A )11 SPRINGER,JOHN,WALLACE* 87?0„ 10TH,S,AV,BLOOMINGTON, MN, 55420,* TR NS UNION F ::'. (: PMS8509 "'.ADDRESS VERIFICATION WITH 10 NEIGHBORS** A': :ESS C HANNAH JEFF DU: SFDU .) .10 10TH S AVE K_=vHBORS 01. BRAYAANT C DU: SFDU e •5=1 10TH S AVE C2 . X -C -DONALD CAY DU: SFDU 8710 10TH S AVE 03. .O H N S 0 N HOWARD W DU: SFDU 2' 4= i 0 TH S AVE 04 ` OI ROE V UGHN DU: SFDU ,' 10TH S AVE C lY DAV_D E DU: SFDU .) 10TH S AVE C: �fOL3Y RICIARD V DU: SFDU j 10TH S AVE 0 ! . TA_LEY EDWIN C DU: SFDU � l' 31 10 TH. S AVE C3. :4ARXHAUSE.T DAVID J DU: SFDU 30 10TH S AVE 03. BELL C DU: SFDU `-t 10 10TH S AVE ROSTKOSKI THOMAS DU: SFDU 1 10TH S AVE S::; --CT NOT FOUND, CURRENT OCCUPANT RETURNED OF ATLAS REPORT* G+: DOR: 1992 MINNEAPOLIS DOR: 1984 MINNEAPOLIS DOR:1994 MINNEAPOLIS DOR:1979 MINNEAPOLIS DOR:1988 MINNEAPOLIS DOR:1973 MINNEAPOLIS DOR:1984 MINNEAPOLIS DOR:1961 MINNEAPOLIS DOR: 1971 MINNEAPOLIS DOR:1994 MINNEAPOLIS DOR:1993 MINNEAPOLIS (30) COPYRIGHT 1993, TRANS UNION CORPORATION 662 **************** * * ***************** DATE TIM,r 07/23/96 16:12CT (612) 854-8379 MN 55420 (612) 854-1542 IN 55420 (612) 854-6375 Mq 55420 (612) 854-1494 MN 55420 (612) 854-8950 Y"N 55420 (612) 854-0337 MN 55420 (612) 854-1516 F -N' 55420 (612) 854-1434 MN 55420 (612) 854-0668 MN 55420 (612) 851-9573 MN 55420 (612) 851-9825 W 55420 ' END OF REPORT ID: 07-23-1996/16:09:02 (ORN: 204) [B -0/F -0/P-0/0-0] *** 70 TRANS UNION ADDRESS VERIFICATION REPORT (AV10) **************** Powers Investigations, Inc. * Dept: TRACE, RETRACE / Queued by: SUPERVISOR ***************** DA—Z-:07-23-1996 TIME:16:09:32 SUBJECT ID:AV10 A�%011 S PR INGE R, JOHN, WALLACE * * 14968„ DUNDEE „ AV,APPLE VALLEY,MN,55124,* T =.::_dS UNION Fr... PMS8509 **..ADDRESS VERIFICATION WITH 10 NEIGHBORS** A O:RES 01 SPRINGER J DU: SFDU DOR:1992 1•:968 DUNDEE AVE SAINT PAUL NE". G3 H B 0 R S Oi. G.ZLLICH HARRY DU: SFDU DOR:1993 1•:957 DUNDEE AVE SAINT PAUL 02. TRI:IL£TT EDWARD DU: SFDU DOR: 1988 =979 DUNDEE AVE SAINT PAUL 0 NELSON DAVID C DU: SFDU DOR:1975 '.•956 DUNDEE AVE SAINT PAUL 0'. KIPKE, GERALD DU: SFDU DOR:1978 :?80 DUNDEE AVE SAINT PAUL 07; CARLSON JAMES P DU: SFDU DOR:1982 DUNDEE AVE SAINT PAUL 0 KLEBER CHARLES DU: SFDU DOR:1994 :.• +91 DUNDEE AVE SAINT PAUL C•. HADLEY JAMES A DU: SFDU DOR:1985 =)44 DUNDEE AVE SAINT PAUL 0d. GRESETH VICKY DU: DUPLEX DOR:1989 :•,992 DUNDEE AVE SAINT PAUL 0:-� . TI.MMERMAN STEVEN H DU: DUPLEX DOR: 1990 :.x':932 DUNDEE AVE SAINT PAUL 1'.. KNOTZ JOHN G DU: DUPLEX DOR:1989 DUNDEE AVE SAINT PAUL ON LAST NAME AND ADDRESS, FIRST NAME MAY MATCH. (20) OF ATLAS REPORT** COPYRIGHT 1993, TRANS UNION CORPORATION IL 662 DATE TIME 07/23/96 16:12CT (612) 000-0000 ME 55124 (612) 322-5827 ME 55124 (612) 423-3851 YIN 55124 (612) 423-4939 MN 55124 (612) 423-3611 2LN 55124 (612) 423-5310 MN 55124 (612) 423-6941 MN 55124 (612) 423-3870 MN 55124 (612) 423-6147 MN 55124 (612) 423-6456 MN 55124 (612) 423-5563 MN 55124 `•:' END OF REPORT ID: 07-23-1996/16:09:32 (ORN: 206) [B -0/F -0/P-0/0-0) *** ITI User A Batch 1 Time 04:01:42 PM Date July 23, 1996 Springer,John Wallace Spouse 14968 Dundee Av Apple Valley, MN 55124 Former address SS! --# 113 CSC MINNEAPOLIS/ST PAUL, 652 NORTH BELT E STE 133,BOX 674402,HOUSTON,TX,77267-4402,612/370-9270 *S=RINGER,JOHN,W SINCE 03/00/79 FAD 05/25/96 FN -672 299,W 78TH,ST,MINNEAPOLIS,MN,55420,DAT RPTD 04/95 i4958,DUNDEE,AV,APPLE VAILLEY,M14,551241TAPE RPTD 08/93 BDS-O1/24/56,SSS-507-74-0668 01 ES -OPERATIONS MGR,HORIZON LANDS CAPE IBLOOMING, AL7 02 EF -1299 W 78TH ST 03 E2 -,TRANSIT MGMT OF HARVEY,HARVEY,IL& E:7:) OF EQUIFAX IDENTIFICATION INFORMATION REPORT - 07/23/96 �-/ I / --) l cl� POWERS INVESTIGATIONS, INC. Page: Designator. Investigator: Case No.: -96- Date: Owner: 0 ' 104 L, > IU 'r Birthdate:_% Address: i 4 q . City: -1-It6 114ta State: Minnesota Zip: S-S/O� Y fn Style/Series: (A) 14 e Year Make: Plate: kL /Z ! A,; Expr: ke'so irik-�r AA JA1 Style/Series: �- P C j1 Year: Make: 14411 PIate: 4 Z4 q Expr: ) 19� - c! Style/Series: Year: Make: Plate: Expr. Style/Series: year: Make: Plate: Expr: br'saoi5eelw�wor�^: orrrs:`alph-fir. dx q,-3 Order 1698809 EXPLORE 07/23/1996 Recueste, ID wp MVR REPORT POWERS INV INC L:' NSE: S165429866065 SPRINGER, JOHN WAT-LACE 14968 DUNDEE AVE APPLE VALLEY, MN 55124 COL-14TY: DAKOTA E-71GHT: 612" POLICY: BORN: 01/24/56 WEIGHT: 215 SEX: M EYES: GRY CLASS TYPE -------------------------------------------------------------- ISSUED EXPIRED STATUS CLASS A - CDL REGULAR 03/01/95 01/24/99 VALID CONSTRAINT DESCRIPTIONCDL STATUS: VALID ----------------------------------------------------------- ANTTANRER -------------------- END ENDORSEMENT DOUBLE TRIPLE RESTRICTION CORRECTIVE LENSES V - MATED TYPE -PT DESCRIPTION VIOL -CODE ------------------------------------------------------- NO VIOLATIONS FOUND FOR THIS DRIVER *** END REPORT *** PAGE: 1 LARRY S. SEVERSON JAMES F. SHELDO` MICHAEL G. DOUGHERTY• MICHAEL E. MOLENDA SE`'ERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAS' SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124.7538 (6)2)432-3136 TELEFAX NU-NIBER 432.3780 August 16, 1996 Mr. Dale C. r' 3600 Ke c Drive, Suite 7B Eag 55122-2361 Re: Richfield Blacktop Company Dear Mr. Nathan: LOREN N1. SOLFEST ANNETTE NI MARG.ARIT SHARON K HILLS ROBERT B. BAYER CHRISTOPHER A. GROVE S14ARI L STERUD GERALD (JUDI E DELOSS Your letter dated August 9, 1996, addressed to the Mayor, City Council and City Administrator for the City of Eagan has been forwarded to our office for a response. Several weeks ago, I had a telephone conversation with your client, Tom Hedges the City Administrator and Mike Ridley of the Community Development Department, regarding Mr. Miller's complaints. It is my understanding that following our conversation the City requested that your client put in writing his complaints, so that the City could properly respond to the situation. The City's Community Development Department enforces the City's Code of Ordinances and responds to complaints of Code violations. I have discussed your letter with Mike Ridley who will oversee an investigation of the activity being conducted at 3206 Sibley Memorial Highway. Any violations of the City Code or conditional use permits shall be noted and brought to the attention of the property owners. It is a long standing policy of the City, to attempt to resolve all concerns regarding the City Code prior to taking any formal action to prosecute violators or revoke any permits. The City takes violations of the Code seriously and will pursue all available avenues to cause the violation to be abated. However, whenever possible, the City will work out a reasonable accommodation with the property owner to bring the use of the property into compliance with the City Code. Absent a good -faith effort on the part of the property owner to bring the property into compliance with City Code, the City will then take measures to enjoin the unlawful activity. I\DI% IDL AL AT7OR\E) S ALS6 LICE ED I� IOu A OR %%ISC0\51\ 'CERTIFIED REALPROPEkT1 LA1k SPECIALIST \ISBA Upon a determination that the property owner has failed to comply with the Code or has failed to make a good -faith effort to obtain compliance under an agreement with the Cit},, the City will decide which alternative best suits the circumstances in which to bring the property owner into compliance. The City may choose to prosecute a violation or to bring a civil action to enjoin the activity or to mandate compliance or finally, to the extent that the use is subject to a permit issued by the City, the City may choose to revoke the permit. The City Administrator, in consultation with our office and the appropriate City department head, chooses which course the City should follow in abating the violation. Should a revocation of the permit be sought, the matter will initially be placed upon the City Council agenda for the purposes of setting a public hearing date. A notice stating the purpose for such hearing will be sent to the property owner. A public hearing will then be held by the City Council at which time all parties present will be afforded the opportunity to present evidence. Following the presentation of evidence, the City Council could be expected to direct our office to prepare findings in accordance with their decision, which findings are then subsequently adopted by the City Council. I want to assure you, that the City takes violations of the City Code seriously and will be conducting an investigation of the activity at 3206 Sibley Memorial Highway. Nevertheless, to ensure that the property owner has received adequate due process, any violation will be first brought to the attention of the property owner with an expectation of action to attain compliance. Should the City staff find any violations, the process noted above would be implemented to assure that compliance with the Code will be obtained as soon as possible. If you have any questions, please give me a call. Cordially, i JI f el G. City MGDlwkt cc: Tom Hedges, City Administrator Mike Ridley, Community Development Department DALE C. NATHAN ATTORNEY AT LAW NATHAN & ASSOCIATES ATTORNEYS AT LAW August 21, 1996 Michael G. Dougherty, Esq. Eagan City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street Suite 600 Apple Valley, MN 55124-7538 Re: Richfield Blacktop Company - 3206 Sibley Memorial Highway Dear Mr. Dougherty: RENEE SCHAFF LEGAL ASSISTANT This is in reply to your letter dated August 16, 1996, which is in response to my letter dated August 9, 1996. My August 9, 1996 letter was submitted on behalf of Mr. Ron Miller and Mr. Tim Green and their families. It concerns operations at 3206 Sibley Memorial Highway by Richfield Blacktop Company and their associate, Horizon Landscape Supply Company. The Miller and Green homes are located approximately 150 feet north of this property. My letter advised that the health of the Miller- and Green families is being seriously affected by operations at 3206 Sibley Memorial Highway. Specifically: 1. Diesel fumes are present in their homes most days of the week. This has resulted in serious medical problems for members of the Miller and Green families. 2. Lengthy periods of loud noise from the operations of loading rock into dump trucks and similar activities has disrupted family activities, including the sleep of Mr. and Ms. Green, both of whom work nights, and the Green's young children. These operations are six days a week including Saturdays. Michael G. Dougherty, Esq. August 21, 1996 Re: Richfield Blacktop - Page -2- 3206 Sibley Memorial Highway The conditions described above and in my earlier letter apparently began in May, 1996, when Horizon Landscape Supply Company moved its business to Eagan. In my earlier, tetter, 1 asked that this matter be referred to the Eagan City Council for a Conditional Use Permit (CUP) revocation proceeding. Your letter to me states that the matter will not be referred to the City Council at this time. As an alternative, you propose to enforce the CUP conditions and attempt to bring the property into compliance with the City Code. Unfortunately, the approach you propose will not resolve the problems. The operation of heavy diesel equipment to unload and load rock and similar operations inevitably results in high levels of diesel fumes and substantial noise. We believe this is evident from the enclosed photographs. It also is evident from the materials submitted with my August 9, 1996 letter - a videotape prepared by Mr. Miller, a videotape prepared by Powers Investigations, Inc. and affidavits of Mr. Miller and Mr. Green. The only solution to ending the diesel fumes and high noise level is CUP revocation. The present use of the property at 3206 Sibley Memorial Highway obviously is incompatible with the surrounding residential area. I cannot overemphasize the seriousness of the situation. The Millers and Greens are experiencing serious health and emotional problems as a result of the diesel fumes and loud noise. I ask you to consider what your reaction would be if your family was being harmed in this manner. We respect the need for city staff to investigate the allegations we have made. However, we note that these allegations were first made in May, 1996. We ask that city staff complete its investigation expeditiously and submit its findings to the City Council. q1 Michael G. Dougherty, Esq. August 21, 1996 Re: Richfield Blacktop - Page -3- 3206 Sibley Memorial Highway Similarly, we respect the right of the property owner to notice and a hearing. That is precisely what we have demanded. We do not agree that the City Administrator in consultation with you and city staff can or should refuse to let us bring this matter to the attention of the City Council. If you persist in not allowing the City Council to address this situation, the alternative is protracted and expensive litigation. We again demand that this matter be set for hearing before the City Council at the next scheduled meeting. We ask for a reply to this letter by the end of the business day on August 29, 1996 advising us that the matter has been scheduled for presentation to the City Council at the first council meeting in September, 1996. Sincerely, Dale C. Nathan DCN/nd enclosures cc: Tom Hedges, City Administrator Mike Ridely, Community Development Department Mayor and City Council D24/Milgre2.lu SD17 BY: LARRY S. NVERSON ' &I F. StnL.DoN jCMAbL. U. IXRKIO-M'IY • hUMAEL E MOI .EN DA August 26, 1096 8-26-96 ; 15:07 ; SEyfR5 SHO.DON-► 612 681 4612;9 2/ 3 SEVEMON9 SIi101MWN7 DOU ' ' TY & MoLzNv , P.A. A AWR'SWNAL ASKX LATKAN ATTORNEYS AT LAW 6UirE M 73rD WM- 1<'Thl SIR=, j APPI X VAI JXV, M1NNkVnA S5124.7M (612) 432-3136 +dile C. NatbAm TUMAX NLOAMM 432 .TM NATHAN Bt ASSOCIATES 3600 Kaalae6ac Drive Suite 7B BW MN 55122-2361 RE: 3206 Sibley Memorial Idlghway/Ricbfleld Blacktop Our File No. 206-15236 Dear Mr. Nathan: Lam M. SOLPM OI "ON K. I M.L.4 XOBZR7 8, DAUER 03t1 M KD:lt AL CROVL• AMARI 1-l+'T?iRISI7 GERALD OM) L DLLDSS I am is receipt of your letter dated August 21, 1996. While your letter expresses a eonoern that the process the City intends to follow will not alleviate the immediate concerns ofyow cliiects, we have sshd Will continue to advise the City that the process as outlined in my letter of August 16, 1996, is the prudent course for the City to follow. The tevoeation of a permit is a quaj,4,,diciai decision, and as such requires a greater degree of due process than the determination of whether to issue a permit. Any revocation of a Conditional Use Permit would require the City to have a legally sufficient reeaon to revoke the permit, wM& reiWns must be supported by the facts. 'Therefore, the information you have provided to the City, em the behalf of your clients, is being examin and reviewed by the City staff who are prepared to conduct an independent investigation. The results of the investigation Will be directed to the prvpO'ty owner. Any found vioMons are expected to be cured by the property owner eTaditiovsly. Should the City Council deem it necalllwry to conduct a hearing for the purpose of revocsting a Condaional Use P=erk it is our opi6on, that such hearing be xheduled appy thirty days from the date of Council action. The interim time period will allow both parties the appropriate time in which to prepare for a public hearing. The property owner wall be stale to obtain aD the information it deems parth ak and may eitht:r cure or wke steps to cure Lbe raialstioas. Alternatively, the owner m y inform the City as to wbatha it &groes with the &=vacy of the City's hwestigation. At the public bearing both partim would be able to thoroughly address the City Counal and to - P - - to all evidence dee cad neommy and relrervant for the Council to make its detmmination. - While understanding the earamum of your client's conceM the revocation of a Conditional Use Permit is a serious maga which requires aMopriate steps to assure all parses that due Proven has beat given. f, J MIfVMAL�T1l YtiNN ` AMVUK'MSU. 'CYATWW MU7TTAfnw-IMOTAMA 8-939- 612 432 3780 08-26-96 0'3:21PM FOOZ #37 SEN7 BY: Yage T wo Dale C. Nathan Aupu 26, 199b B-26-96 ; 15:07 ; SEVERSON SHELDON-+ 612 681 4612;# 3/ 3 AlY, Your letter of August 21, 1996 states that you have been tnld, presarnably by my kca of August 16, that the City Adcmiristrk r Ow "Fuse to lst you h* this _matter to the auention of the City Council, T have never made atx i a representation, in letter or otherwise, to you ad 1 am =swam that any mm3bcr of the City .staff has either. If you have any questions plow give me a cidl. Cordi&Uy, ire Ridley, Community Development Department V ii -93% 612 432 3780 SK 08-26-96 03:21PM P003 #37 city of cagan .•_- THOMAS EGAN ♦ Move, August 23, 1996 PATRIC:A AWA:;, SHAWN HJNTE SANDU A ti!4c , THEODCRE CoQnc'I Me•^ce•s Penny Johnson,---, Richfield $-i-1-id,• THOMAS HECGiS City ACmngtaptpr 3206 Sibley Memon ]a Highway E. j. VAN OVE'2EEK; Fagan, Nr 55121 C:Tv C.e•R Re: Lot 5, Block 3, Letendre 2nd Addition 3206 Sibley Memorial Highway (Richfield Blacktop) Dear Penn, : As a follow-up to the.itnspection of your property last Friday, this letter is to confirm our meetiniz 3s well as the status dYthe permitted uses as approved with Conditional Use Permits (CUP) for Your property. , On Octobei 4, 1994; the Cin Council approved a CUP for the outdoor storage of trucks and landscaping maieri,119 on your property at Lot 5, Block 3, Letendre 2nd Addition. The following are conditions in which the CUP is contingent upon and the current status of each condition: Submission and implementation of a landscaping plan for the bene area norh of the sitetand the area along Highway 13. _, r, t Status: No landscaping plan has been submitted to the City to date. A lands�c,Ving plan must be submitted to the City for reviewand the landscaping must be installed. 2. The applicant shall properly maintain all surfaced areas, curbing and premises. Status: All surfaced areas appear maintained. 3.. The trade of the parking and storage areas with bituminous surface and bit�us curbing around the entire area, to be phased in over two years. _c r -Sf�ttiihe majority of the parking lot has been upgraded with the exception of at the southeast corner of the parking lot. The parking lot must be conpl ` e by October 4, 1996. MUNICIPAL QENTER 3830 PILOT KNIOB ROAD EAGAN MINNESOTA .5$122 PHONE (612) 681.46Xv FAX 26'2) 68'.46.2 TDD (6'2) 434.8535 01- THE LONE OAK TREE 8S? THE SvMBCI OF STRENG'r+ AND G OWTa�IN �L111_'O,MUNITY Equci Opocnunity/AffirmTibc rr� MAINTENANCE FACIL!TY 35%6 CCaCrnnar:: EAGAM PwC%E ;Ak i Richfield Blacktop - 3206 Sibley Memorial Hwy August 26, 1996 Page 2 4. Customer parking spaces shall be striped and drive isles delineated. Status: The parking spaces and drive isles are delineated. 5. The applicant shall construct a berm along the north property line and railroad ties/timber bins to screen the proposed storage. Status: The berm along the north property line has been constructed and concrete bins have been constructed to screen the storage. 6. Storage of vehicles not to exceed 20 shall be located in the northeast portion of the property up against a hill. Dump trucks, pickup trucks and sod trucks and trailers will be permitted. One tractor trailer vehicle will be allowed. Status: 6-8 trucks and trailers were found on the site. The trucks were not located in the northeast portion of the lot. The site plan shows wood timber storage bins to be placed at the southeast comer of the lot and the trucks to be stored at the northeast portion of the lot. A CUP must be obtained for the existing location of the storage or the storage must be shifted to meet the approved 1994 CUP site plan. On April 18, 1995, the City Council approved a CUP to allow an automobile service facility in a GB zoning district on your property at Lot 5, Block 3, Letendre 2nd Addition. The following are conditions in which the CLIP is contingent upon. in addition to the current status of each condition: 1. The installation and repair of service shall be provided only for automobiles and trucks with a payload rating of three quarter ton or less. Status: All vehicles for repair appeared to be three quarter ton or less. 2. There shall be no outdoor storage of vehicles, equipment or supplies associated with the auto and truck service. Status: New tires, used tires and lawn and garden equipment are being stored along the front of the building. Also, several U -Haul trucks are being rented from the site. Outdoor storage of the tires and lawn and garden equipment is not allowed. Rental operation requires a new CUP to be approved. In reviewing your property, it has been determined that your lot does not conform with the permitted uses as approved with the CUP's for your property. Specifically, a landscape plan must be submitted to the City for review and approval, the location of the storage bins and truck ./ Z13 Richfield Blacktop - 3206 Sible} Memorial Hwy August 26, 1996 Page 3 storage are not consistent with the approved site plan of the CUP, the outdoor storage of merchandise associated with the vehicle service facility business is not allowed and the storage and rental of moving trucks is not permitted with the existing CUP. You must discontinue all uses not approved as part of the CUP's for your property. A follow-up inspection will take place on September 26, 1996, at which time your property must be in compliance with the approved CUP. As you requested, at our meeting scheduled for August 29, 1996, we can review the existing CUP requirements and you may obtain a CUP application if you choose to request amendments to the existing CUP's to resolve the nonconforming uses on your property. Within seven days of receipt of this letter, please provide -a reply indicating your intentions an a schedule of compliance with our request. If you have any questions regarding this matter, please do not hesitate to contact me at 681-4690. Sincerely, Steve Dorgan Associate Planner cc: Tom Hedges, City Administrator sd letters/13.96 August 26, 1996 Mr. Steve Dorgan, Associate Planner City of Eagan 3930 Pilot Knob Road Eagan, MN 55122-1897 Re: Lot 5, Block 3, Letendre 2nd Addition 3206 Sibley Memorial Highway (Johnson's Richfield Blacktop) Dear Steve, Thank you for your letter of August 23rd which outlines the specific conditions of the CUP(s) on our property. I appreciate the time you took to inspect our property on Friday, August 23, and would like to respond to each and every item noted in your letter as a result of the inspection. 1. We are aware of the landscaping plan for the berm area north of the site and will be submitting our plans to you within the next week. 2. We agree with your report that all surfaces areas are properly maintained. 3. We agree with your report that we have met the conditions of the bituminous surfaces and this project will be completed by October 4, 1996 as planned. 4. We agree with your report regarding parking spaces and drive isles delineated. 5. We agree with your report that the berm along the north property has been constructed and bins to screen the storage. 6. The CUP did state that our trucks were to be stored in the northeast portion of the lot (during winter months, as per our original proposal to the city) and that the wood timber bins were to be installed in the southeast corner of the lot. We were not able to comply with this provision because of the changes in the terrain due to Ron Miller. Without permission or discussion, he added several hundred loads of dirt on our property to extend his use. Due to the fact of the altered topography we had to place the rock bins in the northeast corner of the property for several reasons. a. The amount of water that flows through the area: We installed a holding area which the run off would slowly soak into. This failed due to the fact that Ron Miller changed the natural drainage system because of the step cliff he created and the damming affect it has. Consequently it channeled the water instead of allowing it to spread out and flow naturally.. �7 b. The choice of concrete over wood was made for longevity as well as strength to help slow down the fast flow of water allowing the desired percolation system to work. It should also be noted that by changing the corners of bins and truck storage we were able to provide a safer traffic flow in the parking lot. One of the priorities in running a business is the safety of our customers, and we feel because of the Mr. Tire facility we are able to provide a much safer entrance -exit for our walk in customers. The original plan was to use timber storage bins, but because of the new drainage of water we are experiencing, the use .of cement blocks is more practical. They are expensive, look better, and last indefinitely, so we never thought this would cause a problem with our CUP. The second portion of your letter has a few more items that we would like to address.. 1. Your report showed we were servicing three quarter ton or less vehicles in our facility. This is generally the case, although since we received the CUP we were fortunate to acquire a new fleet account, and some of the vehicles are over the 3/4 limit. Because we do not want to lose this account, we will certainly be applying for an amendment to the CUP as soon as possible. 2. We again agree with your report regarding new and used tires being displayed on the premises and will discontinue this practice but hope to have the opportunity to discuss at a later date. We will also be applying for a CUP for approval of the U -Haul rental. We purchased this land in June of 1994 and have made numerous improvements in the last two years. This was actually a condemned site, previously a run down gas station, that was vacant for five years. We believe that Ron Miller played a instrumental part to keep the property vacant and for his use before we purchased it. We're proud of the improvements that we've made. I believe it should be noted that we have always been cooperative with Mr. Miller's requests and have tried to meet his ever increasing demands. We find it interesting that he was happy with us when we were able to put in a driveway at his home under "rush" conditions, we dug out his driveway and based the area on a weekend. We also met his requests when he wanted to display his vehicle for sale on our property. Several times we dismounted and mounted tires with the rims supplied by him, and we pulled his vehicle out of a ditch on a Sunday. He even inquired about employment for his son at our Garden Store. Mr. Miller has cut down and or topped many of the trees located on our property, without permission. Common sense should have dictated that these trees would have acted as sound barriers, filtering systems, as well as aesthetically pleasing wall to keep our area private and out of site to Mr. Miller's property above. Due to the verbal harassment %\e ar.d our emplo}ees have received, numerous phone calls to the police. as NNe11 as the use of private investigators (some of which legality is in question), wve feel Nve must respond. 1 'e would much rather concentrate on maintaining and improving, our business, instead of investing a considerable amount of valuable time and money fighting with %lr. Miller. If you or any of the cite planners. council members, or mayor have any questions or comments we would appreciate heari-fie from each and every one of you. We welcome the opportunity to show you our business and give you not only a history of the past years, but upcoming improvements we would like to make. We would like to request the opportunity to discuss our side of the matter with all of you. cc: Tom Hedges. Cin administrator Mike Ridley . Communit\ De%c lsopment Department Mayor, Cm' Council. and Pux n?n-_ Commission S.hTE OF MINNESOTA- DISTRICT COURT COUNTY OF DATA O T _A FIRST JI; DICiAL DISTRICT Donna Marie Johnson ,D.O.B. NicwtinLer 6, 1949) File leo. CX -96-14432 individually and RICHI'!.r D BL4CKTOP, John W. Springer (D.O.B. Januam, 24, 1956) individually and d b!'a HoPrzo.,, N-Dstrl'LVG SUPPLY COMPA. Y, John Johnson, Jason, Johnson, Wayne Wanner, Morris Johnson, Steve Guida, John Becker, Robert Cy Johnson. HARASSMENT RESTRAINING ORDER Rick Rybak, Marianne Springer. and Jeffery Blake Eagan, 11W 5511 Petitioners. VS. Ronald Arthur �1itl-i 3217 Donald Avert:,c Eagaa, MN SSI;::. Date of Birth: ja_.uar, 9. 9 ;. This :11 a:ice_ iT..J ....-- iry the Judge of District Court or. August 12, 1996. Petitioners appeared: ; rc se, ~: Rc---nr . ode: t appeared, represented by legal counsel, Dale C. Nathan, Esquire. Based upon the recon -'s ar.3 proce-o-dings, the Court finds there are reasonable grounds io belie --e that the Rest in harassment by committing the following acts: made uninvited.sits :c :r e Pei;':. �.: s follo�°. s: See affidavits; took pictures of the Petitioners v:thout --misso n of t: C Pty: '.'gess as follows: See affidavits. IT IS OR'DEi.,D: 1. Respondent shall have no contact with Petitioners and/or Petitioners' minor child or ward and. shall ceas: or a%,oid the harassment of them. NOTICE The following specific zorduct will constitute a violation of this order: uninvited visits to the Petitioners, harassing phone calls to the Petitioners, threats to the Petitioners, assaultive behavior to the Petitioners, calling the Petitioners abusive names, damaging Petitioners' property, breaking into and entering the Petitioners residence, stealing property from the Petitioners, taking pictures of the Petition►e.s without permission of the Petitioners, and D9 2. ' This restrain; --a- order shah -,--main in effect until August 13, 1998. 3. The Cour:send a copy of this Restrai:iing Order to the following law enforcemnen- agencies, Dakota County Sheriffs Office, and Eagan Cin- Police Department, which have jurisdiction over the residence of the appac��t. 4. If Responvdent is an oreanization, this order shall not apply to all members of the organization. 5. Violation, of this order is a misdemeanor punishable by imprisonment for up to 90 days or a fine of up to $700 or both. Subsequent violations may be charged as a gross misdemeanor offense. Violation of the retraining order also constitutes contempt of court. A peace officer must arrest without warrant and take into custody the Respondent if the peace officer has probable cause to believe the Respondent has violated this order. b. The s eri;r or any co::n:l, in ",is state shall perform the duties relating to service Of process w`t cast ch rae x t e Petitioners. 7. The p::_.s ;s a`=ree to be by United States Mail. 8. The a::act e" viemc*a ,dum is -MCO l orated herein by reference anj cons' ituzes the Coun's inu -lgs. 9. All of .e_ rec ut for iif_f, rot specifically addressed '.Aerein, are terebv DENTED. Dated- August 13., 1996, BY THE COURT ;ck�� � v•SoJw MICHAEL V. SOVIS JUDGE OF DISTRICT COURT MEMORANDUM OF LAW The underlying issues in the case should be decided by the Eagan City Council. Until rhat.time,'Respondent is restrained frons contact in any manner with Petitioners including coming on to the property of Petitioners and t< ng pictures. Respondent has compiled enough evidence to provide to the Eagan City Council. This Court makes no finding regarding the admissibility of the videos or pictures Respondent has gathered. The City Council may consider them at their own discretion. This Court has only ruled on Respondent's actions. M.V.S. --- DISTRIBL-nONI- Certified copy or original - Return to Cqurt Administrator with Affidavit of Service attached. Petitioners (i admit service"e 0. ✓ Respondent (I admit service %LEZO(/ (;% Copy for file until original returned a -Pt-.- Copy for Local Police Department -L.-- Copy for Sheriff Other. 3 OFFENSE: OFFENSE/INCIDENT REPORT EAGAN POLICE DEPARTMENT Case File:#96003699 1. ORDINANCE VIOLATION/NOISE CO'NIPLAIN7/9991 2. 3. Location of Offense: 3217 DONALD AVENTUE Date/Time of Occurrence: c At 0 Between - APPROXIMATELY 5/25/96 TO PRESENT TIISAE Date/Time Reported: 6/111"96, 06:9 HRS Follow Up: NONE Status: EXCEPTIO\'ALLY CLEARED Reporting OfficerBadge: 111CGRATHI24 Assisting Officers: ?`TONE Transcribed by: GRAY Crime Location: 16. OTHER BUSINESS (BLACKTOPPING/LANDSCAPING CO.) Crime Elements: 11. VICTI%L'SUSPECT RELATIONSHIP Ins;rumentfWeapon Used. i 8 HEAVY EQUIPMENT S? 7PSIS: THE `'ICTL%,l REPORTED ORDLN.-VNCE VIOLATIONS OCCURRING AT JOHNSON'S RICHFIELD BLACKTOP, INC. SUBSEQUENT INNESTIGATIO:v REVEALED THAT THIS IS NOT A CRLN11NAL MATTER. I SPOKE WITH SENIOR PLAN'NTER OF THE CITY OF EAGAN, MIKE RIDLEY, REGARDING POSSIBLE SOLUTIONS AS A RESULT OF THIS CONVERSATION, NO POLICE ACTION IS EXPECTED Copies To Pa.. of Sgt Approval: Assigned To: Detective Sgt Approval: EAGAINT POLICE DEPARTMENT Case File: 496003 PERSONS: VICT12%4-R/P-MILLER, RONALD ARTHUR DOB: 1/19/47 3217 DONALD AVENUE, EAGAN, MN (I) 452-3049, (W) 452-5403 SUSPECT -JOHNSON'S RICHFIELD BLACKTOP, INC. 3206 HWY. 13, EAGAN, MN 55122 (VAS 454-1080 PROPERTY: VICTLM-MILLER, RONALD ARTI- UR DAMAGED 1-3217 DONALD AVENUE -500.00 VEHICLE: NOT APPLICABLE ELEl1ENTS: On 6,11/96 I was contacted by Ronald Miller regarding ordinance violations/noise complaints being generated at Johnson's Richfield Blacktop, Inc. Miller reported that he has talked with the City of Eagan, specifically Mike Ridley, regarding this same complaint. Miller stated that Ridley has done nothing to resolve this matter. Mtiller feels that his rights are being violated as a property owner and that the City has dome basically nothing to resolve his grievance. Miller also reported because of a lack of response from the City, that he is in the process of filing a lawsuit. After speaking with Miller, I also talked with Senior Planner of the City of Eagan, Mike Ridley. Ridley advised me that he was contacted at home by Miller on this date. According to Ridley, Miller told him that he was up due to the noise at Johnson's Richfield Blacktop, Inc. and, therefore, was going to compel Ridley to be up by phoning him. Ridley stated that he has investigated this matter and has concluded that Johnson's Richfield Blacktop, Inc. is in no violation of City ordinances. Ridley stated that there are no restrictions on the hours of operation concerning Johnson's Richfield Blacktop. Inc. and they have all of the proper permits. Ridley also reported that there is no action currently being sought by the City against Johnson's Richfield Blacktop, Inc. As part of this investigation I also spoke with John Johnson from Johnson's Richfield Blacktop. He advised me that he has made every effort to avoid problems with Ronald Miller. Johnson stated that he has spoken with Miller on several occasions about the potential noise being generated at his business. Johnson stated that he has moved most of his he?