08/06/2002 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
AUGUST 6, 2002
6:30 P.M.
1. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS & PRESENTATIONS
IV. CONSENT AGENDA
,? A. APPROVE MINUTES
B. PERSONNEL ITEMS
C. RATIFY Check Registers for July 18 and July 25, 2002
/ D. APPROVE New Kennel License Application
E. APPROVE New Massage Therapy Establishment Licenses
/ F. APPROVE Premises Permit
G. PENALTY Determination - Liquor License for Davanni's Pizza
H. APPROVE List of Election Judges for the September 10, 2002 Primary Election
I. APPROVE Ordinance Amendment to City Code Chapter Two Entitled "Administration and
General Government" by adding Section 2.39 Regarding Criminal Background Investigations
34 J. APPROVE Change Order #2 - Central Park Pavilion / Wellhouse #20
3?K. APPROVE Resolution Authorizing the Execution of a Grant Agreement with the Minnesota
Department of Public Safety, Office of Traffic Safety for the Project Entitled Safe & Sober
Communities
p39 L. APPROVE Special City Council meeting on August 27, 2002 to consider Preliminary 2003
Budget
qoM. APPROVE Extension for Recording the Conditional Use Permit for Wal-Mart
Y01N. APPROVE Findings of Fact for Denial, Planned Development Amendment - Cornerstone
Construction
py?O. RECEIVE Bids and Award Contract for Contract 02-17, Streetscaping (Central Parkway and
Cedar Grove).
n1?q P. RECEIVE Petition and Schedule Public Hearing to Consider Easement Vacation (Stoney Point
r 2°d Addition)
10 53 Q. APPROVE Agreement with League of Minnesota Cities for National Pollutant Discharge
Elimination System-Phase II Stormwater Guide Plan.
POR. AUTHORIZE Feasibility Report for Project 764R (Selmark, Harvey, Burr View Acres - Street
1 Rehabilitation)
Prl S. AUTHORIZE Feasibility for Project 859 (TH 55/Lexington Ave/Blue Gentian Rd. - Intersection
Reconfiguration)
T. AUTHORIZE Feasibility Report for Project 860 (TH 55/Blue Water Rd. - Intersection
Reconfiguration)
P?Du. AUTHORIZE Feasibility Report for Project 875 (Lexington Place & Lexington Place South -
Street Rehabilitation)
y? V. AUTHORIZE Feasibility Report for Project 876 (Drexel Heights Addition - Street
'_- Rehabilitation)
h W. AUTHORIZE Feasibility Report for Project 877 (Lexington Avenue, TH 55 to Lone Oak Road -
Street Rehabilitation/Upgrade)
PW X. APPROVE Change Order No. 1 for Contract 01-09A (City-Wide Lift Station Upgrades - Storm
Sewer Improvements)
P6, Y. APPROVE Change Order Nos. 2 and 3 for Contract 01-12 (July 2000 Storm Mitigation - Storm
Sewer Improvements).
9 Z. APPROVE Change Order No. I for Contract 02-15A (Community Center - Storm Sewer
Improvements).
?079AA. RECEIVE Petition and Schedule Public Hearing to Consider Easement Vacation (Lexington
jQ % CC. APPROVAL Change Order No. 3 for Contract 01-07 (Lexington Avenue - Street & Utility
r Improvements)
Q
P aDD. EXTENSION for Comprehensive Plan Amendment Review for Special Area Number 7.
I EE. WANE Notice Requirement - City of Eagan - Zoning Map Update
V. 6:30 - PUBLIC HEARINGS
ply A. VACATION OF PUBLIC RIGHT OF WAY (Old Sibley Memorial Highway - Eagan Heights
Townhomes 3`d Addition.
?qfB. VACATION OF PUBLIC RIGHT OF WAY (Denmark Avenue - Olson-Burger Addition).
?10 C. VARIANCE, Glenn Hartzell. A variance request to allow a waiver of subdivision without
separate sewer and water connections for a twin home when separating for individual ownership
on Lot 8, Block 5, Wilderness Run 5a' Addition located at 1327 and 1329 Easter Lane in the NW
'/d of Section 27.
D. VARIANCES - Setback Variances for Signage along Lexington Avenue for Project 771 (Street
and Utility Improvements)
11`j E. VARIANCES - Setback Variances for Buildings and Parking Lots for Project 800R (Cedar
Grove Access Reconfiguration - Street and Utility Improvements)
F gF.VARIANCE AND CONDITIONAL USE PERMIT - WAJCO, INC. A Conditional Use Permit
to allow a car wash as an accessory use to an automobile service station and setback variances on
the southwest comer of Nicols and Diffley at 4205 Nicols Road in the NW '/4 of Section 30.
1 G. VARIANCE AND CONDITIONAL USE PERMIT - EAGAN TIRE & AUTO SERVICE. A
Conditional Use Permit to allow an automobile service station, a Variance from the required 50
foot setback from Diffley Road and a Variance from the 20 foot maximum building height
allowed in the Neighborhood Business zoning district on Lots 6 & 7 Block 1, Blackhawk Plaza,
located on the north side of Diffley road between Blackhawk Road and I-35E in the SE '/4 of
Section 20.
VI. OLD BUSINESS
I ' A. CONSIDER MAC PROPOSAL regarding Joint Airport Zoning Board Indemnification.
?&B. CONSIDER ARC RECOMMENDATION regarding Joint Airport Zoning Board.
qfC. CONSIDERATION of Remaining Storm Mitigation Improvements (Projects 841, 842, 843 and
844).
VII. NEW BUSINESS
p 1A. PLANNED DEVELOPMENT AMENDMENT - M&H PROPERTIES, LOC. A Planned
Development Amendment to erect a pylon sign on Lot 2, Block 1, Cedar Cliff Commercial Park,
located at 4590 Scott Trail in the SE %4 of Section 30.
B. ORDINANCE AMENDMENT - CITY OF EAGAN. An Ordinance Amendment providing "on-
sale" liquor as a conditional use in the Business Park (BP) Zoning District.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ADMINISTRATIVE AGENDA
A. Comments by City Council, City Administrator, and Department Heads
X. ADJOURNMENT
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital
status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will
be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan
will attempt to provide such aid.
MEMO
city of eagan
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: AUGUST 2, 2002
SUBJECT: AGENDA INFORMATION FOR AUGUST 6, 2002 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the August 6, 2002 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
August 6, 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 July 16, 2002 regular City Council meeting, the July 16, 2002
special City Council meeting and the July 26, 2002 special City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the July 16, 2002 regular City Council meeting are enclosed on pages
through -?-.
• Minutes f the July 16, 2002 special City Council meeting are enclosed on pages
through .
• Minutes of the June 26, 2002 special City Council meeting are enclosed on pages
through I.
a
MINUTES OF A REGULAR MEETING OF THE D R A F T
EAGAN CITY COUNCIL
Eagan, Minnesota
July 16, 2002
A regular meeting of the Eagan City Council was held on Tuesday, July 16, 2002 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Awada and Councilmembers Carlson, Fields and Tilley. Councilmember
Bakken was out of town for military duty. 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
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
CONSENT AGENDA
A. Minutes. It was recommended to approve the minutes of the July 2, 2002 regular City Council
meeting, the July 9, 2002 special City Council meeting, and the June 25, 2002 special City Council
meeting.
B. Personnel Items.
1. It was recommended to approve the hiring of Lindsay Dahl as a seasonal GIS/GPS Intern.
C. Check Registers. It was recommended to ratify the check registers dated July 4, 2002 and July 11,
2002.
D. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for K-Liquor,
Inc., 1274 Lone Oak Drive.
E. Change Order. It was recommended to approve change order number 4 to the Eagan Community
Center in the total amount of $45,729.
F. RFP - Employee Benefits. It was recommended to approve request for proposals for employee
benefits including health and dental insurance and authorize advertisement.
G. Project 868. It was recommended to approve retaining the firm of SEH, Inc. to perform technical
design and construction engineering services for Project 868 (Coachman Road Water Treatment
Facility - expansion and renovation) and authorize the Mayor and City Clerk to execute all related
contract documents.
H. Contract 02-16. It was recommended to approve Change Order No. I to Contract 01-16 (Cedar Grove
Access Modifications - Building Demolition) and authorize the Mayor and City Clerk to execute all
related documents.
1. Contract 02-02. It was recommended to approve Change Order No. 1 to Contract 02-02 (Cedar Cliff /
Mari Acres/ River Hills 9' / Post / Rustic Hills/ Oster Additions - Street Improvements) and authorize
the Mayor and City Clerk to execute all related documents.
J. Contract 01-14. It was recommended to approve Change Order NO. 2 to Contract 01-14 (July 2000
Storm Mitigation Improvements - Misc. Areas #1, 4, 5 & 10) and authorize the Mayor and City Clerk
to execute all related documents.
K. Contract 01-08. It was recommended to approve the final payment or Contract 01-08 (Well No. 20,
Central park Well Drilling) in the amount of $17,459 to E.H. Renner & Sons, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
L. 2002 New Tobacco License. It was recommended to approve 2002 Tobacco License for Tobacco
Outlet (Formerly Tobacco Etc.), 1480 Yankee Doodle Road.
M. 2002/2003 Massage Therapy Establishment Renewals. It was recommended to approve 2002/2003
Massage Therapy Establishment Renewals for Kristal Spa and Salon, 1380 Marice Drive; Divine
Touch Massage Center, 2130 Cliff Road; and Life Time, 1565 Thomas Lake Drive.
N. Ordinance Amendment. It was recommended to approve an ordinance regulating the sale of
phosphorus lawn fertilizer.
0. Licensing of Waste Haulers. It was recommended to approve revisions to City Code Section 6.37
regarding licensing of waste haulers.
P. Building Security Consultant Contract. It was recommended to approve contracts with SecuriCo for
security consulting services, subject to City Administrator and City Attorney approval.
3
Eagan City Council Meeting Minutes
D RAF T
July 16, 2002
Page 2
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as presented. Aye: 4 Nay: 0
PUBLIC HEARINGS
VARIANCE - DAVID P. MANNINEN (624 SALLY CIRCLE)
City Administrator Hedges introduced this item regarding a 1.7 percent Variance from the maximum 20
percent building coverage standard in a residential zoning district for construction of a 192 square foot addition on
property located at 624 Sally Circle. Senior Planner Ridley gave a staff report.
David Manninen, applicant, discussed his request for the variance.
Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing
and turned discussion back to the Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a 1.7 percent
Variance from the maximum 20 percent building coverage standard in residential zoning districts for the
construction of a 192 square foot addition on property located at 624 Sally Circle (Lot 13, Block 3, Selmark) in the
NW '/4 of Section 12 subject to the following conditions: Aye: 4 Nay: 0
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 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.
Building coverage shall not exceed 21.7 percent of the lot.
The patio enclosure shall be constructed of materials compatible wit the existing single family
dwelling.
The addition shall comply with all other applicable Zoning Ordinance provisions.
VARIANCE - RON AND DAWN DELLA PAOLERA (4756 BERKSHIRE WAY)
City Administrator Hedges introduced this item regarding a 3.1 foot variance request from the required 30
foot front yard setback from Berkshire Way and a 2 foot variance from the required 30 foot front yard setback from
Covington Lane for the construction of a living space addition. Senior Planner Ridley gave a staff report.
Ron Paolera, applicant, discussed his request for a variance.
Mayor Awada 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 Fields seconded a motion to approve a 3.1 foot Variance
from the required 30 foot front yard setback from Berkshire Way and a 2 foot Variance from the required 30 foot
front yard setback from Covington Lane for the construction of a living space addition on property located at 4756
Berkshire Way (Lot 6, Block 5, Berkshire Ponds) in the NW '/, of Section 32. Aye: 4 Nay: 0
OLD BUSINESS
PRELIMINARY PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE CONSTRUCTION
Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of this
item until August 6, 2002. Aye: 4 Nay: 0
Eagan City Council Meeting Minutes
July 16, 2002
DRAFT
Page 3
NEW BUSINESS
REZONING, PRELIMINARY AND FINAL SUBDIVISION, (LANGSTRAAT ADDITION)
HARLAN LANGSTRAAT
City Administrator Hedges introduced this item regarding a rezoning of a 4.75 acre parcel from A
(Agriculture) to R-1 (Residential Single Family) and a Preliminary and final subdivision to create one lot for the
existing single family dwelling an done outlot for park purposes on property located at 1250 Deerwood Drive.
Senior Planner Ridley gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a rezoning of a 4.75
acre parcel from A(Agriculture) to R-1 (Residential Single Family) located on Deerwood Drive in the SE 1/4 of
Section 22. Aye: 4 Nay: 0
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision and Final Subdivision to create one lot for the existing single-family dwelling and one outlot for park
purposes (Langstraat Addition) on property located at 1250 Deerwood Drive in the SE '/4 of Section 22, subject to
the following conditions: Aye: 4 Nay: 0
I . The developer shall comply with the following standard conditions of plat approval as adopted by
Council on February 3, 1993: Al, B1, B3, and B4.
2. The property shall be final platted.
3. The transfer of Outlot A to the City shall occur at the time of recording the final plat for Langstraat
Addition.
COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AND
PRELIMINARY SUBDIVISION - EAGAN HEIGHTS TOWNHOMES 3RD ADDITION
(DIEDRICH BUILDERS, INC.)
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to
establish an MD, Medium Density residential land use guide plan designation upon 5.21 acres of land located north
of Diffley Road and west of Highway 77. Senior Planner Ridley gave a staff report, stating that action should only
be made on the Comprehensive Guide Plan Amendment until the Metropolitan Council comments on the
amendment. Request for action on the preliminary planned development preliminary subdivision will be brought
back before Council at a later date.
Bill Diedrich, Diedrich Builders, discussed the proposed subdivision. Mayor Awada and Councilmembers
discussed berming to be installed along Diffley Road. It was agreed to add a condition requiring a four foot berm
with shrubs planted on top and no fence be allowed. This condition is to be included when the Preliminary Planned
Development is brought back before the Council for consideration.
MayorAwada moved, Councihnember Tilley seconded a motion to direct that a Comprehensive Guide
Plan Amendment to establish an MD, Medium Density residential land use guide plan designation upon 5.21 acres
of land located north of Diffley Road and west of Highway 77 in the SW '/, of Section 19, be submitted to the
Metropolitan Council for review and approval. Aye: 4 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY SUBDIVISION
GREYHAWK TOWNHOMES (MARK GERGEN)
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to
change the land use designation from RC (Retail Commercial) to MD (Medium Density Residential) at 4150
Blackhawk Road. Senior Planner Ridley gave a staff report.
Councilmembers and Mark Gergen, applicant, discussed requirements and plans for a recreational area.
Councilmember Carlson moved, Councilmember Fields seconded a motion to direct that a Comprehensive
Guide Plan Amendment changing the land use designation from RC (Retail Commercial) to MD (Medium Density
Eagan City Council Meeting Minutes
July 16, 2002
Page 4
DRAFT
Residential) on Lot 3, Block 1, Blackhawk Plaza, located at 4150 Blackhawk Road in the SW '/4 of Section 19
(Interstate Highway 35E and Diffley Road), be submitted to the Metropolitan Council for review and comment.
Aye: 4 Nay: 0
PRELIMINARY SUBDIVISION AND VARIANCE - TILSEN HOMES, INC.
City Administrator Hedges introduced this item regarding a Preliminary Subdivision of approximately four
acres to create five single family lots and a Variance to allow lots without frontage on a public street for property
located at 3460 Wescott Woodlands. Senior Planner Ridley gave a staff report.
Councilmembers, staff and the applicant discussed the potential negative impacts to off-site trees from
grading and construction activity on the subject site. It was agreed that a defined conservation easement would be
put in place over the northeasterly portion of Lot 2. Public Works Director Colbert discussed the need for the
installation of a sewer lift station and force main pipe to serve the development and the future development of
Parcel 010-01 to the north.
Rachel Thorpe Neuman, property owner to the north of the subject site, expressed her objection to the
proposed development due to its impact on the heavily wooded steep topography and density of the proposed
development. She also questioned the requested variance.
There was considerable discussion regarding the need and financing obligations of the conditioned
requirement to extend a sewer lateral to the undeveloped parcel to the north to accommodate its potential future
development. After considering other potential options of dedicating an easement only or installing the utility under
a public assessable improvement, the Council consensus was to leave condition #8 as proposed.
Councilmember Tilley moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision,
with a Variance to create lots without public street frontage, to create five single-family lots on 3.8 acres located at
3460 Wescott Woodlands in the NE'/, of Section 14, legally described as Lot 2, Block 1, Thorpe Woodland
Gardens, subject to the following conditions: Aye: 4 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: A 1, B1, B2, B3, Cl, C2, D1 and E1.
2. The property shall be platted.
3. Architectural designs and construction methods for new construction within the development shall
incorporate sound attenuation standards sufficient to achieve and interior sound level of 45 dBA as
compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This
requires an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level).
4. The developer shall be responsible for preparing and recording, with the subdivision, appropriate
documents establishing a homeowners' association. The documents should be submitted and approved
by the City attorney's office prior to final subdivision approval. Transfers of common areas to the
homeowners' association shall be recorded with the subdivision.
5. The developer shall be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards. The development is also subject to the City's recently
codified land disturbance and erosion control regulations.
6. This development shall be responsible for a cash water quality dedication in lieu of ponding.
7. This development shall maintain a minimum 30-foot undisturbed buffer from the delineated wetland
edge.
8. The developer shall construct a sanitary sewer lift station and force main pipe to serve the
development and the future development of Parcel 010-01 to north, in accordance with City
engineering standards.
9. This development shall provide a gravity flow sanitary sewer pipe, in accordance with City
engineering size, depth and capacity standards.
10. The existing house on Lot 3 shall be required to connect to the City sanitary sewer and water main
systems, when available with development.
11. The existing septic and well systems on Lot 3 shall be abandoned in accordance with City and County
standards.
6
Eagan City Council Meeting Minutes
July 16, 2002
Page 5
DRAFT
12. The private drive shall be constructed with a vehicle turnaround in accordance with City engineering
and fire department standards.
13. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting)
shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of
both onsite and offsite significant trees/woodlands to be preserved.
14. The applicant shall contact the City Forestry Division and setup a pre-construction site inspection at
least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree
preservation Plan and placement of the Tree Protection Fencing.
15. This development shall be responsible for a cash parks dedication and a cash trails dedication for four
lots, payable prior to release of the plat for recording, at the rates then in effect.
16. The applicant shall prepare and record a document creating a permanent conservation easement over
the northeasterly portion of proposed Lot 2. The document shall be submitted and approved by the
City Attorney prior to Final Subdivision approval.
ADJOURNMENT
The meeting adjourned at 8:30 p.m. into a meeting of the Economic Development Authority and then into
an Executive Session to discuss matters of pending labor negotiations and an update by the City Attorney on any
pending litigation.
VISITORS TO BE HEARD
Harry Hjermstad of Armor Waste Systems discussed the revision to City Code Section 6.37 regarding the
licensing of waste haulers, his company's method of waste disposal and their desire for a residential hauler license.
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, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
MINUTES OF A
SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL
TUESDAY JULY 16, 2002
MUNICPAL CENTER COMMUNITY ROOM
5:30 P.M.
Present: Mayor Awada, Councilmembers Carlson, Tilley and Fields.
Councilmember Bakken was not present due to his annual National Guard training.
Staff present: City Administrator Hedges, Director of Administrative Services
VanOverbeke, Parks and Recreation Director Vraa, Communications Director
Garrison, Assistant City Administrator Verbrugge, Civic Arena Manager Vaughan,
and Assistant to the City Administrator Lord.
1. ROLL CALL AND AGENDA ADOPTION
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the
agenda.
Aye: 4 Nay: 0
H. VISITORS TO BE HEARD
There were no visitors to be heard.
III. DISCUSSION RE: PROPOSED 2003 CIVIC ARENA BUDGET
City Administrator Hedges introduced a discussion on the 2003 proposed Civic Arena
budget, which was a carry over discussion from the July 9 Special City Council
workshop. Parks and Recreation Director Vraa, Civic Arena Manager Vaughan, and
Director of Administrative Services VanOverbeke presented additional budget
information that the Council requested at the July 9 workshop. The Council discussed the
ice rental fees and the proposed capital projects. The mayor noted that the ice rental fees
have been running below the rate of inflation.
Mayor Awada made a motion to set the ice rental fees at $147 for non-profit groups,
$152 for Eastview Hockey Association, $157 for District 196 High Schools, and $112 for
off-peak ice rental. Also included in the motion was to remove both capital security items
and remove the advertising costs for the home show, as the show will now be promoted
through the ECVB. There was no second to the motion.
The City Council discussed temporary employee wages and proposed overtime
allocations.
Councilmember Tilley moved, Mayor Awada seconded a motion to set the ice rental fees
at $147 for non-profit groups, $152 for Eastview Hockey Association, $157 for District
196 High Schools, and $112 for off-peak ice rental. Also included in the motion was to
remove both capital security items (building door security and security system from
Cascade Bay) and remove the advertising costs for the home show, as the show will now
8
July 16, 2002
Special City Council Workshop
Page 2
be promoted through the ECVB. The capital projects to be included are: adding heating
capacity to the East Arena and installing rental lockers.
Councilmember Carlson offered an amendment to keep the non-profit ice rental rate at
$145. The amendment was accepted.
Aye: 4 Nay: 0
IV. OTHER BUSINESS
There was no other business.
V. ADJOURNMENT
The meeting adjourned at 6:25 P.M.
Date
City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of
Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535).
The City of Eagan is committed to the policy'that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
9
MINUTES OF A SPECIAL MEETING OF THE DR
EAGAN CITY COUNCIL
Eagan, Minnesota
July 26, 2002
A special meeting of the Eagan City Council was held on Friday, July 26, 2002 at 8:00 a.m. at the Eagan
Municipal Center. Present were Mayor Awada and Councilmembers Carlson, Fields and Tilley. Councilmember
Bakken was out of town on military duty. Also present were City Administrator Tom Hedges, City Attorney Mike
Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey.
AGENDA
City Administrator Hedges noted that under Other Business an item had been added to discuss a
Telecommunications Commission recommendation.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye: 4 Nay: 0
NEW BUSINESS
CONSIDER ORDINANCE AMENDMENT TO CITY CODE CHAPTER 4, SECTION 4.20
City Administrator Hedges discussed this item regarding a proposed ordinance amendment to City Code
Chapter 4, Section 4.20 regarding general sign standards. He explained that as a result of candidates orientation
held on Monday, July 22, whereby questions were asked of the City staff about the intent and purpose of the City's
Sign Ordinance as it relates to setback of signs from the City's public right-of-way, it was determined that a
clarification to the ordinance was necessary to allow candidates and City staff to properly address the location of
political signs throughout the community.
Councilmembers and City Attorney Dougherty discussed the proposed amendment as it would pertain to
private property. It was noted that signage would be allowed on private property provided it was setback 10 feet
from the property line.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an amendment to
Chapter 4, Section 4.20 regarding placement, erection and maintenance of signs. Aye: 4 Nay: 0
OTHER BUSINESS
BURNSVILLE / EAGAN TELECOMMUNICATIONS COMMISSION RECOMMENDATIONS
REGARDING TRANSFER OF CABLE TELEVISION FRANCHISE
City Administrator Hedges discussed this item regarding the proposed merger of cable television systems
AT&T Broadband and Comcast. He stated that Telecommunication Commissioners had reviewed hundreds of
pages of documentation and the law firm of Creighton, Bradley & Guzzetta prepared extensive reviews of available
merger data.
Councilmembers, staff and Tom Creighton of Creighton, Bradley & Guzzetta held a brief discussion
regarding the recommendation of the Telecommunications Commission.
Mayor Awada moved, Councilmember Tilley seconded a motion to ratify the Bumsville/Eagan
Telecommunications Commission recommendations to approve the transfer of cable television franchise from
AT&T Corporation to AT&T Comcast merger of cable television systems subject to certain conditions.
Aye: 4 Nay: 0
/O
Eagan City Council Meeting Minutes
July 26, 2002
Page 2
ADJOURNMENT
The meeting was adjourned at 8:30 a.m.
Date
DRAFT
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, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Seasonal Park Maintenance Worker--
ACTION TO BE CONSIDERED:
To approve the hiring of Brandon Widstrom as a seasonal park maintenance worker.
Item 2. Resignation/Planner--
ACTION TO BE CONSIDERED:
To accept the letter of resignation from Cynthia Kirchoff, Planner.
/ W0,2
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED: To ratify the check registers dated July 18, 2002 and July
25, 2002 as presented.
ATTACHMENTS:
• Check registers dated July 18, 2002 and July 25, 2002 are enclosed without page number.
/3
Council Agenda Memo
August 6, 2002
CONSENT AGENDA
D. APPROVE NEW KENNEL LICENSE
ACTION TO BE CONSIDERED:
To approve a kennel license for Margaret MacRae, 4940 Dodd Road
FACTS:
• Staff has reviewed the application and deems it in order for approval
ATTACHMENTS:
• A copy of the application is attached without page number
Council Agenda Memo
August 6, 2002
CONSENT AGENDA
E. APPROVE NEW MASSAGE THERAPY ESTABLISHMENT LICENSE
ACTION TO BE CONSIDERED:
To approve a 2002-2003 new Massage Therapy Establishment License for Cloud
Nine Spa & Salon, 1284 Town Centre Drive.
FACTS:
• Staff has reviewed the application and deems it in order for approval
ATTACHMENTS:
• A copy of the application is attached without page number
'S..
Council Agenda Memo
August 6, 2002
CONSENT AGENDA
F. APPROVE PREMISES PERMIT
• INFORMATION WILL BE SENT OUT ON MONDA Y FOR THIS
ITEM.
/6
Agenda Information Memo
August 6, 2002
G. PENALTY DETERMINATION - LIQUOR LICENSE
FOR DAVANNI'S PIZZA
ACTION TO BE CONSIDERED:
To approve a resolution accepting the Administrative Hearing Officer's report and to approve the civil
penalty of $250 for Davanni's Pizza.
FACTS:
• Davanni's Pizza failed compliance checks on March 22, 2000, September 5, 2000, November 16,
2001 and May 31, 2002, by serving alcohol to a minor.
Eagan City Code Chapter 5, Section 5.02, Subdivisions 4(G) and (H) identify the hearing
procedure and related penalties for those establishments who fail compliance checks. The
language in Subdivision G states that a hearing shall be mandatory in the event that the City Clerk
records three violations in one year or four violations in a three-year period. The purpose of the
hearing is to determine if the violations occurred as stated in the police incident reports. While the
ordinance allows the City Council to appoint an independent hearing officer to conduct the
hearing, the Council must determine the penalty to be imposed.
• On June 19, 2001, the Council approved an ordinance amendment to Chapter 5, Section 5.02,
Subdivision (H), which identifies the civil penalties for liquor sales violations. The ordinance
states that, upon the third offense within a 24-month period, the civil penalty to be imposed is
$250.
• Under the City Code, which adopts the State Statute language, the City has the ability to revoke
the license, suspend the license for up to 60 days, or impose upon the licensee a civil penalty up to
$2,000 for each violation, or impose any combination thereof.
• At the June 18, 2002 City Council meeting, the City Council directed the City Clerk to
schedule a mandatory hearing for Davanni's Pizza regarding the liquor sales violations that
occurred at their establishment. The City Clerk was appointed as the hearing officer for the
proceedings.
• The administrative hearing was conducted on July 10, 2002. The City Clerk's Findings of Fact
and Decision find that the four violations did occur as reflected in the police incident reports. As
such, the City Clerk is forwarding the findings to the Council for the purpose of providing for the
determination of the civil penalty which is prescribed by City Ordinance to be $250 for a third
offense in a 24-month period.
• If the Council desires to impose a civil penalty in an amount greater than $250, this item should be
pulled from the Consent Agenda for further discussion.
/7
ATTACHMENTS:
• Administrative Hearing Report containing Findings of Fact and Decision on pages through
• Resolution accepting Findings of Fact and Decision on pages A through
• Excerpt of Eagan City Code Chapter 5, Section 5.02 on page ".
ADMINISTRATIVE HEARING REPORT REGARDING
LIQUOR SALES VIOLATIONS - DAVANNI'S PIZZA
Eagan Police Case Files 00-1967; 00-6526; 01-8915; 02-3797
Issue
Did Davanni's Pizza violate Minnesota Statutes Section 340A.101 et. seq. and Eagan
City Code, Chapter 5 on March 22, 2000, September 5, 2000, November 16, 2001, and
May 31, 2002 by serving alcohol to a person under the age of 21?
Background
On June 18, 2002, the Eagan City Council directed that a mandatory hearing be
conducted for Davanni's Pizza since four violations in a three-year period involving the
serving of alcohol to a person under the age of 21 had been recorded at this
establishment. As City Clerk, I was also directed to serve as the hearing officer at the
administrative hearing. The hearing was held on July 10. In attendance were: Jeff
Miller, Head Manager - Davanni's; Randy Evans, Assistant Manager - Davanni's; Kevin
McGrath, Patrol Sergeant - Eagan Police Department; Mike Fineran, Detective - Eagan
Police Department; Jennifer Ruby, Officer - Eagan Police Department; and myself, the
administrative hearing officer.
Findings of Fact
March 22, 2000 - Case No. 00-1967
Sergeant McGrath provided background information regarding the first incident, which
occurred on March 22, 2000 at 2:03 p.m. He said that Jeannie Seidel, a 20-year old
volunteer citizen, was approached by Brian Martin, an employee of Davanni's. Ms.
Seidel requested a beer and was subsequently served. Sergeant McGrath stated that Ms.
Seidel was under 21 at the time of the compliance check. (A photocopy of Ms. Seidel's
Minnesota Driver's License was submitted.)
The representatives of Davanni's had no comments or additional information refuting
what had occurred.
September 5, 2000 - Case No. 00-6526
On September 5, 2000 at 2:40 p.m., Sergeant Kevin McGrath explained that he went into
Davanni's with a 20-year old volunteer citizen, Jeannie Seidel. The waiter, Jesus Ricardo
Vazquez-Carrillo, approached them and took their order. They each ordered a sandwich
and a Bud Lite. Vazquez-Carillo served both of them the beer they had requested.
Sergeant McGrath then identified himself and asked to speak to the manager on duty,
Becky Coleman. Sergeant McGrath noted that Ms. Seidel was under the age of 21 at the
l9
time of the compliance check. (A photocopy of Ms. Seidel's Minnesota Driver's License
was submitted.)
The representatives of Davanni's had no comments or additional information refuting
what had occurred.
November 16,2001 - Case No. 01-8915
Detective Mike Fineran provided background information regarding this incident, which
occurred on November 16, 2001 at 5:45 p.m. He said that an 18-year old volunteer
citizen, Steve Hoaglund entered Davanni's and ordered a sandwich and a Bud Lite. The
cashier, Alyssa Klossner, took his money for the sandwich and beer and then told the
employees in the back of the restaurant to serve Hoaglund the beer. At that point,
Detective Fineran entered the restaurant and stood behind Hoagland. Anthony Johnson
came from the kitchen area with a bottle of Bud Lite with the cap removed and he placed
the beer on the counter. Detective Fineran spoke to Mark Beliveau, the assistant
manager, regarding the failed compliance check. Detective Fineran noted Mr. Hoaglund
was under the age of 21 at the time of the compliance check. (A printout showing Mr.
Hoagland's date of birth was submitted.)
The representatives of Davanni's had no comments or additional information refuting
what had occurred.
May 31, 2002 - Case No. 02-3797
On May 31, 2002 at 2:50 p.m., Officer Jennifer Ruby explained that she went into
Davanni's with, Chelsea Luce, a volunteer citizen who was under the age of 21. Officer
Ruby and Ms. Luce each ordered a beer. Randy Evans, the assistant manager asked Ms.
Luce for some identification after she asked for a Bud Lite. Ms. Luce presented her
Minnesota Driver's License, which showed her date of birth as May 16, 1984. Mr. Evans
looked at a calendar, which stated that persons born after May 30, 1981 could not be
served. After asking his employees if it was the 30th or 31 ", he changed the calendar to
the 31st. He then returned Ms. Luce's license and proceeded with the sale of food. Ms.
Luce presented a twenty-dollar bill and the transaction was completed. Mr. Evans placed
the open bottles of beer on the counter. Officer Ruby then identified who she was and
informed Mr. Evans that he had just served alcohol to someone under the age of 21.
Officer Ruby noted that Ms. Luce was under the age of 21 at the time of the compliance
check. (A photocopy of Ms. Luce's Minnesota Driver's License was submitted.)
The representatives of Davanni's had no comments or additional information refuting
what had occurred.
Decision
It is my decision, based upon the'testimony presented by officers of the Eagan Police
Department and the fact that the representatives of Davanni's Pizza did not refute the
ao
testimony, that the four violations did occur as identified in the incident reports prepared
by the Eagan police officers. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4
(H) states that, upon the third offense in a 24-month period, a $250 civil penalty shall be
imposed. (An ordinance amendment increasing the civil penalties was revised on June 4,
2002 following alcohol compliance checks completed on May 31, 2002).
This matter will be placed on the August 6, 2002 City Council agenda thereby giving the
City Council the opportunity to make a final determination as to the civil penalty to be
imposed.
Dated: c2OOc-
1
Signed: Maria Karels
Administrative Hearing Officer
C *41
CITY OF EAGAN
RESOLUTION
A RESOLUTION IMPOSING A CIVIL PENALTY FOR DAVANNI'S PIZZA
WHEREAS, the City of Eagan (the "City") has issued licenses for the sale of
alcoholic beverages to Davanni's, Inc. (the "Licensee"); and
WHEREAS, illegal activities have occurred on the licensed premises of the Licensee,
specifically, service of an alcoholic beverage to a person under the age of 21 by employees of
Licensee on March 22, 2000, September 5, 2000, November 16, 2001 and May 31, 2002, in
violation of Minnesota Statutes; 340A.503; and
WHEREAS, Chapter 5, Section 5.02, Subdivisions 4(G) and (H) of the Eagan City
Code address the hearing procedures and related penalties for liquor establishments who fail
compliance checks by selling alcohol to persons under the age of 21; and
WHEREAS, the ordinances state that the Licensee must be given an opportunity for a
hearing either by the City Council or an administrative hearing officer before any action may be
taken;
WHEREAS, the Licensee has had an opportunity to be heard at an administrative
hearing held on July 10, 2002, presided over by the City Clerk who served as the administrative
hearing officer.
WHEREAS, the City Council has reviewed the Findings of Fact and Decision of the
administrative hearing officer.
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby adopts
the Findings of Fact and Decision of the administrative hearing officer; and
BE IT FURTHER RESOLVED that the City Council imposes the following penalty
as prescribed by City Ordinance:
1) A civil penalty in the amount of $200.00 due within 30 days of approval of
resolution.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its City Clerk
02
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 6`h day
of August, 2002.
Maria Karels, City Clerk
;13
Excerpt of Chapter 5, Section S. 02, Subdivisions 4(G) and (H)
G. Hearing. A hearing may be conducted before the city upon the recommendation of the chief
of police or the city clerk, except that a hearing before the council shall be mandatory in the
event that the city clerk records three violations in one year or four violations in a three-year
period. The period of one year or three years shall begin from the date of the first violation to
be counted and shall not be based on calendar years. The purpose for the hearing shall be to
determine whether a violation has occurred and the penalty to be imposed. For the purpose of
this hearing, a conviction on any criminal charge shall be conclusive of the fact that a
violation has occurred; however, an acquittal shall not be conclusive that a violation did not
occur. The council may, in its sole discretion, appoint an independent hearing examiner to
conduct a hearing under the Administrative Procedures Act and determine whether a
violation has occurred; however, the penalty shall in all cases be determined by the council.
No suspension or revocation shall take effect, nor civil fine imposed, until the licensee has
been afforded a hearing as provided for in this subparagraph. Such hearing shall be called by
the council upon written notice to the licensee served in person or by certified mail not less
than 15 nor more than 30 days prior to the hearing date, stating the date, time and purpose
thereof.
H. Penalty. Upon a finding that the licensee has sold alcoholic beverages to another retail
licensee for the purpose of resale; purchased alcoholic beverages from another retail licensee
for the purposes of resale; conducted or permitted the conduct of gambling on the licensed
premises in violation of the law; failed to remove or dispose of alcoholic beverages when
ordered by the commissioner to do so under Minnesota Statutes; or failed to comply with any
other applicable state statute or rule, or Code provision herein relating to alcoholic beverages,
the City may revoke the license, suspend the license for up to 60 days, or impose upon the
licensee a civil penalty up to $2,000.00 for each violation, or impose any combination
thereof. A civil penalty of $75.00 for the first violation, $200.00 for the second violation
within a 24-month period and $250.00 for a third violation within a 24-month period shall be
imposed upon the licensee who shall pay the civil penalty within 30 days of the date of a
notice from the City. A fourth or more violation within a 24-month period shall be subject to
a civil penalty as determined by city council resolution. If the licensee fails to pay the civil
penalty within 30 days of notice, the licensee's license shall be suspended until the civil
penalty, plus any surcharge or interest for late payment, is paid in full. Upon the fourth
offense within a 24-month period, the license shall be suspended for not less than seven days.
No suspension or revocation of a license or civil penalty under this Subparagraph shall take
effect until the licensee has been given an opportunity for a hearing under the Minnesota
Administrative Procedure Act. If the licensee files a request for hearing with the City Clerk
within five (5) business days of the date of the notice of the license action or civil penalty, the
City Clerk shall schedule a hearing before a hearing officer duly appointed by the City
Administrator. In the event that the licensee fails to timely request a hearing or fails to appear
at a scheduled hearing, the licensee shall be deemed to have waived his/her right to a hearing
and shall be subject to the license action or civil penalties imposed hereunder.
ay
Agenda Information Memo
August 6, 2002
H. APPROVE LIST OF ELECTION JUDGES FOR THE SEPTEMBER 10, 2002
PRIMARY ELECTION
ACTION TO BE CONSIDERED:
To approve the list of election judges for the September 10, 2002 Primary Election.
ATTACHMENTS:
• Attached on pages through j is the list of election judges for the
Primary Election.
as
September 10, 2002 - Primary Election Judges
LAST NAME FIRST
AGRIMSON LOIS
ALLEN CAROL
AMUNDSON GEN
ASTLEFORD SHARON
BAHR DARLENE
BAKER MARION
BARI JOSEPH
BASSETT ELIZABETH
BAUER FRAN
BEATTY DICK
BELLILE GROVER
BERKOPEC JINNY
BLACK NEAL
BOHLIG JOAN
BRASTAD VIVIAN
BRUCE LARRY
BRUCE ELEANORE
BRUCE SHARON
BURKARD SHIRLEY
CAREY RODNEY
CARLSON DOROTHY
CASSELMAN JEANNE
CESARIO URSULA
CHAPMAN SARA
CHRISTENSEN TRUDY
CHRISTENSEN CLARENCE
CHRISTOPHERSON JUDY
COLEMAN TONY
Friday, August 02, 2002 Page I of 8
96
LAST NAME
FIRST
COMBS PAMELA
COOK MIKE
COOK LARRY
CORDES BARB
CORDES KATIE
DANNER MARGO
DEFRANG MARILYN
DENNY KELLY
DI NELLA BRUNO
DOLPHAY MARGARET
DRISCOLL JAMES
DZIELSKY SHIRLEE
EDWARDS CONNIE
ENGEN BONNY
ERICKSON DAVE
ERICKSON CINDY
FAIRCHILD CARALYNE
FISCHER CHARLES
FOSTER LINDA
FREDLUND ROGER
FREDLUND ELLEN
FROST THOMAS
FROST CECILIA
GEAGAN SUE
GIGNAC MILLIE
GLANDER CHARLES
GLANDER JUDITH
GOESS ART
GOESS BERNADINE
GOETZ RUTH
Friday, August 02, 2002 Page 2 of 8
a12
LAST NAME
FIRST
GOIN
GOOD
GOODELL
GRIMMER
GUETZLAFF
HAGEN
HAMERNIK
HANSEN
HANSEN
HANSEN
HARMON
HARTLEBEN
HASH
HASH
HAUSLADEN
HAUSLADEN
HEALY
HEIR
HERNANDEZ
HUBBARD
HUDSON
HUSEVOLD
IFFERT
JABBRA
JACKSON
JACKSON
JACOBS
JEWETT
JOHNSON
JOHNSON
Friday, August 02, 2002
LIZ
PATTI
DAVID
ELEANOR
MARTI ANN
LORI
FRANK
MARI
PAUL
JUDY
JEAN
MILDRED
ORLANDO
HERDIS
NANCY
RAY
BEA
DONNA
MARY
MARLYS
BILL
SVEIN
RICHARD
VICKIE
BETTY
JAMES
MARGE
SUSAN
LUCIA
PENNY
Page3of8
ag
LAST NAME
FIRST
JOHNSON MERIBETH
JONES MARGIE
JORGENSON DARLETTE
JUST MARY
KAEDER PATRICIA
KAHN CARRIE
KAHN JAMES
KENNEDY HELEN
KENNELLY BETTY
KILLIAN JOAN
KIVI DEANNA
KLANG SHIRLEE
KOEHLER JEANNE
KORDELL RITA
KREITZ ALICE
KRISNIK YVONNE
KRUEGER PAM
KRUEGER GARY
KULLER ABBEY
LANDGREBE CYNTHIA
LANE MARIE
LARSON SONYA A.
LAURIENZO JENNIFER
LAVICTOIRE JAMES
LAWRENCE WALTER F.
LEEAN DON
LEGLER HERB
LEGLER MARILYN
LEIBEL ARLENE
LEMAY RICHARD
Friday, August 02, 2002
Page 4 of 8
a9
LAST NAME
FIRST
LIEBENOW
LIEBENOW
LINK
LOUIS
LYNESS
MACKEY
MARCH
MARKEE
MAYERS
MAZIERSKI
MCGUIRE
MCLAUGHLIN
MEDIN
MILLER
MIRICK
MOLITOR
MUNSON
MYERS
NAMUR
NELSON
NICOLAY
NICOLAY
OHM
OLSON
OPRIS
OTTERNESS
PARSONS
PASKETT
PATNODE
PAUL
Friday, August 02, 2002
CAMERON
LUELLA
ARTHUR
CHARLEEN
DICK
BETTY
BARBARA ANN
WAYNE
AL
ROSE ANN
MARY
LAVERNE
EMILY
SHARON
ZELLA
LARANE
RUTH
CHRISTINE
NANCY
JUDITH A
RICHARD
VIRGINIA
ELDORIS
DOUGLAS
DOROTHY
EVELYN
ELINOR
JIM
JIM
PATTI
Page S of 8
30
LAST NAME FIRST
PAYETTE CONNIE
PEARSON DARLENE
PETERSON JUDY
PFEIFER CARLA
PHILLIPS CHARLEEN
PILNEY MARY
POLISTER JUNE
POPPLER PAT
PORTER MARILYN
QUASHIE GLENDA
RAMSEY BETTY
RASK PAT
REISDORFER KATHY
REISDORFER STAN
RESTAD ARLAN
REYMANN PAT
RICKE PATRICIA
RIEGER LORRAINE
ROACH ANN
ROHLAND BOB
ROSS BETTY
RUZICKA MARTIE
SAIMA JUDY
SAMSHAL HOLLY
SANDISON BETTY
SCHAUBSCHLAGER KIM
SCHMITZ PAMELA
SEKTNAN DONALD
SEVERSON JODY
SHAY SHEILA
Friday, August 02, 2002 Page 6 of 8
31
LAST NAME FIRST
SHEARON MARY
SIA JESSE
SIROTIAK ANDREW
SKLUZACEK TED
SMITH NANCY I
SORENSON SEDONIA (SID)
SQUIERS PHYLLIS
STRUBLE DAWN
SWAN NITA
SWEDEAN JOYCE
SWEDEAN DICK
TAYLOR CEYLON
TEICH JANE
THOMAS ANN
THURSTON CAROLYN
TWOMEY RUTH
UECKER KAREN
USELMANN JOAN
VANDYCK LOIS
VERPLOEG GLADYS
VIHOVDE CAROL
VIHOVDE FRED
VIMR ROSE
VOGEL BOB
VOLK MICHAEL
VOLK ARDITH
VOSSEN BETTY
WASHINGTON MARY
WEISE SHARON
WESTBROOK MAVIS
Friday, August 02, 2002
Page 7 of 8
3ZL
LAST NAME
FIRST
WILKES, SR.
WISNEW
WOLFF
WOOLLEY
WRYCZA
YOUNG
Friday, August 02, 2002
ANTHONY
FRANK
LISA
MARILYN
JULIE
CORINNE
Page8of8
33
Agenda Information Memo
August 6, 2002, Eagan City Council Meeting
1. APPROVE ORDINANCE AMENDMENT TO CITY CODE CHAPTER TWO
ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY
ADDING SECTION 2.39 REGARDING CRIMINAL BACKGROUND
INVESTIGATIONS
ACTION TO BE CONSIDERED:
To approve an ordinance amendment to City Code Chapter 2 entitled "Administration
and General Government" by adding Section 2.39 regarding criminal background
investigations.
FACTS:
• The Eagan Police Department is periodically requested by Human Resources to run
background investigation checks on applicants and volunteers for appointment to
certain City of Eagan positions.
• These background checks involve accessing data bases 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.
• The City Attorney's Office was directed at the July 2, 2002 City Council meeting to
prepare the proposed ordinance.
ATTACHMENTS:
• The proposed Ordinance Amendment is enclosed on page 3J .
3f
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT"
BY ADDING SECTION 2.39 REGARDING CRIMINAL BACKGROUND INVESTIGATIONS;
AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION
2.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Two is hereby amended by adding Sec. 2.39 to read as
follows:
Sec. 2.39 Criminal background investigations.
U n request of the City Administrator or his?her designee, the Eagan Police Department shall
be authorized to conduct criminal history background and driver's license investigations on
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
APPROVE CHANGE ORDER # 2, EAGAN WELL HOUSE NUMBER 20 /
PARK PAVILION
ACTION TO BE CONSIDERED: Approve change order number #2, Eagan Well
House #20/ Park Pavilion
FACTS:
• Specifics of this change order will be presented in a separate memorandum.
ATTACHMENTS:
None
34
Council Agenda Memo
August 6, 2002
CONSENT AGENDA
K. RESOLUTION AUTHORIZING EXECUTION OF GRANT
AGREEMENT WITH MINNESOTA DEPT. OF PUBLIC SAFETY
ACTION TO BE CONSIDERED:
To adopt a Resolution authorizing the execution of a Grant Agreement with the
Minnesota Department of Public Safety, Office of Traffic Safety for the project
entitled Safe and Sober Communities.
FACTS:
• Information regarding this item will be sent out on Monday.
ATTACHMENTS:
. A copy of the Resolution is attached as page number 139,
37
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
Be it resolved that The Eagan Police Department enter into a grant
Name of Department or Agency
agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for
the project entitled SAFE & SOBER COMMUNITIES during the period from October 1,
2002 through September 30, 2003.
Chief Therkelsen is hereby authorized to execute such agreements and amendments
(Title of Lead or Single Agency Authorized Official)
as are necessary to implement the project on behalf of The Eagan Police Department and
to be the fiscal agent and administer the grant.
I certify that the above resolution was adopted by the Eagan City Council
Executive Body
of Eagan, Minnesota on August 6, 2002.
(Name of Lead or Single Jurisdiction) (Date)
SI
(S gnature)
kAa, is
(Title)
Z16ICL
(Date)
WITNESSETH:
(Signature)
?ir>
C A,
(Title)
(Date)
2002 Minnesota Safe & Sober
Office of Traffic Safety, Department of Public Safety
G/Admin/Resolution for Safe & Sober Grants 3 ?
Agenda Information Memo
August 6, 2002
CONSENT AGENDA:
L. APPROVE Special City Council meeting on August 27, 2002 to
consider Preliminary 2003 Budget
ACTION TO BE CONSIDERED:
To approve a Special City Council meeting on August 27, 2002 to consider the 2003
preliminary budget.
FACTS:
• City Administrator Hedges has met with each of the departments to discuss the
proposed 2003 budget.
• City Administrator Hedges is providing direction to the departments regarding
adjustments to be made to the proposed 2003 budget, and budgets will be
resubmitted.
• The proposed 2003 budget will be presented to the City Council on August 27 for
the Council's preliminary consideration.
• The preliminary levy must be certified by September 15, 2002.
39
Agenda Information Memo
August 6, 2002 Eagan City Council
M. EXTENSION FOR RECORDING CONDITIONAL USE PERMIT -
WAL-MART
ACTION TO BE CONSIDERED:
To approve a 60-day extension of time to record a Conditional Use Permit for Wal-Mart for
property located at 1360 Town Centre Drive in the NW '/4 of Section 15.
FACTS:
• The City Council approved the Conditional Use Permit on June 4, 2002, and it was required
to be recorded within 60 days of approval.
• The applicant did not specify a time period for the requested extension. Staff suggests an
additional 60 days to record the CUP. The deadline for recording would then be October 4,
2002.
• Upon approving this CUP, the Council took action to revoke a previous CUP on this property
(produce stand). The City attorney drafted a revocation agreement for that purpose, and Wal-
Mart is in the process of obtaining the necessary signatures on that agreement. The
revocation agreement must be completed before this CUP can be recorded.
• A letter from the applicant is attached.
ATTACHMENTS:
Letter from Wal-Mart, page T,
416
WAL*MART
1360 Town Centre Drive
Eagan, MN 55122
July 24, 2002
Ms. Pamela Dudziak
3830 Pilot Knob Road
Eagan, MN 55122-1897
Case No. 15-CU-05-02-02 and 15-CU-15-04-97
Dear Ms. Dudziak:
I am writing to request an extension of time to allow us to acquire the proper paper work requested for the
revocation agreement for the produce stand that was issued in 1997.
Due to the circumstances beyond our control we must forward all information for signatures to our
corporate office located in Arkansas.
As you are aware of we are currently requesting a conditional use permit for our seasonal outdoor
greenhouse, and need additional time for all the proper paper work to be finalized.
If you have any questions or concerns, please do not hesitate to contact myself, or John Bollinger.
Sincerely,
?OJnn1Y? JA n Hamm,
Manager
Wal-Mart
5`/
Agenda Informational Memo
August 6, 2002, City Council Meeting
N. ADOPT FINDINGS OF FACT, CONCLUSIONS, & RESOLUTION OF DENIAL
(CORNERSTONE CONSTRUCTION)
ACTION TO BE CONSIDERED
To adopt the Findings of Fact, Conclusions & Resolution of Denial to amend the permitted use
of Lot 3, Block 2, Knob Hill Professional Park, from a one-story building to two-story building,
located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE '/4 Section of
16.
FACTS:
• At its regular meeting on July 2, 2002, the City Council directed the City Attorney to
prepare Findings of Fact and Resolution of Denial for the Planned Development
Amendment to allow a two-story, 11,577 square foot office building on the subject site to
be considered at its July 15, 2002, regular meeting.
• On July 15, 2002, the City Council approved a continuance until August 6, 2002, at the
request of the applicant, to allow for the submittal and presentation of plans for a one-
story office building.
• Subsequently, the applicant decided that it is not in their best interest to pursue a smaller
structure and would like to remove the proposal from the August 6, 2002, City Council
meeting agenda.
ATTACHMENT:
Letter from Eric Reiners dated July 26, 2002, page T3
Findings of Fact, Conclusions, & Resolution of Denial page # to
Z/ 40)
July 26, 2002
Cindy Kirchoff, Planner
City of Eagan
3830 Pilot Knob Road
Eagan, N 55122-1897
Copy: Patricia E. Awada, Mayor
Paul Bakken, City Council Member
Peggy Carlson, City Council Member
Cyndee Fields, City Council Member
Meg Tilly, City Council Member
Re: Planned Development Amendment for Lot 3. Block 2
Knob Hill Professional Park
Cvnthia:
Please allow me to begin by apologizing for the difficult path this project has taken
through pre-planning and the City approval process.
The City Council formally denied our application in the July 2, 2002 meeting for a two
story. 11.700 s.f. structure on a lot originally planned to receive a one story. 5.600 s.f.
structure. On July 15`h, we formally requested that we be allowed to return to the Council
with a revised proposal for their August 6`h meeting. Although a 5,600 s.f. structure is
not fiscally reasonable any longer, the developer considered introducing a single story.
7.520 s.f. structure to you and the City Council.
However, the property owner and developer have subsequently decided that it is not in
their best interest to pursue a smaller structure and would like to remove their project
from the Council agenda on August 6'".
Once again, I am sorry for the change of direction by the owners, and I sincerely hope
that it will not cause any disruption for the August 6"' agenda.
Please feel free to contact me with any questions.
Sincerely.
Eric A. Reiners, AIA
Vice President
Y3
BEFORE THE CITY COUNCIL
CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA
In Re: Application of Cornerstone
Construction for a Planned Development
Amendment
FINDINGS OF FACT,
CONCLUSIONS AND
RESOLUTION
This matter came before the Eagan City Council at its meeting of July 2, 2002. The
Council received and considered the June 25, 2002, Planning Report; input from City staff;
minutes of the public hearing held by the Advisory Planning Commission on June 25, 2002;
evidence from the neighboring residents, together with all existing files, records and prior
proceedings and material as presented to the Council.
Based upon all the files, records and input, which was presented at the meeting, the City
Council makes the following Findings of Fact, Conclusions and Resolution.
FINDINGS OF FACT
O'Halloran Murphy Funeral Home is the owner of Lot 3, Block 2, Knob Hill
Professional Park (the "Property").
2. The application by Cornerstone Construction (the "Applicant") for an amendment
to the Planned Development Agreement to permit the construction of a two-story, 12,512 square
foot office building on the Property (the "Project") is properly brought before the Eagan City
Council.
3. The Property is designated as O/S (Office/Service) on the Comprehensive Guide
Plan Land Use Map.
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4. To the south of the Property is a single-story dental office, to the west are single-
family dwellings, to the east is a single-story motor fuel station and commercial single story
building, and to the north are single-family dwellings.
5. The Property is currently zoned PD, Planned Development. A Planned
Development Agreement dated August 3, 1982, establishes the use of the Property for a one-
story, 5,600 square foot building.
6. The issuance of a Planned Development Amendment is governed by Section
11.40 of the Eagan City Code.
CONCLUSIONS
1. The matter is properly brought before the Eagan City Council.
2. The physical characteristics of the Property do not support the construction of a
multistory building.
3. The neighbors of the Property relied on the existing Planned Development.
4. A two-story building, more than twice the size stated under the Planned
Development Agreement, is a significant deviation to the permitted development of the Property.
5. The amendment of the Planned Development Agreement to support the Project
would not enhance the physical and aesthetic setting of the Property and would not benefit the
community at large.
6. The character of the adjacent properties would be adversely affected by the
approval of the Project.
7. The Applicant has provided no evidence or reason for the City to amend the
Planned Development Agreement.
8. The Property retains a viable use under the Planned Development Agreement.
Y5000
9. By the greater weight of the record, and the information presented, it is hereby
determined by the City Council of the City of Eagan that approval of the Project is not
warranted.
RESOLUTION
The City Council of the City of Eagan does hereby resolve that the Applicant's request
for a Planned Development Amendment to allow for a Planned Development Amendment is
hereby denied.
Dated at Eagan, Minnesota this day of , 2002.
CITY OF EAGAN
By: Patricia E. Awada
Its: Mayor
By: Maria Karels
Its: City Clerk
3
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
0. CONTRACT 02-17. CENTRAL PARKWAY & CEDAR GROVE AREA
STREETSCAPING IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the bids for Contract 02-17 (Central
Parkway & Cedar Grove Area - Streetscaping & Lighting Improvements), award the
contract to Jay Bros., Inc. for the base bid in the amount of $1,897,867.30,
WITH/WITHOUT the alternate bids No. 1 and 2, in the amounts of $18,360.00 and
$10,740.00, and authorize the Mayor and City Clerk to execute all related documents.
(Alternate bid details to be provided with the Additional Information packet.)
FACTS:
• On April 2, 2002, the City Council authorized the streetscaping improvements for the
Cedar Grove Access area (City Project No. 866), 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.
• On May 7, 2002, the City Council authorized the streetscaping improvements for
Central Parkway, from Yankee Doodle Road to Pilot Knob Road (City Project No.
813).
• Projects 866 and Project 813 have been combined under one contract (02-17) to
achieve economies of scale in the bidding process.
• On July 2, 2002, the Council approved the plans and authorized the advertisement for
solicitation of competitive bids for Contract 02-17.
• At 11:00 a.m. on August 1, formal bids were received for this project. A copy of the
bid summary is enclosed.
• Alternate bids No. I provides for the maintenance of the electrical lighting system
along Central Parkway by the Contractor for a period of 5 years after installation.
• Alternate bid No. 2 provides for the similar maintenance of the installed electrical
lighting system improvements in the Cedar Grove area.
• All bids have been reviewed for compliance with the bid specifications and accuracy
on unit price extensions and summations. The low base bid, along with the alternate
bids from Jay Bros., Inc., have been reviewed by the Engineering Division and found
to be in order for favorable Council action.
ATTACHMENTS:
• Bid Summary, page L/ 0.
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Agenda Information Memo
August 6, 2002
P. LOT 7, BLOCK 1, STONEY POINT 2NDADDITION (3626 LAKEVIEW TRAIL)
EASEMENT VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility
easements and schedule a public hearing to be held on September 3, 2002.
FACTS:
• On July 12, 2002, City staff received a petition from Mr. Ryan Ruzek, 3626 Lakeview Trail,
requesting the vacation of a portion of an existing drainage and utility easement on his
property, Lot 7, Block I Stoney Point 2"d Addition, west of Federal Drive and south of
Yankee Doodle Road in northwest Eagan.
• The easement was dedicated to the City as part of the Stoney Point 2"d Addition as part of the
standard drainage and utility easements on the common lot line with Lot 8, Block 1 Stoney
Point 2nd Addition.
• The purpose of the request is to allow the construction of a building structure over existing
swimming pool equipment on the property. The building structure is proposed to encroach on
the easement on an area approximately 2 feet wide by 16 feet long.
• Notices will be published in the legal papers and sent to all potentially affected and/or
interested private utility owners for comment prior to the scheduled public hearing.
ATTACHMENTS:
Legal Descriptions/Graphics, pages,0 through
Y?
City of Eagan
Lot 7, BIk. 1 Stoney Point 2nd Add.
Vacation Location Map
8/1/02
REGISTERED UNDER LAWS OE STATE OF MINNESOTA
7801.73td Avenue North 660.3093
Minneapolis, Minnesota 65428
6urur ors (9tr1tflult
ZAUDTKI 11CME BUILDERS
? Denotes Wood Hub Set
For 6ccavation Only
'1--Denotes Surface Drainage
aee.e
Denotes Existing Elevation
ae• a Denotes Proposed Elevation
Type of Building - Split level walkout to deck
Top of Block stairs down to ground
e7/7 .
0
Garage Floor Elevation °
871.2
Lowest Most Floor
"ISM
56/
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I?. !? Lot 7, Block 1, STONEY POINT ZND ADDITION
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Proposed drainage &
utility easement vacation 8/1/02
City of Eagan Lot 7, BIk. 1, Stoney Point 2nd Add.
DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED:
Commencing at the most southerly corner of Lot 7, Block 1, Stoney Pointe 2"d Addition,
thence northeasterly along the southeast line of said Lot 7, a distance of 79.83 feet, thence left 90
degrees a distance of 3.0 feet to the point of beginning, thence right 90 degrees a distance of 18.0
feet, thence left 90 degrees a distance of 2.0 feet, thence left 90 degrees a distance of 18.0 feet,
thence left 90 degrees a distance of 2.0 feet to the point of beginning.
Soa
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
Q. APPROVE AGREEMENT WITH LEAGUE OF MINNESOTA CITIES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM GUIDE
ACTION TO BE CONSIDERED: Approve an agreement with the League of
Minnesota Cities to prepare a guide plan to aid the City in completing requirements of the
National Pollutant Discharge Elimination System - Phase II permit and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
• Under the National Clean Water Act, the U.S. Environmental Protection Agency
(USEPA), through the Minnesota Pollution Control Agency (MPCA), conducts
oversight of the National Pollutant Discharge Elimination System (NPDES) Permit -
Phase II program.
• With the NPDES storm water program, operators of regulated small municipal storm
sewer systems (such as the City of Eagan's) require authorization to discharge storm
water pollutants (i.e. nutrients, chemicals, oil, grease) under an NPDES Phase II
permit.
• As part of the permit, the City is required to develop a storm water management
program designed to reduce the amount of these pollutants from storm water runoff
into local waterbodies. However, the requirements of the program are loosely defined
by the USEPA and the MPCA.
• The League of Minnesota Cities (LMC), through the aid of a storm water
management consultant, has solicited interest from member cities regarding
participation in the preparation of a guide plan designed to help cities complete 50%
to 65% of their permit application requirements. The guide plan will provide a
defined, consistent permit application format that is supported by the MPCA, and will
provide a cost savings to the cities choosing to participate.
• The cost of participation with the LMC agreement is $5,000 and will be the
responsibility of the City Storm Water Fund and the Water Quality Fund.
ATTACHMENTS:
• Letter of Understanding Agreement with LMC, pages5througha.
S3
145 University Avenue West. St. Paul MN 55103-2044
LMC
Phone: (651) 281-1200 (800) 925-1122
Cmoti nasota C. Fax: (651) 281-1299 TDD (651) 281-1290
Cities tiai promoting axcan
anca
July 15, 2002
Letter of Understanding
Re: NPDES Phase II Stormwater Guide Plan - Letter of Understanding
Dear Russ Matthys, City Engineer
Thank you for your city's interest in joining with other communities and the League of
Minnesota Cities (LMC) to build the NPDES Phase II Stormwater Guide Plan (Guide
Plan). The goal of the Guide Plan is to provide your city with a tool to allow it to
complete 50% - 65% of your NPDES Phase II Notice of Intent and a Storm Water
Pollution Prevention Plan using in-house resources.
Based on the significant number of cities responding to the LMC's June 7, 2002 letter,
we are moving ahead to have the LMC Board approve a contract with a consultant to
develop the Guide Plan. Due to the time sensitive nature of this project, please sign and
return one copy of this Letter of Understanding to the LMC no later than August 15,
2002. LAIC will not enter into an agreement with a consultant until it has received
sufficient written city commitments to cover the cost of the project. This Letter of
Understanding is intended to describe the scope and nature of the project.
The Guide Plan elements will include the following:
- permit application components meeting the six minimum measures
required by the USEPA and MPCA;
- a permit task check list;
- a check list for existing city programs;
- a list of acceptable Best Management Practices (BMPs);
- ordinances;
- employee training;
- educational materials & programs;
access to state and county programs, and requisite contact information;
- form letters and agreements for outside providers; and
- details and options for funding mechanisms to comply with this
regulatory program.
1.?
Estimates to develop the Guide Plan range from approximately $100,000 to $350.000.
This cost assumes that a large portion of the work plan will becoordinated by and
implemented through League staff. By approving this Letter of Understanding, your city
agrees to contribute $5,000 to help make the Guide Plan a reality.
The process for developing the Guide Plan will include the following components.
Steering Committee: The Steering Committee consists of 15 voting members, all of who
are city officials and were selected as volunteers to represent their communities. The first
meeting of the Steering Committee is July 16, 2002. The Steering Committee will make a
recommendation regarding a consultant for the project and will provide direction for the
project as it moves forward. There will be a sub-committee of the Steering Committee
that will help LMC short-list firms for interview.
Request for Qualifications / Statement of Qualification: The L.MC issued a modified
Request for Qualifications (RFQ) on July 12, 2002. The LMC targeted the RFQ to firms
that have expressed interest in the project. Additionally, the project was noticed to the
City Engineers Association of Minnesota and to the American Council of Engineering
Companies of Minnesota
Statements of Qualifications (SOQs) are not to exceed 15 pages. however, if necessary
appendix materials including resumes may be unlimited. Firms are asked to provide 10
copies that LMC can have delivered over-night to key the Steering Committee
members. Since the RFQ was mailed out on July 12, 2002, the SOQs will be due July 26,
2002, giving firms a two-week turn around.
LMC Board Action: The LMC Board will review and approve the suggested process at
their July 25, 2002 Board Meeting.
Interview / Selection of Consultants: Based on the SOQs, the sub-committee of the
Steering Committee will develop a short list (3-5 firms) of eligible engineering firms that
will be invited to make presentations during the week of August 5, 2002 to the full
Steering Committee. The Steering Committee will then make a recommendation to the
LMC Board. At its July 25 meeting, the LMC Board may choose to delegate to its
Executive Committee the authority to select and contract with the consultant.
LMC enter into contract / Deliverable October 15. 2002: On behalf of the participating
cities in the Guide Plan project, the LMC will enter into a contract with a selected
consulting firm to produce the final copywritten Guide Plan. The budget has not yet been
set, but we anticipate the cost to be about $200,000. It is anticipated the contract will be
let in early August, 2002. The Guide Plan will be due no later than October 15, 2002 and
will have a "not to exceed" clause based on the number of communities that agree to
participate in the project. In the event the project is completed and delivered for less than
.:. the estimated $5,000 per community, the LMC will make an equitable remittance to all
participating communities.
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
SS
Training / Construction of Permit Application: The Steering Committee will meet at
least two times in person with the selected consultant to review the Guide Plan's progress
and the final draft. We anticipate the Steering Committee and all participating cities will
be given weekly or bi-weekly updates prepared by LMC staff and the consulting firm.
Upon delivery of the Guide Plan, it is our expectation that the consulting firm will
provide at least two training and education opportunities to participating cities in the use
and implementation of the Guide Plan.
Ownership: The final Guide Plan will be the property of LMC, although all participating
cities will receive copies of the completed Guide Plan. LMC may provide a copy of the
completed Guide Plan to non-participating cities upon payment of an appropriate fee, as
determined by LMC. Revenue from the sale of the Guide Plan shall belong to the LMC,
to compensate it for the cost and staff time involved in coordinating this project.
The LMC Board of Directors understands the importance of using your city's resources
wisely. We support your desire to collaborate with other communities to develop the
Guide Plan. As indicated above, LMC will not enter into an agreement with a consultant
until it has received sufficient written city commitments to cover the cost of the project.
You may include your $5000 contribution with the signed Letter of Understanding or we
will invoice your city for the amount.
If you have any questions about this project or the contract, please contact Remi Stone at
(651) 281-1256 or email: rstone@lmnc.org, or Tom Grundhoefer at (651) 281-1266 or
email: tgrundho@lmnc.org.
Sincerely, VAlt.)
James F. Miller
Executive Director
Agreed to on this date by the city of
Attest:
Mayor
Clerk
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
6006
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
R. PROJECT 7648 SELMARK/ HARVEY/ BURRVIEW ACRES
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Authorize the preparation of an update to the
Feasibility Report by Bonestroo, Rosene, Anderlik and Associates for Project 764R
(Selmark/ Harvey/ Burrview Acres - Street Improvements).
FACTS:
• On May 1, 2001, the City Council held a public hearing to consider the street
improvement options for the Selmark/ Harvey/ Burrview Acres Additions
neighborhood (Project 764R), including the streets of Chapel Lane, Wren Lane, Roll
Lane, Sally Circle, Rita Court, and Random Road.
• After the public hearing, the City Council denied the project due to a large amount of
new development construction traffic in the area. The Council directed City staff to
bring the project back to the Council for consideration again in fall of 2002 after a
majority of the construction in the area was complete.
• The rehabilitation of streets within Selmark/ Harvey/ Burrview Acres Additions
neighborhood has been re-programmed for 2003 in the City's 5-Year Capital
Improvement Program (2003-2007 CIP).
• Based on the CIP schedule and the completion of a majority of new construction in
the area, it would be appropriate for the City Council to authorize the update of the
Feasibility Report by the City's consulting engineering firm Bonestroo, Rosene,
Anderlik and Associates to define the scope, cost, schedule and method of financing
the improvement of the streets and any associated utilities.
59
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
S. PROJECT 859, HIGHWAY 55/ BLUE GENTIAN ROAD
INTERSECTION IMPROVEMENTS
ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report by
SRF Consulting Group, Inc. for Project 859 (Highway 55/ Blue Gentian Road -
Intersection Improvements).
FACTS:
The intersection improvements at Highway 55 and Blue Gentian Road is programmed
for 2003 in the City's 5-Year Capital Improvement Program (2003-2007 CIP).
Based on the CIP schedule, it would be appropriate for the City Council to authorize
the preparation of a Feasibility Report by the City's transportation consulting firm of
SRF Consulting Group, Inc. to define the scope, cost, schedule and method of
financing the intersection improvements.
soff
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
T. PROJECT 860, HIGHWAY 55/ BLUE WATER ROAD
INTERSECTION IMPROVEMENTS
ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report by
SRF Consulting Group, Inc. for Project 860 (Highway 55/ Blue Water Road -
Intersection Improvements).
FACTS:
The intersection improvements at Highway 55 and Blue Water Road is programmed
for 2003 in the City's 5-Year Capital Improvement Program (2003-2007 CIP).
Based on the CIP schedule, it would be appropriate for the City Council to authorize
the preparation of a Feasibility Report by the City's transportation consulting firm of
SRF Consulting Group, Inc. to define the scope, cost, schedule and method of
financing the intersection improvements.
sq
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
U. PROJECT 875, LEXINGTON PLACE AND LEXINGTON PLACE SOUTH
ADDITIONS - STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report for
Project 875 (Lexington Place & Lexington Place South Additions - Street Improvements)
by the City Engineer.
FACTS:
• The rehabilitation of streets within the Lexington Place and Lexington Place South
Additions is programmed in the City's 5-Year Capital Improvement Program (2003-
2007 CIP).
• The streets within the Lexington Place and Lexington Place South Additions slated
for improvement include Blue Jay Way, Blue Jay Court, Duckwood Drive, Falcon
Way, Canary Way, and Cardinal Way.
• Based on the CIP schedule, it would be appropriate for the City Council to authorize
the preparation of a Feasibility Report by the City Engineer to define the scope, cost,
schedule and method of financing the improvement of the streets and any associated
utilities.
60
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
V. PROJECT 876, DREXEL HEIGHTS ADDITION
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report for
Project 876 (Drexel Heights Addition - Street Improvements) by the City Engineer.
FACTS:
The rehabilitation of streets within the Drexel Heights Addition is programmed in the
City's 5-Year Capital Improvement Program (2003-2007 CIP).
The streets within the Drexel Heights Addition slated for improvement include Drexel
Court, Dresden Court and Dresden Way.
Based on the CIP schedule, it would be appropriate for the City Council to authorize
the preparation of a Feasibility Report by the City Engineer to define the scope, cost,
schedule and method of financing the improvement of the streets and any associated
utilities.
E?
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
W. PROJECT 877, LEXINGTON AVENUE (HWY. 55 TO LONE OAK ROAD)
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report for
Project 877 (Lexington Avenue - Hwy. 55 to Lone Oak Road - Street Improvements) by
the City Engineer.
FACTS:
• The rehabilitation of Lexington Avenue from Highway 55 to Lone Oak Road is
programmed for 2003 in both Dakota County's and the City's 5-Year Capital
Improvement Programs (2003-2007 CIP). The planned improvements include
bituminous street resurfacing and striping modifications.
• Based on both CIP schedules, it would be appropriate for the City Council to
authorize the preparation of a Feasibility Report by the City Engineer to define the
scope, cost, schedule and method of financing the street improvements.
p
Agenda Information Memo
August 6. 2002
X. CONTRACT 01-09A. CITY-WIDE LIFT STATION UPGRADES
STORM MITIGATION IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. I to Contract 01-09A (City-
Wide Lift Station Upgrades - Storm Mitigation Improvements) and authorize the Mayor and
City Clerk to execute all related documents.
FACTS:
• Contract 01-09A provides for the relocation of the electrical control panels at six storm sewer
lift stations within the City, as well as the raising of four access hatches and associated
grading. Two new outlet skimmer structures were also constructed.
• The revisions detailed in the change order address omissions from the plans and
specifications, rehabilitation of the access drives to some of the stations, security issues and
concerns from adjacent property owners.
• Additional bracing was required on the interior ladder for the wet well at Carlson Lake.
Landscaping improvements have also been requested by the adjacent property owners to
mitigate their aesthetic concerns.
• Significant changes at the Oak Chase Lift Station have been requested by the adjacent
property owners to address aesthetic and access concerns.
• Grade revisions to the access drive for the Thomas Lane Lift Station impacted the elevation
of the sanitary sewer manhole next to the drive requiring the reconstruction of the manhole.
• An overlay of the existing access drive to the Oak Cliff Lift Station due to the deterioration
of the existing driveway was needed. Landscaping improvements have also been requested
by the adjacent property owners to mitigate their aesthetic concerns.
• Placement of riprap adjacent to the Holland Lake Lift Station was needed to prevent soil
erosion with the fluctuation of the water level in addition to the expansion of the paved area.
• Access through new security fencing, reconstruction of the damaged access drive and riprap
to prevent soil erosion with the fluctuation of the pond level were all needed at the Hurley
Lake Lift Station.
• The cost of the work is consistent with bid prices for relevant bid items on this and other
projects within the city.
• This change order has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
• The change order provides for an additional cost of $58,195.40 (14.35% of original contract).
The associated cost will be the responsibility of the City's Storm Sewer Fund.
ATTACHMENTS:
• Change Order No. 1, pages through
63
CITY OF EAGAN
CHANGE ORDER
CONTRACT # 01-09A
PROJECT #: 810
CHANGE ORDER #:
DATE: July 29, 2002
PROJECT NAME: Storm Sewer Lift Station Rehabilitation
PROJECT DESCRIPTION: This project consists of vertically extending existing storm sewer lift
stations at Carlson Lake, Oak Chase, Thomas Lane and Oak Cliff
and modifications to the electrical controls. At Holland Lake and
Hurley Lake a 10' square precast concrete skimmer structure was
placed.
CONTRACTOR: S.M. Hentges and Sons, Inc.
650 Quaker Avenue
P.O. Box 69
ENGINEER: Short Elliott Hendrickson Inc.
10901 Red Circle Drive, Suite 200
Jordan, MN 55352 Minnetonka, MN 55343
DESCRIPTION OF CHANGE ORDER WORK:
Part 1: Carlson Lake
Item 1. Fabrication and installation of an extra brace for guide rails at Carlson Lake Lift Station.
Item 2. Furnishing and placement of additional sod.
Item 3. Removal of extra tree/grind stump.
Part 2: Oak Chase
Item 1. Removal of modular block retaining wall, removal and disposal of 4.3' concrete
riser section and furnishing of one (1) 18" concrete riser section (wet well).
Item 2. Removal of 13 additional trees, including stumps, required for driveway
construction.
Item 3. Removal of existing bituminous driveway, grading for new driveway location,
removal and replacement of concrete curb and gutter on Wilderness Run for
driveway opening and relocation of concrete slab for control panel to east side of
driveway.
Item 4. Additional bituminous for new driveway.
Item 5. Modification of electrical for relocation of control panel and temporary
emergency electrical service.
Item 6. Placement of additional topsoil.
Item 7. Furnishing and placement of additional sod.
Item 8. Furnishing and installation of topsoil borrow.
Part 3: Thomas Lane
Item 1. Construction of 11.0 L.F. of manhole reconstruction.
Part 4:Oak Cliff
Item 1. Furnishing and installation of additional bituminous 1 1/2" overlay for driveway
into site.
Item 2. Placement of additional topsoil.
Item 3. Furnishing and placement of additional sod.
Item 4. Placement of additional Class V along wall extension, equipment only.
Item 5. Furnish and install 78 linear feet of 12" PVC drainage pipe including fittings and
end sections.
6Y
Part 5: Holland Lake
Item 1. Furnished and installed Class III riprap.
Item 2. Furnished and installed bituminous overlay of existing bituminous driveway and
repaired bituminous area removed during construction.
Part 6: Hurley Lake
Item 1. Salvaged and reinstalled existing chain link fence. Included the furnishing and
installation of 25 linear feet of new fencing and one 16-foot double swing gate.
Item 2. Restoration of access road between townhomes (access to Hurley Lift Station).
Item 3. Furnished and installed Class III riprap.
Item 4. Furnishing and placement of bituminous pavement at driveway to existing
townhomes.
Item 5. Furnishing and placement of sod.
JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER:
Part 1: Carlson Lake
Item 1. Provides for necessary additional bracing on the interior ladder section of the wet well.
This is an item that was inadvertently omitted on the original design detail and
specification for the ladder modifications.
Items 2. & 3.
Are a direct result of numerous meetings and negotiations with the property owners to
mitigate the visual change the lift station modifications had on the surrounding
neighborhoods.
Part 2: Oak Chase
Item 1. Modifies the design elevation of the lift station wet well after concerns were expressed
by the adjacent property owners.
Items 2., 3., & 4.
Modify the driveway access location to the lift station site. The adjacent property
owners which had allowed access to the lift station site by city maintenance personnel
via their driveway to their property changed their mind and would not allow this access
to continue. As a result, a new driveway was constructed across city park property from
Wilderness Run Road.
Item 5. Was necessary to provide temporary power to the lift station to accommodate the
changes in location of the control panel from what was originally shown in the design.
The old control panel needed to be hooked up temporarily while modifications were
made to the wet well section as well as a new concrete panel poured for the control
panel. The adjacent property owners requested the change in location of the control
panel.
Items 6., 7., & 8.
Were agreed upon during negotiations with the adjacent property owners.
Part 3: Thomas Lane
Item 1. Provides for the reconstruction of the sanitary sewer manholes due to road grade
revisions located adjacent to the entrance road to the lift station site. This bid item was
inadvertently omitted from the original contract bid documents.
Part 4: Oak Cliff
Item 1. Provides for a 1-1/2" overlay of the existing entrance drive to the lift station. The
existing drive was originally designed and constructed as a 1-1/2" bituminous section
and had deteriorated and was in poor condition prior to construction. The additional
bituminous section is needed to accommodate city maintenance equipment.
Items 2., 3., 4., & 5.
Relate to improvements agreed upon during negotiations with the adjacent property
owners to mitigate the visual change the lift station modifications had on the
surrounding neighborhoods.
6S
Part 5: Holland Lake
Item 1. Provides for the placement of riprap between the normal water level and the high water
level of the pond in the area between the outlet control structure and the lift station.
This area is subject to soil erosion due to the bounce in the water levels of the pond.
Item 2. Provides for additional paving adjacent to the lift station. The original design was to
leave the existing pavement undisturbed. Once the outlet structure was constructed, the
additional pavement area was necessary to facilitate efficient maintenance operations
and would provide a paved area of sufficient size to accommodate city maintenance
equipment.
Part 6: Hurley Lake
Item 1. The existing chain link fence and gate needed to be removed for construction access into
the area. Also, an additional new gate and fencing was required for securing the site and
access to the skimmer structure itself.
This additional fencing work was needed due to the unwillingness of the property owner
to grant a temporary access easement across his property.
Items 2., 4., & 5.
The driveway access through the townhome site had to be completely reconstructed due
to the mild winter and lack of frost and also the sub-standard street design for the
construction usage of heavy loads and equipment.
Item 3. Provides for the installation of riprap material between the normal water level and the
high water level of the pond between the control structure and the lift station, which is
subject to soil erosion.
DESCRIPTION OF WORK ITEMS:
Part 1: Carlson Park
Contract
Item # Description Unit Quantity Unit Price Quantity Amount
1. F&I Extra Brace for
Carlson Lake Lift Station
Guide Rails LS 1 $1,305.00 1 $1,305.00
2. Furnish & Place Additional
Sod SY 52 $9.00 52 $468.00
3. Remove Extra Tree/Grind
Stump EA 1 $858.00 1 $858.00
Total Part 1 $2,631.00
Part 2: Oak Chase
Contract
Item # Description Unit, Quantity Unit Price Quantity Amount
1. Removal of Modular Block
Retaining Wall/Removal
and Disposal of 4.3'
Wetwell Barrel Section/F&I
1.5' Riser LS 1 $3,100.40 1 $3,100.40
2. Removal of 13 Trees and
Stumps LS 1 $1,188.00 1 $1,188.00
3. Remove Bit. Driveway and
Concrete Curb and Gutter
for new Driveway
Grade new Driveway
Location
Relocate Concrete
Control Panel Slab LS 1 $7,867.00 1 $7,867.00
4. Additional Bituminous for
Driveway TON 22 $65.00 22 $1,430.00
66
S. Electrical Modifications
and Temporary Services LS 1 $924.00 1 $924.00
6. Placement of Additional
Topsoil (on-site material) CY 5 $9.00 5 $45.00
7. F&I Additional Sod SY 189 $9.00 189 $1,701.00
8. F&I Topsoil Borrow LS 1 $692.50 1 $692.50
Total Part 2 $16,947.90
Part 3: Thomas Lane
Contract
Item # Description Unit Quantity Unit Price Quantity Amount
1. Construct Manhole
Extensions LF 11 $240.69 11.0 $2,647.59
Total Part 3 $2,647.59
Part 4: Oak Cliff
Contract
Item # Description Unit Quantity Unit Price Quantity Amount
1. F&I Additional Bituminous TON 7.0 $65.00 7.0 $455.00
2. Placement of Additional
Topsoil CY 283.0 $9.00 283.0 $2,547.00
3. F&I Additional Sod SY 482.0 $9.00 482.0 $4,338.00
4. Placement of CL V -
Equipment Only LS 1 $150.00 1 $150.00
5. F&I 12" PVC Drainage
Pipe and Fittings LS 1 $936.44 1 $936.44
Total Part 4 $8,426.44
Part 5: Holland Lake
Contract
Item # Description Unit Quantity Unit Price Quantity Amount
1. F&I Class III Riprap TON 76.48 $50.00 76.48 $3,824.00
2. F&I Bituminous TON 49.33 $65.00 49.33 3,206.45
Total Part 5 $7,030.45
Part 6: Hurley Lake
Contract
Item # Description Unit Quantity Unit Price Quantity Amount
1. Salvage and reinstall
Fencing F&I New Fence
and Gate LS 1 $6,475.00 1 $6,475.00
2. Restore Access Road LS 1 $3,256.02 1 $3,256.02
3. F&I Additional Class III
Riprap TON 92.56 $50.00 92.56 $4,628.00
4. F&I Bituminous TON 66.0 $65.00 66.0 $4,290.00
5. F&I Additional Sod SY 207.0 $9.00 207.0 $1,863.00
Total Part 6 $20,512.02
Total Part 1 $2,631.00
Total Part 2 $16,947.90
Total Part 3 $2,647.59
Total Part 4 $8,426.44
Total Part 5 $7,030.45
Total Part 6 $20,512.02
Total Change Order No. 1 $58,195.40
4
?
CONTRACT STATUS
TIME/COMPLETION DATE
Original Contract: March 15, 2002
Change Order: No Change/March 15, 2002
Subtotal of Previous Change Orders:
This Change Order:
New Subtotal of All Change Orders:
Revise Contract:
Percent Increase or Decrease for this Change Order to
Original Contract Amount: 14.35%
Percent Increase or Decrease for Total of All Change Orders
to Original Contract Amount: 14.35%
EDJQR APPROVAL:
By: Zt "Z
X71 Projec anager
By: K-? e- /- OZ
City Departm t Manager
City of Eagan Council Action:
Mayor:
Clerk:
Date:
DISTRIBUTION
1 -City
2 - Contractor
1 - Engineer
H:\CIVIL\Projects\Eagan\eagan0102\CO l .doc
AMOUNT
$405,516.20
$58,195.40
$0
$58,195.40
$58,195.40
$463,711.60
By:
Contractor
Date: 31 ._0"2,-
6?
Agenda Information Memo
August 6, 2002
Y. CONTRACT 01-12, JULY 2000
STORM MITIGATION IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order Nos. 2 and 3 to Contract 01-12
(July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute
all related documents.
FACTS:
• Contract 01-12 provides for storm water drainage system mitigation improvements in a
portion of the various areas affected by the July 2000 Super Storm, including Cedar Grove
(Project No. 815), Woodgate Lane (Project 820) and Palisade Circle (Project 826).
• On April 26, 2001, the City Council approved storm mitigation improvements for the Cedar
Grove area (Project No. 815), including the installation of a new storm sewer pipe from the
intersection of Diffley Road and Rahn Road to Cedar Pond, as outlined and discussed in the
Preliminary Design Report (April 2001).
• Change order No. 2 to Contract 01-12 provides for the revision of this storm sewer system,
including a change from a 60-inch diameter to a dual 36-inch storm sewer piping system, to
avoid conflict with an existing high-pressure gas main within Diffley Road.
• Change order No. 3 provides for the construction and relocation of storm sewer piping away
from a sensitive area of the Nicols fen, located along Nicols Road north of the Union Pacific
Railroad tracks. This diversion of storm water away from the fen is a permit requirement of
the Department of Natural Resources to allow the construction of the storm sewer pipe on
Diffley Road into Cedar Pond, as Cedar Pond eventually outlets to the fen area through the
storm sewer pipe proposed to be relocated.
• The cost of the work for both change orders is consistent with bid prices for relevant bid
items on this and other projects within the city.
• These change orders have been reviewed by the Engineering Division and found to be in
order for favorable Council action.
• Change order No. 2 provides for an additional cost of $11,433 (0.01% of original contract).
The associated cost will be the responsibility of the City's Storm Sewer Fund.
• Change order No. 3 provides for an additional cost of $76,050 (0.05% of original contract).
The associated cost will be the responsibility of the City's Storm Sewer Fund.
ATTACHMENTS:
• Change Order No. 2, pages 20- through
• Change Order No. 3, pages __U through
69
1; c tvaeooan
CHANGE ORDER NO. 2
CLIENT PROJECT NO. 815
CLIENT CONTRACT NO. 01-12
BRA FILE NO. 49-00-109
PROJECT DESCRIPTION
JULY 2000 STORM SEWER IMPROVEMENTS
Barbarossa & Sons Inc.
11000 93rd Ave. N.
P. O. Box 367
Osseo. MN 55369
Date: July 25. 2002
Engineer: Bonestroo. Rosene. Anderlik
& Associates. Inc.
2336 West Highway 36
St Paul, MN 55 113
DESCRIPTION OF CHANGE ORDER WORK:
Cedar Pond (AP-3yDiffley Road (Project No. 815): revise storm sewer between Diffley Road and Pond AP-3 from 60• RCP to
parallel 36- RCP arch storm sewers to avoid and go under existing Enron gas main. The summary of these costs are shown
below.
JUSTIFICATION FOR / PURPOSE OF CHANGE ORDER
A design change was made to avoid an existing Enron gas main.
Contract Unit Total
No. Item Unit Quantity Price Amount
CHANGE ORDER NO. 2, Cedar Pond (AP-3yDilltey Road Project No. 815 (Deduct)
i Remoce storm sewer pipe LF 100 ($10.00) 31.000.00)
2 Connect to existing storm sewer EA 1 i $600.00) ($600.00)
3 60" storm sewer. 8' - 10' deep LF .10 ($180.00) (S7.200.00)
1 60" RCP flared end section. incl trash guard EA 1 (51.100.00) (51.100.00!
5 Class IV' random riprap CY 70 (575.00. i S5.250.00,
6 60" LR bend EA 7 151.550.00 510.850.00)
Total CHANGE ORDER NO. 2, Cedar Pond (AP-3)Diffley Road Project No. 815 (Deduct) 529.000.00
CHANGE ORDER NO. 2. Cedar Pond (AP-3)/Diffley Road Project No. 815 (Add)
7 36" storm sewer, 0'- 8' deep LF 51 586.00 51.611.00
8 36" storm sewer, 8'- 10' deep LF 60 $87.00 $5220.00
9 36" RCP arch storm sewer, 10'- 12' deep LF 76 S174.00 $13,221.00
10 5' diameter storm sewer MH EA 2 $2,200.00 $1,100.00
11 5' diameter structure overdepth LF 8 $160.00 51.280.00
12 10' diameter structure overdepth LF 4 5610.00 52.560.00
13 36" RCP flared end section. incl trash guard EA 2 5..100.00 $1.200.00
14 Class l1I random riprap CY 60 $80.00 31.800.00
15 Structure marker sign EA 3 $35.00 $105.00
Total CHANGE ORDER NO. 2, Cedar Pond (AP.3WDil ley Road Project No. 815 (Add) $40,433.00
Total CHANGE ORDER NO. 2. Cedar Pond (AP-3)/Diflley Road Project No. 815 (Deduct) 529.000.00)
Total CHANGE ORDER NO. 2, Cedar Pond (AP-3)/Diffley Road Project No. 815 (Add) 510.133 00
Total CILLNGE ORDER NO. 2 $11,433.00
4QW10QC'H0:!-%Ls 96
CONTRACT STATUS
Orinnal Contract:
Change Order:
Subtotal of Previous Change Orders:
This Change Order:
New Subtotal of all Change Orders:
Revise Contract:
Percent Increase or Decrease for this Change Order
to Original Contract Amount:
Percent Increase or Decrease for total of all Change
Orders to Original Contract Amount:
RECOMMENDED FOR APPROV L
By: Date:
TIMEICOMPLETION DATE
0.01 %
0.11 %
2?JZ.
Nanager
By:
Cinv Department Manager
Date: 6/z/oZ
City of Eagan Council Action:
.flavor:
Clerk:
Approval Date:
Distribution
cc: I - City
2 - Contractor
1 - Engineer
I - Bonding Company
AMOUNT
$1,687,305.50
$11,433.00
$175,989.00
$11,433.00
$187,422.00
$1,874,727.50
4900109CH02.xls I I
•rs,
city of Qagcm
CHANGE ORDER NO. 3
CLIENT PROJECT NO. 815
CLIENT CONTRACT NO. 01-12
BRA FILE NO. 49-00-109
PROJECT DESCRIPTION
JULY 2000 STORM SEWER IMPROVEMENTS
Barbarossa & Sons Inc.
11000 93rd Ave. N.
P. O. Box 367
Osseo. NIN. 55369
Date: Jul% 14.2t)02
Engineer: Bonestroo, Rosene. Anderlik
& Associates, Inc.
2336 West Highway 36
St Paul, KN 55113
DESCRIPTION OF CHANGE ORDER WORK
This Change Order provides for the Nichols Fen work. This work was required for DNR permitting for the other July 2000 mitigation
improvements. The prices given have been reviewed and are consistent with historic prices.
JUSTIFICATION FOR / PURPOSE OF CHANGE ORDER
The CNR required this work because of the current City's outflow that eroded away the natural fen. This work will move the location
of the City's outflow to an area where it will not disturb the natural fen.
Contract Unit Total
No. Item Unit Quantity Price Amount
CI-LANGE ORDER NO. 3
1 Mobilization LS 1 52.950.00 $2,950.00
2 Traffic control LS 1 $200.00 $200.00
3 Clear and grub LS I 51,200.00 $1,200.00
4 Connect to existing storm manhole EA I 51.000.00 51.000.00
5 42" Storm Sewer. 0' - 8' deep LF 255 S94.00 $23,970.00
6 42" Storm Sewer. 8' - 10' deep LF 60 595.00 55,700.00
7 42" Storm Sewer, 10'- 12' deep LF 200 S96.00 S19,200.00
8 Impro%cd pipe foundation LF 550 52.50 51.375.00
9 42" LR Bend EA 5 $870.00 51.350.00
10 42" FES w trash guard EA I $2,200.00 $2,200.00
11 6' diameter storm sewer MH EA I $2,700.00 52.700.00
12 Class III random riprap CY 30 580.00 $2.400.00
13 Common borrow (CV) CY 150 55.00 $750.00
14 Grade open channel LS I $2,000.00 $2,000.00
15 Verify elevation of existing 42" siphon EA 1 $1,500.00 $1,500.00
16 Structure Sign Marker EA 3 S50.00 5150.00
17 Salvage and reinstall wildlife sign EA 3 S50.00 S150.00
18 Silt fence. regular LF 70 S5.00 5350.00
19 Seeding, w %InDOT seed mixture Type 28A (modified 28B) AC 0.63 53.5110.00 52.205.00
20 Topsoil borrow (LV) CY 170 Sl0.O0 $1,700.00
Total CHANGE ORDER NO. 3: $76,050.00
,90010 t..i03
1? 61
(t,\Itt t ri arts
Ortnual Contract
Change Order
Subtotal of Prey ious Change Orders:
This Change Order-
Ne%? Subtotal of all Change Orders:
Re%ise Contract:
Percent Increase or Decrease for this Change Order
to Original Contract Amount:
Percent Increase or Decrease for total of all Change
Orders to Original Contract Amount:
RECOMMENDED FOR APPROVAL
rI%IE,('OUPLETION D.' rE
0.05 %
0.16%
Q2
Date: S,
City ofEagan Council Action
Manor
Clerk.
.4aproval Date:
Distribution
cc I - Or%
2 - Contractor
I - Engineer
I - Bonding Compam
+•)-;UtvF,CH0;
OIOI %T
S I.687.3O5.50
576,050.00
S 187.422.00
576.050.00
5263.472.00
S 1.950.777.50
?` Date: ?? ,C L
q a
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
Z. CONTRACT 02-15A, COMMUNITY CENTER
(? 6. 1014 >
city of eagan
CONTRACT #: 02-15A CHANGE ORDER #:
PROJECT #: 803 DATE: 7-25-02
PROJECT NAME: Community Center Storm Sewer
PROJECT DESCRIPTION
Storm sewer construction on the Eagan Community Center site.
CONTRACTOR: Nova-Frost ENGINEER: Ci of Eagan
2347 Commerce Drive, P.O. Box 516 3830 Pilot Knob Road
Hastings MN 55033 Eagan MN 55122
DESCRIPTION OF CHANGE ORDER WORK:
1. Furnish and install new top slab for an existing C.B. M.H.
2. Furnish and install 3 new catch basin castings.
JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER:
1. An existing storm sewer MH top slab needed to be changed from a 27" round hole to a 2'x3' opening due to parking lot
layout revisions.
2. 3 new castings were furnished and installed under this contract to previously constructed C.B.'s.
* Unit prices were negotiated by City staff.
DESCRIPTION OF WORK ITEMS:
ITEM I UNIT I QTY I URITt I DD LL ?R
Furnish and install 4' diameter top slab. EA 1 $500.00 S 500.00
Furnish and install C.B. castings EA 3 $400.00 $1,200.00
95000
CONTRACT STATUS
Original Contract:
Change Order:
TIME/COMPLETION DATE
July 5. 2002
July 5, 2002
Subtotal of Previous Change Orders:
This Change Order:
New Subtotal of All Change Orders:
Revise Contract:
Percent Increase or Decrease for this Change Order
to Original Contract Amount:
Percent Increase or Decrease for Total of All
Change Orders to Original Contract Amount:
RECOMMENDED FOR APPROVAL:
By:
Project M ger
By: ?---- 7 -3o-oZ
City Departme Manager
City of Eagan Council Action:
Mayor:
Clerk:
Date:
DISTRIBUTION
I -City
2 - Contractor
G :CHANGE ORDERS/02-15B #I Community Center Storm Sewer
2.5%
2.5%
AMOUNT
$66,955.00
$ 1,700.00
1 -0-
$ 1,700.00
$ 1,700.00
$68,655.00
By:
Contractor
Date: 3 Z-
V ix
'I6
Agenda Information Memo
August 6, 2002
AA. LOT 9, BLOCK 1, LEXINGTON POINTE ADDITION (961 CURRY TRAIL)
EASEMENT VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility
easements and schedule a public hearing to be held on September 3, 2002.
FACTS:
• On July 22, 2002, City staff received a petition from Mr. Mark Engel, 961 Curry Trail,
requesting the vacation of a portion of an existing drainage and utility easement on his
property, Lot 9, Block 1 Lexington Pointe Addition, east of Lexington Avenue and south of
Diffley Road in east-central Eagan.
• The easement was dedicated to the City as part of the Lexington Addition as part of the 10-
foot wide drainage and utility easement on Lot 9 at the common rear lot line.
• The purpose of the request is to allow the construction of a detached garage structure over 5
feet of the 10-foot wide easement. The structure is proposed to be built in accordance with
City setback requirements.
• Notices will be published in the legal papers and sent to all potentially affected and/or
interested private utility owners for comment prior to the scheduled public hearing.
ATTACHMENTS:
• Legal Descriptions/Graphics, pages through
9?
??S
961 Curry Trail, Lexington Pointe
8/l/02
Vacation Location Map
City of Eagan
LEGAL
DESCRIPTION: LOT 9 , BLOCK I , LEXINGTON POINTE JACCORDING TO THE RECORDED PLAT
THEREOF DAKOTA COUNTY,MINNESOTi
SCALE: 111= 30' A
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3 I ,IUm1Yl1 CURRttRALL
Proposed drainage &
utility easement vacation 8/1/02
City of Eagan Lot 9, BIk. 1, Lexington Pointe
DRAINAGE & UTILITY EASEMENT TO BE VACATED
The East 5.0 feet of the West 10.0 feet of Lot 9, Block 1, Lexington Pointe, Dakota County,
excepting the north 5.0 feet and the south 5.0 feet of said Lot 9.
go
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
BB. APPROVAL OF BCBSM FINAL AUAR AND MITIGATION PLAN
FOR DISTRIBUTION - CITY OF EAGAN
ACTION TO BE CONSIDERED:
Approve the distribution of the BCBSM Final AUAR and Mitigation Plan.
FACTS:
? The City Council directed the preparation of the Alternate Urban Area-wide
Review by resolution on October 2, 2001.
? The City Council directed the Draft AUAR be distributed for comment on April
16, 2002. The comment period concluded on May 29, 2002. Senior Planner
Ridley received comments from the DNR, Metropolitan Council, Dakota County
and the Dakota County Soil and Water Conservation District. Staff has worked
with the City's consultant, SRF, to prepare responses to the comments submitted.
? Following distribution of the Final AUAR and Mitigation Plan, a 10-day agency
objection period is required and (assuming no objection) the City Council will
then adopt the Final AUAR and Mitigation Plan, and notice of the adoption and
completion of the AUAR process will then published in the EQB Monitor.
? The City will be required to update the AUAR if substantial changes occur with
the development plan and, in any case, the City must update the AUAR five years
following adoption.
? Comments received and corresponding responses are available upon request in the
City of Eagan Community Development Department.
ATTACHMENTS: (1)
SRF summary memorandum on page and 2Z
S/
01 CONSULTING GROUP, INC.
Transportation • Civil • Structural • Environmental ¦ Planning • Traffic • Landscape Architecture • Parking
MEMORANDUM
TO: Mike Ridley, Senior Planner
City of Eagan
FROM: Nancy Frick-0
Senior Environmental Planner
DATE: August 2, 2002
SUBJECT: BLUE CROSS BLUE SHIELD FINAL AUAR AND MITIGATION PLAN
SRF No. 0014280
The Final Alternative Urban Areawide Review (AUAR) and Mitigation Plan for the Blue Cross
Blue Shield Main Campus Expansion is scheduled for approval for distribution by the Eagan
City Council August 6, 2002. Appendix F to the Final AUAR includes comment letters from the
Minnesota Department of Natural Resources (MnDNR), the Metropolitan Council, Dakota
County, and the Dakota County Soil and Water Conservation District (SWCD), as well as the
City's responses to these comments.
The attached memo, dated Apri l 11, 2002, provided an overview of the project, traffic issues, and
other environmental issues prior to City Council release of the Draft AUAR. The Final AUAR
includes a small number of revisions to provide additional information, as follows:
• A Metropolitan Council construction permit for wastewater disposal connection is among the
required project approvals.
• The City will continue to work with the developer through the process for Final Planned
Development approval for each phase of the development to encourage conservation-oriented
site and building design, as appropriate.
• If Yankee Doodle Road is not reconstructed to six lanes before 2015, westbound dual-left
turns at the Coachman Road/Yankee Doodle Road intersection will be needed for the
intersection to operate at an acceptable level of service. The City will monitor traffic
following development of each phase of the campus expansion and update the traffic analysis
as necessary in advance of any improvements to the Coachman Road/Yankee Doodle Road
intersection.
• Appropriate waste management plans will be developed and implemented based upon future
investigation of the demolition dumpsite located in the northwest portion of development site.
The City will require that the investigation and follow-up actions be coordinated with the
Dakota County Environmental Management Department to ensure compliance with County
ordinances.
One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443
Telephone (763) 475-0010 ¦ Fax (763) 475-2429 ¦ http://www.srfconsulting.com
0 ?rnity Employer
An Equal r
Mike Ridley
-2- August 2, 2002
• Perched groundwater, which may exist in the vicinity of the AUAR study area, and the
shallow unconsolidated formation aquifer, present in the vicinity, are impacted by releases of
contaminants originating beyond the limits of the site. Soil borings will be taken in advance of
development of the AUAR study area. Where it is determined that construction will
encounter the groundwater table, groundwater will be tested for contamination and plans will
be developed and implemented to ensure proper handling and treatment of identified
contaminated groundwater during construction, in compliance with State and County
ordinances.
• The City will provide information to developers regarding the potential availability of cost-
share funds from the Dakota County SWCD for the design and installation of low-impact
development practices.
A figure illustrating existing slope gradients on site has also been added to the Final AUAR.
Next Steps
• City distributes the Final AUAR and Mitigation Plan.
• Following 10-day agency objection period (and assuming no objection), City Council adopts
the Final AUAR and Mitigation Plan.
• EQB publishes a notice of adoption and completion of AUAR process in the EQB Monitor.
• City updates AUAR if substantial changes in development plan or other new information;
AUAR must be updated five years following adoption.
NCF/smf
Attachment
F3
99 CONSULTING GROUP, INC.
Transportation • Civil • Structural • Environmental • Planning • Traffic • Landscape Architecture • Parking
SRF No. 0014280
MEMORANDUM
TO: Mike Ridley, Senior Planner
City of Eagan
FROM: Nancy Frick 1%
Senior Environmental Planner
DATE: April 11, 2002
SUBJECT: BLUE CROSS BLUE SHIELD AUAR OVERVIEW
The Draft Alternative Urban Areawide Review (AUAR) for the Blue Cross Blue Shield (BCBS)
Main Campus Expansion is scheduled for approval for distribution by the Eagan City
Council April 16, 2002. This memo summarizes the key points presented in the AUAR,
including the traffic analysis and recommendations that were reviewed by the City Council at its
March 19, 2002 meeting.
Blue Cross Blue Shield (BCBS) Development Site
• 162-acre site; 88 acres is wooded and undeveloped.
• Existing BCBS Headquarters Building: 370,000 square feet, plus surface parking.
• Existing Delta Dental Building: 64,000 square feet, plus surface parking.
• Adjacent to Yankee Doodle Road (north), TH 13 (west), Blackhawk Road and Ashbury Road
(south), and the City's North Water Treatment Plant and Central Maintenance Facility (east).
Development Scenario And Phasing (attached figure)
• Phase I - 2004: 210,000 sq. ft. - BCBS West Campus, Building C
60,000 sq. ft. - South Campus, Delta Dental Addition
270,000 sq. ft. total office
331 residential units*
• Phase II - 2010: 210,000 sq. ft. - BCBS West Campus, Buildings Bland B2
• Phase 111 2015: 420, 000 sq. ft. - BCBS East Campus, Buildings Al and A2
30,000 sq_ ft. - West Campus, Community Center and Daycare
450,000 sq. ft. total office
*Worst-case. Proposed Guide Plan amendment reduces allowable residential.
One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443
Telephone (763) 475-0010 ¦ Fax (763) 475-2429 ¦ http://www.srfconsulting.com
An Equal P"t nity Eniploicr
BCBS AUAR Overview - 2 - April It, 2002
• Roadways:
reconfiguration of Blue Cross Road to function as a visitor drive only without through
access in the central part of the campus.
- construction of a Campus Road which, together with the western segment of Ashbury
Road, will provide access to buildings and parking areas in the south and east campus
areas and carry through trips between Blackhawk Road and Yankee Doodle Road
currently served by Blue Cross Road.
- reconfiguration of Ashbury Road east of the office development to tee into the new
Campus Road.
- construction of an east-west roadway connecting the Campus Road with Coachman
Road in the northeast portion of the site.
- extension of Birch Pond Road to serve the proposed residential development.
Traffic Issues
• Analysis assumes reconstruction of Yankee Doodle Road to six-lanes by Dakota County
in 2005, as programmed.
• All intersections surrounding the AUAR study area operate at an acceptable level of service
(LOS) D or better in 2001 and for 2015 no-build conditions during the a.m. and p.m. peak
hours.
• Intersection improvements required to achieve LOS D with the first phase development
(2004) and full development (2015) of the AUAR study area include:
- TH 13 and Blackhawk Road. Reassignment of the east approach lanes (Blackhawk
Road) to include a left-turn lane, left-turn/through lane, and right-turn lane; change to
split signal phasing for east and westbound movements (2015).
- Blue Cross Road and Blackhawk Road. All-way stop control and northbound right-turn
lane (Blackhawk Road) (2004). Traffic signal installation (2015).
- Blue Cross Road and Ashbury Road. Traffic signal installation (2015).
Blue Cross Road and Campus Road. Side-street stop control. (2015)..
• Trips to and from the site are based on home zip code information for Eagan-based Blue
Cross Blue Shield employees and are distributed as follows:
- TH 13 south of Blackhawk Road:
- TH 13 north of Yankee Doodle Road:
- Yankee Doodle Road east of Blue Cross Road:
- Blackhawk Road south of Blue Cross Road:
- Ashbury Road east of Blue Cross Road:
35%
5%
40%
19%
1%
?50,
BCBS AUAR Overview -3 - April 11, 2002
• Impacts of the development on neighborhood streets include:
- 36% more peak hour traffic on Blackhawk Road by 2015.
- Minor increases on Ashbury Road southeast of the development; generated from the
immediate neighborhood.
- No increase on Coachman Road south of the potential Connection Road.
- Minimal cut-through traffic with construction of Duckwood Drive interchange due to
longer distance and travel time through neighborhood compared to Federal Drive-Yankee
Doodle Road route.
- Traffic levels to be monitored over time and mitigated if necessary.
Other Environmental Issues
Traffic Noise
• 3-decibel increase in traffic noise on Blackhawk Road by 2015 (threshold of perceptibility).
Noise increases at other residential locations are nonexistent or imperceptible.
• State law does not require noise mitigation. Noise walls are impractical and ineffective.
Water Quality
• Approximately 20% of site is currently impervious; approximately 53% of site will become
impervious surface upon full build-out.
• Storm water analysis addresses pretreatment of the additional runoff generated by increase in
impervious surface.
• City and Watershed Management Organization will require erosion control measures during
and after construction.
• State and Federal regulations will also be applied during construction (NPDES).
Vegetation and Wildlife
• 66 acres of the 88-acre wooded portion of the site will be developed.
• 25% of wooded portion of the site will be preserved in natural condition.
• BCBS campus site plan includes continuously flowing green space and water amenities to
soften development impact on vegetation and habitat.
• DNR noted concerns for offsite habitat (Blackhawk Lake, Nicols Meadow Fen), which
should be protected by storm water treatment.
• DNR also noted that Blanding's turtles, a state-listed endangered species, must be protected
during construction.
$6
BCBS AUAR Overview -4- April 11, 2002
Environmental Hazards
• Demolition material disposal site near Yankee Doodle and TH 13 requires investigation
during Phase II development.
• A 12-inch high-pressure natural gas pipeline traverses the southeastern corner of site.
Development should avoid this easement.
Parks and Trails
• The realigned Blue Cross Road/Ashbury Road intersection (2015) will encroach upon the
northwest corner of Sky Hill Park.
• Interim use of BCBS property for recreation will be discontinued by Phase II construction.
• Park dedication requirement for entire corporate campus was met by dedication of Sky Hill
Park.
• Existing trail on Blue Cross Road will be replaced by trail along new Campus Drive, as well
as other internal trails.
Views
• Some residences on Crestridge Road will experience changes in views.
• Views from the Sky Hill Park gazebo will change.
• Retaining 22 acres of wooded land and providing continuously flowing green space and
water amenities will soften visual impacts.
Additional Findings
• Existing sanitary sewer trunk lines and trunk water main lines have capacity for
development.
• Land for future city well installations will be dedicated.
• 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.
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.
97
Agenda Information Memo
August 6, 2002
CC. CONTRACT 01-07, LEXINGTON AVENUE
DIVIDED FOUR-LANE UPGRADE
ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 01-07 (Lexington
Avenue - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute
all related documents.
FACTS:
• Contract 01-07 has provided for the upgrade of Lexington Avenue (CSAH 43) to a four-lane
divided highway between Lone Oak Road and Yankee Doodle Road and included the
installation of new traffic control signals at the intersections of Northwood Parkway/Neil
Armstrong Boulevard and Clubview Drive.
• The revision detailed in the change order addresses changes in the schedule of work and the
associated completion dates.
• Change Order No. 3 addresses delays incurred by the contractor during the 2001 and 2002
construction seasons that were beyond his control.
• The contractor was delayed from working within the USPS mail facilities along Lexington
Avenue due to the delayed acquisition of easements. The City was not able to acquire the
needed USPS easements earlier through the Eminent Domain process. Once the contractor
was able to proceed with construction in these areas he also experienced additional work as a
direct result of the delay.
• The relocation of private utilities necessary for the construction of the public improvements
was much more extensive than anticipated both above and below ground. The contractor
was significantly delayed since his construction schedule was dependent upon the expedition
of the utility relocations. One utility company, Great River Energy, was subject to a major
power pole realignment that took them over a year to complete.
• Construction scheduling setbacks were also encountered by the contractor throughout the
2002 construction season, due to the rainy weather.
• No additional costs are attributable to Change Order No. 3.
• This change order has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
• The change order provides for an additional 31 calendar days to complete the paving of the
upgraded street segments and other significant construction items considered to be necessary
for substantial completion (September 15, 2002) and 46 calendar days to complete all work
for final completion (September 30, 2002). There would be no costs associated with the
change order.
ATTACHMENTS:
• Change Order No. 3, pages V / through 910
• Letter from Contractor, pageeV .
gg'
CITY OF EAGAN
CHANGE ORDER
CONTRACT # 01-07 CHANGE ORDER #: 3
PROJECT #: 771 DATE: July 30, 2002
PROJECT NAME: Lexington Avenue (CSAH 43) Reconstruction
PROJECT DESCRIPTION: This project consists of the total reconstruction of Lexington
Avenue between Lone Oak and Golfview Drive and portions of
Yankee Doodle Road. Major components of construction are
grading, bituminous surfacing, storm sewer, curb and gutter,
bituminous walk, retaining walls and signal systems.
CONTRACTOR: McNamara Contracting ENGINEER: Short Elliot Hendrickson Inc.
5001 160`h Street West 3535 Vadnais Center Drive
Rosemount, MN 55068 St Paul, Mn 55110
DESCRIPTION OF CHANGE ORDER WORK:
Section A - Extension of time for City Contract #01-07 (Lexington Avenue).
JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER:
Section A - As stated in Section S-173 of the Project Manual for the Lexington Avenue (CSAH 43)
Street Improvements, "The contract shall expire on August 15, 2002": On July 29, 2002,
McNamara Contracting submitted a formal written request to Brian Johnson of SEH, Inc., for an
extension of the completion date for this project.
Major reasons that the project is taking longer to complete than anticipated are as follows:
• During the 2001 construction season, the contractor was delayed from working within the
USPS mail facilities along Lexington Avenue due to on going Right-of -Way negotiations.
Once the negotiations were complete, the contractor was able to proceed with construction
in these areas but also experienced some rework as a direct result.
• The utility relocation operation turned out to be much more extensive than anticipated both
above and below ground. The contractor was significantly delayed being that his
construction schedule was very much dependant on the expedition of the utility relocations.
• Construction scheduling setbacks were encountered by the contractor throughout the 2002
construction season, due to the rainy weather.
The City of Eagan engineering staff and SEH, Inc. acknowledge and support the contractor's
request for an extension of the completion date for this project. The project will be
substantially complete by September 15, 2002, with final completion and clean up by
September 30, 2002.
DESCRIPTION OF WORK ITEMS:
Section A: Completion of all work associated with the Lexington Avenue (CSAH 43) Street
Improvements (Stages 1 and 2).
SI?
CONTRACT STATUS
Original Contract:
Change Order #3:
Subtotal of Previous Change Orders:
This Change Order:
New Subtotal of All Change Orders:
Revise Contract:
City Department Manager
Percent Increase or Decrease for this Change Order to
Original Contract Amount: 0.0%
Percent Increase or Decrease for Total of All Change Orders
to Original Contract Amount: 1.21%
RECOMMENDED FOR APPROVAL:
By: By:
Proj, Manager
By:
City of Eagan Council Action:
Mayor:
Clerk:
Date:
AMOUNT
$4,175,117.24
$0.00
$50,649.49
$0.00
$50,649.49
(Same as last change order) $4,225,766.73
Date:
DISTRIBUTION
1 - City
2 - Contractor
1 - Engineer
N :\EAG AN\0001.01 \Const\CityChangeOrder-3.doc
TIME/COMPLETION DATE
August 15,2002
September 30, 2002
Contractor
90
McNamara ASPHALT CONSTRUCTION
Contracting, Inc.
July 29, 2002
Mr. Brian Johnson, P.E.
Short, Elliot, Hendrickson, Inc.
3535 Vadnais Center Drive
St. Paul, MN 55110
Re: Lexington Avenue Street Improvements
City Contract #01-07
McNamara Contracting, Inc. Job # 1025
Mr. Johnson,
This correspondence will serve as our formal request for an extension of the
completion date for this project. As you are aware, there have been many
unexpected issues which have delayed the progress of this years work. We
would hopefully be able to complete the work sometime in September.
Please respond to this request with a letter for our files.
Respectfully,
McNamara Contracting, Inc.
Gary N. Otte
Vice President
9'/
500! 160th. Street WVest • Rosemount, Minnesota 55068-1304
Office (952) 322-5940 • Fax (952) 322-5944 • Plant (952) -59.16
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
DD. EXTEND COMPREHENSIVE PLAN REVIEW PERIOD FOR
SPECIAL AREA NUMBER SEVEN - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve an Extension of the Metropolitan Council's review period for Special Area
#7 to September 25, 2002.
FACTS:
? The City Council directed staff to submit the Comprehensive Plan Amendment
for Special Area #7 in May of this year.
? City staff has been working with Met Council staff to clarify and understand some
inconsistencies between the City's Draft Comprehensive Plan Update submitted
in September 1999 and the Plan that was actually adopted by the City Council in
February 2001.
? City staff has confirmed that some information used to review the Plan was
outdated or erroneously submitted. As such, City staff recommends approval of
this extension to allow some confusing and conflicting Comp Plan numbers to be
cleared up and brought current as of 2002.
ATTACHMENTS: None
42
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
EE. WAIVE NOTICE REQUIREMENT FOR ZONING MAP UPDATE -
CITY OF EAGAN
ACTION TO BE CONSIDERED:
To Waive the notice requirement for the City's Zoning Map Update.
FACTS:
? City Code Chapter 11, Section 11.40, Subd. 5 (D) allows the City Council to
waive the notice requirement for a Rezoning when the action involves a citywide
update.
? The Zoning Map has been being reviewed since the Eagan 2000 Comprehensive
Guide Plan was adopted early in 2001 and the update is necessary to complete the
consistency requirement mandated by the State Legislature.
The APC will hold the public hearing for the map update at their regular meeting
on August 27, 2002.
ATTACHMENTS: None
93
Agenda Information Memo
August 6, 2002
PUBLIC HEARING
SIBLEY MEMORIAL HIGHWAY (EAGAN HEIR
3RD ADDITION) RIGHT-OF-WAY VACATI
ACTION TO BE CONSIDERED: Close the public hearing and continue any action of the
vacation of a portion of public right-of-way of Old Sibley Memorial Highway, until
consideration of the Final Plat and Subdivision for the Eagan Heights Townhomes 3d Addition.
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 3rd Addition,
north of Diffley Road and west of Highway 77 (Cedar Avenue) in west-central Eagan.
• On July 2, the City Council received the petition for this vacation, and set a public hearing
for August 6 to consider vacating said right-of-way.
• The purpose of the request is to allow the incorporation of potentially excess right-of-way
area into the Eagan Heights Townhomes 3rd Addition subdivision plat.
• The right-of-way was originally acquired by the Minnesota Department of Transportation
(MnDOT) with the construction of this alignment of Old Sibley Memorial Highway
(Highway 13) in the 1950's. The right-of way was transferred to the City in 1989 when
ownership and maintenance responsibilities for Old Sibley Memorial Highway were
relinquished and turned back to the City.
• On July 16, 2002, the City Council preliminarily approved the Eagan Heights Townhomes
3rd Addition plat and subdivision.
• All notices have been published in the legal newspaper and sent to all potentially affected
private utility owners informing them of this public hearing. Adequate utility easements will
be dedicated with the final plat for Eagan Heights Townhomes 3rd Addition to cover existing
private utilities within the portion of the right-of-way to be vacated.
• This vacation request has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
ISSUES:
To date, the developer has not submitted application for Council approval of the final plat
and subdivision for the Eagan Heights Townhomes 3rd Addition. It would be appropriate for
the approval of the right-of-way vacation to occur concurrently with the final plat and
subdivision approval at a future date.
A utility company has notified city staff of their concern regarding the proposed vacation of the
public right-of-way due to the location of their existing facilities in this location. Drainage and
utility easements to address their concerns would need to be included as part of the final plat.
ATTACHMENTS: r
• Location Map, page
• Legal Descriptions/Graphics, pageg4 and
qy
V ?-r
O? ,
SILVER BELL RD
Sum
Y / ?J
LL.
?I
I?P 'Po
CLIFF ROAD
N--b-,\OLO SIBLEY VACATION Owq
Diffley & Old Sibley Memorial Hwy.
Vacation Location Map 6i18i02
City of Eagan
FFLEY U RD
DIFFLEY ROAD
- PROPOSED VACATION
?I Z
i - -
R.O.W. TO BE VACATED
? s s
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City of Eagan
Diffley & Old Sibley Memorial Hwy
Proposed R.O.W. Vacation
6/18/02
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 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 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
Agenda Information Memo
August 6, 2002
B. DENMARK AVENUE (OLSON-BURGER ADDITION)
RIGHT-OF-WAY VACATION
ACTION TO BE CONSIDERED: Close the public hearing and continue any action of the
vacation of a portion of public right-of-way of Denmark Avenue, until consideration of the Final
Plat and Subdivision for the Olson-Burger Addition.
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.
• On July 2, the City Council received the petition for this vacation, and set a public hearing
for August 6 to consider vacating said right-of-way.
• The right-of-way was originally dedicated under the Lexington 2d Addition (Home Depot)
plat in 1998.
• The purpose of the request is to allow the incorporation of potentially excess right-of-way
area into the Olson-Burger subdivision plat.
• On July 6, 1999, the City Council preliminarily approved the Olson-Burger plat and
subdivision.
• All notices have been published in the legal newspaper and sent to all potentially affected
private utility owners informing them of this public hearing. Adequate utility easements will
be dedicated with the final plat for the Olson-Burger Addition to cover existing private
utilities within the portion of the right-of-way to be vacated.
• This vacation request has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
ISSUES:
• The developer has submitted application for Council approval of the final plat and
subdivision for the Olson-Burger Addition. Council consideration of the final plat and
subdivision is scheduled for the August 20, 2002, Council meeting, and it would be
appropriate for the approval of the right-of-way vacation to occur concurrently at that
Council meeting.
• Two utility companies have notified city staff of their concerns regarding the proposed
vacation of the public right-of-way due to the location of their existing facilities in this
location. Drainage and utility easements to address their concerns would need to be included
as part of the final plat.
ATTACHMENTS:
• Location Map, page=.
• Legal Descriptions/Graphics, page
99
City of Eagan
Denmark Ave. & Northwood Pkwy.
Vacation Location Map
6/18/02
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Agenda Information Memo
August 6, 2002, Eagan City Council
C. WAIVER OF SUBDIVISION - GLENN HARTZELL
ACTION TO BE CONSIDERED:
To approve a Waiver of Subdivision for a duplex lot split to allow for individual ownership of
the two units, with a Variance to allow the Waiver to occur while retaining a single sewer and
water connection for the twin home on property platted as Lot 8, Block 5, Wilderness Run Fifth
Addition, located at 1327 and 1329 Easter Lane in the NW '/4 of Section 27.
FACTS:
• This property is zoned R-2 and was platted for twin home development. The existing twin
home was constructed on the property in 1976. The proposed lot split is consistent with the
City's R-2 zoning standards with respect to area, setbacks and building coverage.
• A Waiver of Subdivision for a duplex lot split requires that individual utility services be
provided for each unit. The existing structure is served by only a single utility service
connection.
• The applicant is requesting a Variance to allow the waiver to proceed without installation of
separate sewer and water services for each unit.
• Individual utility service lines are required to eliminate metering, billing and maintenance
issues that would arise with only one service to separately owned units.
ATTACHMENTS:
Letter from Glenn Hartzell dated July 2, 2002, pages 110 /03
lane. n' r-1' oh *3 I?r*6*3 ZQ
/off
7-02-'02 09:14 FROM-
T-753 P01/07 U-335
Glenn Hartzell
rom: Glenn Hartzell [ghartzell@mwt.net]
Sent: Tuesday, July 02, 2002 8:54 AM
To. 'mwucherpfennig(cityofeagan.com'
Subject: FW: Hi
1.iarilyn---I have received the radius report from Walsh Title. I will fax the list to you along with a copy of my hardship letter
sted below. Thank you again for your help. I realize I have not paid the $150 fee requirement. I could mail this or stop by
.,-) July 5th. Are you open on July 5th?
,lens Hartzell
--0tiomal Message-----
From: Heidi Hartzell [mailto:hartzell@rconnect,com]
sent: Tuesday, July 02, 2002 8:00 PM
o: Glenn 0 Work
Subject: Hi
Post-it' Fax Note 7671 Date' _ y # of
? •?
Pew
To 4 w1 aJ From ?( J.?? , R' 72,
Co./Dspt. ?. ?/ ?G Co.
Phone # Phone It
FAX0?Gg1?7L? Fexr
^.Iarilyn:
.im \* riting to request a water and sewer variance at 1327 and 1329 Easter Lane, Eagan, MN. I currently own
":e property at this location and I am in the process of attempting to split this side by side duplex into two
'palate units.
Ae property is in compliance with all of the necessary city requirements including:
of size
',urvey Requirements
1 ity paperwork and fees
-Separate utilities including electrical and heating service as well as telephone and cable tv
lie property is not in compliance with the City of Eagan code relating to the water and sewer hook ups. There
only one water and sewer line.
un asking the city to grant a variance to the water and sewer issue based on the following reasons:
1 he property has been a rental property for the past ten plus years and the current water and sewer systems
adequately served both sides with no additional costs to the tenants or the owner.
2 The water and sewer bills are a small portion of the overall utility
costs at the property. For the past 8 years
water and sewer bills have averaged $25.00 per unit/month on the low end to $33.00 per unit/month on the
t::;h end.
During the past 8 years in which I have owned the property, I have had as few as 2 people per unit and up to
people per unit with very little or no impact on the actual water and sewer bills.
1 am certainly willing to install a 2nd water meter and/or create a written agreement which states that water and
sewer fees will be equally shared by each unit. The agreement would be similar.to an association fee while
common costs are shared by all residents.
1 hank you for your time and considering this request. Please contact me if you will need any additional
ltilormation.
/off
7-02-'02 09:14 FROM-
`sincerely,
ilenn Hartzell
operty owner at 1327 &
r i 1-651-345-3392
`%k 1-800-441-5411
1329 Easter Lane, Eagan
T-753 P02/07 U-335
/03
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 29, 2002
CASE: 27-WA-01-05-02
27-VA-12-07-02
APPLICANT: Glenn Hartzell
PROPERTY OWNER: Glenn Hartzell
HEARING DATE: August 6, 2002
APPLICATION DATE: May 17, 2002;
July 5, 2002
REQUEST: Waiver of Subdivision
(Duplex Lot Split)
and Variance
LOCATION: 1327 & 1329 Easter Lane
PREPARED BY: Pam Dudziak
COMPREHENSIVE PLAN: MD, Medium Density
ZONING: R-2, Residential Double
SUMMARY OF REQUEST
Glenn Hartzell is requesting approval of a Waiver of Subdivision for a duplex lot split to allow
for individual ownership of the two units on property platted as Lot 8, Block 5, Wilderness Run
Fifth Addition, located at 1327 and 1329 Easter Lane in the NW '/4 of Section 27.
This proposal includes a request for a Variance to allow the lot split to occur while retaining a
single sewer and water connection for the twin home.
AUTHORITY FOR REVIEW
Waiver:
City Code Section 13.02, Subd. 2 states that the Council may waive compliance with any of the
provisions of the Subdivision Regulations where compliance will involve an unnecessary
hardship, where failure to comply does not interfere with the purpose of the Subdivision
Regulations, or where an improved plat can be achieved by deviation from certain provisions of
the Subdivision Regulations. A waiver may be granted without planning commission review
only when the subdivision consists of a split of a duplex lot or lots with existing structures
having individual utility services designed in accordance with standards imposed by the council
upon the original plat. Section 13.40, Subd. 4 further states that the Council may impose
conditions and safeguards in the variances or waivers so granted.
/D9
Planning Report - Glenn Hartzell
August 6, 2002
Page 2
Variance
City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a
variance and impose conditions and safeguards only if:
The Council shall determine that the special conditions applying to the structures or land in
question are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which said land is located, and that the
granting of the application is necessary for the applicant.
2. The granting of the proposed variance will not be contrary to the intent of this Chapter and
the Comprehensive Guide Plan.
3. That granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
BACKGROUND/HISTORY
Wilderness Run 5th Addition was platted in the mid-1970s and this duplex building was
constructed on the site in 1976.
EXISTING CONDITIONS
The parcel is 100 feet wide by 150 feet deep, totaling 15,000 sq. ft. There is a roadway easement
of the northeast 500 sq. ft. of the lot, which accommodates a storm drainage pipe.
The units in a duplex are required by City Code to have separate utility service connections for
the duplex lot to be split for separate ownership. This duplex lot currently has one service
connection serving both units. The owner wishes to split the duplex into two lots without
installing separate utility lines for each unit.
EVALUATION OF REQUEST
The overall lot size is 15,000 sq. ft. The proposed split is through the center of the building,
which is slightly off from the center of the lot, resulting in one lot that is 7,427 sq. ft. and another
that is 7,573 sq. ft.
The R-2 zoning district requires a minimum front yard setback of 30 feet, side yard setback of 10
feet, and rear yard setback of 15 feet. These setbacks are satisfied. Building coverage is
approximately 12%, which is less than the 20% allowed in the R-2 zoning district.
Sanitary sewer and water are available to serve the property. A Waiver of Subdivision for a
duplex lot split requires that individual utility services be provided for each unit. The applicant
is requesting a Variance to allow the Waiver to proceed without installation of separate utility
services.
/OS
Planning Report - Glenn Hartzell
August 6, 2002
Individual utility service lines are required to eliminate billing and maintenance issues that would
arise with one service to separately owned units. Disputes between the owners of the two
properties over payment of the utility bills and maintenance of the service line would inevitably
develop, as there is no method for the City to accurately distinguish and measure the water and
sewer usage of two separate properties using one set of sewer and water service pipes. Staff is
unaware of a situation within the City where two separate residential properties share the same
utility service lines.
Mainline sanitary sewer and water main of sufficient size, depth and capacity are available within
Easter Lane for connection of a separate set of service lines to accommodate the duplex lot split.
Removal and replacement of a portion of the street section of Easter Lane would be necessary to
construct the individual service lines to serve the separate units of this duplex.
APPLICANT'S ESTIMATE OF HARDSHIP
The applicant has submitted a narrative with the Variance request. He indicates that the current
water and sewer arrangement has adequately served both sides of the property for the past ten-
plus years "with no additional costs to the tenants or the owner." In addition, he states the water
and sewer bills are a small portion of the overall utility costs at the property, averaging $25.00 to
$33.00 per unit/month. Mr. Hartzell has owned the property for the past eight years and says that
the water and sewer bills have fluctuated little with the number of residents. Mr. Hartzell has
offered to install a 2"d water meter or create a written agreement, which states that water and
sewer fees will be equally shared between the two units, similar to an association where common
costs are shared by all residents.
SUMMARY/CONCLUSION
Glenn Hartzell is requesting approval of a Variance and a Waiver of Subdivision for a duplex
lot split to allow for individual ownership of the two units on property platted as Lot 8, Block 5,
Wilderness Run Fifth Addition, located at 1327 and 1329 Easter Lane, without separate utility
services for each unit.
The proposed duplex lot split is acceptable from a zoning perspective with respect to area and
setbacks. However, the proposed Variance to retain a single utility service creates practical
issues with regard to metering, billing and maintenance. While the owner seems confident that
the cost and maintenance responsibility can be shared between the owners, the City's experience
suggests otherwise and it is not in the public interest to allow such a situation to be created. The
owner did not mention the costs that would be incurred to install a second utility service. While
it is understandable that the owner wishes to avoid this cost, economic considerations are not a
valid basis for granting a Variance.
ACTION TO BE CONSIDERED
146
Planning Report - Glenn Hartzell
August 6, 2002
Page 4
To approve a Waiver of Subdivision for a duplex lot split to allow for individual ownership of
the two units, with a Variance to allow the Waiver to occur while retaining a single sewer and
water connection for the twin home on property platted as Lot 8, Block 5, Wilderness Run Fifth
Addition, located at 1327 and 1329 Easter Lane in the NW '/4 of Section 27.
1. This Waiver of Subdivision shall be recorded with the Dakota County Recorder's Office
within 60 days of Council action.
2. 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 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.
/07
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Case No.: 27-VA-12-07-02 /Og
Map Prepared using ERSI ArcVMw 7.1. Parcel lase map lab provided
by Dakota County Land Survey DparonsfN and M current as of March 2002. N
City of Eagan THIS MAll IS INTENDED FOR REFERENCE USE ONLY W E
Al I N N E S 0 T A The City of Eagan and Dakota County do not guarantee the accuracy of this Information and an S
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I hereby Certify that this Purvey. plan. or report was ' - ?• • • 11
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05-16-02 Oalmar H. Schwanz
Da1M _ Mlnnasola Raplatreflon No. 6626
/0 9
Agenda Information Memo
August 6, 2002 Eagan City Council
D. VARIANCES - CITY OF EAGAN, PROJECT 771 (LEXINGTON
AVENUE BETWEEN LONE OAK ROAD AND DUCKWOOD DRIVE)
ACTION TO BE CONSIDERED:
To approve sign setback Variances of 10 feet for several properties along Lexington Avenue
between Lone Oak Road and Duckwood Drive:
3165 Lexington Avenue (USPS Bulk Mail Center)
3345 Lexington Avenue (Studio 3345)
Eagan Promenade 2nd (Promenade Oaks Townhomes)
1101 Town Centre Drive (Children's World)
1110 Town Centre Drive (Waterford Apartments)
Stuarts 1St Addition (Avalon Town Centre Apartments)
Stuarts 2„ a Addition (Avalon Town Center Apartments)
FACTS:
• The City's zoning ordinance requires signs to be set back a minimum of 10 feet a public
right-of-way.
• The Variances are based on the existing developed conditions of the various properties and
the additional right-of-way being acquired for the expansion and upgrade of Lexington
Avenue, which began construction in 2001 and continued in 2002.
• The variance request for all of the affected properties is 10 feet, allowing a zero-foot sign
setback from the right-of-way.
• Each of the Variances is prompted by a public action, the acquisition of additional right-of-
way. Staff believes that it would be appropriate for the City to acknowledge the impact of
this public improvement project on private property setbacks along Lexington Avenue and to
take action so that the resulting setbacks are not considered non-conforming.
ATTACHMENTS:
Planning Report, pages// I through.
I/o
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 30, 2002
APPLICANT: City of Eagan
PROPERTY OWNER: Various
CASE: 11-VA-15-07-02
HEARING DATE: August 6, 2002
PREPARED BY: Pamela Dudziak
REQUEST: Variance
LOCATION: Lexington Avenue between
Lone Oak Rd. and Duckwood Dr.
COMPREHENSIVE PLAN: SA, Special Area
IND, Limited Industrial
HD, High Density
ZONING: PD, Planned Development
I-1, Limited Industrial
R-4, Residential Multiple
SUMMARY OF REQUEST
The City of Eagan is requesting sign setback Variances for several properties along Lexington
Avenue between Lone Oak Road and Duckwood Drive.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a
variance and impose conditions and safeguards only if:
The Council shall determine that the special conditions applying to the structures or land in
question are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which said land is located, and that the
granting of the application is necessary for the applicant.
2. The granting of the proposed variance will not be contrary to the intent of this Chapter and
the Comprehensive Guide Plan.
3. That granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
Planning Report - Lexington Avenue
June 19, 2001
Pate 2
CODE REQUIREMENTS
The City's zoning ordinance requires free-standing signs to be set back a minimum of 10 feet
from all public rights-of-way.
BACKGROUNDIHISTORY
As recently as 1999, the Capital Improvement Programs (CIP) for both Dakota County and the
City of Eagan included the four-lane divided upgrade of Lexington Avenue from Town Centre
Drive to Clubview Drive in 2001. Dakota County's current CIP had this project scheduled for
2002. In June 1999, the Eagan City Council chose to become the lead agency for the project and
as such, began acquiring necessary easements and right-of-way. The project was begun in 2001
with construction north of Yankee Doodle Road and has continued this year with improvements
south of Yankee Doodle Road.
EXISTING CONDITIONS
Seven properties have been identified as having non-conforming sign setbacks as a result of the
expansion and upgrade of Lexington Avenue. All of the properties for which the Variances are
sought are currently developed. The proposed Variances are based on the existing developed
conditions of the various properties and the additional right-of-way acquired for the expansion
and upgrade of Lexington Avenue.
EVALUATION OF REQUEST
The specific Variances are detailed on the attached exhibit in both graphic and table form. All of
the seven properties will have resulting sign setbacks of zero feet. The required setback for a
business sign from a right-of-way is ten feet.
APPLICANT'S ESTIMATE OF HARDSHIP
Each of the Variances is prompted by a public action, the acquisition of additional right-of-way
along Lexington Avenue. Without the Variances, these properties would have non-conforming
sign setbacks as a result of the Lexington Avenue expansion and upgrade.
SUMMARY/CONCLUSION
The City of Eagan is requesting sign setback Variances for several properties along Lexington
Avenue between Lone Oak Road and Duckwood Drive. These Variances are necessary to
accommodate reduced setbacks along Lexington Avenue resulting from the public's acquisition
of additional right-of-way to expand and upgrade Lexington Avenue. A total of seven properties
are affected.
//a
Planning Report - Lexington Avenue
June 19, 2001
Page 3
Staff believes that it would be appropriate for the City to acknowledge the impact of this public
improvement project on private property along Lexington Avenue and to take action so that the
resulting sign setbacks are not considered non-conforming.
ACTION TO BE CONSIDERED
To approve a 10-foot sign setback Variance for each of the following properties along Lexington
Avenue between Lone Oak Road and Duckwood Drive to allow the existing free-standing signs
to have a zero setback from the new Lexington Avenue right-of-way:
3165 Lexington Avenue (USPS Bulk Mail Center)
3345 Lexington Avenue (Studio 3345)
Eagan Promenade 2nd (Promenade Oaks Townhomes)
1101 Town Centre Drive (Children's World)
1110 Town Centre Drive (Waterford Apartments)
Stuarts 1st Addition (Avalon Town Centre Apartments)
Stuarts 2nd Addition (Avalon Town Center Apartments)
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 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.
113
Location Map
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Eagan Boundary
Street Centerline
Parcel Area
Building Footprint
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1000 0 1000 200C %eei
Development/Developer: Lexington Avenue Sign Variances
Application: Variance
Case No.: 11-VA-17-07-0 1/( f
Map Prepared using ERSI AICMNw 3.1 Parcel bas. map data prodded
by Dakota County Land Surrey Dspanmsnt and is current as of March 2002
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*City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are
Cemrnuanr D-rslgrn-nt pop Am-nt not responsible for errors or omissions.
tr
P771 Lexington Avenue
Proposed Sign Variances
TAX PIN LOT BLOCK PLAT TENANT VARIANCE(s)
ADDRESS REQUIRED
10-01000-010-06 Unplatted Bulk Mail Center,
(A) USPS
3165 Lexington
Avenue
10-84500-010-01 1 1 Wohlers Addition Studio 3345
(B)
3345 Lexington
Avenue
10-22473-010-01 1 1 Eagan Promenade 2nd Promenade
(C) Oaks
N/A Townhomes
10-ft variance needed
from the 10-ft sign
setback
10-ft variance needed
from the 10-ft sign
setback
10-ft variance needed
from the 10-ft sign
setback
10-77052-010-01 1 1 Town Centre 100 3'l
(D) Addition
Children's World 10-ft variance needed
from the 10-ft sign
setback
1101 Town Centre
Drive
10-77054-010-01 1 1 Town Centre 100 5th
(E) Addition
Waterford 10-ft variance needed
Apartments from the 10-ft sign
setback
1110 Town Centre
Drive
10-72850-010-01 1 1 Stuarts 1" Addition Avalon Town 10-ft variance needed
(F) Centre from the 10-ft sign
N/A Apartments setback
10-72851-010-01 1 1 Stuarts 2 Addition Avalon Town 10-ft variance needed
(G) Centre from the 10-ft sign
N/A Apartments setback
G:/RM/02/MISC/P771 Public Hearing Notice
??s
Agenda Information Memo
August 6, 2002Eagan City Council
E. VARIANCES - CITY OF EAGAN, PROJECT 800R (CEDAR GROVE
AREA)
ACTION TO BE CONSIDERED:
To approve building and parking setback Variances for several properties near the intersection
of Silver Bell Road and Hwy. 13.
2015 Silver Bell Road 0 - 20 foot parking setback variance (from required 20 feet)
1995 Silver Bell Road 7 - 19 foot parking setback variance (from required 20 feet)
3800 Ballantrae Road 0 - 8 foot building setback variance (from required 30 feet)
PID 10-01900-060-04 20 foot parking setback variance (from required 20 feet)
FACTS:
• The City of Eagan is requesting setback Variances for several properties near the Silver Bell
Road/Cedar Grove Parkway and Silver Bell Road/Hwy. 13 intersections.
• The Variances are necessary to accommodate reduced setbacks on developed lots resulting
from the public's acquisition of additional right-of-way. A total of five properties are
affected, and variances for four of them are being processed at this time.
• The Variances are based on the existing developed conditions of the various properties and
the additional right-of-way being acquired for the road reconstruction and intersection
realignment.
• Each of the Variances is prompted by a public action. Staff believes that it would be
appropriate for the City to acknowledge the impact of this public improvement project on
private property building and parking setbacks and to take action so that the resulting
setbacks are not considered non-conforming.
ISSUES:
• The property at 2020 Silver Bell Road has been identified as having a resulting
nonconforming parking setback from Silver Bell Road west of Hwy. 13. It is being omitted
from the list of Variances for Council action at this time because the acquisition of easements
and right-of-way necessary on that property is incomplete at this time.
ATTACHMENTS: Planning Report, pages through /d l .
116
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 30, 2002
APPLICANT: City of Eagan
PROPERTY OWNER: Various
REQUEST: Variance
LOCATION: 2015 Silver Bell Road
2020 Silver Bell Road
1995 Silver Bell Road
3800 Ballantrae Road
PID 10-01900-060-04
COMPREHENSIVE PLAN: SA, Special Area
ZONING: PD, Planned Development
CSC, Community Shopping Center
GB, General Business
R-4, Residential Multiple
CASE: 20-VA-14-07-02
HEARING DATE: August 6, 2002
PREPARED BY: Pamela Dudziak
SUMMARY OF REQUEST
The City of Eagan is requesting building and parking setback Variances for several properties in
the Cedar Grove area near the intersection of Silver Bell Road and Hwy. 13.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a
variance and impose conditions and safeguards only if:
1. The Council shall determine that the special conditions applying to the structures or land in
question are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which said land is located, and that the
granting of the application is necessary for the applicant.
2. The granting of the proposed variance will not be contrary to the intent of this Chapter and
the Comprehensive Guide Plan.
119
Planning Report - Cedar Grove
August 6, 2002
Pane 2
That granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
CODE REQUIREMENTS
The City's zoning ordinance requires a minimum parking setback of 20 feet from all public
rights-of-way. Buildings are required to be set back a minimum of 30 feet from the public right-
of-way of a local street.
BACKGROUND/HISTORY
In February 2001, the City Council approved a public improvement project for the
reconfiguration of the Silver Bell Road intersections with Hwy. 13 and Cedar Grove Parkway
(formerly Beau D'Rue Drive) for improved accessibility. This project also includes the
reconstruction of Cedar Grove Parkway between Silver Bell and Nicols Roads, the overlay of
Silver Bell Road between Blackhawk Road and Cedar Grove Parkway, and the installation of
streetscaping improvements. This project is part of the infrastructure improvements being done
to facilitate redevelopment in the Cedar Grove area. Construction began July 15, 2002.
EXISTING CONDITIONS
Five properties have been identified as having non-conforming parking or building setbacks as a
result of the construction project. All of the properties for which the Variances are sought are
currently developed. The proposed Variances are based on the existing developed conditions of
the various properties and the additional right-of-way acquired for the realignment and
improvement of the intersections of Silver Bell Road with Cedar Grove Parkway and Hwy. 13.
EVALUATION OF REQUEST
The specific Variances are detailed on the attached exhibit in both graphic and table form. Four
of the five properties have resulting parking setback variances, and one requires a building
setback variance. Easement and right-of-way acquisition on one of the sites, 2020 Silver Bell
Road, is currently incomplete and therefore, the Variance for this lot is not necessary at this time.
The omission of the property at 2020 Silver Bell Road from the Variances is reflected below in
the action to be considered.
APPLICANT'S ESTIMATE OF HARDSHIP
Each of the Variances is prompted by a public action, the acquisition of additional easements and
right-of-way. Without the Variances, these properties would have non-conforming setbacks as a
result of the roadway improvements.
//X
Planning Report - Cedar Grove
August 6, 2002
Page 3
SUMMARY/CONCLUSION
The City of Eagan is requesting setback Variances for several properties near the Silver Bell
Road/Cedar Grove Parkway and Silver Bell Road/Hwy. 13 intersections. These Variances are
necessary to accommodate reduced setbacks on developed lots resulting from the public's
acquisition of additional right-of-way. A total of five properties are affected, and variances for
four of them are being processed at this time.
Staff believes that it would be appropriate for the City to acknowledge the impact of this public
improvement project on private property and to take action so that the resulting setbacks are not
considered non-conforming.
ACTION TO BE CONSIDERED
To approve the following setback Variances:
2015 Silver Bell Road 0 - 20 foot parking setback variance (from required 20 feet)
1995 Silver Bell Road 7 - 19 foot parking setback variance (from required 20 feet)
3800 Ballantrae Road 0 - 8 foot building setback variance (from required 30 feet)
PID 10-01900-060-04 20 foot parking setback variance (from required 20 feet)
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 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.
//9
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ER BELL ROAD
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Development/Developer : Cedar Grove Redevelopment Area
Application: Variance(s)
Case No. 20-VA-16-07-02
GR^VF REJPVE.:)PMI ".
LOCATION MAP July 22, 02
Jr
City of Eagan
Cedar Grove Redevelopment
Proposed Sign and Setback Variances
TAX PIN LOT BLOCK PLAT TENANT VARIANCE(s)
ADDRESS REQUIRED
10-68200-010-01 1 1 Silver Bell Commons Duke Realty Ltd 0-ft to 20-ft variance
(A) Partnership needed from the 20-ft
2015 Silver Bell Road parking lot setback
10-19600-010-01 1 1 Dallas Development Silver Bell 0-ft to 14-ft variance
(B) Business Center needed from 20-ft
2020 Silver Bell Road parking lot setback
10-01700-020-54 Unplatted McDonald's 7-ft to 19-ft variance
(D) needed from 20-ft
1995 Silver Bell Road parking lot setback
10-13301-010-01 1 1 Ballantrae 2"d Addition Ballantrae Assoc 0-ft to 8-ft variance
(E) needed from the 30-ft
3800 Ballantrae Road building setback
10-01900-060-04 Unplatted JR Mega Inc. c Jo 20-ft variance needed
(Q) Gerald Schiltz from 20-ft parking lot
N/A setback
G:/RM/02/MISC/Cedar Grove Redev 01-05
/ cl?- /
Agenda Informational Memo
August 6, 2002, City Council Meeting
F. VARIANCE AND CONDITIONAL USE PERMIT -- WAJCO, INC.
ACTION TO BE CONSIDERED
To approve a Conditional Use Permit to operate a car wash in conjunction with an automobile service
station and Variances to allow existing nonconforming parking and signage setbacks on property located
at 4205 Nicols Road south of Diffley Road in the NW '/a of Section 30, subject to the conditions in the
draft July 23, 2002, APC meeting minutes.
FACTS:
• A 2,782 square foot automobile service station with fuel pumps and canopy are currently present
on the site.
• A pylon and freestanding monument sign, which maintain nonconforming setbacks, are also
located on the property.
• Existing parking maintains nonconforming setbacks along the north, east, and south property
lines.
• The applicant is seeking a Conditional Use Permit to operate a car wash on property zoned NB
(Neighborhood Business).
• The Zoning Ordinance permits a one stall car wash as an accessory Conditional Use in the NB
zoning district.
• The subject site is an unplatted parcel. The Zoning Ordinance requires property to be platted
prior to placing any structure on the site.
• The applicant proposes to construct an 825 square foot car wash addition to an existing one-story
building that contains four service bays and customer service area.
• On July 23, 2002, the APC held a public hearing on the request and recommended approval by a
unanimous vote.
ISSUES:
All 12 proposed parking stalls are designed at a 45 degree angle. To improve internal vehicular
circulation, staff recommends that all 12 stalls be constructed at a 90 degree angle along the north
property line.
The ground sign is located within the right-of-way easement for Nicols Road and the pylon sign
encroaches into the minimum 10 foot setback from the property line abutting Diffley Road.
Allowing these encroachments to continue is a policy matter to be considered by City officials.
New parking is proposed at the property line and does not maintain a setback. The Zoning
Ordinance would require a 20 foot setback from public rights-of-way for parking. Allowing these
encroachments to continue via the requested Variances is a policy matter for City officials to
consider.
ATTACHMENTS:
Draft July 23, 2002, APC meeting minutes, page' to 1;9
Planning staff report, pagelto /_31
/aa
City of Eagan
Advisory Planning Commission Meeting Minutes
July 23,2002 ?*'?? 1
Page 5
C. CONDITIONAL USE PERMIT - WAJCO, INC.
A Conditional Use Permit to allow a car wash as an accessory use to an
automobile service station on the southwest corner of Nicols and Diffley at
4205 Nicols Road in the NW '/4 of Section 30.
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.
Chair Huusko opened the public hearing.
There being no public comment, Chair Huusko closed the public hearing and turned
the discussion back to the Commission.
Member Bendt inquired about the non-conforming set back in regard to the proposed
signage.
Senior Planner Ridley explained that the City Council will address the Variance issue
for the non-conforming setback issues.
Member Gladhill moved, Member Bendt seconded a motion to approve the
Conditional Use Permit to allow a car wash as an accessory use to an automobile
service station on the southwest corner of Nicols and Diffley at 4205 Nicols Road in
the NW '/4 of Section 30 subject to the following conditions:
The Conditional Use Permit shall be recorded at the Dakota County Recorder's
Office within 60 days after City Council approval.
2. The property shall be platted.
3. Landscaping shall be prohibited within public rights-of-way easements.
4. A revised landscape plan shall be submitted incorporating the following:
a. Plantings shall be installed along the west property line, where feasible.
b. A landscape island shall be constructed along the southern property line
where parking stalls are proposed.
c. The existing landscape island at the northeast corner of the site shall be
enlarged to the west for additional plantings.
All required parking stalls shall be constructed along the north property line at a
90 degree angle.
'Sm
City of Eagan
Advisory Planning Commission Meeting Minutes
July 23,2002 DR-**I F T
Page 6
6. A landscape island shall be placed amongst the required parking for the
relocation/placement of one existing light fixture. The second light fixture shall
be placed within the enlarged landscape island at the northeast corner of the site,
if feasible.
7. Parking shall only be permitted on improved surfaces.
8. The trash enclosure shall be constructed of materials similar to those utilized on
the principal structure.
All voted in favor.
gay
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 18, 2002
APPLICANT: WAJCO, Inc.
PROPERTY OWNER: Same
REQUEST: Conditional Use Permit
LOCATION: 4205 Nicols Road
CASE: 30-CU-12-06-02
HEARING DATE: July 23, 2002
APPLICATION DATE: June 19, 2002
PREPARED BY: Cynthia R. Kirchoff
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: NB, Neighborhood Business
SUMMARY OF REQUEST
WAJCO, Inc. is requesting a Conditional Use Permit to operate a car wash in conjunction with
an automobile service station on property located at 4205 Nicols Road south of Diffley Road in
the NW '/4 of Section 30.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.20, Subdivision IOE1 allows a one stall car wash as an
accessory use.
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
/ 0") ?
Planning Report - WAJCO, Inc. CUP
July 18, 2002
Page 2
essential character of that area, nor substantially diminish or impair property values within
the neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and schools.
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
BACKGROUND/HISTORY
The subject site is an unplatted parcel. In 1966, a
service station was constructed on the site. According
to records on file at the City, a Conditional Use Permit
was issued in 1970 for a service station. In 1984,
another Conditional Use Permit for a service station
was approved.
A Conditional Use Permit was issued in 1981 for the
installation of a pylon sign 27 feet in height. A
Variance was also granted to allow the pylon sign to
be 50 feet in height along Cedar Avenue.
In 1984, a 20 foot Variance from the required 50 foot front yard setback from Nicols Road was
approved to allow for the construction of a canopy over existing fuel pumps.
l26
Planning Report - WAJCO, Inc. CUP
July 18, 2002
Page 3
EXISTING CONDITIONS
A 2,782 square foot automobile service station with fuel pumps and canopy are currently present
on the site. A pylon and freestanding monument sign are also located on the property. The
parking maintains nonconforming setbacks along the north, east, and south property lines.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround 4205
Nicols Road:
Existing Use Zoning Land Use Designation
North Fuel sales;
ISD 191 school GB, General Business RC, Retail Commercial
South Retail uses NB, Neighborhood Business RC, Retail Commercial
West Vacant parcel; TH 77 RB, Roadside Business GC, General Commercial
East Fuel sales NB, Neighborhood Business RC, Retail Commercial
EVALUATION OF REQUEST
Proposal - The applicant is seeking a Conditional Use Permit to operate a car wash on property
zoned NB (Neighborhood Business). A service station currently occupies the property. The
Zoning Ordinance permits a one stall car wash as an accessory Conditional Use in the NB zoning
district.
Compatibility with Surrounding Area - The subject site abuts two other gas stations to the north
and east. Other commercial uses lie to the south and a school is located at the northeast corner of
the intersection of Diffley Road and Nicols Road. A car wash as an accessory use to an
automobile service station appears to be compatible with surrounding uses.
Existing Site Conditions - As previously mentioned, the existing building was constructed in
1966, and consequently the parking area maintains nonconforming setbacks on the north, east,
and south property lines. Parking is required to be set back 20 feet from public rights-of-way and
5 feet from side or rear property lines.
The subject site is an unplatted parcel. The Zoning Ordinance requires property to be platted
prior to placing any structure on the site. Staff recommends that the property be platted as a
condition of approval.
Staff noted that several automobiles and some miscellaneous materials were stored behind the
existing building, adjacent to Cedar Avenue. This area is not an approved storage/parking area
for the site and the items should be removed.
/a7
Planning Report - WAJCO, Inc. CUP
July 18, 2002
Page 4
Site Plan - The applicant proposes to construct an 825 square foot car wash addition to an
existing one-story building that contains 4 service bays and customer service area. A new trash
enclosure is proposed to be attached to the building along the south elevation. Concrete curbing
is proposed along the north property line to replace existing concrete bumper curbs. Twelve
striped parking stalls are proposed on the site to comply with minimum number of required
stalls. Landscaping is proposed in existing landscape islands along the east property line.
Building coverage: The Zoning Ordinance permits a maximum of 20 percent of the lot to
be covered with buildings. The site plan indicates that the building coverage is proposed
to be 13 percent of the property area (excluding rights-of-way easements).
Green area: Green area is required to occupy a minimum of 30 percent of the site within
NB zoning districts. The subject site proposes. to maintain only 16 percent green area.
Building setbacks: The Zoning Ordinance requires buildings to maintain a 50 foot front
yard setback from Diffley Road, 30 foot setback from Nicols Road, 10 foot side yard
setback, and 20 foot rear yard setback. According to the site plan, all required minimum
setbacks are met.
Parking setbacks: Parking is required to be set back 20 feet from a front lot line and 5
feet from a rear or side lot line. Existing parking does not maintain a setback from the
north and south property lines. Parking is only 10 feet from the north and east property
lines, whereas the City Code requires 20 feet.
Building height - Within the NB zoning district, buildings are limited to 20 feet in
height. The existing building is approximately 14 feet in height (which is the mid point
of the pitched roof).
Conditional Use Permit Findings - The accessory car wash appears to be designed to be
compatible in appearance with the existing or intended character of the general vicinity. It will
be served by adequate public facilities and services and will have appropriate ingress and egress
that should not create traffic congestion or interference with traffic on surrounding streets, so
long as the conditions of approval are met.
Landscaping - The Zoning Ordinance requires all parking areas to be screened from all streets
with the use of berms, walls, fences, and landscaping. Such screens shall be a minimum of 3 feet
in height and 75 percent in opacity. The landscape plan indicates that deciduous overstory trees
and shrubs are proposed along the east property line in existing landscape islands. However, the
plantings are shown within a right-of-way easement for Nicols Road. It is the City's policy to
prohibit landscaping within rights-of-way. Landscaping is not proposed along the north property
line because the existing parking does not maintain a setback from Diffley Road. Requiring the
minimum screen along Diffley Road for the bituminous area would further constrain the site and
impact existing internal vehicular circulation. However, staff would recommend that
landscaping be installed where possible on the site.
iaY
Planning Report - WAJCO, Inc. CUP
July 18, 2002
Page 5
Staff recommends that the existing landscape island at the northwest corner of the site be
enlarged for plantings, since landscaping is prohibited within public rights-of-way. Also, the
parking stalls proposed along the southern property line could be eliminated and replaced with a
10 foot wide landscape strip or island, which would also serve to delineate the Citgo site from
the parking for the use to the south and provide additional green space.
Parking - The Zoning Ordinance requires at least four off-street parking spaces plus two off-
street parking spaces for each parking stall for a motor fuel station. Twelve parking stalls are
shown on the proposed site plan. There are currently four service stalls, which would require a
minimum of eight parking stalls to be in compliance with the City Code. Thus, the number of
parking stalls complies with the minimum regulations.
All 12 proposed parking stalls are designed at a 45 degree angle. To improve internal vehicular
circulation, staff recommends that all 12 stalls be constructed at a 90 degree angle along the
north property line. The proposed parking at a 45 degree angle directs one-way vehicular
movements around the building, which may conflict with the car wash exit, whereas, parking
positioned at a 90 degree angle will allow easier and more direct egress.
New parking is proposed at the property line and does not maintain a setback. The Zoning
Ordinance would require a 20 foot setback from public rights-of-way for parking. Allowing
these encroachments to continue is a policy matter for City officials to consider.
Si a e - As previously mentioned, the City approved a Conditional Use Permit for a pylon
sign on the property. A freestanding ground sign is located on the east and the pylon sign is
located in the northwest corner of the site. The ground sign is located within the right-of-way
easement for Nicols Road and the pylon sign encroaches into the minimum 10 foot setback from
the property line abutting Diffley Road. Allowing these encroachments to continue is a policy
matter to be considered by City officials.
Lighting - The site plan indicates that two light fixtures on poles are located along the north
property line. They are proposed to be relocated and shifted closer to the north property line and
shielded with concrete bumper curbs to accommodate the proposed striped parking stalls.
Staff recommends that one of the light fixtures be placed within a landscape island amongst the
parking along the north property line and the second fixture be relocated to the enlarged
landscape island at the northeast corner of the site.
Trash Enclosure - All trash and recycling containers are required to be stored within an
enclosure and attached to the principal structure within the NB zoning district. The site plan
indicates that the trash enclosure is attached to the building on the west elevation. City Code
requires that the enclosure shall be constructed of materials to match the exterior of the principal
structure. Elevation plans indicate the trash containers will be enclosed with a wood fence.
/ay
Planning Report - WAJCO, Inc. CUP
July 18, 2002
Page 6
Wood does not match the existing materials on the building, so the enclosure walls should be
constructed of brick and siding similar to the building.
Access/Street Design - The property is currently accessed via two driveways from Nicols Road.
Easements/Rights of Way/Permits - As part of the Final Plat process, the applicant may have to
dedicate additional right-of-way to Dakota County for Diffley Road.
Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its
Comprehensive Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in the
Metropolitan Development Guide that anticipates the impacts from the continued operation of
the airport at its current location. The noise policy contours place the subject site within Noise
Exposure Zone 4. An addition to an existing commercial structure within this zone is considered
"Consistent," which means that such land uses are acceptable.
Parks and Recreation - Park and trail cash dedication will be required prior to the recording of
the final plat.
SUMMARY/CONCLUSION
WAJCO, Inc. is requesting a Conditional Use Permit for the operation of a car wash at 4205
Nicols Road. A car wash is an accessory conditional use in the NB zoning district. An existing
automobile service station is present on the site.
The car wash appears to be compatible with adjacent uses and structures. According to the site
plan, existing parking and signage maintains nonconforming setbacks. Also, existing
landscaping on the site is minimal. Staff recommends that the parking design be revised and that
additional landscape islands be constructed on the site to provide more green area and to improve
vehicular circulation.
The appropriateness of a Conditional Use Permit for an accessory car wash on the subject site is
considered a policy decision to be made by the Advisory Planning Commission and City
Council. Furthermore, allowing the nonconforming parking and signage setbacks to continue is
a policy matter for City officials to consider.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for the operation of a car wash in
conjunction with an automobile service station on property located at 4205 Nicols Road south of
Diffley Road in the NW '/4 of Section 30. If approved the following conditions should apply:
The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office
within 60 days after City Council approval.
/30
Planning Report - WAJCO, Inc. CUP
July 18, 2002
Page 7
2. The property shall be platted.
3. Landscaping shall be prohibited within public rights-of-way easements.
4. A revised landscape plan shall be submitted incorporating the following:
a. Plantings shall be installed along the west property line, where feasible.
b. A landscape island shall be constructed along the southern property line where
parking stalls are proposed.
c. The existing landscape island at the northeast corner of the site shall be enlarged
to the west for additional plantings.
5. All required parking stalls shall be constructed along the north property line at a 90
degree angle.
6. A landscape island shall be placed amongst the required parking for the
relocation/placement of one existing light fixture. The second light fixture shall be
placed within the enlarged landscape island at the northeast corner of the site, if feasible.
7. Parking shall only be permitted on improved surfaces.
8. The trash enclosure shall be constructed of materials similar to those utilized on the
principal structure.
/3/
FINANCIAL OBLIGATION -30-CU-12-06-02,
Citgo Service Station 10-03000-011-25
There are pay-off balances of special assessments totaling $-0- on the parcel for which
the conditional use permit is requested.
At this time, there are no pending assessments on the parcel for which the conditional use
permit is requested.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The approval of the conditional use permit is not contingent
upon the payment of these Connection/Availability Charges. The charges become due
and payable with connection to the City's Utilities. The charges will be computed using
the rates in effect at time of connection or subdivision.
IMPROVEMENT
None
USE
RATE QUANTITY AMOUNT
$0.00
TOTAL
/3D's
$0.00
1000 0 1000 2000 Feet
Development/Developer: Citgo Service Station
Application: Conditional Use P
Case No.: 30-CU-12-06-02
/J1
Map Prepared using ERSI ArcView 2.1. Parcel bass map dais provided
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Agenda Informational Memo
August 6, 2002, City Council Meeting
G. VARIANCE AND CONDITIONAL USE PERMIT -- EAGAN TIRE & AUTO SERVICE
ACTION TO BE CONSIDERED
To approve a Conditional Use Permit to allow an automobile service station, a 37 foot Variance from
the required 50 foot setback from Diffley Road (Co. Rd. 30), and a 10 foot Variance from the maximum
20 foot height limitation for properties zoned NB (Neighborhood Business) to construct a two story,
9,708 square foot building on property located at 4180 and 4190 Blackhawk Road (Lots 6 & 7, Block 1,
Blackhawk Plaza) in Section 20, subject to the conditions in the draft July 23, 2002, APC meeting
minutes.
FACTS:
• The applicant is seeking a Conditional Use Permit to operate an automobile service station on
property zoned NB (Neighborhood Business).
• In conjunction with the Conditional Use Permit request, the applicant is requesting a 37 foot
Variance from the required 50 foot setback from Diffley Road and a 10 foot Variance from the
maximum 20 foot height limit for properties zoned NB.
• The proposed setback from the property line abutting Diffley Road is 13 feet.
• The service area is proposed to be 18.3 feet in height and the office portion is proposed to be 30
feet in height.
• The site plan indicates that proposed access, landscaping and lighting are appropriate for the use.
• On July 23, 2002, the APC held a public hearing on the requests and recommended approval by a
vote of 4 to 1 with 12 conditions. Also, the APC did not support the staff recommended
condition that regulated the opening of the service bay doors.
ISSUES:
• The building is proposed to be constructed of split face block in the colors Dark Brown and Buff.
Windows are proposed on all elevations except the north. The north elevation appears to lack
interest. Staff recommends that an additional building material or windows be added to this
elevation.
• One Commissioner dissented because of the lack of a hardship for the requested Variances.
ATTACHMENTS:
Draft July 23, 2002, APC meeting rrVnijtes, page/4/ to /9
Planning staff report, page! YSPto ?01
/90
City of Eagan
Advisory Planning Commission Meeting Minutes DR A F I
July 23,2002
Page 9
E. CONDITIONAL USE PERMIT - EAGAN TIRE & AUTO SERVICE
A Conditional Use Permit to allow an automobile service station, a Variance
from the required 50 foot setback from Diffley Road and a Variance from the
20 foot maximum building height allowed in the Neighborhood Business
zoning district on Lots 6 & 7, Block 1, Blackhawk Plaza, located on the north
side of Diffley Road between Blackhawk Road and I-35E in the SE 1/4 of
Section 20.
Planner Kirchoff introduced this item and highlighted the information presented in
the City Staff Report dated July 1, 2002. She noted the background and history.
Chuck Hall, representative for Jim Cooper explained that, for visibility purposes,
the seller of the property would like to keep the business as far away from the
shopping center as possible. He stated objection to conditions number three and
eight. He asked for the exact amount of cash dedication in lieu of water quality
ponding as required by condition 12.
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.
Chair Huusko asked about the business's existing location and if it allows for a 30
foot tall building. He asked Staff if there is other land available in Eagan that
would allow for this size of a building.
Senior Planner Ridley stated the existing location does allow for a 30-foot high
building. He stated he is not sure if there is another location available in Eagan.
Member Gladhill asked how high the current building is. He asked about the
number of parking spaces on the proposed site.
Mr. Hall explained the existing location and the current proposal.
Planner Kirchoff explained that the proposal does meet the parking requirement.
Maggie Linville, property and shopping center owner explained the location
restrictions to allow visibility for the existing tenants. She stated the building
would blend with the elevation of the cemetery.
Member Segal stated condition three regarding the opening of service bay doors is
not needed. He stated that the site will be difficult to develop and stated concern
/Y/
City of Eagan
Advisory Planning Commission Meeting Minutes
July '3,2002 DR AF I
Page 10
with the visibility of the shopping center. He stated the additional 10 feet of
building would not stand out that much.
Member Bendt agreed with Member Segal and explained that the service bay doors
will be on the east, which faces the convenience store and the freeway. He stated
support for the proposal and commented that this type of enterprise could bring
needed business to the shopping center.
Chair Huusko agreed with Member Segal and Member Bendt and stated the
importance of Jim Cooper's business history in the community. He also stated
opposition to condition three regarding the service bay doors and requested staff to
clarify condition number 8.
Planner Kirchoff suggested windows or architectural interest be added to the back
wall of the building in regard to condition number eight.
Member Nosbush stated opposition to the proposal and explained that a hardship
has not been demonstrated. He stated with some creativity, the proposal could work
without as many variances.
Planner Kirchoff stated that the estimated the cash dedication in lieu of water
quality ponding is $7,800.00.
Member Segal explained that a hardship is created by the excessive width of the
street as well as the location and elevation of the cemetery.
Member Gladhill agreed with Member Segal and stated support for the proposal.
He explained that a hardship has not been demonstrated to justify the requested
variances. He commented that the new location on Diffley will have excellent
visibility and will be a good move for the applicant.
Member Bendt explained the TIF District is the cause for this proposal; therefore
the City has a responsibility to help the business owner.
Chair Huusko stated support for the proposal and explained that the City should not
pass the opportunity to rebuild the area.
Member Segal moved, Member Bendt seconded a motion to approve the
Conditional Use Permit to allow an automobile service station, a Variance from the
required 50 foot setback from Diffley Road and a Variance from the 20 foot
maximum building height allowed in the Neighborhood Business zoning district on
Lots 6 & 7, Block 1, Blackhawk Plaza, located on the north side of Diffley Road
between Blackhawk Road and I-35E in the SE '/< of Section 20 subject to the
following conditions as amended:
/ yv?,
City of Eagan
Advisory Planning Commission Meeting Minutes
July 23,2002
Page 11
The Conditional Use Permit shall be recorded at the Dakota County Recorder's
Office within 60 days of approval.
2. The applicant shall execute and record a Lot Combination Agreement to allow
Dakota County to assign one tax parcel identification number to Lots 6 and 7,
Block 1, Blackhawk Plaza.
4. Automobile or truck rental is prohibited on the site.
5. Outdoor storage of tires or other automobile parts is prohibited.
6. Wall and pole mounted light fixtures shall be cut-off and shielded to control
glare.
7. All wall and freestanding sign shall comply with the City Code.
8. An additional building material and/or windows shall be incorporated on the
north elevation of the building.
9. A state-registered landscape architect or state-certified nurseryperson shall
prepare the landscape plan.
10. Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene
laminate safety netting) shall be installed at the Drip Line or at the perimeter of
the Critical Root Zone, whichever is greater, of significant trees to be preserved
on-site.
11. The applicant shall contact the City Forestry Division and set up a pre-
construction site inspection at least five days prior to the issuance of the grading
permit to ensure compliance with the approved Tree Preservation Plan and
placement of the Tree Protection Fencing.
12. The development shall be subject to a cash dedication in lieu of water quality
ponding.
13. The development shall be subject to cash park and trail dedication.
A vote was taken.
Aye: Chair Huusko, Members Bendt, Segal and Gladhill.
/ y3
City of Eagan
Advisory Planning Commission Meeting Minutes DR AF l
July 23,2002
Page 12
Nay: Member Nosbush.
Motion carried 4-1.
/(14L
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 18, 2002
CASES: 20-CU-11-06-02
20-VA-13-07-02
APPLICANT: Jim Cooper Eagan Tire
HEARING DATE: July 23, 2002
and Auto Service
PROPERTY OWNER: Diffley Square LLC
REQUEST: Conditional Use Permit and
APPLICATION DATE: July 2, 2002
PREPARED BY: Cynthia R. Kirchoff
Setback and Height Variances
LOCATION: 4180 and 4190 Blackhawk Road
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: NB, Neighborhood Business
SUMMARY OF REQUEST
Jim Cooper Eagan Tire and Auto Service is requesting a Conditional Use Permit to allow an
automobile service station, a 37 foot Variance from the required 50 foot setback from Diffley
Road (Co. Rd. 30), and a 10 foot Variance from the maximum 20 foot height limitation for
properties zoned NB (Neighborhood Business) to construct a two story, 9,708 square foot
building on property located at 4180 and 4190 Blackhawk Road (Lots 6 & 7, Block 1,
Blackhawk Plaza) in Section 20.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.20, Subdivision 10C allows automobile service stations as a
Conditional Use in the NB, Neighborhood Business zoning district.
City Code Chapter 11, Section 11.20, Subdivision 15A limits the maximum building height to 20
feet in the NB, Neighborhood Business zoning district.
City Code Chapter 11, Section 11.10, Subdivision 6C requires a 50 foot minimum building
setback from Diffley Road.
/yS-
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 2
Conditional Use Permit
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area, nor substantially diminish or impair property values within
the neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and schools.
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
Variance
City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a
variance and impose conditions and safeguards only if.
1?f4
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 3
The Council shall determine that the special conditions applying to the structures or land
in question are peculiar to such property or immediately adjoining property and do not
apply generally to other land or structures in the district in which said land is located, and
that the granting of the application is necessary for the applicant.
2. The granting of the proposed variance will not be contrary to the intent of this Chapter
and the Comprehensive Guide Plan.
That granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
BACKGROUND/HISTORY
The proposed site plan overlays Lot 6 and 7, Block 1, Blackhawk Plaza, which was platted in
1986 as part of a nine lot commercial development. A Conditional Use Permit for a bank with
drive-through was approved for Lot 7 in conjunction with the plat.
Jim Cooper Tire and Auto Center has been operating at 3999 Cedarvale Drive. The business is
proposing to relocate to the subject site in light of the pending redevelopment of the Cedarvale
area.
EXISTING CONDITIONS
The subject 1.3 acre site encompasses two vacant lots. Significant trees are located on the west
portion of the site. Topography ranges from 938 at the south property line to 928 at the northeast
property line.
A "Diffley Square" center identification sign is positioned along the property line abutting
Diffley Road.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
proposed Jim Cooper Tire and Auto Service Center:
Existing Use Zoning Land Use Designation
North Diffley Plaza NB, Neighborhood Business RC, Retail Commercial
South Diffley Road;
Vacant land GB, General Business;
A, Agriculture MD, Medium Density
Residential
West Eagan Township
Cemetery A, Agriculture QP, Public/Quasi-Public
East Convenience store NB, Neighborhood Business RC, Retail Commercial
1*?
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 4
EVALUATION OF REQUESTS
1. Conditional Use Permit
Proposal - The applicant is seeking a Conditional Use Permit to operate an automobile service
station on property zoned NB (Neighborhood Business). According to the applicant, Jim
Cooper's Tire and Auto Service does complete professional service for autos and light trucks.
They specialize in 4 wheel alignments, tune-ups, brake service, shocks and struts, exhaust
systems, air conditioning and transmission service.
In conjunction with the Conditional Use Permit request, the applicant is requesting a 37 foot
front yard setback Variance and a 10 foot height Variance for the construction of the building.
The applicant has also noted that the corporate office for Express Rent a Car will be at this
location. Car rental is not a permitted use within the NB zoning district and as such rental of
automobiles and trucks shall not take place at this site.
Compatibility with Surrounding Area - Retail commercial uses lie to north and east and future
residential uses lie to the south. An automobile service station appears to be consistent with
existing adjacent uses and has appropriate access via Diffley Road and Blackhawk Road.
Site Plan - The applicant is proposing to construct a 9,708 square feet building to operate an
automobile service station, with 10 service bays, and office and retail space.
Setbacks: Minimum required building and parking setbacks are compared to the proposal
in the following table:
Front Yard
(Diffley Road) Side Yards Rear Yard
Building
Ordinance Minimum 50 feet 10 feet/25 feet 25 feet
Proposed 13 feet 13 feet/205 feet 25 feet
Parking
Ordinance Minimum 20 feet 5 feet 5 feet
Proposed 23 feet 9 feet 12 feet
The site plan indicates that the building encroaches into the minimum setback from
Diffley Road by 37 feet, so a Variance is required from the Zoning Ordinance. All other
minimum setback requirements appear to be met.
Building coverage: The Zoning Ordinance permits a maximum of 20 percent of the lot to
be covered with buildings. The proposed building covers 14 percent of the lot.
/V(
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 5
Building height: The Zoning Ordinance permits buildings up to 20 feet in height in the
NB district. A portion of the proposed building is two-stories and 30 feet in height. The
proposal requires relief from the City Code. Further discussion concerning requested
relief from ordinance provisions is presented in the Variance section of this report.
Green area: A minimum of 30 percent of the site shall be landscaped, according to the
City Code. The site plan indicates that 30.4 percent of the site is proposed to be sod or
landscaping.
Conditional Use Permit Findings - It appears as though the proposed automobile service station
will not be detrimental to the public health, safety or welfare of the neighborhood and will be
compatible with the character of the general vicinity, so long as the conditions of approval are
met. The use will be served by adequate public facilities and services and will not involve
activities that will be hazardous to the general public. Vehicular ingress and egress should not
create traffic congestion or interfere with traffic from the adjacent convenience store or those
entering the commercial center.
Architecture/Building Design - The building is proposed to be constructed of split face block in
the colors Dark Brown and Buff. Windows are proposed on all elevations except the north.
Service doors are proposed on the west and east elevations. A canopy six feet in depth delineates
the main entry on the southeast corner of the building.
The north elevation appears to lack interest. Staff recommends that an additional building
material or windows be added to this elevation.
Landscaping - The Zoning Ordinance requires all parking areas to be screened from all streets
with the use of berms, walls, fences, and landscaping. Such screens shall be a minimum of 3 feet
in height and 75 percent in opacity. Screening of the parking area along Diffley Road is
proposed with coniferous plantings and a four foot berm. City Code provisions appear to be met
with the proposed landscaping and berming.
The landscape plan appears to be acceptable. There is a mix of coniferous and overstory trees,
along with understory deciduous and shrubs that provide green area for the site.
Parking - Proposed parking exceeds code requirements. The Zoning Ordinance requires at least
four off-street parking spaces plus two off-street parking spaces for each service stall for a motor
fuel station. The site plan indicates that 44 stalls are proposed on site - 24 stalls for the service
station, 10 stalls for the office, 5 stalls for the retail and 4 stalls for storage.
The Zoning Ordinance requires that all parking stalls measure 10 feet by 19 feet in size. All
proposed parking spaces comply with this minimum standard.
Signage - Wall and freestanding signage are proposed in conjunction with the requests. The
proposed freestanding sign is seven feet in height with five feet of sign display area. The Sign
/?9
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 6
Ordinance limits the height of the sign display area to four feet, so the sign elevation will need to
be revised prior to the issuance of a sign permit. The sign appears to meet the minimum 10 foot
setback required by the Sign Ordinance.
Wall signage is proposed along the east and south building elevations. The Sign Ordinance
permits a maximum of three signs on two elevations. Such signage cannot exceed 20 percent of
the wall area.
The term "Goodyear" is proposed to be illuminated over each service stall on the east elevation.
Staff would consider this to exceed permitted signage, as only three signs are permitted on two
elevations.
An existing commercial center pylon sign is present on the site. The site plan indicates that the
sign will be relocated and that a separate request will be made for a pylon sign.
Lighting - The Zoning Ordinance requires that any lighting used to illuminate an off-street
parking area be shaded or diffused so as to direct light away from the adjoining property and
away from abutting traffic. The submitted lighting plan indicates that fixtures are proposed to be
mounted on four, 22 foot poles in the parking lot. Wall mounted fixtures are proposed on all
elevations of the building.
Staff usually considers one footcandle acceptable at the property line. Illumination appears to be
less than one footcandle at all property lines.
Trash Enclosure - The site plan indicates that a trash enclosure is attached to the west elevation
of the building. The Zoning Ordinance requires that such enclosures be attached to the principal
structure and be between six and 10 feet in height and be constructed of materials that match the
principal structure. Furthermore, the gates or doors must be at least 90 percent opaque. It
appears as though all ordinance provisions regarding trash enclosures are met with this proposal.
Tree Preservation - A tree inventory submitted with this application indicates that there are nine
significant trees in the inventory. Individual tree size and species break down is as follows:
Species Avg Height Height Range Count
Spruce 30 ft. 12-20 ft. 9
The balance of the trees are three crabapple trees approximately 5 inches in diameter. These are
classified as non-significant according to the Tree Preservation Ordinance.
The applicant proposes to transplant eight of the spruce trees and will preserve the other spruce
tree in its present location. Tree protection fencing will be required around this tree at the drip
line or at the edge of the Critical Root Zone, whichever is greater, during grading and
construction. With no tree removal proposed, there is no required tree mitigation.
/So
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 7
Wetlands/Water Quality - The City's water quality requirements have never been addressed
because the Blackhawk Plaza subdivision occurred prior to the 1990 water quality management
plan. Now that development is proposed to create significant impervious cover, it is appropriate
now to take up these requirements. Due to the size and nature of the development, however,
water quality ponding is not feasible. In lieu of such water quality ponding, a cash dedication is
appropriate for this development.
There are no wetlands associated with this development.
Utilities - Existing sanitary sewer and water main stubs are available for connection from the
private service drive along the north edge of the site.
Streets/Access/Circulation - Street access is proposed onto the existing private service drives
within the Diffley Square development to the north and east. These service drives intersect with
Blackhawk Road to the west and Diffley Road (County Road 30) to the south.
Easements/Rights of Way/Permits - A 20 foot wide private driveway easement extends along
the north and east property lines.
Grading/Topography - The site has been graded with previous development and generally
slopes to the northwest.
Storm Drainage - An existing storm sewer system within the private service drive along the
north edge of the site is available for connection by the development to accommodate storm
water runoff.
Parks and Recreation - The development contract for Blackhawk Plaza required park dedication
fees to be paid at the time of building permit. Current commercial rates are $4,508 per net acre.
Automobile Repair Noise Abatement - Although the subject site does not directly abut
residential properties, such uses are within range of the proposed automobile service station and
noise that may emit from automobile repair (e.g., drills). Staff recommends that during the repair
of an automobile in a service bay, the service door be prohibited from being open more than 12
inches to contain noise within the building.
H. Variance
The applicant is requesting a 37 foot Variance from the required 50 foot setback from Diffley
Road and a 10 foot Variance from the maximum 20 foot building height limitation in the NB
zoning district for the construction of a 9,708 square foot commercial building. The service area
is proposed to be 18.3 feet in height and the office portion is proposed to be 30 feet.
/6/
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 8
Variance Criteria
The Zoning Ordinance states that relief may be granted from a required ordinance provision
provided there are special conditions that apply to the subject land, the relief is not contrary to
the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a
demonstrable hardship or difficulty.
Front Yard Setback
The subject site overlays two platted lots that total 1.3 acres. The lots were platted for
commercial uses. The site is relatively flat and is a rectangle in shape. Therefore, it appears that
special conditions do not apply to the property. The size and shape of the building footprint
appear to have created the alleged difficulty, not the site.
The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide
Plan, but may be inconsistent with the intent of the Zoning Ordinance. The purpose of a setback
is to provide open space and separation from vehicular traffic. While the existing road surface is
66 feet from the front property line, the Variance request appears inconsistent with purpose of the
Zoning Ordinance.
A demonstrable difficulty is required to grant relief from the minimum required front yard
setback. The applicant is requesting relief from a required minimum setback to allow for the
construction of commercial building. The only demonstrable difficulty is that the applicant has
designed a building for the needs of the business that cannot be located within minimum required
setbacks. The building could be reduced in size to fit within the required minimum Zoning
Ordinance provisions.
Height Variance
As previously noted, the property does not exhibit unique characteristics that warrant relief from
the Zoning Ordinance to allow for the construction of a two story building.
Also, the height Variance would be inconsistent with the intent of the Zoning Ordinance. The
purpose of the height limitation is to provide solar access and ensure compatibility with the
height of adjacent structures, particularly in residential areas. The NB zoning district is typically
adjacent to residential uses, thus the more restrictive height limitation. The proposed use is
approximately 200 feet from the closest property designated low density residential.
The Zoning Ordinance requires a demonstrated difficulty to warrant relief from City Code
provisions. Again, the only demonstrable difficulty is that the applicant has designed a building
that does not comply with the maximum height in the NB district. The suitability of the
Variance request is a policy issue for City officials to consider.
Isa
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 9
Applicant's Estimate of Hardship
The applicant has stated that they would like to "build a 10 service bay facility ... to expand
services for some vehicles we cannot do alignments for and to fit the new diagnostic equipment
into. We are also the headquarters for 3 other tire and auto service centers and we are asking to
build a 2 story building with tire and parts storage like we have now so we can fit our 2 level
racking in the warehouse. Also, we are asking to put offices over the sales showroom for
handing the business for the 4 locations. We had to cut our showroom in half at the Cedarvale
location for offices and we cannot expand our building there."
SUMMARY/CONCLUSION
Jim Cooper Tire and Automotive Service is requesting a Conditional Use Permit to operate an
automobile service station and setback and height Variances for the construction of a two-story,
9,708 square foot commercial building.
It appears as though the proposed automobile service station is compatible with adjacent
commercial provided conditions of approval are met. The site plan indicates that proposed
access, landscaping and lighting are appropriate for the use. However, the footprint of the
building encroaches into a required setback and a portion of the building exceeds the maximum
height for buildings in the NB zoning district.
The condition upon which the requested setback and height Variances appear to be based is
applicable to other properties within the NB zoning district. This property does not appear to
exhibit a unique or special feature that would require or warrant relief from City ordinances.
A determination regarding the issuance of a Conditional Use Permit and relief from two Zoning
Ordinance provisions is considered a policy matter to be determined by the Advisory Planning
Commission and City Council.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow an automobile service station, a
37 foot Variance from the required 50 foot setback from Diffley Road (Co. Rd. 30), and a 10
foot Variance from the maximum 20 foot height limitation for properties zoned NB
(Neighborhood Business) to construct a two story, 9,708 square foot building on property located
at 4180 and 4190 Blackhawk Road (Lots 6 & 7, Block 1, Blackhawk Plaza) in Section 20. If
approved the following conditions should apply:
1. The Conditional Use Permit shall be recorded at the.Dakota County Recorder's Office
within 60 days of approval.
/53
Planning Report - Jim Cooper Tire and Auto Service Center CUP
July 18, 2002
Page 10
2. The applicant shall execute and record a Lot Combination Agreement to allow Dakota
County to assign one tax parcel identification number to Lots 6 and 7, Block 1,
Blackhawk Plaza.
3. Service bay doors shall be prohibited from being open more than 12 inches during
automobile repair.
4. Automobile or truck rental is prohibited on the site.
5. Outdoor storage of tires or other automobile parts is prohibited.
6. Wall and pole mounted light fixtures shall be cut-off and shielded to control glare.
7. All wall and freestanding sign shall comply with the City Code.
An additional building material and/or windows shall be incorporated on the north
elevation of the building.
9. A state-registered landscape architect or state-certified nurseryperson shall prepare the
landscape plan.
10. Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene
laminate safety netting) shall be installed at the Drip Line or at the perimeter of the
Critical Root Zone, whichever is greater, of significant trees to be preserved on-site.
11. The applicant shall contact the City Forestry Division and set up a pre-construction
site inspection at least five days prior to the issuance of the grading permit to ensure
compliance with the approved Tree Preservation Plan and placement of the Tree
Protection Fencing.
12. The development shall be subject to a cash dedication in lieu of water quality
ponding.
13. The development shall be subject to cash park and trail dedication.
/S Y
FINANCIAL OBLIGATION -20-CU-11-06-02, Eagan Tire and Auto Service C-U-P
4180 and 4190 Blackhawk Road
Lots 6 and 7 Block 1, Blackhawk Plaza
There are pay-off balances of special assessments totaling $1,774 on the parcels for
which the conditional use permit is requested.
At this time, there are no pending assessments on the parcel for which the conditional use
permit is requested.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The approval of the conditional use permit is not contingent
upon the payment of these Connection/Availability Charges. The charges become due
and payable with connection to the City's Utilities. The charges will be computed using
the rates in effect at time of connection or subdivision.
IMPROVEMENT
None
USE
RATE QUANTITY AMOUNT
$0.00
TOTAL
/SS
$0.00
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Application: Conditional Use Permit
Case No.: 20-CU-11-06-02
* Map Prepared using 3.1. Parcel bas. nap data provided
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Current Zoning and Comprehensive Guide Plan Eagan Tire & Auto Service
Case No. 20-CU-11-06-02
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Eagan Tire & Auto Service
Application for approval of Conditional Use Pennit for Eagan Tire & Auto Service
Project, Eagan. Minnesota at Diffley Square on Diffley Road/I-35E.
Description of the Property
The project is located in the City of Eagan, Minnesota and consists of 2 lots with an
approximate area of 57,463 square feet or 1.31 acres. The site is currently vacant.
The property is generally located at the southwest corner of the interchange of Interstate 1-35E
and Diffley Road. Specifically, the property is bordered by Eagan Township Cemetery on the
west. Diffley Road on the south and Diffley Square property on the north/east. The front yard
would be along Diffley Road.
Legal Description
Lot 6 & 7. Block 1.
Blackhawk Plaza
Dakota County, MN
Description of Regional Sub-Market
The subject property is located along the I-35E commercial corridor extending south/easterly
from St. Paul across the Minnesota River Bridge into Mendota Heights and Eagan. The
commercial development within the subject's neighborhood consists primarily of office, retail
and warehouse facilities.
The primary developments within the property's sub-market neighborhood consists of
• Diffley Square (Blackhawk Plaza)
• Tom Thumb Convenience Store
• Eagan Township Cemetery
P
Walsh Bishop .-N....cc late. 1466
n6 17 n'
NARRATIVE
I wean f ire & Ault Seri ice
C'11\ of Eagan. MN
CrniJitional Use Permit
Project Description
The project will consist of an approximately 10.500 square foot Eagan Tire & Auto Service
retail facility, as part of the Diffley Square campus located at the southwest comer of 1-35E
and Diffley Road. The new facility would be directly south of the Difev Square complex on
Diffley Road. The facility will feature a 10-bay auto service center, a tire sales area, office
space and storage.
The character of the facility is intended to be in harmony with the existing campus and with
neighboring buildings in the immediate area. The facility will blend contemporary and
traditional styles of architectural design. The building exterior will be integral colored
decorative concrete block and brick. The glazing will be tinted insulated fixed window units.
The building will be 2-stories on the south half and a tall 1-stony portion on the north half over
the service bays. The roof will be flat and the parapet flashing will be prefinished metal
roofing. The building's signage and logo will be intes*_rated into the building facade.
The site will be landscaped to blend with the existing campus site and City requirements.
Project Phasing
The project is scheduled to complete planning and construction documents by the end of 2002
with ground breaking in March or April of 2003. The expected opening date would be Fall
2003.
Zoning
Development of the property is governed by the City's zoning ordinance. The property is
currently under NB -neighborhood business zoning.
The proposed retail application would be in character with the current zoning under a
conditional use permit. The proposed facility would be 2 stories high.
The building set backs would follow current city zoning with 30 foot set back at Diffley Road,
10 foot set back at side yards and 20 foot set back at the rear yard.
The parking set backs would follow current city zoning with 20 foot set back at Diffley Road
and 5 foot set back at side yards and 5 foot set back at the rear yard.
Zoning of the adjacent properties includes the tbllowing: surrounding the site. NB -
neighborhood business zoning.
Walsh Bishop Associates /6 7 Oh 1702
I?
Eagan 'I ire & :1uto',crn icc
C'it\ of Eacan. MN
Conditional Use Permit
Land use per the Comprehensive Plan includes the following: surrounding the site, CR -
commercial retail zoning.
Development Plan Summary
Eagan Tire & Auto Service
• 10 service bays
• tire sales area
• service counter/support areas
• waiting area
• office areas. 2nd floor
• storage
Zoning - NB -neighborhood business zoning.
Conditional use permit
Site size - 57.463 sq. ft.
Site coverage - 8.042 sq. ft. (140/6)
Building Area - 9.708 sq. ft.
Landscape Coverage 17,451 sq. ft. (30.4%)
Building Height
• 2 stories at retail area/offices
• 1 story at service bays
• Top of parapet high roof elevation, approximately +30 '-0 "
• Top of parapet low roof elevation, approximately + 18'-4 "
Site parking -
• Total required: 43 ( Service - 24. Office - 10, Retail - 5, Storage - 4)
• Total provided: 44
,.i
Walsh Bishop :1s>? gates /? 06 I702
..
I,?r
F'aLall I ill' & .\ulo Scr\ Ice
C it,. of F-acan. ',IN
Condillonal l',?c Permit
Code Analysis
Applicable codes
1997 Uniform Building Code (UBC)
State of Minnesota Building Code Amendments
Americans with Disabilities Act (ADA)
National Electrical Code (NEC)
National Fire Protection Association (NFPA)
Life Safety Code -Latest Edition (NFPA 101)
Uniform Fire Code -Latest Edition (UFC)
Note: All references are to UBC unless otherwise noted.
Building Classification
Occupancy Group
Mixed Occupancy - B, M, S3
Occupancy Separation
B-M none
B-S3 I Hr
M-S3 1 Hr
Construction Type
Type 5 - N Fully Sprinklered
Building Limitations
Allowable building height: 2
Walsh Bishop Associates 00 17 02
1`?
Iaean I in., & .\uto Service
O t\ of I.wan. MN
Conditional I.',;e Permit
.AIlrnw able building area: 8,000 sq. ft. basic allowable B, M. S3
!Multi story increase, double (16.0(Xl sq. ft.)
Development Impact
The proposed facility would complete the Diffley Square campus at the corner of Diffley
Square and 1-35E. The lot is currently vacant with front yard exposure to Diffley Road. The
lot's location off I-35E at the heart of the Eagan business district makes it ideally suited for
this development.
The local area is dominated by office buildings, warehouse/office locations, retail and
housing. The lot offers easy access to the interstate and the rest of Eagan, Burnsville and
Mendota Heights business communities.
The project will be developed to integrate with the existing properties. The adjoining
properties should not be affected by the development. The development will bring additional
service opportunities to these areas.
All site utilities such as water, sewer and roads are currently available to the site. Construction
will be limited to the proposed vacant lot.
The development of this facility should provide additional tax benefits for the City: it should
also provide additional customer traffic to the surrounding businesses and services alone with
increased service conveniences for the city of Eagan visitors and residents.
Walsh Bishop Associates / 06 17 02
0>-
TIRE SERVICE
Addendum to Narrative for Diffley Square Property
We are relocating a Tire and Auto service facility that has been at 3999 Cedarvale
Drive for 32 years. This store is the corporate headquarters for a four store company
that also houses a rental car business (Express Rent A Car) at the locations. The
rental car business is primarily used for customer convenience. This location is used
as the corporate office for the rental car company.
Jim Cooper's Eagan Tire & Auto Service does complete professional service
for autos and light trucks. We specialize in 4 wheel alignments, tune-ups, brake
service, shocks and struts, exhaust systems, air conditioning and transmission
service. We have been in the cedarvale area for 32 years and under the threat of
condemnation.
We are asking to build a 10 service bay facility so we can expand our
services for some vehicles we cannot do alignments for and to fit the new
diagnostic equipment into. We are also the headquarters for 3 other tire and auto
service centers and we are asking to build a 2 story building with tire and parts
storage like we have now so we can fit our 2 level racking in the warehouse.
Also, we are asking to put offices over the sales showroom for handling the
business for the 4 locations. We had to cut our showroom in half at the cedarvale
location for offices and we cannot expand our building there.
/ 9c?__
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
OLO
-NEW BUSINESS
A. CONSIDER MAC PROPOSAL REGARDING JOINT AIRPORT ZONING
BOARD INDEMNIFICATION
ACTION TO BE CONSIDERED:
To consider the proposal from the Metropolitan Airports Commission staff regarding
indemnification of MSP Joint Airport Zoning Board (JAZB) representatives.
FACTS:
• During consideration of JAZB issues on June 18, 2002, the City Council directed its
representatives to abstain from future action at JAZB meetings until such time as the
Metropolitan Airports Commission had sufficiently addressed the liability exposure
and indemnification of cities for participation on the Board.
• At the JAZB meeting on June 20, 2002, Eagan made a motion to adjourn the Board
meeting and cancel all future meetings until such time that MAC had addressed the
issues of concern. Richfield seconded the motion. Although the motion was
defeated, Board members from all communities expressed similar concerns and the
MAC attorney was directed to convene a meeting of city attorneys to forge an
agreement. City Attorney Dougherty participated in these discussions.
• MAC General Counsel Thomas Anderson has drafted a proposed resolution for the
MAC Commissioners to consider in August. City Attorney Dougherty indicated that
the proposal is acceptable.
• The next meeting of the JAZB will occur prior to the Commission review of the
proposal. Since the Council's direction in June, Eagan representatives have abstained
from all votes related to JAZB deliberations.
• Staff is seeking Council's authorization to proceed with the assumption that MAC
will adopt the resolution. Items to be considered at the next meeting are not likely to
be issues that potentially expose the City in the absence of MAC's approval of the
resolution.
ATTACHMENTS:
• Proposed Resolution of Defense and Indemnification concerns is attached on pages
M through 1,•
173
MEMORANDUM
TO; Attorneys for Joint Airport Zoning Board Members
FROM: Thomas W. Anderson, General Counsel (612-726-8178)
SUBJECT: Proposed Resolution of Defense and Indemnification concerns
DATE: July 17, 2002
At the meeting on July 2, attorneys for members of the Joint Airport Zoning Board ("JAZB")
asked MAC staff to agree to fund the defense and indemnification of any individual Board
member sued as a result of the JAZB process and to indemnify all participating entities if the
ordinance contains certain provisions acceptable to MAC. In addition, the attorneys suggested
that any ordinance adopted contain a provision that would automatically rescind the ordinance,
if found unconstitutional, with potential for readoption by a positive vote of the JAZB.
MAC staff has reviewed these suggestions and has the following response. All provisions are
being proposed with the understanding that they would be subject to approval by the MAC
Board of Commissioners.
MAC would fund the defense and indemnification of any individual JAZB
member sued as a result of the JAZB ordinance adoption process. This defense
and indemnification would only cover individuals and would be subject to
exceptions for malfeasance, self dealing and the like.
This is based on our belief that there is absolute immunity for public officials
when enacting legislation. However, these individuals are not acting under the
control of MAC and the policy decision of whether this indemnification would be
granted is up to the MAC Commission.
2. Any ordinance adopted by the JAZB would contain a provision that, if the
ordinance is found unconstitutional, the ordinance would be rescinded
automatically unless readopted by a positive vote of the JAZB. The readoption
would occur at a meeting of the JAZB and would be subject to the consent of
MAC or designated representatives of MAC.
3. MAC staff recommend that MAC would indemnify all participating entities for
the act of adopting the ordinance if the JAZB proposes an ordinance that is
19?
__..____E/Z 'd_8ti29 'ON__ DIddO 3AII1D3X3 3V Ab85:01 ZOOZ 'L1 '101"
Attorneys for JAZB Members
July 16, 2002
Page 2
acceptable to MAC (including any changes proposed by the Commissioner of
Transportation). MAC would provide comments on the draft ordinance so that
its position is a matter of record.
Until MAC knows precisely what ordinance is being adopted, it is impossible to
assess the risks associated with the indemnification of the participating JAZB
entities.
4. MAC would agree to defend and indemnify participating entities and zoning
administrators for administration of the ordinance, assuming the ordinance that
was adopted is acceptable to MAC and the administering entity properly follows
the provisions of the ordinance. However, MAC would not be responsible for a
cities' actions if the city does not properly follow the requirements set forth in
the ordinance.
Prun%WmeeeeJJAZ leg i eounL from Tom 4u(y 2=.doe
/75
E/E 'd__8ti89 'ON 3DI3?O 3AI1n33X3 OVA OSS:OI ZOOZ 11 ,11r
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
OLD
'i"QEFtl'BUSINESS
B. CONSIDER AIRPORT RELATIONS COMMISSION
RECOMMENDATIONS ON JOINT AIRPORT ZONING BOARD
ACTION TO BE CONSIDERED:
To consider the recommendations of the Eagan Airport Relations Commission related to
the MSP Joint Airport Zoning Board.
FACTS:
This issue was previously before the Council on June 18, 2002. The City Council
deferred consideration of the ARC recommendations until the indemnification issues
had been satisfactorily addressed by the Metropolitan Airports Commission.
The ARC recommendations being considered relate to land use guidelines, surface
and approach zones, and other issues within the scope of its authority.
The ARC has received regular updates on JAZB deliberations. At its meeting on June
11, the ARC approved a motion on a 4-3 vote to recommend the City Council take the
following positions:
? The City should support the Minnesota Department of Transportation proposal
for no changes in boundaries, height restrictions or the land use provisions in
the present law and that engine-out criteria be added to the statute.
? The City should support the maximum safety provisions of the law and,
therefore:
1) the provisions of the law should apply to all runways at all times and there
should be no erosion of the protection based on use or other mitigating
circumstances;
2) engine-out criteria should be applied to all runways; and
3) HNTB (technical planning consultant to MAC) do research on engine-out
accident/incident and directional control of aircraft and possibly expand .
engine-out criteria beyond the limits of the present RPZ and state zones 1
and 2
• Staff will provide a brief visual presentation of relevant maps, a brief explanation of
issues, and a brief summary of positions by other communities regarding these issues.
• The next step is for the JAZB to authorize the draft document be distributed for a
public comment period. The next meeting of the JAZB is August. 15, 2002.
ATTACHMENTS:
• Draft document is attached on pages/through/3.
/76
DRAFT
JULY 25, 2002
Minneapolis- St. Paul International Airport
(Wold-Chamberlain Field)
Zoning Ordinance Amendment
Proposed and Adopted by
Wold-Chamberlain Field
Joint Airport Zoning Board
on 2002
197
CONTENTS
INTRODUCTION ----------------------------------------------------------------------------- 1
SECTION I RUNWAY DEFINITION ---------------------------------------------- -- 1
SECTION II. AIRSPACE OBSTRUCTION ZONING ---------------------------- -- 2
A. Airspace Zones -------------------------------------------------- -- 2
1. Primary Zone ------------------------------------------------- -- 2
2. Horizonal Zone ------------------------------------------------ -- 3
3. Conical Zone ------------------------------------------------- -- 3
4. Precision Instrument Approach Zone -------------------- -- 3
5. Transitional Zone ---------------------------------------------- 4
6. One-Engine-Inoperative Departure Zone ------------------ 4
B. Height Restrictions ---------------------------------------------- 4
SECTION III. LAND USE SAFETY ZONING --------------------------------------- 5
A. Safety Zone Boundaries ----------------------------------------- 5
1. Safety Zone A -------------------------------------------------- 5
2. Safety Zone B -------------------------------------------------- 7
3. Safety Zone C -------------------------------------------------- 8
SECTION IV. ESTABLISHED RESIDENTIAL NEIGHBORHOODS -------------- 8
SECTION V. Technical Correction -------------------------------------------------- 9
SECTION VI. Technical Correction -------------------------------------------------- 9
SECTION VII. Use Restrictions ------------------------------------------------------- 9
B. Use Restrictions ------------------------------------------------- 9
1. General -------------------------------------------------------- 9
2. Safety Zone A ----------------------------------------------- 10
3. Safety Zone B ------------------------------------------------ 11
SECTION VIII. Boundary Limitations ------------------------------------------------ 14
SECTION IX. Airport Zoning Limits and Official Zoning Maps ---------------- 14
A. Airspace Zone Limits --------------------------------------- 14
B. Safety Zone Limits ------------------------------------------ 14
C. Official Zoning Maps --------------------------------------- 14
SECTION X. Effective Date -------------------------------------------------------- 15
/ "Ole
MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT
(WOLD-CHAMBERLAIN FIELD)
ZONING ORDINANCE AMENDMENT
PROPOSED BY THE
WOLD-CHAMBERLAIN FIELD JOINT AIRPORT ZONING BOARD
AN ORDINANCE AMENDMENT TO THE ZONING ORDINANCE ADOPTED IN 1984
("MSP ZONING ORDINANCE") THAT REGULATES AND RESTRICTS THE HEIGHT OF
STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE
REGULATES THE USE OF PROPERTY IN THE VICINITY OF THE MINNEAPOLIS-ST.
PAUL INTERNATIONAL AIRPORT (WOLD-CHAMBERLAIN FIELD); TO INCORPORATE
ZONING FOR THE NEW RUNWAY 17-35 AND THE EXTENSION OF THE 22-END
(MINNEAPOLIS/ST. PAUL) OF RUNWAY 4-22; TO REFLECT THE REDESIGNATION
OF RUNWAYS 11L - 29R AND 11R - 29L; TO INCORPORATE THE ONE-ENGINE
INOPERATIVE SURFACE; TO MAKE TECHNICAL CORRECTIONS; AND TO UPDATE
OTHER PROVISIONS OF THE MSP ZONING ORDINANCE.
IT IS HEREBY ORDAINED BY THE WOLD-CHAMBERLAIN FIELD JOINT AIRPORT ZONING
BOARD PURSUANT TO THE AUTHORITY CONFERRED BY MINNESOTA STATUTES 360.061
- 360.074, THAT CERTAIN IDENTIFIED SECTIONS OF THE MSP ZONING ORDINANCE BE
AMENDED AS FOLLOWS:
SECTION 1. RUNWAY DEFINITION
The definition of "Runway" in Section III. of the MSP Zoning Ordinance is amended to
read
"RUNWAY" means any existing or planned paved surface or turf-covered area of the
airport which is specifically designated and used or planned to be used for the landing
and/or taking off of aircraft. The individual runways at Minneapolis-St. Paul
International Airport (Wold-Chamberlain Field) are referred to in this ordinance based
on the compass direction of landing aircraft as follows:
Runway 12L-30R: An 8,200 foot runway. The 12L-End is the end closest to
the city of Minneapolis. The 30R-End is the end closest to
the cities of Mendota and Mendota Heights.
Runway 12R-30L: A 10,000 foot runway. The 12R-End is the end closest to
the city of Minneapolis. The 30L-End is the end closest to
the city of Eagan.
m
Runway 4-22: An 1 1 006 foot runway with a planned extension to 12,006
feet. The 4-End is the end closest to the cities of
Bloomington and Richfield. The 22-End is the end closest
to the cities of Minneapolis and St. Paul.
Runway 17-35: An 8,000 foot runway. The 17-End is the end closest to the
city of Minneapolis. The 35-End is the end closest to the
city of Bloomington.
SECTION II. AIRSPACE OBSTRUCTION ZONING
Section IV. A. of the MSP Zoning Ordinance is amended to read:
A. AIRSPACE ZONES: In order to carry out the purpose of this Ordinance, as set
forth above, the following airspace zones are hereby established: Primary
Zone, Horizontal Zone, Conical Zone, Approach Zone, Precision Instrument
Approach Zone, and Transitional Zone and One-Engine-Inoperative Departure
Zone and whose locations and dimensions are as follows:
1. PRIMARY ZONE: All that land which lies directly under an imaginary
primary surface longitudinally centered on a runway-6 extending 200 feet
beyond each end of Runways 12L - 30R, 12R - 30L, 4 - 22, and 17 - 35,
and having a width of 1,000 feet subject to zoning authority limits in
Section VI. The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway centerline.
/PD
2. HORIZONTAL ZONE: All that land which lies directly under an imaginary
horizontal surface
height of that is 991 feet above mean sea level, the perimeter of which is
constructed by swinging arcs of specified radii from the center of each
end of the primary surface of each runway and connecting the adjacent
arcs by lines tangent to those arcs-, subject to zoning authority limits in
Section VI. The radius of each arc is a. 10,000 feet for Runways 4a-h--
29R, 41R 29L nd4 22. 12L - 30R, 12R - 30L, 4 -22, and 17 -35.
3. CONICAL ZONE: All that land which lies directly under an imaginary
conical surface extending upward and outward from the periphery of the
horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000
feet as measured radially outward from the periphery of the horizontal
surface-, subject to zoning authority limits in Section VI.
4. PRECISION INSTRUMENT APPROACH ZONE: All that land which lies
directly under an imaginary precision instrument approach surface
longitudinally centered on the extended centerline at each end of
Runways 4-4-L 29R, 14R 29L and 4 22. 12L - 30R, 12R - 30L, 4 - 22, and
17 - 35, subject to zoning authority limits in Section VI. The inner edge
of the precision instrument approach surface is at the same width and
elevation as, and coincides with, the end of the primary surface. The
precision instrument approach surface inclines upward and outward at a
slope of 50 to 1 for a horizontal distance of 10,000 feet expanding
uniformly to a width of 4,000 feet, then continues upward and outward for
an additional horizontal distance of 40,000 feet at a slope of 40 to 1
expanding uniformly to an ultimate width of 16,000 feet.
%gi
5. TRANSITIONAL ZONE: All that land which lies directly under an
imaginary transitional surface extending upward and outward at right
angles to the runway centerline and centerline extended at a slope of 7
to 1 from the sides of the primary surfaces and from the sides of the
approach surfaces until they intersect the horizontal surface or the
conical surface, subject to zoning authority limits in Section VI.
Transitional surfaces for those portions of the precision instrument
approach surface which project through and beyond the limits of the
conical surface, extend a distance of 5,000 feet measured horizontally
from the edge of the precision instrument approach surface and at right
angles to the extended precision instrument runway centerline.
