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 .
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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
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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.
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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
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Vacation Location Map
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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.
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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
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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
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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
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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
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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
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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
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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,