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10/07/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL = EAGAN MUNICIPAL CENTER BUILDING OCTOBER T, 2008 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS P. a, A. Oath of Office --New Fire Fighters IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) ,14 A. APPROVE MINUTES l] 13 B. PERSONNEL ITEMS h 14C. APPROVE Check Registers. P 1,5 D. SET public hearing date for November 6, 2008 to certify delinquent false alarm bills 19.14* E. SET public hearing date for November 6, 2008 to certify delinquent weed cutting bills P)7 F. SET public hearing date for November 6, 2008 to certify delinquent utility bills I G. APPROVE list of election judges for the November 4, 2008 General Election and authorize the City Clerk to modify the list as necessary P33H. APPROVE 7-1-08 to 7-1-09 general insurance renewal P 1. ACCEPT donation for a park bench located in Central Park J. APPROVE modification to 2008 Eagan Community Center Budget f 310 K. APPROVE Change Order #2 for Civic Arena west mezzanine construction APPROVE Contract for janitorial services for the five fire stations RECEIVE final assessment roll and order public hearing for Project 955 for November 6, 2008(Safari Estates Street Overlay) y[p N. RECEIVE final assessment roll and order public hearing for Project 958 for November 6, 2008 (Towerview Road Street Overlay) 1F LrJ O. RECEIVE final assessment roll and order public hearing for Project 960 for November 6, 2008 (Brittany 8"' 1 & Additions - Street Overlay) P P. RECEIVE final assessment roll and order public hearing for Project 961 (Bur Oak Hills Street Overlay) & Q. RECEIVE final assessment roll and order public hearing for Project 965 (Elrene Road Street Overlay) GD R. RECEIVE final assessment roll and order public hearing for Project 968 (Lexington Pointe Parkway ! Daniel Drive - Street Overlay) PSI S. APPROVE Easement Agreement for Project 905R (Lebanon Hills Regional Park 1 Long Acres Storm Sewer Improvements) PST. APPROVE Change Order No. 3 for Contract 07-06 (Lebanon Hills Regional Park/Long Acres Storm Sewer Improvements) ja53 U. APPROVE Change Order No. 2 for Contract 08-04 (City-wide Street Overlay Improvements) x.55 V. APPROVE final payment and acceptance, Contract 08-05 (Sanitary Sewer Lining) W. ACKNOWLEDGE Completion & Authorize City Maintenance of Contract 07-A (Novus AdditionlTrinity at River Ridge) PV X. IMPLEMENT Comprehensive Guide Plan Amendment - City of Eagan. An amendment to change the land use designation of 120 acres from Parks and Recreational Open Space to Low Density for property commonly referred to as Carriage Hills - Y. AUTHORIZE modification to City Code regarding dangerous dogs - To be Continued to the October 21 Council Meeting Q.~ Z. APPROVE Final Subdivision, Diffiey Marketplace 2"d Addition, Reliance Development 7$ AA. APPROVE Release of Development Contract, DG Welding BB. ACCEPTANCE of a donation of five Automated External Defribrillators {RED'S} from the Mdewakanton Emergency Services AED Program CC. ACCEPT resignation of Bret Walsh from the Eagan Airport Relations Commission V. PUBLIC HEARINGS p e3A. EASEMENT VACATION - Diffley Marketplace e,12(p B. VARIANCE -Bryan and Carol Bochler -A Variance of 3.5' to the required 10' side yard setback to build an addition onto the home located at 781 Sunset Drive on Lot 8, Block 2, Sunset Fourth Addition in the NW Y4 of Section 25. VI. OLD BUSINESS ]bD A. APPEAL - Appeal regarding Hawthorne Ridge VII. NEW BUSINESS /04 A. CONDITIONAL USE PERMIT - T-Mobile - A Conditional Use Permit to allow a 90 foot celllbelI tower and a Variance to allow a cell tower within the 300 feet of setback requirement from a residential property located at 1930 Diffley Road in the NW % of Section 29. SIP B. CONDITIONAL USE AND VARIANCE - Kowalski's - A Conditional Use Permit to allow a pylon sign and a Variance to allow a pylon sign within the 300 feet of another pylon sign located at 1646 Diffley Read on Lot 4, Block 1, Diffley Plaza in the NW % of Section 28. -73C. PLANNED DEVELOM ENT - Cub Foods - A Planned Development Amendment to allow outdoor display of seasonal sale items and outdoor storage of shopping carts located at 1946 Cliff Lake Road on Lot 1, Block 1, Cliff Lake Centre in the SW Y4 of Section 29. aD. INTERIM USE PERMIT - All ina Medical Clinic An Interim Use Permit to allow a mobile diagnostic unit located t 1110 Yankee Doodle Road on Lot 1, Block 1, Town Centre 106 16t~ Addition in the NE Y4 of Section 15. f atgE. PLANNED DEVELOPMENT - Holiday Station Stores - A Planned Development Amendment to expand the canopy and gas pumps located at 3044 Holiday Lane on Lot 1, Block 2, Oakview Center Addition in the NW Y4 of Section 12. ig -Q3F. PLANNED DEVELOPMENT - David Ansari -A Planned Development Amendment to allow on-sale liquor, add an outdoor patio and a pylon sign located at 1960 Rahncliff Court on Lot 1, Block 2, Rahncliff 3`~ Addition in the NW % of Section 32. VIII. LEGISLATIVE 1 INTERGOVERNMENTAL. AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order j°. aqb B. Adopt Agenda C. Consent Agenda D. Old Business E. New Business A. Public Hearing - Consider a Resolution to submit MIF Funding application to Minnesota Department of Employment and Economic Development for Biothera (to be continued) F. Other Business G. Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SE=SSION XIII. ADJOURNMENT s City of Eajaff TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 3, 2008 SUBJECT: AGENDA INFORMATION FOR OCTOBER 7, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 7, 2008 City Council agenda, the following items are in order for consideration. Agenda Memo Regular City Council Meefing October 7th, 2048 RECOGNITIONS AND PRESENTATIONS A. Oath of Office - New Fire Fighters ACTION TO BE CONSIDERED: None FACTS: • The Eagan Fire Department has added 30 new firefighters for 2008. ■ Sixteen of the firefighters started in January and have completed their Firefighter T training and passed their State of Minnesota Certification. • Twelve firefighters started in September and are currently attending their First Responder Training along with the January Class. • We also had two of our previous firefighters return to the department in 2008. • Out of the thirty firefighters, eleven are day responders and nineteen are night responders. • Our current staffing including the 2007 apprentice class is 120 firefighters. • Recognition should be given to the Fire Departments Recruitment Committee for their outstanding recruitment efforts that have resulted in this record sized recruit class for 2008 and to all of the current Eagan Firefighter Instructors that have dedicated many hours in training two separate Eagan Firefighter Recruit Class for 2008. • Listed below are the City of Eagan's Class of 2008 Apprentice Firefighters ■ Neil Landgrebe • Sean Solberg ■ Nathan Voye • Mike Vruno- Dorm Firefighter • Dan Becker ■ Pat Meagher • Sarah Rudolph • John Sullivan • Scott Buysse • Cory Cliff • Paul Loegering ■ Pete Tompkins • Dawn Moullet • Brandon Johannsen • Veronica Scherger • Joe Bertrand a • Brian DesLauriers • Jim Hengen ` • Nathan Miller • Jacob McPherson • David Ross • Scott Balser • Ryan Gill • Ken Sheller • Brian Jensen • Jonathan Kemp • Justin Wick • Derck Bronson • David Bergh • Andrew Burkstrand- Dorm Firefighter ATTACHMENTS: None Agenda Information Memo October 7, 2008 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (l) motion by the City Council. If the City Council wishes to discuss any of the items in Ru-ther 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 September 16, 2008 regular City Council meeting and the September 11, 2008 Special City of Eagan Council meeting as presented or modified. ATTACHMENTS: ■ Minutes of the September 16, 2008 regular City Council meeting are enclosed on pages through. • Minutes of the September 11, 2008 Special City Council meeting are enclosed on pages through MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 16, 2008 A Listening Session was held at 6:00 p,m. prior to the regular City Council meeting. Present were Mayor Maguire Councilmembers Bakken, Fields, Tilley and Hunter. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 16, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councihnembers Bakken, Fields, Tilley and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer, and Administrative Secretary I Deputy Clerk Mira Popper. AGENDA City Administrator I3edges noted that an item regarding rescheduling of Council meetings will be moved from Administrative Agenda to item U of the Consent Agenda. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay.0 RECOGNITIONS AND PRESENTATIONS Mayor Bill Droste of Rosemount presented a traveling trophy to the Eagan City Council for winning the Border Cities' Challenge Trap Shoot at a recent Boy Scout fundraiser, CONSENT AGENDA Councilmember Bakken pulled item U for a separate motion. Councilmember Bakken moved, Councilmember Fields seconded a motion to reschedule the October 23 regular City Council meeting to October 21, cancel the Special City Council meetings for October 16 and November 13 and schedule a special City Council meeting for October 28. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay:0 A. It was recommended to approve the minutes of the September 2, 2008 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the hiving of Aaron Machtemes as a Police Officer 1 It was recommended to approve the revised Tobacco Free Workplace Policy as presented C. It was recommended to ratify the check registers dated September 4, 2008 and September 11, 2008. D. It was recommended to accept a grant from the State of Minnesota to conduct compliance checks in liquor establishments. E. It was recommended to accept a donation in the amount of $50 from the Residential Mortgage Group. R It was recommended to approve the DARE/Police Liaison Services Agreement between the City of Eagan and ISD 11196. G. It was recommended to approve agreements with Tntrado and Flint Hills for the Emergency Preparedness Network. H. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. I. It was recommended to approve a temporary on-sale liquor license for Southwest Area YMCA and waive the $150.00 license fee, J. It was recommended to receive the Final Assessment Roll for Project 954 (Glory Drive 1 Cedar Ridge Circle - Street Improvements) and schedule a public bearing to be held on October 23, 2008. K. It was recommended to receive the Final Assessment Roll for Project 956 (Briar Hill 1 s` 12"`! 14`i' - Street Improvements) and schedule a public hearing to be held on October 23, 2008. Eagan City Council Meeting Minutes September 16, 2008 DRAFT Page 2 L. It was recommended to receive the Final Assessment Roil for Project 957 (Blackhawk Oaks I Riverton Avenue - Street Improvements) and schedule a public hearing to be held on October 23, 2008. M. It was recommended to receive the Final Assessment Roll for Project 959 (Eden Addition - Street Improvements) and schedule a public hearing to be held on October 23, 2008. N. It was recommended to receive the Final Assessment Roll for Project 962 (Cliff Drive - Street Improvements) and schedule a public hearing to be held on October 23, 2008. O. It was recommended to receive the Final Assessment Roll for Project 966 (Federal Drive - Street Improvements) and schedule a public hearing to be held on October 23, 2008. P. It was recommended to acknowledge the completion of improvements for city Project No. 05-M (Steeplechase) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. Q. It was recommended to approve the Telecommunication Tease and Memorandum of Lease Agreements with Verizon Wireless for the antennae installation on the Spcrry Water Tower and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve a 60-day extension of time to record the final plat for CCBC Addition, located in the NE 1/4 ol'Seetion 03. S. It was recommended to approve the contract and award the hid for the Government Optical Fiber Network. It was recommended to award Contract 08-08 (2008 City-Wide Trail Improvements), to McNamara Contracting, for the Base Bid in the amount of $314,757.90 and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS VARIANCE- LARRY WITTWFR (4785 ERIK'S BOULEVARD) City Administrator Hedges introduced this item regarding a request for a variance of I 1 feet to the required 30-foot front yard setback to construct a garage addition at 4785 Erik's Boulevard. City Planner Ridley gave a staff report. Larry Wittwer discussed his request for the variance. Mayor Maguire opened the public hearing. Nancy Strom, a neighboring property owner, spoke in favor of the variance. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Member I-lunter explained his position that standards should be maintained and his intent to vote against the Variance request. City Attorney explained the condition requiring the applicant to obtain an Interim Use Permit. Mayor Maguire explained to the Wittwers and their neighbor the need for the permit and the process. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of I I feet to the required 30-foot front yard setback to construct a garage addition at 4785 Erik's Boulevard, legally described as Lot 9, Block 4, Twin View Manor in the NE % of Section 33, subject to the following conditions: Aye: 4 Nay: I (Hunter opposed) I . 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 applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constiticted using materials to match the principal structure. 4. The proposed garage addition shall mateh the roof pitch and style of the existing house and garage. 5. The existing storage structure in the rear yard shall be removed prior to final inspection of garage addition. Eagan City Council Meeting Minutes September 16, 2008 Page 3 6. Storage of commercial vehicles on the property shall not be allowed without an Tnterim Use Permit. rrhe p arkin g/storage of commercial vehicles at this property and on adjacent public streets shall cease by December 31, 2008 unless an Interim Use Permit permitting such storage is approved by the Council before that date. VARIANCE - 1584 CENTURY POINT (KLECATSKY AND SONS) City Administrator Hedges introduced this item regarding a request for a variance to allow a second freestanding sign for property located at 1580 Century Point. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion hack to the Council. Tom Klecatsky, applicant, discussed the need for directional signage for additional parking. The Council held a discussion. Ridley explained that a six square foot directional sign could be added at each driveway entrance to the site from Century Point. Mayor Maguire stated that lie felt appropriate signage could be installed within City Code regulations. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a Variance to allow a second freestanding sign for property located at 1580 Century Point, legally described as Lot 1, Block 2, Century Addition, in the SW '/a of Section 9, subject to the following conditions: 'Aye:.3 Nay: I (Mayor Maguire) Abstain (Councilmember Tilley) 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 sign shall not exceed the size shown on the proposed Sign Plan dated June 25, 2008. 3. The sign shall comply with all other applicable 7_.oning Ordinance provisions. 4. A sign permit must be obtained prior to construction. 5. The variance precludes the applicant from installing any additional site signage. OLD BUSINESS APPOINTMENT OF LAW )FIRMS TO REPRESENT THE CITY IN GENERAL, PROSECUTION, AND LABOR LEGAL SERVICES City Administrator Hedges discussed the process for appointing law firms to represent the City in general, prosecution, and labor legal services. Councilmember Bakken moved, Councilrtmember Hunter seconded a motion to approve the appointment of Severson, Sheldon, Dougherty, & Molenda, PA as the general legal services provider for the City of Eagan. Aye: 3 Nay: 0 (Fields and Tilley abstained) Councilmember Bakken moved, Councilmember Hunter seconded a motion to approve the appointment of Grannis & Hauge as the prosecutions legal services provider for the City of Eagan. Aye: 4 Nay: 4 (Fields abstained) Councilmember Bakken moved, Councilmember Hunter seconded a motion to approve the appointment of Ratwick, Roszak, & Maloney as the labor legal services provider for the City of Eagan. AyeA Nay: 0 (Fields abstained) OAQ Eagan City Council Meeting Minutes September 16, 2008 Page 4 NEW BUSINESS COMPREHENSIVE GUIDE PLAN UPDATE--CITY OF EAGAN City Administrator Hedges introduced this item regarding the updated Comprehensive Guide Plan, noting that a public hearing had been held before the Advisoty Planning Commission.. City Planner Ridley gave a staff report. Councilmember Hunter moved, Councilmember Tilley seconded a motion to approve the 2008 Update for distribution to adjacent cities, Dakota County, school districts and agencies for their review. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11 to modify Accessory Structure standards. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to Chapter 1 I to modify Accessory Structure standards. Aye: 5 Nay: 0 TEMPORARY DEFERMENT FOR MVTA TO COMPLY WITH NOISE ATTENUATION STANDARDS FOR CEDAR GROVE TRANSIT STATION City Administrator Hedges introduced this item regarding a five year deferment for the M4inesota Valley Transit Authority (MVTA) to comply with the MPCA noise attenuation standards for the Cedar Grove Transit Station. Community Development Director Hohenstein gave a staff report. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve a resolution to allow a temporary (5 year) deferment for MVTA to comply with the MPCA noise attenuation standards for the Cedar Grove Transit Station, Aye: 5 Nay: 0 LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:00 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:03 p.m. ADMINISTRATIVE AGENDA 1. City Administrator Hedges and Communications Director Garrison discussed the Franchise Agreement with Corncast and the need for technical improvements to the new telecommunications studio to be located at Thomson Reuters. it was noted that Comcast has refused to acknowledge its responsibility under the agreement. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt a resolution authorizing the City Staff and City Attorney to enforce the Franchise Agreement with Comeast and to authorize the City Administrator to engage the City Attorney's office to take appropriate Legal action, if necessary, to allow for the continued availability of public cable television service to and within the City of Eagan. Aye: 5 Nay: 0 2. City Administrator Hedges discussed the draft Carriage Hills Fact Sheet to be published in the November/December issue of the Experience Eagan Newsletter that will be out by mid-October. Councilmember Tilley moved, Councihnember Hunter seconded a inotion to provide direction to proceed with the Experience Eagan newsletter containing the Carriage Hills Fact Sheet so the issue can be ~I s~ Eagan City Council Meeting Minutes September 16, 2008 Page 5 distributed prior to the November election and assist voters with neutral background information concerning the Carriage Hills referendum and ballot question. Aye: 5 Nay: 0 3. Public Works Director Colbert discussed a revision made to the Winter Trail Maintenance Policy due to fiscal constraints requiring the elimination of the contractual expenditures resulting in the need to perform this service program with City staff and equipment as a secondary priority t be initiated upon completion of the snow and ice control program for local streets. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the revised Policy for Winter Maintenance of Sidewalks and Trailways. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councihnember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:40 p.m. _ Administs'ative Secretary 1 Deputy City Clerk Date MINUTES SPECIAL CITY COUNCIL MEETING THURSDAY, SEPTEMBER 11, 2008 5:30 P.M. EAGAN ROOM EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmeanbers Bakken, Fields, Ilunter and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Service VanOvcrbeke, Community Development Director Hohenstein, Tire Chief Scott, Communications Director Garrison, Public Works Director Colbert and Parks and Recreation Director Seydell Johnson. 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. At the Mayor's request, the City Council observed a moment of silence in honor of the victims of September 11, 2001. The City Council added a discussion item regarding the grand opening of the Northwood Overpass. Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the agenda as amended. Aye: S, Nay: 0 Public Works Director Colbert highlighted the public grand opening that is anticipated for the Northwood Parkway Overpass. Colbert noted that the original date of October 9 will no longer work for the grand opening to occur. There was City Council consensus to hold the grand opening on Monday, October 27, 2008 from 2:30 to 3:30 p.m. II. MVTA UPDATE REGARDING STATUS OF CEDAR GROVE TRANSIT STATION AND DESIGN PROGRAM City Administrator Hedges introduced the item noting that the first phase of Bus Rapid Transit (BR"l) will become operational along the Cedar Avenue Corridor in September 2009 between Lakeville and the Mall of America as part of the regions Urban Partnership Agreement (iJPA): Innovative Choices for Congestion Relief. Hedges added that Minnesota has been awarded $133.3 million through the U.S. Department of Transportation UPA Program for strategics to reduce traffic congestion in the Twin Cities. Hedges noted that the use of the UPA funding for the transit station construction requires operation of the stations by December 2009. Community Development Director Hohenstein introduced Beverly Miller, Executive Director of the MVTA, and Terri Olson, consultant with TKDA, who provided an overview of the Cedar Avenue Bus Rapid Transit Program, including a status update and design proposals for the Cedar Grove transit station. Oo Special City Council Minutes September 11, 2008 Page 2 The City Council discussed the BRT project and the station to be built in the Cedar Grove Redevelopment Area. Mayor Maguire suggested an opportunity for coffee/limited retail within the stations being built as part of the BRT project. Mayor Maguire thanked Ms. Miller and Ms. Olson for providing an update to the City Council. W. REVEIVE PRESENTATION OF DAKOTA COUNTY COMMERCIAL/INDUSTRIAL STUDY City Administrator Hedges introduced the item noting that in 2007, the County Board adopted six strategic initiatives for economic development in Dakota County. Hedges added that one of those six initiatives related to coordinating strategic infrastructure and land development, including Brownfield redevelopment, telecommunications, and commercial/industrial development. Community Development Hohenstein noted that the Dakota County Community Development Agency (CDA) hired Maxfield Research to complete a county-wide commercial/industrial market study to assess supply and demand in all Dakota County cities and townships through 2030. Mr. Hohenstein introduced Jay Thompson of the Dakota County CDA, who presented the findings of the commercial/industrial study that was completed in May of 2048. The City Council discussed the commercial/industrial study. Mayor Maguire thanked Mr. Thompson for presenting the study to the City Council. '].'he City Council recessed at 6:45 p.m. The City Council reconvened at 6:55 p.m. IV. DISCUSS ADVANCED COMMUNITY INFORMATION AND VISIONING STATEMENT FOR NOVEMBER REFERENDUM City Administrator Hedges introduced the item noting at the September 2, 2008 City Council meeting, the Council formally approved the ballot language for the November 4, 2008 referendum regarding the proposed acquisition of the former Carriage Hills Golf Course. Hedges noted that the purpose of tonight is for the Council to review both the proposed visioning statement and fact sheet for the referendum. Hedges added that the fact sheet is intended to be an informational piece for the community, which is proposed to be distributed to all households in Eagan through the Experience Eagan newsletter scheduled to arrive in homes in mid-October. Hedges noted that per the direction of the Council, staff has been working with consultant Rusty Fifield of the Hoisington Kaegler Group, Inc. to prepare a frarrrework to assist to the Council with their visioning discussion. Special City Council Minutes September 11, 2008 Page 3 The City Council discussed the proposed Carriage Hills fact sheet and made recommendations on changes and additions to the document. Mayor Maguire suggested that City staff look into making the fact sheet a "dynamic" document on the City's website, where residents could add questions of their own to which the City could respond. City Administrator Hedges noted that the Council will have an opportunity for one final review of the fact sheet at their September 16 regular City Council meeting. City Administrator Hedges introduced the proposed visioning framework to assist the Council with the visioning document they wish to prepare for the former Carriage Ilills Golf Course site. Hedges noted that the visioning document is intended to be a working document that could be modified after the referendum, should the referendum pass. Parks and Recreation Director Johnson summarized the visioning framework and the draft visioning document. The City Council discussed the visioning document and noted changes and additions they would like to see to the next draft. The Council requested that staff include a site diagram. with the next draft so that the Council could identify locations of possible uses. The question was also raised regarding which areas would be eligible for federal wetland banking. The Council discussed the concept of designating the area as planned development. There was Counci 1 consensus that they are comfortable with using the planned development framework in order to frame the uses for the property. Mayor Maguire noted that should the referendum pass, there will be an opportunity for future public involvement to determine how the property should be used. City Administrator Hedges noted that the visioning document will be brought back to the City Council for further review at a future City Council meeting. Mayor Maguire commended the City Council on their work over the past three months with regard to the Carriage Hills discussion. V. OTHER BUSINESS There was no other business. VI. VISITORS TO BE HEART] There were no visitors to be heard. VH. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:16 p.m. s Agenda Information Memo October 7, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Utility Maintenance Worker- ACTION TO BE CONSIDERED: To approve the hiring of a person to he named as Utility Maintenance Worker. The person's name will be included in Monday's Additional Information packet, if available for packet preparation. Agenda Information Memo October 7, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 18, 2008, September 25, 2008 and October 2, 2008 as presented. ATTACHMENTS: • Check registers dated September 18, 2008, September 25, 2008 and October 2, 2008 are enclosed without page number. Agenda Information Memo October 7, 2008, Eagan City Council Meeting D. SET PUBLIC HEARING DATE FOR NOVEMBER 6, 2008 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 6, 2008 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has 4 delinquent accounts in the amount of $1,434. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Agenda Information Memo October 7, 2008, Eagan City Council Meeting E. SET PUBLIC HEARING DATE FOR NOVEMBER 6, 2048 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 5, 2045 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. ➢ The City currently has 14 delinquent accounts in the amount of $2,611.35. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Agenda Information Memo October 7, 2008 Eagan City Council Meeting CONSENT AGENDA F. SET PUBLIC HEARING DATE FOR NOVEMBER 011 TO CERTIFY DELINQUENT -LuILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 5, 2008 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments 1-7 General Election Judges - November 4, 2008 LAST N"E FIRST ABBOTT SUE AGNEW MARK AGRIMSON LOIS AKUBUIKE NGOZICHIKWU AMELL LUCILLE AMENT ROBERT ANDERSON DON ARAMBADJIS DENISE ATUKORALA JAYANTHA N AVAKIAN COLLEEN BAHR DARLENE BAKER MARION BASCH CHRISTINA BATTIS VIRGINIA BEHNKE GEORGE BELL TER] BELLILE GROVER BEND"f ❑UEY BENDT LINDA BENDTSEN KAREN BERG DIANE BERKOPEC JENNY BERTHE BRUCE BERTHS DIANE BESEKE CAROLYN BEST ELAYNE BOEKE KRISTEN BOHLIG JOAN T}resday, Seplember 30, 2008 Page I of if LAST NAME FIRST BOHLIG GEORGE BOHN FRANCIS BRADLEY SUSAN BREKKE MARCIA BRINK MURIEL BROST KENT BURBACH TRICIA BURKARD SHIRLEY BUTLER ELIZABETH CANNELLA ROBERT CARLSON RUTH CARLSON PAMELA CHOURAVONG ANDRE CHRISTIAN GORDON CIRKSENA GEORGIA CLARK KRISTINA COHOES KAREN COLEMAN TONY COLLINS ROYCE KATHY COLONGA DIANE COOK LARRY COOK GAIL CRANE WENDY CROW GINA DAHLQUIST JENNIFER DANNER MARGO DARE KAREN DAVIS TERRY DECKER JAMES DEMMA JOHN Tuesday, September 30, 2008 Page 2 of 11 ac) LAST NAME FIRST DENARDO JUDY DeNARDO BOB DEVERERAUX BARBARA DIERKES JOSEPH DILLEY SHERRY DINGMAN BARBARA DODGE GER€ANNE DOEHL.ING ARLENE DRIVER JUDY DVORAK MARI LYN DZIELSKY SHIRLEE EDWARDS KRISTI ERICKSON JESSE C. ERICKSON JESSICA ESTUM JESSE EYKYN THOMAS FAIRCHILD CARALYNE FEDDE BETTY FLADAGER CARRIE FLETT ROXANNE FLOREZ ROBERT FOGG AMANDA FORSMAN SON€ FOSS MARY FOX BARBARA FREUND CAROL FRIESEN MILLER FRIESEN JULIE FROLOFF TATIANA GARAY MICHELLE Tuesday, September 30, 2008 Page 3 of 11 LAST NAME FIRST GARY DAVID GAUDETTE JOHN GAUDETTE MARY GEAGAN SUE GIGNAC MILLIE GITTINGS ROXIE GLEVVVVE CARL GOEDKEN RONALD LOESS ART LOESS BERNADINE COIN LIZ GOODSON KARL GRAMLING RICHARD GRANT-SMITH DEBI GRASS DARELL GRASS HELEN HAGBERG MARY HAGEN LORI HAGEN KAY HAGEN TAMI HAHN CHERYL HAMLING PATRICIA HAMLING PAUL. HANDLER LAURA HANSON PAUL HANSON JUDY HANSON LORIE HANSON KRISTIN HARMON JEAN HARTLEBEN MILDRED nfesday, September 30, 2008 Page 4 of 11 Agenda Information Memo October 7, 2008, Eagan City Council Meeting G. APPROVE LIST OF ELECTION JUDGES FOR THE NOVEMBER 4, 2008 GENERAL ELECTION AND AUTHORIZE THE CITY CLERK TO MODIFY THE LIST AS NECESSARY ACTION TO BE CONSIDERED: To approve the list of election judges for the November 4, 2008 General Election and authorize the City Clerk to modify the list as necessary. FACTS: At the August 4, 2008 Council Listening Session, staff was directed to review the appointment process for election judges during the winter of 2008-2009. The review will be undertaken following the November 4 General Election as was directed by Council. The judges on the attached list have met the miniinurn qualifications set forth in state statute. The list of student trainee election judges from Burnsville High School will be sent in the Additional Information packet to Council on Monday. ATTACHMENTS (1) Attached on pages through is the list of election judges for the General Election. LAST NAME FIRST HARVEY EILEEN HASH ORLANDO HASH HERDIS HA4.ISLADEN NANCY HAW KINS PATRICIA HAYDEN BARB HAYES DAWN HEALY PEA HEARN CHERYL HEFFERNAN CAROLE HOBOT DIANNE HOHENALIER SARRON HOLZEMER MARION HUDSON BILL IFFERT RICHARD JABBRA VICKIE JAFR1 IRSHAD JANDEWERTH HENRY JOHNSON GARY JOHNSON PENNY JOHNSON LUCIA JONES TIM JONES CHRISTINE JONES MARGIE JORGENSON DARLETTE KAEDER PATRICIA KAESS MIKE KAHN JOSEPH KAHN CARRIE KAHN JAMES Tilsesday, September 30, 2008 Page 5 of if LAST NAME FIRST KAHNKE DEBRA KAMBEITZ BERNETTA KAMM JEFF KEARNS CAROL KIEMELE MELINDA KING CONSTANNCE KISSELL BARRY KIVI DEANNA KLANG SHIRLEE KOESTER BARBARA KOMPELIEN DAVID KOMPELIEN CAROLYN KOSEK CAROLYN KRAEMER ELDORA KRECH SHARON KRISNIK YVONNE KRUEGER PAM KRUEGER CINDY KULLER ABBEY KUNKEL DEBRAH LACHMAN JEAN LANE MARIE LANGE SHEILA LaPOI NTE LISA LARKIN JOHN LARSON JAMIE LARSON RAYMOND LAWRENCE ROBERT LEE DAISY LEEAN DON T}resday, September 30, 2005 Page b of l I a4f LAST NAME FIRST LETNES YOLANDA LIBERTY DONNA LIENAU JURY LIGHT LAURIE LOEWE CURTIS LOUIS CHARLEEN LUCIANO ZENAIDA LUNDEEN BARBARA LYSTIG REBECCA MARCH BARBARA ANN MARTIN SHANNON MATH IEU MICHAEL MATH IEU BARBARA MAYERS AL MAZIERSKI ROSE ANN MCCLOSKEY JUDITH MCDONALD DENNIS MCGU€RE MARY MCINTI RE NANCY MCKEOWN WILLIAM MCKINLEY STEVEN WINDERS DEBRA MESTNIK CAROLYN METZGER SARAH MEYER GARY MILLER SHARON MILLER JUDY M€SCHNICK KATHLEEN MOREAU TOM MORRISON KENNETH Tuesday, September 30, 2008 Page 7 of 11 LAST NAME FIRST MUI LENBERG GARY MUNSTERMAN MARY MUTCLER JANE NELSON JUDITH A NICOLAY RICHARD NIFSE ANGELA NORBERG JARED O'BRIEN WFNDE Q'GORMAN LYNN O'GORMAN MARK OHM ELDORIS OLSEN SALLY OLSON DOUGLAS ORNER JUDY PARENT CAROL PATNODE JIM PATTERSON JANE PAUL PATTI PEARSON DARLENE PEGELOW TERESA PETERSON JUDY PETERSON JANE PETERSON WILLIAM PETTY LISA PFEIFER CAROA POECHMANN NANCY QUINN-NELSON JODIE REISDORFER STAN RFISDORFER KATHY RE€SHUS FREDERICK Trresdrry, September 30, 2008 Page 8 of I1 R`t LAST NAME FIRST RENISH SALLY RESTAD ARLEN RICHARDS DEIDRE ROLLEFSON SHARON ROSE RUTH ROSS BETTY ROWE-JOHNSON MICHELLE RUSERT JENNIFER RUZICKA MARTIE RYSAVY SUZANNE SAMES KAREN SAMSON ANNETTE SCHALLENBERG CATHERINE SCHILLING KIM SCHINDELDECKER MILLIE SCHINDELDECKER WILLARD SCHMITZ PAMELA SCHWAPPACH DONALD SCHWARTZ MELISSA SCHWARTZ BEVERLY SCHWERY BARBARA SEVERSON JODY SEXTON MICHAEL SHALLER KENNETH SHEARON MARY SHELDON ARLENE SHUMER ROB SHUMER SUSAN SICOLI ROBIN SIEBERT JENNIFER nie-v lay, Seplember 30, 2005 Page 9 of ll a*7 l LAST NAME F'IRS'T SIMMONS MARSHALL SIROTIAK ANDREW SKLUZACEK TED SMITH NANCY I SORENSEN TERESA SPINNER JODY SRINIVASAN BABU STEVENS DONALD STEVENS JANET STUEWE MARIE SULLIVAN BRIAN SWAN DONNA SWEDEAN DICK SWEDEAN JOYCE TEICH JANE THELEN THERESA THOMPSON WARREN THORSTENSON ARDIS TOMAN SALLY TORNBERG JULIE TRAUTMAN NANCY TRITABAUGH DENNIS TROJE SHARON TURNHAM DALE TWOMEY RUTH TYRE ROYCE UECKER KAREN UECKER MARK USELMANN JOAN VANDYCK LOIS T'ueiday, September 30, 2018 Page 10 of 11 ~5 LAST NAME FIRST VARGHESE SHAJ I VIERRA SILL VIHOVDE FRED VIHOVDE CAROL VOGT DALE VOLK ARDITH VOLLMAR ROSALIE WANDERSEE KAY WARD JERRY WASHINGTON MARY WASVI CK LYNN WATTS LINDA WEINHAUS DAWN WEINZETL KATHY WEISE SHARON WILK ERICCA WILLIAMS EILEEN WILSON TERESA W INSLOW JAMES WINTERS MARY WISNEW FRANK W ITT ERICA WOLF MORGAN WORKE KAREN YAMANAKA LYNN YARWOOD RAYMOND ZIMMERMAN JEFFREY Tuesday, September 3D, 2008 Page 11 of 11 General Election - November 4, 2008 Absentee Election Judge List Ricke, Pat Eilers, Mary Jo Elbert, Mary Fischer, Charles McNearney, Regina Nemer, Barbara Pedersen, Mary Jane Perin, Ruth Stevenson, Cheryl Tumini, Carol Zinck, Jackie 2008 Election Judges: E,A ,AN HIGH SCHOOL LAST/FIRST 1. Anderson, Melanie 2. Barnicle, Madeline 3. Barta, Richard 4. Benson, Andrew 5. Benson, Margaret 6. Bianchi-Knod, Elizabeth 7. Boland, Alex 8. Bowling, Garrett 9. Burian, Meghan 10. Callahan, Sam 11. Carlin, Samantha 12. Carlson, Elizabeth 13. Conocchioli, Roya 14. Cox, Courtney IS. Cusack, Samantha 16. Delebo, Tom 17. Dixon, Jennifer 18. Eisenstat, Sophia 19. Ejuwa, Nathan 20. Ferreira, Javier 21. Fischer, Sara 22. Franke, Ryan 23. Guetzlaff, Abby 24. Jin, Senita 25. Johnson, Rachel 26. Kawalek, Melinda 27. Kuchera, Taylor 28. Kusle, Nathan 29. Larson, Ann 38. Loehrer, Alec 31. Marascuilo, Gina 32. Markon, Rachel 33. McKinnon, Dana 34. Patterson, Anne 35. Phillips, Nate 36. Quam, Aaron (Doi: gmai92) 37. Rasmussen, Jacob 38. Romero, Julian 39. Rose, Robert C. 31 40. Sabongi, Edward 41. Schlagel, !Natalie 42. Seely, Greg 43. Seidel, Abbey 44. Seiner, Alex 45. Seidl, Brittany 46. Sibley, slosh 47. Sorenson, Alex (Dos. log aw) 46. Swenson, Sarah 49. Turnini, Angela 50. Vacinek, Michelle 51. Volta, Viroopa _ 52. Webster, Blake 53. Weil, Andrew Agenda Information Memo October 7, 2008, Eagan City Council Meeting H. APPROVE 7-1-08 TO 7-1-09 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7-1-08 to 7-1-09. FACTS: ➢ The City has received information. for the general insurance coverages. The renewal proposed has been assembled through the efforts of Tony Becker and Ann Stanton of Arthur J. Gallagher & Co., the City's insurance representative. ➢ General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. A Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only one quote from the LMCIT to present to the City Council for consideration. ➢ The insurance renewal is being presented to Council three months into the renewal period due to LMCIT processing delays. Appropriate coverage was hound and has been maintained during the past three months. ➢ The total premium decreased approximately 5.5% from the prior year as shown below. Changes in premiums from the prior year result from a combination of rate changes and experience factors. A detailed explanation of changes is not included in this packet, but is available upon request from the City Administrator's office. ➢ Per the conclusion reached by the City Council in May of 2007, the renewal approval includes waiving the monetary limit on tort liability. if the City Council wishes to address that option again, this item should be removed from the consent agenda for discussion. Increase Coverage 200712008 2008/2009 Amount: Percent Property $ 141,449 $ 126,287 $ (15,162) -10.7% Municipal Liability 