- trucks to the front of his building, closest to Hwy. 13, ti,ith the intent of eliminating noise when the vehicles are starts. EAG,kN POLICE DEPARTMENT Case File: 06003699 He also stated that he does not do any loading until after 7:00 a.m. Johnson has stated that he is aware of no ordinance governing when he can load his tracks, but he is making every effort to avoid conflict with Miller. Johnson stated that he has no plans to alter his current operations. I will report my findings back to Ronald Miller, but based on my initial conversation with him, I do not expect that this matter will be easily resolved. I would submit that the only resolution that would be acceptable to Miller is that the Johnson's Richfield Blacktop company would discontinue business. At this time there will be no additional police action taken. M-1 OFFENSE/INCIDENT REPORT EAGAN POLICE DEPARTMENT OFFENSE: 1. ORDINANCE VIOLATION/9991 2. 3. Location of Offense: 3206 HWY. 13/RICHFIELD BLACKTOPPING Datc/Time of Occurrence: XAt 1:1Bct\vccn ' 07/20/96,-0800 I -IRS and Date/Time Reported: 07/20x'96, 1439 HRS Follow Up: CITY COUNCIL Status: EXCEPTIONALLY CLEARED Reporting Officer/Badge: STICHA/72 Assisting Officers: NONE Transcribed bv: SEIFERT Crime Location: E 16. OTHER BUSINESS Crime Elements: NONE Instrument/Weapon Used: E0NE7 SYNOPSIS: Case File:96004659 RON MILLER CALLED TO REPORT THAT HE HAD INFORMATION THAT A SEPARATE COMPANY BY THAT NAME OF HORIZON LANDSCAPE WAS OPERATING AT 3206 HWY. 13, WHICH IS RICHFIELD BLACKTOPPING'S PROPERTY. MILLER STATED THAT HORIZON EQUIPMENT DOES NOT HAVE A LICENSE BY THE CITY TO BE OPERATING, AND HE INFORMED ME THAT HE VIDEOTAPED AN INDIVIDUAL FROM HORIZON LANDSCAPE LOADING A TRUCK UP WITH ROCK AND THEN DELIVERING IT TO A RESIDENCE IN APPLE VALLEY. IN -1R. IMILLER SAID THAT HE ALSO SPOKE TO THE DRIVER OF THE TRUCK, WHO INFORMED HIM THAT THEY ARE A SEPARATE BUSINESS FROM RICHFIELD BLACKTOPPING. MILLER WANTS THE LANDSCAPING COMPANY TO STOP LOADING ROCK AT THAT LOCATION BECAUSE OF THE NOISE. MILLER WAS ADVISED TO CONTACT THE CITY COUNCIL. Copies To: Assigned To: THIS REPORT IS AUTHORIZED FOR D4--- TRIBu-!O.N TO THE FOLLOWING AND If ti;1 i Tr ErE REPRODUCED WITHOUT THE CONSENT OF THE EAGAN POLICE DEQ INVEST T!' A t P?'" OFFICER 4T'iti'Y uti �T Patrol Sgt Approval: _&�N\ Detective Sgt Approval: 1_71 cr OFFENSE/INCIDENT REPORO EAGAN POLICE DEPARTMENT OFFENSE: • ?_'DISE COypLAIl�'T/N;07Q Location of Offense: 3206 HWY I3, RICHFIELD BLACKTOP Jate,'Time of Occurrence: 1 At c Between 6/22196, 0850 HRS and -)ate:Time Reported: 6.122/96, 08501 -IRS '01101"• up: status: :cporting Officer/Badge: �ssistin- Officers: •ranscri bed b-,•: Crime Location: Crime Elements: instrument/Weapon Used: YIN. 'SIS: CITY COU`.NCIL ADViSE,'ASSIS'1• STIC: I.A'72 VASQUEZ 16. OTHER BUSINESS Case Eile:96003952 ON MILLER CALLED TO REPORT THAT RICHFIELD BLACKTOPPING HAS BEEN MAKING A LOT OF NOISE 'ITH THEIR EQUIPMENT AND OPERkTING IN VIOLATION OF THEIR CONDITIONAL USE PERIMIT. BUT 7LLLtiG OFF SALE LANDSCAPE ROCK, N111 ' LER INFORMED ME THAT STARTING AT 0800 HOURS ON 22,96, HE COULD HEAR DUMP TRUCKS AND FRONT END LOADERS, LOADING GRAVEL. WHILE AT THE ESIDENCE, I DID HEAR A DUAP TRUCK DUMP A LOAD OF ROCK. MILLER WANTED THE NOISE JCUi11EN T L -D AS HE IS :LTTE\1I'Tl:`G TO I-IA%'L' RICl-IFIELD BLACKTOP'S CONDITIONAL USE PER'�1IT 'LLED BY THE CITY COL7\CIL. 3ples TO itro', ; Approval: Assigned To: Detective Sgt Approval: OFFENSE: 1. CIVIL MATTER 3. Location of Offense: Date/Time of Occurrence: Date/Time Reported: OFFENSE/INCIDENT REPORT EAGAN POLICE DEPARTMENT 9835 3206 H�j'Y 13 RICHFIELD BLACK TOP ❑ At etween 6,112/96, 0800 HOURS 7/22/96, 1212 }-]OURS and Case File: 9600470-7 7/22/96,1212 HOURS Follow Up: NONE Status: ADVISE/ASSIST TH!S R; F, LA Reporting Officer/Badge: DALE ABRAM 450 T -yid`' `'L.�ri'.h Assisting Officers:ir` Transcribed bv: Y R...t- ,�TTti - '• ` r� OTHER • � . =-,._.�--t.- =-�. Crime Location: 16. OTHER BUSINESS MTF Crime EIements: NONE Instrument/Vti'eapon Used: NONE 1 RESPONDED TO RICHFIELD BLACKTOP INC. AND SPOKE WITH R/P, VICTIM, WHO STATED 17-IAI SUSPECT HAS BEEN TRESPASSING. SHE SAW HIM ON THE PROPERTY IN HIS VEHICLE TRESPASSINC SATURDAY, 7/20/96 AND ON SUNDAY. 7/21 /96. AN EMPLOYEE WHO WAS THERE TO WATER SOME SOL «'TTNESSED A PERSON TAKING PICTURES ON THE PROPERTY. WHEN QUESTIONING THIS INDIVIDUAL HE WAS TOLD HE WAS A PRIVATE DETECTIVE HIRED BY THE SUSPECT AND TOLD HE COULD COMI DOWN AND TAKE PICTURES. HE WAS ASKED TO LEAVE. R/P VICTIM STATES -THAT THE SUSPECT NA, BEEN DOING SUCH ACTS AS MAKING COMMENTS SUCH AS HE WILL SPEND ALL IT TAKES UP TC THOUSANDS OF DOLLARS TO GET THEIR LICENSE PULLED AND REMOVE THEM FROM THE PROPERTY HE HAS ALSO MADE COMMENT THAT IF THE BUSINESS DID NOT LIKE HIS ANTICS, THEY SHOULD BUS HIS PROPERTY. I INFORMED THE R/P VICTIM THAT IT WAS A CIVIL MATTER AND IF ANYONE I� TRESPASSING THEY SHOULD CALL THE POLICE DEPARTMENT AND WE WOULD TAKE CARE OF IT Al THAT TIME. I ALSO ADVISED THAT IF THEY THOUGHT THERE WAS ANY MORE HARASSMENT, THE) SHOULD GO TO COURT AND APPLY FOR A HARASSMENT ORDER. Copies To:6 A) / 'C�t, L Patrol Sgt Approval: Assigned To: Detective Sgt Approval t ) CIN01001 Date ----- Time ------- INCIDENT INQUIRY TUE, AUG 27, 1996, 3:56 PM Location/Comments -------------------------------- User ------ FOR: LYNN Page: 1 Recv: 082096 1706 3207 Address: 3207 HWY 13 13 -)e: P/N NOISE 08/20 Reference: DIESEL SERVICE City: EA b=at: 30 Pol Dst: 315 Fir Dst: F Map Guide: C-5 Census: 3330 How Recv: P 131 Reporting Party's: RON MILLER 08/20 Priority: 2 AC N Address: 3217 DONALD AVE HWY Dispo: U 131 3317/58 Phone: 4523049 17:22:49 CC N hh mm HWY 13 Time Stamps: Received,: 17:06 hhhh mm ss hhhh mm ss Dispatch: 17:18 :12:05 RC/AS: :14:33 Enroute: :00:00 DI/AS: :02:28 At Scene: 17:21 :00:00 DI/CC: :03:59 Close: 17:22 :01:31 Comments: 1706/X -ST = YANKEE DOODLE RD COMMON -NAME = DIESEL SERVICE 1706/NOISE COMPLAINT - RP'S HOUSE IS FILLED WITH DIESEL FUMES 1713/WANTS TO DOCUMENT PROBLEM PER ATTORNEY 1718/B/58 1722/NO UNUSUAL NOISE 1722/CLOSED DISPO : UNFOUNDED History: Unit/Empl -------------- Date ----- Time ------- Cmd --- Type ------ Location/Comments -------------------------------- User ------ 08/20 17:06:45 RC N 3207 HWY 13 131 ?'17/58 08/20 17:18:50 DC N 3207 HWY 13 131 _7/58 08/20 17:21:18 AC N 3207 HWY 13 131 3317/58 08/20 17:22:49 CC N 3207 HWY 13 131 -EOR- Tocidenta nl& Fin 7 ':E, Neither Gaorge no: FuC K"bn, o�n- gavE Ron Miller permission to dump dirt or an :hl al.n !nu property at 3206 Sitley Mem. Hwy. while it wit ln*0502r At sma tIM2 tnE ztStlin in ��Ano. we San Mr. Miller dumping !oats of =ILI :� t"z D771 r 7 PCOPEVty and extenting it a;qroxlmatzl� if Tzin 0- PE�ty. Boulders and Kit ran d: NO t` -:E hi 1 7 7 - A _1E 1perty. Trees were out tDwn or; C"- pyDporl, U. but Wo have no proof thet Va remo4ec tp. :Vol., 1.,oznad hims ca this and hu zaW nz 0"red 1 0 an o r CA could Pat dirt an it. 11076a to!. t n :)A he roplind - if you rv4. .Vc"tle !:T �.0 !on vou". At tnis point 4'd_.. went rp �:I:. 7� TP L_� li"e and thay shosed wa thce aint Lc SE: W ii �i -jnii o"r line. Getting this "Y porperty in!Drmation. an tIT, Tn :.,!on ErQWEring Dept. W have them notify nn. Via- Q �Irt from CLr property. The,, onformed an t�� W � the mattev. We waited several "eaks ann nztninn "h. e celephoned the E"g. dept. agaij-, sno they ss2w ymtv� PC 5V SnDn. At this point, we were Selling the P: VZ- to get it cleanec op. if Enga., did any chacl: ng tc us . 5,.Woad and nothing was reported 1" ClEaning Z; thn v-iv.w ty, we found many boAes of junk, Vc:j ... car oil. Witt !iliac' name on the boxes. We parts, -- _. called this to wa attentin� iv tho police, and they brought Mr . Miller to meut _,_a.. _ qv:1.a ;wustioned him about the boxes and he told them t,2- 5o n. tnmve ODxes at his curb and S"TeMnE 70X.��= 'rcn there and dumped them on our property. 7ha ;zlyrp aw.17 sthing, so they said, aE ue did not see Mr. milly -- L7V012 1ze putting them there. H tf.' LP I 4A N A tu5.:s: `. 1 i 36 t1r. i1ichae: J. Community Deve__)pn ei;t City of Eagan 3830 Pilot Knob Road Eagan, INCS 5 5121 ' Re: Johnson's Rchfie.� BIack-o- - 32" Sibley Memorial Highway Dear Mfr. Rec;le'; . I'm sure that ove, lh: y'e_rs, the Cit°• o`Eagan has made many decisions about zoning, parks, con;nlercial r et i! b,:::res:. IDke paths : c,.-, and you probably never hear from the people that it rev. -e o''�. a i aec:sio.res =.ra_ co.^.�itional use permit for the purchase of propem; at rnal e..�. D:. t: 4 206 Sibiu, That piece co tr'::•', a you KniOlv,, 1•ia Jeer. vGcant for a lonL time. It bec aisle an eye sock anj a dunlp:n, 2'010!?; ;.1 & 7 J ::1,)-I' o%rs:�,Ihzly Iters, not to mentioi; the hazard element to our nelgl;borhoo"c Li;-ln 1101:^so 's ptli-Oh.x51 q� tl;e property on H1�}' 113, they rebuilt, reorganizeC, repainted, red rb::.._ red;4'�'ecl, ars,' s'. ve sfi.11y turned a ran dowrwreck of a building and lot into a tl r ivini: i llelr b'�5 .: 5's :ems:Sif is %I;C 0i'�Sli i:.:iz.:1 in thlc operaticn of _i: it LY has been a benefit bct!.. the I:z _ . ...... . _...�>... . l :ban i he ma,�;ayr of neig::bors be -e --it from the �J:.!i- — B'acr:. , i . ? so .,...:sic �.,i , of Eaga:, ::: l-lc!p.ri,' tQ coal:r.u� Lhe "goo,: take:; tiie time and money to Make o;�r There are a in,l. we are very lucky to have the Johnson', in our 11 neighborhood. V s1 p �� 1/7 (a� 3a � w c CV A—, Ey l.: F r . NEchaell .}. Community De ello ....-•F City of Eagan 3830 Pilot Knob Road Eagan, ININ' 5512. , Re: Johnson's Rich tel � Black top Dear M&- Redle, It was brought to my via a petit-lon. re3vding my neighbor, Richfield Blacktop;, that maybe you wculd 1-c infer?s ze in m;' o 1 understand that there is a special concern by a zeas -by resident re- noh,� picl...,n:i. addition to signing the petition., 1 tvant tc tsi"e a r:;om�n, c_"4 -our ::...� t;, :� �•�a '.�c. �:�,_' :sea thir�,. ��'her.1 p�rcl� .se:.:,:,riai Highway, i was aware thai the Johnson's door neighbor. At the tune 1 didn`t know what tc expect f om thea_ bit E., 7 't., r otten to know the Johnson's and have seer their Opsradon Citi' 1'yOI:'tc ;5 t+ :u::r i a.'% home duf::,a the Q84' andlla�'v' had i]'.arlti' 0-,DPOi L -Un, t'.C-G tG S :Y : ^:.: f �''::r. dG;:� _rt z73` opinion, they hava c;.ersted very pro' solonally and mr ^-`^ , . . "�:�: - �.c the-- services and have been pleasea u:t the res=ults I am not. ay.'ar, ,- "-ud T feel that if there wss z noise disturbance and ist'ing next dcc- �tc i-.__.. it. T have had no comp,aints a -bout any noise V ks many :�... :i; �: ?i'�_, tj -, . .i c�� .r -n•.. :'v�.�L� f:om the Jol:ri�oi:i'S IJ r.�.sl.i: {.e Stilcert iy Q�w � Gayle DF&W-Z-- 3170 Sibley Me nnori-' (61_) 0 L. L_OMI iU-.11ty DI-veioy `i' -C'_ Cin- ofEaaan 8'-0 Pito: Kno, Rcnac Eaaa: 'v'—N 5 5 1 = . 1 Tol-iI'.^\'JOl'u::^_ --.�:'.0k tc'• s- ._ .-rm. ,e til:.' ot11 C. Qac . ` _..a � :lv tC take a ricin?n± c scn'i th:S iG:-�r Si:c'ir'r:� :,'!t'; V. It SQ; '1rt:i:` ..._.. I:1a-iori. Mn: ...._.... x'i'_"_: :enzth�-. sc r;ler:_, Ir. . .. .. cs.. z-47'-- r-4 t:".e tine. iI you .N,a`.t :C pu t. -l- `€': on scmzo, i, ibfor the i'.'' 1i.i ^^.'S �' !''' ! r'��.e d c'� sv. :"v C..ai_L.:i 1_:: beiPr wi1Cr.:l P: i'. iZ;; ca:L'_L=" `ice.tis a frici Ci, I � usI;CC :_:.-iTi to ji :5u busir_ess CnJ_—._',-07 �_.:.'.= 's:zc. __ a blessliia In my o'ji." _,... o r :\•' _ L._:.is ... .aa1'.:=.. I1:-+..:1C�aG'»✓ 1��1: -4J�v� •:.'u li:.. a sup cr lc or: t.ii: S. eil V:L aTjj "-..G: L G ccuniG ar,nrVL\CJ ':slei?, ?i_ ,'ir` i:i. �:fr. -:1 ."o;ccu�.,red the \itior -e wall! 'G ? 'i? 1��'Ors an' ?OJI,r' .nii' J GV. l.ej' 16v`s'P` :Le vC. :hl� u�.7 Pl+tr aSum'; c'' ._:C� .conzl:i.na �.icG ne-n-Iit LC .iii. e= a.rl:^'.'- to S. sa; it -''a w-; cls. Pers to n all, �, '.ice:ra sel,C.u.: ,0", e:+ ni%'cF ._ _- • t' rC I Pul'lil ._ i' C' i - e�J: ;ii r:': rga21:_eG', red w Y - ed i .e�., r 1i ✓iS::e" --cck of a builuing _r. ;C: into a t:"�^:. a .^,',iSi• Css. Ron ,vi So_ _e has f'- .l.:.. t:.. iS ..=e 5ei.- a,-;.Cililte4 ' „';.eJ:: °.1-::o: ::1C :.:;=boriaCJC Let me et%_1^, agIZ: i_': .._ S Is ^?Z' tti: C^^ iiC Joes not s;,e.ak fo- as many as he :h;r:hs he Goes. Ron sl:.—s :c flee: ,:.�t ...�., , .. 'ii: al -ce -_ ... rc »r�s to ais :h c.•;:tter.'.c.. I� s •� ��4� �. a �.. roc. Ronil�rrto I' e �;,r^atin^� tra: i:e is not goir.�.f; ;- :: fc: J = ... :fee: that Es beIia%,:o- is .:an. ^ %3aria., ani certairllv nc; be: i�?`'GC'; 1?:lam ,b n: T?e'.rl: i;• o: 10 Fears ag3 is gone. 'W:. a 1::ve to i ake adijustn:ents r.... _ L 1 e. ::ia'•l1 -i r_ - ^��` !_i/`_-� �'cllc i. 1r''I'•i `}'?e ri :'t rison's Landscanir' IC..C:.....,, i :-�•_ »:v r �.- an Saturda 'S C" ti?e ` ...CP.0 ',' i.!C.: i� ! . .:: CS`_ of JS c: L' ab.z- (CZ3 Iroricali,', Ron, 1lmSz'-, :13s comm acteL ?o: nscn's services on Satu-J dZy. I find it veli" interesting That This whole situationbegan because o it��l'�Slier's complaining ahaut noise or: a SaTurday .Morning. Ron Milier o; ld not be hapov if a bunch of mutes that packed cotton balls moved into :he Johnson prole: 'W'hen Ron needed to get gravcl tc 1-_:s house, Johnson's were okay. When Ron needed tires imrn,.diatel• the Jcr lson's N_, ere ol:a\ When he had to get pulled out of the snow on a Saturday, the Johnson'; w :` were aka . -n6 -.N 1.en Ron parked his car on H,.; y . 13 in fi ort ofthe Johnson's building. they were o',—ay a<,ail; No•. , they aren't okay?!?! I w—,nt to emphasis tha- r1Llrb'�: of neighbors who think we are very lucky to have the Johnson's in our neig' bo- :cod. Than': }'OU IOi NYG _ Sr2r.u' Sincere!' Michael Eiilrneier 167 cc: Johnson's File iTK S�•fa. 1 August 22, 1996 Mr. Michael J. Redley° Community Development City of Eagan ' 3830 Pilot Knob Road Eagan, �v 4 55121 Re: Richfield Blacktop vs Ronald Miller Dear Mike: I appreciate all the time you have taken to consider the Johnson vs. Miller situation and how the neighbors feel. But after viewing the August 20th Council Meeting on T.V., I felt the need to share with you how I feel about it all. Let me start by stating again to you, as I did the first time back in June, that Ron Miller does not speak for me. I was angry that he would address the Council and state' his" issues as '`community". issues. I do not have a problem with Richfield $lacktop. Let me be perfectly clear that the Johnson's have been the kind of neighbors I want to have. I am now definitely questioning what kind of neighbors the Millers have become. In my opinion, Ron Miller has developed a real attitude. I don't want anyone to feel that their opinions, views or thoughts would not be considered, but for the Miller's to speak as if they are speaking for the "community", as he puts it, angers me. I find it very interesting that neither Ron or Barb Miller have even spoken to us, but yet can stand in front of the Council and leave the Mayor and Council members with the idea he speaks for us all. If this is such a "community" problem, why haven't we heard from them`' I have certain expectations of a neighbor. We look out for each other, we respect each others privacy, we play together, help each other with major upkeep projects, etc. What I call a very nice place to live. Richfield Blacktop is no different to me than a resident who just has more visitors than I. The Johnson's have done their part as a neighbor in my book and I'm glad they are there whether I need their services or not. I have lived at 1679 Letendre Street for, 23 years and have seen a lot of changes. When my husband and I moved to Eagan, the first thing I said about George Huber's station was, "Great, I won't have to go far for gas." George was a good neighbor to us. Then came the vacant years. didn't like how the place looked, I 4i -#'t like the dumping, drug dealings, and the terrible condition the place was in. It was so. embarrassing that when people would come to visit us, we always gave them directions other than the Highway 13 turn off. Then the Johnson's arrived. I was very pleased to see all the improvements and what a. boost for our property value. s As I was watching the August 20th Council Meeting, the Magor commented something;to'the effect that the Miller situation would be on the next meejing" agenda. I would like to be notified by you or your office when this will be on the agenda, s4O this does effect me and I wapt to make sure that the Council understands that Miller does dot speak for me. Thanks again for yorr time. ; Sincerely, •J anne O'Keefe 1679 Letendre Street (612)454-5515 August 26, 1996 Mr. Michael J. Redley Community Development City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Johnson's Richfield Blacktop Dear Mr. Redley: I am writing this letter in regards to the papers given to you by Ron Miller and Tim Green concerning Richfield Blacktop. Mr. Miller and Mr. Green have expressed concerns that Richfield Blacktop has been detrimental to themselves and the entire neighborhood. I find these claims to be unfounded. There is nothing at this business that constitutes "an untidy, garbage ridden rock quarry that lowers the property value or endangers people's health or their privacy," as stated by Mr. Miller and Mr. Green. Two of the other complaints from Mr. Miller and Mr. Green is the noise and the diesel smell. Both Mr. Miller and Mr Green moved in knowing that the adjoining property is zoned commercial. it is strange however, that all of the other neighbors, even much closer to Johnson's have absolutely no complaints at all Mr. Miller has stated that he built 22 years ago at his location. At that time, he did this with an operating gas station at the Johnson's location In addition, he could see more of that particular commercial property than now, since the trees were 22 years less mature. I know how the trees looked at that time since I have lived at my location for 21 years. But yet, wiih the complaint of sightly property a -Ad glaring lights, and all the noise, Mr. Miller goes onto Johnson's property and cuts down their trees to get a better view of the river If everything is so terrible, why cut down a natural barrier'? Mr. Green made a statement that he had to fence his yard so his children wouldn't stray into what he refereed to as "Johnson's construction zone." This is strange since as I recall, he moved in when Johnson's property was owned by George Huber and at that point in time, was vacant It is also a puzzle over his concern about his children since there are nine other children, ranging from ages 3 to 11, at various residents surrounding Johnson's and they don't have a problem with the Johnson's, so why does Mr. Green. All of the events of the past two months are a puzzle to me since Mr. Miller had no complaints for over a year from when Johnson's moved in. He used their facility a number of times, including a new driveway, purchasing tires, and even parking his son's car in front of the Johnson's building with " For Sale" signs on it the week before Mr. Miller went ballistic, At that point, he could only say that he was going to hire a lawyer to put them out of business and sue them back for the lawyer fees. I also read a letter that George Huber (previous owner) sent to the Johnson's, stating that when he confronted Mr, Miller about the dumping of fill on the back of the lot, Mr. Miller said, "If you make trouble for me, I'll make trouble for you." Wow! How much of this went on that the neighbors weren't aware of? Several of the neighbors that I have spoken with about these events, have all said that they moved in knowing that this property was zoned commercial. There are 11 neighbors surrounding the Johnson property. Two are in complaint, one is neutral and the other nine have no complaints about Johnson or their business. These neighbors have sent letters to the City in support of the Johnson's and also made phone calls. None of the neighbors want to deprive Mr. Miller and Mr, Green of their home life, but the fact remains that this is zoned commercial and all of the neighbors concerned realize who was there first. I appreciate you taking the time to read my letter and considering my comments. If you have an questions, please feel free to contact me any evening, I would like to leave you with one last thought. One of the neighbors made this comment - "Who is the victim here, Johnson's or Miller's?" Sincerely, Michael Billmeier 1673 Letendre Street (612) 454-2150 August 27, 1996 To Whom It May Concern, Eagan Mr. Tire has been handling the fleet maintenance for the past nine months for Safety-Rleen Corporation located at 3227 Terminal Drive in Eagan, Minnesota. During this time, Wayne Kanner, the chief mechanic, has taken excellent care of the fleet. Wayne treats all vehicles like they are his own, and takes a tremendous amount of pride in the work that is performed. Wayne not only fixes the problems with the trucks, he spots items that could be potential problems in the future and brings them to my attention to I can make a decision on fixing it or letting the problem ride. over the past nine months, I have been very happy with the service. I have used two other vendors in the area since coming to Eagan, and I can certainly say with confidence that Eagan Mr. the best vendor for me. The pride, the ook and the reliability have all been elt. J,�enhe an � Manager Safety -Kasen Corporation 3227 Terminal Drive Eagan, MN 55121 (612) 689-6975 JR:sh 3227 YliqSNAL OMW MGM. MN SMI 6121"o -NTS PRKUED ON RECYCLED PAPER * TOTAL PAGE.01 *M Agenda Information Memo September 3, 1996 Eagan City Council Meeting L s ':►1�� ACTION TO BE CONSIDERED: To accept the letter of resignation from the Advisory Parks, Recreation and Natural Resources Commission of Ken Tyler. BACKGROUND: The City has received a letter of resignation from the APRNRC from current member Ken Tyler. It is advised that the Council accept the letter of resignation but not fill the position at this time as member Tyler's term is due to expire at the end of this year. It is recommended that the Council address the position at the organization meeting in January of 1997. Agenda Information Memo September 3, 1996 Eagan City Council Meeting U. EXTENSION OF RECORDING - GALAXIE CLIFF ADDITION (KINDERCARE) ACTION TO BE CONSIDERED: ► To approve or deny an extension of recording of the final plat for Galaxie Cliff Addition until December 31, 1996. FACTS: 01 The City Council approved an amendment to the development contract and extension of recording for Galaxie Cliff Addition No. 1 on July 16, 1996. The extension was granted until August 24, 1996. ► The revised development contract was executed by the City Council on August 20, 1996. ► Dakota County would not record the plat because of a technicality with the name. They requested the name be changed from Galaxie Cliff Addition No. 1 to Galaxie Cliff Addition. ► Due to this technicality the applicant was not able to record the plat by August 24, 1996 and is requesting another extension for recording, Staff is suggesting a longer extension to insure that this does not have to come back for another extension. ATTACHMENTS: Plat map, page W. — • F— W uj i i gF - F -s i ' : i�5d IS i iu i3 t iVd �t I 1 R; C6 2i s i ii o I f ; ; Agenda Information Memo September 3, 1996 Eagan City Council Meeting CONSENT AGENDA ACTION TO BE CONSIDERED: To approve a tobacco sales license for Cellars Wine & Spirits located at 2113 Cliff Road. ATTACHMENTS: Enclosed without page number is a copy of the license application. %33 Agenda Information Memo September 3, 1996 PUBLIC HEARINGS A. VACATION OF ALDRIN DRIVE ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the vacation of Aldrin Drive as described and authorize its. recording at Dakota County all subject to and concurrent with the recording of the final plat for the Eagandale Corporate Center Addition. FACTS: On August 6, the City Council received a petition requesting the vacation of a portion of Aldrin Drive to accommodate the proposed final plat of the Eagandale Corporate Center Addition. The City Council subsequently scheduled a public hearing to be held on September 3 to formally discuss the merits of this request. All notices have been published in the legal newspaper and sent to all potentially affected property owners and utility companies informing them of this public hearing. As of this date, the Dakota County Highway Department has informed the City of Eagan that they feel the vacation of Aldrin Drive will eliminate the opportunity to provide a parallel local public street between Mike Collins Drive and Lexington Avenue which will help to minimize the impact of traffic on Yankee Doodle Road (County Road 28). The vacation of Aldrin Drive is one of the conditions placed on the preliminary plat approval for the Eagandale Corporate Center Addition. ISSUES: After City staff evaluated the overall development layout of the Eagandale Industrial Park incorporated by Lone Oak Road, Yankee Doodle Road, Lexington Avenue, and Mike Collins Drive, it does not appear that there is a need for an east/west circulator parallel to Yankee Doodle Road. All internal traffic will take access (both ingress and egress) from major intersections on the bordering arterial street system in a direct route to/from their origin/destination. There is very little if any internal circulation projected or foreseen within this Industrial Park. ATTACHMENTS: • Location map, page 3) • Legal descriptiond ra hic of vacation, page • Staff report, page . f 7 . �RA 71: mES mw ' RYE WA C, AVE. 1Z.-nt COUNTRY r-.-IJNTR KEV C&- PARK A 17 ail .POST ! I C' x l � r Gj: F. ICE 94 (DO LCNE OAK ROAD =CACI 29 LCNE :AK CLUBVIEW CC R i I APOLLO Vcw 10. PITA :7. ail RD. Gil GEM" NShONE PAF /� LH PC-*-%. AL: R. PROPOSED VACATION I 7AMARAC PIT. vl iii 2- 3RC4 2T. 4ORWAY PT. rORES7 R= TP_ 'R"001) LA. REDWOOD PT. 1 \ 111 4 -on SPR= IST. rob-An ---------- PL Ow "W" It L 51 CARRIAQ5 4ELS R T& RANLJ 7_9 2 4--g- LEARY PA 01 v 1 I t CIA 4,4AV oil ft-ur -.Ucw*, T _LA0_Pee`g? . �A T I w SCOTT RES "Iccz 11ICN j^y NA J PARK r V. 139 I jj.� FARM P RBOR CT. "n"m _7A VE flAIL VIEft0QK PL sourH I- SOUTH -AWIE I J%. &K SNA CR. wgortf 1 C —,.:e" CT. LAVE L I4 Ao Emr ITT ROA0 m,�I (cc 70) p 11 AVE�.. A. 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Zo w V✓/ L t+ ENGINEERING REPORT CITY OF EAGAN REPORT DATE: AUGUST 28,1996 REQUEST: ALDRIN DRIVE RIGHT-OF-WAY VACATION LOCATION: EAGANDALE CORPORATE CTR PETITIONED BY: MAPLEWOOD ACRES INC REPORT BY: CRAIG KNUDSEN, ENGINEERING TECH Background As a part of the development proposal for Eagandale Corporate Center, Maplewood Acres, Inc., is requesting the vacation of Aldrin Drive within their plat. As a part of the improvements, Maplewood Acres, Inc., is constructing a cul-de-sac for the purposes of providing a turnaround on the east end of Aldrin Drive as well as internal circulation necessary to provide access to the proposed lots within Eagandale Corporate Center. All improvements associated with the right-of-way vacation and plat are being reviewed in accordance with the platting procedures established by the City Notifications and Responses Public notices for the vacation of this right-of-way was published in the City's legal newspaper. Additional notices were provided as standard procedures to parties who may have an interest. As of this date, the City has not received any objections to the proposed vacation. Recommendation It is recommended that the City vacate the Aldrin Drive right-of-way within the proposed Eagandale Corporate Center with concurrent recording of the Eagandale Corporate Center plat, Attachments: Location Map Legal & Graphic VACAn0NS1&Wnn.gW1j Agenda Information Memo September 3, 1996 JS PROJECT 708 WESCOTT ROAD EXTENSION & PILOT KNOB ROAD SIGNAL REVISION ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve/deny/amend Project 708 and, if approved, authorize the preparation of detailed plans and specifications. ATTACHMENTS: • Feasibility report Wescott Road Extension Street Improvement Report City of Eagan Minnesota City Project No. 708 SEH No. A-EAGAN9701.00 August 20, 1996 �� Wescott Road Extension Street Improvement Report City of Eagan, Minnesota City Project No. 708 SEH No. A-EAGAN9701.00 August 20, 1996 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: August 20, 19 6 Reg. No.: 2-0943 Reviewed By: - ; ;�` t.v'�°V;� •�°" 2 �.,� ;? i� J Public Works Dept Date Reviewed By: aL IL 9 . DO Alto Fi ce Dept. Date Reviewed By: � 6P- 2a p H, Inc. Date Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive 200 SEH Center St. Paul, Minnesota 55110 (612) 490-2000 AAZWHE" August 20, 1996 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER. ST. PAUL, MN 55110 612490-2000 8002215-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and City Council: RE: Eagan, Minnesota Street Improvement Report Wescott Road Extension City Project No. 708 SEH No. A-EAGAN9701.00 Enclosed is our report for extending Wescott Road west of Pilot Knob Road, City Project No. 708. This report discusses the signal modifications, road and parking lot construction improvements, and presents cost estimates for these improvements. We would be pleased to meet.with you at your convenience to discuss this report. Sincerely, 'r�`ez''rrcL4 Thomas A. Sohrweide, P.E. cbp Enclosure F:\DOC\PROJ ECTSIEAGAN197011REPORTSIW ESCOTT.820 SHORT ELLIOTT HENDRICKSON INC. / f I MINNEAPOLIS, MN ST. CLOUD, MN HIPP--J'.A LLS, WI EQUAL QPPORT ITYE,`, OYER MADISON, Wl LAKE COUNTY. IN Table of Contents Certification Page Letter of Transmittal Table of Contents Page Introduction...................................................... 1 Scope........................................................... 1 Feasibility and Recommendations ................................... 1 Street Evaluation ................................................. 2 Proposed Improvements 2 Easements....................................................... 3 Permits......................................................... 3 CostEstimate .................................................... 3 Assessments..................................................... 4 Revenue Source .................................................. 4 ProjectSchedule ................................................. 