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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. yy 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. Y7 0 C) I C) C) ?OIN00 00 '4 w O C) 0 C> S p L O N CO Q c O vi en ^? C O. O co b9 69 6R O ' - to r. O 00 n, I oC 000 Ow G y 00 00 4t ° 0 o o. LM 0 00 0 0 N- " o o s9 N o o eo C a) a) o > ° o o o ?°o Zoo 3 ;vr0 W) 0 0 ° ° 0 C7 *p M? W C pa o, o oo 'co a4 00 y'O M + 00 + O O O O O^? 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U ? 0 y 0 =w ZQwww o CLO o U ° 0 bA .0 C,4 U°o a N 0. V] o?0 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/ ^? / ?S ?\ r \\ 653.' 31 6V SC ICtf 9 ,.o O ti p \ /. ab 8? _? - f rc @ tr/_ 66'17 - y. I?. !? Lot 7, Block 1, STONEY POINT ZND ADDITION SU 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 N I „? Q7G x 4 cd Oni S, LOT .9 C) 0)0 00 0 U) 10? m - - U) S 0) 977Xz n S 89050'21"E 4 140.00 n a, 26.3 w a I v' w ?! tL 16' rn 17.7 22.7 - S89°50'21"E 140.00 L. 1 973x9 /01 30 M n m u _.1 ^ rn s Ql U 974,4 N) 0 0 0 01 U) J 112? Cr D U 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 ? .} :' .1 .} :. .. 2Y i- a : 26?:: 7 ":? .r 2 7 :'.:3 : • q = • e S - - UIN'N-Lt I KVNL 3: - - - !. -- - .tom . v?.r ?uaanr. _ ?F ? ^?.r ??J I -21110 4% '/1<?411n ?'al7 S16 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 -r ( / r h Q,•,??1 Y r-r`7 `r modlO 1 ,J 8 s ?- ?? sad ti h e g _; I .J .V, 3 .. J:t in o ? op or 3.rf.n. 9N , it N 2 VQ ?fJ h ? O O m b 'r ? V O O N b ? to Q 'o N 3 c ,vl 1{? C v w n n E a m E o Ir V O E ? O w M ' ,?1 a' ao?Q u iC ?t N O? O d? v .Q 9.2 /Oc 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 Eagan Boundary Street Aont.rline Location Map Parcel Area Building Footprint t ` i ,? T Ar r t j ! ? 70 • r f.r ' y S ?1?? ??' • * ?? s r 41 ei,0 ? I r~ Subject Site r r i ------------ ------------ w. t r r f . .e. s / f a r 1 f l rr 1+ 1• r ;. t r a ? `? 4: f ? g •? f-- t + `pi s I t t ?i t f t rr i ?, •. t t r rte. f s .? -• R jti r I- ? p I ?' •a C. . f - {: i t 4 l r r. a a.w... . a r k t R t It ?4 a 4 a s 1 t F• wk t 2 Si! f s .i t?< f'?,c` , lv t t4 m L t a.a.rr u- J 4 ..,. I T, • d . 1 F ? i A C ?; r ! r ? t A ? 7 4 t j { t ! ?, a 1 t a4k• t pr r Y X Y a T ' , ' -' V 14 v I. t - , S t L! t L t y' ? f , !. • -, t L Y t *• r ` - -4 t . *? 1• is i + •?? ! • I ell 1 J ! t L 1 t f ! h P ' r a i 4, r 1 ~ ` 1 t T y al f '' . i -, a j .. w ? t 1 i 1 •. 1 y s ! I t ? } *` . ?• a . t• ? ? t « a a1 ? + g Pl 6 ?? S i .f a ? ? a 1000 0 1000 2000 Feet Development/Developer: Glenn Hartzell Application: Variance 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 t:.araraa* a.uI--- .t Dpartm.at not rospeasihle for ewers or emissions. Itrnn.Ljtf y ::III vey 1 01 802034 Glenn Ilartzell lx) thx 141 Street 1 of 2 lake City, MI 55041-0147 a- DELMAR H. SCHWANZ LAND SURVEYORS INC R.r.t .6 u..dw L.- el fM MM. - WnrwM. 