191,750 184,449 (7,301) -3.8% Auto L.iab & Damage 62,071 59,857 (2,204) -3.6% Mobile Property 11,197 11,865 668 6.0% Blanket Bard 2,096 2,122 26 1.2% Open Meeting Law 2,890 2,366 (444) -95.8% Boiler & Machinery 17,844 18,596 756 4.2% AD&D - Firefighters 2,272 2,272 - - Total premiums $ 431,485 $ 407,824 $ (23,661) -5.5% ATTACHMENTS (0) Consent Agenda October 7, 2008 City Council Meeting 1. ACCEPT Donation fora ark beach to be located in Central Park, ACTION TO BE CONSIDERED: To accept a donation of $1250 from the Bornhorst Fancily to memorialize a hark bench in Central Park. FACTS: • The Parks and Recreation Department has along history of installing and memorializing park amenities with fronds donated as memorials. o The bench being memorialized is currently located in the band slieI I area of Ce11traI Park adiaccnt to the playground. ■ A small plaque with the inscription "In Loving Memory of Bev Bornllorst" will be mounted on the bench consistent with the past practice of installing plaques on park amenities donated as memorials. ATTACHMENTS: • None Consent Agenda October- 7, 2008 City Council Meeting J. - APPROVE modification to 2008 Ea an Cornmunity Center bud et, ACTION TO BE, CONSIDERED: To approve a modification to decrease the 2008 Eagan Cominunity Center budget by $1-000 to purchase replacement fitness assessment equipinent. FACTS: ■ When the City Council reviewed and approved the 2008 budget for ECC they approved an expenditure of $4,000 for a metabolic monitoring system that was to be used to enhance and expand personal training and other fitness pro grains. The system would help to create individualized personal workouts and progression comparisons based upon individual analysis. • Auer further research staff identified a fitness software and body composition scale that would more effectively meet the original goals for customized workouts and assessrncrits. The BSDI Fitness Assessment Software ($2,000) and Tanita Bioelectrical Independence Body Composition Scale ($1,000) will provide more opportunities to increase services. compared to the original request for a stand-alone metabolic monitoring system. • The software program allows personal trainers to create several protocols to conduct fitness assessments based on the heed of indIvrduaIs. That Information can tl:ici7 be visually represented through graphs and educational information to show individual ratings based on age and gender comparisons. From this information the personal trailrer- can design specific programs with defined goals and benchmarks so the client can actively follow their progress and success. • The body composition scale is a better indicator of health because it measures WIWI' things besides weight. This scale has the ability to connect directly to a computer- ill which the results would be uploaded into a saved database and provide informational reports. This process allows for a more "walls-up" service compared to the current Caliper method which requires an appointment with a trainer. Both items/services would be fee based and used exclusively by trained personal Ira. irlei's. Regular fitness assessments and body composition analysis Cali be a stand-alone service or combined with personal training packages. • Staff has worked with IT to ensure that these products work and that the secure stored database for individuals is compliant with HIPPA regulations. ATTACHMENTS: • None Agenda Mciw October 7, 2008 Eagan City Council Meeting K: APPROVE Change Order #2 for Civic Arena Nest Mezzanine Construction. ACTION TO BE CONSIDERED: Approve Change Order #2 in the amount of $5,368 for the Eagan Civic Arena West Mezzanine construction. FACTS: d The Civic Arena mezzanine construction contract was approved at $239,096. Change Order # i was approved on July 5 for a deduction of $ 12,447. During construction the following items were added or modified: o Add sound insulation to the lower walls adjacent to rInIc $1,650 o Add 2 additional core drill penetrations in floor for future plumbing use in concessions area. 260 o Add one additional window and frame 1,583 • Paint walls dark color from bar joist to ceiling 1,025 a Install treads, riser and landing flooring in front stairs in 850 Licu of rear stairs as specified $5,368 ■ The addition of Change Order #2 brings the total contract to $232,017, or $7,079 under the original contract. ATTACHMENTS: None 3( Agenda Information Memo October 7th, 2008, Eagan City Council Meeting L. Approval of Contract between the_City of Eagan and Maintenance Plus ACTION TO BE CONSIDERED: Approve a contract for Maintenance Plus to continue the janitorial service for the five `ire Stations. ']'he Fire Department went out for a Request for Proposal in August of 2048. Two vendors submitted proposals for the janitorial contract. Maintenance Plus was the lowest bidder with a total contract of $36,900 for the three years with an option for a fourth year. FACTS: • Maintenance Plus has been the vendor used by the City for cleaning the fire stations for over the past ten years. • The new Maintenance Plus contract came in $5,700 less per year than previous years. • The new contract states the duties to be preformed by the Maintenance Plus staff for each fire station. ■ Maintenance Plus staff have received background checks. ATTACHMENTS: A copy of the contract with Maintenance Plus on pages 36'through FIRE STATION JANITORIAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into the 7 day of Oe-T , 2008, by and between the City of Eagan, a Minnesota municipal corporation, (the "City") and ► 'r~ e ld , a r~ - 0,r-e U (the "Contractor'"). The City and Contractor may be referred to collectively as the "Parties". WHEREAS, the City desires to have janitorial services for its fire stations and WHEREAS, the Contractor desires to provide janitorial services as needed and directed by the City and according to the specifications and requirements of the City; NOW, THEREFORE, the City and Contractor agree as follows: 1. Janitorial Services. The Contractor shall provide janitorial services in accordance with the specifications as required by the City in its Request for Proposals (the "UP"), a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 2. Contract Price. The Contractor shall perform the services herein for the price (the "Contract Price") as set forth in its response to the RFP attached hereto as Exhibit B and incorporated herein by reference. The services performed by Contractor under this Agreement shall not exceed the Contract Price without the prior written authorization of the City. 3. Payment. The City shall pay Contractor upon satisfactory completion of the service or services hereinafter specified. 4. Date of Completion. The Contractor shall have completed the work as stated in the specifications. 5, Subcontractors. The Contractor shall not hire any Subcontractors without the express written consent of the City of Eagan Fire Chief. Contractor shall pay any Subcontractor within ten days of the Contractor's receipt of payment from the City for undisputed services. Indemnily, Hold Harmless and Insurance. Contractor agrees to indemnify and hold harmless and defend the City, its agents, officers and employees from any liability, claims, demands, damages, actions or causes of action, or expenses, including reasonable attorneys' fees, arising out of Contractor's performance of this Agreement. Throughout the term of this Agreement, the Contractor shall carry workers' compensation and general liability insurance for claims which might occur during this Agreement, all in amounts acceptable to the City. The City shall not be liable for any injuries to Contractor's employees arising out of work performed under this Agreement. Upon execution of this Agreement, a certificate of insurance must be filed with the City Clerk evidencing such coverage to be in force as long as this Agreement remains in effect and providing that said insurance will not be canceled or materially changed without at least 30 days prior written notice to the City. 7. Independent Contractor Status. Contractor agrees and warrants that it is an independent contractor with respect to the services provided under this Agreement. Nothing in this Agreement shall be construed to create the relationship of employer and employee between the Parties. 8. Non-Exclusivity. This is a non-exclusive contract and the City retains the right to hire other contractors to do any work at any fire station. 9. Termination. The City may terminate this Contract as to any fire station upon thirty (30) days written notice to the Contractor. 10. Reimbursement. The Contractor shall reimburse the City for costs incurred in the enforcement of this Agreement, including attorneys' fees, court costs, expert witness fees and administrative expenses. 2 -?D I { 11. Cumulative Rights and Non-Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as a waiver of any other right available to the City. 12. Third Parties. Third parties shall have no recourse against the City under this Agreement. 13. Invalidi . If any portion, section, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 14. Non-assignability. The Contractor may not assign this Agreement without the prior written permission of the City Council. 15. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the Parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. The Parties agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 16. Applicable _ Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any lawsuits related to or arising out of disputes under this Agreement shall be commenced and tried in the District Court of Dakota County, Minnesota and Contractor voluntarily submits to the jurisdiction of the District Court for such lawsuits. 17. Notices. All notices, consents, demands and requests which may be or are required to be given by either party to the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 4() 3 17.1 If to the City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator and Fire Chief. 17.2 If to the Contractor, mail to , Attention: IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals. CITY OF EAGAN: CONTRACTOR: By: Mike Maguire By: Date Its: Mayor- Its: Attest: Maria Petersen Its: Clerk (SEAL) 4 F STATE OF MINNESOTA) }ss. COUNTY OF DAKOTA } The foregoing instrument was acknowledged before me this day of , 2008, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF } The foregoing was acknowledged before e this day of , 2008, by , the of , a on behalf of the Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: ~f~ 5 Fire Da#Aftme'M PRPOS n JANITORIAL E t CITY OF FIRE STATIONS: E Eagan Fire. fttion.l, 3940 Rahn Read; Elamdire Station 2,2980-Oak Circle, ~'Am~ Eagan Fire-:station 3, 43,90 Pilot Knob Road; ~f~ Eagan Fire Station-4,4200 Dodd.-Road; 4701 alma versos , Er k s rv! f the s' ces or The of Eagan Fire DeWr ent is seeking p= sis for Jan or! eve E~ --~z Prior to award of this ntradth 1A =_SVui Kaawl MN 5512.2 -proposer will reed to vi -pry that h s -9 has-a minim. vm c f I milli oMof 651 .8f"5.1";x0'PrT0 :Q fisbiia ip.s ra wv rag , awepubie to the f~f. € i1.67!i,5D 0 fax G511 1575,50109 TOD % JANITORIAL SERVICES FOR4 fire Station I~ per mth36 = c ~w 4 Fire Station 2 f 96, per month X 36 °3, Fire, taftn 96, flu per mnth x • m 00 . . i 4, Fire tiation c u~ ye t 6 Peggy caftor, . fire Station Per month X s = au ~on W-3 T116Y 1 12 month total for 'bai l TA Par month x 6 ~ 4/3 tat rf i7 ~A3r"3A The- v'tbtt , This is not an exclusive -contract, rho. it of Eager r tai % the right to hire Tm~: tN& Osix T'4,E additional janitorial wntmeto or se Aass to perform any ndo ptoVid d to Tha symb f this ntmct' in O Cows'.cl.n£p/- The €f of Eagan rat aim The right to larmir to tN- wntract a to w or all of the above fire stators- upon sib day` fftn. not€c-from the City to the Im ~ S l"f~Z i. ~s' § iU QTj 4[b s WILLIAM S. SRENASKI INSURANCE AGENCY 4651 Nicols Rd., Suite 200 Eagan, Minnesota 55122 €6513 452-5351 (651) 452-5278 May 22, 2008. TO: Whom It May Concern RE: Robert Gastfield The William S. Srenaski Insurance Agency can and will provide Robert Gastfield the necessary requirements. of insurance upon contractual agreement to provide his services. These would be the requirements listed on the attached page. Regards, William S. Srenaski `T ~L Agenda l nformation Memo October 7, 2008 Eagan City Council Meeting M. PROTECT 955, SAFARI ESTATES STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 955 (Safari Estates - Street Improvements) and schedule a public hearing to be held on November G, 2008. TACTS : ■ Project 955 provided for the street improvements of the streets within the Safari Estates neighborhood, located south of Cliff Road, between Gataxie Avenue and I- 35E. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-43, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns, • The final assessments are approximately 25% more than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2007, due to increased contract management and construction costs of the street improvement work completed this past construction season. The proposed assessment is consistent with other similar project assessments for single-family properties. Agenda IniormAtion Memo October 7, 2008 Eagan City Council Meeting N. PROJECT 958, TOWERVIEW RD WEST OF PILOT KNOB RD STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 958 (Towerview Road - Street Improvements) and schedule a public hearing to be held on November 6, 2008. FACTS: • Project 958 provided for the street improvements of Towerview Road, west of Pilot Knob Road. The street improvements were completed as outlined and discussed in the feasibility report. ■ This project, constructed under Contract 08-03, has been completed, all costs tabulated and the final assessment roll prepared, The assessments are based upon the City of Eagan's Special Assessment Policy for alt such assessable properties. ■ This roll is now be] ng presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the filial assessment hearing with the affected property owners and address any concerns. ■ The final assessments are 31%, more than the estimate contained in the feasibility report presented at the public hearing held on February 19, 2008, due to increased contract management costs of the street improvement work completed this past construction season. Agenda Information Memo October 7, 2008 Eagan City Council Meeting 0. PROJECT 960, BRITTANY 8rn ---10TH STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 960 (Brittany 81" - 10"' Additions-- Street Improvements) and schedule a public healing to be held on November 6, 2008. FACTS : • Project 960 provided for the street improvements of the streets within the Brittany 8`h - l O'h Additions neighborhood, located south of Cliff Road, between Pilot Knob Road and Johnny Calce Ridge Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The filial assessments are approximately S% more than the estimate contained in the feasibility report presented at the public hearing held on January 15, 2008, due to increased contract management costs of the street improvement work completed this past construction season. Agenda Information Memo October 7, 2008 Eagan City Council Meeting P. PROJECT 961, BUR OAK HILLS STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 961 (Bur Oak Hills - Street Improvements) and schedule a public hearing to be held on November 6, 2008. FACTS : • Project 961 provided for the street improvements within the Bur Oak Hills neighborhood, located cast of Highway 149, north of Yankee Doodle Road. The street improvements were completed as outlined and discussed in the feasibility report. ■ This project, constructed under Contract 08-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ■ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns, • The final assessments are 14% less than the estimate contained in the feasibility report presented at the public hearing held on February 19, 2008. Agenda 1 n formation Memo October 7, 2008 Eagan City Council Meeting PROJECT 965, ELRENE ROAD TRAILS END RD TO WESCOTT RD STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 965 (Elrenc Road - Street Improvements) and schedule a public hearing to be held on November 6, 2008. FACTS- • Project 965 provided for the street improvements of Elrene Road, between Trails End Road and Wescott Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. ■ This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are 26% less than the estimate contained in the feasibility report presented at the public hearing held on February 19, 2008. T~ Agenda Information Memo October 7, 2008 Eagan City Council Meeting R. PROJECT 968, LEXINGTON POINTE PARKWAY/ DANIEL DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 968 (Lexington Pointe Parkway/ Daniel Drive Street huprovements) and schedule a public hearing to be held on November 6, 2008. FACTS : • Project 968 provided for the street improvements within the Lexington Pointe Parkway/ Daniel Drive neighborhood, located east of Lexington Avenue and south of Diff ey Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled pr7ior to the final assessment hearing with the affected property owners and address any concerns, • The final assessments are 10% less than the estimate contained in the feasibility report presented at the public healing held on February 19, 2008. Agenda Informaemn Memo October 7, 2008 Eagan City Council Meeting S. CONTRACT 07-06 LEBANON HILLS REGIONAL PARK/LONG ACRES STORM SEWER EUPROVEMENTS ACTION TO RE CONSIDERED: Approve Easement Agreement for Contract 07-06 (Lebanon Hills Regional Park/Long Acres - Storm Sewer improvements) with the property owner of Parcel 10-02600-010-54 and authorize the Mayor and City Cleric to execute all related documents. FACTS: • Contract 07-06 provides for the managed conveyance of stone water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LI-IRP). The improvements include the required diversion and pre-treatment pond for Jensen Lake as discussed during the Steeplechase development. ■ On May 1, 2007, the City Council approved Project 905R, Lebanon Hills Regional Park/Long Acres - Storm. Sewer Improvements. • On October 2, 2007, the Council approved the revised Joint Powers Agreement for Lebanon Hills Regional Park Storm Water Management and Project 90511, including the acquisition of all necessary easements. • The construction of the storm sewer improvements between Long Acres and the Holland Take Lift Station required the acquisition of limited permanent and temporary casements from the adjacent properties. Dalcota County consented to the placement of improvements within Lebanon Hills Regional Park without any easements or related acquisition costs. Most of the storm sewer installed was placed, by permit, within the County right-of-way for Cliff Road without any permit fees. • The three westerly most parcels adjacent to the storm sewer improvements near the lift station include property on both sides of Cliff Road, encroacbing upon Holland Lake, Dakota County Parks staff decided to acquire the portions of all three parcels lying south of Cliff Road and provide any necessary easements for the storm sewer. ■ Unfortunately, due to a combination of unrelated events, including the unexpected death of one of the property owners, the County will not acquire the property needed in time to allow the completion of the construction of the storm sewer in this construction season. • Due to the County's efforts to acquire [lie property including the required easement, the property owner has consented to providing a temporary easement to allow the construction activity at no cost. The agreement does include a condition that the City roust acquire the easement or begin condemnation proceedings if the County doesn't acquire the property by March 1, 2009. The County anticipates closing on the property acquisition before the end of the year. ■ An agreement: between the City of Fagan and the owner of Parcel 10-02600.010-54 has been prepared providing for the acquisition of the temporary easement. ■ Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. • The Council's approval of said agreement will allow the completion of the storm sewer improvements included in Contract 07-06 during this construction season and in time for the anticipated completion of the upgrade of the Holland Lake Lift Station (Contract 08-01). ISSIFES: ■ If the City CoLmcil would desire to discuss this item, it would be appropriate to withhold discussion until the Executive Session. Agenda InformAtion Memo October 7, 2008 Eagan City Council Meeting T. CONTRACT _07-0G,_LEBANON HILLS REGIONAL PARK/LONG ACRES STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 for Contract 07-06 (Lebanon Hills Regional ParldLong Acres - Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 07-06 provides for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP). The improvements include the required diversion and pre- treatment pond for Jensen Lake as discussed during the Steeplechase development. • The change order provides for the remobilization, re-installation of traffic control devices, and fuel escalation charges associated with the completion of storm sewer pipe installation under this contract. A portion of the storm sewer piping from McDonough Lake to the Holland Lake/ LP-51 lift station, across Parcel 10-02600- 010-54, was unable to be completed with the remainder of the storm sewer improvements in late 2007, because the necessary easement across the property was not able to be obtained at that time. The easement has now been obtained, pending Council approval of the easement agreement at this meeting. While the storm sewer will be installed under the contract unit prices, this change order provides for the added contractor costs to remobilize for construction this fall. • The cost of the additional work is consistent with mobilization costs on other projects within the city or metro area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $8,000 (1% of original contract). The cost of the additional work under the change order will be the responsibility of the City of Eagan (Storm Sewer Trunlc, Fund 9377) and Dakota County in accordance with the revised Joint Powers Agreement approved by the City Council for Lebanon Hills Regional Park Storm Water Management and Project 9058 on October 2, 2007. Sa. Agenda Information Memo October 7, 2003 Eagan City Council Meeting U. CONTRACT 08-04, CITYWIDE STREET IMPROVEMENTS ACTION TO BE, CONSIDERED: Approve Change Order No. 2 to Contract 08-04 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: ■ Contract 08-04 provides for the street and trail improvements of- a Cedar Grove I" & 2" d Additions (Streets & Utilities - City Project 953) o Glory Drivel Cedar Ridge Circle (Project 954) o Cliff Drive (Project 962) o Nicols Road/ Nancy Circle (Project 963) o Elrene Road (Wescott Road to Yankee Doodle Road - Project 965) o Federal Drive (Washington Drive to Yankee Doodle Road - Project 966) o Wescott Road (Lexington Avenue to Hwy. 149 - Project 967) and the gain garden improvements in various boulevard areas within these neighborhoods. • On April 15, 2008, the City Council awarded the base bid for Contract 08-04 for these improvements. • Change Order #2 provides for the following work: ■ PART I -This portion provides for various unforeseen changes associated with the sanitary sewer, water main, and storm. sewer repairs in the Cedar Grove (Project ##953) area, including the following: - Extra time and materials to modify catch basins to meet City standards. - Removal and replacement of a curb stop. Reconstruction of a sanitary sewer manhole. - Increase in depth of catch basin constriction. - Change in sanitary sewer service re-connection size. Fire hydrant extensions. Repair of sanitary sewer due to conflict with watermain. The snit costs of these additional repairs are consistent with bid prices received for similar work under other projects within the City and metro area. (ADD $16,969.05). The cost of the additional work under Part I of the change order will be the responsibility of the City's various Major Utility Funds. o PART R This portion provides for the reconstruction of a City-maintained catch basin within County right-of-way (Cliff Road). The badly deteriorated catch basin was discovered with the County bituminous overlay project on Cliff Road this construction season. The cost of the additional work is consistent with relevant bid items on other projects within the City and metro area. (ADD $6,831.80) The cost of the additional work under Part 11 of the -change order will be the responsibility of the City's Major Storm Sewer Fund. o PART III - This portion provides for additional pavement message markings needed on the Nicols Road overlay (Project #963) , inadvertently omitted from the original contract. (ADD $1,225.00) The cost of the additional work under Part 1TI of the change order will be the responsibility of the City's Major Street Fund. o PART IV - This portion provides for reconstruction of a concrete entrance apron, additional to the original contract reconstruction, at the request of Thomson - Reuter under the Wescott Road street improvements (Project #967). (ADD $19,246.77). The City will be responsible for the original planned reconstruction ($4,443.411), and Thomson-Reuters has signed•a waiver of assessment for the additional reconstruction aniourst ($14,803.77). The cost of the City's portion of the additional work under Part N of the change order will be the responsibility of the City's Major Street Fund. o PART V This portion provides for additional work necessary to provide a solid street subgrade after completion of the sanitary sewer improvements on Topaz Drive (Cedar Grove - Project #953) (ADD $44,789.63). The cost of the additional work under Part V of the change order will be the responsibility of the City's Major Sanitary Sewer Fund. ■ The change order provides for a total ADD of $89,062.25 (4.6% of original contract). ■ The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo October 7, 2008 Eagan City Council Meeting V. CONTRACT 08-05, SANITARY SEWER LINING ACTION TO BE CONSIDERED: Acknowledge completion of Contract 08-05 (Sanitary Sewer Lining), authorize a final payment of $5,847.72 to V1SU-Sewer and accept for City Maintenance. FACTS: ■ Contract 08-05 provided for the structural relining of approx. 5,000 feet of sanitary sewer laterals throughout the community. This work has been completed in accordance with the approved plans and specifications and is in order far final payment and acceptance by the City. l Agenda Information Memo October 7, 2008 Eagan City Council Meeting W. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION CITY PROJECT 07-A (NOVUS ADDITION) ACTION 'TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 07-A (Novas Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS : • Novus Addition (07-A) is a two-lot commerciallindustrial development located south of the intersection of O'Neil. Drive and Ames Crossing Road, in the northeastern corner of the city that included the private school, Trinity at River Ridge. This development required the new public street construction of Ames Crossing Road, installation of public sanitary sewer, storm sewer, and water main, along with site grading, including wetland replacement, which were all. performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. S~ Agenda Information. Memo October 7, 2008, Eagan City Council Meeting X. COMPREHENSIVE GUIDE PLAN AMENDMENT CARRIAGE HILLS - WENSMANN REALTY, INC. ACTIONS TO BE CONSIDERED: To implement a Comprehensive Guide Plait Amendment to change the land use designation from P (Parks and Recreational Open Space), to SA (Special Area), of approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W '/x of Section 14. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ The proposed land use amendment changes the land use designation from P (Parks and Recreational Open Space), to SA (Special Area), of approximately 120 acres commonly known as Carriage Hills Golf Course. ➢ The generalized land use plan includes areas of Love, Medium and High Density Residential. ➢ On May 27, 2008, the Advisory Planning Commission held a Public Hearing to consider the proposed Comprehensive Guide Plan Amendment. ➢ On June 3, 2008, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. ➢ Also on June 3, 2008, the City Council gave approval to a Rezoning and Preliminary Planned Development, contingent upon the Metropolitan Council's approval of the land use amendment. ➢ On September 24, 2008 the Met Council responded to the proposed Comp Plan Amendment, giving their approval and directing that the City may implement the land use amendment. ➢ Implementation of this land use amendment removes the contingencies on the Rezoning and Preliminary Planned Development. ATTACHMENTS (4): Location Map, page Letter from Metropolitan Council, page June 3, 2008 City Council Minutes page - May 27, 2008 APC Minutes, page through Eagan Boundary a Right-of-way o 31 p ~ parcel Area ~ park Area Building Footprint N Q 3 - v ao. tiwr. nc. xs nrnwxci: acute ao.i 145 . - El Y^ ~ xR e ~ ~a ~ ~ r~;~ 8 1, p 441 q ~ • _ as ~fl a u sl3e al n _ err t:,: a Subject _ - ~ ffi~n a. .a Site t q Q w d p • as w ~ CJ ~ ~ ~ F n4n c a - v U p ~ egda f-'.Id ~ P O - ~L ypaa ti• oucw.um wort = {ovcnriov aR ""~T ~ ~ - g a eg c t3 U=0 L J~ J de e z aq. Subject t Cl Site 4 4 p s p L1 L. Q ~ ~ Q Q ~ Q Ey •43 ~ ~ ~ Q ~ ~ CS ~ .u 9 Q p 4 CZ> p ~ a~ 4 - D ~ U 6' t a p o B9 j p m .g o a~ C 3 o ptrU od q R o D (3 Qa A• 30t1~ 0 1fl09 2000 Feel Development/Developer: Wensmann (Carriage Hills) Application: Comprehensive Plan Amendment Case No.: 14-C©,-03-04-0$ N city o ap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Pavotapmeat nepartment not responsible for errors or omissions. s Metropolitan Council LL September 25, 2008 Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan Comprehensive Plan Amendment (CPA) Wensmann/Carriage Hills Metropolitan Council Review File No. 18274-21 Metropolitan Council District No 15 Dear Ms. Dudziak, At its meeting on September 24, 2008 the Metropolitan Council reviewed the City's ❑ ensmannlCarriage Hills comprehensive plan amendment (CPA). The CPA changes the land use designation of 120 acres from Parks and Recreation Open Space to Special Area. The Special Area guiding allows the City, to accommodate a mix of residential densities and open space. The Council found that the CPA conforms to the regional system plans for transportation, wastewater, and parks, is consistent with the 2430 Regional Development Framework and Council policies, and is compatible with the plans of adjacent, jurisdictions. The Council's action was to: L Adopt the attached review record and allow the City of Eagan to put the comprehensive plan amendment (CPA) into effect. - 2. Find that the CPA does not change the City's forecasts. 3. Remind the City to address stormwater inflow and infiltration (1/1) into the wastewater system as a part of its 2030 Comprehensive. Plan Update. Please contact Tori Dupre at 651 602-1621 if you have any questions. Sincer. , Phylli , Manager Local g Assi stance cc: Dan Wolter, Metropolitan Council District 15 Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Tor- Dupre, Principal Reviewer Cheryl Olsen, Reviews Coordinator N. iConunDeviLPAIComn:uititieeslEaganlLetterslFagan 2008 CPA Wensnlann 1$.274-2! Final.doc www.mctrocnundl.org 390 Robert Street North + St.. Paul, MN 55101-1805 ■ (551) 502-1000 • Fax (651) 602-1554 + 'I FY (651)291-0904 An F Iiiat QppoNunHy Employer Eagan City Council Meeting Minutes June 3, 2008 Page 3 PUBLIC HEARINGS NORTHEAST EAGAN REDEVELOPMENT DISTRICT RESOLU'T'ION REGARDING THE MODIFICATION OF REDEVELOPMENT PLAN FOR THE NORTHEAST EAGAN PROJECT AREA, THE EXPANSION OF DEVELOPMENT DISTRICT #2 AND THE ES'T'ABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2-5. Community Development Director Hohenstein discussed the modification of the redevelopment plan for the Northeast Eagan Project Area, the expansion of development District #2 and the establishment of Tax Increment Financing District No, 2-5. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing and approve a Resolution Adopting a Development Program for Northeast Eagan Development District No. 2, Establishing Tax increment -Financing District No. 2-5 therein and Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY PLANNED DEVELOPMENT (CARRIAGE HILLS) - WENSMANN REALTY, INC. Mayor Maguire provided background information regarding a recently accepted Contingent Settlement Agreement, (Carriage Flills property), which established a framework for expedited consideration of a concept site plan, which would lead to Council approval, and resolution of the dispute and lawsuit. City Administrator Hedges introduced the proposed Comprehensive Guide Plan Amendment, Rezoning and Preliminary Planned Development. City Planner Ridley gave a staff report in regard to the proposed development of the property. Terry Wensmann made a presentation regarding the proposed development. City Attorney Dougherty explained the actions that should be taken in regard to the proposed development, along with conditions that will apply. Mayor Maguire opened the floor for public comment. Ten residents expressed concern regarding the following: The dernandlneed for the type of housing that is proposed The proposed density of the project The number of foreclosures that are occurring in Dakota County and fear that there is no market for more new development ■ Proposed traffic flow through the adjacent neighborhood, construction noise, traffic, etc. Requests for additional buffering between the new development and existing neighborhood Cost and responsibility of the infrastructure of the new development Tree preservation ■ Concern regarding the proposed street access to the development ■ 't'raffic at Wescott Woodlands and Yankee Doodle Road Staff, along with Mr. Wensmann responded to the questions and concerns of the residents. Mayor Maguire turned discussion back to the Council. Councilmembers held a lengthy discussion regarding access onto Wescott Woodlands and Yankee Doodle Road; private streets vs. public streets, buffering of the adjacent properties to the south; screening on the northwest coiner; the use of flagmen at the construction entrances during the school year. f L~ Eagan City Council Meeting Minutes June 3, 2008 Page 4 Council ember Tilley moved, Councilmember Fields seconded a motion to direct staff to submit the Comprehensive Guide Plan Amendment to change the land use designation from P (Parks and Recreational Open Space), to SA (Special Area), of approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W %2 of Section 14 to the Metropolitan Council for their review. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from P (Park) to PD (Planned Development) upon 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W %z of Section 14. (Contingent upon the Metropolitan Council's acceptance of the Comprehensive Guide Plan Amendment). Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for a mixed residential development, upon 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W'/z of Section 14, subject to the following conditions. (Contingent upon the Metropolitan Council's acceptance of the Comprehensive Guide Plan Amendment). Aye: 5 Nay: 0 General 1. This Preliminary Planned Development is contingent upon Metropolitan Council approval of the Comprehensive Guide Plan Amendment 2. The property shall be subdivided and platted prior to final Planned Development approval. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans (Exhibit 2): • Site Plan + Building Elevations • Site Lighting Plan ■ Landscaping Plan ■ Signage Plan + Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 4. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plari • Final Building Elevations ■ Final Site Lighting Plan Final Landscaping Plan • Final Signage Plan • Final Off Street Parking Plan ■ Open Space and Maintenance Plan + Utility Plans (water, sewer and storm) 5. An Environmental. Assessment Worksheet shall be completed prior to Preliminary Subdivision or grading of the Property. 6. The developer shall submit Homeowner Association documents to the City Attorney for review and approval, prior to Final Subdivision approval, including transfer of all common area to the Homeowner Association and the maintenance of private streets to a standard similar to a public street. Airport Noise 7. Sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA shall be employed for buildings within the one-mile buffer area of the 50 dB contour. Lots 8, All lots shall have a minimum street frontage of 50 feet. 9. Single-family lots shall satisfy minimum R-1 zoning standards for lot dimensions and area. 10. Twinhome lots shall satisfy R-2 zoning standards for lot dimensions and area. Eagan City Council Meeting Minutes June 3, 2008 Page 5 11. The detached townlromes shall provide lots that are a minimum of 60' in width with a minimum lot area of 6,€100 sq. ft. per unit. Setbacks and Bulk Standards 12, Structure setbacks shall be consistent with those outlined in the City's zoning Ordinance for the corresponding type of housing as follows: Single-family (R-1 district), Twinhomes (R-2 District), Townhomes (R-3 District) and Senior and Multiple Family (R-4 District). Detached Townhomes shall be consistent with the following standards: Setback Detached Townhomes Front yard public street 30 Feet 40 feet Duckwood Dr. Front yard (private street - from 25 feet (through street) curb 20 feet dead-end street Side yard: Principal Structure 10 feet Side yard: Garage/Accessory 5 feet Structure Rear yard: Principal Structure 15 feet Rear yard: Accessory Structure 5 feet 13. Minimum structure setbacks from Duckwood Drive shall be 40 feet. 14. Building coverage shall not exceed 20% for each single-family or twinhome lot, and 25% for each of the detached townhome units. 