5 Wescott Road Extension Eagan, Minnesota A-EAGAN9701.00 Page List of Appendices Appendix A Preliminary Cost Estimate Appendix B Exhibits No. 1 Location Map No. 2 Proposed Improvement No. 3 Typical Section Wescott Road Extension Eagan, Minnesota 1 C{ 3 A-EAGAN9701.00 Page ii August 20, 1996 Street Improvement Report Wescott Road Extension Eagan, Minnesota Introduction The proposed Kingswood Ponds Addition is located west of Pilot Knob Road at Wescott Road extended as shown in Exhibit Nos. 1 and 2. Wescott Road extended west of Pilot Knob Road is now a driveway providing access to the City of Eagan's fire administration building and Eagan Town Hall Museum. Providing access to the Kingswood Ponds development requires the upgrading of this driveway entrance to a full public street. Included with the construction of the street will be revisions to the existing traffic signal at the intersection of Wescott Road/Pilot Knob Road and the relocation of existing parking spaces. Scope This project provides for the construction of approximately 155 feet of roadway to replace an existing driveway access on City of Eagan property immediately west of Pilot Knob Road at Wescott Road. The roadway will be constructed to City of Eagan residential street design standards. A new parking lot with six (6) parking spaces will be constructed for the Eagan Town Hall Museum. The existing traffic signal at the intersection of Wescott Road/Pilot Knob Road will be modified to accommodate the new street section. The project will end at the east property line of the Kingswood Ponds development and will align the new roadway section with the proposed street in the development. No utilities will be constructed as part of this project. Feasibility and Recommendations This project is necessary to provide city street access to the proposed development. The project is feasible and cost-effective from an engineering standpoint. It is recommended that the project be constructed as proposed in this report. Because of the relative small size of this A-EAGAN9701.00 Page 1 project, it may be best to incorporate this project with the development's roadway construction. However, this project can be constructed separately as described in this report or combined with a similar type project. Street Evaluation Wescott Road extended west of Pilot Knob Road is a driveway access to parking areas for the City of Eagan fire administration building and the Eagan Town Hall Museum. The existing driveway area needs to be upgraded to meet City of Eagan residential street standards to accommodate access into and out of the proposed Kingswood Pond development. The existing surface and base will be removed and newly - constructed to City of Eagan residential street standards. Proposed Improvements Wescott Road will be extended west of Pilot Knob Road as shown in Exhibit No. 2. The road will be extended by constructing a new street section which will have one 16 -foot wide westbound lane, one 12 -foot wide eastbound lane, and one 13 -foot wide eastbound lane as shown in Exhibit No. 4. The 41 -foot road will transition to a 32 -foot wide pavement within the development. The construction of the Wescott Road extension included in this project is on City property. The developer had requested that a median be included in the construction of the new roadway. If a median were constructed, a greater offset than normal is created for east and westbound left -turning vehicles. This is not a desirable situation. Furthermore, Dakota County controls the operation of the traffic signal at Pilot Knob Road/Wescott Road and has recommended that a median not be installed in this situation. The geometrics created as part of this project will not change any traffic flow on Pilot Knob Road but will require that westbound Wescott Road approaching Pilot Knob Road have the right lane designated as right turn only and the left lane designated as combination through/left turn. The new roadway will have the eastbound left lane designated as a combination through/left turn lane, and the right lane will be for through/right turns. Because of the addition of traffic generated by the Kingswood Ponds development, it is recommended that the new roadway have two eastbound lanes approaching Pilot Knob Road to facilitate ambulance and potential future fire department access needs to the intersection. Without the development, the driveway with one eastbound lane would suffice. The construction will eliminate 12 existing parking spaces on the south side of the new roadway and create 6 new parking spaces. The new parking spaces will be located in a new parking lot south of the proposed roadway extension. The construction will also eliminate 6 parking spaces Wescott Road Extension A-EAGAN9701.00 Eagan, Minnesota Page 2 in the Fire Department Administration parking lot to the north. These spaces may be replaced as part of a proposed improvement to that property. The new construction will have a 6 -inch Class 5 aggregate base course, a 2 -inch bituminous base course, and a 1 -inch bituminous wear course. Modifications will be required of the existing traffic signal system. This will include the relocation of the traffic signal control cabinet, two handholes, and two traffic signal mast arm poles. It will also include the replacement of one traffic signal mast arm. Also included will be the addition of emergency vehicle preemption cables to the traffic signal system. This project is proposed to be constructed in the spring of 1997. Also shown on Exhibit No. 2 is how the Wescott Road extension will fit with the proposed improvements to the Fire Administration property. It is anticipated that the Wescott Road extension project will be constructed prior to the improvements to the Fire Administration property. Exhibit No. 3 shows the planned improvements for the Wescott Road extension project if constructed prior to any improvements to the Fire Administration property. Easements The City will establish a 60 -foot public right-of-way for the street access. This would be sufficient for pedestrian accommodations on the north side of the new roadway. Permits An access permit would be required from Dakota County. Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 1997 construction costs and includes a 10 percent contingency and indirect costs estimated at 35 percent which include legal, administration, engineering and bond interest. A summary of the cost is as follows: • Traffic Signal Revisions ...................... $ 64,225 • New Parking Lot Construction ................. $ 17,540 • Street Construction ........................... $ 42,880 Total ......................... $124,645 Wescott Road Extension A-EAGAN9701.00 Eagan, Minnesota Page 3 Wescott Road Extension Eagan, Minnesota Assessments Several options exist with regard to funding this project and the assessments that may be levied. They are as follows: 1. All costs associated with providing access to the new development would be the responsibility of that development. This would include modifications to the existing traffic signal system, modifications to existing parking facilities, and the development of a new parking lot. The City would establish public right-of-way providing this access. 2. Same as Option No: 1 except the City's major street fund would assume all costs associated with relocating and upgrading the traffic signal system. 3. Same as Option No. 2 except the City would further assume all costs associated with the new parking lot construction on the south side of Wescott Road extended. 4. The development would be responsible for a standard 32 -foot wide street, the traffic signal modifications, and the construction of new parking facilities. The City would be responsible for additional widening. 5. The City would be responsible for all costs. Following is a preliminary assessment roll for the various options: Following Kingswood Ponds Project City of Eagan P.I.N. 10-01600-010-80 Cost P.I.N.10-01600-020.80 P.I.N. 10-42001-010-00 P.I.N. 10-02100-020-01 P.I.N. 10-42001-020-00 P.I.N. 10-42001-030-00 Option 1 $124,645 - 0 - $124,645 'Option 2 $124,645 $ 64,225 $ 60,420 Option 3 $124,645 $ 81,765 $ 42,880 Option 4 $124,645 $ 8,250 $116,395 Option 5 $124,645 $124,645 -0- 0 - Revenue Source We recommend that Option No. 1 be approved for funding this project. The City is providing the right-of-way for this street and is losing some existing parking spaces. The City already has access at this location and is therefore not benefitting from the additional widening and/or modifications to the area. A-EAGAN9701.00 Page 4 Wescott Road Extension Eagan, Minnesota Following is a summary of sources of revenue for the various options: Project Project Cost City Assessment Revenue Option 1 $124,645 - 0 - $124,645 Option 2 $124,645 $ 64,225 $ 60,420 Option 3 $124,645 $ 81,765 $ 42,880 Option $124,645 $ 8,250 $116,395 Option 5 $124,645 $124,645 -0- 0 - Project Schedule Present Feasibility Report ...................... August 6, 1996 Public Hearing ....................... .... September 3, 1996 Council Orders Plans Council Approves Plans/Sets Bid Date .......... November 5, 1996 Receive Bids ............................... February 7, 1997 Construction Contract Awarded ............... February 18, 1997 Begin Construction ............... ...... ... April 15, 1997 Final Completion .............................. June 30, 1997 A-EAGAN9701.00 Page 5 Appendix A Preliminary Cost Estimate Preliminary Cost Estimate Wescott Road Extension City Project No. 708 Traffic Signal Modification Item Unit Est. aty. Unit Price Est. Cost S & R PA85-A-20 EACH 1 $2,500 $2,500 S & R PA90-A-40-D40-12 EACH 1 $2,500 $2,500 Remove Foundation EACH 3 $500 $1,500 Remove Handhole EACH 2 $100 $200 PA85 Foundation EACH 1 $1,000 $1,000 PA90 Foundation EACH 1 $1,200 $1,200 Equipment Pad EACH 1 $1,500 $1,500 S & R Controller Cabinet EACH 1 $1,500 $1,500 New Service Equipment (S & R old) EACH 1 $1,000 $1,000 PVC Handhole (concrete cover) EACH 2 $600 $1,200 25' Mast Arm (S & R Overhead Signal, Salvage Inplace Arm) EACH 1 $4,000 $4,000 4" R.S.C. L.F. 125 $20 $2,500 3" R.S.C. L.F. 100 $15 $1,500 2" R.S.C. L.F. 100 $10 $1,000 3 - 6x6 Loop Detectors EACH 2 $1.200 $2,400 6x6 Loop Detector EACH 1 $500 $500 2 - 6x6 Loop Detectors (with cabinet card) EACH 2 $1,000 $2,000 1 1/4" R.S.C. L.F. 100 $7 $700 S & R Signal Cables SUMP --- $2,000 $2,000 12/c #12 L.F. 600 $2 $1,200 3/c #12 L.F. 1,700 $1 $1,700 2/c #14 L.F. 1,300 $1 $1,300 3/c #20 L.F. 600 $1 $600 Traffic Control SUM 1 $1,000 $1,000 Miscellaneous SUM 1 $5,500 $5,500 Mobilization SUMP 1 $1,250 $1,250 Subtotal $43,250 +10% Contin encies 4.325 Subtotal 547,575 +35% Indirect Costs 16.650 TOTALI $64,225 Page 1 of 4%� II. New Parking Lot Construction to the South Item Unit Est. Unit Est. W Price Cost Remove Sidewalk S.Y. 35 $10 $350 Salvage and Transplant Trees EACH 4 $200 $800 Common Excavation C.Y. 250 $7 $1,750 Aggregate Base, Class 5 TON 160 $10 $1,600 Type 31 Bituminous Base Course TON 55 $27 $1,485 Type 41 Bituminous Wear Course TON 28 $28 $784 Bituminous Material for Tack Coat GAL. 25 $2 $50 4" Concrete Walk S.F. 275 $3 $825 Concrete Curb and Gutter B618 L.F. 30 $8 $240 Concrete Curb & Gutter B612 L.F. 235 $8 $1,880 Concrete Valley Gutter S.Y. 35 $30 $1,050 Sod with 4" Topsoil S.Y. 220 $4 $880 4" Solid Line - White L.F. 120 $1 $120 Subtotal $11,814 +10% Contingencies 1.1A1 PSubtotal $12,995 +35% Indirect Costs 4.545 TOTAL $17,540 Pag/ 0 4 / G III. Street Improvement Item Unit Est. oty. Unit Est. Price Cost Remove Curb & Gutter L.F. 465 $3 $1,395 Remove Bituminous Pavement S.Y. 1,040 1 $3 $3,120 Relocate Light EACH 1 $1,500 $1,500 Common Excavation C.Y. 780 $7 $5,460 Adjust Manhole EACH 1 $200 $200 Aggregate Base, Class 5 TON 330 $10 $3,300 Type 31 Bituminous Base Course TON 120 $27 $3,240 Type 41 Bituminous Wear Course TON 60 $28 $1,680 Bituminous Material for Tack Coat GAL. 50 $2 $100 Concrete Curb & Gutter 8618 L.F. 375 $8 $3,000 Concrete Curb & Gutter 8612 L.F. 100 $8 $800 Concrete Valley Gutter S.Y. 80 $30 $2,400 Sod with 4" Topsoil S.Y. 550 $4 $2,200 4" Solid White L.F. 90 $1 $90 4" Double Solid Yellow L.F. 95 $2 $190 Pavement Message Turn Arrowl EACH 2 $100 $200 Subtotal F $28,875 +10% Contin encies 2.885 Subtotal $31,760 +35% Indirect Costs 11.120 TOTAL $42,880 Pag� of l� IV. Street Improvement (32' F -F Residential Street) Item Unit Est. al Unit Price Est. Cost Remove Curb & Gutter L.F. 465 $3 $1,395 Remove Bituminous Pavement S.Y. 1,040 $3 $3,120 Common Excavation C.Y. 480 $7 $3,360 Adjust Manhole EACH 1 $200 $200 Aggregate Base, Class 5 TON 250 $10 $2,500 Type 31 Bituminous Base Course TON 85 $27 $2,295 Type 41 Bituminous Wear Course TON 42 $28 $1,176 Bituminous Material for Tack Coat GAL. 35 $2 $70 Concrete Curb & Gutter, B618 L.F. 375 $8 $3,000 Concrete Curb & Gutter, B612 L.F. 100 $8 $800 Concrete Valley Gutter S.Y. 80 $30 $2,400 Sod with 4" Topsoil S.Y. 750 4 53.000 Subtotal $23,316 +10% Contin encies 9.q34 Subtotal $25,650 +35% Indirect Costs 8.984 TOTAL $34,630 NOTE: Cost per front foot of street ($34,630 _ 370) is $93.60 P°age4 f4 F Appendix B Exhibits Lr' Z. �P a 7 IOUARHY p R BLUFF v�' 2 / PARK a LIE' T IV j - NORWAY IPT DILFOREST RIpGE TR(�O .� � - IRONWOOD LA. I' J REDWOOD PT. IALL>CEN:URY I - / - -SPRUCE PT. PT. YANKEE DOODLE ROAD i r I YANKEE DOODLE ROAD It aj in _ .1st/`ti " /// •�'— - r ANKEE PL. p 9 T. j 0 DR. TOW /'�� EN19"I� GtiCj �9i�'� HILLS t i wo HT EICP d y DR LIRSE 3 N - vi I GOLFVIEW N NT. ` l5� d3 W 24-0' LEAKY PARK CILITY �° ` J© moo` t �' ,Q` O'LEA RXJ— m ROYALa x W L, . `.LAKV WA I� a z B0 OAK CIR. w < y `fes BLUE L PAR ' W DUCKIy 6 2 ¢, z" ; WOOD TR. v P L i VIOLET w 000 O 4, ' 3 A p LANE oD,p j Lf DU KW 6 -- �E -- ----- C 00 T[DR - $ j - - — - CT. x CREST�IDGE LA. RAS C GE Sa A in o C T � � K ND > .o W 4! n E £ JAY WA 1 tR yT i /3 MUELLE y Y.�J I r z ��JJD A erc m FARM JEr J + + FISH `.a K�SLSTA '1t URNING WA FAL wZ Si D VE CT. FAL ON FA y z - A L L GE EN L R7 LAWE -.01 a� a # < - ROAD I\ I PISHARK MAPtKM TNMARK �HU\J�LEY , i"� ,< ; ;, RODS o�'�E` _ Y lY,BL HWK o UN CT. LACE o C CT. NMARK \ AR INAL m a s DE R E. 1 z m �-�ev Y J 4 WESCO rGg HAW EPL. P WK 6 C} ROADLAK GE _ . 79 U 4 _ _ � eRR CREEK . I sT IAWK CAk� y j,, i 9 UR P C'f-+., Z. OEQtQFF C7. 52 /I V1 1 RKWAY AV �tou6Rr A ROCKY LA. ESTVIEW WS_3KINGS CUTTERS '_ LA. 4 e •, ROCkY - U ; l � ,J1 _ +� TICON7EROG-- HILL TR P 27 � II Y} C c DRIVED C�DGE ' o vI NORTHVIEW PA - a RIVE G DEE WOOD _— - I - CARTHY z - -- _ 2 �FfLN p`K000 NORTHVIEw PROJECT LOCATION �� $Q 71 PARK i O oc^ DEERWOOO, ATTFRl ` lra i PATH DFCFTRW/ PATRICK NORTHVIEW ' X PT. C E EAGAN c,, I( WAY 4 W w+- BERRY J j 45 )PARK < oy .. !ML M 0W �Q llil 0, G 3'i I +ra m. m z m cW'- I .- F w LA. ` 1QA7 .6 '��,_yj�/`Jy�` 'O-� I '`� - jy■••# i J.16DF cit. v-NAP,'LAKE' PARK'S W V � QSM BA ;RFMS v PO RO A I C(,- A LAKE LSA U VERGREE CIR. ST I 1 ? a PAR L o Y. 0 CARTS [mC >(L KE r (G) c� I� 1 s~�- �A—_� �yPo THOMAS % i0E ;Y S. LA E I mE ' �) ""'I DERNE55 x Me ARft n of OAK # FLE NO EAGIAN9Z)0`. 0 C Y PROJE( WE COTT RD. E: '/i EAGAN, W r 7' J 'XINGTON--DIFFLEIR 7— i THLETICFACILITY- EQN FLOW C� �. ODDFLO RCS ez GOAT w PARK 1 A. - WALNUT HILL ` NY �bG Sof , *EDCE , i ( i Y E1CFwonr..�; a ,. o' 1 708 TENSION EXHI8ff )TA NO. 1 9 1-- z LLJ M q O —j LLJ LLJ z 0 C V) C -D z Y 000 FIRE ADMINISTRATION —�0=01'600-020-80 jo, ;�e i 12' ==min F. TO F: 16 15 212 PROJECT LIMITS . . . ........ 24' WESCOT, 7 ROAD 10-02100-020-01 Note: Shown with Preliminary/conceptual Improvements to Fire Administration Property. SCALE: 1"= 50' Adw ffffj I FILE NO. EAGAN9701.00 &FF DATE: 7/17/9ro' PROJECT NO. 708 )TT RD. — EXTENSION GAN, MMESOTA EXHIMT NO. 2 000 000 O 0 0 000 N N N I I I coo 10-02100-020-01 Note: Shown with Existing Conditions of Fire Administration Property SCALE: 1"= 50' V I I j 1I co W 7/17/96 O II O z I 0 O W �1 .O! �.1 D 10-01600-020-80 !! 16 15 I� 212 Z I �'- w PROJECT LIMITS O ; - WESC07 ROAD _ w (n16' ?2' F. TO F: _Z 12' CL 13'. o IiT - -2V _ 9D 241 z Y �IIII _ 000 000 O 0 0 000 N N N I I I coo 10-02100-020-01 Note: Shown with Existing Conditions of Fire Administration Property SCALE: 1"= 50' V FILE N0. EA 1.00 O 7/17/96 �T z 0 W �1 .O! �.1 D !! 16 15 I� 212 PROJECT LIMITS ; - WESC07 I ROAD _ CITY PROJECT NO. 708 WESCOTT RD, - EXTENSION EAGAN, MMESOTA .`� FILE N0. EA 1.00 DATE: DATE: 7/17/96 EXNBIT NO. 3 13' TYPICAL SECTION 60' R/W 41' 12' 16' EXIST. 8618 CONC. C&G (TYP. ) 1" BITUMINOUS WEAR COURSE, Mn/DOT 2331 MOD. TYPE 41 2" BITUMINOUS BASE COURSE, Mn/DOT 2331, TYPE 31 6" CLASS V 100% CRUSHED QUARRY ROCK BASE. Mn/DOT 3138-1, OR RECYCLED CONC. PRODUCTS THAT MEET THE REQUIRED SPECS. 6" MIN.—SCARIFY & COMPACT SUB—GRADE (A-6 SOIL)—INCIDENTAL ITEM. FILE NO. EAGAN9701.00 DATE: 7/17/96 I CITY PROJECT NO. 708 WESCOTT RD. — EXTENSION EXIiB T EAGAN, MPO ESOTA NO. 4 I Agenda Information Memo September 3, 1996 Eagan City Council Meeting OLD BUSINESS ACTION TO BE CONSIDERED: To receive the results of a survey of residents, attitudes and opinions as submitted by the Wallace Group. BACKGROUND: In early 1996, the Wallace Group was commissioned by the City Council to do a survey of the opinions and attitudes of residents of the City of Eagan to determine how they felt about their City. What they found attractive or unattractive about the community and how they perceived City services. The questions on the survey were prepared with the assistance of City staff and the Mayor and City Councilmembers. The survey was performed in July of this year. A detailed report was given to the City Council at a special City Council workshop held on August 26, 1996. Representatives of the Wallace Group will be present at the September 3 City Council meeting to present a more brief overview of the results of the survey. ATTACHMENTS: ► Report on survey of residents' attitudes and opinions on pages &ougy_&O. Enclosed ,Mthout page number are copies of two larger reports, a detailed tabulation report and an open-ended response report. 3 9 THE WALLACE GROUP PUBLIC RELATIONS • MARKETING COMMUNICATIONS • QUALITY TRAINING P.O. Box 36066 • Minneapolis, Minnesota 55435 • 612 341-2100 3138-B farnum Drive • Eagan, Minnesota 55121 • (fax) 612 452-3504 CITY OF EAGAN REPORT ON SURVEY OF RESIDENTS ATTITUDES AND OPINIONS Submitted: August 26, 1996 AUGUST, 1996 Introduction Residents of Eagan believe strongly in their community, and in each other. That conclusion is among the findings of a survey of Eagan residents conducted this summer under the sponsorship of the City of Eagan. Overall, the people of Eagan believe the city is on the right course, that the development of the city has been based upon sound policies and that the services provided to residents are of high quality. In a survey designed to elicit the feelings and attitudes of Eagan residents, telephone interviews were conducted among a group selected at random. Utilizing a computer-generated sample based upon telephone prefixes, calls were placed to residences and a zip code cross check was applied in order to avoid residents of adjoining communities who still had a primarily Eagan telephone prefix. Sufficient calls were made during daytime and evening hours to develop a respondent base of 250. This provides a statistically reliable sample to assess overall resident attitudes, but has limits on the conclusions that can be drawn regarding the views of subgroups, such as men and women, particular age brackets, and the like. (See methodology, Appendix 1) About 50 questions were included in the survey and several were open-ended or had sub -questions related to them. In reviewing the findings, we will not follow the questionnaire precisely, but group the responses by broad categories. Responses to open- ended questions and specific respondent comments are included at the end of the report, as are complete tabulations and a sample of the final questionnaire. Survey Objectives In early 1996 The Wallace Group was commissioned by the City Council to do a survey of the opinions and attitudes of the residents of citizens to determine how they felt about their city, what they found attractive or unattractive about the community and their hopes for the future. Also of importance was the level of importance they attached to various city activities, the public improvements desired and their sense of how well they felt city departments were performing. To produce the broadest possible level of participation from the selected sample, the number of questions was held down because of the impact this would have on overall interview length. It should be recognized that this survey sought to uncover existing beliefs and impressions, rather than ask respondents to accept various prenuses and then make a judgment. Thus, responses are more a reflection of feelings than objective, factual assessments of performance of city departments, for example. Eagan, Overall The residents of Eagan feel good about their city as a place to live. In response to the open-ended question, "In general, how do you feel about Eagan as a place .to live?, the bulk of respondents cited factors such as the proximity to needed services, access to shopping, Eagan's family orientation and the feeling of safety in the community. The first negative large enough to list as a separate item, "Eagan is too expensive," received 2 percent of the responses, while "Other" was 26 percent and 1 percent said they didn't know. The majority of those in the Other category were favorable, but more individualized responses. When asked what they liked most about living in Eagan, location, the parks and nature areas, schools, quiet and convenient access to shopping were cited most frequently. Their neighborhoods, the people in Eagan, sense of safety, cleanliness and family orientation also came up Several of the response categories, however, could be combined as a location/convenient access majority. Eagan, Overall (more) When asked what they liked least about living in Eagan, 22 percent said "nothing," 10 percent cited high taxes, 9 percent mentioned airplane noise, 4 percent said the city is growing too fast, and several categories --city is too crowded, distance from Twin Cities, too many townhomes/apartments and lack of a downtown/central area --received 3 percent each. Other issues mentioned were too many strip malls, poor public transportation, city is too spread out, rising crime and that the city is becoming overdeveloped. On the "least liked" list, 27 percent cited another reason and 6 percent said they didn't know. Services received by residents in the City of Eagan won high approval ratings, with 15 percent finding them excellent, 50 percent rating them as very good and 30 percent saying they are good. Just 4 percent rated the services as fair and only 1 percent said they are poor. (For a detailed review of city activities and departments, see City Services section, page 14. Rating City Services 6ccelent Good Floor DK/Refus ed Rating Scale 5 so d 40 • •.t� g ry n } v�} ' 30 r� 20 i a 10 a y ' •,rj a 6ccelent Good Floor DK/Refus ed Rating Scale 5 Eagan, ,bverall (more) By an overwhelming margin, the survey indicated that residents believe their city is heading in the right direction. On the overriding question, "Is Eagan on the right course?," 85 percent of respondents said yes, 6 percent said no and 9 percent indicated they didn't know or refused to answer. When asked why they felt that way, 27 percent expressed overall satisfaction, 16 percent noted the development of Eagan, and good city planning, growth and environmentally balanced planning followed in that order. Issues regarding the sense of personal safety that Eagan residents feel were strongly positive. When asked whether they feel safe in their homes, 97 percent of respondents said yes. Some 95 percent of residents said they felt safe in their neighborhoods and 60 percent said there were no areas in Eagan where they would be concerned about their safety, while 34 percent said there were areas of concern. Of those who noted areas of concern, 20 percent identified the Cedarvale area, 18 percent mentioned the parks, 13 percent said the Wescott Square area and 12 percent cited the Town Square area. The remainder of the responses from those with such concerns, 48 percent, were scattered among various areas, with neighborhoods having substantial apartment complexes and shopping areas mentioned most frequently ��J 6 Development Issues From a development perspective, 78 percent said they believed Eagan was on the right course, with 14 percent saying no. Asked what was most pleasing about recent development, parks and nature areas were tied with shopping centers, followed by restaurants and the ice arena. When the Town Centre area and Promenade are joined with shopping, retail development dominates. Least favorable, according to the respondents, was townhouse and apartment development, strip malls and housing development, in general. When reminded that only 20 percent of the land in Eagan is still available for development, 70 percent favored keeping land for parks and open spaces, 59 percent favored single family homes and 25 percent supported retail shops. Townhouse/multi- family dwellings and office buildings tied for fourth place. G j� Development of Remaining 200/6 of Land 70 a parks/open spaces 60 a single family homes 50- ` t7 retail shops 40 i' ,' ■ tow nhouse/multilamly a a office 20 a industrial 10 rti% ■apartments 0 1 a none IS don't know /refused type G j� Development Issues (more) About half of those surveyed felt that Eagan does a good or better job of informing residents of development proposals, but a significant number, 21 percent, said the city does a fair job and 17 percent said poor or very poor. The latter group said they had never received any information or were not informed in a timely fashion. Environmental Issues Eagan residents are very pleased with city's recycling program, with 60 percent rating it as very good or excellent, and an additional 30 percent finding the program to be good. Just 5 percent found it fair and 1 percent considered the recycling program poor. Four questions sought to explore attitudes regarding public transportation by asking residents if they used the Minnesota Valley Transportation Authority bus system, their rating of the MVTA service, the need for more park and ride locations and whether the city should be involved in promoting car pooling. The majority of people (92 percent) responded that they did not use the bus and 54 percent declined to rate the service. Overall, however, the bus service was rated just under good, while 6 percent said the service was poor or very poor. The most common response from those giving the service such poor marks were that there were too many routes to choose from alongside an almost contradictory statement that the buses did not cover enough of the city. On another transportation related matter, a strong 70 percent of those surveyed felt that the city should do more to promote car pooling, but 40 percent did not feel the need for more Park and Ride locations and 38 percent did not respond to the question. This may be due to the relatively small number of people who indicated that they had actually used the bus system. The suggestions for additional Park and Ride locations are, for the most part, scattered, with 27 percent of the respondents falling into the don't know/refused to answer category. Several questions were related to Eagan's regulations regarding conservation of the environment and preservation of natural resources. A strong 73 percent of residents said they were aware of the permanent odd/even sprinkling ban and 83 percent felt that this restriction is reasonable. C f 9 LM. Environmental Issues (more) When commenting on the work the city has done in the preservation of trees, 76 percent of respondents gave the city a good, very good or excellent rating, with a mean of 4.22 on the scale of I to 6. In a follow up, 88 percent said such work is very important. On the city's work in preserving wetlands, residents gave the city an overall rating of 4.14. Of those who gave the city a poor or very poor rating, 38 percent mentioned that the draining of the wetlands at Pinewood School was a disappointment. This should be noted, since 75 percent of respondents rated wetland preservation as very important. Residents gave the city a rating of 4.25 on the 1 to 6 scale for its job in preserving water quality, while 72 percent gave it a good or better rating. The most frequently mentioned disappointment from the group was the fertilizer runoff into the water supply, cited by 25 percent. Overall, protection of water quality was rated as very important by 96 percent of those responding. While this strong endorsement may possibly be due to some confusion that this relates to drinking water, it is clear nonetheless that concerns about water quality rank high among residents. 10 Environmental Issues (more) Against a backdrop of continuing attention to airport noise issues in recent years, residents were asked to generally classify their neighborhood noise levels. No particular contributor to noise was mentioned. Somewhat surprisingly, a substantial majority of respondents found it good to excellent, specifically: 12 percent excellent, 33 percent very good and 30 percent good. Some 13 percent found their neighborhood noise level to be fair, 6 percent rated it poor and 5 percent found it very poor. Of those rating their neighborhood noise level as poor or very poor, 11 percent of the total responding, 61 percent attributed the situation to airplanes while 46 percent mentioned cars. Just 4 percent cited other factors. This does suggest that the airport noise situation is highly localized. Parks, Recreation Programs and Future Development With parks and recreation activities providing a major amenity and significant service to the community, a series of questions were aimed to determine park use and participation in organized parks programs. Questions also sought to determine their interests among several options for park acquisitions or development. Overall, it is clear that Eagan residents use their parks, but that just a fraction take part in the recreational programs. Of those interviewed, 77 percent used the parks and athletic fields and gave them a very good (4.93) rating. Of these people who used the parks, only 32 percent were active in park programs. Those not involved mentioned their lack or time (36 percent) or interest (15 percent) and, in almost equal numbers, their lack of information (14 percent) as the most common reasons for non -participation. Some 29 percent saw the programs as not suitable, because either they or their children were too old or too young to participate. When a list of possible acquisitions or expansions to the parks was read and interviewees were asked to give a rating between 1 (no interest) and 10 (very important), adding undeveloped land to be maintained in its natural state came out as the clear preference. 7.63, outdoor swimming pool 5.98, parks and athletic fields rated 5.93, multiple use recreation facility 5.80, public area for community gatherings 5.68 indoor swimming pool 5.40, band shell 5.01, gymnasium 4.3 9, lighted tennis courts 4.62, garden plots 4.60, volleyball sand courts 4.36, art park/sculpture garden 4.26, and other solicited ideas were added the most common were golf courses and more bike trails. Parks, Recreation Programs and Future Development (more) When noting the items receiving an 8 or higher rating, interests were more clearly drawn to acquiring land to be maintained in its natural state (63 percent), building an outdoor swimming pool (37 percent), acquiring land for additional parks (34 percent), building a multiple use recreation center (32 percent), building an indoor swimming pool (30 percent), developing a park area for large community gatherings (30 percent), building a band shell (20 percent), lighted tennis courts (19 percent), an art park/sculpture garden (16 percent), gymnasium (16 percent), and sand volleyball courts (12 percent.) When asked to consider that taxes would need to be raised to pay for these acquisitions, they picked two out of their top two choices. As might be expected, when paying for the facility enters the equation, the ratings began to change. Acquiring undeveloped land to be maintained in its natural state continued to show the highest interest with 48 percent, building an outdoor swimming pool and a multiple use recreation center both received 21 percent, acquiring land for additional parks 18 percent, building an indoor swimming pool 12 percent, developing a park area for community gatherings 11 percent, a band shell 6 percent, an art park/sculpture garden 5 percent, creating garden plots 4 percent, lighted tennis courts, a gymnasium and a golf course all received 3 percent, and sand courts for volleyball received 2 percent. The "other" category had 9 percent, while "no/none of the above" and "don't know/refused" each had 2 percent. ,f 13 1�� LM City Services The overall sense of security felt by Eagan residents correlates with the good ratings accorded to the performance of the city's police and fire departments. The responsiveness of the Eagan Police Department was rated good to excellent by 78 percent of those surveyed, while 6 percent found it fair and just 1 percent found the department's responsiveness to be poor. Some 15 percent said they didn't know or refused to answer. On a scale of I to 6, with 1 being very poor and 6 being excellent, residents rated police service at 4.8 1, a shade below very good. It is interesting to note that of those surveyed, 29 percent indicated they had occasion to contact the police in the past year. The Eagan Fire Department's responsiveness was rated good to excellent by 61 percent of those surveyed, with 3 percent finding responsiveness to be fair and I percent rating it poor. Those saying they didn't know or refusing to answer totaled 35 percent, more than twice as many as those abstaining on the police question. The overall rating was 4.93, very good, on the I to 6 scale, very poor to excellent, respectively. Several of the offered comments noted that Eagan has a volunteer department. In examining other city services, general satisfaction also prevailed. The quality of city street surfaces were rated highly, with almost half of those surveyed finding them very good or excellent. Specifically, 13 percent found the street surfaces excellent and 32 percent found them very good, with an additional 40 percent rating them good. Only 12 percent considered street surfaces fair with just 2 percent rating them poor. As might be expected, almost everyone had an opinion on the streets. The don't know/refused to answer portion fell to 1 percent. f 14 i, City Services (more) By 58 percent to 40 percent, residents do not believe that Eagan has a problem with traffic congestion. However, among the sizable number of people surveyed who felt there is a problem, the focus is clearly on the Town Centre, Yankee Doodle and Pilot Knob and Yankee Doodle/35E area. The Lexington Avenue and Wescott Road intersection was cited by 16 percent of those who believe a traffic congestion problem exists. However, the vast bulk of responses can be accommodated under the "central area" category that is addressed in the "ring road" studies. A significant level of satisfaction with the Public Works Department's performance in clearing the streets after a snowstorm is also apparent in the survey results. Those regarding the job done as good to excellent totaled 81 percent, with 18 percent rating it excellent, 29 percent saying very good and 34 percent finding the performance good. Just 12 percent find the snow plowing fair to poor. Similarly, 76 percent felt the job the city does in cleaning the streets of sand in the spring was good, very good or excellent, while 14 percent found it fair and 2 percent found the performance to be poor. An interesting shift in opinion occurs in the sequence of questions concerning clearing ice and snow'from trails and sidewalks. When asked whether the city should clear snow and ice from trails and sidewalks running alongside city streets, 68 percent say yes and 28 percent say no, a better than two to one ratio. However, when told that this is a proposed new service and that additional city tax dollars coming from property taxes are necessary to provide the service, the yes rating drops to 47 percent and those saying no increases to 42 percent. 