No preview available
 /
     
05/20/2003 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR NIEL- ING EAGA.N MUNICIPAL CENTER BUILDING MAY 20, 2003 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA p a A. APPROVE MTN UTES p / ► B. PERSONNEL ITEMS P C. CHECK REGISTERS 01) . APPROVE 2003/2004 Service Station Permits /y E. APPROVE 2003 Hauler License F. APPROVE 2003/2004 Amusement Device License Renewals G. APPROVE Recycling Services Agreement with Burnsville and Apple Valley H. APPROVE Easement Agreement for Project 806R, Kennerick/Pond HDP-1 Storm Sewer / Improvements I. APPROVE Easement Agreements for Project 851, Town Centre area Street & Access Management Improvements J. RECEIVE Assessment Roll and Schedule Pubic Hearing for Project 809 (Blue Gentian Road - Street & Utility Improvements) ~aO K. APPROVE Change Order No. 5 for Contract 01-05 (Cedar Grove Redevelopment - Street & Utility Improvements) P~ L. APPROVE Final Payment for Contract 01-06 (Blue Gentian Road - Street & Utility Improvements) da~ M. RECEIVE Bids and Award Contract for Contract 03-01, Town Centre Area (Street & Access Management Improvements) ~SN. RECEIVE Petition and Schedule Public Hearing for Easement Vacation for Lot 11 Zehnder Acres 0. APPROVE Addendum to Contract 03-09 (Water Treatment Plant Expansion) P. APPROVE Architectural Services Contract of JAL Architects for Thomas Lake Park Pavilion Q. APPROVE Extension for recording the Final Plat of Natures Edge 2"d Addition /p 30 R. APPROVE Easement Agreement for Project 771, Lexington Avenue Street & Utility / Improvements. P3~ S. APPROVE Easement Agreement for Project 784, Louis Lane Street and Utility Improvements P T. APPROVE County Agreement- Project 889 (Lexington Avenue and Wilderness Run Road intersection improvements) p33 U. APPROVE Temporary Malt Liquor License for Eagan Lions Club for 4`h of July Celebration (July 2 - July 5, 2003) p3Y V. APPROVE ordinance amendment to Chapter 6, Subdivision 4 of the Eagan City Code regarding Massage Therapy Establishment Licenses .V,36 W. ACKNOWLEDGE Economic Development Commission member resignation P38 X. APPROVE Right of Way Vacation and Final Subdivision - Vogelpohl Addition ~y3Y. APPROVE the recommendation of the Eagan Airport Relations Commission (ARC) to send correspondence to the Metropolitan Airports Corrunission (MAC) suggesting that the MAC utilize the operations data provided by the FAA Terminal Area Forecasts when considering the methodology to be used in the Part 150 Forecast Update. V. 6:30 - PUBLIC HEARINGS A. Project 884. Borchert Lane (Street and Utility Improvements) Variance, Walter S. Jurek. A request for an 11 foot variance to the required 30 foot setback P69 from public right-of-way on Lot 6, Block 2, Wedgewood First Addition, located at 949 Waterford Drive W. in the Sk'i' '/4 of Section 26. VI. OLD BUSINESS #78 A. Interim Use Permit, Peter Lund - Road Equipment Parts Center. An Interim Use Permit to allow outdoor storage on part of Lot 1, Block 1, lying in Section 11 and 12 Borchert Ingersoll, Inc. I" Addition - lying west of 3275 Dodd Road in the SE %2 of Section 11. (continued from the 4/1/0 3 meeting) F96 B. Revocation -Interim Use Permit -Jim Ober>?. (PID#10-03600-21-70) located at the southeast corner of Red Pine Lane and Highway 3 in the SE '/4 of Section 36. ig C. Preliminary Subdivision - River Run Properties. A Preliminary Subdivision (River Run r Addition) of Lot 2, Zehnder Acres to create two single family lots, located at 2987 Pilot Knob Road in the SE of Section 4. 9D. Stafford Place Parkine Restrictions. VIL NENN' BUSINESS f/39 A. Rezoning and Preliminary Subdivision - Manley Land Development. A Rezoning of approximately 4.9 acres from A (Agriculture) to R-1 (Single Family Residential) and a Preliminary Subdivision (Piney Woods) to create ten single family lots, located on the east side of Dodd Road, north of McFaddens Trail at 4650 Dodd Road in the north half of Section 36. P/~ Y& Rezoning and Preliminary Subdivision - Manley Land Development. A Rezoning of approximately five acres from A (Agriculture) to R-1 (Single Family Residential) and a Preliminary Subdivision (Sienna Woods) to create seven single family lots, located at 4795 ~.~q Dodd Road in the NW of Section 36. d l C. Preliminary Subdivision and Final PD - Manlev Land Development. A Preliminary Subdivision (Centennial Ridge 2°d Addition) of approximately 3.1 acres to create two lots and a Final Planned Development of a retail center, located on the SE corner of Diffley Road and ^ Johnny Cake Ridge Road in the NW 1i4 of Section 28. D. Ordinance Amendment - City of Eagan. An Ordinance Amendment Amending Eagan City Code Chapter 11 Entitled "Land Use Regulations "(Zoning)" by Amending Section 11.30 Regarding Definitions and Section 11.60, Subd. I I (C) and 13 (C) adding Currency Exchange Operations as Conditional Uses; and by Adopting by reference Eagan City Code Chapter 1. VIII. COMMUNITY CENTER UPDATE Ia. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO city of eaga MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 16, 2003 SUBJECT: AGENDA INFORMATION FOR MAY 20, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 20, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 20, 2003 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 6, 2003 regular City Council meeting and the May 6, 2003 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the May 6, 2003 regular City Council meeting are enclosed on pages .3 through J-. • Minutes of the May 6, 2003 Listening Session are enclosed on page MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota May 6, 2003 A regular meeting of the Eagan City Council was held on Tuesday, May 6, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA Items G, L and R were pulled from the Consent Agenda. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes . It was recommended to approve the minutes of the April 15, 2003 regular City Council meeting, the April 15, 2003 Listening Session, the April 22, 2003 City Council retreat and the April 29, 2003 City Council workshop as presented. B. Personnel Items. 1. It was reconunended to approve the promotion of Duane Pike from a Patrol Officer to a Sergeant in the Police Department. 2. It was recommended to approve the hiring of Erik Didrikson as a part-time building attendant at the Community Center. 3. It was recommended to approve the hiring of Alyxandria Barber, Christopher Buntjer, Melissa Buntjer, Meghan Chappuis, Erik Johnsen, Gabrielle Johnson, Tori Julian, Nick Landauer, Christie Mason, Rachel Nygaard, Alexander Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Kevin Stevenson, Joe Wavrunek and Julie Wavrunek as part- time seasonal concessions workers. 4. It was recommended to approve the hiring of Ashley Weninger, Kelly Schaffer, Sarah Mott, Shana Secory, Ben Ewald, Matthew Abramson, Lauren Hoefle, Jennifer Berkopec, Brooke Peterson, Ryan Ruzicka, Megan Menning, Caren Honigsfeld, Kabikov Mikhail, Amanda Barse, Lauren Michelsen, StephenByrnes, Matt Johnson and Winta Yacob as Cascade Bay seasonal staff for 2003. 5. It was recommended to approve a Time Spent Profile (TSP) point revision from non-exempt range G to non-exempt range H for the Code Enforcement Technician. 6. It was recommended to approve a Time Spent Profile (TSP) point revision from non-exempt range D to non-exempt range E for the Administration Clerical Technician position of Mary Swenson. C. Check Registers. It was recommended to ratify the check registers dated April 17, 2003, April 24, and May 1, 2003 as presented. D. 2003 Hauler License. It was recommended to approve 2003 Hauler License (Construction/Demolition Debris) for Haugen's Haulers and Dan's Container Service. E. 2003 Hauler License. It was recommended to approve 2003 Hauler License (Commercial / Multiple Dwelling) for Highland Sanitation and Recycling, Inc. F. 2003 Tobacco License. It was recommended to approve 2003 Tobacco License for L.T. Tobacco and Variety Store, 1270 Town Center Drive. G. Contribution to Caponi Art Park. Pulled H. Chanve Order. It was recommended to approve Change Order #12 for the Eagan Community Center in the amount of $34,499. 3 Eagan City Council Meeting Minutes I)RAF May 6, 2003 Page 2 1. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolutions of Denial of a request for a Variance modification to allow water and sewer connections to a detached garage proposed for 1944 Safari Trail. J. Final Planned Development. It was recommended to approve a Final Planned Development (Cedar Villas) - Dakota County Community Development Agency. K. Comprehensive Guide Plan Amendment. It was recommended to implement the Comprehensive Guide Plan Amendment for Special Area #5 (Cedarvale Area). L. Contract #03-04. Pulled for separate vote. M. Easement Agreements - Project 806R. It was recommended to approve Easement Agreements for project 806R (Kennerick Addition, Pond HDP-1 - Trunk Storm Sewer Improvements) with the owners of the referenced impacted properties and authorize the Mayor and City Clerk to execute all related documents. N. Project 801. It was recommended to receive the Final Assessment Roll for Project 801 (Silver Bell Road - Street Improvements) and schedule a public hearing to be held on June 17, 2003. 0. Change Order No. 4 for Contract 01-05. It was recommended to approve Change Order No. 4 to Contract 01-05 (Cedar Grove Redevelopment - Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Settlement Agreement. It was recommended to approve a settlement agreement with Metricom Inc. relating to their bankruptcy filings and authorize the mayor and City Clerk to execute all related documents. Q. Easement Agreements for Project 851. It was recommended to approve Easement Agreements for Project 851 (Town Centre Area - Street & Access Management Improvements) with the owners of the referenced impacted properties and authorize the Mayor and City Clerk to execute all related documents. R. Project 871. It was recommended to approve a commitment to MNDOT to finance up to 50%of the increased costs associated with the reconstruction of the intersection of Highway 149 & Wescott Road. S. Law Enforcement Mutual Aid Pact. It was recommended to approve Law Enforcement Mutual Aid Pact with the City of Bloomington. T. Easement Vacation. It was recommended to approve the vacation of public easement within the Lot 1, Block 1 Town Centre 70 Addition (kohl's) and authorize the Mayor and City Clerk to execute all related documents. U. Contract 03-01. rt was recommended to approve the revision of the bid opening for Contract 03-01 (Town Centre Area - Street & Access Management Improvements) to 10:30 a.m. on Thursday, May 15, 2003. V. Proclamation. It was recommended to approve a Proclamation proclaiming May, 2003 as Falun Dafa Month in Eagan. W. Four Paws Addition. It was recommended to approve a resolution allowing separate tax parcels for Outlot A and Lot 1, Block 1, Four Paws Addition. X. Hirin Fe reeze. It was recommended to approve a temporary hiring freeze for the City of Eagan. G. Contribution to Caponi Art Park. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a $1,200 contribution to the Caponi Art Park to support 2003 summer cultural and artistic performances and programs. Aye: 5 Nay:0 L. Contract #03-04. Councilmember Fields moved, Councilmember Calrson seconded a motion to receive the bids for Contract 03-04 (TH 55/Gift of Mary - Street & Utility Improvements), award the contract to S.M. Hentges, Inc., for the total base bid in the amount of $306,039.35, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 1 (Tilley opposed) R. Project 871. Councilmember Maguire asked for clarification regarding the segment of Hwy. 149 from Highway 55 to Yankee Doodle Road which Public Works Director Colbert provided. Councilmember Maguire moved, Councilmember Tilley seconded a motion approve a commitment to MNDOT to finance up to 50%of the increased costs associated with the reconstruction of the intersection of Highway 149 & Wescott Road. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes May 6, 2003 R e Page 3 PUBLIC HEARINGS DELINQUENT UTILITY BILLS City Administrator Hedges discussed this item regarding approximately 260 utility bill accounts with delinquent payments. The assessable amount of these accounts is $40,363.89. Mayor Geagan opened the public hearing. There was no public comment. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding nine delinquent false alarm bills. The assessable amount of these bills is $2,542.50. Mayor Geagan opened the public hearing. There was no public comment. Councilmember Fields moved, Councilmember Maguire seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding delinquent weed cutting bills. The total assessable amount of these bills is $337.88. Mayor Geagan opened the public hearing. There was no public comment. Councilmember Fields moved, Councilmember Maguire seconded a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VARIANCE TO 20 PERCENT LOT COVERAGE FOR A GARAGE ADDITION AT 1644 SHERWOOD WAY (Cal Roeske) City Administrator Hedges introduced this item regarding a request for a Variance to the maximum 20 percent building coverage for a garage addition that will result in 21.2 percent of building coverage for the lot at 1644 Sherwood Way. Senior Planner Ridley gave a staff report. -Mayor Geagan opened the public hearing. Cal Roeske, applicant, was present to answer questions of the Council. There being no further comment Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance to the maximum 20 percent building coverage for a garage addition that will result in 21.2 percent of building coverage for the lot at 1644 Sherwood Way, Lot 9, Block 1, Brittany 2"d Addition; subject to the following conditions: Aye: 5 Nay:0 6500, Eagan City Council Meeting Minutes D D,4 F May 6, 2003 Page 4 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The materials and color of the addition shall match the existing principle structure. 3. The addition shall be subject to all other R-1, Single Family Residential zoning standards. 4. The garage addition shall be located as indicated on the plans dated April 7, 2003. EASEMENT VACATION, LOTS 1 & 2, BLOCK 1, HEINE 1sT ADDITION, AND FINAL SUBDIVISION (HEINE 2" ADDITION) - BILL HEINE City Administrator Hedges introduced this item regarding the vacation of public easements within Lots 1 & 2, Block 1, Heine I" Addition and the final subdivision (Heine 2nd Addition) to create two lots on approximately 1.6 acres located at 1480 and 1490 Diffley Road. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the vacation of public easements within Lots 1 & 2, Block 1, Heine 15t Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Final Subdivision (Heine 2"d Addition) to create two lots on approximately 1.6 acres located at 1480 and 1490 Diffley Road in the NE '/4 of Section 28. Aye: 5 Nay: 0 OLD BUSINESS REVOCATION OF INTERIM USE PERMIT - CITY OF EAGAN City Administrator Hedges introduced this item regarding the revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on property owned by Jim Oberg, located south of Red Pine Lane. Senior Planner Ridley gave a staff report and suggested the item be continued due to the applicant being out of town and unresolved issues. Councilmember Carlson suggested that the item be placed on the May 20"' agenda. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of the revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on property owned by Mr. Jim Oberg, located south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE of Section 36 to the May 20a' City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS INTERIM USE PERMIT - NORTHWOOD EQUITY LLC City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow the temporary storage of vehicles at 3265 Northwood Circle. Senior Planner Ridley gave a staff report. Councilmember Carlson suggested shortening the amount of time for the Interim Use Permit. Council discussed the five year permit and agreed that two years would be more appropriate. Council also agreed that the applicant should determine a permanent solution to the storage issue. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve an Interim Use Permit to allow the temporary outdoor storage of vehicles on Lot 1, Block 1, Northwood Business Park 2"d Addition, located at 3265 Northwood Circle subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes DRAFT May 6, 2003 Page 5 1. The American Red Cross is limited to four blood mobiles that are 40 feet in length, 15 trucks that re 32 feet in length, 30 vans and 49 cars for outdoor storage associated with this Interim Use Permit. 2. Midwest Special Services is limited to eight vans for outdoor storage associated with the NP. 3. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked / modified if parking becomes problematic or for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City council with all interested parties being given an opportunity to be heard. 4. The IUP shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 5. The IUP shall terminate on May 6, 2005. 6. The outdoor storage shall occur in the designated storage areas as indicated on the site plan. 7. All vehicles shall be properly licensed and roadworthy. REZONING AND FINAL PLAT (CHILDREN'S THERAPY ADDITION) City Administrator Hedges introduced this item regarding a Rezoning from T, Transitional to NB, Neighborhood Business and a Final Plat (Children's Therapy Addition)to create one lot located at the 2700 block of Pilot Knob Road. Senior Planner Ridley gave a staff report, noting a revision to condition number seven listed in the Advisory Planning Commission minutes. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Rezoning from T, Transitional to NB, Neighborhood Business and a Final Plat (Children's Therapy Addition) to create one lot located at the 2700 Block Pilot Knob Road in the NE '/4 of Section 4 subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 2, 3, C1, 2, D1, E1 2. The property shall be platted. 3. Green space coverage and building coverage shall be shown on plans submitted for building permit. 4. Certified landscape plan shall be submitted with building permit. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of DNL. 6. The developer shall acquire all necessary Dakota County Transportation Department permits for access and work within the right-of-way prior to building permit approval. 7. The final plat for this development should dedicate restricted access onto Pilot Knob Road. 8. A tree preservation plan will be required at the time of building permit application. 9. All standard building and parking setbacks shall be met. PRELIMINARY SUBDIVISION (RIVER RUN ADDITION) City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single family lots and a variance of 38 feet to the required 50 foot right-of-way setback for the existing house located at 2987 Pilot Knob Road. Senior Planner Ridley gave a staff report. Kim Knutson, River Run Properties, discussed the proposed subdivision, detailing issues related to access from Pilot Knob Road Councilmembers discussed possible solutions to the access/driveway issues. It was agreed that the applicant should discuss possible options with Dakota County and that a letter of support be sent from the City. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Preliminary Subdivision (River Run Addition) to create two single family lots, and a Variance of 38 feet to the Eagan City Council Meeting Minutes DRAFT May 6, 2003 Page 6 required 50 foot right-of-way setback for the existing house located at 2987 Pilot Knob Road to May 20, 2003. Aye: 5 Nay: 0 James Oslund, 2997 Pilot Knob Road expressed concern regarding drainage onto his property if the driveway is constructed as discussed by Council. Mayor Geagan suggested that Mr. Oslund and the applicant meet to discuss Mr. Oslund's concerns prior to the May 20`'' Council meeting. COMMUNITY CENTER UPDATE City Administrator Hedges discussed current activity at the Community Center. ADMINISTRATIVE AGENDA Community Development Block Grant Transfer Money to Youth Development City Administrator Hedges stated that determination had been made that ineligible CDBG funds had been previously allocated for programming at the Conununity Center. He suggested that the resulting 511,000 in CDBG funding be allocated to the City's Youth Development Program. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the allocation of $11,000 in CDBG funding to the City of Eagan's Youth Development Program. Aye: 5 Nay: 0 Request to Rent Civic Arena City Administrator Hedges discussed a request received by staff to rent the Eagan Civic Arena for an event to be held May 31, stating that the renter would like to serve beer and wine. Councilmembers and staff discussed policy issues regarding use of the Civic Arena. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the rental of the Civic Arena and extend the current policy for park shelters with the addition of police security being-provided. Aye: 5 Nay: 0 Mayor Geagan called a recess at 8:20 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 8:25 p.m. and introduced "Visitors to Be Heard". VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 8:25 p.m. and went into Executive Session. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). Eagan City Council Meeting Minutes DRAFT May 6, 2003 Page 7 The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES OF A LISTENING SESSION ~Q OF THE EAGAN CITY COUNCIL 11 l MAY 6, 2003 6:00 P.M. The Eagan City Council held a Listening Session on May 6, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Representatives of the Dakota Woodland Shelter were present and discussed an upcoming softball tournament, inviting the Mayor and Council to participate. They also requested tickets for Cascade Bay and The Blast for use by Shelter residents. David Rosati, 4140 New York Avenue requested information regarding parking restrictions on New York Avenue. Public Works Director Colbert stated that this issue will be on the May 20, 2003 City Council agenda. Dr. Larry Spicer made a complaint regarding the water billing cycle and the imposed late payment penalty. Mayor Geagan and Councilmembers indicated they would review the current policy regarding the billing cycle and late payment penalties. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, Mira McGarvey Administrative Secretary / Deputy City Clerk 40 Agenda Information Memo May 20, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Parks Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of Katie Majkrzak as a seasonal parks maintenance worker. Item 2. Part-time Seasonal Utility Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Nate Cennak, Dale Skogstad and David Tripp as part-time seasonal utility maintenance workers. Item 3. Seasonal GIS Interns-- ACTION TO BE CONSIDERED: To approve the hiring of Leah Taylor, Heather Olson and Charles Norris as seasonal GIS Interns. Item 4. Resignation/Parks Maintenance Worker— ACTION TO BE CONSIDERED: To accept the resignation of Gary Skogstad, parks maintenance worker. Item 5. Resignation/Police Dispatcher— ACTION TO BE CONSIDERED: To accept the resignation of Kathryn Hetherington, police dispatcher. Agenda Information Memo May 20, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 8, 2003 and May 15, 2003 as presented. ATTACHMENTS: • Check registers dated May 8, 2003 and May 15, 2003 are enclosed without page number. Agenda Memo May 20-, 2003 CONSENT AGENDA: D. 2003 /2004 SERVICE STATION PERMITS ACTION TO BE CONSIDERED: Approve 2003/2004 Service Station Permits for: SuperAmerica #4049 PDQ Food Stores 4200 East Highway 13 4198 Pilot Knob Rd. SuperAmerica #4182 Rudy's Auto Service 1406 Yankee Doodle Road 3446 Nicols road SuperAmerica #4335 Yocum's Holiday #31 1379 Town Center Drive 1579 Cliff Road SuperAmerica #4464 2250 Cliff Road Cedar Cliff B.P. Amoco 4600 Slater Road Jacobus Energy, Inc. 3079 Neil Armstrong Blvd. FACTS: • All requirements to require Service Station Permits have been met and staff deems them in order for approval. ATTACHMENTS: • A copy of each application is attached without page number. 13 Agenda Memo May 20, 2003 CONSENT AGENDA: E. 2003 HAULER LICENSE ACTION FOR CONSIDERATION: Approve 2003 Hauler License for Coolidge Trucking Systems FACTS: • This license was applied for and fees paid in December 2002 • Information regarding vehicle identification numbers and insurance coverage was missing from the application, thus the delay in being placed on a Council agenda for approval • All information has been provided and the application is deemed acceptable by staff ATTACHMENTS: • A copy of the application is attached without page number. Agenda Memo May 20, 2003 CONSENT AGENDA: F. 2003/2004 Amusement Device License Renewals ACTION TO BE CONSIDERED: Approve 2003/2004 Amusement Device License Renewals for Theisen Vending, Inc. FACTS: • The applications by Theisen Vending for license renewal are for the following establishments: Cedarvale Bowl, Pizza Hut #13774, Wal-Mart, Doolittles Cafe, Eagan Cinema, and Grand Slam Sports. • All fees have been paid and the applications are deemed in order by staff for approval ATTACHMENTS: • A copy of the applications for amusement devices license renewal is attached without page number. ~s Agenda Information Memo May 20, 2003 Eagan City Council Meeting G. APPROVE RECYCLING SERVICES AGREEMENT WITH BURNSVILLE AND APPLE VALLEY ACTION TO BE CONSIDERED: Approve the final recycling services agreement negotiated with the cities of Burnsville and Apple Valley. FACTS: • Previously, at its March 4, 2003 meeting, the Eagan City Council approved adding Apple Valley to the Burnsville Eagan Recycling Program and requesting the City Attorney to execute a Joint Powers Agreement between the three cities. • The negotiated agreement is now back before the Council for final approval. • There are no material changes to what was presented to the Council previously, except stronger liability protections for each city. • Eagan still achieves a $5,000 reduction in costs with no adverse effect in personnel assigned personnel to Eagan (still half-time) ATTACHMENTS: -l6E • Enclosed on page~~°~ is a copy of the final recycling services agreement which has already been approved by the city councils of Apple Valley and Burnsville. /6 AGREEMENT TO PROVIDE RECYCLING SERVICES AGREEMENT made this day of 2003 by and among the Cities of BURNSVILLE, APPLE VALLEY, and EAGAN (hereinafter individually referred to as a "City" and collectively referred to as the "Cities"). 1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statute § 471.59. 2. PURPOSE. The purpose of this Agreement is to provide recycling services for the Cities. 3. RECYCLING SERVICE. Employees of the City of Burnsville shall perform the basic services of the recycling program (the "Program") for itself and for the Cities of Eagan and Apple Valley. The basic services include but are not limited to: • Distribute recycling/disposal information to each household, Actively participate and contribute to monthly Local Solid Waste Staff Meetings. • Support and promote Dakota County's integrated solid waste management program (promote Eco-Site, compost bin distribution, Green Guide, etc). • Make presentations (schools, community groups, Eco-Site tours for scouts). • Work with Multi-family buildings to reduce contamination of recycling materials. • Work with City staff to reduce waste and increase environmentally preferable purchases. • Ensure that recycling programs are established for City facilities. • Apply for the annual grant from Dakota County commonly known as the Community Landfill Abatement Grant. • Produce the annual report to Dakota County as required pursuant to the Community Landfill Abatement Grant. • Promote the ARROW Program (Awards for Reduction and Recycling of Waste for Businesses). • Answer phone/e-mail inquiries regarding recycling/disposal. If the City of Eagan or the City of Apple Valley desire additional services outside of the scope of the basic services of the Program, the City may enter into a separate agreement with Burnsville concerning those services. / 105494 4. FINANCE. A. The Cities of Eagan and Apple Valley shall pay the City of Burnsville to operate the Program. The City of Apple Valley shall pay 7/12ths of its allotted Community Landfill Abatement Grant payment from Dakota County for the year 2003. The City of Eagan shall pay the amount of $4,483 for the remainder of the year 2003 over and above the funds provided by Dakota County. Beginning with the 2004 calendar year, the City of Burnsville will submit to Dakota County a joint application on behalf of the three Cities for the Community Landfill Abatement Grants. The County payment will be made to the City of Burnsville for the three Cities, constituting payment for services for the year. The Community Landfill Abatement Grant amount shall constitute the budget for the Program for the year. B. The City of Burnsville shall act as fiscal agent and shall maintain a separate fund for the purpose of operating the Program. The City of Burnsville is authorized to pay claims approved by the Environmental Specialist of the Recycling Service. C. The City of Burnsville shall purchase equipment and supplies for the Program through procedures that are most beneficial to the Program. Contracts let and purchases made under this Agreement shall conform to statutory requirements applicable to the Cities. 5. CONTRIBUTIONS OF FACILITIES BY CITIES. A. Each City shall determine which of its Public Resources will be available to the Program. B. Each City shall maintain public liability insurance coverage on the Public Resources made available for the Program. C. Public Resources will be promptly returned to the City that provided the Public Resources upon that City's withdrawal from the Agreement. 10-5494 D. The Environmental Specialist in charge of the Recycling Program will be housed in the Burnsville Maintenance Facility. The Burnsville Director of Natural Resources will supervise the Environmental Specialist with input from designated supervisory contacts in Eagan and Apple Valley. 6. PERSONNEL. The City of Burnsville shall establish standards and qualifications for its personnel. Recycling Services personnel shall be deemed employees of the City of Burnsville, not of the other member Cities. 7. INSURANCE AND INDEMNIFICATION. A. General Liability Insurance. Each individual City agrees to maintain in force comprehensive general liability insurance equal to or greater than the maximum liability for tort claims under Minn. Stat. § 466.04. If any City is notified that its insurance is cancelled, it will immediately notify the other Cities in writing. If any City is unable to obtain or keep in force at least the minimum coverage required by this paragraph, any City may withdraw from this Agreement after giving the other member Cities at least thirty (30) days written notice of its intent to withdraw. B. Workers' Compensation Insurance. Each City shall be responsible for injuries to or death of its own employees. Each City shall maintain workers' compensation coverage or self- insurance coverage, covering its own employees while they are providing services pursuant to this agreement. Each City waives the right to sue any other City for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other City or its officers, employees or agents. C. Indemnification. The Cities agree to indemnify and hold harmless each other and each other's respective employees, trustees, directors, officers, subcontractors, agents or other members of its workforce, each of the foregoing referred to as "indemnified party," against all actual and direct losses suffered by the indemnified party and all liability to third parties arising from or in 105-194 & connection with any breach of this Agreement or from any negligence or wrongful acts or omissions by the indemnifying party or its employees, trustees, directors, officers, subcontractors, agents or other members of its workforce in connection with the indemnifying party's performance under this Agreement. Accordingly, on demand, the indemnifying party agrees to reimburse the indemnified party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys' fees) which may for any reason be imposed upon any indemnified party by reason of any suit, claim, action, proceeding or demand by any third party that results from the indemnifying party's breach of any provision of this Agreement or from any negligence or wrongful acts or omissions by the indemnifying party or its employees, trustees, directors, officers, subcontractors, agents or other members of its workforce in connection with the indemnifying party's performance under this Agreement. Under no circumstances, however, shall a City be required to pay on behalf of itself and other parties to this Agreement any amounts in excess of the limits of liability established in Minn. Stat. § 466.04. The limits of liability for some or all of the Cities shall not be added together to detennine the maximum amount of liability for any one City. 8. DURATION. A. Any City may withdraw from this Agreement on December 31 of any year. Written notice of termination must be given to the other Cities at least sixty (60) days prior thereto. B. In the event of written notification to withdraw, the remaining Cities shall meet to consider modifying the Agreement to continue without the withdrawing City or to terminate. In the event of termination, all surplus funds shall be distributed to the Cities in proportion to the amount contributed over the lifetime of the Agreement, in relation to all contributions made by the Cities. Property obtained under this Agreement shall be distributed to the Cities in the same manner. If the 105494 l/ remaining Cities continue this Agreement, the withdrawing City shall be given a portion of the surplus funds and property in proportion to the amount contributed by the City over the lifetime of the Agreement, in relation to all contributions made by the Cities. 9. PRIOR AGREEMENTS SUPERSEDED. This Agreement supersedes and repeals all prior agreements among the Cities related to the recycling service. IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by their respective duly authorized officers. Dated: CITY OF APPLE VALLEY By: Mary Hamann-Roland Its: Mayor By: Mary Mueller Its: Clerk Dated: CITY OF BURNSVILLE By: Its: Mayor By: Its: Clerk Dated CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Karels Its: Clerk 105494 & e Agenda Information Memo May 20, 2003 H. PROJECT 806R, KENNERICK ADDITION (POND HDP-1) STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 806R (Kennerick Addition, Pond HDP-1 - Trunk Storm Sewer Improvements) with the owner of Parcel No. 10-77250-100-00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 806R provides for the installation of a storm sewer outlet and pond improvements for Pond HDP-1 on the north side of Lone Oak Road (County Road 26), west of Pilot Knob Road (County Road 31). The storm sewer from Pond HDP-1 to Pond HP-11 will serve the proposed Kennerick Addition and additional adjacent properties as outlined and discussed in the feasibility report. • On June 5, 2001, the City Council approved Project 806, including the acquisition of all necessary easements. The City Council revised the scope of the improvements and approved Project 806R on April 15, 2003. • The storage of water within Pond HDP-1 above the Normal Water Level, the grading of the sedimentation basin and the installation of the storm sewer pipe requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the currently considered easement for the property is $26,000.00. Staff has suggested an offer in this amount to the property owner. The property owner has consented to the offer. • An agreement between the City of Eagan and the owner of Parcel No. 10-77250-100- 00, Lots 8, 9 and 10, Treffle Acres, has been prepared providing for the acquisition cost for the necessary easement. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. F~ Agenda Information Memo May 20, 2003 1. PROJECT 851, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 851 (Town Centre Area - Street & Access Management Improvements) with the owner of Parcel No. 10-77043-010-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 851 provides for the bituminous overlay and access management improvements of the streets in the Town Centre Area, as outlined and discussed in the feasibility report. The improvements include the construction of concrete sidewalk along the westerly/northerly side of Town Centre Drive, driveway relocations along the easterly/southerly side of Town Centre Drive and driveway apron construction throughout the Town Centre Area. • On December 2, 2002, the City Council approved Project 851, including the acquisition of all necessary easements. • The driveway and access management improvements in the Town Centre Area require the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the currently considered easement for the property is $200.00. Staff has suggested an offer totaling this amount to the property owner. The property owner has consented to the offer. • An agreement between the City of Eagan and the owner of Parcel I0-77043-010-01, Lot 1, Block I Town Centre 70 Nineteenth Addition, has been prepared providing for the acquisition cost for the necessary easement. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. Agenda Information Memo May 20, 2003 Eagan City Council Meeting J. PROJECT 809, BLUE GENTIAN ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 809 (Blue Gentian Road - Street & Utility Improvements) and schedule a public hearing to be held on June 17, 2003. FACTS: • Contract 809 provided for the street and utility extension improvements for Blue Gentian Road from Blue Water Road to Highway 55. • This project, constructed under Contract 01-06, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is 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. • The final assessments are approximately 30% under the estimate contained in the feasibility report presented at the public hearing held on February 6, 2001. ISSUES • Due to the lengthy process associated with the acquisition of easements and the related appeal process by the affected property owner (Roger Reiling), it will be quite a while before the final costs for this aspect are known. The developer has requested that the City levy the assessments for all known costs to date and then levy a 2°d assessment when all condemnation costs have been tabulated. /9 Agenda Information Memo May 20, 2003 Eagan City Council Meeting K. CONTRACT 01-05, CEDAR GROVE REDEVELOPMENT STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 5 to Contract 01-05 (Cedar Grove Redevelopment - Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-05 provides for the street and utility improvements related to access modifications in the Cedar Grove Redevelopment Area (City Projects 759R, 80OR and 801). • This change order provides for the excavation and disposal of fly ash material unexpectedly encountered in the construction of storm water ponds adjacent to Trunk Highway 13 under City Project 800R. • Initial soil borings were taken in the area of the ponds, but did not indicate the presence of fly ash. Excavation of the material required extraordinary efforts by the contractor in the use of a dozer and ripper. The material was considered unsuitable for grading material and was hauled off the site. • The removal, hauling and disposal of the fly ash material incurred ADDED costs of $79,204.20 to the contract. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan constructed in accordance with the Minnesota Department of Transportation specifications (2000). • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • This change order provides for a total addition of $79,204.20 (2.7%) to the original contract. The cost of the additional work under the change order will be the responsibility of the City's respective Major Street and Storm Sewer Trunk Funds and assessments to the adjacent benefiting properties as outlined in the feasibility report for Project 800R. 0D Agenda Information Memo May 20, 2003 Eagan City Council Meeting L. CONTRACT 01-06, BLUE GENTIAN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 01-06 (Blue Gentian Road - Street & Utility Improvements) in the amount of $34,858.57 to Danner, Inc. and accept the improvements for perpetual public maintenance subject to warranty provisions. FACTS: • Contract 01-06 provided for the street and utility improvements for Blue Gentian Road from Blue Water Road to Highway 55, as outlined and discussed in the feasibility report for Project 809. • The work under Contract 01-07 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. a~ Agenda Information Memo May 20, 2003 Eagan City Council Meeting M. CONTRACT 03-01, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 03-0] (Town Centre Area - Street & Access Management Improvements), award the contract to Hardrives, Inc., for the total base bid plus Alternate Bid No. 1 in the amount of $919,474.38, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-01 provides for the bituminous overlay and access management improvements of the streets in the Town Centre Area and Crestridge Lane, as outlined and discussed in the feasibility reports for Projects 851 and 882, respectively. • On December 2, 2002, the City Council authorized the street & access management improvements for the Town Centre Area (Project 851). • On February 4, 2003, the City Council authorized street improvements for Crestridge Lane (Project 882). • On March 18, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-01. • At 10:30 a.m. on May 15, formal bids were received for this project. A copy of the bid tabulation is enclosed. • Two alternate bids were received to allow for the cost/benefit analysis of bid prices from contractors for blacktop work under two separate specifications and mixtures. The cost of Alternate Bid No. 2 would add approximately $40,000 (or 4.5%) to the project cost over Alternate Bid No. 1, without substantially improving project blacktop quality. Therefore, it is recommended to select Alternate Bid No. 1 with the base bid. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid, with Alternate Bid No. 1, from Hardrives, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. • All easements needed for the construction of the improvements will be acquired by June 12, 2003, prior to the start date of June 16 stipulated in the project specifications. ATTACHMENTS: • Bid Summary, pagev-)--3througho. 3535 Vadna s Center Drive, St. Paul, MN 55110-5196 651,490 2000 651.490.2150 FAX Aasal architecture engineering en ironmental transportation May 15, 2003 RE: City of Eagan, Minnesota Town Centre Area Street and Traffic Improvements City Project Nos. 851 and 882 City Contract No. 03-01 SEH Project No. A-EAGAN0204.00 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and Members of the Council: On Thursday, May 15, 2003, at 10:30 a.m., five bids were received for the above-referenced project. The bid results are listed below in order of base bid plus alternates. Base Bid Base Bid + Alt. #1 I Base Bid + Alt #2 Hardrives Inc $676,022.701 $919,474.38 $960,388.36 Valley Paving Inc $680,024.31, $923,466.31 $960,293.31 McNamara Contracting Inc 5746,921.96! $1,014,795.90 $1,066,297.34 Bituminous Roadways Inc $749,587.321 $1,049,669.05 $1,051,976.92 Northwest Asphalt Inc $845,526.66 $1,118,128.06 $1,177,304.66 I Engineer's Estimate $944,551.95 $1,211,542.55; $1,264,302.45 Shaded areas denote corrected figure Project 851 Project 882 Base Bid + Alt. #1 Base Bid + Alt. #2 Low Base Bid + Alt. 1 1 $882,477 $36,997 Feasibility Report Estimate $2,190,030 537,320 Percent Under - Estimate 59.7% I 0.9% Engineer's Estimate $1,161,793 $49,750 Percent Under - Estimate 24.00% 25.7% We recommend the City award the project contingent upon receipt of all permits and easements if all permits and easements have not been obtained at the time of award. c.3 Short Elliott Hendrickson inc Your Trusted Rmuurce Equal Opportunity Employer Recommendation of Award May 15, ?003 Page 2 Accordingly, we recommend the project be awarded to Hardrives, Inc. based on their Base Bid plus Alternate No. 1 in the amount of $919,474.38. Attached is a copy of the bid tabulation for your information. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Timothy J. Plath, P.E. Project Engineer nm x:\aelea can\020400\reports&specs\s\reca wdltra its. doc a~ Agenda Information Memo May 20, 2003 Eagan City Council Meeting N. LOT 11, ZEHNDER ACRES ADDITION - EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on June 17, 2003. FACTS: • On May 2, 2003, City staff received a petition from Mr. Robert Landry, 1457 Lone Oak Road, requesting the vacation of a drainage and utility easement within Lot 11, Zehnder Acres Addition, along the private street Lone Oak Lane, north of Lone Oak Road in northwest Eagan. • The purpose of the request is to allow the private maintenance of a sanitary sewer pipe extension to serve a new house proposed on Lot 11, Zehnder Acres. • The easement was originally obtained and dedicated to the City in error by a previous potential developer of the property, without the City's knowledge of the dedication. The developer had originally planned to construct a public sanitary sewer extension within this easement. • Mr. Landry, the property owner and builder of the new house, now wishes to construct a sewer service line in this public easement area to be privately constructed and maintained. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. Agenda Information Memo May 20, 2003 Eagan City Council Meeting 0. CONTRACT 03-09, WATER TREATMENT PLANT ACTION TO BE CONSIDERED: Approve Addendums #1 & #2 to Contract 03-09 rescheduling the bid opening to 11:00 am Thursday, June 5, 2003 and implementing a Project Labor Agreement. FACTS: • Contract 03-09 provides for the expansion and upgrade to the City's north Water Treatment Facility located on Coachman Rd and Yankee Doodle. Plans and specifications have been approved and the Council had previously authorized the advertisement for solicitation of competitive bids to be opened at 11:00 am on Thursday May 22. • During this bid solicitation period, the City received several calls from contractors informing us the our bid letting date conflicted with several other similar projects (i.e. Mpls S35M Treatment plant, etc). They requested that the City extend its bid date to allow them submit bids on all contracts. Staff has reviewed these requests and found that a 2 week delay would be in the best interests of the City by insuring more competitive bids without jeopardizing the substantial completion date. • The second addendum requires the successful contractor to enter into a Project Labor Agreement (PLA) with the St. Paul Building and Construction Trades Council. This agreement is common to public improvements where a completion date is critical. It requires the Prime contractor to work with the local labor organization's work force and helps to assure that the project will not be affected by any work stoppages, strikes, slow-downs or picketing due to unsettled contracts by any of the 24+ covered unions. Several of these union contracts expire during the duration of the City's construction schedule. This type of agreement has been used by the Metropolitan Airports Commission (MAC), the Metropolitan Council of Environmental Services (MCES) and the City of Inver Grove Heights, just to name a few. The City Attorney's office has reviewed the proposed PLA to insure that it is in the best interests of the City's contract. ~6 Agenda Information Memo May 20, 2003 Eagan City Council Meeting P. APPROVE ARCHITECTURAL SERVICES CONTRACT OF JAL ARCHITECTS FOR THOMAS LAKE PARK PAVILION. ACTION TO BE CONSIDERED: Approve contract of JAL Architects for architectural services at the Thomas Lake Park pavilion. FACTS: • This item is included in the 2003 CIP, approved by Council on March 25, 2003. • The restroom module of the Thomas Lake pavilion has begun to show signs of significant structural deterioration, due primarily to the instability of the underlying soils. • Soil borings and engineering reports have shown that the most effective means of mitigation is removal of the restroom module and restructuring of the sub-soils. • The new restroom module must be built to meet current architectural and accessibility standards. • The new module will connect to the pavilion and is to be designed to reflect a consistent style. • The cost estimate for the project, based upon known conditions, is $225,000. ATTACHMENTS: • None a~ Agenda Information Memo May 20, 2003 Eagan Cite Council Q. EXTENSION FOR RECORDING FINAL PLAT (NATURES EDGE 21D ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve an extension of time to record the final plat for Natures Edge 2'd Addition, located south of Cliff Road and west of Dodd Road in the NW'/4 of Section 36. FACTS: • The City Council initially approved the Final Subdivision on April 1, 2003. The plat is required to be recorded within 60 days of approval, which would be May 31, 2003. • The applicant is requesting an extension to allow an additional 60 days (to July 30, 2003) to record the final plat. A letter from the applicant is attached. ATTACHMENTS (1): Letter from Manley Land Development, page~~ M/\r,NLEY Brothers Construction, Inc. 21 13 Lilff ::r:ve 2 3 Fax 6'S May 9,2003 Ms. Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, NL1 55122 Re: Nature's Edge 2 d Addition Dear Ms. Dudziak: At this time, we need to request an extension on the final plat approval for the Natures Edge Addition plat. We will not be able to meet the 60 day time limit on filing the final plat. Enclosed is a S 75.00 check for this application. Please schedule this request for the next available City Council meeting. Thank you for your assistance. Sincereh, Manley Land Development Kevin Manley t i a~ Agenda Information Memo May 20, 2003 APPROVE TEMPORARY MALT LIQUOR LICENSE FOR EAGAN LIONS CLUB FOR FOURTH OF JULY CELEBRATION (JULY 2-5,2003) ACTION TO BE CONSIDERED: To approve a temporary malt liquor license for the Eagan Lions Club and waive the $25.00 license fee. FACTS: • The Eagan Lions Club has requested a temporary malt liquor license be issued to them for the Fourth of July celebration, July 2-5, 2003. • The application form has been submitted and deemed in order by staff. The Eagan Lions Club is requesting that the $25.00 license fee be waived. ATTACHMENTS: • Application and letter enclosed without page number. 30 Agenda Information Memo May 20, 2003 R. PROJECT 771, LEXINGTON AVENUE STREET UPGRADE & TRAFFIC SIGNAL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal Improvements) with the owner of Parcel No. 10-72851-010-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan was the lead agency in partnership with the Dakota County Highway Department in the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and included the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive. • The upgrade of Lexington Avenue required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the easements for this property indicated a value of $74,650.00. An offer was accordingly forwarded to the legal representatives of the property. Their counter offer was in excess of three times the City's offer, with little expressed interest to negotiate. • The property has recently been considered for sale. With this interest, the current owner, Avalon Properties, Inc., has expressed a desire in cleaning up the easement acquisition cost issue with the City. A review of the previous appraisal has indicated a likely significant increase in the value of the easements. In order to settle and avoid additional costs in attorney fees and commissioner's hearings, staff has suggested an offer of $150,000.00 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the owner of Parcel 10-72851-010-01, Lot 1, Block 1 Stuarts 2nd Addition, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 3/ Agenda Information Memo May 20, 2003 S. PROJECT 784R, LOUIS LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 784R (Louis Lane - Street and Utility Improvements) with the owner of Parcel 10-03800-010- 02 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 784R provided for the construction of a new street, Louis Lane, south of Trunk Highway (TH) 55 and the installation of a sanitary sewer lift station and force main. The sanitary sewer force main crosses TH 55 and heads north to the intersection of Lone Oak Road and Lone Oak Drive as outlined and discussed in the feasibility report. • On April 4, 2000, the City Council approved Project 784R, including the acquisition of all necessary easements through the Eminent Domain or Condemnation Quick Take process, if necessary. • Appraisals were obtained for all required easements. The estimated value of the easement for this property indicated a value of $4,900.00. An offer was accordingly forwarded to the legal representatives of the property. Their counter offer was for $70,000. The City Attorney's office accordingly attempted to schedule a commissioner's hearing to determine a settlement amount. • The property is owned by a trust, RES Investment Company, LLP, that includes numerous disinterested parties. The City Attorney's office has been unable to successfully schedule a commissioner's hearing due to a lack of apparent agreement on the part of the trust members. • The property has recently been considered for sale. With this apparently common interest, the current owner has expressed a desire in cleaning up the easement acquisition cost issue with the City. In order to settle and avoid additional costs in attorney fees and commissioner's hearings, staff has suggested an offer of $10,000.00 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the owner of Parcel 10-03800-010-02 has been prepared providing for the acquisition cost for the necessary easement. • Engineering staff and the City Attorney's office have reviewed the agreement and find it to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 3c~- Agenda Information Memo May 20, 2003 T. PROJECT 889, LEXINGTON AVENUEIWILDERNESS RUN ROAD INTERSECTION IMPROVEMENT AGREEMENT ACTION TO BE CONSIDERED: Approve an Intersection Improvement Agreement for Project 889 (Lexington Avenue/Wilderness Run Road - Intersection Improvements) with the Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County Highway Department has scheduled the upgrade of the Lexington Avenue (County Road 43) and Wilderness Run Road intersection, located about 0.5 mile north of Cliff Road (County Road 32), for the summer of 2003. This project is in conjunction with the bituminous overlay of Lexington Avenue, between Diffley Road and Cliff Road, by Dakota County. • As a part of the overlay improvements, Dakota County will be restriping this road segment to revise the lane configuration from the current 4-lane design to a 3-lane design. This would be comparable to the striping improvements the City of Eagan completed on Wescott Road in 1999. • Project 889 includes the installation of right turn lanes on Lexington Avenue to coincide with the new left turn lanes and single through lanes in each direction created by the new 3-lane configuration and associated improvements at the existing intersection. • An agreement between the City of Eagan and the Dakota County Highway Department has been prepared providing for the costs of the intersection improvement. As set forth in the agreement, the City's financial share of these improvements is 45% of the construction, engineering, and inspection costs. • City staff have reviewed this agreement and found it to be similar to other street improvement agreements with the Dakota County Highway Department and in order for favorable Council action. 32 Agenda Memo May 20, 2003 CONSENT AGENDA: V. ORDINANCE AMENDMENT TO CHAPTER 6, SUBDIVISION 4 OF THE EAGAN CITY CODE REGARDING MASSAGE THERAPY ESTABLISHMENT LICENSES ACTION TO BE CONSIDERED: Approve Ordinance Amendment to Chapter 6, Subdivision 4 of the Eagan City Code regarding Massage Therapy Establishment Licenses. FACTS: • Chapter 6, Subdivision 4 of the Eagan City Code addresses Massage Therapy Establishment Licenses. Subdivision 4C1 specifically addresses the total number of licenses allowed in the City as being limited to six. • During recent years, massage therapy has become a popular and widely accepted service and limiting the number of massage therapy estab lislunents to six in a city the size of Eagan is unusual. • The Police Department reports no enforcement concerns with either the existing number of license holders or with an increase in that number. • This item was discussed at the May 13, 2003 Special City Council meeting where direction was given to the City Attorney to prepare an ordinance amendment deleting the limitation on the number of massage therapy establishment licenses to be issued in the City of Eagan. • A fee study is being prepared and will be presented to the City Council at the June 10`n work session per the direction of the Council at their May 13`h special meeting. ATTACHMENTS: • A copy of the draft ordinance amendment is attached as page number 3s . 3y ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHE BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.39 REGARDING MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPIST LICENSES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing Section 6.39, subd. 4(C)(1), to read as follows: 1. Licenses shall be granted only for operation on fixed premises which must be located in a commercial or industrial district as established by the zoning chapter. The total number- of licenses issued shall he limited to Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo May 20, 2003 Eagan City Council Meeting W. ACKNOWLEDGE ECONOMIC DEVELOPMENT COMMISSION MEMBER RESIGNATION - CITY OF EAGAN ACTION TO BE CONSIDERED: To acknowledge the resignation of Economic Development Commissioner Spears. FACTS: Commission member Nathan Spears was appointed to a second three-year term in January of 2002. Mr. Spears has determined that he can no longer devote the time necessary to the EDC. The EDC alternate will fill the vacancy for the remainder of the year. ATTACHMENTS: (1) E-mail from Nathan Spears on page. -----Original Message----- From: Nathan Spears [mailto:nathan@shirtwerks.com] Sent: Tuesday, May 13, 2003 6:56 PM To: leeashfeld@hotmail.com; MRidley@ci.eagan.mn.us Cc: Cari Subject: As I sit here starring at my packet for last nights meeting, realizing that even if I had remembered it, it would not have fit into my increasingly busy schedule I have come to the conclusion that I am no longer able to fulfill my obligations to the Economic Devlopement Comission. The most recent downturn in the economy has necessitated downsizing my workforce. This did not however, decrease the amount of work that needed to be done. The obvious end result is more work for me. Between work and my family I am left with little free time for any extra activities. I have enjoyed my time on the EDC and know that it is a good work you are doing, but am forced to tender my resignation. Fell free to call with any questions or if you feel I may be of assitance in the future, Thanks Nathan Spears Eagan Shirt Werks 651.686.6343 Agenda Information Memo May 20, 2003 Eagan City Council X. VACATION OF RIGHT-OF-WAY AND FINAL SUBDIVISION (VOGELPOHL ADDITION) - PATRICIA VOGELPOHL ACTION TO BE CONSIDERED: To approve a Vacation of right-of-way (Kennebec Drive) for incorporation into the final plat of Vogelpohl Addition. To approve a Final Subdivision (Vogelpohl Addition) to create two lots on approximately 5.3 acres consisting of Lots 3, 4, and 5, Silver Bell Addition, located at 2099 Silver Bell Road in the XE'/4 of Section 18; subject to the conditions in the October 15, 2003 City Council minutes. FACTS: • The City Council held a public hearing on October 15, 2002 regarding the Vacation of right- of-way and postponed action on the Vacation request to be considered with the Final Subdivision for Vogelpohl Addition. • Also on October 15, 2002, the City Council approved the Preliminary Subdivision for Vogelpohl Addition, subject to the conditions listed in the City Council minutes. ATTACHMENTS (1): *'2 C Area Map, page-7 -7 Final Plat, page -Yo- October 15, 2003 City Council minutes, pages Y/ through Ys2 39 a Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint L 4•t Sub'ect Site I eo J ,4 C ~ ~ f LL Ca 7 Ho. ✓ Et H' 1 et, mod. a S r s c~ nano 1000 0 1000 2000 Feet Development/Developer: Vogelpohl Addition Application: Preliminary Subdivision Case No.: 18-PS-15-08-02 39 ' Map Prepared using ERSI ArcView 3.1. Parcel base map data provided ' by Dakota County Office of GIS and is current as of February 2003. ~y THIS MAP IS INTENDED FOR REFERENCE USE ONLY E citV o1= eac~an The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are Cemmunit D eslo runt De ■rtnent $ Y P P not responsible for errors or omissions. i 4 _ o ~ Q C _ • C I ~ ~ E i ~ ~ I W ' o II > f ^I I 'I • ~ F c I o a~ _ • Z ~ E 7 --C - ' E I3~ of ° • o i c I~ > - • > li Cu .o i• _E' °e _o ec .e ~e yo . O _ Iu ~ \ ~ J I \ i I \ I -lA I \ N \ \ / /'e \ i ciiie ti I / / ~ .67 C F \ c:i ~1 Eagan City Council Meeting Minutes October 15, 2002 Page 4 SILVER BELL ROAD (KENNEBECK DRIVE - VOGEPOHL ADDITION RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding a right of way vacation request for Silver Bell Road ( Kennebeck Drive) in the Vogepohl Addition. Public Works Director Colbert recommended that the public hearing be closed and action be continued on the vacation of public right-of-way, for consideration with the Final Plat and Subdivision for the Vogelpohl Addition. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue any action of the vacation of public right-of-way of Silver Bell Road (Kennebeck Drive), for the consideration with the Final Plat and Subdivision for the Vogepohl Addition. Aye: 5 Nay: 0 OLD BUSINESS CON ION AL USE PERMIT, RIGHT-OF-NVAY VACATION AND VARIANCE - WAJCO C. City Ad ' istrator Hedges introduced this item regarding a conditional use permit req to allow a car wash, setback varianc , and a right-of-N ay vacation, at 4205 Nicols Road and the acquisit for property through Eminent Domain. He noit~ that this item has been before Council previously and contin d per the request of the applicant to allow time to re§qIve issues regarding setbacks and the platting of the pr "erty. Senior Planner Ridley gave a staff report. Councilmembers and staff hid a discussion regarding an agreeme etween the applicant and the City, and the acquisition of property, if necessarey, through Eminent Domain a possible negotiations with the property owner. Councilmember Bakken moved, Counci ember Carls seconded a motion to approve a Conditional Use Permit to allow a car wash at 4205 Nicols Road subject to the llowing conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recor at the Dakota County Recorder's Office within 60 days after City Council approval. 2. The property shall be platted. 3. Landscaping shall be prohibited wit public right _of--way easements. 4. A revised landscape plan shall be Qbn -fl fitted incotpora ' g the following: a. Plantings shall be insta d along the west prop line, where feasible. b. A Landscape island all be constructed along the outhern property line where parking stalls are proposed. c. The existing Ian cape island at the northeast corner o he site shall be enlarged to the west for additional antings. 5. All /applicant parking alls shall be constructed along the nort h propee line at a 90 degree angle. 6. A lislan all be placed amongst the required parking for the ~elocation/placement of one exit fix re. The second light fixture shall be placed within the larged landscape island at the t rner of the site, if feasible. 7. Paonly be permitted on improved surfaces. 8. Thclosure shall be constructed of materials similar to those utilized on e principal structure. 9. Tht shall enter into an agreement with the City that stipulates performan requirements of botlicant and the City. 10. Th e of the building permit for the car wash will be contingent upon execution f said reement. uncilmember Bakken moved, Councilmember Fields seconded a motion to approve setback V iances at 4205 N' ols Road. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 15, 2002 Page 6 ROVE AUAR - CONSIDERATION OF FINAL AUAR AND MITIGATIO City Administrator Hedges intro t s item regardin oval of the final AUAR and Mitigation for Cedar Grove Redevelopment Area which woul o distribute the document for a 10-day agency objection period. Council er Fields moved, Councilmember Bakken seconded a motion to approve t re Grove Re ent Area Final AUAR and Mitigation Plan for distribution. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (VOGELPOHL ADDITION) PATRICIA VOGELPOHL City Administrator Hedges introduced this item regarding a preliminary Subdivision to create two lots on approximately 5.3 acres consisting of Lots 3, 4, and 5, Silver Bell Addition, located at 2099 Silver Bell Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Vogelpohl Addition) to create two lots on approximately 5.3 acres consisting of Lots 3, 4, and 5, Silver Bell Addition, located at 2099 Silver Bell Road in the SE '/4 of Section 18 subject to the following conditions: Aye: 5 ?gay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, Bl, and D1 2. The property shall be platted. 3. Any development on Lot 2 will be subject to the City's water quality requirements at the time of building pemlit application. 4. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs on the newly created Lot 2. 5. Any development on Lot 2 requires a tree preservation plan incorporated as part of any landscape plan. All tree preservation plans must be certified by a forester or landscape architect retained by the applicant. 6. The requested right-of-way vacation of portions of Kennebec Drive shall be approved separately by the City through a separate public hearing. P IINARY SUBDIVISION (CENTENNIAL RIDGE) LEY LAND DEVELOPMENT City Administrator Hedges introduced t ' 'tern regarding a preliminary Su i ston of approximately 8.6 acres to create 24 single-family lots on 5.5 acres, and o utlot of 3.1 acres f ture commercial development, located on the south side of Diffley Road and east of Johnny e Rid oad. Senior Planner Ridley gave a staff report. A discussion was held with the developer re tng the installation o vacy fence and/or vegetation along the north property line to shield the homes m future commercial developmen. Councilmember Carlson move , ouncilmember Bakken seconded a motion to approve eliminary Subdivision of approximately 8.6 es to create 24 single-family lots on 5.5 acres, and one outlot of 3. res for future commercial developme , ocated on the south side of Diffley Road and east of Johnny Cake Ridge Ro in the NW '/4 of Section 28, s Ject to the following conditions: Aye: 4 Nay: 1 Fields abstained. 1. The devel er shall comply with these standards conditions of plat approval as adopted by Council on Februa 2, 1993: Al, B1, B2, B3, B4, Cl, C2, C4, D1, and El 2. e property shall be platted. LIA Agenda Information Memo May 20, 2003 CONSENT AGENDA: Y. APPROVE the recommendation of the Eagan Airport Relations Commission to send correspondence to the Metropolitan Airports Commission (MAC) suggesting that the MAC utilize the operations data provided by the FAA Terminal Area Forecasts when considering the methodology to be used in the Part 150 Forecast Update. ACTION TO BE CONSIDERED: To approve the recommendation of the Eagan Airport Relations Commission to send correspondence to the Metropolitan Airports Commission (MAC) suggesting that the MAC utilize the operations data provided by the FAA Terminal Area Forecasts when considering the methodology to be used in the Part 150 Forecast Update. FACTS: • In May 2002, the MAC removed the Part 150 Program (noise mitigation program) submittal to the FAA until such time as the MSP Part 150 Operations Forecast was revised. • On May 7, 2003, the MAC's Planning and Environment Committee was presented with potential methodologies to be used in preparing the revised MSP Operations Forecast. • The Forecast will be used to provide the projected number of operations at the MSP Airport for the years 2003-2007. • The Part 150 Program will likely be based upon the 2007 projected operations at the MSP Airport. • In addition to revising the number of operations anticipated at the MSP Airport, the forecast will also reflect the updated fleet mixes being used by the airlines. • According to MAC staff, it was suggested that historically, the higher the number of projected operations, the larger the Part 150 noise contours will be. • At the May 13 ARC meeting, the Commission discussed the forecast methodologies and recommended that the City Council direct a letter be sent to the MAC suggesting that the MAC utilize the FAA Terminal Area Forecasts (TAF) data when projecting operations at the MSP Airport, rather than the data from the Airport Noise and Operations Monitoring System (ANOMS). • The rationale behind the ARC's decision included that the FAA data incorporates the number of all airplanes in the MSP airspace (overflights), whereas the ANOMS data takes into account only arrivals and departures from the MSP Airport. • Furthermore, the ARC noted that the FAA data projects higher operations figures than the ANOMS data, which could impact the future noise contours of the Part 150 program, which potentially could include homes in Eagan. ATTACHMENTS: • Attached without page number is the power point presentation of the Part 150 Forecast Update that was presented to the MAC Planning and Environment Committee on May 7, 2003. ~43 Agenda Information Memo May 20, 2003 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 884, BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Close the public hearing to consider Project 884 (Borchert Lane - Street & Utility Improvements) and; OPTION 1) Approve Project 884, select the general alignment of Borchert Lane, authorize the preparation of detailed final plans and specifications and the acquisition of easements through quick-take eminent domain process, if necessary. OPTION 2) Direct the preparation of assessable benefit appraisals. OPTION 3) Cancel Project 884. FACTS: • On March 4, 2003 the City Council directed staff to prepare a feasibility report considering the street upgrade and utility improvements of Borchert Lane, from Mike Collins Drive to the entrance to Thresher Park (formerly known as "North Fields") in northeast Eagan. • Borchert Lane is currently an 800' long rural section gravel roadway within public right-of-way that is minimally maintained by City crews. • On April 15, 2003, the draft feasibility report for Project 884 was presented to the City Council and a Public Hearing was scheduled for May 20 to formally present and discuss the report with affected property owners. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • The Feasibility Report has been prepared with the proposed improvement costs financed in accordance the City's Special Assessment policies. There are 5 separate parcels with different land use, frontage and boundary configurations. If Special assessment appraisals are requested by the Council, it would take approx. 3 months to complete at a cost of $2,500 - $3,000 per parcel. This cost has not been included in the Feasibility Report's estimate. ATTACHMENTS: • Feasibility Report, pages through City of Eagan Report for Borchert Lane Street Improvements City Project No. 884 Eagan, Minnesota May, 2003 ra -i` - •'s.' - u~.3. K 'gip "w ~~4'"s~ ~i ~ or :1 r. x ~'~553'ep a *S-•ti' ~ YN• ~j~f 1 'h )~jr' t!P ~ .I ..y - y ?-j 7.Xai;r ~ s~f v. ~ 4~ +}•1 .A~ e f in^ ~ Amt ti .t ~ h ~-~:~?.7 ~~h 1 jLt_.• ; 7 s FitiT- gg~~.w.~• YSO A city of eagan PAT GE~GA May 15, 2003 Mai or Honorable Mayor and City Council City of Eagan PEGGY CARLSON 3830 Pilot Knob Road Eagan, MN 55122 CYNDEE FIELDS MIKE %L-1GUIRE Re: Borchert Lane MEG TILLEY Street Improvements City Project No. 884 Council Members Dear Mayor and City Council: THOi\IAS HEDGES Attached is our report for the Borchert Lane - Street Improvements, City Project No. 884. Cirv Administrator The report presents and discusses the proposed improvements (with alternative alignments as requested by the City Council) and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and Municipal Center: discuss the contents of this report. 3830 Pilot Knob Road Eagan. MN 55 i 22-1897 ' Sincerely, Phone: G1.6-5.5000 _ 'ire Fax: 651.6-5.5012 n P. Gorder Assistant City Engineer TDD: 651.45x.853; I hereby certify that this report was Maintenance Facilirv: prepared by me or under my direct supervision and that I am a duly Licensed Professional 3501 Coachman Point Engineer under the laws of the State of I i Eagan, Mix 55122 Minnesota. Phone: 651.675.5300 Fax: 651.675.;360 j John P. Gorder TDD: 651.454.8535 Date: ~7 G3 Reg. No. 22813 i Reviewed By: www. cirvofeagan.com C.- Dept. of Public Works Date: Revie ed By: THE LONE OAK TREE The symbol of strength Flna ept. Date: 5 1 v O~ i and growth in our community ~16 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction/ History ..............................................................................................2 Scope 3 Feasibility and Recommendations ..............................................................................3 Proposed Improvements ..........................................................................................4 Easements/Permits Cost Estimate 6 Assessments 6 Assessment Financing Options 7 Revenue Source 8 Project Schedule ...................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate • Alternative 1 • Alternative 2 Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2A Street Improvement - Alternative 1 - 213 Street Improvement - Alternative 2 - 3 Assessment Area Map May 2003 Street Improvement Report Borchert Lane Eagan, Minnesota Introduction/ Historv Borchert Lane is an unimproved gravel rural section roadway, approximately 800' long, located in Threshereast Easan southeast of Mike Collins Drive (See Figure 1). The public right-of-way for Borchert Lane was dedicated with the adjacent Borchert-Ingersoll Inc. 1" Addition development in 1975, but a street was not constructed to city standards with a bituminous surface and concrete curb and gutter. Rather, the current gravel road was constructed and has been minimally maintained by the City and the adjacent property owners. Little information exists in the City files regarding the development of the adjacent property and the rationale for not constructing the street at time of development. Public sanitary sewer and water mains were constructed within Borchert Lane at time of development. t t loll all r F y `4 ask yam: r Y. L..?•~. - l 4 . x Q~ 2 With the pending improvements to the Thresher Fields Park property in 2003, the City Council has requested that a feasibility report be prepared to determine the scope, cost, schedule, and method of financing for the upgrade of Borchert Lane from a gravel rural section roadway to a street of current City standards to serve Thresher Fields and the adjacent properties. On March 4, 2003 the City Council directed staff to prepare a feasibility report detailing the upgrade of Borchert Lane, with two alignment alternatives: 1) entirely within the existing right- of-way, or 2) shifted to the northeast out of the current right-of-way to maximize the future buildable area of Lot 1, Block 1 Borchert Ingersoll Inc Addition. The alignment alternatives are shown on Figures 2A and 2B. Scope This project provides for the grading, storm sewer and street upgrade construction of Borchert Lane (approximately 800' long), from Mike Collins Drive southeast to Thresher Fields. Also included are necessary sanitary sewer and water service extensions to serve future development of adjacent properties, and adjustments to sanitary/storm sewer utility castings and water gate valves. Feasibility and Recommendations This project is necessary to provide for improved safety by providing a bituminous driving surface for vehicles accessing properties on to Borchert Lane. The project is also necessary to provide City utility service to the properties adjacent to Borchert Lane. This project is cost effective in that upgrading Borchert Lane and the proposed utility extensions will add value to the adjacent individual properties. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. C1 ~ 3 Proposed Improvements Street With both alternative alignments provided, this project provides for the upgrade construction of Borchert Lane southeast from Mike Collins Drive approximately 800' to the entrance to Thresher Fields (see Figures 2A and 2B) A street section will be constructed to current city standards over the existing subgrade within existing right-of-way, for Alternative 1 and within existing and acquired right-of-way for Alternative 2. The street section will consist of a 4 '/z" " bituminous surface supported by an 8" gravel base, with concrete curb & gutter. Lateral storm sewer will be similar for both alternatives, constructed from within Borchert Lane to Pond EP-2 to provide drainage for the street surface only. Utilitv Service Sanitary sewer and water services of sufficient size, depth and capacity will be extended beyond the street right-of-way for use by future development of Lot 1, Block 1 Borchert Ingersoll I" Addition. All other adjacent properties are currently connected to City sewer and water service. Sanitary sewer and water services will be extended to serve Thresher Fields under a separate public improvement project (City Project No. 891, Contract No. 03-08). Concrete Entrance Aprons Commercial concrete entrances will be constructed with 7-thick concrete entrance aprons in accordance with Eagan standards to the adjacent properties. These driveway entrances provide for adequate strength and width and is consistent with similar past projects in commercial/ industrial areas throughout the City. EasemenVPermits Alternative 1 With the Alternative 1 alignment, all necessary street upgrade work will be in the public right-of- way. Drainage & utility easement (5,000 sq. ft) to cover the construction of the lateral storm sewer pipe from Borchert Lane to Pond EP-2 will be required. Sv 4 Alternative 2 With Alternative 2 alignment, acquisition of additional right-of-way from the following parcels will be required: Lot 5, Block 2 Eagandale Center Industrial Park No. 4 (3160 Mike Collins Drive) 5,000 sq. ft. permanent right-of-way Lot 1, Block 2 Borchert Ingersoll I" Addition (3275 Dodd Road) 10,000 sq. ft. permanent right-of-way Lot 1, Block 1 Borchert Ingersoll 15` Addition (No Address) 5,000 sq, ft. drainage & utility easement Totals: 15,000 sq. ft. right-of-way 5,000 sq. ft. drainage & utility easement With Alternative 2, to provide Lot 1, Block 1 Borchert Ingersoll 151 Addition with more buildable area, a portion of the existing right-of-way not used for Borchert Lane could be vacated. Since Lot 1, Block 1 and Lot 1, Block 2 Borchert Ingersoll I" Addition have common ownership, it is assumed that the necessary right-of-way from Lot 1, Block 2 for the project will be dedicated at no cost, given the available right-of-way property to be possibly vacated for use in development of Lot 1, Block 1. The total estimated costs for this right-of-way and drainage & utility easement acquisition have been included in the respective project cost estimates for the two alternatives presented. A Minnesota Pollution Control Agency General Storm Water permit for grading and drainage of the street will be required for the project. 5 Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2003 construction costs and include 10% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs are as follows: Street Improvements • Alternative 1 - Within Existing R/W $132,980 • Alternative 2 - Alignment Shifted Northeast $139,480 Utility Services • Utility Service - Lot 1, Block 1 BI 15` $14,780 Concrete Entrance Aprons • Lot 1, Block 1 BI ls` $4,290 • Lot 1, Block 2 BI 1S` $4,290 • Lot 5, Block 2, ECIP 4 $4.290 Total Project Costs Alternative 1 $160,720 Alternative 2 $167,220 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for street and utility improvements for local commercial/ industrial streets. See Appendix B for the proposed assessment rate calculations and assessment roll, with each alternative street alignment. City Special Assessment Policy Assessment Ratio Property City Street & Storm Sewer Improvements 100% 0% Utility Services 100% 0% Concrete Entrance Aprons 100% 0% 6 Assessment Method Alternatives All properties having driveway access on to Borchert Lane, as shown on Figure 3, including the Thresher Fields property, are proposed to be assessed. The City's Assessment Policy states that 100% of the street-upgrade costs are assessable for commercial/ industrial and community parks properties. The method of assessment calculation is presented below and in Appendix B for consideration. The estimated rate of assessment based on the City Assessment Policy is calculated as follows: Front Footage Assessment Method Alternative Alignment 1 1) Front Footage of Benefiting Properties = 1,865 2) [$132,980(Street Upgrade Cost)] / 1,865 Front Footage = $71.30/ FF Alternative Alignment 2 1) Front Footage of Benefiting Properties = 1,865 2) [$139,480(Street Upgrade Cost)] / 1,865 Front Footage = $74.80/ FF Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over fifteen years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result per $1,000 assessment based on an estimated 6% interest for the assessed amounts: PER $1,000 ASSESSMENT Principal/ Year Interest/ Year . Cost/ Year Cost/ Month First Year $67 $60 $127 $13 Second Year $67 $56 $123 $10 Fifteenth Year $67 $4 $71 $6 7 Revenue Source A summary of revenue sources (for both assessment methods) is listed below: Project Property City Cost Assessment Contribution Alternative 1 $132,980 $132,980 -0- Alternative 2 $139,480 $139,480 -0- Utility Service $14,780 $14,780 -0- Concrete Entrance Aprons $12,870 $12,870 -0- While not specifically listed under City Contribution, assessment costs allocated for Thresher Fields would be the responsibility of funding sources from the City Parks & Recreation Department. S 8 Project Schedule Present Draft Feasibility Report to City Council/ Order Public Hearing ..............................................................April 15, 2003 Public Hearing May 20, 2003 Approve Plans and Specifications ...................................................................June 17, 2003 Award Contract ................................................................................July 15, 2003 Project Completion October, 2003 Final Cost Report October, 2003 Final Assessment Hearing Fall, 2003 First Payment Due with Property Tax Statement .....................................May 15, 2004 9 Appendix A Preliminary Cost Estimate Borchert Lane Street & Storm Sewer Improvements - City Project No. 884 1. Alternative 1 - Street & Storm Sewer Improvements within Existing RIW Est. Unit Est. Item Unit Qty- Price Cost Mobilization L.S. 1 $5,000.00 $ 5.00 Remove Chain Link Fence L.F. 100 $10.00 $ 1,000, Salvage Existing Riprap Material C.Y 150 $5.00 $ 75 Common Excavation C.Y. 900 $5.00 $ 4,50 Aggregate Base, Class V (8") Ton 1,100 $9.00 $ 9,90 B618 Concrete Curb & Gutter L.F. 1,500 $8.00 $ 12,000, ,Type 31 Base Course Mixture (3") Ton 450 $35.00 $ 15,75 Type 41 Wear Course Mixture (1-1/2") Ton 225 $40.00 $ 9,00 Bituminous Material for Tack Coat Gal. 125 $2.00 $ 25 Adjust Valve Box Each 2 $150.00 $ 30 Adjust Frame & Ring Casting (Manhole) Each 2 $400.00 $ 80 Traffic Control L.S. 1 $1,000.00 $ 1,00 Catch Basin Each 1 $1,500.00 $ 1,50 Catch Basin Manhole Each 2 $2,000.00 $ 4,00 Clear & Grub Tree Tree 20 $200.00 $ 4,00 115" RC Pie L.F. 225 $30.00 $ 6.75 15" Flared End Section Each 1 $1,000.00 $ 1,00 Silt Fence L.F. 750 $3.00 $ 2,25 Seeding Acre 1 $2,000.00 $ 2,00 Install Salvaged Rip Rap Material C.Y. 150 $5.00 $ 75 Subtotal $ 82,50 +10%aContin encies $ 8,25 Subtotal $ 90,75 + 30% Indirect Costs $ 27,23 Subtotal $117,98 +Easement Cost * 15.00 TOTAL $132,98 * 5,000 sq. ft. Storm Sewer Easement from Lot 1, Block 1 Borchert Ingersoll I" Addition ~16 II. Alternative 2 - Street & Storm Sewer Improvements Shifted Northeast of Existing R/W Item Est. Unit Est. Unit Qty- Price Cost Mobilization L.S. 1 $5,000.00 $ 5,00 Clear & Grub Tree Each 25 $200.00 $ 5,00 Remove Chain Link Fence L.F. 100 $10.00 $ 1,00 Salvage Existing Ri ra Material C.Y. 150 $5.00 $ 75 Common Excavation C.Y. 1,100 $5.00 $ 5,50 Relocate Hydrant Each 1 $2,000 $ 2,00 B618 Concrete Curb & Gutter L.F. 1,500 $8.00 $ 12,00 Aggregate Base, Class V (8") Ton 1,300 $9.00 $ 11,70 Bituminous Base Course Mixture (3") Ton 450 $35.00 $ 15,75 Bituminous Material for Tack Coat Gal. 125 $2.00 $ 25 Bituminous Wear Course Mixture Ton 225 $40.00 $ 9,00 Adjust Valve Box Each 2 $150.00 $ 30 Adjust Frame & Ring Casting (Manhole) Each 2 $400.00 $ 80 Traffic Control L.S. 1 $1,000.00 $ 1,00 Catch Basin Each 1 $1,500.00 $ 1,50 Catch Basin Manhole Each 1 $2,000.00 $ 2,00 15" RC Pie L.F. 225 $30.00 $ 6,75 15" Flared End Section Each 1 $1,000.00 $ 1,00 Install Salvaged Rip Rap Material C.Y. 150 $5.00 $ 75 Silt Fence L.F. 750 $3.00 $ 2,25 Seeding Acre 1 $2,000.00 $ 2,00 Install Salvaged Rip Rap Material C.Y. 150 $5.00 75 Subtotal $ 87,05 +10% Contingencies $ 8,70 Subtotal $ 95,75 + 30% Indirect Costs $ 28,73 Subtotal $ 124,48 + Right-of-way * 15,000 TOTAL $139,48 * Acquisition Cost from Lot 5, Block 2, ECIP No. 4 Only III. Utility Service - Lot 1, Block 1 Borchert Ingersoll I" Addition Item Est. Unit Est. Unit Qty- Price Cost 6" Service Tap into Ex. 12" RCP Each 1 $1,000.00 $ 1,00 6" PVC, SDR 26 Sewer Service Pie L.F. 40 $40.00 $ 1,60 12" x 6" Wet Tap w/ Gate Valve Each 1 $3,000.00 $ 3,00 6" DIP, Cl. 52 Water Service Pie L.F. 70 $40.00 $ 2.80 Subtotal $ 8,40 +10% Contingencies $ 84 Subtotal $ 9,24 + 30%. Indirect Costs $ 2,77 Subtotal $12,01 TOTAL $14,78 III. Concrete Entrance Aprons Item Est. Unit Est. Unit t Y. Price Cost 7" Concrete Entrance Apron S.Y. 225 $40.00 $ 9,00 Subtotal $ 9.00 +10% Contingencies S 90 Subtotal $ 9,90 + 30% Indirect Costs $ 2.97 TOTAL $12,87 Appendix B Preliminary Assessment Roll Borchert Lane Street Improvements City Project No. 884 1. Front Footage Assessment Method With Alternative 1 Construction Front Rate Total Utility Concrete Total Parcel P.I.N. Footage Per FF Street Service Entrance Assmt Eagandale Center Ind. Park No. 4 Block 2 Lot 5 10-22503- 3160 Mike Collins Drive 050-02 323 $71.30 $23,030 $4,290 $27,320 Borchert Ingersoll 1" Addition Block 1 { 10-14700- Lot 1, No Address 010-01 375 $71.30 26,740 14,780 4,290 $45,810 10-14700- Lot 1. No Address 011-01 350 $71.30 25,000 $25,000 Block 2 10-14700- Lot 1, 3275 Dodd Road 010-02 444 $71.30 31,660 4,290 $35,950 Thresher Fields (Outlot Gopher Eagan Ind. Park 3rd 10-30602- No Address 010-00 373* $71.30 26,600 $26,600 Totals 1,865 $132,980 $17,780 $12,870 $160,720 Thresher Field Front Footage calculated as average of 4 other assessable property front footages: 1,492/ 4 = 373' II. Front Footage Assessment Method With Alternative 2 Construction Front Rate Total Utility Concrete Total Parcel P.I.N. Footage Per FF Street Service Entrance Assmt Eagandale Center Ind. Park No. 4 Block 2 Lot 5 10-22503- 3160 Mike Collins Drive 050-02 323 $74.80 $24,160 $4,290 $28,450 Borchert Ingersoll 1" Addition Block 1 10-14700- Lot 1, No Address 010-01 375 $74.80 $28,050 $14,780 $4,290 $47,120 10-14700- Lot 1, No Address 011-01 350 $74.80 $26,180 $26,180 Block 2 10-14700- Lot 1, 3275 Dodd Road 010-02 444 $74.80 $33,210 $4,290 $37,500 Thresher Fields (Outlot Gopher Eaean Ind. Park 3rd 10-30602- No Address 010-00 373* $74.80 $27,900 $27,900 Totals 1,865 $139,480 $14,780 $12,870 $167,130 * Thresher Field Front Footage calculated as average of 4 other assessable property front footages: 1,492/ 4 = 373' ~v aortwr Q ~ 7 S RvN ~ ~ 1 cQ ~'yltiy ~ F~ Project Location Tom/ ` LONE OAK ROAD / J m 3 CLUBVIEW DR. APOLLO AD TR Nk (f/~ U Mtiy Q O GEMINI RD. y CHAPEL. LN. O z Z j ?C BUR OAKS J ALDRIN R. PARK THRESHERS D V FIELDS ROAD w YAN k YANKEE DOODLE RD. RD. o ~ CAJWE HL1S S GOLF COURSE N~ N~ OPPERWw DR JL v~ DR. WESCOTT STATION PARK Q a / Feb. 28, 03 C:John_G Fi _1_LOC Borchert Lane Location Map Fig.1 City d Eagan City Project No. 884 C. P. RAI --l , N, I l BORCHERT LN. / co / w o Quo 5 tk 5~~~eP~Q~°~e ~e t7~ mac G`~ I \ V / / ` 11 ' I \ V - J' .cam \ ~ \ LJ:1 ; \ 1 14 1.:. .^1l^4. 1 \ Pond EP-2 - - I ! POND / Field THRESHERS FIELDS ( Improvements in 2003 Q n Scale : 1"=200, 6 3 Mar. 17, 03 Borchert Lane Street Improvements Fig. 26 Alternative 2 City of Eagan City Project No. 884 C coa a c Q I I ~ a`~ ~9l 1 1 cm sus Lot 5, Blk 2 10-22503-050-02 (2.2 Acres) INN Lot 2, 81k 1 Exist. Street 10-14700-010-02 .0' cyF _ Borchert-Ingersoll Inc. 1st Add. (10.3 Acres) AJ Borchert-Ingersoll Inc. A9 1st Add Lot Blk ~9• ~X (0.9 Pcres) 1` (38.7 Acres) 10-14700-010-01 4?00'011 0 0 1 (373.0' Front .g Acres) 10-14100- (7 THRESHERS Footage Equivalent) FIELDS Q SCALE: 1' = 200' h f C:John_G 80RCHERT-- SSESS C((/// May 15, ~3 Borchert Lane Assessment Map Rev. City Project No. 884 Rev. City of Eagan Agenda Information Memo May 20, 2003 Eagan City Council B. VARIANCE - WALTER JUREK ACTION TO BE CONSIDERED: To approve an 11-foot Variance to the minimum 30-foot structure setback from a public right- or-way for a garage addition on property located at 949 Waterford Drive West, legally described as Lot 6, Block 2, Wedgwood First Addition, in the SW '/4 of Section 26. FACTS: • The applicant would like to construct a 14 foot by 24 foot (336 square feet) garage addition 19 feet from the front property line. The proposed addition would be outside of the utility easement and satisfies the 20% maximum lot coverage standard. • The lot is on the interior of the curve of Waterford Drive and the easterly 20 feet of the property contains a 20-foot utility easement. • The Zoning Ordinance requires a 30 foot setback for buildings abutting public rights-of-way. • The elevation plan indicates the proposed addition would blend with the existing architecture and materials of the home. • The applicant's estimate of hardship is the configuration of the lot, the placement of the house on it, and the 20-foot utility easement on the east side of the yard. ISSUES: • Nearly all of the properties within 200 feet also have an attached two-stall garage, so relief from the Zoning Ordinance would allow the applicant the privilege of a three-stall garage that other properties within the vicinity may be denied. • The curvature of the street along the front of the lot, and the larger than standard 20-foot side yard utility easement are unique conditions that do not apply generally to other single-family lots. • The similarly situated lot within this neighborhood was granted a similar setback Variance in 2001. • The applicant has submitted letters signed by almost all of the property owners within 200 feet stating their understanding of the proposal and support of the project. ATTACHMENTS (1): Variance Report, pages & through 6s PLANNING REPORT CITY OF EAGAN REPORT DATE: May 14, 2003 CASE: 26-VA-05-05-03 APPLICANT: Walter Jurek HEARING DATE: May 20, 2003 PROPERTY OWNER: Walter Jurek APPLICATION DATE: May 1, 2003 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 949 Waterford Drive West COMPREHENSIVE PLAN: LD, Low Density ZONING: PD, Planned Development SUMMARY OF REOUEST Walter Jurek is requesting an 11-foot Variance to the minimum 30-foot setback from a public right-of-way for a garage addition at 949 Waterford Drive West, legally described as Lot 6, Block 2, Wedgwood First Addition, in the SW 1/4 of Section 26. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. 50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control, b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report - Walter Jurek May 20, 2003 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code requires a minimum structure setback of 30 feet from the public right-of-way. BACKGROUND/HISTORY Wedgewood 151 Addition is part of the Lexington South Planned Development. The Lexington South PD was established in 1976 and consisted of over 1,000 acres providing for various types of housing, commercial, park and church uses. Wedgewood I" Addition was platted in 1980 and consisted of 85 single-family lots, many of which deviate from the R-1 (Residential Single Family) minimum lot size of 12,000 square feet and/or lot width of 85 feet. The subject lot was platted in 1980. It is 12,850 square feet in area, with a lot width exceeding 85 feet. A single-family home with an attached two-stall garage was constructed on the lot in 1983. EXISTING CONDITIONS The lot is on the interior of the curve of Waterford Drive. The public right-of way extends along both the west and south sides of the property. The existing home is situated at an angle with the f a front facing the curve in Waterford Drive. The closest points are 30 feet between the existing home and the front property line. The easterly 20 feet of the property contains a 20-foot utility easement. EVALUATION OF REQUEST Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. Proposal - The applicant is proposing to construct a garage addition. The proposed addition is 14 feet wide by 24 feet deep (336 sq. ft.) Since the front corner of the existing garage is set back the minimum 30 feet, the addition will encroach into the required front yard setback by 11 feet, 67 Planning Report - Walter Jurek May 20, 2003 Page 3 The lot size is 12,850 square feet. The existing home and attached garage occupy 2,204 square feet, 17.2% of the lot area. The proposed addition is 336 square feet in area, resulting in a total building coverage of 2,570 square feet, or 20% of the lot area. This is the maximum building coverage allowed by City Code. y~ The garage addition would be 32 feet off the curb at its _J~ closest point, and the addition would not obstruct visibility along the street. The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. The proposed addition would be finished with exterior materials (siding, roof shingles, soffits, etc.) to match the existing structure. The applicant has also indicated that a new driveway would be installed. Evaluation - A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 3Td stall garage addition. The property has the same use as similar properties in the vicinity, a single-family dwelling and attached two-stall garage. Consequently, relief from the Zoning Ordinance would allow the applicant to have a privilege that other properties within the vicinity may be denied. However, the lot configuration is unique and the placement of the existing house and presence of a larger than typical easement along the side yard limit options for expansion. The one lot similarly situated inside a curve in the street in this neighborhood was granted a similar setback Variance in 2001 for a third-stall garage addition. APPLICANT'S ESTIMATE OF HARDSHIP The Jurek's have three drivers in the household, and consequently, three vehicles to store. It is their preference to park the vehicles inside the garage rather than on the driveway or on the street. The applicant's narrative states that in addition to vehicle storage, the garage houses a workbench, yard and recreational equipment, firewood and seasonal decorations. The narrative also indicates that the configuration of the lot inside the curve of the street and the placement and orientation of the home on the lot limit options for placement of the addition. The presence of the 20-foot easement along the east side of the property further restricts structure placement on the property. The applicant states that storage of vehicles inside a building is preferable to storage outside, and that the addition will improve the property and enhance the neighborhood. The applicant also submitted letters signed by almost all of the property owners within 200 feet stating their understanding of the proposal and support of the project. 0/8', Planning Report - Walter Jurek May 20, 2003 Page 4 SUMMARY/CONCLUSION The applicant is requesting a setback Variance for the construction of a garage addition. A single family dwelling with a two-stall garage is present on the site. The applicant has indicated that the alleged hardship is the configuration of the lot, the placement of the house on it, and the 20-foot utility easement on the east side of the yard. While the curvature of the street along the front of the lot, and the larger than standard 20-foot side yard utility easement are unique conditions that do not apply generally to other single-family lots, nearly all of the properties within 200 feet also have an attached two-stall garage, so relief from the Zoning Ordinance would allow the applicant the privilege of a three-stall garage that other properties within the vicinity may be denied. However, similar setback variances for third-stall garage additions elsewhere in the City have been granted on corner lots, or lots with double or triple street frontages generally, which impose greater setback restrictions on the property. The City granted a similar setback Variance for a similarly situated lot within this neighborhood in 2001. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a Variance of 11 feet to the required 30-foot minimum structure setback from a public right-of-way for a garage addition at 949 Waterford Drive West, legally described as Lot 6, Block 2, Wedgwood First Addition, in the SW '/4 of Section 26. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the garage addition shall match those on the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. Eagan Boundary Centerline rea ar Area Location Map ~:arfeel A Building Footprint ZIT\I -4 4- Mr - - iSub-ect Sits J c M1~ 1000 0 1000 2000 Feet Development/Developer: Walter Jurek Application: Variance Case No.: 26-VA-05-05-03 Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N J-r, by Dakota County Office of GIS and is current as of February 2003. THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are s Community Devropment Departnsnt not responsible for errors or omissions. N` Id 311S j 0 to s-Zel N zz - _ - I 00 Z z z J g¢aww v arm o~~ ~Sa a- o, M M 2 2 z _ y o PaLI:xxw Z N M C V) HaQa¢a r." tel. 1 ~ CiJa`w 7~Y ° o-.a ~ \ ~ ~ t N v 9NLL - \11 \ M ~ \ ~ ~ I. 1 pop Q Wig 0 Q ~ o N o z o< ~WL o wo C~~ _ U U) O L- UJ W F... 3: z oZ Q H Q C WZ = Ou=i= H ~D C) w rnW Q cavn°o ~Q N 3. 5 °o U NVId HOO-ld 0 - PI I 1 1 W g p d W o< p 1 ~ e~ M1 WWd , i < i Iii f ~ I lu j - ~ z II LL J T ~ Z Q V J 1 lL O Q / LL II \ 000 1 Y W 4 tt ~ Tpp µp~ I ~ O 1~ . YS•' y I L6 o i t .fig W _s b q ti, s ~ 3 y ao> ~ _ : ~ ~ Y o SNOUVA3~3 HV38/301S i I El I I x 1 W E3 !lil'lli ;~'lih, I li lip o j z - O j II ' f I, ' I I ~ LLJ -j w I I I I is I Q l i I f j l W W -2 I'. I' I i i t I~ _ x W w W rc ~ m ~ 9 ozk~ =n ((ff 16 g o £ 3a NOlldn3-13 iNOH.J 7', 7 1 71 I~ I I I I I ,I ~ I ~ lil 'i ' ; ~ I ~ ff i I'Il ~ ~ I ! o I~ ~ I ~ I ~ I W jl Ili III T U 7-1 I I x v I ~ J i J W H ail J L~J P Hardship Variance for the Building of a 3rd Stall Garage Addition Walter S and Teresa E Jurek 949 Waterford Dr W Eagan, MN 55123-1985 (651) 452-8833 email: jureks~email.msn.com Hardship Criteria • Our house sits on the inside curve of Waterford Drive West. This lot configuration causes the street to wrap around two-thirds of our property. • Unique configuration (shape) of lot provides limited options for placement of addition. Existing house was placed at minimum required distance although lot provided greater flexibility. • The area of concern is the setback from the property boundary. Our existing garage corner is 30 feet from our property line (approximately 55' from the curb, at the closest point). • The new garage would bring the closest point of the garage to 19' from our property line (32' from the curb). • Road and property line curvature leaves a large amount of unusable space with very limited options for placement of proposed garage addition with 30 feet setback requirement. • Electrical easement on east boundary of property (20 feet) removes any option to alter garage addition design. • Nearest point of garage addition to house structure on east side of lot is approximately 90'. • Shaded area on lot survey indicates proposed garage addition and area of concern. t Household Space Needs • Our household consists of two adults and two sons (ages 12 and 16). The oldest son is driving and has his own car. It is our preference to store the car in garage rather than the driveway or street parking. • The existing double garage space is filled to the maximum and provides storage for the following large items: - A Chevy Astro Van and a Ford Taurus presently parked in the garage. Ford Explorer (Son's car) currently parked in driveway - Work bench, large, multi-drawer tool cabinet, table saw - Riding lawn mower, snow blower - Fire wood stack approximately 6' X 6' during winter - 6 bicycles, 1 dirt bike, 1 mini-bil=e - Wheel barrel - Recreational equipment (camping, skies, snow boards, fishing, hiking, golf clubs. croquet set etc) - Extension ladder, step ladder, expansion plank - Holiday decorations (interior and exterior decorations, Christmas Tree etc) Enhancement to the Neighborhood If the garage addition were built, the following would occur: • Garage addition would hide a portion of the power tower from view from the street. • The current asphalt driveway would be replaced with new. • Masonite siding would match existing garage and house. • Siding would be painted to match existing garage and house (both painted in '01). • Maintenance-free sofits would be installed to match existing garage and house. • 9' garage door design would match existing garage door (replaced '02). • New roof would match existing garage and house (replaced '01). • Landscaping around new garage would be a mixture of perennial flowers and shrubs. • New exterior lighting installed for existing and new garage. • New garage window • New gutters to match existing on house Note: I have conducted a survey with my neighbors listed on the mailing list. A majority indicated that if they had available space on their property and of course money, they would also build a garage addition. 96 Proposed Time Frame for Construction June • Footing and foundation • Framing of garage • Exterior window installed • Roofing installed • Siding installed • Garage floor poured • Garage door installed June/July • Install sofits • Install gutters • Paint siding • Landscaping • Replacement of driveway asphalt 111~119 Agenda Information Memo May 20, 2003, Eagan City Council VI. OLD BUSINESS A. INTERIM USE PERMIT - PETER LUND (ROAD EQUIPMENT PARTS CENTER) ACTION TO BE CONSIDERED: To approve an Interim Use Permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the in the SE of Section 11 and SW '/4 of Section 12, subject to the conditions, as modified. OR To deny an Interim Use Permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the in the SE'/4 of Section I I and SW '/4 of Section 12. FACTS: This item has been continued several times to allow additional review and discussions. On Monday, May 12, 2003, a Special Committee of the City Council (Members Carlson Tilley) met with Mr. Lund and staff to discuss the situation. The group acknowledged that storage has occurred on the property for many years without the benefit of a permit, that outdoor storage was not the `highest and best' use for the property, that a clear end date to the storage was needed, that there was a need to get the site erosion controlled, the site re-graded, and the establishment of an acceptable surface cover in order to address Dakota County Environmental Services requirement that closure of the site be obtained because it was part of a construction debris landfill in the 1970s. It was the consensus of the Special Committee that the IUP request should move forward, that consideration be given to the amount of investment by the applicant for a short-term use. and that the permit should expire on August 1, 2004. As such, the original conditions contained in the January 28, 2003 APC minutes and a modified set of conditions of approval are attached for your review. The Special Committee believes the following points justify the modified conditions of approval: o The city is initiating the public purpose, (the park-athletic fields), causing the assessable improvements and promoting the current use on the Lund property to change. o The property owner has agreed that the current use (trailer storage) will cease on the termination date of the IUP. 90, o The property owner has agreed to not re-apply for the IUP at the end of the term. o The current use has taken place for several years; the City is allowing time for the property owner to determine the transition of the property to the highest and best use. Both the Advisory Planning Commission and Advisory Parks and Recreation 10, Commission have recommended approval of the Interim Use Permit. ISSUES: A revised site plan should be required to provide aisles within the storage area for maneuvering and access to the interior trailers and to allow emergency vehicle access. ATTACHMENTS (3): Suggested conditions of approval, page g~ January 28, 2003, APC Minutes, pages !FL through. Staff report, pages throughQ$ . ~9 In light of the City Council Special Committee discussions held on Monday, May 12, 2003, staff is suggesting the following conditions of approval be considered: 1. This Interim Use Permit shall allow outside storage of up to 30 semi trailers and/or prefabricated modular storage units. 2. This Interim Use Permit shall terminate on August 1, 2004. 3. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The applicant shall submit a revised site plan for trailer storage that provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire Marshal/Fire Chief and Planner. 5. No additional uses will take place on the property during the term of the IUP. 6. The property owner will work with the City should some trailers need to be moved/rearranged for road construction. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. Upon removal of the trailer storage on August 1, 2004, the owner shall obtain a Grading Permit. The grading of the area is required to direct storm drainage. A grass swale shall be constructed to divert storm drainage away from the existing steep slope and reduce any further potential of slope erosion. This work shall be completed between August 1 and December 31, 2004. L City of Eagan Advisory Planning Commission Meeting Minutes January 28, 2003 Page 4 IV. PUBLIC HEARINGS A. INTERIM USE PERMIT - ROAD EQUIPMENT PARTS CENTER An Interim Use Permit to allow outdoor storage on Pt of Lot 1. Block 1. Lying in Sec. 11 & 12 Borchert Ingersoll, Inc. I51 Addition, lying west of 3275 Dodd Road in the SE 1/4 of Section 11. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 23, 2003. She noted the background and history. Applicant Peter Lund asked that the Interim Use Permit expire in 36 months. rather than 18 months as listed in the conditions. He stated preference of condition 8b. He would also like to use the recycled asphalt for the resurfacing material. He explained that many of the neighboring property owners are not required to adhere to the same setbacks. He asked that he not be obliuated to landscape the property until the park is completed. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Chair Huusko asked Staff if the neighboring properties' setbacks were in place before the setback requirement was established in the ordinance. Planner Dudziak stated she is not sure which neighbors the applicant is referring to. however they were most likely in place before the park was established and therefore, evaluated based on the previous industrial zoning of that property. Member Gladhill stated the 18-month term of the interim use is appropriate. He stated once the park is completed, it would no longer be an appropriate use. He stated the number of semi-trailers does not need to be established due to the wording of condition five. He stated approval of the request to use recycled asphalt. He suggested an additional condition requiring an application for a Conditional Use Permit on the adjacent property. He recommended approval with the amended conditions. Chair Huusko stated concern that the outdoor storage limits in the area are not consistent. He stated agreement with Member Gladhill. 8/ City of Eagan Advisory Planning Commission Meeting Minutes January 28, 2003 Page 5 Member Heyl agreed with Member Gladhill except for the recommendation for the additional condition requiring a CUP application on the adjacent property. City Attorney Bob Bauer stated the Interim Use application on the subject site is appropriate. He explained that requiring a Conditional Use Permit application on a separate parcel is not appropriate. He suggested that a maximum number of trailers be established in condition number one. Senior Planner Ridley explained that a City Council member had expressed interest that the Advisory Parks Commission review the request. Member Miller suggested an interim period of 12 months, rather than 19 months as stated in condition number two. Member Hey] moved, Member Bendt seconded a motion to approve an Interim Use Permit to allow outdoor storage on Pt of Lot 1, Block 1. Lying in Sec. 11 12 Borchert Ingersoll, Inc. I" Addition, lying west of 3275 Dodd Road in the SE '/4 of Section 11 subject to the following conditions as amended: 1. This Interim Use Permit shall allow outside storage of up to 30 semi trailers and/or prefabricated modular storage units. 2. This Interim Use Permit shall terminate on August 4, 2004 (18 months). 3. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. The applicant shall submit a revised site plan for trailer storage that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire Marshal/Fire Chief and Planner. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this Fa~' City of Eagan Advisory Planning Commission Meeting Minutes January 28, 2003 Page 6 grading work shall be prepared and signed by a registered professional engineer. 7. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 8. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. If the material is determined to be inadequate. the City will require that it be replaced with bituminous asphalt. 9. All parking and storage areas shall be properly maintained to prevent deterioration. Member Steininger stated agreement with the applicant. He explained that the City decided to make a park; therefore the applicant is forced to change his property. He stated preference that the applicant be allowed 36 months as requested rather than the 18 months stated in condition number two. Member Miller explained that with the 18-month allowance, the City would have the opportunity to address screening upon expiration and renewal of the permit. He mentioned that the property has had problems with run off in the past. ChairHuusko stated agreement with Members Heyl and Gladhill. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 23, 2003 CASE: l l-D, -04-10-0_ APPLICANT: Peter Lund, Road Equipment HEARING DATE: January28, 2003 Parts Center PROPERTY OWNER: Peter Lund APPLICATION DATE: Dec. 18, 2002 REQUEST: Interim Use Permit PREPARED BY: Pamela Dudziak LOCATION: Southeast of Mike Collins Drive and Borchert Lane COMPREHENSIVE PLAN: DtiD, Limited Industrial ZONING: 1- 1, Limited Industrial SUINIARY OF REQUEST Peter Lund is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers and prefabricated modular buildings. The subject property is located at the southeast comer of Mike Collins Drive and Borchert Lane in the SE 1V4 of Section 11 and SW 1/4' of Section 12. legally described as Lot 1, Block 1, Borchert-Ingersoll Inc. I" Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.0, Subdivision 6 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk performance standards of the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and U Planning Report - Peter Lund January 28, 2003 Page 2 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Planning Report - Peter Lund January 23, 2003 Page 3 BACKGROUND/HISTORY The property was platted in 1975. A review of aerial photos show a history of trailer storage on this property dating back to 1985 or earlier, though there is no record of a conditional use permit for such outside storage on this site. The current outside storage on this site is accessory to the business operations on the adjacent property to the east (3275 Dodd Road), which is occupied by Road Equipment Parts Center. Road Equipment Parts Center provides parts and service for commercial vehicles "to maintain to original equipment's standards any commercial vehicle or trailer that their customers may own," and "much of the work involves the brakes and suspensions of trucks and trailers." According to the applicant, "all of the companies that have occupied the building since the late 1970s have had service departments which have worked on commercial vehicles." This site was part of a construction debris landfill during the 1970s. As such, Dakota County Environmental Services requires closure of the site, which involves clean-up of any debris along the edge of the pond, grading, and establishment of acceptable ground cover. Therefore, the proposed site and grading/draining plan have been forwarded to Dakota County Environmental Services for review and comment. City staff was made aware of the existing trailer storage in the summer of 2002, when staff was called to the property by Dakota County Environmental Services to discuss closure of the site. EXISTING CONDITIONS The site is currently vacant and relatively flat on the upland areas. Prefabricated modular buildings are currently being stored on the site. The westerly part of the site contains part of a pond with steep slopes along the banks of the pond. To the east is another industrial parcel, occupied by the applicant, Road Equipment Parts Center. The adjacent property to the south is owned by the City and guided P, Park, and development of athletic fields is anticipated to begin on the park site in Spring, 2003. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Industrial I-1, Limited Industrial IND, Limited Industrial South Vacant P, Park P, Park East Industrial I-,l Limited Industrial IND, Limited Industrial West Vacant Right-of-way; I-1, Limited IND, Limited Industrial Industrial CF(Z;l Planning Report - Peter Lund January 23, 2003 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed use appears compatible with the surrounding area in the short term. Aside from the future park, surrounding properties are zoned the same as the subject site, I-1, Limited Industrial. The site is also relatively isolated, visibly, exposed only to the adjacent Road Equipment Parts Center, for which the outdoor trailer storage is proposed, and the North Fields park property, which is currently vacant and unimproved. The site is also well-screened from 'dike Collins Drive by existing trees around the pond. As the City makes improvements to North Fields park, however, the compatibility of this interim use with surrounding development should be reevaluated. Construction on the North Fields athletic fields complex is anticipated to begin in 2003, with the expectation that the fields may be ready for use in the fall of 2004. Site Plan - The proposed site plan shows the relatively flat upland area of the site adjacent to the Borchert Lane right-of-way as trailer storage. Surfacing is proposed to be recycled bituminous aggregate. Grading of the area will be required to direct storm drainage and prepare the site for the trailer storage. The arrangement of the trailers shown on the site plan maximizes the number of trailers (51), but leaves no access to trailers in the center or west edge of the site. The Fire Marshal/Fire Chief has indicated that access must be provided to all of the trailers. In addition, the site plan shotivs setbacks that are less than required in the I-1 zoning district for outdoor storage. The site plan sho,,vs a 20-foot setback from the Borchert Lane right-of-way, and a ten-foot setback from the south property line adjacent to park property. Minimum required setbacks are 40 feet and 50 feet respectively. Therefore, the applicant should submit a revised site plan that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the City Fire Marshal/Fire Chief and Planner. Landscaping - No landscaping is proposed at this time. Since this is an interim use and changes are anticipated on the adjacent park property in the near future, landscaping improvements were not proposed. Landscaping can be reviewed after the park and street improvements are implemented, upon application for renewal of this permit. Grading - The existing grades generally slope toward the west side of the site. The applicant is proposing to construct and/ or maintain the storage areas with a recycled asphalt aggregate gravel surface. The applicant is not proposing to construct the perimeter of the outdoor storage areas with concrete curb and gutter. City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. C~ Planning Report - Peter Lund January 28. 2003 Page 5 Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas, generally under conditional use permits. Those permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. The applicant should be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage - Storm water runoff from the site will drain overland via a constructed grass swale to the northwest toward Pond EP-2. The construction of the swale is to divert storm drainage away from the existing steep slope, and reduce the further potential erosion of that slope, directly above Pond EP-2. City staff will review the area for any new erosion that the drainage swale may create. If so, the applicant should implement measures to mitigate that erosion. Wetlands/Water Oualitv - The site is located in the E-watershed and encompasses part of City Pond EP-2, which is currently classified as a Class V Nutrient Trap, according to the Water Quality Management Plan. Pond EP-2 also is officially designated as Public Water Wetland 19- 136W, which means that certain activities within the ordinary high water mark are regulated by the Public Waters Work Permit Program. However, Pond EP-2 has a surface area of approximately 14 acres, and thus could be considered a lake because of its size. It also contains a sport fishery. Stormwater from the development site drains to the lake and then northward to the F-watershed, which drains westerly to the Minnesota River via the storm sewer system along Interstate 494. Due to the size of the site, construction of a stormwater treatment pond is impractical. The developer proposes to construct a vegetated swale along the length of the site to which stormwater will drain and from which runoff will flow to the lake by overland means. Utilities - City sanitary sewer and water main systems are available within Borchert Lane to the east. However, no connections to the systems are proposed with this application. U Planning Report - Peter Lund 3anuarv 23, 2003 Page 6 Access - Access to the site is currently from Borchert Lane, a gravel road within public right-of-way along the east edge the site. Borchert Lane intersects with Mike Collins Drive and also provides access to North Fields, an athletic field complex south of this site being developed by the City Parks and Recreation Department. Tree Preservation - No trees are proposed to be removed with these site improvements. Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City Code Section 11.70 lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure maY be detached from the principal building. No enclosure is proposed at this time. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. There is no building on the site to establish a front yard, however, the storage area is proposed to be located on the eastern portion of the site adjacent to Borchert Lane. The site plan shows a 20-foot setback to the Borchert Lane right-of-way and a 10-foot setback from the south property line. As mentioned previously, the I-1 zoning district requires that outdoor storage areas be set back a minimum of 40 feet from the public right-of-way and 50 feet from park land. Therefore, these setbacks should be reflected on a revised site plan submitted to the City for staff review and approval prior to release of the Interim Use Permit for recording. 3. The outdoor storage area shall be screened from view from the public right-of-wa1. and from any adjacent property which is designated for residential uses in the comprehensh-c guide plan. The outdoor storage area is well-screened from Mike Collins Drive by natural trees and vegetation. No screening is provided from Borchert Lane, however, at present Borchert Lane is an unimproved public right-of-way. It is staff's assessment that because Borchert Lane is utilized only by the applicant's two sites and until the athletic fields in North Park are constructed and open to the public, additional screening measures may be unnecessary for this temporary use. The City could require screening if the interim use permit is renewed once the park property is developed. 4. ' The storage area shall not interfere with any pedestrian or vehicular movement. There is little or no vehicular or pedestrian movement through the site. However, as noted above, sufficient aisles for maneuvering trailers within the site and for emergency access to all of the trailers should be provided and shown on a revised site plan. ~'9 Planning Report - Peter Lund January 28, 2003 Page 7 5. The storage area shall not take up required parking spaces or landscaping areas. The site is undeveloped and contains no parking or landscaping areas to conflict with the proposed storage area. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to surface the storage area with recycled asphalt aggregate. See the section on Grading earlier in this report. Staff has visited the site and found that outside storage is currently occurring on the site and most of the existing storage consists of prefabricated modular buildings designed to be transported over the road. While the outdoor storage can be accommodated through this Interim Use Permit, continued outdoor storage is a violation. of the City's zoning ordinance until the plan and site improvements are implemented in full. Therefore, any trailers currently on the site, whether truck trailers or temporary buildings, should be removed immediately, and may be reestablished on the site only after the required grading and site improvements have been completed. The applicant has been made aware of this, and has indicated that the trailers will be removed upon City approval of a plan, so that the grading can be done. SUMNIARYICONCLUSION Peter Lund is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers on property legally described as Lot 1, Block 1, Borchert-Ingersoll Inc. 152 Addition. The subject site is located at the southeast corner of Mike Collins Drive and Borchert Lane. A revised site plan that show increased setbacks and provides access aisles between rows of trailers must be provided. The applicant is proposing to surface the storage lot with recycled bituminous aggregate rather than bituminous asphalt. No curbing, fences, or landscaping is proposed at this time. We have not yet received comments from Dakota County Environmental Services regarding the acceptability of the proposed plans for grading, drainage and round cover as it pertains to their standards for site closure. We hope to have such comments prior to the City Council meeting. With the adjacent North Fields park anticipated to be operational in the Fall of 2004, staff suggests an 18-month term for this Interim Use Permit. The interim use permit should specify the number of trailers that will be allowed to be stored on the site. It is difficult to identify at this time how many trailers can be accommodated on the site once the setbacks have been increased and the necessary access aisles provided. Once a revised site plan that is acceptable to the Fire Marshal/Fire Chief has been submitted, the maximum number of trailers will be included in the specifications of the interim use permit. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outdoor storage of semi trailers and prefabricated modular buildings on Lot 1, Block 1, Borchert-Ingersoll Inc. 1St Addition, in the SE '/4 of Section 11 and SW `/a of Section 12. 90 Planning Report - Peter Lund January 28, 2003 Page 8 1. This Interim Use Permit shall allow outside storage of semi trailers and/or prefabricated modular buildings. 2. This Interim Use Permit shall terminate on August 4, 2004 (18 months). 3. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. The applicant shall submit a revised site plan for trailer storage that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire MarshaUFire Chief and Planner. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 7. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 8a. The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR 8b. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 9. All parking and storage areas shall be properly maintained to prevent deterioration. 91 /O Eagan Boundary Location Map / Streat Centerline Parcel Area Building Footprint L"'A N7~ i 13 - , - Sub'ect Site 71 f ' A f f d s 3 1000 0 1000 2000 Feet Development/Developer. Peter D. Lund Application: Conditional Use Permit Case No.: 11-IN-0410-02 9a Map Prepar.d using ERSI ArcYNw 7.1.. Panel be" map data provided N by Dakota County Land Survey Deparbnent and is current as of March 2002. City of Eagan / THIS MAP 13 INTENDED FOR REFERENCE USE ONLY w E dt i N N e S C A The City of Eagan and Dakota County do not guarantee the accuracy of this information and an 5 community Dev.lopment Depert,rent not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Peter Lund Land Use Map Case No. 11-IN-04-10-02 mft~ Zoning Map L>~ ro ~ I a I , I.1 P9 ~n D 1.1 Current Zoning: ''•,`N• ro 1•~ S I_~ eJ H1 Limited Industrial wn P si 1.1 I 1.1 1-, P Location II , PD 'f 11 4t P p0 PO ►D foo 0 000 1a00 Pa., ~~„ara weo.a u. Comprehensive Guide Plan as Land Use Map IND IND INO •C I i iD Re IN0 lD / IND ! ® y MD Current Land Use Designation: IND IND IND IND Limited Industrial IND IND Location P ND IN IND et INO IND IND 400 0 000 1200 P.., ►ucN ba ap nrormat Ided by O.N.C. County land survey Department S.ptam0v aoo:. aonln• Inr.rmauon maintained my city start. 401-city of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Deveiopment Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 0000 t LWLUwi NV Id ONICWHO/311S Lill / e . Y ~ y , / ~.yr' ~'rf►fLK~~, ?tom ty~ ~~le•°yr FT~'~--~~- 1, ,r / Y j1FP~. ^a~//~j M;E F /fit. ,.cy' ' / ~ , lei 1-6 t t. ROAD EQUIPMENT PARTS CENTER ROAD EQUIPMENT SERVICE CENTER The company that leases property at 3275 Dodd Road is Project Clarke, LLC. d.b.a. Road Equipment Parts Center. This company was formed in February of this year and bought the assets and assumed the leases of Transportation Components Co. which was one of 18 companies owned by the Houston, TX based TransComUSA. TransComUSA was in chapter 11 bankruptcy when this transaction took place. The property has been owned for industrial purposes by two owners, Borchert-Ingersoll ( a distributor and service center for GM Terex heavy construction equipment) and Peter D Lund. Mr. Lund was the sole stockholder in Transportation Components Co. before it was merged in to TransComUSA. Transportation Components and TransComUSA has always operated a parts distribution warehouse and a service center on this site since 1994. All the companies that have occupied this building since late in the 1970's have had service departments which has worked on commercial vehicles. The company today does service work for over 90 local and national companies. The scope of the work is to maintain to original equipment's standards any commercial vehicle or trailer that their customers may own. Much of the work involves the brakes and suspensions of trucks and trailers. The customers shuttle various vehicles to this property for maintenance work. Most often the vehicles are scheduled for work and are dropped a few days before the scheduled work and picked up a few days after the work is completed. At most times there are between 10 and 15 power units (truck-tractors) and 50 to 60 trailers in the yard. The main activity is between 6:00am and 10:OOpm Monday through Friday. The company is also open for business on Saturday but on a shortened schedule. Agenda Information Memo May 20, 2003 Eagan City Council Meeting B. REVOCATION OF INTERIM USE PERMIT - CITY OF EAGAN ACTION TO BE CONSIDERED: To consider revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on property owned by Mr. Jim Oberg, located south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE 1/4 of Section 36. FACTS: • An Interim Use Permit was approved on October 1, 2002 to allow for outdoor storage in a specific area for four trailers, four pieces of equipment, and 40 pallets for parts storage, subject to conditions. • At the March 4, 2003 City Council meeting, the City Council considered revocation due to the condition of the site in violation of the IUP. Mr. Oberg stated the items on the property would be scrapped and removed from the site by April 1. The council determined that Mr. Oberg be allowed additional time to bring his property into compliance. The council continued consideration of revocation of the Interim Use Permit to the May 6, 2003 City Council meeting. • On April 29, 2003 an inspection of the site was conducted to determine NP compliance and property condition following a citation issued for an unattended fire that occurred on April 19-20, 2003. The fire pit was graded over. Items were stored in the bermed storage area including but not limited to 60-70 pallets of parts, 2 bobcats, 1 backhoe, 4 heavy equipment cabs, 1 heavy equipment trailer, empty pallets, 4-55-gallon drums, a log splitter, a smashed microwave, 2-5 gallon buckets, a lawn swing, heavy equipment plows, 3-5 gallon buckets of used motor fluid, an oil drip pan, a lawn furniture set (table & 5 chairs), 4 bar stools, 4 batteries, a lawn mower, a chest freezer, 20 railroad ties, 2 semi trailers, 1 cargo storage trailer, and a jar of used motor fluid. A pile of burned items was discovered between the lawn mower and tarped pallets of parts that included welding rods and an aerosol can. • On May 5, 2003 an inspection of the site was conducted to determine IUP compliance. The batteries, used motor fluid, and microwave were removed from the property. All other items listed above remained on the property. Treated lumber was discovered in a second fire pit. • At the May 6, 2003 City Council meeting, the City Council considered revocation due to the condition of the site in violation of the IUP. Mr. Oberg was unable to attend the meeting. The council determined that Mr. Oberg be allowed additional ~6 time to bring his property into compliance. The council continued consideration of revocation of the Interim Use Permit to the May 20, 2003 City Council meeting. ATTACHMENTS (1) Minutes from the March 4, 2003 City Council meeting on paged . 9~ Eagan City Council Meeting Minutes March 4, 2003 Page 5 CONSIDER REVOCATION OF INTERIM USE PERMIT - CITY OF EAGAN City Administrator Hedges discussed this item regarding the revocation of an Interim Use Permit issued to Jim Oberg for non-compliance on property located in the SE '/4 of Section 36. Senior Planner Ridley presented pictures of the site, indicating the non-compliance. Mr. Oberg stated the items on the property will be scrapped and removed from the site by April 1. He also discussed future development plans for the property. He requested the Interim Use Permit not be revoked. Mayor Geagan and Councilmembers discussed the issue and concluded that Mr. Oberg be allowed additional time to bring his property into compliance with the City Code and at such time, if the property is not in compliance, action will be taken to revoke the permit. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of revocation of an Interim Use Permit (IUP) issued to Jim Oberg for property located in the SE of Section 36, PID 10-03600-021-79 to the May 6, 2003 City Council meeting. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE Administrator Hedges discussed recommendations made by the Operations Committee regarding the name for the ba hell and the Community Center logo, and Community Center fees, booking recommendati d scheduling prioritie . Communications Di for Garrison made a presentation regarding the propose ommunity Center logo. Councilmember Fields move , Councilmember Tilley seconded a ion to approve the Community Center logo as recommended by the Operations nittee with slight amend t by Council. Aye: 5 Nay: 0 Councilmember Fields moved, Counciln nber Tilley conded a motion to approve a recommendation by the Operations Committee that the bandshell be nam "Th agan Bandshell at Central Park". Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmem Ma ' e seconded a motion to continue consideration of the Community Center fees, booking recommendatio and schedu priorities for further review by the Operations Committee. Aye: 5 Nay: 0 LEGISLAT 'E INTERGOVERNMEN AFFAIRS UPDATE City Administrator Hedge iscussed inviting Eagan's legislation de ation to attend a City Council meeting. It was agreed that invi i g the Legislators to a workshop would be mo roductive than a regular City Council meeting. Councilmember illey moved, Councilmember Fields seconded a motion to set City Council workshop for March 18, 2003 at . 0 p.m. ADMINISTRATIVE AGENDA PROJECT 868, COACHMAN WATER TREATMENT PLANT P lic Works Director Colbert discussed the need for initiation of Quick Take Eminent Domai or 3.7 acres of nd from Blue Cross Blue Shield adjacent to the Water Treatment Facility located on Coachman ad. Councilmember Tilley moved, Councilmember Carlson seconded a motion to authorize the acquisitio f a 3.7 cre portion of Parcel 10-01600-011-30 by Quick Take Eminent Domain. Aye: 5 Nay: 0 9800, Agenda Information Memo May 20, 2003, Eagan City Council Meeting C. PRELIMINARY SUBDVISION (RIVER RUN ADDITION) ACTIONS TO BE CONSIDERED: To approve a Preliminary Subdivision to create two single family residential lots and a Variance of 38 feet to the required 50 foot right of way setback for the existing house located at 2987 Pilot Knob Road; subject to the conditions in the APC minutes. FACTS: • The proposed subdivision creates an additional single family lot that will be available for development. The other light is already developed with a single family home. • The subject parcel is Lot 2 of Zehnder Acres. • This item was heard before a public hearing at the Advisory Planning Commission meeting on April 22, 2003, the APC recommended approval, subject to conditions. • This item was heard before the City Council on May 6, 2003 and was continued to May 20, 2003. ISSUES: • The subject property falls within Noise Zone 4 of the noise policy contours for Eagan. Within this area, infill single family residential development is conditional. The Council will need to make the acceptable findings listed in the staff report in order to approve the proposal. • The driveway access shown on the preliminary site plan is not acceptable. The plans indicate a shared driveway via Pilot Knob Road and a portion of the individual driveways for each lot (before they are combined) is shown to lie within Pilot Knob right-of-way. Dakota County Plat Commission has indicated that the construction of any portion of an individual driveway within the right-of-way will not be allowed. • Dedication of the additional right-of-way for Pilot Knob will result in a 12 foot setback for the existing house. • The Citv Council directed the applicant to reconfigure the driveway and present those changes at the next City Council meeting on May 20, 2003. ATTACHMENTS (3): May 6, 2003 City Council Minutes page (s)/O/Dl Advisory Planning Commission Minutes page(s) Planning Staff Report pages/6ythroughl/L ?9 Eagan City Council Meeting Minutes May 6, 2003 Page 5 1. The American Red Cross is limited to four blood mobiles that are 40 feet in length, 15 trucks that re 32 feet in length, 30 vans and 49 cars for outdoor storage associated with this Interim Use Permit. 2. Midwest Special Services is limited to eight vans for outdoor storage associated with the IUP. 3. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked / modified if parking becomes problematic or for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City council with all interested parties being given an opportunity to be heard. 4. The IUP shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 5. The IUP shall terminate on May 6, 2005. 6. The outdoor storage shall occur in the designated storage areas as indicated on the site plan. 7. All vehicles shall be properly licensed and roadworthy. REZONING AND FINAL PLAT (CHILDREN'S THERAPY ADDITION) City Administrator Hedges introduced this item regarding a Rezoning from T, Transitional to NB, Neighborhood Business and a Final Plat (Children's Therapy Addition)to create one lot located at the 2700 block of Pilot Knob Road. Senior Planner Ridley gave a staff report, noting a revision to condition number seven listed in the Advisory Planning Commission minutes. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Rezoning from T, 03-34 Transitional to NB, Neighborhood Business and a Final Plat (Children's Therapy Addition) to create one lot located at the 2700 Block Pilot Knob Road in the NE of Section 4 subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 2, 3, C1, 2, D1, E1 2. The property shall be platted. 3. Green space coverage and building coverage shall be shown on plans submitted for building permit. 4. Certified landscape plan shall be submitted with building permit. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of DNL. 6. The developer shall acquire all necessary Dakota County Transportation Department permits for access and work within the right-of-way prior to building permit approval. 7. The final plat for this development should dedicate restricted access onto Pilot Knob Road. 8. A tree preservation plan will be required at the time of building permit application. 9. All standard building and parking setbacks shall be met. PRELIMINARY SUBDIVISION (RIVER RUN ADDITION) City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single family lots and a variance of 38 feet to the required 50 foot right-of-way setback for the existing house located at 2987 Pilot Knob Road. Senior Planner Ridley gave a staff report. Kim Knutson, River Run Properties, discussed the proposed subdivision, detailing issues related to access from Pilot Knob Road Councilmembers discussed possible solutions to the access/driveway issues. It was agreed that the applicant should discuss possible options with Dakota County and that a letter of support be sent from the City. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Preliminary Subdivision (River Run Addition) to create two single family lots, and a Variance of 38 feet to the /010 Eagan City Council Meeting Minutes May 6, 2003 Page 6 required 50 foot right-of-way setback for the existing house located at 2987 Pilot Knob Road to May 20, 2003. Aye: 5 Nay:0 James Oslund, 2997 Pilot Knob Road expressed concern regarding drainage onto his property if the driveway is constructed as discussed by Council. Mayor Geagan suggested that Mr. Oslund and the applicant meet to discuss Mr. Oslund's concerns prior to the May 20t' Council meeting. COMMUNITY CENTER UPDATE City Administrator Hedges discussed current activity at the Community Center. ADMINISTRATIVE AGENDA Community Development Block Grant Transfer Money to Youth Development City Administrator Hedges stated that determination had been made that ineligible CDBG funds had been previously allocated for programming at the Community Center. He suggested that the resulting $11,000 in CDBG funding be allocated to the City's Youth Development Program. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the allocation of $11,000 in CDBG funding to the City of Eagan's Youth Development Program. Aye: 5 Nay: 0 Request to Rent Civic Arena City Administrator Hedges discussed a request received by staff to rent the Eagan Civic Arena for an event to be held May 31, stating that the renter would like to serve beer and wine. Councilmembers and staff discussed policy issues regarding use of the Civic Arena. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the rental of the Civic Arena and extend the current policy for park shelters with the addition of police security being provided. Aye: 5 Nay:0 Mayor Geagan called a recess at 8:20 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 8:25 p.m. and introduced "Visitors to Be Heard". VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 8:25 p.m. and went into Executive Session. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). /D/ City of Eagan Advisory Planning Commission Meeting Minutes D R AFT April 22, 2003 Page 5 C. PRELINIINARY SLBDIVISIOY - RIVER RUN PROPERTIES A Preliminary Subdivision (River Run Addition) of Lot 2, Zehnder Acres to create two single family lots, located at 2987 Pilot Knob Road in the SE of Section 4. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated April 16, 2003. She noted the background and history. Kim Knutson, River Run Properties explained that her business is to create homes and assure proper location for homes. She described the proposal for the shared driveway based on County recommendation. Knutson also expressed they would prefer to use the existing curb cut for the proposed house and not close off the 2 existing curb cuts to create one with a shared driveway. She feels that the existing house will have a hard time maneuvering the car with into the garage with the proposed shared driveway. Chair Huusko opened the public hearing. Resident Jim Osland stated concem for the drainage of the proposed driveway. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder explained the general pattern for the drainage and stated the general plan will accommodate the drainage for the driveway. Plans will be submitted with building permit application for further review. He stated Mr. Oslands's property should not be affected by the drainage. Member Gladhill asked if the applicant has a buyer for the property and their plan to deal with airport noise. Ms Knutson stated there is not a current buyer. She explained that the airport noise will be disclosed to the buyer and the home will be properly sound insulated. Member Miller inquired about the size of the home. Ms. Knutson explained that the home would have three bedrooms and some unfinished space. She described the area on the property in which the home will be placed. Member Steininger asked what the applicant would do if the County denies the access permit. Ms. Knutson stated measures are being taken to assure the best plan. Member Heyl stated support for the proposal; she stated the existing access should be used because it was previously granted. Member Hey] moved, Member Bendt seconded a motion to approve a Preliminary Subdivision (River Run Addition) of Lot 2, Zehnder Acres to create two single family lots, located at 2987 Pilot Knob Road in the SE'/4 of Section 4 subject to the following conditions: /0= City of Eagan Advisory Planning Commission Meeting Minutes DR April 22, 2003 r-'JT Page 6 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 3, C1, Dl, and E1. 2. The property shall be platted. 3. 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. 4. The developer shall acquire all necessary Dakota County Transportation Department permits for access and work within the right-of-way prior to final subdivision approval. 5. The final plat for this development shall dedicate restricted access onto Pilot Knob Road. except in the location of the shared driveway access. 6. This development shall be responsible for a cash trails dedication and cash parks dedication for Lot 2. 7. This development shall be responsible for meeting tree preservation issues identified at the time of building permit application. 8. This development shall be responsible for a cash dedication in lieu of storm water treatment ponding. 9. A shared driveway easement shall be submitted prior to Final Subdivision for City Attorney review. All voted in favor. Motion carried 7-0. 163 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 16, 2003 CASE: 04-PS-01-02-03 APPLICANT: River Run Properties HEARING DATE: April 22, 2003 PROPERTY OWNER: Same APPLICATION DATE: March 19, 2003 REQUEST:. Preliminary Subdivision PREPARED BY: Sheila O'Bryan LOCATION: 29S7 Pilot Knob Road COMPREHENSB E PLAN: LD, Low Density ZONING: R-1, Residential Single SUMMARY OF REQUEST River Run Properties is requesting approval of a Preliminary Subdivision to create two single family residential lots and a Variance of 38 feet to the required 50 foot right of way setback for the existing house located at 2987 Pilot Knob Road. 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. 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, vegetation, 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. Planning Report - River Run April 22, 2003 Page 2 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. H. 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, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with 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." Variance: City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. Planning Report - River Run April 22, 2003 Page 3 b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY The subject property is Lot 2 of Zehnder Acres. The existing house was built in 1954 with access directly on Pilot Knob Road. EXISTING CONDITIONS The subject property is about 38,000 square feet slightly less than one acre. The existing house is located on the north side of the lot leaving room on the south side of the lot for an additional house. The existing house maintains a 38 foot setback from the front property line not including the proposed dedicated ROW for Pilot Knob Road. The south side of the lot has a curb cut on Pilot Knob Road that is not utilized at this time. SURROUNDING USES The entire property is surrounded by single family dwellings that are zoned R-1, Residential Single District and are guided for LD, Low Density residential. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject property is adjacent to single family dwellings and vacant land zoned for single family residential. Subdividing this lot in order to create two single family lots is compatible with the surrounding area. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at it s current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. /Q6 Planning Report - River Run April 22, 2003 Page 4 Within this area, infill single family residential development would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 2 miles southeast of the nearest runvav at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north-south runway. At current traffic levels, the airport handles approximately 530,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately 3 miles from the engine maintenance and run up area. (Issues #3, 4 and 8) While the implementation of the Stage III airline fleet in recent years has lessened the noise per operation, the net effect of these deductions has not yet been translated into new noise policy contours. Updated policy contours are expected to be available and adopted later this year, and it is anticipated that the result will be a reduction in the contours. However, until that time, regional policy dictates that cities continue to utilize the last officially adopted noise policy contours. If the City determines that findings concerning these conditions support the approval of this application for in-fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (Issue #5). ;2 Planning Report - River Run April 22, 2003 Page 5 Density - The Comprehensive Land Use Plan recommends 0-4 units an acre for low density residential. The two-lot subdivision will have a density of approximately 2.3 units and acre. Lots - The proposed Lots will be approximately 16,500 square feet each when calculating with the proposed right-of-way dedication for Pilot Knob Road. In an R-1 zone the required minimum lot size is 12,000 square feet. The proposed lots meet this requirement. Landscaping - A landscape plan is not required for a single family development. Grading/Erosion Control - The preliminary grading plan is acceptable. The site is lightly wooded and generally slopes to the west. Wetlands/Water Quality - This proposed 0.76-acre single-family subdivision is located in the City's "D" Drainage District. Similar to other residential developments, additional impervious structures increase storm water runoff within the City. However, because of the small size of this development, on-site storm water ponding for water quality purposes is not practical. Thus, in accordance with the policies and practices of the City since 1990, this proposed development is subject to a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with this site. Utilities - The preliminary utility plan is acceptable. The existing house on Lot 1 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water main services of sufficient size, depth and capacity are shown on record plans to be available from Pilot Knob Road to serve the proposed house on Lot 2. Street/Access/Circulation - The driveway access configuration shown on the preliminary site plan is not acceptable. Public street access for Lots I and 2 is proposed via shared driveway access onto Pilot Knob Road (County Road No. 31). A portion of the individual driveways for each lot (before they combine into one) is shown to lie within Pilot Knob Road right-of-way. The Dakota County Plat Commission has indicated that the construction of any portion of an individual driveway within the right-of-way will not be allowed. The developer should acquire all necessary Dakota County Transportation Department permits for access and work within the right-of-way prior to building permit approval. Easements/Rights of Way/ Permits - To allow for possible future expansion of Pilot Knob Road (Dakota County Road 31), the Dakota County Plat Commission requires the developer to dedicate an additional 25 feet of right-of-way along the east edge of the site abutting Pilot Knob Road, as shown on the preliminary plat. The final plat for this development should dedicate restricted access onto Pilot Knob Road, except in the location of the shared driveway. Planning Report - River Run April 22, 2003 Page 6 Tree Preservation - Tree preservation issues will be reviewed at the time of building permit application. Parks and Trails - Lot 2 would be responsible for a cash parks dedication and cash trails dedication. Setbacks - Lot 2 will meet the 50 foot setback from Pilot Knob Road right-of-way, proposed Lot 1 will not. Lot 1 has an existing house that is set back about 38 feet from the original right-of- way line. The proposed dedicated right-of-way will result in a 12 foot setback. SUNIMARY/CONCLUSION The applicant is requesting to subdivide the property located at 2987 Pilot Knob Road into two single family lots. An existing house in present on proposed lot 1, with the proposed right-of- way dedication the existing house will not meet the required 50 foot setback. The existing house will be about 12 feet from the proposed right-of-way for Pilot Knob. Lot 2 will meet all setback requirements. Lots 1 and 2 will share driveway access from Pilot Knob Road. Single-family development is a conditional use within Airport Noise Policy Zone 4 and in order to approve the Preliminary Subdivision, the Advisory Planning Commission and City Council would need to determine acceptable findings relative to the eight items listed in this report regarding airport noise compatibility and make a statement to that effect. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision two single family residential lots and a Variance of 38 feet to the required 50 foot right of way setback for the existing house located at 2987 Pilot Knob Road. If approved, the following 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, 3, C1, D1, and E1. 2. The property shall be platted. 3. 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. 4. The developer shall acquire all necessary Dakota County Transportation Department permits for access and work within the right-of-way prior to final subdivision approval. /0 9 Planning Report - River Run April 22, 2003 Page 7 5. The final plat for this development shall dedicate restricted access onto Pilot Knob Road, except in the location of the shared driveway access. 6. This development shall be responsible for a cash trails dedication and cash parks dedication for Lot 2. 7. This development shall be responsible for meeting tree preservation issues identified at the time of building pen-nit application. 8. This development shall be responsible for a cash dedication in lieu of stonn water treatment ponding. 9. A shared driveway easement shall be submitted prior to Final Subdivision for City Attorney review. //f) STANDARD CONDITIONS OF PLAT APPROVAL A- Financial Obligations 1. This development shall accept its additicnal 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 adequa'e 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 professional 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. If 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 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 Trails Dedication 1. 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 Quality Dedication 1. 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 Plan, as recommended by the Advisory Par'<s, 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 City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 _ Revised: February 2, 1993 ITSSS STANDARD.CON '0 CPA- FINANCIAL OBLIGATION-River Run Addition 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 no pending assessments on the parcel 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 property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $975/Lot 1 Lot $975 Water Trunk S.F. 1,015/Lot 1 Lot 1,015 Storm Sewer Trunk S.F. .0925/Sq. Ft. 38,000 Sq. Ft. 3,515 Total $5,505 11.3 Eagan Boundary ~.art:a Area Location Map str"t'n`""°' Building Footprint y -P T !J \ r ~i! ~ y ! t I 1 < 4 i i ~r+~o, I- 131 J,it. 7 ,T , ^yR 5;~ ] ,'1 3 i ~ I _ ~ \ Imo, lT7r j ~j G~., I ,oil" ` i/y j1l r- I 1 > I r J i Sub'ectSite ~ > ia, T 73 7-71 IL, I i• J~~~ r. e= E03 ES 7 M P: j loco 0 1000 2000 Feet Development/Developer: River Run Properties Application: Preliminary Subdivision Case Nor: 04-PS-01-02-03 Map PnpanC using ERSI WcVler ].1. Parcel bap map data Orwlded 0y Oakou County Land Survey Department and is current as of Seplemoer 2002. W E / THIS MAP IS INTENDED FOR REFERENCE USE ONLY city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Comm..ny o•v eropm•nr o•p.rtrr.nl not responsible for errors or omissions. I II IM. S 7 C W W Z h I ~'f jf E I. 1 s t a ! E{ art - _ f lilt; L_O _r Q -----------------------------I---------- a z _ _ - _ - _ - - W - oo'oot 3 ADALo s . O - - - - - - - - - - - - 1 g I I 1 ~ - a s l I ~ 1= - J - V I I I ' ci Q O 8 1 r I I g _ ; i ~ I Q I f i - i LL I C O I o I I V I I J I 0 I I I i I I I L LL I ~ I I I > I I I I ~ • Q `-----------J..~• x oot . ao.oLD . - 1- - z m CC i -•rL W ~ ~ i ~ } Q ' E 1~ ~ }T : , i~, i > it u ~ S - a ; i•3 -w f a-. i! t;. is • _ = o t ~ : ~ ~`•i ~ _'.i _!~i ::?iii ~i~i :s~ :ij - i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - it's - - - - err • ;s x oo' .x ~~i s'~ a _.a .r. - - - n `1 ~ Y I ~ 4 ~ 1 .S e t ~ ~ Y fir, .i' S-{~~ ~NUZ 4FiF Agenda Information Memo May 20, 2003 Eagan City Council Meeting D. STAFFORD PLACE PARKING RESTRICTIONS ACTION TO BE CONSIDERED: Approve additional parking restrictions (NOTE: State Specifically) within the Stafford Place neighborhood and Braddock Trail. FACTS: • Since August 2002, the City has received 4 separate petitions requesting various additional restrictions/controls for the parking that occurs within the Stafford Place neighborhood specifically resulting from the various special events held at the high school (i.e. football games, graduations, etc.). They have stated a safety concern about the ability of emergency vehicles to travel these streets with parking on both sides. And the reduced width also prohibits two-way movement creating occasional traffic jams. • Currently, there are restrictions posted on a few of the streets closest to the high school restricting "Parking by Permit Only, 8 am to 3 pm, when school is in session" While this seems to have adequately addressed the original anticipated student parking, it doesn't cover the problematic "special events". There has been only a hand full (at best) of permits issued since 1990 when the school opened, with none during the last 5-8 years. Currently, the staff does not have a formal parking permit issuance process in effect. • This issue has formally been before the Council at their regular meetings of Sept. 3, Sept. 17 and Oct. 15, 2002. Informational neighborhood meetings have been held on Sept. 5 and Dec. 16, 2002. • It has been opined by the City Attorney's office that, in order for any new restriction to be enforceable, it must be specific to location (i.e. this side, here to corner, etc.) and time (i.e. 8 am to 3 pm, Sundays only, etc.) and cannot be based on situations that the general traveling public might not be aware of or easily construed as ambiguous (i.e. "special events", "ball games", "athletic activities", etc). • The City Police Department has received complaints from area residents regarding these parking problems and had ticketed and towed vehicles that have parked illegally if front of mailboxes, hydrants, etc. The Police Department has indicated that they can enforce additional parking restrictions, as resources allow, if appropriately worded and approved by the City Council. May 6, 2003 Council Agenda (Old Business) Stafford Place Parking Restrictions FACTS (cont.): • A team of City staff representing the Engineering, Police, City Attorney and Street Maintenance departments have reviewed, researched and evaluated the numerous options and suggestions that have been presented at the various Council and neighborhood meetings and weighed their merits against their effectiveness, enforceability and additional restrictions on existing residents, as well as potential cost impacts in service delivery. After researching and evaluating these options, the staff is submitting the following recommendations: 1. Install an Odd/Even system (in addition to keeping the current student parking restrictions) on those streets that lay within approx. 800 feet of Braddock Trail. (This will address the original public safety issue by insuring that there will never- be parking on both sides of the street - anytime/anywhere - which could happen with any type of permit parking.) 2. Braddock Trail should be restriped with the parking lane moved to the west side of the street and that selective curbing be painted yellow in permanently restricted areas (i.e. hydrants, intersection radii, sight restriction corners, etc). • On May 6, a letter was sent out to every lot in the Stafford Place Addition informing them of these recommendations. At the May 6 Council listening session, Mr. Dave Rosati (4140 New York Ave.) presented yet another alternative (enclosed) for the Council's consideration that expands the parking-by-permit-only times in lieu of the odd/even staff proposal. Also, Dianne Dyball (4122 Braddock Trail) has submitted a petition objecting to the proposed transfer of parking on Braddock from the east to the west side. The expressed concern related to the loss of the parking lane that also functions as a safety lane for children walking to/from the corner school bus stops. ISSUES: • In response to these concerns, Councilmembers Carlson and Fields along with staff have met with neighborhood representatives on several occasions, surveys have been solicited and various proposals have been presented to the City Council. To date, no proposal has been able to adequately address the original concerns without raising additional objections from other residents. It appears difficult at best to find a solution acceptable to all residents. ATTACHMENTS: • Survey response memo (10-04-02), pages / through • Graphic of parking complaints and enforcement, pages and • Rosati recommendations, pages /3el and /.4;k . • Letter to residents (05-07-03), pages- and • Braddock Trail Petition, pages U_ through //011100, NIEM0 city of eagan TO: MAYOR & CITY COUNCIL %THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 4, 2002 SUBJECT: STAFFORD PLACE - PARKING RESTRICTION SURVEY RESULTS The City Council instructed staff during the Council meeting of September 17' to send a survey to residents of the Stafford Place Development in an effort to determine what parking restrictions would be acceptable/favorable to the entire area. BACKGROUND Recently, the City received petitions from several property owners along Ventnor and New York Avenue requesting further restrictions for the parking that occurs on these streets specifically resulting from the various special events held at the high school (i.e. football games, graduation, etc.). They have stated a safety concern about the ability of emergency vehicles to travel these streets when there is parking on both sides. The reduced width also prohibits two-way movement creating occasional traffic jams. Currently, there are restrictions posted on a few of the streets closest to the high school restricting "Parking by Permit Only, 8 am to 3 pm, when school is in session", but this doesn't seem to cover the various special events. ISSUE After a review of the property owner's request by the City Attorney, Engineering and Police Departments, it was determined that parking restrictions can only be placed on "when" and not "who" can/cannot park on a public street. The City Council has a desire to properly address this concern with the limited legal restrictions available while avoiding moving the problem to other areas in the Stafford Place neighborhood. NEIGHBORHOOD SURVEY In response to the Council's directive, 152 Stafford Place residents were sent a survey asking 5 questions regarding parking concerns in the neighborhood. 51 homeowners responded by the stated deadline. Additionally, the City received another petition with signatures of 13 residents requesting specific solutions to their stated concerns. Following is a synopsis of the survey data: (Not all survey questions had responses. The numbers represent responses received.) / Question 1. 1. Do you feel there is a problem with parking on your street in front of Your house? No 25 Yes 25 2. Do you feel this parking problem is: A safety problem, 6. A nuisance problem, 1. Both, 20. 3. Do you feel there is a parking problem elsewhere in your neighborhood? No 14, Yes 33 4. Would you have any objections to additional parking restrictions posted at other locations in your neighborhood? No 23, Yes 23 5. If additional restrictions were posted for your street affecting your house, which of the following would be acceptable (choose as many as apply): 14 - "No Parking This Side" (on one side only - probably mailbox side) 8 - "Odd, Even Parking Only" (expansion of current winter parking restrictions) 16 - "Parking by Permit Only, 8 a.m. - 9.p.m." (How many permits would you need? (4=101 (How many vehicles are registered at your address? (2=4) Comments contained in Survey Responses • Would like to see signs say "residential parking only" • Request signs "Watch for Children" and crosswalks from Braddock to Pennsylvania • Additional parking restrictions "will make parking worse in my area" • Suggest a "No Event Parking" sign posted on Braddock Tr. and Pennsylvania Ave. • Additional parking restrictions "will cause more vehicles to park in my area of neighborhood and squeeze into an open spot because it would be closer to an event" • Would like to have "No Parking" signs on the Braddock Tr. side of the homes at 3992, 3999 Pennsylvania. • Vehicles too close to the comers cause vehicles that turn on to Braddock from Pennsylvania to creep halfway into intersection to see if traffic is coming from either direction. • Build parking lot between EHS Varsity softball field and woods area along Northview Park Rd. • During sporting events, cars park too near the corners - hard to make turns from Pennsylvania onto Braddock. • Restrictions interfere with visitor parking for family gatherings on non-event days. • "No Parking" for 2 car lengths from corners on Braddock Tr. and connecting streets. • ' Parking is an issue when events are held at high school, but events total only approx. 20 - 30 separate days out of 365 days. • "People knew there was a high school when they chose to live on these streets. No additional signs should be posted or turn some of those fields into parking lots." • Any restrictions need to be as safe as possible for pedestrians and homeowners. Also fair for the homeowners. • Lots of kids driving and walking to events. Opening up one side of street may cause faster driving and less safe conditions. Maybe, "force people to park in the Northview athletic fields" (forcing by installing "Parking By Permit" signs through entire area). • Would prefer no street parking during football games. Id o • "This is ridiculous. There are only a handful of events that bring enough people to cause parking on our street. It is not an issue." (Pennsylvania Ave.) • Problem during football games. "Wouldn't want to see restrictions that would be in effect all the time." • Concern focuses on people parking very close to or directly in front of mailboxes. • "Not bothersome to have cars parked on street." • Changing the parking on Braddock to the west side of the street would eliminate cars being parked illegally in front of homes & create safer parking by not having to cross street, and allows more cars to park legally on Braddock. • Wouldn't like one side only parking. (Odd/even). • "Parking permits are a joke" • Problem due to people parking on both sides of the street. Major parking problem. • Against "No Parking This Side" because people would probably pick the mailbox side and that wouldn't help. • Would like to see one side parking for special events. • Restrictions in place are adequate. • "If they restrict parking closer to the high school, parking would move to our backyard." • Want permit parking only, not one side or odd/even. • Parking problem only affects people on New York and Ventnor. People on other avenues are not affected and should not have a say in this petition. • "No Parking This Side" and "Odd/Even Parking Only" restrictions should be in addition to the current 8 a.m. - 3 p.m. restrictions. • Do not want "No Parking" signs posted on street. Would rather not have "Parking By Permit" either. • Temporary "No Parking" signs may work during special events. On Saturdays people should park in the school lots, which are not full, except for the one closest to the stadium. • "I would like people visiting me, and myself included, not to have a permit to park in front of my house." • "If you post "No Parking" in some parts of the neighborhood, it would just push vehicles back to our area." If you do it for some, you should do for all. • District 196 is responsible for providing enough parking for their "schools" - build more parking lots, extend walking path to Northview from stadium. "School should run shuttle service from other parking lots." • New York Ave. is extremely crowded. Guests and children are not safe. As always, I would be more than happy to provide any additional information you may need. Respectfully submitted, Director of Public Works Eng; TAC/ Streets-Hwvs.'Staffd Pl memo TEH 10-10-02 666 Q 6 LJ V a" 660 656 052 NCR z ete ry~~ 64. 3996 ' / 840 pAR/r 4004 e7e R 602 ~O 4012 62B 617 3999 4003 4067 4013 4016 625 821 616 zrn soze 4016 4110 824 4028 ♦11♦ 4032 11 411=27 4036 4118 4040 4124 4631 4044 4122 4125 403 4041 4126 4048 4129 028 4087 4049 4130 4102 4 4052 4174 4173 4053 400 L 4137 4136 rnp 4059 40H J 4136 4079 4141 4140 1 4063 4142 4093 Pik 4000 ~ 4145 4144 / Y 4146 / 4099 4088 4060 U 2 4148 4076 4068 O VENTNOR 4103 4006 Q 859 / 4072 Q 670 866 7 / 4100 4077 ~ B02 am, 4107 4076 858 851 / 4111 4104 4081 4080 4158 / tae /oe5 EAGAN HIGH 655 e5a 162 847 4064 ~ 4183 SCHOOL 4.11 an e75 B71 < 4112 4ae9 4068 W 4166 4116 4093 Z 4092 183 4123 I179 BR y 4120 4097 i 40M 417 ! j 4127 z p 4171 4124 4101 4 4102 4167 K 4131 4178 416] ~ 4105 4171 4159 1128 4106 1109 4162 1173 4172 .1 ! 4155 4132 4110 4162 113 4186 41 4180 4156 414 4117 4114 i 4143 4190 G~ 41M N 4139 4187 / 4125 4118 41 4194 /4146 196 4191 142 4122 4195 881 41 4134 4130 4126 DIFFLEY ROAD Properties retuming surveys C Exhibits misc STAFFORD Parking Restri ions Survey Respondents Oct 8, 2002 City of Eagan 8 56 Q 6 e46 e60 ess 852 tip4 ,z 848 LKJ e44 e4o O4p" 3992 3996 400,p 4004 836 ~T / 1008 4012 832 ~"q0 9z9 Responders to 817 3969 1003 1007a F 4013 4016 E25;' Survey Question #1 ZZ ? 916 N 40 20 p 4019 ~c ~ gay _ 8p An {110 { 7 , - 4111 4032 1118 4120 wJ6 4040 1124 1031 4044 1122 1125 1037 4041 4126 1045 4048 4129 4128 4087 4049 4130 W . 1133 < 4132 .e:..-4085: 4052 4134 - 4053 4089 : 1137 x 4136 4056 J 4138 0O ?6 4063 79 ?'-.......s .a 4091 IR{`_ 4063 {141 4140 4142 71 4060 ~ i y,w7! e,~ F I 4115 4114 ~ln~ Y 4146 1099 1088 1080 ~J U 2~ 4148 4076 4~.'. O VENTNOR = ! 1096 / 4103. _ a 0 859 ' 4072 870 I YL / {1001 4017 ` 862 m 955,. 4107 - 4076 m -l 41114104 4081 EAGAN I 4158 858 410e 4085 HIGH 955 4162 ' 847 3. 4064 4183 SCHOOL 4185 839 931 > 4112 4069 4099 1166 850 935 < 846 w 4116 1093 Z 4092 183 4123 < - > 1179 - 642 838 ti 4120 4097 4096 1175% 4127` N 2 pFNHSy` -,/4171 4167 4124 4101 Wa 4102 4178 4163 1131 4174 4128 {105 /•1159 -'/106 eft 4109 4182 4173 4172 4155 4132 4110 162 4113 a 1186 4180/158 1147 y 'l 1114 1183 a / 4117 1190 F 4196 11 1143 •j 4139 E..: c.. 4187 90 s 1125 r ` 4118 i , 4150 4194 4196 4146 1- wit` 4191 NI - 4122 4195 861 41 4134 4130 1 Y.1126 DIFFLEY ROAD Problems in front of your house YES Problems t of your house NO G Exhibits mist STAFFORD V Parking Restric i s urvey Respondents Oct s, 2002 City of Eagan 4 809 6 846 880 856 as2 818 Q 1z PT,S,L Q N 911 Fly ` F °40 aqR~ 3992 40°° 4004 836 ~jq632 p t ! 828 ~1ti:. /4012 817 .*jM' 40m 4007 0 4016 am 821 916 p 4013 4020 ' 1019 620 Responders to 4110 - - 4023 ry~ S~R 824 Survey Question #2 - - 4028 4032 ` 4027 4036 4120 411 - _ - q~ 4040 4044 1031 4124_ 1122 1125 - 4037 4041 5 4048 4126 1129 1128 4087 4049 1130 ui 4052 4132 4065 4133 4053 1134 Y136 1 4089 i 4059 4056 1137 Ya= -;j ~2.( `4063 ~p7B- 1063 4138 77777 J Y 40 4091 L s.... 4141 41 4060 qQ 4142 L 4093 ~ 4145. f /.1141 J! 408° 4080 Y 4146 4099 4076 1068 V ? 4148 4096 Q VENTNOR - 1 4103 4072 4077 866 4100 870 9G 855 1107 4076 862 m 1104 4081 m / 4111 4080 Ma 851 4158 .x N08 4085 947 4W EAGAN r °55 4162 854 i M9 Oj 4112.' 831 > _ 4089 ui 4088 HIGH W5 > 4183 SCHOOL 4185 4166 Q 4 846 , to { 4116 1093 < 4092 4123 <193 1179 642 838 4120 4097 N 4096 4175 f 1127 ZZ 1 4171 4124 4101 W 4102 PFNN3 4167 % 4131 D rIVAN 14163 4105 4178 4174 4159 4128 4106 1109 1182 1172 q 4155 4132 4110 Y173 162 ~ 4113 147 1186 4758 4117 4114 4183 4180 `',../4143 'P /4154/ 4139 4190 4188 4125 4118 4187 ~ N50 4194 1116 4196 4142 4171 4191 41 4195 861 4134 4130 4126 DIFFLEY ROAD Safety problems Nuisance problems Both G Exhibits misc STAFFORD Parking Restri Survey Respondents Oct 8, 2002 City of Eagan '4 an Q 6 546 560 856 852 +0 12 548 n n T_ p ''nVV'' 3892 3996 A9 `T 840 sooo U 4004 i 876 RO / 4008 832 / 4012 828 3959 4003 4007 10, 1016 e.:,a'••-.. Responders to 81 \ 821 . 4017 FZ 825 816 4020 Survey Question #3 ZN 40,9 1~ 820 4110 1027 9 824 411! ? 4028 4032 {027 4118 4120 1036 rS .s::; 1001 .4 4010 4044 4122 {125 _ 4121 s a 4037 4041 4126 1046 4129 4126 4097 4049 4130 w 4133 < 4132 4085 4052 4134 1089 _ 4037 4137 Y {136 L -rrq. 4056 r°F/°/_ J.. mP 4059 4093 ..J 4138 m 0 y 79 , 4063 9 4141 I 1140 4091 4142 .~4060 4093 ~ ~ 1113 4-144 - - Y 4146 ~4 4088 1080 U 2~ 4148 1076 O VFNTNOR 4866 r 0 _ _ a59 4096 4103 4072.. 870 1966 yG 4100 4077 882 to 855 4107 4076 M 1111 4104 4081 4158 e58 851 4090 EAGAN:' 1108 4095 HIGH 855 I 4162 ` 85!.;. 847 Ioa1 SCHOOL 939 ,185 4166 / &WO 935 831 e 41 40e9 W 1088 _ 646 91 4116 4093 a 4092 183 4123 < j 4179 &/2 836 N 4120 4097 y 1096 / 4175 4127 Z 4171 4101 w NNSr~.: 4167 4124 a 4102 4178 4163 / 4131 4174 4128 4105 ~ 1.759 1106 4109 4182 4173 4172 V 4155 4132 4110 162 4113 4186 w y_ 4180 4158 N47,,.:. 4114 `4183 4117 411 4190 4197 p~~0 4198 41u .N / +4139 ' 4125 4118 4150 77, 1194 4196 1146 4191 414 4122 4195 861 41 4134 4130 4126 DIFFLEY ROAD I-1 Parking Problem Elsewhere YES G Exhibits mist\STAFFORD PROBLEMSELSEWHERE NO Parking Res Survey Respondents Oct 8, 2002 City of Eagan /c;, 0 7966 666 399o Q 6 LJ V 610 ON 666 052 W hORTy 1 z el./ ~F2y B40 A 3_99' 7980 4000 1/W4 ~6 AR~R / iooe~ e]2 ~q0 826 4012 Responders to 3999 4003 1007 0 4016 l -621 ,013 ay V 616 Survey Question #4 4119 7 gtp3 824 4114 / s 4072 4036 4116 4040 4124 4031 ^~z 404/ 4122 4125 4037 4041 1126 1016 4129 4126 4087 4049 41]0 W i 41]2 / 4052 1133 4057 nx 4069 4137 .4136 4059 4056 4178 1083 79 J > 1091 4087 NI1 _ 4140 4142 -2 4093 4080 4145 NM Y 41,406 - ,4099 406 , 4060 2 4148 4075 4066 O VENTMOR 4103 4096 0 4072 Q 670 M 4100 1077 it \_..6556 1107 4076 852 ca 4111 4104 4061 1158 BSB 4080 1106 4065 EAGAN 65! 847 1084 HIGH ~ 4162 ~ 638 US 871 t 4112 40e9 40e6 4183 SCHOOL 4161 i 1166 °50 < 646 F 4116 1093 z 4092 187 - ;i 4175 F .y j 4179 842 / 838 y 4120 4097 -1 > 4096 / 1175 1127 ' Z p 4171 4124 4101 d 4102 -;4167 11]1 4178 4183 4105 1174 4159 1128 4106 4109 4182 4177 4172 y 4155 4132 4110 4162 4113 4185 ,.N80 4156 4/47 4117 4114 4163 ~ 4143 1190 4166 4154 4139 4187 4, Tf 4125 4718 1,50 4194 1116 - 4196 ;~;a - 3?s 4142 1191 4122 41 ^ . 4195 861 Itx 412 DIFFLEY ROAD Objections to additional posted parking restrictions YES NO G\Exhibits mist STAFFORD OBJECT RESTRICT2 Parking Restn urvey Respondents Oct 8, 2002 City of Eagan /p~ 3988 am 3690 'Q eb e9o 656 052 'yORT 2 Bte yh U V 6 e44 cgy Bt0 aq 3996 1000 4004 Ban R~ Rp 1 4008 632 '90 Responders to 4012 817 3M 4007 RV25 Ws Survey Question #5 A 4013 461 4 821 0 ~N 4020 .4019 ~ 820 4110 824 4028 4114 4027 4032 1120 4036 4118 4040 4121 40.11 ^~z 404s 4122 412503 ` 4041 4126 4018 4129 IL 4126 4087 - 4019 4130 Q 4133 4132 __x,'~.':• 4052 4134 4053 4080 r 4137 ¢ 4136 1L1`P 3 4059 4068 4138 1 a 4079 4083 J. 4111 : 4110 4,42 4093 4080 ~ 4W 414 - Y 4148 4099 4088 4090 U ? 4148 4076 O VENTNOR 1103 4096 0 859 0 4072 870 4100 4077 856 4107 4076 m - 658 851 4104 4001 _ 4111 4158 4080 EAGAN 4108 4805 854 HIGH 856 062 847 4081 4183 SCHOOL ass ` 850 ~e =5 4131 < 4112 40, < 40ee \ 4188 048 to 4116 4063 Z 4092 J 183 4123 W Q F 4179 842 ~1-1 4120 4097 > 4098 417 4127 to to Z 4167 4131 4124 4101 Ui 4102 PFNNSrC!/ 4171 Z 4178 'LV(, 4163 4105 4174 4159 4128 4108 4109 4182 4173 4172 4155 4132 4110 J 4162 = 4113 4188 414 41U 4183 4180 4158 _ 4117 p 4143 4190 4188 11 'tom': % 4138 41 B7 4125 4118 } 41 4194 4196 4148 4191 4142 4122 4105 N, 41 4+34 4130 1126 DIFFLEY ROAD F- Acceptable Additional Restrictions - Fig. 1 fnY PREk "No Parking This Side" G\ Exhibits mist STAFFORD Parking Restri urvey Respondents Oct 8, 2002 City of Eagan 42 3006 am 3w Q ~ 2 so 060 ON 852 UK-i HoRrH 044 y~Y pqR 3996 4004 036 Roq 4008 832 0 820 4012 017 Responders to 3999 4063 4007 .p 4013 401E 825 821 614 p 4020 Survey Question #5 B << x`02 820 4110 s~4028 824 4072 4114 4077 403E 4120 4010 4118 4~ 4044 4124 4W1 4122 4125 4037 4011 4010 412E 4129 LLj 1128 4067 4040 4130 4052 Q 4132 4085 4053 4131 4134 4000 Y 4056 4136 11` 4059 4170 - 4137 P 4083 4079 J 4063 4141 4140 4080 a/42 4093 1. ~ 4145 4144 4088 4080 Y 4,4E 4099 4076 4068 U = 4146 QQ VENTNOR 4008 _ 4103 4072 • 859 0 X866 rS .~=`~y 4100 4077 870 _ 7m 855 1107 - 407E w 4111 1 4104 40°1 851 4080 4005 4150 4100 EAGAN W4 74w HIGH 056 4162 - - T 830 Q p5 031 4112 4080 Q 4000 4183 SCHOOL 4t 85 4146 850 p3 4116 4003 2 4002 846 > 183 4179 842 4123 h 4120 4097 N 4008 417 41.7 2 4171 4124 4101 a 4102 pFiy1,<l~ 4167 4131 4167 4106 1178 4171 4159 4126 4106 4100 4182 4173 4172 ql_ 4155 4132 4110 1162 1113 41°6 4150 114 4117 4114 1183 4180 4143 ,A 4100 41 4170 --r, 4100 O 4125 4.118 41°7 41 4194 4146 4106 4142 417! 4101 4105 061 41 4174 4130 4126 DIFFLEY ROAD Acceptable Additional Restrictions - Fig. 2 Odd / Even Parking Only C\Exhibits misc STAFFORD Parking Restr' urvey Respondents Oct s, 2002 City of Eagan / 3986 Ma 3990 Q e 619 860 956 652 NpRT 2 °o fry ebl ~~1, 610 A 3996 4004 e]e Responders to 4008 872 4012 ~ 917 3994003 4007 -y 4013 .0 821 Survey Question #5 '01° C 4, ~ N 4020 4019 < ~G VC 820 4110 r' YZ S~ 821 4028 4114 _ - -.RAJ 40V 4072 407E 4118y.41~ n"'ti 4031 .4 it 4040 4044 4122 4125 x 4124 4037 4041 4126 4018 4129 W 4128 4087 _ 4049 4130 a 4173 4132 4085 4052 41x 4053 4089 4137 Y 4136' ` c~ P 4059 4054 J 4138 4079 4141 41101= 1 4083 4142 4093 4060 1143 .r ,1114."` Y 4146 1 ti 4099 4088 4090 V 4148 4076- .4U68 - Q VENTNOR 4103 4096 4072 866 859 4077 Q 870 7 4100 cr 862 F 855 4107 4076 4111 4101 4081 4158 858 8514080 EAGAN 4108 4095 HIGH 056 4162 &54 847 4M 939 975 83, 4112 4099 409E 41a3 SCHOOL 4185 &50 4166 Q Q 616 Cl) 4116 4007 Q 4092 < 183 4127 4179 842 4120 4097 > 4096 417jf 4127 Z pe, y:'...- 4171/-4167 4124 4101 a 4102 4131 4178 CLQ\~'; 4167 n05 4174 4159 4129 1106 4109 4182 4173 4172 4162 -1 . 4155 4132 4110 4n3 4196 . .414 4114 4183 4180 4158 p - 4143 4190 4199 41 4179 4117 4187 4125 4116 11 41W 1148 4198 4191 4142 4122 4195 bt 41 41x 4130 4126 DIFFLEY ROAD F-1 Acceptable Additional Restrictions - Fig. 3 Parking by Permit 8 am to 9 pm C\Fxhihits m(sc\STAFFORD ACCEPTABLE 3 Parking Restric ' rvey Respondents Oct 8, 2002 City of Eagan 42 P CL! 0 q C;A 1 ~r~v a ~j~ ~d ° ~1J ~ ~ 1 Q 40 C3;3C r~~ M1 rJ , 4 Qc7~3aa ,7 C5 d J lMa3gy~p °13 V I w~ Q a ~-Q O 1 A P I a Q~DQD -L~ ~?e-7 / ~j G gp,T a Qp Q~C C~5 u6 p. j/ v J Q n CJ 1 V pD~ m yQ w fl~~ o DC, Q: v ~ • • ° 17 CZ~ ~ OHio~ d ~ ° I d `i J JCS q ~ m ~ CQ~~bQ 3~ q ~ H d ~,G d c2c a CJ O E ap 0 0 0 ap4 p ~~ra~ ° ea d o cn cc c • • I - a ~ a a~ Q ~ r, ap oc;z Q d 4a p a~l p QP~ °1v oa a~ ~Q n o t C3 ~ ~ Q Q Q ~Y ,qA~ ~ ~ Q d d Q C:I 1-3 Q7 Q Q p G q o C~ d ~ a f3 ~o~'~ a 4~,T~ ~ a q q• q Q p ~ c7 N Q a Q C3 z:~7 o / ~ Q d~~ ~ ~ ad ~O ~ N C ~Q i I Q b Q O Q ~ C> m L C~, I d d adr~ p o) ~C> ' ° ~ ca n ~ O Q~PpQ ~~~p ~ 4 Q Q P cJ d ~ ~ Nv ~o a N ~ Q q ° ad L = m 0 c V ~ a 0 pQ ❑ •v ~ m Ca rn U; C; vi D w C r' Q ~ to • • ❑ 0 C? z Q D V0 Mailbox side of the street Parking By Permit Only Sam - 9pm Sept 1-Nov 30 Sam - 3pm Dec 1-June 15 Non-mailbox side Parking By Permit Only Sam - 3pm When school is In session / _ 10h,1 /Z es~rAllgQ /~lFev YU2K live Proposed Mailbox restriction (in addition to current daytime restrictions) Issue Addressed: ✓ Problems created by parking on both sides during stadium events and driving school. Track and Field events in April and May including Saturdays and Football in the fall would be limited to parking on the non-mailbox side only. ✓ Blocked mailboxes- street congestion Allowing just one side for event parking would be the compromise. Post Office will make mail deliveries and no longer bypass area homes. ✓ Opens up one side of the street for pedestrian traffic during events, (may help keep people from walking in yards.) Huge safety issue here. Currently, people are forced to walk in the middle of the streets. Many are children. ✓ Homeowners can park with a permit at all times, but this would allow homeowners to abide by odd/even snow plowing ordinance with parking allowed on one side on snow days. Public works issue resolved. ✓ Easy to administer, understand and enforce. Current signs on non-mail box side do not need to be replaced. (Saves the City of Eagan money!) Public will not have to know what day of the week it is or even odd side of street. (This would be a problem in the fall during football season when it gets dark early. People would have a problem identifying address numbers on homes in the dark, thus creating parking confusion.) Restrictions on mailbox side of street will be consistent. Fans attending school events will become familiar with the restrictions vs. even odd system that may result in confusion from week to week. Police can simply do a "drive by" visual for parking compliance during stadium events. ✓ Acceptable to homeowners. (New York Ave) It is the least disruptive to our properties. It does not have a detrimental impact on property values by maintaining on street parking for residents. /6.13 A city of eagan PAT GEAGAN `lavor May 7, 2003 II PEGGY CARLSON CYNDEE FIELDS RE: Additional Parking Restrictions - Stafford Place MIKE.%t-\GUIRE J MEG TILLEY Dear Property Owners, Council Members BackarGiiIld As you may recall, the Citv has been working with many of you to try and address the THOMAS HEDGES concerns of excessive parking on many of the streets within the Stafford Place neighborhood associated with various events at the high school. 4 different petitions have Ciry Administrator been submitted, 2 neighborhood meetings have been held, a survey was distributed to all property owners and the issues formally discussed by the Council on 3 different occasions. Mariv suggestions have been offered and researched by the City Attomev's Of ce and Police Department for effectiveness and enforceability. Municipal Center: 3830 Pilot Knob Road Issues Eagan. SIN 55122-IS97 The City recopizes the expressed concerns of the neighborhood and wants to find a solution that is most effective, yet least imposing to the residents. Of all the various Phone: 651.6-5.5000 options and alternatives suggested, none have been able to gain unanimous support from F:x: 651.6-5.5012 all potentially affected property owners. The current "Parking by Permit Only, 8 am to 3 TDD: 651.454.8535 pm, when school is in session" has been very effective for dealing with the local student population without requiring much, if any, enforcement and virtually no permitting processes. Several options were explored that expanded upon this current permit parking Maintenance Facility: process. All are considered burdensome and challenging because they would require 3501 Coachman Point formal implementation of a permit process for all affected residents and would not Eagan, MN 55122 address the critical safety issues of parking on both sides of the street during peak times. Another discussed option of No Parking - this side' posted on one side of a street would Phone: 651.675.5300 result in a total ban every other day during the winter odd/even parking ban period (Nov Fax: 651.675.5360 15 to April 15). TDD: 651.-154.8535 The City Attorney's office has advised staff that in order to be enforceable, any restriction must be limited to location (i.e. this side, here to comer, etc.) and time (i.e. 8 www.ciryofeagan.com I am to 3 pm, Sundays only, etc.). They also suggest that restrictions should not be ambiguous (i.e. "special events", "ball games", "athletic activities", etc.). Recommendation A team of City staff representing the Engineering, Police, City Attorney and Street THE LONE OAK TREE tifaintenance departments have reviewed, researched and evaluated numerous options and The symbol of strength suggestions and weighed their merits against effectiveness, enforceability, increased restrictions on existing residents and potential cost impacts in service delivery. and growth in our community Sta.-Tord Plact- Parkin; Restrictions P3~~ , T" recommendation that will be made to the City Council is to initiate a year round OcdEven system (in addition to keeping the current student parking restrictions) on thcse streets that lay within approximately 800 feet (east) of Braddock Trail (P=nnsylvania from Braddock to States/Shortline, Ventnor from Braddock to States, and the Reading and New York Ave. cul-de-sacs). This restriction will prohibit parkin` on the odd numbered address side of these streets on even numbered calendar days and will prohibit parking on even numbered address sides of these streets on odd numbered calendar davs. (Similar to the City's current winter parking ban.) A 'so, it will be recommended that Braddock Trail be re-striped with the parking lane --,*-d from the east (resident) side to the vest (hi-4, school) side of the s.. e. , and tha: selective curbing be painted in permanently restricted areas (i.e. hydrants, intersection radii, sight restriction corners, etc). The east side would then be posted "No Parking -This Sidesimilar to the west side now and Northview Park Rd. across from Northview Park. The enclosed map shows the location of these proposed restrictions. These recommendations should adequately address the identified safety issues while allo,.ving residents and their guests to park on alternating sides of the internal streets without constantly acquiring, borrowing or renewing permits, similar to the current situation. Council Meeting The City Council will be considering these proposals at their regular meeting on 'May 20. at 7:00 p.m. With the summer athletic season quickly approaching. they would like to :y and resolve this issue as soon as possible. We hope that the residents wilI ur.'erstand the difficulty in trying to implement the "perfect" system and will be willing to --rive this option a chance. Thank you for your past patience and participation in this neighborhood parking issue. Sincerely, Thomas A. Colbert, P.E. Director of Public Works C: Mayor and City Council Thomas L. Hedges, City Administrator Kent Therkelsen, Police Chief Russ Matthys, City Engineer Mike Dougherty, City Attorney Tom Struve, Supt. of Streets and Eqpt. En.c: Map and Signage Graphic RECEIVED MAY 15 2003 EAGAN 1? ?oo: ENGINEERING DEPARTMENT u +v Six ~r y ► -T„ - iqa _ _ _ _s ~ . _ _ _ mod. ~ p,~ _ ~✓IdY,_ ?-3- _ y. CV& vi -D- ~F_ sJl~ i Sjr s ci..~ LtlKb ~2~c vm 'i 5s/L 3 RECEIVED _._DIANNE DYBALL MAY 1.5 2003.......___._._... 4122 Braddock Trail EAGAN Ea"'n. LAIN' ;;1 ENGINEERING DEPARTMENT c;~1-40i -195- LoriDi 2; a aol.com May 15, 2003 Dear Mayor Geagan and City Council Members, I live on Braddock Trail and I am against the proposal to move the parking from the east side to the west side of Braddock. First, I would like to say how angry I am that the survey was never sent to us here on Braddock Trail. Obviously the issue relates to us even if we never started any of the petitions that were sent to the city. I am sure most of us were unaware of the resulting meetings. 1 picked up the minutes from the meetings concerning these parking issues. The Stafford Place Meeting of December 16'b, 2002 raises the issue of moving the parking lane on Braddock. This was in December. I just received the first mention of any of these issues from the City of Eagan last Thursday the 8th of May. Why have we been left out? If none of us here on Braddock were surveyed, who was concerned about changing the parking lanes? Some simple signs saying do not park from here to curb would solve any sight line issues for those pulling out of side streets onto Braddock Trail. At the same December 161h, 2002, meeting I noticed Councilmember Carlson noted the safety of having people park near the walking path. What about our guests who would have to cross Braddock to get to our homes? I have talked with most of my neighbors on Braddock in the last several days. There were three people who mentioned they are frustrated by not getting their mail on days when people park in front of their mail box. Tuesday was one of those days. The signs on Braddock were bagged, allowing for parking during the day. Why is this done? I wasn't able to talk with all of my neighbors in such a short time but I did try to reach everyone and I tried several times. But, overwhelmingly, even if people were somewhat frustrated with the parking issues, they did not want to have the parking moved to the other side of Braddock. I also heard some things from my neighbors that never occurred to me. If the parking is on the other side of Braddock than there will still have to be room allowed for sight lines coming out of the high school. A lot of room. They are all new drivers. Also, the kids who are coming home from school after 3 o'clock because of activities will now have to cross the street between parked cars. Also, as you are well aware Braddock is a busy street. We knew this when we bought our home. We are aware of the traffic issues. The parking lane on Braddock is also the walking lane for the kids as they get off the school bus in the afternoon. I go to the bus stop on the north end of Pennsylvania and Braddock Trail everyday to walk home with my kindergartner. I watch cars as they come around the curve on Braddock and drive over the white line that is supposed to be our safe path home. People drive over that line all the time. Without that line how are my children and the other kids on my block supposed to get home safely. At least now we have a few feet of protection. We would literally have a few inches of free space without that parking lane. You take away this parking lane and the kids are in danger. The winter would be especially dangerous with nowhere to go to with snow piled up in the yards. If the true point of this whole discussion is safety, please consider the safety of the people who live on this street. The people who are coming to the area for games, etc., have adequate parking in the lots at the school off of Braddock and off of Northview Park Road. That lot sits empty most of the time. I don't 13~ think the consideration should be more parking. Please take a moment and consider the people who live on this street. Our opinions matter. Sincerely, L^JA Y Agenda Information Memo May 20, 2003 Eagan City Council A. PRELIMINARY SUBDIVISION (PINEY WOODS) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Rezoning from Agriculture to R-1, Single-family Residential and a Preliminary Subdivision to create ten single-family lots on 4.9 acres located at 4650 Dodd Road, east of Dodd Road and south of Cliff Road, in the NW 1/4 of Section 36, subject to the conditions listed in the APC minutes. FACTS: • The site is adjacent to Holz Farm Park to the east, and is located within the Shoreland Overlay District of Holz Lake. • There is an existing single-family home on the site was built in 1967. • Street access into the site is provided via Dodd Road. • The site is guided LD, Low Density residential. • The proposed subdivision and development satisfies the lot dimensional standards of both the R-1 and Shoreland Overlay zoning districts. Each lot will be subject to a maximum of 20% impervious coverage. • The development will be subject to cash dedications for parks for ten lots. Trails dedication will be fulfilled through construction of a sidewalk through the site, designed to provide future access to Holz Farm Park. • Tree Preservation is proposed to be accomplished primarily through transplanting of existing trees from this property back into the Piney Woods development as well as to other development sites within Eagan. • The Advisory Planning Commission held a public hearing on April 22, 2003, and did recommend approval, subject to the conditions in the APC minutes. ISSUES: Because of the visibility of this site from Holz Farm Park, the APrC recommended that a conservation easement be included that restricts construction and vegetation removal within the easterly 15 feet of this development. ATTACHMENTS (2): April 22, 2003, APC Minutes, pages throucyb/ Staff Report, pages I UR through ~~3 9 City of Eagan Advisory Planning Commission Meeting Minutes' April 22, 2003 a' L Page 7 D. REZONING & PRELIMINARY SUBDIVISION - MANLEY LAND DEVELOPMENT A Rezoning of approximately 4.9 acres from A (Agriculture) to R-1 (Single Family Residential) and a Preliminary Subdivision (Piney Woods) to create ten single family lots, located on the east side of Dodd Road, north of McFaddens Trail at 4650 Dodd Road in the north half of Section 36. Member Steininger was absent for the remainder of the meeting. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 16, 2003. She noted the background and history. Frank Blundetto, Manly Land Development, stated agreement with the Staff Report as presented. He questioned the addition of a sidewalk, which would increase the impervious area within the development. Chair Huusko opened the public hearing. Resident Julie Anderson stated concern with the 16-foot easement. She asked that it not become a sidewalk, unless a berm or barrier is provided for the homes. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Planner Dudziak explained that the City is recommending that the storm water pipe area remain a mowed grass area and footpath, not a paved sidewalk or trail. She stated the sidewalk recommendation is to provide an intersection crossing to the existing trail along Dodd Road. Mr. Blundetto stated construction would begin in late summer and continue to the summer 2004. Member Gladhill stated he is satisfied with the proposal. Member Gladhill moved, Member Hey] seconded a motion to approve a Rezoning of approximately 4.9 acres from A (Agriculture) to R-1 (Single Family Residential) to create ten single family lots, located on the east side of Dodd Road, north of McFaddens Trail at 4650 Dodd Road in the north half of Section 36. All voted in favor. Motion carried 6-0. Member Gladhill moved, Member Heyl seconded a motion to approve a Preliminary Subdivision (Piney Woods) to create ten single family lots, located on the east side of Dodd Road, north of McFaddens Trail at 4650 Dodd Road in the north half of Section 36 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: Al, BI, B2, B3, B4, Cl, C2, C3, D1, and E1 2. The property shall be platted. /~V City of Eagan Advisory Planning Commission Meeting Minutes April 22, 2003 Page 8 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. This development shall meet the City's water quality requirements by expanding stormwater treatment capacity of Pond LP-28.1 at least an additional wet-pond volume of 0.30 acre-feet and at least an additional surface area of 0.19 acres. The modifications to the existing stormwater treatment pond shall be consistent with NtW standards of a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 5. This development shall dedicate 33 feet of one-half right-of-way along Dodd Road. 6. The developer shall dedicated temporary public easement over the temporary cul-de-sac at the north edge of the development. 7. The proposed tree preservation plan shall be revised to reflect all large growth plantings outside of the drainage & utility easement over the existing storm sewer pipe along the south edge of the development. 8. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 9. The applicant shall transplant three-hundred twenty-two (322) trees from this site back onto this site and onto other sites elsewhere in the City, per the following specifications. Transplant trees shall: a. be moved with a 90" tree spade, b. be watered as needed per specs, c. be mulched with wood chips out to a radius extending 12" beyond the 90" tree spade area, d. be moved before grading takes place, e. not be moved during period of new growth, f. not be moved after mid September. If the transplanting plan does not work out or if transplanted trees do not survive, similar replacement trees meeting City specifications shall be provided from nursery stock, subject to approval by the City Forester. 9. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 10. This development shall fulfill the trail dedication requirements by providing a minimum six- foot concrete sidewalk along the south and east sides of the street extending from Dodd Road through the development, built in accordance with applicable City design standards. 11. A conservation easement restricting the installation of any structures or fences, and protecting the reestablished trees within 15 feet of the easterly property line of the Piney Woods development shall be prepared at the time of final subdivision and recorded against the property with the final plat. City of Eagan Advisory Planning Commission Meeting Minutes R April 22, 2003 Page 9.. 12. The development shall be responsible for a cash parks dedication. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 16, 2003 CASE: 36-RZ-01-02-03 36-PS-02-02-03 APPLICANT: Manley Land Development HEARING DATE: April 22, 2003 PROPERTY O`VNER: Dale Tessmer APPLICATION DATE: March 19, 2003 REQUEST: Rezoning/Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 4650 Dodd Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST Manley Land Development is requesting approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, and a Preliminary Subdivision to create ten lots upon 4.9 acres located at 4650 Dodd Road, on the east side of Dodd Road and south of Cliff Road in the NW t/4 of Section 36. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the Council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. Planning Report - Piney Woods April 22, 2003 Page 2 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. 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, vegetation, 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. H. 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, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with 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 /Y4/ Planning Report - Piney Woods April 22, 2003 Page 3 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." BACKGROUNDMISTORY The site is unplatted and contains an existing single-family home which was constructed in 1967, a detached garage, and another accessory structure. EXISTING CONDITIONS The land has both wooded and open areas, and generally slopes from west to east toward Pond LP-28.1 and Holz Farm Park. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family R-1, Single Family LD, Low Density Residential Residential Residential South Single Family R-1, Single Family LD, Low Density Residential Residential Residential East Holz Farm Pak P, Park P, Park West Single Family A, Agriculture, and LD, Low Density Residential R-1, Single Family Residential Residential EVALUATION OF REOUEST Compatibility with Surrounding Area - The proposed single-family use is consistent with development in the surrounding area, which also consists of single-family residential uses. The exception is the adjacent property to the east, which is a City park, Holz Farm Park. Single- Family residential development is considered to be a use that is compatible with a park. Airport Noise Considerations - The property lies outside the airport noise policy zones. Density - The proposed development of 10 lots on 4.9 acres has a gross density of 2 units per acre. Planning Report - Piney Woods April 22, 2003 Page 4 Shoreland Zoning - The property is located within the Shoreland Overlay District of Holz Lake (DNR #19-64), which is classified as a General Development lake. The Shoreland Ordinance establishes standards for development which are to be applied in addition to the underlying or base land use zoning, in this case R-1 (Single-Family Residential). In the joint application of both base zoning and shoreland zoning standards, the most restrictive regulations apply. The Shoreland zoning distinguishes between riparian and non-riparian lots; although several of the proposed lots front on a pond, none of these lots abuts Holz Lake, the state-protected waterbody to which the Shoreland regulations apply, and therefore, the non-riparian Shoreland zoning standards apply to all lots within this development. The R-1 and Shoreland zoning standards are summarized in the following table. The governing standard is shown in bold italics. Building Lot Lot Lot Width at Setbacks Height Coverage Size Width Shorelin (max.) (max. R-i 12,000 s .f. 85' N/A Front 30' 2 %Z 20% bldg. Side: stories coverage 10' house area 5' garage Rear 15' Shoreland Avg. Size 75' N/A Determined by 35' 25% 12,000 s.f, applicable zoning impervious district provisions surface Lots - The ten lots proposed range from 12, 684 sq. ft. to 20,890 sq. ft. in area, which satisfies both the R-1 and Shoreland zoning standards. The average lot size is 16,506 sq. ft. All of the lots satisfy the minimum 50 feet of frontage on the public street, and 85 feet of width at the front building setback line. Development on each lot is subject to the restrictions in the table above 20% maximum building area coverage, and 25% maximum impervious surface coverage, the lesser of 2-1/2 stories or 35' maximum structure height. A 40-foot setback from the Dodd Road right-of-way is required. Grading - The preliminary grading plan is acceptable with modifications. The site generally slopes to the east to Holz Farm Park, with elevations ranging from 934 to 918. Erosion Control - This development is subject to the City of Eagan Land Disturbance and Erosion Control Regulations (Sec. 4.32, City Code), which require proper installation and effective maintenance of erosion control practices to prevent and minimize soil loss and impacts to down-gradient resources and water quality. Planning Report - Piney Woods April 22, 2003 Page 5 Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain via public storm sewer to Pond LP-28.1 (as designated in the City Storm Water Management Plan - 1990), an existing storm pond within Holz Farm Park. Pond LP-28.1 is proposed to be expanded into the site to accommodate the additional drainage from the development. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity is available for connection within Dodd Road along the west edge of the development. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation - Public street access for the development will intersect with Dodd Road, directly aligned with Rosa Court across Dodd Road. Dodd Road, from Cliff Road to the Eagan/ Rosemount border, was upgraded to an urban street with concrete curb and gutter and storm sewer in 2002. The developer is proposing to construct a temporary cul-de-sac on the main street through the development at the northern edge of the site. This street will be extended north with the possible future development of Parcel 040-25. A temporary public easement will be needed for this cul- de-sac. Water Quality/Wetlands - The development site is located in the City's L-watershed. The parcel is most closely associated with Holz Lake, which is considered a Class II-Indirect Contact Recreation waterbody by the City's water quality management plan. Because of the size and location of the parcel and the nature of the proposed development, this project is subject to several requirements and considerations related to water quality. The proposed development is required to meet the City's water quality provisions to treat all stormwater runoff from the site. The developer proposes to do so by directing stormwater from 4.25 acres to a treatment basin that would be expanded to accommodate the additional detention capacity. Requirements for volume and area of water quality treatment ponds are based on the proportion of impervious area (i.e., land covered by buildings, parking lots, driveways, and walks). The developer proposes the 4.25-acre drainage area to be 28% impervious. Therefore, to accommodate the additional runoff proposed from this development, the existing treatment pond would need to be expanded at least 0.30 acre feet in wet-pond volume and at least 0.19 acres in surface area. Stormwater from the remaining 0.65 acres of the site is proposed not to be treated, and therefore this land area would be subject to a cash dedication in lieu of ponding. There are no jurisdictional wetlands on this parcel. Planning Report - Piney Woods April 22, 2003 Page 6 Easements/ Permits/ Right-of-Way - This development should dedicate 33 feet of one-half right- of-way along Dodd Road, as shown on the preliminary plat. The developer should dedicated temporary public easement over the temporary cul-de-sac at the north edge of the development. The proposed tree preservation plan should be revised to reflect all large growth plantings outside of the drainage & utility easement over the existing storm sewer pipe along the south edge of the development. Tree Preservation - A tree inventory submitted with this application indicates that there are five-hundred fifty-six (556) significant trees in the inventory. Individual tree size and species breakdown is as follows: Species Avg. Diameter Dia. Range Count Percent of Total Red Pine 8" 5"-15" 367 67% Spruce 8" 3"-145 77 14% Scotch/White Pine 4" 3"-5" 61 11% Oak 13" 8"-15" 14 3% The balance of the tree inventory is comprised of silver maple, cottonwood, aspen, walnut, Russian olive and ash trees with diameters averaging about 15". The development as proposed will result in the removal of one-hundred eighty (180) significant trees (32 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single-lot, residential) is set at 40.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. In an effort to maximize tree preservation efforts on this site, the applicant will be transplanting three hundred twenty-two (322) conifer trees from this site to a "safe site," then back onto this site, as well as to other Manley developments in Eagan such as Manley Addition and Natures Edge. Per specifications included with this application's Tree Preservation Plan, transplant trees shall: 1. be moved with a 90" tree spade, 2. be watered as needed per specifications, 3. be mulched with wood chips out to a radius extending 12" beyond the 90" tree spade area, 4. be moved before grading takes place, 5. not be moved during period of new growth, 6. not be moved after mid-September. Planning Report - Piney Woods April 22, 2003 Page 7 The developer should note that if the plan to preserve existing trees by transplanting does not work out, or if the transplanted trees do not survive, similar replacement trees meeting City specifications will need to be provided from nursery stock, subject to approval by the City Forester. Parks and Recreation - This development is located adjacent to Holz Farm Park, a neighborhood park which services an area roughly bounded by Lebanon Hills on the west, Cliff Road on the north and Highway 3 on the east and south. The ongoing development/redevelopment of properties along both sides of Dodd Road raises the issue of connection to Holz Farm Park from the west. A north/south off-road trail was recently installed on the west side of Dodd Road as part of a more comprehensive street upgrade project. The trail provides a linkage to the existing City wide trail system north of Cliff Road. The City currently owns a 16.5-foot wide strip of undeveloped property along the south side of the proposed Piney Woods development that is not promoted and is seldom used. One of its primary purposes is to allow access to the newly created storm water pond though informal use for park access is allowed. This corridor would be mowed and maintained. At its regular meeting on April 14, 2003, the Advisory Parks and Recreation Commission (APrQ recommended that a sidewalk be installed along the street leading into the development that is designed for extension to the north in the future. A sidewalk in this location would provide the potential for an intersection crossing to the trail on the west side of Dodd Road (within Natures Edge Addition). The sidewalk could also be extended to the north with development of the adjacent property, and provide a trail connection into Holz Farm Park at the anticipated primary access corridor into the Park. Construction of this sidewalk will satisfy this development's trail dedication requirements. Because of the high visibility of the development from the adjoining park and historic farm site, the APrC also considered the inclusion of a conservation easement that would restrict the use of a 15-foot buffer strip between the park/farm and the Piney Woods development. This easement could also protect the vegetative buffer that will be established by the trees transplanted along the east edge of the site after grading has occurred. The development shall be responsible for a cash parks dedication. Setbacks - Structure setbacks are discussed in the Shoreland Zoning section of this report. SUMMARY/CONCLUSION In summary, Manley Land Development is requesting approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, and a Preliminary Subdivision to create ten lots upoq 4.9 acres located at 4650 Dodd Road. The proposed rezoning appears consistent with the Comprehensive Land Use Guide Plan and with surrounding development. The development will Planning Report - Piney Woods April 22, 2003 Page 8 be subject to both the zoning standards for both the proposed R-1 zoning district and the Shoreland Overlay District. Since much of this development's tree preservation is proposed to be accomplished through relocation of trees, special care will need to be taken to ensure their long-term survival in the new location. Also, the final landscape plan will need to be revised to locate large growth trees outside of easement areas. Because of this development's location adjacent to Holz Farrn Park, it is desirable to establish a trail connection from Dodd Road to the park through this development. The Advisory Parks and Recreation Commission recommended that a sidewalk be established along the south and east sides of the street leading into the development from Dodd Road, and brought to the north boundary of the development for future extension to the north. In addition, the AP`rC recommended that a conservation easement be established that restricts placement of structures and fences within a 15 foot buffer of Holz Farm Park. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, and a Preliminary Subdivision to create ten lots upon 4.9 acres located at 4650 Dodd Road, on the east side of Dodd Road and south of Cliff Road in the NW '/4 of Section 36. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, Bl, B2, B3, B4, Cl, C2, C3, Dl, and El 2. The property shall be platted. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. This development shall meet the City's water quality requirements by expanding stormwater treatment capacity of Pond LP-28.1 at least an additional wet-pond volume of 0.30 acre-feet and at least an additional surface area of 0.19 acres. The modifications to the existing stormwater treatment pond shall be consistent with NURP standards of a .maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 5. This development shall dedicate 33 feet of one-half right-of-way along Dodd Road. 6. The developer shall dedicated temporary public easement over the temporary cul-de-sac at the north edge of the development. Planning Report - Piney Woods April 22, 2003 Page 9 7. The proposed tree preservation plan shall be revised to reflect all large growth plantings outside of the drainage & utility easement over the existing storm sewer pipe along the south edge of the development. 8. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 9. The applicant shall transplant three-hundred twenty-two (322) trees from this site back onto this site and onto other sites elsewhere in the City, per the following specifications. Transplant trees shall: a. be moved with a 90" tree spade, b. be watered as needed per specs, c. be mulched with wood chips out to a radius extending 12" beyond the 90" tree spade area, d. be moved before grading takes place, e. not be moved during period of new growth, f. not be moved after mid September. If the transplanting plan does not work out or if transplanted trees do not survive, similar replacement trees meeting City specifications shall be provided from nursery stock, subject to approval by the City Forester. 9. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 10. This development shall fulfill the trail dedication requirements by providing a minimum six-foot concrete sidewalk along the south and east sides of the street extending from Dodd Road through the development, built in accordance with applicable City design standards. 11. A conservation easement restricting the installation of any structures or fences, and protecting the reestablished trees within 15 feet of the easterly property line of the Piney Woods development shall be prepared at the time of final subdivision and recorded against the property with the final plat. 12. The development shall be responsible for a cash parks dedication. i STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. 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 professional 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. /S~ 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. 9 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 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 Trails Dedication 1. 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 Quality Dedication 1. 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 Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. AI subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSx5 STANDARO.CON 15,3 II FINANCIAL OBLIGATION-Piney Woods Preliminary Subdivision There are pay-off balances of special assessments totaling $40,000on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel 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 property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Trunk S.F. $1,015/Lot 10 Lots $10,150 Water Lateral S.F. 22.63/F.F 510 F.F. 11,541 Sanitary Sewer Lateral S.F. 24.00/F.F 510 F.F. 12,240 4 in. San. Sewer 1 in Water S.F. $1,235/Pair 1 Pair 1,235 8 in San Sewer 6 In Water S.F. 3,590/Pair 1 Pair 3,590 Storm Sewer Lateral S.F. 26.30/F.F: 773 F.F. 20,330 Storm Sewer Trunk S.F. .0925/Sq. Ft. 156,466 Sq. Ft. 14,473 Total $73,559 O Eagan Boundary Location Map M°~~~'M Bulidltag FootpAM b 146171•fahaR'1~IS~•fM•I♦Irl'/ • r ~y b • ! a • 10, y C ~ w • war 4 r• e ~ r a•• g j I r ♦ - ■ r a g' ` ! • t ® / . y as • lad as b%d a, • w ~ a w r r r ti i •9 ■ • • P ♦ ° do r a d w 1/ • d. i .~0; • r t■ w Subject Site r a a 9 a ~ ~ 3 ~ O 3 t t ~ t i ~ ! ata• 16 ' ! • 4 ~ - i 1000 0 1000 2000 Feet Development/Developer. Piney Woods Application: Preliminary o Case No.: 36-PS-02-02- leap Prepared winp ERSISI Arclwlew 3.7. Parcel baw map data provided N by Dakota County 0111ce of GIS and is current as of February 2003 city of aagan / THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are t.e.nrrwatty Owet.pwent OePartn■nt not responsible fur errors or omissions. 5 Manley Land Development Current Zoning and Comprehensive Guide Plan Case Nos. 36-PS-02-02-03 Land Use Map 36-RZ-01-02-03 Zoning Map ® i R Current Zoning: . A A Agricultural kA 11 P ss. t Location A R-1 e~ ® r+ ~I I a• a se• uN La rl I / Comprehensive Guide Plan L Land Use Map L II . LO Current Land Use Designation: LD V-k `D ~r Low Density Residential LID D Location . LD ` N• • •N ti•• /wt ~ 10001- 1 tr.- m- ak.la C-ty L-A S-Y D-P-" 3-$*-b.r 7003. 1.Mny Inform-IM nteinl-M-e by City Std. *City of Eagan y , W E THIS MAP 1! INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ,LV'Id 'WI'ISHd ,11101; F EE Q~~y4s~c z L3 p s$°Q~Eki 4 ~Y c E R k ~ ~ . r is~f~s~e3~a~s z W a o J W - O +41 7' ~ sEc ff ~-ir J a rr a z ' J ,T~ -mow zr------- ------b _ T;' T t c1d n ~ i1 ■ r Y LJ 6 n 3 r ! ~ a l ! J a ~ ~ • O ii '2L N„ ~t ° ~ a ~C7 r r. 2:.2! i t ! .D r 1 r F ~ ^ lJ t ! t~ ° z `A ! ` R R 1 FjJ ~ ~ r Z C SNO111CI tOO ONIZSIX3 EJ ~ 1 N Y W F r aZ , \ +f I ! III 1 1 M! 'K..' \ IrN _ 1 gu ~ F-~- 111 \ ~ ~ I \I \ I 1 /A I j \ \ \ 01 i,>•,,~ / III \ \ \ / ! I!-~ o F ~ T 1 \ I i' ' I I I X fit r t !i r ! s ~i Z NV Id :9115 a g ~ - 6 lp i Wit; ~ ~ . LO M M W COM z Z F LL) a 6 it@ oil O d 0 >~b~$ V f u Low M> W~ Z Q«< QZZZZ d z m m z m {~J PM =1:3:3 r Xtrcrm~ inwaaaa z z W CV ri d ui (d < g $ p W O E ~ ~e ?lih"c: U) Z CL ' ~I I J I I W Cf) _J V) p w ! i I I N O z - - ~ a n W i Z t I~I A LLI ! l 1 1 W 1 1 I ~ I 1 / • i- RCS-C"~r----- O i o! / 1 I I F Est 1•; y~~'r#{ ~!!t ~Tt' iii 1 t , NV Id NIGVH J . W I'IgHd lit IM a ~ ~-3n5 1 = s C CL E ` E ~ ~ Z j q, $ d ~ o 0 Z J ~ ~ ~ ~ i II ; it r\ ~ < / lit i i < ,tt p~ E <t-n 1'i E L) ~Wn ttt t wN~o tit n L fit Gp N < W t s _ a r t o 1< w ~ D nDW~~ } a a W ~ i Ill } z •~~~i i III ~~'111I ~wWaaco w III I N W F=;= I I III Ii ~j:: dm 0:0: ~52U'4JW a. CL uV'1a A11T fl - W i12xa ' - e «iw I I I I' Z iii.' l o l to o~• I I 666 III III r 2 W _ aa~ O J W O O 2 W 1 ~ J 1 Z I x.! I 1 !vr - {f Ii 'I I a 1 ~ + I < _ , I z r Ca 6!r Hal R` r I N I R>< !r i 1 ~ I 1 a I I N = 1 I I 0 ~ !r ~Y Rr I I ~ a !r 2~ i ~qlr O I ' I • 1 !r It 1 r rrf ;s} r i e t NV Id NOIZVAH21SSHd 33HI .Ys t 8N 1 r INS& o _ p \ F\ Z Ay6 $ ° ~ a iii d FFF ~ i I J T 1 I I e ! Ic tp; \ f / / I Q~ \ ~ , I 1 ' is i 1 \ z> \\~-y/ I ! \ as X jj It 09 y K t~ o O N ~ ry ~ ° C It g N N tf1 9i 4! t1 ~ c ~ ~ ~ T { e • ~ t~ r t ~ l S ' U w R ti... = r 1! $ na rn n f~S i ~ LL -C 01, In In .0 o 'E Z iii i I ~i ~i z g mum f=it ~a` 1! 6)fn1~ ,s 3 ~ • > ® R ~E6d• tE flfl({E 1 96 ° J U• 1 1` g i i 1 if !~IEt• ` tl .C o W ° In inz H E S fi? Y S t r 1 V1 • t • i IV Id ' Y1II12Hd ~tF'E lt~ ' ~ QNQQ 3 W a 1s • , Z lid 4 _ ie~iFls~ s r c C% o a - ~ N ~ -I 1i~t z AN, cz-~ 0 us J i ` ~ a J I LIE? ME 4 :!t: I:( ca u~~QMIMMHUNHNNIIIiNINII ==;3 c L.j mss.. . • . _ r: 7: r'r::. ! j F j . 1 \ P i Agenda Information Memo May 20, 2003, Eagan City Council Meeting B. A PRELIMINARY SUBDVISION (SIENNA WOODS) - MANLEY LAND DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve a Preliminary Subdivision to create seven single family residential lots and one outlot located at 4795 Dodd Road in the NW '/4 of Section 36; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • There is an existing single family home located on the subject parcel. The home will remain after subdivision and is required to hook up to public sanitary sewer and water services upon development. • The proposed subdivision will have access via Red Pine Lane and Dodd Road. • The proposed subdivision is located within the Shoreland Overlay District and is subject to the applicable requirements. • The Advisory Planning Commission held a public hearing on April 22, 2003, and are recommending approval; subject to the conditions in the APC minutes. ISSUES: • The proposed development is located in the area that drains to Lebanon Hills Regional Park. The park has experienced several significant flooding events in recent years. Due to this flooding the Dakota County Parks Department has encouraged the City Council and staff to consider the application of "Low Impact Development" standards on all new developments within the Park watershed. • Staff recommends that the Oulot be combined with Lot 1, Block 1, Sienna Woods Addition. ATTACHMENTS (3): Advisory Planning Commission Minutes ppa c(s)" /d Planning Staff Report page s~hrough/ 8 I r / / y ; / 1, ,-c Letter from Dakota County Parks page ~~t r ~6 - City of Eagan Advisory Planning Commission Meeting Minutes s April 22, 2003 /r Page 10 E. REZONING & PRELIMINARY SUBDIVISION - MANLEY LAND DEVELOPMENT A Rezoning of approximately five acres from A (Agriculture) to R-1 (Single Family Residential) and a Preliminary Subdivision (Sienna Woods) to create seven single family lots, located at 4795 Dodd Road in the NW '/4 of Section 36. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated April 14, 2003. She noted the background and history. She stated a correction on the Staff report indicating that there will be eight single-family lots instead of seven. Mr. Blundetto asked that condition 11 be modified. He explained that the wetland would not be disturbed. Chair Huusko opened the public hearing. Two residents came forward stating concerns for the drainage, prior inconveniences with Dodd Road improvements, assessments to their property, and other unfinished subdivisions by this development in the area. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Planner Dudziak stated the Advisory Parks and Recreation Commission was concerned with the construction activities and erosion control and recommend that the retaining wall be constructed before the home. Paul Thomas, Pioneer Engineering discussed alternative methods for retaining stormwater on the site as suggested by Dakota County the rain garden option, enhanced infiltration and buffer strip. Member Hey] explained that the proposal meets the current City Code and County regulations. She stated if changes are to be made to the City Code, City Council could direct that. She stated condition 11 should be amended to read: 11. A 30-foot buffer of undisvmlged land shall be maintained before, during and after construction to protect the wetland _AFAM; uthe ed impaets. Member Hey] moved, Member Bendt seconded a motion to approve a Rezoning of approximately five acres from A (Agriculture) to R-1 (Single Family Residential) to create eight single family lots, located at 4795 Dodd Road in the NW '/4 of Section 36. All voted in favor. Motion carried 6-0 Member Heyl moved, Member Gladhill seconded a motion to approve a Preliminary Subdivision (Sienna Woods) to create eight single family lots, located at 4795 Dodd Road in the NW '/4 of Section 36 subject to the following conditions as amended: City of Eagan P Advisory Planning Commission Meeting Minutes April 22, 2003 Page 11 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 2, 3, 4, Cl, 2, 3, D1, and E1 2. The property shall be platted. 3. The accessory structure located on Proposed Lots 3 & 4 shall be removed. 4. All applicable provisions of the Shoreland Ordinance shall apply to the development of the property. 5. The developer shall be responsible for cash parks and cash trails dedication. 6. The required tree mitigation plan shall be complete upon installation of one hundred sixty (160) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). 7. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on site. 8. The developer shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. And inform the City Forestry Division as to the timing of tree replacement activities. 9. This development should meet the City's water quality requirements by constructing storm water treatment capacity of at least 0.28 acre-feet of wet-pond volume within at least 0.17 acres of surface area. The storm water treatment pond should have a maximum depth of 6 feet and a 10:1 aquatic bench beginning at the normal water level. 10. No draining, filling, or excavation of the delineated wetland shall be permitted unless the developer follows the appropriate process and meet the requirements of the Minnesota Wetland Conservation Act, which may allow said impacts. H. A 30-foot buffer of undistur-bed land shall be maintained before, during and after construction to protect the wetland . 12. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 13. The existing house on Lot 7 shall be connected to public sanitary sewer and water service with this development. 14. The developer shall construct a pedestrian curb ramp in the southwest comer of the intersection of Dodd Road and Red Pine Lane to accommodate pedestrian circulation. 15. The proposed street shall be constructed with a temporary cul-de-sac turnaround with a pavement diameter of a minimum of 90 feet, in accordance with City code. /66 City of Eagan Advisory Planning Commission Meeting Minutes t April 22, 2003 Page 12 16. The houses on Lots 1 through 4 shall be constructed with sanitary sewer service pumps in accordance with City standards and applicable plumbing codes. 17. This development shall dedicate 40 feet of one-half right-of-way along Dodd Road. 18. Outlot A shall be combined with Lot 1, Block 2, Sienna Woods Addition. 19. The proposed retaining wall for Lot 2 shall be constructed with the overall grading on Lot 2 prior to issuance of a building permit for Lot 2. All voted in favor. Motion carried 6-0. /6~ PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2003 CASES: 36-PS-03-03-03 36-RZ-03-03-03 APPLICANT: Manley Land Development HEARING DATE: April 22, 2003 PROPERTY OWNER: Christine Blissenback APPLICATION DATE: March 19, 2003 REQUEST: Rezoning & Preliminary Subdivision PREPARED BY: Sheila O'Bryan LOCATION: 4795 Dodd Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST Manley Land Development is requesting a Rezoning of five acres from A (Agriculture) to R-1 (Residential Single Family) and a Preliminary Subdivision (Sienna Woods) to create eight single family lots and one outlot located at 4795 Dodd Road in the NW 1/4 of Section 36. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "ln 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: /4 Planning Report - Sienna Woods April 22, 2003 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. 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, vegetation, 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. H. 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, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with 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." /6 ~ Planning Report - Sienna Woods April 22, 2003 Page 3 BACKGROUND/HISTORY The subject property is zoned A, Agriculture and consists of about 5 acres. The property is not platted. There is an existing house on the property that was built in 1968. EXISTING CONDITIONS The subject property falls within the Shoreland Overlay district, General Development Lake standards apply. There is a wetland present on the west side of the property. The existing house is on the east side of the property, and has access via Dodd Road. There is also a detached existing building on the northern portion of the property. The lot appears has moderate woodlands and miscellaneous vegetation. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single family A, Agriculture LD, Low Density dwelling Residential South Single family A, Agriculture LD, Low Density dwelling Residential East Single family R-1, Residential LD, Low Density dwelling Single district Residential West Dakota Count Park P, Park P, Park EVALUATION OF REQUEST 1. Rezoning Comprehensive Guide Plan - The Land Use Plan map indicates this property is designated LD, Low Density Residential, which allows residential development with a density range from 0 to 4 units per acre. The applicant is proposing to rezone the property from A, Agriculture to R-1, Residential Single and subdivide the property into 7 single family lots and one outlot. The proposed zoning is consistent with the Land Use designation. II. Preliminary Subdivision Planning Report - Sienna Woods April 22, 2003 Page 4 Compatibility with Surrounding Area - The surrounding properties consist of single family residential uses and a County Park. Additional single family dwellings are compatible with the surrounding area. Airport Noise Considerations - The proposal does not fall within the airport noise contours and should have minimal impact from the airport. Density - The gross density (excludes outlots) is 1.63 lots per acre. The Comprehensive Guide Plan allows residential density of 0 to 4 units per acre for Low Density land use designation; the proposed density complies with the land use designation. Lots - The proposed lots range from 12,004 to 54,490 square feet in area. The minimum lot size requirement in an R-1 zone is 12,000 square feet; all the lots comply with this requirement. The minimum lot width is 85 feet and 50 feet for a cul-de-sac lot. The proposed lots meet this standard. Access will be via the Red Pine Lane extension and Dodd Road. The existing home will remain on Lot 7 and will have access via Dodd Road and/or Red Pine Lane. Access to Lot 6 is from Dodd Road. The out building will be removed with development. Outlot A is an unbuildable parcel and should be combined with Lot 1, Block 2, which can later be subdivided as necessary. Setbacks - The following minimum setbacks are required for all buildings in the proposed development: Front yard (Dodd Road) 40 feet Front yard (Red Pine Lane) 30 feet Side yard Dwelling 10 feet Garage 5 feet Rear yard 15 feet Shoreland Ordinance Requirements - The City of Eagan Shoreland Zoning Ordinance (Sec. 11.2 1, City Code) applies to development of this parcel because most of it (approximately that portion east of the wetland) is located within 1,000 feet of the ordinary high water level of Fitz Lake, which is one of the City's public water lakes (DNR# 19-0077). According to the ordinance, the lake is classified as a General Development Lake. Shoreland overlay district dimensional requirements for such lakes include 12,000 square-foot minimum average lot areas, 75-foot minimum lot widths at building setback lines, 35-foot maximum structure heights, and 25- percent maximum impervious surface coverage per lot. Landscapins - A landscape plan is not required for single family development. Grading - The preliminary grading plan is acceptable with modifications. The site generally slopes west to the wetland along the west border of the property and Lebanon Hills Regional Park with elevations ranging from 940 to 907. The proposed retaining wall for Lot 2 should be constructed with the overall grading on Lot 2 prior to building permit application for Lot 2. / ;71 Planning Report - Sienna Woods April 22, 2003 Page 5 Storm Drainage -The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain via public storm sewer to a new water quality and rate control pond on Lots 2 and 3 before discharging to Pond LP-22 (as designated in the City Storm Water Management Plan - 1990). Pond LP-22 is located partially on this property and on Lebanon Hills Park property. This proposed development is located in the area that drains to Lebanon Hills Regional Park. The Park has experienced several significant flooding events in recent years. Due to this flooding, the Dakota County Parks Department has encouraged the City Council (August 13, 2002 Special Council meeting) and staff to consider the application of "Low Impact Development" standards on all new developments within the Park watershed, to help reduce the volume of storm water runoff entering the Park. Low impact development options exist to reduce storm water runoff from a development area, including rain gardens, infiltration basins, and grassy swales. City codes or policies currently do not exist regarding low impact development standards. City staff requests discussion and direction from City officials regarding this issue. Wetlands/Water Quality - This 5.1-acre development would be located in the southeast corner of Eagan, which is in the City's L-watershed. The parcel is most closely associated with Fitz Lake, which is a Class II-Indirect Contact Recreation water body in the City's water quality management plan. Because of the size and location of the parcel and the nature of the proposed development, this project is subject to several requirements and considerations related to water quality. The proposed development is required to meet the City's water quality provisions to treat all storm water runoff from the site. The developer proposes to do so by directing storm water to a two-cell treatment basin. Requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). The developer proposes the site to be 20 percent impervious. Therefore, to accommodate the additional runoff from this development, the treatment pond would need to have at least 0.28 acre feet in wet-pond volume and at least 0.17 acres in surface area. According to a preliminary report submitted April 2, 2003, a wetland is located at the western portion of the site. Under the classification system of the Fish and Wildlife Service, this wetland is classified as Type 3. Type 3 wetlands are inland shallow fresh marshes that are permanently inundated with six or more inches of water during the growing season. Type 3 wetland vegetation may include grasses, bulrushes, and various other marsh plants such as cattails, arrowheads, and smartweeds. The wetland is connected via an excavated channel to DNR public water wetland #19-0388W- also known as Marsh Lake-in Lebanon Hills Regional Park. The wetland on the proposed development parcel is under the jurisdiction of the Minnesota Wetland Conservation Act, which is administered locally by the City. Any proposals to drain, fill, or excavate these wetlands need Planning Report - Sienna Woods April 22, 2003 Page 6 to meet the provisions of these laws. No impacts to the wetland appear to be proposed by this development. Utilities - The preliminary utility plan is acceptable. Water main of sufficient size, depth and capacity is available for connection within Dodd Road along the east edge of the development. Sanitary sewer of sufficient size and capacity is available for connection and extension within Dodd Road. The depth of the sanitary sewer is not sufficient to provide gravity sanitary sewer flow to the basement elevations of the proposed houses on Lots 1 through 4. The houses on these lots should be constructed with sanitary sewer service pumps in accordance with City standards and applicable plumbing codes. The existing house on Lot 7 should be connected to public sanitary sewer and water service with this development. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/Access/Circulation - Public street access for the development will intersect with Dodd Road, directly aligned with Red Pine Lane across Dodd Road. Dodd Road from Cliff Road to the Eagan/ Rosemount border was upgraded to an urban street with concrete curb & gutter and stonn sewer in 2002. The developer is proposing to stub the main street through the development to the southern edge of the site. This street will be extended south with the possible future subdivision of Lot 1, Block 1 Moroni Addition. The proposed street should be constructed with a temporary cul-de-sac turnaround with a pavement diameter of a minimum of 90 feet, in accordance with City code. The developer should construct a pedestrian curb ramp in the southwest corner of the intersection of Dodd Road and Red Pine Lane to accommodate pedestrian circulation. Easements/Rights of Way/ Permits - This development should dedicate 40 feet of one-half right- of-way along Dodd Road, as shown on the preliminary plat. Tree Preservation - A tree inventory submitted with this application indicates that there are three- hundred forty-eight (348) significant trees in the inventory. The tree inventory is compromised of Red Pines, white Pines, Ash, Spruce of different sizes, as well as Black Cherry, Elm, Cottonwood, Boxelder and Silver Maples. The development as proposed will result in the removal of one-hundred ninety-five (195) significant trees (56 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single-lot, residential) is set at 40.0% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation 123 Planning Report - Sienna Woods April 22, 2003 Page 7 calculates to one-hundred sixty (160) category B trees, or an equivalent combination of Category A or Category C trees. The applicant has submitted a Tree Replacement Plan that indicates the fulfillment of tree mitigation requirements through the on-site installation of seventy-one (71) Category A trees and seventeen (17) Category B trees. Parks and Trails - This development would be subject to a cash parks dedication and cash trails dedication. SUMMARY/CONCLUSION Manley Land Development is requesting Rezoning and Preliminary Subdivision approval to develop a five acre parcel into eight single family lots and one outlot (Sienna Woods). The Rezoning and Preliminary Subdivision complies with the density range designated by the Comprehensive Land Use plan. The proposed subdivision is located in a Shoreland Overlay District that limits the impervious surface to 25 percent for each lot. Overall the site appears to be suitable for the proposed development. This proposed development is located in the area that drains to Lebanon Hills Regional Park. The Park has experienced several significant flooding events in recent years. Due to this flooding, the Dakota County Parks Department has encouraged the City Council (August 13, 2002 Special Council meeting) and staff to consider the application of "Low Impact Development" standards on all new developments within the Park watershed. Low impact development options exist to reduce storm water runoff from a development area, including rain gardens, infiltration basins, and grassy swales. City staff requests discussion and direction from City officials regarding this issue. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of five acres from A (Agriculture) to R-1 (Residential Single Family) on property located at 4795 Dodd Road in the NW '/4 of Section 36. To recommend approval of a Preliminary Subdivision (Sienna Woods) to subdivide 5 acres into eight single family lots and one outlot located at 4795 Dodd Road in the NW 1/4 of Section 36. If approved, the following 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, 3, D1, and E1 2. The property shall be platted. Planning Report - Sienna Woods April 22, 2003 Page 8 3. The accessory structure located on Proposed Lots 3 & 4 shall be removed. 4. All applicable provisions of the Shoreland Ordinance shall apply to the development of the property. 5. The developer shall be responsible for cash parks and cash trails dedication. 6. The required tree mitigation plan shall be complete upon installation of one hundred sixty (160) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). 7. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on site. 8. The developer shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. And inform the City Forestry Division as to the timing of tree replacement activities. 9. This development should meet the City's water quality requirements by constructing storm water treatment capacity of at least 0.28 acre-feet of wet-pond volume within at least 0.17 acres of surface area. The storm water treatment pond should have a maximum depth of 6 feet and a 10:1 aquatic bench beginning at the normal water level. 10. No draining, filling, or excavation of the delineated wetland shall be permitted unless the developer follows the appropriate process and meet the requirements of the Minnesota Wetland Conservation Act, which may allow said impacts. 11. A 30-foot buffer of undisturbed land should be maintained before, during and after construction to protect the wetland from unauthorized impacts. 12. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 13. The existing house on Lot 7 shall be connected to public sanitary sewer and water service with this development. 14. The developer shall construct a pedestrian curb ramp in the southwest corner of the intersection of Dodd Road and Red Pine Lane to accommodate pedestrian circulation. 15. The proposed street shall be constructed with a temporary cul-de-sac turnaround with a pavement diameter of a minimum of 90 feet, in accordance with City code. /75-- Planning Report - Sienna Woods April 22, 2003 Page 9 16. The houses on Lots 1 through 4 shall be constructed with sanitary sewer service pumps in accordance with City standards and applicable plumbing codes. 17. This development shall dedicate 40 feet of one-half right-of-way along Dodd Road. 18. Outlot A shall be combined with Lot 1, Block 2, Sienna Woods Addition. 19. The proposed retaining wall for Lot 2 shall be constructed with the overall grading on Lot 2 prior to issuance of a building permit for Lot 2. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. 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-Wav 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-cf-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 professional 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. ;~2 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. If 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 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 Trails Dedication 1. 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 Quality Dedication 1. 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 Plan, 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 City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSSS STANDARD CON j (J( FINANCIAL OBLIGATION-Sienna Woods Preliminary Subdivision There are pay-off balances of special assessments totaling $24,147 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel 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 property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $975/Lot 8 Lots $7,800 Water Trunk S.F. 1,015/Lot 8 Lots 8,120 Water Lateral S.F. 24.25/F.F 300 F.F. 7,275 Sanitary Sewer Lateral S.F. 24.00/F.F 300 F.F. 7,200 4 in. San. Sewer 1 in Water S.F. 1,235/Pair 1 Pair 1,235 8 in San Sewer 6 In Water S.F. 3,590/Pair 1 Pair 3,590 Storm Sewer Lateral S.F. 26.30/F.F. 300 F.F. 7,890 Storm Sewer Trunk S.F. .0925/Sq. Ft. 175,468 Sq. Ft. 16,231 Total $59,341 /~9 a Eagan Boundary ■ Street Centerline Location Map Parcel Area Building Footprint ~ p O a~ N "u W ~ ~ ~ • ~ ~ 1 U v, , ,v 3 .j ~ e L eT s ~ aY rt s . 7 ~ J t 4r ` 3 w{" Subject Site 3 J ,~1 i1 a 1000 0 1000 2000 Feet Development/Developer. Sienna Woods Application: Rezoning & PreliminaQ bdivsion Case No.: 36-PS-03-03- C ATOD Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of February 2003. q' E Cit of en an THIS MAP IS INTENDED FOR REFERENCE USE ONLY v The City of Eagah and Dakota County do not guarantee the accuracy of this Information and are 5 CommuNty Development Department not responsible for errors or omissions. z` ~ N i S ZZ< W R t ~ gym( m m m _ LA . fl ' I t~ I~1 I 1t ~ i i crib rr i fo t a B Y Y i n f I 8 < t. a 7 z a~ I W 1°}} It I S 4 e I E! i a B all z _f y f e S ~#y,i T !■sae ! t I T2t ~ It i e p e ~ ~ a ~ i i E ~ ~1 ~ r ~t ~ r Z W O J SQ r " O W yy f■fZ Fry 4` ~ C E• Z W LZ r C 4 I ~ VIEW .A✓~i IIOh c C V W ROAD f it ~a DODD J !DODD ROAD W si a.. f ~4 [ f Z ~L-!s 'Z ~C o: ~ ■ I ~fl p r ~v v- ~ o f ■ < I ! ' in 4V ! ' ; l t C p ■ Y r I 5 W~ tV f ■ I y v - r ~ G G 4 o / /1~ 5 SOOOM VNN35 j . to . m? 23 a. z x am yW~ Wmmoh W _ ~N17~Inml"~m t - I rtao 3 r I I tl + ~ _ t C En < . / W f n ~J0 O 13- to e z ~ C i:"t. t D I^8 U-j Q iii t tV"~ E; in W i-t - i d Ar 11 al a t S 4"^ t 11. tit ! r} ittt i j ltt ; I R 6: i i ; N12 I 7 ;hw~ 4 s : • t, ~ ~i ~{a its d:l? a: eft . ,~t~r,~t ~f,~►1 (193 I ~ " J ~ @ ~o a e e 3 FOD I i z I 3= i W / it S= N ! F I e ,t .i I~ i i~ ~CC tfe 9ttttttt ' 3 t cci_ tti :ttt.aoa ail1 s S t t t tlt t t t '~•i e i i ~I~I? ~I~ i dil i u:~ W t/ / ' i U r I / :ssssssr+r:s+ E +YY++rYY+Y+ S F pX as33s7sa7s9 - § y l ~,l/ I ; •I • E 7c3a3aaa3aaaa F i FQ Milli i r ~ r I r .......i:tiaa L € :rrrrrrtrrrrrrrrrrrrrrrrrrrr / ~.I ' zi N ~ a ,D'/ I " L- p ~i~~d~~'iiiFEl6d~~EEEsQiEfeQFP►OQQr€FFEQQQQPQQPEQ { k` Its rev 7 - . F ~ ~ ' W Yi s`°°-rrr.~~..;~.i;~sa°tlB;~: ~j°s ! r ! ~ { ~r~ ~ ~Irrrrrrrrrrr ~r~~ ►t:Sa~ f•... t J; i . /....--~u f , ~~,n [~PPQPPPQQQQ€[~€di[EFSSE6.~rt[[[~R[S~Edd[[$i~~d.;a6~ - - - - - - - - - - - - - - - - - - - - - - - - - - - \u \ t_-::et'tttz::Sif:ttJ:J:::J-!J L ~ ` N Ai O \ i' ~ •3 K I EFEEttEftFF[FFFFFCFRtRttRR!'Rt Rtt Rt:Ltt[RRRttiRRRttt I ~ ~ X/J • a.' R S + c F grrgiit'Y rg. -r H11113111191111 Ityypp''E It 1911111.113, a, Y77xaS+rs Y S••. S 77...a7.7El It l'!~[iI Z . ` rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Z " ` o rp PPPQPQQPQiifPQ?QQFQiiiiQCPIPQPPiOQQQPQPPQQPQPQPPQ 41 ~ ~ ~ I I ° \ \ cci~~FRi~•'exs,^ras-rse-^E-eeac:?•.t-sE~REc~~#:f~E F t e - L. • JI c ' YYYS+sa S +r ~ YF YsrsssssssJ~sss++ssss y~s _ .LES j ~ ~ / L \ ~`i~~ ~ _ , ~ ~ ~ ~Irrrrrrrrtrrrrrr rrrirrrrrrirrerrrF~~~rrrrr~r€ rrrrr • ~L o ~ ~ ~ F'PeP^`Eiiiw^ie',rr~rerrrr = r, EFc... C > ` `J i -t _F ~ i i:o:ii::i[°: [`:i€[`c[~~I€..tr[Piis€i_GiP@€ ~ 1 '~.f ~ r f2i~ 't.~ Vii. i.' ! CI::.......::::: Lb::L::: :LIC:::::~_'!:'w' - z I~_ , 1 ?.t<e::ast--!vsc::-:!es_: staz: !rs.:c~cccs:: - f ~s it z 4{,~ `~r ttttietti_ittRi:ii--,iz_tf--- 0 ` fiJ'gl" Rg" 1 1 y' \ t t• sssrsssssssrs+sss,111111 si SS+ssr+srY ` I~ i " , i ~ r I ~ ` ~ oi--a~-•~ c~ssss:sa::s:aa3::aas:::sst[[sF erl:ssssaisaaa7s 1, J ~rr r r rrrrrrrrrrrrrr r • Esa l ~ _ ~r ~ ~ Irr~ rrrrYrrrrrrrrrrrrr rrrrrrrrrrlrrrrrrrrr.rrrrr s ` c1*t ' v 1111.1 :iii'tiiiifiiiijt[[EIIEFittti°t °rrPr't[E[QF['ei ` I j i - jJ\ \ ~\\~'ir_ j G~[I::_frssssssnssrsssYSii SF :+w....,..wwa / . :s[:w:7:aa:::aiaasrct3rr€riac \ ` ~ C " '~:r,: t; "'z r'rrrrrrrrrrrrrrrrrrrrrL.rr. € Q' eic~ P[E6 . e " • ; r ~ I \ 7~- Ir rerrrtr Err rrrrDrr r c e~ ccF eDOOD f +,~lJ v _ 1 ~i F' .Z p EQQiiii;tt€[itiittttt•ttttcfoifc''czTfiiEFcc'e'Yf~~~91•iii€ ' rl 1 • ,~111,.L w . ~'I \I n~ o- F tc:'cee:i ^rer__ec:-e.•-e:::R:t ~ ; yj-~ r ~ Y ~ X~ ~PEE~EEEEEE.EezsRtttetk~E~1;FEicFCCF:_.:Fr::iiic:.FCF,:: 1 \ \ \ \ ~\J ` ~ ` ` \ W L~i~~~L~iti[[[[i~~F ~C[~~C~i[t[[I C~Fr[i~[[~~C [[~C~~t t ~ \ _ ~ - ~ = # rlrrrrrrrrrrrrrrrrrrrrrrrrrlrrrrrrr~rrrr,rrrrrrr~rr x . , , \ lYrrrre rerrrr1, r rrrrrrrre- rrrrr4EEEr` is, rrl rr t 1 1 \ iQQiie i€e::iii[[tztGii miai 1 3: ^,C:DDk DOSZZ b-DDn' CIL:4::::::::::::w`:::'Ctiib4S.:::::::F ►a~b:::::!.:: i D , 1 EPFPE $6eiiFF •e:t:ess--:-et:t~• \ ~ ~ r l -I R FiFkf!tFBYtfffEf.RtR.i!!RPtRI~i gRFEEFE tl .1111 E i ~ F 1 E I _ ul 1 I V ' It; . : t 1 1 i f, • ` Z 1 1 ` ' `i ' 1r E 1 ^ 1l~;~ i ~ 1 r1 - .1.. ( ~i ~ ~ .L( OOOC ODDLCC 1. 1 1~ G 1 { - r~ ~ I :IIZ ~i ~~l 1; 1 i' 1 ~ ~ . r _ r ` t~s i `r i ~ F c..c.:::.:aL'. Ei.i ; C C ~rr 11 i!1 I t f. {f n °~...._!:.:'_:v..a.-.•.."-~t =i \ rf s' i = ~r-title JIB ,nrl E ~•••r-•( I . _ 7=. :Ajii:h: t: Jr! c{ u ~ i nl~{ i; { ~ , , t~l , • e:. r i! r - ----u G1~a: IN e L ;EE, ' C~ t ! CCC 6 i gg ~ o 3 ib ! ~ i-~ ~8 c c ~ ~ ~ ~i ~ I a ~s@ qe lit !~a ~=6 Y 6c sn ~S~pp MM ^t _ g 4 s;;s AO o , 1 y W / , I {I l - I 77' . 111 Fet C: - N gyit MI' . " ai I 9t ~ta i v 1.._r_ ° I i e ~ I' o ~ R' W i I:f uj 00 a: ~x . sat. r - •I 334[ g <<i € t i~ i it tF a G Clj W { {^~ef•.2~,1E d[rE f 1 e : i4S1 :E !G •iG i r~~: t• i G f F £ .,•cs:t:i.a t. E:i:z PF; E v _ • B zr it 1 P ~ Gf it i{~G•s. 4;= a '~,r j E rel. y G jj 6 ,if _ t c ~ t ri: * I . i ~ et j~ i ie~i i~ii~Et~F~itEp~FE~6cec a dl Its- t 7, JWULAND -1; it 1---.!4'~ QOM .i q'bQ~iyy`Cdj~~~j,G,yJI \;i ~ 3`\~ A.°Y.4M1 ~+;e`,•~ "p 4 b ti . O~ b6y/y ti b O b~ Agenda Information Memo May 20, 2003 Eagan City Council C. PRELIMINARY SUBDIVISION AND FINAL PLANNED DEVELOPMENT (CENTENNIAL RIDGE 2ND ADDITION) - MANLEY LAND DEVELOPMENT CORP. ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create two lots on approximately 3.1 acres located on the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28, subject to the conditions in the April 22, 2003 APC minutes. To approve a Final Planned Development for the commercial portion of the Centennial Ridge development for construction of two office and retail buildings on approximately 3.1 acres located on the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28, subject to the conditions in the April 22, 2003 APC minutes. FACTS: • The Council approved the Preliminary Planned Development on December 11, 2001. • The Final Planned Development was before the Advisory Planning Commission for Site Plan review on April 22, 2003. • The proposed commercial development is consistent with the Preliminary Planned Development Agreement. • The proposed development is consistent with the standards of the NB, Neighborhood Business zoning district. • The APC recommended approval of the Preliminary Subdivision and the Final Planned Development with conditions. ATTACHMENTS (2): April 22, 2003 APC Minutes, pages I through Staff report, pages through l~ City of Eagan Advisory Planning Commission Meeting Minutes April 22, 2003 Page 13 F. PRELIMINARY SUBDIVISION & FINAL PD - MANLEY LAND DEVELOPMENT A Preliminary Subdivision (Centennial Ridge 2° Addition) of approximately 3.1 acres to create two lots and a Final Planned Development of a retail center, located on the SE corner of Diffley Road and Johnny Cake Ridge Road in the NW %4 of Section 28. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 14, 2003. She noted the background and history. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Gladhill asked how businesses would get supplies with the lack of delivery entrances. Kurt Manley, Manley Land Development, explained that service doors would be on the back of the building to allow for deliveries (but there would not be vehicle access to the back of the buildings). Member Heyl moved, Member Gladhill seconded a motion to approve a Preliminary Subdivision (Centennial Ridge 2°d Addition) of approximately 3.1 acres to create two lots of a retail center, located on the SE corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28 subject to the following conditions: I . The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C4, D1, and E1 2. The property shall be platted. 3. All of the mitigation trees shall be shown both graphically and on the tree planting schedule. Any of the transplanted trees that do not survive will need to be replaced with nursery trees. The revised landscape plans shall incorporate shrub beds of deciduous and evergreen plants along the north and east sides of the site to screen parking areas from the public rights-of-way. 4. The final landscape plan must be signed by a registered landscape architect or certified nurseryperson. 5. Storm water ponding shall be provided to control rates of post-development storm water runoff to less than or equal to pre-development conditions, for all storm events. 6. A storm water treatment pond shall be constructed with a minimum treatment volume of 0.41 acre-feet covering a minimum surface area of 0.21 acres. The pond should have a minimum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet structure that meets City design standards. 7. A dedication of cash in lieu of ponding should be required for storm water that is proposed to drain off 0.34 acres of the site. 1 2~0 City of Eagan Advisory Planning Commission Meeting Minutes _ April 22, 2003 - ` Page 14 v H 8. Cross easements providing for vehicle circulation and parking shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 9. As required by Dakota County, restricted access shall be provided along the entire north edge of the final plat. 10. The applicant shall fulfill required tree preservation mitigation through the installation of twelve (12) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 12. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. All voted in favor. Motion carried 6-0 Member Hey] moved, Member Hansen seconded a motion to approve a Final Planned Development of a retail center, located on the SE corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28 subject to the following conditions: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Building Elevations Plan Final L'andscape/Tree Mitigation Plan Final Site Lighting Plan 2. The property shall be platted. 3. Uses shall be limited to a drug store, a Class I restaurant, a day care center; a two-story office building; and uses of the same character and intensity. 4. Exterior building materials are brick veneer and glass, with rockface block at the base of the building and recessed areas of stucco in a color to match the brick. The brick veneer shall be a tan or light brown color, with the rockface block being a dark brown or reddish brown color. The rear elevation shall be treated with the same brick, block and stucco materials as are used on the front elevations. 5. Rooftop mechanical equipment shall be screened from view from off the property. 6. Building signage shall be limited to the designated sign band area below the canopy. One free- standing sign is proposed for each lot. All signage shall comply with the City's Sign Code standards. City of Eagan Advisory Planning Commission Meeting Minutes April 22, 2003 Page 15 7. Each building shall have an attached trash enclosure which is constructed of the same brick and block materials as the buildings. 8. Site lighting is provided by 25-foot pole-mounted fixtures throughout the parking lot and Wall- packs on the rear of each building. Both pole-mounted and building mounted light fixtures shall be shielded and directed downward so that the source of light is not visible from off the property. 9. Cross easements providing for vehicle circulation and parking shall be prepared for review and approval by the City Attorney prior to final subdivision approval. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2003 CASE: 28-PS-04-03-03 APPLICANT: Manley Land Development HEARING DATE: April 22, 2003 PROPERTY OWNER: Manley Land Development APPLICATION DATE: April 1, 2003 REQUEST: Preliminary Subdivision and PREPARED BY: Pamela Dudziak Site Plan Review - Final Planned Development LOCATION: SE corner of Diffley and Johnny Cake Ridge Roads COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REOUEST Manley Land Development is requesting approval of a Preliminary Subdivision and Site Plan Review for a Final Planned Development for a t-,vo-lot commercial development upon 3.1 acres located at the southeast corner of Diffley and Johnny Cake Ridge Roads in the NW '/4 of Section 28. AUTHORITY FOR REVIEW Preliminary 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. 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, vegetation, 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. ?.3 Planning Report - Manley Land Development (Centennial Ridge 2nd) April 22, 2003 Page 2 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. H. 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, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use ,,within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with 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." Planned Development: In December of 2001 the City approved a rezoning of the property establishing a Preliminary Planned Development. One of the conditions of Preliminary Planned Development approval is that "Each Final Planned Development application shall require Site Plan review by the Advisory Planning Commission prior to being acted upon by the City Council." BACKGROUND/HISTORY On October 15, 2002, the City Council approved a Preliminary Subdivision establishing the site layout, access and lots for the residential portion of this development and creating this 3.1-acre outlot for commercial development. The Preliminary PD established a conceptual development plan of acceptable uses, with commercial development on this site. The approved land use for the commercial portion of the site states: l~~ Planning Report - Manley Land Development (Centennial Ridge 2nd) April 22, 2003 Page 3 Commercial uses comprised of up to two separate buildings and parking areas occupying up to three net useable acres for uses including, but not limited to: a drug store, a medical clinic; a convenience center/gas station; a Class I restaurant, a day care center; a two-story office building; and uses of the same character and intensity. EXISTING CONDITIONS The site is surrounded by residential land uses to the north, east and south, and undeveloped commercial land to the west. The site is relatively open and without significant changes in topography. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Residential (Oakbrooke) PD, Planned Development LD, Low Density South Residential (Centennial PD, Planned Development MD, Medium Density Ridge) Residential East S-F Homes (Wexford R-1, Single-Family LD, Low Density Residential 2"d Addition) Residential West Vacant NB, Neighborhood Business RC, Retail Commercial EVALUATION OF REQUEST Preliminary Subdivision: Lots - The Centennial Ridge subdivision was approved in March of 2003. Access into this site was provided via a private drive from Johnny Cake Ridge Road. Lot 1 is proposed to be 79,673 sq. ft. and Lot 2 is proposed to be 55,773 sq. ft. Storm ponding will be located on Lot 1 in the northwest corner of the site which reduces the useable area of that lot. Landscaping - The landscape plan is not satisfactory as proposed and should be revised. The proposed landscape materials are primarily trees. The revised landscape plans should incorporate shrub beds of deciduous and evergreen plants along the north and east sides of the site to screen parking areas from the public rights-of-way. The plan makes heavy use of relocated Red Pine trees coming from a different development site elsewhere in Eagan. These evergreen trees are proposed to along the south and east sides of the site, as buffers between the commercial development and adjacent residential uses. While the heavy planting of evergreen trees in these locations is desirable, the developer should be aware that if the plan to transplanting trees does not work out, or if any of these transplanted trees do Planning Report - Manley Land Development (Centennial Ridge 2nd) April 22, 2003 Page 4 not survive, they will need to be replaced with similar trees from nursery stock that meet City specifications.. Grading - The preliminary grading plan is acceptable. The existing site is open and generally slopes to the north. Storm Drainage - The preliminary storm drainage plan is acceptable. Existing storm sewer is available for connection along Diffley Road at the north edge of the site. Storm water ponding should be provided with this development to control rates of post-development storm water runoff to less than or equal to pre-development conditions. Water Quality - This site is located in the "B" Watershed and drains northward through a series of basins in the stormwater system that eventually enters Blackhawk Lake, a Class I Direct Contact waterbody. The developer of the Centennial Ridge residential subdivision to the south met the City's water quality requirements primarily by directing stormwater to an on-site treatment pond constructed alongside Johnny Cake Ridge Road. The stormwater drainage area of the proposed site includes 0.73 acres of this residential subdivision area plus 3.1 acres of the undeveloped parcel itself. Thus, City water quality requirements for treatment of storm water from 3.8 acres are proposed to be met primarily through on-site ponding. With 47% impervious cover proposed for the commercial area, this pond would need a minimum treatment volume of 0.41 acre-feet covering a minimum surface area of 0.21 acres. The stormwater pond would be constructed with a minimum depth of six feet, a 10:1 aquatic bench from the normal water level, and an outlet structure that meets City design standards. Stormwater from 0.34 acres of the site is proposed to drain off the site, and a dedication of cash in lieu of ponding is appropriate for that 0.34 acres. There are no wetlands associated with this development. 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 west. Streets/Access/Circulation - Johnny Cake Ridge Road along the west edge of the site is a collector roadway reconstructed to four lanes with center median in 1989. Diffley Road (Dakota County Road No. 30) to the north is a four-lane minor arterial roadway with a raised median reconstructed in 1990. Public street access for this portion of the development is proposed at one location. A full access private drive onto Johnny Cake Ridge Road is to be constructed with the Centennial Ridge residential development. 19~ Planning Report - Manley Land Development (Centennial Ridge 2nd) April 22, 2003 Page 5 Easements/Permits/Right-of-Way - Internal vehicle circulation is proposed via private drives within the development. Cross easements providing for this circulation should be prepared for review and approval by the City Attorney prior to final subdivision approval. As required by Dakota County, restricted access should be provided along the entire north edge of the final plat. Tree Preservation - A tree inventory submitted with this application indicates that there are fifteen (15) significant trees in the inventory. Individual tree size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Cottonwood 15 12"-20" 15 100% The development as proposed will result in the removal of eleven (11) significant trees (73 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-lot, commercial) is set at 30.0% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation calculates to twelve (12) category B trees, or an equivalent combination of Category A or Category C trees. Parks and Recreation - Pursuant to a November, 2001 settlement agreement that affects this property, parks and trails dedication are deemed to be satisfied in full. Planned Development: Preliminary Planned Development - The Preliminary Planned Development included a condition stating that "upon full development, the zoning of the eight acres shall be redesignated to a standard zoning district." In anticipation of such a rezoning of this site in the future, this proposal is evaluated against the NB, Neighborhood Business, zoning district standards. The proposed development consists of two commercial buildings for office and retail uses. Total building square footage is proposed to be 19,516 sq. ft. Lot Coverage - Unless otherwise approved in the Final Planned Development, maximum allowable lot coverage consistent with the NB zoning district is 20%. Building coverage is proposed to be 14% on Lot 2, and 14.7% on Lot 1. Setbacks - This development is subject to the following NB zoning district setback standards, unless otherwise specified in the Final Planned Development. Building and parking setbacks appear to be satisfied. • Setback from curb of private street - 25 feet • Setback from Diffley and Johnny Cake Ridge Roads - 50 feet • Setback from adjacent property guided for residential use - 30 feet • Side yard setback - 10 feet • Rear yard setback - 20 feet Planning Report - Manley Land Development (Centennial Ridge 2nd) April 22, 2003 Page 6 • Parking setback from residential property and public right-of-way - 20 feet Parkin - Parking stalls must be a minimum of 19 feet deep and ten feet wide, with two-way drive aisles 24 feet in width. Parking requirements are: Lot 1 - 57 stalls for retail use, and Lot 2 - 42 stalls for office use, or 39 stalls for retail use. The plan is designed for a shared parking lot. The minimum number of parking stalls is provided separately on each lot, 57 stalls on Lot 1 and 42 stalls on Lot 2. Elevations - Exterior building materials are primarily brick veneer and glass, with rockface block at the base of the building. The building facade provides recessed areas to delineate tenant spaces; the recessed areas are finished with stucco in a color to match the brick. Each tenant space also has a canopy over the front. The color elevation drawings show a tan brick with the rockface block being a dark brown or reddish brown color. The side elevations contain knock-out panels for future windows. The rear elevation is treated with the same brick and block materials as are used on the front elevations. Each tenant space has a service door access on the rear elevation. A parapet is provided along the flat roof, which should screen rooftop mechanicals. Si na;e - A designated sign band is also provided below the canopy for each tenant space. Building signage should be limited to this area only. One free-standing sign is proposed for each lot. All signage shall comply with the City's Sign Code standards. Trash Enclosures - Each building has an attached trash enclosure. It is located on the south end of the building on Lot 2, and the east end of the building on Lot 1. The enclosures are proposed to be constructed of the same brick and block materials as the buildings. Site Lighting, - Site lighting is provided by 25-foot pole-mounted fixtures throughout the parking lot. Wall-pack lighting is provided above each service door on the rear of each building. Since the rear of the buildings face the adjacent residential property, these wall-packs should provide light sufficient for safety purposes, but so as not to spill over to the adjacent residential property. Both pole-mounted and building mounted light fixtures should be shielded and directed downward so that the source of light is not directly visible from off the property. Easements/Permits/Right-of-Way - Cross easements providing for access to Lot 2 over Lot 1, and the shared parking lot should be prepared for review and approval by the City Attorney prior to final subdivision approval. SUNUNIARY/CONCLUSION Manley Land Development is requesting approval of a Preliminary Subdivision and Site Plan review for a Final Planned Development for Centennial Ridge 2"d Addition. The development consists of two commercial buildings on a 3.1-acre site located southeast of Johnny Cake Ridge Road and Diffley Road in the NW '/4 of Section 28. /9r Planning Report - Manley Land Development (Centennial Ridge 2nd) April 22, 2003 Page 7 The proposed use is consistent with the Preliminary Planned Development. The developer should note that retail uses are restricted to a drug store, a Class I restaurant, a day care center; a two-story office building; and uses of the same character and intensity. The Neighborhood Business performance standards were used for evaluation of this development proposal. The developer should provide a revised landscape plan, and documents establishing cross easements will need to be provided. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision for Centennial Ridge 2nd Addition, located on 3.1 acres southeast of Johnny Cake Ridge Road and Diffley Road in the NW of Section 28. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, Bl, B2, B3, B4, C1, C2, C4, D1, and E1 2. The property shall be platted. 3. All of the mitigation trees shall be shown both graphically and on the tree planting schedule. Any of the transplanted trees that do not survive will need to be replaced with nursery trees. The revised landscape plans shall incorporate shrub beds of deciduous and evergreen plants along the north and east sides of the site to screen parking areas from the public rights-of- way. 4. The final landscape plan must be signed by a registered landscape architect or certified nurseryperson. 5. Storm water ponding shall be provided to control rates of post-development storm water runoff to less than or equal to pre-development conditions, for all storm events. 6. A storm water treatment pond shall be constructed with a minimum treatment volume of 0.41 acre-feet covering a minimum surface area of 0.21 acres. The pond should have a minimum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet structure that meets City design standards. 7. A dedication of cash in lieu of ponding should be required for storm water that is proposed to drain off 0.34 acres of the site. 8. Cross easements providing for vehicle circulation and parking shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 9. As required by Dakota County, restricted access shall be provided along the entire north edge of the final plat. Planning Report - Manley Land Development (Centennial Ridge 2nd) April 22, 2003 Page 8 10. The applicant shall fulfill required tree preservation mitigation through the installation of twelve (12) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 12. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. To recommend approval of the Final Planned Development for Centennial Ridge 2"6 Addition, located on 3.1 acres southeast of Johnny Cake Ridge Road and Diffley Road in the NW '/4 of Section 28. If approved, the following conditions should apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Building Elevations Plan Final Landscape/Tree Mitigation Plan Final Site Lighting Plan 2. The property shall be platted. 3. Uses shall be limited to a drug store, a Class I restaurant, a day care center; a two-story office building; and uses of the same character and intensity. 4. Exterior building materials are brick veneer and glass, with rockface block at the base of the building and recessed areas of stucco in a color to match the brick. The brick veneer shall be a tan or light brown color, with the rockface block being a dark brown or reddish brown color. The rear elevation shall be treated with the same brick, block and stucco materials as are used on the front elevations. 5. Rooftop mechanical equipment shall be screened from view from off the property. 6. Building signage shall be limited to the designated sign band area below the canopy. One free-standing sign is proposed for each lot. All signage shall comply with the City's Sign Code standards. 7. Each building shall have an attached trash enclosure which is constructed of the same brick and block materials as the buildings. 00 b Planning Report - Manley Land Development (Centennial Ridge 2nd) April 22, 2003 Page 9 8. Site lighting is provided by 25-foot pole-mounted fixtures throughout the parking lot and Wall-packs on the rear of each building. Both pole-mounted and building mounted light fixtures shall be shielded and directed downward so that the source of light is not visible from off the property. 9. Cross easements providing for vehicle circulation and parking shall be prepared for review and approval by the City Attorney prior to final subdivision approval. ~d / STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. 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 professional 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. C~o 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. If 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 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 Trails Dedication 1. 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 Quality Dedication 1. 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 Plan, 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 City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSX5 STANDARD.CON ~ 03 FINANCIAL OBLIGATION-Centennial Ridge 2nd Preliminary Subdivision There are pay-off balances of special assessments totaling $24,147 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel 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 property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE' QUANTITY AMOUNT Storm Sewer Trunk C/I .13875/Sq. Ft 418,612 $58,082 Total $58,052 o2G /a Eagan Boundary Location Map Street Are ar,ina Parcel Area Building Footprint 7 1 s. a a b Y C ` ca ~ e ay J Q m EB s Sub'ect Site e '3 ® Ry i ~ ^ U F-1 7 Q r 9 ; G . Sy gym(~'iI..'{'r~ B ® ® roO S 7 ❑®W ® ® u• •uw % > , ; ' - ~ ~ ~ , Vii..' ® I ~ c 14* 4►1r " a t ~ ~ ~ 3 lig! ' 3 3 0 1000 0 1000 2000 Feet Development/Developer: Centennial Ridge 2nd Addition Application: Preliminary Subdivisio Case No.: 28-PS-0403-03 a O S Map Prsparad wing ERSI McViaw 3.1. Paroai base nup date provided by Dakota County Office of GIS and is currant as of Febnwry 2007. THIS MAP IS INTENDED FOR REFERENCE USE ONLY H E city of eagon rho City of Eagan and Dakota County do not yuarantea the aeeuracy of this information and are C«nmursty Davdop-ord Department not rosponslbla for errors or omissions. S Current Zoning and Comprehensive Guide Plan Manley Land Development Case No. 28-PS-04-03-03 Land Use Map Zoning Map j R•3 f PD 1z' r^~, P ;Ef `rc Location Current Zoning: nEE ,ertu.a .e, PD Planned Development N° Po \ /I M EE~ PD 1 ® 5? r Q lz soo -e._--_- we txoo r••t ! PF -119 / { i m m Comprehensive Guide Plan MU Land Use Map M° • LD / Location spurs ui ~ t Current Land Use Designation: RC 7'C RC I i M 0001, Retail Commercial \ MD Mo s z ® ®Mo OF, see a see tsee Feet P 02 P.aei bee. map inform;IRT .e deaby oaaeta Canty Lana Se.ey Department September 2002. Zoning intimation maintained by City Staf. Akity of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY µ E Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. NV-1d 311S s~ JOHNNY CAKE RIDGE ROAD r' ~ IiI ~ I -i 1 i~ I I \ I I \ r p I fi ~ I I I \ Q_ \ i 0 i rm \ / ' I I TI \ 0 I 1 fTl \ I \ 0 >ti ~ I I ~ I \ ~ ~ I D \ •4 I ~ I ~ I rs ~ _ _ tt wok t I t y0 .'rw~ ~ I I. II ° 1 I I~ I~ JI I (_J I I yLyL } ~ ~ I I _ I _ u~'MI 1 I I ~ 'QQQ1 t Q I ~ _ J s ~ 4 ' r ~ I 1~I I y I I P o o I ~ 1; I I JAI - I eka' f!a ! ~ ~ Ic i 1 t, '2p_~ zc z, g Z g a filleo M, ~1 €AI y saa gar E!E!1 ! at frj ~T > ail U f a ( pe s } E T€ W ~9 r~ F i t lid 41 Jill p p i } arm W :i a?S 9 ~!tl±~ 9t C7 oC Z it; oil! 2 V o[ ^ p ..S 7i i` rC77F .i 7t~~~ t i S 9 mLU a Y • II ;1 e~~- pY it fl ~5 ?1 ~S I 1 II II 'I I 11 1, I 1 II ,I _ I' II li II ~iI-I _ u , I 1' it Z I' 1' II f. ,1 r II ' VI W ,1 III II 'I y{JI II ~ ~I II 4 II ~ I~ 4Z ~ 'I al s" i ,I ---111111 ,I I I II ;I I < ~ ,I I '1 II 'I I II 11 11 11 II , ~ II II , ~ It Z ~ II ,1 II I I 161 11 II '1 11 'I 11 I' II „ 'I 11 I' I, „ II 11 - I' 41 II I; II II ;1 ,I II I 11 II -lnI I I I' '1 - 11 Y II Z ' 'I ^ 'I II FY 1 Ii ;i Z < 11 ~ 11 ;I • Z 11 ~ I; I ~ 11 _ U I I' ~ ~ 11 V ~ l II I • I' • II II 1 I ~ e C%>~ ~ S ti S'f► aCi _r ELEW TIONS - BLDG. 1 59 LJ (.J Y W S l• -I = I I I I I 3 • +i m W W ~S I u , n it II II II < II - 11 i~ IZ II Lr 't; I I 11 ~I I 1 + r1 II P ~ ~I II II 11 - . 11 II ~ II I II N ~ o II 11 < II . it 11 ~ I I ~ I a.~ I Z I I I ~ • 11 ~ • \ 11 11 W pp II II -ail 11 i~s ! 4. C5 i ~ I 1 7-1 II II 1 y", ~ I ~ py @~y y~ ,I ~ 6 B3 I I ~ yL1I I Z ~ it jl I 1' ~ II II 11 I I 11 I ■e < L L p8 I ! s si) ~av I, ,I II I' 1 'I G W II i (N) 3 L e 1 T 11 it V e S II Z ~ I m ATIONS - BLDG. 2 ~ SSS 90 N 3 N t i W \ ~ ~ a I J H ~ y i- I a 7w ViRi t: _ fag IF v I - I a Jim AAA ^ ' vdo I I I A__ - p ~ o>„~ II I i _ _ _ X .1 I L ~ A LIGHTING PLAN I S U f D N V a as sy ~ o 1 j l l l l 11 al i$ a " ! I i j l _ i WI ,a w i i l l 1! ~ ~ J o _ !Ilj~9 ~ ~ J l j j 9 I - bls z y lI 3 o I ~ m ~ c W tl t Y ~ g C s 1ZI: gw a z z - w _ a - o = J f~ W - Z Q I I Y o ~ ! I ~ 1 I J a ! xJ Z 1 1 I ~ .a I ~-y I n < a ~ ! = K i I s ^ci' CJ R H-1 I i _ J I I R s i I I ow 4 I I ~1 I $ It I t r-T I I r i cc u, s ;~o) iSi o LJ~ 1 1 <ci 1101Y `3I PRELIM. PLAT Y _ '1 tiiNli M ~xY ~ ~y ~ S S ' 31 ~ ~ ° Y ~ @la r n Y x ~a~o'~~YO 3 C7 biy$a ,e agf € giae. z 1 ;+~1 ~ g i_ LS• °'j"~~k'a$ui~~gg I ~ I~'3 tl -Z m.~• i lI I' ~ ~~gg"gqeSa °2M Fa~ ° ❑oo.v I i. S U ~ lg~3s ° r ..1 r J -w -Z7 a q I ~ az .1 a I co - I I mz as (1 a 95- - ~ 1 -f-----~? ~ ti► fit s t, r - - GRADING z~~t~;€► ~lji+r c a ~ U 0 U a F W 9~ ~ ~ ~ ~ ~ k! ~ ; ~ ~~j~4_7 Yea€~~•c~. Y c ~ a $ Y e `Q:yo„4 ~~II gY~ tltlx~xxtl << ~ ~ < O ~ Eo ~ r '1(Z. ill s~~~' I{ MW g g~ E'<F Y Esei of Iooo~l S a e 122 3b b 666 ` `I i ~~:il CL S r eggg 7 ba b b b~ b ei~ ES L t L w 13 z Y W J Z -Z C i Y Y L_ lJ I\ U J < C I'' r'--z r-~- 1 i Z ' L= I I y~:l g ~ y W W n ' I I $ I:~ g s~ iW NOS a -I.- h`ti K I <I o T; N 3 viii s°y' J _ i nnoe~ _ i ^vR i f 8 I I I wr I~ ~NPI I I F~ 8~ ~1 ' e 3 fit; a °nn . 81 n II ^j<TI'dN -y 6411M \ / .t. ' I ✓ - - - g AiiI3 O'KIN A I,'r- E,; "'1 n A r a AYc t`$ e \J~/f 11 v v r\f \L_ I \ILJ \7L_ I \L/Y-"\L Y UTILITIES C ill o ~ a I ' ; cif y M s ~fr• l{ a y ~ I'I IW. f f`s { 2 ifi III a_ - Ise I Icy :fr l~;I:;~ ~j3 ~ 1a, ~iyi~j;• i c I I .i •t ~ I •I I i~{ ~ I~ 'i f jy 4l'~ a;i lit j tat! I IIe Y .i li it a:'{ ~f 1! tar: y o -I Z wIr n i s( it a :t if al tai l: i IN {n I =a Z'(a ~qq ii Ifi ten] 1(~ Z[ w 2 KI a u'tf i-;;{2--a,''~, Yf 113'll _O _ 7 t• I et W c o ~ff i 17 _ ~ t' ! }wilf LAJ LAJ cr LLJ a ~ W C J - Z Z Q CL N r a I' o~ .I I 1 I_ I I Q / t• : i Mti i~ i, 1 11, ~ I I , tf`` 4,I ,I' d ~ kl t\ I ~ I ~ d 3 ; I II /I , i• r 1 rl t- o~~ LANDSCAPE PLAN :$s: o ryCtl E F I~ ~ I ~ ~ s■ ~a~,a !U p 3 3 ea z q 3 Y~ s .F y o J Q I 2 3a !z .W IV g~ I ~ 1. - l; 1 ii ~ I ~ a0 '-1, 171 I I I I ~ J Wztz - - - -I_J I z = 'w~/ d T ~ y■4 ~ ~ ~ O o 1 \1 s Z Z ,1 111 T J- f + ii Ln 9i .7y a Ln "I. ~ o t ~i rl I CaJ • z a da~°'°',;"T ~ a■ III V~; I w ~ yb • e ! i i ° tF tF t~I 71 I ~ 11 11 11 s LLJ pg.. n IRS * I~ x~ i c BS~C 8 ~z~cx \1 i~tl ~ ~liq I J ~ w i i1 ~611i :I w2 L of 1I 11' 11 l I ~ 888 88868888III 88 i • F 1i 'I~ ■"°F j _ S UL.ti ti _ws x~ehs: i s ~ ~ • C ~ /1 ;'ll .~••6` - ` ll F . x~xxA:.RRxAA~AA yV-j u a e 9 1 _ _ k, 7 C =i b L a BSI TREE PRESERVATION i U e N - V s 7 Y ; ? O EI E = a It t wl I ~I I I ° I ° Y ~ ~ I ~ 'I IY z° I I I t i l ` € w V e o+ I n ` 4 y i I ? d o gv ~ ~ N a z W Q L'i z 1 •s J • - I I } I I J C> i< I I Y ~ ~ v vv' n I 2u z W cl: ta- a t'•::::•:•::•::•:::::::: I tit ~I rj 9 ~e LJI I I I aM I it ':AKE ;)1 I I I !ii I :1 I iii 1 C) c) I I L. c) I ' 17 I I t~ a C 1 LJ I Ili ~ s. LL) ~ YLL7I s~ PRELIM. PLAT ~ `v Agenda Information Memo May 20, 2003 Eagan City Council D. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an ordinance amendment amending City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.30 regarding definitions and Section 11.60, Subd. 11 (C) and 13 (C) adding Currency Exchange Operations as Conditional Uses; and by adopting by reference Eagan City Code Chapter 1. To approve an ordinance amendment amending City Code Chapter Six by adding Section 6.52 regarding regulation of currency exchange businesses; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. FACTS: • Over the past year, the City has received a few inquiries from people intending to establish a currency exchange operation in Eagan and this use is not addressed in the City's zoning code. • On December 2, 2002, the City Council directed staff to prepare an ordinance amendment for consideration at a future date. Consequently, the City Attorney drafted an ordinance amendment defining "currency exchange operation" and establishing this as a conditional use in the NB, Neighborhood Business, and CSC, Community Shopping Center, zoning districts. • A public hearing on the draft ordinance was held by the Advisory Planning Commission on April 22, 2003. • The Advisory Planning Commission had several questions regarding the proposed ordinance, and was not comfortable with the definition of "currency exchange". • The APC recommended denial of the ordinance amendment and further recommended that staff prepare a more regulatory draft amendment for City Council consideration. • As a result, the City Attorney has completed additional research regarding the proposed ordinance amendment. A memo from the City Attorney dated May 5, 2003 is attached for your reference. • The revised draft ordinance for the Council's consideration adopts the state statutory definition for "currency exchange business," and now includes an amendment to Chapter 6 of the City Code regarding licensing provisions for such businesses. ATTACHMENTS (4): Memo from City Attorney dated May 5, 2003, pagec~/0p Draft Ordinance Amendment, pagescpti through .2 April 22, 2003 APC Minutes, pages through W_W Staff Memo and Draft Ordinance reviewed by APC, pages xst"gh 017 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Mike Ridley, Senior Planner P m Dudziak, Planner FROM: Sharon K. Hills. City Attorney DATE: May 5, 2003 RE: Currency Exchange Business Ordinance Our File No. 206-21160 In response to the Eagan Advisory Planning Commission's comments to the first draft of the proposed currency exchange ordinance amendment. I conducted additional research relating to the regulation of currency exchange businesses. First, the term "currency exchange" is a widely used term to describe the check cashing businesses. In fact, currency exchange businesses (i.e. check cashing) is licensed and regulated under Minnesota state law. Minnesota Statutes. Sections 53A.01 to 53A.13, specifically regulate currency exchange businesses. I have attached a copy of the statute for your review and reference. Additionally, my research found that currency exchange businesses are regulated by the Cities of Bloomington, St. Paul and Minneapolis. All three municipalities use the term "currency exchange" business and have adopted the state statutory definition. Accordingly, I have revised the first draft of the ordinance amendment for zoning regulations of currency exchange businesses. First, I revised the proposed ordinance amendment to reference the correct zoning code sections (new code). Next, the revised proposed ordinance adopts the state statutory definition for "currency exchange business." Additionally, I drafted an ordinance amendment for Chapter 6, which governs other businesses and licensing, under which currency exchange businesses will be regulated. Please review these draft ordinance amendments and if you have any questions or have additional text that should be added, please feel free to contact me. SKH/bdr a~~ ORDINANCE NO. 2ND SERIES DRAFT AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA. AMENDING EAGAN CITY CODE CFLAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY A_NIENDING SECTIONS 11.30 AND 11.60. SUBD. ll(C) and 13(C) REGARDING CURRENCY EXCHANGE BUSINESSES AS CONDITIONAL USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1. The CA-,, Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding the following definition to Section 11.30: Currency Exchange Business means that as defined in Chapter 6 of this Code. Section 2. Eagan City Code Chapter Eleven is hereby amended by adding to Section 11.60. Subd. I I (C), the following conditional use: Currencv Exchange Business. subject to the regulations thereof as set forth in Chapter 6 of this Code. Section 3. Eagan City Code Chapter Eleven is hereby amended by adding to Section 11.60. Subd. 13(C), the following conditional use: Currency Exchange Operations. subject to the regulations thereof as set forth in Chapter 6 of this Code. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' is hereby adopted in its entirety- by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Patricia E. Awada Its: Cin• Clerk Its: Mayor ~/9 DRAFT Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisor- Planning Conunission Hearing: 2 ~~v CRAFT ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN. MINNESOTA. AMENDING EAGAN' CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATIO'N' AND LICENSING" BY ADDING SECTION 6.52 REGARDING REGULATION OF CURRENCY EXCHANGE BUSINESSES: AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99.. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.52 to read as follows: Sec. 6.52. Currencv Exchange Business. Subd. 1. Definition. "Currencv Exchange Business" means any person, entity or establishment. except a bank. trust company. savings bank. savings association. credit union. or industrial loan and thrift company. engaged in the business of cashing checks or drafts or providing money orders. certified checks. travelers checks or currency wire transfers for a fee. Currencv exchange does not include a person. entity or establislunent which provides said services incidental to a primary business if the charge for service does not exceed One Dollar (51.00) or one percent 0%1 of the value of the check, draft. money order, travelers check. or wire transfer. whichever is greater. Subd. 2. State License Required. It is unlawful for any person to operate or engage in a currency exchange business within the City without first obtaining and holding a valid license therefor issued by the State of Minnesota through the Commissioner of Commerce as required in Minnesota Statutes. Chapter 53A and ,vthgdt first obtaining from the City a conditional use permit for the pennitted zoning district. Subd. 3. Restrictions and Regulations. A currency exchange business which is licensed to operate within the Citv in accordance with Minnesota Statutes. Chapter 53A. shall comply with the following requirements: 1. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange businesses. 2 A currency exchange business shall be operated only in the zoning districts as set forth in this Code and in accordance with the zoning regulations of this Code. 3. No currency exchange business shall be located closer than 1.000 feet to any existing currency exchange business. secondhand goods store. or pawnshop. a~~ DRAFT 4. A currency exchange business shall comply with all provisions of this Code and other applicable state laws. 5. No bars. chains. or other securitv devices on the structure in which a Currencv Exchange Business is located shall be visible from a public street or sidewalk. 6. A currency exchange business shall not eneaee in any services in which money or funds are ]ended. borrowed or pledged to a customer. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. No Currencv Exchange Business shall be open or operated during the hours of 8:00 p.m. and 6:59 a.m. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 6.99 are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 2 c2a;~ City of Eagan Advisory Planning Commission Meeting Minutes""` April 22, 2003' . Page 16 G. ORDINANCE AMENDMENT - CITY OF EAGAN An Ordinance Amendment Amending Eagan City Code Chapter 11 Entitled "Land Use Regulations "(Zoning)" by Amending Section 11.30 Regarding Definitions and Section 11.60, Subd. 11 (C) and 13 (C) adding Currency Exchange Operations as Conditional Uses; and by Adopting by reference Eagan City Code Chapter 1. Planner Dudziak introduced this item and highlighted the information presented on the Memorandum dated April 14, 2003. 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 Hey] asked if check cashing should require a Conditional Use Permit. She also stated that the definition in inadequate, that the term currency exchange implies one thing, but the definition states "an establishment primarily engaged in the business of cashing checks" and that is something different. Chair Huusko asked for the definition of currency exchange, from Staff. Member Gladhill explained that these businesses are non-banks that are engaged in check cashing operations and short-term paycheck loans. He stated it signals a very urban environment and one that does not particularly fit Eagan. Member Hansen agreed with Member Gladhill. Member Heyl suggested this type of business be considered in a fashion similar to how a pawnshop would be. Chair Huusko stated he would vote against the proposal because the business should be called something relative to what it is. He remarked that "currency exchange" implies an operation that provides an exchange service for foreign currency not a check cashing and short term loan operation. Member Miller stated he will vote against the amendment due to lack of reference to zoning. Planner Dudziak clarified that the use would be a conditional use in the Neighborhood Business and Community Shopping Center zoning districts, and would not be a permitted use in any zoning district. Kim Potts and Pat Potts, owners of a check cashing business, stated current locations they currently operate such businesses in the metro area and described their business and clientele. They stated that the business is not like a pawn shop, it provides a service to people who need to cash checks outside of regular bank hours or on holidays, or who do not have bank accounts. They stated their business also provides money orders, Western Union, and other similar services. Member Heyl moved, Member Bendt seconded a motion to deny an Ordinance Amendment Amending Eagan City Code Chapter 11 Entitled "Land Use Regulations "(Zoning)" by Amending Section 11.30 Regarding Definitions and Section 11.60, Subd. 11 (C) and 13 (C) adding Currency Exchange Operations as Conditional Uses; and by Adopting by reference Eagan City Code Chapter 1. OZ?3 City of Eagan Advisory Planning Commission Meeting Minutes April 22, 2003-< Page 17 i ,`1 All voted in favor. Motion carried 6-0. Member Hey] moved, Member Gladhill seconded a motion to recommend that City Staff prepare a more regulatory draft amendment for the City Council to consider on May 20, 2003. All voted in favor. Motion carried 6-0. IV. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors to be heard for items not on the agenda. V. Other Business There was no Other Business to discuss at this time. VI. ADJOURNMENT Member Heyl moved, and Member Miller seconded a motion to adjourn the Advisory Planning Commission meeting at 8:32 p.m. All voted in favor. Motion carried 6-0. Respectfully Submitted by: Camille Worley Recording Secretary aa~ city of eagan MEMORANDUM TO: Chair Gary Huusko and Advisory Planning Commission Members FROM: Pamela Dudziak, Planner DATE: April 14, 2003 RE: Currency Exchange Over the past year, the City has received a few inquiries from people intending to establish a currency exchange operation in Eagan. This use is not addressed in the City's zoning code. On December 2, 2002, the City Council directed staff to prepare an ordinance amendment for consideration at a future date. Consequently, the City Attorney has drafted an ordinance amendment defining "currency exchange operation" and establishing this as a conditional use in the NB, Neighborhood Business, and CSC, Community Shopping Center, zoning districts. ass DF 14 FT IE V I G-U jeb R)`( A-PC o ~1-ZZ-o 3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.30 REGARDING DEFINITIONS AND SECTION 11.60, SUBD. II(C) and 13(C) REGARDING CURRENCY EXCHANGE OPERATIONS AS CONDITIONAL USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding to Section 1 1.30, the following definition: Currency Exchange Operation means an establishment primarily engaged in the business of cashing checks. Section 2. Eagan City Code Chapter Eleven is hereby amended by adding to Section 11.60, Subd. 1 I (C) the following conditional use: 14. Currency Exchange Operations, subject to the following condition: the hours of operation are between 7:00 a.m. and 8:00 p.m., Monday through Sunday. Section 3. Eagan City Code Chapter Eleven is hereby amended by adding to Section 11.60, Subd. 13(C) the following conditional use: 13. Currency Exchange Operations, subject to the following condition: the hours of operation are between 7:00 a.m. and 8:00 p.m., Monday through Sunday. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' is hereby adopted in its entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: a a6 1- CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 -June 30 (651) 681-4600 FAX: (651) 681-4612 SPEOW SJPFBXVIItICA 11E hereby submits application for a Service Station Permit. Name of Applicant: SPERX4Y SJl?IIMMCA UG dba SUPERX4RICA # 4464 Street Address: P.O. BC)K 1580 MIN: UCErEE LEFT. City, State, Zip: gRR\U=, CEO 45501-1580 Telephone Number: 937863-6473 Location of station if different from above address: 2250 = ROAD FAGAN, MJ 55M-2343 MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. II}II ~ CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 -June 30 (651) 681-4600 FAX: (651) 681-4612 SPEFAW bUP RICA IIC hereby submits application for a Service Station Permit. Name of Applicant: SPEOM SLTERMIIZICA UC dba SUPFRAiMCA # 4335 Street Address: P.O. BCK 1580 ATIN: LICENSE DEE. City, State, Zip: SRUME=, CHIO 45501-1580 Telephone Number: 937-863-6473 Location of station if different from above address: 1379 TW CRTM DRIVE FAGW, M 55123 MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 - June 30 (651) 681-4600 FAX: (651) 681-4612 SPEEDW XPERAMMICA UC hereby submits application for a Service Station Permit. Name of Applicant: SPEE AY SLTHIAMMICA II.C dba S-TER lMCA # 4182 Street Address: P.O. B3C 1580 ATIN: LICRM UT1. City, State, Zip: OIIIO 45501-1580 Telephone Number: 937-863-6473 Location of station if different from above address: 1406 YX4M DME "D F1 M, M 55121-1893 MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 - June 30 (651) 681-4600 FAX: (651) 681-4612 S'PEEDAY bUPEW RICA UL hereby submits application for a Service Station Permit. Name of Applicant: SPEOW F ICA IiC dba SUPffW4MCA # 4049 Street Address: P.O. BCK 158D A'IIIN: LIGREE DEPT. City, State, Zip: SPRDEFI D, Mo 45501-1580 Telephone Number: 937-863-6473 Location of station if different from above address: 420 EAST 1UGL AY 13 BIRR=, W 55337-1065 MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 - June 30 (651) 681-4600 FAX: (651) 681-4612 hereby submits application for a Service Station Permit. Name of Applicant: / elm, Street Address: a--p 'zzazz~L City, State, Zip: F~a~O-~, Telephone Number: a-z, ` a yy Location of station if different from above address: MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 -June 30 (651) 681-4600 FAX: (651) 681-4612 117 C-1 C-1 c hereby submits application for a Service Station Permit. Name of Applicant: C - Street Address: D l (-e / City, State, Zip: Al' " r{ f -L o~ oZ Telephone Number: Location of station if ifferent from above ddress: 4jc_4,Q !lax 114,A) r MAKE CHECK OUT TO: City of Eagan In the Amount of 5100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July I - June 30 (651) 681-4600 FAX: (651) 681-4612 PD-0 FOOD STORES, INC. hereby submits application for a Service Station Permit. Name of Applicant: PDn FOOD STORE ~ 214 Street Address: P. O. BOX 6 2 0 9 9 7 City, State, Zip: MIDDLETON, WI 53562 Telephone Number: 608/836-3335 Location of station if different from above address: 4198 PILOT XITOB R010, LAGIIN, MIT 55112 MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. 11 CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 - June 30 (651) 681-4600 FAX: (651) 681-4612 hereby submits application for a Service Station Permit. Name of Applicant: j k s A ~c Street Address: , V L-c, c-li' aCz-cl- City, State, Zip: Telephone Number: L4 'i- `f- 91 a -7 C( Location of station if different from above address: MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. CITY OF EAGAN Service Station Permit $100.00 per location 3830 Pilot Knob Road License Term: Eagan, MN 55122 July 1 - June 30 (651) 681-4600 FAX: (651) 681-4612 'Glensl.tC`~o~c~r3~ hereby submits application for a Service Station Permit. Name of Applicant: -7\f\ng ~ a xA0 (\Axx ) Street Address: J q \n- 121C.dC, City, State, Zip: S!51 Z Z Telephone Number: lpfSl (1P S--17 - gS Z0 Location of station if different from above address: MAKE CHECK OUT TO: City of Eagan In the Amount of $100.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. 3830 Pilot Knob Road Eagan, MN 55122•' (651)6814600 CITY OF EAGAN HAULER LICENSING APPLICATION CONSTRUCTION/DEMOLITION DEBRIS I, Aohe-- rf Cox,)6106C , hereby make application for a Refuse/Recycling license for the year r}~3 Owner: )2o16C--✓T- CooyOGE NA W. C6Afr~24(- /9vG Name Address pa('c, 40W / SSl04/ ~s~ d-93, 2316 City State & Zip Telephone Business Name: Ceevi'O&C-' TI2,uc,Ei•~Xr SvS, SSG Name Address City State & Zip Telephone Municipalities where presently licensed: 'S 77 A4(-,,C j2c1b6.,Aroqa LICENSE TYPE: Construction/Demolition Debris Number of trucks 3 Required for haulers or contractors using containers greater than four cubic yards. Name and telephone number of owner is required to be affixed to each container. - Additional requirements outlined in Hauling Ordinance is attached. FEES: $50.00 for first vehicle, plus $25.00 for each additional vehicle. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: 1 @ $50.00 _ @ $25.00 TOTAL ATTACH A LIST CONTAINING THE LICENSE PLATE AND VEHICLE ID FOR EACH VEHICLE BEING LICENSED. Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee per truck. Example: One truck which picks up both residential and commercial recyling needs two licenses, but only one fee. Please note if applicable. OVER THE FOLLOWING MUST BE INCLUDED IN ORDER FOR YOUR APPLICATION TO BE PROCESSED: (All insurance coverage must be effective from January 1 to December 31 of each year.) Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Rate Schedule If your company wishes to operate as either a Commercial./Multiple Dwelling or a Construction/Demolition Debris hauler, a corresponding license must be obtained, and additional fees must be paid if additional trucks are to be used. If you need application forms or have questions, please call the City at 651-6814600. Signature of Applicant Date demohaulerlicenseJ9/02 QTY Of EAGAN AMUSEMENT DEVICES 8930 PILOT KNOB ROAD APPUCATION FOR UCENSE RENEWAL EAGAK MN 33111 1. Name ofApplies, nt Ti mothy Casey Theisen Sae. Address 12941 NorthF~rd Avenue Mapl ~iarddIIove MN 55369 Last Street City State Zip 2. Buslneas Address 3800 ~JJ collet Avenue South Minneapolis MN 55409 Street City State Zip S. Home Phone (763) 421-0965 Buginm phone (612) 827-5588 4. Date of Birth 10/12/1962 Mae of girth Minneapolis MN 5. Type of Licanas: Individual Partaarship Corporation x 6. If Partnership or Corporation list name, title, home address and phone, data of birth. place of birth, of each partner, offioar and director. President, . Treasurer (,,Pp ghnve) d b a: Theisen Vendina, Inc. II 7. Licensed Establishment N me Street ,I City State Z 8. Daa=iption of Busineas:moo-- \\F .i 9. Name and Address of owner of premises when device is to be operated 10. Name and Address of owner of device(s): Theisen Vending Inc. I l 3800 Nicol•let Avenue South Mpls. MN 55409 11. Have you ever been arrested or convicted of any crime or miademeenar, ether than a traffic offense: Yes No x 12. For Amusement Device Licence (Continue list on separate sheet if nan"ary): f Descrintion ` Name,of Manufacturer FOR OFFICE USE ONLY: Receip Amount Pd. Date Reed. AMUSEMENT DEVICES CITY OF EAGAN LICENSE - 2003-2004 Theisen Vending, Inc. II Cedarvale Bowl, Inc. DESCRIPTION MANUFACTURER NAME SERIAL # PGA Tour Golf Global VR GVRPGA001386 Scorpion Dart Merit 425684 To House Crane Rainbow 110414 Scorpion 9000 Dart Merit 390514 Artic Thunder Midway 43389103031 Big Buck Shooter Chall. Inc. Tech. 35403 Golden Tee Fore 2004 Inc. Tech. 37461 CD Player Rowe 7910 Mega Touch Force Merit 3040200200055.00 Cruisin Exotica Midway 1301200 Ms. Pacman/Gala a Namco 9058 CITY OF EAGAN AMUSEMENT DEVICES 8830 PLLOT KNOB ROAD APPLICATION FOR LICENSE RENEWAL EAGAN, MN 53112 1. Name of Applicant Timothy Casey ,,~dd1 Thei sen IBas. Address 12941 NorthF~rd Avenue Mapl eElarove MN 55369 Last Street city auto zip 2. Buainass Address 3800 Ni collet Avenue South Mi nneaool i s MN 55409 Street City State Zip a. Home Phone (763) 421-0965 Busin@gg pho,~, (612) 827-5588 4. Data of Birth 10 / 12 / 19 6 2 Place of girth Minneapolis MN b. Type ofLicanss: Individual Partnership Corporation x 6. If Partnership or Corporation list name, title, home addreaa and phone, date of birth, place of birth, of each partner, officar and director. President, Sec. Treasurer (,,Pp ahnvP) d b a: Theisen Vending, Inc. II 7. Licensed Establishment I k-7- 1-? X7 L/ 1?+~ 5 \ c,. Q--4,z . ame \ Street Pbon City State Zip 8. Desciption of Busineaa:\~-a.,.~ 9. _1a_me and Address of own of pre\miaea~ device is to be pera 10. Name and Address of owner of devioe(s)• Theisen Vending Inc. II 3800 Nicol•let Avenue South Mpls. MN 55409 11. Have you ever been arrestad or convicted of any crime ar miadameanar, other than a traffic offense: Yes -No x_ 12. For Amusement Device Liar (Continue list on separate aheet if necessary): f Descrintian Name of Manufacturer FOR OFFICE USE ONLY: Baceip af: Amount Pd. Date Reed. AMUSEMENT DEVICES CITY OF EAGAN LICENSE - 2003-2004 Theisen Vending, Inc. II Pizza Hut #13774/Eagan DESCRIPTION MANUFACTURER NAME SERIAL # To House Crane Rainbow 109460 Police Trainer Video P & P Marketing 14701 CITY OF EAGAN AMUSEMENT DEVICES $830 PILOT KNOB ROAD APPUCATION FOR UCENSE RENEWAL EAGAN, MN 35 1lt 1. Name of Applicant Timothy Casey ,~d1 Theisen Bas Address 12941 NorthF~rd Avenue Mapl )d Move MN 55369Isst Street city state Zip 2. Business Addr.as 3800 Ili collet Avenue South Minneapolis MN 55409 Street City State Zip 8. Homophone-- (763) 421-0965 $uginass phor,* (612) 827-5588 d. Date of Birt1L 10/12/1962 Mae ofBirtb Minneapolis MN 6. 'type adLioenaa: lmdividual Partnership Corporation x 6. If Partnership or Corporation list name, title, home address and phone, date of birth, place of birth, of each partner, ofoar and director. Timothy C. Thpjqp~ President. Sec. Treasurer LsPP ahovP1 d/b a: Theisen Vendina, Inc. II 7. Licensed Establishment l A'"'N k r-,_ c _ Name Street S` one Ci state Zip 8. Description of Business:~ 9. ame and Qddreas of owner of premises when device is to Ike operated 10. Name and Address of owner of devioe(s)i Theisen Vending Inc. II 3800 Nicol-let Avenue South Mpls. MN 55409 11. Have you ova been arrested or convictad of any crime ar misdameanor, other than a traffic offense: Yea No _X_ 12. For Amusement Devioe License (Continua list on separate abut if neossaary): Description Name of Manufacturer At FOR OFFICE USE ONLY: Rweip 3: Amount Pd. Date Rac'd. AMUSEMENT DEVICES CITY OF EAGAN LICENSE - 2003-2004 Theisen Vending, Inc. II Wal-Mart #1786/Eagan DESCRIPTION MANUFACTURER NAME SERIAL # SF Rush 2049 Atari 33336403976 Trophy Hunter Sammy TC00617 Stuart Little Kiddie Ride Jolly Roger 1/3435/10102 Noddy Kiddie Ride RGM AA17621 CRY OF EAOAN AMUSEMENT DEVICES $830 PLLOT KNOB ROAD -APPLICATION FOR UCENSE RENEWAL EAOAK MN 33112 1. Name of Applicant Timothy Casey Theisen Res. Addr,aas 12941 NorthF~Trd Avenue Mapl eEl;rove MN 55369 List Street City state Zip 2. Buaineas Addreaa 3800 IJi col 1 et Avenue South Minneapolis MN 55409 Street City state Zip S. Home Phone (763) 421-0965 Biie;. phone (612) 827-5588 4. Date of BirtlL _ 10/12/1962 Place of B, Minneapolis MN 5. 'type adLioanae: Individual Partnership Corporation x e. If partnership or Corporation list name, title, home address and phone, date of birth, place of birth, of each partner, offioar and director. President. Sec. Treasurer (CPO ahova) d b a: Theisen Vending, Inc. II 7. Licensed Establishment' cx ""\\.E Name $trset ~G !.c; Z:.'\`, N•~--~ 5`~\3 Phone 11 City State Zip S. Description of Business: 9. N{me and Address of owner of premisea where device is to be operated 10. Name and Address of owner of device(s): Theisen Vending Inc. II 3800 Nicol-let Avenue South Mpls. MN 55409 11. Have you ewer been arrested or aonvietad of any crime ar misdameanar, other than a trafric offense: Yes No x_ 12. For Amuaament Device License (Continue list on separate abeet if necessary): Descriotion Name of Manufacturer 8er.t FOR OFFICE USE ONLY: Bacaip t: Amount Pd. Data Recd. AMUSEMENT DEVICES CITY OF EAGAN LICENSE - 2003-2004 Theisen Vending, Inc. II DESCRIPTION MANUFACTURER NAME SERIAL # Golden Tee Fore 2004 Inc. Tech. 15158 Mega Touch Extreme Merit 564335 To House Crane Rainbow 106871 QTY OF EAGAN AMUSLMENT DEVICES $130 PILOT KNOB ROAD APPUCATION FOR UCENSE RENEWAL EAGAN, MN 33111 1. Name of Applicant Timothy Casey Theisen Ras.Addseaa 12941 NorthF~Ttd Avenue MapltlldMve MN 55369 Street city state Zip 2. Business Address_ 3800 Ni col let Avenue South Minneapolis MN 55409 Street City State Zip 8. Home Phoae (763) 421-0965 Buggy phone (612) 827-5588 4. Date of Biath 10/12/1962 Place of Birth Minneapolis MN b. Type ofLiaenm Individual Partnership Corporation X 6. If Partnership or Corporation list name, title, home address and phone, date of birth, place of birth, of each partner, officer and director. Timothy C. Theisen President, Sec. Treasurer (sPe above) d/b/a: Theisen Vending, Inc. II 7. Licensed Establishment ,~Ia a Street Phone %lityT State Zip 8. Dee=iption of Business: N.cc Iy 0. Na a and Address of owner <premises w)%ere device is to be opa~ated '77111 NA F- 10. Name and Address of owner of devioe(s): Theisen Vending Inc. II 3800 Nicollet Avenue South Mp1s. MN 55409 11. Have you ever been arrested or convicW of any crime or misdemeanor, other than a traffic offense: Yes No _x 12. For Amusement Device Lianas (Continue list on separate abeet if necessary): f Descri2tion Name of Manufacturer FOR OFFICE USE ONLY: Raosip 0: Amount Pd. Date Reed: AMUSEMENT DEVICES CITY OF EAGAN LICENSE - 2003-2004 Theisen Vending, Inc. II DESCRIPTION MANUFACTURER NAME SERIAL # Cruisin World Midway 40036275589 Police Trainer P & P Marketing 10801 Soul Ed a II Namco C53154 Animal House Crane Rainbow 123807 G Loc Air Battle Sea 326154 QTY OF EAGAN AMUSEMENT DEVICES 5130 PILOT KNOB ROAD APPLICATION FOR UCENSE RENEWAL EAGAK MN SS 12t 1. Name of Applicant Timothy Casey ,,~dd1 Theisen Sea. Addr..s 12941 NorthF~rd Avenue Mapl )d rove MN 55369 Lart Strut City state Zip 2. Business Addrw 3800 Ni collet Avenue South Minneapolis MN 55409 street city state Zip s. Home Phone (763) 421-0965 (612) 827-5588 4. Date of Birth 10/12/1962 Moos c(Birth Minneapolis MN 6. Type of Lianas: Individual Partnership Corporation X a. If Partnership or Corporation list name, title, bome address and phone, date of birth, place of birth, of each partner, offioer and director. President. . Treasurer (SPP ahovP) d b a: Theisen Vending, Inc. II 7. Licensed Establishment ~s- Name ~ Street -S ~ " one / City State Zip 8. Dees-iption of Business- 9. Name and Address of owner of premises where device is to be operated Zs: c ~ \4 A \ c'), =c - - 10. Name and Address of owner of devioe(s): Theisen Vendi no Inc. I I 3800 Nicol-let Avenue South Mpls. MN 55409 11. Have you ever been arrested or convicted of any crime or misdamearw, other than a traffic offense: Yea No x_ 12. For Amusement Device Liarw (Continue list on aeparete abut if nonsaary): t Dererietion Name of Manufacturer `t FOR OFFICE USE ONLY: Baosip f: Amount Pd. Date Recd. AMUSEMENT DEVICES CITY OF EAGAN LICENSE - 2003-2004 Theisen Vending, Inc. II Grand Slam Sports DESCRIPTION MANUFACTURER NAME SERIAL # Ice Ball Ice 91-720CAR Ice Ball Ice 91-719CAR Ice Ball Ice 91-721 CAR Ice Ball Ice 91-7199CAR Ice Ball Ice 91-7200CAR Ice Ball Ice 91-7211 CAR Mouse Attack Ice 91-719AMA Ms. PacMan Midway 77816 Cruisin World Midway 44360104160 Cruisin World Midway 43360104254 Ridge Racer Namco 6642 Cyclone Ice 95517-ACC Wheel'm In Bromley 4376 Rota Crane Rainbow 8437 Turbo Tommy (Kiddie Ride Whittaker 1093/0046 London Bus Crane Plush Crane 04008-ALB Cruisin World Midway 43360104942.00 Cruisin World Midway 43360104973 Killer Instinct 2 Midway 312380 Gold Coast Redemption OU009AGC Colorama 2 Bromley 107CR2 Hippo Kiddie Ride Kiddie Autorovo 593/0040 Hoop It U Atari HIU02479 Suzuki 8 Hours Namco E20667054 Super Chexx Ice 9297 Pink Panther Seesaw (K.Ride Jolly Roger 212 Alpine Racer Namco APF01372 Cobra Hunt Ice 90728-BCH Tickets N Tunes Redemption Co 95723BTT Frantic Fred Ice 9R828CFF Claim Jumper Benchmark 61-2471 Drill-O-Matic Benchmark Jul-41 Crisis Zone S.T.F. Namco 105338 Bubba's Excavation Benchmark Jan-80 Wheel'm In Ice 00123-DWF Dancerevolution 3R Benchmark 845411809 Boxing Konami A29251 To ko Wars Namco 4474K Goldzone Benchmark Jun-00 Wacky Ducks Ice OU229ASAFT Beachhead 2000 Global VR GVRV200592 Air Hockey Ice OU229ASAFT Air Hockey Ice OV22913SAFT Theisen Vending Company Grand Slam Sports Page 2 DESCRIPTION MANUFACTURER SERIAL # Hoop Fever Ice HRT020009 .Hoop Fever Ice HFT020012 ATV Track Namco ATSC0154 DATE CITY OF EAGAN NEW___ ON SALE FEE 3330 PILOT KNOB ROAD RENEWAL OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY TEMPORARY FEE 525.00 APPLICATION FOR MALT LIQUOR LICENSE PLEASE PRINT APPLICANT lVhd f 15D &,CeAI 6? ."r'.dE OWNER 'a NAME (Lad) (Finid) (middle) (Low) (First) (Middle) Address Address ~L 1 "444,0 W'd 2, pt.E A~AkA gel (311110t) Phone 9s2- (Snafu /O -.2 A - Y-T (City) eirff>date e) Rro) DBA NAME .gf1GAff .C);UA G/vf3 MANAGER'S NAME - (Last) - - (First) (Middle) Address Address (Street) (Street) (CRY) (state) (4) (CRY) (Swe) (4) Phone Phone Sirthd:te HEREBY APPLIES FOR MALT UIGUOR LICENSE for the year -?e D 3 _'from to 3 ±W-V W~_• / (monTth) (date) p ~(wdft Event: 'y trl( 1 Location- pj (for tern ry license) (Address) STRONG BEER: Yes No Applicants who have an on-sale wine license. and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor liability insurance. Are you the actual proprietor? Yes No Are you the owner of the property of the business location? Yes No Has any other license of this land been granted to you? Yes % No Where '69-"a -2Da2. (City) (Year) Are any tsxes, assessments or utility bills for the premises unpaid or delinquent? Yes No K. If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 340A.8027. Yes( ) No If yes, attach summary copy. Have you ever been convicted? Yes No K City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes No od. If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers of everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED NONATURE K Aug ) (Lou) I FOR Cm USE ONLY ) POLICE APP L. YES (J) NO( SIGNED DATED: ) CITY COUNCIL APPROVAL YES ( ) NO( SIGNED DATED: EAGAN LIONS CLUB March 29, 2003 The Eagan Lions Club would l2ce to request that the city waive the $25.00 Fee for the Liquor License for the th of July. u Y W H a O~ a 2 O~ E o= F- vi E .E 0 U Q U M o a o V N E o 0 O ti ce L W 0-0 um m o O ~ LA ~ 74 ~ L ~ a a Q a Pv~ NOiSSi~y;YO 1Q t s t t.4- hi~~ MEfROeO c O ~-a co U) > U Co O O O O c (1) LO ~ n CC3 n ca n C/) ~ L O N LLI O U o Cl) C: O LCD o O i C DC o O 4-0 C/) CJ 4-a co Co C'o (n LLI 0 O~ LOo O ~O Cv O U) -0 C) co Q O ~ w C N ry U UD O O O E O o N a .♦-1 O • . i. • - - C: -0 O Q ~ . C: Z NOiSS/y,LYO Q <w" O U) C/) c C/) U) . Q U) 0- o a~ J 0 c O 0 O Co a) Q co W Q E O co f- cn O Q C: O X c co Q U w cu C O Q a~ o 0 a. O LL U- co o N cn w O C6 v co Co ~ O Q (D : U U. LL I I I LL rJv NOiSS//yk ti«ToPo a a 0 V LL W Q J ~ cn O U) U U 0 o LL 0- to 70 Co D Q U) a) U) cn U Q U to W C: ~ ~ o co C/) L O C/) v~ Q o O I-' C: Q U Q CO 4-- O LL J` NOiSSIyw QT OV 2tV t.1'cTROPOy P Q~ C O E U) E w Lo O 00 d- O ti N O r- N Z ct d7 d7 ~ O M U) M O ti M 00 1.6 M C \f ti M O T- N' M O M In 75 O Z W Q O ~ CO ~ ~ ti M N LL U r` c0 c c 00 O c~ Q O N O M ti I.L. M 00 cD LO W V " Q DC Q ~ N Q O ~ w a~ N L O U- o ca p Q Q L ~ O ~ > a O Q O 4 0 :C =,o NOtSSUya(a O .L N p > p e} g U 0.. U Q U i- O P o Z Cl) O L C W o L1J _ C 0 co O U) - ° > to U, Q LL .O Q O ~ U) Q DC o o U w U Q o CL o I-- a cu co a L L CN U cn co F-- Q. U) CD - p p Q CD U CV Q Q Q Q o Of 0 0 u) CD C a( ° C: 0 -0 U U LO O co •0 CQ U U U U F- . s_. m X Q 4= Q 4= - E co w U U (D 0- O I z I I I I Q?~ Noss"'IP ~titi ~ Toy nreTaoe U) Z O F- a Cl) U) Cl) a V W w O L w w Q Q F- U) U) L- C: W _0 O m w LL O L O N _O I- L.L N 0) v O LO cu 0) LL O a) CU CU Q cu U .L O ~L Q Q Pv~ 0- N0,39", V, ~Q ~ Cv A A METROP'~ a Cl) LL W V a. Q L. CL W 0 F-- cn UL. U. -Co a oc ol 4. W V Q a W C/) `J L-} £2:; z Q ~ 13. F- LLJ ~o 0 C~ W ~Cf) a w U. V O -OYi LU LL O O U ~ W m~ V v- O .rt ~ NOiSS~~y~ J p a J2 P <w', O METaO~ N O O N O Q C%4 V ~ y N W Cr> 76 00 Z O T- co LLM C O W U C 7 O rn N Z ~ U m CL W O v Q as c U /I _ o V/ 0 CO Cl) rn E P_ o U a N O ~ 0 W C1 ■ ■ Q r C 61 - r' O o. 0- 2 Z 2D r f- in U) co Q Q. ~ ~ W co U Il rn A J o co O a ~oLo d eq V) N N r r saa6uassed }a suOIIIIW ;y Noy ' i a=~Q } a 1P t ti~~Y AIETPOPo L Co _0 U) Q~ O 4-a L U U) O a~ W ry Q O cn Cl) - C/) 4- o LL. U U C) w c~ U Z O N _O A-a _ 4-j U) c F- :3 0 U) 0 O O D Q L' L- CL U) ~ ~;z U N W O O O-O Q J U L) C: o C O O C 4-j 4-a O U o U O L LO O O O co Z O ~ 1 F- C/) (n ~ Q O J 4) a~ (1) D U Q O O o-0 0 0.c I I I I Nos,~,Y Qr + w 1 V titi'w AfETROpO a V Oman W .N a Z o C' a LL N LLM a ~E E Lij ~ Q Q CL W Q v w LL CUD) o LO o to o LO o LO o LO o ~ Nossw 1A le d c+f m N N r a- =Qeil roe SAGO mssqd jo sm!11lAI + P METROe0 U) C L Z E- cn A-a 0 Q 0 CU co H U) C: n Co Q 0 _0 o iL V N N a) L W 0 E c L o 0 L- ry U- o C: U) 0 ~ 0 L . ULM C: cu O cn _ Q m Q W =3 a- 0 C: cn cu CD 0 U W C: a) o _a Cn ° o ~ ~ o w (n C~ a ~ ~ a o o ~ z ci 8- cn C: C) Q cn C U) (D U 'fn .0) a~ U a) 2 z a) to U C) I I ' 1 I I I J NOIjS!{y,Y OJ a , N', 1 4tETnOpO W I- 0 .-1 Z cn cn co co W cn 00 cn (0 ~ 00 Irl- cu F- j I (n LL ~ c 0 c6 N ~ I C: 00 Co CD N a) 00 V N O (n (n cn CN 4-a I DC cu LL 0 L ti a) 00 M cn cY) U) ~ Q , 70- N I ti O I 0 tw- N O p L M M 4-a (n W L.L O L O C: i L Q L >1 CM O C O O W 0 -T- -0 w "0 CY) x ~ =3 :3 LL o Q Cl) (1) 0 rR < Z 0-- L L ~ In O C: E 0 0 0 0 0 0_ Q to m 2 ~ 92: LL tL w o_ NOiggWY co Q~ I I I I I I lQ~ O ~ g \P hy :'ETROPO a v o aUi a a~i C%A in o u, o a = a U U U U aaaa ~ C%l a a~ w N M Q N Q w N Q w Q N 0 $ N Cl) z d Q 0 QQC{ V ~ W ~ 0 o DC co w 'IT N O co to IT N o L.L. ~ r r r r U. ~ No~ssiw. IV gad S OS =~a~ Yos g ~~W METgOpO O O O N 07 V N ~ o 0 0 O It N 00 Q O O N cc ° p O O O CD 4--+ -1--j Z N o 0 0 - p 07 07 07 Z CM C~ CO Cfl Q CO CO CO c 0 ~ W LL 70 W W O C' U) Q Q a~ ~ w E m Q W o > V E Q Z o o V N F- U) J ~ O r U Z Q O w - O LL F" O cn C) Irl- ~ 0 ct U - o to NOis'SiK„Y L L O ~ 2QP + ~ CC) Q LL Q m 17 ~~V,4 XIETRO'?& W C~ ~ Z Z Z Z O E E E E E O C: ~ C: C: ~ C: a~ r--_ m m CD Ica 4 M 4 ~ M az = I I W z - O 0 D cn I I 0 cn U N a U- clw p 0 ry U') N 0 II C: cu L s-• ~ ` No~ssw~ . L O F 2 16 0 + ll T 2 ~i~" METaol? ti E E ~ L L Z ~ LLJ 04 (.0 a LO cn 4-5 C z -0 O n Q o E (n E C: Q :D O CD F- to 00 Q w to I I w a a~ a~ 4-j U- cU CU m 0 E E E 4-1 cn cn cn Q w w W MO 0- S0133/4 ro 0 J o LL 6 t <i, 1P Y/ !y METROP~ W W M I- O I- O - N ~ M ~ O 0 p O V Cl) N ~ ~ N 1-- Z M Z 0 C) I W 2t I O I Z Q p ~ I cry Z cn E 25 W ° V > co L o. ( w z W Q ° Q W L L E L o o :3 cn (n I 0 Q F- CD ~ Q 4- Q U- af, Z 75 o a C: o 0 J o CY C: LO > a~ p cJNoa'S/h,Yo C% + L+ Q Y/LT METRO" C