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04/02/2002 - City Council RegularlC- AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING APRII. 2, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE / II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA d~ A. APPROVE MINUTES p B. PERSONNEL ITEMS 9 C. RATIFY Check Registers for March 21, 2002 and March 28, 2002. / ~ D. APPROVE Resolution setting Public Hearing -YMCA of Greater St. Paul Revenue Bonds. /,s E. SCHEDULE Public Hearing for May 7, 2002 for Certification of Delinquent Utilities. /~i F. APPROVE 2002 Commercial Fertilizer License Renewals. / 'f G. APPROVE New Tree Contractor License. ~' H. RECEIVE Bid and Award Contracts for Mobile and Portable Radios for the City-Wide System Upgrade. OZ / I. MODIFY Bid Date, Contract 02-10 (Dodd Road, Diffley Road to Wescott Road- Street & Utility Improvements). J. APPROVE Resolution Requesting Designation of Municipal State Aid Routes. alf K. APPROVE Easement Agreement for Project 751R, Griggs Property (Dodd Road -Street & Utility Improvements). p~sL. APPROVE Easement Agreement for Project 751R, Root Property (Dodd Road -Street & Utility Improvements). ~` M. APPROVE Easement Agreement for Project 751R, Gustafson Property (Dodd Road -Street & Utility Improvements). p1 ~ N. RECEIVE Feasibility Report /Schedule Public Hearing Project 813, (Central Parkway - Streetscaping). a g O. RECEIVE Design Report /Schedule Public Hearing, Project 866, (Cedar Grove - Streetscaping). ~9 P. APPROVE Plans and Authorize Advertisement for Bids for Contract 02-09 (Central Parkway - Street & Utility Flans) Q. RECEIVE Bids and Award Contract for Contract 02-12 (Building Demolition /Removal -Cedar Grove Redevelopment Area). i+• R. APPROVE Trail Construction Agreement with Burnsville & Dakota County for Project 861, Cliff Road (City-wide Trail Improvements). ,3~5. ADOPT Proclamation Proclaiming April 12, 2002 as Burnsville / Eagan Community Television Volunteer Appreciation Day. ~~T. APPROVE Change Order #1 for Eagan Community Center. .37 U. SCHEDULE Public Hearing for May 7, 2002 for certification for clean up at 4391 Garden Trail. 3QV. APPROVE final Subdivision, Oakbrooke 6`s Addition - Pulte Homes V. A 6:30 -PUBLIC HEARINGS ~I1 A. PROJECT 800R, Cedar Grove Access Reconfiguration (Street Intersection Reconfiguration) 8~ B. VACATION of Public Drainage & Utility Easement (Oakbrooke Sa' Addition); and approval of Final Plat, Oakbrooke 7`s Addition -Hedlund Engineering VI. OLD BUSINESS S 7 A. PENALTY HEARING -Suspension of liquor license for Crowne Plaza Hotel. q Sj B. JOINT POWERS AGREEMENT -Eagan Convention and Visitors Bureau -City of Eagan ~ ~ .~ C. ORDINANCE AMENDMENT -City of Eagan. An Ordinance Amendment to Chapter 4.20, Subd. 1 C and Subd. 5 (Placement, erection, maintenance of signs) regarding business signage. VII. NEW BUSINESS // ~ A. WINTER TRAIL MAINTENANCE -Plan Review, 2002-2003. f ~ S B. CONDITIONAL USE PERMIT -Rocco & Dianne Altobelli. A Conditional Use Permit to allow accessory building area in excess of 1,100 square feet on Lot 2, Block 1, Altobelli Addition, located at 1300 Deerwood Drive in the SW '/. of Section 22. / Sd C. CONDITIONAL USE PERMIT -Robert Mueller. A Conditional Use Permit to allow accessory building azea in excess of 1,100 square feet on Lots 13 and 14, Block 1, Safari Estates, located at C 1944 Safari Trail in the SW '/, of Section 32. f ~/ / D. INTERIM USE PERMIT -Max Steininger, Inc. An Interim Use Permit to allow continuation of Q the concrete recycling operation at 670 Yankee Doodle road in the NW /14 of Section 13. 7 7 E. PLANNED DEVELOPMENT AMENDMENT -Magnum Development. A Planned Development Amendment and a Final Planned Development to allow a retail center with a drive-through facility and possible on-sale liquor use on Lot 1, Block 1, Hadler Park, located on ~ the south side of Cliff Road, west of Walgreen's, in the NE '/, of Section 31. p~ ~.~ F. PLANNED DEVELOPMENT AMENDMENT -Colliers Towle R/E. A Planned Development Amendment to amend the signage area on Lot 2, Block 2, Oakview Center, located at 3090 Courthouse Lane in the NW '/< of Section 12. Q~ ~'3 G. PLANNED DEVELOPMENT AMENDMENT - MFC Properties Corporation. A Planned Development Amendment to relocate an existing pylon sign on Lot 1, Block 1, Town Centre 100 Sixth Addition, located at 3420-3450 Denmark Avenue in the NW '/< of Section 15. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. EXECUTIVE SESSION Tl~e 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. * This agenda is subject to change. ;, - ~ ~ 3~- -city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 29, 2002 SUBJECT: AGENDA INFORMATION FOR APRIL 2, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 2, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 2, 2002 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 March 19, 2002 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the Mazch 19, 2002 regulaz City Council meeting aze enclosed on pages through ~. a, MINUTES OF A REGULAR MEETING OF THE • EAGAN CITY COUNCIL :.~p~~yM~pAesott~: A regular meeting of the Eagan Ciei~'~~Eouncil was held on T{l~~day, Mazch 19, 2002 at 6:30 p.m: at the Eagan Municipal Center. Present were Actiidg~Iayor Fields and CgtJRcihnembers Cazlson and Tilley. Mayor Awada arrived at 7:20 p.m and Councihnem';~~kken was absCp;3~'Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Duectoi~i~:}r1sF:~.cxlAc;~;p~~olbert, Pazks and Recreation Director Ken Vraa, City Attorney Mike Dougherty and Interntb~4c;istrator Dianne Lord. f AGENDA City Administrator Hedges asked that discussion regazding the hiring process of a Communications Director be added under the Adtninistrativaci~t:: :.,;. }....... . Acting Mayor Fields moved, Councihnembe~;ley seco a motion to approve the agenda as amended. Aye: 3 Nay: 0 ""' ~:=~; ..:f.. A. Minutes. It was recommended to approve the minutes of the Mazch 4, 2002 regular City Council meeting and the March 4, 2002 Listening Session and the February 12, 2002 Special City Council workshop. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Police Officer Timothy McCarthy. 2. It was recommended to approved tig~.hiring of Kathy Anderson as a part-time seasonal preschool program assistar .. _ ..... _ 3. It was recommended to approve the' oF37Bb$untjer as a part-time seasonal program assistant/concessions. C. Ratify Check Registers. It was recommendp~io ratify~~ib'Cbec~ jegisters dated March 7, 2002 and March 14, 2002 as presented. D. Commercial Fertilizer License Renewal., j~;di8&Spcoitid'e'd fo approve a Commercial Fertilizer License renewal for Fertilawn, 9315 Harriet ~~;~loomington, MN. E. 2002 MACTA Membership RenewaU~ I'f was recommended to approve a budgetary adjustment in the amount of $1,500 for membership in MACTA for BETC. F. Grant Fund of $4.000 for Telecommunications. It was recommended to approve a local programming grant in the amount of $4,000 which effectively amends the 2002 Joint BETC budget for 2002. G. Contract 02-04. It was recommended to receive the bids for Contract 02-04 (Citywide Trail Improvements/Skyline Road Trail Itp~~tlntLC~,~s?v,~3T~.~h~,F.Qntract to Bituminous Roadways, Inc., for the base bid in the amount of $70, 451 ('j}#j8~,'t$~~;~;:ytnd authorize the Mayor and City Clerk to execute all related documents. """ "" H. Contract 02-11. It was recommended to receivo bids forC.R'sttract 02-11 (Dodd Road -Cliff Road to Butwin Road Street & iJtility Improvements), awazd th~:~ijatract to thdale Construction Co., Inc., for the base bid only in the amount of $1,474, 325.30. ;: ~:;: I. Project 868. It was recommended to approve the Scope of it~ces and authorize the Howazd R. Green Company to provide professional services for the procurement of a Design Consultant for Project 868, Coachman Water Treatment Facility (Expansion) and authorize the Mayor and Clerk to execute all related documents. J. Dodd Road (Difflev to Westcott~ No Parking: It was recommended to approve a resolution to prohibit parking on the east side of Dodd Road between Diffley Road and Vf ~y!s;Cott Road, and authorize the Mayor an City Clerk to execute all related documents. K. Silver Bell Road No Pazking. It w~~.ze~gplIIlCP~ed to appf6v~ a resolution to prohibit parking on Silver Bell Road between Kennebec Drive and~aCk~j~?~:i~;B~orize th4 Mayor and City Clerk to execute all related documents: 'r =f ~'~ ~ ~ ~ ~ ~ ~ = ~~:~:~:: ~ =:~: L. Project 814. Difflev Road Traffic Signal Agreement. It w~.Fecommended to approve a Traffic Control Signal Agreement for Project 814, Diffley Road (Traffic Signal ifi~connection -Johnny Cake,Ridge to Blackhawk Road) with the Minnesota Department of Transportation ald~:~akota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. 02-19 02-20 3 Eagan City Council Meeting Minutes March 19, 2002 Page 2 M. Proiect 751R. It was recommended to a~j~ktite~iSeieldGikg~di['rnent for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility ar~;`rail Improvements) jiiq~ the owner of Pazcel 10-69000-030-01 (4940 Dodd Road) and authorize the Mayor an¢,lrity Clerk to execute 811'ielated documents. N. Metro Greenways Grant Application. lt~C;as recommended to•ifove submission of the Metro Greenways Grant offered by the Minnesota Departme'nnjt~=•jytural Resp~f• O. It was recommended to implement the SE Area Study Comprehensive Guide Plan i~e~diiieiit'- P. MVTA Joint Powers A~eemcnt and By-Laws. It was recommended to approve the MVTA Joint Powers Agreement and By-Laws. Q. Pedestrian Crosswalk Safety Grant. It was recommended to authorize the application to the Minnesota Safety Council for a Pedestrian Crosswalk Saf~+:;~~;.;.; , :::,, • •.•, :.:, • • •,• R. ~i'oject 751R. It was recommended to a~s~.r~,:jt~y:~ie~;lment for Project 751R (Dodd Road, Cliff Road to Butwin Road - Sn . _ t, Utility and Trail riivemeiifs~~}th the owners of Pazcel 10-03600-030-28 •(4755 Dodd Road) and authorize the Mayor and CY•Tq'Lt'lerk to ~libCute all related documents. S. Contract 00-07. It was recommended to approve age OrdwE~io. 9 to Contract 00-07 (TH 13Blackhawk Road -Divided Four-Lane Upgrade) aAd~y~}pf}~~e Maygf~jgii City Clerk to execute all related documents. T. Renewal of a Consumption and Displa,~:~~>~~~ "'~:l"ert$~:~ft~ltcs;i'ecommended to approve the renewal of a Consumption and Display (Set-Up) Pefmit applicationfot~And India Restaurant located at 1260 Town Centre Drive. Councihnember Tilley moved, Councihnember Cazlson seconded a motion to approve the Consent Agenda. Aye: 3 Nay: 0 ;yi,C HEARINGS VARIANCE -DUKE REALTY (I?ZtU)pO~'t~~•1, BLOCK 1, EAGAN PRESERVE) ' ;. City Administrator Hedges introduce~;~iS,~tep3:t~$~i;:~r request for a variance to the minimum ten-foot parking stall width to allow nine-foot wid~~~}~S~a$'1Sroposed Lot 1, Block 1, Eagan Preserve located north of Yankee Doodle Road and west of Pilgt.~ib'i~ KiSad. Stnior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. Bob Smith, representing Duke Kealty make a presentation. There being no further public ~t ~~Qfi:~:~A'd~ c3psed the public hearing and turned discussion back to the Council. Councihnember Cfai~~ri:iibt8d:s#~t~i~o #~}ji;3i~s waived the 10 foot requirement in the past. Councihnember Carlson moved, Councih;er Tillo~litconded a motion to approve a Variance to the minimum ten-foot parking stall width to allow nine~ot wide png stalls on proposed Lot 1, Block 1, Eagan Preserve located north of Yankee Doodle Road and:~ii~st of Pilpj:;~ob Road. Aye: 3 Nay: 0 Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a reciprocating pazking agreement to allow parking within Central Pazk. Aye: 3 Nay: 0 OLD BUSIl>S r ~: PA'~~~:~:~3•a~k?rt#,R~CT ELEMENTS •• J ~ • City Administrator Hedges introducea~tlus'ite1~'reg2t$ing a proposed 1-acre plaza that would reflect the significance of those who locally provide public service; polir,~:j~refighters, veterans, etc. Parks and Recreation Duector Vraa presented design plan elements of the propose~.l~iriots Plaza. ' Eagan City Council Meeting Minutes March 19, 2002 Page 3 :r•• Councihnember Cazlson moved, Copi~ember Tille~,t:~~onded a motion to approve project elements to the Patriots Plaza located at Central Paz 150f' ~~~tu:;t~di the condition that the City's role will be limited to utilities and site prepazation costs. A~ s ~~i: ~$~C~~t~: NEW BUSINESS Q~tAAYA~TCE AMENDMENT :;r: City Administrator Hedges discussed lFii?'if~gq~g~ti~iiig ;8~posed ordinance amendment to Chapter 6. entitled "other Business Regulation and Licensing" to.~itify adm~3Sitative fines for tobacco sale violations. ~••'~~. Councihnember~Tilley moved, Councilmglgi~fi.Cazlson;~pnded a motion to approve an ordinance amendment to Chapter 6 entitled "Other ~guF•sdo~:~;3Censing" to clarify administrative fines and penalties for tobacco sale violations. Ayei~~~ ~ 1'7a~: 0 , Mayor Awada arrived at approximately 7:20 p.m. COMPREHENSIVE GUIDE PLAN AMENDMENT (SPECIAL AREA NO.7) City Administrator Hedges intrgi#QZ~g~;ti~i$,item regazding a Comprehensive Guide Plan amendment for Special Area No. 7 Plan, Blue Cross Blue'S$ii~;~;~ota. Senior Planner Ridley gave a staff report. Roger Klepi of Blue Cross Blue Shie1~~CBS) gave a'~re.~entation on the plans for the new BCBS campus. Marie Kodi of SRF Consulting present82i a tr~f~3t%ct was conducted to measure the traffic impacts that the proposed BCBS campus could have gii;;'~{1;ji;~BSs: °She noted that MNDOT's Access Management Plan would not approve a new access po~Y~ oh'TH 13. Through the study, it was determined that currently the intersection at Silver Bell and BlackliaiNtc meet traffic levels acceptable for a traffic signal. Two residents that live on Ashbury Road spoke of their concerns regazding increased traffic on Ashbury Road that would result from BCBS's expansion plans. Three residents that live on B1~+~ty,~vic;3l~deabQut;traffic and safety concerns on Blackhawk Road. Councihnember Cazlson moved, Councihr~m~tierField's'~tconded a motion to direct staff to submit the Comprehensive Guide Plan Amendment for Specia~ea No. 7 n, Blue Cross Blue Shield of Minnesota, to the Metropolitan Council for review and comment loc~tyy#~t Yank~;~oodle Road and Blue Cross Road in the NE '/. of Section 17. Aye: 4 Nay: 0 ;;: Councihnember Cazlson moved, Councihnember Fields~seconded a motion to direct staff to complete a signal justification report (SJR) for the intersections of Blackhawk and Silver Bell Road and Blackhawk and Deerwood. Aye:4 Nay: 0 SITE PLAN REVIEW FOR DRIVING ~ (PARKVIEW GOLF COURSE) ~:~. em azd~ii ~ a site lan for a drivin ran a and service center City Administrator Hedges itt,R~iuc~cl;,thiS )~• ng ~ • •g P 8 g ,• ;.. for Pazkview Golf Course located at 1~'~~ , , • • #~~•~~ $~4F~'~nner Ridley gave a staff report. Applicants Shane Gorman and Todd Geller gave a pr~,zeutation to the Council regarding their plans for a driving range. Two residents that live on Pazkridge Drive voiced their concerns over the proposed driving range. Their concerns included: the aesthetics of a large net/screen, preserving the large willow tree on the property, the need for Eagan City Council Meeting Minutes March 19, 2002 Page 4 additional trees as buffers, and lighting. Th~q~&,~4ii#ii}~i#.;t#i~:}~-ey were not aware of the open house held by Parkview Golf Course to discuss the pro~.p'~3fl41iig•ilitige.°°' •'~ :;:;. Craig Galow, lighting consultant, gx!tf a presentation on the.pioposed lighting for the driving range. Councihnembers held a discussion r~ • ttu .,A~g Council's request, Public Works Director Colbert provided an update on the storm sewer ~irbE~thderway at Parkview. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a Site Plan for the construction of the Parkview Golf Course Driving Range and 860 squaze foot service center with surface parking located at 1310 Cliff Road in the NW '/. of Section 34 subject to the following conditions: Aye: 4 Nay: 0 1. The pazking lot expansion sha)3~L'~{~+~~~:~$;titytiifd side yard setback. 2. A landscaping screen three feet in height i~Ik;~S perce~:~ti opacity shall be installed along Cliff Road' ,,.•: . and the east of the new parking lot abuttin~•the residetieoii# property. 3. The driving range shall close by 10:00 p,~j:~d lights;1 be turned off by 10:30 p.m. , 4. Outdoor speakers shall not be ,audihlR;~,ri'~i~23i3cent ~R~3ential properties. 5. All parking lot lights shall be ~~fo ~~ fogi~•fJa~'and all fixtures shall be shields to reduce glare. 6. A photometric plan shall be submitted with the•biit}d'ing permit application for staff review. 7. Additional trees and landscaping will be included along Cliff Road to serve as a buffer to the neighboring residential property. PROJECT 790R, CENTRAL PARKWAY STREET & UTILITY Il1'IPROVEMENTS City Administrator Hedges intrdi: tl~i8;t;~m regazding Project 790, Central Park street and utility improvements. Public Works Duector Colbert ii~~kgtl~;~att•Hanson of SRF who explained the scope and feasibility of the project. .. Mayor Awada opened the public hearyt~;:~'l~eiq~fi~i~~3ublic comment she closed the public hearing and tamed discussion back to the Council;:• Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the amended Project 790R (Central Parkway -Street and Utility Improvements) and authorize the preparation of detailed final plans and specifications for the remaining portion of the Central Parkway improvements. Aye: 4 Nay: 0 .::X'~~ENDA • DISCUSSION REGARI~JG ACC~~;SORY STRUCTURES Per the direction of the Council at the Mares:#2, 2002;i~ddxk session, City Attorney Dougherty presented an interim accessory structure ordinance. ' •' • = ~;: Councihnember Carlson moved, Councihnember Tilley seconded a motion to implement an interim use ordinance to study accessory structures. Aye: 4 Nay: 0 DISCUSSION REGARDING QUARI~ARK ROAD EASEMENT Councilmembers discussed e~~«l'~ tl~~!erks and Recreation Advisory Commission ~.... regazding Quarry Pazk Road and concii?i~:ys~i~jii~~sfi•,••fic and parkland dedication issues should be reviewed. ' Councilmember Cazlson moved, Councihnember Tirseconded a motion to concur with the Parks and Recreation Advisory Commission recommendation for the Quarry Park Road easement. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes March 19, 2002 Page 5 ..: ::f DISCUSSION REDING LIFT STA~.ON AT OAK CHASE Councihnembers discussed the Park ~~$~7' Commission recommendation regazding the lift station at Oak Chase. 's=:.... Mayor Awada moved, Councilmember Tilley seconded a motion to prepaze and transfer rights of easement to convey the easement for an existing driveway next to the Oak Chase lift station. Aye: 4 Nay: 0 COMMiJNIC1~#~4$~~A~t:~tING PROCESS Mayor Awada stated that she had requested ~:~i8'CUSSion QdiS~e next step in the hiring process for the Communications Director position. ~,,_~~ .: ,~ :.•. Councihnembers and City Admiri~fi'b'it~gdS:iSiaeaSS~~~e process they wish to take in regard to interviewing candidates for the position oft#3"iier`t8t of Coli~ii{~~i{ions. Council duected that the Council's Communications Subcommittee interview the five candidates recommended through the staff's interview process. The Subcommittee will then recommend no less than three candidates to be declared finalists. The finalists v it l then move on to the final interview with the entire City Council. CHARTER COMMISSION Mayor Awada asked Director of l~tidS~~i?~~,$ervices VanOverbeke about the financing of the Chaney Commission. Council duected Dtrector VanOver~efceiit•' ;' ttt!?a. detailed account of the money spent by the ~°~.; . Charter Commission in 2001, as well as an accot<tit of when•each~of xhe Charter Commission's bills were paid. 'AA~r~L)C+'iit~l'IEfiTT The meeting adjourned at 10:3a~f'm.~into an Executive Session to receive direction regarding union negotiations for both Police Officers and Police Sergeants. Date ........... . . . . . ... .... Deputy City Clerk If you need these minutes in an alternative form suc~i'~ large pt;#it~ Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 5512~~;~¢51) 68100, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons h~qual 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. :{•• •. 1 ~. Agenda Information Memo Apri12, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Benjamin Koenke and Bryan Seppamaki as seasonal park maintenance workers. Item 2. Part-time Seasonal Pool Attendants/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Jenna Schardt, Emily Jensen, Taylor Shonka, Blair Smith, Jill Woefel, Lisa Kleinschmidt and Taylor Lamski as part-time seasonal pool attendants for Cascade Bay. Item 3. Resignation/Utility Maintenance Worker-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Paul Wegner, utility maintenance worker. Agenda Information Memo Apri12, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 21, 2002 and March 28, 2002 as presented. ATTACHMENTS: Check registers dated Mazch 21, 2002 and March 28, 2002 aze enclosed without page number. 9 Agenda Information Memo Apri12, 2002 Eagan City Council Meeting D. RESOLUTION SETTING PUBLIC HEARING--YMCA OF GREATER ST. PAUL REVENUE BONDS ACTION TO BE CONSIDERED: To approve the resolution calling for a May 7 public hearing regarding the issuance of revenue bonds for the YMCA of Greater St. Paul under Minnesota Statutes, Chapter 4b2C. FACTS: • The City has been contacted by representatives of the YMCA of Greater St. Paul about issuing revenue bonds under the City's name. The City bears no obligation in such conduit debt issues. The sole responsibility for repayment rests with the YMCA. • The issue represents a refinancing of debt issued through the City in 1995 and 1996, plus additional funds for long-term financing of the childcaze facility built at the Eagan YMCA this past fall. Cun ent low rates will allow the YMCA to realize substantial savings on interest payments by issuing these bonds. • The City issued $2,486,000 in bonds in 1995/96. The proposed issue would be approximately $3,100,000. • The issue will not affect the City's ability to obtain favorable interest rates under the "bank qualified" rules for bond issuances in the current yeaz. • The City's bond counsel, Steve Rosholt, of Faegre & Benson will review the required documents on behalf of the City. ATTACHMENTS: • Enclosed on page ~ is a letter from Gary Senn of the YMCA of Greater St. Paul. • Enclosed on pages and ~ is a copy of the resolution calling for the public hearing. ~v YMCA of C~+eater Saint Paul Assodatioa Office 476 Robert Street North Saint Paul, MN 55101-2278 651-292-4100 fax: 651-292.8121 Yolrenteer General Bawd Donald Gruber Chair/G'VO Conlon J. Bailey * Walter Bailry Michael Barrett ~ Beth Baumann Theodo-e S Blaesing Thomas L. Fobel Paula Groff * J~ ~' Yance Hoesemeyer Kamt Jefferson ~ Michael Johnson Randall J. Krell Richard Manantonio " Paul R Monty Mas:ha Niebuhr " John R Oakland * Thomas K Patterson +~ Clayton Robinson Louise Boothe • Kim soost Brien slaraik Je1Ty ~a* 1~ePh ~ ~ Robert WiOke Richard ?spring * Executive Committee Thomas R Brinrko Pnsiderat/CEO "'` aqua ~°O°e ~s lvsarch 2s, 2002 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota SS 122-1897 Mr. Tom Pepper Chief Financial Officer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Tom and Tom: Thank you for taking the time to meet with us last week in regard to our request that the City of Eagan act as issuer on atax-exempt issue up to 54,000,000 on our behalf. As you know, the YMCA facilities in Eagan that we opened in 1995 house not only athletic facilities but also a child care program. The Y programs at this site have ban extremely populaz, causing us to expand and add facilities in 1996. In response to community need, we expanded the childcare facility ibis past fall. Early childhood care is in very short supply in Eagan so we were happy to be able to meet this need. The City of Eagaa acted as issuer on our previous bonds for this facility: $1,400,000 issued June 22, 1995 and $1,086,000 issued April 4, 199b. The interest rates on these bonds are 6.31% and 6.025% respectively. Because interest rates have fallen so dramatically, we are planning to refund the above issues. Based on a variable rate of about 1.40%, the YMCA would recognize substantial savings on interest payments. We also are looking to finance the costs of the childcare expansion we completed in 2001. The structure we are contemplating for the new issue is a ten-year amortization and the bonds would be secured by a letter of credit from Wells Fargo Bank, N.A. The bonds will be underwritten by Wells Fargo Brokerage Services, LLC and sold on a limited offering basis to qualified investors. I would be happy to answer any questions you may have in regard to this matter or you may call Cyndy Chamberlain-at Wells Fargo at 612-667-8765. Sincerely, Gary enn VP Finance // CITY OF EAGAN, MINNESOTA RESOLUTION NO. CALLING FOR A PUBLIC HEARING REGARDING A FINANCING TO YMCA OF GREATER SAINT PAUL TO FUND THE RENOVATION AND EXPANSION OF A RECREATIONAL FACILITY; GIVING PRELIMINARY APPROVAL TO THE PROPOSED ISSUANCE OF REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 BE IT RESOLVED by the City Council of the City of Eagan (the "City") as follows: Section 1. Recitals. 1.01. Minnesota Statutes, Sections 469.152-469.165, as amended (the "Act"), authorizes the City to issue revenue bonds to finance, in whole or in part, the costs of the acquisition, construction, reconstruction, improvement, betterment, or extension of a project constituting any properties, real or personal, used or useful in connection with a revenue producing enterprise. 1.02. Section 469.154 of the Act requires that no municipality or authority undertake any project authorized by the Act unless its governing body finds that the project furthers the purposes stated in Section 469.152 of the Act, nor until the Commissioner of the Minnesota Department of Trade and Economic Development (the "Department") has approved the project, on the basis of preliminary information the Commissioner requires, as tending to further the purposes and policies of the Act. Prior to submitting an application to the Department requesting approval of a project, the governing body of the municipality or redevelopment agency must conduct a public hearing on the proposal to undertake and finance the project. Notice of the time and place of hearing, and stating the general nature of the project and an estimate of the principal amount of bonds or other obligations to be issued to finance the project, must be published at least once not less than fourteen days nor more than thirty days prior to the date fixed for the hearing, in the official newspaper and a newspaper of general circulation of the municipality or redevelopment agency. The notice must state that a draft copy of the proposed application to the department, together with all attachments and exhibits, shall be available for public inspection following the publication of the notice and shall specify the place and times where and when it will be so available. 1.03. YMCA of Greater Saint Paul, a Minnesota nonprofit corporation (the "Borrower") has proposed that the City issue its revenue bonds or other obligations in one or more series in the approximate principal amount not to exceed $5,000,000 (the "Bonds") to finance a proposed project under the Act. The Borrower is proposing that the City loan the proceeds derived from the sale of the Bonds to the Borrower. The Borrower will apply the proceeds of the loan to finance the costs of an approximately 14,000 square-foot expansion and renovation of the '/~ existing 58,000 square-foot recreation facility located at 550 Opperman Drive in the City (the "Project"). 1.04. Section 147(f) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, require that prior to the issuance of the Bonds, the City Council of the City approve the Bonds after conducting a public hearing thereon. Section 1.150- 2 of the Treasury Regulations, as amended, requires a declaration of intent to reimburse an original expenditure with proceeds of tax-exempt bonds prior to the issuance of such bonds in order to allocate such expenditures to the proceeds of such bonds. Section 2. Public Hearine. 2.01. The City Council of the City shall meet at 6:30 p.m. on Monday, May 7, 2002, to conduct a public hearing with respect to the proposal to issue the Bonds as requested by the Borrower. 2.02. The City Finance Director is directed to authorize the publication of a notice of the hearing in substantially the form attached hereto as Exhibit A in the official newspaper of the City once, at least fourteen days prior to the date of the public hearing. 2.04. The Borrower intends to make expenditures for the Project and the pity and the Borrower intend to reimburse the Borrower for such expenditures from the proceeds of the Bonds. This resolution is intended to constitute a declaration of official intent, for purposes of Section 1.150-2 of the Treasury Regulations, with respect to certain original expenditures made from any sources other than the proceeds of the Bonds, in conjunction with the Project. Approved by the City Council of the City of Eagan this 2nd day of April, 2002. CITY OF EAGAN, MINNESOTA By Mayor Attest: sy City Administrator ' /3 EXHIBIT A CITY OF EAGAN, MINNESOTA NOTICE OF PUBLIC HEARING WITH RESPECT TO A PROJECT DESCRIBED IN MINNESOTA STATUTES, SECTIONS 469.152-469.165, AS AMENDED NOTICE IS HEREBY GIVEN that the City Council of the City of Eagan, Minnesota (the "City") will hold a public hearing on Monday, May 7, 2002, at 6:30 p.m. at the offices of the City at 3830 Pilot Knob Road, to consider a proposal for the issuance of revenue obligations of the City under Minnesota Statutes, Sections 469.152-469.165, as amended (the "Act"), to finance the acquisition, construction and equipping of an approximately 14,000 square-foot expansion and renovation of the existing 58,000 square-foot recreation facility located at 550 Opperman Drive in the City of Eagan, Minnesota (the "Project"), on behalf of YMCA of Greater Saint Paul, a Minnesota nonprofit corporation (the "Borrower"). At the public heating, the City Council will consider adoption of a resolution approving the Project and giving preliminary approval to the issuance of revenue bonds to finance the costs of the Project. The aggregate face amount of revenue bonds proposed to be issued to finance the Project is presently estimated not to exceed $5,000,000. The revenue bonds will be issued by the City and will constitute a limited obligation of the City payable solely from the revenues expressly pledged to the payment thereof, and will not constitute a general or moral obligation of the City and will not be secured by the taxing power of the City or any assets or property of the City except interests in the Project that may be granted to the City in conjunction with this financing. A copy of the proposed application to the Commissioner of the Minnesota Department of Trade and Economic Development for approval of the Project will be on file in the offices of the City at, on and after the date of publication of this notice. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated: [Date of Publication] BY ORDER OF THE CITY OF EAGAN, MINNESOTA NR185-85 (JU) 211781 v.2 /'~ Agenda Information Memo Apri12, 2002 CONSENT AGENDA: E. Schedule Public Hearing -Certification of Delinquent Utility Bills ACTION TO BE CONSIDERED: Schedule Public Hearing for May 7, 2002 for Certification of Delinquent Utility Bills. FACTS: • The City currently has 386 delinquent accounts to be certified. !5 Agenda Information Memo April 2, 2002 CONSENT AGENDA: F. 2002 Commercial Fertilizer License Renewals ACTION TO BE CONSIDERED: Approve 2002 Commercial Fertilizer license Renewals for B & D Lawn and Tree Care and Minnesota Turf Care. FACTS: • The applications for renewal have been reviewed by staff and deemed in order. 1!0 Agenda Information Memo April 2, 2002 CONSENT AGENDA: G. New Tree Contractor License ACTION TO BE CONSIDERED: Approve New Tree Contractor License for B&D Lawn and Tree Care. FACTS: • The application has been reviewed by staff and deemed in order. ATTACHMENT: • A co of the a lication is attached as a e ~ . PY PP P g l~ cl~ or Ea:.n Fee. sss.oo sa30 Pibt Haob Road APPLICATION FoR LICENSE I.jcease ~r~ Ewan, MN SS122-1x97 TREE MAD~ITENANCE CONTRACTOR For IodMdual, partnasbip a eorporatbn w~bo eat, dim, prroe, t~emon ipea7 or fires( d+ees. I, ~~ ~ ~ i ~ ^^ A - ~ ~ ~ iaebJ ~ apptiatioa for a TREE MAWIENANCE CONTRACTOR lkense for the Tear ~ It+om the CJ~ o~ Eajan. OWNER: I n1.1 ~ iu,,,. A . ~u~ ~ ADDRESS: S~~o 3 sY ~~ ~c `y PAONE/ ~ s33--gg33 (street) C'Ms~~ ~ /yl~ S~yaq _ ' (dty) (state) tip) ~: ~ ~ D ~,..n, ~r-~.7,~ ADDRESS: .5~~--e, ~oNE i biz 6~6-333 Cam (street) S~ ~..~, (dty) (state) Wp) EMPLOYEES/ PERFORMIIVG TREE MAWiENANnCE: Q (first) (middle) (fast) Name: (Arst) (middle) past) Name: (Mst) (oiddk) past) N~ (Arst) (mWdk) (last) (ATTACH ADDITIONAL NAMES) VEFDCLES USED FOR TREE MAII~ITENANCE: (.anre) t7'~*) (fie) (.~oaen (name) (nar) (since) (aoden pkense samba) (same) Var) (oske) (s4oden (Ikmse samba) (ATTACH ADDITIONAL VEFHCLE DEFORMATION) LrQVlPME:NT USED FOR TREE MAIIdTENANCE: (e-i•. (tamp Srbda, brash etippa, ebainssws, spryer, Ms.) S ( ) (tbnetion) ,c, (ATTACH ADDITIONAL EQU[PMENT IIEFORMATION) 1g Agenda Information Memo Apri12, 2000, Eagan City Council Meeting CONSENT AGENDA N ~ RECEIVE BIDS AND AWARD CONTRACTS FOR MOBILE AND PORTABLE RADIOS FOR THE CITY-WIDE SYSTEM UPGRADE ACTION TO BE CONSIDERED: To award contracts to the low bidders for mobile and portable radios for the city- wide radio system upgrade. FACTS: The last upgrade of the City Communications System was accomplished in 1988, some mobile and portable equipment predates the 1988 upgrade. The current equipment has exceeded the expected life span for the system. In 1995, the decision was made to replace the entire city-wide radio system in 2001 and funds were set aside for the project. In 2001, the City contracted with a consulting engineer, Leonard Koehnen, to develop the specifications. The original bids for mobile and portable radios were not awarded pending additional evaluation of the offered products. The contractor bids have been received and reviewed by the consulting engineer and city staff. The staff recommendation is to award contracts to the low bid contractors for mobile and portable radio equipment. ATTACHMENTS Enclosed on page is a summary of the bids received for mobile and portable radio equipment. /9 City of Eagan Mobile and Portable Radios Bid Date: March 26, 2002 Bid Time: 1:00 p.m. BIDDER BID BID BOND 1. l ~T~^,~ rn ~ ~~ !.~ 2. t~~, ~I ~~a.~ 3. ~~~ ~,,~ ~ ~~~ ~ ~dti~. aa°~ ~~~ . oy ,~ 5. ~ ~.~~ S~~s~ aq ~~ ~ 6. ~ Z~~ ; ~~ ~S ~. • cue c~ ~ d2 ~ lam-, c~ 7. G`~~ 8. 9. 10. 11. 12. 13. 14. 15. Bids received by: C~(-~~ C~~ Title: :~C~~ti~dcur~ ao Agenda Information Memo April 2, 2002 Eagan City Council Meeting I. CONTRACT OZ-10. DODD ROAD - DIFFLEY ROAD TO WESCOTT ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To modify the bid date for Contract 02-10 (Dodd Road - Diffiey Road to Wescott Road Street & Utility Improvements), from Thursday, March 28, 2002, to Thursday, April l 1, 2002. FACTS: • On October 16, 2001, the City Council authorized the urban upgrade of Dodd Road, from Diffley Road to Camberwell Drive, including sanitary sewer, water main, storm sewer and off-street bituminous trails, as outlined and discussed in the amended feasibility report for Project 850. • On January 22, 2002, the City Council authorized the urban upgrade of Dodd Road, from Camberwell Drive to Wescott Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, as outlined and discussed in the amended feasibility report for Project 862. • Projects 850 and 862 have been combined under City Contract 02-10. • On March 4, 2002, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 02-10 for 10:30 a.m, Thursday, March 28, 2002. • Dodd Road is designated as a Municipal State Aid roadway in the City, with all street design subject to review by MnDOT State Aid staff before awarding a contract for the work. To date, the review by MnDOT has not been received. • To coincide with the anticipated review date by MnDOT, the bid date for Contract 02- 10 should be postponed until April l 1, 2002. . a/ Agenda Information Memo Apri12, 2002 J. REQUEST MUNICIPAL STATE AID ROUTE DESIGNATION ACTION TO BE CONSIDERED: Approve a resolution requesting the Commissioner of Transportation's approval of the designation of O'Neil Drive on to the Municipal State Aid (MSA) system FACTS: • The MSA designation of a street enables the maintenance of an existing street and construction of a new street to be financed by the City's portion of the gas tax money distributed by the state. • O'Neil Drive is located in northeast Eagan east of Highway 149 and north of Lone Oak Road. • With the current discussions with D. R. Horton about their interest in the development of a significant portion of this area within the City of Eagan, it would be appropriate to plan a MSA collector road system to address the proposed development's traffic demands. • Approximately 2.3 miles of MSA designation would be allocated to O'Neil Drive. This designation would provide the City with the funding opportunity to construct the new (non- existing) portion of O'Neil Drive, while providing financing for the upgrading and maintenance of the existing portion. O'Neil Drive meets the criteria of MSA streets in terms of location, function and construction. • With this designation of O'Neil Drive to the MSA system, the City of Eagan can continue to ensure the City receives its maximum portion of the available annual gas tax appropriation. ATTACHMENTS: • MSA Street Designation Crraphic, page as N NO SCALE BLUE GENTIAN ~NN CIR~ R~ GIN/` V~ 12~ „ m<_ - KENNETH ST. C?A Y Y ~~ ~° BEATRICE Sf. ~y~, 'e McKEE ST. 4 v ° ..