15. Building coverage for the townhomes and multiple family buildings shall not exceed 20%. 16, Building heights shall not exceed 35 feet.. Multiple family structures may exceed 35 feet if the required additional setbacks are provided in accordance with the R-4 zoning district standards (an additional 3' for each I' of building height over 35'). Pare 17, The Final Planned Development shall provide for off-street parking in amounts that are consistent with the City's zoning ordinance. Additional off-street visitor parking shall be provided in the multiple family and townhome portions of the development. 18. Parking lot and pavement setbacks shall be a minimum of 20 feet from a public right-of-way to provide sufficient room for berming, screening, buffering and snow storage. Architectural Controls 19. Building elevation plans shall be provided with the Final Planned Development for each phase of the development, Such plans shall include specific architectural controls (i.e. design elements, building materials, etc.) that are consistent with the City's zoning ordinance, where applicable. Other Standards 20. This development shall comply with the provisions outlined in Section 11.70, Subdivision 21 of the City Code pertaining to site fighting, trash storage, walkways, interior storage space, etc. Detailed plans identified in Condition 4 demonstrating compliance shall be provided at the time of Final Planned Development. Landscaping 21. A detailed Landscape Plan, consistent with the design standards and specifications in the City's landscape ordinance (Section 11.70, Subdivision 12) shall be provided with the Preliminary Subdivision and Final Planned Development, 22. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. 23. Berming and landscaping shall be provided along Yankee Doodle Road to provide a buffer between the multiple family buildings and this principal arterial. 23A, The Landscape flan shall address screeninglbuffering between the private drive on the south side of the development and adjacent backyards and between the private drive on the north end of the west side of the development and the Carriage Hills condominium and shall include berms and plantings as necessary. Gladin~ 24. Prior to final subdivision approval, detailed~,grading, drainage, erasion, and sediment control plan shall be prepared in accordance with current City standards and codes. 25. Prior to any grading of the Property, erosion control measures shall be installed and maintained in accordance with City code, City engineering standards, and I MN Pollution Control permit regulations. (P CR Eagan City Council Meeting Minutes June 3, 2008 Page 6 26. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 27. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 27A. The use of flagmen will be reviewed when the Development Agreement is prepared, and their use will be implemented by the Developer as determined to be necessary by the City, Storm Water Drainajze 28. Storm water management systems for this development shalt be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. Wetlands 29. In accordance with Eagan City Code § 11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Preliminary Subdivision. 30. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval. 31. Any proposals to impact any of the wetlands on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code § 11.67 Subd. 5., Wetland Sequencing and Replacement Requirements and Eagan City Code §11.67 Subd. I1„ Wetland Submittal Requirements. 32. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code § 11.67 Subd. 6. 33. All of the Wetland Suffers on the site shall satisfy Wetland Buffer Vegetative Requirements in accordance with Eagan City Code § 11.67 Subd. 7. 34. All of the Wetland Buffers on the site shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 35. All of the Wetland Buffers on the site shall have markers in accordance with Eagan City Code § 11.67 Subd, 9. 36. The development of the site shall have wetland setbacks in accordance with Eagan City Code § 11.67 Subd. 10. 37. This development may be subject to cash dedications in lieu of the above wetland requirements, at the City's discretion. Water Quality 38. There shall be no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be reproved from stor7nwater runoff, whichever is more restrictive. 39. The first one-half inch of stoimwatcr runoff from any rainfall event shall be infiltrated or retained entirely on the site. 40. This development may be subject to cash dedications in lieu of the above water quality requirements, at the ,City's discretion. Tree Preservation 41, In accordance with the City's Tree Preservation Ordinance, Eagan City Code Section 11,10, Subd. 15.1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a, identifies all significant vegetation located on the application site, b. delineates limits of land disturbance and tallies significant vegetation proposed to removed, C. provides for any required tree mitigation, and d. indicates measures to protect significant vegetation intended to be preserved, 42. In order to utilize a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 41 The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 44. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene Iaminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. ' 45. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation flan and placement of the Tree Protection Fencing. Eagan City Council Meeting Minutes June 3, 2008 Page 7 Streets/ Access/ Circulation 46, This development shall be required to obtain a County access permit at time of final subdivision. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road, except in the area of a possible right-in/ right-out access location. 47. All streets within the development, public or private, if any, shall be constructed in accordance with City code, with vehicle turnarounds to City and fire code requirements. 48. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 49, All trails and sidewalks within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right-of-way dedication. 50, Direct driveway access to Duckwood Drive shall be prohibited. 50A. 'T'raffic calming devices shall be implemented on Duckwood Drive with respect to the area between the full intersection on Duckwood Drive located within the development and the Duckwood Drive connection to Wcscott Woodlands as determined by the City. Sanitary Sewer 51. A sanitary sewer system to serve the development shall be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. 52. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations shall be installed at the developer's expense, 53. This development should be responsible for the removal of all septic systems and wells, in accordance with City and County requirements. Water Main 54, Lateral water mains to serve the development for fire and domestic uses shall be constructed in accordance with the City Water Supply & Distribution Plan, and City engineering standards, Eascm(,,nt/Pei-nits/Rights-of-Way 55, This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 56. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 57. If any improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approval.57. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 58. The development shall dedicate conservation easements to the City, in a form acceptable to the City Attorney, over those portions of the site that comprise the 30 acres of open space. These areas shall be shown and identified as Conservation Easement Area on the Final Site Plan prior to Final Planned Development approval. Financial Qbli rag to;i 59. This development shall accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Itn rovement Use Rate Quantity Amount Sanitary Sewer Lateral R14 $29.50/ f f. 2,590 ff. $52,544 Water Lateral R14 $29.80/ f.f. 2,390 f.f. `£71,222 Water Lateral R24 $37.52/ ff. 4,980 ff. $182,3912) Total Per Storm Sewer Lateral R14 $35.951 U. 2,590 f.f. $83,k;" } Storm Sewer Trunk R1 $0.11/ sf 762,300 s $83,853 Storm Sewer Trunk R2-4 $0.142/ sf 2,482,920 sP $352,575 Agreement - $76,405 (2008 Fee Schedule) - $23,865 levied assessment (2) Per Agreement - $186,850 (2008 Fee Schedule) - $4,459 levied assessment (3) Per Agreement - $93,110(2008 Fee Schedule) - $9,485 levied assessment tai 32.5 acres - 15 acres conservation easement (estimated) = 17.5 acres = 762,300 sf 72 acres - 15 acres conservation easement (estimated) = 57 acres = 2,482,920 sf Parks and Trails 60. The development shall provide connections to the existing off-site Eagan €rail system and access points at the perimeter of the development to primary off-site amenities. Connections points include the east and west end of Eagan City Cor€ncil Meeting Minutes June 3, 2008 Page 8 Duckwood and Wescott Hills Drive to Yankee Doodle. Off-site amenities include Mueller Farm Park, O'Leary Park and Woodland Elementary School. 61. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 62. Trail dedication shall be satisfied through a combination of on-site trails, exclusive of sidewalks, and/or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 63. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non-native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 54. This development shall install "tot-lots" that include play structures in those areas with high concentrations of multi-family units. Such tot lots shall be maintained by the Homeowner's Association. 55. This development shall provide useable turf space in those areas with high concentrations of multi-family units, sufficient to allow for informal outdoor play. Such areas shall be maintained by the Homeowner's Association PLANNED DEVELOPMENT AMENDMENT - BUFFALO WILD WINGS City Administrator Hedges introduced this item regarding a Planned Development Amendment for exterior modifications to the building at 1280 Promenade Place. The site will be the future home of Buffalo Wild Wings. City Planner Ridley gave a staff report. Matt Brokl, Buffalo Wild Wings, commented on the company's excitement about entering the Eagan market, provided background information on the company and stated the Grand Opening would be later this month. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment for exterior modifications to the building at 1284 Promenade Place, legally described as Lot 5, Block 2, Eagan Promenade, in the SE'/ of Section 10,subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement. • Building Elevations ■ Signage Plan 2, Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units maybe require if necessary to achieve compliance. - . PLANNED DEVELOPMENT AMENDMENT -EL PARIAH City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117. The site will be the future home of El Parian Mexican Restaurant. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117 (Cliff Lake Shopping Centre), legally described as Lot 2, Block 1, Cliff Lake Centre 3rd Addition, subject to the following conditions: Aye: 5 Nay:0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. ON-SALE LIQUOR AND SUNDAY LICENSE FOR EL PARIAH MEXICAN RESTAURANT, INC. USA EL PARIAN MEXICAN RESTAURANT LOCATED AT 1960 CLIFF LADE ROA1), #117 City Administrator Hedges noted that this item is in conjunction with the previously approved Planned Development Amendment for El Parian Mexican Restaurant. 4I Advisory Ph-11113ing ('01-mmssion flay 27. 2008 .Pge 2 of 14 A. Carriage Hills Applicant Name: Wensmann Realty Inc. Location: 3535 Wescott Woodlands; E'/2 of NW 1/d and NE 1/4 of SW 1/ of Section 14 Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment for 120 acres from Park to Special Area. File Number: 14-CG-03-04-08 Application: Rezoning A Rezoning of 120 acres from Parr to Planned Development. File Number: 14-RZ-01-04-08 Application: Preliminary Planned Development A Preliminary Planned Development of 120 acres. File Number: 14-PD-01-04-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 22, 2008. She noted the background and history. Terry Wensmann, Wensmann Homes, displayed a site plan and discussed the details of the plan. He discussed the buffer between the existing development and the proposed development along with the conservation easement. He stated the site plan is conceptual and may be amended, depending on market needs. He discussed traffic, schools, and water and sanitary sewer. Member Chavez inquired about the proposed private roads. He asked what percentage of the new roads shown on the concept drawing will be private. Mr. Wensmann indicated the proposed private roadways on the map. Member Filipi inquired about the justification on the request for the deviation on the setbacks. Mr. Wensmann discussed the different setbacks within the development and stated the goal is to protect the wetlands and trees and increase perimeter buffer by a reduction in setbacks in certain areas for units that will have side-loaded garages. Chair Hansen opened the public hearing. Michelle Harrington, 3572 Blue Jay Way, stated disagreement with the number of proposed homes that are multi-family homes in an area that is already high-density. She stated concern with the real estate values, traffic, wetlands and density. She also mentioned she had difficulty seeing the nine-hole golf course and inquired about the agreement with Wensmann Homes as it relates to the contingent settlement. Mike Haugen, 946 Wild Rose Court, indicated that a majority of the units will be on the northern 113 of the site and raised concerns for traffic on Wescott Woodlands. Robert Acton, 3491 Wolfberry Court, stated concern for access to the development and traffic at the Wescott Woodlands and Yankee Doodle Road intersection. He stated concern for the additional new homes proposed while the foreclosure rate is so high. He stated his preference that the property be turned into a public golf course. LO LQ_ Advisory Planning Commissk-m k1av 27. 2005 Page 3 of 14 Tony Vinge, 3544 Wescott Woodlands, suggested that the City purchase the property and use it to produce renewable energy (wind or solar) and/or as a dog park. Kevra Andreason, 3545 Blue Jay Way, stated opposition to the development. She stated she is not prepared to deal with the construction or the noise and other effects of such activity on her property for the next several years. She stated the market does not call for new housing and expressed concern for increased traffic on Duckwood Drive. She requested additional landscaping to protect her views if the development does move forward. Joy Thompson, 3703 Greensboro Drive, expressed concern for the effects on her property and stated she was expecting to see executive level homes, was surprised to see the concept plan showing a street beyond her back yard, not another yard. She also wanted assurance that a street connection would not be made to Hunter Lane. She expressed her preference for the property to be a park. Carol Hesse, 3536 Wescott Woodlands, stated concern for traffic. She suggested a gated community design with its own road in and out to relieve the traffic on Wescott Woodlands. Neil Charpentier, 3506 Thorwood Court, suggested that the developer construct a separate road to connect to Yankee Doodle instead of relying on Wescott Woodlands. Sue Rybak, 3707 Greensboro Drive, inquired about other options considered for the property. She stated concern for the number of vacant homes currently in the City. She suggested that other options be considered or the property be used as parkland or a golf course. Sheila Jones, 3575 Blue Jay Way, explained that the property was designated for recreational use when she purchased her property. She stated preference that the property remains green space and stated the proposed development will take away from the beauty of Eagan. She stated concern for the density of the proposed development and suggested the property could be used for a community garden or to produce renewable energy. Belinda Davis, 1063 Duckwood Drive, stated she would like to see the property used as a golf course or left as green space. She stated the City of Eagan would be better served by not developing the property. Molly Ryan, 3493 Wolfberry Court, stated it would be beneficial for the City to educate the community on the options for the property if the City is going to allow a vote by bond referendum and indicated residents cannot make an informed vote without knowing the alternatives. She stated concern for the traffic on Wescott Woodlands. Jerry Thompson, 4124 Oakbrooke Trail, stated his admiration for Wensmann Homes and that he looks at this as a positive development for Eagan and that he fully supports the proposal. Millie Gignac, 3425 Golfview Drive, stated she would like to know the tax impact of the development of her property and stated the residents should be made aware of options for the property. 47 Advisorv f?himing C ornmissiott There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer John Gorder discussed a future traffic study that will address the traffic concerns. He also mentioned that the 2007 Yankee Doodle Corridor Study identifies the Wescott Woodlands intersection for full access with future signalization when traffic warrants, and stated that Dakota County will also weigh in on County Road impacts at the time of subdivision. He stated the concept plan does not currently show a connection to Hunter Lane and one is not intended but that it could be a point of discussion in the future. City Attorney Bob Bauer explained that alternative potential uses of the property have not yet been determined if the City should acquire the property, but are currently being investigated. City Planner Ridley stated there will be an opportunity for the public to inform themselves on the possible uses of the property if the bond referendum is passed. Mr. Bauer discussed the settlement agreement and bond referendum process. He stated the process is a dual track process and the developer was required to submit their plans at this meeting and for the City Council in June. The City is required to determine if it will purchase the property through a bond referendum. He explained that impact on real estate values is not an issue of consideration for the Advisory Planning Commission. There was discussion on the Special Area designation for the property. Mr. Bauer stated the Special Area plan will be presented to the City Council. There was discussion on setbacks as related to Condition numbers 12 and 13, and the request for a reduction of front yard setbacks. Member Chavez stated the details on the Special Area plan are needed to act on the proposal. Chair Hansen explained that the APC review is a very high level (macro) review in order to expedite the process. Member Filipi stated concern with the process for the updating the Comprehensive Guide Plan and the forethought that went into it. He stated there should be more planning and consideration for this proposed Comprehensive Plan Amendment. Member Keeley stated she also finds the Special Area designation hard to review given the lack of specific and detailed information. Member Heaney stated the process seems rushed but that he understands the need for this particular process in the context of the contingent settlement agreement. Chair Hansen stated that he understands the members' concerns but that this is an unusual circumstance intended to settle a lawsuit, so they will not have the usual level of detail for their review at this time. Ad visoFy Phu kning Comm iss ion llagc; ) of 94 Member Zoberi moved, Member Heaney seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from P, Parks and Recreational Open Space, to SA, Special Area, upon approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14. Member Keeley stated the plan is an improvement to the previous plan; however, the Advisory Planning Commission should have been given a chance to provid more input regarding goals and policies for the Special Area. A vote was taken. Aye: Chair Hansen and Members Zoberi, Heaney, and Dugan. Nay: Members Keeley, Chavez, and Filipi. Motion carried: 4-3. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Rezoning from P, Park, to PD, Planned Development, for approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14 to be developed in substantial conformance with Exhibit 1. Member Dugan stated he shares the concerns expressed, however the City Council will give extensive consideration to the use of the property and ample opportunity to discuss options will be available if the bond referendum fails. Member Filipi stated he will support the rezonings because he believes Wensmann has made a good faith effort and he generally likes the proposed plan. A vote was taken. Aye: Chair Hansen and Members Zoberi, Heaney, Filipi and Dugan. Nay: Members Keeley and Chavez. Motion carried: 5-2. Member Zoberi moved, Member Heaney seconded a motion to recommend approval of a Preliminary Planned Development and Conceptual Site Plan consisting of a mixed residential development of up to 480 dwelling units comprised of a mix of single-family, twinhomes, townhomes, senior and mufti-family units for the approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14 subject to the following conditions: General 1. This Preliminary Planned Development is contingent upon Metropolitan Council approval of the Comprehensive Guide Plan Amendment 2. The property shall be subdivided and platted prior to final Planned Development approval. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans (Exhibit 2): ■ Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan ~q Advisory Planning Cornmi" Mav 2', 200S Rage 6 o 14 i ■ Signage Plan • Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 4. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan • Final Off Street Parking Plan • Open Space and Maintenance Plan ■ Utility Plans (water, sewer and storm) 5. An Environmental Assessment Worksheet shall be completed prior to Preliminary Subdivision or grading of the Property. 6. The developer shall submit Homeowner Association documents to the City Attorney for review and approval, prior to Final Subdivision approval, including transfer of all common area to the Homeowner Association. Airport Noise 7. Sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA shall be employed for buildings within the one-mile buffer area of the 60 dB contour. Lots 8. All lots shall have a minimum street frontage of 50 feet. 9. Single-family lots shall satisfy minimum R-1 zoning standards for lot dimensions and area. 10. Twinhome lots shall satisfy R-2 zoning standards for lot dimensions and area. 11. The detached townhomes shall provide lots that are a minimum of 60' in width with a minimum lot area of 6,000 sq. ft. per unit. Setbacks and Bulk Standards 12. Structure setbacks shall be consistent with those outlined in the City's zoning Ordinance for the corresponding type of housing as follows: Single-family (R-1 district), Twinhomes (R-2 District), Townhomes (R-3 District) and Senior and Multiple Family (R-4 District). Detached Townhomes shall be consistent with the following standards: Setback Detached Townhomes Front yard public street 30 feet 40 feet Duckwood ❑r. Front yard (private street - 25 feet (through street) from curb) 20 feet (dead-end street Side yard: Principal Structure 10 feet Side yard: Garage/Accessory 5 feet Structure Rear yard: Principal Structure 15 feet Rear yard: Accessory 5 feet Structure 13. Minimum structure setbacks from Duckwood Drive shall be 40 feet. -70 Advisory Maiming Cominission Nrlay 2', NOS Page 7 of 14 14. Building coverage shall not exceed 20% for each single-family or twinhome lot, and 25% for each of the detached townhome units. 15. Building coverage for the townhomes and multiple family buildings shall not exceed 20%. 16. Building heights shall not exceed 35 feet. Multiple family structures may exceed 35 feet if the required additional setbacks are provided in accordance with the R-4 zoning district standards (an additional 3' for each V of building height over 35'). Parking 17. The Final Planned Development shall provide for off-street parking in amounts that are consistent with the City's zoning ordinance. Additional off-street visitor parking shall be provided in the multiple family and townhome portions of the development. 18. Parking lot and pavement setbacks shall be a minimum of 20 feet from a public right-of-way to provide sufficient room for berming, screening, buffering and snow storage. Architectural Controls 19. Building elevation plans shall be provided with the Final Planned Development for each phase of the development. Such plans shall include specific architectural controls (i.e. design elements, building materials, etc.) that are consistent with the City's zoning ordinance, where applicable. Other Standards 20. This development shall comply with the provisions outlined in Section 11.70, Subdivision 21 of the City Code pertaining to site lighting, trash storage, walkways, interior storage space, etc. Detailed plans identified in Condition 4 demonstrating compliance shall be provided at the time of Final Planned Development. Landscaping 21. A detailed Landscape Plan, consistent with the design standards and specifications in the City's landscape ordinance (Section 11.70, Subdivision 12) shall be provided with the Preliminary Subdivision and Final Planned Development. 22. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. 23. Berming and landscaping shall be provided along Yankee Doodle Road to provide a buffer between the multiple family buildings and this principal arterial. Grading 24. Prior to final subdivision approval, detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes. 25. Prior to any grading of the Property, erosion control measures shall be installed and maintained in- accordance with City code, City engineering standards, and MN Pollution Control permit regulations. 26. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 27. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Water Drainage 28. Storm water management systems for this development shall be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. Wetlands 29. In accordance with Eagan City Code §11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on -the site delineated by a Certified Wetland Delineator Advisory 111alillim-, Commission IMay 27. 2008 Page 8 of lid i utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Preliminary Subdivision. 30. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval. 31. Any proposals to impact any of the wetlands on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code §11.67 Subd. 5., Wetland Sequencing and Replacement Requirements and Eagan City Code §11.67 Subd. 11., Wetland Submittal Requirements. 32. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code §11.67 Subd. 6. 33. All of the Wetland Buffers on the site shall satisfy Wetland Buffer Vegetative Requirements in accordance with Eagan City Code §11.67 Subd. 7. 34. All of the Wetland Buffers on the site shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 35. All of the Wetland Buffers on the site shall have markers in accordance with Eagan City Code §11.67 Subd. 9. 36. The development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. 37. This development may be subject to cash dedications in lieu of the above wetland requirements, at the City's discretion. Water Quality 38. There shall be no-net increase, compared to existing conditions, in the amount of Total Phosphorus JP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 39. The first one-half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. 40. This development may be subject to cash dedications in lieu of the above water quality requirements, at the City's discretion. Tree Preservation 41. 1n accordance with the City's Tree Preservation Ordinance, Eagan City Code Section 11, 10, Subd. 15.1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that, a. identifies all significant vegetation located on the application site, b. delineates limits of land disturbance and tallies significant vegetation proposed to removed, c, provides for any required tree mitigation, and d. indicates measures to protect significant vegetation intended to be preserved. 42. In order to utilize a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 43. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 44. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Lime or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 45. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Advisory Phminag Commission -M av 27, 7. os Page 9.af Iii Streets/ Access/ Circulation 46. This development shall be required to obtain a County access permit at time of final subdivision. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road, except in the area of a possible right-in/ right-out access location. 47. All streets within the development, public or private, if any, shall be constructed in accordance with City code, with vehicle turnarounds to City and fire code requirements. 48. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 49. All trails and sidewalks within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right-of-way dedication. 50. Direct driveway access to Duckwood Drive shall be prohibited. Sanitary_Sewer 51. A sanitary sewer system to serve the development shall be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. 52. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations shall be installed at the developer's expense. 53. This development should be responsible for the removal of all septic systems and wells, in accordance with City and County requirements. Water Main 54. Lateral water mains to serve the development for fire and domestic uses shall be constructed in accordance with the City Water Supply & Distribution Plan, and City engineering standards. Easement/Perm its/Rig hts-of-/Nay 55. This development shall. dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 56. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 57. If any improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approval.57. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 58. The development shall dedicate conservation easements to the City, in a form acceptable to the City Attorney, over those portions of the site. that comprise the 30 acres of open space. These areas shall be shown and identified as Conservation Easement Area on the Final Site Plan prior to Final Planned Development approval. Financial Obligation 59. This development shall accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Improvement Use Rate Quantrt Amount Sanity Sewer Lateral R1-4 $29.501 f.f. 2,590 f.f. $52,540' Water Lateral R1-4 $29.80/ f.f. 2,390 f.f. $71,222 Water Lateral R24 $37.521 f.f. 4,980 U. $182,391 Storm Sewer Lateral R1-4 $35.951 f.f. 2,590 U. $83,625 Storm Sewer Trunk R1 $0.111 sf 762,300 sf $83,853 Storm Sewer Trunk R24 -.$0.1421 sf 2,482,920 s $352,575 3 Advisory 1° aiming Commission May 27. 2005 lingQ 10 of 14 Total $826,206 (1y Per Agreement - $76,435 (2008 Fee Schedule) - $23,865 levied assessment [2) Per Agreement - $186,850 (2008 Fee Schedule) - $4,459 levied assessment (3) Per Agreement - $93,110(2008 Fee Schedule) - $9,485 levied assessment (4) 32.5 acres - 15 acres conservation easement (estimated) = 17.5 acres = 752,300 sf (5) 72 acres - 15 acres conservation. easement (estimated) = 57 acres = 2,482,920 sf Parks and Trails 60. The development shall provide connections to the existing off-site Eagan trail system and access points at the perimeter of the development to primary off-site amenities. Connections points include the east and west end of Duckwood and Wescott Hills Drive to Yankee Doodle. Off-site amenities include Mueller Farm Park, O'Leary Park and Woodland Elementary School. 61. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 62. Trail dedication shall be satisfied through a combination of on-site trails, exclusive of sidewalks, and/or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 61 This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non-native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 64. This development shall install "tot-lots" that include play structures in those areas with high concentrations of multi-family units. Such tot lots shall be maintained by the Homeowner's Association. 65. This development shall provide useable turf space in those areas with high concentrations of multi-family units, sufficient to allow for informal outdoor play. Such areas shall be maintained by the Homeowner's Association A vote was taken. Aye: Chair Hansen and Members Zoberi, Heaney, Filipi and Dugan. Nay: Members Keeley and Chavez. Motion carried: 5-2. Agenda Information Memo October 7, 2008 Eagan City Council Z. FINAL SUBDIVISION {DIFFLEY MARKETPLACE 2ND ADDITION) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Diffley Marketplace 2 " Addition) to create five commercial lots upon 10.94 acres located at southeast of Lexington Ave, and Diffley Rd. in the NW 1/d of Section 2€i. REQUIRED VOTE FOR APPROVAL: Majority of Council membcrs present. FACTS: The Prelilninaiy Subdivision was approved January 3, 2008. ➢ All documents and Agreements for the Final Subdivision are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMENTS (2)- Location Map, Page Final Plat, page Eagan Boundary Right-of-way i Parcel Area Location Map Park Area Q Building Footprint 17 d~ o i1t~ Q 4 w d p q U_ p 4= - m t3 a - - :~r. q b ~ _ ~ $ Yyfhvuw ~w~K rgtq _ 3.- x 3 I _ 4 - - - s, - '3 H" s~72 ~::~,s•'~~:~~ ~~~`g:'rm ~ = s_:~=irk-~- ~ , ~ - yam. _ Y.``;t ~ ~st•==ti~~~ ~`"8~~ '3: ~ .ac ~ ^ 1 ❑ 4 ~ 4 ~ 4 - _ t _ : to d Q a - - ~f % D ff z F7 _iw~-'?a' -f ..-r yrr ° ' p CS 0 p 4 o~ ~.~-3~-~_~i~-ass? p ~ - - - - - - c•~ ° tl o • 5~ 0 ~ 17 ~yr;1~N: =yam` ~ ~ d O Q ~ A ~ Subject Site 00 ZI) r 7%=~+~~~ `~r,-era. ~j ~ ~ - b ~0w d ❑ u ~ n G is ~r • i ~ - _ _ - - f3 ~l q '0~£s:5 Q dN ~ - f ~xti~-2~Fsj~' •-y b Q.7 SCE F _ . 1000 v 1000 M0 Feel DevelopmentlDeveloper. Diffley Marketplace Second Addn. Application; Preliminary Subdivision Case No., 26-P5713-11-87 -7 wE [~]~y of wan THIS MAP IS EN7ENel:b FOR fiEFERENCI: USE ONLY 171 The CEty of Eagan aad Dakota County do not guarantee the accuracy of this information and are S Cgminunity Aevvlapmon! aopartment not responsible for errors or amiss€ons. $ = W, S~YB ygp°~Y.~€5¢g ~ F ~ g~~5/4.-`"Y-' v ~b~ 5 _ l ~ ~ CV i= ~.._,•__~r ~w e -c~";~~L[~~1f •4 'u ~_e-imsnsii wm,mr 'FJi ~ •'n ~ f iEd.9R - I _.~-•••W`°•l- 9„f,S,GPA9N r I -~i~1C~S I ~ L • - a n"a ~ o°f ~ ~'--~'1----- _ ~ _~_~-~~z ~ ~ ~,m~--~-- 1tl W a, 7 FIE h! u = I eo~ V 2 Ill x , 14 ! ~ ' Fd i„ a ~ W p p q a P All 3 I ; ----~=psi------w~ ! K j n mom- >n ~i,{ .ro°a~a 'soro9iu"a 3 ~ xd a mam,wr M~ ep~z~ ~ ; Asa ~ ~ m ~ • roirym } r Sq j orb 4 lit , g 3 JJ a P x ~ 8 e d a d g r a z lit 111K lit a ; ! s °s a1 qa Ik HA f 1:~ to a m8, Agenda Information Memo October 7, 2008 Eagan City Council AA, RELEASE OF DEVELOPMENT CONRACT (D G WELDING) ACTION TO BE CONSIDERED: To approve a rclcase of the Development Contract for the D G Welding subdivision, located upon approx. acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE'/, of Section 8. REQUIRED VO'L'E FOR APPROVAL: Majority of Council members present. FACTS: The Final Subdivision was approved May 20, 2008. ➢ The letter from the Developer's attorney requesting the rcl case is attached. ➢ Chapter 12 of the development contract provides for release, with the exception of provisions in Chapter 7 (parks, trails, water duality and tree preservation). Staff finds that all other obligations under the contract have been satisfied and the request for release is in order for City Council approval. ATTACHMENTS (1): Letter from Developer's attorney, page III fill June 19, 2008 (Writer's Direct Thal 763-502-7124) (E-mail atbehrendt zlhlaw.com) BY EMAIL & U.S. MAIL Robert B. Bauer (bauerr(a seversonsheldon.com) STEVEN H. BERNDT* Severson, Sheldon, Dougherty & Molenda, P.A. THOMAS M. ZAPPIA* 7300 West 147`x' Street JOEL T. LEVAHN Suite 600 SUSAN BREID** Apple Valley, MN 55124 ANNE T. BEHRENDT* RE: D.G. Welding First Addition Development Contract Our File No. 23738.006 OF COUNSEL Dear Mr. Bauer: CLARK M. IVERSON I am writing to follow-up with you regarding our request for a Release from the City of Eagan of the above-referenced Development. Contract. As I indicated in our last telephone conversation, D.G. Enterprises, Inc. has complied with all elements of the Development Contract, all trail dedication fees have been paid to PARALEGALS the City and D.G. Enterprises, Inc. has now purchased the subject property. The MARY AKIN CHRISTIANS property is currently undeveloped land. If my client plans to develop the LAURA INGEBRIGTSEN property in the future, he would clearly need to work with the City and obtain a MEGAN E. MOEN new Development Contract for any fixture development of the property. TRACY PUCHTEL Although the Development Contract was not recorded, the title company insuring the property has listed the Development Contract as an exception to coverage in its Title Insurance Commitment. In order to have this exception removed, we need to obtain a Release from the City of the Development Contract. If you have any questions or need additional information, please let me know. Otherwise, please contact me at your earliest convenience to let me know whether the City will agree to sign a Release. We are trying to get this issue resolved prior to the issuance of a final Title Policy by the title insurance 941 HILLWIND RD NE company. SUITE 301 Thank you. MINNEAPOLIS, MN 55432 Very truly yours, TEL: 763-571-7721 FAx: 763-571-7734 ZAP'IA LeVAHIN, LTD Anne T. Behrendt ATB/l1i WSBA BOARD CERTIFIED cc: Michael Dolney (via email) SEAL PROPERTY SPECIALIST Sharon Ruane (via email) "ADMITTEi7 IN WISCONSIN Agenda Information Memo October 7, 2008 Eagan City Council Meeting CONSENT AGENDA: BB. Acceptance of 5 Automated External Defibrillator's (AED's) ACTION TO BE CONSIDERED: Accept 5 Automated External Defibrillator's (AED's) from the Mdewakanton Emergency Services AED LIFE Program. This is a value of approximately $8000. FACTS: The Mdewakanton Emergency Services Department administers the Mdewakanton LIFE Program which donates defibrillators to organizations including law enforcement programs, charitable groups, and schools. • Their program has donated over 450 defibrillators since 2004, • The City of Eagan Safety Committee applied for a donation of defibrillators through the program in the fall of 2006. • City staff was recently notified that we would be receiving 5 AED's at a value of $1600 each. + These 5 AED's will augment our current AED program by replacing current models throughout city facilities. • The Safety Committee will coordinate the proper distribution, installation and training of the AED's. • Chief McDonald will send a letter thanking the department for the donation. Attachments: No attachments. r Agenda Information Memo October 7, 2008 City Council Meeting ACCEPT RESIGNATION OF BRET WALSH FROM THE EAGAN AIRPORT RELATIONS COMMISSION ACTION TO BE CONSIDERED: To accept the resignation of Bret Walsh Irony the Eagan Airport Relations Commission (ARC). FACTS: • Bret Walsh has submitted his letter of resignation from the ARC due to a professional change that will no longer allow him to serve on the Commission, • Mr. Walsh has served on the ARC since May of 2006, • He expressed his thanks to the City for the opportunity to serve, and noted how much he enjoyed his time on the ARC. • Mr. Walsh's term was scheduled to be completed in April of 2009, therefore, the term will be refilled at that time pending the application/interview process. • A letter of thanks will be sent to Mr. Walsh for his service on the ARC. ATTACHMENTS: • Enclosers on.page&is a letter of resignation from Bret Walsh. Ef BRET WALSif 4592 Cliff Ridge Ct Eagan, MN 55123 651-311-7220 October 2, 2008 L'.ag)aii City Council Attn: ❑iatine Millet', Assistant to the City Administrator 3 8 3 0 Pilot Knob Road Eagan, MN 55177 Dear Mayor Maguire, Council Members, and ARC Comi-nissioners: Thank you for the opportunity to serve on the Eagan Airport Relations Commission. I have on'joyed serving the residents of Eagan in this capacity. Due to a professional ellatage, I wilt no longer be able to serve as an ARC Commissioner. Therefore, 1 respectfully submit my resignation to you, effective October 2, 2048. Sincerely, Bret Walsh L..a Agenda Information Memo October 7, 2008 Eagan City Council Meeting PUBLIC HEARINGS A. D I FFLEY MARKETPLACE RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation public right-of-way casement within the Diffley Marketplace plat. FACTS: • On August 22, 2408, City staff received a petition requesting the vacation of public right-of-way easement within the Diffley Marketplace plat, located south of Diffley Road between Daniel Drive and Lexington Avenue. • The right-of-way easement, located in the northeast corner of the Diffley Marketplace plat and adjacent to Daniel Drive, was dedicated with the previous development (Lexington Pointe Second Add.) by separate document (Dalcota County Document No. 847679) for potential roadway purposes. • The casement is excessive (3,724 sq. ft) as compared to what is actually needed for the existing sidewalk (74 sq. R) and it is not needed for current or future roadway purposes. The applicant would like to remove this easement prior to future subdivision of the Diffley Marketplace (anticipated for Council consideration in October, 2408). As a condition of the vacation, the developer leas dedicated a new easement to more accurately incorporate the existing sidewalk location. • Notices were published in the legal paper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No comments or objections to the proposed vacation were received. • The request for casement vacation has been reviewed by the Engineering Division and found to be in order for favorable consideration by the Council. ATTACHMENTS: • Location Map, page• • Easement Vacation Exhibit, page UJ 20^ LJV $ ONE OAK ROAD LONE OAK ROAD u.i tRi rNk HWY 55 o F a ~ 0 n 4J o ~ O ❑icax Pavx -a YANKEE DOODLE ROA ° •s WESCOTT ROAD U W Z 1AY PH M SL O Proposed Vacation mA~ DIFFLEY ROAD c~i oR ~ IL ❑ CEC. Pt73~7E u3 LL F " _d1 z i7 City of EaQan Diffley Marketplace 08125/2008 Map i;rsgir~ee~ing Department Vacation-Location W n r r~ , r- r- , r- r♦ h r. i 40 o n~Y N89°52'25 W 0.92 - S89°5.2'.25 "E 1381.81 3 f ~ rT~i f r -f- n 7 I n Q ,I r . L J - r ~ J F ` f~ `~f ~ Cp rY~ i A=3°07'00' 8-335.00 a ti 5 E 1 E• n' 18.22 a [ i ¢ o NOT TANGENT ' z k3z~ v { s Q ,ik f~ r ~ j 3 I~ i11 i~-Z 1 ~v r~ E~~C13 {r` v T°0 ' %0 -,1 3$.68 G7 N89 52'25"W tQ 1 I LEGAL DESCRIPTION OF EASEMENT TO BE VACATED AN EASEMENT F-02 RIGHT OF WAY PURPOSES OVER, UNDER, AND ACROSS OUTLOT A, LEXINGTON POINTE 5ECOND ADDITION, ACCORDING TO THE RECORDED PEAT THEREOF, DAKOTA COUNTY, MINNESOTA. SA€D EASEMENT 15 DESCRIBED AS FOLLOWS: THE NORTH 200 FEET OF SAID OUTLOT A AS NEASURED AT RIGHT ANGLES TO A PARALLEL WITH THe NORTH LINE OP SAID OUTLOT A. SAID EA5Ef 1ENT WAS RECORDED JULY 14. 1°88, AS DOCUMENT NO. 84767q WITH THE DAKOTA COUNTY [RECORDER'S OFFICE, DAKOTA COUNTY, MINNESOTA. s r F 0 R M From site to Finish ■ DIFFLEY MARKETPLACE © 40 EAGAN, MN NORTH I . Easement Vacation PAGE No. 1 of 1 Sheets U' i s i t Agenda Information Memo October 7, 2008, Eagan City Council Meeting B. VARIANCE - BRYAN & CAROL BOCHLER (781 SUNSET DRIVE} ACTION TO BE CONSIDERED: To approve (or direct preparation of findings for denial) a Variance of 3.5 feet to the required 10-foot side yard setback to construct an addition at 781 Sunset Drive, legally described as Lot 8, Block 2, Sunset Fourth Addition, in the NW y4 of Section 25, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: The property contains an existing single-family home with an attached two-stall garage which was constructed in 1986. The minimum required side yard structure setback is 10 feet. The applicant proposes to construct a 12,5'x 24' main floor addition to the home to create an accessible bedroom and bathroom for their 11 year old daughter, who uses a wheelchair. The proposed addition will be set back 6.5 feet from the side lot line at its closest point in the rear corner; the setback at the font corner will be 8,5 feet. Lot coverage requirements are satisfied and the proposed addition will be architecturally compatible with the existing home. ➢ The applicant's stated hardship is the lot lines are angled relative to the placement of the house on the lot, such that the rear corner of the home is closer to the east side lot line than the front corner. The existing placement of the home would allow a 9-foot addition; however, the applicant states 12.5 feet is needed to achieve an accessible interior space. Constructing the addition to the rear of the borne is undesirable due to its negative effects on both the indoor and outdoor living spaces. The requested variance appears to be the minimum necessary to alleviate the hardship and the proposed addition will not encroach into any easement areas. ISSUES: Nome 60 DAY AGENCY ACTION DEADLINE: November 16, 2008 ATTACHMENTS ( Location Map, page 9. Planning Report on pages through Eagan Boundary - Right-o€-way Map Parcel Area Location Palk Area r ' Bullding Footprint 0 :Z3 • i a s ~ 3 ~ 3 • 13 L a ~ p rr _ c? ~ i L R i 13 ~ D t3 o- t ~ to ; ~ ~ ~ ' ~ , fl „,eak „ is y o' j I-~ r: ~p 6 ~ a rJ~ ti Q p _ ~ F• s9~ r' 1 4 ~ ~G7 n A. U 6 r, C ~ ' ~I R ` t Subje C I D -~YF ~~~;S;Q;H^n0.-39'{p1FFLEY-111 BAV] 3 ~ { a r ~ $ c~ 3 [ „=rte 'v p - r' 31, .t 00 _ :r x oe 7 = _ r 15- 53 q d d s7 P n . ~ ~ s' : i3 ~ ~ r ' _ - aq, - iii{;Y• .sue -,~9 c~ u ca ~.:~'`~'t< + F r 111 O i3 ~ I ~ C3 ` a,•+ £y x~ ff fl~3~ pE7[S - _ _ I 19. _ ~ 7 rn a C7 = a 1 at racy, E~ ~ y r i - - .ii Ayer" A ~ x r : Ii, Cy b ~ L7 r ro ~~.t Der =Gi ~ o ~•r ~a~ ; d cY_ _ c. ray q r- _ 87 - - ~ __-I''i~ - - Ir ~ •4 ~ f d3 ~5]Ow "z ~ r~ F? ~t~c r~ ~sY ffJr T", ~ 3 r p a.~ ~ ~ O g r, c = 10170 4 10D0 2000 Feet Development/Developer: Bryan and Carol Bochler Application: Variance Came No.: 25-VA-19-09-08 . ~-7 N THIS NEAP IS fNTENRl;l7 FOR REFERPfJCE USE ❑NLY City ~ o 8~ E J The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are $ .........,..r~.. n.,.a....,..a,.r o~~art~~t not responsible for errors or orrlsslons. s PLANNING REPORT CITY OF EAGAN REPORT DATE: October 2, 2008 CASE: 25-VA-19--09.08 APPLICANT: Bryan and Carol Bochler HEARING DATE: October 7, 2008 PROPERTY OWNER: Bryan & Carol Bochler APPLICATION DATE: Sept. 17, 2008 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 781 Sunset Drive COMPREHENSIVE PLAN:- LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a 3.5' Variance to the required 10' side yard setback from for property located at 781 Sunset Drive, legally described as Lot 8, Block 2, Sunset Fourth Addition, in the'NWI4 of Section 25. AUTHORITY FOR REVIEW City Code Chapter 11, Section 1.1.50, Subdivision 3, B,, 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c, That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report - Bryan & Carol Sochler (781 Sunset Dr.) October 7, 2008 Page 2 c. The variance requested is the miniiriuin 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 Section 11. 6, Subdivision 5 of the City Code requires a 14-foot side yard setback for singlc- family residential properties. BACKGROUND/111STORY The property was platted in 1984 and the existing home r ~ was constructed in 1986. EXISTING CONDITIONS 14 The lot is 12,005 sq. ft. in area and contains an existing single-family home with a two-stall attached garage. A" - The subject site is an interior lot, located mid--block on Sunset Drive, At its closest point in the rear corner, the n t ~a ~S J f } I .~x s. Y existing structure is set back 19' from the east side lot 1 fi ' line. The front corner is set back 21'. EVALUATION OF REQUEST g Proposal - The applicant is requesting a Variance of ? 3.5' to allow for the construction of a 300 sq, ft. (12.5' x °i 24') addition to the home. The Zoning Ordinance r- t requires a 10 side yard setback for the living space of a house. The proposed building setback is 6.5' in the rear corner, and 8.5' in the front corner. The purpose of the y ~ F addition is to create a main floor accessible bedroom j and bathroom for the Applicants 11--year old daughter, -<c yM who uses a wheelchair. The Applicants narrative explains in greater detail their need for this accessible space on the main floor of their home. The proposal appears to satisfy other Zoning Ordinance requirements, according to the plans submitted. With the proposed addition, the total building coverage (including an existing shed) will be 1,768 sq. ft., or 14.7% of the lot area. The addition will be one-story with a basement; the basement will remain unfinished at this time. Planning Report - Bryan & Carol Bochler (781 Sunset Dr.) October 7, 2048 Page 3 Alternatives - A compliant alternative might be to locate the. addition to the rear of the home. However, the usable rear yard area is limited due to topography. In addition, the floor plan of the existing house makes a rear addition undesirable to the Applicant. Variance Criteria - The Zoning Ordinance states that relief may, be granted from a required ordinance provision provided there y fps t are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions (i.e., topography, unique lot configuration, vegetation, etc.) that apply to the parcel in question. The lot configuration and the existing home's placement on the lot are the special conditions creating this request. The side lot lines are slightly angled relative to the house, creating a closer setback at the rear cornet- than the front corner of the building. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and provide open space. Since the request is to reduce the setback to less than the 10' minimum, it appears to be contrary to the intent of the ordinance. The proposed variance, however, would not result in an encroachment into any easement areas. A demonstrable difficulty is required to grant relief from the minimum required setbacks, and the variance must be the minimum necessary to alleviate the hardship. A 12.5' addition is needed to create an interior room that is accessible, while the existing structure setbacks permit only a 9' addition. In addition, the proposed addition will be architecturally compatible with the existing home. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's estimated hardship is the angled lot lines and placement of the house on the lot. The angle of the lot lines relative to the house create a smaller setback at the rear corner of the house than at the front corner. The placement of the house on the lot leaves room for a 9' addition to the house, but that is not large enough to make an accessible interior space. The 3.5' variance is the minimum necessary to alleviate the hardship and allow the interior room addition to be accessible. The Applicant's narrative and submitted plans show that the addition will be designed to be architecturally compatible with the existing home. The location of the proposed addition on the side of the existing home is due to the floor plan of the existing house. In addition, a rear addition would negatively impact existing living space and the rear yard area by blocking windows to the family room and kitchen, and displacing an Planning Report - Bryan & Carol Bochlcr (781 Sunset Dr.) October 7, 2048 Page 4 existing deck and patio and reduce the size of the useable rear yard area. In addition, the Applicant desires to create privacy for the new bedroom and bath space and the side location better separates it from the main living areas of the house. SUMMARYICONCLUSION The applicant is requesting a setback Variance for the construction of a main floor addition. A single family dwelling with a two-stall garage is present on the site. The applicant's estimate of hardship is the angled lot lines and the placement of the existing house on the lot. A compliant alternative, such as construction of the addition to the rear of the home is not desirable because of the existing floor plan and negative impacts to the indoor and outdoor living spaces. The proposed variance appears to be the minimum necessary to achieve the accessible interior space, and the variance would not result in an encroachment into any easement areas. ACTION TO BE CONSIDERED To approve a 3.5' Variance to the required 10' side yard setback for property located at 781 Sunset Drive, legally described as Lot 8, Block 1, Sunset Fourth Addition, in the NW f/A of Section 25. If approved, the following conditions should apply; 1. If within one year after approval, the variance shall not have been completed or util I zed, 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 applicant shall obtain a building permit prior to beginning construction.. 1 The proposed addition shall be constructed using materials to match the principal structure. 4. The proposed garage addition shall match the roof pitch and style of the existing house. r Eagan Boundary Right-of-way Locati on Map ~ parcel Area Park Area S Building Footprint , E 4 ri3 ci Cs t~ < L lM1 iFE I? 3 3l r .ra 4 Fi Y L ~ ~ ~ ❑ ~ ~ 0 ~ ~ ~ ~ ~ ~ F J'S~~ J~ 'Y~\ 1 fI $L~ 13 tS ah Q ? I? [3~_'t7 I iru c.'i 41 jr ❑ 5uhjec# Site Cl V l4SO4FFLfY-N AD}--.--. I . Q ^S - i U _ tt a~ = k , . - ~a ek . ❑ o . 1ff7~~ n ~1 LS ~ ~~f: r. r~ {•S U +`.°S Q ~ ; p - yp LS CS a ~ ~ ❑ ~ ueeex~-~ ~ i , 13 ~ 4 J r: ❑ ~ ~ r5 ' na r,.y G~ °w.eaa 1}, r. i,enenwm 'y - rill *1 i ~ r>s v vt ~ b~a ~ ~ Q ~F Yo r, L y ~ . Z. ~ - Q - o o P n G~. ' q_ 9 rSr f ~ FJ - U Ir 9 ~ f~ Is fl = r L~ v Ru F- fl 6 ~ S ky rt' ~ ~ r r m i c~ - ~ 1 ~ as ~4 L3 " ~a L _ ~ ~ S3 iii '3 ~ Fi] k . rl3 y. Y , k nnx ; i ED ~ Q ~ Sac & ~ ~ ° ~ ~ ~ ~ ~ °w° ~ ~ ° , ~ ' Vol 'D soon o 1m 200V Feet DevelopmentlDeveloper: Bryan and Carat Bochler Application. Variance Case No.; 25-VA-19-09-08 Y of Ea THIS TAP l 1€J7 IED FOR REFP-RVNCE USE ONLY 1V E 410' City ddd 666 The City of Eagan and Dakota County da not guarantee the accuracy of this Information and are SS Community Development 130vart"rkt not responsib€e Tor errors or emIss'sons. F ~iF 1' 4 i L~ 'f . ~~.~T.. . y ~ ~T - t►. T 1 ' P`~l'7! }r t ~a . Y- :ti....~~~•i' - 3 ~a~-4f~ _~i`~• `y~--~'1+ f t'+1, -f - i t.+:~':. ii~n~" 1 ' „ ~-S~W~_ ~~~V~= yy~~~ ~5 i l `_.t •r~.ti~~ ~ u"Y~~ M1 Y .~r.~ ~ i ftii.l f-- 1 '.S.Y n Y s- L- ;may' / LLL Z Ea _ `.,•'.i'~.,~:: 't.'' ~ Jov r . +y ~ T r 'L .,mot 4a,,, f Y - . • - I IZP - ~ rye 4- c ~1y .y - ~g +--•.-0tiF`. T - ~"~~L.~~ _ E s ;ice 3~` ~ . ~ ~r~, ~r fir' - y. •t~,. z*F}~1-- ~ i"'•;-~.YV[~ ~ Ys-F~ r it ~ x.R ` ~T •r.: 57 ~ ~T~~~~• r f _rn i7- LOT 13 N89°48'24"E 89.00 0 15 30 60 90 -=-------------I i i Scale in Feet _ m i } ° i ~i d I LOT 8 L4 K-) i 6.5' m rri i SETBACK i LOT 9 LOT 7 PROPOSED } ADDITION ! i 44' 12. ' i i { EXISTING N i w 4 HOUSE i ~4 L4 c;'o l 12.5' i 24 j---1 - i 2t'} k 20' i 2t' i 1 8, 0' i 4 SETBACK ! 4 i L-._....._.-----------------_J S89°48'24" W 86.010 SUNSET DRIVE LOS' LAYOUT PLAN F DINING ACCESSIBLE f-AMILY KITCHEN ROOM BATH g ROOM ym ^ 3; CLOSET a ACCESSIBLE LIVING BEDROOM ROOM EnlrRr GARAGE i FLOOR PLAN SOCHLER RESIDENCE DATE: Rehder & JssoL'2(ZteSz Inc. • • VARIANCE REQUEST SKETCH 9-17-08 Civil Engineers, Planners and Land Surveyors 8440 Yederal Drive, Suite 1 io • Eagan, Minnesota 55122 LOT 8, BLOCK 2 SHEET 1 fi5i-452-5051 • Fax: 651-4.52-3797 • email: info@rehder.com SUNSET FOURTH ADDITION cl q RECEIVED SEP 1 7 2906 V if r ~ 1st f: ,~.4- i~•• N N I ! F RV, : . 1 :s, - } ❑ f; D Din f 4 3 . it r•;:~ ~ 21.1 Y r _S • N -p _ _ ~ X0[1 :?€~ji j31•'~i]'3 ;fib' ~ ~ [~-_'-'~~i j°~! 27 N~ La s - n ;1 44, i~ ~ - ~4. -T-z 2~ah L• 4 l REQUEST FOR VARIANCE - BOCHLER (final) Page 1 NARRATIVE Our two-story, single family home was built in 1986 and we purchased it at the beginning of 1994. It is in a residential neighborhood and the surrounding homes are single-family residential as well. The existing Comprehensive Guide Plan is PD- Planned Residential Development. In 1998, we gave birth to three children, two boys and a girl (triplets). Our daughter, Anna, has Cerebral Palsy and is Developmentally Delayed. She is unable to walk so uses a wheelchair for mobility or crawls around our house. Now that Anna is 16 years old and 125 pounds, it is no longer safe and extremely difficult to use the stair lift to get her to the second story for sleeping and bathing. We desperately need an accessible bedroom and accessible bathroom on the main floor. This is due in park to her size/weight which puts a lot of strain on our backs. Her cognitive abilities, which are similar to a toddler, also contribute to the problem as Anna does not consistently help with the transfers and sometimes thrashes and throws herself back if she doesn't want to go where we are taking her. This makes the trip to the second floor unsafe. The only bathroom available to bathe Anna is on the second floor and because it is so difficult to get her there, we do not bathe her as often as we should. She has reached puberty early and is not potty trained so wears a diaper. Both of these factors necessitate that she be bathed more often. An accessible bathroom on the main floor would also give us a private place to change Anna's diaper. Currently, this is done in the family room. As the boys get older and have friends over more frequently, it is harder to find a place to change her where we won't be interrupted. We only have a very small half bath on the main floor to use for toilet training. A wheelchair does not ht inside the bathroom so getting her to the toilet requires a lot of lifting. Since it is a strenuous and difficult task, we don't set her on the toilet consistently and therefore have not been successful. Anna has frequent tantrums where she screams extremely loud, thrashes, hits, pulls out her hair, etc. for up to 25 minutes. Since her bedroom is on the second floor, it is impossible to close her in her bedroom for a quiet/safe place to calm herself. A main floor bedroom would give us a "timeout' place for Anna during her screaming tantrums. Right now we have no place to easily put her where she can calm herself without disturbing the rest of the family. Her brothers are very embarrassed when Anna has one of her tantrums when they have friends over to play. There are no doors to close on the main floor to help muffle the noise/chaos. They too would benefit from us having a place to put Anna during her tantrums where a door can be closed. A main floor bedroom and bathroom would give Anna much more independence. She would be able to crawl to her room to play when she chooses instead of being brought up to it only at bedtime. She will also be able to help more with her personal cares if we have a roll-under sink. 7-7 REQUEST FOR VARIANCE BOCHLER (final) large 2 Anna loves being in her current bedroom upstairs. We believe she will be happier and have fewer tantrums if she can crawl/wheel her way to her own room full of toys during the day. We looked into many options including buying a new home that already contains a first floor bedroom and accessible bath. After several years of looking, we've come to the conclusion that staying in this house is the best choice for our family. Our kids are established in their schools; it is close to Bryan's work; we tike our neighborhood and city; and homes with a main floor bedroom cost more so we would need to move further out in order for it to be affordable. Plus, with the current mortgage crisis, this is not the time to move and our need is immediate. We have considered numerous plans to retrofit the home and the most reasonable solution in the one we are proposing to do an addition to the east side of our home which is large enough to contain an accessible bath and accessible bedroom. Timeline We are seeking funds from Dakota County and the DD Waiver to help with the accessibility portions of the addition. They currently are accepting applications for projects which must be completed this year. Funds may be available sometime next year but not guaranteed and the need for modifications is immediate. Therefore, we would like to start the project as soon as possible to ensure the contractors can complete the work by December 31, 2008. Existing Structures Lot size is 86'x 137.49'x 89'x 137.30'= Approx. 12,000 sq. ft. The total square footage of existing structures on the site is approx. 1,468. House including garage - 35'x 44'x 28'x 24'x 7'= Approx. 1,372 sq. ft. Shed - 8' x 12' = 96 sq. ft. Proposed addition (interior room dimensions -12') would be 12.5'x 24' = 300 sq. ft. Easements/Setbacks On the east side of the house where the addition is proposed, there is a 5' drainage/utility easement. The property line is slightly diagonal so the setback between the existing structure and property line changes from the front of the house to the rear. The existing setback at the front of the. house is 2V and the setback at the rear is 19'. REQUEST FOR VARIANCE - SOCHLER (f€naO Page 3 Our hope is to build an addition wide enough so that the interior width of the bedroom and bathroom is at least 12 feet. The bedroom would be 11.5'x 12' and the bathroom would be 9'x 12'. These rooms are considered small in terms of accessibility and the minimum needed to maneuver a wheelchair within each room. An additional 6" is needed for the outside wall/foundation, making the total width of the new structure 12 feet. If this is approved, the new setbacks would be 8.5' at the front of the house and 6.5' at the rear. Variance Request Therefore, we are requesting a variance of 3 1/ feet from the required 10 foot setback for living structures. This is needed because of the 6'/ foot setback at the rear of the house- All that would be needed at the front of the house would be a 1 foot variance. Proposed Addition We are requesting approval to build a 12'/`x 24' one-story addition with full basement. The main floor will contain an accessible bathroom with walk-in tub and a bedroom. The basement will remain unfinished at this point. The front facing the street will be recessed 4-5 feet to give depth to the appearance of the house as well as eliminate the need to move utility boxes. The roof line and pitch will match the existing garage (4112). The exterior will be finished with cedar wood siding and shingles to match existing structure. Windows on the addition will match the color/brand of current windows. These include a bedroom window facing the front (south), a small bathroom window facing the rear (north), and an egress window in the basement also facing the rear (north)_ We are considering two smaller, high windows in the bedroom portion of the addition which would face the garage of the adjacent property. The windows would not be operable and placed high enough that sight would be restricted. Their purpose would be to provide more natural lighting to the bedroom. There is an existing picket fence between the house and property line which will be shortened to accommodate the addition. The neighbor adjacent to the project also has a tail, privacy fence along our shared property line. There are three overgrown bushes and one pine tree on that side of the house which will need to be removed. The plan includes landscaping to match the front of the house including replanting one large pine tree, one large evergreen shrub and other miscellaneous bushes and flowers. An exterior air-conditioning unit on the east side of the house will be moved to either the west side or rear of the addition. Agenda Information Memo October 7, 2408 Eagan City Council OLD BUSINESS A. HAWTHORNE RIDGE - EXCEL DEVELOPMENT, LLC ACTION TO BE CONSIDERED: To direct the Board of Adjustments and Appeals to convene on October 21, 2008 for the purpose of hearing a proposal to modify covenant restrictions to allow a full-service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. Or To resolve that a meeting of the Board of Adjustments and Appeals is unnecessary and unwarranted REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The City acquired property at the intersection of TH 3 and Diffley Road for the construction of a storm pond improvement. It then prepared a remainder portion of the property that was not necessary for ponding purposes for resale. ➢ In response to neighborhood concerns regarding the potential intensity of the use of the site, restrictive covenants were placed on the property by the City, which prohibit certain activities to be conducted on the property, one of which is a restaurant. ➢ At its meeting on July 1, 2008, the City Council received a petition and heard a request from the owner of the Hawthorne Ridge commercial development to modify the restrictive covenants filed against the development to permit a restaurant in the center. At that time, the City Council denied the applicant's request. ➢ The property owner seeks a further opportunity to address the smatter with the Council. One such opportunity rests with a determination by the City Council as to whether it wishes to sheet as the Board of Adjustments and Appeals, for purposes of reviewing the Council decision. ➢ The property owner makes no allegation that the City erred in its action, but the applicant does wish to review the petition, the response of the neighborhood to the development and operation of the shopping center to date and the basis for the request to permit the additional use, 1orJ l ➢ If the Council, by a majority vote of its members in attendance, wish to accommodate the property owner, the agenda for the Council meeting on October 21 would include an item for the Board of Adjustments and Appeals. During the course of their regular meeting, the Council would adjourn and convene as the Board for the purposes of hearing the applicant. ➢ If the Council does not believe it is necessary to pursue the matter any further, the Council should, by a motion duly made and seconded, resolve that a meeting of the Board of Adjustments and Appeals is unnecessary and unwarranted. A'CTACHMENTS: (3) Location Map on page Excel Development's representatives request letter on page6a_ . Petition enclosed without page number, AD I i © Eagan Boundary j L at n M a p Strout A-tea Contertine f Parcel Aron Building Footprint I i v4 S~ a 3 -z ~ ` a sa II ` y. [~i P ~ sJ y ' 'f•'J - 4 Y _ ~ ~ ~ OAS .i °J 5 r c 3 Subject Site Q g r6 DD W ;3 v m s eK~O Sr 7 ! .a 3~ CJ _ 9 ~ ~ o b ~ nn is c~ v 8 i V? v d J G is y 17- w L~ L7 . s r. L? J e r 01 ~ ~ a a a ~ ~ rS~ i 0 2 1§ dyC7P+ 4g ~ dr N 2 3 sra K3 IVIPM" c ! e ~ r 8 F F • o J s> J 2 r w b x r low 0 1000 21)00 Feet HA111tTHORNE RIDGE Atop Prepared using LHSI AreView ].f. Pareel base map da la provided by Dakota County Land SUmy Do pgTlMot and Ea cwrent as of f4wh =2. w E City of Eagan T1413 NEAP 18 INTENDED FOR REFERENCE USE ONLY M 1 N rJ E 3 0 7- A The City of Eagan and Dakota County do oat guarantee the accuracy of this information and are 5 CammurJ ky evrdcpment Depnrsment not respon sidle for orrars or amisslo ns. Oct 02 2000 16: 20PM inJ LAW, LLC (651) B99-614.9 p-2 1AT LAW, L L C P.O. Sox 252553 1 Woodbttry, rdN 55125 1 (666)-5 - JASPER www.La wyenj.COM 1 Pax (651) 699 6149 11 as per_berSOiajiaw,eom October 2, 2OW City of Eagan Att: Board of Appeals 3830 Pilot Knob Road Eagan., N imesota 55122-1987 Ike: 525 Diffley Road, Hawthorne Ridge - Excel Development, LLC Dear Board of Appeals: On. behalf of Mr. Jerzy Szoka and Excel Development. LLC, please accept this request to reconsider a possible modification to a covenant affecting Hawthorne Ridge located at 525 Diffley Road. 1:n support of Excel Development, LLC s request for reconsideration, please consider the following: Previous advisor Negligently represented Excel Development ID 300 Silent Supporters Feedback from. Local Neighbors ■ Community Development Thank you for your consideration of the following action: AC11ON TO BE CONSIDERED: To approve the request for City Council to Reconsider a modification to a covenant affecting, Hawthorne Ridge located at 525 Diffley Road. Sincerely, Jasper Berg, J.D Page 1 of 1 Agenda Information Memo October 7, 2008, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT AND VARIANCES - T-MOBILE ACTIONS TO BE CONSIDERED: To approve (Or direct Findings of Fact for Denial) a Conditional Use Permit to allow a 90-foot telecommunications/church bell tower for property located at 1930 Diffley Road, in the NW '/a of Section 29, subject to the conditions listed in the APC minutes. To approve (Or direct Findings of Fact for Denial) a Variance of 82 feet to the required 300 foot residential setback for a telecommunications/church hell tower for property located at 1930 Diffley Road, in the NW 1I4 of Section 29 , subject to the conditions listed in the APC minutes. To approve (Or direct Findings of Fact for Denial) a Variance to locate a telecommunications/bell tower in a side yard for property located at 1930 Diffley Road, in the NW 1/¢ of Section 29, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The parcel is zoned Public Facility (PF) and a Church was constructed in 1959. The property remains unplatted. ➢ The parcel is surrounded by residential zoned property. ➢ Access to the site is -provided from Diffley Road to the north and Beaver Dam Road to the cast. ➢ The Applicant proposes the 90 foot telecommunication/bell tower be located in the side yard due to the topography of the site and the shared use as a bell tower. ➢ The proposed tower would allow co--location for one additional user in the future. ➢ The Congregational President spoke in support of the proposal. ➢ Two neighbors spoke on the proposal with questions concerning health concerns, other co- location possibilities and property values. ➢ The Advisory Planning Commission held a Public Hearing on September 23, 2008 and is recommending approval of all three requests on a 5-2 vote. ISSUES: ➢ The property must be platted prior to receipt or any building permits, ➢ The two dissenting APC votes were due to concein over the height of the proposed tower. 60-DAY AGENCY ACTION DEADLINE: Deadline expires October 17, 2008 ATTACHMENTS (3)• Location Map on page /DS-. Draft September 23, 2008 APC i ut on page UQthrough Staff report on page oTthrougi (0 Eagan Boundary Right-of-way Location Map o Parcel Area ~ u Paris Area t Building Footprint 14 Q Subject Site ®®b°" ° ° a ° a ~ ~xxa. A 0 ny [5 ~ d O U O ~ ~ a Q 4 ❑ ~ ❑ A } v 4 Q yP Q ri $ t3 ❑ O D 4 ~ ~ a 0 0[ n a, p p o v 4 4- a 111~~~ n a a~ 4t R 0 p ~ Cf p ~ a p g 0 ® Oo. R Qpa t+ 15- d Q t: ° b ~ o ❑ ° ~j p ~ a G7 [7 -'A p O 4•~ ~Q deb' ~ an _ b ° a a_ ~f9 !i i 1 61 I VI/V /11~ /j 7000 0 9400 2004 Feet Development/Developer. T-Mobile Application: Conditional Use Permit Case No,: 29-CQ-10-08-08 ! N 41~ j b,57 City of Eagan THIS MAP 15 INTENDED FOR REFERENCE USE ONLY w ►~j~ 0 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 eoe munity Development Deparhaant not respansihlo for errors or omissions. Advitiw-v 111anning Commission Scptember• 23, 200 P.rge I of 12 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA September 23, 2008 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September 23, 2008, at 8:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Keeley, Heaney, Zoberi, Jensen (arrived at 6:33 p.m.), Dugan (arrived at 6:33 p.m.) and Chavez. Also present were, City Planner Mike Ridley, Planner Pam Dudziak, Planner Sarah Thomas, City Attorney Gary Huusko, and Recording Secretary Camille Worley. AGENDA Member Zoberi moved, Member Keeley seconded a motion to..adopt the. Agenda. A vote was taken. All voted in favor. Motion carried 5-0 August 26, 2008, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Heaney moved, Member Keeley seconded a motion. to approve the August 26, 2008, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 5-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME:LIMIT) There were no visitors who wished to be heard; IV. PUBLIC HEARINGS. A. T-Mobile Applicant Name--T-Mobile Location:.1930 Diffley. Road; Application: Conditional Use Permit. . A Conditional Use Permit to... allow a 90 foot cell/bell tower. File Number: 29-CU-10-08-08 Application: Variance A Variance to allow a celllbell tower within the 300' setback requirement from a residential property. File Number: 29-VA=15-08-08 Planner Thomas introduced this item and highlighted the information presented in the memorandum dated September 17, 2008. She noted the background and history. Attorney Julie Perrus and Kari Brown, T-Mobile, distributed a PowerPoint presentation entitled Enhancing Coverage in Eagan. Statistics, customer needs, tower design, and CUP/Variance Requests in Eagan were discussed. Thierry Colson, T-Mobile Engineer discussed coverage areas and the targeted area for coverage improvement. The coverage difference between a 60 foot tower and a 90 foot tower were discussed. " l~ Adviso v Planning Commission Septvmher 23. 1008 Page N of 1?. Mike DeRosier, Christ Lutheran Church, Congregational President, stated support for the tower, discussed alternative locations on the property and discussed concerns of the congregation which have been resolved. Chair Hansen opened the public hearing. Jim Larson, 1937 Timber Wolf Court, discussed concerns for the safety of his children and impact on his property value. He asked if sharing an existing tower is possible. Don Ingle, 1965 N Timber Wolf Trail, stated concern for the Iocation:.of the tower and effects of radio waves. There being no further public comment, Chair Hansen closed`the public hearing and turned the discussion back to the Commission. Chair Hansen explained that a federal statute regulating the RF emissions exists and if the structure meets the FCC regulations, no local Government can. regulate based on their RF emissions. Member Keeley stated concern for the height of the tower. She stated a 60 foot tower would be more appropriate for both the location and the bell tower design:.. There was discussion regarding power output, locations and coverage by existing towers in the area. Co-location on existing structures was discussed=and the practical difficulties with those structures/towers was explained. Member Keeley moved; Member Heaney seconded a motion to recommend approval of a Conditional Use Permit: (CUP) to allow a 90-foot telecommunications/bell tower for property located at 1930 ©iffley Road in the NW'/d of Section 29, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council: 2. The property shall.tie platted prior to issuance of a building permit. 3. As.. required by City Code, the 90-foot antenna tower shall accommodate the applicant's antennae and one additional comparable antenna for other communication providers; accept antennae mounted at varying heights; and allow the future rearrangement of antennae upon the tower:- Documentation of this shall be provided at the time of application for building permit. 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed tower. The documentation shall be submitted with the building permit application. 5. The equipment building shall be constructed of concrete block with a brick finish to match the existing building. And size as code allows. 6. For security purposes, climbing pegs shall be removed for the first 12 to 14 feet at the base of the tower. 7. The access drive and parking area adjacent to the lease area shall be surfaced with bituminous or concrete. 8. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated September 3, 2008. b- Advisory flk3T31 inj - ~.[7f13?331S~it~11 Sepia-tuber 23, 2008 Page 3 of 1? A vote was taken, Aye: Chair Hansen, Members Chavez, Heaney, Dugan, and Jensen. Nay: Members Zoberi and Keeley. Motion carried: 5-2. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Variance of 82 feet to the required residential setbacks for a 90-foot telecommunications/bell tower for property located at 1930 Diffley Road in the NW % of Section 29 subject to the following conditions: 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 telecommunications/bell tower shall be located as. shown on the proposed Site Plan received September 8, 2008. A vote was taken. Aye: Chair Hansen, Members Chavez, Heaney, Dugan and. Jensen. Nay: Members Zoberi and Keeley. Motion carried: 5-2. Member Keeley moved, Member Heaney. seconded a motion to recommend approval of a Variance to allow the side yard location of a.90-foot telecommunicationslbelI tower for property located at 1930 Diffley Road in the NW'/a of Section 29'subject to the following conditions: 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 telecommuniicationslbell tower shall be located as shown on the proposed Site Plan received September. 8;:2008. A vote was taken. Aye: Chair Hansen, Members::Chavez, Heaney, Dugan, and Jensen. Nay: Members: Zoberi and Keeley. Motion carried: 5-2. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 17, 2008 CASE: 29-CU-10-08-08 29-VA-15-08-08 APPLICANT: T-Mobile HEARING DATE: September 23, 2008 PROPERTY OWNER: Evangelical Lutheran APPLICATION DATE: August 19, 2008 Christ Church REQUEST: Conditional Use Permit; Variances PREPARED BY: Sarah Thomas LOCATION: 1930 Diffley Road COMPREHENSIVE PLAN: QP, Quasi-Public/Institutional ZONING: PF, Public Facility SUMMARY OF REQUEST T-Mobile is requesting approval of- * Conditional Use Permit to allow a 90-foot monopole telecommunications/church bell tower; and Variance to the required residential setback; and Variance to locate the telecommunications tower in a side yard. The above requests pertain to property located at 1930 Diffley Road, in the NW '/4 of Section 29. AUTHORI'T'Y FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning- Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Planning Report - T-Mobile September 23, 2008 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use per-rnits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11. 50, Subdivision 3, B., 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. [ID Planning Report T-Mobile September 23, 2008 Page 3 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. EXISTING CONDITIONS The site is located west of Beaver Dana Road and south of Diffley Road. The original church was constructed in 1959 and has received a number of additions over the years. The property is unplatted. City Code requires a property to be platted prior to the issuance of a building permit. Parking areas are located to the east and west of the building. The southern and western portions of the site are open. SURROUNDING USES The surrounding properties to the south, east and west are zoned PD, Planned Development and Guided LD, Loin Density and developed with single family homes. The property to the North is zoned PD, Planned Development and Guided MD, Medium Density and developed with townhomes. EVALUATION OF REQUEST Compatibility with Surrounding Area The site is surrounded by residential developments. The City Code has a separate section of regulations for towers and antennae located in residential use districts. The main difference in the regulations set forth between the residential and non- residential districts is the limitation of the tower height to a maximum of 60 feet.. Code Requirements_ - City Code Chapter 11, Section 11.70, Subd. 26, G sets forth the general standards applying to all towers and antennae regarding illumination, signage, security, screening, location and color, design, and building permit requirements as following. An assessment of this proposal relative to these provisions follows each item. (I) Location and color shall be in a inanner to ininittiize off-site visibility to tine greatest possible extent; The tower is proposed to be located in the west side yard of the church property as it is also intended to be used as a bell tower for the church. The code requires freestanding towers to be located in the rear yard and therefore a variance is necessary as discussed later in this report. The tower is proposed to be painted brown to match the church building. Planning Report - T-Mobile September 23, 2008 Page 4 , (2) Compliance with all applicable provisions of the City Code, including provisions of the state building code therein adopted, in addition to the requirements set out inn this subdivision; The proposed tower must comply with these general standards. (3) No signs, other than for public safety warnings or equipment information, shall be affixed to arty portion thereof; The applicant proposes 10 foot by 10 foot fiberglass panels on the tower to screen the antennas located at 70 feet and 90 feet. The upper panel will consist of the church emblem. Three bells are proposed to be located beneath the panels between 50 feet and 50 feet. These bells could be activated by the church. No signs are proposed. (4) No artificial illumination, except when required by law or by a governmental agency to protect the public's health and safety, shall be utilized; No lighting is proposed. (5) The placenntennt of transnnaitting, receiving and switching equipment shall be integrated within, the site, be located within an existing structure whenever possible; ally new accessory equipment structure shall be attached to the principal building, if possible, and constructed of materials and of a color schennne compatible with the principal structure and/or surrounding area or within an equipment encasement [not exceeding 10 feet (w) x 10 feet (l) x 5 feet (h) in size. A new 12 by 22 foot (264 square foot) equipment building is proposed, and will be constructed of concrete block with a brick finish to match the existing building. The building meets accessory building requirements. (6) Accessary equipment or buildings shall be screened by suitable landscaping, as set forth in this chapter, except where a design of nowt-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood. The accessory equipment building is screened to the east by the church building and the applicant proposes to install landscape screening adjacent to the south and west of the equipment building as well as to the north of the tower. A 12 foot retaining wall is also proposed along the east side of the tower. The west side of the tower remains visible. (7) Building permits shall be required for the installation of building mounted satellite dishes in excess of five feet in diameter, towers, and wind energy conversion systems; A building permit will be required prior to construction of the tower and equipment shelter. (8) Structural design, mounting and installation of a tower, antenna or satellite dish which requires a building permit shall be verified and approved by a qualified licensed engineer; and Planning Report T-Mobile September- 23, 2008 Page 5 , (9) Towers, and any equipment attached thereto, shall be unclirnbable by design for the first 12 feet or corlapletely surrounded by a six-foot high security fence with a lockable gate. The Tower Elevation notes that the first 12 feet of the tower shall be uDohmbable by design. Additionally, City Code Chapter 11, 11.70, Subd. 26, E., 2, states that freestanding towers and antennae in non-residential use districts shall be permitted pursuant to a conditional use permit approved by the City Council in Public Facility zoning districts. Such freestanding towers and antennae shall be subject to the following requirements. An assessment of this proposal relative to these provisions follows each item. a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall riot exceed: (U) 125 feet, measured f -orn ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A)Accominodate the applicant's antennae and at least one additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. The proposed tower is 90 feet in height and allows for one additional, unknown, future carrier. b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this chapter, provided the nrininium setback distance of the tower from any property litre of a parcel or lot within a residential use district shall be equal to two trines the height of the tower or 300 feet, whichever is greater. The applicant has requested a setback variance as the tower is proposed to be approximately 218 feet from the northern residential district. All other setbacks exceed the minimum requirement for the proposed tower and accessory equipment building. c) The tower shall be located in the rear yard The proposed tower is located in the western side yard; therefore, a variance is required. d} The tower shall be self-supporting through the use of a design that uses an open f rame or monopole configuration. The applicant's proposal is for a self-supporting monopole. e) Permanent platforms or structures, exclusive of the tower or antennae, that increase off-site visibility are prohibited. The plans do not shorn any extraneous platforms or structures associated with the tower. f) Existing vegetation on the site shall be preserved to the greatest possible extent practical. The tower is proposed to he located in the side yard, west of the existing Planning Report -T-Mobile September 23, 2008 Page G , building. An existing 34" (eircumference) maple tree is proposed to be removed. Landscaping is proposed to screen the equipment building and base of the tower. g) Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement [lot exceeding 10 feet (w) x 10 feet (l) x 5 feet (h) in size. As previously mentioned, T- mobile proposes to construct a 12 by 22 foot (264 square foot) equipment building. The building will be constructed of concrete block with a brick finish to match the existing building. h) The applicant ,shall provide a color manipulated "as built"photograph of the tower as proposed for the location. The applicant has provided photo simulations showing two views of the property, both with and without the tower. However, the Maple tree which is to be removed is also shown in the exhibit and the ten proposed Black Hills Spruce are not shown. i) No new tower shall be permitted unless the city council finds that the equipment planned for the proposed tower cannot be accontinodated at any preferred collocation site. The city council may find that a preferred collocation. site cannot accommodate that planned equipment for the following reasons: (i) The planned equipment would exceed the structural capacity of the preferred collocation site, and the preferred collocation site cannot be reinforced, modified, or replaced to accommodate the planned equipment or its equivalent at a reasonable cost, as certified by a qualified radio fi-equency engineer; (ii) The planned equipment would interfere significantly with the usability of existing or approved equipment at the preferred collocation site, and the interference cannot be prevented at a reasonable cost, as certified by a qualified radio frequency engineer; (iii) A preferred collocation site cannot accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified radio frequency engineer; or (iv) The applicant, ~ after a good faith effort, is unable to lease, purchase or otherwise obtain space for the planned equipment at a preferred collocation site. .T-Mobile finds it necessary to construct a new tower. A letter from- Thierry Casson, Senior RF Design Engineer for T-Mobile notes they already utilize three existing towers in the area and states that an additional tower is necessary to improve coverage in the City of Burnsville. Two supporting maps compare the current coverage with the improved coverage. Site Plan - The Site Plan shows a 13-foot by 45.9-foot lease area off the west side of the existing building. The tower and equipment shelter will be located within the lease area. The equipment shelter satisfies the minimum setback of 30 feet from the side and rear property lines. The tower is set back 12 feet from the existing building, and 218 feet from the nearest property line, more Planning Report - T-Mobile September 23, 2008 Page 7 then twice the height of the tower, but less then the 300 foot setback requirement from a residential district. Landscapin - The applicant proposes to plant a row of Slack Hills Spruce along the west side of the equipment building and north of the tower to screen the lease area. Access/Street Design - Access to the lease area will be provided via a 20-foot easement over the existing driveway and parking lot west of the building. The access drive from the parking lot to the lease area, and the parking area adjacent to the lease should be surfaced with bituminous. Variance - The proposed Variance to the residential setback and Variance to location of the tower will permit the cell tower to be located in the side yard of the church property and to provide a secondary use as a bell tower. SUMMARY/CONCLUSION T-Mobile is requesting approval of a Conditional Use Permit to construct a 90-foot monopole telecommunications/church bell tower and two Variances to permit the tower within the 300 foot residential setback and within the side yard on property located at 1930 Diffley Road. T- Mobile indicates that their service lacks coverage into the City of Burnsville, that they were unable to identify a suitable existing tower or building for collocation, and that this new tower is necessary to meet their technical performance needs and provide the necessary coverage in this area. As required by city ordinance, the proposed tower would provide collocation potential for a second user. The proposal appears to satisfy the performance standards outlined in the City ordinance however the size of the equipment building must be reduced. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow a 90-foot monopole telecommunications tower for property located at 1930 Diffley Road in the NW '/4 of Section 29. If approved, the following conditions should apply, 1. This Conditional Use Permit shall be recorded at Dakota County within 50 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. As required by City Code, the 90-foot antenna tower shall accommodate the applicant's antennae and one additional comparable antenna for other communication providers; accept antennae mounted at varying heights; and allow the future rearrangement of antennae upon the tower. Documentation of this shall be provided at the time of application for building permit. Plairning Report - T-Mobile September 23, 2008 Page 8 4. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole. The documentation shall be submitted with the building permit application, 5. The equipment building shall be constructed of concrete block with a brick finish to match the existing building. And size as code allows. 6. For security purposes, climbing pegs shall be removed for the first 12 to 14 feet at the base of the tower. 7. The access drive and parking area adjacent to the lease area shall be surfaced with bituminous or concrete. 8. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated September 3, 2008. To recommend approval of a Variance of 82 feet to the required residential setbacks for a 90- foot monopole telecommunications tower for property located at 1930 Diffley Road in the NW 1/4 of Section 29. If approved, the following conditions should- 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 i 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 monopole telecommunications tower shall be located as shown on the proposed Site Plan received September 8, 2008. To recommend approval of a Variance to allow the side yard location of a 90-foot monopole telecommunications tower for property located at 1930 Diffley Road in the NW '/4 of Section 29. If approved, the following conditions should 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 pennitted in the variance. 2. The monopole telecommunications tower shall be located as shown on the proposed Site Plan received September 8, 2008. I Eags!mBoundary f Right•of-way Location Map Parcel Area Park Area Building footprint 3 4 ° 10 cjD o o Subject Site C Q® a ~ ~ ~ ~ P pbo a Q~ b Oc ELI p 4 ❑ ~ a~ 4 R ~ IIp ~ Q ~ . D O ° tr ?mw 12 ~ O A F q ~ ~ ~ p pC 4 O 6 9- ~ Ca 9 Q - d n.nun p L7 . C3 ,H ,F h 4 ~ C1 ] q 3❑ h a p U 9 O 0 0 fl bo ° Q. a u PI STAT fcHw a ----(~ti+ LED, Kq -nn ipp0 p 3000 2000 Fee! Development/Developer. T-Mobile Application: Conditional Use Permit Case No.; 29-CU=10-08-08 City of Eap THIS NEAP 3S INTENDED FOR REFERENCE USE ONLY w E d 'the City of Eagan and Dakota County do not guarantee the accuracy of this information and are llls co-=nE[y ❑-F.pment nepartmcn[ not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan T-Mobile Lana Use Map Conditional Use Permit 29-CU-10-08-08 a% ~I - 4 Zoning Map 0 Location D;FFLEyj HP 10Ap c.s.,a.n. na. aQ Current Zoning: PF PD ti, 9 Public Facility F- i & a~ o a~ o o ~ a ~ P ~ b q p d qq P Q aR• ~ o Q QpQ Q Sd0 SYQQ ree[ Comprehensive Guide Plan ~D pR p Q Land Use Map - o~ ®y~ Location ° N 4341 ..i.,,.+._•c._ . e RC € a •Np *'C~' Fit'] Qp OFFtFy NflAD s•aM• + o. au ❑Py c ti MD Current Land use Designation: A o o o l a n QP l a' . ~e e o -3 Quasi-Public/institutional 4 q~ $ ~ _ rn o Q ~ d d 4 ~~O g r ° tl e e ff j i P cQO o soo azoQ p,as n N parcel base map informafi°n pravFdGd ~y >laknta County i_and Suryey pepartmeat uecm2,cr SQOS. Zoning InlQrmati°n maEn L.lned by City Stan. City of Eap ~ 8 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota Co,pty do not guarantee the accuracy of this in form at]on. 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VIM E he`i ~aaF33~ ' S ~ g b° ~~9E Y B F ~2T~6x~§~p° ~F i4• F 1 F~o=~pgg~q 585"~~_~ ~R'~.'g*2x 3 a'~ I 3 eel ~ 3 3 ~ ~ 3 € ^e5 ~ 'Y 1 ~ 5 E EEE ff FF ~ ~ n EE6F T s 43 LLJ I~ "s=3 3 x~e>=~ e 2 a e a a a o eg, P~ n LFg rY o 9 q 4 q~ y P L~ 6 Q g 9 a 8~9 G a 4 v v; a F. w y _ G g €o x " aa_ adg a a e ° oa" s € c o fi ~e€ S g- a a s a s- P rn ~ g a a ~ ~ggsm =n sae p, P, p ELEVATION g~• ~~s 3 fvel,Fa- - F - , .-.-r, .v w ~ _"'.~wr~s' • ~'1-S~Rbmi =~{I ~ a i 4 View Type: Origninal Photograph { s Site Address: 1930 Diff ley Road City: Eagan State: MN Site Number. Al Q0602 Y Vier Description: Looking east at location of the proposed 90' tovver and ground equipment y~ - Page i at2 q ° shelter ~ f 1 12 Y~• ' • "'a~'`° ~'.~''`y~ ~ to ~-y~ T - nat-s n -i~ r - ~Wcl ~ A-.tk °1~Y'C~s~LS °.i75 ~1 ~ ~rt .i ~ ~ - ' IF . e.. -...gin- ~ •~r r~ - - - Q go i _ ~ ¢ ir,~.•-~. err - fix . _ a 1 f- a - ``I5.`~r~t---' n r?g^'~?~~ -a~• n ~xssr¢ ~ ~L--, ~ +.1" i 1 ~ r~ ' ,K~ "`sue, rU ,.~+.k ~ } `r ~`'~3 •~'F' v ~ r. r f r-"• ~ as ~L ~ ~ - L _ t ~1sC. ~ s~~ ~f -Z' -_~a'~1rf~~~~ - { , - r { i' •~`r .st~ jy SS.rd~t' &S~"~ -i "~-[-r'cy~p S~-.. ~~~-~-i..r.9n- _ i r F~•~ _ it ~y~~~C• a_~+. ii Tr y1s Mt~ ;,~~'2F~ c~ -~`~~ti$e.r.:~~.~„~., -~V, "i r~~ .ter; 7 ~-r_ w ~ 5'_.~T:. ~,.~r - .s - - - ` - - _ EXISTING ELEVATION RECEIVED SP 0 8 2000 7 _Disclaimer: This picture is an artist's rendition of - 5 = View Type: Simulated Photograph gp t}ie cerr~pletecf site layout prior to cons#ructiart.Site Address: 1930 Diffley Road .The completed construction may vary in layout, ~ ON, tatty: Eagan Mate: MN dimension, and color from the above picture. -M x Site Number. Al Q0662 View Uescription: Looping east at location of the proposed 9D` tower and ground equipment , - s shelter. Page 2 of 2 •~L . M t ~cr 23 ~~-~i~ .emu ~ c r`~~.7:t ~ _ _ ~fi 3 L A Y p :y'-''~r'rT~~•s '~r,._rcL.S-^`n- rh.•_~tn-t ' Y` { r 1~ s F r - Ito W, Ir r?w; nml KIM ar• 'YS-r••~r-2, k--d~ 'F e'r'r: 4f - y ="k- by iaqPROPOSED ELEVATION RECEIVED SEP 08 2008 511. win- 1, ppg~ r'•~ ~ _ ~R yn r `~'~~2;v 1. Ors i-- ate". ca .T' 4• rt=~Lx' ~ _ r - ~ 4 ~ r. ~k' -may - Sol 9' a; - ya Stir 15 •C N _ -'i --}may" _QE Fj~ am 1 r~r~ '1 Vi~• ~y E .fir f lJ' -f r'- vm• "c' s.- .17 1 xi W`x' 3 v+ z+ _ tyy, tw a s • ~ ~ ' f ti, ~ ~ ~~r=.rrv7r ,tom VIZ. i ~ t~ yx K;l 0 z. T" x # ~ ~ t "1~ E 3 _ y a I r?~ -ry _ I S s y E , Y} WAVER FRI € i~ ~y~~F'3 L: e'~rL~ ''abyFyF i~ e T~_~£ ~ '"jg~`T- ri- 41 ~j 0 r~ September 8, 2008 City of Eagan Planning Commission 3830 Pilot Knob Road Eagan, MN 55122 Planning Commission: Re: T-Mobile Central LLC Conditional Use Permit Application and Variance to construct a communications facility church tower( including wifeless antennae and equipment) at 1930 Diffley Road also known as Christ Evangelical Lutheran Church in Eagan, Minnesota.. My client, T-Mobile respectfully requests the granting of a conditional use permit and a variance to build a 90' bell/church tower. Proposed Use The proposed communications facility will consist of a 90' above ground bell tower and related equipment building located west of the main church building behind the tall spruce trees next to the church. The bell tower will have three brown painted steel legs with a three section panel on the top with the church emblem on the outside. The antennas will be hidden behind the panels and not visible to the public. This tower is to be designed as a bell tower and thus was placed near the church for appearance purposes. It is screened naturally to the North by 20-30' coniferous trees. To the East of the tower will be the church building with approximately 500' between the tower and the nearest residence, to the South over 400' and the West over 500' to the nearest residences. T-Mobile is proposing to install a brick 10 x 12' building just to the southeast of the tower very close to the church. The brick will be matched to the color of the existing, church. Black Hilts Spruce trees have been added as screening to the West and South of the proposed building. Access to the equipment building will be acquired through the existing drive surface and across the lawn to a secure access door. Please refer to enclosed plans (Exhibit B) for reference to the design of this site. a- tl Purpose of the Proposed Use T-Mobile provides state-of-the-art digital wireless telecommunications service call Personal Communications Services (PCS) throughout the greater metropolitan area of Minneapolis and St. Paul, as throughout the United States. Development of T-Mobile's infrastructure began in 1995, and has continued to grow over the past several years. The proposed communications site represents improvement of coverage of the T-Mobile Central network in the Eagan community and residential area. Site Selection Methodology Once T-Mobile Central engineers determine the general area in need of anew communications site, we begin our search for possible locations. This is first done by reviewing the local zoning code requirements and searching for suitable existing structures for collocation, In this case, no existing large power towers, water towers or other tall buildings existed near the proposed site that could be considered feasible as a collocation site. Attached is a completed and signed conditional use permit and variance application, two full-size copies, and 4 sets reduced copies of T-Mobile's site plans, radius search analysis, related application documents and the appropriate application fees. We will be happy to present our plans at the next planning meeting and to answer any questions or comments that the commission or general public may have regarding this proposed facility. Thank you for your attention to this matter. Please feel free to call meat 952-292-9337 with any questions or concerns. Respectfully sub Witted, 9 _ Kari . Brown Site Acquisition Contractor Attachments- • Exhibit A- Zoning Code findings • Exhibit B- Site plan, and Elevation Drawings • Exhibit C-T-Mobile FCC license information ■ Exhibit D- Radio Frequency Engineer Site Analysis 1~ RECEIVED SEP.08 006 Memotmdum To: Kari Brown, Real Estate and Zoning CC: Alan Roberts, RF Engineering Manager, T-Mobile LISA From: Thierry Colson, Senior RF Engineer, T-Mobile USA Rate: 512 712 0 0 8 Re: Christ Evangelical Luther, Eagan, MN (Q602C) I am the Senior Engineer responsible for the design and location of this proposed site, I have been doing wireless network design for 12 years, and have planners and built hundreds of sites. It is my intention to describe the goals and objectives of this particular location and to examine the other possible locations we've considered in this area. Our primary objective with this site is to improve coverage in the City of Burnsville. It's important that this new coverage link and compliment the existing coverage. It's also important that we minimize the potential overlap in areas where the existing coverage is already of an acceptable quality. Our target area is roughly bounded by Silver Bell Rd on the North, Rt 77 on the West, I 35E on the East, and Cliff Rd on the South. Currently in this area there is very poor or no coverage. I have attached a map that is a computer generated depiction of our current coverage in our target area. The color scheme represents the general strength of the signals generated by our network. The green areas are the strongest, and represent a signal strong enough. to penetrate most commercial and residential buildings. The yellow is typically strong enough to provide service inside vehicle. The last signal level displayed is the grey, and indicates areas where the signal is strong enough for outdoor coverage. I have also attached a reap using the same color scheme that depicts the coverage of our proposed site at 90ft. Comparing these two maps and the improvement in both the amount of our coverage and the strength of that coverage is very apparent. T-Mobile's site acquisition specialist, with the assistance of T-Mobile's radio frequency engineer, has searched and is not aware of an existing tower or building within the required one-quarter (1/4) mile search radius, which would provide the height necessary for the antennas to function to provide the necessary coverage to the area. We are already using the following neighbor structures for our network: AJ Q0504: 4141 Oakbrook Trait, Eagan (Deerwood WT) AIQ0430: 4350 Johnny Cake Ridge Rd, Eagan (Xcel Pole) AIQ0058: 4151 Old Sibley Memorial Hwy, Eagan (Monopole). The frequencies used by our equipment will be restricted to the bands as follows: September 8, 2008 Transmit : PCS B block (1950 to 1964), PCS C4 Block (1980 to 1985), AWS R3-E (2140 to 2145) Receive : PCS B block (1870 to 1885), PCS C4 Block (1900 to 1905), AWS R3 -E (1740 to 1745) These bands apportioned to T-Mobile by the FCC are well isolated from other bands used by public safety communication systems. There have been no incidences of interference with public safety systems on our existing sites, or any interference with consumer radio, television, or similar services. Part of the license from the FCC states that we can not transmit outside of our assigned frequency blocks. One of the penalties listed is loss of our license, We take interference very seriously, and in the rare event that any interference occurred, we would work to correct it as quickly as possible. Thierry Colson Sr RF Engineer Tel: 952 833 4033 2 f~ 1~ _ € 'fi`r xi ApErtli"~. a g 77 I C ~'9~y 1 ~ A10058 0~f~,V P, - ~vn Ct c.~'~ ~ S m. c- " 'nmDPrly a~b s fir; ~ r. t 1 ~ &Ax ~-v z _ ~ ~ ae irk w. t s1 Coverage Legend In-Building € 1 Y 1 _x r f ains`~ In-Car Outdoor k 1 AlQO602 Exisitin Coverage 9 ~ rk :r- NOR= fa; _ ~ ~ ~ . 4=~-~ Y i x ~ Tv w'-, - ~ SIN ~ - ~ {_~~F.•~~.~'7,ry-r,~r~'• !s x-w.~.. r$ were N Rk.`j rf ....tea nLlq 4. 'f rim rot !l-~i~~[ Y.Y~'^ _ ~ •v;1'Y d=am Y Y~°s..e. G4 a-.r?..~ N F';'~~Slydp -•g_ b~ = x" L~,~.c,z=pceCN. _k~ tirtk CtiS tia' ~ r ..Y-is.~: s. r qi~s] , 'r : ` y . it y }•rf ry ~._A ~ w n, :F .W s. ~ .4.~ r~~_"=, ~ .kL a. 5.. - ~ gel 9_ r 114- cam.. a r r- ] J_ x , - Irv Y-_..~ 4: St++ f 4 8us+p~ y. _CrarS_xr -'gce• s.. . _ ....~30 . . ~ t br' ~ _ ~ - + ~i:=•==`~s- W~ WY. y~ Coverage Legend =5 !n-Building !n-Car tt - Outdoor ` AIQ0602 Proposed Coverage 1(0 9524318338 SER-11-2008 06=35 WESTUIEW ELEMENTARY 9524318338 F.01 (~pp w ~-~S R E L a i V' L Alan and Tari Shodahl 1 q59 Timber Wulf Trail South Fagan, MN 5512.2 To the i••"lwining Commission of Fagan. We are writing in response to the letter sent to the homes in the area of the proposed cell phone tower on the property of Easter Lutheran Church on Di£t7ey Road. We would Bice it noted that we are definitely AGAINST the cell phone tower being allowed on this property and ask that you vote NO to this proposal from T-Mobile. The proposed location of the tower, in our opinion, is too close to residential neighborhoods. - From checking the intomt on health hamds of Q41 phone towers/radiation, there is still much unknown- In the past it use to be thought that the towers were safe but more recently that thought is in question. b&ny of the corners have been expressed in varying websites. In siting a couple of the aT ricles we read: http://drbenkim.comkelf-phone-&ngers Public Exposure: DNA Demr~cr~cy a~ the Wireless Revolution - A Dust-See X]ncurnentarl+ on the I3 igers of Cell Phone Use By Dr, Ben Kim on Februa 19 2009" " In case you don't have time to view this documentary, here are sorne highlights that I jotted down during my first viewing: 1. Regular exposure to radio frequency radiation may inwifere with the electrical fields of our cells. Common health challenges that have been linker to regular exposure to radio frequency radiation include. Q Abnormal cell growth and damage to cellular DNA a Difficulty sleeping, depression, anxiety, and irritability a Childhood and adult leukemia o Lye canner o Immune system suppression n Attention span deficit and memory loss o Infertility 2_ Children are at much higher risk than adults of experiencing health problems related to regular exposure to radio frequency radiation; thirmer and smaller skulls translate to greater absorption of radio frequency. 3. From the early 1950's to the mid 1470's, the U.S. embassy in Moscow was purposefully bombarded by radio frequency radiation 24 hours a day. The U.S. embassy workers experienced what the perpetrators identified as "Radio Frequency Sickness Syndrome." 1-7 SEP-11-2008 05:36 WESTVIEW ELEMENTARY 3524318338 P.02 After some time of concentrated radio frequency radiation exposure, the American ambassador developed leukernut The ne-t American ambassador also developed leukemia. Blood tests performed on embassy statTmembers showed irreversible DNA damage-" http://www.sixwise.cortrlnewsletters105109/2$/what_are_the_dangers of living near cell _phone4towers.htm What are the Dangers of Living Near Dell pbvne Towers' by www.StxWise.com "'A study by Dr. Brace Hocking in Australia found that children living near three TV and FM broadest towers (similar to cell towers) in Sydney had more than twice the rate of leakernia d= children living more than seven miles away. * Says Dr. Neil Cherry, a biophysicist at Lincoln University in New Zealand: o "Public health surveys of people living in the vicinity of cell site base stations should be being carried out now, and continue progressively over the next two decades. This is because prompt effects such as miscarriage, cardiac disruption, sleep disturbance and chronic fatigue could well be early indicators of the adverse health effects. Symptoms of reduced immune system competence, cardiac problems, especially of the arrhythmic type, and cancers, especially brain tumor and leukemia, are probable.,' Biomedical engineer Mariana Alves-Pereira says exposure to cell phone towers can lead to vibroacoustic discase. "from what I understand, some of the complaints are similar in what is seers in vibroacoustic disem patients, which are people who develop a disease caused by low frequency noise exposure," she said Symptoms can include snood swings, indigestion, ulcers and joint pain. • Dr. Gerard Hyland, a physicist who was nominated twice for the Nobel Prize in medicine, says, T-xisting safety guidelines for cell phone towers are completely inadequate Quite justifiably, the public remains skeptical of attempts by governments and industry to reassure them That all is well, particularly given the unethical way in which they often operate symbiotically so as to promote their own vested interests." • According to the Mount Shasta Bioregional Ecology Center, "Studies have shown that even at low levels of this radiation, there is evidence of damage to cell tissue and DNA, and it has been linked to gain tumors, cancer, suppressed immune function, depression, rniscaniage, Alzheimer's disease, and numerous other serious illnesses." According to Dr. W. Lascher of the Institute of Pharmacology, Toxicology and Pharmacy of the uoterinary School of Hannover in Gcnnnany, dairy cows that were kept in close proximity to a TV and cell phone tower for two years had a reduction in milk production along wO increaser) health problems and behavioral abnormalities. In an experiment, one caw with abnormal behavior was mkcn away from the antenna and the behavior subsided within five days. When the cow was brought back near the antenna, the symptoms returned." Reading these two artioles raises considerable health concerns for us being located so close to the proposed tower- In addition t6 this tower we also M in close pTaxirnity to ! T-- SEP-11--2008 06:37 WESTUIEW ELEMENTARY 9524318338 P.03 the radio towers adjacent to the radio station on Cliff Road and also the pow lines that fallow the Highline Trait. If this cell phone tower went through, our area would he sandwiched between three towers/lines that could cause potential health risks to us. We are also concerned with property values. The property values in our area are not the best and with the addition of this tower we feel it could possibly Iawer our properly values even more. We would suggest that you look at another area in Fagan, if need be, where it wouldn't be close to a residential neighborhood. There are many areas in Eagan ti t are undeveloped or zoned commercial that would be a better choice. We, understand that the church may stand to benefit financially by the -addition of the tower through rental of the land for placemeta of the tower. We would hope that the church along with the city would consider the welfare of the families that would be aff'ect'ed. by the cell phone tower. We have lived in our same home for almost 28 years and have seen marry changes in our area, some for the better and s❑mc not. We hope that this will be ow change that we will not have to deal with in the future. Thank you for taking into account our request and please consider the welfare of our neighborhood when rnaklog yo+ar decision- Thank you. Alan and Tari Sturdahi TOTAL P.03 RF Exposure Analysis for Proposed T-Mobile Wireless Antenna Facility Site ID: Q602 17 September 2008 Prepared by T-Mobile Thierry Colson. RF Engineer Table of Contents 1. INTRODUCTION ...................................................................................................................................................3 2. SITE DATA .............................................................................................................................................................3 3. RI± EXPOSURE PREDICTION ............................................................................................................................3 4. FCC GUIDE LINES FOIL EVALUATING THE ENVIRONMENTAL EFFECTS OF RF RADIATION -.4 5. COMPARISON WITII STANDARDS ..................................................................................................................4 6. CONCLUSION .......................................................................................................................................................4 7. FCC LIMITS FOR MAXIMUM PERMISSIBLE EXPOSURE-- ...................................................................5 8. EXIIISIT A 9. REFERENCES ...................................................................................................................................................7 2 ID- 1, Introduction This report Constitutes an RF exposure analysis for the proposed T-Mobile Wireless antenna facility to be located a[ 1930 Diffley rd, Eagan, MN. This analysis uses site-specific engineering data to determine the predicted levels of radio frequency (RF) electromagnetic energy in the vicinity of the proposed facility and compares those levels with the Maximum Permissible Exposure (MPE) limits established by the Federal Communications Commission. 2. Site Data Site Name: Q602 Christ Evangelical Luther Number of simultaneously operating channels 4 Type of antenna Andrew l6dB Power per channel (Watts ERP) 250 Height of antenna (feet AGL) 85 Antenna Aperture Length 5 ft 3. RF Exposure Prediction The following equations established by the FCC, in conjunction with the site data, were used to determine the levels of RF electromagnetic energy present in the vicinity of the proposed facility': 0.64 * N * EIRP(B) PowerDensity = z* Rz (rrttislc►raz} Eq. I-Fur-fieirl Where, N= Number of channels, Id- distance in cm from the RC (Radiation Center) of antenna, and EIRP{B} = The isotropic power expressed in milliwatts in the direction of prediction point. P. Ich*N*103 PovverDensity = 2*g*P (rn€vlcni') Eq. 2-Near fielyd '~7z*a136~ Where P;,,Ich = Input power to antenna terminals in wattslch, R = distance to center of radiation, h = aperture height in meters, a = 3 dB band-width of horizontal pattern. I RF exposure is measured and predicted in terms of power density in units of milliwatts (mW), a thousandth of a watt, or microwatts (,U W), a millionth of a watt, per square centimeter (cm~). Data comparing predictive analysis with on site measurements has demonstrated that power density can be effec€ively predicted at given locations in the vicinity of a wireless antenna facility. 3 4. FCC Guidelines for Evaluating the Environmental Effects of RF Radiation In 1985, the FCC established rules to regulate radio frequency (RF) exposure from FCC licensed antenna facilities. In 1996, the FCC updated these rules, which were further amended in August 1997 by a Second Memorandum Opinion and Order. These new rules represent a consensus of the federal agencies responsible for the protection of public health and the environment, including the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), the National Institute for Occupational Health and Safety (NIOSH), and the Occupational Safety and Health Administration (OSHA). Under the laws that govern the delivery of wireless communications services in the United States, as amended by the Telecommunications Act of 1995, the FCC has exclusive jurisdiction over RF emissions from personal wireless antenna facilities, which include cellular, PCs, messaging and aviation sites. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. 5. Comparison with Standards Exhibit A shows the levels of RF electromagnetic energy as one moves away from the antenna facility. The maximum power density is 0.36 /1 WIcm2 in the PCs band, which occurs at 21€7 feet from the antenna facility. Taking into account the proposed system as well as a future system, Table l below shows the Maximum Permissible Exposure (1vIPE) limits established by the FCC.There are different WIPE limits for public/uncontrolled and occupational/controlled environments. Table 1: Maxiinurrt Permissible Fxpocure limits for RF radiation Frequency Public/Uncontrolled Occupationallcontrolled Maximum power density at Accessible location PCs 1000 # W/cm' 5,000 fl W/crr? 0.36,U Wlcm' bhe maximum power density at the proposed facility represents only 0.04 % of the public MPE limit. 6. Conclusion This analysis shows that the maximum power density in accessible areas at this location is 0.36 P WJemz in the PCS band, a level of RF energy that is well below the Maximum Permissible Exposure limit established by the FCC. In order to rninimize the interference from one site to another site that are using the same RF channel, all cell sites transmit at very low power level. The output of the wireless antenna sites is typically about 20 Watts. The RF emissions from a wireless antenna site are very minimal compared to the output power of other RF equipment. For example, TV antenna towers power output is in excess of 1400 Watts. Due to the low-level power output of wireless antennas, each cell site covers only a very limited area. In order to provide consistent, homogenous, quality wireless service, cell antenna sites is normally less than one mile apart. The exact distance required between cell antenna sites is determined by terrain, blockage from structures, call volume and antenna height. I~~ 4 l 7. FCC Limits for ?Maximum Permissible Exposure FCC Limits for Maximum Permissible Exposure (M PE) Plane-wave Equivalent Power Density Occupational/Controlled Exposure ~ General Population]Uncontrolled Exposure; 1€30 ~ ~.__~..Y._.__.~_ .M E E 1 0 1 w 7Q©Ruwlcm2 0 c3 1 _ _ w - - cell ular:650 uwlcm2 / r 0,03 0.3 3 30 300 3,000 30,000 ~ 300,000 T .34 I, 5C3C7 100,000 Frequency (MHz) 5 14b S. Exhibit A Plot showing the variation of the power density of the antenna system as a percentage of the FCC limits for the T- Mobile facility (PC5 band) (shown on the Y-Axis) versus the horizontal distance along the ground (shown on the X- Axis) directly in front of the antenna sector. The maximum value is 0.04% which occurs at a distance of approximately 21D feet in front of the antenna Uncontrolled MPE Result 10000 100% of Conti-oiled Linn t 100% of Uncontrolled M PE 5 % of Uncontrolled MPE 20 cni (0.556 ft) 1000 Predicted Power ©ensi Ltj 100 CL ~.r 0 10 @-n Staw. awi: 4&o t5 0.1 _ 0.011 0.1 1 10 .100 1000 10000 Horizontal Distance From Antenna, ft 12 9. References [ 1 ] The Communications Act of 1934, as amended by the Tcleeonununications Act of 1996, 47 U.S.C. Section 332 ( c)(7)(B)(iv). [2] Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation, Notice of Proposed Rulemaking, ET Docket 93-62, 8 FCC Rcd 2849 (1993). [3) Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation, Report and Order, ET Docket 93-62, FCC 96-326, adopted August 1, 1996.61 Federal Register 41006 (1996). [4] Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation, Second Memorandum Opinion and Order, ET Docket 93-62, adopted August 25, 1997, [5] Evaluating Compliance with FCC Guidelines far Human Exposure to Radio frequency Electromagnetic Fields, OET Bulletin 65, August, 1997. 7 1L O ~ N L7 ~ E n& a co b°tlef D b N ~ d 431 ~et~ o F- t 5 O A uSNa C u ~ d N 3 c~ !t` ~ 1! a N m a p~p P - ❑ N r R7 F T 75 . y p .N N 1 tm[ 3 Q ;J ~ C ~ ~ R SG ❑ V1 x M o ~ o v ~ ~ ~ ~ V N i ~ ~ y p •t °o ° _ a a o U m.~ ~3 n c u LL (3 U C3 ci 3dA Pailaqu-un % U u 'Ift : o iL V) J N N L 4 ❑ $ w rs 3~g~ 3 k o ri fo ~ C ~ ~ o O C L € o m _ C, S £ F Z f y 4 b b y g' Al U C F1 G FF^ - ° V. Z d C -S e - da odb a° m j dS.$o y ° ° Y v .o o V - rn E n °y _w o o - 0 [j O 5 W C N u z111a~mrf`f~rsuaq aamoa " ~ 6 ro p W "w ¢ x U ¢ ~ S h m _ E rte, ~ ~ n w -•~U v m m ~?smv £ ~ o p A° gi U .D ~ iv 6 6! I!1 f N ~ F~~ J fl m n M R n d m d m E a.: q } Q 1- - X G -°a z ~ o y~ ~ E 3 Q= C7 L~7 Y¢ c m P - o~ U G U °o m N 3° C+ C 2171 p~M `rµ35 [18Q JBMOd Wireless Communications in Your Community ,7. This guide will help you understand. How wireless deices work ' When new wireless facilities are needed How wireless antenna locations are determined How radio frequency works Quick Definitions 11 Blocked Call A wireless call that does not go through because the network is at maximum capacity. In this instance, a caller would hear a series of beeps indicating the call cannot be made. Capacity-The maximum number of calls a wireless antenna can send or receive. Each antenna can only accommodate a limited number of customers at any given time. Cell A geographic area over which a wireless antenna transmits and receives radio signals. Co-location Placement of wireless antennas on an existing structure ~i.e. water towers, rooftops, utility poles) or placement o multiple providers' antennas on a new wireless structure. Coverage Area - The geographic area serviced by a wireless antenna, Dead Spot or Dead Zone - A geographic area where there is no wireless coverage. Dropped Call - A wireless call that disconnects or „drops" suddenly. Wireless-Antenna -T A device used for sending and/or receiving wireless signals. Tireless Antenna Site A wireless antenna(s) and its related electronic equipment cabinets. These sites define the coverage of a wireless network. Wireless Network - A series of antennas working together that allow customers to send and receive calls within a broad geographic area. - = 771) Consumers and Wireless Technology Coverage areas must be improved and network capacity expanded to handle the grooving number of calls and r;^ wireless data usage. T-Mobile must especially improve services where consumers are increasingly using their phones and data devices - at home v and in their neighborhoods. Today, more than 77 percent of all L.S. This guide will help you understand: households use a wireless phone or 9 how wireless phones work; data device. A significant- number of consumers are taking advantage of a when new wireless facilities price cuts, improved calling plans, are needed; number portability, and enhanced services. Many others are dropping e how antenna locations are their wireline phones altogether and determined- and using only their wireless phones. how radio frequency works. Wireless phones allow consumers to do so much more than talk to people. Wireless devices can now send and receive text messages, emails, pictures and faxes, and connect to the Internet. While T -Mobile and other wireless companies spend billions o dollars each year to improve wireless network quality and provide the best possible service in the U.S., there's more work to be done and challenging obstacles to overcome. How Wireless Devices Work » k Y. v alp L 1 1~ Sys ~ 1 ~ 1~~49 9 Wireless devices work by sending Wireless antennas are low-powered and receiving radio signals to and transmitters and receivers that provide from wireless antennas. These wireless coverage to a geographical area antennas link wireless phones and known as a "cell." Ideally, these cells overlap devices to the rest of the wireless so that a signal can pass from one antenna network and wire Iine telephones. to another as a subscriber moves around. "~j T74, x a. -4 I.7 t F K a r t ~ : r Stealth antenna disguised as a pine tree Utility pole antenna allows for co-location of wireless antennas on existing utility poles Rooftop antenna Microcell - provides short range wireless - coverage for high-traffic areas such as n _ shopping mails Stealth antenna disguised as a flag pole r ~ _s t Lattice tower - allows for co-location of wireless antennas on existing radio or TV towers However, where there are gaps between path, natural features like hills and trees, cells or when there is excessive and high volumes of wireless users in busy demand on the network-the wireless areas. T-Mobile is constantly working to signal may be lost and a call dropped. fill these gaps in service to ensure its customers can use their wireless devices The most common reasons for signal loss whenever and wherever. include buildings that block the signal Tom- = - - When New Wireless Facilities Are Needed The siting of wireless antennas is T-Mobile determines when and driven by customer demand for where a new antenna is needed reliable service. Every day, 46,666 based on specific scientific criteria. Americans become new wireless Radio frequency engineers conduct subscribers and it is projected that 66 a thorough analysis of their wireless million more will be added in the network, including: next five years. This level of growth, coupled with increased use by Network Statistics -Engineers existing customers, overburdens the review data generated from the wireless network, resulting in wireless network to measure its dropped calls and spotty coverage. performance. This data includes specific statistics, such as the amount T = of traffic on individual wireless Vl i eiess cusers expect antennas and the number of call I gai~tyGOVerageMMOM failures, including dropped and their'hones and = blocked calls. nighbrh66ds7 tivh«h Customer Satisfaction Surveys regVVY-antennas and Feedback - Consumer t In`residentiaiareas. = surveys and customer feedback help T-Mobile assess the quality of their wireless service. Customers are asked Since customers expect their phones to about "dead spots," dropped calls, work wherever they go - at home, on and the quality of service in their the way to work, within their office homes and neighborhoods. buildings, and even in their favorite neighborhood coffee shops and grocery Drive Tests Field technicians stores - more antennas are necessary and engineers collect real-time to provide coverage and handle statistics by canvassing service areas additional capacity, with wireless phones, mobile data computers, and analysis equipment to test network quality. Drive tests simulate the customer experience and provide critical signal strength, call quality and clarity data. How Wireless Antenna Locations Are Determined One a new antenna is determined siting new antennas in industrial and necessary, T-Mobile and other wireless commercial areas, customers increasingly providers have limited flexibility use their wireless devices at home, in pinpointing it's exact location. making it necessary to site antennas in Engineers target a geographic area in residential areas. which a new facility must be located to improve service or fill a dead spot. If a new antenna is needed, preference Field visits are then conducted to is given to co-locating on an existing establish a list of all technically structure, such as: feasible locations in the target area. e Water towers, TV and radio transmitters Buildings (hospitals, churches, i„ Tle sW170 fa wireless antenna ke g shopping malls) 2~ de r'nItfrud by customer - t= s_ Existing wireless facilities, cl d for reliable service.. E such as a monopole Engineers examine antennas * Rooftops surrounding the area to determine a Utility poles if an existing antenna's capacity can be expanded. Using existing facilities Billboards is always the most desired option Constructing a new antenna is always because it results in the lowest the last resort because it can be impact on surrounding neighborhoods. disruptive to the community, requires Because wireless signals travel by customers to wait longer for line of sight, larger buildings, hills improvements, and is more expensive. and even tall trees can limit signal strength. These are critical factors that help determine locations for new antennas. Aight pole axtension allows Local zoning and building codes also for the co-location of two wireless dictate where antennas can be built and impose specific requirements for providers location, height, and aesthetics. - - While T-Mobile gives priority to Negotiating a Lease and Obtaining Permits After engineers create a list of T-Mobile then fifes applications and technically feasible antenna sites, real permits with the focal jurisdiction to estate specialists begin discussions build, operate, and maintain the with property owners within the target antenna site. The length of time to area and establish a lease agreement obtain permit approval varies depending with one owner. The average time upon local siting requirements. required to negotiate a lease agreement is between 66 and 90 days. Enhanced 911 The number of emergency 911 calls from wireless phones is increasing rapidly. Because of this a new caller W location system, called Enhanced 911} (E911), has been deployed. E911 is an emergency service designed to provide additional measuring the time it takes the wireless protections for wireless phone users. signal to reach nearby wireless E911 does three things: antennas. Measuring that time 1. Ensures that a wireless difference -whether from GPS 911 call is routed to the nearest satellites or from wireless antennas emergency dispatch call center; allows emergency operators to more accurately determine the position of the 2. Provides emergency dispatchers distressed caller. with the call-back number of the distressed caller; and In either instance, wireless providers 3. Provides the approximate location must have enough antennas placed of the distressed caller. throughout communities to ensure a distressed caller's wireless phone has The technology used to determine a adequate signal available to make an distressed callers location varies from emergency call, stay connected with provider to provider. Essentially, a the 911 operator, and be located by caller's location is determined by emergency services. s - Radio Frequency and Wireless Consumers Radio frequency energy, or RE makes into the potential effects on human wireless communications possible, RF health from RF emissions. Extensive and is the same type of energy used to ongoing national and international broadcast commercial applications studies on potential radio frequency such as radio and television signals health effects indicate that wireless and home devices such as cordless antennas present no public health risk. telephones and baby monitors. The wireless industry is closely regulated Here`s have RF works: by the Federal Communications Commission (FCC) which sets very Wireless phones use radio frequencies conservative, science-based RF emission to transmit voice and data information guidelines that ensure citizen health is between the handset and nearby protected. These internationally recognized wireless antennas. The antennas are guidelines were established by connected to electronic equipment independent scientific organizations cabinets and traditional telephone including the American National Standards lines. From there, the call is relayed to Institute (ANSI), the Institute of Electrical other wireless antennas or the and Electronics Engineers (IEEE) and the wireline voice network for routing to National Council on Radiation Protection its final destination. and Measurements (NCRP). Some people who live or work near Concerns about radio frequency and antennas have concerns about health health effects can be addressed through and safety. In the course of the 70 education and clear communication. years during which RF has been used Additional information can be found at for commercial purposes, there has www.fcc.govloet/rfsafety. been a wealth of scientific research This chart demonstrates haw NI padre ;Trmrittrr the RFemission from a Tel Trans-mifter wireless antenna compares to common home devices Cordless Phone such as baby monitors and cordless telephones. All of Kitchen Microwave these devices fall well within Baby. Monitor the FCC`s maximum public T Ph ai `Wireless Antenna exposare standard. 0% % of FCC Limit 100% Frequently Asked Questions Is it safe to-live or work near What regulations govern the a wireless antenna? siting and operation of wireless antennas? Extensive and ongoing national and international studies on potential radio Operation of all wireless antennas frequency health effects indicate that mast comply with the standards set wireless antennas present no public in the Federal Telecommunications health risk. T -Mobile antennas operate Act of 1996. Providers are also within national safety guidelines required to follow planning established by the FCC. processes as prescribed by local authorities before a new wireless What do these health effects antenna can be constructed. studies say?- - Illlhy are some wireless The overwhelming consensus among antennas placed in residential the global scientific community is that areas and not in commercial wireless antennas do not have a or industrial areas? harmful impact on the public. For more comprehensive information, Tireless antennas are low-power see the web links on the back page radio transmitters and need to be of this brochure. located in the areas they are intended to serve. As consumers use their Who sets the safety guidelines for wireless devices at home, in their these antennas? neighborhoods, and even in their focal shopping centers, wireless providers Wireless antenna guidelines are must add additional capacityto their established and enforced by the FCC.' networks to handle the increasing call and data volume. By placing wireless antennas in these areas, T-Mobile is able to ensure high--qual ity coverage that customers expect. Do wireless providers share I already have good coverage on existing wireless antenna sites or my phone,.so why are more co-locate on existing structures? wireless antennas needed? Co--locating wireless antennas is A single wireless antenna can only always a first priority forT Mobile. handle a certain amount of calls or In fact, two-thirds of T-Mobile's data at a time. As the number o antennas are built on existing wireless users increases, so does the structures or on structures thatare need far additional wireless antennas shared with other wireless providers. to meet that demand. T-Mobile has a carefully designed Even though you may have a good signal network that ensures its customers have at a certain location or during particular the best possible coverage at all times. times of the day, you may not be able to When possible, and where network get a signal when the wireless antenna design allows, T -Mobile shares wireless is operating at full capacity (i.e. during antenna sites with other providers or peak times of the day), builds on existing structures. As a general rule, additional antennas In some instances, existing structures are needed in areas where wireless are not physically capable of supporting phone and data use is high. This the additional equipment required to increasingly includes residential areas. co-locate a new antenna. Codocation of several providers is not always the best option because a shared antenna site is typically much taller than one used by a single provider. When new antennas are needed, great care and caution is taken to minimize the impact on the surrounding environment. Additional Information For additional and independent information about wireless communications, please visit the following webs ites. Federal Communications Commission www.wireless.fcc.gov Food and Drug Administration wvvw.fda.gov/cellphones National Council on Radiation Protection and Measurements www.ncrponline.org Medical College of Wisconsin www.mcw.edu/gcre/cop/cell-phone-health-FAQ/toc.html D.S. Department of Labor Occupational Safety & Health Administration www.osha.gov/SLTC/radiofrequencyradiation International Commission on Non-Ionizing Radiation Protection www.icnirp.de 'world Health Organization www.who.int/peh-emf/en T Mobi le USA 12920 5.. 38th Street Bellevue, Washington 98005 1b5 Agenda. Information Memos October 7, 2008, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCE - EFH CO. ACTIONS TO BE CONSIDERED: To approve (Or direct Findings of Fact for Denial) a Conditional Use Permit to erect a pylon sign on property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW % of Section 28, subject to the conditions listed in the APC minutes. To approve (Or direct Findings of Fact for Denial) a Variance to allow a pylon sign within 300 feet of an existing pylon sign for property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW 'Id of Section 28, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Lot 4, Block 1, Diffley Plaza was platted with 7 lots in 2003, and is under construction for a grocery store. ➢ The parcel is surrounded by Neighborhood Business (NB) zoned property except to south which contains single-family residential uses, ➢ Access to the site is provided from Johnny Cake Ridge Road to east and Diffley Road to north via private drives. ➢ The proposed pylon sign is in compliance wigh Sign Ordinance requirements except for the proposed spacing to the existing Holiday Stationstore pylon sign to the east. ➢ The applicant stated the proposed location is due to topography sloping down from the required 300 foot location and the limited visibility for traffic at that point. ➢ A neighbor spoke in concern regarding a possible precedent being set which may allow additional pylon signs in the development. ➢ The Advisory Planning Commission held a Public Hearing on September 23, 2008 and is recommending approval of both requests. ISSUES: None. 60-DAY AGENCY ACTION DEADLINE: Deadline expires October 18, 2008 ATTACHMENTS (3 : Location Map on -page Draft September 23, 2x08 APC mi rues on page4gthrough . Staff report on pages through. Eagan Boundary Right-of-way Location Map Park Area ~ park Area tStillding Footprint it ...L9 [ ~ Q~ Q. a q Rnp ° 6 . .resw~ 17 ca D ° Fl, R Subject Site o Fg.R-N. N R LWe R*AC H P3 > n - n Qp R R ~ U p Sq P n 9 p E~ LJ OQ i ~4 a O 6 i~7 q ®M o° _ d q ~ c y~~ 0 a 4 0 4~ Cam; ~ sue, f tS Cy " p f1 n 4 S3 ~ f~ 4 ~ ~ d `Q F n Q.:. _ oil i} 0 o 'o 0 M~ a 7€Y3l? 0 1000 20M Feet Development/Developer. Kowalski's Application: Conditional Use Permit Case No..- 28-CU-11-08-08 N City THIS MAP l5 lhlFEhIDSD FOR REFERENCE USE ONLY fit of Eaiii jJ W d The City of Eagan and Dakota County do not guarantee the accuracy ofthis Information and are r........unity Develcnment Department not responsible for errors or omissions. Advisory Planimig Commission Selxeinbur 3, 2006 pagx it o 112 B. Kowalski's sign' Applicant Name: Diffley 35, LLC Location: 1646 Diffley Read; Lot 4, Block 1, Diffley Plaza Application: Conditional Use Permit A Conditional Use Permit to allow a pylon sign, File Number: 28-CU-11-08-08 Application: Variance A Variance to allow a pylon sign within the 300 feet of another pylon sign. File Number: 28-VA-16-08-08 Planner Thomas introduced this item and highlighted the information presented in the memorandum dated September 18, 2008. She noted the background and history. Mike Whalen, Kowalski's, explained the need for the proposed. location of the pylon sign, Chair Hansen opened the public hearing. Dave Berg, 4287 Gadwall Court, stated concern for. precedent and other businesses. wishing to locate their signs at less than a 300' spacing and asked if other signs have been granted similar Variances. There being no further public comment, `Chair Hansen closed t, public hearing and turned the discussion back to the Commission. Chair Hansen asked staff to respond to Mr. Berg's question. City Planner Ridley responded that other signs have been granted spacing deviations. Member Zoberi stated support for the proposal. Member Zoberi moved; Member Keeley seconded a motion to recommend approval of a Conditional Use Permit to erect a pylon. sign on 'property located at 1646 Diffley Road legally described as Lot 4, Block 1 ©iffleY Plaza; located in the NW of Section 28, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by th6 City Council, and proof of recording submitted to the City. 2. A Sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The sign shall be located'as shown on the Grading Plan dated August 6, 2008. 4. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated September 9, 2008. 5. The sign shall be designed as depicted on the Sign exhibit received September 16, 2008. A vote was taken. All voted in favor. Motion carried: 7-0. Member Zoberi moved, Member Heaney seconded a motion to recommend approval of a Variance to allow a pylon sign within 190 feet of an existing pylon sign for the property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW I/ of Section 28, subject to the following conditions: 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. Add ory Pkinning, [;on mission 5eptcuib 23, 000 5 of 12 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 sign shall meet all other setback and sign requirements per City Code. A vote was taken. All voted in favor. Motion carried: 7-0. l PLANNING REPORT CITY OF EAGAN REPORT DATE: September 18, 2048 CASE: 28-CU-11-08-48 28-VA-16-08-08 APPLICANT: EFH Co. HEARING DATE: September 23, 2008 PROPERTY OWNER: Diffley 35, LLC APPLICATION DATE: August 24, 2008 REQUEST:. Conditional Use Permit and PREPARED BY: Sarah Thomas Variance LOCATION: 1646 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST EFH Co. is requesting approval of ■ Conditional Use Permit to erect a pylon sign; and Variance to allow a pylon sign within 300 feet of an existing pylon sign. The above requests pertain to property located at 1645 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW '/4 of Section 28. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11. Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: L Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. !gyp Planning Report Kowalski's Sign September 23, 2008 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 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 lairds, structures or bur Idings in the same district. 1 Planning Report - Kowalski's Sign September 23, 2008 Page 3 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. BACKGROUNDMISTORY The Diffley Plaza property was platted in 2003 with the creation of seven lots. Lot 1 contains a CVS Pharmacy, Lot 6 contains the Holiday convenience gas station and car wash, and Lot 7 contains the Oak Trust Credit Union. The subject parcel, Lot 4, has a Kowalski's grocery store under construction. The remaining three lots (Lots 2, 3 and 5) are vacant. EXISTING CONDITIONS The subject site is a platted parcel that contains the on-site pond to treat all of the runoff from the Diffley Plaza development and the remainder of the lot is under construction for the grocery store, SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning band Use Designation North Convenience NB, Neighborhood RC, Retail gas/Bank Business Commercial , South : Single-family R-1, Residential LD, Low Density residential Single district (0-4 units/acre) East Vacant NB, Neighborhood RC, Retail Business Commercial West Vacant NB, Neighborhood RC, Retail Business Commercial EVALUATION OF REQUEST Compatibility with Surrounding Area - Neighborhood business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. The subject site is adjacent to single family residential uses on the south, and is bounded by neighborhood business uses on the north, west and east. Sign Ordinance Requirements - Pylon signs not exceeding 27 feet in height and 125 square feet of sign face per side are allowed in commercial areas via the CUP process. The ordinance also states that "No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street." N;~ Planning Report -Kowalski's Sign September 23, 2008 Page 4 Proposed Si-m- The applicant is proposing to erect a Pylon sign generally located at the intersectiolr of the northbound exit ramp of 1-35E and eastbound lane of Diffley Road. The pylon sign would be located within the applicant's property, but would not satisfy the minimum 300 foot spacing requirement from the existing pylon sign on the adjacent Holiday Stationstore property, therefore a Variance is also requested to allow the pylon to be placed 190 feet from the existing Holiday pylon sign. The proposed sign will be internally illuminated, with a masonry base and piers supporting the sign as well as decorative trim along the base of the sign. The materials (E.I.F.S. Crown Moulding, Brick and integrally colored Rock Faced CMU) are proposed to match the building. The Starbucks coffee sign is proposed to be mounted on vertical square tubes, painted to match the main cabinet and will be suspended from the top of the Kowalski's sign, The sign would meet the 27 foot overall height requirement as well as the overall square foot requirement of 125 square feet per face, Landscapin~ - The Landscape Plan indicates that the sign base will be landscaped with low-lying shrubs as well as annuals and perennials. Applicant's Narrative - The applicant submitted a narrative explaining the placement of the sign and the variance request. The proposed location "is based upon the location of the building and the elevation of our property at the NW corner of the lot. Our intent is to maximize visibility to the oncoming traffic and hopefully alleviate any traffic concerns with the right-in/right out access to out lot." APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative states, "We feel that after numerous attempts to locate the sign at the required place, it does not offer enough visibility for traffic from the West, North, South and Fast. The current location of that area is considerably lower than the proposed location". SUMMARY/CONCLUSION EFH Co. is requesting approval of a Conditional: Use Permit to erect a pylon sign and a Variance to allow the sign to be within the 340 foot spacing requirement of an existing pylon sign. The proposed sign meets the Sign Ordinance performance standards in terms of size and height; however, the proposed location requires a variance. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to erect, a pylon sign on property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffey Plaza, located in the NW t/4 of Section 28. If approved, the following conditions should apply. 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. ~~J Planning Report -Kowalski's Sign September 23, 2008 Page 5 - 1 A Sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The sign shall be located as shown can the Grading Plan dated August 5, 2008. 4. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated September 9, 2008. 5. The sign shall be designed as depicted on the Sign exhibit received September 16, 2008. To recommend. approval of a Variance to allow a pylon sign within 190 feet of an existing pylon sign for the property located at 1546 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW %4 of Section. 28. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become mull 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 sign shall meet all other setback and sign requirements per City Code. Eagan Boundary Parcel Area Location'Map Right-of-way Park Area i t Suffding Footprint t. Cl ~ 4 ~ pP P 4 c~ p ff n G7l]no n a ~ ~ F b Subject Site C.S.A. R. No. SP LEY ROAD LI ~Qo g au a R ~ P d 41 ❑mli~ Q F7 I c 4 o au Q a C74Q d Q a q Op n na ~ t ~ o 4 L Qo b 6 as Q = b f3 = E1 it 9000 0 9000 2000 Feat 3 Development/Developer. Kowalski's Application: Conditional Use Permit Case No.: 28-CU-17-08-08 City of Eapn TF41S MAP 15 INTENPED FOR REFERENCE USE ONLY W $ The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 Community Development Department not responsible for errors or ornlss€ons. Current Zoning and Comprehensive Guide Plan EFH Co Land Use Map Conditional Use Permit 28-CU-11-05-08 Zoning Map Q o a Pb o F: Location Culrrent Zoning: JbIlAXY NQAV} c.s..E~ Er aaAb Q Pb NB a Neighborhood Business ti [~S 3 8 mm H~ c3 PD log (2) 0 PD PFf .~y Z sao a saa 1200 roar Comprehensive Guide Plan Land Use Map I 5 LD Location inlPiEt' konuJ c.s.x n avna R 4 ~ Current Land Use Designation; RC v + o ~ 4 Re a Retail Commercial ®S goo, .may Q~ MD ~ ~ Q g ~ ~ 0 M6 6 6Qa 0 6Q0 vxna Fee! ~ ~ Ly - parcel base map !V Von provided by nasrofa County Land Sury~y 0cpartmont Ducrnber 200 S. 'N q XonEng mr---two -mtalaed by City Staff, Cif of Ea FV THIS MAP IS ii'lTI3HDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 3 ` RAE. r y.~ _ji a: F` ~ Y ~ T~ r f - ~nl ON ti:~z r s~t~ B Sr, s `C H. • ~1. ..ff~4.-~~~1 =~~~`}iii"' mss.' ~e 4 /pv N6 yr"SS^w - - - - - - - - - - - - t is ;L a''~~-_ ~ i. i" - ~ i ~ :t. .ILA =Y --.•"•~s`:--_-•~i'•_•." `M1_~=rv_,- i - : _ } :ii r L '_~s•. ~.vt!lt•~." L~• s ti SjA ` •rr i i ? ; t-1 i =j i 13! Lg ~~rrfi; r f`>'~.`^ ' _ I j,' .jk 1.~rfr •1~fr`y-til 'SS L:• ;ISI ] 1 l~~rFr S J- 1fr ,r~:re LiLli r .3 :.13E ".I f u ? a~ A~{ 1{ c>3 r . r,rfl o .i t'i't 3 ~ . • , E i J . r+ r ! 1 • r ! 5t_bi • ~jr ."+5~ 13 € t J nf]31 :~`lt f7~1 •Lt L'-y `M1~.1J - i i{ ! [ ' ~LLI ~ F ~1 35=+'j~. a = E E i } 1 ice- I t ',.4z.. 1€ ~ ~~~';s ~yy~yy1111~ ~i i ~4 ~S3e ~~x..'.~~'-'~E;~~fn~~~'1t ~.tl.1E k _ + \~=ii~~,4 I , Itt i x3~, }•N~-r}s~`~~'-}J'[3'°i'~••••:el X11 i It ` ~ `qkt L',r1= tet. ~ 1 ❑ l y~^'^'~7~~': ~ ._rc E3 .f4 " "g- 133aS f TJ •S tL a~~, t _ r !1t ~ F J3 1 ■ l •t k! ~ o ~ ~ ] F 3 k i •1 _ ' ~ i t i _9 `4 I jk k 's '.~7 t■ a"^°•....- _ E ~S E j s s E - y r F _ ~"1 I E { J •f 1133:3 € ~ f II E1 ' , 1 i - I~ ~ I f I Ej r IIIII. 1 ~ 3 ' 1'El A. 1z ~ r s 1 F ` -~f ill MU 39D1}f 3WN ANNHDP .gip LAN DIFFLEY 35 .u n b e..cut. uwxao>!. ~..i1'.. Jamas R. -Hill Inc. o s a a FINAL GRADING, DRAINAGE, & " i PLAHk5 fNG13tFEitS s€fRltlflRS c g g s^ EROSION CONTROL PLAN ° zua x c~ r cx S- 12c ft- 'j, w.a ssa~~ Era C OMFAIFY am x._ Half [93t}]9D 6 5[ fxL [ASY?a P GxN ]BBB %LST t/AtHIT FOhG i1, Afi1E ~✓Hr 81IRx6491L wH S53'Js ~ ifi W t+ O N M• N N r.~r ~ E:.,a, tzl .me LAY. '1 ~ } Wes, q • 4! ❑ e-,- 4RE ~ .y• s• ~ ~f uy x ~ 'Q ~ ci "=t ~ ~ x x x x x x x ~ cn " n ~ t~Y N V !f C H H F t ^n to U o o f7 Co C3 Q0 CD - -?.L ~DSCAFE PLAN SIGNAGE BY SIGN CONTRACTOR \ E.I.F.S. CROWN MOULDING TO MATCH BUILDING MOULDING a 125 SQUARE FEET 2'x2` BRICK PIER TO MATCH BUILDING FACE BRICK SEE LANDSCAPE PLAN FOR INTEGRALLY COLORED PLANTINGS ROCK FACED CMU TO MATCH BUILDING CMU s- - ~Tn _ - ms`s-~'~.n,-::~; ' - _ ~ ~ `K .w RECEIVED SEP 16 2008 SIGN PLAN E F H Co. General Contractor Auggst 18, 2008 2999 W. County Road 42 Suite 206 Ms. Sarah Thomas BurPnsvifie, Minnesota Planner 55306 City of Eagan 3830 Pilot Knob Road 952-890-6450 Eagan, MN 55122 952-890-5476 Fax RE: Conditional Use Permits and Variance 1 645 Diffley Road Eagan, MN Dear Ms. Thomas: We are requesting a conditional use to allow a pylon sign at I646 Diffley Road, which is currently zoned Neighborhood Business. The surrounding properties are zoned Neighborhood Business along with single family residential to the South. The proposed sign will be no more than 27' in height and will have Kowalski's, Starbucks and Wine listed on the sign. It will be internally illuminated, with a masonry base and piers supporting the sign as well as decorative trim along the base of sign. This sign will be installed after approval and before the opening of the new store in November. We are requesting this Conditional Use Permit based upon the location of the building and the elevation of our property at the NW corner of the lot. Our intent is to maximize visibility to the oncoming traffic and hopefully alleviate any traffic concerns with the right-inJright-out access to our lot. We are requesting a variance also for this sign to have this sign closer than 300' to the Holiday Stationstore sign located along in the NW corner of the adjacent property to the East. I am enclosing a drawing showing the proposed location of our sign as well as the location of the existing pylon sign. The variance will allow the sign to be placed closer to the intersection of the northbound exit ramp of 1-35E and eastbound lane of Diffley Road. As discussed in my previous paragraph, we feel this should offer vehicles the ability to react-to the access location in a safe manner. Please review the attached information and do not hesitate to contact me with any ques 'Pons you may have. Thank you. i el ike alen RECEIVED A G 2 d 2000 Enc. ~`7 Mill EFH Co. General Contractor RECEIVED sEP 1-8,2000 2999 W. County Road 42 Suite 206 Burnsville, Mlnnesoto 55306 952-89"450 September 18, 2008 952-890-5476 Fox Ms. Sarah Thomas City of Eagan 3830 Pilot Knob Road Eagan, MN S 5 122 RE: Conditional- LUse Permit and Valiance, 1645 Diffley Road, Eagan, MN Dear Ms. Thomas: The City of Eagan is in receipt of our application for a conditional use permit acid variance for the pylon sign located at 1646 Diffley Road. We are requesting this variance to place our pylon sign closer than the 300 feet as designated by the City of Eagan's Neighborhood business ordinance. We feel that after numerous attempts to locate the sign at the required place we have concluded that it does not offer enough visibility for traffic from the West, North, South and East. The current elevation of this area is considerably lower than the proposed location. With the Building placement on the site to the East set back on an irwer lot, the proposed location we feel meets a hardship requirement to adjust the location of the pylon sign in relation to the adjacent Holiday Pylon Sign to allow visibility from all directions. Please do not hesitate to contact me with any questions you may have. Thank you. Since 1 , G lice en Agenda Information Memo October 7, 2008, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT (CUB FOODS) - SUPERVALU, INC. ACTIONS TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow a seasonal outdoor on property located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff Lake Centre, in the SW '/4 of Section 29, subject to the conditions listed in the APC minutes. To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow outdoor storage of shopping carts on property located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff Lake Ccntre, in the SW '/4 of Section 29, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ Cub Foods is proposing outside display of retail goods and outdoor storage of shopping carts. ➢ The PD Amendment proposes to locate the outside display within five feet and adjacent to the building, between the entrance and exit doors, with a total display area of 275 sq. ft. The items for sale are seasonal. ➢ The PD Amendment also proposes to locate 150 shopping carts outdoors behind a 54 inch masonry screen wall which would be constructed to match the existing building fac. ad e. ➢ Both proposals would be located upon the existing sidewalk. Four to five feet of sidewalk would remain for pedestrian mobility. ➢ Staffs evaluation in the staff report suggests decorative bollards be placed to delineate the outdoor display area. ➢ The Advisory Planning Commission held a Public Hearing on September 23, 2008 and is recommending approval of both requests. ISSUES: ➢ Some APC members expressed concern with the overall square footage of the outdoor display area. 60-DAY AGENCY ACTION DEADLINE: Deadline expires October 18, 2008 ATTACHMENTS (3)• Location Map on page Ntl Draft September 23, 2008 C nninutes oii pagc4c7t:;-t~irough)l~. Staff report on pages M-through 19 1 . 17J Eagan Boundary MOM. ay Location Map o Par Area Fork k Brea ' Building Footprint i A-1 # a 4 0 0 ~ O~ 0 ~ G A ❑ 4 ' ti~ q _ f ? Subject Site n ° CKJ 4, W 000 ~ Q~ 0 Q ° QJ F lj ~Cnv C1 r~rii b o b G a o z7 a l~ ~ b P Q 0 t]L7 pno ❑ ~_...--a Tr. AIDl~u:nrrA El C1 ❑ fl _ a ~ =a ~o ~M pp fl o ~ pp...•. f~. o o t3 4 41 q fl ~ I-IF F a ~ r. ~ ~ p d D 6 6 ~4 P °a~ ~ o n 0 p t' ❑ n ~ o D a 6 tr ~ ~ 6 ❑ 9 n i] U) Z:l 4Z7 1000 0 1000 2000 Feel DevelopmentlDeveloper. Cub Foods Application: Planned Development Amendment Case No.: 29-PA-15-08-08 City 6 of Eakan THIS NIAF IS INTENDED FOR REFERENCE USE ONLY W E The C€ty of Eagan and Dakota County do not guarantee the accuracy of this €nformat€on and are TITS ca-munley Derelvpm*at RepRrtment not responsible for errors or omissin us. Advisory Planning Commission September 21, 200'0 Page 6 of l.'. C. Cub Foods - Cliff Lake Applicant Name: Supervalu Holdings, Inc. Location: 1940 Cliff Lake Road; Lot 1, Block 1, Cliff Lake Centre Application: Planned Development Amendment A Planned Development Amendment to allow outdoor display of seasonal sale items and outdoor storage of shopping carts. File Number: 29-PA-15-08-08 Planner Thomas introduced this item and highlighted the information presented in the memorandum dated September 17, 2008. She noted the background and history. Ann Thies and Linda Kind, Supervalu Holdings, Inc., discussed the merchandise to be displayed and the seasonal timing of the display. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and tamed the discussion back to the Commission. Members Chavez and Dugan discussed concern for the amount of additional display space and the precedence that may be set. Member Heaney moved, Member Zoberi` seconded a motion tq recommend approval of a Planned Development Amendment to `all6W a seasonal outdoor display area on property located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1= Cliff Lake Centre, in the SW '/4 of Section 29, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The applicant shall revise the Site Plan to provide decorative bollards which will identify the display area. 3. The seasonal.. sales shall be allowed in the area as depicted on the Site Plan dated . ..4,:2008.:.. . September: 4. All signage must meet City Cade requirements. 5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. A vote was taken. Aye: Chair Hansen; Members Zoberi, Keeley, Heaney, Dugan, and Jensen. Nay: Member Chavez Motion carried: 5-1. Member Dugan stated although he voted in favor of the item, he is opposed to the excessive size of the display area. Member Heaney moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment for outdoor storage of shopping carts on property located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff Lake Centre, in the SW'/ of Section 29, subject to the following conditions: l ii4lvkmy flkinninL~ C;illltiis,loo 5c p=ibcv 23, 2008. Page 7 of 12 1, An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Only outdoor storage of shopping carts shall be allowed per the Site Plan dated September 4, 2008. 3, The enclosure shall be made of the same material and shall be of similar color to the principal structure. 4. The applicant shall obtain a building permit for the construction of the masonry screen wall. A vote was taken. All voted in favor. Motion carried: 7-0, 17te l PLANNING REPORT CITY OF EAGAN REPORT DATE: September 17, 2005 CASE: 29-PA-15-08-08 APPLICANT: Supervalu Holdings, Inc. HEARING DATE: September 23, 2008 PROPERTY OWNER: Same APPLICATION DATE: August 20, 2008 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 1940 Cliff Lake Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a seasonal outdoor display area as well as outdoor storage of shopping carts on property located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff Lake Centre, in the SW '1/4 of Section 29. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACRGROUNDMISTORY From 1990-1994, Cub Foods was approved for a Special Use Permit by the City Council for a temporary greenhouse structure located in the parking lot of the Cub Food store at 1940 Cliff Lake Road. The greenhouse structure was approved to occur from early April tuatil the middle of June. The Special Use Permit approved by the City Council for Cub Food's seasonal outdoor sale is considered the same as a Conditional Use Permit in that it runs with the land as long as the use does -not change. Therefore, the existing Special Use Permit provides Cub Foods the required approval to locate the temporary greenhouse on-site without renewal each year provide the greenhouse is placed in the location approved by the Special Use Permit. t-77 Planning Report - Maimed Development Amendment (Culp Foods) September 23, 2008 Page 2 In 1997 Cub Foods received a Conditional Use Permit to allow the seasonal outdoor sale of plants and plant products and the temporary greenhouse structure. Since that time, Cub Foods has installed a greenhouse structure within the parking lot north of the building along Cliff' Lake Road every year. EXISTING CONDITIONS The 7.5 acre site is developed with a 71,792 sq. ft. Cub Foods grocery store. The grocery store is connected with a retail strip center. The building is located on the east end of the property. Access to the site is provided from Cliff Lake Road. A temporary greenhouse and display area is located on the north end of the parking lot and takes up 18 parking spaces from April through the middle of June each year. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Cliff Lake Townhomes PD, Planned Develo meat MD, Medium Density South Cliff Lake Centre PD, Planned Develo meat RC, Retail Commercial East Cliff Lake Shores PD, Planned Development MD, Medium Density West Cliff Lake Townhomes PD, Planned Development MD, Medium Density EVALUATION OF REQUEST Code Requirements - The City Zoning Code allows for seasonal outdoor display as a conditional use within the commercial zoning districts of the city, subject to the adopted standards. The City Code defines seasonal outdoor display as "means to store or exhibit outside a commmercial building a representative sample of merchandise, good or inventory intended for sale, rent or lease in the normal course of the principal occupant's business." Section 11.70, subdivision 22 C.1-2 identifies performance standards for outdoor display and outdoor storage. This proposed Planned Development Amendment will be evaluated relative to these standards. Description of Proposal - Cub Foods is proposing a seasonal outdoor display area and outdoor storage of shopping carts in front of their grocery store. Compatibility with Surrounding Area - Both requests appear consistent with the area. The existing development is commercial retail and this area is considered a part of one of the major commercial developments in the city. Duration - Cub Foods is proposing various items stored seasonally. Typically, there will be no items on display in the winter months of-January thru early April. Gradiny,IStorm Drainage -No new pavement will be added as a result of this request. Planning Report Planned Development Amendment (Cub Foods) September 23, 2008 Page 3 Parkin -Parking is not impacted by this proposal, Seasonal Outdoor Display - Cub Foods is proposing to add a 5 x 55 foot outdoor display of seasonal merchandise to their property at 1940 Cliff Lake Road. According to the applicant, the merchandise will include "spring flowers, hanging baskets, oversize general merchandise such as tables, chairs and umbrellas, fall perennial flowers; pumpkins, wreaths, boughs and other greenery, firewood, salt, and potted trees (1-2 years old)." Outdoor Display Standards Additional standards apply to the evaluation of a Conditional Use Permit for Outdoor Display, The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11. 70, Subdivisions 22.0.1. 1. The display area shall not exceed 60 square feet. The proposed display area is 275 square feet (5 x 55), between the two entrance and exit doors to the store. 2. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. The display area is proposed to be located adjacent to the building and located on the existing sidewalk. To better define the sale area the applicant should install decorative bollards. 3. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. The items are proposed to be located adjacent to the exterior of the building and occupy the first five feet of the existing sidewalk. On average six to 10 pallets of product are proposed to be placed on the sidewalk area. The pallets are typically 4' x 3'4". The maximum height would be eight feet for the hanging baskets. 4. The display area shall not take up required parking spaces or landscaping areas of the principal use. The display area would not impact the required parking or landscaping area. 5. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof. The proposed display items are generally not food related. However, according to the applicant, "to remain competitive in today's market, we find it necessary to have such merchandise and goods available." 5. The sale area shall not interfere with any pedestrian or vehicular movement. The display area will allow a five foot sidewalk to remain between the display area and 30-foot drive- aisle. Outdoor storage of shopping carts - Cub Foods is proposing to store 150 shopping carts outdoors. They presently have 350 carts, which are used regularly, however the interior storage area can only hold 200-250 carts. Outdoor Storage Additional standards apply to the evaluation of a Conditional Use Permit for Outdoor Storage. The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11.70, Subdivisions 22.0.2. 1-79 Planning Report - Planned Development Amendment (Cub Foods) September 23, 2008 Page 4 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (CB) and community shopping center (C'SC') zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (T2) zoning districts, the enclosure may be detached. from the principal building. The carts would be stored behind a 54 inch wall and would be open on both ends to allow the carts to be hushed through. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage is proposed to be in front of the building, similar to the outdoor display area. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The cart storage will be screened from view of the public right-of-way and adjacent property by a 54 inch masonry wall. The wall will be constructed to match the existing building in both color and construction. 4. The storage area shall not interfere with tiny pedestrian or vehicular inovenaent. The storage area will consist of two rows of carts anti 'a masonry wail. The remaining sidewalk for pedestrian movement will consist of four feet. 5. The storage area shall not take up required parking spaces or landscaping areas. The cart storage area would not impact the required parking or landscaping area. 5. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration.. The proposed storage area is already surfaced with a concrete sidewalk. SUMMARY/CONCLUSION The applicant is proposing seasonal outdoor display of retail goods as well as outdoor storage of shopping carts at 1940 Cliff Lake Road. These types of commercial use appear compatible with other uses in this commercial area. The Target store located at the opposite end of the retail center constructed a similar wall to screen their outdoor storage of carts after receiving approval of their Conditional Use Permit in 1993. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a seasonal outdoor display area on property located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff Lake Centre, in the SW '/4 of Section 29. If approved, the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Planning Report Planned Developnwnt Amendment (Cub Foods) September 23, 2008 Page 5 2, The applicant shall revise the Site Plan to provide decorative bollards which will identify the display area. 3. The seasonal sales shall be allowed in the area as depicted on the Site Plan dated September 4, 2008. 4. All signage must meet City Code requirements. 5. The site shall be kept it) a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. To recommend approval of a Planned Development Amendment for outdoor storage of shopping carts on property located at 1940 Cliff Labe Road, legally described as Lot 1, Block 1, Cliff Lame Centre, in the SW '/4 of Section 29. If approved, the following conditions shall apply: 1. An Amendment to the Planned Development. Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Only outdoor storage of shopping carts shall be allowed per the Site Plan dated September 4, 2008. 3. The enclosure shall be made of the same material and shall be of similar color to the principal structure. 4. The applicant shall obtain a building permit for the construction of the masonry screen wall. Hagan Boundary Right-of-way Parcel Area . ~ Park Area Location Map Building Footprint ~ A a ' o Q p O n O O::q.. a ~ ` p La 4 ~ ~ jet=O ~ ~ O R A tic Il ~ 13 p Subject Site Q Q s~ all R 1 ~j ~A® ~o9caQ 4~ f Vj' a C7 [3 L~ ° p - tr C- '0 0 LEN 1 an9 au n'-a1 isawnr'- o--a rFo n ~ aa❑ a' b a o~ ~ o ~~i} P n o ~ 0 a n n FJ 9 0 6. ~ Q o c ~ a n c> o fl ~ q~ d ~ a 47 0 qq' ~ ~ a Q 4Q : Q 6 a p O a rn~eru~cx... q a p. fl d d 1000 0 1000 2000 Feet Development/Developer. Cub Foods Application: Planned Development Amendment Case No.: 29-PA-'15-08-D8 City j q q N of Enka THIS MAP 15 INTENDED FOR RHFERSNCF LESS ONLY W F The City of Eagan and Dakota County do not guarantee the accuracy of W5 information and are 5 Community oevetopmont D.partment not responsible for errors or ornissions. A Current Zoning and Comprehensive Guide Plan Superr►alu Holdings Inc Land Use Map Planned Development Amendment 29-PA-15-08-08 P Zoning Map P Location I PF ; a PD Current Zoning: ®0 ,~4 Q v Pn P0 4 Planned Development PD PD Prll.. H9 n aQe 0 enuNry STATE AID HIGHWAY N1 6 P0 & tr ~ o n e eaa a coo ~2ne root PD ~ _ , .car ~ ~ A G'p p Comprehensive Guide Plan ww• P Land Use Map P Location a~ VM~ „ ~ h6 ez, P el 4 p U 'V Current Land Use Designation: RC ® . 4 ~ 4 C'l. $ Q RC Retail Commercial Ac L ~ a p n ❑ COUNTY STATE AID HWHWAY H0. RC~ p ~ Gila a fi ip00 Fee! .d D $ ~ ~IS d a PQ r' p oc Parcel base map Information proAded by Oakota County Land Survey Department Becmber 2°05. 3 2anEng Infermatlnn mainfaEned dy Clty Staff. City o Ea8 THIS HlRP IS iTtTENaEE} FOR REFERENCE USE L31+iLY The City of Eagan and I3akofa County do not guarantee fho accuracy of this information. S l Q • sA NERTFI ' s. Y v ~ ~ i~,~•e$. ~ ~ c I- X, 0 o F 3,9 n 0 0 _ ~~~pH ~ x Y m {J7 a 'fy - ~ r a z. ~ ° .ten { ~d r ~ a ~ ~ ? Ices m a i m C ; ycle, -t 1 s s ~ a € zq 1 a z -n _1 Q3 y ray J- `s. h z _ u' IT[ rri b ti s. g~ f] r' tv e ASlTE PLAN 9a u • 3 S - I ~ ~ ~n ~ p w[wFwt+l 1 og cum oot7S " . MELIMNAR1~ I' P6- IFF k,4fCE ROAD WKITECTURE i p!G• MEDUNG NOT FOR f' # N I rmAGAN, mm, CONSTRUCTION p WY. 8uL fII~.L W~A 0~4 W ~bN~ Z 5PT~ PLA3J f-'^s°' f~ n;-xm - vue [ost~ n~-veo mti.wr m ru w.rs z ~ a i p _i c eiFe e ill _ F S - ~ ~ ,r~ ! E 96 t9 ~ ; { i O Ad t. It ~ e . ^ ~ ~ otg _ dE ~ ~ ~ ifW ~ 9E ~ s E n z r. f 31 A ~ 31 I r 4 1: °y er Ik A r _ fE 11 - Fr g~ t I' ~I qt~l i. 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TARGET AERIAL 17 ! yr a ~r:z~ REM g, - - ~ J• 8 ~ ,-i'ly~ l~ 3'" I ZE" f•' N Ww h 3 i R-~ iGY` •Yi i TA RrFT F FVATION RECEIVED SEP 082008 REVISED September 5, 2008 RE: Planned Development Amendment Application Premises: 1940 Cliff Lake Road, Eagan, MN Our Facility: #01653 Narrative Our Development Application covers two matters, The first is for Seasonal Outdoor Sales and the second is for Shopping Cart Storage. A. Seasonal Outdoor Sales Want/Timing: We are requesting the City of Eagan to approve seasonal outdoor safes of goods on the front sidewalk between the two entrance/exit doors to our store. This area is approximately 55 feet long and 5 feet deep, measuring from the wail out toward the parking lot. The maximum height would be hanging baskets at 8 feet. The seasonal merchandise would be on pallets (typically 4' x 3' 4") or in bins on pallets and include: spring flowers; flanging baskets; oversize general merchandise such as tables, chairs and umbrellas; fall perennial flowers; pumpkins; wreaths, boughs and other greener; firewood; salt; and potted trees (1-2 years old). This merchandise would be seasonal and not out all at once. For example, during the month of October there would be bins of pumpkins on display. During the month of December there would be wreaths and evergreen boughs on display. During the winter months of .January, February , March and early April there typically would be nothing on the sidewalk. On average, there would be 6-10 pallets of product at a time. To remain competitive in today's market, we find that it is necessary to have such merchandise and goods available. Customers expect to find these seasonal items at their local grocery store. In addition, it creates an inviting, welcoming, and vibrant atmosphere as customers approach the building. The plan would be to use the sidewalk for displays immediately upon approval by the City of Eagan. Existing Land Use: The existing land use is Retail Commercial. Surrounding Land Use: The property is surrounded by Retail Commercial uses and Medium Density housing. Generally to the north and east is Medium Density housing with Park and Recreational Open Space further to the north. Generally to the south and west is Retail Commercial use. Zoning: The property is zoned PD, Planned Development, as well as all of the surrounding property except for the Park area further to the north. Impacts: This Planned Development Amendment would have no impact on the surrounding property and land uses. It would have no impact on City Services. This encompasses a use right in front of the store and within the sidewalk area. Better Land Use: This Planned Development Amendment creates a more efficient use of the land by maximizing potential for customer base, sales, and a vibrant center. Public Benefit: The public benefits by having functional retail facilities that are attractive to consumers, satisfying customer needs and consequently providing a strong, stable tax base, Maintenance: The store has cleaning standards on a 2417 basis which will include daily and hourly monitoring of the Seasonal Outdoor Sales area. They clean under and around pallets so customers have easy access to the merchandise. In addition, such cleaning provides a neat and professional appearance outside in keeping with the appearance inside the store. B. Cart Storage Want/Timing: We are requesting the City of Eagan to approve our building a screened area to house excess carts in the area on the sidewalk to the north of our entrance/exit doors. We presently have 350 carts, which are used regularly, particularly on weekends, The interior storage area will only hold 200.250 carts depending upon how many are baby carts. As a result we have up to an additional 150 carts that need to be screened according to the code. The area for the storage is shown on the attached drawings and is 78 feet long and 5 feet 4 inches wide. The masonry wall will match the main building and will be 54 inches high. It would have push through capabilities. This wall screen would be built within the next 30 days, or as soon after approval as possible. Existing Land Use: The existing land use is Retail Commercial. Surrounding Land Use: The property is surrounded by Retail Commercial uses and Medium Density housing. Generally to the north and east is Medium Density housing with Park and Recreational Open Space further to the north. Generally to the south and west is Retail Commercial use. Zoning: The property is zoned PD, Planned Development, as well as all of the surrounding property except for the Park area further to the north. impacts: This Planned Development Amendment would have no impact on the surrounding property and land uses. It would have no impact on City Services. This encompasses a use right in front of the store and within the sidewalk area. This Planned Development Amendment resolves the problem for our cart storage. Public Benefit: The public benefits by having compliance and not viewing excess carts. l Agenda Information Memo October 7, 2008, Eagan City Council Meeting D. INTERIM USE PERMIT - ALLINA HEALTH CLINIC ACTION TO BE CONSIDERED: To approve (or direct preparation of findings for denial) an Interim Use Permit to allow a mobile diagnostic unit to be parked on the property at 1110 Yankee Doodle Road, located at the southwest corner of Yankee Doodle Rd. and Lexington Ave. in the NE '/4 of Section 15, subject to the conditions listed in the APC Minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is developed with a medical clinic, An Interim Use Permit was approved in 2043 for a three- year term to allow storage of the mobile diagnostic unit on the site. That IUP expired in 2005. ➢ Improvements to the building and site were previously made to accommodate the mobile diagnostic unit. These included adding a concrete pad and paved driveway on the east side of the building, installing a canopy leading from the building to the unit, and installing additional landscaping to screen the unit from views from the public rights--of- way. ➢ This unit is proposed to be on the property up to two days a week during business hours. ➢ A term of 5 years is proposed with this current IUP request. ➢ Allina has been utilizing the mobile unit since 2003, and there have been no complaints and no problems associated with the unit. ➢ The APC held a public hearing on September 23, 2008 and did recommend approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: October 18, 2008 ATTACHMENTS (3 Location Map, page September 28, 2008 APC Winutes,page194 Planning Report on pages hroug P Eagan Boundary Right-of-way Location M p~ p ~ Parcel Area ~ Q Park Area building Footprint fia- cut LLB-'.1 ~ y _:~tirs^~'• 0 ~I t o Subject Site w Q r~ I _CQ ODD U09 E~:~• Q ~ ~ o i~ ~r~~ p i~ O D._ Oip } fla 6 - ; r, /may Q f .r ~ - ~VOp o lii O ~v ~S- - p4 Al O - - ~ v R Q o m [A] E' a 7 ° 4~ 4 O p F}meta - n 6 Cr S a Q p ~ a ~ 3 b 1000 0 1000 2000 Feet Development/Developer. Allina Medical Clinic Application; Interim Use Permit Case No.: 15-lU-01-08-08 Aft~ m3 H My of Eap THIS MAP IS INTENDVO FOR BFFERENCE USE ONLY ~V E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S of omissions. Acivisi~a'_y P1,illlling C onlmissioll September 23, 200,15 pagc ~ of I! E. Allina Medical Clinic Applicant Name: Allina Location. 1110 Yankee Doodle Road; Lot 1, Block 1, Town Centre 100 16th Addition Application: Interim Use Permit An Interim Use Permit to allow a mobile diagnostic unit. File Number: 15-IN-01-08-08 Planner Dudziak introduced this item and highlighted the information presented in the memorandum dated September 12, 2008. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Zoberi seconded a rriotion to recommend approval of an Interim Use Permit to allow a mobile diagnostic unit to be parked on the property at 1110 Yankee Doodle Road, located at the southwest corner of Yankee Doodle Road and 'Lexington Avenue in the NE'/ of Section 15, subject to the following conditions: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate in five years (October 7, 2013). 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a.hearing by the City Council with all interested parties being given. anoppart.unity to be heard. 4. The diagnostic unit shall be located as shown on the approved site plan received by the City on August 18, 2008. 5. The diagnostic unit shall not be parked on the site overnight. A vote was taken. All voted in favor. Motion carried: 7-0, PLANNING REPORT CITY OF EAGAN REPORT DATE: September 12, 2008 CASE: 15-IN-01-08-08 APPLICANT: Allina Medical Clinic HEARING DATE: September 23, 2008 PROPERTY OWNER: Allina Medical Clinic APPLICATION DATE: August 1 9, 2448 REQUEST: Interim Use Permit PREPARED BY: Pamela Dudziak LOCATION: 1114 Yankee Doodle Road COMPREHENSIVE PLAN: SA, Special Area ZONING: LB, Limited Business SUMMARY OF REQUEST Allina Medical Clinic is requesting approval of an Interim Use Permit to allow a mobilc diagnostic unit to be parked on the property at 1 110 Yankee Doodle Road, located at the southwest corner of Yankee Doodle Road and Lexington Avenue in the NE'/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 6 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and. E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 1 Planning Report - Allina Medical Clinic September 23, 2008 Page 2 City Code Chapter 11, Section. 11. Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger-the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in m connection therewith are being and will be complied with. BACKGRGUNDMISTDRY The facility was constructed in 1996. The site was designed to accommodate a future expansion of both the building and parking lot. An Interim Use Permit for the mobile diagnostic unit was approved in 2043 for a 3-year term. It recently carne to our attention that the previous fup has 1a~ Planning Report Allina Medical Clinic September 23, 2008 Page 3 , expired. Allina continues to have need for the mobile unit and therefore, is applying for a new IUP for a 5-year team. EXISTING CONDITIONS The building is located to the northeast, with parking to the south and west. Improvements to the building and site were made in 2003 to accommodate the mobile diagnostic unit. These included adding a concrete pad and paved driveway on the east side of the building, installing a canopy leading fiom the building to the unit, and installing additional landscaping to screen the unit from views from the public rights-of-way. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Promenade Oaks PD, Planned Development CA, Central Area Townhomes South Offices/daycare LB, Limited Business SA, Special Area East Avalon A artments R-4, Residential Multiple HD, High Density West Bank LB, Limited Business SA, Special Area EVALUATION OF REQUEST Compatihiiity with Surrounding - Outside storage is generally not considered compatible with the subject site or the area surrounding. However, the purpose of the Interim Use Permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district ora a temporary basis as deemed appropriate by the City Council upon recommendation of the Advisory Planning Commission and benefit the public good. This specific proposal involves outside storage of a mobile diagnostic (MRI) unit for up to two days a week during business hours at the Allina Clinic located on the southeast corner of Yankee Doodle Road and Lexington Avenue. Allina has been utilizing the mobile unit since 2003, and there have been no complaints and no problems associated with the unit. Proposal - Allina Medical Clinic is proposing to continue. to park a mobile diagnostic unit on the east side of the clinic building. The mobile unit allows the clinic to have direct access to the unit a couple days a week. Since Allina's need for the unit is limited, it is expected to be on-site for two days per week. The mobile unit is a cost-effective way to provide this service within the community. The unit is proposed to be on-site only during business hours, and is not proposed to remain oven-fight. The diagnostic unit is powered by a connection to the main building, so an exterior generator will not be used, No additional site improvements are proposed at this time. Planning Report Allina Medical Clinic September 23, 2008 Page 4 Terra Allina is requesting a term of five years for the current interim use request. This term would begin with the Council action and run until 2013. SUMMARY/CONCLUSION Allina Medical Clinic is requesting approval of an Interim Use Permit to allow a mobile diagnostic unit to be parked on the property at 1110 Yankee Doodle Road, Iocated at the southwest corner of Yankee Doodle Road and Lexington Avenue in the NE'/4 of Section IS. The diagnostic unit is proposed to be parked on the east side of the building. A term of five years is requested. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow a mobile diagnostic unit to be parked on the property at 1110 Yankee Doodle Road, located at the southwest corner of Yankee Doodle Road and Lexington Avenue in the NE'/4 of Section. 15. 1, The Interim Use Permit shall be recorded at Dakota County within 50 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate in five years (October 7, 2013). 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The diagnostic unit shall be located as shown on the approved site plan received by the City on August 18, 2008. 5. The diagnostic unit shall not be parked on the site overnight. j~~ Eagan Boundary Right-of-way Location Map Q Park Area Area Building Footprint 1 ~ .h~ ,t•• ~3V S D i , ~~rs lt~•L,r - - E~~~~ ^~S6ac o Subject Site r sow xon - 99 D17 Q13 I}L3 ©itff [i1 _ V Q 6 ° ea~ gna 4 p' ~ ~4 n ° gay ~ Q y a - 12 ~3 - C:D Q 4000 0 1000 200D Feet Development/Developer. Allina Medical Clinic Application: Interim Use Permit Case No.; 15-IU-01-08-08 City 0 Ea aIl THIS TRAP 1S INTENDED FOK FtEFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 1115 ~~rn~nun~ev n-I.-nt Dcoart-1 not responsible for errors or amisslons. Current Zoning and Comprehensive Guide Plan Land Use Map E Allina Medical Clinic Interim Use Permit 15-IN-01-08-08 Zoning Map R - a F - Location Current Zoning: EE DOD PLR ROAD; SA ~ Special Area P PD Le R-a E mat d q ~a pg AgA 9®9a DODI e ~ p ~ ~ ~o ❑Q"o t4 Q D P-4 H 6 F5`C+v ~7 6❑❑ - fl 6❑o SsaO FeaS sx A a~ €p4~q Comprehensive Guide Plan Land Use Map u P _ 5A a _ 11 8P i Location Current Land Use Designation. EQQOaLeIQno) E SA SA - HD p A p LB Limited Business Y ~ lEi38 aI HEI n6 04,1 D 0 peg V . P oq [ a ~A IsD fi3~ ~ • m _ n ~ d~ ~ ap 8 ~ ~9.~ Cko OF.~ A o aoa ❑ saa txaa FaeS e „ a _ ~ IV Parcel base p' formation provided by ❑akaW county Land Srsrvsy peparlment DceW 6eF 211U5. f'r] D XenEng 3nTorEnafinn WAI.W~yad by City stff, city of E{1~L171 t~❑~ V~yA, U THIS MAP IS INTENDED FOR REFERENCE USE ONLY The C[tv of Eagan and Dakota CougV do not guarantee the accuracy of this Information. 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T r ~.+c• ua'~E.i_}~ .Y - 3_ r'~PR'I` kx'. ylS a'i x-~.,Y''.a~-.w„ .s,-,~•5~->wx..s.... ---r-.~--` ~Si•-&y~~'~h.i~~?~=-,,~Z2Z`,w•:~,~`~ f u4-- ~'7-k •'~.'B''.^.i~:7'e_i 'g 5x••¢-• 1-3"` '^s $a"" - i~ F F c':•~.~"_'-r j ...i ~ 5 $ T. w+ •~^.1 "~-}Y ° - _ ~ - ._.>G ~ VIII. '.~~...~~'a r~ o _ r v y a ,~3s~ _,-i='rc~~~i~~~ ~ ''taxna.~~~S-~ •Y ~ ..i~'e~'•. ^t Y~~~ - s : •'s__ - ew,s~-ss`, g~-•'x ~ ~-~-y., Y ~ `.i : .-.~ci re~~«~r. ~ra_. • ! 3 C OVO, oplo 5101 t07 cpd D ~ - I cn Z V) a U)Z~° CT~d R @ 0~-' C~' w i 1 ~ 1 ~ s _ . r. r z= ~a i-Jtl NIP i 3 E c- ~~~s~ Eagan 1 110 Yankee Doodle Road Eagan, MN 55121 651.454-3974 Fax 651-905-5059 nfv«.allilla.com fAV ALLI NIA MEDICAL C-1.11Nic Adorn HosPi.tals & Clinz.cs August 18, 2008 Ms. Pamela Dudziak City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1827 Dear Ms. Dudziak: Please find enclosed information required in order to obtain an interim use permit and approval for Allina Medical Clinic Eagan's mobile diagnostic unit. Also enclosed are the required fees and deposits. We are requesting the interim permit valid for a period of five years. Project Description AMC Eagan is requesting an interim use permit to allow a mobile diagnostic unit to temporarily parked immediately adjacent to our clinic on the East side (Lexington) of our current building. An awning and protected walkway will enhance the visual effects and also provide protection for our patients transferring from the clinic building to the mobile diagnostic unit. 1 have provided a photo's for your review. The mobile unit will be parked two-half days per week initially (days to be determined). PLEASE NOTE: This mobile unit will depart daily from this location and will not be permanently parked at our facility. This mobile diagnostic unit will enable us to better serve the health care needs for the patients within our community. To support this mobile unit we have installed a concrete pad and extended our blacktop driveway. We have also done extensive landscaping. Current zoning inclusive of and surrounding AMC Eagan's site are both multi-residential and office-commercial. .fin Pquai (]+pu y~q~r Em1&%w Site Layout See attachments Landscape Plan See photos We look forward to your response and thank you for your consideration. Please feel free to contact me if you require any additional information. Sincerely, Margret Kyne District Director, AMC Eagan Cc: Sharon Wenda, clinic manager Agenda Information Memo October 7, 2008, Eagan City Council Meeting E. PLANNED DEVELOPMENT AMENDMENT - HOLIDAY STATIONSTORES, INC. - - - - - - - - ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Planned Development Amendment to expand the gas pumps located at 3044 Holiday lane, legally described as Lot 1, Block 2, Oakvicw Center in the NE % of Section 15, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: The applicant is requesting approval of a Planned Development Amendment to permit additional gas pumps and an expansion of the canopy at the Holiday located at 3044 Holiday Lane. The site contains an existing convenience store with car wash, a single-loaded canopy sheltering 5 fuel pumps, and a separate diesel canopy. The proposal is to add 5 more fuel pumps in a double-loaded configuration, and expand the canopy to the west. Existing parking stalls will be eliminated to facilitate circulation through the site with the new pumps, and the expanded canopy will be designed to match the existing. ➢ A new non-illuminated fascia will be added to the entire canopy, and also to the existing diesel canopy, along with new illuminated channel letter signagc on the canopies. One parking island will be removed and an existing tree relocated. ➢ The APC held a public hearing on September 23, 2008 and (lid recommend approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: October 20, 2008 ATTACHMENTS ( Location Map, pages t}nxgl June 24, 2008, APC minutes, page tt i Planning Report, page through Eagan Boundary Right-of-way lA Location Map Parcel Area ~ Park Area ~ Building Footprint O ' 0 kcr~ ~LnF L::T Subject Site ~I± Q 4 0 ~9ti'r. l:} P •SC'' ~ V ~ a zq- D • D ° 6 ,+N D o p 4 4. e v ~ e ;F p ❑ o 13 5 •r". 3..3 ~ n Ro k eras ~ " i ~ ~ ~ 6 ~ N. D C oC~ op o ~ ~ 9La3tS G 100 2000 Feel Development/Developer, Holiday Stationstores Application; Planned Development Amendment Case No.: 12-PA-44-08-08 THIS MAP 15 1NTE[JI7EA FOR [tEFE12EhFC£ USE U[~1LY Cif of Ealan w>? The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S -4 .ncnnn.iWa for errnrc or ara[ssions. Ad iswy Pl'imlmg Commission Septcmbcr 23, 200,) Page 16 of 12 F. Holiday Station Stores Applicant Name: Holiday Stationstores, Inc. Location: 3044 Holiday Lane; Lot 1, Block 2, Oakview Center Application: Planned Development Amendment A Planned Development Amendment to expand the canopy and gas pumps. File Number: 12-PA-14-08-08 Planner Dudziak introduced this item and highlighted the information presented in the memorandum dated September 17, 2008. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of a Planned Development Amendment to install additional fuel pumps and, expand the gas canopy at 3044 Holiday Lane, legally described as Lot 1, Block 2, Oakview Centers in the NW I/ of Section 12, subject to the following conditions 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are reg&ed for the PD Amendment Agreement: Site Plan Canopy Elevations ■ Site Lighting Plan ■ Signage Plan A vote was taken. All voted in favor. Motion carried: 7-0. 1~ PLANNING REPORT CITY OF EAGAN REPORT DATE: September 17, 2008 CASE: 12-PA-14-08-08 APPLICANT: Holiday Stationstores, Inc. HEARING DATE: September 23, 2008 PROPERTY OWNER: Holiday Stationstores, Inc. APPLICATION DATE: August 20, 2008 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3044 Holiday Lane COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to install additional fuel pumps and expand the gas canopy at 3044 Holiday Lane, legally described as Lot 1, Block 2, Oakview Center, in the NW 1/d of Section 12. AUTHORITY FOR REVIEW PD Amendment-. Chapter 11, Section 11.50, Subdivision 5 states, in pall, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Oakview Center Planned Development was approved and platted in 1999. The Holiday was the first building in this development and was constructed the same year. The initial construction of the Holiday included installation of the streets and utilities throughout the subdivision. Later buildings included the McDonald's restaurant, a three-story hotel, and strip retail center, and most recently, a one-story office building. a~ ~ Planning Report - Holiday Stationstores, Inc. September 23, 2008 Page 2 ' EXISTING CONDITIONS The site is developed with a Holiday convenience store and gas station. The site contains the store with a drive-tluough car wash, a regular fuel canopy on the west side of the building, and a diesel canopy north of the building. The site contains five regular fuel pumps, and one diesel . pump. Access to the site is provided from Holiday Lane to the west and Courthouse Lane to the north. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zoning Land Use Designation North Vacant/Residential PD, Planned Development/ RC, Retail Commercial/ A, Agricultural LD, Low Density East Retail PD, Planned Development RC, Retail Commercial South Hwy. 55/ Right-of-Way/ RC, Retail Commercial Gas station GB, General Business West McDonald's restaurant PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal - The existing fuel canopy shelters five pump islands. The applicant is proposing to extend the canopy to the west, adding another five pump islands in a double-loaded configuration. The existing pump dispensers are proposed also to be replaced with new pump dispensers. The new portion of the canopy will be designed to match the existing. The fascia on both the fuel and diesel canopies is proposed to be refaced with a non-illuminated white panel "with traditional red and blue striping." The signs on the canopies are proposed to be internally illuminated channel letters. Signs are proposed on three sides of the fuel canopy, and two sides of the diesel canopy. This is consistent with the existing signage on the two canopies. Parking - The existing 13 parking stalls along the west side of the site will be eliminated to facilitate traffic circulation through the expanded canopy and new puinps. Four stalls will be relocated to the western corner of the south curb line. The 5,088 sq. ft. building requires a total of 25 parking stalls (one stall per 200 sq, ft.). With the added pumps, and total of 43 stalls are provided- 17 around the building, 4 along the south curb, 20 under the regular gas canopy and 2 at the diesel pumps. Landscaping - One tree south of the westerly driveway is proposed to be relocated because the island it is currently located in will be removed to facilitate traffic flow within the site. Planning Report Holiday Stationstores, Inc. September 23, 2008 Page 3 ` GradinglStorm Drainage - The improvements are proposed to occur within areas that have been previously graded and surfaced with bituminous. The removal of the parking island will create a small increase in impervious area. The site is served by an existing storm pond to the east, and the added impervious will have a negligible impact to the amount of runoff from the site. Access/Street Design Driveway access to the site is provided from Holiday Lane to the west (right-in/right-out only), and fi-orn Courthouse Lane to the north. The site also shares a driveway to Courthouse Lane with the adjacent lot to the east. Site Li Ling - A flush mounted flat lens light fixture to match the existing canopy lighting is proposed to be installed beneath the new portion of the canopy. New pole-mounted lights to match the existing pole mounted lights will be installed on the south and east curb lines. The photometrics show acceptable light levels throughout the site. The existing and proposed fixtures meet typical standards for being downcast and shielded to prevent glare off the property. SUMMARY/CONCLUSION Holiday Stationstores is requesting a Planned Development Amendment to expand the canopy and add more fuel pumps to increase capacity at their store at 3044 Holiday Lane. Existing parking stalls will be eliminated to facilitate circulation through the site with the new pumps, and the expanded canopy will be designed to match the existing. A new non-- illuminated fascia will be added to the entire canopy, and also to the existing diesel canopy, along with new illuminated channel letter signage on the canopies. One parking island will be removed and an existing tree relocated. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to install additional fuel pumps and expand the gas canopy at 3044 Holiday Lane, legally described as Lot 1,'Block 2, Oakview Center, in the NW 1/4 of Section 12. If approved, the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Canopy Elevations • Site Lighting Plan • Signage Plan Eagan Boundary Right-of--way Location Map Parcel Area ~ park Area i building Footprint e ~T _ ~T ❑ I I s am Subject Site 3~C. b~ ❑Ll mil, a~•ra c.:.•..~.: :.••-~~.k.;:`. ~ ° o L~ e~ ' n~ti L1 y op i.. ' :fir ~ ~ P Ci oti o = "ice. - ❑ k zS' '.!x~ iL']f V a a p~ a a 6 ` A r g Qa aka t? 4 a I3 F Ca 1[300 0 1000 2000 Feet Development/Developer: Holiday Stationstores Application: Planned Development Amendment Case No.: 42-PA.;14-08-08 a1 N City of an THIS MAP l5 INTENDED FOR ECEFEREt3CE llSE ONLY Tba City of Eagan and Dakota County do not 9uaranfee the accuracy of this information and are S o.„rt,, t not responsible for errors or Omissions. Current Zoning and Comprehensive Guide Plan Land Use Flap Holiday Stationstores Planned Development Amendment 12-PA-14-08-08 Pd It Zoning Map 09 Z' PI Po yA Current ,Zoning. PD Location RC c.s-p.k. 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Gasoline Islands and Cans Five island additions are proposed to be constructed in-line and directly west of the existing gasoline islands. As part of the project, all new gasoline dispensers are planned for both the new and existing islands and the present canopy will be extended over the new islands to provide coverage from the elements. As a result of expanding the canopy, Holiday will remove the existing lighted canopy facia on both the auto and diesel canopies and reface both with non- illuminated white ACM panels with traditional red and blue striping. A revised lighting and canopy signage elevation plan is included in the submittal. Parkin ~ In order to promote smooth and safe vehicle circulation through the site, Holiday is proposing to eliminate the 13 parking stalls along Holiday Lane, relocate 4 spaces to the south curb line along Highway 55 and cut back the tear-drop shaped island located at the north end of the parking area. Removing the teardrop island will provide conflict free movement into the site and allow vehicles easy access to the southernmost dispensers. City Code requires 1 parking stall for every 200 square feet of gross floor space. The gross floor space of the Holiday Stationstore is 5,088 square feet which would require 25 parking stalls. Holiday's revised plan proposes a total of 42 parking stalls; 17 surrounding the building, the 4 relocated spaces along Highway 55, and another-22 (20 auto and 2 truck) under the canopy at the gas dispensers. Tinxin Pending City approval, construction is planned to begin in the fall with the gasoline island work and canopy footings. Once the footings and islands have been set, the installation of the canopy and removal and replacement of the facia will begin. The new dispensers will then be set in order to bring the new islands on-line. Once on-line, the old dispensers on the original islands will be removed and replaced with new dispensers. The work is expected to be completed in 3-4 weeks time depending on weather. RECEIVED AUG 2 0 2008 Surroundinz Land Uses and Zoning The subject site is zoned PD Planned Development and is surrounded by 5 different zoning categories within 660 feet. The zoning adjacent to the property is as follows; PD to the northwest and southeast, Agricultural to the north and northeast, I-1 to the west, and GB, NB and R-I across Highway 55 to the south/southeast. The make-up of the area is generally Commercial/Industrial in nature with 3 houses located in the Agricultural district to the north and 3 houses to the southeast in the R-I district. fmpacts Surrounding Uses The impact to the surrounding land uses are expected to be minimal in nature as the addition of gasoline islands is intended to more efficiently serve customers needing the services already offered. The removal of the lighted canopy facia will have a positive impact on the surrounding uses by reducing the light generated by the site. Subject Property The impact to the subject property will also be minimal in nature. The proposed improvements will be contained within the area of the property that is already in use to serve customers. There will be a 300 square feet reduction in green space area with the removal of the tear drop shaped island along the westerly property line. City Services The slight reduction in green space will have an insignificant impact on storm water runoff generated from the site. The storm pond that serves the properties within the development is adequately sized to accommodate the additional runoff without compromising the current or future storm water retention needs of the overall development. There will be no other impact to City services or roads. Benefit of the P~n~ect. The proposed project enhances the use of the property by providing more fueling points to more efficiently service the motoring public. Motorists needing fuel will not have to wait in line to gain access the fuel dispensers which could from time to time cause circulation issues on site. The project improves a service that is already offered on site. RECEIVED p;,- ' Agenda Information Memo October 7, 2008, Eagan City Council Meeting F. PLANNED DEVELOPMENT AMENDMENT - DAVID ANSARt (1960 .RAHNCLIFF COURT) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Planned Development Amendment to a]]ow on-sale liquor, add outdoor patio dining and a pylon sign, locate at 1960 Rahncliff Court, legally described as Lot 1, Block 2, Rahneliff.3rd Addition in the NW'/4 of Section 32, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The subject site contains an existing 5,000 sq. ft. restaurant building with a drive-through service window that was constructed in 1989. ➢ The proposed new Mediter7anean style restaurant will include the addition of a bar and on-sale liquor service, video/arcade games, belly dancing entertairnnent, and the availability of hookah tobacco. The applicant also intends to utilize the existing drive-- through service window for talk-out orders. ➢ Proposed modifications to the property include the addition of outdoor patio seating, a new pylon sign, and possible repainting of the roof. ➢ Remodeling of the building includes adding a bar, reconfiguring seating, installing a movable stage for belly dancing, and installing a new exterior door for access to the outside patio area. ➢ The on-sale liquor proposal satisfies the location standards of the ordinance and will be in conjunction with a class I Mediterranean style restaurant. ➢ The outdoor patio is proposed on the west and north sides of the building and will need to be enclosed with a fence and have access from inside the building. ➢ A new pylon sign will be placed in the northwest corner of the site, the same location as the former restaurant's pylon sign. A new sign on the east side of the building is also proposed. Both signs are subject to City Sign Code requirements. ➢ Administrative licenses are required for the on-sale liquor, arcade games and the sale of hookah tobacco products. ➢ The APC held a public hearing on September 23, 2008 and did recommend approval. ISSUES: The APC discussed the proposed removal of the sidewalk on the north side of the building to accommodate the patio. The APC recommended that the 5 parking stalls adjacent to the patio on the north side be eliminated and the patio expanded, subject to l the applicant providing an easement pennitting their use of parking on the adjacent strip mall site. A revised Site Plan showing the expanded patio is attached. ➢ There is no cross-parking easement currently in place, but the City has received confirmation from the neighboring property owner (who also owns the subject site), that they are willing to execute a cross--easement for five parking stalls. The casement document must be provided to the city for review and approval by the City Attorney prior to release of the Planned Development Amendment Agreement for recording. ➢ At the APC meeting, the applicant inquired if they could smoke non-tobacco hookah inside the building. The City Attorney has advised that the State Statutes prohibit smoking of "tobacco or other plant product" indoors - including the non-tobacco hookah products consisting of limit, molasses, or honey. Thus, use of the hool{ah is permitted only outside on the patio, and is prohibited inside the building. 60-DAY AGENCY ACTION DEADLINE: October 20, 2008 ATTACHMENTS (4 kaw9h Location Map, page 5 Revised Site .Plan, page~R~ Tune 24, 2008, APC minutes, page through Planning Report, page throw Eagan Boundary Right-of-way Location Map ~ Parcel Area Park Area Building Footprint C3 4 _ - . - ❑po B IV ° _ o e a~q ❑oa 49, Subject Site ou --m--6~1 U--- 4H"WR 4t•9~--- Cif v v ~ ~4t EZ~l p 13 p i] 0 E ti4~ /j*J Q fi ~ ~ p ~ _ ❑ fl . Q D ~ ~0 - c ~ O C y Jq b a ~ P Q d ~q ¢ O o~ ° 17 Q 4 p p O 9 9 A o ~ p 0 Q ❑ 0 4 ~ ~ p ea ~ p ca p ~ P tfl99 0 1000 2000 Feet Development/Developer. David Ansari Application: Planned Development Amendment Case No.: 32-PA--16-08-08 ~ N City y of E{a4I{~~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E JJJJ 6 The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S cnmmat4ty D-fopm°nt Department not responsible for errors or Dmisslons. NV-id -311S ❑3SIA91J vi mi, r Ail: ~ ~ to r ~ r~ r•.1r ~ _ _4' ~ p~ 7•• m otws Oil 1 LLIJ o 03- x I 3 I" r € If r ~ 33 ti R LD \N% f _ cV J EL LL, g Y L r L € • L c Advi_%ry Planning C'onimis-sion ScptQmbcr 23. -1009 1'aoc i 1 OF 12 G. David Ansari Applicant Name: Mediterranean Cuisine Location: 1960 Rahncliff Ct.; Lot 1, Block 2, Rahncliff 3rd Addition Application: Planned Development Amendment A Planned Development Amendment to allow on-sale liquor, add an outdoor patio and a pylon sign. File Number: 32-PA-16-08-08 Planner Dudziak introduced this item and highlighted the information presented in the memorandum dated September 17, 2008. She noted the background and history. Applicant David Ansari discussed the proposed plan and reasoning for the request. He discussed the hookah tobacco and what it is made of. He requested:fhat non-tobacco hookah be allowed indoors. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed. the public hearing and turned the discussion back to the Commission. City Attorney Gary Huusko responded to the applicant by explaining that the restaurant would have to follow the State Statute on indoor tobacco use. Planner Dudziak explained that standard hookah is only allowed outside. She stated further research would be needed to determine regulations on: non-tobacco Hookah prior to the City Council meeting on this item. There was discussion on the size of the patio arid the proposed removal of the sidewalk on the north side. . Chair Hansen stated concern for people walking in..the drive lane if the sidewalk is removed. He suggested restriping or a reduction of the sidewalk. Member Chavez suggested that the. depth of the parking stalls be reduced and concrete bumpers used to create .a walk way. ' There was discussion regarding the removal of the five parking spaces on the north side to accommodate an extended patio. Mr. Ansari explained that the lease allows them to park on the neighboring lot; therefore the removal of the five spaces would be acceptable. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Rahn Cliff Ct. (formerly Baker's Square), legally described as Lot 9, Block 1, Rahn Cliff 3rd Addition, in NW % of Section 32, subject to the following conditions as amended: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. The patio on the north side should be redyGed in width to FnaiRtaiR a minimum 5' vnuvscwarrr. Add-ial ry t'kmniT3('_r C[7ri mis-,,doo 5c13fe.i bV-r 23. - 00'0 Pagc 12 of 13 4. The outdoor patio shall be enclosed with a fence and have access from inside the building. 5. Any existing trees removed from the site for the remodeling shall be replaced elsewhere on the property. 6. Submission of a revised plan showing elimination of five (5) parking spaces on the north side and expanding the patio in that area. Proof of cross-parking easements should be provided for review by the City Attorney. A vote was taken. All voted in favor. Motion carried: 7-0. V1. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda: . V11. OTHER BUSINESS City Planner Ridley stated a Planning Commission Workshop would be held ori.Thursday, October 9, 2008, from 5:66 p.m. to 7:60 p.m., in the Council Chambers. . VIII. ADJOURNMENT Member Keeley moved, Member Zoberi seconded a motion to adjourn the Advisory Planning Commission meeting at 8:13 p.m. A vote was taken. All voted in favor. Motion: carried: 7-0. Respectfully Submitted by: Dana Keeley APC Secretary.. Worley Recording. Secretary PLANNING REPORT CITY OF EAGAN REPORT DATE: September 17, 2008 CASE: 32-PA--16--08-08 APPLICANT: David Ansari HEARING DATE: September 23, 2008 PROPERTY OWNER: Bolsa West ltd. APPLICATION DATE: REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1960 Rahn Cliff Ct. COMPREHENSIVE PLAN: RC, Retail Commercial TONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow on-sale liquor and add outside patio dining in conjunction with a Class I restaurant at 1960 Rahn Cliff Court, legally described as Lot 1, Block 2, Rahn Cliff 3r' Addition. The proposed Amendment also includes a request for a pylon sign. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. Planning Report David Ansari September 23, 2008 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F, That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adj acent property. (Refer to City Handbook on Solar Access). T. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality .Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain. the Water Quality Management Plan and make the same available to the public." PD Amendment: Chapter 11, Section 11. 50, Subdivision 5 states, in part, l . The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. hi addition, Chapter 5, Business Licenses, requires a liquor license for on-sale liquor. In addition to establishing the conditions of operation, the license requirements include the following: C ~ Planning Report - David Ansari September 23, 2008 Page 3 ` Subd. 5. No person under the age of 18 years shall be employed upon premises except as musicians or to perform the duties of a busboy or dish-washing services in a place defined as a restaurant. Subd. 8. No license shall be granted for a proposed licensed premises that does not meet the special use setback, as defined in the zoning regulations of this Code, from any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for a proposed licensed premises not meeting the special use setback, as defined in the zoning regulations of this Code, from any of the above listed uses when the proposed licensed premises and listed uses are located within the same zoning district and planned commercial development. Subd. 10. On-sale licenses shall be granted only to hotels, traditional restaurants and clubs. Subd. 11. All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit No license shall be held for more than two years without being used. The special use setback is defined as 200 feet to the nearest point on the property line of the lot on which the protected use is located. BACKGROUNDMISTORY The building is a former Baker's Square Restaurant, which was constricted in 1989. The building is approximately 5,000 sq. ft. in area and has a drive-through service window on the south side. EXISTING CONDITIONS The property is zoned PD, Planned Development and is guided Retail Commercial. Access is from Rahn Cliff Court and the site shares access drives with the adjacent strip center to the north and hotel to the south. The property abuts 1-35E to the east. The Baker's Square pylon sign was located on the northwest coiner of the site, adjacent to Rahn Cliff Court. SURROUNDING USES ' The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Retail PD, Planned Development Retail Commercial East 1-35E Ri ht of=Wa Right-of-Way South Hotel/restaurant PD, Planned Development Retail Commercial West Hotel PD, Planned Development Retail Commercial w Planning Report David Ansari September 23, 2008 Page 4 ` EVALUATION OF REQUEST Proposal - The applicant is proposing to establish a Class 1 Mediterranean style restaurant upon this property. As described in the applicant's narrative, the proposed restaurant will include the addition of a bar and on-sale liquor service, video/arcade games, belly dancing entertainment, and the availability of hookah tobacco. The applicant intends to utilize the existing drive- through service window for take-out orders, The on-sale liquor, arcade games and sale of hookah tobacco also require licenses under Chapters 5 and G of the City Code. Proposed modifications to the property include the addition of outdoor patio seating, a new pylon sign, and possible repainting of the roof. Proposed remodeling of the building includes adding a bar, reconfiguring seating, installing a movable stage for belly dancing, and installing a new exterior door for access to the outside patio area. The applicant has provided a site plan and floor plan showing the proposed modifications. On-Sale Liquor - This site appears to he consistent with on-sale liquor licensing requirements. The property is guided and zoned for retail commercial uses, and the on-sale liquor is proposed in conjunction with a Class 1 restaurant. The site is not in close proximity to the specified protected uses (i.e. schools, dayeares, churches). Patio - The patio is proposed on the northwest coarser of the building, Access to the patio is proposed from two locations in the building - an existing door on the north side of the building, and a new door proposed on the west side of the building. The outdoor patio area should be enclosed with a fence and gate, with the area accessible from inside the building. The proposed patio is shown extending between the building and the sidewalk on the west side, and between the building and parking lot curb on the north side. Eliminating the sidewalk on the north side forces patrons to walk in the driving aisle and behind other parked vehicles to get to the sidewalk on the west side that leads to the building's main entrance. The patio on the north side should be reduced in width to maintain at least a 5' sidewalk, which would leave a G' width for the patio. Details of the patio area such as a graphic of the proposed fence, and a seating layout were not provided. The narrative describes the fence patio enclosure as wrought iron fencing with stone pillars placed 10 feet apart. Each of the pillars will also provide lighting for the patio area. The applicant should provide detailed information about the outside seating area and fence enclosure. Parkin - The applicant's narrative indicates seating capacity of the restaurant will be approximately 130. The outside patio provides additional seating, at least on a seasonal basis, although a seating count and table layout was not provided. Seasonal seating, however, is not typically counted in the parking requirements. City Code requires parking for restaurants at a ratio of 1 stall per 3 seats. With 130 seats, a total of 43 parking stalls are required. The site currently provides 44 parking stalls. ~3~ Planning Report - David. Ansari September 23, 2008 Page 5 ' Si_gnage - The applicant intends to install a new pylon sign in the same location as the former Baker's Square pylon sign, and a new building sign on the east side of the building. Any new signs will require a sign permit, and compliance with City Sign Code requirements will be verified at that time. Hookah - State statutes prohibit smoking indoors. However, the applicant is not prohibited by the State statutes, or a Dakota County ordinance, from allowing the hookah on its outdoor patio. Therefore, the proposed restaurant may allow use of the hookah as long as its location is limited to an outdoor area. The sale of hookah tobacco will require a tobacco license from the City. Tree Preservation - Any existing trees removed from the site for the remodeling should be replaced elsewhere on the property. SUMMARY/CONCLUSION The property owner is requesting approval of a Planned Development Amendment to allow on- sale liquor in conjunction with a Class I Mediterranean style restaurant at 1960 Rahn Cliff Ct. The proposal satisfies the location standards of the ordinance, and the operational standards are set out in the licensing section of the ordinance. The outdoor patio will need to be enclosed with a fence and have access from inside the building. Administrative licenses are required for the arcade games and the sale of tobacco products. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Rahn Cliff Ct. (formerly Baker's Square), legally described as Lot 9, Block 1, Rahn Cliff 3~d Addition, in NW %4 of Section 32. If approved, the following conditions shall apply: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. The patio on the north side should be reduced in width to maintain a minimum 5' wide sidewalk. 4. The outdoor patio shall be enclosed with a fence and have access from inside the building. 5. Any existing trees removed from the site for the remodeling shall be replaced elsewhere on the property. l=aVia Boundary Rlght-of-way L ovation Ma ~pParce Arep ark Ae'aa Building Footprint [ s ] a qd 1S 0 ] C! G+G+ 9 Q - V n a' d o 11 P 1 ~.I {3 ~ - p ®R cam L - 00 o c7 _ II~~€€ _ Q O ❑ ❑ ^P C1 ~ 3J ;*W.,. o ` ~ Subject Site Q q . E LEE I 4 t 49 n P ~ P m d i p ~ d D x i7 P I 4 b ❑ ~ Ci ~ ~ 6. Ff q ~ • a o O pS~ x U s? a p ❑ to 6 9 ❑ 13 ~ aa, a ~ ~ ~ ~ o n o ❑ U v o a ti n a goer Q °4 a a ~ Q ~ _ 8 c7 43 q - 900U 0 7~ffD 2000 Feet DevelopmentlDeveloper. David Ansar-i Application: Planned Development Amendment Case No.: 32-PA-16-08-08 City of Eap THIS MAP IS IN £Ni7ER F013 kEFERENCE USE ONLY w T. d 6 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S rammantey oore€apmeat oapaetment not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map David Ansari Planned Development Amendment 32-PA-16-08-08 fJ r"~' Zoning Map d A k _ DD PD P R cOUH TY STAY AID Location Current Zoning; B , RC PP {ZC a 3 Retail Commercial It7 © PID ~ a LS s e b - s 8 PF b <7 © d V 6 p 4 Q P 3 ~ ° ~ ys P ~ e ~y C Q 9 tom- Et ~ Z7 ~ R P q p 8 Ef 8 ~ n too v eQV 12DQ reet _ 0 p w b Comprehensive Guide Plan J~ Land Use Map. 3 r us ° o l.aCatlan covray STAYE Alp a 41k s 10 Current Land Use Designation: QP PD n?s s Planned Development v e 3 V~ a aP 4 s o b 4 PQ 9 a Qt 4 P LID q p s e n ra m D q~ v 9 D 4 4 9 ~ ~ 9 ~ e Q d e p ~ 4 R sea a Qav iP60 Font ~ n ~ - H Parcel ease map Fntvrmallon provided by Dakota County Land Survay acparhncn! Aecmbcr xad5. q Xening €nr---ttcn mzinta€aed by City Stag. 'T' City of Eat 1V E THIS MAP IS IT€Ttih€E]ER FOR REFERENCE USE !7TlLY The City of Eagan and Dakota County do not guarantee the accuracy of this €nformation. 5 - - i' f arc .Fi i r W, egyl, APR. CS, R _ ro- 7 74 i t t € l . k r n ,~~~pppy I--I - _ - tom - SAACIS--F~ 17, j i r~~ J - i f ~ ff " r ~f~r i4 ~ , s ++ff ---ter ~~y _ + • ~ ~ E my r ~ uv A m LrIo - - ~ k ke'rrr. 3 u r7 ! N 10 1 ` f+7 . ~f•4-1 4- I R ru Y ~ rt - 4 T-E PL ,r 7 •t-3 ne•uY .c ad 4`95 oR:: .:xt_ .x. [ :-v 1 ;r'~. 3 i S E [ ki i Tz! F] a ars ra L.i._ i ~ ~ Ej~.-_~ ~4' _ ~Y," 3 ~~n ~T,~ `L".•+ L`r•~ t.-'f 7 .-f___~~[ E Rte: E i 4`E p i r' 3 ' ~ - ~ f a -L if ~ i ~ ` ~ ~ J k ~ v ~ ,gy I Fa F~ i~~' •a W 3 _ 1 _ '1, k ' ~`P-.~, cP } ~ i ! ~ I ~ 7 Ec~'+S.'-r•IA7. - - -.L~ . r~.-• -`tis [F, 1 ~~3k f r4 ~k•~ fF~ j€ . ~I,~.~~_~' ~ O ~ .3r!~~'i~i L-1 j L:. jig; ] 1 i ~ ~.~..+~.J 11 •cr ~ ~ ; i1 ~ ~,a i ! ~ j f ~ / r,A ~ I lull F y--A'r Lam" _L Sw= ';3. 'r.':CC~f 1/a E f F r ( f • Y ° ,C' ! 3 i~E ! ' s Ea 111$ [ 3' ~i•i t a' - W LIM elf ~ . w~TT 1 l Ear - ~ - _ ~~tx . ~ ~ ~ I 111f _!1~ i~~ _ ~ i S G~ L1.- i _ •`i'. r- :l 3 •~[~~n^Y 1 is E :'fin ~Aw i6 E ` ~ I f E Plot '3 - •Y i4~ i „ i ~>n~:~ ~ j i F s; 1` ~~:9• o i Cz;t cam [C 1. 1 J IF, I 1311 11 i i s F- - I6 : i DQFt Paff. lw Ga4a~fT6la+ ;x ri I)nR Pr AAA - ,Plans for Mediterranean Grill and Bar (Name TBD): Our plans include building a bar area on the north-side of the restaurant closer to the bathrooms,. that will have on-sale liquor and games. Games will be arcade games Tike Buckhunter, Goldentee, Silverstrike, etc. We are also planning on building a new outdoor patio area -with a new access door- and it will be enclosed by rod iron fencing with stone pillars placed 10 ft apart, each having lighting. We will need to put up a new sign in the rear of the property facing the highway and may need trees to be cleared/trimmed. (W R kd V-0, LT(• t Z-Io A stage for Belly Dancing will also be built in the center of the restaurant for maximum viewing. We would like to have hookah at least outside on the patio at any time during the day but also after 9 pm inside. Hookah tobacco is not the same as Cigarette or Cigars, the tobacco is flavored(nostly fruits) and is made of 25% tobacco and 75% fruit flavoring, molasses, and/or honey, and has a sweet aroma. ft is a middle-eastern after-dinner social activity. It is made by placing a bowl on top of a water pipe, the bowl is then filled with hookah tobacco and covered with tinfoil, then holes are poked in the tinfoil and a piece of hot charcoal is placed on top. Hours of operation will be G a.m. until 2 a.m. We are going to try to do breakfast and see what kind of response we get, otherwise it will be 10 am opening. Seating occupany will be approximately 130. Expected opening would be between the middle of October and early November 2008. WIE o, ':~q t AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 7, 2408 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING to Consider Resolution for DEED Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting October 7, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority "EDA") may discuss and act on the agenda items for the RDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. • MINUTES -The minutes of the September 16, 2008 EDA meeting are enclosed on pages a~~ aL t MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan; Minnesota September 16, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday September 16, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, and Commissioner Hunter. Commissioner Tilley was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the September 2, 2008 EDA meeting. OLD BUSINESS There were no Old Business items. NEW BUSINESS SCHEDULE PUBLIC HEARING TO CONSIDER RESOLUTION FOR DEED MINNESOTA INVESTMENT FUND APPLICATION FOR EXPANSION OF BIOTHERA AT 3388 MIKE COLLINS DRIVE Community Development Director Hohenstein discussed the application process and the need for a public hearing to consider a DEED funding application for the expansion of Biothera, an Eagan based biotechnology company. Commissioner Bakken moved, Commissioner Fields seconded a motion to schedule a public hearing for October 7, 2008, to consider a resolution to support a Minnesota Investment Fund Application for expansion of Biothera at 3388 Mike Collins Drive. Aye: S Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:03 p.m. Date Thomas Kedges, Executive Director a~ Agenda Memo Eagan Economic Development Authority Meeting New Business October 7, 2008 1. PUBLIC HEARING TO CONSIDER A RESOLUTION FOR DEED FUNDING APPLICATION FOR EXPANSION OF BIOTHERA ACTION TO BE CONSIDERED: To postpone the public hearing to November 6, 2008, to consider a resolution to support a Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive. FACTS: • Biothera is an Eagan based Biotechnology company dedicated to improving immune health. Biothera operates two business groups, a pharmaceutical group focused on an immune therapy drug designed to enhance cancer treatment, and a healthcare group focused on commercializing their technology through patented food-grade ingredients. • The company is planning an expansion that qualifies for DEED Minnesota Investment Fund financing, for which the City would act as a conduit. As a part of the formal process for funding, the City Council is to consider a resolution to support the project application at a public hearing. • Biothera is in the process of preparing the application background for consideration by the City. At its meeting of September 16, 2008, the EDA scheduled a public hearing on October 7, 2008 to consider the resolution, in the event that all background had been completed by that time. • Biothera has since indicated that the preparation of the background material is taking longer than expected and staff has suggested that the public hearing be postponed to November 6, 2008, to provide additional time for that purpose. Biothera has acknowledged that the postponement of the hearing will mean that the commencement of construction will need to be postponed as well. ATTACHMENTS: • None l4 l Agenda Information Memo Eagan Economic Development Authority Meeting October 7, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting.