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07/05/2001 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 5, 2001 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES ~~3 B. PERSONNEL ITEMS P ~,SC. APPROVE New Licenses and License Renewals / ~ D. APPROVE Temporary On-Sale Liquor License for Faithful Shepherd Catholic School and waive fees. ~~~ E. APPROVE Purchase Agreement for Lot 6, Block 1 of Langhoven Addition p F. APPROVE Final Subdivision -Ecolab Addition, Ecolab, Inc. / 3~ G. ADOPT Findings of Fact for Denial -Preliminary Subdivision -Kenneth Greene. r~~II. RECEIVE Bids/Award Contract -Contract 01-04, (Central Parkway/Central Park Site -Street, Utilities and Grading Improvements. ~a ~ I. APPROVE Plans /Authorize Advertisement for Bids -Contract 01-14, (July 2000 Storm Mitigation Improvements -Areas 1, 4, 5, 10) J. RECEIVE Bids /Award Contract - Contract 01-12, (July 2000 Storm Mitigation Improvements - Areas 2 and 4). ~a l K. APPROVE Change Order No. 5 -Contract 00-07, (TH 13 Upgrade -Street and Traffic Signal Improvements. ,3 ( L. APPROVE Change Order No. 1 Contract 00-05, (City-Wide TraiUSidewalk Improvements). ~~~ M. APPROVE Footing and Foundation Permit -YMCA Expansion located at 550 Opperman Drive V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS ~~ A. REZONING, PRELIMINARY AND FINAL SUBDIVISION -Pete and Jan Ramstad. A rezoning of approximately 3.5 acres from Agriculture to R-1 Single Family and a Prelimnary and Final Subdivision (Fox Forest Second Addition) to create two lots, located on the west side ~ of Lexington Way in the SE '/, of Section 22. S ~ B. INTERIM USE PERMIT - SMC Compost Service. An Interim Use Permit to allow a compost site on Lot 1, Block 1, Gopher Eagan Industrial Park 3`d Addition and Outlots G, H and I, Gopher Eagan Industrial Park 2°a Addition, located on the north side of Yankee Doodle Road, east of n Mike Collins Drive in the SW '/. of Section 12. C. BLACKHAWK Road Traffic Study/Stop Sign Petition. ~p' D. CONSIDER Study for the Purpose of Determining the Feasibility for Development of a Golf Course. VIII. LEGISLATIVE/IlY1'ERGOVERNMENTAL AFFAIRS UPDATE IX. ADMIl~IISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads B. Storm Update C. Central Park Update /Community Center Project X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT XII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 29, 2001 SUBJECT: AGENDA INFORMATION FOR JULY 5, 2001 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 5, 2001 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 5, 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 19, 2001 regular City Council meeting and the June 19, 2001 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the June 19, 2001 regular City Council meeting are enclosed on pages 3 through ~. • Minutes of the June 19, 2001 Listening Session are enclosed on page ~. f, 1\~NUTES OF AULAR MEETINdY~' THE EAGA~ CITY COUNCII. E>t..1Viinnesota • ,;{'' ••ti••• • ~•1 ~' A regular meeting of the Eagan City Council was held•on Tuesday, June 19, 2001 at 6:30 p.m at the Eagan Municipal Center. Present were Mayor Awada and Councihnembers Bakken, Cazlson, 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, Administrative Specialist Hertel. ~f• Y: 1t Councihnember Bakken moved, Councihnember Tille,~r.~onded ~~ion to approve the agenda as amended. .;:: ;~: Aye: 5 Nay: 0 ~,',E':: ~•• • •~ CONSENT AGENDA A. Minutes. It was recommended 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. B. Personnel Items. 1. It was recommen~dy#;fo a~~Qye the hiring of Brittany Kazels as a 911 Dispatcher. 2. It was recommended to ~prove't1ie~ •hii~g•of~vlatthew Hemmerlin as a part-time seasonal concessions wo~er for Ca~spa~;ir_ 3. It was recommended to t}~'~g'o~'Travis Gunderson and Colleen Myhre as temporary,~o'i~Laiica'I'workers. 4. It was recornmend~t#;tpe4ipiove the hiring of Julie Stumne as a summer tennis director. 5. It was recommended to approve the hiring of Joseph Vogel, Patricia McGarrigle, Chris Kramer, Justin Halbc and Brenda Cacciola as summer tennis instructors. 6. It was recommended to approve the hiring of Megan Driscoll, Sazah Haxton, Ashley Kjos, Julie ~}~~ler,,)Vl J~»~.1G31in Laurent, Travis Laurent, Karen Luchka, Jill Matth~jtq~;~~d:'Si7dy:~dt~ttrume, Jennifer Rummel, Erin Severson and Annti'Ivl~Yfii'~lio eii'as seasonal recreation leaders. ~•.: ~. It was recommended to approve hiring o€:G`•heri Anderson, Nicole Fazlee, Michelle Hanninen, Jessie Hauf, Elliss~.nston, Emily Krinhop, Kristin • Kuklinski, Britanee Pelikan anc~~allory W1 as seasonal recreation assistants. ~ ~~• 8. It was recommended to approve the hiring of Cara Doring as a seasonal arts & crafts specialist. 9. It was recommended to approve the hiring of Judy Forde as a seasonal preschool program instructor. 10. It was recommended to approve the hiring ~gan Thornton and Martha Wilfahrt as seasonal park attendants. Sr: 11. It was recommended to~~Q}rF~,~sjp~.q~}~I}ck Casalenda, Ryan Smolarck, Kellie Grimm and J ~Q;A~>~ maintenance workers. 12. It was recommende~ipl'd3~'tli~•f~ii ring of den Anderson as a seasonal street maintenance worker. }~ ~ ~• ti~ ~ :•. 13. It was recommended to approve the hiring o~~ggh Strandberg, Dan Bjerke, Dale Skogstad and Danny Kriha as seasonal utility maintenance workers. .14. It was recommended to approve the acceptance of the resignation of Planner Robert Kirnus. , 15. It was recommended to approve the acceptance of the resignation of Recreation Leader Mazk Gazber. 16. It was recommended to approve the temporary assignment and compensation adjustment of Building Maintenance Worker Thomas Weber to Cascade Bay. 3 f :~.} "• f Eagan City Council Meeting Minutes ..... .... ..... ~'~ June 19, 2001 V~ •~~~ 5:.. Page 2 :~:. ;;. ~ ~: • 17. It was recom';t¢•i~ttitling of the Assistant Chief Building Official position to a'•Sthlor Inspector position. 18. It was recommended 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. 19. It was reco ~~ od~.tR,~;ove th rhuing of Eugene VanOverbeke as the Director of ~~.. _ C. SUBDMSION GARDENWOOD PONDS •~'S~4>r:~ ~'1tAZA. It was recommended to approve • a resolution approving a Minor Subdivision (Gaz ' 'Wood Por~~'ifth) consisting of two lots for property located south of Wescott Road between Stony Pq~itiytoad anc}~land Court in the NE '/, of Section 23. D. FINAL PLANNED DEVELOPMENT.A~TD.F>l~"Ac'~'~:PLAT (''' SAN SENIOR HOUSING SECOI3D ADDITION) -DAKOTA COUNTY C3#iei::::f#ao'vas i~il~tltieti to approve a Final Planned Development to allow atwo-story, 35,000 square foot office buildin~ aii~'fllree-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 north '/~ of Section 15) and it was recommended to approve a Final Plat (Eagan Senior Housing Second Addition) establishing a 10.4 acre lot upon property currently platted as Outlot A, Eagan Senior Housing Addition. E. FINAL PLAT TOWN CENTRE 1 • ~' T". DITIO - DR. PAUL BECKER, It was recorrunended to approve a Final Plat (Town Centre ltd: • •: iDi~~Op~ establishing a 1.7 acre lot upon property currently platted as Outlot C, Town Centre 100 16 •~r~'~s~Qi:;;:;:;:;::,:,:,•: F. PROJECT 751 DODD ROAD - CLiF'F R~AD TO Bi~iN ROAD 5"rK~E r :AND u1"tLrrY IIvIPROVEMENTS. It was recommended~bapprov~,ib~~$b'S$nd specifications for Contract 01-11 (Dodd Road, Cliff Road to Butwin Road - Street j~i};'$t~~tpptdot:ments) and authorize the advertisement for a bid opening to be held at 11:00 a.mtit~C'•b' ;+; July 12, 2001. G. Removed from Consent Agenda for$epaiate consideration. H. PROJECT 814 DIFFLEY ROAD/JOHNNY CAKE RIDGE ROAD TRAFFIC SIGNAL AGREEMENT. It was recommended to approve a Traffic Control Signal Agreement for Project 814 (Diffley Road/Johnny Cake Ridge Road Intersection - Tray-ic Signal Improvements) with the Dakota County Highway Department and authorize the Mayor and Deputy City Clerk to execute all related documents. I. CONTRACT 99-OS JOHNNY CA•,~,I•, ~ ~,4~Q~A ~~;TSION STREET & UTILITY IMPROVEMENTS. It was reco$:~olo~~:#t}tf:~~ayment for Contract 99-OS (Johnny Cake Ridge Road Extension -Street & Utility Irnproy~erits}•in ftie•amount of $41,557.26 to Ryan Contracting Co~any and accept the improvements for perg¢~fal City riitenance subject to warranty provisions. J. CONTRACT 99-10 WESCOTT ROAD & L GTON NUE TRAFFIC SIGNAL IMPROVEMENTS. It was recommended to a~¢f9ve the f:payment for Contract 99-10 (Wescott Road & Lexington Avenue -Traffic Signal Improvements) in thC:3efiiount of $30,85].77 to Valley Paving, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. CONTRACT 00-04 DUCKWOOD DRIVE STREET IMPROVEMENTS. It was recommended to approve the final payment for Contract 00-04 (Duckwood Drive -Street Improvements) in the amount of $8,602.32 to Valley Paving, Inc., and accept the improvements for perpetual City maintenance subject to =: warranty provisions. • .;.: L. SCHEDULE PUBLIC HEARING TO ESTABLISH CET•GROVE REDEVELOPMENT TAX INCREMENT FINANCING DISC:; ;~1',~k$s•.~~p~pgaaded to schedule a public hearing on Tuesday, August 21, 2001; on the propose?~p}it;dSikZSlnt of the Project Area and the proposed establishment of the Cedaz Grove Redevelopment'~`aic Iricietnent Financing District No. 1 therein and the ado lion of the laps therefore. ~'~ ~"~: . P P ti :~:•:•. M. PROJECT 749 TH 55 SOURTH FRONTAGE ROAD l'~~ L ASSESSMENT ROLL.' It was recommended to 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. N. PROJECT 7848 LOUIS LANE FINAL ASSESSMENT ROLL. It was recommended to receive the Final Assessment Roll for Project 784R (Louis Lane -Street & Utility Improvements) and schedule a public hearing to be held on August 7, 2001. O. LIOUOR LICENSE ADDRESS CHANGE. It was recommended to approve a Liquor License Address Change for Big Top Liquor, 1282 Town Centre Drive to 1284 Town Centre Drive. ~i Eagan City Council Meeting Minutes }~~• ' • • • • ' • " ""`''~ ' ~:~: si June 19, 2001 Y:: tii:. {_,, .;.. Page 3 x:~;, ,... , P. ACCEPT RESIGNATION OF ARC_COb~1~3~R CLARK AND AUTHORIZE ADVERTISING FOR REPLACEMENT. It was i~~0'manended to accept the resignation of ARC Commissioner John Clark and to authorize staff to recruit replacement applicants for the Aizport Relations Commission seat. Q. LICENSE RENEWALS. It was recommended to approve two Amusement Device License Renewals (Davannis and Eagan 16), one Tree o:g~ico,D3,C1:~Ciardelli Tree & Landscaping) and one Service Station License Renewal (Y c~ii ~~:;;::: R. LOT 3. BLOCK 1 UNISYS PARK ADDTTIONb1RTHW~~: AIRLINESI EASEMENT VACATION It was recommended to approve the vacation of ~• ~lic draina~t~nd utility easements within Unisys Park Addition and authorize the Mayor and Deputy,.,lerk to ate all related documents. S. WASTE HAULER SERVICES. It v~pi,S.Q,Li~:tp:2e staff to seek bids for waste hauling services for public properties. ''v'~•• • • • '~: ~~ T. APPROVE SPECIAL PERMIT APPLICATION -ITALIAN PIE SHOPPE. It was recommended to approve the permit application for the Italian Pie Shoppe to sell beer outside their dining establishment on July 4, 2001, subject to the following conditions: a. Al] beverage containers must be paper or plastic. b: The serving azea must be c~lned and the boundaries cleazly delineated. c. Consumption must be regu~:j~.rsstricted within the established boundaries. A. Six residents expressed concerns anc~•,aalc~~i~§~pgs:~if'~Iie Council and staff. Their concerns focused primarily on the notification procesS;.pi;4pc+~ changes since the Apri12001 meetings and expectations for easement acquisitions and project ci5mpletion timelines. Mayor Awada moved, Councihnember Bakken seconded a motion 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. or1.T'hursday,.July 12, 2001. Aye: 5 Nay: 0 U•:..•. •.... ..•....... .... COMPREHENSIVE AS~ FIIVAI~#AL REPORT FOR YEAR ENDING~CEMB)~1, 2000 {•:. • S Mr. Dave Hinnenkamp of Kern, DeWenter and Viere, Ltd., made apir~entation of the City of Eagan 2000 Comprehensive Annual Financial Report. He reported that the City is in good financial health. Councihnember Tilley moved, Councilmember Bakken seconded a motion to receive and accept the December 31, 2000 Comprehensive Annual Financial Report. ~~L.;..; 3:~. t~~.•:•'':ti~'.......... PUBLIC HE ~ ~ GS VARIANCES - LEJONGTON AVENUE, TOWN CEA~ttE DRIVE, GEMIIVI ROAD AN NEIL ARMSTRONG BLVD. Senior Planner Ridley provided an overview. Mayor Awada welcomed public comment. There being none, she closed the public hearing and returned the discussion to the Council for discussion or a motion. Councihnember Cazlson moved, Councihnember Bakken seconded a motion to approve the 16-foot building setback variance for 11 I O Town Centre Drive. Aye: 5 Nay: 0 s ~~ Eagan City Council Meeting Minutes # '~~"""' "" """'~~~: June 19, 2001 Y''• ~~:.. Page 4 c" ~: ,. ti ~..::::..:: •':•:•:. ~ :. j~ Councilmember Cazlson moved, Councilmember Ti1Pe'yi j~~iittion to approve the 31-foot building setback variance and 12-foot pazking setback variance for 1101 Town centre Drive. Aye: 5 Nay: 0 Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve the 9-foot building setback variance for 3130 Lexington Avenue South. Aye: 5 Nay: 0 Councilmember Cazlson moved, Councilme'i ti~'e'~1~¢pad~:a to approve the 34-foot building setback variance for 1090 Gemini Road. Aye: 5 Nay: 0 ~;:;;:; ~ f Councilmember Cazlson moved, Councilmember Tilleypt,''~, ~'ded a mQ~ to approve the 2-foot pazking setback variance for 3225 Neil Armstrong Blvd. Aye: ~,r;,:}5:;:;;~= sti' :;::::: ::' :~•:.... Councilmember Carlson moved, Councihnember Bakken seconded a motion to approve the 6- to 18-foot parking setback variance for 3255 Neil Armstrong Blvd. Aye: 5 Nay: 0 PROJECT 804, CLEARVIE~:;i~~ON -STORM SEWER IMPROVEMENTS Mayor Awada noted the petitions received both in f~,yor of'~:.the proposed project. One resident addressed the Council and stated that the neighbors were oppoS~ to the prole~t.;:.:: Councilmember Bakken moved, Councihnt Storm Sewer Improvements). Aye: 5 Nay: motion to deny Project 804 (Clearview Addition OLD BUSINESS DESIGN DEVELOPMENT PLANS FQ~C.L;1f~+~D~~~:~i'#~R BUILDING AND CENTRAL PARK By consensus of the Council, Items A and B of Old Busies were co~.cidered as one item. Councihnember Bakken reported the results of the Facilities Design Team meeti>~,:j(pd Bugg that the Council dissolve the committee structure in place for Facilities Design and Site Design ij;ironsolid'¢t!lixhe budgets for the pazk and community center as one budget. Mayor Awada noted that the Part~~'f'Ships Tei~}?o4ould continue to meet, but that the Operations decisions would be brought to the Council as a whole. Councilmember Bakken moved, Councihnember Cazlson seconded a motion to approve the design development plans prepared by the firms of TKDA and Moody-Nolan, Inc., and approve the design development plans prepazed by the firms of Damon Farber Associates and approve the commen~pgent of the plans and specifications phase. Aye: 5 Nay: 0 ' ~'' ~' ' ~1:~ Mayor Awada moved, Councilmember T~',~bF~W:~solve the Facilities Design Team and the Site Design Team in order to return the process'iA'~'COt:Of~1+l.'9~~e and to consolidate the site and community center budgets into one budget. Aye: 5 Nay: 0 } ;._ ORDINANCE AMENDMENT - CHAcp~'ER 5, SECTION 533 One resident expressed concern that this should be publicly noticed on a broad scale. Mr. Ralph Mitchell stated that the language of the amendment was not as broad as the first speaker indicated and noted that the Council will retain discretion over planned developments. ' City Attorney Dougherty clarified the details of the amendment, noted that the 300 foot door-to-door restriction would remain intact, and asked the Council to include in their motion the requisite amendments to all three ordinances, including beer, wine and liquor. 