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02/03/2004 - City Council Regular
l Jy~ AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING February 3, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. Minnesota Recreation and Park Association Award of Excellence: Summer Activities for Youth Grades 5-12 IV. CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS C. CHECK REGISTERS D. APPROVE Closing the Sliding Hill Enterprise Fund into the Community Center Enterprise Fund as of December 31, 2003. 0E. APPROVE Addendum to Fire Station Cleaning Contract dated March 1, 2004 a~ F. APPROVE Revised Vehicle and Equipment Acquisition, Use, and Replacement Policy and authorize the purchase of the three (3) additional vehicles included in the 2004 Part II CIP. 3c~. G. APPROVE Contract 04-03 - Authorize Plans and Authorize Advertisement for Bids (City Wide Street Overlays) 3c,'1 H. APPROVE Final Payment and Authorize City Maintenance for Contract 03-11 (Kennerick Addition Storm Sewer Improvements) / I. AUTHORIZE Preparation of Updated Request for Proposal for Second Round of Proposals for Cedar Grove Redevelopment District for Subdistrict and /or Master Developer Proposals J. APPROVE Resolution Regarding Priority Funding for Cedar Grove Transit Station and Associated Studies / K. APPROVE Resolution Encouraging Dakota County and its Cities to Support Full Funding of State Highway Improvements for Highways 3, 13, and 149 L. AWARD Contract for Project 873R - Water Quality Enhancement - JP 47 ADOPT Findings of Fact - Sowles Properties (Outdoor Storage of a Crane and Setback Variance) N. APPROVE 2005 Community Center Rates O. APPROVE Resolution Encouraging Comcast and Victory Sports to Reach Agreement for the Carriage of Local Sports Programming of Public Interest P. APPROVE the appointment of Assistant to the City Administrator Lord, Director of Community Development Hohenstein, and Planner Cartney as alternate members to the Joint Airport Zoning Board (JAZB) Q. APPROVE Easement Settlement Agreement, Project 771 (Lexington Ave. - Michaletz) R. APPROVE Extension of Recording Final Plat (Piney Woods) - Manley Land Development '7 0 S. APPROVE City of Eagan Donor naming Policy per the recommendation of the APrC T. APPROVE 2004 Tobacco License for K-Liquor V. PUBLIC HEARINGS PIRA. VARIANCE - Marcie Tietjen. A Variance request of 5 feet from the required 10 foot setback for an addition on Lot 24, Block 2, Berkshire Ponds, located at 1973 Covington Lane in the NW '/4 of Section 32. VI. OLD BUSINESS 4 A. CONDITIONAL USE PERMIT AND VARIANCE - Cedarvale Business Center - A Conditional Use Permit for a pylon sign and a Variance to the setback located at 3902-3938 Cedar Grove Parkway in the NE '/4 of Section 19. tl9Y B. PRELIMINARY SUBDIVISION - Epic Development, LLC - A Preliminary Subdivision (Woodland Place) of approximately 6.32 acres to create 14 single family lots, located at 630 and 660 Cliff Road on the SE corner of Cliff Road and Dodd Road in the NW '/4 of Section 36. p a CONDITIONAL USE PERMIT - Sowles Properties, LP - A Conditional Use Permit to allow outdoor storage of trucks, trailers, mobile cranes, cars and construction equipment, located at 3045 Highway 13 in the NW '/4 of Section 9. VII. NEW BUSINESS P 4A A. Planned Development Amendment - Signs Unlimited - A Planned Development Amendment to change the fascia color requirement on Lot 6, Block 1, Thomas Lake Center, located at 1570 Thomas Center Drive in the SW 1/4 of Section 28. 6910 B. Rezoning, Preliminary Subdivision and Preliminary Planned Development - Millerville, Inc. A Rezoning from R-1, Single Family Residential to PD, Planned Development, a Preliminary Subdivision (Lexington Ridge) to create 17 lots and a Preliminary Planned Development to allow townhomes on property located at 4225 Lexington Way South in the NE '/0 of Section 27. FaQv-C. Ordinance Amendment, Chapter 5, Wine, Beer and Liquor Licensing and Regulation VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA P.1,D16A. Acceptance of Contributions to Make History Project Possible X. ECONOMIC DEVELOPMENT AUTHORITY XI. OTHER BUSINESS PaO? A. Resolution Approving a Preliminary Redevelopment, Purchase Option and First Refusal Agreement Between the City of Eagan, Eagan Economic Development Authority and United Properties. (to be continued) XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. I L t MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 30, 2004 SUBJECT: AGENDA INFORMATION FOR JANUARY 20, 2004 CITY COUNCIL MEETING ADOPT AGENDA, After approval is given to the February 3, 2004 City Council agenda, the following items are in order for consideration. Agenda Memo February 3, 2004 RECOGNITIONS AND PRESENTATIONS Minnesota Recreation and Park Association Award of Excellence: Summer Activities for Youth Grades 5-12 ACTION TO BE CONSIDERED: No action needs to be taken FACTS: Donna Tilsner, representing the Minnesota Recreation and Park Association (MRPA) will be presenting to the Parks and Recreation Department the Award of Excellence for the Summer 2002 Activities Guide. The activity guide was a collaborative effort between Eagan, Rosemount, Apple Valley, YMCA and 196 Community Education. The "brain child" of the Department, the brochure was a collection of programs from each agency designed for and offered to the youth of the area, primarily teens. The brochure also contained information on employment opportunities for teens. While the Parks and Recreation Department has received past Award of Excellence, this award is particularly gratifying given the time and effort required in putting together a collaborative partnership and in being the first of its kind. The Award was announced at the recent Annual Meeting of MRPA. 10* Agenda Information Memo February 3, 2004 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 20, 2004 regular City Council meeting, the January 22, 2004 City Council Retreat and the January 6, 2004 special City Council meeting, as presented or modified. ATTACHMENTS: • Minutes of the January 20, 2004 regular City Council meeting are enclosed on pages through /~7 . • Minutes of the January 22, 2004 City Council Retreat are enclosed on page /3 . • Minutes of the January 6, 2004 special City Council meeting are enclosed on pages LY through/3- MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota January 20, 2004 A Listening Session was held at 6:00 p.m. in the Eagan Room of the Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, January 20, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS JOHN KREAGER - RETIREMENT Mayor Geagan presented a Certificate of Appreciation to John Kreager for his 33 `/z years of service to the City of Eagan. CITY OF EAGAN'S STORM WATER POLLUTION PREVENTION PLAN City Engineer Russ Matthys presented a summary of the City's Storm Water Pollution Prevention Plan, a requirement of the National Pollutant Discharge Elimination System Phase II Municipal Separate Storm Sewer Systems permit. Water Resources Coordinator Eric MacBeth made a presentation. CONSENT AGENDA It was requested that item FF be moved to "Legislative and Intergovernmental Affairs Update". Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Consent Agenda with the exception of Item FF. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 6, 2004 Listening Session and the January 6, 2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Dan Schiller as a part-time custodian at the Community Center. 2. It as recommended to accept the letter of resignation from Sergeant Steve Anselmen who will be retiring from the Eagan Police Department in the Spring. 3. For information, the name of the person hired as Facility Operations Supervisor at the Eagan Community Center is Heidi Sedlacek. 