15 � r City Services (more) Length of residence in the city appears to be a factor here. The percentage saying yes is 58 percent for those who have lived in the city for less than three years, 49 percent for three to 10 year residents and 36 percent for those who have lived in Eagan for 10 years or more. The corresponding no votes increase steadily with time of residence, going from 28 percent for relative newcomers to 40 percent for the mid-range and 57 percent for long-time residents. When answering the question on the quality of roadway planning and construction for Eagan, 72 percent responded with a rating of good or above. Only 2 percent gave this activity a poor rating and the overall mean rating was 4.2 out of a possible 6, slightly above good (4). In examining other services, Eagan residents also were positive about the work of the city's building inspection department. Of those responding, 45 percent offered an assessment of excellent, very good or good, with 8 percent saying fair and 4 percent rating the service as poor. The don't know/refused to answer category rose to 44- percent, which is a reflection of lack of personal interaction with the inspectors. While more permits are being sought for remodeling projects and decks, most building inspection activity involves builders and their representatives, rather that the homebuyers, themselves. 16 Communication From The City How do residents get their information about Eagan news, activities, events and city policies? Residents rely on a range of sources, -with weekly newspapers topping the Est at 76 percent of those responding, followed by the city's newsletter and city mailings, at 40 percent and 39 percent, respectively. Dropping down from there, co-workers and neighbors were mentioned by 28 percent, the daily newspapers by 23 percent and cable TV by 16 percent. Radio and the Internet rounded out the list. Since respondents were asked to list those from which they received information, they could give several sources, pushing the total percentages well over 100 percent. The percentages are remarkably consistent across all age groups and the spread based upon length of residence. When asked if they received information from sources other than those given, school newsletters were cited most frequently. When asked how they would prefer to receive information in these areas, weekly newspapers again led the list at 52 percent. The city's newsletter was mentioned by 29 percent and city mailings were given by 25 percent. Daily newspapers, cable TV, the Internet, radio and co-workers/neighbors all were in single digits. 17 Sense Of Community While much is heard about suburban sprawl, with communities blending together, and the difficulties of keeping an identity in a larger -metropolitan area, the people of Eagan do not appear to have great difficulty in finding "community." By about three to one, they responded affirmatively when asked if, in their opinion, the residents of Eagan feel they have a sense of community. Specifically, 65 percent said yes, 22 percent said no, and 13 percent were in the don't know/refused to answer category. When asked about the things that contribute to this sense of community, 18 percent mentioned community events and activities, 16 percent cited the friendliness of residents, 15 percent indicated schools and educational programs, and the parks and Fourth of July events tied at 12 percent. Rounding out the responses were recreation programs, churches and religious organizations and Eagan's family orientation. 18 S, rr �� Sense Of Community (more) When those who do not think Eagan has a sense of community were asked about what hinders this, 26 percent mentioned the lack of a downtown or central area, 20 percent said the city is too spread out and 13 percent mentioned a lack of community activities. Three other factors --people are too busy, rapid population growth, and having different school districts --were mentioned by 7 percent each. In evaluating the results of this survey, evidence of a sense of community also emerges. There were few close calls on major issues and several major themes emerged. Eagan residents believe the city is on the right course and that it is a good place to live. Eagan residents believe that development in the community has been well planned and has brought benefits. Eagan residents believe that with the limited amount of space remaining for development in Eagan, open space should have a high priority. Eagan residents believe tree preservation and protection of wetlands and water quality are very important. Eagan residents believe that city services rate highly. Eagan residents have a sense of community. 19 Appendix 1 Methodology The intent of this survey of Eagan residents was to gain an understanding of how they perceived the community they live in, their particular likes and dislikes, to learn how they assess city services and to determine how they would like to see their community develop in the future. Working with the department heads of Eagan's city government, the questionnaire was first developed and then refined and trimmed to bring it to more manageable length. It is the strong belief of The Wallace Group that overly long general opinion surveys distort the ultimate result, leading to an imbalance among segments of the population. It is difficult to ask busy people to spend more than 15 minutes on a phone interview. With the non-commercial nature of this survey, which concerned the city in which they live, the rejection rate was below that which might otherwise be experienced. Working with Plasman Compass, also an Eagan firm, on data collection, the final questionnaire was accommodated to computer data tabulation and a random sample was created by computer. Telephone exchanges within the city were selected and, to obtain the last four digits, all possible combinations of two digits were added for the first two digits, with random numbers generated by the computer for the last two digits. The sample frame was then randomized for distribution to interviewers and non -Eagan zip code entries were screened out later, as were businesses since resident views were being sought. /�7 Methodology (more) The survey went into the field on Wednesday, July 24, and all calls were completed by Monday, July 29. Some test calls were made Tuesday, July 23. In an effort to obtain a representative group of respondents, calls were made during evening, daytime and weekend hours. Up to seven calls were made to each number to try and preserve the random selection. The interviews averaged just over 20 minutes in length. Interviewing continued until a base of 250 qualified interviews were obtained. This number provides us with a reasonable level of confidence in the results. With a carefully selected random sample of the entire population and a sample size of 250 completed interviews for this study, it can be concluded that if all the residents of the city were surveyed using the same questionnaire, chances are nearly 19 out of 20 (the confidence level) that the findings would differ from our reported results by no more than about plus or minus 6 percent (the margin of error) in either direction. This confidence level applies to statements regarding Eagan residents as a whole, and not to all of the subsets, such as men and women, those between particular age brackets, or those within certain parameters concerning length of residence. Truly substantial shifts among these groups on issues are required to draw such conclusions with confidence. The dispersion among these groups, however, does guard against imbalance in any particular direction. The Wallace Group wishes to thank Plasman Compass and James Frazee of Frazee Research Associates for their invaluable help on this project. r' D f Agenda Information Memo September 3, 1996 Eagan City Council Meeting NEW BUSINESS A. AMENDMENT, CITY CODE CHAPTER 6.37 AND 10.01 REGARDING THE LICENSING OF CONSTRUCTION DEBRIS HAULERS AND THE STORAGE OF CONSTRI C11 _ DEBRIS ACTION TO BE CONSIDERED: To approve or deny an ordinance amending Eagan City Code, Chapter 6.37 and 10.01, to require licensing of firms hauling construction or demolition debris and amending City requirements for the storage of construction debris, as presented. FACTS: The Solid Waste Abatement Commission, as a part of its overall review of the City's solid waste hauling system has recommended that City licensing requirements be extended to the hauling of demolition debris. The item was previously presented to the City Council in concept and direction was given to prepare the appropriate amendments. ► The commission's investigation of this issue led to a finding that the City's health, safety and welfare would be served by extending the requirements in this regard, especially as the City reaches an infill stage with significant day-to-day public activity occurring around construction activities. The commission also found that such an amendment would raise the level of accountability in areas where the storage or hauling of such materials is observed by the public to create a problem. ISSUES: The Council will wish to determine whether this regulation on business is necessary and appropriate at the present time to protect the public's safety and welfare. ATTACHMENTS: ► Amendment of code section 6.37, (hauler licensing) page -through ► Amendment of code section 10.01 (storage), pages &rthrough j&(.,,, At the direction of the City Council, staff sent a notice of the proposed ordinance amendments to affected parties, specifically, the residential and commercial building contractors who have been active in the City in the past two years as well as current licensed haulers, demolition debris haulers and business representatives. Approximately 700 notices were included. SEM' BY: 8-28-96 ; 13:50 ; SEVERSON SHE DON-* 612 681 4612;# 3I 8 R=95% ORDINANCE NO. 2ND SERIFS Df�GlffQ AN ORDINANCE OF THE CITY OF EAGAN, WIl NESOTA, AMENDING EACrAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATIONS & LICENSINU' BY AMENDING SECTION 6.37 REGARDING GARBAGE, REFUSE & RECYCLING HAULERS; AND 13Y ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan dues ordain: Section 1. Eagan City Code Chapter Six is hineby amended by changing Section 6.37, subd.1. clause B and adding clause K, to read as follows: B. "Other Refuse" means ashes, non -recyclable glass, crockery, cans, paper, boxes, rags and similar non putrescible wastes {does not decay or have foul odor} and car►sttvction or demolition debris, excluding sand, earth, brick, stone and concrete, and trees, tree branches and wood emeept-w prgvided it is stood as firewood. * s s IL "Construction or Demolition Debris" means waste building matejimcka6nand rubble remftmg from constructior>_ remode repair_ and demolition of Section 2. Eagan City Code Chapter Six is hereby amended by Ghm*9 Section 6.37, 5ubd. 2, to read as follows: Subd. 2. License Required. It is unlawful for any person to haul garbage, other refuse, recyclable, yard waste or food waste without a license therefor fiun the City, or to haul garbage, other refuse, or recyclable, yard waste or food waste frama his own residence or business praperty other than herein excepted. For,mmoses of this Section, a license shall be required for h&ujigg construction or demnlWon d�b�fi.Y in cases of hauling for hire or with a motor vehicle that has a ha—Aig capacity of four 4 cubic or Muder 61 2 3780 08-28-96 02:04PM P003 #18 SENT BY: 8-28-86 ; 13:50 SEVERSON SHELDON 612 681 46124 4/ 8 MMIR Section 3. Fagan City Code Chapter Six is hereby amended by changing Section 6.37, Subd. 4, to read as follows: Subd. 4 Hauler Licensee Requirements. A. Hauler licenses shall be ymanted only upon the condition that the i emee have water. i& packer -type vehicles. or in the case of recycling and construction or kmolition debris haulers, appropriate container vehicles in condition to prevent loss in transit of liquid or solid cargo; that the vehicle be kept clean and as free fim offensive odors as possille; and the 'c not eaffffld to be in any street longer than reasonably necessary to collect garbage, other refuse, yard waste or reeyclables. 1. There shall be three four license categories defined by the type of account served: (1) cahnm,ercialhnuldple dwelling, (2) residential dwelling, a4 (3) residend&multiple dwelling recycling, and 44)�:onsttuctianand demolition debris. 6. h shall be the resnonsikiilily of the licensee that die Warne and telephone number of the owner of any and all containers which aro located on a►nd hauled off a construction or demolition site h the licensee benen Affixed to each such container. K Before a garbage, other refuse or recycling hauling license shall be issued, the applicant shall file with the City Clerk - Treasurer the following information evidencimg insurance coverages and amounts from an insurance company authorized to do business within the State of Minnesota and/or a certificate of self insurance pursuant to Minnesota Statutes: Section 4. Eagan City Code Chapter 1 entitled. "General Provisions and Definitions Applicable to the Entire City Cade including 'Penalty for Violation!" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordirianoe shall take effect upon its adoption and publication according to law. R-95% 6 2 •. 2 3780 08-28-96 02:04PM P004 #18 SENT BY: 8-28-96 ; 13:51 ; SEVERSON SHEJ.DON-► 612 681 46124 5/ 8 R-95% ATTEST: By: E. J. 'V'anOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By; Thomas A. Egan Its: Mayor Date Ordinance Published in the Lege[ Newspaper: i �i i 612 432 3780 08-28-96 02:04PM P005 #18 SENT BY: 8-28-96 ; 19:51 ; SEVERSON SHELDON-* 612 681 4612;# 7/ 8 R-94% ORDEYANCE NO. � 2ND SERIES f D� , j AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTTrLED "PUBLIC PROTECTION, CRIMES & OFFENSE" BY AMENDING SECTION 10.01 REGARDING STORAGE, DEPOSrr AND DISPOSAL OF REFUSE; AND BY ADOPTING BY REFERENCE EAGAN CrrY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by amending Section 10.01, subd. 1, clause B and by adding clause L to read as follows: Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: B. "Other Refuse" means ashes, non -recyclable glass, crockery, cans, paper, boxes, rags and similar non-putrescible wastes (does not decay or have foul odor), and construction or demolition debris, excluding saynci, earth, brick, stone and concrete, and trees, tree branches and wood e*eept vAe provided it is stored as firewood. L. "Construction or Demolition Debris" means waste building materials, acka in resulting m cons tion remodeling, repair and demolition of buildings. Section 2. Eagan City Code Chaptcr Ten is hereby amended by changing Section 10.01, Subd. 2, to read as follows: Subd. 2. Storage. E. Notwithstanding anv of the foreg&g�pro &ions of this subdivision it shall be gWawful for aUgerson to -store any construction or demolition j612 432 3780 08-28-96 02:04PM P007 #18 SENT BY, R=94% 8-28-96 ; 13:51 ; SEVERSON SHELDON 612 681 46124 8l 8 _rULV nnu an c4nNMIC-nnn eIIa ftmolltice debris to fmy R...`. �_, ya cubic rds or Hunt shall he stored in a roll -off or dont stet-hiCe conta which is cl srly labeled with the and to hone nWber 9f the container owner, on the constrn tion or dcrgolition site Any and all construction or demolition d2Ws totalis less than four cubicyards shall be stoned in a wire enclos urcor ether temporary enclosure. Section 3, Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation and Section 10,99, 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. L 'VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper. 612 432 3780 08-28-96 02:04PM P008 #18 Agenda Information Memo September 3, 1996 B. STOP SIGN PETITION - DEERWOOD DR ra RIVERTON AVE ACTION FOR COUNCIL CONSIDERATION: To receive the petition for the installation of stop signs on Deerwood Drive @ Riverton Avenue and approve/deny the installation of the request for an all -way stop condition. FACTS: On June 20, 1996, City staff received a petition from 16 property owners as well as a number of officers from the Eagan Police Department requesting the installation of stop signs on Deerwood Drive at its intersection with Riverton Avenue. In response to this petition, City staff performed a detailed traffic study with related research to determine if any of the warrants of the Minnesota Manual On Uniform Traffic Control Devices (MnMLTTCD) were warranted. An evaluation of the information indicates that none of the warrants are met. The petitioning residents have been so informed of the results of this study and the Council's consideration of their petition on September 3. ATTACHMENTS: • Memo from Officer Putt and petition, pages & i and . • Memo from Tom Colbe4too fficer Putt ckn wledging petition, pages �Z and • Traffic study, pageshr u h• Result notification lette,e ' citV of cagan 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 681.4700 TDD: (612) 454-8535 FAX: (612) 681-4738 TO: Arnie Erhart, Superintendent of Streets City of Eagan FROM: Officer Kevin A. Putt, Badge #17 (Patrolman) City of Eagan, Police Department pviice aepuamem PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration & investigation JAMES SEWALD Captain Patrol June 20, 1996 RE: Request for Stop sign placement on Deerwood Drive - at the intersection of Riverton Avenue THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES Clty Administrator E. J. VAN OVERBEKE City Clerk It is a primary objective/function as a police officer with the city, to identify unsafe and/or hazardous traffic conditions that are potentially dangerous. I am trying to be objective and impartial in my concerns, not only as a police officer, but also as a local resident with a vested interest. I reside on Deerwood Drive (1737 Deerwood Drive). The speeds on Deerwood Drive have become unconscionably high. The speed of target vehicles traveling west bound at the intersection of Riverton is, on_ average, over 40 MPA, with high speeds in excess of over 50 MPH. I work radar traffic compliance/enforcement at least once or twice a shift on this roadway. Police patrol presence has no sustained effect on this road. As you are undoubtedly aware, the speed limit is 40 MPH just east of Riverton Ave. (towards the 35E bridge). It turns to 30 MPH, approximately. 150 ft. before reaching Riverton Avenue, for west bound traffic. The greatest cause/concern is the residential neighborhood in the 30 MPH zone (1700 block of Deerwood Drive). It is apparent that Deerwood Drive has become an arterial access route to Towne Centre Shopping Center, 35E, Deerwood Elementary/Blackhawk Middle School, as well as servicing local residents and transient Eagan citizens. There are numerous families that have young children, as well as child day-care residences in this area. I believe we've been very fortunate that there hasn't been a serious injury or fatality in this area. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Afftr/motive tlon Employer f W Page 2 Last fall, Mr. and Mrs. James Lasser, conducted an independent radar traffic survey. We (Police Dept) provided them with a MPH, K-55 Radar unit to facilitate this. Mrs. Lasser's survey findings were very alarming (see attached surveys and average speeds). In closing, I would like to reaffirm my request for stop signs (3 -way) at this intersection. I truly believe they are justified. I have enclosed signed petitions from citizens, neighbors who reside on Deerwood Drive (1700 block) and other Eagan Police Officers who concur with this request. cc: Chief Pat Geagan Captain Rick Swanson James and Joan Lasser Sincerely, Kevin A. Putt, Eagan. Police Officer SIC -NATURE NAME ADDRESS PHONE NO. i /,Pll v I ,< /�-, Ll2ir /-713 tie DY L'7 3 { c r woo 1-2 _! �Z l'a LJ, -r.4 rgrm� lir. yW� z y, *Y'�--3Q37 7L y �- Scrf 30 1-7q-7 6-0 �24V YS -5f- .,f —~zge--'mnL_71p` iYlWO /:a 17i22, 2- -2 17 7 WUNA I UHr- NAME LA 9 Z v k1lL41,kwc Ke DEPAHTMENT sAGA,A i : D . - RAiiZ o L -�*n �� a/450 4, 104 '/4A A� cera, 4 t� c "Q n/ , BADGE. NO. 17 g La 0 a-7 S-7 P r 15,17- a 5,17 - 1!51'7 1 -6o 57 1-2 TO: OFFICE KEVIN A PUTT, POLICE DEPARTMENT FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JUNE 27, 1996 SUBJECT: STOP SIGN PETITION, DEERWOOD DR @ RIVERTON AVE MEMO On June 20, you forwarded a petition from several police officers and residents along Deerwood Drive to Arnie Erhart, Superintendent of Streets, requesting the installation of a stop sign on Deerwood Drive at its intersection with Riverton Avenue. The City Council has directed the Engineering Division to respond to petitions for stop signs by performing a stop sign warrant study. This study consists of 4 basic elements: 1. Traffic volume count 2. Speed survey 3. Restrictive sight distance survey 4. Accident history Upon completion of this staff research report, if any of the warrants identified in the Minnesota Manual On Uniform Traffic Control Devices (MMUTCD) are met, the Council has authorized the City Engineer to install the requested stop signs. The MMUTCD has been adopted by the City Council as the guideline for installation of all traffic control devices to ensure uniformity within our community and enforceability that can be sustained through any subsequent legal challenges. If the stop sign installation cannot meet any of the warrants, your request will be forwarded to the City Council along with the results of the engineering study for their review and possible action. At that time, as the lead petitioner, you will be informed as to when the City Council would formally consider your request to allow you an opportunity to further present your concerns directly to the City Council. While I realize that your petition included some speed survey results, we will be unable to use them as we're not certain as to the location or dates. Also, a new survey will be more timely with the other research elements of the study. Until the Engineering Division is able to complete this study (approximately 6-8 weeks), it would be helpful if you could provide increased enforcement efforts of the current speed limit and provide us with any results that may be helpful in putting together this stop sign petition study. We share your concerns regarding excessive speed in a residential area but want to make sure that we don't introduce another potential safety hazard in addition to or in lieu of the current speeding problem. Please forward all comments and/or pertinent information to Mike Foertsch, Assistant City Engineer, who will be coordinating the preparation of this report. Thanks for bringing this concern to our attention. Hopefully, we will be able to provide a positive response to these concerns. Director of Public Works TAC/jj Attachment: Speed Enforcement Article cc: Arnie Erhart, Superintendent of Streets/Equipment (W/Attach.) Mike f +Oe4tsch, Assistant City Engineer (W/Attach.) -Pat Geagan thief of Police (W/Attach.) Rick Swanson, Police Administration & Investigation Captain (W/Attach James & Joan Lasser, 1713 Deerwood Drive (W/Attach.) �r —city of eagan ENGINEERING DIVISION STOP SIGN INSTALLATION ANALYSIS DEERWOOD DRIVE @ RIVERTON AVENUE Re uestlPetition Information City staff has received a petition signed by 16 property owners as well as 24 Eagan police officers requesting the installation of stop signs on Deerwood Drive at Riverton Avenue. A map showing the location of the petitioning property owners is attached. Existin Conditions • Speed Limit • 30 mph - Deerwood Drive from Blackhawk Road to approximately 150' east of Riverton Avenue • 40 mph - Deerwood Drive from approximately 150' east of Riverton Avenue to Pilot Knob Road • Functional Roadway Classification • Community Collector - Deerwood Drive from Blackhawk Road to Pilot Knob Road - 44' Wide - 2 lane with safety lanes • Local Residential - Riverton Avenue • Existing Traffic Control and Signage • Stop signs are installed on the following residential streets at their intersection with Deerwood Drive: o Horseshoe Circle o Deerwood Trail o Clippers Road • Rocky Lane o Deerwood Townhomes (2 locations proposed) o Murphy Parkway o Riverton Avenue o Deerwood Elementary/Blackhawk Middle School Driveway • 40 mph speed limit signs: • Eastbound on Deerwood Drive just west of Pilot Knob Road • Eastbound on Deerwood Drive just east of Blackhawk Road • 30 mph (When Children Are Present) • Westbound on Deerwood Drive at the easterly property line of the school • Eastbound on Deerwood Drive located at the westerly property line of the school property. • Pedestrian Facilities • 8' bituminous trailway along the north side of Deerwood Drive between Pilot Knob Road and Riverton Avenue • 4' concrete sidewalk along the south side of Deerwood Drive between Blackhawk Road and 7c1 1 Stop Sip Installation Analysis - Deerwood Drive d, Riverton Avenue Pilot Knob Road • Crosswalk Locations on Deerwood Drive o Blackhawk Road o West side of Rocky Lane at the School entrance o Advanced crosswalk signage as well as signage at the crosswalk is installed on both eastbound and westbound Deerwood Drive * Adjacent Land Uses Land uses adjacent to Deerwood Drive between Pilot Knob and Blackhawk Road are residential and open space with the exception of the Deerwood Elementary/Blackhawk Middle School property. East of I -35E, the residential individual driveway access to Deerwood Drive is limited to two driveway locations. Deerwood Drive west of I -35E is more local residential in character with a number of individual residential driveways which access Deerwood Drive directly. This is the area where the posted speed limit is 30 mph. MnMUTCD Warrant Analysis/ITE Reference(s) The MnMUTCD identified specific warrants which must be met before a stop condition should be introduced at the intersection of two roadways. They are as follows: • The intersection of a lower classified street with a higher classified street where the application of a normal right-of-way rule is unduly hazardous. • Street entering a through highway or street • Unsignalized intersection in a signalized area • Other intersections where a combination of high speed, restricted view and serious accident records indicate a need for control by a stop sign. A serious accident record is indicated by five or more reported accidents within a 12 -month period. A "multi -way" stop condition as requested in this petition is warranted given the following conditions. • Where traffic signals are warranted and urgently needed, the multi -way stop serves as an interim measure. An accident problem as indicated by five or more reported accidents in a 12 -month period of a type susceptible to correction by a multi -way stop installation. Minimum traffic volumes: a. The total vehicular volume entering an intersection must average at least 500 vehicles per hours for any eights hours of an average day and, b. The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same eight hours with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but, c. When the 85th percentile approach speed of the major street traffic exceeds 40 mph, the minimum vehicular volume warrant is 70% of the above requirements. In addition to the specific warrants listed above, the MnMUTCD contains the following general references to stop signs installations. Stop signs should not be used for speed control A "multi -way" stop installation should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal. 2 ,7� Stop Sip Installation Analysis - Deerwood Drive ; & Riverton Avenue * Accident Analysis There were no reported accidents within the last two years • Speed Study A speed study was performed on July 15 and 16, 1996, between the hours of 6:00 -8:00 a.m. and 4:00 - 6:00 p.m. Results of the speed study indicate that 1,870 speeds were checked. Of the 1,870 speeds observed, 1,670 vehicles exceeded the 30 mph posted speed limit within the section of Deerwood Drive located west of I -35E. The highest recorded speed was 58 mph. All vehicles checked for speed were traveling either east or westbound on Deerwood Drive. The 85th percentile speed calculated at this location is 42 mph. The 50th percentile speed calculated is 37 mph. SPEED STUDY ANALYSIS SUMMARY Speed (MPIT) Observations Less Than 31 201 31-35 572 36-40 634 41-45 353 46-50 91 Greater than 50 16 Traffic Counts On July 8 - 11 and also on July 17, 48-hour traffic counts were taken at this intersection. The following traffic volumes were recorded reduced to a 24-hour ADT. Deerwood Drive west to Riverton Avenue - 3,848 vehicles Riverton Avenue north of Deerwood Drive - 865 vehicles • Deerwood Drive east of Riverton. Avenue - 4,047 vehicles Sight Distance Analysis At Riverton Avenue, the clear sight distance west on Deerwood Drive is 690' and east along Deerwood Drive is 995'. Attached is the ITE reference for minimum required stopping sight distances. Conclusions/Recommendation After evaluating the information and characteristics of the roadways associated with this request, the warrants established in the MnMUTCD for the installation of a multi -way stop condition are not met. The existing stop sign locations are inconformance with MnMUTCD criteria. tnfoation Prepared —By - Assistant City ngmeer Date: MPF/jj Attachments: Petitioners ITE SPOPSIGNIMpdeer.ma/b NOLa3AIN i I I �I II �I II ml I_j u R 0 #I r` C I I I i s - � n #I r` n 0 ISI, o _z - z�- o i— #I II LO — — —3AB" N01N3AIN _ - =I 1 � li �I it I l I I I ! IQI IWI IV) I I I I i J z N I I I I I I I I i�l I0 IQI IWI 00 ,,t- Ln f t oo CO O I z 00 ! r I f f I II LO — — —3AB" N01N3AIN _ - =I 1 � li �I it I l I I I ! IQI IWI IV) I I I I i J z N I I I I I I I I i�l I0 IQI IWI x z o � I I IIL I I� I s I q a d R 8 C� D J Q z R 8 C� D n �z� I O Qf 1 i rr", I I I I o I� c I I O I 3 i O LL c I I o I I L61 I co I IQ I I J I U.J I I N I �C U I � I II I I I I ----------- 109, --7 1J1 - s I ICA: I I - - I I - = LA 29 E o O O O `F o IL I � I �C U I � I Ij I I I I ----------- 109, --7 1J1 - s I ICA: I I - - I I - = LA 29 E o O O O `F n'1 O � M Ti, V u"0.2 i+ v:0 G 5 r O U w') o o O %n O %n O O %n o Nv�O%n 0r-wl, N N M!f !t V7 � n f70 I I I I I I 1 1 1 1 1 �nOO�n�n�nOOv'sO�n NV)0NnNp nN%1fV NNNMIRT qr VINE n. %mr- v M n—=Woo %C VII O p M N— n MI'll o V— —NMM� tn�pn00 I I i l l l l l l l l nv�e�n0I-qr0% v �D00rt: �oo*.CN—O�[�� OMh—�D—nMO�— ---NNMMlt v'1 V'1 �D M O O n 1 n n o o— 0 0\ C M M le %n 0 %D n n %D M %n M Mv'lOON\D— nM—fiOfiD r'�f Y1f� 1 I NNM�� V1 MO��CO—OfIof+n O^n—v1—tT0 0w V1l C14—OO o1, 01,oo ltMMMMMMMNNN 00000000000 M n O M n Q M n O M r -- C-4 N N N r„��nMOnMQnrn n 00 CN n N �Dv� D O— N cq N N N N N N N N N N N O H O wl� O In O wl� 0 %n O NNMM���nv1�D�pr I I I I I I I I I 1 1 OC OON�CO�CON �noG NNNMMvqtr IrN hwl'S O VI) 0%n0kn0%nO4nO N N M M C !f Vy V11%C %O n city of eagan The City has completed the analysis required for the installation of stop signs on Deerwood Drive at its intersection with Riverton Avenue as identified in your June 20, 1996, petition. City staff s analysis of the intersection is based on criteria established in the Minnesota Manual On Uniform Traffic Control Devices (1%1nM[7TCD). Stop sign installation warrants as identified in the MmMUTCD were not satisfied. Therefore, City staff cannot administratively authorize the installation of an all -way stop condition as requested. Since the warrants were not satisfied, the City Council will consider your request for an ail -way stop condition at the September 3, 1996, City Council meeting. If you wish to address the City Council, the meeting is held in the Council Chambers of the first floor of City Hall located at 3830 Pilot Knob Road. Discussion of business items on the City Council agenda begin at 7:00 p.m. If you have any questions or need additional information, please contact the Engineering Division at 681-4646. Sin rely, Michael P. Foertsch, P.E./L.S. Assistant City Engineer 1%0F/jj cc: Mayor & City Council c/o Tom Hedges, City Administrator Tom Colbert, Director of Public Works Arnie Erhart, Superintendent of Streets/Equipment Rick Swanson, Eagan Police Department 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/Affirmctive(ct E player MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681.4300 FAX: (612) 681-4360 TDD: (61 2) 454.8535 THOMAS EGAN Mayor August 27, 1996 PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members Re: Stop Sign Installation - Deerwood Drive Z. Riverton Avenue THOMAS HEDGES City Administrator Dear Petitioner: E.J. VAN OVERBEKE City Clerk The City has completed the analysis required for the installation of stop signs on Deerwood Drive at its intersection with Riverton Avenue as identified in your June 20, 1996, petition. City staff s analysis of the intersection is based on criteria established in the Minnesota Manual On Uniform Traffic Control Devices (1%1nM[7TCD). Stop sign installation warrants as identified in the MmMUTCD were not satisfied. Therefore, City staff cannot administratively authorize the installation of an all -way stop condition as requested. Since the warrants were not satisfied, the City Council will consider your request for an ail -way stop condition at the September 3, 1996, City Council meeting. If you wish to address the City Council, the meeting is held in the Council Chambers of the first floor of City Hall located at 3830 Pilot Knob Road. Discussion of business items on the City Council agenda begin at 7:00 p.m. If you have any questions or need additional information, please contact the Engineering Division at 681-4646. Sin rely, Michael P. Foertsch, P.E./L.S. Assistant City Engineer 1%0F/jj cc: Mayor & City Council c/o Tom Hedges, City Administrator Tom Colbert, Director of Public Works Arnie Erhart, Superintendent of Streets/Equipment Rick Swanson, Eagan Police Department 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/Affirmctive(ct E player MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681.4300 FAX: (612) 681-4360 TDD: (61 2) 454.8535 Agenda Information Memo September 3, 1996 C. STOP SIGN PETITION - WILDERNESS CURVE & WILDERNESS LN ACTION FOR COUNCIL CONSIDERATION: To receive the petition for an all -way stop condition at the intersection of Wilderness Curve and Wilderness Lane and approve/deny the installation of the requested stop signs. FACTS: On June 17, 1996, City staff received a petition from 6 property owners requesting the installation of stop signs at the intersection of Wilderness Curve and Wilderness Lane. In response to this petition, City staff performed a traffic study with related research to determine if any of the warrants of the Minnesota Manual On Uniform Traffic Control Devices (MnMUTCD) were warranted. An evaluation of the information indicates that none of the warrants are met. All residents have been so informed of the results of the study and the Council's consideration of their petition on September 3. ATTACHMENTS: • Letter and petition, pages L Q /through • City staff letter acknowle ging r eiptof oetition, page. • Traffic study, pages thro gh 3. • Result notification letter, page 4471/4�� 5/22/96 Mr. Mike Foertsch, Assistant City Engineer City of Eagan 3830 Pilot Knob Rd. Eagan, Mn. 55122 Dear Mr. Foertsch, This letter is intended to alert your office to a traffic problem on Wilderness Curve. Increasingly over the past two years, there has been violations of the speed limit between Wilderness Run Drive and Ches Mar Drive. These speed violations are frequent and often quite serious with speeds sometimes in excess of fifty miles per hour. For many drivers, Ches Mar to Wilderness Curve to Wilderness Run Drive is a short cut between Cliff Road and Wilderness Run Road. The stop signs at the corners of Wilderness Curve with Ches Mar on one end, and Wilderness Run Drive on the other, are not sufficient to deter drivers from speeding down, and then back up the hilly slope of Wilderness Curve where it intersects with Wilderness Lane. This intersection is at the bottom of hills on both sides, and drivers pick-up a great deal of speed as they go through this intersection. We feel that this could be controlled with the addition of 3 - way stop signs at the corner of Wilderness Curve and Wilderness Lane. The intersection of Wilderness Curve and Wilderness Lane is a school bus stop. Children gather there fifteen minutes before the bus pick up. They are exposed to the dangers of these excessive speeds on a daily basis throughout the school year. Left as it is, this situation holds serious potential for pedestrian injury. Many small children live nearby this intersection and there has already been a number of "close calls". We urge you to control this dangerous situation so that we as a community may be proactive in the prevention of a serious accident. Attached is a list of signatures which will help you assess the neighborhood's desire for immediate mitigation of this problem. Please contact me at 688-3098 to inform me of your review of this situation. Sincerely, David Penn 1314 Wilderness Curve cc: Mr. Tom Egan Mr. Tom Colbert S,5 5/22/96 We the undersigned urge the City of Eagan to take immediate action to protect our safety from the unintended traffic flow and the associated excessive speeds described in the attached letter: 1GQ /--?