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07/15/2003 - City Council Regulart AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JULY 15, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS ~'- A. Recognition of Raleigh Seelig Volunteerism for July 4a' Celebrations P3 B. Recognition of Margo Danner for Community Volunteerism IV. CONSENT AGENDA A. APPROVE MINUTES ~,5~ B. PERSONNEL ITEMS ~(.~ C. CHECK REGISTERS ~ ? D. RECOGNIZE August 5, 2003 as National Night Out I Q E. APPROVE modification to the Community Center fee schedule to include a $20 per month `/ aerobic membership fee to be available to Community Center fitness members per the recommendation of the Community Center Operations Cormnittee. Qa~ F. APPROVE Community Center meeting room equipment fees /charges for services per the / recommendation of the Community Center Operations Committee. ®~ ~ G. APPROVE the hiring of a full-time custodial staff person (night shift) at the Community Center in lieu of hiring afull-time guest services attendant per the recommendation of the Community Center Operations Committee. ID~,H. APPROVE Final Subdivision, River Run Addition -River Run Properties r~_ ~1(J,I. APPROVE Extension for recording the final plat, Children's Therapy Addition, Northco Real O~ I Estate Services. ~b J. APPROVE Extension for recording the final plat, Heine 2°d Addition -William Heine and Laura Burbach. ~~ K. APPROVE Findings of Fact -Planned Development Amendment -Anderson Builders ~~ L. AUTHORIZE Time Extension of Development Agreement for Project O1-Q (Perron Acres - Street and Utility Improvements). V 3 ~M. AUTHORIZE Time Extension of Development Agreement for Project O1-S (Finch Place -Street and Utility Improvements). N. AUTHORIZE Time Extension of Development Agreement for Project 02-C (Natures Edge - Street and Utility Improvements). 38 O. APPROVE Change Order No. 2, Contract 02-17 (Central Parkway - Streetscaping). O~ P. APPROVE Dakota Mutual Aid and Fire Services Agreement. ~ Q. APPROVE Amusement Device License I R. APPROVE Fee Schedule for Community Center Child Care Facility V. PUBLIC HEARINGS ~~3 A. VARIANCE -LYNN LANGEVIN. A variance to exceed the 20 percent maximum building lot coverage allowed in a R-1, (Single Family Residential) zoning district by approximately 3.65 percent on Lot 22, Block 1, Royal Oaks, located at 930 Wildrose Court in the NE '/< of Section 14. ~~~ B. VARIANCE -TIM AND SARAH WAGNER. A variance request to exceed the 20 percent maximum building lot coverage allowed in a R-1, (Single Family Residential) zoning district on Lot 4, Block 5, Hills of Stone Bridge 3`d Addition, located at 692 Oxford Road in the SW '/< of Section 24. ~~ C. RIGHT OF WAY VACATION. Vacate Public Right of Way (Alder Lane), continued from July 1, 2003. b ~vD. RIGHT OF WAY VACATION. Vacate Public Right of Way (Yankee Drive) ~$?E. EASEMENT VACATION. Vacate Public D and U Easements (Lot 1, Block 1 -Hawthorne Woods 3`d Addition). ~go F PROJECT 801. Final Assessment Hearing (Silver Bell Road -Parcel 10-22450-020-01). (To be rescheduled to August 4, 2003) VI. OLD BUSINESS ~' A. FINDINGS OF FACT. Pylon Sign -Coen Development Group, LLC ~~ B. PERMIT PARKING ORDINANCE -Stafford Place C. ORDINANCE AMENDMENT -Consideration of Ordinance Amendment Allowing 2:00 a.m. ~~~ Closing for On-Sale Liquor Establishments VII. NEW BUSINESS ~/ /~ A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING -DUKE CONSTRUCTION LP. A Comprehensive Guide Plan Amendment to change the land use designation of Lot 1, Block 2, Eagan Preserve from SA, Special Area Office/Service to SA, Special Area RetaiUCommercial located at 1515 Central Parkway in the SE '/, of Section 9. 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. AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JITLY 15, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS ~- A. Recognition of Raleigh Seelig Volunteerism for July 4~' Celebrations P3 B. Recognition of Margo Danner for Community Volunteerism IV. CONSENT AGENDA A. APPROVE MINUTES ~,y~ B. PERSONNEL ITEMS ~(~ C. CHECK REGISTERS ~ ~ D. RECOGNIZE August 5, 2003 as National Night Out ' Q E. APPROVE modification to the Community Center fee schedule to include a $20 per month _/ aerobic membership fee to be available to Community Center fitness members per the recommendation of the Community Center Operations Cornmittee. Pao F. APPROVE Community Center meeting room equipment fees /charges for services per the recommendation of the Community Center Operations Comnuttee. ®~ ~ G. APPROVE the hiring of a full-time custodial staff person (night shift) at the Community Center in lieu of hiring a full-time guest services attendant per the recommendation of the Community Center Operations Committee. ~~H. APPROVE Final Subdivision, River Run Addition -River Run Properties ~a(yI. APPROVE Extension for recording the fmal plat, Children's Therapy Addition, Northco Real I Estate Services. ~b J. APPROVE Extension for recording the final plat, Heine 2°d Addition -William Heine and Laura Burbach. ~~ K. APPROVE Findings of Fact -Planned Development Arnendment -Anderson Builders ~~ L. AUTHORIZE Time Extension of Development Agreement for Project O1-Q (Perron Acres - Street and Utility Improvements). ~,3 ~M. AUTHORIZE Time Extension of Development Agreement for Project O1-S (Finch Place -Street and Utility Improvements). N. AUTHORIZE Time Extension of Development Agreement for Project 02-C (Natures Edge - Street and Utility Improvements). 3S O. APPROVE Change Order No. 2, Contract 02-17 (Central Parkway - Streetscaping). 0~ P. APPROVE Dakota Mutual Aid and Fire Services Agreement. ~ Q. APPROVE Amusement Device License I R. APPROVE Fee Schedule for Community Center Child Care Facility V. PUBLIC HEARINGS ~~'3 A. VARIANCE -LYNN LANGEVIN. A variance to exceed the 20 percent maximum building lot coverage allowed in a R-1, (Single Family Residential) zoning district by approximately 3.65 percent on Lot 22, Block 1, Royal Oaks, located at 930 Wildrose Court in the NE '/< of Section 14. ~s~ B. VARIANCE -TIM AND SARAH WAGNER. A variance request to exceed the 20 percent maximum building lot coverage allowed in a R-1, (Single Family Residential) zoning district on Lot 4, Block 5, Hills of Stone Bridge 3rd Addition, located at 692 Oxford Road in the SW '/4 of Section 24. ~~ C. RIGHT OF WAY VACATION. Vacate Public Right of Way (Alder Lane), continued from July 1, 2003. b ~vD. RIGHT OF WAY VACATION. Vacate Public Right of Way (Yankee Drive) O ~ E. EASEMENT VACATION. Vacate Public D and U Easements (Lot 1, Block 1-Hawthorne Woods 3'd Additionl. ~O F. PROJECT 801. Final Assessment Hearing (Silver Bell Road -Parcel 10-22450-020-01). (To be rescheduled to August 4, 2003) VI. OLD BUSINESS A. FINDINGS OF FACT. Pylon Sign -Coen Development Group, LLC ~~ B. PERMIT PARKING ORDINANCE -Stafford Place u C. ORDINANCE AMENDMENT -Consideration of Ordinance Amendment Allowing 2:00 a.m ~D r Closing for On-Sale Liquor Establishments VII. NEW BUSINESS ~/ /~ A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING -DUKE CONSTRUCTION LP. A Comprehensive Guide Plan Amendment to change the land use designation of Lot 1, Block 2, Eagan Preserve from SA, Special Area Office/Service to SA, Special Area RetaiUCommercial located at 1515 Central Parkway in the SE '/. of Section 9. 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. '~~ ~t ~ ~ / ~~ ~~^ ~, _ ~-_--s" MEMO city of eaga MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 11, 2003 SUBJECT: AGENDA INFORMATION FOR JULY 15, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 15, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 15, 2003 Eagan City Council Meeting A. RECOGNITION OF RALEIGH SEELIG VOLUNTEERISM FOR JULY 4 CELEBRATIONS ACTION TO BE CONSIDERED: To present a plaque Mr. Seelig for his official recognition. FACTS: • The City of Eagan has been fortunate to have Raleigh Seelig as a twenty (20) year volunteer who has provided extraordinary coordination, involvement and leadership in the success of the community July 4th celebrations. Mr. Seelig is being honored for twenty (2) years of unconditional, unselfish and spirited involvement as a community volunteer to the 4th of July celebration. Recognition is not only for the event, it's the many months of planning, meeting, coordinating vendors, the carnival, fireworks, parade and all other facets of the celebration that are recognized through his leadership of the 4th of July Committee. Agenda Information Memo July 15, 2003 Eagan City Council Meeting B. RECOGNITION OF MARGO DANNER FOR COMMUNITY VOLUNTEERISM ACTION TO BE CONSIDERED: To recognize Margo Danner with a certificate for her extraordinary involvement as a community volunteer. FACTS: • Margo Danner is being recognized for her commitment to the community as a volunteer. Ms. Danner has been involved in many volunteer efforts, as a member of the Advisory Parks and Recreation Commission, special task forces as appointed by the City Council, her involvement with the Community Center Senior Room, overall interest in good government and during the past year and a half, coordinating the Lioness Pavers Project as a fund raiser and method to honor certain long time families in the community. The Lioness Pavers "buy a brick" were installed and being enjoyed by the community in the outdoor courtyard at the Community Center facility. 3 Agenda Information Memo July 15, 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 July 1, 2003 regular City Council meeting and the July 2, 2003 City Council retreat as presented or modified. ATTACHMENTS: Minutes of the July 1, 2003 regular City Council meeting are enclosed on pages s through ~. Minutes of the July 2, 2003 City Council retreat are enclosed on page ~. ~~ . ~ ~I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 1, 2003 A Listening Session was held at 6:00 in the Community Room prior to the regular City Council meeting. There were no citizens who wish to speak. A regular meeting of the Eagan City Council was held on Tuesday, July 1, 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 Representatives of Clean Air for Eagan (CAFE) and Tobacco Free Youth Recreation (TFYR) presented a certificate to the City Council recognizing their efforts to promote tobacco free youth athletic events. CONSENT AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes . It was recommended to approve the minutes of the June 16, 2003 regular City Council meeting, the June 17, 2003 Listening Session, the June 24, 2003 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. B. Personnel Items. C. Check Re isg ters. It was recommended to ratify the check registers dated June 19, 2003 and June 26, 2003 as presented. D. Tree Maintenance Contractor. It was recommended to approve a Tree Maintenance Contractor License for Tree Techs, 13849 Euclid Court, Apple Valley, MN E. Change Order. It was recommended to approve change order number 13 to the Eagan Community Center in the total amount of $26,928.00. F. Final Plat. It was recommended to approve a Final Plat (Rivers Edge) consisting of one outlot for property located adjacent to the Burnsville border, west of Highway 13 and south of Highway 77, in the SW '/4 of Section 19. G. Project 883. It was recommended to receive the Final Assessment Roll for Project 883 (Beecher Drive/Clearview Addition -Street Lighting Improvements) and schedule a pubic hearing to be held on August 5, 2003. H. Pro~,ect 851. It was recommended to 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. Eagan City Council Meeting Minutes July 1, 2003 Page 2 CRAFT I. Emergency Phone Network. It was recommended to direct staff to develop an agreement with Qwest for subscription to the Qwest Emergency Phone Network. J. Revised Ordinance Amendment. It was recommended 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. K. Residential Trash Hauler License. It was recommended to 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. L. Market Anal It was recommended to approve an Agreement with Maxfield Research to complete a market analysis of the Cedar Grove Redevelopment Area. M. Contract 03-01. It was recommended 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. PUBLIC HEARINGS PROJECT 771, LEXINGTON AVENUE FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 771 (Lexington Avenue -Street Upgrade and Traffic Signal Improvements). 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 to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 771, deleting Pazcel #10-01-0000-040-75, (Lexington Avenue -Street Upgrade and Traffic Signal Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay:O ALDER LANE (LANGHOVEN ADDITION RIGHT OF WAY VACATION) City Administrator Hedges introduced this item regazding the vacation of public street right-of- way adjacent to Lot 9, Block 1 Langhoven Addition. Public Works Director Colbert gave a staffreport. Mayor Geagan opened the public hearing. Doris Dahline, owner of Lot 9, Block 1, Langhoven Addition discussed her request for the vacation. It was suggested that this item be continued to allow Ms. Dahline time to submit further information regarding her request. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration the vacation of public street right-of--way adjacent to Lot 9, Block 1 Langhoven Addition until the July 15, 2003 meeting. Aye: 5 Nay: 0 6 Eagan City Council Meeting Minutes July 1, 2003 Page 3 R /~ /~ T OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE SELF-STORAGE City Administrator Hedges introduced this item regarding a Planned Development amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue. Senior Planner Ridley gave a staff report. Sheldon Badzin, Cornerstone, and a representative of Budget Truck Rental discussed the proposed outdoor storage of rental vehicles. Councilmembers discussed the proposed outdoor storage and agreed it was not a proper use of the property. Councilmember Tilley moved, Councilmember Carlson seconded a motion to deny a Planned Development Amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue in the NW '/< of Section 15, with direction for findings of fact to be on the July 15, 2003 Council agenda. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN 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 upon 6.4 acres of land located at 4880 Pilot Knob Road, a Rezoning from Agriculture to Residential Single Family district for 15 single family lots and one outlot located at 4880 Pilot Knob Road, and a Preliminary Subdivision (Marcella Woods) to create 15 single family lots and one outlot located at 4880 Pilot Knob Road. This item had previously been reviewed at the June 17, 2003 City Council meeting and continued to allow the developer time to alter plans to accommodate possible problems with the adjacent soccer fields. Senior Planner Ridley gave an updated staff report. He indicated that action should not be taken on the Rezoning and Preliminary Subdivision until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. Brian Olson, developer, and Councilmembers discussed revised plans to the proposed subdivision. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct that a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW '/4 of Section 34, be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 ORDINANCE AMENDMENT -CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment amending City Code Chapter 11 regarding Currency Exchange Operations as Conditional Uses. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment amending City Code Chapter 11 entitled "Land Use Regulations (Zoning}" by Eagan City Council Meeting Minutes July 1, 2003 Page 4 ~Rq FT amending Section 11.30 regarding definitions and Section 11.60 13 (C) adding Currency Exchange Operations as Conditional Uses; and by adopting by reference Eagan City Code Chapter 1. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion 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. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT -THE NOODLE SHOP COMPANY City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow on- site liquor sales at 1340 Town Centre Drive. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve 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; subject to the following conditions: Aye: 5 Nay: 0 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. WINE, SUNDAY WINE AND BEER LICENSE NOODLE SHOP, CO. -COLORADO, INC. DBA NOODLES & COMPANY City Administrator Hedges discussed this item regarding a wine, Sunday wine and beer license for the Noodle Shop, Co. located at 1340 Town Centre Drive. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a wine, Sunday wine and beer license for The Noodle Shop, Co. -Colorado, Inc. dba Noodles & Company located at 1340 Town Centre Drive. Aye: 5 Nay: 0 REZONING (OUTLOT A, FOUR PAWS) CITY OF EAGAN City Administrator Hedges introduced this item regarding 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 Highway 13 and south of Highway 77. Senior Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Fields seconded a motion 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 Highway 13 and south of Highway 77 (Cedar Avenue), in the SW '/4 of Section 19. Aye: 5 Nay: 0 X Eagan City Council Meeting Minutes July 1, 2003 Page 5 CRAFT CONDITIONAL USE PERMIT AND VARIANCES KEYSTONE COMMUNITIES City Administrator Hedges introduced this item regarding a request for 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, a Variance to the minimum parking requirements, and a Variance to the maximum 10-foot building setback from a public right of way. Senior Planner Ridley gave a staff report. Gary Fisher, Tushie Montgomery Architects, discussed the proposed landscaping plan and exterior building color and material scheme. Doris Dahline, 3830 Alder Lane discussed the potential traffic hazard of the layout of the proposed building and driveway/parking lot. She also discussed the need for more parking spaces. Staff and the applicant addressed concerns raised by Ms. Dahline. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to construct a four 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 following conditions: Aye: 5 Nay: 0 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 1 '/z to 3 '/z foot screen between the surface parking and Alder Lane. 4. A photometric plan demonstrating compliance with the minimum lighting standards in the DGD 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. 6. All mechanical equipment shall be completely 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. 11. 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 dBA as compared with a noise level of 65 DNL. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Variance to the minimum parking requirements allowing less than one stall per unit. 9 Eagan City Council Meeting Minutes July 1, 2003 ® ^ Page 6 Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance to the maximum 10 foot building setback from a public right-of--way. Aye: 5 Nay: 0 FOUR CONDITIONAL USE PERMITS - COEN DEVELOPMENT GROUP LLC City Administrator Hedges introduced this item regarding four Conditional Use Permits to allow a convenience store, gasoline sales, a carwash and a pylon sign on Lot 6, Block 1, Diffley Plaza. Senior Planner Ridley gave a staff report. Jim Coen, Developer discussed the lighting and landscaping of the proposed project. Cohen Wagner, adjacent property owner, asked for clarification regarding the landscaping plan, trash and recycling containers, and hours of operation. Senior Planner Ridley addressed Ms. Wagner's questions. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow a convenience store on Lot 6, Block 1, Diffley Plaza; subject to the following conditions. Aye: 5 Nay: 0 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 shall be stored, sold or displayed outside a building. 3. The 30% green space requirements hall be met. 4. Cash park and trails dedication are due prior to issuance of a building permit. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow gasoline sales on Lot 6, Block 1, Diffley Plaza subject to the following conditions: Aye: 5 Nay: 0 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. 3. Staff approves the name brand canopy lighting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a carwash on Lot 6, Block 1, Diffley Plaza subject to the following conditions: Aye: 4 Nay: 1 (Mayor Geagan opposed) 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 public right-of--way or adjacent land. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a pylon sign on Lot 6, Block 1, Diffley Plaza. Aye: 2 Nay: 3 (Carlson, Tilley and Fields opposed). /O Eagan City Council Meeting Minutes July 1, 2003 Page 7 CRAFT Councilmember Carlson moved, Councilmember Fields seconded a motion to direct findings of fact for denial of a conditional use permit for a pylon sign on Lot 6, Block 1, Diffley Plaza. Aye: 3 Nay: 2 (Geagan and Maguire opposed) REZONING (4640 & 4660 NICOLS ROAD) DOUGLAS BAUER, DDS City Administrator Hedges introduced this item regarding a request for rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road. Senior Planner Ridley gave a staff report. Discussion was held regarding the actual need for the required parking. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Rezoning of approximately two acres from T, Transitional to LB, Limited Business, located at 4640 and 4660 Nicols Road in the NE '/a of Section 31. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT -ANDERSON BUILDERS City Administrator Hedges introduced this item regarding 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. Greg Anderson, Anderson Builders and Dan Klasen, Clean `N' Press Stores, discussed the proposed dry cleaning facility and operations. Councilmembers agreed the proposed dry cleaning facility was not an appropriate use for the area. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct findings of fact for denial 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 '/< of Section 12. Aye: 5 Nay: 0 CONSIDERATION OF PENALTIES FOR ALCOHOL SALES VIOLATIONS AT SILVER BELL LIQUOR, 1983 SILVER BELL ROAD City Administrator Hedges discussed violations made by Silver Bell Liquor since January 31, 2001. City Attorney Dougherty discussed the Minnesota state liquor regulations, outlining various options for Council consideration. Rebecca Adams, attorney representing the owners of Silver Bell Liquor, stated her client intends to sell the business. She asked that suspension of the liquor license be stayed pending the sale and closing of the business. Mayor Geagan and Councilmembers agreed that the violations made by Silver Bell Liquor warranted immediate suspension of their liquor license regardless of the impending sale. // Eagan City Council Meeting Minutes July 1, 2003 Page 8 DRgFi Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Resolution to revoke the liquor license for Silver Bell Liquor, 1983 Silver Bell Road, effective immediately. Aye: 5 Nay:O COMMU1vITY CENTER UPDATE City Administrator Hedges provided an update on activities planned for July 4'~' at the Community Center. ADMINISTRATIVE AGENDA Staff was directed by Mayor and Council to send letter to all liquor license holders regarding a meeting to be held with staff to discuss Z:00 p.m. bar closing. Motion was made by Tilley, seconded by Fields to change the regular City Council meeting of August 5, 2003 to August 4, 2003 (which will include a public hearing for final assessments for Project 883, Beecher Drive /Clearview Addition) in recognition of National Night Out which will be held on August 5, 2003. Aye: 5 Nay: 0 City Administrator Hedges discussed a Health Care Savings Plan that has been researched by a committee of City employees. Council directed staff to proceed with offering a health care savings opportunity for all City employees. Councilmember Carlson moved to reconsider a motion made regarding findings of fact for denial of a planned development amendment for Comerstone Self-Storage to be considered at the July 15, 2003 Council meeting. Aye: 5 Nay: 0 City Attorney Dougherty read Findings of Fact for the proposed planned development amendment for Cornerstone Self-Storage. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt Findings of Fact for denial of 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. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 10:00 p.m. Date Deputy City Clerk ~a Eagan City Council Meeting Minutes July 1, 2003 Page 9 RAFT 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, NIN 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. /_ 3 MINUTES OF A SPECIAL CITY COUNCIL RETREAT JULY 2, 2003 7 P.M. MOONSHINE PARK RETREAT CENTER A Special City Council retreat was held on Wednesday, July 2, 2003 at 7:00 p.m. at Moonshine Park Retreat Center for the purpose of discussing the City's Council's operating procedures. Those present at the meeting were: Mayor Geagan, and Councilmembers Carlson, Fields, Tilley, and Maguire. ROLL CALL AND AGENDA ADOPTION Motion carved to approve the agenda as presented. CITY COUNCIL OPERATING PROCEDURES The City Council discussed and evaluated the current operating procedures of the Council. The Council also discussed their expectations for the Council's operations for the remainder of the year. OTHER BUSINESS There was no other business to be discussed. The meeting adjourned at 10:45 P.M. Date ADJOURNMENT City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5001, (TDD phone: 651-675-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. //{ Agenda Information Memo July 15, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Guest Services Representatives/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Kelly Clements and Jill Kuzma as guest services representatives at the Community Center Item 2. Resignation/Engineering Technician- ACTION TO BE CONSIDERED: To accept the resignation of Joel Rausch, Engineering Technician. Item 3. Skating School Coordinator-- ACTION TO BE CONSIDERED: This item is informational only. No action is needed on this item. FACTS: ^ At the July 1, 2003 City Council meeting, the Council approved the hiring of a person to be named as Skating School Coordinator. ^ That person's name is Carrie Schuneman. /s Agenda Information Memo July 15, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 3, 2003 and July 10, 2003 as presented. ATTACHMENTS: • Check registers dated July 3, 2003 and July 10, 2003 are enclosed without page number. /6 Agenda Information Memo July 15, 2003, Eagan City Council Meeting D. "NATIONAL NIGHT OUT" ACTION TO BE CONSIDERED: Adopt proclamation recognizing August 5, 2003, as "National Night Out" in the City of Eagan. FACTS: • Tuesday, August 5, 2003, is the 20~' annual National Night Out celebration. • The City of Eagan has participated in National Night Out since 1998. • Participation has grown every yeaz in Eagan. This year it is anticipated that approximately 90-100 neighborhoods will take part. • Eagan residents are being asked to join 32 million of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police/community partnerships. • Strong neighborhoods are essential to public safety and homeland security. • From 5 to 9 pm, residents aze encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. • Police, Fire and Public Works units will visit neighborhood gatherings which register by July 18~'. • Registration can be done by mail, fax, or on-line at www.cityofeagan.com. • For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5728. Attachments: National Night Out proclamation on page /9 CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2003 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 5, 2003 called "National Night Out"; and WHEREAS, the " 20th Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2003" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "20th Annual National Night Out" on August 5, 2003. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 5, 2003 as "National Night Out" in the City of Eagan. CITY OF EAGAN CITY COUNCII. By: Its Mayor Attest: Its Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Mira McGarvey, Deputy 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 7th day of August, 2001. QM`ira McGarvey, Deputy Clerk /U Agenda Information Memo July 15, 2003 CONSENT AGENDA: E. APPROVE modification to the Community Center fee schedule to include a $20 per month aerobic membership fee to be available to Community Center fitness members per the recommendation of the Community Center Operations Committee. ACTION TO BE CONSIDERED: To approve a modification to the Community Center fee schedule to include a $20 per month aerobic membership fee to be available to Community Center fitness members per the recommendation of the Community Center Operations Committee. FACTS: At the July 2, 2003 Operations Committee meeting, the committee and staff discussed the fitness classes that will be provided at the Community Center. The committee recommended, per staff s suggestion that a $20 aerobic membership fee be offered to fitness members, which would allow those members unlimited participation in the fitness classes being offered. It was the committee's recommendation that separate fitness classes be held for non-aerobic members on afee-for-service basis, which would allow any person to pay only for the specific class he/she wished to participate in. ATTACHMENTS: Enclosed without page number is a proposed Fa112003 Group Fitness Schedule, which would be available to aerobic members only, as well as a guide explaining what each class will entail. Enclosed without page number is the Class and Course Descriptions handout, which summarizes the fitness classes that will be available to all community members on a fee for service basis. Enclosed without page number is sales comparison chart showing the anticipated costs and revenues associated with the fitness classes. ~9 Agenda Information Memo July 15, 2003 CONSENT AGENDA: F. APPROVE Community Center meeting room equipment fees / charges for services per the recommendation of the Community Center Operations Committee. ACTION TO BE CONSIDERED: To approve the meeting room equipment fees /charges for services per the recommendation of the Community Center Operations Committee. FACTS: • At the July 2, 2003 Operations Committee meeting, the committee and staff discussed the meeting equipment pricing to be used by those renting meeting rooms at the Community Center. • Per the direction of the City Council, a proposed fee schedule for the equipment was prepared by staff. • The committee recommended the equipment fees as presented. ATTACHMENTS: • Enclosed without page number is the proposed equipment pricing information to be provided to those renting meeting rooms at the Community Center. t~ D Agenda Information Memo July 15, 2003 CONSENT AGENDA: G. APPROVE the hiring of a full-time custodial staff person (night shift) at the Community Center in lieu of hiring afull-time guest services attendant per the recommendation of the Community Center Operations Committee. ACTION TO BE CONSIDERED: To approve the hiring of a full-time custodial staff person (night shift) at the Community Center in lieu of hiring a full-time guest services attendant per the recommendation of the Community Center Operations Committee. FACTS: • At the July 2, 2003 Operations Committee meeting, the committee and staff discussed the personnel needs of the Community Center. • Staff noted that the Council had previously approved the hiring of a full-time guest services representative; however, as the Center has been operational, staff has determined that there is a greater need for custodial support. • Staff also noted that in order to ensure customer service is provided at the Community Center front desk, a Parks and Recreation clerical staff person has been reassigned to the Community Center. • The committee recommended that the City Council approve the hiring of the full-time night shift custodial position in lieu of hiring a full-time guest services representative. ATTACHMENTS: • Enclosed without page number is the position description for the custodiallmaintenance worker being proposed. a~ Agenda Information Memo July 15, 2003, Eagan City Council Meeting H. FINAL SUBDIVISION (RIVER RUN ADDITION) ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (River Run Addition) to create two single family lots at 2987 Pilot Knob Road. FACTS: • The property has an existing single family home present on the northern half of the lot that has an existing front yard setback of 38 feet. • The right-of--way dedication for Pilot Knob Road is 25 feet. After dedication the existing house will have an approximate 12 foot setback. • The proposed lots will be about 16,500 square feet each. • This development is in noise zone four and is subject to the eight findings listed in the staff report. • Existing access on Pilot Knob Road should be closed upon development and a shared driveway shall be installed. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. 60 DAY AGENCY ACTION DEADLINE: • Does not apply ATTACHMENTS (1): Final Subdivision page~.3 a~ G z W ~¢ = O LL Q O >~ ~ ~ W s: $ y ~ ~ a # 8 a i6 a I x ~ i ~ x~ $ ~ ~ ~ "J S N ~ a3 8 fi . ~ fi n ~ ~ fi° ~ I § i $; ` « ~ i afi ~ _ 'Y w ~ ~ 3 ~ ~~ 8 °a & n 7 ~ fip a a R S Z~ 'S d 3 3 ~ 9s ~ s s n s I ~' ° ~= d 3 • ~ I ~ D£ $ >F = a R s 9a ~ a E 6 yy ° ) a /- as i d $F k B I ~ I I E $ 1..1 _fi ~ ; 3 s s ~ I ~ 3 I ~ S t S a I ~ ~ C.~...' R % i ~ $a ~ his - t a 1 I I a 's ~'. ~~ ; ~ ~~~ I 3 ~ a s I I s a ll,~; ~ 45 i i ss~ ~ I ~ I Y .r S S I ~ ~ e ~ ~ ~~ a a s~} I R I ~ ~ ~ _~ s 9Y (7 i~~s a ~ ~Ei ~ ~ ~ ~ ~ ~~ $ ~ ~ JJ~ Q ~ " ~ E I~ ~ 3 ~ I a Z ~ a a ' fi f z 6 $ ? s 3 as I ~ s '~ , I =I Q F~ $~ f g i 3 I~ ~s~ I ~ I. i ~ = d e I ~ I ~ Q ~ i~ ~ ~ l i l $_s-', I = ~ I I ~~ j 5 3 I I S I Z q~ j y I I s_• IIIfII t ~ gg. I ~- I g~ ~ I E' 4 ~4a ~ d I I F I o 3r `s s s y ~ _r I ~ e~ ~ ~ $ ~ ~ I 13£ ~ I , I ~~ ~ ~ I ~ 3°iE ~~ ~Y ~ ~ H g ! I K ~ ~~S ~ e ? 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A::IY .:.3N I ~Q~'b ~ H- 1 +a 5 v I ~yy i t I _.. zo~ I ~ j a`}noy C$FS ~ id L__-.__.. __.L..____.._._J ~ E~~<~ ~~ Y o_ O V 0 Q J 0_ J Q U O L£ ~ON 'H'tl'S'0 « ~ (OtlOif BONN l0~ld) ~~ ~~ ~ - - c ~ ~ r__________ sl ~ 0 0 r___________i I It I I I •~ I I ~ I I ~~, I I ~~ ~JI ~ I J~ ~ I 1 1L 1 I ~ I ~ I 1 I I I r. p I I I I I F ~ ~ 1 C ~ 1 O N I G I i '~ ° I O I I I ~ ~ I I ~ I I ~ I I ~ I I I I I ` ~ ~--------- o ~, mno~ ------ ~ aa~ao~ Agenda Information Memo July 15, 2003 Eagan City Council I. EXTENSION FOR RECORDING FINAL PLAT (CHILDERN'S THERAPY ADDITION) - NORTHCO REAL ESTATE. ACTION TO BE CONSIDERED: To approve an extension of time to record the Final Plat for Children's Therapy Addition, located north of Avalon Avenue on the west side of Pilot Knob Road in the NE '/4 of Section 4. FACTS: • The City Council initially approved the Final Plat on May 6, 2003. The plat is required to be recorded within 60 days of approval, which would be July 6, 2003. • The applicant is requesting an extension to allow an additional 60 days to record the final plat. A letter from the applicant is attached. ATTACHMENTS (1): Letter from Tom Immen, Northco Real Estate page a~ July 2, 2003 Sheila O~ryan City of Eagan 3830 Pilot Knob Eagan, MN 55122 Re: Plat for Children's Therapy Addition Dear Sheila: I spoke with Mike Ridley regarding the status of the Plat for Children's Therapy Addition. I explained to Mike that we intend to file the plat upon closing of the purchase of the land. Due to several reasons, the closing has been delayed until next week. Since the deadline is supposed to be the 6`~ of July for filing, Mike recommended that I send this letter to you requesting an extension of time to file along with the enclosed items required for the City's review and execution of the Plat. Please call me to discuss what else, if anything, is needed by staff in order to process the Plat. We appreciate your assistance in dealing with this matter and look forward to submitting plans in the next few weeks for the new development. Sincerely, ~~~7~- Thomas P. Immen Vice President- Brokerage Services Encl. 4900 VIKING DRIVE MINNEAPOLIS, MN 55-13-314 TEL: 953.~i?U.1601) FAx: 952.820.1620 as R^~1-I've-~ ,)~,l_ 3 203 .-1 Ca3C Network Partner Agenda Information Memo July 15, 2003 Eagan City Council J. EXTENSION FOR RECORDING FINAL PLAT (HEINE 2ND ADDITION) - WILLIAM HEINE AND LAURA BURBACH ACTION TO BE CONSIDERED: To approve an extension of time to record the final plat for Heine 2"a Addition, located at 1480 and 1490 Diffley Road in the NE '/4 of Section 28. FACTS: • The Ciry Council initially approved the Final Subdivision on May 6, 2003. The plat is required to be recorded within 60 days of approval, which would be July 5, 2003. • The applicant is requesting a 30-day extension to allow additional time to record the final plat. The new deadline for recording would be August 4, 2003. • A letter from the applicant's surveyor is attached. ATTACHMENTS (1): Letter from surveyor Del Schwarz, page a6 .rill-9-2003 14:04 FROM:SCHWAN~ LANG SURVEYO 6514236949 T0: 6516755694 P.2 DELMAR H. SCHWANZ LAND SURVEYORS, INC. 14555 South Robert Trail Rosemount, Minnesota 55068 652-423-1769 July 9, 2003 Re: Extension for final plat approval of HEINE 2''1D ADDITION To: The Honorable Mayor and City Council of Eagan, Minnesota. On June 3, 2003 I had the recordable copies of the HEINE 2~ ADDITION printed and I received them from the printer on June 5, 2003. My intention was to deliver them to Mr. Heine on Monday June 9, 2003 for the appropriate signatures. Early Saturday morning June 7, 2003 the building my office was in was set on fire and basically all records and equipment in the building was destroyed, and obviously the Heine plat. It has taken about a month to relocate, purchase new equipment, and resume operations. l have delivered the plat to the printer today, July 9, 2003, for printing and should have them to Mr. Heine by Friday July 11, 2003. I hereby request a one month extension to file the plat. Yo truly, Delmar H. Schwarz, Land Surveyor a~ Agenda Information Memo July 15, 2003 Eagan City Council K. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL (PLANNED DEVELOPMENT AMENDMENT) -ANDERSON BUILDERS ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolution of Denial of a request for 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. FACTS: At its regular meeting on July 1, 2003, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Planned Development Amendment to be considered at the July 15, 2003 Council meeting. ATTACHMENTS (1): Findings of Fact, Conclusions and Resolution of Denial, pages ~ through ~~ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT, In Re: Application of Anderson Builders fora CONCLUSIONS AND Planned Development Amendment for an In- RESOLUTION line Retail Use with aDrive-through Facility This matter came before the Eagan City Council at its meeting of July 1, 2003. The Council received and considered the June 19, 2003, Planning Report; input from City staff; minutes o f t he p ublic h Baring h eld b y t he Advisory P lanning C ommission o n Ju ne 2 4, 2 003; together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which was presented at the meetings, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Greg Anderson of Anderson Builders (the "Applicant") for a Planned Development Amendment to allow for an in-line retail use with adrive-through facility (the "Project") on Lot 2, Block 1, Oakview Center (the "Property") is properly brought before the Eagan City Council. 2. The Property is owned by Oakview Holdings, Inc. ("Owner") 3. In 1998, the City approved a subdivision and Preliminary Planned Development for Oakview Center, which included the Property. 4. Under the Preliminary Planned Development, the Property a nd L of 2, B lock 2, Oakview Center, were approved for either retail or a Class I restaurant. The intent being that either lot could be developed for either use, but both lots could not be developed as the same use. ,~ 9 5. The Preliminary Planned Development did not provide for adrive-through facility on either lot. 6. In 2000, the City approved a request by the owner of the Property and Lot 2, Block 2, Oakview Center to amend the existing Preliminary Planned Development to allow a retail building, including a Class II restaurant with drive-through service on Lot 2, Block 2 Oakview Center. As part of the approval, the City and owner agreed that the use of the Property would be restricted to a Class I restaurant only. 7. The Planned Development was established, with the intent to provide a neighborhood commercial and retail service area. 8. According to the Applicant, a building of approximately 11,000 square feet would be constructed on the Property of which the primary tenant, Clean `N' Press, would occupy approximately 6,000 square feet. Clean `N' Press would provide retail dry cleaning service at the P roperty a s w ell a s serving a s t he p lant 1 ocation f or c leaning f rom o ther C lean ` N' P ress stores in the east metro area. 9. Adrive-through facility is being proposed that would be used by Clean `N' Press. 10. By a unanimous vote, the Advisory Planning Commission recommended a denial of the Project because it felt the amendment did not fit the original plan and goals for the Oakview Center area and the dry cleaning operation is not an appropriate use for the Property. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. A dry cleaning plant operation is inconsistent with the area surrounding the Property and is inconsistent with the Planned Development Agreement governing the use of the Property. ~..3 0 3. The proposed Project is better characterized as an industrial use, as opposed to a neighborhood commercial or retail service. 4. The Applicant has produced no evidence that the Preliminary Planned Development Agreement for use of the Property as a Class I restaurant is a mistake or that circumstances have changed to warrant an amendment to the Preliminary Planned Development. 5. The City maintains its desire that the Property be used as a Class I restaurant as agreed with the Owner in 1998 and 2000. 6. The City receives no benefit from the proposed Project. 7. The Property retains a viable use with the present Preliminary Planned Development. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Planned Development Amendment for an in-line retail use with adrive-through facility on the Property is hereby denied. Dated at Eagan, Minnesota this day of CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Karels Its: City Clerk 2003. .3/ Agenda Information Memo July 15, 2003 L. PROJECT Ol-Q, PERRON ACRES ACTION TO BE CONSIDERED: Authorize the time extension of the development agreement for Project O1-Q (Perron Acres -Street & Utility Improvements) to August 31, 2003. FACTS: Perron Acres is being constructed on the east side of Dodd Road, between the intersections of Coventry Parkway and Welland Court. This development required the installation of sanitary sewer, water main, and storm sewer, as well as public streets, which is all being performed privately by the developer under the terms and conditions of the development contract agreement. The contractor, Robert Hannaman of Friedges Contracting, is requesting a time extension to allow the completion of more home construction activities within the development prior to the placement of the final blacktop wear course. The completion date approved in the development contract is July 31, 2003. The time extension request has been reviewed by representatives of the Public Works Department and found to be in order for favorable Council action. ATTACHMENTS: Letter from Contractor, page ~ . 3a ~~ ~ 21980 Kenrick Avenue rj,(~ Lakeville, MN 55044 ~ ~g~,~,rr~~~iT, Phone 952-469-2121 / <\ (952)4692121 Fax 952-469-2463 ~'~. Lake+nile, MN, ~ \ ~~ ~ % , ~ ~ECEI~~~ ~,, JUL 0 ~ 2003 EAGAN ENGINEERING DEPARTMENT July 1, 2003 Stan Lexvold City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Perron Acres do Natures Edge Dear Stan, I nm requesting a time extension for Perron Acres and Natures Edge. We would like to place the wear course in late August or early September so that the builder can get as many homes built and not have to worry about marking up the went course. Please let me know if this is acceptable so that we can proceed accordingly. Thank you, Robert Hannamnn Superintendent ~~ Agenda Information Memo July 15, 2003 M. PROJECT O1-S, FINCH PLACE ACTION TO BE CONSIDERED: Authorize the time extension of the development agreement for Project O1-S (Finch Place -Street & Utility Improvements) to September 30, 2004. FACTS: ~ Finch Place is being constructed on the north side of Red Pine Lane, east of StateHighway 3. This development required the installation of sanitary sewer, water main, and storm sewer, as well as public streets, which is all being performed privately by the developer under the terms and conditions of the development contract agreement. • The contractor, Ed McMenomy, Jr. of Basic Builders, Inc., is requesting a time extension to allow the completion of more home construction activities within the development prior to the placement of the final blacktop wear course. • The completion date indicated in the development contract is July 1, 2002. This appears to have been a typographical error and should have been July 1, 2003. • The time extension request has been reviewed by representatives of the Public Works Department and found to be in order for favorable Council action. ATTACHMENTS: Letter from Contractor, page ~ . 3' _J Basic Builders, lnc. 14450 South Robert Trail Rosemount, MN 55068 (651) 423-3114 Fax (651) 423-7202 ~3EC~IyE~ July 2, 2003 Stan Lexvold City of Eagan Engineering Department 3830 Pilot Knob Road Eagan, MN 55122 RE: Finch Place Asphalt Overlay Dear Mr. Lexvold: JUL 0 3 2003 EAGAN ENGINEERING DEPARTMENT Basic Builders, Inc. requests an extension to on or before September 30, 2004 to complete the final overlay of asphalt on Redpoll Court and Red Pine Court. Currently, we have sold 13 of the 20 lots. Construction traffic will still be substantial for the next twelve tv sixteen months. If required to install the overlay this year, it could be damaged by the construction traffic that will be present to build out the remaining seven homes. Thank you for your consideration. If any questions please contact Jeff Nivala at (612) 978-2864. Respectfully submitted, ~~~ r Ed McMenomy, Jr. Vice President Agenda Information Memo July 15, 2003 N. PROJECT 02-C, NATURES EDGE ACTION TO BE CONSIDERED: Authorize the time extension of the development agreement for Project 02-C (Natures Edge -Street & Utility Improvements) to August 31, 2003. FACTS: • Natures Edge is being constructed on the west side of Dodd Road, between the intersections of Cliff Road and Red Pine Lane. This development required the installation of sanitary sewer, water main, and storm sewer, as well as public streets, which is all being performed privately by the developer under the terms and conditions of the development contract agreement. • The contractor, Robert Hannaman of Friedges Contracting, is requesting a time extension to allow the completion of more home construction activities within the development prior to the placement of the final blacktop wear course. The completion date approved in the development contract is June 1, 2003. • The time extension request has been reviewed by representatives of the Public Works Department and found to be in order for favorable Council action. ATTACHMENTS: Letter from Contractor, page 36 • G3~1QUOa~'~ (952) 4692'12'1 ` Lake+nlle, MN i 21980 I<enriclc Avenue Lakeville, MN 55044 Phone 952-469-2121 Fax 952-469-2463 V~ECEI~E~ JUl 0 2 200 EAGAIV ENGINEERING DEPARTMENT July 1, 2003 Stan Lexvold City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Perron Acres ~ Natures Edge Dear Stan, I am requesting a time extension for Perron Acres and Natures Edge. We would like to place the wear course in late August or early September so that the builder can get as many homes built and not have to worry about marking up the went course. Please let me know if this is acceptable so that we can proceed accordingly. Thank you, Robert Hannaman Superintendent 37 Agenda Information Memo July 15, 2003 Eagan City Council Meeting O. CONTRACT 02-17. CENTRAL PARKWAY & CEDAR GROVE AREA STREETSCAPING & LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 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. FACTS: • Contract 02-17 provides for the streetscaping and lighting improvements related to the Central Parkway and Central Park/Community Center improvements and the access modifications in the Cedar Grove Redevelopment Area. • This change order to Contract 02-17 provides for turf establishment (topsoil and sodding) of the north and west boulevard of Central Parkway, originally the responsibility of the Contractor under Contracts 01-04 and 02-09. • The Contractor under Contracts 01-04 and 02-09 had to delay the turf establishment due to the timing of private utility installations and the streetscaping improvements under Contract 02-17. After the completion of the streetscaping improvements, the construction zone had significantly changed enough from the pre-bid conditions that the original contractors could no longer perform the work for the original contract price. It is more economical and efficient to transfer this work to the current streetscape contract via a change order. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • This change order provides for a total ADD of $18,082 (0.95%) to the original contract (02-17). The cost of this work has been deleted from the total costs under Contracts 01-04 and 02-09 have been similarly reduced by $9,470 resulting in a net increase of $8,612. The cost of the work is the responsibility of the City Major Street Fund and assessed to the adjacent benefiting properties as outlined in the feasibility report for Project 790R. 3d AGENDA MEMO JULY 15, 2003 CONSENT AGENDA: Dakota County Mutual Aid Fire Service Agreement ACTION TO BE CONSIDERED: • Approval of the Dakota County Mutual Aid Fire Service Agreement, between the Cities of Apple Valley, Burnsville, Cannon Falls, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Miesville, Northfield, Rosemount, South St. Paul, and West St. Paul, the Metropolitan Airport Commission, and the Randolph-Hampton Fire District. FACTS: All documents have been reviewed by the city attorney's office and have found to be in order. ATTACHMENTS: • A copy of the Mutual Aid Agreement is attached without page number. .39 Agenda Memo July 15, 2003 CONSENT AGENDA: Q. AMUSEMENT DEVICE LICENSE ACTION TO BE CONSIDERED: Approve an Amusement Device License for ACMUSugarloaf for amusement devices at Cub Foods and Wal-Mart. FACTS: • This is a renewal of an Amusement Device License • All conditions of the application have been met and staff deems it in order for approval. ATTACHMENTS: • A copy of the application is attached without page number. ~o Agenda Information Memo July 15, 2003 CONSENT AGENDA: ~'(~', APPROVE the fee schedule for the Community Center Child Care facility ACTION TO BE CONSIDERED: To approve the fee schedule for the Community Center Child Care facility. FACTS: • The Community Center Operations Committee, at their July 2, 2003 meeting, discussed the general fee-for-service philosophy of the child care facility; however, specific fees were not discussed. • Since the last Operations Committee meeting, Community Center staff have had the opportunity to discuss and research child care costs, which are being presented for the City Council's consideration. • Should the City Council wish to discuss the child care fees further, this item could be pulled from the consent agenda and directed to Community Center Update. ATTACHMENTS: • Enclosed on page are the child care fees being proposed for the Community Center Child Care facility. 5~/ Community Center Child Care Prouosed Fee Schedule $5.00-Eagan Community Center Member $7.00-non-member • The fees are proposed to be tied to a 1.5 hour time block so users can check their child into the child care area only when they are using components of the community center. • Hourly rates were considered, but due to the labor intensity of tracking check-ins and check-outs, staff thought that the 1.5 hours would be an appropriate period of time for a parent to use the fitness area, attend a class, or use other areas of the building. • The service hours may need to be limited initially and will be offered on a space available basis (first come, first serve). ~~ Agenda Information Memo July 15, 2003, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE TO EXCEED THE 20 PERCENT MAXIMUM BUILDING LOT COVERAGE BY 3.65 PERCENT AT 930 WILDROSE COURT (LYNN LANGEVIN) ACTIONS TO BE CONSIDERED: To approve a Variance to exceed the 20 percent maximum building lot coverage allowed in an R-1 (Single Family Residential) zoning district for a house with attached garage at 930 Wildrose Court; subject to the conditions listed in the staff report. FACTS: • The 13,745 square foot lot is currently vacant. • The applicant is requesting 3,251 square feet of building coverage resulting in 23.65 percent building coverage for the lot. The proposed house does meet setback requirements. • The applicant has designed her house to accommodate aging adults. • She believes that a bedroom and laundry on the first floor is beneficial to the house and her needs. This particular layout is causing the foundation to exceed the allowable 20 percent lot coverage. • The house is not built at this time and could possibly be altered to fit within the parameters of the City Code. 60 DAY AGENCY ACTION DEADLINE • A waiver has not been signed • Deadline is August 24, 2003 ATTACHMENTS (1): _ Planning staff report, pages~yto~ ~f3 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 1, 2003 APPLICANT: Lynn Langevin PROPERTY OWNER: Lynn Langevin REQUEST: Variance LOCATION: 930 Wildrose Ct CASE: 14-VA-08-06-03 HEARING DATE: July 15, 2003 APPLICATION DATE: June 20, 2003 PREPARED BY: Sheila O'Bryan COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to exceed the 20 percent building coverage by 3.65 percent for a new house with an attached garage located at 930 Wildrose Court in the NE '/4 of Section 14. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. T T Planning Report - Langevin Variance July 15, 2003 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS The maximum building coverage is 20 percent in residential zoning districts. BACKGROUND/HISTORY The subject property was originally platted as part of Wescott Gardens Addition. In 1998, the property was rezoned from Agriculture to Single Family residential and the Royal Oaks subdivision was approved. EXISTING CONDITIONS The 13,745 square foot lot is currently vacant. EVALUATION OF REQUEST The City Code requires that an R-1 lot be 12,000 square feet minimum. A 12,000 square foot lot is allowed to have up to 2,400 square feet of building coverage to stay within the 20 percent building coverage maximum. A 13,745 square foot lot is allowed up to 2,749 square feet of building coverage to stay within the 20 percent building coverage maximum. The applicant is requesting 3,251 square feet of building coverage resulting in 23.65 percent building coverage for the lot. The house does meet setback requirements. The house is not built at this time and could possibly be altered to fit within the parameters of the City Code. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has been working with Santanni homes on the design and layout of her house. The applicant has designed her house to accommodate aging adults. She believes that a bedroom and laundry on the first floor is beneficial to the house and her needs. This particular layout is causing the foundation to exceed the allowable 20 percent lot coverage. SUMMARY/CONCLUSION The applicant proposes to construct a single family home on a 13,745 square foot lot. The proposed house exceeds the maximum allowable 20 percent lot coverage. The applicant has requested approval of a Variance to exceed this requirement by 3.65 percent. The layout and ~S Plaxuiuig Report - Langevin Variance July 15, 2003 Paee 3 design of the proposed house result in the need for a variance. The proposed house will meet all required setbacks. Considering the fact that the house is not constructed at this point there is the ability to alter the plans to fit within the parameters of the City Code. ACTION TO BE CONSIDERED To approve a Variance to exceed the 20 percent building coverage by 3.65 percent for a new house with an attached garage located at 930 Wildrose Court in the NE %, of Section 14. If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. No additional accessory structures shall be permitted. 3. The total building coverage for the subject lot shall not exceed 23.65 percent. 4. The structure is subject to all other R-1, Single Family Residential zoning standards. ~~ Eagan Boundary Location Map ~ Street Centerline Parcel Area 1 building Footprint '~ ~~ ®~ ID® i Development/Developer: Lynn Langevin Application: Variance ~~ Case No.: 14VA-08-06-0 ®. i ~ ' ° Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N by Dakota County Oftfu of GIS and is cumnt as of February 2003. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ ]: city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Commudty Devetopmant Departnent net responsible for errors or omissions. 1000 0 10D0 2000 Feet CERTIFICATE OF SURVEY Survey for: SANTANNI HOMES ROSE Bso. ~ COURT ',-__ 4;02.5 - 4 2 t /~ 89r q 3 ~ / ~o 0 4x04, 2 ~ ~ teie 89t ~ / -~ 25• Rx83 I w ` ~ 1 L x63 3 890.2 6 I o~ t 5 `" 1 ~ c t ~ t ~8'S re vk~ ~ _-_ `\ cnty ~-~ ' 895.3 ,a ~ ~ 890.7 ~ ~ ~-~ \elect N fV ~ ~ b 9(~ o x m O1 895.0 ro ~~ 895.0 ~~'+~ 5.5 1 7 1 ~ 10.5 9 i ~ 1 .83 J 891.0 1 I I S 9j.9 / `° `° ~ 1 v n/ Or 1 894.5 ~ ~ ~ 1 ~ ! 1 7 Porch m I 11.0 0' 895.0 0 0 74.3 ,,, p l v 1 //~ 1 .0 , V ~0 _ ~ l~ o t'' ale ~ ~ 5.0 PROPOSED + 0 0 c `9?) J~ FIOUSE~ o t ~ p ,~/ / ~ y f I ~ o ~ / ~ I mN SCALE: 1' a 20' • Denotes Iron Monument found O Denotes Iron Monument Sst ARLSON ptC. w+o awK.vo.s 341-43 I, o _ rn a! z 5.5 ` ! - 892.0 29. ~ 2 .00 0 1 .0 010.5 ~ ci m xt SR7.2 ~ ------ ~----1-~- 1O X893.3 890.6 889.9 eso •s 889.9 w u I ~ Deck r'1 v 1 5 v 1 I ~ ~~ orn 1 p 1 \ ~~ I o rn \ c ~ \ ~~ ~o \ \ I --\ a H ~, `~ ~~~ I m ~ + \\~ \ a ,ci 0 \~ \ s sOSee,r 4 J ~~ S* F ~,,r.,..,..,.., ~;,.~ ~ ,. ,,,.,-. +Dromoge er U61dy~. Easement ~ IS I \ ~ I r y ~ i o ~\ ioo. ~'~-- ~° DESCRIPTION: Lot 22, Block 1, ROYAL OAKS I hereby certify that this survey was prepared by me or unde direct supervision, and that I am a registered land surveyor under the lows of the State of 'nn so a. Dated tb' 25 day of April, 2003. CARLSON & CARLSON, INC. iBY !~ LAND SURVEYORS Lorty .Couture, Lond Surveyor Tele. No. (952) 888-2084 Minnesota License No. 9018 Proposed Grades: lop of block 895.7 Garage Floor 8?5•? Basement Floor 886.9 NOTE: Circled elevations are proposed, others ore existing. Arrows denote direction of drainage. \ r ~~ ~f I LL ~ W Q n- ~,i; i ~~ ~ hI ~ ; ~ ; I~,~I, ~~ .I' t 'i~. l~ ' ~ ~ ~ ' . i li,il; ~i. ~ ~ O } ~ \ N ~ ~ Z ~ ~-d- _ q~q~ ? I ~ _~ i~ I ~ Z ~~ ~';~ . ~ ~a p o S j ail l i ' ~ I , i q ~ - ~ ~ . j 1 < `n ~~I-~ u,; p ~~ JI o~ ll ~I I.I I ~I'I ~ I 1 i i , l~ i I I I ~~ ~ ~ d ~! l l I I ( ~ I I II I II ~^-7 ~--y Q~ ~J ~ ~ ~ 14- ' I .II f ~i ~ !II ~ i I ~~- I f g I i ~ I ~ ~~~-/~7 _ S Y ~y~'F3~. _.I 6 ga~ga• ~ .lam l ~ ` .~ Iii ~I ~ I . ~ I'~j - .._ ~ > z In` •7 d ~ - _ ~ , 1: _ __ - I it i ;. ~~~I ~ 1.1, 7 ~ ' ~~~ .L t ~ I ~- ' - _ ~ I - - -_ ~~~~ _ . _ ~ - i. IV ~ ~ 7_ I, t l ~ ~i''' ~ ~ I i 6 Q ~~ \ z 4 i ~ ,I :, ~ i ~• is B ~ , i , li LI t • ~ .~~ 'ICI` l '!~~I4il , i~ .'oh jllll ~I , i! I ~.~,',~ h ~ I ~~ i~ ~ ~ ~~'I i"•~ - U3 ii ~I,i~ ! ~ ~~ ~I~lii ? ~ I - Q {~I ~~,I i ` I,I ~ . i~j ~; I , " r ~ i `,~ J ~ ~ ~a II ~ 'I ~ ~ ~ ° N ~ ~ ~ a m 3 3 ~ ~~°' ~~~ a3 ~° ~~ i ~ ~ ~ 7 '+ t 4 ~ ~ s y i ~ ~ d ~ h ~ ~ ~E E ' " F • ~gg <[ E , i F~ U 33 ~ f ' ! ~ 1 i I - ~ 9 ~p J1 W? 3~ a!<Ca- ~ Q h o `~ ~ o` ec h ~ ' ~ ~ I i <~k~ i (v - a Yo i Y ~ J o Y }t d~ J n_ a 0 w S Q a .. ~ - _~,. TO: E~1G:~ti CITY COL'NCII. FROM: LYTiN L~vGE47\ SUBJECT: REALEST FOR V_~RL~INCE FROl~i THE 20°~o COVERjGE ORDINI~NCE DATE: 06/20/03 I am currently in the process ofbuilding a single-family home in Eagan and was jwt informed that the building permit was not granted because the plan did not meet the ?0°b coverage ordinance. The purpose of this letter is to request a variance to the ordinance and to provide you with some background information to assist you in the decision process. I am currently employed by 311 Company in their iVledical Division and have recently returned from a 2-'; :year assignment in Europe (First in Brussels and then in Dusseldorf). During my time in Europe I spent a considerable amount of time drinking about where I u-anted to live upon my return as well as the tope of home I wanted to live in. There were two factors that were particulady important. 1. Having lived in Eagan prior to my assignment I knew that this was one the best communities in the Twin Cities so there was no question that this is where I wanted to live. 3. After 3 moves in 2 '/ years I wanted this to be the final home that I settled into and could live in afrer I retired (•albeit many years away). I also wanted it to be a place that would allow me to entertain aging parents and relatives. Having lost my father just prior to my departure I remembered ho~v difficult it Ryas when he visited because I had no place for him to rest a-hen he vuited for die day. So a fast floor bedroom became a very important feature for me in my house design...but also as it toms out it is the root cause of the building "coverage" problem. Since l~iarch I have been working with die Santanni Company to design a home that meets all of my criteria. I was pleased to finally move into the construction phase becawe I am living in temporary housing (with all of my household in storage until the house is completed). So needless to say, the rejection of the building permit could add significantly to the completion time of my house and possibly cause me to miss the opportunity to move in prior to the year-end holidays. ~~'ith that said, I understand drat the intent of die ?0°`0 ordinance is to protect my neighbors (and me) from overcrowding of hooves and to ensure neighborhood aesthetics and privacy. I believe the proposed plan for my house can ensure that these objectives are met for the following reasons: • The proposed structure rill meet all of the city ordinances for setbacks from both the street and die surrounding homes. • The back of my lot is wooded and runs up to back of neighboring lot(s), which are also wooded. This, along with tl~e setbacks, eliminates any feel of "crowding" or infringement on the privacy of neighboring homes. S/ • Considerable effort was taken in designing the exterior of the home to ensure that it would be in keeping with the style of the neighborhood. • I am confident that your will find my request will be acceptable to the neighbors. In the box below I hate included additional technical details that you may need to process this request. Legal Description: ~ Lot 22, Block 1, Royal Oaks Comprehensive Guide Plan Designation: Low Density Zone Classification: R1 Existing Land I;se: Low Density Surrounding Land Use: Single Family Homes & Golf Course Lot Square Footage: 13,7-F5 sq. ft. Building Coverage: 3251 sq. ft.(23.65°'0) Thank you for your timely consideration of this request. Please let me know if there is any additional information that you need to make your decision. Sincerely, Lynw Lan,~e~%vt. Lynn Langer in 10225 Grand Oaks Trail ~'oodburc, ti>Ti 33 L?9 Office: 631-733-'~79 Home: 651--136-1169 sa We the residents of the Rayal Oaks Development are aware that the building plan for 930 Wild Rose Court (Lot 22, Block 1) has a lot coverage of 23.65% and are in favor of issuing a variance to the 20% ordinance. Name Please Print nature Address AM DAivtEL Lt N I ~ I N1 Qy.2 ~) C ~- ,L~ ` dD/E ~S ~ Si S` *~oa.~ C 7r S`3 kJ We the residents of the Royal Oaks Deveiapment are aware that the building plan for 930 Wild Rose Court (Lot 22, Block 1) has a lot coverage of 23.65°!o and are in favor of issuing a variance to the 20% ordinance. Name Please Print Si nature Address g/~ w.~ on Wrjlie, -~lp ' ~~-3 ~ , ~ ~ s ~/ t~ d ~r e.~ ~ Z W ; 1 c~ ~aS C~ f~ t u C~- a ~-. ~ ~e ~ ,~ l`~. 4, C; ~L r . 2 ~". (~.~ic,0 /zoo ~T S~ JUL-09-2003 16:09 FROM: DAVID-ALAN COMPANY 6514051545 70:6514524266 P.001~001 sent by: tMt voRN co; 6514524266; Jul•9-03 16:13; Page 1/t Air: ~1 po-r+ ~~,.: rL ~ ~.~ ~~ L we~ the residen~s-of°the RoyaE Oaks. Development are aware that~the• building plan for:930.wild .Rose Court. (;Lot 22, Biock 1) has a lot coverage of 23.65% and are in favor of issuing a variance to the 20% ordinance. Name s~~ We the residents of the Royaf Qaks Development are aware that the building plan for 930 Wild Rose Court (Lot 22, Block 1) has a lot coverage of 23.65% and are in favor of issuing a variance to the 20% ordinance. Name Please Print si nature Address '- UtN7 c ~/ ~ ~-i ~, ~ ~'1Q~ ~ O.S~C [= 56 Agenda Information Memo July 15, 2003, Eagan City Council Meeting B. VARIANCE TO EXCEED THE 20 PERCENT MAXIMUM BUILDING LOT COVERAGE AT 692 OXFORD ROAD (TIM AND SARA WAGNER) ACTIONS TO BE CONSIDERED: To approve a Variance to exceed the 20 percent maximum building lot coverage allowed in an R-1 (Single Family Residential) zoning district for a three season porch addition at 692 Oxford Road; subject to the conditions listed in the staff report. FACTS: • There is an existing single family home with an attached garage on the subject property. There are three tiered decks attached to the back of the house. The current lot coverage is 19.6 percent. • The applicant proposes to enclose the existing upper 12' X 14' deck converting it into a three season porch. • Calculating the addition with the existing structure equals 2,522 square feet resulting in 21 percent lot coverage. The proposed addition meets setbacks. • The applicant does not demonstrate a legal hardship; however, the applicant indicates that complying with the 20 percent building coverage limits the porch size to an area that would not be feasible for a three season porch. • A letter of support was submitted to the City on July 7, 2003. 