- KEEFE ST. ~~LF~Q s vi a U z ° a ~ o x LONE ~ (C0. RD. 26) LONE OAK ROAD ~ ~ 3 m °~ ~ P O ~~ A OLL ROAD U z 0 z ~ GEMINI RD. z X ~~~ a PKWY. a \ ~~ / INTERSTATE 494 O'NEIL DR. ~ PKWY. t ~ c ',~~ ~ ° "'~ o ~ ~° i ~ s~ 9~ ,O I ~.~ ^~ !~~ ,!, ~,_ ~~ ~'"~l ~~ ~K fZ0/~ CO. RD. 26 O OURTHOUSE LN. U-HWy No. 55 TRVNk ~ / /~~ .. o - ~~Yr (1~ REEK Q v ~ CHAPEL LN. CHAP L n Z ~ Y V `V lLL.DRIN DR. ~ HILLC DE ~ 2 O 7 f 2 `N. HILLSIDE Q J J o ~ DRIVE ROLLING m ij r' ~ /(~S HILLS PL OLLING w ~ R ILLS Y O DISCOVERY ROAD ~ ~ ~ ROLU ~ IR. ~ a YANK HILLS J O ( CO. RD. 28) U RD. CO S0. _ ~ i. EA('+w MKS LN. WESC Ti ~ ~ 2 EAGAN MKS Cf. TR. TRAI RD. ~ S ~ ~ ~ ° ~ Iw cr. ~~, 's coLFVIEw ~`~ ° ~ ~ z ~ jana 3 3 ~ w ~ ~~P wl ROSE CT. OAKS TR e0~ o ° u y ~ BLUE w ; WOp ,~~ ~ ` OPPERMAN DR. OUND GHQ GR WT 0 S `~ti OPPERMAN DR. CT. ~ S ~~ Aa 173r 4 m UMMING IRD LN. \ YY c ~ m Proposed 2002 MSAS Designations City of Eagan March 18, 2ooz Agenda Information Memo Apri12, 2002 K. PROJECT 751R, DODD ROAD. CLIFF ROAD TO BITTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751 R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10-03600-027-25 (4625 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751 R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and ot~ street bitunvnous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $100.00. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-03600-027-25 has been prepared providing for the payment of the acquisition of all necessary easements. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. a~- Agenda Information Memo April 2, 2002 L. PROJECT 7528, DODD ROAD, CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751 R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owner of Parcel 10-83500-020-01 (671 Waterview Cove) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project '751 R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $100.00. Staff has suggested an offer in this amount to the property owner. The property owner has consented to this offer. • An agreement between the City of Eagan and the owner of Parce110-83500-020-01 has been prepared providing for the payment of the acquisition of all necessary easements. • Engineering staffand the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. as Agenda Information Memo Apri12, 2002 M. PROJECT 751R. DODD ROAD. CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751R (Dodd Road, Cliff Raad to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10-20900-010-02 (4822 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751 R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2402, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $370.01. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-20900-010-02 has been prepared providing for the payment of the acquisition of all necessary easements. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. a~ Agenda Information Memo April 2, 2002 Eagan City Council Meeting N. PROJECT 813, CENTRAL PARKWAY - STREETSCAPING ACTION TO BE CONSIDERED: Receive the Feasibility Report for Project 813 (Central Parkway - Streetscaping) and schedule a public hearing to be Geld May 7, 2002. FACTS: • Project 813 provides for the streetscaping of Central Parkway between Pilot Knob Road. and Yankee Doodle Road. It incorporates decorative street and traih~vay lighting, decorative pedestrian paving, fencing, entrance monuments, landscaping, irrigation and misc. amenities. • This feasibility report presents the scope, costs, schedule and proposed method of financing these improvements. The information will be presented to the affected property owners at an informational neighborhood meeting prior to the public hearing. ATTACHMENTS: • Draft Feasibility Report, enclosed without page number. a~ Agenda Information Memo Apri12, 2002 Eagan City Council Meeting O. PROJECT 866, CEDAR GROVE - STREETSCAPING & LIGHTING ACTION TO BE CONSIDERED: Receive the design Study Report for Project 866 (Cedar Grove - Streetscaping & Lighting) and schedule a public hearing to be held May 7, 2002. FACTS: • Project 866 provides for the streetscaping and lighting of the Cedar Grove Redevelopment area. It incorporates decorative street and trailway lighting, decorative pedestrian paving, fencing, entrance monuments, landscaping, irrigation and misc. amenities. • This design study report presents the scope, costs, schedule and proposed method of financing these improvements. The information will be presented to the affected property owners at an informational neighborhood meeting prior to the public hearing. ISSUES: The costs for these improvements aze proposed to be financed through special assessments under Project 800, Cedar Grove Access Reconfiguration. The public hearing for Praject 800 is scheduled later on this agenda. This design study report for project 866 is presenting the design concepts for consideration for ultimate incorporation into the overall fins] detail plans and specifications. An informational neighborhood meeting will be held prior to May 7 to present these design concepts. ATTACHMENTS: • Dra$ Design Study Report, enclosed without page number. a~' Agenda Information Memo April 2, 2002 P. CONTRACT 02-09. CENTRAL PARKWAY STREET & UTII.ITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans for Contract 02-09 (Central Pazkway - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m on Thursday, May 2, 2002. FACTS: • Contract 02-09 provides for the construction of the remaining portion of Central Parkway from Pilot Knob Road to Yankee Doodle Road, as outlined and discussed in the amended feasibility report for Project 790R. Contract 02-09 will complete the portion of Central Pazkway not awazded as part of Contract 01-04. • On March 19, 2002, the City Council held a Public Hearing for the amended Project 790R After the staff presentation, there were no comments from any of the affected property owners adjacent to Central Pazkway, so the Council approved the project and authorized the prepazation of detail plans and specifications. • The plans and specifications have been completed, reviewed by MnDOT State Aid and are being presented to the City Council for their approval and authorization of the advertisement for bids. aq Agenda Information Memo April 2, 2002 Eagan City Council Meeting Q. CONTRACT 02-12, CEDAR GROVE REDEVLOPMENT AREA - BUILDING DEMOLITION/ REMOVAL ACTION TO BE CONSIDERED: To receive the bids for Contract 02-12 (Cedar Grove Redevelopment Area -Building Demolition/ Removal), award the contract to Kevitt Excavating for the base bid in the amount of $25,350 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On February 6, 2001, the City Council authorized the reconfiguration of Silver Bell Road, from TH 13 to Beau D' Rue Drive, including the combining of the intersections of Cedarvale Boulevard and Beau D' Rue Drive and the installation of a traffic signal at this new intersection, as outlined and discussed in the feasibility report for Project 800R (Cedar Grove Access Modifications). • As part of the approval for Project 800R, the City Council also directed the acquisition of several homes and businesses to accommodate the new intersection configuration. • Contract 02-12 provides for the demolition and removal of three houses along Silver Bell Road, 3811 Alder Lane, 1930 Silver Bell Road, and 1940 Silver Bell Road. • At 10:30 a.m. on March 28, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Kevitt Excavating has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page' . ,30 BID SUMMARY House Demolition/ Removal 3811 Alder Lane/ 1930 Silver Bell Road/ 1940 Silver Bell Road City Project No. 800 City Contract No. 02-12 Bid Date: Thursday, March 28, 2002 Bid Time: 11:00 a.m. Contractors 1.) Kevitt Excavating 2.) Lloyd Excavating 3.) Jay Bros., Inc. 4.) Wickenhauser Excavating 5.) Doboszenski & Sons 6.) Buberl, Inc. 7.) Veit Companies 8.) Hoffbeck Trucking Project 800 -House Removal/ Demolition Low Bid $ 25,350 Engineer's Estimate $35,000 Percent Under (-) Estimate -27.6% Total Base Bid $ 25,350 $ 37,895 $ 38,270 $ 39,220 $ 43,700 $ 44,214 $ 45,459 $ 47,825 3/ Agenda Information Memo April 2, 2002 Eagan City Council Meeting R PROJECT 861. CLIFF ROAD TRAIL CONSTRUCTION AGREEMENT ACTION TO BE CONSIDERED: To approve a Trail Construction Agreement for Project 861, Cliff Road (2002 City-wide Trail Improvements) with the City of Burnsville and Dakota County Transportation Deparhnent and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 18, 2001, the City Council authorized the maurtenance overlays of existing trails and the construction of new trail segments along various collector and arterial roadways throughout the City, as outlined and discussed in the feasibility report for Project 861. • Included in the new trail segments under Project 861 is the construction of a bituminous trail along the south side of Cliff Road (County Road 32) from the Burnsville/Eagan border to Slater Road. • The City of Burnsville is the lead agency for the construction of the new trail on the south side of Cliff Road (County Road 32), between Slater Road and River Hills Drive in Burnsville, which is scheduled to be completed in the fall of 2002. • An agreement between the City of Eagan, the City of Burnsville, and Dakota County has been prepared providing for the cost of engineering, construction, right-of--way acquisition and maintenance of the trail improvements along Cliff Road. As set forth in the agreement, the City of Eagan's financial share of this improvement is 45% of the costs of the trail segment within Eagan, estimated in the Project 861 feasibility report at $34, 390. • City staff has reviewed this agreement and found it to be similar to other trail construction agreements and in order for favorable Council action. 3a- Agenda Information Memo April 2, 2002 Eagan City Council Meeting S. PROCLAMATION/BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY ACTION TO BE CONSIDERED: To proclaim Friday, April 12, 2002 as Burnsville/Eagan Community Television Volunteer Appreciation Day. FACTS: From January 1, 2001 to December 31, 2001, 324 citizens volunteer approximately 7,000 hours of their time and energy to provide community television programming to the communities of Burnsville and Eagan. The Cities of Burnsville and Eagan will demonstrate their appreciation by honoring the year 2001 community television volunteers with the Bumsville/Eagan Community Television Volunteer Appreciation Event on April 12, 2002. ATTACHMENTS: • Attached on page is a copy of the proclamation for Burnsville/Eagan Community Television Volunte Appreciation Day. 33 CITY OF EAGAN PROCLAMATION BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECTION DAY APRIL 12, 2002 WHEREAS, from January 1, 2001 to December 31, 2001, 324 citizens volunteered approximately seven thousand hours of their time and energy to provide community television programming to the communities of Burnsville and Eagan, resulting in 350 hours of original programming and 275 new productions; and WHEREAS, these programs provide the opportunity for the citizens of Burnsville and Eagan to view programs far and about their communities, which otherwise would not be provided; and WHEREAS, the Burnsville/Eagan Community Television volunteer producers and their crews have established Burnsville/Eagan Community Television as a premier community television institution, having received over 20 state and national awards; and WHEREAS, these volunteers receive no compensation for their time, energy and production skills, other than the occasional thank-you by appreciative viewers and citizens; and WHEREAS, the cities of Eagan and Burnsville, and the Burnsville/Eagan Telecommunica- tions Commission, have decided to demonstrate their appreciation by honoring all the 2001 community television volunteers with the Burnsville/Eagan Community Television Volunteer Appreciation Event on April 12, 2002. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim April 12, 2002 as: BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY in the City of Eagan, Minnesota CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Karels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, at a regular meeting thereof assembled this 2nd day of April, 2002. Maria Karels, City Clerk ~~ Agenda Information Memo April 2, 2002 Eagan City Council Meeting T. APPROVE CHANGE ORDER #1, EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: Approve change order #1 for the construction of the Community Center in the amount of $158,857. FACTS: • Provide schedule 40 PVC pipe verses cast pipe for below grade floor within the building. Both the architect and construction manager believe the cost savings far outweighs any benefit of cast pipe. Contract changes are: Northern Air Corporation, Contract #34 Deduct ($21,750) • Provide stone verses brick. The Council previously reflected a desire to use stone as an exterior and interior component of the facility. Initially, it was thought that this would include approximately 12,000 square feet. After a final review, it was determined that the actual amount was 16,000 square feet. Omission of the fireplace and column represents the difference in the square footage. In addition, because of the heavier weight of the stone, redesign was required to provide additional structural steel support. Additional reinforcement (rebar) in the fireplace slab is also necessary. The use of stone will require the addition/change in the flashings and sweeps. Contract changes are: Hollenback and Nelson, Contract # 4 $143,812 Killington Construction, Contract #3 303 Ben's Tool and Iron, Contract #5 6,505 Hawk and Sons, Contract #6 & 8 7.055 Add $157,675 • Award contract #13, by way of change order, to Schwickert Company. During the bidding phase, there were no bidders for contract 13, metal roofing, flashing and sheet metal on the in 'or of the building at the lower level. At the time of award, $21,000 was reserved in the budget to cover this contract. Schwickert was the successful bidder for exterior sheet metal and has accepted this work as part of a change order to contract # 14. Schwickert Company, Contract #13 awarded $21,000 35 • Provide for a step footing in the South Foundation wall. During framing for the north foundation wall, it was determined .that a change in grade could eliminate a future retaining wall projection but that a step footing would be required. This change will reduce future costs associated with a retaining wall that would have been part of the landscape package. Contract changes are: Kellington, Contract X34 Add $1,932 NOTE: While the changes in contracts total $158,857, this is off-set by allowances previously set aside for portions of this work. Therefore, the actual impact of these changes is a net increase of $37,557, funded from the construction contingency. ATACHMENTS: None 3~ Agenda Information Memo Apri12, 2002 CONSENT AGENDA: U. Schedule Public Hearing -Certification for Clean-up at 4391 Garden Trail. ACTION TO BE CONSIDERED: Schedule Public Hearing for May 7, 2002 for Certification of for Clean-Up at 4391 Garden Trail. FACTS: • The cost for the clean up of this property was $4,539.84. 37 Agenda Information Memo Apri12, 2002, Eagan City Council Meeting V. FINAL SUBDIVISION (OAKBROOKE 6th ADDITION) PULTE HOMES OF MINNESOTA. ACTION TO BE CONSIDERED: To approve a Final Subdivision to create 64 single family lots (Oakbrooke 6th Addition) on 32.6 acres located between Deerwood Drive and Diffley Road and east of Interstate 35E in the SW'/< of Section 21. FACTS: • On August 4, 1998, the City Council approved the Preliminary Planned Development and Preliminary Subdivision for the Oakbrooke development with conditions to create 313 single family lots on 117 acres. • This is the final phase of this development. There are 35 lots for detached townhomes to the west of Johnny Cake Ridge Road and 29 lots for single family dwellings to the west of Johnny Cake Ridge Road. • The single family dwelling lots range in area from 10,517 to 38,632 square feet, with an average of 19,550 square feet. The detached townhome lots range from 3,080 to 3,960 square feet in area, with an average of 3,566 square feet. • The number of detached townhome lots have been reduced to increase the capacity of the nearby NURP pond. • All necessary documents are expected to be executed prior to the City Council meeting. ATTACHMENT: Final Plat, page to 38~ w 1~~ ~ ` ~~ ~_ % .~ ~ tad ~+~ ~'¢vr ~ r V Q Q Q 'w I • ~ W ~tt'Z fj O • j ~ E ~ f ~~ ~ ~ _ ~ ~~ ff 4 ` l~ #j~ ~L fis~~~~~ ~ B iYCi ~ ~i~~i O ~ ~ ~f ~ #~~ ~ °' ~1 ~ ~ J Is ]~ : Ic( ~L z €3~~ i o I I" o~J t • E~F' 4 ~~.~~. s~+e s i ~t ?say a ~i~.:. . ._a i a ~ ` ti_-a 4. . ~ ~.. , r-- ~~-- (v. _ ' ~ r I~ d ' W L_- ^. h'^ i = ~~r~ ~. .5:7. r-- I I G ~ ' C C _ _ .-. p . ~ ' ~ ~ f ~i ' / I ~ i r I ~ I I _ ~ I 1 4 w O V ~9 I H W ~~ ~I 0 n W N ~ 1 ..,:: ;;• ..:~~ v ~n• '.r i Y.:' yy. ,'' ~t ~ f . Lv ~ ^ ry'a' ~~ `J~+. ,+ _~ J,. • .~ O R,~r H. =4 }•?* .~ sa' / r=. ~.'. G: i ~~ O ~3 O . 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O ~ . 9 \ :~ s i I's o ~ ~i~I 7a ! o i t ~' ~O :~ :i ^`~ e.. ~ -'3NRfn,~' _~ ids ~:;~. ~s .'i•,, l7 ~... ...• ~ ~ .p r ~yf' =W is~~ '~ K~ : SS . ~ a ~ F 0 = N ~~~~ psi: ~{-/ ;f:E ~ 3 ~ E ~ ~ : ~~ =e ~ ~ l '~ u S~ ~ [(( 3 ~[ Z ` ~ _~ ~ iS i ~si ~ ~ f ~= i~ E ~ ' ~ _,i s ~ f ~~ u a f ~s , a s i ~ $ ~ s 3 f u ~ _ i ~ 4f~ ~ q E =8 =~s~ I E ~~+ i~" s i* t~~s~ ~~ u~ ~W ~ i ps u ~ i i ~ _~ 21 j• i.r ~ ~ ta s =p~ • i1 ° i=i __sa. .. _. e S i I; , Ia S i o i 9 ~s~ o' c ~ J Y 0 0°: V~ ~{ i a ~~, i ~ ~I ~i '~r ~.__ W r 1sli i _ _. i Agenda Information Memo Apri12, 2002 A. PROJECT 8008. CEDAR GROVE ACCESS MODIFICATIONS STREET INTERSECTION RECONFIGURATION ACTION TO BE CONSIDERED: Approve Project 800R (Cedar Grove Access Modifications-Street Intersection Reconfiguration) and authorize the preparation of detailed fmal plans and specifications and the acquisition of right-of--way and easements through quick-take Eminent Domain, if necessary. FACTS: • On February 6, 2001, the City Council approved Project 800, Cedar Grove Access Modifications, providing for the intersection modifications of Trunk Highway 13 and Silver Bell Road and Silver Bell Road, Cedarvale Boulevard and Beau D'Rue, including median and traffic signal unprovements. At that meeting, the City Council also approved the acquisition ofright-of--way and easements for the project. • On October 2, 2001, the City Council approved a resolution requesting funding from the Minnesota Department of Transportation through a Fiscal Year 2003 Cooperative Agreement for Project 800 due to traffic and access management benefits to the operation of TH 13 that had previously been requested by MnDOT during the TH 13 improvements (Contract 00-07). City staff was notified in February 2002 that the funding application was denied. • As part of the redevelopment efforts for the Cedar Grove area, an Ahernative Urban Areawide Report (AUAR) is being prepared. Traffic impacts encountered in the preparation of the AUAR, primarily involving Trunk Highway 13, suggest additional traffic improvements be included with Project 800. • The City of Eagan has completed the acquisition of necessary properties for right-of--way from Twin City Poultry, Express Donuts and three residential dwellings for the reconfiguration of Silver Bell Road. The acquisition agreements modified the scope of the project and revised the expected expenditures. • Minnesota State Statutes require that a public improvement be bid and a contract awarded within one year of the City Council approval. The Council approval of Project 800R expired on February 6,2002. • Due to the revisions of the project scope and revenue, in addition to the elapsed time schedule, it was necessary to amend the feasibility report to address changes to the project scope, schedule, cost estimates and associated special assessments. • On March 4, 2002, the amended feasibility report for Project 800R was presented to the City Council and a Public Hearing was scheduled for April 2 to formally present and discuss the updated report with the adjacent property owners. • An informational neighborhood meeting was held on March 20 in the Council chambers for the adjacent property owners. 12 persons representing 11 properties attended this meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages ~ through ~. O • Neighborhood Meeting Minutes, pages ~ through ~. • Letter from Hugh Fitzgerald, pages , ~_ and ~~. 'T"oZ. ity of eagan FEASIBILITY STUDY ANA REPORT FOR CEDAR GROVE REDEVELOPMENT AREA INTERSECTION MODIFICATIONS AND STREETSCAPL~iG EAGAN, IbIINNESOTA CITY OF EAGAN PROJECT N0.800R Ivlarch 2002 REVIEWED BY: .~d ~~ ity of Eagan Department of Public Works Date: 3~2c.~2a~ z. REVIEWED BY: Cit f Eagan Finance Departments Date: ~ ~ ~ ! ~ T SRF No. 0003731 ~~ I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. atthew D. Hansen Date:. 3 ZS~ZOoz Reg. No. 21364 ~3 ONSULTING GROUP, INC. Transportation • Civil • Structural ^ Environmental • Planning ^ Traffic ^ Landscape Architecture ^ Parking ~SRF; CONSULTING GROUP, INC. Transportation • Civil • Structural • Environmental • Planning ^ Traffic ^ Landscape Architecture • Parking SRF No. 0003731 March 25, 2002 Honorable Mayor and City Council CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and Members of the Council: SUBJECT: CEDAR GROVE REDEVELOPMENT AREA INTERSECTION MODIFICATIONS AND STREETSCAPING CITY OF EAGAN PROJECT NO. 800R Enclosed please find the Feasibility Report for proposed improvements to the Cedar'Grove Redevelopment Area intersections. The project proposed herein is consistent with the City's Comprehensive Plans and is feasible from an engineering standpoint. We would be pleased to meet with the City Council, staff and other interested parties to review any aspect of this report. Respectfully submitted, SRF CONSULTING GROUP, INC. ~~~ Matthew D. Hansen, P.E. Senior Associate Q~ /~-' J mes R. Dvorak, P.E. ice President MH/JRD/bls Enclosure One Carlson Parkway North, Suite 150, Minneapolis, MN 5544?-4443 Telephone (763) 475-0010 ^ Fax (763) 475-2429 ^ http://www.srfconsulting.com An Equal Opportunity Employer CEDAR GROVE REDEVELOPMENT AREA INTERSECTION MODIFICATIONS AND STREETSCAPING EAGAN, MINNESOTA CITY PROJECT N0.800R TABLE OF CONTENTS Page No. LETTER OF TRANSMITTAL TABLE OF CONTENTS I. INTRODUCTION ..................................................................................... I II. SUMMARY AND RECOMMENDATIONS ............................................. 2 III. PROJECT DESCRIPTION ........................................................................ 3 A. Existing Conditions ............................................................................. 3 °°°°°°°Table I -Existing Capacity Analysis ................................................ 4 B. Proposed Roadway Improvements ....................................................... 4 ° ° ° ° ° ° °Table 2 -Level of Service Analysis Year 2024 ................................. 5 C. Alternative Roadway Improvements ..................................................... 7 IV. RIGHT-OF-WAY AND EASEMENTS ..................................................... 8 °°°°°°°Table 3 -Estimated Right-of-Way .................................................... 8 V. PERMITS .................................................................................................. 9 VI. ESTIMATED COSTS ............................................................................... 10 .................... °°°°°°°Table 4 -Estimated Costs ............................................. VII. AFFECTED PROPERTIES ....................................................................... 11 VIII. ASSESSMENTS ........................................................................................ 14 IX. REVENUE SOURCES .............................................................................. 15 X. PROJECT SCHEDULE ............................................................................. 16 APPENDIX ^ Detailed Preliminary Estimate of Construction Costs • Preliminary Assessment Roll ^ Figure 1 -Project Location Map ^ Figure 2 -Proposed Development Concept ^ Figure 3 -Existing Conditions • Figure 4 -Proposed Intersection Modifications ^ Figure 5 -Proposed Typical Sections ^ Figure 6 -Proposed Intersection Details ^ Figure 7 -Proposed Right-of--Way Acquisition • Figure 8 -Interchange Alternative Concepts • Figure 9 -Proposed Storm Sewer ^ Figure 10 -Assessment Area t~5 I. INTRODUCTION This Feasibility Study was authorized by the City Council on June 5, 2000 to analyze the proposed reconstruction of the intersections of Silver Bell Road and Beau D Rue Drive and Silver Bell Road and Cedarvale Boulevard and to consider the incorporation of premium streetscape and landscape elements to help identify the Cedar Grove redevelopment area. The reconfiguration of these intersections is proposed to be located 400 feet south of the intersection of TH 13 and Silver Bell Road in the west-central area of Eagan (see Figure 1). The proposed improvements are consistent with recommendations described in the Village Plaza Redevelopment Concept Study Report prepared for the Cedar Avenue and TH° 13 Redevelopment Study Task Force by SRF in November 1999, as well as the Traffic Study for the proposed redevelopment of the Cedarvale°Area prepared for the City by SRF in March 2002. The project also includes proposed improvements to Trunk Highway 13 at Silver Bell Road to add dual left turn lanes on TH 13 and potentially widen the roadway to accommodate three lanes in each direction This Feasibility Study describes roadway reconstruction and traffic signal improvements necessary to upgrade the existing intersections to improve safety and mobility while maintaining adequate access to adjacent properties. It also provides the opportunity for landscape/streetscape improvements meant to enhance the visibility and identity of the area. The proposed intersection modifications are the first phase of implementing the redevelopment plan. It is meant to improve access to the area and thereby promote redevelopment of the Cedar Grove Area. Additional roadway improvements will include upgrading Beau D Rue Drive and Cedarvale Boulevard according to recommendations made in the Village Plaza Study. See Figure 2 for additional recommendations. Feasibility Study and Report Cedar Grove Redevelopment Area II. SUMMARY AND RECOMMENDATIONS This Feasibility Study presents a design that is feasible from an engineering standpoint. The proposed roadway improvements are consistent with current City standards. The project cost has been estimated and is identified in the report. It is recommended that the Council consider proceeding with the project for the following reasons: • This project is consistent with the Village Plaza Redevelopment Study recommendations of promoting redevelopment of the Cedar Grove area. • Roadway and traffic signal improvements are consistent with those recommended in the recent Traffic Study for the Proposed Redevelopment of the Cedarvale Area. The project will improve traffic flow and vehicular and pedestrian safety in the area by channelizing turning movements and regulating traffic flow with a new traffic signal. • This project is necessary due to unsafe levels of congestion and projections of increased traffic volumes in the future. • The project is feasible from an engineering standpoint in that with the acquisition of additional right-of--way, there is adequate room to safely reconstruct and maintain the intersections of TH 13 and Silver Bell Road, as well as at Silver Bell Road, Beau°D Rue°Drive and Cedarvale Boulevard. • The project is cost effective in that it will improve roadway capacity at the intersections, increase safety and reduce travel time for the public. It is recommended that the City Council receive the Feasibility Study and schedule a public hearing for the proposed project area. Feasibility Study and Report Cedar Grove Redevelopment Area 2 ~~ III. PROJECT DESCRIPTION A. EXISTING CONDITIONS The existing roadway system discussed in this report is shown in Figure 3. The following roadways make up the transportation network in the area of Silver Bell Road and TH 13: • TH 13 is a four-lane divided rural highway with a speed limit of 55 mph in the area where it intersects with Silver Bell Road. It is classified as an A minor arterial-reliever to I-35E in the May 1999 City of Eagan Transportation Plan. • Silver Bell Road is a two-lane undivided urban roadway north of TH 13 with a speed limit of 30°mph. South of TH 13, Silver Bell Road is a four-lane undivided urban roadway with a speed limit of 40 mph. Silver Bell Road south of TH 13 is classified as a major collector in the May° 1999 City of Eagan Transportation Plan. • Beau D Rue Drive is a two-lane undivided urban roadway with a speed limit of 30 mph. It is classified as a minor collector in the May 1999 City of Eagan Transportation Plan. • Cedarvale Boulevard is a three-lane undivided rural roadway with a speed limit of 40°mph. It is classified as a major collector in the May 1999 City of Eagan Transportation Plan. There is an existing five-foot wide concrete walk on the south side of Silver Bell Road extending north from TH 13 and east from Beau D Rue Drive. No walk currently exists between TH° 13 and Beau D Rue Drive. A traffic study for the proposed Cedar Grove Redevelopment Area was prepared for the City of Eagan by SRF Consulting Group, Inc. This study, dated March 20, 2002, examines traffic operations for existing a.m. and p.m. peak hour conditions at eight (8) intersections. Table 1 lists the location and existing level of service (LOS) for each intersection during a.m. and p.m. peak hours. Feasibility Study and Report Cedar Grove Redevelopment Area 3 5~~ TABLE L E~CISTING CAPACITY ANALYSIS~t~ INTERSECTION LEVEL OF SERVICE A.N1. PEAK P.M. PEAK TH 13/Silver Bell Road E C Cedarvale Boulevard/Silver Bell Road* F/F A/D Beau D Rue Drive/Silver Bell Road* F/F A/A Blackhawk Road/Silver Bell Road* F/F A/D Cedarvale Boulevard/Rahn Road* A/A A/B TH 77 West Ramp/Diffley Road A B TH 77 East Ramp/Diffley Road A A Nicols Road/Diffley Road B B * Indicates an unsignalized intersection. The overall level of service is shown followed by worst approach level of service. ~~~ Intersections are given a ranking from Level of Service A through Level of Service F. Level of Service A indicates the best traffic operation, with vehicles experiencing minimal delays. Level 'of Service F indicates an intersection that is over capacity. or breakdown of traffic flow. Levels of Service A through D are generally considered acceptable for design purposes. Level of Service E indicates that the intersection is operating at or very near its capacity and that vehicles experience substantial delays. The a.m. and p.m. peaks are the one-hour periods in the morning and afternoon in which the traffic through the intersection is heaviest busiest. Results of the analysis shown in Table 1 indicate that the four intersections along Silver Bell Road (TH 13, Cedarvale Boulevard, Beau D Rue Drive and Blackhawk Road) currently operate poorly during the a.m. peak hour, with motorists experiencing significant queuing and delays. However, these intersections currently operate at an overall acceptable level of service C or better during the p.m. peak hour, with existing traffic controls and geometries. The remaining four intersections operate at acceptable levels during the a.m. and p.m. peak hours, under existing conditions. B. PROPOSED ROADWAY IMPROVEMENTS In November 1999, SRF Consulting Group completed the Village Plaza Redevelopment Concept Study Report for the Cedar Grove area (see Figure 2). As part of the Cedar Grove Redevelopment Plan, Silver Bell Road, Cedarvale Boulevard and Beau°D Rue Drive east of Feasibility Study and Report Cedar Grove Redevelopment Area 4 TH° 13 are proposed to be re-aligned. The realignment of these roadways will eliminate the existing intersection of Silver Bell Road and Cedarvale Boulevard and create the four-legged intersection of Silver Bell Road and Cedarvale Boulevard/Beau D Rue Drive (see Figures 4, 5 and 6). The distance between the proposed realigned intersection and the intersection of TH 13 and Silver Bell Road will be maximized to increase vehicle storage during peak periods. Proposed raised concrete medians would safely channelize traffic by providing protected left- turn lanes. In relationship to the proposed roadway realignments, traffic operations for the existing intersection of TH 13 and Silver Bell Road and realigned intersection of Silver Bell Road and Cedarvale Boulevard/Beau D Rue were analyzed for year 2015 full build conditions. In order to improve safety and provide an acceptable level of service, the installation of a traffic signal is proposed at the realigned intersection. (A capacity analysis is summarized in Table 2). The proposed signal would increase intersection capacity and reduce congestion during peak traffic times. The proposed signal will also enhance the safety of pedestrian crossings with the installation of pedestrian push buttons for Walk/Don t Walk indications. TABLE 2 YEAR 2015 - BliILI)CAPACITY ANALYSIS CITY PROJECT NO. 8008 LEVEL OF SERVICE~z~ INTERSECTION A,~1. PEAK P.1\I. PEAK TH 13 and Silver Bell Road F (D) F (D) Silver Bell Road and Cedarvale Blvd./Beau D Rue Drivet'l F (C) C (B) ~' ~ The installation of a traffic signal is assumed at this intersection. ~2~ Level of service shown in parenthesis includes the recommended improvements detailed below. Due to the proximity of the two intersections, it is important to consider the operation of both intersections. The intersection of TH 13 and Silver Bell Road is expected to continue to operate poorly in the year 2015, with full redevelopment of this area. Due to queue spillback from this intersection, the intersection of Silver Bell Road and Cedarvale Boulevard/Beau D Rue Drive will also operate poorly during the a.m. peak hour. Feasibility Study and Report Cedar Grove Redevelopment Area 5 D For the intersection of TH 13 and Silver Bell Road, northbound and southbound dual left-turn lanes are recommended. An additional westbound left-turn lane and through lane are also recommended on Silver Bell Road. This approach would then consist of dual left-turn lanes, two through lanes and aright-turn lane. These proposed improvements are included in Project°800R. For the west approach of Silver Bell Road, dual left-turn and right-turn lanes are recommended. This approach would then consist of dual left-turn lanes, one through lane and dual right-turn lanes. The dual left-turn lanes are included in the proposed improvements for Project 800R. The dual right-turn lanes are not included in Project 800R. With all of these improvements and a reduced land use plan, the intersection of TH 13 and Silver Bell Road is expected to improve from LOS F to E during peak hour conditions. Mn/DOT is currently reviewing the capacity analysis results to determine their approval of LOS E conditions at this intersection. The construction of additional through lanes on TH 13 will improve intersection operations to an acceptable LOS D during the a.m. and p.m. peak hours. Mn/DOT may require the upgrade of TH° 13 to a six-lane facility. This is undetermined at this time. However, the construction of additional through lanes on TH 13 are included in Project 800R cost estimate. The realigned signalized intersection of Silver Bell Road and Cedarvale Boulevard/Beau D Rue Drive is expected to operate at an unacceptable LOS F in year 2015 with full redevelopment of this area. It is recommended that the westbound right-turn lane be extended and an additional northbound through lane be constructed at this intersection to improve operations from LOS°F to°C during the a.m. peak hour.' These improvements are included in Project 800R. In addition to a proposed traffic signal, users would benefit from modifications to the roadway geometrics and the addition of bituminous walks. Some storm sewer (see Figure 9) and water main modifications will also be necessary. Landscaping and streetscaping improvements are included in Project 800R and the cost is estimated to be $1,144,700. SRF will continue to work with City staff and City Council on landscaping and streetscaping design development. Feasibility Study and Report Cedar Grove Redevelopment Area C ~"'~/ 6 The estimated cost of the proposed design is $10,080,400 including right-of--way acquisition costs and potential improvements to TH 13 C. ALTERI~IATIVE ROADWAY I~IPROVE~IENTS INTERCHANGE • Construction of agrade-separated interchange (bridge, ramps, etc.) at TH 13 and Silver Bell Road was briefly explored as an alternate to reconstructing this intersection (see Figure 8). Construction of a conventional diamond interchange or a single point folded-diamond interchange would also require the realignment of the Silver Bell Road, Beau°D Rue Drive and Cedarvale Boulevard intersection as proposed in this study. A folded diamond interchange could be constructed without the proposed intersection realignment, however. Construction of any of the three interchange options would result in a significant amount of property acquisition. Typical costs for the interchange options shown in Figure 6 range from $4,000,000 to $6,000,000, excluding acquisition costs. Due to the significant property impacts and the high cost of construction, this design alternative is not recommended. Feasibility Study and Report Cedar Grove Redevelopment Area S~- 7 IV. RIGHT-OF-WAY AND EASEMENTS Additional permanent right-of--way will be required from 15 properties in the project area (see Figure 7). Temporary construction easements will be required from various properties as well. Total acquisition of 5 residential and 3 commercial parcels is planned with the proposed improvement (see Figure 7 for parcel identification). Table 3 below identifies the required right- of-way. TABLE 3 ESTIMATED RIGHT-OF-WAY CITY PROJECT NO.800R PARCEL PERA'L~NENT RIGNT-OF-WAY ACQUISITION A 3,730 Sq. Ft. B 10,200 Sq. Ft. C 142 Sq. Ft. D 1,230 Sq. Ft. E 10 Sq. Ft. F 18,960 Sq. Ft.