6. ONE-ENGINE-INOPERATIVE DEPARTURE ZONE: All that land which lies
directly under an imaginary one-engine-inoperative departure surface extendin
from the end of the primary surface of Runways 12R-30L, 12L-30R and the 35-
End (Bloomington) of Runway 17-35 at a slope of 62.5 to 1, subject to zoning
authority limits in Section VI. The width of this surface is 600 feet at the end of
the primary surface and extends at that width for 800 feet, at which point the
surface expands uniformly on each side at a ratio of 10 to 0.875 to the zonina
authority limits
B. HEIGHT RESTRICTIONS: Except as otherwise provided in this Ordinance, and
except as necessary and incidental to aAirport operations, no structure or tree
shall be constructed, altered, maintained, or allowed to grow in any airspace
zone created in Subsection IV_ A. so as to project above any of the imaginary
airspace surfaces described in said Subsection IV. A. hereof. Where an area is
covered by more than one height limitation, the more restrictive limitations shall
prevail.
%Sa-
SECTION III. LAND USE SAFETY ZONING
Section V. A., subsections 1, 2 and 3 of the MSP Zoning Ordinance are amended to
read:
A. SAFETY ZONE BOUNDARIES: In order to carry out the purpose of this
Ordinance, as set forth above and also, in order to restrict those uses which
may be hazardous to the operational safety of aircraft operating to and from
Minneapolis-St. Paul International Airport (Wotd-Chamberlain Field), and
furthermore to limit population and building density in the runway approach
areas, thereby creating sufficient open space so as to protect life and property
in case of an accident, there are hereby created and established the following
land use safety zones:
1. SAFETY ZONE A: All land in that portion of the precision instrument
approach zones of a runway, as defined in Subsection IV. A. hereof,
which beginning at the end of the primary surface at a width of 1,000
feet and extending outward diGlaRGe Shall be d8fiA as follows:
a. RUNWAY 4-22
a-(1) 4-END (Bloomington/Richfield): a distance of 4 ,6672,500
feet outward from apoint 200 feet out from the 2,750 feet
:and expanding uniformly to an
ultimate width of 1 ,750 feet (which is coincident with the FAA
193
Runway Protection Zone) for the 4-End (Bloomington/Richfield) of
G-b
Runway 4-22;
b-(2) 22-END (Minneapolis/St. Paul) a distance of 1,6672.500
feet out and from ap9iRt200 feet feet out fromthe 1,759 foot
for Runway 22;and expanding uniformly to an
ultimate width of 1,750 feet (which is coincident with the FAA
Runway Protection Zone for this Runway) for the 22-End
(Minneapolis/St. Paul) of Runway 4-22;
RUNWAY 12L-30R:
(1) 12L-END (Minneapolis): a distance of 4,667 feet outward
and expanding
uniformly to an ultimate width of 2,400 feet for the 12L-End
(Minneapolis) of Runway 12L-30R;
e-(2) 30R-END (Mendota/Mendota Heights): a distance of 4,667
feet
2.8-hand expanding uniformly to an ultimate width of 2,400 feet for
the 30R-End (Mendota/Mendota Heights) of Runway 12L-30R;
RUNWAY 12R-30L:
(1) 12R-END (Minneapolis): a distance of 4,667 feet wand
expanding uniformly to an ultimate width of 2,400 feet for the 12R-
End (Minneapolis) of Runway 12R-30L;
(2) 30L-END (Eagan): a distance of 4,667 feet
and expanding
/15'
uniformly to an ultimate width of 2,400 feet for the 30L-End
(Eagan) of Runway 12R-30L;
g-d. RUNWAY 17-35:
(1) 17-END (Minneapolis): a distance of 4,667 feet and
expanding uniformly to an ultimate width of 2,400 feet for the 17-
End (Minneapolis) of Runway 17-35; and
(2) 35-End (Bloomington): a distance of 2,500 feet and
expanding uniformly to an ultimate width of 1,750 feet (which is
coincident with the FAA Runway Protection Zone for this Runway)
for the 35-End (Bloomington) of Runway 17-35.
2. SAFETY ZONE B: All land in that portion of the precision instrument
approach zones of a runway, as defined in Subsection IV. A. hereof,
which extends outward from Safety Zone A for the following distance,
begins at the same width as the end of Safety Zone A, and expands
uniformly to an ultimate width of 3,100 feet :
a. RUNWAY 4-22:
a-(1) 4-END (Bloomington/Richfield): 2,3331 500 feet for the 4-
End (Bloomington/Richfield) of Runway 4-22:
b-L?l 22-END (Minneapolis/St. Paul): 2,3334,500 feet for the 22-
End (Minneapolis/St. Paul) of Runway 4-22;
b. RUNWAY 12L-30R:
c. 2,333 feet for Runway 1 1 R;
d.(1) 12L-END (Minneapolis): 2,333 feet for the 12L-End
(Minneapolis) of Runway 4412L-30R-
-7-
s
e.- 30R-END (Mendota/Mendota Heights): 2,333 feet for the
30R-End (Mendota/Mendota Heights) of Runway 2-8-612L-30R;
c. RUNWAY 12R-30L:
(1) 12R-END (Minneapolis): 2,333 feet for the 12R-End
(Minneapolis) of Runway 12R-30L,-
f-.-(2) 30L-END (Eagan): 2,333 feet for the 30L-End (Eagan) of
Runway 2-Q 12R-30L;
d. RUNWAY 17-35:
(1) 17-END (Minneapolis): 2,333 feet for the 17-End
(Minneapolis) of Runway 17-35:
(2) 35-END (Bloomington): 4,500 feet for the 35-End
(Bloomington) of Runway 17-35.
3. SAFETY ZONE C: All that land which is enclosed within the perimeter of
the horizontal zone, as defined in Subsection IV. A. hereof, and which is
not included in Safety Zone A or Safety Zone B.
SECTION IV.. ESTABLISHED RESIDENTIAL NEIGHBORHOODS
[In Section V. A., Subsection 4 will be modified to account for all additions and
deletions of affected residential neighborhoods at both ends of Runway 4-22 and the
17-End (Minneapolis) of Runway 17-35. Legal descriptions are being prepared by
URS/BRW and will be available for the public hearing.)
-8-
6
SECTION V. TECHNICAL CORRECTION
In Section V. A., Subsection 4. of the MSP Zoning Ordinance, the heading for b. is
amended to read: 12L-End (Minneapolis) of Runway 12L-30R.Runway 411=, Saamcast
Approach.
SECTION VI. TECHNICAL CORRECTION
In Section V. A., Subsection 4. of the MSP Zoning Ordinance, the heading for c. is
amended to read: 12R-End (Minneapolis ) of Runway 12R-30L.
Approach.
SECTION VII. USE RESTRICTIONS
are-
Section V. B., Subsections 1, 2 and 3-ie-amended to read:
B. USE RESTRICTIONS:
1. GENERAL: Subject at a-6Lall times to the height restrictions set forth in
Subsection IV. B., no use shall be made of any land in any of the safety
zones defined in Subsection V. A. which creates or causes interference
with the operations of radio or electronic facilities on the &Airport or with
radio or electronic communications between aAirport and aircraft, makes
it difficult for pilots to distinguish between aAirport lights and other
lights, results in glare in the eyes of pilots using the aAirport, impairs
visibility in the vicinity of the aAirport, or otherwise endangers the
landing, taking off, or maneuvering of aircraft.
%g 2
2. SAFETY ZONE A:
a. RUNWAYS 12R-30L, 12L-30R AND THE 17-END (MINNEAPOLIS)
OF RUNWAY 17-35: Subject at all times to the height restrictions
set forth in Subsection IV. B. and to the general restrictions
contained in Subsection V. B. 1_ areas designated as Safety Zone
A for Runways 12R-30L, 12L-30R and the 17-End (Minneapolis) of
Runway 17-357 shall contain no buildings, temporary structures,
exposed transmission lines, or other similar above-ground land
use structural hazards, and shall be restricted to those uses which
will not create, attract, or bring together an assembly of persons
thereon. Permitted uses may include, but are not limited to, such
uses as agriculture (seasonal crops), horticulture, animal
husbandry, raising of livestock, wildlife habitat, light outdoor
recreation (nonspectator), cemeteries, and auto parking.
b. RUNWAY 4-22 AND THE 35-END (Bloomington) OF RUNWAY 17-
35: Subiect at all times to the height restrictions set forth in
Subsection IV. B., and to the general restrictions contained in
Subsection V. B. 1., areas designated as Safety Zone A for
Runway 4-22 and the 35-End (Bloomington) of Runway 17-35 shall
contain no buildings, temporary structures, exposed transmission
lines, or other similar above-ground land use structural hazards or
trees or other vegetation that is of a size and thickness sufficient
to interfere with aircraft moving along the ground. Uses shall be
restricted to those land uses and structures approved by the
Metropolitan Airports Commission.
)108'
3. SAFETY ZONE B:
a. RUNWAYS 12R-30L, 12L-30R AND THE 17-END (Minneapolis) OF
RUNWAY 17-35: Subject at all times to the height restrictions set
forth in Subsection IV_ B_, and to the general restrictions
contained in Subsection V. B. 1., areas designated as Zone B for
Runways 12R-30L, 12L-30R and the 17-End (Minneapolis) of
Runway 17-35 shall be restricted in use as follows:
a-(1) Each use shall be on a site whose area shall not be less
than three acres.
t-(2) Each use shall not create, attract, or bring together a site
population that would exceed 15 times that of the site
acreage.
G--.(3) Each site shall have no more than one building plot upon
which any number of structures may be erected.
d-(4) A building plot shall be a single, uniform and non-contrived
area, whose shape is uncomplicated and whose area shall
not exceed the following minimum ratios with respect to the
total site area:
Site Area But Less Ratio of Site Building Max. Site
at Least Than Area to Bldg. Plot Area Population
(acres) (acres) Plot Area (sq. ft) (15 persons/A)
3 12:1 10,900 45
4 12:1
4 10:1 17,400 60
6 10:1
6 8:1 32,700 90
10 8:1
10 6:1 72,600 150
%89
Site Area But Less Ratio of Site Building Max. Site
at Least Than Area to Bldg. Plot Area Population
(acres) (acres) Plot Area (sq. ft) (15 persons/A)
20 6:1
20 and up 4:1 218,000 300
e-(5)-Density, Site Population Transfer
Both allowable building area lot coverage and allowable
site population may be transferred from adjacent parcels,
within any given Safety Zone BR Zone, where the Zoning
Administrator finds said parcels to be in permanent open
space use. Land determined by the Zoning Administrator to
be in permanent open space shall be subject to the use
restrictions set forth in Subsection V. B. 2. For the
purposes of this provision, the permanent open space for
the RuRway 30R-End (Mendota/Mendota Heights) of
Runway 12L-30R shall be designated as indicated in
"Exhibit AB".
J4-. Determination of Transferable Building Area
For the purposes of the administration of this
section, all of the acreage determined to be in
permanent open space use shall be considered as a
single site. The ratio set forth in Section V. B. 3_ d_
shall then apply to determine the transferable
building plot area. In no case shall the transfer of
building plot area result in a development which
?
exceeds the maximum lot coverage and/or floor area
ratio set forth in the underlying zoning district.
(b)2-- Determination of Transferable Site Population
YA•
As in Subsection above, the entire developable
area found to be in permanent open space use shall
determine the site area for the determination of
transferable site population. The maximum site
population standard of 15 persons per acre shall be
applied to determine the transferable site population.
c)3- Distribution of Density Transfer
Distribution of density transfer shall be apportioned
by the Zoning Administrator based upon the
proportion of a particular parcel to the total
developable acreage within any given Safety Zone
BB ZeRz
€-u The following uses are specifically prohibited in Zone B:
Churches, hospitals, schools, theaters, stadiums, hotels
and motels, trailer courts, camp grounds, and other places
of frequent public or semi-public assembly.
b.g- RUNWAY 4-22 AND THE 35-END (Bloomington) OF RUNWAY 17-
35: Subject at all times to the height restrictions set forth in
Section VI. B. and to the general restriction contained in Section
V.B.1., all land uses are permitted in Safety Zone B for Runway 4-
22 and the 35-End (Bloomington) of Runway 17-35, except for the
following uses which are specifically prohibited: hospitals
13-
/ V
schools, amphitheaters, stadiums, nursing homes, and ponds or
other features which might attract waterfowl or other birds,
SECTION VIII. BOUNDARY LIMITATIONS
Section V. C. of the MSP Zoning Ordinance, entitled "Boundary Limitations" is deleted.
SECTION IX. AIRPORT ZONING LIMITS AND OFFICIAL ZONING MAPS
Section VI. of the MSP Zoning Ordinance is amended to read:
A AIRSPACE ZONE LIMITS: No airspace zone as established by Section IV. A.
shall extend more than two miles from the Airport Boundary under the precision
instrument approach surface or more than one and one-half miles from the
Airport Boundary outside the precision instrument approach surface. Exhibits B
and C hereto show these limits.
B. SAFETY ZONE LIMITS: No safety zone as established by Section V. A. shall
extend more than two-miles from the Airport Boundary under the precision
instrument approach surface or more than one-mile from the Airport Boundary
outside the precision instrument approach surface. Exhibits D and E hereto
show these limits.
C. OFFICIAL ZONING MAPS: The several zones herein established are shown on
the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning
Map (Exhibit A ) consisting of twenty-one plates two sheets ,
KiRg, Duvall, AndeFsei;, dated ApFil, !978 and revised Onteher 1983 (LaF;d Ure
prepared by
URS/BRW. Inc., dated 1 2002, attached hereto and made a part
/ 0/ w?.
hereof, which map, together with such amendments thereto as may from time to
time be made, and all notations, references, elevations, data, zone boundaries,
and other information thereon, shall be and the same is hereby adopted as part
of this Ordinance.
SECTION X. EFFECTIVE DATE
A. Except as herein amended, all the provisions of the MSP Zoning Ordinance
shall remain in full force and effect.
B. This Ordinance Amendment shall take effect on the day of
2002. Copies thereof shall be filed with the Commissioner of
Transportation, Division of Aeronautics, State of Minnesota, and the Register of
Deeds, Hennepin County, Minnesota. Passed and adopted after public hearing
by the Wold-Chamberlain Field Joint Airport Zoning Board this
day of ___________________, 2002.
Prasr.',.ss J.AZB J.AZB Amendment Drat 7-25.02doc
%93
Agenda Information Memo
August 6, 2002
C. STORM MITIGATION IMPROVEMENTS
PROJECTS 841, 842, 843 & 844
ACTION TO BE CONSIDERED: Receive update on remaining July 2000 Storm Mitigation
Improvements and:
1) Approve/Cancel Project 841 (Gibraltar Trail - Storm Mitigation Improvements) due to a lack of
funding,
2) Cancel Project 842 (Beacon Hill Road South - Storm Mitigation Improvements) due to a lack of
necessary easements,
3) Cancel Project 843 (Beecher Drive (Pond AP-40) - Storm Mitigation Improvements) due to a lack
of need, and
4) Approve/Cancel Project 844 (Forssa Way (Pond AP-47) - Storm Mitigation Improvements) and if
approved, authorize the preparation of detailed final plans and specifications for specified options.
FACTS:
• Project 841 storm mitigation improvements would include the separation of the existing Gibraltar
Trail storm sewer system from the rest of the Lexington Square development with the installation of a
new 42" storm sewer into Northview Park as was represented in the Preliminary Design Report issued
in April 2001 (PDR).
• Project 842 storm mitigation improvements propose an emergency overland swale or the installation
of an 18" emergency overflow storm sewer for the low point in Beacon Hill Road South as was
represented in the PDR.
• Project 843 storm mitigation improvements would include street intersection regrading at Blackhawk
Road and Beecher Drive to redirect overland drainage or grading a berm northwest of Pond BP-22 as
was represented in the PDR.
• Project 844 storm mitigation improvements propose temporary storage of diverted drainage within
Ridgecliff Park (Alternate 1), expansion of Pond AP-47 (Alternate 2), or the redirection of runoff
north of Covington Lane (Alternate 3) as presented in the Feasibility Report (October 2001).
• On April 26 and 27, 2001, the PDR was presented for the storm mitigation improvements being
considered for these various neighborhoods. At the close of each of these neighborhood meetings, the
City Council either continued consideration of the storm mitigation improvements (Projects 841 &
842) or authorized the preparation of feasibility reports (Projects 843 & 844). Construction plans and
easement acquisitions were authorized for Project 841 subject to receipt of additional funds.
• On June 19, the Council authorized the preparation of construction plans and easement acquisitions
for an overland swale for Project 842 subject to receipt of additional funds.
• On November 8, the feasibility reports for Project 843 and 844 were formally presented to the City
Council and the adjacent property owners at Public Hearings. Further consideration of both projects
was continued.
• All notices have been sent to all affected property owners informing them of this public hearing.
ATTACHMENTS:
• Memo, paged' through
• Letter to Residents, page/.
/9y
TO:
FROM:
DATE:
SUBJECT:
MEMO
-city of eagan
TOM COLBERT, PUBLIC WORKS DIRECTOR
RUSS MATTHYS, CITY ENGINEER
JULY 25, 2002
REMAINING JULY 2000 STORM MITIGATION IMPROVEMENTS
We are nearing the end of more than 2 years of monumental efforts by the City Council, city staff,
consultants and contractors, all with the incredible patience of the impacted residents and property
owners, to resolve the consequences of the July 7-9, 2000, Super Storm. I am pleased to state that
the diligence of all of those involved has resulted in what I believe to be the most complete storm
sewer system of any community in the metropolitan area, and likely the upper midwest.
As you will recall, the City Council held public meetings on April 26, 27 and 30, 2001, where the
preliminary design report (PDR) was presented for the storm mitigation improvements being
considered for the various neighborhoods. The City Council approved, denied or continued
consideration of the improvements proposed for each of the neighborhoods within the PDR. Of
the 9 areas that were neither approved nor denied, 4 improvement areas remain without final
council direction.
The purpose of this memorandum is to provide an update on these 4 improvement areas with the
hope of bringing all 4 of the areas to a final resolution. It is my expectation that the information
provided would inform the City Council adequately to enable a final decision at an upcoming
council meeting.
I PROJECT NO. 841 - GIBRAL TOR TRAIL
Low entry elevations for the 9 homes impacted by the July 2000 Storm meet the City's
accepted standards for freeboard for the 1% storm event (low entry 2' above 1% high
water level (HWL)) in accordance with the PDR. Flooding of residences within this area
occurred as a result of the 1987 Super Storm. Storm drainage improvements after the
1987 Super Storm were designed and constructed to meet flood protection criteria for the
1% rainfall event.
Additional drainage improvements would be required to protect homes for a repeat of the
July 2000 storm event. Improvements would include the separation of the existing storm
sewer system for the drainage area from the rest of the greater Lexington Square
development via the installation of a new 42" storm sewer into Northview Park.
Action on April 26, 2001, authorized the preparation of construction plans and
specifications for the solicitation of contractors' bids with the understanding that the
consideration of awarding said improvements would be based on the availability of
adequate funding which had not yet been determined. Improvements were included as
/95•
part of plans for Contract 01-15. A proposal bid from Barbarossa and Sons, Inc.,
(contractor awarded Contract 01-15, for Project 841 improvements) was $249,708.
Council Action Required: Need to determine if Project 841 improvements as proposed
and bid should be constructed or not.
PROJECT NO. 842 -BEACON HILL ROAD SOUTH
Low entry elevations for the 2 homes impacted by the July 2000 Storm meet the City's
accepted standards for freeboard for the 1% storm event (low entry 2' above 1% HWL)
in accordance with the PDR. Drainage improvements would be required to protect area
homes for a repeat of the July 2000 storm event. The cost estimates for optional
additional improvements in the PDR included an emergency overland swale for $13,000
or the installation of an 18" storm sewer for $44,000.
Action on April 27, 2001, continued the consideration of approving said improvements to
the June 19, 2001, regular council meeting. At said council meeting, the Council
indicated interest in the overland swale option and authorized the preparation of
construction plans and easement acquisitions subject to receipt of funds from the state
legislature.
The emergency overland swale construction proposed in the PDR has been reviewed with
the affected property owners at 4711 and 4715 Beacon Hill Road. It does not appear the
property owners are agreeable to granting easements to construct the overflow, which
includes removing pine trees and grading an overland swale with an approximate cut of
2.0'. If this project were to continue as proposed, it will require the acquisition of
easements through eminent domain/condemnation. The improvements for Project 842
have not been included as part of a previous contract proposal for bidding purposes.
Council Action Required: Need to determine if Project 842 improvements should
proceed as proposed in lieu of property owners' reluctance to grant easements.
PROJECT NO. 843 - BEECHER DRIVE (POND AP-40)
The low entry elevation for the home impacted by the July 2000 Storm did not meet the
City's accepted standards for freeboard for the 1% storm event (low entry 1.5' above 1%
HWL of Pond AP-40, required freeboard of 3.1') at the writing of the PDR. Two
changes have taken place since then that allow the residence to meet both the City's 1%
storm event freeboard requirement and the July 2000 Storm peak criteria.
Mn/DOT constructed improvements to eliminate overland drainage from the north
driveway of the Park and Ride onto Blackhawk Road at Beecher Drive. The elimination
of this runoff from the northern portion of the park and ride facility reduced the modeled
July 2000 Storm peak by 0.6'. The residents abutting Pond AP-40 preferred the
elimination of the overflow from the Mn/DOT Park and Ride and Blackhawk Road over
/96
eliminating the overflow from Pond BP-22 south of Beecher Drive at Pond AP-46 as
detailed in the PDR.
The owners of the impacted residence made improvements to the house and in the
process raised the low entry elevation by 0.7'. With the improvements constructed by
MnDOT in the park and ride, only an increase of 0.4' was needed to meet the City's
standard for freeboard. (See attached memo from Rich Brasch dated June 18, 2002)
Special maintenance improvements have been implemented for the storm sewer system
within Pond AP-40, including the removal of deposited sediments and the installation of
an improved outlet structure to prevent blockage of the outlet.
As a result of the improvement discussions with the neighborhood, the City may consider
additional improvements as part of a future street maintenance project. The improvement
would involve the reconstruction of the intersection of Beecher Drive and Walnut Lane to
eliminate storm water overflow traveling down Beecher Drive in to Pond AP-40. This
improvement would now increase the freeboard even more in excess of the City's
standards and July 2000 storm event and should be considered mainly for traffic calming
benefits.
Council Action Required: Cancel the Project 843 improvements due to the lack of need.
PROJECT NO. 844 - FORSSA WAY (POND AP-47)
Low entry elevations for the 4 homes impacted by the July 2000 Storm meet the City's
accepted standards for freeboard for the 1% storm event (low entry 2.6' above 1% HWL
of Pond AP-47) in accordance with the PDR and Feasibility Report dated October 2001.
Flooding of residences within this area apparently occurred as a result of the 1987 Super
Storm. No storm drainage improvements were constructed after the 1987 Super Storm
since they met flood protection criteria for the 1% rainfall event.
Additional drainage improvements would be required to protect homes for a repeat of a
July 2000 storm event. Improvements would include the delay of the runoff from within
the Pond AP-47 drainage area and the expansion of Pond AP-47.
Action on April 27, 2001, authorized the preparation of a feasibility report. Said report
was presented to the City Council at a public hearing on November 8, 2001. At the close
of the public hearing, the Council continued the consideration of Project 844 to allow the
exploration of alternative options to the three presented and the possible modification of
residents' homes.
City staff has discussed expanding the retention of the diverted drainage within Ridgecliff
Park (Alternate 1). The temporary storage capacity is limited due to the topography and
Park and Rec maintenance staff has expressed concerns about the impacts to the park and
recreation programming. The further expansion of the pond is impractical due to the
topography of the pond area. The feasibility report had proposed the greatest viable
/97
expansion of Pond AP-47 (Alternate 2). The redirection of runoff north of Covington
Lane (Alternate 3) is limited by the existing drainage area and would also be limited by
the retention capacity within Ridgecliff Park. Direct piping of a portion of the Pond AP-
47 drainage area to another drainage area would be contrary to city policy and very
expensive (Estimated cost to pipe to Johnny Cake Ridge Road storm sewer = $500,000).
Downstream limitations (including the potential flooding of homes) prevent rerouting or
increasing the size of the outlet pipe for Pond AP-47.
Special maintenance improvements have been implemented for the storm sewer system
within Pond AP-47, including the installation of an improved outlet structure to prevent
blockage of the outlet.
The improvements for Project 844 have not been included as part of a previous contract
proposal for bidding. The cost estimates in the PDR and feasibility report addressed the
following:
Alternate 1 Storm Water Retention in Ridgecliff Park $84,000
Alternate 2 Expand Pond AP-47 $96,000
Alternate 3 Storm Sewer Covington Lane/Karis Way $162,000
Due to the flooding impacts which still exist based on the July 2000 storm, residents
abutting Pond AP-47 are still reluctant to accept only the pond maintenance
improvements (outlet skimmer/minor pond cleaning). The storm water modeling
completed as part of the PDR has been further reviewed based on a recently completed
City field survey and the comparison of the 1992 topographic survey to the 1990
Stormwater Management Plan. The additional review confirms the results outlined in the
PDR and October 2001 Feasibility Report.
Council Action Required: Need to determine what if any options of Project 844
improvements as proposed should be approved for consideration of construction.
Please contact me with any questions.
E-- 0=??
City Engineer
Attachments: Project 844 Feasibility Report
/98
city of eci gcin
Report for
Forssa Way
(Pond AP-47)
Alternative Improvements
July 2000 Superstorm
City Project No. 844
' ?dQ.?:1li?G
A,
By .l
Date ..,•_
Ir.
EACAA.N ENC!NEERLIMC3 DE P 1.
Eagan, Minnesota
October 2001
File No. 49-00-109
>99
Bonestroo. Rosene. Anderhk and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer
Sonestroo and Employee Owned
Rosene Principals: Otto a Boneitroo PE • •4,rvin L Sorv,,ia PE • Glenn R Cook. PE • Robert G Schunicht PE
rr
rdon PE
A B
® y
Je
ou
&
Anderlik Senior Consultants gooert W Rosene PE • Joseph C Anderiik. PE • Richard E Turner PE • Sulam M Eberhn. CPA
Associate Principals: Keith A Gordon. PE • Robert R Ptefferte. PE • Frchard W Foster, PE • David 0 Loskota. PE
Associates Hark A Manion PE • Michael T Rautmann PE • Tea K Field. PE • Kenneth P Anderson. PE • Mark R Rotts. PE
Caved A Bonestroo M BA • Sidney P Williamson PE. LS • Agnes M Ring. MB A • Allan Rick Schmidt. PE
Engineers & Architects Thomas W Peterson PE • James R Maland. PE • Miles B Jensen PE • L. Pridhp Gravel set PE • Daniel J Edgerton. PE
Ismael Martinez PE • Thomas A. Syfko PE • Sheldon J. Johnson • Dale A Grove. PE • Thomas A Roushar. PE
Robert J Devely PE
Offices: St Paul, St Cloud. Rochester and Willmar. MN • Milwaukee WI • Chicago. IL
Website: www Donestroo corn
October 29, 2001
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55123
Re: Feasibility report on alternative improvements - Forssa Way (Pond AP-47)
July 2000 Superstorm
City Project No. 844
Our Project No. 49-00-109
Dear Mayor and City Council:
Attached is a feasibility report with an evaluation of an alternative improvement for the above-
referenced area. The report contains the following sections:
• Introduction/history
• Improvement Option(s) and Feasibility
• Discussion
• Easements and Permits
• Cost Estimate
• Project Schedule
An itemized cost estimate for the alternative is presented in Appendix A while the original write-
up for this area from the April 2000 Preliminary Design Report is presented in Appendix B.
As always, we are available to meet with the Council and/or City staff to discuss the contents of
the report.
Respectfully submitted,
O, ROSENE, ANDERLIK AND ASSOCIATES, INC.
;Z7 KT-V-?
Rich Brasch PROFESSIONAL CERTIFI
I hereby certify that this rep
Under my direct supervision
Registered Engineer under
Min
n ot?
4? -/9
Mark Hanson Date 10-29
aov
CATION
ort was prepared by me or
and that I am a duly
the laws of the State of
C??rioio?'\
-01 Reg. No. 14260
2335 West Highway 36 it St. P • 651-636-4600 • Fax: 651-636-1311
October 2001
Feasibility Study for Project 844
Area 6: Pond AP-47; Forssa Way; Covington Lane
Eagan, MN
INTRODUCTION/HISTORY
Pond AP-47 lies just north of the Lebanon Hills Regional Park within Ridge Cliff Park.
Four residences on Forssa Way adjacent to the pond were flooded in the July 2000 storm
event. Efforts to resolve the flooding caused by the July 2000 storm are complicated by
the location and topography of this pond.
Existing conditions, freeboard compliance/non-compliance information, and
improvements were discussed in the study titled "Preliminary Design Report - The Storm
of July 2000, Stormwater Drainage System Improvements and Cost Estimates" (April
2001) (See Appendix B). Additional improvements considered for AP-47 included
expansion of the pond's flood storage volume to the extent feasible. This expansion
would have increased the flood storage volume of Pond AP-47 by about 20% and
decreased the July 2000 peak water level in the pond by less than 1 foot. This
improvement would not eliminate the flooding problem however, but only reduce some
of the impact. The reduced peak water level would be below only one of the four
impacted residences' lowest entry elevation.
IMPROVEMENT OPTION AND FEASIBILITY
There are three improvements that could be considered to generate a significant decrease
in the July 2000 peak water elevation for Pond AP-47. They are:
1 Divert and retain runoff from Ridgecliff Park and Lebanon Hills
Regional Park. The area affected comprises about 9 acres of the
direct drainage of Pond AP-47. The water would be contained and
released slowly to Pond AP-47 by constructing several berms
within the park areas and holding diverted water behind an area
that is now used as a hockey rink.
2. Expand to the extent practical flood storage capacity in Pond AP-
47 by excavation/grading to the southwest of the pond. This
improvement would increase storage capacity in Pond AP-47 by
approximately 3 acre-feet or 20%.
3. Redirect runoff from the 3 acre drainage north of Covington Lane
adjacent to Karis Way. This runoff would be diverted to an area
behind the proposed berm in Ridgecliff Park for retention and
gradual release to Pond AP-47.
Figure 1 shows schematically these three alternative improvements.
aoi
''? ??_ ?• ter-- `•?- .?, 1 i ?. !i /i .t ',! ` ^ ?, ', ice, r'`. . j yr, . './•? N
CONSTRElCt. LOW POINT '?
.---? ° - -- OVINGTON Lg?1E/ >R
KARIS-WAY `J J ?. / _ \ ` % r 1
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\ • J ; ? ; ??? / / t/rte{ . t? .f- - { ter, t. J,
?-?,? { i ;?.? 1 '.STO?ibf.?r't + ,,f???/ ITS !.v =t .' I i "C
KATE NO: 3) 77
tT
o
i /
o r
0
OND
RIDGECLIFF PARK
??:
l PROPOSED RETAINED
POND \\ DRAINAGE
EXPANSION
? ? ?, • AREA TO
(ALTERNATE No. 2) POND AP-47
LEBANON HILLS (ALTERNATE No. 1)
REGIONAL PARK
MINOR i
POND AP-47 DRAINAGE BOUNDARY
as"
AP=47 COVINGTON LAJFORSSA WAY Bonestroo
R-osene
EAGAN, MINNESOTA G U R E 1 SON Anderlik 8
? " Associates
JULY 2000 STORM FLOOD ANAL Engineers a Architects
K:\49\ wg\4900109F32B.dwg 10/29/2001 10:04:38 AM CST
K:\49 OCTOBER 1, 2001 COMM. 49-00-109
A summary of the results of the original (Prelim. Design Report-April 2001) and
alternative improvements for Ponds AP-47 is presented in the following table.
Summary of Impacts for Improvement Alternatives (Pond AP-4
Existing ' Original Alt.-Imp.1 Alt Imps.l Alt. Imps.
Improvement only, and2 1,2,.and 3
Low entry = 4 homes: 941.9, 942.5, 942.9, and to 94 3.4
Normal Water Level _ 934.0 934.0 934.0 934.0 934.0
•1 % Hi Water Level 939.1 938.2 938.6 937.7 937.4
Freeboard? - Yes Yes Yes Yes Yes
7ul 2000 storm 944.0 943.3 943.2 942.5 942.1
July 2000 benchmark? No No No No No
(3 lowest (misses by (misses
houses still .6' for low by .2' for
flood) house) low house
The improvements are feasible from an engineering standpoint, and will decrease the
magnitude of the impact of a July 2000-type storm on the lowest houses. Alternative
Improvement 3 will not result in the protection of any additional homes however, and is
therefore not cost effective. A viable alternative would be to install a window well
around the low entry (a basement window) to raise the elevation of the entry by at least
0.2-feet. At the neighborhood meeting on October 30, 2001, the owner expressed a
willingness to do this.
DISCUSSION
Construction of alternative improvements 1 and 3 (berming and temporary ponding in
Ridgecliff Park) will have an impact on Ridgecliff Park which will need to be weighed
against the flood control benefits of the improvement alternatives. Construction of
Alternative Improvements I and 2 will provide protection to 3 of the 4 lowest homes for
a July 2000 - type storm.
EASEMENTS AND PERMITS
Permanent drainage and utility easements will be needed, as will temporary construction
easements.
X03
COST ESTIMATE
A detailed cost estimate for alternate improvements is provided in Appendix A and the
cost for the different alternate improvement combination is summarized in the table
below.
Summary of Costs for Alte rnative Improve ents (Pond AP-47)
Total Cost Additional Incremental Cost
Alternate Improvement 1 $84,000 N/A
Alternate Improvements I and 2 $180,000 $96,000
Alternative Improvements 1, 2, and 3 $342,000 $162,000
The estimated cost for constructing Alternative Improvement I only is $84,000, $180,000
for constructing both Alternative Improvements I and 2, and $342,000 for constructing
all three improvements. All costs include 10% for contingencies and 20% for indirect
costs.
PROJECT SCHEDULE
Present Draft Feasibility Report
Neighborhood Meeting
Public Hearing
If Project Approved
Approve Plan & Specifications
Open Bids/Award Contract
Project Completion
October 2, 2001
October 2001
November 8, 2001
Winter 2001/2002
Spring 2002
September 2002
aoy
city of cac?cin
Appendix A
aOs'
Area 6 - Pond AP-47 (Forssa Way / Covington Lane)
Alternate Improvement #1 - Ridgecliffe Park Storm Water Retention
Qty Item Description Unit Unit Price Total Price
1 Mobilization LS $5,000.00 $5,000
1 Traffic control LS $500.00 $500
1 Clear and grub LS $3,000.00 $3,000
200 Remove bituminous trail SY $5.00 $1,000
1,450 Common borrow for berm CY $10.00 $14,500
350 12' storm sewer, 0'-8' deep LF $30.00 $10,500
2 4' diameter storm sewer CBMH EA $1,600.00 $3,200
1 Connect to existing structure EA $1,000.00 $1,000
85 Aggregate base, Class 5 for trail TN $20.00 $1,700
30 Bituminous wear course, Type 41A for trail TN $80.00 $2,400
20 Sawing bituminous pavement LF $5.00 $100
300 Improved pipe foundation LF $3.00 $900
2 Structure marker EA $50.00 $100
2 Protection of catch basin, non-street EA $50.00 $100
10 Water for dust control 1000 GAL $20.00 $200
4,250 Sodding, type lawn SY $3.00 $12,750
460 Topsoil borrow (LV) CY $15.00 $6,900
Subtotal $63,900
+ 10% Contingencies $6,400
Construction Total Part A $70,300
+20% I ndirect Costs $14,100
Total Improvements - Part A $84,000
Alternate Improvement #2 - Pond AP-47 Expansion
Qty Item Description Unit Unit Price Total Price
1 Mobilization LS $5,000.00 $5,000
1 Clear and grub LS $10,000.00 $10,000
6,350 Pond Excavation CY $8.00 $50,800
1 Seeding AC $2,500.00 $2,500
300 Topsoil borrow (LV) CY $15.00 $4,500
Subtotal $72,800
+ 10% Contingencies $7,300
Construction Total Part B $80,100
+20% Indirect Costs $16,000
Total Improvements - Part B $96,000
Pond AP-4' t(1029)
a06
Alternate Improvement #3 - Karis Way / Covington Lane Storm Sewer
Oty Item Description Unit Unit Price Total Price
1 Mobilization LS $5,000.00 $5,000
1 Traffic control LS $2,000.00 $2,000
1 Clear and grub LS $500.00 $500
400 Remove concrete curb and gutter LF $5.00 $2,000
700 Remove bituminous pavement SY $3.00 $2,100
350 18' storm sewer, 0'-8' deep LF $45.00 $15,750
6 15' storm sewer, 0'-8' deep LF $40.00 $240
3 4' diameter storm sewer CBMH EA $1,600.00 $4,800
1 4' diamter storm MH EA $1,600.00 $1,600
1 2'x3' CB EA $1,000.00 $1,000
1 Connect to existing structure EA $1,000.00 $1,000
250 Common excavation - street CY $10.00 $2,500
350 Aggregate base, Class 5, 100% crushed TN $12.00 $4,200
90 Bituminous base course, Type 31 B TN $40.00 $16,000
65 Bituminous wear course, Type 41A TN $45.00 $31,500
35 Bituminous material for tack coat GAL $5.00 $3,500
400 D412 surmountable concrete curb and gutter LF $12.00 $4,200
60 Sawing Bituminous Pavement LF $5.00 $450
200 Improved pipe foundation LF $3.00 $105
1 Structure marker sign EA $50.00 $20,000
3 Protection of catch basin, street EA $50.00 $150
10 Water for dust control 1000 GAL $20.00 $200
2 Motor grader with operator HR $100.00 $200
850 Sodding, type lawn SY $3.00 $2,550
95 Topsoil borrow (LV) CY $15.00 $1,425
Subtotal $123,000
+ 10% Contingencies $12,300
Construction Total Part C $135,300
+20% Indirect Costs $27,100
Total Improvements - Part C $162,000
Total Part A - Ridgecliffe Park Storm Water Retention $84,000
Total Part B - Pond AP-47 Expansion $96,000
Total Part C - Karis Way / Covington Lane Storm Sewer $162,000
TOTAL IMPROVEMENTS $342,000
Pond AP-- st(l 029)
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city of ecicjcin
Appendix B
?DK
4.6.7 Forssa Way (Pond AP-47) - Figure 6.8
Issue(s): Four residences adjacent to Pond AP-47 flooded due to high water levels in pond
Category: 3 (Low entries are above freeboard elevation for the 1 % rainfall HWL)
Existing Conditions:
• Low Entries
• Home @ 941.9 - 943.4
• Normal Water Level - 934.0
• 1 % Rainfall High Water Level - 939.1
• Applicable Freeboard Criteria - Y2 pond "bounce" above HWL
o Required Freeboard - 2.6'
o Actual Freeboard - 2.8'
o Meets City Freeboard Criteria? - YES
• Emergency Overflow - N/A
• July 2000 Storm Peak - 944.0
Special Considerations: None.
Description of Basic Improvements: None needed.
Description of Additional Improvements: The improvement involves increasing the storage
capacity of Pond AP-47 by approximately 20% by re-shaping the pond. (Note: The
improvements will only reduce, not eliminate, the impact of a July 2000 type storm on adjacent
residences. Cost-effective improvement options for this pond that will protect all adjacent
residences from an extreme storm like that of July 2000 are not evident. Increasing the outlet
capacity and therefore the rate of discharge to either Pond AP-48 (downstream) or to Ponds
AP-15.11AP-15 (to the west) is inappropriate, since these ponds experienced flooding problems
during the July 2000 storm. Diverting discharge to the east to Johnny Cake Ridge Road and
Almquist Lake (Pond BLP-4) would be very expensive and utilize capacity in that part of the
system needed to address a Priority 2 street flooding problem in the Covington Lane area.
Further increases in the storage capacity of Pond AP-47 are limited by steep topography.)
Permanent drainage and utility easements covering some of the project area exist. However, it
is likely that additional permanent easements will be needed, as will temporary construction
easements.
Effect and Cost of Additional Improvements:
Normal Water Level - 934.0
• 1% Rainfall High Water Level - 938.2
• July 2000 Storm Peak - 943.3
• Improvement Cost - $78,000
Meets July 2000 Storm Benchmark? NO (Number of structures that would be
flooded drops from 4 to 3)
X05
Description of Special Maintenance: Because there is no effective EOF and the outlet of Pond
AP-47 is only a 12" diameter pipe, that portion of the pond near the outlet should be cleaned out
and a skimmer installed on the outlet to minimize the potential for plugging.
Cost: $7,000
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INFORMATIONAL NEIGHBORHOOD MEETING
MINUTES
PROJECT 844, FORSSA WAY
OCTOBER 30, 2001, 7:00 P.M.
STORM MITIGATION IMPROVEMENTS
Attendance: Russ Matthys, City Engineer; Mark Hanson, Rich Brasch, and Kevin Kimmes,
Bonestroo, Rosene, Anderlik & Associates, Inc.; 6 residents representing 5 properties.
A. Welcome and Introduction
• City Engineer Matthys gave an introduction and described the public
improvement process including the public hearing at the Council meeting on
Thursday, November 8.
B. Presentation
• Mark Hanson presented the proposed
alternatives. He explained the details
elevations and improvement costs.
improvements and explained the three
with a table of the associated flood
C. Questions/Comments
1. Why not dredge out the muck in the pond? Storm ponding storage is obtained
above NWL.
2. What if you dredge sediment to make pond deeper? Invert elevation of pipe
controls storage, not the material or space below NWL. During dry periods,
additional storage is available due to lower water level. Why don't you
permanently lower the water level? This would require lowering of existing
outlet pipes at significant cost due to depth and developed condition of area.
3. Explain the berm philosophy. How do berms in park hold water back for
seven hours? We had water in our house for seven hours. Water would be
detained adequately to prevent three of the four impacted homes from flooding in
a July 2000 equivalent storm.
4. Is it possible to berm around Pond AP-47 to increase storage? Yes, but it
poses problem for drainage from homes to ponds.
5. How about drain through berm with flap gate? We would still need to address
drainage after the flap gate closes.
6. What outlet size do the catch basins behind the proposed berms have? Catch
basins would be connected to existing storm sewer with 10 inch pipes.
at;--.
7. At our last meeting, we asked for 12-inch outlet pipe to be inspected. Has
outlet pipe for AP-47 been inspected? I believe so. Staff will verify. (Pipes
inspected 11-2-01, no blockage found)
8. What improvements are you doing downstream? Skimmers on outlet pipes for
Ponds AP-47 and AP-48 to prevent plugging.
9. Why can't we expand the pond enough to prevent all four homes from
flooding? Scrub trees in area west of pond. Significant impacts, expensive
clearing and grading. Don't increase storage space much when get into steep
slopes.
10.Can't we go further south with the pond? Impacts are increased to homes, City
Park, and Regional Park.
11.Can you tell us which houses have what elevations? Don't have that
information here. Will provide that to residents. (1722 Forssa Way- 943.4, 1726
Forssa Way- 942.5, 1730 Forssa Way- 941.9, 1734 Forssa Way- 942.9)
12.In how many projects have all homes been protected to meet July 2000
storm? Nearly all. Your area currently meets City Standards, but all areas with
approved projects have not met City Standards. Improvements to meet standards
typically satisfy July 2000 storm.
13.How can we meet City Standards and yet we still flooded? Explained
freeboard determination used in standards.
14.Does computer model take into consideration difference between paved area
and grass area? Yes. When ground is saturated it functions similar to
pavement.
15.I've raised my windows and made them smaller sized, to raise low-entry
elevation.
16.Can you come out to my house and tell me what I can do on my own? Yes
(Tom - 1730 Forssa Way)
17.Why not lower park area where hockey rink or ice skate rink is? Option that
we would need to work with the Parks Department on.
18.What about running storm sewer to Johnny Cake? Puts drainage into other
major drainage area. Cost benefit is limited, expensive to do with limited return.
19.How much storage capacity is there in pond? About 10 acre-feet. I don't
understand how berming will provide adequate storage.
G:RM,"O ITMISC/MINUTES/Proj.844 Forssa Way 10-30-01
ais
city of eagcin
July 23, 2002
PATRICIA E. AWADA
RE: JULY 2000 STORM MITIGATION IMPROVEMENTS
Mayor Council Consideration of Unresolved Area Improvements
Dear Property Owner:
PAUL BAKKEN
PEGGY CAR SON As you are aware, an extraordinary rainfall event in July 2000 impacted the City of
CYNDEE FIELDS Eagan. Many areas in the southern portion of the City sustained severe flooding.
Numerous homes were damaged with residents incurring substantial personal loss. The
MEG TILLEY City commissioned an engineering firm to prepare an evaluation of the rainfall event and
Council Members the City's storm drainage system serving the highly impacted areas. Public meetings
were held with the various neighborhoods impacted by the flooding to share the results of
the evaluation and to discuss the proposed resolutions. In response to this analysis, the
THOtvIAS HEDGES City Council has approved over $5 million in storm mitigation improvements.
City Administrator At the end of the public meetings held on April 26, 27 and 30, 2001, where the
preliminary design report was presented for the storm mitigation improvements being
considered for your neighborhood, the City Council either authorized the preparation of
feasibility reports or the further consideration of the proposed improvements upon
Municipal Center: available funding. The feasibility reports for some of these improvements have been
3830 Pilot Knob Road presented to the City Council. At this time, only special maintenance improvements have
been approved for the storm sewer system in your neighborhood or consideration of more
Eagan, MN 55122-189' extensive improvements has been continued for future action.
Phone: 651.681.4600
The City Council has been successful in securing $5 million of funding through our State
Fax: 651.681.+612 Legislature. However, this will not provide enough disaster relief to finance all of the
TDD: 651.454.8535 previously approved improvements to our drainage system. Additional funding
assistance has not been obtained to date, so the Council must evaluate any additional
proposed infrastructure improvements and their potential cost/benefits prior to approving
Maintenance Facility: them for future construction.
3501 Coachman Point
At the regular City Council meeting at 6:30 p.m. on Tuesday, August 6, 2002, final
Eagan, MN 55122 consideration of the potential improvement plans for your specific neighborhood will be
Phone: 651.681.4300 given. The City Council at this meeting may determine whether the proposed
improvements will be approved or cancelled. Auxiliary aids, such as sign language
Fax: 651.681.4360 interpreters, will be provided upon advance request of at least 96 hours. The City will
TDD: 651.454.8535 attempt to provide such aid with less notice.
Thank you for your continued patience and cooperation during this very important
www.ciryofeagan.com evaluation of the storm drainage mitigation options in your neighborhood.
Sincerely, Cc: Mayor and City Council
c/o Thomas Hedges, City Administrator
Thomas Colbert, Public Works Director
Russ Matthys, P.E. Mark Hanson, Consultant (BRAA)
THE LONE OAK TREE City Engineer G:RM/'02/Letters/Unresolved Storm Mitigation, 7-23-02
The symbol of strength
and growth in our
community
a/
Agenda Information Memo
August 6, 2002, Eagan City Council
VII. NEW BUSINESS
A. PLANNED DEVELOPMENT AMENDMENT - M & H PROPERTIES
ACTION TO BE CONSIDERED:
To approve a Planned Development Amendment to allow a pylon sign on property located at
4590 Scott Trail in the SE'/< of Section 30, subject to the conditions listed in the APC minutes.
FACTS:
• This site and the adjacent lot to the north were developed together and share parking. Each
lot is developed with a 12,000 s.ff, office building. The southwest corner of the site is
wooded and slopes down toward a pond to the east.
• The proposed pylon sign would serve the office building on this lot, as well as the office
building on the adjacent lot to the north (4580 Scott Trail). Consequently, the proposal is
also considered a request for off-site signage.
• The proposed sign location does not satisfy the minimum 300-foot spacing from the nearest
other pylon signs on the north side of Cliff Road, but appears to maximize the distance
between signs given the topographical'constraints of this lot.
• The pylon sign should be consistent in design with other pylon signs in this area north of
Cliff Road and an easement should be provided over Lot 1 benefiting Lot 2 for the off-site
sign.
• The Advisory Planning Commission held a public hearing on July 23, 2002, and
recommended approval of the Planned Development Amendment.
ATTACHMENTS (2):
July 23, 2002, APC Minutes, pages through
Staff Report, pages through A 33
o 1 '5400,0
City of Eagan
Advisory Planning Commission Meeting Minutes DRAFT
July 23,2002
Page 7
D. PLANNED DEVELOPMENT AMENDMENT - M&H PROPERTIES,
LLC
A Planned Development Amendment to erect a pylon sign on Lot 2, Block 1,
Cedar Cliff Commercial Park, located at 4590 Scott Trail in the SE '/4 of
Section 30.
Planner Dudziak introduced this item and highlighted the information presented in
the City Staff report dated July 18, 2002. She noted the background and history.
Curt Hoffman, M&H Properties, LLC representative requested that the signage be
calculated based on the elevation of the roadway.
Senior Planner Ridley explained that the Sign Enforcement Officer uses the average
measurement from the street and ground levels to determine the signage calculation.
He explained that the matter could be discussed at the time of sign permit application.
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.
Chairman Huusko stated the existing pylon signs are closer together than they
should be. He stated he would like to see that the sign is of equal or similar height
to that of the existing signs.
Member Nosbush asked if the northerly building were sold, would the off-site sign
still be in compliance.
Planner Dudziak explained that the sign would be in compliance if an easement
were created.
Member Gladhill moved, Member Nosbush seconded a motion to approve the
Planned Development Amendment to erect a pylon sign on Lot 2, Block 1, Cedar
Cliff Commercial Park, located at 4590 Scott Trail in the SE '/4 of Section 30
subject to the following conditions:
An Amendment to the Planned Development Agreement shall be executed and
recorded against the property at the Dakota County Recorder's office.
Recording of the Agreement must be completed prior to issuance of a sign
permit.
2. A sign permit must be obtained prior to installation of the sign.
ai6
City of Eagan
Advisory Planning Commission Meeting Minutes [ FT
July 23,2002
Page 8
A certified survey shall be provided that verifies the location of the proposed
site, its setbacks, and distances to the next nearest pylon signs on the north side
of Cliff Road. The sign shall be no closer than 235 feet to the auto mall sign to
the west, and no closer than 300 feet to the Blockbuster sign to the east. The
survey must be submitted before the Planned Development Amendment
Agreement is released for recording.
4. The applicant shall submit a sign easement agreement for review and approval
by the City Attorney prior to recording the Planned Development Amendment
Agreement.
5. The pylon sign shall be consistent in design with other pylon signs in this area
north of Cliff Road such that the sign is supported by two brick columns and the
sign message areas are internally lit. The brick shall be similar to the brick used
on the office building.
6. The applicant shall create a landscape bed around the base of the sign. A
landscape plan shall be submitted for staff review and approval prior to issuance
of the sign permit.
7. The pylon sign shall be set back at least 10 feet from all property lines, and shall
not exceed 27 feet in height.
8. The sign message area shall not exceed 125 sq. ft. on each side.
All voted in favor.
J/?
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 18, 2002
APPLICANT: M & H Properties, LLC
PROPERTY OWNER: M & H Properties, LLC
REQUEST: PD Amendment
LOCATION: 4590 Scott Trail
COMPREHENSIVE PLAN: O/S, Office/Service
ZONING: PD, Planned Development
SUMMARY OF REQUEST
CASE: 30-PA-06-06-02
HEARING DATE: July 23, 2002
APPLICATION DATE: June 19, 2002
PREPARED BY: Pamela Dudziak
Curt Hoffman, M & H Properties, is requesting approval of a Planned Development
Amendment to allow a pylon sign on property located at 4590 Scott Trail, legally described as
Lot 2, Block 1, Cedar Cliff Commercial Park 2"d Addition, in the SE'/4 of Section 30.
AUTHORITY FOR REVIEW
Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district,
the Planning Commission and the Council in the interests of carrying out the intent and purpose
of this Subdivision, shall determine whether or not such planned development amendment will:
1. better adapt itself to its physical and aesthetic setting and that of surrounding lands than does
development of the underlying zoning district;
2. be feasible for the owner and developer economically to complete according to proposed
plans;
benefit the community at large to a greater degree than would development of the underlying
zoning district."
BACKGROUND/HISTORY
The subject site was developed in the mid-1980's as one phase of the Cedar Cliff Planned
Development, which encompassed approximately 75 acres on the northeast corner of Cedar
Avenue and Cliff Road.
ass
Planning Report - M & H Properties
July 23, 2002
Page 2
EXISTING CONDITIONS
This site and the adjacent lot to the north were developed together and share parking. Each lot is
developed with a 12,000 s.f office building. The southwest corner of the site is wooded and
slopes down toward a pond to the east.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Single-family homes PD, Planned Development LD, Low Density
Residential
South Vacant; Driver Training LB, Limited Business; OS, Office/Service;
Center P, Park P, Park
East Senior Apartment R-4, Residential multiple HD, High Density
Residential
West Commercial uses; office PD, Planned Development RC, Retail Commercial;
OS, Office/Service
EVALUATION OF REQUEST
Description of Proposal - M & H Properties is requesting approval to install a pylon sign on
property at 4590 Scott Trail. The sign would serve the office building on this lot, as well as the
office building on the adjacent lot to the north (4580 Scott Trail). Consequently, the proposal is
also considered a request for off-site signage. In addition, the proposed sign location does not
satisfy the minimum 300-foot spacing from the nearest other pylon signs on the north side of
Cliff Road.
The applicant is requesting the pylon sign to increase visibility of these two office buildings from
Cliff Road. Currently, there are no freestanding signs on the site, and the building is set back 50
feet from Cliff Road. The sign is proposed to be located in location "B" on the site plan,
approximately 65 feet west of the east property line.
City Sign Code Requirements - City Code allows pylon signs to be up to 27 feet in height, and
contain a maximum of 125 s.f. in sign area on each side. In addition, the sign must be located at
least 10 feet from all property lines, and at least 300 feet from any other pylon sign on the same
side of the street. The City Code generally does not allow off-site signage, except in the instance
of an area identification sign.
2/9
Planning Report - M & H Properties
July 23, 2002
Compatibility with Surrounding Area - The applicant initially proposed a cabinet sign (Sign Plan
1). The cabinet design is out of character with the other pylon signs along this area of Cliff
Road. The pylon signs in the Park Center PD to the east (Blockbuster, Boston Market, Taco Bell
and Regal Cinemas), as well as the signs to the west (for the mall containing Waisted Auto
Service, the Cedar Cliff mall, and Dakota Bank) are all constructed with two side brick column
supports, with an internally lit cabinet for the sign message area. Staff discussed the design
compatibility issue with the applicant. Subsequently, additional sign plans were submitted --
one showing a brick base with a cabinet sign above (Sign Plan 3), and another showing brick side
columns with cabinet signs in between (Sign Plan 2).
The pylon sign should be consistent in design with other pylon signs in this area north of Cliff
Road such that the sign is supported by two brick columns and the sign message areas are
internally lit. The brick should be similar to the brick used on the office building.
Setbacks - A minimum setback of 10 feet from all property line is required. The sign is
proposed to be located approximately 65 feet from the east property line. There is 20 feet
between the Cliff Road right-of-way and the parking lot, so the proposed sign should be able to
meet the required 10-foot setback from Cliff Road.
Off-Site Signaue - These two office buildings are currently under the same ownership, were
developed at the same time as part of the same Planned Development and make use of a shared
parking arrangement. An argument could be made for shared signage in this case. The signage
proposed by the applicant would not strictly be an area identification sign. The sign contains the
development name and building numbers at the top, but the bulk of the sign area is proposed to
be for individual tenant identification. Most of the other pylon signs in the area are single user
signs, however, the signs at the adjacent auto mall and the Cedar Cliff shopping center and office
building also include individual tenant signage.
Since the sign will be located on Lot 2, but will also serve Lot 1, a signage easement benefiting
Lot 1 should be provided over Lot 2. The applicant should submit a sign easement agreement for
review and approval by the City Attorney prior to recording the Planned Development
Amendment Agreement.
Sign Area - Based on the brick column sign plan, the proposed sign is 27 feet in height and the
sign message area is 8 feet wide. Eight tenant signs are proposed, each 13" in height, with the
development name and building numbers at the top. The total sign area is 15 feet high and 8 feet
wide, for a total of 120 sq. ft. on one side.
Spacing - The applicant had considered two locations for the pylon sign, which are designated
"A" and "B" on the site plan. After discussion with staff, the applicant indicated the preferred
location is "B." Location "B" would place the sign approximately 65 feet from the east property
line. The two nearest pylon signs are Blockbuster to the east across Park Center Drive, and the
auto mall to the west across Scott Trial. Since there is less than 600 feet between the
Blockbuster and auto mall signs, this proposed pylon cannot meet the required 300 foot spacing
Planning Report - M & H Properties
July 23, 2002
Paue 4
from both signs. Reduced spacing is considered a deviation from Code requirements and can be
accommodated within the Planned Development Amendment if City officials deem it
appropriate.
A review of City records showed that the proposed sign location is approximately 305 feet from
the Blockbuster sign and 240 feet from the auto mall sign. The proposed sign location appears
reasonable. The topography of this site prevents the sign from being located further east as the
elevation drops significantly in that area. Therefore, the proposed location appears to maximize
the distance between signs given the practical constraints of the land.
Landscaping - No additional landscaping is proposed. The applicant should create a landscape
bed around the base of the sign. A landscape plan should be submitted for staff review and
approval prior to issuance of the sign permit.
SUMMARY/CONCLUSION
Curt Hoffman, M & H Properties, is requesting approval of a Planned Development
Amendment to allow a pylon sign on property located at 4590 Scott Trail. The proposed pylon
sign is inconsistent with City Code provisions regarding size, distance to other pylon signs, and
off-site signage. It is also inconsistent in design with the other pylon signs in this area. Staff has
recommended conditions of approval that address some of these issues, but the acceptability of
allowing off-site signage and for the sign to be less than 300 feet from another pylon sign is are
policy matters to be determined by City officials.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to allow a pylon sign on
property located at 4590 Scott Trail, legally described as Lot 2, Block 1, Cedar Cliff Commercial
Park, in the SE '/4 of Section 30. If approved, the following conditions should apply:
An Amendment to the Planned Development Agreement shall be executed and recorded
against the property at the Dakota County Recorder's office. Recording of the Agreement
must be completed prior to issuance of a sign permit.
2. A sign permit must be obtained prior to installation of the sign.
3. A certified survey shall be provided that verifies the location of the proposed site, its
setbacks, and distances to the next nearest pylon signs on the north side of Cliff Road.
The sign shall be no closer than 235 feet to the auto mall sign to the west, and no closer
than 300 feet to the Blockbuster sign to the east. The survey must be submitted before
the Planned Development Amendment Agreement is released for recording.
4. The applicant shall submit a sign easement agreement for review and approval by the City
Attorney prior to recording the Planned Development Amendment Agreement.
C; 00V
Planning Report - M & H Properties
July 23, 2002
Page 5
5. The pylon sign shall be consistent in design with other pylon signs in this area north of
Cliff Road such that the sign is supported by two brick columns and the sign message
areas are internally lit. The brick shall be similar to the brick used on the office building.
6. The applicant shall create a landscape bed around the base of the sign. A landscape plan
shall be submitted for staff review and approval prior to issuance of the sign permit.
7. The pylon sign shall be set back at least 10 feet from all property lines, and shall not
exceed 27 feet in height.
8. The sign message area shall not exceed 125 sq. ft. on each side.
2.aa
Eagan Boundary
Location Map ?P elArea M
Building Footprint
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Development/Developer. M & H Properties, LLC
Application: Planned Develop ment
Case No.: 30-PA-06-06-02 O
Map Prepared using ERSI ArcVi.rr 3.1. Parcel be" map data pre,,id.d
by Dakota County Land Survey Departnrnt and is currant as of March 2002.
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City of Eagan
. THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are
S
C. nurdty D.vropr.ant D.p.rtm.nt not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan M & H Properties, LLC
Land Use Map Case No. 30-PA-06-06-02
Zoning Map
Current Zoning:
PD
Planned Development
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P P
PD
sC
PD Location
PD
PD
NB
PD
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LB A LB PF D
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Comprehensive Guide Plan
Land Use Map
Current Land Use Designation:
OS
Office/Service
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City of Eagan
Community Development Department The City of Eagan
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...ty L... Sot .y OJ .O.rts.nt April 2007.
i..I.Wn.. by City Clan.
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
and Dakota County do not guarantee the accuracy of this Information.
+
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SITE DATA
TOTAL LAND AREA 2.43 AC.
BUILDING COVERAGE 12.000 SF. 11.3 %
PARKING & DRIVE: 51.520 SF. 48.7%
GREEN 42.330 SF. 40.0%
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HOFFMANNAWFUIRM
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Mortgage
www.metromoney.now C O M M U N I C A T IONS
Accu - TENANT
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BUSINESS PRINTING TENANT
AMERICAN FAMILY ! CHIROPRACTOR
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Now Leasing 952-680-1234
4580-4590
MINNESOTA
SIGN CO.
791 S. WAidd Stmt • Carwbddes, MN 55009 •
-(793) 669-2030 • (753) 699-3240 teX-
www.nrJnn.sotasign.corn
M APP
This sketch is the sole property of
Minnesota Sign Company, Inc. It may
not be reproduced In part or whole
without written permission from
said owner, whereby the rights to
this design may be purchased.
SIGN PLAN 1
iesaa, May Curt Hoffman 651-688-7861 p 01
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SIGN PLAN 2
13738 ABERDEEN ST NE _iEN- nFC -
arr Ham Lake, MN IM04 ?LiFF 20A.D
Sign a (763)7556673
Awnny FAX (763)7561473
Cliff Creek Offices
HOFFMAN
Metropolitan
Mortgage
www. metromoney.now
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;COMMON ICAT IONS
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BUSINESS PRINTING TENANT
AMERICAN FAMILY CHIROPRACTOR
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741 S. Gaifald Straat _ C. brllp, MN S6008 -
•(7631 604-2050 - MW 664-3240 tai
www.ndnn.sotsalgn.eom
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This sketch is the sole property of
Minnesota Sign Company, Inc. It may
not be reproduced in part or whole
APPROVAI without written permission from
said owner, whereby the rights to
this design may be purchased.
N PLAN 3
June 18, 2002
City of Eagan
3830 Not Knob Rd
Eagan, MN 55122
RE: 4580-4590 Scott Trail Pylon Sign
I am asking for a Planned Development Amendment for a pylon sign for my office building
at 4580-4590 Scott trail. This sign will improve the look of the Cliff Rd area due to the
fact that I will be adding one uniform sign as opposed to the multiple signs that are now
hanging on the buildings (these signs will be removed after the new sign is erected). I will
need approval to add some tenants from both buildings on the one sign. I feel this makes
sense since this is one office complex and one sign would be more attractive than two
sings. I may also need approval to locate the sign within 300 feet of another sign. The
logical placement of the sign seems to be near the coiner of Cliff Rd and Scott Trail. This
would mean there is another sign across Scott Trail. I have marked an alternate position
for the sign that I am still exploring with the sign company.
Sincerely,
Curtis E. Hoffman
l PIN 1 9 2(?Q2
x.30
Agenda Information Memo
August 6, 2002 Eagan City Council Meeting
B. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
Approve an Ordinance Amendment to Chapter 11, Section 11.20, Subd. 19(C) by
adding "on-sale liquor" as a conditional use in the Business Park (BP) Zoning District.
FACTS:
On July 2, 2002, the City Council directed the City Attorney's office to prepare an
Ordinance Amendment to Chapter 11 that will provide "on-sale liquor" as a
Conditional Use in the BP Zoning District.
? The APC held the public hearing for the amendment at their July 23, 2002
meeting and are recommending approval.
ATTACHMENTS: (1)
Draft July 23, 2002 APC Minutes on age 23a.
Draft ordianace amendment on page
9,31
City of Eagan
Advisory Planning Commission Meeting Minutes
July 23,2002
DRAFT'
Page 17
H. ORDINANCE AMENDMENT - CITY OF EAGAN
An Ordinance Amendment of the City of Eagan, Amending Eagan City Code
Chapter 11 Entitled "Land Use Regulations (Zoning)" by amending Section
11.20, Subd. 19 (C) Regarding Conditional Uses; and by Adopting by
Reference Eagan City Code Chapter 1 and Section 11.99.
Senior Planner Ridley introduced this item. He noted the background and history.
Chair Huusko opened the public hearing.
There being no public comment, Chair Huusko closed the public hearing and turned
the discussion back to the Commission.
Chair Huusko stated agreement with the proposed ordinance amendment.
Member Segal moved, Member Bendt seconded, a motion to recommend approval
of an Ordinance Amendment to create "on-sale" liquor as a Conditional Use in the
Business Park (BP) Zoning Districts.
All voted in favor.
IV. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA)
There were no visitors to be heard at this time.
VI. ADJOURNMENT
Member Segal moved, and Member Bendt seconded a motion to adjourn the
Advisory Planning Commission meeting at 8:50 PM.
All voted in favor.
Respectfully Submitted by:
Camille Worley
Recording Secretary
a 3?
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, NIINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.20, SUBD. 19(C) REGARDING CONDITIONAL USES; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Eleven is hereby amended by adding to Section 11.20,
Subd. 19(C) the following conditional use:
10. On-sale liquor.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation"' and Section 11.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Maria Karels
Its: City Clerk
By: Patricia E. Awada
Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
?2 33
? )
t 1?.
Application Fee ($100) City of Eagan
Renewal ($50) 3830 Pilot Knob Rd.
Eagan, MN 55122
681-4600
Fax: 681-4612
CITY OF EAGAN
APPLICATION FOR KENNEL LICENSE
License required where a total of four or more dogs are kept. Location must
be in a zoning district where a kennel operation is allowed.
Applicant 01c, OB
Resident Address
Phone
Owner Name c
Owner Address
Manager Name
Manager Address _
Trade Name
Number of Acres at kennel location T t
Zoning of Property _ f_\ C_;
Date
Signature of Applicant
The license is issued for a calendar year period (Jan.-Dec.). Fees are not prorated.
FOR OFFICE USE ONLY
Police Approval Date
City Council
Approval Date
6.95
Fees: $300 Investigation (non-refundable) My of Eagan
1300 kense he (prorated for calendar year) 3830 Pilot Knob Rd
Lkense Term: July 1June 30 Eagan, 1!N 55122
v'81.4600
Fax: 681-4412
CITY OF EAGAN
APPLICATION FOR MASSAGE THERAPY
ESTABLISHMENT BUSINESS LICENSE
1. Name of applicant: Jocl.e? Lee J Co??e-S DOB: a?
weer, lessee or operator)
Address V7652- ?(es-? c. 19t ?c'
City, State, Zip-La ?m 71 50 one: Y3 ? - 83
2. Description of Premises:(i.e., free standing, strip mall, part of existing health facility, etc.)
r»c1 pP
S. Location of Premises: 128L1 (a,+ti-L c 1)- 11 Ll
address phone
4. Corporate applicants having beneficial interest:
Name: J'od e- e .) D
rw-
Address-_ 50. m.e A S P-bov-c- Phone:
Name: ?Gt t! o? 'JO v>L S DOB: / 1-7/ _ (IO
Address: Same CIA S "w"_€ Phone:
Name: DOB:_,_/_J
Address: Phone:
Name: DOB:_J_ j
Address: Phone:
i
5. On-Premise Manager JCdee, 1D 0-C-3 DOB: q /J2/ 3
Residence Address: SO-w>- as ) Phone:fe/ - p2n - `n zE
6. Have you ever been con ' d of any felony, crime of violation of any ordinance, other than
traffic? Yes No . If yes, give information as to the time, place and offense for
which convictions wer ad:
7. List the names, residences and business addresses of three people, (prefer residents of
Dakota County) of good moral 'character, not related to the applicant or financially
interested in the premises or business, who may be referred to as to the applicant's
character.
Name J e n 80- Ltm a.rk.,vt Phone&5 / - ale 3 -305 y
Business Address `711)2 5502 q IJ
Name
17 5x' c1 75 -03 .S-
Residence Address
Business Address
Name
Residence Address
Business Address
Phone(a_6/-'y!5Y-70?
In accordance with City Code Section 6.39, the City Council may require other information
upon request.
Date: ( o LL
Subscr' a and swo t
o before me
this ay of
M
1)(ATHLEEN McGRATH KAMM
NOTARY PUBUC - MINNESOTA
14 Co wdssion Expires Jan. 31, 2005
6.95
Notary Public