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11/19/2002 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 19, 2002 6:30 P.M. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA ~jej A. APPROVE MINUTES (~ /p B. PERSONNEL ITEMS (/ C. CHECK REGISTERS f ~ D. APPROVE Resolution of Municipal Consent for MnDOT Design (Hwy. 149 and Wescott Road - Signal) f ~ f E. APPROVE Resolution and Traffic Control Signal Agreement, Project 885 (Highway 55 and Eagandale Blvd.) (~ F. APPROVE Change Order No. 1 for Contract 02-09 (Central Parkway -Street &: Utility Improvements) ~a G. ACKNOWLEDGE Completion and Authorize City Maintenance for Project 00-A, Oakbrooke 4'~' Addition ~. ~1 H. ACKNOWLEDGE Completion and Authorize City Maintenance for Project 00-S, Orchard Heights Addition f~o~o~ I. ACKNOWLEDGE Completion and Authorize City Maintenance for Project O1-B, Crane Creek / -;~ 3 J. RECEIVE Request and Authorize Feasibility Report for Project 884 (Borchert Lane -Street ~` Improvements) Pa.~K. RECEIVE Final Assessment Roll and Order Public Hearing for Project 680 (Cliff Road -Street and Utility Improvements) y?~~L. RECEIVE Final Assessment Roll and Order Public Hearing for Project 751R (Dodd Road South V/t~ -Street and Utility Improvements) ~~~M. RECEIVE Final Assessment Roll and Order Public Hearing for Project 850 (Dodd Road North, Diffley to Camberwelt -Street and Utility Improvements) ~~yN. RECEIVE Final Assessment Roll and Order Public Hearing for Project 862 (Dodd Road North, Camberwell to Wescott -Street & Utility Improvements) ~~ O. RECEIVE Feasibility Report and Schedule Public Hearing for Project 874 (Gift of Mary -Street and Utility Improvements) ~3p P. APPROVE Change Order #7 -Community Center P~ Q. APPROVE ECVB Budget R. APPROVE 2003 Tobacco License Renewals '~ S. APPROVE 2002 Trash Hauler Renewals ~.3 6 T. APPROVE Revision to September 3, 2002 City Council minutes ~~~L'. APPROVE Final Subdivision -Waters Edge -McDonald Construction V. 6:30 -PUBLIC HEARINGS 7Z A. VARIANCE, CNH Architects, Inc. - A Variance request to parking lot standards for the West End Hunting and Fishing Club, located at 650 Gun Club Road in the SE '/< of Section 36. VI. OLD BUSINESS P SQ A. Final Payment and authorization of City Maintenance for Contract 00-12, MVTA Park and Ride (Sanitary Sewer Extension) P~~ B. Consideration to modify conditions of plat approval, Thorpe Woodlands 2°d Addition. d~ C. Consideration of proposed Covenants, Highway 3 and Diffley Road Property /(~DD. Consideration of trail connection -Thomas Woods Addition -Manley Development Company VII. NEW BUSINESS ~~j 3 A. CONDITIONAL USE PERMIT - CEDARVALE TEXACO FOOD MART. A conditional use permit to allow a car wash as an accessory use on Lot 2, Block 1, Cedarvale 2nd Addition, located at 3830 Sibley Memorial Highway in the NE %< of Section 19. ?? B. PRELIMINARY SUBDIVISION - A Preliminary Subdivision (Diffley Plaza) of approximately 15.7 acres to create seven lots and a Variance to create one lot without the required street frontage located on the southwest corner of Diffley Road and Johnny Cake Ridge Road in the NU' ',% of Section 28. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE 1\. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads ~, 7X. ECONOMIC DEVELOPMENT AUTHORITY -Special Meeting X. VISITORS TO BE HEARD (for those persons not on agenda) Xl. ADJOliRNMENT \II. EXECLTI\'E SESSION The Cih 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 pru~ idzd upon advance nonce of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan u ill attempt to provide such aid. _~~~~~ MEMO ,~,'~ city of eagan >\1E11O TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FRO'~1: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 2002 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 19, 2002 CITY COUNCIL 11ZEETING ADOPT AGENDA After approval is given to the November 19, 2002 City Council agenda, the following items are in order for consideration. ~ .r.... _..-..~. ... Agenda Ilifonnation Memo ?~ovember 19, ?002 Eagan City Council Meeting CONSENT AGENDA Tl~e following items referred to as consent items require one (1) motion by the City Council. If the City Council ~~~ishes 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 November 7, 2002 regular City Council meeting, the November 7, 2002 Listening Session and the November 7, 2002 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 7, 2002 regular City Council meeting are enclosed on pages .3 through ~. • Minutes of the November 7, 2002 Listening Session are enclosed on page a • Minutes of the November 7, 2002 special City Council meeting are enclosed on page ~. Mh'E'YES EAG ~ CITl~CO¢ CII, G OF THE a R,o~ F T Eagan, Minnesota No~~ember 7, 2002 A regular meeting of the Eagan City Council was held on Tuesday, November 7, 2002 at 6:30 p.m. at the Eagan 'Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present ~~ere City Administrator Tom Hedges, Senior Flanner Mike Ridley, Director of Public Works Tom Co'?~:rt. City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGEl~'DA It was noted that item (GG) was being added to the consent agenda. Councihnember Tilly moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS EAGAN LIO.'VESS BRICK PRESENTATION Members of the Eagan Lioness Club recognized Ella Englert, Hilda Rahn, and the Joe Kennealy Fan Compam with a special brick honoring their longevity as residents of the community. CONSENT AGENDA A Minutes. 1t was recommended to approve the minutes of the October 15, 2002 regular City Council meeting as presented. B. Personnel Items. 1. ]t was recommended to approve the hiring of Colleen Mathiason and Cyndi Huonder as pari- time seasonal preschool program instructors. 2. It was recommended to authorize the position of Rental Coordinator/Community Center and advertisement of the position. 3. It was recommended to authorize the position of Fitness Coordinator/Community Center nd advertisement of the position. 4. It was recommended to approve the appointment of Dave DiIoia as a Day Battalion Chief for the Eagan Volunteer Fire Department. 5. It was recommended to approve the recommendation of the City's Health Insurance Committee and the City Council Personnel Committee that the current dual choice option (Medics and Health Partners) using the blended rate approach be continued for 2003 with the addition of a Mid Plan option to be available along with the High Plan option. C. Check Resisters. It was recommended to ratify the check registers dated October 17, 2002, October 24, 2002 and October 31, 2002 as presented. D. Trash Hauler License Renewals. It was recommended to approve 2003 Trash Hauler License renewals for All-Star Disposal, Schill's Dumpster Service, Randy's Sanitation, The Buckingham Companies and New Earth Services. E. New Trash Hauler License. It was recommended to approve 2003 new Trash Hauler License for Schill's Dumpster Service. F. Tobacco License Renewals. It was recommended to approve 2003 License renewals for: Oasis Market #5685; Rainbow Foods; Walgreens #2766; Tobacco Outlet; Tom Thumb; Eagan Citgo; Food 'n' Fuel; Walgreens #1773; Walgreens #5081; E&M Liquor; McG's Inc.; Comer's Lone Oak Liquors. G. 2003 Commercial Fertilizer License Renewals. It was recommended to approve 2003 Commercial Fertilizer license Renewal for Weedman, 6846 Washington Avenue South, Eden Prairie, MN. H. Decertification of Tax Increment Financing District No. 2. It was recommended to approve a resolution acknowledging the decertification of Tax Increment Financing District No.2 (NW Airlines/Cray Research). I. Revolving Intemal Loan. It was recommended to approve the resolution approving the terms of a revolving internal loan in connection with Tff District No. 2-3 (Highway 55/149 Redevelopment). J. Revolving Intemal Loan. It was recommended to approve the resolution approving the terms of a revolving internal loan in connection with Tff District No. 2-4 (Highway 55/149 Redevelopment}. 3 Eagan City Council Meeting Minutes _~o~•ember 7, 2002 Pue ~~'AF ) K. Revolving Internal Loan. It was recommended to approve a resolution approving the terms of a revolving internal loan in connection with the TIF District No. 1 (Cedar Grove Redevelopment). L. ti~'aiver of Fee. It was recommended to approve the request to waive building permit fee for Dakota V~'oodlands tent for a one day fund raising event. 2~4. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement that would allow the Cit}' of Eagan to continue its participation in the Dakota County Drug Task Force. 1\. Final Subdivision (Eagan Preserve) -Duke Construction. It was recommended to approve a Final Subdivision to create two lots and two outlots on approximately 21 acres of land located north of Yankee Doodle Road at Federal Drive in the S '/: of Section 9. O. Termination of Agreement. It was recommended to approve the termination of the Well Field Development Agreement as it pertains to the Eagan Preserve Development and authorize the Mayor and City Clerk to execute all related documents. P. Final Plat. It was recommended to approve a Final Plat (Neisius Addition) to create one single family lot combining Outlot B and C of Dodd View Addition, located at the corner of Red Pine Lane and Highway 3. Q. Project 883. It was recommended to receive the petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 883 (Beecher Drive -Street Lighting Improvements). R. Project 764R. 1t was recommended to receive the updated Draft Feasibility Report for Project 764R (Selmark/HarveyBurrview Acres Additions -Street Improvements) and schedule a public hearing to be held on December 2, 2002. S. Proiect 851. It was recommended to receive the draft feasibility report for Project 851 (Town Centre - Street and Traffic Management Improvements) and schedule a public hearing to be held on December 2, 2002. T. Project 875. It was recommended to receive the Draft Feasibility Report for Project 875 (Lexington Place~'Lexington Place South Additions -Street Improvements) and schedule a public hearing to be held on December 2, 2002. li. Proiect 876. It was recommended to receive the Draft Feasibility Report for Project 876 (Drexel Heights Addition -Street Improvements) and schedule a public hearing to be held on December 2, 2002. V. Project 771. It was recommended to approve an Easement Agreement for Project 771 {Lexington Avenue -Divided Four-Lane Upgrade) with the owner of Parcel 10-22516-010-01 (Skyline Displays) and authorize the Mayor and City Clerk to execute all related documents. W. Contract 02-18. It was recommended to approve Contract 02-18, Ciry Wide Sanitary Sewer Lining and Reconstruction), award the contract to Insituform Technologies USA, Inc., for the base bid in the amount of $105,600.00 an authorize the Mayor and City Clerk to execute all related documents. a. Contract 02-04. It was recommended to approve the final payment for Contract 02-04 (2002 Citywide Trail Improvements) in the amount of $6,792.46 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Y. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on December 2, 2002. Z. AUAR. It was recommended to approve a resolution adopting the Final Alternative Urban Areawide Review (AUAR) and Mitigation Plan for the Cedar Grove Redevelopment Area. AA. Project 99-U. It was recommended to acknowledge the completion of Contract 99-U (Majestic Oaks 2nd Addirion -Street and utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. BB. ~ecial City Council Workshop. It was recommended to schedule a special City Council workshop for November 26, 2002 at 5:30 pm. CC. Lic,Euor License. It was recommended to approve a change in officers on liquor license at Silver Bell Liquor, Inc. located at 1983 Silver Bell Road. DD. Minnesota Manufacturine and Technology Week. It was recommended to authorize an unbudgeted expenditure in the amount of $114.98 for Minnesota Manufacturing and Technology Vl'eek. EE. ~ Tree Contractor License Renewal. It was recommended to approve a 2003 Tree Contractor License renewal for Huston's Tree Service, 14847 Haven Drive, Apple. FF. Proiect 790R. It was recommended to approve an assessment agreement for Project 790R (Central Parkway, Streets and Utilities) with the owners of the Perron Farm property (Parcel 10-00900-010- 79) and authorize the Mayor and City Clerk to execute all related documents. y Eagan City Council Meeting Minutes I~ol~etnber 7, 2002 D Page 3 ~ ^ ~r ':,~~~'~ PUBLIC HEARINGS ~~.~~ ~ ~ CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the final assessment roll for delinquent false alarn; bills. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councihnember Tilley seconded a motion to approve the fmal assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Ayes: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS Ciry Administrator Hedges discussed this item regarding the fmal assessment roll for delinquent weed cunin~ bills, stating currently there is one delinquent bill in the amount of $221.66. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the final assessment ro'a for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT BOARD UP SERVICE BILLS City- Administrator Hedges discussed this item regarding the final assessment roll for delinquent board up bills, stating currently there is one delinquent bill in the amount of $1,221.80. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing aid turned discussion back to the Council. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent board up service bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding delinquent utilities accounts, stating the City currently has approximately 317 utility bill accounts with delinquent payments in the amount of $54,631.42. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve cemfication of delinquent utility accounts'to Dakota County for collection with property taxes. Aye: 5 Nay: 0 VARIANCES -CITY OF EAGAN City Administrator Hedges introduced this item regarding parking setback variances for property along Lexington Avenue between Golfview Drive and Yankee Doodle Road. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a parking setback variance for property along Lexington Avenue between Golfview Drive and Yankee Doodle Road: Lot, 1, Block I, s Eagan City Council Meeting Minutes '~'o~,~e...'oe: 7, 2002 ~ r~ Page 4 ' l [`~ Srtart•s 2"~ Addition - 0 to 6 foot parking setback variance. (PID 10-72851-010-01 subject to the following /' condition; Aye: 5 Nay: 0 l . 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. . PROJECT 854, PARKCLIFF ls` - 3"~ ADDITIONS STREET OVERLAY PARCEL 10-56702-030-01 FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Parcel ID No. 10- 56702-030-01. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Mayor Awada seconded a motion to approve the final assessment roll for Parcel ID No. ] 0-56702-030-01 (Lot 3, Block 1 Parkcliff 3rd Addition, 4640 Parkcliff Drive) for Project 854 i Parkcliff 1" - ~`d Additions -Street Overlay), and authorize its certification to Dakota County for collection. Aye: Nav:O NEW BUSINESS CONDITIONAL USE PERMIT - MC GRESSER Cit}~ Administrator Hedges introduced this item regarding a request for a conditional use permit for outdoor storage of non business related items at 2905 Lexington Avenue. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage of non business related items at 2905 Lexington Avenue; subject to the following conditions: Aye: S Nay: 0 1. The outdoor storage area for non-business related items shall be located as shown on the revised plans dated September 25, 2002. 2. The seven-foot electric gate shall be installed prior to any storage in the designated area. 3. The outdoor storage area is subject to all other City Codes applicable to outdoor storage. 4. Total number of items to be stored shall not exceed thirty (30). 5. Items to be stored include only construction equipment and recreational vehicles. REZONING -CITY OF EAGAN City Administrator Hedges introduced this item regarding a request for rezoning of approximately 12 acres of unplatted land from Agriculture to Neighborhood Business. Senior Planner Ridley gave a staff report. Six residents expressed their concerns regarding the impact on the pond; what type of business could be constructed on the subject property; changes is elevation; road•access to the property; light and noise pollution. Council and staff discussed the types of businesses that would be allowed in a "Neighborhood Business" zoning district and what businesses would require a conditional use permit. Discussion was also held regarding a conservation easement that would protect the pond. The City Attorney discussed the possibility of attaching covenants to the property at the time of sale. Council directed the City Attorney to draft the covenants for review at the next Council meeting. Councihnember Bakken moved, Councihnember Tilley seconded a motion to approve the rezoning of approximately 12 acres of unplatted land (Tax PIN 10-02400-014-75) from Agriculture to Neighborhood Business. Aye: 5 Nay: 0 6 Eagan City Council Meeting Minutes ~~ :~~ ~ c,;~ber 7, 2002 /~ Page 5 /`~ T The Mayor called a recess at 7:55 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at ?: ~ R p.m., concluded the cable broadcast portion and introduced "Visitors to be Heard". There being no public comment, the Counci] meeting was adjourned at 8:00 p.m. The Council then retired into a Closed Session to consider pending litigation. ADJOURNMENT VISITORS TO BE )EiEARD There were no visitors who wished to be heard. Date Deputy City Clerk If ~ ou need these minutes in an a]ternative 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 Cin 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. U?AFT MINUTES OF A LISTENING SESSION OF THE EAGAl~' CITY COUNCIL APRIL 2, 2002 6:00 P.M. O~gFT The Eagan City Council held a Listening Session on November 7, 2002 at 6:00 p.m. In attendance were Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley. John Campbell, 1568 Deerwood expressed his concern regarding the location of campaign signs within the City during the election. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk "'~~ 1\IINUTES OF A SPECIAL MEETING OF THE ~~ ~~~--~ EAGAN CITY COUNCIL t'. "' , ~ EAGAN, MINNESOTA NOVEMBER 7, 2002 _a special meeting of the Eagan City Council was held on Thursday, November 7, 2002 at 5:00 p.m. at the Eagan Municipal Center. Mayor Awada, Councilmembers Bakken, Carlson, and Tilley tivere present, along with City Administrator Hedges, Director of Administrative Services Van Overbeke and Deputy City Clerk McGarvey. VISITORS TO BE HEARD There were no visitors to be heard. CANVASS OF BALLOTS/NOVEMBER 5 2002 MUNICIPAL ELECTION ?~1a}~or A~~~ada called the meeting to order at 5:00 p.m. Director of Administrative Services Van Overbeke submitted the results of the Municipal Election held on November 5, 2002. flavor Arvada moved and Councilmember Bakken seconded a motion to certify the results of the November 5, 2002 Municipal Election, with all members voting in favor. There being no further business, the meeting was adjourned at 5:05 p.m. Date Deputy 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 ~~ ith regard to public assistance. 9 a~~enda Information Memo tio~ ember 19, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Clerical Tech III-Community Development-- .-ACTION TO BE CONSIDERED: To accept the resignation of Shelley Nelson, Clerical Tech III in the Community Development Department. /D Agenda Information Memo No~~ember 19, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated I~TOVember 7, 2002 and \o~~ember 14, 2002 as presented. ATTACHMENTS: Check registers dated November 7, 2002 and November 14, 2002 are enclosed without page number. Agenda Information Memo Noy ember 19, 2002 Eagan City Council Meeting D. PROJECT 871, HWY 149 & WESCOTT RD LRAFFIC SIGNAL) ACTION TO BE CONSIDERED: Adopt a resolution approving MnDOT Preliminary Layout #1 for Project 871 (Hwy 149 & Wescott Rd -Traffic signal Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • MnDOT has identified the intersection of Hwy 149 and Wescott Rd. as meeting their intersection Safety Improvement Program requirements for the installation of a traffic signal. It is identified in their 2004 construction program and will coincide with the programmed installation of a signal at the RR x-ing on Wescott Rd. just west of this intersection. • In order for MnDOT to proceed with the design and funding application process, the City needs to approve their Preliminary Layout. The plans have been reviewed and found to be in order for formal Council approval. ATTACHMENTS: • Resolution, page ~. /oZ RESOLUTION APPROVING PRELIMINARY LAYOUT NO 1 OF THE AZN DEPT OF TRANSPORTATION PROJECT SP 1916-21, INTERSECTION OF TH 149 & VVESCOTT RD City Project No. 878 WHEREAS, the Commissioner of the Department of Transportation has prepared a preliminary layout for the construction of additional turn lanes and traffic signal at the intersection of Trunk Highway 149 at Wescott Road in the corporate limits of Eagan, and WHEREAS, said preliminary layout is on file in the office of the Department of Transportation, St. Paul, Minnesota, being marked, labeled, and identified as Layout No. 1, T.H. 149 vicinity of City of Eagan from 700 feet southeast of Wescott Road to 700 feet northwest of Wescott Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EAGAN, MINNESOTA THAT: Said Layout No. 1, T.H. 149 vicinity of City of Eagan from 700 feet southeast of ~~'escott Road to 700 feet northwest of Wescott Road, State Project SP 1916-21, is hereby approved by the City of Eagan. Dated this 19t'' day of November, 2002. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION State of Miru~esota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the Cit~ Council of Eagan at a meeting thereof held in the City of Eagan, Minnesota, on the 19t day of November, 2002, as disclosed by the records of said City in my possession. /3 City Clerk Agenda Infornlation Memo '~avember 19, 2002 E. PROJECT 885, HIGHWAY 55 & EAGANDALE BOULEVARD TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: To approve a Traffic Control Signal Agreement for Project SSS (Trunk Highway 55 and Eagandale Boulevard -Traffic Signal Improvements) with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Minnesota Department of Transportation (MnDOT) has scheduled the signalization of the Trunk Highway 55 and Eagandale Boulevard intersection, locat°d west of Interstate 35-E, to be completed in the spring of 2003. • Praject 885 includes the installation of a new traffic control signal with street lights, emergency vehicle pre-emption (EVP), and signing at the intersection, as well as interconnection to the existing traffic control signals at the intersection of Lexington Avenue (County Road 43), and associated improvements at these existing signals. • An agreement between the City of Eagan and the MnDOT has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. • As set forth in the agreement, the City's financial share of these improvements is 33% of the construction costs and 28.6% of the costs to interconnect to the existing signals. Federal funds will provide 90% of these costs, reducing the City's Estimated Total Construction Cost to $5,409.00. • The City will also, at its cost and expense, maintain the luminaires and all its components, including replacing the luminaire when necessary; relamp the street lights; and clean and paint the luminaire mast arm extensions. The City will also provide the necessary electrical power for the operation of the street lights at the above mentioned traffic control signals and pay 100 percent of the costs for the electrical power for the traffic control signals and EVP systems. MnDOT will operate the signals and maintain both the signals and EVP systems. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. /~ .~~~enda Information Memo November 19, 2002 F. CONTRACT 02-09, CENTRAL PARKWAY STREET & UTILITY IMPROVEMENTS .ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 02-09 (Central Park«~ay-Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-09 provides for the new construction of street and utilities for Central Parkway from Yankee Doodle Road to the entrance to the proposed community center. The work includes the construction of a stub of the future Quarry Road on the west side of Central Parkway. • The change order addresses the extra mobilization to remove pavement from a private parking lot, removal and disposal of unexpected construction debris, relocation of a private irrigation line, excavation and backfill of an electrical line trench and pavement marking removal, all associated with the improvements for Project 790R, Central Parkway. • At the request of Lockheed Martin, the portion of their parking lot impacted by the construction activity adjacent to Central Parkway was left intact for as long as practical. Due to the contractor's initial scheduling of the pavement removal work he was required to return the equipment to the site to address the parking lot removals. • Buried construction debris was encountered at the west end of Quarry Road that was not anticipated, but needed to be removed in order to construct the improvements. • A 2" irrigation line owned and operated by Lockheed Martin was originally planned to be removed as part of the contract. Lockheed Martin later requested that the line be relocated to allow the future use of said line. • The change order addresses the grading and excavation necessary to prepare the boulevard areas for the relocation of the existing underground power line at a proper depth. • Removal of existing pavement striping on Federal Drive was necessary to avoid conflicting information for the traveling public. Some parking stalls impacted by the street improvements were also in need of reconfiguration. • Change Order No. 1 also revises the final completion date for the project's bituminous wear course and pavement striping to June I5, 2003. • The costs of the related change order items are all consistent with the bid prices for relevant bid items on this and other projects within the city. The time extension will permit the associated streetscaping to be completed prior to the placement of the final bituminous wear course while ensuring the paving is completed in accordance with state specifications. • 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 a cost increase of $20,398.05 (2.5% of original contract) and an extended completion date for the bituminous, wear course until June 15, 2003. The associated expenditure will be the responsibility of the City's Major Street Fund. ATTACHMENTS: • Change Order No. 1, pages ~ and ~. /S SRF No. 0004394 0090 CITY 4F EAGAN CONTRACT NO.: 02-09 CHANGE ORDER NO.: 1 PROJECT NO.: 79oR DATE: November 7.2002 PROJECT NAME: Central Parkway PROJECT DESCRIPTION The project consists of site grading, water main, storm sewer, curb and gutter, existing traffic signal system modification, and bituminous paving for the road reconstruction and utility installation to serve the Central Parkway and Community Center Areas. CONTRACTOR: Ingram Excavating, Inc. 18900 Pioneer Trail Eden Prairie, MN 55347 ENGINEER: SRF Consulting Group, Inc. One Carlson Parkway, Suite 150 Minneapolis, MN 55447 DESCRIPTION OF CHANGE ORDER WORK Project No. 790R (Central Parkway) This Change Order provides for the additional work as follows: Mobilization to remove pavement in Lockheed Martin pazking lot, removal and disposal of construction debris, relocation of a Lockheed Martin irrigation line, excavation and backfill of Xcel power trench, and pavement marking removal. The Change Order also consists of revising the final completion for bituminous wear course and permanent pavement striping to June 15, 2003. /6 Change Order No. 1 - 2 - Navc:nber 7, 2002 JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER Project No. 790R (Central Parkway) The mobilization was necessary to remove Lockheed Martin's parking lot pavement after the initia3 pavement removal was completed. The initial pavement removal was delayed to minimize the impact and inconvenience to Lockheed Martin. Construction debris located at the wcst end of Quarry Road was discovered that was not anticipated and was required to be removed and disposed of. The two-inch (2") irrigation line was originally planned to be removed, but was revised to be relocated due to Lockheed Martin's change in their desire to maintain the existence of this line. The excavation and backfill of the Xcel utility trench was necessary to ensure proper depths of uncontaminated topsoil in the .boulevards. The pavement mazking removal is necessary to remove conflicting striping on Federal Drive as well as parking stalls affected by the road construction that was originally omitted from the contract. The revised completion date is necessazy to allow the concurrent streetscape project to be completed before the final bituminous wear course is paved and the permanent pavement striping is painted. /7 Change Order No. 1 -3 - DESCRIPTION OF WORK ITEMS November 7, 2002 ITEM N4. EM DES RtP ION N T UNI T Al OUANTIT}ES PRICE AMOUNT Project No. 790R (Central Parkway] A. Lockheed Martin Parkin Lot Pavement Removal • Re-mobitfutlon to Slte 2021.501 tNoaltzetion t.uMP suM i a 160.00 s Iso.oo SUBTOTAL i 460.00 6. Debris Removal and Dis osal 2123.610 Backhw HOUR 12.5 S 195.00 S 2 312.50 2123.510 Tnidt OR-Floes HOUR 7.0 i 125.00 i 875.00 2103.602 Fuld i Di of ConeWdion Debrle 75 CY load LOAD 11 6 190.00 S S 290.00 SUBTOTAL i 8,487.50 C. IM anon Llns Re sir 2504.803 2" lion Line UN <Z 375 f 7.75 i 2981.25 2504.602 Relocate Manhole EACH 1 ti 890.00 i 980.00 SUBTOTAL i x,871.25 D. Excavate Xcel's Trench end Backflll wlth To Boll 2123.610 Mlnl-Excavates HOUR 5.0 130.00 S 660.00 2123.501 Skid Loader HOUR 5.0 5 115.00 575.00 ?123 510 Truk an k>tm HOUR 8.0 S 70.00 i 590.00 SUBTOTAL : 1,765.00 E. Pavement Markln Removal ?102.502 Pavement Merkirp Removal LtN FT 990.0 S 0.61 ~ 597.80 SUBTOTAL f 697.80 F. Pavan of Bituminous Wear Course In June 2003 2563.60+ Tralrx: conga LUMP SUM +.o s 1.000.00 s 1 p00.00 2350.501 T s MV 1 Nherin Course Mixture 2003 Inasaee TON 1365.0 S 2.00 S 2,730 00 Atldttionel 3upervieion, Coordinatbn, and General LUMP SUM 1.0 i 1,696.50 S 1,696.50 SUBTOTAL t 8 428.50 NET TOTAL Chan a Order 1 $ 20,398.05 /~ Change Order No. 1 - 4 - November 7, 2002 CONTRACT STATUS Original Contract: ~IME/COMPLETION DATE October 25, 2002 AMOUNT $ 825,041.35 $ 0.00 Subtotal of Previous Change Orders: This Change Order (No. 1): June 15, 2003 New Subtotal of All Change Orders Revised Contract Percent Increase or Decrease of this Change Order to Original Contract Amount: 2.5% Percent Increase or Decrease of Total of All Change Orders to Original Contract Amount: 2.5% RECOMMENDED FOR APPROVAL $ 20,398.05 $ 20,398.05 $ 845,439.40 By. .~".,.,.. ~. ;~c.t~l~ /Date: /l~ 7 /v z S ons Ming coup, In . !/"~ _°r By: '~~~ /Date: r Ingram Exca ng, Inc. By: "~ z~ ` ate: I ( 1'S o 2. City Department Manage City of Eagan Council Action: Mayor Clerk Approval Date DISTRIBUTION 2 -City I -Contractor 1 -Engineer SRF vo13:H:Civi1:047:4394:DOC:ChangeOrders:4394ChangeOrdttNol_l0-2l-02.doc l9 Agenda Information Memo ?~'ovember 19, 2002 Eagan City Council Meeting G. PROJECT 00-A, OAKBROOKE 4T" ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 00-A (Oakbrooke 4`'' Addition -Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Oakbrooke 4`" Addition was constructed along both sides of Johnny Cake Ridge Road between Diffley Road (County Road 30) and Deerwood Drive. This development required the installation of sanitary sewer, water main, storm sewer and street improvements, all performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. ao AUenda Information Memo No~-ember 19, 2002 Eagan City Council Meeting H. PROJECT 00-S, ORCHARD HEIGHTS ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 00-S (Orchard Heights Addition -Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Orchard Heights Addition was constructed north of Oak Drive near the Inver Grove Heights border in northeast Eagan. This development required the installation of sanitary sewer, water main and street improvements, all performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. ai Agenda Infomlation Memo Noy ember 19, 2002 Eagan City Council Meeting I. PROJECT dl-B, CRANE CREEK ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract O1-B Crane Creek Addition -Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Crane Creek Addition was constructed north of Chapel Lane and east of the Highway 55 frontage road, south of Highway SS. This development required the installation of public sanitary sewer, public water main and private street improvements, all performed privately by the developer under the conditions of the development contract agreement. • The public improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. o~ Agenda Information Memo '~ovember 19, 2002 Eagan City Council Meeting J. BORCHERT LANE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report by the City Engineer for Project 884 (Borchert Lane -Street Improvements). FACTS: ~ On November 5, 2002 city engineering staff received a request from Paul Olson, Superintendent of Parks, requesting the public street improvement of Borchert Lane from Mike Collins Drive to the planned "North Park" property in northeast Eagan. ~ Borchert Lane is currently a 700' section of rural unimproved gravel roadway within public right-of--way that is minimally maintained by City crews. The request is to upgrade Borchert Lane to current City street standards with concrete curb and gutter, and bituminous paving. • With the planned improvements to the North Park property, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ATTACHMENTS: • Request from Parks & Recreation Department, page~~reag~r a3 .~. s ~;~ .;: '.~ iv1El<IO city of eag ~~ TO: Russ 1~latthys, City Engineer/John Go r, Asst. City Engineer FROM: Paul Olson, Superintendent of Par DATE: November 5, 2002 SUBJECT: Borchert Lane Improvements Late this summer, the City Council authorized Park staff to proceed with the preparation of plans and specifcations for phase 1 of the development of an athletic complex on the former tax forfeit property now referred to as North Fields (North Park). Phase 1 will include; • A large turf area that can be used for a variety of field sports, equivalent in size to four regulation soccer fields. An irrigation system will be bid as an alternate. • Parking lot with a capacity of 120 cars. An overflow lot with a capacity of 30 cars will be included in the bid package as an altemate. • Extension of sewer and water service from Borchert Lane to the approximate location of the planned shelter building. The building maybe part of phase 2. • Paved entrance road extending from the property line into the primary parking lot. • Stonn water system including a retention pond. `~'e are expecting to release the project for bidding in January, pending Council authorization in December. Work on the project would begin in the spring of 2003 with completion expected in the fall. The first date for scheduled use of the turf area is projected to be sometime in the fall of 2004. With the development of the site now on the horizon, it would seem to be an appropriate time to begin the process of planning for a road improvement project on that portion of Borchert Lane between Mike Collins and the proposed park entrance road. The segment is currently unpaved and in very poor condition. With the extension of utilities into the park site much of the roadway will be excavated to access the main lines. The land owner to the west of the entrance (Peter Lund) is currently working with the Community Development division to rectify the issue of storage on the property. To aide in our project planning we are asking for an update of the time table and plans for the improvement of Borchert Lane. It would seem to be a prudent time to consider improvement of the road to meet City standards. We are confident that the site will be heavily used in the non-winter season, especially with the imminent closing of the field area at the Blue Cross site and the boom of new turf sports such as lacrosse. The current condition of the road will make for a very bumpy, dusty ride Should you have questions or require additional information, please contact me. Thanks ~y Agenda Information Memo '.~o~~ember 19, 2002 K. PROJECT 680, CLIFF ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Ro11 for Project 680 (Cliff Road -Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. FACTS: • Project 680 provided for the upgrade of Cliff Road (County Road 32) from Ches Mar Lane to approximately 700 feet east of Lexington Avenue (County Road 43), as well as the installation of new utilities. • This project, constructed under Dakota County Contract 32-28, has been completed, with all costs tabulated, value benefit appraisals completed and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public bearing to formally present the final costs to be levied against the benefited properties. An informational neighborhood meeting will be held prior to the Fina] Assessment Hearing to address in detail any concerns property owners may have. as Agenda Information Memo '~o~-ember 19, 2002 L. PROJECT 751R, DODD ROAD SOUTH FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 751R (Dodd Road South -Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. FACTS: • Project 751R provided for the upgrade of Dodd Road from Cliff Road (County Road 32) south to Butwin Road (120th St), as well as the installation of new utilities. • This project, constructed under Contract 02-11, has been substantially completed, with all assessable costs tabulated, value benefit appraisals completed and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. An informational neighborhood meeting will be held prior to the Final Assessment Hearing to address in detail any concerns property owners may have. a~ Agenda Infomlation Memo '~o~~ember 19, 2002 ~I. PROJECT 850, DODD ROAD NORTH~DIFFLEY RD. TO CAMBERWELL DR.) FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 850 (Dodd Road, Diffley Rd. to Camberwell Dr. -Street and Utility Improvements) and schedule a public hearing to beheld on December 17, 2002. FACTS: • Project 850 provided for the upgrade of Dodd Road from Diffley Road (County Road 30) to Camberwell Drive, as well as the installation of new utilities. • This project, constructed under Contract 02-10 along with Project 862, which includes similar improvements to Dodd Road from Camberwell Drive to Wescott Road, has been substantially completed, with all assessable costs tabulated, value benefit appraisals completed and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. An infornlational neighborhood meeting will be held prior to the Final Assessment Hearing to address in detail any concerns property owners may have. a~ Agenda Information Memo '~~ovemher l9, 2002 N. PROJECT 862, DODD ROAD NORTH (CAMBERWELL DR. TO WESCOTT RD.~ FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 862 (Dodd Road, Cambenvell Dr. to Wescott Rd. -Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. FACTS: • Project 862 provided for the upgrade of Dodd Road from Camberwell Drive to Wescott Road, as well as the installation of new utilities. • This project, constructed under Contract 02-10 along with Project 850, which includes similar improvements to Dodd Road from Diffley Road to Camberwell Drive, has been substantially completed, with all assessable costs tabulated, value benefit appraisals completed and the final assessment roll prepared. • Tliis roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. An itlfornatioiial neighborhood meeting will be held prior to the Final Assessment Hearing to address in detail any concerns property owners may have. ag Agenda Information Memo November 19, 2002 Eagan City Council Meeting O. PROJECT 874, GIFT OF MARY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 874 (Gift of Mary -Street & Utility Improvements} and schedule a public hearing to be held on December 17, 2002. FACTS: • On May 2, 2002 city staff received a petition signed by Mr. Richard Copeland, representing Gift of Mary Children's Home, requesting the extension of public sanitary sewer and water main from the Louis Lane intersection with Hwy 55 to serve the Gift of Mary development proposal property. • On June 4, 2002, the petition was presented to the City Council and staff was directed to prepare a feasibility report identifying the scope, cost, method of financing and schedule of the utility improvements. • On October 7, 2002 city staff received an additional petition signed by Mr. Copeland, requesting the Highway 55 frontage road improvements from the Louis Lane intersection with Hwy 55 to the Inver Grove Heights border, to serve the Gift of Mary development proposal property and other adjacent properties. This petition requested the expansion of the scope of the feasibility report for Project No. 874 to include the frontage road improvements. • On October 15, 2002, the additional petition was presented to the City Council and staff was directed to prepare an expansion of feasibility report identifying the scope, cost, method of financing and schedule of both the street and utility improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for December 17, 2002 to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the adjacent and affected property owners prior to a public hearing to review .and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~9 Agenda Information Memo November 19, 2002 Eagan City Council Meeting P. CHANGE ORDER #7, EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve change order number #7, Eagan Community Center, in the total amount of $84,460. FACTS: 1) Architectural Revisions PCO 1073 TKDA PR#10 -Office Revisions 37 -Peoples Electric $ 1,225.00 24 - RE:Source Minnesota $ 201.00 34 -Northern Air Corp. $ 2,129.00 10 - H&B $ 2,406.00 PCO 1083 Doors 212 A&B and Beam EnGosures 11 -Minuti-Ogle $ 7,153.00 These RFIs added gyp board enclosures above doors 212 A&B and also enclosed beams supporting the track along 7 line due to Building Inspection Code Requirement PCO 1085 Central Park Monument Signs 04 - Hollenbeck and $ 8,300.00 Nelson PCO 1090 RFI 176 and 183 -Added Gyp EnG. 11 -Minuti-Ogle $ 2,965.00 Building Inspection Code Requirement for covering structural components along the gym support members, 10.8 line and room 219 PCO 1097 RFI 213 and 203 -Added Gyp Mods 11 -Minuti-0gle $ 1,465.00 Building Inspection Code Requirement for 7 line structural components and the relocation of a cabinet unit heater at the North vestibule within a rated assembly ~ PCO 1098 Add 3' x 7' Access Gate to LD DK 02 -Keller Fence $ 4,400.00 PCO 1104 Sitework -Building Conflicts 11 -Minuti-Ogle $ 1,423.00 Remove and relocate scaffolding and stored materials in incomplete areas of the building to facilitate an enhansed sitework effort. 2) Mechanical and Electrical Revisions PR #OS - Electrical Revisions 36 -Peoples Electric $ 46,517.00 PCO 1028 Electrical Design evolution PCO 1068 ASI #05 -Revisions to Electrical 36 -Peoples Electric $ 2,338.00 Revised electrical in accordance with TKDA ASI#5 3~ PCO 1094 RFI 201 -Transfer Air /Dud Mods Mechanical return air system evolution at the lower level of the Community Center PCO 1105 Realign Sprinkler Heads in Atrium Document revisions required the relocation of the sprinkler heads to align with light fixtures and other architectural features. TOTAL these changes ATTACHMENTS: None 33 - Javens 35 -Summit $84,460.00 $ 2,913.00 $ 1,025.00 3/ Agenda Information memo November 19, 2002, Eagan City Council Meeting Q. APPROVE EAGAN CONVENTION & VISITORS BUREAU BUDGET ACTION TO BE CONSIDERED: To approve the ECVB budget as presented and discussed at the November 12 Special City Council meeting. FACTS: • At its Special City Council Meeting on November 12, Council recommended approval of the $719,000 proposed Eagan Convention and Visitors Bureau budget as forwarded and approved from the ECVB board. • The Council heard from Communications Director Garrison and ECVB Executive Director Ann Carlon and expressed their satisfaction with the plan and recommended its adoption at the November 19 regular Council meeting as a consent agenda item. There were no outstanding issues or questions. • By agreement, renewed in October 2002, the Eagan Convention and Visitor's Bureau promotes the City as a tourist, conference, meetings, and visitor destination. Its funding source is primarily the City's local lodging tax, supplemented by advertising and membership income. • 2002 Eagan Convention and Visitors Bureau revenues dropped off after 9/11, but estimates are higher for 2003 with. another hotel (Comfort Inn) coming online. • The 2003 total proposed budget for ECVB, reviewed and approved by the ECVB board, is $719,000. • ECVB staff project $695,000 in lodging tax revenues in 2003, a 6.9% increase from estimated 2002 actual lodging tax revenue of $650K. • Additional non-lodging tax revenues of approximately $25,000 are expected in 2002. Major 2003 Initiatives The Eagan Convention & Visitors Bureau has completed a proposed 2003 Implementation Strategies & Budget, along with a marketing plan. The initiatives were the outcome of a daylong retreat during late spring with City Councilmember Carlson, City of Eagan Administrator Hedges, and Communication Director Garrison in attendance. ,~a The marketing plan has been reviewed and updated through a series of additional meetings with the ECVB board, Executive Director Carlon and Communication Director Garrison, and with additional feedback from Administrator Hedges and Councilmember Carlson. The major 2003 initiatives, as adopted by the 21-member ECVB board, are to: 1. Promote the Eagan Community Center banquet facility, local meeting spaces and festival grounds to potential users from outside the City and to arrange site visits to spur groups to book meetings in Eagan. 2. Attract sports teats/tournaments to Eagan with significant opportunity for overnight stays and spending in Eagan stores and restaurants. The ECVB is currently engaged in a sports marketing initiative with the City to develop a unique niche for Eagan and increase sports tournaments to attract out-of--town teams into Eagan to compete against local teams. 3. Reach out to visitors in the S-state region to motivate and incent leisure travelers to visit and stay in Eagan, and partake of its many attractions and amenities. Staff Review Review and comparison by Director Garrison and CFO Pepper of the 2003 and previous 2002 budgets indicate the following specific changes: • Increased spending as requested by the Council to promote the Eagan Home and Leisure Show. (Previously in Civic Arena budget.) • An initiative to attract visitors to the benefit of a number of its businesses, not just hoteliers. • Increased advertising expenditures of $10,100 • Increased trade show marketing of $8,500 • Increased equipment spending (largely because of move to community center) of $22,000 • Reduced spending on promotions (based on market projections) of $40,000. ATTACHMENTS: • The attachment of the complete ECVB marketing plan and budget was part of the previous November 12 council packet. A copy is available for inspection at City Hall in the Department of Administration. 33 .agenda Memo No~~ember 19, 2001 COtiSE1T AGENDA R. 2003 TOBACCO LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2003 Tobacco License Renewals for the following: Tobacco Warehouse, Houlihan's, Byerly's, Sam's Club, Joe Senser's Sports Bar, Cedarvale Texaco, Wal-Mart, Cub Foods, Big Top Wine & Spirits, Liquor Shoppe, Casper's Sports Barn, Byerly's Wines & Spirits, MGM Spirits Express, Tobacco Joint, PDQ #214, Duckwood 66, Sid's Discount Liquor, Perrier Wines & Liquors FACTS: • All applications have been reviewed by staff and deemed in order for approval. 3~ Aeenda Memo '_~o~~ember 19, 2001 CONSENT AGENDA S. 2002 TRASH HAULER RENEWALS ACTION TO BE CONSIDERED: Approve the following 2003 Trash Hauler License Renewals: Construction/Demo Haul Tech 767 Hwy. 13 Savage, MN Residential Haulers Waste Management 12488 Pennsylvania Ave. Savage, MN Waste Management 12488 Peruisylvania Avenue Savage, MN Multiple Dwelling/ Commercial Haul Tech 7675 Highway 13 Savage, MN FACTS: Waste Management 12488 Pennsylvania Avenue Savage, MN • The applications have been reviewed by staff and deemed in order for approval. 3S Agenda Memo No~~ember 19, 2001 C0ISENT AGENDA REVISION TO SEPTEltIBER 3, 2002 CITY COUNCIL MINUTES ACTION TO BE CONSIDERED: Approve revision on page 5 of the September 3, 2002 City Council minutes. FACTS: • Typographical errors were discovered in the itemized list of the preliminary 2003 property tax levy, which was under new business of the September 3, 2002 minutes. • The minutes have been corrected to reflect the correct figures ATTACHMENTS: • A copy of page five of the approve September 3, 2002 minutes with notations of the errors is attached as page ~. • A copy of the revised draft page five is attached as page,. • A copy of the 2003 Comparative Summary of Expenditures verifying the figures is attached as page,~_. ~Q Eagan City Council Meeting Minutes September 3, 2002 Page 5 Two residents expressed their opposition to the height of the proposed netting. Councilmembers agreed that a more specific design of the netting area is needed, specifically where the 100 foot netting would be used. After further discussioq the Council agreed that 100' tall poles and netting would not be appropriate at this site. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Parkview Golf Club Driving Range Site Plan modification in regard to parking stalls. Aye: S Nay: 0 Councilmember Carlson moved, Councihnember Tilley seconded a motion to deny the Parkview Golf Club Driving Range Site Plan modification regarding the addition of 75-100 foot tall poles and nets. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF THE PRELIMINARY 2003 BUDGET AND PROPERTY TAX LEVY, SET TRUTH- Ii~-TAXATION HEARING DATES, AND CHANGE THE DATE OF THE FIRST REGULAR COUNCIL MEETING IN DECEMBER City Administrator Hedges gave an overview of the preliminary 2003 budget and property tax levy that was presented to the Council in detail at their August 27, 2002 special workshop. He stated that the budget will be presented in detail for the Council and public at a public hearing to be held December 2, 2002. Mayor Awada moved, Councihnember Bakken seconded a motion to approve the preliminary 2003 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund Equipment Revolving Fund Major Street Fund General Facilities RenewaUReplacement Subtotal -General Revenue levy Community Center bonds debt service Cedarvale Special Services District Total levy $ 16,514,300 800,000 1,102,500 110,250 1,038,800 3 S 19,56 ,,850 Councilmember ~ moved, C~uncilmember Bakken seconded a motion to approve the preliminary General Fund budget o 19,565,8 lus a contingency of $427,OS0. Aye: S Nay: 0 ZI ,3'_si,VSV Councihnember Bakken moved, Co cthne ber Fields seconded a motion to set the initial Truth-in- Taxation hearing date for Monday, December , with a continuation hearing date (if necessary) of Tuesday, December 10. Aye: S Nay: 0 Councihnember Bakken moved, Councilmember Tilley seconded a motion to change the date of the first regular city Council meeting in December from December 3 to December 2. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT -SPECTRUM INVESTMENT GROUP, LLC City Administrator Hedges introduced this item regarding requests for conditional use permits to operate a Class I restaurant and serve on-sale liquor, and requests for a variance to allow 9' X 18' parking stalls and a 15 foot 3~ Ewan City Council Meeting Minutes a~ September 3, 2002 ~ ~~ Page ~ Two residents expressed their opposition to the height of the proposed netting. Councilmembers agreed that a more specific design of the netting area is needed, specifically where the 100 foot netting would be used. After further discussion, the Council agreed that 100' tall poles and netting would not be appropriate at this site. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Parkview Golf Club Driving Range Site Plan modification in regard to parking stalls. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny the Parkview Golf Club Drivin, Range Site Plan modification regarding the addition of 75-100 foot tall poles and nets. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF THE PRELIMINARY 2003 BUDGET AND PROPERTY TAX LEVY, SET TRUTH- IN-T.-~.!L~TION HEARING DATES, AND CHANGE THE DATE OF THE FIRST REGULAR COUNCIL AfEETING IN DECEMBER City Administrator Hedges gave an overview of the preliminary 2003 budget and property tax levy that was presented to the Council in detail at their August 27, 2002 special workshop. He stated that the budget will be presented in detail for the Council and public at a public hearing to be held December 2, 2002. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the preliminary 2003 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund $ 16,514,300 Equipment Revolving Fund 800,000 Major Street Fund 1,102,500 General Facilities Renewal/Replacement 110,250 Subtotal -General Revenue levy 18,527,050 Community Center bonds debt service 1,038,800 Cedarvale Special Services District 3 000 Total levy $ 19,568,850 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the preliminary General Fund budget of $21,351,650 plus a contingency of $427,050. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to set the initial Truth-nr- Taxation hearing date for Monday, December 2, with a continuation hearing date (if necessary) of Tuesday, December 10. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to change the date of the fast regular city Council meeting in December from December 3 to December 2. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT -SPECTRUM INVESTMENT GROUP, LLC City Administrator Hedges introduced this item regarding requests for conditional use permits to operate a Class I restaurant and serve on-sale liquor, and requests for a variance to allow 9' X 18' parking stalls and a 15 foot 38 2003 Comparative Sum of Exp 8/30/2002 Auy„s: ~ ~ 'version 2003 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 2000 2001 2002 2003 Actual Actual Budget Budget % Change GENL GOVERNMENT 2002 to 2003 01 Mayor 8 Council S 103,883 S 116,437 S 104.800 S 101,500 -3.1°10 02 Administration 644,804 742,054 681,500 724,600 6.3% 03 Information Technologies 655,991 692,350 976,400 890,200 -8.8% 04 City Clerk with Finance with Finance 232,100 198,100 -14.6% 05 Finance 884,594 850,712 771,800 802,000 3.9% 06 Legal 341,104 338,720 374,200 427,000 14.1°k 07 Comm DevlPlanning 1,228,020. 674,123 592,200 590,700 -0.3% 08 Inspections with Planning 662,290 795,800 825,000 3.7% 0~ Communications 181,917 234,424 367,400 444,700 21.0% Gen Govt Total 4,040,313 4,311,110 4,696,200 5,003,800 2.2% PUBLIC SAFETY 1 i Poiice 6,867,632 7,417,816 7,666,700 7,997,900 4.3% 12 Fire 950,343 991,196 1,155,600 1,187,600 2.8% Public Safety Total 7,817,975 8,409,012 8,822,300 9,185,500 4.1% PUBLIC WORKS 21 P~DIIC Works Engineering 1,234,292 1,433,021 1,204,400 1,225,550 1.8% 22 Streets 8 Highways 2,159,678 1,345,072 1,435,600 1,477,600 2.9% 2a Central Svices. Maint. 453,529 482,797 472,100 481,700 2.0% Public Works Total 3,847,499 3,280,890 3,112,100 3,184,850 2.3% PARKS 8 RECREATION 31 Parks 8 Recreation 2,535,033 2,746,586 2,867,400 3,092,100 7.8% 32 Tree Conservation 246,435 292,056 282,300 327,200 15.9% Parks & Rec Total 2,781,468 3,038,842 3,149,700 3,419,300 GENL GOVT BLDG MAINT 33 Building Maintenance 552,762 555,899 564,500 558,200 -1.1% Total Expenditures- General Fund 19,040,017 19,575,553 20,544,800 21,351,650 3.9% 41 Contingency--undesignated 250,900 427,050 70.2% Total Expenditures ~ Contingency S 20.795.700 $ 21.7713.700 4.7°k 39 Agenda Information Memo Noven.~er 19, 2002, Eagan City Council Meeting ' ~ FI~iAL StiBDI~'ISION - (~'ATERS EDGE) ~:.. . ACTIO\S TO BE CONSIDERED: To approve a Final Subdivision to create nine single family lots on 4.6 acres located at 1470 Englert Road, west of Pilot Knob Road. FACTS: • There is an existing single family dwelling and accessory structure present on Lot 1, an existing shed is located on Lot 2. • The development is in an R-1 single family residential zoning district. • Access to the lots is from Englert Road. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. • The plat has been submitted to the County Surveyor for review. • Dakota County will allow the existing driveway to continue to exist by permit application. • Dakota County is requiring right of access to be dedicated along all of CSAH 31. ATTACHMENTS (2}: Final Plat - ~1• ~~ ~fo V 1 3 _ ... ~ i • e 4= ~ . /tg .~N~ AYMH~JIH GIV 31V1S ~11Nf10~1 ~ ~ ~ ~~ ~ `~ ~ ~ OVON 90NH 1O'11d ;~t I I s ~ ~ t ~ = ; R;; ~ ~ ~f ~_ - I ~ !i ^j; ~ .. .. I I f i ~ ~:: a :.: I _ -.. f= ,{' I ~ I ~ ~ I ~ ~ I f I I I I I I I n ~ ~ >S ~ ~ 1 1 ' I I 1 I A : / 1 L----ywy--.~ I w / / !~ Q O ~ 1 ~ I I ~Y ~ I i '' yA. ~ ~DS~i z ~ ~~ I I : I ~ I ~ i )) fy~y IZo S'~ 3 ;a~i . .. I !I i H ; ~ ~'- 10'lti 3.CO.CLOS ~ ... \ ~':, ' j__ ~ S s ; f '~ W I i '-----~=--~ I ~ --• .. \ ~ ~ ti. .. : s `~S t~ a FYf~s f t S3 fr sa ( ~ a d :. -ni • }I V 2 I ~ ~ i ~ O I .. ~ i ... \ i, ~ . 2 ~ `Y I ~ o I )~ I ~ ^ ~ ~, O ~ ~ 8 J .. ~ ~ `~ J y I .. .. : ~ ~ I I ---- :~ui --, 1 I I x .. .. '~~ 1 ~ ' ~ ; ~ A ~ I ' _~ ~ J ~ j ~ - i ------ --- ~-z :~: Is e ~ - ~ 1' ~,, v f .. ~ ~ ~ 1 1 ' I 1 .Z. a: ~--------~ -----~. .. ~.. '- yo'at • '. .. '• .. ~ I gin,.. I ~ + ... I ~ ~ °. ~:, ~ ~a N 0~ 1 d 3~ X 3 ~ T -~" .--~~ - .- .. ~~ _-~-~a :~=, ~I s ' _ V' ~ J ci c 0 `o 'u 0 yH Q O C 4 O t 0 D: N C, 0 h 8 ~ ^ Ll ~J `. L' ~. ~fi Agenda Information 1~~Iemo \o~~ember 19, 2002, Eagan City Council 1\Zeeting V. PUBLIC HEARINGS .-~. VARIANCE - ~~'EST END HUNTING AND FISHING CLUB ACTIONS TO BE CONSIDERED: To approve a variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road; subject to the conditions in the Staff report. FACTS: • The existing parking lot does not comply with parking standards. • The property is about 19 acres with access from Gun Club Road. • The property is secluded and surrounded by woodlands. • The club is currently designing two new buildings to replace the four existing structures; the two new buildings are a clubhouse used for social gatherings and training, and an accessory structure for storage. ISSC;ES: • The property is not serviced by City sewer and water. Private systems are discouraged generally, and, particularly, for commercial uses. Staff is unaware of any other commercial use served by private systems. • The property is not platted. ATTACHMENTS (1): 1f Planning staff report on pages 73 through ~f~ PLANNING REPORT CITY OF EAGAN REPORT DATE: November 13, 2002 .-APPLICANT: Thomas Wood PROPERTY O~~'NER: Thomas Wood REQUEST: Variance CASE: 36-VA-33-10-02 HEARING DATE: November 19, 2002 APPLICATION DATE: October 30, 2002 PREPARED BY: Sheila O'Bryan LOCATION: 650 Gun Club Road COMPREHENSIVE PLAN: P, Park ZONI\G: P, Park SU~I~IARY OF REQUEST Tom ~'~%ood requests a Variance to the parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road in the SE'/4 of Section 36. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a ~~ariance and impose conditions and safeguards only if: 1. The CowZCil 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. CODE REQUIREMENTS All off-street parking areas shall be constructed with curbs or similar barriers to contain all vehicles. All off-street parking areas for four vehicles or more shall be constructed with concrete curb, all lots and driveways shall be surfaced with a material to control dust and drainage. ~{3 Planning Report -West End Hwlting and Fishing Club '.~o~ ember 26. 2002 Pa~~e 2 BAChGROC\D/HISTORY The on ginal building permit for the clubhouse was issued by the Board of Supervisors of Eagan To~~~nship on June 6, 1961. At that time a special use permit was issued limiting the shooting day s to Sundays, Mondays, Wednesdays and Thursdays. In 1980 the City Council approved a building permit for the Club to construct a new clubhouse on unplatted property. A condition was added that the Club dedicates a forty foot half right-of--way to allow for the future construction and improvement of Gun Club Road. EXISTING CONDITIONS The property is not platted and is not serviced by City sewer and water. The property is zoned P, Park. Currently the property contains four buildings on the lot. There is one garage, one shed, oi~e barbeque pit, and one clubhouse. There are also four trap ranges. The parking lot is not curbed or paved; sole access is from Gun Club Road and is also not paved. The site is wooded and contains about 19 acres; there is a pond on the north portion of the site. EVALUATION OF REQUEST The club is designing two new buildings to replace the existing four structures. The main social club building is less than 5,000 square feet and will contain a dining room with a bar, a training room, one office, kitchen and restrooms. The building will be used for social gatherings that seat 204 people as well as training. The second building is a 1,200 square foot accessory structure. This building has adrive-in door and dock access. Along with the new buildings additional landscaping will be provided. At the time of building permit it is necessary to plat the property as ~~-e11 as provide a tree inventory. The requested variance is to the parking requirements of curb, gutter, striping and pavement. The site is in a secluded location surrounded by woodlands. The proposal includes class 5 limestone for the parking lot. The site plan indicates approximately 102 parking spaces, only 64 are required by City Code. With future construction of a new social clubhouse and storage facility, improvements are being made to the site, staff asserts that this is the appropriate time to make improvements to the overall lot and conform to present City Code requirements. The property is not serf-iced by City sewer and water. Private systems are discouraged generally, and, particularly, for commercial uses. Staff is unaware of any other commercial use served by private systems. It is up to City Officials to determine if it is appropriate for this site to vary from City Code standards. APPLICANT'S ESTIIViATE OF HARDSHIP The applicant believes the variance is warranted because sole access to the property. "The site is in the far southeast corner of Eagan in a relatively rural setting that asphalt would not be essential to maintaining the character of the site; and the site is secluded within this natural setting and as such would not be visible to the existing adjoining landowners." The applicant currently ~V Plamiing Report -west End Hunting and Fishing Club '~u:elliuer 26. 2002 Pa«e 3 pro~~ides dust control for the existing crushed rock drive and parking during dry summer periods and would continue this practice. SL':~I~IARY/CONCLUSION The \~'est End Hunting and Fishing Club requests a variance to the parking lot requirements of curb. gutter and paving. The property and the use are unique. The number of parking spaces is leased on the number of seats in the clubhouse. The submitted plans indicate more than enough parking is available. Any time new development or redevelopment is proposed it is important to revie~~- the site as a whole and determine the necessary improvements necessary for the site to fully comply with current City Code requirements. Location, use, and intent are all factors that should be considered in determining the appropriateness for the parking standards. ACTION TO BE CONSIDERED To approve a variance to the parking lot requirements of curb, gutter and paving for the West End F-Iunting and Fishing Club located at 650 Gun Club Road. Subject to the following conditions: 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. ?. The o~t~ner shall provide dust control for the crushed rock parking lot and drive. ~{S Q Egan Boundary ' ~cca~~~n Mai scree. c.ntoitn_ ~FarcdM,a Bulldiny Footprint ' ° M ., ~ y t ya V ,.. ~ os 4 ~. + ` ~ Dn9O ~ ~ . to ~,.. ..., ..~ _ f~ ... ~ is h d d 3• ~ ~ 4 m d C ~ ~ ;~ 4 . , ~~ I ~ ii d8 o • ~ p H ,.~ ®~ 7 ~ u °a fi, ~, , c @ ~ a • ~..g ~ J\ + ® ~ der ;~ i ~~ ^. 4 ~ F ;~. ~ J/ .~ $ 0 h +~ d ~~ ~ P ~ ® ~ C a o ~ ` ~ ~ ~~ t ~ t • ~ ~ ~ Q' ~ j:3 J ~ ~~ ~0 ~ ~. r' . ~ ~ ~ m ~ h - ~~ ~ ~ , • . a ~ ~ ,~ ~~ 3 ~ t~ ~ ~ o e L "7 - 4 Subject s `~ Sit e e ~ s _~ 1000 0 1000 2000 Feet Devetopment/Developer. West End Hunting and Fishing Club Application: Variance Case No.: 36-VA-33-10-02 ~~ M.p Pnp.nid wing ERaI ArtVNw 7.7. ian:.l ar m.p d.t• ptovidW SY Cakou Ceunry Land l~wvy D.pattrnn+t aM k ewnnt n W MarcA 1002. THIS tRAp IS INTENDED FOR REFERENCE USE ONIY N W~ E City of Eagan MIN .N E S O 7 A Th. City Of Eayan and tlakota Courtly t!o not y~aranto. th. aceuney of tills irttortnatbn wnd an S Cetnnwnay p.,,reaeunt D.'trttsM not naponaibl. ier amen M otniaNOn.. 7300 WEST 47TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 «'EST END FISHING AND HUNTING CLUB: COMi~I NO: 01024 DATE: October 29, 2002 SUBJECT: Project Narrative The West End Fishing and Hunting Club is an Eagan club that provides fishing, hunting and gun safety training; trap shooting practice and competition; and social gathering opportunities for its members and guests. The Club is currently designing two new buildings to replace the existing four structures that will be relno~ ed. The main social club building is less than 5,000 square feet and will contain a dining room with bar, a training room, one office, kitchen and restrooms. This building will be used for social gatherings as well as for training classes. The second structure is a 1,200 square foot accessory storage building. This building has adrive-in door and dock access. The Club receives approximately eight deliveries per year for clay birds and pre-packaged shells that will be stored in this building to be used on the trap ranges. The exterior of the buildings have a quality country club image and will be of low maintenance permanent materials. Both buildings will have a wainscot of integrally colored decorative rockface concrete masonry units on aII sides. Above the wainscot will be prefinished metal lap siding. The trim and facia will also be prefinished metal. The buildings wilt be roofed with architectural grade shingles. The site will be improved adding landscaping azound the new buildings and providing accessible paths between the parking, trap ranges and main building. The site will remain very natural including the mature trees throughout the site as well as the existing pond on the north portion of the site. The building and parking will only cover approximately 7% of the total 19.0 acre site. This variance request is for providing class 5 limestone parking lot and drive instead of asphalt parking along with curb and gutter. The owner is requesting this variance for the following reasons. • An approximately 1/4 mile long crushed rock road beyond the site provides accesses the current facility. An upgrade on this site would then go from crushed rock back to asphalt. • This site is in the far southeast corner of Eagan in a relatively rural setting that asphalt would not be essential to maintaining the character of the site. • This site is secluded within this natural setting and as such would not be visible to the existing adjoining landowners. • The Owner is currently accustomed to providing dust control for the existing crushed rock drive and parking during dry summer periods and would continue this practice. H^?001`010:4~CITY REVIEW ISRE, CLP)~NARRATIVE.DOC S' ~ If there are any additional questions about the operations or proposed facility, feel free to contact the Owner or myself. Respectfully submitted: -~ uinn S. Hutson, AIA CNH Architects, Inc. cc: File Tom Wood, West End Fishing and Hunting Club H~200{\01024\CITY REVIEW (S17E, CUP)WARRATIVE.DOC ~~ J ~ n olouw~ 'uebe7 (/V/+ b ~ 8f11~ ~JNI1N(1H 4N1/ ' ~ ~QQ 3 0 ~JNIHSI~ aN31S3M o a Z I i ~~ ~~~~~~ :~d~ ~~~ ~~~ ~g~ ~~~ 6~~~ e~ ~~ ~ ~ ~~. ~~ y~ z m ~~~ ~~~~~~~ ~t~~ ~~t 7~~ ~~~~ $3 a~~~ ~'~~ ~6 a~ I O U - =0 ~- O z ~ ~~ ~~ t r ~ ~i j ~ .t i ~~,E §~ @@ ~~~s ~~ ~~ ~ ~ ~~~ r p~ ~ yd 5T. zl °:~A a~~$~~~ ~ ~~~ r I ~, i i~ i I j ~ ~c i ~ . I ~~ I t I .aca _ i ' _ dNNO?17V2~ ~-~-ard ~ 77Yd is _ ' ' , ,~ -~ ,~ ~~ '; __ _ - ~. ~ -,~----~ ~=_ `~~b Agenda Information Memo '~ovember 19, 2002 Eagan City Council Meeting OLD BUSINESS A. CONTRACT 00-12, MVTA PARK & RIDE SANITARY SEWER EXTENSION ACTION TO BE CONSIDERED: To approve the final payment. for Contract 00-12 (MVTA Park & Ride -Sanitary Sewer Extension) in the amount of $30,000.00 to Design Excavating, Inc., accept the improvements for perpetual City maintenance subject to warranty provisions and stipulate the source of funding for the additional mediated settlement amount. FACTS: • Contract 00-12 provided for the extension of sanitary sewer, via steel casing, to serve the Minnesota Valley Transit Authority (MVTA) Park & Ride building facilities at the intersection of Pilot Knob Road and Yankee Doodle Road, as authorized by the City Council under City Project 793. • The sanitary sewer extension was petitioned by the MVTA. Under the terms of the Development Agreement for this Park & Ride facility, the MVTA agreed to accept 100% of the costs associated with this public improvement • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ISSUES: • During the course of this construction, the contractor had difficulties complying with the approved design standards, and subsequently incurred additional costs. The City would not agree to accept any costs over the original contract amount. The Contractor then sued the City claiming $127,000 in extras. As a result of a Court ordered mediation, the City, MVTA and Design Excavating agreed to an additional $15,223.40 as a final settlement amount. The League of Minnesota Cities Insurance Trust (LMCIT) will pay $5,000 of this mediated settlement on behalf of the City. The MVTA is requesting that the City assume another $5,000 of this settlement with the remaining $5,223.40 then added to the final assessable costs to the MVTA. • Due to the MVTA's waiver of the final assessment hearing, there is no other opportunity for the Council to address the proposed financing of this additional cost. so i i-= = T~[senbilt Homes November 5, 2002 John Gorder, Assistant City Engineer Pamela Dudziak, Planner Honorable Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Thorpe Woodland Gardens 2"d Addition To Whom It May Concern: Tilsen Homes, Inc. 1235 Balsam Trail East Eagan, MN 55123-1705 (651) 552-7120 Fax 455-4948 452-4980 We are hereby requesting a change in the~reliminary subdivision approval; and final plat approval for Thorpe Woodland Gardens 2 Addition to provide sanitary sewer service via individual forced sewer ejector pump systems in lieu of a city lift station. This will require a modification of conditions 8 and 9 previously approved. Fina! design specifications for the lift station from the City require a telemetry not envisioned or discussed earlier. The cost of this item alone is over $9000. In conjunction with other final bids being received on the lift station the cost has become prohibitive. Our understanding is that the City Engineer had originally expected homes built on this property (and the adjacent parcel to the north) to use individual pumps. Ongoing City maintenance expense for the proposed lift station will be eliminated. Also, the elimination of the sewer line that was to have run between the lift station and the property to the north can potentially save a number of significant trees between Lots 1 and 2 and eliminate the 16 foot deep hole necessary at the property line that likely would have damaged the off -site trees discussed at the preliminary plat approval. Thank you for your consideration. Yours truly, . ~~~~ J es Tilsen ~~ Land Developers • Residential Construction • Property Management O";~.~~. ~ ;..a.,cn y1QQ7 i i Agenda information Memo '~ o~ ember 19, 2002 Eagan City Council Meeting B. THORPE WOODLAND GARDENS 2"D ADDITION CONSIDERATION TO MODIFY CONDITIONS OF PLAT APPROVAL ACTION TO BE CONSIDERED: To modify Conditions 8 and 9 of the Thorpe Woodland Gardens 2"`' Addition preliminary subdivision approval. FACTS: • On July 16, 2002, the City Council approved the preliminary subdivision of Thorpe Woodland Gardens 2"d Addition, south of Yankee Doodle Road and east of Wescott Woodlands, subject to certain conditions of approval. • Condition 8 of that approval reads: "The developer shall construct a sanitary sewer lift station and force main pipe to serve the development and future development of Parcel 010-01 to the north, in accordance with City engineering standards." • Condition 9 reads: "This development shall provide a gravity flow sanitary sewer pipe (to the parcel to the north), in accordance with City engineering size, depth, and capacity standards." • The developer, Mr. James Tilsen of Tilsenbilt Homes, is requesting a modification of these conditions. ISSUES: • Mr. Tilsen is requesting that the requirement for the construction of a sanitary sewer lift station and force main pipe be removed based on the high cost of construction in accordance with City standards for a publicly maintained facility. • Mr. Tilsen proposes instead to install individual private ejector pumps inside each of the five houses to pump sanitary effluent through separate force main service pipes to the public sanitary sewer line at Wescott Woodlands. These individual sewer service pipes would range from approximately 150' - 300'. • The service pipes are proposed to be installed close together in the same trench. City staff has concerns regarding difficulty of individual homeowners (or its association) ability to maintainfive service pipes in such close proximity. • This proposed sanitary sewer service plan would eliminate the opportunity to provide gravity-flow public sanitary sewer service to the property to the north (Cond. #9), Parcel 010-01. If the requirement for the public lift station is removed, possible future subdivision of Parcel 010-01(approximately 2.2 acres) would also need to be served via private pumps installed for each potential house. ATTACHMENTS: t~ • Letter from Developer, pagaJ S/ Agenda Information Memo Noy ember 19. 2002 Eagan City Council Meeting C. CONSIDER COVENANTS -CITY OF EAGAN -ACTION TO BE CONSIDERED: To approve Covenants for City-owned property of approximately 12 acres, currentl}~ zoned NB, (Tax PIN 10-02400-014-75) located on Diffley Road at Highway 3. FACTS: At their regular meeting of November 7, 2002, the City Council approved a rezoning of the property from Agriculture to Neighborhood Business and directed the City Attorney to prepare a Declaration of Restrictions and Covenants that would be imposed upon the City's sale of the property to a yet undetermined party. The entire parcel (approximately 12 acres) was acquired by the City as part of the County Rd. 30 (Diffley Rd) improvement in 1993 expressly for ponding purposes. The related ponds are critical for flood control as part of the City's Storm Water Management Plan for this area of the community. Due to the elevation changes across the entire parcel, the ponds were constructed over the western 2/3"'. The residual 1/3 (approx. 3 acres) adjacent to the corner of Hwy 3 and Diffley Rd. was graded to accommodate some future development after sale by the City. .- Staff estimates approximately 2.7 acres of the site are developable. At their regular meeting of September 17, 2002, the City Council directed staff to initiate the rezoning process of the site from Agriculture to Neighborhood Business. In accordance with past practice, the parcel will be sold in its entirety with the City retaining a public drainage, utility and ponding. easement or conservation easement over the storm water ponding areas. This allows the entire parcel to remain under one legal description for recording purposes but still protects the public's interests through the public dedication of the easement areas. The Advisory Planning Commission held a Public Hearing on October 22, 2002 and is recommending denial. ATTACHMENTS: (2) Draft Declaration of Restrictions and Covenants on page through Sb List of NB uses on page ~ through. S3 DRAFT DECLARATION OF RESTRICTIONS AND COVENANTS This Declaration ("Declaration") is made this day of _ the City of Eagan, a Minnesota municipal corporation ("Declarant") RECITALS , X002, by V~'HEREAS, Declarant is the fee owner of that certain real property located in Dakota County .Minnesota legally described as follows (the "Property'): Tl~e South Four hundred eighty-four and twenty-nine hundredths (484.29) feet of tl~e East '/ of the Southeast '/4 of Section 24, Township 27 North, Range 23 West lying West oi~ the westerly right-of--way line of State Trunk Highway No. 3, EXCEPT that part designated as Parcel 5 on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 1 ,6 on file and of record in the office of the Dakota County Recorder: R~'HEREAS, Declarant desires to subject the Property to the covenants and restrictions contained in this Declaration; DECLARATION NOW THEREFORE, in consideration of the foregoing premises, Declarant hereby makes this Declaration and subjects the Property to the covenants and restrictions set forth herein. hereby declaring that this Declaration shall constitute covenants running with the land and declaring that the Property shall be owned, encumbered, used, occupied, operated and conveyed subject to the covenants and restrictions described in this Declaration, all of which shall be binding upon each person owning or acquiring any right, title or interest therein and their respective heirs, personal representatives, successors and assigns. 1. Use Restrictions. Subject to the terms and conditions of this Declaration and tl--e reservations and covenants contained herein, Declarant hereby declares and imposes upon the Property the use restrictions set forth below: The following uses shall not be permitted upon the Property or any portion thereof: S~ a. Class II Restaurants b. Radio and Television studios c. Motor Fuel Stations d. Cony enience Stores e. Car Washes All of the foregoing uses shall be prohibited uses on the Property. ?. Covenants. Declarant hereby covenants that the Property shall not be held. transferred, sold, conveyed, occupied, altered, or used in violation of the restrictions set forth in Paragraph 1 of this Declaration. 3. Reservation. Nothing contained in this Declaration shall in any way prohibit. restrict or limit the Declarant, its successors or assigns. from fully convey ing. transferring, occupying or using the Property for all pw•poses not inconsistent with the use restrictions set forth in Paragraph 1. -}. Binding Effect. The covenants and restrictions created hereunder shall constitute covenants running with the land and will be binding upon an inure to the benefit of Declarant's respective successors, assigns. transferees. tenants, employees. agents, customers, licensees and invitees. ~. Enforcement. Declarant shall have the right to enforce by a proceeding at la~~ or equity. all covenants and restrictions now or hereinafter imposed h}' the provisions of this Declaration. In view of the purposes of this Declaration and the wlique characteristics of the Property, it is acknowledged that money dama~~es to Declarant in the event of a violation of the terms hereof would be an inadequate remedy, due to the irreparable and immeasurable harm done thereh~ . Accordingly, Declarant shall have the right, in addition to any other remedies available at law or equity, to apply for and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief by way of restraining order. injunction or otherwise, prohibitory or mandatory, to prevent and enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce performance of the terms of this Declaration. If successful, Declarant shall hr entitled to recover from the party violating the terms of this Declaration. reimbursement for all costs and expenses of litigation, including reasonable attorneys' fees, witness fees, service of process fees. deposition costs, expert witness fees, and any other costs incurred in securing such relief. 6. Severability. Invalidation of any of the provisions hereof by judgment or court order shall not effect any of the other provisions which shall remain in fiill force and effect. CITY OF EAGAN, a Minnesota z ss municipal corporation By: Patricia E. A~~ada Its: Mavor B}': Maria Karels Its: City Clerk Sl :~ l_E OF MINNESOTA ) ss. C(~l iNTY OF DAKOTA ) 1-he foregoing instrument v~~as ackno«~ledged before me this dad of ~uO~. h~~ Patricia E. Aw-ada and Maria Karels, the Mayor and Cit}• Clcrl: of the Cite of Ea~~an. a \iinn~sota municipal corporation, on behalf of the municipal corporation. Notar}~ Public i I [I~ INSTRUMENT DRAFTED BY: ~1=V"TRSON, SHELDON, DOUGHERTY ~~ MOLENDA, P.A. 7,00 ~~'est 147th Street, Suite 600 ~pplc Valle}, Minnesota 55124 < <~~? 1 -1 ~?-3 l 36 ~:~1_ (~06-O-I768) ~Laean/Miscellaneous/Declarations..../11.02 Declaration) -, J S~ i i, u u .Sahel. IU. ?~B \eishborhood Business District. :a. Purpose. Neighborhood business districts are small business areas generally located adjacent to or in close proximit}~ to residential neighborhoods that are intended to provide daily retail goods and services. B. Permitted uses. 1. Bakeries ?. Barbershops 3. Beauty parlors 4. Clinics ~. Clubs and lodges 6. Copy Centers 7. Drug stores 8. Financial Institutions without drive-thru 9. Florists 10. Funeral homes and mortuaries 1 1. Hardware stores 1 ~. Hobby shops 13. Laundry and dry cleaners I ~. Laundromats 1 ~. Off-sale liquor stores 16. Offices, Professional 17. Photography studios 18. Restaurants (Class I) 19. Shoe stores 20. Sporting goods stores C. Conditionnl uses. 1. Animal clinics when contained within a building s~ D E ~. Car+vashes 3. Convenience stores ~1. Daycare (Commercial) ~. Drive-thrus 6. Motor Fuel stations 7. Nursing homes, retirement Domes or hospitals for Duman care. and day care centers. S. Off-street parking vtihen the principal site of the off-street parking abuts on a lot which is in another zoning district. q. On-sale liquor, ++ine or 3? beer. 10. Outdoor storage +vhen conducted by an occupant of the principal buildin~z subject to section 1 1.70 subd. 14. 1 1. Radio and television studios. 12 . Seasonal outdoor sales subject to section 1 1.70 subd. 14. 13 . Restaurants -Class fV PeeveeiUed acc•essort• uses'. l . Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. ?. Private garages, off-street parking and loading spaces, as regulated b+ this chapter. 3 . Public telephone booths provided all yard requirements are met. 4 . Temporary outdoor events subject to section 1 1.70, subd. 14. Belk Slcnnlnrcls. Lot Area 10,000 s . ft. Lot Width 100 feet Front Yard Setback 30 feet Side Yard Setback l0 feet Rear Yard Setback 20 feet Hei ht (max.) 30 feet Greens ace 30 ercent J`~~' ~.Idilinrml setbncks. The follo~~ ing shall be the minimum required building setback for anv building in am yard in all zoning districts along any interstate or state hi~_hwav. major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current city thoroughfare plan: THOROUGHFARE RIGHT-OF-WAY MINIMUM SETBACK Major Thoroughfare 1 ~0 feet ~0 feet or 12~ feet tfom ri~~ht-of-wa4 centerline, whichever is ;realer - tilajor Thoroughfare 100 feet 50 feet or 130 feet from right-of-wa_~ centerline, whichever is greater Minor Thoroughfare 80 feet 40 feet or 80 feet from right-of-wa} centerline, whichever is greater S9 _l~~end~~ Information Memo \, ~~ ~~mh: r 19. X00? Eagan City Council Meeting ll. CONSIDER THOMAS WOODS TRAIL CONNECTION - MANLEI' DEVELOPMENT ACTION TO BE CONSIDERED: To provide Direction for a Manley Development trail location to Lebanon Hills Regional oil south Dodd Road near the Red Pine Road extension. FACTS: At their regular meeting of September 17, ?002, the Cit~• Council re~~ie~t~ed and rejected an alternative trail location (within the Natures Edge development) and directed Mr. Kurt Manley to install the trail at the originall~~ proposed location. Issues with the trail easement document were raised. The executed easement documents were not recorded at the County before the properties affected changed ownership. Because of the change in o~~nership. the ~~alidity of the easement documents is not clear. In an effort to get some closure on this issue, staff wrote a letter (attachedl to 1\1r. Manley encouraging him to finalize this trail issue. t~SL"ES: Staff suggests the Council reconsider and give direction an alternative U•ail location should the trail easement off of McFadden Trail be determined to be. ATTACHMENTS: (1) C)ctober ?9. ?00? staff letter to Manley Land Company on page ~~ and Cje~ . (Staff will prepare and present exhibits illustrating alternatives for Tuesday night.) 60 October 28, 2002 MR. KURT MANLEY MANLEY LAND COMPANY 2113 CLIFF DR EAGAN MN 55122 RE: MANLEY ADDITION -TRAIL CONNECTION Dear Kurt: As you are aware, a trail connection from the above referenced subdivision to Leheu~~~n Hills Regional Park off McFadden Trail is required. The Cite understands that ther~• li;i~ been some confusion and delay with recording the easement you provided: ho~~ever. ,c~ its regular meeting of September 17, 2002, the City Council did direct the phi ~ie,cl installation of this trail to occur this fall. At that time, you summarized discussion and direction given to you by the Ad. i:~~r~ Parks and Recreation Commission and that was to provide the trail connection [is originally planned. Additionally, on September l7th the City Council reviewed ,end rejected an alternate trail connection to the county park via the Natures Edgesubdi~ i`ic~n because that connection would provide immediate park access to far fe~~er housel~~~lds and a more circuitous and inferior connection for the majority of households in the ~n~e~i intended to be served. When the City Council was considering action on your Centennial Ridge development ,~i its regular meeting of October 15, 2002, the discussion that night covered many t~~~~irs from fencing/screening on the north edge of Centennial Ridge to the unresolved ~r;iil issue in southeast Eagan. During this somewhat disjointed discussion, I believe ~c~u suggested that an alternate trail location may be desirable. I'm concerned that the tr,iil. in its original location, will not be installed yet this fall. 6/ The following briefly summarizes my understanding of all that~s happened on this ~i:~il topic: The trail connection v~~as approved off McFadden Trail The Advisory Parks and Recreation COII71II1S$lon reiterated its position i~~ maintain the original connection off McFadden Trail For the reasons listed above, the City Council rejected an alternate location ,in~l directed tl7e trail to be installed off McFadden Trail t17is fall You agreed to resolve any outstanding issues and have the trail installed..~i ii~~ original Iocatioll. }'et this fall 1 want to insure that Manley Land Company is proceeding accordin~~l~. Pl~as~ cc~~~i.~~i me at (651) 681-4689 by October 30, ?002 to discuss your timeline for installin~~ th~~ ir,~~il as approved. Sincerely, Michael J. Ridley Senior Planner cc: Thomas L. Hedges, City Administrator Ken Vraa, Director of Parks & Recreation 6a .agenda Information ;Memo November 19.2002, Eagan City Council Meeting VII. NEW BUSINESS ~. CONDITIONAL USE PER'~~IT - CEDARVALE TEXACO ACTIONS TO BE CONSIDERED: To approve a Conditional Use Permit for a car wash at the Texaco located at 3830 Sibley Memorial Highway; subject to the conditions in the Advisory Planning Commission minutes. F:~CTS: Ther e i s an existing Texaco convenience store,'gas station that services up to eight vehicles on Slte. The gas station was converted from a Rax restaurant in 1993 with a CUP. The site is in the Cedarvale Redevelopment area. The Advisory Planning Commission held a public hearing on October 22, 2002, and recommended approval, subject to the conditions in the APC minutes. ISSUES: Because certain conditioned improvements were not made when the site was converted to a convenience gas station, staff suggested a $10,000 Letter of Credit be required as a condition of approval and not released until the landscaping had been installed and the trash enclosure constructed. Another option suggested by the City Attorney, in lieu of a Letter of Credit, for Council consideration was requiring the applicant to complete the site landscaping and trash enclosure before the City would issue a building permit for the car wash. Note -This option was not discussed by the APC. The staff report raised the following issues: o There is not a trash enclosure attached to the principle building, which was required ~~ith the original CUP for the convenience store/gas station. o There is not an approved landscape plan on file with the City, which was required with the original CUP for the convenience store/gas station. o The current landscape plan submitted was not done by a certified Landscape Architect and should be revised as advised in the staff report. o i he lot does not meet the 30% green space coverage requirement for the CSC district. o Modification to on-site storm drainage and sanitary sewer and water main connection to serve the car wash is not indicated on plans. ATTACHMENTS (2): 10; 22/03 Draft ~~ PC Minutes on page ~ through ~. Planning staff report on pages ~ through. 6~ DRAFT ~IINCTES OF A REGLZ.AR )vIEETING OF THE EAGAN AD`1SOR1' PLANITNG C011~IISSIO EAGA_'V,1`ILtiNESOTA October 22, 2002 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 22, 2002 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Huusko, Members Bendt, Nosbush, Segal, and Gladhill. Also present were Senior Planner Mike Ridley, Planner Sheila O'Bryan, Assistant Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGE1V'DA Senior Planner Ridley stated the approval of the September 24, 2002 Advisory Planning Commission meeting minutes will be postponed until the end of the meeting. ivlember Nosbush moved, Member Gladhill seconded a motion to adopt the Agenda. All voted in favor. Motion carried 5-0. September 24, 200? ADVISORI' PLANNING C03I~IISSION MEETING 11I\L'TES Chairman Huusko stated item III E. does not reflect that a vote was recorded. The motion of III E. was carried 5-0. Member Segal moved, Member Nosbush seconded a motion to approve the September 24, 2002 Advisory Planning Commission meeting minutes as amended. All voted in favor. Motion carried 5-0. III. PUBLIC HEARINGS A. CO`'DITIONAL L'SE PER~IIIT - CEDARVALE TEXACO FOOD :MART A Conditional Use Permit to allow a car wash as an accessory use on Lot 2, Block 1, Cedarvale 2"d Addition, Located at 3830 Sibley Memorial Hwy in the NE '/4 of Section 19. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated October 16, 2002. She noted the background and history. Tom Boulay, Autowash Systems, Inc. explained that the owner of the property is unavailable, however the brother of t'~e owner is present to assist with questions. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Bendt asked if the applicant has a parking agreement with Cedarvale Lanes. 6~ City of Eagan Advisory Planning Commission Meeting DRAFT o~tol;~r ~?. goo? Pa~~ Mr. Boulay stated there is currently a parking agreement. IVlember Bendt stated concern with shared parking between the applicant and Cedarvale Lanes. 1lember Gladhill stated disagreement with approval of the Conditional Use Permit due to possible future burden on the City. Member Bendt stated agreement with Member Gladhill. Member Nosbush moved, Member Segal seconded a motion to approve a Conditional Use Permit to allow a car wash as an accessory use on Lot 2, Block 1, Cedarvale 2°d Addition, Located at 3830 Sibley Memorial Hwy in the NE `/< of Section 19 subject to the following conditions: 1. Lot 2, Block 1, Cedarvale Second Addition and Outlot A, Cedarvale Second Addition shall be replatted into a single parcel prior to the release of the Conditional Use Permit. 2. The Conditional Use Permit shall be recorded against the newly created lot (Lot 2, Block 1, Cedarvale Second Addition and Outlot A, Cedarvale Second Addition) at Dakota County prior to issuance of a building permit for the car ~~ash. 3. The applicant shall submit a revised Site Plan depicting the location of the trash enclosure (attached to the principle building), a 35' front setback for the car wash, and a 30% green space for the new lot prior to the release of the Conditional Use Permit for recording. 4. The applicant shall submit a revised Landscape Plan, prepared by a certified landscapist. The plan shall depict the location of all existing and proposed plant materials, a schedule depicting the number, size, botanical and ordinary names of the species, notation regarding irrigation, and a detail plate for the planting procedure proposed. 5. The trash enclosure and the carwash shall be constructed of similar materials and of a similar design and color to that of the principle building. 6. The trash enclosure construction and landscaping installation shall be completed no later than May 31, 2003. 7. The applicant shall provide a $10,0001etter of credit in a form approved by the City Attorney. Released upon completion of the trash enclosure and landscaping improvements. 8. All signage shall comply with the City Sign Ordinance in effect at the time the sign permit(s) are requested. ds City of Eagan Advisory Planning Commission Meeting D~!'~-~~ October 22, 2002 Pare 3 9. At the time of building permit, the applicant shall submit revised plans detailing modifications to on-site storm drainage and sanitary sewer and water-main connection to serve the carwash. l~iember Segal stated the applicant is complying with the city code, therefore he is able to use his property as he wishes. Chairman Huusko stated agreement with Members Gladhill and Bendt, however also feels the owner should be able to use the property as he wishes. All voted in favor. Motion carried 5-0. 66 PLAN\ING REPORT CITY OF EAGA:V 1tEPORT DATE: October 16, 2002 .APPLICANT: Basil Dyab PROPERTY OWNER: Basil Dyab REQUEST: Conditional Use Permit CASE: 19-CL'-18-09-02 HEARING DATE: October 22, 1002 APPLICATION DATE: September 18, 2002 PREPARED BY: Sheila O'Bryan LOCATION: 3830 Sibley Memorial Highway CO~IPREIIE\SIVE PLAN: SA, Special Area ZO\I\C:: CSC, Community Shopping Center St ~I~LaRY OF REQt'EST Basil B~, ab requests a Conditional Use Permit for an accessory car wash at the existing Texaco gas station ~ted at ~8?0 Sibley Memorial Highway, Lot 2, Block 1, Cedarvale Second Addition. The eas station will be changing to a Shell station within the next few months. .AUTHORITY FOR REVIEW Cite Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdi~•ision 4C states that the Planning Cornmission 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. ~'~"i11 not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. ~~'ill 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. Vb'ill 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. ~~ °1w.~.. DcYcrt - Cedan~ale Tes~.o Octoh:r 2~ X002 1',._. - F. ~~~:; hay e vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. ','ill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdi~ aton <1D, 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 anncipated 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 v:e~ 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. B_aCKGROL'ND/HISTORY Tier Texaco convenience store was originally a Rax restaurant and was converted to a convenience store in 199;. ~ Conditional Use Permit was approved for a gas station with convenience store at the time of i:un~ crsion. The original application also had a plan for a future car wash located at the rear of the propert}. .at the time of approval, many conditions were attached. The majority of the conditions are satisfied. ~ ondiuons that have not been met for the original Conditional Use Permit are a landscape plan approved by Sta+.~r prior to the issuance of a building permit, and a trash enclosure attached to the building and constructed ot~ t;;e same building material. I/t1STI\G CO\DITIONS l he ~rupert} consists of »,144 square feet (1.26 acres). The north side of the lot is bordered by an 8,319 >c,~~iare foot outlot along Cedarvale Boulevard. The applicant's lot has a convenience store with gas pumps ~~ hich have the service capability for eight cars. There are 22 striped parking stalls on the south side of the lot. There is access to the north and the southeast. There is one freestanding pylon sign in front of the building,. SC~RROt~\DI\G USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject propert~~: Existin Use Zonin Land Use Desi nation orth TH - 13 Ri ht - of - wa Ri ht - of - wa South Restaurant and bowling alle CSC, Community Sho in Center SA, Special Area East ~ Warehouse CSC, Community Sho in Center SA, Special Area ~ '`'Vest Class 1 restaurant CSC, Community Sho in Center SA, Special Area 6a' p'°^^~^~• ~'°^^^ - Cedar~~ale Texaco "'1 .. October ~~, _'00~ r~~-` - E~ .~Lf~.-~TIO\ OF REOi~EST Comt~atibiIity~ ~~ ith Surrounding Area -This area is in the beginning stages of the redevelopment process. \l:?m different improvements are taking place in the area, starting with the access along Cedarvale Boule~~ard. ~~ . oral buildings at the north end of the block have been removed as part of the public improvement project to realign access in the Highway 13 Silver Bell intersection area. The majority of the properties are destination oriented. The CSC districts are intended for large scale retail commercial sales and services. A sere ice station provides personal service to those using the surrounding amenities. Site Plan -The original Conditional Use permit for the fuel station had a condition to include a trash enclosure attached to the principle building. This condition has not been met this far. Trash enclosures are a requirement of the City coat and therefore should be enforced at this time. The revised plans show the car wash with a 30 foot setback, although this is the minimum required for this district, the established setback for this lot is 3~ feet based on the location of the principle building. It is necessary to maintain this setback. The site r,la~,; indicates an entry sign in the public right - of -way, all signage must be on the property and comply ~~ ith Cn~ Code requirements. The lot currently does not have street frontage, for there is an outlot in front of this lot. The applicant has ,:~dicate~' plans to re-plat the outlot and the existing lot into one lot. The proposal has not been submitted at this time. Landscaping -The landscape plan dated October 2, 2002 is unacceptable. The legend is not clear, there is not a total count of plantings, the plan does not indicate the current plantings on site, the plan does not provide information on irrigation and planting sizes do not meet City Code. The plan submitted was not prepared by a certified Landscape Architect as required. The Code requires coniferous trees to be a minimum of six feet in height. The plan shows the new Colorado spruce at four feet high. The code requires deciduous overstory plantings to be a minimum of tw•o and a half caliper inches, the plan shows two inches. The code requires deciduous understory planting to be one and half caliper inches, the plan shows two inch. The plan indicates some plantings around the existing light pole near the rear of the property. It is important to establish the conti~uration and layout for the planting area around the light pole. The submitted landscape plan also displays some of the Colorado Spruce larger than others, but the legend shows them as the same size. The Colorado spruce that is proposed next to the car wash does not have enough room for mature growth. Plantings along the car wash do not need to be buffer plantings, rather ornamental. The plantings along the stacking area should be buffer plantings that screen the view of the stacking area to the adjacent properties. The entrance to the site should have the same plantings on each side. 'The plantings should establish the entrance. It is important to maintain the view from Cedarvale Blvd when planting on the outlot. An approved landscape plan was required in connection with the Conditional Use Permit for the fuel station; an approved landscape plan was never achieved. "There is a minimum 30 percent green space requirement in this district. In order to achieve the 30 percent green space coverage the lot would have about 16,543 square feet of green space. At this time the site does not meet the green space requirement. Because the landscaping and trash enclosure improvements will likely occur after the construction of the car wash, staff suggests the Council may wish to consider the applicant to post a $10,0001etter of credit with the City. The guarantee can be deposited in an interest bearing account and would be released upon completion of the improvements. 69 Plannine Ren_ ort - Cedan~ale Texaco October 22, 2Gu2 P-~~.z a Gradine'To~oloev -The site will require minimal grading in preparation for the proposed car wash. The site g~nerall} slopes to the west. Storm Drainage -The applicant should be required to provide detailed plans depicting the modifications to the on-site storm drainage at time of building permit. L';ilities -Existing sanitary sewer and water main are available within the Cedarvale Boulevard right-of-~~~ay toy connection by the proposed car wash. Detailed plans depicting the connection to the sanitary sewer and ~~ ater main should be required at time of building permit. Streets; Access'Circulation -Street access is available via the existing driveway onto Cedarvale Boulevard to the ~~ est. No modifications to the access will be necessary with the addition of the car wash. Si''~I1IAR1'/CONCLUSION Basil Byab requests a Conditional Use Permit for an accessory car wash at tine existing Texaco gas station lo;.ated at 3S ~0 Sibley Memorial Highway. The gas station will be changing to a Shell station within the next few months. A Conditional Use Permit is required for a car wash in the CSC zoning district. The primary use or. the property is a convenience store with fueling pumps; the car wash will be accessory to these uses. A car ~~ ash is an appropriate accessory to this type of use. This site could use many improvements as far as landscaping is concerned. The lot does not meet the 30 percent green space required by city code. There is also no trash enclosure present on the site. The code requires a trash enclosure attached to the principle structure and composed of materials to match the exterior of the principle structure. Staff has determined this a good time to correct some of these code inconsistencies. It is important to have the lot comply with City Code before another use is introduced to the propert}~. .aC1'ION TO BE CONSIDERED To approve of a Conditional Use Permit for an accessory car wash at the existing Texaco gas station located at 3S30 Sibley Memorial Highway, Lot 2, Block 1 Cedarvale Second Addition. If approved the fo]lowing Conditions shall apply: 1. Lot 2, Block 1, Cedarvale Second Addition and Outlot A, Cedarvale Second Addition shall be replatted into a single parcel prior to the release of the Conditional Use Permit. 2. The Conditional Use Permit shall be recorded against the newly created lot (Lot 2, Block 1, Cedarvale Second Addition and Outlot A, Cedarvale Second Addition) at Dakota County prior to issuance of a building permit for the car wash. 3. The applicant shall submit a revised Site Plan depicting the location of the trash enclosure (attached to the principle building), a 35' front setback for the car wash, and a 30% green space for the new lot prior to the release of the Conditional Use Permit for recording. 4. The applicant shall submit a revised Landscape Plan, prepared by a certified landscapist. The plan shall depict the location of all existing and proposed plant materials, a schedule depicting the number, size, botanical and ordinary names of the species, notation regarding irrigation, and a detail plate for the planting procedure proposed. 5. The trash enclosure and the carwash shall be constructed of similar materials and of a similar design and color to that of the principle building. 6. The trash enclosure construction and landscaping installation shall be completed no later than May 31, 2003. 70 Pla~ining Report - Cedarvale Texaco n,..,,~,.~. ~~• ~pp~ Paa: ~. "i ne applicant shall pro~•ide a $10,000 letter of credit in a form approved by the City Attorney. released upon completion of the trash enclosure and landscaping improvements. S. All signage shall comply with the City Sign Ordinance in effect at the time the sign permit(s) are requested. 9. At the time of building permit, the applicant shall submit revised plans detailing modifications to on-site storm drainage and sanitary sewer and water main connection to serve the carwash. ~i FINANCIAL OBLIGATION 19-CU-18-09-02 Cedarvale Texaco Food Mart Lot ~, Biock 1, Cedarvale 2°d There are pay-off balances of special assessments totaling 5-0- on the parcel for which the conditional use permit is requested. At this time, there aze pending assessments on the pazcel in the amount of $46,381 for Project 800 Cedarvale Area Improvements, 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 Caty's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The chazges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT None $0.00 TOTAL $0.00 ~a Esgan Bounoary Location Map ~P~ ~~~'~'°° Bulldlny fee:prim t O ~ \ , ~~~ ~ ~ ~ v l / '~~ ) /may ~~• i ~ ~ 1/ ~~ ~~ MM ' nYt ' ~ ~ ~ .o- ~ ~04 ® ~ ~• "~® ':, ~ ~ g Sub ect Site ~ ~~ ~ - +~! ` J7{ 1 ', I • .. . ~ a as ~ ~,, ,.; -' ,~/ .. ~ °> r ^ a ~ ~ ~ ~s _ I r` 0 yF ~ ~ 9 ( 3 ~ f 4 .J 3 >> a ~ _ ~? ~ 7 7 ~~ ~! a ~ _ ~ s ~ ~ s m ® ~ i t; ~, ~~ o ~ *aa ! ~~ • ~ ~ ' ' r ~B ~ ~ s •~ e ~t ~ ~ a ^ ~ a ] ~ 9 ~ q c • G r a'1 a d D O~_ ~ ~l~~ a ~ ~ 3 _ ~+ o l ..- • t, ~ 1000 0 1000 2000 Feet Development/Developer: Cedarvale Texaco Food Mart Application: Conditional Use Per Case No.: 19-CU-1&09-02 ~~ Mep Pngend wing ERSI ArctlMw ].1. parch her nrp dh provide0 V OY OekoY County lsnd Survey 0epanntent an0 b eummt a o/ Marcn 2001. µr E City of Eagan THIS MAP Is INTENDED FOR RESERaNCE USE ONLY .w r N N E S O i A TM Cky of Easan and Dakota Goumy do not OwramN Nro acourary of tAb Irrferrnatlon and an 5 CwnrwwnNY owNrwrw e•p°rtneur net rospenN~lo for err'Ors N ornl°slons. j Gur~~nt Zoning and Corttprehensive Guide Plan ~.a:~d tjse h-ap ~®ning Map Current Zoning: CSC Community Shopping Center coo a coo Imo r«~ ~ Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area eee a eeo uee r.« Cedarvale Texaco Case No. 19-CU-18-OS-Q2 4 PD R-1 +o - ~+ ~~ ~~ <~ E B N~ PD `N wo•'O ~ CSC ~ G C CSC R R~ R-4 •~ P PF '~ A ~t sA I ~'1 ~ ®m +~O ,' ~~+~' a~ sA :y,,'~•'' aA P sA t]o Ci of Ea an hl 9 CommuMry Dsw/opma-t D~parbn~rlt -.c.~ ~....n.. rr.,.~..e~~ww~s~ o~w e.~y t.~w w..r o.~vs~.w s.r~..-r.•:oos z«.e.~ rAnn.~er~ n..xn.ror y tnr se.f. W E THIS MAP 13 INTENDED FOR REfEREIICE tIEE ONLY TIN dty o1 EaEan and Dakota Couety eto not yusranlM the aeeursey of this IMonnatlon. s ..-~~ m~ ~ i , r~' - :.cam- - F , .j ai [Q i c - .. '- .. . ~i ~ ~ . .~ V i .~ .~ ~~ N:~ .:b --• - - - -- ._.....,, .r a. . ~~ -- S a c. .j t r L_~_~~- ~ ~y f a. r 4.~ ire; '.. t' 7 m ~ Sdgtld ,'... i __ __ ~~t ~ `+~~ SI. '=T..l..t. r S ;,;~~i::ts~3~il~~.~lifililiii~; r d Y'w V/ Z O Z O z N X W Z Q J a. w V/ ~- ~. ~_ ~: ~. J m~ O Q Q ~ v• v C!~ ; ~~ ~~ Q 0 0 Z O r s r a s a i Z d r a f i.y ?ji ~~ ~~~E s~~~ _ ~~~~ jj ~YY r~t) ~~~_ ~ t'a~ ~ $~~I $ 1~t~ ~ ~a~~ i'ff~~ s .S ~j ~ ~j ~~~~ ~ ~~ ~ ft i~~~ij ~ ~~~ "j l~t.s ~ ~ !~~` . ~ s~ ~t ;~~~ ~ ~ _~~ ~~~St~ ~ 'iZ 1~ 3 ?li~~=: ~ ~~t :1 ~ , ~ ~ u~ i G t l~ i b r ~ ~ ~ ~? 1 i ~ ~~ i; ~ ~ ~ s i s~R ~ i~ i~ s ~ ~ix-? ~i+'yy i _ « i ~ l l ~,? ~ ~ R~ . R~~ ~.~'. ; ti ~ i~ ~= ~i#~ ~~ ~_ ~2 a~• .. r--- ---~ 3sC 4 ` ~S~ d ~ i i ~-=-o-~ ~6 o~ s~ n a I ~~ ~ Y _~~-' ~~ r~' !j ' ,..~ T t 1 a w U O Z Q J 2~ ~. J. Z~~ ~'v ...: {: :agenda Information :Memo November 19, 2002, Eagan City Council Ivieeting B. PRELIMINARY SUBDIVISION (DIFFLEY PLAZA) - ASTLEFORD COMPANY ACTIONS TO BE CONSIDERED: To approve a Preliminary Subdivision (Diffley Plaza) to create 71ots on approximately 15.7 acres located on the SW corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28; subject to the conditions listed in the Advisory Planning Commission Minutes. FACTS: • The property is zoned NB, Neighborhood Business. • The proposal combines four parcels and subdivides them into seven lots. • There is no development proposed for the new lots at this time. • A NI,'RP pond is proposed for Lot 4. • The Advisory Planning Commission held a public hearing on October 22, 2002, and recommended approval, subject to the conditions in the APC minutes. ISSLrES: One resident spoke at the Public Hearing regarding appropriate uses. Because the present application was a Preliminary Subdivision, the APC stated that until specific development was proposed, it was premature to speak to undetermined future development. However, the APC encouraged the resident to submit written concerns for the record. ATTACH'~IENTS (2): Advisory Planning Commission Minutes draft 10/22/02 "p ~ g~ ~ r Planning staff report pages $~ through ~~ City of Eagan Advisory Planning Commission Meeting ("~~ /~ ~~ October __. 200_ ~,J /-~ Pa~~e ~ C. PRELItiIIrARY SUBDIVISION & VARIANCE - :~I. G. ASTLEFORD CO. A Preliminary Subdivision (Diffley Plaza) of approximately 15.7 acres to create seven lots and a Variance to create one lot without the required street frontage, located on the southwest corner of Diffley Road and Johnny Cake Ridge Road in the Iv~'V %< of Section 28. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated October 16, 2002. She noted the background and history. Chair Huusko opened the public hearing. Present residents expressed concerns for future development, increased traffic, and safety of children. I~here being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Chair Huusko explained that the APC was only considering the proposed subdivision of the property and not any future development. Assistant Engineer John Gorder explained that a traffic study has been completed and the road is shown to handle the proposed increase in traffic levels. Member Gladhill moved, Member Nosbush seconded a motion to approve a Preliminary Subdivision (Diffley Plaza) of approximately 15.7 acres to create seven lots and a Variance to create one lot without the required street frontage, located on the southwest corner of Diffley Road and Johnny Cake Ridge Road in the v'Vb' '/4 of Section 28 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 2, 3, 4, C1, 2, 4, D1 and E1 2. The property shall be platted. 3. Storm water ponding shall be required to be maintained with future development to control rates ofpost-development storm water runoff to less than or equal to pre- developmentconditions. This proposal is responsible for an on-site pond that treats all storm water from this development and should have a minimum wet-storage volume of 2.5 acre-feet and a surface area of 0.6 acres. The pond should incorporate a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NV4'L. The side slopes of the pond below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. The outlet structure should meet City design standards. 5. Private cross easements providing for vehicle circulation within the subdivision shall be prepared for review and approval by the City Attorney prior to final subdivision ~~ City of Eagan a.~+~ isory t'lanning Commission Meeting ~~~ ~~~ October 22, 2002 Pa~Te 6 approval. The easements can not be terminated without the express written consent of the City. 6. The northerly access on Johnny Cake Ridge Road (at Lots 1 & 2) shall be restricted to right-in vehicle movements only. 7. The developer shall be responsible to obtain permit approval from Dakota County for any grading activities along Diffley Road associated with the development. 8. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. All voted in favor. Motion carried 5-0. 79 PLANNING REPORT CITY OF EAGAl~' REPORT DATE: October 16, 2002 .APPLICANT: Tom Gallagher PROPERTY' O~'~NER: Jane Astleford REQUEST: Preliminary Subdivision .~ CASE: 28-PS-O1-O1-02 HEARING DATE: October 22, 2002 APPLICATION DATE: September 18, 2002 PREPARED BY: Sheila O'Bryan LOCATION: SW corner of Diffley Road and Johnny Cake Ridge Road CO~IPREHENSI~'E PLAN: RC, Retail Commercial 7.O\I\G: NB, Neighborhood Business ~L'~I~IARY OF REQUEST Tom Gallagher is requesting approval of a Preliminary Subdivision (Diffley Plaza) to create seven lots on approximately 15.4 acres located at the Southwest corner of Diffley Road and Johnny Cake Rid~_e Road in the northwest'/4 of Section 28 and the northeast'/4 Section 29. Ii1 conjunction ~~-ith the preliminary subdivision, the applicant requested a variance to the minimum requirement of ~0 feet of frontage on a public street; proposed Lot 5 does not have public street frontage; a variance may not be necessary for this proposal under the provision of Section 13.20 Subd. 9~A) of the City Code. This shall be determined by City Official. The code states: Landlocked parcels in multiple-diti~elling or commercial complexes provided said parcel(s) have access to a public street bi• an easement over another parcel within the same multiple-dwelling commercial comple.~. Said landlocked parcel is permitted in this instance only for the purpose of establishing separate taxable parcels within a complex. .AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. g~ Planning Report - Diffley Plaza October 22. 2002 Fa~_ , B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C That the physical characteristics of the site including, but not limited to, topography, ~~egetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. .~ F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. t 1. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repay~n~ent of bonds, or similar burden. That the subdivision has been properly planned for possible solar energy system use within the subdi~~ision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent ~~ith the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject area is comprised of four parcels of land, three of which aze unplatted. Outlot A of Mallard Park 4`h Addition which overlays the eastern one third of the site was platted in September of 1995 as part of the adjacent single family residential subdivision. The entire proposed subdivision is 8i P~~nnin~ Ren~*?- Diffle~~ Plaza Ocroher 22. 2002 Pa~_: . zoned Neighborhood Business, and has a Comprehensive Guide Plan designation of Retail Commercial. lip September of 1999, a proposal for this area was heard by the Advisory Planning Commission. The application request was for a Comprehensive Guide Plan Amendment, Preliminary Subdivision and Preliminary Planned Development. The Comprehensive Guide Plan Amendment request was to change the Comp Plan from D-I Single Family Residential, DIII Mixed Residential and RB Roadside Business to I`B I~Teighborhood Business. The preliminary Subdivision request was to create seven retail commercial lots, and the Preliminary Planned Development request included a rezoning of the property from RB, Roadside Business to PD Planned Development. The Planned Development request was to allow more flexibility in the development. Many letters of objection were submitted regarding the proposed development; there were a few letters of support. The APC continued this item to the November 23, 1999 APC meeting to allow the site plan to be modified to respond to various concerns conveyed by area residents and the APC. In the meantime there ~~ ere neighborhood meetings to address some issues the residents and the APC were concerned with. Specific concerns cited by area residents at the September APC meeting included the following: Traffic volumes, noise, restaurant and related odors, signage, lighting, property value impacts, exiting retail vacancy rates with in the City of Eagan, scale/intensity of development and screening along the southern edge of the site. Specific issues cited by the APC at the September meeting included the following: The integration of offices uses, restaurant proximity to area residences, existing retail vacancy rates ~~~ithin the City of Eagan, separation distance from neighboring residential uses, and architectural treatments (i.e. the gas station). The revised development proposal included uses such as: retail, office, class one restaurant, fast food, convenience gas station, a day care center and a senior housing facility. The APC continued this item to the October 26, 1999 APC meeting. This item was heard before the Cit}~ Council on December 6, 1999. Many of the neighborhood concerns were addressed at this meeting. The developer agreed to have the application referred back to the January 25, 2000 APC meeting to address these concerns. The developer withdrew the application and did not meet with the APC on January 25, 2000. The application was withdrawn until further notice. The property is currently zoned NB, Neighborhood Business, this change was initiated with the City wide zoning map update; adopted on September 17, 2002. The current Comprehensive Plan Designation is RC, Retail Commercial; this change was made part of the Guide Plan update; adopted on February 20, 2001. EXISTING CONDITIONS ~~ p1.~.~.. _ P.e~ort - Di::::y Pima October 22. 2002 P ~ ° -: Tire proposed subdivision is comprised of four existing undeveloped lots. The site contains si~niticant topography and mature vegetation that may influence the development of the property. The site is accessed from the north via Diffley Road and from the east via Johnny Cake Ridge Road SL RROL"LADING USES 1~1~e follo« ing existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use •-- Desi nation forth Single-family PD, Planned LD, Low Density _ residential Develo ment district (0-4 units/acre) South Single-family R-1, Residential LD, Low Density residential Sin le district (0-4 units/acre) East Vacant PD, Planned Medium Density Develo ment (4-12 units/acre) ~~"est I-35E Right - of -way Right - of -way E~'.-~I_LTATION' OF REQUEST Compatibility with Surrounding Area -Neighborhood business districts are small business areas generally located adjacent to or inclose proximity to residential neighborhoods that are intended to pro~~ide daily retail goods and services. The subject site is bounded on the north and south by single family residential uses, on the east by undeveloped land zoned Planned Development and on the west b~ the I-3~E right-of--way. Lots -The proposed preliminary subdivision consists of seven lots. The lots range from 46, 743 square feet to 211, 318 square feet. Three lots border the single family residences to the south. Three lots abut Johnny Cake Ridge Road. Four lots abut Diffley Road Landscaping -Future development on the proposed lots will require an approved landscape plan according to Section 11.70 Subdivision 12 of the Eagan zoning code. Gradin~:'Storm Drainage -The preliminary grading plan is acceptable. The existing site is open and generally slopes to the north. The preliminary storm drainage plan is acceptable. Existing storm sewer is available for connection along Diffley Road at the north edge of the site. The storm drainage plan shoves ponding for the entire proposed development to retain runoff to less than or equal to pre- development rates. This storm water ponding should be required to be maintained with future development to control rates of post-development storm water runoff to less than or equal to pre- development conditions. Utilities -The preliminary utility plan is acceptable. Sanitary sewer and water main are readily available for connection and extension by the development from Johnny Cake Ridge Road to the east. ~.3 r;u~~iiin~~ Report - Diitiev Piaza Octo'~.. ~~ ~00~ . Pair ; Streets access Circulation -Johnny Cake Ridge Road along the east edge of the site is a collector road~~•ay reconstructed to four lanes with a center median in 1989. Diffley Road (Dakota County Road \o. ~0) to the north is a four-lane minor arterial roadway with a raised median reconstructed in 199u. The intersection of Johnny Cake Ridge Road and Diffley Road is fully signalized. Pubic street access for the entire development site is proposed at three locations; one from aright- in ri~lu-out private drive onto Diffley road and two private drives onto Johnny Cake Ridge Road. The southerly access onto Johnny Cake Ridge Road provides full vehicle turning movements. The northerly access on Johnny Cake Ridge Road is proposed as a right-in only and should be restricted to those vehicle movements. 1=asements Rights of Wavy' Permits - Internal vehicle circulation is proposed via private drives within the development. Cross easements providing for this circulation within the subdivision, should be prepared for review and approval by the City Attorney prior to final subdivision approval. T',;; d~~ eloper should be responsible to obtain permit approval from Dakota County for any grading ...~.~:~ hies along Diffley Road associated with the development. ~~"ater Quality/ Wetlands -This 15.4 acre development will generate runoff that eventually will reach one of the city's Class I lakes, Blackhawk Lake, after being routed through a series of existing storm ~~ ater basins and nutrient traps. Because of the size of this development, on-site ponding to treat all of t}~c runoff before exiting the site would be required. Taking into account the size of the proposed deg elopment and its percent impervious surface, the treatment pond should have the following minimum dimensions: wet-storage volume of 2.5 acre-feet and surface area of 0.6 acres. The pond should incorporate a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL, and the side slopes below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. The outlet structure must meet City design standards. There are no jurisdictional wetlands associated with this development. Tree Preservation -There are no tree preservation issues associated with this development. Parks and Trails -This development would be subject to a cash parks dedication and cash trails dedication. Setbacks -Diffley Road and Johnny Cake Ridge Road require a 50 foot setback. The required side yard setback is 10 feet, rear yard is 20 feet and a 30 foot setback is required when adjacent to a residential use. The submitted plans indicate the required setbacks. SUAIiVIARY/CONCLUSION Tom Gallagher is requesting approval of a preliminazy subdivision to create seven lots on approximately 1 ~.4 acres. The proposal consists of four undeveloped lots that will be combined to create seven.parcels. There is no development proposed at this time. Subdividing these parcels into seven lots will maximize the land and accomplish a plaza that will accommodate the surrounding neighborhoods. All required setbacks and easements are shown on the plans. A pond to handle storm drainage and water quality for the entire site is shown on Lot 4. ~Y Plannipa RP~pn- Tlif4le}' P1»~» l~ciober 22. 2002 P:._. 6 I i;e property must be platted before any building permit is issued. Any proposed development on these lots is subject to the regulations of the Neighborhood Business district. Businesses allowed in the Neighborhood Business district are intended to serve the daily/weekly needs of the surrounding neighborhoods (Exhibit A lists the uses permitted in the NB district). .ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Diffley Plaza) to create seven lots on approximately 15.4 acres at the southwest corner of Diffley Road and Johnny Cake Ridge Road in the north~~est '/4 and the northeast '/< Section 29. If approved, the followi~ conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 2, 3, 4, C1, 2, 4, D1 and E1 2. The property shall be platted. 3. Storm water ponding shall be required to be maintained with future development to control rates ofpost-development storm water runoff to less than or equal to pre- development conditions. This proposal is responsible for an on-site pond that treats all storm water from this development and should have a minimum wet-storage volume of 2.5 acre-feet and a surface area of 0.6 acres. The pond should incorporate a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL. The side slopes of the pond below the aquatic bench should be at"a 3:1 slope to a maximum depth of 10 feet. The outlet structure should meet City design standards. 5. Private cross easements providing for vehicle circulation within the subdivision shall be prepared for review and approval by the City Attorney prior to final subdivision approval. The easements can not be terminated without the express written consent of the City. The northerly access on Johnny Cake Ridge Road (at Lots 1 & 2) shall be restricted to right-in vehicle movements only. 7. The developer shall be responsible to obtain permit approval from Dakota County for any grading activities along Diffley Road associated with the development. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. gs STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights•of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professions{ engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ~~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits ...v 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Traits Dedication This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water rDuatity Dedication This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management PEan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10. 1990 Revised: February 2, 1993 lTSNS STANOARO.CON Subd I I. '118 Neig~`ibo~rtio~ u ' ~ t. .. _ ,~,- ~. Purposz. Nzighborhood business districts are small business areas generall}~ locatcd adjacent to or in close proximity to residential neighborhoods that are intended to pro~~idc daily retail goods and services. . B. Permitted acres. 6. Bakeries. 7: B~1`bershops. 8. Beauty parlors. 9. Clinics. 10. Clubs and iodges. 11. Copy centers. 12. Drag stores. 13. Financial L*~stitutions without dri~-e-through facilities. I-l. Florists. I ~. Funeral hones and mortuaries. 16. Hardware stores. 17. Hobby shops. 18. Laundry• and dry cleaners. 19. Laundromats. 20. Off-sale liquor stores. 21. Photography studios. 22. Offices. 23. Restaurants - class I (on-sale liquor subject to conditional use permit). 24. Shoe stores. 2~. Sporting goods stores. C. Corrditionatuses. !. Animal clinics when conuined within a building. City of Eagan cane 52 ~o ,~ 2. Caru~ashes. 3. Convenience stores. 4. Daycare facilities subject to State day care licensing. 5. Drive-through facilities. 6. Motor fuel salts, class I. 7. Nursing homes, retirement homes or hospitals for human care, and day care centers. 8. Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district. 9. On-sale liquor, wine or 3.2 beer. 10. Outdoor storage when conducted by an occupant of the principal building subject to section 11.70 subd. 20. 11. Radio and television studios. 12. Seasonal outdoor sales subject to section 11.70 subd. 20. 13. Restaurants -class II. D. Permitted accesson uses. 1. Buildings temporaril}~ located for purposes of construction on the premises for a period of not to exceed time necessar}• to complete said construction. 2. Private garages, off-street parking and loading spaces, as regulated by this chapter. 3. Public telephone booths provided all yard requirements are met. 4. Temporary outdoor events subjcct to section 11.70, subd. 20. City of Eagan Zoning Regulations Draft April 2002 ~9 page 53 E. Bulk Standards (minimum unless noted. Lot Area Lot Width Setback From Public Ri ht-of-wa 30 feet Side ~-ard Setback 10 feet Rear Yard Setback 20 feet Adjacent to property guided for residential use 30 feet Structure Hei t (max. 30 feet Green S ace 30 scent Land use ¢uide desi¢nation txr Citv's Comprehensive Gui do Plan. •V F. Additional setbacks. The following shall be the minimum required building setback for any building in any yard in all zoning districts along any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current Functional Classification Plan: THOROL-GHF ARE R1GHT•OF-wAY MLtiL'vfUM SETBACK 'Major Thoroughfare 150 feet 50 feet or 125 feet from right-of--way (Principal and A I~finor centerline, whiche~•er is greater Arterials) 'vfajor Thoroughfare 100 feet 50 feet or 120 feet from right-of-way (13 ~fII70r Arterials) ceaterlinc, W111Che~"cr IS greairr tifinor Thoroughfare 80 feet 40 feet or 80 feet from right-of--way (Major and Minor centerline, whichever is greater Collectors) City of Eagan Zoning Regulations Oran April 2002 ~ page 54 ~~,, FINANCIAL OBLIGATION-Diffley Plaza There are pay-off balances of special assessments totaling $-0-on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments on the parcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the pr~-perty, the following charges are proposed. The charges aze computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The chazges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral C/I $29.70/F.F. 817 F.F. $24,265 Storm Sewer Trunk C/I .1350/Sq. Ft. 674,945 Sq. Ft. (1)91,118 Total $115,383 (1) Adjustment will be made when area of dedicated storm sewer easement is provided. 9~ t Q Eagan soundary ~.oca~ion Flap ~P~~~~''~' awianE Footyr+ne ~~•, ~~ ~~ 1 V- - r --, j ... 11 ~. ~ ~~P ~~ ~J _ ~ m ~ ~`=' i ----~ - .C ~.,... ~y _l~ ~ ~ 3 ~_ :~~ ~;.;,~ , .~~,;~, ~ ~~~ _' A~ +I ~ 3 0 1 ~,~ ....~._ ~. ;~,~ ~, ~,~=_; ; I _--_.`_..~~, a I ~ ---- - -u~uc wc. 70-- I I ~-~ J- I " ~,.. i ', I.~ ;,~.~; , _~ :, ~~ ~' .~~ ~ :~ ~~ ~~~ ~~~ ~y ~' ~; ~ J o ~ ' ' ,) ~ J + ~ r I~ J 3 ~ i ' s 3 s a 9 7 ~ ~ , FI 8'-~ ~ t ,• ~ ~~ ~ ®~~ ~ ~~ S _~ ~ ~®E mmC ~ ~~ ~~ m? ©a J, V ~ O ~. ~''~ _:J ~ t ~'~,?'c a \ ~ 1-Pt~_i ~/ \ J !-~\\J1) Y O ~ S J ~ V 1000 0 1000 2000 Feat Development/Developer: Diffley Plaza Application: Preliminary Subdivisio Case No.: 28-PS-01-01-02 MeP Prepe/W ueirq ER31 IreYlnv 7.1. Pereel hew mep Yd preNWA V !y Dekoe Ca+my l.eM 3weY Depenrnau en0 is ar*enl a of Merch 2002. City of Eagan /, THIS MAr Is I//rENUEO fOR REFERENCE Us! ONLY w E v t N .v E S ~ ~- a Tho Gity oT EsEan and Daketa County ~ not EuanntN tM ateurney o/ this Infornnatlon and an S ~O1'^"'e~' ~eP"r'~ ~~'w" ~ ewt roapoadblo /or o-ron or e~nlaslons. i f i s ~~i a ~ ~~ a~ ~ ~` ~ ° a ; oa Current ~onina and Comprphp!±si~e G~aid~ Plan Ditfley P!~~a t...aE1t~ ~5~ Ilfiap Case No. 28-CU-PS-01-01-02 honing Map ° u PD P ~: Current Zoning: i '~ N s ,Neighborhood Business •~~ NB PD S ~ a l ~ J m ^ ~ m~ a omm mmmo ® ~ -- Comprehensive Guide Plan Land Use Map ,~~°~ ,• LD L~ C t L d U i ti D urren an gna se es on: R/C Retail Commercial j„R ~,~ RC RC MD o• •a ,a•• r... ~~ 8 ^ 8 mmm0 ,~ ®~ MD®®F •~eN 1•!•r~tl•R~10•M •t• 6n,•ry L•M iw•r ~R s•M•~M 2001 N nwnr. ~w.e+rw -y ney s~.r. City of Eagan W E ry ~~~ D~pirtrnent ~, THIS MAP IS INTENDED FOR REFERENCE USE ONLY Communi D~vN T1w pty of Eason auM Wkots Cwnty de not yuarantio tiro seevaey of thls IMo~nattlon. S i ~~_ ( J~; ~ ^ ~ ...w.s .~.mero~° rr.~001r I oscN il~ I:c~ p N . ~ ~ ~ ~' ~"~'= .' 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Ty '°7~... ., ~,~,¢ ... ,~.y ~~~ "M}J ~- _ a go z W W~W V J ~~., ~ w... ~.+ ....> >.. iw •.sr w.r _r.. .o.., _... ooa-.w a ~~ ~K}ii ~ ~ i - U = =~= =- =- ONl~70~iH .~~~ ~,~~~s.~~ ~~~ ~ ~. --~~ ~ ~ ~l 4 ~ ~ .~~ ~ _ _ ~ ~ .~~ ' _ _ A • NJ i • . ~ , i =. f e ~~ 3 ~ X ~ ~ ~i ~~ I 1 ~' i '~ 11 ~ A ~"'~ ~ _ 1 Or ~~ 1 I ~ g ~ ~ • '~' ~~~ ~ , ~~,~ ~' :I ~~o ~~ _ ~~ ~<Z ` ~ ~ ~ ~ °~ s ~ I `p N sj I ~ S ` .~ I !r w , i ,.._ it a ~ ~ ! ; i cis ~ ~ ~ •- W j z • G ~ g i c ~ ;a M 1 V .J ~,~~ ~+ .`s ~,~-- • 1 ~ ~, . ~ . -. ... ~i ~'~~ tl :~~ ~'i ~~ i ` ~// ~ \ -~ rye' ~. ~~~~ ~\ ( i ~ ~ ~. ~ ~ t ~ '. • \ ! 1' ~T~ - - s ~i '~ ~ ~~~ ~ ii1 l;l~~~~fr~1~ ~. ~-,; ~\~ !~1 i1~i~,~~~~ !~~ 1 II j,~ e I '~' - i s I M _ i I ~~ ~- r I ~~ <,. ~ ~i ~ PRELIMINARY SUBDIVISION AGENDA CITY OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 19, 2002 A. CALL TO ORDER B. ADOPT AGENDA C. NEW BUSINESS 1. Consider Final Development Agreement -Delta Development D. ADJOURl~'A1ENT 9~ A~~enda Information Memo \o~~ember 19, 2002 Eagan Economic Development Authority Meeting C. NEW BUSINESS 1. CONSIDER FINAL DEVELOPMENT AGREEIIIENT -DELTA DEVELOPMENT ACTION TO BE CONSIDERED: To adopt a resolution approving the final development agreement with Delta De~~elopment for 230 townhome units in the Cedar Grove Redevelopment Area -South District. FACTS: Final language and details in the development agreement were not available at the time the packet was prepared. The issues memorandum, development agreement, and resolution v~~ill all be included in the Additional Information Memo on Monday, l~o~~ember 18, 2002. 9~