* G 18,949 Sq. Ft.* H 18,949 Sq. Ft.* J 22,500 Sq. Ft.* L 22,500 Sq. Ft.* M 1,820 Sq. Ft. N 29,447 Sq. Ft.* O ~ 46,217 Sq. Ft.* P 42,907 Sq. Ft.* Q 2,840 Sq. Ft. TOTAL 240,401 SQ. FT. *Acquisition of complete parcel Feasibility Study and Report Cedar Grove Redevelopment Area 8 V. PERMITS Permits for the improvements proposed under City Project No. 800R will be required from the following agencies: Minnesota Department of Transportation (work within right-of--way) • Minnesota Pollution Control Agency (NPDES Permit) Feasibility Study and Report Cedar Grove Redevelopment Area ~~ 9 VI. ESTIMATED COSTS The total project cost is based on preliminary construction cost estimates including estimated right-of--way costs, with a 10 percent contingency plus an additional 40°percent for legal, administrative, engineering design and inspection, contract administration and bond interest. A°detailed estimate of preliminary construction costs for City Project No. 800R is included in the Appendix. The estimated cost of the proposed improvements is $10,080,400. TABLE 4 ESTIMATED COSTS CITY PROJECT NO. 8008 CEDAR GROVE REDEVELOPMENT AREA I~iPROVE]`IENTS COST Local Streets and Utilities $ 2,044,900 Traffic Signals $ 693,000 Right-of--Way Acquisition $ 3,454,000 Streetscaping $ 1,144,700 TH 13 Dual Left Turn Lanes $ 926,600 TH 13 Widen to Six Lanes $ 1,817,200 TOTAL $10,080,400 Feasibility Study and Report Cedar Grove Redevelopment Area ~ 10 ~~ VII. AFFECTED PROPERTIES The properties in the area that are affected by the proposed improvements and require notification of the public hearing are listed as follows (see Figure 10 for parcel identification): PARCEL PROPERTY I.D. PROPERTY DESCRIPTION ADDRESS A 10-68200-010-01 Lot 1, Block ],Silver Bell Commons 2015 Silver Bell Road B 10-19600-010-01 Lot 1, Block 1, Dallas Development 2020 Silver Bell Road C l 0-68100-010-O1 Lot 1, Block 1, Silver Bell Center 1985 Silver Bell Road D 10-01700-020-54 Unplatted 1995 Silver Bell Road E 10-13301-OIO-01 Lot 1, Block 1, Ballantrae 2nd Addition 3800 Ballantrae Road F 10-4440-010-01 Lot 1, Block 1, Langhoven Addition 3811 Alder Lane G 10-44450-020-O1 Lot 2, Block 1, Langhoven Addition 1930 Silver Bell Road H 10-4440-030-O1 Lot 3, Block 1, Langhoven Addition 1940 Silver Bell Road I 10-4440-101-01 Lot 10, Block 1, Langhoven Addition 3820 Alder Lane J 10-44450-040-01 Lot 4, Block 1, Langhoven Addition 3816 Beau D Rue Drive K 10-44450-090-01 Lot 9, Block 1, Langhoven Addition 3830 Alder Lane L 10-44450-061-01 Lot 5, Block 1, Langhoven Addition 3822 Beau D Rue Drive M 10-44450-062-01 Lot 6, Block 1, Langhoven Addition N/A N 10-01900-010-04 Unplatted 3808 Sibley Memorial Hwy. O 10-01900-020-04 Unplatted 3810 Sibley Memorial Hwy. P 10-01900-030-04 Unplatted 3835 Beau D Rue Drive Q 10-0]900-060-04 ~ Unplatted N/A R 10-01900-050-04 Unplatted 3820 Sibley Memorial Hwy. S 10-16901-010-O1 Lot 1, Block 1, Cedarvale 2nd Addition 3883 Beau D Rue Drive T 10-16901-020-O1 Lot 2, Block 1, Cedarvale 2nd Addition 3830 Sibley Memorial Hwy. U 10-16901-010-00 Outlot A, Cedarvale 2nd Addition N/A V 10-38800-010-01 Lot 1, Block 1, Jensens Supper Club Addition 3840 Sibley Memorial Hwy. W 10-16901-040-01 Lot 4, Block 1, Cedarvale 2nd Addition 3880 Sibley Memorial Hwy. X 10-16901-030-00 Outlot C, Cedarvale 2nd Addition N/A Y 10-44800-010-0 l Lot 1, Block 1, Leibel Addition 3850 Beau D Rue Drive Z 10-01900-010-06 Unplatted 3900 Sibley Memorial Hwy. AA 10-16850-060-01 Lot 6, Block 1, Cedarvale Office Park N/A Feasibility Study and Report Cedar Grove Redevelopment Area 11 ~~ PARCEL PROPERTY I.D. PROPERTY DESCRIPTION ADDRESS BB (0-16850-081-01 Lot 7, P.O. Lot 8, Block 1, Cedarvale Office Park N/A CC 10-16850-050-01 Lot 5, Block 1, Cedarvale Office Park N/A DD 10-16850-040-01 Lot 4, Block 1, Cedarvale Office Park N/A EE 10-16850-082-01 P.O. Lot 8, Block 1, Cedarvale Office Park N/A FF 10-16850-031-01 Lots 1, 2 & 3, Block 1, Cedarvale Office Park N/A GG 10-16850-111-01 P.O. Lot 10, Block 1, Cedarvale Office Park N/A HH 10-16850-123-01 P.O. Lot 10, Block 1, Cedarvale Office Park 3904 Cedarvale Boulevard KK 10-01900-030-25 Unplatted N/A MM 10-01900-010-25 Unplatted N/A NN 10-01900-020-25 Unplatted 3815 Nicols Road 00 10-75500-010-00 Outlot A, Tesseract Addition N/A PP 10-75500-010-01 Lot 1, Block 1, Tesseract Addition 3800 Tesseract Place QQ 10-01900-0 l I -02 Unplatted N/A VV 10-01900-010-03 Unplatted 3890 Nicols Road WW 10-13700-010-01 Lot 1, Block 1, Barton McGray Addition 3985 Cedarview Drive XX 10-] 3700-020-01 Lot 2, Block 1, Barton McGray Addition 3975 Sibley Memorial Hwy. YY 10-13700-030-01 Lot 3, Block 1, Barton McGray Addition 3965 Sibley Memorial Hwy. ZZ 10-13700-040-01 Lot 4, Block 1, Barton McGray Addition 3955 Cedarview Drive AAA 10-13700-050-01 Lot 5, Block 1, Barton McGray Addition 3945 Sibley Memorial Hwy. BBB 1 0-1 3 700-060-0 1 Lot 6, Block 1, Barton McGray Addition 3935 Cedarview Drive CCC 10-13700-070-01 Lot 7, Block 1, Barton McGray Addition 3925 Cedarview Drive DDD 1 0-0 1 900-05 1-06 Unplatted N/A EEE 10-01900-020-07 Unplatted 3990 Sibley Memorial Hwy. FFF 10-01900-080-06 Unplatted N/A GGG ] 0-01900-040-08 Unplatted 3992 Sibley Memorial Hwy. HHH 10-01900-050-08 Unplatted 3995 Cedarvale Drive III 10-01900-080-08 Unplatted 3997 Cedarvale Drive JJJ 10-01900-030-08 Unplatted 3998 Sibley Memorial Hwy. KKK 10-0] 900-020-08 Unplatted 4000 Sibley Memorial Hwy. LLL 10-01900-010-08 Unplatted 3946 Nicols Road MMM 10-01900-090-08 Unplatted 4015 Cedarvale Drive NNN 10-01900-070-08 Unplatted 3999 Cedarvale Drive Feasibility Study and Report Cedar Grove Redevelopment Area 12 PARCEL PROPERTY' I.D. PROPERTY DESCRIPTION ADDRESS 000 10-01900-011-07 Unplatted 3989 Sibley iVfemorial Hwy. RRR 10-01900-012-11 Unplatted 3960 Beau D Rue Drive SSS 10-01900-011-11 Unplatted N/A TTT 10-01900-042-12 Unplatted 3986 Beau D Rue Drive UUU 10-01900-041-12 Unplatted 3980 Beau D Rue Drive VW 10-01900-030-12 Unplatted 3990 Beau D Rue Drive WWW 10-01900-020-12 Unplatted N/A XXX 10-13520-010-00 Outlot A, Beau D Rue Drive Plat N/A YYY 10-13520-010-01 Lot 1, Block 1, Beau D Rue Drive Plat 4030 Beau D Rue Drive ZZZ 10-1320-020-01 Lot 2, Block 1, Beau D Rue Drive Plat 4040 Beau D Rue Drive AAAA 10-16702-010-00 Outlot A, Cedar Grove No. 3 N/A BBBB 10-16702-010-08 Lot 1, Block 8, Cedar Grove No. 3 4018 Nicols Road CCCC ]0-16702-020-08 Lot 2, Block 8, Cedar Grove No. 3 4024 Nicols Road DDDD ] 0-16702-031-OS P.O. Lot 3, Block 8, Cedar Grove No. 3 4030 Nicols Road EEEE l 0-] 6702-041-08 Lot 4, Block 8, Cedar Grove No. 3 4040 Nicols Road FFFF ]0-01900-100-08 Unplatted 4030 Cedarvale Drive IIII 10-16850-090-01 Lot 9, Block 1, Cedarvale Office Park N/A JJJJ ]0-16850-122-01 Lot ]2, Block 1, Cedarvale Office Park 3906 Cedarvale Drive KKKK 10-68060-032-00 Outlot 3, Silver Bell Addition N/A LLLL ] 0-68060-020-00 Outlot 2, Silver Bell Addition N/A MMMM 10-47300-010-O1 Lot 1, Block 1, Marells 1st Addition N/A NNNN 10-47300-020-01 Lot 2, Block 1, Marells 1st Addition N/A 0000 10-47300-030-01 Lot 3, Block 1, Marells 1st Addition N/A A 1 10-68060-040-01 Lot 4, Block 1, Silver Bell Addition N/A A2 10-68060-0~0-01 Lot 5, Block 1, Silver Bell Addition N/A A3 10-01900-020-09 Unplatted N/A Feasibility Study and Repoli Cedar Grove Redevelopment Area 13 VIII. ASSESSMENTS Costs associated with City Project No. 800R are proposed to be set as pending assessments for properties within the redevelopment area. (See Figure 10 for assessment area.) It is proposed to assess properties north of TH 13 for the costs associated with the street and utility improvements north of TH 13 including one-half of the cost to revise the TH 13/Silver Bell Road intersection and traffic signal. The properties south of TH 13 would be assessed for the improvements south of TH 13 including one-half of the TH 13/Silver Bell Road intersection and signal revisions, 100°percent of the traffic signal proposed at Silver Bell Road/Cedarvale Boulevard/Beau D Rue Drive, and 100 percent of the streetscape improvements. It is proposed to prorate the associated costs over the benefiting properties on a lot area basis. Assessment calculations and a preliminary assessment roll have been included in the Appendix. Under City Project No. 800R, preliminary assessments have been developed for properties within the project area. However, it is recommended that the proposed assessments be collected as a Traffic Mitigation Improvement Fee with each development agreement approved by the City as impacted properties redevelop. Feasibility Study and Report Cedar Grove Redevelopment Area 14 IX. REVENUE SOURCES It is anticipated that funds to cover the cost of City Project No. 800R would be provided by the City of Eagan Major Street Fund. City staff has concerns about the impact that the significant cost of this project may have on the Street Fund. Due to the nature of the improvements being primarily for the redevelopment of the area, consideration should be given to the reimbursement of the Major Street Fund by funds collected through a Traffic Mitigation Improvement Fee established within the redevelopment area. As development agreements are prepared for new developments within the Cedar Grove Redevelopment Area, the preliminary assessment of the impacted parcels could be included as Traffic Mitigation Improvement Fees. Payment of such fees should directly reimburse the Major Street Fund. Since the timing of any redevelopment of the area is difficult to predict, as is the ability of the City to substantiate full benefit of the Traffic Mitigation Improvement Fees, the collection of less than I S°percent of the related project costs over the next 10 years may be a realistic expectation. Feasibility Study and Report Cedar Grove Redevelopment Area 15 l~ X. PROJECT SCHEDULE The proposed schedule for City Project No.°800R is as follows: March 4, 2002 Present Draft Feasibility Report to City Council March 20, 2002 Hold Neighborhood Information Meeting Apri12, 2002 Hold Public Hearing. April 16, 2002 City Council approves Plans and Specifications May 1, 2002 Receive State Aid plan approval. May 2002 Advertise for Bids June 13, 2002 Open Bids June 18, 2002 Award Contract July 2002 Begin construction November 2002 Final construction complete Feasibility Study and Report Cedar Grove Redevelopment Area 16 APPENDIX ^ Detailed Preliminary Estimate of Construction Costs ^ Preliminary Assessment Roll ^ Figure 1 -Project Location Map ^ Figure 2 -Proposed Development Concept ^ Figure 3 -Existing Conditions ^ Figure 4 -Proposed Intersection Modifications ^ Figure 5 -Proposed Typical Sections ^ Figure 6 -Proposed Intersection Details ^ Figure 7 -Proposed Right-of--Way Acquisition ^ Figure 8 -Interchange Alternative Concepts ^ Figure 9 -Proposed Storm Sewer ^ Figure 10 -Assessment Area ~~ m~ _ ~a o .~ E °° U W O 'a Z o O O V~ o c ~ •- ~ ~ U .U ~ ~ W N C O C U = m ~, U Q ~ _ _c m E E 'm a 0 a. m m m m 0 C7 m U X H U C U1 m E .~ i Q r y W N O U I W G m U X W M (h ~ r Ch C'7 O O~~y O ~ O Z > N ~U~ ~ ~ N (n S (P3 m p~ c f6 ~ .~ E °o, wZ 0 O~O~ U d o C = ~- ~ ~p U .7 ~ ~ W m C O C U .~ m ~, U Q C ~ E a ~' o d m m v N m 0 c~ U tq X ri ~'-' U C m F .~ a M W N O ryU~ V W G m X _w C7 ~ C7 ~ O ~ ~y O G G 2~> N LL U in ~ ~ N ~ = f `7 ~ ~ N a = U _ N o ° o ~ ~ z O F ~ y Z o < a O Z Q ~ W ~ ~ y N l0 O = v _ ~ h Y ~ U o x ¢ Y ~ Z 0 S y O ~ V O ~ r g = ~ ~ Y Z 0 W F - Q r ~ N C G ~ ' y - O ~ O a V °o f IJ O W w H Y O = U ~~ O Z O 7 O V W V ¢ ~ ~ ~ j Z O V Q ~ Z_ c G J W a r O V V W O O d U W O 7 H O z 3 r w r O Z r x d z 0 W C7 ? = J H Z WO O ~¢ W ¢ m >p xe d W F ~ Y Z O < ~O O; dam ~O a¢ ~ y~ ~ w ¢ z ; w -W-i~~ ~O> W W W 01 ¢ Z Q U J > ~ J W a ¢Y W ~ ¢ O y y p ¢ ¢ Z ~ 4/ Om~00 W.Taa ¢n~ < O W W Z f3mWr~ p<x U 2 >dO xg13 1<L Q W x= J y W Z ? W J U 7 m `~ J y ZOxW~ WJJO W Z < ZZ3¢>Q OON < _U W¢ ~JG QLLnW <20 WV pWj<OSUm F02 y< j O J~ O W W J O O¢¢ ~ F-OZ VOOOJJ W2V =.O JyZJ 2 ozw QiQa7d'~mo3¢¢mwa Q yj W W y< U>~ W< y a ¢ x X J O J d> y Q V6~ 3W¢Oyx~OW-- 7 ~ ul tlf W JT~DY~F 'd' x ~3~<a0~ OH> =yO~~Z Wpg» Q Zy y02~« H W~ H m d W y LL LL 0~~< Y O OZO°¢¢pQ~d000r ~y W U~?yUOP¢-~ZWLL 2 f//~~' y y~y W YYY~ W W yy O fF~H~ W W W 41 OO_ V~¢ O ~~ ¢~ O Z W Z ~~ ~ O W yy¢¢tNl~N¢NyON<Z<~~ N`LLLL<<LL<awaoooa W O Z ~~f- SRF Consulting Group, Inc. H:\civil\047\3731\excel\SEQ_Cost Est\3-20-02_prelim_assessment_roll.xls Comm. No. 0003731 Printed: 3/25!2002 Preliminary Assessment Roll City of Eagan Proj. No. 800R Cedar Grove Redevelopment Area I I COST OF TH 13 IMPROVEMENTS I $2,967,1101 COST OF IMPROVEMENTS NORTH OF TH 13~ $545,3251 ~ COST OF IMPROVEMENTS SOUTH OF TH 13 $6,567,990' TOTAL IMPROVEMENT COSTi $10,080,425' PARCELS NORTH OF TH13 PARCELS S OUTH OF TH 13 PARCEL AREA PROPOSED PARCEL AREA PROPOSED ' PARCEL SQ. FT. ASSESSMENTS PARCEL SD. FT. ~ ASSESSMENTi A 723,052 $449,439 C 282,574 $631,754 ~. B 358,891 $223,082 D 54,102! $120,956' F 18,949 i $42,364 KK 330,185 ~ $205,238 G 18,949 $42,364 H 18,949 ~ $42,3641 MM 25,918 $16,110 I 22,521 $50,350, NN 298,604 $185,608 J 22,521 $50,350! 00 265,063 $164,759 K 22,521 $50,350 PP 261,360' $162,458 L 22,521 $50,350 QQ I 213,967 $132,999 M 20,778 ~ S46,454 i N 29,447 1 S65,835' O 46,217 $103,328; KKKK I 608,751 $378,391 P 42,907 1 $95,928' LLLL I 46,6531 $28,999 Al j 66,995' $41,643' A2 ~ 64,600 $40,154, TOTAL I 3,264,039; $2,028,880 O 33,977 $75,963, R 43,604 $97,486 S 153,549 ! $343,291', ~ T 55,191 ' $123,391 ~ U 8,320 $18,6011 V 58,240 $130,208 W 29,142 ' $65,153 ' X 6,011 $13,439; Y 36,460 S81,514' Z 138,390 $309,400 AA 8,973 $20,061 BB 4,008 $8,961 CC 2,919 $6,526 DD 2,788 $6,233 EE 1,437 $3,213 " FF 7,536 $16,848 GG 392 $876 HH 5,053 $11,297 VV 29,577 $66,126 W W 44,344 $99,140 XX 40,554 $90,667 YY 40,032 $89,500 ZZ 37,723 $84,338 AAA 34,587 $77,327 BBB 20,255 $45,284' CCC 27,356 $61,160 DDD 524,898 $1,173,520 EEE 34,848 $77,910! Page , of 2 S SRF Consulting Group, Inc. H:\civil\047\3731\excel\SEQ_Cost Est\3-20-02_prelim_assessment roll.~ds Comm. No. 0003731 Printed: 3/25/2002 Preliminary Assessment Roll City of Eagan Proj. No. 800R Cedar Grove Redevelopment Area I ~ i I COST OF TH 13 IMPROVEMENTS $2,967,110 COST OF IMPROVEMENTS NORTH OF TH 13 1 i $545,3251 COST OF IMPROVEMENTS SOUTH OF TH 13 , I $6,567,990 1 I TOTAL IMPROVEMENT COST ' i $10,080,425 ; i 1 f PARCELS NORTH OF TH13 PARCELS SOUTH OF TH 13 PARCEL AREA PROPOSED PARCEL AREA PROPOSED PARCEL SD. FT. ASSESSMENT PARCEL SO. FT.) ASSESSMENT I FFF 28,750 + $64,277 ' GGG 17,424 ; $38,955 HHH 12,197 $27,269 1 111 22,216 $49,669 JJJ 18,731 $41,877 KKK I 14,810 ; $33,111 LLL 68,825 1 $153,873 MMM 23,087 , $51,616 NNN 30,056 $67,197' 000 ' 9,583 ' $21,4251 f i , I RRR , 83,075 $185,732• i SSS 419,875 $938,719; TTT ! 43,560 $97,388 UUU 24,829 $55,510 VVV I 77,537 $173,350. W W W i 73,442 $164,195 XXX ~ 138,782 $310,276 ~ YYY 28,750; $64,277! I Z7Z 21,606 $48,305' AAAA ! 186,742 $417,501, BBBB j 11,064 $24,736; CCCC I 11,238 25,125 DDDD 13,547 $30,287 EEE 30,797 $68,853 FFFF 31,189 69,730 IIII 2,919 6,526 JJJJ 4,094 $9,153 i MMMM 16,117 36,033 NNNN 16,117 36,033 0000 24,394 $54,538 3 42,863 95,829 TOTAL 3,601,336 $8,051,545 TOT ASS ESS TARE 3,264,039 + 3,601,336 - 6,865,375 SO. 158 ACRES Page 2 of 2 VILLAGE PLAZA ~i' REDEVELOPMENT ~ AREA ,{ ~~. ..~u~ vwrER NAY JO, RUNNING BRDOK RD, %1 %'~/ 35. COOL S7RfA1A CCR. VV 36. ROCKY RAPIDS NAY ICHFt ec. ~ ' ~~c~~,>~ Jv0 'GUDJ71l III~GR-PGl CITY OF EAGAN C.P. NO. BOOR CEDAR GROVE REDEVELOPMENT AREA PROJECT LOCATION MAP FIGURE 1 a~v.ra-o2 N m Z 2 ~ N ~ W ~ 0 W W U N 2 ~_ W O ~ W W O C (.1 ~ = 1. J V 2 W N Z W D Q Z C N K Q W m ~ ~ ? Svj 2_ ~ W W ~ ~ ~ 2 2' ~y C O ~ I . ' _., \/: - t~ " ~ -l N N W N D Z Z N ~ W ~ V v° N _~ a~ j }( U W V ~ 2 ~ W ~ c7 ~ a' d J W ~ C m Y ~ ~~ ~ Q ~ V1Q ~ NNZ Y m ~ S (;~ W C7Z W cN J W W V ~ ~ V1 ~d z O J y~~ 1 = Z H vi ~ ~ 4 ~ Z W ~ W r0 W ~ Q ~ C 4 ~ ~ < ~ N i J ~;o az t W 3 W m C C) WG~ y, ~ ~'~ W LL Z `~~ O Q 1' JJ W Q Z N ~ J W ~ C r Z ~~~ W goQ N Q Z Y Q a W U C w a ~ N h~l w a W Z O LU r Z ,, W ~ ~ a ~ a ~J m oW ~ ~~ a ~zp wc~i0 ~ w O p (/~ o ~d~ d N UFO ~, c U ~ ~ a a a W Z ~~ Q~ U W J Q W V Z 0 V z_ ~"' .J 7 t 0 V Qom O z N ,,; i II 111 :` 1 ~ \~/// i i /: / I 0, I Ir 111 i1 \~ \ ,`,iii ~~ I i i' 61 1 11 ~--,~ / J~~/j~ ~ i O I i 'l~ 11 iii !I~ - `\~. o. ~-'~ ~~ ~ ~' ~ ~ ~\~ ~~. ---------~~------~ I ~j I III ~ ~~ ~~ .~, ~ `` ~•~ ' \ ~~ 10 111 _ ~ ~ i/ ,C ! ~i~~ n n // / ~ 110 1 I ~ -./ /f'i~~~ ;, .\. SILVER~_~BEIL Rp ~,~!~. I~~ ~. ~'~~~ ~~' O O %~ `~ 1 •• G r ti_ - ---= ^-~---•--•- , v ----- - /vim ~.. ~, ,, 1 ~ ~ ~r r ~ O / ©~ f y, .. ••~ •~ ~~ \\ 1 r' I I 11~ ,Fi ~~\\ ~,Q ~/ M b I l I~ r- 1~ I 11~ ~~ ~' ~ , ~ , , , ~ 1 ` -- --- --- ~v-• m l // 1 I I ~'i ! I G ;' ~ i i ~i i i i ®~'` ® i ir~~ _ I / ;-I-- ~_ --------- I ~' ~~ 1 'I ~.I I - /.. I 1 1 I I ~- __~____ -- - ~ I -~~ ~_ / ~i/ ~ I f al I ~ l ~ i t ~ I 1 I I L-_ 1 ~+ ~ 4 ./ j' 1 1 '~ I ~ I~ JMrnYa 1 S I'~ O I~I ~, l i i I '~ --~ 1 1 I I c r j ~ ~- I ~ ~, 1 ~--I ~- ~~, O, 11 1~ ~ i I 0 I ~ _. __--:J ~ 1 ~`-- OUT~OT 0 ~.r ~• -~ r~r 200' I _- AAHIV -R0. f,:.t-, _ ! _- =_= ~ 1 rl ~ ~ ~~ -~~ ~ ill _ _ ~{ 1 ~ I \\ \\ /• X \~`: \ S \ // /~ -- / / ' w -- ~~~ '-~/> -~\~ \ ` ~` \<<G ` / ~~~' 0 200' \ ~ \ ~ \ \ \~A~ \ / , /vim. \ ~ >\ \\ \v \ \, ~ , ~. \ / i i/ / //~ \ \ / 1 ~ ~ I ~ \ ~~~~ . , /~%~/FUTURE /~~/ ~ ID \~ v /,i TRAIL ~ ~~,a°~~~~ /// `~ f ~~ C~ REVISE SIGNAL //'\J\\\ ~ ~///~ / --~~'`~ ~~ i/~f ,~~ 1` \\~ I II ~ it I - - _ ,~'' / PROPOSED i \\ ~ ~ I jl , `12-___ -- ~~ / , ~ ' BIT. TRAIL /' \~~ ~ vER_~E.L~ R~. r. / / ' / >s; ~~/ Imo/ /'i/°' \~ t I ! ^ ~ I\ ID / ~~ ' -- _- \ I ROP SED STGA~ L ~ IIIf''**"11~~ // ~~' ~ ~ ICI , / -- / , / \ - BIT. 7 AIL ~ I ~. I ' / ~/ \ I I I // j ~ ~ tr~n Cif vwitry I , 1 10 I J I /~ // \\ I ~- T -1 I 1~ \ \ '_ '1 I \ \\\ ~ / ~, ~ ,~ \ \\\~ 5 p i ~ \ \\ ~ \\ ~ ~ ' 1 \ _ f ,~ ! ~ \~ ~ ~ \2 \ `ter ,/ ~ ~, , , \ O 1 I \ y \ .-. \ ~ i ` PJ / --~ ~ \ \ CITY OF EAGAN FIGURE C.P. NO. 800R CEDAR GROVE REDEVELOPMENT AREA 4 Coa~ulting Gmup, Ine. ,~; .~,;,, ,,,~,GR F~ PROPOSED INTERSECTION MODIFICATIONS REIN.?-" .' ~D 0 ?~+ , ice ... ~~.~ .~ -- m~ = u l J o V _ aa r 7 O o ~}. 6 ~ J y ~ ~ ~, J a e - - - -- -- -- W 5 - > o Z ~ o _ ~ ~ ~ W s F- ~ ~ > C Y G ~ W W u ~ ~ J x .. ~ o Q ~ , m J Q W ~ J y~ m Q ~ ~ x ~ ~ a W 3 J Y Q W - w (~ Q V ~ W Q m ~ ~ 0 0.' i y,~ J ~ ~ ~ N Q i w ~ u m r u ~ Q • ~ ~ „~ u OC w x ~ o ~ ~ ~ _ g J ~ z N Q N . ~ ~ m N W J Q w• - ~ _ --- - p --- a -- -- er ~ p , fai ~ 'r ~ ~ a •^ o ~i,' r W N it / , V 1/~ y , N N j W c~C I Q I W OC Q ~ O (n ~ O z ~ W W U Q 0 ~ ~ -~ } F- a U~ ~ U Q V LPL W U V ti ` •i ~iti s ~' s ', 1 ~` //~ / 11 ~// 111 J'~-~a i ----- - -----~~~=«~s__ ~ ~-J ~~ 1------------~ -------- ~~ <~ ~`\ r~ ~` p ~ ~` 1 'I ~> _ __ _~ _ ____--- `-_-~- qg ~,~ a ~~ i~i_ ~~ ~~ ~~ /~ I ~. 1 ~i~ • 6 CEDARv RfVTSE SIGNAL ---------------------- r m W m r r ~.., p 100' •~ %~ / \\ / ~ ~, / ~ v CITY OF EAGAN C.P. NO. 800R CEDAR GROVE REDEVELOPMENT AREA Couiulting Group, ItK. PROPOSED INTERSECTION DETAILS JoD 'OOOJi 31 flea GR-FGo ~ ~/ ~/ ~~ l ~/ . FIGURE 6 Re:. ~~ ^ ,~ ~ ~ ~: 1 11 ! ~i I i i 1 1( Il 11 I i i' I I~ !it ,l I ~~ 11, ~ ~~ i I ~,~ 1 h! i r I - ~' 1 II I11 I ~ i ~ I ~! 111 ~ 1,~ ~ ,IlII ,~ ,! l 11 1 I ~, I II Ill ---------~s------~ 1 ~((~ i ~l rrt U U ~ ~ I'i~ ~ ~i rl r----------- 1t ~ 11 ~~ _ -~,_-.~---`'----------~3 `_ ._ ~~- ~, !' ~~~~ ~ ~~ ' .. uE' Ir; r 1 ~ 1 __ ~~~.©1 ~ ~'~ II r~ rl I 1 1 ~ ~ I I ~~ 1 ;I ~; I IrM I~ 11 ~ r I I 11 = ~' ~ ~ i ~ ~ ii ~ ~ f ~ 3 ~ y:< ~ ii 1 ~ ~ i 1 /~~ 1 ~~ ~ I ' ti 11 i ~ ~ ~ 1 ! I j~ 1 1 I I i ~ . ~~ II 1 I I /i~ i // j i I ~ I j 1 1 ~ //i% // ~~ /~ ` //i i 11 1 f I I 1 1 I I I f / 1j I / I I i r; I 1 1 I ;,. ~ 1 ~ ,. , ; , 1 r ~ ~ i ~ ~ ~ - I t % ! ! i r <c / f i io LEGEND ~ ~ / I V I PROPOSED / ! I ZO~~ ACQUISITION ~ ~ C O r 1 PRppp5E0 ! 1 CO-IMERCIAL ! I ACQUISITION ! / __ , / ~ V~ /!Ql~ // // ~;, ~..~~ ~(; S 1 Uc l~ -~, ~~ ~\ ~~ C c CONVENTIONAL DIAMOND INTERCHANGE Q os ~~ e ~ '~ . X a ? n~ ~S 1 CITY OF EAGAN FIGURE C.P. NO. 800R CEDAR GROVE 8 ~,~,,,,,~~~,~ REDEVELOPMENT AREA ,,,,~,,,,,,,~ro~EPT INTERCHANGE ALTERNATIVES CONCEPT ~.ra-02 FOLDED D[AMOND INTERCHANGE SINGLE POINT DIAMOND INTERCHANGE ~, ~ L \ \ \ \ \ am ~''~ ` \~ ~~~ \ sf~ \ \ \ ~i `~ \ \ F __ ~ M -~- ~~~~ \ i - ~ ~ \ B Y . \ \ \~ ~~~~ G7 \ \ ~ \ \ ~ ~ \\ ~ \ ; \ \ ~ ~\ ~ ~ ~ ~\ \ \ \~ \\\ \ \ \\\ \ 1 I \\\ I ~ \ \ \~ ," x / ~ / / / / ~ // / ~i~ // / ~~~ // //i' O ZQ~~ i , ~i / ~' ~ , i // ' ~ /iii ~ / // ,~/ ~ /iii / / /iii/ ,~ / // LEGEND PROPOSED MEDIAN a PROPOSED ROADWAY _ -~~ PROPOSED STORM SEWER ))~ PROPOSED S70RM APRON ~» PROPOSED CATCH BASIN / I ~ ,v ,~ _ `fi ~/ `~ r ~ p //\1\\ % l /~ I / _ ~~ I - _ I ._.--~`/~ ~ ,jam `Z`'i //~ \ I ~ ~ I it I'L__ J _- _ / \ / / ---I~'/ ~~~ // \ ~ ~i / / ,, r ~ ~ / / n.sa I /~/~/ , //, // /a \\ I I • ~ \ I I /~/~/ // I ,/ / \\ I 3 2^ ~ I -y O ~ I ice/ // ///~ I• _________ _________ I j ~ / \ ~_ ~ I / LLL.....111111 /, / , ~\ r.in to voWrry `~~' I -I , ((''''''~~ _ ~ I ~~ '^\\\ rxont \ / ~ \~ I I I 1 Q \ \ m s/ ~0// l ~\ `~° \\~ i 6 ~ c \ Q.,,.. ~ \ \ ~ \\ \ ~ 1 'r,4 \ / \\\ , ~/ t t.avai• tan.. /~• ; ~ ~ \`\ ~ \Y ti ``~~ /~ // 1 , o 1 v \ J, \ CITY OF EAGAN FIGURE C.P. NO. BOOR -'-'- CEDAR GROVE 9 REDEVELOPMENT AREA Consulting Gmup, Ina PROPOSED STORM SEWER P~...2--0~ Jo0 •000J7Ji !lie: ,R-Fu9 ~~ c~.W~ cep, tK. bD •(X70373/ Ills Clt-fp CITY OF EAGAN C.P. NO. 8008 CEDAR GROVE REDEVELOPMENT AREA ASSESSMENT AREA FIGURE 10 REV.2-ad2 INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 800R CEDAR GROVE ACCESS MODIFICATIONS MARCH 20, 2001, 2:30 P.M. COUNCIL CHAMBERS Attendance: Russ Matthys, City Engineer; Jim Dvorak and Matt Hansen, SRF Consulting Group, Inc.; 12 persons representing 11 properties. A. Welcome and Introduction Russ Matthys welcomed the property representatives and introduced personnel in attendance. B. Presentation. Consultant Hansen presented the details of the Feasibility Report. C. Questions/Comments 1. Can a Planner call Silver Bell Shopping Center owner to discuss the City's redevelopment ideas? Yes, staff will be contacting you. (Ridley) 2. Why is Parcel A3 included in the assessment area? Why have the assessment boundaries changed from the original report? It is currently included within the limits of the Cedar Grove redevelopment area which corresponds to the assessment limits. 3. How do bicycles cross TH 13 or new Silver Be1U Beau D'Rue intersections? In marked crossings/cross walks. 4. How are TIF dollars used? Typically used to assist redevelopment by funding building rerrtoval, utility relocation, etc. May be used for financing infrastructure improvements, but would reduce amount available for aforementioned items typically found in redevelopment areas. 5. Please explain the increases in the cost of Project 800 over the past year? Actual costs for the right-of--way acquisition; the addition of significant streetscaping; substantial improvements to T.H. 13, including left turn lanes and widening to 6-lane design, in response to traffic study results of AUAR. ~~ 6. What about adequate storage of vehicles between Cedarvale and T.H. 13? Proposed street improvements are significantly wider, with 6 lanes, for outbound traffic to address short distance between intersections. 7. Are MnDOT dollars being used to finance these improvements? The City Council approved the application for funding due to the benefit to TH 13. In February MnDOT notified the City that funding was not approved for Fiscal Year 2003 (Begins July 1, 2002). 8. Why should Cedarvale property owners pay for improvements for T.H. 13 that are needed due to Blue Cross/Blue Shield expansion? Improvements on TH 13 are not wholly due to the BCBS expansion. The growth in traffic in the area as well as the redevelopment of Cedar Grove area would justify the TH 13 improvements. 9. How long will the pending assessments be attached to the parcels? It is not fair to saddle the property owners with pending assessments. The improvements should be paid for with general City funds. How can the City assure the property owners that their pending assessments will be reduced when recently acquired property (doughnut shop, poultry building, etc.) is sold? How will the project get paid for if redevelopment does not occur? Are any of the improvements going to be paid for by TIF? Unknown how long assessment roll could be pending at this time. No plan to hold assessment hearing. Council plans to reimburse street improvement costs with development agreements as redevelopers submit plans. You may ask the Council to reduce or remove pending assessment, specifically if your property is not expected to be redeveloped. Financing has yet to be determined. lO.The City is accommodating people leaving, how about coming in? Pending assessments are going to scare away potential developers. I would suggest that you have interested parties talk to City staff about the redevelopment details. Staff has already spoken with some interested buyers in the area and have explained potential improvements and assessments to their satisfaction. 11. Blue Cross/Blue Shield should take responsibility for the costs of the improvements on TH 13. Major Street Fund or advalorem taxes will finance a portion of the costs. All taxpayers in Eagan will be contributing through these financing sources. BCBS states that it contributes $4.4 million in taxes annually. 12.I have significant concerns with pending assessments!!! 78 13.Did traffic study include future traffic? Yes. Traffic study was also done in conjunction with Blue CrossBlue Shield development analysis. 14. Will trucks be able to make it into McDonald's and Silver Bell Shopping Center with proposed median? Yes. 15.Is it possible to break out the improvements to TH 13 (to a separate project) to lighten the assessment burden? Improvements to TH 13 were not in the Village Plaza report. Will not change the financing options or solutions that have to be determined. 16. Why should the bowling alley and Jepson's be included in the assessments? They are part of the future plan and not scheduled for "redevelopment". 17. Can the City proceed with a $10 million project when the public was notified that the project cost was $7.5 million? Yes. Assessments may be limited by $7.5 million. 18. How important is the street scape work? Traffic has always been the main concern. 19. Will access to the businesses be maintained during construction? Will there be adequate signage during construction to direct people to the businesses? Yes. G:RM/2002/MISC/MINU'rES/Proj.800R Cedar Grove Access 03-20-02 79 r NEIGHBORHOOD MEETING . CEDAR GROVE ACCESS MODIFICATIONS PROJECT 800R WEDNESDAY, MARCH 20, 2002 - 2:30 P.M. NAME 2. ~i~ ADDRESS 3999 C.~n~-~ a ~ ~„~ 3syy ~cJ~.,~4~~ J~ ~ IL y6n J~'t E~-L ~? a .~3c! OHtits [Ar/s.l~~~r~ 5. 6. 11. `i... 12. d.,~ °o (S 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS/SIGN-IN.Sheet 3 ~~ s c~v~ ~ f~~~~ ~ ~2 ~ ~ 3 ~'~cL c~C /~~ ~_ 3~P~ C~~~~-~; cw i~ ~~ 4. V QS o B E Q NA_ 1Zn/ TO: The Eagan City Council and Mayor Awada 3/22/2002 FROM: Hugh Fitzgerald, Cedarvale Bowl, Inc. RE: Project 800R On March 20th, I attended the Informational Neighborhood Meeting on Project 800R. My reaction is as follows: 1. The scope of this project bas grow way beyond any rational level. The original feeble effort of Cedarvale businesses to help our area was a +/- $10,000 area assessment to mow and get a sign. We wished at that sometime something more could be done. As Mr. Matthys said at the meeting "be careful what you wish for." Truer words were never spoken. Our wish has grow into a $10,000,000 nightmare. Our area has been called an embarrassment and blighted. We have had our name changed; and now we aze being asked to collateralize a $10,000,000 boondoggle. The azea needs to have the intersection improved and I for one am willing to pay my fair share. But to ask me and my fellow unfortunates, to all alone, pay for monuments, fancy light posts, textured walkways, two more turn lanes on Hwy 13 and (for Heaven's sake) a through lane on Hwy 13 is right out of some bad movie. 2. The burden of 800R must be shared by all those who benefit. There aze properties who will benefit from the realignment of the intersection who aze not being asked to share the cost. This is plainly unreasonable and unjust. The monumentation and beautification of the entrance is nice and it is part of a city wide effort; and as such, its cost should be shared by all in the city. The widening of Highway 13 clearly benefits and even wider azea and should be assessed accordingly. 3. The revised intersection only partially solves present and future traffic problems. The revised 800R does a good job in moving cars out of the azea, especially down Silverbell and on to Hwy 13. This a benefit to commuters going to work and helps handle the future anticipated traffic from and to the expanded Blue Cross area. Right now if someone wants to come into the Cedarvale area, they have at their disposal 2 lanes on Cedarvale Blvd. and 2 lanes on Beau de Rue. After the $10,000,000 assessment to improve access (in and out), there will be only 21anes into the area (1 on Blvd. and 1 on B de R). And to make matters worse, the area will hopefully undergo a renaissance and the number of cars going and coming will greatly increase. And now we have only 21anes to handle a situation that 4 lanes had trouble handling. The experts tried to assure us that their computers thought differently and that 2 is really bigger than 4; however, they didn't fool us. And they will not fool a developer who can plainly see that to get into the area and to his or her new project, the customer or client will have to pass through a 21ane bottleneck g/ 4. What is a Pending Assessment and how long does it pend? For example, Cedarvale Lanes (S on the map} is about to be burdened with a $343,000 pending assessment. This is our share of the cost of 800R. What happens when the city sells land it owns as the result of a taking? Will the proportional dollazs from the sale be credited to our pending assessment? What about interest due the road improvement fund? Will my pending assessment grow yearly due compounding interest (if the project stalls) until the amount owed exceeds the value of my property? What happens if Cedarvale Lanes never "redevelops"? Will the assessment hover there "pending" over the heads of my children's children? 5. W>bat to do? Reduce the scope and cost of 800R. Get the roads aligned, period. Make sure that the cost of the reduced 800R is properly shazed by all who benefit. Pay for beautification, monuments and landscaping from general funds. Wait on Hwy 13 until there is a lazge and committed development project for the area which would warrant and fund such an expenditure. ~~ Agenda Information Memo April 2, 2002, City Council Meeting B. OAKBROOKE 5TH ADDITION (LOTS 1 & 2, BLOCK 3) EASEMENT VACATION AND FINAL PLAT (OAKBROOKE 7TH ADDITION) HEDLUND ENGINEERING ACTIONS TO BE CONSIDERED: Approve the Vacation of public drainage and utility easements within Lots 1 & 2, Block 3, Oakbrooke 5`~ Addition and authorize the Mayor and City Clerk to execute all related documents. To approve a Final Plat to reconfigure the interior property line between Lots 2 and 3, Block 1, Oakbrooke 5~'Addition (Oakbrooke 7a' Addition) located in the SW '/o of Section 21. FACTS: • On February 15, 2002, City staff received a petition from Jeff Lindgren of Hedlund Engineering representing the property owner, Pulte Homes, requesting the vacation of all the existing drainage and utility easements on Lots 1 & 2, Block 3 Oakbrooke 5`'' Addition, east of Johnny Cake Ridge Road and south of Deerwood Drive in central Eagan. • On March 4, the City Council received the petition for these vacations, and set a public hearing for Apri12 to consider vacating said drainage and utility easements. • The purpose of the request is to allow Hedlund Engineering to re-plat the two lots in question in order to adjust the shared lot line. Due to a construction staking error, a home under construction on Lot 2 is being built approximately two feet from the existing southerly lot line. The new lot line location will provide a setback of 7.5 feet, meeting the requirements of the approved plan development. • The easements were originally dedicated to the City as part of the Oakbrooke 5`'' Addition as standard lot line easements. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. • On August 4, 1998, the City Council approved the Preliminary Planned Development and Preliminary Subdivision for the Oakbrooke development with conditions to create 313 single family lots on 117 acres. • The Final Subdivision for Oakbrooke 5~' Addition was approved in May 2001. • The property is zoned Planned Development (PD). Lot 1 is proposed to be 10,974 square feet and Lot 2 is proposed at 15,567 square feet in area. • The Oakbrooke Alcove street frontage for Lot 1 is to be reduced from 71 feet to 65 feet and Lot 2 is to be increased from 64 feet to 70 feet. ATTACffiVll/NTS (3): • Location Map, page • Legal Descriptio Graphics, page to • Final Plat, pageS~ to l3 r; ~,r a~ ~ ur ~r Q~ ~-./ ~~~ ~~. h1 ~ C PG ~~ ~~ ~? ,~1 ~ A ~ ~ ~. .~ ~ ~ ~ ~ ~ ~ a ~' ~ ~ ~° ~ ~~~ ~m4.t ~ .~ ~~ «a~~ ..~ ~,~ a. mY 1~ ~O~ R.w ~~ Aim 4 ~~ O~ t ~ , Os .I. 1 R O ~` ~ ~ ~ ~T ~ ~ ~~ p © ! iIOW ~~~ b "' ~ tnsn~oa w. iro ~ (Z_ ui . ~~ ~..,~~ EASEMENT VACATI ~ ~~,~ '~' ~"~' LOCATION o- ~. I ~ n. ~ 37 F ~~ ~ ~ (minim aan wn • (ea~at3 n ~~ ~ ~ ~a S Q Y ~ ~G ~ _ t I G Q P .~ ~ s ~ fi 3 L _ ~ p p ~ ~ Q t 1 ~ aD ~r ~ e c j a ~ 0+4 a .o ~a .ant / CUFF ROAD ~ t m o. n t '¢s• ta.~ ~~ ~ ~ ~0 ~ 0 Easement Vacati ovation Map Oakbrooke 5th March ~ 4, 2002 City of Eagan Lots 1 & 2, Blk 3, ~ ~ ~ t ~U ~ ! :L 4 Y ~d( yi ~.J a V Q ,`` ~~ ~.7 a .~ 9~ ~~ ~~~ •. ~~~~ $~ ~~ sx~~ ~s> a~~ 0 O D Q 0 0 O ~e _~_ ~~ 8 °~ 4`°~ ~ 3Nii " ° "~ ~ H1yry i ~: i ;~ iii / e. k`y,~i...:i' /~ k 'h~7 . 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I ~ ~ Z ~~' 71 ~ .\ - ~5 ~ / ,•. ^_ _ r• . ~-I`z- W .~_, N ~=~= Agenda Information Memo Apri12, 2002 OLD BUSINESS A. PENALTY HEARING -SUSPENSION OF LIQUOR LICENSE FOR CROWNE PLAZA HOTEL ACTION TO BE CONSIDERED: To approve a resolution accepting the Administrative Hearing Officer's report and to determine the civil penalty to be imposed and the length of the suspension of the liquor license for the Crowne Plaza Hotel (formerly known as the Holiday Inn Select) and set the beginning date of the suspension. FACTS: • Since March of 1999, the Police Department has conducted eight compliance checks at the Crowne Plaza. Hotel. The establishment failed compliance checks on March 12, 1999, August 28, 2000, November 8, 2000, January 31, 2001 and November 16, 2001, by serving alcohol to a minor. The four violations that were addressed at the hearing occurred between August 28, 2000 and November 16, 2001. • Eagan City Code Chapter 5, Section 5.02, Subdivisions 4(G) and (H) identify the hearing procedure and related penalties for those establishments who fail compliance checks. The language in Subdivision G states that a hearing shall be mandatory in the event that the City Clerk records three violations in one year or four violations in a three-year period. The purpose of the hearing is to determine if the violations occurred as stated in the police incident reports. While the ordinance allows the City Council to appoint an independent hearing officer to conduct the hearing, the Council must determine the penalty to be imposed. On June 19, 2001, the Council approved an ordinance amendment to Chapter 5, Section 5.02, Subdivision (II), which identified the civil penalties for liquor sales violations. The ordinance states that, upon the fourth offense within a 24-month period, the license shall be suspended for not less than seven days. In addition, the licensee shall be subject to a civil penalty (monetary) as determined by city council resolution. The monetary penalty for a third offense in a 24-month period is $250. • Under the City Code, which adopts the State Statute language, the City has the ability to revoke the license, suspend the license for up to 60 days, or impose upon the licensee a civil penalty up to $2,000 for each violation, or impose any combination thereof. A civil penalty of $750 would help the City cover its costs and would be consistent with what other cities charge as a civil penalty for a fourth offense. • At the January 22, 2002 City Council meeting, the City Council directed the City Clerk to schedule a mandatory hearing for the Crowne Plaza Hotel (formerly known as the Holiday Inn Select) regazding the liquor sales violations that occurred at their establishment. The City Clerk was appointed as the hearing off cer for the proceedings. 87 • The administrative hearing was conducted on February 26, 2002. The City Clerk's Findings of Fact and Decision find that the four violations did occur as reflected in the police incident reports. As such, the City Clerk is forwarding the findings to the Council for the purpose of providing for the deternunation of the civil penalty and the penalty period for the suspension of the license. • If the Council suspends the Crowne Plaza Hotel liquor license, it is recommended that the suspension should begin on Sunday, April 14, 2002 to allow sufficient time for the hotel to inform their guests of the imposition. • As additional information, the City of Apple Valley suspends liquor licenses for not less than seven days upon the fourth violation. For the same offense, the City of Lakeville suspends the license for 18 days and the City of Burnsville provides for revocation of the license. ATTACHMENTS: • 'strative Hearing Report containing Findings of Fact and Decision on pages ~ through ~~~ • Resolution accepting Findings of Fact and Decision on pages through ~. • Excerpt of Eagan City Code Chapter 5, Section 5.02 on page S~ ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATIONS - CROWNE PLAZA HOTEL Eagan Police Case Files 00-6309; 00-8229; 01-0761; 01-8818 Issue Did the Crowne Plaza Hotel-Minneapolis Airport/Fagan (formerly known as the Holiday Inn SelectlMinneapolis Airport) violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter S on August 28, 2000, November 8, 2000, January 31, 2001 and November 16, 2001 by serving alcohol to a person under the age of 21 ? Background On January 22, 2002, the Eagan City Council directed that a mandatory hearing be conducted for the Holiday Inn Select (now known as the Crowne Plaza Hotel) since four violations in a three-year period involving the serving of alcohol to a person under the age of 21 had been recorded at this establishment. As City Clerk, I was also directed to serve as the hearing officer at the administrative hearing. The hearing was held on February 26. In attendance were: Todd Byhre, General Manager - Crowne Plaza Hotel; Rodney Davis, Food and Beverage Director - Crowne Plaza Hotel; Brian Stansbury - Banquet and Restaurant Manager of the Lone Oak Cafe - Crowne Plaza Hotel; Kevin McGrath, Patrol Sergeant -Eagan Police Department; Steve Grimm, Patrol Sergeant - Eagan Police Department; Mike Fineran, Detective -Eagan Police Department; and myself, the administrative hearing officer. Findings ojFact August 28, 2000 -Case No. 00-6309 Sergeant Grimm provided background information regarding the first incident, which occurred on August 28, 2000 at 6:42 p.m. He indicated that he and a volunteer citizen, Jean Seidel (picture submitted), were approached by Julie Nelles, the bartender in the bar area of the hotel. Ms. Nelles asked what they would like to be served and Ms. Seidel responded that she would like a MGD (Miller Genuine Draft). He said the bartender then asked for Ms. Seidel's license, which was a provisional driver's license that clearly indicates the person is under the age of 21. The bartender looked at the license and said, "78", gave the license back and proceeded to serve Ms. Seidel. Sergeant Grimm then identified himself as an officer with the Eagan Police Department and asked to talk privately to Ms. Nelles and the manager on duty, Frewoini Haile. Ms. Nelles was issued a citation, appeared in court, pled guilty and paid a $70 fine, in addition to a $30 court fee. I asked Sergeant Grimm about a question that had been raised by Mr. Byhre with regard to the use of improper ID by Ms. Seidel. Sergeant Grimm stated that a proper Minnesota provisional driver's license was produced. Mr. Byhre said that on one occasion, a letter 89 was sent to his attention.from the Eagan Police Department following a compliance check indicating that the violation was not going to be counted; however, he was unable to find the letter. He said that based on Ms. Nelles' `78' comment when looking at Ms. Seidel's license, Ms. Seidel would have been 21 at the time of the compliance check. He added that Ms. Nelles pled guilty because she was a single mom and paying the $100 fine was cheaper than having to attend an additional day in court. He further added that he was unable to persuade Ms. Nelles to come to the hearing since he had fired her for theft. Sergeant Grirnm said that the bartender may have verbally stated `78' but that was not what the license indicated. Sergeant Grimrr- reiterated that the provisional license has a black bar on the top of the driver's license that distinguishes it from an adult driver's license. November 8, 2000 -Case No. 00-8229 On November 8, 2000 at 4:20 p.m., Detective Mike Fineran went into the bar area with an 18-yeaz old volunteer citizen, Kristi Guenther (picture submitted). The bartender, Lisa Stenerson, approached them and asked what they wanted to drink. They each ordered a Bud Lite. She served both of them the beer they had requested. Detective Fineran identified who he was and asked Ms. Stenerson to contact the manager on duty, Chris Jackman. Detective Fineran obtained the necessary information from Ms. Stenerson and mailed the citation to her at a later date. The disposition of the case included Ms. Stenerson pleading guilty to the charge and paying a $20 fine. Mr. Byhre had no additional comments regazding this violation. January 31, 2001- Case No. 01-0761 On 3anuary 31, 2001 at 7:22 p.m., Sergeant McGrath and an Eagan High School student who assisted in the compliance check entered the bar. The bartender, Anne Marie Rybarczyk, served the student immediately. Sergeant McGrath met with Ms. Rybarczyk and manager Frewoini Haile. Ms. Rybarczyk readily admitted the violation and was later issued a citation. Sergeant McGrath added that Ms. Rybarczyk's boyfriend, awell- known attorney, was at the baz at the time of the incident. Ms. Rybazczyk's boyfriend later represented Anne Marie with regard to the citation. Ms. Rybarczyk pled guilty to a public nuisance and paid a $50 fine and a $30 court fee. Mr. Byhre stated that he was not aware of the violation until two weeks after it happened because he was hospitalized at the time. He added that Ms. Rybarczyk's description of the incident was significantly different than Sergeant McGrath's. Mr. Byhre said that Ms. Rybarczyk's account of the incident was that she served the officer who picked up the bottle from the table in the bar area and then removed it. She further said that she chased after them. Mr. Byhre qualified his testimony stating that he wasn't present and couldn't say for certain what happened. He submitted an a-mail from Ms. Rybarczyk indicating she was charged under the most unwarranted of circumstances and that she ~D was not convicted of the charge. Mr. Byhre said that Ms. Rybazczyk is a realtor and a single mother who was unable to attend the hearing to testify. Sergeant McGrath said that the comments conveyed by Mr. Byhre were grossly inaccurate. He added that Ms. Rybazczyk did not chase after them and that he took the beer as physical evidence. He further added that Ms. Rybazczyk told him that her boyfriend had made a comment questioning if the police did not have anything better to do. November 16, 2001- Case No. 01-8818 On November 16, 2001 at 6:32 p.m., Sergeant Grimm and volunteer citizen Carrie Phelps (picture submitted) sat at the baz in the hotel. Christian Teran, the bartender and also the supervisor on duty, approached them. Ms. Phelps asked for a Miller Lite tap beer as did Sergeant Grimm. Mr. Teran placed the beer in front of each of them. Sergeant Grimm told Mr. Teran he was with the Eagan Police Department and they privately talked about the incident. Mr. Teran said his employer had instructed him to ID everyone. He was issued a citation that was mailed to him at a later date. He appeared in court on December 20, 2001 and the sentence was continued for one year as long as no similar violations aze committed. He was ordered to pay the $50 court fee. Mr. Byhre had nothing further to add with regard to this incident. In conclusion, Mr. Byhre said that new employees aze required to sign off on the liquor policy (submitted) and participate in training. He added that liquor issues aze addressed at quarterly meetings. He commented on how difficult it is to train employees to follow proper procedures because so few minors come to the bar given their type of establishment. He said it is difficult to keep people on the lookout for things they seldom deal with. He mentioned that they have implemented a new policy, which rewazds servers with $500 cash for successfully passing compliance checks. He said that serving to anyone under the age of 21 may result in the loss of their job. He also said the food and beverage director was fired following the November incident because of his nonchalant attitude about the incident. He noted that punishment alone has not resulted in employees adhering to the proper procedures. Mr. Stansbury said that since he has become the restaurant manager, he has contacted the Department of Public Safety, Alcohol and Gambling Enforcement Division (AGED) to obtain a 2002 ID book. He has also contacted liquor purveyors to obtain calendars to assist in identifying the appropriate birth dates of those individuals eligible to drink alcohol. He added that Brian Kringen, with the AGED, will be providing training to their employees in March. He further added that pre-shift meetings are now conducted on the importance of this matter. He also said that no kids are allowed in the bar area. Sergeant Crrimm asked if the hotel employees had participated in the training previously provided by the Eagan Police Department. Mr. Byhre indicated that a representative from the hotel had attended. He mentioned that they have hosted a training session ~'1 conducted by Dakota County at the hotel and have also sent their employees to similar training off-site. Decision It is my decision, based upon the testimony presented by officers of the Eagan Police Department and representatives of the Crowne Plaza Hotel, that the four violations did occur as identified in the incident reports prepazed by the Eagan police officers. As such, Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (I~ states that, upon the fourth offense in a 24-month period, the liquor license shall be suspended for not less than 7 days. This matter will be placed on the Apri12, 2002 City Council agenda thereby giving the City Council the opportunity to make a determination as to the civil penalty to be imposed. Dated: T ~ ,~,C,~. ~~/g~ ,?CL ~~-- Signed: ~~ ~Ci-~`--w- 7~ cZ~L- Maria Kazels Administrative Hearing Officer g~- CITY OF EAGAN RESOLUTION A RESOLUTION IMPOSING A CIVIL PENALTY AND SUSPENSION OF LIQUOR LICENSE FOR THE CROWNE PLAZA HOTEL WHEREAS, the City of Eagan (the "City") has issued licenses for the sale of alcoholic beverages to the Crowne Plaza Hotel (the "Licensee"); and WHEREAS, illegal activities have occurred on the licensed premises of the Licensee, specifically, service of an alcoholic beverage to a person under the age of 21 by employees of Licensee on August 28, 2000, November 8, 2000, January 31, 2001 and November 16, 2001, in violation of Minnesota Statutes; 340A.503; and WHEREAS, Chapter 5, Section 5.02, Subdivisions 4(G) and (H) of the Eagan City Code address the hearing procedures and related penalties for liquor establishments who fail compliance checks by selling alcohol to persons under the age of 21; and WHEREAS, the ordinances state that the Licensee must be given an opportunity for a hearing either by the City Council or an administrative hearing officer before any action may be taken; WHEREAS, the Licensee has had an opportunity to be heard at an administrative hearing held on February 26, 2002, presided over by the City Clerk who served as the administrative hearing officer, and also at the City Council meeting on Apri12, 2002. WHEREAS, the City Council has reviewed the Findings of Fact and Decision of the administrative hearing officer. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby adopts the Findings of Fact and Decision of the administrative hearing officer; and BE IT FURTHER RESOLVED that the City Council imposes the following penalties: 1) Suspension of liquor license for a period of days with the beginning date of the suspension to be , 2002. 2) A civil penalty in the amount of $ due within 30 days of approval of resolution. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Kazels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regulaz meeting thereof assembled this 2nd day of April, 2002. Maria Karels, City Clerk 9~ Excerpt of Chapter S, Section 5.02, Subdivisions 4(G) and (1~ G. Hearing. A hearing may be conducted before the city upon the recommendation of the chief of police or the city clerk, except that a hearing before the council shall be mandatory in the event that the city clerk records three violations in one yeaz or four violations~in a three-yeaz period. The period of one year or three yeazs shall begin from the date of the first violation to be counted and shall not be based on calendaz yeazs. The purpose for the hearing shall be to determine whether a violation has occurred and the penalty to be imposed. For the purpose of this hearing, a conviction on any criminal chazge shall be conclusive of the fact that a violation has occurred; however, an acquittal shall not be conclusive that a violation did not occur. The council may, in its sole discretion, appoint an independent hearing examiner to conduct a hearing under the Administrative Procedures Act and determine whether a violation has occurred; however, the penalty shall in all cases be determined by the council. No suspension or revocation shall take effect, nor civil fine imposed, until the licensee has been afforded a hearing as provided for in this subpazagraph. Such hearing shall be called by the council upon written notice to the licensee served in person or by certified mail not less than 15 nor more than 30 days prior to the hearing date, stating the date, time and purpose thereof. H. Penalty. Upon a finding that the licensee has sold alcoholic beverages to another retail licensee for the purpose of resale; purchased alcoholic beverages from another retail licensee for the purposes of resale; conducted or permitted the conduct of gambling on the licensed premises in violation of the law; failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under Minnesota Statutes; or failed to comply with any other applicable state statute or rule, or Code provision herein relating to alcoholic beverages, the City may revoke the license, suspend the license for up to 60 days, or impose upon the licensee a civil penalty up to $2,000.00 for each violation, or impose any combination thereof. A civil penalty of $75.00 for the first violation, $200.00 for the second violation within a 24-month period and $250.00 for a third violation within a 24-month period shall be imposed upon the licensee who shall pay the civil penalty within 30 days of the date of a notice from the City. A fourth or more violation within a 24-month period shall be subject to a civil penalty as determined by city council resolution. If the licensee fails to pay the civil penalty within 30 days of notice, the licensee's license shall be suspended until the civil penalty, plus any surchazge or interest for late payment, is paid in full. Upon the fourth offense within a 24-month period, the license shall be suspended for not less than seven days. No suspension or revocation of a license or civil penalty under this Subparagraph shall take effect until the licensee has been given an opportunity for a hearing under the Minnesota Administrative Procedure Act. If the licensee files a request for hearing with the City Clerk within five (5) business days of the date of the notice of the license action or civil penalty, the City Clerk shall schedule a hearing before a hearing officer duly appointed by the City Administrator. In the event that the licensee fails to timely request a hearing or fails to appear at a scheduled hearing, the licensee shall be deemed to have waived his/her right to a hearing and shall be subject to the license action or civil penalties imposed hereunder. 95 Agenda Information Memo Apri12, 2002 Eagan City Council Meeting B. 3OINT POWERS AGREEMENT EAGAN CONVENTION AND VISITORS BUREAU -CITY OF EAGAN ACTION TO BE CONSIDERED: To consider action to adopt a joint powers agreement between the City of Eagan and the Eagan Convention and Visitors Bureau. A second action to be considered is to approve the policy agreement for operational issues with the City of Eagan and the ECVB. FACTS: • In the spring of 2001, the City of Eagan was informed by the ECVB of their interest to separate from the Northern Dakota County Chambers of Commerce. • In July of 2001, the City of Eagan was officially noticed that the Chamber no longer wished to oversee the ECVB as they had been doing through a contract with the City. • The City Council's Communications Committee met and were in agreement with that action and recommended that the ECVB be brought under City auspices as a division of the City itself. • In September, the City was presented with documents from ECVB terminating the contract with the Chamber and establishing the ECVB as a sepazate non-profit entity. • The Council's Communications Committee expressed a number of concerns about the proposed agreement and asked that the City Attorney provide some legal foundation for the Joint Powers Agreement between the City and the ECVB. • The City requested. that the Chamber of Commerce extend it's contract to oversee the ECVB which was granted for a period of 90 days (January 1 through Mazch 31, 2002). The Chamber is willing to provide a further extension if necessary. • The Communications Committee held several meetings with representatives of the ECVB Board during the Fall and Winter months and at a meeting on February 19~' the Committee agreed that a Joint Powers Agreement between the City of Eagan and the ECVB being organized as an independent 501 (c) 6 be the recommendation to the City Council. The information was sent out to the City Council at that time and 9~ found to be acceptable by the Council as a whole and then presented by the Committee to the ECVB Board at a joint meeting on Monday, March 4. • The ECVB Board representatives asked that no action be considered by the City Council until an April City Council meeting so they could present the agreement with or without modifications to the full Board at their monthly meeting on Thursday, March 28th. • The City Administrator attended the March 28th Board meeting and received proposed changes to the Joint Powers Agreement. Those changes have been forwarded to the City Attorney for his review and comments which will appeaz in the additional information memo on April I St • In addition to the proposed changes there was clarification given to items 3.2 and 3.3. It was suggested that 3.2 and 3.3 be combined to reflect the budget process the City Administrator uses in presenting annual budget information to the City Council. The City Administrator has no problem in changing the June 1 date to coincide with the ECVB's desire to have a strategic planning /goal session during the summer for this purpose. The preliminary budget work for operations will still continue no differently than any other department with the Communications Director and the most significant part of the agreement is that the Bureau will submit it's work plan and line item budget for consideration by the City Council by mid August which is agreeable to the ECVB. • A special thanks to the Communications Committee for the numerous meetings they held during the past several months in helping to format the new arrangement and working agreement between the ECVB and the City of Eagan. The ECVB was very complimentary to the process and the work of the Communications Committee at the Board meeting on Thursday, March 28th ATTACHMENTS: ~~~~// y~y~ ~ ^ Attached for Council review on pages iT through ~~ a copy of the memo regarding the ECVB operation and the agreement between the City of Eagan and ECVB. ^ Also attached on page~is a copy of a memo from the Board of Directors of the ECVB entitled "New Agreement -Proposed Changes" that was reviewed at the Board meeting. Please note that this information was forwarded the City Attorney for a legal response to their proposed changes. This information and response will appear as additional information on April 1St 9~ GS'iV4 'U~"'1S: i5 NU:'i4is 'i:t4%'~i'- city of eagan DEMO MEMO~TO: Tom Hedges, City Administrator FROM: Joanna Foote Communications Coordinator DATE: February 21, 2002 SUBJECT: Policy Regarding the ECVB Operation The City attorneys Office has prepared a draft agreement under which the Eagan Convention and Visitor's Bureau (ECVB) would operate upon approval by the Eagan City Council and the ECVB. It is the view of the City Attorney that the agreement covers the structural relationship between the City and the ECVB, but recommends that the Clty draft a policy to cover the details of the operational factors. To that end, l have developed the foAowing list of operational Issues to be Included within a draft policy. • The contract betwben the City of Eagan and the Eagan Convention and Visitors Bureau (hereafter referred to as the ECVB) v~ill be approved annually by the Eagan Clty Council and will be administered by the Director of Communications on behalf of the City of Eagan. • Member terrns shalt be appointed in initial 1, 2 and 3 year terms vvjth subsequent three year terms thereafter, as to rotate 1/3 of Board membership each year. • The Director of Communications will oversee the ECVB staff end the contract under which they serve., • ECVB staff will be hired and/or terminated bythe ECVB Board of Directors. • The ECVB will prepare and present, quarterly reports to the Eagan City Council through the pirector of Communications. • The ECVB annual line item budget will be submitted to the Director ofCommunications by June 1•~ of each year for the following year, as to fit within the timeframe and format of the City of Eagan's annual department budgeting process and will meat all criteria therein. • The Director of Communications and the Director of the ECVB will attend all ECVB Board meetings as liaisons to their respective agencies and not as voting members of the Board. • -The ECVB will be responsible for participating in the planning and marketing of the following events (annually unless otherwise noted): Yankee Doodle Arts & Craft July 4 Holz Farm Community Festivals Candy Cane Gorral Home ~ Leisure Show Bandshell events (upon completion of venue) ~~ G~~iU4 'U~~~'1S~ i5 NU:~1~4ts ~i)b/7 i o ECVB Board will draft their Articles of Incorporation for review and approval by the Director of Communications and/or City Council. o All publications, website content, and materials to be made mailable to the public will reviewed and approved prior to their printing and distribution. Please let me know if there are other issues or policyrequirements ynu or the City Councilmembers wish to have included in this draft and I will revise accordingly. Communications Goordfrla' for _..:~ •, , US/U4 'U~ 'I~:'1G N0.'1~,23 U~/11 AGREEMENT THIS AGREEMENT ("Agreement") is made and entered unto this 1st day of October 2001 by and between the CITY OF EA,GAN, Minnesota a Municipal Corporation, 3830 Pilot Knob Road, Eagan, Minnesota 55122 ("Ci.ty"), and tb.e EAGAN CONVENTION AND VISITORS BUREAU, a 1Vlinnesota nonprofit corporation, 1.474 Yankee Doodle Road, Eagan, Minnesota 55121 ("Bureau"). RECITALS WHEREAS, the hospitality. industry forms a major component of the C_..ity,'s busiztess aztd tax base; anal . WHEREAS, a healthy and vital hospitality industry is important to the overall well-being of the City and its residents and businesses; and WHEREAS, the City deems it in the pubiZC iw,terest to support the hospitality industry by promoting the City as a tourist, conference, meetings aztd visitors d.cstination.; anal WHERA5, the Bureau is organized for the purpose of perfornsing such. promotioza; anal WI-IERE.A.S, th.e City has imposed by ordinance a local. lodging tax to fund a tourism. and convention. bureau; and WITERE.AS, the )Bureau has tb.e staff, fa.ci.lityes anal experience to carry out their objectives;. NOW, TI~ELIL'EFORE, BASED ON THE FOREGOING, TITE ]?ARTTFS .A.GR.EE AS FOLT..OWS: 1. TERM OF AGRE)/MFNT; TERMINATION, 1.1 The initial term of. this Agreement shall terminate on December 31, 2002. T1iis Agreement maybe renewed thexea8er ozt an at~,nual basis for a cal.en.dar year in accordance with Section 1.Z(C). Notwithstanding the automatic xenevual provisions of. this Section 1.1, the parties sha11 review this Agreement in full at least once every four years. 1..2 The parties znay terminate this Agreement only as follows: (a} On or before October 1, 2002, and each. subsequent year if this Agreement is renewed, the Bureau will initiate a request in writing to renew tbas Agreement for the next calendar year.' The City will respond. in writing within 30 days if it is the City's intenti.or~ nvt to renew this Agreement. /oo US/U4 'U2 15:16 N0.14li Ur/11 Oth.envise, th.e Agreement will automatically renew for aone-year term. Failure by the Bureau to provide a written xequcst wiI1 cause this Agreement to terminate. (b) By either party, with, ox without cause, upon. sixty (GO) days written notice of election to terminate; or. (c) If the local lodging ta~c is. eliminated, then. the City may terminate this Agreement immediately by deliverua.g written notice of termination to the Bureau. k'or. purposes under this Section 1.2(c), tez~xain.ation shall be effective upon delivery of the notice; or 1.3 Upon termination, all funds allocated or held by to the Bureau, which remain in accounts for the purpose of funding Bureau operafiions sb.all be reboi~tted to the City, less such amounts as are necessary to cover obligations and expenses incuxred by the Bureau pzior. to receiving fiotice of termination to carxy out obligations of this .Agreem.ent in accordance with the budget approved by the City. 2. SCOPE OF SE)~V~CES. 2.1. Th.e Bureau will provide sales and. marketing services to attain the maximum. benefit for. the Ci.ty's businesses anal the maximum. usage of t1~e Cites bospitali.ty industries. 2.2 The Bureau will provide support for flee City events which prozn.ote the City as a destination for visitors. For purposes of tb.is Agreement, a visitor or tourist i.s defined as a non..-resident of Eagan who spends time or money wi.tlu.n. the borders of. the City. 2.3 Th.c activities performed by the Burca.u shall include but shall not be limited to the following: . (a) Perform and provide services necessary to promote the City as a visitor destination and as a place for conferences, trade shows and "other events; (b) l.'roduce and distribute Eagan. promotional. visitor information; (c) Prepare anal present presentations to getups to attract visitors to the City; (d) Plan, coordinate anal conduct programs that attract visitors to the City; and ,~o/ U~/U4 ' Ui; ~:~: 1 c:,v N0. 14ti Ut3/11 (ej Participate in the enhancement of. community amenities that directly impact tourism. 2.9~ The Bureau shall implement such. services from time to time as directed by the City in a'duly adopted resolution. 2.5 The Bureau. shall not provide any sexvi.ce for booking arrangements or accommodations for travel. or hotel stay. 2.G The Bureau shall not tuxdertalse any activity that conflicts with oz reasonably appears to con,i]ict with its rendering or service to the City undex ibis .A,greeraent. 3. ORGANIZATIONAL GOALS, ]V1ARI~ETING PLAN AND BUDGET. 3.1; The Bureau shall prepaxe its work plain anal budget with and under the disection of the City's Director of Communication. 3.2 Prior to June 1 of each year, the Bureau shall submit to tl~e City A~.inistxator a work plan. and budget, identifying i.ts goals, znetbod o#' implementation. ar~d markctizag efforts for the ~aext year. 3.3 I'zioz to ,August 15 of. each year, the Bureau shall submit its next year's ~yvork plan a~~.d line item operating budget to the City Council for its review and approval. Tl~.e budget shall detail. with reasonable specii7icity the foreseeable uses for which funds shall be spent to provide th.e services described. in Section 2. 3.4 The scope anal content of: the Bureau's advertising, pro .motional data., informative brochuxes, and media mai:eri.al shall be approved by the City's Director. of Communication prior to prixtting, publication and distribution. 3.S Tn performing tl~e obligations .under. this Agreement, employees of the Bureau or az-y other persons wlule engaged in the performance of any service required by the Bureau under this .Agreement, shall act as independent entities and not as agents, representatives or eznpl.oyees ' of tb.e City. No enoployee of the Bureau shall be eligible for. any beneti,ts, rights or privileges accorded to City. employees. 3.6 The Bureau shall provide such other information. and reports as requested by th.e City. 4. COLLECTION ,AND DISTRIAUTION OP TI3E LODGING TAX. 4.I Tb.e rate of taz imposed upon lodging shall be determined by the City in its sole discretion. /o~ US/U4 ' U2 1 S :1 f N0.14ti Uy/11 4,2 Tlie City shall bear. sole responsibility for collection. of th.e lodging tax. 4.3 The City shall. distribute to tlxe Bureau such lodging tax funds as set forth in the budget approved by the City; however, such distribution shall be in all cases limited co the amount of lodging tax funds received by the .City, Distxibu.tions shall. be accomplished on a timely basis, ordinarily monthly, after actual. receipt ofpayments. s. l~zscAZ.. 5.1 The Bureau shall maintain its accounting records in accordance with genexaJ.ly accepted accounting principles, practices ar~d procedures. Invoices, contracts, vouchers and othez documentation evideaein.g the nature and prop~.ety ' of the charges anal costs paid shall support all expenditures. 5.2 The Buxcau shall maintain all financial records, including supporting documentation., for a pcri.od not Iess than seven. (7) years. 5.3 The Bureau shall, at an.y time during normal business hours and a~ o$en as the City Administrator or bys or her delegate may deem ,necessary, mane its records with respect to all. things covered by this ;A.grecm.ent available to City representatives and shall. permit the representatives to examine or audit its records, or make excerpts or transcripts from such records. 5.4 The Bureau shall provide to the City a copy of. th.e Bureau's monthly .financial statezbent. 5.$ The Bureau shat.] not spend or. otberwi.se obligate itself:' ixn,anci.ally in excess of the budget approved by the City. 5.6 No later tb.an 120 days after the fiscal year end, the Bureau shall submit to the City as audited financial report of the Bureau for the fiscal year just ended, prepared by an indcpen.d.ent certified public accaun.tant. 5.7 The Bureau shall obtain. fidelity bonds in the amount of $50,000.00 covering officers and employees of the Bureau who hamdle or disburse monies or sign ox countersign cb.ecks of the Bureau. ~.g ~ . No employee. of the Bureau shall be paid a bobus or wages paid based on. incentive plan. in connection with the services rendered under Ibis Agreement, nor shall an ezlaployee of. the Bureau accept any gift for. services rendered under this Agreement. /03 U~lU4 ' U2 1 ~: 1( N0. 14ti 1 U/11 6. i-~oi:la I.~Aruvl>:.>rss .~.Nn z~~nzMNZFZCA~zo`T; rnTst>z~aNCF. 6.1 The Bureau shall, for purposes of t1u.s Agreement, be deemed to be an indcpettdznt contractor, anal not an employee of th;e City. Away and all employees of the Bureau., or other persons, while engaged i.n. tb.e pcrfoxnnance of any service, shall n.ot be considered errapl.oyees of the City and an.y and all claims that may or might arise under the Workers' Compensation A,ct of. the State of Mizan.esota on behalf of sand employees or otlaex persons while so engaged, and any anal al[ claims ;made by a third party as a consequence of any act or omission on the part of the Bureau; its agents, or employees oz other persons while so engaged in atty of the services provided to be rendered laexein, shall in no way be the obligation or responsibility o£ the City. Tn conrtection~ therewith, the Hureau hereby agzees to indemnify, save axtd hold harmless, axed defend the City and an.y of. its agents and employees thereof from. any and all claims, demands, actions, or. causes of action, o£ whatsoever. nature or claaxactcr arising out o£ ox by reason of the execution of tlae performance of the services provided for herein. by th.e Bureau, its eoployees or agents. 6.2 The Bureau shall carry insurance to cover. its employees and agents while perfoxxuimg services pursuant to this ~-.greeznent. Such insurance coverage shall include comprehensive general liability and property damage. Before commen.ciug w provide services hereunder., the Bureau shall purchase Woxlcers' Compensation insurance covering Bureau employees, pursuant to Minnesota Statutes Sectioxa 176.1.81, Subdivision 2, as the same maybe amended. from time to time. 7. STRUC'xCTR)/ OF ORGANJZ,A.'p10N. 7.1. The Bureau shall maintain. its non-profit tax status in compliance with state anal federal law. 7.2 The Board of Directors for the 1;3ureau shall be comprised of twenty-one (2l.) members; the membersb>,p of the Board shall be comprised of the following; six (6) representatives. ofthe hotel industry; three (3) representatives appointed by the City; two (2) represen.tati.ves of. the business corporations located in the City; two (2) representatives o£ the airline industry; two (2) members appointed by the Eagan Chamber of Commerce; two (2) reside~ats of. the City of Eagan; one (I) representative associated with the recreationallattr..action industry; two (2) representatives of the travel industry sod one (1} representative of the restaurant inndustry. 7.3 Any proposed modification to the composition of the Hoard must be approved by the City in writing. 7.4• No employee of tlae $uxeau shall serve on the $oazd of Directors of the Bureau. /o ~ 03/04 '02 13:17 No.148 11/11 7.5 Jvo member of the City Council or any employee of tJ.1e City shall have any i»texest in any contract made by th.c Bureau in performing its services. S. ASSIGNMENT. Tb.e Bureau sha11 not assign this .A.greement without th.e prior written approval. of. the City. 9. NOTICE. A1J notices, requests, demaAds and other communications hereunder shall be in, wziti.ng and shall be deemed given if personally delivered or mailed, certified mail, return receipt rEquested, to the other party, oz to any successors or. assigns of the City of the Bureau, at the addressees identified above, or any future addresses of tb~e City or. the Bureau, i£ the City or the Bureau gives the other parry notice of said change of address as provided pursuant to the provision for notice herein.. . 10. R.ECI'~'AI.S. The recitals set foz~tb. above the terms anal definitions t1~,exeib.. are hereby ~.de a part hereof as chougb. tb.ey were set fortlx iaa tlae body hereof. 