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06/04/2002 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING June 4, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS P /" A. Recognition of The Girl Scout Gold Award ~3 IV. 2001 COMPREHENSIVE ANNUAL FINANCIAL REPORT V. CONSENT AGENDA y A. APPROVE Minutes ~19 B. PERSONNEL Items a ~ C. RATIFY Check Registers for May 23, 2002 and May 30, 2002 ~D. APPROVE 2002-2003 Service Station License Renewals 3E. APPROVE 2002 New Commercial Fertilizer Applicators Licenses aYF. APPROVE 2002 New Tree Contractor License .~G. APPROVE 2002 Shows License ~H. APPROVE 2002 Parade Permit I. APPROVE Change Order for Community Room Renovation J. APPROVE Resolution Regarding Local Government Information Systems (LOGIS); Authorizing the Execution and Delivery of Second Amendment to the Joint and Cooperative Agreement 3~ K. APPROVE Amusement Device License Renewals 38'L. APPROVE On-Sale Liquor License and Sunday License for SID Holding, LLC dba Sidney's M. APPROVE Revised Special City Council Meeting Date of Tuesday, June 25 N. RECEIVE Bids and Award Contract 02-OS (Kenerick Addition -Storm Sewer Improvements) ~~0. CONTINUE Award of Contract Og13 (Evergreen Park Pond -July 2000 Storm Mitigation Improvements) ~(~P. APPROVE Settlement Agreement, Project 782 (Old Sibley Memorial Highway, Street Improvement -Final Assessment) Py~Q. APPROVE Easement Agreement, Project 806 (Kenerick Addition -Storm Sewer Improvements) ~~sR. ADOPT 5 Year (2003-2007) Capital Improvement Program (Part III -Public Works Infrastructure) Pso S. DECLARE Obsolete Furniture as Surplus and Approve as Donation js~ T. AUTHORIZE Community Wide Survey ~~U. APPOINT Representatives to the Cedar Avenue Corridor Transit Way Study Committees VI. 6:30 -PUBLIC HEARINGS s~j A. VARIANCE -THOMAS THRESS. A five foot variance to the required ten foot side yard / building setback for a house addition on Lot 29, Block 1, Duckwood Estates, located at 3550 6 Widgeon Way in the NE'/. of Section 15. B. CERTIFICATION of Delinquent False Alarm Bills p/ C. CERTIFICATION of Delinquent Weed Bills ~VIIV. OLD BUSINESS p ~ ~ A. Clarification of Woodstone Townhome setbacks - Tollefson Development, Inc. VIII. NEW BUSINESS ~~~ A. CONDITIONAL USE PERMIT -PORTFOLIO DESIGN. A Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Best Brands 2°d Addition, located at 1765 Yankee Doodle Road in the SE '/. of Section 8. B. CONDITIONAL USE PERMIT - WAL-MART. A Conditional Use Permit to allow a seasonal greenhouse and outdoor sales on Lot 1, Block 1, Town Centre 70 Eleventh Addition, located at 1360 Town Centre Drive in the NW '/, of Section 15. ~p ~ ~ ~ C. CONDITIONAL USE PERMIT - PARKVIEW GOLF CLUB. A Conditional Use Permit to / allow the installation of a pylon sign ten feet in height on Lot 1, Block 1, Parkview Golf Club, located at 1310 Cliff Road in the NW 'h of Section 34. ~~~D. ORDINANCE AMENDMENT to Chapter S entitled "Beer, Wine and Liquor Licensing and Regulation" to clarify the hearing process and penalty provisions and to change the civil penalties for violations in the sale of alcoholic beverages. ~~ : = E. ORDINANCE AMENDMENT to Chapter 5 entitled "Beer, Wine and Liquor Licensing and Regulation" to place the annual Consumption and Display licenses on an April 1 through March 31 license year to coincide with the State's license year. ~~ 3~ F. REZONING AND PRELIMINARY PLANNED DEVELOPMENT -GIFT OF MARY A rezoning of approximately 35.5 acres from A (Agriculture) to PD (Planned Development) and a Preliminary Planned Development for a children's home and school, located between Hwy. 55 and Lone Oak Road on the Eagan/Inver Grove Heights border in the NE '/< of Section ;and Receive Petition and Authorize Feasibility Report (Mary's Gift -Water and Sanitary Sewer Improvements) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads XI. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ** This agenda is subject to change. a MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 31, 2002 SUBJECT: AGENDA INFORMATION FOR NNE 4, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 4, 2002 City Council agenda, the following items are in order for consideration. AGENDA INFORMATION May 21, 2002 RECOGNITIONS AND PRESENTATIONS A. GIRL SCOUT GOLD AWARD FACTS: • The Girl Scout Gold Award is the highest award in Girl Scouting. It is available to Senior Girl Scouts in the 9th through 12th grades. • To achieve this leadership award, girls must meet three prerequisites in the areas of leadership, skill development, and career exploration. They must also plan and implement a significant leadership project involving 50 hours of community service over four months. • There are four girls from Eagan who recently received the Gold Award Laura Eide Laura Hogenson Joan Kaufenberg Laura Wolf • Certifications of Recognition will be presented to each girl a Agenda Information Memo June 4, 2002 Eagan City Council Meeting IV. 2001 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To accept the 2001 Comprehensive Annual Financial Report as presented. FACTS: • The certified public accounting firm of Kern, DeWenter and Viere, Ltd. has completed the Comprehensive Annual Financial Report for all City funds for the year ending December 31, 2001. • The City's Chief Financial Officer Tom Pepper, Director of Administrative Services VanOverbeke and City Administrator Hedges have met with representatives of KDV to review both the Management Letter and Annual Financial Report. • Representatives of KDV will make a presentation of the Annual Financial Report to the City Council at a Special City Council Work Session on June 4. • A copy of the Comprehensive Annual Financial Report will be filed with the State Auditor, a copy will be made available for public review and inspection at the public library and also available for public review at City Hall. ATTACHMENTS: • A copy of the Management Letter is enclosed without page number for Council review. • A copy of the Comprehensive Annual Financial Report for 2001 is also enclosed without page number for Council review. 3 Agenda Information Memo June 4, 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 May 21, 2002 regular City Council meeting, the May 21, 2002 Listening Session and the May 14, 2002 special City Council workshop as presented or modified. ATTACHMENTS: • Minutes of the May 21, 2002 regular City Council meeting are enclosed on pages S through ~. • Minutes of the May 21, 2002 Listening Session are enclosed on page ~~. • Minutes of the May 14, 2002 special City Council workshop are enclosed on pages through ~. `h MINUTES OF A REGULAR MEETING OF THE p R A F T EAGAN CITY COUNCIL Eagan, Minnesota May 21, 2002 A regular meeting of the Eagan City Council was held on Tuesday, May 21, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councihnembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Duector of Public Works Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Lord. AGENDA Councihnember Carlson moved, Councihnember Bakken seconded a motion to approve the agenda with the following changes: add "repeal interim ordinance in regard to accessory buildings" to the consent agenda, add a discussion regarding the charter commission accounting under the Administrative Agenda, and continue New Business item C to a June workshop. Aye: 4 Nay: 0 (Councihnember Tilley absent) Councihnember Carlson moved, Councihnember Bakken seconded, a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the May 7, 2002 Listening Session and the May 21, 2002 regular City Council meeting. B. Personnel Items. 1. It was recommended to approve the hiring of David Guenther, David Streefland, Nicholas Casalenda, Erik Johnson, Anthony Wheeler and LeRoy Rother as seasonal park maintenance workers. 2. It was recommended to approve the hiring of Eric Hansen, Tom Irvin, Kevin Weber and Ryan Neumann as seasonal park workers. 3. It was recommended to approve the hiring of Jay Buzenberg and Nicholas Ferlazzo as seasonal forestry technicians. 4. It was recommended to approve the hiring of Keith Casiday as a seasonal tree inspector. 5. It was recommended to approve the hiring of Abby Korte as a seasonal water quality technician. 6. It was recommended to accept the letter of resignation from Tom Weber, building maintenance worker. 7. It was recommended to accept the letter of resignation from Teresa Pojman, IT Assistant. 8. It was recommended to approve the submission of the pay equity implementation report to the Minnesota Department of Employee Relations. C. Ratify Check Registers. It was recommended to ratify the check registers dated May 9, 2002 and May 16, 2002. D. Service Station License Renewals. It was recommended to approve 2002-2003 Service Station License Renewals for the following: Cedar Cliff Amoco Eagan Amoco Food & Fuei Oasis Market Oasis Market #518 Oasis Market #576 Oasis Market #594 Oasis Market #590 Oasis Market #375 SuperAmerica #4049 SuperAmerica #4182 SuperAmerica #4335 SuperAmerica #4464 Rudy's Sinclair Eagan E-Z Stop E. New Commercial Fertilizer Applicators License. It was recommended to approve a 2002 new Commercial Fertilizer Applicators License for Living Green Lawn Care, 1310 Laurel Avenue, St. Paul, MN. s Eagan City Council Meeting Minutes May 21, 2002 Page 2 DRAFT F. 2002 Amusement Device License Renewals. It was recommended to approve 2002 Amusement Device License Renewals for Red Robin, Joe Senser's and Old Chicago. G. 2002 Massage Therapy,Establishment License Renewal. It was recommended to approve a 2002 Massage Therapy Establishment License renewal for Midwest Facial Plastic Surgery and Aesthetic Skin Care. H. Sumlus• It was recommended to declare obsolete monitors and CPU's as surplus and approve as a donation. I. Fish Lake Clean Water Partnership Project. It was recommended to accept Fish Lake Clean Water Partnership Project final report and officially authorize completion of the grant project; and acknowledge that water quality challenges of Fish Lake remain and that priority management of the lake needs to continue indefinitely into the future. J. Lebanon Hills Regional Park Wetland Replacement Plan. It was recommended to approve wetlands replacement plan of Dakota County Parks for Lebanon Hills Regional Park. K. Change Order. It was recommended to approve Change Order #1 for the construction of the Bandshell in the amount of $32,717. L. Purchase Agreement. It was recommended to approve the purchase agreement for 3822 Beau D'Rue Drive and declare that the City intends the acquisition to be eligible as a reimbursable expense as part of the Cedar Grove Tax Increment Finance Redevelopment District. M. Fina] Payment -Project 838. It was recommended to approve the final payment of contract #01-14 to Conway Construction. N. Final Plat. It was recommended to approve a Final Plat (Pinetree Forest 2°d Addition) consisting of one lot located north of 120` Street and west of Pine Street in the SE '/, of Section 36. O. Extension for Recording Final Plat. It was recommended to approve an extension for the recording of the final plat for YMCA 2°d Addition to October 30, 2002. P. Contract 02-13. It was recommended to receive the bids for Contract 01-13 (Evergreen Park /Ponds BP-15 and BP-16 -July 2000 Storm Mitigation Improvements Area #5) and continue the award of the contract to the June 4, 2002 regular City Council meeting. Q. Contract 01-15A. It was recommended to receive bids for Contract 02-15A (Community Center Storm Sewer improvements), award the contract to Nova-Frost, Inc. for the bid amount of $66,955 and authorize the Mayor and City Clerk to execute all related documents. R. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10- 25801-120-OS (708 Caribou Lane)and authorizes the Mayor and City Clerk to execute all related documents. S. Contract 01-16. It was recommended to receive the bids for Contract 01-16 (Cedar Grove Redevelopment Area -Commercial Building Demolition/Removal), award the contract to Lloyd's Construction Services for the base bid in the amount of $59,600.00 and authorize the Mayor and City Clerk to execute all related documents. T. Dakota County Big.Rivers Regional Trail Extension and Enhancement Project. It was recommended to approve a resolution endorsing the Dakota County Big Rivers Regional Trail Extension and Enhancement Project. U. Tree Contractor License. It was recommended to approve a new Tree Contractor License for All Star Lawn, 26242 Ipava Avenue, Lakeville, MN. V. Tobacco License. It was recommended to approve a new tobacco license for Tobacco Road, 1270 Town Center. W. Change Order -Contract 01-13. It was recommended to approve Change Order No. 3 for Contract 01- 04 (Central Parkway -Street & Utility Improvements). X. Change Order -Contract 01-04. It was recommended to approve Change Order No. 3 for Contract 01- 04 (Central Parkway -Street & Utility Improvements. Y. Revenue Bonds. It was recommended to give final approval of documents related to the issuance of revenue bonds for the YMCA of Greater St. Paul under Minnesota Statutes, Sections 469.152 through 469.165. 6 Eagan City Council Meeting Minutes May 21, 2002 Page 3 PUBLIC HEARINGS BUILDING MOVE PERMITS -KEVIN MANLEY DRAFT City Administrator Hedges introduced this item regarding a request for three separate building move permits to relocate three houses with attached garages to the Natures Edge Subdivision. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. Council. There being no public comment, Mayor Awada closed the public hearing and fumed discussion back to the Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve three separate Building Move Permits to relocate three houses with attached garages to the Natures Edge Subdivision. Aye: 4 Nay: 0 (Councihnember Fields abstained) VARIANCE -JEFF AND KIMBERLY WILSON City Administrator Hedges introduced this item regarding a request for a variance to the required 30-foot front yard setback for the construction of a garage addition at 3927 Boston Court. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicants addressed Council and sited their need for storage space and noted their lot is one of the largest in the neighborhood. All neighbors approve of addition, due to the additional 27 feet of property adjacent to the proposed addition. There being no further public comment, Mayor Awada closed the public hearing and fumed discussion back to Council. The Council agreed that since the neighbors approve of the addition and the addition does not exceed lot coverage, the addition should be granted. Councihnember Bakken moved, Councilmember Fields seconded a motion to approve an eight foot variance to the required 30-foot front yard setback for the construction of a garage addition on Lot 8, flock 1, Lexington Square 2nd Addition, located at 3827 Boston Court in the NW '/. of Section 23. Aye: 5 Nay: 0 VARIANCE - NEAL GRASS City Administrator Hedges introduced this item regarding a request for asix-foot variance to the required 30-foot front yard setback for the construction of an open porch at 2037 Emerald Lane. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. The applicant addressed the Council and sited the need for the porch. The applicant stated that none of his neighbors object to the addition of the porch. Mayor Awada inquired about City Code requirements in regard to additions with roofs. Senior Planner Ridley told the Council that due to foundation needed for a roof and resulting lot coverage changes, the variance is required. The variance requested by the applicant is well under lot coverage requirements, according to Ridley. There being no further public comment, Mayor Awada closed the public hearing and fumed discussion back to the Council. Eagan City Council Meeting Minutes May 21, 2002 Page 4 DRAFT Councihnember Carlson moved, Councihnember Bakken seconded a motion to approve asix-foot variance to the required 30-foot front yard setback for the construction of an open porch on Lot 17, Block 9, Cedar Grove No. 1, located at 2037 Emerald Lane in the SE '/, of Section 19. Aye: 5 Nay: 0 OLD BUSINESS NEW BUSINESS PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT CLIFF ROAD PROPERTIES City Administrator Hedges introduced this item regarding a preliminary subdivision (Cliff Lake Centre 3`d Addition) of approximately 6.57 acres to create two lots and a Preliminary Planned Development for commercial retail and services on property on the corner of Cliff Lake Road and Rahn Road. Senior Planner Ridley gave a staff report. Ridley informed the Council that the Planning Commission recommended the preliminary subdivision on a 5-2 vote. Dissent was due to impervious service requirements due to the location next to Cliff Lake. The City Council discussed the impervious surface coverage. The attorney representing Cliff Road Properties was present and addressed the Council on the proposed subdivision, and noted that the impervious surface coverage over the two lots is 25%. Mayor Awada asked about redrawing the lot line to make the impervious coverage even over the two lots. Mayor Awada noted her preference of 16% lot coverage as compared to 25%, and also voiced concern that shifting of lot lines should not be used with the intention of getting around zoning regulations and codes. Councihnember Carlson moved, Councihnember Fields seconded a motion to approve a Preliminary Planned Development to allow commercial uses on Outlot B, Cliff Lake Centre, located at the intersection of Rahn Road and Cliff Lake Road in the SW '/, of Section 29, subject to the following conditions: Aye: 5 Nay:O Councilmember Carlson moved, Councihnember Fields seconded a motion to approve a Preliminary Subdivision to subdivide a 6.5 acre outlot into two lots (Cliff Lake Centre 3`d Addition) on Outlot B, Cliff Lake Centre, located at the intersection of Rahn Road and Cliff Lake Road in the SW '/, of Section 29, subject to the following conditions: • Change the lot line to make the 28% impervious surface coverage equal on two lots in order not to set a precedent for future development (The lot line change is to be handled administratively by staff). Friendly Amendment: Councihnember Carlson offered a friendly amendment to her motion to change the motion to read: "make the 25% impervious surface coverage equal on two lots in order not to set a precedent for future development (The lot line change is to be handled administratively by staff J." Aye: 5 Nay: 0 PRELIMINARY SUBDMSION (1~TICOLS RIDGE) -DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Subdivision consisting of 371ots (88 units) on approximately 9 acres located on the south side of Beau D' Rue Drive. Senior Planner Ridley gave a staff report. The Applicant, Mark Parranto, presented to Council and noted that the density of the development, at the Council's request, has been reduced from 269 to 230 units. At the applicant's request, the Council discussed items 8 and 9 of the development conditions regarding responsibilities for planned streetscaping improvements and public right-of- 8' Eagan City Council Meeting Minutes May 21, 2002 Page 5 DRgFT way dedication. Parranto asked that details be worked out with staff to arrange plans between the City and Delta Development for landscaping and trails in the proposed development, as well as discuss the proposed assessment should Delta be asked to do any of the streetscaping themselves. Public Works Director Colbert addressed the applicant regarding timing of project, and noted that all of the streetscaping work should be done under one project. Colbert and Parranto agreed to discuss the matter further to detemune the most efficient and fmancially feasible to the streetscaping improvements. The Council discussed the dedication of public right-of--way. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Nicols Ridge) consisting of 37 lots (88 units) on approximately 9 acres located on the south side of Beau D' Rue Drive in the NE '/, of Section 19. Councihnember Carlson offered a friendly amendment, which Councihnember Bakken accepted, to change condition #9 to read "To accommodate the trail and streetscaping improvements along Beau D' Rue (City Project No. 866) public right-of--way shall be dedicated to a distance up to 25 feet from the southeast curb line of Beau D' Rue." Aye: 5 Nay: 0 ORDINANCE AMENDMENT -CITY OF EAGAN Continued to June workshop ORDINANCE AMENDMENT -CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to the Eagan City Code Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.20, Subd. 2 adopting a new Zoning Map reflecting a zoning change of Bridle Ridge and Hills of Stonebridge Planned Developments to R-l, including variances to existing parcels that do not meet R-1 bulk standard requirements. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councihnember Tilley seconded a motion to approve an ordinance amendment to the Eagan City Code Chapter l lntitled "Land Use Regulations (Zoning)" Section 11.20, Subd. 2 adopting a new Zoning Map reflecting a zoning change of Bridle Ridge and Hills of Stonebridge Planned Developments to R-1, including variances to existing parcels that do not meet R-1 bulk standard requirements. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE ADMINISTRATIVE AGENDA There was no executive session. 1. Twin Cities Poultry--City Administrator Hedges introduced the item regarding Twin Cities Poultry's request fora 7-day extension to remain in their current place of occupancy. City staff noted that the extension to June 7 is acceptable in regard to redevelopment plans in Cedar Grove. Twin Cities Poultry agreed to absorb any demolition costs that result from the delay. Councihnember Carlson moved, Councilmember Bakken seconded a motion to approve the 7-day occupancy extension to Twin Cities Poultry. Aye: 5 Nay: 0 2. City Administrator Hedges infgnned the Council that former Eagan Mayor, Tom Egan, was appointed as the new Metropolitan Council representative for District 15. 9 Eagan City Council Meeting Minutes May 21, 2002 Page 6 ~RaFr 3. Charter Commission-Director of Administrative Services VanOverbeke reported that a letter was sent to the Charter Commission requesting a refund of the remaining Charter Commission funds not used in 2001, which was direction of the State Judicial System at the time the Commission was formed. VanOverbeke reported to the Council that the City has not received a check of reimbursement from the Charter Commission, nor has the City received correspondence addressing the reimbursement of funds. The Council discussed the City's options to obtain the proper reimbursement. Mayor Awada sited a letter from Tom King, charter member, which stated that the Charter Commission has falsified documents. Mayor Awada moved, Councihnember Fields seconded a motion to have the City Attorney send a registered letter to the Charter Commission Chair and Treasurer with written clarification of expectations for reimbursement and a stated 7-day deadline for reimbursement. If the reimbursement is not received, the City Attorney is directed to proceed in filing for collection in conciliation court. Councilmember Fields offered a friendly amendment, which Mayor Awada accepted, to send a copy of the City Attorney's letter to Judge Spicer as well. Aye: 5 Nay: 0 4. Councilmember Fields extended an invitation to the Council from Don Holz, who invited the City Council to Holz Farm Park this September to hold a meeting at the Park. 5. Councihnember Tilley noted that Mike Maguire addressed the Council at the listening session proceeding tonight's Council meeting regarding the proposed orphanage. Councilmember Tilley requested information from city staff regarding the cost of the facility and what would happen if the home had financial difficulties. City Adnunistrator Hedges recommended to the Council that questions pertaining to the proposed orphanage should be passed on to Copelands so that the Copelands may address the concerns. The Council noted that the public will have an opportunity to learn more about the proposed orphanage at the May 28 APC meeting. Councilmember Tilley voiced disappointment that the public forum held pertaining to the orphanage did not offer a balanced viewpoint. Mayor Awada reminded the Council that on June 4, from 4:30-6PM, the Council will meet as the EDA to discuss redevelopment items. ADJOURNMENT The meeting adjourned at 8 p.m. into an Executive Session to consider Date No visitors. VISITORS TO BE HEARD Deputy City Clerk /o Eagan City Council Meeting Minutes May 21, 2002 Page 7 ~RaFr If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. // BRA F ~' MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL MAY 21, 2002 6:00 P.M. The Eagan City Council held a Listening Session on May 21, 2002 at 6:00 p.m. Margo Danner, Eagan Advisory Parks Commission member, spoke to the Council regarding the fitness room in the new Community Center. She requested that research on how other cities managed their fitness centers be used in determining the best fit for Eagan's fitness center. City Administrator Hedges noted that atwo-week extension has been advertised for receiving RFP's from organizations interested in managing the fitness center, and the deadline for the RFP submittals is May 31, 2002. Mike Maguire spoke to the Council about the citizen's education forum that was recently held in regard to the proposed Gift of Mary Children's Home. He distributed media kits to the Council. Mr. Maguire inquired about the rezoning that will be considered by the City Council. The meeting adjourned at 6:30. Respectfully submitted, Dianne Lord Assistant to the City Administrator is ~~ MINUTES OF A ~ ~ T SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY MAY l4, 2002 MUNICPAL CENTER LUNCHROOM 5:00 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services. VanOverbeke, Parks and Recreation Director Vraa, Cascade Bay Facility Manager Hunter, Public Works Director Colbert, City Engineer Matthys, Assistant City Administrator Verbrugge, Senior Planner Ridley, Police Chief Therkelsen, and Intern to the City Administrator Lord. I. ROLL CALL AND AGENDA ADOPTION Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended to include discussions regarding a senior survey, solicitor licenses, and the McCarthy property. Aye: 4 Nay: 0 (Councilmember Tilley not present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. REDVELOPMENT ITEMS Highway 55 T1Fl McGough Final Redevelopment Agreement Assistant City Administrator Verbrugge introduced Greg Miller and Mark Fabel of McGough Development Company, who presented McGough's redevelopment plans and vision for Grand Oaks Business Park, including Blue Gentian Corporate Campus, at the proposed location in the Highway 55 corridor between I-35E and Highway 149. No action was requested; rather, the item was for information only. Eagan resident, Ray Sandford, read a statement regarding the judicial proceedings that are underway in Dakota County court regarding the Highway 55 TIF District. Assistant City Administrator Verbrugge stated that at the advise of the City Attorney, the City has been directed not to comment on the legal proceedings until a final ruling is made. Two (2) Eagan residents that live on Blue Gentian Road spoke regarding their concerns that the City is looking to develop land that is not City-owned, and that purchase prices being negotiated by McGough are not consistent with neighboring properties. /3 Special City Council minutes May 14, 2002 Page 2 ~RgFT The Council discussed the citizens' comments, as well as the development proposal. Council directed further discussion of the item at a June 4 workshop to take place at 4:30PM, prior to the regular City Council meeting. Councilmember Tilley arrived at 5:45 PM Highway 55 TIFJInterstate Partners Assistant City Administrator Verbrugge introduced Greg Miller of Interstate Partners, who presented the development that Interstate is proposing for the northwest quadrant of the Highway 55/149 intersection. The Council discussed the development. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct staff to draft a preliminary redevelopment agreement with Interstate Partners and present the draft at the June 4 workshop. Aye: 5 Nay: 0 Greg Miller addressed the Council regarding escrow funds related to TIF District No. 2-3. Miller asked the City to absorb the costs ($7,948.41) related to condemnation of the Imre parcels. Councilmember Carlson noted that Interstate did all of the clean-up work on the property, which amounted to over $40,000. The Council agreed that the City previously owned the polluted property, and was appreciative that Interstate did all of the clean-up work. Councilmember Carlson moved, Councilmember Fields seconded a motion to release Interstate Partners from the $7,948.41 escrow. A friendly amendment was moved by Councilmember Bakken and accepted by Councilmember Carlson to reimburse Interstate Partners for the $7,948.41 in clean-up costs since it is the not the City's practice to reimburse escrow payments. A second friendly amendment was moved by Councilmember Bakken and accepted by Councilmember Carlson to waive the applicant's claim to other reimbursements. Aye: 4 Nay: 1 (Councilmember Tilley opposed) Cedar Grove TIF/ Ryan Final Redevelopment Agreement Assistant City Administrator Verbrugge presented a map of development scenarios to the Council in Cedar Grove and introduced Ryan Companies, with whom the City entered into a preliminary redevelopment agreement fora 175,000 square foot office-showroom project and a 16,000 build-to-suit office in the North District of the Cedar Grove Redevelopment Area. Kent Carlson and Danny Queenan of Ryan Companies presented the site plan for the office-showroom development. The Council discussed the proposed development. The City Council directed further negotiations with Ryan Companies at the June 4 Council workshop. ~y o,~ Special City Council minutes /q ~~ May 14, 2002 Page 3 Cedar Grove TIF/ Review of New Proposals Jim Prosser or Ehler's & Associates provided the Council with overviews of each of the new development proposals that have been received. Prosser presented three (3) senior housing proposals, one (1) commercial proposal, and one (1) mixed-use proposal. The Council discussed the proposals and asked that Senior Planner Ridley inquire on the acreage of Commons on Maurice and Gramercy. The Council also asked Prosser to bring pictures of previous structures built by those who submitted proposals. The Council also directed Prosser to seek out mixed-use senior living (memory care, assisted living, and independent living) for Redevelopment Area 3B. The Council approved of the commercial use of Area 3A and mixed-use development in Area 2B. An Eagan resident voiced her concern that the "anchors" that were present in the Village Plan are no longer being considered. Prosser informed the Council that he would have additional information on senior housing opportunities in one week and information on the retail opportunities in 30 days. The Council discussed the HRA's desire to be in Cedar Grove and the HRA's concern that the land is too expensive. The Council directed staff to contact the HRA to encourage them to look at beginning Phase II in Oakbrooke on Cliff Road. IV. DISCUSS REGULATIONS FOR FREQUENCY OF GARAGE SALES Councilmember Fields informed the Council that a citizen had approached her regarding the frequency of garage sales, which included consignment sales, in the citizen's neighborhood. Parks and Recreation Director Vraa presented a matrix that listed the regulations that neighboring communities have on garage sales. The Council discussed garage sale regulations. The City Council directed staff to prepare an amendment to the City Code to reflect the following changes: Maximum number of garage sales allowed per year: 3 Maximum number of hours allowed per garage sale: 72 There shall be no provisions in the code to prohibit resale or consignment items in a garage sale, craft sales, or public building garage/craft sales. V. DISCUSSION RE: SURVEY FOR OPEN SPACE At the direction of the Council, City Administrator Hedges presented the Council with information regarding the budget allocation for acommunity-wide survey, estimated expenditures for a survey, and synopses of surveys from Dakota County related to open space. Four citizens were present and voiced their concern over development occurring too quickly and wanting to preserve open space in Eagan. They also informed the Council of /S Special City Council minutes May 14, 2002 Page 4 RAFT grant applications they have submitted and requested that the City put an option on 60 acres of available land North of Wescott. The Council discussed the necessary funding for matching grants and noted the lack of funding that the City has available. They also discussed the need for acommunity-wide survey and the opportunity to include questions about open space in that survey. City Administrator Hedges informed the Council that $20,000 is budgeted in 2002 for a community-wide survey, and it has been the City's practice to do a community-wide survey every five years. Hedges also noted that the last community-wide survey was conducted in 1996. Mayor Awada moved, Councilmember Tilley seconded a motion to: • Prepare survey objectives and topics to be addressed • Obtain price quotations from reputable businesses that are accustomed to doing Community-wide surveys, and also get price quotations for asingle-issue survey. • Direct staff to bring the sample survey to the Council as soon as possible, preferably in June. Councilmember Tilley offered a friendly amendment, which Mayor Awada accepted, to direct staff to speak to local government survey providers and ask the provider(s) to meet with the City Council before deciding on how the Council wishes to proceed with the survey. Aye: 5 Nay: 0 VI. CASCADE BAY STROLLER POLICY Per the direction of the Council at the April 9 Listening Session, Parks and Recreation Director Vraa presented two options for stroller storage at Cascade Bay. The Council discussed the two options. Mayor Awada moved, Councilmember Fields seconded a motion to approve Option 1, which stated the following: • Strollers will be stored in a corral under the Typhoon and Hurricane slides (maximum capacity: 20-30 strollers) • Cascade Bay staff will not check strollers in or out. • Each guest will put their name on a tag to attach to the handle of hislher stroller, which will be given to the guest when he/she arrives. • Tags will have a reminder printed on them advising users that all valuables be removed from the stroller before bringing it to the corral and the Cascade Bay staff is not responsible for lost or missing items left in strollers. • Guests will be able to drop off their towels and personal items at a chair, and push strollers to the corral. /6 D/~ SFr Special City Council minutes May 14, 2002 Page 5 • If staff notices guests taking advantage of the stroller policy by leaving their strollers next to the chairs, staff will be at the liberty to page the owner and move the stroller to the designated area. • If there are repeated abuses, staff will refuse the.privilege of bringing strollers into Cascade Bay during future visits. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley were not present) VII. REVIEW LIQUOR LICENSE VIOLATION HEARING PROCEDURES AND CIVIL PENALTIES Director of Administrative Services VanOverbeke presented a draft ordinance amending City Code Chapter 5 entitled, "Beer, Wine and Liquor Licensing and Regulation" by amending Section 5.02, Subdivision 4 (G) and (H) regarding liquor license violation penalties and hearings. Included in the amended ordinance would be changes to the penalties including: • $500 for the first violation $1000 for the second violation within a 24-month period $1,500 and a seven (7) day suspension of license for a third violation within a 24- month period $2,000 and a 30 day suspension, unless a greater civil penalty, or suspension or revocation of the license is determined by the Council, shall be imposed upon the fourth or more violation within a 36-month period Councilmember Bakken moved, Councilmember Fields seconded a motion to direct the preparation of the amended ordinance for consideration on the consent agenda at the May 21 City Council meeting. Aye: 4 Nay: 0 (Councilmember Carlson absent) VIII. CONSIDERATION OF STREETSCAPE SUBCOMMITTEE RECOMMENDATION City Administrator Hedges presented the streetscaping subcommittee's recommendation to the Council. Mayor Awada moved, Councilmember Tilley seconded a motion to approve the April 16 recommendation of the streetscaping subcommittee. Aye: 3 Nay: 0 (Councilmembers Bakken and Cazlson absent) IX. CONSIDERATION OF PART III (2003-2007) UTILITIES AND STREET CIP Public Works Director Colbert presented the 2003-2007 Utilities and Street CIP and noted that the by presenting the CIP, the direction would be to approve the programming of the /7 Special City Council minutes On May 14, 2002 Page 6 /~ 1' projects and not approve the projects themselves. The Council discussed the proposed improvements and asked for input from other jurisdictions regarding their participation in the funding. The Council directed staff to list the CIP under Old Business for Council consideration. Councilmember Fields moved, Councihnember Bakken seconded a motion to pull the Northwood Ring Road from the 2003-2007 programming, and rather, list the project under "future items" in order to reconsider the project next year. Aye: 5 Nay: 0 X. SENIOR SURVEY This item was continued until a later date due to Parks and Recreation Director Vraa not being present. XI. SOLICITORS LICENSE City Administrator Hedges informed the Council of a solicitor that lives out of state who is causing disturbances in Eagan neighborhoods. The Council inquired whether the solicitor's license could be revoked. The City Attorney, as presented by City Administrator Hedges, stated that regulations on solicitor licenses are difficult due to first amendment rights. Police Chief Therkelsen informed the Council that the City Code lists "over aggressiveness" and "refusal to leave" as "prohibited acts". The Council directed staff to continue documenting complaints through the City Clerk's office, and to notice the solicitor of the complaints. XII. ADJOURNMENT The meeting adjourned at 11:45 PM. Date City Clerk If you need these minutes in an alternative form such as lazge print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regazd to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regazd to public assistance. /g Agenda Information Memo June 4, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Jeff Brooker, Jenny Erkel, Kellie Grimm and Christopher Hoffman as seasonal park maintenance workers. Item 2. Seasonal Park Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Melissa Kessler as a seasonal park worker. Item 3. Seasonal GIS/GPS Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Leah Taylor as a seasonal GIS/GPS Intern. Item 4. Part-time Seasonal Preschool Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Judith Forde as a part-time seasonal preschool instructor. Item 5. Part-time Seasonal Preschool Instructor Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Tristan Preusse, Melissa Buntjer and Katie Nelson as part-time seasonal preschool instructor assistants. Item 6. Part-time Seasonal Puppeteer-- ACTION TO BE CONSIDERED: To approve the hiring of Lindsey Dulin as a part-time seasonal puppeteer. /9 Agenda Information Memo June 4, 2002 Eagan City Council Meeting Item 7. Authorize Position and Advertisement for Community Center General Manager-- ACTION TO BE CONSIDERED: To approve the position of Community Center General Manager and authorize advertisement for the position. FACTS: This position has been reviewed by the Community Center/Central Park Operations Committee and is presented on the regular City Council agenda for formal action. The timing of the consideration of the position and similarities to the Civic Arena and Cascade Bay processes were outlined in the narrative for the Special City Council meeting. ATTACHMENTS: • Enclosed without page number is a copy of the Position Write-Up as drafted by Director of Parks and Recreation Vraa. ao Agenda Information Memo June 4, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 23, 2002 and May 30, 2002 as presented. ATTACHMENTS: • Check registers dated May 23, 2002 and May 30, 2002 are enclosed without page number. ai AGENDA INFORMATION June 4, 2002 CONSENT AGENDA: ITEM D: 2002 - 2003 SERVICE STATION LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2002 - 2003 Service Station License renewals for the following: Tom Thumb Yocum's Market Holiday Stationstore #68 Holiday Stationstore #31 S Holiday Stationstore #232 Holiday Stationstore #247 PDQ McG's Duckwood 66 FACTS: All applications for renewal have been reviewed by staff and deemed acceptable. a~ Agenda Information Memo June 4, 2002 Eagan City Council Meeting E. 2002 NEW COMMERCIAL FERTILIZER APPLICATORS LICENSE ACTION TO BE CONSIDERED: Approve 2002 New Commercial Fertilizer Applicators License for S&S Tree Specialists, 405 Hardman, So. St. Paul, MN. FACTS: • The application has been reviewed by staff and deemed acceptable. ~3 Agenda Information Memo June 4, 2002 Eagan City Council Meeting F. 2002 NEW TREE CONTRACTOR LICENSE ACTION TO BE CONSIDERED: Approve 2002 New Tree Contractor License for Vertical Perfections, 13705 Washburn Avenue, Burnsville, MN. FACTS: • The application has been reviewed by staff and deemed acceptable. ay Agenda Information Memo June 4, 2002 Eagan City Council Meeting G. 2002 SHOWS LICENSE ACTION TO BE CONSIDERED: Approve 2002 4`'' of July Funfest Application, 1774 Bluestone Drive, Eagan, MN. FACTS: • The application has been reviewed by staff and deemed acceptable. ATTACHMENT: • A copy of the application has been attached as page ~. as 550.00 Investigation Fce CITY OF EAGAN Date -~ ~ ~' ` - '' 525.00 License Fec APPLICATION FOR SHOWS LICENSE ' [Shows: public show. movie. caravan, circus, carnival, exhibition, thcater) `~ ~T ~ I, ~ c * J G< <y ~u r~ f f , hereby make application fora ~ LL / 6~ r LY~ name ~ type of show license from the City of Eagan, which will take place on ~-1 ~< <ii ~`~ y, ~CC~ during the hours of dates /C,~n~t - / p~ ~ ~ n i ~ Y~~ ~ j ~ {1 ~ (' ~Cc r ~C .The purposc of the event hours bcation rfS t`t,r-(i name of organisation address phone Names and addresses of corporation officers: name address phone name address phone name address phonc name address phone Person in charge ofevent: -~ c`'/~' /i ~ /?<i /P~ . 11 last name first name ` middle name . -= ~'hddress phone bird~date social security numbcr MAgE CHEC% PAYABLE TO: CITY OF EAGAN. Licenses are issucd for a specific period and will be issued to qualified individuals or firms only. Failure to providc true and correct information shall constiwtc a violation of the ordinance in question and in addition to penalties, the license of any applicant may be revoked. sssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss~sssssassssssasssssssss sssss FOR CITY USE ONLY: Police Approval Date Ciry Clcrk Approval D a t e 4.91 a6 Agenda Information Memo June 4, 2002 Eagan City Council Meeting H. 2002 PARADE PERMIT APPLICATION ACTION TO BE CONSIDERED: Approve 2002 4~' of July Funfest Parade Application, 1774 Bluestone Drive, Eagan, MN. FACTS: • The application has been reviewed by staff and deemed acceptable. ATTACHMENT: • A copy of the application has been attached as page ~. a~ Permit fee: $25.00 Date: sl/~• % ~ a- CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA SS122 PARADE PERI.7IT APPLICATION I, r- FF' ~ ~ c ~ •~c~ ~- ,J hereby make application for a Parade NAME La First Middle Permit for ~-~ t-l ~~ yr` 1 ~ ~ Q ~ from the City of Eagan. ?he sponsoring D to organization is: `~'~ `' ~ ~ :~~~ ~~ ~~ ~ acs -~ Name of Organization ' ~ce CI ~ 1.~ m ~ ;~7 ~ ~- City State Zip 7 7 ! ~ ~f ACS YE'Y~2 ,~~r Street Address _ Telephone Cos ~ - (~ ~~ - Co ~~ / Describe the route, the length, estimated time c,f commencement and termination and the general composition of the parade: C L~e,~ -~ ~-tip (- ~~,, k~~ ~ ~~ Ce -~ ~l ~~<~~.~ ~~ ~~ ~~ ~~ ~i ~ Authorized Signature: ", ull Middle Last The Chief of Police will review the parade route, examining possible hazardous or inconvenient conditions. He shall make arrangements for alternate routing of traffic and any other traffic control measures. His findings will be presented to the City Council, The Council may deny or grant the permit, and/or add conditions including a date, time or route. For City Use Only: Police Approval: Yes No ( ) - Signed City Council Approval: Yes ( ) No ( ) puade.61 .s 24 Date Signed Date a a' Agenda Information Memo June 4, 2002 Eagan City Council Meeting I. APPROVE CHANGE ORDERS FOR COMMUNITY ROOM RENOVATION PROJECT ACTION TO BE CONSIDERED: To approve change orders received for the Municipal Building Community Room renovation. FACTS: • The City Council awarded the contract for the Community Room renovation to Construction Results on January 8, 2002. • The original contract award was in the amount of $82, 690. Previously, three construction changes and one material change were approved by the Council in the amount of $5,174 for a total project cost of $87,864. • Change order numbers 2-4 are related to code compliance issues not identified in the original plans. The total of the three change orders is $3,089 for a total project cost of $90,953. • The consulting architect, assistant city administrator, and chief building official have reviewed the various requested change orders to determine need and appropriateness. The project costs with change orders are still within the original projected cost and budget for the renovation. ATTACHMENT: • A copy of the proposed change orders is attached on pages through ~9 2000 Edition -Electronic Format AIA Document G701- 2000 Change Order PROJECT: Community Room Remodel City of Eagan 3830 Pilot Knob Road Eagan. MN 55122 (Name and address) TO CONTRACTOR: Construction Results Corgi 141 DO - 23rd Avenue North Plymouth. MN 55447 (Name and address) THE CONTRACT IS CHANGED AS FOLLOWS: CHANGE ORDER NUMBER: 02 DATE: April 25, 2002 ARCHITECT'S PROJECT NUMBER: 00009 CONTRACT DATE:Jan. 9, 2002 CONTRACT FOR: Remodeling of Community Room (Include, where applicable, any undisputed amount attributabk to previously executed Construction Changc Directives.) Revise existing sprinkler heads to be on corridor side of existing window Total Add: $458.00 The origins (Contract Sum) was s 2 The net change by previously authorized Change Orders s 17 .0 The (Contract Sum) ( )prior to this Change Order was 5 7 864. 0 The (Contract Sum) ( -~e3 will be (increased) (dec-ceased) (aged) by this Change Order in the amount of s 458.00 The new (Contract Sum) (6tfiara~eed ~t13 -l~e~ including this Change Order will be s88 3 .00 The Contract Time will be (~-reused) (dec~easeel) (unchanged) by zero (--0-)days. The date of Substantial Completion as of the date of this Change Order therefore isMarch 31. 2002 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive for which the cost or time are in dispute as described in Subparagraph 7.3.8 of AIA Document A2oi. Not valid until signed by the Architect, Contractor and Owner. CNH Architects Construction Results City of Eagan Corp HITECT (Typ name) (Signature) I~ ~• U BY CONTRACTOR (T}pcd name) (Signature) 1S~IA ~-K S~iY%{J~- BY O W N E R(Typed name) (Signature) BY m 2000 T e American Institute o Arc itects. Repro uction o t e matena erein or su stantia quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Un{icensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: co-02.aia -- 4R5R002. AIA License Number 1133881, which expires on 2/28/2003. OWNER ARCHITECT CONTRACTOR FIELD OTHER AUTHENTICATION OF TFOS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ~~ '~ ~. f, ,~ ~~ ©1000 AIA® AIA DOCUMENT G701-2000 CHANGE ORDER The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ,3 d y.--~°. 2000 Edition -Electronic Format AIA Document G701- 2000 Change Order PROJECT: CHANGE ORDER NUMBER: 03 OWNER 0 Community Room Remodel DATE: April 26, 2002 ARCHITECT City of Eagan x 3830 Pilot Knob Road ARCHITECT'S PROJECT NUMBER: CONTRACTOR X Eagan. MN 55122 00009 (Name and address) TO CONTRACTOR: CONTRACT DATE:Jan. 9, 2002 FIELD ~ construction Results Com. CONTRACT FOR: OTHER 14100 - 23rd Avenue North Remodeling of Community Room Plymouth. MN 55447 (Name and address) THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where appGcab/e, any undlsputedamount attributable to previously executed Construction Change Dimtives:) AUTHENTICATION OF TMS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. Add acoustical panel ceiling to storage room. Total Add: $2.167.00 The original (Contract Sum) was S 6 The net change by previously authorized Change Orders a 5.632.00 The (Contract Sum) ( )prior to this Change Order was S 88.322.00 The (Contract Sum) (F~a~a~teed will be (increased) (decfeased) (at3ged) by this Change Order in the amount of s 167 00 The new (Contract Sum) (Feed ~ ~e3 including this Change Order will be s9 49.0 The Contract Time will be (eased) (dec->:eased) (unchanged) by zero (-0-)days. ,~ The date of Substantial Completion as of the date of this Change Order therefore isMarch 31. 20 2 ~, ,:~ ~~.~~ ~~ NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or m 2000 AIA® Guaranteed Maximum Price which have been authorized by Construction Change Directive for AIA DOCUMENT G701-2000 which the cost or time are in dispute as described in Subparagraph 7.3.8 of AIA Document Azoi. CHANGE ORDER The American Institute of Not valid until signed by the Architect, Contractor and Owner. Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5291 CNH Architects Construction Results Citv of Eagan Corp. ® 2000 T e American Institute o Arc rtects. Repro uction o t e matena ere~n or sir stantia quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration, as noted below. User Document: co-03.aia - 4/268002. AIA License Number 1133881, which expires on 2888003. 3/ 2000 Edition -Electronic Format AIA Document G701- 2000 Change Order PROJECT: Community Room Remodel City of Eagan 3830 Pilot Knob Road Eagan. MN 55122 (Name and address) TO CONTRACTOR: Construction Results Corgi 14100 - 23rd Avenue North Plymouth. MN 55447 (Name and address) CHANGE ORDER NUMBER: 04 DATE: May 3, 2002 ARCHITECT'S PROJECT NUMBER: 00009 CONTRACT DATE:Jan. 9, 2002 CONTRACT FOR: Remodeling of Community Room THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previouslyexecuted Construction Change Directives.) Add fire tapingpreviously deleted from P. R. #2. Total Add: $464.00 The origina (Contract Sum) was s The net change by previously authorized Change Orders 5 7 7. 99.00 The (Contract Sum) ( )prior to this Change Order was s 90.489.00 The (Contract Sum) (6ttaraffteed~4-aa~-1~~ will be (increased) (deceased) (aged) by this Change Order in the amount of $ 464.00 The new (Contract Sum) (6aafan{eed~-l~iee} including this Change Order will be x90.953.00 The Contract Time will be (iceeased) (~reaeQ) (unchanged) by zero (Q) days. The date of Substantial Completion as of the date of this Change Order therefore isMarch 31. 2002 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed ivlax:imum Price which have been authorized by Construction Change Directive for which the cost or time are in dispute as described in Subparagraph 7.3.8 of AIA Document A201. Not valid until signed by the Architect, Contractor and Owner. 9 2 e American Institute o Arc itects. epro uction o t e mater~a ere~n or su stantia quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: co-04.aia -- 5!3!2002. AIA License Number 1133881, which expires on 228/2003. OWNER a ARCHITECT CONTRACTOR X FIELD OTHER AUTHENTICATION Of THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ~~ ,~ i'~,~ y~ © 2000 AIA® AIA DOCUMENT G701-2000 CHANGE ORDER The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 as Agenda Information Memo June 4, 2002, Eagan City Council J. APPROVE A RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS~ AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT ACTION TO BE CONSIDERED: Approve a Resolution Relating to Local Government Information Systems (LOGIS); Authorizing the Execution and Delivery of Second Amendment to the Joint and Cooperative Agreement FACTS: • The City of Eagan is member of the Local Government Information Systems (LOGIS) Consortium through which certain data processing and information technologies services are provided. • In addition to providing data processing and information technologies services LOGIS as a service to a number of cities began in 1988 to administer a group health and medical insurance plan (Plan) for members who chose to participate. • LOGIS's legal counsel has advised that the Agreement should be modified to clarify LOGIS's authority to conduct and administer the Plan. • Although Eagan has not participated in the Plan, it is necessary for all members of the consortium to approve the amendment as the Joint Powers Agreement can be amended only by a unanunous action of the members. ATTACHMENTS: • Enclosed on pages ,~~ through ~ is a copy of the resolution. 33 RESOLUTION NO. A resolution relating to local government information systems; authorizing the execution and delivery of second amendment to the joint and cooperative agreement BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E A(p A N (City) as follows: Section 1. Background; findings. 1.01. The City is a party to the joint and cooperative agreement (Agreement) establishing an organization known as Local Government Information System (LOGIS). The Agreement is originally dated May 1, 1972, and has been amended by Amendment No. 1, adopted May 3, 1993. 1.02. In 1988, LOGIS established the LOGIS Health Care Group (Plan) to enable members of LOGIS to participate in a program of cooperatively providing group health, life, accident and other insurance and personnel benefits for the officers and employees of the members of the Plan and LOGIS itself. LOGIS has continuously operated and administered the Plan since its inception. 1.03. The Board of Directors of LOGIS has been advised by legal counsel that it is necessary and desirable that the Agreement be amended to clearly authorize the Plan and the participation in the Plan by members of LOGIS. 1.04. There has been presented to this Council a form of Amendment No. 2 to the Agreement (Amendment). The Amendment is on file with the City Clerk, and is attached as Exhibit A. 1.05. It is found and determined that it is in the best interests of the City that the Agreement be amended as proposed in the Amendment. DJK-209993v1 LG100-16 3 ~i Sec. 2. Approval and Authorization: Ratification. 2.01. The form of the Amendment is approved. 2.02. The City Clerk is authorized and directed to deliver the Amendment in the manner provided for in the Agreement. 2.03. All actions, if any, of the City, the City Council, and the officers and employees of the Ciry in participating in the Plan, aze ratified and confirmed. Mayor ATTEST: City Clerk Dated: .2002. Filed in the Office of the City Manager of the City of Brooklyn Center, this day of 2002. DJK-209993v1 LG100-16 2 3S EXHIBIT A SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS, Originally Dated May 1,1972, As amended By Amendment No. 1, Adopted May 3,1993 Section 1. Article I, General Furpose, of the Joint and Cooperative Agreement, Local Government Information Systems, as amended, (Agreement) is amended to read as follows: I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for ~ the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others and (ii) group health, life, accident, and other insurance and personnel benefits for the officers and employees of the parties and the organization. Sec. 2. The terms of this amendment are effective as of April 1, 2002. This amendment is effective on the date of its execution and delivery by all of the members of the organization in accordance with the Agreement. DJK-209993v1 LGI00-16 A-I 36 AGENDA INFORMATION June 4, 2002 CONSENT AGENDA: ITEM K: AMUSEMENT DEVICE LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2002 Amusement Device License renewals for the following: Starks Saloon Grand Slam Cedarvale Bowl Pizza Hut FACTS: • The applications have been reviewed by staff and deemed acceptable. 37 Agenda Information Memo June 4, 2002 L. APPROVE ON-SALE LIOUOR AND SUNDAY LICENSE FOR SID EAGAN. LLC. ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for SID Eagan, LLC, dba Sidney's Restaurant, 3330 Pilot Knob Road. FACTS: • SID Eagan, LLC has applied for an on-sale and Sunday liquor license with the City of Eagan. The officers of the corporation aze Kenneth Plunkett, President; Daniel Peterson, Vice President; Robert Keifer, Secretary and Allen Reid, Treasurer. • The applicant plans on purchasing the existing Sidney's Restaurant, located at 3330 Pilot Knob Road, from Sidney's of Eagan, Inc. • SID Eagan, LLC has submitted the required documents. They have been reviewed and deemed in order by City staff. • The Police Department has conducted an investigation on the principals and do not find any reason to deny the applicant the on-sale liquor and Sunday license. ATTACHMENTS: • Application enclosed without page number. 38 AGENDA INFORMATION June 4, 2002 CONSENT AGENDA: ITEM M: REVISED SPECIAL CITY COUNCIL MEETING DATE ACTION TO BE CONSIDERED: Approve Revised Special City Council Meeting Date of Tuesday, June 25 instead of June 11, 2002. FACTS: The Dakota County International Trade Committee is hosting a 21 member Chinese Sister City Delegation June 10 -13. Among the activities are an American Country-Western experience at Diamond T Ranch on June 11th. The Dakota County International Trade Committee is asking that Mayor Awada and members of the City Council attend. Official action is required to change the special meeting date. 39 Agenda Information Memo June 4, 2002 N. CONTRACT 02-08, KENNERICK ADDITION STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Reject all bids for Contract 02-08 (Kennerick Addition - Storm Sewer Improvements) and delay the construction of the improvements unti12003. FACTS: • On September 15, 2000, city staff received a petition signed by Brad Swenson, developer of the Kennerick Addition, and Eileen Kennedy, 1415 Lone Oak Road, requesting the installation of a storm sewer outlet for Pond HDP-1 on the north side of Lone Oak Road (County Road 26), west of Pilot Knob Road (County Road 31). • The construction of this storm sewer outlet was a condition of the subdivision of the Kennerick Addition approved by the Council on December 4, 2000. It will address the drainage from the proposed single-family development and the existing homes along Lone Oak Lane, as well as provide flood protection for the existing homes. • On June 6, 2001, a public hearing was held for this petitioned improvement and Project 806 was subsequently approved. • On May 7, 2002, the City Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 02-08. • At 10:30 a.m. on May 30, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for their accuracy on unit price extension and summations and for compliance to the bid specifications documents, and represented as such in the enclosed bid summary. ISSUES: • Acquisition of new easements is required for the construction of the proposed improvements. Staff has communicated with all affected property owners and is actively pursuing easement acquisition. At the writing of the agenda report, not all easements had been acquired. • State Statutes require that the City enter into a contract within 12 months of approving a public improvement. This time frame expires on June 6. It is not advisable that the City enter into a contract without all the necessary easements acquired allowing the contractor to proceed. • If all easements are not available, the bids should be rejected and a new public hearing will have to be held at a future date. With the rejection of the bids, staff will continue the efforts to acquire all necessary easements, including the acquisition through the Eminent Domain process as authorized by previous Council action. Staff will provide an update to the Council at the June 4 meeting for their consideration of awarding the contract if it is in order to do so. • The low bid was in excess of 30% above both the Engineer's Estimate and the Feasibility Report. The increase is attributed to design changes resulting from City staff s discussions with the impacted property owners and the timing of the bid opening. ATTACHMENTS: • Bid Recommendation, page ,~ ~f 0 ` ,a ~~k~ S :f . ~. 1 ~~ y city of ~ac~en KENNERICK ADDITION PROJECT N0.806 EAGAN, MINNESOTA CITY CONTRACT N0.02-08 BONESTROO FILE N0.49-00-111 Bid Date: Thursday, May 30, 2002 Bid Time: 10:30 a.m. Contractor 1) Barbarossa & Sons, Inc. 2) Burschville Construction, Inc. 3) Landwehr Construction, Inc. 4) Ceres Environmental Services, Inc 5) G L Contracting, Inc. Base Bid $236,002.00 $285,037.00 $309,007.15 $312,981.60 $347,651.22 Alternate #1 $136,960.00 $139,100.00 $75,007.00 $749,000.00 $121,980.00 Low Preliminary % Engineer's Base Bid Resort Deviation Estimate Deviation Kennerick Addition - $236,002.00 $175,000 +34.9% $180,750 +30.6% Project No. 806 Alternate #1 $136,960.00 N/A N/A $133,750 +2.4% 4/ Agenda Information Memo June 4, 2002 O. CONTRACT 02-13, EVERGREEN PARK PONDS BP-15 & BP-16~ JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Continue the award for Contract 02-13 (Evergreen Park/Ponds BP-15 and BP-16 -July 2000 Storm Mitigation Improvements Area #5 to the June 18, 2002, regular City Council meeting. FACTS: • Contract 02-13 provides storm water drainage system mitigation improvements in the area affected by the July 2000 Superstorm in and around Evergreen Park/Ponds BP-15 & BP-16 (Area #5 -Project 831), as outlined and discussed in the Preliminary Design Report (April 2001). • On April 27, 2001, the City Council held a Public Meeting and presented the Preliminary Design Report for the above-referenced project. At the Public Meeting, the Council approved this project and authorized the preparation of detailed plans and specifications. • On July 5, 2001, the Council approved the plans for this and other projects under Contract 01-14 and authorized the advertisement for competitive bids. • On September 4, 2001, Contract 01-14 (July 2000 Storm Mitigation Improvements -Misc. Areas # 1, 4, 5 & 10) was awarded to Lametti & Sons, Inc. The contract award did not include Project 831 due to the lack of all necessary easements. • On May 21, 2002, the Council received the bids for Contract 02-13 and continued the award of bid to the June 4 regular Council meeting with the expectation of having all of the necessary easements by this date. • A portion of the work within Contract 02-13 for the Evergreen Park Pond includes pond excavation onto the Thomas Lake Elementary School property. Independent School District No. (ISD) 196 staff have reviewed and concur with the plans as bid. The staff' s recommendations have been forwarded to the school board for the board's action. ISSUES: • Acquisition of new easements from ISD 196 is required for the construction of the proposed improvements. ISD staff had thought the easement acquisition could occur administratively with the school board's confirmation. It has been determined that the school board's formal approval will be required for the necessary easements. It is expected that the board's approval of the easements will occur at the June 10 school board meeting. yz Agenda Information Memo June 4, 2002 Eagan City Council Meeting P. PROJECT 782.OLD SIBLEY MEMORIAL HWY (STREET IMPROVEMENTS) ACTION TO BE CONSIDERED: Approve the settlement agreement regarding final assessments under Project 782 (Old Sibley Memorial Hwy =Street Improvements) for the Preusse Additions, and authorize the Mayor and /City Clerk to execute all related documents. FACTS: Project 782 provided for the reconstruction of Old Sibley Memorial Hwy in 2000. Subsequent to the adoption of the Final Assessment Roll at the Final Assessment Hearing held on April 17, 2001 a formal appeal was filed with the District Court. As a result of this litigation, a settlement agreement has been drafted acceptable to the property owners, Public Works Department and City Attorney's office. This agreement is being presented to the Council for consideration of final approval. ISSUES: • If the Council wishes to discuss any issues regarding this agreement or project, this item should be pulled from the Consent Agenda and discussed in a closed session due to its active litigation status. ATTACHMENTS: • Proposed settlement agreement forwarded to the Council under confidential cover. y.~ Agenda Information Memo June 4, 2002 Q. PROJECT 806, KENNERICK ADDITION STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 806 (Kennerick Addition -Storm Sewer Improvements) with the owner of Parcel 10-88800-110-00 (Portion of Lot 11 Zehnder Acres) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 806 provides for the construction of a storm sewer outlet for Pond HDP-1 to serve the proposed single-family development of the Kennerick Addition and additional adjacent properties as outlined and discussed in the feasibility report. • On June 5, 2001, the City Council approved Project 806, including the acquisition of all necessary easements. • The pond improvements associated with Pond HDP-1 and installation of the storm sewer outlet 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 $259.00. Staff has suggested an offer in this amount to the property owner. The property owner's representative has consented to this offer. • An agreement between the City of Eagan and the owner of Parcel 10-88800-110-00 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. 5~~ Agenda Information Memo June 4, 2002 Eagan City Council Meeting R 5 YEAR CAPITAL IMPROVEMENT PROGRAM (2003-2007) ACTION TO BE CONSIDERED: Approve the 5-year Capital Improvement Program (CIP) for 2003-2007, Part III (Public Works Infrastructure) and authorize the implementation of the public improvement process for the 2003 program. FACTS: Every year, the City Council reviews and adopts a 5-year Capital Improvement Program (CIP). This consists of General Government Facilities (Part I), Major Equipment (Part II) and Public Infrastructure (Part III). Typically, this review occurs in the spring of the preceding year to allow the necessary advanced planning, funding applications, right of way acquisition, inter-agency agreement processing, etc. On May 14, the City Council reviewed a draft of the proposed 5 year CIP- Part III (Public Works Infrastructure) for 2003- 2007. The Council discussed numerous aspects of this draft and provided direction regarding the programming of various projects. These revisions have been incorporated into the Final CIP that is now being presented to the Council for formal adoption. ISSUES: • If the Council would like to discuss any aspect of the CIP or have staff provide a presentation, this item should be removed from the Consent agenda and placed later on the agenda. ATTACHMENTS: ~~/L • Summary Memo, pages 7 y through ~. • Revised Draft CIP (3 ring binder) forwarded under separate cover. 45 MEMO r„_ city of eogan TO: MAYOR & CITY COUNCII. THOMAS L HEDGES, CITY ADMIlVI5TRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MAY 30, 2002 SUBJECT: 5-YEAR CIP (2003-2007) The Public Works Department prepared and presented a draft S-Year CIP (2003-2007), for Part III (Public Works Infrastructure) to the City Council for their consideration at a workshop meeting held on May 14, 2002. As a result of that workshop review, the following is a summary of the changes to that eazlier Draft. These changes have been incorporated into the Final CIP now being prescnted to the Council for their consideration for formal adoption: STREETSlHIGHWAYS/TRAILS A. Collectors & Arterials C. Trails • Johnnv Cake Ridla~e Road (Cliff Rd. to Apple. Valleyl - In the Draft CIP, Johnny Cake Ridge Road from Cliff Rd. to Apple Valley was programmed in 2004 for a change in lane designation from its current 4-lane to a 3-lane roadway (Similaz to Wescott Rd. with center turn lanes and safety shoulders). The consensus of the Council was to remove this from the 5-yeaz CIP due to lack of demonstrated need and support. • Northwood Parkway (Pilot Knob Rd. to Denmark Ave.l - In the Draft CII', this segment of the Ring Road over 35E was programmed for 2003. However, due to the need to fiscally balance the overall CIP, the Council agreed to remove this $4 million improvement from the 5-year CIP and directed staff to pursue potential funding opportunities for reconsideration and possible reprogramming in a future CIP. • Northwood Pazkwav (Pilot Knob Rd. to Denmark Ave.l -This trail segment was also deleted from the CIP due to the removal of the related street and overpass improvement addressed above. FINANCIAL ANALYSIS As a result of these revisions, the financial impact of this 5-yeaz CIP has been improved. The Draft CIP projected a deficit in the Major Street Fund of $2,282,000 at the end of 2007. The Final CIP being presented to the Council now shows a balance of $2,317,000 at the end of 2007. a revised Pro Forn~a and Financing Plan is attached for this CIP 46 CIP, page 2 May 30, 2002 There were no other revisions to the draft CIP as directed by the Council. These revisions have been incorporated into the Final CIP (Part III) notebook being redistributed to the City Council for consideration of formal adoption on June 4. if any Council member has any question regarding this document, please let me know and I will be prepazed to address them. Respectfully submitted, Thomas A. Colbert, P.E. Attachment: Revised Pro Forma and Financing Plan Revised 5-Yeaz CIP (2003-2007) C: Russ Matthys, City Engineer Arnie Erhart, Superintendent of 5treets/Equipment Wayne Schwarz, Superintendent of Utilities Tom Struve, Public Works Coordinator G:TAC/CIP'03-07/Rev memo ~~ N V r V Q 0 a L 0 N G .~ C .~i" ~ N O p t D o.. ~~ ~~ C C N ~ ~ Y'! ~C ~ ~ W ~~ I I ~ aD ~ Ip M pl ~ ~ c ~- a eo ~ Os N ~ W ~ ~ ~ spy m ~ ~ ~ ~ 1!'f If! ~ A vv r lVMN m ~ G O O ~ O~ ~ ~ ~ A ~ ~p to N ~ e- N v~~ .vv~ . N t C ~ 2 ~ ^ ~ o ~^! a~avo~ ~ C ~ , ~ A ~` ~e ~ i y ~~ ~ ~ ~ ~~~ ~ ~ ~~~ ~ f {~ er ~ IA ~ v r !h r Y'! M N ~ ~ ~ ~LL ~ ~ a ~ ' ~ ~o~ ~ ~ et Of cC N O .+ ~ eh A ~ ~ ~ ~ ~ W ~~ _~ ~ ~ Q m~~~~~ ~ ~ vvvvN ~ r v ~~g~~R~ g W (.. r .-. ~ ~ ~ Y 7N+ v ~ .~ ~ E ~~ci g S C W y W m U '~ ~ "~"~ W LL Lit Vl ~, y N 0 3 m 8 r v ~~ F,: O~i~NCDNC0~1Ae~700K O , If)~~~~0~ O , W ~--~ ONNO~OpD~~~AppONf~N 1~l~1 e~~p!~~ t0~~0 1~f OOaDNIe~W O~p00^W~ leery OwNN~C'~~tl~N e0+~ ti M .- .N- iO ~ M ~ t0 N N c~ 5~ 5~ M a O~O"'"'~ G N 1` NN1I C O W e'~ N t0 N O N to 01 N Q1 st N NN 1A M ~A N of .- i'~ N ~ ~O r w a N ~" ~ •~ N N N N V C ~I 1Q G CD In O G OI ~ N O O W N C ~~~ ~ ~ ~ ~ ~~ ~ ~ 69 N N N C ~ ~~~~5~ ~ ~ °° ~ ~~ ~ ~ ~ ~ w, N N N g g g w ~ ~N ~t[70~1tA0 ~O ~ CD~Npp ~~pp ~A~lfpp ~ N NCf r-OI~l~tp~ f~l!!~O !~ ~O p~~~iA O O M IA f~ l~ ~ M~ ~ w M ~- 1~ ~A tp N N t~! ~ r- ~• ~ •- M ~ 1~ r 1~ r M 1~ r N N fA N ~ Q~m~~~~~o~S~~~~Q ~o ~~~8~~~ NI~Opt'ot[~QMi ~'~T W S+riN M NpGNG COpN~C1u~ N i~ to O~ ~ N ~ N O N N Y'w CO Of ~ N i!! 'A lV CV !~ ~ N N A N N N N C ~ ENO ' QO ' ~ ' O ' fp CD~O~t"'D~00 ' ~ N ~O>titi ~O lr! $ ~ M~~O~K Cs O K • err !~ IA N ~ W ~~QtpO~ g A W ~ ~~~ O I[f ~ ~ Cf ~ON<O~W"D'~M 1ff ~ N N ~ O O M to N N N ~ CC O `~° o c W ~ m ~a. ~ ~~~ ~ ~ ~ ~ ~ cti 2 c ~g ~ ~2~2ca Cy~g~x c (A v1 ~ ~ c~~~~'icncn~3rncnv~v~ ~.. ti~~cnSc~3cnc7N- ~ 49 Agenda Information Memo June 4, 2002 CONSENT AGENDA: S. DECLARE OBSOLETE OFFICE FURNITURE AS SURPLUS PROPERTY AND APPROVE DISPOSAL AS A DONATION ACTION TO BE CONSIDERED: To declare obsolete office furniture as surplus property and approve the donation of the furniture to anon-profit entity. FACTS: • The City began setting aside CIP funds in order to complete the remodeling and furnishing of offices that were not completed when City Hall was remodeled in 1995. • A total of 12 offices are in the process of receiving new office furniture. • Office furniture was available at the May 18 City auction, and it was found that the furniture generated little interest. • Donation of the office furniture is a less expensive alternative to the storage and/or payment for the removal of the furniture. • Owobopte has expressed their interest in obtaining the aforementioned office furniture. ATTACHMENTS: Attached without page number is a list of the office furniture to be declared surplus. X3'0 Agenda Information Memo June 4, 2002 Eagan City Council Meeting T. AUTHORIZE COMMUNITY-WIDE SURVEY ACTION TO BE CONSIDERED: To approve an outside firm to prepare acommunity-wide survey. FACTS: • As a part of the 2002 Communications Budget, a dollar amount not to exceed $20,000 was budgeted for acity-wide survey. It has been the city's past practice to do a city survey approximately every five (5) years. The last city-wide survey was conducted in 1996. • At the May 14 Special City Council meeting, a motion was approved to: I) prepare survey objectives and topics to be addressed; 2) obtain price quotations from reputable businesses that are accustomed to doing community-wide surveys and also get price quotations for a single issue survey; 3) direct staff to bring the sample survey to the Council as soon as possible, preferably in June; and 4) a friendly amendment to direct staff to speak to local government survey providers and ask the providers to meet with the City Council before deciding on how the Council wishes to proceed with the survey. • A meeting was scheduled with Decision Resources on Wednesday, May 29 and City Councilmembers Carlson and Tilley joined staff consisting of Director of Communications Garrison, Director of Pazks & Recreation Vraa and City Administrator Hedges. Decision Resources' representative Pete Leatherman was asked a number of questions related to timing, cost, and survey methodology (many of the same questions posed by the Council at the May 14 meeting). In addition to City Council representatives and staff, there were two (2) members of the public, Lauren Florine and John Ward present at the meeting. • It was agreed that staff would attempt to interview at least one additional survey provider before Tuesday in addition to the meeting with Decision Resources. Any updated information will be provided with the Additional Information Memo on Monday pertaining to a meeting with another prospective survey vendor. • There was agreement that the survey should be a city-wide survey that includes a core of approximately fifty questions addressing city services and general quality of life. Other survey topics include a special grouping of questions regarding the S/ need for additional open space and questions touching on communication issues, parks and recreation, public safety, city services and customer service, and tax issues. The cost of the survey by Decision Resources for approximately 80-120 questions is in the range of $12,000-$13,000. The survey sample selected by staff and DR recommended a survey sample of 400 residents with +/- 5 percent accuracy. This was agreed to by staff and the Council representation. In keeping with the May 14 direction and motion, the client or the City of Eagan has in essence picked the topics for the community-wide survey and the selected survey vendor will write the survey questions. City Council representatives and staff felt that as directed by the City Council at the May 14 meeting, that acommunity-wide survey including questions about open space was the best choice of a survey as opposed to having a separate special issue survey for open space and then later acommunity-wide survey. According to the representative from Decision Resources, he is very confident, based on his own experience, that the questions regarding open space will not be diluted in a community-wide survey and that other reliable information can be gained to help assist future decision making in other area. If Council is comfortable with the overall topical areas, staff is confident survey results could be obtain by early August. SPECIAL NOTE: There will be additional information from Decision Resources and a proposal from another vendor as part of the Additional Information packet on Monday. ~~ Agenda Information Memo June 4, 2002 Eagan City Council Meeting U. APPOINT REPRESENTATIVES TO THE CEDAR AVENUE CORRIDOR TRANSITWAY STUDY COMMITTEES ACTION TO BE CONSIDERED: To appoint City representatives to the Cedar Avenue Transitway Study Management Committee and Technical Advisory Committee. FACTS: • The City has received a request from the Dakota County Regional Railroad Authority to participate in Phase II of the Cedar Avenue Corridor Transitway Study. • Phase I of the study has been completed. Phase II will include a scoping study leading to environmental work, feasibility studies for extending the transitway, alternative analysis, and a short range transit improvements study. • The Management Committee will meet on a quarterly basis, while the Technical Advisory Committee will meet on a monthly basis. Meetings are anticipated to begin in late June or early July. The study is anticipated to last 18 months. • Based on the nature of each committee's work, staff suggests that Director of Public Works Colbert be appointed to the Technical Committee and that Senior Planner Ridley be appointed as the alternate. The Management Committee represenative would appropriately be filled by a Council Member, with City Administrator Hedges the designated alternate. ATTACHMENT: • A copy of the request for appointments is attached on pages through ~~ S3 Thank you for your thoughtful consideration of this request. I am looking forward W this exciting and meaningful study of the next generation of transit services for people in the corridor. If you have any questions, please call me or Genc Franchett at 952.891-7035. Sincerely, Will (Willis) Brantung Chair, Dakota County Regional Railroad Authority t:C: Commissioners Lezlie Vt~million Nacho Diaz Brandt Richardson Susan Hoyt Mark TCrebsbach Lynn Moratzka Kristine Elwood Gene Franchett ss 7 'a ac~5 ~ori ~~~~~~ n~a s~u~ x1,Ri~Q~ _.:~~~~ ~~c5~1 zoos ~~.. ,: ~ ~1 ~ r t'/ Jr ~ .c._ F1bffL'-~~Q rkh a4~' March 26, 2002 Mayor Patricia E. Awada Ciry of Eagan City Hall 3830 Pitot Knob Road Eagan, MN 55122 Re; Cedar Avenue Transitway Corridor Study Dear Mayor Awada: The Phase 1 feasibility study has ban successfully completed. The State Legislature has appropriated an additional $500,000 and the Metropolitan Council has directed $400,000 to pursue the Phase 2, which will include a scoping study leading to environmental work, feasibility studies of extending the transitway south to County Road 70 in Lakeville and southwest along I.35E/I-35 to County Road 46, alternatives analysis, and a short range transit improvements study. At this time we are requesting the City to appointment a member to the Cedar Avenue'fransitway Study Management Committee and a member to the Technical Advisory Committee. This is an opportunity for the City to continue to participate and inftttenee the outcome of the study for a transitway in the Corridor. The Management Committee will meet quarterly to provide oversight and guidance to the staff and consultant project team. The member should be a policy member such as yourself or a Councilperson, with an alternate such as the City Administrator or the Director of Public Works. The Management Committee Membership will consist of one policy representative fromeach general purpose unit of government and aganey in the corridor. Lt is expected that members will be from the cities of Eagan. Apple Valley, Burns~illc, Lakeville, Bloomington, counties of Hennepin and Dakota, and agencies MnDOT, Metro Council, and MVTA. The study is expected to last about 18 months. The Technical Advisory Committee member and alternate should bo an cnvineer or planner such as the Director of Public Works or Community Development Director. The Technical Advisory Committee is expxted to meet monthly co pmvide professional perspecavc and advice on the work of the consultant and staff project team. Membership will consist of ono member from each unit of government and governmental avency in [he corridor area. We are anxious to get the study underway as soon as possible. As a first itcrn of businexs we would like to have the participation of the Management Committee as part of the selection process. The appointment to the Management Committee by Apri115 or sooner would be appreciated. S i 'd 8G~5 'ON NIi~IQd A8Q SI~Iid A1I~~0~ d1.Oh~Q NIdLS ~ j ZOOG '? ; 'A.''ei Agenda Information Memo June 4, 2002, Eagan City Council Meeting IV. PUBLIC HEARINGS A. VARIANCE -THOMAS THRESS (3550 WIDGEON WAIF ACTION TO BE CONSIDERED: To approve a five (5) foot Variance from the required 10 foot side yard setback for the construction of a living space addition to an existing single family dwelling on property located at 3435 Widgeon Way (Lot 29, Block 1, Duckwood Estates) in the NE'/4 of Section 15. FACTS: • The applicant would like to construct a 18 foot by 22 foot (396 square feet) kitchen and family room addition (four season porch) to the rear of an existing single family dwelling. • The addition is proposed to be 5 feet from the side property line. The Zoning Ordinance requires a 10 foot setback for living space. • The proposal appears to blend with the style of the home. • The applicant contends that the house placement and orientation created the hardship. Furthermore, the addition cannot be placed in another location because it would be cost prohibitive. • In 1993, a 5 foot side yard setback Variance was granted to the property to the north for the construction of a living space addition. ISSUE: • The condition upon which the Variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. ATTACHMENT (1): Planning staff report, pages ~ through S6 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 31, 2002 APPLICANT: Thomas Thress PROPERTY OWNER: Same CASE: 15-VA-06-OS-02 HEARING DATE: June 4, 2002 PREPARED BY: Cynthia R. Kirchoff REQUEST: Variance LOCATION: 3550 East Widgeon Way (Lot 29, Block 1, Duckwood Estates) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Thomas Thress is requesting a five (5) foot Variance from the required 10 foot side yard setback for the construction of a living space addition on property located at 3550 East Widgeon Way (Lot 29, Block 1, Duckwood Estates) in the NE'/a of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 57 Planning Report -Thress Variance May 31, 2002 Page 2 CODE REQUIREMENTS City Code Section 11.20, Subd. 6, A, requires a 10 foot side yard setback for the dwelling unit on property zoned R-1. BACKGROUND/HISTORY The subject site was platted with Duckwood Estates in 1978 and is a riparian lot that abuts O'Leary Lake. In 1984, the single family home with attached garage was constructed on the site. The existing single family dwelling maintains a nonconforming 27 foot front yard setback. The City does not have record of a Variance being granted for property. EVALUATION OF REQUEST Proposal - The applicant is requesting a five (5) foot setback Variance to allow for the construction of a 396 square foot (18 feet by 22 feet) living space addition to an existing single family dwelling on property zoned R-1 (Residential Single Family). The proposed addition, which has the appearance of a four season porch, is for a kitchen and family room expansion and is located behind the existing garage. The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. The Zoning Ordinance requires a 10 foot setback for dwellings from a side property line. The proposed building setback is 5 feet. The proposed addition appears to meet the minimum required 50 foot setback from the ordinary high water level (OHWL) of O'Leary Lake. According to the survey, the existing single family dwelling is 27 feet from the front property line abutting Widgeon Way, 10 feet from the north property line, 40 foot setback from the south property line, and approximately 45 feet from the OHWL level of O'Leary Lake. The proposed addition will not expand the nonconforming front yazd setback. Variance Criteria - The Zoning Ordinance states that relief maybe granted from a required provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief maybe granted provided that there aze special conditions that apply to the pazcel in question. The gross area of the subject site is 31,755 square feet. Approximately one-half of the property is below the OHWL of O'Leary Lake. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are ss~ ..;. w ._,.. ,~ ~ _ ~ ~ _ . ~ _ _ _ ...a Planning Report -Thress Variance May 31, 2002 Page 3 present on the property. Although the existing home complies with the minimum side yard setback, its placement and orientation created the difficulty for the proposed addition. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but maybe inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce this minimum requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a living space addition. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as those within 200 feet and would have the same opportunity to construct a single family home with two-stall garage without relief from the Zoning Ordinance. In 1993, the City granted a five (5) foot Variance from the required 10 foot side yard setback for the construction of a living space addition at 3546 Widgeon Way. This property is located just to the north of the subject site. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates that the house was placed to close to the northern property line and created the difficulty. The proposed addition would square off the back of the house and save the applicant money in labor, materials, and construction time. The proposed kitchen cannot be moved to the south side of the house (where no Variance would be needed) because it would be cost prohibitive. SUMMARY/CONCLUSION The applicant is requesting a five (5) foot setback Variance for the construction of a living space addition. A single family dwelling with atwo-stall garage is present on the site. The applicant has indicated that the alleged hardship is the house placement, which does not allow for the expansion of the house on the north side without a Variance. The owner has a reasonable use of the property. The condition upon which the variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. However, a similar side yard setback Variance was granted to the property to the north. A determination regarding the appropriateness of relief from a Zoning Ordinance provision for the construction of the proposed addition is considered a policy matter to be determined by the City Council. 59 Planning Report -Thress Variance May 31, 2002• Page 4 ACTION TO BE CONSIDERED To approve a five (5) foot Variance from the required 10 foot side yard setback for the construction of a living space addition on property located at 3550 Widgeon Way (Lot 29, Block 1, Duckwood Estates) and in the NE'/< of Section 15. If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for an extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the living space addition shall match those on the principal structure. 3. The addition shall comply with all applicable Zoning Ordinance requirements. 60 a Eagsn dowtdrry Location Map , ., P~»N~tMln. suiiding FootOrlnt ~ ~ / ~ i ~ ~ F~ :~ ~ ~ I ~. J ~~ ~ ~ f ` ~ ~ ; ~~ _._., _-..,.....~....~,....~.e. ~_ ~i~ ~ ~- _ _~ ~ //~ I! ' ~° ,\~~ ~; I ~, ~ ~ '~ ~r~ ~ ~ ~ I 9~ ~ ti 7 ~ ~ ~ ~~ !% ~ 3 i ~~ II• ~~+y~ ~ ~. ~~ ` , ~ °^-:_"' e by i~ ~ ~ ~ , ~~ _ _ ~, ~ ~''' ' t ~ --~ ' ~ , j ~ I ? y :,-~~ s, .,........ ~:~ ~ ~ ~ ~ ; ; a > > ,~~~~ I } 4 i ~3 i ~ ~].'s ~+~ ."....~ ~ _~ ~' ~ - 4 J 1000 0 1000 2000 Feet Development/Developer: Thomas Thress Application: Variance ~ / Case No.: 15-VA-06-OS-02 Map Pnparea uainq ERSI Are View 7.7. Panel bese map aao proviCeO W Dawon County Lane Survey pepartnrm aM ~a curnnt» of March 3001. U' t City of Eagan TNIS MA- 13 INTENDED FOR REFERENCE USE ONLY v ,~ _ ~ ., TAB City o1 Ea9an and Dakota County do not yuarantaN t1N accuracy of thle Infortnatlon and arm ~ Cemrwewlty OwetePmaM o.P.nn.nt not responsible for enon or omleelons. ~~ W I~ b OQ ~3 bo Z ~ ~. 0 vm ~~ N Vlo v • \ ~ _Q elf ,~ O ~ o a1 Q ` ~ ~ \ ~ ~ c~ d ~ ~~ ~h d. ~- --- Q` ~ ~ 0 6- ~ M ~ w ~ Q~ - 0 7`. `S~ F ~J '1 l , \ ~ \ ~i 1 5' SETBACK ~~~ %°~ " .~ ~~ J ` J \~S~\ es4[ . a /6 c ... y~s:' PROPOSED ADDITION `.. "'y i's.+rv f .. rl •..., ti a ~ ,. .. ~ ~~ >il \ ~~ ~\\\ \ 0 ~ S <%~ S~ ^~• _ ~ 4 i ~ }~ ~ -r` ~~, ~ ~ ^'~ -L ,, -,. 0 ~o\ ~~ ~* 0 M r ;~ T . ~:.~ ~, . ~ `~ ~~~~ i z Y T ~.=~ -- ~. ,. ~~ T Y ~ a od:.8:- r _ 9 ; Y _ ' = 3 .i ~ n G +~J:. c V W Q U O Q ot5 W C G LL L G Lam' ,L ~- 2 i \ ~ :~ ~~ ~' ~3 c~ _ _ ~- ~~ :;;; \3 .1 5 r~ ._ _ ~ . {J x~ :~ V i ;c.". ~.. ~'~ <<: ~' ., ~~ o:. 6~ ~. _`.. SITE PLAN V aRIaYCE REQI'EST 3SS0 E. W'IDGEO~ ~~`~~' t am requesting this residential variance for the proposed addition of an expanded kitchen and family room to my home built in 198. This addition is needed to expand the kitchen and prop ide for more living and entertaining space. This proposed area was to be part of the original house: but. because of high interest rates and finances in the mid 80's, I needed to scale back the size ot'the house. Over time as income increases and life styles change this will be a most welcomed addition. I only have about 680 square feet on the main Ieve1 of this home. The other two levels contain bedrooms. I do not wish to move from the area as I have been a Dakota county resident for over 26 years, Eagan is my home. The VE corner of the proposed 480 square foot addition falls between the 5 and 10 toot set back requirements according to the lot survey. The actual square footage in question is less than 10°~0 of the project. The north wall slopes from 10 to 5 feet of my closest neighbor's lot line. This neighbor's, Dave and Cathy Sebastion, have no objections to this project. They feel it will improve the appearance of the back of my home which they see when they enter and leave their front door and drive way. The actual distance between the NE corner of my addition and the closest structure of their house, a deck, is 58 feet. Last year together we bought and share six large boulders which are on the lot line. There could be no impact to the other 18 lot owners within 200 feet of my property to these 4~ square feet fallinv within the 5 - 10 feet set back of the north lot line. As seen by this sun•ey, the lot is pie shaped and somewhat irregular, as are others within Duck-w~ood Estates. The house was built for some reason towards the north side of the lot, not more centrally (perhaps to same some trees which latter died) and is not parallel with the street. about half of this lot is actually in O'Leary Lake. This addition is designed to simply square off the back of the house and to make a complete rectangular building. These squared and flush walls save money for me in labor, materials and construction time. The roof trusses are easily aligned giving a vault closely matching the opposite side of the house. The addition as designed can be constructed without moving an upstairs egress bedroom window which would be necessary if the room was shortened from 21 to say 18 feet. I do not want to move the kitchen to the south side of the house because of the added expense which would be exorbitant. The appliances are in good working repair and will remain. No plumbing changes are needed other than adding a new, quieter dishwasher. The room will be heated with a gas fireplace which is furnace raced, and cooled with a wall airconditioner. Thank you for considering my variance request. I will be at the council meeting when you discuss my project sho_ uld you have any further questions. At the meeting I wilt have enlarged photos of the area for you to review if needed. Thomas Thress iVtav 03. 200? ~'3 NARRATIVE ..._. 2 ~ Q d ! ~ ,~i i~'_~ Ni ' '`'~ - ~' rV ~ W v , v ~ tL v) I ,'k ^, .. II ~ I { a ~;, ,. ; x I~ (--- - !rte Z~ i I ` .t ~ ~ J' ~ ~ i i ? j' L, t ~ ~ ~ • ~. ~ ~ ;: r . J I •~, , _ e v ~yj 1 v I I~ '^ f \ ~~ ~ ' ~ :I! ~ ~ ,, r e u~ 1 ;;oa 3 ~~~s~ ~ ~~ ~. ~ ~ ~o ~ _. q _ W lUl~ ~~ f ~ ~' ~` y v l .I ^ + ~ ~ . ~ 't n c f' ~ ' vl~ Lam- . ~ `~-••..._.~ _~ ~~~ ~~ h_. -_ -.-- -T ~ _ _ _.. , ~ F ~~ 3± J .. H ~`_ 4 ~ ~ .S .. ~ i M _ ~ ' C, 3 { n ti ~ x ~ t i i ~ ~ ~ : ~~~ W e ti ~ i ~ i w j WI ~ ~ ~ ~x ^` ~ i y 7 ~ ~ ~ ~ v M ~ V 2 ~ y , `1 n J ~ ~ ` ELEVATIONS - ~` ~ I '" ~ t i ~ " ~ .. '`' 'J ; f a :, i ~-.. ' ( '~ . -~ t ~ ., ,. •~ „ f-,, ~ , `~ c~; 9 V Q ti 1 ~ ' • ,V U Iw\ F l ~ ~ •\ E 11 ~~ u~ ~ ~ ,; ,. < ~ Y ~\ ~ ~ ~~ ~ n ~~ ~ ~ ~ L; L 14 or ~ e ~ F T,~I 1 ,v ~ i q c1I Z i' ~ `, b ~ r;//., • .. ., ~~ i ~ ~ , t .~ 4 y J ,~ .. ~ j ~ 'I J ~~ ~' , W i 3 G 1- ~ ~ i 1~ ``;~ ~ - ~ ~ { 1; ~ to ,~ ~ ~ ~ `~ _ I~,r(Y'1~ w ~ _0 _~ ~1. yYi~. - 4 ~J . 1- , 1 ~ ~ _ _ • v Yl 1 1`I 1 1 ~ ~~ b\. 1 ~n~~ ! Q v e~~~ __ ___.. - ~_ . __ ' I '/~ '! / ~ Y `7 lyY e~ ~ ~~6~ V.00 ~»~ e Ix '. ~ , . t' ~ ~ N 1 i ~ ~. I ~~, N v x ~~~ it S ~ ~l I \ r ~. ,yea ....• ~ ; N 17 ' I ` { '~ 1 M I ~ y I ~ • - 6 ~ ; 'a ,,. ;, .~ ,• i \ I`~1 ~• i ~ 11''1 , l..-... - '-- SEBASTIAN May 23, 2002 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 3546 WIDGEON WAY EAGAN • MINNESC]TA 551 23 (6511 452-6355 DCPESEBASTIAN~4 ATTBI.COM Subject: Variance Request -Thomas Thress -Case #15-VA-06-OS-02 City Council & Staff' We received official notice of the variance request filed by our neighbor, Tom Thress. We own the property immediately to the north. Practically speaking, we are the only people who are directly affected by the requested variance. In fact, we are probably the only people who will be able to see the proposed addition once completed. Tom has discussed the plans for the addition with us on a number of occasions. We think the plans make great sense. As our houses are a significant distance apart, the variance does not adversely affect us in any meaningful way. We have no objections to Tom's request for a variance and strongly encourage you to grant it to him. Reg ds, ~,/ ,~ l.,Cathleen A. Sebastian David T. Sebastian cc: T. Thress r.- ~~ ~ --" - n ~ ~ ,_ ',MAY 2 8 200? -~. ; x;111 66 Agenda Information Memo June 4, 2002 Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: • The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. • At the May 7 City Council meeting, a public hearing was scheduled for the June 4, 2002 City Council meeting. • The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $75 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. • The City currently has eight delinquent false alarm bills. The assessable amount of these bills is $1,932.50. These items are in order for certification to the County. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Proposed assessment roll, page 6~ Delinquent False Alarm Bills Pro a ID Outstandin Dollar Amount 10-22500-060-02 107.50 10-62725-005-02 107.50 10-22472-050-02 520.00 10-75925-060-01 107.50 10-22503-241-02 437.50 10-22502-271-03 3 5 5.00 10-22501-050-00 190.00 10-17780-020-01 107.50 $1,932.50 6S Agenda Information Memo June 4, 2002 Eagan City Council Meeting C. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: • The City Code allows for collection through certification of delinquent weed cutting bills, which are not paid. • At the May 7 City Council meeting, a public hearing was scheduled for the June 4, 2002 City Council meeting. • A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. • The City currently has five delinquent weed cutting bills. The assessable amount of these bills is $1061.17. These items are in order for certification to the County. • All notices have been published in the legal newspaper and sent to ail affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Proposed assessment roll, page 69 Delinquent Weed Cutting Bills Pro a ID Outstandin Dollar Amount 10-84351-020-O1 537.71 10-75850-010-01 133.79 10-16704-210-10 133.79 10-17402-140-02 127.94 10-16704-040-06 127.94 $1,061.17 ~o Agenda Information Memo June 4, 2002, Eagan City Council V. OLD BUSINESS A. CLARIFICATION OF SETBACKS (WOODSTONE TOWNHOMES) - TOLLEFSON DEVELOPMENT, INC. ACTION TO BE CONSIDERED: To clarify the minimum required building setbacks for the Woodstone Townhome development located north of Deerwood Drive across from Deerwood Elementary and Blackhawk Middle Schools. FACTS: • The City approved a Planned Development for Woodstone Townhomes in May 2001. The PD Agreement states "setbacks shall be not less than shown on the approved site plan." • There has been some difference in how staff has applied the setbacks to individual building permits, and how the developer interpreted the setback requirements. • The site plan was reviewed against typical setbacks for an R-2 or R-3 development. The minimum perimeter site setback is typically 30 feet. • Several of the buildings shown on the Woodstone site plan were shown with a rear yard setback of 40 feet from the perimeter of the development site. • In reviewing individual building permits, staff has applied a 40-foot minimum setback to the main structure. Decks have been allowed to project from the rear of the buildings up to the platted lot lines. • The approved site plan showed a few setback deviations, which were primarily in front yards for side-loaded garages. The reference in the PD Agreement to setbacks not being less than shown on the approved site plan was an acknowledgement of the acceptability of those identified setback deviations. • The developer states the 40-foot setbacks shown on the site plan were intended to be only illustrative. Further, the developer states that while their intent was to show that the proposed buildings could fit within the platted lot lines, they expected to have flexibility to build within the lot itself. • The developer states that the platted lot lines are 30 feet from the perimeter of the site, and if allowed to build up to the platted lot line, the structures would still satisfy the typical 30-foot structure setback. ISSUES: • Staff's concern with reducing the rear setbacks to less than shown on the site plan would not be consistent with the expectations of the Council or of neighbors who were presented with a plan showing 30-foot setbacks. However, allowing structures to be built up to the platted lot line would be consistent with how setbacks have been handled in sinvlar developments in the City, and a 30-foot setback would be consistent with typical code standards. ATTACHMENTS (2): Letter from Tollefson Development, pages ~ through Woodstone Townhomes Site Plan, page ~i May 06, 2002 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Woodstone Townhomes Dear Mayor Awada and City Council- Tollefson Development and MW Johnson Homes are requesting a clarification of setbacks for the Woodstone Townhome project located offofDeerwood Dr. This project was approved as a planned development in May, 2002. There has been confusion between what we the developer and builder interpreted was approved and what City staff interpreted was approved. The site plan that was submitted illustrated three building types that would be built in the development. It was the intent of this site plan that any of the three units could be built on any of the building pads, as long as grade issues, tree issues, wetland issues, and minimum setbacks were addressed. The purpose of this was to create a neighborhood with a variety of housing types adding character and value to the neighborhood. The main confusion has been with the rear setbacks and building footprints placed on the site plan. The rear setbacks that were place on the site plan were illustrative building setbacks and not proposed building setbacks as demonstrated by the nonuniform setbacks of 40.1 ft, 43 ft, 70 ft, etc. The zoning ordinance allows rear-building setbacks of 30 ft form the rear property line, which is where the platted lot lines for the development were placed. City staff has interpreted the setbacks on the site plan to be the approved setbacks. This severely limits which units can be place on which lots. We are requesting that a uniform 30 ft rear setback is allowed in this development as is allowed by the City's zoning ordinance, except along Deerwood Dr. This will allow the variety of approved building types to be constructed in the development. Without this, only one building type fits on most of the lots. The buildings themselves will still be within the platted lots. In most cases, the buildings will only be 2-S ft over the "illustrative" setbacks shown on the approved site plan. A drawing is enclosed illustrating the setbacks for the largest units, which were approved for this project. This is the requested setback. ~a 17271 i<enyon Ave., Suite #103 • Lakevile, MN 55044 • Phone (952) 435-1010 • FAX (952) 435-1020 Email - infoCtollefsondevelopment.com _ www.tollefsondevelapment.com __ _ Developers ^ Land Investment ^ Property Managers Please let me know what other information I can provide. Tollefson Development and MW Johnson look forward to working with the City of Eagan on developing this high quality neighborhood in the City. Thank you for your consideration. 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F ~ ' o ~s I /:• 4 i I I IIII I II I ;;, IIII ;.: II j~• IIII I II I °g, ~ i I I IIII : ,;: II IIII j II I" / I ~~g / I I I IIII ;;i II .: I~ IIII j ~ ~ II I ;•; IIII II I I ~ ~ I I I Ii II -`,~ IIII ~ II I i ; I IIII i II iii ~ I j j i I 1111 II iii ~ a I I! i i i i i o I I t t IIII u r ~ o ;I ~ I j ' U ~ it i m I ~ o ~ ;; ! ~~ o I ._ . ~ :~ I ~ II j ii I II I 4 xd ~u I w. I II ; ,~ , II L2 I II I 11 1 1 .. •...~~~I I I ~~$ i _..._... .. 11 it I 1111 n j n 1 + ' 1 ~ .._ °1 11 11 I I ` 11 I ~ I I-1 ~ ------- 1\ 11 -,~-Ia1 \ i ~ "' 1 ' , I \1 \\ I -1-I ~~/ 0 `I 1\1 \~ I__-_f 11 y ~~ Agenda Information Memo June 4, 2002, Eagan City Council VII. NEW BUSINESS A. CONDITIONAL USE PERMIT -PORTFOLIO DESIGN (FOR BEST BRANDS) ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow outdoor storage ofsemi-trailers and materials on property located at 1765 Yankee Doodle Road in the SE '/o of Section 8, subject to the conditions listed in the APC meeting minutes. FACTS: • The site is located west of Hwy. 13 at Yankee Doodle Road. • The facility was established in 1976, and has expanded several times since then. • The outdoor storage of trailers is proposed in two locations -northwest of the building and east of the building. Material storage would be located east of the building and used only occasionally as operations require. • Each of the storage areas is proposed to store up to 60 trailers. The east storage area would be longer-term trailer storage, while the area north of the building is for more transient storage and staging for trailers that come and go during the week. • Aclimate-controlled cargo trailer is currently stored east of the building on a concrete pad and that is proposed to remain. Several other trailers that have been attached to the east side of the building are required to be removed by September 1, 2002. • A berm and landscape screening will be added along Yankee Doodle Road. • Because another building expansion eastward is anticipated in the future, the applicant proposes to retain the existing Class V surface for the storage area east of the building. However, the recommended conditions of approval require that the area be resurfaced with a milled bituminous material, and upgraded to bituminous asphalt upon the earlier of five years or expansion of the building. • At their regular meeting on May 28, 2002, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permit and recommended approval subject to the conditions listed in the APC meeting minutes. ATTACHMENTS: May 28, 2002 APC Minutes, pages ~~ through Staff report, pages ~ through ~6 City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 19 1. 2 C. CONDITIONAL USE PEt~rIIT -PORTFOLIO DESIGN A Conditional Use Permit,to allow outdoor storage on Lot 1, Block 1, Best Brands 2"d Addition, loci::~:~~~$:;~;~i"..'~oodle Road in the SE '/4 of Section 8. .• .:.... ........... ...::: :•,; Planner Dudziak introduced tfi~s'item and highlighted the information presented in the City Staff report dated May 22, 2002. She noted the background and history. She stated the action to be considered as reflected in the planning report is incorrect. She stated the correct action should read as follows: To recommend approval of ~F,bnditio}~al_Use Permit to allow outdoor storage on Lot 1, Block 1, Best Brands Additi~} located at 1765 Yankee Doodle Road in the SE '/4 of Section 8. ~~ .... . Peter Hilger, Best Brands R~;'i2~e#~~'a~4tt#tG~d his availability to answer questions. ................. .......... Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Bendt inquired abgtxt~~i~amount of storage. He asked if truck cazcasses would be stored oi#~4ti>~'site. Mr. Hilger described the storage ~oif'~$i;t~z~;I~e described the nature of the business. He explained that some trucks ii~il~~'t;:empty, to be loaded and others will be loaded, waiting for drivers. He stated only operational trucks would be stored. He stated there would not be any long-term storage other than trailers. Brad Wadsten described the line change process and need for occasional outdoor storage of equipment. :r. =:. Member Steininger move;<#;-~Iembe ~isbush•seconded a motion to approve the A Conditional Use PerngEl~:to allov~t;~tdoor storage on Lot 1, Block 1, Best Brands 2"d Addition, loca,~t~.~•~~b,~~, ~~vk~e Doodle Road in the SE '/4 of Section 8 subject to the followingcoii~#'ttdi~~~;:~i: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. .,..,ra.::::':~:~: ~ •.... The existing trailers atifiE~t~icting shall be removed and building permits obtained for ~~ication of the cling by September 1, 2002, to the satisfaction of the Chief Building Offici3~~~= ~~ _. City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 20 3. No more than 60 trailers s~~~1 be stored east of the building at any time, and no more than 60 trailers sl~be stored north of the building at any time. A revised site plan showing where the individual trailers may be stored shall be submitted prior to recordi :Q~~>: , ; , ; :..:;::f:r ?~. fir::::'':::: 4. Concrete pads shall be ins#a~~e$:~~:~;~fAiler legs in areas of proposed trailer storage. 5. Landscaping and imgaticrp:,~all be installed as shown on the Entrance Detail plan dated May 1, 2002. The landscaping shall be completed by September 30, 2002. 6. All trailers must be stored in an orderly fashion. 7. A revised site plan indicg~,g the storage azea for the barrels and for materials and equipment, showingiere the;,#~ilers will be stored on the site should be submitted. 8. Outdoor material and equipment sfj~c~ occur only in the area of the existing concrete pad adjacent to;f~•#~~di~g;,anci•b~.a.ls~d for such purpose only as necessary for changing i~iee~tui3~~;ii~~i1?iivithin the building. Long-term outdoor storage of mechanical equipment and parts should not be allowed longer than 60 days. •- 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage apd pazking azeas. Detailed plans for this grading work must be ~Le,~a~~~d signed by a registered professional engineer. _ . • . _ .. , . • , , alb- ~- 4F~ . 10. Recycled asphalt shall be used to ~sut'~:t4ast outdoor storage area. The site will be subject to periodic review by city~staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 11. The outdoor storage azeassl3all;be surfaced ~yith bituminous asphalt and including concrete cur t#' ,ylczj#ired storm drainage provisions, ~: 1?~,.; by November 1, 2007~a~pon eiSion of the building eastward, whichever occurs eazlier. ,,;,:,:, r 12. The outdoor storage ~i;~as shall i,'~'~.'~:'~e surfaced with gravel base, Class V or otherwise. ~':;:;:; ~: ~ ::::.::::::::::::::::~:::: 13. All parking and storage areas shelf $~'p'r'di~'sefly maintained to prevent deterioration. Motion carried 7-0. :,,. t'. ..;J l:' ~~ -- PLANNING REPORT CITY OF EAGAN REPORT DATE: May 22, 2002 (revised May 28, 2002) CASE: 08-CU-10-04-10 APPLICANT: Best Brands PROPERTY OWNER: Best Brands Corp. REQUEST: Conditional Use Permit LOCATION: 1765 Yankee Doodle Road HEARING DATE: May 28, 2002 APPLICATION DATE: May 1, 2002 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Portfolio Design, on behalf of Best Brands, is requesting a Conditional Use Permit (CUP) for outdoor storage of semitruck trailers and materials on property located at 1765 Yankee Doodle Road in the SE '/4 of Section 8. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended 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. ~9 Planning Report -Best Brands May 28, 2002 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehiculaz 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. In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or reaz yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 80 Planning Report -Best Brands May 28, 2002 Page 3 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The Best Brands facility was founded in 1976. In the past 10 years, Best Brands has experienced significant growth, expanding this facility three times. The two buildings consist of approximately 118,000 square feet on 16.7 acres. In 1990, Best Brands acquired the northeasterly 9.5 acres in anticipation of future expansion. That 9.5-acre parcel contains a house, which is currently occupied by a renter. The facility is again in need of expansion, however, further expansion would require the relocation of sanitary sewer and storm sewer pipes and associated public easements which are adjacent to the east side of the building, and consequently would add significant cost to further building expansion. There are currently several trailers being stored outside on the property, and several trailers that have been attached to the building. One cargo trailer has been placed on a concrete slab and is climate controlled for storage of "volatile materials in accordance with the Fire Code," according to the applicant's narrative. The existing trailer storage is in violation of City ordinances, and upon being notified of such, the applicant submitted this application for the required Conditional Use Permit to bring the use into compliance. EXISTING CONDITIONS The site contains rivo existing buildings totaling approximately 118,000 sq. ft. Access to the site is provided from Yankee Doodle Road in several places, and from Terminal Drive to the north. The eastern portion of the site adjacent to the building has a Class V surface. The parking tots and service areas are surfaced with bituminous asphalt. The gravel area east of the building has been used for trailer storage without benefit of a Conditional Use Permit, and several trailers have been attached in a perpendicular fashion to the building in an effort to expand "indoor" storage space. Upon receiving notification that a CUP was necessary, the owner prepared this application. There are several existing non-conformities with regard to site improvements. The storage area is not well-defined, it is surfaced with Class 5 rather than bituminous or concrete, does not have curb and gutter or a storm drainage system, and there is no fencing or screening around the outside storage area. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Bi Planning Report -Best Brands May 28, 2002 Page 4 Existing Use ~ Zonina Guide Plan North Parkin storage I-1, Limited Industrial IND, Limited Industrial South Office ~ I-1 IND I East Valle Lounge I-1 1ND West Office I-1 IlvD EVALUATION OF REQUEST Compatibility with Sun oundin~ Area -The surrounding area west of Hwy. 13 is largely industrial uses. Across Hwy. 13 to the east is the Transport Corporation of America office building. There are no residential developments nearby, however the easterly portion of the subject site that the owner acquired in anticipation of expanding the facility in the future, contains a house, which is currently occupied by a renter. Proposal -The applicant is requesting a Conditional Use Permit for outside storage. The existing trailers that are attached to the building would be removed later this summer, and the applicant proposes to utilize the entire area that is currently surfaced with Class V for outside storage of detached trailers and "miscellaneous materials consumed during the course of business." Site Plan -The proposed outdoor storage area is located east of the building. The applicant has indicated that the existing attached trailers will be removed by September 1, 2002. The applicant proposes outside storage of trailers on a "semi-permanent" basis adjacent to the building and on the east side of that yard just inside the entrance. Approximately 60 trailers can be stored within this area. The plans shows ho~~~ the trailers would line up on the two concrete pads east of the driveway entrance and adjacent to the building. Anew bituminous surface is proposed extending about 130 feet into the site. The applicant proposes to construct a berm and install landscaping along Yankee Doodle Road south of the driveway to screen the storage area. One trailer is being stored long-term on a concrete pad near the southeast end of the building. This one trailer is climate-controlled and is "used to store volatile materials in accordance with the Fire Code." The applicant has indicated that this trailer is used for storage of food additives, such as flavorings, that are flammable. This concrete slab is also used for temporary storage of materials for equipment change-outs, which occur periodically. "Transient" trailer storage is also proposed on the north side of the building. This north trailer storage is for short-term trailer storage, typically for less than one day. This storage area is currently surfaced with bituminous asphalt and enclosed by a fence. Up to about 60 trailers can be stored in this area at any given time, but trailers do not remain for extended periods of time. Outside storage is also proposed for recyclable plastic barrels. Best Brands uses products and then stores the empty barrels on-site until enough have been accumulated to complete a truckload to be hauled off-site for recycling, which typically occurs weekly. The storage of such recyclable ~a Planning Report -Best Brands May 28, 2002 Page 5 materials should be excluded from this conditional use permit, and that they be stored in compliance with City Code requirements in Section 11.10, Subdivision 29.5 ("Enclosure of trash and recyclables containers required"). However, storage for these items should be shown on a revised site plan. Setbacks -The east side storage area is set back about 80 feet from Yankee Doodle Road and 15- 20 feet minimum from the east lot line. The north storage area is five feet from one property line and 15 feet from the other. These setbacks satisfy City Code requirements for the outside storage in the I-1 zoning district adjacent to other property with the same zoning designation. Outdoor Storage -The ordinance standards for outside storage are outlined below. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) coning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited inda~strial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The east side storage area is effectively enclosed by topography and existing vegetation on one side, and the building on the other, and is not very visible from the street. The north side storage area is enclosed by a chain link fence. Therefore, no additional constructed enclosure (i.e. fence) is proposed. 2. The storage area shall be located in the side or rear yards and shall not encroach into any rega~ired front building setback area or other required setbacks. The storage areas are located in the side and rear yards and satisfy minimum setback requirements. 3. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties are zoned and guided for limited industrial use. The plans include construction of an eight-foot berm and landscaping for screening of the storage area from Yankee Doodle Road. The north storage area has little screening, however, screening is not required from adjacent parcels that are zoned I-l. In the case of the north storage area, the adjacent parcel is zoned I-1 and contains a parking lot; transient trailer storage north of the building would not be incompatible with surrounding development. 4. The storage area shall not interfere with any pedestrian or vehicular movement. This area of the site east of the building is used only for storage and vehicular movement. There is no parking or pedestrian activity in this area. The plans show that a 30-foot wide drive aisle will be maintained through the storage area. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is already clear of vegetation, and relatively flat, and has been previously surfaced with Class V aggregate. No landscaping or other vegetation is proposed %3 Planning Report -Best Brands May 28, 2002 Page 6 to be removed to accommodate the proposed storage area, and required parking areas are located elsewhere on the site. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. See "Grading" below. Concrete pads should be installed to support the trailer legs in areas of proposed trailer storage. The site plan shows an existing concrete pad and a new concrete pad east of the drive, but if trailers are to be stored adjacent to the building too, a new concrete pad should be installed there as well. Landscaping -The applicant is proposing to construct aneight-foot berm south of the driveway along Yankee Doodle Road. Twelve Black Hills Spruce trees are proposed to be installed on the berm. The berm and new landscaping should be irrigated. Gradinu -The existing site generally slopes toward the center of the site. The applicant is proposing to construct and/ or maintain the truck parking and material storage areas with a combination of three different surfaces: bituminous asphalt, recycled asphalt aggregate gravel surface, and Class V gravel aggregate. The applicant is not proposing to construct the perimeter of the outdoor storage areas with concrete curb and gutter. City Code requires that all of:=street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled aggregate surfacing for outside storage azeas, but Class V gravel aggregate storage areas have not been allowed. Those conditional use permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled asphalt is used, such periodic review should be a condition of approval. If, upon review, the recycled asphalt aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage azeas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. Storm Drainage -Storm. water runoff from the site will be drained through existing storm sewer in the center of the site. g~ Planning Report -Best Brands May 28, 2002 Page 7 Utilities -The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Streets/Access/Circulation -Access to the storage area is currently from one driveway entrance onto both Yankee Doodle Road and Terminal Drive and will remain unchanged with this development. Li htin -The applicant has recently upgraded existing building mounted lighting to metal halide wall packs. The north storage area includes pole-mounted lighting, with angled fixtures. No additional changes to the site lighting are proposed. Typically, we would request downcast lighting, rather than angled fixtures, however, the existing lighting does not appear to present a glare problem for adjacent property or the publicright-of--way. Easements/ Permits/ Right-of--Way -The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. SUMMARY/CONCLUSION Portfolio Design, on behalf of Best Brands, is requesting a Conditional Use Permit (CUP) for outdoor storage of semitruck trailers and materials on property located at 1765 Yankee Doodle Road in the SE '/4 of Section 8. The proposed outdoor storage use is compatible with the I-1 zoning and surrounding properties. The proposal, however, falls short of satisfying all of the performance standards in the City Code. The primary shortfall is with regard to surfacing. It is understandable that the applicant wishes to minimize costs, particularly since a further building expansion is anticipated. However, the continued use of Class V aggregate is not acceptable, and has not been allowed for other outside storage conditional use permits in the City. The milled bituminous is a better alternative to Class V, less costly than asphalt and better dust control than Class V. Milled bituminous or recycled asphalt, however, also does not comply with the performance standards, but has been allowed for other similar CUPs in the past and may be a suitable compromise in this instance. The applicant has indicated a willingness to install bituminous asphalt by November 1, 2007, or with the expansion of the building, whichever occurs earlier. A revised site plan indicating the storage area for the barrels and for materials and equipment, and showing where the trailers will be stored on the site should be submitted. Outdoor material and equipment shall occur only in the area of the existing concrete pad adjacent to the building and be used for such purpose only as necessary for changing mechanical equipment within the building. Long-term outdoor storage of mechanical equipment and parts should not be allowed. gS Planning Report -Best Brands May 28, 2002 Page 8 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for outdoor storage of semi-truck trailers and materials on property located at 1765 Yankee Doodle Road in the SE '/4 of Section 8. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The existing trailers attached to the building shall be removed and building permits obtained for restoration of the building by September 1, 2002, to the satisfaction of the Chief Building Official. No more than 60 trailers shall be stored east of the building at any time, and no more than 60 trailers shall be stored north of the building at any time. A revised site plan showing where the individual trailers maybe stored shall be submitted prior to recording of the permit. 4. Concrete pads shall be installed to support the trailer legs in areas of proposed trailer storage. 5. Landscaping and irrigation shall be installed as shown on the Entrance Detail plan dated May ], 2002. The landscaping shall be completed by September 30, 2002. 6. All trailers must be stored in an orderly fashion. 7. A revised site plan indicating the storage area for the barrels and for materials and equipment, showing where the trailers will be stored on the site should be submitted. 8. Outdoor material and equipment shall occur only in the area of the existing concrete pad adjacent to the building and be used for such purpose only as necessary for changing mechanical equipment within the building. Long-term outdoor storage of mechanical equipment and parts should not be allowed. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. l Oa.The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR g6 Planning Report -Best Brands May 28, 2002 Page 9 l Ob.If recycled asphalt is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 11. The outdoor storage areas shall be surfaced with bituminous asphalt and including concrete curb and gutter, with required storm drainage provisions, by November 1, 2007, or upon expansion of the building eastward, whichever occurs earlier. 12. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 13. All parking and storage areas shall be properly maintained to prevent deterioration. S7 FINANCIAL OBLIGATION - 08-CU-10-04-02, Portfolio Design C-U-P 1765 Yankee Doodle Road Best Brand 2"d Addition There are pay-off balances of special assessments totaling $11,140 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 are proposed. The chazges aze 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 $0.00 TOTAL ~g $0.00 a Eagan Boundary Location Map ~ street t:.nterline Pareel Area Build in g F o o t pri nt ~ ' ~. ~ ~ ~ J ~ O e ~ ~ ~. Q c < \' ~ ~; 0 ;~ ~ ~` ~ ~ ! t~~ ~ t'i~'~ ~ '` li U ~ ~ ~ ~ ~::~ ~` ' i y ° ~ l ~ ~ ~ ~ ~ i~ " I ~ Sub ect Site ~ 6 ~~ ~ ~ t~ _ O a ~ ~ ~~ n ~ tl QOQOO© ~~ ~ ~ ~Y~ ~ ~ ~I ~ ~w ~ r "~ L t'~ t' f >~ ®~ b © m r`~ ~~ `."~ ' .-. ~ ~ . ' ~ ~.\ `,~ r ~~7~' ~ _ ` of 4a , ~ c. ~ r. .^. ~ ~ ~ f..-. 1 r ['^~'T E ~ 1^ j J d L s ~ ~~ ~ ~i`~ ~~ ~ .~ vR ~ 1: ~ ~ ~ J~~J.. Y1 ~ ~ t6 ~ E3 G C] C3 C7 ® ~ ~ ~ ;.3 » //;~~ ~'/ ~ ~~ ` ~ ~ j ' ~ u ~ y3 ~ ip ~ "3 ~~V ~ ~ 3 ;c~- n:3 .~ ; ~ ~ ~~ ~ ~ s . ~ . j 1000 0 1000 2000 Feet Developmertt/Developer•. Best Brands Application: Conditional U er Case No.: 08-CU-10-04 2 Map Pnpand using I AreYww 1.1. ParoN Mw map data provided br Dakota County Land Survey DepaMrnt and k cumnt as of Mareh 2002 N City of Eagan ( THIS MAP IS INTENDED FOR REFERENCE USE ONLY p' E .M. N N E S ~ - The City of Eagan and Dakota Couttty do not guarantee the aeeuney of this information and aro S Cs~mnurity Dev.lopmer~t Departrrarnt not roaponsfli• for errors or omiaalona. Current Zoning and Comprehensive Guide Plan Best Brands Land Use Map os-cu-~o-o4-02 V Zoning Map ~ ~ ~ ~. ~ ~ ;; ~ FP Q ~ O ~ -° ._~ Location ~ _~ Current Zoning: ,_, =, _ a 1 ~ y ~ ^ ~( O RS _ Q I-~ ,~ o0 o`O r °O i Limited Industrial o -~ i ~~ cowtn .o~ot a 1 ~~~ ~ ~ PD ~ i 0 soo 0 00o ueo r.n '~ ~~ Comprehensive Guide Plan ~ ~ AND ;~. -M~ Land Use Map _ IND LD MD Location ~. ;,:- _ Current Land Use Designation: _. .: ~ ~ ~~' ~``~~ '~ '•~ ~ ~p rr~, '+_ ~ IND 9 1 N D ois ~~ ors - ~ -HC Limited Industrial ' ~ ;. . ~ ~+' ~~ . i° < ~, ~ __ ~ .. ` ~ - D + r 100 • 000 1f00 I..t 4 { ,~ ~~ F{,; ~.~ ~~ Nd~d ~11S ]•wi^r ~oiri+~r )~ ~'1YP+ 0riL ( e 0 O ~ 51~311N~Nr ~~`~#~1t~ ~~ N/1 'NVO~i ~ ~ 3 f.; ~ d ry ii 'OY 71000G i37~NYa COL{ ~ {~ j ~Nt ~701AfiN NDIII~O ~ gg ~~:E I I iE I ~ ,O OI'I03,L~IOd~ ~~1~gi~F*~ r~ ~ saNeae 1538 r ,~ ~~ ~~ ~ ; J C < <? o ~ OR w } < G< zw ~ ~ D D~ r u, d> ~~ W ~ z W p0 -~ ~f!`1(~ > ~ J ~jO F ~~ =1 ~ wY ry J .7w t ~A ~~11 a ~J ~ LLD LL Qid w~ w (:~ ~ [~~ a ~p a ~p (~~ ~ ~ ~ (~~ (~~ rt~f $~~ ~p X L~~ (~~ ~ (`~ Jai s W S j<J< 421~~{U 2Z i YpOp ~~ JWµ1~ W4J+yF~ ZW4+ YW 4j~ j~' 34 ~ ~ ~ DS OJ DJ O DZ ~m ^J pyi D ~~ ^ p~ Du ~ I ' I '•~. i e~ /~ ~..\ j = %r ••~ ~ ~ •` \ J ~ ~ w (Y _/ ~~q~ / ~ W o F I- [/ ~ \ ~ / 0 ~ 777` ~~ - _'~~ ~ ,~///,. u~1 S<p' . ~ w O ~ , a~,~ ~~--yam. ~ 1 •.' 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F ~~ ~a~ ~~'W ~~ ~Idl~a ~~Nd~1N~ r I ~ ~ O MI 'Mt~t3 n l ,~.~ F F; 1 Q O OY 310000 3371M~A fYLI i i Y ~ 6# I~ 1.i~ O SONdtlB 1538 ~o {s' IL ~* ~ N E ~ b H _~. - ~ J ` ~ ~ ~~ ~ ~'~ ~' ; Q -y-~~ W . ~--~~---- a r~ I /i - -fir R'.F\ - - 443 ~- \ • r -. ~ ~< ~ 0 W~j ' S x~ ~ ~~{{~ ~ / / N W; W W /' / ~ ~ / " Q ~ 1 / </ i ~~ ~/ 'g -~~ ~~ s6' ~ ~ i LL / /i W U Z Q F- Z w LL _J Q F- W O W F- N i a s~ :~a~~~~~~~~ e, • ° I~' N k C s 4 t C N J 4 Z 'Or~+. w~ { ~C /\ ~ ~\ ~w~>.. ~~na ns ,~~ ~~~ ~~ ~ ~ ~et [g ~ ~ ~ ~ ~~~i~~~~y~~~~~~~l~+l+~'jt ~~ ~~ ~e~~ ~°•t ~II~,~i~'ii~~j~~'i~~ ~i E~'~~:~~~~i ~i~ ili:!l~RlflTli~i!}~it ,~ W ~ U ~, z w ~; a A ~. z F o ~¢ Q ~ w ~- a ~ ~e ~:~~ p~~[ PORTFOLIO DESIGN SERVICES INC. 2340 N. Lexington Avenue Roseville, MN 551 13 (651) 631-1300 FAX (651) 631-1500 www. rosewoodgortfol i o. com REPORT DATE: April 16, 2002 (REVISED May 1, 2002) TO: Ms. Pamela Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 FROM: A. Peter Nilger, AIA, Applicant PROJECT: Best Brands (Petitioner) 1765 Yankee Doodle Road Eagan, MN RE: Conditional Use Permit Application Outdoor Storage Attached please find materials in support of our application for a conditional use permit at the above referenced location. Following is a narrative description of our request. ABOUT THE OWNER /PETITIONER Best Brands Corporation is a manufacturer and supplier of bakery related products nationwide, with additional plants and distribution centers in Tampa and Dallas. The Minnesota facility was founded in 1976, and experienced significant growth within the past 10 years, including three major additions to the plant. In 1990, the company acquired 9.5 acres of additional property to the east for purposes of long range expansion. They currently occupy two structures at 1765 and 1767Yankee Doodle Road, totaling approximately 118,000 SF on a total of 16.7 acres of property. The plant currently employs 260 and runs around the clock. SUMMARY OF THE REQUEST The applicant is requesting a Conditional Use Permit to permit outdoor storage as allowed under Eagan Code Subd. 29.2. The nature of the outdoor storage is largely tractor-trailers along with miscellaneous materials consumed during the course of business. The areas of outdoor storage are designated on the attached site plan and total 133,258 SF, or 15% of the total available site area. The petitioner currently stores trailers outdoors on a permanent and semi-permanent basis, as well as trailers that are awaiting delivery and stored less than 24 hours. The petition also calls for a detached metal cargo trailer used to store volatile materials in accordance with the Fire Code. Pa e 1 of 3 CUP I`arrati~~e COMPREHENSIVE GUIDE PLAN DESIGNATION The property is currently guided industrial. CURRENT AND ADJACENT ZONING This property is generally within a large industrial zoned area north of Highway 13, on the northeast intersection of Highway 13 and Yankee Doodle Road. The property is currently zoned I-1 Limited Industrial, and is proposed to remain I-1. Abutting property to the east ,north, and west is also zoned I-1. The southern boundary of the property has currently inaccessible frontage on Highway 13, with the corner of Yankee Doodle and Highway 13 occupied by a Restaurant, also zoned I-1. SCREENING REQUIRED The petitioner is requesting approval of the screening plan that includes a combination of fencing, landscaping materials and minor irrigation to provide a 75% opacity as required by City code. Screening is limited to the Yankee Doodle Road frontage south of the existing building corner, generally screening the subject outdoor storage areas. No other boundaries are proposed to be screened for three reasons: 7. All adjacent properties are similarly zoned I-1 and not residential. Therefore screening would not be required per Subd. 29.2-C-3 "The outdoor storage area shall be screened from view from the public right of way and from adjacent property which is designated for residential uses in the comprehensive guide plan. " 2. The restaurant adjacent to the existing storage area is separated by a steep wooded slope approximately 20 vertical feet high, and the restaurant is guided industrial as well, therefore not requiring screening. 