4. It was recommended to approve the updated edition of the City of Eagan Personnel Policy, including the new Section 38.7 for an Individual Health Care Savings Plan for FLSA Non-Exempt Non-Collective Bargaining employees, Compensation Ranges G-I, who are scheduled to work thirty or more hours per week. C. Check Registers. It was recommended to ratify the check registers dated January 9, 2004 and January 15, 2004 as presented. D. Tree Maintenance Contractor Licenses. It was recommended to approve Tree Maintenance Contractor Licenses for Rainbow Tree Care and Ciardelli Tree and Landscaping. E. 2004 Service Station Permit. It was recommended to approve a Service Station Permit for Kath Fuel Oil Service Co. I Eagan City Council Meeting Minutes DRAFT January 20, 2004 Page 2 F. Tobacco Licenses. It was recommended to approve Tobacco Licenses for Axels Bonfire Restaurant and Kath Fuel Oil Service Company. G. Lawful Gambling Exempt Permit. It was recommended to approve a Lawful Gambling Exempt Permit for Faithful Shepherd Catholic School to conduct bingo on February 6, 2004 and April 24, 2004 at 3355 Columbia Drive. H. Lawful Gambling Exempt Permit. It was recommended to approve Lawful Gambling Exempt Permit National Wild Turkey Federation to conduct a raffle on March 11, 2004 at 2280 Cliff Road. 1. Lawful Gambling Exempt Permit. It was recommended to approve Lawful Gambling Exempt Permit for Northview PTA to conduct a raffle on February 20, 2004 at 965 Diffley Road. J. National Mentoring Month. It was recommended to approve a Proclamation naming January as National Mentoring Month. K. Memorandum of Understanding. It was recommended to approve a memorandum of understanding proposed by the Gun Club Lake Watershed Management Organization for the City of Eagan to provide administrative services. L. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, Wine, beer and Liquor Licensing and Regulation. M. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. N. Deferred Compensation Plan. It was recommended to adopt a resolution amending and restating the deferred compensation plan in the form of the ICMA retirement corporation deferred compensation plan and trust. 0. Surplus Property. It was recommended to declare certain fire helmets surplus property and authorize their donation to the 2001 Vulcan Krewe. P. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication to modify Chapter 13, Section 13.40, Subd. 3 regarding Variances. Q. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication to modify Chapter 4, Section 14.20 regarding signs. R. CDBG. It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2004 to the Dakota County Community Development Agency. S. Ordinance Amendment. It was recommended to direct staff to work with the Advisory Planning Commission to prepare a draft Ordinance Amendment regarding outdoor storage and bring said amendment through the public hearing process. T. Ordinance Amendment. It was recommended to direct staff to work with the Advisory Planning Commission to prepare a draft Ordinance Amendment to Chapter 11, relative to landscaping and tree mitigation requirements in the Cedar Grove Zoning District (CGD). U. Contract 02-11. It was recommended to approve the final payment for Contract 02-11 (Dodd Road, Cliff Road to 120th Street- Street and Utility Improvements) in the amount of $150,162.33 to Northdale Construction Company, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. V. Project 859. It was recommended to receive the draft feasibility report for Project 859 (Trunk Highway 55 / Lexington Avenue / Blue Gentian Road - Intersection Reconfiguration) and schedule a public hearing to be held on March 2, 2004. W. Proiect 877. It was recommended to receive the draft feasibility report for Project 877 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street, Utility and Trail Improvements) and schedule a public hearing to be held on March 2, 2004. X. Contract 04-02. It was recommended to approve the plans and specifications for Contract 04-02 (Diffley Frontage Roads, Lake Park Shores, Thomas Lake, Lakeside Estates, Wilderness Park 2nd and 3rd Additions - Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 12, 2003. Y. Ordinance Amendment. It was recommended to authorize the preparation of an amendment to Chapter 10, Section 10.01 "Storage, Deposit and Disposal of Refuse" for future consideration. Z. Joint Powers Agreement. It was recommended to approve the eight City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. S Eagan City Council Meeting Minutes DRAFT January 20, 2004 Page 3 AA. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the Final Plat for Wentworth Park Addition, located South of Cliff Road, west of trunk highway 77 and east of Slater Road. BB. Change Order. It was recommended to approve change order number 16 to the Eagan Community Center for ($2,012.00). CC. Final Payment. It was recommended to approve final payment for contracts completed for the Community Center and Bandshell projects. DD. Contract 01-05. It was recommended to approve the final payment for Contract 01-05 (Cedar Grove Access Modifications - Street and Utility Improvements) in the amount of $72,680.53 to S.M. Hentges & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. EE. Tree Preservation Ordinance. It was recommended to authorize staff to revise the tree preservation ordinance. FF. Comments to Proposed Amendments to City of Bloomington - PULLED GG. Silver Bell Road. It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on February 17, 2004. PUBLIC HEARINGS VARIANCE - MARCIE TIETJEN City Administrator Hedges introduced this item regarding a request for a variance to exceed the 10 foot setback for a living space addition by 3 feet located at 1973 Covington Lake. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Ms. Tietjen discussed her request for a variance and indicated that a five foot variance would be required rather than a three foot variance due to a discrepancy in the side yard setback information she provided at the time a building permit was issued for the proposed addition. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Senior Planner Ridley noted that the mailed public notice had specified a request for a three foot variance rather than a five foot variance and that a revised notice would have to be mailed to surrounding property owners. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Variance to exceed the 10 foot living space setback by 5 feet for an addition to the principal structure at 1973 Covington Lane until February 3, 2004. Aye: 5 Nay: 0 PROJECT 894 - COACHMAN LAND CO. / CENTURY POINT AND DONALD COURT STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding a street overlay project for Coachman Land Co, Century Point and Donald Court. Assistant City Engineer Colbert gave a staff report. Mayor Geagan opened the public hearing. Two area residents questioned why investment properties of Alden pond were omitted from being assessed. Access issues and the City's assessment policy were discussed by staff and Council. It was noted that further review of affected properties will be conducted at the time of an assessment hearing. There being no further public comment Mayor Geagan closed the public hearing and turned discussion back to the Council. 6 Eagan City Council Meeting Minutes DRAFT January 20, 2004 Page 4 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 894 (Coachman Land Co., Century Point and Donald Court - Street Overlay and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 CITY ORGANIZATIONAL BUSINESS ACTING MAYOR Mayor Geagan appointed Councilmember Fields as Acting Mayor. OFFICIAL LEGAL NEWSPAPER Motion was made by Fields, seconded by Tilley to approve retention of the Dakota County Tribune as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 CITY COUNCIL MEETING DATES Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the 2004 Schedule of City Council meetings. Aye: 5 Nay: 0 2004 SCHEDULE OF REGULAR COUNCIL MEETINGS JANUARY 6 MAY 4 SEPTEMBER 7 JANUARY 20 MAY 18 SEPTEMBER 21 FEBRUARY 3 NNE 1 OCTOBER 5 FEBRUARY 17 JUNE 15 OCTOBER 19 MARCH 1 * JULY 6 NOVEMBER 1 MARCH 16 JULY 20 NOVEMBER 16 APRIL 8** AUGUST 3 DECEMBER 6 * * * APRIL 20 AUGUST 17 DECEMBER 21 *March 1 rather than March 2 due to caucuses April 8 rather than April 6 due to Passover **November 1 rather than November 2 due to Election Day December 6 rather than December 7 due to Hanukkah (also subject to change due to Truth in Taxation) There will be a Listening Session at 6:00 p.m. before each regular Council meeting. Eagan City Council Meeting Minutes Z January 20, 2004 Page 5 2004 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 29 (tentative) MAY 11 SEPTEMBER 14 FEBRUARY 10 MAY 25 (tentative) SEPTEMBER 28 (tentative) FEBRUARY 24 (tentative) JUNE 8 OCTOBER 12 MARCH 9 JUNE 22 (tentative) OCTOBER 26 (tentative) MARCH 23 (tentative) JULY 13 NOVEMBER 9 APRIL 13 JULY 27 (tentative) NOVEMBER 23 (tentative) APRIL 27 (tentative) AUGUST 10 DECEMBER 14 AUGUST 24 (tentative) CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Tilley seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, approve the changes to the agenda format per the recommendation of the City Attorney and further approve the guidelines/handout for public participation in the City Council meeting. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Maguire moved, Councilmember Tilley seconded a motion to ratify the standing committee and representative appointments as follows: Aye: 5 Nay: 0 Finance Committee: Councilmember Carlson and Mayor Geagan Public Works Committee: Councilmember Fields and Councilmember Maguire Personnel Committee: Mayor Geagan and Councilmember Carlson Minnesota Valley Transit Authority Board: Councilmember Tilley School District 9191: Councilmember Fields and Councilmember Tilley School District #196: Councilmember Fields and Councilmember Tilley School District #197: Councilmember Fields and Councilmember Tilley Community Center / Central Park Operations Committee: Mayor Geagan and Councilmember Carlson Communications Committee : Councilmember Maguire and Councilmember Carlson Advisory Commissions Liaison Assignments: EDC- Mayor Geagan APrC - Councilmember Carlson ARC - Councilmember Fields APC - Councilmember Maguire BETC - Councilmember Tilley MSP Noise Oversight Committee - Councilmember Fields ECVB Board of Directors - Councilmember Carlson and Councilmember Fields Eagan City Council Meeting Minutes January 20, 2004 D p Page 6 F POLICY GUIDELINES FOR ADVISORY COMMISSION APPOINTMENTS AND PROCEDURES Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Guidelines for Advisory Commission Appointments and Procedures Policy. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the policy that background checks be conducted on applicants to the advisory commissions. Aye: 5 Nay: 0 EXTENSION OF COMMISSION APPOINTMENTS TO APRIL, 2004 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the four month extension of all advisory commission terms, in order that all commission terms will be consistent when appointed in April of each year. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. City Administrator Hedges stated the applicant has requested this item be continued until the February 3, 2004 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a conditional use permit and variance for Realty Designs Inc. to February 3, 2004 Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator Hedges discussed this item regarding a request for a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, equipment, materials, and current/late model cars associated with a site plan on the 24 acre site, on property located at 3045 Sibley Memorial Highway and a request for a 30 foot Variance to the front yard setback for the approved outdoor storage items. City Planner Ridley gave a staff report. William Cottrell, attorney representing the applicant, discussed the proposed outdoor storage. The applicant spoke regarding the need for and use of the 113 foot tall crane. Councilmembers held a discussion regarding the visual impact of having a crane located on the property and the recommended condition made by the Advisory Planning Commission to enclose the outdoor storage area with a fence. They stated that a fence would likely be more unsightly than the outdoor storage. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct Findings of Fact for Denial of a conditional use permit to store a 113 foot tall crane on property located at 3045 Sibley Memorial Highway. Aye: 5 Nay: 0 Discussion was held regarding items to be stored on the site and potential future storage. The applicant agreed to continue the item to the February 3, 2004 City Council meeting to allow time to better define the type and amount of outdoor storage. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage of equipment, materials, and current/late model cars associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; Aye: 5 Nay: 0 9 Eagan City Council Meeting Minutes DRAFT January 20, 2004 Page 7 Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial of a 30 foot Variance to the front yard setback for the approved outdoor storage items associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (LONG ACRES) and REZONING MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning of 29.62 acres located east and west of Gun Club Road and north of 120`b Street and a preliminary subdivision to create 51 single family residential lots upon 29.62 acres located east and west of Gun Club Road. City Planner Ridley gave a staff report. Frank Blundetto, representing Manley Development, discussed the proposed subdivision and rezoning. Councilmembers questioned if potential home owners would be notified of the close proximity of the Gun Club. Councilmembers and staff also discussed storm drainage issues, future development on adjacent Rosemount property, a traffic study which was performed by SEH Consultants and the proposed trail system. Two residents expressed concern regarding the close proximity of the gun club, the effect of lead shot going into the wetland and the loss of trees. Steve Sandberg, representing the Gun Club stated the club would like potential buyers to be notified of the existence of the Gun Club. He further stated that the Gun Club will strive to be good neighbors. Councilmember Maguire stated he feels it would be premature to develop this area at this time because of drainage issues. Councilmember Tilley stated she feels the DNR permit should be obtained prior to approval of the proposed development. Councilmembers Carlson and Fields stated the application meets all City Code requirements and should be approved. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of 29.62 acres located east and west of Gun Club Road and north of 120th Street from Agriculture to R-1, Single Family Residential in the SE of Section 36: Aye: 2 Nay: 3 Mayor Geagan, Councilmembers Maguire and Tilley opposed. Motion failed. It was agreed that further discussion should be held at a City Council worksession. Councilmember Carlson moved Councilmember Fields seconded a motion to continue discussion and consideration of a rezoning and a Preliminary Subdivision located at Biscayne Avenue and Gun Club Road in the SE '/C of Section 36 until the February 10, 2004 Council worksession and the regular City Council meeting of February 17, 2004. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) RICH RAGATZ City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Woodland Place Addition) of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road. Senior Planner Ridley gave a staff report. After discussion between Council, staff and the applicant, it was agreed to continue consideration of the request to allow the applicant time to reconfigure Lot 1 so it would meet the 85 foot lot width requirement at the 30' setback which would eliminate the need to vacate all of the Dodd Road Right of Way requested by the applicant. A~ I Eagan City Council Meeting Minutes DRAFT January 20, 2004 Page 8 Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Preliminary Subdivision (Woodland Place) of approximately 6.32 acres to create 14 single family lots, and the vacation of a portion of public right-of-way known as Dodd Road, located at 630 and 660 Cliff Road on the SE corner of Cliff Road and Dodd Road in the NW of Section 36 to the February 3, 2004 Council meeting. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE Consent item FF which was moved from the Consent Agenda was discussed: Approve comments to the Proposed Amendments to the City of Bloomington Comprehensive Guide Plan for the Airport South District, per the Recommendation of the Eagan Airport Relations Commission. Councilmember Fields asked that surrounding cities be notified of Eagan's position regarding the proposed amendments to the City of Bloomington Comprehensive Guide Plan. Councilmember Maguire stated he did not feel an item such as this should be considered on a consent agenda. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve comments to the proposed amendments to the City of Bloomington Comprehensive Guide Plan for the Airport South District, per the recommendation of the Eagan Airport Relations Commission, with Metropolitan Council and surrounding cites being copied on the comments. Aye: 5 Nay: 0 BOARD OF ADJUSTMENTS AND APPEALS Chairman Geagan convened a meeting of the Board of Adjustments and Appeals. Aye: 5 Nay: 0 City Administrator Hedges provided background information regarding an appeal to the City Council's denial of variances requested for property located at 1745 Sartell Avenue in the NE of Section 20. Anthony DeGuerre, representing the applicant, proposed the City not enforce the zoning ordinance per the Ci o Eden Prairie v. Kiepke. Three residents of Sartell Avenue spoke in opposition to the variances. The Board deferred the matter to the City Attorney for further review. Mr. DeGuerre was informed he had ten days in which to submit further information to the Board. Chairman Geagan adjourned the Board of Adjustments and Appeals meeting. Mayor Geagan reconvened the regular City Council meeting at 11:40 p.m. Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting and immediately convene a meeting of the Economic Development Authority at 11:40. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 11:45 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes I)PA Ja nuary 20, 2004 Page 9 OTHER BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION Community Development Director Hohenstein provided an overview of the proposed development agreement. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Resolution approving Amended and Restated Development Agreement relating to Tax Increment Financing District No. 1 Between the City of Eagan, Eagan Economic Development Authority and U.S. Home Corporation. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Resolution Approving Amended and Restated Preliminary Development Agreement Relating to Tax Increment Financing District No. 1 between the City of Eagan, Eagan Economic Development Authority and United Properties. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 11:45. Aye: 5 Nay: 0 Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /2 I ~ MINUTES SPECIAL CITY COUNCIL RETREAT THURSDAY, JANUARY 22, 2004 5:30 P.M. MOONSHINE PARK RETREAT CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. Staff members present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein and City Planner Ridley. 1. CALL TO ORDER The Mayor called the retreat to order. II. DISCUSSION OF DEVELOPMENT AND REDEVELOPMENT TRENDS AND ISSUES The City Council and staff discussed the current and future development and redevelopment within the City of Eagan, which included feedback on the current redevelopment of Cedar Grove as well as their vision for redevelopment for the future. III. OTHER BUSINESS The City Council discussed the State of the City scheduled for March 18, 2004 at 7:30 a.m. in the Council Chambers. The Council unanimously agreed that the Mayor should give the State of the City address. The Mayor suggested that a Community Center exploratory committee be formed to include Clyde Thurston in order to offer their feedback on whether the Community Center is meeting the community's vision and provide recommendations to the City as to how the Community Center can further meet the vision for the services/programs to be provided at the Community Center. IV. ADJOURNMENT The City Council retreat adjourned at 9:05 p.m. 13 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 6, 2004 8:00 P.M. CITY COUNCIL CHAMBERS EAGAN MUNICIPAL CENTER Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. Staff members present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Community Development Hohenstein, City Planner Ridley, Director of Administrative Services VanOverbeke, Police Chief Therkelsen, Communications Director Garrison and City Attorney Dougherty. 1. ROLL CALL & AGENDA ADOPTION Councilmember Maguire moved, Councilmember Carlson seconded a motion to adopt the agenda as presented. Aye: 4; Nay: 0 (Councilmember Fields not present during vote) II. VISITORS TO BE HEARD There were no visitors to be heard. III. REVIEW PROPOSED CHANGES TO THE CITY'S LIQUOR ORDINANCE City Administrator Hedges introduced the item noting that legislative changes to Minnesota Statute 340A, Governing Liquor Licensing and Regulation, and basic housekeeping matters have prompted staff to request consideration of an ordinance amendment to Eagan City Code Chapter 5, entitled Beer, Wine, and Liquor Licensing and Regulation. Councilmember Fields arrived at 8:07 p.m. The City Council discussed eliminating the cap on on-sale intoxicating liquor licenses (37) that can be issued (as allowed by State law, including special legislation). Police Chief Therkelsen and City Attorney Dougherty discussed the regulatory abilities of the City. It was the consensus of the City Council to leave the cap at 37 liquor licenses. The City Council discussed whether to allow 3.2% off-sale malt liquor sales to occur until 2:00 a.m. The Council also discussed clarification to the existing City Code language to allow 3.2% on- sale establishments to serve alcohol until 2:00 a.m., as previously approved by the City Council. The City Council agreed to allow 3.2% off-sale malt liquor sales to occur until 2:00 a.m. The City Council also directed a clarification to the City Code to allow 3.2% on-sale establishments to serve alcohol until 2:00 a.m. i Special City Council Meeting Minutes January 6, 2004 Page 2 The City Council discussed the insurance requirements for temporary beer and liquor licensees. City Administrator Hedges noted that staff was contacted by representatives of the Lions Club who requested that the insurance requirements for temporary license holders be increased. The City Council agreed to the suggested insurance requirements made by the Lions Club, which were $300,000 for injury to any one person and either $500,000 or $600,000 for injury to more than one person. The Council also directed that language be included in the City Code to address both temporary liquor licensees as well as temporary beer licensees. The City Council discussed holiday hours and the days of liquor sales as stated in the City Code. Per staff's request, the Council directed that the language in the City Code be amended regarding holiday hours and days of liquor sales due to the confusion it has posed in the past. The Council noted that there is no change proposed in the hours and days of sales; rather, the change is for clarification purposes only. City Administrator Hedges noted that staff will place the request to direct the City Attorney's office to prepare a draft ordinance amendment on a future City Council agenda to assure that the proper notification is given to any affected license holders. IV. DISCUSSION RE: CITY CODE REGULATIONS FOR NON-CONFORMING USES City Administrator Hedges introduced the item noting that in follow-up to a recommendation by a sub-committee consisting of City Councilmembers Carlson and Tilley, the City Council at its meeting of October 7, 2003 authorized the preparation of an ordinance amendment of the City Code's non-conforming use language to standardize its treatment of non- conforming uses throughout the City and to minimize the likelihood that non-conforming uses be expanded or modified in ways that are contrary to the comprehensive guide or the Council's vision of development and redevelopment of specific areas within the community. Hedges added that since the committee met, staff has reviewed the current non-conforming standards in the City Code, the qualifications of those standards in the Cedar Grove zoning district, and the history of the City's current standards in the context of the intent of non-conforming standards generally. Community Development Director Hohenstein provided a summary of the issue at hand. Hohenstein presented the current non-conforming structures and uses portion of the recently updated Chapter 11, and the non-conforming building and uses portion of the Cedar Grove District. The City Council discussed the current non-conforming use regulations. There was City Council consensus to use the non-conforming structures and use portion of the recently updated Chapter 11 as the uniform standards for the City. Director Hohenstein noted that per the Council's direction, the APC will look at removing the special language for non-conforming buildings and uses currently included in the City of Eagan's zoning regulations for the Cedar Grove District; and rather, will focus on standard regulations for the City as a whole. /J- Special City Council Meeting Minutes January 6, 2004 Page 3 V. DISCUSSION RE: ORDINANCE REGULATIONS FOR RESIDENTIAL OUTSIDE STORAGE City Administrator Hedges introduced the item noting that the City Council had previously reviewed the ordinance regulations for residential outside storage and elected not to take action on a proposed amendment of the City's outside storage regulations as they pertain to the storage of recreational vehicles. Hedges added that in follow-up to a neighborhood concern raised at a Listening Session regarding the outside storage of a variety of items, not limited to recreational vehicles, the Council asked that this discussion be revisited to determine whether additional regulation is warranted at this time. Community Development Director Hohenstein provided a summary of the residential outdoor storage requirements that currently exist within the City Code. Hohenstein thanked City Planner Ridley and the Community Development staff for all the research and information that they compiled. The City Council discussed the outdoor storage that currently is addressed by the City Code, as well as the outdoor storage areas that are not addressed by the City Code. In particular, the City Council discussed three areas that are not currently enforceable under the City Code, which include: lawn and yard maintenance equipment and supplies; construction, remodeling, and building materials; and, recreational and camping vehicles and equipment. City Planner Ridley provided a summary of the complaints received over the past few years in regard to outdoor storage. The City Council discussed whether or not to amend the City Code in regard to outdoor storage. There was Council consensus that recreational and camping vehicles and equipment should be allowed, provided that they are stored either on a driveway or flush/behind the first edge of the house or garage. City Attorney Dougherty noted to the City Council that aesthetics is not enough of a legal basis to amend the City Code in regard to outdoor storage; rather, there must be a health, safety, or welfare concern to warrant the amendment. Councilmember Carlson suggested that staff look at Edina's outdoor storage regulations. There was City Council consensus to begin the public process regarding consideration of an amendment to the City Code to address storage of recreational and camping vehicles and equipment either on a driveway or flush/behind the first edge of the house or garage. The City Council also discussed a possible permitting process and requirements for the amount of impervious surface that could be on a property. The City Council directed staff to acquire more information on this subject and inquire with other cities as to how they handle the amount of impervious surfaces on property. Staff was also asked to include potential parameters should a permitting process be implemented. i Special City Council Meeting Minutes January 6, 2004 Page 4 VI. CEDAR GROVE LANDSCAPING/TREE PRESERVATION City Administrator Hedges introduced the item noting that when the Keystone Communities development was approved, one significant issue was the relationship between the development expectations of the Cedar Grove zoning district and the City's tree preservation ordinance and landscape ordinance. Hedges added that while the staff and Council concluded that the intent of the ordinances was met by considering the two together in the context of the development, the project raised the issue of how development that is encouraged to have higher densities, lesser setbacks, and greater lot coverage can meet the tree preservation and landscaping standards that apply best to more typical suburban development patterns. Hedges noted that the City Council previously directed staff to review the application of these standards to the Cedar Grove District generally and to develop recommendations regarding the treatment of similar situations in the future. Community Development Director Hohenstein provided a summary to the Council of the issue at hand and noted that staff has been reviewing the issue of new urban zoning districts and the impacts of tree preservation and landscaping standards. The City Council discussed the tree preservation and Cedar Grove landscaping standards and directed staff to initiate a code amendment to incorporate language in the Cedar Grove District standards regarding the use of planned developments in lieu of an amendment of the City's tree preservation and landscaping requirements to adjust the specific needs for tree preservation and landscaping requirements within new urban development areas such as the Cedar Grove Redevelopment District. VII. REVIEW 2004 ALLOCATION OF CDBG FUNDS City Administrator Hedges introduced the item, noting that the City of Eagan receives an annual allocation for Community Development Block Grant (CDBG) funds through Dakota County. Hedges added that these funds are available to assist with improvements and services that meet federal objectives for the program to serve low and moderate income populations or removal of slums and blight within the community. Hedges noted that the application deadline for the fiscal year 2004 funding round is January 31, 2004. Lastly, City Administrator Hedges added that the final allocation amounts have not yet been determined by HUD, but the CDA is projecting the allocation to be in the area of $262,600. In addition, the City has yet to expend a portion of its allocation from some previous program years totaling $10,691. If the City reallocates those funds in fiscal year 2004, the total allocation is estimated to $273,300. Community Development Director Hohenstein provided an overview of the program alternatives that could be funded through CDBG funding. The program alternatives highlighted by Mr. Hohenstein include: Cedar Grove Redevelopment, youth and family development services, a sun shelter at Wescott Hills Park, additional street lighting at Wescott Hills Park, a public safety patrol, and the hiring of a Public Safety Neighborhood Resource/Crime Prevention Specialist. Hohenstein noted that the down payment assistance program and the senior housing funding set Special City Council Meeting Minutes January 6, 2004 Page 5 aside, which were previously funded with CDBG funds, are not being proposed in the fiscal year 2004 application. Hohenstein noted that down payment assistance is not identified this year because of the balance remaining in that item for fiscal year 2003 and because the current low interest rates have reduced the activity in the first-time home buyers program as many families are now able to qualify for mortgages in the market and do not need the level of assistance that others have pursued in the past. Furthermore, Hohenstein added that staff is not proposing to set aside money for future senior housing development this year because the CDA does not anticipate construction of their next senior building in Eagan for at least three years. The City Council discussed the priorities for the CDBG money, and noted the current blight within the Cedar Grove area. The Mayor stated that he would prefer not to piecemeal the money. There was City Council consensus to focus funding in the Cedar Grove area, provided the funding meets CDBG/HUD requirements. The Council briefly discussed the Public Safety Neighborhood Resource/Crime Prevention Specialist position, to which Mayor Geagan stated that the position should be proposed and budgeted through the operating budget rather than through grant funding. Police Chief Therkelsen discussed the items proposed by the Police Department. Community Development Director Hohenstein added that the City Council in the future may want to consider a study regarding a rental housing inspection program. Mayor Geagan asked City Administrator Hedges to inquire with the department directors as to what are the upcoming issues needing to be addressed in the next couple of years in the City of Eagan. The City Council discussed the need for a rental housing inspection program. The City Council directed staff to investigate the costs of a rental housing inspection program and seek input from other municipalities that have the program. The Council also asked that staff explore the trends within those cities that do have a rental housing inspection program. The City Council directed that the CDBG funding for 2004 be allocated to two areas: 1) provide a match to last year's contribution towards at-risk/low and moderate income recreational programming; and 2) allocate the remainder of the CDBG funding to the Cedar Grove Redevelopment Area. The CDBG funding application, with the City Council's direction from the workshop, will be included when presented to the Council at its next regular City Council meeting. VIII. OTHER BUSINESS City Administrator Hedges noted that City employee John Kreager recently retired after 33 years of service to the City of Eagan. Per City Administrator Hedges' suggestion, the City Council agreed to recognize Mr. Kreager at an upcoming City Council meeting. Special City Council Meeting Minutes January 6, 2004 Page 6 IX. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:30 p.m. Aye: 5 Nay: 0 Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5001, (TDD phone: 651-675-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. ~9 Agenda Information Memo February 3, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Building Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of Kenneth Larsen as a full-time building maintenance worker at City Hall. Item 2. Resignation/Dispatcher-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Dispatcher Amy Paul. ~D i Agenda Information Memo February 3, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 22, 2004 and January 29, 2004 as presented. ATTACHMENTS: Check registers dated January 22, 2004 and January 29, 2004 are enclosed without page number. a~ Agenda Information Memo February 3, 2004 Eagan City Council Meeting D. APPROVE CLOSING THE SLIDING HILL ENTERPRISE FUND INTO THE COMMUNITY CENTER ENTERPRISE FUND AS OF DECEMBER 31, 2003 ACTION TO BE CONSIDERED: To approve closing the Sliding Hill Enterprise Fund into the Community Center Enterprise Fund as of December 31, 2003. FACTS: • The Sliding Hill Enterprise Fund was opened in 2001 when preliminary development plans for Central Park included a fee-supported sliding hill. • Due to a number of factors, the sliding hill has not been placed into operation, although expenditures in the amount of $20,390 have been incurred, primarily related to initial research and design. • At the January 20, 2004 Operations Committee meeting, staff recommended the Sliding Hill Fund be closed into the Community Center Fund. The Operations Committee directed staff to place its recommendation on the City Council agenda for consideration. ATTACHMENTS: None i AGENDA MEMO February 3, 2004 CONSENT AGENDA: E. Addendum to Fire Station Cleaning Contract date March 1, 2004 ACTION TO BE CONSIDERED: Approve Addendum to Fire Station Cleaning Contract dated March 1, 2004 FACTS: • The cleaning contract Submitted by Maintenance Plus is a 3 year contract starting Marchl, 2004 and extending through February 28, 2007, with a 2% increase in 2005 and 2006. • This contract includes the following services: • Monthly cleaning of stations Bathrooms • Windows As Needed • Replace and feel all toiletries • Empty trash containers • Vacuum Floors • Mop Hall ways and Tile Floors (monthly) • Additional cleaning week of Fire Prevention Week • With this service it allows the Fire Department to continue in focusing areas of Training and equipment maintenance, knowing that the stations are kept clean and presentable to the public. This has been a very pro-active step in our service to the community. c~3 Agenda Information Memo February 3, 2004, Eagan City Council F. APPROVE REVISED VEHICLE AND EQUIPMENT ACQUISITION, USE, AND REPLACEMENT POLICY AND AUTHORIZE THE PURCHASE OF THE THREE (3) ADDITIONAL VEHICLES INCLUDED IN THE 2004 PART H CIP ACTION TO BE CONSIDERED: To approve the revised Vehicle and Equipment Acquisition, Use, and Replacement Policy and authorize the purchase of the three (3) additional vehicles included in the 2004 Part II CIP. FACTS: • As part of the Part II CIP deliberations vehicles and equipment are considered for acquisition and/or replacement in accordance with the above referenced policy. • The increased use and availability of specialty vehicles including SUV's and 4- wheel drive vehicles caused the previous policy to become dated and staff was directed to provide additional information to the City Council before final approval was given to all vehicles proposed to be included in the budget year (2004) of the 2004-2008 Part II CIP. • Staff has revised the policy and evaluated the three vehicles against the criteria in the revised policy. • The balance of the Part II CIP was approved as presented at the November 18, 2003 City Council meeting. • The units in question include a Community Development vehicle (pick up replacing an automobile), an Engineering vehicle (SUV replacing an automobile), and a Water Quality vehicle (SUV replacing an SUV). ATTACHMENTS: • Attached on pages through is a copy of the revised Vehicle and Equipment Acquisition, Use, and Replacement Policy. • Attached on page 33 is a copy of the complete summary of the equipment proposed to be purchased in the 2004 CIP Part II. ~ C~- city of eagan POLICY VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY L PURPOSE AND NEED FOR POLICY This policy will provide uniform criteria for all City departments and operations in the acquisition, use, and replacement of vehicles and equipment. Any deviation from the policy requires approval by the City Administrator through the Part Il CIP review process. The City of Eagan is dedicated to managing its resources in a fiscally responsible manner. Therefore, a specific need should be demonstrated before a new vehicle or new equipment is added to the City's fleet, and every existing vehicle and all equipment should be utilized to its greatest economic extent prior to replacement. The personal use of City vehicles will be delineated to ensure proper accounting and maximum efficiencies of public purpose. The acquisition of additional vehicles and equipment to the City's overall fleet and their replacement should be only as necessary to allow the City to provide the services and perform the duties and responsibilities that are expected by the public within budgetary constraints. IL VEHICLE AND EQUIPMENT ACQUISITION POLICY The many varied aspects of public service provided by the City of Eagan require the use of different types of vehicles and equipment. These include: Type A (Administrative): Vehicles used primarily to transport employees to/from locations of work activity; Type B (Limited Job Assistance): Vehicles that are used to provide both basic transportation and basic assistance to employees in performing their duties. Type C (Job Assistance): More specialized vehicles necessary to assist City employees in performing their duties. Type D (Job Performance): Vehicles and equipment used to actually perform a physical function. The type of vehicle or equipment acquired shall be that which is determined to be most appropriate and cost effective for that vehicle's function or for that equipment's purpose. A. Administrative Vehicles: Administrative vehicles shall be mid-size sedans unless a multi-passenger vehicle is deemed necessary to maximize personnel transportation capabilities. Vehicles necessary to maximize personnel transportation shall be of the minivan class for 5-7 seatbelts or extended cargo van category for 8-10-seatbelts. A vehicle shall be acquired by the City of Eagan and assigned for staff transportation only if one or more of the following occur: 1.) The City has deemed it appropriate to identify the driver and/or passengers as City employees on the way to/from remote work locations or while performing their official duties. 2.) a.) A specific job description results in an employee accumulating a minimum of 10,000 reimbursable miles per year on their personal vehicle traveling to/from alternate work locations; or 1 b.) An operational division has a cumulative staff mileage reimbursement of 12,000 miles per year or more. 3.) The City Administrator has determined that a vehicle should be provided as part of a position's responsibility and meets the requirements of state law. B. Limited Job Assistance Vehicles: In certain circumstances, City provided and equipped vehicles are necessary to allow employees to perform their job functions (Le. protective inspections & building maintenance). In those circumstances, the City shall provide the vehicle with the necessary hauling capacity and equip it with the tools, equipment and devices necessary to allow City employees to perform their duties in the most efficient and safe manner possible. These vehicles may be assigned to specific employees or made available through a pool concept as determined to be most efficient. Limited job assistance vehicles shall be 6 cylinder, 2 wheel drive, standard cab pick up trucks with or without a topper as necessary for the job function. C. Job Assistance Vehicles: In certain circumstances, City provided and equipped vehicles used to carry and store greater quantities and more specialized equipment are necessary to allow employees to perform their job functions (Le., squad car, Engineering survey van/inspection vehicle, utility repair truck, etc.). In those circumstances, the City shall provide the specific required type of vehicle and equip it with the tools, equipment and devices necessary to allow a City employee to perform their duties in the most efficient and safe manner possible. These vehicles may be assigned to specific employees or made available through a pool concept as determined to be most efficient. All job assistance vehicles except squad cars and dedicated maintenance vehicles shall be 6 cylinder, 2 wheel drive, and 4 door and may be minivans, sport utility vehicles, or cargo vans depending on the specific vehicle uses or 6 cylinder, 2 wheel drive, standard cab pick up trucks with or without a topper as necessary for the job function. Specifications for squad cars shall be as determined by the Police Chief in consultation with the City Administrator. Dedicated maintenance vehicles may be 8 cylinder, 4 wheel drive after acknowledgment and approval in the Part II CIP review process. D. Job Performance Vehicles and Equipment: 1.) If a certain specialty type of vehicle or piece of equipment (Le., fire truck, road grader, dump truck, etc.) is deemed necessary by the department to perform a specific work task, it shall be justified in writing by the Department Head and approved by the City Administrator through the Part II CIP review process subject to budgetary constraints. The method of acquisition (purchase, lease, or rental) shall be determined by the Director of Administrative Services and City Administrator. 