11. NO ORAL MODIFICATION. Tbi.s Agreement may not be changed orally. 12. GOVERNING LAW. The substantive Laws of the State of Minnesota shall. gover~a this Agreement. IN WITNESS WHEREOF, t1Ye parties hereto have executed tbis Agreement the day and. year first above 'uvritten. CITY 4>? EA.GAN By Patricia Awada, Mayor anal Mazia I~arels, City Clerk F,AGAN CONVENTION AND VISITORS BUREAU )3y and ' /05 TO: Honorable Mayor and City Councilmembers FROM: Board ofDirectors - Eaean Convention & Visitors Bureau DATE: March 25, 2002 SUBJECT: Ne~v Agreement -proposed changes Thank you for your diligent work with this contract, we appreciate the time you've spent learning about the tourism industry and its benefits to the City of Eagan. The Board has reviewed the Agreement and would like to propose these changes in order: • Two of the paragraphs in the Agreement are duplicated in the Operational Policy. The Board would prefer to keep the Agreement in tact and eliminate the duplicate paragraphs in the Operational Policy. Namely 2.2 and ~.4 in the Agreement are acceptable while bullet points 8 & 10 in the Operational Policy are duplicated. • Agreement 2.4, The Boazd would like to add at the end of the sentence..."and approved by the Board ofDirectors." • Agreement 2.5, reword to state: "The Bureau shall not book accommodations for travel or hotel stay." The Bureau's job is to provide a service of an informational manner to encourage visitors to book accommodations with the hotels. • Agreement 5.8, change the word wages to commission. Also would like clarification on this issue regarding the legality of commissions paid to sales people as incentive pay. This is a common practice throughout the industry and it will be difficult to keep sales employees at the Bureau without competitive wage incentives. • Agreement 7.2, Board of Directors composition. The Board requests the following changes due to prior lack of involvement and industry pressures. The ECVB has had both Northwest Airlines and Sun Country represented on the Board, however, with the fall of Sun Country, we request that just one representative of the airline industry be listed. Also, with the recent removal of commissions paid to travel agents that industry will be declining and we request that just one representative from the travel industry be listed. Those two seats are requested to be filled with representatives of the hotel industry. Please review these five requested changes to the Agreement and Operational Policy and let us know your thoughts. Thanks again for your involvement with the marketing of the City of Eagan's hospitality industry. /O ~ Agenda Information Memo April 2, 2002 Eagan City Council C. ORDINANCE AMENDMENT (SIGN CODE) CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Amendment to Chapter 4.20 (Placement, erection, maintenance of signs) of the City Code relating to business and product sign definitions, and building-mounted sign standards. FACTS: • The business sign definition has been consistently interpreted and applied as not allowing brand or product name advertising. The use of the word "advertising" has led to ambiguity in the interpretation of the definition. Advertising may be regarded as product name designation. • Based on discussion at a recent Council Sign Subcommittee (Bakken & Fields) meeting, staff was directed to prepare an ordinance amendment for the purposes of clarifying the definition of business and products signs, and clarifying the standards for building- mounted signs. ATTACHMENTS: Draft City Code Amendment, pages ~ through /0 7 Draft City Code Amendment to Chanter 4 Definitions Subd. 1 C. Definitions. 2. Business sign means any sign upon which there is any name or designation a~ ~si~g that has as its purpose business, professional or commercial identification ad~g and which is related directly to the use of the premises upon which the sign is located. Add a definition for a product sign: Product sign means any sign upon which there is any brand name, trademazk, logo, distinctive symbol, designation or advertising which has as its purpose the promotion of any business, product, goods, activity or service. Product signs shall be subordinate to business signs. Building-mounted Sisn Standards Subd. 5. Building-mounted business signs, standards. A. Buildingsigns onsingle-tenant buildings and end units in multi-tenant buildings. On single-tenant buildines. no more than three total signs, distributed on up to two elevations. are allowed in the following combinations. not to exceed the allowed sim area based on zoning` 1. One elevation displaying a business name sien, and one elevation displaying a business name and a product name sien for a total of three si s: or 2. One elevation displaying a business name sign, and one elevation displaying either a business name or a product name sign for a total of two si is: or 3. One elevation displaving, a business name sib or a product name sign for a total of one sign: or 4. Two sins. each displa~ng a separate business name if two tenants are occupving one unit space for a total of two signs on one elevation. B. Building signs on interior units ofmulti-tenant buildings. On multi-tenant buildines, no more than two si ns der tenant on one elevation are allowed in the following combinations. not to exceed the allowed sig~area based on zonine: /off 1. One sign displayingLa business name, and one sign disnlayin~a product name for a total of two sites on one elevation; or 2. Two signs, each displaying a separate business name if two tenants are occugving one unit space for a total of two signs on one elevation; or 3. One sign displaying a business name for a total of one sign on one elevation; or 4. One sign displaying aproduct name for a total of one sign on one elevation. C. Product name signs. Product name signs shall be subordinate to business name si ns. $: D. Design similarity. All mess signs mounted on a building shall be similar in design. 6: E. Sign area. No signs or combination of signs mounted upon a building shall cover in excess of 2810 percent of the gross area of a side in the RD and BP zonine districts, and 20 percent of the stross area of a side in all other zoning districts. la: F. Sign projection. No sign mounted upon a building is allowed to project more than 18 inches from the vertical surface of the building. G. Roof signs. No sign mounted upon a building is allowed to project above the highest outside wall or parapet wall. /~9 Agenda Information Memo April 2, 2002 Eagan City Council Meeting NEW BUSINESS A. REVIEW WINTER TRAIL MAINTENANCE PLAN ACTION TO BE CONSIDERED: Review and Reaffirm/Amend the current Winter Trail Maurtenance Plan for 2002-2003. FACTS: • On June 2, 1998, the City Council approved the first Comprehensive Winter Trail maintenance Plan and Policy incorporating approximately 54 miles (50%) of the City's total Transportation Trail System. Since that time, the Council has annually reviewed and occasionally modified the plan in response to various requests. During the winter season of 2001-2002, approximately 70 miles (68%) of the trail system received winter maintenance. • The Policy states that the City Council will consider additions and modifications to the trail/sidewalk plowing program only once per year at the first meeting in April. • After completing the 4'~ full operational year of the program, this new service delivery continues to be extremely well received by the community. However, the staff has received 2 written requests, 1 electronic request and 1 telephone request for changes. Two of these requests have been resolved working together with School District 196 to arrange bus pick-ups. The two remaining identified Citizen Requests (CR) do not meet the policy's formal petition requirement criteria. • Staff also met with representatives from School Districts 191, 196 and 197 to review their current and proposed busing/walking routes to determine if any areas should be modified to better accommodate their bus stop locations or designated walking routes. As a result, staff has identified 4 areas from the School District (SD) input for the Council's review. • Staff has also identified other areas for Additional Consideration (AC) for the reasons noted in the attached report. ISSUES: • Although the Policy states that no requests for modification will be considered unless accompanied by a petition of at least 50 property owners within '/. mile of the requested segment, Staffhas included all requests received for the Council's review. If the Council gives consideration to the requests without supporting petitions, the appropriateness of maintaining that portion of the Policy should be discussed. Net additions to the program will result in the need to increase the budget accordingly. ATTACHMENTS: / • Map of current trail plan with requested modifications, page ~. • March 27 memo summarizing requests and costs, page,tj~_ through • Winter Trail Maintenance Policy, page ~ through ~Q. • Written and electronic requests/map, page j,,~ through ~. • School District 191, 196 Busing Policies - f a s - / 3 ~ //0 Winter Trail & Sidewalk Maintenance Route Considerations for 2002/2003 ;; - N =i`~ ~ ~~~ ~~ ~. ,~ ~ - W E _ __-- d'~ -- ~ - - --- CR 2 y ~ - ~' .. ' _ 0 3000 6000 Feet ,_ i __: AC 4 _ _ , _ '\ `~ ~~ ~ - = _ --- , z :.. - ., :: ~, , -.., J - - ,, f / : i . _- _-_- . AC 5 -- = ~ -_ ~ _ _ - - . ,: .. ; . _ . :. - , - _ . ,_ . _. ` O ~ - ..w. 4, " ' / ~ /~ ~ !~ -.. - . ..- \ `~~ z J - - Amt ~ - - -- ~ - ~ -- -- ~ ,~ - - _ ^ _ ~ ~ _ - ~~ ~ ,. :--: :. ~ AC 3 --- _ -~ - - _~_ ~.. Plowed by City of Eagan - - - - - Plowed by School District Prepared By Ci Hof Eapan2°o2 Street Dept., CM Citizen Requests and Fae: ~:~...~cxnlstreets~trailslplowrtes~ Additional Considerations X102-os.apr City of Eagan ® School District Requests /II rf ___~_~, -. '~~ ` city of eagan MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: AIt1VIE ERHART, SUPT. OF STREETS AND EQUIPMENT TOM STRUVE, PUBLIC WORKS COORDINATOR DATE: MARCH 27, 2002 SUBJECT: WINTER TRAIL/SIDEWALK MAINTENANCE REQUESTS/CRITERIA 2000-2001 Program Costs $150,558 (24 plowing operations) 2002 Budget $158,600 Cost per mile per season $2820 Cost per foot per season $.54 The fourth full operational year of Eagan's Winter Trail Maintenance Program is coming to a close and this new service delivery continues to be extremely well received by the community. Several developments over the past 12 months have caused significant scrutiny of the program in order to address customer service needs of our citizens. On Apri13 and again on June 5, 2001, the City Council performed their annual review of the City's Winter Trail Maintenance Program. Requests for additional trail plowing service included three (3) different categories for consideration: 1. CR =Citizen Requests 1.46 miles ($ 4,691) 2. SD =School District's Requests 14.82 miles ($ 42,265) 3. AC =Additional Considerations 4.05 miles ($11,538) As a result of the Council's deliberations during 2001, Citizen Requests (CR) #1&4 were approved. Following reductions in school district busing policies, School District requests (SD) #1- 14 were also approved. These additions added an extra 15.48 miles of winter maintenance responsibility at a supplementary total cost of $44,135 to the annual program. During the fall of 2001, voters approved a school bond referendum for School District 196. This resulted in the re-instatement of the majority of school busing service delivery that had been removed prior to the referendum. The Council revisited the winter maintenance program at a November 13, 2001, Special City Council Meeting and subsequently directed staff to remove from the winter maintenance program many of the new trail segments included in the School District requests (SD) approved at the June 5, 2001, Council meeting. The remaining segments (2.23 miles) are summarized in Appendix A. //~-- Reinstatement of School District 196 busing routes included a few route changes. The City Council and staff worked together with Citizens and the School District to resolve concerns related to these changes. The City Council subsequently requested that staff meet with transportation representatives of all Eagan school districts and address any concerns and issues related to school transportation and Eagan's Winter Trail Maintenance Program. During the week of February 18, 2002, City staff met with Moms Mattson, Transportation Director for IDS 197; Steven Hoiland, Transportation Director for IDS 191; and Randy Dukek, Transportation Director for IDS 196. School busing routes, policies, and programs were reviewed identifying issues or problems related to bus scheduling, walking distances, and bus routing (pick up and drop off areas). City staff shared information related to the current City Winter Trail Maintenance Program and received input about additionally requested segments from transportation officials. Districts 191 and 197 requested no additional service. School district 196 requested the additions included in the narrative below. ^ Requests for changes to Winter Maintenance Program: • Citizen Petitions: None • Citizen Requests CR 1. Consider adding the west side of Pilot Knob Road between Wescott Road and Deerwood Road. (Please see attached letter) Additional 2140 feet (see map) Additional cost to City 1156 / Meets Policy Criteria -Winter Maintenance of Sidewalk and Trailways 10/1 S/96, criteria number 1. Maior Arterial Roads. "These are thoroughfare roads with 4+lanes, traffic volumes greater than 5000 vehicles per day and speed limits of 45 mph or greater. " • ISSUE: Exceeds current policy because east side is currently plowed CR 2. Request to add trailway plowing of the trailway in Pilot Knob Park immediately west of Timberwood Drive north of Towerview Road to provide recreational access for 63 townhouse units in the Timberwood Village Development. (Please see attached e-maiUmap) Additional 1887 eet (see map) Additional cost to City 1 019 / Does not meet City Council Policy- internal park trail, not adjacent to collector or arterial street CR 3. Consider adding the north side of Deerwood Road between Pilot Knob Road (Co. Rd. 31) and Clippers Road. RESOLVED - School District agreed to additional stop to accommodate need. CR 4. Consider adding the north and west sides of Murphy Parkway between the Blackhawk Park entrance and Deerwood Road. RESOLVED - School District agreed to additional stop to accommodate need. 1l3 • School District 196 Requests SD 1. Request to add west side of Johnny Cake Ridge Road from Woodgate Lane north to Woodgate Lane. Additiona11707 feet (see map) Additional cost to City 922 / Meets Ciry Council Policy -Winter Maintenance of Sidewalk and Trailways 10/15/96, criteria number 4. Local School Walking Route. "These are trails and sidewalks that are relied upon by the school districts for designated walkers under their bus transportation policy. " (Please see attached letter) Issue 1: Identified as Local School Walking Route/area of concern Issue 2: Exceeds current policy because east side is currently plowed SD 2. Request to add west side of Johnny Cake Ridge Road from Diffley Road (Co. Rd. 30) north to Deerwood Drive. Additional 2890 feet (see map) Additional cost to City 1561 / Meets City Council Policy -Winter Main:tenance of Sidewalk and Trailways 10/15/96, criteria number 4. Local School Walking Route. "These are trails and sidewalks that are relied upon by the school districts for designated walkers under their bus transportation policy. " (Please see attached letter) Issue 1: Identified as Local School Walking Route/area of concern Issue 2: Exceeds current policy because east side is currently plowed SD 3. Request to add north side of Northview Park Road from Northridge Drive east to Braddock Trail. Additional 928 feet (see map) Additional cost to Ciry 501 / Meets City Council Policy -Winter Maintenance of Sidewalk and Trailways 10/15/96, criteria number 4. Local School Walking Route. "These are trails and sidewalks that are relied upon by the school districts for designated walkers under their bus transportation policy. " (Please see attached letter) Issue 1: Identified as Local School Walking Route/area of concern Issue 2: Exceeds current policy because south side is currently plowed ~/`f SD 4. Request to add the north side of Red Pine Lane east of State Hwy 3 to Red Pine School crossing. Additiona160S feet (see map) Additional cost to City / Meets Ciry Council Policy -Winter Maintenance of Sidewalk and Trailways 10/15/96, criteria number 4. Local School WalkinP Routes "These are trails and sidewalks that are relied upon by the school districts for designated walkers under their bus transportation policy. " • Rationale: New trail to be added during 2002 winter maintenance would connect to comprehensive trail system and provide a connection for school walkers. • Additional Considerations AC 1. Consider adding east side of the new Dodd Road improvement between Wescott Road and Diffley Road (Co. Rd. 30) Additional 6,522 feet (see map) Additional cost to Ciry 3 522 / Meets City Council Policy -Winter Maintena~:ce of Sidewalk and Trailways 10/15/96, criteria number 3. Neighborhood Collector Streets. "Local streets approximately 1 mile in length with 2 traffic lanes and 2 safety lane/shoulders, traffic volumes less than 3000 vehicles per day and speed limits of 35 mph. or greater. " • Rationale: New trail to be added during 2002 winter maintenance would connect to comprehensive trail system. AC 2. Consider adding west side of the new Dodd Road improvement south of Cliff Road. Additional 2,875 feet (see map) Additional cost to Ciry 1 553 / Meets City Coin:cil Policy -Winter Maintenance of Sidewalk and Trailways 10/15/96, criteria number S. Other: "The Council 's discretion will be used to designate other segments as necessary to provide continuity, designated recreational loops, etc. " • Rationale: New trail to be added during 2002 winter maintenance would connect to comprehensive trail system. AC 3. Consider adding south side of the new Carol Street improvement between Dodd Road and State Hwy 3 Additional 925 feet (see map) Additional cost to City 500 / Meets City Council Policy -Winter Maintenance of Sidewalk and Trailways 10/15/96, criteria number S. Other: "The Council 's discretion will be used to designate other segments as necessary to provide continuity, designated recreational loops, etc. " • Rationale: New trail to be added during 2002 winter maintenance would connect to comprehensive trail system. /U` AC 4. Consider adding west side of Lexington Avenue (Co. Rd. 43) between Clubview Drive and Yankee Doodle Road (Co. Rd. 28) Additiona14365 feet (see map) Additional cost to City 2 357 / Meets City Council Policy -Wi~:ter Maintenance of Sidewalk and Trailways 10/15/96, criteria number 1. Maior Arterial Roads. "These are thoroughfare roads with 4+lanes, traffic volumes greater than 5000 vehicles per day and speed limits of 45 mph or greater. " • Rationale: New trail added during 2001 winter maintenance would connect to comprehensive trail system. AC 5. Consider adding southeast side of new State Hwy. 13 upgrade between Blackhawk Road and Silver Bell Road. Additional 3675 eet (see map) Additional cost to City 1 985 / Meets Ciry Council Policy -Winter Maintenance of Sidewalk and Trailways 10/15/96, criteria number 1. Maior Arterial Roads. "These are thoroughfare roads with 4+lanes, tra~c volumes greater than 5000 vehicles per day and speed limits of 45 mph or greater. " • Rationale: New trail added during 2001 winter maintenance would connect to comprehensive trail system. AC 6. Consider adding north side of Blackhawk Road between Blue Cross Road and State Hwy. 13. Additional l.ll8 feet (see map) Additional cost to Ciry 604 / Meets Ciry Council Policy -Winter Maintenance of Sidewalk and Trailways 10/15/96, criteria .number 2. Community Collectors. "With 2 traffic lanes and safety lane/shoulders or 4 full lanes of traffic with volumes greater than 3000 vehicles per day and speed limits from 3S to 45 mph. " • Rationale: Winter maintenance would connect new trail on Hwy 13 added during 2001to comprehensive trail system. //~ Appendix A - SD 196 REQUESTS The segments retained from S.D. 196 request of June 5, 2001, include 2.23 miles and are as follows: Footage Street sections 2,726 ft. Johnny Cake - Diffley to Deerwood/east side 1,529 ft. Cliff Road - Nicols to Slater/south side 2,318 ft. North Ridge Drive -Wescott to Northview Park Road/west side 1,527 ft. Lexington Point Parkway -Lexington to on-street safety lane 3,626 ft. Cliff Road - Ches Mar to Lexington -south side TOTALS 11,726 ft. New Additions G:/TS/TRAILS/memo a trailmaint 3-27-02 // ~ Len h Cost .52 miles $ 1,470 .29 miles $ 820 .44 miles $ 1,240 .29 miles $ 820 .69 miles 1 950 2.23 miles $ 6,300 CITY COUNCIL POLICY SUBJECT: Winter Maintenance of Sidewalk and Trailways. DATE ADOPTED: October 15, 1996 REVISED: Revised: June 2, 1998 Basis: The City of Eagan has received continued requests to have the sidewalk and trailway system maintained year around. In addition, the trail system plan element of the 1995 Park System Plan states "Prudent decision making regarding snow plowing must consider the actual amount of trail use gained given the level of investment required". After evaluating two seasons of winter maintenance on a limited segment (3.8 miles) of trails and sidewalks, the City Council decided to expand the program to meet the basic needs of the community and also modify the previous policy. Puraose: The City of Eagan has developed the following policy in order to respond in an orderly, consistent, and fiscally responsible manner to the desires of the community for a basic Winter Trail and Sidewalk Maintenance Program. After reviewing the extent of sidewalks and trails that exist within the community as of 1998 (110 +/- miles), the. City Council has determined that those segments that meet the City's basic criteria shall have priority for performance of winter maintenance. After evaluating the cost associated with acquiring the specialty type equipment and the additional personnel resources necessary to provide a reasonable level of service expected by the public, the City Council has determined that this new public service will be provided through private contractual services. Criteria: The following criteria will be used to determine whether a segment of sidewalk and/or trailway should be included in the winter trail maintenance program: 1. Major Arterial Roads. These are thoroughfare roads with 4+ lanes, traffic volumes greater than 5,000 vehicles per day and speed limits of 45 mph or greater. 2. Community. Collectors. With 2 traffic lanes and safety lane/shoulders or 4 full lanes of traffic with volumes greater than 3,000 vehicles per day and speed limits from 35-45 mph. 3. Neighborhood Collector Streets: Local streets approximately 1 mile in length with 2 traffic lanes and 2 safety lanes/shoulders, traffic volumes less than 3,000 vehicles per day and speed limits of 35 mph or greater. 4. Local School Walking Route These are trails and sidewalks that are relied upon by the school districts for designated walkers under their bus transportation policy. 5. Other: The Council's discretion will be used to designate other segments as necessary to provide continuity, designated recreational loops, etc. //b' Operational Policies Specific operational policies are hereby adopted to implement a Winter Trail and Sidewalk Maintenance Program on a uniform basis. This will allow the City Council to evaluate the effectiveness, economics and acceptance of this program as necessary to determine the appropriateness of discontinuing, maintaining or modifying the program on a regular basis. 1. Sidewalk and trailway snow removal will be performed only after a minimum of 2" of snow has accumulated resulting from a snowfall event. Accumulations resulting from drifting and/or depositions resulting from public street snow removal operations will be performed as determined necessary by the City. City-wide snow removal operations will begin within 24 hours after the cessation of the last (in case of multiple back-to-back storms) snowfall event and/or when deemed necessary by the City in coordination with public street snow removal operations. The City will attempt to complete all snow removal operations within 24 hours after beginning. depending on the event and weather predictions. 2. Snow removal operations will be performed with equipment and operators retained through a private contractual service agreement. 3. The level of service will be limited to what can be provided by mechanical equipment. Due to the limitations of mechanical equipment and trail irregularities, pathways may not be cleared or maintained to a dry pavement standard. No hand work will be performed by City or contractual personnel. Surface irregularities and slippery conditions may result. No ice control (sanding or salting) will be performed by the City or contractor. 4. It is to be expected that snow can be plowed, blown, swept or dumped on public right-of--way and easements on either • side of the sidewalk/trail as needed for the best efficiency of operation. 5. Reasonable attempts will be made not to deposit excessive snow in driveways and/or private sidewalks if is operationally or mechanically controllable. However, the removal of any snow deposits that may result will be the responsibility of the adjacent property owner and/or occupant. 6. The City will not be responsible for sand, salt or incidental plow damage to turf or driveways, nor irrigation systems or any landscaping improvements located within public rights-of--way or easements. Any related repair will be the responsibility of the adjacent property owners and/or occupant. 7. In order to perform snow removal operations, pathways must remain free of any obstructions (i.e., vehicles, refuse containers, play equipment, implements, etc.) until the pathway snow clearing operation has been completed. If obstructions are encountered, the City's operation may skip the affected property frontage and the subsequent removal will be the responsibility of the adjacent property owner and/or occupant. 8. School districts will be expected to perform snow removal operations on those segments of public trails and sidewalks adjacent to their property as necessary /~ 9 to accommodate designated walkers according to their bus transportation policy. Plan Adoption• The sidewalks and trails designated to be maintained by the City of Eagan will be so referenced on the most recent map adopted by Council action and kept on file in the Department of Public Works. Process: The plan adopted by Council action on June 2, 1998, incorporates approximately 54 miles of the total 110 +/- mile system. With approximately 50% of the system not being maintained, it is anticipated there will be requests for other segments to be added. Due to the cost to add additional segments to the overall maintenance program, it is necessary that a need and benefit be demonstrated to justify the expenditure of additional funds. Subsequently, no segment will be considered unless accompanied by a petition of 50 properties lying within '/4 mile of the segment to be considered. All requests will be considered only once per year at the first regular Council meeting in April for possible inclusion into the following season's program. G: U/TC/MISC/ W int aTrailPolicy Sao / _ I should like to request that the path in Pilot Knob Park be cleared of snow when necesssary. Sixty (63) units will soon be completed in Timberwood Village which abuts directly to Pilot Knob Park. These occupants plus others in the area would appreciate the clearing. Thank you Kenneth R. Evans 3040 Timberwood Trail is i RECEIVED JAN 2 8 2002 EAGAIV ENGINEERING DEPARTMENT January 25, 2002 City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Plowing of Pilot Knob Road Dear City management: We are writing to kindly ask for your consideration of snowplowing the West Side of Pilot Knob, south of Wescott. Currently, only the East Side is plowed, along with the West Side, north of Wescott. Here is why we think this is critical: 1.) There are many new residents on the West Side including children. 2.) Safety -Pilot Knob is dangerous, especially at night (even at the lights I was almost hit) 3.) There is probably more usage on the West Side and it will give us more of a "neighborhood feel". After all, there are no sidewalks in the Kingswood, Palomino and other western developments. I know a number of us feel strongly about this. I would appreciate a response. Thanks, Sincerely, Rick & Patty Kleven 1408 Kingwood Ponds Rd. Eagan, MN S 5122 /a a DEPP,RTNiENT OF TRANSPORTATfON INDEPENDENT SCHOOL DISTRICT 196 15180 CANADA AVENUE , ROSEMOUNT, MINNESOTA 55068-1758 (651) 423-7685 e-mail: randy.dukek®district196.org February 25, 2002 City of Eagan 3501 Coachman Point Eagan, MN 55122 Attn: Arnie Erhart Tom Struve ^ RANDY DUKEK COORDINATOR OF TRANSPORTATION Asper our discussion, we have reviewed the streets in Eagan and have three requests as noted below: • Northview Park Road Between Northridge Drive and Braddock 77 Students that live north of Northview Park Road on Northridge Drive and Big Timber Trail walk to Eagan High and Dakota Hills Middle. The crosswalk is at Northview Park Road and Braddock Trail so the students would need to walk on the unplowed portion to cross at a controlled intersection. • Johnny Cake Road (West Sidel Between Wood Gate Lane North and Wood Gate Lane Students walk from the Woodgate neighborhood to Oak Ridge and may have to walk on the unplowed portion of Johnny Cake. • Johnny Cake Road (West Sidel Between Deerwood Drive and Diffley Road Students living on the West side of Johnny cake may walk on the unplowed portion to get to the road leading to Black Hawk Middle School. ncl sed please find the school dis 'ct transportation policy. Sinc rely, 1 Randy Duke Coordinator o Transportation Educating our sfudents to reach their full potential 196 SERVING APPLE VALLEY, BURNSVILLE, COATES, EAGAN, INVER GROVE HEIGHTS, LAKEVILLE, ROSEMOUNT, AND EMPIRE AND VERMILLION TOWNSHIPS i z RANTER LN ~ VVVCKVICVV C QUARRY ~a ~{ Untitled STUDENT TRANSPORTATION GUIDE ISD 191 B U R N S V I L L E-EAGAN -SAVAG E (.REGULAR EDUCATION SCHOOL BUS SCHEDULING AND ROUTING The general policy of ISD 191 is that all kindergarten through grade six students who live seven-tenths of a mile or more from school and secondary students who live one mile or more from school shall be transported. K-6 students should not walk farther than three-tenths of a mile and secondary students should not walk more than seven-tenths of a mile to their assigned bus stop. Exceptions to these distances may be necessary due to geographical factors as determined by the school board and/or the Transportation Department. Kindergarten students attending morning sessions who live between .5 mile and .7 mile from their assigned school will be transported home. Kindergarten students attending afternoon sessions who live between .5 mile and .7 mile from their assigned school will be transported to school. The walking distance is defined as the shortest distance from the child's residence by public walkway, street or highway to the assigned entrance of the school the student attends. A child's residence for the purpose of measurement is defined as the point at which the resident's sidewalk or driveway intersects the public street. The District may make additional transportation available when walk routes to a school would encounter special hazards as defined by the school board. A. District Transportation Department is solely Responsible for Regular Education Bus Routes The ISD 191 Transportation Department is responsible for establishing all Regular Education bus routes. The Transportation Department will provide to First Student Transportation, the current contract supplier of bus service, route maps showing times, stops and direction of travel. Bus drivers are to strictly follow routes as prepared by the ISD 191 Transportation Department. Drivers may not allow students to exit the bus at other than their designated stops. Bus drivers are encouraged to recommend improvements to routes, but such recommendations must be made through the First Student Dispatcher who will send the recommendation to the Transportation Department. ~i •~/~ Page 1 ~a s :~ S INDEPENDENT SCHOOL DISTRICT 196 Rosemount, Minnesota Educating our students to reach their full potential Series Number 707 Adopted December 1976 Revised January 2002 Title Student Transportation 1. Transportation. Eligibility -- .District .196. will transport students within-the:;;-::;_:-,. -.-;`-. parameters set by state statutes and regulations. The following students are - eligible for transportation. _ - - - r 1.1 -' Elementary Schooll•Students.: (kindergarten. through: grade five)' , ~ - ... . ' 1:1.1 Elenientary.'students-who are one-half 'mile or more from the ~ ~ ~ ~f 4-'Y ~: elementary :school yin'their atteridancearea .., ,~. '-~..._.~; ,~:~. ,~} x,,~k:` ~' ~- ~: - - - _ _, t `,. , .; . -,1.1:2 Because ofahe unique: situation of kinder amen students ~ :.~ , ~ ~_~~f ~. g traveling fo~anci from: scliool during the midc)le~oflthe -day when; srs 5}` " - - other students are yin school, the ~following-'indergarten 4 ,~ r~~~.Y-: • students who.'live within: one=half riiile`~ of,tHeir school mays ride ~ -~ :>.:~;: . a school bus . ~ - - ~' - 1.1.2.1 .Morning kindergarten students are eligible to aide a :~ ~' school bus home onto a daycare from school if they`are :. ~- ~`- dropped off at `an existing bus'stop.~.and~if space is ~: -` -. available on the bus, and - ~ ~ - . - 1.1.2.2 Afternoon kindergarten students are eligible to ride a .school bus to school if they board the~bus at an existing .bus stop and if space is available on the bus: . - 1.2 -Middle School Students (grades six through eight) -= Middle school - students :who are one mile or more from the middle :school in their •. r :° ~ `~-- .'attendance area. ... t ~' . :~: 1.3 High'School Students.(grades.nine through ~12) -- High school students -. who are one mile. or more from the- high school in their. attendance ~ • ` ~`~^ .. _ ..area. - - ,, _ ~':k': - ~ ~ =~,. . 1.4 ' A `student's distance from school, as referred. to ,in this policy, is . ' _ ,~~:' defined as the shortest distance from the .student's residence (where ` - . " - . :the front of the property meets the street), by.reasonably safe walkway, - • . _ . ~.~.~~ street or highway that is .accessible to the public, to .the curb-step or ~ ~ {~' .walkway at 'the assigned entrance of the school the'student`attends~ •If - - _ any portion of:where the -front of the residential property meets • the _ - - street is outside this distance, the student will be provided busing to ~ : and from school. ~ ' ;: • - . ,- 1.5 If the district deems student access to school unsafe, the guidelines above may be adjusted. Refer to section 4 of Administrative Regulation 707.2AR, School Bus Safety, for details. ~a~ Policy 707 Page 2 1.6 Transportation for Elementary School Students in Daycare 1.6.1 Transportation «zll only be provided to the elementary school in the attendance area that the daycare is located. 1.6.2 Daycares will be considered the same as other residential properties in determining .distances :.and bus .stop ,locations.. ~ - t-.'. 1.6.3 Transportation will be provided if the daycare :meets. the ~ , eligibility guidelines as stated in'sections 1:1.1:-and 1,1 2 above ,' r , Nand following the guidelues for- bus routes as stated iri section yu s ; -3 below ~, ~ t ~. n .~ ~ ,-~ 1~ ~, ~ .~ s'~ '~~ rr • 2 . :Safety .- The aafety of `students is {tHe primary concern of ~"the Distnct¢ I96~,, ~ 1 : ~~ $~ ~"~_~ transportation-program . •. - f , z ` `~~'~- ~ : ~. ,t ~ _ ~. 4..a ._. - ~, ~ ~- i .:mot .w+ !mod ~~ # ~.' aka, ~ ~ ~_; . ~~b ~~ 7, +} is' :~ 2 1 y~. Kindergarten..Student Transportation Torensure student safe`ty~~,~ ~ ~ ~.~{ 3 , •""- Y. ~.r°chaperones: will tie provided as needed abased "on ~Yie n`urr`iber~.of students ~' .•'~ f~_ y, ~~:on the °bus,`on buses:transportiiig•onlykindergarten students'~'~ r Y-~` } jr^ ~~ ,,. . - _.... "~".. - ~_~ .:.: '. .. ...-.. .• ~ ,~ Y ,ter' j i 4 e' Ki.. e 2.2 ~=Student Behavior - Riding the school bus is a•privilege,,.not a right #, ~ ~"~v: • :_Students .are expected to ,follow . the_ same beriavioral standards. while ~,~ ,-ti; g~- - ~•riding school district vehicles` as aie expected =on• school<property,or ;at •, ,.~ ,;~- x.~ :w~ - .~~school-activities, functions.:or;,events, and•'addrtional~•specific: ~; < ",~ ~~_' "transportation safety rules. -All .school=iules~are`in:effect while a ~ '' student is riding a district vehicle or at. a school bus .stop. - ~ .,~ :. 2.2.1 Students will. be informed of and required to abide: by ._ - _... transportation and--other district student behavior rules to help.- - ensure the safety of students and transportation employees. > ~ f: - .Any student who violates the rules may be` denied school -or;; ; t = transportation, privileges with notification of:-his_or her:>parent , -~: • ~ or guardian.:: (See -District Administrative Regulation 503:3AR, ~ ;;~ ; , ;, ~ ;' ~.n . • . ~ Student Behavior:Expectations and Consequences for :. - s:},F,, . . Misbehavior, ` foz ;more information) . ~ - ` - "`' `~ - • 2.2.2 If a student's transportation privileges;•are_revoked temporarily z: s" or permanently .because of thestuderit~s misbehavior the , ` z~ ' .. _ - __ student's parent or:guardian will-be re"sponsible.~for transporting ~ --'~ •~ the student to and from school. = :. :1~ -. '` - 2.2:3: The policies in section ~ 2.2. ~1 above will be. adjusted, as required . ti "~`~ - ~ ~~ by federal and state laws and regulations, for;special'education ~ *~~ ' .' • - ~ students- who have. individual education plans (IEPs) ~- For `'more • ~~ =' '~ i= - information; see `section • 6 below or District Administrative `~ ` <} , '~~` ::, ' Regulation 503.3.1AR,' Special Education-Students: .: - - - '. Consequences for Misbehavior.. ' 2.3 Safety Training - 2.3.1 The district will develop and implement programs to inform -- students and the public about safety issues related to student transportation. iay Policy 707 Page 3 • 2.3.2 The district will provide students enrolled in kindergarten through grade 10 with age-appropriate school bus safety training. The training will be results-oriented and will consist of both classroom instruction and practical training using a school bus. Upon completing the training, a student will be able to demonstrate knowledge and understanding of at least the following competencies and concepts: - 2.3.2.1 Transportation by school bu_ s is a privilege .and 'not a right; -- • - . - ' :... _ ; ' t ;,ter ,r ~ .r.. ' .:2 3.2.2 Distncf policies for student conduct-.and school bus ~,~~ ,,~~'''~ . .- safety , ~ _, ,,,~~ `'~ . ~ ~ ~ ~„~- . ~ '2 3 2.3 Appropriate conduct while on the school busf ~- ~ •~.rt ~, '.Y,T °~~` 2 3 2.4 The danger zones; surroundug a school bus, : ~ ~ ' ~,~ ~'^~.~,• ~~~. - s•~rY 2 3:2.5 Procedures for safely boarduig and leaving a `school ~r bus;. _ .: -`~`~ - - - 2.3:2.6 Procedures .for-,safe -street or=road -crossing, ; ~ ~ ` - = - - - 2.3.2.7 School bus\evacuation.and other emergency- - ' procedures, and . ' 2.3.3 2.3.2.8 Appropriate training on the use of lap belts or lap and shoulder belts. Safety Training Timeline - - 2:3.3,1 All students enrolled :in kindergarten through, grade ~• s4 three`ivho`are transported byschool bus.and are - enrolled during the' fast or. second -week of school:~> _ 2.3.3.2 ' 2.3.3.3 must'demonstrate achievement'of the school .bus :~ - - .tom: safety. training competencies by the end of the third _ <~~:~; week of school.. ~ ~~== 1 All students enrolled in grades four .through, 10 -who ~ ' ' = ,-' are transported by scliool bus and are enrolled during - the first or second week of school must demonstrate = - achievement of the competencies by the end of the .:: ~ - - sixth week of school ~• ~ - - :~. : {, . Students in kindergarten through grade 10..who enroll I `,~ `+ _ in school after the second week of school ~ and are '~ transported by school bus, will undergo school bus ~~ - - safety training and demonstrate achievement of the - - - school bus safety competencies within four weeks of the first day of attendance. ~a ~ Policy 707 Page 4 2.3.3.4 The district will, to the extent possible, provide kindergarten students with school bus safety training before the first day of school. 2.3.3.5 Safety evacuation drills for student passengers ~zll be conducted at least twice a year. 2.3.4 The district may deny transportation;_to apublic school student , who fails to demonstrate. the competencies, `unless thestudent ~ ~- • - is unable to achieve the competencies-due to a disability, and to ._: ~_ . a nonpublic school student who- attends a nonpublic school t. that fails to provide appropnate student training. ~ -}~ -: ~,, ~~ _ - ~ ---2.3 5 - The'. district will .also provide student safety education for =w ~~ n. ~~' _ _ ~ - . bicycling ~ and ,pedestrian ~"safety •for students m ,kindergarten<~ ~1~ ~ ~~T~' •:~ - throug~i-grade five ,~s a.. ~ .: r~ _ -...~ y , ~~ ,, 2:3 6 .-: The district-will make reasonable accommodations fortithe~ .,~~~z~ ~~~,, ;' school bus;bicycle `and pedestrian ~safetyaraining of .students ~~ r~# ~ ~~~~- . - known'to`speak English .as a second:languageand students ; ~` 5 i, with disabilities. ~' '° "''r`'' ` _" `" . , `. 2.3:7_ The<disfrict's curriculum: for ~transportation.is riaintained-and ,-~' t ~Y ~L; " ~ available.-for review:-in "the Districf.Transportahon Department , - °~~w~'~.~- 2.3.8 A copy of the district .school bus and bus_Stop-rules .will be ==`'' _, ~ '~ provided to each family in-the district at the beginriing~of the "- : '~: school year or when the child enrolls if this. occurs during the ~ - x. school year. Parents and guardians are asked to -review the :" :.-:- - = = - rules with their .students... - - _ _ - 1 .:; 2.3.9 ..The district will make a. school .bus available for school bus , ;•_. r t`_~~. safety;training to nonpublic. schools in the-district~:which have ~ ~ ~~~. ~: ; :. students erirolled;•in kindergarten through'' grade: 10: who are ~ :sY- ,. - -transported by. school bus at public-expense ''`~, 2.4 The District ~ 196 Director: of Transportation ~is designated to ;serve : as .=<<::; :~ ~~: ' the district's School Transportation SafetyrDirector.• •. ~;. 2.5 A description of district funds expended.:for school bus safety activities .~~ ~.-;_- _ from student transportation ;reserved revenue is kept in_ the District - ` =' .Transportation Department; and is available~~for review:. As required -by ~: - A'= - law, .these expenditures are ,annually:reported,ao:tlie :Minnesota - ~ _ Department of Public Safety: - _ .~; 3.. Bus Routes -Bus routes, will~be,established so~no student rides•the bus for "14. moreahan one hour'and 15 minutes one way.-.~ ~ - - ~~`=~ .. , : -r_ 3.1 Bus stops will be established at suitable places so students can be transported within the eligibility guidelines described in section 1 above. Parents are responsible for ensuring that their children get to and from their assigned bus stop. /a~ Policy 707 Page 5 3.1.1 Elementary school students (kindergarten through grade five) will be picked up and dropped off at a designated school bus stop within one-half mile of their home or daycare. 3.1.2 Middle school students (grades six through eight) will be picked up and dropped off at a designated school bus stop within one mile of their home. (Students who ride the bus home from . school after participating in after-school activities will be dropped off in accordance with section 4 below.) ,: ;" 3.1.3. High.;school students (grades nine through_;12) will be=pickedyy f,. ;_ 4 rfi~;;; ~.: - ~ ~•`up arid dropped .off at -a .designated school, bus stop within cr"~eWf ~~_ } `~ w, ,,. _ mile "of their home , -,(Students- who ride the bus Home from ~ . ~~ ~, , ~,~ ~- ~ 'school after participating in ~aftei-school . activities will ,be ,~ .. ~ . ~ ;~ ~ ',~;; __ _ ~ dropped off ui accordance with ~ section 4 ~ below) r-: ~s `~ .;~. _ - _- - 3.1',:4 Except t~ transport special="education• students, buses vinll .: ;,. ~ rz r'~'~ti°:#` ~~. . ~ ~~ - ~ .=generally not_lie routed down. cul-de:sacs~because of the safety _ `~~~ - ~ threat to small children and ro• ert ~ f ' ~~' _ p p y. caused .by he, bus turning =• ~. around and/or .backing up:in a small.:area.. However, in ~ _ - - d °- ~ . - t , compliance. with sections 3.1.1, 3..1_.2 and, 3.1.3 above,., . elementary` school buses will-lie :routed down cul-de ;sacs which, ..~- are one-half mile long or longer, "middle: school Wand ~ high school ~ _` ` buses--will be .routed down cul-de=sacswhich" are one mile `or - ~ S longer. .. 3.2 Exceptions -Except for the cases noted below or an emergency, a student will only be released from the school bus at his or her designated bus stop or at school. 3.2.1 Students may be picked up or dropped off at a destination other _ than. their normal bus stop only. when requested in writing by ~~~ -. the student's parent or guardian 'and approved by an appropriate, - a ~s~; `, school administrator. A written request •must be submitted .each `. ~_ ,~i, - time a different drop-off or pick-up point is • desired... - - - ~" _ ~1 . .. _ r,-` 3.2.2 The district will provide transportation to~and/or'frorii the ~~ -y - residence of ari elementary school student's daycare: provider: ~ ~: .`- - only if the residence meets transportation `eligibility .guidelines : `~ ~~-; as noted in section 1 above... ~ ;~ r; 3.2.3 The district will provide transportation for high:. school :work ` ,. = ;3 ` program students between "the student's school 'and work .site . . - ~ - . _ ii 4. After-School Transportation from School to:Home -Transportation will be ~ ` :: - provided on a limited basis for students in grades six through 12 who stay ~ _ after school to participate in school activities: Middle school and high school students will be dropped off at a designated school bus stop within one mile - of their home. 5. Charter Transportation -- Schools and district departments may request charters through the Transportation Department for transportation other than between home and school. /3D Policy 707 Page 6 6. Transportation for Special Education Students/Students with Disabilities -- The transportation program for students with disabilities will encompass all authorized transportation services, district and contracted, required to transport students ~~ith disabilities. Such students include, but are not limited to, district students who have temporary or permanent - physical, mental and/or emotional disabilities. 7. Transfer Student Transportation -- Students .who attend a school other than. _ the school in their attendance area on the basis of approved district transfers' ; ~: ~y, '' may be transported within the-guidelines of District Policy, 502,. Student •, ~ ' `'~ ` - Transfers ';• l ~: ~ ~ - _ < ` '. ._ _. ~ -: ~:. ~ ~~+ "-, ~, .. :.~ 1 S aA r,s :dun .ac ,, _it ~~. '~ a ~~ C 1 $~~•i. j? .~. ~L ~' 8.- ,Nonpublic Student Transportation' ~: ~-' ~. ~~ ~~ r = a~-. _ 8 1. Transportation sen~ce will 'be provided to and from' school forYdistrict ~"~= > ; f ~_~_ " •_~~:~ students who •attend nonpublic `schools`:within`;distnct boundanes,~``arid ~ ;~~~., _ - -~= . for distnct student's' wlio attend nonpublic-schools' outside~ai~tnct cY~~~ ~;z _ =~` . bouriciaries,- in accordance with state statute . ,~ ~ }~~- r- ~ ~' k~. ~ ri ~~F~~y ~~ s,. ~: ~; 8.2 The administration ..will ,schedule: transportation `operations in. :~~-.~ 'r_ ~" , .~; - cooperation :with the officials Hof nonpublic schools.- . However; he .terms ~-r ` '" and :conditions. of nonpublic achool.transportation services:~will be ~p ~`N`~~.,. :"~ - ~- determined solely by the.,Board: of~ Education and will be consistent ~` ,~. <~;~~ •~ - with state statutes. '~•~ ~ :_ :.~ '~ - ~ ~b C e 9. Transportation of Persons Other Than Students -- Except for the cases ` ~ ~ ' ~ - noted below, only students assigned to the school bus by the .district shall be transported on the school bus. ~. - ~ • - 9.1 District 196 employees are permitted to ride school buses for official .purposes only. - - : °' - ~ _ ~ ~.. 4.,:, -1 . r~ . 9,.2 ,Other people are_ permitted to`nde'school buses only with the consent ;r , - of the principal or designee _ ~'~ : _ _ ~ ~ ~ ` y's`,:=: _ : ~ ~i~ r; `10.' Employee Transportation of Students--District employees'may_ transport s~.1~ ~: district students in their own Type III vehicle :(cai- or .van)` or 'district-owned .:,'~ van for scheduled activities such as cocurricular activities; field trips aril . ~ other.. circumstances, as approved by: an administrator _ ~ •;; _ 10.1 Transportation of students •by district employees in their own vehicles '~ may be allowed if .the employee: and his `or her vehicle meet'state 'and ~ - ~ ~~: districtguidelines; as.:_described-in District Administrative `Regulation ~ - ' - 707.12AR, Transportation` of Students by •Employees, in the Employee's , Type III. (Car or Van) .Vehicle. - ~- - - . -. - - ~ . _ 10.2 A van or bus converted to a seating capacity of 10 or fewer and used by - an employee to transport students on or after August 1, 1999, must - have been originally manufactured to comply with the passenger safety standards. /~/ Policy 707 Page 7 10.3 The district will not knowingly allow an employee to transport students in a Type III vehicle if the person has been convicted of an offense that disqualifies him or her from operating a school bus. 11. Students Transported in Vehicles Other Than Those Provided by the District 11.1 It is the parent's or guardian's responsibility (or the responsibility of the adult student age 18 or older) to provide transportation between school _ sites when students need to go from one school site-to another;,for : _ - - .- educational reasons during the school day.: The district;Will-permit _ ~.::;; .students to travel .:between school: sites. (with the exception descnbed m ,~ .,, . 11.2 below) if the student's parenf or guaiazdiari; or tke adult studen~-.age ~~ ~' ~~~' - , „_ -_~ " •: -18_ or older,` signs :fhe distnct~s .release'of liability form:,(Distnct .~ F ~~ ~t~~: •. - Procedure 707 13P,_~Release~ of Liability for Students Transporting t ~.; ~ ~ ~ .~~;~~` . ..Themselves Between School Sites Dunng flier School Day) `. _.. *,} _ .. _. i ,;ice , ~ .. "~ - ,w `~~,G~`~-~. ~, 1 T:2 Students willynot be penrutted.to drive to' or from a .buildzng:housmg ri .~ ~x;' _`~~.~ element students exce t' to di-o ~ off or: ick' u . a~afudent~ who• attends :' A 4 ~c~` school in that building; or to "participate -in, a"'specific ,program <:(such 'as w~ mentoring or .tutoring) with staff or -students in thatbuildirig: ~ ~ ~`~~ ~~ _: :: - .. _ _- Y, : w . ,. ~ .- . .... ,. 12. Bus Maintenance -" • ~ ' ~ - 12.1 ,All district-owned buses and vans will`be rriaintained iri ~safe~ operating -' conditions through a systematic preventive maintenance -and inspection program, and will be inspected annually by the Minnesota State Patrol. 12.2 Daily pre-trip.inspections.of vehicles and special .equipment :will be . required. The person conducting the inspection shall promptly report . any defects to be immediately corrected.. : . 12.3 Any vehicle designed to',.carry more than .10 passengers must meet all legal requirements for a-`school bus:.. ~ - - _~, -. ~ :: 12.4 Type III Vehicles -- A Type. III vehicle is defined as a~car or van designed to carry 10 passengers or less. ~ • '~_ 12.4.1 Any Type .III vehicle used to transport students must carry all ~• ~ . emergency equipment, including a fire extinguisher, first aid __ - kit, bodily fluids clean-up kit, flashlight and reflectorized emergency warning triangle. - _ ~ ,.- _ - _ 12.4.2 If owned by the district, the name of the district-will be clearly ~ ~ _ _ marked on the side of the vehicle. ~ ~ ~ : ~ - 12.4.3 All district-owned Type III vehicles will be properly licensed, - insured and inspected. /3~- Policy 707 Page 8 13. School Bus Drivers and Chaperones 13.1 Responsibilities -- All bus drivers and chaperones will be adequately prepared, physically and mentally, each day to perform their required duties which are described in the District 196 Transportation Department Employee Manual. Those duties include, but are not limited to, the following items: 13.1.1 Operating the vehicle safely and efficiently; ... - :1'3:1.2 Conducting thorough ;pre=tnp and post-trip inspections of the vehicle -and special equipment, x, ~ -~ , ,~ ~~~ .. ~ t ._LY i% ~~~ 21 r ~ _ ``-. V ._y y .~':~f , y?> .`i~ ~..._" T9 ~. iS ~'t ~F^''~`~L '1 L.' a 7~ ~,~~~. j4' >`Y.^ t~;~: nf. .~ ~S~ . ~ r~".'~tt_ 13.1 3 Ensunngahe sa_ fety, welfare and; orderly conduct of passengers ~ s ~,~ - ,:: on ~ the `vehicle, = w„ ,.;, "= ~ - s t~ Y ` ~° ;~`~~ - 13:1 4 ` Meeting emergency situations in; accordance v~nth operating,. t~ ; > ~ ~.~~. _ - , procedures; '' ,~ = ~s .A .~ :, ~ ,~~,; ~ ~~ < ~ .. ~ ~ ~ ~ .~'~- ~.~.~ .,,, ,~ ~ ~ _ - - - - .,~x c-_ ~ > „~. t - S yr ~ ~ r ~`~„ %is~i . ~ ~ . 13.1.5 ~ Communicatmgi ;effectively with - chool staff, students,; ~Sazents, ~`, s ~tir~~^ • _ - law enforcement~officials.arid,.motorists, ~ _s; _ .. '•.•n ~ ~~~r'~` } .~t ~ ,~ . ~,. ~ .13:1.6 .Completing required 'reports, f~~~. 13:1:7 - Completingrequired ~trainirig programs successfully, and ' ~ _ { ` ~~' _ , .:, ._ 13.1.8 Providing maximum safety foi-• passengers during loading and ` ~~ ,~# _'- unloading. .. -13.2 Training .. - - ',.. 13:2.1 All new school bus drivers will be provided with``pre'service h~ '.. ~~~ training, including:;in-vehicle ,(driving) instruction, before ~,~:'~ ,:._ - - transporting students and shall meet .the_competences ~= .:. ~ , • specified by the: Minnesota Departrrient of Public.Safety _,This ~ ; ~ ~ ~ ` ' . ~. _ ~~ will include: training m th'e following areas: ` pre.-tnp _ ° : '. F t - inspection, fundamentals and techniques ;of school,bus..drivmg, =' ~~~ ~~ special education:transportation, emergency procedures, first - - aid, private or confidential student information, astiident :_' ~ - .. .. discipline, human. relations and chemical.abuse ' _ - _ 13.2.2 All school bus drivers shall receive a minimum of eight ~hoizrs of ~ ~ ~~ ~ } ' ~ inservice training annually. _- , _ _ , _ • " '' 13.2.3 All chaperones shall receive~a minimum of six hours~'-of~ ~ ~. - inservice training`annually. ~. ~ -~,~~:-: _ 13.3 Evaluation -- Drivers must meet minimum standards as prescribed by =- the Minnesota Department of Public Safety. All drivers will be ~ . , evaluated at least once annually as required by state law. - 14. Policy Review -- This policy will be reviewed annually and amended as appropriate. /3~ Policy 707 Page 9 References: -Minnesota Rules 3520.0400, 3520.1400, 3520.1500, 3520.3300 - Minnesota Statute 123B.36, Authorized fees - Minnesota Statute 123B.88, Independent School Districts, Transportation . -Minnesota .Statute 123B.90, Student Training , .., ~ ~ _ , - Minnesota. Statute:121A,59, Bus Transportation a Privilege Not a ~ Right _ ~ - . -, .. , ,. _ - =.: . - Minnesota:Statute :123B.91, School.District Bus .Safety _ ;~ - . - , .Responsibilities T -~ f rY - -_ { G _ - r _ ..l+L ~~ ~ ' policies/700 serie3/707/Grephic Arts/12-18-01 `t + - - •+~-• *- - .. : x y~'- ~. r ~ -. S- 4 r: j = 2 S . ~ - w f - . 4`k - -~'~~j.. _ _ _ _ _ _ Y -.~.t Y _ qtr ~ f _ - ~ -~ a ... .. _ .. ~ _.. - - - `A SEvt. _.. . 'A' _ L~ j ' 2 .~ l .- - ... - , ,. y;: .: - .. ~ „c. , - _: ;.. .. .. . '-. .; ._. ~_ - .. ~~ . W _ -. _ ~-:. / ~'~ Agenda Informational Memo Apri12, 2002, City Council Meeting B. CONDITIONAL USE PERMIT (ROCCO AND DIANNE ALTOBELLI) ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow the floor area of an attached accessory use to exceed 1,100 square feet on property located at 1300 Deerwood Drive (Lot 2, Block 1, Altobelli Addition) in the SW'/4 of Section 22, subject to the four conditions listed in the Draft APC meeting minutes. FACTS: • The applicant is proposing to construct a 1,613 square foot attached accessory use in conjunction with a new single family dwelling. • In July 2000, the City Council approved a Zoning Ordinance amendment that limited the total floor area of a detached accessory buildings and any attached garage to 1,100 square feet, except with the issuance of a Conditional Use Permit. • The proposed structure complies with setback, building height, floor area, and building coverage requirements in the Zoning Ordinance. • On March 26, 2002, the Advisory Planning Commission held a public hearing on the Conditional Use Permit and unanimously recommended approval with the conditions in the staff report. The Commission members stated that the attached accessory use would be compatible with the neighborhood because it is attached, architecturally designed to blend with the principal structure, and proportionate to the floor area of the dwelling. ATTACHMENTS: Draft March 26, 2002, APC meetin minutes, page%~ to ~3 / Planning Staff Report, page ~ to ~3S DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA March 26, 2002 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 26, 2002 at 6:30 PM, at the Eagan Municipal Center. Present were Chair Huusko, Members Bendt, Nosbush, Steininger and Stackhouse (amved at 6:35 pm). Also present were Senior Planner Mike Ridley; Planner Cynthia Kirchoff; Planner Pam Dudziak; Assistant Engineer John Gorder; City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Chair Huusko announced the continuation of item H. Member Steininger moved Member Nosbush seconded a motion to adopt the Agenda as amended. All voted in favor. FEBRUARY 26, 2002 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Bendt moved, Member Nosbush seconded a motion to approve the February 26, 2002 Advisory Planning Commission meeting minutes. Member Steininger abstained from this motion. All others voted in favor. III. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT - ROCCO & DIANNE ALTOBELLI A Conditional Use Permit to allow accessory building area in excess of 1,100 square feet on Lot 2, Block 1, Altobelli Addition, located at 1300 Deerwood Drive in the SW '/4 of Section 22. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated March 21, 2002. She noted the background and history. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. /3!0 City of Eagan Advisory Planning Commission Meeting March 26, 2002 Page 2 DRAFT Citing the compatibility and scale of the new garage and house, Member Steininger, Member Bendt and Chair Huusko expressed their approval of the Conditional Use Permit. Member Steininger moved, Member Bendt seconded a motion to approve the Conditional Use Permit to allow accessory building area in excess of 1,100 square feet on Lot 2, Block 1, Altobelli Addition, located at 1300 Deerwood Drive in the SW '/4 of Section 22 subject to the following conditions: The Conditional Use Permit shall be recorded at the Dakota County Recorder's .Office within 60 days of approval. 2. Total area of the attached accessory use shall not exceed 1,613 square feet. 3. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 4. The accessory structure shall meet all other Zoning Ordinance requirements. All voted in favor. /3~ PLANNING REPORT CITY OF EAGAN REPORT DATE: 03/21/02 APPLICANT: Rocco & Dianne Altobelli PROPERTY OWNER: Same REQUEST: Conditional Use Permit LOCATION: 1300 Deerwood Drive CASE: 22-CU-03-02-02 HEARING DATE: 03/26/02 APPLICATION DATE: 2/15/02 PREPARED BY: Cynthia R. Kirchoff COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-l, Residential -Single Family SUMMARY OF REQUEST Rocco and Dianne Altobelli are requesting a Conditional Use Permit to allow the total floor area of an attached accessory use to exceed 1,100 square feet located at 1300 Deerwood Drive (Lot 2, Block 1, Altobelli Addition) in the SW'/4 of Section 22. AUTHORITY FOR REVIEW Accessory Structure Standards City Code Chapter 11, Section 11.10, Subdivision SCS, states that the total floor area of all accessory buildings, whether attached or detached, shall not exceed 1,100 square feet, except by the issuance of a Conditional Use Permit. Conditional Use Permit 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. /35 Planning Report -Altobelli CUP March 21, 2002 Page 2 B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfaze because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject property is legally described as Lot 2, Block 1, Altobelli Addition, which was platted in 1999. EXISTING CONDITIONS The 10.4 acre site is currently vacant. A single family dwelling was demolished on the property in 2001. The property is heavily wooded and abuts a pond. SURROUNDING USES The site is surrounded by property guided for single family residential use. The properties directly adjacent are zoned A, Agriculture because they are large parcels of land. /~5 Planning Report - Altobelli CUP March 21, 2002 Page 3 EVALUATION OF RE VEST Proposal -The applicant is requesting to construct a 4-stall, 1,613 square foot attached garage in conjunction with a single family dwelling on property zoned R-1, Residential Single Family. Thus, the total square footage of the accessory use would be 513 square feet more than permitted by the Zoning Ordinance without a Conditional Use Permit. (City records indicate that the previous attached garage was 1,872 squaze feet.) Compatibility with Surrounding Area -The surrounding properties are developed with single family dwellings with attached garages. Garages aze a permitted accessory use in the R-1 zoning district. The zoning ordinance defines a private garage as "an accessory building or accessory portion of the principal building that is primarily intended for and used to store the private passenger vehicles and trucks of the family resident upon the premises and in which no business, service, or industry is carried on." Since the accessory use is attached, architecturally designed to blend with the principal structure, and is proportionate in relation to the floor area of the dwelling, it appears to be compatible with surrounding uses. Site Plan -The site plan indicates that the attached garage and single family dwelling meet all applicable Zoning Ordinance bulk standards. A building permit has been issued for the single family dwelling, however, the gazage portion of the structure will not allowed to be built unless a Conditional Use Permit is approved and the City is aware that it has been recorded at Dakota County. Setbacks: The Zoning Ordinance requires that single family dwellings maintain a 30 foot front yard setback, 10 foot side yard setback for the dwelling, 5 foot side yard setback for the garage, and a 15 foot rear yard setback. The survey submitted with the application indicates that all setbacks would be met. Building Height: Accessory structures are not permitted to exceed 16 feet in height. Building height is measured to the average height of the highest gable of a pitched roof. The architectural plans indicate that the gazage portion of the dwelling would be 13 feet in height. Floor Area: The Zoning Ordinance prohibits an accessory structure from exceeding the footprint of the single family dwelling. The proposed footprint of the single family dwelling exceeds 3,000 squaze feet in azea and the proposed garage is 1,613 squaze feet. The purpose of this requirement is to ensure that the dwelling is the principal use and the garage is the ancillary use of the property. Building Coverage: All buildings, including accessory structures, shall not cover more than 20 percent of the lot area. The pazcel is 10.3 acres. The total structures would equal approximately 4,600 square feet. Therefore, the building coverage is approximately 1 percent. l~fa Planning Report - Altobelli CUP March 21, 2002 Page 4 Access/Street Design -The single family dwelling with attached garage would gain access via the existing driveway. Tree Preservation -The survey does not indicate existing significant trees, but it does indicate grading is proposed to accommodate the new single family dwelling with attached garage. However, the site plan indicates that construction will not take place in the heavily wooded areas. Accessory Structure Conditional Use Permit Findings - A Conditional Use Permit may be granted if the following requirements are met: There is a demonstrated need and potential for continued use of the building or structure and the purpose stated. Finding: The purpose of the application is to permit the construction of an attached garage for personal storage. The demonstrated need in most instances is to prevent items from being stored outdoors. The need is consistent with the definition in the Zoning Ordinance. 2. In the case of residential uses, no commercial or home occupation activities are conducted within the accessory building or attached garage. Finding: The applicant has indicated that the accessory structure will be utilized for personal storage, not for a commercial operation. This criterion is included with the recommended conditions of approval. 3. The building has an evident re-use or function related to the principal use. Finding: An attached garage is utilized for the storage of personal items that are accessory to the principal use (i.e., a single family dwelling), as defined in the zoning ordinance. 4. The provisions of section 11.40, subd. 4 of this chapter are met. Finding: The accessory use does not appeaz to be detrimental to the neighborhood, complies with relevant City Code provisions, and appeazs to be compatible in appearance with the character of the vicinity because it is attached to the dwelling. The use is served by adequate public facilities and would not be hazardous to adjacent properties. Further, it is designed to be part of the principal structure, is smaller than the floor area of the previous attached garage, and is in proportion to the size of the dwelling. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit to allow the floor area of an attached accessory use to exceed 1,100 squaze feet. The attached garage is proposed to be 1,613 square feet. /`f/ Planning Report -Altobelli CUP March 21, 2002 Page 5 It does not appear that the proposed use would be detrimental to adjacent structures. The accessory use would be served by adequate public facilities and would not be hazardous (involving noise, smoke, fumes, glare or odors) to adjacent uses. The design and exterior materials appear to be compatible in appearance with character of the neighborhood because it is an attached garage. The floor area of the garage appears to be proportionate to the floor azea of the single family dwelling (principal use), as it is approximately one-half the size of the dwelling. The acceptability of a Conditional Use Permit to allow the floor area of an attached garage to exceed 1,100 square feet is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow the floor azea of the attached accessory use to total 1,613 squaze feet located at 1300 Deerwood Drive (Lot 2, Block 1, Altobelli Addition) in the SW '/a of Section 22. If approved, the following conditions shall apply: The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. Total area of the attached accessory use shall not exceed 1,613 square feet. 3. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 4. The accessory structure shall meet all other Zoning Ordinance requirements. /5~~- FINANCIAL OBLIGATION -22-CU-03-020.02, Rocco & Diane Altobelli C-U-P 10-11300-020-01 Lot 2, Block 1, Altobelli Addition There are pay-off balances of special assessments totaling $473 on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the pazcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges aze proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The chazges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT Storm sewer trunk USE RATE QUANTITY SF $.09/Sq.Ft 254,000 Sq. Ft AMOUNT $22,860 TOTAL $22,860 /y3 Eagan Boundary ~ Street Centerline L ti M Parcel Area oca on ap Building Footprint > t -"' C :~ -/ ~r~ - _ - -- I--~..~ - S .~~ _- '" _ V cr 3 ,~, p ...~... ~ c n A n ~~ ~ C+ v~CiC ~ n ~ ~ ^ ~ e L ' ~ ;: tt ~~> ~ E ~ ~d ddo m Mew ' ~ v ' ~ P `: 3 * ~ ~ Q ~ @ ~ ~ e ~ ~ 9 ° Sub t Sit ~~ ~ o _ ec e ~~ ~ ~W~° j ~ a as ~ ~ ~ ~ ~ f ~ a ~ ~ p aI o~ ~ . ~ o ' ~ ~ ~ _ .~. l ~ ~ ~~ _ 3 ' C ~ , ~` f% :r ~ = r _ ~~ ac ~ ~ ~ ~ ~ ! ~ ~v .~ s `~ a y { t .`~'~ (> a ~.a '~~. li ~'" v d~ .~ a5 d ` !J y F ' b r ~ .~. ~ .: ~,~ wN €1 ti s ^, ~ t~ ~ ~ _ V ~ U E V ~ G f ` :~ ~ a o c ~ ~ ;; s ~ v ' ~ ~~ r ~~ .a ~ ~ ~ p i c 3 - `~` ~ ~ o ~ ~ ' q ''~ c. `~ ur c ~ ` 4 . ~ n 4r _. ~ ~ ~ C.+4 1 > ~ i~ 1000 0 1000 2000 Feet Development/Developer•. Rocco And Dianne Altobeili Application: Conditional Use Permit Case No.: 22-CU-03-02-02 Map Pntpand wing ERSI McVi.w ~.1. ParcN Eaw map data provided tyr Dakoh County and Survey D.partmaM and is currant a or OetoWr 2007. N / City of Eagan ` ~ TNIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E A4 h' rv ~ ; 0 ___ ~. The City of Eagan and Dakota County do not guarantor the accuracy of this IMonnation and an ~O^1OYA~' °iv~Op"""t eipatn'^t not responsible fo- errors or omissions. S Current Zoning and Comprehensive Guide Plan Rocco and Dianne Altobelli Land Use Map Case No. 22-cu-o3-o2-02 Zoning Map Current Zoning: R-1 Single Family Residential wo o eao ~aoo rwt _1 ~ tl p A •~ 9 i A R-~ PF p R.~ A R-1 R-1 e a c R-3 z i R1 PF O Comprehensive Guide Plan Land Use Map P LD LD 7~ Current Land Use Designation: CP LD LD LD Low Density Residential P MD d P s S w tf QP two o eoo taoo y«t ~ L -tacel Yew nW p hMeemetbn provNedey Delcen GuetY landiwey Depa.teiat 04~D1/01. N Zonln9 4iMmetbn nWiAateed Yy CKY stet. City of Eagan W >: ~. THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Deparbnent Tha ~~ ~ Eagan snd Dakota Cotnty do not guanntea tha aeeuncy tN is totmatlon. s ~ •'. y `'{ ~ e '~ ~ - -- ." i~,;~ij ~;;~j FI IZISL NYY'NYDY3 T ® _ - _ _ ~ ,' ~~s I:I,. / 3~IflQ OOOAAH330 OOCt j l i ~ f Q 'T t b ~ i ~; ~) )~f~:rt ti!Ir ~t 30N30153H1~~39011Y3NNV1040090H j ':_n~ O -~a 3 .~~~! ~~~ ~=~ i~i;~~ i±€; ~ ~ Nd'ld 311S ~ ~ " i ~~2~' Q i i ~~ + t ,~ I,;~' I , Sl06WJlS JNIMdl:10 'S310N lb'd3N3J " " ` (..~.1 zl w ca 0 'a w z z s 0 0 U ert tEf ~ r Iri ~~ t >>~ 9[13 tcc I~ . ~~ ~~~ ;~ it~~ 0 ~, !F u ~ct~;~f °7 ~t[e i ~c Qi ;~~jQQ~E€ +~ :QEt Fa:p¢<< i~ ;;9?!ts)99~; `~tFF', ~ s ~ ~ ~ i I~ I~ i? I> E-' z_ t f E f II f• _ r f.t I• t4 ft• 1{ff f tf. 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' ~ ~ ~ 4 OC,~ . ~ RADI G PLAN ;, ~ ~ ...... ~Z _ ~, 1 / _ G ~`" Agenda Informational Memo Apri12, 2002, City Council Meeting C. CONDITIONAL USE PERMIT (ROBERT MUELLER) ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow the total floor area of the existing attached gazage and a proposed detached accessory structure to exceed 1,100 squaze feet on property located at 1944 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW '/a of Section 31, subject to the nine conditions listed in the Draft APC meeting minutes. FACTS: • The applicant owns Lot 13 and Lot 14, Block 1, Safari Estates. A single family dwelling with attached garage is present on Lot 13 and Lot 14 is vacant. • The applicant is proposing to construct a 1,090 square foot detached accessory structure on Lot 14. • An 852 squaze foot attached garage is present on Lot 13. Thus, the total floor area of all accessory uses would total 1,942 square feet. • In July 2000, the City Council.approved atoning Ordinance amendment that limited the total floor area of a detached accessory buildings and any attached garage to 1,100 square feet, except with the issuance of a Conditional Use Permit. • The proposed structure complies with setback, building height, floor area, and building coverage requirements in the Zoning Ordinance. • On March 26, 2002, the Advisory Planning Commission held a public hearing on the Conditional Use Permit and unanimously recommended approval with the conditions in the staff report. The Commissioners stated that the proposal would be compatible with the neighborhood and an appropriate use due to the site's topography. ATTACHMENTS: Draft March 26, 2002, APC meeting minutes, page /S~ to I~y Planning Staff Report, page ~ to ~~ /SD City of Eagan Advisory Planning Commission Meeting D R ~ c March 26, 2002 (' Page 7 C. CONDITIONAL USE PERMIT -ROBERT MUELLER A Conditional Use Permit to allow accessory building azea in excess of 1,100 square feet on Lots 13 & 14, Block 1, Safari Estates, located at 1944 Safari Trail in the SW '/4 of Section 32. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated March 21, 2002. She noted the background and history. Applicant Rob Mueller distributed photographs of his property and discussed current drainage issues. Chair Huusko opened the public hearing. Dave Hansen, neighbor of Mr. Mueller stated he is in favor of the proposed. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Because the development of a home a home on the vacant parcel would be too disruptive, Member Steininger stated he is in favor of proposal. Chair Huusko stated he is also in favor of the proposal. He discussed a letter received from a neighbor that discussed an agreement between himself and Mr. Mueller. He proposed that the agreement be part of the conditions. Senior Planner Mike Ridley stated if the Planning Commission wishes, the agreement could be made into a condition. Mr. Mueller expressed his disagreement with the exact wording of the agreement in the letter due to the mature trees on his property. Member Steininger stated it would be best if the applicant and the neighbor can reflect an agreement in a written letter before the City Council meeting. Mr. Mueller agreed and stated a letter will be sent reflecting an agreement. Member Stackhouse confirmed that the structure would be used for storage and a garage only. Member Nosbush moved, Member Bendt seconded a motion to approve the Conditional Use Permit to allow accessory building area in excess of 1,100 square /s/ City of Eagan Advisory Planning Commission Meeting March 26, 2002 Page 8 DRAfT feet on Lots 13 & 14, Block 1, Safari Estates, located at 1944 Safari Trail in the SW '/4 of Section 32 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number to Lots 13 and 14. 3. The accessory structure shall not encroach into the private additional yard and recreation area easement on Lot 14. 4. Total area of all accessory structures shall not exceed 1,942 square feet. 5. A Tree Preservation Plan shall be submitted at the time of building permit. 6. The detached accessory structure shall exhibit the same color and materials as the principal structure. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 8. Living space shall not be permitted in the accessory structure. Water and sewer service shall not be permitted. 9. The accessory structure shall meet all other Zoning Ordinance requirements. All voted in favor. l5a- PLANNING REPORT CITY OF EAGAN REPORT DATE: 03/21/02 APPLICANT: Robert Mueller PROPERTY OWNER: Same REQUEST: Conditional Use Permit CASE: 32-CU-04-02-02 HEARING DATE: 03/26/02 APPLICATION DATE: 03/06/02 PREPARED BY: Cynthia R. Kirchoff LOCATION: 1944 Safari Trail COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Residential -Single Family SUMMARY OF REQUEST Robert Mueller is requesting a Conditional Use Permit to allow the total floor area of the existing attached garage and proposed detached accessory structure to exceed 1,100 square feet located at 1944 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW'/4 of Section 31. AUTHORITY FOR REVIEW Accessory Structure Standards City Code Chapter 11, Section 11.10, Subdivision SCS, states that the total floor area of all accessory buildings, whether attached or detached, shall not exceed 1,100 square feet, except by the issuance of a Conditional Use Permit. Conditional Use Permit 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. /53 Planning Report -Mueller CUP March 21, 2002 Page 2 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 appeazance with the existing or intended chazacter of the general vicinity and will not change the essential character of that azea, 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, glaze 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 mayor importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses 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 The subject property is located in Safari Estates, which was platted in 1978. The applicant owns Lot 13 and Lot 14, Block 1, Safari Estates, which aze contiguous lots. A single family dwelling was constructed on Lot 13 in 1999 and Lot 14 is vacant. Lot 14 has an ingress/egress easement over Lot 15 and Lot 15 has a yard preservation easement to maintain open space for recreational purposes on Lot 14. EXISTING CONDITIONS A single family dwelling with an 852 squaze foot attached gazage is present on Lot 13. The site has a substantial elevation change and numerous significant trees. /5 Planning Report -Mueller CUP March 21, 2002 Page 3 SURROUNDING USES The site is surrounded by property zoned and guided for single family residential use. EVALUATION OF REQUEST Proposal -The applicant is requesting a Conditional Use Permit to construct a 30 feet wide by 37 feet deep (approximately 1,090 square feet) detached accessory structure on Lot I4, Block 1, Safari Estates, which is zoned R-1, Residential Single Family. The existing attached gazage, located on Lot 13, is 852 squaze feet, thus, the floor azea of existing and proposed accessory use would total 1,942 square feet. The total floor area of a detached accessory building and any attached garage shall not exceed 1,100 squaze feet, except by the issuance of a Conditional Use Permit. Thus, the applicant is proposing to construct 842 square feet more than permitted by the Zoning Ordinance. The picture below is looking to Lot 14 from Safari Trail. (The existing home is in the left portion of the picture.) As shown, the site exhibits a substantial elevation change and contains numerous significant trees. Since the proposal will result in Lot 14 providing an accessory use to the principal use on Lot 13, the applicant should execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number for the two lots. Compatibility with Surrounding Area -The -` ~ ~ - ~ - _ _ . -..; surrounding properties are developed with single • ~ ~ "`"'~. , -~ family dwellings with attached garages that are made part of the dwelling's architecture. Garages are a permitted accessory use in the R-1 zoning district. The zoning ordinance defines a private garage as "an accessory building or accessory portion of the principal building that is primarily intended for and used to store the private passenger vehicles and trucks of the family resident upon the premises and in which no business, service, or industry is carried on." Based upon a site inspection and City records, it appears as though detached accessory structures aze uncommon in the general vicinity. Thus, the proposal fora 1,090 square foot detached accessory use may not be compatible with adjacent properties. General Standards for Accessory Structures -The Zoning Ordinance requires accessory buildings greater than 150 square feet in size to exhibit exterior finish materials similar and compatible to those utilized on the principal building and match the principal building in color. Further, they must be maintained in a manner that is compatible with adjacent uses and must not present a hazard to public health, safety, and general welfare. The plans indicate that the proposed accessory structure will have two dormers on each side of the roof, ample windows on all elevations, a double garage door, and be constructed of "Nardi" Siding. Thus, it would be /ss Planning Report -Mueller CUP March 21, 2002 Page 4 architecturally compatible with the principal structure. The colors have not been specified. These standazds are incorporated into the staff recommended conditions of approval. Site Plan -The site plan indicates that the detached garage is to be set back a greater distance from the public right-of--way than the existing dwelling. It is proposed to be constructed into the slope with the use of retaining walls.. Tree removal is anticipated. The proposed structure complies with all applicable bulk standards. Setbacks: The Zoning Ordinance requires that accessory structures greater than 150 square feet must maintain 5 foot setbacks from the reaz and side property lines and does not permit an accessory building within the required front yard setback. The site plan indicates that the structure will maintain the following setbacks: Front: 50.9 feet Sides: 24.9 feet 29 feet Rear: 103 feet Building Height: Accessory structures are not permitted to exceed 16 feet in height. Building height is measured to the average height of the highest gable of a pitched roof. The plans indicate the proposed structure is 16 feet in height. The accessory structure has a second floor with windows and interior stairs. The second floor must not be utilized for living space. Water and sewer service would be prohibited. Floor Area: The Zoning Ordinance prohibits an accessory building from exceeding the footprint of the single family dwelling. The footprint of the two-story dwelling portion of the existing principal structure is 1,692 square feet. The proposed detached gazage measures 1,090 squaze feet. Building Coverage: All buildings, including accessory structures, shall not occupy more than 20 percent of the lot azea. The two pazcels are 42,253 square feet in azea. The total structures would equal 2,782 square feet, so the building coverage is 6 percent. Access/Street Design -The garage would gain access via the existing driveway. Tree Preservation -The applicant has indicated that eight trees would be removed for the placement of the accessory structure. Staffrecommends that a Tree Preservation Plan be submitted with the building permit application for review. Accessory Structure Conditional Use Permit Findings - A Conditional Use Permit maybe granted if the following requirements are met: There is a demonstrated need and potential for continued use of the building or structure and the purpose stated. /~ Planning Report -Mueller CUP March 21, 2002 Page 5 Finding: The applicant's narrative indicates that the structure would be utilized for personal storage and additional- garage space. The demonstrated need for an accessory structure, in most instances, is to prevent personal items from being stored outdoors. 2. In the case of residential uses, no commercial or home occupation activities are conducted within the accessory building or attached garage. Finding: The applicant has indicated that the accessory structure would be utilized for personal storage, not for a commercial operation. This criterion is included with the recommended conditions of approval. 3. The building has an evident re-use or function related to the principal use. Finding: A garage is utilized for the storage of personal items that are accessory to the principal use (i.e., a single family dwelling), as defined in the Zoning Ordinance. 4. The provisions of section 11.40, subd. 4 of this chapter are met. Finding: It appears as though the proposed accessory structure as a use will not be detrimental to the neighborhood or the City. The site is served by adequate public facilities and services and will not involve hazardous activities. However, the size and presence of the structure may not be compatible in appeazance with the existing chazacter of the general vicinity because accessory structures are typically attached and integrated with the dwelling's architecture. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit to allow the floor area of all accessory structures to exceed 1,100 square feet. The combine floor azea of accessory uses would total 1,942 square feet. It does not appear that the proposed use would be detrimental to adjacent uses. The accessory structure would be served by adequate public facilities and will not be hazardous (involving noise, smoke, fumes, glaze or odors) to adjacent uses. However, since the structure is detached from the dwelling, exceeds 1,000 square feet, and the majority of adjacent properties do not have a detached accessory use, its compatibility with the character of the neighborhood is in question. Typically, accessory structures are attached and made part of the dwelling's architecture. The acceptability of a Conditional Use Permit to allow the floor area of all accessory uses to exceed 1,100 square feet is considered a policy matter to be determined by the City Council. /5~ Planning Report -Mueller CUP March 21, 2002 Page 6 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow the floor area of all accessory structures to equal 1,942 square feet located at 1944 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW '/4 of Section 31. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number to Lots 13 and 14. 3. The accessory structure shall not encroach into the private additional yard and recreation area easement on Lot 14. 4. Total area of all accessory structures shall not exceed 1,942 square feet. 5. A Tree Preservation Plan shall be submitted at the time of building permit. 6. The detached accessory structure shall exhibit the same color and materials as the principal structure. 7. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 8. Living space shall not be permitted in the accessory structure. Water and sewer service shall not be permitted. 9. The accessory structure shall meet all other Zoning Ordinance requirements. /5B FINANCIAL OBLIGATION - 32-CU-04-02-02, Robert D. Mueller C-U-P Lot 13 and 14, Block 1, Safari Estates There aze pay-off balances of special assessments totaling $-0- on the parcel for which the conditional use permit is requested. At this time, there aze no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The chazges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The chazges become due and payable with connection to the City's Utilities. The chazges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT None USE RATE QUANTITY AMOUNT TOTAL $0 /55 O Eagan Boundary Location Map ~~~ ~~ ~"~ Bullding Footprint ~ ~~ C ~ ~~~ ~~ 3 c ~ . o~ , ~ ~ ~ a S ~.r . 3 ~ ~ S 3 ` 9 ® ~;,~ ~ a 9 ~~' ~'''~ ~ s m a 'a a ~ ~ m ~ a~ ~ o ~ ® ~' s ~ , ....~. i -. Iii ~ ~~Z i 4~~ •~ b ~ ~ Ui ~ a ~ ~ 9 , i? N ~ ~ ~ ~~~ ~ ~ v ~ 9 ~ G r ~ ~ a a ~ ° Sub eCt Site ~ ~ 9 W s '~ ip~ o p / ~ 's"'~ l 8 ~ ~,• .. ~~ ~ ` o `~ ~_ 3 S.T f ~ ~Y _j ~~ ~ ~' ~ n / ~ / ~~~ ~ ~ ~ A3 ~ ~ 1 / ~ ~ <'` ' ~~ 3 `~ o ~ ~ ~ ~ k~„7 o~ `~~% ~ a 0 s ~ I '' ~, 1000 0 1000 2000 Feet Development/Developer•. Robert Mueller Application: Conditional Use Permit Case No.: 32-CU-04-02-02 Cit f E Map Pntpsred using ERSI AreVNw 1.1. PetsN bsee trop den provided by ()•koL Cowry land savvy DepannfeM and w ewnnt as of tXtoWr 2001. ~ TWIS MAP IS INTENDED FOR REFERENCE USE ONLY N w e agan y o N i N N E S 0 T a The Clty o1 Eagan and Dakota Courtly do not guaratkaa tba aeeuney of this IMorrnatlon and an S Canuttudty Oevele~tttent D.peAttont not nspOnsibla for errors M omissions. /~ V Current Zoning and Comprehensive Guide Plan Robert Mueiier Land Use Map case No. 32-cu-oa--o2-02 Zoning Map '?~v ~, ~ R- +° ~ ~ Current Zoning: P R-1 E E Singte Family Residential ~ R 1 . O O R- P 000 o wo +toe r..~ e ~ Comprehensive Guide Plan ~ .~~ L7~Y `~-~ Land Use Map to r D D Current Land Use Designation: LD Low Density Residential D P QP LD 000 0 oeo Imo r»~ ~. rs ,~ ., ~~ \ w ~~ ~ _ ¢ ~. ~~ . ~ ~ 1 Q ~ ~'~ ~; ~ w °s~ ~ v~~ o~. cn --''C~ ~ o a ~. ~ r~ w - - - /'~/ ~ ~ ..~'y-1 H 1~ ~~~~, ~ , \ ~~ . ; m,~ ,o~ ~~ ~ ~ ~ I 1 111 ~ ~ I I °I ll ` \ a ~ t ~-+~ X1006 ~ ~ \\ \~ _~ y---- ~~ ~~~~~ Q ~,. ,~ ~, LOT 13 8a 1 ~ 3, /~z_ I~IH'Id s~~ ~ ' / ~ a W Z ' ~~ \\ 0! ~ N V ? 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Evans and Rebecca Mapes- Evans, owners of property located at 1952 Safari Trail, lot 15, would like to endorse Mr. Robert Mueller's petition to build a garage on lot 14 subject to all current and future building codes appropriate to the city of Eagan, Minnesota. This endorsement is subject to Mr. Mueller's agreement to move such building approximately 3 feet SSE to accommodate natural spring water runoff on lot 14 and to move structure forward approximately 12 feet to preserve existing oak trees on lot 14. We have lived at 1952 Safari Trail for 16 years and have owned lot 15 for 18 years. Lot 14 has been a problem and might not be suitable for building as evidenced by its vacancy. Mr. Mueller's proposal may be the reasonable answer that provides minimal impact to the neighborhood and makes use of a lot that should not have been platted for building in the first place. Sincerely, Edwazd M. Evans Rebec~~s~ ~~C~~~d~ ~ MAR 2 5 2002 /~8 Agenda Information Memo Apri12, 2002, Eagan City Council D. INTERIM USE PERMIT - STEININGER RECYCLE, INC. ACTION TO BE CONSIDERED: To approve an Interim Use Permit to allow the continued operation of the existing concrete recycling facility on property located at the southwest corner of Yankee Doodle Road and Hwy. 149, in the north %2 of Section 13, subject to the conditions listed in the APC minutes. FACTS: • Steininger recycle is requesting issuance of an interim use permit for a period of two years. If approved, the new permit would terminate May 2, 2004. • The permit to allow concrete recycling on this property was first issued in July 1989, and has been reissued several times since then. The current interim use permit expires May 2, 2002. • The proposed use will remain the same so there should not be any change in impact on the surrounding properties. Staff is unaware of any complaints to date. • The Advisory Planning Commission held a public hearing on March 26, 2002, and recommended approval of the Interim Use Permit for a period of two years. ATTACHMENTS: March 26, 2002, APC Minutes, pages ~ through ~. Staff Report, pages ~ithrough ~. /G9 City of Eagan Advisory Planning Commission Meeting j"1~~ March 26, 2002 V Page 19 I. INTERIM USE PERMIT -MAX STEININGER. INC. An Interim Use Permit to allow continuation of the concrete recycling operation at 670 Yankee Doodle Road in the NW '/4 of Section 13. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated March 21, 2002. She noted the background and history. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Nosbush moved, Member Bendt seconded a motion to approve the Interim Use Permit to allow continuation of concrete recycling on property described as PID 10-01300-012-261ocated at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW '/4 of Section 13 subject to the following conditions: The permit shall be recorded with Dakota County within 60 days of Council action and terminate May 2, 2004. 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. Dust control procedures shall be utilized. 4,. The hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 5. The operation shall be in compliance with all applicable State and local regulations. 6. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. 7. No mining shall be allowed on the property. Steininger abstained due to his position as applicant. /70 City of Eagan Advisory Planning Commission Meeting D R A ~ T March 26, 2002 Page 20 All voted in favor. IV. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors who wished to be heard at this time. V. ADJOURNMENT Member Bendt moved Member Nosbush seconded a motion to adjourn the Advisory Planning Commission meeting at 8:23 pm. All voted in favor Respectfully Submitted by: Camille Worley Recording Secretary l7/ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2002 APPLICANT: Steininger Recycle, Inc. PROPERTY OWNER: Gopher Resources REQUEST: Interim Use Permit CASE: 13-IN-01-02-02 HEARING DATE: March 26, 2002 PREPARED BY: Pamela Dudziak LOCATION: Southwest comer of Hwy. 149 and Yankee Doodle Rd. COiv1PREHENSIVE PLAN: IND -Limited Industrial ZONING: PD, Planned Development SUM'~7ARY OF REQUEST Steininger Recycle, Inc. is requesting an Interim Use Permit to allow continuation of concrete recycling on property described as PID No. 10-01300-012-261ocated at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW '/4 of Section 13. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. /~z- Planning Report - Steininger Recycle, Inc. April 25, 2000 Page 2 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 pernlit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. `tr'ill not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. "F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY This property is designated for industrial development in the City's Comprehensive Guide Plan. It is currently zoned I-1, Limited Industrial. The original Special Use Permit to allow concrete recycling on this property was issued in July 1989. That permit was reviewed in 1994 and reissued on November 15, 1994 for a term of two years. Subsequent renewals of the ItIP have / 7~ Planning Report - Steininger Recycle, Inc. Apri125, 2000 Page 3 been obtained for periods of two years, the most recent of which occurred in May 2000. The current IUP expires May 2, 2002. EXISTING CONDITIONS The site is relatively flat. The central area of the site contains a trailer, portable toilet, and scale. Stockpiles of unprocessed and finished materials are located in the south central area of the site. Previous improvements included the installation of a 150-foot long bituminous entry driveway that connects to a gravel driveway that rings the central area of the site providing access to the stockpiles. The 1997 permit required the installation of a berm and landscaping along Yankee Doodle Road. The berm is approximately eight feet high with some spruce trees on the top on both sides of the driveway entrance. There are also some scattered existing trees, mostly along the east side of the site abutting T.H. 149, and a fence along the rear and part of the west side of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Gopher Resources; zoned PD (Planned Development); guided IND (Limited Industrial) South - West Group; zoned PD; guided IND East - Undeveloped (gravel mining); zoned I-1; guided IND West - City reservoir and West Group; zoned P (Public Facilities) and PD; guided PF (Public Facilities) and IND EVALUATION OF REQUEST Proposed Use -The applicant's recycling operation involves stockpiling rubble concrete. When a sufficient amount of the concrete has accumulated, a crushing plant is brought to the site to reduce the rubble to reusable Class 5 aggregate. Compatibility with Surrounding Area -This use has been conducted on this site for more than ten years. The proposed use will remain the same so there should not be any change in impact on the surrounding properties. The use is intended to be a transitional use until the property owner (Gopher Resources) decides to sell or develop the property. Site Plan -The site plan reflects the existing conditions. The applicant is not proposing any changes to the site layout. Landscaping - There is no additional landscaping proposed with this request. /7~ Planning Report - Steininger Recycle, Inc. April 25, 2000 Page 4 Tenn -The applicant has requested atwo-year time frame for the renewed permit, which is the same time frame as previous permits. Since the current lUP expires May 2; 2002, issuance of this two-year permit would allow operation of the facility until May 2, 2004. SUI\11\'IARY/CONCLUSIOti This recycling operation has been in effect since 1989 and staff is unaware of any complaints to date. No changes are proposed to the operation or the site layout. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow continuation of concrete recycling on property described as PID 10-01300-012-261ocated at the southwest corner of the intersection of T.H. 149 and Yankee Doodle Road in the NW '/4 of Section 13. If approved, the following conditions apply: The permit shall be recorded with Dakota County within 60 days of Council action and terminate May 2, 2004. 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. Dust control procedures shall be utilized. 4. The hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 5. The operation shall be in compliance with all applicable State and local regulations. 6. In the event that the permit is terminated or not renewed, all materials and equipment shall be removed from the site within 90 days. 7. No mining shall be allowed on the property. /7S i Eagan boundary Location Map ~~ 'Street Centerline ~ Parcel Area , dullding Footprint i ~ < I ~ I .-.,,,~ ' ~ • ~ .* 4..4 .. ~ A a ~~~ ~ i f i 9 } ~' \ ~ ~y ~, ~' ~ _ f7 S l ~' ~ ,~ S ~b wi 3 ~, • A 3 : i _. i ' ,,.a { . I !3'" ~ ~ p ~ s 1 ca.. ~ .'.~; •. b 4 f , L` t c f.F ~ _ p....~~ /gv ~ i~ s- - 1 ~., .. ~" _: ' ~ ~: S ub ect Site ,,, ~ ~ ., °:~: ~:~. ~. . E- • 3 ® ~ A ~O l; f p _ _ C~ ~3 a •a "." _ s~ r. _., a ... ~°° t E f ~~ r , -i ...n_ i~.v ~y.;Y { e S~ ~ci ` ~ Ji t ~ ~ cvy. .. a . y ti. ......~ M.~ .~ > .,,,._,.. b~ „ 7000 0 - 1000 2000 Feet Development/Developer: Max Steininger, Inc. Application: Interim Use Permit Case No.: 13-IN-01-02-02 Map Prrpand ualnp ERSI ArcVhw 7.1. Parcel ba.. map data providatl by Oakots County Land Sunay D~panm~nt end la eurnnt a~ of OctoD.r 2001. /~~ / N W E City of Eagan I ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY ~.:: ~t ;i E S G i .. Ths City of Eagan and Dakota County do not yuarante• the accuracy of this information and are S Communny D.v.lopm.nt D.p.rtm~nt not responsible for •nors or omissions. Current Zoning and Comprehensive Guide Plan Max Steininger, Inc Land Use Map Case No. 13-IN-01-02-02 Zoning Map '~ ~+/~ A~ e PD o tI L PD ' On OCa Current Zoning: 1i,~bKKEE DOODLE RO.) O• a O~ O• 1-1 Limited Industrial PD P PD ~'~ PD D °o o O ~ f00 0 i00 1300 -Nt 9 Comprehensive Guide Plan ~ ~~~ ~ P Land Use Map C 4 1 ._ O i IND Location 1i,y,,NKEE DOODLE ft D.) O~ C t L d U D i ti O• urren an es gna on: se IND QP Limited Industrial INo IND 0 i~ 000 0 000 1300 rNt P 1 parch bile map Infonnitlon prorlded by Diko4 County 4nd iirriy Depirtmint ON07101. N ZeNni Mfermatbn ntilntilned by Clty iUM. City of Eagan ,Z "' E ' THIS MAP IS INTENDED FOR REFERENCE USE ONLY ~~/~///~ Community Development Department Thi City of Esgsn and Dakota County do not guarantee the aeeuracy of this inforFtation. S v Z ~3 ~ ~ s~ Y $ ~ . ~ tl ~ ' , ..~ : ! i Y ~3 z i 1', 1 :I I I ~ i 1 ! ~jl ilk lil~ ~I.'1 I.. ,~ i~ ;~ ~'f,l 'I 'lily ll~ I ~i1llili~~! ~~I I S ~ i , i~f j~e z! j ~ ! ~ I . 33,E:.. ! ~ .- ' !~ ~ I 1 ~~t0 ~ 3~ yy~ tI 1 71 ~S~j'~. i ~1 3i it ]I ~i ~. 4' ~~ i /. 7 ~ ~' ~~/,/' /~ e,9 ~ Np j,i ~~~J/ ~i StP , /~ /~ ~a \ ,' rR /~ ,n :`~G~\~G .\ `\ ,\ ,\ OI W J I p . W , W Z } ~ m 1 N ~ 1 2 ' ~' ~: O; ~, / 7 Q" SITE PLAN ® _~_~ _~~ 8 L .~~~~~~~ .:. ~~ tV \ u U _~ U ~ tl e ~' .1 ~~~~ .I I ~~ Agenda Information Memo Apri12, 2002, Eagan City Council E. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - (MAGNUM DEVELOPMENT) ACTION TO BE CONSIDERED: To approve a Planned Development Amendment and Final Planned Development to allow an in-line retail center with a Class II restaurant with drive-through service, possible on-sale liquor, and a pylon sign for Lot 1, Block 1, Hadler Park, located at 2040 Cliff Road in the NE'/4 of Section 31, subject to the conditions listed in the APC minutes. FACTS: • Magnum Development Corp. is proposing a 8,075 square foot multi-tenant retail building with adrive-through facility. As part of the Planned Development, Magnum has also requested approval for possible on-sale liquor. A pylon sign is also proposed. • The proposed multi-tenant retail constitutes a change from the existing designated use as a Class I restaurant and appears consistent with the retail commercial land use designation for this property and surrounding development. • The site plan generally shows consistency with the original site layout for the Hadler Park PD, providing for internal circulation between lots, and shared access to Cliff Road. • The proposed building utilizes materials that are consistent with the colors and materials used on the Walgreen's and Rahncliff Learning Center buildings. • Associated with the drive-through service are menu-board signage, directional signs and a speaker post. The site plan appears to provide sufficient circulation and stacking space for the proposed drive-through. • Since this development consists of a single lot, approval of the required amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. • The APC held a public hearing on March, 26, 2002, and recommended approval of the Planned Development Amendment and Final Planned Development, subject to conditions in the APC minutes. ISSUES: • In addition to signage on the north elevation, signs are also proposed on the east and west ends of the buildings for the end-cap tenants. This end-cap signage is not consistent with the City's Sign Code since those sides of the building do not have public street frontage. The Council is asked to determine the appropriateness of the proposed side elevation signage for the end-cap tenants. ATTACHMENTS: .~ March 26, 2002, APC Minutes, pages ~ through Staff report, pages ~ through 79 City of Eagan Advisory Planning Commission Meeting March 26, 2002 D R A F T Page 11 E. PLANNED DEVELOPMENT AMENDMENT -MAGNUM DEVELOPMENT A Planned Development Amendment to allow a retail center with adrive-through facility and possible on-sale liquor use on Lot 1, Block 1, Hadler Park, located on the south side of Cliff Road, west of Walgreen's, in the NE '/4 of Section 31. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 20, 2002. She noted the background and history. John Hughes, Magnum Development, displayed samples and discussed the building materials. Member Steininger confirmed that the liquor license and drive through uses would be independent of one another and not cause future conflict. Mr. Hughes stated the uses will not be used together and he does not see a future conflict. He discussed the possible tenants. Member Stackhouse questioned the consistency of the building materials and the design of tenant signage. Mr. Hughes discussed the design of the building material. He stated the tenant signage would be individually lit and mounted to a raceway that is mounted to the wall. He stated there would be flexibility but restriction of size. He explained that all signage would be submitted to him for review before mounted. Member Nosbush inquired about the percentage of green space. Mr. Hughes stated the green space percentage is within City guidelines; however he does not have the exact figures. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Steininger suggested adding a condition to state: Pylon signage not to exceed 18 feet in height. Member Nosbush moved, Member Bendt seconded a motion to approve the Planned Development Amendment to allow a retail center with adrive-through facility and possible on-sale liquor use on Lot 1, Block 1, Hadler Park, located on the south side of Cliff Road, west of Walgreen's, in the NE'/o of Section 31 subject to the following conditions as amended: i~v City of Eagan Advisory Planning Commission Meeting p D~ March 26, 2002 !~ Page 12 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: • Final Site/Signage Plan • Final Building Elevations/Signage Plan • Final Landscape Plan • Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The applicant shall provide evidence of private ingress/egress agreements for review by the City attorney, prior to the issuance of a building permit for this development. 5. Rooftop mechanical equipment shall not be visible from the street or off the property. 6. Trash enclosures shall be attached to the principal building and constructed consistent with City Code standards (i.e. six to ten feet in height, materials that match the principal building, gates or doors that are at least 90% opaque for screening, etc.). 7. A two to three foot berm shall be provided along the front of the parking lot adjacent to Cliff Road. The final landscape plans shall incorporate additional plant materials to screen the parking lot from Cliff Road. A different species or different plant selection shall be substituted for the 13 spruce trees located along the west side of the property. 8. One pylon sign shall be allowed west of the driveway access to Cliff Road. 9. The final site plan and Signage plans shall show the locations of the menu board and other drive-through signs on the site and on the building. 10. Site lighting shall match the site lighting of existing developments within the Hadler Park PD and shall utilize shoebox fixtures and be painted brown. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. 11. No outdoor display, or storage, shall be allowed. 12. No outdoor loudspeaker advertising shall be allowed. /8/ City of Eagan D Advisory Planning Commission Meeting R ~ c March 26, 2002 j' Page 13 13. This development is responsible for cash park and trails dedications payable at the time of building permit issuance at the rates then in effect. 14. Pylon signage not to exceed I S feet in height. All voted in favor / ~~- PLANNING REPORT CITY OF EAGAN REPORT DATE: March 20, 2002 APPLICANT: Magnum Development Corp PROPERTY OWNER: Dakota County REQUEST: PD Amendment CASE: 31-PA-03-02-02 HEARING DATE: March 26, 2002 APPLICATION DATE: Mar. 6, 2002 PREPARED BY: Pamela Dudziak LOCATION: 2040 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUI\'I~1ARY OF REQUEST Magnum Development Corp. is requesting approval of a Planned Development Amendment to allow an in-line retail center with a Class II restaurant with drive-through service, possible on-sale liquor, and a pylon sign for Lot 1, Block 1, Hadler Park, located at 2040 Cliff Road in the NE '/4 of Section 31. The proposed multi-tenant retail constitutes a change from the previously approved Planned Development which identified this lot for a Class I restaurant. The proposed amendment includes a Class II restaurant and drive-through service, possible on-sale liquor, and a pylon sign. Approval of the required amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. /~'3 Planning Report -Magnum Development Corp. March 26, 2002 Pace 2 BACKGROUND/HISTORY Hadler Park was platted in 1992 and the Walgreen's and was constructed on Lot 3. In 1994, and amendment to the PD was approved which changed the approved use on Lot 4 from a medical clinic to an office building. Lots 1 and 2 remain vacant. The Hadler Park development contract states ` :All buildings will require an individual review by the Advisory Planning Commission and approval by the City Council". A Conditional Use Permit was issued in 1997 to allow Christmas tree sales on Lots 1 and 2. EXISTING CONDITIONS The site is vacant and flat and was graded with previous development. There is no significant vegetation on the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zoning Guide Plan North Real Cinemas PD Planned Develo ment RC, Retail Commercial South ISD 196 Rahncliff Learning Center PD Planned Development RC, Retail Commercial East Vacant/Wal een's PD, Planned Develo ment RC, Retail Commercial West MN State Driver's Trainin Station P, Public Facilities QP, Quasi-Public EVALUATION OF REQUEST Descri tion of Pro osal -Magnum Development Corp. is proposing a 8,075 square foot multi- tenant retail building with adrive-through facility. The developer has indicated that Starbuck's Coffee will occupy the east end-cap location and will have drive-through service. As part of the Planned Development, Magnum has also requested approval for possible on-sale liquor. Magnum states that "although a specific restaurant operator has not been identified at this time, having the [on-sale liquor approval] in place will enhance marketing efforts to secure a quality restaurant operator." Since the proposed amendment involves a single lot, Magnum has requested simultaneous approval of the proposed Planned Development Amendment and Final Planned Development for this site. Compatibility with Surrounding Area -The proposed multi-tenant retail use appears consistent with the Retail Commercial land use designation for this property. The site is surrounded by commercial uses and is located adjacent to Cliff Road, a major arterial roadway. The site plan generally shows consistency with the original site layout for the Hadler Park PD, providing for internal circulation between lots and shared access to Cliff Road. / ~S~ Planning Report -Magnum Development Corp. March 26, 2002 Page 3 The proposed pylon sign is considered a Conditional Use under the City's Sign Code and its inclusion in the PD approval is in lieu of a separate conditional use permit. Similarly, the proposed drive-through restaurant and possible on-sale liquor would be considered Conditional Uses under typical City Code standards. The appropriateness ofthese proposed uses should therefore be held to similar standards in the evaluation of the proposed PD Amendment. The APC and Council should note that the on-sale liquor use also requires that the specific user obtain a liquor license. Density -The 8,075 square foot building covers 14% of the 1.33-acre site. This satisfies the typical commercial zoning standards, which establish the maximum allowable building coverage at 20% to 30%. Setbacks - A 50-foot minimum building setback from Cliff Road is required, and commercial zoning districts typically require side and rear yard building setbacks of 10 to 20 feet. Parking setbacks of 20 feet from Cliff Road, and five feet from side and rear lot lines is required. The site plan satisfies these setback standards. Parkin -The City Code requires a minimum of one parking stall for every 200 square feet of building area. Using this standard, this 8,075 square foot building would need 40 parking stalls. The proposed site plan shows 55 parking stalls. All stalls satisfy the dimensional standards in the City Code and are at least 10 feet wide and 19 feet deep. One-way drive aisles and angled parking prevent traffic conflicts with the proposed drive-through lane and a curb separates the drive-through service lane from other parking lot traffic. Grading -The site has been graded with previous development and is relatively flat and open. Storm Drainage -Existing storm sewer systems along the north and east edges of the site are available for connection by the development to accommodate storm water runoff. Wetlands/Water Quality -Water quality requirements for this site were previously satisfied with construction of a storm water pond at the time of platting. Utilities -Existing sanitary sewer and water main are available for connection along the east edge of the site. Access/Street Design -Public street access is proposed to an existing driveway access onto Cliff Road (Dakota County Road 32) to the north and Rahn Way, via private easement across Lots 2 and 3 (Walgreen's), to the east. Cross parking ingress and egress easements were required as part of the Hadler Park subdivision. The applicant should provide evidence ofthese private ingress/ egress agreements for review by the City attorney, prior to the issuance of a building permit for this development. / ~~s Planning Report -Magnum Development Corp. March 26, 2002 Page 4 Buildin¢ Elevations/Architecture -The Hadler Park development agreement requires that rooftop mechanical equipment not be visible from the street, and all buildings be constructed of similar material and colors. The proposed building consists of rock-face block in almond, red brick, and beige EIFS. The facade includes archway and cornice features, as well as a green Sunbrella awning. The building has a flat roof and at its highest points is 21.5 feet in height. The architectural drawings do not show rooftop mechanical equipment, and consistent with the Hadler Park development agreement, any such equipment should not be visible from the street. The Hadler Park development agreement also requires that all trash and recycling be contained within each building. The developer is proposing trash enclosures attached to the south side of the building. This is not consistent with the requirements of the previous development agreement, but is considered consistent with typical City Code standards. City Code standards require that the enclosures be at least six feet in height, be constructed uf111atciidls that match the principal building, have gates or doors that are at least 90% opaque for screening, and be large enough to accommodate all trash and recyclable materials containers within the enclosure. Landscaping -The landscape plan shows Black Hills Spruce along the west and south sides of the property to provide buffers to the adjacent properties. Evergreen shrubs are shown around what appears to be a patio area off the northeast end of the building, and a fe~v shade trees along Cliff Road. The City's landscape ordinance requires that parking lots be screened from public rights-of--way. Berming and plant materials are the most commonly used. The grading plan should be revised to provide a t~vo to three foot berm along the Cliff Road right-of--way. The final landscape plans should incorporate additional plant materials to screen the parking from Cliff Road (i.e. additional shrub beds, ornamental trees, evergreen trees). As the spruce trees shown on the west side of the property mature, they will expand to interfere with the parking lot. Therefore, staff recommends that a different species or different plant selection be substituted for the 13 spruce trees located along the west side of the property. The species selection also should be varied because spruce are particularly susceptible to damage and defoliation by sawfly larvae. Signa~e -The developer is proposing apillar-style pylon sign, 20.5 feet in height, with individual sign panels for each tenant. The proposed sign has a 5-foot block and brick base with an EIFS cornice on top and an EIFS background for the tenant panels. Building signage consists of specified sign locations above the awnings. The signs are proposed on the north side of the building, facing Cliff Road. Signage is also proposed on the east and west ends of the buildings for the end-cap tenants. This end-cap signage is not consistent with the City's Sign Code as those sides of the building do not have public street frontage. The appropriateness of the side elevation signage for the end-cap tenants is a policy matter to be determined by City officials, and can be accommodated within the Planned Development if so desired. / 8"6 Planning Report -Magnum Development Corp. March 26, 2002 Page 5 The drive-through menu board sign is 4.5 feet in width and 6.25 feet in height. The menu board is awall-mounted internally lit cabinet. The plans do not show the location of the menu board on the building, but it is expected to be on the east elevation since that is where the drive-through window is located. Plans for awall-mounted directional sign and a speaker post for the drive- through were also submitted. The final site plan and signage plans should show the locations of these signs on the site and on the building. Site Liehting -The lighting plan shows 25-foot freestanding poles around the perimeter of the parking lot and one in front of the building, with wall-mounted lights on the rear building elevations. The photometrics show sharp cutoffs at the property boundaries. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. The lighting specifications indicate metal poles with a "mongoose" fixture in a white finish. Staff recommends that the site lighting match the existing design established for this PD. Therefore, site lighting should utilize shoebox fixtures and the poles and fixtures should be painted brown rather than white. Parks and Recreation -This development is responsible for cash park and trails dedications payable at the time of building permit issuance at the rates then in effect. The 2002 rates are $4,508.00 per acre for parks and $960.00 per acre for trails. SUI.11\1ARY/CONCLUSION Magnum Development Corp. is proposing a Planned Development Amendment to change the specified use on Lot 1, Block 1, Hadler Park from a Class I restaurant to an in-line retail center with a Class II restaurant with drive-through service, and possible on-sale liquor. The proposed development plans also include a pylon sign. Since the proposed amendment involves only one lot, Magnum has requested simultaneous approval of the proposed PD Amendment and Final Planned Development for this site. The proposed multi-tenant retail use appears consistent with the retail commercial land use designation for this property. The site is surrounded by commercial uses and is located adjacent to Cliff Road, a major arterial roadway. The site plan generally shows consistency with the original site layout for the Hadler Park PD, providing for internal circulation between lots, and shared access to Cliff Road. The proposed pylon sign, on-sale liquor, and drive-through service are considered Conditional Uses under typical Zoning standards. Approval for these uses can be accommodated through the Planned Development in lieu of separate Conditional Use Permits. On-sale liquor use would also require that the specific user obtain a liquor license. Additionally, the appropriateness of the proposed signage package (including signage for end-cap tenants and for the drive-through) is a policy matter to be determined by City officials, and can be accommodated within the Planned Development if so desired. / 87 Planning Report -Magnum Development Corp. March 26, 2002 Page 6 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow an in-line retail center with a Class II restaurant with drive-through service, possible on-sale liquor, and a pylon sign for Lot 1, Block 1, Hadler Park, located at 2040 Cliff Road in the NE'/4 of Section 31. If approved, the following conditions should apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: • Final Site/Signage Plan • Final Building Elevations/Signage Plan • Final Landscape Plan ~ Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The applicant shall provide evidence of private ingress/egress agreements for review by the City attorney, prior to the issuance of a building permit for this development. 5. Rooftop mechanical equipment shall not be visible from the street or off the property. 6. Trash enclosures shall be attached to the principal building and constructed consistent with City Code standards (i.e. six to ten feet in height, materials that match the principal building, gates or doors that are at least 90% opaque for screening, etc.). 7. A two to three foot berm shall be provided along the front of the parking lot adjacent to Cliff Road. The final landscape plans shall incorporate additional plant materials to screen the parking lot from Cliff Road. A different species or different plant selection shall be substituted for the 13 spruce trees located along the west side of the property. 8. One pylon sign shall be allowed west of the driveway access to Cliff Road. 9. The final site plan and signage plans shall show the locations of the menu board and other drive-through signs on the site and on the building. 10. Site lighting shall match the site lighting of existing developments within the Hadler Park PD and shall utilize shoebox fixtures and be painted brown. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. 11. No outdoor display, or storage, shall be allowed. / 88 Planning Report -Magnum Development Corp. March 26, 2002 Page 7 12. No outdoor loudspeaker advertising shall be allowed. 13. This development is responsible for cash park and trails dedications payable at the time of building permit issuance at the rates then in effect. /~"9 • Location Map i Eagan boundary ~ ~~~% Street Centerline parcel Area i B wildin F i .. g ootpr nt i 4 4 ~ ~ ]~ ~f We L ~! I I I 1 1 1 1 1 ( ~/~ f ~g~~ _ v ~ i I ca 1 l ~ / / `~ ter ~. - w ~V~~d. 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Vic. r SYU.m mega e,~r...... srw.al../r/ 1091 ,! _ _..._~.. sp'or,.wtvwey ofw ,.. ~ tw. Ply ,. c. r• ' .~ , F .~ :`I -. 1 td' r ~ ; ~ R f~+a DaP~ mcalvafo Ara ~ - ~ ~ t ' ]Y' Npt/a d a/wrala ~ _"'-_ _ . L• aNl aW [aNlorr a yOY~erYM ` ..+ M.w l~ •f'yr SPFLfIGTIW$ O SWwr {wt uD.r: t D/ I! Cr al•n .n•W P+nYe heS lYie 7C 0 N aOM/ a• ._• C• r1D4yrLM ~a aaaa ~: saos w ,,,. ,,,,, ../a,,,a.a......,•, SPEAKER POST r/r..l L LU , ~I 1 ~~ DRIVE-THROUGH SIGNAGE a~ Proposed Starbuck's Coffee House (with Drive Thru) and Retail Center Located: Lot 1, Block 1, Hadler Park Cliff Road & Rahncliff Rd Magnum Development Corp. is applying for an Amendment to a Planned Unit Development at Lotl, BIockl, Hadler Park. The property is west of Walgreens on Cliff Road and is currently owned by Dakota County. The subject property, per the PUD, is intended for a Class I restaurant. The Amendment includes a request to modify the planned use to allow for amulti-tenant retail building with a drive-thru. The retail development generally meets the intended use and will not provide any additional need of City services over the planned Class I restaurant. It is Magnum's intent, subject to City approval, to proceed to develop and construct the retail strip center with Starbuck's Coffee on the west end-cap location. Magnum is also requesting approval of a conditional use permit to allow for the sale of on- sale liquor in conjunction with a restaurant. Although a specific restaurant operator has not been identified at this time, having the permit in place will enhance marketing efforts to secure a quality restaurant operator. Magnum requests that the Preliminary Amendment and Final Amendment be reviewed simultaneously. It is our hope to complete the appropriate City and other governmental approvals over the next several weeks and begin construction in May of 2002. If approved, this property currently owned by Dakota County, will begin to produce real estate tax revenue and sales tax revenue, provide new employment opportunities for Eagan and provide needed services for the community and visitors in the nearby hotels. The proposed development will enhance the surrounding property and businesses and bring new businesses to the City of Eagan. lS. ap~ Agenda Information Memo April 2, 2002, Eagan City Council F. PLANNED DEVELOPMENT AMENDMENT - (COLLIERS TOWLE REAL ESTATE) ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to increase the length of allowable building signage on the multi-tenant retail building located at 3090 Courthouse Lane, legally described as Lot 2, Block 2, Oakview Center, in the NW '/4 of Section 12 subject to the conditions listed in the draft APC minutes. FACTS: • In 1998, the City approved a subdivision and Planned Development for Oakview Center. • In 2000, an amendment and Final PD was approved which allowed a Class II restaurant with adrive-through facility aspart of amulti-tenant retail building on this lot. • The Final PD included building elevation signage plans allowing 8' x 3' signs on the west (front) elevation and 4' x 1.5' signs on the east (rear) elevation. • Colliers Towle Real Estate is proposing to amend the length of the allowable signage from eight feet to 70% of the lineal building frontage the tenant occupies. This change is proposed for both the west (front) and east (rear) elevations. • No change is proposed to the signage height or the design requirements for individual back-lit letters. • The APC held a public hearing on March 26, 2002, and recommended approval of the Planned Development Amendment, subject to conditions in the APC minutes. ATTACHMENTS: March, 26, 2002, APC inutes, pages~Ehrough~~ Staff report, pagesthrough ~~ a~ City of Eagan ~~ Advisory Planning Commission Meeting March 26, 2002 Page 14 F. PLANNED DEVELOPMENT AMENDMENT -COLLIERS TOWLE R/E A Planned Development Amendment to amend the signage area on Lot 2, Block 2, Oakview Center, located at 3090 Courthouse Lane in the NW '/4 of Section 12. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 21, 2002. She noted the background and history. Greg Haze, Colliers Towle Real-estate and Aztec Properties representative discussed signage issues with the two tenants who occupy the same space. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Nosbush stated his agreement with Staff. Member Nosbush stated in condition number 2, the building frontage refers to the total building frontage. He suggested adding the term "lineal feet" to the condition. Member Steininger stated his disagreement because 70% is an excessive amount to allow for each tenant. Member Nosbush stated small businesses need decent signage to be successful. Member Stackhouse stated agreement with the signage proposal. She stated the four-foot allotment on the east side is inadequate. Member Steininger stated signage on the east side was originally meant only for service and delivery identification, not as a method of advertisement. Member Nosbush moved, Member Steininger seconded a motion to approve the Planned Development Amendment to amend the signage area on Lot 2, Block 2, Oakview Center, located at 3090 Courthouse Lane in the NW '/4 of Section 12 subject to the following conditions as amended: An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. Building signage shall be allowed on the west elevation for each tenant in the amount of 70% of the lineal building frontage occupied by the tenant. These signs shall not exceed three feet in height. ao~ City of Eagan Advisory Planning Commission Meeting March 26, 2002 Page 15 DRAFT 3. Building signage on the east elevation shall not exceed 4 feet by 1.5 feet for each tenant. 4. All wall signage shall be individual backlit letters. A vote was taken. Aye: Chair Huusko, Nosbush, and Bendt. Nay: Steininger and Stackhouse. Motion carried. ~ 07' PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2002 APPLICANT: Colliers To~~~le Real Estate PROPERTY OWNER: Aztec Properties, LLC REQUEST: PD Amendment CASE: 12-PA-01-02-02 HEARING DATE: March, 26, 2002 APPLICATION DATE: Feb. 20, 2002 PREPARED BY: Pamela Dudziak LOCATION: 3090 Courthouse Lane COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SU11~1\IARY OF REOUEST Colliers Towle Real Estate, on behalf of Aztec Properties, LLC, is requesting approval of a Planned Development Amendment to increase the length of allowable building signage on the multi-tenant retail building located at 3090 Courthouse Lane, legally described as Lot 2, Block 2, Oakview Center, in the NW '/4 of Section 12. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNDJHISTORY In 1998, the City approved a subdivision and Planned Development for Oakview Center, which specified either a Class I restaurant or a retail building would be acceptable uses for this lot. In October 2000, an amendment and Final PD was approved which allowed a Class II restaurant with a drive-through facility as part of a multi-tenant retail building on this lot. The Final PD included building elevation signage plans. ao~ Planning Report -Aztec Properties, LLC March 26, 2002 Page 2 EXISTII~'G CONDITIONS The 10,000 square foot multi-tenant retail building has been constructed and the first tenants are preparing to open. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Guide Plan North Residential A, A 'culture SA, S ecial Area South Hw . SSJfuel station GB, General Business RC, Retail Commercial East Vacant PD, Planned Development Oakview Center RC, Retail Commercial West Holiday convenience/ as PD, Planned Development Oakview Center RC, Retail Commercial EVALUATION OF REQUEST Cif Requirements -The Final PD Agreement for this building specifies allowable building signage as follows. The dimensions reflect the applicant's proposal. Wall signage for each tenant shall be allowed on the west side of the building, not to exceed eight feet long by three feet in height (8' x 3'), and on the east side not to exceed four feet long by 1.5 feet in height (4' x 1.5'). Signage not to exceed eight feet long by three feet in height (8' x 3') shall be allowed on the north side of the building should a business' entrance face north, in lieu of such signage on the west side for that tenant. All wall signage shall be individual back-lit letters. Typical City Code standards for building signage are that no sign or combination of signs shall cover in excess of 20 percent of the area of that facade. Also, all business signs mounted on a building shall be similar in design. Applicant's Proposal -The .applicant is not proposing any changes to the sign design, but has found the approved 8-foot length of the signs to be too restrictive, particularly for those tenants with longer business names. Therefore, the applicant is proposing to amend the length of the allowable signage from eight feet to 70% of the amount of frontage the tenant occupies. This change is proposed for both the west (front) and east (rear) elevations. No change is proposed to the signage height or the design requirements for individual back-lit letters. ao9 Planning Report -Aztec Properties, LLC March 26, 2002 Page 3 Analysis -The 70% ratio of sign length to building length would allow for a border on either side of each tenant's sign. For example, if a tenant occupied 20 feet of frontage, under the proposed amendment, the sign could be up to 14 feet in length, leaving 3 feet of border on each side of the sign. And if a tenant occupied 30 feet of frontage, the sign could be up to 21 feet in length, leaving 4.5 feet of border on each side. A 20-foot tenant space on this building, which is l6 feet in height, would have a facade area of 320 square feet. Applying the proposed amendment as compared to typical Code standards on the west (front) elevation signage, a 14' x 3' sign is 42 square feet in area, or 13% of that tenant's facade area. This appears to be consistent with typical Code standards. The Oakview Center master plan PD Agreement states "All signs shall comply with City Sign Code requirements ...." The east (rear) elevation signs are intended primarily for on-site use to identify service doors in the rear of the building. To the extent that the east elevation signs aze visible from Hwy. 55, these signs serve the dual purpose of business identification and advertising as well as on-site direction. However, tenant identification and advertising is also afforded by the monument sign which includes individual tenant panels. Therefore, while the APC and Council may consider an increase from the current four-foot sign length for the east elevation, staff does not support applying the same 70% standard for sign length for the east (rear) elevation signs as to the west (front) signs. SUI\II\IARY/CONCLUSION Colliers Towle Real Estate, on behalf of Aztec Properties, LLC, is requesting approval of a Planned Development Amendment to increase the length of allowable building signage on the multi-tenant retail building located at 3090 Courthouse Lane. The applicant is proposing that building signs be allowed at a length up to 70% of the tenant's frontage. For this 16-foot tall building, this 70% ratio would result in sign areas on the west (front) of the building that are up to approximately 13% of the tenant's facade space, which is consistent with the Oakview Center master plans and typical City Code standards. On the east (rear) elevation, building signs are intended primarily for on-site use to identify service doors in the rear of the building and staff is concerned that the proposed sign length may change the character of those signs to serve the purpose of advertising rather than on-site direction. Therefore, staff does not support the proposed change in sign length for signs on the east elevation. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to increase the allowable building signage on the multi-tenant retail building located at 3090 Courthouse Lane, legally described as Lot 2, Block 2, Oakview Center, in the NW '/4 of Section 12. If approved, the following conditions should apply: ~~ Planning Report -Aztec Properties, LLC March 26, 2002 Page 4 1. An Amendment to the Planned Development Agreement. shall be executed and recorded against the property at Dakota County. 2. Building signage shall be allowed on the west elevation for each tenant in the amount of 70% of the building frontage the tenant occupies. These signs shall not exceed three feet in height. 3. Building signage on the east elevation shall not exceed 4 feet by 1.5 feet for each tenant. 4. All wall signage shall be individual backlit letters. air i Eagan Eoundary ^ Location Map f'~,~ Street Centerline ' ~ Parcel Area building Footprint ~I - ~; ~°. 3 ~ or _ r. ~ ~ . ..'' ~~ ~ ... - Sub'ect Site i .s+~i4'nS.il. ~w.~ ~~ : c ~R 'i tF + r ~ r - ~ ~Y ~ .. ~.. ~ t .. . ~... .,~ s •. „ ', ~~ . w ~~~ . _ _ ~~ r,; Q q :. ~~~ ~ :.. •, ~ _ w~ t 4 - . 's 4 ... . t . ~~'. + e 'F • d 4 ~, ~ ~ ; s r e~ 4 t ..~ a:. ~ s „ :: ~ g- ~~* i ~~ ~ :~ ,E ~, * a .d h ~ a.. ~ 't ~ ~ .. - = 1000 0 1000 2000 Feet Development/Developer: Colliers Towle Real Estate Application: Planned Development Amendment Case No.: 12-PA-01-02-02 . Map PnDar•d uslnp ER51 ArcVbw a.t. Darcy Oaa• map data provided Oy Dakota County Land Sunay D•Dartm•nt and Is currant as of October Yp01. h City of Eagan ~, TNIS MAP {S INTENDED FOR REFERENCE USE ONLY It ~ E ;,, ~ y ~; _ p - q The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 ee.•m•-ity o•..i.Dm•nt o•D,rtm•ne not responsible for errors o- omissions. V] I ~ / Agenda Informational Memo Apri12, 2002, City Council Meeting G. PLANNED DEVELOPMENT AMENDMENT (MFC PROPERTIES CORPORATION) ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to relocate an existing pylon sign on property located at 3420-3450 Denmazk Avenue (Lot 1, Block 1, Town Centre 100 6"' Addition) in the NW '/e of Section 15, subject to conditions listed in the Draft APC meeting minutes. FACTS: • In 1992, the City and Federal Land Company entered into a Pylon Sign Agreement for the Town Centre 100 Planned Development and Town Centre 70 development. • The Pylon Sign Agreement specified locations for pylon signs to "avoid multiplicity of hearings" and "to prevent an over abundance of commercial pylon signs affecting the visibility and aesthetics of the area." • In an exhibit to this agreement a pylon sign was noted in the location of the existing sign. • The purpose of the relocation is to provide greater identification for the center and tenants. • The existing sign would be removed and replaced with atwo-sided, 27foot tall sign, located approximately 130 feet to west along Denmark Avenue. • The new sign is proposed to have 125 squaze feet of sign display area, advertise up to eight tenants, and be 27 feet in height. • The existing pylon sign is four-sided and 27 feet in height and only states "Town Centre Shoppes." • Two trees and two parking stalls aze to be removed in conjunction with the sign relocation. • On Mazch 26, 2002, the Advisory Planning Commission unanimously recommended approval of the PD Amendment with an amendment to condition 9, which would require only one of the two Sugar Maple trees to be preserved. The Commission members stated that there must be a balance between the success of local businesses and tree preservation. ATTACHMENTS: Draft Mazch 26, 2002, APC meeting minutes, pageo~~o ~~~ Planning Staff Report, pag~Qto ~~~ X13 City of Eagan Advisory Planning Commission Meeting March 26, 2002 pR~ Page 16 G. PLANNED DEVELOPMENT AMENDMENT - MFC PROPERTIES CORPORATION A Planned Development Amendment to relocate an existing pylon sign on Lot 1, Block 1, Town Centre 100 Sixth Addition, located at 3420-3450 Denmazk Avenue in the NW '/4 of Section 15. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated Mazch 21, 2002. She noted the background and history. Chad Sandey, MFC Properties representative announced his availability for questions. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public heazing and turned the discussion back to the Commission. Chair Huusko inquired about the possibility of moving the sign to the south. Mr. Sandey stated the repositioning of the sign to the south is limited due to the site line. He discussed the maple trees and the impact on them if the sign is moved to the south. He stated his disagreement with condition number five. . Member Huusko asked if the removed tree could be used to enhance a City park. City Attorney Bob Bauer stated using the tree to enhance a City park is a policy question for the City Council. Member Stackhouse stated tree preservation and the success of a business need to be balanced. Member Stackhouse moved, Member Steininger seconded a motion to approve the Planned Development Amendment to relocate an existing pylon sign on Lot 1, Block 1, Town Centre 100 Sixth Addition, located at 3420-3450 Denmazk Avenue in the NW '/4 of Section 15 subject to the following conditions as amended: 1. The applicant shall submit a revised Sign Agreement exhibit depicting all existing sign locations prior to the issuance of a permit for the sign. 2. The pylon sign shall maintain the required 10-foot setback from the property line abutting Denmark Avenue. aid City of Eagan D Advisory Planning Commission Meeting March 26, 2002 Page 17 3. The existing pylon sign shall be removed prior to the permit issuance for the new sign. 4. Screening shall be installed at the base of the sign. 5. The pylon sign shall be relocated in a manner to preserve one or two of the existing Sugar Maple trees. ...- PLANNING REPORT CITY OF EAGAN REPORT DATE: 03/21/02 APPLICANT: MFC Properties PROPERTY OWNER: Same REQUEST: Planned Development Amendment LOCATION: 3420-3450 Denmark Avenue COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development CASE: I S-PA-02-02-02 HEARING DATE: 03/26/02 APPLICATION DATE: 2/20/02 PREPARED BY: Cynthia R. Kirchoff SUMMARY OF REQUEST MFC Properties Corporation is requesting a Planned Development Amendment to relocate an existing pylon sign on property located at 3420-3450 Denmark Avenue (Lot 1, Block 1, Town Centre 100 6~' Addition) in the NW'/4 of Section 15. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject property is part of the Town Centre 100 Planned Development (PD). In 1992, the City and Federal Land Company entered into a Pylon Sign Agreement for the Town Centre 100 PD and Town Centre 70 development. The purpose of the agreement was to specify locations for pylon signs "in order to more appropriately address future requests for individual pylon signs from the Owners and to avoid multiplicity of hearings." In the exhibit to this agreement, a pylon sign was noted in the location of the existing sign. 02/(0 Planning Report - MFC Properties March 21, 2001 Page 2 EXISTING CONDITIONS The property is developed as a commercial use (Town Centre Shoppes) with surface pazking. A pylon sign 27 feet in height, which was installed in 1988, is present on the site directly adjacent to the building. SURROUNDING USES Uses surrounding the Town Centre Shoppes include retail and office to the north, east, and west, and high density residential to the south. EVALUATION OF REQUEST Pro oral - The purpose of the request is to allow the applicant to locate a pylon sign contrary to the approved Town Centre Pylon Sign Agreement for greater visibility and to allow tenants the opportunity for signage. The applicant proposes to remove an existing four sided (each side is 49 square feet), 27 foot tall pylon sign (as shown the picture below) and replace it with a new sign of the same height to be located approximately 130 feet to the west along Denmark Avenue. Two trees and two surface parking stalls would be removed in conjunction with this request. The sign is proposed to utilize materials and colors similar to those on the principal structure. Compatibility with Surrounding Area -The purpose of the new sign is to advertise the use in a similar manner as surrounding commercial properties. The Pylon Sign Agreement attempted to control the number and placement of pylon signs and states: "the City desires to prevent an over abundance of commercial pylon signs affecting the visibility and aesthetics of the area." Thirty pylon signs were approved in the Town Centre Pylon Sign Agreement. The change in location appears compatible with the surrounding uses and the intent of Sign Design -The applicant is proposing to install atwo-sided internally illuminated pylon sign with two supports. The color theme (blue and green) is consistent with that of the building. It is proposed to be 125 square feet in sign azea and 27 feet in height. The sign would indicate the names of up to eight tenants. The existing four sided pylon sign has four supports and only advertises the commercial center's name. Site Plan -The sign is proposed to be relocated westerly, towazd Denmazk Avenue. The existing sign is directly abutting the building. Two Sugar Maple trees and two existing parking stalls aze proposed to be removed in conjunction with the sign relocation. It is recommended that the sign be shifted to the south to preserve existing Sugar Maple trees. ~~~ the agreement. Planning Report -MFC Properties March 21, 2001 Page 3 ~,~,~..,-,4~. Lan~~~ -The landscape plan indicates that two Silver Maple trees (they aze actually Sugar Maples) will be removed to allow the proposed sign to be visible from Denmark Avenue. (Note: The picture to the left is looking toward Denmark Avenue at the trees to be removed.) According to the City Forester, the maple trees aze significant, healthy trees and should be preserved, if possible. Further, it is recommended that shrubs be installed around the sign to act as a barrier and screen the supports. P rkinu -Currently, there aze .107 pazking stalls present on the subject site, however, there is a parking agreement with the adjacent property (Treasure's Island). The Zoning Ordinance would only require 77 stalls for the retail use of the site, thus the loss of two pazking stalls to accommodate a relocated sign does not appear to be a concern. MFC Properties is requesting a Planned Development Amendment to relocate an existing pylon sign approved in the Town Centre Pylon Sign Agreement. The proposed sign would be the same height as the existing sign and would only have two faces, whereas the existing sign has four. The proposal is generally consistent with surrounding uses and complies with the intent of Sign Plan for Town Centre 100. The pylon sign would still be located on the property approved as part of the plan; the only change is specific location. However, the proposed location would require the removal of two healthy Sugaz Maple trees. It appears as though the sign could be shifted to preserve the trees. A determination as to the acceptability of the relocation of the sign on the property is considered a policy decision by the City Council. To recommend approval of a Planned Development Amendment to relocate an existing pylon sign located at 3420-3450 Denmark Avenue (Lot 1, Block 1, Town Centre 100 6~' Addition) in the NW '/a of Section 15. If approved, the following conditions should apply: 1. The applicant shall submit a revised Sign Agreement exhibit depicting all existing sign locations prior to the issuance of a permit for the sign. a~a ~... - _ g ~+.-' . Planning Report - MFC Properties March 21, 2001 Page 4 2. The pylon sign shall maintain the required 10 foot setback from the property line abutting Denmark Avenue. 3. The existing pylon sign shall be removed prior to the permit issuance for the new sign. 4. Screening shall be installed at the base of the sign. 5. The pylon sign shall be relocated in a manner to preserve the existing Sugar Maple trees. ai9 Eagan Boundary Location Map ~ 71tr..t ~.nterline Parcel Area ~_ Building Footprint `u ~' e -~ , r ~ ~~-- -~ ~ ~ _-=~ , i ~ !~ i 0 ~q ~~ ~ 000 ~; k _ ,~, Q. ~ .~ ~" ~~ ~ ~ ,--_ o ~' S ~~~~ ~~ ~v ~' 6~: ~' " ~ ~, w v..~~ © 4~~ ~ W 9 „ ~~ ©© a c 8 Q ,. ~ p ar,~ ~~ 1 © ~ ~ ! a s i, ~ ~ t y--~ ~` jlk~ "~ ~-''- ~ ' C2 ~~r~., R'~ ~ = i ~, <- .,, ,`, a °' T ~. ii ~ ..v. _.. 711:: I 7000 0 1000 2000 Feet Development/Developer: MFC Properties Corp. Application: Planned Development Amendment Case No.: 15-PA-02-02-02 Map Pnparod using ERSI Aret<ew 7.7. Parnl base map data provided N by Dakota County land Survey Depanment and is eurr.nt as of October 2001. /~~ City of Eagan / ~ TItIS MAP IE INTENDED FOR REFERENCE 113E ONLY e/ / W E M i H h c 5 0 ~ a The Clty of Eagan and Dakota County do not guarantor the accuracy of this IMormatlon and aro S t:anmunity o.wloprn.nt D.p.rt~nt not responsible for anon or omissions. t ~ ~,, ~ ~ `I~' y\ ~~ ~. `~ ~~ .--~~` 3ub'ect Site ~ e ~~ ~ _: ~ ® ,. ~~ ~ T ........-. 11 1DI gl Gu e ,..~ /_ ~\. Current Zoning and Comprehensive Guide Plan MFC Properties Corp. Land Use Map Case No. 15-PA-02-02-02 Zoning Map ~B PD PD D Current Zoning: PD Planned Development pp $ P D r w. rru ° CSC PD PD :SC goo o eoo taoo p..t CSC PD °ca Comprehensive Guide Plan Land Use Map gA SA sA SA SA Current Land Use Designation: SA Special Area (Central Area) ° A • w ceMrne o. SA ~ SA •,k ,~ wo o goo taoo p..t 1 SA ~~ -areN MM m.p Mor~tbn provld~a,y Dak°t~ C.unty IanA Wv~Y DM+~°h O~IO~N7. h Zenby M.mutl.n ~~.~. ~ ~ay.t... ~ a ~ ~ City of Eagan "~ F Community Development Deparbnent 2, THIS MAP 13 INTENDED FOR REFERENCE USE ONLY Tho Clty of Esgan and Dakota County do not guarantaa tlt~ acetracy oT thls infomtatlon. S NEW PYLON SIGN TOWN CENTRE SHOPPES SHOPPING CENTER -BUILDING A 3420 - 3450 Denmark Ave. Eagan, NIN Anew two legged, multi-tenant, two-sided, internally illuminated pylon sign would be constructed and installed along Denmark Avenue. The new pylon sign would feature up to eight tenants currently leasing space in the building. The sign would feature ornamental iron to match some of the building detail. Simultaneously, the owner proposes to remove and dispose of an existing four legged pylon sign, which advertises only the name of the shopping center and is located up close to the building. Our request conforms to the sign standards set forth in Subdivision 6B, Pylon Signs in the Eagan Codes. This request is essentially to relocate a pylon sign to another more visible location on the property and convert it to amulti-tenant sign. The ne~v sign would be placed near the western perimeter of the parking lot and would occupy approximately two (2) rarely used parking spaces along Denmark Avenue. A curbed area would be constructed around the sign and the area below and around the sign would be filled and landscaped. A concrete gutter would be created to allow storm water to drain along the existing curbline from north to south. There will be two (2) Silver Maple trees removed along the boulevard to improve site lines to the new sign from Denmark Avenue. Existing mature Ginala Maple shrubbery will be pruned back to improve visibility to the sign. New landscaping will be established around the base of the sign and some shrubbery can be installed in place of the removed trees to screen the parking lot from Denmark Avenue. We anticipate construction of the curbed area and footings for the sign to commence in May 2002 with the completion date to coincide with other parking lot work in mid summer. We foresee no negative impact to the property or the surrounding properties from this installation. We anticipate the new sign to have a positive visual impact for the property and neighborhood. Emphasis will be placed on a professional design and installation of both the sign and surrounding landscaped areas in keeping with our practice of operating a professionally managed shopping center. ~~~ -~. 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