3. The frontage from Highway 13 is currently heavily wooded and provides a substantial natural screen. TIMING AND PHASING The petitioner requests implementation of the conditional use permit immediately to bring the property into compliance with Eagan code and allow for outside storage of trailers and other property related equipment. The petitioner is anticipating yet another expansion to occur within the next 5 years at which time the outdoor storage function would likely be re-planned into a new site and building plan. One current hindrance to this expansion is the existence of a major City utility easement along the immediate south edge of the existing building, a matter that would have to be dealt with at the time of expansion. The Conditional Use Permit would thus be amended at the time of expansion. With respect to site lighting, the entire building was upgraded with new Metal Halide wall packs, replacing the older, less efficient lighting. Then location of wall packs and existing yard light poles is shown on the site plan. No additional lighting improvements are anticipated at this time as the current lighting meets the security needs of the company. Though the plant runs 24 hours a day, the primary loading and vehicular access areas on the north and east side are protected by a chain link fence. The area is gated. In addition, a chain link fence with barbed wire separates Best Brands from the easterly neighbors, partially securing the undeveloped areas. Best Brands has no additional requirements for security fencing at this time. Page 2 of 3 CUP Narrative ~. The petitioner therefore requests that the performance standards for a Conditional Use Permit be phased as follows. The following would be completed by November 1, 2002: 1. Removal of the existing attached trailers (By September 1, 2002) 2. Installation of the proposed screening plan and irrigation indicated on the plan. 3. Partial paving and repair of the existing driveway serving the outdoor storage area roughly 100' from Yankee Doodle Road, as noted on the plan, with a combination of asphalt, crushed recycled asphalt paving, and repairs to existing Class V gravel where noted. The following would be completed by the earlier of the next building expansion into the storage area, or November 1, 2007: 1. Grading and pavement of the existing storage lot using a heavy duty bituminous mix design for truck travel and maneuvering areas and a recycled asphalt gravel in the trailer storage areas. SUMMARY We respectfully request that the City of Eagan grant the Conditional Use Permit as herein described. Page 3 of 3 CUP Narrative 9~ Agenda Information Memo June 4, 2002, Eagan City Council B. CONDITIONAL USE PERMIT - WAL-MART (1360 TOWN CENTRE DRIVE) ACTION TO BE CONSIDERED: To approve a Conditional Use Permit for seasonal outdoor sales to allow a temporary greenhouse on property located at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 l ltn Addition, in the NW'/4 of Section 15, subject to the conditions listed in the APC minutes. FACTS: • The applicant has applied for a Conditional Use Permit for a seasonal greenhouse for the sale of plant materials. • Wal-Mart is proposing the greenhouse as a solution to the seasonal storage problem the store experiences as a result of the large volume of plant materials delivered and sold during the spring months. • Wal-Mart is proposing their seasonal sales would be from May 1St to July 1St each year. • A Conditional Use Permit for outdoor sales and display for the fenced garden center on the south side of the building was approved with the initial plans, with the stipulation that the outside sale and display be restricted to garden items only. • A CUP allowing a produce stand on the Wal-Mart property was issued in 1997, and a CUP allowing Christmas tree sales was also issued in 1947. • The Advisory Planning Commission held a public hearing on May 28, 2002, and recommended approval of the Conditional Use Permit, subject to the conditions listed in the APC minutes. ISSUES: Since there is an existing CUP for a summer produce stand on this property, there maybe some concern about overlap of the proposed greenhouse with the operation of the produce stand. The CUP for the produce stand allows it to open as early as June 25cn each year, however, the applicant is proposing the greenhouse to operate until July 1 each year. The Council may wish to consider restricting the end date of this permit to prevent the overlap of seasonal uses on this property. ATTACHMENTS (2): May 28, 2002 APC Minutes, pages through Staff report, pages through 9~ City of Eagan Advisory Planning Commission Meeting Minutes Mav 28, 2002 Page 21 D. CONDITIONAL USE PELT - WAL-MART A Conditional Use Permit tr:~.a(ls~ a seasonal reenhouse and outdoor sales on t. '.• '•~~: I Lot 1, Block 1, Town Cere,:;~0~ff#t~~1,~'; ition, located' at 1360 Town Centre Drive in the NW `/a ~ ~" '~'' Qf'~ectioii~'1'S' .... . ~~ Planner Dudziak introduced tliis'item and highlighted the information presented in the City Staff report dated May 19, 2002. She noted the background and history. She stated on page six of the planning report, Cedaz Cliff Shopping Center should be replaced with Town Centre. _ John Hamm, Wahnart Chair Huusko opened the Huusko closed the pub Commission. being no public comment, Chair :c~: the discussion back to the Member Gladhill requested that the stop sign at Duckwood Drive be shifted so that stopping cars are not in the drive aisle. Member Segal asked the current on the site. . _ ... Mr. Ridley stated the issues problems with outdoor storage to his knowledge. Member Bendt moved, Member Steiningei~::8~¢nded a motion to approve the Conditional Use Permit to allow a seasonal greenhouse and outdoor sales on Lot 1, Block 1, Town Centre 70 Eleventh Addition, located at 1360 Town Centre Drive in the NW `/< of Section 15 subject to the following conditions: 1. This Conditional Use P~-rc}~:~~~11 b~;~~o~idd at Dakota County within 60 days of approval by tl~:Ciiy'~ti~~# ' 2. The seasonal sales sha~~~~e allovuietween the dates of May 1 and July 1 each yeaz. r::==: -.~••~ 3. A building permit is r~ii~;e~1;~y~Y~q:,~cLS,tL~iction of the greenhouse each year. ter::::: ~:... ...... ~=~ '.~ :,: . 4. All sales should cease and the structures should be removed by July 1 S` each year. 5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with p~~leS#',~ ;!ely, vehicular movement, emergency access and existing buss~clieff~ri#~fi;:~`:: 6. Any storage and disp~~.5f plant materi~f~putside the greenhouse shall not extend beyond the widtJl of the greenhous'is'itself, nor more than 15 feet from his availability for questions. 98 City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 22 the end of the greenhouse ?~~1. Additionally, any outside displays shall be contained within an enclosti~such as a temporary fence. 7. Hours of operation shall be .bgtw~~n 7:00 a.m. and 9:00 p.m. only. Motion carried 7-0 f ~~""' "'"'"""•• •••~'' ;;:::: .. .,.::: :•. :: ..: •. J.;:.. .. t;'• . jC;rf ''• ~;f~} IY.S . f~::•f :... .......... •~:;.ti ........ 99 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2002 (revised May 29, 2002) APPLICANT: Wal-Mart PROPERTY OWNER: Wal-Mart Real Estate Business Trust REQUEST: Conditional Use Permit LOCATION: 1360 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center CASE: 15-CU-OS-02-02 IIEARING DATE: May 28, 2002 APPLICATION DATE: (Feb. 20, 2002) PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST Wal-Mart is requesting approval of a Conditional Use Permit for seasonal outdoor sales to allow a temporary greenhouse on property located at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 11`n Addition, in the NW '/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended 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. /~ Plarming Report - Wal-Mart March 26, 2002 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of 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 The property was platted in 1991 and the store constructed in 1992. A Conditional Use Permit for outdoor sales and display for the garden center was approved with the initial plans, with the stipulation that the outside sale and display be restricted to garden items only. The initial building plans also included a 30,000 square foot future addition at the rear (east end) of the store, which has never been constructed. In 1998, Wal-Mart constructed an addition to the front of the store and extended the screening wall at the rear of the store to enclose and screen the storage area for trash dumpsters, wood pallets and bundled boxes. A CUP allowing Christmas tree sales on the Wal-Mart property also exists. The Christmas tree sales are located on the far end of the parking lot from the building. A CUP for a produce stand was also approved for the Wal-Mart property in 1997. EXISTING CONDITIONS The site is developed with a 120,000 square foot retail building. The building is located on the east end of the site, with parking to the west. The site is bounded by Town Centre Drive to the west, Duckwood Drive to the south, and other retail to the north and south. A stonm drainage pond is located between the building and Duckwood Drive. /o/ Planning Report - Wal-Mart March 26, 2002 Paee 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Guide Plan North Kohl's CSC, Communit Sho in Ceriter SA, S ecial Area South Retail CSC, Communi Sho in Center SA, S ecial Area East Companion Animal HospitaVCornerstone self-stora e CSC, Community Shopping Center SA, Special Area West Eagan Auto malU Paradise car wash CSC, Community Shopping Center SA, Special Area EVALUATION OF REQUEST Code Requirements -The City Zoning Code allows for seasonal outdoor sales as a conditional use within the commercial zoning districts of the city, subject to the adopted standards The City Code defines a seasonal outdoor sale as "the outdoor storage and sale of goods within a duration of more than ten and less than 90 continuous days that are accessory to the principal use or structure." Section 11.10, subdivision 29.4 identifies performance standards for a seasonal outdoor sale. Seasonal outdoor sales also must comply with the standards applicable to temporary outdoor events outlined in Section 11.10, subdivision 29.3. This proposed CUP will be evaluated relative to these standards. Proposed Use -The applicant has applied for a Conditional Use Permit for a seasonal greenhouse for the sale of plant materials. Wal-Mart is proposing the greenhouse as a solution to the seasonal storage problem the store experiences as a result of the large volume of plant materials sold during the spring months. Compatibility with Surrounding Area -The existing development is commercial retail and this area along Town Centre Drive is considered one of the major commercial developments in the city. There are no residential properties neighboring the site. The store manager has indicated that abattery-operated cash register will be used for greenhouse sales. Also, outside storage of bagged item such as soil, compost, mulch, etc., will be kept within the existing fenced garden center area attached to the building. Li htin - No new lighting will be required for the greenhouse. Duration - Wal-Mart is proposing their season would be from May 1St to July 1St each year. All sales should cease and the structures should be removed by July 1St each year. Gradinu/Storm Drainage - No new pavement will be added as a result of this permit. /o a Planning Report - Wal-Mart March 26, 2002 Parkin -Parking will be provided on the property within the existing parking lot. Access -Access is provided to the area through the existing parking lot. Seasonal Sales Standards -Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11.10, Subdivisions 29.3 and 29.4. 1. Adequate off-street parking shall be provided to ensure that no obstruction or interference occurs with existing traffic patterns. The greenhouse is a temporary membrane structure, approximately 60 feet long by 25 feet wide. The proposed greenhouse occupies approximately 12 existing parking stalls near the site entrance from Duckwood Drive. The greenhouse location will leave the handicapped accessible stalls open. 2. No portion of the event shall take place within any public right-of--way. A minimum setback often (10) feet shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any abutting property line of any residential use or residential zoned property, which is not separated by public right-of--way. The sale area will satisfy all building and parking setback requirements. In addition, there are no abutting residential uses or residential zoned properties. 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than S% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. The sale area comprises 1,500 square feet of the 14-acre site. The greenhouse is proposed to be located over several existing parking stalls near the main access drive from Duckwood Drive. The greenhouse will be separated from the main drive aisle by an existing concrete island, which defines the rows of parking. 4. All signs for the event shall comply with Eagan City Code sign regulations. The City Sign Code does not have specific standards for seasonal sales. Temporary signs for special business events are allowed up to three in number, not exceeding a total of 25 square feet. Temporary signs displayed for more than ten days per calendar month require a sign permit. Any wall signs on the greenhouse should comply with the number and size restrictions for temporary signs in the Sign Code and a sign permit is required to display the signs for the duration of the seasonal sale. 5. Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. Since the proposed structure exceeds 200 square feet, a building permit is required prior to construction each year. /03 Planning Report - Wal-Mart March 26, 2002 Paee 5 6. The owner or operator of the event shall have the written permission of the fee owner of the property on which the event is located to use the specific site. The property owner is the applicant. 7. Hours of operation shall be subject to this Chapter's regulations governing hours of operation of commercial businesses. The applicant proposes operations between the hours of 7:00 a.m. to 9:00 p.m. daily. 8. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. All parking can be accommodated within the existing Wal-Mart parking lot. 9. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. The greenhouse will enclose the sales area. Other such greenhouses in Eagan have included display areas off the ends of the greenhouse. Wal-Mart has not proposed to do that in this case, however, if any storage and display of plant materials outside the greenhouse does occur, it should not extend beyond the width of the greenhouse itself, nor more than 15 feet from the end of the greenhouse wall. Additionally, any outside displays must be contained within an enclosure such as a temporary fence. 10. The sale shall not encroach into any required front building setback area or other required setbacks. The proposed sale area is located in the parking lot and satisfies all building and parking setback requirements. 11. The sale area shall not interfere with any pedestrian or vehicular movement. The drive aisles within the parking lot will remain open. No sidewalks are impacted by the proposed sale area. The proposed greenhouse should help relieve congestion in the sidewalk area in front of the garden center as overstocking of product has resulted in plant storage on the sidewalk in the past. 12. The sale area shall not take up required parking spaces or landscaping areas of the principal use. There is ample parking on-site. Based on the minimum parking requirements in the City Zoning Code, the 120,000 square foot retail center requires 487 parking stalls and 750 are provided. The proposed outdoor sales area is located within the existing parking lot and covers approximately 15 parking stalls. 13. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The sale area will be located within the existing parking lot, which has bituminous surfacing. The surface shall be properly maintained to prevent deterioration. /oy Planning Report - Wal-Mart March 26, 2002 Paee 6 SUMMARY/CONCLUSION The applicant is proposing the seasonal outdoor sale of plants and plant products and a temporary greenhouse structure at the Wal-Mart store at 1360 Town Centre Drive. This type of commercial use appears compatible with other uses in the area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for seasonal outdoor sales to allow a temporary greenhouse on property located at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 11`h Addition, in the NW '/4 of Section 15. If approved, the following conditions should apply: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The seasonal sales shall be allowed between the dates of May 1 and July 1 each year. 3. A building permit is required prior to construction of the greenhouse each year. 4. All sales should cease and the structures should be removed by July 1 S` each year. 5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 6. Any storage and display of plant materials outside the greenhouse shall not extend beyond the width of the greenhouse itself, nor more than 15 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. 7. Hours of operation shall be between 7:00 a.m. and 9:00 p.m. only. /~s FINANCIAL OBLIGATION -15-CU-OS-02-02, Wal-Mart C-U-P Lot 1, Block 1, Town Centre 70 Eleventh Addition There are pay-off balances of special assessments totaling $-0- on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these ConnectionlAvailability Charges. The charges 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 None USE RATE QUANTITY AMOUNT TOTAL /06 $0 Location Map Eagan Boundary ~, Street Centerline Parcel Nee Building Footprint Development/Developer: Wal-Mart Application: Conditional Use Pe Case No.: 15-CU-05-02-02 rr Map preparetl using E Nw 3.1. Pared bass map data provided ~~+_~t by Dakota Courrty Land Sunray Department and fs eurnnt as of October 2001. /. µ E City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY ,. _ ~ ~ - a The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Communny Development Department not responsible for errors or omissions. 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan wad-Mart Land Use Map Case No. 15-CU-OS-02-02 Zoning Map PD r Loca ' tion csc PD O Current Zoning: /~ G sc .~ CSC Community Shopping Center PD csc ``°* '~ D ' o s tea •:oo n•e D ~ • °°, SC PD ®® 2 .~ A Comprehensive Guide Plan Land Use Map Location `~ SA Current Land Use Designation: SA i l A S SA °~~ '' rea pec a ~ , ° e soo s seo zoo r••~ ® ~ID - - - rows ccniu anv[ ® 1360 TOWN CENTRE DR. EAGAN, MN. 55123 02/ 16/02 To whom in may concern: We propose to construct a temporary greenhouse or but in our parking lot, from May 1st until July 1st. The structure is approx. 60ft by 25ft. Its purpose is to provide storage and a point of sale for live goods during the peak selling season of May 1st till July 1st. At this time we are unable to display enough live goods in our fenced in area to meet demand. This would enable us to follow all city regulations involving the use of sidewalks and outdoor areas, during the summer Garden Center season. We would no longer have to display merchandise on our sidewalks, which would present a much cleaner presentation of our store to our customers. Secondly we would be able to provide a more attractive selection of merchandise to our customers. This plan would eliminate approx. 15 parking spaces fora 60 day period. There would be no water, electrical or phone service to this structure. Thank you for your consideration in this matter. Jo amm ~k~~ Sto Manager store 1786 //D Agenda Information Memo June 4, 2002, City Council Meeting C. CONDITIONAL USE PERMIT - PARKVIEW GOLF CLUB ACTION TO BE CONSIDERED: To approve a Conditional Use Permit for the installation of a pylon sign 10 feet in height on property located at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club Addition) in the NW '/4 of Section 34, subject to the conditions in the draft May 28, 2002, APC meeting minutes. FACTS: • The subject site has operated as a golf course since 1969. An existing 4 foot by 8 foot free standing sign is located within a landscape island adjacent to the entrance. • The applicant would like to install a freestanding sign 10 feet in height and 56 square feet in sign display area. • The Sign Ordinance defines a freestanding sign that exceeds 7 feet in height as a pylon sign. The installation of a pylon sign requires the issuance of a Conditional Use Permit. • The proposed sign display area measures 8 feet in width by 7 feet in height (56 square feet). Two panels (4 feet in height) for changeable letters are also incorporated into the design. • The sign is proposed to utilize the colors green, tan, and black. • The site plan indicates that the sign will be placed 11.5 feet from the property line abutting Cliff Road. Construction plans for Cliff Road indicate that the parking lot is located at the property line and does not maintain a setback. The setback from the east property line of the platted lot is not shown on the site plan. • Shrubbery is proposed around the base of the sign to screen the two lights used for external illumination. • The sign design appears to be appropriate given its location adjacent to residential uses and Cliff Road (A minor arterial roadway). • On May 28, 2002, the APC unanimously recommended approval of the request subject to the 10 conditions in the staff report. ATTACHMENTS (2): Draft May 28, 2002, APC meeting minutes, page ~~e~-_ Planning staff report, page ~ to ~~ /ii City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 23 ' E. CONDITIONAL U5E PERI~`€ - A Conditional Use Permit fq allow the installation of a pylon sign ten feet in height on Lot 1, Block 1, Par~~~q~k~;tted at 1310 Cliff Road in the NW '/< of Section 34. ''"'••• •••••--••••~ •••;f •: Planner Kirchoff introduced 6ii~ item and highlighted the information presented in the City Staff Report dated May 23, 2002. She_ noted the background and history. Shane Korman, Pazkview G9'~•Club Managing Partner, announced his availability to answer questions. '•=' •~ `~~' ~• :;: Chair Huusko opened the pubic hearing= Mr. McGuire, Eagan resideri~;'Sf~~t~~ii5~~,ipt:~ui: the proposal. There being no public comment, Chair Huusko'closed the public hearing and turned the discussion back to the Commission. .: . Kirk Van Blaircom explained that the .•S.~Tt:~,~:~}een designed within the City's ordinance. He stated the si~r.;?~fgl~fi'to be visible and legible from the street. Member Segal moved, Member'~'Stiiit~;:seconded a motion to approve the Conditional Use Permit to allow the insta~i~i~Df a pylon sign ten feet in height on Lot 1, Block 1, Parkview Golf Club, located`at 1310 Cliff Road in the NW '/4 of Section 34 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office withi~.~#:~ aft~x•~~X..C•~ouncil approval. 2. A sign permit shall be.is's~e~t'pr~3r,~tfi~~##~tion. 3. The sign shall maintai~~~fl-foot si~~•~cks from all property lines. 4. The sign shall be limitCtk~o 56 sq~te feet in sign display azea. 5. The sign shall not obs;Ct.~~des~ri$~.or vehicular visibility. 6. The source of illuminii~igc~i:~~2f~i~j~ot be visible to vehicular and pedestrian traffic with the use of a landscape screen. 7. The sign shall be externally illuminated. 8. Concrete curbing stall be installed around the sign area to delineate the landscaped azea. _ rs <•:• ~::: _ .f•: .•~: 9. All nonconforming to • i~'~• ~ ~ • ~ ll be removed from the site. 10. The applicant shall d trate th~'~~',p~c~on sign maintains a 300 foot sepazation from another 'pylon sign. •••• Motion carried 7-0. _.... f ~/1 __ PLANNING REPORT CITY OF EAGAN REPORT DATE: May 23, 2002 APPLICANT: Parkview Golf Club PROPERTY OWNER: Same REQUEST: Conditional Use Permit CASE: 34-CU-09-04-02 HEARING DATE: May 28, 2002 APPLICATION DATE: May 1, 2002 PREPARED BY: Cynthia R. Kirchoff LOCATION: 1310 Cliff Road (Lot 1, Block 1, Pazkview Golf Club) COMPREHENSIVE PLAN: P, Park and Recreational Open Space ZONING: P, Public Facility/Institutional SUMMARY OF REQUEST Parkview Golf Club is requesting a Conditional Use Permit to install a pylon sign 10 feet in height on property located at 1310 C1iffRoad (Lot 1, Block 1, Pazkview Golf Club) in the NW '/< of Section 34. AUTHORITY FOR REVIEW City Code Chapter 4, Section 4.20, Subdivision 1C 6. requires a Conditional Use Permit to be granted for freestanding signs exceeding 7 feet in height. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives ofthe 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 //3 Planning Report - Parkview Golf Club CUP May 23, 2002 , Page 2 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 ar 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 The subject site has operated as a golf course since 1969. In 1998, a portion of the overall site was platted into a lot to allow for the construction of a new clubhouse. The sign is proposed to be located on this lot. In that same year, a Conditional Use Permit was issued fora 100 foot telecommunications tower and equipment shelter on the golf club property. In March, the City Council approved a building permit for a golf driving range and a service center on the golf course property. EXISTING CONDITIONS The subject lot contains a clubhouse and a portion of the parking lot. An existing 4 foot by 8 foot free standing sign is located within a landscape island adjacent to the entrance. An 18-hole golf course is located on the unplatted parcel to the east. ~~Y Planning Report - Park~~iew Golf Club CUP May 23, 2002 Page 3 SURROUNDING USES The following table displays existing uses, zoning, and land use plan designations surrounding Parkview Golf Club: Existing Use Zoning Land Use Designation North City of Eagan -Well # 10; P, Public Facility; QP, Public/Quasi-Public Two-family dwellings R-2, Residential Double MD, Medium Density Residential South Lebanon Hills Regional P, Park P, Park & Recreational Open Park Space ~'4'est Single family dwellings R-1, Residential Single LD, Low Density Residential Family East Single family dwellings R-1, Residential Single LD, Low Density Residential Family EVALUATION OF REQUEST Proposal -The applicant would Iike to install a freestanding sign 10 feet in height and 56 square feet in area for the Parkview Golf Club located on property zoned P (Public Facility/Institutional). The Sign Ordinance defines a freestanding sign that is more than 7 feet in height as a pylon sign. The installation of a pylon sign requires the issuance of a Conditional Use Permit. Compatibility with Surrounding Area -The sign design appears to be appropriate given its location adjacent to residential uses and Cliff Road (A minor arterial roadway). However, freestanding business signage is not present on Cliff Road east of Pilot Knob Road, so this would be an exception. Site Plan -The site plan indicates that the sign will be placed 11.5 feet from the property line abutting Cliff Road. The setback from the east property line of the platted lot is not shown on the site plan. Shrubbery is proposed around the base of the sign. Two lights located at grade are proposed to illuminate the sign. The sign display area measures 8 feet in width by 7 feet in height (56 square feet). T.wo panels (4 feet in height total) for changeable letters are also incorporated into the design. The sign is proposed to utilize the colors green, tan, and black. Freestanding Business Sign Standards: Sign: Displa~~ Area: Pylon signs are permitted to be a maximum of 125 square feet in area per side. The proposed sign measures 56 square feet in area, including the changeable letter portion. /i.~ Planning Report - Parlcview Golf Club CUP May 23, 2002 Page 4 Obstruction of vision: No sign shall be located in such a place as to obstruct driver vision. The site plan indicates that the sign will be located 11.5 feet from the property line. The sign is located immediately to the west of the golf course entrance, so its location could obstruct visibility. Setback: All freestanding signage shall be set back 10 feet from all property lines. The site plan indicates that the sign will be placed 11.5 feet from the property line abutting Cliff Road. The setback from the east property line is not noted on the plan. Construction plans for Cliff Road indicate that the parking lot is located at the property line and does not maintain a setback. The site plan shows that the parking maintains a setback, although it is not drawn to scale so the distance is unknown. A revised site plan will be required to be submitted with the sign permit application indicating accurate setbacks. Source of Lighting: The source of light cannot be directly visible to vehicular and pedestrian traffic. The sign is to be externally illuminated with spot lights mounted at grade. Light sources are proposed to be screened by landscaping installed around the base of the sign. The changeable letter portion shall not be internally illuminated. Location:: Pylon signs are required to have 300 feet of separation. The applicant has not provided information regarding sign separation. However, based upon a visual inspection of surrounding properties, staff believes that the separation requirement will be met. Landscaping - As previously noted, landscaping is proposed around the base of the sign to screen the illumination source and delineate the sign area. Parkin -The site plan indicates that the new sign location will occupy one existing parking stall. The Zoning Ordinance does not specify a minimum number of parking stalls for a golf course or driving range. Conditional Use Permit Standards - City Code Chapter 11, Section 11.40, Subdivision 4C states that the Planning Commission shall recommend a Conditional Use Permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property //6 Planning Report -Parkview Golf Club CUP May 23, 2002 Page 5 values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Finding: The proposed pylon sign appears to be compatible with adjacent properties and the general vicinity. It will not involve uses or materials detrimental to the general welfare of the community. However, the applicant can advertise adequately for the property with a sign that is less than 7 feet in height. City Code Violations - Three temporary banners are affixed to the chain link fence along Cliff Road. The Sign Ordinance prohibits signs from being placed on fences. Further, the sign ordinance states that no more than three signs totaling 25 square feet can be displayed on one occasion. It appears that the three signs exceed the area limitation as well. All nonconforming temporary signage shall be removed as a condition of this permit. SUMMARY/CONCLUSION Parkview Golf Club is requesting a Conditional Use Permit to install a pylon sign 10 feet in height and 56 square feet in area. The sign will replace an existing 4 foot by 8 foot freestanding sign that maintains a nonconforming setback. The site plan indicates the proposal could meet all applicable Zoning and Sign Ordinance provisions, but will require the removal of one parking stall. Although the sign is appears to be consistent with the Conditional Use Permit standards, staff believes that the applicant has a reasonable opportunity to construct a freestanding business sign that is less than 7 feet in height that could advertise for the golf course. The appropriateness of a pylon sign on the subject site is considered a policy decision to be made by the Advisory Planning Commission and City Council. /~7 Planning Report - Parkt•iew Golf Club CUP May 23, 2002 Page 6 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for the installation of a pylon sign 10 feet in height on property located at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club) in the NW '/4 of Section 34. 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 after City Council approval. 2. A sign permit shall be issued prior to installation. 3. The sign shall maintain 10 foot setbacks from all property lines. 4. The sign shall be limited to 56 square feet in sign display area. 5. The sign shall not obstruct pedestrian or vehicular visibility. 6. The source of illumination for the sign shall not be visible to vehicular and pedestrian traffic with the use of a landscape screen. 7. The sign shall be externally illuminated. 8. Concrete curbing stall be installed around the sign area to delineate the landscaped area. 9. All nonconforming temporary signage shall be removed from the site. 10. The applicant shall demonstrate that the pylon sign maintains a 300 foot separation from another pylon sign. /rg FINANCIAL OBLIGATION -34-CU-09-04-02,1310 Cliff Road Parkview Golf Club C-U-P Lot 1, Block 1, Parkview Golf Club There are pay-off balances of special assessments totaling $24,767 on the parcel for which the conditional use permit is requested. At this time, there are pending assessments of $158,245 on the pazcel for which the conditional use permit is requested. This pending assessment is related Project 680, Cliff Road Upgrade. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges 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 USE RATE QUANTITY AMOUNT None $0.00 TOTAL $0.00 A condition for the approval of this Conditional Use Permit is the acceptance of the assessments related to the portion of the project related to utility improvements. //9 Location Map Q Esgan Boundary Street Centerline Parcel Area F`' ':-•1 Building Footprint i~~ ~~ ~~ \~~ ~ 'J ~ ~ ~.'~'~'" J• Development/Developer: Parkview Golf Course ~ Application: Conditional Use Permit i Case No.: 34-CU-09-0402 i Map Pnparetl uelrq EftSl AreYww 7.1. Parch aN rtyp WH provided ay W kola County Lang Survey Department arM is ewnnt as of MarcA 2002. Clt~/ Of Eagan - THIS MAP IS INTENDED FOR REFERENCE USE ONLY ~~ ~' The City of Eagan and Dakota County do not guarantor the accuracy of this Information and are Comm.rrty o•vropmant o•panment not responsible for errors Or omissions. 5 1000 - 2000 Feet ---- - 0 -------,~ --- -- Current Zoning and Comprehensive Guide Plan Parkview Golf Course Land Use Map Case No. 34-CU-09-04-02 Zoning Map Current Zoning: P Public .DO o .~ ,aaa ywt ii ~ ~ ~~ .~ Location .~ p ~ I ~ E ~ ~ R.1 II i i I ~ p E m p p A t I R' r I ~ i' I t~ I~1ti Comprehensive Guide Plan Land Use Map Current Land Use Designation: P Park and Recreational Open Space aoo---- _ ___o aoo__ -- tawr«t ocation DP I I ` P I ~ ' , i l D m p p r ~, I ~~ !' E i I ~ p i ~ -arcal Yaw mad Yt/atnatba irrevNadey Dakota Ceanry Land Sway De0aKatatt Aptlt 2002. inn1n01n/em..tbn ,nalntabN ayLMy StaK City of Eagan Zi THIS MAP IS INTENDED FOR REFERENCE USE ONLY U Community Development Department The city of Eagan and Dakota Cotnty do not guarantee the acetracy of this intortnation. vim., ~~.~ `~tl~~~ili'~ i.31~.1G t~! ~I~,~c + f t ~ ~. t. ~ ~ •{4 T~r'` {{ t ~ ~.-L. I,...i.,r•t.~,nnrtrrnt ~ 4~ J ~ , ~~~• , -AlIKNO ~ ~,i I ,.. t is I?{,.{uq{{{{{{{{{jj~ j ~ a ~~ ~ .E~„ \ ~, _ ~t .o ...~ , 6 / ~ r ~ ~ / l.~ .~ i ~ , .N I - ~oro.a f ,~~. `~ PROPOSED PYLON SIGN LOCATION ~ r ~~~ ,~ ~ ~~~,, ~\ t ~. M ~ ` ~ ~L ~ ~~ ~~ I ~~~ ~~~, ~ r • M r t ;1; { ~ ~ ' • Lry(~~ ~ w ~ ! 9 I ^ ~- +~ ~ ry ~ ` ~ ~ + • i . ~n 1 -r • -. c ~ ~ ~ ~ -~ • _ ,. -, •' a J' I ` •- ~ ~ ~ ~ ~ ~ , W' L~,_J I ~ •~ •® ~ ~ Imo. J l • ~~J t0 a • tt N b N! ~~~ t • ~ ~, • Iff r - - t'7 • ~ N / A ~~ 0 -- - • N ,. .t . S . v. ~.:~~~, ~'r (/\~/l ~J ~ ~= ~,~ ~ ~-~ -~ _ :,l 1 ~ ~ ~~~,'~ _. . , r~~~ 1 ~ - ~ 1 ~ ~ 0 d - • - i n ~ •j ~ > ~ N ~ i ~' w ® ~. m L- s a _. .. ~ • • 1< f i~X pJ • • ~~~ ti ~' • • caw a+weniv_M[ws tfll[lll ~MQL. . ... ...... .... t ],~M ]J7 q A. *Oll.~-tAr ~MQlS ,] ~ +Y ....... ..............! ~1]1r w A. .u[ vt~I OQI Ru\ ~ ~\\fil •~ ....... .... _..........= 7T~,N] w M1 •afM[701 M\MLL CA.7 W ul\]1d r...... _... .....__.._t ,N.N7 w M1 H89~)4j0'58®'E 1339.17 •~ • • v~ ®F~ _ LA • °M.-Nl: ~a, .«eeMr«LL- Parkview Goif Club ~~T7M.,tw\e«n.loi «L sou ioo 1310 CI(ff Roed, Eagan, MN 55123 /za `~ Cam' Site Plan ;1~ ~. ~... _, I `~~ i i LL.. ~~ ' J ~ J ~ -T ~ f ,:, _. . : ~ <. ~ - . , J ~~ ~-+ ~ y ~ H a E ,,~ .^ _ ~ ~ a V =-; ;, ~, - = - - - ~ z~ z ,, ____- --- ~; 1 J ~v ~%~' A r s `~~~~ ..1 ~t I ~ ~~ 1 ~, ,~ ~~ Y of i >~ ~ <~ -~ Q ~ y,= ~~ s . ^, s } a3 _ _ _ _ r V - 5' -_-- ? ~ - ; f, _ _ C - . [ ~, _ ~ - ^ - ~ ~_ } ` . ~ ] - ~1 S7 j - - 2. - _ ~ ~ ~ -_ ~ Y(~J ~ ~ ~ ~ ~ ~ ~/ ~ r Y ~ ~ J '_;L3~_. ~tl SITE PLAN ~.... ~..~. . ~-- ,~-- .~ 0 ,, 0 .- 0 r- 0 -t~vo 5tb~ Noa-~tc~-1~ - •b~ 5sc-~ • ~1 Mr~D/~/oK. v~ ntyk. • ~.uMiNVM F~lrN~t ~~. Com am Proit:ct '~ ~, (~ ~ ~ ~ ~PPro~cJ ~y ,~ddrcs, 3 ~ CL1~F ~„~ ura N;r:_ ~PGCori7o2KK R'~ Ci W Zi 23 - te 1C]:~ y„ / ~o. r.~~......r.... ... i1M\MI\~r\•ItE UI•r.K+NMafa.u NAITTE\DIME\~IU~~-... ..... ..... ..r i).71t Z ~~ ' ..,. ., ..... .... .,~.,.. ,. , K.IW J~>,wua... aJ Jn .,. ,e.... ,. a.ud..n,.~. nuup..~. r,. a •. s gale ~ ~ E . .. .. ....r.. ~.. ..~. ... .. . w..In-.q...d.,.p. .i ,~ ,. .,v .....e... ... .«P.e..e~. ~ .. ire i. .. 1,e.•re^ n .ne .no .,..1r.. •.. .. .n .. .,,,. .moo"... ~., i .....~ ........., .. Dcsl_ncr j ....w .... ~... ........ ..~.... ..a ~., r~It.~Htu ~u.. r,,..... ~.,.,...,. a.~,r. •,.~i 4MrllA ~l E •dl .. be.. ~14w NID <I f.~.rf ..~ ..J .tltlu eua v.. PJL'C ~ 1N ~ t':I:: ~ /i 8-0 ~ . ~~(~ PROPOSED PYLON SIGN ~ ~ .. ~- v l ~ N~ ~ `~ s .~~"'~~..; is ~rU c~ ~ ~ ec7rrri~ti:i?_'l~`C ~~, ~ --~, ~ J / ~ ~~ ,~ r ~-~ f ~~ . ~ ~. ~~ ,, .,~ _ ~ ~,~. ~~, ~ ~ ~ - lam' ,,~, ..~ ;~ i~ L~~ ~ ,,L~i ~~r~~~~~~~~~ ~ ~ ~ ~~~ ~ ~~~~ ,,. r ~~ ~~ f~ Agenda Information Memo June 4, 2002 D. ORDINANCE_AMENDMENT -CHAPTER 5, SECTION 5.02, OF THE EAGAN CITY CODE ENTITLED BEER, WINE AND LIOUOR LICENSING AND REGULATION REGARDING HEARING PROCEDURES AND CIVIL PENALTIES ACTION TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 5, Section 5.02, entitled Beer, Wine and Liquor Licensing and Regulation to clarify the hearing process and penalty provisions and to change the civil penalties for violations in the sale of alcoholic beverages. FACTS: • In processing a recent liquor license violation, questions arose regarding the interpretation of the relationship between hearings and penalties, the role of the administrative hearing officer and how penalties are determined. Staff also conducted research with other communities and determined that the administrative penalties in the Code were quite low and probably should be increased to more accurately reflect the implications of the liquor license violations. • At the March 4, 2002 City Council meeting, the City Attorney's office was authorized to prepare an ordinance amendment to Chapter 5 to clarify the hearing process and to change the civil penalties for violations in the sale of alcoholic beverages. • At the Apri12, 2002 City Council meeting, after approving the civil penalty and suspension of a liquor license for an on-sale establishment in the City, action was taken to review the liquor license issue pertaining to civil penalties at a future Special City Council meeting. • After reviewing this matter at the May 14, 2002 Special City Council meeting, the City Council provided further direction to staff regarding the final draft ordinance amendment to Chapter 5 of the City Code regarding beer, wine and liquor licensing to clarify the hearing process and penalty provisions and to change the civil penalties for violations in the sale of alcoholic beverages. • On May 20, 2002, a letter was sent to all liquor license holders in the City of Eagan informing them of the proposed changes to the City Code to be addressed by the City Council at the June 4 City Council meeting. ATTACHMENTS: • Draft Ordinance Amendment to Chapter 5j ~a~es through ~. • Letter to liquor license holders on pages ~'-~~- ough ~. /d6 DRAFT - 5.6.2002 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.02, SUBDIVISION 4(G) and (H) REGARDING LIQUOR LICENSE VIOLATION PENALTIES AND HEARING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 5 is hereby amended by changing Section 5.02, Subd. 4(G) and (H), to read as follows: «t," a « ..a «i,., ~_n« . ..1..+:,... «,. >,^ n ..«„a .,., a nl...ll .., .. 1,° >+„ n°a .. .,i° .,a.,_ . Tl.° '-1..,+ l r i ' ^ "' r t. , a:a ~ « 626 " > ~86 i 8r > :+ ~ n ,.1., ~i$ r~ ~riuc-n srr - nc -e6i~C- -iro '~ -Tiv: c k6irv: o-nvr I G ii r , .. , ~7V-S OTJCT{. CIG IIZCI'IL- l[CQITIT6- GTCISiII I I . av vv. ..+..v. as .... .-. . b .-..... ... ...v f 1 «' nl...ll «., 1, ..FF ,.« :1 ~';., °a „t :l *1,° 1: " • l.n 1,° _ef o ia`~II e 4, .:ana F .:., «l,:n n,.L,..., _.,.....,.,L, ~ CII~.1. 1, °., _:.+.. nl.. ,ll 4.,. ...,11" ~~_ni a La., «L.n .. ..:1 b D ' ° Di vi ^ apViT7rC'IC[CiT-I7VCIGC C~ZTI .rITGG1 ;,. _ n «,.n„ ~~ TJCC j +^ +,, GQ IiT- GT^r ri ~ pCl~' -fat ~iv. OT a...~~ •aa~a. •.va a,...r..r aa .aa.a a.i .~ ~ ~e~ee~ Ba n g 1=IG. 