6 ` 1' f •• i ~ ii'~ ii••••• •• Eagan City Council Meeting Minutes ~, • • • • • ' •' ' ~~ June 19, 2001 v: ~ .., Page 5 ~ f;:; . ~ ~. j••r ~ •' Mayor Awada moved, Councihnember Fields seconded a fiidti3n to approve an Ordinance Amendment to City Code Chapter 5 regarding becr, wine and liquor establishments. PLANNED DEVELOPMENT AMENDMENT - WALTER R DEDRICK 1•~~ '• • One resident addressed the Council and stated that the ners weresosed to a restaurant in the former Video Update location. Two business owners addressed the Council and sta~if'4~at they supported the proposal to allow Axel's Restaurant in the vacancy. Ms. Linda Young an~ Charlie meows, owners of Axel's Restaurant, addressed the Council and a lained their ' •• `~' ~~and intentions for the location. xP P..~1~r:4f ~l~`~' Mayor Awada inquired about pazking capacity for the locatio~ni. Senior Planner Ridley responded that when more detailed plans aze brought to the Council, the pazking will need to be adequate for the proposed seating capacity but that such a level of detail was not available at this stage. Councihnember Bakken moved, Councilmergher Tilley seconded a motion to approve a Planned Development Amendment to change the allowable use of ~:~~3 f4~pX retain commercial building from a video rental store to a Class I, sit down restaurant with on sale liquoit b$~~r ~ ; , , located north of Cliff Road and west of Thomas Lake Road (Lot 3, Block 1, Thomas Lake Center) in the $ou$i~v~c,€:Yt'~I;~tion 28. .. ,. City Attorney Dougherty noted that the Council's ct~gp.,lt;i~:,;~i~:~; 2001 regular City Council meeting differed from the APC's conditions. _ ...:.s:'... _ _... _ . Councilarember Bakken amended his motio>1 Io make the amendment subject to the conditions of the City Council at the June S, 2001 regular City Council meeting, which included: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to occupancy of'the building. The amendment was accepted without objection by the City Council. Aye: 5 Nay: 0 z~ :......... .......... .... :; STORM DRAINAGE N)GATIO~:~VIPROVEMENT Director of Public Works Colbert reviewed the status of three idenfil4Cd storm drainage mitigation improvement areas, including the Beaz PathBeaver Dam azea, South Beacon Hill Road and Oakbrooke. Regarding the Bear PathBeaver Dam intersection, five residents spoke in favor of Option #2 as proposed, using a pipe to relieve water from the intersection. Four residents spoke ili;~;/or of Option #1 as proposed, relying on .,..:. emergency overland flow and a retention pond for storage. Conc included loss of trees, safety, frequency of flooding and the timing of the project. All residents favored an u~ement to the system occurring is 2001. Director of Public Works Colbert assurel~t:;itO~Q~tid work to m;n;m;~e the impact to existing trees. Councihnember Bakken stated that the use of Emergency Overland low had been the policy of the Council in previous storm sewer mitigation projects and should be the pref option for Beaver DamBeaz Path. The Mayor and Council expressed concurrence. -. Councilmember Bakken moved, Councihnember Fields seconded a motion to authorize staff to prepaze detailed construction plans and proceed with easement acquisition for the original proposal for the Beaver DamBeaz Path azea'(Area #3). Aye: 5 Nay: 0 Regazding South Beacon Hill Road, one resident addressed the Council with a concern about notification. Councilmember Bakken noted that the expense of the project was quite low to protect so many structures, but that the motion should be contingent on the receipt of state funding. 7 f .. .•rP i i i :•:•: ;~~•; ;, Eagan City Council Meeting Minutes ~: ""' "" r: June 19, 2001 `'~~ {:. Page 6 ~~' ti:::::: ;~;::::: Councilmember Bakken moved, Councihnember Tilley secon~ec~ a motion to authorize the preparation of construction plans and easement acquisitions subject to receipt of funds from the state legislature. Aye: 5 Nay: 0 Regarding Oakbrooke, City Attorney Dougherty reminded the City Council that this area is the subject of current litigation against the City. After a brief discuss:: ~t~c'L~io}c ~Qot~b~ty advised the Council that further discussions should be held in Executive Sessio '~ ._.. _ ...... _ .':~' No action was taken rgazding the Oakbrooke azea storm ~~er mitigahaii''status update. ARC RECOMMENDATION R~t3'~D1NG Misl~~{iRT 150 SOUND INSULATION Assistant City Administrator Verbrugge gave a presentation, noting that the Airport Relations Commission had requested this item be a discussion item for the City Council. Councilemember Cazlson inquired about the details of avigation easements. Assistant City Administrator Verbrugge stated that homeowners may choose to take cone-time payment of $5,000 in exchange for relinquishes .the option to sue the Metropolitan Airports Commission. He noted that the current owner receives the benefit, by~.~bsequent owners aze bound by the easement. Mayor Awada moved, Councihnember Carlson secgnded~a'~cj~yls~~osupport the recommendation of the Airport Relations Commission supporting the 2005 MAC Peiit 150 DNL'~d. ~QSqund Insulation Program Aye: 5 Nay: 0 City Administrator Hedges gave a brief overview. Councihnember Tilley stated that an evaluation should be made after another primary election is held. Mayor Awada stated that she supported the primaries before and still supports primaries. Councilmember Bakken stated that there ~s no compelling reason to elinunate the primaries. Mayor Awada noted that it would be incumbent on t7ie Council to ask staff to put this item back on the agenda if the Council wanted to discuss the matter again in the fut~e; Councihnember Carlson moved, Councilm~fliDer$'~Zdcea73~~ftiption to retain the primary elections. Aye: 5 Nay: 0 NEW~#$INESSf; :~•.. COPS GRANT FOR VALE EDUGtA'tfiON CENTER Councilmember Bakken moved, Councilmember Tilley seconded a motion to accept the "COPS in Schools" program grant in the amount of $125,000 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 Schgpl~istrict No. 191 to perform school liaison services at the VALE Education Center. Aye: 5 Nay: 0 ' "~'~ , ~r:~ PRELIMINARY SUBDT~'~'•@i~tY~~IONAL USE PERMITS AND VARIANCE -FOUR PAWyS:P,F.T RESORT ,: ~' Senior Planner Ridley gave an overview. .. Councih~mber Cazlson moved, Councilmember Fields scconded a motion 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 '/. of Section 19, subject to the following conditions: 1. The developer shall comply with these standazds conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, C1, C2, C4, D1, and E1 .r Eagan City Council Meeting Minutes June 19, 2001 Page 7 2. The property shall be platted. 1.: ..... .... '::::•: :tip: ti':; 5:.. ~. ~ .'~YS y~•..... 3. A declazation 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 pazcel without the City's consent. The City Attorney should prepaze the necessary documents to be signed by the property owner and recorded with the final plat. 4. This development shall be responsibly'~i1~f~fr:l;c~dication in the amount of $7,349.00. 5. Pazk and trails dedications shall be fulfilled throt~a cash de~"i~ration paid at the time of issuance of the building permit. ~ ;:;•: f_;: _ Aye: 5 Nay: 0 Councihnember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to construct a pet kennel with outdoor runs for proposed Lot 1, Block 1, subject to the following conditions: 2. This Conditional Use Permit shlt~t.be recorded at Dakota County within 60 days of approval by the City Council. ;: 3. Use of the outdoor runs shall be allowed~on'i'yaediR.¢:00 a.m and 9:00 p,~n. .. .. 4. The shall be responsible for obtainin~Qie,,.~egsKrdcf~~~icense. 5. All signage shall be subject to ~;J~%C`.d~e~iequirements. 6. Site lighting shall be directed downwazd such that the source of light is not duectly visible from off the site and to rr~m;~e glaze onto the public right-of-way and adjacent property. 7. The final plans shall be revised to provide ten-foot wide.pazking stalls. 8. To comply with the City Code'~fitiidai`ifS;'2~~~=iudt~~CC~~lie trash enclosure shall be constructed of the same block used on the building, and scregg slats i~erted in the chain link gates. 9. Proof of Pazking must be provided. % ; S :•.. S;: Councihnember Bakken moved, Councihnember Tilley seconded a~iitdtion to approve a 20-foot Variance to the required structure setback from a public right-of--way for proposed Lot 1, Block 1. Aye: 5 Nay: 0 Councilmember Bakken moved, Councihnember Fields seconded a motion to approve a Conditional Use Permit for a pylon sign, all on proposed Lot 1, Block 1, subject to the followip~~onditions: 1. This Conditional Use Permit shall be p:~Q;¢gd at Dakota~iSflnty within 60 days of approval by the City Council. #~~'~•• ••: ~:::: •' 2. A sign permit is required prior to erection of the pylon ~::• ti'~ 3. The pylon sign shall not exceed 27 feet in height, and 1 ~~uaze feet in area. 4. The pylon sign shall be set back at least 10 feet from all property lines. 5. Ail other signage shall be subject to City Code requirements. Aye: 5 Nay: 0 9 ~f •• •f •• :::•'•r:•• ~;•' ,, Eagan City Council Meeting Minutes ,~~.•'.'';: ""• "" }. June 19, 2001 "' ~ ~ ~•• Page 8 c f~ • ~f:.• • f f. ti•: PRELIMINARY SUB~¢~ ~~(IVETH GREENE Senior Planner Ridley gave an overview. Mr. Kenneth Greene made a brief presentation to the Council. Mayor Awada inquired if the City Council was legally within its rights to deny the variance and the subsequent subdivision application. City Attorney Dougherty clarified that the subdivision could only be approved if the variance was approved, otherwise the subdivision would be dAq~q~{itf~•~?cc;Flarified that the applicant has the right to subdivide only if the proposal meets City Code, tA3ifi~lr'tfiC~l:~it, absent the approval of the variance. , ;: `;:;:; ~::• Two residents addressed the Council with concerns about:: • • roposal in~~uding the neighbors' understanding that the existing structure would be removed, aesthetic agre for theof the neighborhood's homes, accessory structures and recreational vehicles; the resideil~'f>t~f0'S~ ~bt'tbsK.l~ouncil deny the variance and the subdivision. Mr. Greene responded to the conLieiiis,'•an~ revie<}ie'$istory of the agreements in the surrounding subdivisions. Mayor Awada stated that uniform lots sizes are preferable and consistent with the expectations established by Mr. Greene with the neighbors, the Planning Commission and the City Council in the past. Mayor Awada moved, Councihnember Tille}i~~itiCQ3ii3od,~,motion directing the City Attorney to prepare Findings of Fact for Denial of the Preliminary Subdivision eritl:i:?~.y~ills Third Addition" located south of Woodland Court and east of Wescott Woodlands in the NE'/. pf Sectftilic~~::j~t~o: 5 Nay: 0 ' ;. LOCAL•~~:$I$~~~,it~'~:EVY OPTION City Administrator Hedges gave an overviewand noted that the levy amount could be reduced after certification to the county, but could not be increased after certification. Councihnember Tilley moved, Mayor Awada seconded a motion to approve a preliminary local transit tax levy option for taxes payable in 2002 in the amolult Rf $3,209:019.00. Aye: 5 Nay: 0 CONSULTING~1'Q~'f1VELl~1~~$#~3~ES SCHEDULE Mayor Awada moved, Councihnember Tilley seconded~~iotion torove the process and authorize the solicitation of Qualifications for consulting engineering ices. A 5 Nay: 0 •~.•.. ORDINANCE AMENDMENT -CHAPTER 5, SECTIOIV`~':D2 (LIQUOR SALES VIOLATIONS) Councihnember Tilley stated that stricter fines Should be established as a possible partial solution to the problem of the sale of alcohol to minors. Councihnember Carlson stated that the City may choose to suspend the licenses of facilities that do not comply. •~; :: ~'~:: ~•'~"• Councilmember Bakken moved, Mayor A~ . ~g,~p~ed a motion fd approve the ordinance amendment for Chapter 5, Section 5.02) and to approve the same ;~yggdS~l:;aio'~$~Qifile and administrative procedures as contained in the Tobbacco Sales Violation Procedur d~a~t'~ ~iDi,}tC:~4:l~iey' 1 (Councihnember Tilley opposed, cited preference for stricter penalties as reason for voting against the tibW) ~:~ ORDINANCE AMENDMENT -CHAPTER 6, SECTIO~1'~-~4 (TOBACCO SALES VIOLATIONS) Councih:nember Bakken moved, Councihnember Fields seconded a motion to approve the ordinance amendment for Chapter 6, Section 6.34, of the City Code regarding tobacco sales license violations. Aye: 4 Nay: 1 (Couucihnember Tilley opposed, cited preference for stricter penalties as reason for voting against the motion.) ADMINISTRATIVE AGENDA /O Eagan City Council Meeting Minutes ,; . June 19, 2001 Y ''~ Page 9 ~~ .;~:'' .s:~i~ ~ =::::~:::.•.:: ~ .:: Councilmember Bakken moved, Councihnember Fie~s;~ypldt~;a:~btion to retain the services of Wilson Development for the voluntary acquisition of properties in Project 800, Project 812 and Project 838. Aye: 4 Nay: 0 (Councilmember Carlson not present) VI~I'~Q~.S,TO BE HEARD One business owner spoke and requested the assi'slaiic~~titP.~i~~.`ity~~i,viding directional signage at an intersection impacted by the TH 13 upgrade. The Mayor and Council~}$'i~ted sta~;•ftd•.'~irovide signage or work with MNDoT to provide signage. ~;~~ •,•:::• The meeting adjourned at 12:20 a.m :~ Date Deputy City Clerk If you need these minutes in an alternative form sur~~s large priRt,,~~q~tle, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 551:(t;~}~.¢~~.~ll#;:~T'DD phone: (651) 454-8535). The City of Eagan is committed to the polic~~j,'••ci'e'Ei'jiersons have equal access to its programs, services, activities, facilities and employment without regard to face, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. r~ {~:.. }:~b :}r :: :::......... 'r,;• // f '. Minutes of a City Council Listenin .~~~s~bi • "" ""'•'•~~' June 19, 2001 ~~• ~'::. Page 1 of 1 ~ ~; f••• .:•: • MINUTES OF A CIT'~i)<.T~1CII,,'~NING SESSION TUESD,~,~~~~fy~b01 5:30 p:IVf:• EAGAN MUNICIPAL CENTER COMMUNITY ROOM Present: Mayor Awada, Councilme~A~.~'l~st~, Fields and Tilley, City Administrator Hedges, Director of ?Da>~Chief Building Official 1.•.• ~.. ~ U•.; . Schoeppner, Chief of Police Therkelsen, Adstrati~ecialist Hertel; Administrative Intem Lord. ~,;,~ .,:::• .,. r;:;:;::; f:; Ms. Loretta Schultz of Healing To#~3sopr:ywellness Massage Center was present and addressed the Council. She requestedtfiat the Council consider amending the City Code to allow off-site massage therapy to accommodate demand for special events and within the business community. The Council directed staff to place the item on an upcoming Council agenda to consider amending the ordinance to allow off-site massage therapy permits. Their direction wed also finding means to ensure that massage therapists are required to be prope~~;#~~$ and regulated, and to consider a limited off-site permitting process for special eyei'rfe:~:uncil further directed that staff review the action taken by comparable;~ties regal'~~.o~f--site massage therapy and provide additional background on the ~hkQi#t;A~~Eagan's~current position on . :.•:. massage therapy. _ _ .. _ . _ , , , Mr. Gary Crawford addressed the Council and stated that he often noticed unsightly maintenance problems around the city and suggested the creation of an incentive program for employees and/or residents wTio report matters of concern within the community. City Administrator Hedges offeze~d.tpat,;J,;;tlg,~estion box might be established on the webpage for residents to submitij:; .•._ • ... Ms. Lois Daniels addressed the City Coun~with a (kern about snow storage and subsequent water runoff as a result of Coc~~ola's sv storage in the 2000-2001 winter season. Director of Public Works clarifie~'~fiat ther$:~no City ordinance regulating c.~• . snow storage. Councihnember Bakken suggested the City send Coca-Cola a friendly "heads-up" letter regarding the snow storage from the past winter. The Listening Se$sion concluded at 6:00 p.m. ~': s •: '~'• '•'r Mira McGarvey, Deputy City er' '~'~ •"""" ""•• Date ~•:•.:: If you need these minutes in an alternative form such as large:~ifint, Braille, audio tapes, efc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-0600, (T'DD phone: 651-454-8535). The City of Eagan is committed to the policythat 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. /~ Agenda Information Memo July 5, 2001 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Ice Skating Instructors/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Amy Nelson and Jill Mintz aspart-time seasonal ice skating instructors at the Civic Arena. Item 2. Seasonal Forestry Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Mark Marchio as a seasonal forestry technician. Item 3. Part-time Seasonal Recreation Assistants-- ACTION TO BE CONSIDERED: To approve the hiring of Katie Nelson, Nicholas Johnson, William Denet, Nicholas Gonzalez and Adekunle Samuel as part-time seasonal recreation assistants. Item 4. Part-time Seasonal Camp Director -- ACTION TO BE CONSIDERED: To approve the hiring of Robert Sadek as a part-time seasonal camp director. Item 5. Seasonal Street Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Eric Hansen as a seasonal street maintenance worker. Item 6. Part-time Seasonal Puppet Wagon Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Bret Hemmerlen and Ramon Brook aspart-time seasonal puppet wagon workers. Item 7. Seasonal Utility Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Lindsay Dahl as a seasonal utility intern. /3 Agenda Information Memo July 5, 2001 Eagan City Council Meeting Item 8. Part-time Seasonal Lifeguard/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Erik Maland as a part-time seasonal lifeguazd at Cascade Bay. Item 9. Part-time Seasonal Operations & Maintenance Worker/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Brent Tervola as a part-time seasonal operations & maintenance worker at Cascade Bay. Item 10. Part-time Seasonal Concessions Worker/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Thom Rehwaldt as a part-time seasonal concessions worker at Cascade Bay. Item 11. Part-time Seasonal Guest Services Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Benjamin Huonder as a part-time seasonal guest services worker at Cascade Bay. Item 12. Senior Building Inspector-- ACTION TO BE CONSIDERED: To approve the appointment of Craig Novaczyk as a senior building inspector. Item 13. Compensation Plan/IT Staff-- ACTION TO BE CONSIDERED: To approve the placement of the regulaz Information Technology employees on the same compensation step schedule as all other non-collective bazgaining employees. Item 14. Resignation/Combination Building Inspector-- ACTION TO BE CONSIDERED: To accept the resignation of Combination Building Inspector Greive. /y Agenda Information Memo July 5, 2001, Eagan City Council CONSENT AGENDA C. APPROVE NEW LICENSES AND LICENSE RENEWALS ACTION TO BE CONSIDERED: To approve a new Tobacco License for Sam's Club; a Massage Establishment License Renewal for Lifetime Fitness and Neuromuscular Connection; and Service Station License Renewal for a Mobil station at 4206 Nicols Road and a Mobil station at 2000 Rahncliff Road. To approve an Exempt Permit for the Eagan Foundation for a raffle to be held at 2526 Horizon Drive, Burnsville, MN FACTS: The application forms have been received and deemed in order by staff. ATTACHMENT: - A list of the applicants is attached aspage ~b - A copy the application to sell tobacco products by Sam's West, Inc. is attached without page number. - A copy of the application by the Eagan Foundation for a Lawful Gambling Permit is attached without page number. /S 2001 NEW TOBACCO LICENSES Sam's Club 3035 Denmazk Avenue Eagan, MN 2001 MASSAGE ESTABLISHMENT LICENSE RENEWALS Lifetime Fitness 1565 Thomas Center Drive Eagan, MN EXEMPT PERMIT APPLICATION Eagan Foundation 1960 Cliff Lake Road Eagan, MN 2001 SERVICE STATION LICENSE RENEWALS Mobil Mobil 4206 Nicols Road 2000 Rahncliff Road Eagan, MN Eagan, MN 2001/2002 MASSAGE THERAPY ESTABLISHMENT RENEWALS Neuromusculaz Connection 4580 Scott Trail Eagan, MN /6 Agenda Information Memo July 5, 2001, Eagan City Council CONSENT AGENDA D. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL AND WAIVE FEES ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive fees. FACTS: - The event is a golf tournament and dinner, which is being held to raise money for the school. - The application form has been received and deemed in order by staff. /~ Agenda Information Memo July 5, 2001, Eagan City Council CONSENT AGENDA E. APPROVE PURCHASE AGREEMENT FOR LOT 6, BLOCK 1 OF LANGHOVEN ADDITION ACTION TO BE CONSIDERED: To approve the purchase agreement for purchase of Lot 6, Block 1, Langhoven Addition. FACTS: Lot 6, Block 1 of the Langhoven Addition is a vacant parcel located at the intersection of Beau d' Rue Drive and Gold Trail. The Langhoven Addition is within the Cedar Grove Redevelopment Area. The City Council has previously directed staff to consider acquiring properties where it is financially feasible and in the interests of the redevelopment efforts. The City will consider the costs of the acquisition as a potentially reimbursable expense in the Cedar Grove Redevelopment Tax Increment Financing District. ATTACHMENT: A signed copy of the agreement was not received in time to be included in this packet. It will be included in the Additional Information Memo on Monday, July 2. /8 Agenda Information Memo July 5, 2001, Eagan City Council F. FINAL SUBDIVISION (ECOLAB ADDITION) -ECOLAB, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Ecolab Addition) to create two lots on approximately 19.7 acres of land currently described as Lot 1, Block 3, Eagandale Center Industrial Park No. 3 and is located south of Lone Oak Road and west of Lunar Lane in the north %2 of Section 11. FACTS: • The Council approved the preliminary subdivision on March 20, 2001. • All necessary documents are expected to be in order by July 2, 2001. ATTACHMENTS: Final Plat, pageo~ /9 x e ~ '~ ~ ~ ,~~ i I )!Ff i V ~ ~~ ~ O b ~ ~~ ~ ~~ ~~ Q m Q m ~ i ?~ Q Ll.l ~ ~ ~ t W~ l j ~!r ~ _ } i ~[ f ~ ~ a ~ i ~~~,~ ~_ ~~~~~ ~ .~ ~~~~• ,: E ~~ # ~ ~i i g ~~ ~ ~ ><~ s :_ ~ i~ ~€ ~ l~ p, Y ~~ ~ Ys ~ ii is 9 ~a~€~ ~ r js i jj • ~S f~ ~~ i a it i t !< E i s' 0 ;~ s f~ f F ~ t S _: F ~t i~ ~~ II ~ j bb .~ ~~ ~ ~ M i ~ ~~ I ~s ~ ~j ~ sl ~~ 1 . ~ ~ ~~ i a: ~ ,~ _~ ~ ~~a ~~ ~.~ ~ ;~~ ~~ ~ ~ ~~ ~~ {j ,s A ~j: ~i d ~; ~~ ` ~~ _~ ~ _: b ~s ~ f ~~ i ~~ ~{. s, € ~~ ~~ ~~~ ~Y~ ~~~ 8~8=~ Y~/ ~~t ~f c ~~~ ~~# i ~~~ ,~ ~ {;~~ ~~F ~~_~ ~rC 1~~~ l~^~~ i~ ~ti# ~~ ~~ I 3 t ~~ ~ ~ I ~ f~ ~ ~: s~ 3 ~~ g I ~~ ~~ ~: ~~ != ~~ L¢ 66i j~ s ij E ~~ Z l aa~~~ i s [~ s s i ~ ~ rsp ~ ~S I _~ _j ~• ~f ~~ ~f h, ~; . ~•~~ '' :. ~~ a q .~. ~ ~ "> $ ~~ awe rr ft~ 3C+~ i C r~/ w G~ I~~ ~ t6 I ~ •---_ r i ~ ~ '~ ~ r+. ~ ~ ~ i .;_~~~~ t ~ • ~ ~ + ~ r ~ a ~ __~_.-____J t= L_ ~__1_.___ ~ ~~ , r 1 Qi•L6r AI. /0,0/.QS I ,~ N ~. ~~~ ^!~ F- Ip~~ <` C I ~~~ ~ f ~) .. .~ :~ a~ \~ n .~ L~ ~ ~ a ~ w~ ~~ E ~ ~g ~ ~ a e i VJ sg ~_ =~ ~~ ~ _ ~ ~ ^ YY ~ b~~ ~ ~$P FF ~~~ ~ ^t ~~ ~~ 8 X ~~ :~ ~ ~~ o ._ ~.; a ~ v O m 0 :K ~ i T _.~. q ~T. /ao/.aw l~; rr; m~ ~; :, .~ ~~ c~ r Agenda Information Memo July 5, 2001 Eagan City Council Meeting G. ADOPT OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - PRELIMINARY SUBDIVISON (Verdant Hills Third Addition ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial of the Preliminary Subdivision (Verdant Hills Third Addition) located south of Woodland Court and east of Wescott Woodlands in the NE'/4 of Section 14. FACTS: • At its regular meeting of June 19, 2001, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Preliminary Subdivision (Verdant Hills Third Addition) by Ken Greene to be considered at the July 5, 2001 regular Council meeting. BACKGROUND/ATTACHMENTS: (1) Findings of Fact, Conclusions & Resolution of Denial, page ~ through a~ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Kenneth Greene for a Preliminary Subdivision and a Variance to the Side Yard Setback Requirements FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan City Council at its meeting of June 19, 2001. The Council received and considered the May 17, 2001, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on May 22, 2001; evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. Kenneth Greene ("Applicant") at the public hearing held by the Advisory Planning Commission and at the meeting of the City Council on June 19, 2001. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Kenneth Greene (the "Applicant") for a Preliminary Subdivision and Variance is properly brought before the Eagan City Council. 2. The Applicant is the owner of an existing 32,365 square foot single-family residential lot platted as Lot 1, Block 1, Verdant Hills Second Addition (the "Property"). 3. The Applicant desires to subdivide the Property into two residential lots; Lot 1 to consist of 20,205 square feet and Lot 2, to consist of 12,160 square feet as depicted on Exhibit "A" attached hereto (the "Project"). ~~ 4. Section 11.20, Subd. 6(A) of the City Code requires aten-foot side yazd setback of a dwelling unit from a lot line in the R-1, Single-family zone. 5. Proposed Lot 1 contains an existing residential structure which would be located less than ten feet from the proposed common boundary line between Lots 1 and 2. 6. The Property was the subject of two prior subdivisions, the last occurring in July of 2000, as a minor subdivision, splitting the west 90 feet from the Property. At the time of the July 2000 approval, the Applicant informed the Council of his intention to remove the existing dwelling on the Property and to create two additional lots, the expectation being stated that three equally sized parcels would be created. 7. Proposed Lot 2 would be substantially smaller than any lots developed by the Applicant. 8. The Advisory Planning Commission recommended approval of the Preliminary Subdivision. 9. The Advisory Planning Commission recommended denial of the Variance to the side yard setback, Chair Heyl noting that the hazdship to support the need for the Variance is self-created. 10. Chapter 13 of the City Code regulating subdivisions requires that any subdivision approval must find: a) That the proposed subdivision complies with the applicable code provisions; and b) That the design of the subdivision is suitable for the proposed density of development. CONCLUSIONS 1. Approval of the Project would allow a dwelling structure to be less than ten feet from the lot line created by the Applicant. ~3 2. The Project would result in the creation of a violation of the City's ordinances governing R-1 zoning districts. 3. The width of Lot 2 is contrary to the previous expressed statements made by the Applicant in support of eazlier subdivision proposals. 4. The size and width of proposed Lot 2 does not conform to the neighborhood as established by the Applicant in the previous subdivisions. 5. The need for the Variance is due to the Applicant's own creation and not due to matters unique to the Property. 6. The grant of a Vaziance would alter the chazacter of the neighborhood. 7. The Project would not better adapt itself to the physical and aesthetic setting of the Property and would not benefit the community at large. 8. By the greater weight of the record, and the information presented, it is hereby determined by the City Council of the City of Eagan that approval of the Project is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Preliminary Subdivision, to be known as Verdant Hills Third Addition, and a Variance to the side yazd setback requirement in the R-1 zoning district is hereby denied. Dated at Eagan, Minnesota this day of , 2001. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Mira McGarvey Its: Deputy Clerk ate r Agenda Information Memo July 5, 2001 Eagan City Council Meeting H. CONTRACT 01-04. CENTRAL PARKWAY/ CENTRAL PARK SITE STREET. UTILITIES & GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract O 1-04 (Central Parkway/ Central Park Site -Street, Utilities & Grading Improvements), award the contract to C.S. McCrossan, Inc. for the bid (Bid Total No. 2) in the amount of $2,136,473 and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • On January 16, 2001, the City Council authorized the street and utility improvements for Central Parkway (City Project No. 790R) from Yankee Doodle Road to Pilot Knob Road. • On March 6, 2001, the Central Park Site grading and utility project (City Project No. 803) was authorized by the City Council with approval of the Central Park Master Site Plan. • Project 790R and Project 803 have been combined under one contract to achieve economies of scale in the bidding process and earthwork balance purposes. • On April 17, 2001, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 01-04. • At 10:30 a.m. on June 28, formal bids were received for this project. Two separate bid totals were received for the construction of Central Parkway -Street and Utilities in its entirety (Bid Total No. 1), and also for the construction of Central Parkway - Street and Utilities from the planned Community Center entrance to Pilot Knob Road only, deleting the portion of Central Parkway from Yankee Doodle Road to the Community Center entrance (Bid Total No 2). Bid Total No. 2 was necessary due to the uncertainty of the City's acquisition of the right-of--way required to construct the Central Parkway segment from Yankee Doodle Road to the entrance. Both bid totals include the site grading and utilities for Central Park/Community Center. A copy of the bid tabulation is enclosed. • To date, the right-of--way needed to construct the portion of Central Parkway from Yankee Doodle Road to the Community Center entrance has not been acquired. Therefore, the bid award should be based on Bid Total No. 2. • If the required right-of--way is acquired during the life of this contract, the remaining Central Parkway construction will attempt to be added by change order at the bid unit prices set forth in Bid Total No. 1. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. Bid Total No. 2 from C.S. McCrossan, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page. as 0629.2001 11:17_FA~i 7631752429 SRF CONSULTING GROUP BID SUMMARY CENTRAL PARKWAY, NORTH'~'OOD PARKWAY Al\'D COMMUTTITY CENTER CITY PROr~.CT Nos. 79oR AND 803 CITY CO1vTItACT NO.Ol-04 JU~'E 28, 200 -10:30 A.M. COl~'TRACTOR TOTAL SID NO. 1 TOTAL BID NO.2 C.S. McCrossan Construction, Inc. $2,609.551.00~'~ $2,136,473.27 Ryan Contracting, Inc. $3,793,269.35~2j $2,834,830.90~2~ Feasibility Report Estimate $2,862,643.00 N/A Engineer's Estimate $3,011,214.70 $2,208,204.20 "'incomplete bid -- missinL unit cyst ~zjIncomplete bid -disregarded Addendum No. 1 1003 a6 Agenda Information Memo July 5, 2001 I. CONTRACT 01-14, JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 01-14 (July 2000 Storm Mitigation Improvements -Areas # 1, 4, 5 & 10) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 2, 2001. FACTS: Contract 01-14 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 superstorm, including Ches Mar Pond Area #10 (Project No. 828 -Pond BP-11), East Thomas Lake Area #10 (Project 829 -Pond BP-8), Sequoia Drive/ Lodgepole Drive Area #5 (Project 830), Evergreen Park Area #5 (Project 831 - Ponds BP-15 and 16), Blackhawk Ponds Area #4 (Project 832 -including maintenance improvements), River Hills Area #1 (Project 838 - Home Acquisition and pond maintenance), and Hilltop Pond Area #5 (maintenance), as outlined and discussed in the Preliminary Design Report (Apri12001). On April 26, 27, and 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. a~ Agenda Information Memo July 5, 2001 Eagan City Council Meeting J. CONTRACT 01-12, JULY 2000 STORM MITIGATION IMPROVEMENTS AREAS 2 & 4 ACTION TO BE CONSIDERED: Receive the bids for Contract 01-12 (July 2000 Storm Mitigation Improvements -Areas 2 & 4), award the contract as referenced in the Additional Information Agenda report, and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • On April 26, 2001, the City Council authorized the July 2000 storm mitigation improvements for Cedar Grove Area #2 (Project No. 815 -Cedar Pond/ Diffley Road, Jade Lane, Carnelian Lane/ Mica Trail, Gabbro TraiU Peridot Path, Peridot Path Park, Pond AP-1), Woodgate Lane Area #4 (Project 820) and Palisade Circle Area # 2 (Project 826), as outlined and discussed in the Preliminary Design Report (Apri12001), under one contract (Contract O 1-12). • On June 5, 2001, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 01-12. • At 10:00 a.m. on Thursday, June 28, formal bids were received for this project. • All bids will have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. Bonestroo, Rosene, Anderlik and Associates and the Engineering Division will have reviewed the various improvement options and alternate bids. A summary of this review will be included in the Additional Information Agenda report, as well as' the low bid reviewed and found to be in order for favorable Council action. ~~ Agenda Information Memo July 5, 2001 K. CONTRACT 00-07, TRUNK HIGHWAY 13 DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve Change Order No. 5 to Contract 00-07 (TH 13Blackhawk Road -Divided Four-Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 00-07 provides for the upgrade of State Trunk Highway 13 to a four-lane divided highway between Silver Bell Road and Yankee Doodle Road and includes the installation of anew traffic control signal at the intersection of TH 13 and Blackhawk Road. • The revision detailed in the change order addresses the addition of labor, equipment and materials necessary to interconnect the traffic signals at Silver Bell Road, Blackhawk Road and Yankee Doodle Road as part of this contract. • City Change Order No. 5 (MnDOT W. O. # 4) addresses the placement of the signal interconnect between Silver Bell Road and Blackhawk Road on the west side of TH 13 in lieu of the east side. It is more desirable for maintenance purposes to have this revised location. • The cost of the additional work is consistent with bid prices for relevant bid items on other projects within the city. • This change order has been reviewed by the Engineering Division and MnDOT and found to be in order for favorable Council action. • The change order provides for an additional cost of $1,154.60 (0.03% of original contract). The associated cost will be the responsibility of MnDOT(50%) and the City's Major Street Fund(50%). ATTACHMENTS: • MnDOT Work Order No. 4, page 3U . a9 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION WORK ORDER N0.4 Contractor: Palda and Sons, Inc. 1462 Dayton Ave. St. Paul, MN 5 5104 Location: From Silver Bell Rd. to 490 m N. of Yankee Doodle Road in Eagan in Dakota County Page 1 of 1 RECEIVED City of Eagan Proj . ~kr ~OBIbj~r~, City of Eagan Contr~• ~`~,T 4 Orp~l~lj S.P. 195-010-04 ti~VHl~ S.P. 1901-137 Mn. Proj . No. E11dt~i~IV~~f~~9~EPARTMENT Contract No. L00235 In accordance with the terms of the contract, you are hereby authorized and instructed to do the work described herein. work to be completed: This Work Order directs the Contractor to furnish labor, equipment and materials and perform the following, but not limited thereto, that will make the signal interconnect system fully operational between the signal systems located at Silver Bell Road, Blackhawk Road and Yankee Doodle Road. The signal interconnect between Silver Bell Road and Blackhawk Road will be placed on the westerly side of T.H. 13 (left of T.H. 13 SBL) in lieu of the planned easterly side of T.H. 13 (right of T.H. 13 NBL). 24.5 meters of 78 mm RSC (Pushed) underneath inplace Seneca Road All work will be in accordance with the Plans, the Special Provisions, Mn/DOT Standard Plates, Mn/DOT Standard Specifications, and as directed by the Engineer. Payment for all work identified in this Work Order will be at the Negotiated Lump Sum Price of $1,154.60. This price includes the above work, credit for the original 78 mm RSC conduit underneath Burgundy Drive, credit for the labor, and the Prime Contractor's Allowance. The estimated cost of this Work Order is $1,154.60. Number of attached sheets: None Effect on Contract Time: Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specifications 1806. Distribution: S.P. 195-010-04 Group No. O1 - 100k The City of Ea//g~~an recommends for approval: gy : ~~„~_ C... Title: CITY ~NGfr~1EeR Accepted by: Palda and Sons, Inc. Date: cc: Resident Office File Date : (o - 1 S' o I ,; Issued by: `J~ - Mn/DOT Date : /~ a ~'/ .... :y~ 30 .,~~. .v,~-f . _ _ .. Agenda Information Memo July 5, 2001 Eagan City Council Meeting L. CONTRACT 00-OS CITYWIDE TRAIL/ SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 00-OS (Citywide TraiU Sidewalk Improvements) and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • Contract 00-OS provided for the new construction and bituminous overlay of various trail segments adjacent to minor and major collector streets throughout the City, in accordance with the City's Master Trail Plan and the 2001-2005 Capital Improvement Program (CIP). • The change order provides for the construction of an additional 10-foot wide trail along the east side of Lexington Avenue (Dakota County Road No. 43) from Wilderness Run Road to Cliff Road (County Road No. 32). This construction is also in accordance with the Master Trail Plan and the 2001-2005 CIP. • The Contractor, Bituminous Roadways, has agreed to perform the additional work with the change order at the same 2000 bid unit prices as similar work was completed under Contract 00-05. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $40,580 (13.0% of original contract. The funding for this additional trail improvement will be provided by the Major Street Fund and Dakota County (45% City, 55% County along County roads). ATTACHMENTS: • Change Order No. 1, pages through,. 3/ ti~~:: S` city of eagan coNTRAcr ~: oo-os PROJECT ~: 785 CHANGE ORDER ~: 1 DATE: Tune 14, 2001 PROJECT NAME: Citywide Trail/Sidewalk Improvements PROTECT DESCRIPTION: The new construction and/or bituminous overlay of various trail segments adjacent to minor or major collector streets throughout the City, in accordance with the City's Master Trail System Plan. CONTRACTOR: Bituminous Roadways, Inc. ENGINEER: City of Ewan 9050 Teffetsan Trail West 3830 Pilot Knob Rd. Inver Grove Heights, MN 55077 Eagan, MN 55122 DESCRIPTION OF CHANGE ORDER WORK: The construction of a new 10 ft wide bituminous trail located on the east side of Lexington Ave. from Wilderness Run Road to Cliff Road. TUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The addition of this change order will complete the trail construction on Lexington Ave. as outlined in the City's Master Trail Plan. It is beneficial to use the existing Citywide Trail/Sidewalk Improvement Contract 00-05 to complete this segment of trail because of time saving and the competitive pricing of the contract DESCRIPTION OF WORK ITEMS: Change Order No. l -Lexington Ave. -Wilderness Run Road to Cliff Road Spec. No. Item Unit Contract Unit Contract Qty. Price Amount 2105.501 Common Excavation C.Y. 700 $ 13.50 $ 9,450.00 2104.501 Remove Concrete Curb and Gutter L.F. 100 $ 5.50 $ 550.00 2531.501 B618 Concrete Curb dL Gutter (Ped Ramp) L.F. 100 $20.00 $2,000.00 2504.602 Adjust Frame d= Ring Casting (Manhole) EA. 3 $300.00 $ 900.00 2211.501 Class 5 Aggregate Base, 100% Crushed TN 900 $ 11.70 $10,530.00 2331.508 2" Bituminous Trail -Type 41 Wear S.Y. 2650 $ 4.00 $10,600.00 2575.505 Sodding -Highland, type lawn S.Y. 1600 $ 2.50 $ 4,000.00 2105.525 Topsoil Borrow (L.V.) C.Y. 150 $ 15.00 $2,250.00 563.601 Traffic Control L.S. 1 $300.00 ~~QQ TOTAL CHANGE ORDER AMOUNT $ 40,580.00 3~ CONTRACT STATUS TIMFICOMPLETION DATE Original Contract: November 1, 2000 Change Order: No. l August 1, 2001 Subtotal of Previous Change Order. This Change Order. New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECOMMEND FOR APP AL• By: z Project Man r By: - ~~ City Department ger City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1-City 2 -Contractor 1-Engineer c:~~rcnv~a~ro~ts~s~a~a~.oo-os +13.0% +13.0% AMOUNT $ 312,549.50 $ 40,580.00 $ 0.00 $ 40,580.00 $ 40,580.00 $ 353,129.50 Jn / r Date: ~! ~ ~ f B ~~ Agenda Information Memo July 5, 2001 Eagan City Council Meeting M. FOOTING AND FOUNDATION PERMIT -YMCA ACTION TO BE CONSIDERED: - To approve a Footing and Foundation Permit prior to recording of a Final Subdivision (YMCA 2"d Addition) located at 550 Opperman Drive in the NE '/4 of Section 13. FACTS: - The YMCA is proposing a building expansion that requires additional property (from West Group) to be added to the west side of the YMCA property. - The YMCA has aPreliminary/Final Subdivision application pending (July 2001 APC - August 2001 CC); however, according to the applicant, the expansion of the daycaze portion off the west side of the building needs to be completed by September 1, 2001. - West Group has acquiesced to the subdivision and footing/foundation permit. ISSUES: Design issues aze being dealt with via the Building Permit process. ATTACHMENTS: (1) Location Map, page 3~ a Eaysn tioa,da.y r Location Ma ~:~~ '~ . ~ ~' ~ L ~ ~ • *- ® ® fi ~ ~ ® ® ~~ ~ r ra~ C i~ r ~ ; ~ ~ •~ g • ~' ~~ }~ ~ i = w ~ { i I~ ~ ~ ~ ~ ~~l I~ sr+ ~• Is e ~ Sub ect Site s ~ wr ` ~~ • s s y • a r a`a • a _, • +. ~ ~ e ~ ~ ~ t ~ • ~ > m t * " s. ' w ~.: .. ~ • a ~ ~ ~ •~ ~ ~ ~ • '' • ~ ~~• '- s 1000 0 1000 2000 Fest Development/Developer: YMCA Application: Footing and Foundation Permit Case No.: IYp Prsp~nid uWq ERli McVlrw t.t. Pnai bow m~P dd povidw ~ u ~ N City of Esgan REFERE CE YSE ON Y FO TNIE MAr If NTENDED w E M ! N N E S 0 T A CeewrWdty MWe~ww1 ONrrp~nt 771s City M En/an and Dnkots County do not Eusrastso the aeeursry of this Infortnntlon ant an not raponNWo for errors a. anlsNons. S Agenda Information Memo July 5, 2001 Eagan City Council Meeting NEW BUSINESS A. REZONING, PRELIMINARY/FINAL SUBDIVISION (FOX FOREST SECOND ADDITION) - RAMSTAD ACTION TO BE CONSIDERED: - To approve a Rezoning of 2.9 acres of land located north of Diffley Road and west of Lexington Way from A, Agriculture to R-1, Residential Single Family. - To approve atwo-lot Preliminary and Final Subdivision (Fox Forest Second Addition) on property located north of Diffley Road and west of Lexington Way in the SE'/4 of Section 22, subject to the conditions listed in the APC Minutes. FACTS: - The rezoning is necessary due to existing lot sizes and the zoning of the land to be combined. - There is no development proposed with these applications. The proposed subdivision will merely allow for a conveyance of land. ISSUES: None ATTACHMENTS: (2) June 26, 2001 APC Minutes, page,3 / . June 12, 2001 staff report, page ,,~~ througl>~~. 36 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA June 26, 2001 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, May 22, 2001 at 6:45 PM, at the Eagan Municipal Center. Present were Chair Heyl, Members Steininger, Hunter, Nosbush and Segal. Also present were Senior Planner Mike Ridley; Planner Pam Dudziak; Assistant Engineer John Gorder; City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Segal moved, Member Nosbush seconded a motion to adopt the Agenda. All voted in favor. May 22, 2001 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Segal moved, Member Nosbush seconded a motion to approve the May 22, 2001 Advisory Planning Commission meeting minutes. All voted in favor VISITORS TO BE HEARD There were no visitors who wished to be heard. PUBLIC HEARINGS REZONING & PRELINIINARY SUBDIVISION -PETE & JAN RAMSTAD Chair Heyl opened the first public hearing of the evening regarding rezoning of approximately 3.5 acres from Agriculture to R-1 Single Family and a Preliminary Subdivision (Fox Forest Second Addition) to create two lots, located on the west side of Lexington Way in the SE '/< of Section 22. Senior Planner Ridley introduced this item and highlighted the information presented in the City staff's planning report dated June 12, 2001. He noted the background and history. Chair Heyl opened the public hearing. There being no public comment Chair Heyl closed the public hearing and fumed discussion back to the Commission. Member Hunter moved, Member Steininger seconded a motion to approve the request for the Reaoning of approximately 3.5 acres from Agriculture to R-1 Single Family located on the west side of Lexington Way in the SE '/. of Section 22. All voted in favor. Member Hunter moved, Member Steininger seconded a motion to approve the Preliminary Subdivision (Fox Forest Second Addition) to create two lots, located on the west side of Lexington Way in the SE '/. of Section 22. All voted in favor. ~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: June 12, 2001 APPLICANT: Pete and Jan Ramstad PROPERTY OWNER: Dale Vogt REQUEST: Rezoning and PreliminarylFinal Subdivision CASE: 22-RZ-07-OS-O1 22-FP-08-OS-Ol HEARING DATE: June 26, 2001 PREPARED BY: Bob Kirmis APPLICATION DATE: June 26, 2001 LOCATION: North of Diffley Road and west of Lexington Way in the SE'/4 of Section 22 COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture and R-1, Single Family Residential SUMMARY OF REQUEST Pete and Jan Ramstad have requested approval of a Rezoning of 2.9 acres of land located north of Diffley Road and west of Lexington Way (in the southeast'/a of Section 22) from A, Agriculture to R-1, Residential Single Family. In conjunction with the Rezoning request, the applicant has also requested simultaneous approval of a Preliminary and Final Subdivision (Fox Forest 2nd Addition) that would relocate a shared boundary of the subject property and an adjacent 2.9 acre parcel. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the City 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. 38 Planning Report -Fox Forest 2°d Addition -Rezoning and Preliminary/Final Subdivision June 26, 2001 Page 2 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: 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 chazacteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention aze 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 similaz burden. I. That the subdivision has been properly planned for possible solaz energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solaz 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 standazds 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 39 Planning Report -Fox Forest 2"d Addition -Rezoning and Preliminary/Final Subdivision June 26, 2001 Page 3 information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject 2.9 acre property and adjacent parcel to the south (included in the Final Plat) are occupied by single family residences. The northerly parcel is unplatted and holds an A, Agricultural zoning designation while the southerly parcel is platted and holds an R-1, Single Family zoning designation. The requested rezoning is being pursued to allow 1.1 acres of the subject parcel to be conveyed to the abutting southerly parcel. Such conveyance is not allowed under the northerly parcel's present A, Agricultural zoning designation that establishes a minimum lot size of 5.0 acres. Both the subject pazcel and adjacent pazcel to the south aze guided LD, Low Density Residential (0-4 units/acre). EXISTING CONDITIONS The subject parcel (proposed to be rezoned) measures 2.9 acres in size and is presently unplatted. A single family residence constructed in 1956 occupies the parcel. The home is presently served by an on-site septic system and municipal water and is accessed from the east via Lexington Way. The southerly parcel (not included in the rezoning request) is likewise occupied by a single family home. The home was constructed in 1999 and is served by both municipal sewer and water. Both the subject property and adjacent parcel to the south are relatively flat and heavily wooded. There are no wetlands on either property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: ~o STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObliQations 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. ~i-~ 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. ff any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10. 1990 Revised: February 2.1993 LTSxS STANOARC.CON FINANCIAL OBLIGATION -Preliminary Subdivision Fox Forest 2nd There aze pay-off balances of special assessments totaling $-649- on the parcels 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 chazges aze proposed. The chazges aze 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 SF .088/Sq Ft 76,384 Sq Ft $6,722 Sanitary sewer trunk(1) SF 925/ Lot 1 Lot 925 TOTAL $7,647 (1) Sanitary sewer is not readily available for this property. Recommend that this connection charge be postponed until sanitary sewer is readily available and property is connecting to the sanitary sewer system. ~s Location Map E•pan Bowtdary ~ sir«t centerline ~2~P•~•I~.• , Bulldlnp FeefprlM ~ ~ / L \ ~.}.~ ~-w....-.rl~ ~ ~3~ ns ~ p Ad E _ i - 0 0 0 a ~o s ~ ~ ' i s a t • o i ' ~ a 1 tf ~ 1 ~ i * ~ y ~ a * ~ a ~. ~ ^ i F + ~ ~' f ' ' b gym.. ~ ~ 1 l+ ~as - / ~~~ ~ ~ 7 9• ~ ' ~ .w ; ~ ~ '~ ~ S ub ect Site o ~+ + .. a• ~ 0 3 + s a t !< •~ ~ ~ ~ ~a ~ + ~' ~ ~ ~ ~ ~ - a + ~~ ~ ~ v ~ -~' a ~ ~ s ~ e v ~' ' 6 ~ ~ ~ ~ 1 - • • 1I • ~ ~~ d ~ 7 ~ ~ 1 ~,,,,. r • + s j . ~ ~ ~ 1 ~ °~ ' s ~ ,~ -•. ~ ~ r ~......~...~.. ,~ s ~ . 1000 0 t000 2000 Fast Development/Developer•. Fox Forest 2nd Addition AppUcatlon: Preliminary Subdivision and Rezoning Case No.: 22-PS- nd 22-RZ O7-Or01 Cit f E _ ~0 PA Yq ERSI AreVMw 7.t. Parwl Ww map data porld.C / uiMy land lurv.Y OaparOnwt and h ~nnt w d ApN 2001. - - ~ TMs wu- tE INTENDED FOR REFERENCE UiE ONLY - N - w e y o agan M / N N E S O T A TM Clty of EsEan end Dakota CeYttty db net o•anuttee tM eeetwety of this Irdionttetlon and an 5 tw.~wNry ewale~maM o'.raren.nt not responsible for ewers or ondsalons. r Current Zoning and Comprehensive Guide Plan Land Use Map Fox Forest 2nd Addition Case No. 22-PS-08-05-01 and 22-RZ-07-05-01 Zoning Map Current Zoning: R-1 Single Family Residential eoo o eoo ~aoo r.n Locati on A A PF D .~ P • i~ R-1 ~ PF PF D PF A R-1 sn Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density Residential (0-4 units/acre) eso a eoo ~aoo r..i D LD L Locati on P QP L P 2 4 ~~ HD LD ei QP 4P p RC OP AP LD P RC~}~ /~ L 1 I ~ ~ N 16eee en etbe Mw~Y e.kefa Gwmb LrN iweY ee~erun.it O~IMN7. - - - :.•ry r~e~.ere .w.e.nw b ub ses. City of Eagan `" E Commun/ty Development Departrnerrt ~ • TNIS MAP IS INTENDED FOR REFERENCE tlsE ONLY 5 TM Gty o1 Ea9sn snd Daketa l.otnty do net ouarantee the aeeuaey et this Intonnatlon. a1r 1olarn / ari , ~~; ~' H + ~ .,t •,` 2~- O O QO _~ O ''~^ lv, O O -LY '{il 'ii f! 1/1 710 Rt Mq Q ~ U a O 4 J xiaa~ V O 0 U Q Z /~' -_`~ ~ `\ ~ ti ~ L---------- ----------------- ` R 0001[t •• ••• ~. a *., - _ •`'r •~ ----------- 5 ------------- SVO•~fi ! +~~~ T ~------ -------------'--'-~ ~I;-r. s~•uo•a~ar.ns. s/1~~~L/r~wn~ ,~ ~~ 1u .. ~, 2 1.. ~= u t a ~ s. C H u / V ,--~~ - .i; ,~t. _ _ 3 - -,~~`t FINAL PLAT - - r,- :r . f I L1i~2I~~IQ ~~I~I~'1~~AI~tO~ 1~,L2I~d0?Id ' 6 6 ,-, ~ r a ~ ra r . ~ z ~ y ` rwrr.rrq ww. .r rA •1 __rrsr/.rf.. 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O :- ,~ m r t7 .~ S~ ....... ~ rr~. ..w 4erw~r ~R =v.rr.ac~.~a 'wti' e.aOr ~ - . ~ 11 O ,f o~ T 2 O ~ a :•s•~:•:::~: ., z ~ $a ::~:r:;:::•::::; ai . ~ , : ~ I r rti I v 8 - I ~ ~ ! _ ! ~ i 1. • 1 3~ ---Y -- _ 1___________ __________ tiG ~~taat __ = ~. ~~ I row a .. _ .. ! !~I .. _ H b .; •. -~.-~1~ I ----_______ _____________~_____-___.~ I 1 ~ ~ ~ .~ ~ i __~ ~ Z O ~ ~ m a° n ~ a ~ . ~° v z' m ~ ; a :CR7N `, - ~ ItiP tr u. a s .r ~.. a m..a •-'~~ ~' Z i '+ ~~ + ~ =~ O O rn y 0 ~- O Planning Report -Fox Forest 2"d Addition -Rezoning and Preliminary/Final Subdivision June 26, 2001 Page 4 North - Single Family Residential; zoned A, Agriculture, guided LD, Low Density Residential (0-4 units/acre) South - Single Family Residential; zoned R-1, Single Family Residential, guided LD, Low Density Residential (0-4 units/acre) East - Eagan Evangelical Covenant Church zoned P, Public Facility/Institutional, guided QP, Public/Quasi Public West - Patrick Eagan Pazk; zoned P, Pazk, guided P, Pazk EVALUATION OF REQUEST Rezoning The requested rezoning from A, Agriculture to R-1, Residential Single Family is consistent with the City's long-term development objectives Comprehensive Guide Plan that directs low density residential use of the subject property. Further, the proposed rezoning would rectify a nonconforming lot area condition as the subject 2.9 acre parcel presently fails to meet the minimum 5 acre area requirement of the A, Agriculture zone. Subdivision Compatibility with Surrounding Area - As previously indicated, the requested R-1, Residential Single Family zoning designation is consistent with the Comprehensive Guide Plan and the long- term land use directives for the area. Lot Requirements -The rezoning of the northerly parcel has been requested to enable the reaz 1.1 acres of the northerly lot to be conveyed to the southerly lot. The following is a summary of present and proposed lot azea conditions: • Present Lot Area Proposed Lot Area North Lot (Proposed Lot 1) 2.9 acres 1.8 acres South Lot (Proposed Lot 2) 2.9 acres 4.0 acres As shown above, both proposed lots exceed the minimum 12,000 squaze foot azea requirement of the R-1 zoning district. No changes in lot widths (as measured at the front setback line) have been proposed. ~i/ Planning Report -Fox Forest 2"a Addition -Rezoning and Preliminary/Final Subdivision June 26, 2001 Page 5 SUMMARY/CONCLUSION Approval of the requested rezoning would rectify anon-conforming lot azea condition, establish Zoning Map and Land Use Plan consistency and allow the proposed lot line adjustment. The proposed subdivision is considered compatible with existing and anticipated uses in the area. ACTION TO BE CONSIDERED A. To recommend approval of a Rezoning of 2.9 acres of land located north of Diffley Road and west of Lexington Way (in the southeast'/a of Section 22) from A, Agriculture to R- 1,Residential Single Family. B. To recommend approval of a Preliminary/Final Subdivision (Fox Forest 2°a Addition) on property located north of Diffley Road and west of Lexington Way (in the southeast'/a of Section 22). If approved, the following conditions should apply: 1. The applicant shall comply with these standazds conditions of plat approval as adopted by Council on February 3, 1993: Al and B1 2. The property owners shall enter into a Final Subdivision Development Contract with the City. Spa Agenda Information Memo July 5, 2001, Eagan City Council B. INTERIM USE PERMIT - SMC COMPOST SERVICES ACTION TO BE CONSIDERED: To approve an Interim Use Permit to allow the continued operation of the existing yard waste and compost facility on Outlots G, H and I, Gopher Eagan Industrial Park 2°d Addition, and Lot 1, Block 1, Gopher Eagan Industrial Park 3`d Addition, located in the S '/z of Section 12, north of Yankee Doodle Road at Elrene Road, subject to the conditions listed in the APC minutes. FACTS: • The compost facility began operating on Outlot I in 1992, and the facility has expanded eastward onto Outlots G and H over the years. The interim use permit was renewed in June 2000 for Outlots G, H, and Ifor aone-year term. At that time, the Council requested that the applicant make plans for relocating off Outlot I. • The applicant is now requesting renewal of the interim use permit for Outlots G, H and I, and expansion to the northeast onto Lot 1. The applicant is requesting athree-year term for the permit, and is proposing to vacate Outlot I by November 30 this year. • The proposal involves relocating windrows off Outlot H and the southern portion of Outlot G to Lot 1, and moving the mulch piles and other finished product from Outlot I to Outlot H. • There has been increased residential development south and east of the facility in recent years. • The Advisory Planning Commission held a public hearing on June 27, 2001, and recommended approval of the Interim Use Permit. ISSUES: • A few residents in the area raised concern during the public hearing, primarily about odors generated by the composting operation. • The applicant indicated that the odors emanate from turning the windrows where the organic matter is decomposing. This proposal will relocate windrows further from the residential areas by removing them from Outlot H and the southern portion of Outlot G to Lot 1. Outlot H would still be utilized for the storage of finished product, which does not generate odor. • The APC requested that the applicant provide a plan showing the proposed new site layout after the relocation of materials within the site. That plan is expected to be available by the time of the Council meeting. • The APC recommended approve of the Interim Use Permit for a term expiring November 30, 2002, rather than July 5, 2004. ATTACHI~~NTS: _ June 27, 2001, APC Minutes, page through Staff Report, pages,'~Shrough 5/ City of Eagan Advisory Planning Commission Meeting June 26, 2001 Page 2 INTERIM USE PERMIT - SMC COMPOST SERVICE Chair Heyl opened the next public hearing of the evening regarding_an Interim Use Permit to allow a compost site on Lot 1, Block 1, Gopher Eagan Industrial Park 3`d Addition and Outlots G, H and I, Gopher Eagan Industrial Park 2°d Addition, located on the north side of Yankee Doodle Road, across from Ekene Road, in the SW '/, of Section 12 Planner Dudziak introduced this item and highlighted the information presented in the City staff's planning report dated June 21, 2001. She noted the background and history. Applicant Robert Friend, discussed the odor created from the tuning of the compost material. Chair Heyl questioned the amount of time needed by the applicant to resolve the odor problem. Mr. Friend stated the odor problem will be resolved in two to three months. Chair Heyl questioned options such as berming and the addition of trees to help maintain the odor for the surrounding residents. Mr. Friend stated additional berming is an option, however the berm would be unattractive and excessive in height. He stated the facility should be less visible once it is moved 500 feet further from the residents. He stated additional trees and vegetation will help maintain the odor and improve aesthetics. Member Nosbush questioned the cause of the odor. Mr. Friend stated the odor is created when the compost is turned. Member Segal questioned the stored material on the lot. Mr. Friend stated only fuvshed material will be stored on the lot closest to the residents. Member Segal questioned the monitoring of the odor. Mr. Friend stated if the odor is detected, processing of the compost is ceased. Member Hunter stated he will abstain from this matter due to a personal conflict. He stated he would like to comment as a member of the public. Three residents spoke of the following concerns: • The severity of the odor. • Homebuyers unaware of smell when purchasing homes. • Beeping noise from vehicles when backing down the hill. • Height of piles exceeding the height of the road. • Distance between compost and houses. • Long term plan of the owner. • Inappropriateness of compost in residential environment. Greg Steininger stated the compost is an important part of the community. He explained if the compost in not in Eagan, the burden of the yard waste will be placed on another city. He further stated that he thinks the compost should be allowed to stay in its current location. Sa City of Eagan Advisory Planning Commission Meeting June 26, 2001 Page 3 Chair Heyl closed the public hearing and fumed the discussion back to the Commission. Chair Heyl questioned the hours of operation and the height of the piles and future plans of the applicant. Mr. Friend stated his hours of operation are 8:00-6:30 Monday through Friday and 1:00-6:30 on Saturdays. He stated the height of the non-finished material piles never exceed regulation height. He stated the compost site will never be full, because the material decomposes into soil and it is then sifted and sold as fmished product. He discussed the possibility of a transfer station in the future and stated he is willing to discuss elements of the business with the public and allow tours of the facility. Member Nosbush questioned the timing of fuming of the compost that creates the odor. Mr. Friend stated the compost is fumed approximately every 4 to 6 weeks. He explained that the decomposition of the grass and leaves creates the odor. Member Segal questioned the applicant's vacation of Outlot I and when the move would begin. Mr. Friend stated he would start the development of the site soon and only fmished product will be stored on outlot H. Member Segal suggested the applicant prepare a detailed plan of the site showing the new location of windrows and product for the City Council. Member Hunter suggested an addition of condition number 9 stating that only finished product will be stored on Outlot H. He further suggested the addition of condition number 10 stating no active composting should occur within 500 feet from Yankee Doodle, south of Windrow Drive. Member Hunter stated the compost is a needed use. He suggested the addition of condition number 11 stating the applicant must present along-term concept plan for the disposal of the yard waste in the City of Eagan prior to application for renewal. He further stated that condition number 1 should be amended, stating the Interim Use Permit shall terminate on November 30, 2002, and on November 30, 2001 for Outlot I. Member Hunter moved, Member Nosbush seconded a motion to approve the request for an Interim Use Permit to allow a compost site on Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition and Outlots G, H and I, Gopher Eagan Industrial Park 2°d Addition, located on the north side of Yankee Doodle Road, east of Mike Collins Drive in the SW '/< of Section 12 subject to the following conditions: All voted in favor. 1. The Interim Use Permit shall terminate on November 30, 2002, and on November 30, 2001 for Outlot I. 2. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit maybe revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. SMC shall vacate Outlot I (City property) not later then November 30, 2001. Vacation of the property shall be in compliance with the lease agreement for the property, including the removal of all stored product from the property. S3 City of Eagan Advisory Planning Commission Meeting June 26, 2001 Page 4 4. SMC is responsible for obtaining and maintaining the appropriate license from Dakota County to operate the facility. 5. The facility is subject to Section 3008 of the Uniform Fire Code with regard to "storage and processing of [materials] in association with yard waste and recycling facilities," and operations shall be in compliance with these provisions at all times. 6. A grading permit is required for the extension of the service drive and preparation of the expansion area on Lot 1. The grading permit must be obtained prior to commencement of any grading activities. 7. SMC shall coordinate any grading of its site with the City and obtain the appropriate approvals prior to commencing work. Any grading onto the adjacent City property shall require prior approval of the City and restoration as detemuned by the City. 8. At the City's request and in cooperation with the City, SMC shall develop and implement a plan for the establishment of a buffer/screen along the west and north boundaries of Lot 1 that may include a fence as well as plant materials. 9. Only fmished product will be stored on Outlot H. 10. No active composting shall occur within 500 feet from Yankee Doodle (south of windrow #5 as shown on the site plan). 11. The applicant must present along-term concept plan for the disposal of the yard waste in the City of Eagan prior to application for renewal. ~5Y PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2001 APPLICANT: SMC Compost Services CASE: 12-IN-O1-OS-O1 HEARING DATE: June 26, 2001 PROPERTY OWNER: City of Eagan APPLICATION DATE: May 16, 2001 Gopher Resource Corp. Gopher Smelting & Refining Co. REQUEST: Interim Use Permit PREPARED BY: Pamela Dudziak LOCATION: 805 Yankee Doodle Rd. and 3365 Hwy. 149 COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: PD, Planned Development I-1, Limited Industrial SUMMARY OF REQUEST SMC Compost Services is requesting an Interim Use Permit to allow the continued operation and expansion of the yard waste and compost facility located at 805 Yankee Doodle Road in the SW %4 of Section 12 and SE'/4 of Section 11. The facility is currently located on Outlots G, H and I, Gopher Eagan Industrial Park 2na Addition. The proposed expansion is to the northeast onto Lot 1, Block 1, Gopher Eagan Industrial Park 3ra Addition (3365 Hwy. 149). Outlot I, the westerly parcel, is owned by the City of Eagan, Outlots G and H are owned by Gopher Smelting and Refining, and Lot 1 is owned by Gopher Resource Corporation. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and ss Planning Report - SMC Compost Services June 26, 2001 Paee 2 B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions: C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended chazacter 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 S6 Planning Report -SMC Compost Services June 26, 2001 Page 3 of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses aze 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 In June of 1992, the Eagan City Council approved an interim use permit to allow a County compost and yard waste facility on Outlot I, Gopher Eagan Industrial Pazk 2°d Addition. A five- year term was established for the interim use permit. With the renewal of that permit in 1997, SMC also received approval to expand the composting operation onto the adjacent parcel, Outlot H, and the interim use permit was issued for both Outlots H and I for a period of three yeazs. In April 1999, SMC received an interim use permit for another expansion of the facility onto Outlot G, which was issued for the same time frame. SMC was granted an Interim Use Permit in June 2000 to continue operating for a period of one- year. At that time the City Council asked SMC to begin planning for the time when they are required to vacate Outlot I. In November 2000, the City Council reviewed SMC's concept of expanding onto Lot 1. SMC has since proceeded to prepare detailed plans for the expansion. EXISTING CONDITIONS The existing facility is located on three parcels north of Yankee Doodle Road at Elrene Road. The topography is such that the compost area is below the grade of Yankee Doodle Road. Natural vegetation and trees buffer the compost area to the north and west. However, the site is open to the south and SMC has landscaped the site along Yankee Doodle Road. There aze townhomes to the southwest of the site. Other surrounding property is vacant and guided and/or zoned for industrial development, however the adjacent parcel to the north is undeveloped and the City is in the process of acquiring it for park development (North Park). As mentioned previously, the City also owns Outlot I and anticipates to develop it as a parking area to support the future park north of the site. The proposed expansion area is the open yard behind the Resource Plastics facility (Lot 1, Block 1, Gopher Eagan Industrial Park 3`~ Addition). This azea is open and contains two existing storm drainage ponds. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant; Zoned I-1, Limited Industrial; Guided IND, Limited Industrial South - Townhomes; Zoned R-3, Residential Townhome; Guided MD, Medium Density Residential S~ Planning Report -SMC Compost Services June 26, 2001 Page 4 Vacant; Zoned PD, Planned Development; Guided IND East - Gopher Smelting and Refining/Resource Plastics; Zoned PD; Guided IND West - Professional Plastics; Zoned I-1; Guided IND EVALUATION OF REQUEST Compatibility with Surrounding_Area -The site is located within an industrial district and the operation appeazs generally compatible with the area. However, there has been increased residential development south of Yankee Doodle Road and west of Elrene Road since the initial interim use permit for this facility was granted in 1992. The facility also has expanded in the yeazs since it was first established. For the past two yeazs, the County inspections of the site have been satisfactory and the City has received no complaints. However, in 2000 and again this year, pursuant to the public notice mailing for this ILTP request, the City received a phone call from a resident south of Yankee Doodle who is opposed to the continued operation of the compost site because of the odors generated by the decomposing material. One odor complaint was reported to the County on June 13, 2001, and the County inspector's report from that complaint is attached. erations -The composting operation potentially can produce odors and noise that may become a nuisance. In the past, SMC has indicated that operations aze conducted to minimize the off-site impact of potential nuisances, and odors are controlled through proper maintenance of the compost materials to prevent the establishment of odor producing bacteria. Noise, produced by the intermittent use of equipment to prepare and maintain the compost materials, has not been a problem in the past. However, objections to the facility have increased in recent years with the completion of Eagan Oaks Townhomes south of Yankee Doodle Road. The primary objection has been odors resulting from the decomposing materials. The City Fire Marshal has indicated that operations have not always been in compliance with the Uniform Fire Code. The Fire Mazshal would like to remind the applicant that the facility is subject to Section 3008 of the Uniform Fire Code with regazd to "storage and processing of [materials] in association with yazd waste and recycling facilities," and operations should be in compliance with these provisions at all times. Term -The appropriate duration of this IUP is a policy matter to be determined by the Advisory Planning Commission and City Council and attached as a condition of the permit. SMC has requested athree-yeaz term for the Interim Use Permit, however, SMC has indicated a willingness to vacate the City property they currently occupy (Outlot I) by November 30, 2001, if so requested by the City. That would allow SMC transition time to prepare the expansion azea on Lot 1. The City originally acquired Outlot I for the purpose of establishing a southern access to North Pazk. Given the projected need for additional athletic/activity fields, acceleration of the development of North Park has recently been discussed. Because SMC now has an option for the S$ Planning Report -SMC Compost Services June 26, 2001 Page 5 use of other property it maybe appropriate to stipulate that Outlot I be vacated and SMC's use of the property discontinued at this time. The vacation of Outlot I should be in compliance with the lease agreement for the Property, including the removal of all stored product. Site Plan -With the relocation and expansion onto Lot 1, SMC proposes to vacate Outlot I and anticipates a November 30, 2001, date for being able to make the transition onto Lot 1 and remove the mulch and other materials from Outlot I. Gradin~/Storm Drainage - A grading permit is required for the extension of the service drive and preparation of the expansion azea on Lot 1. The grading permit must be obtained prior to commencement of any grading activities. Water Quality/Wetlands -The site of this proposal is located southeast of City Pond EP-2, a non-recreational class (Class V Nutrient Trap) waterbody, according to the water quality management plan, that is known as public water wetland #19-136W by the Minnesota DNR. City Pond EP-2 is located in the property designated for future North Park. The proposed expansion of the compost site may result in some additional stonnwater runoff, however, stormwater treatment ponding previously created is adequately sized to accommodate such expanded land use. Furthermore, leachate will likely infiltrate the soil, and stormwater runoff likely will occur only marginally as sheet flow because of the crushed concrete surface below the windrows of composting materials. There are no wetland issues associated with this request. Access/Street Design -Access to the site is provided from Yankee Doodle Road, aligned across from Elrene Road. The driveway is located on Outlot I and is proposed to remain in that location. Access to the expansion area on Lot 1 will be provided via an extension of the existing service drive to the north. Access to the site and unauthorized dumping aze regulated by a gate, which is locked when the facility is closed. The driveway is paved about 200 feet into the property from Yankee Doodle Road. Easements/Ri is of W~/Permits -SMC is responsible for obtaining and maintaining the appropriate license from Dakota County to operate the facility. Tree Preservation -There aze no tree preservation issues associated with this request. Parks and Recreation -There are no issues related to pazk or trail dedication, however there are issues related to compatibility and timing with the City's plans for development of North Park. The proposed area of expansion (Lot 1) is immediately adjacent to the southeast boundary of the future North Park property. The "Overall Plan" sheet submitted by SMC appears to show grading extending onto a comer of the City property. SMC staff has indicated that grading onto s9 Planning Report -SMC Compost Services June 26, 2001 Page 6 City property may not be necessary once the final plans aze developed. In the past, the City has allowed developers to grade onto City property if the result is advantageous to both parties. Developers are then responsible for restoring the site in the manner requested by the City. The odor and appearance of a compost facility are not generally considered to be appropriate in residential areas thereby limiting options for SMC's relocation. Whether or not these factors will become issues for North Park aze unknown at this time. The site plan appeazs to show adequate room for the establishment of a vegetative screen in addition to a fence. The applicant has requested athree-yeaz term for this interim use permit, which would appeaz to provide adequate time for the first phase of the development of North Pazk and an evaluation of the impacts if any of the new compost site on the pazk. SUMMARY/CONCLUSION SMC Compost Services is requesting an Interim Use Permit to allow the continued operation and expansion of the yard waste and compost facility located at 805 Yankee Doodle Road and 3365 Hwy. 149 in the SW '/o of Section 12 and SE %a of Section 11. The initial interim use permit for this facility was issued in 1992 for Outlot I. The expansion onto Outlot H occurred in 1997, and onto Outlot G in 1999. This request includes a further expansion of the facility to the north and east onto Lot 1, with the associated termination of SMC's use of Outlot I. The term of the permit is requested for three yeazs, with the vacation of Outlot I by November 30, 2001. The proposal appears compatible with the City's plans for future pazk development in the azea. SMC will need to coordinate grading and restoration activities with the City and may need to establish a fence and/or vegetative buffer between the facility and the future City park if the City determines that is necessary. One purpose of an interim use permit to allow reevaluation of the appropriateness of a particular use as conditions changes over time. The expansion of the compost facility has coincided with increase residential development in the azea and some residents have complained about odors generated by the facility and objected to its expansion at the time of the last permit renewal and to this application for renewal and expansion. ACTION TO BE CONSIDERED To recommend approval an Interim Use Permit to allow the continued operation and expansion of the yazd waste and compost facility located at 805 Yankee Doodle Road in the SW '/. of Section 12 and SE '/< of Section 11. The affected properties. are legally described as Outlots G, H and I, Gopher Eagan Industrial Pazk 2nd Addition and Lot 1, Block 1, Gopher Eagan Industrial Pazk 3rd Addition. If approved, the following conditions should apply: 1. The Interim Use Permit shall terminate on July 5, 2004, and on November 30, 2001 for Outlot I. 60 Planning Report -SMC Compost Services June 26, 2001 Page 7 2. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. SMC shall vacate Outlot I (City property) not later then November 30, 2001. Vacation of the property shall be in compliance with the lease agreement for the property, including the removal of all stored product from the property. 4. SMC is responsible for obtaining and maintaining the appropriate license from Dakota County to operate the facility. 5. The facility is subject to Section 3008 of the Uniform Fire Code with regard to "storage and processing of [materials] in association with yard waste and recycling facilities," and operations shall be in compliance with these provisions at all times. 6. A grading permit is required for the extension of the service drive and preparation of the expansion area on Lot 1. The grading permit must be obtained prior to commencement of any grading activities. 7. SMC shall coordinate any grading of its site with the City and obtain the appropriate approvals prior to commencing work. Any grading onto the adjacent City property shall require prior approval of the City and restoration as determined by the City. 8. At the City's request and in cooperation with the City, SMC shall develop and implement a plan for the establishment of a buffer/screen along the west and north boundaries of Lot 1 that may include a fence as well as plant materials. 6/ Location Map J ~rr„~lh~rr~\i~~ C E: ~® Z~\ ,~-:; ~= Subject Site 1 ~ A r ®®® ~~ i' .~ j ~, ~ • • ® ~O 7000 0 1000 2000 Fset Developmerrt/Developer: SMC Compost Service Application: Interim Use Permit Case No.: 12-IN-01-05-01 WV Pnp~M ~+-ti0 ERl1 ArcVlrw L1. Peal as ~P drh provW~d N M O.twta ca.Ky land aurrr D~puraia and k eirnnt u a ApN mot. City of Eagan ~ - - w E TNIa MAF la INTENDED FOR REFERENCE UsE ONLY M ! N N E S 0 T A Tha city of Eagan and Dakota Courky de not guarantaa tM accuracy of thls Informal9on and an S ~OpOM"~ Divi1oji'a'r a-"~"-"r not rppensibla tTor anon o- ondaalona. B . Eagan Boundary atraat Ctrntarllna Pargl Ana Building Footprint Current Zoning and Comprehensive Guide Plan snnC Compost Land Use Map Case No. 12-IN-01-05-01 Zoning Map Current Zoning: PD Planned Development goo o Sao yaw a.~ Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial Aso o as ~aa -..~ 1-1 A h1 I-1 Location PD PD p~, ~ ® ~ `~O ® PD PF PD oc LD IND IND Location IND IND B ®® ~~ pp IND IND V_~ N 7w~t1.~ nrWlaiu~ Yy Cny aW. City of Eagan - -~ w E Community Dsvalopmant Department TNIE MAP Is INTEImED FOR REFERENCE 1lsE ONLY s Tha CkY of t~9an and Dakota CoaNy do not yuarant~ tM acaraey of ffiIa IMonnatlon. •-- 0 0 N CD a-~ Q v i i ~~~~ ~ _ ~ z .: ~ ~~ ~~ oii~~l~l~s~ ~ Y i r J ~ ~ ~ t l ~ i ~l W~~CL ~0 .OWN z ~ ~ . ~~ m ~ ,~ ; ~~ ~ ~ i ~ ~.~~ i~ iii ~~ ~ i ~i~i~ i!i!i!i ~i~i i~~,~ :: ~` ~ ~~ i~ ~ _ CJ ` ~, J '~~ d ~ o~ a 60 ~~ s~~g~~ °~ 3 Z3~ ~ F~ ~ ~ 2yl<NO - S ' ~~~~~ ~ ~ ~ /~ ~~ . J ' - `f DETAIL LOT 1 EWlra E s lemma B 6raedmayer >;3z Wescott ~ E.~, l~rsslsa Home Phme 651-454-6147 June 18, 2001 COI~~IIvt[JNITY DEVELOPMENT DEPARTMENT 3830 PILOT KNOB ROAD EAGAN, MN 55122 Regarding: Development name: SMC Compost Service CASE #: 12-IN-O1-OS-O1 Attention of Mira McGarvey -Deputy Clerk; I will be unable to attend the Advisory Planning Commission meeting scheduled for June 26, 2001 so I will take this opportunity to express my thoughts in writing. The constant noise and the occasional odor caused by this type of operation and activity are not proper and fitting for this area. To the south accross Yankee Doodle Road are three townhome associations plus other dwellings and apartments. and to the west and northwest are warehouse/office operations. The noise and odors of this type of operation are not standard, usual, typical or accepted in these types of neighborhoods. The values of all the properties surrounding this type of operation are diminished because of this. Thus I do not feel an interim use permit should be allowed. Sincerely, Jerome B &c Elvis E Grundmayer ~; _RECEIV'" c 0 JUN 2 0 2001 .~~ - Ehrlra E a loromo B 6rnnumayor ssz weaodt square ~~, l~nv ssla,~ Home P6aae 651-434-6147 June 18, 2001 CONIIviUNTTY DEVELOPMENT DEPARTMENT 3830 PILOT KNOB ROAD EAGAN, MN Ss122 Regarding: Development name: SMC Compost Service CASE #: 12-IN-O1-OS-O1 Attention of Mira McGarvey -Deputy Clerk; I will be unable to attend the Advisory Planning Commission meeting scheduled for Tune 26, 2001 so I will take this opportunity to express my thoughts in writing. The constant noise and the occasional odor caused by this type of operation and activity are not proper and fitting for this area. To the south accross Yankee Doodle Road are three townhome associations plus other dwellings and apartments. and to the west and northwest are warehouse/office operations. The noise and odors of this type of operation are not standard, usual, typical or accepted in these types of neighborhoods. The values of all the properties surrounding this type of operation are diminished because of this. Thus I do not feel an interim use permit should be allowed. Sincerely, ~~cv~iu~~r.Ci Jerome B & Elvis E Grundmayer 6~ ~. ~~ - -RECFIVcD JUN 2 0 2G01 Dakots County ® Environmental Management Western Service Center 14955 Galaxle Avenue Apple Valley, MN 55124 (612) 891.701 t Fax (61 Z) 891-7588 a Composing ~acYiit{esl `' ~~abatementll`ransporiat~on ; _~... =aciliry Name and Type: SMG~ ~~~~ ~igf{a ulksr7E Gotit Ps s s' 4ccompanied by: ?hotos/Samples Taken: Yes N G~~3 plot ~ ~ Inspection Date Last Inspection Date Based on an inspection this day, the circled items identify violations that must be corrected by the next routine inspection or such period of time as may be specified in writing on this form. Failure to comply with any time limits for corrections specified in this and other related notices may result in further enforcement action. ~~-PDJtl~~ Ta Dl701~ .. 1 County license required 2 Local MPC,4/pemUepproval 3. Compliance with approved plans 4: Failure to notify Department ohsgniiicant <changes lri operation 5. Compliance with special I'tcense conditions 6. Closure Plan submittaVupdate 7. Compliance with closure plan 8. Cbsurelpostclosure financial assurance 9. Preclosure/operational financial assurance 70. -lnsurartce' 11. License fees 72 lnspecLon;access~-~ ,<~~<'" 13. Duty io riotry _ . .. 14. Signage 16. Access control 7 T. Sanitary facihiies/sheher ' ` 18. Record keepinglsubmittal 79.. 1--ventory Identification ~ ` 20. Interference with other activities 2L Adequate storage , 22. Surface water control '23. t7ther 24. Vegetation establishment 25.'Exempt facTrties ~~' :,:. ... 26. Exempted facility requirements yard waste only 27. Prohitxted waste 28. 72 hour debagging __ __._ _ 29. Failure toprevent anaerobes decompflsftion ~° ...: 30. Surface water treatment '3t. Operationel reports,' ~' .. - ,. 32. Waste description 33. Storage area constnicilori " GoMrc.~iar ~liyM 7a1,~ktttocts~ ~~/~Lo~.~tf~1_T SoctT7li~Ei4-ST' dh ~7fi~ GOklp1 T"i D n T[.Jo G'tr~~1 fL,F.JrIEI.b 1~ 3If~ ~7~,~Lrri°1~JU~ 5~,r4~ ~Jl~~ EfA-D ~tJl i Glt~ l~l A~.~-~t o/35r`-JA~1"ty I~1 ~ • ~~-~,~ ; ~ na 1Z oh( ~~5 G a T~T S ~ ~- r 131 K __ ~~h-r~+ {J o d Do/~ ! 1u T~ ~~ ~~f ~,r~~ ~iGV tY 3s/~ ~ ~t~'1~ ~ ~ 17i:~A E. ~ • GOM l~5 f oDd!{ D~~t'P~p /-f'T i~11'~~~~i~ ~ ~ 1 ~`r ~-l~ ~ `~l~lk~E ~7~ ~c-~E • DJD 1C~F~-~,t1 T'[,1(~]J)~1G, TfflS.MDl~klrkl~,. - 5 ~~~~ .d-~_~ins, ' f,~li trr' ~1r.~.aa~ 131~A-a!J51~ 1~1~~11~ c~~s 3:13GM jt1 ~ _ ~ k1 ~' -115- 5 D i' ~~. ~ 1~t10~ IZ _)- r =acility Representative's Signature Inspector's Signature 1Ll~Q[.y ~-_-(~/ ~~t3..,~~ ' `/ i a June 25, 2001 ~ -~ Mira McGarvey rl~~ 2 5 zfl~~~ ' City of Eagan ,_______ RE: SMC Compost Service Being unable to attend the hearing set for June 26, 2001 at the City Chambers, please present this letter at the hearing. It was my understanding that this firm was given a one year extension of their permit to continue operation and they would then terminate their operation. Evidently there is consideration to the renewing of this permit. We live at 834 Wescott Square which is directly across Yankee Doodle from this operation. We were advised that this was park land and at sometime would be developed as a park area. Due to the occasional offensive smell created with their products it is our wish to oppose any further permits for this operation The smell is usually more noticeable in warm weather and last year I did report this. It only makes sense that this type of operations should not be permitted in the City and certainly not next to residential areas. Please give this your consideration. Respectfully submitted, . istensen unice C r~nse~ ~9 Agenda Information Memo July 5, 2001 C. BLACKHAWK ROAD TRAFFIC STUDY STOP SIGN PETITION ACTION TO BE CONSIDERED: Receive the petition for stop signs and the traffic engineering analysis prepared by the City Engineer for Blackhawk Road, between Diffley Road and Blue Cross Road, and authorize the installation of multiway stop signs at the intersections of Silver Bell Road and Blackhawk Road and Deerwood Drive and Blackhawk Road. FACTS: • City staff received a letter and petition dated August 29, 2000, from Sharon Hanson, 4105 Blackhawk Road, requesting stop signs on Blackhawk Road at the intersections of Silver Bell Road and Deerwood Drive. The letter also included a request for a handicap crossing or stop sign at 4060 Blackhawk Road. • Due to staff efforts with the July 2000 Storm mitigation and potential conflicts between the data collection equipment and snow removal activities, as well as changing road surface conditions during the winter season, traffic data wasn't collected until Spring 2001. • Warrants justifying the installation of stop signs and handicap crossing signs are stipulated in the Minnesota Manual on Uniform Traffic Control Devices. The traffic data collected was compared to the minimum requirements for the requested signs in the manual. • The collected data indicated that warrants were met for the installation of a multiway stop sign at the Silver Bell Road/Blackhawk Road intersection. Minimum criteria for the installation of a multiway stop sign at Deerwood Drive and Blackhawk Road were just barely missed with regards to time, volume and speed. A handicap crossing sign is not justified at the requested location. ISSUES: • The construction of the upgrade of Trunk Highway 13 began in September 2000 and is still underway today. The data for the traffic analysis of Blackhawk Road was collected during the ongoing construction activities on TH 13. It is unknown how much, if any, effect this construction work may have had on traffic patterns on Blackhawk Road. Traffic counts taken for this analysis were comparable to those taken in recent years. ATTACHMENTS: • Petition, pages ~ through ~~ • Traffic Analysis Letter, pages and ~~. ~o Russ Matthys City of Eagan Public Works Dept. Engineering Dept. August 29, 2000 Dear Russ, Attached kindly find our petition for stop signs on Blackhawk Rd., at the intersections of Silverbell Road, and also on Blackhawk Rd., at Deerwood Dr. We have also petitioned for a handicap crossing or stop sign at 4060 Blackhawk Rd. for handicapped individual. I personally want to thank you for your consideration in the above and ask if you have any further questions, please contact me. Looking forvvazd to heazing from you. Sharon R. Hanson 4105 Blackhawk Rd. Eagan, Mn. 651-454-7890 (home) 651-452-7520 (work) G° ~~ ~r r . FOR CITY USE ONLY ~ ~~.~. DATE RECEIVED city of eagan DATE PRESENTED TO COUNCIL - __ APPROVED ^ :_ . DENIED ^ , _ :.- ; PETITION STOP SIGN I/VVe, the undersigned hereby petition the City Council of the City of Eagan to install stop sins on l3LACIC~Awr. ~.. At ;~1~e~~~c5r~~ ~ilirth S~lvcrcbe~~ Rd ~ O~Erv~ooo o~.- c~,~SoT Some lYP~. off! StO~ S~qn or 1~no~eR~ Q~OSSinc~ s~q,n t~-~ L~ p (Q (~ 41 ^CIGhQ~IG 1'td • ST~~ C't- P~~oc C6w~~ J~ 3S w~~l S I/We, request this installation for the following reasons: s t= ~'~~"~~ A 7'7`~v c N ~ ~ 1. ~ r~ ~~ r~ -- 2. }~~~-p ~'l~sc ~f 5 /D~n ~S o,'~ .C3lAc~hAwK- / d ~j F7` OGtf O~~LI~(/~Gi/f1~~ 3. ~~E~~ ~f'IS £ ~~~~'~~ c fv ~N~f/Z (~/~cl<hp~I~ From S~utRB~'~c. ~2wo O.D 4. '~'J'~ 1~ ~/ h ~ ~~ Sco cJ ]~Li E S~E£D i i, ~ ~-~' f~~, C I/V1/e, request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initiall ADDRESS 1. `.=.~~ ~c v r ~ A ~,~ s o ~ S 1.1 LI 1 D 5 'C~~A e~k.. h a,~ 1G ~ ~ 2. ~~IE ~~Sr..~-i ~t~. -4~4z ~L~;~~13~72r2~ lD~.l... 3. ~ 15 '~- ~~ 12c~1,C~ '~' 6 7. s G: Form•8U•~t/S~oDS~pn?N. dot B' I 7~..-~k 6~_ !~~ ~1 ~I~ ~ B N ~ ~ Safety: Because of the extremely high volume of traffic and the s eed ofthe traffic on Blackhawk Rd., safety is a # 1 priority of the undersigned. Because of the high volume of traffic, cars aze actually "bumper to bumper" at various times of the day and night. It has become a virtual impossibility to either walls safely across, bike safely across, or try to enter or exit Blackhawk Rd. with a vehicle, from our driveways, or either of the two intersections named in the petition. There is such a steady flow of traffic one must either wait impatiently for several minutes for a break in traffic, or take an unsafe chance to cross or enter or exit Blackhawk Rd. You hope and pray the next caz coming will have compassion and therefore allow you to cross, enter or exit. Everyday, those of us residing on Blackhawk or using Blackhawk, see all ages of people, ranging from small children trying to get across to the park or to the bike path, to elderly people trying to cross the street to take their daily walk. We have a gentleman who is a homeowner at 4060 Blackhawk Rd. who is confined to a wheel chair. His residence is on the East side of Blackhawk Rd., with his mail box on the West side of the road. Imagine, if you will, sitting, trying to cross this busy, busy, street in a wheelchair. In frustration many of these same people either take an unsafe chance of crossing the street with drivers honking their horns or giving them obscene gestures. Many, many, of the drivers seem to feel we residents have no rights whatsoever. The so-called pazking lane is where the impatient drivers seem to feel it is ok to go azound you on the right, should you be trying and waiting to make a left turn offof Blackhawk. We believe stop signs would space out these vehicles, (instead of bumper to bumper,) and possibly slow the traffic down somewhere close to the speed limit. The 35 mph speed limit needs to be strictly enforced. Ease & safety of getting onto Blackhawk Rd. from our driveways: Many of us residing on Blackhawk Rd., have a difficult time getting out of our driveways, because of the steady, bumper to bumper, flow of traffic. Because of the small residential lots, many of us must try to back out of our driveway, and then enter into the driving lane of the street. Again, slowing this traffic down due to having to stop at a couple of stop signs and allowing the vehicles to get spaced apart would give us a half a chance to enter safely. Ease & safety of entering Blackltawk Rd. from Silverbell Rd. or Deerwood Dr.: With the growing amount of traffic using Silverbell Rd., Deerwood Dr., and Blackhawk Rd., it is extremely difficult to make a turn from one street to another from one of these streets. It is extremely difficult to make a left turn, onto Blackhawk Rd. from either Silverbell Rd. or Deerwood Dr.. It is not unusual to see traffic backed up for a block waiting for someone to try to make a left turn. Summary: The large volume of traffic on Blackhawk Rd. will continue to increase with the signal lights being installed at Highway 13 & Blackhawk Rd. We now have large amounts of semi trucks using this road and feel it will only get worse with the new signal light, with vehicles making their way to 35E and Di$ley. We can think of no other city street in Eagan that has a two (2) mile stretch of road ,with or without the volume of traffic that Blackhawk Rd has, with no stop signs or signal lights. We feel the volume of traffic in itself warrants stop signs at Deerwood and Silverbell Rd. ~-3 A9P r- ' ~;G. , ~~~ ~' . ~. ~~ ~. ~U y~sS g~~,~ ~~ ,.- ,~, . `9 ~ . - - _ ~ ~~~ - 3g Z3 t'~haw K ~~ - -'~ J ~ ~ G~ 3 `~ I ~13~u~~~fhaw/~~D ~~ -~ X37 ~~ - ~('~~~~ :~ ,~ ~C~ ~~ ~! ~ ~ ~ ~G~ ~ ~. ~~~ ~- ~~. ~. S ~ ~~~~ ~~ '~/1~1~ _~ /Lc' , F i ~ ~ ~ ~~„ t ~C'~{~~ ivy ~~ 1 C.~.~ C~ [~ / L ~ . r rJ ~ S I~ U E ^~ ~ 0 ~ra''~ ~~~t.~ ~~vrl __ ~ ~. sL~~- ~ ___ _ _ _ ~' o~~.~.~,. c - G~.~- ~ - -- ~~~~ ~ _ _ ,~ ~~~~ . ~~~ C~~~ S~~icKL.~~ /`f / C~I~I /1 ~ ~~AN So ~/ Gf / C~c~ ~/!f_ l/' L. ~~~ ~j~33~1~~,~~Q~~,~~ ~P~ ~ l~~ Kl,~ ~, ,~ iz~. l~-5 ~~~hc ~~ ~ h. /~~' - - ~~ ~~j ~~~~ 18 3~ - C,~. ~ C~ r~ 30 <<A T-Y;zY,~, ~r K c~ E .C~a ~ -~ ~s r city of eaq~n June 21, 2001 PATRICIA E AWADA Ms. Sharon Hanson ~'t~3"OC 4105 Blackhawk Road Eagan, MN 55122 PAUL' eAtacEN Re: Blackhawk Road 'Traffic Engineering Analysis PEGGY CARLSON CYNDEE FIELDS Dear Shazon: MEG TI1~.Ex This letter is in response to your request for an investigation of the residents' traffic concer4s on ~,~ M~~ Blackhawk Road submitted as a petition in August of 2000. I apologize for the significant amount of time that has passed since your initial request. The information and analysis included with this letter is based upon data collected by the City during the spring of 2001. The petition Tt-~otvtAS HEDGES specifically requested the placement of stop signs on Blackhawk Road at the intersections of Silver Bell Road and Deerwood Drive. It also included a request for a handicap crossing or stop GcyAdrninisaacot sign at 4060 Blackhawk Road. The Engineering Division of the Public Works Department has completed a traffic engineering analysis of Blackhawk Road. The engineering analysis involved a traffic volume count, a speed l~tan;cipa- Center. study, and an accident history analysis. Once this information was obtained, the results were evaluated to determine if corrective traffic improvements aze warranted. Adherence to the 3830 Piioc Knob Road Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD) for stop sign warrants was Eagan, MN 551u-18~~ strictly maintained. I will try to interpret the conclusions of this analysis in the remainder of this letter. Any questions should be addressed to my attention. Phony. 651.681.4600 Fax: 651.681.4612 Traffic Speeds The Minnesota Department of Transportation approved speed limit for the portion of Blackhawk TDD: 651.454.8535 Road between Diflley Road and Highway 13 is 35 miles per hour. Speed limits on public streets within the State of Minnesota are regulated under the authority of the Commissioner of Transportation. The speed limits are determined by the 85'" percentile speed of the road users. Maroc°""'« Fzcility: 85 percent of the vehicles surveyed would travel at this speed or slower. 3501 Coachman Pbinc Speeds on Blackhawk Road were examined during the middle of May 2001. The 85t° percentile Eagan, MN 55tu speed of traffic traveling on the segment of Blackhawk Road near the Deerwood Drive 4300 681 Phony 651 intersection at this time was determined to be 39.8 mph. On the segment near the Silver Bell . . . Road intersection the 85'~ percentile speed of traffic traveling during this time was determined to tax: 651.681.4360 be 41.4 mph. TDD: 651.454.8535 Accident History The accident history includes the period fiom January 1, 1996, to April 30, 2001. During this time period there were ten accidents at each of the two intersections. One of the ten accidents at """"""Y°~"'°D1° perso jury. the intersection of Deerwood Drive and Blackhawk Road involved nal in All of the other accidents, including the ten at Silver Bell Road, strictly involved property damage. According to the MnMUTCD, an accident problem warranting a multiway stop sign installation is indicated by five or more correctible accidents in a 12•month period. These intersections are averaging less than two accidents per yeaz since the beginning of 1996, with a maximum of three THE LONE OAKT1tEE accidents in any 12-month period. The symbol of and growth in out cornmuniry ~L Traffic Volumes The traffic volumes through each of the intersections were monitored during the end of May and first part of June. The volumes of vehicles driving through the intersections in a 24-hour period averaged 472 vehicles per hour at the DeerwoodBlackhawk intersection and 464 vehicles per hour at the Silver Be1UBlackhawk intersection. Volume warrants in the MnMUTCD require minimum volumes of vehicles entering the intersection tom all approaches to average at least 500 vehicles per hour for any eight hours of an average day, except when the 85`~ percentile approach speed of the major street (Blackhawk Road) traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent or 350 vehicles per hour. While the volume warrant narrowly misses the 8-hour minimum for each location at the posted speed limit of 35 mph, the 85t° percentile speed in excess of 40 mph on Blackhawk Road reduces the volume requirement, justifying the multiway stop sign installation at the Silver Bell Road intersection. Handicap Crossing at 4060 Blackhawk Road The guidelines for a handicapped crossing recommend the placement of such signage within two blocks or 1,000 feet of a residential care facility for handicapped persons or any other facility or business establishment generating concentrations of senior citizens or handicapped pedestrians. The MnMUTCD continues by stating that installation should be limited to locations where significant numbers of senior citizens or handicapped pedestrians cross the street. It doesn't appear that these warrants would be met at the requested location. MnMUTCD warrants for a stop sign adjacent to 4060 Blackhawk Road clearly are not met. A part of the review of any traffic analysis includes the evaluation of an "average" day for the segment of street being examined to determine if any atypical external influences may impact the traffic study. The cuaent construction activity on the segment of Highway 13 between Silver Bell Road and Yankee Doodle Road is a possible external influence that may have affected the data collected for this analysis. It is for this reason that I will request the City Council's review of this traffic engineering analysis and the resulting recommendations. I foresee a number of options that the City Council could authorize city staff to pursue, including any of the following: • Install multiway stop signs at Silver Bell RoadBlackhawk Road intersection in accordance with traffic analysis • Install multiway stop signs at Deerwood Drive/Blackhawk Road intersection due to proximity of collected traffic data to MnMUTCD requirements • Request additional traffic study after the completion of the Highway 13 construction (10/O1) prior to any fiuther actions • Request MnDOT speed study to review appropriateness of current speed limit • Do nothing I have scheduled the consideration of this traffic engineering analysis for the Thursday, July S Council meeting. As the lead petitioner and sole contact person for this traffic study, you are the only one being notified of the placement of this item on the July S agenda Sincerely, Cc: Mayor and City Council c/o Thomas L. Hedges, City Administrator ~ ~'- ~ Thomas Colbert, Public Works Director Russ Matthys, P.E. John Gorder, Assistant City Engineer City Engineer Arnie Erhart, Superintendent of Streets O:RM/OU[smea/Bi~cthnrt TMic SadyNrro~ ~~ Agenda Information Memo July 5, 2001 Eagan City Council Meeting D. CONSIDER STUDY AREA FOR GOLF COURSE DEVELOPMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To Direct a study for the purposes of determining the feasibility for a golf course development in central Eagan. FACTS: - The Golf Course Task Force of the City Council is requesting that the City Council direct a study to be conducted for property located in central Eagan for the purposes of determining the feasibility for development of a golf course. - To preserve the integrity of the study, the Golf Course Task Force of the City Council is also requesting that the City Council consider adopting an Interim Ordinance to create a moratorium on all parcels included in the study area. - Adopting the Interim Ordinance will establish a moratorium on development for the properties designated for further study. - Should the Council direct an Interim Ordinance to be brought back for consideration, this can occur at the next regulaz Council meeting. This ordinance amendment (to Chapter 12) does not require a public hearing or review by the Advisory Planning Commission. ATTACHMENTS: (1) General Location Map, page ~. ~~ ~~ ~J City Owned Parcel Building General Location Map Parcel Line ~ Water 0' i I 0~i06i2004 12:59 EA6~N ENG+COM DEU N0.629 D02 5100.00 gar license X NEw ~~~~ Rtnewal CYTY OF EAGAN 3820 PILOT KNOB ROAD 1EAGAN, MN SS122-1$97 APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Applicant Sam's West , Inc . Birthday n/a Resident Addrsss n/a street city state zip Mailin Business ~ddress 702 SW 8th street t, Bentonville, AR 72716-0555 state zip Home Fhone 501/204-2070 Business Phone 501/204-2070 Business name in Eagan where tobacco is to be sold Sam's Club # 4738 Business address in Eagan where tobacco is to be sold 3035 Denmark Avenue , Eagan , MN 55121 TOBACCO PRODUCTS TO BE SOLD: (Check all thef apply) X Cigarettes, cigars and other smoking tobacco X Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for Chewing or smoking X Pipes and. other tobacco related devices X CigareRe papers and wrappers PACKAGIlVG OF TOBACCO PRODUCTS~U~E SOLD: (Check al! that apply} X lndividua] pack or can X Twa or more packs or cans packaged together X FuB cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS: (Check all that apply) Self-service merchandise X Over-the-counter Accessible to store clerk only SEPARATE LICENSES SHALI, BE ISSUED FOA THE SALE OF TOBACCO P'ROIlI)t:'TS AT EACH F]X>irD PLACE OF BT~'SINESS. ' TOBACCO SAY.ES TO ANY PERSON 'CrNDER THE AGE OF EIG>FIT'EEN (IB) YEARS IS UNLAWF[)L AND IS CYROUND FOA SUSPENSION OR REVOCATION OF )INCENSE. I (WE) HEREBY AGREE TO OPERAT>t~ SCJCH )IUSINESS IN ACCORDANCE WITH THE LAWS Off' NIINN>EOSTA AND THE ORDINANCES OF THE CITY OF EAt;AN. T~ FOItEGOII~TC STATEMENTS AR)>; TRUE AND CORR)SCT To TII)F: B&ST O)F iHY KrrovVLEnG>6~ AAA BFrLtEF, DATE 6-11-O1 AUTHORIZER SIGNATURE ~~ ~~~~ _ _ __ _ _ _ David Bulling on ~ x City Council Approvwtl Date Date Issued r Minnesota Lawful Gambling Application for Exempt Permit - LG220 Organization Information Organization name A~n1 ~ou.Np~T1UrJ ~~ For Board Use Only Fee Paid Page 1 of 2 Check No. 10/98 Initials Received _/_/_ Previous lawful gambling exemption number Street City State/Zip Code County I cl to O C ~- t FF L ~ fc~ ~ ID £.~~ S S/22 ~-t~o ~~-- Name of chief executive officer (CEO) of organization Daytime phone number of First name Last name CEO: ~UI.LI~ Sil~No~y~ (012. 20~. ~1 ~l'7 Name of teasurer of organization Daytime phone number of First name Last name treasurer: Type of Nonprofit Organization Check the box that best describes your organization: ^ Fraternal ^ Religious ^ Veteran ~Othernonprofitorganization Check the box that indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status Certificate of Good Standing from the Minnesota Secretary of State's Office ^ A charter showing you are an affiliate of a parent nonprofit organization ^ Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) 252 NaR.~zm.u -~w~~ ,~c.~,~vr~.-~..~ rn1 N S~ 3-37 Address (do not use PO box) City State/Zip Code County oV • ( o Date(s) of acti ity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ^'Bingo [~ Raffles ^'Paddlewheels ^'Pull-Tabs ^'Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative Your name and and your organization's name format (i.e. large print, Braille) upon request. The and address will be public information when information requested on this form (and any received by the Board. All the other information attachments) will be used by the Gambling that you provide will be private data about you Control Board (Board) to determine your until the Board issues your permit. When the qualifications to be involved in lawful gambling Board issues your permit, all of the information activities in Minnesota. You have the right to that you have provided to the Board in, the refuse to supply the information requested; process of applying for your permit will become however, if you refuse to supply this information, public. If the Board does not issue you a permit, the Board may not be able to determine your all the information you have provided in the qualifications and, as a consequence, may refuse process of applying for a permit remains private, to issue you a permit. If you supply the with the exception of your name and your information requested, the Board will be able to organization's name and address which will process your application. remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. r , Application for Exempt Permit - LG220 Organization Name-_______-____-_ Local Unit of Government Acknowledgment (Required by Statute) If the gambling premises is within city limits, the city must sign this application. On behalf of thecity, I acknowledge this application and three options for the city: 1. Approve the application: By taking no action, the city allows the Board to issue a permit after 30 days (60 days for a first class city). 2. Waive the above-noted waiting period: The city allows the Board to issue a permit before 30 days (60 days for a first class city). DOCU- mentationattached. 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Print rtam~ of city: (Signature of city Personnel receiving application) Titl e_-~lin!~,_____. Date__~_/_~ _I / ~ ~ _ Page2of2 10/98 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of thecounty, I acknowledge this application and three options for the county: 1. Approve the application: By taking no action, the county allows the Board to issue a permitafter30days. 2. Waive the above-noted waiting period: The county allows the Board to issue a permit before 30 days. , Documentation attached. 3. Deny the application by passing a resolution within 30 days. Print name of countyL_-_____ (Signature of county personnel receiving application) Title Date----/-----/------ On behalf of thetownship, I acknowledge that the organization is applying for exempted gambling activity within the township limits. A township has no statutory authority to approve or den an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: _-_-____-- __--_-_ (Signature of township official acknowledging application) Title----------------- --- -- ---------- Date-_-/_ /- Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. ~ Chief Executive Officer's signature Name (please print) ~~1 ~ 2 I ~- • Stc~c~~+a, ~~ Date qt°/ a7 / ~~ Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to th Gambling Control Board. ~. i rR~• IMTER1r1Att REUEHUE SERVICE ,• Oiatrict Director ~,' £AGAN FOUNDATION INCORPORATED C/t) MARY S. VUJOVICH SECT 1995 RAHN CLI1=f CT. EAGAN, MN 55122-3371 Dear Sir ar Madan: UEPflRTMEM7 UF• THE TREASURY 1 100 Corir~erce 5t. , Dallas. TX 75Z~t2 Person to Contact: Custor~er Service Division Telephone Nur~ber: 1-800-629-1040 Refer Reply ta: Mail Code 4940 OAt. Date: May 5, 1997 EIN: 41-17@1309 Our records show that the ~~,q~r~,,,,~Q~dation Incartsorat~~ is exer+pt fron federal incor~e Tax under section S01tc)(3) of the Internal Revenue Code. Th1s. exer~ption was granted T,„i.ne 1992 and reMains in .full force and effect. Contritrutions to your organization are deductible in the runner and to the f extent provided by section 1?0 of the code. Wa have classified your organization as one that is not a private foundation within the Meaning of section 505(a) of the Internal Revenue Code because you are an arganizatian described in sections S09t~a>t1) and 170tb)tt)tA)<vi). If We s~sy ba of further aasistnnce, please eantaet the person Whose naMe and telephone nuMber are shown above. Sincerely, Doug Dawson EO Technical Assistor ~- rr