60 DAY AGENCY ACTION DEADLINE: • A waiver has not been signed • Deadline is August 23, 2003 ATTACHMENTS (1): Planning staff report, page~to s~ PLANNING REPORT CITY OF EAGAN REPORT DATE: July 2, 2003 APPLICANT: Tim & Sarah Wagner PROPERTY OWNER: Same REQUEST: Variance LOCATION: 692 Oxford Rd COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family District SUMMARY OF REQUEST CASE: 24-VA-09-06-03 HEARING DATE: July 15, 2003 APPLICATION DATE: June 24, 2003 PREPARED BY: Sheila O'Bryan The applicant is requesting a Variance to the maximum 20 percent lot coverage for a three season porch addition located at 692 Oxford Road in the SW '/4 of Section 24. AUTHORITY FOR REVIEW City Code Chapter 1 1, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. sg Planning Report- Wagner Variance July 15, 2003 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS The maximum building coverage is 20 percent in residential zoning districts. BACKGROUND/HISTORY The property was platted in 1990 as Lot 4, Block 5, Hills of Stonebridge 3rd Addition. The site was developed as single family residential. EXISTING CONDITIONS There is an existing single family home with an attached garage on the subject property. There are three tiered decks attached to the back of the house. The current lot coverage is 19.6 percent. S ~' Planning Report -Wagner Variance July 15, 2003 Paee 3 EVALUATION OF REQUEST The subject site is 12,000 square feet. The maximum building coverage permitted for this lot is 2,400 square feet. The existing building coverage is 2,354 square feet equaling 19.6 percent. The applicant proposes to enclose the existing upper 12' X 14' deck converting it into a three season porch. Calculating the addition with the existing structures equals 2,522 square feet resulting in 21 percent lot coverage. The proposed addition meets setbacks. APPLICANT'S ESTIMATE OF HARDSHIP The applicant does not demonstrate a legal hardship; however, the applicant indicates that complying with the 20 percent building coverage limits the porch size that would not be feasible for a three season porch. SUMMARY/CONCLUSION The applicant is requesting approval for a variance to the 20 percent lot coverage in the R-1 zoning district. The applicant proposes to convert a tiered porch section into a three season porch. The conversion results in a building coverage of 21 percent. The applicant indicates a three season porch smaller than what is proposed is not feasible. ACTION TO BE CONSIDERED To approve a Variance to the maximum 20 percent lot coverage by 1 percent for a three season porch addition located at 692 Oxford Road in the SW '/4 of Section 24. If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The subject property shall not exceed 21 percent building coverage. 3. No additional accessory structures shall be allowed. 4. The building materials shall match the principal structure. ~v Location Map Eagan boundary Strest Centerline Parcel Area dullding Footprint Development/Developer. Tim 8f: Sarah Wagner Application: Variance /~ Case No.: 24VA-09-06-03 ~j N i- ,, Map Prepared using ERSIlvc1/lew 3.7. Parcel base map data provided ~~~,' by Dakota County Office of GIS and is current as of February 2003. W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY city of e~gan The City of Eagan snd Dakota County do not guarantee the accuracy of this information and ars S CommuNty DevNOpment DspaRment not responsible for errors or omissions. I 1000 0 rw~ • --• 914.3 ~ ~`~ `~~ ~` o °o o p o d- o r- v~ ^b~" ~,~,. q ~T(~~~ ,q(~~~~0 N 89'5~~53~• 9c5•~S 85.7 ~ ~~,a SP~rv; 0 ~e - - - - - - - ~~ q~~,~ -~ o. ---- I ~ 919.1 I ~ . c ~ 8AY WINCOW 2.0 ~~ t CONG 1 ~. I ~ .:0 V ~ 18.83 0 10.8 n ~'+ ~ EAGLETON N PROPOScD NOl 1 1i cou~s~ eAS~ ~ o.oo so.a ~ 9~ '8g so' 3 !'~ ,~ ~~ ` --+- -~ DRivEw~Y ~ 0 ~ o 0 ~ s 9~ =~ ~ 22.33°. 12.o I72' GARAGE O CP I _ _ 12.0 1 ~ ` ~ - + ~~ ~ ~ 0 ~ ~ I ~~ ~ ( I ENT ~ 7.72 ~ r ~, Z 'e ~a` ~ I . ~ ~ ~ ~ ~~~ T , If---, 6'- ~ ~,z~ ~ ~ ~ ~ ~r~~Q .~ r ~ 3~~ ~ ~ sl I -- ~i~ 9<<P'~9 w ~ o ~ ~~ 916.6 xq~$.ll W O o o ~, .o ~ o o k z 9i 7.03 x~c3.3 ~ r: o Z~ i ~~~z J ~. Date: June 24, 2003 Ap...plicant: Tim and Sarah Wagner 692 Oxford Road Eagan, MN 55123 651-686-6981 Legal Description: Hills of Stonebridge 3rd Addition Lot 4 Block 5 Proposed project: Add a 3-season porch to an existing 12' x 14' deck structure Project description: We added atwo-tier deck to our home during 1993. During the building process, we consulted with Eagan city staff with the plan in mind that we would someday like to add a porch to the upper portion of the deck (12' x 14' area). We followed the city specifications for deck footings to allow for a future porch. The upper deck is approx. 39" offthe ground, so it currently has a railing. We would now like to add the 3-season porch to the existing upper-tier deck as originally planned. Our building permit was denied last week because the additional roof square footage for the porch will exceed the 20% limit for roof-to-lot size ratio. We are a little less than 1% over the limit. Our lot is 85.72' wide x 140' deep. Hardship descriQtion: Under the strict interpretation of a legal hardship, no such hardship exists in our case. However, to comply with the 20% Iimit, our porch size would be so small that it would not be feasible. ~` - ~ ---- i ----' J 63 Sheila O'Bryan From: Bakken Family [threebakkens@comcast.net] Sent: Monday, July 07, 2003 3:59 PM To: so'bryan@cityofeagan.com Subject: Wagner Variance Dear Ms. O'Bryan: I am writing this email to follow up on our telephone conversation of earlier today. My wife and I are unable to attend the 15 July 2003 City Council meeting, but wanted to state for the record our support for the lot coverage variance requested by Tim and Sarah Wagner (case# 24-VA-09-06- 03). we do not feel that this variance raises any public health, safety, or welfare concerns. we also believe that the construction proposed by the wagners is a good fit with the aesthetic character of the neighborhood, and that it will make a lovely addition to their home. we hope that the City Council will consider favorable action on what we feel is a very reasonable request. Thank you for your time and consideration. Regards, Paul and Alison Bakken 697 Oxford Road Eagan, MN 55123 (651) 688-7075 threebakkensQcomcast.net 6~ Agenda Information Memo July 15, 2003 Eagan City Council Meeting C. VACATE PUBLIC RIGHT OF WAY, ALDER LANE ACTION TO BE CONSIDERED: 1) Deny the vacation of Alder Lane, or 2) Approve the vacation of a portion of Alder Lane adjacent to Lot 9, Block 1 Langhoven Addition retaining all existing drainage & utility easement rights 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, representing 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. After discussion at the July 1 public hearing, the Council continued consideration to the July 15 Council meeting. • Alder Lane is currently adead-end gravel street with a minimum dust and erosion control surface that is minimally maintained by the City. • The right-of--way was originally dedicated with the Langhoven Addition plat to provide public access to Lots 9 & 10. Lot 10 is being replatted into the Keystone Communities of Eagan development with a private access drive being constructed to city standards within the existing Alder Lane right of way. • The applicant is requesting the vacation to allow the southern portion of Alder Lane adjacent to Lot 9 to be maintained as a private driveway and extended front yard by the property owner at 3830 Alder Lane for additional privacy. • At a minimum, drainage & utility easement rights need to be retained for the existing sanitary sewer and water utilities within the current public right of way. • 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, subject to the retention of the necessary utility easements. 6s Agenda Information Memo July 15, 2003 Eagan City Council Meeting ALDER LANE VACATION (CONT.) ISSUES: • If this public right of way is vacated, the ownership will revert to the applicant. Lot 9 is included in the overall Cedar Grove Redevelopment district. Although the City has chosen not to pursue the acquisition of this applicant's property at the present time, any .future acquisition will result in greater costs to the City if the vacation is approved. (The City will have to buy back the right of way that would be vacated.) • The applicant's desire to create a more private driveway access to her parcel can be accomplished as part of the Keystone development without having to formally vacate the current public right of way, similar to several other locations in the City. Examples of this conversion will be presented by staff at the meeting. ATTACHMENTS: • Letter from petitioner (May 14), page ~~. • Letter from property owner with purchase amendment, Pages through • Location Map, page _~. • Legal Description/Graphics,pagg . 7~ • Physical Features & Keystone access drive ma ,page • Photos of other similar situations, pages through ~_. • Necessary Utility Easements Exhibit, page 66 KAREN E. MARTY Attorney at Law 3601 Minnesota Drive Suite 800 Bloomington, MN 55435 May 14, 2003 Mayor and Members of the City Council 3830 Pilot Knob Road Eaga:ii, Iv~l 55 i ~2 Dear Mayor and Members of the City Council: Telephone: (952) 921-5859 e-mail: kmarty@ix.netcom.com Fax: (952) 830-8211 We are asking the City to consider the vacation of the last 125 feet of Alder Lane. I represent Doris Dahline, who is the owner of property at the stub end of Alder Lane. Until recently, several houses were located on the west side of Alder Lane. All but Ms. Dateline's have been removed, and those lots are being consolidated into a single parcel. The property on the east side of Alder Lane is fully developed as apartments, and does not have access to Alder Lane. Consequently, Alder Lane serves only a development parcel and Ms. Dateline's property. Alder Lane dead ends at a wetland, and does not have any sort ofturn-around. Due to the wetland, it is very unlikely that the road would ever be constructed further to the south. The land shown in yellow on this site map (the apartment complex to the east of Alder Lane) is all outside the redevelopment (TIF) district, and therefore not included in any redevelopment plans. Alder Lane also does not line up with any roads further south. Since the stub end of Alder Lane serves Ms. Dateline's house only, she is asking that it be vacated. Her main reason for the request is to increase her privacy. However, the City also would benefit financially. First and foremost, the City is expected to improve Alder Lane in conjunction with the development of the parcel to the north, and this would eliminate the need for the City to improve this portion. Secondly, Ms. Dateline would take over maintenance of the portion needed for driveway access to her property. We respectfully request your consideration of this vacation request. If you have any questions, please let us know. Sincerelyb r~~~. Karen E. Mafty '" Attorney at Law cc: Doris Dateline 67 Dear Mayor Geagan, Council members Carlson, Fields, Maguire, and Tilley, July 1, 2003 Agenda RESCHEDULED to July 15, 2003 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 vas first put down, or even how much taxer 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 stafffor 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 cazs, 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 . heavy 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--way. I have no intention of planting trees or erecting permanent structures anywhere in the Vacation -let alone, over the now identified actual utilities easements. 6~ + For landscaping - I was thinking of something attractive by my mailbox. + I had hoped to refurbish my drivev~~ay, the apron (which has been destroyed), and approximately 60 feet to the North property line (this includes the 23ft Ex. Watermain easement). + I might like to plant something between the ?3 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 drivevti~ay v~~hen 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 ADDED July 7, ?003 A CONCERN WAS EXPRESSED THAT BECAUSE OF THE RIGHT OF FIRST REFUSAL AND OPTION AGREEI\~NT -THE PURCHASE PRICE WOULD BE AFFECTED AND INCREASED. TO ASSURE THiS DOES NOT HAPPEN AN AMENDN[ENT TO THAT DOCUMENT WOULD STATE AT PARAGRAPH 7 OF THE OPTION AGREEMENT, "THE PRICE TO SELLER SHALL BE DETERMINED AS IF THE RIGHT-OF-WAY HAD NOT BEEN VACATED", ETC. Please see the two attachments prepared by my representative, Karen Marty. Thank you, Doris Dateline ~9 FIRST AIVIFNDIVII'rNT TO RIGHT OF FIRST REFUSAL AND OPTION AGILTr)'/MENT Whcrcas, in , TORTS TL.1~AHI.TNF., as Tnutcc ofthc T)oris R T)ahlinc Trust Agreement, ("SF,T,T,F.R") and the CITY OF RAGAN, a Minnesota municipal corporation, ("RLJYF,R'~, entered into a Right of First Ttcfusal and Option Agrcxmcnt (OPTTON AGRF.F.MF.N'T); and and and Whereas, Seller desires to have certain right-of-way vacated which would increase the sire of her property; Whereas, Seller and Buyer did not intend that the price ofthe property include any vacated right-of--way, Whereas, Seller and Buyer desire to amend the Option Agreement to clearly reflect their intent. Now, therefore, on this day of , ?003, the Option Agreement between Seller and Buyer is hereby amended as follows: 1. Paragraph 7 of the Option Agreement is hereby deleted and replaced with the following: 7. Purchase Price. The purchase price shall be negotiated between the Buyer and Seller for the property described cm Exhibit A. Anv conveyance of this tsroneriy will include env vacated right-of-wav but the price to Seller shall be determined as if the right-of-wav had not been vacated._ If Buyer and Seller cannot agee, the price shall be established by an appraiser selected by ageement between Seller and Buyer. If Seller and Buyer cannot agree on an appraiser, then each shall select an appraiser, and those two appraisers shalt select a third appraiser who shall actually perform the appraisal. The cost of this process shall be divided equally between Riryer and Seller. The Purchase Price shall be determined as ofihe date RUYF.R scuds the Noticc of F.lcction to SF,T.T.F,R The Optioncd Propcrty, including both the land and building, shall be appraised for use as a single family residence. 2. All other provisions of the Option Agrccmcnt shall remain in full force and cffcct. ~o IN WITNESS WI-~RFAF, the parties have caused this First Amendment to the Opticxi Agreement to be executed to he effective the day and year first set forth above. SELLER BT Tl'ER DOI2IS DAI ILTNE CITY OF EAGAN Ry: Ry. Its: Its: Ry: Tts: STATF. OF MTNNF,SOTA) }ss. coT~vTY of > The foregoing instn~ment was acknowledged before me this day of by Doris R Dateline as Trustee of the Doris R Dateline Trust Agreement. Notary Public STATE OF MINNESOTA) )SS. COTIN'T'Y OF ) The foregoing instnuncnt was acknowledged bcforc me this day of by This instnuncnt was draftcd by: Karen F,. Marty, Attorney at T,aw 3601 Minnesota Drive, Suite 800 Blcx~mington, MN 55435 952-921-5859 Notary Public 7i Proposed Alder Lane Right-of--way Vacation May 29, 2003 City of Eagan Lot 9, Blk. 1, Langhoven Add. ~~ SILVER BELL RD. AREA TO BE VACATED: The south 125.0' of Alder Lane as dedicated on the plat of Langhoven Addition <7009)(i Proposed Alder Lane Right-of--Way Vacation Lot 9, Blk 1, Langhoven Add. May zs, 2003 City of Eagan ~~ i) Q ~ ~--------------- No Scale Keystone Development Driveway Access ~~ry ~o, Zoos City of Eagan ~~ SILVER BELL ROAD ~~ ~s ... %~„ r 1 h ~.. t s '~ i It ~ M1~ fi Y. ' ~ :, + ~i+(~ '~ 7E'. f ~}`.3s~E-~. ~ly ~?'~'~. Y ~': ~G I G _. -.. ` ~ `y ;i r _. I L i , 'Nr ~ t ~,~ ', t _ 4 V C p~ F 3 ~ Sy I ,~f 7 t f ~ { ~~ i ~s` x'~ C '~ r ~ i y -~~ ~¢ "~ < ~ < i s Y ` R_:~ ~~ ~~ ~f ~ '~.~ ~~ ~ ,/~ . z -~ Sr i ~ ~ a , F~ it. ,~d ~ Y ~~ i Y J'~d ,~... • !~ fw'~T~x~ y R ~ a , a' ~ f• ~,~'tiH'' ~~ K2"y rye s ? ~ 1~ %' . 4: :: t'.'.~ r~Y'v,.. '. ` ~ x }f i. ~ ~ 4 y t~~~ ~ ~ y ~ ,+;tr~ .nx .~. R; ~> r. a r ~ ~ k~' -•~' ; i -~~ . ~' ti- <,, y t ~A ~. ~ _. 41, ~ ~ t~ } + , t +. 3 ~ .~ 4; ( _ ~ , x~'. S ~ .. j C w~'"x~ i - F. ~ ~ ~ ~ ' ~ ~ ~ F r ~J r. ~ 3 ,~'':i t ~ ~ : ~ ~r ~ i ~~ r s r ~ , ~~~ ~~v> f ~ - 3 k .~ I ~;... , ?4Ti ~ v w ).~ ~ ~ `~ rj~ ~~, r ~p e t 7 r "r ., us ~. ~, . ~ ~' . , }' ~' ,` ~ `+,, ,s f Y ^~' :: i~ ~' f~, y r ~, .j.l .7h S ~ ~ ~ •"~ ~ ~i: 4%~. G~ 3 Flt ,~~ 1. ' r :~ , ~' V~ h ci 4 t~. .r. 1 ~' t~ s t . /J (.~ II III IN; I, i ~~ , t x ,' ;: ~* tn- ~ ' ' ~. ~oJ~~ ~P~G io ,- c~ 23.00E=~, 0 ~i N #3830 20.0' PROPOSED RIGHT-OF-WAY TO BE VACATED w z Q J w 0 Q W ---I- --r---- I I I I i I I I i ! I i -~ ~-, , I ~~~~~ I I I .~~_ I---------- 66.0' c~p~ AREA TO BE VACATED: The south 125.0' of Alder Lane as dedicated on the plat of Langhoven Addition e~`~ ~~~~ 2~ Ex. Watermain 31.0' Ex. Sanitary Sewer --,~ ~ 15.( Proposed Alder Lane Right-of-Way Vacation Lot 9, Blk 1, Langhoven Add. May 2s, 2003 City of Eagan Replacement Utlity Easement 79 Agenda Information Memo July 15, 2003 D. YANKEE DRIVE, RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: 1) Approve the vacation of public right-of--way known as Yankee Drive between Yankee Doodle Road (YDR) and Trunk Highway (TH) 13 retaining all existing drainage & utility easement rights and authorize the Mayor and City Clerk to execute all related documents; OR 2) Continue the vacation of public right-of--way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13 until the petitioner meets one or more of the following conditions; a. Public access is unrestricted upon the private roadway b. Alignment of the private roadway provides uninterrupted access between TH 13 and Yankee Doodle Road c. Public improvements are approved for the upgrade of YDR west of TH 13 to address grade and capacity concerns at intersection; OR 3) Deny the requested vacation. FACTS: • On June 10, 2003, City staff received a petition from Ms. Amber VanDyke, United Properties, representing Blue CrossBlue Shield (BCBS) of Minnesota, requesting the vacation of public right-of--way on Yankee Drive from Highway 13 to Yankee Doodle Road in northwest Eagan. • BCBS owns a large majority of the properties adjacent to Yankee Drive. The purpose of the request is to allow the redesign of Yankee Drive as a private street with more parking lot and pedestrian connection between the BOBS properties. • On June 17 the City Council received the petition for this vacation, and set a public hearing for July 15 to consider vacating said right-of--way. • The majority of the right-of--way was originally dedicated as Comserv Drive in 1983 as part of the Comserv No. 1 plat. • The request would vacate the existing right-of--way for all of Yankee Drive. In addition to the existing public road, the right-of--way is currently utilized for public and private easement purposes. At a minimum, drainage and utility easement rights need to be retained for the existing storm sewer, water mains and private utilities. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. One request to maintain utility easement rights has been received to date. ISSUES: • The proposed vacation of Yankee Drive would remove an existing reliever for TH 13 and its intersection with Yankee Doodle Road that is used when traffic conditions are not desirable or winter road conditions limit access to TH 13. 0~ Only one property not owned by BCBS is adjacent to about 11.5% of the frontage of Yankee Drive. This same property takes no access on to Yankee Drive, but has direct access to Blackhawk Road and the traffic signal on TH 13. A representative of Best Brands Corporation expressed concerns about the vacation of Yankee Drive, stating that employees use the existing public street to get access to southbound TH 13 when YDR/TH 13 backs up. The Best Brands representative did support the vacation if the public, including semi-tractors with trailers, were allowed unrestricted access on a separated private driveway through the BCBS parking lots. The private driveway should maintain the current uninterrupted access between TH 13 and YDR on an alignment consistent with the current public street. The attached Riverpark Campus Master Plan indicates such an alignment, except, potentially, for the provision of adequate truck turning movements at the proposed "T" intersection. Staff has received complaints about the west leg of YDR at the TH 13/YDR intersection from area business representatives, including BCBS. The upgrade of this part of YDR, including the addition of a designated right turn lane and construction of a flatter street slope, may adequately address the traffic concerns at the intersection. Such improvements may impact adjacent properties, including BCBS, both physically and financially. • Qwest has requested the City retain drainage and utility easements for their facilities. Staff is waiting for responses from other utility providers in the area. ATTACHMENTS: • Location Map, page ~. • Legal Description, graphic, pa e ,.~~ . • Letter from Petitioner, page . • Riverpark Campus Master Plan, pa e • Utility Locations Exhibit, page , 8/ I Yankee Drive Proposed Easement Vacation 6/11 /03 City of Eagan Location Map RIGHT-OF-WAY TO BE VACATED ~~ ~~ Vacate all of Yankee Drive in Eagan, Minnesota, dedicated as Comserv Drive on the plat of R.L. Johnson 2°d Add., Comserv No. 1 and Mardelann Add., all in Dakota County, Minnesota. ~~ UV 1 "=400' Yankee Drive Proposed Easement Vacation 6/30/03 City of Eagan R\cP ~ ~PNSPOR~ PME YANKEE DOODLE ROAD 83 Description of Right-of--way to be Vacated: BlueCross BlueShield Roger Kleppe of Minnesota Vice President, Human Resources June 9, 2003 ~ S ~•~ Mr. Bruce Allen City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Petition to Vacate Right-of--Way Dear Mr. Allen, P.o. Box 64560 St. Paul, MN Blue Cross and Blue Shield of Minnesota (Blue Cross) is submitting this Petition to Vacate Right-of--Way in regards to Yankee Drive, located between Yankee Doodle 55164-0560 Road and Highway 13. 651.662.2100 In Spring 2002, Blue Cross acquired the Yankee Place buildings (1750 Yankee 1.888.878.0139 ext. zzloo Doodle Road & 3500 Yankee Drive and is currentl the ro ert owner of both ) Y P P Y sides of Yankee Drive and the primary user. Blue Cross' desire is to redesign Fax 651.662.1813 yankee Drive. It will become a private roadway and be designed to meet the roger_w_kleppe® following goals. bluecrossmn.com 1) To visually and physically connect the Riverpark I and II buildings to Yankee Place buildings to form a unified Riverpark Campus and campus atmosphere which is also an objective of the future developments on the east side of Highway 13 at the main Blue Cross Campus. 2) To maximize the efficiency of the Yankee Place buildings, the classification of Yankee Drive as a private road will enable Blue Cross to add additional parking spaces to meet City of Eagan parking requirements. 3) To enhance the pedestrian connection and continue to serve Blue Cross as a roadway. Currently, Yankee Drive primarily serves Blue Cross and will continue to serve Blue Cross when it is redesigned. Upon your review of the enclosed conceptual plans, Blue Cross looks forward to discussing further the requirements for vacating the Yankee Drive as a public right- of-way. ~ , Si Human Resources r.~as Blue Cross and Blue Shield of Minnesota is an independent licensee of the Blue Cross and Blue Shield Association ~~ I ~4RCUIiECiURAE ALLIANCE _ "' ~1 __ _ -, ..b ~_ .. _ ~ •: / _ ~. ll S ~j CMS ~ \ ' .:~:, _ o Yom. ~, `iii :.' IXl, - _ ~ CL;' ~- ~- -,~ /'/A /i T ~.r ., -! I>~ Y'r . _ --?`' r. `'~ .rf t '.ice RIVERPARK CAMPUS MASTER PLAN 06-06-03 gS -!m_ of Eagan Yankee Drive Existing Utilities / ' ~Z°°' 7/10/03 Agenda Information Memo July 15, 2003 Eagan City Council Meeting E. LOT 1, BLOCK 1 HAWTHORNE WOODS 3~ ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public easement within Lot 1, Block 1 Hawthorne Woods 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 27, 2003, City staff received a petition from Mr. Scott Priebe, 546 Eastwood Court, requesting the vacation of a portion of the drainage and utility easements within Lot 1, Block 1, Hawthorne Woods 3rd Addition, south of Diffley Road and west of Highway 3. • The purpose of the request is to allow the construction of an in-ground swimming pool in the backyard of the property. • The easements were originally dedicated to the City as part of the Hawthorne Woods 3rd Addition to accommodate overland drainage within the development. • If approved by the Council, sufficient easements will remain on the property beyond the vacated area to accommodate overland drainage. • 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. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page ~d . • Legal Description Graphic, page. s~ 546 Eastwood Ct. Proposed Easement Vacation 6/11/03 City of Eagan Location Map ~~ 4 b i ~~ F~sTw goo /~~~ i #ss4 ~ ~ ~~ ~ ~s i Existing Drainage & Utility Easement CT. -~ _~ I -- ~ I I I I I I 546 EASTWOOD CT. I I ' ( I I I ~ II J 5,~_____ _ - o__,__-- 5' 0 0 ~ 10.0' /> Area to be Vacated Description of Property to be Vacated: The north 40.0 feet of the south 50.0' of Lot 1, Block 1, Hawthorn Woods 3rd Addition. Also, retaining a 5.0' drainage and utility easement on the east and west side lot lines. 546 Eastwood Ct. Proposed Easement Vacation 6/30/03 City of Eagan Agenda Information Memo July 15, 2003 Eagan City Council Meeting F. PROJECT 801, SILVER BELL RD -FINAL ASSESSMENT ACTION TO BE CONSIDERED: Reschedule the Final Assessment Hearing for Project 801, Silver Bell Rd. for Parcel 10-22450-020-01 to August 4, 2003. FACTS: • On June 17, the Final Assessment Roll was presented for Project 801, Silver Bell Rd. (Overlay). At that public hearing, the Council adopted a modified roll that deleted parcel 10-22450-020-01 due to a notification error and rescheduled it for consideration on July 15. • The necessary renotification was not able to meet the requirements for a public hearing on July 15. Subsequently, a new public hearing should be rescheduled for August 4, 2003. n/D Agenda Information Memo July 15, 2003, Eagan City Council Meeting VI. OLD BUSINESS A. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL (CONDITIONAL USE PERMIT FOR A PYLON SIGN) -COEN DEVELOPMENT GROUP, LLC . ACTIONS TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolutions of Denial of a request for a Conditional Use Permit for a Pylon Sign for Lot 6, Block 1, Diffley Plaza. FACTS: • At its regular meeting on July 1, 2003, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional Use Permit for a Pylon sign for Lot 6, Block 1, Diffley Plaza to be considered at the July 15, 2003 Council meeting. ISSUES: • The applicant has modified the pylon sign to reflect the discussion of the City Council and is prepared to revisit the application at the July 15, 2003 City Council meeting demonstrating the changes. 60 DAY AGENCY ACTION DEADLINE: • A waiver has not been signed • Deadline is August 3, 2003 ATTACHMENTS (1): Findings of Fact, Conclusions and Resolution of Denial, pages 9~ through 9/ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT, In Re: Application of Coen Development CONCLUSIONS AND Group, L.L.C. for a Conditional Use Permits to RESOLUTION Allow for a Pylon Sign This matter came before the Eagan City Council at its meeting of July 1, 2003. The Council received and considered the June 17, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on June 24, 2003; together with all existing files, records and material as presented to the Council. Jim Coen appeared on behalf of Coen Development Group, L.L.C. at the public hearing held by the Advisory Planning Commission and at the meeting of the City Council on July 1, 2003. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Coen Development Group, L.L.C. (the "Applicant") has requested a Conditional Use Permit to allow for a pylon sign on Lot 6, Block 1, Diffley Plaza (the "Property"), in connection with a convenience store/gasoline station. 2. The Property is owned by Jane Astleford. 3. The placement, erection and maintenance of signs is governed by Section 4.20 of the Eagan City Code. 4. Section 4.20, Subd. 1(C)(6) of the Eagan City Code defines a pylon sign as a business sign erected on free standing shafts, posts or walls which are solidly affixed to the ground and which projects more than seven feet above ground level. Pylon signs, when ~~ authorized, are considered a conditional use as defined in the zoning chapter and are subject to all conditions, regulations and fees required for conditional uses. 5. Section 4.20, Subd. 6(B) requires that the applicant submit diagrams, drawings, pictures and other information prior to action by the Council upon the application for pylon sign and no pylon sign shall exceed 125 square feet in area per side. 6. Section 11.40, Subd. 4 governs the issuance of conditional use permits. 7. Under Section 11.40, Subd. 4(C) the Council shall issue such conditional use permits only if it finds... 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 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 central character of that area, nor substantially diminish or impair property values within the neighborhood. 8. The Planning Report contained a depiction of the proposed pylon sign submitted by SignResource. Additionally, the Applicant provided the Council with drawings depicting the pylon sign. 9. The proposed pylon sign is 27 feet in height, of which approximately the top 8 feet contains a Shell Oil insignia, and the remaining 19 feet appearing as an oil drum with additional signage on the top 4 %2 feet thereof. 10. The Property is zoned NB, Neighborhood Business, and is the first lot to be developed within the plat known as Diffley Plaza, generally located at the southwest intersection of Diffley Road and Johnny Cake Ridge Road. 11. Neighborhood Business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods, intended to provide daily retail goods and services. 9-~ 12. Residential districts lie immediately to the north and south of the Diffley Plaza development. 13. On a vote of 5 in favor, 2 against, the Advisory Planning Commission, recommended approval of the Conditional Use Permit to allow a pylon sign on the Property, subject to conditions contained in the Planning Commission Minutes. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. The proposed sign is industrial in appearance. 3. The proposed sign is not harmonious with the residential character of the surrounding properties nor does it meet the objectives of a neighborhood business. 4. The oil drum appearance for the base of the pylon sign is incompatible with the appearance of the character of the general vicinity. 5. The Property maintains the ability to have a pylon sign which meets the City Code and is compatible with a neighborhood business in the vicinity. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Conditional Use Permit for a Pylon sign on Lot 6, Block 1, Diffley Plaza is hereby denied. Dated at Eagan, Minnesota this day of , 2003. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Karels Its: City Clerk 9~ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER NINE ENTITLED "PARKING REGULATIONS" BY ADDING SECTION 9.17 REGARDING RESTRICTED PARKING IN STAFFORD PLACE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Nine is hereby amended by adding Section 9.17 to read as follows: Sec. 9.17. Special Pazking Regulations. Subd. 1. Resident Pernut Pazking. A. Stafford Place Neighborhood. It is unlawful for an~person to park any vehicle, as defined in Minn. Stat. Chapter 168, on any street within the Stafford Place neighborhood that is duly designated as a prohibited street by resolution of the City Council thereinafter "Resident Permit Parking Zone") or violation of any pazking restriction duly adopted by resolution of the Eagan Citv Council, unless a resident parking_pernut has been issued by the City and is displayed in the vehicle. A map depicting the prohibited streets and parking restrictions thereon in Stafford Place neighborhood shall be available for public inspection in the Public Works Department. B. Pernut Regulations. 1. Only persons who can verify permanent residence at a residential property which abuts the street within the Resident Permit Parking Zone shall be eligible to obtain a resident parking permit from the C 2. The permit shall be issued for the residential property address and shall be in effect so long as the resident who obtained the permit resides at the property. 3. The permit issued hereunder shall be conspicuously displayed from the rear view mirror inside the vehicle while parked on the street during the restricted parkin hg ours. 4. No more than three (3) permits shall be issued for any one residential ro e 96 Agenda Information Memo July 15, 2003 Eagan City Council Meeting B. STAFFORD PLACE - PARHING PERMIT ORDINANCE ACTION TO BE CONSIDERED: Approve an amendment to Eagan City Code Chapter Nine by adding Section 9.17, and adopt a resolution defining the Permit Parking Zone and related designation of parking restrictions as presented (OR modified). FACTS: • On May 20, 2003 the City Council authorized the expansion of the current Permit Parking restrictions within the Stafford Place and the transfer of the on street parking on Braddock Trail from the east side to the west side. • On June 10, the Council rescinded their previous action regarding Braddock Trail only and directed that the east side parking and current Permit restrictions on Braddock Trail generally remain as is. They directed the Staff to prepare an ordinance and permit program as necessary to implement these changes. • On June 17, the Council rejected a petition to reconsider the Permit Parking restrictions on the internal streets within Stafford Place and reaffirmed their previous directive from May 20. • On June 24, the Council stipulated the various criteria for implementing the Permit Parking Program and scheduled the ordinance for formal consideration on July 15. • A letter has been sent out to all property owners within Stafford Place informing them of the proposed ordinance amendment and permit criteria. ATTACHMENTS: • Proposed Ordinance amendment, ages ~ through ~~. • Proposed Resolution, page . • Ma s defining the Permit Parking Zone, Parking Restrictions and signage, pages through ~~. • Notification Letter to residents, pages 1S~^ through /~3 9s 5. The permit maybe used by or for anv vehicle with the consent of the resident permit holder. C. Permit Application and Fee. 1. A resident parking permit may be obtained by an eligible person, subject to the pemut regulations stated herein, upon completing and filing with the City a permit application on a form provided by the C~ 2. Any eligible resident may obtain a duplicate or replacement resident p~`pemut for any permit previously issued that is lost or destroyed. The permit for which the duplicate permit is issued shall be invalidate and no longer in effect. 3. The permit fee and anv duplicate permit fee shall be established by City Council resolution. D. Exemption. 1. Persons who are verformin~ services, maintenance, repairs. or emergency assistance at a residence within the Resident Permit Parking Zone shall be exempt from the parking restrictions set forth in this Subdivision, provided the person's vehicle has exterior markings or signage identifying the service provider and no parkin shall be pemvtted at anv time immediately upon and after the completion of the services or assistance. 2. This Subdivision shall not appl try City owned or contracted vehicle. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 9.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 9~ CITY OF EAGAN A RESOLUTION ADOPTING PARKING RESTRICTIONS IN THE STAFFORD PLACE NEIGHBORHOOD IN ACCORDANCE WITH EAGAN CITY CODE, SECTION 19.17 ORDINANCE NO. 2~ SERIES WHEREAS, in accordance with Minnesota Statutes, § 169.04 and 169.34, the City of Eagan has the authority to ban or otherwise restrict parking on public streets. WHEREAS, the.residential neighborhood of Stafford Place is adjacent to or near the Eagan High School, which does not provide adequate off-street parking. Persons employed by or attending the Eagan High School frequently park their vehicles on nearby residential streets within the Stafford Place neighborhood, resulting in public health, safety and welfare concerns. To protect persons residing within the Stafford Place neighborhood and other pedestrians within the neighborhood, as well as real and personal property, from hazardous traffic conditions, excess noise, and intrusive vehiculaz traffic and to preserve and protect the general health, safety, welfare and integrity of the residential uses within the Stafford Place neighborhood, City Council has approved and adopted Ordinance No. 2na Series. WHEREAS, in accordance with Ordinance No. 2na Series, the City Council, by resolution, may establish and designate streets within the Stafford Place neighborhood as restricted pazking streets and establish parking limitations and restrictions on the designated prohibited/restricted streets. BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, hereby adopts the Permit Parking Zone and the designation of parking restrictions thereon as depicted in the attached maps, which are incorporated herein and made a part hereof. ADOPTED by the Council this 15a' day of July, 2003. Pat Geagan, Mayor ATTEST: Maria Karels, City Clerk 9~ sdF"' \\\~~`~J C Q 4.i V ~ L No Seat ~R B~"~ 5~ E 5~'~ 0 0 0000 O o0 _^~ 0 O~ R S O J F~ b ~ ~`~ ~ Y U O Q ~~ m a 0 O ~i'~~~ EAGAN HIGH SCHOOL d 6Q 0 ~ 0 V. DIFFLEY ROAp I ~ Permit Parking Zone July ~. 2003 City of Eagan 9y Parking by Permit Only ~~ 8:00 AM to 9:00 PM (7 days/week) • • • Parking by Permit Only (When school is in session) xxxx No Parking (Anytime) • Mailboxes Q a No Scale EAGAN HIGH 4163 SCHOOL es6 816 4c46 i .~ 4~ 406D ao6a 4or2 4ma 4oeo 4oe4 40~ 4os6 4102 4106 4110 1 1114 4118 DIFFLEY ROAD Parking Restrictions ~~lys,2oo3 City of Eagan ~~a ~~ Mailbox side of the street Parking By Permit Only Sam - 9pm 7 Days/Week Non-mailbox side Parking By Permit Only Sam - 3pm When school is In session /o/ city of eac~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 Poinc 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 July 8, 2003 RE: Stafford Place Neighborhood -Additional Permit Parking Restrictions Deaz Property owner, As you know, on several occasions the City Council has discussed and considered several options to address the concerns of occasional excessive parking within the Stafford Place neighborhood and along Braddock Trail. As a result of this discussion, the Council has taken the following action to date: 1. On the mailbox side of the internal streets*, place new signs stating "Parking by Permit Only, 8 am to 9 pm, 7 days a week". *Note: This will apply only to the following streets: • Pennsylvania Ave. (Braddock to States) • Reading (Pennsylvania to Cul-de-sac) • Ventnor Ave. (Braddock to States) • New York Ave. (Ventnor to Cul-de-sac) • Pennsylvania Ave. (Braddock to Short line) 2. The existing signs ("Parking by Permit Only, 8 am to 3 pm when school is in session") will remain as is on the non-mailbox side of the internal streets noted above. 3. On Braddock Trail, the existing signs ("Parking by Permit Only, 8 am to 3 pm when school is in session") will remain as is, exce t for that segment between north Pennsylvania and Northview Park Rd. where No Parking will be allowed at any time. Curbs will be painted yellow in front of hydrants and mailboxes to provide increased awareness of existing restrictive parking laws. 4. Direct the City Attorney's office to prepare the appropriate ordinance for Council approval authorizing the installation and enforcement of permit parking. On July 17, the Council will consider the adoption of this ordinance. A copy of the proposed Ordinance amendment and supporting Resolution are enclosed for your information. /o~ Also, on June 24, the Council adopted various parameters for the associated Permit Process. They are listed as follows: 1. A maximum of 3 permits will be issued to the property address only. 2. No "visitor" permits will be issued. 3. Marked vehicles of service vendors and home contractors which are exempt from the pemut pazking restrictions and do not need a permit while performing work at the related address. 4. Permits will be transferable with restrictions. 5. Issued Permits will be valid for the duration, held by the resident. 6. No fee charged for initial or duplicate Permits. 7. Permit must be visibly displayed from the rear view mirror. The Council meeting on July 15 starts at 6:30 pm in the Council chambers at the Municipal Center. This item will be considered under "Old Business". A copy of the agenda showing the position of this business item is posted on the City's website: ww~v.cityofeaQan.com the Saturday before the Council meeting. Thank you for your continued interest, patience and past participation in this neighborhood issue. Sincerely, Thomas A. Colbert Director of Public Works Enc: Ordinance and Resolution with maps Cc: Mayor and City Council members Thomas L. Hedges, City Administrator Mike Dougherty, City Attorney Kent Therkelsen, Police Chief /Q~ Agenda Information Memo July 15, 2003 C. ORDINANCE AMENDMENT -CONSIDERATION OF ORDINANCE AMENDMENT ALLOWING 2:00 A.M. CLOSING FOR ON-SALE LIQUOR ESTABLISHMENTS ACTION TO BE CONSIDERED: To approve adoption of an ordinance amending Eagan City Code Chapter 5 to allow on- sale liquor establishments to close at 2:00 a.m. OR To deny adoption of an ordinance amending Eagan City Code Chapter 5 to allow on-sale liquor establishments to close at 2:00 a.m. FACTS: • Newly enacted legislation allows intoxicating liquor and 3.2% malt liquor on-sale establishments to stay open until 2:00 a.m. In order for an establishment to remain open unti12:00 a.m., a permit must be obtained from the State and a State fee must accompany the permit. • In cities with ordinances specifically stating a closing hour of 1:00 a.m., it is necessary for the City Code to be amended to allow establishments to take advantage of the 2:00 a.m. closing, if the City so desires to enact a later closing time. Eagan's City Code specifically states that closing time for on-sale establishments is 1:00 a.m. • As background, the Eagan Convention and Visitors Bureau conducted an informal survey of on-sale liquor license holders prior to the enactment of the new legislation. The results indicated that eight respondents were in favor of extending the hour to 2:00 a.m. Of the group responding, those in favor included the Eagan Steak House, Doolittle's Air Cafe, Davanni's, Chili's, Bonfire, Al Baker's, Hilton Garden Inn, and West End Hunting & Fishing Club. The Cherokee Sirloin Room was opposed. • Following enactment of the legislation, another survey was sent by the ECVB to the on-sale establishments regarding Eagan's response to the 2:00 a.m. closing time. In that response, four establishments supported the 2:00 a.m option, Joe Senser's, Bonfire, Cedarvale Lanes, and the Hilton Garden Inn while the Cattle Company was opposed. • At the July 1, 2003 City Council meeting, the City Council directed that a meeting be held for all licensed on-sale establishments inviting them to share their thoughts regarding the 2:00 a.m. closing. An invitation to the July 10 meeting was sent to 45 on- sale establishments. • Twelve individuals representing eight establishments were present at the meeting held on Thursday, July 10. /a y • There was a strong consensus ofthose preserrt that a 2:00 a.m closing should be provided for in the Code; thereby allowing the option to the individual restaurants. The issue of uniformity with other cities to help prevent late night shuffling from one city to another was a key component in the discussions. Citing the Stillwater/Wisconsin experience and experience in other markets (Old Chicago) the individuals suggested that avoiding the shuffle would promote safety. Not everyone represented necessarily planned to go to 2:00 a.m closing, if allowed, and those that would change would not do it every night. • A representative of Joe Sensor's called that they would not be able to attend the meeting but remained in favor of changing to 2:00 a.m • After the meeting Rick Casper stopped into City Hall to note that they are now in favor of going to the 2:00 a.m closing option as other cities begin to make the change. • In a combined summary of the surveys, calls and the meeting, 16 establishments (eliminating duplicates) have indicated favoring a change to allowing fora 2:00 a.m closing while one now remains on the record in opposition. ATTACHMENTS: • A copy of an Ordinance Amendment to Chapter 5 providing fora 2:00 a.m closing is enclosed onpages / ~d and ~. • A list of cities from which State permits have been requested fora 2:00 a.m closing is enclosed on page ~/D ~ . (Other cities may be allowing 2:00 am. closing with no permits requested as of this time from the state.) • A list of the individuals attending and the est~ab~li/sy~hments represented at the July 10 informational meeting 1S enclosed onpage . • A copy of the previous ECVB survey summary information as presented at the meeting is enclosed on page / / b . • A copy of the State permit process information as presented at the meeting is enclosed on page ~_. /OS ORDINANCE NO. 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 5.53, 5.54 AND 5.71 REGARDING HOURS AND DAYS OF LIQUOR SALES; 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 5.53 is hereby amended to read as follows: Sec. 5.53. Hours and days of liquor sales. Except as otherwise provided in section 5.54, no on-sale shall be made after x-:98 2:00 a.m. on Sunday, nor between the hours of -1-:99 2:00 a.m. and 8:00 a.m. on Monday through Saturday. No off-sale shall be made on Sunday nor before 8:00 a.m. or after 8:00 p.m. of any day, except Friday and Saturday, on which days off-sale may be made until 10:00 p.m. No off-sale shall be made on Thanksgiving Day, or Christmas Day, December 25, but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made unti110:00 p.m. No sale of liquor shall be made after 8:00 p.m on December 24. Section 2. Eagan City Code Chapter 5.54 is hereby amended to read as follows: Sec. 5.54. Sunday sales. The electorate of the city having heretofore authorized the same, a Sunday on-sale liquor license may be issued to hotels, motels, restaurants, or clubs, as defined in this chapter, which have on-sale licenses and which also have facilities for serving not less than 30 guests at one time. The hours of such sales shall be from 10:00 a.m, on Sunday to -1:88 2:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conformance with the Minnesota Clean Indoor Air Act. Section 3. Eagan City Code Chapter 5.71 is hereby amended to read as follows: Sec. 5.71. Hours and days of sales by on-sale wine licensees. No on-sale of wine shall be made between -1-:88 2:00 a.m. and 10:00 a.m. on Sunday nor between the hours of x:99 2:00 a.m. and 8:00 a.m. on Monday through Saturday nor between the hours of 8:00 p.m. on December 24 and 8:00 a.m. on December 25. Provided, however, that the sale of wine shall be made between the hours of 10:00 a.m. on Sunday and x:88 2:00 a.m. on Mondays, only if the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. /06 Section 4. Eagan City Code Chapter 5.81, subd. 3.C. is hereby amended to read as follows: C. No licensee may permit a person to consume or display liquor or no person may consume or display liquor, between ~:9A 2:00 a.m and 12:00 noon on Sundays, and between ~:A9 2:00 a.m and 8:00 a.m on Monday through Saturday. Section 5. 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 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Mania Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Pax Geagan Its: Mayor ~~ Cities that have issued 2:00 a.m. permits Annandale Blue Earth Breckenridge Bricelyn Brooklyn Park Clearwater Detroit Lakes Dilworth Elko Hopkins Inver Grove Heights Lake Shore Lakeville LeRoy Lilydale Little Falls Loretto Mahtomedi Minneapolis Minnetonka Moorhead Pelican Rapids St. Bonifacius St. Louis Park South St. Paul Taylors Falls Waconia Watkins Cities that have recently approved 2:00 a.m. closing time (in addition to those listed above) St. Paul /Ofd Informational Meeting - 2:00 a.m. Bar Closing On-Sale Intoxicating and 3.2% Malt Liquor Licensees Thursday, July 10, 2003 Please Print Name Establishment ~ol~~ sGteGlic~vt ~, n ci ~~R ~~ ~~ ~~ij/ ~~"QC~CrG ~(zl l~ 0~~ ~s~ ._- v ~' n ~nlA~o~ ~~R6~ ~i Q~~~ ~ ~fls`-S~ 1~ ~ ~~aF_ ~ J~~ ,~ sa.,. ~oc~,~2 ~ f~~t~ ~r~-rte D~l,~l~s ,4t~ ~~ ,9L ,~ s-t~R ~ 4 ~ oaf ~l~l~ ~t~ ~~'~~ J ~s c~cvs S~~PF2 G c. a~ ~.e- ~ov .~ ~~S ~~a~ ~ ~1z'S ~' ~ ' ass /09 Eagan Convention & Visitors Bureau Survey Results • Pre-Legislation Enactment Survey Eight supported 2:00 a.m. closing: Eagan Steak House, Doolittle's Air Cafe, Davanni's, Chili's, Bonfire, Al Baker's, Hilton Garden Inn and West End Hunting & Fishing Club One opposed: Cherokee Sirloin Room • Post-Legislation Enactment Survey Four supported 2:00 a.m. closing: Joe Senser's, Bonfire, Cedarvale Lanes and the Hilton Garden Inn One opposed: Cattle Company /~o DATE ., ~. DATE: July, 2003 TO: FROM: ALCOHOL BEVERAGE INDUSTRY AND LICENSING AUTHORITIES FRANK BALL, DIRECTOR Page 1 of 2 ,~,~: n~ox~r ~ c^a~rmo ~-. SUBJECT: 2 A. M. CLOSING LAW, 2003 LEGISLATIVE SESSION (Link to Application Below) The 2003 Minnesota Legislative Session passed legislation to allow for the sale of alcoholic beverages on the liquor licensed premises until 2:00 A.M. on all days of the week effective July 1, 2003. Licensees will need to apply for a special 2:00 A.M. license from the Alcohol and Gambling Enforcement Division (AGED) and pay a fee based on their previous annual 12 months of liquor receipts. 3.2% malt beverage licensees, setup licensees, and licenses who have not sold alcoholic beverages for the past 12 months prior to application for the 2:00 A.M. license, will pay a flat $200 fee. The 2:00 A.M. special license will run 12 months from the date of approval by the Alcohol and Gambling Enforcement Division. In addition, the new 2:00 A.M. legislation provides that local licensing authorities, (cities and counties) must inform (certify) to the commissioner (AGED) within 10 days of the issuance of all 3.2% beer licenses. Cities have for many years already been required to fulfill this certification requirement for all on sale and Sunday intoxicating liquor licenses. Now alt 3.2% liquor licenses issued by cities or counties will also need to be certified to the Commissioner. This licensing authority certification is necessary whether or not a licensee is applying for the 2:00 A.M. Special License. The commissioner provides the form upon request for this certification as described below. The application for the Optional 2 A.M. Special Closing License and the Certification of an On sale Intoxicating Liquor and Sunday License, as well as, the 3.2% Malt Beverage License Certification is all on one convenient form, Form No. 9011-2AM. This form replaces the old PS 9011 form, the On Sale and/or Sunday Certification form previously used by cities to inform the Commissioner of the issuance of their on sale intoxicating liquor licenses. The top part of the new form, 9011-2 AM, contains all of the licensee certification information, and the bottom section contains a separate section for the Optional 2:00 A.M. license, signature requirements by cities and counties and licensee signatures. The entire form must be filled out completely and signed by the local licensing authority and the licensee in order to qualify for the 2:00 A.M. Special License. The check for the Optional 2:00 A.M. Special License is made payable to the Alcohol and Gambling Enforcement Division (AGED) in the amount indicated on the fee schedule in the 2 A.M. section of the form. Licensees making application for the Optional 2 A.M. Special License should verify with their local licensing officials that local ordinances allow for the sale of alcoholic beverages until 2 A.M. The completed 9011-2AM along with the check for the 2:00 A.M. license is sent to the Alcohol and Gambling Enforcement, 444 Cedar Street, Suite 133, St. Paul, MN 55101 The new Certification of Liquor License or Application for Optional 2:00 A.M. Closing Application Form 9011-2AM follows this memo. If you would like to request the form by mail or fax or if you have any questions regarding the Optional 2:00 A.M. Special Liquor License or the requirements for On Sale Certification or the new 3.2% malt beverage license certification process, please call the Alcohol and Gambling Enforcement Division (AGED) at 651-296-6979. Click here for Application /// http://www.dps.state.mn.us/alcgamb/tam%20closing%20memo.htm 7/7/2003 Agenda Information Memo July 17, 2003, Eagan City Council Meeting VII. NEW BUSINESS A. A COMPREHENSIVE LAND USE AMENDMENT (LOT 1, BLOCK 2, EAGAN PRESERVE) -DUKE CONSTRUCTION LP ACTIONS TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to change the land use designation within Special Area 4, from O/S, Office Service to RC, Retail Commercial on 3.5 acres located at 1515 Central Parkway, Lot 1, Block 2, Eagan Preserve in the SE'/< of Section 9. FACTS: • The applicant requested to continue the rezoning request. • The subject property is vacant. • The property is currently guided SA, Special Area. Within the Special Area, the subject site is identified as O/S (Office/Service) land uses. • The subject property is currently zoned RD, Research and Development. • The applicant intends to provide a retail use on this property. • The Advisory Planning Commission held a public hearing on June 24, 2003, and are recommending denial, based on lack of detail of intended users and inconsistency with the surrounding area. 60 DAY AGENCY ACTION DEADLINE: • Deadline is August 3, 2003 for the Comprehensive Guide Plan ATTACHMENTS (3): Advisory Planning Commission Minutes page(s) ~3'~~s Planning Staff Report pages ~througl~,,~j, /ra City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 Page 12 G. COMP. GUIDE PLAN AMENDMENT 8~ REZONING -DUKE CONSTRUCTION LP A Comprehensive Guide Plan Amendment to change the land use designation of Lot 1, Block 2, Eagan Preserve from SA, Special Area Office/Service to SA, Special Area Retail/Commercial and a Rezoning from RD, Research and Development to PD, Planned Development to allow a shopping center, located at 1515 Central Parkway in the SE '/< of Section 9. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated June 18, 2003. She noted the background and history. Applicant Bob Smith introduced himself and stated he is available for questions. He discussed the proposed plan and asked that the Rezoning proposal be continued. Reid Hansen, Perron family attorney, stated the Comprehensive Guide Plan Amendment is supported by his client. They are affiliated with the property to the west of the subject property. 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 property should be kept as office/service. She stated the 3.5- acre parcel might not be viable, however the 20-acre parcel to west is viable as office/service. Member Bendt stated the City has made along-term commitment to this area for a business campus. He stated he is uncomfortable changing the land use designation. Member Miller stated retail and restaurant uses may be appropriate in this area being in close proximity to the college and other businesses. He indicated a sit down restaurant would be appropriate not fast food. Member Gladhill recommended that this application not be approved until there is a specific user provided with a specific plan. Attorney Bauer stated the Advisory Planning Commission shou-d act on the Comprehensive Guild Plan Amendment. He also stated the zoning should fit the Comprehensive Guild Plan. Member Miller asked if the Advisory Planning Commission approves the Comprehensive Guild Plan, would it cost the City future control or input as to what is developed on the property. Senior Planner Ridley explained that if the City Council and the Metropolitan Council approves the proposal, the City Council could implement the Amendment or wait to implement the Amendment until the rezoning is approved. //.3 City of Eagan Advisory Planning Commission Meeting Minutes June 24, 2003 j*~ Page 13 j,~ Member Heyl stated she would vote against the proposal. Member Steininger stated he would vote in favor of the proposal. He stated the Planning Commission would have the opportunity to review the item in the future. Member Miller stated he is concerned for what will be going into the development. He stated changing the Comprehensive Land Use Plan could give the developer an opportunity to develop the site with a straight zoning that would not require the site plan to be reviewed by the Planning Commission. Chairman Huusko stated he would vote in favor of the proposal, with a strong suggestion to the City Council that it not be implemented until the developer has more information on the uses. Member Gladhill stated he would vote against the proposal, however, he would feel differently if there were planned tenants. Member Bendt stated he would also vote against the proposal. Member Leeder stated possible tenant information would be determined when the college opens. He stated he would not change the .land use now, wait until more is known about the traffic and other demands. He recommended that the City stick to the Guild Plan until there is a good reason to change it. Member Heyl moved, Member Steininger seconded a motion to approve a Comprehensive Guide Plan Amendment to change the land use designation of Lot 1, Block 2, Eagan Preserve from SA, Special Area Office/Service to SA, Special Area Retail/Commercial, located at 1515 Central Parkway in the SE '/< of Section 9 subject to the following conditions: The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Preliminary Planned Development Agreement: a. Preliminary Site Plan b. Preliminary Building Elevations c. Preliminary Landscape Plan d. Preliminary Site Lighting Plan e. Preliminary Sign Plan 2. The property shall receive final subdivision/plat approval prior to building permit issuance. 3. Building setbacks on the perimeter of the site shall not be less than 50 feet from Yankee Doodle Road, and 30 feet from Quarry Lane and Central Parkway. //~{ City of Eagan Advisory Planning Commission Meeting Minutes (~ , E June 24, 2003 1.~f Page 14 4. The final Building Elevation plans shall include exterior materials and colors. 5. Site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be hooded and directed to deflect light away from adjacent properties. A vote was taken. Aye: Steininger, Huusko, and Miller. Nay: Hansen, Heyl, Bendt, and Gladhill. Motion failed 3-4. ~~s PLANNING REPORT CITY OF EAGAN REPORT DATE: June 18, 2003 CASE: 09-CG-06-OS-03 09-RZ-06-OS-03 APPLICANT: Robert Smith/Duke Construction HEARING DATE: June 24, 2003 PROPERTY OWNER: Robert Smith/Duke ConstAPPLICATION DATE: June 4, 2003 REQUEST: Comp Plan Amendment Rezoning LOCATION: 1515 Central Parkway PREPARED BY: Sheila O'Bryan COMPREHENSIVE PLAN: SA 4, Special Area (Central Area) ZONING: RD, Research Development SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Land Use Amendment to change the land use designation within Special Area 4, from O/S, Office Service to RC, Retail Commercial on 3.5 acres located at 1515 Central Parkway, Lot 1, Block 2, Eagan Preserve in the SE '/a of Section 9. The applicant is also requesting approval of a Rezoning from RD, Research Development to PD, Planned Development and a Preliminary Planned Development to allow retail uses on 3.5 acres located at 1515 Central Parkway, Lot 1, Block 2, Eagan Preserve in the SE '/4 of Section 9. AUTHORITY FOR REVIEW Comprehensive Guide Plan: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and maybe amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational //6 Planning Report -Duke June 24, 2003 basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. 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. Planned Development: City Code Chapter 11.60, Subd. 1 S, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY In December 1999, Duke Realty Corporation entered into a purchase agreement with Joe Miller Farms to acquire 80 acres of vacant land. In March 2000 Duke sold the City 60 acres of this land for Central Park. In October 2002 the remaining 20 acres were subdivided into two lots and one Oultot, as Eagan Preserve. Duke Construction LP is currently building a 90,000 squaze foot building for Argosy University on Lot 1, Block 1, the north 8.3 acre lot that will be completed and turned over to Argosy in September 2003. The 3.5 acre south lot is the final pazcel available for construction. /~9 Planning Report -Duke June 24, 2003 Page 3 EXISTING CONDITIONS As part of the overall development of Eagan Preserve the entire land area has been graded "pad ready". SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Argosy University RD, Research and SA 4, Central Area -Office Develo ment Service South Townhomes R-4, Residential Multiple HD, High Density Residential 12+ units/acre East Office RD, Research and SA 4, Central Area -Office Develo ment Service West Vacant A, Agriculture SA 4, Central Area -Office Service EVALUATION OF REQUEST Comprehensive Guide Plan and Rezoning: Comprehensive Land Use Plan Amendment -The property is currently guided SA, Special Area. Within the Special Area, the subject site is identified as O/S (Office/Service) land uses. The O/S land use designation was applied to this property for consistency within the area. Compatibility with Surrounding Area -The subject property is surrounded with a broad range of land uses. The Office/Service Land Use designation is geared toward office and lower intensity service and retail businesses. The Retail Commercial land use designation is intended for a variety of retail related uses. The Comprehensive Land Use suggests Retail Commercial development should be designed at a scale compatible with nearby residential uses. Sidewalks and trails should be provided to connect these smaller commercial developments to surrounding neighborhoods. With the Eagan Preserve development an 8-foot bituminous bicycle/pedestrian trail has been installed as part of the Central Parkway street project. The Comprehensive Land Use Plan also suggests that Retail Commercial uses tend to generate substantial amounts of customer traffic. Visibility and convenient access is also important. The proposal requests access from Quarry Lane, Central Parkway and Yankee Doodle Road. The subject property is in close proximity to Pilot Knob Road and Interstate 35E. Overall, a retail use of this scale appears compatible with the surrounding area. Additional retail to this area adds convenience to the existing offices, residential and future Argosy University. //£f Planning Report -Duke June 24, 2003 Page 4 The appropriateness of the proposed Iand use amendment is a policy matter to be determined by City Officials. - Proposal -The applicant is proposing a Comprehensive Land Use Plan update from Special Area Office/Service to Retail Commercial and a rezoning from Research Development to Planned Development to allow miscellaneous retail uses on the subject property. More specifically the applicant is requesting to allow general uses listed in the Community Shopping Center, and General Business zoning districts. The site plan represents the most intense use for the property with three buildings on the parcel. The site plan is conceptual at this time and is subject to change upon development. Planned Development Zoning -The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Staff is concerned that the developer has not illustrated higher design standards than what could be achieved through straight zoning. Specifically, only the use of the smallest building is identified and design and azchitectural features are not provided. As mentioned earlier, the developer is proposing general uses allowed in the CSC and GB zoning districts. Normally, a Planned Development benefits the City by specifying future uses. Typically, specific minimum and maximum zoning standards do not apply; however, the CSC (Community Shopping Center) zoning district standards are used as a basis for comparison with this proposal. Bulk Standards -Although the applicant is requesting to rezone the property to PD (Planned Development), the site plan was reviewed using the CSC (Community Shopping Center) zoning district standards. Setbacks - As the table below indicates the proposal meets all of the standard setback requirements except for the 20 foot parking setback from Quarry Lane. Setback requirements are not established in a Planned Development zoning. Setback Buildin Parkin Ordinance Pro osed Ordinance Pro osed Front ard: Yankee Doodle 50 feet 75 feet 20 feet 20 feet Front yard: Quarry Lane 30 feet 100 feet 20 feet 17 feet Front ard: Central Parkwa 30 feet 65 feet 20 feet 20 feet Side ard 10 feet 80 feet 5 feet 20 feet Rear ard 20 feet NA 5 feet NA Building Coverage- A maximum of 30% of the lot can be covered with buildings. The site plan breaks the development into three one acre lots. The total building coverage for Lot 1 is about 1%. The total building coverage for Lot 2 is about 1%. The total building coverage for Lot 3 is about 19%. //9 Planning Report -Duke June 24, 2003 Page 5 Green Space - A minimum of 30 percent of the site is required to be green space. Proposed Lot 1 has 49% green space. Lot 2 has about 21 percent green space and Lot 3 has about 25 percent green space. Building Height -Building height is limited to 35 feet in height. The submitted plans did not include elevations. Lot Area -The minimum lot size is five acres. The subject site is 3.59 acres. Trash Enclosure - in Commercial zoning districts the trash enclosure is required to be attached to the principle building. The site plan indicates a detached trash enclosure. Lots -The site consists of one lot. The Site Plan indicates the possibility of having three one acre lots; however, a Preliminary Subdivision was not proposed. Each lot has one building proposed and associated parking. The Site Plan indicates that each building has a drive through associated with it. A drive through requires a minimum of 6 stacking spaces, the site plan does not reflect this requirement. The final site plan should indicate the site can accommodate this requirement. Grading/LTtilities -Grading and utility review will occur with building permit application. The engineering issues related to this application have been satisfied through the final subdivision of Eagan Preserve. The preliminary site plan submitted with the application reflects a proposed driveway access to Yankee Doodle Road (County Road 28). The Dakota County Transportation Department has indicated that this access will not be allowed, given the available access to City streets for this development. The developer will be required to obtain permit approval from Dakota County for this access onto Yankee Doodle Road. Parks and Trails -Park and trail requirements were satisfied with the Eagan Preserve subdivision. SUMMARY/CONCLUSION The applicant is requesting approval of a Comprehensive Land Use Plan Amendment to change the land use designation within Special Area 4, from O/S, Office/Service to RC, Retail Commercial and a Rezoning from RD, Reseazch Development to PD, Planned Development and a Preliminary Planned Development to allow retail uses located at 1515 Central Pazkway, on Lot 1, Block 2, Eagan Preserve. If the Guide Plan Amendment is acted upon favorably, Staff suggests implementation be delayed until specific uses and/or users specific design standards are identified, reviewed and approved by the City Council. /a o Planning Report -Duke June 24, 2003 Page 6 The Site Plan represents the highest intensity of uses for this property, but lacks specific information. The site plan breaks the property up into three lots, although the applicant has not requested a subdivision. Each Iot has a different building and parking associated with that building. A landscape and lighting plan should be submitted and reviewed by the City Council. As well as building height, green space, and trash enclosures. Engineering issues have been satisfied through the final subdivision of Eagan Preserve. The site plan indicates access onto Yankee Doodle Road; the Dakota County Transportation Department has indicated that this access will not be allowed, given the available access to City streets for this development. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation within the Special Area from O/S, Office Service to RC, Retail Commercial, on 3.5 acres located at 1515 Central Parkway on Lot 1, Block 2, Eagan Preserve. To recommend approval of a Rezoning from RD, Research to PD, Planned Development to allow retail uses located at 1515 Central Parkway, on Lot 1, Block 2, Eagan Preserve. If approved the following conditions shall apply: 1. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Preliminary Planned Development Agreement: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Sign Plan 2. The property shall receive final subdivision/plat approval prior to building permit issuance. 3. Building setbacks on the perimeter of the site shall not be less than 50 feet from Yankee Doodle Road, and 30 feet from Quarry Lane and Central Parkway. 4. The final Building Elevation plans shall include exterior materials and colors. 5. Site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of--way or adjacent properties. Such illumination shall be hooded and directed to deflect light away from adjacent properties. /a/ layan boundary PareN Aria Location Map ~str""'n`M'~- ~.~~."y~ 6uildiny Pnotptlrrt I / ~a 7 ~ ate.. ....~~ ~ 9P _ ^ ° '8 '.f. `F3 • o aa~ ~ ®~~® ®® ....y i ® ® - $a ~p 8 9a ]~ ~ .y _ _ i .e- -S .. ~ ~~ +""_.-C ~ 9 7 / r ® ® E ~ ~ a ®® ~ . I ~~ ®~ ~.. =~ ®® A ,,. ,~ ~~~ ®®~e ,fir ~ ~~~ ~ ~ ~ ~~ r .~ - ~~ ~ ~ j --= ~~ ~~ ~ Sub ect Site ~ - s ~ ' ~ `. ' ~~ 9 r 3 .a m(O® ~ ~ ® x ? < -~ _ c ~ ~ ~ ,. 9 :?t t~ ;; ~ 3 ° 7 ~ i; •~ D~ ~ ~ ~ ~~ - ~ ~ ~ 9 d ~4i 8 ~-, ~ ~ Y o ~ am a ' ~~ ~ x~ g 1000 ~ ':~ ~ 0 1000 2000 Feel Development/Developer: Duke Construction Application: Comp Plan Amendment, Rezoning ~~ Case No.: 09-CG-06-05-03, 09-RZ-06-05-03 Map Pnpand utlnp ERSI McVknv 3.1. 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N ~ ~ ~________._o. ~ ~ ®. ~~ ~ • \ J> ~ w J \ W ;``` =` ~\ ~~~ ~ .~..~ ;*~' . _. . r, ~~ \ d; :I ,~ ~ TU. _ 0 o mw - j _ s~~ ~--U®~I IIIIO'')~~IIII~~__ ~1.~ NJ 8OO m O ~O ~p ~ ~ ~~ ~~ I -~ -~ _J -~ -~ ____i d t(~ ~Z~ 1 `- --®------- J 1 - ~~,~ b ~ n 0 `,~ ;E. " c &^.J..2C~ COtu'uiiC O.tCJ-ur-i :•a. es s~..w-.uC-~!e:~...~..es ~.~.,.e~.•.~:1" Ae A:~aec-~ sr- tee.-c P~~.~.~~~~• ..e~uc.s..~~uMa~n+as~.e~ ~'I uke CONSTRUCTION Application for Comprehensive Guide Plan Amendment and Rezoning Eagan Preserve OWNER/APPLICANT: Duke Construction LP 1600 Utica Avenue South, Suite 250 St. Louis Park, MN 55416 CONTACT PERSON: Robert P. Smith, Development Manager Duke Realty Corporation 1600 Utica Avenue South, Suite 250 St. Louis Park, MN 55416 e-mall: bob.smith@dukerealtv.com Telephone: (952) 543-2989 fax: (952) 543-2975 PROJECT CONSULTANTS CIVIL ENGINEERING/SURVEYING Dave Roedel, P.E. HTPO 7510 Market Place drive Eden Prairie, MN 55344 e-mail: droedel@htpo.com Telephone: (952) 829-0700 Fax: (952) 829-7806 ~~~ Atlanta Chicago Cincinnati / Cleveland ~i Columbus 1600 Utica Avenue South Suite 250 Revised: Eagag,P~~~~~-MN 1~ Comp Guide an a en ent ~I~e one 952.543.2900 www.dukerealty.com ~~~ ~ `~ - Dallas Orlando Indianapolis Raleigh Minneapolis St. Louis June 10, 2003 Nashville Tampa Project title: The project name for this application will be Eagan Preserve, Shopping Center. Project location: The project site is located on the north west corner of Yankee Doodle Road (CSAH No. 28) and Central Parkway, Eagan, MN. Legal Description: Lot 1, Block 2, Eagan Preserve, according to the recorded plat thereof, Dakota County, Minnesota. PID 1 0-22471-01 0-02 Zoning/Comprehensive Guide Plan: The current zoning for this land is Research and Development Park District (R-D). The current Comprehensive Guide Plan for this lot is Central Area (CA) with Special Area 4 designation. Request: Duke Construction LP is requesting approval of a Comprehensive Guide Plan amendment to combine land uses from the present R-D Special Area 4 with retail, restaurant (classes I and II), general offices, etc., as detailed in the zoning amendment uses. Additionally, a Zoning amendment from Research and Development Park District (R-D) to Planned Development (PD) consistent with combinations of land use in the Research and Development Park District (R-D), Community Shopping Center (CSC), General Business and Roadside Business districts as listed below to form a lot available for building use consistent with land uses defined below. Background information: Duke Realty Corporation has been the long time provider of several quality industrial and office building facilities in Eagan, MN. In December 1999, Duke Realty Corporation entered into a Purchase Agreement with Joe Miller Farms to acquire 80 acres of vacant land. In March 2000 Duke sold to the City of Eagan 60 acres of this land for Central Park. in October 2002 the remaining 20 acres has been subdivided into two lots and one Outlot, as Eagan Preserve. Duke Construction LP is building a 90,000 square foot building for Argosy University on Lot 1 Block 1, the north 8.3 acre lot that will be completed and turned over to Argosy in September 2003. Duke Construction LP constructed 2 storm-water ponds on the northwest out lot: the southerly pond for the Eagan Preserve development and the second for the use by the City Park. This 4 acre out lot was dedicated to the City. Approximately 4 acres of the 20 acres is the Central Parkway and Quarry Lane right-of-way. The 3.5 acre south lot is the final parcel available for construction and has been held by Duke Construction for this future development. At the time of overall platting of Eagan Preserve this final lot was discussed and intended as future rezoning to retail type use. Project description: The objective of this proposal is to obtain a suitable comprehensive guide plan and zoning amendment, and land use criteria on a concept land plan to market the land to an end user or builder/developer of smaller quality shopping area facilities. Revised: Eagan Preserve - ~~V Comp Guide Plan amendment & Rezone June 10, 2003 ~J ` This proposal consists of a land area totaling 3.58 gross acres. It is intended that this lot have the future option to be further subdivided to accommodate individual building pads. Existing Site Analysis: As part of the overall development of Eagan Preserve the entire land area has been graded "pad ready". Vegetation/Surface water After grading has been completed, seed and mulch will be installed to re-vegetate the site until building construction begins. At that time, an approved landscape plan will be installed. Surface is directed into the southeast corner of the site where the storm water is collected into a pipe system. Topography/slopes The topography slopes from the corner of Yankee Doodle and Central Parkway to the southeast at a near flat grade. Soils: Soil corrections have been completed as part of the mass grading for Eagan Preserve to reflect the footprint of the concept plan. Existing Utilities Existing City sanitary sewer and storm lines are both installed at the southeast corner of the site. City water is available on the north side of the site from Quarry Lane. No additional utilities are necessary to serve this lot and future buildings. Zoning/Comprehensive plan This land area as well as all developed and undeveloped land on the north, east and west has been designated with the Research and Development Park District (R-D) zoning designation, and the Comprehensive Guide Plan designation is CA -Central Area, Special Area 4. The land area to the South (Surrey Gardens) is town home residential designated as R-4 Residential multiple zoning Land area to the west is zoned AG agricultural. Existing and future transportation systems Currently, the parcel is accessed via one driveway in the southeast corner of the site from Quarry Lane. ft appears that any commercial development regardless of size will function better with more than one ingress and egress for fire, health and safety issues within the development. This proposal requests 2 additional right turns in right turn out as discussed later. Trails/Sidewalks An 8-foot bituminous bicyclelpedestrian trail has been installed as part of the Central Parkway street project. Plan Submittals The land plan submitted with this proposal is intended as a concept of uses possible on the site and not a final design development proposal. Continued design and use alternatives may be contemplated as marketing progresses. Revised: Eagan Preserve - /~ ~ June 10, 2003 Comp Guide Plan amendment & Rezone / CD ' Eagan Preserve Lot 1 Block 2 Concept Development Data 3 lot proposal overall data conceit plan: Total site area: gross 3.5870 ac 156,249 SF Total building square footage: 16,050 s. f. Green space required: 30% Green space provided: 31 Overall car parking required: 75 spaces Overall car parking spaces provide: 150 spaces Minimum lot subdivision 1.0 acre minimum Building coverage 12% Lot 1: (concept plan Lot Size: 1.03 acres Building foot print: 2,000 s. f. Green space provided: 49% Car parking provided: 26 spaces Lot 2: (concept plan Lot Size: 1.02 acres Building foot print: 3,250 s. f. Green space provided: 21 %% Car parking provided: 62 spaces Lot 3: (concept plan Lot Size: 1.54 acres Building foot print: 10,800 s. f. Green space provided: 25% Car parking provided: 62 spaces City standard car parking requirements: (10'x19' stall size) (as in CSC district) 0 -10,000 s. f. 1 stall 1200 s. f. 10,001 - 30,000 s. f. 1 stall / 250 s. f. 30,001 -over s. f. 1 stall ! 300 s. f. note" (if the parking requirements were calculated on this site as maximum buildable for retail use of 34,200 square feet the parking ratio would be the same as for office in an RD district at 4 spaces per 1000 square feet of building) City standard building set backs: (as in CSC, RB and GB districts) Along major and minor public ROW 30 feet Side from interior lot line 10 feet Rear from interior lot line 20 feet Side and rear from residential district 50 feet City standard parking set backs: (as in CSC, RB and GB districts) Along public ROW 20 feet Side from interior lot line 5 feet Rear from interior lot line 5 feet Side and rear from residential district 20 feet Revised: Eagan Preserve - /~ /~ June 10, 2003 Comp Guide Plan amendment & Rezone VV PROPOSED STREET/DRIVEWAY MODIFICATIONS Streets Yankee Doodle is proposed to be improved in this 3 year CIP, pending funding allocations by associated agencies. The Improvements will consist of a 4 lane concrete median divided roadway. A permanent signal light will replace the existing temporary signal at Yankee Doodle and Central Parkway. As part of the original platting and site design of Eagan Preserve. One general full movement access driveway was requested on Quarry lane. As the attached concept plan matured, it has been identified that two (2) additional driveway access points are necessary. These additional driveways are to provide alternate customer access to the site and emergency fire, life and safety access issues. The driveway locations are: One right in -right out driveway on Central Parkway; mid-point between Quarry Land and Yankee Doodle Road. The second; right in -right out driveway on Yankee Doodle. Keeping with County Highway design standards Duke proposes that when Yankee Doodle Road (CSAH No. 28) is upgraded with a median an additional right turn in and right turn out be installed at the western edge of the lot on Yankee Doodle as part of the roadway reconstruction. Future lot subdivision It is anticipated that future development may require individual ownership of land and buildings. The possibility of future subdivision of this lot may be inevitable. The minimum proposed lot size configuration will be one acre (1.0 acre). COMPREHENSIVE GUIDE PLAN AMENDMENT This minor Comprehensive Guide Plan amendment will be necessary to include business classifications compatible with maximizing land uses to include retail, banking, general offices, services, restaurants, and other uses identified in the re-zoning PD section below. RE-ZONING: LAND USES to (PD) PLANNED DEVELOPMENT Permitted uses. Within this PD district, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: Retail shopping center developed under the following conditions: Retail shopping center uses shall be limited to the following uses unless similar uses are specifically approved by the council: stores and shops selling the personal services or goods over a counter. These include: auto parts, antiques, art and school supplies; bakeries; barbershops; beauty parlor; bicycles; carpets and rugs; catering establishments; china and glassware; clothes pressing; wearing apparel; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances; florists; food; furniture; furrier shops; garden supplies; gifts; hardware; hats; hobby shops; interior decorating; jewelry; watch repair; laundry and dry cleaning pickup; Laundromat; leather goods and luggage; locksmith shops; musical instruments; office supplies; paint and wallpaper; sale or rental of phonograph, CD, DVD recordings; photography studios; shoes; sporting goods; Revised: Eagan Preserve - / ~ / June 10, 2003 Comp Guide Ptan amendment & Rezone ~~t tailoring; theater, except open air drive-ins; tobacco; toys; variety stores; grocery stores; off-sale liquor; sports and health clubs; private clubs and lodges; and any use permitted under subdivision 13, subparagraph B, item 2 for the principal shopping center building only. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining community. Offices of a general nature where goods are not produced. Government Agency Offices to serve the general public. Daycare. Restaurants, class I only of a minimum of 2,000 square feet, and class II with or without drive up windows. Motels and hotels. On-sale liquor, 3.2 beer or wine with a motel, hotel or restaurant. Banks and savings and loan office. Banks and savings and loan offices with drive-up tellers. Research testing laboratories conducted within a building. Amusement devices, not to exceed three machines at one licensed location, and which shall not~be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measurement of the distance between locations. Rental shop. Pawnshops. Animal hospital or clinic when contained within a building. Hardware store. Small engine appliance or repair conducted entirely within a building. Printing business. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Transit station. Automobile service stations under the following conditions: Revised: Eagan Preserve - J v Comp Guide Plan amendment & Rezone June 10, 2003 ~. (a) The size, location, design and number of stations shall be approved by the city as a part of the approval of the overall design of the shopping center. (b) The opening of any service station shall follow and not precede the construction and occupancy of a minimum 10,000 square feet of retail shopping center floor space. (c) Direct access shall orient toward the interior of the shopping center and not directly from peripheral streets. (d) Rental of trailers and similar vehicles where adequate parking space is provided and as specifically approved with the granting of a conditional use permit. (e) Carwash of compatible architectural design. Garden store when conducted within a building. Seasonal outdoor sales when conducted in association with primary business. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within afree-standing building, no larger than 100 square feet in size. (b) The use shall not result in the elimination of the minimum number of off-street parking spaces required for all uses on the parcel. (c) Vehicular stacking lanes shall comply with the following (1) A minimum length of 150 feet shall be provided for a single stacking lane or 80 feet per lane when multiple lanes are provided. (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation. (3) Stacking lanes shall be clearly identified through striping, landscaping, and/or signage. (a) No alcoholic beverages shall be sold. (b) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the city. (c) If the use of the building ceases for a period of six months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site. (d) No on-site preparation of food shall be allowed. Stone or monument sales. Bicycle, boat, motorcycle, snowmobile sales and service. Permitted accessory uses. 1~~ Revised: Eagan Preserve - Comp Guide Plan amendment 8~ Rezone June 10, 2003 /~ . Trash Enclosures Trash and recycling will be located within the service area of the building. Trash receptacles will be staged in the service areas and will conform to applicable codes and ordinances. Roof Toa Mechanical Screening Mechanical equipment located on the roof of each building will be screened from view through the use of decorative screening similar to that used on other buildings within the development. Revised: Eagan Preserve - /~~ June 10, 2003 Comp Guide Plan amendment & Rezone ~~ ~ Within this PD district, the following uses or uses deemed similar by the council shall be permitted accessory uses: Accessory uses permitted in any other business district. Essential public service facilities such as public telephone booths. ARCHITECTURE of future buildings Exterior Building Materials The exterior building materials will be consistent with the design of other buildings in the development and may include architectural pre-cast concrete and steel construction and anodized window frame treatments, architectural metals, brick, stone, and concrete block. The final color of this building(s) has not been determined at this time, but will be consistent within the development. Building Orientation The orientation of the building is dictated by the presence of Central Parkway and Yankee Doodle Road. Yankee Doodle Road has a 32,000 ADT (2000 MnDOT measurements). It is logical that the building orientation takes advantage of this exposure to maximize drive by views. Corporate building Identification/Logos This shopping center may have trademarks and corporate logo recognition through the use of standard registered corporate building identity and signage. Surface Criteria Car park and loading areas will be cast in place concrete curb and bituminous pavement. Sidewalks will be cast in place concrete. Turf in green areas immediately adjacent buildings and roadways will be established with landscape and sod. Building/Parking lot Lighting Exterior building lighting will be provided via building-mounted and pole-mounted fixtures for security and aesthetics. Site Lighting A site lighting plan has been prepared and is included with the submission. Lighting design meets the requirements of the City of Eagan and is intended to provide aesthetic accent and security. signage Free standing, ground-lighted monument, and pylon signs will be located at the entrance of the development and on building fascia. Directional and individual Corporate site signage will be installed throughout the development. signage will conform to the City of Eagan's signage ordinance. Revised: Eagan Preserve - / ~'~ June 70, 2003 Comp Guide Plan amendment 8 Rezone 17, . y~~N~" N W y J D W I U M f!) O ~ ~ N W J I~ 3 a o c~ g a v c H v >, U C O Q a~.~ H N C v >, v C 0 L Q N v `c 7 H ~ ~ ~ ~ i ~ ~ ICI O M ~ V' v C I~- ~ . G ti Q ti Q l7 C O X O ti v n. C7 C O x 0 ti U 0 0 O ~I .--~ O~ a .~ l7 Ic ,~ :; Q1 C ti V ~ X O '~ ti u °~' rnti i.5 ti o O ~~ ti V a o in o ~-~+ rl rl 1(1 O ~ M N N .--1 r-1 v C H c a N ~, C O Y v Y v C F~- C a v c 0 Y v_ Y c ti Q as o ~n O ~--~ 'V' ~ V7 O ~--~ M N ~ :: ti v U c 0 ti a v >, u C O a a, ~n o O M ~ ~ V1 O O M ~ ~ y M .~ O - U r--~ ~, ~. 0 °~ .~ .Ly U V] Group Fitness Classes Pilates The newest craze in ultimate physical fitness. "Our minds tell our muscles what to do, so we should work out mindfully." -Joseph Pilates. This class focuses on the quality not quantity of exercise. Pilates is a strength work out using your own body as resistance, against gravity, in a constant state of motion. Participants will reap the benefits of using multiple plains of motion to promote lengthened, toned muscles. Members can expect to leave class feeling worked and rejuvenated, no jarring or impact included. Yoga The word "yoga" comes from the Sanskrit root which means "to join". Yoga is a practical aid, not a religion. Yoga is an ancient art based on a harmonizing system of development for the body, mind, and spirit. The continued practice of yoga will not only lead you to a sense of peace and well- being, it will promote muscle tone and flexibility. Let this non impact workout strengthen your legs, arms, and core while promoting stress reduction. Yogalates~ Take the best of both worlds and you get Yogalates. This class promotes the mind body and the extremity work of yoga, and the core conditioning of Pilates. Come to expect a great workout, leave feeling toned and stretched. Sculpt and Tone This class is a total-body, resistance training workout. No choreography, no cardio. You will be using multiple pieces of equipment to strengthen and tone all muscles of the body. All skill levels welcome. Step Get your cardiovascular workout in this high energy class. Participants can expect upbeat music and exciting choreography. First time? Great! Please come five minutes early to learn the basic steps with the instructor. Step and Sculpt This class if for everyone that needs to get your cardiovascular and strength training done in one hour? This is the class for you. Step and Sculpt is designed to give members a great % hour basic step workout and %2 hour of total body resistance training. Butts and Guts If you only have a 1/2 hour to get in your resistance training, what better body parts to focus on? Everyone welcome. Cardio Mix If you like variety in your day, this cardiovascular class is for you. It may be step, hillow, or even kickboxing. Come to expect a great workout and easy-to-learn movements. Cardio-Kickboxing~ Want to add a little "punch" to your day? This class will give you the calorie burning work out you desire and promote balance and coordination. You will learn basic kickboxing moves, such as kicks, punches, and blocks while getting the heart pumping. Group Cycle Are you a runner, biker, training for an event, or just want a great cardiovascular workout? This class is for you. Get your off-season, all weather training on a bike that is designed to replicate an outdoor bicycle. Group cyclists can plan to get an outstanding cardiovascular workout while strengthening the lower body. An instructor leads the class through "hills, valley, trails, and even mountains!" Iron Cycle Get the fat burning workout of Cycling and the muscular tone in Iron Grip, all in one hour! This class will be 1/z hour of cardiovascular cycling and 1/z hour of lifting. Be prepared to see results! `~J EAGAN COMMUNITY Class and Course Descriptions ~ Health/Wellness promotion All classes will be fee for service classes offered to community members. You do not have to be a member of the fitness center to join these fitness classes. Members will, however, get a discounted rate to take these classes. Prices reflect these rates. All classes will be registered through Parks and Recreation and will be offered on a first come, first serve basis. Women on Weights (Lecture and practical training) The American College of Sports Medicine states Muscular fitness improves fat-free mass and resting metabolic rate (meaning you will burn more calories at rest which promotes weight loss), increases bone density, improve quality of life. This course will teach you how to correctly lift weights to tone muscle and see quick results. You will learn form, technique, and program design. Also, expect to get ahands-on approach to learning that will make this course fun and instantly usable. Mondays and Wednesdays October 6th-October 18th (2 weeks) 6~30pm - 8~OOpm and November 11th -November 20th Meet in South meeting room. $35 (need 5 to make it a go) Nutrition and Diet (lecture) Learn the basics of nutrition and beyond during this 2-week course. Learn how carbohydrates affect your body and your work outs. Discover why protein is important for everyone at all ages, and what sources are better for you. Find out if water why you hear so much hype about water. After this course, participants will have a better understanding of what to eat, how much to eat, and how to eat on the run. With your new information, you can create a nutrition plan that is wholesome, sound, and will work for you. Tuesday and Thursday October 21st -October 30th (2 weeks) 7~30pm - 8~30pm Meet in South meeting room. $25 (need 7 people to run) Gentle Yoga (practical course) Always wanted to try Yoga, but did not know where to start? This class is designed to teach you the basic yoga asanas (poses) and gradually work your muscles to become stronger and more flexible. This class is taught in a non- intimating, welcoming atmosphere with all ages and skill levels considered. Tuesdays and Thursdays September 16th -November 6th (8 weeks) 9~30am - 10~30am or 5~30pm - 6~30pm Class meets in North meeting room. $56 member/ $72 non-member (must have 9 to go) Pilates 101 (lecture and workout) Pilates is the latest craze in fitness for a reason. It is anon-impact workout will help to create strong muscles and flexible joints.. This course is designed with the brand new attendee in mind. You will learn the basic matwork exercises with modifications for all fitness levels. This class will teach the fundamentals of breathing, alignment, and centering. Everyone welcome. Monday and Wednesday September 22nd -October 12th (8 weeks) 4~30pm - 5~15pm Meet in Group Fitness studio $72 non-member/ $56 member (must have 9 to go) Strictly Sculpt (workout) Need a little lift in your day? This class offers 45 minutes of total body toning. Participants will be using hand weights, fit-balls, and body weight to strengthen and tone all major muscles of the body. This class welcomes all ages and fitness levels. Wednesday and Friday September 23rd -November 13th (8 weeks) 4~15pm- 5~OOpm Meet in Group Fitness Studio $64 non-member/ $48 member (must have 9 to go) Indoor Group Cycling (workout) Are you a runner, biker, training for an event, or just want a great cardiovascular workout? This class is for you. Get your off-season, all weather training on a bike that is designed to replicate an outdoor bicycle. Group cyclists can plan to get an outstanding cardiovascular workout while strengthening the lower body. An instructor leads the class through "hills, valley, trails, and even mountains!" Mondays, Wednesdays, and Fridays September 22nd -November 14th (8 weeks) $85 non-member/ $75 member (must have 10 to go) Other fitness classes that will be offered • Senior Seated Strength • Teen Indoor Group Cycling • Teen Kickboxing Descriptions and cost to come. Become a fitness instructor (lecture and optional certificatior~ If you have been taking group fitness classes for awhile and getting itchy to be the one in front, this class is your ticket. This 8-week course will teach you basic anatomy, physiology, kinesiology, and nutrition. You will also be taught how to teach kickboxing, cycling, step, and more. After the 8-week course, you will have an option to take a NDEITA certification exam to become a licensed instructor, and you will be invited tryout to teach at the Eagan Community Center. Course meets Monday nights October 27th -December 15th 6~30pm - 8~30pm Optional Certification exam Saturday, November 15th Cost for course $100.00 Cost with certification $289.00 Nutrition for Fitness Professionals (Workshop) Earn CECs and examine the most current nutrition guidelines and learn how to apply them to your nutrition program as well as your clients'. Explore a variety of topics that keep surfacing such as~ High Protein/Low Carbohydrate diets, supplementation, water versus sport drinks, and what foods provide maximum performance benefits. Sunday, November 16th Cost for course $79 CECs given 5.0 NDEITA 0.5 ACE 8~OOam -1~OOpm Register through NDEITA~ 763.545.2505 Open to all! ,- Equipment orientation (hands-on course in WR) Is it your first time using a fitness center? Not sure how to get started? Equipment orientations are designed to teach you how to use the equipment we offer. Orientations include the following • A tour of the fitness center • Guided demonstrations for using the cardio and strength equipment • Guidance for equipment height adjustments on equipment • A workout card that will list machine settings so you can record future workouts and track weight amount. Orientations take 30 minutes. Members only, upon appointment Adults- $5 Teens- $10 Orientations will be conducted through out the day. Senior Indoor Walking Class (practical course) Enjoy the track at your leisure. Everyday from 10am-11am, the track is open to seniors. Walking hours are patrolled by a volunteer senior. Mondays, Wednesdays, and Fridays September 8th -October 31st 2-month pass $ 48 Come 3 days a week, only $2 per hour! Personal Training Each session is 1 hour with a licensed personal trainer. 2 session package= $90/ member $ 100/ non-member 5 session package $200/ member $ 225/ non-member 10 session package $375/ member $425/ member Each session is 30 minutes with a licensed personal trainer. 2 session package $50/ member $ 60/ non-member 5 session package $125/ member $ 135/ non-member 10 session package $225/ member $245/ member Contracts and Liability forms will be 1z11ed out by client and trainer. ~~ W U O U .~ L Q. 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V ~ i '~ ~ i ~ ~ L ~ ~~ V U » i. ~ a~ U ~ • n t ~, W ~ O . W 3 y ~ o o•d c•° oU c ~' ~ ~ ~ a ~ U U .°, V .~ U W L7 n, ~; ~ c. O av ~~J EA~AN COMMUNITY CENTER Equipment Pricing Information TV/VCR White Screen Wireless. Microphone Hardwire Microphone $40.00/per event These maybe used in all of our rooms, subject to availability. $15.00/per event These may be used in all of our rooms, subject to availability. $25.00/per event These are only available for use in the Oaks rooms. No Charge This is only available for use in the Oaks rooms. It must be reserved ahead of time. Flip Chart/ Whiteboard $10.00/per event These are available in all of ourrooms, subject to availability. Paper is available for an additional $25. DO fee. Podium No Charge We have standard and table-top podiums, subject to availability. Meeting Emergency Kit $12.00/each These are available for purchase of the front desk. The kit contains: scissors, stapler, staples, extension cord, 12 ball point pens, 1 box of paper clips and 10 photo copies. Audio Visual equipment is reserved on a first come first serve basis. We can not guarantee availability. The prices on this form are per item and are subject to change. Items are rented per event day. If more than one day has been reserved, there will be a fee for each day. If you are interested in reserving equipment for your upcoming event, please contact the rental coordinator at 651-675-5558. Requests and set-up changes made on the day of the event will result in a $35.00 per hour labor fee, with a one hour minimum fee. POSITION DESCRIPTION CITY OF EAGAN POSITION TITLE: CUSTODIAN /MAINTENANCE WORKER DEPARTMENT: COMMUNITY CENTER REPORTS TO: BUILDING ENGINEER POSITION SUMMARY: Performs all cleaning and maintenance duties as assigned. ESSENTIAL POSITION DUTIES & RESPONSIBILITIES: • Clean and maintain all areas of the community center, its grounds, and bandshell area. • Operate all equipment related to custodial cleaning operations, such as, but not limited to, floor scrubbers, carpet extractors, vacuums, buffers, pressure washers, wet / dry vacs, sweepers etc. • Perform assigned maintenance tasks such as changing light bulbs, light duty repair of fixtures and equipment, maintaining custodial equipment, and other assigned tasks as needed. • Operate snow removal equipment such as blowers, sweepers, shovels and salt spreaders etc. • Perform room and equipment set-ups and take-downs. • Perform duties and responsibilities in accordance with appropriate policies, safety and security procedures. • Perform painting and varnishing projects and tasks. • Operate motor vehicle to pick up parts and run errands. • Give work direction /training to other employees performing cleaning /maintenance tasks. OTHER POSITION DUTIES & RESPONSIBILITIES: • Perform all other duties and special projects assigned. MINIMUM QUALIFICATIONS: • High School Diploma or equivalent experience acceptable. • Six months custodial /maintenance experience. • Valid Drivers License Must be able to perform all essential functions under the working conditions as described. DESIRED QUALIFICATIONS: • Additional custodial /maintenance experience. • Post high school degree or training such as Certified Custodian, Special Engineer's Class C License or greater. • Previous experience in a health club or fitness /community center. • Previous experience training and or giving work direction to others. WORKING CONDITIONS: INDOORS 80%~ OUTDOORS 20% (APPROXIMATELY ) • Indoor & outdoor conditions in which temperatures could reach 100 degrees F with high humidity in the sumrrier and - 30 degrees F in the winter. This position could be required to work outdoors in rain, snow, sleet and high winds. • Physical demands: o Able to stand, walk, sit, bend and climb a ladder. o Specific vision abilities required include close, distance and peripheral vision. o Ability to lift and / or carry up to 75 pounds. o Operate and work with personal lifts of up to 45 feet high. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. HOURS: Overnight shift with schedule variations and including weekend shifts. DAKOTA COUNTY MUTUAL AID FIRE SERVICES AGREEMENT This agreement is entered into among the Cities of Apple Valley, Burnsville, Cannon Falls, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Miesville, Northfield, Rosemount, South St. Paul, and West St. Paul, the Metropolitan Airport Commission, and the Randolph-Hampton Fire District, . 1. Purpose. This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel, and other resources available to one party from other parties to this Agreement for the purpose of fire or emergency medical services. 2. Definitions. 1. "Party" means a political subdivision. 2. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. 3. "Requesting Party" means a party that requests assistance from other parties. 4. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. 5. "Responding Party" means a party that provides assistance to a Requesting Party. 6. "Assistance" means Fire and/or emergency medical services personnel and equipment. 3. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 4. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/ her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. The decision of the Responding Party or Official to respond shall be determined solely by the Responding Official and shall be conclusive. No liability to the Responding Party or Official shall result by failing to respond or to provide assistance to the Requesting Party. 5. Recall of Assistance. The Responding Official, at his/her own sole discretion (by order of the governing body of the Responding Party), may at any time recall assistance when it is determined that the Responding Party shall cease any further assistance. No liability to the Responding party or Official shall result by the Responding Party's recall of assistance. H:LMC/mutualaidagreement061803/lofl9 Page 1 of 19 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the commanding officer of the Requesting Party until the Responding Official withdraws assistance. The employees, volunteers, or personnel of the Responding Party shall be, and are deemed to be, employees of the Responding party and at no time shall they be deemed as employees, personnel, or volunteers of the Requesting Party. 5. Workers' compensation. Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 6. Damage to equipment. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 7. Limits of Liability 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 3. No party to this agreement, or any employee, official, or volunteer of any party, shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. H:LMC/mutualaidagreement061803/2oft9 Page 2 of 19 8. Charges to the Requesting Party. 1. Except as otherwise provided herein, no charges will be imposed or charged by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours. If assistance provided under this agreement continues for more than 12 hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. 2. Notwithstanding the above, in the event the Requesting Party is authorized to and does impose or charge a third party for the costs of providing fire protection and fighting services for which a Responding Party renders assistance to the Requesting Party under this Agreement, the Requesting Party shall submit to any third party paying the costs of the fire services the Responding Party's statement of costs and shall pay to the Responding Party the amount of its costs within 30 days upon receipt of the same from the third party. 3. Notwithstanding the above, a Responding Party shall be reimbursed by the Requesting Party for the actual costs of any supplies provided by the Responding Party in assisting the Requesting Party under the agreement. The Requesting Party shall make full reimbursement within 30 days of receipt of an itemized statement or invoice of the actual costs of each supply. 9. Duration. This agreement shall remain in force until and unless cancelled by any party upon thirty (30) days written notice to all other parties; provided that such cancellation shall only apply to the canceling party. 10. Effective Date and Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. This agreement is intended to supersede any prior agreement among the parties. Each party to this agreement shall maintain a copy of an executed copy of this agreement. Such copy shall be provided by the Secretary-Treasurer of the Dakota County Fire Chiefs' Association. This Agreement shall be effective as of the date that any two parties have executed this Agreement. This Agreement shall remain in effect for each party that has approved and executed the Agreement until the party cancels the Agreement pursuant to Paragraph 10 above. 1N WITNESS WHEREOF, the undersigned have caused this Agreement to be executed in their respective corporate names by their duly authorized officers by authority of their respecting governing bodies. H:LMC/mutualaidagreement061803/3ofl9 Page 3 of 19 CITY OF EAGAN BY: MAYOR CITY CLERK /CITY MANAGER / CITY ADMIlVISTRATOR DATE: H:LMC/mutualaidagreementOb1803/7of19 Page 7 of 19 C Q ~ y~ =-~~ ~ ~c CRY OF EAGAN AMUSEMENT DEVICES S!!0 PILOT IWOd ROAD ~ ~PPUCATION FOR LICENSE RENEWAL EAOAN, MN SS1!! 1. Name of Applicant Fust397 S. TAYLOR~1~.° Last Rea. Addreas Street State Zip 2. Business Address 8. Dome Pbone Bust Biuainess Horne ~~ ~~ y y ~ - ~1p~J `j 9 4. Date of 8~ P1aoe d Birth 6. ape adLiosnaa: Individual Pa:taarahip ~ CaQporatio 6. If Partnership or Corporation list name, title, home address and phone, date of birth, plans of birth, of ach partner, offiou and director. ~ ~' ~ ~~~~,~ ~ 7. Licensed Establishment Name Str+et done City State Zi S. Description of Business: (' _(J ~ t'1 ' ~P ~-M I ~S _ ~ ~ ~ , 9. Name and Address of owner of premises where device is to be operated l - i ? ~ ~C~ ~l~ ACMI / SUGARLOAF 10. Name and Address of owner of device(s): ~o~ g T~vi nQ n~i~. sr ~ -~srr 11. Have you ever been arrested as convicted of auy crime ar misdemeanor, other than a traffic o~'iase: Yes No `~ 12. For Amusement Devine Lioenes (Continue list on s*parate sheet if aeasssary): t ~jj,Q,n Neme of Manufseturer ~,~ S ~ ~', ~~ ~_ E--t ~~ FOR OFFICE USE ONLY: Rsosip aE: Amount Pd. Date Reed: CRY OF EAGAN AMUSEIIAENT DEVICES >1t30 PILOT KN06 ROAD ~ ~PPUGATION FOR LICENSE RENEWAL EAOAN, MN SS1!! 1. Name of Applicant .,.....~.r.-.~ Iies. Addrw 3 .TAYLOR AVE.' a Lsst • 8tree ILLE, 0Qt$0027 State Zip Z. Businaas Addrwa 8trsst City State Z' 8. Horns Phone Buairnas Phone ~ ~> ~ - ~-r ~-~ ~ ' ~ S ~ j 4. Date of Birth PLos at Birth 6. ~-pe aiLiosnss: Indiridnal Partnarahip Corporation k 8. If Partnership or Corporation list name, title, home address and phone, date of birth, plans of birth, of ach partner, officer and director. S ~ ~•_~~ C ~ ~~ 7. Licensed Eetabliehment Name Street ~'~+one City State Z~'p 8. Description of Business: ~,C? l r'1 L, 4'~ ~ ~`-~l L7 ~ z` ~`~.~ 9. Name and Address of owner of premises where device is to be operated ~1 ~ '(-~ ~ ~ ~1 ~--~~ 10. Name and Address of owner of device(s): 397 S. TAYLOR AVE. 11. Have you ever been a or oonvieted of any clime air tnisdameanor, other than a traffic adiinse: Yes No 12. For Amvsament Devices Liasnss (Continue list on separate ahem it nsassary): f ~g~tion I4sme of Manufacturer ~,~ FOB OFFICE USE ONLY: Raosip ~: Amount Pd. Date Recd: