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06/19/2001 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JUNE 19, 2001 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE DJ 1 II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS P~ • .Z A. Police Department recognition of George Martin, Larry Kraning and Carol Thomas .3 B. Presentation of Check from AT&T for Storm Water Mitigation IV. CONSENT AGENDA P• A. APPROVE MINUTES B. PERSONNEL ITEMS P • a #4 C. APPROVE Minor Subdivision, Garden wood Ponds Fifth - Saleem Raza ,13 D. APPROVE Final Plat and Final Planned Development, Eagan Senior Housing Second Addition, Dakota County CDA. p . J / E. APPROVE Final Plat, Town Centre 100-19 h Addition - Dr. Paul Becker P . ,33 F. APPROVE Contract 01-11, Plans and Specifications / Authorize Ad for Bids (Dodd Road - Street and Utility Improvements) P. G. APPROVE Contract 01-13, Plans & Specs/Authorize Ad for Bids (July 2000 Storm Sewer Improvements - Misc. Areas 1, 3, 4, 9 & 10) ~..3S H. APPROVE Project 814, Traffic Signal Agreement, (Diffley Road & Johnny Cake Ridge Road) I. APPROVE Contract 99-05, Final Payment/Authorize City Maintenance (Johnny Cake Ridge / Road, Diffley to Deerwood - Street & Utility Improvements) P • ,j J. APPROVE Contract 99-10, Final Payment/Authorize City Maintenance (Wescott Road & Lexington Avenue - Traffic Signal Improvements) • 3 K. APPROVE Contract 00-04, Final Payment/Authorize City Maintenance (Duckwood Drive, Denmark Ave to Lexington Ave - Street & Utility Improvements) • .3 9 L. SCHEDULE Public Hearing to establish Cedar Grove Redevelopment Tax Increment Financing District p l/,; M. RECEIVE Final Assessment Roll and Schedule a Public Hearing - Project 749, Hwy. 55 South • Frontage Road - Street and Utilities p • 43 N. RECEIVE Final Assessment Roll and Schedule a Public Hearing - Project 784R - Louis Lane - Streets and Utilities 4f0. APPROVE Liquor License Address Change - (Big Top Liquor) 1282 Town Centre Drive to 1284 Town Centre Drive • q7 P. ACCEPT Resignation of ARC Commissioner John Clark and Authorize an ad for a Replacement P • qe Q. APPROVAL of License Renewals ~p• ~!Q R. VACATE Public Drainage & Utility Easement (Lot 3, Block 1, Unisys Park Addition. (Northwest Airlines) P1 yLV. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR YEAR ENDING • SI DECEMBER 31, 2000 VI. PUBLIC HEARINGS P. ,S5 A. VARIANCES for building setbacks and parking setbacks resulting from the expansion of Lexington Avenue, City of Eagan. Variances for properties located at 1110 and 1101 Town Centre Drive, 3130 and 3165 Lexington Avenue South, 1090 Gemini Road and 3225 and 3255 Neil Armstrong Blvd. P • ~j J-B. PROJECT 804, Clearview Addition - Storm Sewer Improvements VII. OLD BUSINESS W3 A. DESIGN DEVELOPMENT PLANS for Community Center Building: Authorize Plans and Specifications B. DESIGN DEVELOPMENT PLANS for Central Park Site: Authorize Plans and Specifications g,s C. ORDINANCE AMENDMENT - Chapter 5, Section 5.33 (Liquor License Restrictions and Regulations). T V D. PLANNED DEVELOPMENT Amendment - Walter R. Dedrick - A Planned Development Amendment to Allow Community Shopping Center uses on Lot 3, Block 1, Thomas lake Center (Video Update), located at 1555 Cliff Road in the SE of Section 28. 93 E. REVIEW STATUS of Storm Drainage Mitigation Improvement (Miscellaneous Studies) f /Oy- F. ARC Recommendation Regarding MAC Part 150 Sound Insulation /0 ` G. PRIMARY ELECTION ORDINANCE (Requested to be continued) VIII. NEW BUSINESS /D T A. COPS Grant for Vale Education Center P/,Z B. PRELIMINARY SUBDIVISION, TWO CONDITIONAL USE PERMITS AND A VARIANCE P -Four Paws Pet Resort. A Preliminary Subdivision (Four Paws Addition) to create one lot and one outlot, a Conditional Use Permit to allow a pet care kennel, a Conditional Use Permit for a pylon sign and a Variance to the building setback requirement from public right-of-way, for property located on Old Sibley Memorial Highway, east of Sibley Court and west of Cedar Freeway in the SW of Section 19. P C. PRELIMINARY SUBDIVISION - KENNETH GREENE A Preliminary Subdivision (Verdant Hills Third Addition) to create two lots, and a Variance to the side yard setback on Lot 1, located at 3582 Woodland Court in the NE '/4 of Section 14. & D. LOCAL TRANSIT TAX LEVY OPTION /1,7 E. CONSULTING ENGINEERING SERVICES SCHEDULE P ~&9 F. ORDINANCE AMENDMENT - Chapter 5, Section 5.02 (Liquor Sales Violations) P.~ mG. ORDINANCE AMENDMENT - Chapter 6, Section 6.34 (Tobacco Sales Violations) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads B. Storm Update C. Central Park Update / Community Center Project XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. i MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 15, 2001 SUBJECT: AGENDA INFORMATION FOR JUNE 19, 2001 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 19, 2001 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 19, 2001 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. POLICE DEPARTMENT RECOGNITION OF LARRY KRANING, GEORGE MARTIN, AND CAROL THOMAS ACTION TO BE CONSIDERED: Recognition of three individuals for exemplary service to the City of Eagan and Eagan Police Department FACTS: • The behavior recognition committee of the Eagan Police Department recently met to consider awards nominations submitted by department members. • The committee recommended that 8 police officers and 3 citizens be recognized for exemplary service to the community. • The 8 police officers and Eagan resident Carol Thomas were presented with awards at a ceremony on May 15th • All 3 citizen awards are being presented at the June 19th City Council meeting so that the Council and general public are aware of the contributions of the 3 citizens to public safety in Eagan. • The 3 citizens awards are: • Pastor George Martin. For service with the Eagan Police Chaplain Corps. • Mr. Larry Kraning. For service with the Eagan Citizen's Crime Prevention Association. • Ms. Carol Thomas. For assistance to the department on numerous occasions in response to horses and other large animals running on Eagan roadway areas. ATTACHMENTS: ■ None Agenda Information Memo June 19, 2001 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS B. PRESENTATION OF CHECK FROM AT&T FOR STORM WATER MITIGATION This item will be provide in the Additional Information sent out on Monday. j Agenda Information Memo June 19, 2001 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the June 5, 2001 regular City Council meeting, the June 5, 2001 Listening Session and the May 22, 2001 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 5, 2001 regular City Council meeting are enclosed on pages l~ through ~ -I . • Minutes of the June 5, 2001 Listening Session are enclosed on page. • Minutes of the May 22, 2001 special City Council meeting are enclosed on pages through. I Minutes of a Special Meeting of the Eagan City Council Tuesday, May 22, 2001 Page 1 of 4 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL TUESDAY, MAY 22, 2001 5:00 P.M. EAGAN MUNICIPAL CENTER COMMUNITY ROOM Present: Acting Mayor Bakken, Councilmembers Carlson, Fields and Tilley, Assistant City Administrator Duffy, Director of Parks and Recreation Vraa, Acting Building Official Schoeppner, Superintendent of Recreation Asfahl, Superintendent of Parks Olson, Parks Planner Lilly, Research and Special Projects Wielde, Administrative Specialist Hertel. Commission members: Peterson, Rudolph, Davis, Danner, Wright, Pletcher, Williams, Bari. ROLL CALL AND AGENDA ADOPTION Acting Mayor Bakken called the meeting to order at 5:00 p.m. VISITORS TO BE HEARD No members of the audience asked to speak about any issues not on the agenda. STATUS OF DESIGN & DEVELOPMENT FOR COMMUNITY CENTER FACILITY PROJECT Director of Parks and Recreation Vraa gave an overview, noting the June 5 regular City Council meeting as the target date for approval. Mr. Bill Armstrong of TKDA presented the design development package, including electrical, mechanical and plumbing specifications for the building. Councilmember Fields inquired about the bathrooms and the stairwell. Mr. Mark Bodien of Moody- Nolan stated that the stairwell had been widened and that the bathrooms were handicapped-accessible, according to ADA standards. Director of Parks and Recreation Vraa commented that the teens had requested ceiling accommodations to hang plants in their space. Councilmember Carlson inquired about access points considering the regulated areas of the building. She further inquired about the kitchen space, commenting that the Council had envisioned a more multi-dimensional space. Director of Parks and Recreation Vraa stated that the kitchen had always been identified as a catering kitchen and would fall under different guidelines than a cooking kitchen, primarily due to issues of handling grease. After a brief discussion, the Council concurred that the facility manager should work with groups to determine how they can use the space for their intended purpose without violating code regulations. Mr. Scott Everson of Stahl Construction stated that a full cooking kitchen would cost up to three times as much to install as a catering kitchen. S Minutes of a Special Meeting of the Eagan City Council Tuesday, May 22, 2001 Page 2 of 4 Mr. Mark Bodien of Moody-Nolan showed the Council a selection of materials for the building's exterior. Councilmember Carlson stated that brick should not be used extensively on the exterior. Acting Mayor Bakken stated that a combination of stucco and stone would be appropriate. He further asked that the stucco/stone and one alternative combination of materials be brought back to the Council for consideration. Director of Parks and Recreation Vraa reviewed the site grading plan and options for soccer fields. Acting Mayor Bakken suggested that the Site Design Team review the options and make it work with the budget before seeking full Council approval. JOINT ADVISORY PARKS & RECREATION COMMISSION MEETING TO DISCUSS THE 2002-2006 PARKS C.I.P. Director of Parks and Recreation Vraa gave an overview, noting that the CIP is driven by the Park Site Fund Balance. Superintendent of Parks Olson presented the current and future CIP projects. Acting Mayor Bakken suggested the Council discuss Moonshine Park first to accommodate the guests in the audience who wished to speak. Director of Parks and Recreation Vraa stated that the Parks Commission envisioned a retreat facility using the home on the former Don Grant property. He commented that the only current access is through a private road, but that access would be closed off, to be used only for emergency purposes and an entry to the south would be created. Councilmember Fields inquired if the parking ratio was smaller than average. Director of Parks and Recreation Vraa responded that the ratio was 5 spaces above the required amount. Mr. Dave Bartosh, the neighbor to the north of the property in question, urged the city to explore whether or not to connect to city utilities. He also inquired about how the City would block access to the private road. Director of Parks and Recreation Vraa described options for using hedges and landscaping as a barrier in addition to closing the road to non-emergency vehicles. Councilmember Tilley inquired about who would be able to use the facility. Director of Parks and Recreation Vraa stated that it would be treated like other public facilities, but that they would likely market it to youth groups in the area. Mr. Bartosh inquired about a timeline for developing the project. Director of Parks and Recreation Vraa stated that the developments to the home would likely occur in 2002. In reviewing the proposed CIP, Councilmember Bakken inquired about the quarter million allocation for North Park, noting that the amount may change. Commission Member Terry Davis inquired about the value of the park and the Council's intentions to sell. Councilmember Bakken noted that portions of the property are not buildable. 6 I Minutes of a Special Meeting of the Eagan City Council Tuesday, May 22, 2001 Page 3 of 4 Councilmember Tilley noted the need for more soccer fields. Director of Parks and Recreation Vraa stated that a study on the value of the property would be done and estimated the value at $70,000-$80,000 per acre, but that depended on intended use and the ratio of usable to unusable land. Commission Member Dorothy Peterson stated that the North Park matter should be discussed thoroughly and take into consideration the potential loss of recreation space at Blue Cross. She recommended not selling the property. Acting Mayor Bakken stated that the property is not ideal for recreation purposes because of location. Commission Member Davis asked if the Council had considered other parcels to use for additional fields. Acting Mayor Bakken responded that they are still in the process. Commission Member Peterson stated that the Parks Master Plan calls for an additional youth recreation space in north Eagan. Councilmember Fields stated that North Park should be retained as a recreation option. Councilmember Carlson stated that the park should not be sold to subsidize the flood projects, but that other funds should be sought. Commission Member John Rudolph noted that next year lacrosse would probably be recognized as a high school sport, thereby further increasing demand on public recreation spaces. Councilmember Carlson stated that rugby and cricket were also increasing in popularity. Commission Member Rudolph stated that developments have consumed the bulk of the remaining land in Eagan. He further noted that preservation for the sake of preservation is a worthwhile undertaking. Councilmember Fields inquired about the potential for a skate park in Eagan. Director of Parks and Recreation Vraa referred to an earlier presentation by Research and Special Projects Wielde, noting that many of the liability issues that had been assumed had been resolved by the idea of a Tier I facility instead of a Tier II facility. He stated that additional studies are underway to determine demand and interest for a skate park, while the commission simultaneously considers possible sites, including Goat Hill and Sky Hill. A brief discussion of the differences between Tier I and Tier II skate parks ensued. Director of Parks and Recreation Vraa stated that the Commission would have a recommendation to the City Council sometime in the summer. OTHER BUSINESS Commission Member Joe Bari commented that he would like to see the Advisory Parks and Recreation Commission recognized occasionally for their role in the approval of development projects. He noted that the commission reviews the projects and puts forth a great deal of work. Councilmember Carlson requested that the APrC minutes be included with the APC minutes when development proposals are submitted to the City Council. ADJOURNMENT The meeting adjourned at 7:30 p.m. i Minutes of a Special Meeting of the Eagan City Council Tuesday, May 22, 2001 Page 4 of 4 Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. L MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 5, 2001 Mayor Awada opened the June 5, 2001 Listening Session at 5:30 p.m. in the Community Room of the Eagan Municipal Center. Present were Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley. Paul Kaster, 4928 Slater Road, discussed damage which has occurred to his property on several occasions due to accidents by intoxicated drivers. He requested the Council consider changes be made to Slater Road and offered options. Council discussed the situation and directed City Administrator Hedges and staff to met with Mr. Kasler to discuss alternatives. Al Baker, of Al Baker's Restaurant and Tim Dunn of Best Western - Yankee Square Inn discussed their concern and opposition to the July 4th parade route, stating it will have negative impact on their businesses during the hours of the parade. Mayor Awada explained the reasoning for the selected parade route. City Administrator Hedges stated that notices would be mailed out regarding the route of the parade. The Listening Session was adjourned at 6:15 p.m. Date Deputy City Clerk L bIIN L'TES Q~F x , 4#'1E'} \ G OF THE ?~+A~ CI II, COL'S( : Eagan, Afinnesota June 5, 2001: A regular meeting of the Eagan City C'8icr `i('3~:?okttfyesda} , June 5, 2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada anil' iu Gy r ojttFKs Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. AGENDA Mayor Awada announced that the &-6*Wtftg-iti c$;wiZfse icoued: , Old Business: B. Design Development plans for Commute 00$pter Bu t C. Design Development plans for Pt3~ flit!: New Business A. Historical Society - Consider Terms of Office Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Ave: 5 Nay:0 RECOG?410NS:~t?i PRESENTATIONS City Administrator Hedges discussed re~•ent recogtiitlori'of .Mayor Awada ana Brian Carey by City Business for being honored as a recipient of theL:Under Councilmember Bakken presentet~ e''to •Mayor Awada. Brian Carey was unable to attend the meeting. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 15, 2001 regular Ciry Council meeting, the Ma} l5. 2001 Listening Session minutes;:anr •t ? paA tq .Qf. heN9ay 8, 2001 Special City Council Meeting. B. Personnel Items. , I . It was recommended to approve the hi rinp':o'1'~afe'Scfroeppner as the Chief Building Official. 2. It was recommended to approve the hiritt Greg Letr.r as a utility maintenance worker. 3. It was recommended to approve the hirirtQ Step hatj{; F awTence, Bryce Johnson, James Maloney, Kensey Linnell, Dannielle Hassett, Laura,~¢nechal, S phanie Senechal, Melissa miller, Daniel Vogel. Shannon Einhom, Angela Rodgers, Jennifer Woelfektieben Wetterlund, Christopher Allmaras. Allison Tierney, Joshua Pribyl, Lauren Rouchard and'Sarah Jacobson as part-time seasonal lifeguards for Cascade Bay. 4. It was recommended to approve-the hiring of Joan Splinter, Heather Espersen, Megan Sutliff, Jesse Lauby, Christopher Milbrandt, Nicole Cantin, Kelly Colbert and Kelly McGrath as a pan-time seasonal guest services workers for Cascade Bay. 5. It was recommended to approve the hiring of Brent enon as a part-time seasonal operations and maintenance worker for CascAdg $a} 6. It was recommended to apppt53'.t ~3tt?tI$'or~it j~antor, Abby Broderdorf and Mike Wemeke as part-time seasonal concessib*&'-W ti S'Mdiyce tidy ey. 7. It was recommended to approve the hiring of DeaWeMcDonald as a part-time seasonal concessions team leader for Cascade Bay. 8. It was recommended to approve the hiring of Leah;.Tit for and Jackie Marlette as seasonal GIS Interns for Utilities. 9. It was recommended to approve the hiring of Steven Johnson, Nicole Marxer and Andrea Weller as seasonal recreation leaders for Youth Development. .10. It was recommended to approve the hiring of Christopher Odden as a seasonal engineering intem. 11. It was recommended to approve the hiring of Bryan Streefland and Ryan Neumann as seasonal park laborers. le L Eagan City Council Meeting Minutes June 5, 2001 Page 2 12. It was recommended to approve t ?e'biring of Jeffrey $ *'A,er, Alissa Carlson, Jenny Erkel and Jon Stei.ning as seasonal park maintenatcicxkt;s. 13. It was recommended to approve the~~fbillig as a seasonal street maintenance worker. • • ' 14. It was recommended to approve the hiring of Nathan Cermak and Nicole Kriha as seasonal utility, maintenance workers. 15. It was recommended to approve the hiring of Molly Martin as a seasonal forestry technician. 16. It was recommended to approve ;dtLiwoiCiv iq~q:gf tbC,Accounts Payable Clerk position from Clerical Level 3 to Clerical LevEl: i:„ C. License Renewals. It was recommended to approve;'4iesiiserel*4 for one Premises Permit; 22 Service ' Station Licenses and 14 Amusement Device Permits•... New Licenses. It was recommended to approve a isejOjobacco kgose for Tobacco Joint and a new Amusement Device License for Pizza & Pasta. ~E. Contract O 1-07. It was recommended to:js ntt~ (l>¢: exington Avenue -Town Centre Drive to Clubview Drive Street, Utility and Trail Improvements)*",*o-R*McNamara Contracting, Inc., for the Base Bid in the amount of 54,175,117.24, and authorize the Mayor and Deputy City Clerk to execute all related documents. Blue Gentian Road No Parkine. It was recommended to approve a resolution to prohibit parking on Blue Gentian Road between Trunk Highway 149 and Trunk Highway 55 and authorize the Mayor and Deputy City Clerk to execute all related documents. G. Contract 01-12, Jule 2000 Storm SeweiT•rwrover meets. It was recommended to approve the plans for Contract 01-12 (July 2000 Storm Mitigation Imprlai ettip~s;~ Areas #2 & 4) and authorize the advertisement for a bid opening to be held at 10:00 a.m. on Thursddy,% iiic;?r$i:2f~0 ; H. Contract 00-07. It was recommended to appr4Xe Chili: >idks-No. 2, 3, and 4 to-Contract 00-07 (TH 13 Blackhawk Road -Divided Four-Lane Up&de) and ayth. Ahe Mayor and Deputy City Clerk to execute all related documents. 1. Orchard Hei¢hts Addition City Project Ao :recommended to approve an amendment to the Development Contract for Orchard HeJ X} - dition (City Project No. 00-S) providing for an extension of time ar authorize the Mayor and Deputy Clerk to execute all related documents. J. EmeTeencv Meeting Policy. It was recommended to adopt the resolution regarding Emergency Meetings for inclusion in the Emergency Preparedness Plan: K. Leval Services SOO (Statement of Qualifications). It was recommended to approve the legal services SOQ for distribution according to the timeline approved on May 15, 2001. L. Street Sweeper Acquisition. It was reGOfr>iii4 eik:tfi►:? eti~e'•f} Aease purchase of the 2001 Elgin Crosswind Regenerative Air Street Sweeper for 3i~'tS;9i3'~~ M. Design Services Contract. It was recommended W2pprove U..- igning of a design services contract for Damon Farber Associates to prepare Central Park site plans ji7td specik~ ions. N. Architecture SeA,ices Contract. It was recomme>}dpij to appr&-*the architectural services contract of JAL Architects, Ltd., for the design of the Central ParW`p"6vilion ag" ell house. 0. Acquisition Agreement 1940 Silver Bell Road. It was recom~&ded to approve the acquisition agreement for 1940 Silver Bell Road. P. Lioness `Buy a Brick' Project. It was recommended to approve the Lioness "Buy a Brick" project. Q. Metropolitan Regional Arts Council Grant. It was recommended to approve receipt of the $3,000 Metropolitan Regional Arts Council grant to be used for Youth Developmeptprograms art camp. Local Collaborative Time Studv (LCTS) Grant. It was recoflcnded to approve receipt of the LCTS grant from School District 197 in the amount of 519,619.87. f• Councilmember Tilley moved, Councilgisii?}t;Seoo motion to approve the Consent Agenda as resented. Aye: 5 Nay: 0 PUBLIC HEAJt '.3S MODIFICATIONS TO NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2, TAX INCREMENT FINANCE DISTRICT NO.3 City Administrator Hedges introduced this item regarding modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 3, located within Northeast Eagan Development District No. 2 which Eagan City Council Meeting Minutes June 5, 2001 Page 3 was continued from the April 17, 2001 Ciry C4o-i#w.1 meeting. Sid. n of Ehlers and Associates discussed the modifications and statutory requirements. Mayor Awada opened the public hearing..There Being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the resolution adopting modifications to the Tax Increment3)~3?~q f Ta3.jngrement Financing District No. 3, located within Northeast Eagan Development Distr4>5: ~;y{:v Sfy3};It PROJECT 761, DtiC"'OOt -DRI« 'BEET ON'ERLAY FINAL ASSE,$ ENT HE•AVNG City Administrator Hedges introdu wit' In r*;,*&*dt:ilDuckwood Drive street overlay project. Cin Engineer Russ Matthys gave a brief staff report. ' .Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, 00:6jrnember Tilley seconded a motion to approve the final assessment roll for Project 761 (Duckwood Drive- Stye 'f as end authorize its certification to Dakota County for collection. Ayes: 5 Nay:0 PROJECT 806, KE' RICK AJ)I TAN (POND HDP-1) STOR_'11 . )f;P tCI~'E117ENTS City Administrator Hedges introdtilecl~t2iis item regarding Project 806 that had been continued from the Mai 15, 2001 meeting. Mayor Awada opened the public hearing. Two residents spoke and requesled it~lormation regarding the sanitary sewer and the price difference between boring out the drainage pipe verse;s.l i2'I t4>?i4:pi :.:~it)• Engineer 1\4atthys pro%-ided information regarding the sanitary sewer and Council diiec'tea'Staf rirpit4iei6 Armation to the neighborhood regarding the directional drilling or open cut of the drainage pipe. Councilmember Tilley moved, Councilmen}' 8Fields so%':-' ded a motion to approve Project 806 (Kennerick Addition, Pond HDP-1- Trunk Storm Sev~ Outlet), t2 orize the preparation of detailed final plans and specifications and the acquisition of right-of-way and easements' ugh quick-take Eminent Domain, if necessan,. Aye:5 Nay: 0 Mayor Awada moved, Councilmember Tilley seconded a motion to amend the above motion to include "direct staff to add an alternate for directional drilling within thns and specifications for Project 806". Aye: 5 Nay: 0 VARIANCE - JE,tI?F t,4,.'•i'E,?WWMT-X:F~NTER (CAMP BtiTIATN) City Administrator Hedges introduced this item regardiri~ a variance to allow construction of a camp shelter building within a Shoreland Overlay District without ipal sewer and water service, located at 821 1201` Street West, adjacent to O'Brien Lake. Senior Planner Ridley~[pe a staff report. ' Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to allow construction of a camp shelter building within a Shoreland Overlay District without municipal sewer and water L Eagan Cite Council Meeting Minutes June 5, 2001 Page 4 service, located at 821 120" Street West, adjacyl too O'Brien Lake,;~Wtbr north of the SW of Section 35, subject to the following condition. Aye: 5 Na 1. If within one year after app roval,•the't'2fiaMe shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. REVIEW,' "T% TER TRM)L•NWN14NANCE PLAN City Administrator Hedges introdtmed.WA-ib€ii2~% . rehensive Winter Trail Maintenance Plan and Policy. The item had been continu,'ca#oa:E Aii.0t.-City Council meeting due to ISD 196 not having identified their budget impacts on their busing program'' The Council discussed the five citizen requests that were submitted. It was agreed to approve: CR 1: Add plowing of trailway located on Johnny Cake Ridge Road between Deerwood Drive and Diffley Road. CR 4: Add south side trailway ldcefefil:i Cliff Road between Nicols Road and Slater Road The remaining citizen requests did not .-pet the C`ify;eia for snowplowing.- The Council discussed the 14 requests rie-by.;1t9f Sot'dditional snowplowing. All were approved. Mav0r Aw•ada moved, Councilm~ itl'i?a'Larlson seconded a motion to amend the Winter Trail Maintenance Plan for 2001-2002, including citizen requests 1 and 4, and School District 196 requests 1 through 14 Aye: 5 Nay: 0 NEV4' BUSINESS 5 "EAR CAPIx ; ;'1a # [ !k%x: 'ROGRA %l (2002-2006) Cit}• Administrator Hedges introduced this iftregardin .Ibe 5 year Capital Improvement Program for 2002-2006 Part III (Public Works Infrastructure) wha:; as disctktsgd at a previous Council work session. Council briefly discussed the program. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the 5 year Capital Improvement Program (CIP) for 2002-2006 Part III (Public Works Infrastructure) and authorize the implementation of the public improvement process for the 2002 program. Aye: 5 Nay: 0 MOONSHINE )~?K City Administrator Hedges int h ft4.ft xg at ,the preferred plan for Moonshine Park. Park and Recreation Director Vraa made a presetitsttii}.j'afti?o8?} Councilmember Carlson moved, Councilmember Fie ;icconded a motion to approve referred plan for Moonshine Park, and authorize the preparation of plans and sp~fications for the house and park. Aye: 5 Na} : 0 REZONLNG - CITY OF EAGAN City Administrator Hedges introduced this item regarding the rezoning that would establish an R-1, Single- Family Residential, zoning designation upon approximately 2.5 acres of land located west of Woodgate Lane between Woodgate Court and Drake Drive. Senior Planner Ridley gave a staff report and stated that the Advisory Planning Commission recommended denial of the proposed rezoning. /3 Eagan City Council Meeting Minutes: June 5, 2001 Page 5 Council held a brief discussion regardW. ,Ap;;opTaid ing designation for the parcel. Councilmember Bakken moved, Councilmemhei'Cailson seconded a motion to approve a Rezoning that would establish an R-1, Single-Family Residential, zoning designation upon approximately 2.5 acres of land located west of w oodgate Lane between Woodgate Court and Drake Drive, in the SE of Section 29. Ave: 4 Nay: I (Tilley opposed) PLANNED DEVELOPM V;01. ~ltiS1~~~ ~y,XALTER R. DEDRICK City Administrator Hedges introduced this item regarding nned Development Amendment to change the allowable use of a 7,123 foot retail commercial bu4 from a-4,Vko rental store to some or all of thg uses allowed within the CSC, Commercial Shoppbtg.Gr~t~:lrict,loitii'on property north of Cliff Road and west of Thomas Lake Road. Senior Planner Ridley*O.kt:Wstti?f report' Council and staff discussed the possibility of liquor sales on the property. City Attorney Doughem• stated that according to the current City Code the sale of liquor would not be an allowable use on the subject propem'. Council agreed that the ordinance should be updated. Ralph Mitchell representing the a " nt agreed to a two week continuance to the June 19, 2001 Council meeting to allow for the process of an ordff'*' t :a3fthdment. Nlavor Awada moved, Councilmember:.T; lley secoi :4•motion to continue, consideration of a Planned Development Amendment to change the allowalAi.tse of a 7,1,23 :kou( retail commercial building from a video rental store to some or all of the uses allowed wir.'C.t~ t;z~'di#triiercial Shopping Center District located on propem, north of Cliff Road and west of "kill ;I ~}ce 'oa3until the June 19" City Council meeting. Ave:5 Nay:0 Mayor Awada moved. Councilmember Tilley seconded a motion to direct staff to prepare an ordinance amendment to Chapter 5, Section 5.33 to be considered at the June 19, 2001 City Council meeting. Aye: 5 Nay: 0 C0 D I T I NtiX 'Si>a` p : r X> tIiOTA COUNTY City Administrator Hedges introduced this i regardir*.a Conditional Use Permit to allow an above ground fuel storage tank on Lot 2, Block 1, Ted Wac*A AdditiaK f agan Library), located at 1340 Wescott Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember BakkeiFsRonded a motion to approve a Conditional Use Permit to allow an above ground fuel storage tank on the Dakota County Library property located south of Wescott Road and east of Pilot Knob Road (Lot 2, Block 1, The Ted Wachter Addition) in the 1\`W 1/. of Section 22 subject to the following conditions. Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at D cofa County within 60 days of its approval by the City Council. 2. The tank shall be located os tls ; fis 4f 1bo- al building as identified on the site plan. 3. The proposed fuel tank stot:S}sii~jettLi ion*S~w by thd City Fire Marshal per the uniform Fire Code for Flammable and Combustible Liquids. 4. The southeast corner of the tank storage area shal) tos creened via a six foot high chain link fence with slat inserts. 5. The south side of the tank storage area shall be secured via a six foot high, chain link fence without slats (to maintain Fire Department visibility). L Eagan City Council Meeting Minutes June 5, 2001 Page 6 PLANED DE«LOPIN E\t.- k ~.pNIF- LAND COVEN ERCIAL Cit. Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an outdoor track for testing and racing of radio controlled cars on Lot 2, Block 1, Cliff Lake Center, located at 1960 Cliff Lake Road. Senior Planner Ridley gave a staff report. Rick Plessner, representing the shoplsi jki s~8i4*' td t}iirAroposed outdoor track. Dan Bujold, owner of the Hobby Zone discussed the types of cars that will Ased or z~iffig and displayed an example. ' Councilmember Carlson moved, Councilmert$i Wields semadded a motion to approve a Planned Development Amendment io allow the constwctygR.Of. iii j tdoor•rgii and test track for radio controlled cars within the Cliff Lake Centre shopping center locate3:lic L4~CAIf A :RijaG and east of I 35E, legally described as Lot 2, Block I Cliff Lake Center, in the SW of Section 29, subjeCt;1;5--& following conditions. Ave: 5 Nav: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County, prior to construction of the track. 2. The track shall have a canvas ciSs ea-ip a beige or brown color to protect the track and prevent unauthorized use. the cover slid is Wexd pn the track and secured and locked down when the track is not in use. 3. For maintenance and appearance puWes, ~ac}gihi rder shall be constructed of modular block to match the existing building rather thai:ireated wood 4. On]} electric and battery operated mpdel.Cas xt2 f:cixl-outside. Model vehicles powered by other means shall not be allowed. 5. Use of the track shall be prohi~to.&i;i !Side of regular store hours. 6. Use of the track shall not inte&l e with pedestrian or vehicular circulation at the shopping center. Customers, racers and spectators shall not congregate on the sidewalk or in driving aisles or parking areas. 7. The drivers stand supports should be secured to the ground. and the boards secured to the supports to provide a stable surface for stajl4ine. S. A revised landscape plan sha3 a i'6:0d* 'flies new plants to be installed and is subject to City staff review and approval'}iifo'r'fdlris4a~f2tsoi~:bt;track. PLANNED DEVELOP tfENT Al! NDN1E NI:%: FREDRIKS01 8 BlRO\ (S ?1#'S CLLV:: City Administrator Hedges introduced this item regardit52~Planned Development Amendment to expand Sam's Club to incorporate an off sale retail liquor sales facility on Lot 3, Block 1, Eagandale Center Industrial Park No.9, located on the west side of Denmark Avenue. Senior Planner Ridley gave a staff report. Dave Sellergren representing Sam's Club answered questigrts of the Council. Parking requirements were discussed. Kevin Shields, General Mangef;0! $4 •R: PEt.;*, loud discussed the parking needs uses at other Sam's Club locations. Councilmember Bakken stated he would like to see a hanism in place to re-evaluate the parking situation in one year. Councilrriember Carlson suggested that Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to add a liquor store to the Sam's Club located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park No. 9, subject to the following conditions. Aye: 4 Nay: 1 (Aw•ada opposed) l~ Eagan City Council Meeting Minutes June 5, 2001 Page 7 1. An Amendment to the Planned 1}~vnlopment AgreernoWt.*Aall be executed and recorded against the property. 2. A liquor license is required prior to •lsyiucritrof 4icate of Occupancy for the liquor store. 3. The proposed addition shall be con struc2teiials to match the existing building and consistent with the elevations shown on the plans dated April 30, 2001. 4. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 5. The proposed parking lot must~iiis ediWie Marshall approval. 6. A contribution of $87,500 for a signal ligt d{filulivie, ve and Lexington shall be made at the tirm the building permit for the liquor store is 7. The site plan shall be revised to show prodf'4f parking::•:;. 8. After one year of operation, st3ffAb3ll;t?C"0W-j?e sitC.J*j~'determine if the proof of parking'should be constructed. 9. Liquor license renewal will be contingent upon adegnate parking being provided. REQUEST FOR FUNDING BY CHARTER COMMISSION City Administrator Hedges introduced this item regarding a request for funding by the Charter Commission. Charter Commission member A] Stal 64,'dQiLfSOd.the request by the Charter Commission for the Council to provide authority to City Administrator Hedges to diSN48ti:-h;jk6 as required and limited by Minnesota Statutes. Chapter 410. : t Citv Attorney Dougherty explaincktIrtUte $;aYiitt:'that requires the City to provide a maximum of 51500 per year for expenditures incurred by the J r{ee'Mmmission. Attorney fees, clerical services and fees, and the use of the Community Room for Charter Commission meetines .vere also discussed. It was agreed that City Administrator Hedges would disburse the $1,500 to the Charter Commission at the time officers are appointed within the Chic(t±S:i#tSidjej;e~itk:~c~iQ~t is taken by the Commission to request the funds. NVETLAIND CONSEl;2-%TION ;SEAL PROCESS City Attorney Dougherty discussed this iteriirfgarding etland Appeal Process. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the recommendation of the City Attorney regarding the Wetland Appeal Process. Aye: 5 Nay: 0 VISITORS TO BE HEARD Joe Bari expressed his opinion of the Charter Commis"stating that many of the Charter Commission members are using the commission as a,.;v7~lia,•.t discussed research he had done regarding other Minnesota Cities that have Charter Cortstsiotk.... , • . Michael Pake, 3830 Lakeside Circle discussed dama .Sft incurred during the July 2000 Super Storm. He requested information regarding measures to be taken to prev;V-*i 3milar problems in the future. City Engineer Matthys stated he would meet with Mr. Pake and address his coiicims. Norman Witt thanked the Council for passing the Trail Maintenance Policy. He further stated he felt it was inappropriate to blame the School District for something that should have been the City's responsibility all along. L Cit Council Meeting Minutes Eagan June 5, 2001 . Page 8 C " 1 for passing the Trail Maintenance Policy. Jean Schmiser, 3369 Big Timber Traj'L:;iSo thanked the ISD 196. She stated she felt disres eCWfu de regarding She further p Zirt •layor Awada explained that the decision made stated she felt the Council had dis • • • has a whole which v ithin ISD 196, but the City the City and School Districts should work togeth~i:Bb;R; by ISD 196 has affected not only the residents of Eagai 4iEt 0 include rN ,o other school districts. She also stated that ISD 196 had not discussed the issue with the Ctry until after their decision to cut busing was decided. The meeting adjourned at 9: 35 P.M. NOM Deputy City Clerk Date If you need these minutes in an alternative form such asr 681.46 Or(TDD phone:( 651) 454e-8535)ntact the Ctn of Eagan. 3830 Pilot Knob Road, Eagan, N11 55122,(651) ivities, ol"" t~l all persons have equal access to its sex, Programs, sen"c l tyeagectsexual The City' of Eagan is committed to the P t.... ldor creed; religion. national origin, facilities and employment without regard to f,; : ,r orientation, marital status or status with regard tb'ila4i$??!ce. Agenda Information Memo June 19, 2001 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. 911 Dispatcher-- ACTION TO BE CONSIDERED: To approve the hiring of Brittany Karels as a 911 Dispatcher. Item 2. Part-time Seasonal Concessions Worker/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Matthew Hemmerlin as a part-time seasonal concessions worker for Cascade Bay. Item 3. Temporary Police Clerical Workers ACTION TO BE CONSIDERED: To approve the hiring of Travis Gunderson and Colleen Myhre as temporary police clerical workers. Item 4. Summer Tennis Director-- ACTION TO BE CONSIDERED: To approve the hiring of Julie Stumne as a summer tennis director. Item 5. Summer Tennis Instructors— ACTION TO BE CONSIDERED: To approve the hiring of Joseph Vogel, Patricia McGarrigle, Chris Kramer, Justin Halbe and Brenda Cacciola as summer tennis instructors. Item 6. Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Megan Driscoll, Sarah Haxton, Ashley Kjos, Julie Kugler, Mandy Kuzma, Kalin Laurent, Travis Laurent, Karen Luchka, Jill Matthews, Josie Nelson, Sarah Rome, Jennifer Rummel, Erin Severson and Anna Marie Shogren as seasonal recreation leaders. Agenda Information Memo June 19, 2001 Eagan City Council Meeting Item 7. Seasonal Recreation Assistants-- ACTION TO BE CONSIDERED: To approve the hiring of Cheri Anderson, Nicole Farlee, Michelle Hanninen, Jessie Hausman, Ellissa Johnston, Emily Krinhop, Kristin Kuklinski, Britanee Pelikan and Mallory Wessel as seasonal recreation assistants. Item 8. Seasonal Arts & Crafts Specialist-- ACTION TO BE CONSIDERED: To approve the hiring of Cara Doring as a seasonal arts & crafts specialist. Item 9. Seasonal Preschool Program Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Judy Forde as a seasonal preschool program instructor. Item 10. Seasonal Park Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Megan Thornton and Martha Wilfahrt as seasonal park attendants. Item 11. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Nick Casalenda, Ryan Smolarck, Kellie Grimm and John Schaus as seasonal park maintenance workers. Item 12. Seasonal Street Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Ben Anderson as a seasonal street maintenance worker. Item 13. Seasonal Utility Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Josh Strandberg, Dan Bjerke, Dale Skogstad and Danny Kriha as seasonal utility maintenance workers. Agenda Information Memo June 19, 2001 Eagan City Council Meeting Item 14. Resignation/Planner-- ACTION TO BE CONSIDERED: To accept the resignation of Planner Robert Kirmis. Item 15. Resign ation/Recreation Leader-- ACTION TO BE CONSIDERED: To accept the resignation of Recreation Leader Mark Garber. Item 16. Reassignment/Building Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the temporary assignment and compensation adjustment of Building Maintenance Worker Thomas Weber to Cascade Bay. Item 17. Retitling/Protective Inspections-- ACTION TO BE CONSIDERED: To approve the retitling of the Assistant Chief Building Official position to a second Senior Inspector position. Item 18. Retitling/Finance-- ACTION TO BE CONSIDERED: To approve the retitling of the Director of Finance position to Director of Administrative Services and the Assistant Finance Director position to Chief Financial Officer. Item 19. Director of Administrative Services-- ACTION TO BE CONSIDERED: To approve the hiring of Eugene VanOverbeke as the Director of Administrative Services. C~o t Agenda Information Memo June 19, 2001, Eagan City Council C. SUBDIVISION (GARDENWOOD PONDS FIFTH) - SALEEM RAZA ACTION TO BE CONSIDERED: To approve a resolution approving a Minor Subdivision (Gardenwood Ponds Fifth) consisting of two lots for property located south of Wescott Road between Stony Point Road and Hyland Court in the NE '/4 of Section 23. FACTS: On August 1, 2000, the City Council denied this minor subdivision. The property owner challenged the Council's decision in court, and on April 26, 2001, the court ruled in favor of the property owner. The City Council opted not to appeal the court's decision. Therefore, the property owner is proceeding with the platting of the property into two lots. Dakota County requires a City resolution of approval in order to record the plat. ATTACHMENTS: Final Plat (Gardenwood Ponds Fifth), page I ~ 7 = < cn > O > r.- Z r, RE W r Z >NcD rn z -C L ~ d 7 tJ I- m v i z n 4 O m m u u z O a 0 O o 1 g J _ s 3 s LU V W= W'~o I' \J io I_ W I T - I _ _ - - - - - 3 .90.00.00 5 (1. _094__ n~ gi,l 81 I ~y==__ I L Y lao ~I ~I I I I * Og tr J`` 1 4~ 1 7 ¢bE ~~8 ' E '9rrae I'\ 1 I - t Y c r iY$ E \ II \ a sY= T r' \ e ,I c F 'Z ua N fil q / FF , u N o pYp;~~i s WN ~ / o xin X ~ / / =xo~$ a ooY~ n Inl I inn -J LJ /I VI/\_~ I of a~ Agenda Information Memo June 19, 2001 Eagan City Council Meeting D. FINAL PLANNED DEVELOPMENT AND FINAL PLAT (EAGAN SENIOR HOUSING SECOND ADDITION) - DAKOTA COUNTY CDA ACTION TO BE CONSIDERED: ➢ To approve a Final Planned Development to allow a two-story, 35,000 square foot office building and three-story, 55 unit senior housing building upon a 10.4 acre site located south of Town Centre Drive and east of Denmark Avenue upon property currently platted as Outlot A, Eagan Senior Housing Addition (within the north 1/2 of Section 15). ➢ To approve a Final Plat (Eagan Senior Housing Second Addition) establishing 10.4 acre lot upon property currently platted as Outlot A, Eagan Senior Housing Addition. FACTS: ➢ The subject property is part of the Eagan Senior Housing Planned Development approved in 1997. According to the Preliminary Planned Development Agreement, the subject property, in combination with the Eagan Senior housing facility to the east, may not exceed a total of 130 senior units and that an office building not exceeding 65,000 square feet is to be developed upon the subject site. ➢ The proposed development calls for the construction of a two-story 35,000 square foot office building and three-story 55 unit senior housing building upon proposed Lot 1, Block 1, Eagan Senior Housing Second Addition. ➢ According to the applicant, the office building will be occupied by the Dakota County CDA who has outgrown their present administrative offices in Rosemount. ➢ The existing Eagan Senior Housing facility to the east (Lot 1, Block 1, Eagan Senior Housing Addition) incorporates 65 units. Thus, the maximum allowed units and office square footage as specified in the Preliminary Planned Development Agreement have not been exceeded. ISSUES: ➢ Approval of the Final Planned Development shall be subject to the execution of a Final Planned Development Agreement. a3 ATTACHMENTS (5) Previously approved Site Plan, page Final Plat drawing, page Site Plan, pagq:4 Building Elevations, pages throug-hdj_ Landscape Plan, page ~ n„vn uul rvs oosr-,a rrrfr wows _ _ n It►ff Il Ot1AW/Y 'f/lOIr9MMIY '----G-~. = O O n_ - Oror yan,r fsisaiotc 1VId ANVN114Il3Md ft,•:.er_.^rt • ^ - •JNI '6.W33N/JN3 D1317n JNISf10H UO1N3S NVDV3 . , ,t I it •f. ;i- i , -•r , ! , • i i i-•-- tip 1 s 1• - ~y i W G s 'i ~y'i:ii Q LZ. W i I ; i ! a Itt- ,e 4 : II Il i.l i t . Y = Yq E ~ o c S _ _ a° -agp - s e U C~- - - y x8 °,-g a g 4 0 e ~m - Sva; £ - - e _ OU Y~ - 4 z°iQp zi S a SM1 ci Y % Q B~~_ a ° B~ a° 4~ ~ n ge O 16C IE f _ _6f'L9f _ _ 3 60.a as I I I I -41 ~ n0 ' JYry~. I z p c MA0.041N V g g <a 'b, e n i °o `E s ~ CE - W 9i ° o bow - - o M,YO.Oa1N q ~V L 6r.-m 4W Ilillili III liIIA 3WI N[ M lBf lWl lii 4l ~ ALI17V! 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I Ali Ijl, o ` u 0 a " v~ i~~ jU~illl g C li (Ijlr 11 S 1 . { Del* 01" CDA Pr6kdnary Plan s~wwr ~n ws■E~ w«. L Agenda Information Memo June 19, 2001 Eagan City Council Meeting E. FINAL PLAT (TOWN CENTRE 10019TH ADDITION) DR. PAUL BECKER ACTION TO BE CONSIDERED: ➢ To approve a Final Plat (Town Centre 100 19th Addition) establishing 1.7 acre lot upon property currently platted as Outlot C, Town Centre 100 16th Addition. FACTS: ➢ At their regular meeting on February 20, 2001, the City Council approved a Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a Shoreland Overlay District upon the subject property. ➢ The requested Conditional Use Permit was processed in conjunction with a proposal to construct an 18,990 square foot office building upon the property. ➢ The platting of the property (into a lot and block) was a condition of the Conditional Use Permit approval and is necessary to allow the development of the property to proceed. ATTACHMENTS (1) Final Plat drawing, page emu. i ( ZW> 1 's I I I i ti I z ! t ! ! z 5 J z .06 D # 21 t~ s Iti [L s) ~ t(f t' j yr j ate O W v Z es C~ Est ;EEI ,t~ WC i !t 21 id E s 1 _ t sC ! i i E ~ lit W c O ~ a r O a W J aoczz - V I uti.~___ 1n ~I S I T= r..~m~ 4c a V a c ~ E R Z `fit; • E s f a. ' s: v ~ . It'll Y a~ R x .~F~ Agenda Information Memo June 19, 2001 F. PROJECT 751, DODD ROAD - CLIFF RD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 01-11 (Dodd Road, Cliff Road to Butwin Road - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, July 12, 2001. FACTS: • Contract 01-11 provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails as outlined and discussed in the feasibility report for Project 751. • On April 3, 2001, the City Council held a Public Hearing for Project 751. After the staff presentation, the property owners adjacent to the proposed improvements presented concerns regarding the proposed street width included in the feasibility report and the associated impacts to the existing topography and vegetation. The City Council addressed said concerns by directing staff to revise the proposed street width and trail location, and accordingly approved the project and authorized the preparation of detailed plans and specifications. • On May 16 an open house was held at city hall to allow the opportunity for the property owners to comment on detail design issues such as the proposed alignment of the street and trail improvements, property acquisitions, storm sewer installation, utility service connections, etc. Staff had previously marked trees proposed to be removed as part of the improvements by flagging them in the field. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ISSUES: • In order to construct all of the improvements during the 2001 construction season, easement negotiations with 9 property owners must be successfully coordinated, including Lebanon Hills Regional Park and Holz Farm Park, within the next 30 days. MnDOT must also approve the additional access to TH 3 at the Red Pine Lane intersection. The eminent domain process alone will not allow adequate time to construct said improvements this year. It is likely that the improvements will need to be phased in order to complete a significant portion of the Dodd Road upgrade this year. Portions that are likely to be constructed in 2002 include Red Pine Lane/Hall Street alignment, Cliff Road intersection reconfiguration, Todd Avenue disconnection from TH 3, and the cul-de-sac at the south end of Dodd Road. If the installation of utilities on Dodd Road is attempted during this construction season, but not started by the beginning of August, it may be difficult getting a hard road surface down on Dodd Road for the winter season. 00 Agenda Information Memo June 19, 2001 G. CONTRACT 01-13, JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 01-13 (July 2000 Storm Sewer Improvements - Areas # 1, 3, 4, 9, & 10) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 12, 2001. FACTS: • Contract 01-13 provides storm drainage system improvements in a portion of the areas affected by the July 2000 superstorm, including Meadowlark Road Area #3 (Project 816), Viburnum Trail Area #3 (Project 817), Timberwolf Trail Area #3 (Project 818), Badger Court Area #3 (Project 819), Blackhawk Lake Drive Area #4 (Project 821), Ches Mar/ Wilderness Curve Area #10 (Project 827), Vildmark Court Area #10 (Project 833), Easter Lane/ Malmo Place Area #9 (Project 834), Nybro Lane/ Balsam Trail/ Nybro Pond LP-44 Area #9 (Project 835), Malmo Lane/ Nybro Lane Backyard (Project 836), White Oak Court Area 1 (Project 848), as outlined and discussed in the July 2000 Preliminary Design Report (April 2001). • On April 26, April 27 and April 30, 2001, the City Council held Public Meetings and presented the Preliminary Design Report for the above-referenced projects. At the Public Meetings, the Council approved the projects and authorized the preparation of detailed plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. L Agenda Information Memo June 19, 2001 H. PROJECT 814, DIFFLEY ROAD/JOHNNY CAKE RIDGE ROAD TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 814 (Diffley Road/Johnny Cake Ridge Road Intersection - Traffic Signal Improvements) with the Dakota County Highway Department and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The Dakota County Highway Department has scheduled the signalization of the Diffley Road (County Road 30) and Johnny Cake Ridge Road intersection, located east of Interstate 35-E, for the fall of 2001. This project is in accordance with the 5-Year Capital Improvement Programs (2001 - 2005) for the City of Eagan and Dakota County. • Project 814 includes the installation of a new traffic control signal at the intersection of Diffley Road and Johnny Cake Ridge Road with street lights, emergency vehicle pre- emption, and signing at the intersection, interconnection to the existing I-35E traffic control signals at the exit and entrance ramps, and associated improvements at the existing signals. • In June 2001, a traffic signal justification report was prepared by Dakota County for the intersection and according to the Minnesota Manual on Uniform Traffic Control Devices, warrants 2, 6, 9 and 11 are met and the installation of a traffic signal control is justified. • The signal improvement ranks 7th out of 28 possible highway department signal system installations throughout Dakota County. • An agreement between the City of Eagan and the Dakota County Highway Department has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, the City's financial share of these improvements is 50% of the construction, engineering, and inspection costs (Estimated Total Construction Cost = $151,500.00). • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. ISSUES: • Based on School District 196's new transportation policy, there is a great desire to have this signal installed before the new school year. While this will be very difficult if even possible, Dakota county has agreed to preorder those materials and equipment that usually take 3-4 months lead time. It is hoped that the signal will be operational by early October. 05 Agenda Information Memo June 19, 2001 Eagan City Council Meeting L CONTRACT 99-05 JOHNNY CAKE RIDGE ROAD EXTENSION STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the final payment for Contract 99-05 (Johnny Cake Ridge Road Extension - Street & Utility Improvements) in the amount of $41,557.26 to Ryan Contracting Company and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 99-05 provided for the extension of new street and utility improvements for Johnny Cake Ridge Road (Project 748) from Diffley Road (County Road 30) to Deerwood Drive to serve the 117 acre Oakbrooke Addition by Pulte Homes of Minnesota. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 3l~1 t Agenda Information Memo June 19, 2001 Eagan City Council Meeting J. CONTRACT 99-10, WESCOTT ROAD & LEXINGTON AVENUE TRAFFIC SIGNAL IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the final payment for Contract 99-10 (Wescott Road & Lexington Avenue- Traffic Signal Improvements) in the amount of $30,851.77 to Valley Paving, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 99-10 provided for the signalization of the Wescott Road and Lexington Avenue intersection, including street improvements required for the realignment of the intersection. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo June 19, 2001 Eagan City Council Meeting K. CONTRACT 00-04, DUCKWOOD DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the final payment for Contract 00-04 (Duckwood Drive - Street Improvements) in the amount of $8,602.32 to Valley Paving, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 00-04 provided for the bituminous overlay of Duckwood Drive (between Denmark Avenue and Lexington Avenue), Crossroad Court and Kinglet Court. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ~u i Agenda Information Memo June 19, 2001 Eagan City Council Meeting L. SCHEDULE PUBLIC HEARING TO ESTABLISH CEDAR GROVE REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT ACTION TO BE CONSIDERED: To schedule a public hearing on Tuesday, August 21, 2001, on the proposed adoption of the establishment of the Project Area and the proposed establishment of the Cedar Grove Redevelopment Tax Increment Financing District No. 1 therein and the adoption of the plans therefore. FACTS: • The City of Eagan has been working for more than two years to identify opportunities for redevelopment in the Cedar Grove Redevelopment Area, generally bounded by Highway 77 on the west and Silver Bell Road on the east, north and south of Highway 13. • Redevelopment of such a large area is likely to require some level of public participation for the purposes of, but not limited to, property acquisition and relocation, site assembly and site preparation, environmental remediation, and infrastructure improvements to facilitate successful new development. • Establishment of a redevelopment tax increment financing (TIF) district gives the City the statutory authority to participate financially in these activities. • Upon scheduling the Public Hearing, all property owners in the proposed Cedar Grove Redevelopment TIF District No. 1 will be notified of the Public Hearing. • The establishment of the TIF district is still in the preparatory stage, however this action establishes the calendar for the approval process. • The firm of SEH has been retained to perform eligibility inspections on the properties. • The Eagan Economic Development Authority has on its agenda for Monday, June 18, 2001 to consider a resolution requesting the City Council to move forward with the establishment of the TIF district. ATTACHMENTS: • EDA resolution requesting the City Council call for Public Hearing to establish the Project Area and Cedar Grove TIF District No. 1 is on page. • Resolution of the City Council calling for Public Hearing is on page. 11 -2I i EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN RESOLUTION # RESOLUTION REQUESTING THE CITY~COUNCIL OF THE CITY OF EAGAN CALL FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF THE PROJECT AREA AND THE ESTABLISHMENT OF THE CEDAR GROVE TAX INCREMENT FINANCING DISTRICT NO. 1 (A REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT). BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Eagan Economic Development Authority, City of Eagan, Minnesota (the "EDA") as follows: WHEREAS, the EDA is proposing the establishment of the project area and the establishment of the Cedar Grove Tax Increment Financing District No. 1, pursuant to, and in accordance with, Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; NOW, THEREFORE BE IT RESOLVED by the Board as follows: 1. The EDA hereby requests that the Council call for a public hearing on August 21, 2001, to consider the proposed adoption of the establishment for the project area and the proposed adoption of the establishment for the Cedar Grove Tax Increment Financing District No. 1 (collectively, the "Plans") and cause notice of said public hearing to be given as required by law. 2. The EDA directs the Executive Director to transmit copies of the Plans to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Plans are in accordance with the Comprehensive Plan of the City, prior to the date of the public hearing. 3. The Executive Director of the EDA is hereby directed to submit a copy of the Plans to the Council for its approval. 4. The EDA directs the Executive Director to transmit the Plans to the county and the school district(s) in which the Cedar Grove Tax Increment Financing District is located not later than July 20, 2001. Approved by the Board on June 18, 2001. Chair ATTEST: LLO) L CITY OF EAGAN, MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF THE ESTABLISHMENT OF THE PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE CEDAR GROVE REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 1 THEREIN AND THE ADOPTION OF THE PLANS THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Eagan, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on August 21, 2001, at approximately 6:30 p.m., to hold a public hearing on the proposed adoption of the establishment of the project area, the proposed establishment of the Cedar Grove Redevelopment Tax Increment Financing District No. 1, (a redevelopment district), and the proposed adoption of the Plans therefore, all pursuant to and accordance with Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing,_Filing of Plans. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the establishment of the project area and the establishment for the Cedar Grove Redevelopment Tax Increment Financing District No. 1 and to forward documents to the appropriate taxing jurisdictions including Dakota County and Independent School District No. 191. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to August 21, 2001, and to place a copy of the Plans on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. Dated: June 19, 2001 Adopted: Mayor ATTEST: City Clerk Agenda Information Memo June 19, 2001 M. PROJECT 749, TH 55 SOUTH FRONTAGE ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 749 (Trunk Highway 55 South Frontage Road - Street and Utility Improvements) and schedule a public hearing to be held on August 7, 2001. FACTS: • Project 749 provided for the installation of storm sewer and the upgrade of the frontage road along the south side of TH 55, east of TH 149. It also included minor sanitary sewer and water main improvements to accommodate the street construction. • This project, constructed under Contract 99-14, has been completed, all costs tabulated, value benefit analysis completed and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. 70?- L Agenda Information Memo June 19, 2001 N. PROJECT 784R, LOUIS LANE FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 784R (Louis Lane - Street and Utility Improvements) and schedule a public hearing to be held on August 7, 2001. FACTS: • Project 784R provided for the installation of new street, sanitary sewer and water main improvements on Louis Lane, between Trunk Highway 55 and Chapel Lane, as well as a new sanitary sewer lift station and force main. • This project, constructed under Contract 99-14, has been completed, all costs tabulated, value benefit appraisals completed and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ISSUES: • Assessment agreements have been previously approved by the City Council as part of the property acquisition settlements for two out of the three properties. The assessments in the assessment roll reflect these previous agreements rather than the City's Assessment Policy. 43 Agenda Information Memo June 19, 2001 Eagan City Council Meeting 0. LIQUOR LICENSE ADDRESS CHANGE ACTION TO BE CONSIDERED: Approve Liquor License Address Change for Big Top Liquor, 1282 Town Centre Drive to 1284 Town Centre Drive. FACTS: • Staff has reviewed the application for the address change and deem it in order. ATTACHMENTS: • Letter from Applebaum Companies is included as page 4/5' • E-mail message from Police Chief is included as page i Jun 05 01 10:16a BIG TOP LIQUORS (651J644-0874 P•2 APPLEBAtIM COMPANIES, INC. 1574 UNIVERSITY AVENUE ST. PAUL, MINNESOTA 55104 651/644-4501 June 5, 2001 Mr. Jerzy Wobschall City of Eagan 3830 pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Wobschal I: As per our recent conversation, we wish to inform you that we now have the date when we will he moving our liquor licensc frorn 1282 Town Centre Drive to 1284 Town Centre Drive, Suite 110. We will be closing the 1282 Town C -mire location on June 24, 2001 and opening at 1284 Town Centre Drive on June 25, 2001. Do we go before the City Council or does this letter take care of the matter? Please let us know what we have to do next and I wo ild appreciate hearing frnm you as soon an possible. Thank you for your assistanee in this matter. SinCcrely yours, 12ou fir A. Euker for Sidney Applebaum q-~ 6516440874 CITY OF EAGAN ,TEL=6516814612 06/05'01 10:48 V Jerry Wobschall From: Kent Therkelsen Sent: Wednesday, June 06, 2001 9:42 AM To: Doug Matteson Cc: Jerry Wobschall Subject: RE: Big Top Liquor Thanks Doug. Jerry, I asked Mike Dougherty about this issue last night. He said an important thing for the city to check is the land use, zoning, conditional use permit regulations to ensure that the new location is a permitted use. Mike Ridley might be a good person to check with. Kent -----Original Message----- From: Doug Matteson Sent: Wednesday, June 06, 20019:28 AM To: Kent Therkelsen Cc: Jerry Wobschall Subject: Big Top Liquor I have reviewed all calls for service at Big Top Liquor, 1282 Town Center Drive, and I see no reason to be alarmed for violation of any liquor license ordinances. The last time they were not in compliance with the ordinance was in 1998. 1 Agenda Information Memo June 19, 2001 Eagan City Council Meeting P. ACCEPT RESIGNATION OF ARC COMMISSIONER JOHN CLARK AND AUTHORIZE ADVERTISING FOR REPLACEMENT ACTION TO BE CONSIDERED: To accept the resignation of ARC Commissioner John Clark and to authorize staff to recruit replacement applicants for the Airport Relations Commission seat. FACTS: • John Clark was appointed by the City Council to a 3-year term on the Airport Relations Commission in January 2001. • Mr. Clark has notified the City that personal issues have prevented him from attending meetings and are likely to in the future. He has expressed his willingness to resign from the Airport Relations Commission. • At its meeting on Tuesday, June 12, 2001, the ARC passed a motion recommending the City Council accept Mr. Clark's resignation and appoint a replacement to fill out the remainder of his term. .1 ! Agenda Information Memo June 19, 2001 Eagan City Council Meeting 0. LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve two Amusement Device License Renewals, one Tree Contractor License Renewal, and one Service Station License Renewal. FACTS: • Staff has reviewed the applications for renewal and deem them in order. ATTACHMENTS: • List of new licenses is included as page La t AMUSEMENT DEVICE RENEWALS Davanni's Eagan 16 1980 Cliff Road 2055 Cliff Road Eagan, MN Eagan, MN 2001 TREE CONTRACTOR LICENSE RENEWALS Ciardelli Tree & Landscaping 12441 Coffee Trail Rosemount, MN 2001 SERVICE STATION LICENSE RENEWALS Yocum's Market 1579 Cliff Road Eagan, MN q-47 Agenda Information Memo June 19, 2001 R. LOT 3, BLOCK 1, UNISYS PARK ADDITION (NORTHWEST AIRLINES) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility easements within Unisys Park Addition and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On March 27, 2001, City staff received a petition from Bill Breyfogle, of Northwest Airlines, requesting the vacation of existing drainage and utility easements on Lot 3, Block 1 Unisys Park Addition, west of Pilot Knob Road and north of Yankee Doodle Road in north-central Eagan. • The purpose of the request is to allow the expansion of the existing Northwest Airlines office building. The existing water main and sanitary sewer lines will be relocated and modified with new easements provided by the property owner via separate document as part of the building permit process. • The easements were originally dedicated to the City as part of the Unisys Park Addition to accommodate public water main and sanitary sewer pipes within the development. • On April 3, the City Council received the petition for these vacations, and set a public hearing for May 1 to consider vacating said drainage and utility easements. • On May 1, the City Council held the public hearing on this vacation of easements and continued indefinitely the approval until the new replacement easements were received with the building permit process. • On June 6, Northwest Airlines applied for the building permit. On June 11, City staff received the required replacement easements. • All notices were published in the legal newspaper and sent to all potentially affected private utility owners informing them of the May 1 public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map, page. • Legal Descriptions/Graphics, page and S 3 l M~ W SKYUNE OR , 4KYLINE RDA ~CpS~OW-E m USTI AN7~536 HI S D J~2 LONE OAK ROAD 3 r~(~c0. RD. 26) Q ~p• o g 67 e~ o ILOT N O Y KNO8 IT a` z PARK z a g = z n'1MO a cv J V U L 26 'IEADOW VI RED CEDAR RD. cr OWERVI RD. f~NVM OR TOWERVIEW RD. g ~~~UARRY Vo RO O~ R OAKS RD. LOCATION Z G 19 MOON PARK~NE ~ ~'O a p URDY G~ Ab DR.' z 9 Q- / S' I a DRNE SN LAX ET NDRE ST. m DR. Q o W Q O~ (V m QMRICE h Z z ` = o < Q R BLUFF Q PARK o N AT DONALD oo a NORWEST `<v W Q Y = Gj CENTURY j PT. YANKEE DOODLE ROAD ( CO. RD. 28 ) 81st o~ ST. DI WATER 97 I 1 TREATMENT W FACILITY a: pR CITY 96 z 3 MAINT. ICE of FACILITY 3 4AI 53 77 EASEMENT VACATION LOT 3, BLOCK 1 - UNISYS PARK ADDITION City of Eagan NORTHWEST AIRLINES S/ PROPOSED EASEMENT VACATION DESCRIPTION LOT 3, BLOCK 1, UNISYS PARK ADDN That part of a 20.00 foot wide perpetual easement for public utility purposes as described in Document No. 591662 are to be vacated. The centerline of said easement vacation is described as follows: Beginning at a point on the south line of said Northeast Quarter of Section 9, Township 27, Range 23, Dakota County, Minnesota, distant 1860.57 feet westerly from the Southeast Corner of said Northeast Quarter; thence North 22 degrees 35 minutes 13 seconds East, assuming the south line of said Northeast Quarter bears North 88 degrees 08 minutes 07 seconds West, a distance of 67.19 feet to the point of beginning of the centerline of said easement to be vacated; thence continue North 89 degrees 08 minutes 07 seconds West a distance of 119.55 feet; thence North 6S degrees 29 minutes 47 seconds East 330.14 feet; thence North 21 degrees 43 minutes 14 seconds West 20.77 feet and said centerline there terminating. And That part of a 20.00 foot wide perpetual easement for public utility purposes as described in Document No. 591662 is to be vacated. The centerline of said easement vacation is described as follows: Commencing at a point on the South line of said Northeast Quarter of Section 9, distant 1692.51 feet westerly of the Southeast comer of said Northeast Quarter; thence North 21 degrees 30 minutes 13 seconds West, assuming the South line of said Northeast Quarter bears North 89 degrees 08 minutes 07 seconds West, 237.75 feet to the actual point of beginning of the centerline to be described; thence South 21 degrees 30 minutes 13 seconds East 95.25 feet and said centerline there terminating. S~a- r , Q FNI Lj\j 4-5-01 Exist. utility easement Northwest Airlines Inc \ / Building J \v\\ / Proposed Easement 't5 S park Vacation t 3, Block \\A hail / I&W Exist. utility easement \ \ Proposed \ \ ` \ \ Easement / / Q• Unisys Park, Lot 3, Blk 1 ( Northwest Airlines Inc.) 4-5-01 City of Eagan Utility Easement Vacation Agenda Information Memo June 19, 2001 Eagan City Council Meeting V. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR YEAR ENDING DECEMBER 31, 2000 ACTION TO BE CONSIDERED: To receive and accept the December 31, 2000 Comprehensive Annual Financial Report. FACTS: • The financial report has been completed and the audit by Kern, DeWenter, Viere, Ltd. has been performed. • No significant findings were made during the audit. • Dave Hinnenkamp of Kern, DeWenter, Viere, Ltd. will present the report at the meeting and will be available along with the Acting Director of Finance to answer any questions. ATTACHMENTS: • The financial report and management letter are enclosed without page number. Agenda Information Memo June 19, 2001 Eagan City Council IV. PUBLIC HEARINGS A. VARIANCES - CITY OF EAGAN (LEXINGTON AVENUE BETWEEN O'LEARY PARK AND LONE OAK ROAD) ACTION TO BE CONSIDERED: To approve building and parking setback Variances for several properties along Lexington Avenue between O'Leary Park and Lone Oak Road: 1110 Town Centre Drive 16-foot building setback variance 1101 Town Centre Drive 31-foot building setback variance and 12-foot parking setback variance 3130 Lexington Ave. S. 9-foot building setback variance 1090 Gemini Road 34-foot building setback variance 3225 Neil Armstrong Blvd. 2-foot parking setback variance 3255 Neil Armstrong Blvd. 6- to 18-foot parking setback variance FACTS: • The City's zoning ordinance requires buildings to be set back a minimum of 50 feet from a major thoroughfare, and parking areas to be set back a minimum of 20 feet from a public right-of-way. • The Variances are based on the existing developed conditions of the various properties and the additional right-of-way being acquired for the expansion and upgrade of Lexington Avenue, which is scheduled for construction this summer. • Each of the Variances is prompted by a public action, the acquisition of additional right-of- way along Lexington Avenue. Staff believes that it would be appropriate for the City to acknowledge the impact of this public improvement project on private property building and parking setbacks along Lexington Avenue and to take action so that the resulting setbacks are not considered non-conforming. ISSUES: • The property at 3165 Lexington Avenue has been identified as having a nonconforming parking setback resulting from the Lexington Avenue project, it has been omitted from the list of Variances for Council action because the property owner (U.S. Postal Service) has not been cooperative in the public acquisition of rights-of-way and easements along their property that are necessary to accommodate the road improvements. ATTACHMENTS: ~J Planning Report, pages through PLANNING REPORT CITY OF EAGAN REPORT DATE: June 13, 2001 CASE: l I-VA-15-06-01 APPLICANT: City of Eagan HEARING DATE: June 19, 2001 PROPERTY OWNER: Various PREPARED BY: Pamela Dudziak REQUEST: Variance LOCATION: 1110 and 1101 Town Centre Drive 3130 and 3165 Lexington Avenue 1090 Gemini Road 3225 and 3255 Neil Armstrong Blvd. COMPREHENSIVE PLAN: SA, Special Area IND, Limited Industrial BP, Business Park ZONING: PD, Planned Development I-1, Limited Industrial BP, Business Park SUMMARY OF REQUEST The City of Eagan is requesting building and parking setback Variances for several properties along Lexington Avenue between O'Leary Park and Lone Oak Road. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if- 1 . The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. i Planning Report - Lexington Avenue June 19, 2001 Page 2 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS The City's zoning ordinance requires buildings to be set back a minimum of 50 feet from a major thoroughfare, and parking areas to be set back a minimum of 20 feet from a public right-of-way. BACKGROUND/HISTORY As recently as 1999, the Capital Improvement Programs (CIP) for both Dakota County and the City of Eagan included the four-lane divided upgrade of Lexington Avenue from Town Centre Drive to Clubview Drive in 2001. Dakota County's current CIP had this project scheduled for 2002. In June 1999, the Eagan City Council chose to become the lead agency for the project to enable it to be scheduled for the 2001 construction season. As a result, the City of Eagan has proceeded with the acquisition of necessary right-of-way and construction is scheduled to begin this summer. EXISTING CONDITIONS Seven properties have been identified as having non-conforming building or parking setbacks as a result of the expansion and upgrade of Lexington Avenue. All of the properties for which the Variances are sought are currently developed. The proposed Variances are based on the existing developed conditions of the various properties and the additional right-of-way being acquired for the expansion and upgrade of Lexington Avenue, which is scheduled for construction this summer. EVALUATION OF REQUEST The specific Variances are detailed on the attached exhibit in both graphic and table form. Four of the seven properties will have building setbacks less than 50 feet, and four will have parking setbacks less than 20 feet. One parcel (1101 Town Centre Drive - Children's World Learning Center) requires both a building and a parking setback Variance. With the acquisition of additional right-of-way, the property at 3165 Lexington Avenue (U.S. Postal Service) would require a parking setback Variance of 14 feet. However, the Postal Service has not been cooperative in the public acquisition of rights-of-way or easements along their property that is necessary to accommodate the road improvements. Therefore, the parking setback Variance identified for this parcel is not necessary at this time. The omission of the property at 3165 Lexington Avenue from the Variances is reflected below in the action to be considered. S .I ! Planning Report - Lexington Avenue June 19, 2001 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP Each of the Variances is prompted by a public action, the acquisition of additional right-of-way along Lexington Avenue. Without the Variances, these properties would have non-conforming setbacks as a result of the Lexington Avenue expansion and upgrade. SUMMARY/CONCLUSION The City of Eagan is requesting building and parking setback Variances for several properties along Lexington Avenue between O'Leary Park and Lone Oak Road. These Variances are necessary to accommodate reduced yard setbacks along Lexington Avenue resulting from the public's acquisition of additional right-of-way to expand and upgrade Lexington Avenue. Six properties are affected, four require building setback variances and four require parking setback variances. Staff believes that it would be appropriate for the City to acknowledge the impact of this public improvement project on private property building and parking setbacks along Lexington Avenue and to take action so that the resulting setbacks are not considered non-conforming. ACTION TO BE CONSIDERED To approve the following Variances to setbacks along Lexington Avenue between O'Leary Park and Lone Oak Road: 1110 Town Centre Drive 16-foot building setback variance 1101 Town Centre Drive 31-foot building setback variance and 12-foot parking setback variance 3130 Lexington Ave. S. 9-foot building setback variance 1090 Gemini Road 34-foot building setback variance 3225 Neil Armstrong Blvd. 2-foot parking setback variance 3255 Neil Armstrong Blvd. 6- to 18-foot parking setback variance 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. SO? Eagan Boundary Location Map Street Centerline Pareel Area Building Footprint _ mE J L--= L > G.. Ll D ,t t "A f - I f - f L 111 ` 4r _ r - l ' T. J i i BE DOE 13PE 1000 0 1000 2000 Feet Development/Developer: Lexington Ave Roadway Improvement Application: Variance(s) Case No.: 11-VA-15-06-01 Map prepared wing ERSI AreV'ww 3.1. Parcel base nop data provided N by Dakota County Land Survey Deparbnent and is current as of April 2001. *City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E M N N E S C 'F -1 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 Community Development Depertnant not responsible for errors or omissions. W- 34' setback due to previous ROW I acquisition . ' 41' Bldg. setback / I Variance needed . i / 6 Parking setback j Variance required I 41' bldg setback (existing) W I 16' bldg. setback (proposed) Variance req. yz I 18' Parking setback / Variance req. 1 _ 1. ALMd.)R-••------•-- j 2'-14' parking setback 13' Bldg. setback Varinace req. No change 38' parking setback ' 4 No Variance req. fNo t ing 24' setback N j i - - - - - 31' Bldg. setback YAAIMC-4OODL EMEE~ I ~ I j 8' Parking setback j Variance required ! I j 28' Parking setback j - - - I / No Variance Req. j 11 1~1 ■i 1■ 1o1 _ 34' Bldg. setback e~~ Variance required I i ♦ _ ~ t 1 750 0 750 F..e l Lexington Avenue Road Improvement 6/4/2001 Proposed Setback Variances TAXPIN LOT BLOCK PLAVADDRESS Tenant Variance(s) Required 107705401001 1 1 Town Centre 100 5th Addition Waterford Place Apartments 16' bldg. setback 1110 Town Centre Dr. 107705201001 1 1 Town Centre 100 3rd Addition Children's World Learning Center 12' parking setback 1101 Town Centre Dr 19' bldg setback 100100001006 1 6 Section 10 U.S. Postal Service 14' parking setback 3165 Lexington Ave S 102250237005 37 5 Eagandale Center Industrial Perk No. 3 3M Filtration 9' bldg. setback 3130 Lexington Ave S 102250201006 1 6 Eagandale Center Industrial Park No. 3 Shaw Industries 34' bldg. setback 1090 Gemini Rd 102251502001 2 1 Eagandale Corporate Center Lexington Corporate Center 2' parking setback 3225 Neil Armstrong Blvd. 102251503001 3 1 Eagandale Corporate Center Taystee Bread 6'- 18' parking setback 3255 Neil Armstrong Blvd. .1 Agenda Information Memo June 19, 2001 Eagan City Council Meeting B. PROJECT 804. CLEARVIEW ADDITION STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/deny Project 804 (Clearview Addition Storm Sewer Improvements), and, if approved, authorize the preparation of detailed plans and easement acquisition through quick take eminent domain, if necessary. FACTS: • In August 2000, the City received a petition from several property owners requesting a study to investigate the feasibility of installing a public storm sewer outlet pipe for the current landlocked private pond in the middle of Clearview Addition, located north of Cliff Road and east of Blackhawk Road. • On November 21, 2000, the petition was presented to the City Council, after the initial July 2000 Super Storm Drainage Study was completed. Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule of a storm sewer outlet from the landlocked pond in the Clearview Addition area. This report has been completed by City Staff at an approximate cost of $1,025 to date) • On June 13, 2001, an informational neighborhood meeting was held with affected property owners to review the draft feasibility report for the proposed storm sewer outlet. 11 people representing 11 properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • On June 13, 2001, City staff received a petition from 11 residents representing 7 properties (including 6 residents representing 4 properties that signed the original petition for the project) opposing Project 804, due to the proposed assessments associated with the project. ATTACHMENTS: • Feasibility Report, pagesothrough q • Informational Neighborhood Meeting Minutes, pages tkrw&gl-. • Petition from property owners opposing Project 804, page. • Graphic - Petitioning properties, page. lA City of Eagan Report for Clearview Addition Storm Sewer Improvements City Project No. 804 Eagan, Minnesota June 2001 ~3 is >t 4 Zow city of eagan PATRICLA E. A\V;ADA June 14, 2001 Mavor Honorable Mayor and City Council PAUL BAKKEN City of Eagan PEGGYCARLSON 3830 Pilot Knob Road MTDEE FIELDS Eagan MN 55122 MEGTILLEY Re: Clearview Addition Council'viembers Storm Sewer Improvements Project No. 804 THO.\LAS HEDGFS Dear Mayor and Council: Cin, Adminis<rator Attached is the feasibility report for the Clearview Addition - Storm Sewer Improvements. The proposed improvements are presented and discussed within the report, along with a detailed cost estimate and a preliminary assessment roll. Municipal Center: 3830 Pilot Knob Ruad City staff will be pleased to meet with the Council at your convenience to review and discuss the contents of this report. Eagan, MN 55122-189- Phone: 651.681.460o Sincerely, Fax: 651.681.461 TDD:651 454.8515 John P. Gorder, P.E. Assistant City Engineer Maintenance Facility: I hereby certify that this report was prepared 3501 Coachman Point by me or under my direct supervision and Eagan, MN 55127 that I am a duly Licensed Professional Engineer under the laws of the State of Phone: 651.681.4300 Minnesota. Fax: 651.681.4360 1 J~ 1, TDD: 651.454.8535 1 P. Gorder Reviewed by: t- 4 Date: G /Q - I Reg. No. 2281 www•.ciryofeagan.com Department of Public Works Date: - 14 - c) I Reviewed by: THE LONE OAKTREE Finance De rtment The symbol of strength Date: . , A and growth in our communiy 2 W j4 i CLEARVIEW ADDITION STORM SEWER IMPROVEMENTS EAGAN MN PROJECT NO 804 Table of Contents Letter of Transmittal 1 Table of Contents 2 Introduction/ History 3 Feasibility & Recommendation ...................................................................4 Discussion 5 Easements & Permits 7 Cost Estimate 7 Assessments 7 Assessment Financing 8 Revenue Source 8 Project Schedule ..........................................................................................9 Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll - Two Methods Figure 1 - Location Map Figure 2 - Petitioning Properties Figure 3 - Storm Sewer Improvements Figure 4 - Assessment Map 3 ~P June 2001 Storm Sewer Improvement Report Clearview Addition City Project No. 804 Eagan, MN INTRODUCTION/HISTORY Clearview Addition is a single-family subdivision originally developed in 1964 in the township of Eagan east of Blackhawk Road and north of Cliff Road (see Figure 1). Sanitary sewer, water main, and paved streets were later constructed to serve the Clearview Addition properties. With the development, a low area in the backyards of the lots bounded by Beecher Drive, Lenore Lane, Cliff Road and Blackhawk Road was retained and incorporated into the subdivision. At that time, due to the relatively small and low-impervious drainage area tributary to the pond, a pipe outlet from the pond was not installed. City staff is not aware of any past flood damage to the surrounding homes caused by high water levels in the pond. With the July 2000 storm event (approximately 11 inches of rain in a 36-hour period), the pond raised to an elevation that did not impact houses on the surrounding properties. Portions of the backyards were inundated with water as a result of that storm. Eight property owners (five surrounding this pond) have petitioned the City to investigate the installation of an outlet pipe to help prevent future potential flooding of backyard areas. The petitioning properties are shown on Figure 2. This report addresses the feasibility of the installation of the outlet pipe from this pond. The following picture is the pond on May 8, 2001. 3 6 ~O .s Clearview Addition Pond - May 8, 2001 FEASIBILITY AND RECOMMENDATION The project is necessary to provide a storm sewer outlet pipe from the currently landlocked pond within Clearview Addition to provide storm water management for the properties surrounding the pond. The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Comprehensive Storm Water Management Plans. The project is cost-effective in that it helps to reduce the future damage to backyard landscaping and vegetation for the properties surrounding the pond. 4 67 i! It is recommended that the storm sewer modifications be constructed as proposed in this report in conjunction with similar storm sewer projects currently proposed throughout the City. DISCUSSION This project provides for the construction of a 12" diameter storm sewer pipe (with a 6" orifice restriction) from the north end of the ponding area, along the lot line between Lots 7 (1846 Beecher Drive) and 8 (1842 Beecher Drive), Block 2 to an existing storm sewer pipe within Beecher Drive, as shown on Figure 3. This pipe & orifice will provide storm water management for the pond to help control large fluctuations in water elevation. Also included is the construction of an outlet structure, in accordance with current engineering standards, over the end of the pipe. Pictures of the proposed side-yard alignment between Lots 7 and 8 are shown below. Aar WA _T X s 411 Backyard - 1842 Beecher Drive (Looking North from Pond) 5 6g) _ ' Z •1 1 ~r Common Lot Line - 1846 Beecher & 1842 Beecher Drive Storm water discharge from the pond will be controlled by the proposed orifice so the existing downstream storm sewer and ponding system is not adversely impacted. The normal pond elevation is proposed at 932.7, an elevation consistent with the riparian (shoreland) vegetation and the elevation observed by City engineering staff on several occasions. Alternative alignments for the outlet pipe from the pond to the existing storm sewer within Beecher Drive were investigated as part of this report but were determined to be more considerably more expensive or more adversely impact a large number of existing large trees. 6 0 JA EASEMENTS AND PERMITS Permanent drainage and utility easement in addition to the existing 10-foot wide easements (dedicated with the plat) over the lot line between Lots 7 and 8 will be necessary. Temporary easements to accommodate construction of the pipe will be necessary. It is assumed in this report that these easements will be acquired from the property owners at no cost. No pond easements are proposed as no public storm water runoff is or would be discharged into this pond, which is considered a private backyard drainage basin. No regulatory agency permits are required for this project. COST ESTIMATE A detailed cost estimate for Project 804 is presented in Appendix A. The total estimated project cost is $31,040. This cost included 10% for contingencies and 35% for indirect costs, which include administrative, engineering, interest, and legal expenses. ASSESSMENTS Storm sewer improvements proposed herein are considered lateral. Therefore, assessments are proposed to be levied in accordance with the City's Assessment Policy for lateral storm sewer. Two potential methods of assessment based on the policy are presented in this report. Alternative method A is based on the area of contributing drainage to the pond. The estimated assessment rate for this method is calculated as follows: Storm Sewer Improvement Cost $31,040 (divided by) Contributing Drainage Area 555,142 square feet $0.056/ square foot 7 7e) i Alternative method B would assess riparian property only based on the amount of contributing drainage area to the pond from those properties only. The estimated assessment rate for this method is calculated as follows: Storm Sewer Improvement Cost $31,040 (divided by) Contributing Drainage Area - Riparian Property 225,896 square feet $0.15/ square foot Figure No. 4 shows the properties affected by both methods of assessment calculation. Preliminary Assessment Rolls with both alternatives are presented in Appendix B. ASSESSMENT FINANCING The benefiting properties will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over 10 years with the interest rate determined by results of the bond sale used to finance the improvements. REVENUE SOURCE Property City Project Cost Assessment Contribution Storm Sewer $31,040 $31,040 -0- 8 71 I PROJECT SCHEDULE Present Draft Feasibility Report May 15, 2001 Neighborhood Meeting June 13, 2001 Public Hearing June 19, 2001 Approve Plans & Specifications July, 2001 Open Bids/Award Contract August, 2001 Project Completion October, 2001 Assessment Hearing Spring, 2002 First Payment Due with Real Estate Taxes May 15, 2003 9 '.2~1 i APPENDIX A PRELIMINARY COST ESTIMATE CLEARVIEW ADDITION STORM SEWER IMPROVEMENTS EAGAN MN PROJECT NO 804 Storm Sewer Cam. Unit Item Total 280 LF 12" RCP Storm Sewer @ $20/LF $5,600 1 EA Outlet Control Structure w/ orifice @ $4,000/ EA 4,000 1 EA Std. MH w/casting @ $1,500/EA 1,500 1 EA Std. MH w/casting over ex. pipe @ $2,500/EA 2,500 3 EA Clear & grub tree @ $400/ EA 1,200 30 LF Remove & Replace Curb & Gutter @ $20/ LF 600 50 Sy Remove & Replace Street Section @ $10/ SY 500 1,000 Sy Sod w/ topsoil @ $51 SY 5,000 Subtotal $20,900 + 10% Contingencies 2,090 Subtotal $22,990 + 35% Indirect Cost 8,050 Total $31,040 Total Estimated Project Cost = $31,040 10 7-3 is APPENDIX B PRELIMINARY ASSESSMENT ROLL CLEARVIEW ADDITION STORM SEWER IMPROVEMENTS PROJECT NO 804 Alternative A - Contributing Drainage Area Drainage Parcel I.D. Address Area (sq. ft.1 Rate/ sq.ft. Total Assessment 10-17751-010-01 1831 Cliff Road 21,400 $.056 $1,197 10-17750-020-02 Part of 4580 Blackhawk Rd. 21,070 $1,179 10-17750-030-02 4580 Blackhawk Road 30,141 $1,685 10-17750-040-02 4550 Blackhawk Road 83,658 $4,677 10-17750-050-02 4540 Blackhawk Road 82,088 $4,589 10-17750-060-02 1850 Beecher Drive 21,370 $1,195 10-17750-070-02 1846 Beecher Drive 22,527 $1,259 10-17750-080-02 1842 Beecher Drive 21,799 $1,219 10-17750-090-02 1836 Beecher Drive 7,158 $401 10-17750-100-02 4535 Lenore Lane 24,219 $1,355 10-17750-120-02 4545 Lenore Lane 46,735 $2,613 10-17750-121-02 4555 Lenore Lane 18,273 $1,022 10-17750-130-02 4565 Lenore Lane 57,778 $3,231 10-17750-140-02 1805 Cliff Road 34,377 $1,921 10-72800-020-01 1815 Cliff Road 21,480 $1,200 10-72800-010-01 1819 Cliff Road 20,002 $1,119 10-17751-020-01 1825 Cliff Road 21,067 $1,178 Totals 555,142 $31,040 Alternative B - Riparian Property Contributing Drainage Area Parcel I.D. Address Area (sq. ft.) Rate/ sq. ft. Total Assessment 10-17750-050-02 4540 Blackhawk Road 82,088 $0.15 $12,468 10-17750-070-02 1846 Beecher Drive 22,527 $3,416 10-17750-080-02 1842 Beecher Drive 21,799 $3,305 10-17750-090-02 1836 Beecher Drive 7,158 $1,080 10-17750-100-02 4535 Lenore Lane 24,219 $3,674 10-17750-120-02 4545 Lenore Lane 46,735 $7,097 Totals 204,526 $31,040 &FEASIBILITY REPORTS '0 1 /Clearview Addition 11 X11 DIFFLEY ROAD 11 c I z o f COR~ EIN. o 1 J I Z w / U TI I,, P~l C % I v L H /L c E G' i ! I i O ~ e T tI l~ O PO P~~1 OF J a ! BAD-1, N o I l o Z p C~ isE D w <1 COA < JNR , I o ~I ~ C c AF, FATS w ox sH= SHALE LN m F-LJ Z! PROJECT LOCATION ^r O ~1 DRJ CL EY v > DE rn NON LANE o\ = 1~PT wl 7- ~z bEECHER DR'- v 0 1 I CLIFF RC ~I CC 3~ / I I M I CLIFF ROAD C I L a >NO/K NG✓IA GALAXIE CT. OKIS 27 SENJA - PARK ,~P \ " ✓ CT 1 \ III I 3 . < LN WIND o ~C~ U lJ t m S 50~ C ` v~ c~A TR. ORSSA KINGS RD. CD COVINGTON 4 N. jqM~ C wi 35E L I LLJ I - S lp ` i / <I~a _ T- I/ NO SCALE G! / ~C f I~ l v 7 I 1 / I VV i 1 G Clearview Addition Storm Sewer Improvements May 8, 01 Fig' City of Eagan Location Map 1 7~ Q FNI NO SCALE 4o f 1841 1839 1835 1815 1821 1843 1833 1829 1825 N 1838 wA~-NUT 1814 1808 1804 ls2o 1840 1824 Z 1844 1836 1832 1830 1826 4396 J 4395 d' W AP-40 >O J 1760 U 1845 1841 1835 1825 1805 1795 1785 BEECHER DRIVE 1770 1796 1790 1780 1850 1846 1842 1836 4540 4535 454 4546 4545 °a iear~';etiv O 4556 0 ddl n O 4555 Y 4550 4566 BP-22 4565 Y V 4576 4580 m 1831 1825 1819 1815 1805 1785 1779 1775 CLIFF ROAD G:Peojed M-*gd061d-NriFp 2 Clearview Addition Fig. Storm Sewer Improvements June 1, 01 City of Eagan Petitioning Properties 74 i EX. STORMS ER POND -40 O ~ Q 1835 1805 1795 1785 r 1845 1841 1825 fC BEECHF~-_DRIVE EX. 18' STORM SEWER - - - - - 1790 1780 1796 1846 I I 1842 1836 1850 PROP. EISEMENI0 20,P Q CO L 45 ~•J,f" UCTU 540 POND 45 6 4545 Z12" STORM SEWER OUTLET PIPE O 45 6 4540 4555 455 456 4566 r\n Lp~j 75 +50 CLEARVIEW ADDITION STORM SEWER IMPROVEMENTS RGURE 3 City of Eagan CITY PROJECT NO. 804 77 i C. Q o O NO SCALE BEECHER DRIVE peso rah v\\ V v~ , v` Zt,799'.SFv ,1588E \v lkd35 VV` 24.219,M 45 820685F. ~ ,A A` V~ ~~yv 4c 4555 \ 46,735 SF C/ a Lk ' #4550 83,658 SF ~~t~O 57,778 SF n #4565 D 1 0 I 21,067 SF 21,480 S Y 30,141 SF 21,400 SF 34,377 SF C~ 20,002 Sf W Q I #4550 Z = 1815 Y W 21,070 SF #1805 0 m 1831 X1825 /1819 W J - 4-1 CLIFF ROAD Drainage Area (Alternative A ) Riparian Properties (Alternative B ) Clearview Addition Fig Storm Sewer Improvements June 1, 01 City of Eagan Assessments 4 I CLEARVIEW ADDITION STORM SEWER IMPROVEMENTS CITY PROJECT NO. 804 INFORMATIONAL NEIGHBORHOOD MEETING June 13, 2001 Attendance: John Gorder- Assistant City Engineer, 11 people representing 11 properties. See attached sign-in sheet. A. Welcome and Introduction Assistant City Engineer Gorder provided the attendees with a brief overview of the project. He also informed the group that the City has received a petition opposing the project. A large majority of the original petitioners for the project have now signed the petition against the project, mainly due to the proposed assessments. He explained that the City will not pursue the construction of this project further if the residents are opposed to it. B. Questions/Comments: 1. Mr. Gregg Judge -1805 Beecher Drive talked to the group about how he felt that pumping of the storm water from the Clearview Pond after the July 2000 storm sustained some of the high water levels in the pond (AP40) behind his house. He sustained home damage. Gorder explained that the Council (as part of the July 2000 storm mitigation improvements) approved maintenance improvements on Pond AP40 to improve existing pipe outlet's ability to drain runoff. They also authorized City staff to further investigate additional options to reduce the high water levels in Pond AP-40. 2. Mr. Ted Wachter - 4540 Blackhawk Road explained that the rationale behind the original petition for the project was to help protect the house and property at 1846 Beecher Drive. The July 2000 storm raised the pond level to within a foot or two of the house. He said they had a small pump going to help keep the level down. He was unaware of the problems on Beecher Drive/ AP40. Now that they know, Wachter said won't pump again if that situation isn't taken care of. He encouraged staff to continue to work with the Council to get the AP40 flooding problem resolved. He doesn't want the Clearview project (804) to move forward. As was previously mentioned, staff is working on additional options to alleviate flooding potential on AP-40. 3. Floyd Forsberg - 4555 Lenore Lane asked if this project if everyone here needs to attend the public hearing to voice their opposition or will the petition against be sufficient? The legal notices for the public hearing have been published, so there will be a public hearing on June 19. However, the petition against the project pretty much speaks for itself. Maybe there is one or two residents that wish to represent the neighborhood at the hearing. 4. Ted Wachter said that he will attend the hearing to represent the neighborhood. The meeting adjourned at 7:00 p.m. NEIGHBORHOOD MEETING CLEARVIEW ADDITION PROJECT 804 WEDNESDAY, JUNE 13, 2001 - 6:30 P.M. NAME ADDRESS 1. ud -vim 4S5 o 3. 4. 5. ~-c 'S~5 5a 6. LO~ 7..JCMes -rrt u) !~or'd. l$l~ Cl;~~ Ro~ 8. P)'\a~ ~~11~5 l gas ~C,1 9. t C.l< a u~ c~ v-- l ~f lo. 1 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet ~D l FOR CITY USE ONLY Petition # Date Received - 1:3 - of Presented to Council PETITION LOCATION/SUBDIVISION C-6cLVVjetd Acgc~60 _ 8W Z I/We, the undersigned, owners of the real property adjacent to Lg py-& La ht (S#rest) orwithin sW'4 of SE'/4 of s~~ oti 2q C'fyas h Da(-0J-x.-g4Subdivision, hereby, petition for: o~~as e Street Improvements Sanitary Sewer Water Supply (Check requested items and please enclose sketch of Storm Sewer x requested improvements) Streetlights Other (Explain) We t(v-uhAemiah,eJ do 6e (04 owe P~o;~f t1l° &'~4 ~ Gl~a~uce~:y Yldd~~~a I/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. Signature of Land Owner Address of Property 1 • vl e a soh - F~rsbeTa 45 ~CMiPp2 1 C kl 3. at 1"Or LeAn lf-e-e'y~ . 4• ah .4 /hJ 6. ,1 D 7. - 8. 9. 10. -A prtgcvt-4 S(C106V7'' POW 'qg6Lo45f lts#lfeasres.fm i W. Q 0 NO SCALE 4U 1841 1839 1815 1835 1821 1843 1833 1829 1825 1638 WALNUT 1620 1814 1806 1604 1840 1824 Z 1844 1636 1832 1830 1826 4396 J 4395 !L' W AP-40O U 1760 J 1645 1841 1835 1825 1805 1795 1785 BEECHER DRIVE K~xx 1770 1796 1790 1780 1850 1846 1842 1836 4540 ••••4535•• 4540 4546 .45456 . o C/ea~' Y. O r V ie w 4556 Y 0 4550 4566 BP-22 456 Y V 4576 J 4560 4~ m 1831 1825 1819 1815 1805 1785 Original petitioners for project Original petitioners for project CLIFF ROAD Now against project New petitioners against project Q:P npffl0WwyWAff4 2 Clearview Addition Fig. Storm Sewer Improvements June 14, 01 City of Eagan Petitioning Properties 2a Agenda Information Memo June 19, 2001 Eagan City Council Meeting A. APPROVE DESIGN DEVELOPMENT PLANS FOR COMMUNITY CENTER BUILDING; AUTHORIZE PLANS AND SPECIFICATIONS ACTION TO BE CONSIDERED: Approve the design development plans prepared by the firms of TKDA and Moody/Nolan, Inc., and approve the commencement of the plans and specifications phase. FACTS: • TKDA and Moody/Nolan, Inc. have worked with the City of Eagan to prepare design development plans in accordance to citizen and subcommittee input. • The schematic design plan was approved in late March of 2001, which put the project in the design and development phase. • Design and development plans were submitted to the City in mid May of 2001, and discussed at a special City Council/ Advisory Parks Commission workshop on May 22. • The next phase of the project is to prepare construction plans and specifications. ATTACHMENTS: • None ~J .I . p Agenda Information Memo June 19, 2001 Eagan City Council Meeting B. APPROVE DESIGN DEVELOPMENT PLANS FOR CENTRAL PARK SITE; AUTHORIZE PLANS AND SPECIFICATIONS ACTION TO BE CONSIDERED: Approve the design development plans prepared by the firms of Damon Farber Associates, and approve the commencement of the plans and specifications phase. FACTS: • Damon Farber Associates have worked with the City of Eagan to prepare design development plans in accordance to citizen and subcommittee input. • The preliminary site plan was approved in early March of 2001, which put the project in the design and development phase. • Design and development plans were submitted to the City in May of 2001. • The park site subcommittee has met with Damon Farber Associates several times to provide guidance and direction in the Site Plan. • The next phase of the project is to prepare construction plans and specifications. ATTACHMENTS: • None Agenda Information Memo June 19, 2001 Eagan City Council Meeting C. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to City Code Chapter 5, Section 5.33 (Liquor License Restrictions and Regulations). FACTS: ➢ At their regular meeting of June 5, 2001, the City Council directed staff to bring an Ordinance Amendment back on June 19, 2001 for the purpose of reviewing the Liquor License Restrictions and Regulations. ➢ Specifically, discussion on June 5th revolved around the 300' spacing requirement for placing a liquor related use in proximity of a daycare establishment. The Council discussed the fact that there are currently liquor establishments within 300' of a daycare use and the potential for more because the spacing requirement is not reciprocal. One specific example of this is (where the spacing requirement was not imposed because the liquor use was in place before the daycare) the Hilltop MGM located next to a Children's World Daycare. ➢ The Council further commented that perhaps the spacing requirement is antiquated when there is a situation where both uses would be part of a coordinated commercial center. In that case, the Council wanted to consider whether it may be appropriate to allow both types of uses within the same development. ATTACHMENTS: (1) Draft Ordinance Amendment, page. ~5 .1 o Olt ORDINANCE NO. 2ND SERIES P 4?*44ttr AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.52, SUBDIVISION 8, REGARDING LOCATION OF LICENSEES RELATIVE TO DAYCARE CENTERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 5 is hereby amended by changing Section 5.52, Subd. 8, to read as follows: Subd. & No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; daycare center structure; or church structure:, except as provided herein. A license may be granted for any building within 300 feet of any of the above listed uses when the proposed license premises and listed uses are located within the same zoning district and planned commercial development. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Mira McGarvey By: Patricia E. Awada Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: t ~ i Agenda Information Memo June 19, 2001 Eagan City Council Meeting D. PLANNED DEVELOPMENT AMENDMENT - WALTER R. DEDRICK ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to change the allowable use of a 7,123 foot retail commercial building from a video rental store to some or all of the uses allowed within the CSC, Commercial Shopping Center District located on property north of Cliff Road and west of Thomas Lake Road (Lot 3, Block 1, Thomas Lake Center) in the southwest'/4 of Section 28 subject to the conditions in the APC meeting minutes. FACTS: ➢ This item was continued from the June 5, 2001 City Council meeting to allow the City to consider an amendment to Chapter 5, Section 5.33 of the City Code which would allow the issuance of a liquor license to buildings within 300 feet of a daycare center. Such amendment is considered relevant to the applicant's desire to establish a class I restaurant with liquor (Axel's River Grille) upon the subject property. ➢ The applicant has requested that the existing Blackhawk Park Planned Development (applicable to the property) be amended such that some or all of the uses allowed within the City's CSC, Commercial Shopping Center District, including on-sale liquor, be allowed to occupy the subject building. The Planned Development presently specifies that only a video rental store use may exist on the property. ➢ According to the applicant, Video Update recently filed for bankruptcy and has vacated the building in question. To enhance re-tenant opportunities, the applicants wish to amend the Planned Development to make an allowance for a wide range of retail commercial uses, similar to those that are presently allowed within the Thomas Lake Center to the north. ➢ Approval of the requested amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming Planned Development Agreement. ➢ At their regular meeting on May 22, 2001, the Advisory Planning Commission held a public hearing to consider the Planned Development Amendment and recommended approval subject to the conditions listed in the APC minutes. 17 .1 A ISSUES: ➢ The APC has recommended that only certain permitted uses and that no conditional uses in the CSC district be allowed to occupy the building in question (see APC meeting minutes). ➢ Approval of the Planned Development Amendment shall be subject to the execution of a Final Planned Development Agreement. ATTACHMENTS (4): Minutes of the May 22, 2001 APC meeting, pages~througlb Staff report, pageftthrough~ Letters of Support, pages 9- through City of Eagan Planning Commission Meeting DRAFT May 22, 2001 Page 3 PLANNED DEVELOPMENT AMENDMENT - WALTER R. DEDRICK Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment to allow Community Shopping Center uses on Lot 3, Block 1, Thomas Lake Center (Video Update), located at 1555 Cliff Road in the SE of Section 28. Planner Kirmis introduced this item and highlighted the information presented in the City staff s planning report, dated May 17, 2001. He noted the background, history and existing conditions. Kirt Johnson, representative of Walter Dedrick stated Mr. Dedrick would like to lease the building to a long-term tenant. He stated a portion of the permitted and conditional uses within the CSC district are not applicable. Chair Heyl questioned Mr. Johnson on the non-applicable uses in the CSC district. Mr. Johnson stated the following uses in the CSC district are not applicable: number 2 including :antiques, art and school supplies, clothes pressing, dressmaking, department stores and junior department stores, furrier shops, hats, interior decorating, watch repair, Laundromat, locksmith shops, phonograph records, tailoring, theater, sports and health clubs, private clubs and lodges, any use permitted under subdivision 13, subparagraph B and item 2 for the principal shopping center building only. Number 7 including Amusement devices, not to exceed three machines at one licensed locations, and which shall not be located within 200 feet of another licensed location, for this purpose the outside wall of each licensed location shall be used in the measurement of the distance between locations. Number 8 including pawnshops. Number 9 including public utility tower mounted antennae, subject to the regulations thereof in the Code. Chair Heyl questioned the distance between the property and any residential property. Mr. Johnson stated the nearest residential property is located on the opposite side of Cliff Road. Member Segal questioned what uses presently occupy the Thomas Lake Center. Mr. Johnson stated the current uses in Thomas Lake Center. Member Segal stated the allowed uses for the former Video Update property should not differ from the uses allowed for Thomas Lake Center. Senior Planner Ridley stated the property was originally approved for a video store. He stated the owner does not have another option at this time, therefore, he is applying for uses in the CSC district. o<G ip City of Eagan Planning Commission Meeting May 22, 2001 DRAFT Page 4 Member Steininger stated the proposal is premature, more specific information is needed on tenant possibilities before approval. Member Hunter stated the property should not be permitted for all uses in the CSC district, therefor more specific information is needed before approval. Planner Kirmis stated the applicant would like to open the property to an array of uses. Chair Heyl questioned the signage proposed on the property. Planner Kirmis stated the conditions for the signage still apply. Chair Heyl opened the public hearing. Brian Slovik, owner of Thomas Lake Center stated his opposition to the uses in the CSC district that may negatively affect his tenants. He stated he would like to have a chance to express his opinion on any possible tenants. Member Hunter questioned Mr. Slovik of uses that he opposes. Linda Slickaver, owner of child care center in Thomas Lake Center stated her opposition to any businesses involving liquor or tobacco distributions. There being no other public who wished to comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated her opposition to a restaurant on the property. Member Segal moved, Member Steininger seconded to approve the Planned Development Amendment permitted use with the exceptions noted and exclusion of off sale liquor, catering services, tobacco sales, any use permitted under subdivision 13 and Conditional Uses. A vote was taken on the motion. Aye: Steininger, Bendt, Huusko, Chair Heyl, Segal and Hunter. Nay: Nosbush. Member Nosbush stated his concern that Thomas Lake Center is being given an unfair advantage. I PLANNING REPORT CITY OF EAGAN REPORT DATE: May 17, 2001 CASE: 28-PA-03-04-01 APPLICANT: Walter R. Dedrick. HEARING DATE: May 22, 2001 PROPERTY OWNER: Walter R. Dedrick PREPARED BY: Bob Kirmis REQUEST: PD Amendment/Final PD LOCATION: North of Cliff Road and west of Thomas Lake Road (Lot 3, Block 1, Thomas Lake Center) COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Walter R. Dedrick is requesting approval of a Planned Development Amendment to change the allowable use of a 7,123 foot retail commercial building (former Video Update) located on property north of Cliff Road and west of Thomas Lake Road currently platted as Lot 3, Block 1, Thomas Lake Center. The subject site lies north of Cliff Road and west of Thomas Lake Road. Specifically, the applicant has requested that the existing Blackhawk Park Planned Development (applicable to the property) be amended such that some or all of the uses allowed within the City's CSC, Commercial Shopping Center District, including on-sale liquor, be allowed to occupy the subject building. The Planned Development presently specifies that only a video rental store use may exist the property. Approval of the requested amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. iw Planning Report - Video Update May 22, 2001 Page 2 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. BACKGROUNDMISTORY The subject site is part of the Blackhawk Park Planned Development (PD) that was approved in June of 1977. The original Planned Development overlays 435 acres of land located west of Pilot Knob Road in areas between Yankee Doodle Road and Cliff Road and calls for a wide range of uses including residential, quasi-public and retail commercial. In September of 1995, the City approved a Final Planned Development for Lot 3, Block 1, Thomas Lake Center (the subject site) that called for the construction of a 7,123 square foot video rental store on the property. According to the applicant, Video Update recently filed for bankruptcy and has vacated the building in question. To enhance re-tenant opportunities, the applicants wish to amend the Planned Development to make an allowance for a wide range of retail commercial uses, similar to those that are presently allowed within the Thomas Lake Center to the north. To be noted is that the applicant has recently had discussions with a Class I restaurant (Axel's River Grille) owner who has expressed interest in the property. EXISTING CONDITIONS The single story, 7,123 square foot commercial building located upon the subject property is presently unoccupied. The property is accessed from the north and west through the Thomas Lake Center parking lot. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Thomas Lake Center; zoned PD, Planned Development and designated RC, Retail Commercial South - Single Family Residential; zoned PD, Planned Development and designated LD, Low Density (0-4 units/acre) East - Single Family Residential; zoned R-1, Single family Residential and designated LD, Low Density (0-4 units/acre) O~QL l Planning Report - Video Update May 22, 2001 Page 3 West - Thomas Lake Center; zoned PD, Planned Development and designated RC, Retail Commercial EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is bounded on the north and west by commercial uses and has historically been used for commercial purposes (video rental store). While the allowance of retail uses other than a video rental store represents a change to the Planned Development, the proposed uses are considered to be of similar intensity and appears compatible with uses in the area. CSC District - As noted previously, the applicant has requested a change to amend the Planned Development to make an allowance for CSC District uses (similar to use allowances within the adjacent Thomas Lake Center) within the subject building. According to the City Code, the purpose of the CSC District is to serve the weekly needs of adjoining residents and a population from 10,000 to 40,000 persons. The following is a listing of permitted and conditional uses within the CSC District. Permitted Uses: 1. Retail shopping centers 2. Retail shopping center uses shall be limited to the following uses unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies; bakeries; barbershops; beauty parlor; bicycles; carpets and rugs; catering establishments; china and glassware; clothes pressing; wearing apparel; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances; florists; food; furniture; fierier shops; garden supplies; gifts; hardware; hats; hobby shops; interior decorating; jewelry; watch repair; laundry and dry cleaning pickup; laundromat; leather goods and luggage; locksmith shops; musical instruments; office supplies; paint and wallpaper; phonograph records; photography studios; shoes; sporting goods; tailoring; theater, except open air drive-ins; tobacco; toys; variety stores; grocery stores; off-sale liquor; sports and health clubs; private clubs and lodges; and any use permitted under subdivision 13, subparagraph B, item 2 for the principal shopping center building only. 3. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area. 4. Restaurants, class I only.* 5. Offices of a general nature when the operations do not include retail sales or warehousing from the site. 6. Banks and savings and loan office. 0c .L .A Planning Report - Video Update May 22, 2001 Page 4 7. Amusement devices, not to exceed three machines at one licensed location, and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measurement of the distance between locations. 8. Pawnshops. 9. Public utility tower mounted antennae, subject to the regulations thereof in the Code. * Liquor is subject to an independent licensing requirement Conditional uses. 1. Outdoor storage, and then only conducted by an occupant of the shopping center. 2. On-sale liquor, 3.2 beer or wine. 3. Restaurants, class II. 4. Multiple-dwelling complexes. 5. Transit station. 6. Carwash. 7. Automobile service stations: 8. Banks and savings and loan offices with drive-up tellers. 9. Bowling alley, skating, archery or similar commercial recreation when conducted entirely within a building. 10. Outside storage and sales of garden supplies. 11. Motel or hotel. 12. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 13. Seasonal outdoor sales. 14. Coffee kiosks. A determination as to the acceptability of allowing CSC, Commercial Shopping Center District uses upon the subject property is considered a policy matter to be determined by City Officials. Site Plan - No physical changes to the site have been proposed. SUMMARY/CONCLUSION A determination as to the acceptability of allowing CSC, Commercial Shopping Center District uses upon the subject property is considered a policy matter to be determined by City Officials. Staff believes that, as a Planned Development, it would be appropriate for the APC to recommend, and that the Council specify all of some of the uses that they deem appropriate for this site. 0 Planning Report - Video Update May 22, 2001 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to change the allowable use of a 7,123 foot retail commercial building from a video rental store to some or all of the uses allowed within the CSC, Commercial Shopping Center District located on property north of Cliff Road and west of Thomas Lake Road in the southwest of Section 28. If approved, the following conditions should apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to occupancy of the building. w. O Eagan Boundary Location Map ~P~ iArea tentino Building Footprint 3 o a I=I~I~I~I=1 ~1 4 9 a as ® 5, as v a dkd Sao BS ® i ® ® Is o oa ' ® ® d ® 00 TE LN 1 ® a~' ®o s is 40 j a a s w~ i 9 a • Sub Oct Site ~ • i ♦ a ♦ d ~ 3' d s' • . P 8 97 FF we .7 EEI ® 03 ' q 3 o d' r A ; a. ® A a. e 9 ~ ® 1, 9 Ia r a~ 1 ~ i . r a! ® b r 9 9 d~ +9 r s* w; m o o ® ® e, ® 0 3 w ♦ w. a, -7 3F ® s a z+ + a i< ar • ' 4; a y a ' 9 Aa ~ a P ~ 1j 3• ° s ! i + a V All s g • a t I Ire.. as 1000 0 1000 2000 Feet Development/Developer: Walter R. Dedrick Application: Planned Developme~nnttt Amendment Case No.: 28-PA-03-0401 Map Prepared wing ERSI AreVlew 3.1. Parcel base map data provicad N by Dakota County Land Survey Deparrbwnt and is current as of April 2001. THIS MAP Is INTENDED FOR REFERENCE USE ONLY w E City of Eagan M. ; N N E S The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S cernrrwrrty Development Dep-Wrent not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Walter R. Dedrick Land Use Map Case No. 28-PA-03-0401 Zoning Map P O R-1 Current Zoning: PD PD PD Planned Development R-1 Q FPD S.A.M. C.2 (CUFF ROAD) ® P I® P R-9 -1 •a• 0 .oo ,100 F." Comprehensive Guide Plan L Land Use Map P P MD RC LD Current Land Use Designation: RC RC RC LD QP Retail Commercial C- AL s (CUFF ROM) E9 IS LD P c os• • too uoo F.., f Parcel dap map Morn,atl•n tuevWdby Dakota County Land Survey Dopartm•rt "DiM1. N 2onM NMn,atl.n maMUtn.d by Clty St". City of Eagan Z. W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department Tke City of Eagan and Dakota Cotnty do not guarantee the accuracy of this Information. S H I ■wn )rv~ 7 ett, i 1 i S i i) I 3 S1J3F1H~lY. ,f;'l; .N vvo.3 j~' 3LVUd:I 03U1., i•Ia Id J lox 73 4 Ell !'ii 1.717 30 of i ; s! 4 t I T I ^ a 1iI`~.lal~ I ~ ' ~ Y iy ~ • I ~i 4~!• •>i C ' ~1~~ ~ b ! } I y~w FI ~ L , LLI Z- GO a" r is I '''°c'':':'':•' 4 I xr. 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I ~r I Ci li ' r BUILDING ELEVATIONS .I 06:11.01 KON 13:09 FAX 7638476633 PARK MIDWEST 2002 LETTER OF SUPPORT We, the undersigned are tenants within Thomas Lake Center and are in SUPPORT of Charlie Burrows & Linda Young (owners of Axel's River Grille) in their attempt to open a sit-down restaurant, serving on-sale liquor, at the Former Video Update property at 1555 Cliff Road, Eagan, MN. Name: Company: 2) ~ Q - ~ .ems 3) 4) G LqA 5) VIVA 7) 8 -cc 14. - 9) t 1 o fi' 10) 12) > /Iij 13) ~K ~o n s` s 1 _ 2 P.cl 1 s) r 18) V 20) ~S 21) i Celebrating A Yocum Oil company, Inc. Of Outstanding Customer Service June 12, 2001 Bob Kirmis City of Eagan, Planning Department 3830 Pilot Knob Road Eagan, MN 55122 Dear Sir or Madam: I am writing to you on behalf of the proposed development for Thomas Lake Center. As a neighboring retailer, I believe that most retail uses would be appropriate for existing land already marked for development. I see no conflict with the proposed restaurant. The commercial development is planned out to accommodate such a use and I feel it would be a positive draw for the neighborhood. The development at Thomas Lake Center has proven successful for us and I hope that we have been a good neighbor in the community. I expect that commercial neighbors will also strive to be an asset in the community and I see no exception with the proposed restaurant. I would prefer to stay somewhat neutral in the decision, yet encourage positive developioBusiness r continued success within the development. Si rel0 Timothy um, V.P. ManageDevelopment An Equal Opportunity Employer Corporate 2719 Stillwater Road Des Moines 10315 Hickman Road Office St. Paul, Minnesota 55119 Des Moines, Iowa 50322 MN 651/739-9141 9 WI 715/386-6466 515/276-0814 800/848-9126 V 800/451-6904 FAX 651/739-6400 www.yocumoil.com .1 06%15%01 FRI 06:59 FAX 7638476633 PARK MIDWEST Z002 INTNah/,TNrN4. f..NrN.JI.,N' 41rNll.r, rte. T.N. _ PARK MIDWEST hnmt~nku C'umpany COMMERCIAL REAL ESTATE (r! Friday, June 15, 2001 Mr. Bob Kirmis City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: NEIGHBORHOOD MEETING Dear Bob: Last evening, we invited the residential neighbors and Thomas Lake Center tenants to a gathering at the former Video Update property, to avail them the opportunity to meet the ownerstoperators of Axel's River Grille, view pictures of existing Axel's locations, sample some food, and most importantly, answer any questions or concerns. We had a nice turnout, and I am attaching a signature letter of support from the neighbors who attended. Again, the main purpose of this meeting was to address any concerns of the neighbors, answer any questions they may have had, and quell any rumors that may be swirling around the neighborhood regarding this proposed project. It was refreshing to meet with the two closest neighbors to this project, Susan Gustafson (4550 Thomas Lake Road) and Philip & Thera Burtt (1551 Lancaster Lane), as they would be most affected by any new development in this location. Both neighbors attended the meeting, asked legitimate questions and left the gathering in support. We would have hoped more of the neighbors in the area who are either "on the fence" or in opposition would have attended to meet Charlie Linda to and have their concerns addressed. Feel free to call me with questions. Sincere) V I~Ww/ Jeff Houge V.P. Sales & Leasing (763)847-6670 8085 Wayzzita Blvd., Suite 11 Minneapolis, Uffice 763/847 6600 Fax , 1 06.15.01 FRI 06:59 FAT 7638476633 PARK MIDWEST zov f I . 2V o-jw loco of- P'04r d' 'Of Aj / ~~v crr~ ~zo y~r-tam-► P/Ull ool f2a V, lt'~ l C"~X (J~tir ~ Mirv S g~ .I A Agenda Information Memo June 5, 2001 Eagan City Council Meeting E. STORM MITIGATION IMPROVEMENTS - STATUS UPDATE ACTION TO BE CONSIDERED: Review the status of proposed study or improvements for miscellaneous areas and provide direction regarding future work efforts. FACTS: • On April 26, 27 and 30 this year, the City Council held a series of special public meetings to review the Preliminary Design Report (PDR) presenting proposed storm drainage mitigation improvements for various locations throughout the community that experienced structural flooding during the Super Storm of July 2000. • During those meetings, the Council made a total of 42 motions providing direction to either: 1) proceed with the preparation of construction plans and easement acquisition (27) 2) continue indefinitely or to a date specific (3) 3) prepare detailed feasibility reports of different options (5), or 4) deny the improvements (7) • 2 proposals were continued to the June Council meeting specifically: South Beacon Hill Rd. (Area 6), and Oakbrooke Add. ( Area 4) for a status update of the program funding (So. Beacon Hill Rd.) and the schedule of the anticipated development of the land south of Diffley Rd at Johnny Cake (Oakbrooke). The Planning Department has provided a memo regarding the Diffley Rd and Johnny Cake area, and the State Legislature is still in session regarding any funding assistance to Eagan's flood mitigation program. • At the special Council workshop on May 29, the Council directed staff to provide a status report on June 19 regarding the feasibility report options for the Beaver Dam Rd. and Bear Path Trail improvements (Area 3). The City's consultant has provided an abbreviated analysis for Council's consideration. • Notices regarding the June 19 discussion were sent out to the same mailing list as the previous special council meetings when the proposals were originally discussed. ATTACHMENTS: • Planning Memo, page q-v-. • Consultant report, pages -9--1r- through /Q . • Resident letter, pages JQ 1 and . e3 ~'3 i MEMO city of eagan 40b-~, TO: Russ Matthys, City Engineer FROM: Mike Ridley, Senior Planner DATE: June 15, 2001 SUBJECT: Diffley/Johnny Cake Ridge Road As requested, the following is the current status of the properties located at the southeast and southwest intersection of Diffley and Johnny Cake Ridge Roads. Southeast: Owner: EHW Properties Zoning: R-1, Single Family Guide Plan: MD, Medium Density Status: Property owner is presently litigating the City's R-1 zoning action Southwest: Owner: Astleford Zoning: RB, Roadside Business Guide Plan: RC, Retail Commercial Status: Owner intends to resurrect the late 1999 mixed use application within the next several months Please contact me if you have any questions or need further information BONESTR00 ROSENE ANDERLIK R 6516361311 06/14/01 10:51 :02/08 NO:159 Beaver Dam Road/Bear Path Trail Alternative Storm Drainage System Improvements June, 2001 REVIEW DRAFT Sonestroo Rosen Anderilk b Associates "Ineer: i ArO tects BONESTROO ROSENE ANDERLiK R 6516361311 06/14/01 10:51 5 :03/08 NO:159 1.0 Introduction and Background The Preliminary Design Report for stormwater drainage system improvements in the aftermath of the July 2000 super storm (April 2001) outlined a series of infrastructure improvements to reduce flood risk for residents adjacent to the Beaver Dam Road/Bear Path Trall intersection. Currently, the low entries of eleven homes adjacent to this intersection are below the 2-foot freeboard for the 1% rainfall high water level in this intersection. Thus, they do not meet the City's minimum standards for flood protection. The original proposal presented in the report involved several improvements (classified as "basic" improvements) necessary to bring this neighborhood up to the minimum freeboard standard. These Improvements are shown in Figure 1 and described below: • Construction of a new pond In that portion of Meadowland Park immediately southeast of the Intersection (designated Pond AP-22 North on Figure 1). • Re-construction of the Intersection to provide an emergency overflow for water collecting In the intersection to Pond AP-22 North. • Installation of a 36" diameter pipe beneath the existing driveway serving Meadowlark Park and connecting proposed Pond AP-22 North to Pond AP-22 South In the Highline Corridor. • A minor enlargement of Pond AP-22 South to increase its storage capacity for extreme runoff events. Execution of the improvements presented will provide both adequate freeboard for the 1 % rainfall event to meet the City's minimum standards as well a level of protection sufficient to protect residences from flooding under conditions like that of the July 2000 storm. In addition, an emergency overflow will be provided from the Beaver Dam Road/Bear Path Trail Intersection to Pond AP-22 South. At its April 26, 2001 meeting, the City Council directed staff to prepare a feasibility study to evaluate alternatives to the above plan that would not involve construction of Pond AP-22 North. 2.0 Alternative The most reasonable alternative to the original proposal is described below. Alternative 1 - This alternative would involve re-construction of the Beaver Dam Road/Bear Path Trail intersection and Installation of a large pipe (36" diameter) to drain the intersection directly to existing Pond AP-22 in the Highline Corridor. For storms larger than the 1 % rainfall event, water levels in Pond AP-22 reach a point where they backup water through the pipe into the Beaver Dam Road/Bear ~w A BONESTR00 ROSENE ANDERLIK R 6516361311 06/14/01 10:51 (5 :04/08 NO:159 Path Trail intersection. To provide protection for a July 2000-type storm for the low residences adjacent to the intersection, Pond AP-22 would be enlarged to a greater extent than that identified in the original proposal. The increase in Pond AP-22 would not be large enough to impact the wetland that lies east of Pond AP-22 in Meadowland Park. The improvements described above are shown in Figure 2. Special considerations for this alternative are as follows: • Alteration to Meadowland Park would be largely eliminated because Pond AP-22 North would not be built. Construction of the 36" pipe to Pond AP-22 (South) would cause a temporary disturbance to the Park during construction, but the Park area affected would be restored. These improvements would enable the target area to meet the City's minimum freeboard standard for the 1 % rainfall as well as just meet the July 2000 storm benchmark for the lowest residence adjacent to the street intersection. • This alternative is slightly less expensive to construct than the original project proposed. Passage of large volumes of water from the Beaver Dam Road/Bear Path Trail intersection would be reliant on drainage through a pipe instead of flow through an emergency overflow as in the original proposal. The latter is generally a more dependable method of passing large volumes of water, since an overland drainage route is less likely to plug. 3.0 Effect and Cost of Improvements Presented below are the Impacts and costs of the originally proposed improvements and the alternative presented above. An itemized cost estimate for the alternative is presented in Appendix 1. Original Alternative P.112Qosal Low Entry 882.3 882.3 Elevation of intersection low point 878.0 878.0 1% Rainfall Nigh Water Level 880.3 880.3 July 2000 Storm Peak 881.8 882.1 Improvement Cost $278,000 $270,700 Meets 1 % Freeboard Criteria? Y Y Meets July 2000 Storm Benchmark? Y Y 97 i BONESTR00 ROSENE ANDER U K R g 6516361311 06/14/01 10:51 (5 :05/08 NO:159 Appendix 1 98' .I A BONESTR00 ROSENE ANDERLIK R 6516361311 06/14/01 10:515 :06/08 NO:159 AREA 3 MEADOWLANDS, HILLANDALE, CEDAR CLIFF File No. 49-00.109 Part I - Beaver Dam Road/Pend AP-22 Alternative 1 Qty Units Item Unit Price Total Price 1 LS Mobilization 5s,000.u0 $5,000 1 US Traffic control 53,000.00 53,000 1 LS Clear and Grub $5,000.00 $5,000 1100 SY Remove bituminous pavement $3.00 53,300 440 LF Remove concrete curb and gutter $5.00 $2,200 100 SY Remove concrete driveway pavement $5.00 $500 600 LF 36" RCP storm sewer, Class 4 $60.00 $36,000 6 EA 36" RC LR Bend, Class 4 S500.00 $3,000 1 EA 36" RCP flared end section, inci trash guard S2,100.00 $2,100 60 CY Class III Riprap, placed at flared end section $50.00 $3,000 2 EA 5' diameter storm sewer MH $2,500.00 $5,000 4 EA Catch basin manhole (4' diameter) $1,200.00 54,800 3 EA Catch basin (2' x 3') $1,000.00 53,000 20000 CY Pond Excavation (P) $4.00 $80,000 900 CY Common excavation (EV) - street $7.00 $6,300 1100 SY Subgrade preparation - street $1.00 $1,100 835 TN Select granular borrow $8.00 56,680 555 TN Aggregate base, Class 5 $10.00 55,550 140 TTY Bituminous base course, Type 31B $34.00 $4,760 105 TN Bituminous wear course, Type 41A $38.00 53,990 55 GAT. llitumirniic rn !,•rint fn, tack coat $150 583 440 LF B618 concrete curb and gutter $12.00 $5,280 100 SY 6" concrete driveway pavement $36.00 53,600 150 LF Sawing Httuminous Pavement 53.00 $450 100 LI: Improved pipe foundation $3.00 $300 2 EA Adjust Frame and Ring Casting $250.00 $500 2 EA Adjust Valve Box $175.00 $350 2 EA Protection of catch basin in street $50.00 $100 6 HR Street Sweeper with operator $80.00 $480 6 HR Motor Grader with operator S90.00 $540 10 1000 GAL Water fur dust control $20.00 $200 3 AC Seeding, incl seed, mulch and disk anchor 51,500.00 $4,500 1,900 SY Sodding, lawn type $2.00 $3,600 80 CY Topsoil borrow (LV) $10.00 $800 Subtotal $205,062.50 + 10% Contingencies S20,506.25 Construction Total S225,568.75 +20% Indirect Costs $45,113.75 Total Improvements $270,682.50 49/49001 Wdesignlarea3-alternative llalternative 2 I BONESTR00 ROSENE ANDERLIK R f 6516361311 06/14/01 10:51 :07/08 NO:159 i NOS / 1111 • ' •1 I - ' co (D 00, co I ' J~ ion W of l a 'bvoa ►~ra'a3 r3~ - Q _ r I ~ l oY #n ` DIY. 1 HlYd aY3Q 71 -7- f L , I .t o~ p7 1 I~n ` 1 ° Ik `II I / at I I,`.1 61 cr u F Y ! • Z I r ' 1 WI w M 0 j I z CV CV r I LLJ '(1voll V) 1 i I a N Nit ~ I • 11Y: 1 Hlvd 038 I o T._ A ~I 1~ t I { l , I, o o r\ Mob NNY?1 It. I O < ) >r ! I I f~ ~D r oNrx ' f l ! .1 oan m m `D~ .I . B0NESTR00 ROSENE ANDERLIK R 6516361311 06/14/01 10:51 (5 :08/08 NO:159 { I col 0000, co c 7 9. ? I I F.. I o ~ f 1 ~ w ~ I NO ry _ Q o W 3 I J , ~ n (Y urOtl~~V01 3 3p - 111L s N _ ,IVai HiVd NV39 -I I V1 CL OVOH NNVa I - - - - _ \ I .LL z .1 ,r p J ~ ~ r 7i( I1 1 r~ "eMp! woo I O10 ' - ~ 1 1 ! d } c - 1 -c-1-~fj _.-t OYU NHVN I Z j 1 1 co l co CO t 4130 Oakbrooke Trail Eagan Mn 55122 June 12, 2001 Office of the Mayor/City Council Members City of Eagan 3830 Pilot Knob Road Eagan, Mn 55122-1897 Dear Mayor Awada and City Council Members: Last night, residents of the Oakbrooke community near Diffley and Johnny Cake Ridge Road once again watched fearfully as a small, one acre pond near the heart of their community filled with water from a summer storm. An inch of sudden, hard rain caused the pond to rise rapidly as water boiled from the intake pipes. The assurances of the City's computer models seemed largely insignificant in light of the visual evidence before them. Memories of the July 8, 2000 disaster and the devastation it caused came flashing back. It has been almost a year since that terrible event. Much of the physical damage has since been repaired, at great cost. Residents have reconciled themselves to significant property and personal losses; but, the experience of that night and the emotional scars are still all too real. A year later, residents still await action to assure them that a serious rain will not once again flood this community. Fortunately, there is a solution at hand. Part of that solution involves the recognition of a need for increased ponding in this area, both south of Diffley and in the new neighborhood Pulte Builders is developing north of Oakbrooke. The Council needs to expedite the creation of this ponding system and fully support that option. But a second, complementary action is needed now. Pond #35 does not have an adequate outlet to address the effects of concentrated drainage from hard rains. There is no overland outflow. While most of the buyers of property there saw the large drain pipe (several feet across) which rises up out of the pond, few if any knew the large pipe which is visible feeds into a small 12111ine that isn't visible. An emergency outflow pipe to supplement the existing outflow is needed. The City Engineer has developed a plan to lay an additional outflow pipe over the existing pipe. This outflow would only operate in "emergency" situations: The cost of this outlet is approximately $75,000. The Council should act to approve and expedite construction of this outlet system immediately for the following reasons: ---Cost-benefit ratio: The July 2000 storm caused an estimated $1.5 million dollars in property damage/losses to over 20 homes in this area. That is a benefit to cost ratio of 20 to 1; far exceeding the economic justification of most flood control projects. This is a simple, effective and extremely low cost alternative. ---Creation of the additional outlet reinforces the utility and effectiveness of the additional ponding which is planned. In simple terms, it makes better use of the ponding which will be available to avoid property damage in heavy rainfall events, thereby maximizing the capabilities of the total drainage system. ---Construction is currently underway in this area. Putting the outlet in at this time will minimize disruption to the community and costs associated with placing the pipe. ---Emplacing the outlet pipe will give immediate, interim protection to the residents of this area while additional ponding and other drainage improvements are completed. We urge you to act now to give the residents of our community adequate protection from such extreme devastation and the peace of mind to enjoy our community and our lives in Eagan. Sincerely, Lynn and Mary Harris QJ Agenda Information Memo June 19, 2001 Eagan City Council Meeting F. ARC RECOMMENDATION REGARDING MAC PART 150 SOUND INSULATION PROGRAM ACTION TO BE CONSIDERED: To consider the recommendation of the Airport Relations Commission regarding the 2005 MAC Part 150 DNL 64-60 Sound Insulation Program. FACTS: • The City of Eagan has participated in the Metropolitan Airports Commission update of the Part 150 Study over the past two years. The final step in that process, before MAC submits the document to the FAA for review and approval, is a determination on the level of mitigation programs to be provided for residential homes in the 2005 DNL 64-60. MAC has had this issue before them since February 2001 and has yet to come to a final conclusion. • The Eagan City Council previously passed a resolution supporting full acoustic sound insulation for all homes in the DNL 64-60. At the most recent MAC Planning & Environment Committee meeting on Tuesday, June 5, the committee considered a motion to provide full insulation. The motion failed on a 3-4 vote. No subsequent motion was forthcoming and the issue will be considered again in the near future. • At its meeting on Tuesday, June 12, 2001, the ARC passed a motion that the City Council consider the following recommendation regarding the MAC Part 150 program: ➢ The Metropolitan Airports Commission should provide a sound insulation package to residential properties within the 2005 DNL 64-60 that meets the following objectives: ✓ Every single-family residential property be treated to attain a 45 dB interior noise level, with a $5,000 minimum modification and/or compensation package and no maximum cost (i.e.: if a current older home in the 64 DNL requires insulation, windows and AC to meet the 45 dB level, it is provided regardless of cost-in contrast to the current program for 65+ DNL which provides a complete package regardless of need, resulting in net interior levels potentially below the 45dB threshold). ✓ If a single-family residential property is determined, by pre-treatment testing, to already be achieving a 45 dB interior noise level, that property owner would be given the option of signing an avigation easement and receive $5,000 compensation. If a property is determined to only need certain measures to meet the threshold (say, AC only), it would be provided and, if less than $5000 cost, the owner would be entitled to receive the difference if electing an avigation easement. ~D ~ .I ✓ Should a property not require acoustic treatment and should the property owner not choose to be compensated for signing an avigation easement, MAC is not responsible to further include that property in the program. ✓ MAC will increase the funding for mitigation from their budgeted $25 M/year and current commitment of $36.5M/year to a new budget of $40M/year. • The above recommendation was judged a reasonable alternative by the ARC which would guarantee Eagan's homeowners the same net result in interior disturbance as the current DNL 65+ program while allowing the homeowners some choice, and compensating homeowners (penalizing MAC) who do not need actual acoustic measures but who are still effected by the increased noise levels. Additionally, while the above measure appears to offer a benefit to MAC by reducing unnecessary expenditures, given limited funds earmarked for mitigation, the true benefit to Eagan residents is accelerated completion dates due to per-house savings and an increased budget commitment. • The ARC discussed using a 40 dB threshold and putting a "cap" on the per-home expenditures. The ARC agreed using 40 dB for homes less affected by noise and 45 dB (current threshold for 65+) for more affected homes was difficult to justify. Also, expect the MAC to add a cap to the measure with or without a recommendation in that regard (which, if capped at, say $40,000, would likely have no affect on eligible Eagan homes, but may affect some high-cost Minneapolis homes).The 45 dB interior noise level is the standard that has been used to determine compatibility of single- family residential properties. • The current MAC insulation "package" averages 545,000 per home. • Should the City Council approve the recommendation, it will be forwarded to the Metropolitan Airports Commission for their consideration. ~l/~J Agenda Information Memo June 19, 2001 Eagan City Council Meeting OLD BUSINESS G. PRIMARY ELECTION ORDINANCE ACTION TO BE CONSIDERED: To continue to a future meeting. FACTS: • This item was considered at the April 17, 2001 Council meeting and continued to this meeting. • Current workload has not provided an opportunity for the necessary information to be gathered. • There is no time consequence associated with the temporary continuance of this item. • Suggested meeting dates for this item would be August 17, 2001 or September 4, 2001. 1A Agenda Information Memo June 19, 2001 Eagan City Council Meeting YEW BUSINESS A. ACCEPTANCE OF COPS GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE ACTION TO BE CONSIDERED: Acceptance of "COPS in Schools" program grant in the amount of $125,000.00 over the next three (3) school years for the purpose of hiring a new police officer and to provide an Eagan police officer to Independent School District No. 191 to perform school liaison services at the VALE Education Center. FACTS: • The Police Department and officials from District No. 191 have been in discussion about adding a school liaison officer at the Vale Education Center. • The Police Department applied for and was awarded a COPS in school program grant to help fund the costs of a new police officer to be deployed at VALE Education Center. • The grant provides $125,000.00 in support of the position over the next three (3) school years. • The cost of providing a police liaison officer is estimated at $179,309.00 for the next three (3) years. • At the June 7, 2001 School Board meeting, District No. 191 agreed to pay the balance of $54,309.00 plus "start-up" costs to the City of Eagan. • If approved, the City would be required to hire one (1) additional police officer under the terms of the grant. • If approved, the City and School District No. 191 will establish a joint powers agreement to implement the terms of the attached resolution. ATTACHMENTS: • Resolution accepting grant is attached on pages aO through • Background memo from Police Chief Therkelsen is attached on pages-/40 through EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on June 19, 2001, at 6:30 p.m. The following members were present: Awada, Bakken, Carlson, Fields and Tilley; and the following were absent: none. introduced the following resolution and moved its adoption: RESOLUTION WHEREAS, the City of Eagan Police Department was awarded the COPS in School Program Grant by the United States Department of Justice to help fund the costs of a new police officer to enable the City to deploy an Eagan police officer for the purpose of assisting in the establishment and trained coordination of cooperative community approach among the school, students, parents, police and other community resources, to address the needs of the students and other community members. WHEREAS, Independent School District No. 191, by resolution of the school board, has agreed to participate in the COPS in Schools Program WHEREAS, the cost to the City of Eagan to deploy an Eagan Police Officer to work in and around elementary and secondary schools as a police liaison officer is approximately $179,309.00 for the next thee (3) school years. WHEREAS, the COPS in School Program Grant provides a federal contribution to these costs in the amount of $125,000.00 over the next three (3) school years. WHEREAS, the Independent School District No. 191 has agreed to pay to the City of Eagan the sum of $54,309.00 plus any "start up" costs, as and for the City's police liaison services to the school district. BE IT RESOLVED by the City Council of the City of Eagan, the City of Eagan accepts the COPS in Schools Programs Grant in the amount of $125,000.00 over the next three (3) school years for the purpose of hiring a new police officer and to provide an Eagan police officer to Independent School District No. 191 to perform police liaison services at 1'oe .1 n the VALE Education Center, provided Independent School District No. 191 executes a joint powers agreement to pay the City for the remaining costs of the officer. BE IT FURTHER RESOLVED by the City Council of the City of Eagan, Minnesota, City staff and the City Attorney are directed to prepare a joint powers agreement with Independent School District No. 191 to implement the terms of this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Eagan, Minnesota the Eagan Police Department shall take all required steps to hire one (1) police officer under the COPS in Schools Programs Grant. ADOPTED by the Council this 19' day of June, 2001. Patricia E. Awada, Mayor ATTEST: Mira McGarvey, Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Awada, Bakken, Carlson, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. /109 t POLICE DEPARTMENT MEMO city of eagan DATE: April 11, 2001 TO: City Administrator Tom Hedges FROM: Chief of Police Kent Therkelsen SUBJECT: COPS in Schools Grant for VALE Education Center The VALE Education Center opened in the Cedarvale Mall in 1998. The facility is operated by School District #191 and serves 80-90 Level 5 EBD (Emotional or Behavioral Disability) students from grades 1 through 12. Since VALE'S opening, Eagan Police officers have responded to VALE on 135 occasions. The types of calls our officers have encountered include assaults, threats, incorrigibles, alcohol/tobacco, drugs, and other miscellaneous issues. It is very likely that there were a number of incidents handled by school staff without involving police response. Recognizing the need to reduce patrol officer responses to these incidents, the Eagan Police Department, in cooperation with officials from School District #191 applied for a "Cops in Schools" grant funded through the United States Department of Justice. We have recently been advised that the grant, which will enable us to deploy a school resource officer to VALE beginning with the 2001-2002 school year, has been approved. Essentially, the Federal Government will supply $125,000 over a three-year period. With the understanding that a police officer over three years would cost Eagan tax payers approximately $179,303, School District # 191 agreed to fund the difference or $54,309. Furthermore, the district consented to paying the fixed costs associated with the start-up of this position, including a vehicle, radio, and laptop computer. Because of the uncertain future of Cedarvale Mall, relative to redevelopment efforts, we have asked the Department of Justice for their expectations should the school close prior to our fulfillment of the three year grant period. They advised us that each case is evaluated individually, but that if we committed the resource officer position to other school needs in Eagan we would most likely be considered in compliance with the terms of the grant. One condition of the award is to keep the officer employed after the three-year grant period has expired. Based upon our 2001 estimated population of 63,649 residents and the staffing ratio of 1.1 officer per thousand adopted by the City Council in 1995, our sworn strength should be 70.01 officers. The position established through this grant / / to .1 VALE Education Center April 11, 2001 Page Two will bring our sworn strength to 69 officers. In essence the grant helps us to accommodate the projected staffing needs of the department by providing a new postion with no impact on the budget for the first 3 years of the position. We anticipate bringing this item to the City Council for approval in May. If Council approval is obtained, we will proceed with a joint powers agreement to formalize funding agreements. I believe that this opportunity represents not only a great opportunity to accommodate the staffing needs of the Police Department, but also provides much needed police service in keeping with City Council Goal 9.0: Create mechanisms to ensure there is equitable distribution ofpublic service provision costs according to demand. Please let me know if you have any questions regarding this matter. C/ Captain McDonald f Agenda Information Memo, June 19, 2001 Eagan City Council B. PRELIMINARY SUBDIVISION (FOUR PAWS ADDITION) AND CONDITIONAL USE PERMIT - CARDINAL DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Four Paws Addition) to create one lot and one outlot on 5.54 acres located east and west of Hwy. 13 on Old Sibley Memorial Hwy. and adjacent to Burnsville in the SW '/4 of Section 19, subject to the conditions listed in the May 22, 2001 APC minutes. To approve a Conditional Use Permit to construct a pet kennel with outdoor runs for proposed Lot 1, Block 1, subject to the conditions listed in the May 22, 2001, APC minutes. To approve a 20-foot Variance to the required structure setback from a public right-of-way for proposed Lot 1, Block 1, subject to the conditions listed in the May 22, 2001, APC minutes. To approve a Conditional Use Permit for a pylon sign, all on proposed Lot 1, Block 1, subject to the conditions listed in the May 22, 2001, APC minutes. FACTS: • The property is vacant and unplatted and consists of two parcels that are physically separated by Hwy. 13. The proposed Preliminary Subdivision would plat those two parcels along their existing boundaries. The applicant is proposing to develop the easterly 3.82-acre parcel (Lot 1, Block 1); no development is proposed at this time for the 1.78-acre westerly parcel (Outlot A). • An animal kennel is proposed for development on Lot 1, Block 1, and requires a Conditional Use Permit in the I-1 (Limited Industrial) zoning district. • A building setback Variance is included with this request in order to minimize tree removal and disturbance of steep slopes by locating the building closer to the Old Sibley Memorial Highway right-of-way. • A Conditional Use Permit is also requested for a proposed pylon sign to be located on the northeast corner of the site, adjacent to Hwy. 77 (Cedar Avenue). • The APC held a public hearing on May 22, 2001, and reconunended approval of the Preliminary Subdivision, Conditional Use Permits and Variance. ISSUES: • The APC requested that the applicant demonstrate proof for an additional five parking stalls. The applicant has provided a revised parking lot layout that increased the number of parking stalls from 16 to 21. 1142-1 .I A • The APC also inquired about license requirements and odor specifications. The applicant has submitted a letter addressing the additional parking and operational procedures that will be utilized to maintain a clean facility and prevent nuisance odors. Also, staff has attached a copy of the City's kennel license application and inspection checklist. • Generally speaking, the City ordinance with regard to odors requires compliance with the minimum standards adopted by the Minnesota Pollution Control Agency. However, the City Animal Control Officer conducts inspections of kennels and pet shops as part of the City licensing requirements. The inspection checklist addresses items of sanitation, health and humane conditions. Please note that one item on the inspection checklist specifically addresses odors, "odors and organisms do not enter adjacent businesses." ATTACHMENTS: Revised development plans, pages JL~ through May 22, 2001 APC Minutes pages jt~r through Planning Report, pages W through IYV Correspondence from Cardinal Development dated June 6, 2001, page ~-5'' City kennel license application and inspection checklist, pages L!& throughL V 113 { ~ 11'• :~3!i! i k- ' . ~ E NYId 1f10~1V1 3115 L !i ==ft• vt053NNIW'NV7v3 a N, L.a i. NOIlIaQV SMdd ?lf10j w t U fill i I 1 = ZR O _ a { : f a " ! 1 ,I = < S O ut r ' 1 a Z 4. V ! i V S CL. CL V1 O oC 1 ~ ~ ~ r Y W 7 i~ ~N Y c~4k I'n W SS r -1 { GC ~ _ m m cz a y / V { V ter /h\\ ~ SC \ \ `•.fit Zq r{ Y 0ii =p 00 D ill Z s z i~f !6: O _ W ~i, i m ~ i V + • • ~ • i - '•i ~tt i •r0 ~ ~ i i O / / SITE PLAN (REVISED) I/ ~ r. _ r~va .r ~ ~.aa.nwm••Y.art.\ • w~-a-.rt. I City of Eagan Planning Commission Meeting May 22, 2001 Page 1 1 DRAFT PRELIMINARY SUBDIVISION, TWO CONDITIONAL USE PERMITS AND A VARIANCE - FOUR PAWS PET RESORT Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Four Paws Addition) to create one lot and one outlot, a Conditional Use Permit to allow a pet care kennel, a Conditional Use Permit for a pylon sign and a Variance to the building setback requirement from public right-of-way, for property located on Old Sibley Memorial Hwy., east of Sibley Court and west of Cedar Freeway in the SW '/4 of Section 19. Planner Dudziak introduced this item and highlighted the information presented in the City staffs planning report dated May 15, 2001. She noted the background, history and the existing conditions. Jim Dimond, representative of the owner of Four Paws Pet Resort stated the establishment will be a useful service to the community. He discussed the right-of-way, security of the runs and signage. Chair Heyl opened the public hearing. Manager of the nearby mini-storage facility, Patty Gold expressed concern with noise, odors, traffic, overflow parking, flooding and overall appearance. There being no public comment, Chair Heyl returned the discussion to the Commission. Assistant Engineer John Gorder addressed the traffic and drainage issues. Mr. Dimond stated the outdoor runs will not be used from 9:00 PM to 6:00 AM. He stated the facility will be cleaned several times a day. Chair Heyl questioned the number of employee's. Cathy Dimmen of Four Paws Pet Resort stated there will be 3 to 5 employees. She stated the facility will not be a high traffic establishment. Member Nosbush questioned the hours of operation. Mr. Dimond stated the hours of operation will be 7AM to 9 PM, 7 days week. Member Bendt stated the Four Paws Pet Resort is a good use of the property. PY- i City Eagan DRAFT Planning Commission Meeting May 22, 2001 Page 12 Chair Heyl stated the variance is merited, the establishment is preserving trees and it is not a significant impact on the neighboring businesses. Member Segal moved, Member Huusko seconded to approve a two-lot Preliminary Subdivision (Four Paws Addition) subject to the following conditions: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3,1993: A 1, B 1, C 1, C2, C4, D 1, and E 1 2. The property shall be platted. 3. A declaration should be filed against Outlot A and Lot 1, Block 1, that ties the two together for tax purposes and prevents the sale of either individual parcel without the City's consent. The City Attorney should prepare the necessary documents to be signed by the property owner and recorded with the final plat. 4. This development shall be responsible for a cash water quality dedication in the amount of $7,349.00. 5. Park and trails dedications shall be fulfilled through a cash dedication paid at the time of issuance of the building permit. All voted in favor. Member Segal moved, Member Huusko seconded to approve a Conditional Use Permit to construct a pet kennel with outdoor runs on Lot 1, Block 1, Four Paws Addition subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Use of the outdoor runs shall be allowed only between 6:00 a.m. and 9:00 p.m. 3. The shall be responsible for obtaining the required kennel license. 4. All signage shall be subject to City Code requirements. 5. Site lighting shall be directed downward such that the source of light is not directly visible from off the site and to minimize glare onto the public right-of- way and adjacent property. 6. The final plans shall be revised to provide ten-foot wide parking stalls. 6 I City Eagan DRAFT Planning Commission Meeting May 22, 2001 Page 13 7. To comply with the City Code standards, a third wall of the trash enclosure shall be constructed of the same block used on the building, and screening slats inserted in the chain link gates. 8. Proof of Parking must be provided. All voted in favor. Member Segal moved, Member Steininger seconded to approve the 20-foot Variance to the required structure setback from a public right-of-way. All voted in favor. Member Segal moved, Member Huusko seconded to approve of a Conditional Use Permit for a pylon sign, on Lot 1, Block 1, Four Paws Addition subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A sign permit is required prior to erection of the pylon sign. 3. The pylon sign shall not exceed 27 feet in height, and 125 square feet in area. 4. The pylon sign shall be set back at least 10 feet from all property lines. 5. All other signage shall be subject to City Code requirements. All voted in favor. Member Steininger addressed the issue of odors. Chair Heyl asked staff to research kennel licenses and odor specifications. I PLANNING REPORT CITY OF EAGAN REPORT DATE: May 15, 2001 CASE: 19-PS-06-04-01; 19-CU-07-04-01; 19-CU-08-05-01; 19-VA-13-05-01 APPLICANT: Cathy Dimmen HEARING DATE: May 22, 2001 PROPERTY OWNER: Rita Winkler APPLICATION DATE: (May 2, 2001) REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Conditional Use Permit (2) Variance LOCATION: Old Sibley Memorial Highway COMPREHENSIVE PLAN: SA, Special Area ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Cathy Dimmen of Four Paxvs Pet Resort is requesting approval of a Preliminary Subdivision (Four Paws Addition) to create one lot and one outlot on 5.54 acres located east and west of Hwy. 13 on Old Sibley Memorial Hwy. and adjacent to Burnsville in the SW '/4 of Section 19. In conjunction with the Preliminary Subdivision, the applicant is requesting approval of a Conditional Use Permit to construct a pet kennel with outdoor runs, a 20-foot Variance to the required structure setback from a public right-of-way, and a Conditional Use Permit for a pylon sign, all on proposed Lot 1, Block 1. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. Ili .1 n Planning Report - Four Paws Pet Resort May 22, 2001 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Planning Report - Four Paws Pet Resort May 22, 2001 Page 3 Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property is vacant and unplatted and consists of two parcels that are physically separated by Hwy. 13. The proposed Preliminary Subdivision would plat those two parcels along their existing boundaries. The applicant is proposing to develop the easterly 3.82-acre parcel (Lot 1, Block 1); no development is proposed at this time for the 1.78-acre westerly parcel (Outlot A). D i .p Planning Report - Four Paws Pet Resort May 22, 2001 Page 4 The property is currently zoned I-1, Limited Industrial, and designated in the Comprehensive Guide Plan as Special Area. The Special Area small area land use plan that includes this site has not yet been developed. EXISTING CONDITIONS The portion of the property on Old Sibley Memorial Highway contains steep slopes and is wooded over a large portion of its area. Street access is provided via Old Sibley Memorial Highway. A significant portion of the easterly parcel contains four gas line easements which restrict the buildable area of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Hwy. 77 (Cedar Ave.) and Hwy. 13 interchange South - Natural Gas Facilities; zoned I-1 (Limited Industrial); guided SA (Special Area) East - Hwy. 77 (Cedar Ave.) West - E-Z Mini Storage; zoned I-1; guided SA EVALUATION OF REQUEST Proposal - The proposed subdivision will create one lot and one outlot along existing parcel boundaries. The property is physically divided, with a small portion adjacent to the Burnsville border, and the larger portion east of Old Sibley Memorial Highway. The parcel adjacent to Burnsville would be platted as an outlot since it does not currently have street access and is therefore, is not developable at this time. The larger parcel located at the end of Old Sibley Memorial Highway would be platted as Lot 1, and it is this parcel that is proposed for development at this time. The development proposal is a pet kennel, which requires a Conditional Use Permit in the I-1 (Limited Industrial) zoning district. A building setback Variance is included with this request in order to minimize tree removal and disturbance of steep slopes by locating the building closer to the Old Sibley Memorial Highway right-of-way. A Conditional Use Permit is also requested for a proposed pylon sign to be located on the northeast corner of the site, adjacent to Hwy. 77 (Cedar Avenue). The kennel consists of primarily short-term boarding of both dog and cats. There are 85 dog kennels plus two pet suites (29 of the kennels have doors leading directly to outside runs) and a separate area for cat boarding. There is a designated "play area" within the building. Pet grooming services and some retail sales of pet products are also proposed and are located at the front of the building. Use of the outdoor runs is proposed between 6:00 a.m. and 9:00 p.m. only. is I Planning Report - Four Paws Pet Resort May 22, 2001 Page 5 Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, a kennel is considered to be consistent. Lots - Lot 1, Block 1 is 3.81 acres in size; Outlot A is 1.72 acres in size. It is conceivable that at some point in the future Outlot A could be combined with adjacent land in Burnsville and developed. However, Outlot A is currently a landlocked parcel and is therefore, undevelopable at this time. To ensure that Outlot A does not become a tax forfeited parcel, a declaration should be filed against Outlot A and Lot 1, Block 1, that ties the two together for tax purposes and prevents the sale of either individual parcel without the City's consent. The City Attorney should prepare the necessary documents to be signed by the property owner and recorded with the final plat. Density - The proposed development on Lot 1 is for a 7,090 square foot building (4.3% building coverage ratio), and 19,743 square feet of impervious surface (11.8% of the lot area); 88% of the lot area is proposed to be green space, either graded and landscaped, or retained in an undisturbed natural condition. Grading /Storm Drainage -The preliminary grading plan is acceptable with modifications. The site slopes steeply from south to north with elevations ranging from 866 to 820. Due to the large variations in topography, this development will be subject to stringent temporary and permanent erosion control measures. Stonri Drainage - Storm water runoff from the development will drain via private storm sewer system to the east ditch of Old Sibley Memorial Highway and eventually to an existing pond (Pond AP-6 as designated in the City Storm Water Management Plan - 1990) near Cedar Avenue (Highway 77). The outdoor runs will be checked regularly by staff and fecal matter will be removed for disposal and urine sponged up to minimize the amount of waste in the runoff from these areas. The applicant has indicated that runoff from the external pet runs will be directed toward the open area of the site to allow it to soak into the ground on site and be filtered by the natural vegetation. Wetlands/Water Quality - This proposed 3.8-acre commercial subdivision is located in the City's "A" Drainage District. Similar to other commercial developments, additional impervious structures increase stormwater runoff within the City. However, because of the small size of this development, on-site stormwater ponding for water quality purposes is not practical. In accordance with the policies and practices of the City since 1990, this proposed development should be responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. Such cash dedication for this type of development on this size of land area is $7,349.00. ~03 ~j .1 .1 Planning Report - Four Paws Pet Resort May 22, 2001 Page 6 There are no jurisdictional wetlands associated with this site. Utilities - Sanitary sewer and water main are available within Old Sibley Memorial Highway for connection by this development. Streets/ Access/ Circulation - Public street access is available to Old Sibley Memorial Highway in the southwest corner of the site. Old Sibley Memorial Highway was improved with a bituminous overlay in 2000 under City Project No. 782. As part of that project, Old Sibley Memorial Highway was shortened in length to the Sibley Court cul-de-sac. The remainder of the street was modified to become a private drive to the E-Z Mini Storage property to the north. Although the right-of-way remains in place over this modified section of Old Sibley Memorial Highway, it serves no public roadway purpose and is largely green space. This development is proposing public street access west of the Sibley Court intersection on the remaining public portion of the roadway. Easements/ Permits/ Right-of-Wa -As mentioned above, a majority of the Old Sibley Memorial Highway right-of-way adjacent to this site is unused for public roadway purposes and may possibly be vacated in the future. If this vacation were to occur, the vacated property would revert to ownership by the adjacent properties. Tree Preservation - A tree inventory submitted with this application indicates that there are eight-four (84) significant trees on site. The development as proposed will result in the removal of fifteen (15) significant trees (17.9% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single- phase, single-lot, commercial) is set at 30.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Parks and Recreation - This development would be responsible for a cash parks and trails dedication. Parking - The City Code does not specify a required number of parking stalls for this type of use. The developer is proposing 16 stalls, one handicapped accessible. The developer's narrative indicates that there would be 3-5 staff members on site at any one time, leaving 10 stalls for customer use. The City Code requires stalls to be ten feet wide. The parking stalls are proposed to be nine feet wide. The final plans should be revised to provide ten-foot parking stalls to satisfy this Code requirement. Landscaping - Landscaping is proposed around the parking lot and at the building entrance and includes a variety of trees and shrubs. The landscape plan appears to satisfy the intent of the City Code to provide screening of parking areas from public rights of way. Much of the east end of the site, as well as the hill to the south will retain its natural vegetation in an undisturbed condition. ~~3 t Planning Report - Four Paws Pet Resort May 22, 2001 Page 7 Building Architecture/Materials - The building is proposed to be constructed of a stone-faced block wainscot, with a cement-based lap siding above. The hip roof is proposed to be asphalt shingles. The roof line extends six feet beyond the building wall on each side to provide some weather protection and shade for the outdoor runs. The outdoor runs will be screened from the parking area by a "wing wall" extension on each side from the front of the building. The outside runs will be enclosed with a six-foot high chain link fence, and a second line of fencing will surround the yard beyond the runs. Site Lighting - Site lighting consists of three double light fixtures mounted on 25-foot poles located around the perimeter of the parking lot. The light fixtures should be directed downward such that the source of light is not directly visible from off the site and to minimize glare onto the public right-of-way and adjacent property. Signage - The applicant is proposing a building sign on the west elevation and a pylon sign on the northeast corner of the site, adjacent to Hwy. 77 (Cedar Ave.). The pylon sign requires a Conditional Use Permit, and the sign must meet City Code standards -ten-foot setback from property lines, 27-foot maximum height, and 125 square foot maximum sign message area. The proposed pylon sign appears to satisfy these standards. Other signage is subject to the standards of the City Sign Code. All signs require a sign permit and will be reviewed for compliance with the City's Sign Code at the time of permit application. Trash Storage - Trash storage is located on the south side of the building. It is screened from view from the parking lot by the screen wall extending from the front of the building. A chain link enclosure for the trash area is proposed. The City Code requires that the enclosure be constructed of materials to match the principal building and have gates or doors with 90% opacity. The enclosure is screened by a building wall and the wing wall extending to the south from the front elevation. Chain link fencing is proposed for the other two sides of the enclosure. To comply with the code standards, a third wall of the enclosure should be constructed of the same block used on the building, and screening slats should be inserted in the chain link fence. SUMNIARY/CONCLUSION Cathy Dimmen of Four Paws Pet Resort is requesting approval of a Preliminary Subdivision (Four Paws Addition) to create one lot and one outlot on 5.54 acres located east and west of Hwy. 13 on Old Sibley Memorial Hwy. and adjacent to Burnsville in the SW '/4 of Section 19. In conjunction with the Preliminary Subdivision, the applicant is requesting approval of a Conditional Use Permit to construct a pet kennel with outdoor runs, a 20-foot Variance to the required structure setback from a public right-of-way, and a Conditional Use Permit for a pylon sign, all on proposed Lot 1, Block 1. The proposed development appears to meet the performance standards in the City Code, with the exception of the proposed setback Variance and the nine-foot parking stalls. The plans will need to be revised to provide ten foot wide parking stalls. With regard to the proposed Variance, the street has been removed in front of the eastern portion of the site, but the right-of-way has not /a~/- I p Planning Report - Four Paws Pet Resort May 22, 2001 Page 8 been vacated. The Variance also would help to minimize tree removal and disturbance to the site. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Four Paws Addition) to create one lot and one outlot on 5.54 acres located east and west of Hwy. 13 on Old Sibley Memorial Hwy. and adjacent to Burnsville in the SW of Section 19. If approved, the following conditions should apply. Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, Cl, C2, C4, D1, and E1 2. The property shall be platted. 3. A declaration should be filed against Outlot A and Lot 1, Block 1, that ties the two together for tax purposes and prevents the sale of either individual parcel without the City's consent. The City Attorney should prepare the necessary documents to be signed by the property owner and recorded with the final plat. 4. This development shall be responsible for a cash water quality dedication in the amount of 57,349.00. 5. Park and trails dedications shall be fulfilled through a cash dedication paid at the time of issuance of the building permit. To recommend approval of a Conditional Use Permit to construct a pet kennel with outdoor runs on Lot 1, Block 1, Four Paws Addition. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Use of the outdoor runs shall be allowed only between 6:00 a.m. and 9:00 p.m. 3. The shall be responsible for obtaining the required kennel license. 4. All signage shall be subject to City Code requirements. 5. Site lighting shall be directed downward such that the source of light is not directly visible from off the site and to minimize glare onto the public right-of-way and adjacent property. boa s Planning Report - Four Paws Pet Resort May 22, 2001 Page 9 6. The final plans shall be revised to provide ten-foot wide parking stalls. 7. To comply with the City Code standards, a third wall of the trash enclosure shall be constructed of the same block used on the building, and screening slats inserted in the chain link gates. To recommend approval of a 20-foot Variance to the required structure setback from a public right-of-way on Lot 1, Block 1, Four Paws Addition. To recommend approval of a Conditional Use Permit for a pylon sign, on Lot 1, Block 1, Four Paws Addition. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A sign permit is required prior to erection of the pylon sign. 3. The pylon sign shall not exceed 27 feet in height, and 125 square feet in area. 4. The pylon sign shall be set back at least 10 feet from all property lines. 5. All other signage shall be subject to City Code requirements. .I STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. M 7 1 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSx5 STANDARD CON ~a~ .1 FINANCIAL OBLIGATION -Preliminary Subdivision Four Pars Addition and 19-CU-07-04-01 There are pay-off balances of special assessments totaling $6,955 on the parcel proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. 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 for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk C/I $.132/Sq. Ft. 38,054 Sq. Ft. $5,023 TOTAL $5,023 ~a 1 Eagan Boundary lArea 'ne P Location Map _ $tr~area Area _ Building Footprint Sub act Site • 7 Sub'ect Site off= v- ~J'Cr~ ~ VL.r 4 L._ f .J 77 K! - J _ h 1000 0 1000 2000 Feet Development/Developer. Four Paws Addition Application: Preliminary Subdivision and Conditional Use Permit Case No.: 19-PS-06-0401 and 19-CU-07-0401 Map Prepared wing ERSI ArcYtew 7.1. Parul base map data provided T by Dakota County Land survey Deparlnmtt and is current as of April 2001. City of Eagan TNIS MAP IS INTENDED FOR REFERENCE USE ONLY w E Th e City of Eagan and Dakota County do not guarantee the accuracy of this information and are S CernmuNty Development Dep.RneM not responsible for errors or emissions. /30 l d. Current Zoning and Comprehensive Guide Plan Four Paws Addition Land Use Map Case No. 19-PS-06-0401 and 19-CU-07-04-01 Zoning Map 1-+ Location Location 1-1 Current Zoning: Office Business 1-+ Limited Industrial Single Fami ingle F l y PD a00 0 Goo t700 F. C.a Comprehensive Guide Plan Location Land Use Map S Location SA Office Business IND Current Land Use Designation: SA SA ' Special Area IN Single Fami MD ingle F l y R RC aoo o goo 1200 Fast garvel a.. map Antonnatlan "vw.my Dakota County Land away D"arbnon 0"1101. Zoning kAennatlan maknabood by City Stag. City of Eagan 2. W E Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not guarantee the accuracy of this Information. /,3/ 780'152;26., 13 L)l ' ! 1 X1.5 V } 1V~~\ V / 0 V, v )IF I S V t5 a \ ` 9` 't•~3t: III Irt`~"\\~\I;1~"~.h, //~~[j~ III li'~ . 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L lI. I i U1 LLL r- ~ -77 1 I I I . p L. I I i ~ ~ ~ X•,. lJ I I~ I~ / I I s AVA-a A r, e ! I Li- - i - J li I. !OS 3, tiOlilGcv S,%,Nvd ,8n03 I c . ; . E I 1; Lj e; jai a~ /,~j~• r° a A :~-Y O ~~///,/5 rpm ! r F- ig \ ° - \ r Y nl_ / lJ gill- C- 006- LL C Z O 6~ r°"o b1V ~ CD Z p _o OW N \ \ jW \ \ J s\6` CN 1~ ` 2 r 2 \ 10 •tl „F rill, ~y Zp ,f2,ZODi~ a't'a 1 l~~ I J CARDINAL DEVELOPMENT CORPORATION June 6, 2001 Pamela Dudziak, Planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122-1897 Re: Four Paws Pet Resort Applications Applicant: Cathy & Lary Dimmen Dear Ms. Dudziak: Per our recent phone conversation, there were two issues that we needed to follow up on following the Planning Commission review of the Four Paws Pet Resort applications: • Demonstrating a "Proof of Parking" ability to add 5 spaces to the parking plan • Responding to the prevention of odors from the exterior pet exercise runs With respect to the parking question, we have reviewed our parking plan and believe we can revise it in a way that maintains the circular drive aspect that the City requested, adds five parking spaces and has a minimal expansion of the paved area. I am enclosing the plan superimposed on our prior parking diagram. The applicant is willing to use this revised concept, which would result in 20 standard spaces and 1 handicapped space, an increase of 5 spaces. While the Planning Commission only requested "proof of parking" to show the ability to expand the # of spaces, this will eliminate the need for future changes. With respect to the prevention of odors, we wish to confirm the response given to the Commission at the hearing. The applicant intends to vigorously maintain standards of cleanliness. The standard operating procedures will call for cleanup of the exterior runs on a regular basis, not less often than three times per day. The applicant would be in agreement to that being included as a condition of the Conditional Use Permit. We hope that these responses adequately deal with the questions asked by the Planning Commission. Please let me know if you feel that additional clarification is needed prior to the Council meeting. Yours truly, Jam C. Dimond CC: Cathy and Larry Dimmen RECE; vc :619 Lynda le Avenue • 1 Bloomington, • • 55420 952-881-5461 I q-S- 1 Application Fee ($100) City of Eagan Renewal ($50) 3830 Pilot Knob Rd. Eagan, MN 55122 681-4600 Fax: 681-4612 CITY OF EAGAN APPLICATION FOR KENNEL LICENSE License required where a total of four or more dogs are kept. Location must be in a zoning district where a kennel operation is allowed. Applicant DOB Resident Address Phone Owner Name Owner Address Manager Name Manager Address Trade Name Number of Acres at kennel location Zoning of Property Date Signature of Applicant The license is issued for a calendar year period (Jan.-Dec.). Fees are not prorated. FOR OFFICE USE ONLY Police Approval Data City Council Approval Date 5.95 L .9 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 PET SHOP LICENSING PET SHOP is for the purpose of selling live dogs, cats, monkeys, hamsters, parrots, fish or other small animals. Pet shops are permitted in commercial zones only. A LICENSE IS REQUIRED. LICENSING REGULATIONS: Floor is constructed of non-absorbent/non-adsorbent material. Floors are clean, sanitary and in good repair. Walls and ceilings are clean, sanitary and in good repair. Animal housing is of metal, glass, durable plastic or other durable material. Animal housing is clean, sanitary and in good repair. Animal housing is sized sufficiently for humane confinement. Rooms containing animals are illuminated at least 8 hours a day with sufficient lighting to permit routine cleaning and inspections. Rooms mechanically ventilated for air exchange. Room temperatures do not endanger animals' health. Odors and organisms do not enter adjacent businesses. Replacement air preheated so as not endanger health of animals. Utensils used in food preparation and feeding are clean, sanitary and in good repair. All animals are kept within the enclosed building. All animals subject to distemper and infectious hepatitis have proof of innoculation prior to delivery to pet shop by licensed Minnesota veternarian. Monkeys must have proof of annual tuberculin test. There is a separate room for storing janitorial supplies and equipment. Janitor's room has sink with hot and cold running water. Inspected By: Date: V7 11.91 i Agenda Information Memo June 19, 2001 Eagan City Council Meeting PRELIMINARY SUBDIVISION (VERDANT HILLS THIRD ADDITION) KENNETH GREENE ACTION TO BE CONSIDERED: ➢ To approve a Preliminary Subdivision entitled the "Verdant Hills Third Addition" located south of Woodland Court and east of Wescott Woodlands in the NE 1/4 of Section 14 subject to the conditions listed in the APC meeting minutes. FACTS: ➢ The Verdant Hills subdivision was approved in August of 1997 and consisted of 12 lots. On July 18, 2000, the City Council approved a Minor Subdivision of former Lot 1, Block 1, of the subdivision into 32,365 and 19,970 square foot lots (Lots 1 and 2, Block 1 Verdant Hills 2nd Addition). Lot 1 of the 2°d Addition (the subject site) is presently occupied by the applicant's residence and was configured to allow it to be subdivided in the future. ➢ The applicant is proposing to subdivide his existing 32,365 square foot single family residential lot (Lot 1, Block 1, Verdant Hills 2nd Addition) into 20,205 and 12,160 square foot lots. ➢ The request also includes a Variance to allow a side yard setback (of the existing home on the property) of less than 10 feet. Specifically, a 7 foot side yard setback has been proposed. ➢ At their regular meeting on May 22, 2001, the Advisory Planning Commission held a public hearing to consider the Preliminary Subdivision and recommended approval subject to the conditions listed in the APC meeting minutes. ISSUES: ➢ At the APC hearing, the Commission Members recommended that the requested side yard setback variance be denied due to the proposed setback condition being self created. ➢ Discussion also occurred regarding the applicant's intent to remove the existing structure when subdivision of the property progressed to this level. ~~D .1 A ATTACHMENTS (2): Minutes of the May 22, 2001 APC meeting, pages Lothrough 1 Staff report, pages J:Zkthrough r City of Eagan Planning Commission Meeting DRAFT May 22, 2001 Page 14 PRELIMINARY SUBDIVISION - KENNETH GREENE Chair Heyl opened the final public hearing of the evening regarding a Preliminary Subdivision (Verdant Hills Third Addition) to create two lots, and a Variance to the side yard setback on Lot 1, located at 3582 Woodland Court in the NE '/4 of Section 14. Planner Kirmis introduced this item and highlighted the information presented in the City staff's planning report dated May 17, 2001. He noted the background, history and the existing conditions. Applicant Kenneth Green stated the variance is a request to salvage 3 feet of his home. He discussed self-created hardship, lot division strategy and effects of the addition on other lots. Chair Heyl questioned the amount of the lot retained by the owner when the property was sold in 1997. Mr. Green stated he retained a small portion of the lot for financial reasons. Chair Heyl opened the public hearing. Nine members of the public expressed the following concerns: decisions changing from last year to now, neighboring lots, the matter of three equal lot widths, removal of the house, short distance to neighboring home if porch stays, visual concerns, deterioration of home, safety of neighboring homes and downgrading of the development. Chair Heyl closed the public hearing. Member Steininger stated the concerns of the neighbors are unrelated to the matter at hand. He stated his opposition to the subdivision and the variance. Chair Heyl stated that some of the current issues should have been taken care of in 1997. She stated that hardship is self-created. She stated her opposition to the variance. Member Kaess stated his support of the variance and subdivision. He stated the variance will not effect the neighboring property. Member Segal moved, Member Huusko seconded to approve the Preliminary Subdivision (Verdant Hills Third Addition) to create two lots located at 3582 Woodland Court in the NE '/4 of Section 14 subject to the following conditions: 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: / SZ9 City of Eagan Planning Commission Meeting May 22, 2001 DRAFT Page 15 Al and B1, 2. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards. 3. The two sheds that occupy the eastern one half of the site (within proposed Lot 2) shall be removed. 4. The existing house on Lot 1, Block 1 shall be connected to the City sanitary sewer and water main systems as part of this subdivision. 5. Architectural designs and construction methods for new construction shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This will require an inside noise level reduction of at least 20 dBA. 6. Proposed Lot 2 shall be subject to a cash park dedication. 7. Proposed Lot 2 shall be subject to a cash trial dedication. 8. A cash dedication of $837.00 in lieu of on-site water quality ponding shall be required for this development. 9. An individual lot tree preservation plan shall be submitted at the time of building/grading permit application. All voted in favor of. The Commission also recommends denial of the Variance to allow a side yard setback (of an existing home on the property) of less than 10 feet. / 57 I PLANNING REPORT CITY OF EAGAN REPORT DATE: May 17, 2001 CASE: 14-MS-01-03-01 APPLICANT: Kenneth Greene HEARING DATE: May 22, 2001 PROPERTY OWNER: Kenneth Greene PREPARED BY: Bob Kirmis REQUEST: Preliminary Subdivision (Verdant Hills 3rd Addition) LOCATION: South of Woodland Court and east of Wescott Woodlands (Lot 1, Block 1, Verdant Hills Second Addition) COMPREHENSIVE PLAN: D-I, Single Family Residential (0-3 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Ken Greene is requesting Preliminary Subdivision approval of a two lot single family residential subdivision (Verdant Hills 3" Addition) on property located south of Woodland Court and east of Wescott Woodlands in the NE 1/4 of Section 14. Specifically, the applicant is proposing to subdivide an existing 32,365 square foot single family residential lot into 20,205 and 12,160 square foot lots. The property is currently platted as Lot 1, Block 1, Verdant Hills 2nd Addition. The request also includes a Variance to allow a side yard setback (of an exiting home on the property) of less than 10 feet. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: ~.sa I A Planning Report - Verdant Hills 3rd Addition May 22, 2001 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." t Planning Report - Verdant Hills 3rd Addition May 22, 2001 Page 3 Variance: City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY The Verdant Hills subdivision was approved in August of 1997 and consisted of 12 lots. On July 18, 2000, the City Council approved a Minor Subdivision of former Lot 1, Block 1, of the subdivision into 32,365 and 19,970 square foot lots (Lots 1 and 2, Block 1 Verdant Hills 2"d Addition). Lot 1 of the 2"a Addition (the subject site) is presently occupied by the applicant's residence and -,vas configured to allo-,v it to be subdivided in the future. EXISTING CONDITIONS Aside from the single family dwelling constructed in 1943, three detached accessory buildings (two sheds and a garage) also exist on the property. The single family home and detached garage exist on the eastern half of the subject property (proposed Lot 1) while the two sheds exist within proposed Lot 2. The lot is considered "oversized" being more than twice the size of most lots within the Verdant Hills subdivision. The property is provided street frontage along Woodland Court. SURROUNDING USES The site is surrounded on all sides by single family residential uses that are zoned R-1, Single Family Residential and designated LD, Low Density Residential (0-4 units/acre). .1 A Planning Report - Verdant Hills 3rd Addition May 22, 2001 Page 4 Preliminary Subdivision Compatibility with Surrounding Area - The proposed lots are similar in size to those that presently exist in the area. Whether or not the proposed subdivision (and resulting new single family residence) negatively impact surrounding properties is considered a policy matter to be determined by City Officials. Lots - Both proposed lots have been found to comply with minimum R-I district lot size requirements. Setbacks - The proposed subdivision will result in the creation of a non-conforming setback as the existing residence on the property would lie seven feet from the side lot line (a minimum 10 foot setback is required). Density - A density of 2.7 units/acre has been proposed which is consistent with the density requirements of the Comprehensive Guide Plan (up to four units per acre). Accessory Structures - As a condition of subdivision approval and to accommodate future development, the two sheds that occupy the eastern one half of the site must be removed. Utilities - The existing house on Lot 1, Block 1 is currently served by well and sanitary septic systems. The existing house should be connected to the City sanitary sewer and water main systems as part of this subdivision. All well and septic systems within the subdivision should be abandoned in accordance with City and Dakota County standards. Streets/Access/Circulation - Public street access for the development is available from Woodland Court to the north. Airport Noise - The subject site lies within Airport Noise Zone IV. Within this area, infill single family development is conditional. To approve development in the area, the City needs to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. ~~S t Planning Report - Verdant Hills 3rd Addition May 22, 2001 Page 5 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run- up areas. With respect to the factual aspects of the findings, the property lies approximately four miles southeast of the primary runways at the airport and five miles from the engine maintenance and run-up area. Parks and Trails- The newly created lot (Lot 2) should be subject to a cash park and cash trail dedication. Tree Preservation - Tree preservation issues will be addressed as part of building permit issuance. Water Quality/Wetlands - The subject property is located in the City's "E" Drainage District. Similar to other residential developments, additional impervious structures increase stormwater runoff within the City. However, because of the small size of this development, on-site stormwater ponding for water quality purposes is not practical. The 1997 development contract of the first Verdant Hills subdivision required a cash dedication in lieu of on-site ponding for water quality mitigation for all of the original total area and density except Lot 1. Lot I (the subject parcel now proposed to be subdivided as Verdant Hills 3`d Addition). Thus, in accordance with the policies and practices of the City since 1990, this proposed development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. Such cash dedication for this type of development on this size of land area is $837.00. There are no jurisdictional wetlands associated with this site. Variance As noted previously, the applicant has requested approval of a variance to allow a seven foot side yard setback within an R- 1, Single Family Residential zoning district (a 10 foot setback would result in Lot 2 having a width less than the minimum 85 feet required by Code). The applicant has provided the following reasons for hardship: ➢ To maintain a second entrance to the main floor of the home. ➢ To maintain an entrance to a deck at the rear of the home. ➢ To preserve the aesthetic integrity of the homes roof line. /sue I_ 'I Planning Report - Verdant Hills 3rd Addition May 22, 2001 Page 6 Staff is concerned with this variance request for two reasons. First, that the hardship appears self created and second, that the original intent was to remove the home in question once subdivision proceeded to this level. Whether or not the applicant has demonstrated genuine hardship to warrant approval of the requested setback variance is considered a policy matter to be determined by City Officials. SUMMARY/CONCLUSION The proposed subdivision is considered compatible with existing and anticipated uses in the area. Whether or not the applicant has demonstrated genuine hardship to warrant approval of the requested setback variance is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve a Preliminary Subdivision (Verdant Hills 3" Addition) with a Variance to allow a side yard setback of seven feet, on property located south of Woodland Court and east of Wescott Woodlands in the NE 1/4 of Section 14. If approved, the following conditions should apply: 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al and Bl, 2. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards. 3. The two sheds that occupy the eastern one half of the site (within proposed Lot 2) shall be removed. 4. The existing house on Lot 1, Block 1 shall be connected to the City sanitary sewer and water main systems as part of this subdivision. 5. Architectural designs and construction methods for new construction shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This will require an inside noise level reduction of at least 20 dBA. 6. Proposed Lot 2 shall be subject to a cash park dedication. is7 Planning Report - Verdant Hills 3rd Addition May 22, 2001 Page 7 7. Proposed Lot 2 shall be subject to a cash trial dedication. 8. A cash dedication of $837.00 in lieu of on-site water quality ponding shall be required for this development. 9. An individual lot tree preservation plan shall be submitted at the time of building/grading permit application. .1 STANDARD CONDITIONS OF PLAT APPROVAL A- Financial Obligations 1. This development shall accept its additional financial obligations as defined in the stafrs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /s9 1 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10. 1990 Revised: February 2. 1993 LTSNS STANDARD.CON /(0 .I FINANCIAL OBLIGATION -PreliminarT Subdivision Verdant Hills 3~d Addition There are pay-off balances of special assessments totaling $-0- on the parcel proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. 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 for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT None TOTAL -0- t Eagan Boundary "lArea enterline p Location Map 'trarch Area Building Footprint L i L . 7=,gtMQ Sub ect Site l ~r p` O Lti~ F1 Ei; t J n --`i ~ ~ 4. ~ ~y •G v` ~z.ar ~f o r^^-_ ray s r c or C O- ~u 1000 0 1000 2000 Feet Development/Developer: Verdant Hills 3rd Addition Application: Preliminary Subdivision Case No.: 14-PS-05-0401 Map Prepared using ERSI AreYaw 3.1. Parcel bass crap data provided by Dakota Cou" Land Survey Deparoram and is current as of November 2000. City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY KI E V i NNE ; r - The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Commurdty Development Department not responsible for errors or omissions. /~0 C;~, I Current Zoning and Comprehensive Guide Plan Verdant Hills 3rd Addition Land Use Map Case No. 14-PS-05-0401 Zoning Map LB R- R-1 A Current Zoning: PF R-1 1 Single Family Residential R-1 A R-1 d P R- aoo o aoo _ 12oF F»~ PF Comprehensive Guide Plan U-Lu Land Use Map LD IND P Current Land Use Designation: Lo LD Low Density Residential (0-4 units/acre) P LD aoo 0 000 _ 1200 F»t Pamol boas mar Yrfennattao WovMaly Dakota rauny land S a y DataaMrR OW01101. N Z Wq 1.60 trn -Wofth od by Cny St". City of Eagan W E TNIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guaranbe the accuracy of this information. 5 /G3 s 1 ~ Ilr 1 r {I a t i ~4~ ; S - t ~,i 1' i i if ' i fit i! ►i4t ~i~i is 1 ~l iii i i \ W iti 1 Ici.11 ~i tSi X41 lt[s ' ~3 r ~~t ► ~j~' •~k~ 1.,i ut u i ~ ~ ~ usi d n ~ n It o jail ~!i~111'a~ i~ffi ;t! ~!i tts NI u tl !I ~f4 [ ! 1~ ~s1 ;sit ` N J t~ s _ = Y r~ C) _ i J/ ~ •II ~ 8 fill gi'{ it 1 '1[i L~ _ • I ~ c ry`J~• ril -D Q • i f •k _a1 DEVELOPMENT PL i tl ED f~2* „ { i Wig, : - ri f h : S3b3V INVG83A ~ , Sw O «h~ LIU n.Mot Js 8ry J O S E E Y o, ^ a -F4 r~. l y Y t~ a~ j W ~glrui t ° I~ = c t A. z ACT 8;~ a ~ Z 4 0 filly 1. U j N Z P it G{ z ,4i~ ,qm W o °0 3„j 1 ■a YLj ' t C v• p+ ES t J I 1 Q c 2'1 12 3.C0.0► .m- 7 x i t• o 7ND DII QQV QND33S 3 1H 1NVQ83A 4 d q ~ Y ~ _ ray r > W1 r r PRELIMINARY SUBDIVISION t Agenda Information Memo June 19, 2001 Eagan City Council Meeting LOCAL TRANSIT TAX LEVY OPTION ACTION TO BE CONSIDERED: To approve a preliminary local transit tax levy option for taxes payable in 2002 in the amount of $3,209,019. FACTS: • The State requires transit opt-out cities to give notification of their intent to levy a transit tax, along with certification of the proposed payable 2002 gross transit levy, by June 30. As with the general levy, the proposed transit levy can be decreased at a later date, but not increased. • The 2001 Legislative session has left transit funding unclear. While it appears there is momentum for transit to be funded completely by the State instead of by cities, we are not certain what the results of the Special Session will be. In the meantime, we are proceeding with notification to the State of a proposed levy pursuant to the present Statutes. • Currently, the State still imposes limits on the transit levy. The limit for Eagan is $3,209,019. • The MVTA is requesting its member cities propose the limit, as that amount can always be lowered before the levy must be certified in December. • In 2000, the limit was $2,892,389. The City's actual levy was $2,720,485, which effectively kept the tax capacity rate at the same level as the prior year. • If the Special Session does not result in transit being funded by the State, and after Staff has been able to study the impact of the final tax package on all operations, Staff will return to the Council at a later date with a revised levy recommendation. /4 & .1 I Agenda Information Memo June 19, 2001 Eagan City Council Meeting E. AUTHORIZE SOLICITATION OF QUALIFICATIONS (SOQ) FOR CONSULTING ENGINEERING SERVICES ACTION TO BE CONSIDERED: Approve the Process and Authorize the Solicitation of Qualifications (SOQ) for consulting engineering services. FACTS: • The City of Eagan has had a history of soliciting and retaining the best qualified consulting engineering firms to provide professional services to assist with the planned growth and development of our community. • The last formal solicitation was performed in 1993. It has been the City's intent to retain the selected firms for approximately 5 years. • In December of 2000 and again as part of the City Councils goals for 2001, it was determined that the city should again solicit proposals during 2001 for consideration of re-establishing a pre-approved pool of qualified consulting engineering firms to assist with future work efforts. • A formal request for Statement Of Qualifications (SOQ) document has been prepared along with a proposed schedule. These are being presented to the Council for their consideration, approval and authorization to proceed. ISSUES: • Historically, the selection process has involved an initial "Screening Committee" consisting of key staff personnel (Administrator, P.W. Director, City Eng., etc). A "short list" of qualified firms is then scheduled to be interviewed by the "Evaluation Committee" consisting of the staff Screening Cmte and the Public Works Committee. Their joint recommendation is then forwarded to the full Council for ratification. This same process will be implemented unless the council should choose to modify it. ATTACHMENTS: • Solicitation Schedule, page. • SOQ Document, distributed without page number. /w~ L SOLICITATION SCHEDULE STATEMENT OF QUALIFICATIONS (SOQ) FOR CONSULTING ENIGINEERING SERVICES ACTION DATE City Council Authorization to Solicit SOQ's June 19, 2001 Advertise/Distribute Request for SOQ's 3-4 weeks Pre-submittal Proposer Conference (staff) Mid July SOQ Submittals Due August 1, 2001 Evaluate SOQ's (staff screening cmte) 2 weeks (Mid August) Interviews (P.W. Cmte & staff screening cmte) (6+/- Firms) Ifull or 2 half days (Late August) Council approval September 4, 2001 06-14-01 G: Eng/Consulting Engineering Services /w .1 9 Agenda Information Memo June 19, 2001 Eagan City Council Meeting F. ORDINANCE AMENDMENT - CHAPTER 5, SECTION 5.02 (LIQUOR SALES VIOLATIONS) ACTION TO BE CONSIDERED: To approve or deny an Ordinance Amendment for Chapter 5, Section 5.02 (liquor sales violations) and to approve or deny the same civil penalty violation schedule and administrative procedures as contained in the Tobacco Sales Violation Procedures Ordinance. FACTS: • The City currently receives grant funds from the State to assist in performing compliance checks of liquor licensees for under age alcohol sales. • The State has strongly recommended that the City begin imposing civil penalties instead of the State. It is staff's belief that future grant funding for compliance checks may be at risk if the City neglects to assume this responsibility. • In official action at the May 1, 2001 City Council meeting, staff was directed to amend the Ordinance regarding liquor licensing to specifically provide for revocation, suspension and a civil penalty for liquor license violations as authorized by Minnesota statutes. • The City Attorney's office has prepared the proposed Ordinance Amendment, a copy of which is attached. • Council will notice that the monetary amounts and time frames in this ordinance have been left blank. It is staff's recommendation that these amounts be consistent with the amounts that are charged in the Tobacco Sales Violation Ordinance. • Those amounts are: $75 for a first violation, $200 for a second offense at the same license premises within a 24 month period, and $250 for a third or subsequent offense at the same location within a 24 month period. For a fourth violation within a 24- month period, the license would be suspended for a period of not less than seven days. ATTACHMENTS: Enclosed on pages through is a copy of the proposed Ordinance Amendment. /l~q t ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED 'BEER, WINE AND LIQUOR LICENSING AND REGULATION' BY AMENDING SECTION 5.02, SUBDIVISION 4(H) REGARDING LIQUOR VIOLATION PENALTIES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 5 is hereby amended by changing Section 5.02, Subd. 4(H), to read as follows: H. Penalty. The ^ ed shalll r ke e end ed stet-te a weed-60 days, , this ehapter. In the event that a fine imposed pursuant te flis subpamgWh is ne"36d with►in15-dayssofts pesitien by the eeuneg, the hemse shafl be-pefmanen ly suspended unW the fine is paid. Upon a finding, that the licensee has sold alcoholic beverages to another retail licensee for the purpose of resale, purchased alcoholic beverages from another retail licensee for the purposes of resale, conducted or permitted the conduct of gambling on the licensed premises in violation of the law, failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under Minnesota Statutes, or failed to comply with any other applicable state statute or rule, or Code provision herein relating to alcoholic beverages, the City may revoke the license, suspend the license for Lip to 60 days, or impose upon the licensee a civil penalty up to $2,000.00 for each violation, or impose any combination thereof. A civil penalty of $ for the first violation, $ for the second violation within a - month period and $ for a third violation within a -month period shall be imposed upon the licensee who shall pay the civil penalty within 30 davs of the date of a notice from the City. A fourth or more violation within a -month period shall be subject to a civil penalty as determined by city council resolution. If the licensee fails to pay the civil penalty within 30 days of notice, the licensee's license shall be suspended until the civil pgnalty_plus any surcharge or interest for late payment, is- paid in full. After the third offense within a -month period, the license shall be suspended for not less than seven days. No suspension or revocation of a license or civil penalty under this Subparagrgph shall take effect until the licensee has been given an opportunity for a hearing under the Minnesota Administrative Procedure Act. If the licensee files a request for hearing with the City Clerk within five (5) business days of the date of the notice of the license action or civil penalty, the City Clerk shall schedule a hearing before a hearing officer duly appointed by the City Administrator. In the event that the licensee fails to timely 1740 .1 A request a hearing or fails to appear at a scheduled hearing, the licensee shall be deemed to have waived his/her right to a hearing and shall be subject to the license action or civil penalties imposed hereunder. Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Mira McGarvey By: Patricia E. Awada Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.34, SUBDIVISION 19, REGARDING TOBACCO SALES LICENSE ADMINISTRATION PROCEDURES AND PENALTY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by changing Section 6.34, Subdivision 19(H), to read as follows: H. Penalties. 1. Licenses. Any license found to have violated this section, or whose employee shall have violated this section, shall be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second offense at the same licensed premises within a 24-month period; and $250.00 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. 2. Other individuals. Individuals, other than minors regulated by subparagraph herein, found to be in violation of this section shall be charged an administrative fee of $50.00. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay other juvenile or minor charged with a violation of the law. 4. Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surcharge or interest imposed for late payment. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. X73 .I_ A Agenda Information Memo June 19, 2001 Eagan City Council Meeting G. ORDINANCE AMENDMENT - CHAPTER 6, SECTION 6.34 (TOBACCO SALES VIOLATIONS) ACTION TO BE CONSIDERED: To approve or deny an Ordinance Amendment for Chapter 6, Section 6.34, of the City Code regarding tobacco sales license violations. FACTS: • When reviewing the proposed Ordinance Amendment regarding liquor license violations, staff realized that there were no consequences if an establishment failed to pay administrative penalties for violating tobacco sales license violations. • Therefore, staff is proposing an Ordinance Amendment to the Tobacco Sales License Violation Ordinance consistent with that contained in the Liquor Sales License Violation Ordinance. ATTACHMENT: Enclosed on pages through is a copy of the proposed Ordinance Amendment to Chapter 6, regardin4to ccosales licensing violations. I Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Mira McGarvey By: Patricia E. Awada Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: i I' Tom Hedges From: Dean, Michael [Michael.Dean@Co.Ramsey. MN.US] Sent: Monday, June 11, 2001 2:06 PM To: 'thedges@cityofeagan.com' Subject: Web Site for the Council Hi Tom: Please pass this email to the Council. The Web page below supports the Mayors policy views re: maintaining Eagan as an automobile suburb (Although I lean toward New Urbanism, I do read both sides of issues). Please pass it on to the council . However, as a public health official responsible for tracking violence for the most densely populated county in Minnesota, I fail to find that population density "breeds problems", including crime and other violence. Crime and violence are much more complicated than that. Also, "breeds problems" in the context quoted in City Pages, sounds very racist. Is it possible to be racist in spite of the diversity of one's immediate family? <http://architecture.about.com/arts/architecture/gi/dynamic/offsite.htmt site =http://www.reason.com/9901/fe.ro.densethinkers.html> Thank you! Michael G. Dean Public Health Program Analyst Saint Paul - Ramsey County Department of Public Health 50 West Kellogg Blvd, Suite 930 Saint Paul, Minnesota 55102 - 1657 Telephone: (651) 266 - 2527 Fax: (651) 266 - 2593 1 i-2 j i Reason magazine January 1999 Page 1 of 16 SON R A E 0 N L I N i REASON * January 1999 Dense Thinkers "New Urbanism," the latest fad in urban planning, promises less traffic, better air, and lower taxes. Here's what it really delivers. By Randal O'Toole In 1992, residents of Portland, Oregon, were terrified that their growing city was fast becoming the Pacific Northwest's version of Los Angeles--as they saw it, a congested, polluted city with too many cars and too little sense of community. The threat was considered so serious that a traditional anti-growth response--a tough, comprehensive land-use plan limited to the actual city boundaries--wasn't enough. To prevent the paving of Portland, area voters signed off on the creation of Metro, a regional planning authority with dictatorial land-use planning powers over 24 cities and three counties. To hear Metro boosters describe it, Portland-area residents can now rest easy. The concrete landscape of Southern California won't be copied any time soon in the Beaver State. Far from it. Though Metro's experts predict that the region's population will grow by 75 percent in the next few decades, the agency has a plan that will accommodate these newcomers while promoting "livable neighborhoods," "protecting open space," "reducing dependence on the automobile," and maintaining "affordable housing" and lower infrastructure costs. All in all, an idyllic package: better neighborhoods, pedestrian-friendly streets, cheaper housing, and lower taxes. What will it take to reach such goals? Only the community's desire--as codified in Metro's planning and zoning laws--to squeeze more people and more businesses into smaller spaces under tighter regulatory control. Metro's regional plan restricts development outside of an urban growth boundary that allows only a 6 percent expansion of the urbanized area for at least http://www.reason.com/990I/fe.ro.densethinkers.html 6/14/01 ~ L Reason magazine January 1999 Page 2 of 16 two decades. The plan also doubles or triples the population density of many neighborhoods by rezoning them to require apartments, row houses, or other high-density housing whenever new construction is undertaken. Additionally, Metro sets strict population targets for each of the 24 cities and three counties under its dominion, forcing them to convert 10,000 acres of prime farmlands, golf courses, city parks, and other open spaces to high-density residential or commercial uses. Finally, Metro plans to spend billions of dollars to build 100 miles of rail transit lines to free residents from their cars. Reduced congestion, better air quality, lower taxes. No wonder Portland has gotten great national press and praise. There's only one little problem: Metro's own data say the plan is doomed to failure. Details, Details Consider, for instance, Metro's bold, confident prediction that its plan will double public transit usage. Since transit currently carries less than 2.5 percent of Portland-area trips, doubling that doesn't get you very far toward a car-free utopia. Similarly, Metro expects at best a modest decline in auto usage, from 92 percent of urban trips to 88 percent. In fact, given the 75 percent population increase that Metro predicts over 50 years, that translates into five cars driving around for every three cars today. Accordingly, planners estimate that traffic congestion will triple or quadruple and that air pollution will increase. Then there's the tax question. Metro wants to pay for the rail lines it says will lure people out of autos by adding billions of dollars to local property taxes. And to promote high-density development in an area already glutted with apartments, Portland and other area cities are giving developers millions of dollars in tax breaks and other subsidies that will ultimately come out of residents' pockets. Meanwhile, housing prices are skyrocketing because of the artificial land shortage created by the urban growth boundary, giving Portland the least affordable housing in the nation after only San Francisco. Oh, and there's one more thing. Remember how Metro was supposed to save Portland from becoming Oregon's answer to L.A.? In 1994, Metro planners studied the nation's 50 largest http://www.reason.com/9901/fe.ro.densethinkers.html 6/14/01 i.. Reason magazine January 1999 Page 3 of 16 urban areas to see which one was closest to the future they envisioned for Portland--one with higher population densities and fewer roads. It turned out that the metropolitan area-- defined as all of the land in and around a city whose population density exceeds 1,000 people per square mile--with the highest population density also had the fewest miles of freeway per capita. Its name: Los Angeles. While the city of Los Angeles proper has a lower density than New York City, the Los Angeles metro area is nearly one-third denser than the New York metro area, which includes--among other places-- northeastern New Jersey and Long Island. Far from being the incarnation of evil, auto-dependent sprawl, L.A. was the model to emulate. To their credit, Metro planners did fess up to this unexpected and uncomfortable finding, daring to write, "With respect to density and road per capita mileage, [Los Angeles] displays an investment pattern we desire to replicate" in Portland. Of course, saying this out loud would have meant instant death for their plans, if not their persons. So the document in which this conclusion is reached is available only to people willing to pay $10 for a 60-page booklet filled with eyeball-glazing graphs and statistics. Here's another irony: Despite such glaring and self-evident contradictions, Portland has become a shining beacon for urban planners, who envy Metro's Singapore-like regulatory authority. Places ranging from Minneapolis-St. Paul (with a metro population of about 3 million) to Missoula, Montana, (43,000) have adopted plans based on the Portland model. Suburban Renewal Welcome to the crazy world of the New Urbanism, the latest fad in urban planning. The New Urbanism is a broad-based movement of planners, architects, environmentalists, central city governments, downtown business interests, transit agencies, and engineering and construction firms that has coalesced over the past 10 years. Proponents seek to recreate the high-density cities of the 19th and early 20th centuries. To impose their will, New Urbanists take particular aim at suburbs and the automobiles that helped make them possible. Indeed, a more appropriate name for the movement might be Suburban Renewal, since the New Urbanists' chief goal is to convert the suburbs--invariably regarded as banal, ugly, sterile, and inefficient--into something like inner-city areas. http://www.reason.com/9901/fe.ro.densethinkers.html 6/14/01 i I t Reason magazine January 1999 Page 4 of 16 A recent Sierra Club study, "The Dark Side of the American Dream," is representative of New Urbanist thinking. "The automobile way of life is unhealthy, anti-social, and unsustainable," claims the report, which was partly funded by the U.S. Environmental Protection Agency. The New Urbanism, in contrast, seeks to create neighborhoods "where jobs, shopping, services, and recreation are all nearby" so that people can get around without cars. Low-density suburban development--pejoratively termed "sprawl"--leads to "increased congestion, longer commutes, increased dependence on fossil fuels, crowded schools, worsening air and water pollution, lost open space and wetlands, increased flooding, destroyed habitat, higher taxes and dying city centers." None of these claims is documented, which isn't surprising, because none of them is true. What is true is that the Sierra Club, the American Planning Association, and other New Urbanists have definite ideas about how the suburbs should be rebuilt. Their plans usually call for the following: • Urban growth boundaries to restrict suburban expansion. • Prescriptive zoning and development subsidies to force higher-density development inside growth boundaries. Prescriptive zoning mandates higher densities whenever building or rebuilding occurs. If your house burns down, you may even be required to build an apartment in its place. • Discouraging driving through "traffic calming" measures such as narrow streets, parking limits, roadway barriers, and zoning codes that require shopping malls to turn their parking lots into apartments. There may also be rules requiring employers to write up plans to reduce workers' auto commuting. • A focus on hugely expensive--and hugely ineffective--rail transit to the exclusion of highway construction or expansion. New Urbanists firmly believe they can change people's behavior by redesigning the cities in which they live. That's not an indefensible notion, but it's not as easy as it sounds. Consider the fate of Laguna West, a widely touted Sacramento http://www.reason.com/9901/fe.ro.densethinkers.html 6/14/01 fi T L Reason magazine January 1999 Page 5 of 16 suburb designed by California architect and New Urban guru Peter Calthorpe. Calthorpe thinks suburbanites suffer from a "sense of frustration and placelessness." To fix this, he designs what he calls "pedestrian pockets" or "transit-oriented developments" that plug people into where they live. As envisioned by Calthorpe, Laguna West would have consisted of a "transit center" surrounded by high-density apartments and condominiums. A ring of single-family homes on small lots would surround the high-density core. Scattered throughout would be stores, offices, and other commercial uses. Most people would be able to walk to shopping, and many would be able to walk to work or the transit center. But Laguna West was a financial failure. No one wanted to live in the high-density area, and as a result its developer went bankrupt. Instead, a new builder put low-density housing in the core. While those houses were actually salable, their presence also meant that most transit riders had to drive to the transit center. Since Calthorpe provided no parking at the transit center, drivers parked in front of other people's homes. The homeowners objected and successfully lobbied to have the transit center moved outside of the development. Meanwhile, residents do all of their shopping at a conventional strip mall outside the development. The only commercial use inside Laguna West--a quick oil-change joint--hardly testifies to people's decreased dependence on the auto. If it's hard to design a successful suburb from scratch, it's that much more difficult to shift residents from already established patterns of land use and behavior. But urban planners all over the country are trying to impose New Urban ideals on existing suburbs and cities. Metro even hired Calthorpe to show them how pedestrian pockets and transit-oriented developments could be scattered throughout the Portland area. Congestion as "Positive Urban Development" The vision of a place where people walk to the grocery store and take the train to work certainly has its charms. But far from delivering urban zones from the curse of "auto- dependent" lifestyles, New Urbanist policies have consistently led to significant increases in highway congestion; deteriorating air quality (because autos pollute more in slow- moving, congested traffic); dramatic infrastructure shortfalls as sewer, water, schools, and other systems designed for low- http://www.reason.com/9901/fe.ro.densethinkers.html 6/14/01 fi T Reason magazine January 1999 Page 6 of 16 density cities must be rebuilt for higher densities; rapidly increasing housing prices as land becomes scarce; and disappearing urban open spaces such as parks and golf courses as developers turn them into residential and other developments. Such negative outcomes are not accidental. Indeed, they are the predictable, inevitable, and often intended consequences of New Urbanist plans. Consider the New Urbanist claim that increased population density will reduce traffic congestion. The idea makes some intuitive sense: If people are closer to one another, to jobs, and to shopping, they won't need to drive so much to get to their destinations. But the reality is that while higher population density may slightly reduce per capita driving, it vastly increases congestion and pollution. Say, for instance, that doubling density reduces per capita driving by 10 percent. Two hundred percent as many people each driving 90 percent as much results in 180 percent as many cars. Unless the road network is expanded by 80 percent--which New Urbanists would oppose--80 percent more traffic produces a huge increase in congestion. Real-world experience suggests that 10 percent less per capita driving with a doubling of density is about the best that can be expected. In fact, it may be overly optimistic. What's more, Census Bureau and Federal Highway Administration data show little correlation between density and the number of miles people drive. The Miami, Ft. Lauderdale, and West Palm Beach metropolitan areas all cover about the same number of square miles. Miami has twice the density of West Palm Beach, and per capita driving is indeed about 10 percent less in Miami. But residents of Ft. Lauderdale, whose density is halfway between those of Miami and West Palm Beach, drive more than residents of both areas. In Portland, planners have used a sophisticated computer model to predict the effects of their plans on driving habits. Under their most optimistic scenarios, by the year 2040, auto use will drop from 92 percent of all area trips to 88 percent. Since planners assume a 75 percent increase in population, this translates to a massive expansion in traffic and congestion-- they figure three to four times the current number of congested road miles. But that's OK, say Metro officials in one of their we've-got-to- destroy-the-village-in-order-save-it moments, because http://www.reason.com/990I/fe.ro.densethinkers.html 6/14/01 ur t Reason magazine January 1999 Page 7 of 16 congestion actually "signals positive urban development." Indeed, though they rarely talk about it in public, a major short-term New Urbanist goal is to increase, not reduce, congestion. After all, clogged, slow-moving traffic might encourage a few people to get out of their cars, while punishing those who do not. Minnesota's Twin Cities Metropolitan Council takes a similar view of increased congestion. In addition to planning the Minneapolis-St. Paul region, the council runs the area's public transit system. Bus ridership has declined by 40 percent in the past 25 years, while highway traffic has greatly increased, with further increases projected. So what does the Metropolitan Council plan to do? Build no more roads for at least 20 years. The council wants to promote ridership on its buses by increasing highway congestion to intolerable levels. "As traffic congestion builds," says the council's Transportation Plan, "alternative travel modes will become more attractive." Of course, as congestion builds, alternative places to live will become more attractive too. If New Urbanist attitudes toward traffic congestion are muddled--they seek to alleviate traffic congestion by increasing it--their attitudes toward commuting are no less contorted. As with the assumed relationship between density and miles driven, the real world refutes New Urbanist claims that low-density suburban development forces people to spend more time commuting. Census data show that, regardless of the year or the urban area's size, commuters spend an average of 20 to 25 minutes getting to work. This is as true in Los Angeles (with a metro area population of 12 million) as it is in Houma, Louisiana (68,000). Indeed, if New Urbanists were really concerned about long commutes, they would advocate more road construction and less emphasis on mass transit: The average public transit commuter travels a shorter distance yet spends more time commuting than the average driver. The first-, second-, and third-longest average urban commute times are in New York, Washington, and Chicago--which, not coincidentally, are the urban areas with the first-, second-, and third-highest shares of commuters riding mass transit. A similar paradox undergirds New Urbanist air quality policies. Since automobiles pollute the air, New Urbanists convinced Congress to deny federal highway funds to cities http://www.reason.com/9901/fe.ro.densethinkers.html 6/14/01 T i Reason magazine January 1999 Page 8 of 16 with significant air pollution problems. Not only does that policy make it tough for congested areas to build bigger highways, it almost certainly makes pollution worse in those cities. That's because most auto pollution is a function of congestion and density: Cars use more energy and pollute more when they drive slowly or in stop-and-go traffic than when they drive fast in free-flowing traffic. The best prescription for reducing air pollution, then, is to reduce congestion by adding highway capacity or making other improvements to speed up traffic. Dirty air is also a function of density, which promotes the concentration of dangerous levels of pollutants. The EPA rates urban air pollution as extreme, serious, moderate, marginal, and none. Not surprisingly, the worst pollution is found in the urban areas with the densest populations (see chart). Thus, the New Urban prescription of increased density with few new roads doubly increases urban air pollution. Sprawling Costs Worsened air quality is a price New Urbanists apparently are willing to pay. But when it comes to what they call "the costs of sprawl," they're not so generous. As with most of their core beliefs, New Urbanist cost analyses of suburban development rely more on faith than on empirical data. Hence, a 1974 Council on Environmental Quality report arguing that low- density development imposed higher costs for urban services-- roads, sewers, schools, and the like--than higher densities remains a holy text among the New Urbanist faithful. That the document was based entirely on speculative and unverified estimates doesn't seem important; neither does the fact that numerous studies since that time have found that taxes and urban service costs are actually higher in high-density areas. A 1992 Duke University study, for example, analyzed data from 247 counties that contain well over half the population of the United States. The researchers found that, above a density of 250 people per square mile (which is a rural density), costs rose as densities increased. In fact, urban service costs in areas of 24,000 people per square mile--a density typical of the core of older cities such as Philadelphia and Boston--were nearly 50 percent greater than in areas of 250 people per square mile. But even if a new high-density development did impose lower costs than a low-density development, it does not follow that it http://www.reason.com/990I/fe.ro.densethinkers.html 6/14/01 G I Reason magazine January 1999 Page 9 of 16 costs less to rebuild a low-density suburb to high densities than it would to simply build a new low-density suburb. That's because infrastructure such as sewers, water, roads, and schools are built for the densities they serve. Suddenly doubling densities means tearing up streets for utilities, widening roads (or increasing congestion), and buying land for new schools. Residents of San Diego know all about that. In 1980, the city adopted a New Urban plan that discouraged development outside of an urban ring and promoted "infill" development in the core area ("infill" is the development of vacant lots and redevelopment of existing residential areas to higher densities.) Ten years later, the sewage system was regularly breaking down, traffic congestion had significantly increased, and the city estimated that it needed $1 billion to bring urban infrastructure up to its 1980 levels. Ironically, the Sierra Club cited San Diego as one of the nation's worst examples of sprawl. In a related way, New Urbanists get it backward when it comes to housing and living costs: Policies they think will lead to cheaper housing and living costs actually make things more expensive. In low-density cities such as Houston and Minnesota's Twin Cities, land represents a tiny fraction of the value of a home. In higher-density cities, it's common for land to account for half or more of the value of a home. This means that people of a given income level in a high-density city can afford less house than they might buy in a low-density area. That's one reason why the suburbs are so popular--you tend to get more house (and property) for the money. The same basic economic reality affects retailing as well. A major reason why megastores and supermarkets gravitate to the outskirts of areas is that land is cheaper and allows for bigger buildings. The New Urbanist dream of shopping at a corner market may be quaint, but it ignores two basic things people look for in stores: good prices and a wide selection of products, neither of which is characteristic of small shops (as any inner-city grocery shopper will tell you). Stores get bigger when they can serve more people. When they get bigger, they can offer a greater variety of products, fresher produce, and lower prices than small stores. Corner grocery stores might serve the occasional emergency need for a quart of milk or six- pack of beer. But most people will do most of their shopping where choices are greater and costs are lower--which means http://www.reason.com/990I/fe.ro.densethinkers.html 6/14/01 u Reason magazine January 1999 Page 10 of 16 that they will shop by car. In spite of New Urbanist claims, such residential and retailing mobility hasn't led to unchecked sprawl. According to the U.S. Department of Agriculture, more than 95 percent of the lower 48 states remains undeveloped. In fact, the vast majority of Americans live in the less than 3 percent of the country that is urbanized (defined by the Census Bureau as more than 1,000 people per square mile). The only open spaces that are truly threatened are golf courses, u-pick farms, and large suburban backyards. All are targeted by New Urbanists for "infill" development. Portland is even selling park lands at discount prices to entice developers into building high-density apartments. The Congestion Coalition Despite its theoretical and practical failings, the New Urbanism is quietly sweeping the nation. Portland's Metro recently passed the most restrictive plan ever adopted for a U.S. city. The legislatures of Maryland, Minnesota, and Washington have enacted "smart growth" or "growth management" laws, both New Urbanist euphemisms. Pressure groups in Denver, Phoenix, Albuquerque, Tampa, and other cities are demanding and getting New Urbanist plans for their communities. If you live in a metropolitan area, your city planning bureau is probably infested with New Urbanists. This success is all the more remarkable given the manifest and widely recognized failure of grand, utopian planning schemes. As Jane Jacobs' The Death and Life of Great American Cities (1961) showed, the urban renewal movement in the 1950s and '60s destroyed living communities and replaced them with sterile monuments to human arrogance. In N071,here to Go (1988), Fuller Torrence credibly blames much of the homeless problem on planners who demolished the low-income apartments where many of these people lived. Planners also created many of the public housing disasters of the past few decades. The history of urban planning is a lesson in the law of unintended consequences. How do the New Urbanists respond to the failure of their forebears? They not only admit that past planners made mistakes, they themselves blame most urban ills on previous generations of planners. Their perverse, if savvy, solution is to give planners more power, so they can correct past mistakes http://www.reason.com/990I/fe.ro.densethinkers.html 6/14/01 fi T Reason magazine January 1999 Page 11 of 16 through even stronger rules and regulations. New Urbanist supporters include planners, environmentalists, federal bureaucrats, central city officials, downtown businesses, and construction companies. Their motivations range from idealism to economic self-interest, but all have a stake in maintaining or rebuilding tightly packed urban cores. Together, they also have the clout to get things done. Planners and environmentalists are among the idealists in what can be dubbed the "congestion coalition." Recognizing that traffic congestion is one of the major concerns of urban residents, most New Urbanist planners no doubt think their convoluted approach will eventually alleviate the situation. (To put a more cynical spin on their designs, they can at least rest assured that increases in congestion caused by their plans will lead to calls for more planners.) Environmentalists' idealism is less concerned with urban quality of life per se than with preserving what they see as pristine wilderness; New Urbanist nostrums of denser urban areas and less automobile usage are means to that end. By themselves, however, planners and environmentalists are not powerful enough to persuade anyone to implement the New Urbanism. That's where the other members of the congestion coalition come in. If planners and environmentalists supply the vision, bureaucrats, local officials, downtown businesses, and contractors provide the money and the might to make New Urbanist dreams a reality. A number of friendly federal agencies directly finance the New Urbanist agenda. For instance, as part of its Transportation Partners program, the EPA gives several hundred nonprofit organizations money to lobby for transit and pedestrian ways and against highways. The avowed goal of the program is to reduce the number of "vehicle miles traveled." (In true New Urbanist fashion, the claims to success are meager at best: The EPA boasts these "partners" reduced annual vehicle travel by 1.25 billion miles in 1997. That's a questionable figure, but even if valid, it represents less than 0.1 percent of all urban driving.) The U.S. Department of Transportation also supports the New Urbanism. The Federal Transit Administration, the branch of the department charged with promoting transportation planning, strongly influences urban spending because New Urbanists convinced Congress that cities receiving federal http://www.reason.com/9901/fe.ro.densethinkers.html 6/14/01 ur L Reason magazine January 1999 Page 12 of 16 transportation funds should be forced to create regional transportation plans. The onerous planning process gives New Urbanists plenty of opportunities to skew the results their way. For example, federal transit officials grade local transportation planners for the effort they make at getting cyclists, pedestrians, and transit riders--but not auto drivers--involved in the planning process. The transportation bill recently passed by Congress provides $20 million a year in local grants similar to the EPA's Transportation Partners program. New Urbanism is also supported by DOT and Department of Housing and Urban Development requirements that urban areas have metropolitan planning organizations (MPOs) representing most or all local governments. Originally conceived as clearinghouses for federal grants, many MPOs function instead as political safety valves. As Brookings Institution economist Anthony Downs notes in Stuck in Traffic (1992), a regional planning agency "can take controversial stands without making its individual members commit themselves to those stands. Each member can claim that 'the organization' did it or blame all the other members." Urban Godsends That's exactly what has happened in Portland, where Metro has ultimate planning authority over two dozen cities and three counties. Metro requires these cities and counties to rezone existing neighborhoods to meet its population targets. Far from resisting such targets, many cities view them as a way to increase their tax base by packing more residents into their jurisdictions, and some even asked for higher ones. But when neighborhoods object to being rezoned, they are told, "We don't have a choice. Metro is making us do it." The turn to MPOs is a godsend especially to officials in large cities seeking to consolidate, if not increase, their power, which has been on the wane for most of the postwar period. Since 1950, nearly all urban growth has been outside big cities. That massive population shift toward suburbs and mid-size cities has made it tougher for traditional central cities to generate tax revenue and to qualify for pork-barrel spending tied to population. The MPOs change all that. Because of its relative size, the strongest player in any MPO is invariably the largest city in the region. The MPO gives such cities an instrument to redirect development dollars their way http://www.reason.com/9901 /fe.ro.densethinkers.html 6/14/01 I Reason magazine January 1999 Page 13 of 16 and to get revenge on the suburbs (tellingly characterized as "godawful trash" by one Portland City Council member). The same holds true for downtown business interests: Like their public-sector counterparts, they resent the shopping malls, office campuses, and modern factories that have grown up in the suburbs. For central city officials and businesses, then, the New Urbanism represents the latest ploy to maintain their way of life. Of course, it's unlikely it will succeed any more than the billions of federal and local dollars already spent trying to maintain particular urban areas. The problem with most central cities is that they were built in an age when primitive transportation and communications dictated high densities; people had to live near one another. The "decline" of cities that officials worry so much about is due to the fact that cars, telephones, and electricity make it possible for people to live in lower densities--and most choose to do so. Fretting over urban "decline" is misguided in another sense too. Downtown interests, argues Joel Garreau in the brilliant Edge City (1991), "believe settlement patterns to be a zero-sum game": Any gain in the suburbs represents a loss for downtown. Yet Garreau notes that even as suburbs have boomed, American "downtowns have been going through their most striking revivals of this century. From coast to coast... downtowns are flourishing." To be sure, most recent downtown growth has been in the areas of arts and entertainment. This fails to impress downtown traditionalists, who still think downtowns should be the main retail and commercial centers of a city. So New Urbanist prescriptions, such as limits on new shopping malls and parking restrictions in existing malls, are appealing to downtown businesses. If new stores can't open in the suburbs, goes this line of thought, they'll have to set up shop downtown. Such zero-sum thinking undergirds what is perhaps the defining characteristic of the New Urbanism: an undying reverence for light-rail networks. Central city officials and downtown interests know that, if transportation dollars go into highways, they will be spent in the suburbs, where most growth is taking place. But if those funds are spent on a rail transit system, the vast majority will be spent in the central city because most, if not all, rail lines will radiate from a http://www.reason.com/9901 /fe.ro.densethinkers.html 6/14/01 ~ I Reason magazine January 1999 Page 14 of 16 downtown. Light rail not only restores to downtown some of its former centrality, it represents a huge pork-barrel project for the fifth member of the congestion coalition: the civil construction industry. With the Interstate Highway System effectively completed and strong resistance to new roads in the cities, the construction industry has been looking for work. What better opportunity exists than to rebuild the rail systems that moved urbanites in the pre-automobile age? New Urbanists spuriously claim that light rail is more efficient than highways. For the construction industry, the attraction of rail systems is that they cost much more to build than highways. A typical urban freeway costs about $5 million to $10 million per lane-mile, or $20 million to $40 million per mile of four-lane road. By comparison, Portland just opened a new light-rail line that cost $55 million per mile--and is planning a new line that will cost a whopping $100 million per mile. (That neither of these lines will carry as many people as a single freeway lane is the sort of consideration that never seems to make it onto the planner's ledger sheet.) Light rail isn't always as expensive as in Portland, but its costs when finished are almost always far greater than when originally proposed. For the construction industry, then, rail is not only less controversial than highways. Because of typical cost overruns and "gold-plating," rail adds up to huge profits for a wide variety of consulting, engineering, and building firms. Light rail does nothing to reduce congestion; in fact, because most transit systems sacrifice more-popular bus routes once they introduce less-popular trains, it typically increases congestion. But that is not the construction industry's concern. So long as New Urban interests can channel money toward rail, the construction industry will be only too happy to finance the political campaigns of New Urbanist city officials and any ballot measures that might be required to obtain local rail funding. The Metro Dilemma Given the strength of the congestion coalition, it's no surprise that the New Urbanism has gotten as far as it has. While the movement has visible critics--including Joel Garreau, Peter http://www.reason.com/990I/fe.ro.densethinkers.html 6/14/01 f T Reason magazine January 1999 Page 15 of 16 Gordon of the University of Southern California, and John Charles of the Portland-based Cascade Policy Institute-- sometimes it seems as if it is an unstoppable civic juggernaut. Beyond underscoring its inconsistencies and misrepresentations, one way of challenging the New Urbanism is to recognize its place in the urban planning tradition. Far from being the "scientific" and "rigorous" school of thought its proponents claim, the New Urbanism is best understood as simply the latest attempt by planners to pass narrow, essentially moral judgments on American cities. Beginning with the "City Beautiful" movement in the late 19th century, planners believed that good design would lead to a "new urban man" who would be a morally upright member of the community. Given the proper architectural circumstances, planners theorized, urban residents would work hard and not turn to crime; social ills such as drunkenness would disappear. Early land-use planners believed that the crowded, dirty cities where houses were mingled with factories and commercial uses should be replaced by low-density residential areas separated from other uses. There, workers would be free from easily transmitted diseases and have cleaner air. A few decades later, in the 1920s, early transportation planners hoped that good roads would revitalize downtowns--threatened even then by "sprawl" --by reducing congestion and attracting new investments. But all the freeways did is give residents and employers a quicker escape from the crowded central cities. New Urbanism has learned well the lesson that roads let people go where they want to go. They've wedded that insight to the early land-use planners' goal of improving people's moral behavior. The immoral behavior New Urbanists want to end now is driving, which they see as wasteful, noxious, and anti-social. Interestingly, to stop people from driving, they are trying to turn entire urban areas into the crowded, mixed-use cities that 19th-century planners found so degrading. "The politics of stasis," says interstate highway historian Mark Rose, "has displaced the politics of growth." What hasn't changed is the belief that people cannot or should not be left to their own devices when it comes to deciding where and how to live their lives. If the New Urbanists put the actual quality of life of urban residents ahead of their theories about quality of life, they would chart a vastly different course. The best prescription for http://www.reason.com/990I/fe.ro.densethinkers.html 6/14/01 P I Reason magazine January 1999 Page 16 of 16 the central cities is to let them depopulate as people move out to the suburbs. As their densities fall, they will become more attractive places to live. This has happened in Cleveland, the former national joke which has become one of the more livable cities in the Midwest. But such a policy bruises the egos of the city officials who want to maintain political hegemony over the suburbs; it also fails to satisfy the demands of the rest of the congestion coalition. So the New Urbanists turn instead to regional planning, growth boundaries, suburban "densification," congestion- inducing road policies, and light-rail transit. This is a prescription for destroying not only the central cities but the suburbs as well. As baby boomers retire and telecommuters increase, fewer and fewer people will need to live in urban areas. If the New Urbanists succeed in making the suburbs as unlivable as many central cities already are, people living in cities and suburbs are likely to become "exurbanites," moving out to rural areas. Exurbanization will be sprawl with a vengeance, as people forbidden to live on quarter-acre suburban lots happily move to five-to-40-acre rural lots. A recent survey of Portland residents should give the New Urbanists pause, even as it apparently confirms their agenda. The poll found that most Portlanders do in fact support Metro's plan. But then the poll asked where people would live if they had a choice: the city, the suburbs, or rural areas. The same majority said "rural areas." That response might seem odd, but it's in keeping with the New Urbanism, which produces in abundance everything its adherents claim to oppose: congestion, pollution, unaffordable housing, and higher taxes. Randal O'Toole is an economist from Oak Grove, Oregon, v?ho is currently teaching conservation policy at Yale University. 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All rights reserved. http://architecture.about.com/arts/architecture/?once=true& 6/14/01 . 1 i ENGINEERING CONSULTANT SERVICES REQUEST FOR STATEMENT OF QUALIFICATIONS CITY OF EAGAN JUNE 20, 2001 B 1 I ENGINEERING CONSULTANT SERVICES REQUEST FOR STATEMENT OF QUALIFICATIONS TABLE OF CONTENTS 1. INTRODUCTION .................................................................................3 II. STATEMENT INSTRUCTIONS ........................................................3 III. STATEMENT CONTENT ...................................................................4 IV. CATEGORIES ......................................................................................5 V. STATEMENT EVALUATION AND CONTRACT AWARD 8 VI. CONSULTANT SERVICES PERFORMANCE REVIEW ..............9 VII. CONTRACT EXECUTION .................................................................9 VIII. CITY INFORMATION ........................................................................11 2 ~ I. INTRODUCTION This request for STATEMENTS OF QUALIFICATIONS (SOQ) has been prepared by the City of Eagan in order to retain the services of professional consulting firms to provide municipal engineering services for the City. The City desires to establish various categories of services to which professional consulting firms will be assigned. The City of Eagan intends to retain up to three firms for General Municipal Engineering Services and at least one firm for each of the Technical/Specialty Services described in Section IV. It should be noted that firms are eligible to be retained in as many of the areas as they are qualified for. The municipal engineering services desired include all the planning, engineering, and support activities necessary to implement various public improvements. The services include: • Comprehensive system/facility plans and studies • Preliminary engineering feasibility reports • Applications for various funding programs • Environmental worksheets • Design, construction and legal boundary surveys • Detailed design and plan preparation • Technical specifications • Estimates and construction contract documents • Competitive bid solicitation and evaluation • Construction engineering, inspection and observation services • Contract management • The preparation of record plans and final contract close-out reports • Miscellaneous specialty/technical services identified herein Selection and future work assignments will take into consideration the workload, expertise and past performance of the firm or any of its individuals. II. STATEMENT INSTRUCTIONS A. All responses, questions and correspondence should be directed to: Thomas A. Colbert, P.E. Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan MN 55122-1897 (651) 681-4646 tcolbert(a,cityofea an.com NOTE: All statements must be received at City Hall no later than 4:30 p.m., August 1, 2001. 3 I III. STATEMENT CONTENT A. Title Page Include the name of the firm, local address, telephone and fax number, name of the contact person, and the date. B. Table of Contents Include a clear identification of the material by section and page number. C. Consultant Profile 1. The areas of general services and/or technical expertise proposed to be provided directly by the firm. 2. The qualifications of the firm as related to the services to be provided. 3. A statement should address the basis of the firm's interest for each of the specialty categories for which the firm wishes to be considered. 4. The name, experience, and qualifications of the person(s) that will be responsible for the management and administration of a contract with the City. 5. The qualifications and resumes of the professional staff that will be routinely assigned to various City projects. 6. The short and long-term availability of the aforementioned staff. 7. A list of municipal clients where related services were provided by staff identified in #5 and the name and telephone number of a person who may be contacted at that municipality. 8. A list of current municipal clients identifying projects in progress, the specific activities being performed, and the name of a person who may be contacted at the municipality. 9. A list of previous or current services provided to the City of Eagan. 10. A list of private clients for whom work has been or is being performed within the City of Eagan, the type of project, the specific activities performed, and the name of a person who may be contacted at the client. 11. A fee schedule for 2001 including hourly rates, specialty rates, multipliers, percentages, etc., for the various classifications of personnel proposed to provide services under a contract with the City. Identify what services are excluded from these hourly rates (i.e., mileage, etc.). 12. Specifically state the firm's preferred method of calculating fees for different types of services provided. D. Quantity Please submit 5 copies of the Statement of Qualifications (SOQ). 4 6 I t IV. CATEGORIES OF CONSULTANTS There are two (2) primary categories of consultant services anticipated. A. General Municipal Engineering B. Technical/Specialty Services A. General Municipal Engineering Summary of Services: Provide technical engineering expertise in the preparation and development of site specific and/or comprehensive system plans; prepare special studies, feasibility reports and detailed plans and specifications for specific improvement projects; provide the necessary professional and technical manpower to supervise and manage improvement contracts and provide technical assistance to the City's professional staff as required. 1. Planning • Prepare, review, update and revise comprehensive sanitary sewer, storm sewer, water main, water quality, transportation and park systems' plans for the City of Eagan. • Advise staff and Council of estimated costs, alternative financing methods and recommended schedules of needed capital improvements to implement provisions of the comprehensive plans. 2. Construction • Prepare preliminary engineering and feasibility reports for proposed public improvement projects. • Perform topographic surveying for design purposes. • Prepare detailed plans, specifications and technical drawings necessary for the construction of public improvements. • Advertise and evaluate bids. • Conduct public hearings and assist with necessary neighborhood meetings. • Determine and provide legal descriptions and assist in the acquisition of necessary easements. • Conduct preconstruction meetings and coordinate with other utility companies, contractors, governmental agencies, etc., to ensure the proper scheduling, permit applications and general supervision of public and private improvement contracts. • Perform construction staking and location surveying. • Perform inspection and construction observation services to ensure compliance with City standards and approved plans and specifications. 5 E 'I i • Document the type and location of public improvement installations and prepare accurate record plans reflecting all changes or modification. • Prepare contract Close-Out Reports and perform the testing and inspections necessary to recommend acceptance to staff and the City Council. • Provide overall contract/project management acting on behalf of and as an agent for the City. 3. Assessments • Assists the City staff in determining the proper and equitable assessment rates to properly finance public improvement projects. • Provide cost breakdown of all related project costs to allow City staff to prepare a detail assessment allocation. 4. Miscellaneous • Review, evaluate and submit suggested revisions to existing fee schedules and assessment policies, utility user rates, public improvement financing surcharges, and general financing of public improvement projects. • Provide technical assistance and representation for the Municipal State Aid street programs. • Assist in maintaining and updating City utility and street index maps. • Provide necessary information as requested by staff in preparation of annual reports, budgets, bond obligation finance statements, etc. • Perform other related duties as requested in writing by the City Council or authorized staff. B. Technical Specialty Consultant Service These services are for consultants who are specialized in technical or limited areas of expertise for occasional specific work programs or on-going limited services relating to their area of particular expertise (soil testing, erosion inspection, etc.). 1. Architectural • Park shelter buildings • Utility operation structures (well houses, reservoirs, etc.) • Municipal buildings (expansions, remodeling, etc.) • Landscape architecture 2. Communications • Radio • Telemetry • Alarms • SCADA 6 I' 1 i 3. Electrical/Mechanical • Street lights • Energy management • Pump efficiency 4. Land Surveying • Subdivisions/plats • Certificates of Survey • Easement descriptions • Lot corner (re)placement 5. Natural Resources • Water quality studies • Monitoring • Hydrologic/hydraulic analysis • Erosion control • Lake restoration • Wetland delineation and mitigation analysis 6. Soils and Materials • Construction density and material testing • Soil borings • Pavement structural analysis/testing 7. Structural • Reservoirs • Buildings • Retaining walls • Bridges 8. Traffic/Transportation • Traffic impact/mitigation analysis • Signal/sign justifications • Circular/site plan layout and analysis V. STATEMENT EVALUATION, FIRM SELECTION AND CONTRACT AWARDS A. Qualifications Based Selection (OBS): The City intends to select and award a contract to those firms evaluated to be best qualified to perform the work for the City with cost, compatibility and other performance factors also considered. B. Review and Recommendation Process: Based upon review of the SOQ's, the City staff Screening Committee will recommend to the Council/Staff Evaluation Committee twice as many firms as are proposed to be retained. The Evaluation Committee's recommendation will be forwarded to the City Council for consideration and formal approval. 7 ~ C. Financial Liability Limitations: The City shall not be liable for any expenses incurred by the applicant including but not limited to expenses associated with the preparation of the statement, attendance at interviews, preparation of a cost statement or final contract negotiations. D. Rights of Review: The City of Eagan reserves the right to reject any and all statements or to request additional information from all applicants. E. Qualification Evaluation: In evaluating whether a consultant is to be included in one of the categories, numerous factors shall be considered. Among those factors are the following: 1. An evaluation of the consultant's technical qualifications, work experience and available personnel. 2. Recommendations of past and existing clients. 3. Previous experience with the City of Eagan. 4. Actual or potential conflict with other clients doing business with the City. F. Selecting, Criteria For Projects: For each project requiring consulting services, a municipal engineering consultant will be considered from the proper category of consultants approved by the City Council. The following criteria are used for considering a consultant: 1. The expertise and experience of both the firm and assigned personnel with projects or activities similar to the one under consideration. 2. The consultant's knowledge of particular equipment, methods, time frames and services required. 3. The consultant's ability to mobilize and make sufficient time, and appropriate personnel available to complete the project or activity within a specified time frame 4. The appropriateness and flexibility of the consultant's fee schedule in relationship to the industry, the City's desires and the scope of services to be provided. 5. The past performance of the consultant with regard to existing or previous projects or activities with the City. 6. The current workload of the consultant. VI. CONSULTANT SERVICES PERFORMANCE REVIEW The City intends to assist the successful firms in providing satisfactory services through periodic performance reviews. A copy of this Review Form is attached. 8 I i VII. CONTRACT EXECUTION A. Negotiations and Contract Execution The City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and a consultant be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another consultant or reject all of the statements. Upon completion of negotiations agreeable to the City and consultant, a contract shall be executed. Contracts will be for a minimum of five (5) years assuming satisfactory service delivery and or continuity of acceptable assigned personnel. B. Contracting Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decision, which affects his or her direct or indirect financial interest. 2. It is a breach of ethical standards for any person to offer, give, or agree to give any City employee or Council person, or for any City employee or Council person to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or move favorable treatment than is normally accorded to the general public. 3. The fine shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. To remove any potential or actual conflict of interest, a Regular or Specialty consultant representing any private party client submitting a project or activity to the City shall not represent or review the project or activity on behalf of the City. 5. This firm shall not accept any private client or project which, by nature, places it in ethical conflict during its representation of the City of Eagan. 6. The City requires affirmative action and, therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state and local regulations. 9 1 1 t C. Policy for Engaging Professional Consulting Services 1. SO and RFP Procedures All consultants for various services will be selected in accordance with the attached City's Policy. 2. Affirmative Action The City of Eagan, Minnesota, has adopted a policy that it will not discriminate in employment practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; that it has agreed to take affirmative action to recruit minorities, women and handicapped persons into its employment; and that it will transact business only with firms who have adopted similar non-discriminatory and affirmative action policies. In cases where a contract with the City of Eagan will exceed $50,000 and the number of full-time employees exceeds twenty (20) in the company making a Proposal, in its Proposal the company must furnish the City of Eagan with documentation that shows the company has adopted a written affirmative action policy. Contracts, which exceed $50,000, will not be awarded to companies of more than twenty full-time employees, which fail to provide verification of an affirmative action policy. VIII. CITY INFORMATION A. City Organization The City of Eagan was incorporated in 1974 as a statutory Plan A City. It has a Council-Administrator form of government. The City provides a full array of municipal services and general administrative functions. 1. City Council The Eagan City Council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. The Mayor, who presides over the City Council meetings, and all Councilmembers are elected at large for four-year terms. Set forth on the following table is certain information pertaining to the City. NAME TITLE TERM EXPIRES Pat Awada Mayor 12-31-02 Paul Bakken Councilmember 12-31-02 Peggy Carlson Councilmember 12-31-02 Cyndee Fields Councilmember 12-31-04 Meg Tilley Councilmember 12-31-04 10 I 1 2. City Administrator The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and coordination and management of City departments on a daily basis. 3. City Staff The City Administrator implements Council directions through the Department Heads of six (6) City departments. For purposes of this proposal, the primary department shall be Public Works. However, other Department Heads shall act as the project manager and principal liaison to the consultants for projects/work orders initiated by the specific department. a. Public Works Department This Department consists of 53 employees within (3) divisions as shown by the organizational chart attached. (2000 year end.) B. City Statistics 1. Population The City of Eagan is a rapidly growing suburban community of 34 square miles that has increased its population as shown by the following census figures: 1980 20,700 1985 30,456 1990 47,409 2000 63,500 2. Infrastructure The City is responsible for maintaining approximately 228 miles of streets, 310 miles of water main, 262 miles of sanitary sewer (11 lift stations) and 195 miles of storm sewer (20 lift stations). There are more than 1,200 lakes, ponds, and/or wetlands interconnected through a complex storm drainage system. The City's two Gravity Water Filtration Plants (12 and 16 MGD) are supplied by 19 deep wells and support 6 separate reservoirs (18.5 MG) and two booster stations (5k gpm) and numerous pressure reducing stations. All utility operations facilities are interconnected with a System Control and Data Acquisition (SCADA) program. 11 .i. 3. Comprehensive Plans The City has accommodated its growth through periodic updates of the following master plans showing the date of latest revision: • Comprehensive Sewer Policy plan (2000) • Water Supply & Distribution Plan (1996) • Stormwater Management Plan (2000) • Water Quality Management Plan (1990) • Storm Water Utility Policy (1990) • Comprehensive Transportation Study (1999) • Park Systems Plan (1996) • Comprehensive Land Use Guide (2000) 4. 5-Year Capital Improvement Program (CIP) The City Council has adopted a 5-Year ('01-'05) CIP with the following major components: Streets (local and county reconstruct) $37,000,000 Utilities (trunk facilities) $10,000,000 &CONSULTING ENG. SERVICES/SOQ Document 12 d 1