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, +~° ~'~~~ -~"~' ~°~~^'~° _, a civil penalty of ~S:AB$500.00 for the first violation, ~A8:89 1 000.00 for the second violation within a 24-month period, and ~8:A8$1,500.00 and a seven (7) day suspension of license 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 ^'"`'^" "~+'''" ° ''^ ""`;-°'"'" /a~ DRAFT - 5.6.2002 Notwithstanding the foregoin civil penalties, a civil penalty of $2,000.00 and 30 days suspension of the license, unless a greater civil penalty, suspension or revocation is otherwise determined by City Council, shall be imposed upon a licensee upon the fourth or more violation within a 36-month~eriod. The foregom~ penalties shall not restrict the City Council from ordering the revocation of the license, suspension of the license for up to 60 days, a civil penalt~~to $2,000.00, or impose any combination thereof. 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. li..o.,~~.l,~ll l~.o ~ ,~,~,o,1ae.1 ~ .. «.,+ le~~ +1,.,., ~ ., .a.,.,~ H. Hearing. No suspension or revocation of a license or civil penalty under this Section 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 fie-(3~ ten 10 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 appeaz 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. If the licensee timely requests a hearing, the hearing shall be held before the hearing officer within 14 days of the date the licensee files a request for hearing with the City Clerk. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions as to whether a violation has occurred and the penal imposed as authorized herein. If the hearing_involves afourth or more violation by the licensee, the hearing officer shall present his/her written findings of fact and conclusions to the City Council for its consideration of additional penalties, including revocation of the license. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council ia8 DRAFT - 5.6.2002 By: Mira McGarvey Its: Deputy Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Patricia E. Awada Its: Mayor ia9 city of eac~an PATRICIA E. AWADA Mayor PAUL BAKKEN May 20, 2002 PEGGY CARLSON I CYNDEE F[ELDS I Dear Liquor License Holder: MEG TILLEY Council Members In December of 2001, you were notified that the City of Eagan officially assumed the administration of civil penalties for liquor sales violations. At the June 19, 2001 City Council meeting, the following civil penalties were approved: THOMAS HEDGES CiryAdminiscraror $75 for the first violation. $200 for the second violation within a 24-month period. $250 for a third violation within a 24-month period. A fourth or more violation within a 24-month period shall be subject to a civil penalty as ~ determined by City Council resolution and suspension of the license for not less than Municipal Center: seven days. 3830 Pilot Knob Road Since that time, the City has re-evaluated the civil penalties currently being assessed and has Eagan, MN 55122-189? ~ determined that they do not adequately reflect the implications of the liquor license violations. In Phone: 651.681.4600 addition, the administrative penalties are lower than the penalties previously imposed by the State Fax: 651.681.4612 ~ of Minnesota as well as other municipalities. TDD: 651.454.8535 While the City understands that alcohol plays a legitimate role in our society, compliance with sale of alcohol laws is a concern in our community. The sale of alcohol to minors is a problem ~ that must be addressed in order to stop our youth from making poor choices and becoming Maintenance Facility: i addicted early. Research indicates that a very effective prevention strategy includes compliance 3501 Coachman Point ~ checks regarding age of purchase laws, efforts to hold adults who provide alcohol to minors accountable for their actions and consistent zero-tolerance and DUI laws. One way to prevent Eagan, MN 55122 youth alcohol abuse is to review and address community policies and practices that promote or Phone: 651.681.4300 restrict youth substance use. Fax: 651.681.4360 Most liquor licensees in the City are considered to be highly responsible and contributing TDD: 651.454.8535 members of our community. In an effort to assist business owners in this endeavor, the City ~ strongly advocates educating clerks on the importance of restricting youth access to alcohol and has jointly sponsored alcohol server training sessions in conjunction with Dakota County. Our www.ciryofeagan.com ultimate goal is 100% passage of compliance checks by all businesses within Eagan. However, when a failure has occurred, the City wants to ensure that the civil penalty appropriately addresses the infraction. After reviewing the current penalties at the May 14 Special City Council meeting, the City Council determined that the penalties should be revised THE LONE OAICTREE and directed the preparation of a final draft ordinance amendment to Chapter ~, Section 5.02, Subdivisions G and H. The penalties proposed are as follows: The symbol of strength and growth in our ~ cornmunirv /~ $500 for the first violation. $1,000 for the second violation within a 24-month period. $1,500 for the third violation and aseven-day suspension within a 24-month period. $2,000 and 30 days suspension for a fourth or more violation within a 36-month period. The ordinance amendment will be considered at the June 4, 2002 City Council meeting under New Business. The meeting will begin at 6:30 p.m. in the Council Chambers at the Eagan Municipal Building. If you have any questions regarding this matter, please feel free to contact me at (651) 681-4634. Sincerely, ~. J~G~ Maria Karels City Clerk/Administrative Services Coordinator /3/ Agenda Information Memo June 4, 2002 E. ORDINANCE AMENDMENT -CHAPTER 5, SECTION 5.81, OF THE EAGAN CITY CODE ENTITLED BEER, WINE AND LIQUOR LICENSING AND REGULATION REGARDING CONSUMPTION AND DISPLAY LICENSE PERIOD ACTION TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 5, Section 5.81, entitled Beer, Wine and Liquor Licensing and Regulation to place the annual Consumption and Display licenses on an April 1 through March 31 license year to coincide with the State's license year. FACTS: • Chapter 5, Section 5.02 states that all liquor licenses shall be issued on a calendar- year basis (January through December) unless otherwise specified. • The City approved its first consumption and display license in 2001. This particular license requires final approval by the State. The State's term for consumption and display licenses is from April 1 through March 31. Providing for the same license period as the State would facilitate the renewal process each year. • At the May 14, 2002 Special City Council meeting, the City Council directed the City Attorney's office to prepare an ordinance amendment to Chapter 5 of the City Code regarding beer, wine and liquor licensing to place the annual Consumption and Display licenses on an April 1 through March 31 license year to coincide with the State's license year. ATTACHMENTS: • Draft Ordinance Amendment to Chapter 5, page ~~~ /3~ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.81, SUBD. 2, REGARDING CONSUMPTION AND DISPLAY LICENSE FEES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 5.81 is hereby amended by changing Subd. 2, to read as follows: Subd. 2. Consumption and display license and license fee. The annual consumption and display license fee is $300.00. The term of the annual license shall be effective from Auril 1 through March 31 of the following_year. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk By: Patricia E. Awada Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: /33 Agenda Information Memo June 4, 2002, Eagan City Council F REZONING AND PRELIMINARY PLANNED DEVELOPMENT, AND UTILITY EXTENSIONS -GIFT OF MARY ACTION TO BE CONSIDERED: To approve a Rezoning and Preliminary Planned Development (Gift of Mary) for a children's home and school on 35.5 acres located at north of Hwy. 55 and south of Lone Oak Road adjacent to the Inver Grove Heights border, in the NE '/4 of Section 12, subject to the conditions listed in the draft APC minutes. To receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 874 (Gift of Mary -Utility Extensions). FACTS: Rezoning and PreliminaiyPlanned Development • The site consists of five existing parcels, which will be consolidated and platted into a single parcel. There are four existing houses on the site, three of which will be retained as guest and staff residences. • The land is wooded with gently rolling topography with areas of steep slopes, and contains some wetland areas. The site has a significant topographical change of over 90 feet. A gas pipeline runs though the property northwest and southeast. • The proposed development is a residentiaUschool development. Twenty new two-story residential units are planned for the northerly portion of the site. In addition, a 95,000 sq. ft. school and community center building is planned on the southern portion of the site. Several playgrounds and sports fields are also incorporated into the plan and a pedestrian walkway system is planned throughout the site. • The proposed use would be considered consistent with the Limited Business zoning district, which is identified as one of the zoning options compatible with the land use designation in the City's Comprehensive Guide Plan for this area. • Access to the site is proposed from Lone Oak Road to the north and Hwy. 55 to the south. • A stormwater pond is proposed to be constructed in the southeast corner of the site adjacent to an existing wetland. • Approximately 20% of existing wetlands will be impacted, and a wetland replacement plan has been submitted for review pursuant to the requirements of the Wetlands Conservation Act. • Tree removal is approximately 45% of significant trees, as compared to the 30% allowable removal. The tree mitigation plan will need to be revised prior to Final PD approval to ensure that full mitigation amounts are satisfied. • The APrC recommended that this development be responsible for full parks and trail dedications, with the park dedication being deferred and collected if the land use changes in the future. /3y • A frontage road will be required on both the south side of the site adjacent to Hwy. 55 and the north side of the site adjacent to Lone Oak Road, and may require modifications to the site plan to accommodate the frontage roads. • Sanitary sewer and water main are not readily available to the site. The applicant has petitioned the City for extension of municipal services. • The APC held a public hearing on May 28, 2002, on the proposal and recommended approval of the Rezoning and Preliminary Planned Development. Utility Extensions • On May 2, 2002, City staff received a petition signed by Mr. Richard Copeland, representing Gift of Mary Children's Home, requesting the extension of public sanitary sewer and water main from the Louis Lane intersection with Hwy 55 and public water main from the Lone Oak Drive intersection with Lone Oak Road (County Road 26) to serve the Gift of Mary development proposal property. • One of the conditions of approval of the proposed Rezoning and Preliminary Planned Development is that the Council approval of the public improvement project and award of a contract for the extension of these petitioned utilities. • Based on the potential benefit to other adjacent properties along both Lone Oak Road and Highway 55 for the extension of these utilities, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ISSUES: Since the project would be exempt from property taxes, the APC recommended that the developer negotiate a payment in lieu of taxes to the City, to be agreed upon prior to Final PD approval. The APC raised concerns about the small amount of parking provided near the schooUcommunity center. ATTACHMENTS: May 28, 2002, Draft APC Minutes, pages ~ through Staff Report and correspondence, pages through ~~ Petition, page through /3S City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 6 B. REZONING & PRELIMII~RY PLA~YNED DEVELOPMENT - MARY '" ' A Rezoning of approximate;~~;~,:;aLS$~;~tk#~;::~f{Agriculture)•to PD (Planned Development) and a Prelimiti~~~~iei#:~i~pment for a children's home and school, located betweeri~wy 55 and Lone. Oak Road on the Eagan/Inver Grove Heights border in the y~~•'/. of Section 12. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 23, 2002. She noted the background and history. •,:: Mary Jo Copeland introduc~c~~er tea~i:Ecf professionals and stated they would be .;.• ~: providing all necessary infott8~tion. ' Gary Gandrud, Faegre and $;~~?;~u~~~,~gd the proposed application. He requested that the debate rtof~:~ea~:~fA::~cs~:rsssi~, rather the rezoning and site related issues. He stated Staff s analysis has been found complete and precise. He discussed the site plan overview and stated the applicant would comply with all 47 conditions. David Engleson, Cunningham Group; ~A.t.~$, discussed the site plan. He discussed the floor plan for th~.bur~~~ei~fic•value, ratio of adults to children being one adult per appr~Xt'ilti' l:hree?::i<hildren, areas of interest and home elevations. He discussed tfie.;r_e~ai~der o$~~he property including play areas and community space, school and cai~i~i.~i~i#i~;~enter, overflow parking options, child to school staff ratio, potential property'i~P%fL~~~€ the use was to change and the ability to fine tune the design. ••• Michelle Caron, RLK Kuusisto LTD Project Engineer, discussed the engineering overview including: access to roadways, traffic, site elevations and slope, site drainage primarily to the sgy:;~yc~tlands,,tzee~, and woodlands, preservation of natural amenities/minim' ~ 4 ' "•"' s•~~i~s covers a ratio een s ace, balance of proposed faci with ~'•Servation of natural amenities, minimized wetland impacts, tree mit}~tion plamg,~ site design considerations and site design summary. Mr. Gandrud stated that the proposed'~'siX'jsei'cent building coverage is a very unobtrusive use of the land. He stated his availability to answer questions after the residents have expressed their comments and concerns. Chair Huusko opened the develoQment: j'• :~ U•• .... ............. ....... /3~ -- --~ City of Eagan Advisory Planning Commission N(eeting Minutes May 28, 2002 Page 7 • Eagan is a welcoming:~~munity for the proposal. • flebate should be limi~¢dao land use rather than the social issues. • Facility allows people~to~reach out to those in unfortunate situations. • Proposed use is permigJ~~i. 2tt-;::. "'.'., • Number of children iri;t~ie~gTOU ~ ~~asonable. • Good intention to serili~~ose in need. • Proposed plan is the 6fi~y workable plan for the children. • Positive history of Copeland's contributions. • Noble charity from the Copeland's. ,planned development: • Proposed environme#it'~s simil~C~o that of a prison. . • Segregation of child~et~.from;tl~,communit~. • Energy and resource~~~~7~~~t.8~~nprove the current foster care system. • Concern for safety of the children. •• • Lack of entertainment for the children. • Concern for the type of children being ,housed, and methods of crime prevention. ~•~ti:~::~ ~: • Proposal is not appro :~~Btfe according to the City of Eagan ..1:?z..... Comprehensive La:{~si`'~~ii. ;; .. • The organization has ~;i~.ec~•.uSes, 12dcivever is not qualified as a mired land use. • Light pollution and danger to wi1'tlf2€e; • Tree loss. • Concern that conditions will not be followed. • No benefit to the City of Eagan, the children housed or the County. • Creation of gated community. • Harmful noise to th~:~lii~u by,.ai:tt. • Lack of elevator pi;~vr c~i',t~=cv#fI'Y~iysical disabilities. • Vagueness of plane' ' ~c~fi .,•.•. • Lack of forum for;~~ues oth~8ian zoning. • Changing of fund~tig;~l's;?.;~:::: ~:;r.:.;. • Undetermined ages'o#"fiou~~Q`C~il:~i--~ • Ignoring the concerns of the surrounding communities. • Lack of plan if complete funding is not achieved. Concern for costs being forced on taxpayers and tl}~ s1,;hQo1 district. ~~~ •'''''' ~ "'~'~~" ould be s ent in other needed areas. • Lack of affordable )~vtileg~~zinsf~~',s,~t p • Proposal being co.~fed too~sobt~k~3,pt enough public discussion. ' :;ti• : ::... ............ ....... /37 City of Eagan Advisory Planning Commission ti(eeting (Minutes May 28, 2002 Page 8 • Concern that stress wi:11:.t~e caused to families without transportation to the - facility to visit their ~h~3dren. Lack of plan to help rebuild and reunite families. "' ' • Lack of pazking fot::gir'~~j~v~~:•~e. graduations, conferences, seasonal programs, etL~j' ••• •••••••••••~ •••~~% . • Time expectations. Hbti~zoning will remain, if the facility is not built. • Lack of documented ~e~d for this type of facility. • Liisdedication of funding. • Single religion orientation. • tieed for open play space for children. • L,~nethical and plannddt~estructigA of children. Institutional style raising of L ::•. children has been prgr- ineffti<tsve. . • Existing foster homes: for Af~e~tt American children.aze not filled to capacity. .....:...... ''•.:• • Responsibility of the~7lt,~?:tilc'}~:~CiE3S3dns based on the social issues. • Proposal being similar to invisiti~e fencirig' • Children suffering from issues that cannot be resolved in an institution will lack care. • Lack of secure base for the children. • Children being victimized twice.:!}~:~i~tg removed from their original home and placed in an mg't~tR~i,~lrisfitutional environment. • deed to focus on tl~:~i~~~df~perrrent homes for the children. ,~. • ~;eed.for joint meetings;t~r.~elp chi~!-en in the best way. • Plan does not allow ~A~ii~#:1?kr#~etiCans to "take care of their own children." • Information as to what works for the•cliil3ren has not been determined. • Current foster care system is working for most children. • Only selected children will be cared for. • Lack of plan for medical caze. • Population of childlett:3~if~t~n gesd:2g:~tbddle age teenagers. • Lack of plan to ca~;r~cfiirii;'s iridiviaual needs. . • Concern for the q~af'rty of pe~iittnel who will operate the facility. ~•~' ~ e env ~t$nent. ' • Lack of structure ttf~ i#.;: , • African America3~~;i~ift1;':,ts~pd;:;:to;:.~e raised as African American children. r~...... ::•:... ......... . • The lack of trust that children will have. • Concern for the safety of the children housed in Copeland's existing facilities. There being no further p~t#i43~~~binmeiit; ~.•c Huusko closed the public hearing and turned the discussior#~#k to the Comri't}~8ion. ~.• f: :t ti•• .... ............. ....... City of Eagan Advisory Planning Commission i~feeting Minutes May 28, 2002 Page 9 NIr. Gandrud stated weeks ev~~d be spent debating the social issues but the question before the Commissar: was one of land use. He discussed the parking concerns. He discussed the land that would be available if parking needed to be expanded. ~ '' ' "" ' •. ..... .•.......... :f5% Mr. Engleson stated the furtlibstwalking distance for the children would be 300 to 400 feet. He explained that~~~faff and students would primarily live on site, reducing the amount of cars. He stated the ball field could be used for aver flow parking. Ms. Caron corrected Mr. Eng~son and stated the furthest distance for the children to walk is 960 feet. She di iayed az that would allow for additional parking •: near the school. She stated i~,#lildren g in the area would not 6e allowed to drive; therefore additional caiS'will no~~2 an issue. ' Member Gladhill stated eig2i'l:'~v3~itor~~par#fi~~~:~s~ia[ces are not adequate for 200 children. Mr. Engleson stated the eight visitor pazking spaces aze for the school only; other visitor spaces aze located in the residential areas ;.; Dick Copeland stated the rpk~:~ilf:;fiC~iildren's pazents will have had their parental rights terminated i:t~ie 'children buld not be receiving many visitors. Chair Huusko asked if the childi~eii:~:~i~iak#;;be segregated from the rest of the community. Mr. Copeland stated the plan is to have the children integrated into the community as much as possible. He described the individual homes as operating in a fashion similar to a regular family. ~:; Member Gladhill asked if:~~ir:oi#i~~i~earquipped to take caze of children .:... with disabilities. ~:. ~~ir~ Mr. Copeland stated the ~~ili~c.:txe`cukl not be specially equipped to take caze of children with disabilities......... ~:... '` Member Kaess questioned the economic liability of the City and taxpayers for the facility. Mr. Copeland stated the fa~'~{~~s~~~f~.~~.~tely funded and City of Eagan would not be held responsible i~:€3t~ire was to ocd~t~;.:. Member Bendt asked abthe phases of de~jippment. ti~~ .... ............. ...... /.~9 - City of Eagan Advisory Planning Commission !Meeting titinutes May 28, ?00? Page l0 lVir. Copeland discussed the ices of development. He stated it could take two and a half yeazs for the develc~men to be completed. He stated the school and a couple of homes would be de~~ip!~c~:~~ '•"'•~':•; ' ...:.:. ................~f Member Gladhill asked wher~',~e children would come from and if they would be cared for on a permanent or~tetriporary basis. He asked what degree of troubled children would be accepted. )Viember Steininger asked how the children would get to other facilities in Eagan, with the only trails being on~i~. ;~t: Mr. Copeland stated the posility fo~SS',blings to remain together is greater with this type of facility. He discussed the }~i~ibility of the facility to~caze for different types of children. He expl'~i3p~~~#~i:#.:~2c~~#~,would not be a treatment or detention center. He discussed"t['ie~'~ci~feiif'~~o~izr caze system and stated this facility would be more stable. He explained that the cazegivers will have vehicles and will do the same things as normal families. He explained that with the improvements to Lone Oak Road, the children would be able to bike to other azeas in Eagan on the trails that will be installed.~re. iv1r. Gorder discussed the.:ug~:~~ ~d ~ for Loan Oak Road and stated construction is scheduled tai~gih'in the y ?005. Mr. Ridley discussed the applicatioti'~~3sAC~~s.~ie stated he is not able to comment in regard to the exemption of property taxes:~~~~::::: Chair Huusko questioned the phase for staffing of the school while the development is still in construction. He further asked about large numbers of troubled teens banding together :and forming harmful groups. :~ Member Segal questionee~~7ft~iis' a~ ~i~$=-considered less segregated, more scattered homes. ~:~ • ~;r • Member Nosbush inquire~i~e?~~ety,;p~xhe residents. Mr. Copeland stated the school district •'and the State of Minnesota have regulations that must be followed, similar to a regular school. He explained that the organization will be exempt from property taxes, however a payment in-lieu of taxes could be made to t~;;,?£~',.'¢:;€c~~;_;~e cost of City services. He discussed scattered housing and st~,#i!e~'~i~tC;~tas been considered. He explained education concerns with ~3ie:~cattered hou~jsg:xnethods. Mr. Copeland responded to the concern for the sa~~~y~of the residents ~d stated the children are not placed f:.. in the home because the},:;~re troubled, but pause the parents have tailed them. /~o C ity o f Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 1 1 He explained the amount ofsafpervision in the facility and stated the level of supervision will prevent anv ttart~le making groups from forming. I~trs. Copeland stated •the chit:~q@fA~'CtttQ '$afe and do nbt want to leave her other facilities. She stated: lfie$~'~voll2c~'ijdi}i~'c'~+ftffthe troubled children. .r In response to a question ruing public improvements, Mr. Gorder discussed the potential for property assessments for the adjacent property owners. . Chair Huusko asked if the roadways are equipped for buses. ,.,::,` a:~: Mr. Gorder stated the roadwt are eq•ped for buses and emergency vehicles. Mr. Copeland stated that a''ihedical d~ergency would be handled in the same manner as a regular househq~i# Member Nosbush moved, Member Kaess seconded a motion to approve the Rezoning of approximately 3~.~ acres from•A (Agriculture) to PD (Planned Development) and a Preliminary Planned Development for a children's home and school, located between Hwy ~~ and Lone Oak .1~;iad on the Eagan/Inver Grove Heights border in the NE '/4 of Section ;la'~sct,c't:~o the following conditions as amended: 1. A written Preliminary >~#a~~'~eveloent Agreement shall be executed and recorded with the County. ac:'~lar: s ofi~ce and proof of recording provided . '~:~ to the City. Platting 2. The property shall be platted. • •' 3. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 4. This development shall•t}e~'z.~~0-fgokage and utility easements centered over all iot li$~t~a~d;'ri#J~~~titt~~l~ere necessary to accommodate existing or proposed i.iC~~ities for 'snage ways within the plat. The development shall ded~~te easets of sufficient width and location as determined necessary~~~?~~,~i~tetlg~x~ndards. S. This development sha~~:ioi~;#~i'~:Q¢ financially guarantee the acquisition costs of drainage, ponding, and utility easement in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as.Q~c'~pto,.service or accommodate this development. .~`~~ 6. This development sha{~;2~aicate all~pub~;tctright-of--way and temporary slope easements for ultima[e•development of aelj>#cent roadways as required by the appropriate jurisdictcC3js~l agency. r !5~/ City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 12 7. This development shall de~cate adequate drainage and ponding easements to incorporate the required hiwater elevation plus three (3) feet as necessitated by storm water .S~orage,yolume requirements. 8. All public and private stre~fsse;S~s3~~~nd utilities necessary to l: provide service to this deyel~pmerit Sli~•ff~'t#~~ti'"gned and certified by a registered professional ert4s:er in accordance with City adopted codes, engineering standazds, guitft~ines and policies prior to application for final plat approval. 9. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be submitted at the time ~;~ssuanc~:of the first building permit, and shall not be released until one yea~~ter the of City certified compliance. 10. If any improvements are:#tjbe insti~l~d under a City contract, the appropriate project must be approvec'~''and award by Council action prior to final plat approval. t 11. This development shall lie"rei;ptiris'-2~ft~'i"tir't~rit+~eccquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Final Planned Development ~~ 12. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior, to issuance of the first building permit. The following exhibits ~..c~eGi~S&iyG~or the Final PD Agreement: • Final Site Plan • Final Building EleueCoiis• • Final~Landscape/Tree~,gi.~lan • Final Site Lighting Plan „__• ,.. • Final Signage Plan ~ ... 13. This Planned Development is for a children's home and on-site school and community center. The Final Plans shall reflect no more than 20 new residence buildings and the schooUcommunity center building shall not exceed 95,000 sq. ft. 14. The school shall serve adi~:~i~=S~te r~sis~if~~~: 15. .•:: Construction of the sc~iaol/comm'~efty center shall be completed prior to .,.•: issuance of the fast ccate o}''{~cupancy for the new residences. 16. The term of this PlaniXit~dts3t~~be five years. 17. Any reuse or com•ersi0ft'o~tfie'p~fipefi~r~i~~cdifferent use shall be required to obtain City approval through the Planned Development Amendment process. Airoort Noise Considerations 18. The developer shall insure that the building plans, materials and construction of the building improverS~~L'f~;il;at they will provide an interior sound level of 4~ dBA as cfl~}y3'witfi'2r~i~o3sir level of 6~ DNL. r,.• ,~a - City of Eagan Advisory Planning Commission CV[eeting i~[inutes May 28, 2002 Page 13 Erosion Control 19. Erosion control practices e~ig}1 be properly installed and effectively maintained throughout the=fi~velopment process to prevent and minimize soil loss and negative impacts:;Ms>~J ~eQurces and water quality. Storm Drainaue f`••.... ..:r 20. The developer will be ressible for the construction of the storm sewer system from the new por~~ithin the development to Pond GP-3. Utilities 21. Public improvement projects providing for the extension of public utilities on both Lone Oak Road and Highway 5~ shall be approved by the City Council prior to final plat approve~.;!*or development of this site. 22. The water main extendei~;~frough c site between Highway 55 and Lone Oak Road should be construc#~ to Citjr~rtdazds for public water main and drainage & utility easerriei~ts shall: dedicated to the City. 23. All well and septic syste~s:.vs.u:,~he :d~~celc~prrtent shall be abandoned in accordance with City an+Fk~~tit~y$~i~:: 24. All existing houses proposed to remain within the development shall be connected to City sewer and water service at time of its availability. Access/Street Design 2~. The developer shall be responsible for the construction of a frontage road, in accordance with City engineering stand~c#3d the Highway 55 Access Management Plan, along tie ;et~,>!t~~s~?ttt#it~i'ge of the development. 26. The developer shall be xiss~ati#~t~' i~•~or ~}i2 construction of the frontage road ;;: along Lone Oak Road will~ir~,7~e: site, isi:;accordance with Dakota County standards. Emer~encv Access 27. Access to the circular drive azound the resid~itial portion of the development shall be modified and redesigned to allow sufficient maneuvering of emergency vehicles. The final design is subject to review and approval by the Fire Marshall. 28. The circular drive shall be;A~;vdified on the fin, al plans to provide a minimum 28-foot width, and the ~3~#~ 1:~~;$jabject to review and acceptance by the Fire Marshal. '~' .. ''•'=:~; ~ ' ~:: ~-•~ , 29. This development sh~I_~edicate~~ht-of--way for Lone Oak Road in accordance with DakcS~i~~;E~i3~ti~gl;~t~#~¢~cs. r.•: •: :•.••: • :.: ~ :: 30. This development shall ~e responsttii~'fvY~i~te acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. Water Ouality ,,. ;:::::~, 31. This develo ment shall L'f:~:~~ • ~'•~:+:!!ater quality requirements by creating stormwater treatment ~C~Si~iiy throug'~i~~~jnimum wet-pond volume of 1.9 acre-feet covering an~~ti'ea of 0.6 acres. ' stormwater treatment pond should be constructed accor to NURP standi~¢ with a maximum depth of six (6) :~ ~ :: ... ............ ...::ti~:. ly3 City of Eagan Advisory Planning Commission 1•leeting tilinutes May 28, ?00? Page 14 feet, a 10:1 aquatic bench,;~d an outlet skimmer according to City design standazds. Wetlands • • 32. Field verification of wetla,{~;d;~~i3~':~~ conducted iri May or June, before final acceptance o~~je'de[ineatitiir'tepott:' 33. The wetland replacement~il~ application shall be accepted and submitted, per WCA requirements, fora 30-day public review and scheduled for City Council decision no sooner than June 18, 2002. The wetland replacement plan must be approved by the City Council prior to Final Planned Development approval. ..:.. 34. With the exception of th4~ea adjacent to the constructed stormwater treatment pond, a minimi3t~ 30-foal:i~i?ide buffer of natural, undisturbed vegetation outside the batl~dazy of;~e wetland shall be maintained before, during, and after construction. Tree Preservation 3~. A revised Tree ;~fitigatiori'~'I~i'i''S#ialf'#~'~stt~ii~tted prior to issuance of a grading permit, or with the application Final Planned Development, whichever occurs first, demonstrating compliance with the full mitigation requirements. 36. The applicant shall fulfill tree presen-ation mitigation through the installation of one hundred seventy-six (176),~~t~~Cq~~~teees (or an equivalent combination of category;,4;,gi`~Rty C trees andlor cash payment). Mitigation shall be proi~ii~et~'rri additio$;sa required landscaping. 37. Tree Protective measures•€3;~gg.co~bred silt fence or 4 foot polyethylene laminate safety netting) shall •lie'fiet~i;Y~:~4;be installed at the Drip Line or at the perimeter of the Critical Root Zone:~vochiver is greater, of significant trees,~w•oodlands to be preserved on-site. ~~ 38. The applicant shall be required to contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of tb~:"f:;l?xotg~LUxt•~ericing. Park and Trail Dedication~:~: ~'`' ~'~~~:~ ~:::;: ~~~~~~~~= 39. This development sha#ibe respot~~sle for a full park dedication. The dedication shall be deed and~ll be collected if the land use changes in the future. s:~:~:'=::;:=:::~~:~:~:~~~':•:•:~:•::•:.~.;::: 40. The developer shall b~~re.rf~:~i~i~.iv35~i trail dedication at the time of platting, payable prior to release of the final plat for recording. Parkin 41. The applicant shall submit plans showing a parking lot layout in the proof of pazking area west of the s~1~io3l~~~4unity center. ~~ . a:: /S'S' _. City of Eagan Advisory Planning Commission titeeting Minutes May 28, 2002 Page 1 ~ -l?. The final site plan shall cl~t~x~strate parking lot layouts for the proof of parking areas, which can i'~'~2»rproved in the event that the proposed parking is in adequate for this use. Setbacks ~ l~ '~' ' 43. Building setbacks shall ngLbe'~less'fri~ii'#Q''ft~e#'fl`om the perimeter of the development site, includiq;~~rom the rights-of--way for the future frontage roads. Minimum setbacks''f~tween the residential structures shall not be less than 20 feet. Landscaping 44. In addition to the combined Landscape and Tree Mitigation Plan, sepazate ..• •. plans showing the mitigfi and t~e.landscaping shall also be submitted with the Final Planned Develoment. ~=~~~~ :;:::' 45. A more detailed Landsca~2; and M{fation Plan shall be provided with the application for Final Planned Deve~t~ipment. The Plan shall be signed by a registered landscape arcli~G~f;~~ ~f,~~,l~ic#~;ttnderlying grading contours and utilities, show plant quaritltie's';'~liti''d~ef~individual species graphically. The plan shall also include planting details and notes. Automatic irrigation shall be provided for all landscaped areas. ~~ Other 46. Details of the proposed signs should be reggited at the time of Final Planned Development. The monument sigv~:al3i~f#~~e::S~t back at least ten feet from all property lines, and the si$s3#IeSig~~ti~tCvmply with the requirements in the Cite°s Sign Code. ;~: 47. All requirements set fort1N~:~it~? ,C,;pde'~'ection 11.10, Subd. 24 shall apply to this development. The developet~~s~f~I~~itb~it detailed plans at the time of application for Final Planned Developiri~t,onstrating that these standards are satisfied. ~~~ 48.The developer shall provide adequate compensation to the City for the cost of city services, a payment in lieu of taxes, in an amount that shall be negotiated and agreed upon prior to Final Plat and Final Planned Development approval. Member Segal stated his Qjisitidi~~i3o'~~io~t~ver concentration of this type of .:.: facility in Eagan. He discti~`i3ed the wing regulations. He expressed opposition to the segregation of chi~en fror~.;~ye rest of the community. He stated he is against the "ghetto" effeg~:1i~;: „ ' t~ed~~i~ities that aze more spaced out. He explained that the propose~$#~~x~:;~:#m a land use standpoint. Member Stackhouse suggested amending condition number 15 to read: "Construction of the school/community center shall be completed prior to issuance of the first certificate ;e~s?CiC,y for the new residences." She also suggested amending condi~Gciit$2'~t~~t:e~4`;'~}~e final site plan shall demonstrate parking lot layouts for thd:~iDof of parkirig'~~s, which can be improved in the event that the proposed ga~~ing is in adequafi`'~or this use." She also suggested adding condition numbe~~',$ to state: '`The fatty must comply with the /5~s - City of Eagan Advisory Planning Commission Meeting Minutes May 28, ?00? Page 16 Americans with Disabilities Act;(ADA)." Lastly, she suggested that condition 49 be added to read: "The develQ:shall provide adequate compensation to the City for the cost of city services, a'p~yment in lieu of taxes, in an amount that shall be ..:.. negotiated and agreed,upon p~cA~:fi~:~it3t!'~al planned development approval." s~ ...... ............ ... r _ :•. Member Kaess expressed hi~~oncern with the ADA language. He stated the issue is already being addressed with the building permit process. Member Stackhouse withdrew her suggestion for an additional condition to address the ADA. ''~ •? }.•. L}}} ~':~ ~:. City Attorney Bob Bauer s>~€ed the amount of compensation for 'City services should be determined prior f~-4~e Fina£~.'~anned Development approval. Member Kaess explained thftl'-i~~:~ai#s~:property is mazketable as stated in the Staff Report. Member ;`iosbush pointed out that, on page five of the Staff Report, good ways to reuse the property are discussed. Member Bendt stated the A v •~~'~'~'~ d..ispt~~ts~'•~ommission is given responsibility to review the entire project::~9fated it ~:ilifficult to make a decision based on ,:. information that has been gixeR:':;:;)3e expi~6sed concern that expectations of the facility are unknown. ........... . Member Kaess expressed disagreement and•stated ample information has been given in the newspapers to educate the residents. He explained that the issue has been discussed since January 2002. He explained that the Advisory Planning Commission is only responsible to decide if the project fits the area. Member Gladhill expres~c~;:cfitt benefit the community dtii~i•the the burden of voided property tax realistic and the planned ~f3i3rrtgti; of information regazding ~uat he would vote against the propose development does not on the surrounding property owners and stated the pazking plan for the site is not are not feasible. He stated there is a lack who would live there. He stated Member Segal stated the proposed land use is a step in the wrong direction. He stated scattered housing is the txetar~;~.iticoncentrated facilities. 'r •i. Chair Huusko commend~~~'.taff ~on ~tlie'lpugh planning report. He stated the inadequate parking is an''rssiie that the AdviB~tty Planning Commission must base part of their decision o>3 ~e explained that ;fie children would need interaction :':' . t:• ~. t /5'6 - City of Eagan Advisory Plaruling Commission Meeting Minutes May 28, 2002 Page 17 with the rest of the communit~r:;:~-Ie stated the azea has not been zoned residential in the past, which is cause fai~;c~.uestion. He explained that once the children are moved to Eagan, they becott~~ ;1~ggan's children and Eagan will have a responsibility for them. He:Si3#~t3s: #~ ;~~cisory Planning Commission decided that the flight path was,~iot'fFie'~racP~ir$if~ type of development prior to this report. He stated the pla~~ould take millions of dollars to staff and millions of dollazs to maintain, beyorit~'~fhe amount to build the facility. He stated at one point, the residents are going to be responsible for the care of the facility. He stated a proposal for the structure; staffing and financial plan is needed. He stated he thinks it would be a good idea for something like this to be in Eagan, however this site is a poor location. ti• A vote was taken. Aye: Nosbush, Stackhouse, i~~~~~~At'.~ Nay: Segal, Huusko, and Beridl:' ' •' • • • • • • • Motion carried 4-3 Kathy Wojnaz •:b~~:~~:Road Jerome Wojnaz ~=~t7Q'Lone Oa~_~toad TimWilkin ~:F~:~~:;lfxug~~'obd Ponds Road Mike Maguire 332~''~~t~,r:; Dee Richards 4734 Ridgew'i~;~#~ii155122 John Cina 3400-3402 Hwy 5~' Dan O'Neil 4778 Slater Road 55122 Maxine Piekazski 3350 Hwy 55 » 121 Heidi Heacock 550 Loan Oak Road 55121 Lisa Dinzeo i~3~~imbars3to~;3.ane 55123 Don Elsenheimer 3~~'~~;e~i~tii7~'d~~y 55123 John Tracy ~'~ •' 2092 )fie Court 55122 Karen Swender '' 641 V~~rdiam Lane 55123 Elaine Evre F~acke~ Drive 55123 :.k3~a: Janelle Waldock ; ~==• ~=~3'~ ?dtii~ 55121 Donna Wills 888 Lakewood Hills Marilyn Lancette 1720 Crest Ridge Lane55122 Sarah Riley 4592 Cliff Ridge Ct 55123 lohn Nelson ,;64~~i~e:~lc Road 55127 Jeremy Irrthum ::~3$~~iiii~:~S~~ Deke Branchampkins _ _ ' 1260 Dunbet'~y~;ane ~ Mary Monahan 2840 Highviead=~~ . Rev. Ronald Slate ~ 1423 Penn Av¢~o, Mpls /y ~ -~ City of Eagan Advisory Planning Commission Meeting Minutes May 28, 2002 Page 18 Rev. Jerry Macafee M,~ls. John Wright ~~Q 31S` Ave N, Mpls Ian D Bernie 'f~~06 Aldrich Ave S Susan Ojeda-Collins _ :~:; Spike Moss f~t~i#~esrriic$t+~ Judith Kahn ~~Snopka Inst. - U of MN Sarah KHeil-Brenny stings Lynn Daniel 910 West Broadway Denise Orle NE Minneapolis, MN Enoch Harrison NE Minneapolis, MN Ed Joseph r:#~ver Grove Heights Sandra Masin f~:r~~95 Cai4~ian Lane 55122 Mazgo Danner ~~37 Fli#(rr#,ane Alice Kreitz ~ = ~~095 KilS$$ Road 55122 R. Tholsbin ~; :c~~t:A,~.~ Mpls Karen Ollie • ~ ~4~iT~~{~C¢ Jon Voze 6965 Arkansas Ave. Joe Kroll North American Council on Adoptable Children Halisi Edwazds H. Edwards Staten Associates Joan Janis Windsor Incorporated Limited ~f ~Y~'r • • • •:... .•r. ': r.•:.•. r,.at {: t~ :... ............ ........ ~~K PLANNING REPORT CITY OF EAGAN REPORT DATE: May 23, 2002 CASE: 12-PD-03-04-02 12-RZ-04-04-02 APPLICANT: Gift of Mary HEARING DATE: May 28, 2002 PROPERTY OWNER: RES Investment Co., LLP APPLICATION DATE: May 1, 2002 Herbert and Marilyn Legler Jeremy hrthum James and Susan Simonet Gerald and Colleen Mike REQUEST: Rezoning/Preliminary Planned Development PREPARED BY: Pamela Dudziak LOCATION: Between Hwy. 55 and Lone Oak Road adjacent to Inver Grove Heights COMPREHENSIVE PLAN: SA, Special Area ZONING: A, Agricultural SUMMARY OF REQUEST Gift of Mary is requesting approval of a Rezoning from A, Agricultural to PD, Planned Development and a Preliminary Planned Development of approximately 35.5 acres on property located south of Lone Oak Road and north of Hwy. 55 bordering on Inver Grove Heights in the NE '/4 of Section 12. AUTHORITY FOR REVIEW Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; /5'9 Planning Report -Gift of Mary May 28, 2002 Page 2 (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject site contains three single-family homes that were built in the 1960s. The property is currently zoned Agricultural. The land use designation on this property has changed in the past three decades from residential of medium density (6-12 units per acre and later 0-6 units per acre) to Rural Residential, which guides future redevelopment away from residential use and toward office, commercial and institutional uses. EXISTING CONDITIONS The subject site consists of five parcels. Three single-family homes and associated accessory buildings are located on the four westerly parcels of the subject site; the easterly 26-acre parcel is undeveloped. Two of the existing homes are proposed to be incorporated into the site design and used as staff and guest residences; the third will be removed from the site. Existing wells and septic systems will need to be abandoned and connections to municipal utilities provided. The land is wooded with gently rolling topography with areas of steep slopes, and contains some wetland areas. The site has a topographical change of over 90 feet. The northern one-third of the site generally slopes to the north and the southern two-thirds slopes to the south. A gas pipeline runs though the property northwest and southeast. Access to the site is afforded from both Lone Oak Road and Hwy. 55. The site currently has a zoning designation of A, Agricultural, and a land use designation of SA, Special Area. The applicant is proposing a rezoning to PD, Planned Development and a Preliminary Planned Development to accommodate the mixed use and multiple buildings. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Guide Plan North Vacant PD, Planned Develo ment SA, S ecial Area South S-F Residential R-1, Sin le Famil Residential LD, Low Densit East S-F Residential; ElectricaUmechanical manufacturer A, Agricultural; I-1, Limited Industrial Low Density Residential; Industrial Office Park West S-F Residential A, A 'cultural SA, S ecial Area /So Planning Report - Gift of Mary May 28, 2002 Paae 3 EVALUATION OF REQUEST Project Description -The proposed development is a residentiaUschool development. Twenty two-story residential units housing up to ten children and 2-3 adults each are planned for the northerly portion of the site. Three of the existing houses on the site will be retained as guest and staff residences. In addition, a 95,000 sq. ft. school and community center building is planned on the southern portion site. Several playgrounds and sports fields are also incorporated into the plan and a pedestrian walkway system is planned throughout the site. The proposal is described as a "development where house parents, children, and some staff live and attend school without a need for transportation trips on public roads." It is staff's understanding that the school would serve on-site residents only. The existing five parcels are proposed to be consolidated and replatted as a single tot. Access will be provided from Lone Oak Road to the north and Hwy. 55 to the south. The proposed Planned Development is necessary to accommodate the mixed use and multiple buildings on a single parcel. Within the proposed Planned Development zoning, both the developer and the City have greater flexibility in the overall design of the development and typical zoning standards do not strictly apply. Comprehensive Guide Plan -The site is designated SA, Special Area in the City's Comprehensive Land Use Guide Plan. The Special Area designation was implemented in February 2001 with the adoption of the City's new Comprehensive Guide Plan. The property had been designated RR, Rural Residential under the previous Comprehensive Guide Plan. The RR land use designation was created following a study of the area, which until 1994 was designated D-II, Mixed Residential (0-6 units per acre). The outcome was a small area plan, which was adopted in 1994, and amended into the City's Comprehensive Guide Plan at that time. This small area plan was also included in the new Comprehensive Guide Plan, and although the map designation changed from Rural Residential to Special Area, the policies remained the same. In December 2001, the City rewrote the small area plan for the Lone Oak Area, which is now referred to as Special Area 3. Many of the Rural Residential goals and policies from the 1994 small area plan were carried over into the updated Special Area 3 plan. The Special Area 3 plan amendment is currently pending review at the Metropolitan Council, and has not been formally implemented to date. This plan, however, gives the best current guidance for development/ redevelopment in this area. The Special Area 3 plan includes many of the same policies from the 1994 small area plan. The eastern part of the area is identified for an O/S, Office/Service Land use designation, and Limited Business (LB), Neighborhood Business (NB) and Research and Development (RD) are listed as zoning classifications that would be consistent with the O/S land use designation. Additional policies state that the City will not support piecemeal development that would isolate existing residential uses, that rezonings would be supported in "areas of sufficient size to provide a cohesive development," and that "new development shall respond and strive to retain the natural features of the area ...." /s'/ Planning Report -Gift of Mary May 28, 2002 Paee 4 The vision for future development of this area has remained consistent since the adoption of the 1994 small area plan. Commercial development was expected to continue in the area, and that has occurred with the development of Oakview Center about %z mile west of the subject site (8 commercial lots on 17 acres). While future development oflow-density residential uses was determined to be incompatible in this area because of the airport flight paths and noise impacts, office, institutional and neighborhood commercial uses were identified as uses that would be appropriate and compatible with the surrounding area and infrastructure. Limited Business (LB), Neighborhood Business (NB) and Research and Development (RD) were identified as compatible zoning districts for future development. The proposal is a mixed use with elements that are commercial, residential, and institutional. Such uses are considered as permitted or conditional in the City's LB zoning district. Similar types of commercial/residential developments within the LB zoning district in Eagan would be Marice Manor, Gramercy Park, Robert Lewis Shelter and Mary's Shelter. As already stated, the LB zoning district is one of the zoning options considered consistent with the Comprehensive Guide Plan land use designation for the subject site and the proposed use is considered consistent with LB zoning. Compatibility With Surroundinu Area -The site is bounded to the north by Lone Oak Road and to the south by Hwy. 55, effectively separating this site from adjoining development to the north and south. South of Hwy. 55 is single-family residential development, and the property north of Lone Oak Road is currently vacant, and guided for O/S uses, similar to this site. Adjacent property to the east and west directly abut the development site. To the west is rural residential development consisting of single-family homes on large lots, zoned Agricultural and guided the same as this site -Special Area with Office/Service land uses specified. The east boundary of the site is also the municipal boundary between Eagan and Inver Grove Heights. The property in Inver Grove Heights is zoned Agricultural and Limited Industrial, and is guided Low Density Residential and Industrial Office Park. Aimort Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, multiple residential development and schools and institutional uses would be considered provisional uses, meaning that they must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level) as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL. /S~ Planning Report -Gift of Mary May 28, 2002 Page 5 Phasin -The Advisory Planning Commission and Council may wish to consider phasing options for the construction of this development. For example, to ensure that the schooUcommunitycenter is constructed, the APC and Council may wish to require that the schooUcommunity center be constructed before the new residences, or that the building permit for the schooUcommunity center be issued before the first certificate of occupancy is issued for any of the new residences. (See condition #14) The applicant has not provided detailed information about their phasing plan, but we anticipate the applicant will be prepared to address that issue at the APC meeting. Term -Staff suggests afive-year term for this Preliminary Planned Development. Reuse - At staff s request, the applicant's narrative addresses possible reuse of the buildings. In the event that the proposed use were to cease, some residences could be converted to independent senior living, and the schooUcommunity center building could be converted to assisted living, making use of the community dining and recreation facilities provided. Alternatively, the school/community center could be converted to office use, and the residences could be reused as single-family homes. In any event, the Planned Development can be restricted to only the specified use proposed, and any reuse or conversion of the property to a different use would be required to obtain City approval through the Planned Development Amendment process. Gradin -The existing site is lightly wooded with large variations in topography, and elevations ranging from 818 in the southeast corner to 910 in the east-central portion of the site. The northern one-third of the site generally slopes to the north and the southern two-thirds slopes to the south. Significant retaining walls will be necessary near the center of the site to accommodate the proposed grades for the development. Erosion Control - In several areas of this development, the topography of the site requires proper installation and effective maintenance of erosion control practices to prevent and minimize soil loss and impacts to down-gradient resources and water quality. This development is subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage -Storm water runoff from the development will drain via an on-site storm sewer system to a constructed storm pond in the southeast corner of the site. This pond will then flow through public storm sewer along the north side of Highway 55 to Pond GP-3 (as designated in the City Storm Water Management Plan - 1990) approximately 1,000 feet to the west of the new storm pond. The developer will be responsible for the construction of the storm sewer system from the new pond within the development to Pond GP-3. Utilities -Sanitary sewer and water main are not readily available to the site. The applicant has petitioned the City for a public improvement project for the extension of public sanitary sewer and water main from the Highway 55 and Louis Lane intersection approximately 300 feet southwest of the property, and public water main from the Lone Oak Road and Lone Oak Drive intersection approximately 2,200 feet west of the site, prior to the street upgrade of Lone Oak Road. These utility extensions are scheduled in the current Capital Improvement Plan (2003- /s.~ Planning Report -Gift of Mary May 28, 2002 Paae 6 2007) for construction in 2003. Public improvement projects providing for the extension of these public utilities should be approved and awarded by the City Council prior to final plat approval for development of this site. The water main from Highway 55 and Lone Oak Road extended through the site should be constructed to City standards for public water main and covered with public drainage & utility easement. All well and septic systems within the development should be abandoned in accordance with City and County standards. All existing houses proposed to remain within the development should be connected to City sewer and water service at time of its availability. Access/Street Design -Public street access is proposed via Highway 55 to the south. The Trunk Highway 55 Access Management Plan (see exhibit), approved by the City Council and MnDOT in June of 1999, documents the closure, restriction, consolidation and other modifications to the public and private accesses along Highway 55. Access management is needed to preserve the main function of mobility on Highway 55, which is classified as a Principal Arterial (same as an interstate highway) in the Metropolitan Transportation System. The current speed limit on Highway 55 is 65 miles per hour. The Plan also identifies future frontage roads necessary to provide and maintain adequate access locations to the adjacent parcels, and depicts a Highway 55 frontage road along the entire south edge of the site to the Eagan/Inver Grove Heights border. This frontage road will provide public street access for parcels from the Highway 55/Louis Lane intersection eastward, including future developable property near the intersection of Highway 55 and Argenta Trail (County Road 63) within Inver Grove Heights. The proposed site plan submitted for this development does not account for this portion of the required frontage road. To accommodate the frontage road, the site plan will need to be revised to reflect a 32-foot minimum roadway within a 60-foot wide public right-of--way. The roadway should avoid wetland impacts where possible. This will potentially involve the shifting of the proposed pond, private drive, the schooUcommunity center building and parking lot to the north and west within the property. The developer should either petition for a public improvement project or be responsible for the construction of a frontage road, in accordance with City engineering standards and the Highway 55 Access Management Plan, along the entire south edge of the development. Public street access is also proposed from Lone Oak Road (Dakota County Road 26) to the north. Lone Oak Road is scheduled in both the City and Dakota County's current CIP (2003-207) for upgrade to a four-lane divided urban road section (curb & gutter, storm sewer, dedicated turn lanes, etc.) in 2005. With the upgrade, the Dakota County Transportation Department has discussed with City staff the provision for a frontage road to provide access for the numerous properties along the south side of Lone Oak Road, including this site. The developer should be responsible for the construction of the frontage road along Lone Oak Road adjacent to the site, in accordance with Dakota County standards. /Sy Planning Report -Gift of Mary May 28, 2002 Page 7 Emer~encyAccess -The Fire Marshal has reviewed the development plans and indicated that the turning radius is too tight for emergency vehicles to access between the circular drive around the residential portion of the development and the main drive through the site. The design of that intersection should be modified on the final plans to the satisfaction of the Fire Marshal. Easements/ Permits/ Right-of-Wad This development should dedicate right-of-way for Lone Oak Road in accordance with Dakota County requirements. This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. Water Quality Issues -This 35.5-acre development is located in the City's G-watershed. The development proposes to meet the City's water quality requirement to treat stormwater runoff from the site by directing stonmwater to a treatment basin to be constructed alongside a wetland at the southeast corner of the site. Requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). Of the 35.5-acre site, 25.2 acres is proposed to be developed, and the remaining 10.3 acres (located to the west and southwest) is proposed to remain undeveloped. Of the 25.2 acres proposed for development, 31 percent would have impervious cover. Therefore, a minimum wet-pond volume of 1.9 acre-feet covering an area of 0.6 acres would be needed to treat the stormwater generated by this development. Wetland Issues - A preliminary wetland delineation report filed by the applicant indicates that there are five wetlands totaling 2.86 acres on this development parcel. Since this delineation was conducted during anon-growing season, field verification of the delineation is required to be done before final approval. The frst wetland (Wetland 1) spans 0.98 acre (42,803 square feet) and is located alongside Lone Oak Road. Under the classification system of the U.S. Fish and Wildlife Service, this is a Type 3 wetland. Although the Wetland 1 is not specifically designated as a public water wetland by the Minnesota DNR, a small portion of such a public water is located in the northeast portion of the site, according to the Protected Waters Inventory map for Dakota County. Due to its proximity, therefore, the Wetland 1 appears to be hydrologically connected to a public water wetland. The second wetland (Wetland 2) spans .005 acre (225 square feet), is located in a depression south of the Wetland 1 and is classified as Type 1. The third wetland (Wetland 3) spans 0.24 acre (10,636 square feet), is located in the southwestern portion of the site between two residential homes and is classified as Type 3. The fourth wetland (Wetland 4) spans 0.05 acre (2,210 square feet), is located in the south- central portion of the site at the base of a slope, and is classified as Type 1. /SS Planning Report -Gift of Mary May 28, 2002 Page 8 The fifth wetland (Wetland 5) spans 1.6 acres (68,817 square feet), is located along the southeast boundary of the site and includes some of the ditch alongside Highway 55. This wetland is classified as Type 2. With exception of the small portion of the public water wetland as indicated above, all wetland areas of this parcel are under jurisdiction of the Minnesota Wetland Conservation Act (WCA), which regulates draining and filling of all natural wetlands and excavation of certain types of natural wetlands. This program is administered by the City of Eagan, which acts as local government unit for WCA issues. It is highly probable that federal jurisdiction via Section 404 of the Clean Water Act -administered by the U.S. Army Corps of Engineers -does not apply to impacts to these wetlands due to the wetlands' isolation from federal navigable waters. The applicant has submitted a WCA wetland replacement plan application to the city for the following proposed impacts: 1) fill 28.4 percent (0.28 acre or 12,159 square feet) of Wetland 1; 2) fi112.5 percent (0.006 acre or 277 square feet) of Wetland 3; 3) fill 100 percent (0.05 acre or 2,210 square feet) of Wetland 4; and 4) fill 15 percent (0.24 acre or 10,311 square feet) of Wetland 5. In total, 20 percent (.57 acre or 24,957 square feet) of the wetland area is proposed to be filled by this development. Because of the proposed fill impacts to wetlands, this development is subject to replacement plan provisions of the WCA. This means that wetland restoration or creation is required on a 2:1 basis, with at least 1:1 of that basis being replacement of 24,957 square feet of new wetland credit and no more than 1:1 of that basis being 33,276 square feet of public value credit (buffer areas, stormwater treatment basins, etc.). Public value credit is factored on a .75 basis. The proposed wetland replacement plan is subject to appropriate public noticing, review, and final approval by the City. The Advisory Parks and Recreation Commission recommended that the public review process proceed for the wetland replacement plan, and that a Technical Evaluation Panel meeting be held to review the technical details of the plan and prepare findings and conclusions. The wetland replacement plan must be approved by the City Council prior to Final Planned Development approval. Tree Preservation - A tree inventory submitted with this application indicates that there are five hundred three (503) significant trees in the inventory. The site has scattered areas of trees with a relatively even distribution of box elder, aspen, birch, black cherry, oak, ash, spruce, and cottonwood. Tree diameters range from 6" to 30", with an average diameter of about 12". The development as proposed will result in the removal of two hundred twenty-six (226) significant trees (44.9 % of the total). According to the City of Eagan Tree Preservation /S6 Planning Report -Gift of Mary May 28, 2002 Pace 9 Ordinance, allowable tree removal for this type of development proposal (single-lot, commercial) is set at 30.0% of the total significant trees. With a proposed removal more than the allowable amount, tree mitigation will be required for this proposal. This required tree mitigation calculates to one hundred seventy-six (176) Category B trees. The applicant's Tree Mitigation Plan is short eighteen (18) Category B trees. A revised Tree Mitigation Plan should be submitted prior to issuance of a grading permit, or with the Final Plaruied Development, demonstrating compliance with the full mitigation requirements. The APrC recommended approval of the proposal, contingent upon a revised mitigation. plan showing full mitigation planting on site. Parks and Recreation -This development is located within Park Service District number one, which consists primary of large, single family lots and commercial/office development. Consequently, the park system plan does not reflect a need for a neighborhood park within this identified service area. Though no proposal has yet been received, staff has been apprised that other land within this service district is under consideration by D.R. Horton for a possible mixed use development that includes some residential uses. Consequently, there may be a need for a future park in this area, which could be done in conjunction with the City of Inver Grove Heights. Given the nature of the use, the designation of the development for parks dedication purposes is difficult to assign. Park dedications are intended to provide and support the recreational needs of residents to the degree that they need and use these services. When the services are provide privately, it is assumed that the development is not impacting the public park facilities in the community and therefore need not participate to the full extent in making a park dedication as those that provide no private amenities. This development is providing on-site recreational space and amenities that include a softball field, tennis courts, play ground, internal walking paths, community center and athletic field with overflow event parking. The amount of land area devoted to on-site recreational amenities exceeds typical land dedication amounts (6.6 acres provided vs. 3.5 acres required). The Advisory Parks and Recreation Commission (APrC) recommended that this development be subject to full parks dedication, which should be deferred and collected if the land use changes in the future. In regards to trails, there have been no developments that have been exempted from contributing a trails dedication in the past, including churches. Consequently, this development should be responsible for a trails dedication at the time of platting, payable prior to release of the final plat for recording. Off-Street Parking -The houses each have atwo-stall garage. Guest and visitor parking is provided within the driveways in front of the garages, and on one side of the street. The Fire Marshal has indicated that the circular drive, as proposed, is too narrow to accommodate on- streetparking and still provide sufficient width for emergency vehicles. The circular drive /5 ~ Planning Report -Gift of Mary May 28, 2002 Pale 10 should be modified on the final plans to provide a minimum 28-foot width, and the final design shall be subject to review and acceptance by the Fire Marshal. Parking should be allowed only on one side of the street, and the other side should be signed "no parking." A minimal amount of off street parking is provided for the schooUcommunity center. For the 95,000 sq. ft. building, 46 stalls are provided. The applicant has provided information regarding staffing levels (95 people) and that 60% of staff will live on-site and therefore, will not require parking at the schooUcommunitycenter. Consequently, the 46 stalls represents 38 stalls for the 40% of staff who would live off-site, and an additional 8 visitor stalls. Supplemental overflow parking is provided in the athletic field area west of the schooUcommunitycevter. In the event that the proposed parking is inadequate for this use, the developer should convert the proof of parking area (the west athletic field) to improved parking stalls. The applicant has indicated that approximately 120 additional parking stalls could be gained in this area. The applicant shall submit plans showing a parking lot layout in this proof of parking area. The proposed use is not addressed in the City Code with regard to minimum parking standards. Therefore, the acceptability of the proposed amount of parking is a policy matter to be determined by City officials. Two enclosed stalls, plus driveway and on-street parking is consistent with typical residential development. Since the residential use is a children's home, it is expected that the garage parking will be sufficient for the 2-3 staff members per residences. The amount of parking for the school/community center appears sparse. Should the property convert to a different use in the future, the applicant has indicated that additional parking could be obtained by converting the west athletic field to parking. Additional parking to support a change in use of the schooUcommunitycevter could be obtained by would be reviewed and could be obtained by converting the west athletic field to parking. Options for reuse of the property maybe limited by the amount of future parking that can be gained on-site. Setbacks - A minimum building setback of 20 feet from the houses to the curb of the private street is proposed. This is consistent with the City's minimum code for adead-end private street. The houses are proposed to be located inside a circular drive, with rear yards oriented toward the open space and athletic fields. Building setbacks from the perimeter of the site should not be less than 30 feet, including the right-of--way for the future frontage roads. Setbacks between the residential units are proposed to be not less than 10 feet between buildings. Typical required setbacks between residential structures are 20 feet, therefore, ten feet is a deviation from typical standards. The acceptability of the proposed setbacks is a policy matter to be determined by City officials. The setback deviation can be accommodated through the Planned Development if deemed appropriate by City officials. Landscanin~ - A landscape plan has been submitted which shows a variety of trees and shrubs throughout the site. Tree buffers are proposed along the east side of the residential portion of the project, and south of the driveway into the site from Hwy. 55. A landscape buffer is also proposed on the north end of the site between the new residences and Lone Oak Road. Shrubs are proposed as foundation plantings around the proposed schooUconununity center building, and trees are dispersed throughout the housing area. /58' Planning Report - Gift of Mary May 28, 2002 Page 11 The preliminary landscape plan is conceptual, generally identifying shrubs, shade trees, ornamental trees, coniferous trees, and sodded areas. A list of shrub species is provided, but individual shrubs are not identified graphically by species on the preliminary plan. The preliminary landscape plan includes both landscape and mitigation plantings. In addition to this overall planting plan, separate plans showing the mitigation and the landscaping should also be submitted with the Final Planned Development. Landscaping is required in areas to provide screening of parking and driveways and to serve as buffers between the development and adjacent property. Mitigation plantings are to be provided in addition to the required landscaping. The benchmark for investment in required landscape materials is 3% of the building value, however, the City may approve a plan that provides less than this 3% investment in landscaping if the purpose and intent of the landscape code is otherwise met. While the conceptual plan is acceptable for a Preliminary Planned Development, a more detailed landscape plan should be provided with the application for Final Planned Development. The landscape plan should be signed by a registered landscape architect and should include underlying grading contours, show plant quantities, and identify individual species graphically. Automatic irrigation is required for all landscaped areas and should be noted on the final landscape plan. Separate plans for landscaping and mitigation should be provided, as well as a combined overall planting plan. Residences -The proposed development consists of a total of 20 new residences and three existing houses that will remain and be incorporated into the site design. The new residences are all two stories and contain approximately 5,000 sq. ft. The typical floor plan shows six bedrooms, three bathrooms, kitchen, dining room, living room and basement play room in the main part of the house. Within each building, the live-in staff would have a private living area consisting of two bedrooms, two bathrooms, kitchen, dining and living areas. Typical building elevations were submitted, but materials and colors for the buildings were not. Building elevations for all of the residences will need to be submitted for the Final Planned Development. The Final Building Elevations should include building height-and dimensions, and identify exterior materials and colors. The APC and Council may give direction to the developer, or add conditions to the Preliminary Planned Development specific to the final building plans. School/Community Center -The schooUcommunitycenter is two stories and contains approximately 95,000 sq. ft. Again, a conceptual elevation drawing was submitted for the Preliminary Planned Development. The building elevations show a peaked roof and several gables elements in the roof line. Exterior materials and colors were not provided. More detailed architectural elevations showing dimensions, exterior materials and colors must be submitted for the Final Planned Development. Final building elevations should identify exterior materials and colors and show height and other dimensions. /s9 Planning Report -Gift of Mary May 28, 2002 Page 12 Li htin -The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation. A site lighting plan will be required with the application for Final Planned Development. The site lighting plan should show fixture details and photometrics. Lighting shall be indirect and diffused and shall not be directed upon public rights-of--way or adjacent properties. The source of light shall not be directly visible from off the property. Si a e - A monument sign is proposed at the north and south entrances to the site. Details of the proposed signs should be required at the time of Final Planned Development. The monument signs shall be set back at least ten feet from all property lines, and the sign design must comply with the requirements in the City's Sign Code. Other Site Design Requirements -Section 11.10, Subdivision 24 contains other specific site design requirements pertaining to all development other than those in R-1 and R-2 zoning districts. In addition to recreation space and site lighting, this subdivision contains standards specific to the provision of walkways, platting of the property, and public safety. All requirements set forth in this subdivision shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. SUMMARY/CONCLUSION In summary, Gift of Mary is requesting approval of a Rezoning from A, Agricultural to PD, Planned Development and a Preliminary Planned Development of approximately 35.5 acres on property located south of Lone Oak Road and north of Hwy. 55 bordering on Inver Grove Heights in the NE '/o of Section 12. The proposed Planned Development is necessary to accommodate the mixed use and multiple buildings on a single parcel. Twenty two-story residential units, housing up to ten children and 2-3 adults each, are planned for the site, as well as a 95,000 sq. ft. on-site school and community center building. Several playgrounds and sports fields are also incorporated into the plan and a pedestrian walkway system is planned throughout the site. The existing five parcels are proposed to be consolidated and replatted as a single lot. The Advisory Planning Commission and City Council must consider whether the proposed use is appropriate for this 35.5-acre site, and if so, whether the specific development plans submitted are acceptable. Some of the preliminary plans will need to be revised in greater detail for the Final Planned Development application, such as building elevations and the landscape plan, and the property will need to be platted. In addition, other permits such as for the extension of utilities and for the wetland replacement plan, must be completed and receive approval before the Final Planned Development can be approved. Grading could take place in advance of Final Planned Development approval, but would require issuance of a grading permit and submittal of satisfactory Final Tree Preservation and Mitigation Plans, as well as final approval of the wetland replacement plan. /60 Planning Report -Gift of Mary May 28, 2002 Page 13 ACTION TO BE CONSIDERED To recommend approval of a Rezoning and Preliminary Planned Development on 35.5 acres located south of Lone Oak Road and north of Hwy. 55 bordering on Inver Grove Heights in the NE'/4 of Section 12. If approved, the following conditions should apply: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office and proof of recording provided to the City. Platting 2. The property shall be platted. 3. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 4. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 5. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easement in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 6. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 7. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. 8. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 9. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be submitted at the time of /6/ Planning Report -Gift of Mary May 28, 2002 Page 14 issuance of the first building permit, and shall not be released until one year after the date of City certified compliance. 10. If any improvements are to be installed under a City contract, the appropriate project must be approved and awarded by Council action prior to final plat approval. 11. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Final Planned Development 12. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of the first building permit. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Landscape/Tree Mitigation Plan • Final Site Lighting Plan • Final Signage Plan 13. This Planned Development is for a children's home and on-site school and community center. The Final Plans shall reflect no more than 20 new residence buildings and the school/community center building shall not exceed 95,000 sq. ft. 14. The school shall serve only on-site residents. 15. A building permit for the school/community center must be obtained prior to issuance of the first certificate of occupancy for the new residences. 16. The teen of this Planned Development shall be five years. 17. Any reuse or conversion of the property to a different use shall be required to obtain City approval through the Planned Development Amendment process. Airport Noise Considerations 18. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. i6a Planning Report -Gift of Mary May 28, 2002 Page 15 Erosion Control 19. Erosion control practices shall be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down-gradient resources and water quality. Storm Drainage 20. The developer will be responsible for the construction of the storm sewer system from the new pond within the development to Pond GP-3. Utilities 21. Public improvement projects providing for the extension of public utilities on both Lone Oak Road and Highway 55 shall be approved by the City Council prior to final plat approval for development of this site. 22. The water main extended through the site between Highway 55 and Lone Oak Road should be constructed to City standards for public water main and drainage & utility easements shall be dedicated to the City. 23. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 24. All existing houses proposed to remain within the development shall be connected to City sewer and water service at time of its availability. Access/Street Design 25. The developer shall be responsible for the construction of a frontage road, in accordance with City engineering standards and the Highway 55 Access Management Plan, along the entire south edge of the development. 26. The developer shall be responsible for the construction of the frontage road along Lone Oak Road within the site, in accordance with Dakota County standards. Emergency Access 27. Access to the circular drive around the residential portion of the development shall be modified and redesigned to allow sufficient maneuvering of emergency vehicles. The final design is subject to review and approval by the Fire Marshall. 28. The circular drive shall be modified on the final plans to provide a minimum 28-foot width, and the final design shall be subject to review and acceptance by the Fire Marshal. /63 Planning Report -Gift of Mary May 28, 2002 Page 16 Easements/Permits/Ri ght-of-W ay 29. This development shall dedicate right-of--way for Lone Oak Road in accordance with Dakota County requirements. 30. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. Water Quality 31. This development shall meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 1.9 acre-feet covering an area of 0.6 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of six (6) feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. Wetlands 32. Field verification of wetland delineations shall be conducted in May or June, before final acceptance of the delineation report. 33. The wetland replacement plan application shall be accepted and submitted, per WCA requirements, fora 30-day public review and scheduled for City Council decision no sooner than June 18, 2002. The wetland replacement plan must be approved by the City Council prior to Final Planned Development approval. 34. With the exception of the area adjacent to the constructed stonnwater treatment pond, a minimum 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland shall be maintained before, during, and after construction. Tree Preservation 35. A revised Tree Mitigation Plan shall be submitted prior to issuance of a grading permit, or with the application Final Planned Development, whichever occurs first, demonstrating compliance with the full mitigation requirements. 36. The applicant shall fulfill tree preservation mitigation through the installatiori of one hundred seventy-six (176) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). Mitigation shall be provided in addition to required landscaping. 37. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the /6 y Planning Report - Gift of Mary May 28, 2002 Page 17 Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 38. The applicant shall be required to contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Park and Trail Dedication 39. This development shall be responsible for a full park dedication. The dedication shall be deferred and shall be collected if the land use changes in the future. 40. The developer shall be responsible for a cash trail dedication at the time of platting, payable prior to release of the final plat for recording. Parkm~ 41. The applicant shall submit plans showing a parking lot layout in the proof of parking area west of the schooUcommunityeenter. 42. In the event that the proposed parking is inadequate for this use, the developer shall convert the proof of parking area (the west athletic field) to improved parking stalls. Setbacks 43. Building setbacks shall not be less than 30 feet from the perimeter of the development site, including from the rights-of--way for the future frontage roads. Minimum setbacks between the residential structures shall not be less than 20 feet. Landscaping 44. In addition to the combined Landscape and Tree Mitigation Plan, separate plans showing the mitigation and the landscaping shall also be submitted with the Final Planned Development. 45. A more detailed Landscape and Mitigation Plan should be provided with the application for Final Planned Development. The Plan shall be signed by a registered landscape architect and shall include underlying grading contours and utilities, show plant quantities, and identify individual species graphically. The plan shall also include planting details and notes. Automatic irrigation shall be provided for all landscaped areas. /6 S Planning Report -Gift of Mary May 28, 2002 Page 18 Other 46. Details of the proposed signs should be required at the time of Final Planned Development. The monument signs shall be set back at least ten feet from all property lines, and the sign design must comply with the requirements in the City's Sign Code. 47. All requirements set forth in City Code Section 11.10, Subd. 24 shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. /66 FINANCIAL OBLIGATION-Gift of Mary Children's Home There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following chazges aze 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 charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE QUANTITY RATE AMOUNT Water Trunk Resi. 23 Units $985/LJnit $22,655 Water Trunk N.R. 9 Acres 2,055/Acre 18,495 Water Availability Chazge N.R. 9 Acres 3,235/Ac 29,115 Water Lateral Resi. 660 F.F. 23.60/F.F. 15,576 Storm Sewer Trunk N.R. 392,040 Sq. Ft .045/Sq. Ft. 17,642 Lone Oak Road Resi. 660 F.F. 65.15/f.f. 42,999 TOTAL $146,482 /6 9 '. ~ Eagan Boundary Location Map ~P~ ~;.r„n. Building Footprint y U ~~ 9 ~- ~S ` ~ `~ ~r \ ~ ~ 2 ~. '~ ^ ~\ ~ o ~ ~ ~~ ~ _ ~, T J ~ . r'? ~ ~ ~ / Q C` t~ ~ s C Gti \~ 7 F 9 • m f ~ ~ - 7 i 4 J ~ ~ ~ ~ - ~ c - 6 _ 4 ~ ~ ' _ ~ ~~~...~ppp~` ~ ~ ~~+ . _ ~~ ~~ ~ ~'a ' Subject Site ~ f, ~ _ ~ 6 ~ e G -- - ~~ ~ ~ ~ f ~~ ~ ~ C 3 - _-~ .-..„r _ -. _... ~ c ~ c ; ~, G ~ 1 5$ ~ 4 O n ~ ~ ~ ~ ~, .; s4 ~ G ~ /' t ~ ~ ~ ~ 1 s -. ~~~ e P ~' ~ ~ ~ . ~ `< P ~~ ~~~ ,~', ~ ~ l^ ~ 6C7 ~ ~ r ~@C ~ 3 4 ;,, ~ ~. ~ ~ as ~ c ~ ~ Q+ 4 , c ^ ~ _pp '~- ~ ~ Q .a. 4~ 1' 't i 1 1 . 1000 0 1000 2000 feet Development/Developer: Gift of Mary Children's Home Application: Rezoning and Preliminary Planned Development Case No.: 12-RZ-040402 an 402 Map Pnpsnd using RS 7.. • map Gta provided by Oekon County Land rvay Daps is ewtent n M March 2002. N City of Eagan I ~ TNIS MAP li INTENDED FOR REFERENCE USE ONLY W~ E A! t h' N E S G T ~ Tha City of Eagan and Dakota County do not guarantaa tha accuracy of thb IrMorntatfon and an S CsimwuNey o.vre-~t Dw•~.sst not rosponslbis for errors M omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: A Agriculture 000 0 000 t300 FM1 Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA-O/S Special Area-Office Service X00 o wo tmo r..+ Gift of Mary Children's Home 12-PD-03-0402 PD PD A °s A 4e ea 4s ~ as A ~ A :®. Q • e Subject A E ~ ~° A ~~ Area m o ~ m •,~ > N O• as GB ~~.. ca ~ _.~ ~ m ~~ .'1 ,. c e ~ . ~ o ~ ~ ~ A SA SA- LD-Residential DIS as .~ ~ ~ .~ ~ o ~g SA- OIS 6 Subject LD-Rsside tial ~ I . ~ ~ Area ~~ L e ® n~ ~ ~ In uatrial MD ~~k ce Park ~ ~ ~ L a ~ ~ c ~ ~ ~, ~ D .g ~ n ~ era -~eN fa• ntonmr~tle~r~y ~eh Oeunty nd ~Y a0~..un.rt ApFO 2002 N Zon((nn~j F~lonnatlan ~nninL italL City of Eagan Z "' E Community Development Oepartrnent ~ TNIS MAP IS INTENDED FOR REFERENCE USE ONLY Ths City of Eagan and Dekota County do not guarantas f1N accuracy of this In/onnation. 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The facilities will be located on approximately 35.5 acres in the City of Eagan, Minnesota (the "City"). The site has been selected based upon the existence of natural amenities and buffers, consistency with the City's land use guidelines, the opportunity to develop a Planned Unit Development and property owners interested in selling. A detailed description of the project and its elements is contained in this narrative and in the materials attached to the application. The materials include a set of plans labeled Preliminary Planned Development Submittal for Site, Grading, Drainage, Erosion Control, Utilities and Landscaping for Gift of Mary Children's Home, Eagan, Minnesota consisting of fourteen plan sheets (PD Plan Set). The PD Plan Set includes a Boundary Survey with topography shown, the Concept Site Plan, the Concept Grading, Drainage & Erosion Control Plan, the Concept Utility Plan, the Concept Landscape Plan, the Tree Preservation Plan, Concept Wetland Inventory and Replacement Plan and Concept Elevations. The topographical survey is compiled from aerial photography obtained from Dakota County. Afield topographic survey will be completed as part of final plans after preliminary planned development approval. Site Description Parcels To Be Developed: Applicant proposes to develop the following five parcels: 510 Lone Oak Road; 3430 State Trunk Highway 55 (TH 55); 3432 TH 55; 3434 TH 55; and P.I.iv. 10 01200 O10 Ol. Location: The five pazcels are bounded by County Road 26/Lone Oak Road (Lone Oak Road) on the north, the City of Inver Grove Heights on the east, TH 55 on the south and private residential properties on the west. Please see the Boundary Survey in the PD Plan Set. Existing Conditions: The four pazcels with street addresses have single family homes and other improvements. The fifth and largest parcel, almost 26 acres, is undeveloped. The land is comprised of gently rolling to steep slopes, with the land rising from the south to a ridge that runs generally east and west across the middle of the site. The site has a topographical change of over 90 feet with areas of significant slopes. The high elevation of the property to the north offers exceptional views of the adjacent properties. A gas pipe line owned by Mobile Pipe Line ~~y r. ~j Company is located in an easement that bisects the property, running northwest and southeast. The site generally drains to the west and south, then into a depression along TH » west of the site boundary. The site is covered with a mixture of hardwoods, softwoods and clusters of trees meeting the criteria ofa significant woodland as defined by City ordinance. Low areas that are included in a preliminary wetland delineation runt along Lone Oak Road on the north, in the southeast corner of the property adjacent to TH 55, and other isolated pockets. Please see the Boundary Survey and the Tree Preservation Plan in the PD Plan Set. Surrounding Uses: The area around the site is rural residential in nature. The surrounding parcels to the east and west consist of residential lots of varying sizes (0.75 to 7.5 acres) containing single family residential homes and some small business and commercial lots. To the north is primarily vacant land being considered for golf course and residential development. To the south across TH 55 are several single family residential developments. Land Use And Zoning Classifications: The site and properties to the west in the City are designated as "Special Area #3 in the City's Comprehensive Land Use Plan and aze zoned "Agricultural." The property north of Lone Oak Road is zoned "Planned Development" with designation for ofFice/service uses. The property across TH 55 to the south is zoned '`Single Family Residential." Proiect Description And Proaosed tise Gift of Mary Children's Home will be a residentiaUschool development where house parents, children and some staff live and attend school without a need for transportation trips on public roads. The housing component will be located on the northerly, higher portion of the site, allowing for optimal views. Twenty residential units of varying 2-story designs are planned on the site. Each unit will house up to ten children and up to three adult house parents. Each house will contain approximately 5,000 square feet (s.f.}, including garage and basement space. Multiple play areas also will be constructed within the housing azea. Please see the Concept Site Plan and the Concept Elevations in the PD Plan Set. The school will be located on the southerly, lower portion of the site. The school design shows a 2-story building comprising approximately 95,000 s.f. with classrooms, offices, physical education facilities and a dining facility. A drop-off area is provided by the main entrance and parking for staff and visitors occurs in a two lots at the southerly ends of the school building. Playground facilities and active sports fields will be placed next to the school. The school will be connected to the housing area by a system of private roadways and walking paths, which will be integrated into the natural slope on the site. The road will run parallel to the existing gas line easement to accommodate the change in grade with a roadway incline between 2% and 5%. Similazly, the pedestrian walkway system will be designed to provide easier access down the slope between the residential and educational facilities. Please see the Concept Site Plan and the Concept Elevations in the PD Plan Set. The Applicant proposes to reuse the existing residences at 510 Lone Oak Road and 3430 and 3434 TH 55 as staff and guest residences. The home at 3432 TH 55 will be moved or demolished. "~ /~s These proposed uses, except for the road and trail will preserve the slopes and maintain the majority of the significant hazdwood woodland area. Please see the Concept Site Plan and the Tree Preservation Plan in the PD Plan Set. Access County State Aid Highway 26 /Lone Oak Road: One access for the project is proposed from Lone Oak Road, a 2-lane paved roadway located along the northerly project boundary. The proposed access point is at Hermosa Lane which will provide full access to and from the project site on the north. Lone Oak Road is scheduled to be upgraded to a 4-lane divided highway in the year 2005. At this time, the access would become a median opening, preserving full access to the site. The project design anticipates the possibility of an increased right-of--way for Lone Oak Road. Please see the Concept Site Plan in the PD Plan Set. Minnesota State Trunk Highway 55 And Frontage Road: Another access for the project is planned from TH 55, a 4-lane state highway that runs along the south side of the site. The access will be at the existing driveway entrance used by 3432 and 3434 TH 55. The City is considering a future frontage road along TH ~5 across the site. Accordingly, the site plan shows an easement and setback from TH 55 sufficient to allow future construction of a frontage road. As directed by Ciry staff, a potential frontage road layout is sketched in west of the site along TH 55. If the City constructs the frontage road, the Applicant expects to eliminate the site connection to TH 55 and connect to the frontage road. Please see the Concept Site Plan in the PD Plan Set. Infrastructure Improvements Municipal Water: The Applicant requests that the City extend its municipal water main along Lone Oak Road from an existing stub at Lone Oak Drive to serve the project. As requested by City staff, the on-site water piping system will include a public water main connection from the proposed main in Lone Oak Road across the property in a southerly direction, that will connect to a public water main extension across TH 55 from the south, to provide a looped system. The water main extension across TH 55 to the site boundary will be constructed under City contract. The Concept Utility Plan in the PD Plan Set shows the approximate location of the City- constructed water mains in Lone Oak Road and along TH 55 and how the project would connect to them. An easement would be provided over the new public water main within the site boundary. Existing residences within the project boundary will be connected to the public water piping system as required. Sanitary Sewer: The Applicant proposes to connect the project to a sanitary sewer stub that will be brought under TH 55 by the City. The entire site will be connected to this extension as shown on the Concept Utility Plan in the PD Plan Set. The City Engineering Department has confirmed that there is adequate capacity in the satitary sewer system south of TH SS to accommodate flows from the project. Existing residences within the project boundary will be connected to the sanitary sewer as required. ~~~ Storm Water Drainage: Storm water from roads and other impervious surfaces on the eastern, more developed portion of the site will be conveyed to a proposed on-site pond located at the southeast corner of the site. The pond will receive runoff from approximately l6 acres of the development including the residential area, school building, private road and pazking lots on the site and will discharge to the existing off-site pond located west of the project site in accordance with the City's storm water management plan. The on-site pond will meet all City requirements for rate control and water quality treatment. The remaining portion of the site on the west, encompassing the existing residences and undeveloped woodland and open area, will continue to discharge overland runoff to the south. The majority of the runoff from this mostly undeveloped portion of the site will be continue to be retained in the wetland area in the southwest portion of the site, which overflows to the west into the existing off-site pond. Please see the Concept Grading, Drainage & Erosion Control Plan in the PD Plan Set. Preservation Of Natural Resources Wetlands: A preliminary delineation of all wetlands within the project boundary has been completed by Pinnacle Engineering, Inc. and is shown on certain plans in the PD Plan Set. Potential wetlands were identified along Lone Oak Road and TH 55, and in several low areas around the site as shown on the plans. The potential wetlands are likely of low quality based on current usage as storm ponds and ditches for the roadway system. A final delineation will be completed when the growing season officially begins, which is anticipated to occur in early May and, therefore, is not a part of this preliminary planned development submittal. The final wetland delineation will be based on hydrology, soils, and vegetation. Please see the Concept Wetland Inventory and Replacement Plan in the PD Plan Set. The Applicant proposes to avoid the majority of the ultimately delineated wetland area and as much of the 30-foot buffer strips surrounding the wetlands as possible. Minor wetland fills aze proposed along Lone Oak Road to provide driveway access to the site and to accommodate grading of the on-site roadway adjacent to the wetland. This wetland will likely be filled eventually as part of the County roadway widening of Lone Oak Road. Minor wetland fills are also proposed along the wetland adjacent to TH 55 to accommodate the south roadway and storm pond. Wetland mitigation will be proposed by expanding the existing wetlands and through public value credits provided in the proposed stone pond and buffer areas. Please see the Concept Wetland Inventory and Replacement Plan in the PD Plan Set. A Preliminary Wetland Delineation Report will be provided shortly for reference regarding potential impacts and plans for wetland replacement. This will be followed by the Final Wetland Delineation Report. Wetland impacts and replacement requirements will be refined after the final wetland delineation is completed. Tree Preservation Plan: The Tree Preservation Plan in the PD Plan Set identifies the proposed site plan as a layer on the tree inventory plan. The Plan includes a complete inventory of trees over 6" in caliper and annotations specifying which trees are proposed to be removed and which will be saved. /8'~ The 35.E-acre site is covered by a mixture of hardwood, softwood and clusters of trees, meeting the City ordinance criteria of a significant woodland. The proposed facilities have been tailored to fit the site's topography, resulting in preservation of much of the significant woodland area where the hardwood species are located. The plan also identifies an area of softwood trees (cottonwood, box elder) which will be preserved within the active recreation area amongst the residential homes. The Applicant's site design maintains the quality woodland areas and preserves the majority of the steep slopes and wetlands. The plan proposes removal of 45% of the woodland tree cover, which exceeds the City ordinance requirement of 30%. Replacement trees will be provided on- site asrequired by City ordinance. The landscape plan further enhances the site and the preserved woodlands and creates a quality landscape/tree preservation plan with tree buffer areas which meets the intent of all City requirements. Approvals Sought The applicant seeks the following approvals from the City: 1. Rezoning of the site from Agricultural to Planned Development; 2. Approval of the proposed Preliminary Planned Development; 3. Authorization for extension of a City water main along Lone Oak Road to the project; 4. Authorization for extension of a City water main and sanitary sewer line under TH 55; 5. Approval of a Wetland Replacement Plan; and 6. Approval of preliminary and final plat. The plat application is not included but will be submitted upon completion of title review to assure inclusion of any easements or other encumbrances. The Rezoning The City's Comprehensive Land Use Plan guides the property for office/service uses. The proposed rezoning from Agriculture to Planned Development (PD) conforms to the guiding. According to the Plan, the City intends that the triangle of land bounded by Lone Oak Road, TH 55, and the City's border with Inver Grove Heights should change over time from rural residential to office and community service. The project would convert vacant land to a residential school use serving the community. This meets the Plan's objective and is a better use of the land than its current vacant and single-family residential status. The project would likely increase the value of surrounding properties as the future prospect of more intense uses would be made real on this property. Since trips to and from the site are minimized by the children living on the same property with the school, the traffic impacts of the /~~ project would be minimal. The quality of the proposed structures, their placement, and the efforts to preserve woodland and wetland resources should enhance the value of surrounding properties. As noted above, the project would require extensions of City water and sewer services. Storm water ponding would be handled on the site. The City would not have to modify or add to its street system to accommodate the project. The Preliminary Planned Development The PD zoning and approval would permit construction of a school for children and on-site residences for the children, house parents and some staff. The facilities are designed to accommodate children from pre-school through twelfth grade. Playgrounds, athletic fields and off-street pazking also are part of the design. The project design is more fully described above and is shown in the PD Plan Set which has been submitted for approval. The Applicant expects to commence site work in the fall of 2002. Construction of the residences and school would begin in the spring of 2003 with occupancy of the residences in the summer of 2004 and opening of the school in the fall of 2004. Reuse Of Completed Proiect City staff asked Gift of Mary Children's Home to consider alternate uses for the facility in the unlikely event the program were to close down in the future. Two alternatives have been considered in designing the buildings and site plan. Alternative 1: The first alternative use would convert the twenty proposed homes to independent senior living homes, convert the upper floor of the community center/school to assisted-living units, and retain the lower floor of the proposed community center/school as a community center along with dining and recreation facilities. If this alternative scheme were to come to fruition, the majority of the facility modifications would involve the mechanicaV electrical systems and remodeling of the community center/school upper floor spaces. The homes aze designed with accessibility issues in mind, and the play fields behind the homes could easily be turned into a common park. Pazking in the residential azea would remain the same. The school and office azeas would need to be remodeled into assisted living units and their related spaces and would need plumbing and mechanical system updating. The proposed design takes this into account and provides a generous floor-to-floor height to accommodate future plumbing modifications. The water and electrical service should be adequate and the west play field could be changed into additional parking areas as required. Alternative 2: The second alternative use would sell the homes on an individual basis and either retain the community center/school as a school or convert the entire building to office space. If /8"9 this alternative became necessary, limited modifications to the site and buildings would be required. The homes would require little or no remodeling before resale. The play fields behind the homes could easily be turned into a common azea or park. Parking in the residential area would remain the same. If the community center/school were to remain a school, no remodeling would be required. If it were converted to office use, the school space would be remodeled into office space. The kitchen and dining areas could be retained as a cafeteria or lunch area. These changes are common and may include minor changes to the main building environmental s}stems. Again, the west play field could be made into a parking area to accommodate anv new parking need. Development Team Members Applicant Gift of Mary Telephone: 612-338-4640 C/o Sharing & Cazing Hands, Inc. Fax: 612-333-5560 525 North Seventh Street Minneapolis, MN 55405 Richard Copeland Mary Jo Copeland _ _ Architect Cuningham Group Architects, P.A. Telephone: 612-379-3400 201 Main Street S.E., Suite 325 Fax: 612-379-4400 Minneapolis, MN 5~4I4 David Engleson Attorneys Faegre & Benson, LLP Telephone: 612-766-7000 2200 Wells Fazgo Center Fax: 612-766-1600 90 South Seventh Street Minneapolis, MN 55402-3901 Gary Gandrud Mazcus Mollison Walter Rockenstein Civil Engineer/Landscape ArchitectlSurveyor RLK-Kuusisto, Ltd. Telephone: 952-933-0972 6110 Blue Circle Drive, Suite 100 Fax: 952-933-1153 Minnetonka, MN 55343 John Dietrich, ASLA Michele Jackson Cazon, PE Kurt Kisch, PLS /9D .,,. Development Consultant Tazget Corporation 1000 Nicollet Mall TPN-12B Minneapolis, MN 55403 Daniel Willenbring M 1:867350.04 Telephone: Fax: !`t% 612-761-136 612-761-1~2~ REVISED ATTACHMENT A Legal Description of the Land Parcel 1 (P.I.N. 10 01200 010 O1): The North 660.00 feet of the East Half of the East Half of the Northeast Quarter, containing 10 acres more or less, and that part of the East Half of the East Half of the Northeast Quarter lying northerly of State Trunk Highway No. 55, except the North 660.00 feet thereof, containing 15.98 acres, more or less, all in Section 12, Township 27, Range 23, Dakota County, Minnesota, and as depicted on Survey, dated March 24, 1993, by Thomas S. Begquist of Sathre-Bergquist, Inc. Parcel 2 (510 Lone Oak Road): Pt of W'/ of E'/z of NE'/. Com 659.65 ft W of NE Cor S 837.16 ft W 156.10 ft N 837.16 ft E 154.65 ft to beg, Section 12, Township 27, Range 23. Parcel 3 (3434 Highway 55): Pt~of W/z of E'/Z of NE'/. Beg E line 837.16ftSofNlineW156.10ftN 180.16ftW275ftS285ftSEtoPton E line 265 ft S of beg N on E Line to beg, Section 12, Township 27, Range 23. Parcel 4 (3432 Highway 55): Pt of W/z of E'/Z of NE%4 Com E line 837.16 ft S of N line Sec W 156.10 ft N 180.16 ft W 275 ft S 735.8 Ft to N RNV #55 SE on RNV to E line N 760.27 ft to Beg EX W 190 ft of E 250 ft lying S of N 1362.43 ft EX Pt N of line beg W Line this Par 285 ft S of NW Cor to pt 265 ft S of NE Cor this Par Section 12, Township 27, Range 23. Parcel 5 (3430 Highway 55): W 190 ft of E 250 ft of W'/z of E'/2 of NE'/. lying S of N 1362.43 ft & N of Hgwy 55, Section 12, Township 27, Range 23. /9a o ~c~~od~ ~ .IAN 3 0 2002 E ~1 I-- ------------- Participating C3rganizations' Center for ridvanced ..Studies in C~dL~elfare, €Fniversttp of {vlirsiesota Gluldrer_~s Defense P~znd-1-iinnes~ta ' Doh~ney Side Fami.~; rtlterrr_atives ~xv h2~ Home ~~Si:~nesota Adv~~on Resource ivenk•ork ~Sicnesoza Fester Fare rlssociatio^~ ~latconal FosterFa_rerrt Assodasion North American Coundl on Adootafile Children Professi e~ral:~ssociatio:~ of Trearrnnei~t Hor::es Volunteers of Aznerita of ~nesota y January 29, 2002 Marilyn Wucherpfennig Planning Aid, City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Ms. Wucherpfennig: As a group of concerned organizations, we are writing to ask Eagan city officials and planners to reject Mary Jo Copeland's proposal to build an orphanage in Eagan. The Family-Based Care Coalition represents local, state, and national child welfare organizations and individuals dedicated to the understanding that every child deserves a loving family. We have joined together to advocate that children who cannot remain with their birth families be placed with relatives, foster parents, or adoptive parents-rather than in institutions. While Mary Jo Copeland's orphanage proposal has some supporters, many in the Twin Cities community object to orphanage care. The Council on Black Minnesotans disapproves of Mary Jo Copeland's plan for an orphanage. The Metro Urban Indian Directors takes exception to the placement of Native American children in such an institution. The Gift of Mary's Children's Home, or "Mary's House" as the proposed orphanage would be called, would house 200 children ages 4-18, most of whom have experienced homelessness, abuse or neglect. Members of our Coalition have followed the evolution of the Copeland orphanage proposal closely as other cities have reviewed, and then rejected, her orphanage plans. Eagan city officials may want to know about the recurring problems with the Copeland orphanage proposal. Below, we will highlight and address these persistent flaws and some unanswered questions. What's so wrong with orphanages? What are the facts? Is there a foster care crisis in Minnesota? Which children will referred to the institution? What do laws say about orphanages? Golden Valley, Brooklyn Center, Brooklyn Park, Maple Grove, Victoria, and Chaska rejected Mary Jo Copeland's orphanage proposal. In all six cities, questions were raised about the prudence of institutional care of children. - Research shows that long-term institutional care negatively affects child development and adult productivity. Even good-quality institutions-those with more adults to take care of fewer children-deny children the opportunity to form a consistent relationship with a stable caregiver. One study found that, on average, institutionalizedchildren were cared for by ten 1 c/o North American unci o table Children ] 970 Raymond Avenue • Suite 106 • St. Paul, MN 55114-1 51-644-3036 • fax: 651-644-9848 • email: info@nacac.org different caregivers per year. Children reared in orphanages are at serious risk for developmental problems and long-term personality disorders because their early relationships have been fleeting. Institutional care increases the chance that children will grow into unproductive adults. Studies document that these children grow up to live in poverty and falter as parents to a greater degree than similar children who did not grow up in orphanages. Institutions deny children future chances for a family. Foster and adoptive parents provide children with the benefits of day-to-day family life. When birth family reunification is not possible, foster families frequently adopt children in their caze. Nationally, 64 percent of children adopted from the child welfaze system are adopted by their foster parents, and an additional 16 percent zre adopted by relatives. Children who are placed in an institution instead of with relatives or a foster family lose one of their best chances for adoption. Minnesota is not facing a foster care crisis. According to the Minnesota Department of Human Services, on any given day there are about 8000 children in foster care. 66% of foster children live with foster families. The remainder have special needs and are cared for in group homes and residential treatment centers. There are more than 5000 licensed family foster homes in Minnesota, with room for more than 13,000 children. Obviously, we are not facing a foster care shortage. Young children will not be referred to Mary's House by the Minnesota counties with the most foster children. David Sanders, Director of Hennepin County Children and Family Services, has repeatedly stated that he will not refer young children to Mary Jo Copeland's orphanage. Hennepin County Comrnissioner Peter McLaughlin said, "We don't have normal 4-11 year olds needing institutional care, but we do have troubled adolescents who may need periods of group care." Jenny Gordon, Director of Children and Family Services for Ramsey County stated that her county will not refer children to an orphanage. Carver County social services officials discouraged the Copelands from locating their facility in Carver County. Since most of Minnesota's foster children are from Hennepin and Ramsey counties, where will Mary's House children come from? The Copelands have not specified which counties have endorsed their proposal. They have not specified which counties have guaranteed to send children to Mary's House orphanage. What do laws say about orphanages? State and federal laws do not allow foster care money to be used for long- term orphanage care of children. Thus, counties would be responsible for paying 100% of the cost of day-to-day orphanage care. Institutions cost three to seven times what foster care costs. Mar}~s House will cost about $30,000 per child per year, according to past proposals. That's $6,000,000 per year, not including the educational expenses for 200 residents! Which counties /9S~ have committed money to this endeavor? Or will Mary's House stand empty, much like Synergy residential academy in north Minneapolis?' Section 475(5)A of the Federal Sodal Security Act instructs states and counties to place children in the least restrictive environment possible, e.g., family foster homes. Minnesota counties limit approval of institutional care to only the most troubled and disabled children. Yet Mary Jo Copeland has repeatedly stated that she will not admit highly txoubled children to her institution. Other aties rejected Mary Jo Copeland's orphanage proposal due in large part to her inability to define the group of children who would live in her facility, and how placements would be paid for. Six previous cities found fatal flaws in Mary Jo Copeland's orphanage proposal. Rancor and discension ensued during many informational resident meetings conducted on behalf of the Gift of Mary Children's Home. Yet concerned citizens investigated and learned that Minnesotans Gaze for foster children. Citizens found out that laws prohibit public monies from being used for long-term orphanage care, and that children need permanent homes-'real" homes. The Family-Based Care Coalition knows that we must build families, not orphanages. Parents are best suited to advocate for their children, teach them about culture, care for them when they are sick, and support them into adulthood. Institutions can never provide for children's mental and social health like families can. The children targeted by the Copelands belong in birth, foster, or adoptive families, not an institution. We would be happy to answer any further questions you may have about alternatives to institutional care of vulnerable children. Sinceriely, o Kroll ecutive Director, North American Council on Adoptable Children on behalf of the Family-Based Care Coalition ~ See attached October 5, 2W 1 StarTribune article entitled, "State boarding school has problem: no kids." S._ 3 J ~r L ~/ M 9~ as • H °:~ `r'~s ~ \V ~ ~ 5 _ ~C 0 0 c 'a i 0 ~w,' We ~' Y O C a~ 0 a w eO O O >+ C O D .. y ... m s a> ~ y y a i C y O y .~ O ^ O ~ ~a; ~ U ~ ~ m ~ d ~.a~vG3o a ~3~a~ ~ • ~°'a"o~ e ~ ~.~ ao ~ L•.: a~ Ea C C ~N G~ y C m y rl 3 c ~~~?yyJ ~1 ~ ~ .~ ~ j 3 ~G pip C .C d p c0 ~3 yyj O C C 6> ~ ~ cC O 00 ~ Q.w .~ y 'fl ~'C C O E O 'O ~~'O ~.. ~j,w C ~ C ~ H O C~ ~, E ~ = m E -c v ~. ti, '}'mow ~ ~: R O~~E"~ tad U C"" O'sN ~.Xh Y W y (~ ~ t~A ~ ~ Fri ~ .C r'q f~} H .y ~ ~7V/ w "~' 4 y 6l I ~ a W [ ~ ~ ~ y O~ C C~ : n^ G. 7~ ct7 `I~i ~ ~ O~ CSh~C w~ti VSO ~ ~ ~ ~E •g..5~,~h~~~Ey~ ~ G d y ~ y ~ ~ I.n R ~ ~ ~ ~ CJ y0 7 ~q0 eT7vOL7 G `y0 C yy~ ~.'." v Ji..n ..Eo~a~a~..~a,b.vy`~y as ~ a~ ~e .~ .. ~.. .. o... E aw.a; ed o~ U ~~ Q.o~v' g aoi>, v c`n ~ c'ac'ti m~ ~ y ~'~~ ~ y ~ ~ ~~ ^ ^ 1 O ?s _ O IA N m E~ ~ ~ '-fir • a C -~" ~ i ~ ~ ~~ = ~~ TC W V eel i G C _;- ~ Z ~. O 0 ~ . ' c0 ~ i~r~tt::-. a ~9 [C-J+ ~ O ~~. ~ 3 O -~ C 110; o O °~°" ,~.~ ~ O m ' N ~'S '-' 'J m .c _ ~ 0 m c E 0 Q_) y 7 cv O ~o I~~ n~o U ~o 0 C ~, `. O ~ "~ o ~ ~: A~ W O O 'O ~~i w ~ ~ v r a~ C u -~ ~ 0o C "y v a' u ~ v. ~~ a ,.,_ o c G $CH~~ tTOrll gl - ~ Academy is the state's other P~ANf;~ ~ ,,,] ' ~ ~t a [Iii: ` residential academy. It serves ai JU.(.4. e S OK -"~_ ~-- -- - children who are older than ~ ti., ~. would be ne~~ed to admit child But soon after the paper- work was signed to start the program, county officials saw a problem. They said Syn- ergy's idea of getting parents to enroll their children volun rarity wouldn't fty, said Joyce Hayden, director of the resi- dentialacademy. State law would consider the arrangement a "voluntary placement" because the county would pay for the child to Live outside the home, county officials reasoned Thus, pazents would have to go before a judge and get ap proval for the placement. Making pazents go to court creates a roadblock for her program, Hayden said. "What parent sees court as a good thing?" she asked. And parents aren't the only ones who aze reluctant. County social workers have told Hayden they can't in good faith suggest the resi- dential academy to families they work with -not if it means those families will have to go to court and have it on. their pennanent record. To date, just two children are waiting to get into Syner- gy, abrand new building that functions as a residence hall with eight bedroom suites and a 24-hour staff. Residents at- tend classes at Hazvest Prepa- ratory Charter School next door. Hayden said the problem is not likely to be resolved un- til June or July at the earliest, when officials will try to get the state law amended in the case of residential academies. David Sanders, director of i . and prtv~ite gratis ~. raider ironjractYriihtlte. . ,1 aa> ,.WllbtiQ 31~i ~titAY'. ~.~ l~t,_:. F~ ~~~~ __ tlroi~t slxwiib ire "~ ;str>ggJ~~SCIto~ . Focus, tx?bk~lct dre~`in~-lerrt Court , ty 5ttrdeitts atte=nd t;' = NartlesiPi`ejara~oiy Gf~?rtet' School next ' '> lc~ed fall e+troit- , merit,3t3~ '> Actiraifa~t~olltnettt: " Zero, Hennepin County's Children and Family Services Depart- ment, said that in the mean- time, he'd Iike to see the con- uact with Synergy amended to allow families to request as- signment to the academy for their children because they're at risk of becoming juvenile delinquents. Placement process In Sanders' estimation, Synergy has faced some prob- lems that other residential academies haven't because of the school's mission to reach children before they get into uouble. "By holding onto that ini- tial intent - to intervene eaz- ty -there is a conflict with how the placement process works," he said. For :example, Covenant those in Synergy's target group. Based in Faribault, Minn.. and run by Catholic Charities, Covenant serves about 10 children, including some who have been taken out of their parents' homes. Those children are already in the system, so it isn't hard to get them into Covenant, Sanders said. Catholic Charities also has raised money from private sources to help fund the acad- emy so it isn't solely depen- dent on revenue from the county's foster-care system, Sanders noted. Across the country, resi- dential academies often have problems getting funding to keep runntng because the states pay only start-up costs, observed Tammy Pust, assis- tant commissioner with the Minnesota Department of Children, Families and Learn- ing. Most have realized that they must contract with the county foster-caze system so they can get children for their programs and access to the money that comes with those children. With an average of 2,000 children in foster care, Hen- nepin County has the lazgest number of kids in the child- welfazesystem. When an academy has trouble getting kids from the county, it also has trouble get- ling dollazs; Puss said. The concept of boazding schools for students who don't perform well in tradi- tional schools was a special project for Carlson. The son of poor immigrants, he received a scholarship to attend an ex- clusive boarding school in Connecticut. Cazlson called that experience defining. -AllieShah rsat ashah~startrc~une.cor-r- C mays nati ° n She fo n sofa plants ~n~ 84 percent a sas and 94 ~ in Oklaho of led how lop-- the Minne, adapt to a own. and anoth mated it w the partri leaves thi stand the ~ and lower Kansaslike , "Our finj~ we sfiould' plant poptir' fast enough;; climate chair; Ruth Shi: Minnesota }_ cializes in e ics and is a search page vious peri change, plai across the many years different late "One mig: could just do said. "But tb different witi agriculture, 2 ~.~ .~ <,i .- . 5 . ~..~, /9~ :qtr. Mike Ridle~• City of Eagan Creative Care 3830 Pilot Knob Rd Eagan MN 551? April 1?, ?00~' Dear Mr. Ridlev. This letter attempts to describe the basic ideas involved in our plan. It is our hope that you will be able to catch an understanding of where our heart is and what we are about. There is one main objective of Creative Care. That is, to retain the individuality and purpose of elderly citizens in our society. It is to provide the elderly with living and giving, not just housing. Individuality: We desire to maintain the individuality of our elderly citizens, while utilizing their life-long learning and accomplishments. We have planned a quiet living environment, in keeping with that that currently exists in this neighborhood. This plan starts with an initial `home' that is five separate homes. Ultimately, there would be three or four homes with an additional home for caretaker/managers, providing the planning commission is in agreement. The exterior appearance is that of a civil-war era. antebellum style home. The residents will each have their own 'home' with private screen-porch balconies. Here they can entertain or simply enjoy the beautiful, peaceful surroundings. There is also a common area where they can enjoy the company of other residents, entertain guests. or participate in resident-planned, recreational activities. The common area contains a kitchen bar with booths and tables, library/media center, and a beautiful fireplace lounge. Purpose: Many of our elderly citizens feel that the world is whizzing by them at breakneck speed, leaving them uselessly behind without purpose. We want to help them continue to achieve the sense of accomplishment and reward that they so deserve at this stage in their lives. In this age of dislocated, disrupted 'family' life, there is a need for reconstruction; both for the elderly citizens who possess the desire, skills, and ability, to give back from a lifetime of learning, as welt as for children without close grandparents. and adults without close parents, to learn those skills and life lessons from those who have lived life. Learning and loving go hand-in-hand. Children need the love and support of grandparent figures in their lives. Grandparents need the joy and energy that youth can impart. House plan: • The `homes' are desisrted at ¢round level with no stairs in them or in the common area. • The downstairs has additional storage for the residents who have downsized from a larger home. • There are also two apartments for nurses or PCAs who will live on-site and be readily available for the care and assistance of the residents. (W'e have included two photographs that present the style of the building. Both pictures show a basement level that would not exist in the final drawings. The land slopes to allow walkout living on both the upper and lower levels to assist the residents.) Our goal: for the life of each resident to be as individual and independent as they are. After all, it is their life. • If they want to travel and simply have someone forward their mail or pay their bills while they're gone, "bon-voyage" • If they want to live a very' quiet life and garden or read, we'll build the garden wall. • [f they want to teach or mentor children or adults, we have countless outlets anxiously waiting for them. • if they want to work part-time. we have part-time jobs in a number of areas that need their skills. W'e covet your help in partnering with us toward achieving this goal. We can't do it without you. This property location is perfect for a number of reasons: • It is a quiet, peaceful environment. • It is close to grocery stores and shopping for the elderly. • There are many schools, churches, and community organizations eagerly seeking mentors. 1~~'e su appreciate your time in reading tha, matzrial and giving this plan every consideration. 1~'e welcome any input you might have. With greatest respect. / ~ Suzanne Morris f _ -. April 1 ~. dui)^_ ~layar Pat .-~~~ada Cite of Ea~lan Ea~_an Municipal Center Dear ~(avor Awada: .-~~ an Ea`,an resident, [write to e~cpress my support for iVtary Jo %upiand's proposal to build a Dome in our town for children from dysfunctional families and to respectfully ur~,e that you and the City Council approve the project. t recently became a volunteer at Sharing and Carin; Hands and have seen firsthand not only the loge, care and devotion she applies daily to the homeless and others less fortunate than ourselves. but also the businesslike etliciency ofthis large and highly successtul operation..~s a result. people whose lives are marked by poverty and desperation have been ~iyen a new sense of hope and a chance for a better life, and many have succeeded in risin<, above otherwise hopeless circumstances. l'he children that would be served by the proposed facility in most cases have been ahandoned by their parents. They deser~•e a better chance than to be shuttled from foster home to foster home. Brin~,in~_ these children to a community like Ea~aan and a~.~ay from the hopelessness and despair of their current circumstances. combined ~~ith the dedication and personal in~~ol~ement that `lary~ Jo infuses into everyrthin~, she does, will provide the stability and loge that can make them useful members of society. I hope. that Ea`,an will do eyerythin~ it can to make possible this worthwhile effort. Sy.~er~e ly, ,, / v~ James .-~. Shoop _ ~ I -l? Farnum Dr. Ea~_an ~t~i ~~ I? I /99 05!101^00'? 0:10 Fax 2 pages 6516868'753 6516868753 To Eagan Mayor and City Council c/o Planning Dept. From Patrick O'Laughlin 4168 Cashell Glen Eagan 55122 b51-b86-9081 PAT O~AUGHLIN -._~.,I k __ -~~~ -- PAGE 01 05110.200 a7: 10 6516868753 PAT OLAUGH~IN PAGE 0? Dear Mayor and City Council, I am writing to voice my concern regarding the orphanage project. Although 1 understand the humanitarian appeal of helping children, I fear for the long term consequences of this particular project. Mary 3o Copeland seems to me a sincere, as well as charismatic, individual with a strong sense of personal mission and a desire to leave a legacy to her work with children. She is also very capable fundraiser and effectively utilizes the media to support her cause. However, if this project is approved and the orphanage is built, there are still many problems facing such an institution with the mission of housing and caring for children. The size and scale of this ambitious project will require a well trained and well organized administrative staff just to cope with its institutional problems. Many of the children likely to be housed in such a facility will have special needs requiring staff members with special skills es well. There is no guarantee that the funding for such an ambitious project will be sustained beyond the time when Mary Jo is able to guarantee it. 13tcause the warehouse model is out of step with current notions of foster care and child placement, them is also a danger that it could become a dumping ground for children impossible to place in conventional foster care. The current controversy regarding the funding of special education in the schools should be a warning that the community may ttsist providing the numbers of trained staff to maintain an adequate level of care. Out of state facilities might find it in their interest to export special needs children to such a project, magnifying the problem. If the institution struggles financially, in the long run it may be purchased and transformed to serve purposes far removed from its original goal. Many hospitals built by well meaning churches have been purchased and their functions changed because of financial pressures. A local community may have difficulty maintaining cantml over a facility of such size. in the changing racial and ethnic composition of our city foster care will require a sophisticated understanding of racial and ethnic diversity including language skills and the ability to interface with a variety of ethnic and religious groups. Most institutions are struggling to provide even basic competence in this area. These are problems more easily dealt with in family based foster cart. Finally,the current problems with sexual abuse only highlight the concern about the vulnerability of children in institutional foster cart. Ail foster children are at risk but historically the greater the number of children housed together the more vulnerable they are to predatory behavior. The possible long term consequences socially and financially to the community arc an unfortunate consideration which should be addressed in this type of project. I applaud your oonctrn for children needing placement in loving care. But I would hope that Eagan will dedicate itself to advancing community support for foster parents by helping with wmmunity resources to those foster families making this important commitment. Sincerely, Patrick O'Laughlin PhD. ao~ Pa`,e 1 ut' Mike Ridley From: W RANSLOW ZUBER II{ [rannyzuber@msn.com] Sent: Friday, May 17, 2002 3:56 PM To: mridley@cityofeagan.com Subject: Orphanage Zoning To Members of the Advisory Planning Committee: The Advisory Planning Committee should be aware, as it determines whether to recommend approval to zone land in Eagan for an orphanage, that it would, in all probability, not be used as an orphanage and that the Committee would very soon be asked to approve it for alternate uses. In 1998, Governor Arne Carlson got legislative approval to fund the development of three residential academies for children at risk of academic failure. An Urban Consortium that included the Seed Academy in Minneapolis and the Hennepin County Board got state approval to construct a 64 bed residence on the campus of the Seed Academy to house African American children ages nine to twelve who are at risk of academic failure and delinquency. The Hennipin County Board approved a per diem for the residence, known as Synergy Residential Academy, of $129.54 or $47,000 per year. This did not include school costs. The residence opened its doors in September of 2001. Since then they have never had more than nine children at a time. Parents, social workers and probation officers are not willing to place children there. In March of this year when, they were down to five children in the 64 bed facility, Synergy requested stop gap funding of $30,000 from the Hennepin County Board to avoid needing to close its doors. They advised Hennipin that they would improve case finding. The board reluctantly approved the stop gap funding. Then in April when they were down to three children, they came to the board again and asked for an increase in per diem from $129.54 to $610 per day to be effective until such time as they can increase their census to the point where $129.54 per day would constitute a break even point. Although county staff advised that it is unlikely that Synergy will be able to acheive the needed numbers of children in residence and although the board was clearly dismayed, they did approve the increase to $610 per day with the proviso that county staff come in with recommendations for alternative uses for the empty space within one month. Although the month has elapsed, the staff have not yet made recommendations because the state has not yet responded to the question of whether alternative uses would be permitted by the state. Neither the state nor Hennepin County did a needs determination as to whether a residential academy for African American children ages nine to twelve was needed and would be used. The same is true for the proposed orphanage in Eagan. In fact, Dakata, Ramsey and Hennipin Counties have said it is not needed and that they would not use it. Based on the history this year with Synergy Academy in Minneapolis, they clearly mean it. Eagan needs to be aware that they would soon be faced with a white elephant at worst or ,at best, a need to find and approve alternative uses for the orphange. The notion that this is no different than approving land use for a gas station or a super market is spurious. Large amounts of public money are involved. The per diems would need to come largely from tax dollars. The stunning 30 million dollars that the Target Foundation has pledged to build the facility is money for which the Target Corporation receives tax credits. The committee needs to think very carefully about this decision. Ranslow Zuber,LSW 111 E. Kellogg Blvd. #904 St. Paul, MN 55101 651-221-0483 f~ ~'?0?00~ ~-a-o ~ /~-~- S S 3 3 7 .. ~,~-- ~ 3~ ~ ~~~~ ~~,~,, , ~ ~ spa a. ~S~-~~~-~~oi cry -ems-- Q ~a...~.~,~:~z~... ,~ .~t~a..,:~ ~ us.~~t 4 C1~-~ ~ . .yam-..`" "`_"~ a-"~ . ~~ ~ , a~3 T~liCl'~ i Cc ~~ ~~ April 2, 2002 APR 1 ? 2002 Christopher T. Priebe 4235 Thomas Ave. North Minneapolis, MN 55412 City Council Member, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear council member, In the near future, a proposal by Sharing & Caring Hands titled The Gift of Mary Children's Home will be knocking on your proverbial door, hoping that Eagan will allow them to come in. I urge you to approve the allocation of land in Eagan for The Gift of Mary Children's Home. Foster care was conceived toward the end of the nineteenth century as an alternative to almshouses and orphanages. The mission was to provide temporary care to children in need until they ~w~~laced in a permanent home. The problem is that foster homes have become a permanent option for children who are not reunited with their family or adopted. In the year 2000, there were 2,500 children in foster care in Hennepin County. 1,055 of them were considered permanency children, not likely candidates for adoption or transfer of legal custody. 17% of the prison population, 30% of the homeless population, and 40% of those receiving public assistance were formerly in foster care. The number of available quality family run foster homes is decreasing rapidly while the need for these homes is skyrocketing. Foster parents are inadequately paid and minimally screened, trained, and monitored. Foster parents are ill prepared for the multiproblem children they serve~be:galso lack the availability of resources needed to be successful with these children. nndd The Gift of Mary Children's home will provide participants with much needed stability, educational structure, and a safe environment. A11 elements are necessary for healthy development of a child, and in particular children whose development may have impeded by abuse, neglect, or poverty. Twenty homes will house up to 200 children in need, providing a consistent environment provided by a skilled staff. Education will be provided on site at the K-12 school, while participants also learn social and life skill development. Currently, 75% of sibling groups that enter foster care are split up, taking away the only consistency a child may never have known. One of the main goals of The Gift of Mary Children's home is to keep siblings together. In addition, The Gift of May Children's home will attempt to combat negative long term impacts of foster care through the implementation often teachable virtues: self discipline, compassion, responsibility, friendship, work, courage, perseverance, honesty, loyahy, and faith. If given the opportunity, The Gift of Mary Children's Home will serve as a model to other communities that value the needs of the children they protect, all that is left is the land necessary to get this project started. That is where you come in. Thank you. r Sincerel f t ~ ~ .r Christopher T. Priebe - 5 aoy ~~ I ~ \\ ~~thur. \\'a. l~:.i_an. M~ >~ I ~.i Ala. '~. ~(li~~ i\lr. ;;ar. Huusko, Cit.tir :\~i. isory Plannin_ Commission Cit. of Ea~~an 33 ~0 Pilot E~nob Road Ea~~an. Minnesota ~~ l~_' Re: Proposed Rezoning and Preliminary Planned Development Proposal, Gift of iViary Children's Home I am a city resident. I ask that you and your commission consider the following comments and requests as you review the referenced rezoning and planned development proposal: Single Phase Construction The Applicants and members of the Eagan City Council have assured concerned citizens that school-aged residents will attend a private K-12 school located on the site. Nevertheless, these concerns linger. The Applicants do not appear to have the funds in hand to complete the entire project in a single development phase. If completing the necessary fundraising proves difficult, there may be a temptation to develop the site in multiple phases. The residential portion of the site is likely much less costly than the school to complete. and the Applicant stated in the preliminary PD application that residents ~r•ould be on site before the school vas completed. Request: I ask that ~ ou recommend to the City Council that with any favorable action on this proposal that it be stipulated that no certificates of occupancy for the new residential units will be scanted until the school:'community center is completed. State Approval of the Private School The Applicant must secure approval from the State of ,Minnesota before opening its private school. Given the controversy surrounding the concept of a long-term croup home (as evidenced by attempts in the State Le_islature to bar their existence), this approval may not be easy to obtain. However, since curriculum can be developed and reviewed prior to completion of the school or the housins of any students at the site, it is not unreasonable to expect that this matter would be resolved prior to residential occupancy at the site. Request: [ ask that you recommend to the City Council that with am' favorable action on this proposal that it be stipulated that no certificates of occupancy for the new residential units will be granted until the state approves the Iti-12 curriculum to be provided to students at the site school. Special Education Services Cite of Eagan taxpayers within Independent School District 196 will be asked to shoulder approximately one-third' of the costs of any special education services provided to children residing at the site, since only hti•o-thirds of the costs of special education are reimbursed by state and federal programs. This tax burden will not be inconsequential. Twenty percent of ISD 196 student population currently receive special education services. with an average cost of more than S6,000 per student. It is recosnized by both supporters and opponents of the proposed project that the adolescent population living at the Site will have a higher percentage of students eligible for special education services, and that the level of services required ~~ ill be greater (and will cost more) than those provided the average ISD l96 student. Special education costs can range up to S?0.000 per student per year. If ~t0°.o of the 200 students on site are eligible for special education services, and if the avera__e cost is only ~0°o higher than average (i.e. 59,000), the dos ISDIe)6 will have to spe:nli more: than S'-IU,000 each year w provide z~lucatiun s~r~ ic~~ to student< at thz Vitt of ~lai1 Children~s Hume. I :un a strong supporter ut both public education and special zducatiun, and would expect my school district to do its be,t to help each student (public or private) reczive thz special education sen ic.s that thz~ are to be provided b~ law. Huwe:ver, I note that it is very unlikely [hat morn than a few cif any i of the children that mi~,ht live at the site currently reside within ISDl96. Dakota County officials have publicly stated that they will nut send children to this facility. Therefore, taxpayers in ISDIe>6 will be shuuldzrin~~ the special education costs now' be:inc borne by the communities in which any h[turz site resident nuee lives. Tlie Applicant has stated that traffic impacts associated with the proposed project will be minimal. since the development is intended to be larcely self-contained. However, students eVigible for special education may need to be bussed to the nearest ISDl96 school to receive these services. just as students at Faithful Shepherd Catholic School are currently bused to Glacier Hills Elementary School. Given the potential need, there may be significant bus traffic that would not be consistent the Applicant's claims of low traftc volumes. Request: To facilitate traffic volumes that are consistent with statements made in their project narrative, and to help address the tax burden of special education services, I ask that you recommend to the City Council that with any favorable action on this proposal that it be stipulated that the Applicant provide sufficient instructional space and facilities within its school buildinc for special education classes to be provided on- site, should ISDl96 consider this to be advantaceous and cost-effective. Additional Requests • The applicant has identified the potential reuse of the northern portion of this site as private residential properties should the proposed land use chance. To facilitate this potential reuse. I recommend that the Applicant be required to plat the residential areas as individual lots, and that all existing city codes be enforced in the development of this residential subdivision (e.g. Chapter 13 of the City Code): • I recommend that the City Council delay any vote on the proposed development until ~ The 30 public comment period on the Applicant's wetland application ends: The Applicant reviews and responds to any comments made on their Application: and. The City Council, acting as the Local Governmental Unit, thoughtfulh~ considers both public comments and Applicant's responses; and, • I recommend that the Cin Council comply with Minnesota Rules 8-120.0~?0 Subpt.:.C.(?) prior to acting on the proposed PD application and associated wetland application. Thank you for considering these requests and those provided by other city residents as you discharge your responsibilities as an advisory panel to the City Council. Sincerely, ~1 Don Elsenheimer a~ Pam Dudziak From: Joanna Foote Sent: Wednesday, May 22, 2002 11:44 AM To: Pam Dudziak Subject: FW: Follow-up to 5-21 Listening Session Pam, this came in to the webmaster and was forwarded to me. He has requested that this message be included with the APC packet for its meeting on the 28th. I spoke with Mike and he said you would take care to see that it is included. Thanks, Joanna -----Original Message----- From: Mike Maguire [mailto:mikemaguire@visi.com] Sent: Wednesday, May 22, 2002 1:12 AM To: City Council Subject: Follow-up to 5-21 Listening Session Mayor Awada, Eagan City Council, and Tom Hedges, I want to thank you for taking the time to talk to me earlier this evening about the Eagan Citizen's Education Forum on the Orphanage. I sincerely hope that you find the information in the packet on the Forum to be informative and that you take advantage of the cable broadcast and taping that I mentioned. During our conversation there were a few questions that came up that wanted to clarify and get some clarification on as well. Tom Hedges and I talked after the listening session and I would like to use this email to thank him in advance for pursuing clarification forme on the "open meeting" laws (sunshine laws as I call them) and also for attending the other questions I will pose in this note. In addition, I would appreciate it if Tom, or whatever staff follows up, can address these questions in writing preferably before the May 28, 2002 Planning Commission hearing, but certainly on or before May 30, 2002 (hard copy or email is fine). First, in tonight's listening session Cyndee Fields suggested that the "open meeting" laws precluded the council from attending the May 6th Forum. Mayor Awada supported this position as well. Of course some councilmembers had schedule conflicts and that's duly noted. However, I am not sure Councilmember Fields' reading of, if not the letter, then the spirit of th e law is correct. I asked Tom if he would follow-up with me and clarify the provisions of the law in this regard and he indicated that he would. To clarify, my contention is that councilmembers attendance would not have violated the provisions of the law 1) because it was a meeting which was open to the public and 2) because the council and its members could attend the meeting without talking amongst themselves about the proposal and/or without ao9 attempting to act on the proposal in any way. Invitees, especially "Invited Guests" were not being asked to take any action on the proposal one way or another. They were invited to take advantage of an educational opportunity that I simply cannot believe the law would preclude. The spirit of the law, and I assume the letter is consistent, is to prevent public bodies like the Council from holding meetings and doing public business in nonpublic public ways. Thus, merely attending an educational forum, whether there is business before the council or not, would not have been a violation of the law unless and/or until member of the Council actually "did business" and/or made decisions on the proposal. Discussions that would serve supplant or replace the council's official activity or action as a body would be in violation of the law. As such, my question is whether or not attendance at the Forum for 2 or more of the City Council would have been a violation of the law. Of course, we unfortunately live in a litigious society and there is not doubt that anyone can sue or accuse anyone of anything. To be clear, I'm not asking whether or not one could see clear to interpret or misinterpret the law, I'm looking for a legal opinion on whether or not attending would, as Ms. Fields and Mayor Awada maintain, be a violation of the law. Secondly, Ms. Fields suggested, in essence, that the Council is bound by their duty to look only at "land use" issues and suggested that looking at many of the issues that were discussed and asked about at the Forum, would be inappropriate. She suggested it was akin to approving the development of a Wal-Mart but trying to restrict them from selling white shoes. To say the least, I disagree with the analogy. I am interested in what issues exactly the Council is legally bound to consider and or prohibited from considering in regards to the Copeland proposal. I'd like to know, for example, what findings of fact would the Council need to make in order to rightfully approve the Copeland proposal and what findings of fact would they need to make in order to reject the proposal? It is my contention that talking about and considering how the proposed facility will operate and what it will do is indeed a consideration of land use. I want to make my position as we discussed it clear. On pages 4-5 of the Copeland proposal it states: "The City's Comprehensive Land Use Plan guides the property for office/service uses. The proposed rezoning from Agricultural to Planned Development (PD) conforms to the guiding. According to the Plan, the City intends that the triangle of land bounded by Loan Oak Road, TH 55, and ~~° the City's border with Inver Grove Heights should change over time from rural residential to office and community service [underline added]. The project would convert vacant land to a residential school use serving the community. This meets the plan's objective and is a better use of the land than its current vacant status." Mary Jo Copeland's recent claims (Star Tribune March 11, 2002) that the home would be a "on a rural residential site" aside, this portion of the proposal speaks to the proposed use of the land and suggests that in order to be consistent with the City's Comprehensive Land Use Plan, justifying the rezoning, it needs to be either office or community service. Certainly the Copeland proposal does not propose an office use. It suggests that the home will be a community service and thus consistent with the City's Plan. As such, it seems that discussions that go to whether or not this is indeed a community service, the proposed use of the planned development, are entirely appropriate considerations for the Council to make, and for meeting speakers to address. This is in contrast to the hypothetical Wal-Mart example for a number of reasons. A Wal-Mart would need to be built on land that had been zoned or rezoned for commerce/retail use. As such, the Council would look to how the applicant, in this hypothetical- Wal-Mart, intended to use the land and based on whether or not that activity was appropriate use by the zoning, or rezoning, it would approve or reject the proposal. If Wal-Mart proposed building townhouses on land zoned commercial/retail it would, I assume, be rejected. Provided that Wal-Mart was or was intending to use the land for commerce/retail, the Council would have little to no justification for rejecting the proposed development because it conformed to the zoned or rezoned use. Provided that Wal-Mart was indeed engaged in commerce/retail use, within the bounds of appropriate laws and regulation, they would be immune to the City Council's preference for them to sell or not to sell white shoes or any other legal product. If the Council tried to interfere with that activity, Wal-Mart would have strong standing by pointing to its appropriate use of the land, vis-a-vis, the zoning. to short, in the hypothetical case of Wal-Mart, the selling of white shoes clearly falls under the appropriate land use, commerce or retail, and is consistent with the zoning. In contrast, there are many questions about whether or not the Copeland's proposal would be a "community service" and thus consistent with the City's desired land use. I am not suggesting one way or another whether or not it is a community service. I am aoP~ suggesting that the relative merits or lack thereof of the Copeland proposal and how it proposes to serve youth, i.e. the community service, is indeed part of the land use discussion and not separate from it. It would seem that the City Council not only has standing to consider and talk about the community service, what the facility will do and how it will do it to benefit the community, but it has a responsibility to talk about these land use issues and take testimony on these questions. To be sure, there would still be questions about how bound to the City's Comprehensive Land use Plan guides, the Council is required to be. I would also appreciate response on those questions as well. Thirdly, beyond the questions of the consistency of the proposed use of the land with the City's Comprehensive Land Use Plan, what specifically are the parameters and limitations for the Planned Development zoning the proposal seeks? Generally speaking what kind of development "qualifies" as "planned development" as opposed to residential development? My best guess would be that there are some density differences and/or perhaps some implications in terms of the number of units being proposed for development. Is that -correct? What other implications am I missing? Can you also provide me with a brief summary of the number of "planned developments" that have been proposed in Eagan in the last five years and a table showing the size of the planned development and the time span between initial submission of the proposal and final approval of the proposal (perhaps 'plat' is the more appropriate term.)? Finally, part of Ms. Fields' argument hinged on the suggestion that this is a "private" facility and I'm interested in knowing what exactly is the difference between a public and a private facility? As I understand it, the Copeland's proposal is, again, proposed as a community service. That would seem to add a public character to the proposal. Beyond that however, the Copeland's seem to be proposing using the facility to serve participants who are in public/foster care of some sort. As such they would be taking in and using public funds for their operation. Those funds, as I understand it, would not come just from the human services provided to residents and funded by the state, but also from the educational services the cost of which would be bore by residents' home school districts or state of origin. That's why, as I understand it, the Department of Human Services and the Department of Children Families and Learning, at the least, would need to provide a a/o series of licenses and approvals for the facility to operate. If this is the case is it still a private facility? Even if it still technically a private facility it seems in every other way a public facility where the City of Eagan has, I would think, eminently defensible standing to question and or seek assurances on the operations of the facility. I would be interested to know what the private/public distinction is and what specific limitations it does or does not put on the Council's consideration of the proposal. No doubt I have asked a number of questions and I want to be clear about my motivation. I have certainly spoken and written publicly about my concern for the process that the City, the Mayor, and certain councilmembers have engaged in fielding and considering this proposal. I have not done so to suggest any illegality but instead to suggest that certain public pronouncements have not contributed to but, in my judgment, detracted from to a truly productive dialogue that helps to answer citizen's questions, respond to their concerns, and cut through the buzz of the media and the din of advocates on all sides. Ultimately, the goal of both the Planning Commission meeting, May 28, 2002, and the Council's scheduled meeting on June 4, 2002, where the proposal is tentatively scheduled for consideration, is to help members of both groups do the same so that they can consider the proposal with the due consideration it deserves. The bulk of my questions seek to understand and clarify exactly what the parameters of these discussions should be. I am confident that councilmembers and meeting participants alike will be well served to have these questions answered and appropriate clarifications made. That said, I would be remiss if I did not make clear that I think there are still many questions that I and other Eagan citizens have about this proposal and exactly what it is that the Copelands are proposing. Individually, you may not and that's your prerogative. I do however think that the Council's decision on this proposal should ultimately rest more on whether or not this is truly a good idea and the depth of that conviction and less on unclear assumptions about what can and cannot be considered. I am not opposed to Mary Jo Copeland or the truly important contributions she has made to the Twin Cities metro area. I applaud her commitment to others, her commitment to community service, and her passion for people. She is without a doubt an asset and her efforts should be accordingly valued. That said, her commitment to community service does not make her or her organization any more or less open to misjudgment or miscalculation. Good intentions do not always equate io good results. Her primary experience has been helping and sheltering the poor, not necessarily acting ~// . 5. / ~. en loco parentus. Shortly after Ronald Reagan was elected, perhaps even during his 1980 campaign, he paid for and aired a now infamous advertisement suggesting that we would be well served to "trust but verify." There are a number of questions that still have not been answered about this proposal and unfortunately, I think, for many of Eagan's residents some of their trust has been eroded because the questions have been allowed to persist. I fear that approving this proposal before those questions have been answered will further erode that trust. If that's the case, I'm not sure that Eagan residents will be able to be as welcoming as they might otherwise be. Even if your inclination is to trust the Coplelands and their plan, it would seem to me, incumbent upon the Eagan City Council, as representatives of all of the citizens of Eagan to "verify' their trust and to be sure that this is the right thing to do. For me personally, I'm finding the suggestions that the proposal should be rejected out-of-hand to be just as extremist and worrisome as those that suggest the proposal should be approved as-is regardless of the whether or not the questions that surround it are answered. As I've indicated at the opening of this note, I would appreciate as prompt and full a response as is possible. Thank you in advance. Sincerely, Mike Maguire 3325 Wren Ln. Eagan MN 55121 air 1~ 'thQ //!C'/)1U~'~5 c~~ -~~tr ~~4/~iJ;i', ~ inin;-s,i0/7~ J I ~ I~~r ley l?~JCj~~~'_ r /~-- ; ~ Wong l ~~r't u P ~^ ~1 .~/ a~f dote i/~ -~; ~~c~ ~ t' i~~ ~ n safe Sc fhc~T C'or,S~i-uCfiC~~ Cc-r~ Jo I_ rv~S~G( -~v1't.ll~crv~• .Sr nc~r~y~ C~~r:.i.~ ~"t~ /C, 3 ? ,BP~~r~i~c~ ~/3 . ti _ ~ -.z3T- . :.:_. :~~ ~~: ... U' noret a~tu Apt 318 13000 Harriet Ave. S. _ W W ~ Burnsville, MN 55337-2660 ~ ~ Z ~Y `~ - S ~ D 3 ~ L:.~ ~. E IAAY 2 9 2002 ~Q- ~ cry ~ g ~ Pte- k;,~- ~'.G . ~ «y ~~ , `I ~~i~~ ~ • " I , ~~~ ~ L ~ _~~ V~-~- / I~~QQ..~~ ~, ~J ~' //fin ~,~' ,{,,v -~` , ~~- J ' o /~ GG / / '"` t~ ~? ~J ~~' Q~~ ~ ~~-~~ ~__,SL. ~,~~ ~t~- ~~ .~- ~-t1 c~-1iQ-~ /,~ 'S.~ t~h n yi ~i~ May 31 02 07:44a p.l 1795 Cemdien Lane Eagan, MN 55122 Teleplane: 6SU405-t 857 To: Mayer Awada and Council Members From: Sandy Masin Fax 651 X81-4612 P1art~ 651 X81 X601 IM: Copeland "Orphanage" Proposal tigas: 1 Dab: 5131 /02 CG: City Administrator Hedges, Eagan Planning Commission Urgent ~ Foy Rwi~+rv O Pbas~ CommMt ^ Plgs! R~ph- O Phase u~cyCl! i urge you to deny the Copeland "orphanage" Proposal. 1. The majority of professionals that worts with children are opposed to this type of facility. The exception was the woman at the Citizens' Forum on May 6"' that said she had done a study on orphanages. However, some of her baseline statements are questionable. 2. There is no documentation that shows a need for this type of facility in Minnesota. 3. The Copeland Proposal does not follow the actual examples of institutions it uses as illustrations, tike the Hershey School, Boys' Town, or the facility in Arizona. Please do not accept unfounded statements. 4. Information Doming out on the Copeland Prol.~osal constantly changes. Obtaining accurate and relevant information on the proposal has been very difficult until the Planning Commission Meeting. In my opinion, the information and process surrounding this facility have been devious and inconsistent 5. The Copeland Plan seems to have some serious issues with the Eagan Comprehensive Plan and Zoning Plan. if you have a conscience and care for children, I urge you to deny this institution. If you have a commitment to do what is best for the people of Eagan, 1 urge you to deny this proposal- 7f~ank you for your consideration. pis ~s,~,~ FOR CITY USE ONLY Petition No. ~' ~1 Date Received S-~ -OZ Presented to Council - ~/-(3 Z. PETITION LOCATION/SUBDIVISION Gift of Mary Children's Home 510 Lone Oak Road; 3434 Highway 55; 3432 Highway 55; 3430 Highway 55; P.I.N. 10 01200 010 O1Roa UWe, the undersigned, owners of the real property adjacent to co ~n y Road 26 (L.one Oak., ~~treet) or within hereby petition for: Street Improvements Sanitary Sewer Water Supply Storm Sewer Street Lights Other (Explain) x Subdivision, I/We understand that this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, I/We hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Applicant and Sicnature of~i.and Owner Address of Pronertv 1. 2. UWe hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. (Signature) G: Forms&Lisu/FeasdevFm.doc - 5/97 ~.. L.~ -~ t..~-,~ PETITION FOR CITY USE ONLY Petition No. ~ 7 Date Received ~~i "a -~ a-- Presented to Council (c - cf -(; LOCATION/SUBDIVISION Gift of Mary Ch; l dren' s Home 510 Lone Oak Road 3434 Highway 55; 3432 Highway 55; 3430 Highway 55; P.I.N. 10 01200 010 O1 I/We, the undersigned, owners of the real property adjacent to state Trunk Highway 55 (Street) or within .hereby petition for: Street Improvements Sanitary Sewer ~~ Water Supply x Storm Sewer Street Lights Other (Explain) Subdivision, I/We understand that this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. UWe understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, UWe hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Applicant and Signature o~,and Owner Address of Pry eLrtv _ 1. 2 I/We hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. ~ (Signature) ~~~5 ~~~~ ~~~~~~U`_ G: Forms&Lists/FcasdevFm.doc - 5/97 ~ ~ ~~J~P" ~. ~ ~.. ~,..~ Surplus property (office remodeling May 2002) Standard desks (50"x 30")-18 Long tables (30"x 72")9 Movable computer desk (on wheels)-4 4-shelf bookshelves-6 3-shelf bookshelves-2 Round tables (42 inches)-6 Work chairs-21 Computer table (various sizes and styles)-6 Credenzas-3 CITY OF EAGAN POSITION WRITE-UP 5-21-02 POSITION TITLE: Activity Center Manager DEPARTMENT: POSITION REPORTS TO: Parks and Recreation Director of Parks and Recreation MAJOR AREAS OF ACCOUNTABILITY Plans, develops and directs use of the Community Center to provide opportunities for constructive use of leisure time for all user groups, while maximizing potential income. • Coordinates activities with Division Staff, Fitness Manager, Maintenance and Parks and Recreation Department • Directs ongoing promotional and public relations programs; coordinates with Central Park activities. • Coordinates the timely development of publicity and information through brochwes, cable TV, Internet, news releases, flyers, etc. • Develops innovative use of low use time. • Follows up on user's concerns to assure good customer service • Develops good relationships with the public, civic groups, local businesses, vendors, youth athletic association, teens and seniors. • Oversees the development of a broad base of recreation programs including a comprehensive fitness program. • Oversees rentals of the Community Center; coordinates with maintenance staff, users, caterers and other vendors. • Attends Advisory Park and Recreation Commission and/or City Council meetings as necessary. Plans, directs and oversees the functions of the Community Center and it's maintenance to ensure that its operation meets the needs of user groups, while insuring the imegrity of the physical plant. • Plans and directs a janitorial and maintenance program to assure that the facilities are in optimum condition to assure a safe and enjoyable environment for users. • Prepares long term renewal and replacement program • Duectly or indirectly maintains equipment service logs • Insures building security system and procedures are adequate • Effectively manages the operation of the Community Center in Central Park through planning, promoting, budgeting, maintaining the physical resource, coordinating and integrating various user groups. Schedules activities and supervises personnel of the Community Center to pravide adequate staff coverage for optimum service levels at all times. • Directly or indirectly trains and supervises the clerical, janitorial, maintenance, progam and service staff. • Develops and maintains a schedule for personnel that maximizes service but assures efficient use of resources. • Effectively uses personnel to assure the safety and enjoyment of users and assures that the facility is used properly. • Develops and implements employee safety training programs with emphasis on accident prevernion, handling hazardous waste and first aid education. Develops and submits budget. Adheres to approved annual budget. • Reviews accounting reports to assure that revenue and expenditure goals are being met. • Approves purchases of materials, supplies and equipment within budgetary limitations. Develops and supervises the accounting procedures for the Community Center. • Oversees and supervises user fee system for all facility components. • Establishes procedures and policies for progam registration consistent with Parks and Recreation Department procedures; develops and monitors procedures for verifying and tracking facility usage by constituents. • Determines pricing and commodities for concession sales and monitors vending and concession operations. • Supervises billing and accounting procedures; reviews billings to assure accuracy, timeliness and prompt collection • Follows up on delinquent payments to mitimize accounts receivable Performs other duties as apparent or assigned. PERFORMANCE CRITERIA Relationship with fellow employees, general public and officials will be gauged by the feedback received from those individuals with regard to: responsiveness, accountability and day-to-day work relationships. Staffing is achieved so as to provide competent employees who project a favorable image, are open to community needs and input, and maintain the highest level of service to the public. Effectiveness of management will be demonstrated by facility appearance, cost effectiveness of mairnenance activities and minimal number of complaints. Efficient and effective coordination of center activities can be gauged by achievement of an equitable allocation of available time to users, and yearly program objectives and goals in relation to program costs. Incorporates new techniques and practices in the area of facility management to ensure the best quality facilities and services and the lowest cost. Adequacy in budgetary matters is determined by ability to define fiscal priorities, defend such priorities and meet priorities within established budgetary guidelines. SUPERVISION OF OTHERS Direct and indirect supervision of full-time, part-time and seasonal staff including clerical, maintenance, fitness and service personnel. QUALIFICATIONS A Bachelor's Degree in Park and Recreation Administration or closely related field. Combination of training and experience equal to four years in the operation of facilities. Substantial ability to set objectives and direct resources to accomplish those objectives Ability to develop and maintain effective working relationships with employees, public officials and the general public. Ability to plan and promote business volume so that the Community Center generates sufficient income to meet revenue goals. Demonstrates ability to plan, organize and supervise the work of both part-time and full time workers. Ability to work with all age groups and effectively communicate with them. Computer experience using CLASS, Microsoft Word and Excel. Knowledge of proper maintenance procedures and the ability to give effective supervision to provide such maintenance. Ensure optimum condition and minimize down time. Ability to communicate clearly and effectively in both oral and written English. Possession or the ability to possess a Minnesota driver's license and satisfactory motor vehicle report. DESIRED SKII.LS AND AB]LTTIES • Knowledge of building mechanical systems • Experience in dealing with the delivery of recreational programs -including teens, seniors and youth • Basic accounting and financial application. • An understanding/experience in the delivery of fitness programs and health related activities. .-' CITY OF EAGAN 3830 Pilot Knob Road ' ~ Eagan, MN 551 Z2 ~6#Z) 681 X600 APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles of incorDOration and by-laws. Applicants Name (Business, Partnership, t:orporatan) 5 ~ ~ ~. ~ ~ ~ ~I ~. ~ C. Trade Name or DBA n C~c~ Sid-~~ e ~ :s ~2~ 5 ~-c~.~~ ct,L`-,I}1_ Business Address Business Phone plicants Home Phone city ~~-dL,CZ.I~ County sate zip code ~J~~E~~ -~~ 5~ l~ Name of Rest rant Ma{n-~ager~ ~ ~ .~ ~ ~ anagsr DOB License period I /~ ~7 From:! ~IZTo: 2 -~ ~ I ~-t~' l C (~ ~ - 1 V C~ l9 If a corporation,give name,tRk,addre hone numbers and date of b' h oteach officer. Ita pertnership,give name, address,phone number and date of birth of each partner Partner/Officer Full Name and Titk Address Business Phone Home Phone DOB Partner/Officer Full Name and TRk Address Business Phone Home Phone DOB Partner/Officer Full Name and Title Address Business Phone Nome Phone DOB LICENSE TYPE: ON~ALE RESTAURANT ~i'. ~~ Amount floor area ~~~ ~~ ~~ 11~~ Number seating +l,G~ Arµ~ ~ _Q; ,c4 Hours food available _ rk ~ Number employees ~ (~t~ rt -M.~Fc l6;oZ(~11~1 1 ~;v'~~ti~, . Lt,•nc-ts~+{~ ON-SALE HOTEL Amount floor areal dining room(s) Seating/dining room(s) Hours food available Number of guestrooms ON~ALE CLUB Amount fbor area/ dining room(s) Seatirlg/dlning room Hours food available FOR CLUB LICENSE ONLY: Date of Incorporation: Purpose of Club: Number of members: Qfficers Board or Directors Manager Full Name .. r\ ~ Address ~ ~ DOB Full Name Address ~ DOB Full Name Address DOB .' During the pat ear has a summons been issued under the Uquor Civil Liability Law MS 304A.802? Yes ~ No If yes, attach summons copy. ' . Has Applicant or any of the Associates been convicted during the past five years of any violation of federal, state or local liquor law? Yes ~ No If yes, give dates and details. Are any taxes,assessments or utility bills for the premises unpaid or deliquent? Yes ~ No If yes, give reasons. Have you ever had a license suspended or revoked? Yes // No If yes, give dates and reasons for action. What vendor of amusement devices will have machines on the premises? ~ ~ ~ ~- Name of vendor Address # of Machines D e s c ~ ``..i11 b e p r o p o s e d entertainment: ~ ll~ DOCUMENTATION: Provide two copies of Articles of Incorporation for each corporation with financial involvement ~ Dine Provide financial statement of net worth for all principals who have at least five percent (5%) interest in the business, partnership or corporation. The statement must be prepared by a CPA. i/ 1~ah~ Complete a general information form for each business, partnership or corporation. ~/ ~,me Complete a personal information form for each person who has a five percent (5%) interest in the business,partnership or corporation.\/ ~c~ Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action.v j,~~ Provide Certificate of Insurance covering liquor liabitity.l/ t~~n~ ~l SlC>~-- Date App' Su cribed ands orn~o before me / - ~ ,ki this 1 ~ day of , ' ~Z DENNIS B. JDHN90N NOTMY PU6UCr1~~ My commission Exgiwt ... Notary j Notary Pubic County My ~rrwt~ission expires: POLICE DEPARTMENT REPORT Comments: Date Department Title Signature ~ Minnesota Department of Public Safety d~~y: LIQUOR CONTROL DIVISION r 'r'te 444 Cedar St., Suite 100 L, St. Paul, MN SSI01-2156 ~ ~_~! •~ --~ Fax (612)297-5259 ~~ ms's` (612)296-6430 TTY (612)282-6555 CERTIFICATION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE No license will be approved or teieased until the 520 Retailer ID Card tee b rerelved by 1t+IIV Liquor Control workers compensation Insurance company LICENSEE'S SALES dt USE TAX ID # _ ~(,lC.~ ~rut~~utct To apply for _ Policy# >~a~ ~a~s~ tax number, cell 29t>-6181 or 1-80057-3777 1 CI7Y OF ~, ~ ~`'d~ ~ (,/ ISSUIIVCOUNTY OFD ~~O ~~t Liorasx Namc (Corporatioq Partnership, Individual) DOB Trade Namc or DRA d ~ ~C t ~ 1 Y(E' S E'S I Ct Ct`"ci ~'j ~X (~ ` i~ G /~itj~ ~. L. L ~' Business Address Ciry Zip Code sc Type (Chocl- one or both) License rn ~~` ~~ ~ ~o J ouary On Sale Sunda To / From r o On Sa1c I.icease Number On Sak Foe Sunday License Numbs Sunday Foc Business Phone lta artnershi state the name and address oteach ar tner If a co rati on :fate the name and address oteach officer. Partner/Officer Name (T'irsi, middle and last) DOB Title Addresses ~" c.JC~' ~.~-lz~~~2~~~ Parma/Officer Name tTirst, middle and last) DOB Title Address ;; Partner/Officer Name (First, middle and last) DOB Title Address The Licensee must have one of the following: • (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) au A_ Liquor Liability Insurance (Dram Shop) - 550,000 per person; S 100,000 more than oac person; S 10,000 Property Destruction; SS0,000 and S 100.000 !or loss of mans of support. Q D13. A bond of a surety company with minimum coverage as spocified above in A. Q OC. A ecrtificatc from the State Treasurer that the liocnscc has deposited with the State, Trust Funds Laving a market value of 100,000 in cash or securities. ~ Yes NO During the pass license year has a summons boon issued under the Liquor Civil Liability Law (Dram Shop)? If es, attach a co of the summons. eck e i t Cir+clc ooe Transaction Type New 0 RevokdCanxl Snspend/RevokdCaaoelled Transfer D S 'on From To Transfer of ownership from (Name and Address) I ~ iUF S a ~ ~~~~L ~T ~ G . ~ d J6t~ P.~4 1~--~~1,CP , 1 certify that this license was approved in an official meeting by the governing body of the city or county. Ciry Clerk's Sipnaturc Date IMPORTANT NOTICE All retail liquor liccnsets must ha~•e a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol, Tobacco and Firearms. For lritormation call (612)290-3496 PS 9011-94