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07/01/2003 - City Council Regular AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JULY I, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS /J~ ~„ A. Recognition from CAFE (Clean Air for Eagan) and TFYR (Tobacco Free Youth Recreation) for the V City's efforts to adopt the tobacco free youth event policy. IV. CONSENT AGENDA 3 A. APPROVE MINUTES B. PERSONNEL ITEMS (~ C. CHECK REGISTERS D. APPROVE Tree Maintenance Contractor License ~~ E. APPROVE Change Order #13 -Community Center ~~ F. APPROVE Final Plat -Rivers Edge, Manley Development P3 ~ G. RECEIVE Assessment Roll and Schedule Public Hearing for Project 883 (Beecher Drive / Clearview Addition -Street Lighting Improvements ~3~ H. APPROVE Easement Agreements for Project 851 (Town Centre Area -Street and Access Management Improvements }~ 331. APPROVAL to enter into an Agreement with Qwest to Provide Emergency Phone Network ~" Community Notifications ~3 7 J. APPROVE Revised Ordinance Amendment to Chapter 5, Sections 5.32 and 5.57 of the Eagan City Code regarding Temporary On-Sale Liquor Licenses 1~~ K. APPROVE Residential and CommerciaUDemo Trash Hauler License SL. APPROVE an Agreement with Maxfield Research to complete a market analysis of the Cedar Grove Redevelopment Area ®S~M. APPROVE Contract 03-01, Town Centre Area Street Improvements, Construction Working Hours Time Extension V. PUBLIC HEARINGS S~ A. PROJECT 771 FINAL ASSESSMENT HEARING, LEXINGTON AVENUE STREET & UTILITY IMPROVEMENTS). P6~ B. VACATE PUBLIC RIGHT OF WAY -ALDER LANE fLANGHOVEN ADDITION) VI. OLD BUSINESS ~~A. PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE SELF STORAGE A Planned Development Amendment to allow outdoor storage of rental vehicles on Lot 1, Block 1, Town Centre 70 Twenty Second Addition, located at 3495 Denmark Avenue in the NW '/4 of Section 15. ~g~ B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION - MARCELLA WOODS PARTNERSHIP. A Comprehensive Guide Plan Amendment to amend the use of approxunately 6.5 acres from P-Park to LD-Low Density, a Rezoning from Agriculture to R-1 (single Family Residential) and a Preliminary Subdivision (Marcella Woods) to create 15 lots, located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW '/4 of Section 34. /f)g~ C. 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. VII. NEW BUSINESS ~93 A. CONDITIONAL USE PERMIT -THE NOODLE SHOP COMPANY. A Conditional Use Permit to allow on site liquor sales on Lot 1, Block 1, Town Centre 70 Seventeenth Addition, located at 1340 Town Centre Drive in the NW '/< of Section 15. P/~~ B. WINE, SUNDAY WINE AND BEER LICENSE APPLICATION -The Noodle Shop, Co - Colorado, Inc. dba Noodles & Company located at 1340 Town Centre Drive. ~a~C. REZONING -CITY OF EAGAN. A Rezoning of Outlot A, Four Paws Addition from I-1, ~ Limited Industrial to R-1, single Family Residential, for property located adjacent to Burnsville, west of Hwy. 13 and south of Hwy. 77 in the SW '/< of Section 19. I~ ~ D. CONDITIONAL USE PERMIT & VARIANCES -KEYSTONE COMMUNITIES. A Conditional Use Permit to allow amulti-family use in a CGD (Cedar Grove District), a Variance to the required parking requirements, and a Variance to exceed the maximum 10 foot front yard building setback, located at Silver Bell Road and Cedar Grove Parkway in the NE '/< of Section ~/ ~ ~' a E. 19. THREE CONDITIONAL USE PERMITS - COEN DEVELOPMENT GROUP LLC. Conditional Use Permits to construct a convenience store with gasoline, a carwash and a pylon sign on Lot 6, Block 1, Diffley Plaza, located on the south side of Diffley Road, west of Johnny Cake Ridge ~~~, F. Road and east of I-35E in the NE '/4 of Section 28. REZONING -DOUGLAS M. BAUER DDS. A Rezoning of approximately two acres from T, transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road in the NE '/4 of Section 31. n/~' G. PLANNED DEVELOPMENT AMENDMENT-ANDERSON BUILDERS to allow amulti-tenant r retail use with adrive-through facility on Lot 2, Block 1, Oakview Center, located south of Lone Oak Lane on Holiday Lane in the NW '/< of Section 12. J~H. SILVER BELL LIOUOR SALES VIOLATIONS. Consideration of Penalties for alcohol sales violations at Silver Bell Liquor, 1983 Silver Bell Road. VIII. COMMUNITY CENTER UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. ADJOURNMENT XIII. 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. /// -~ ~l MEMO ~~ city of eaga MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 27, 2003 SUBJECT: AGENDA INFORMATION FOR JULY 1, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 1, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 1, 2003 Eagan City Council Meeting A. CERTIFICATE OF RECOGNITION FROM CLEAN AIR FOR EAGAN (CAFE) AND TOBACCO FREE YOUTH RECREATION (TFYR). ACTION TO BE CONSIDERED: To receive a recognition certificate from Clean Air for Eagan and Tobacco Free Youth Recreation representatives for adopting a tobacco free policy at park venues FACTS: • Representatives of Clean Air for Eagan (CAFE) and Tobacco Free Youth Recreation (TFYR) will be at the July 1, 2003 regular meeting to present a certificate to the City Council recognizing their efforts to promote tobacco-free youth athletic events. • On March 2003 City Council approved posting signs expressing the prohibition of tobacco use at City of Eagan outdoor facilities and venues that are host to youth activities. • The City of Eagan believes tobacco use in the proximity of children is detrimental to their health. The policy illustrates commitment towards a healthy environment for youth. • Tobacco use is prohibited at outdoor recreation facilities owned by the City of Eagan where youth activities are being conducted. This includes: playgrounds, athletic sites, winter warming shelters, and skating/ tubing facilities. • The Parks and Recreation Department has posted appropriate signage. Observation at youth events has shown that the signs have been effective. • The APrC received recognition from CAFE and TFYR for their efforts on this matter at their May 19, 2003 meeting. ATTACHMENTS: • None a Agenda Information Memo July I, 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 June 17, 2003 regular City Council meeting, the June 17, 2003 Listening Session, the June 24, 2003, 5:30 special City Council meeting, the June 24, 2003, 3:30 special City Council meeting and the June 10, 2003 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 17, 2003 regular City Council meeting are enclosed on pages through ~. • Minutes of the June 17, 2003 Listening Session are enclosed on page ~~. • Minutes of the June 24, 2003 5:30 special City Council meeting are enclosed on pages 3 through ~. • Minutes of the June 24, 2003 3:30 special City Council meeting are enclosed on page ~. • Minutes of the June 10, 2003 special City Council meeting are enclosed on pages~_ through ~. 3 DR MINUTES OF A REGULAR MEETING OF THE ~ ~~ EAGAN CITY COUNCIL Eagan, Minnesota June 17, 2003 A regular meeting of the Eagan City Council was held on Tuesday, June 17, 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 Tilley moved, Councilmember Fields seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS K-9 RECOGNITION Police Chief Kent Therkelsen introduced Officers Bob Wagner and Dan Tocko along with their K-9 partners Cody and Gunnar. He outlined the contributions made to the community by K-9 teams, showing a brief video. He stated that Cody will be retiring from the Police Department. Gunnar is the newest member of the department and was extended a warm welcome. CONSENT AGENDA Mayor Geagan pulled items W and X. Councilmember Tilley moved, Councilmember Fields 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 June 3, 2003 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Larry Pierce, utility maintenance worker. 2. It was reconunended to accept the resignation of Bob Kriha, utility construction inspector. 3. It was recommended to approve the 2003-2004 collective bargaining agreement with the dispatcher bargaining unit (Law Enforcement Labor Services, Inc.) 4. It was recommended to approve the transfer of the Bumsville/Eagan Cable Coordinator position from the payrolUpersonnel system of the City of Eagan to the payroll/personnel system of the City of Burnsville. C. Check Re isters. It was recommended to ratify the check registers dated June 5, 2003 and June 12, 2003 as presented. D. Service Station Permits. It was recommended to approve 2003/2004 Service Station Permits for the following: Oasis Markets #5677, #5685, #518, #594, #576, #590, #357 and Cedarvale Texaco Food Mart. E. Amusement Device License Renewals. It was recommended to approve 2003/2004 Amusement Device License Renewals for D.V.M, Inc. and AWE Vending and Amusements, Inc. Eagan City Council Meeting Minutes June 17, 2003 Page 2 DRgFT F. New Massage Therapy Establishment Business License. It was recommended to approve a new Massage Therapy Establishment Business License for David and Marjorie Ragsdale (dba Keep in Touch of Eagan) to be located at 3424 Denmark Avenue. G. Premise Permit Renewal. It was recommended to adopt a resolution approving a Premise Permit Renewal for Eagan Hockey Association to sell pull tabs at the Cherokee Sirloin Room H. Off-Sale Beer License. It was recommended to approve the Off-Sale Beer license for RBF Corporation of Wisconsin, dba Rainbow Foods, 1276 Town Centre Drive. I. Joint Powers Agreement. It was recommended to approve the Joint Powers Agreement with Dakota County to Fund Jointly with other Cities the Dakota County Wetland Health Evaluation program in 2003. J. Contract 03-09. It was recommended to receive the bids for Contract 03-09, award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. K. Contract 03-09. It was recommended to approve a Wetland Conservation Act Permit for Contract 03-09 and authorize the Mayor and Clerk to execute all related documents. L. Land Purchase Agreement. It was recommended to approve a land acquisition purchase agreement with Blue Cross Blue Shield -Minnesota and authorize the Mayor and City Clerk to execute all related documents. M. Contract 03-0 I. It was recommended to receive the bids for Contract 03-01 (Town Centre Area - Street & Access Management Improvements), award the contract to McNamara Contracting Inc., for the total base bid in the amount of $957,326.94, and authorize the Mayor and City Clerk to execute all related documents. N. Contract 02-17. It was recommended to approve Change Order No. 1 to Contract 02-17 (Central Parkway and Cedar Grove Area - Streetscaping and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. O. Federal Funding Application. It was recommended to authorize the firm of Bonestroo, Rosene, Anderlik and Associates to prepare a Federal Funding Solicitation Application for State Trunk Highway (TH) 149 from TH 55 to Wescott Road. P. Contract 02-10. It was recommended to approve Change Order No. 3 to Contract 02-10 (Dodd Road - Diffley Road to Wescott Road Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Project 02-I. It was recommended to acknowledge the completion of Contract 02-I (Olson Burger Addition -Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. , R. Lot 1, Block 1, Hawthorne Woods 3`d Addition Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on July 15, 2003. S. Transportation Capital Improvement Plan. It was recommended to approve a resolution requesting inclusion of all County Highway segments included in the approved City of Eagan 5- year Capital Improvement Plan for 2004-2008 in the Dakota County 2004-2008 Transportation Capital Improvement Plan and authorize the Mayor and City Clerk to execute all related documents. T. Traffic Si i~al Li hg t Replacement. It was recommended to approve payment for replacement of traffic signal lights to Dakota County Highway Department in the amount of $6,205. U. Findings of Fact. It was recommended to confirm the Findings of Fact, conclusions and Resolution of Denial of the Comprehensive Guide Plan Amendment request of Mark Gergen and Associates to change the land use designation of approximately six acres platted as Lots 1 and 2, Cedar Ridge 2°d Addition, from O/S, Office Service, to MD Medium Density residential, locate in the northwest `/4 of Section 30. s Eagan City Council Meeting Minutes June 17, 2003 Page 3 DRAFT V. Agreement -Copy Machines. It was recommended to approve an agreement with Savin Corp. to lease new copy machines for City Hall. W. On-Sale Liquor and Sunday License. Pulled X. Rotary Club Donations. Pulled Y. Right of Way Vacation. It was recommended to receive the petition to vacate public right of way and schedule a public hearing to be held on July 15, 2003. W. On Sale Liquor and Sunday License. Mayor Geagan introduced Al Baker and thanked him for his contribution to the community during the past 23 years. Mr. Baker introduced Daniel Gavin who will be the new owner /operator of Al Baker's Restaurant. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve on-sale Liquor and Sunday License for Daniel Gavin, dba Al Baker's Restaurant, 3434 Washington Drive. Aye: 5 Nay: 0 X. Rotary Club Donations. City Administrator Hedges discussed the "Outstanding Public Safety Award" of the Rotary Club to a member of the Eagan Police and Eagan Fire Departments in recognition of outstanding public service. He stated as part of the recognition, the Rotary Club is donating $500 to the Police Department and $500 to the Fire Department. Mayor Geagan thanked the Rotary Club for their generous contribution. Councilmember Fields moved, Councilmember Tilley seconded a motion to accept a donation from the Eagan Rotary. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 801, SLIVER BELL ROAD STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Silver Bell Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 801 (Silver Bell Road -Street Improvements) and authorize its certification to Dakota County for collection excepting Parcel 10-22450-020-01. Aye: 5 Nay: 0 PROJECT 809, BLUE GENTIAN ROAD -STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Blue Gentian Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. One resident questioned if his property would be part of the assessment roll. Public Works Director Colbert stated the property would not be assessed. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. b Eagan City Council Meeting Minutes June 17, 2003 Page 4 ~~AFT Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 809 (Blue Gentian Road -Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 VARIANCE -DECOKES COOK-DUBRU City Administrator Hedges introduced this item regarding a request for a five foot front yard setback variance to construct a covered porch on the front of a single family dwelling at 625 Greenleaf Drive North. 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 Carlson moved, Councilmember Maguire seconded a motion to approve a five foot front yard setback variance to construct a covered porch on the front of asingle-family dwelling at 625 Greenleaf Drive North, legally described as Lot 11, Block 1, South Oaks, located in the SE'/4 of Section 25. Aye: 5 Nay: 0 LOT 11, ZEHNDER ACRES -EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public easement within Lot 11, Zehnder Acres. Public Works Director Colbert 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 easement within Lot 11, Zehnder Acres and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS STAFFORD PLACE -PERMIT PARKING City Administrator Hedges discussed this item regarding a petition submitted requesting Council to rescind their May 20, 2003 action of expanding the parking by permit only on the mailbox side of Ventnor Avenue. Catherine and Dennis Sable of Ventor Avenue asked that no additional restrictions be implemented from New York Avenue east to States Avenue. They explained that the parking restriction. will be a major inconvenience for them. Candice Lynch of Ventor Avenue also expressed her objection to the parking restrictions. Councilmembers discussed the request for reconsideration of their May 20, 2003 action and agreed that their previous action should stand. Eagan City Council Meeting Minutes ~ p June 17, 2003 r ` /`'~ Page 5 ORDINANCE AMENDMENT -CHAPTER 5, SECTIONS 5.32AND 5.57 City Administrator Hedges introduced this item regarding an ordinance amendment to City Code Chapter 5 regarding temporary beer and liquor license regulations. He discussed a proposal made by the CAPE Group (Changing Alcohol Polices at Events). The CAPE group met with Council at a previous special Council work session. The clarity of number 6 under Section 5.60, Subdivision 2 regarding the specific area to be designated for the sale of alcohol was discussed by Council, the City Attorney and staff. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to City Code Chapter Five by amending Sections 532 and 5.57 and add Section 5.60 regarding temporary beer and liquor license regulations. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE LAND USE AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) -BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a low density residential land use guide plan designation on 6.4 acres of land located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Maguire seconded a motion to direct that a Comprehensive Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located t 4880 Pilot Knob Road in the SW '/< of Section 34, be submitted to the Metropolitan Council for review and approval. No vote. Discussion was held among Councilmembers, staff and Brian Olson, developer, regarding the proposed project being adjacent to park property that is used for soccer fields. This situation could possibly create problems for soccer players and residents regarding the retrieval of stray soccer balls. It was agreed that submission of the Comprehensive Guide Plan Amendment be continued to allow Mr. Olson time to address the possibility of a berm, additional trees for screening and /or a recreation easement for his proposed development. Mr. Olson requested a continuance to the next meeting. Senior Planner Ridley suggested that Mr. Olson contact the Parks and Recreation Department operations staff to discuss the issue.. Councilmember Tilley withdrew her previous motion for submittal of the Comprehensive Plan Amendment to the Metropolitan Council. Councilmember Maguire concurred. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of a Comprehensive Plan Amendment for land located at 4880 Pilot Knob Road to the July 1, 2003 Council meeting. Aye: 5 Nay: 0 8' Eagan City Council Meeting Minutes /1 j~ June 17, 2003 V ~ ` q F T Page 6 PRELIII~NARY SUBDIVISION (GREYHAWK 2ND ADDITION) MARK GERGEN AND ASSOCIATES City Administrator Hedges introduced this item regarding a preliminary subdivision and planned development amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision and Planned Development Amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E in the SE '/4 of Section 20 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, B3, B4, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. A Planned Development Amendment Agreement shall be executed prior to final subdivision approval documenting the change in the site layout and the deviation allowed for the deck setbacks. 4. The developer shall prepare new Association documents that reference the new legal descriptions of the property and apportion ownership of Outlots A, B, and C to the other lots within the development. The Association documents shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 5. The developer shall install landscaping in accordance with the landscape plan dated November 25, 2003, signed June 11, 2003, including 21 six-foot balled and burlapped upright techny arborvitae along the northeast boundary of the development (behind Lots 8-16, Block 4). 6. The developer shall provide grading and a storm drainage system designed to direct storm drainage to the south away from the Lakewood Townhomes property. 7. The developer shall prepare a conservation easement document covering the north 15feet of Lots 8-16, Block 4, prohibiting alteration of that berm area between Greyhawk 2nd Addition and Lakewood Townhomes. PRELIMINARY SUBDIVISION (SODERI3AOLM 2ND ADDITION) AND A PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a preliminary subdivision and a planned development amendment at 4155 Lexington Way. Senior Planner Ridley gave a staff report. Kurt Manley of Manley Land Development was present to answer questions. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision tv create two commercial lots and a Planned Development Amendment to allow for an office at 4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval a adopted by Council on February 2, 1993: A1, B1, 2, 3,4, C1, 2, 4 Dl, E1. 2. The property shall be platted. 3. The Planned Development Amendment Agreement must be signed and recorded prior to issuance of a building permit. Eagan City Council Meeting Minutes June 17, 2003 Page 7 °RaFr 4. Cross easements providing for vehicle circulation shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 5. A revised Landscape Plan reflecting the suggested changes be submitted with Final Subdivision application. 6. A revised Lighting Plan reflecting the suggested changes shall be submitted with Final Subdivision application. 7. Any rooftop equipment shall be screen from view of all public right-of--way and private streets bordering the property to the south. 8. The trash enclosure shall be attached to the principle building and be constructed of similar materials and of a sinvlar design and color to that of the principle building. 9. All signage shall meet the requirements of the City's Sign Ordinance. 10. Provide a trailway easement in a form acceptable to the City Attorney and construct a sidewalk on the east side of Lexington Way. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY PLANNED DEVELOPMENT - NORHTWOOD POND DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation within the Special Area from O/S, Office Service to MD, Medium Density on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E. Senior Planner Ridley gave a staff report, stating that Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council and formal action on the associated Preliminary Planned Development should be withheld until the Metropolitan Council has approved and the City has implemented the proposed Comprehensive Guide Plan Amendment. Senior Planner Ridley discussed the Advisory Planning Commissions reasons for recommendation of denial. Mark Parranto, Delta Development, discussed the proposed townhome development. Councilmembers were in agreement that the land designation should remain commercial. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to draft Findings of Fact, Conclusions, and Resolution on the Comprehensive Guide Plan amendment to change the land use designation of 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges provided an update on activities at the Community Center. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges stated that he, Mayor Geagan and Councilmember Maguire will be attending the League of Minnesota Cities Annual Conference in St. Cloud June 18 through June 20, 2003. ~o Eagan City Council Meeting Minutes June 17, 2003 ~ /"~ A Page 8 !'~ /r-{ ADMII~TISTRATIVE AGENDA COMMUNITY DEVELOPMENT DIRECTOR INTERVIEWS City Administrator Hedges discussed the interview process for the Community Development Director position. He suggested that the interviews be scheduled at 3:30 p.m. on June 24, 2003 prior to the Special City Council Work Session scheduled for 5:30. Councilmember Tilley moved, Councilmember Fields seconded a motion to schedule June 24, 2003 at 3:30 for a Special City Council meeting for the purpose of interviewing final candidates for the Community Development Director position. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to temporarily adjourn the regular City Council meeting at 8:10 p.m. to immediately convene a meeting of the Economic Development Authority. Councilmember Tilley moved, Councilmember Maguire seconded a motion to reconvene the regular City Council meeting at 8:13 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Carlson moved, Councilmember Maguire seconded a motion to adjourn the meeting at 8:15 p.m. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. // MINUTES OF A LISTENING SESSION BRA F OF THE EAGAN CITY COUNCIL JUNE 17, 2003 6:00 P.M. The Eagan City Council held a Listening Session on June 17, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Margo Danner was present to discuss the 4t'' of July festivities and access to the Community Center. She also discussed the Lioness brick project and the statue that was donated by the Lioness Club. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk ~a MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 24, 2003 5:30 P.M. EAGAN CITY HALL COMMUNITY ROOM ROLL CALL AND AGENDA ADOPTION Councilmembers present: Mayor Geagan, Councilmember Carlson, Fields, Maguire and Tilley. Staffmembers present: City Administrator Hedges, Assistant to the City Administrator Lord, Chief Financial Office Pepper, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Police Captain McDonald, Police Chief Therkelsen, Parks and Recreation Director Vraa, Communications Director Garrison, Fire Chief Jensen, City Engineer Matthys and City Attorney Dougherty. Mayor Geagan opened the meeting and asked City Administrator Hedges for modifications/additions to the agenda. Hedges noted that under Other Business there were two items to be discussed; 1.) review signage stating, "Guns are Not Welcome in these Premises", and 2.) address the action taken by the City Council at the June 17 meeting regarding the temporary liquor license provision per the request of the Eagan's Lions Club. Councilmember Fields moved; Councilmemer Maguire seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 (Councilmember Tilley not yet present.) VISITORS TO BE HEARD Jim Cooper of Eagan Auto and Tire addressed the City Council to inform them that he has presented staff with the first two phases of an environmental assessment as well as an appraisal for the acquisition of his property in the Cedar Grove Redevelopment Area, and wants to know if the City is interested in purchasing the property. The City Council briefly discussed Mr. Cooper's request, and City Administrator noted that the Cedar Grove Redevelopment Area is on the agenda for discussion at tonight's meeting. Hedges also noted that should it be the Council's desire, Mr. Cooper's suggestion could be brought to the EDA at a future City Council meeting. FINDINGS OF FACT /COMPREHENSIVE GUIDE PLAN AMENDMENT, 6.29 ACRES, SECTION 10, DELTA DEVELOPMENT City Administrator Hedges introduced the item noting that the City Council received an application from Delta Development for a Comprehensive Guide Plan amendment at the June 17, 2003 City Council meeting, at which time the Council directed the City Attorney to prepare Findings of Fact for denial. Due to timing issues associated with the 60-day agency action requirement, the Council directed the City Attorney to prepare the Findings of Fact to be acted upon at the June 24`'' Council work session. Special City Council Meeting Minutes June 24, 2003 Page 2 Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the Findings of Fact and to deny a Comprehensive Guide Plan amendment to change the land use designation of 6.29 acres from OS (office/service) to MD -medium density to allow for development consisting of 42 townhome units and six building located on the east side of Pilot Knob Road and south of Northwood Parkway in the SW '/4 of Section 10. Aye: 4 Nay: 0 (Councilmember Tilley not yet present.) CEDAR GROVE REDEVELOPMENT LAND ACQUISITION COST STUDY Councilmember Tilley arrived at 5:45 p.m. City Administrator Hedges introduced the item noting that at the May 13, 2003 Special City Council meeting the Council directed staff to enter into a study to: 1.) determine a sale price for a developer's acquisition (assembly and demolition); 2.) timeline; and 3.) financial realities for the proposal by Bakken Properties of Minnesota, LLC. Director of Administrative Services VanOverbeke provided a summary of the study to the City Council, which included the assembly of costs incurred to-date resulting from the acquisition of 13 properties in the Cedar Grove Redevelopment Area. VanOverbeke also summarized cost projections to acquire other parcels in the TIF District. Jim Prosser, financial consultant to the City from Ehlers and Associates, presented a summary of a memorandum to the City Council, which stated that the study conducted by City staff is consistent with Ehlers and Associates redevelopment projections for Cedar Grove. The City Council discussed the study and cost to acquire properties. Mayor Geagan inquired whether a market analysis has been done to know what uses will support themselves in Cedar Grove. Prosser responded that a market analysis was done in 1998; however, the market has changed considerably since that time. The City Council discussed the possibility of conducting a market analysis and whether or not to focus on specific areas within the Cedar Grove Redevelopment Area, primarily the central area. Prosser noted that it would be helpful to receive a market analysis update from Maxfield Research regarding the outlook for the Cedar Grove Area, which would cost approximately $9,000. Prosser stated that it is customary for developers to pay for a more detailed market analysis. Councilmember Tilley moved; Councilmember Fields seconded a motion to direct a market analysis update from Maxfield Research to be ratified at the July 1 City Council meeting on the Consent Agenda. Aye 5 Nay: 0 REVIEW GENERAL FUND OPERATING BUDGET INFORMATION City Administrator Hedges introduced the item noting that the Council had discussed the process for the 2004 budget preparations at their May 21, 2003 Special City Council workshop. Included in those discussions were questions about reform, revenue projections, use of reserves and philosophies on budget reductions. Hedges informed the Council that due to the comprehensive process required for budget preparations, a detailed budget would not be available until early August for Council review, at which time the City Administrator will have had the opportunity to meet with each of the Department Directors about the budgets being presented. Hedges noted to the City Council that included in their packet were charts showing that the City of Eagan has the lowest per capita expenditures in cities of 50,000 or more in the state of Minnesota, as well as the lowest personnel per 10,000 population. /y Special City Council Meeting Minutes June 24, 2003 Page 3 Director of Administrative Services provided a summary of the narrative presented to the City Council. Included in his presentation was a summary that Local Government Aid (LGA) and the Homestead Market Value Credit (HMVC) will no longer be available in 2004 due to reductions by the state; however, the City is able to levy back 60 percent of the 20041oss. The City Council discussed the public policy questions presented to them in their packets. The City Council requested the following information and/or responses as part of the budget preparation process: l.) If the City levied to the max, what would it cost the average homeowner? 2.) Research user fees in order to determine what increases could be made (i.e., building permits, plan check fees, Parks and Recreation program revenues, and licenses). 3.) Research the effects of using the fund balance to make up '04 losses. 4.) Provide an income to expense ratio for the City Council (include the Community Center's "over budget"). 5.) Provide information as to what would occur if the City used the contingency to make up '04 losses and/or to be used at the Community Center. 6.) Administrative transfers -what transfers are being proposed? 7.) Provide revenue options for the City Council's information (i.e., antennae lease, not using contingency, reallocating levy, etc.). The City Council discussed expenditure and revenue projections as presented to the City Council. Upon further discussion, there was City Council consensus for each Councilmember to e-mail City Administrator Hedges with their comments on the proposed General Fund Operating Budget information, as well as to provide responses to the public policy questions raised on page 26 of the Council packet. The Council directed that all a-mails should be sent to City Administrator Hedges by Monday, June 30. JOINT ADVISORY PARKS AND RECREATION COMMISSION Presentation of Holz Park Master Plan: The Mayor welcomed the APrC and thanked them for joining the Council for the joint meeting. Ciry Administrator Hedges introduced the first item, noting that in late October of 2003 the Council directed the City to begin the master planning process for Holz Farm Park. In December, Council approved Brower and Associates as the firm to conduct the study. Since that time, the consultants met several times with members of Friends of the Farm, the group of volunteers who conduct stewardship of Holz Farm, and have had two meetings with the neighboring property owners in the vicinity of Holz Farm Park. Parks and Recreation Director Vraa introduced the consultants from Brower and Associates, who gave a presentation on the proposed Holz Farm Master Plan. The City Council discussed the plan as presented. The consultant noted that an approximate cost of $400,000 to $500,000. Parks and Recreation Director Vraa noted that the purpose of tonight was to expose the City Council to the initial plan before proceeding onto an adoption stage. The City Council discussed the plan and, in particular, parking needs, historic preservation, trail system, and projected timeline for completion. /S Special City Council Meeting Minutes June 24, 2003 Page 4 Councilmember Carlson noted that the City should explore the acquisition of conservation easements for the 20 foot setback along the Holz Farm property line. The City Council inquired with the consultants about the priorities of the neighbors. The consultants noted that upon meeting with the neighbors, the neighbors' priorities included completing the trail system and expanding the play space. Mayor Geagan stated to the Council and APrC that this may be a slow process given the budget environment in which the City is in. Councilmember Carlson noted the importance of preparing access points before land is developed. Councilmember Maguire stated his hope that the neighborhood park improvements remains on the same improvement schedule with other Eagan parks. Members of the City Council also expressed their hope that the historic nature of the park remained a priority. The City Council and members of the APrC discussed designating Holz Farm Park as a state historic site. The City Council directed the APrC to acquire more information about the historic preservation process of the State of Minnesota. Caponi Art Park Collaboration Review: City Administrator Hedges introduced the item, noting that in April of 2003 the City Council met with Tony Caponi regarding a proposed collaboration between the City, the Art Park Trustees (and later, possibly, the Board) and Macalester College. At that time, the City Council directed the APrC to investigate several aspects of the collaboration as proposed by Caponi, including public purpose, governance, operations and organization, and funding. APrC Chair Terry Davis and APrC member Dorothy Peterson provided a summary of the APrC's Caponi Art Park proposal. Included in the report was a summary of the advantages of having a public park, the governance structure, operations and maintenance, and funding suggestions. The City Council and APrC discussed the report. Mayor Geagan noted that, as with all items, competition for funds exists. The City Council discussed the possibility of a referendum to pay for the acquisition of Caponi Art Park as well as other green space initiatives. Cheryl Caponi was present at the meeting and noted her hopes that collaboration could be reached with the City. City Administrator Hedges informed the Council that the City must give at least 49 days notice before an election regarding the ballot question to be asked through the referendum process. Cheryl Caponi addressed the City Council with her hope that a Caponi Board of Directors could be in place and encouraged the City's involvement on the Board. Three Eagan residents addressed the City Council regarding Caponi Art Park. The first suggested a referendum in 2004 to acquire property within the Eagan core-greenway. The second citizen recommended the City focus on existing parks and to enhancing Central Park rather than acquiring new property such as Caponi Art Park. The third resident suggested the preservation of Caponi Art Park, Patrick Eagan Park and the McCarthy property. /6 Special City Council Meeting Minutes June 24, 2003 Page 5 Upon further review of the APrC's recommendations, the Council provided the APrC with the following direction: • Explore the option of a referendum, and attach a monetary value to it o Explore possibilities and issues associated with putting it on the '03 ballot o Explore possibilities and issues associated with putting it on the '04 ballot o Explore issues associated with having Caponi on a referendum ballot as a stand alone item o Explore issues associated with having Caponi on a referendum ballot as part of a larger Eagan open space acquisition referendum • In regards to the funding options, brainstorm where the City would find 50 percent of the funding not covered by the Park Site Fund • Provide further detail into funding /Option 2: two-phased approach with no purchase obligation. "Option 2 uses the same techniques as preferred Option 1, except there is no obligation for the City to purchase the property using internal funds as described in preferred Option 1, phase 1. Phase 2 would remain unchanged." • The APrC should prepare to suggest nominees for the Caponi Art Park Board and the timeframe for completion. The City Council voiced their appreciation for the work that the APrC did in preparing the Caponi study. Burr Oaks Trail Studv: City Administrator Hedges introduced the item noting that the Council had charged the APrC with undertaking a study regarding possible improvements to the Burr Oaks Park trail system and to report back their findings. Parks Superintendent Olson provided a summary to the Council of the proposed Burr Oaks Park improvements. Olson noted that the improvements are scheduled in the 2004 CIP with a place holder of $50,000. The City Council reviewed and discussed the proposed plans and members voiced their opinion that the plans may be a bit extensive for one neighborhood. Councilmember Maguire added that the neighborhood needs a trail connection to 149. The City Council directed the APrC to refine the Burr Oaks trail study for consideration as part of the 2004 CIP process. STAFFORD PLACE ON-STREET PARKING SIGN CRITERIA City Administrator Hedges introduced the item noting that the Council considered parking by permit system at their May 20, 2003 City Council meeting. The City Council was presented with a matrix prepared by the City Attorney's office providing various options for the Council to consider in defining the appropriate policy to be used as the basis for the parking by permit system ordinance. City Administrator Hedges noted that staff needs direction for an ordinance to be prepared for the July 15tH City Council meeting in order that signs could be ordered and installed before the 2003/2004 school year. /7 Special City Council Meeting Minutes June 24, 2003 Page 6 The City Council gave the following direction regarding permit parking regulations: 1.) Permit issued to the property address only 2.) 3 permits to be issued to each address 3.) No age specification 4.) No visitor permits 5.) Service/contractors to be exempted from parking restrictions 6.) Permits will be transferable with restrictions; need to identify 7.) Permit duration will be as long as it is held by the resident 8.) No Permit fee charged 9.) No duplicate permit fee charged 10.) No additional parking restrictions 11.) No additional permit parking requirements 12.) Permit must be displayed BUILDING SECURITY SYSTEM UPDATE City Administrator Hedges introduced the item noting that per Council direction, over the past 2 plus years staff and more recently staff and a security consultant, have been working on available options to provide additional building security at certain City facilities. Hedges summarized the estimated costs based on the specifications provided by the security consultant. The City Council discussed the security measures and noted that given the economic climate that the City is in, the security improvements would not be in order at this time. The Council encouraged staff to continue to establish a culture of everyone wearing identification badges. Director of Administrative Services informed the Council that the Police security system is aging and will need to be looked at in the future for replacement, which the City Council acknowledged. OTHER BUSINESS Conceal and Carry Gun Si~nage: City Administrator Hedges presented draft samples of the signage to restrict weapons on City property. The signs state "guns are not welcome in these premises". There was City Council consensus to order the signs as presented. The City Council directed that the signs will be hung at all City buildings, not including parks or park shelters. Temporary Liquor License and Temporary On-Sale Liquor License Ordinance Amendment: The City Council discussed the ordinance amendment that the Council approved at the June 17 meeting. The Council directed that in Chapter 5, Section 5.60, Number 10 be amended to delete the reference to no alcohol consumption within 12 hours of the event, and rather state that no person selling alcohol shall consume and/or be intoxicated during their work shift. The City Council directed that the change be included on the July 1 Consent Agenda to be formally be corrected. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn the meeting at 10:40 p.m. /~ MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 24, 2003 3:30 P.M. COMMUNITY ROOM EAGAN CITY HALL ROLL CALL AND AGENDA Members present: Mayor Geagan, Councilmember Carlson, Fields, Tilley and Maguire. Staff members present: City Administrator Hedges and Assistant City Administrator Duffy. DIRECTOR OF COMMUNITY DEVELOPMENT POSITION INTERVIEWS The City Council held interviews for the three finalist candidates for the position of Director of Community Development: Jon Hohenstein, Dennis Welsch and Scott Clark. ADJOURNMENT The meeting adjourned at 5:00 p.m. /9 MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 10, 2003 5:30 P.M. COMMUNITY ROOM EAGAN CITY HALL ROLL CALL AND AGENDA Members present: Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were staff members: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Fire Chief Jensen, Police Captain McDonald, Senior Planner Ridley and City Attorney Dougherty. Mayor Geagan opened the meeting and recognized the passing of Gunnar Isberg, a long time Eagan resident who was very involved in the community. The City Council and audience observed a moment of silence in honor of Isberg. City Administrator Hedges noted two additions to be discussed under Other Business: 1.) Silver Bell Liquor violations; and 2.) Correspondence to the DNR regarding the Natural and Scenic Area Grant application. The City Council, per the recommendation of City Administrator Hedges, also continued item V. regarding the consideration of an ordinance amendment regulating fireworks displays and fireworks sales. Councilmember Maguire moved; Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley were not yet present.) VISITORS TO BE HEARD There were no visitors to be heard. FINDINGS OF FACT / WELSCH CONSTRUCTION FOR A PLANNED DEVELOPMENT AMENDMENT TO AMEND THE DESIGN OF THE SECOND MONUMENT SIGN ON LOT 1, BLOCK 1, GATEWOODS ADDITION LOCATED AT 1185 TOWN CENTRE DRIVE City Administrator Hedges introduced the item noting that typically this sort of item would be on a regular agenda. However, given the 60 day clock, action was needed at this meeting. Councilmember Maguire moved; Councilmember Fields seconded a motion to adopt the Findings of Fact. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley were not yet present.) CONSIDER NO PARKING REGULATIONS FOR BRADDOCK TRAIL City Administrator Hedges introduced the item noting that at the May 20`h City Council meeting additional parking restrictions within the Stafford Place neighborhood and Braddock Trail were discussed as a formal agenda item. Per the Council's request, the agenda item was added in the event ~D Special City Council Meeting Minutes June 10, 2003 Page 2 the Council chose to reconsider the action taken at the May 20`h Council meeting. Mayor Geagan noted that he met with residents of Braddock Trail. Mayor Geagan informed the audience that a letter was sent by the City on June 5`h as an update on the permit parking revisions and Braddock Trail re-striping. Following his meeting with residents of Braddock Trail, the Mayor sent out additional correspondence to summarize the meeting. Public Works Director Colbert presented a summary on the action taken thus far regarding Braddock Trail. Three residents of Braddock Trail addressed the City Council with their concerns about signage being installed along Braddock Trail. Councilmember Tilley arrived at 5:50 p.m. The City Council discussed the issues regarding re-striping, crosswalks, and signage along Braddock Trail. Three additional residents of Braddock Trail addressed the City Council with their concerns about the crosswalks, mailboxes, and the need for a safety zone for kids on the corner of Braddock Trail. Councilmember Tilley moved; Councilmember Fields seconded a motion to rescind the City Council direction from May 20, 2003. Aye: 4 Nay: 0 (Councilmember Carlson not yet present) Mayor Geagan moved; Councilmember Fields seconded a motion to approve the recommendations voiced at the June 5`h meeting of the Braddock Trail residents, which included: • Permitting and striping will remain the same as currently configured • No speed bumps • Designate no-parking from the intersection of North Pennsylvania Avenue to Northview Park Road on the east side of Braddock Trail • Stress police enforcement of both speed and the no-parking by mailboxes • Do not remove or change the existing signage • Eliminate bagging signs for special events • Hold the parking lane striping back at a distance to be based on an engineering study in each direction at every intersection to provide better sight distances for vehicles entering Braddock Trail • No pedestrian crosswalks Councilmember Carlson arrived at 6:10 p.m. Aye: 4 Nay: 0 (Councilmember Carlson abstained.) The City Council discussed a new ordinance regarding "parking by permit only" for Stafford Place. City Attorney Dougherty presented permit options from other cities. The City Council discussed the ordinance and staff was directed to provide Council with specific options for a permitting process before an ordinance is formulated. The item was directed to the June 24~' Special City Council workshop. ai Special City Council Meeting Minutes June 10, 2003 Page 3 CONSIDERATION OF ORDINANCE AMENDMENT REGULATING FIREWORKS DISPLAYS AND FIREWORKS SALES This item was continued to a later date. CONSIDER DRAFT ALCOHOL POLICY TO REGULATE SPECIAL EVENTS /CAPE City Administrator Hedges opened the item noting that at the May 13th Special City Council meeting, members of CAPE (Changing Alcohol Policies at Events) addressed the City Council regarding their request that the City of Eagan review and prepare a list of procedures for temporary malt liquor licenses and temporary on-sale licenses. Members of CAPE presented a brief summary of their recommendations. City Attorney Dougherty suggested that their recommendations be in an ordinance in order to be enforced. Police Captain McDonald concurred with City Attorney Dougherty's position. The City Council discussed CAPE's recommendation and the possibility for an ordinance amendment. The Council also discussed whether alcohol should remain in a designated area at special events. Councilmember Tilley moved; Councilmember Fields seconded a motion to direct the City Attorney to prepare an ordinance amendment to the temporary malt liquor license and temporary on-sale liquor license provisions, per the recommendations of CAPE, to be presented to the City Council at the June 17, 2003 City Council meeting. The Council also directed that the resource packet provided by CAPE be included with all liquor license applications. Aye: 5 Nay: 0 REQUEST BY DAKOTA WOODLAND TO WAIVE FEES FOR JUNE 28 SOFTBALL TOURNAMENT City Administrator Hedges introduced the item noting that the City received a request from representatives of Dakota Woodland to waive the field/facility use fee for their June 28 fund raising softball tournament. The City Council discussed the request of Dakota Woodlands and stated what the City does for one they must do for all and, therefore, could not waive the fee. The Council thanked Dakota Woodlands for the service they provide to the community. Councilmember Carlson moved; Councilmember Maguire seconded a motion to deny the request of Dakota Woodlands to waive the field/facility use fee for their June 28 fund raising softball tournament. Aye: 5 Nay:O REVIEW MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPIST LICENSE FEES City Administrator Hedges introduced the item noting that this item came to the Council's attention at the May 13 Special City Council meeting when the cap on the number of massage therapy establishment licenses was discussed. Dave Ragsdale, Vice President of Keep in Touch, addressed the City Council noting that the license fees, business fees, background charge, and therapy fees were all high in comparison to nearby cities. The City Council discussed Mr. Ragsdale's concerns. Councilmember Maguire moved; Councilmember Fields seconded a motion to reduce the therapist background check fee from $200 to $100. The City Council discussed the motion. Councilmember Tilley suggested $75 rather than $100. Aye: 4 Nay: 1 (Tilley opposed) a~ Special City Council Meeting Minutes June 10, 2003 Page 4 Councilmember Carlson moved; Tilley seconded a motion to reduce the annual therapist license fee from $50 to $25. Also included in the motion was the action to not change the initial business license fee, the annual business license fee, the business background check fee or the initial therapist license fee. Aye: 5 Nay: 0 CONSIDER ZONING CATEGORIES FOR CURRENCY EXCHANGE OPERATIONS City Administrator Hedges introduced the item noting that the City Council briefly discussed an ordinance amendment related to currency exchange operations at the May 22, 2003 City Council meeting, where the item was directed for further discussion to the June 10 work session. Senior Planner Ridley summarized the item noting that the City Attorney had modified the amendment to mirror the adult use ordinance in regard to protected uses. The City Council discussed the modified amendment. Councilmember Carlson moved; Councilmember Tilley seconded a motion to direct the City Attorney to prepare an ordinance amendment to include a change to No. 3 in the draft Ordinance Amendment to read "No currency exchange business shall be located closer than -~88A (change to 200) feet to any existing currency exchange business, secondhand goods stores or pawn shop, daycare facility, on or off sale liquor establishment, park or public facility or residential property, including R-4 (residential multiple district) properties". Aye: 5 Nay: 0 CONSIDER ORDINANCE AMENDMENT ALLOWING 2:00 A.M. CLOSING FOR ON-SALE LIQUOR ESTABLISHMENTS City Administrator Hedges introduced the item noting that the recently passed state legislation regarding the 2:00 a.m. closing time for on-sale liquor establishments goes into effect on July 1, 2003. Currently, the Eagan City Code states a 1:00 a.m. closing time which would remain in effect unless the City chose to extend the closing time to 2:00 a.m. The City Council discussed the proposed ordinance amendment and inquired as to whether the City could provide a separate license for those establishments that wish to stay open between 1:00 and 2:00 a.m. The City Attorney suggested that a separate fee probably is not appropriate, rather an across the board change would be more effective. The City Council inquired with Captain Jim McDonald regarding enforcement between 1:00 a.m. and 2:00 a.m. and whether or not he anticipated a significant change. Captain McDonald noted there have not been major problems in those time periods and did not anticipate a significant difference in enforcement. The City Council directed staff to inquire with neighboring communities as to how they ware handling the 2:00 a.m. closing time and to set a date to bring this item back to the City Council, at which time license holders would be noticed to inform them of the City Council's consideration of the item. The Council also directed that staff obtain a copy of the survey currently being conducted by the ECVB regarding the 2:00 a.m. closing time. CONSIDER CONCEAL AND CARRY LIABILITY AND PUBLIC BUILDING RESTRICTIONS City Administrator Hedges introduced the item noting two items before the Council's consideration. First, the liability issues associated with the conceal and carry legislation, and second, direction on whether City employees should be allowed to carry weapons on City property. City Attorney Dougherty addressed the liability issues noting that the City is not permitted to stop a third party from carrying a weapon onto City property unless the person is a City employee. The City Council discussed the conceal and carry liability. a-3 Special City Council Meeting Minutes June 10, 2003 Page 5 Councilmember Carlson moved; Councilmember Tilley seconded a motion to post signs stating guns are not welcome here, to be consistent with the City of Duluth signs. The Council directed that signs be posted on major City buildings. Aye: 5 Nay: 0 The City Council also discussed whether restrictions should be placed on the ability of employees to carry weapons on City property. Council directed staff to monitor the activity of the League of Minnesota Cities for a suggested personnel policy. CONSIDER STAFF RESEARCH ON CREATING A SEPARATE ECONOMIC DEVELOPMENT AUTHORITY City Administrator Hedges introduced the item noting the powers that the Economic Development Authority has. The City Council discussed the EDA's authority and it was the Council's consensus to retain these authorities by continuing to serve as the EDA. OTHER BUSINESS 1. Silver Bell Lipuor City Administrator Hedges provided a background on the recent violations of Silver Bell Liquor. City Attorney Dougherty noted that the City has a responsibility to provide administrative hearings before taking action on penalty and/or revocation of the license. The City Council directed this item back to the June 17 meeting. 2. Correspondence, DNR City Administrator Hedges presented a letter to Peggy Booth, DNR Community Assistance Manager, regarding the City's application for the Natural and Scenic Area Grant to be used for the acquisition of the Anderson parcel. Councilmember Carlson noted that she had been contacted by a member of Friends of Patrick Eagan Park, asking that an outline be prepared regarding the likelihood of funding being secured for the acquisition of the Anderson parcel. The City Council directed staff to send additional correspondence to Peggy Booth to present the City's "Funding Roadmap". The Council directed that the letter be sent in certified mail to Ms. Booth by June 28. ADJOURNMENT Councilmember Tilley moved; Councilmember Carlson seconded a motion to adjourn the meeting at 8:15 p.m. ~~ Agenda Information Memo July 1, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Director of Community Development-- ACTION TO BE CONSIDERED: To approve the hiring of Jon Hohenstein as Director of Community Development. Item 2. Skating School Coordinator- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as Skating School Coordinator. FACTS: ^ Interviews have been held for this position and background checks are being processed. ^ Staff will supply the name of the person to be recommended for hire with Additional Information in Monday's packet. ~.`~ Agenda Information Memo July 1, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 19, 2003 and June 26, 2003 as presented. ATTACHMENTS: Check registers dated June 19, 2003 and June 26, 2003 are enclosed without page number. ~~ Agenda Memo July 1, 2003 CONSENT AGENDA: D. Tree Maintenance Contractor License ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Tree Techs, 13849 Euclid Court, Apple Valley, MN FACTS: • All requirements of the application have been met and staff deems the license in order for approval. ATTACHMENTS: • A copy of the application is attached without page number. a7 Agenda. Information Memo July 1, 2003 Eagan City Council Meeting E. CHANGE ORDER NUMBER 13, EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve change order number 13 to the Eagan Community Center in the total amount of $ $26.928.00 FACTS: Change order number 13 is being recommended for approval after review by the Architect, Construction Manager and staff and consists of the following items: 1) Architectural Revisions PCO 1086 Fire stop sealants 15 -Seal Treat, Inc $ 940.00 Install fire stop sealants at masonry expansion joints in fire-rated walls. This is a code requirement. PCO 1177 Change sprinkler heads 35 -Summit $ 2,948.00 Remove semi-recessed sprinkler heads and replace with flush type heads to avoid damage from partion walls. PCO 1178 Caullc joints at E.I.F.S. Multiple $ 0.00 PCO 1179 Repair water damage on wall in the 11 -- Minuti-Ogle $ Seniors room, 585.00 PCO 1180 Fireproof columns above ceiling 11 -- Minuti-Ogle $ 22,455.00 This is a code requirement that there be fireproofing between two building levels PCO 1181 Remove and replace one hollow Multiple $ 0.00 metal doorframe. Doorframe was incorrectly installed in a masonry wall, the door would not fit it properly. Note: PCO 1178 & 1180 are recorded to reflect c0osts incurred but charged back to another contractor. ~b Agenda Information Memo July 1, 2003, Eagan City Council F. FINAL PLAT (RIVERS EDGE) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Plat (Rivers Edge) consisting of one outlot for property located adjacent to the Burnsville border, west of Hwy. 13 and south of Hwy. 77, in the SW '/a of Section 19. FACTS: • Rivers Edge Addition consists of a single family development in the City of Burnsville, and the subject site in the City of Eagan. • In March, 2003, the City of Burnsville approved a Planned Unit Development and Preliminary and Final Subdivision for Rivers Edge. • The subject parcel in Eagan is currently platted as Outlot A, Four Paws Addition, and has been acquired by the developer of the adjacent land in Burnsville. • The parcel will contain a lift station and provide overflow drainage to serve the Rivers Edge development in Burnsville. • The parcel is being incorporated into the Burnsville plat and will become Outlot C, Rivers Edge. • The parcel consists of a single outlot, currently platted as Outlot A, Four Paws. The replatting of the parcel as Outlot C, Rivers Edge appeared earlier on this Council agenda. • The development's homeowners' association will own the outlot and the lift station. Access to the parcel will be provided via a private street to be constructed within the Rivers Edge development. ISSUES: To ensure association ownership and access to the outlot, the developer is submitting a copy of the homeowners' association documents to the City for review and approval by the City Attorney prior to final plat approval. The PUD approval from the City of Burnsville includes a condition that the land within the City of Eagan "shall be made a part of the ownership of the association for storm water purposes including maintenance information. City of Eagan must approve the land use and improvements as a signatory to the plat." ATTACHMENTS (1): Final Plat, page ay Y ~ _ NO7E: PRELIMINARY Subject to revision without notice. $ fn . '„ i ., 0a uy 4~ f /~ F' "' 3y° I ~\, ` \ / I ~ ~ ~ n I /II /, / I \ Q \ O ~ , // ~ I l / tr / 's ~ ~ III . .... _... ~f~l C... .. I I 1 li ~ ' ~ ~ \~ \ ~ 1 . I l ~ ` I I a II / , / \ ~ ~ I I , l ; r" s~ b~ ~ , I , If / ~~~ I ~ d r i ce . 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Y , \\•5/ a I1 \\ '-~' ~,\\ ~ ~:~\ a"°~•o ~T' \~r ~_ ~'~ (:1 / ~~ ^ •• , ` r •N 9 I " l , ~ '\ `\ \ \~ ~ Fri ~.~ I l . ~ I *OD f ~~ >fciJ x_____23! ____~ ~. 1c9~ ~__JBr2 __J yy Y' R~~~ $9 -K : •.m i 1 I L____~3U!_____ " i , ___-S___________ - .amrmZ ~ xcx •-' e ut a me x ~~.---~ ` ,N00'18'28"E 195.95 •.[ ure a xe u r/. n n.e he i~~ ~q v~ T uW ~~'- vvT~_vr r'~ n T~;: els ss O ~4 _ ,~ - ~ "=aye'=~ 3 m ~ ~~^ %~ cn ~ ~~ # 0 0 # m^r~ppc~~ "~.'n R u f~m ', rV ..Q~ Lb mA D I n if,'~7 1'~a n na3 I VI N 0 ~Z:;~ ~ may ~ ~~~ Y s --r- - Z a~ a _~-~ ~ - ~~nc4i ~$ ~ ~^~^i ~~ I ~ : 1 3 ~a~ Nm i^° I ~ " ., '. I I r /V m `~'' 1^• 1 V ! m co E o~~ 4 °A9 M A Agenda Information Memo July 1, 2003 Eagan City Council Meeting G. PROJECT 883, BEECHER DRIVEI CLEARVIEW ADDITION STREET LIGHTING IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 883 (Beecher Drive/Clearview Addition -Street Lighting Improvements) and schedule a public hearing to be held on August 5, 2003. FACTS: • Contract 883 provided for the installation of three street lights on existing power poles on Beecher Drive, east of Blackhawk Road and north of Cliff Road. • This project, installed by Dakota Electric Association, 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 41% under the estimate contained in the feasibility report presented at the public hearing held on February 18, 2003. • An informational meeting will be held prior to the Final Assessment Hearing to address in detail any concerns the property owners may have. 3/ Agenda Information Memo July 1, 2003 H. PROJECT 851, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Easement Agreements for Project 851 (Town Centre Area -Street & Access Management Improvements) with the owners of Parcels No. 10-77040-010-01 and 10-77040-020-01 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. • On June 17, 2003, the City Council awarded the contract to McNamara Contracting Inc., anticipating a July 7 construction start. • The street 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 values of the currently considered easements for the properties are $2,600.00 and $2,700.00, respectively. Staff has suggested offers totaling these amounts to the property owners. The property owners have consented to the offers. • Agreements between the City of Eagan and the owners of Parcels 10-77040-010-01 (Lot 1, Block 1 Town Centre 70 Sixteenth Addition) and 10-77040-020-01, (Lot Z, Block 1 Town Centre 70 Sixteenth Addition), have been prepared providing for the acquisition costs for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreements and found them 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 July 1, 2003, Eagan City Council Meeting I. EMERGENCY PHONE NETWORK ACTION TO BE CONSIDERED: To direct staff to develop an agreement with Qwest for subscription to the Qwest Emergency Phone Network. FACTS: • Objective 9.1 in the 2001 City Council goals was to "Implement Rapid Outbound Telephone Notification System". • In 2002 the City Council approved $25,000 for this purpose in the 2003 Police Department Budget. • Police staff has researched these systems, commonly referred to as "Reverse 911" systems. • The Emergency Phone Network offered by Qwest Communications is the only system staff could identify which includes daily updates to the 9-1-1-data base at no additional cost and requires no purchase or lease of hardware or software to enable their system to function. • Based upon staff research, the Police Department recommends the following: o The City enter into a three year agreement with Qwest to provide this service at $25,764 per year. o The one-time set up fee charged by Qwest of $22,800 be paid from the 9- 1-1 surcharge account. (Required by state law to be used on 9-1-1 related expenses). ATTACHMENTS Attached on pages ~ to ~ is a memorandum from Police Captain Rick Swanson to Police Chief Therkelsen summarizing the features and costs of the three systems which were evaluated by staff. 33 MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-675-5700 651-675-5707 FAX DATE: June 25, 2003 TO: Kent Therkelsen, Chief of Police FROM: Rick Swanson, Captain ~,S SUBJECT: Reverse 9-1-1 Summary and Recommendation Background In 2002, the City Council directed the police department to research and evaluate a community notification system for our community. The City Council allocated an additional $25,000 to the police department 2003 budget for funding of the system. A community notification system provides mass phone calling capabilities to residents and businesses with apre-recorded message concerning an emergency situation impacting the community. The system allows for specific geographically defined areas of the city impacted by the incident to receive the phone notification message. Some examples of incidents requiring community notification would be hazardous material spills, natural disasters like the flood of 2000, missing children, hostage or barricaded suspect situations, etc. Research and Evaluation Three different vendors were selected for service options and associated cost comparison based on a three-year contract agreement. The three vendors selected were Intrado Intellecast Target Notification (Intrado), Community Alert Network (CAN) and Qwest Emergency Phone Notification. The vendors were evaluated on the following basic function criteria for a notification system: • Costs, both initial set-up fees and annual or monthly fees charged for basic service and additional program options. • Per call fee charged. • E 9-1-1 data base availability to include non-published/non-listed phone numbers. • Simulation event activations. • Interface capabilities between the police department and the company. • Pre-planned event capabilities for messages. • Separate call list availability to talk city employee groups for notifications. • Vendor support availability. • Automated reporting during phone notification activation. 3~ Reverse 9-1-1 Summary and Recommendation Memo Page 2 Attached is a matrix comparison chart of the vendor costs and functions provided of the above listed items. Vendor Costs 0 The average vendor costs for a three year agreement are: Vendor 3 r. ave. cost aid annuall 3 r. ave. cost aid monthl Community Alert Network $32,783 $34,928 Intrado $41,328 $41,328 Qwest EPN $33,364 $33,364 The only additional cost to the above fees is when the community notification system is activated. If so, there is a charge ranging from 23 to 25 cents per either an attempted or completed 30 second phone call. Recommendation Based on the above costs and the functions provided by the different vendors, my recommendation is to select Qwest as the vendor for the community notification system. Qwest and Community Alert Network (CAN) are relatively close in cost with Qwest costing $581 more per year for athree-year agreement paid annually but Qwest costs $1,564 less per year for athree-year agreement paid monthly. This is because CAN charges a "contract management fee" if the subscriber pays on a monthly basis versus annual basis. Even more important for recommending Qwest is because it is a "turnkey" system. The entire cost for the system is clearly stated and there are no additional fees charged for any of the other services evaluated. The Qwest E 9-1-1 data base is a daily updated data base containing non-published/non- listed phone numbers. The other vendor data bases either didn't contain non-published/non-listed numbers or their updates only occurred annually or quarterly unless additional fees were paid. The additional fees were for monthly updates and also to purchase the Qwest E 9-1-1 data base so we would have the most current and accurate data base available in the event a community notification is necessary. In addition, there maybe additional "format grooming" costs from the other vendor(s) for utilizing the Qwest E 9-1-1 Data Base. There is no software installation involved with Qwest and therefore would not impact any city staff time requirements for maintenance and upkeep. The cost for Qwest also provides more simulation events, pre-planned event capacity and call list availability then the other vendors without being charged additional fees. Lastly, Qwest's yearly fee would be $25,764 a year for each of the three years. As previously mentioned, there is $25,000 a year in the police department budget for this cost and the cost overage of $764 a year can be absorbed by the department budget. Qwest is the only vendor charging cone-time "Initial Set-Up Fee" of $22,800 for athree-year contract. The city receives 9-1-1 surcharge funds from the state and county to pay for and upgrade Enhanced 9-1-1 Services. As of May, 2003 there is a ~~ Reverse 9-1-1 Summary and Recommendation Memo Page 3 balance in this fund of approximately $130,000. State Statute strictly governs what these funds maybe spent on and a community notification system is an appropriate utilization of the funds. I propose paying for the Qwest initial set-up fee of $22,800 from this fund surplus. After speaking with Gene VanOverbeke, Director of Administrative Services, he's in agreement with using the 9-1-1 surcharge funds to pay the Qwest initial set-up fee cost. Attachment .3.~ Gf a~ c ~ N ~a m~ ~ - N C c U o O ~ rn ~ C a~ L O N ~ O !0 O t N O + -' C ~ d O N y O y ~ C O ~ ~ G "t3 L O a O ~- (0 O a1 w ~ N l Q > w ~ N C ' ~ 7 t Z d N L ° m ~- N °~ o - v ~ v m m N w L ° m ~ W a >. >` N Q U O C ~ N Q rn C C c ~ O IA M ~? T v \ Z tV d O > L >+ +~" G L al ~ y w M _ dl -~ N 3 N d a~ ~ ~ ~ a~ , ~L ~ d ~ ° Q ~, ~ -=_ m o v t~ ~° w ~ n ~ °- i ~ c ~ O ° c6 Y L °" ~ ° Z ~ co /0 m m ° U v O ~ 'm E 77 c ° rn ~ ° ~ ~ ai C O O v- ..-. ~ L O O 'r'""' ~ `' C N~ ~ `~- C 'O ' _ .~ ~ .-. ~ y U ~. ~ ... N '~ O O Q N d?+ m N 3 O ~ N ~N N N N N O O ~ /0 O U E C O ~ ~ ~ O n E ~ ~ y 7 >- ~ d1 O j ~ E c v~ ~s us ~» f» . z O E X Z .. s.. t l6 /6 U rn ~ co N ~ ~+~ m _ c-o ° ~ - E~ m U .~-.~. ~ a % a~ m Q 3 Ch O ~ H H o ~ ~' ~ ~- .O O l ~ wv ~ Y O O d N ~ ~ O~ ~ ~ + N a (f ~ O 'a ~ r r C O y 2 fA fA Q ~ N ~ N 3 ~ ~ L U V ® N ..-. N v O O L~ O a ly (.J aO ~ V N ~ A N N ~ Z N~ _ O N i~ ~ ~ Z o O m~ ~ E N ~. O Q ~ m >.a m rn .~ m o _ is Q~nwrn U ~ ~~ :3 y ~ ~''~m o q ~ ~p o ~o W Q w~ C ~ E °I U >. N N ~ ~ C~ lN6 ~ O~ ~~ ~ 3 c N ~ O~ w O ~ 11 L ' r ~ O ~ v r ~ la 11 N O ry- Q C N a ~ ~ O H O ~ ~ ~ T T ~ N U m ~ .~ .~ w a L ~ N C ~ fR N ~ a fQ N N w E ~ ° m 3"c i o m a~ la Z h ~ a Q ~ N m a w ~ ~ ° ca ao ~ C ° ~ « O N .-. H~ c N p ° '~ 0 to ~ c '~ a`~ ~ ° U ~ ° rn E to w m ° ° = v o ~ LLf ~ ~ ~ O N " ~ ~ ~ t6 t ~ ~ N a ~ C 3 ~ Q ~ N ~ Q C Q CON a 0 f~ N p N !n N~ st w U~~ i O q N ~ h N 'a .~Q o ~ ~, ~ ~, o, °- V U ~ N ' Q ~ i dl C _ ~ m m y C ~ ~ O) ~ ~ O O + O = vim-. O.w C O O U N U ~ Vl j~ O ? W C O ~. r £ ~ V~ ~ ~ fl' ~ O ~ ~ N t j ~ L L O 'O C l0 V- N i L L O_ N L ~ '~ - ~ ~ 0 0 N L ~ W O ~ C O ~ UAL j, o C N.L.. N Kf c O ~ +' o o X R ° c~rn~ c~ a ~ n.m m m ~ 3 ~ am 3 ~ m o v ^ ~O ui ~ u i,~ o o m ~, m ~~ ~ n~ c~ o ~ 0 a m ~ C ° M C «~' NSA m ° " ~L C m4- ~ 0 ~- ~ a O o vi c ~ a~i E N n~ m~ • - a n.c ~~ L E ° ~ ~ ~ ~ ~o ~m O ~ W .r . ~ U 7 C A 11 N N l ~ l0 O V ^ ~ ^ .~. O ~ N L v . ~ c0 » O a • ` ~ ~ CO O a> > ~ X D C ~~ .-. N to o 3 N •-• ~ l0 C C O ~% {0 C O m d, N `~ ~ c $v v m E N ~ a° aw ° ~ ° ~ ~' ° ~~ Z a~ ~ O~ O ~ ~ ~ ~s C 1 c w o o ~ m m = a ~ N m a c~ j rn U m a0i c w a ~ ~ t i m > ~ U W a ~ ~, w ~, ~ w L ~ a ° ~ ~ ~o a _ ~ ,~ LL i n o C U T ~ :.. 10 41 ca o ~ ~ ° ` - v 5 ~ Q a w ~ z ~ n . Z W m 3 Y O m Z _m Q ._ O U Z Q U ~~ .~ 'a M N ~ N M ~ C >+ bg . t6 O ~ ~ G) 41 T N v- O GO p X N~ O o ('7 O ~ N ~` N h ~p O ch ~-' ~ ~ fA fA r `-' ~ fA Q ~ o ~ _ ~ Q ~ ~ v ~ ~ 1II o c a m ~ a> > ~ ~ N U n N L T N N c "y ~ L ~ H L ~ O ~' ~ O <O M vi w N GOO ~ ~ X M ~ a } } r ~ GH to O ~ IN Q EA EA + tf) ~ fH tH O >. ~ v ~ N ~ co O ~ m N ti u> N ch L r T T ~ M x O M ~ O GO ~ N d O M } } ~ O O X N O ~"~ ~ ~ O ~ ~ ti N ~ ~ ~ Q fA i.j ~ E9 ~ dl M ~ Q ~ ~ d l6 0 M T • ~ ` t l6 N a. p n ~ ~ ~ ~ ~ ~ ~ tai ~ ~" d m ~ a ~ o Q m ~ N ~ m L ~ i L ~ ch ~ ~ a Q ~ « o o > X rn Q 3 V W Q N Q c 0 `m n E 0 U `a a m a m m m C E v m v m Agenda Information Memo July 1, 2003, Eagan City Council Meeting J. APPROVE REVISED ORDINANCE AMENDMENT TO CHAPTER 5. SECTIONS 5.32 AND 5.57 OF THE EAGAN CITY CODE REGARDING TEMPORARY ON-SALE LIQUOR LICENSES ACTION TO BE CONSIDERED: • To approve the revised ordinance amendment to chapter 5, sections 5.32 and 5.57 of the Eagan City Code regarding temporary on-sale liquor licenses. . FACTS: • At the May 13 and June 10 City Council workshops, members of the group CAPE (Changing Alcohol Policies at Events) requested that the City Council review and prepare a list of procedures for those seeking temporary malt liquor licenses. • The City of Eagan was one of several local government entities that were randomly selected by the Alcohol Risk Management Program, through the University of Minnesota, to review procedures for the issuance of temporary liquor licenses. • Sherry Timmermann, CAPE organizer, has worked with community leaders in Eagan over the past few months to formulate procedures for those seeking temporary liquor licenses. • In listening to the recommendation of CAPE, as well as the City's Police Chief and City Attorney, the City Council directed an ordinance amendment be prepared to City Code Chapter 5, Sections 5.32 and 5.57. • Additionally, the City Council directed that the resource packet provided by CAPE be distributed to those that receive a temporary liquor license. • At the June 17, 2003 City Council meeting an ordinance amendment was approved. • In a subsequent meeting with representatives of the Eagan Lion's Club it was determined that Item 10 of Subdivision 2 of Section 5.60 of the approved ordinance was unnecessarily restrictive. • The City Council at its Special meeting on June 24 authorized preparation of a revised ordinance changing the language in the above referenced section. • Representatives of both the Lions Club and CAPE have been advised through telephone messages of this proposed change and have not responded with any concerns. ATTACHMENTS: • Enclosed on page through ~ is the revised ordinance amendment to Chapter 5, Sections 5.32 and 5.57, prepared by the City Attorney's Office. 3~ ORDINANCE N0.359 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTIONS 5.32 AND 5.57 AND BY ADDING SECTION 5.60 REGARDING TEMPORARY BEER AND LIQUOR LICENSE REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing Section 5.32, subd. 2, to read as follows: Subd.2. Conditions. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale. B. No applicant shall qualify for a temporary license for more than a total of four days in any calendar year. C. The application for and issuance of a temporary on-sale beer license shall be subject to the regulations for temporary on-sale beer and liquor licenses as set forth elsewhere in this Chapter. Section 2. Eagan City Code Chapter 5 is hereby amended by changing Section 5.57, subd. 3, to read as follows: Subd. 3. Terms and conditions of license. A. No license is valid until approved by the commissioner. B. No license shall be issued for more than three consecutive days. C. All licenses and licensees are subject to all provisions of statutes and the City Code relating to liquor sale and licensing. The licensee shall provide proof of financial responsibility coverage and, in the case of catering by a full-year on-sale licensee, such caterer shall provide proof of the extension of such coverage to the licensed premises. D. Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee. E. The application for and issuance of a temporary on-sale liquor license shall be subject to the regulations for temporary on-sale beer and liquor licenses as set forth elsewhere in this Chapter. ~~ Section 3. Eagan City Code Chapter 5 is hereby amended by adding Section 5.60 to read as follows: Sec. 5.60. Temuorarv on-sale beer and liquor license regulations. Subd. 1. Application and Scope. This Section shall apply to any event for which a temporary on-sale beer license or temporary on-sale liquor license has been sought and issued in accordance with this Chapter. Any applicant for or licensee of a temporary on-sale beer or liquor license shall be subject to the provisions of this Section. Subd. 2. Regulations. Any temporary on-sale beer and liquor license applied for and issued under this Chapter shall be subject to the following restrictions and requirements: The application for a temporary license issued under this Chapter shall contain complete information as required on form prescribed by the City Clerk and shall be filed, along with the license fee, with the City Clerk at least 30 days prior to the first date for which the license is sought. 2. The application shall include the street address of the property on which the licensed activity shall occur. 3. The application shall include a detailed site plan (a) delineating the property or area of the property on which the licensee's event is to be located; and (b) delineating the location of the area in which the licensed alcoholic beverages are to be sold and consumed, if such area is intended to be within only a portion of the entire event area. 4. The application shall identify all measures and methods to be utilized to partition any area within the entire event area for sale and consumption of the licensed alcoholic beverages, and shall state in detail its security plan setting forth the licensee's plan to enforce alcohol beverage sale and consumption laws, crowd control and public safety and how the licensee will check the ages and identification of attendees. The applicant's security plan shall be subject to the review, revision and approval of the Chief of Police or his/her designee. 5. The licensee shall comply with and implement all security personnel, measures and methods as ordered by the Chief of Police. 6. No alcohol shall be sold, served, and consumed outside the licensed area, which is the area specifically delineated by the licensee on the site plan filed with the application for license. 7. No person under the age of 21 shall be sold or served or otherwise permitted to consume alcoholic beverages of the licensee on the licensed event premises. If the licensee has a designated licensed area, representing a portion of the entire event ~f/ area, no person under 21 years of age, unless with a parent or legal guardian, shall be permitted within the licensed area, except persons ages 18, 19 or 20 may be within the designated area, provided they are performing work, including serving alcoholic beverages, for the licensee. All persons who consume, purchase or possess an alcoholic beverage in the licensed area shall be issued and required to wear a wristband approved by the Police Chief and no alcoholic beverage shall be sold or otherwise provided to a person who does not have a wristband as required by this Subdivision. 9. All persons who are issued a wristband in accordance with these requirements shall be identified with a valid photograph identification as otherwise required under this Chapter. 10. No person working for the licensee within the licensed area shall be intoxicated or consume alcoholic beverages during his/her work shift. 11. The licensee shall post signs at all entrances to the licensed area notifying the public that sales to and consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 12. The licensee shall provide paid or volunteer private security to monitor the licensed area and the licensee shall be subject to any order by the Eagan Police Chief as to required security measures and personnel, including the required security personnel numbers, permitted or required entrances and exits from the designated area, as a condition of the license. 13. The licensee shall pay to the City all fees incurred by the City for any on-duty Eagan police officer assigned to patrol the licensed area as ordered by the Eagan Police Chief for necessary security and public safety and the fee for each officer shall be as set forth in the City's duly adopted fee schedule. 14. No alcoholic beverages shall be sold or consumed except during the following hours: Monday through Saturday 8:00 a.m. to 1:00 a.m.; and Sunday from 12:00 p.m. to 1:00 a.m. 15. No persons shall be within the licensed area, if such area is a designated partitioned area from the entire event area, more than 30 minutes after the time when a sale is permitted. 16. The licensee shall designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site ~~ manager shall complete training in alcohol beverage service and shall train any server and security personnel of the same. It is unlawful for the licensee, any paid employee of or volunteer for the licensee or any attendee of the licensee's event to violate any of the foregoing restrictions and regulations. Upon a violation of any of the foregoing restrictions and regulations which may result in eminent danger to public safety, the licensee's temporary license may be immediately revoked and upon order of a police officer, the licensee shall immediately cease from selling or serving any alcoholic beverages. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their 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 Its: City Clerk By: Pat Geagan Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ~~ Agenda Memo July 1, 2003 CONSENT AGENDA: K. RESIDENTIAL TRASH HAULER LICENSE ACTION TO BE CONSIDERED: Approve a residential trash hauler license and construction/demo hauler license for Highland Sanitation and Recycling, Inc. upon their purchase of New Earth Services, Inc. FACTS: • Highland Sanitation currently has a commerciaUmulti-family trash hauler license with the City of Eagan • Highland Sanitation plans to purchase New Earth Services who currently holds a residential dwelling, multiple dwelling/commercial, construction demo license with the City of Eagan • If approval of the residential license for Highland Sanitation is given, the number of licensed residential haulers within the City will still be in compliance with the City Code. There is no limit on the number ofconstruction/demo haulers. • All requirements of the application have been met and staff deems it acceptable for approval ATTACHMENTS: • A copy of the application is attached without page number • A copy of a letter from Susan Stewart of Highland Sanitation stating their intent to purchase New Earth Services is attached without page number vy Agenda Information Memo July 1, 2003 CONSENT AGENDA L. APPROVE an Agreement with Maxfield Research to complete a market analysis of the Cedar Grove Redevelopment Area ACTION TO BE CONSIDERED: To approve an Agreement with Maxfield Research to complete a market analysis of the Cedar Grove Redevelopment Area FACTS: At the June 26, 2003 City Council workshop, the Council directed that an agreement be drafted with Maxfield Research to complete a market analysis of the Cedar Grove Redevelopment Area. The Maxfield analysis is intended to provide information on the type of development that is market feasible within the general framework of the concept plan previously approved by the City Council (EDA). The proposed cost for the analysis is $9,000, and the agreement proposes a completion date of 45 days following receipt of the signed agreement. ATTACHMENTS: Enclosed on pages through is a cover memo from Jim Prosser, the City's fiscal consultant from Ehlers and Associates, as well as the proposed agreement/scope of services with Maxfield Research Inc. ~S ~~ FREERS & ASSOCIATES INC O To: Tom Hedges, City of Eagan From: Jim Prosser, Ehlers & Associates W Date: June 26, 2003 Subject: Cedar Grove Redevelopment Attached is the proposal from Maxfield Research for the assessment of market conditions for Cedar Grove redevelopment area. This information will be used to prepare an update financial feasibility analysis for this area. That analysis will evaluate the uses (estimated land cost, relocation, demolition, and assessment for public improvements) and the sources (the estimated payment for land based on use and tax increment if needed). The Maxfield analysis will provide information on the type of development that is market feasible within the general framework of the concept plan previously approved by the City Council (FDA). Maxfield will also provide estimates for what we should expect developers to be able to pay for land for the uses identified within the analysis. It is important to note that the City has established a "traffic budget" based on the design capacity for the TH77/Silver Bell intersection. This traffic budget will be considered when preparing the financial feasibility analysis. Ehlers will update the current project feasibility analysis based on this updated information. Maxfield Research has been contacted to initiate their analysis as soon as possible. We expect their draft report to be completed within 60 days. LEADERS IN PUBLIC FINANCE Jim Prosser, CIPFA Executive Vice President/Director 3060 Centre Pointe Drive Roseville, MN 55113-1105 , ' / inc.com C`~ .~j Phone: 651-697-8503 Fax: 651-697-8555 Email: jim@ehlers- [ne. June 25, 2003 Mr. James Prosser Ehlers and Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113 Dear Jim: This letter provides a general outline of the scope of services to be provided by Maxfield Research Inc. for additional market research and analysis regarding current market conditions among various real estate sectors and the potential for redevelopment in the Cedarvale area of Eagan. Listed below is our proposed Scope and Cost of Services associated with the Cedarvale market research. Maxfield Research Inc. proposes the following research options to review the previous redevelopment plan, identify current market conditions and timeframes for redevelopment with specific components such as office (medical office), hotel, retail and additional housing options. We will work with Ehlers and Associates Inc. to complete the research and provide projected development recommendations based on market support. Scope of Services Assessment of Current Market Conditions in Cedarvale Market Area and Development Recommendations Maxfield Research would identify current draw areas for each of the following components as they relate specifically to the Cedarvale location: office, retail, hotel and housing. We would provide competitive market information for each of the following components, identifying properties that would compete directly against new development in the Cedarvale area; we would provide a brief demographic assessment for each component to assess current demand and the short- and long-term potential of the Cedarvale area to capture a portion of the demand to support a sufficient level of development in each component. This analysis would provide a matrix for size and timeframes to support various types of development. This assessment includes two meetings with City staff or other key stakeholders. Cost of Services The above Scope of Services will be completed for $9,000, including all out-of-pocket expenses and three final copies of the report. Additional copies requested by the Client would be billed at out direct costs. Any additional meeting time beyond that outlined in the previous sections would be billed in addition at hour standard hourly rates for staff time which range between $65 and $150 per hour. Fees for services rendered for this analysis will be billed monthly to the Client as costs are incurred. 615 15` Avenue NE #400 Minneapolis, MN 55413 (612) 338-0012 (612) 904-7979 FAX ~~ Mr. James Prosser June 25, 2003 Ehlers and Associates, Inc. Page 2 Report Product Research findings will be summarized and presented in bound report format. Completion Timeframe Maxfield Research Inc. proposes to complete the above Scope of Services within 45 days of receipt of written authorization to proceed with this analysis, unless delayed by unexpected emergencies, forces beyond the control of one or both parties or by written agreement of the parties. We understand that at this time a formal presentation of report findings is to be made to City staff tentatively on August 20, 2003. Payment All invoices are payable to Maxfield Research Inc., within thirty (30) days of receipt of an invoice showing the work completed and the direct costs for expenses. A finance charge of one and one-half percent (1.5%) per month will be added to the unpaid balance of each invoice not paid within sixty (60) days. Disclaimer The objective of this research assignment is to gather and analyze as many market components as is reasonable within the time limits and projected staff hours set forth in this agreement. We assume no responsibility for matters Legal in character. Certain information and statistics contained in the report, which are the basis for conclusions continued in the report, will be furnished by other independent sources. While we believe this information is reliable, it has not been independently verified by us and we assume no responsibility for its accuracy. The conclusions in the report are based on our best judgments as market research consultants. Maxfield Research Inc. disclaims any express or implied warranty of assurance of representation that the projections or conclusions will be realized as stated. The result of the proposed project may be achieved, but also may vary due to changing market conditions characteristic of the real estate industry, changes in facts that were the basis of conclusions in this report, or other unforeseen circumstances. This agreement will be construed according to the laws of the State of Minnesota. 615 I5` Avenue NE #400 Minneapolis, MN 55413 (612) 338-0012 (612) 904-7979 FAX ~~ Mr. James Prosser Ehlers and Associates, Inc. Termination June 25, 2003 Page 3 This agreement may be terminated upon written notification of either party to the other. In the event of termination, the Client will pay Maxfield Research Inc. for staff hours performed at the firm's normal hourly rates, plus all expenses incurred through the date of termination. If this proposal meets with your approval, please sign and return one copy to the offices of Maxfield Research Inc. Agreed to this day of 2003. Sincerely, MAXFIELD RESEARCH INC. Mary C. Bujold President EHLERS AND ASSOCIATES, INC. James Prosser Financial Adviser 615 1 S` Avenue NE #400 Minneapolis, MN 55413 (612) 338-0012 (612) 904-7979 FAX ~9 Agenda Information Memo July 1, 2003 Eagan City Council Meeting M. CONTRACT 03-O1. TOWN CENTRE AREA STREET & TRAFFIC IMPROVEMENTS CONSTRUCTION WORHING HOURS TIME EXTENSION ACTION TO BE CONSIDERED: To approve working hours for construction activities under Contract 03-01 (Town Centre Area Street & Traffic Improvements) beyond the working hours allowed by City Code. FACTS: • The City Code allows for the operation of construction equipment between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except for legal holidays, unless otherwise approved by the City Council. • To minimize the disturbance to the adjacent commercial businesses and to allow for the efficient construction of various improvements, the McNamara Contracting is requesting permission from the Council to perform some construction activities beyond the working hours allowed by City Code. Some of these activities include fire hydrant relocation, which includes the temporary shutoff of water service, and paving operations, which in some instances can be best accomplished early in the morning (after 5:00 a.m.), when traffic volumes are reduced. • The Contractor has indicated that the hydrant relocation work can be best performed between the hours of midnight and 6:00 a.m., to minimize the disruption in water service. This work is anticipated to last six days, beginning July 7. City staff and the Contractor will coordinate this work closely with the area business owners. ATTACHMENTS: • Letter from Contractor, pag~. SO McNamara ,~sl~l~~~T~o~sr~uc~~o~~ Conn-~~ctin~w Intr. .tune 23, 2fl03 Re: Town Centre Area Streets City Contract No. 03-OI Dear: Timothy Plash, P.E., I'm writing this letter requesting extended hours on the above-mentioned project, McNamara Contracting Inc. feels that in order to perform the wank and keep the inconvenience of construction to a minimum, longer hours will be required. Some construction will need to take place at night, early mornings and Saturdays to assure no downtime far the businesses that are affected. If you need any more information concerning this project, please contact me at 952-3?2-6837. ctfully Yours, Uauglas L. Ines McNama~~a Contracting, Inc. aflpl if~Oth Strret !'1!est • Rosernounk. l~linnesat~ SSQG$-l~tl~ Clffrte (9~Z) 32?-~9~0 • 1"~t (92) 322-~9~4 • ('~~nt {I52) 3?2-S~~fi J / Agenda Information Memo July 1, 2003 PUBLIC HEARINGS A. PROJECT 771, LEXINGTON AVENUE FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 771 (Lexington Avenue -Street Upgrade and Traffic Signal Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 771 provided for the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and included the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive, as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on June 3, 2003, with a public hearing being scheduled for July 1 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are equal to the estimated benefit amounts in the Feasibility Report presented at the original Public Hearing held on January 16, 2001 or in conformance with the 2001 Fee Schedule. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held June 25, to address all property owners' questions or concerns and provide any additional information of interest. Of the 24 parcels (Commercial/ Industrial, R-3 & R-4) being assessed, two persons, respectively representing a residential and an industrial parcel, attended the meeting. No objections have been received to date. ATTACHMENTS: Final Assessment Report, pages ~~ through sa FTNAT. ASSFSSMF.NT AFARTNG PROJECT HEARING DATES NUMBER - PrnT rt 771 ASSESSMENT - .inl~r t ,T(1(1~ NAME - t.exi nn Avenue IMPROVEMENT- 7 nna 1(, 2n(11 T Ttili and Street Tnstalla inn IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.-Feasibility Report FINAL F.R BATE BATE ~T~ ^ Trunk ^ Lateral ^ Service ^ Lat. Benefit/trunk ^ Trunk ^ Lateral FINAL F.R RATE BATE Ii~LT~ WATER O Trunk O Lateral ® Service ~i1,017.50 L.S., 51,485~Q I._S_ ^ Lat. Benefit/trunk ^ WAC STRF.F.T ^ Gravel Base Lexington Avenue l~ CommerciaUInd. $13_Zfi4 $13.ZfiS1 LEE. ~ High Density Resi. $_lll5_Z~ 1 ~5 75 LEE. 1?1 Low Density Resi Restricted Access 15.94 R1 1.95 LEE nTHF,R Completion STRF.F.T T.T~HTS ^ Installation ^ Energv Charge ('nNTRA('T Nn. nF TNTF,RF.ST AMnTTNT (`.TTY rjQ, PARC FT.S TERMS RATE. ARSFSSF,1) FTNANC'F.D Dakota County ~1~5_,99~ $5,?5~, 72 9(11 nt_n7 24 15 YQarc ~ ~1 R1,45T 7Rf 1 ~~,705 73~f11 CnMMFNTS~ See Next Page ~~ ['nMMFNTS: (1) The County's estimated share according to the feasibility report was $3,093,654. The final determination of the County's share has not been computed, however the City has received progress payments that total $3,351,228. (2) Both amounts contain items for assessment of the street to the U.S. Post Office. Staff recommends that these parcels be deleted from the roll because of the City's inability to enforce collection of an assessment to the parcel. (3) The City Staff recommends that parcel 10-01000-040-75 be deleted from the assessment roll due to access being taken from Northwood Parkway. 2 ~~,~ MEMO TO: MAYOR AND CITY COUNCIL FROM: GERALD R WOBSCHALL, FINANCIAL CONSULTANT DATE: May 16, 2003 SUBJECT: Final Assessment Rall, Project 771 Lexington Avenue Street Improvements The City Council at the conclusion of the public hearing on January 16, 2001 ordered Project 771. According to the feasibility report, the following improvements were to be constructed andlor assessed: roadway improvements from Town Centre Drive northerly to Clubview Drive and roadway improvements On Yankee Doodle Road from O'Leary Lane easterly to Golfview Drive, traffic signals at the intersections with Yankee Doodle Road, Neil Armstrong Boulevard/Northwood Parkway and Clubview Drive, trails and storm sewer to provide for street drainage. Two water service improvements were subsequently installed by a change order to the contract. The City received Waivers of Right to Object to the Assessment of costs for the water service improvements. This assessment roll is prepared using the assessment methods presented at the public hearing. The construction of the improvements was accomplished under City Contract No. 01-07, for which the final payment has been made. The final costs of some easements have not been determined. Because the assessments are being capped by the Fee Schedule Rates of 2001 the City will not include those easement costs in the determination of the assessable costs, staff is proposing to schedule the assessment hearing. The assessment hearing is scheduled for July 1, 2003. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $4,630,008.18 paid to the contractors for the construction of the following detailed improvements i.e. streets, trails traffic signals and etc. Other costs which consist of: engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $2,234,367.04 and easement costs totaling $688,782.29 were incurred resulting in an improvement and project cost of $7,553,157.51. The detail of these other costs is provided on Schedule I. Not all easement costs are complete. The easement costs will not affect the assessment rates. These other costs are allocated to the improvements constructed in order to detemune the cost of each improvement and the assessment rate. S~ CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST & EASEMENTS COST REPORT Water stubs $2,502.50 $1,207.67 $3,710.17 Sanitary Sewer Extension Storm Sewer Street Trail Traffic Signals Removal of Water Services Total II. ASSESSMENTS A. TRUNK ASSESSMENTS 2,189.14 1,056.44 3,245.58 469,009.78 226,336.53 695,346.31 $920,777 3,466,136.02 2,361,483.46 5,827,619.48 4,322,940 127,141.65 61,356.50 188,498.15 155,298 547,587.79 264,257.01 811,844.80 975,260 15,441.30 7,451.72 22,893.02 $4,630,008.18 $2,923,149.33 $7,553,157.51 $b,374,275 The properties affected by this improvement were charged for trunk azea assessments through prior public improvement projects. B. UTILITY AND STREET IMPROVEMENTS 1. Water Service Stubs Two one (1)-inch diameter water services were constructed at a construction cost of $2,502.50. Other costs in the amount of $1,207.67 were allocated resulting in an improvement and assessable cost of $3,710.17. These improvements were installed after "Waivers of Rights to Object to the Assessment" were executed by the property owners. The City is proposing to assess these improvements in the manner presented to the property owners when the Waivers were executed. 2. Sanitary Sewer Stub 8-inch diameter Water Stubs An existing 8-inch diameter stub was extended to the newly defined right-of--way. The cost to construct the extension amounted to $2,189.14. Other costs in the amount of $1,056.44 were allocated which results in an improvement cost in the amount of $3,245.58. The sewer improvement will be financed by the City's Sanitary Sewer Trunk Fund. 4 S6 3. Storm Sewer Improvement The storm sewer improvements consist of storm sewer laterals, catch basins, manholes and appurtenances to provide street drainage for Lexington Avenue. The cost amounted to $469,009.78. Other costs that total $226,336.53 were allocated resulting in an improvement cost of $695,346.31. The storm sewer improvement will be assessed as part of the street improvement. Any portion of the improvement not assessed is proposed for financing by the City's Major Street Fund. 4. Street Improvements The street improvements consisted of the upgrade of Lexington Avenue to a 86 Foot to 104 Foot urban thorough- fare from 1,000 feet south of Yankee Doodle Road northerly to a point 300 feet south of Lone Oak Road and upgrade of Yankee Doodle Road from 800 feet west of Lexington Avenue easterly to the intersection of Discovery Lane and Golfview Drive and Yankee Doodle Road. The cost of construction is $3,466,136.02. Other costs in the amount of $1,672,701.17 were allocated and easement costs of $688,782.29 were also incurred resulting in an improvement cost of $5,827,619.48. The following equivalent assessment rates are computed using the following: a. Lexington Avenue-52 Foot Street Commercial Industrial Equivalent Front Common Unit Foot Description M~ ~ [Tni pri Bate Common Excavation -Depth in inches 23.5 1.994599 Cu Yd $ 7.00 $ 13.96 Subgrade Excavation -Depth in inches 17 1.442901 Cu Yd 3.75 5.41 Granular Backfill -Depth in inches 6.5 0.551698 Cu Yd 9.50 5.24 Class 5 Aggregate Base -Depth in inches 12 1.018519 Cu Yd 14.25 14.51 Base Course Mixture -Depth in inches 2 0.29642 Ton 31.25 9.26 Binder Course Mixture -Depth in inches 2 0.29642 Ton 31.25 9.26 Wear Course Mixture -Depth in inches 1.5 0.224583 Ton 34.50 7.75 Bituminous Mat'1 for Tack Coat - Number of coats 2 0.190556 Gal 1.50 0.29 B418 or 618Concrete Curb and Gutter 1 1 Lin 6.40 b.40 Restoration -Width ofRight-of--Way 100 0.000551 Ac 12,081.97 6.66 SubTotal $ 78.75 Other Construction 42.41 $ 42.41 Storm Sewer 13.37 $ 13.37 Other Cost Rate Street Cost Intersection Factor Assessment Rate 48.26% $ 64.92 $199.45 0.928038 $ 214.92 It is City policy to assess the lesser of the Fee Schedule Rate or an assessment rate based on unit prices of awarded contract. In this case the Fee Schedule Rate fora 52 Foot Commercial Industrial street is $137.60/F.F. will be used as it is less than the calculated rate of $214.92/F.F. 5 57 b. Lexington Avenue-44 Foot Street High Density Residential Equivalent Front Common Unit Foot ~eaSUre -~ i Tnit Price Bate Common Excavation -Depth in inches 20.5 1.486883 Cu Yd $7.00 $ 10.41 Subgrade Excavation -Depth in inches 17 1.233025 Cu Yd 3.75 4.62 Granulaz Backfill -Depth in inches 6.5 0.471451 Cu Yd 9.50 4.48 Class 5 Aggregate Base -Depth in inches 10 0.725309 Cu Yd 24.15 17.52 Base Course Mixture -Depth in inches 1.5 0.186019 Ton 31.25 5.81 Binder Course Mixture -Depth in inches 1.5 0.186019 Ton 31.25 5.81 Weaz Course Mixture -Depth in inches 1.5 0.187917 Ton 34.50 6.48 Bituminous Mat'1 for Tack Coat - Number of coats 2 0.159444 Gal 1.50 0.24 B418 or 618Concrete Curb and Gutter 1 1 Lin 6.40 6.40 Restoration -Width ofRight-of--Way 80 0.000413 Ac 12,081.97 4.99 SubTotal $ 56.36 Other Construction Storm Sewer Other Cost Rate Street Cost Intersection Factor Assessment Rate 42.41 $ 42.41 11.14 $ 11.14 48.26% $ 53.04 $ 162.95 0.928038 $175.59 It is City policy to assess the lesser of the Fee Schedule Rate or an assessment rate based on unit prices of awazded contract. In this case the Fee Schedule Rate for a 44 Foot High Density Residential street, $105.75/F.F., will be used as it is less than the calculated rate of $175.59/F.F.. 6 s~ c. Lexington Avenue-32 Foot Street Low Density Residential Equivalent Front Common Excavation -Depth in inches Subgrade Excavation -Depth in inches Granular Backfill -Depth in inches Class 5 Aggregate Base -Depth in inches Base Course Mixture -Depth in inches Wear Course Mixture -Depth in inches Bituminous Mat'I for Tack Coat - Number of coats B418 or 618Concrete Curb and Gutter Restoration -Width ofRight-of--Way SubTotal Other Construction Common Unit Foot ~Easure 1~t T snit PrirP .Bate 15.5 0.837191 Cu Yd $7.00 $ 5.86 8 0.432099Cu Yd 3.75 1.62 4 0.216049Cu Yd 9.50 2.05 6 0.324074Cu Yd 24.15 7.83 1.5 0.131574Ton 31.25 4.11 1.5 0.132917Ton 34.50 4.59 1 0.056389Ga1 1.50 0.08 1 1 Lin 6.40 6.40 60 0.000321 Ac 12,081.97 3.88 $ 30.56 Storm Sewer Other Cost Rate Street Cost Intersection Factor Assessment Rate 42.41 $ 42.41 8.17 $ 8.17 48.26% $ 39.16 $ 120.30 0.928038 $129.63 1n accordance with City policy, low-density residential property is assessed fora 32-Foot wide equivalent street. The fee schedule assessment rate of $63.75/F.F. will be used because that is lower than the assessment rate computed using the unit prices in the contract. In addition, low-density residential properties are given a 50% arterial street credit and a 50% credit if the property has restricted access. Therefore, the low-density residential property affected by this assessment roll will be assessed at $15.94/F.F. _ ($63.75 X 50%). X 50%. 5. Trails A 10-foot bituminous trail was constructed on the east and west sides of Lexington Avenue as part of this project. The cost to construct the bituminous trail was $127,141.65. Other costs that total $61,356.50 were allocated, resulting in an improvement cost of $188,498.15. This trail improvement is proposed for financing by the City's Major Street Fund. 7 s9 6. Traffic Signal There were three (3) traffic signal systems installed at a construction cost of $547,587.79. Other costs totaling $264,257.01 were allocated resulting in an improvement cost of $811,844.80. The traffic signal improvement is proposed for financing by the City's Major Street Fund. 7. Removal of Water Services There were two water services removed at a cost of $15,441.30. Other costs in the amount of $7,451.72 were allocated resulting in a total cost of $22,893.02. It is proposed that these costs be financed by the Water Division of the City's Public Utility Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT COST Water Stubs $3,710.17 Sanitary Sewer 3,245.58 Extension ASSESSMENT CITY REVENUE (RESPONSIBILITY) $2,502.50 $(1,207.67) 0 (3,245.58) Storm Sewer 695,346.31 0 (695,346.31) Street 5,287,619.48 1,281,451.78 (4,006,167.70) Trail Way 188,498.15 0 (188,498.15) Traffic Signal 811,844.80 0 (811,844.80) Removal of Water 22,893.02 0 (22,893.02) Services Total 7,553,157.51 $1,281,451.78 $(6,271,705.73) 8 ~D The financing sources for this project are: Fund Sanitary Sewer Trunk Water Trunk Fund Major Street Fund Dakota County Highway Department Water Division of Public Utility Fund TOTAL Gerald R. Wobschall Reviewed blic Works Department ~~ ~~- a3 Dated Review Finance epartment ~°~(•~3 Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I Amount $3,245.58 1,207.67 2,893,131.46 3,351,228.00 22,893.02 6,271,705.73 6/ V O S S ~ ~ ~ ~ ~ O N O S V aO ~ O ~ N tWD. 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O ~ N fV o r O O ~ ~ N N d r O O QN IA N CV o r O d MQ 1n N N d r qQ d ~p7" fD N N d O G r' q 8 If') ~ ~ N o ~ ~ N ~ 4 1 j N q O C INl1 ~ O 1 0 N ~o N V e ~~ ,j v v v o g o ~ i cc ~ ~ ~ o ~ ~ ss `r ~ w o° o° °o o° ~ ~ ~ ~°n ~n ~°p ~~pp rn ~.. h M O a0 Y") a '`1 ~ V! ~ 69 C ti ~ ~ O O "1' ~ N M O O ~ ~ N O ~ COr1 ir9 N r fOR N M W N Vi r L~ V •' O O O S ~ ~ ~ 3 V- f9 fN fA ~O ~ ~ ~ ~ ~ O O ~ ~.i~. ~~ ~ P M O a00 GD O 1~ tOp ~ N H ~ N ~ ~ ~i O ~~ "~ 0 a O Q = O Q _ ti ~ (.l ~ ~ W o ~ 0 ~ o p v ~ ~ 0 W 0 W 0 W ~ O ~ o 4 Z U U U ~ ao O ~ ~ ~ = O n ~ ~ O O O ~ z ~Ai ~ O O r ~ 4 O r O ~ O _O Q t 6 o O r QI y ` C `. ~ 0 C \ ~' ~ 4 0 d 0 d o c b o u4i E ~ ~ 63 0 N 0 0 N ~O N d d y i ~ ~ i a z-s" O~ M P W g ~0~0~0~ SCALE: 1' 300' Q PO tiPGp~~O 1, Uu u.i Q Z O Z X W J \~ ~~ Qom G~ ~o ti ~` ~ PLO ~~~~~ ~Q,G G Pond OP O~ ~~5.1~~~ A1oo1 ,~JP ~~ ~ ~ 5 0 i~ G:A.9sessments/771 /fig 1 Lexington Avenue Upgrade Fig. 1 Project 771 June 24, 03 City of Eagan Assessment Map YANKEE DOODLE ROAD GCCF~~FW ~~~ ~~R. LONE.....,. ~...~ ~ c~N~ Noa O EPGSZRlP~ QPR lN~J i ~ / //,`O~ v/%SQ ,Z,P LE DENTER INDUSTRIAL a PARK N~.15 CLUBVIEW DR. i c~cnin ^~ C/I @ $ 137.60 /f.f. LOW DENSITY RESIDENTIAL w/ M~ RESTRICTED ACCESS @ $ 15.94 / f.f. ~~,~~~ HIGH DENSITY RESIDENTIAL @ $ 105.75 / f.f. 010-06 ~C 75' CORNER LOT CREDIT WATER SERVICE @ $ 1,017.50 /SERV. X WATER SERVICE @ $ 1,485.00 /SERV. ~iiii~ Lexington Avenue Upgrade Fig. 3 Project 771 June 24, 03 City of Eagan Assessment Map r~r~n i ~, GEMINI U.S' POSTgL SER ~ *0 1 VicF UV o 4 R U~J o 2 3 3 scn~E: 1' = 300' cv AN~A~-E p, N EP S RZP N oio-o62 o ZN s v ~ 2 a GIN-DER P RK N p DDITIpN~SS lo-z2s>s-o2o-oloRppF~'~ ~PGPNpP 10-22515-030-O1 t 1 3 1 m R x H~OO~IBUS/NEgS P o10-75~ ?O tip RK ~O Rry~ooo ~-75 ~~~ 03 7 - ~ PARKWAY NEIL G~N,`~~Na `L _ Q * GoRPO~-~E ~ ~ ZO ~PGPN~PLE °4°-7s ~ ' 1 LEGEND W ~~ COMMERCIAL / INDUST.@ $ 137.fi0 /f.f. n ~~ z 050-75 J p LOW DENSITY RESIDENTIAL w/ ~~~ 0~ ~ M~ RESTRICTED ACCESS @ $ 15.94 ! f.f. ~~ ~ 4~p~\ ~ HIGH DENSITY RESIDENTIAL Q, ...... ~~~ ~ ~5 @ $ 105.75 / f.f. ~~ o ~~1~ * 75' CORNER LOT CREDIT o ~ • ~ WATER SERVICE @ $ 1,017.50 /BERN. .!`1 n X WATER SERVICE @ $ 1,485.00 / SERV. G:Assessments/771 /Fg2 Lexington Avenue Upgrade Project 771 Flg 2 City of Eagan Assessment Map June 24, 03 Agenda Information Memo July 1, 2003 Eagan City Council Meeting B. ALDER LANE (LANGHOVEN ADDITION) RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation of public street right-of--way while retaining drainage & utility easement rights on the portion of Alder Lane adjacent to Lot 9, Block 1 Langhoven Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 16, 2003, City staff received a petition from Ms. Karen Marty, representative for the property owner at 3830 Alder Lane, requesting the vacation of public right-of- way on the portion of Alder Lane adjacent to the proposed to the property (Lot 9, Block 1 Langhoven Addition), south of Silver Bell Road and west of Highway 13 in west-central Eagan. • On June 3, the City Council received the petition for this vacation, and set a public hearing for July 1 to consider vacating said right-of--way. • Alder Lane is currently adead-end gravel street that is minimally maintained by the City. • The right-of--way was originally dedicated with the Langhoven Addition plat to provide for the public maintenance of Alder Lane. • The purpose of the request is to allow this portion of Alder Lane to be privately maintained by the property owner at 3830 Alder Lane, which is at the end of the street. • Drainage & utility easement rights need to be maintained to allow continued City maintenance of underground sanitary sewer and water main lines within the property. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. ATTACHMENTS: • Location Map, page ~~. a • Legal Description/Graphics, page . • Letter from petitioner, pages / U and ~~ 6~ Proposed Alder Lane Right-of--way Vacation City of Eagan Lot 9, Blk. 1, Langhoven Add. May 29, 2003 S?' SILVER BELL RD. AREA TO BE VACATED: The south 125.0' of Alder Lane as dedicated on the plat of Langhoven Addition C:\ Colbert\ ScottTroil C7009)C7 Proposed Alder Lane Right-of--Way Vacation Lot 9, Blk 1, Langhoven Add. May 29, 2003 City of Eagan !~ / Dear Mayor Geagan, Council members Carlson, Fields, Maguire, and Tilley, July 1, 2003 Agenda Public Hearings, B: Vacate public right-of--way -Alder Lane, Langhoven Addition If I tell you I am requesting the vacation of public right-of--way for my privacy -that sounds cold and impersonal. I am hoping by sharing my personal experience with vehicle activity on Alder Lane, you will better understand my spin on "Privacy". I am not sure when after 1960 gravel was first put down, or even how much later it was black topped. Or even when the city decided to plow it. You know, I once owned the lot next door. When REM purchased it a few years ago the vehicular traffic changed considerably. REM was a home for (as best as I can explain it), a home for socially and mentally challenged teens. They required twenty-four hours a day staff for care and supervision. Everyday there were between two and seven cars present. Plus the police knew the residence well. There was a lot of vehicular activity at REM. Not only the staff and visitors/families, but school buses, trash collections, deliveries and maintenance people. 90% of the time these cars, buses etc. (sometimes the city plow) turn into my drive way to go the right direction down Alder Lane. So many drivers turn up Alder Lane by mistake, that I had the City of Eagan attach a "No Outlet" plate to the Alder Lane street sign. These drivers also use my driveway to turn around. With all the activity going on for the preparation of Langhoven for development, the hea~ry equipment has broken up the road surface, and on occasion my driveway was used again. There will be new vehicular traffic -more strangers and drivers getting lost. I suspect a lot of them will also use my driveway to turn around. ** In response to City Attorney memo: turn-around issues. Maybe folks will use the Keystone driveway if mine is not available to them. I am asking for the Vacation for my privacy (Period). Per the proposed Right-of--Way to be vacated: My grass currently ends 16 feet into the 20 foot area of the graph that shows what areas the City will need to retain as utility easement. There is four feet of gravel between the grass and the black top. I asked for utility easements so as not to infringe on any public right-of--way. ** In response to City Attorney memo: That the City would reserve all drainage and utility easements within the right-of-«~ay. I have no intention of planting trees or erecting permanent structures anywhere in the Vacation -let alone, over the now identified actual utilities easements. ~o + For landscaping - I was thinking of something attractive by my mailbox. + I had hoped to refurbish my driveway, the apron (which has been destroyed), and approximately 60 feet to the North property line (this includes the 23ft Ex. Watermain easemenrt). + I might like to plant something between the 23 ft. Ex. Watermain and the 15 ft. Gas line (not on the graph) and whatever the remaining footage from the gas line easement to the South property line might be - so as to have the Vacation appear like a private drive. + Because the black top would be an extension of my driveway, I will maintain it, including the snow removal ** In response the City Attorney memo: Snow storage I don't know what the City usually does on a dead-end road, but why couldn't they use 10 feet of the 23 ft Ex. Watermain utility easement for stacking. Just don't stack on my 18 foot wide driveway. I understand the residual snow that is left across a driveway when the plow goes through -instead of it being across the end of my present driveway, it would be across the end of my North property line. Thank you for your consideration of my Petition to Vacate the stub end of Alder Lane. Sincerely, Doris dateline Q~ ~~,~ ~~ Agenda Information Memo July 1, 2003, Eagan City Council VI. OLD BUSINESS A. PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE SELF- STORAGE ACTION TO BE CONSIDERED: To approve (OR to deny) a Planned Development Amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue in the NW '/4 of Section 15, subject to the conditions in the staff report. FACTS: • This proposal was scheduled on the Council's agenda on April 15 and was continued at the applicant's request to June 3, 2003. This item was continued again at the applicant's request to the July I, 2003 Council meeting. • The Cornerstone Self-Storage facility was constructed in 2000. The property was rezoned to Planned Development to accommodate this use in a commercial area. • The site contains a service drive along Denmark Avenue that connects with the Kennedy Transmission and car wash sites to the north, and is designed to eventually serve the veterinary clinic to the south. The site provides 10 parking stalls. • The applicant is proposing to store up to eight rental vehicles, trucks and trailers, on the site. While offering the rental vehicle service is intended to attract and retain tenants, vehicle rental will also be available to the general public. • The rental vehicles are proposed to be stored in the six southernmost parking stalls, and at the southeast comer of the site on the service drive. • This site was not designed to accommodate this type of accessory use. The proposed storage area satisfies only one of the six City Code standards for outside storage. • The Advisory Planning Commission held a public hearing on March 25, 2003, and recommended denial of the Planned Development Amendment. ISSUES: The stated reasons for the APC's recommendation of denial include aesthetics, that the proposal satisfies only one of six performance standards for outdoor storage, that truck rental is not appropriate in the Town Centre commercial area, and the lack of screening. Since the APC meeting, the applicant has approached staff with the alternative of storing some of the vehicles on other nearby commercial property. Such off-site outdoor storage is not allowed by the City Code and therefore, was not brought forward for consideration. ATTACHMENTS (2): March 25, 2003, APC Minutes, pa es ~ through Staff report, pages ~ through ~~ C. PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE SELF STORAGE A Planned Development Amendment to allow outdoor storage of rental vehicles on Lot 1, Block 1, Town Centre 70 Twenty Second Addition, located at 3495 Denmark Avenue in the NW '/4 of Section 15. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 18, 2003. She noted the background and history. Sheldon Badzin, Cornerstone Self-Storage explained that the self-storage business is growing. He explained the proposed positioriing of the trucks being stored. , Julie Clue, Cornerstone Self-Storage stated she has seen a continued need and request for moving trucks from Cornerstone customers. She stated she is concerned with the appearance of the property and feels comfortable with this partnership. Kevin Mondale, Budget Rental stated the trucks to be stored would be an average of two and one half years old. He stated they are willing to install screening from the site of the roadway. He stated they are on a 30-day trial period partnership. 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. IViember Miller stated the facility is maintained well. He stated concerns with the proposal in conjunction with the Town Centre area. IVlember Gladhill agreed with Member Miller and stated maintenance and improvement of aesthetic value in the City is important. He stated truck rental is not compatible with the Town Centre area. Chair Huusko echoed the concerns outlined in the staff report. He stated the facility is nicely maintained; however he feels truck rental will degrade the area. He asked if there are any indoor storage units that could accommodate the trucks. IV1r. Badzin stated the southwest corner of the property would be another possibility for the truck storage. He stated there could be a possibility of indoor storage, however he would like to make sure the truck rental would bring revenue to the business, before investing money on indoor storage or interior storage. iVfember Steininger suggested that the applicant may wish to request an Interim Use Permit, rather than a Planned Development Amendment to utilize the 30-day trial period. Member Bendt explained that the City has a responsibility to its businesses; however, outdoor storage is not appropriate in this area. 73 Member Hansen stated he appreciates the property being well maintained, however he is opposed due to only one of the six outdoor storage requirements being met. Member Heyl explained that the lack of screening is preventing the approval of this item. She explained that other businesses were allowed additional uses because their property was more feasible for the use. She stated she would be in favor of approval if better screening were available. She stated she is not in favor as proposed. Member Leeder stated he appreciates the maintenance of the property. He stated he would be in favor if there were better screening on the property. Member Miller moved, Member Heyl seconded a motion to deny the Planned Development Amendment to allow outdoor storage of rental vehicles on Lot 1, Block 1, Town Centre 70 Twenty Second Addition, located at 3495 Denmark Avenue in the NW '/< of Section 15 due to the conditions not being met. All voted in favor. Motion carried 7-0 ~v PLANNING REPORT CITY OF EAGAN REPORT DATE: March 18, 2003 APPLICANT: Cornerstone Self-Storage PROPERTY OWNER: Sheldon Badzin REQUEST: Planned Development Amendment CASE: 15-PA-02-02-03 HEARING DATE: March 25, 2003 APPLICATION DATE: Feb. 19, 2003 PREPARED BY: Pamela Dudziak LOCATION: 3495 Denmark Avenue COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST Cornerstone Self-Storage is requesting approval of a Planned Development Amendment to allow outside storage of rental vehicles on property located at 3495 Denmark Avenue. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part The provisions of this chapter maybe 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 oftwo-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. BACKGROUND/HISTORY The Cornerstone Self-Storage facility was constructed in 2000. The development contains several storage buildings, and an apartment/office for the on-site manager. The property was rezoned to Planned Development to accommodate this use in a commercial area, previously the property had been zoned CSC, Community Shopping Center. ~S Planning Report -Cornerstone Self-Storage March 25, 2003 Page 2 EXISTING CONDITIONS The site contains several storage buildings and an apartment/office for an on-site manager. Access into the facility is controlled by a gate at the entrance to the site from Denmark Avenue. The site contains a service drive along Denmark Avenue that connects with the Kennedy Transmission and car wash sites to the north, and is designed to eventually serve to the veterinary clinic to the south. The site provides 10 parking stalls. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Kennedy CSC, Community SA, Special Area Transmission Sho in Center East A artments R-4, Residential Multi le SA, S ecial Area South Veterinary Clinic CSC, Community SA, Special Area Sho in Center West Wal-Mart and Kohl's CSC, Community SA, Special Area Sho in Center EVALUATION OF REQUEST Applicant's Proposal -The applicant is proposing to store up to eight rental vehicles, trucks and trailers, on the site. The applicant desires to make it more convenient for customers to move their items to and from the storage facility byproviding on-site rental vehicles. Current hours of operation for the facility are 8:30 a.m. to 5:30 p.m. Monday through Friday, and 9:00 a.m. to 2:00 p.m. Saturdays. These hours would not change. While offering the rental vehicle service is intended to attract and retain tenants, vehicle rental will also be available to the general public. Four sizes of vehicles are proposed, and the mix of vehicles is not known at this time. The applicant has proposed up to eight vehicles, so we have assumed two of each size for the purposes of evaluating this proposal. Ten foot truck -measures 6.75 feet wide and 18-1 /2 feet long 15 foot truck -measures 8 feet wide and 24 feet long 24 foot truck -measures 8 feet wide and 33 feet long Car carrier -measures 8-1/2 feet wide and 22 feet long ~6 Plaruiing Report -Cornerstone Self-Storage March 25, 2003 Page 3 Site Plan -The two smaller sized trucks and car carriers are proposed to be stored in the southernmost parking stalls, occupying up to six stalls. The largest trucks, the 24-foot size, are proposed to be stored on the private access road at the southeast corner of the site. No grading or landscaping is proposed at this time. Outdoor Storage -The ordinance standards for outside storage are outlined below. Outdoor storage items shall be placed within an enclosure as ~iecessary 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 (I-2) zoning districts, the enclosure may be detached from the principal building. For comparative purposes, the CSC zoning district standards are being applied to this outdoor storage request. The proposed storage area is not enclosed. The existing fenced area provides security to the storage units, and the proposed outside storage area is located outside of the fence. 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 ot)zer required setbacks. The proposed storage area is located in the front yard, between the buildings and Denmark Avenue. The 24-foot trucks proposed to be stored on the access road would be set back 20 feet from the front property line; the other vehicles would be set back approximately 40 feet from Denmark Avenue. The access road is designed to be extended to the south to connect with the veterinary clinic parking lot in the future, so it is paved up to the side property line. Outside storage should be set back at least five feet from the side property line. 3. The outdoor storage area shall be screened from view from tl~e public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed storage areas are not screened from views from the public right-of--way. The proposed storage areas are visible from Denmark Avenue and the apartments east of Denmark Avenue. If this amendment is approved, a landscape plan should be prepared to enhance the landscaping along Denmark Avenue to provide screening of at least 75% opacity of the proposed storage area. The landscape plan should be submitted for staff review and approval for incorporation into the Planned Development Agreement. ~~ Planning Report -Cornerstone Self-Storage March 25, 2003 Page 4 4. The storage area shall not interfere with any pedestrian or vehicular movement. The access road is designed to serve not only this parcel, but the two parcels to the north and the one parcel to the south. While the access road currently dead-ends at the south property line, it eventually will be extended to the south, providing vehicle movement through this site along the shared access road. Therefore, outside storage should not obstruct this access road. The vehicles proposed to be stored in the parking stalls, only the ten-foot trucks are short enough to not obstruct the access road in any way. The 15-foot trucks measure 24 feet long, and the car carriers measure 22 feet long, and both would extend into the access road from two to four feet, partially obstructing vehicular movement. requirements for this site on what other metropolitan cities would require for similar development, which was found to be 11 stalls. The applicant's narrative indicates that the existing amount of parking exceeds the actual parking need as tenant visits are usually short- term and they usually drive into the site to access their storage unit rather than park out front. 6. The storage area shall be surfaced with concrete or an approved equivale~it to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The areas proposed for vehicle storage are paved and no new grading is proposed. SUMMARY/CONCLUSION In summary, the applicant is requesting approval of a Planned Development Amendment to allow outside storage of rental vehicles on property located at 3495 Denmark Avenue. The proposed storage area satisfies only one of the six City Code standards for outside storage. This site was developed in 2000, and was not designed to accommodate this type of accessory use. The items that do not meet City Code standards are that the proposed storage area is located within the front yard, is unscreened from the right-of--way and residential properties, is located outside of any enclosure, and presents some obstruction to vehicular movement through the site. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outside storage of rental vehicles on property located at 3495 Denmark Avenue. If approved the following conditions shall apply: The storage area shall not take up required parking spaces or landscaping a1•eas. The storage is proposed to occupy up to six of the existing ten parking stalls, leaving three stalls and one handicapped accessible stall open for visitor and customer parking. While the City Code does not have a minimum parking standard for this type of use, the City based the parking r~ . , ~~ Planning Report -Cornerstone Self-Storage March 25, 2003 Page 5 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. Up to six rental vehicles maybe stored on the property. No rental vehicles shall be stored on the access road at the southeast corner of the site. The rental vehicles shall be located within the southerly six parking stalls and shall not exceed 20 feet in depth so as to not obstruct vehicular movement on the access road. 3. A landscape plan shall be prepared to enhance the landscaping along Denmark Avenue to provide screening of at least 75% opacity of the proposed storage area. The Iandscape plan should be submitted for staff review and approval for incorporation into the Planned Development Agreement. 79 O Eagan Boundary Location Map ~~p~~~a"`~' ~ "i'~~ BWlding Footprint i E Y ~ f '- ~` ~~~ --E- Development/Devetoper. Cornerstone Self Storage Application: Planned Development ndment Case No.: 15-PA-02-02-03 Map Prepan!d utinp ERSI ArcYaw ].1. Parcel Die. map data provided N by Dakoa County Land Survey ()epa111MM alld 1a current as OI Sepamber IOOt. THIS NIAF IS INTENDED FOR REFERENCE USE ONLY W F city of eagan T~,a City o, Eagan and Dakota County do not guannta. ttra accuracy of this laformation and an 5 C0111111u1iry Dwa/oPle.nr D.peRlrsM not nsponNbla Tor errors or omhsions. 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: I' P D Planned Development i00 D f0f ,200 f..t Comprehensive Guide Plan Land Use Map •• .. ~ Current Land Use Designation: SA Special Area .. Cornerstone Self-Storage Case No. 15-PA-Q2-02-03 f00 D f00 1200 h.t I !•re.l Fns InNr PreHd.dry a.M.rl County L.nd turroy D.f.rlm.n f.Pa.n.b.r 2002. N Lonlny Infarrm/bn ~nflntfln.tl by Gky J<W. City of Eagan >a~ E ~j . THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Developmenf Department The Clty of Eagan and Dakota County do not guaraM¢e N1e accuracy of this Infoemation. S ~~ -~ N~dld 311S ,Y o I .,r , : ..~t.bt. , I J o rr~s JINd~'110 ' „ ~ o____ I t i ~ ~~ t -- - •--~ , O I l ~ W ~ ~ ~ . 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I -~-----t j ; ; t; ------ ~~ ~ ;~ ~ ~~~I i ;i ~= .I se ~ i ~ ,. , ~ s$ . ~ ~ !: i i ji + ~i i l i ~" g ~ I i t I a9 ~ J i iii I I ~~ ,., ;Q. ~ i ~ ~ i 1 ~~~ ~' ~• I ~ ~ f I }~; }I i f 2~3 ~ ~~ ~ ~ 1. ~a 7 I ~.; 1 , ;, r i, 1 ~----; ;, ' stsrtll w >ta .r.. s o..!e r ' / I j { J ~ '.~~ saw, r .r ... ,.....« nn w .r....11 i I { i I .! ~'1'^ ja+ t \\_ c '11 ~ t ~ y, Jy'!~ ~_ i ~ ~ ~ ~ 1 z~ ! _~~ ' il~ ! ,i ;III ~ ~Syi 3 +~ QQ ]! y1 3 ~i - .~~ SI Y R I i O i y{1~ji; ~lY~~~i ~• I ~~I\ ' W Il; ~1~~3y kT.~ 7i L ~ ~ d (~[jj~tl~( i{jijii ~i~ ~\ ~\\~ ~~ I {.~ J~1~~~33~33~}~ 3 ~~ N ~ ~T~ii~j ~~s ~1~ 9~ \~ 1~--7~+ua~ w..o w.. ,..~.... wn ... o...a ~(J ~'s o_esl o.-:i II I' ~2. •^. , Nt ~~ i17~7~4 ~J~~it~ `hj~_______J L__ _______________________________1 ~ III ~I a 1 v. '~ W ;lid t- ~ ail! I I ~ 'I III~~I ~ ~I _ • * aa o ~ ~dJJf3• '~ jj : t ~- --~--------~ --------'--~- --~ Agenda Information Memo July 1, 2003, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDVISION (MARCELLA WOODSI -BRIAN OLSON ACTIONS TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to establish an LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW 1/4 of Section 34, be submitted to the Metropolitan Council for review and approval. To recommend approval of a Rezoning from A, Agriculture to R-1, Residential Single district for 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW %4 of Section 34. To recommend approval of a Preliminary Subdivision (Marcella Woods)to create 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW'/a of Section 34; subject to the conditions listed in the May 25, 2003 Advisory Planning Commission minutes. FACTS: • The application was before the City Council on June 17, 2003 and continued to July 1, 2003 to address some of Council's concerns regarding the soccer fields in Ohmann Park to the north. • The applicant has revised Preliminary Subdivision by shifting the lots to the south as well as shifting the proposed cul-de-sac keeping the same number of lots as the previous preliminary plan. • The proposed subdivision will still have access via Grace Drive; however, the extension of Grace Drive will no longer require a 600 foot Variance. Rather, the Variance has been reduced to 232 feet for the length of the proposed cul-de-sac. • The lots now range in size from 13,006 square feet to 24,379 square feet. • The Park and Recreation department contemplated moving the soccer fields further north, or building a berm along the common property line to address the issue, but determined these options were not feasible. • Staff met with the applicant on June 24, 2003 to discuss the modified site plan. Park and Recreation staff suggested the applicant plant trees and shrubs along the common lot line on the park property for screening purposes. The developer agreed to the suggestion. Further the Parks department would maintain these plantings and the plantings could be used as part of the tree mitigation plan associated with this development. 83 • The Advisory Planning Commission held a public hearing on May 27, 2003, and is recommending approval; subject to the conditions in the APC minutes. ISSUES: • Shifting the lots further to the south may have some impact on the style of houses that were proposed for this development, resulting in Variances to the building coverage standard. • Since Comprehensive Guide Plan Amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Preliminary Subdivision and Rezoning will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. It is appropriate for the Council to comment on the proposed Preliminary Subdivision and Rezoning at this time. ATTACHMENTS (2): June 17, 2003 City Council Minutes, pages $S ~~ Revised Preliminary Plat and Site Plan, page ~~ Eagan City Council Meeting Minutes ~~~~~ June 17, 2003 Page 5 ORDINANCE AMENDMENT -CHAPTER 5, SECTIONS 5.32AND 5.57 City Administrator Hedges introduced this item regarding an ordinance amendment to City Code Chapter 5 regarding temporary beer and liquor license regulations. He discussed a proposal made by the CAPE Group (Changing Alcohol Polices at Events). The CAPE group met with Council at a previous special Council work session. The clarity of number 6 under Section 5.60, Subdivision 2 regarding the specific area to be designated for the sale of alcohol was discussed by Council, the City Attorney and staff. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to City Code Chapter Five by amending Sections 5.32 and 5.57 and add Section 5.60 regarding temporary beer and liquor license regulations. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE LAND USE AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) -BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a low density residential land use guide plan designation on 6.4 acres of land located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Maguire seconded a motion to direct that a Comprehensive Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located t 4880 Pilot Knob Road in the SW % of Section 34, be submitted to the Metropolitan Council for review and approval. No vote. Discussion was held among Councilmembers, staff and Brian Olson, developer, regarding the proposed project being adjacent to park property that is used for soccer fields. This situation could possibly create problems for soccer players and residents regarding the retrieval of stray soccer balls. It was agreed that submission of the Comprehensive Guide Plan Amendment be continued to allow Mr. Olson time to address the possibility of a berm, additional trees for screening and /or a recreation easement for his proposed development. Mr. Olson requested a continuance to the next meeting. Senior Planner Ridley suggested that Mr. Olson contact the Parks and Recreation Department operations staff to discuss the issue.. Councilmember Tilley withdrew her previous motion for submittal of the Comprehensive Plan Amendment to the Metropolitan Council. Councilmember Maguire concurred. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of a Comprehensive Plan Amendment for land located at 4880 Pilot Knob Road to the July 1, 2003 Council meeting. Aye: 5 Nay: 0 RS uv-u ~m~~ww o ~~ _ x ~ ~D ~ °p~` `' - ~ ~, ~' ~ a F ~ 6 9 7 6 w.. ~ § F ~ ~ f~ ~~~, w ~~~~-~~ ! ~ 4~ ~ d~ ~~ 2r~7 ~ ~~ ~-V<~<t vex ~ °~V ~ ~~Z~~~F 3~ sa `"gip ...o = aaNaaa~ yV ' ~ ~aSn~.aa~ a~ ~~ ~ ~ po ~~ 0 ~ <-y __ ~ O R` ~ < / ~ ' m a ~ ~ ~ ~ z ~ ~ o ., -. =1 ~ ~' \ '•. m S ^,`,, ,' ad' Y ~ -----------= -- Q CV a ~ ~ Z n'f ~~ 1i z S ~ ~^J o ~ ~ ~ •~=~ S ~. ~, ~ `. 3QW ~ ~ ~_.i ~ ~ .,,: •,~ r J r~ E w ! '- o ~U ~ ~ .aoie~ t < ! iii U C~ ~ ' ~, _ F ! W `" ~ AS ''~ < t N ~ ~ m t4 ~ S .~ O J ~ ' r ^ ~ \,, ~ ~ ~ ( ~~ / ~ % / ~ / I ~~ i A l i r ' I ~ fij i I ~ ICJ + ~~ i ~ ~ ~ ~ ~~ ~ ~ ~ j 11 ! t ~ ~ l ~iGjL~t •~ 5 a ~ ~ j ' < C ~ if ii ~~ i I , a d t (~ ~ : i s ~ r: ~ ~ _ _ J - ~ G' ; ~it i ilk ~ ~~ g ~ ~~ j (Otl0 BONN lOlld) L£ 'ON 'HY'S'0 ~~~~,~ ~~~ ~~~ j ~ sR ~ ~ g6 k t i I ~:~i ! n ' Fiii ij ~. :ddE d 7 rtxr~ ~~ Agenda Information Memo July 1, 2003 Eagan City Council C. 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. • Following a recommendation of denial by the APC, the City Attorney completed additional research regarding the proposed ordinance amendment and a revised draft ordinance was presented to the City Council on May 20, 2003. • The City Council directed further discussion to its June 10, 2003 workshop. The outcome of the workshop discussion was to add a 200-foot buffer provision to the ordinance. • The City Attorney has further revised the ordinance to reflect this additional provision and is attached for the Council's reference. ATTACHMENTS (1): Revised Draft Ordinance Amendment, pages ~ through May 20, 2003 City Council Meeting Minutes, page 90 Apri122, 2003 APC Meeting Minutes, pages ~ through S7 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION 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. Currency Exchange Business. Subd. 1. Def nition. "Currency Exchange Business" means an~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. Currency exchange does not include a person, entity or establishment which provides said services incidental to a primary business if the charge for service does not exceed One Dollar ($1.00) or one percent ~ 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 without first obtaining from the City a conditional use permit for the permitted zoning district. Subd. 3. Restrictions and ReQUlations. A currency exchange business which is licensed to operate within the City 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 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, day care facility, on or off-sale liquor establishment, park or public facility or residential property including R=4 (Residential Multiple District) properties. ~~ The distance set forth herein shall be measured from an~point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. 4. A currenc ey xchan~e business shall comply with all provisions of this Code and other applicable state laws. 5. No bars, chains, or other security devices on the structure in which a Currency Exchange Business is located shall be visible from a public street or sidewalk. 6. A current exchange business shall not eng_a eg in any services in which moneyor funds are Tended, borrowed or pledged to or by a customer. 7. The Qremises shall be open for inspection by the City and the City shall have the ri t to inspect the premises. 8. No Currency Exchange Business shall be open or operated during, the hours of 8:OOp.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 Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 2 By: Pat Geagan Its: Mayor g9 Eagan City Council Meeting Minutes May 20, 2003 Page 11 ORDINANCE AMENDMENT -CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.30 regarding definitions and Section 11.60, Subdivision 11 C and 13 C adding Currency Exchange Operations as conditional uses. Senior Planner gave a staff report. Councilmember Maguire stated that he would like Neighborhood Business removed from the areas that currency exchange businesses allowed to be located. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.30 regarding definitions and Section 11.60, Subdivision 11 (C) and 13 (C) adding Currency Exchange Operations as conditional uses; and by adopting by reference Eagan City Code Chapter 1. After discussion regarding appropriate locations for currency exchange businesses, it was agreed the issue should be discussed at a future work session. Councilmember Carlson withdrew the motion for approval. Councilmember Tilley moved, Councilmember fields seconded a motion to continue consideration of an ordinance amendment to City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.30 regarding definitions and Section 11.60, Subdivision 11 (C) and 13 (C) adding Currency Exchange Operations as conditional uses; and by adopting by reference Eagan City Code Chapter 1, to the June 10, 2003 Council work session. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator provided an update on activities at the Community Center. ADMINISTRATIVE AGENDA Special City Council Work Session Councilmember Carlson moved, Councilmember Fields seconded a motion to schedule a Special City Council work session for May 21, 2003 at 6:30 p.m. Councilmember Carlson stated she felt the item, previously acted on, regarding parking restrictions on Braddock Trail, should be reconsidered. She stated that further information needs to be gathered and discussion held. Councilmember Carlson moved, Councilmember Fields seconded a motion to reconsider the Braddock Trail parking restrictions. Aye: 5 Nay 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to add discussion of the Braddock Trail parking restriction issue to the June 10, 2003 City Council work session agenda. Aye: 5 Nay: 0 ~d 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 Heyl 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 Giadhill 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. 9/ City of Eagan Advisory Planning Commission Meeting Minutes Apri122, 2003 Page 17 All voted in favor. Motion carried 6-0. Member Heyl 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: Duey Bendt/APC Secretary Camille Worley Recording Secretary 9a Agenda Information Memo July 1, 2003, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT -THE NOODLE SHOP COMPANY ACTIONS TO BE CONSIDERED: To approve a Conditional Use Permit to allow on-site Liquor sales on Lot I, Block 1, Town Centre 70 Seventeenth Addition, located at 1340 Town Centre Drive; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • City Code requires a Conditional Use Permit for on-sale liquor, 3.2 beer and/or wine in the CSC, Community Shopping Center zoning district. • The subject area is surrounded with other retail uses and restaurants. • There are two other establishments in the immediate surrounding area that serve liquor on site and there is one establishment that is strictly off-sale liquor. • The Advisory Planning Commission held a public hearing on June 24, 2003, and is recommending approval; subject to the conditions in the APC minutes. ATTACHMENTS (2): Advisory Planning Commission Minutes page(s) ~r_°J',S Planning Staff Report pages~through~ p3 ~~~~~ MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA June 24, 2003 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 24, 2003 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Huusko, Members Heyl, Hansen, Bendt, Steininger, Gladhill (arrived 6:35), Miller, and Leeder. Also present were Senior Planner Mike Ridley, Planner Pam Dudziak, Planner Sheila O'Bryan, City Attorney Bob Bauer, Assistant Engineer John Gorder, and Recording Secretary Camille Worley. AGENDA Member Hansen moved, Member Steininger seconded a motion to adopt the Agenda. All voted in favor. Motion carried 7-0. May 27, 2003 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Bendt moved, Member Heyl seconded a motion to approve the May 27, 2003 Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. Ill. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT -THE NOODLE SHOP COMPANY A Conditional Use Permit to allow on site liquor sales on Lot 1, Block 1, Town Centre 70 Seventeenth Addition, located at 1340 Town Centre Drive in the NW '/< of Section 15. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated June 4, 2003. She noted the background and history. Applicant Brent Henderson explained that all other metro area locations serve liquor. 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 Heyl stated the proposal is appropriate. Member Heyl moved, Member Bendt seconded a motion to approve a Conditional Use Permit to allow liquor to be served onsite during business hours located at 1340 Town Centre Drive; Lot 1, Block 1, Town Centre 60 Seventeenth Addition. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 9y City of Eagan Advisory Planning Commission Meeting Minutes ~~~~~ June 24, 2003 Page 2 2. The sale of liquor shall take place only during the hours provided in the City Code. 3. The consumption and sales of liquor shall be limited to only the restaurant property. 4. A City liquor license shall be obtained. 5. All applicable City Code requirements shall apply. All voted in favor. Motion carried 7-0. 9s PLANNING REPORT CITY OF EAGAN REPORT DATE: June 4, 2003 APPLICANT: Noodles & Company PROPERTY OWNER: ETC MN LLC REQUEST: Conditional Use Permit CASE: 15-CU-03-OS-03 HEARING DATE: June 24, 2003 APPLICATION DATE: May 22, 2003 PREPARED BY: Sheila O'Bryan LOCATION: 1340 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area 4 ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting a Conditional Use Permit to allow liquor to be served onsite during business hours located at 1340 Town Centre Drive; Lot 1, Block 1, Town Centre 70 seventeenth Addition in the NW '/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 9~ Planning Report -Noodles CUP lone 24, 2003 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject property is located in the Town Centre shopping area. The existing building was previously a Schlotzsky's Deli which was recently converted into a Noodles and Company restaurant. EXISTING CONDITIONS There is an existing 3,048 square foot building with a small patio on the east side of the building. The Noodles restaurant seats 80 people inside and 20 people outside. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Rainbow Foods CSC, Community SA, Special Area 4 Sho in Center South Retail CSC, Community SA, Special Area 4 Sho in Center East Retail SCS, Community SA, Special Area 4 Sho in Center ~~ Planning Report -Noodles CUP June 24, 2003 Page 3 West Applebee's Restaurant CSC, Community SA, Special Area 4 Sho in Center EVALUATION OF REQUEST Proposal -The applicant proposes to allow the sale of beer and wine in the existing Noodles and Company restaurant. City Code requires a Conditional Use Permit for on-sale of liquor, 3.2 beer and/or wine in the CSC (Community Shopping Center) zoning district. Compatibility with Surrounding Area -The surrounding area has the same zoning and Land Use Designation as the subject property. The subject area is surrounded with other retail uses and restaurants. The applicant is requesting to serve beer and wine onsite during business hours, there are two other establishments in the immediate surrounding area that serve liquor onsite and there is one establishment that is strictly off sale liquor. The compatibility of the restaurant was determined with the Community Shopping Service zoning designation and approving the other liquor licenses determined the compatibility in the area for liquor sales. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit to allow beer and wine to be served onsite during business hours. In the Community Shopping Center zoning district a Conditional Use Permit is required for the sales of liquor. The use appears consistant with other uses in the area. The applicant has applied with the City for a liquor license. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow liquor to be served onsite during business hours located at 1340 Town Centre Drive; Lot 1, Block 1, Town Centre 70 Seventeenth Addition. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. The sale of liquor shall take place only during the hours provided in the City Code. 3. The consumption and sales of liquor shall be limited to only the restaurant property. 4. A City liquor license shall be obtained. 5. All applicable City Code requirements shall apply. 9~ FINANCIAL OBLIGATION-IS-CU-03-OS-03 Lot 1, Block 1, Town Centre 70"' Seventeenth, 1340 Town Centre Drive There are pay-off balances of special assessments totaling $-0- on the parcels proposed for conditional use. At this time, there are pending assessments in the amount of $11,615 on the parcel proposed for the conditional use. These pending assessments are related to the reconstruction of streets in the Town Centre area of the City. 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 conditional use. IMPROVEMENT None USE RATE .QUANTITY AMOUNT Total 99 ~ ~. . o E~ ~~®~ y ~~ ~.~ ~ / ~ .d ~, ,,3 0 ~< ''. :1 ' lagan Boundary Location Map ~ ParNI Aroaarlirtti building Footprint a ~~ I :a :n ra ",~ } .~ i~ ~~- } ti __, --- ~. r~ ~ v ~,. ~ ;' a _.' ~ ~ . ' ~`~ x_ Sub'ect Site ~ ~ ---~ ;-- `j' ~ ~ (' :--s as s~ as ~a: spa ai~a '' _ _ '' ~ 1 „ ; 3 - --~-f 6 Q 4a ~ ~ '~ ~J ~~ ~ ~ ? ~ ~ tea ~ '~ ~ 3 ~ p ~ ~ ,. a ~ _ ~ ~ a~ ~ 3 @ ?' ~ ~ ~ ~®®~ . a - - o~ o • '!~ 3 ~~?\1000 0 1000 2000 Feet Development/Developer: Noodle 8 Company Application: Conditional Use Per Case No.: 15-CU-03-05-03 ~~ Map Pnpand ualnp ERSt ArcVNw ].1. Parch base rtoD data provided by Dakola County Oflica of GIS and is cumnt as of February 2001 TNIS MAP IS INTENDED FOR REFERENCE USE ONLY city of c~gan Tha City of Ea~n and Dakota County do not guarantoo th• accuracy of this inforntatlon and aro not r~~oonsibl~ for •rrora or omissions. w W~ E S PROJECT DESCRIPTION r.nr. _ T (lf ATT(1N~ SUBDIVISION NAME: (existinglproposed) PROPERTY SIZE: .~ (acres, square feet) NUhIBER OF LOTS: _~, *MARKETING NAME OF PROJECT: JUa~d (~S ' ~IGlVIDc~c~~ I *TELEPHONE #: ,~`~ I " `7'~ ~{ _ / 1 ~-( *For use in City's Current and Pending Development pamphlet and Internet site /~/ z. fZISS tl10S3NNIW 'NtlOtl3 r ~ 3AIa0 3i:I1N3~ NMOl 04f l ~ 3 ~`~ tl1053NNIW ~NtlOtl3 ~ ~ ~ ~ ~ luodnoa0 ~ (n rRF Sa(pCOLI ~ .• i i ' ~z O~ z ~w ZV Y2 !:~ ap C ~~ ~ -.... i s, W ~- ~ ` ~ .~. ~ ~~ F [I '~i ,~ ~ i l~~ ~~ ~~ ~~~~ o ~, ~ Q ~ ~~r f r~ ~ 6 a o~ ~ °~ ...~~-.~ j ~.D-.tl .o-.z ..o-.L J W ~'' h yyyy~~ ~. I~ ~ ~ : A'.Ly Z I FS ~ II i, ~ ~ ell' ~ _ ~ ~ ~, lei ~. ~ ;_T `g 'V ~ZV ` / ~ . ~ +i I ~ ~ k ~ ~ / `_ _, \ ~ -- \ ~ 3~~a0 2131N30 ~ \ _ NM01 ~ L ~~ i i /D~ 3, ~'a/ ~~. ~~ V3 :?", •-~ <-' ~.> ~ ~~ A "~~~~~ ~A~~~~ O ~°~~ ~~~a pp~ ~ o~ ] fi i ?~ ~ n -' ~ EAGAN, MINNESOTA :~ ~ ~~~ ~ N 1340 TOWN CENTRE DRIVE 1~ , EAGAN, MINNESOTA 55123 Agenda Information Memo July 1, 2003 • .APPROVE WINE. SUNDAY WINE AND BEER LICENSE APPLICATION FOR THE NOODLE SHOP, CO. -COLORADO, INC. DBA NOODLES & COMPANY ACTION TO BE CONSIDERED: To approve a wine, Sunday wine and beer license application for The Noodle Shop, Co. - Colorado, Inc. dba Noodles & Company located at 1340 Town Centre Drive. FACTS: • The Noodle Shop, Co. -Colorado, Inc. has applied for a wine, Sunday wine and beer license with the City of Eagan. Mary Beth Lewis is the president of the corporation, the vice president is Joe Serafin, the second vice president is James Largay and the secretary is Wayne Kimmell. • The required documents have been submitted and reviewed by City staff. • The Police Department has conducted an investigation on the officers and they do not find any reason to deny the applicant the wine and beer license. ATTACHMENTS: • Application enclosed without page number. /off Agenda Information Memo July 1, 2003, Eagan City Council C. REZONING (OUTLOT A, FOUR PAWS) -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Rezoning from I-1, Limited Industrial to R-1, Single Family Residential for Outlot A, Four Paws Addition of approximately 1.7 acres of land located adjacent to the Burnsville border, west of Hwy. 13 and south of Hwy. 77 (Cedar Avenue), in the SW '/4 of Section 19. FACTS: • The parcel consists of a single outlot, currently platted as Outlot A, Four Paws. The replatting of the parcel as Outlot C, Rivers Edge is a consent item on this Council agenda. • This rezoning proceeds from the City's adoption of Special Area 5 within the City's Comprehensive Guide Plan. • The Special Area 5 Plan indicates that this parcel should be guided consistent with the adjacent property in the City of Burnsville. In March 2003, the City of Burnsville approved a single-family residential development (Comprehensive Plan Amendment, Rezoning and Planned Unit Development, and Preliminary and Final Subdivision) for the adjacent property. • The zoning designation that is consistent with the zoning and development of the adjacent land in Burnsville is R-1, Single-Family Residential. • The subject parcel in Eagan is currently platted as Outlot A, Four Paws Addition, is currently zoned I-1, Limited Industrial, and has been acquired by the developer of the adjacent land in Burnsville. • The parcel will contain a lift station and provide for overflow drainage to serve the adjacent Rivers Edge development in Burnsville. • The parcel is being incorporated into the Burnsville plat and will become Outlot C, Rivers Edge. • The development's homeowners' association will own the outlot and the sanitary sewer lift station located within the outlot. Access to the parcel will be provided via a private street to be constructed within the Rivers Edge development. ATTACHMENTS (2): g 1D6 Draft June 24, 2003 APC Minutes, pa e Staff Report, pages ~ through /os City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 ~~~~ Page 3 B. REZONING - CITY OF EAGAN A Rezoning of Outlot A, Four Paws Addition from I-1, Limited Industrial to R-1, Single Family Residential, for property located adjacent to Burnsville, west of Hwy. 13 and south of Hwy. 77 in the SW '/< of Section 19. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 19, 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 Steininger moved, Member Bendt seconded a motion to approve the Rezoning of Outlot A, Four Paws Addition from I-1, Limited Industrial to R-1, Single Family Residential, for property located adjacent to Burnsville, west of Hwy. 13 and south of Hwy. 77 in the SW '/4 of Section 19. All voted in favor. Motion carried 7-0. /a.6 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2003 APPLICANT: City of Eagan PROPERTY OWNER: Manley Land Development REQUEST: Rezoning LOCATION: West of Hwy. 13 and south of Hwy. 77 COMPREHENSIVE PLAN: SA, Special Area ZONING: I-1, Limited Industrial CASE: 19-RZ-10-OS-03 HEARING DATE: June 24, 2003 APPLICATION DATE: May 21, 2003 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST The City of Eagan is proposing a Rezoning from I-1, Limited Industrial to R-1, Residential Single, of approximately 1.7 acres of land located adjacent to Burnsville, west of Hwy. 13 and south of Hwy. 77 (Cedar Avenue), in the SW %4 of Section 19. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council. Proposed amendments changing the boundaries of any district or changing the regulations of any existing district may only be made by an affirmative vote of the majority of all members of the Council except when the proposed rezoning is from an existing residential district to a commercial or industrial district in which case atwo-thirds majority vote is required. 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. /O ~ Planning Report -City of Eagan June 24, 2003 Page 2 BACKGROUND/HISTORY Four Paws Addition was platted in October 2001. At that time, Outlot A was combined with Lot 1, Block 1 of Four Paws Addition as a single tax parcel, however, the two parcels are not contiguous. On May 6, the City of Eagan approved a resolution allowing Outlot A to be separated from Lot 1, Block 1 as a separate tax parcel in order to allow it to be conveyed individually. Outlot A has since been acquired by the developer of the property adjacent to Outlot A in Burnsville, Manley Land Development, who will incorporate it into the Burnsville development. EXISTING CONDITIONS The property is currently vacant and undeveloped. The site contains little, if any, significant vegetation. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant; zoned I-1, Limited Industrial; guided SA, Special Area South - Hwy. 13 East - Hwy. 13 and Hwy. 77 West - Vacant (Burnsville); zoned R-1, PUD, Single Family Residential, Planned Unit Development; guided SF, Single Family Residential EVALUATION OF REQUEST Comprehensive Guide Plan -Earlier this year, the City approved an amendment to its Comprehensive Guide Plan creating a small area plan for Special Area 5. The Plan was also approved by the Metropolitan Council, and implemented by the City on May 6, 2003. The Special Area 5 Plan addresses this parcel and indicates that it should be guided consistent with the adjacent property in the City of Burnsville. In March 2003, the City of Burnsville approved asingle-family residential development (Comprehensive Plan Amendment, Rezoning and Planned Unit Development, and Preliminary and Final Subdivision) for the adjacent property. The City of Eagan is now proceeding with the rezoning that follows from the adoption of Special Area 5, to rezone Outlot A, Four Paws Addition from I-1, Limited Industrial to R-l, Single- FamilyResidential. /oX Planning Report -City of Eagan June 24, 2003 Page 3 Compatibilitywith Surrounding Area -The adjacent parcel to the north within Eagan is owned by the MN Department of Transportation, and was apparently acquired forright-of--way purposes for Hwys. 13 and 77. Portions of that property are covered by the City's Floodplain Overlay District, and the bulk of the area is also covered by wetland complexes. The R-1 zoning designation proposed for Outlot A, Four Paws Addition, is consistent with the single-family zoning designation on the adjacent property to the west in Burnsville. The parcel is contiguous with land in Burnsville, and aside from the aforementioned MN/DOT parcel, it is physically separated from other land within Eagan by Hwy. 13 and Hwy. 77. Site Plan -The development plan for the adjacent Burnsville property shows asingle-family development ending in a cul-de-sac just south of this parcel. The developer proposes to construct a lift station on this parcel, and provide overflow storm drainage, to serve the residential development. Plattin -Manley Land Development is also in the process of replatting Outlot A, Four Paws, to incorporate it into the Rivers Edge plat as Outlot C, Rivers Edge. The final plat is anticipated to be scheduled for City Council approval concurrent with the rezoning request on July 1, 2003. To ensure association ownership and access to the outlot, the developer should submit a copy of the homeowners' association documents to the City for review and approval by the City Attorney prior to final plat approval. Grading/Stonn Drainage - A storm water infiltration basin will be constructed on Outlot A. The basin is designed to allow storm water runoff to infiltrate, or percolate, into the bottom of the basin. The basin will accommodate a 1 % (or 100-year) storm event and will require periodic maintenance to ensure proper infiltration. This maintenance will be the responsibility of the development's homeowner's association. In storm events larger than the 1% event, drainage will overflow north to the Minnesota River. The PUD approval from City of Burnsville includes a condition that the land within the City of Eagan "shall be made a part of the ownership of the association for storm water purposes including maintenance information. City of Eagan must approve the land use and improvements as a signatory to the plat." Access/Street Design -Access to the outlot will be provided via a private street to be constructed with the development in Burnsville. Easements/Rights of Way/Permits -Public easements will not be dedicated within this outlot. The development's homeowner's association will own the outlot and the sanitary sewer lift station located within the outlot. /d 9 Planning Report -City of Eagan June 24, 2003 Page 4 SUMMARY/CONCLUSION The City of Eagan is proposing a Rezoning from I-1, Limited Industrial to R-1, Residential Single, of approximately 1.7 acres of land located adjacent to Burnsville, west of Hwy. 13 and south of Hwy. 77 (Cedar Avenue), in the SW %4 of Section 19. This rezoning implements the recently adopted Special Area 5 Comprehensive Guide Plan, which called for the zoning of this parcel to be consistent with the zoning and development on the adjacent parcel in Burnsville. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from I-1, Limited Industrial to R-1, Residential Single of approximately 1.7 acres of land located adjacent to Burnsville, west of Hwy. 13 and south of Hwy. 77 (Cedar Avenue), in the SW 1/4 of Section 19. //D Location Map ~~ Site I~ ~~~ ;~ \~1V ~' '' O Eagan Boundary Street Centerline ~ Parcel Area Building FootprlM E ~E 4, /~~Ii~'/ % ~~J~/ I/j '~ ~~ ®®®~~ ~~ ~ o I a I'I ~ `~' ..F Development/Developer: City of Eagan Four Paw utlot A Application: Rezoning Case No.: 19-iRZ-10-05-03 ~~~ N by Dak~~Counb Olfip a/ G 8 and is eu~nnt ascot Fibruary 'dad W~E TNIS MAP IS INTENDED FOR REFERENCE USE ONLY city oi: eacJan The City of Ea~n and Dakota ceaMy do not guara~« the accuracy of this I~ormadon and aro s ..___.._.... - - ` w.ertnann not responsible Tor errors or omissions. d N C ~.. 3 m d d ~,~ ~` \ / P %~ i j ,' , '~ i1 _ f! Current Zoning and Comprehensive Guide Plan Four Paws -Rezoning Land Use Map Case No. 19-RZ-10-05-03 Zoning Map ~~ 0 ., ,~ A Current Zoning: 1-1 Limited Industrial 1-~ 1-~ R-1 PUD ~ t- h1 wo o wo +aw s..~ Comprehensive Guide Plan ~ _ Land Use Map '~ A O SA }~ Current Land Use Designation: L sA SA ~- Special Area Single Family IND a ~ SA 000 0 00o saw s.w IND -areN l.w l.n aak.ta 0swty 6anAaw.y MPartm.K a.Pe..r.r 2002. N nNy YMonn.tlen n.xKarwa er Cay staf. City of Eagan W E ~ THIS MAP IS INTENDED FOR REFERENCE tJSE ONLY Community Development Deparbnent Tha City of Eagan and Dakota County do not gusran4a tha accvaey of this informatlon. s a yl.uw, Z~.' ¢m €y; W W ~..L~ ~a~..~ _ -: ~$ ilV ice/ ~ Il,l• -~-~~ I n 1. , i ti~ ~)I ~4. ' `` 1 L'1 '~._°.. 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CONDITIONAL USE PERMIT AND VARIANCES -KEYSTONE COMMUNITIES ACTION TO BE CONSIDERED: To approve (OR to deny) a Conditional Use Permit to construct afour-story, 129-unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NW '/4 of Section 20, subject to the conditions listed in the APC meeting minutes. To approve (OR to deny) a Variance to the minimum parking requirements allowing less than one stall per unit. To approve (OR to deny) a Variance to the maximum 10-foot building setback from a public right-of--way. FACTS: • Keystone is proposing to construct afour-story senior apartment building on the subject site. The building contains 129 units - 80 independent living units, 34 assisted living units, and 15 memory care units. The facility will offer a range of services to residents, depending on their need. • The site plan shows a roughly L-shaped building fronting on Silver Bell Road and Cedar Grove Parkway. Underground parking provides 88 stalls, with another 25 stalls in a surface parking lot which is accessed from Alder Lane. A circular drop-off drive is provided to the main entrance, and court yard and patio areas are also provided behind the building for residents' use. • The Cedar Grove Design Review Committee met on June 13, 2003, and reviewed the plans. The Committee believes that the proposal implements the intent of the Cedar Grove District. The Committee generally supported the setback Variance and the parking Variance. The Committee also commented that the building appears to comply with the specific architectural standards of the CGD. • At their regular meeting on June 24, 2003, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permit and Variances and recommended approval, subject to the conditions listed in the APC meeting minutes. ISSUES: While some clarification of the tree inventory and removal plans is still needed, the Forester's preliminary evaluation results in required mitigation of 60 Category B trees. In addition, the Forester recommends revising the plans to preserve the two specimen trees on site, both sycamores, one of which is shown as being removed and the other of which is not expected to survive the construction activity. A satisfactory Tree Mitigation Plan will need to be provided prior to issuance of a building permit. Water Quality remains an outstanding item at this time. City staff is reviewing the role of the storm water pond constructed in conjunction with recent infrastructure improvements in the Cedar Grove area as it relates to this development proposal. ~~ • The APC asked about the impact of the Airport Noise Policy Zones on this development. This site lies within zone 4, and multiple-residential is considered a provisional use in this zone. Therefore, construction standards must incorporate sound attenuation measures to achieve an interior sound level of 45 dBA. ATTACHMENTS (3): June 24, 2003 APC Minutes, pages ~ through Staff report, pages ~ through /~-f tf Correspondence from Doris Dahline, pages ~,~through /i.~ City of Eagan Advisory Planning Commission Meeting Minutes ~~~~~ June 24, 2003 Page 5 D. CONDITIONAL USE PERMIT & VARIANCES -KEYSTONE COMMUNITIES A Conditional Use Permit to allow amulti-family use in a CGD (Cedar Grove District), a Variance to the required parking requirements, and a Variance to exceed the maximum 10-foot front yard building setback, located at Silver Bell Road and Cedar Grove Parkway in the NE'/4 of Section 19. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 19, 2003. She noted the background and history. The applicant's architect, Gary Fischer of Tushie Montgomery Architects, displayed and discussed a color elevation. Chair Huusko opened the public hearing. Doris Dahline 3830 Alder Lane explained that her first letter is now obsolete after reading the Keystone Communities report. She discussed a new letter and distributed copies to the Commission. She expressed concern about the parking variance, suggested a traffic light on Alder Lane at Silver Bell Road and had several questions to clarify information in the report. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Planner Dudziak addressed Ms. Dahlin's concerns. Assistant Engineer John Gorder explained that there are no parking restrictions on Alder Lane. He stated the reconstructed roadway would most likely accommodate parking on both sides. He also indicated that traffic volumes do not warrant a signal light on Alder Lane at Silver Bell Road. Member Gladhill asked if the City has information that assures that one stall per unit would be sufficient. Senior Planner Ridley stated one stall per unit is not a code requirement; however, the policy that the City Council adopted is one sta11 per unit based on the City's previous experience with senior living. Kristi Olson, CEO of Keystone Communities, explained that there would be an average of 6.8 employees on the premises at one time. There will be up to 20 full-time equivalent positions, made up of both part and full-time employees. Chair Huusko inquired about the awnings. Mr. Fischer stated the awnings could be removed from the plan if the Advisory Planning Commission would like. //.G City of Eagan ~~~ Advisory Planning Commission Meeting Minutes June 24, 2003 Page 6 Chair Huusko recommended that the applicant bring better pictures of the awnings to the City Council meeting. Member Miller expressed concern for effects of the airport noise on the residents. Mr. Fischer stated the four stories will be wood framed and the windows would be insulated to assist with noise reduction. Planner Dudziak stated the noise issue would be looked into and reported to the City Council. Member Miller expressed concern for the lack of visitor parking. Ms. Olson stated this development has more parking than their other similar developments. She said it is not a reality that more parking will be needed. Mr. Fischer stated the trash would be removed and the food would be delivered at the overhead door. Member Bendt stated many of the residents would not have a driver's license. He stated he has walked in front of other facilities and there are rarely many cars in the parking lot. He stated he is in agreement with the proposal because the applicant has followed the rules set forth by the City. Member Miller stated concern for the effects of the noise on the residents. Member Steininger moved, Member Miller seconded a motion to approve a Conditional Use Permit to allow a 129-unit senior independent and assisted living facility in a CGD (Cedar Grove District), located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NE '/< of Section 19 subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The landscape plan shall be revised to include plant materials providing a 2-1/2 to 3- 1/2 foot screen between the surface parking and Alder Lane. 4. A photometric plan demonstrating compliance with the minimum lighting standards in the CGD district (average of 2 footcandles and a minimum of %i footcandle in all locations) shall be provided for the interior parking at the time of building permit application. 5. The developer shall provide the colors for the exterior materials to the City to be incorporated into the final plans for the conditional use permit. //7 City of Eagan Advisory Planning Commission Meeting Minutes ~~ June 24, 2003 Page 7 6. All mechanical equipment shall be completed screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. 7. Consistent interior window treatments are required for windows that are visible from a public street or open space. 8. Alder Lane must be improved to City standards. If the developer elects to petition the City to construct the Alder Lane improvement as a public project, the project shall be approved by the City Council prior to final plat approval for this development. 9. Compliance with the Tree Preservation Ordinance will be determined by the City Forester and must be demonstrated prior to issuance of a building permit. 10. The development is subject to a cash dedication for parks and trails at the time of building permit application at the rates then in effect. 77. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 d8A as compared with a noise level of 65 DNL. Member Heyl abstained from voting on this item. All others voted in favor. Motion carried 6-0. Member Steininger moved, Member Bendt seconded a motion to approve a Variance to the minimum parking requirements allowing less than one stall per unit, located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NE'/4 of Section 19. Member Heyl abstained from voting on this item. All others voted in favor. Motion carried 6-0. Member Steininger asked that the City Council seriously consider the next item before approving. Member Steininger moved, Member Leeder seconded a motion to approve a Variance to the maximum 10-foot building setback from a public right-of-way, located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NE '/4 of Section 19. Member Heyl abstained from voting on this item. All others voted in favor. Motion carried 6-0. //8' PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2003 APPLICANT: Keystone Communities of Eagan, LLC CASE: 19-CU-04-OS-03 HEARING DATE: June 24, 2003 PROPERTY OWNER: City of Eagan APPLICATION DATE: June 6, 2003 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak And Variance LOCATION: Southeast corner of Silver Bell Road and Cedar Grove Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST Keystone Communities of Eagan, LLC is requesting approval of a Conditional Use Permit to construct afour-story, 129-unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NW '/4 of Section 20. A Variance to the minimum parking requirements, and a Variance to the maximum building setback are also requested. AUTHORITY FOR REVIEW Conditional Use Permit: 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: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and Code provisions. // 9 Planning Report -Keystone Communities of Eagan, LLC June 24, 2003 Page 2 3. 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. 4. 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. 5. 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. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, 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. Sao Planning Report -Keystone Communities of Eagan, LLC June 24, 2003 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 In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's innate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. Following the Study in October 2001, the City formally created the Cedar Grove Redevelopment Tax Increment Financing (TIF) District, which includes this site. The TIF was certified by Dakota County in December of 2002. The City approved a public improvement project in 2001 to realign the Silver Bell Road intersection with Beau d'Rue Drive (now Cedar Grove Parkway) and Hwy. 13. To accommodate the infrastructure improvements and facilitate redevelopment, the City acquired several properties near the intersection in 2002. Construction on the physical improvements began in 2002, with completion anticipated this year. The City's Comprehensive Guide Plan was amended earlier this year with the approval of the small area plan for Special Area #5 (Cedar Grove). The Cedar Grove Special Area plan was approved by the Metropolitan Council in April 2003 and implemented by the City on May 6, 2003. The City adopted the new Cedar Grove Zoning District ordinance in December 2002 and on June 3, 2003, the City Council approved a rezoning of approximately 96 acres within the Cedar Grove redevelopment area from various zoning districts to CGD, Cedar Grove District. EXISTING CONDITIONS This development site is currently comprised of parcels and remnants of parcels in the Langhoven Addition that previously were occupied by single-family homes. The site boundaries have been affected by the new right-of--way necessary to accommodate the infrastructure improvements. The City of Eagan currently owns the site and is in the process of completing the plat to establish the new right-of--way and consolidate the remnant land into a single development site, for which the City has entered into an agreement with Keystone to purchase. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: /a~ Planning Report -Keystone Communities of Eagan, LLC June 24, 2003 Page 4 Existin Use Zonin Land Use Desi nation North McDonald's restaurant General Business; SA, Special Area and retaiU as. Nei borhood Business South Residential -Vacant and R-1, Residential Single; SA, Special Area Twin Homes R-2, Residential Double East Ballantrae A artments R-4, Residential Multi le HD, Hi Densi West Vacant; warehouse; CGD, Cedar Grove SA, Special Area Cedarvale Lanes; office District and retail EVALUATION OF REQUEST Conditional Use Permit: Proposal -Keystone is proposing to construct afour-story senior apartment building on the subject site. The building contains 129 units - 80 independent living units, 34 assisted living units, and 15 memory care units. The facility will offer a range of services to residents, depending on their need. The applicant's narrative states that a Registered Nurse Administrator will oversee a staff of over 20 full and part-time employees. Three meals plus snacks are prepared on site and offered to all residents. One meal per day is included for all residents in the independent units and scheduled activities are available for residents. The applicant's narrative lists in greater detail the facilities and amenities designed into the project. Compatibility with Surrounding Area -The proposed use is consistent with the Cedar Grove redevelopment plans to establish mixed use commercial and residential developments at higher densities. This is the first redevelopment project in the Cedar Grove District, so it is expected to be different from existing surrounding development and will be establishing a new character for the area. Site PIan -The site plan shows a roughly L-shaped building fronting on Silver Bell Road and Cedar Grove Parkway. Underground parking provides 88 stalls, with another 25 stalls in a surface parking lot which is accessed from Alder Lane to the east. Since the proposed 113 parking stalls are fewer than the City's standard of one per unit for senior buildings, a Variance is required. The site plan accommodates the City's entrance monuments at the Silver Bell Road and Cedar Grove Parkway intersection, maintains parking and other activity behind the building, and appears to be designed with sensitivity to the remaining single-family home southeast of the project. A circular drop-off drive is provided to the main entrance, and court yard and patio areas are also provided behind the building for residents' use. The site plan does show front yard building setbacks in excess of the maximum 10 feet, which requires a Variance. /a~- Planning Report - Keystone.Communities of Eagan, LLC June 24, 2003 Page 5 Landscaping -The landscape plan is acceptable with some modifications. The landscape plan shows solid landscape buffering at the southeast portion of the site adjacent to the existing single-family home. Several shade trees are proposed in the open areas on the east side of the building between the building and parking lot. A variety of deciduous and evergreen shrubs line the walkways on the east side of the building. Along Silver Bell Road, a row of shade trees is proposed, along with a shrub bed to fill in the yard area where the building exceeds the maximum 10-foot setback. The one place where landscaping is lacking is in screening of the surface parking from Alder Lane. The landscape plan should be revised to include plant materials providing a 2-1/2 foot to 3-1/2 foot screen between the surface parking and Alder Lane. The City is installing landscaping improvements at the northwest corner of the property as part of the Cedar Grove gateway streetscaping improvements. The City is also installing boulevard trees along Cedar Grove Parkway adjacent to this development. Li hg tiny -The Cedar Grove District requires downcast cutoff type fixtures and states that no light source maybe more than 20 feet above the ground, except by conditional use permit for buildings more than 24 feet in height. The CGD ordinance specifies minimum and maximum footcandle levels for parking lot areas and at the property perimeter. The site lighting plan appears to satisfy the footcandle standards and maximum levels at the property lines, as well as the standards preventing glare from extending onto the public streets, open spaces or neighboring properties. The site lighting plan shows fixtures mounted on a 22-foot pole. This fixture height is acceptable for this four-story building. The proposed fixtures are cutoff fixtures that are downcast with no tilt. Footcandle levels at all property lines are less than %Z, except at the driveway on Alder Lane where levels are about 1 footcandle. The CGD district requires lighting levels in interior parking areas to average two footcandles with a minimum of/z footcandle in all locations. A photometric plan demonstrating compliance with this standard should be provided for the interior parking garage at the time of building permit application. Building Elevations -The CGD ordinance establishes specific building and architectural provisions for the CGD zoning district. Since this ordinance is new to the Advisory Planning Commission, we have included a copy of this part of the CGD ordinance in the attached exhibits. Primary materials may consist of brick, stone or glass and must cover at least 60% of the building facade. Secondary materials maybe decorative block or integrally colored stucco and may cover up to 30% of the building facade. Accent materials may include door and window frames, lintels, cornices and other minor elements covering no more than 10% of the building facade. The plans appear to satisfy these ratios of different materials. ia3 Planning Report -Keystone Communities of Eagan, LLC June 24, 2003 Pace 6 The proposed building is four stories in height, 53 feet at the highest roof peak, and about 46 feet to the mean roof height. The building facades are offset with recessed and projecting wall segments to provide visual relief. Different architectural materials, a varying roof line, and a few decks also provide visual interest. The primary exterior finish materials are brick and glass. Brick is used on the lower part of the building and windows throughout each fagade. Simulated stone is also used on the building to provide vertical interest. Secondary materials consist of stucco, which is used on the upper portion of the building, and rockface concrete masonry unit which is used at the base of the building. Vinyl shakes are utilized on the upper level of the building to accent the gable roof peaks. The roof is finished with asphalt shingles. All of the building elevations make use of these same finish materials. The developer did not provide a color palette of the exterior materials. The CGD district requires complimentary colors of major materials. The developer should provide the colors for the exterior materials to the City to be incorporated into the final plans for the conditional use permit. The northwest elevation will face the gateway intersection of Silver Bell Road and Cedar Grove Parkway. This elevation includes a simulated stone clock tower and separate chimney. The first level windows on this elevation show a canvas awning. The second level windows also show a projecting roof structure finished with asphalt shingles; a similar canopy structure is shown on the first level of the east elevation. The Design Review Committee commented on the awnings on the northwest elevation that they only appear in this one location on the building and do not seem tied to other architectural features on the building. Perhaps the developer's architect can address this design element during the public hearing. Additional standards -The CGD district establishes the following additional standards which apply to this development: • All mechanical equipment shall be completed screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. • Consistent interior window treatments are required for windows that are visible from a public street or open space. Design Review Committee -The CGD zoning district requires that all development proposal must be reviewed by the Design Review Committee, which is comprised of three members of the Economic Development Commission. The Design Review Committee met on June 13, 2003, to review these development plans. Comments from the Committee included the following: Overall, the Design Review Committee believes that the proposal implements the intent of the Cedar Grove District. The Committee generally supported the setback Variance and commented that the lot configuration constrains development on the site and that the City and developer ia~ Planning Report -Keystone Communities of Eagan, LLC June 24, 2003 worked together to accommodate the gateway feature and strict adherence to the maximum setback standard would detract from that element. The Committee also commented that the building appears to comply with the specific architectural standards of the CGD, however, they mentioned that the awnings on the lower levels of the northwest corner of the building appear to be an additional element not tied to the other architectural features. Regarding the parking Variance, the Committee was not concerned that the site would be underparked, but requested more information about the staff parking needs on the site. Gradin -The site has small variations in topography and generally slopes northwest toward the intersection of Silver Bell Road and Cedar Grove Parkway. Storm Drainage -Storm water runoff from the development will drain via private storm sewer to existing storm sewer systems in Silver Bell Road and Cedar Grove Parkway. Utilities -Existing sanitary sewer and water main stubs of sufficient size and capacity are available at various locations around the site for connection by the development. Streets/ Access/ Circulation -Public street access for the development is proposed to the east of the site onto Alder Lane, a rural section blacktop street within public right-of--way. Alder Lane should be improved to current City urban street standards (improved blacktop, concrete curb & gutter, and storm sewer pipe) as part of this development. The improvement of Alder Lane can be accomplished either privately by the developer or via public improvement project. If the developer elects to petition the City to construct the Alder Lane improvement as a public project, the project should be approved by the City Council prior to final plat approval for this development. Wetlands/Water Quality - As part of the public improvement project to realign the Silver Bell Road and Hwy. 13 intersection, the City also constructed a storm and water quality pond for the general area. Staff is reviewing the role of this community pond in relation to this development proposal. Tree Preservation -The developer provided a Tree Preservation Plan, however, a detailed review of the plan by City Forestry staff had not been completed at the time of this report. The development is subject to the City's Tree Preservation Ordinance. Any removal of significant trees in excess of the allowable amount will need to be mitigated in accordance with the provisions in the City Code. Compliance with the Tree Preservation Ordinance will be determined by the City Forester and must be demonstrated prior to issuance of a building permit. Parks and Recreation -This project will be subject to a cash dedication for parks and trails at the time of building permit application, at the rates then in effect. The 2003 rates for multiple residential are $1,486 per unit for parks and $192 per unit for trails. /as Planning Report -Keystone Communities of Eagan, LLC June 24, 2003 Paae 8 Variances: Parking -The City Code establishes a standard of two stalls per unit for multiple dwellings. However, in senior and assisted living apartments, a standard of one stall per unit has been applied. Our experience shows that one stall per unit is sufficient to provide for resident, staff and visitor parking at such facilities and we have not had problems with such developments being underparked. The proposed building has 129 units and provides 113 parking stalls (88 underground and 25 surface stalls). The applicant's narrative states that up to 20 full- and part-time employees will staff the facility. Tn addition, the narrative states that none of the 49 assisted or memory care residents will have vehicles, leaving residents in 80 independent units who will have only one vehicle each. Given these figures, 80 of the 88 underground stalls maybe used for resident parking, and 8 underground and 25 surface stalls would be available for staff and visitors. The Design Review Committee was comfortable with the parking provisions and supports this Variance request. Setbacks -The CGD zoning district requires that 85% of the street frontage of any lot shall be occupied by building facades meeting a front setback of between zero and ten feet on at least the f rst and second floors. A maximum of 15% of the street frontage of any lot maybe occupied by off-street parking. Minimum side yard and rear yard setbacks are zero feet and 20 feet respectively; no maximum setbacks are specified for side and rear yards. The establishment of the 0-10 foot front yard setback is intended to create streetscapes flanked by buildings and storefronts rather than expanses of yards and parking. The developer has indicated that the concrete entrance monument that the City has installed on this site at the corner Silver Bell Road and Cedar Grove Parkway interfere with their ability to shift the building to the northwest to better meet the 0-10 foot setback requirement. In addition, staff notes that the north and west property lines are curved such that the straight building walls meet the setback requirements at some points, but not along the full length of the facades. Neither of the conditions affecting the property are of the developer's making. Overall, the developer appears to have accommodated these conditions to the best of their ability. The Variance to allow setbacks in excess of 10 feet does not appear to detract from the character of the CGD and intent of the code in this development. SUMMARY/CONCLUSION In summary, Keystone Communities of Eagan, LLC is requesting approval of a Conditional Use Permit to construct afour-story, 129-unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast corner of Silver Bell Road and Cedar Grove Parkway. The proposal includes a Variance to the minimum parking requirements of one stall per unit, and a Variance to the maximum front yard building setback of 10 feet ia6 Planning Report -Keystone Communities of Eagan, LLC June 24, 2003 Page 9 This is the first redevelopment project in the Cedar Grove District, so it is expected to be different from existing surrounding development and will be establishing a new character for the area. The plans appear to satisfy the specific design standards of the CGD zoning district. The Design Review Committee has reviewed the plans and found them to be satisfactory. The Design Review committee also supports the two Variance requests. Remaining issues will be satisfied prior to issuance of a building permit: compliance with the Tree Preservation Ordinance; platting of the property; storm and water quality ponding; and colors of the exterior building materials. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to construct afour-story, 129-unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NW '/4 of Section 20. 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The landscape plan shall be revised to include plant materials providing a 2-1/2 to 3-1/2 foot screen between the surface parking and Alder Lane. 4. A photometric plan demonstrating compliance with the minimum lighting standards in the CGD district (average of 2 footcandles and a minimum of %Z footcandle in all locations) shall be provided for the interior parking at the time of building permit application. 5. The developer shall provide the colors for the exterior materials to the City to be incorporated into the final plans for the conditional use permit. 6. All mechanical equipment shall be completed screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. 7. Consistent interior window treatments are required for windows that are visible from a public street or open space. 8. If the developer elects to petition the City to construct the Alder Lane improvement as a public project, the project shall be approved by the City Council prior to final plat approval for this development. 9. Compliance with the Tree Preservation Ordinance will be determined by the City Forester and must be demonstrated prior to issuance of a building permit. /a ~ Planning Report -Keystone Communities of Eagan, LLC June 24, 2003 Page 10 10. The development is subject to a cash dedication for parks and trails at the time of building permit application at the rates then in effect. To recommend approval of a Variance to the minimum parking requirements allowing less than one stall per unit. To recommend approval of a Variance to the maximum 10-foot building setback from a public right-of--way. ~a g FINANCIAL OBLIGATION-I9-CU-04-05-03 Keystone Communities Lots 1, 2, 3, 4, 5, 6 and 10 Langhoven Addition There are pay-off balances of special assessments totaling $-0- on the parcels proposed for conditional use. At this time, there are pending assessments in the amount of $84,596 on the parcel proposed for the conditional use. These pending assessments are related to the reconstruction of Cedar Grove Parkway and Silver Bell Road in the Cedar Grove District of the City. 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 conditional use. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total /a 9 i a ~d ~ ®®®® ~ I EI' ~e ~~ 0 1000 2000 Feet 7000 DevelopmentlDeveloper: Keystone Communities Application: Conditional Use Per Case No.: 19-CU-04-05-03 /~~ N Map Prepared using ERSI AreView 3.1. Parcel twss aap data provided by Dakota County Olfiee d GIS and is eurt.nt a of February 2003. W E ~~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY S city of eoga~ The City or Eagan and Dskota County do not guarantor tho accuracy of this informatlon and are romnwrity pwsloprnsM WWrta-^~ not reaponsiblo for errors w omissions. Eagan Boundary Map St~t Canter,ina Location ~ Pa~~ Area Building Footprint Current Zoning and Comprehensive Guide Plan Keystone Communities Land Use Map Case No. 19-CU-0405-03 Zoning Map Current Zoning: CGD Cedar Grove District 000 0 000 1300 F..t A PD s~ y+° ~®m * ~ ~ ~` ~ ~°s~ 00 4< PD CGD R-4 cc CGD GD D R-4 CG r6 G CGD Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area 600 0 600 7300 Fwl IND A~ Q ro• `~, ®m S at SA SA ND HD MD S P SA P QP r Pre.l tits. map M y Dakota County Lend Svv.y D.paRm.~t S.pt.mMr 2002 N 2onM0 Mbmatkn malMaMd by City Staff. City of Eagan W E ~~ TNIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Departrnent The City of Eagan and Dakota Cotrtty do not guarantee the acetFraey of this IMormation. S W }ul ' yy KF- .:i ~W ~ oN~sro~~ ~oiN~s Ne~v ~~~_ ~7: NV k.x_." '~~ t. f-~< ~~~ g~ F ~ 1 fI " ~p I O ~ r. ~~ ~- o. II e-~'QI ~~~ R ~~~°I ~~~~~ es / .. g ~~+ _. 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P ~ .. e P p .. ~ ' .. .. .. .~ ., .~ ., a P ., a ., P .. ; ~= ~ ,~ la ~ p ., _ e ~_ I o _ .. ~ + ~ ~ .. _ ~ w ., ., ., ., .. ., .. ., 1 ,. a~ ~ PI p ~ ~ I. '~ l i A .. _ tt°° r~ I I i~ fi i I P ~ 1 P ~ a '; `~ ~ AI I <~ _ ~ _~+f ; F- F~ ~_ H__ r ~~~ ~; ~~ b~~ ~ ~~~~~~~ ~ ~ o o l'lll l i l~i~~l ~ € ~ F a ~ F ~~~~~~ ~~ g ~ $ /~ QI ttt ftl~fn Cr rI/A T~llu~+ g¢~ ~ ~ t ~-~ , : x r r + r r r ;~ r r r ± r ± r r r ,~ ';G e ,~Z o - ; ~ ' I `Bi 81 N - ~ f le ~ j ^ D -+ ~ ~ Rl ill :: :, ;,; 8' ~~,. ~ ~.~ ~ ~\ i I I I I F"~ ~ ~~ ~~ a ~ ~ ` ~ ~ ~ ~) ~ ~ ~~ ~ rllw-rln-l f~ ~~~ ~~~ UIJILlJ11~\J L.. a. ~-o.~..v.~v aS~~N '; ~~ xyy KEYSTONE COMMUNITIES of ;~~ ~~x EAGAN l~. EAGAN. MINNESOTA s;f~ ~~- ~~~wK~ P g~ ~ ~ ~, ~ ~ ~~ FF C C~7J >~rr,Gu ~~c~u~ ~ s~-a n c~ ~ rc,/S J. Building and Architectural Provisions. 1. All buildings shall be designed to accomplish the goals and policies of the Comprehensive Plan and the principles of the Cedar Grave Design Framework. Building materials shall be attractive in appearance, durable with a permanent finish, and of a quality that is consistent with the standards and intent of the Design Framework. Where appropriate, buildings shall use reasonably similar materials and colors of adjacent buildings, with the exception of prohibited materials. 2. All buildings shall include the following elements: a. accent materials shall be provided and all sides of a building shall be treated as a front side; b. buildings containing office and retail uses shall maintain 40% minimum window coverage on each first floor front that faces a street or public open space; c. complimentary major material colors; d. a combination of vertical and horizontal pattern designs in the building facade. 3. Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed fifty (50) feet in length without significant visual relief consisting of one or more of the following: a. the facade shall be divided architecturally by means of significantly different materials or textures, or b. horizontal offsets of at least four (4) feet in depth, or c. vertical offsets in the roof line of at least four (4) feet, or ~~/ City of Eagan Zoning Regulations ~` Cedar Grove District Adopted December 2002, modified January 2003 page 11 /a . d. fenestration at the first floor level that is recessed horizontally at least one (1) foot into the facade. 4. Building facades shall be divided into similar bays of roughly equal width between 20 (twenty) and 40 (forty) feet in width. 5. Exterior building materials shall be classified primary, secondary, or accent materials. Primary materials shall cover at least sixty percent (b0%) of the facade of a building. Secondary materials may cover no more than thirty percent (30%) of the facade. Accent materials may include door and window frames, lintels, cornices, and other minor elements, and may cover no more than ten percent (10%) of the facade. Allowable materials are as follows: a. Primary exterior building materials may be brick, stone, or glass. Painted brick or bronze-tinted or mirror glass are prohibited as exterior materials. b. Secondary exterior building materials may be decorative block or integrally-colored stucco. c. Synthetic stucco may be permitted as a secondary material on upper floors only. d. Accent materials may be wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage. e. All primary and secondary materials shall be integrally colored. f. Decorative block shall be colored only by means of a pigment integral to the block material, not applied to the surface. g. Sheet metal, corrugated metal, asbestos, iron, shakes, and plain flat concrete block (whether painted or integrally colored or not) are not acceptable as exterior wall materials on buildings within the Cedar Grove District. City of Eagan Zoning Regulations Cedar Grove District Adopted December odified January 2003 page 12 ~~ WRITTEN NARRATIVE KEYSTONE COMMUNITIES OF EAGAN, LLC PROPOSED SENIOR COMMUNITY Proposed Project Description Keystone Communities of Eagan, LLC is proposing a senior rental community at the southeast corner of Silver Bell Road and Cedar Grove Pazkway within the Cedar Grove Redevelopment Area. The four-story, 129-unit project will offer the following: • 80 Apartments for Independent Living (limited services) • 34 Apartments for Assisted Living (full services) • 15 Apartments for Alzheimer's and Related Dementia (special services) The concept, design and service program available at the community allows residents to mature in place, accepting services as needed without the disruption of moving. A Registered Nurse Administrator will oversee a staff of over 20 full and part-time employees. After an initial consultation, the RN nurse determines the appropriate level of care and draws up a service plan for each assisted living/Alzheimer's resident. Three meals plus snacks aze prepazed on site and offered to all residents. One meal per.day is included for all Independent residents. Scheduled activities aze available for residents. Common Areas available for resident use include: • Covered Front Porch • Two-story Main Lobby • Memory Care Lobby • Independent & Assisted Living Dining Room • Memory Care Dining Room • Living Room -first floor • Ice Cream /Cafe -first floor • Craft Room -first floor • Memory Caze Family Room -first floor • Billiards Room -second floor • Reading Room -second floor • Beauty Salon -third floor • Reading Room -third floor • Reading Room -fourth floor The building has two elevators. The staff break room and the resident workshop are located on the lower level. /~F3 WRITTEN NARRATIVE KEYSTONE COMMUNITIES OF EAGAN, LLC PROPOSED SENIOR COMMUNITY TimelineJPhasing The project will be completed in one phase. The projected approval and development timeline: CUP Application Submittal: May 21, 2003 City Staff & Development Team Meeting: May 28, 2003 Planning Commission Consideration: June 24, 2003 City Council Consideration: July 1, 2003 Final CUP Approval: July 15, 2003 Building Pennit/Construction Start: July 16, 2003 Construction Complete/Certificate of Occupancy: July 30, 2004 Project Stabilization: July 30, 2005 Variance Underground parking provides 88 stalls. Surface pazking provides 25 stalls. Total parking of 113 stalls requires a variance by the City. Parking should not be an issue at the building: None of the 49 Assisted Living /Alzheimer's residents will have vehicles and most of the Independent-Living residents will have only one. Comprehensive Guide Plan The Comprehensive Guide Plan Designation is "Special Area." Zoning The zoning classification is Cedaz Grove District ("CDG"). Platting Final Plat is the responsibility of City. Per discussions with City Staff, final plat will not delay a final approval/building permit issuance date of mid July, 2003. Existing Land Use The 2.34-acre site is currently clear of all improvements except concrete pillazs erected by the City as part of the CGD street improvements plan. Surrounding Land Use North: McDonald's restaurant; strip retail with gas pumps. East: Multi-family apartments; Single family housing South: Single family housing; Multi-family apartments West: All American Recreation warehouse building; bowling alley; other free-standing office and retail buildings 2 /l~~ PLANNING REPORT -Keystone Communities, June24, 2003 INTENT: To state additional facts and findings to the comments of the Design Review Committee's recommendations to approve a Conditional Use Permit, a Vaziance to the minimum parking requirement and the a Variance to the maximum building setback. + Conditional Use Permit * Build on 2.34 acres * Actual available for building footprint is 1.94 acres after entry and drive-azound. * My lot is'/2 acre * The 61ots were 2.85 acres before roadway, trail way; City's entrance monuments and transformer boxes. Question -When will the new plat showing consolidation of the remnant land be completed? + There is no mention that Alder Lane is a dead-end on one end, and comes into a "T" at Silver Bell Road, on the other end. * This could impact both requested Variances: Question - Is there a City ordinance for no or limited parking on a dead-end road because of emergency vehicles and safety reasons? #1 By allowing a Variance to the minimum parking requirement, people will want or need to park on Alder Lane. * Alder Lane is 375 feet long. * Per CGD: Parking shall be prohibited within fifty (50) feet of the intersection of any public street ~~~ithin the Cedar Grove District. #2 -All vehicles entering Alder Lane must also exit via Alder Lane at the "T" and onto the new curved realignment of Silver Bell Road. To enter Silver Bell today is dangerous, you can barely see azound the diagonal cut. Adding afour-story building to the corner «Till make it worse, but also allowing a Variance to the maximum building setback creates a blind crossing. I suggest an application for a traf~'ic light on Alder Lane in that event. + VARIANCE to the minimum parking requirements * The Committee requested more information about the staffpazking needs on the site, but on page 10, they recommend approval of a Variance to the minimum parking requirements allowing less than one stall per unit. + Keystone Report, page 8, Pazking * It appears "UP TO 20" full and part time employees vas part of the equation, but OVER 20 and MOST of the Independent-Living residents «rill have only one stall. Question -How many more employees over 20 and ho«~ many Independent- Living residents will have two stalls? * To say NONE (no parking stalls) for the 49 Assisted or Memory-Care residents is inappropriate -they could have a constant flow of family and friends. [When my sister was at the Walker Methodist facility; the three of us took up " 3" parking spaces almost daily]. * Even with your experience that shows one stall per unit is sufficient to proti~ide for residents, staff and visitor parking -the requested variance of 16 stalls short does not fulfill the scenario you have experience with. Perhaps the Figures aze: 40 staff 88Independent-Living 50 Assisted/Memory-Care guests 178 Question - Is 178 more accurate than 113? * Now the developer is 49 short of the real need. Keystone Report; page 4, PROPOSAL: Applicant states that a Registered Nurse Administrator will oversee a staff of OVER 20. SITE PLAN: Regarding parking, states that 113 pazking stall are 16 stalls short of the one per unit requirement. +VARIAATCE to the maximum building setback *The Committee generally supports the setback Vaziance. On page 7, they want "strict adherence to the maximum setback standard" so as not to detract from the sateway feature, but on page 10, they recommend approval of a Variance to the maximum 10 $ building setback from a public right-of-~~~ay. + Keystone Report, page 2 Variance: * b, The literal interpretation of the provisions of this Code jThe CGD zoning district] v~~ould deprive the applicant property use, etc. And - c, "That special conditions or circumstances do not result from actions of the applicant." * Page 8, "Neither of the conditions affecting the propertyy are of the developer's making". (gate-way features and the cun~e of the realignment of Silver Bell) * My continent -The hardship is not the plat size or shape. The hardship is trying to put too much on too little. The plat size and shape is a given and has been kno«~n for a long time. The footprint as designed is too large, so variances are needed to make it fit. Modify the footprint to fit the site -not modify the CGD standards v~rith variances to fit the footprint. ~ ~~ Note page 9 -3, Action to be Considered + The landscape plan shall be re~~ised to include plant materials pro~~iding a 2-1/2 to 3-1/2 foot screen between the surface parking and Alder Lane. * The Zoning Ordinance had such screens at 3 foot minimum in height and 75 percent in opacity. Has this changed? + There is no mention of Airport Noise Considerations. Ibelieve the noise policy contours places this site ~~vithin Noise Exposure Zone 4. + Per Cedar Grove Zoning District ordinance adopted June 3, ?003 * D. CONDITIONAL USES: Within the CGD; no structure may be used for the following uses except by conditional use permit. * D-6, Buildings in excess of 50 feet in height require a variance request. Question - [Ke}'stone Report - page6 Roof peak 53 feet] Which of the 10 Elevation Drawings (pg10 & 11) have 53 foot roof peaks? Question - Is a VARIANCE to the maximum height limitation required? + Keystone Report, page 9 Sununary/Conclusion * "This is the first redevelopment project in the Cedar Grove District" * Because it is "The First" v~~ill you be setting a precedent if you allow parking; setbacks and height variances to occur the first time a developer comes before you. Will you be telling future developers that the Cedar Grove Zoning District standards just approved in June ?003, really have no merit? + COMPHEHENSIVE GUIDE PLAN -General Special Area Policies * The development re~~iew process is to ensure the enforcement of specific zoning standards. Tell of Greg's Lake place SOft setback. ~S' ~ Agenda Information Memo July 1, 2003, Eagan City Council Meeting E. FOUR CONDITIONAL USE PERMITS - COEN DEVELOPMENT GROUP LLC. ACTIONS TO BE CONSIDERED: To approve four Conditional Use Permits to allow a convenience store, gasoline sales, a carwash and a pylon sign on Lot 6, Block 1, Diffley Plaza; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • The applicant is proposing to construct two freestanding buildings and one gas pump canopy. There will be eight pumps available. • Access to the site is via Diffley Road with a right in right out and there are two other access points along the south side of the lot. • The proposal is in compliance with all the Neighborhood Business standards except the green space requirement. • The proposed building materials are rock face concrete block around the base; EIFS is on the rest of the building. The buildings have a natural color scheme with distinctive canopy entrances; overall the building is attractive in design. • The applicant held a neighborhood meeting on June 18, 2003 and no one from the neighborhood was present. • The Advisory Planning Commission held a public hearing on June 24, 2003, and is recommending approval; subject to the conditions in the APC minutes. ISSUES There was discussion on whether or not this property has Interstate frontage. If it is determined they do have Interstate frontage then they would be allowed a monument type sign in addition to the Pylon sign. Some APC members had difficulty approving a pylon sign without clarification of the Interstate frontage. The lighting for the canopy seems excessive and should be modified to be more consistent with typical convenience gas operation within the City of Eagan. The green space is proposed at 28.5% the city code requires 30%, additional green space should be added. ATTACHMENTS (2): Advisory Planning Commission Minutes age(s) ~q~-- ~ ~ f/ Planning Staff Report pages~,~hrougl ~{ 8' City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 Page 8 E. THREE CONDITIONAL USE PERMITS - COEN DEVELOPMENT GROUP LLC Conditional Use Permits to construct a convenience store with gasoline, a carwash and a pylon sign on Lot 6, Block 1, Diffley Plaza, located on the south side of Diffley Road, west of Johnny Cake Ridge Road and east of I-35E in the NE'/4 of Section 28. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated June 17, 2003. She noted the background and history and clarified that four Conditional Use Permits were requested. O'Bryan also stated that the City received one letter of objection and one letter containing input from neighboring residents. Applicant Jim Coen discussed his history with the convenience store business. He described the proposed car wash. He stated an employee would be at the entrance to prepare the car to be pulled through the car wash. He stated the dryer is efficient, and the door will remain closed while in use. Chair Huusko opened the public hearing. Three residents spoke of the following concerns: gas station in this area, large vehicles, litter occurring from commercial developments, protection and buffering of the neighborhoods, and increase in traffic and the traffic patterns. The residents recommended that the lighting be researched to protect the surrounding neighborhood. They asked if the signage would be illuminated and asked that more green space be considered. 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 planned traffic routes. Planner O'Bryan stated the applicant is not asking to exceed the allowed height of the pylon sign. She also stated that the applicant is planning on illuminating the sign, which is also allowed by City code. Mr. Coen stated the facility is not planned to be open 24 hours per day, however it depends on the rest of the development. He stated the facility would be well screened from all angles, except Diffley Road. Member Gladhill asked if the car wash would have different hours than the facility. Mr. Coen stated the car wash would not be open 24 hours per day. He stated he would not be opposed to the car wash closing at 10:00 p.m. He stated the edge of the canopy will have a small amount of lighting, but it will not be internally illuminated. /4 9 City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 Page 9 Member Bendt asked if restrictions are placed on other car washes in regard to hours of operations. City Attorney Bob Bauer stated reasonable restrictions can be placed on the car wash with this application because it is a Conditional Use Permit. Senior Planner Ridley stated the Town Center car wash has limited hours of operation. Member Gladhill expressed concern for the lighting on the facility. Member Heyl moved, Member Bendt seconded a motion to approve Conditional Use Permits to construct a convenience store on Lot 6, Block 1, Diffley Plaza, located on the south'side of Diffley Road, west of Johnny Cake Ridge Road and east of I-35E in the NE '/4 of Section 28 subject to the following conditions: The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. No goods offered for sale on a motor fuel station site shall be stored, sold or displayed outside a building. 3. The 30% green space requirement shall be met. 4. Cash park and trails dedication are due prior to issuance of a building permit. All voted in favor. Motion carried 7-0. Member Heyl moved, Member Leeder seconded a motion to approve a Conditional Use Permit to allow motor fuel sales on site on Lot 6, Block 1, Diffley Plaza located in the southwest corner of Diffley Road and Johnny Cake Ridge Road subject to the following conditions as amended: The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Canopy lighting shall be reduced as stated in the staff report. 3. Staff approves the name brand canopy lighting. All voted in favor. Motion carried 7-0. Member Heyl stated she is not in favor of restricting the hours of the car wash. ~~ City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 Page 10 Member Heyl moved, Member Bendt seconded a motion to approve a Conditional Use Permit to allow a carwash facility on Lot 6, Block 1, Diffley Plaza located in the southwest corner of Diffley Road and Johnny Cake Ridge Road subject to the following conditions: The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Entry and exit doors shall be closed during wash/dry cycles. 3. Lighting shall have no direct source visible from the public right-of-way or adjacent land. A vote was taken. Aye: Chair Huusko, Heyl, Hansen, Bendt, and Steininger. Nay: Gladhill, and Miller. Motion carried 5-2. Member Gladhill suggested that this item be continued. Member Heyl moved, Member Bendt seconded a motion to approve a Conditional Use Permit to allow a Pylon Sign on Lot 6, Block 1, Diffley Plaza located in the southwest corner of Diffley Road and Johnny Cake Ridge Road subject to the following conditions: The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. A vote was taken. Aye: Chair Huusko, Heyl, Hansen, Bendt, and Miller. Nay: Steininger, and Gladhill. Motion carried 5-2. Senior Planner Ridley stated the monument sign should be stricken from the site plan. /S/ PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2003 APPLICANT: Jim Coen PROPERTY OWNER: Jane Astleford REQUEST: Conditional Use Permits CASE: 28-CU-OS-OS-03 28-CU-06-OS-03 28-CU-07-OS-03 HEARING DATE: June 24, 2003 APPLICATION DATE: May 21, 2003 PREPARED BY: Sheila O'Bryan LOCATION: Lot 6, Block 1, Diffley Plaza COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval for four Conditional Use Permits to allow a convenience store, gasoline sales, a carwash, and a Pylon sign. The proposal is located on Lot 6, Block 1, Diffley Plaza in the Southwest corner of Diffley Road and Johnny Cake Ridge Road. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. isa Planning Report -Coen CUP June 24, 2003 Paee 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions. states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY In 1999, a proposal for this area was presented to the Advisory Planning Commission and the City Council. The request was for a Comprehensive Guide Plan Amendment, Preliminary Subdivision and Preliminary Planned Development. The Comprehensive Guide Plan Amendment request was to change the Comp Plan from D-I Single Family Residential, D-III Mixed Residential and RB, Roadside Business to Retail Commercial. The Preliminary Subdivision request was to create seven retail commercial lots. The Planned Development request was to allow more flexibility in the development. Many letters of objection were submitted regarding the proposed development; there were few letters of support. The proposal was heard before the Advisory Planning Commission and continued a couple times to address neighborhood concerns and APC concerns. The applicant was heard before the City Council in December 1996 which then referred the applicant back to the APC. The applicant withdrew this request. The property is currently zoned NB, Neighborhood Business, this change was initiated with the City wide zoning map update; adopted on September 17, 2002. The current Comprehensive Plan Designation is RC, Retail Commercial; this change was made part of the Guide Plan update; adopted on February 20, 2001. In October 2002, an application for Preliminary Subdivision approval was submitted. This proposal was to subdivide the subject property into seven lots, development was not proposed at this time. The Preliminary Subdivision was approved and the Final Subdivision was approved in June 2003. i~ Planning Report -Coen CUP June 24, 2003 Page 3 EXISTING CONDITIONS The proposed development is for Lot 6, Block 1, Diffley Plaza. There are seven lots within Diffley Plaza subdivision and all are vacant at this time. The site contains significant topography and mature vegetation. The subject site is accessed from the north via Diffley Road and to the east and south via the private service road, provided by easement. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Single-family PD, Planned LD, Low Density residential Develo ment district 0-4 units/acre South Vacant -Lot 4 Diffley NB, Neighborhood RC, Retail Plaza Business Commercial East Vacant -Lot 7 Diffley NB, Neighborhood RC, Retail Plaza Business Commercial West Vacant -Lot 4 NB, Neighborhood NB, Neighborhood Business Business EVALUATION OF REQUEST Compatibility with Surrounding Area -Neighborhood Business districts are small business azeas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. The subject site is bounded on the north by single family residential uses, on the east by undeveloped land zoned Neighborhood Business and on the west by the I-35Erfght-of--way. Convenience stores, gasoline sales, carwashes and Pylon signs are all conditional uses within the NB zone. These uses appear to be compatible with the surrounding uses based on the zoning designation and the Comprehensive Land Use Plan Designation. Site Plan -The applicant is proposing to construct two freestanding buildings and one gas pump canopy. The proposed convenience store is 3,994 square feet; the proposed detached carwash is 3,080 square feet. The site plan indicates stacking space for six cars; this is the minimum the code requires. The proposed canopy for the pump island is 4,320 squaze feet, eight pumps aze proposed. There is a vacuum island on the southeast side of the lot. Access to the site is via /54~ Planning Report -Coen CUP June 24, 2003 Paee 4 Diffley Road with a right in right out turn. There are two access points along the south side of the lot. Building Coverage -The Zoning Ordinance permits a maximum of 20 percent of the lot to be covered with buildings. The site plan indicates that the building coverage is proposed to be 10.7 percent of the property area, not including the canopy. When calculating the canopy as part of the building coverage, the lot is about I7% covered with buildings. Green Space -The Zoning Ordinance requires a minimum of 30 percent of a lot to be green space in the Neighborhood Business district. The site plan indicates the site coverage is 28.5 percent of the lot area. Additional green space should be added. Building Setbacks -According to the site plan, the required minimum front yard setback of 30 feet, side yard setback of 10 feet, and the rear yard setback of 20 feet are met. Parking Setbacks -. According to the site plan, the required minimum 20 foot parking setback from a front property line and the minimum 5 foot side and rear setback are met. Buildin Hg eight - Within the NB Zoning District, building height is limited to 20 feet. The proposed convenience store is 16 feet in height and the carwash is 15 feet in height. Building Materials -The proposed convenience store and carwash exterior building materials are rock face concrete block around the base; EIFS is on the rest of the building. The south and east elevation of the convenience store show a metal canopy at the entrances which are illuminated with neon strips. The color rendering depicts neutral colors. The design of the convenience store and carwash is not that of a typical convenience gas station. For Commercial development the Zoning Ordinance requires all exterior vertical surfaces to be treated as a front and have an equally attractive or same fascia. The convenience store and carwash appear to meet this requirement. Landscaping -The Landscape Plan is adequate. Plantings along Diffley Road for screening purposes include Black Hills Spruce, Spring Snow Crab and some ornamental plantings. The irrigation system shall comply with the requirements listed in the Landscaping Ordinance. Parking -The Zoning Ordinance requires at least one off-street parking space for each two hundred square feet of floor area of convenience store space. The proposed convenience store is about 3,994 square feet which would require 20 parking stalls; the site plan indicates 24 parking stalls are provided. Si a e - A pylon sign requires a Conditional Use Permit; the applicant is proposing a pylon sign on the northwest corner of the lot, nearest to Interstate 35E. According to the Sign Ordinance, any business that acquires a permit to erect a pylon sign for freeway identification maybe allowed an additional freestanding ground sign to be located on the side of the property /s" s'- Planning Report -Coen CUP June 24, 2003 Page 5 opposite the freeway. The pylon sign shall not be more than 27 feet above lot level and shall not exceed 125 squaze feet in area per side. The proposed sign is 118.78 square feet and 27 feet in height. The pylon sign is located 10 feet from the property line meeting standard Sign Code requirements. The applicant shall apply for applicable sign permits when necessary. All signs are subject to the City's Sign Ordinance. Li tin -The lighting plan indicates there will be 10 area Lights onsite. The plans indicate the lights are going to be mounted on 16 foot poles with a "Lynx" style pole mount. The "Lynx" mount is styled to give maximum forwazd throw with a minimum of backlight with 400 watts Single Metal Halogen (SMH). The lighting source in this model is slightly tilted. After review staff has determined that the "Citation" style pole mount is preferred. The "Citation" has forward-throw optics and shard house side cut-off that is excellent for lighting a perimeter area. This model is similar to the "shoebox" lighting that is typical for parking lots. The lighting proposed for the canopy is the "Civic" model; this lighting style is recessed into the canopy deck to give it a clean appearance without limiting the light. The site plan indicates there are 40 fixtures proposed for the canopy with 400 Watt Metal Halogen (MH). This lighting style is preferred; however, the number of fixtures and illumination maybe excessive. The highest foot candle for the canopy is 141.9 and the lowest is 35.7. The overall average for the site is 20.4 foot candles. For comparison purposes the lighting at the Holiday gas station, located at Diffley and Lexington, was reviewed. The canopy at that Holiday station has 24 recessed fixtures. The highest foot candles for this canopy aze 44 and the lowest is 34. The Diffley Plaza proposal has foot candles at least 10 times greater than this. Staff suggests reducing the number of canopy fixtures to alleviate the high foot candle readings and bring the canopy lighting more in line with a typical convenience gas operations. Trash Enclosure -Within the NB zoning district trash enclosures are required to be attached to the principal building constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity. The site plan indicates the trash enclosure will be attached to the carwash. This appears to be an appropriate location for the trash enclosure based on the site layout and aesthetics of the buildings. Tree Preservation -Any tree preservation issues will be addressed with the building permit. Parks and Recreation -This development is subject to a cash park dedication and cash trails dedication. Neighborhood Meeting -The applicant conducted a neighborhood meeting/open house on June 18, 2003. The applicant mailed notices to the effected neighbors within 350 feet of the proposed development informing them of the meeting. No one from the neighborhood was present at the meeting. SUMMARY/CONCLUSION /S6 Planning Report -Coen CUP June 24, 2003 Page 6 The applicant is requesting four Conditional Use Permits to allow a convenience store, gasoline sales, a carwash and a Pylon sign. The convenience store is about 3,994 square feet and the car wash is about 3,080 square feet. The architectural design of the proposed buildings is not that of typical convenience gas stations or commercial car washes. The building has a natural color scheme with distinctive canopy entrances. The entrances have columns that have neon lighting down the center that represent an inviting feeling. Overall the building is attractive in design. This proposal is in compliance with all the Neighborhood Business standards except for the green space requirement of 30% the site plan indicates 28.5% additional landscaping or sod on the islands around the building has a possibility of making up the difference. The Lighting Plan raises some concern with staff due to the proposed lighting levels for the canopy. Staff recommends modifying the lighting levels to be more consistent with typical convenience gas operations in the City. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a convenience store on Lot 6, Block 1, Diffley Plaza located in the southwest corner of Diffley Road and Johnny Cake Ridge Road; subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. No goods offered for sale on a motor fuel station site shall be stored, sold or displayed outside a building. 3. The 30% green space requirement shall be met. 4. Cash park and trails dedication are due prior to issuance of a building permit. To recommend approval of a Conditional Use Permit to allow motor fuel sales on site on Lot 6, Block 1, Diffley Plaza located in the southwest corner of Diffley Road and Johnny Cake Ridge Road; subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Canopy lighting shall be reduced as stated in the staff report. To recommend approval of a Conditional Use Permit to allow a carwash facility on Lot 6, Block 1, Diffley Plaza located in the southwest corner of Diffley Road and Johnny Cake Ridge Road; subject to the following conditions: /S 7 Planning Report -Coen CUP June 24, 2003 Page 7 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Entry and exit doors shall be closed during wash/dry cycles. 3. Lighting shall have no direct source visible from the publicright-of--way or adjacent land. To recommend approval of a Conditional Use Permit to allow a Pylon Sign on Lot 6, Block 1, Diffley Plaza located in the southwest corner of Diffley Road and Johnny Cake Ridge Road; subject to the conditions listed in the staff report. 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. /S&' FINANCIAL OBLIGATION-28-CU-05-OS-03 and 28-CU-06-05-03, Lot 6, Block 1, Diffley Plaza, There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount $110,719 related to the development contract for Diffley Plaza. This lot will receive its pro-rata share of the previously mentioned amount. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The chazges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT None Total USE RATE QUANTITY AMOUNT is9 a lagan boundary Location Map /~ / L~.~`, St-aat Gantarlin~ PareolAraa Euiiding Footprint :-~-, III ~ 1 /_t ~ ~~~ ~ i v ~. I 1000 0 _ 1000 2000 Feet ~~~~ Development/Developer: Coen Development Group Application: Conditional Use Per S Case No.: 28-CU-05-05-03 /f u Map Prepared using ERSI NcVlew ].t. Parch base map data provldad by Dakota County Ofllce d GIS and is currant as of February 1001 µr E THIS MAP IS INTENDED FOR REFERENCE USE ONLY city of eac]an 7tio City of Eagan and Dakota County do not guaranta• the accuracy of this information and are S -„~ ...eenaibia fer anon or omlaalona. fi ~ ' 7 )~'•l ~,~ ~~ ~~m ~ ~ s ~ ~~ 9/ ~~ '' ~'e ~t~!~f~ ~j ~~ ~ O b 1 3 W 3 H 1 ~ i ~ ` ~ ~ ~ ~~ ~~~ ~~t~~l~ ~ ~;i~ luawdo~anap pasodo~d ~i j ~ ~ ~ ~ ~- L' Z a `W r ee ~~ Y i W e q Y O ~ O Y O + ~ -`~1 W ~ ti t- q s~ ~. ~!. 4~~ ;' t,s ~,,~~ sI% g»p °~``EE et '~~ ~~ ~- ~ ~ ~~ ~. ife~ ~ ~p : ii P~ P - M ~YY/ ~ I I * I I I ~ ~ ~ ~e~-+ ~1~, ~ 1 1 • ~-x ` ~,r ~ ~ ~ ~~ ~4 ^ [• ~ 1 t'! 1 ~~ 1 ~•~ ...: ~ ~t i ;~ -~ ~'% .•• ~~ ~~''~ _ ~ ice. L ~~ ,. • _-- _- r- ~- c ,. ~_ _... ~._ .: t. ~~_.. 2 d U Z 5 .\ r ..,~ _ _.1~ - _ "'._._ -ii ~~ I~ ~ I I , I ~6i ~ ~ ! ~ ~~ ~=a ~ ~ ~ ,~ ~. i ~ ~~ _ ~ - ~ ~ ~~~ eEa \' y rY d 1 ~~ii ~ ~. o ~~ ~~i gosauu~yr 'us8s3 Oil13W 3H1 3uawdo~anad pasodo~d 8~ a ; ~sl~~~ d J~~,+ s= ~: ~ ~~ J~ ~ ~~ i :~ =i ~ t F ~ ~~ ~~ = s~ s ,~ a ~~~. ~ ~~~ ! Y . R ~~ f~ ~ ~~ ~7$ ~ ~ ' e ~r aa< ~ t B~ ~ ~~ I~~ s ~~~ Es~s ; ~ ~1 i ~` rt3~ F 9 ~ ~ ~t ~ 4.. ,_- l_ ~... . 1 -~-- ~_._._ Et ~! ii j I ~y i : ~ 1 r .~ ~ ~ _ ;s= sits ~ ~ ~~ ~' no+~w ~ue9~ ( ~ M ~ I '~ ;_~ ~i':'~. i Iii O 21 1 3 W 3 H 1 ; q j a s ~ ~ ... ~'i~ ~~~~~~ ~ ~~ luawdo~anaQ pasodo~d ~~ ~ ~ ~ ~' ~ s ~ a . _: N z 0 f- a w J W PROPOSED PYLON SIGN ~ ~ ~ , ' SignResource sr L L. ~r ,- ---~. - ~~ ' Y i i I i ~)~ ' ' :!~ ~.! a.. ~~. .~. y~~ } l~ {F.'~' yf r SHET.t'R~1P]D' LUBE ` ' ~`~,~ J~ ri.. . _ ~_ ~= sit SHELL CANOPY LOGOTYPE - ~~'~ ~O~ 0 _ , 3y j, ,~ _~ . __ ; Sam=-~. C • r 1C! 1 ~~ .:,~, /6rf Coen Development Group • CDG, Ilc 3109 west S0~' Strect #315 MinneaPo~is, MN X410 NEIGHaoRH000 MEETING (YOTiCE 6iZ 925-239-8~ax June 12, 2003 Dear «Title» « Last name» I want to invite you to an informal meeting at the Eagan City Office on Wednesday, June 18th, 2003, between 5:30 and 7:30 pm. I have applied for permits to build an upscale convenience store on the Astleford Property on Diffley Road. I have scheduled this meeting so we can show you the site plans and get your input. I hope to see you there. Tom Coen ceo 6. June lb, 2003 Community Development Department 3830 Pilot Knob Road Eagan, MN 5~ 122 Teresa J. Bishop Karen S. Mills 1672 Oakbrooke Way Eagan, MN 55122-4202 Subject: Coen Development Group LLC Case X28-CU-OS-OS-03 Sir/Madam: I would like to strongly object to the proposed construction of a gas station on the comer of Diffiey Road and 35E. The residents of Eagan do not need another gas station. Currently, there is a m;nimum of 8 gas stations in. a 2 miles radius of the proposed site. In addition, it would be detrimental to the surrounding residential areas for the following reasons: • Increase in traffic which can be an endangerment to children • Light pollution • Increase in noise level • Decrease in privacy • Degradation of property values I can only hope that the city of Eagan will realize that the best interest of its residents would to deny the zoning and construction of conunercial property, thus eliminating the proposed gas station and any other commercial proposals that may arise in the future! Sincerely, ~_ .'~ /~~ Teresa J. Bishop Karen S. Mills cc: Coen Development Group LLC: Tom Coen, CEO - - i / ~ . -, - _ . 7, ,- _. ,~, _, Agenda Information Memo July 1, 2003, Eagan City Council F. REZONING (4640 & 4660 NICOLS ROAD) -DOUGLAS BAUER, DDS ACTION TO BE CONSIDERED: To approve (OR to deny) a Rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road in the NE'/4 of Section 31. FACTS: • The site consists of two parcels, each containing a single family home. • Since 2001, the City's Comprehensive Guide Plan has designated the properties for O/S, Office Service use. Prior to that, the properties had been designated LB, Limited Business as far back as the mid-1970s. • These parcels were zoned from A, Agriculture to T, Transitional in October 2002. The Transitional zoning allows for continued present use of a parcel of land until such time market forces warrant a change to a use consistent with the Comprehensive Guide Plan land use designation. • The proposed LB zoning is consistent with the O/S, Office/Service Land Use Designation. • The applicant proposes to construct atwo-story, 15, 132 sq. ft. office and medicaUdental clinic for lease and for his own practice on the property. • The concept plan submitted by the applicant shows the development potential of the remaining Transitional parcel to the south and demonstrates that the proposed rezoning and development of the two northerly Transitional parcels does not preclude or hinder future redevelopment of the adjacent parcel to the south. • The property will need to be platted prior to issuance of a building permit. The applicant's intent is to plat the two parcels as a single lot to accommodate the commercial development. • At their regular meeting on June 24, 2003, the Advisory Planning Commission held a public hearing to consider the Rezoning and recommended approval. ISSUES: • To ensure a future parking lot connection between this development and the parcel to the south, a private ingress/egress easement should be provided and submitted to the City Attorney for review prior to final plat approval. ATTACHMENTS (Z): Draft June 24, 2003 APC Minutes, age/ y~ Staff Report, pages ~ through /6 ~ City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 Page 11 F. REZONING -DOUGLAS M. BAUER DDS A Rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road in the NE'/4 of Section 31. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 19, 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 Heyl moved, Member Bendt seconded a motion to approve the Rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road in the NE'/<of Section 31. All voted in favor. Motion carried 7-0. /6~ PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2003 (revised June 20, 2003) CASE: 31-RZ-O8-OS-03 APPLICANT: Douglas Bauer, DDS PROPERTY OWNER: Douglas Bauer, DDS REQUEST: Rezoning LOCATION: 4660 and 4640 Nicols Road COMPREHENSIVE PLAN: O/S, Office Service ZONING: T, Transitional HEARING DATE: June 24, 2003 APPLICATION DATE: May 21, 2003 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST Dr. Douglas Bauer, DDS, is requesting approval of a Rezoning of approximately two acres from T, Transitional to LB, Limited Business located south of Cliff Road and east of Nicols Road at 4640 and 4660 Nicols Road in the NW '/4 of Section 31. The applicant has also requested a Site Plan Review in advance of the building permit application, so this reports includes a comments regarding the specific development plans for the developer's information. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter maybe 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 oftwo-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. /6y Planning Report -Douglas Bauer, DDS June 24, 2003 BACKGROUND/HISTORY In the update of the City's Comprehensive Guide Plan in February 2001, the properties were assigned a land use designation of 0/S, Office Service. Prior to that, the properties had been designated LB, Limited Business as far back as the mid-1970s. The properties held an Agricultural zoning designation until October 2002. In order to allow the existing single-family uses to remain conforming until redevelopment occurred, and to ensure orderly redevelopment of contiguous parcels, these properties were zoned as a Transitional zoning district in October 2002. The Transitional zoning was assigned to various parcels throughout the City that were inconsistent with the adopted Comprehensive Guide Plan land use designations. The Transitional zoning allows for continued present use of a parcel of land until such time market forces warrant a change to a use consistent with the Comprehensive Guide Plan land use designation. EXISTING CONDITIONS The site consists of two parcels, each containing a single family home. The homes were constructed in 1950 and 1960. The site is wooded with some open areas to the east. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Restaurant (Doolittle's) CSC, Community Sho in Center RC, Retail Commercial South Single Family Residential T, TransitionaUR-1, Sin le Famil Resid. O/S, Office/Service; LD, Low Densit Resid. East Radio towers LB, Limited Business O/S, Office/Service West Office LB, Limited Business O/S, Office/Service EVALUATION OF REQUEST Comprehensive Guide Plan -The Land Use Plan map indicates this property is designated O/S, Office/Service, which provides areas for office and lower intensity retail business. The applicant proposes to rezone the property from T, Transitional to LB, Limited Business and develop an office building both for lease and for his own dental practice. The proposed zoning is consistent with the O/S, Office/Service Land Use Designation. Compatibility with Surrounding~Area -The properties to the east and west of the subject property also have a land use designation of Office/Service. The parcel directly to the south is also zoned Transitional, and the properties south of that are zoned R-1, Single Family / 70 Planning Report -Douglas Bauer, DDS June 24, 2003 Residential. The proposed use is consistent with LB, Limited Business zoning district and the Office/Service Land Use Designation and appears compatible with the surrounding zoning districts and uses. Narrative -The developer has submitted a narrative that addressed in detail the proposal, compatibility with the surrounding area, and consistency with the intent and purpose of the Transitional zoning district. The summary states "Rezoning from Transitional to Limited Business will result in a relatively low-impact office use that will buffer residential properties to the south from more active, intense commercial properties to the north along Cliff Road. In this way, rezoning will bring the project site into compliance with Eagan's Comprehensive Guide Plan and be a better use of the land." Aimort 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 of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The subject property is outside of the noise policy contours in Eagan. Density -The Limited Business zoning district requires that a minimum of 30% green space be maintained on the site, and a maximum building coverage of 20% is allowed. The site plan shows compliance with these standards. A two-story, 15,132 square foot building, with a 7,614 square foot building footprint is proposed, maintaining 38% green space, and less than 10% building coverage on the site. Lots -The total site area is 1.99 acres. The property will need to be platted prior to issuance of a building permit. The applicant has indicated that he plans to plat the existing two parcels as a single lot. Site Plan -The site plan shows an access from Nicols Road on the north end of the site. The existing houses and some trees will be removed for grading. The proposed office building is situated to the east central part of the site, with parking to the west and south, and stormwater ponding in the northeast comer. Retaining walls are shown in several locations to accommodate necessary grade changes and preserve existing trees. The applicant submitted a concept plan for commercial development on the one remaining Transitional-zoned parcel to the south. This plan is intended only to show the development potential of the remaining Transitional pazcel to demonstrate that the proposed rezoning and development of the two northerly Transitional parcels does not preclude or hinder future redevelopment of the adjacent parcel to the south. The concept plan shows a parking lot connection between the two sites. The developer should provide aningress/egress easement over the proposed parking lot to the property owner of 4670 Nicols Road to ensure the availability of a parking lot connection for future redevelopment. The easement should be submitted to the City Attorney for review and executed prior to final plat approval for this development. /~/ Planning Report -Douglas Bauer, DDS June 24, 2003 Paee 4 Parking -Parking requirements for office and medical or dental clinic uses range from 82 stalls to 101 stalls for this 15,132 square foot building. The site plan shows 80 stalls being provided, with 21 additional stalls in proof of parking for a total of 101 stalls on the site. The site plan satisfies the required parking setbacks of 20 feet from aright-of--way, five feet from adjacent commercial property, and 20 feet from adjacent residential property. Site Lighting -The site lighting plan is acceptable. The plan shows 25-foot tall poles. The light fixtures are downcast and shielded with no tilt. Lighting levels are one footcandle or less at the property lines and range between 5 and %2 footcandle throughout the parking lot. The majority of the parking appears to receive between 1 and 2 footcandles of light. Wall-mounted building lighting was not shown. Building Elevations -The building design and materials are acceptable. The proposed two-story building is 28 feet in height. Building materials consist of EIFS, glass and manufactured stone. The roof is finished with asphalt shingles. Both horizontal and vertical elements provide architectural interest and visual relief. Gradin / Topography -The preliminary grading plan is acceptable. The site generally slopes to the northeast with elevations ranging from 930 in the southwest corner to 912 in the northeast corner of the site. Drainage patterns are proposed to be maintained with development. Several retaining walls are proposed throughout the site. Storm Drainage -The preliminary storm drainage plan is acceptable. An existing storm sewer system within Parce1012-03 along the east edge of the site is available for connection by the development to accommodate storm water runoff. The developer's narrative indicates that the storm water pond is sized to serve only the subject site, and not future runoff from the adjacent adjacent property to the south. Utilities -The preliminary utility plan is acceptable. Existing sanitary sewer within Parcel 012- 03 along the east edge of the site is available for connection and water main stubs from Nicols Road are available for connection for development of this site. Streets/ Access/ Circulation -Public street access is proposed to the west onto Nicols Road via one driveway entrance. The preliminary site plan has been designed to accommodate a parking lot connection with possible future development of the property to the south (4670 Nicols Road). This development should grant private ingress/ egress easement over the proposed parking lot to the property owner of 4670 Nicols Road to accommodate possible future development. This easement should be submitted to the City Attorney for review and executed prior to final plat approval for this development. Tree Preservation -The developer provided a Tree Preservation Plan, however, a detailed review of the plan by City Forestry staff had not been completed at the time of this report. The development is subject to the City's Tree Preservation Ordinance. Any removal of significant i~a Planning Report -Douglas Bauer, DDS June 24, 2003 trees in excess of the allowable amount will need to be mitigated in accordance with the provisions in the City Code. Compliance with the Tree Preservation Ordinance will be determined by the City Forester and must be demonstrated prior to issuance of a building permit. The developer should note that since some of the trees being preserved are in proof of parking areas, if the additional parking is installed in the future, additional mitigation for trees removed as a result maybe required. Landscaping -The landscape plan utilizes existing vegetation for landscape purposes, particularly along Nicols Road. The preliminary landscape plan shows a variety of foundation plantings, evergreen trees along the north and south boundaries of the site, and some additional overstory trees in parking islands and around the perimeter of the site. The evergreen trees along the south property boundary are designated for mitigation purposes. Parking lot islands are also landscaped as required by the landscape ordinance. SUMMARY/CONCLUSION The applicant is requesting a Rezoning from T, Transitional to LB, Limited Business to redevelop two existing residential lots as an office and medicaUdental clinic. The site is located at 4640 and 4660 Nicols Road. The two existing houses will be removed to accommodate the proposed commercial construction. The site plan indicates the site can accommodate the proposal, and that redevelopment of the adjacent Transitional parcel to the south is not hindered by this development. To ensure a future parking lot connection between this development and the parcel to the south, a private ingress/egress easement should be provided and submitted to the City Attorney for review prior to final plat approval. ACTION TO BE CONSIDERED To approve a Rezoning from T, Transitional to LB, Limited Business for property located at 4640 and 4660 Nicols Road. /9~ FINANCIAL OBLIGATION-Bauer Professional Office Building 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 pazcel 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 Sanitary Sewer Lateral Water Lateral Storm Sewer Trunk Water Availability Charge Total USE RATE QUANTITY C/I $24.00/F.F. 264 F.F. C/I 30.55/F.F. 264 F.F. C/I .13875/SQ. FT 89,734SQ. FT. C/I 3,330/AC 2.06 AC AMOUNT $6,336 8,065 12,451 6,860 $33,712 Additional Street Obligation-Condition of Rezoning Street Charge at Nicols Road C/I $169.05/F.F. 264 F.F. Credit for past assessment %Z sf! 41.00/F.F. 264 F.F. Additional Charge $44,629.20 (10,824.00) 33,802.20 /9y Development/Developer: Bauer Professions! Office Blc Application: Rezoning Case No.: 31-RZ-08-05-03 / ~S M.p Pnpfnd uainy ERSI AreY»w i.1. GareN Wu nrp drta povidW N by Dakoh County Oltlo~ d GIS Ord u e:wnM u d Fabrwry 2001, W E cli: of Began ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY Thy City of Eaga and Dakota County do not yuarantN the seeursey of this IMormstlos and an 5 Ce~nudey Dw.lspm.nt p~MRn•nt not rssponsibls to- errors Or omisslotu. Current Zoning and Comprehensive Guide Plan Bauer Professional Bldg Land Use Map Case No. 39-RZ-08-05-03 Zoning Map Current Zoning: T Transitional soo o aoo +mo r... u SC S PD PD PD PD R-4 D PD CSC CS T LB PF PD s c R s x so \\1/ o a Comprehensive Guide Plan Land Use Map "D RC ~`"' OlS HD C RC RC O/5 C I Current Land Use Designation: OIS Rc Rc Office/Service ors ors aP ors A 7~ } G_ 000 O 000 1200 ya.l '~.' ~ / l -` I V N -.rcol Ww map q~r.nn. prevNNiy aako lewd 2vv.y aapaRm.~t 2apt.mb.r 2002. ze .. T.Intab.d b7r aey staf. City of Eagan W~E Community Development Department LI 7NI3 MAP IS INTENDED FOR REFERENCe USE ONLY S The City of Eagan and Dakota CouRy do not guara~ao 2ha acevacy of th}a inFoyyrlalion. 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Bauer, DDS Issued OS-20-03 Revised 06-04-03 Development Proposal Dr. Douglas M. Bauer proposes to develop two adjacent lots at 4640 and 4660 Nicols Road, a parcel approximately two acres in size, near the intersection of Nicols and Cliff Road. Currently his dental practice, Bauer Dental Care, is located in a nearby office building at 1964 Rahncliff Court. Dr. Bauer has provided dental care to the surrounding community for more than 24 years. To accommodate the growth of his practice, he intends to develop a new building with space for his office along with other professional office tenants at the Nicols Road site. He is planning to pursue City approvals, complete design, and begin construction in 2003. Completion of construction and occupancy are scheduled to occur during April of 2004. Existing Conditions The site is occupied by two single-family homes. The zone is Transitional; the land use designation, Office/Service. Dr. Bauer is proposing rezoning to Limited Business, which agrees with the Office/Service use assigned by Eagan's Comprehensive Guide Plan. Existing houses at 4640 and 4660 Nicols Road along with one house to the south, 4670 Nicols Road, form a peninsula of residential use surrounded by office and retail uses on the East, North, and West boundaries. On the east, radio towers occupy a large parcel of open land zoned Transitional. Across the north boundary, there is a newly constructed professional office and an established restaurant, both zoned Neighborhood Business. Across Nicols Road to the west is a group of older multistory offices, zoned Limited Business. The residential property at the south boundary is an owner-occupied single family house. It is zoned Transitional. Farther south is a cluster of houses arranged around a cul-de-sac. These houses are zoned R-1. The Comprehensive Guide Plan identrfies the housing cluster as LD, Low Density residential; however, it does not include 4640, 4660, and 4670 in LD. Instead, these three properties are included in O/S, Office/Service use, similar to surrounding properties on the east, north and west. This indicates that the authors of the Guide Plan view office use as more appropriate than residential. Impact of Rezoning on the Transitional Zoned Property at 4670 Nicols Rezoning from Transitional to Limited Business will bring this site into compliance with the Comprehensive Guide Plan and make it compatible with surrounding office and commercial developments; however the proposal does not include the remaining Transitional lot, 467D Nicols, which is not available for purchase now. Dr. Bauer's rezone proposal does address the potential for future development of this additional lotto demonstrate that rezoning 4640 and 4660 is consistent with the intent and purpose of the Transitional Zoning District. lnfenf. The intent of Transitional zoning is to maintain an existing use such as the single-family residence at 4670 Nicols even though it is inconsistent with the ultimate use, office/service, designated by the Guide Plan. Rezoning 4640 and 4660 will not interfere with continued use of 4670 as asingle-family residence. Limited Business zoning in general and professional office use in particular will provide an~appropriate buffer between the remaining single family residence at 4670 and more intense commercial activities to the north. Professional offices proposed for 4640 and 4660 will be in operation primarily during daytime business hours and will not generate an excessive amount of traffic. The site design included with this rezone proposal illustrates a single driveway to office parking located as far north as permitted by Limited Business Zone setbacks. This means traffic to the offices will be close to Cliff Road and as far as possible from the residence at 4670. Grading, Tree Preservation, and Landscape Plans illustrate significant trees and landforms will be maintained as part of the buffer along the property line shared with 4670. This will minimize the visual impact of the office on the residence to the south. The proposed office is located farther from the property line with 4670 than is the existing house at 4660. The proposed office is also at a lower elevation than the existing house at 4660. Landscape screening and the relatively low elevation of the proposed office building will avoid confronting residents at 4770 with an intimidating presence near the property line. The low-impact nature of professional offices along with buffering included in the site design will satisfy the intent of Transitional zoning to maintain the existing residential use at 4670 Nicols until the lot becomes available for development. ~~~ Douglas Bauer, DDS, Rezone Application 05-20-03, revised 06-04-03 2 Purpose. The purpose of Transitional zoning as it is applied to 4640, 4660, and 4670 is to manage the transition from old to new use in an orderly and efficient way. Rezoning 4640 and 4660 prior to rezoning 4670 is a logical order in which to transition from residential to business use. It is the first of two steps moving the line between business and residential use progressively south. It does not "leapfrog" over 4670, leaving a piece of residential property as an island surrounded by business uses. 4670 will still be "attached" to compatible residential properties on its south boundary. When 4670 does become available for development, It can become a viable office site. The Rezone Plan (sheet C1) included in Dr. Bauer's proposal illustrates how an office and parking can be developed in a way that is coordinated with his current design. The building shown is located along the north property line, with parking and landscape screening to the south. Locations of building and parking are guided by the same considerations that influence the design for Dr. Bauer's current site. In particular, residential use to the south generates a need for separation and buffering. The plan shows a connection between the two office parking areas. The final location of this connection should remain undefined. The Plan for future development of 4670 is a suggestion provided by Dr. Bauer and is not intended to determine or predict what a future developer might propose. For this reason, an easement for connecting the two parking lots is not included in this proposal. Impact of Rezoning on Other Surrounding Land Uses The office proposed by Dr. Bauer fits the Office/Service designation the Guide Plan applies to the site. The scale of development possible on this two-acre site will be compatible with the scale of buildings and parking to the north and west. The preliminary site plan prepared for Dr. Bauer illustrates a building footprint of roughly 7600 square feet, similar to that of the professional building immediately to the north. Rezoning and the associated development will not prevent or compromise future development of the parcel of open land to the east. If this parcel is developed in line with the Guide plan, it will be compatible with the office planned by Dr. Bauer. The proposed office will serve as a buffer between residential use to the south and more intense commercial and retail uses along Cliff Road. Compliance with buffering provisions of the City Code will ensure separation between the proposed office and residential properties to the south. The office use will generate vehicle and pedestrian activity primarily during office business hours. Access to the site is from Nicols Road. The nearest major street is Cliff Road to the north. It is reasonable to assume that primary access to the site will be from Cliff Road via Nicols Road. Rezoning will result in fuller development of the site than the existing residential use. A significant portion of the site will be devoted to building and parking, stormwater detention, and landscaping. The existing houses and a number of the trees will be removed to permit regrading. The Tree Preservation provision of the Code will require preservation of existing trees at the center and at the perimeter of the site. Buffering and landscape provisions will result in planting additional new trees and shrubs at the south boundary, and across the center of the site. Impact of Rezoning on Utilities Storm Sewer System: The proposed storm sewer system will convey storm runoff to a new detention pond. The pond will detain storm runoff such that the pond release rate fora 100-year storm will be less than the peak flow for the site in the pre-developed condition. The detention pond will be sized to control flow and not to treat storm runoff. After flowing through the pond, storm runoff will be conveyed to an existing 42-inch storm sewer that runs north and is located just east of the site. The proposed system is designed to serve the project site; it is not intended to serve 4670 Nicols, the property to the south. Existing topography at the south property line indicates that runoff from 4670 does not flow onto the project site. Sanitary Sewer System: In comparison to the two existing houses, the proposed ofFce building will increase the number of fixtures served by the City sanitary sewer system. The proposed sanitary sewer system will convey waste flows from the proposed building to an existing 72-inch sanitary sewer which runs north and is located just east of the site (adjacent to the 42-inch storm sewer). Water System: In comparison to the two existing houses, the proposed office building will place greater demand on the City water system. The proposed water system will be a looped system that connects to the City's system at two different points within the site. The proposed water system also consists of one water service line to the building and Iwo hydrants. Summary Rezoning from Transitional to Limited Business will result in a relatively low-impact office use that will buffer residential properties to the south from more active, intense commercial properties to the north along Cliff Road. In this way, rezoning will bring the project site into compliance with Eagan's Comprehensive Guide Plan and be a better use of the land. /~~ Agenda Information Memo July 1, 2003, Eagan City Council ~y' ~ ~ PLANNED DEVELOPMENT AMENDMENT -ANDERSON BUILDERS ACTION TO BE CONSIDERED: To approve (OR to deny) a Planned Development Amendment and Final Planned Development for an in-line retail center with adrive-through facility for Lot 2, Block 1, Oakview Center, located at 3025 Holiday Lane, in the NW '/4 of Section 12, subject to the conditions in the staff report. FACTS: • In 1998, the City approved a subdivision and Planned Development for Oakview Center, which includes this site. The Preliminary PD identifies this lot, Lot 2, Block 1, as being approved for a Class I restaurant. The Preliminary PD also included no approvals for adrive-through facility on this lot. • The intent of this PD was to provide neighborhood commercial and retail services. • According to the applicant, the primary tenant, Clean `N' Press, will occupy approximately 6,000 sq. ft. of the 10,912 sq. ft. building and provide retail dry cleaning service, as well as serve as the plant location for cleaning from other Clean `N' Press stores. • The proposed drive-through facility would be used by Clean `N' Press. • The building and site design is consistent with the Preliminary Master Plans. • The technical elements of the development such as grading, storm drainage and utilities have been provided for with the initial Oakview Center site development. • The Advisory Planning Commission held a public hearing on June 24, 2003, and recommended denial of the Planned Development Amendment. ISSUES: • The stated reasons for the APC's recommendation of denial include that the proposal is not in keeping with the long-term goals for the neighborhood, and that the dry cleaning plant would detract from the appearance of the building. • Planned Developments are intended to provide benefits and an improved development to both the developer and the City. The appropriateness of the proposed change in use from a restaurant to retail with adrive-through facility is a policy matter to be determined by City officials. • Staff is concerned that the proposed amendment is being requested primarily to add a large dry cleaning operation to the Oakview Center and the benefit of such an operation versus a sit-down restaurant to the City in this specific area is not apparent. Also, adding a second retail building within this development will shift the balance away from the Class I restaurants the City anticipated developing in this location. ATTACHMENTS (2): Draft June 24, 2003 APC Minutes, pages through Staff report, pages through,~~ ~~g City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 ~~ Page 15 H. PLANNED DEVELOPMENT AMENDMENT -ANDERSON BUILDERS A Planned Development Amendment to allow amulti-tenant retail use with a drive-through facility on Lot 2, Block 1, Oakview Center, located south of Lone Oak Road on Holiday Lane in the NW '/< of Section 12. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 19, 2003. She noted the background and history. Applicant Greg Anderson, Anderson Builders, and Dan Clausen, Clean `N' Press stated the City's requirements in regard to the design, lighting and landscaping have been met. 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 stated concern with the dry cleaning plant on the back of the storefront and the outside windows that would be looking into a dry cleaning factory. He stated by approving this item, the City would not be keeping up with the long-term goals for the neighborhood. Chairman Huusko and Member Heyl agreed with Member Gladhill. Member Miller stated opposition to a dry cleaning plant in this area of the City. He stated he would vote against. Member Gladhill moved, Member Steininger seconded a motion to deny a Planned Development Amendment to allow amulti-tenant retail use with adrive-through facility on Lot 2, Block 1, Oakview Center, located south of Lone Oak Lane on Holiday Lane in the NW '/< of Section 12 because it does not fit the original plan and goals for the area and the dry cleaning operation is not appropriate. All vote in favor. Motion carried 7-0. 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 Senior Planner Ridley announced that there would not be a workshop on July 10`"; instead, the Advisory Planning Commission will meet at 5:30 p.m. on July 22"d' 2003. /9a City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 /~ Page 16 j,~ VI. ADJOURNMENT Member Heyl moved, and Member Bendt seconded a motion to adjourn the Advisory Planning Commission meeting at 9:33 p.m. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Camille Worley Recording Secretary /9/ PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2003 CASE: 12-PA-07-OS-03 12-FD-03-OS-03 APPLICANT: Anderson Builders PROPERTY OWNER: Oakview Holdings, Inc REQUEST: Planned Development Amendment HEARING DATE: June 24, 2003 APPLICATION DATE: June 4, 2003 PREPARED BY: Pamela Dudziak LOCATION: 3025 Holiday Lane COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST Anderson Builders is requesting approval of a Planned Development Amendment to allow an in- line retail center with adrive-through facility for Lot 2, Block 1, Oakview Center, located at 3025 Holiday Lane in the NW '/4 of Section 12. The proposed change from a Class I (sit-down, full service) restaurant to a retail use with adrive- through facility constitutes a change from the previously approved Preliminary Planned Development. Approval of the required amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter maybe 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 oftwo-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. /9a Planning Report -Anderson Builders June 24, 2003 Page 2 BACKGROUND/HISTORY In 1998, the City approved a subdivision and Planned Development for Oakview Center, which includes this site. The Preliminary PD identified two lots, Lot 2, Block 2, and Lot 2, Block 1, as being approved for either retail or a Class I restaurant. The intent was that the either lot could be developed for either use, but both lots would not be developed as the same use. The Preliminary PD also included no approvals fordrive-through facilities on either of these lots. In 2000, the Planned Development was amended to allow a retail building including a Class II restaurant with drive-through service on Lot 2, Block 2. As part of that approval, the use of the subject site, Lot 2, Block 1, was restricted to a Class I restaurant only. EXISTING CONDITIONS The site is vacant and was graded with the overall Oakview Center development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Vacant A 'cultural SA, S ecial Area East Vacant PD, Planned Develo ment SA, S ecial Area South McDonald's PD, Planned Develo ment SA, S ecial Area West Comfort Inn PD, Planned Develo ment SA, S ecial Area EVALUATION OF REQUEST Compatibility with Surrounding Area -The proposed in-line retail use is a change from the approved Preliminary Planned Development which specifies this lot for a Class I restaurant only and requires an amendment to the Preliminary PD. The addition of adrive-through facility also requires an amendment to the Preliminary PD. Only two uses were known at the time of initial development -the Holiday motor fuel and convenience store, and the McDonald's restaurant. When this Planned Development was initially established, the intent was to provide neighborhood commercial and retail services. This building is proposed to house one rather large tenant occupying over half of the building and adds a third drive-through facility to this development. According to the applicant, the primary tenant, Clean `N' Press, will occupy approximately 6,000 sq. ft. of the 10,912 sq. ft. building and provide retail dry cleaning service, as well as serve as the plant location for cleaning from other Clean `N' Press stores in the east metro. The floor plan / X3 Planning Report -Anderson Builders June 24, 2003 Page 3 shows two additional tenant spaces, although other tenants for the building have not yet been secured. The proposed drive-through facility would be used by Clean `N' Press. While a dry cleaner would be considered consistent with a Neighborhood Business zoning, Planned Developments are intended to provide benefits and an improved development to both the developer and the City. Staff is concerned that the proposed amendment is being requested primarily to add a Large dry cleaning operation to the Oakview Center. The benefit of a such an operation versus asit-down restaurant to the City in this specific area is not apparent. Also, adding a second retail building within this development will shift the balance away from the Class I restaurants the City anticipated developing in this location. The appropriateness of additional retail use within this Planned Development is a policy matter to be determined by City officials. Density -The 10,912 square foot building results in a lot coverage ratio of 18.3%. Site Plan -The site layout is similar to the plan shown in the Preliminary PD. One difference is that the proposed site plan has two rows of parking on the south side of the building, and eliminates parking between the building and Lone Oak Road, although vehicular circulation is maintained around the entire building. Also, the proposed site plan incorporates adrive-through facility on the east side of the building. Parking -The Preliminary PD Agreement left the parking for each lot to be determined based on the size of the building and standard zoning requirements. A minimum of 54 parking stalls are required. The plans provide for 55 parking stalls, nine feet in width. Although it is a deviation from typical City standards, the nine-foot parking stall width is consistent with the Preliminary PD. Gradin.~ -The site was graded with the overall Oakview Center development and is open. Storm Drainage -Storm water runoff from the development will drain via existing storm sewer to a storm water pond installed with the Oakview Center development. Wetlands/Water Quality -Wetland and water quality issues and requirements were addressed and satisfied as part of the overall Oakview Center subdivision and development. Utilities -Sanitary sewer and water main were stubbed to the site with the Oakview Center development and are available for connection. Access/Street Design -Public street access is available from a private extension of Courthouse Lane extending west from Holiday Lane to serve this lot as well as the existing Comfort Inn and McDonald's. The site design establishes a parking lot connection to the lots both east and west of this site. Ingress/egress easement should be provided for these shared accesses. /9~F Planning Report -Anderson Builders June 24, 2003 Page 4 Easements/Rights of Way/Permits -The developer should provide or prepare ingress/egress easement documents covering the shared accesses for review and approval by the City Attorney prior to recording of the Final Planned Development Agreement. Setbacks -The. site plan shows the building set back 50 feet from Lone Oak Road, and internal yard setbacks exceeding 20 feet. Parking and pavement setbacks satisfy the typical 20-foot minimum from a public right-of--way. Zero setback is provided for parking from the west side lot line because of the shazed driveway with Lot 3, Block 1. Tree Preservation -Tree preservation was addressed with the overall Oakview Center development. This lot is responsible for providing its share of required mitigation plantings for the Oakview Center Development. Mitigation is to be provided in addition to required landscaping. Landscaping -The Master Plan shows three mitigation trees on this lot. The proposed Landscape Plan does not identify which trees are intended to satisfy the mitigation requirements. A comparison of the proposed landscape plan against the Master Plan shows similar placement and types of trees and shrub materials throughout the site. Based on that comparison, the proposed plan appears to be one mitigation tree short of the three required for this lot. The developer should provide a revised landscape plan that includes an additional Category B tree somewhere on the site, and that identifies which trees are intended for landscaping and which are for mitigation purposes. With the proposed amendment to add adrive-through facility on this site, additional screening of the drive-through window and stacking space should be provided. Staff suggests a more solid landscape feature at the southeast corner of the site, as well as some shrubs or appropriate perennials to provide some screening along the east property line within the curbed island. Rock mulch is proposed for "all shrub planting areas." While this maybe appropriate for the foundation plantings, as for parking lot islands, shredded wood mulch is more appropriate for the shrub beds and trees around the perimeter of the site. The revised landscape plan should note that shredded wood mulch will be used for shrub beds and around trees that are not foundation or parking lot island plantings. Trash Enclosure -The trash enclosure is proposed to be located attached to the east end of the building, and accessible from the drive east of the building. The walls of the enclosure are proposed to be constructed of brick and rockface block to match that used on the principal building, with a solid screening gate. The gate should be of a material and color that is compatible with the accent materials on the principal building. BuildingLArchitecture/Materials -The building azchitecture is consistent with that shown in the Preliminary Planned Development. The primary material is brick, with rockface block and EIFS accents. The color scheme also follows one of the four combinations approved in the Preliminary PD -- bronzetone brick with burgundy rockface block and "champagne" EIFS. /95 Planning Report -Anderson Builders June 24, 2003 Page 5 Prefinished metal trim is to be "emerald." All four elevations show use of the same finish materials as required in the Preliminary PD. Architectural features include the use of a varied roof line, brick and different exterior materials to provide visual relief and interest on the building exterior. The peaked roof elements are consistent with the building design in the Preliminary Planned Development and similar to the architecture of the existing retail building on Lot 2, Block 2. Signa~e - A monument sign is proposed for the northwest corner of this site. The proposed sign has athree-foot brick base with five feet of sign area for a total height of eight feet. The sign is shown with a single defined sign area, however, since this will be a multi-tenant building, the sign area may consist of several individual tenant panels or a single identity panel. In either case, the sign design and size are consistent with the Preliminary Planned Development. Wall signage is proposed on the south elevation of the building only. A band of EIFS at the top of the building is designated for signage. The plans note that wall signage is to be individual back-lit channel letters, which complies with the Code requirement that all signage on a multi- tenantbuilding be similar in design. Wall signage should be restricted to location on the band of EIFS. Li~htin~ -Site lighting is proposed to be provided by building mounted wall packs and pole- mounted fixtures. Fixtures should be shielded and directed downward to provide sharp cutoffs and diffuse the light such that the source of light is not visible from off the property. Free- standing site lighting should be the same as was utilized on other lots within the Oakview Center development. Parking lot lights will be mounted on free-standing poles. The lighting contours shown on the plan identify the one footcandle light level. Since the surrounding properties are also commercial, illumination exceeding one footcandle at the property line should not be problematic, and light levels of at least one footcandle within the parking lot are needed for adequate visibility and security. Parks and Recreation - A cash park and trail dedication will be required and is payable at the time of building permit at the rate then in effect. The 2003 dedication rates are $4,733 per acre for parks and $1,008 per acre for trails. SUMMARY/CONCLUSION Anderson Builders is requesting approval of a Planned Development Amendment to allow an in- line retail center including adrive-through facility for Lot 2, Block 1, Oakview Center. The proposed retail use and drive-through constitute changes from the previously approved Preliminary Planned Development. As stated previously, the appropriateness of additional retail use including a large dry cleaning operation, instead of asit-down restaurant within this Planned Development is a policy matter to be determined by City officials. 196 Planning Report -Anderson Builders June 24, 2003 Paee 6 The final landscape plan requires some changes to demonstrate compliance with tree mitigation requirements and enhance screening in some areas. Building architecture and lighting appear to be consistent with the Preliminary PD, as is the site layout. The technical elements of the development such as grading, storm drainage and utilities have been provided for with the initial site development. The applicant has simultaneously applied for approval of the Planned Development Amendment and a Final Planned Development. Therefore, approval of the Planned Development Amendment constitutes approval of a Final Planned Development, which will be incorporated into a forthcoming PD Agreement. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment and Final Planned Development for an in-line retail center with adrive-through facility for Lot 2, Block 1, Oakview Center, located at 3025 Holiday Lane, in the NW '/4 of Section 12. If approved, the following conditions should apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan Final Building Elevations/Signage Plan Final Landscape Plan Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The developer shall prepare ingress/egress easement documents covering the shared access drives for review and approval by the City Attorney prior to recording of the Final Planned Development Agreement. A final landscape plan shall be submitted that has been revised to reflect the required tree mitigation and screening enhancements for the drive-through facility as identified in the planning report. Instead of rock mulch, shredded wood mulch shall be used in the shrub beds and around trees at the perimeter of the site. The revised final landscape plan will be subject to review and approval by City staff for incorporation in the Final Planned Development Agreement. 6. The trash enclosure shall be constructed of brick and rockface block to match the principal building. The gate shall be of a material and color that is compatible with the accent materials on the principal building. /97 Planning Report -Anderson Builders June 24, 2003 Page 7 7. All wall signage shall be individual back-lit letters and shall be located within the band of EIFS on the south elevation of the building only. S. Free-standing site lighting shall be the same as was utilized on other lots within the Oakview Center development. Site Iighting shall be shielded and directed downward to provide sharp cutoffs and diffuse the light such that the source of light is not visible from off the property. 9. The development is responsible for cash park and trail dedications and is payable at the time of building permit at the rate then in effect. /98' ~ Q Eagan Boundary Location Map ;~B~..tC.ntrl'n. ~ PareN Area Building FootprlM ~ i - ~.o '~~ ' '` m ~ i ~~~ ` ~ \~ ®®~; ~~ ~~ ~,~ ,,,, r ~~,~. _Y,~ ~ ~~~, t t ,~~ -~ ~ A y N -'~ a ® ~'~ ~ Sub'ect Site .* ° 4 ~ ®~ ~~ k~. 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CONSIDERATION OF PENALTIES FOR ALCOHOL SALES VIOLATIONS AT SILVER BELL LIOUOR.1983 SILVER BELL ROAD ACTION TO BE CONSIDERED: To approve resolution imposing additional civil penalty, and license action upon Silver Bell Liquors (Licensee). FACTS: • Since January 31, 2001, the Police Department has conducted five City-wide alcohol compliance checks. Silver Bell Liquor, under new ownership as of January 2001, failed compliance checks on January 31, 2001 and Apri14, 2003, by selling alcohol to underage persons. These violations were not contested by Silver Bell Liquor. A number of reports and calls were received by the Eagan Police Department in 2003 regarding the sale of alcohol to underage persons by Silver Bell Liquor. As a result, surveillance was set up by the Police Department to determine if the reports were accurate. On May 9, 2003, ten separate violation reports were issued by the police department alleging the sale of alcohol to underage persons and/or possession of alcohol by underage persons all involving Silver Bell Liquor. Although ten separate violations were alleged to have occurred on May 9, the establishment was only cited civilly for a second violation since they were not informed after each violation that evening. On May 21, 2003, the owner of Silver Bell Liquor requested a hearing to appeal the May 9 violations. The hearing was held on June 4 and eight (8) of the ten (10) violations were found to have occurred. The letter sent to the owner of Silver Bell Liquor and Findings of Fact and Decision prepared by the Administrative Hearing Officer are enclosed. (The related Police Case Files are not included; however, the Hearing Officer has copies of that information on file.) The findings resulted in a second violation for Silver Bell Liquor within a 24-month period. Therefore, they were subject to a $1,000 civil penalty as identified in the Eagan City Code. Please note that the cover letter to the Licensee, dated June20, 2003, incorrectly stated the penalties for the May 9, 2003 violation, but the Findings and Decision correctly stated the administrative penalties, and a letter, dated June 27, 2003 was sent to Licensee advising it of the error and correction. • On May 23, 2003, the establishment successfully passed aCity-wide alcohol compliance check. However, given the previous experiences of alcohol sales to an underage person by this establishment, surveillance was once again set up by the police department. Later that same day, the establishment was cited because the clerk sold alcohol to an underage person. On June 9, 2003, the owner of Silver Bell Liquor requested a hearing to appeal the May 23 violation. The hearing was held on June 18 and the violation was found to have occurred. The Findings of Fact and Decision prepared by the Administrative Hearing Officer are enclosed. (The related Police Case File is not included; however, the Hearing Officer has a copy of that information on file.) This resulted in a fourth or more violation for Silver Bell Liquor within a 36-month period (based on the January 31, 2001, violation, the Apri114, 2003, violation, the eight (8) violations on May 9, 2003, and the May 23, 2003 violation, totaling 4 violations, or 11 violations if the 8 violations on May 9~' are aggregated) following notification of and hearing on each violation. • Typically, the Hearing Officer will not forward the Findings of Fact for a second or third violation within 24 months to the Council, but will rather impose the civil penalty directly. However, given the May 23, 2003 violation is the fourth violation in 36 months, the magnitude of the violations that occurred on May 9, and the subsequent violation on May 23, 2003, the matter is before the City Council for consideration of additional penalties or license action to be imposed. X 06 Eagan City Code Chapter 5, Section 5.02, Subdivisions 4(G) and (H), was amended by the Council on June 4, 2002 to allow for clarification of the hearing process and to impose stricter civil penalties for violations by liquor licensees. Section 5.02, Subdivision G states that "a civil penalty of $2,000 and 30 days suspension of the license, unless a greater civil penalty, suspension or revocation is otherwise determined by city council, shall be imposed upon a licensee upon the fourth or more violation within a 36-month period. The foregoing penalties shall not restrict the City Council from ordering the revocation of the license, suspension of the license for up to 60 days, a civil penalty up to $2,000, or impose any combination thereof." The language in Subdivision H states that if the hearing involves a fourth or more violation by the licensee, the hearing officer shall present his/her findings of fact and conclusions to the City Council for its consideration of additional penalties. • At the June 18 hearing, the attorney representing Silver Bell Liquor indicated that the owners acknowledge some problems have occurred at their establishment. Additionally, the Licensee provided to the City a copy of an executed Purchase Agreement with a third party for Silver Bell Liquor store. The Licensee claims that because the store is being sold that the Licensee is entitled to "leniency," if additional penalties are imposed by Council. SUMMARY OF VIOLATIONS AND COUNCIL'S OPTIONS (INCLUDED AS BLANKS WITHIN THE RESOLUTION) **: • 1st Violation: January 31, 2001 Sale to underage person Administrative Penalty: $500.00 civil penalty and no action on license Waived Right to Hearing; Civil Penalty Paid Additional Penalty Council May Impose: $1,500.00 civil penalty and 60 days suspension or revocation • 2nd Violation: April 14, 2003 Sale to underage person Administrative Penalty: $500.00 civil penalty and no action on license (15t violation within 24 months) Waived Right to Hearing; Civil Penalty Untimely Paid (w/$50.00 late fee) Additional Penalty Council May Impose: $1,500.00 civil penalty and 60 days suspension or revocation • 3rd Violation (2°d within 24 months): May 9, 2003 Sale to 8 underage persons Administrative Penalty: $1000.00 and no action on license Hearing Held: 8 Of 10 Violations Found; Civil Penalty Remains Unpaid Additional Penalty Council May Impose: $1,000.00 civil penalty and 60 days suspension or revocation. • 4th Violation (within 36 months): May 23, 2003 Sale to underage person Administrative Penalty: $2000.00 Civil penalty and 30 days suspension Hearing Held: Violation Found; Civil Penalty Unpaid Additional Penalty Council May Impose: $0.00 Civil penalty and 30 days suspension or revocation. **Under Minnesota state liquor regulations, the City may not impose more than a $2000.00 civil penalty or 60 days suspension, or combination thereof, or revocation for any one of the violations. Various options for City Council consideration are left blank within the resolution. The City Council should provide direction on each option before the resolution is approved. ATTACHMENTS: • Excerpt of Eagan City Code Chapter 5, Section 5.02 on pages through ~. • The cover letter and correction letter notifying the owner of the results of the hearings are enclosed on pages ~ 1 b through ~_. • Administrative Hearing Report containing Findings of Fact and Decision regarding May 9, 2003 violations is enclosed on pages ~~ through ~. ao7 • Administrative Hearin Report containing Findings of Fact and Decision regarding May 23, 2003 violation is enclosed on pagesthrough ~. • Resolution Imposing Additional Civil Penalties or License Action For Silver Bell Liquor is enclosed on page~,~through~ • Copy of Licensee's Purchase Agreement for Silver Bell Liquor store is enclosed on pages~~~ througl~LQ. ao~~ BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.02 E. Refusal and termination. The council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. F. Yolation. For this section, a violation shall be defined as any failure to comply with a statute, regulation or provision of the City Code relating to alcoholic tiieverages. An officer of the police department or an agent of the state liquor control commission who becomes aware of a violation, regazdless of whether any action is taken to issue an oral or written warning, a citation or a complaint, shall prepare a written report of the violation. One copy of the report shall be given to the chief of police, the licensee, and the city clerk, respectively. A violation by an officer, employee or agent of the licensee shall be deemed to be a violation by the licensee. G. Penalty. Upon a finding that the licensee has sold alcoholic beverages to another retail licensee for the purpose of resale; purchased alcoholic beverages from another retail licensee for the purposes of resale; conducted or permitted the conduct of gambling on the licensed premises in violation of the law; failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under Mi~esota Statutes; or failed to comply with any other applicable state statute or rule, or Code provision herein relating to alcoholic beverages, a civil penalty of $500.00 for the first violation, $1,000.00 for the second violation within a 24-month period, and $1,500.00 and a seven (7) day suspension of license for a third violation within a 24-month period shall be imposed upon the licensee who shall pay the civil penalty within 30 days of the date of a notice from the city. Notwithstanding the foregoing civil penalties, a civil penalty of $2,000.00 and 30 days suspension of the license, unless a greater civil penalty, suspension or revocation is otherwise determined by city council, shall be imposed upon a licensee upon the fourth or more violation within a 36-month period. The foregoing penalties shall not restrict the city council from ordering the revocation of the license, suspension of the license for up to 60 days, a civil penalty up to $2,000.00, or impose any combination thereof. If the licensee fails to pay the civil penalty within 30 days of notice, the licensee's license shall be suspended until the civil penalty, plus any surcharge or interest for late payment, is paid in full. H. Hearing. No suspension or revocation of a license or civil penalty under this section shall take effect until the licensee has been given an opportunity for a hearing under the Minnesota Administrative Procedure Act. If the licensee files a request for hearing with the city clerk within ten business days of the date of the notice of the license action or civil penalty, the city clerk shall schedule a hearing before a hearing officer duly appointed by the city administrator. In the event that the licensee fails to timely request a hearing or fails to appear at a scheduled hearing, the licensee shall be deemed to have waived his/her right to a hearing and shall be subject to the license action or civil penalties imposed hereunder. If the licensee timely requests a hearing, the hearing shall be held before the hearing officer within 14 days of the date the licensee files a request for hearing with the city Supp. No. 9 CD5:7 aog § 5.02 EAGAN CODE clerk. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions as to whether a violation has occurred and the penalty imposed as authorized herein. If the hearing involves a fourth or more violation by the licensee, ~' the hearing officer shall present his/her written findings of fact and conclusions to the ~_ city council for its consideration of additional penalties, including revocation of the c license. - I. Additional restrictions. As additional restrictions or regulations on licensees under this chapter, and in addition to grounds for revocation or suspension stated in the City Code or statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of beer, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police is investigating such alleged illegal acts upon licensed premises; or (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. J. Corporate applicants and licensees. A corporate applicant, at the time of application, shall furnish the city with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the city clerk-treasurer in writing of any change in legal ownership or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shazes therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked 30 days after any such change in ownership or beneficial interest of shares unless the council has been notified of the change in writing and has approved it by appropriate action. The council or any officer of the city designated by it may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shazeholders, and the council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The council may revoke any license issued upon its determina- tion that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the council on notice to the licensee. Subd. 5. Duplicate licenses. Duplicates of all original licenses under this chapter may be issued by the city clerk-treasurer without action by the council, upon licensee's affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly mazked "Duplicate." Supp. No. 9 CD5:8 2~9 ,.-._~ ~~. ' : - city of ~ec~an PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center. 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.ciryofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community June 20, 2003 Mr. Balbir Shoker Silver Bell Liquor, Inc. dba Silver Bell Liquor 1983 Silver Bell Road Eagan, MN 55122 Deaz Mr. Shoker: Enclosed are my Findings of Fact and Decision regarding the liquor sales violations that occurred at Silver Bell Liquor on May 9 and May 23, 2003. As a result of my findings, you are subject to a $1,500 civil penalty for the second violation within a 24-month period, which occurred on May 9. As noted previously, although ten violations occurred that evening, you were only civilly charged for a second violation due to the fact that notice of the violations was given to you at the end of the evening's surveillance instead of after each occurrence. Of the violations that occurred, I find that you are only responsible for eight of the ten infractions since clear and convincing evidence was not provided to substantiate the other two. With regard to the violation that occurred on May 23, my findings indicate that you are subject to a $2,000 civil penalty and a 30-day suspension of your liquor license because this constitutes the fourth or more violation within a 36-month period. In checking past records, it was discovered that your establishment failed an alcohol compliance check on Januazy 31, 2001. Using the 36-month timeframe, your establishment has a total of 11 violations within the past three years as delineated in the following table: . Date of Violation T e of Violation Result Total 1/31/01 Sale of alcohol to a minor U held 1 4/4/03 Sale of alcohol to a minor U held 1 5/9/03 Sale of alcohol to a minor U held 8 of 10 8 5/23/03 Sale of alcohol to a minor U held 1 a1o Please be advised that the City Council will consider the imposition of any civil penalties, license suspension or revocation at the July 1, 2003 City Council meeting. The Council meeting will beheld at Eagan City Hall in the Council Chambers and will begin at 6:30 p.m. My findings of fact and information regarding the potential sale of your establishment will be presented to the Council for thew consideration in determining the action to be taken. If you have any questions, please feel free to contact me at (651) 675-5034. Sincerely, ~~~~ Maria Karels Administrative Hearing Officer Enclosure c: Tom Hedges, City Administrator Gene VanOverbeke, Director of Administrative Services Kent Therkelsen, Chief of Police Rick Swanson, Captain Kevin McGrath, Sergeant a i~ city of eegan PAT GEAGAN Mayor PEGGY CARLSON June 27, 2003 CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Mr. Balbir Shoker Council Members Silver Bell Liquor, Inc. dba Silver Bell Liquor THOMAS HEDGES 1983 Silver Bell Road Eagan, MN 55122 CiryAdministrator Dear Mr. Shoker: I am sending this letter as afollow-up to the letter to you dated June 20, 2003 Municipal Center. from Maria Karels, Administrative Hearing Officer, at the City. The second 3830 Pilot Knob Road paragraph of the letter states that you are subject to a $1,500 civil penalty for the Eagan, MN 55122-1897 second violation within a 24-month period. The correct civil penalty for that Phone:651.675.50D0 violation is $1,000 as correctly stated in the Findings of Fact and Decision. Those findings were sent along with the letter of June 20, 2003. Fax: 651.675.5012 TDD: 651.454.8535 I apologize for the error in the cover letter. The City Council will be provided with the corrected information for their deliberations on Tuesday, July 1, 2003. Maintenance Facility: Sincerely, 3501 Coachman Point Eagan, MN 55122 Phone 651.675.5300 E. anOverbeke Fax: 651.675.5360 Director of Administrative Services TDD: 651.454.8535 cc: Maria Karels, Administrative Hearing Officer www cityofeagan.wm THE LONE OAK TREE The symbol of strength and growth in out community // ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-2994 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a heazing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact Detective Mason stated that during the past couple of months anonymous calls had been received by the Eagan Police Department regarding the sale of alcohol to minors by Silver Bell Liquor. Sergeant McGrath noted that the Police Department had received multiple calls and he submitted documents substantiating that fact. As background, Sergeant Johnson stated that on May 8 an irate woman had called the Police Department indicating that her underage son had bought alcohol from Silver Bell Liquor for the second time in a month. As a follow up to the complaint, two underage volunteers attempted a buy at Silver Bell Liquor under the direction of Sergeant Johnson; however, they were carded. On May 9, the Police Department received an additional report that two vehicles may have been en-route to Silver Bell Liquor and that the occupants of the vehicles were believed to be underage. The passenger of one of the vehicles, a red Ford Ranger, exited the vehicle and entered Silver Bell Liquor. He returned with a case of Michelob Light beer and a brown paper bag, both of which were placed in the rear covered bed of the vehicle. An investigatory traffic stop was conducted after the vehicle left the pazking lot. It was determined that both the driver and passenger were under the age of 21. An interview with the passenger determined that he had purchased alcohol from Silver Bell Liquor and he knew that he was not supposed to be in the establishment since he was under the age of 21. Detective Bolluyt stated that the passenger returned to Silver Bell Liquor with Sergeant Johnson and identified the clerk who sold him the alcohol as Jaswinder Mundi. The driver was cited for being under the age of 21 and possessing alcohol. The passenger was also cited for the same violation and also for purchasing alcohol while under the age of 21. a~~ Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. Decision It is my decision, based upon the testimony presented by the officers of the Eagan Police Department, along with the identification of the clerk by the underage individual who purchased alcohol at Silver Bell that the violation did occur as identified in the incident report prepazed by the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the second offense in a 24-month period, a $1,000 civil penalty shall be imposed. *Although this violation was one often that occurred on May 9, the civil penalty imposed was for a second violation in accordance with the penalty schedule contained in Eagan City Code, Chapter 5, Section 5.02, Subd. G since the establishment was not notified after each violation but was notified at the end of the evening. The licensee was informed that, should any future violations occur, each of the ten violations would be individually counted when determining the cumulative number of violations against the establishment. Dated: ~~zo/U3 Signed: ~Gtt,~,~... Maria Karels Administrative Hearing Officer a~3 ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-2995JCF Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Detective Bolluyt observed a pickup truck with a black male who entered Silver Bell, left with a bag and put it in the trunk of the suspect vehicle containing three occupants. Officer Wegner conducted a traffic stop on the suspect vehicle and asked the driver to open the trunk. Inside the trunk were three bottles of alcohol in a brown paper bag. The driver advised that he had paid an individual to go in and purchase the liquor. The driver stated that it is well known at Burnsville High School that if they act nice and smile the owner/clerk does not card them. The suspect who purchased the alcohol is believed to be either 16 or 17 years old. The driver was cited for possession of alcohol by a minor. Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. Decision It is my decision, given the unknown identify and age of the person who purchased the alcohol, that the establishment cannot be held responsible for the sale of alcohol to a minor. There is no clear and convincing evidence that the clerk sold alcohol in violation of any State law or City ordinance. Dated: CD ~Z 010 3 Signed: T C~~ Maria arels Administrative Hearing Officer a~~ ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-2999JCF Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings oJFact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Detective Bolluyt observed a pickup truck with a black male in his mid 30's enter Silver Bell, leave with a bag and put it in the trunk of the suspect vehicle containing two juvenile male occupants. Detective Bolluyt conducted a traffic stop on the suspect vehicle. Both occupants of the vehicle were 16 years of age. Located in the rear hatch of the vehicle were three bottles of alcohol. Both males advised that the black male had purchased the liquor for them. The youth indicated to Detective Bolluyt that they could go to Silver Bell and purchase alcohol underage. Both males were cited for possession of alcohol by a minor. The black male was later identified to be 39 years old. Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. Decision It is my decision, based upon the age of the individual who purchased the alcohol, that the establishment cannot be held responsible for the sale of alcohol to a minor. There is no clear and convincing evidence that the clerk sold alcohol in violation of any State law or City ordinance. Dated: ~~Z U ~U ~ Signed: ~.i~v~~,c-Ce Maria Karels Administrative Hearing Officer a.s ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-3000 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Belt Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Detective Bolluyt observed occupants of a red Ford Probe who were just seen purchasing alcohol from Silver BeII Liquor. He advised that there were three white males in the vehicle and that the two males in the front seat were seen leaving the liquor store and appeared to be minors. Officer Harrell conducted a traffic stop of the suspect vehicle. All three occupants of the vehicle were under the age of 21. The driver of the vehicle told the officer that the alcohol was located in the trunk. Inside the trunk were four twelve packs of beer. The driver stated that two of the twelve packs belonged to his brother and were in the vehicle prior to the purchase of the other two. He said that he and the passenger had purchased the other two twelve packs. He added that both he and the passenger grabbed a twelve pack of beer, walked up to the counter and the clerk never asked for identification. Officer Harrell stated that the driver identified the clerk at Silver Bell Liquor who sold him the alcohol as Jaswinder Mundi. The driver and passenger were both cited for being under the age of 21 and possessing alcohol. Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. Decision It is my decision, based upon the testimony presented by the officers of the Eagan Police Department, along with the identification of the clerk by the underage individual who purchased alcohol at Silver Bell that the violation did occur as identified in the incident report prepared by a~~ the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the second offense in a 24-month period, a $1,000 civil penalty shall be imposed. *Although this violation was one often that occurred on May 9, the civil penalty imposed was for a second violation in accordance with the penalty schedule contained in Eagan City Code, Chapter 5, Section 5.02, Subd. G since the establishment was not notified after each violation but was notified at the end of the evening. The licensee was informed that, should any future violations occur, each of the ten violations would be individually counted when determining the cumulative number of violations against the establishment. Dated: 4 / 2 °~ 03 Signed: ~/C~,w~.• Maria Karels Administrative Hearing Officer a~~ ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-2998 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan.. Findings of Fact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Detective Bolluyt observed two occupants of a gold Saturn couple, who appeazed to be underage males, leaving Silver Bell Liquor. The passenger of the vehicle was carrying the alcohol as they left the store. Officer Letourneau and Officer Lounsbury were involved in the traffic stop of the suspect vehicle. Both occupants of the vehicle were under the age of 21. The alcohol was located between the passenger's legs on the floor of the front passenger seat and was covered by a shirt. The alcohol consisted of a 24 pack of Michelob Golden Light beer and a six pack of bottles of Mike's Hazd Lemonade. Officer Lounsbury stated that the passenger identified the clerk at Silver Bell Liquor who sold him the alcohol as Jaswinder Mundi. The driver and passenger were both cited for being under the age of 21 and possessing alcohol. The passenger was also cited for purchasing alcohol under the age of 21. Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. Decision It is my decision, based upon the testimony presented by the officers of the Eagan Police Department, along with the identification of the clerk by the underage individual who purchased alcohol at Silver Bell that the violation did occur as identified in the incident report prepazed by ~ /8' the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the second offense in a 24-month period, a $1,000 civil penalty shall be imposed. *Although this violation was one often that occurred on May 9, the civil penalty imposed was for a second violation in accordance with the penalty schedule contained in Eagan City Code, Chapter 5, Section 5.02, Subd. G since the establishment was not notified after each violation but was notified at the end of the evening. The licensee was informed that, should any future violations occur, each of the ten violations would be individually counted when determining the cumulative number of violations against the establishment. Dated: (,P~2 D ~~3 '~ //~~ Signed: /V/GLt.t.~... /~~ Maria Karels Administrative Hearing Officer a~9 ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-2996 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Detective Bolluyt observed two occupants of a blue Honda Civic SI Coupe, who appeared to be underage females, entering and leaving Silver Bell Liquor. Both individuals were carrying packages as they left the store. Sergeant McGrath conducted a traffic stop of the suspect vehicle. Both occupants of the vehicle were under the age of 21. Another passenger of the vehicle who was in the back seat was identified as being 22 years old. The alcohol was located underneath of the back of the front passenger seat. The alcohol consisted of a bottle of rum purchased by the driver and another bottle of alcohol purchased separately by the passenger. Both the driver and passenger who purchased the alcohol stated that they had purchased alcohol from Silver Bell Liquor in the past. They also reported that it is widely known that anyone can buy at Silver Bell and many of their underage friends frequent this location. The driver also stated that if you are an attractive female you will never have a problem buying alcohol at Silver Bell. Both individuals purchased their alcohol from the same clerk. The driver identified the clerk at Silver Bell Liquor who sold them the alcohol as Jaswinder Mundi. The driver and passenger were both cited for being under the age of 21 and possessing alcohol. (This Case File is related to Case File No. 03-2997. Case File No. 03-2996 pertains to the driver who purchased alcohol and was cited and Case File No. 03-2997 pertains to the passenger who also purchased alcohol and was cited.) Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. ago Decision It is my decision, based upon the testimony presented by the officers of the Eagan Police Department, along with the identification of the clerk by the underage individual who purchased alcohol at Silver Bell that the violation did occur as identified in the incident report prepared by the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the second offense in a 24-month period, a $1,000 civil penalty shall be imposed. *Although this violation was one often that occurred on May 9, the civil penalty imposed was for a second violation in accordance with the penalty schedule contained in Eagan City Code, Chapter 5, Section 5.02, Subd. G since the establishment was not notified after each violation but was notified at the end of the evening. The licensee was informed that, should any future violations occur, each of the ten violations would be individually counted when determining the cumulative number of violations against the establishment. Dated: ~~,~ U~ f~3 Signed: V ~l ~~~1.. ~~C.t.t.(J'~ Maria Karels Administrative Hearing Officer aai ADMINISTRATIVE BEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-2997 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Detective Bolluyt observed two occupants of a blue Honda Civic SI Coupe, who appeared to be underage females, entering and leaving Silver Bell Liquor. Both individuals were carrying packages as they left the store. Sergeant McGrath conducted a traffic stop of the suspect vehicle. Both occupants of the vehicle were under the age of 21. Another passenger of the vehicle who was in the back seat was identified as being 22 years old. The alcohol was located underneath of the back of the front passenger seat. The alcohol consisted of a bottle of rum purchased by the driver and another bottle of alcohol purchased separately by the passenger. Both the driver and passenger who purchased the alcohol stated that they had purchased alcohol from Silver Bell Liquor in the past. They also reported that it is widely known that anyone can buy at Silver Bell and many of their underage friends frequent this location. The driver also stated that if you are an attractive female you will never have a problem buying alcohol at Silver Bell. Both individuals purchased their alcohol from the same clerk. The driver identified the clerk at Silver Bell Liquor who sold them the alcohol as Jaswinder Mundi. The driver and passenger were both cited for being under the age of 21 and possessing alcohol. (This Case-File is related to Case File No. 03-2996. Case File No. 03-2997 pertains to the passenger who purchased alcohol and was cited and Case File No. 03-2996 pertains to the driver who also purchased alcohol and was cited.) Mr. Mundi stated that he checks the identification of everyone at Silver-Bell Liquor. a aa- Decision It is my decision, based upon the testimony presented by the officers of the Eagan Police Department, along with the identification of the clerk by the underage driver of the vehicle who purchased alcohol at Silver Bell that the violation did occur as identified in the incident report prepared by the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the second offense in a 24-month period, a $1,000 civil penalty shall be imposed. *Although this violation was one often that occurred on May 9, the civil penalty imposed was for a second violation in accordance with the penalty schedule contained in Eagan City Code, Chapter 5, Section 5.02, Subd. G since the establishment was not notified after each violation but was notified at the end of the evening. The licensee was informed that, should any future violations occur, each of the ten violations would be individually counted when determining the cumulative number of violations against the establishment. Dated: ~ ~a~~ 03 Signed: -/"(gym- ~~"~ Maria Karels Administrative Hearing Officer aa3 ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-3001 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Detective Bolluyt observed two occupants of a white Misubishi Diamante, who appeared to be underage males, entering and leaving Silver Bell Liquor. Both individuals were carrying packages as they left the store. Sergeant Johnson spoke on behalf of Officer Ondrey who conducted a traffic stop of the suspect vehicle. Both male occupants of the vehicle were under the age of 21. The alcohol was located in the trunk and consisted of three bottles of vodka. The driver purchase one bottle and the passenger purchased the other two. Both the driver and passenger who purchased the alcohol stated that everyone goes to Silver Bell Liquor to purchase alcohol and that if you are nice to the clerk he will not ask for any identification. Both individuals purchased their alcohol from the same clerk. The both identified the clerk at Silver Bell Liquor who sold them the alcohol as Jaswinder Mundi. The driver and passenger were both cited for being under the age of 21 and possessing alcohol and were also cited for purchasing alcohol under the age of 21. (This Case File is related to Case File No. 03-3009. Case File No. 03-3001 pertains to the driver who purchased alcohol and was cited and Case File No. 03-3009 pertains to the passenger who also purchased alcohol and was cited.) Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. a~~ Decision It is my decision, based upon the testimony presented by the officers of the Eagan Police Department, along with the identification of the clerk by the underage individuals who purchased alcohol at Silver Bell that the violation did occur as identified in the incident report prepared by the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the second offense in a 24-month period, a $1,000 civil penalty shall be imposed. *Although this violation was one often that occurred on May 9, the civil penalty imposed was for a second violation in accordance with the penalty schedule contained in Eagan City Code, Chapter 5, Section 5.02, Subd. G since the establishment was not notified after each violation but was notified at the end of the evening. The licensee was informed that, should any future violations occur, each of the ten violations would be individually counted when determining the cumulative number of violations against the establishment. Dated: (o /o? 0~ 03 Signed: ~G~.~t.0~. ~~~~ Maria Karels Administrative Hearing Officer aaS ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-3009 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Detective Bolluyt observed two occupants of a white Misubishi Diamante, who appeared to be underage males, entering and leaving Silver Bell Liquor. Both individuals were carrying packages as they left the store. Sergeant Johnson spoke on behalf of Officer Ondrey who conducted a traffic stop of the suspect vehicle. Both male occupants of the vehicle were under the age of 21. The alcohol was located in the trunk and consisted of three bottles of vodka. The driver purchase one bottle and the passenger purchased the other two. Both the driver and passenger who purchased the alcohol stated that everyone goes to Silver Bell Liquor to purchase alcohol and that if you are nice to the clerk he will not ask for any identification. Both individuals purchased their alcohol from the same clerk. The both identified the clerk at Silver Bell Liquor who sold them the alcohol as Jaswinder Mundi. The driver and passenger were both cited for being under the age of 21 and possessing alcohol and were also cited for purchasing alcohol under the age of Z 1. (This Case File is related to Case File No. 03-3001. Case File No. 03-3009 pertains to the passenger who purchased alcohol and was cited and Case File No. 03-3001 pertains to the driver who also purchased alcohol and was cited.) Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. a~6 Decision It is my decision, based upon the testimony presented by the officers of the Eagan Police Department, along with the identification of the clerk by the underage individuals who purchased alcohol at Silver Bell that the violation did occur as identified in the incident report prepared by the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the second offense in a 24-month period, a $1,000 civil penalty shall be imposed. *Although this violation was one often that occurred on May 9, the civil penalty imposed was for a second violation in accordance with the penalty schedule contained in Eagan City Code, Chapter 5, Section 5.02, Subd. G since the establishment was not notified after each violation but was notified at the end of the evening. The licensee was informed that, should any future violations occur, each of the ten violations would be individually counted when determining the cumulative number of violations against the establishment. Dated: ~P /~ ~/ 0 3 Signed: t.~Gt.y~-~~ ,~~~-J Maria Karels Administrative Hearing Officer a~~ ADMINISTRATIVE HEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-3005 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 9, 2003 by selling alcoholic beverages to a minor? Background On May 21, 2003, Balbir Shoker, from Silver Bell Liquor, requested a heazing to appeal the liquor sales violation that occurred on May 9, 2003. This was the second violation for Silver Bell Liquor in a 24-month period. The hearing was held on June 4. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer and Jaswinder Mundi, officer/clerk and on behalf of the Eagan Police Department were Sergeant Kevin McGrath, Sergeant Greg Johnson, Detective Steve Bolluyt, Detective Dan Mason, Officer Steve Lounsbury and Officer Tracy Harrell. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact On May 9, after receiving reports of minors possibly en-route to Silver Bell to purchase alcohol, Eagan police officers set up surveillance of the establishment. Officer Lounsbury was in the entryway at Silver Bell Liquor with one of the minors from Case File No. 03-2998 who was identifying the clerk who sold him alcohol. At this time, he observed two occupants of a brown Chevy S10 Blazer, a male and female who appeared to be underage, enter Silver Bell Liquor. He observed as the female brought a bottle of Jose Cuervo Tequila to the counter and the male brought an 18 pack of Miller Genuine Drafte bottles to the counter. The female gave the clerk a $100.00 bill and the clerk gave her back the change. At no time did Officer Lounsbury observe the clerk ask for, or take, any identification from the female who was purchasing the alcohol. The female did not attempt to give the clerk any form of identification before paying for the alcohol. Officer Lounsbury was in the entryway of the store during this transaction and was looking over a display inside the store behind the clerk who was at the cashier's station at the front of the store. After the two individuals left the store, Officer Lounsbury stated that he went to the passenger side of the vehicle and inquired how old they were., Both were under the age of 21. The female stated that she paid for the alcohol and was never asked for any identification by the clerk. She told the officer that everyone knows that underage people can come and buy liquor at this store, especially girls. She said she has been aware of this for approximately two yeazs and that everybody in Eagan, Burnsville and probably Apple Valley knows about Silver Bell Liquor selling to minors. The male was cited for minor possession of alcohol and the female was citied for minor in a licensed establishment, minor purchase of alcohol and also minor possession of alcohol. After ~~a releasing the two individuals from the location, Officer Lounsbury made contact with the employees of Silver Bell Liquor, which included Jaswinder Mundi, the clerk and Balbir Shoker, the owner. At this time, Sergeant McGrath and Detective Bolluyt were with Officer Lounsbury. Mr. Mundi was arrested, booked and later released from the Eagan Police Department. He was subsequently issued a citation for sale of liquor to a minor. Mr. Mundi stated that he checks the identification of everyone at Silver Bell Liquor. Decision It is my decision, based upon the testimony presented by the Eagan police officer who witnessed the transaction that the violation did occur as identified in the incident report prepared by the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the second offense in a 24-month period, a $1,000 civil penalty shall be imposed. *Although this violation was one often that occurred on May 9, the civil penalty imposed was for a second violation in accordance with the penalty schedule contained in Eagan City Code, Chapter 5, Section 5.02, Subd. G since the establishment was not notified after each violation but was notified at the end of the evening. The licensee was informed that, should any future violations occur, each of the ten violations would be individually counted when determining the cumulative number of violations against the establishment. Dated: (n~.?a/o3 Signed: ~ /V ILtit~L.~~ Maria Karels Administrative Hearing Officer aay ADMINISTRATIVE BEARING REPORT REGARDING LIQUOR SALES VIOLATION -SILVER BELL LIQUOR Eagan Police Case File 03-3422 Issue Did Silver Bell Liquor, Inc., Silver Bell Liquor, located at 1983 Silver Bell Road, violate Minnesota Statutes Section 340A.101 et. seq. and Eagan City Code, Chapter 5 on May 23, 2003 by selling alcoholic beverages to a minor? Background On June 9, 2003, Balbir Shoker, from Silver Bell Liquor, requested a hearing to appeal the liquor sales violation that occurred on May 23, 2003. In the alcohol sales violation notice sent to Silver Bell Liquor, this was cited as the twelfth violation for the establishment in a 36-month period. Per Eagan City Code, when a violation is the fourth or more, the timeframe is extended from 24 months to 36 months. In checking past records, one additional violation was found to have occurred on January 31, 2001 at Silver Bell Liquor. The clerk involved in the failed compliance check was Jaswinder Mundi. This violation was added to the cumulative number of violations thus bringing the total to 13 in a 36-month period. The requested hearing was held on June 18. In attendance on behalf of Silver Bell Liquor were: Balbir Singh Shoker, officer; Jaswinder Mundi, officer/clerk; Rebecca Adams, attorney representing Silver Bell Liquor and on behalf of the Eagan Police Department were Sergeant Kevin McGrath and Detective Steve Bolluyt. I served as the administrative hearing officer on behalf of the City of Eagan. Findings of Fact On May 23, 2003 alcohol compliance checks were conducted by the Eagan Police Department. Silver Bell Liquor successfully passed the compliance check involving a volunteer citizen who was under the age of 21. Detective Bolluyt stated that surveillance of the establishment was set up later because of past incidents involving the sale of alcohol to minors. He said that he observed a male driver, and sole occupant of a green Chevrolet Malibu, enter Silver Bell Liquor. He further said that he appeared to be under the age of 21. He added that while the driver was inside the establishment, a second male, also appearing to be under age 21, came from an unknown location and entered the passenger side of the vehicle. Upon the driver's return, he was carrying a brown paper sack and a case of Miller Lite beer. He said the driver opened the trunk of the vehicle and placed the brown sack in the vehicle and began to place the beer in a cooler and cover it with ice. A traffic stop was then conducted by Detective Bolluyt. The driver confirmed that he was 20 years old. When advised that the detective had seen him place alcohol in the trunk, the driver confessed to having purchased alcohol at Silver Bell Liquor although he initially denied having a 3d anything in the vehicle that he was not of legal age to possess. The Miller Lite beer and a bottle of Seagram's 7 Whiskey were removed from the trunk. The driver advised that he purchased the alcohol from Silver Bell Liquor from an individual he described as dark-skinned and without facial hair. Detective Bolluyt advised the driver that he had observed three individuals in the business, two wearing baseball caps and one without. The driver stated that the person who sold him the alcohol was not wearing a cap, one individual in the store was wearing a hat and the other person was bald. The driver declined to return to Silver Bell Liquor to identify the sales clerk. The driver said that he has been purchasing alcohol from Silver Bell since he was a junior in high school and has purchased from the same individual on numerous occasions and believed his last name started with an M. The driver was cited for minor purchase of alcohol. Detective Bolluyt, with the assistance of Sergeant McGrath and Officer Letourneau, returned to Silver Bell Liquor and identified the clerk as Jaswinder Mundi. Detective Bolluyt informed Mr. Mundi that he had observed a party who had been identified as under the age of 21 purchase alcohol at the establishment. The only other two individuals in the store at the time of his conversation with Mr. Mundi were the owner who was wearing a baseball cap and another individual, identified as a friend of the owner, also wearing a baseball cap but who did appeaz to be bald. The price of the bottle of Seagram's, an 18 count case of Miller Lite and bag of ice was determined by Detective Bolluyt; however, after additional review of the image of the cash register tape, officers were unable to locate any purchases matching the amounts consistent with those items purchased by the minor. Mr. Mundi was issued a citation for sale of liquor to a minor. Mr. Mundi was adamant that he checks the identification of anyone appearing to be under the age of 35. According to Detective Bolluyt, the minor said that Mr. Mundi had requested to see some identification; however, he stalled Mr. Mundi and only presented cash for the purchase. Upon presentation of the cash, Mr. Mundi no longer asked for identification and the minor never presented any. During a conversation with the owner, Balbir Shoker, Detective Bolluyt was informed that Mr. Mundi was the only person who had been ringing up sales between the hours of 8:00 p.m. and the time of their conversation. (The incident involving the minor occurred at 8:20 p.m.) Ms. Rebecca Adams, the attorney representing Silver Bell Liquor, asked Detective Bolluyt if he had seen Mr. Mundi sell to the minor in question, if he found a receipt matching the items purchased and if he saw any money being exchanged between Mr. Mundi and the minor. Detective Bolluyt answered no to all three questions, but said he would be hesitant to say there was no record of the sale since questions have been raised regarding the businesses practices of this establishment and their record keeping. She raised a question as to the credibility of the minor since he had initially denied that there was anything illegal in the vehicle he was driving. She questioned if it was possible that the minor has presented false identification to the clerk. Detective Bolluyt said that the clerk initially asked for identification but then was stalled by the minor and ultimately sold to him without seeing the proper identification. Sergeant McGrath stated that, when asked about this particulaz sale including the Seagram's, Miller Lite and bag of ice, Mr. Mundi never denied serving this individual, but rather insisted a3~ that he carded the person. Sergeant McGrath noted that it is common practice for Silver Bell not to issue receipts and alluded to questionable business practices by this establishment. Mr. Balbir Shoker confirmed that Jaswinder Mundi was in fact the only person ringing sales that evening. Mr. Shoker acknowledged that he was wearing a baseball cap that evening and was not sure if his friend was. He said that Mr. Mundi was not wearing a cap. When asked, Mr. Mundi twice stated that he cards everyone, regazdless of age, who purchases alcohol even if they aze simply with the purchaser and not buying any alcohol. Sergeant McGrath and Detective Bolluyt stated that while they were in the store they witnessed sales where Mr. Mundi did not ask for identification from the individuals purchasing alcohol. Ms. Adams stated that the owners acknowledge that there have been some problems at the establishment. She added that they are registered with a broker to sell the business and have a signed purchase agreement with a proposed purchaser who plans to apply for a liquor license within the next few days. She asked if the City of Eagan would continue a stay of the suspension of the liquor license and/or fine if the purchase is completed by August 1, 2003. She added that the owner of the establishment would be agreeable to prohibiting Mr. Mundi from making any sales during the interim period. I explained that my findings would be presented to the City Council at the July 1, 2003 City Council meeting for their consideration of a civil penalty, suspension and or revocation. I told Ms. Adams that I would also present the establishment's request to stay any punishment pending the sale of the business. (A copy of the purchase agreement was submitted.) Decision It is my decision, based upon the testimony presented by the Eagan police officer, along with the description of the clerk and the statement made by the underage individual who purchased alcohol at Silver Bell that the violation did occur as identified in the incident report prepared by the Eagan Police Department. Eagan City Code, Chapter 5, Section 5.02, Subdivision 4 (G) states that, upon the fourth or more offense in a 36-month period, a $2,000 civil penalty shall be imposed and the license shall be suspended for 30 days, unless a greater civil penalty, suspension or revocation is otherwise determined by City Council. In addition, the foregoing penalty shall not restrict the City Council from ordering the revocation of the license, suspension of the license for up to 60 days, a civil penalty up to $2,000 or any combination thereof. Dated: ~~aa~o3 Signed: Gt~Ul6l, /~cz,~,~ Maria azels Administrative Hearing Officer a3~ EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on July 1, 2003, at b:30 p.m. The following members were present: and the following were absent: none. introduced the following resolution and moved its adoption: CITY OF EAGAN A RESOLUTION IMPOSING ADDITIONAL CIVIL PENALTY AND LICENSE ACTION UPON SILVER BELL LIQUORS (LICENSEE) WHEREAS, the City of Eagan (the "City") has issued on off-sale liquor license for the sale of alcoholic beverages to Silver Bell Liquor (the "Licensee"); and WHEREAS, violations of applicable state laws and City Code provisions relating to alcohol beverages, namely: sale of an alcoholic beverage to a person under the age of 21, have occurred on the licensed premises of the Licensee on January 31, 2001, April 4, 2003, May 9, 2003 and May 23, 2003, all in violation of Minnesota Statutes, Ch. 340A. and Eagan City Code, Ch. 5; and WHEREAS, Chapter 5, Section 5.02, Subdivisions 4(G) and (H) of the Eagan City Code sets forth the hearing procedure and related penalties for liquor licensees that fail to comply with state statutes and city code provisions relating to alcohol beverages; and WHEREAS, the Licensee had an opportunity to be heard at an administrative hearing in connection with the January 31, 2001 and April 4, 2003 violations; the Licensee did not request a hearing and thus, it is deemed to have waived its right to a hearing; and WHEREAS, the Licensee has had an opportunity to be heard, and was heard, at a hearing held on June 4, 2003, presided over by the hearing officer, in connection with the May 9, 2003 violations; and WHEREAS, the Licensee has had an opportunity to be heard, and was heard, at a hearing held on June 18, 2003, presided over by the hearing officer, in connection with the May 23, 2003 violation; and WHEREAS, the hearing officer found and concluded that eight of the 10 violations on May 9, 2003, occurred and the violation on May 23, 2003 occurred; and WHEREAS, the City Council has reviewed the Findings of Fact and Decisions of the hearing officer in connection with the May 9, 2003 violations and May 23, 2003 violation; and ~~ WHEREAS, the Eagan City Council finds that the Licensee committed four (4) violations of the state statutes and Eagan City Code relating to regulation of alcoholic beverages, namely: unlawful sale of alcoholic beverages to underage persons, within a 36 month period. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby adopts the Findings of Fact and Decisions of the hearing officer in connection with the May 9, 2003 and May 23, 2003 alcohol violations by the Licensee or its employees; and BE IT FURTHER RESOLVED that the Eagan City Council hereby imposes the following additional civil penalty(s) and license action upon the Licensee: January 31, 2001 Sale to Underage Person Violation Additional Penalty Imposed: a. $ (up to $1,500.00) civil penalty b. days license suspended (up to 60 days), beginning , 2003 c. License is/is not Revoked. 2. April 14, 2003 Sale to Underage Person Violation (ls` within 24 months) Additional Penalty Imposed: a. $ (up to $1,500.00) civil penalty b. days license suspended (up to 60 days), beginning , 2003 c. License is/is not Revoked. 3. May 9, 2003 Sale to 8 Underage Persons (2"d within 24 months) Additional Penalty Imposed: a. $ (up to $1,000.00) civil penalty b. days license suspended (up to 60 days), beginning , 2003 c. License is/is not revoked. 4. May 23, 2003 Sale to Underage Person (4th within 36 months) Additional Penalty Impose: a. $0.00 civil penalty b. days licensed suspended (up to 30 days), beginning , 2003 c. License is/is not revoked. BE IT FURTHER RESOLVED, Licensee shall pay the civil penalties imposed herein and as previously administratively imposed (and remains unpaid) within 30days of the date of this Resolution. a3~ CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Karels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1St day of July, 2003. Maria Karels, City Clerk X35 PURCHASE AGREEMENT fFor Leased Real Pro erg rtvl Dated: DUNE 16. 2003. 1 . IDENTIFICATION OF PARTIES AND ASSETS TO BE SOLD NAME AND ADDRESS OF "BUYER": NAME AND ADDRESS OF "SELLER": NAME AND ADDRESS OF THE "BUSI MAILA YANG 260 NORTH STAR LANE CIRCLE PINE5, MN 55014 NESS": SILVER BELL LIQUOR ~ N ~- 1983 SILVER BELL ROAD EAGAN, MN 55122 Buyer agrees to purchase from Seller certain of the assets of the Business including, but limited to, all furniture, fixtures and equipment listed in the attached "EXHIBIT "A", together with all other assets located on the Business premises and used in the Business, but specifically excluding cash on hand, deposits, bank accounts, prepaid expenses, account receivables and inventory. Included in the assets purchased by Buyer is anon-compete agreement granted by Seiler. Buyer does not agree to assume any Liabilities except as specifically set forth herein. [Inventory is handled separately in ¶4. 2. EARNEST MONEY. Buyer has paid RESTAURANT BROKERS OF MINNESOTA, INC./ IAII/~~~?~~f lllAIAICCnTA (hereinafter called "Broker") the sum of FLVE THOUAND Dollars and no/100 ($ S,p00) as earnest money. It is hereby specifically acknowledged and agreed that Buyer's earnest money, referenced above, is in the form of a check made payable to Broker and that SAID CHECK WILL NOT BE DEPOSITED UNLESS AND UNTIL THIS PURCHASE AGREEMENT IS ACCEPTED BY Seller. Upon acceptance by Seller hereof, Buyer's earnest money Check shall be deposited in Broker's trust account not later than the next business day following Seller's acceptance hereof. ff Buyer's offer is not accepted by Seller within three days of the date of this Purchase Agreement, said earnest money check shall be resumed to Buyer not later than the next business day following Seller's rejection hereof. 3. PRICE AND TERMS. The purchase price for these assets [Excluding inventory] is ONE HUNDRED FIFTY FIVE THOUSAND Dollars and no/100 ($155.000), which the buyer agrees to pay in the following manner: The sum of EVE THOUSAND Dollars and no/100 ($ 5.000) shall be paid to RESTAURANT BROKERS OF MINNESOTA, INC. / Trust Account as earnest money, and the sum of ONE HUNDRED FITY THOUSAND Dollars and no/100 (8150.000) shall be paid to RESTAURANT BROKERS OF MINNESOTA, INC./ by certified check at the time of closing. 4. INVENTORY. In addition to the foregoing,. the Buyer agrees to purchase the inventory located on the premises at the time of closing, with the sale price of the inventory to be based on current wholesale price lists. Buyer understands inventory to be approximately: S€VENTY FIVE THOUSAND Dollars and no/100 ($75.000). ~`he Buyer and Seller mutually agree that the inventory shat( be taken by Buyer and Seller. a36 5. NON-COMPETE AGREEMENT. The Seller [and if a corporation, its principals] agrees that it shall not enter into or work for any competing business with the business being sold herein as individuals or corporation, owner or employee, within a radius of ~ miles of this business establishment and for a period of ~ years. 6. CONSULTING. The Seller or his representative herein agrees to assist the Buyer in the orderly transfer of the business and for that purpose will make himself available for consultation for a period of two (2) weeks after date of closing at no cost to Buyer. 7. ALLOCATION. It is expressly understood by all parties that the total purchase price shalt be allocated among the several kinds of property being sold, to wit: furniture, fixtures, equipment, good will, trade name, consuhing agreement, and covenant not to compete. However, Buyer and Seller may agree to allocate after date of closing and such allocation will not be contained in this Purchase Agreement. 8. SELLER'S EMPLOYEES AND LIABILITIES. All employees' accrued vacation pay and other accrued benefits are the property of and the responsibility of the Seller. Employment contracts, if any, are the property of and the responsibility of the Seller. All accounts payable are the responsibility of Seller as of the date of closing. The Seller shall be responsible for all federal, state and local taxes, including social security, unemployment and state and federal withholding deductions and taxes as of the date of closing. 9. SELLER'S WARRANTIES. 9.1 Condition of Property. Seller covenants and warrants that all fixtures and equipment on the premises are in good and operating condition at the time of closing and meet all ordinances and codes of city, county, state, and federal requirements and Buyer, or his agent, shall have the right to make reasonable inspection of the premises prior to closing for this purpose. 9.2 Title. Seller hereby warrants that it is the owner of the property hereby sold to Buyer and that Seller has full right, title and authority to enter into this Purchase Agreement. Seller hereby represents and warrants to Buyer that Seller will make a full and complete disclosure to Buyer of all liens, leases, security interests, judgments or other encumbrances against the property hereby sold to Buyer and further hereby warrants to Buyer that this Purchase Agreement shall not violate or constitute a default or breach in any agreement, whether relating to an encumbrance on the property or otherwise, arising out of or in connection with any or all of the property hereby sold to Buyer. 9.3 Ha2ardous Waste. Seller certifies to the best of his/her/its knowledge there are no hazardous wastes above, below or on the land being conveyed, except herein noted: 10. BUYER'S CONTINGENCIES. 10. t F i n a n c i a I s. This Purchase Agreement is further subject to, and contingent upon, the Buyer's satisfactory examination of all books and financial record of the business being sold. The Seller, shall within a reasonable time after acceptance of this offer, furnish to Buyer all such books, ledgers, journals, receipts, etc., as Buyer shall deem necessary for said examination. The Buyer shall have ten (10) days after receipt to examine the books and financial records, and to release this contingency. If the Buyer exercises this contingency, he shall notify the Seller or the Seller's agent in writing, and upon such notice, this Purchase Agreement shall become null and void, and all earnest monies paid herein shall be returned to the Buyer. If the Buyer does not exercise the option in writing after the examination, as provided herein, this contingency shall be considered removed and the Buyer shall be deemed to have waived his right to void this Purchase 2 ~3% Agreement for this reason. 10.2 Licenses. This Purchase Agreement is subject to and contingent on Buyer securing a!I licenses necessary to operate this business in the same manner as the business is now operated. Buyer shall use every effort to expedite all license applications required, if any, and to procure said license as soon after this Purchase Agreement has been signed and executed. In the event Buyer cannot obtain said licenses, this Purchase Agreement shall become void and of no effect and all earnest monies paid herein shall be return to Buyer. 10.3 Lease. This offer is contingent upon Buyer's examination and reasonable satisfaction with the present lease of the Business premises, including assignment of lease to Buyer. In the event said lease is not reasonably satisfactory to the Buyer, this Purchase Agreement shall become null and void, and of no effect and all earnest monies paid herein shall be returned forthwith. All utilities and licenses, -where applicable, shall be returned forthwith. 1 1 . CLOSING. The closing of this transaction shalt be held on or before AUGUST 1. 2003 . or as soon thereafter as can be accomplished. 1 1.1 Documents to be Delivered by Seller. Subject to the perFormance by Buyer, the Seller agrees to execute and deliver the following documents at closing: (X) Bill of Sale; 1 1.2 Possession. Seller agrees to deliver possession of the premises on the closing date, or other mutually agreed upon date. 11.3 Prorations. All utilities and licenses, where applicable, shall be pro-rated as of the date of closing. 1 2. AGENCY REPRESENTATION AND COMMISSION. The Seller verifies that the Seller is represented by RESTAURANT BROKERS OF MINNESOTA, INC. / Seller agrees to pay commissions owing to Seller's broker/agent at closing. S A'tw A N T g~ A,e is acting as a subagent for the Seller and shall be paid by Seller's broker/agent at closing. No other commissions are owing to any other broker/agents. 1 3. RISK OF LOSS. In the event this- property is substantially damaged or destroyed prior to closing of the sale, it shall be the Buyer's option to proceed or declare this sale null and void with all earnest monies paid to be returned to Buyer. 1 4. INSURANCE. Buyer agrees to maintain fire and extended insurance coverage in a specific amount including liabilities, where applicable, at least in the interest of the Seller as the Seller's interest shall appear. ~ Buyer shalt, at Buyer's option, assume the Seller's insurance coverage at the time of closing, in which event the premiums payment for insurance will be pro-rated as of the date of closing. 1 5. ENTIRE AGREEMENT. This Purchase Agreement supersedes all prior agreements and understandings, oral and written, between the parties hereto regarding this business sale and cannot be changed or terminated orally. Furthermore, this Purchase Agreement with exhibits constitutes the entire agreement of the parties as to this business sale. 1 6. MISCELLANEOUS. This Purchase Agreement shall be construed in accordance with and governed by the Laws of the State of Minnesota. The covenants, terms and conditions of this Purchase Agreement shall be, and hereby are, deemed to survive the date of closing of the 3 ~98~ transaction contemplated herein. 17. EXHIBITS. Exhibit "A" -Furniture, fixtures and. equipment list, plus items not being sold with the business. Exhibit "B" -Agency disclosure to Buyer and Seller is attached. 1 8. TIME is of the essence for all provisions of this contract. 1 9. OTHER TERMS. It is understood and agreed that this sale is made subject to the approval of the owners of the premises in writing (Seller), and that RESTAURANT BROKERS OF MINNESOTA, INC./ INVESTORS OF MINNESOTA, as agent, is in no manner liable on account of this agreement, and said agent shall not be liable on account of any representations of fact made to induce this sale, other than those in writing. a39 I have carefully inspected and examined, or will be inspecting and examining the above-described premises, property and equipment and have satisfied myself, or will satisfy myself that they are as represented, and hereby agree to purchase the said property for the price and upon the terms contained herein and also agree to the conditions for forfeiture stated herein. BUYER (Corporation) BUYER (individual) 8y: Title: Dated: ~ ~ ~ 6 ~ Q 3 SELLER (Corporation) SELLER (Individual) S ~ l~v~c,~ ~ ~ ~' u~ ~N~ By: ' J ~ Title: t~'t~^ °~.°,~ ~ , Dated: ~ "- I ~ ~ y 3 Dated: The undersigned principals of the Seller sign this Purchase Agreement with the intent to be personally bound by the Covenant Not To Compete set forth in ¶5 and the Covenants, Representations and Warranties set forth at ¶¶9 and 12. CORPORATE SELLER'S PRINCIPALS THIS PURCHASE AGREEMENT IS NOT A BINDING CONTRACT UNTIL SIGNED BY BUYER AND SELLER. THEN IT BECOMES A LEGALLY BINDING CONTRACT. IF THERE ARE ANY TERMS IN THIS PURCHASE AGREEMENT WHICH YOU DO NOT UNDERSTAND, SEEK COMPETENT LEGAL ADVICE. 5 ~-~o Chy otEasan ~~.._...-- - ~ , . . 3530 Plot Boob Aoad APPLICATION FOR LICENSE Lioenx Jar Ewan, MN sS17,2-1497 TREE MA>]~1TENANCE CONTRACTOR ~..,:e,„ . t/ ,, For lodi.idual, parteers6lp or torporatbn ~ ''"` wLo tot, trim, prone, tremo.e apcay or trot trees. I, ~ ~ t+ereby make appiiation for a TREE MAIIVTENANCE CONTRACTOR for the Tar~,~ hom We Cky otEaOttn. OVFNER: ADDRESS: ~ ~PAONE~/ ~~~ (street) (dtY) ) (s1P) BUSINESS ~~~~ - . NAME• ~ DRESS: ~~ PHONE / (strat) (titY) (state) (~P) EMPLOYEES PERFORMING TREE MAINTENANCE: Namr. (mkidie) (last) Name (first) (mlddk) (last) Name: (first) (middle) (last) Name; (first) (middle) (last) (ATTACH ADDTIIONAL NAMES) VEHICLES USED FOR TREE MAIl~TENANCE: (Dame) Vim') (name) Gar) (make) .a'C/ (license number) pkense number) (came) Gar) (make) (modeq pkmse anmtxr) (ATTACH ADDITIONAL VERICLE D~iFORMATION) EQU~'MENT USED FOR TREE MAII~'I'ENANCE: (e.~., slump Orfoda, brvsb clipper, titialosaws, sprayer, (came) (tunctbn) (ATTACA ADDITIONAL EQUIPMENT DHFORMATION) ......... . s~ ~ avu, ~.L1LPl1J: ~"` ~ (name) (address ~~ (pboae ~ ~~ T (name) (sddresa) (pbose n REQiJIitED DOCUMENTATION: 1. Lability rttnrana hs the tolbwia~ amounts: :100,000 for bodlly igjurks to oae person Ihom ooe aecidest. ~ =300,000 for Iq~nr~ of two or more pasoas ~ :200,000 for damage or destroctba of property insurance may sot be canceled by insurer aakss there r 10 days written .otloe to the dty. it insaraua r necekd, licensee most replay witb anotber polky whk6 tontorms to ordinance requirements. The ticen9e r saspeaded antil hunrana r replaaa. 2 ~ Worker's canpensatbo tnsnranet certitkate • when inch losnraaa r required by state statntt. Certltkatbe by Agronomy Dlvtsbn of Minnesota Department of AOricokuro as a CommercW Pestkide Applicator must be provided by the appikant or empbyee admtnkterin= chemkal substances. " `~`57r`K~hS`7lu (title) (ante) oFFlce usE: Date Paid: Receipt /: Amount r+eoei.ed: City CouncO Approval: (date) SICNATUItE OF APPLICANT: 04/03 '03 17:11 N0.333 02 Mimesota Dcpart+~cnt of Public Safcn' d,±ic • ""~ ' a ' LIQUOR. CONTROL DIV [SION ,a~ ,~ t ''~~ Y , j 4d4 Cedar 9., mite fitly L. Sit, P.ul. MN SS 1R 1-Z 15G ,{~,ti ~r . l ~ (611)29G•6434 TTY G IZ)181-G555 : ` ' • • ( .,~ ++? APPL1CATtQN FOR COUNTY/C[TY ON-SALE W[NE LtCENSE (Not to cxccod 1496 of alcohol br•.•oltmte) EVERY QUE57'ION MUST' BE ANSW FRED. If a corporation, an otTitxr shall execute this app4icrtion. If a partnership, • partner s~a11 executetbig applicatioa.(PS9114.94) Worl;cre compwGtuiofl insurmoce oornpany. Neotc r! t .~•Cf~t./_/~'I t~,~i&~ Paliry ~fJtL1C ~ (9 / ° ~f~ sGl ")9'LY~ LlCENSF.C'S SALES & tfSl; TAX 1n # r J To 1<~ for sales tare #. ca11296.618 I or I.800•b57-3777 A pticaots Name(F3u~iness. P.ttrtnrtsbip. Corporation) ~ 7iade N e or DBA, n - J~ dh° o i7clf c - ~ vi c. s ~.-!J r r3tisiness A e,s ~ 13usiuess PZxooe. Applicant's Nottte P6onc City ~ w m f~ County Q ~:.t.(~ ~ ~~ Z 31 ~ z ~ . ,a- S Is this application 11 a lransi'er, Aide Warne of formar o~iaer License pariod Nc'.v «~ "' Transfer ~ ~ From To If a atioo, ' ~e Qane, titJc, eddro~c tmd dme oCbirtb ofeaci~ oVixr. rf, arincrs[,i . ~ •e name, address and dme of birth of each ~tacr. Partoct/(>fliccr Namc and title ~ C~ecv t•S ~,~s~ d..t2 vt~ Address s~ n~ e 13v~,ld.~t- cc~ ~3 OCZ33 a ~4- Partner/ tear Nag, ,and T' Ic ()C --u.(~vt 1~~ c-t Pr ~s ; d t°~.-~"' .~ Add~ass -] I 1 I5;-FEC.vs'Ul Ct_°t ~t • Lin -n.d n~ C~ ~Z13 1a0$ c!°-/6 -1Q Partner/0~"tccr Naate and Title " Address DO$ 7- VC S'r ~( wi'~ :~~ tS u.. (/, C'~° is a'? !cw / 9 gl /,~ err GtJ.}t5, ~J 7 1 Partner/t,1X`iCCr Name and Title Address S,SD b ~ Dpg ~!t n>! ~G•M~t -~ c r ~ ~-~ -~-~- rr ~ d cite Ka w ~ s~~r ~ q-~~- CORFORATIONS. iKe n~o~p aim ><eotnaorpotrim Cert~~eNwnt-a txaaparrim.uhorixodtodoDuss+easn;ttimescu? ~ ~ ' l !~l ~r `'1 f a! 1•a c Ko If ~ subtidisry of arrttha OotportiQl. gi.e narm.rd sdcteat d'paret aotparxim p i ~ Qe~o.~,l'a,+'C (.a)v(Jd>~ e-.. ~Sti D ~- / f t . t.(r ~~ SUILI~ING AND. RE5TA URANT ;vame of bu'itdn=a-na LTG Nt-~'r~~.c~~LI.C c(d ~~ s,ccC 1. ,vc~P~Owtca-tc:~, u.P Oar1c4 eddMrs ~~ n2~Kc.f->te ,tee . , .S~c . ~ v oa ' K o us ncn~ . s s Arefr~myT~>~delinyutx° ItasNebuilde~goamermyc'anneaim.daeaaredirea. Rex,u a~tngcr~~ekY D Yes No v~'ththc lieatT D Yes No Rows food W'iA be aveilabte tin. ofpeapte reswrdtt at~ptoys No, dm~hspc yex ratwran k"itl food service betheprincQk butinest4 (~ 3 wilt be en /~- ~ YCS ^ NO /,S?a ~ wor s'a[~ th~l+ethepJemixesto tx liaeieed s, ~ lt° S~ r , ~' c t°- d i ~ g C ~w~.w~tvc.~~.-~ v~ f uc-(. ~zcc • t cL-~ %rs Itthere4aur+Y rc n omjtndiap w~ a~ttherbwitere(resdt,aGbdea~'betxreitas 4 yes ° ve C/i OTHER 1TTFORMAT70N D Yes ~No 1. 1 las the applicant of issociates beano gaoted an oti-sarc non•iatoxicaing tnah be+~erage (32) and/or ^ "set-up" Gcea se is oonj naaion with this wim [iceaae? , ^ Yes !A'No Z. fc the appricant «aety of the assotriatcs iII this application a manba of fire ootnlty board or the city' cottact~ a~bicb u•il1 isstite>bislis+aose? Vyes, m what eapaeiry? . t7frhe app4caat is tE~e spouse of a member ortbe 8o~vern~g body, or.aaother Caroily rclatiocship exists, tltic member shall not rota on this application.) L Yes RJ~fo 3. lhtring the past`lioeaeeyear, 6ris:a suaumontt boea .i~ucd undCr the liquor civil liability(Drata Shop) (M.5. 340A.$02). 1!'yes, >ittacb a oopy of the stururloas. NO LICENSE WILL BE APPROVED OR RELEASED UNTILTHE S20 RETAILER ID CARD FEE IS R]l;trErVED SY MLC -3 04/03 '03 17:12 N0.333 03 ~~ :. No 4. 1 Ins applicant, patinas, olliecrs ar emplayces cvet bad ar-~~ liquor lain riolatiotis m MioacsWa or elts~bsre. if Ao. gire narnes,datcs,vglations and Emil outcesuc_ ~1L L2-~'fA.~'.kPd :~ Yex ~to S • Ibrx at}• pcrsoo otbas thou the applicants, ba~•c a~~ right. title a mterc~ in tnc furuitore, Ilxtures or cquipmeat is tvc lioeased prtattist:s? if yes, pve nan,os and ddails. Yes ~',No 6. ! la~•e the applicants atry mtc~ests, ditartt}• a 6odireat~•. in an~• other liquor e¢abli~nueats m Mimcsota? Vyes, ~-•e came tatd address tithe establishmeiat` ;_.~~`~_,_~_. 1 CERTIFY TIiAT 1 HAVir Rf;AD Tllk AIIOS " QiJESTi AND TtLA'I' TIC: ANSv-'ERS ARE TR1JE ANU CORRECT TOTI•lE sssr ol:lyl~r owN KNOwi.~uc~.~~~--;~ = 5i~atvre of Applic,mt ~ ~-~ Uatc The IicCns~:m1!531~'e one of the following: l~edc ane ~( A. LiQuor Liabilin• Insuraaee (Dram Shop? 550,000 per person: S 100.000 morn tba» ooc p~seo: S 10,000 propcat}• dextrttdioo; 550.000 and S 100.000 for loss ot<oteaas of support. ATTACH "CFRTIFICA•IE OF' INSURANCE" TO TI•IIS FORM. C B. A Surety' hood from a sureh• rosapeoy with taiaimum ca~enlOe as spxi!'iod aba•c in A. O C. A ccrlilicatc fray tltc Slate Treasure! that the l,icxnsee h:s deposked with the Sato, ~1'ru:a Eustis hsviolt a mar3;et value of S 100.000 or S 100,400 m ca;~ or acarrities. ~(~, IF LIC•El\ SE IS ISSUED BY THE COU1~17Y BOARD, REPORT OF COUN71' ATTORN1rY i Ycs U No 1 catifi• lbat to the best of tm• kno~•1edlte the applicants namal abo~•e are clipblc to bo liocQged. Uoo, state reason. Si~aturc Couaq• Adoro~• Cauary hate REPORT BY POLICE OR SHERIFF'S DEPARTMENT Ibis is to ccrtifj~ that the applicant and the atxoociates. named herein nave not bcee oam•iictod within the past foe years fa acy violation a` Laws of the gate of Mittoeaota, Municipal a Cotmq•. Ordmanccs relating to IAtaxicatmg I.ignar, ptxpt as follows ~ ~~~ C~1lJ~ i~~ ~ ~ ~ IMPORTAN'T' NOTICE ALt RETAIL LIQUOR LICENSEES MUST' HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TQBACCO AND FIREARMS. FOR INFORMATION, CALL (612)29x3496 Report below details of liquor law violations (civil or criminal) that have occurred within the last five years. (Dates, offenses, fines or other penalties, including Liquor Control Penalties): On 1/24/02, at our Rochester, MN Noodles & Company location, an employee was cited by the Rochester Police Department for selling alcohol to an underage person. It is my understanding that the Rochester Police Department pursued the issue with the individual employee. To date, we have received no correspondence from the City of Rochester or from the State of Minnesota regarding this issue. 04/03 '03 17:12 N0.333 04 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 551ZZ Sunday Wine Sale License New / Renewed License No. I, -- T l3Uf-G, LLB ~s . as (name of person making appilcation} f r~ ~ dt~,'t' ,for and (individual owner, officer or partner) in behalf of ~t IJooc~;(z ,S(.~~, Co - CyCvvA.d.v, mac. , (myself, names of partners, name of Corporation or association) hereby submit this application far a special Sunday Wine Sale License to run Coextensive with the license year of our on-sale wine license no. for the period from through In support of this application the information contained in our on-safe wine license application is hereby adopted. ~~ (Signature of person making application) For eke ~~.(~51~, Co .- Caw-~da, ~ ~ . (myself, names or partners, name of corporation or association) DATE ~ L gl Z>7~ _ON SALE FEE _OFF SALE FEE TEMPORARY FEE $25.00 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 APPLICATION FOR MALT LIQUOR LICENSE PLEASE PRINT _ APPLICANT ~iLC' NaOd.(,e cS~~Cp -Cc~~Cc"~~~t~ . O~ ~ $~ (~ ) t Address ~~t .y ~ I (Street) (City) (State) (Zip) Phone ~ vl-U -.7--I ~'(''"' ~ `~ a a Birthdate //yy DBA NAME N0~(~S' L4a/'tiL/JQ,i,~.,~.1 Address ~~ ~7`~~ C ~• 'i'~ ~~ ~~~ ~Y (~. '~. (Street) ~,rJ 5..~ (City) Phone 1 ~ elf `~' ~ ~ (State) (Zip) ~ NEW RENEWAL TEMPORARY OWNER 's NAME ~~C ~lN'tt50~ t'/ c.{D' `~~ ~ Lt.M~ ~'.v~C~rr. C~SLest)Lt,P First) (Middle) Address 5~~ r-'IGwCJ ur-1-~ A1f~Y ~ . t oa 6 (Street) (City) (State) (Zip) Phone (?~a' %j3~~1 Ud ~ Birthdate MANAGER'S NAME ~(1,(1d101 ,JDf~ (Last (First) (Middle) Address~~~ W . lO(a'~'~~ ,C31 ~ '~ na.; ~t~/7M f (street) / 53 ~ 3 (City /Vry l Sate) (Zip) Phone ~t 5.~ -9~/'- (p'~ST'1 Birthdate ~~~ 7175 HEREBY APPLIES FOR MALT LIQUOR LICENSE for the year X003 'a'Op~ ,from ~_l .2 Dd3 to _~_/ ~~ (month) (date) (month) (date) Event: Location: (3c.F0 % D~,~l it C~it7Ye l7r. ~u-Tr M~t/1J (for temporary license) (Address) $S/~.3 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 ()Q No ( ) Are you the owner of the property of the business location? Yes () No (~, Has any other license of this kind been granted to you? Yes (yrZ No ()Where ~~ ~t'f7~2.G/t (City) (Year) Are any taxes, assessments or utility bills for the premises unpaid or delinquent? Yes () No ~. If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 340A.802? Yes () No (X,t. ff yes, attach summary copy. Have you ever been convicted? Yes () No (tQ City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes () No (-~.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 SIGNATURE (First) (Full Middle) rVR ~r i T u POLICE AP VAL: r YES (") NO ( ) SIGNED ~i `~^'' ' CITY COUNCIL APPROVAL: YES ( ) NO ( ) (Last) .1C VPILT DATED: ~ ~ `' 1~~ SIGNED DATED: Question 6: Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a direct or indirect interest in any other Colorado liquor license (include loans to or from any licensee, or interest in any loan to any licensee)? Ifyes, attach a detailed explanation. The Noodle Shop, Co. -Colorado Inc. holds liquor licenses at the following locations: North Boulder 1245 Alpine, Boulder CO 80302 Applewood 3294 Youngfield-unit F, Wheatridge CO 80033 Boulder 2770 Pearl Street, Boulder, CO 80301 Broomfield 1100 Highway 28711100, Broomfield, CO 80020 Denver 550 Broadway, Denver, CO 80203 Louisville 1100 West Dillon Road, Louisville, CO 80027 Highlands Ranch 9563 South University Blvd., Highlands Ranch, CO 80126 Lakewood 7740 West Alameda Ave., Lakewood, CO 80226 South Boulder 2850 Baseline Road, Boulder, CO 80303 Fort Collins 4733 South Timberline Road, Fort Collins, CO 80528 Denver 1460 16'" Street, Denver, CO 80202 Aurora 12101 K East Iliff, Aurora, CO 80014 Interlocker 635A Flatiron Marketplace Dr., Broomfield, CO 80020 Lone Tree 9400 Heritage Hills Circle, Suite 100, Littleton, CO 80124 Arvada 8071 Wadsworth Blvd., Unit I-C, Arvada, CO 80003 Colorado Springs 7234 North Academy Blvd., Colorado Springs, CO 80920 Jefferson Village 9956 Remington P1.,, Space A-5, Littleton, CO 80128 Parker 11153A S. Parker Rd., Parker, CO 80134 Littleton 7301 South Santa Fe Dr., Littleton, CO 80120 Colorado Boulevard 1520 S. Colorado Blvd., Denver, CO 80222 Westminster 10355 Federal Blvd., Unit H, Westminster, CO 80260 Longmont 1087 S. Hover Street, Unit D, Longmont, CO 80501 Arapahoe & Peoria 12023 East Arapahoe Rd., Unit 100, Centennial, CO 80112 24-84389-0001 24-84389-0002 24-84389-0003 24-84389-0004 24-84389-0005 24-84389-0006 24-84389-0008 24-84389-0009 24-84389-0010 24-84389-0007 24-84389-0012 24-84389-0013 24-84389-0014 24-84389-0015 24-84389-0016 24-84389-0017 24-84389-0018 24-84389-0020 24-84389-0022 24-84389-0021 24-84389-0019 24-84389-0023 24-84389-0024 3830 Pilot Knob Road Eagan, MN 55122 (651)681-4600 CITY OF EAGAN HAULER LICENSING APPLICATION RESIDENTIAL I, Susan •stewart ,hereby make application for a Refuse/Recycling license for the yeaz 2003 Owner: David & Susan Stewart Name Newport City 1811 Century Ave. Address MN 55055 State & Zip 651-458-0043 Telephone Business Name: Highland Sanitation & Recycling Inc. 1811 Century Ave. Name Address Newport MN 55055 651-458-0043 City State & Zip Telephone Municipalities where presently licensed: Woodbury, Cottage Grove, Afton, Newport, West St. Paul Mendota Heights, Inver Grove Heights, Eagan, St. Paul, Maplewood, S. St. Paul LICENSE TYPE: Number of trucks 3 Single family/multiple dwelling -individual household service (includes dwellings, single or multi-family which aze serviced individually) Number of trucks _~ - Required for haulers serving single family detached, duplex and four-plex units. - Recycling and compost vehicles may be included in the residential license, if operated by a single company. Each must be counted as an additional vehicle. - State, county and city mandates require residential recycling opportunities be provided. - Haulers are required to certify a m~,,;,,,um of 250 households serviced. - Additional requirements outlined in Hauling Ordinance are attached. FEES: $50.00 for first vehicle, plus $25.00 for each additional vehicle. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: 3 1 @ $50.00 $50.00 @ $25.00 50.00 TOTAL ~ 100.00 ATTACH A LIST CONTAINING THE LICENSE PLATE AND VEHICLE ID FOR EACH VEHICLE BEING LICENSED. ovER 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 recycling needs two licenses, but only one fee. Please note if applicable. TFIE FOLLQWING MUST BE INCLUDED IN ORDER FOR YOUR APPLICATION TO BE PROCESSEb: (All insurance coverage must be effective from January 1 to Decembei 31 of each year.) ? on file Motor Vehicle Insurance Date of Ezpiration ~„ f; 1 e Worker's Comp. Insurance Date of Ezpiration x Rate Schedule If your company wishes to operate as either aCommercial/Multiple Dwelling or a Construction/Demotition 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 651-681-4600. Signature of Applicant 6/24/03 Date Rahaulerlictnse/9/02 Residential Rates 38 Gal. $13.00/mo. + tax 64 Gal. $15.00/mo. + tax 96 Gal. $17.00/mo. + tax Trucks to be used: 1990 Internatinal Recycle Truck 1996 Evo - Lodahl 1995 Ford LN8000 with McNeilus Packer June 24, 2003 To Whom It May Concern: We have entered into an intent to purchase New Earth Services Inc: To finalize the purchase, we need to transfer the New Earth Services Inc. residential license into our company's name, Highland Sanitation & Recycling Inc.. We, Highland Sanitation & Recycling Inc., currently have a commercial license with the City of Eagan. If there is any problem with this license transfer, then the purchase will not go through and New Earth Services Inc. will keep their residential license and continue their business as usual. If you have any questions, please call us at 651-458-0043. Thank You! ! ! Susan Stewart Highland Sanitation & Recycling Inc. 1811 Century Ave. Newport, MN 55055 (651)458-0043