147SO SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA 55066 651.'423-1769 SURVEYOR'S CERTIFICATE I.AVVI? 1 I`1V 3 QARUFA c1011rR'Y li<]IID RIGHT OP MAY MIAP NO. 26A SCALE: I INCH - 30 FEET O - Iran Pipe Monument S8954 ' 03 a NW Corner $ , Lot a i PBUOel 10 20.00 PAS, A L PA> B L0'f 8 BLOFK 5 W ?I = ig CONCRETE f el PATIO PATIO B J AC ADS ADS g th I p Z EXISTING BUILDING JSTOOP STOOP SW corner Lot 8.-\ - ------- -- ELECTRIC BO 9.59 50.11 TELEPHONE .--1 E Box m 100.00 0 } R 14 ---EA&FER-LANE---- See Street 2 of 2 for parcel descriptions. I hereby Certify that this Purvey. plan. or report was ' - ?• • • 11 prepared by me or under my dIr.N supervision and that I am a duly Registered Land-Surveyor under nr the laws of the Slate of Minnesota. , ... ' : . - -1&2 /Z. 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 * 7- Ltl ;r --1 I? Eagan Boundary Street Centerline Parcel Area Building Footprint j J'I I 7-h1, l1 I ji, 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 \l *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 Q F\n U\J D iJ O\ ?\ o Ltil pl ?1 ! I ID CZ7 SIL` cll? SILVER BELL ROAD ER BELL ROAD IOU a? G / CZ3 0 Goo ??o \o? O ', LLI U. LLJ o?,oao? LLI 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 / by Dakota County Land Sully Department and is current as of March 2002. *City of Eagan ( THIS MAP IS INTENDED FOR REFERENCE USE ONLY E !% v :: a The City of Eagan and Dakota County do not guarantee the accuracy of this information and are cew.nwrrty O.vreprn..n Department _ not responsible for errors or omissions. } O Eagan Boundary Street arcel Arearlin. Location Map P Building Footprint Current Zoning and Comprehensive Guide Plan Citgo Service Station Land Use Map Case No. 30-CU-I 2-06-02 Zoning Map Current Zoning: NB Neighborhood Business .oo a .oo 1at0 F... PD B i PF PD P g II R-3 F RB i I PF R PF Comprehensive Guide Plan Land Use Map Current Land Use Designation: RC Retail Commercial eee 0 ee0 1205 F.« MD RC RC or R e MD GC QP it e a ¦ D QP QP I7- N 0, Pa.e.l 5.....p r.F«.w why Datuta C mm" Land is y D.ra.t.nan 4.u 2002. 2...6a 5.50.105.5... 10b.ab.N bsClty stag City of Eagan 2- w E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eaaan and Dakota County do not 9uaran . the accuracy of this information. ;NOI1IGNO3 ONI1SIXI - WAY NO. ;.i 77 IN ii •?o r.ru.?n•rf w•r?.w.s• . fmT=.rt 7oam?.. ._ _ : a 1Ej ?.........._... ........ e _ :.............. =mm.rti w.m i 8 `... ...f.?. a.•..+.o•:mss... s COUNTY STATE AID HIGHWAY NO. 23 (ICO.S ROAD) ..... _........ soom.r ,mao •• ?/r Y. 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Y ?` r 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 O Eagan Boundary Location Map Street Centorline PareN Area Arsa Building Footprint IW 1 i c a• 3 w.,.. Q 7 d e n a+ ? s, 9 ? 1 o to a w+ d A 4 ? e.w.r.r _ Sub Oct Site ? - - - r'e .., Coo o ? 0 • : 1 t ? ? , r ; f? ? ?:..? ? l FD 3 ? F7 V T ^d swig e•u•, ? ! ???' ?? 4 ti C• .? i v7 J ? j ? d J? 9 .? J M a r 1 3 ®? • Ede •+. ? ':,? ` "a..°• s.?•..a L' ! a N • ? ilk ? t i"? ?" • o? ~• ? ' ."'? D a .w . .A. 9..1 Li.-1 ._ ..:. `'V9 e#+b+F.l.ninl .+h 1000 0 1000 2000 Feet Development/Developer. Eagan Tire & Auto Service Application: Conditional Use Permit Case No.: 20-CU-11-06-02 * Map Prepared using 3.1. Parcel bas. nap data provided by Dakota County land Survey Deparbrant and is currant as of March 2002. N W E City of Eagan THIS MAP 12 INTENDED FOR REFERENCE USE ONLY M N N E S C A Cernrrwrrrty ae+reloprnamtt D.•.rtmnt The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. S Current Zoning and Comprehensive Guide Plan Eagan Tire & Auto Service Case No. 20-CU-11-06-02 Land Use Map Zoning Map P EE E 0 R-4 Current Zoning: •` RB PD NB NB Nei hborhood Business g .LA.N. NO. 30 (DIFLEY ROAD) PD R R-4 N. N. t2N F.et Comprehensive Guide Plan P Land Use Map ® MD 4- M MD ® ?y • RC RC Current Land Use Designation: C.>t.A.N. NO. (DIFLET ROAD) RC Retail Commercial MD MD M P D FN . NF 7a" Feet .L tib - V ?re.1 s.r m; In t N 1y O.Yra Cwnfy L.nd $o .y D.y.ttn.nt AyAI 2002. en ny Inbmt.Nn w 04MSIO.d by C) Staff, E City of Eagan 2-, C"mu ry ?? THIS MAP 12 INTENDED FOR REFERENCE ONLY Dapw"Wg The City of Sagan and Dakota a County ounty do o not guarantee ntoa the accuracy of this information. t t I l t 66 t. m 1.?-. N S f t! ? ! •?w) 1 ! r G . :t ' 'j• N ar [ } 1?lJ c,. 0 144 0 C) tit. R u ' ITlor ? ;; l R z=? 3 ? I _----- ---=, - ???_??• _-------- O I / A Ip j 1/ a n M J , , y II I 1 1 13 I, I, I ? c JO 00 00 06 dod 1 ------------ A1F ` 3.- EXISTING COND 43f????t ?? 3? 3F a6 ! I J ? < .e.e 11 I IS # i ' ! ? • ? ? } ?i?i i i J' is _ iN i i ! •- i II i iflit lilt oozc, m.or.61.0os i i e r• n ? ? ?fI t d3 ? t , '?. ? G' S r ? /? ? ; as 4 ? ?? r ? ?• ?,.:• ?T I• s. f8[ ?? ? ? Q tfi .: r? r ns3t. - - - - - - - - - - - - - / h I Oti 0 I Sa SITE PLAN 6023 Fov 1 II!! WI 2 WI? W z a i \ W Ee u? e¦ii• & !; • 1 I ?1 ------------------- ---I, 4 - y - - y I a * ,? e 9) 1 y •i I 3 1 GRADING PLAN Ca- C.-M Pow > > II Jill , -------------------- 11 •a is 4 e s. aY: -_•- YiYy I o YI -/ W Iit it UTILITY PLAN CL- opt . i o oll M ? ? r r tt > -?;------ ___- ________--? L - -? - - - - - _ - - - - V I ` / s tI? 01 01 1 ?, \ \ 4 :Rl G \ ? h , Iw o I • II ? I Q 7i "W cA AN 11 TREE PRESERVATION PL C:6- at 1 4 4 I T T ,7 - i. I ` I. z ! 3§ n:u 111! I 1 ii It: 14 1011 .y iritlH , .dot Ilri ?I 1?- r r r r r r f f 'ELEVATIONS ???' 7 iil E U -1 . ? r e 3 f ? ?5 6, S 0 3 e'L } y y i 6 tt ;f ? L 1 T .1 S s? ?? S Q rl vF i D r' ?= i r rd £? r r r S Q --------------------- 00411 ifs •.Y(.&.OOS = f, --------------------------------------- ---------------------- sue, ? ? ? 1, ?Ij f 4! SSr , 71 , r• °?i ;Is s -ir ? E,. ? O 1i 9 ? 1 .I \ alr r°_ O I .r . L t? .I 1!r , 10 Il 1 ?? I ?; 5 I 1 ?^_ (6 W 1K.6,.OOn Atip LANDSCAPE PLAN 41 { \ ? ? eis? • i• ?E I \ z ? ? ? s ? ?i ?C?f f?' S ?' p K r . • ` vAan d . i o 411 1-1 L" II i it •?L-_: -_r?__ _ _I _.`=_e?7 ,.r ?'u?^_`_'__l _ _ o s n I ; LIGHTING PLAN /0 I a--vi I ire & autr SCrn ice - .- O t% A' F.acan. MN C nnJiticmal U'.e Permit 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 m C Z±7 \ • 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) ;w? 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 . y poet) •6p!t) 61100 Auuyor Z r•• b , 1 y Z i n ? •aa • alp b? . low d, '- ?• NOrvik-Drive ..,.,-- 7. i ; 111 L_JL__- ` r" aI o c O C) O• O .60 a! O Y ?' 3 o u V j 0 • O O c . i m¢« 1Ar I e 0¢f ma C% IL 'E 'T -j0 O i do W, . .14 o? r.?? 0. enu wQe e?Ow1 S •? eAiJ pN "? J ?_ II ', `` N 0 LA I .6J rtu_AV ;.._ ?i _ -- _-'_ . .? _?o is 0. 0 O rnl rn 0 -ik a0- 1 OR 0 U m a 0 Z u t N O • N i u 0 V) u V) J a N J -j Y Q 0 V) Z Z_ z Q 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 J ? 1J ' f `??I?I t7 4- tin. •r \ s Sub'ect Site r f - ?c I J ?y 3 777 a 7 J ) .4 co ? ?? J J ' s _?• y ? - ? Aar' '; .?. '.) ',:r 1000 0 1000 2000 Feet 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. /" w E 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 s.s o us 12u r..t d D P P PD sC PD Location PD PD NB PD E LB A LB PF D O P P s c Comprehensive Guide Plan Land Use Map Current Land Use Designation: OS Office/Service u. . us .7u /..t p.rc.l .... City of Eagan Community Development Department The City of Eagan = P RC RC C o/s o/s [ftC O/ Location RC RC ( 41/ RRc R O/S nP O/s s 111511 } ...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. + S 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% OP of OFFICE BLDG. 12,000 3F. 0 w W U v=i uJ 133 CARS PARKING J co W cc LL [y1 . j6 r?cr- T SFr N CLIFF ROAD SR S LOONTION PROPOSED SITE PLAN LI z O ?i- Q V C N LL J U cc <U a. W C yj to F < CL w F c v U d C e U Iq Co ! N i U 00 60Z W I? -DI Z CM z ol 'm ? zs: V Z ?` O 6065 ?I IN O Z N - ~ n 00 9L 00 9L 00 BL 00'9L OrOV oo sz. n? so ah 1y'Y" , ?-?i 0 ^9? :? s9 Zosoz W 00 SSZ ,I } -Z '!EI z o f NG 0 LL U LL " REF G !SON a f - Q ..? 4 o ?c2 odt d ?- (? ??, ?P OP O' 1?O G ?? saaa 00 9sz 4 YQ? t 1IV .L _ .OOS . ?° B6£9 666LZ 0 O z 4 SIGN SPACING Cliff Creek Offices HOFFMANNAWFUIRM .1 Metropolitan 0 = ONs Mortgage www.metromoney.now C O M M U N I C A T IONS Accu - TENANT ---...Forms BUSINESS PRINTING TENANT AMERICAN FAMILY ! CHIROPRACTOR ®' _ AIIstate ;ADM STATE IN SUR 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 A f?O'?=D a. -- -- SfLE_ 3in ?MM 3tn 13in 31n 131n 131n In -yr,..c•.w-rryr?..w :•.....ry <.n mj$f Onru+ a C *441 s-c+W?A..w.? GP fF Cr'/11IUY jKE't H S A V ?: X)OW 112 :50 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 q sis ;COMMON ICAT IONS A ccu TENANT ---Forms BUSINESS PRINTING TENANT AMERICAN FAMILY CHIROPRACTOR NINE ME nk--lLs Al' STATE FARM INSURANCE ~ w Leasing 9)2 680-1'34 r IIIIIII, or -m &VAMN ?111111111111 -- - J ii?? ---. •Bi?l_¦ ??? BIB!! M? M¦ - ??t0 I• ?? ii>!? i1• ; iiiii111111- MMAWWWN • -W4 >t -- =M-MM fit- ie-- • I I M! j IM1111111111111 we iii - BI• - t MINNESOTA SIGN CO. 741 S. Gaifald Straat _ C. brllp, MN S6008 - •(7631 604-2050 - MW 664-3240 tai www.ndnn.sotsalgn.eom =RE 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