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07/02/2002 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 2, 2002 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE H. ADOPT AGENDA M. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA JO *I A. APPROVE minutes a' B. PERSONNEL items f~ C. RATIFY check registers for June 20, 2002 and June 27, 2002. l0 D. APPROVE 2002 new Tree Contractor License E. APPROVE Off-Sale Liquor License for Comers Liquors Limited, Oakview Plaza Unit #2, 3090 Courthouse Lane F. APPROVE 2002/2003 Massage Therapy Establishment License renewals. P13G. APPROVE PROCLAMATION - National Night Out 2002 b~ H. RECEIVE petition and schedule public hearing to consider right-of-way vacation (Eagan Heights Townhomes 3rd Addition) )91. RECEIVE bids and award Contract 01-05, (Cedar Grove Access Modifications) J. RECEIVE petition and schedule public hearing to consider right-of-way vacation (Denmark Avenue - Olson/Burger Addition) K. DIRECT City Attorney to prepare an amendment to Chapter 11 of the Eagan City Code to allow on-sale liquor as a conditional use in the Business Park (BP) zoning district. L. DIRECT City Attorney to prepare an ordinance amendment regarding employment background checks l,a?M CONTINUE consideration of duplex lot split - Glenn Hartzell. Duplex lot split for individual ownership for Lot 8, Block 5, Wildnemess Run 5`h Addition. N. APPROVE Cedar Grove Redevelopment Area Draft AUAR for distribution - City of Eagan. asO. APPROVE Easement Agreement with Dakota County, Project 751R (Dodd Road, Cliff to Butwin - Street & Utility Improvements) P. APPROVE "No-Parking" Resolution for Cedarvale Boulevard r V0Q. APPROVE contractual services for airport security ~ R. AUTHORIZE time extension for development agreement - 01-N (Manley Addition Street and Utility Improvements) to October 15, 2002 V. 6:30 - PUBLIC HEARINGS VI. OLD BUSINESS y ?A. ORDINANCE AMENDMENT - Chapter 4 regarding definition of "governmental signage". VII . NEW BUSINESS fs/ A. PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE CONSTRUCTION. A Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park from a one-story building to a two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE'/. of Section 16. / B. PLANED DEVELOPMENT AMENDMENT - SABONGI CONSULTING GROUP. A Planned Development Amendment to amend the use of Lot 1, Block 1, Honey Tree First Addition from a II hotel to five one-story office buildings, located on Erin Drive in the SW of Section 30. b SC. PRELIMINARY SUBDIVISION - ANCHOR BANK. A Preliminary Subdivision (Anchor II) of approximately 3.63 acres to create two lots for commercial development, legally described as Lot 1, Block 1, Frank's Nursery and Crafts Addition, located at 1360 Duckwood Drive in the W of Section 15. )OCD. ORDINANCE AMENDMENT - CITY OF EAGAN. An Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning) Section 11. 10, Subd. 29.6 concerning limiting the number and length of garage sales, and to not allow the sale of items purchased for resale or items received on consignment for resale. elt E. APPROVE plans/authorize ad for bids, Contract 02-17, Streetscaping (Central Parkway and Cedar Grove) VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT XI. VISITORS TO BE HEARD XII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. city of eagan MEMO • MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 28, 2002 i.• SUBJECT: AGENDA INFORMATION FOR JULY 2, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 2, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 2, 2002 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the June 18, 2002 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 18, 2002 regular City Council meeting are enclosed on pages •3 through. r a MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL DRAFT Eagan, Minnesota June 18, 2002 A regular meeting of the Eagan City Council was held on Tuesday, June 18, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Cyndee Fields and Councilmembers Bakken, Carlson, and Tilley. Mayor Awada was out of town. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Acting Mayor Fields announced that item A under Old Business regarding Manley Addition and item C under New Business regarding Covington Townoffice Park is being pulled from the agenda at the request of the applicants. Councilmember Tilley requested that item X on the Consent Agenda be pulled for discussion. City Administrator Hedges noted an additional personnel item to be placed on the Consent Agenda as item AA. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the June 4, 2002 regular City Council meeting, the June 4, 2002 Listening Session minutes and the June 4, 2002 Special City Council workshop minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Thomas Miklya as a Building Inspector. 2. It was recommended to approve the hiring of Lawrence pierce as a utilities maintenance worker. 3. It was recommended to approve the hiring of Michael Bauer as an ice arena/pool maintenance worker. 4. It was recommended to approve the hiring of Susie Scott as a part-time Clerical Tech III in the Community Development Department. 5. It was recommended to approve the hiring of Roy Prudencio, Daniel Bjerke and Andrew Koppang as seasonal park workers. 6. It was recommended to approve the hiring of Richard Sullivan, Brian Hopkins, Elizabeth Erkel, Adria Carlyon and Danny Kriha as seasonal park maintenance workers. 7. It was recommended to approve the hiring of Nathaniel Dorff and Beth Guse as seasonal GIS/GPS Interns. 8. It was recommended to authorize the hiring of Administrative Intern (Dianne Lord) as Assistant to the City Administrator. C. Ratify Check Registers. It was recommended to ratify the check registers dated June 6, 2002 and June 13, 2002 as presented. D. 2002-2003 Service Station License Renewal. It was recommended to approve 2002-2003 Service Station License renewals for the Cedarvale Texaco. E. 2002 Amusement Device License Renewals. It was recommended to approve 2002 Amusement Device License renewals for the following: Valley Lounge, Mediterranean Cruise, LaFonda's, Piccolo's, Wal-Mart, Cherokee Sirloin Room, Pizza N Pasta, Diamond T Ranch, Al Baker's, and Cub Foods. 3 Eagan City Council Meeting Minutes June 18, 2002 D Page 2 R F. 2002 Massage Therapy Establishment License Renewal. It was recommended to approve 2002 Massage Therapy Establishment License renewal for Cole's Salon. G. Telephone System. It was recommended to authorize solicitation of bids for the City telephone system. H. Final Payment - Community Room. It was recommended to approve final payment of the Community Room Construction Contract. 1. Declare Airport Relations Commission Vacancy. It was recommended to appoint Airport Relations Commission alternate Michael Cook to fill the remainder of a tree-year term and declare the ARC alternate position vacant. J. Hearing Regarding Liquor License for Davanni's Pizza. It was recommended to direct the City Clerk to schedule a mandatory hearing for Davanni's Pizza regarding liquor sales violations and to appoint the City Clerk as the hearing officer of the proceedings. K. Connection Charge Agreement - Prowire, Inc. It was recommended to approve the connection charge agreement with Prowire, Inc. L. Bids for Interior Low Voltage Voice and Data Cabling for the New CitLEagan Community Center. It was recommended to authorize solicitation of bids for interior low voltage voice an data cabling for the new City of Eagan Community Center. M. Contract 01-05. It was recommended to revise the bid opening for Contract 01-05 (Cedar Grove Access Modifications) to 10:30 a.m., June 27, 2002. N. Contract 01-13. It was recommended to award the contract for Contract 01-13 (Evergreen Park/Ponds BP-15 and BP-16 - July 2000 Storm Mitigation Improvements Area #5). 0. Project 98-C. It was recommended to acknowledge the completion of Project 98-C (Marice Addition) and authorize perpetual City maintenance subject to warranty provisions. P. Contract 01-04. It was recommended to approve Change Order No. 4 to Contract 01-04 (Central Parkway - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 02-15B. It was recommended to award contract for Central Park / Community Center site improvements to the recommended bidder and authorize the Mayor and City Clerk to execute all related documents. R. Change Order Number 3 - Eagan Community - Center. It was recommended to approve change order number 3 in the amount of $51,779 for the contractors identified. S. Change Order Number 1 - Eagan Well House Number 20 / Park Pavilion. It was recommended to approve change order number 1 to Ebert Construction in the amount of $8,819.00. T. Sign Ordinance. It was recommended to direct staff to review sign ordinance regarding definition of "governmental signage". U. Findings of Fact - Parkview Golf Club. It was recommended to adopt Findings of Fact, Conclusions and Resolution of Denial of the Conditional Use Permit (Parkview Golf Club) located at 1310 Cliff Road (Lot 1, Block 1, Parkview Golf Club Addition) in the NW of Section 34. V. Project 99-R. It was recommended to acknowledge the completion of Contract 99-R (Lexington Pointe. 14'h Addition - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. W. Project 01-E. It was recommended to authorize the time extension of the development agreement for Project 01-E (Oakbrooke 5' Addition - Street and Utility Improvements) to June 15, 2003. Y. Contract Agreement - Community Center Rental Space. It was recommended to approve the proposed contact agreement to be used for community center rental space. Z. Sam's Club Off-Street Parking Review. It was recommended to acknowledge review and determination that there is no need for Sam's Club to provide additional off-street parking. A.A. Resignation of Brittany Carol. It was recommended to accept the resignation of Brittany Carol as Police Dispatcher. Eagan City Council Meeting Minutes June 18, 2002 DRAFT Page 3 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 X. Agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA Championship Golf Tournament. City Administrator Hedges discussed the proposed agreement for Eagan Police Officers to volunteer to assist the City of Chaska during the PGA tournament to be held from August 9, 2002 to August 18, 2002. He clarified that the Police Officers would be working on a volunteer basis and that the City of Chaska will provide workers' compensation insurance for the Eagan officers providing volunteer assistance. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA championship Golf Tournament. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCE - CHARLES BRAGG (1899 SUNRISE COURT) City Administrator Hedges introduced this item regarding a 15 foot variance from the required 30 foot front yard setback for the construction of a living space addition to an existing single family dwelling on property located at 1899 Sunrise Court. Senior Planner Ridley gave a staff report. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a 15 foot Variance from the required 30 foot yard setback for the construction of a living space addition to an existing single family dwelling on property located 1899 Sunrise Court (Lot 11, Block 4, Suncliff 1" Addition) in the NW of Section 29 subject to the following conditions. Aye: 4 Nay: 0 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 addition shall match those on the principal structure. 3. The addition shall comply with all applicable provisions of the Zoning Ordinance. VARIANCE - ROBERT MUELLER (1948 SAFARI TRAIL) City Administrator Hedges introduced this item regarding a variance from the 578 square foot maximum area for the construction of a 1,090 square foot detached garage on property located at 1948 Safari Trail. Senior Planner Ridley gave a staff report, explaining that this issue had been presented to Council as a conditional use permit request in April and was tabled due to a moratorium on accessory buildings. The Council approved a Zoning Ordinance Amendment in May that limited the area of detached garages which now warrants that a variance be requested for the proposed detached garage in excess of 578 square feet. Soo, Eagan City Council Meeting Minutes June 18, 2002 DRAFT Page 4 Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a 512 square foot variance from the 578 square foot maximum area for the construction of a 1,090 square foot detached garage on property located at 1948 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW of Section 32, subject to the following conditions: Aye: 4 Nay: 0 1. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number to Lots 13 and 14. 2. The accessory structure shall not encroach into the private additional yard and recreation area easement on Lot 14. 3. Total area of all accessory structures shall not exceed 1,942 square effect. 4. A Tree Preservation Plan shall be submitted at the time of building permit. 5. The detached accessory structure shall exhibit the same color and materials as the principal structure. 6. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 7. Living space shall not be permitted in the accessory structure. Water and sewer service shall not be permitted. 8. The accessory structure shall meet all other Zoning Ordinance requirements. 9. 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. NEW BUSINESS CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATION ON DRAFT AVIATION POLICY REPORT City Administrator Hedges introduced this item regarding a draft of the Aviation Policy Report. Assistant City Administrator Verbrugge gave a staff report. He noted that the Airport Relations Commission recommended the City Council recommend the draft policy be moved forward by the Metropolitan Council for inclusion in the Regional Blueprint. Councilmember Tilley moved, Councilmember Carlson seconded a motion to recommend the Metropolitan Council move ahead with Aviation Policy Plan Update 2000-2020. Aye: 4 Nay: 0 CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON JOINT AIRPORT ZONING BOARD City Administrator Hedges introduced this item regarding the recommendations of the Eagan Airport Relations Commission related to the MSP Joint Airport Zoning Board. Assistant City Administrator Verbrugge gave a staff report. City Attorney Dougherty addressed the potential liability of the City in regard to decisions made by the Zoning Board. City Administrator Hedges discussed the lack of insurance coverage in the event of a lawsuit. Councilmembers agreed to take no action on the recommendations to the MSP Joint Airport Zoning Board in an effort to relay a message to the Board that the liability issue needs to be resolved. 6 Eagan City Council Meeting Minutes June 18, 2002 DRAFT Page 5 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges informed the Council that a representative to the Management Committee of the Cedar Avenue Corridor Transit Way Technical Committee needs to be appointed. Councilmember Carlson nominated Councilmember Tilley as representative to the Management Committee of the Cedar Avenue Corridor Transit Way Technical Committee. Councilmember Fields seconded the nomination. All voted in favor. Alan Miller, Chair of the Burnsville/Eagan Telecommunications Commission updated the Council on the status of the cable franchise sale that is currently being negotiated. ADMINISTRATIVE AGENDA ALLOCATION OF COUNCIL TRAVEL BUDGET TO ADVISORY TELECOMMUNICATIONS COMMISSION City Administrator Hedges discussed a request from Alan Miller, Chairperson of the Joint Burnsville/Eagan Telecommunications Commission to travel to the NATOA conference. He further discussed available funds within the Council conference budget that could be allocated to the Advisory Telecommunications Commission in 2002. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a maximum of $2,000 of the City Council travel budget for the Chairperson of the Telecommunications Commission to attend the NATOA Conference. Aye: 4 Nay: 0 Councilmember Tilley provided information regarding the success of the Job Fair that was held in May. Councilmember Carlson reminded the public of the upcoming 4" of July celebration. Councilmember Bakken cautioned everyone to be careful with fireworks. ADJOURNMENT The meeting was adjourned at 7:40 p.m. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3 830 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. Agenda Information Memo July 2, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Peter McIlhon and Jason Wheeler as seasonal park maintenance workers. Item 2. Resignation/Dispatch Supervisor- ACTION TO BE CONSIDERED: To accept the resignation of Kathy Bartel, Dispatch Supervisor. S Agenda Information Memo July 2, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 20, 2002 and June 27, 2002 as presented. ATTACHMENTS: • Check registers dated June 20, 2002 and June 27, 2002 are enclosed without page number. 9 Agenda Information Memo July 2, 2002, Eagan City Council Meeting D. 2002 NEW TREE CONTRACTOR LICENSES , ACTION TO BE CONSIDERED: To approve new Tree Contractor Licenses for Sherwood Rohde Tree, 1495 Burlington • Road, Two Harbors, MN, and Sherwood Tree, 12195 Upper 167`h Street, Lakeville, MN. FACTS: The applications have been reviewed by staff and deemed in order. ATTACHMENTS: v • None /O Agenda Information Memo July 2, 2002 E. APPROVE OFF-SALE LIQUOR LICENSE FOR COMERS LIQUORS LIMITED ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Comers Liquors Limited, 3090 Courthouse Lane. FACTS: • Shannon Comer has applied for an off-sale liquor license with the City of Eagan. She is the sole officer of the corporation and will be operating Comers Liquors Limited under the name Comers Liquor Unlimited. • The off-sale will be located at 3090 Courthouse Lane, Unit #2 in the Oakview Plaza. • The required documents have been submitted and have been reviewed and deemed in order by City staff. • The Police Department has conducted an investigation on the owner and does not find any reason to deny the applicant the off-sale liquor license. ATTACHMENTS: • Memo from Police Department regarding background check enclosed without page number. • Application enclosed without page number. Agenda Information Memo July 2, 2002, Eagan City Council Meeting F. 2002/2003 MASSAGE THERAPY ESTABLISHMENT LICENSE RENEWALS ACTION TO BE CONSIDERED: To approve 2002/2003 Massage Therapy Establishment License renewals for Neuromuscular Connection, 4580 Scott Trail, Eagan, MN; and Southwest YMCA, 550 Opperman Road, Eagan, MN. FACTS: The applications have been reviewed by staff and deemed in order. ATTACHMENTS: • None Agenda Information Memo July 2, 2002 Eagan City Council Meeting G. NATIONAL NIGHT OUT ACTION TO BE CONSIDERED: To approve a proclamation observing August 6, 2002as national Night Out. FACTS: • The 19`" Annual National Night Out is scheduled for Tuesday, August 6, 2002 from 6:00 to 9:00 p.m. • This event is sponsored by the Eagan Police, Fire Parks and Recreation and Public Works Departments with support from the Eagan Citizens Crime Prevention Association and the Eagan Healthy Communities Initiative. • The event is designed to help make citizens aware of the importance of crime prevention programs in reducing crimes, drugs and violence within communities. ATTACHMENT: Proclamation attached on page 13 CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2002 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 6, 2002 called "National Night Out"; and WHEREAS, the "19th Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2002" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "19th Annual National Night Out" on August 6, 2002. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 6, 2002 as "National Night Out" in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: ` Dated: CERTIFICATION I, Maria Karels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2" day of July, 2002. Maria Karels, City Clerk Agenda Information Memo July 2, 2002 Eagan City Council Meeting H. OLD SIBLEY MEMORIAL HIGHWAY (EAGAN HEIGHTS TOWNHOMES 3'D ADDITION) RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public right-of-way and schedule a public hearing to be held on August 6, 2002. FACTS: • On June 12, 2002, City staff received a petition from Mr. William Diedrich, owner of Diedrich Builders, Inc., requesting the vacation of public right-of-way on the portion of Old Sibley Memorial Highway adjacent to the proposed Eagan Heights Townhomes 3' Addition, north of Diffley Road and west of Highway 77 (Cedar Avenue) in west-central Eagan. • The purpose of the request is to allow the incorporation of potentially excess right-of- way area into the Eagan Heights Townhomes Yd Addition subdivision plat. • City Council consideration of the Eagan Heights 3' Addition preliminary subdivision scheduled for the regular Council meeting July 16, 2002. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS: • Location map, page • Legal Description/Graphics, pages and . /Soo i \ o,_ .1 O SILVER BELL RD. 0 LL. ~ fie; I AQ7 ,o IFFLEY U RD.I DIFFLEY ! ROAD PROPOSED VACATION j Z. Z Y' ) j / / P j Q ~ J gl ~ CLIFF RD. CO RD. 32 ) m CLIFF ROAD I ' llI ~~m~T~ \ I I (r l GW. msoAs%0LD SIBLEY VACATION. Diffley & Old Sibley Memorial Hwy. 6/18/02 Vacation Location Map City of Eagan RIGHT OF WAY VACATION DESCRIPTION (WESTERLY SIDE OF OLD SIBLEY MEMORIAL HIGHWAY) That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota within PARCEL 216A, as designated per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-5, according to the recorded plat thereof. Said parcel to be vacated is described as follows: Commencing at the Southwest comer of said Southwest Quarter of Section 19; thence on an assumed bearing of North 89 degrees 53 minutes 52 seconds East, along the south line of said Southwest Quarter, a distance of 200.00 feet; thence North 0 degrees 02 minutes 26 seconds East a distance of 581.12 feet to the southeasterly right of way line of State Trunk Highway No. 13; thence North 33 degrees 07 minutes 10 seconds East, along said right of way line, a distance of 2.11 feet to the point of beginning of the parcel to be described; thence continuing North 33 degrees 07 minutes 10 seconds East, along said right of way line, a distance of 31.36 feet; thence South 13 degrees 36 minutes 19 seconds East a distance of 376.27 feet; thence South 1 degree 03 minutes 53 seconds East a distance of 168.28 feet; thence South 89 degrees 53 minutes 52 seconds West a distance of 10.48 feet; thence North 0 degrees 06 minutes 08 seconds West a distance of 142.00 feet; thence North 15 degrees 00 minutes 32 seconds West a distance of 378.61 feet to said southeasterly right of way line of State Trunk Highway No. 13 and the point of beginning. RIGHT OF WAY VACATION DESCRIPTION (EASTERLY SIDE OF OLD SIBLEY MEMORIAL HIGHWAY) That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota within PARCEL 216A, as designated per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-5, according to the recorded plat thereof. Said parcel to be vacated is described as follows: Commencing at the Southwest corner of said Southwest Quarter of Section 19; thence on an assumed bearing of North 89 degrees 53 minutes 52 seconds East, along the south line of said Southwest Quarter, a distance of 200.00 feet; thence North 0 degrees 02 minutes 26 East a distance of 581.12 feet to the southeasterly right of way line of State Trunk Highway No. 13; thence North 33 degrees 07 minutes 10 seconds East, along said right of way line, a distance of 33.47 feet; thence South 13degrees 36 minutes 19 seconds East a distance of 376.27 feet; thence South 1 degrees 03 minutes 53 seconds East a distance of 168.28 feet; thence North 89 degrees 53 minutes 52 seconds East a distance of 70.01 feet to the point of beginning of the parcel to be described; thence North 1 degree 03 minutes 53 seconds West a distance of 177.14 feet; thence North 13 degrees 36 minutes 19 seconds West a distance of 74.97 feet; thence North 89 degrees 53 minutes 52 seconds East a distance of 14.72 feet; thence South 15 degrees 00 minutes 32 seconds East a distance of 98.23 feet; thence South 0 degrees 06 minutes 08 seconds East a distance of 155.09; thence South 89 degrees 53 minutes 52 seconds West a distance of 19.51 feet to the point of beginning. l7 R.O. W . TO BE VACATED e ~ N o 37 C i' 6 S O : 1 X 2: 3: s t3 ' Z ~ S • e S 7 •6 Y: tD Z t t• 2 13 : u S eJ I ,3 Ie~ ' S a d t9/~ X es ^ i a • 17 I = s _ E 30 ~i u 42 .3 Z+ r-A + z9 • 26 ~26 27 226 213 "24 = 23 22 21' 20 19 : t6 J.o70 . U R < 2 » a l) .t n e ) .tFUat CJ~CSS~oJ ti 1 2 ~s ».vext D I~ F F E E Y R 0 ADIEFLEY ROAD DIFFLE.Y ROAD R 8p ( C. S. A. G Naeftl IG%M0 S16LE`I #,CATM j Diffley & Old Sibley Memorial Hwy. 6,18,02 Proposed R.O.W. Vacation City of Eagan Agenda Information Memo July 2, 2002 1. CONTRACT 01-05, CEDAR GROVE ACCESS MODIFICATIONS ACTION TO BE CONSIDERED: Receive bids for Contract 01-05 (Cedar Grove Access Modifications), award the contract to S. M. Hentges & Sons, Inc., for the base bid in the amount of $2,900,056.41 and Bid Alternate #2 in the amount of $72,000.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-05 provides for the intersection modifications of Trunk Highway (TH) 13 and Silver Bell Road and Silver Bell Road, Cedarvale Boulevard and Cedar Grove Pkwy (formerly Beau D'Rue), including median improvements and a new traffic signal at this new intersection, associated utility improvements and streetscaping, all as part of the Cedar Grove (Cedarvale) redevelopment efforts, and as outlined and discussed in the feasibility report (Project 800R). It also includes street improvements for Cedar Grove Parkway and Silver Bell Road as outlined and discussed in the associated feasibility reports (Project 759R & 801). • On May 7, 2002, the Council approved the plans and specifications under Contract 01-05 and authorized the advertisement for competitive bids to be held at 10:30 a.m. on June 13, 2002. • On June 18, the Council revised the bid opening for Contract 01-05 to 10:30 a.m., June 27, 2002. • At 10:30 a.m. on June 27, formal bids were received for this project. A copy of the bid summary is enclosed. • Alternate Bid No. 1 provided an opportunity to upsize the 8" water main replacement on Cedar Grove Parkway (Beau D'Rue Drive) included in the Base Bid to a 12" water main. City staff and their consultant have analyzed the water system in the project area and have determined that the water main work included in the Base Bid, along with some revised system operation practices, will be adequate. • Alternate Bid No. 2 would replace the cross-hatched pavement striping proposed in the center of the street on Cedar Grove Parkway in the Base Bid with "Street Print" pavement texturing. The impacted area includes the portion of Cedar Grove Parkway without a center median. The pavement texturing would provide an aesthetic upgrade to the standard pavement striping while creating the appearance of a median. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from S. M. Hentges & Sons, Inc. has been reviewed by the City Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page ~Q • "Street Print" Sample, page c. • Exhibit of Area for "Street Print", paged. /9 0 0 0 0 N O O O O _m O 0) M Ict ,Q w 04 It 0 0 m C CD w Q 6e? 611, 69 6f3 O to O Cn r O N O ti LO a) 0 It 13 m ti O COD ti ~%r ce) N t) It CD ti m r T r T c Q w ~ Q 6f? 69 69 69 a/ T Ln LO CD O o O o Q co CA ~t P- T T rn Q cD 4 N CV T r O O CO LCD m O ~ O 'Icle) t Qi y C) O _M F-: N Ca0 O ` LO Q m C N Cfl pl at N m N M m co N M X Q~ 6 (D 4) Z 00 > O f, 0 69 69 69 69 10 ii> C ai C'1 ? i E a~ - > (D m QO c a V c c V d. co c Ea vs V co LU E 3 U) 4- cn (D (V O LL co T yL, 'O E O O V 0 U) w An An L Cn T N 0 - ~ m c Q t~ ~ 0) ca co N o ci E E cc (D 0) m U- H d W Q Q N O N > d O v L1J D E ~ m co CO C X U ~ CD 7 ojf LU C 3 C H C :4 4) c U) :D w rn o E m CV a. d p H : = c~ N > c > vi "a V c - O O O c9 = o io m m V fn d LL > LL o W o Z ao t ,r ,gym-. ~ y r a 3 t V t SSG x. R~~xY r t f fi r « Q~': 3 Aft 'LO /r ~ y l1 j^ a . - ~ i r ss ~,5, y'~~r`t~~r{t~~\l~~ tt} ~~i f + ~fr ~ ~ r • * r - • { ~ 4ae: 1 w :.r ~t 3 A 4 rct ttf + Ly ~ r~ fit. Mll 7c:k 1 ~ . r k +tpT~_~/~. 7t Jt r. ti'r F'N:G {7 1''~i r' l i.•`•~7 ♦ -~~"ti~.+1 z ' r f ~ ~ c l,c~~'~f. r~ ETC F t t iiMMLLII ~ ,J f •t rtt + ~i £ 3~ ~S r, OT -a $ r I I ( STOP , 4-war a t 1 ~ Aftg r C- 7 wwj ON , / 0[1 ; t J GG 033dS I~ , cc o MKE "M r C-6 0 1 j~ tl I t I ! ;I y , I i ' b sm 4 LU i t W r rr++ J fig ~ I o a=c~a ; i 1_- - . 21r LAJ W N) i ' 3 { 1 O i ~ J ! L~~~111 Z3 OEM 4 co 1 ~ ~ Agenda Information Memo July 2, 2002 Eagan City Council Meeting J. DENMARK AVENUE (OLSON-BURGER ADDITION) RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public right-of-way and schedule a public hearing to be held on August 6, 2002. FACTS: • On June 18, 2002, City staff received a petition from Mr. Peter Coyle, representative of Mr. Carl Olson and Mr. Richard Burger, requesting the vacation of public right-of- way on a portion of Denmark Avenue adjacent to the proposed Olson-Burger Addition, north of Northwood Parkway and east of Interstate 35E in north-central Eagan. • The purpose of the request is to allow the incorporation of potentially excess right-of- way area into the Olson-Burger final subdivision plat. • City Council consideration of the Olson-Burger final subdivision is also tentatively scheduled for the regular Council meeting August 6, 2002. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS: • Location map, page • Legal Description/Graphics, page. 03 4 A F\n n Q W 5 2O D7 2 ~Y ti J=Y a ~ m W 9z Q U NE OAK ROA ( CO. RD. 26 ) LONE OAK ROAD ~.i Q z O z x w J Y PROPOSED z Q VACATION ~ o Op ~~Q NORTHWOOD z Pk C Y j K'Y Z Q J O a a z YANKEE DOODLE ROAD ° YANKEE DOODLE ROAD DR. 2~ w v a Cr 0 J S~2 Y ~ ~w4b o DUCKWOOD DR. T'l G Wac mMOLD SISLEY VACATION. Denmark Ave. & Northwood Pkwy. 6/18/02 Vacation Location Map City of Eagan I H 13i E - f v 2 Ot~L COO ll,lla , 1 1 N ~ c _ _ ~11 .ems O.. h=U ` ~ ' =z ~ - a as = - - L - 3 z c- v G > °N ~ Y ~ V .L-. V N i T r V y (,.rl = V~ t J S y ~ y~ ,W i c erg „z~ urJ ~ ° m- •'c 2 .n I `o v j 3 R E m ma g _ N zr- - - Ui Z. V V ^ rl1 E ~ r ~ _ - C c ou ^ v C u m ~I m y 1 7- J_ d: C- A C _C L= i • ~ S - L Agenda Information Memo July 2, 2002, Eagan City Council K, ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to prepare a Zoning Ordinance Amendment to Chapter 11 concerning the addition of on-sale liquor as a conditional use in the Business Park (BP) zoning district. FACTS: • We are in receipt of a letter from Evan Rice of Faegre & Benson, on behalf of their client, Spectrum Investment Group, requesting that the City consider amending the Business Park zoning district provisions to include on-sale liquor as a conditional use. • Spectrum is developing a 21.5 acre subdivision on Hwy. 55 between Blue Gentian and Blue Water Road. The site consists of three parcels, the largest (18.4 acres) of which is under construction with a 297,000 square foot office building. • On one of the two remaining lots in the subdivision Spectrum intends to develop a restaurant • The City Code allows Class 1 restaurants (sit-down, full-service) as a conditional use in the BP zoning district, however, on-sale liquor is not listed. • The BP zoning district was established in 1996, and it is unclear whether the City's intent was to exclude the on-sale liquor use from the district, or whether the omission was inadvertent. • In other zoning districts, the uses of Class 1 restaurant and on-sale liquor are separately identified in the ordinance. Where it appears in other districts, on-sale liquor is a conditional use. ATTACHMENTS: Letter from Feagre & Benson dated June 18, 2002, page C i I _5 EVE. FAEGRE & BENSON LLP 2200 WELLS FARGO CENTER, 90 SOUTH SEVPJr'TH STREET MINNEAPOLIS, MINNESOTA 54402.3901 TW.Emm;F 612.766.7000 rAcSIMILE 612.766.1600 www.facgre.com June 18, 2002 Mr. Michael Dougherty City Attorney City of Eagan %300 W 147th St. Apple Valley, N N 55124-7541 Re: Request for Text Amendment to Permit Liquor at Restaurants in BP Districts Dear Michael: Our client, Spectrum Investment Group ("Spectrum"), owns certain lands within the City of Eagan's ("City") BP zoning district. Spectrum plans to develop restaurant and hotel properties on these lands, and it has recently been conducting due diligence necessary for the planned development. In so doing, an ambiguity in the City's zoning ordinance ("Ordinance") has come to uur attention. Although the Ordinance makes restaurants a permitted use in the BP district, the Ordinance does not address whether such establishments may or may not serve alcoholic beverages. We believe that this ambiguity is a mere oversight, and, consequently, we hereby request that the City amend the text of the Ordinance to clearly permit restaurants to sell liquor in the BP district by conditional use permit. Such an amendment is important not only because potential restaurant operators in the upper-tier market insist on the ability to sell liquor, but also because such sales are consistent with the more formal dining establishments envisioned for the site. As a result, Spectrum asks that such a text amendment be put before City at the earliest convenience. I appreciate your time, help, and consideration in reviewing and resolving this issue. Please feel free to contact me at 612-766-8831 if I may be of any further assistance. cry tru you Evan Rice cc: Charles Henrich Richard Morphew Gary Gandrud tit i :d88395.01 Minnesota Colorado Iowa London Frankfurt Shanghai 11P. 2 Agenda Information Memo July 2, 2002, Eagan City Council Meeting L. DIRECT CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDMENT REGARDING EMPLOYMENT BACKGROUND CHECKS ACTION TO BE CONSIDERED: To direct the City Attorney's Office to prepare an ordinance amendment regarding employment background checks. FACTS: • The Eagan Police Department is periodically requested by Human Resources to run background investigation checks on applicants for appointment to certain City of Eagan positions. • These background checks involve accessing databases maintained by the Minnesota Department of Public Safety, including the Bureau of Criminal Apprehension (BCA) Computerized Criminal History file and Minnesota Drivers License records. • The BCA requires that cities wishing to conduct such background investigations have in place, a local ordinance authorizing such use. ATTACHMENTS: • None Agenda Information Memo July 2, 2002, Eagan City Council M. WAIVER OF SUBDIVISION (L8, B5, WILDERNESS RUN 5TH) - GLENN HARTZELL ACTION TO BE CONSIDERED: To continue the Waiver of Subdivision for a duplex lot split located at 1327 & 1329 Easter Lane, legally described as Lot 8, block 5, Wilderness Run 5'h Addition, in the NW 1/4 of Section 27, at the applicant's request. FACTS: • On May 17, 2002, the City received the request for Waiver of Subdivision to divide this duplex lot into two parcels for the purpose of establishing separate ownership of each dwelling unit. • The applicant has requested that processing of the Waiver be delayed to allow time to submit a corresponding variance application. The applicant's e-mail request is attached. ATTACHMENTS (1): E-mail from applicant, pageQ ~9 Marilyn Wucherpfennig From: Glenn Hartzell [ghartzell@mwt.net] Sent: Thursday, June 27, 2002 12:46 PM To: mwucherpfennig@cityofeagan.com Subject: Variance/Radius Report Marilyn: Per our conversastion earlier in the week, I do have every intention of moving forward on a variance request for 1327 & 1329 Easter Lane in Eagan. I contacted Jerry Christropherson of Walsh Tilte in early June requesting the 200 sq. ft radius or zoning report. However, Walsh Title has indicated that it will take a minimum of 30 days to get this information. I left a message for Jerry today, but he is not in the office today. I would like to delay the variance request until all of the necessary information is in place. Please contact me if you have additional questions or require additional information. Thank you. Sincerely, Glenn Hartzell (W) 500-441-5411 (H) 651-345-3392 1 30 Agenda Information Memo July 2, 2002 N. APPROVE CEDAR GROVE REDEVELOPMENT AREA DRAFT AUAR FOR DISTRIBUTION ACTION TO BE CONSIDERED: Approve the Draft AUAR for the Cedar Grove Redevelopment Area to be distributed per MN State Statute. FACTS: • The City Council directed the preparation of the Alternative Area-wide Review by resolution in September 2001. • Within the past two months, the Advisory Planning Commission and the City Council have taken testimony, reviewed, and commented on traffic related information gathered as part of this document. • Approval of the draft AUAR document will allow for the item to be placed in the Environmental Quality Board's July 8, 2002 issue. This will start the official 30- day comment period as required by law. The comment period will conclude on August 7, 2002. y • As required, a press release will be sent to the Legal Newspaper upon approval by the City Council. • The City's consultant will complete responses to comments and prepare the Final AUAR and Mitigation Plan for the September 3, 2002 City Council meeting. ATTACHMENTS: • Resolution directing AUAR pre aration on pa a and • AUAR distribution list on page through • Cedar Grove Redevelopment ALea AUAR Schedule on page • Draft press release on page • Executive Summary of the AUAR, enclosed without page number. 31 RESOLUTION NO. 01-58A CITY OF EAGAN ORDER AUAR--CEDAR GROVE REDEVELOPMENT AREA WHEREAS, there exists a 258-acre site along TH 13 between Cedar Avenue (TH77) and Seneca Road; and, WHEREAS, the Cedar Grove Redevelopment Area was divided into three sub-areas (Sub-Area 1 -North of TH 13, Sub-Area 2-South of TH13 and West of Rahn Road, and Sub-Area 3-South of TH 13 and East of Rahn Road) through a community planning process initiated in 1999 and through a refined development concept devised in 2001; and, WHEREAS, it is prudent to conduct an environmental review of the proposed development as provided for in the State of Minnesota Environmental Review Program rules; and WHEREAS, an Alternative Urban Areawide Review (AUAR) process allows for the environmental review of development and associated infrastructure in a particular geographic area within a jurisdiction if the local government has an adopted comprehensive plan; and, WHEREAS, the City of Eagan has designated the Cedar Grove Redevelopment Area as "Special Area" in its Comprehensive Plan; and, WHEREAS, the City of Eagan is the Responsible Government Unit ("RGU") pursuant to Minnesota Rules Part 4410.3610 Subp. 1; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eagan that an AUAR be completed for the Cedar Grove Redevelopment Area. CITY OF EAGAN CITY IL By: Its Mayor Attest: Y' 2vLl-, P116 C 'u,; ,eL Its Perk Motion made by: Bakken Seconded by: Tilley Those in favor: All Those against: None Dated: September 17, 2001 i CERTIFICATION I, Mira McGarvey, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of May, 2002. Mira McGarvey, Deputy lerk 33 EAW Distribution List June 27, 2002 Ms. Becky Balk (1) ENVIRONMENTAL CONSERVATION LIBRARY (2) MINNESOTA DEPARTMENT OF AGRICULTURE Minneapolis Public Library 90 West Plato Boulevard 300 Nicollet Mall St. Paul, MN 55107 Minneapolis, MN 55401 MINNESOTA DEPARTMENT OF HEALTH (1) Environmental Health Division Ms. Carol Blackburn (2) Policy, Planning and Analysis Unit LEGISLATIVE REFERENCE LIBRARY 121 East Seventh Place, Suite 230 645 State Office Building St. Paul, MN 55101 St. Paul, MN 55155 Ms. Marya White (1) Mr. Robert Whiting (1) MINNESOTA DEPARTMENT OF COMMERCE U.S. ARMY CORPS OF ENGINEERS Suite 500 Regulatory Functions Branch 85 Seventh Place East Army Corps of Engineers Center St. Paul, MN 55101-2198 190 Fifth Street East St. Paul, MN 55101-1638 Ms. Rebecca Wooden (3) Mr. William D. Franz (1) MINNESOTA DEPARTMENT OF NATURAL RESOURCES Chief of Environmental Review Environmental Review Unit U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION 5 500 Lafayette Road MAIL CODE W-15J St. Paul, MN 55155-4010 77 West Jackson Boulevard Chicago, IL 60604-3507 Mr. Gerald Larson (3) U.S. FISH AND WILDLIFE SERVICE (1) Mn/DOT Environmental Services MINNESOTA DEPARTMENT OF TRANSPORTATION Twin Cities Field Office E.S. 395 John Ireland Boulevard, MS 620 4101 East 80th Street St. Paul, MN 55155 Bloomington, MN 55425-1665 MINNESOTA HISTORICAL SOCIETY (1) Mr. Jim Haertel (1) State Historical Preservation Office MINNESOTA BOARD OF WATER & SOIL RESOURCES One West 345 Kellogg Boulevard West, Level A Water Suite 200 07 St. Paul, MN 55102 St. Paul, MN 55107 Ms. Beth Lockwood, Supervisor (3) Ms. Linda Milashius,'Referrals MINNESOTA POLLUTION CONTROL AGENCY METROPOLITAN COUNCIL Environmental Review Unit/Majors/Rem Division Mears Park Centre 520 Lafayette Road 230 East Fifth Street St. Paul, Minnesota 55155 St. Paul, MN 55101 :\Documents and Settings\DLord\Local Settings\Temporary Internet Files\OLK5\Draft AUAR Distribution Labels-062702.doc 3 EAW Distribution List June 27, 2002 Ms. Lynn Moratzka DAKOTA COUNTY OFFICE OF PLANNING Mr. Eric MacBeth GUN CLUB LAKE WATERSHED MANAGEMENT Western Service Center ORGANIZATION 14955 Galaxie Avenue Apple Valley, Minnesota 55124-8579 3501 Coachman Point Eagan, MN 55122 Mr. Barry Schade DAKOTA COUNTY ENVIRONMENTAL MGT DEPT DAKOTA COUNTY LIBRARY Western Service Center Westcott Branch 14955 Galaxie Avenue 1340 Wescott Road • Apple Valley, Minnesota 55124-8579 Eagan, MN 55122 Lezlie Vermillion ENVIRONMENTAL QUALITY BOARD (1) Transportation Planning Director DEPARTMENT OF TRANSPORTATION Environmental Review Program 300 Centennial Office Building MS 050 658 Cedar 1500 West County Road B2 St. Paul, Roseville, Minnesota 55113 St. , MN 55155 :\Documents and Settings\DLord\Local Settings\Temporary Internet Files\OLK5\Draft AUAR Distribution Labels-062702.doc 3S Cedar Grove Redevelopment Area AUAR Tentative Schedule June 27, 2002 Date Step July 2, 2002 City Council Approval of Draft AUAR . July 8, 2002 Publication in EQB Monitor August 7, 2002 Conclusion of comment period September 13, 2002 Completion of Response to Comments/Final AUAR and Mitigation Plan September 17, 2002 City Council Approval of Final AUAR and Mitigation Plan October 4, 2002 Conclusion of agency objection period October 15, 2002 City Council Final Adoption October 21, 2002 Deadline for publication in EQB Monitor October 28, 2002 Publication in EQB Monitor r 36 --Press Release— For Immediate Publication July 3, 2002 Eagan, MN The City of Eagan has released a Draft Alternative Urban Areawide Review (AUAR)/Draft Mitigation Plan document for public review and comment. The document describes redevelopment anticipated to occur in an area identified as the Cedar Grove Redevelopment Area, located adjacent to and east of Highway 77 and on both the north and south sides of Highway 13. The AUAR identifies potential environmental impacts and proposed mitigation related to the proposed AUAR development. Copies of the document are available for public review at the following locations: City of Eagan Planning Department (City Hall, 3830 Pilot Knob Road, Eagan, MN 55122-1897), the Legislative Reference Library (645 State Office Building, St. Paul, MN 55155), the Environmental Conservation Library (Minneapolis Public Library, 300 Nicollet Mall, Minneapolis, MN 55401), and the Wescott Branch - Dakota County Library (1340 Wescott Road, Eagan, MN 55122). Comments on the Draft AUAR will be accepted through Wednesday, August 7, 2002. All comments should be in writing and directed to Mr. Jamie Verbrugge, Assistant City Administrator, City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122-1897, jverbrugge@cityofeagan.com. Following the public comment period, the City will prepare responses to all substantive comments and, if necessary, revise the AUAR document to address issues raised during review of the Draft AUAR. The Final AUAR and Mitigation Plan will then be distributed to recipients of the Draft AUAR prior to adoption of the Final AUAR and Mitigation Plan by the Eagan City Council. 37 Agenda Information Memo July 2, 2002 0. PROJECT 751R, DODD ROAD, CLIFF ROAD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) with Dakota County for Parcel 10-03600-010-54 (Lebanon Hills Regional Park) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • On February 5, 2002, the City Council approved Project 751R, including the acquisition of all necessary easements. • The upgrade of Dodd Road required the acquisition of numerous permanent and temporary easements from the adjacent properties. The easement within Lebanon Hills Regional Park includes a storm sewer and sediment treatment pond. • Dakota County has consented to dedicate the necessary easement to the City of Eagan with out any acquisition costs. Dakota County Parks staff have worked with City staff on the design of the storm sewer and pond. • An agreement between the City of Eagan and Dakota County has been prepared providing for 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. 3 S' Agenda Information Memo July 2, 2002 P. CEDARVALE BOULEVARD NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on Cedarvale Boulevard between Silver Bell Road and Nicols Road and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has approved the proposed upgrade of a portion of Cedarvale Boulevard, between Silver Bell Road and Nicols Road, in conjunction with the Cedar Grove Access Reconfiguration (Project 800R) improvements. • It is desirable for the City to obtain the use of State Aid funding to reimburse the construction costs of the proposed street construction. • The proposed design of the upgrade of Cedarvale Boulevard meets the State Aid standards for a municipal street without on-street parking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. 39 Agenda Information Memo July 2, 2002, Eagan City Council Meeting Q. Contractual Agreement with the Metropolitan Airports Commission (M.A.C.) for Security Services ACTION TO BE CONSIDERED: To approve the contract between the Metropolitan Airports Commission (M.A.C.) and the City of Eagan to allow Eagan Police Officers to work at airport checkpoints. FACTS: A mandate was passed requiring all airport check points to be staffed by law enforcement personnel. Because the Airport Police Department cannot adequately staff all of the checkpoints at both the Humphery and Lindberg Terminals, the M.A.C. Police Department needs to contract or form agreements with other police departments. • Eagan Police Officers will be working at the airport on their scheduled days off and will be receiving overtime (1.5 times their normal rate of pay). • The City of Eagan will be supplemented by billing the Airport Police Department $46.50 for every hour an Eagan Officer is working at a check point to cover the officer's wage, benefits, and workers compensation. • The contract has been reviewed and approved by the League of Minnesota Cities and is under review by an attorney from City Attorney's Office. Eagan Officers will not be working at the airport until the attorney representing the city is satisfied. ATTACHMENTS • Proposed Contract currently under review by the City Attorney 411w Y Y • Informational article Virn by personnel from the League of Minnesota Cities P • 0 I USE OF LAW ENFORCEMENT PERSONNEL AGREEMENT This Use of Law Enforcement Personnel Agreement ("Agreement") is made by and between the Metropolitan Airports Commission ("MAC"), 6040 28`h Avenue South, Minneapolis, Minnesota 55450 and the City of Eagan, located at 3830 Pilot Knob Road Eagan, MN 55122. WHEREAS, MAC needs assistance in providing law enforcement officers (LEOs) at the passenger screening checkpoints; and WHEREAS, Agency has indicated that it can provide LEOs to assist MAC. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE I SERVICES Agency agrees to provide uniformed LEOs to MAC for airport security duties. The duties are primarily located at or around the passenger security screening checkpoints within the terminal buildings. The scheduling of the LEOs and the number of LEOs assigned to MAC for airport security duties shall be determined by mutual agreement of the parties. ARTICLE II FEES AND CHARGES MAC shall pay the Agency for the services rendered as agreed upon in Attachment A. MAC shall not be responsible for any additional costs beyond the hourly amount indicated in Attachment A. If a change in fees on Attachment A is required, then Agency shall provide at least thirty (30) days written notice to MAC. ARTICLE III CANCELLATION This Agreement may be cancelled by either party without cause upon ten (10) days written notice prior to the effective date. Cancellation may be in whole or in part. The right to cancel is in addition to all other rights and remedies available to MAC under this Agreement or otherwise by law. ARTICLE IV LIABILITY 1) For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Agency are deemed to be employees (as defined in Minn. MAC LEO Agreement June 24, 2002 Stat. 466.01, subdivision 6) of MAC with respect to airport security services pursuant to this Agreement. 2) Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to either MAC or the Agency under Federal or State law. 3) MAC agrees to defend and indemnify the Agency against any and all claims brought or actions filed against the Agency or the Agency's officers, employees, or volunteers, including but not limited to those for injury to any third person or persons, death of any third person or persons, damage to the property of any third person or persons, or violations of the civil rights of any third person or persons, arising from the performance and provisions of airport security services pursuant to this Agreement. 4) MAC agrees to maintain in effect during the duration of this Agreement and at its expense general liability insurance providing limits of at least $25,000,000 bodily injury, personal injury and property damage combined each occurrence/offense. The insurance policy will include the Agency as an additional insured with respect to the services provided in this Agreement. MAC will provide the Agency with a certificate of insurance naming the Agency as an additional insured and providing at least a ten (10) day notice of cancellation or any significant material change in coverage. ARTICLE V WORKERS' COMPENSATION Each party shall be responsible for injuries or death of its own personnel. The Agency will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are performing airport security activities pursuant to this agreement. Each party or its officers, employees, or volunteers waives the right to sue the other party or its officers, employees, or volunteers, for any workers' compensation benefits paid to its own employees or volunteers or their dependent, even if the injuries are caused wholly or partially by the negligence of the other party of its officers, employees, or volunteers. ARTICLE VI DAMAGE TO EQUIPMENT Each party shall be responsible for damage to or loss of its own equipment. Each party and their representatives waives all rights to sue the other party for any damages to or loss of its equipment, even if the damage or loss were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. ARTICLE VII EMERGENCIES MAC recognizes that the Agency may have to recall its' personnel for emergency purposes. Agency will attempt to notify MAC at the earliest possible time that the Agency's LEOs are unavailable for services under this Agreement. ARTICLE VIII 2 i MAC LEO Agreement June 24, 2002 LEOs EMPLOYMENT STATUS LEDs provided by the Agency remain employees of the Agency. It is agreed that nothing contained in this Agreement is intended or shall be construed in any manner as creating or establishing an employment relationship between the MAC and the Agency's employees. For this Agreement, the Agency's LEDs are expected to follow the policies and procedures of the Agency. The Agency agrees to be responsible for taking any appropriate action for performance related matter against its employees. MAC reserves the right to deny an Agency's LEO from providing services under this Agreement. ARTICLE IX SUPERVISION MAC agrees to provide limited supervision to the LEOs. MAC will designate one LEO as the supervisor per shift. The supervisor's duties will involve coordination of the daily schedule and periodic monitoring of the LEO's activities. The supervisor will notify appropriate MAC staff regarding any performance issues. MAC will pass along the information to Agency for the Agency's follow-up. ARTICLE X NOTICE All notices required by law or this Agreement must be in writing and delivered in person or sent by mail to the following parties (or to any other address or person that one party provides to the other party in writing as the official notification): MAC: Jo Edblom Lieutenant, Airport Police Department 4300 Glumack Drive, Suite 370 St. Paul, MN 55111 Telephone: (612) 726-5115 AGENCY: X)DLXXXXXXXXX ARTICLE XI AUDIT Agency shall keep at their principal office, in a system acceptable to MAC, accurate books, accounts, records and documents relevant to the work conducted under this Agreement, and shall keep such information for a period of six calendar years. MAC and the legislative auditor shall have the right at all reasonable times during the business hours of Agency to inspect the books, accounts, records, documents and accounting procedures and practices relative to the work conducted under this Agreement. 3 X13 . MAC LEO Agreement June 24, 2002 ARTICLE XII MINNESOTA GOVERNMENT DATA PRACTICES ACT This Agreement and all data created by this Agreement are subject to the Minnesota Government Data Practices Act, regardless of who possesses the information. ARTICLE XIII ENTIRE AGREEMENT The parties agree that this document and Attachment A are the Entire Agreement between the parties. No promises, representations or oral agreements have been made between the parties that are not part of this Agreement; and no claim or liability shall arise from any representations or promises not expressly stated in this Agreement except as expressly stated in this Agreement. ARTICLE XN MODIFICATION This Agreement may be modified only by a written agreement signed by both parties. The parties agree, intend to be bound and execute this Agreement on the day and year as indicated. Date: METROPOLITAN AIRPORTS COMMISSION By: Title: Date: AGENCY By: Title: 4 I Airport security update For cities involved in airport security activities or that operate an airport with scheduled passenger service, there are some recent developments to be aware of. If you have questions, contact either Ann Gergen or Pete Tritz at the League office. Federal reimbursement and liability The Federal Transportation Security Administration (TSA) has still not resolved whether they will provide full reimbursement to airport authorities for the cost of providing airport security services during the interim period until the TSA is able to hire its own staff to meet these responsibilities. (For those cities providing security services at the Minneapolis - St. Paul airport, this only affects the reimbursement the MAC would receive from TSA; it doesn't affect the reimbursement the city would receive from the MAC.) Nor has the TSA resolved how they will address the liability risk associated with those services. In their dealings with the TSA, cities and airport authorities should continue to insist that the TSA provide full reimbursement for these costs, and that the TSA address liability for airport security activities so that this risk doesn't fall on local governments and local taxpayers. (Thanks to Marcia Marcoux, Rochester Councilmember who serves on the NLC Transportation Infrastructure and Services Committee, for this reminder.) We understand that in some cases the TSA has, in response to an airport authority's request, asked the Justice Department to "deputize" the local law enforcement officers performing the security functions. In effect, that would make them federal officers for purposes of liability claims arising from airport security activities, in turn making liability claims the federal government's responsibility. However, the TSA seems to be looking at each situation individually rather than handling all airports the same way. At this point we'd suggest that in the contract negotiations with the TSA, cities and other airport authorities should specifically request that the local officers be deputized or that the TSA address liability in some other way. While there's no assurance that they'll agree to such a request, it seems clear that the TSA won't address liability in any way unless requested to do so. Our understanding is that MAC has already asked about deputizing the local law enforcement officers providing services at Minneapolis - St. Paul airport, but has so far been turned down by the TSA. Cities assisting MAC with airport security MAC has now developed a standard contract for cities providing police officers for airport security at the Minneapolis - St. Paul airport. LMCIT staff has reviewed the contract, and we believe it addresses the liability and related issues reasonably and appropriately. Briefly, the contract provides that MAC will defend and indemnify the city and the officer for liability claims arising from the security services, and the MAC will name the city as an additional insured on MAC's liability insurance and will provide a certificate of insurance to the city. The city will be responsible for work comp claims for injury to the city officers, which for LMCIT members would be covered by the city's LMCIT work comp coverage. The city will also be responsible for any damage to city- owned equipment. We'd suggest that cities that are providing officers to the MAC for security services should follow up on getting the contract signed and obtaining an insurance certificate as soon as possible. Cities involved with regional airports If your city either operates or provides security service for a regional airport with scheduled flight service, make sure that you let LMCIT know as soon as possible whether or not to endorse the city's LMCIT liability coverage. Remember - without that endorsement, the city would not have coverage for liability claims arising from airport security activities. 14 Agenda Information Memo July 2, 2002 R. PROJECT 01-N, MANLEY ADDITION ACTION TO BE CONSIDERED: To authorize the time extension of the development agreement for Project 01-N (Manley Addition - Street & Utility Improvements) to October 15, 2002. FACTS: • Manley Addition is being constructed west of Dodd Road, south of Cliff Road. Streets included within the development are McFadden Trail and Isabelle Court. This development required the installation of sanitary sewer, water main, and storm sewer, as well as the aforementioned street improvements, which is all being performed privately by the developer under the terms and conditions of the development contract agreement. • A representative of the developer, Kevin Manley, Manley Brothers Construction, Inc., is requesting a time extension for the completion of the final bituminous wear course on the streets. The request would allow the paving of the wear course to occur after the construction of the street and utility improvements on Dodd Road and the associated tracking of construction debris onto the streets. It would also allow the construction of more houses within the development. • The time extension request has been reviewed by representatives of the Public Works Department and found to be in order for favorable Council action. ATTACHMENTS: • Letter from Developer, page. V7 651 681 4360 0- 9'2002 08:28 EAGAN MAINT FAC 4 CITY HALL DNSTR N0.806 1?01 8 AM H0.016 P. 1 f 110TIiEIS CONSTIVCTION, INC t June 19, 002 Dear Sta I would l,ike to put off the fiasl coat of blacktop on 'T'homas Woods, (Manley Addition) until this fall. Because of Dodd Road and still many houses Ift to build, the top coat would look the best if we left it until Dodd Road is dove and more of the houses are complete. If you have any questions, please feel free to caU my office. Thank y u, Kevin D Manley lj 4179 Ethan rive Eagan. MN 55123 • Business 651-454-4933 • Mobile 612-275-6722 Agenda Information Memo July 02, 2002 Eagan City Council VI. OLD BUSINESS A. ORDINANCE AMENDMENT (SIGN CODE) CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Amendment to Chapter 4.20 (Placement, erection, maintenance of signs) of the City Code addressing the definition of governmental signs. FACTS: • At the June 18, 2002 City Council Meeting, the Council directed staff to review and draft an ordinance amendment regarding the definition of "governmental signage". • The current Sign Code definition of a governmental sign reads, "Governmental signs means any sign placed, erected or maintained by a governmental entity or agency for identification of or directions to a public facility or street or for traffic control". • The Public Works Department has identified several needs that do not fit this definition. Sprinkling restrictions, accident reduction programs, and soliciting comments from and informing the public about traffic studies and improvements that may be underway are a few of these public health and safety needs. • The Police Department also supports the installation of other signs such as Neighborhood Watch, etc. that meet public health and safety needs. • These needs necessitate an amendment to Chapter 4 to revise the definition of a "governmental sign". ATTACHMENTS: Draft City Code Amendment, pagesS-10-44etrgn' ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY AMENDING SECTION 4.20 REGARDING SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4.20(C)(9) to read as follows: 9. Governmental sign means any sign placed, erected or maintained by a governmental entity or agency- for identification of or directions to a public facility; or street or for traffic control or general public services. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, 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 By: Patricia E. Awada Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: so Agenda Information Memo July 2, 2002, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE CONSTRUCTION ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park, from a one-story building to a two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE i/4 Section of 16, subject to the conditions in the attached Planning staff report. FACTS: • On June 25, 2002, the APC held a public hearing on the request and unanimously recommended denial due to inadequate parking, the proposed use being inconsistent with the approved Planned Development, and the inappropriate location of the trash enclosure. • The subject site was platted as Lot 3, Block 2, Knob Hill Professional Park in 1984. • The property is zoned PD (Planned Development) and was to be developed in compliance with LB (Limited Business) uses and standards. The Knob Hill Planned Development Agreement specified the use for this lot as a one-story, 5,000 square foot building. • Based upon discussion that took place at the APC meeting, the applicant has reduced the size of the building from 12,512 gross square feet to 11,577 square feet and increased the number of parking stalls from 59 to 60. • The proposed net leasable area is 9,072 square feet, which requires 60 parking stalls. • Access for the project will be gained via two driveways on Knob Drive. • The site plan indicates that all minimum parking and bulk standards have been met. • The proposed four parking stalls in the northwest portion of the site appear to have an odd design, however, the unique shape of the parcel significantly constrains the buildable area. • The trash enclosure is now proposed to be accessed via the parking lot versus a separate access off of Knob Drive. • Proposed exterior materials include stucco, rock face block, and asphalt shingles in earth tones. ISSUES: • During the public hearing, several residents expressed concern regarding the proposed size of the building, parking deficiency, traffic, proposed location of the trash enclosure, and lighting. ATTACHMENTS (2): Draft June 25,'2002, APC Min tes, page to 440V Planning Staff report, pagi to ~f City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 4 B. PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE CONSTRUCTION A Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park from a one-story building to a two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE '/4 of Section 16. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated June 21, 2002. She noted the background and history. Applicant John O'Halloran explained that the original plan for a funeral home did not fit the area demographically; therefore an office building was selected. Chair Huusko opened the public hearing. There were six Eagan residents who expressed concern for the size of the building, location of the trash enclosure, safety of children in the area, increased traffic and location of the parking lot entrance. They also expressed concern about the parking lot lighting, onsite snow storage, obstructed views, lack of sidewalk, landscape plan and inadequate parking. Many of the residents stated that they are not opposed to an office building on the property, but the proposed building is too large. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Eric Reiners, Architecture Unlimited, explained that only one parking space encroaches into the required setback from Pilot Knob Road and this is due to the jog in the right-of-way. He stated the foot-candles are .3 rather than 3 with directional fixtures that will shape the light to the interior of the site. He stated there will be some escape of light from the site, but it will be minimal. He addressed the concerns for the trash enclosure and stated that a drive lane could be added to the west side of the building. He stated the trash enclosure would be screened with arborvitae trees. He stated the signage plan could be amended. He explained there is no additional room for parking within the required setbacks. Member Nosbush asked if additional parking could be added to the west side of the building, along Knob Drive. Mr. Reiners stated parking issue could not be resolved without encroaching into required setbacks. Mr. O'Halloran described an area at the tip of the lot that could be utilized for snow storage. V City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 5 Member Steininger asked how the snow could be stored in the area, on top of the proposed landscaping. Chair Huusko expressed concern with the deficiency in proposed parking due to the size of the proposed building. Member Steininger stated the inadequate parking would be a problem. Chair Huusko asked if the lighting could be softened to relieve the residents concerns. Planner Kirchoff stated that illumination would be limited to one footcandle at the property line. Chair Huusko explained that if the size of the building were reduced, it would fit on the lot nicely with an adequate amount of parking. He stated opposition to the location and orientation of the trash enclosure. Assistant Engineer John Gorder stated no traffic concerns were found with the addition of the proposed building. Member Stackhouse stated that the development should be comparable to the approved plan, to be fair to the neighboring residents. Member Nosbush moved, Member Steininger seconded a motion to approve the Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park from a one-story building to a two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE 1/4 of Section 16 subject to the following conditions: 1. The applicant and/or developer shall enter into a Planned Development Amendment Agreement with the City prior to building permit issuance. The following exhibits shall be submitted to the City for inclusion into the document: a. Final Site Plan b. Final Landscape Plan C. Final Elevation Plan d. Final Lighting Plan e. Final Signage Plan 2. This Planned Development permits a two story, 12,512 square foot office building on Lot 3, Block 2, Knob Hill Professional Park. 3. The landscape plan shall be revised as follows: a. Decorative plantings shall be installed along the south elevation of the building. b. Additional shrubs and/or berming shall be installed/constructed along Pilot Knob Road and Knob Drive to adequately screen the parking lot. S3 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 6 4. The lighting plan shall be revised to limit illumination at all property lines to one- foot candle. 5. All wall and pole mounted light fixtures shall be shielded to reduce glare. 6. The development shall be subject to cash park and trail dedication to be paid at the time of building permit issuance. 7. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 8. All freestanding and wall signage shall comply with the City Code. A vote was taken. Aye: None Nay: Chair Huusko, Bendt, Nosbush, Steininger, Segal and Stackhouse. Member Kaess abstained from this motion. Motion failed. Member Nosbush moved, Member Stackhouse seconded a motion to deny the Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park from a one-story building to a two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE '/4 of Section 16 for the reasons of inadequate parking, increase in building size from the original planned development and inappropriate positioning of the trash enclosure. A vote was taken. Aye: Chair Huusko, Bendt, Nosbush, Steininger, Segal and Stackhouse Nay: None Member Kaess abstained from this motion. Motion carried. V~ I PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2002 CASE: 21-PA-04-05-02 APPLICANT: Cornerstone Construction HEARING DATE: June 25, 2002 PROPERTY OWNER: O'Halloran Murphy APPLICATION DATE: May 29, 2002 Funeral Home REQUEST: Planned Development Amendment PREPARED BY: Cynthia R. Kirchoff (Pilot Knob Business Center) LOCATION: 4150 Knob Drive (Lot 3, Block 2, Knob Hill Professional Park) COMPREHENSIVE PLAN: O/S, Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST Cornerstone Construction is requesting Planned Development Amendment approval to amend the permitted use from a one story, 5,000 square foot office building to a two story, 12,512 square foot office building on property located at 4150 Knob Drive (Lot 3, Block 2, Knob Hill Professional Park) west of Pilot Knob Road and north of Diffley Road in the SE of Section 21. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNWHISTORY The subject site was platted as Lot 3, Block 2, Knob Hill Professional Park in 1984. The property is zoned PD (Planned Development) and was to be developed in compliance with LB (Limited Business) uses and standards. The Knob Hill Planned Development Agreement specified the use for this site as a one-story, 5,000 square foot building. 6~~ Planning Report - Pilot Knob Business Center June 21, 2002 Page 2 EXISTING CONDITIONS The lot is vacant and void of significant vegetation. Topography ranges from a high of 946 feet on the south to 922 feet on the north. SURROUNDING USES The following table presents existing uses, zoning, and comprehensive guide plan designations surrounding the proposed Pilot Knob Business Center: Existing Land Use Zoning Land Use Designation North Single Family Dwellings R-1, Residential Single Family LD, Low Density Residential South Dental Office PD, Planned Development O/S, Office/Service East PDQ/Commercial Uses NB, Neighborhood Business RC, Retail Commercial West Single Family Dwellings R-1, Residential Single Family LD, Low Density Residential EVALUATION OF REQUEST Proposal - The applicant is seeking approval to construct a two story, 12,512 square foot professional medical office building on property zoned PD (Planned Development). Access for the office building will be gained via Knob Drive. Compatibility with Surrounding Uses and Area - The property is designated as O/S (Office/Service) on the Comprehensive Guide Plan Land Use map. An office building appears to be compatible with adjacent uses (and the intent of the LB zoning district). Additionally, the proposal will maximize the investment and tax value of the subject property. Zoning Bulk Standards - Since the lot was originally to be developed with LB (Limited Business) uses, the site plan was reviewed under the LB minimum and maximum bulk standards. Setbacks: Minimum Zoning Ordinance standards are compared with the proposal in the following table. All setbacks comply with the City Code with the exception of the parking setback from Pilot Knob Road. Knob Drive Pilot Knob Road Side Yard Building Ordinance 30 feet 50 feet 10 feet Proposed 39 feet 50 feet 10 feet Parking Ordinance 20 feet 20 feet 5 feet Proposed 20 feet 12 feet 11 feet v~ Planning Report - Pilot Knob Business Center June 21, 2002 Page 3 Building Coverage: Building coverage for the proposed office building is 10 percent. The City Code permits 30 percent of the lot to be covered with a building in the LB district. Green Area: The Zoning Ordinance requires a minimum of 30 percent of the site to be green area or pervious surface. The site plan indicates that 51.8 percent will be sodded or landscaped. Building Height: The building is proposed to be 25 feet in height, measured to the midpoint of the roof. Structures in the LB zoning district are limited to 30 feet of height. Parking - The Zoning Ordinance requires one space for each 150 square feet of net leasable floor area. The net leasable area of the building is 9,921 square feet, thus 66 parking stalls are required. The site plan indicates that 59 10 foot by 19 foot parking stalls would be provided. Thus, the proposal is deficient seven parking stalls. The deficiency could be approved as part of the Planned Development. Building Architecture/Materials - Proposed exterior materials include stucco, rock face block, and asphalt shingles in earth tones. Elevations indicate the proposed building exhibits a pitched roof with two chimneys, which are compatible with the adjacent residential. All proposed elevations exhibit equal treatment of materials and windows. The roof and two chimneys provide screening for the rooftop mechanical equipment. The proposed entrance is on the north elevation. Landscaping/Screening - The Zoning Ordinance requires parking areas to be screened from public rights-of-way. Such screens shall be a minimum of three feet in height and 75 percent in opacity and may be a combination of berms and/or plantings. The landscape plan indicates that coniferous, deciduous, and shrubs are utilized to screen the parking lot along with berming along both Pilot Knob Road and Knob Drive. However, additional shrubs should be installed to comply with the three foot screen requirement, particularly near overstory deciduous plantings with less than a three foot berm. The proposed deciduous trees will enhance the site, but will not adequately screen the parking, as required by the City Code. Trash/Recycling Enclosure - A trash enclosure is attached to the west elevation of the building. The enclosure is to be constructed of brick similar to the main structure with a steel gate. The location appears to be appropriate for truck access as it separates the trash removal from visitor parking. S~ Planning Report - Pilot Knob Business Center June 21, 2002• Page 4 Si na e - The applicant proposes to install a freestanding ground sign along Pilot Knob Road. The monument sign is proposed to be 7 feet in height with 5.3 feet of the overall height being dedicated to the sign display area. The Sign Ordinance permits freestanding business signage up to seven feet in height with four feet being sign display area. The proposed monument sign is set back 10 feet from the property line, as required by the Sign Ordinance. Wall signage is permitted on up to two elevations of the proposed building and can be a maximum of 20 percent of the gross area of a wall. The plans do not propose wall signage. The site plan also indicates that parking entrance signs are proposed along Knob Drive. The Sign Ordinance permits directional signs up to 16 square feet in area. Lighting - The site plan indicates four light fixtures are to be mounted on 24 foot poles in the parking lot. The Zoning Ordinance requires parking area lighting to be shaded so as to reflect light away from adjacent property. Proposed luminaries are cut-off, shielded ("shoebox") fixtures. The lighting plan indicates illumination will exceed 3 foot candles at the property line abutting Pilot Knob Road and one foot candle along Knob Drive. Staff usually considers one footcandle at the property line acceptable, thus the plans should be modified to comply with this standard. The applicant should work with staff to devise an appropriate lighting plan. Two wall mounted light fixtures are proposed on the north elevation of the building. Lighting specifications indicate that the fixtures are partially shaded. However, the wall pack fixtures should be shaded to the extent possible as to reduce the amount of glare produced and visible from adjacent residential. Streets/Access/Circulation - Public street access is proposed from Knob Drive via three driveway entrances, two for general office use and one for trash service only. Water Quality/Wetlands - The 1.4-acre parcel is located in the "B" Watershed that drains to Blackhawk Lake, one of the City's six Class I-Direct Contact water bodies, according to the Water Quality Management Plan. Since the project is adding 0.7 acres of impervious cover to the City, this development is subject to the City's water quality requirements. Due to the size and nature of the proposed project, however, water quality ponding is not feasible. Therefore, to meet the City's requirements, a cash dedication in lieu of ponding is appropriate for this development. There are no wetland issues associated with this parcel. Utilities - Existing sanitary sewer and water main are available for connection along the west edge of the site. Grading - The site has been graded with previous development and generally slopes to the northwest. Storm Drainage - An existing storm sewer system within Knob Drive along the west edge of the site is available for connection by the development to accommodate storm water runoff. g I Planning Report - Pilot Knob Business Center June 21, 2002 Page 5 Tree Preservation - There are no tree preservation issues with this proposed development. Park/Trail Dedication - According to the Knob Hill Professional Park Development Contract, park dedication for this development shall be fulfilled through a cash dedication for each lot, based on the commercial rate in effect at the time of application for building permits. SUMMARY/CONCLUSION Cornerstone Construction is requesting a Planned Development Amendment to allow a two- story, 12,512 square foot office building on Lot 3, Block 2, Knob Hill Professional Park. The Knob Hill Planned Development specified a one-story, 5,000 square feet office building on the site. The proposed office building appears to be compatible with adjacent uses. Furthermore, the site plan seems appropriate for the shape and topography of the parcel. However, some portions of the site plan do not comply with minimum provisions of the City Code. That is, the proposal is deficient six parking stalls and a small portion of the parking lot does not comply with the minimum setback from Pilot Knob Road. The appropriateness of the 12,512 square foot office building on the subject site is considered a policy decision to be determined by the Advisory Planning Commission and City Council. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to amend the permitted use from a one story, 5,000 square foot office building to allow a two-story, 12,512 square foot office building on property located at 4150 Knob Drive (Lot 3, Block 2, Knob Hill Professional Park) west of Pilot Knob Road and north of Diffley Road in the SE '/a of Section 21. If approved, the following conditions should apply. 1. The applicant and/or developer shall enter into a Planned Development Amendment Agreement with the City prior to building permit issuance. The following exhibits shall be submitted to the City for inclusion into the document: a. Final Site Plan b. Final Landscape Plan C. Final Elevation Plan d. Final Lighting Plan e. Final Signage Plan 2. This Planned Development permits a two story, 12,512 square foot office building on Lot 3, Block 2, Knob Hill Professional Park. V / Planning Report - Pilot Knob Business Center June 21, 2002 Page 6 3. The landscape plan shall be revised as follows: a. Decorative plantings shall be installed along the south elevation of the building. b. Additional shrubs and/or berming shall be installed/constructed along Pilot Knob Road and Knob Drive to adequately screen the parking lot. 4. The lighting plan shall be revised to limit illumination at all property lines to one-foot candle. 5. All wall and pole mounted light fixtures shall be shielded to reduce glare. 6. The development shall be subject to cash park and trail dedication to be paid at the time of building permit issuance. 7. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 8. All freestanding and wall signage shall comply with the City Code. vD i Eagan Boundary Street Cont elAreaerllne Location Map ~P Building Footprint 44 Sub"ect Site ' - ~ ~ ) he ? a z~ 3 S a g 1 1l+,y~ v3 ~ O u O ~ 1 ~ _ ~ f~~ 3 rr~ a _ -a rt ( ~ 7 t n 1i - ~ s7 _ s it ~ -i ~ - f ~ , P r c 3 c ,F c. r-3 Q Q rzi W. s~~~~++ " 1000 0 1000 2000 Feet Development/Developer. Cornerstone Construction Application: Planned Developmen endment Case No.: 21-PA-04-05-02 Map Prepared usi YN.v 3.1. Parcel bass map daft provided N by Dakota County Land Survey Depannwnt and is current as of March 2002. W E 40City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY V ; N .N t :i " A The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 cornrr nwy navroPnrart Doportrrent not responsible for errors or omissions. j Current Zoning and Comprehensive Guide Plan Cornerstone Construction Land Use Map Case No. 21-PA-0405-02 i i i { I j Zoning Map I R-3 Current Zoning: I i I I• PD u PF Planned Development D p I R-3 I WEE9 -2 1 I 1]00 R..1 ph' r=5~2 i Comprehensive Guide Plan I Land Use Map II GP e L 1;; MD I° Current Land Use Designation: of °P O/S Office/Service MD I ~1D I QP i IS LD E po~] M H Pa 61 yr /e..aaNan • yOaYa1aC "LM4Sw<y 0"anta myAI 2002. ` 1nror.n.trw ~waintalaN vary Stan *City of Eagan w E Z THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guaranis* the accuracy of this information. Z=„< z ' 1 C oU ! !a! ! ! 1 ? y w ~~1 Z 31 I f~Rl1 N y ^ ^ ! S'- yf - y yQ i 1 I aq 1 I ! ' ti Z' t~t - Q tlv i91i17I p _ t = i a S 50 c z 9~ ~a Ij J I I O Z-<? ~Zp ,I,~++i'_)!~)l11l1~ C~~ •!!jj n n 2 a-n v J G` 1 is 7o~i .vi,.~ : - ~-,vo 9A98AlJA9ae3t! ~ ~ W I ! ti $ J i ! I ~ e Oo i ~ 1 J ~ B s s ~ ! 1 l I ico - a- A r l I I ~ b h.i i' I e e I pl ~i ' i l ~ ~ I I I I i ~ i it • / ~ ~ ~I i e: ~ I II i i I QI. ' 3 I H 3i 3 ~ z ~ ~j'°~ ~p II ~ Z! 32, 01 O REVISED SITE PLAN 6,3 13 ~3 11 y t 9161'7' t5 3 ]IS- i sy ~ ~ ~ g 1 ~ ~ / Ill/ ~ y i ` z ~ ~ 'I ji_ ire. i iRl v 1 LANDSCAPE PLAN c o e y _ - - ~ ~ n Y 7 c V V ,t !It d. dl I- s' .,.gnu l~ V I !I i \ zl i I LIGHTING PLAN N :r 0 ` N 11 Z { N 0. Iz a, `999 ` s S = r s O_ ~ViI W •(lYr~6~r1' W UJI 0tj U~ W Q a - ' I i r i f I ,j, I j U WIli I ~ f ~ II I',II I I I ~i•Ijj i I~,~ I i ~ IIII ~ E!I III Ilj 1 ! , I iI i1; I, j Il~,lj < !i: III W III W y .Q ~il p i ~ ! jl, •I 1'i~ i REVISED ELEVATIONS vg_ ` 169 IN t i~ 0 is ; i►V1Q i~ Z N r i~nr~E r1Fg3 < was YWjFW- ~ ~Q - j83 Z[Q~aa O~W i l _ Q nc s (iii W ak W W _ 31 fl a I ~ ~ ~ A AI fl II II II _ i ' I~ i I!I .I I I Ili I I ~ ;lip j I I I I ~ ~ W W ' W • l N • ,i I lI ~ N I 01 /0 2 Proposal Summary PILOT KNOB BUSINESS CENTER Subject Property: Lot 3, Block 2 of Knob Hill Professional Park, Planned Development Legal Description: Located in the SE 1/4 of the SE 1/4 of Section 21. Township 27 North, Range 23 West, Plat of Knob Hill Professional Park. City of Eagan, Dakota County, Minnesota. Surrounding Properties: Properties within 660 feet of the subject property include Limited Business (LB), Residential (R-l and R-4) Project Owner: John O'Halloran '_245 N. Hamline Avenue St. Paul, MN 55113 Project Developer: Cornerstone Construction 6975 Saukview Drive St. Cloud. MN 56303 Project Architect: Architecture Unlimited, Inc. 2675 university Avenue Suite 200 St. Paul, MN 55114 Project Description: Schedule Project development schedule calls for a Summer 2002 start for construction with Spring 2003 occupancy for the building's first tenants. Building Two story, 12,512 g.s.f. professional offices (dental/medical emphasis). The structure was carefully designed to function efficiently for small office occupants providing any of a variety of professional services. Careful attention was given to the detail and scale of the facility to allow it to function properly, and fit within a neiE,hborhood of mixed uses. A subtle blend of commercial and residential masses and materials will be utilized including aluminum windows, stucco exterior. and a sturdy masonry base together with a sloped shingle roof. <l NARRATIVE Site The existing site totals 62,6-43 s.f. ( 1.-t 33 acres) and is currently void of anv structures or ve;etation. The site also has no existing ponds or wetlands. The site consists of smooth sloping grade from the south end of the property down to the north end with the change in elevation totaling twenty- five feet. The proposed building and parking together with other paved surfaces will cover approximately fifty percent of the site. The remainine areas will be landscaped and planted with a variety of trees and shrubs. A combination of berms and plant material will be used to create the required screening of parking areas. Parking lot lights will consist of forward throw luminaires on twenty-four foot standards to shape the light toward the interior of the lot and hold the total illumination at the perimeter of the site to less than .3 footcandles. Amendment Summary: The original Planned Development called for a single story, 3.000 s.f. structure for this site. It was to be the smallest structure in the Planned Development that included other Limited Business structures up to 97,000 s.f. Subsequent amendments to the Planned Development have resulted in a more mixed use for the immediately: Burr, undies parcels. This project, as planned, will be 12.512 g.s.f.. with approximately 9,921 n.s.f. of professional office area and provide sixty on-site parking spaces. Although City standards require one parking space for every 150 s.f. of net rentable area, this plan provides one space for every 165 s.f. This is due to the unique shape of the parcel in combination with the setback requirements. The height limitation set forth by the City for Limited Business structures is thirty feet. The proposed structure height for this plan is thirty-three feet, 4 inches. However, the impact of this height is visually diminished by use of the sloped roof and the adjacent grade change -immediately south of the site. Amendment Impact: Surrounding Properties and Land Uses The proposed amendment to the Planned Development should have limited impact on surrounding properties and uses. Traffic volume on Knob Drive will increase. However. due to the nature of offices proposed and frequency of services provided within the proposed facility. changes in traffic volume should be limited to regular business hours and should be easily accommodated by outlets to Pilot Knob and Diffley Road. Subject Property The impact of the proposed amendment to the subject property is once again limited. The most significant change is in the number of parking spaces required on the site. The original plan called for a 5,000 s.f. facility, and the footprint of the building in the amended plan is 6.256 s.f. ';'ith the additional parking requirement comes additional landscaping and screening. More trees and landscaping material will be required on the propert, to adequate1% screen the parkin` areas. City Services Once again, the amendment to the Planned Development should have negligible imoact on City services and infrastructure. Stormwater management should improve with the introduction of a catch basin connected to the city storm sewer together with more grass area on the site. The existing barren site sheds stormwater unabated in all directions. but primarily to the north. The finished site will direct stormwater on the paved surfaces to a catch basin and retain much of the precipitation that falls over the landscaped areas. Summation: As proposed, the project development will be a vast improvement over the site's existing state, and it maximizes the use of the property over and above the original proposal with an optimal buildinz to total site area ratio. ~D %l i Agenda Information Memo July 2, 2002, Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - (L1, Bl, HONEY TREE FIRST ADDITION) ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to allow five one story office buildings on Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive in the SW 1/4 of Section 30, subject to the conditions listed in the APC minutes. FACTS: • The site is 2.96 acres in area, and received Preliminary Planned Development approval for a hotel with swimming pool and conference center in 1997, which has not been constructed. The adjacent Sleep Inn hotel to the south was part of the same Planned Development and was built in 1997. • The proposed office use constitutes a change from the existing designated hotel use. Also, multiple buildings on a single parcel requires Planned Development zoning. • The office use appears consistent with the RC, retail commercial land use designation for this property and surrounding development. • The plan also utilizes the previously executed reciprocal access and parking arrangement with the Sleep Inn to the south. • The exterior materials are proposed to be brick and stucco with asphalt shingles. • Green area is proposed at 26%, which is less than the required 30%. However, the total pervious area, including rock mulched plant beds, is 34%, which exceeds the minimum standard. • Parking stalls are proposed at 9.5 feet wide, which deviates from the City Code standard of 10 feet, however, 9.5-foot wide stalls were approved as part of the initial Honey Tree PD. • The APC held a public hearing on June 25, 2002, and recommended approval of the Planned Development Amendment, subject to conditions in the APC minutes. ISSUES: • The trash enclosure is detached from the principal building, which is a deviation from City Code standards, and staff is concerned that its location is inconvenient to Buildings A, C, D and E. • The preliminary'landscape plan is unacceptable and a revised plan will be required at the time of application for Final Planned Development. ATTACHMENTS: el 0% June 25, 2002, APC Minutes, pages through Staff report, pages Q91hrough City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 7 C. PLANNED DEVELOPMENT AMENDMENT - SABONGI CONSULTING GROUP A Planned Development Amendment to amend the use of Lot 1, Block 1, Honey Tree First Addition from a hotel to five one-story office buildings, located on Erin Drive in the SW %4 of Section 30. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 20, 2002. She noted the background and history. Applicant Fred Sabongi stated that the proposal would enhance his business and the neighborhood. He displayed a photograph and site layout of the proposed development. He discussed possible professional tenants such as law firms and insurance brokers. Member Steininger asked if the units would be sold or leased. Mr. Sabongi explained that the units would be leased. At some point in the future, however, they may be sold individually, but would still be under an association. City Attorney Bob Bauer explained that in order to sell the units individually under an association, the development would have to be similar to that of a townhome or condominium and it would still be considered a subdivision. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Steininger stated his approval of the proposal. Chair Huusko also stated his approval for the proposal. Mr. Sabongi explained that a portion of the trail system that crosses his property will be cleaned up and maintained. Member Stackhouse asked about the tenant requirements regarding cleaning of the units and disposal of trash. Mr. Sabongi explained that the cleaning of the units would be a standard part of the lease, handled by the management company. Each building has interior trash storage, which the cleaning crew will remove daily to the container in the outside trash enclosure. Member Segal stated concern with the over development of the site and limited amount of green space. 9c~_ I City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 8 Member Steininger moved, Member Bendt seconded a motion to approve the Planned Development Amendment to amend the use of Lot 1, Block 1, Honey Tree First Addition from a hotel to five one-story office buildings, located on Erin Drive in the SW '/4 of Section 30 subject to the following conditions: 1. This Amendment to the Preliminary Planned Development changes the use on Lot 1, Block 1, Honey Tree 1St Addition to an office use with five single-story buildings having a total of 21,400 square feet of office space. 2. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City. The following exhibits are required for the Preliminary PD Agreement: • Preliminary Site/Signage Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan 3. A Final Planned Development Agreement shall be executed prior to Final Planned Development approval. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Signage Plans • Final Landscape Plan • Final Lighting Plan 4. Minimum required setbacks are 30 feet from Erin Drive 20 feet. Parking setbacks of 20 feet are required from Erin Drive. 5. The applicant should provide evidence of the private reciprocal parking agreements for review by the City attorney prior to Final Planned Development approval. 6. The buildings shall be constructed of design and materials consistent with the Building Elevation plans dated May 15, 2002. Final building materials and colors should be included with the application for Final Planned Development. 7. The landscape plan should be revised to add additional plant materials and greater variety in species, based on the suggestions in the staff report. 8. Detailed signage plans should be submitted with the application for Final Planned Development. All signage e-should be subject to City Sign Code requirements. 93 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 9 9. Site lighting must be directed downward with no tilt, and shielded so that the source of light is not visible from off the property. 10. A trash enclosure shall be constructed on-site according to City Code standards. The trash enclosure shall be located or a second enclosure added to the site plan to provide convenient and accessible trash storage for occupants of all buildings. Member Stackhouse questioned the need for condition number 10, stating that a second enclosure was not necessary. Member Kaess suggested that condition number 10 be removed from the list of conditions. Mr. Sabongi explained that only one trash enclosure could be placed on the property and only in the proposed location. Member Kaess moved to amend the motion made by Member Steininger in order to remove condition number 10. Mr. Ridley stated that staff recommends the inclusion of condition number 10 as the proposed trash enclosure does not appear to be located in a central location for all buildings. Member Kaess expressed concern that the City is micromanaging the property owner. Chair Huusko stated that the City is not micromanaging; rather, maintaining previously established development standards. Member Stackhouse expressed opposition to approval of the Planned Development Amendmeet because of condition number 10. The motion made by Member Kaess was not seconded, therefore, the motion died. A vote was taken to approve the motion made by Member Steininger to approve the proposed Planned Development Amendment. Aye: Chair Huusko, Bendt, Nosbush, Steininger, Kaess and Segal. Nay: Stackhouse. Motion carried 6-1. i PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2002 CASE: 30-PA-05-05-02 APPLICANT: Sabongi Consulting Group, Inc. HEARING DATE: June 25, 2002 PROPERTY OWNER: Jerzy Szoka (Oxford APPLICATION DATE: May 28, 2002 Development, LLC) REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 4490 Erin Drive COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Sabongi Consulting Group, Inc. is requesting approval of a Planned Development Amendment to allow five one story office buildings on Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive in the SW I/4 of Section 30. The proposed office use constitutes a change from the previously approved Planned Development which identified this lot for a four-story hotel, swimming pool and conference center. The proposed amendment includes multiple buildings on a single lot, and a change in use from hotel to office. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. 9Y Planning Report - Sabongi Consulting Group, Inc. June 25, 2002 Page 2 BACKGROUND/HISTORY Honey Tree 1" Addition was platted in 1997. At the same time the City approved a development plan for two hotels (Sleep Inn and Comfort Suites), including a Final Planned Development for the Sleep Inn which has been constructed on Lot 2. Development of the subject site is governed by a Preliminary Planned Development Agreement the specifies the use of Lot 1 as a four-story 108- room hotel with a swimming pool and conference center. Oxford Development, LLC, purchased Lot 1 at a mortgage foreclosure sale auction in April 2002. EXISTING CONDITIONS The vacant site is relatively flat and without significant vegetation. Along the east property line is a bituminous path. The adjacent lot to the east is owned by the city and contains a storm drainage pond. Because of a cross-parking arrangement, a portion of the Sleep Inn parking was constructed onto the subject site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Guide Plan North Vacant Cedar Villas) PD Planned Development MD, Retail Commercial South Hotel (Sleep Inn) PD Planned Development RC, Retail Commercial East Pond/ CSC, Community Shopping RC, Retail Commercial Residential Center/ PD, Planned Development West Cedar Ave. (Hwy, 77 EVALUATION OF REQUEST Description of Proposal - Sabongi Consulting Group, Inc. is proposing five single-story office buildings totaling 21,400 sq. ft. on the 2.96-acre site. The applicant's narrative indicates it is their vision to "develop the property into an attractive Business Center that will provide elegant, well-designed office space for doctors, dentists, lawyers, insurance agents, finance companies, accountants and other professionals." Compatibility with Surrounding Area - The proposed office use appears consistent with the Retail Commercial land use designation for this property. The two adjacent developments are an existing Sleep Inn hotel, and planned townhome development (Cedar Villas). Staff initially had some concern that with the four-story Sleep Inn to the south and multiple story townhomes to the north, these small one-story offices may seem out of place. However. these smaller buildings also provide visual relief and variation from the multiple-story design of I Planning Report - Sabongi Consulting Group, Inc. June 25. 2002 Page 3 adjacent development. The appropriateness of this proposed amendment and its compatibility with surrounding development is a policy matter to be determined by City officials. The previous developer allowed the property to go into foreclosure. Additionally, hotel development in Eagan has slowed in recent years, with several outstanding hotel zoning approvals, but little new hotel construction. These factors suggest that it is unlikely that the existing development plan will be implemented, and that some change in use on this property will be necessary. The question for the APC and Council to consider is whether the proposed office use is appropriate and desirable. While the proposed use may be more well-suited to a land use designation of O/S, Office/Service, professional offices are a permitted use in more than one of the zoning districts considered consistent with the RC, Retail Commercial, land use designation. Densi - The five buildings cover approximately 17% of the 2.96-acre site. This satisfies the typical commercial zoning standards, which establish the maximum allowable building coverage from 20% to 30%. Setbacks - A 30-foot minimum building setback from Erin Drive is required, and commercial zoning districts typically require side and rear yard building setbacks of 10 to 20 feet. The proposed distance between buildings is 20 feet. Parking setbacks of 20 feet are required from Erin Drive. The site plan satisfies these setback standards. Grading - The site has been graded with previous development and generally slopes to the east. Storm Drainage - An existing storm sewer system along the north edge of Lot 2, Block 1 Honey Tree Addition is available for connection by the development to accommodate storm water runoff. This storm sewer system drains to Pond AP-9 (as designated in the City Storm Water Management Plan - 1990) east of the site. Water Quality/Wetlands - Water quality dedication requirements were fulfilled through a cash dedication at the time of platting Honey Tree 1" Addition in 1997. There are no jurisdictional wetlands on the site. Utilities - Existing sanitary sewer and water main pipes of sufficient size, depth and capacity are available for connection along the east and south edges of the site. Streets/ Access/ Circulation - Public street access is proposed to the west and north onto Erin Drive via mo driveway entrances. The proposed office building land use is estimated to generate less vehicle traffic than the originally planned hotel/ conference center use. Building Elevations and Architecture - The proposed development consists of single-story office buildings, utilizing a combination of red brick, and stucco exterior, with asphalt shingles on a hip roof. According to the applicant's narrative, "the building facades will complement and blend well Nvith the stucco fagade of the adjacent hotel, the Sleep Inn, and the nearby Cliff Place office Planning Report - Sabongi Consulting Group, Inc. June 25, 2002 Page 4 building." All of the buildings have the same architectural design and utilize the same materials. The developer should address whether the buildings will utilize the same exterior color scheme. Buildings A and B are 50 feet by 120 feet (5,801 sq. ft.), and buildings C, D and E are 50 feet by 60 feet (5,801 sq. ft.). The buildings have a main entrance feature with pillars supporting a gable canopy over the doorway. Landscaping - The landscape plan appears sparse and is unacceptable. The landscape plan shows ornamental trees along Erin Drive, with dogwood shrubs around the buildings. A few spruce trees are also included. The City Codes requires that "the landscape plan and landscaping thereunder shall provide for plant material equal to three percent of the value of the building(s)." It does not appear that this 3% standard is satisfied. The landscape plan should be revised to add additional plant materials and greater variety in species. The final landscape plan should include overstory trees and shrub beds along Erin Drive. Overstory trees along Erin Drive should be of the similar appearance to those used on the Sleep Inn site to achieve a consistent boulevard look. The developer should consider grouping the ornamental trees into landscape features with shrub beds, rather than using an even and symmetrical spacing pattern. Shrub beds are particularly recommended on the west side of the site to screen parking. Also, the variety of foundation plantings should be increased, filling in the spaces between dogwoods with juniper, spirea or some other similar shrub. Perennial or annual beds could also be added around the buildings, and landscape features created around the base of the entrance signs. Landscaping between the buildings and the path on the east side can also be enhanced, possibly with some river birch or arbor vitae. Si age - A free-standing sigrr is proposed at each driveway entrance to the site. Detailed signage plans should be submitted with the application for Final Planned Development. All signage should be subject to City Sign Code requirements. Site Lighting - A site lighting plan was submitted showing single- and double-fixture pole mounted lighting. Additional site lighting will be provided by wall packs on the buildings. The photometric plan indicates that the lighting should not spill off the site. The developer should note that fixtures must be directed downward with no tilt, and shielded so that the source of light is not visible from off the property. Green Space - The City Code requires a minimum green area in commercial districts of 30%. This development proposes 26% green area, although the total pervious area (including rock mulched plant beds) is 34%. The Preliminary Planned Development for the hotel/pool/conference center on this site was approved prior to adoption of the green space ordinance, which was adopted in November 2000. While the amount of green space provided in this amendment is less than the 30% required by Code, the total pervious area exceeds the 30% minimum and this proposal provides more green area than would have resulted from the previously approved hotel/pool/conference center development. Trash Storage - City Codes require that any outdoor storage of trash containers be within a screening enclosure constructed of materials to match the principal building. A detached trash I Planning Report - Sabongi Consulting Group, Inc. June 25, 2002 Page 5 enclosure is proposed south of building B. While the enclosure design appears to satisfy Code requirements, City Code requires that it be attached to the principal building in commercial zoning districts. However, the Sleep Inn's trash enclosure also is detached, so allowing a detached trash enclosure for this development would not be a departure from the existing development. Staff has raised a concern that the enclosure location is inconvenient for buildings A, C, D and E. The developer indicated that the location is near the Sleep Inn's trash enclosure, making trash pick-up more convenient. However, the enclosure is intended to serve the five buildings on the subject site, and that if the location is inconvenient, then occupants of the other buildings will not use the enclosure, thus creating a situation where trash is stored outside and not within the enclosure or trying to retrofit a more convenient enclosure after the site is developed. For these reasons, the developer should revisit this issue and either relocate the trash enclosure, or add an additional trash enclosure such that its location is more convenient and accessible to occupants of buildings A, C, D and E. Parkin - The initial Honey Tree development established reciprocal parking easements between Lots 1 and 2 and this proposal utilizes that shared access and parking arrangement. The applicant should provide evidence of these private agreements for review by the City attorney prior to Final Planned Development approval. Required parking for office uses is one stall for each 150 square feet of net building area. Based on the net building area of 17,834 square feet, a total of 119 parking stalls would be required. The plan shows 112 stalls, available for use by this development, and shared parking with the Sleep Inn hotel of another 45 stalls. The plan utilizes stalls that are 9.5 feet wide by 19 feet deep. While this size does not satisfy the current Code standard of 10 feet wide, this size parking stall was approved with the Preliminary Planned Development and is consistent with the parking provided on the Sleep Inn site. SUMMARY/CONCLUSION Sabongi Consulting Group, Inc. is requesting approval of a Planned Development Amendment to allow five one story office buildings on Lot 1, Block 1, Honey Tree First Addition. The proposed office use constitutes a change from the previously approved Planned Development, which identified this lot for a four-story hotel, swimming pool and conference center. The proposed amendment includes multiple buildings on a single lot, and a change in use from hotel to office. With the exception of the landscaping, the proposal appears to satisfy most typical City Code development standards. Some items such as the parking stall size, green space and detached trash enclosure are minor deviations from typical standards. The acceptability of the proposed use on this site, the project design (multiple small buildings, parking layout, access, etc.), and the deviations from typical Code standards (such as parking stall size, green space, trash enclosure), are policy issues to be determined by City officials. Planning Report - Sabongi Consulting Group, Inc. June 25, 2002 Page 6 ACTION TO BE CONSIDERED To recommend approval of Planned Development Amendment to allow five one-story office buildings on Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive in the SW t/4 of Section 30. If approved, the following conditions should apply: 1. This Amendment to the Preliminary Planned Development changes the use on Lot 1, Block 1, Honey Tree V Addition to an office use with five single-story buildings having a total of 21,400 square feet of office space. 2. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City. The following exhibits are required for the Preliminary PD Agreement: • Preliminary Site/Signage Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan 3. A Final Planned Development Agreement shall be executed prior to Final Planned Development approval. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Signage Plans • Final Landscape Plan • Final Lighting Plan 4. Minimum required setbacks are 30 feet from Erin Drive 20 feet. Parking setbacks of 20 feet are required from Erin Drive. 5. The applicant should provide evidence of the private reciprocal parking agreements for review by the City attorney prior to Final Planned Development approval. 6. The buildings shall be constructed of design and materials consistent with the Building Elevation plans dated May 15, 2002. Final building materials and colors should be included with the application for Final Planned Development. 7. The landscape plan should be revised to add additional plant materials and greater variety in species, based on the suggestions in the staff report. 8. Detailed signage plans should be submitted with the application for Final Planned Development. All signage should be subject to City Sign Code requirements. 9. Site lighting must be directed downward,,vith no tilt, and shielded so that the source of light is not visible from off the property. i Planning Report - Sabongi Consulting Group, Inc. June 25, 2002 Page 7 10. A trash enclosure shall be constructed on-site according to City Code standards. The trash enclosure shall be located or a second enclosure added to the site plan to provide convenient and accessible trash storage for occupants of all buildings. Eagan Boundary Location Map Etna Centerline parcel Area Building Footprint 9 91 I.L o~ ~I a a. C x r . AOL, l I j Sub'ect Site m . d I;I a vs.. w3 / v 8-~`lS y~. ~ of I L • 's~ t O r v .07 ty 4 El 19ee® ®e0® s~n> coax 41-1 13H-HP 1rLt _ 1000 0 1000 2000 Feet Development/Developer: Sabongi Consulting Group Application: Planned Develop ment Case No.: 30-PA-05-05-0 4r Map Prepared J* R51 ArcYrw rcH base map tlata provided ~F by Dakota County Lan ent and i. current a. o! Marsh 2002, -Cilty of Eagan THIS MAP IS INTENDED FOR REFER2Y.C: U^E C''LY E S C 7 A :-l : 'id Dakota County do not guarartes t% t z.c.aa-Y 3' this 1-tornatlon and :.-c Community Development Department _ i - not responsible for error; a oc... Current Zoning and Comprehensive Guide Plan Sabongi Consulting Group Land Use Map Case No. 30-PA-05-05-02 Zoning Map ~sC P r 0 S r Current Zoning: o Z D PD i= PD Planned Development D qPD PD SC R~ .oo O .oo 7aeo F-t ] n F-M f Comprehensive Guide Plan Land Use Map RC P s s o D o_ u_ Current Land Use Designation: MD MD i RC RC HD R u Retail Commercial HD RC OIS OIS HD C RC RC OIS aoo o ..o 1100 F»t RC F7r ►arui bas. m form. Ion proHd.~ ota l.ounry Land 3-,.y V.p.rt-l April Zoos N bn ngintaln.d l;Sky Stan ~ City of Eagan THIS MAP IS USE ONLY Derelcpment Department f ~ Yh a Gey of Eagan and Dakota County do not ,y; 3rrnr ::ra accuracy of this Information. 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Rs C LLJ iW } c\ ~9 i 1 1 I ~Cl 1 1 ` 1. 1 1 1 ~ I\ LL ci ci v i - ~ - o i I~ I m m X ~ I o e L~ e ~ I r ~m I r I22 3 I Jul ;lk g i i , 1! r' iD~ ~ I --i 8 9 9$ ell M 111 r I lilt T~ aa OXFORD DEVELOPMENT LLC u ru ji ~~u BUSUESS CENTER • EAGAN, MM LANDSCAPE PLAN ; I ` SNOUVA313 NN 'Ni19V3 - 2i31N3o S53USt18 ~~~i 0ll 1N3wdOl3A3o adOdXO , rli E O O O O O u 0 0 0 m 0 I I I I r I I ~ µ -i• i ' II it I Ir ;I I1 ii I ~ II II II _ II fl II II Ir 11 2 r' II ~ II I 11 II 17 r ~ j I III II I II ` II ICI , i ~ I I I ; ~ II it I I 3 ~ ; LL, ! ! FT am Ed I All 11 I II II • I II , ~ II II . II i 1 II d II II 11 II r; II II o - o c, o I - 3 I1 II ~ 11 + ~ a ; ' I I; 11 I 11 11 ~1 11 11 11 11 1 11 11 I I I I 1 I I 11 ~ ~I I ~ i i II 1 - 11 11 II - it II 11 ~i 11 tl 11 II II - II II II k 1 ;I ~ li 11 11 11 I; O I 11 11 II it 1 11 1 11 _ ;1 II II 1 11 _ II L- 1 1"i - ~ ~ 1 1 11 II II II 11 - II I I o, o O O m 0 0 0 0 0 0 0 0 0 OXFORD DEVELOPMENT LLC BISMESS CENTER - EAGAR MN ~ ~(n r ~Ir* ;Ir ELEVATIONS , Planned Development Amendment for Proposed Oxford Development Business Center Written Narrative presented to the Planning Commission, City of Eagan Property: Lot 1, Block 1, Honey Tree First Addition May 15, 2002 Property Background Oxford Development LLC acquired Lot 1, Block 1, Honey Tree First Addition, Dakota County, Minnesota on April 26, 2002 at a Mortgage Foreclose Sale auction. Oxford Development LLC has paid all of the delinquent property taxes. Since 1999 the amount of unpaid tax was $26,364.87. Oxford Development LLC has also paid the 2002 taxes and has placed the property back on the tax roll. Oxford Development LLC has cleaned a large amount of accumulated debris and garbage bags from the site which had been placed there by the management of the Sleep Inn Hotel. Total cost of the clean-up was $5,000. In summary, Oxford Development LLC has, in just three weeks, achieved significant improvements in the site. Proposal The vision of Oxford Development LLC is to develop the property into an attractive Business Center that will provide elegant, well-designed office space for doctors, dentists, lawyers, insurance agents, finance companies, accountants and other professionals. The proposed project includes five one-story buildings sited overlooking a natural setting of landscaped grounds and duck pond. Two of the buildings (A and B) will be approximately 6,000 sq.ft. each. Their exterior dimensions will be about 50'x 120'. The other buildings (C, D and E) will be approximately 3,000 sq.ft. each. Their exterior dimensions will be about 50'x 60'. The buildings will be clad in red brick and stucco. The building facades will complement and blend well with the stucco facade of adjacent hotel, the Sleep Inn, and the nearby Cliff Place office building. Construction will begin as soon as all required approvals from the city and the building permit are received. Construction of the buildings will follow this plan: 1. Construction of Buildings A and E immediately 2. Construction of Buildings B, C and D (in that order) immediately after Buildings A and E are finished 3. Completion of all buildings by the end of 2002 sabongi Consulting Group. Inc. Page 1 of 3 Surrounding Land Uses and Zoning The property is zoned for Planned Development. It is surrounded by a variety of properties in different zoning categories. According to the City of Eagan zoning map of June 29, 2000, the properties surrounding the proposed development include: 1. Planned development on the east side of Nicols Road (strip mall, office buildings, restaurant) 2. Community shopping center on the south side of the property at the corner of Cliff and Nicols Roads (gas station, fast food, office buildings, restaurants) 3. Highway 77 (Cedar Avenue) on the west side of the property 4. Community shopping center on the north side of the property (currently vacant land) Parking Issue In 1997, the owners of Honey Tree I" Addition submitted a plan to develop Lots 1 and 2 of Block I in two phases. Phase One was to include the development of Lot 2. Phase Two was to include the development of Lot 1. The first phase, the construction of the Sleep Inn on Lot 2, was completed, but Lot 1 was left undeveloped. According to the records, when the Sleep Inn was built on Lot 2 there were not enough parking stalls to meet the requirement of the City of Eagan. As a result, the developer requested a reciprocal parking easement on Lot 1 to provide enough parking stalls to satisfy the city's requirement for the operation of the hotel. The reciprocal parking easement is written in such a way that the hotel can use the parking area which is located on Lot 1. That area is now owned by Oxford Development LLC. The reciprocal parking easement also provides that any development which Oxford Development LLC constructs on Lot 1 can use already existing hotel parking, if it is necessary to satisfy the city's parking space requirement. Once the now vacant property on Lot 1 is developed by Oxford Development LLC, then the owners of both Lots 1 and 2 will share the reciprocal parking easement which is owned by Oxford Development LLC. Effect on Surrounding Property The Planned Development Amendment will not have a negative impact on the surrounding properties or on the land itself. The development will have a positive impact on the city and on the neighborhood by enhancing and beautifying the property. It will provide a variety of office options for professional firms looking for attractive, conveniently located office space with a variety of amenities. Sabongi Ccnsuhing Group. Inc. Page 2 of 3 The previous owner's plan for Lot 1 was a building complex, to include a four-story Comfort Suites hotel, one-story pool area and one-story conference center. That plan was the second phase of the planned development. It was to follow the construction of the Sleep Inn. The second phase never happened since the previous owner filed for bankruptcy protection in 2001. The proposed development by Oxford Development LLC suits the city's planned development which the city originally approved when the previous owner's plan for Lot 1 was proposed in 1998. The Oxford plan, however, is not as large as the previous owner's proposed development. The proposed development will have a smaller impact on city services than the previous owner's 1998 development would have had. In addition, the Oxford proposal includes less impervious surface (blacktop) than that proposed in the 1998 plan of the previous owner. Sabongi Consuhing Group. Inc. Paue 3 of 3 Agenda Information Memo July 2, 2002, Eagan City Council Meeting C. PRELIMINARY SUBDIVISION - ANCHOR II (ANCHOR BAND ACTION TO BE CONSIDERED: To continue action indefinitely on the item per the applicant's request. FACT: • The applicant is requesting that action on the Preliminary Subdivision be continued indefinitely to allow time to evaluate alternative designs. ATTACHMENT: Letter from Anchor Bank, page 3 ANCHOR BANKO WEST ST. PAUL 66 Thompson Avenue East • West St. Paul, Minnesota 55118-3111 • (651) 457.1111 June 28, 2002 City of Eagan Planning Department Attn: Cindy Anchor Bank, West St. Paul N.A. is requesting indefinite continuance regarding action on preliminary sub-division Anchor II. We are considering reconfiguring the lot and would like to bring at a later council meeting date. Sincerely, ~ C1 Jef A. a kins President I Agenda Information Memo July 2, 2002, Eagan City Council D. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the Zoning Ordinance Amendment to Chapter 11 concerning garage sales. FACTS: • In April, the Council directed staff to research garage sale ordinances, in response to citizen comments concerning the frequency of sales and types of items offered for sale in residential neighborhoods. • The information was presented to the Council at the May 14, 2002 Special City Council meeting. The Council then directed staff to prepare a draft ordinance amendment for public hearing. • The Advisory Planning Commission held a public hearing regarding the attached draft amendment on June 25, 2002. The APC recommended approval of the ordinance amendment. ISSUES: • The APC inquired about the definition of a garage sale. Garage sale is defined in Chapter 11 as follows: Garage sale means any display of goods and/or salesmen's samples and sale of said goods on a property customarily used as a residence. At least one (1) person conducting the sale shall be a resident of the property. ATTACHMENTS: June 2, 2002, APC Minutes, pages t wmgll Staff memo dated June 20, 2002, page Draft Ordinance, attached without page numbers qs City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 23 1. ORDINANCE AMENDMENT - CITY OF EAGAN An Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning) Sec. 11. 10, Subd. 29.6 concerning limiting the number and length of garage sales, and to not allow the sale of items purchased for resale or items received on consignment for resale. Senior Planner Ridley introduced this item and discussed the item's history. He discussed Staff's research on the matter in neighboring cities. He explained that garage sale and campaign signs may be placed on the corner of private property with the permission of the owner. Member Kaess asked if a business license should be required if a homeowner is holding a garage sale every weekend or on a regular basis. Mr. Bauer stated an ordinance restricting garage sales would be appropriate. 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 Segal moved, Member Bendt seconded a motion to approve the Ordinance Amendment to Chapter 11 Entitled "Land Use Regulations (Zoning) Sec. 11.10, Subd. 29.6 concerning limiting the number and length of garage sales, and to not allow the sale of items purchased for resale or items received on consignment for resale. A vote was taken. Aye: Chair Huusko, Bendt, Nosbush, Segal and Stackhouse. Nay Steininger and Kaess. Motion carried 5-2. IV. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors to be heard at this time. VI. ADJOURNMENT Member Stackhouse moved Member Steininger seconded a motion to adjourn the Advisory Planning Commission meeting at 10:00 PM. All voted in favor 919 MEMO city of eagan TO: Mike Ridley, Senior Planner FROM: Mary Granley, Code Enforcement DATE: June 20, 2002 SUBJECT: Draft Ordinance Amendment Regulations for Frequency of Garage Sales Meeting of the Advisory Planning Commission, June 25, 2002 In response to citizen comments and Council direction at a Listening Session in April, Planning staff reviewed garage sale related regulations from several metro area communities and presented the information to the Council at the May 14, 2002 Special City Council Meeting. The Council reviewed and commented on the information, and directed that staff provide the Advisory Planning Commission with a draft ordinance amendment for their comments. Attached is the draft ordinance amendment reflecting the changes directed by the Council. 9~ Agenda Information Memo July 2, 2002 Eagan City Council Meeting E. CONTRACT 02-17, CENTRAL PARKWAY & CEDAR GROVE AREA STREETSCAPING IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 02-17 (Central Parkway & Cedar Grove Area Streetscaping & Lighting Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 1 2002. FACTS: • Contract 02-17 provides for the streetscaping improvements (landscaping, entrance monumentation, and street lighting) along Central Parkway from Yankee Doodle Road to Pilot Knob Road, as outlined and discussed in the feasibility report for Project 813. • Contract 02-17 also provides for the streetscaping improvements (landscaping, entrance monumentation, and street lighting) in the Cedar Grove redevelopment area along Cedar Grove Parkway (formerly Beau D' Rue Drive) from Silver Bell Road to Nicols Road and the Silver Bell Road/Cedar Grove Parkway/Cedarvale Boulevard intersection, as outlined and discussed in the design report for Project 866. • On April 2, 2002, the City Council held a Public Hearing for Project 80OR - Cedar Grove Access Modifications. At that meeting, the City Council also received the design report for Project 866 - Cedar Grove Streetscaping & Lighting Improvements. After hearing presentations and comments from affected property owners within the area adjacent to the proposed improvements, the Council approved both projects and authorized the preparation of detailed plans and specifications. • On May 7, 2002, the City Council held a Public Hearing for Project 813 - Central Parkway Streetscaping & Lighting Improvements. After hearing presentations and comments from affected property owners within the area adjacent to the proposed improvements, the Council approved the project and authorized the preparation of detailed plans and specifications. • The streetscaping and lighting plans and specifications for Projects 813 and 866 have been completed with oversight from the Council's Streetscaping subcommittee and are being presented to the City Council for their approval and authorization of the advertisement for bids. ISSUES: • There are three design options for the light fixtures on the entrance monuments that have been prepared at the direction of the subcommittee and are being presented to the Council for final determination and approval. ATTACHMENTS: • Design graphics of light fixtures pages and AM 0 s~ Y uu < < c o W d U ~ m 0 b o (S) {~-~`O e~o A ~ i - O W Do ~ °d < 3 J W OL w ow[ o n e J~~ N o pe 4 o~ f7 ~c a w o r~, o C < LL. U ~ < Z LL' Q ~ W < 0 W pC H C!7 w U' ~ u z N g c0 ~ < C7 LLI N zz 0 N z 0 u C~ - e 99 as a w N W u } in a w -i w W o o o a N J W J `~J d LQQ~ a J W g4~11~~ dd)rbW~3 W~ Y W~`QJ '.14 ;iXL F~ ~Z Q Cnai Q C..m ~m T U W J ~tS U o Q 9 9 v !Qy W Q~ 4 0 V U V v c O C7 Z H 7 Z V CE OF ~ ~ G MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road a Eagan, MN 55122 LICE 651-681-4700 651-681-4738 FAX DATE: June 13, 2002 TO: CHIEF KENT THERKELSEN FROM: DET. DOUG MATTESON SUBJECT: COMERS LIQUOR UNLIMITED On June 6, 2002, Comers Liquor Limited d/b/a Comers Liquor Unlimited made application to the City of Eagan to receive a new liquor license for Comers Liquor, located in the Oakview Plaza, 3090 Courthouse Lane, Eagan. This address is a strip mall located in northeast Eagan at the intersection of Holiday Lane and Hwy 55. Currently, there is a Cousin's Sub and a Dunn Brothers Coffee in the mall. I spoke with Gregory Hayes, who is the property manager for Aztec Properties, which owns the building. He told me that a 5-year lease has been agreed upon and finalized between Aztec Properties and Shannon Marie Comer. He added that the lease is contingent upon the City issuing a liquor license and the financing being approved. According to the application, the applicant is securing a $95,000 loan with her residence. I did speak with the applicant and learned that she has applied for a home equity loan and since the application was made, the bank has approved the financing. The applicant, Shannon Marie Comer, dob 3/31/61. She lives at 9232 Avalon Path, Inver Grove Heights 55077. Her phone number is 651-456-9750. Comer has no criminal background and no alcohol-related offenses on her driving record. During a telephone interview with Comer, I learned that she is married and is currently working at Qualex on Lone Oak Circle. She told me she intends to keep her job at Qualex and spend time at the liquor store during evening hours and weekends. She told me that she will be the manager of the store and will be hiring one full-time employee in the beginning, who will be a family member. She added that this is a small store of approximately 2500 square feet. Comer said she has never been in the retail business and has never owned a store. Chief, the application as submitted is complete and the area is zoned for and would allow this type of business. The applicant has no criminal background, meets the criteria for possessing a liquor license, both at the state level and municipal level, and I see no reason to deny the applicant the requested license and/or permits. MINNESOTA DEPART?.iE'~7 OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 444 CEDAR ST/100L ST. PAUL, MN 35101 PHONE 612-2y6.6430 or 612-".96-6434 OFF-SALE INTOXICATING LIOLLOR LICENSE APPLICATION OR THE RENEWAL OF AN OFF-SALE INTOXICATING LIOUOR LICENSE APPLICATION TYPE ~ NEW OR TRANSFER - COMPLETE SECTIONS 1, 2, AND 4 CHECK ONE ❑ RENEWAL - COMPLETE SECTION 1, 3 AND 4 All Licessees n ast kaye a320 Retailers Boyers Card renewable each 1car. New Liceasees call 612.2%4430 or 612.296-8434 for applieat: and information. 82-0547152 LICENSEE'S SALES AND USE TAX ID NUMBER To apply for sales u: number call 346-6181 or 1-804-657.3?" If a corporation, an officer shall execute this application. If a partnership, a partner a11311 execute this application. Licensee Aisne (lndividus,, Corporation., Partnersbip) Trade Dame or BA S Comers Liquors Limited (Corporation) Comers Liquor Unlimited EE License Location (StreetAddrtss'A Block No.) License Period Ap ticant'► Home oon Oakview Plaza Unit 2, 3090 Courthouse Lane From August 1, 2002 To 651)456-9750 t j City Couory State Zip Code Eagan, MN 55121 Dakota Minnesota 569;2 SSj2 0 k Kate o! Sore Mar;ager Ba:r.:ss Lon: Nua:ber Date of -rth (indivld.ai apDhcar.i) Shannon Comer (651)994-0534 (pending) 03/31/1961 1f • corporation, start name, date of birtb, address, title, and shares held by each officer. If a partaersbip, state names, 1 address and date of birth of a eb artaer. Partae: Offict, (first middle last) DOB Title hares Address City Shannon Marie Comer 03/31/61 1 9232 Avalon Path Inver Grove Heights Partner Officer (first middie )ast) DOB Title Shares Address City Partner Officer (firs: middie fast) DOB Title Sbares Address City Partner Officer (first middle last) DO itlc Sbares Address City 1. If a corporation, date of iaeorporationJune 3, 2002 , state incorporated in Minnesota amount or authorised capitalization S 0 amount paid in capital 0 , if a subsidiary of any other corporation, to state NA E give purpose of corporation Liability and I ax Purposes It incorporated under the laws of another state, is co-poration C satboriscd to do busiacsa is the s! utc or Minnesota? Yes Nuabcr a rcrtificatc of autborrity 12E-698 T 2. Describe premises to which license applies; such as (first floor, second floor, basement, eu.) or if entire buildinj, to state j First floor, unit 2 3. is esuolisbment located Dear any state University, state hospital, trainint school, reformatory or prison? No , suit approximate K distance Aztec Properties 45,30 Hemlock Lane, Plymouth, MN 55442 4. State name and address of owner of buildint 2 }4411 owner of buildint any tonnetnnn. directly enr indirectly, wit* a7plic41-!~ NO 5. Is applicant, or any of the associates in this application, a member o' the ;v-,train; body or the municipality 1n which this license is to be issued? NA espa:ity? 6. State wlhetbe► any person ot? er t} 41n applicants has any rix[ t, title o.- in the furniture, fixtures, or squipm41n: for "'ch litenst is applied, a-d if s: I;- nl:,7 y^", !•'a:lt No 7, Have ap^ ,rails a.^; 71t!: .'et. ,j3ts~~'rt d:.'L:.i' or establishment in the s:a'.t Cr 4±.. F C T E. Arc the premise' sow ompied, or to be oetspied try the applicant entirely sewate and eselutivc from any otber ba'inest I establishateat? Yes 0 K 9. If a drug start, state leant of time the genre has been is operation NA Z C 10. State wbether applicant has or sill be grantsd, as On-Sale Liquor License is conjunction with this Off Sale Liquor License, and for No s the same premises t Sate whether applicant has, or will be granted a Sunday On-Sale Liquor Licence is conjunction with the regular On•Salc Liquor A D = LSeence No d 12. 'U this application is for a County Board Off-Sale License, state the distance in miles to the nearest municipality S I. State wbtther applicant, or any of the associates is this application, have ever had an application for a liquor Breese rejt:t&-S ?#.y any E ssunicipaliry or State authority; if as rive, dates and dcuils No C T 0 2. Hu the applicant, or any of the associates is this application, durial the five years immediately pre,ceding this application ever had a x license leader the Minnesota Liquor Control Act revoked for any violation of sveb 1s+s or local ordiaauccs, if so, live date and actalus No 3 2. State ,.better applicant, or say of the associates in skis applicativa, and e>aplvyces while tMployto try app;.'Cant during the past five years pert convicted of any Liquor Law in this cute, lea under Federal Laws, end if to, give date and dctsils No 4. Daring the past license year, has a summons been issued under the Liquor Civil Liability Law (Dram Sbop) M.S. 31 A.802 ❑ Yee ❑ No If yes, attach a Copy of the summons. S This lietnset mast have one of the follwirg. Check one: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) i a A. Liquor Liability Insurance (Dram Shop) - SS0,000 per person, 5104,004 more than one person; $10,000 properry destruction; T S50,000 and 5300,000 for loss of means of support. 1 B. A surety bond from t turiry company with minimum ewtragec as specified in A. +j Or ED C. A certificate from the Suit Treaswct that the licensee has deposited will the state, trust funds having maker value of S18C,000 4 or 5100,090 in cash or securities. I certify that I have read the above sections and that the easwers are true sad correct of as ova anowied c Print same of applicant a uue Ssin~u of AppI at Shannon Comer, Principal Owner SPORT BY POLICE DEPARTMENT T1is is to etrwy that the applicant, and the ancidaug named buein brvc sot been eoavieted within the ptst five )can for say violation of laws of the Sute of Minnesota, or municipal ordinance: relating to inturicating liquor eicept as fouowes Pali e e art ens / Ts a Signature b Iti,'~ ~~I fG~1V'~ EA~7 J PA Ll C ' ~J IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occuptional Stamp. This Stin i *'SS!":! by the Bureau o` Alcohol, Tohauo, and Firearms, For Information call 612-2~4j-2A_Y,>. C ONSULTING GROUP, INC. Transportation • Civil - Structural ■ Environmental - Planning ■ Traffic - Landscape Architecture • Parking SRF No. 0014205 MEMORANDUM TO: Jamie Verbrugge, Assistant City Administrator City of Eagan FROM: Nancy Frick Senior Environmental Planner DATE: June 20, 2002 SUBJECT: CEDAR GROVE REDEVELOPMENT AREA AUAR OVERVIEW The Draft Alternative Urban Areawide Review (AUAR) for the Cedar Grove Redevelopment Area is scheduled for approval for distribution by the Eagan City Council July 2, 2002. This memo summarizes the key points presented in the AUAR. AUAR Study Area • 258-acre site along TH 13 between Cedar Avenue (TH 77) and Seneca Road. • Existing uses: retail, service commercial, office, restaurant, warehouse, and residential. Twenty- eight acres of vacant land. Development Scenario (attached figure) Sub-Area 2 Sub-Area 3 Sub-Area 1 south of TH 13, south of TH 13, north of TH 13 west of Rahn Road east of Rahn Road Site A: 400,000 sq. ft. office Site A*: 2,500 sq. ft. transit Site A*: 25,000 sq. ft. retail/ station, 120-unit hotel, 100 units service/commercial/restaurant senior housing Site B: 16,000 sq. ft. office Site B: 50,000 sq. ft. Site B*: 25,000 sq. ft. retail/ retail/office, 625 units high service/commerciaV restaurant density residential Site C*: 175,000 sq. ft. office Site C*: 269 townhomes Site C: 4,200 sq. ft. service commercial, 4,800 sq. ft. restaurant, 20,000 s q. ft. retail Existing uses to remain: 35,800 Existing uses to remain: 34,940 Existing uses to remain: 45,626 sq. ft. school, 100,340 sq. ft. sq. ft. retail/service/commercial sq. ft. retail/service/commercial, office, 235,000 sq. ft. warehouse 7,995 sq. ft. restaurant, public/ ark *Interim development, assumed to be developed by 2005 for analysis purposes. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ■ Fax (763) 475-2429 ■ http://wiv~v.srfconsulting.com Cedar Grove AUAR Overview -2- June 20, 2002 • Scenario developed as a result of community planning process initiated in 1999; refined development concept devised in 2001. • Market-based "worst-case" scenario for impact assessment. Environmental Issues Traffic • Traffic operations in the assumed interim development year (2005) will be maintained at an acceptable Level of Service (D or better) with these roadway improvements: - Blackhawk Road/Silver Bell Road: Installation of a traffic signal. - Nicols Road/Diffley Road: Construction of an additional eastbound left-turn lane on Diffley Road. The eastbound approach would then consist of dual left-turn lanes, one through lane and one shared through/right-turn lane. - TH 13/Silver Bell Road: Construction of additional left-turn lanes for the north and south approaches of TH 13 to accommodate future traffic volumes. The north and south approaches on TH 13 would then consist of dual left-turn lanes, two through lanes and a right-turn lane. The City is implementing other recommended improvements to Silver Bell Road as part of the previously programmed realignment of Silver Bell Road, Cedarvale Boulevard and Beau D'Rue Drive. The west approach of Silver Bell Road will consist of dual left-turn lanes, one through lane and a right-turn lane. The east approach of Silver Bell Road will consist of dual left-turn lanes, two through lanes and a right-turn lane. • Traffic operations in the assumed full-build development year (2015) will be maintained at an acceptable Level of Service (D or better) with these roadway improvements: - Blackhawk Road/Silver Bell Road: Extension of the northbound left-turn lane on Blackhawk Road to accommodate future a.m. peak hour traffic volumes; construction of a southbound right-turn lane on Blackhawk Road. - TH 13/Silver Bell Road: • Increasing intersection capacity as follows: reconstruction of TH 13 to six lanes; construction of an additional right-turn lane on the west approach of Silver Bell Road. The west approach would then consist of dual left-turn lanes, one through lane and dual right-turn lanes. OR- • Allowing a reduced amount of traffic impact (as compared to that resulting from the AUAR Development Scenario) by implementing development limits and management requirements that together result in peak hour trips within a limit (trip budget) assigned to each development site. • Actual timing of roadway improvements will depend upon the implementation of the Development Scenario, which may occur faster or slower than assumed for analysis purposes. Cedar Grove AUAR Overview -3- June 20, 2002 Traffic-related Noise • Project-related increases in traffic noise levels would be, at most, barely perceptible. • Noise walls are not required and would be impractical and ineffective. Water Quality; Fish, Wildlife, and Ecologically Sensitive Resources • Thirty-eight percent of overall drainage area is currently impervious; 54 percent of drainage area will become impervious surface upon full build-out. • Storm water analysis addresses pretreatment of the additional runoff generated by increase in impervious surface; mitigation presented for five sub-watersheds. • Nicols Meadow Fen Complex located immediately north of AUAR study area, involves two sub- watersheds. - Rare combination of sedge fen, calcareous seepage fen, spring-fed trout streams. - Provides habitat for a number of rare and endangered plant species. - Depends upon the quantity and quality of groundwater; suffered past degradation. • Mitigation for sub-watersheds affecting fen area and trout creeks focuses on low impact design and infiltration. • Mitigation results in overall lower phosphorus loads than existing conditions. • Erosion and sedimentation will be controlled per new City land disturbance and erosion control regulations. • State and Federal regulations will also be applied during construction (NPDES). Potential Environmental Hazards • Several sites with potential to encounter contaminated soil and groundwater. • City will require developers to investigate sites and implement appropriate clean-up plans. Additional Findings • Existing sanitary sewer trunk lines and trunk water main lines have capacity for development. • Air quality analysis shows that state carbon monoxide standards will not be exceeded. • Cultural resources investigations found no archaeological sites and no buildings on National Register. Mitigation Plan • Required as part of the AUAR Process. • City commitment to ensure that mitigation actions are properly implemented and monitored. • Presents financial responsibility for mitigation. Cedar Grove AUAR Overview -4- June 20, 2002 Next Steps • Notice of Draft AUAR Availability published in EQB Monitor. • 30-day comment period. • City responds to comments and adopts a Final AUAR and Mitigation Plan. • City updates AUAR if substantial changes in development plan or other new information; AUAR must be updated five years following adoption. :a - Oro%e AUAR O•:ervie t.dcc N AUAR Study Area Parcel Lines Redevelopment Parcels Office a N~•_ p' NIS m AQ~ SUB-AREA 1 &,liver Bell Road ;C! S . ilver , Bell Road 1 Office SUB-AREA eaa SUB-AREA 3 y -.s Retail ice - Hi -Density esidential s~ A / SUB AREA 2 - s Hotel V Transi stati tC. K h- - 9 T homes Resi a 5w rwt O ~t 4 PROPOSED LAND USE FOR REDEVELOPMENT PARCELS CEDAR GROVE AUAR co,5,.1 cGRcvP.l..C City Oi Eagaii 4 ,~j 3 DRAFT GARAGE SALE ORDINANCE Sec. 11.10. General provisions. Subd. 29.6 Garage Sales. Garage sales are allowed in all residential zoning districts with the following restrictions: A. There shall be not more than three (3) sales events in each calendar year per dwelling unit. B. Sale events are limited to any consecutive seventy-two (72) hour period. C. Garage sale signs must comply with the sign ordinance. D. Garage sale signs may be erected on private properties other than the property where the sale is conducted, provided permission from the private property owner is obtained. Signs shall be removed at termination of the sale,