/�d��Kead C '- � U 2. _ ..�� 3r. 3. 4. Cti`z5. .0 Ar C L; 6. 1 7. 8. i � r 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. city of eagan July 8, 1996 THOMAS EGAN Mayor PATRICIA AWADA MR DAVID PENN SHAWN HUNTER SANDRA A. MASIN 1314 WILDERNESS CURVE THEODORE WACHTER Council Memoers EAGAN MN 55122 THOMAS HEDGES City AdministraTor Re: Stop Sign Installation - Wilderness Curve & Wilderness Lane E. J. VAN OVERBEKE City Clerk Dear Mr. Penn: On May 22,1996, we received your letter and attached petition requesting a stop sign installation at the intersection of Wilderness Curve and Wilderness Lane. We understand your concerns, and the City's Engineering Division will initiate studies necessary to determine whether this installation will meet the warrants as identified in the State of Minnesota's Manual On Uniform Traffic Control Devices (MMUTCD). The Eagan City Council has adopted the referenced manual as a wide to ensure that regulatory sign placement within our community is uniform and consistent. This study will consist of the following four elements: Traffic volume count 2. Speed study 3. Restrictive sight distance survey 4. Accident history Once this study has been completed, if any of the warrants have been met, the City Engineer will authorize the installation of the requested stop signs. If none of the warrants can be satisfied, the installation of stop signs at this location can only be authorized by official City Council action. It is anticipated that we will be able to complete this study within 4-6 weeks. At that time, you will be informed of the results of the study and the status of your request. If you have any questions regarding this study, please feel free to contact me at 681-4646. We look forward to being able to respond to your request in the near future. Sincerely, cc: Tom Colbert, Director of Public Works Mike Foertsch, Assistant City Engineer Arnie Erhart, Superintendent of Streets/Equipment Rick Swanson, Police Department Stan Lexvold Construction Supervisor SL/jj Enclosure: Petition 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 T EE THE SYMBOL OF STRENGTI) AND G�1 OUR C Equal Opportunity/Affirmfi A on - loyer 4 MAINTENANCE FACILITY MUNITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681.4300 FAX: (612)681.4360 TDD: (612) -'54.8535 ENGINEERING DIVISIOt —city of eagan STOP SIGN INSTALLATION ANALYSIS WILDERNESS CURVE & WILDERNESS LANE Renuest/Petition Information City staff has received a petition signed by 6 property owners requesting the installation of stop signs at the intersection of Wilderness Curve and Wilderness Lane. A map showing the location of the petitioning property owners is attached. Existing Conditions • Speed Limit • 30 mph • Functional Roadway Classification • Local Residential • Existing Traffic Control and Signage • Stop signs are installed on the following residential streets: • Ches Mar Drive at Wilderness Curve o Wilderness Curve at Wilderness Run Drive • 30 mph • Northbound on Ches Mar Drive at Cliff Road • Southbound on Wilderness Run Drive at Wilderness Run Road • Pedestrian Facilities - None • Adjacent Land Uses - All Single Family Residential MnMUTCD Warrant Analvsis/ITE Reference(s) The MnMUTCD identified specific warrants which must be met before a stop condition should be introduced at the intersection of two roadways. They are as follows: • The intersection of a lower classified street with a higher classified street where the application of a normal right-of-way rule is unduly hazardous. • Street entering a through highway or street • Unsignalized intersection in a signalized area • Other intersections where a combination of high speed, restricted view and serious accident records indicate a need for control by a stop sign. A serious accident record is indicated by five or more reported accidents within a 12 -month period. A "multi -way" stop condition as requested in this petition is warranted given the following conditions. • Where traffic signals are warranted and urgently needed, the multi -way stop serves as an interim measure. An accident problem as indicated by five or more reported accidents in a 12 -month period of a type susceptible to correction by a multi -way stop installation. Stop Sign Installation Analysis - Wilderness Curve & Wilderness Lane Minimum traffic volumes: a. The total vehicular volume entering an intersection must average at least 500 vehicles per hours for any eights hours of an average day and, b. The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same eight hours with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but, c. When the 85th percentile approach speed of the major street traffic exceeds 40 mph, the minimum vehicular volume warrant is 70% of the above requirements. In addition to the specific warrants listed above, the MnMUTCD contains the following general references to stop signs installations. Stop signs should not be used for speed control A "multi -way" stop installation should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal. • Accident Analysis There were no reported accidents within the last two years • Speed Study A speed study was performed on July 24 and 25, 1996, between the hours of 6:00 - 8:00 a.m. and 4:00 - 6:00 p.m. Results of the speed study indicate that 250 speeds were checked. Of the 250 speeds observed, 5 vehicles exceeded the 30 mph speed limit. The highest recorded speed was 40 mph. All vehicles checked for speed were traveling either north or southbound on Wilderness Curve. The 85th percentile speed calculated at this location is 29 mph. The 50th percentile speed calculated is 25 mph. SPEED STUDY ANALYSIS SUMMARY Speed (MPH) Observations Less Than 21 30 21-25 109 26-30 86 31-35 22 Greater than 35 3 • Traffic Counts On July 24 - 25, 48-hour traffic counts were taken at this intersection. The following traffic volumes were recorded reduced to a 24-hour ADT • Wilderness Curve north of Wilderness Lane - 793 vehicles • Wilderness Curve south of Wilderness Lane - 504 vehicles • Wilderness Lane - 134 vehicles • Sight Distance Analysis At Wilderness Lane, the clear sight distance north on Wilderness Curve is 285' and south along Wilderness Curve is 205'. Attached is the ITE reference for minimum required stopping sight distances. Stop Sign Installation Analysis - Wilderness Curve & Wilderness Lane Conclusions/Recommendation After evaluating the information and characteristics of the roadways associated with this request, the warrants established in the MnMUTCD for the installation of a multi -way stop condition are not met. The minimum stopping sight distances for a 30 MPH speed limit as identified on the attached reference is 200'. These minimums are satisfied but these may be justification for pursuing other types of warning signage, i.e., Winding Road Sign, Hill Sign, Side Road Sign, or Speed Limit Reduction. The placement of a stop condition on Wilderness Lane would reinforce the State Statute which requires the intersecting leg of a "T" intersection to yield to the through movement. Information Prepared By: Assistant City Engineer Date: MPF/jj Attachments: Petitioners ITE nOPSIGN/stopwild.ena/jj ( P f l s LJ < Q / I I z W V) o i = � Cn / �• � � WW1 � � � a _ >> Z z I I 2D t 4 x w �i Z w 0- -- C f I �� - — �•1D � � II II !— � � C <( — vua�IA, Z a I> 2 I t z z 0� z� I w w z e � \ •ISI 1 - /�/ � n `� 1 U r- r I e Q \ \ « INI « 4 U.1 I — n w 71 LLI CL I « _ ao 8d 53PF— _ LLI N - ISI P e Z Icl g IV)r - W O Izf _ a Vn8 SS3N830lIM , I < cli /01 L) 1 ' � LL J na ss3N2�3o-u ISI � t 11 N I �( Z Izl e � _ W U T IZI s Nna 553►v�3Q�iM 3( I F 33NO 1 Z C� N a 0 V) 0 z , q - N o W C <mU z W 0 U I ILL o I { e _ N Q e na SS3yw3a-m — I>i _ wI T j I z, f Nna SS3N83011M 3I --- j z G H J z O W ti L z ► z V C w xLLI r C LLJ L w - /�� � cn / {/ I 3 L) ' " z a i i 0 z n a C y 4 U RlDGEv ff m '0 0p 96 ,�•y NM1Ov1N0f-inV1N V- ^ C4C4Mqrqr vy%D1�W D C C cam. I I I 1 I I I 1 1 I I a ��... V1pQNV1V'�OOv10�n H HO �•, =V'1QN [ANO V1N V'1N C _ C��D—NNNM�ef vfh� ` 0 4.r Z � OD = t6 C G t� n1l of Mr%-0000OO 3 �D%0%n00MN-rl-mIT0 'G 4% Oer v„t-Oo�D") ") rq IT t a h NMMv�r�oo 0o O a I I I— 1 1 1 1 1 I 1 I w 1�v1M1+Ot��O�nv- U o0 1� 1� 1� oo �o N — aN O^1�—�D-1�MOef— eo -NNMM�t V1N�p In r... O C O pp U = O Ytv �.:� MO�et00—COOt�v1 E m0 C en V-) �OviN V' %6610 D OMt�—v1—v0 G v .r U '4. V O V .� ; 0W V'»O,00 d+ 0000=>=> o h o� a V D � h 7 _ QL' U r+p -N!t BOG^NMv� C C I I-- - - - N N N N II I i 'v 'pv C1 r C C_ v �v���v-�hvlv,anhvl V) Q U fw CJ v. u�._�^ � NO�+O�npv1 O�O�nO G NMMlf ih.m f V)%D r- ,7 I 1 I I I I I I I I I V: y E OQ 00 est100'.70oN V100 1= .7 h G D v < U > ca C= U 6) n'7• V rr d eoa0i= Ov10inOV1pv1OV10 .� CJ NNMMqref V"� V-1 V%D1- y C August 26, 1996 Re: Stop Sign Installation - Wilderness Curve & Wilderness Lane y Dear Petitioner: The City has completed the analysis required for the installation of an all -way stop condition at the intersection of Wilderness Curve and Wilderness Lane as identified in your May 22, 1996, petition. City staff has completed the detailed analysis of the intersection based on criteria established in the Minnesota Manual On Uniform Traffic Control Devices (MMUTCD). Stop sign installation warrants as identified in the M[MUTCD were not satisfied. Therefore, City staff cannot authorize the installation of an all -way stop condition as requested. Since the warrants were not satisfied, the City Council will consider your request for an all -way stop condition at the September 3, 1996, City Council meeting. If you wish to address the City Council, the meeting is held in the Council Chambers of the first floor of City Hall located at 3830 Pilot Knob Road. Discussion of business items on the City Council agenda begin at 7:00 p.m. If you have any questions or need additional information, please contact the Engineering Division at 681-4646. Sincerely, i Michael P. Foertsch, P.E.%I.. S. Assistant City Engineer MPF/jj cc: Mayor & City Council c/o Tom Hedges, City Administrator Tom Colbert, Director of Public Works Arnie Erhart, Superintendent of Streets/Equipment Rick Swanson, Eagan Police Department Agenda Information Memo September 3, 1996 Eagan City Council Meeting D. CONDITIONAL USE PERMIT - MARDELANN ADDITION (CITI-CARGO STORAGE CO. INC.) ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit for Citi -Cargo Storage Company to allow storage of up to 145 semi -trailers as a'principal use on Outlot B, Mardelann Addition, located north of Blackhawk Road, south of Yankee Drive and west of Trunk Highway 13. FACTS: • At the July 23, 1996 Advisory Planning Commission meeting, the applicant agreed to continue the public hearing for this item in order to provide additional information to the Commission regarding the amount of storage and proposed screening. • The applicant has provided revised plans that delineate storage for 145 trailers. The storage area itself has been pulled back 210' at the nearest point from the north property line, or Yankee Drive • The applicant has provided a landscape plan showing a combined total of forty seven 6-8' tall evergreen trees to provide a visual screen from Yankee Drive for this storage area. • The continued public hearing was closed at the August 27, 1996 Planning Commission meeting. The Commission has recommended denial of the Conditional Use Permit. ISSUES: Representatives of Blue Cross/Blue Shield of Minnesota and R.L. Johnson Company, Owners of office space in the vicinity, have stated their opposition to the proposed storage as being inconsistent with the area and aesthetically unpleasing to traffic to and from the offices in this area located west of Highway 13 and south of Yankee Doodle Road. Concerns raised by the Commission included the possibility of the storage continuing indefinitely and the fact that storage of trailers would dwarf the principal use of the site (Citi - Cargo and All State Leasing offices). BACKGROUND/ATTACHMENTS (4) APC Minutes dated August 27, 1996, pag*thjrouo)�L� through IV APC Minutes dated 23, 1996, pa es Staff Report, pages JulZ!51 ug� August 27, 1996 letter from Blue Cross/Blue Shield of MN., page August 29, 1996 letter from Larson Companies, pag throughG� MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION �u %' 3 EAGAN, MINNESOTA AUGUST 27, 1996 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 27, 1996, at 6:30 p.m. at the Eagan Municipal Center. Present were Chairman Miller Members Heyl, Isberg, Segal and Frank. Absent was Burdorf, Richards and Alternate Schindle. Also present were Senior Planner Mike Ridley, Senior Planner Lisa Freese, Planner Julie Farnham, Associate Planner Steve Dorgan, Design Development Engineer John Gorder and City Attorney Mike Dougherty. OLD BUSINESS CONDITIONAL USE PERMIT CTTI-CARGO STORAGE CO., INC. Chairman Miller opened the first public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of semi -trailers as a principal use on Outlot B, Mardelann Addition located north of Blackhawk Road, south of Yankee Drive and west of Trunk Highway No. 13 in the N'/Z of Section 17. Chairman Miller noted the letter from Sharon Zauhar of Blue Cross/Blue Shield objecting to the requested Conditional Use Permit. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in his Memorandum dated August 21, 1996 and the City staff planning report dated July 17, 1996. Mr. Ridley highlighted the background and history, existing conditions and surrounding uses of the subject property. Mr. Ridley noted that this item was heard by the Advisory Planning Commission at its July, 1996 meeting, at which the applicant agreed to continue the public hearing in order to provide clarification on the 1 q T--- 7777' Page 2 August 26, 1996 ADVISORY PLANNING CONIlvIISSION amount and location of the proposed trailer storage on proposed Outlot B, Mardelann Addition. Mr. Ridley advised that the applicant's proposed plan has been revised to delineate parking for 145 trailers, moving the storage area back 210 feet from the north property line abutting Yankee Drive, and providing a combined total of 47 six to eight feet tall evergreen trees to provide a visual screen from Yankee Drive. A representative of Citi -Cargo stated that the applicant has revised its plans to address the concerns expressed by the APC at the July, 1996 meeting. He stated that the applicant, as suggested by the APC, has proposed additional landscaping to address the concern of visibility, as well as decrease the size or volume of trailers to be stored from 150 down to 145. The applicant's representative also stated that the proposed use is compatible with the area in which a number of transportation related businesses exist. Member Isberg inquired with the applicant's representative as to how the City can be assured that the proposed use is only temporary pending the applicant's development of the property, in light of the fact that a conditional use permit is a permanent approval for the use. The applicant's representative stated that the City can only take their word that it will be temporary and that they will develop the property. John Finn of R.L. Johnson Company stated that he opposed the application for the same reasons stated at the July, 1996 APC meeting. Mr. Finn added that while the applicant addressed some of the visibility problem, a lack of screening will exist along the southeast comer to the south property line. Mr. Finn also expressed concern regarding a problem of dust as a result of the proposed non -paved surface. Chairman Miller stated that to alleviate any problem with dust, it is appropriate to require the applicant, as required by City Code, to have an impervious surface for the storage area. The applicant's representative advised the APC that it intends to use a Class V base with a topping of reconstituted concrete or blacktop millings for the surface area. The applicant added that there is no impervious surface on the adjacent property and they have received no complaints regarding dust. In response to Member Isberg's inquiry, the applicant's representative stated that the applicant would consent to a condition that the storage area will be surfaced within five years if the site is not developed. The applicant's representative also stated that all vehicles stored on the lot will be operable and used vehicles. Member Frank stated that he is in support of a conditional use permit if the applicant consents to adding additional landscaping to screen the entire lot, in addition to a three-year limit to surface the lot. Member Isberg concurred. Member Heyl suggested that a specific date be set, suggesting December 31, 1999, as a deadline to surface the lot. Member Miller added that with respect to a landscape condition the landscaping must include non -deciduous trees. Member Segal stated that despite the applicant's revisions, his concerns still exist, noting that the storage of five less trailers is not a significant q � Page 3 -- August 26, 1996 71 -= ADVISORY PLANNING CONMSSION decrease and the proposed use overshadows the primary use on the adjacent property which is inconsistent with the intent of the ordinance. Chairman Miller concurred. The applicant's representative stated that while the adjacent property was approved for the storage of 135 trailers, the applicant is able to practically store only 60 to 70 trailers. Member Segal moved, Member Isberg seconded, a motion to recommend denial of the Conditional Use Permit to allow outdoor storage of semi -trailers as a principal use on Outlot B, Mardelann Addition located north of Blackhawk Road, south of Yankee Drive and west of Trunk Highway No. 13 in the N'h of Section 17, on the grounds that the proposed use is not compatible with the adjacent properties and the proposed use is larger than the primary use on the adjacent property thus not in accordance with the City ordinance. Member Heyl stated that she is in support of the proposed use and that the property is zoned industrial and while the adjacent neighbors are not totally compatible, all other uses in the area are compatible with the proposed use. Member Heyl added that the a full landscaping around the site will screen the use and with a three-year paving requirement, all concerns that the Commission expressed will be eliminated. Member Heyl concluded that the proposed use is no different than what the City has already approved for the adjacent property. All approved in favor with the revised condition, except Members Heyl and Frank. 1. Outlot B, Mardelann Addition shall be combined with Lot 1, Block 1, Mardelann Addition at the Dakota County Auditors office within 60 days of Council approval. 2: The applicant shall record the Conditional Use Permit at the Dakota County Recorders office within 60 days of Council approval. 3. No further development can occur on either Outlot of the Mardelann Addition prior to successfully completing the subdivision procedure. 4. The Conditional Use Permit shall terminate upon the development of Outlot B or upon termination of the principal use on Lot 1, Block 1, Mardelann Addition, whichever comes first. 5. The applicant shall provide the City information regarding the visibility of the proposed storage particularly as it relates to views from the north and from Yankee Drive. 6. A landscape and screening plan providing for coniferous trees shall be submitted for review and approval by City staff prior to the City releasing this CUP for recording at Dakota County. Page 4 August 26, 1996 ADVISORY PLANNING COM1vHSSION 7. The applicant shall have wetland areas delineated and incorporated on a revised Grading Plan. S. The applicant should provide an on-site pond for treatment of storm water designed to meet full treatment requirements (37 acres at the normal water level, a minimum wet volume and mean depth of 1.1 acre-feet and three feet respectively). The design of the pond shall comply with the City's Standards fqr Detention Basin Design. 9. Access to the storage area is not allowed from Yankee Drive. 10. All outdoor storage areas shall occur on paved surfaces with proper curb and gutter no later than June 1, 2000. Chairman Miller noted that the recommended conditions of approval were being provided should the City Council approve this permit. MINUTES OF A REGULAR MEETING OF THE EAGAIN ADVISORY PLANNING COMMISSION EAGAIN, MINI TNESOTA JULY 23, 1996 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 23, 1996,+ at 6:30 p.m. at the Eagan Municipal Center. Present were Chairman Miller Members Burdorf, Hevl. Isberg, Segal, Richards and Frank. Also present were Senior Planner Mike Ridley, Senior Planner Lisa Freese, Planner Julie Farnham. Associate Planner Steve Dorgan. Development Design Engineer John Gorder and City Attorney Mike Dougherty. AGENDA Chairman Miller moved, Member Heyl seconded, a motion to approve the Agenda. All present voted in favor. MINUTES Member Heyl moved, Member Segal seconded, a motion to approve the June 2-, 1996, Advisory Planning Commission minutes with the following revisions: (1) Page 4. second paragraph, the fourth sentence should read "Ms. Farnham also noted there was several areas of concern that the City staff believed deviated from the Preliminary Planned Development Agreement submitted by Opus; (2) Page 6, paragraph 5, first sentence should read "Planner Freese indicated that staff would like clarification as to when a building permit is needed for tenants and also that safety concerns of the fire marshal would be addressed"; (3) Page 9, final sentence should include "to reconvene at a special workshop immediately following adjournment. All present voted in favor. VISITORS TO BE HEARD There were no visitors to be heard. PUBLIC HEARINGS CONDITIONAL USE PERMIT CITI-CARGO STORAGE CO., INC. Chairman Miller opened the first public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of semi -trailers as a principal use on Outlot B, Mardelann Addition located north of Blackhawk Road, south of Yankee Drive and west of Trunk Highway No. 13 in the N1/. of Section 17. Rwe July 23. 1996 ADVISORY PLA NNG CON IISSION Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated July 17, 1996. 1/1r. Ridlev noted the background and history, the existing conditions and the surrounding uses of the subject property. Planner Ridley further indicated that the applicant intends on excavating 3 of the 12 acres on the subject parcel and that the proposed use appears compatible with the applicant's existing use. Senior Planner Ridley noted issues concerning the water quality and set runoff together with the proximity of the river which requires the applicant to provide ponding. Planner Ridley summarized his presentation by noting that the applicant intends to develop the site in phases over an unspecified period of time and therefore sees the storage as essentially a temporary use, however. that visibility of the items to be stored needs to be clarified and appropriate screening should be provided. Chairman ✓filler questioned whether Outlot A was improved and whether a time frame had been previously established. Senior Planner Ridley responded that it was not at this time, however, improvements to Outlot A were tied to the development of Outlot B. The applicant was present and offered various photographs depicting the subject property. The applicant further indicated that the trailer fleet is predominately used for storage and as a result there should not be an adverse impact on traffic and/or dust venerated from tractors moving trailers to and from the site. The applicant addressed concerns relating to the wetlands and indicated that a grading permit had been issued. Member Burdorf requested the applicant to describe any concerns he had with issue seven concerning the requirement that the applicant have wetland areas delineated and incorporated on a revised grading plan. Chairman ✓filler asked the applicant whether the issues addressed in item number 6 concerning a landscape and screening plan being submitted presented any problems to the applicant to which the applicant indicated his acquiescence to the landscaping and screening requirement. John Finn, a representative of RL Johnson Company which adjoins the subject property was present and indicated RL Johnson's opposition to the proposed conditional use permit. Mfr. Finn indicated that RL Johnson Company is concerned from a visibility standpoint with the visible trailer storage coming from and going to the property it would observe. Mr. Finn urged the Advisory Planning Commission to require more elaborate screening to help alleviate dust and visibility concerns and indicated he was skeptical whether mature trees and landscaping would address these issues. Sharon Zauhar, a representative of Blue Cross/Blue Shield, was also present and indicated Blue Cross/Blue Shield's concern that use as a storage parking site is not compatible with the surrounding area. Blue Cross/Blue Shield also had a concern regarding ground water contamination and a concern regarding what time frame was being contemplated and whether a commitment to begin construction of a warehouse could be imposed. Mr. Ridley opined that oil or runoff would come off any surface P•i,e ; July 23. 1996 ADVISORY PLANNIIv'G COMMISSION constructed but that City staff believed the ponding area should adequately collect and hold particulates before the runoff leaves the site. Larry Realm, a resident of the area, questioned whether the City had conducted a traffic study and whether it is clear what materials will be stored in the trailers. The applicant addressed the concerns of the neighboring property owners and indicated that the applicant investigates its storage users before renting a trailer. The applicant further indicated that the trailers generally store constLmer goods and do not contain any contaminating materials. The applicant further indicated that most of the trailers contemplated to be stored on the subject property would be empty in that the applicant typically rents the trailers to be stored on its customers property. With respect to the concerns regarding increased traffic in the area. the applicant indicated that although a number of trailers would be proposed, there are only 15 tractors which would move the trailers from time -to -time. Member Burdorf questioned the applicant regarding what size trees would be proposed for the landscape and screening plan. The applicant indicated that it planned a combination of willow -type trees starting at approximately eight feet and pine trees at approximately 12 feet, but that no bernung is being considered because of the steep grade. Member Isberg questioned how many trailers the applicant anticipated having parked on the subject property. The applicant responded by indicating that in the ideal situation, no trailers would be on the subject property as all would be rented and stored on the customer's property. However, the applicant indicated that it anticipated that the largest volume of trailer storage would occur during the month of January which could approach a maximum of 150 trailers being stored on the property. The .applicant further addressed the Commission's concerns regarding staging and timeline for construction of a warehouse. The applicant indicated that he currently hopes to commence construction on the first warehouse building within 18 to 24 months. Member Segal expressed concern with the amount of space being proposed for use primarily as a parking facility and questioned whether the size of the proposed storage site could not be limited to roughly one-half of Oudot B. In response to the concems of the Commission regarding imposition of any timeline, City Attorney Dougherty noted that the conditional use permit runs with the land and that a time frame would not be an appropriate requirement, however, Mr. Dougherty noted that a quasi time limit is built into the ordinance and if a warehouse is built or if the dominant parcel use changes, the conditional use permit would terminate, but in all other cases would run as long as the applicant was in compliance with any conditional use permit conditions. �v / Page 4 July 23, 1996 ADVISORY PLANNING COMNQSSION Member Isberg indicated his concern that the City would have no ability to impose a time limit or revoke the conditional use permit if the construction of the warehouse did not occur. Member Segal noted a concern with respect to potential over use of the outdoor storage and the possibility that outdoor storage would overshadow the primary use of the property. Member Frank suggested that the applicant consider cutting down use of the outdoor storage to one-third of Outlot B and provide a greater buffer. The applicant indicated it may be possible to scale down the proposed use but felt that asking one-third to one-half of Outlot B is a significant reduction in the proposed use. Chairman Miller asked the applicant whether he would consider such a possible scaled down use at which time the applicant indicated he would address that possibility and at the applicant's request, this matter was continued to the August 27, 1996, Advisory Planning Commission meeting. Member Segal moved, Member Heyl seconded, a motion to continue the Conditional Use Permit to allow outdoor storage of semi -trailers as a principal use on Outlot B, Mardelann Addition located north of Blackhawk Road, south of Yankee Drive and west of Trunk Highway No. 13 in the N1/� of Section 17. All approved in favor AIL y _ city of eagan TO: Chairman Miller and Advisory Planning Commission Members FROM: Mike Ridley, Senior Planner f DATE: August 21, 1996 SUBJECT: Citi -Cargo Conditional Use Permit - Outdoor Storage MEMO In July, the applicant agreed to continue the public hearing for this CUP request to the August APC meeting in order to provide clarification on the amount and location of trailer storage proposed for Outlot B, Mardelann Addition. This cover memo addresses the revisions and additional information the applicant has supplied the City. Revisions include: 1. Delineated parking for 145 trailers. 2. Distance from storage area to north property line. At the nearest point, the edge of the proposed storage area is pulled back to 210 feet from the north (Yankee Drive) property line. 3. Specific landscaping. The Landscape Plan provides a combined total of 47 - six and eight foot tall evergreen trees to provide a visual screen from Yankee Drive. Attached to this memo is the revised layout and landscape plan and the July 17, 1996 staff report which has not been revised. a�3 R 2 � ss H a� FR F _ CM w MIOtX[ OW r� 1 1 1 I ' 1 1 1 F 1 1 ------------ _� �� •� !� `•may �• r _ i AIL R 2 � ss H a� FR F _ CM w MIOtX[ OW r� PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17, 1996 APPLICANT: Citi -Cargo & Storage PROPERTY OWNER: Same CASE Oh 17 -CU -17-6-96 HEARING DATE: July 23, 1996 PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (outdoor storage as principal use) LOCATION: 3575 Sibley Memorial Highway COMPREHENSIVE PLAN: Industrial (IND) ZONING: Limited Industrial (I-1) SUMMARY OF REQUEST Citi -Cargo & Storage is requesting a Conditional Use Permit (CUP) to allow outdoor storage of semi -trailers as a principle use on Outlot B, Mardelann Addition which is located on the west side of Sibley Memorial Highway, north of Blackhawk Road in the North 1/2 of Section 17 AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems a� Planning Report - Citi -Cargo CUP July 23, 1996 Page 2 and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY Mardelann Addition was platted in 1989. In January 1995, the City Council approved a CUP for Larson Companies that provided for outdoor storage of an above ground fuel tank and semi -trailer storage on Lot 1, Block 1, and Outlot A, Mardelann Addition. At the time of this approval, Larson Companies did not own Outlot B, Mardelann Addition. Iii October 1995, the City Council adopted an ordinance amendment that allowed by CUP for off- street parking and/or outdoor storage as a principal use of a parcel of land provided said parcel is serviant to a dominant parcel on which the associated principal use is located (subject to established criteria). EXISTING CONDITIONS Citi -Cargo and All State Leasing share the building located on Lot 1, Block 1, Mardelann Addition at 3575 Sibley Memorial Highway. The trailer storage previously approved on Outlot A and the requested storage on Outlot B is associated with the All State Leasing operation. The existing trailer storage on Outlot A was permitted to continue on the existing gravel surface until such time that Outlot B develops and/or storm sewer becomes available to the site. The 12.6 acre Outlot B, Mardelann Addition is adjacent to both Lot 1, Block 1, and Outlot A, Mardelann Addition and consists of primarily open farm land and several small wetlands, although there are woodlands located along the Highway 13 frontage of the site. The site grade ranges from approximately six to twelve feet below the grade of Yankee Drive. Larson Companies has acquired this parcel and would like to expand their trailer parking onto this site as phase one of a larger plan to ultimately develop the site (Outlot B) with possibly two warehouses with a total square footage of approximately 160,000 s.f. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property Planning Report - Citi -Cargo CUP July 23, 1996 Page 3 North - RiverPark/RLJohnson office/showroom - zoned PD/LI; designated Industrial South - Vacant - zoned and designated Industrial. East - Blue Cross/Blue Shield Headquarters - zoned PD and designated LB. West - MWCC vacant property (tree farm) - zoned and designated Industrial. EVALUATION OF REQUEST The City Council adopted ordinance amendment allowing (by CUP) off-street parking and/or outdoor storage as a principal use of a parcel of land provided certain criteria that deal with zoning, distance from serviant to dominate parcel, and improvements to parking/storage area are met. The amendment also states that any CUP issued for this purpose shall terminate if development occurs upon the serviant lot or upon the termination of the principal use of the dominant parcel for which the CUP serves, whichever occurs first. In evaluating this request staff finds that the Industrial zoning and the fact that the parcels in question are adjacent to one another are consistent with the ordinance requirements; however, the ordinance requires the parking/storage area to improved to City standards which include concrete curb cg. gutter, concrete or bituminous surfacing, and a storm sewer system. The applicant is proposing a Class V surface for the trailer storage area with overland drainage because they view the storage as Phase I of a three phase development plan for Outlot B. As mentioned previously in this report, Larson Companies intends an ultimate site development that will include with two warehouses with a total square footage of approximately 160,000 s.f. As such, they do not wish to invest resources for improvements that they will have to then tum around and remove with the ultimate development of the site. Compatibiliry with Surrounding Area - The applicant intends on excavating approximately eight acres of the site for this "temporary" trailer storage use. Except for potential visibility of the storage area from the RiverPark Office Park and the R.L. Johnson office/showroom uses to the north, the proposed use appears compatible with surrounding uses. City staff have received telephone inquiries from adjacent property owners who are concerned with the visibility of the trailer storage particularly from the office uses to the north. Landscaping/Screening - The applicant has not provided a Landscape and Screening Plan. The applicant should provide the City information regarding the visibility of the proposed storage particularly as it relates to views from the north and from Yankee Drive. A landscape screening plan should be submitted for review and approval by City staff prior to the City releasing this CUP for recording at Dakota County. Grading/Storm Drainage/Wetlands -The natural drainage pattern is toward the northwest comer of the site. The applicant is proposing to strip 1.5 feet of topsoil from the storage area and v Planning Report - Citi -Cargo CUP July 23, 1996 Page 4 replace it with a Class V gravel base and the Grading Plan also shows the construction of drainage swales around the east and north sides of the storage area and also to accommodate culvert drainage from under Highway 13. A grading permit was issued to the applicant on July 2, 1996. All wetlands are subject to the requirements of the Wetland Conservation Act. Wetlands identified on the site are located outside of the proposed grading limits; however, the applicant should have wetland areas delineated and incorporated on a revised Grading Plan. Water Quality - Site runoff will eventually reach Pond CP -9, an indirect contact recreation water body located in Ft. Snelling State Park. Due to the anticipated impervious surface being high for this industrial site and the presence of a recreational water body downstream, the applicant should provide an on-site pond for treatment of storm water. Access - The applicant is proposing access to the site from Outlot A through the existing storage area which takes public street access from Blackhawk Road. There will be no access to the site from Yankee Drive associated with this CUP request. Tree Preservation - No trees or woodlands will be disturbed as part of this application. SUMMARY/CONCLUSION The applicant is requesting approval of a CUP to allow for the storage of semi -trailers as the principal use of Outlot B, Mardelann Addition. The applicant intends to develop the site in phases over an unspecified period of time and therefore see this storage essentially as a temporary use. Except for the requirement of improving the storage area to current City standards, the proposal is consistent with City Code requirements. The visibility of the items to be stored needs to be clarified and appropriate screening should be provided. ACTION TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit to allow for the storage of semi- trailers as a principal use of Outlot B, Mardelann Addition. If approved, the following conditions should be applied. 1. Outlot B, Mardelann Addition shall be combined with Lot 1, Block 1, Mardelann Addition at the Dakota County Auditors office within 60 days of Council approval. 2. The applicant shall record the Conditional Use Permit at the Dakota County Recorders office within 60 days of Council approval. 3. No further development can occur on either Outlot of the Mardelann Addition prior to of Planning Report - Citi -Cargo CUP July 23, 1996 Page 5 successfully completing the subdivision procedure. 4. The Conditional Use Permit shall terminate upon the development of Outlot B or upon termination of the principal use on Lot 1, Block 1, Mardelann Addition, whichever comes first. S. The applicant shall provide the City information regarding the visibility of the proposed storage particularly as it relates to views from the north and from Yankee Drive. 6. A landscape and screening plan shall be submitted for review and approval by City staff prior to the City releasing this CUP for recording at Dakota County. 7. The applicant shall have wetland areas delineated and incorporated on a revised Grading Plan. 8. The applicant should provide an on-site pond for treatment of storm water designed to meet full treatment requirements (37 acres at the normal water level, a minimum wet volume and mean depth of 1.1 acre-feet and three feet respectively). The design of the pond shall comply with the City's Standards for Detention Basin Design. 9. Access to the storage area is not allowed from Yankee Drive. FINANCIAL OBLIGATION - 17 -CU -17-6-96, Outlot B and Lot 1, Block 1, Mardelann There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. ' Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None Rol � - � -'� •'.t EAG= •� j' {or'' eat r �. - +rq•p� 3, ARK 0,010'' � � ✓ \ - _ _ _ �'"— 00 _\11. wz/,O / \/.z f' _-LlL7 .EL_ +74 `•`,_S -��• �, '%i/ C PARK WCOOKAVLN PARK 40 s iCCVTr • �r� .,�.r.• i - .y _J '. 4,/!—." `` `i'" ',��J��," i. •� �- �I; 'aC�17E 'RK PC Nwo I DARX � l I �•--��.'I�'� •.r.` I_ :.e";�£ 'eS. �' I ze treepi LOCATION c-; // 1=1 CJ PD 11 E M/i."i '. YlRr10Y M YW.M 10 wA OR �w -WW ♦WY °fie �.>. LSO Mr Y.R Ys oYti 01!•R O Y.Y fI OpP 9.w /0 4/x.1 M'17.'! 71-1 j d I 3a \i t i d9° :1 3��• 1 �i tl ° r pill� .; — — — — — — — — — iii j d I 3a i d9° :1 3��• 1 �i tl ° r pill� .; — — — — — — — — — 4105.�'957-0 Blue(:ross BlueSWeld '.' of ,NWmesota P.U. Boy 64560 • St. Paul. \Minnesota ■ 51164-0560 Sharon Zauhar Assistant Vice President - Administrative Services (612)456-8361 Facsimile (612) 683-2518 August 27, 1996 Advisory Planning Commission 3830 Pilot Knob Road Eagan,?X >j122 Members of the Advisory Planning Corn isston: A w AUG 2 7 1996 As Blue Cross and Blue Shield of Minnesota's representative. I have met with lkir. Allen Ofstehage of Larson Companies eo review their revised landscape plan for Outlot B, Mardelann Addition. At the July 23, 1996, Planning Commission meeting, Mr. Ofstehage had agreed to give considerarion to reducing the size of the area to be used for outdoor storage of semi -trailers and to screen the northern border along 'Yankee Drive with larger size trees. After reviewing this plan, Blue Cross and Blue Shield of Minnesota is still opposed to the granting of a conditional use permit to allow outdoor storage of semi-trailcrs at the requested location. Our position remains that such use is inappropriate given the existing office complexes to the north and west. The tree screening plan and the parking set -back proposed in the revised landscape pian still do not address the visual impact that the site would produce for anyone turning off Highway 13 onto Yankee Drive. With the right-of-way for the power line and the state, the location of the prospective tree plantings- is set too far back. Another aesthetic concern includes the less -than -new physical condition of the trailers to be parked on the site as viewed from Highway 13. We believe indoor storage to be more appropriate given the location and the existing surroundings. We urge the members of the Planning Commission not to grant this conditional use permit. Thank you for your consideration. Sincerely, jvcAf� Sharon Zauhar Rhin !'t n. � 111d 13111 `lui 1r O? IluirI .(,IN ,1J, iIiI6,J ")'d(It:! 1;r, .11"e, ''i t/:r' t31tr, (. urvd B/itr '�lurkl I: <,)rtuttot! a),; 5 A f G FiF LarsonCornpanies 8050 E. Highway 101 Shakopee, MN 55379 August 29, 1996 Mr. Tom Hedges, City Administrator Mayor and Council Members City Of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Citi Cargo & Storage Company, Inc. Request for Conditional Use Permit Dear Mr. Hedges, Mr. Mayor and Council Members: This letter is written to each of you in an attempt to update, hopefully enlighten you, and to ask for your support with regards to Citi Cargo's request for a conditional use permit to allow outdoor storage of semi -trailers on our property located at Highway 13 and Yankee Drive. This property is known as Outlot B, Mardelann addition. Zoning - Limited Industrial (I-1) Backyround - Citi Cargo and Allstate Leasing Corporation, which are sister companies, occupy the property and buildings at 3575 Highway 13, which is directly adjacent to Outlot B. Both of the companies are engaged in the business of leasing and renting trucks and trailers. We presently have a C.U.P. for outdoor storage on this existing facility. On a previous occasion we have described to the City's staff a 3 -phased approach to developing this Outlot B. This development, as planned, includes initially using the property for a trailer storage lot but ultimately calls for the development of the property with warehouse facilities. Our projected plans call for the completion within 5 years. The staff report, as prepared by Mr. Mike Ridley, highlights an ordinance adopted by the City Council in October 1995, that .... "allowed by CUP for off street parking and/or outdoor storage as a principal use of a parcel of land provided said parcel is serviant to a dominant parcel on which the associated principal use is located." (Page 2, July 23, 1996 Staff Report) It is my understanding that, with the exception of blacktopping, our site meets all current city code requirements including zoning. The Staff Report also lists nine individual items that should be applied if the CUP is granted. Citi Cargo has agreed to meet each of these nine. At the July 23, 1996, Planning Commission meeting, two neighbors, R.L. Johnson Companies and Blue Cross/Blue Shield, raised objections to our plan, sighting visual and aesthetic concerns. Mr. Tom Hedges Mayor and Council Members City Of Eagan August 29, 1996 Page Two I feel that it is worthy, at this point, to explain that Blue Cross is the major tennant in R.L. Johnson's very vacant building and that R.L. Johnson's objections are amplified by Blue Cross' feelings. Also, members of the planning commission asked if we could limit the quantity of trailer parking on the lot, and to move the trailers farther from Yankee Drive. With these two, and only two, objections in mind I asked the Commission to continue the hearing until the their August 27, 1996 meeting. With these two points in mind we engaged BRW Engineering to develop a screening plan and a lot diagram to address both issues. I have taken the liberty to enclose copies of these plans. The items addressed by the plans include: Visual - The plan as presented calls for the planting of forty-seven 6 to 8 ft. Spruce trees along Yankee Drive. The attached sight -line drawing shows the visual impact from a car at the time of planting. The screening will only improve as the trees mature. Also it must be pointed out that none of our parking or facilities are visible from either R.L. Johnson or the River Park's parking lot or buildings. Also, please understand that the proposed site is fully screened the entire distance along Highway 13 by natural growth. The entire screening process, as requested by Blue Cross, is to increase the aesthetics of a drive from Highway 13 to the bottom of the hill on Yankee Drive, a drive which lasts at most 30 seconds. Some of this time must be spent looking forward when driving. Yankee Drive is not a regulated intersection on Highway 13 and by Blue Cross' own admission, is used by employees as a short cut. Size Of Lot - The drawing as presented allows for 145 parking places. The trailer parking limit as shown on the plan has the last trailer parked 245 feet from the centerline of Yankee Drive - Almost a full football field. Neighbors - The neighborhood surrounding Outlot B, with the exception of Blue Cross and the R.L. Johnson office warehouse is made up almost entirely of transportation related entities: To the North: Transport America Aagard Disposal Best Brands Lull Industries To the South: Citi Cargo Allstate Leasing Metropolitan Waste Control Freight Masters Marks Towing as well as many small industrial and manufacturing facilities; not office complexes of the Blue Cross type. -,) � V3 J Mr. Tom Hedges Mayor and Council Members City Of Eagan August 29, 1996 Page Three Opponents to our site have raised the issue that this type of business is not consistent with the neighborhood. A brief review of our customer lists shows the following names: Wal-Mart; Transport America; Lull Manufacturing; Gopher Recovery; Aagard Sanitation; Freightmasters; Dart Transportation; Bulk Mail Cartage; The Mall of America; Anchor Hocking Plastics; Lloyd's Barbecue; Water Heater Innovations; Metropolitan Waste Control; Lessors Inc.; Best Lines -- all members of the broader Eagan business community. Much of our success with these customers can be attributed to the neighborhood in which we have chosen to locate our business. I would submit that our business is extremely compatible with the surrounding neighborhood. Summary - In conclusion, the July 23, 1996, Staff Report on page 4 clearly states, with the exception for improving the lot to city standards, ... "the proposal is consistent with city code requirements". Amendments to the plan have been offered to address the Planning Commission and mitigate neighbors objections. The zoning of the site is appropriate for this application. With all of this said, I ask for your support at the upcoming council meeting. I am available for comments and discussion at your convenience. The numbers that I can be reached at are: Office 445-1312 Home 474-7705 Mobile 865-3949 Thank you for your interest and concern. Sincerely, AO/slc eagan.doc Inc. J ' • - tot =-=� - � � � • � OS1. '�. CLL'__-_-- \`\, TJ•( _ --, �_-'��. 011 1 1 \ r '1 1 . � -a��� u - � tet- \ � � w •��-` '•r•'' / Mcm?ow+ dl� 1 ryr.l f•�S r, G..K� `s�'nll s: a. AE �a Mys •,cif �d ti{ �d Qyf rbt }�qf cis ac r `yd .9� •ry� Z g� •'• i i 4 i!i- 1 ' f �a Sy LAPOW COWANLB - 4�yai i im R Yt te..� i ayay�6 h AY ya¢�t ��GSt ��t •Liw d10. � i •'1 i i �. � '' '� � 1 �� 1 t 1 1 1 1 1 ' fAOMI !Acr .. .-■ a Ural: gra aiwt. al► . w �a a.e.. - r- IAli�C+M[77�T \ 1 `s�'nll s: a. AE �a Mys •,cif �d ti{ �d Qyf rbt }�qf cis ac r `yd .9� •ry� Z g� 118 ' �a Sy LAPOW COWANLB - 4�yai i im R Yt te..� i ayay�6 h AY ya¢�t ��GSt ��t •Liw d10. S ' fAOMI !Acr .. `s�'nll s: a. AE �a Mys •,cif �d ti{ �d Qyf rbt }�qf cis ac `yd .9� •ry� Z g� • �a Sy LAPOW COWANLB - 4�yai i im R Yt te..� i ayay�6 h AY ya¢�t ��GSt ��t •Liw d10. S / • 1 LAPOW COWANLB - o0"�i �. w. �� i im R Yt te..� i &Am NO ilaVAE . ��t •Liw d10. Y R 4 • ' fAOMI !Acr .. .-■ a Ural: gra aiwt. al► . w �a a.e.. • LAPOW COWANLB - o0"�i �. w. �� i im R Yt te..� i &Am NO ilaVAE . ��t •Liw d10. Y R 4 • ' fAOMI !Acr .. .-■ a Ural: gra aiwt. al► . w �a a.e.. - r- IAli�C+M[77�T Agenda Information Memo September 3, 1996 - Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit for Shaw -Lundquist Inc. to allow outdoor storage of construction equipment in conjunction with a proposed office/warehouse building to be located on Lot 2, Block 1, Eagandale Center First Addition, (P.I.D. # 10- 22490-020-011) in the NE 1/4 of Section 3 subject to the 12 conditions recommended by the Advisory Planning Commission. FACTS: The applicant is proposing an office, warehouse and storage yard to house their offices, construction products and equipment associated with the business. The outdoor storage associated with the business is proposed to be located behind the building at the rear of the property on a portion of a 34,000 SF paved area with curb and gutter as indicated on the site plan. ► The Advisory Planning Commission conducted a public hearing on the proposed Conditional Use Permit at its regular meeting on August 27, 1996, and recommends approval of the Conditional Use Permit subject to the 12 conditions outlined in the APC minutes. ISSUES: ► Several property owners who are in close proximity to the proposed site have expressed concerns over the proposed development. The concerns expressed include; compatibility of contractor's exterior storage with the surrounding area, the effect the proposed exterior storage will have on property values and the maintenance of the proposed storage area. ► The APC recommended an additional condition further restricting storage to operable trucks, trailers and automotive vehicles. BACKGROUND/ ATTACHMENTS: (2) Letter from B.A. Karabank & Co. (General Electric Facility), page � Zroug�_3 Facsimile from Harvey H. Mills (Mills Comp ' s, Inc. ,, pa e� APC minutes of August,7, 1996, �a es" througb,-. Staff Report, page through. X10 ?�1 -1444 HUG -=7-1996 16:02 FROM B.A. k,AFBHNk ?, CO. TO 161?6814644 B.A. RB N & co. Industrlef 8 Commacft+f Resttors/DevewoPrrs One Kansas City Place. Suite 3910, 1200 Main street. Kansas City. Missouri 64705 Phone (818) 221-4488 - Fax (818) 221.4494 August 27, 1996 SENT A FACS-E� 612/681-4694 Advisory Planning Commission City of Eagan 3830 Pilot Knob Road Eagan, MN RE: Conditional Use Permit - Shaw -Lundquist Associates, Inc. Lot 2, Block 1, Eagandale Center First Addition P.I.D. No_ 1022490-020-011 Located on the West Service Road in the NE'/s of Section 3 Dear Ladies and Gentlemen: F. 02 I am the owner of 2845 West Service Road, Eagan, MN, an approximately 40,000 sq. ft. officelwarehouse building on a 4.09 -acre lot occupied by General Electric, located two doors south of the referenced property for which Shaw -Lundquist Associates, Inc. has submitted a Conditional Use Permit application. As I will be unable to attend tonight's Advisory Planning Commission public hearing, I would like to go on record that I am strongly opposed to the granting of the proposed Conditional Use Permit without a requirement for extensive screening of the outside storage yard. Based upon the unsightly and disorganized appearance of Shaw-Lundquist's current outside storage yard, I do not believe the screening proposed in the company's development plan is adequate to meet the City Code Land Use Regulations for Conditional Use Permits in the City of Eagan. The yard is not being operated and maintained in a fashion that is consistent with either the properties adjacent to the proposed Shaw -Lundquist site on West Service Road or with the other properties in Eagandale Industrial Center. The high visibility of the site from I -35E further argues against a very untidy storage yard in that location. I have developed, leased and managed millions of square feet of industrial buildings around the country and am acutely aware of the negative effects on property values when there is inadequate screening for ill -maintained, disorderly outdoor storage. Landscaping alone is almost never an effective screen against the appearance of blight. Many communities where I have developed projects are now requiring concrete block, pre -cast or tilt -up concrete walls to screen the outside storage grounds, with the proviso that INDIVIDUAL MEMBERSHIPS Society of industrial and office Assitors I American Society of Neat Estate Counselors I Institute of Real Eetat! Management Urban Land Institute 1 National Association of Realtors I Real Estate Board of Kansas City. Mo. Chamber of Commerce. Kansas 01Y. Mo. HUG- 11Z96 16::Q0 FROM B.H. k'APFPNH' Z CO. TO 161c6814694 P. 07 Advisory Planning Commissioa August 27, 1996 Page 2 materials cannot be stored higher than the walls. Such a policy in Eagan would protect the high quality of development and the substantial investment of those of us with property in the community. In the case of Shaw -Lundquist, at minimum the company should be required to have full -height concrete wall screening to hide the unsightly construction materials in the yard. I appreciate your consideration in this matter. SMKltas cc: Mayor Tom Eagan Sincerely, KARRBBANKDEVELOPMENT CO. 0z'_ e6,L> Steven M. Karbank President TOTAL P.©0 C;L To: MARY OLSON Company: MPC Phone: 681-7361 Fax: 681-8106 From: Harvey H. Mills Company: Phone: Fax: Date: Pages including this Mills Companies, Inc. (612) 770-6660 (612) 770-0224 08127/96 cover page: 1 TOPIC: SHAW-LUNDQUIST PERMIT REQUEST. THANK YOU FOR ALERTING ME TO THE ABOVE LISTED PERMIT REQUEST. I SUPPORT YOUR RECOMMENDATIONS AS SUBMITTED TO STEVEN DORGAN OF THE CITY OF EAGAN. I AM UNABLE TO ATTEND THE MEETING THIS EVENING WITH THE PLANNING COMMISSION BUT WOULD LIKE YOU TO EXPRESS MY CONCERN AS STATED IN YOUR LETTER TO DORGAN. THANK YOU. PLEASE ADVISE ME OF ANY REMARKABLE DEVELOPMENTS IN THIS MATTER. Aug 14:24 F'.l_i1r'i_i] Facsimile Cover Sheet To: MARY OLSON Company: MPC Phone: 681-7361 Fax: 681-8106 From: Harvey H. Mills Company: Phone: Fax: Date: Pages including this Mills Companies, Inc. (612) 770-6660 (612) 770-0224 08127/96 cover page: 1 TOPIC: SHAW-LUNDQUIST PERMIT REQUEST. THANK YOU FOR ALERTING ME TO THE ABOVE LISTED PERMIT REQUEST. I SUPPORT YOUR RECOMMENDATIONS AS SUBMITTED TO STEVEN DORGAN OF THE CITY OF EAGAN. I AM UNABLE TO ATTEND THE MEETING THIS EVENING WITH THE PLANNING COMMISSION BUT WOULD LIKE YOU TO EXPRESS MY CONCERN AS STATED IN YOUR LETTER TO DORGAN. THANK YOU. PLEASE ADVISE ME OF ANY REMARKABLE DEVELOPMENTS IN THIS MATTER. Page 5 August 26, 1996 ADVISORY PLANNING COMNIISSION PUBLIC HEARINGS CONDITIONAL USE PERMIT SHAW-LUNDQUIST ASSOC. INC. Chairman Miller opened the next public -hearing of the evening regarding a Conditional Use Permit to allow the outdoor storage of construction equipment on Lot 2, Block 1, Eagandale Center First Addition, P.I.D. 410-22490-020-011, located on the West Service Road in the NEI/4 of Section 3. Associate Planner Steve Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staffs planning report dated July 29, 1996. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. Mike Schroeder, a representative of the applicant, advised the APC that in the applicant's search for the subject site for its company headquarters, it sought a site to provide for a outdoor storage area, in addition to enough land to expand for future growth. Mr. Schroeder noted that the surrounding uses have outdoor storage and the applicant has provided the City with an inventory of equipment it currently owns of which it intends to dispose, store indoors and/or store outdoors. Mr. Schroeder further noted that the adjacent property, Material Processing Corporation ("MPC") will not have visibility to the site due to the lack of any windows in the MPC building which face the subject site. Mr. Schroeder further noted that storage of all or a majority of the equipment indoors is not practical or economically feasible. Chairman Miller noted the APC's receipt of a letter from Karbank & Company in opposition to the proposed outdoor storage. The applicant's representative further stated that the applicant has conducted outdoor storage since 1984 at its existing site, but all outdoor storage at the proposed site will be more orderly due to the applicant's proposed ability to store some of its items indoors in the warehouse. Mary Olson, President of MPC stated that she objects to the requested conditional use permit. Referring to Section 11.40, Subd. 4(C) of the City Code, Ms. Olson stated that the design, operation and maintenance of the proposed storage will not be compatible in appearance with the existing character of the general vicinity and will change the essential character of the area and substantially diminish or impair the property values of the surrounding area. In support of her contention, Ms. Olson presented three photographs depicting the applicant's outdoor storage at its existing site. The photographs depict several fuel barrels, piles of wood and pallets, unorderly piles of scaffolding, in D � 7�� S Page 6 �. August 26. 1996 ADVISORY PLANNING CON MSSION addition to apparent inoperable vehicles and trailers. Ms. Olson stated that the applicant's move to the new site will not change their way of storing their equipment and inventory outdoors. Ms. Olson further stated that she was advised 'by a real estate agent that if the applicant conducts or maintains its outdoor storage as it does at the existing site, MPC's property values will be impaired. She further stated that MPC intends to expand their building which will result in placing windows on the side of the building facing the subject site. She further noted that as their customers drive onto their property they will have -a visual site line into the applicant's proposed storage area. Ms. Olson stated that the City Code requires all outdoor storage to be enclosed or with proper screening and therefore requests that if the conditional use permit is approved that all of the applicant's inventory, except their trucks, be stored indoors in the warehouse. Ms. Olson concluded that Harvey Mills of Mills Company, Inc. objected to the proposed conditional use permit and presented Mr. Mills' letter to the APC. Fred Hsiao of Shaw -Lundquist stated that the company's existing facility does not have warehouse space and the property is leased. Mr. Hsiao stated that the City has his commitment that the outdoor storage area will be maintained in a tidy and orderly fashion. In response to Member Segal's inquiry, Mr. Hsiao agreed to "reasonable additional landscape" to screen the outdoor storage area. Mr. Hsiao further advised the APC that the company inventory all items stored at the existing site and advised the City which of those items will be stored outside, inside and discarded. Mr. Hsiao added that the move to the new site will be a good excuse to finally dispose of abandoned or surplus items currently stored at the existing site. Member Frank raised the issue of how the City will monitor whether the applicant has abandoned any equipment on the site to which Chairman Miller stated that inspection and enforcement will be conducted by the City to assure that the outdoor storage is in an orderly and tidy manner and not simply have a junkyard appearance. Member Isberg suggested that a condition to the- conditional use permit be added to require that no inoperable equipment be stored on site and agreed with Ms. Olson of MPC that a majority of the items could be stored indoors to address the concern of the adjacent property. Rudy Olson of MPC added that the applicant also has diesel fuel tanks stored outside on its existing site. Mr. Olson stated that the subject site and the surrounding area is zoned as an industrial park, not a construction junkyard and expressed concern that if a conditional use permit is approved that the subject site will essentially become a construction junkyard. In addressing the concerns of Mr. and Mrs. Olson, Chairman Miller stated that with a conditional use permit, the City may attach certain conditions, including that no gas tanks, wood piles, scaffolding, hazardous waste, etc. be stored outside. Member Isberg stated that storage of all of the equipment and items currently stored at the applicant's existing site would not be compatible with the area of the subject site, but perhaps as a compromise require the applicant to store certain items inside. Member Page 7 _ August 26, 1996 ADVISORY PLANNING CON MSSION Segal inquired with the applicant that if the applicant's proposed storage area is greater than the proposed warehouse area, then why not increase the warehouse to provide additional storage for certain items to be stored inside. The applicant's representative advised the APC that at its existing site, it has no area indoors to store certain items and therefore everything is stored outside. He noted that with the existence of the proposed warehouse on the site, a lot of the items currently stored outside may be stored inside, with the exception of those pieces of equipment that are made to be stored outside. Chairman Miller emphasized that it is not the City's right to tell the applicant to build a warehouse, but it is the City's right to condition the conditional use permit as to what cannot be stored outside. Member Heyl suggested that the conditional use permit be subject to a condition that only trucks, trailers and automotive vehicles be stored outdoors. Member Isberg concurred with Member Heyl with an added provision that they store trucks, trailers and automotive vehicles be "operable". Member Frank stated that he would support the recommended approval of the conditional use permit with the added conditions that all storage be maintained in an orderly fashion and the storage area be screened. Member Heyl moved, Member Isberg seconded, a motion to recommend approval of a Conditional Use Permit to allow the outdoor storage of construction equipment on Lot 2, Block 1, Eagandale Center First Addition, P.I.D. # 10-22490-020-011, located on the West Service Road in the NE'/4 of Section 3, subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A revised landscape plan shall be submitted showing additional landscaping along the south property line to screen the storage area. The C.U.P. shall be continually subject to the following conditions: 1. The building and site shall be properly maintained in a neat and orderly manner with no inoperable machinery or garbage, waste materials or debris stored outdoors. 2. The developer shall construct a storm water basin to control post -development storm water runoff to less than or equal to pre -development rates so as not to overburden the existing storm sewer system. 3. The developer shall install a hydrant near the northeast corner of the proposed building to provide proper hydrant spacing for fire protection to the entire building. 4. The developer shall be subject to a $7,800.00 cash mitigation for significant tree removal. Page 8 August 26, 1996 ADVISORY PLANNING COMVHSSION 5. The developer shall install Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The developer shall contact the City Forester Division at least five days prior to the issuance of the grading permit to ensure.- compliance with the approved Tree Preservation Plan. 7. The existing fence in the northwest comer of the property shall be repaired and properly maintained. 8. All rooftop mechanical equipment shall be screened from view. 9. All outdoor storage shall be limited to the operable trucks, trailers and automotive vehicles associated with the business in the location designated on the site plan dated August 6, 1996. 10. All outdoor storage shall occur on paved surfaces with curb and gutter. 11. All signage shall meet City Code requirements. 12. No outdoor storage of hazardous waste or fuel shall occur on the property. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 29, 1996 APPLICANT: Shaw -Lundquist Assoc., Inc. PROPERTY OWNER: Northwestern Mutual Life Ins. Co REQUEST: Conditional Use Permit LOCATION: 2777 Eagandale Industrial Blvd. COMPREHENSIVE PLAN: Limited Industrial (IND) ZONING: Light Industrial (LI) SUMMARY OF REQUEST CASE #: 3 -CU -20-7-96 HEARING DATE: August 27,1996 PREPARED BY: Steve Dorgan Shaw -Lundquist is requesting approval of a Conditional Use Permit (CUP) to allow the outdoor storage of construction equipment in conjunction with a proposed office/warehouse building to be located on Lot 2, Block 1, Eagandale Center First Addition, (P.I.D. # 10-22490-020-011) in the NE 1/4 of Section 3. FAIJIVitel 1' ' Conditional Use Permit: City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. G,a Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Chapter 11, Section 11.40, Subd. 4, D states: In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they may deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDIHISTORY Eagandale Center First Addition received preliminary subdivision approval in October of 1980. The preliminary plat consisted of two lots on 7.7 acres. Lot 1 was originally purchased by Midwest Coca Cola Bottling Co. for future expansion and is currently being used for storage of semi -trailers associated with the business. Lot 2 has never developed. A 30 foot dedicated ingress and egress easement currently exists along the north property line of the subject lot. This easement was established through a private agreement between the property owners of Lots 1 and 2. The provision of the agreement was established so that if the owner of Lot 1 were to develop, the lot would have access through the easement to West Service Road. A portion of the easement is currently used by the property to the north for access to their site. A railroad easement is located along the west property line of the subject lot separating Lots 1 and 2. EXISTING CONDITIONS The 3.95 acre lot is undeveloped. The topography on the site generally slopes from the south to the north and west. Existing vegetation consists of significant trees throughout the property with several stands of softwood trees. No wetlands are located on the property. The property is served by a railroad spur along the west property line. � �J Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 3 The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North - Midwest Coca-Cola Bottling Company (McKee); zoned Light Industrial (LI) and guided Industrial (IND) South - Material Processing Corporation; zoned Light Industrial (LI) and guided Industrial (IND) East - West Service Road/Interstate 35E West - Midwest Coca-Cola Bottling Company; zoned Light Industrial (LI) and guided Industrial (IND) EVALUATION OF REQUEST The applicant is proposing an office, warehouse and storage yard to house their offices, construction products and equipment associated with the business. The applicant is proposing a building consisting of 6,905 SF of office space located along the front or east side of the lot facing West Service Road. In addition, an 8,000 SF warehouse facility is proposed to be located behind the office portion of the building. The outdoor storage associated with the business is proposed to be located behind the building at the rear of the property on a portion of a 34,000 SF paved area with curb and gutter as indicated on the site plan. The rear portion of the site will include an area of approximately 62,000 SF which will be entirely enclosed with a 6 foot chain link fence. All outdoor storage associated with the business is proposed to be located on paved surfaces as indicated on the proposed site plan. Compatibility with Surrounding Area - The outdoor storage of construction equipment for the proposed site appears to be consistent with the surrounding area which is generally compatible with industrial development. Midwest Coca Cola Bottling Company, located to the north and west of the proposed site, is currently storing semi -trailers, storage tanks and rail cars on their property. All of the surrounding property is zoned and guided for industrial development. The proposed storage yard will be adjacent to the Material Processing Corporation (MPC) building to the south. The MPC building does not have windows on the north face of their building. The proposed storage will not be visible from Interstate 35E from the east. Tree Preservation - The proposed site contains 19 significant trees, 17 of which are located within the buildable area of the site and will be removed. The applicant has submitted a landscaping plan showing required landscaping as tree mitigation based on the proposed tree removal. The proposed mitigation shown on the landscaping plan is unacceptable. Due to the limited space on the site to install additional trees, the applicant will be subject to a cash mitigation. 4.3 1 Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 4 Landscaping - The west portion of the lot is proposed to be left natural, preserving most of the existing trees and vegetation on this portion of the lot. The landscape plan shows the continuation of the existing landscaping to the south, which consists of a 3' berm with plantings of Red Maple trees and additional plantings to screen the parking lot. Additional landscaping is shown along the north and south property lines providing screening to the adjacent properties. The proposed landscaping plan is acceptable. Architecture - The office portion of the building is proposed to be constructed with multi -colored block with a metal roof design vestibule. The warehouse portion of the building shows a 24' high concrete pre -cast construction with a raked finish. All rooftop mechanical equipment should be screened from view. The proposed building design meets all City Code requirements. Signage - The applicant is proposing wall signage on the front of the building along West Service Road. A ground sign is shown to be located in the center of the lot also along West Service Road. The proposed signage meets all City Codes pertaining to size and location. Setbacks - The proposed development meets all required building and parking/storage setbacks. Parking - City Code requires 62 parking spaces for the proposed combination of office and warehouse space. The applicant is proposing to provide 63 parking spaces. An approximate 3,800 SF expansion to the office space is proposed for the site which would require 25 additional parking spaces. The applicant intends is dedicating space for 29 additional parking spaces around the perimeter of the storage equipment storage area which would provide for future expansion. Lighting - The site plan shows three box style lights on 25' standards within the parking lot at the front of the building. The parking and storage area at the rear of the lot is proposed to be lit by box security lighting on the back and side walls of the building. Trash/ Recycling Materials - Trash and recycling enclosures are shown attached to the building directly adjacent to the loading dock area along the north side of the building. These enclosure should be constructed with materials consistent with that of the principle building. Access - Access to the site is proposed at two locations from West Service Road. The northerly access is an existing entrance shared with the property owner to the north. An existing fence in the northwest corner of the site within this access easement is in disrepair and should be removed or restored to its proper condition. Grading/Wetlands - The preliminary grading plan is acceptable. Portions of the site were graded previously with adjacent development. The grading shows a maximum cut of 8 feet with no significant fill areas. There are no jurisdictional wetlands on the site. Storm Drainage - With minor revisions the storm drainage plan is acceptable. The applicant is proposing to drain storm water runoff from the site through an internal storm sewer system to a storm water basin which drains to an existing storm sewer at the southwest comer of the site. The applicant C Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 5 shall construct a storm water basin to control post -development storm water runoff to less than or equal to pre -development rates so as not to overburden the existing storm sewer system. Utilities - Sanitary sewer and water main are available for connection along West Service Road. The applicant is proposing to install one fire hydrant along the east side of the building. The applicant shall also install another hydrant near the northeast corner of the proposed building to provide proper hydrant spacing for fire protection to the entire building. The utilities plan is acceptable. SUMMARY/CONCLUSION Shaw -Lundquist is proposing an office, warehouse and storage yard for the subject site. Outdoor storage requires a Conditional Use Permit. The proposed outdoor storage of construction equipment appears compatible with the site and surrounding uses. The proposal is consistent with outdoor storage of adjacent properties as well as the general vicinity. To approve/deny a Conditional Use Permit for Shaw -Lundquist Inc. to allow outdoor storage of construction equipment in conjunction with a proposed office/warehouse building to be located on Lot 2, Block 1, Eagandale Center First Addition, (P.I.D. # 10-22490-020-011) in the NE 1/4 of Section 3. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: I. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A revised landscape plan shall be submitted showing additional landscaping along the south property line to screen the storage area. The C.U.P. shall be continually subject to the following conditions: 1. The building and site shall be properly maintained. 2. The developer shall construct a storm water basin to control post -development storm water runoff to less than or equal to pre -development rates so as not to overburden the existing storm sewer system. 3. The developer shall install a hydrant near the northeast corner of the proposed building to provide proper hydrant spacing for fire protection to the entire building. 4. The developer shall be subject to a $7,800.00 cash mitigation for significant tree removal. 0-�3 Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 6 5. The developer shall install Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The developer shall contact the City Forester Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 7. The existing fence in the northwest corner of the property shall be repaired and properly maintained. 8. All rooftop mechanical equipment shall be screened from view. 9. All outdoor storage shall be limited to the construction equipment associated with the business as listed on the revised site plan dated August 6, 1996, and at locations as shown thereon. 10. All outdoor storage shall occur on paved surfaces. 11. All signage shall meet City Code requirements. FINANCIAL OBLIGATION - 3 -CU -20-7-96, Lot 2, Block 1, Eagandale Center 1st Addition There are pay-off balances of special assessments totaling $6,574 on the parcel for which the conditional use is requested. . At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None P-13) City of Eagan Location Map = Illl�r �'� ���► HIM 11 IIIIIIl11■ �� �' ■■ � ��111111111111 � � ■illilllllli'll �1� 111��11 � ■i� �� ` ■Ilillllllllli ■= ' ���'� �� ■IIIIIIIIIIIII ■ 1111 • �'�■►�� ��� ■� e�lte�i����� .�.... FE I oil Ki. �. Shaw -Lundquist Conditional Use Permit N 0.11 0 0.11 Miles Case No. 3 -CU -30-7-96 City of Eagan Community Development Department Shaw-Lunquist Assoc. in City of Eagan Case No. 3 -CU -20-7-96 Zoning Map I1 �1 1AlIN1� VA I 1 0 Z } 3 � x w f- Y+O S S 1:31 Current Zoning 1-1 Limited Industrial ;-3 City of Eagan Community Development Department 111101 ■marl 11! 111 F'O mo I 0 El • ■ I P� .._In.YI, rye ¢�) �'-' ��o AT F:j ��o �f f��ie:irr �fiRFik4i aaaaaaaa E'eJ 9Y4��T=C1� QF 11Adii:3e!Ye �Y4Y�Yipfifi aaa aseaaaa .&atrIts A1 1 C; l �C i i C 1 I I � , 1 Q— i e•wi 1 _ Q f \ um! I : � I a � 2L �t t \�j \• I , t � � —T-• � i; . iIvy (_? � }U1• ���� �( !1 z � 3 t' » I; Vii• � fi � F(� ,i ,_—(1�— ! !�� ! f i ' �,�, f l €� � • €� ;t L � j,�.`j��i.1 ii r i. r. •i j U �!�. + :: rte i� #' V slits i} i � �I 1 1 F� � r'� ti \•� �`; ii � � t �� tt. • i r 1 t ! .f� 0M R I` C YO a � in . a V):3 SLa! p azpW N�3W W cQu�� . a JLOInM-a W �v S 8'E.vbi®v o u:lu Q in • • ..iio 7 i L6e 6 • Ee YY .. Yy qq ICA. 5Y'.5.3a H C .20 in. n..Y x�Y a o E C YO a � in . a V):3 SLa! p azpW N�3W W cQu�� . a JLOInM-a W �v SHAW -LU D UIST ASSOCIATES INC. The Request Shaw -Lundquist Associates Inc. respectfully requests that the City of Eagan approve a request for a Conditional Use Permit to allow for outside storage on the 3.9595 acre parcel legally described as Lot 2, Block 1, Eagandale Center First Addition, Eagan, MN. Shaw Lundquist has purchased the parcel for the purpose of constructing their new corporate headquarters. Comprehensive Guide Plan Designation Existing: L-1 Light Industrial Proposed: L-1 Light Industrial Zoning Classification Existing: L-1 Light Industrial Proposed: L-1 Light Industrial Existing Land Use & Surrounding Land Use The subject property is currently vacant and undeveloped. The property is in the middle of the Eagandale Industrial park development and is bounded by Interstate 35E to the East, a rail line to the West, Coca Cola to the North and Material Processing Corporation to the South. The Coke parcel is used for storage and distribution and Material Processing, which reclaims precious metals from electronic circuitry, is a typical industrial user. The Applicant Shaw -Lundquist is a privately owned, family based Company that was founded in 1974 by Fred Hsiao (pronounced Shaw) and Lyle Lundquist. The Company provides construction management services, general construction, design -build, demo/remodeling, tenant improvements, concrete and masonry in the areas of institutional, commercial and industrial development. The Company has a bonding capacity exceeding $50 million and has completed contracts ranging from $50,000 to $14 million. The Company has leased space off Dodd Road in Eagan for some time and now seeks to build and occupy their own facility. Mr. Lundquist retired in 1984 and the Company is now run by the Hsaio family. Listed below is a sampling of the diverse types of projects recently undertaken by Shaw -Lundquist: -Mankato State University, -Northwest & West Central, Trafton Science Center Addition Elementary Schools -Ten-E Packaging, -NSP Company, 1995 Expansion . Chestnut Service Center -MN DOT, -Southdale-Henn. Area Library, Comp. Rm & Safety Center IMII Addition & Remodel -US Postal Service, -Ravoux Hi -Rise, Burnsville Facility Modernization -Messiah Lutheran Church, Sanctuary Proposed Development Shaw -Lundquist would like to build an office/warehouse/storage yard to house their corporate offices, construction products and equipment. The plan submitted calls for the office portion of the facility to be 8,000 square feet at frontal elevation facing West Service Road and is to be constructed of multi -colored cultured block with a metal roof design vestibule. An alternate plan, which is also depicted on the plan with a dotted line, calls for an office size of 12,000 square feet. In either case, an attached 8,000 square foot warehouse facility constructed of insulated precast panels at 24' clear height is planned. To the rear of the site, applicant requests outside storage for loaders, equipment, trailers and other various items required in the course of a general contractors business. The rear portion of the site will include a fenced area of approximately 62,000 square feet. Depending on the office size selected and resulting parking requirements, a paved area of 27,000-34,000 square feet will be included in the fenced area. The fenced area is designed as a perimeter fence. As depicted in the Landscape Plan presented, the rear area is designed to be left as much natural as possible in an effort to preserve many of the existing tree base as well as afford the applicant desired outdoor storage. The building configuration allows nearly complete coverage of any outdoor storage use from West Service Road, is bounded by Coke's similar storage use requirement to the East, railroad to the rear of the property and an industrial user to the South. The project is a single phase development and is targeted for Spring of 1997 construction. �.'....., l: ••mak-.. _ r .. _.. J 1. .._ ... Page 1 JUL-31-1996 14:19 SCHRADER UENTURE CORP. P.03 Y Shaw-Lund4ulst Associates, Inc. Confidential 7/30196 ;t of Major Equipmentffools Typ( Description Future Use Ware. Yard Approx. SIZE Yard Space Ware. Space Current Loc. tit not at job) M Crane 1 Yes X .10 35 350 Yard M Crane 2 Yes X :1 0 30 300 Yard CE Storage Trailer 1 Yes X 8 4:1 328 Yard (3E Storage Traller 2 Yes X 8 41 328 Yard CE Storage Trailer 3 Yes X ' 8 41 328 Yard CE Storage Trailer 4 No : 8 41 Yard M Storage Trailer 5 No 8 41 Yard CE Storage Trailer 6 No 8 41 Yard C3E Green Shads : 1 No . 1 0 12 Yard M Green Shack; 2 No 10 12 Yard CE Green Shack 3 No 10 12 Yard CE Green Shack: 4 No A0 12 Yard CE Office Trailer: 1 Yes X 8 26 208 Yard CE Office Trailer. 2 Yes X 8 26 208 Yard ',E Office Traller; 3 Yes X 8 26 206 Yard t Office Trailer: 4 Yes X 8 26 208 Yard CE Office Trailer: 5 Yes X 8 26 208 Yard CE Off ice Traller,' 6 Yes X 8 26 208 Yard CFE Office Trailer 7 No 8 26 Yard CE Office Trailer: 8 Yes X 8 40 320 Yard M Office Trailer: 9 Yes X 8 40 320 Yard CE Cargo Container 1 Yes X 8 20 160 Yard GE Cargo Container 2 Yes X 8 20 1 6 0 Yard CE Skid Loader' 1 Yes X 4 7 28 Yard a--- Skid Loader 2 Yes X 4 7 28 Yard CE Skid Loader; 3 Yes X 4 7 28 Yard M Skid Loader: 4 Yes X 4 7 28 Yard CE Skid L. Attachments. Yes X 20 20 400 Yafd CE Boom Truck 1 Yes X 8 30 240 Yard CE Fork Lift 1 Yes X 8 20 160 Yard GE Fork Litt 2 Yes X 8 20 1 6 0 Yard M Trailer 1 Yes X 8 35 280 Yard S Trailer 2 Yes X 8 1.6 128 Yard CE Trailer 3 Yes X 8 16 128 Yard Page 1 JUL-31-1996 14:19 SCHRADER VENTURE CORP. P.04 Shaw -Lundquist Associates, Inc. Confidential 7130196 (2EPick up I 1 Yes X 8 16 128 Yard CE 2 ton Truck 1 Yes X 8 20 160 Yard CE Door Cart 1 Yes X .2 6 12 Trailer CE Door Cart 2 Yes X �2 6 12 Trailer GE Door Cart 3 Yes X :2 6 12 Trailer M Door Cart 4 Yes X 2 6 12 Yard CE Gang Box 1 Yes X 3 6 18 Yard GE Gang Box 2 Yes X :3 E 18 Yard CE Gang Box 3 Yes X 3 6 is Yard CE Gang Box 4 Yes X 3 6 18 Yard Cf Gang Box 5 Yes X 3 6 18 Yard C7- Gang Box 6 Yes X 3 6 is Yard C- Gang Box 7 Yes X 3 6 18 Yard CE Gang Box 8 Yes X 3 6 18 Yard C= Gang Box 9 Yes X 3 6 Is Yard CE Gang Boz 10 Yes X 3 6 18 Yard CjE Sheetrock Cart 1 Yes X 2 6 12 Trailer GE Trash Cart 1 Yes X 3 6 18 Yard CE Trash Cart 2 Yes X 3 6 18 Yard CE Insulated Blankets 1 Yes X 12 25 300 Yard CE Sandblast Machine 1 Yes X 3 6 18 Shed GE Gas Welder 1 Yes X 2 2 4 Shed CE Electric Welder 1 Yes X 2 2 4 Shed CE Hand Tools Yes X 20 20 400 Trailer CE Diesel Container 1 Yes X 5 8 40 Yard CF- Diesel Container 2 Yes X 5 8 40 Yard C� Diosel Container 3 Yes X 5 8 4D Yard GE Diesel Container 4 Yes X 5 8 40 Yard M Diesel Container 5 Yes X 5 8 40 Yard CE Compressor : 1 Yes X 6 8 48 Yard M Compressor: 2 Yes X 6 8 48 Yard M Generators 1 Yes X 4 4 16 Trailer GE Generators 2 Yes X 4 4 16 Trailer ME Metal Rack 1 Yes X 8 20 160 Yard CR Wood Materials 1 Yes X 40 40 1600 Yard MA Excess Material 1 Yes X 10 20 200 Yard MA Scaffolding 1 Yes X 20 20 400 Yard MA Mortar Mixet 1 Yes X 6 8 48 Yard MA Mortar Mixei 2 Yes X 6 8 48 Yard 00 Finishing Equip 1 Yes X 10 is 160 Shed/Trailer CO Finishing Equip 1 Yes X 20 20 400 Shed/Tr ,r CO Pan Forms 1 Yes X 20 40 8 0 0 Yaro 00 Curb Forms 1 Yes X 12 20 240 Yard Pagc 2 10000 3608 JUL-31-1996 14:19 SCHRADER UENTURE CORP. P.05 Shaw -Lundquist Associates, Inc. Confidential 713 019 6 CO Forming Materlai 1 Yes X Vo 10 100 Yard Concrete Pump Gt 1 Yeas X 4 6 24 Yard W Power Trowels: t Yes X 4 a 16 Shedffrailer 00 Power Trowels' 2 Yes X 4 4 16 Shed/Trailer CD Power Trowels ; 3 Yes X 4 4 16 Shed/Trailer 00 Power Trowels: 4 Yes X 4 4 16 Shed/Trailer 00 Power Trowels ; 5 Yes X 4 4 16 Sheditrailer 00 Power Trowels 6 Yes X 4 4 16 Shed/Trailer 00 Tamper 1 Yes X 3 4 12 Shed/Trailer 00 Tamper 2 Yes X 2 2 4 Shed/Trailer 00 Tamper 3 Yes X 2 2 4 Shed/Trailer 00 Tamper 4 Yes X 2 2 4 Shed/Trailer 00 Power Buggy 1 Yes X 3 4 12 Shed/Yard 00 Power Buggy 2 Yes X 3 4 12 Shed/yard 00 Power Buggy 3 Yes X 3 4 12 Shed/yard 00 Power Buggy 4 Yes X 3 4 12 Shod/yard 00 Power Buggy 5 Yes X 3 4 12 Shed/yard CO Power Buggy 6 Yes X 3 4 12 Shed/yard 00 Concrete Mixer 1 Yes X 3 8 24 Yard CO Concrete Bucket 1 Yes X 6 6 3 6 Yard CO Concrete Bucket 2 Yes X 6 6 36 Yard 00 Concrete Bucket 3 Yes X 6 6 36 Yard 00 Concrete Bucket 4 Yes X 6 6 36 Yard Heaters/Access. Yes X 2.0 20 400 Trailer Hand Tools Yes X 2.0 40 800 Trailer Records Yes X 20 40 800 Trailer 10000 3608 .Mpc Materials Processing Corporation August 20, 1996 Mr. Steven Dorgan City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 TOPIC: REGARDING SHAW- LUNDQUIST CONDITIONAL USE PERMIT As owners of the adjoining business property we are objecting to the conditional use permit proposed by Shaw -Lundquist for outdoor storagg of construction equipment and material. We are enclosing a picture of their current yard storage area which shows equipment and materials which will be moved next door to our facility. It is messy, rusty, and junky looking and is not compatible with properties in the proposed general vicinity. We do not believe it meets the City Code, Chapter 11, "Land Use Regulations" Subd. 4. Conditional Use Permits. #3 (p. 326) which states, "Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general viciniti: and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood." • Compatibility in appearance with the outdoor storage in this area involves storing trailers outside, as does Coca Cola, in a neat orderly fashion. No one else has such a mix of outdoor storage for trash carts, wood materials, scaffolding, pan and curb forms, concrete pump, concrete mixer and buckets, doors carts, sheet rock carts, sandblasting machine, metal racking, finishing equipment, forming materials and excess materials, cranes, boom truck, fork lifts, skid loaders, cargo containers, and barrel diesel fuel containers. It is not compatible in appearance with our property or the adjoining properties. The pictures show that the current outdoor storage is clearly not maintained in a manner that is compatible in appearance with the character of the general vicinity of the Eagandale Industrial Center. Moving from a leased facility to a privately owned facility, which is black topped, will not ensure that this miscellaneous assortment of items, shown in the picture, will be maintained or look any differently when stored out doors next to our facility or the adjoining properties. We know it will lower the value of our property to have the listed equipment and material stored outside next to our property. Russ Crawford, a real estate agent who handles the sale and lease of industrial property in this area, was asked by us how this outdoor storage would impact the value of our property. His words were, "It would not bode well". As individuals we have just invested two million dollars to build our facility in the Eagandale Industrial Center and we do not want to see our property value diminished or impaired. 2805 West Service Road, Eagan, MN 55e- h ( 12) 681-8099 • Fax (612) 681-8106 It will also negatively impact future planned office expansion of our MPC building. Please note, on the attached drawing, the north/east side of the MPC building. There is a glass door/vestibule entry into the space and there is a wall which separates this space from the existing warehouse. This area is designed to be easily joined to the existing office space. At the time we do this office/show room expansion, it is our intent to continue the windows along the east side wrapping around to the north side. With the current proposed outdoor storage we would be staring directly into this messy outdoor storage area. The McKee business property, to the north side of the proposed building, will also have the problem of their existing two story office space looking directly at the proposed outdoor storage. To be compatible with the outdoor storage in the general vicinity we request that the Conditional Use Permit be granted that only the trailers the pick up truck and the 2 ton truck be permitted to park in the proposed outdoor storage area to the rear of the building. We also request that this outdoor storage area of trailers be screened from our property with evergreen trees, along the southern and of the eastern border property line/storage area, in a similar manner to how Coca Cola screen their trailers. This would be in compliance with the City Code Subd. 15 "Landscaping", Subd. F, Screens and Buffers Requirements. #2 (a) states, ...outdoor storage areas shall be screened from ... adjacent differing land use by ....shrubs, deciduous overstory, understory, or coniferous trees or hedge materials. The height and depth of the screening shall be consistent with the height and size of the area to be screened. .... planting shall be such as to achieve seventy-five percent (75%) opacity year- round at maturity. All other listed equipment and miscellaneous materials should be stored inside_an expanded warehouse, in the same way that we and other companies in the Eagandale Park do. (We do realize that there are several companies in the Center who neatly store a single finished product outside. Ex: Tubing) Based on paperwork provided to .the city by Shaw -Lundquist, an additional 6,304 square feet of warehouse would store all the listed equipment and miscellaneous materials inside. The property can accommodate this additional building square footage. We paid the extra money to build a larger warehouse to store such miscellaneous items inside. We request that Shaw -Lundquist be required to do the same. We carefully choose this site because of the planning that had gone into the development and the excellent overall appearance of the Industrial Center. Please do not approve the conditional use permit, as currently written, which will negatively impact the appearance of our property and its' property value. Sincerely, MEls�- Rudolph K. lson Agenda Information Memo September 3, 1996 - Eagan City Council Meeting rkl0 V 101041:701 1 O . SMA *5 03l i ACTION TO BE CONSIDERED: To approve/deny an Conditional Use Permit for Derrick Construction to allow the operation of a dirt pulverizer on property located at the NW comer of Pilot Knob Road and Towerview Road in the NE 1/4 of Section 9 subject to the 15 conditions recommended by the Advisory Planning Commission. FACTS: ► The applicant is proposing to operate a dirt pulverizing machine to process surplus black dirt on the site. Excessive earth material exists on the property and will be relocated off site. The applicant desires to pulverize the dirt on site and sell it to commercial landscaping businesses. The residential property across Pilot Knob Road to the east is approximately 600 feet from the proposed site of operation. Directly to the south is the Unysis site and directly west is Pilot Knob Elementary School and Park. The Advisory Planning Commission conducted a public hearing on the proposed Conditional Use Permit at its regular meeting on August 27, 1996, and recommends approval of the Conditional Use Permit subject to the 15 conditions outlined in the APC minutes. ISSUES: Several residents who live to east of the proposed site have expressed concerns regarding the amount of dust, noise and traffic that will be generated from the proposed pulverizing operation. In addition, concerns were expressed regarding the pulverizer as an appropriate use next to residential, park and school properties. BACKGROUND/ ATTACHMENTS: (2) APC minutes of Au ust 27 1996, ag .�througl�.� l Staff Report, pages throug Page 9 August 26. 1996 ADVISORY PLANNING COMNUSSION CONDITIONAL USE PERMIT DERRICK INVESTMENT, INC. Chairman Miller opened the next public hearing of the evening regarding a Conditional Use Permit for processing fill material (pulverizing black dirt) on property located at the NW comer of Pilot Knob Road and Towerview Road, P.I.D. #10-09000- 011-02 in the NEI/4 of Section 9. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staff s planning report dated August 6, 1996. Mr. Dorgan noted the background and history, the existing conditions and the surrounding uses of this item. The applicant, Roger Derrick, advised that the development on the subject site is currently in the grading process during which it discovered a surplus of black dirt which it wishes to market and sell from the site in a screened condition. Mr. Derrick advised that the pulverizer proposed to be used is not noisy and will not produce dust. He further added that the pulverizer will be in operation only when they have a buyer for a load of dirt. In response to Member Heyl's inquiry, Mr. Derrick advised that even if he is not permitted to operate a dirt pulverizer on the property, the surplus black dirt will still need to be hauled off the subject site which will result in the same amount of truck volume if the dirt was pulverized. Kathleen Murphy, the President of the Homeowners' Association for LeMay Lake Townhomes spoke on behalf of the Association opposing the approval of the conditional use permit. Ms. Murphy advised that the Association objects to the proposed use because of the dirt and dust that will result from the use of the pulverizer. She stated that currently with the normal construction activities on the site has created such a dirt and dust problem on the adjacent homeowners that the added use of a pulverizer will only compound the problem. She also stated that this conditional use permit request is not required but in fact, is optional and to approve it will certainly harm the neighbors who have already put up with an entire summer of inconvenience. Ms. Murphy stated that if the conditional use permit is approved the Association asks that it be conditioned on the hours of operation restricted to Monday through Friday from 7:00 a.m. until 5:00 p.m. and that the applicant pay for street cleaning costs within the townhome development as he is required for City streets. Rosemary Schnieder, a resident homeowner in Townview development, concurred with Ms. Murphy and added that the proposed use is not compatible with the neighboring school and tennis courts. In response to Chairman Miller's inquiry, Mr. Derrick advised that the development will be completed in its entirety in two years, but he added that the grading �S� Page 10 — August 26, 1996 ADVISORY PLANNING CONM1ISSION - of the entire site is substantially completed except for the digging and excavation for each individual building's foundation. The applicant, in response to Chairman Miller's inquiry, again stated that if the surplus black dirt was not pulverized, it would still be hauled off because it cannot be used on the property and in either case, the surplus black dirt will not be removed from the property in one single swoop, but in a piece meal fashion. Member Isberg expressed concern about the extensive time frame in which the proposed use would occur. Mr. Derrick stated that he would agree to shorten the termination date to July, 1997 and would consent to a condition that hours of operation be Monday through Friday, 7:00 a.m. to 5:00 p.m. Member Frank stated that with the existing proposed conditions to guard against excess dust, he would support the recommended approval of the conditional use permit. Member Heyl stated that with the normal construction existing on the site, the dust problem expressed by the residents is a result of the normal construction now, not the proposed pulverizing. Member Heyl, therefore, advised that the applicant could take two years to haul off all the exposed dirt, while the conditional use permit will have a condition that the use of the pulverizer and removal of dirt from the site shall terminate as early as next summer. Member Heyl moved, Member Isberg seconded, a motion to recommend approval of a Conditional Use Permit for processing fill material (pulverizing black dirt) on property located at the NW corner of Pilot Knob Road and Towerview Road, P.I.D. #10- 09000-011-02 10- 09000-011-02 in the NE'/4 of Section 9, subject to the following conditions: If approved, the Conditional Use Permit shall be subject to the following conditions prior to issuance of a conditional use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. The applicant shall provide the City a plan showing dust control measures throughout the site. 3. A $5,000.00 escrow or irrevocable letter of credit shall be deposited with the City to ensure all ongoing conditions of the CUP are performed. The Conditional Use Permit shall be continually subject to the following conditions: 1. The processing operation shall be limited to the location shown on the site plan dated July 26, 1996. 2. The hours of operation shall be limited from 7:00 a.m. to 5:00 p.m. Monday through Friday. Page 11 August 26, 1996 ADVISORY PLANNING COMNIISSION 3. The pulverizer shall not operate when weather conditions will cause blowing dirt and dust off of the subject site. 4. Trucks shall not haul processed dirt when weather conditions will cause blowing dirt and dust off of the subject site. Truck trailers shall be covered when in transit to and from the site. 5. All trucks shall access the site via Towerview Road. 6. The noise levels generated from the site shall not exceed the limitations allowed by City Code for a residentially zoned district. City Code allows noise levels not to exceed 65 decibels during daytime hours for residentially zoned districts. 7. The processed dirt shall be covered at all times or continually watered. 8. The site of operation shall be continually watered. 9. Water equipment used for dust control shall be available on-site at all times. 10. Silt fencing shall be installed around the perimeter of the site to prevent unnecessary erosion associated with the use. 12. The developer shall clear any soil, earth or debris from the streets within or adjacent to the property resulting from the proposed operation on a weekly basis or as needed determined by City staff. The applicant shall be responsible for costs associated with the cleaning of public streets. 13. No earth material or any other product may be imported onto the site for storage or processing. 14. The sale of produce, goods, or merchandise shall not occur on the site at any time. 15. The use of the pulverizer and the transporting of dirt from the site shall terminate on June 30,1997, with no future extension. Chairman Miller stated that he would oppose the motion on the grounds that the operation of a dirt pulverizer is not compatible with the surrounding residential area and that the operation of a dirt pulverizer is an industrial operation proposed in a residential zone. All approved in favor, except Chairman Miller opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 6, 1996 APPLICANT: Derrick Investment, Inc. PROPERTY OWNER: Cottage Homesteads of Eagan, Inc REQUEST: Conditional Use Permit LOCATION: NE 1/4 Section 9 CASE #: 9 -CU -21-7-96 HEARING DATE: August 27,1996 PREPARED BY: Steve Dorgan COMPREHENSIVE PLAN: D -III - Mixed Residential (6-12 units/acre) ZONING: PD - Planned Development Roger Derrick, of Derrick Investment, is requesting approval of a Conditional Use Permit (CUP) to allow the processing of fill material, specifically, the operation of a dirt pulverizer on property located at the NW comer of Pilot Knob Road and Towerview Road in the NE 1/4 of Section 9. Ri�i�IiTs�=IWO City Code Chapter 4, Section 4.30, Subd. 5, F states: Manufacturing or Processing Prohibited Exception. A conditional use permit shall be required for the manufacturing or processing of any material on the site. Conditional Use Permit: City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential Planning Report - Derrick Investment, Inc. August 27, 1996 Page 2 character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Chapter 11, Section 11.40, Subd. 4, D states: In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they may deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. ' In 1975, this property was rezoned from Agriculture to PD (R-3 and R-4). On April 16, 1996, the City Council approved a preliminary subdivision and preliminary planned development for a 63 unit townhome development referred to as Timberwood Village. The City has received an application from Derrick Investment for the final planned development and final subdivision for this site. I M KII II&MKIM-01WOW The 14 acre site is bound by Lone Oak Road to the north, Pilot Knob Road on the east, Towerview Road on the south and Pilot Knob Elementary School on the west. The site topography slopes inward to the center from existing roadways. Site grading and tree removal is currently underway. The following existing uses, zoning and comprehensive guide plan designations surround the subject property: �5 � Planning Report - Derrick Investment, Inc. August 27, 1996 Page 3 North - Zender Acres; zoned R-1 and guided D -I South - Unysis; zoned RD and guided CA East - Lemay Lake Hills Townhomes; zoned PD and guided D -II West - Pilot Knob Elementary and Pilot Knob Park; zoned PF and PK, guided PF and PK The applicant is proposing to operate a dirt pulverizing machine to process surplus black dirt on the site. Excessive earth material exists on the property and is scheduled to be relocated off site. The pulverizing process is anticipated to operate between the months of April and November, commencing upon approval and ending no later than December 31, 1997. The applicant states that up to 30 trucks per day may leave the site depending on demand and availability of the processed black dirt. The City has no history of reviewing a dirt pulverizing operation or similar use within the city. The applicant has operated a similar process in the cities of Lakeville and Apple Valley. According to the Building Official in Lakeville, one dirt pulverizing operation was located 1000' from a residential area and received no complaints throughout the process. Another operation was located adjacent to a business district and received ongoing complaints regarding the dust generated from the operation. No complaints were received regarding noise at either location. The City of Apple Valley was also contacted regarding similar pulverizing operations in that city. According to the Community Development Director, some of the problems associated with a dirt pulverizing operation include; dust control, driveway access, street cleaning, retail sales and hours of operation. Compatibility with Surrounding Area - Provided measures to control dust are incorporated, the proposed use could be compatible with the area. The site is completely surrounded by developed property. The dirt pulverizer would operate at the southwest portion of the subject site. The residential property across Pilot Knob Road to the east is approximately 600 feet from the proposed site of operation. Directly to the south is the Unysis site and directly west is Pilot Knob Elementary School and Park. Landscaping/Screening - No landscaping or screening are proposed for the site. An existing berm located along Pilot Knob Road at the southeast portion of the property will provide some screening of the site. Noise - The applicant states that very little noise will be generated by the operation. No information has been submitted to the City regarding the amount of noise associated with the proposed use. The applicant should take measures to ensure the amount of noise generated by the dirt pulverizer does not affect the surrounding properties. Dust Control - The dirt pulverizer should be operated based on current weather conditions so that no airborne dirt leaves the site. Hauling trucks shall cover the trailers when in transit to and from the site. Planning Report - Derrick Investment, Inc. August 27, 1996 Page 4 Access - Hauling trucks will access the site off of Towerview Road via Pilot Knob Road. The applicant is proposing to operate a dirt pulverizing machine to process surplus black dirt on the site. The property is located directly south and west of existing residential developments, north of the Unysis site and east of Pilot Knob Elementary School and Park. Proper measures should be taken to control noise, dust, and traffic. To approve/deny an Conditional Use Permit for Derrick Construction to allow the operation of a dirt pulverizer on property located at the NW corner of Pilot Knob Road and Towerview Road in the NE 1/4 of Section 9. If approved, the Conditional Use Permit shall be subject to the following conditions prior to issuance of a conditional use permit: The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. The applicant shall provide the City a plan showing dust control measures throughout the site. 3. A $5,000.00 escrow or irrevocable letter of credit shall be deposited with the City to ensure all ongoing conditions of the CUP are performed. The Conditional Use Permit shall be continually subject to the following conditions: 1. The processing operation shall be limited to the location shown on the site plan dated July 26, 1996. 2. The hours of operation shall be limited from 7:00 a.m. to 6:00 p.m. Monday through Saturday. 3. The pulverizer shall not operate when weather conditions will cause blowing dirt and dust off of the subject site. 4. Trucks shall not haul processed dirt when weather conditions will cause blowing dirt and dust off of the subject site. Truck trailers shall be covered when in transit to and from the site. 5. All trucks shall access the site via Towerview Road. 6. The noise levels generated from the site shall not exceed the limitations allowed by City Code for a residentially zoned district. City Code allows noise levels not to exceed 65 decibels during daytime hours for residentially zoned districts. a s Planning Report - Derrick Investment, Inc. August 27, 1996 Page 5 7. The processed dirt shall be covered at all times or continually watered. 8. The site of operation shall be continually watered. 9. Water equipment used for dust control shall be available on-site at all times. 10. Silt fencing shall be installed around the perimeter of the site to prevent unnecessary erosion associated with the use. 12. The developer shall clear any soil, earth or debris from the streets within or adjacent to the property resulting from the proposed operation on a weekly basis or as needed. The applicant shall be responsible for costs associated with the cleaning of public streets. 13. No earth material or any other product may be imported onto the site for storage or processing. 14. The sale of produce, goods, or merchandise shall not occur on the site at any time. 15. The use of the pulverizer and the transporting of dirt from the site shall terminate on December 31, 1997. FINANCIAL OBLIGATION - 9 -CU -21-7-96 10-00900-011-02 There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject, to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None a(� C) SO 11 ��1 a mm mm i •■1'lil:lr Nom: IERR rol no FR. �L ■�r�'rof, eni Lonmg ad Develop :4 1 OP E --ox �c E- Sz O:E L) 0 3 tz CD fill I ON .WV. -, * ') CD zF go o mon ul tj rp IF CY 3 WO 00 r Z Iv fn I ON .WV. -, * ') O ` Zr o �7e meP. yao19 �5lyi s i— ,. �_ SZ�CS9. �yF-r-n .,.. M 14�QLhS4'i:QBI�,.; 1'i _ �,� --'• 8N -6ZST avow 3 cc s ^^ z ��V N7C Or1V qTN =t7C � 6 Opti O w f iI ¢I O L d y = \ C � a7� Y CTEV.. it ppW w= oz� i� z�Fo R� F � 6 f• 6 d r JJ� 0'H' -V"3 z n� W 1� Z J W LU 0 r CL a SALES MANUAL PAGE 100 YtO MAN BULLETIN SS SUPER SCREEN =STM up $CR EIN Lm SUPER SCREENTI SUPER SCREEN -"M d� I8E I" z rM6 —W rr 11�y fir, 4id` 7'c:�e- /jo - 41,. ct�p ` XA� tJ _hlRc.k - �co�s_f'r� ��►'o, s;yf1 `tlti SE ccrnor �.. 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BLOCK 1 THOMAS LAKE CENTER - CAR CARE MUFFLER & BRAKE (RON STOWELL) ACTION TO BE CONSIDERED: ► To approve or deny a Final Planned Development to allow construction of a Car Care Muffler & Brake shop on Lot 4, Block 1, Thomas Lake Center (Blackhawk Park PD) in the SW 1/4 of Section 28. FACTS: ► The original Blackhawk Park PD Agreement does not define specific use restrictions, setbacks, signage or other development criteria. The PD Agreement states that this area should be developed consistent with CSC Community Shopping Center zoning requirements which list automotive service stations as a conditional use. The proposed 4,320 s.f. Car Care Muffler & Brake shop will contain four service bays and an office/waiting area. The shop will provide "under car" services to the general public and business clients. ► The CSC zoning district is intended to provide uses that serve the weekly needs of adjoining residential development. Whether a cluster of auto -oriented uses is appropriate in this location and whether the proposed muffler and brake shop is oriented to the weekly needs of surrounding residents should be considered. ► The site plan meets or exceeds setback and parking requirements for the CSC zoning district. The building is designed to match Thomas Lake Center and Video Update in terms of materials and style. ► Proposed signage consists of wall signs on the east, north and south facades. All signs are consistent with the size provisions in the Sign Code, however, wall signs proposed on the north and east facades do not face a public street as required in the Sign Code. Therefore a deviation from the provisions of the Sign Code is required to allow these two signs. Staff notes that these wall signs are proposed in lieu of a monument sign would is allowed by Code. ► The Advisory Planning Commission conducted a public hearing to review the requested Final Planned Development at their meeting on August 27, 1996 and recommends approval of the Final Planned Development to allow construction of a Car Care Muffler and Brake shop on Lot 4, Block 1 Thomas Lake Center subject to the conditions listed in the APC minutes. ISSUES: ► The applicant is proposing to relocate three existing trees from the green area along Cliff Road to the west side of their lot. Moving the trees would make their building more visible A small cluster of shrubs would be planted where the trees are removed. Staff suggested that the existing trees should remain and additional shrubs should be planted to better screen the parking lot. The APC requested that the applicant work with staff to revise the landscape plan prior to the City Council meeting. ► Staff and the applicant have agreed on a revised -' landscape plan (handout at meeting) that allows relocation or removal of two existing trees in return for additional shrub plantings. ATTACHMENTS: Staff report, pages Athrough / Minutes of the August 27, 1996 APC meeting, pages'? t r a�� Page 14 August 26, 1996 ADVISORY PLANNING CON IISSION FINAL PLANNED DEVELOPMENT CAR CARE MUFFLER & BRAKE Chairman Miller opened the next public hearing of the evening regarding a Final Planned Development to allow construction of a muffler and brake shop on Lot 4, Block 1, Thomas Lake Center located east of the Texaco station on Cliff Road and Thomas Center Drive in the SWV4 of Section 28. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated August 21, 1996. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham. Ron Stowell, the applicant, stated that he currently owns several Car Care Muffler & Brake shop businesses in Iowa and wishes to expand in the Twin Cities area. He stated that as a resident of Eagan, he desires to put his first store in Minnesota in the City of Eagan. Robert Stowell, father and co-owner, stated that Car Care Muffler & Brake shop is a quality company with quality products. He stated that the proposed location of the store will be beneficial in that their customers will visit the neighboring retail shops as they wait for their cars to be serviced. Robert Stowell stated, however, that the applicant requests a revision to the staffs suggestions regarding the landscape plan to allow the removal of trees along Cliff Road to provide more visibility to the building. Mr. Stowell indicated that the applicant is agreeable to work with City staff to resolve this issue before the City Council meeting. Member Segal moved, Member Heyl seconded, a motion to recommend approval of a Final Planned Development to allow construction of a muffler and brake shop on Lot 4, Block 1, Thomas Lake Center located east of the Texaco station on Cliff Road and Thomas Center Drive in the SW'/4 of Section 28, subject to the following conditions: 1. The Final Planned Development for Lot 4, -Block 1, Thomas Lake Center will include a 4,320 s.f. Car Care shop and 57 parking spaces, landscaping, signage, lighting, and building materials as shown on plans submitted. 2. Recording of a cross -parking agreement at Dakota County to allow the proposed parking lot to adjoin the existing parking lot to the east. 3. The applicant will work with City staff to modify the landscape plan. 4. Execution of a Final Planned Development Agreement prior to commencement of site development activities. All approved in favor. 0"'I PLANNING REPORT CITY OF EAGAN REPORT DATE: August 21, 1996 APPLICANT: Ronald Stowell PROPERTY OWNER: Eagan Center Assoc REQUEST: A Final Planned Development CASE ##: 28 -FP -32-7-96 HEARING DATE: August 27, 1996 PREPARED BY: Julie Farnham LOCATION: Lot 4, Block 1, Thomas Lake Center COMPREHENSIVE PLAN: CSC (Community Shopping Center) ZONING: PD (Planned Development) SUMMARY OF REQUEST Ronald Stowell is requesting approval of a Final Planned Development to allow construction of a Car Care Muffler and Brake shop on Lot 4, Block 1, Thomas Lake Center in the Blackhawk Park PD. This site is located on the south side of Thomas Lake Center, just east of the Texaco station in the SW 1/4 of Section 28. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40 Subd. 6, D., Final Development Plans, states: "Prior to the construction or the issuance of building permits, the following information shall be approved. This may be approved in stages as development ensues". 1. Final Plat: This shall be in accordance with Chapter 13 of the City Code and revisions thereto. 2. Final Building Drawings and Specifications: These shall be presented to the Building Inspector for review and recommendation to the Planning Commission and Council. 3. Final Site Plans and Landscape Schedule: These shall be presented to the City staff for review and recommendation to the Planning Commission and Council. These shall be scaled drawings and include all site detail. BACKGROUND/HISTORY The original planned development proposal for the -600 acre Blackhawk Park Planned Development was submitted to the City in 1972 as "Eagan 500". The Blackhawk Park Planned Planning Report - Car Care Muffler & Brake August 27, 1996 Page 2 Development Agreement was executed in June 1977 for a 15 year term, expiring in June 1992. To date, no action has been taken to formally terminate the Planned Development. The Agreement designates this site for commercial development (CSC - Commercial Shopping Center). However, no specific plans or guidelines are. stipulated in the agreement to provide further direction for development of this property. No previous development has occurred on this lot. This site is one of the last undeveloped lots in the commercial portion of the Blackhawk Park PD. EXISTING CONDITIONS The site is currently paved and is used as part of the parking lot for Thomas Lake Center. There are some existing parking lot islands within the site and around its perimeter. The site is accessed via drive aisles through the shopping center parking lot. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Thomas Lake Shopping Center; zoned PD, guided CSC South - Cliff Road and single family residential; zoned PD, guided D-1 East - Video Update; zoned PD, guided CSC West - Texaco station; zoned PD, guided CSC EVALUATION OF RE UEST If approved, the proposed site plan will constitute the Final Planned Development for Lot 4, Block 1, Thomas Lake Center (Blackhawk Park PD), which requires the developer to submit the following plans: * Final Site Plan * Final Building Elevations * Final Sign Plan * Final Landscape Plan Because the property has already been platted, the proposed site plan will achieve Final Planned Development status when it has been reviewed by the Advisory Planning Commission and approved by the City Council and the Final Planned Development Agreement has been executed. Proposed Use The applicant is proposing to construct a Car Care Muffle and Brake shop that provides "under car" services to the general public and business clients. Work performed consists primarily of replacement of mufflers, catalytic converters, shock absorbers, wheel bearings, and repair/replacement of brake systems. Planning Report - Car Care Muffler & Brake August 27, 1996 Page 3 The proposed 4,320 s.f. building will contain four service bays and a 640 s.f. office/waiting area. According to the applicant, normal business with be from 8 a.m. to 6 p.m. Monday through Saturday. The facility will employ one manager and up to six technician/mechanics. Car Care Muffler and Brake is an independently owned and operated business. Because the original Blackhawk Park PD Agreement does not define specific use restrictions, setbacks, signage or other development criteria, the proposed use will be evaluated relative to the requirements of the CSC zoning district. Compatibility with Surrounding Area - Automotive service stations are listed as a conditional use in the CSC zoning district. As such, this proposal will be reviewed as a CUP. The proposed muffler and brake shop meets the automobile service station standards outlined in the Zoning Ordinance. The objective in reviewing conditional uses is to ensure compatibility in terms of intensity of use, traffic volume and other impacts. The proposed muffler and brake shop is similar in intensity to surrounding auto -oriented uses. If this use is approved, Thomas Lake Center will contain three automobile service facilities. In fact, three of the four outlots on the south side of Thomas Lake Center would be devoted to auto -oriented uses. The uses are, however, complementary to one another. The CSC zoning district is intended to provide uses that serve the weekly needs of adjoining residential development. The APC may want to consider whether a cluster of auto -oriented uses is appropriate in this location and whether.the proposed muffler and brake shop is geared toward the weekly needs of surrounding residents. Setbacks - All building and parking setbacks meet or exceed code requirements for the CSC zoning district. The building is proposed to be setback 50 feet to line up with Video Update. ParkindAccess - City code requires 12 parking spaces based on the rate for motor fuel stations (4 spaces plus 2 per service stall). The proposed site plan includes 57 stalls. It is anticipated that some stalls will be used by Thomas Lake Center customers, even though the shopping center parking lot meets code requirements for number of stalls. All stalls and drive aisles meet code requirements for length and width (10'x18' and 24'). Access to the site will be from existing internal drive aisles within the shopping center parking lot. A connection is proposed to the existing parking lot to the east. A cross parking agreement/easement will be needed. As proposed on the site plan, patrons would enter the lot from the north. The entrance to the services bays will be on the east facade Landscape Plan/Tree Preservation - The applicant intends to utilize the existing landscaping in the green area fronting on Cliff Road which consists of a mix of evergreen and deciduous trees. The existing landscaping will be supplemented with plantings around the building and around the parking lot perimeter. The landscape plan submitted indicates relocation of some existing trees Planning Report - Car Care Muffler & Brake August 27, 1996 Page 4 from the green area along Cliff Road to the west property line. Staff recommends that the existing trees remain in place and new trees be planted along the west property line. In addition, some shrubs should be planted along the south edge of the parking lot to better screen the cars. Building Materials - The Blackhawk PD Agreement does not ,specify architectural standards; however, building materials and colors are proposed to match Thomas Lake Center and Video Update. All building facades will be brick with a stucco sign band. Rock face block will be used around the base of the building. The front (east) facade has a peaked gable which contains a wall sign. This is consistent with the architectural treatment of Video Update and Thomas Lake Center. The elevations include dark stucco panels in the area above the sign similar to Video Update. The gable roof above the main entrance will be covered with metal ribbed roof to match Video Update and the shopping center. Trash/Recycling Enclosure - The trash/recycling enclosure is attached to the west side of the building, with the access gates facing north. It will consist of 6 foot high walls of the same brick and rock face block as the building. Signage - Proposed signage consists of wall signs on the east, north and south facades which face Video Update, Thomas Lake Center and Cliff Road, respectively. The sign on the east facade (126 s.f.) faces into the shopping center parking lot and does not face a public street. As such, the applicant is requesting a deviation from the sign code to allow a sign on the east (front) facade. A similar deviation was granted to Video Update to allow a sign on their front facade. The applicant would also like a deviation to allow a sign on the north facade (56 s.f.) which does not face a public street. This sign is intended to be in lieu of a monument sign which would be permitted. A 60 s.f. sign is also proposed on the south facade facing Cliff Road which is allowed by the Sign Code. All wall signs consist of individual channel letters that are internally illuminated. All signs are consistent with the size provisions in the Sign Code. Grading - The site is currently paved and therefore flat. Proposed grading will be minimal. Storm Drainage and Utilities - The site is served by existing storm sewer, sanitary sewer and water lines. Park Dedication - Park dedication has been fulfilled for this PD. The APRNRC is recommending a cash dedication for trails. SUMMARY/CONCLUSION The proposed muffler and brake shop is similar in intensity as the existing auto -oriented uses in Thomas Lake Center. The proposed development meets the standards for automobile service stations identified in the zoning ordinance. The proposed building design is compatible with Planning Report - Car Care Muffler & Brake August 27, 1996 Page 5 cluster of auto -oriented uses is appropriate in Thomas Lake Center. The applicant is requesting a deviation from the Sign Code to allow signs on the north and east facades which do not face a public street. The wall signage proposed for this development is consistent with the size requirements of the Sign Code but additional signage is requested on the north and east facades. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Final Planned Development to construct a Car Care Muffler and Brake shop on Lot 4, Block 1, Thomas Lake Center, subject to the following conditions: The Final Planned Development for Lot 4, Block 1, Thomas Lake Center will include a 4,320 s.f. Car Care shop and 57 parking spaces, landscaping, signage, lighting, and building materials as shown on plans submitted. 2. Recording of a cross -parking agreement at Dakota County to allow the proposed parking lot to adjoin the existing parking lot to the east. Modification of the landscape plan to retain all existing trees in the green area south of the proposed building and add a cluster of shrubs along the south edge of the parking lot. 4. Execution of a Final Planned Development Agreement prior to commencement of site development activities. 0�� H DAY 01�:IIis] i■111 Is 1� lTiiiC:1:1!T emilir.19 :1 OM :1 E unt zoning ad Develon A 11 I 0 11 I z ira:jeIa,"I . • I . :�Zl�l:�]III�II�I�II►�L's��I�]�]�]I r • Im,.1.AM A 11 f Nei E i i i €e oa la Ln 0 m glz 'Tu ,r S, Of QTR 5 r t �� a a � � 6a6 f f �zv► b�3ssr a 3 ^► n P i F r P1 P P Pfv>+•�^-P ►, r r:: e � � t `ii - ► �iriri"$ ��nil ; ' � t � 1 � F - r it � t l�tl tttt� tjI �tFfK�; r �F"`s�`p C ! ! ! �I�IIII��I; Car Care Muffler and Brake Eagan, Mhwwsota IL W 77 n Of QTR 5 r t �� u- 11 11 11 1 II ;I 1 11 y 1� Z 11 11 II �, II 11 11 11 11 11 11 II 11 11 11 11 11 11 'i 11 11 11 II E r� t ► f r.r• r -w I• i 1 V. ILII r.r �1tl 1 I � NII � 1 1 ill u- 11 11 11 1 II ;I 1 11 y 1� Z 11 11 II �, II 11 11 11 11 11 11 II 11 11 11 11 11 11 'i 11 11 11 II E Car Care Muffler and Brake Eagan, Mkmsota 3 4 r� t ► f r.r• r -w I• i 1 V. Cm r.r 1 I � � 1 1 1 y 1 ® �1; E1° Car Care Muffler and Brake Eagan, Mkmsota 3 4 i ► f < I• i g�aNt V. Cm Agenda Information Memo September 3, 1996 Eagan City Council Meeting H. CONSIDERATION OF PROPOSED 1997 PROPERTY TAX LEVY tQPOSEI) 1997 BUDGET: SET TRUTH IN TAXATI.ON HEARING= DATES ACTION TO BE CONSIDERED: (All items are being considered at this meeting. Final certification will be made at the special meeting to be held September 12, 1996, pending the results of the Park Bond Referendum). 1. Approve the preliminary 1997 ad valorem tax levy as follows: City Operations/Debt Service $13,380,061 Op -Out Transit $ 1,738,193 Cedarvale Special Services District $ 11,792 Park Referendum (Market Value Levy) $ 406,300 2. Approve the preliminary 1997 budget balanced at $15,972,000. 3. Preliminarily approve the Truth in Taxation dates as follows: 1) Initial Hearing -- Wednesday, December 4, 19960} 2) Continuation Hearing -- Wednesday, December 11, 1996 3) Subsequent (Adoption) Hearing --Monday, December 16, 1996 (2) ')Regular meeting rescheduled from Tuesday, December 3, 1996 (') Regular meeting rescheduled form Tuesday, December 17, 1996 FACTS: ► The City Council is required by law to certify the levy, proposed 1997 budget and truth in taxation hearing dates to the County on or before September 16, 1996, for the 1997 taxes and budget. ► The City Council reviewed the proposed budget at a special meeting on August 26, 1996, and at a special meeting on September 3, 1996. ► The County will use the certification information to mail truth in taxation notices between November 10 and November 22, 1996. ► Both the levy and budget will continue to be reviewed prior to final adoption in December. ► The property tax levy can be decreased but cannot be increased while the budget can continue to be adjusted after this certification. Agenda Information Memo September 3, 1996 Eagan City Council Meeting ATTACHMENTS: General Fund Comparative Summary of Expenditures - 1997 on pages_ General Fund Comparative Summary of Revenues - 1997 on pag(,,M— 97EXPSUM.WK4 GENERALFUND COMPARATIVE SUMMARY OF EXPENDITURES 08/28/96 PUBLIC SAFETY 11 Police 4,433,416 4,709,532 5,024,500 5,442,700 5,711,800 Prelim 12 Fire 814.080 808.408 851,000 888,500 917.700 3.3% Admin 5,247,496 5,517,940 5,875,500 Actual Actual Budget Budget Recommd Increase 1993_ 1994 1995 1996 1997 96 to 97 GENERAL GOVERNMENT 950,300 5.3% 22 Streets and Highways 880,468 859,530 966,800 01 Mayor and Council $83,630 $94,169 $94,700 $98,200 $101,300 3.2% 02 Administration 483,502 546,772 563,600 616,900 659,200 6.9% 03 Data Processing 331,824 324,016 373,500 381,500 497,000 30.3% 05 Finance/City Clerk 745,758 842,602 847,900 890,600 893,700 0.3% 06 Legal 355,283 241,302 315,800 315,800 315,800 0.0% 07 Community Development 1,323,238 1,298,735 1,256,200 1,284,800 1,361,200 5.9% 10 Cable TV 66.872 74,910 78.800 32,200 33,800 5.0% 455.600 497,100 3,390,107 3,422,506 3,530,500 3,620,000 3,862,000 6.7% PUBLIC SAFETY 11 Police 4,433,416 4,709,532 5,024,500 5,442,700 5,711,800 4.9% 12 Fire 814.080 808.408 851,000 888,500 917.700 3.3% 5,247,496 5,517,940 5,875,500 6,331,200 6,629,500 4.7% PUBLIC WORKS 21 Engineering 774,102 810,010 866,200 902,400 950,300 5.3% 22 Streets and Highways 880,468 859,530 966,800 961,300 1,045,600 8.8% 24 Central Services Maintenance 372.000 371,684 327,400 346,600 365.500 5.5% 2,026,570 2,041,224 2,160,400 2,210,300 2,361,400 6.8% PARKS AND RECREATION 31 Parks and Recreation 1,639,795 1,839,429 1,953,200 2,074,300 2,184,200 5.3% 32 Forestry 124.816 176,292 181,300 191,400 212.900 11.2% 1,764,611 2,015,721 2,134,500 2,265,700 2,397,100 5.8% GENL GOVT BUILDING MAINT 33 Building Maintenance 0 0 366.300 455.600 497,100 9.1% 0 0 366,300 455,600' 497,100 9.1% OTHER 41 Contingency - Undesignated 0 108,000 198,200 199,100 199,100 0.0% Contingency - Designated Q 0 0 0 225.000 ERR 0 108,000 198,200 199,100 424,100 113.0% TOTAL GENL FD EXPENDITURES $12.428.784 13.105.391 14 15.081.900 16,171,200 7.2% 8/26/96 Adjustments 1. Remove 1/2 clerical -Engineering 2. Remove 1/2 Herman Miller furniture 3. Reduce designated contingency Sub -total Reductions REVISED TOTAL (16,300) (32,900) 15( 0.000) (199,200) 5.9% 97REVSUM 1997 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 08/28/96 1994_1 1995 1996 1997 Original 8/26/96 Actual Actual Budget Estimate Revision General Property Taxes $ 8,754,716 $ 9,272,291 $ 10,251,700 $11,109,300 $10,910,100 Licenses 98,595 105,591 98,400 118,900 118,900 Permits 934,911 812,975 611,600 594,300 594,300 Intergovernmental Revenues 1,732,434 2,082,154 1,916,500 2,045,400 2,045,400 Charges for Services 943,041 757,268 459,600 620,700 620,700 Recreation Charges 311,768 320,436 294,600 326,600 326,600 Fines & Forfeits 154,958 240,710 200,000 200,000 200,000 Other Revenues 355,932 501,236 329,700 289,400 289,400 Program Revenues 923,450 721,640 770,200 717,600 717,600 Transfers 134,112 121,246 149.600 149.000 149.000 TOTAL GENERAL FUND $ 4.343.917 $ 94.935.547 $ 15.081.900 $16.171200 $15.972.000