2.) Specialty pieces of equipment shall be shared interdepartmentally to the greatest extent possible subject to seasonal/usage availability to avoid redundant acquisitions. Upon approval of the Part II CIP by the City Council, acquisition of vehicles and equipment is the responsibility of individual Department Heads in cooperation with the City Clerk. Purchases are subject to State bidding requirements and the City's purchasing policy. Use of joint/cooperative purchasing agreements is encouraged. Any deviation in purchasing protocol is to be approved by the City Administrator. 2 i HI. VEHICLE AND EQUIPMENT REPLACEMENT POLICY A. Minimum Replacement Standards: City owned vehicles should not be programmed or budgeted for replacement until they have met the age, miles or hours as delineated in the targeted minimum replacement standards for the particular vehicle or equipment category (see attached). City resources are allocated on a priority basis and vehicles and equipment will not be replaced just because they have met the targeted replacement standards. Any deviations for early replacement must be justified in writing by the Department Head and approved by the City Administrator through the Part II CIP review process. Department Directors and supervisors are encouraged to actively pursue opportunities to rotate similar type vehicles and equipment to ensure that annual mileage/hours is equalized and to avoid older vehicles or equipment from having few miles/hours. Directors and supervisors are also encouraged to cooperate and make fleet vehicles and equipment available for other departments and functions when possible for the efficient accomplishment of City Business. B. Replacement Evaluation Process: Any vehicle which is being proposed for replacement shall have a Vehicle Condition Index (VCI) completed by the Chief Mechanic/Shop Supervisor for consideration by senior management. The vehicle condition index rating form is attached hereto. In addition to the age, miles, hours, and the condition index rating, operational issues will be given consideration in the Part U CIP review process. C. Disposition of Used Vehicles: Before a vehicle is removed from the City's fleet, the Chief Mechanic shall review all current vehicles of similar type and determine if it would be economically beneficial to switch with another existing vehicle before disposal. Disposal of all vehicles will be coordinated by the Chief Mechanic and Director of Administrative Services to determine the most economical method and time. Upon acknowledgment in the Part II CIP review process and after approval by the City Administrator, vehicles may be retained for continued use by the City for a period not to exceed 9 months from the date the replacement vehicle is placed into service. IV. PERSONAL USE OF CITY VEHICLES City vehicles are not available for take home use by City employees except for the following situations: A. Assigned Take-Home Vehicles: City employees, whose position responsibilities require them to respond directly to a work related situation from their residence outside of normal work hours, will be allowed to use a City vehicle (Type A, B, or C) to commute to/from their place of residence under the following situations: 1.) The need must be justified in writing by the Department Head and approved by the City Administrator. 2.) The employee must live in the City of Eagan. 3 3.) The vehicle is not available for other than diminimus personal use while performing their job duties and/or commuting to/from their place of residence. 4.) Employees will have an equivalent noncash income reported per controlling IRS regulations for any personal usage. 5.) The employee does not receive a car allowance. 6.) Job perfonnance specialty type vehicles (Type D) shall not be made available for personal employee use or commuting. 7.) For scheduled leaves of absence by the designated employee exceeding 1 workday, the City vehicle shall be made available for pool use and remain at the employee's normal place of work. B. Occasional Take-Home Vehicles: A city employee may occasionally use a City vehicle (Type A, B, or C) to travel to/from the employee's resident under the following conditions: 1.) An employee is scheduled to intermittently perform work related activities outside of the employee's normal work hours. 2.) If the City employee has scheduled City business away from their normal work station and the number of miles traveled, or time needed to conduct the business, will be minimized if the employee uses a City vehicle to commute to/from the employee's resident before/after traveling to the place of business. 3.) The vehicle is not available for other than diminimus personal use beyond commuting to/from place of residence. C. Exceptions: Public Safety personnel may use take-home vehicles (Type A, B, or C) under the following conditions. 1.) Vehicles may be licensed with private passenger plates and may contain no external markings identifying it as a City vehicle. 2.) Vehicles are to be used by those employees secondarily to personal/family vehicles. 3.) Only City employees are authorized to drive City vehicles. 4.) Vehicles meeting Condition #2 can be used for personal vehicles on an unlimited basis within the 7-county metropolitan area. 5.) Employees must provide evidence that they have a personal automobile insurance policy. 6.) Employees will have a non-cash income reported per controlling IRS regulations for any personal usage. V. CITY USE OF PERSONAL VEHICLES A. Mileage Reimbursement: 1.) All employees of the City will be paid mileage for use of their personal vehicles and reimbursed for all related legal parking costs while conducting official City business. The mileage rate will be set by the City Council. However, employees are encouraged to use available City vehicles whenever possible while conducting official City business. 2.) Normal personal commuting mileage from home to work or work to home is non- reimbursable. If an employee uses a personal vehicle to travel to a work responsibility on the 4 f~ way to or from work, normal personal commuting mileage shall be deducted from the total trip mileage used to calculate the reimbursement. 3.) Prior to using a personal vehicle and claiming mileage, the employee should first use a City vehicle assigned to their department. If one is not available, the employee should check with other departments regarding the availability of a similar appropriate City vehicle. B. Monthly Allowance: Department Heads, with the exception of Public Safety Department Heads, by virtue of their job responsibilities, are provided the options of an assigned take-home vehicle or a monthly allowance at their discretion upon approval by the City Administrator. The monthly allowance will be as set by the City Council, A monthly car allowance incurs the following conditions: 1.) The monthly allowance covers all business miles driven and all parking costs incurred within the seven-county metropolitan area. Any travel outside this region in a personal vehicle will be reimbursed according to Section V., A- 2.) City vehicles may be used: a. In emergencies when the personal vehicle is not available; b. For work related off-road driving when the personal vehicle would be subjected to conditions above normal wear and tear on a vehicle; c. In severe adverse weather conditions; or d. Where the department head must travel by vehicle outside the seven-county metropolitan area. C. Other Costs: Employees are responsible for all costs related to private vehicle ownership and operation. The City is responsible for all costs related to installation and maintenance of City equipment in the vehicle which is necessary in order that the employee may perform the position's functions. The City is also responsible for all costs related to the removal of such equipment and to the restoration of the vehicle caused by such removal VI. VEHICLE IDENTIFICATION A. Color/City Logo: All City vehicles shall be licensed and marked as appropriate for their specific use as follows: 1.) All Administrative transportation vehicles (Type A) shall be white, mid-size sedans, minivans, or cargo vans, and have the City's name, and vehicle number prominently displayed on the side door panels and on the back of the vehicle. The City's official logo will be applied when it is beneficial to have it displayed to the public as determined by the Department Head. 2.) All Public Works and Parks Maintenance non-administrative vehicles (Type B, C, or D) shall be yellow with the City name, logo, and vehicle number prominently displayed on the side door panel or other highly visible location, except such vehicles assigned to supervisors may be white in color. 3.) All Protective Inspections and Governmental Buildings non-administrative vehicles (Type B) shall be red with the City name, logo, and vehicle number prominently displayed on the side door panel or other highly visible location. 5g c/ 4). Marked police squad/patrol cars shall display the City name, logo and vehicle number, it shall contain lettering identifying it as a police/law enforcement/emergency vehicle. The color of unmarked squad cars and Police administrative vehicles will be at the discretion of the Police Chief as necessary to minimize their detection as a law enforcement vehicle. 5.) Fire Department vehicles shall be red displaying the City's name, logo, and vehicle number and shall contain lettering identifying it as a fire response emergency vehicle prominently displayed on the side door panels. 6.) All Engineering and Water Quality non-eve vehicles (Type B or C) shall be blue with the City name, logo, and vehicle number prominently displayed on the side door panel or other highly visible location. 7.) All other non-administrative vehicles (Type B, C, or D) shall match the color of other similar operational/department vehicles unless a specific written justification has been submitted by the Department Head and approved by the City Administrator. VII. RESPONSIBILITY The City Administrator is responsible for the enforcement of this policy. Department and Division Heads may not deviate from the policy unless they have written approval from the City Administrator. Effective Date: City Administrator. 6 i VEHICLE AND EQUIPMENT CATEGORIES TARGET REPLACEMENT STANDARDS AGE MILES OR HOURS Administrative Sedan 10 100,000 Vans 10 100,000 Limited Job Assistance, Job Assistance, and Job Performance Light Duty: Survey 10 100,000 Inspection 10 100,000 Field Supervisor 10 100,000 Utility Van 10 100,000 Medium Duty: Utility Truck 10 100,000 4 X 4 Pickup 10 100,000 1-Ton Dump Truck 10 100,000 Skidsteer 10 4,000 Hours Fire Rescue or Grass Rig 15 Does not apply Heavy Duty: Single Axle Dump Truck 12 80,000 Tandem Axle Dump Truck 12 80,000 Front End Loader 14 6,000 Hours Road Grader 14 6,000 Hours Backhoe 20 6,000 Hours Tractor 20 6,000 Hours Sweeper 8 5,000 Hours Jetter 20 80,000 Tanker/Flusher 20 8,000 Hours Sewer Vac 20 Does not apply Pumpers 20 Does not apply Police Patrol 10 100,000 7 w o U N N y O w ~ O p a> O y a W) rh ca 12 4~ O O y V O ^ \ r3 o ° Q ca d o 3 c ~ > a "C~ .N O Cj' ~ v N y b N ~ fir' U ~ ~ ~ ~ ~ ~ ° v p+ b bA ~Cd 'O U b ~U. y ~ ~ N y 3 ca b y w° c4 a $ N N y ~ ~ ~ r.: 'G ti ~ O N U ~ ~ Cyr ~ 0 LO C `o jai b e W 0 85 2 o a a O O ^s ~ ~ aka ° y a ~ tg ~ ~ U N y N N ~ .U U ZO ca 41.1 en d ~ a~i' o ~ ~ ~i' vim, o ~ ~ ~ ~ ~ kn U U U U o 0 0 0 ~ o o> v S o ;o v Cd p O ~ CD W G~ a~i O id C 8 y ~N. 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Q c n 7 10 r ` l6 Clt M V U) v E c C M N m c W O w as ' map N = Vd V H~ m~ LL LL CL)I- V W y C4 C Crn$ O Gam Rtp E O p~~ G OOf> i aN 0 co ! ~OOp~f W N W> 1~C0r~_'' O C> CIA NN O E'MC OCIO, W U. M , !n N L L 3 7 7 7 7 7 E V E M CD (A N N °'y e`a~ Cm ~ c. £ NE p ~~j p aC~ n CD 0) 0 CCN Q N N N O Nn N ~1 O O N W 'C L O Gl O V- 12 f Q oaau z z eon ix M 0: z Ix z z 0: a m U CL c , _ E ~I iv al iil w inl al v>I Agenda Information Memo February 3, 2004 Eagan City Council Meeting G. CONTRACT 04-03, COACHMAN LAND/ TERMINAL DRIVE/ BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 04-03 (Coachman Land/ Terminal Drive/ Borchert Lane - Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 26, 2004. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 04-03 provides for the street upgrade and utility improvements of Borchert Lane, southeast of Mike Collins Drive, as outlined and discussed in the feasibility report for City Project 884. • Contract 04-03 also provides for the bituminous overlay of the streets in the Coachman Road area, including Four Oaks Road, Century Point, Donald Avenue, and Farnum Drive (City Project 894), and the bituminous overlay of Terminal Drive from Yankee Doodle Road to Highway 13 (City Project 898), as outlined and discussed in the respective feasibility reports for each of the projects. • On May 20, 2003, the City Council held a public hearing for Project 884. After presentations from City engineering staff and public comment from affected and interested property owners, the Council approved the project, authorized preparation of detailed plans and specifications, authorized the acquisition of easements through the quick-take eminent domain process, if necessary, and directed the preparation of assessable benefit appraisals. • On August 19, 2003, the Council approved the plans and specifications for Contract 03-13 (Borchert Lane - Street & Utility Improvements) and authorized the advertisement for public bids. • On September 11, 2003 formal bids were received for this project. On September 16, 2003, the Council rejected the bids received for Contract 03-13 (Borchert Lane- Street & Utility Improvements) due to the significant cost difference between the estimate and actual low bid. The Council authorized re-advertisement for bids in early 2004. • On December 16, 2003 the Council held a public hearing for Project 898 (Terminal Drive). After presentations from City engineering staff and public comment from affected and interested property owners, the Council approved the project, authorized preparation of detailed plans and specifications and authorized the preparation of detailed plans and specifications. • On January 20, 2004 the Council held a public hearing for Project 894 (Coachman Area). After presentations from City engineering staff and public comment from 3Y i affected and interested property owners, the Council approved the project, authorized preparation of detailed plans and specifications and authorized the preparation of detailed plans and specifications. • Engineering staff has negotiated with the property owner of Lot 1, Block 1 Borchert- Ingersoll Addition, Mr. Peter Lund, for the necessary drainage & utility easement for construction and maintenance of the associated lateral storm sewer improvements under City Project 884. Staff and Mr. Lund have reached a verbal agreement regarding this easement. • Engineering staff anticipates that the necessary regulatory agency permits will be received prior to the bid opening date. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization of the advertisement of bids. 3S_ Agenda Information Memo February 3, 2004 H. CONTRACT 03-11, KENNERICK ADDITION TRUNK STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 03-11 (Kennerick Addition, Ponds HDP-1 to HP-11- Trunk Storm Sewer Improvements) in the amount of $32,081.21 to Friedges Contracting Company and accept the improvements for perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 03-11 provided storm sewer improvements from Pond HDP-1 to Pond HP- 11 and pond improvements for Pond HDP-1 on the north side of Lone Oak Road, west of Pilot Knob Road, to serve the Kennerick Addition and additional adjacent properties, as outlined and discussed in the Feasibility Report for Project 806R. • The work under Contract 03-11 has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. i Agenda Information Memo February 3, 2004 Eagan City Council Meeting Consent 1. AUTHORIZE PREPARATION OF UPDATED REQUEST FOR PROPOSAL FOR SECOND ROUND OF PROPOSALS FOR CEDAR GROVE REDEVELOPMENT DISTRICT FOR SUBDISTRICT AND /OR MASTER DEVELOPER PROPOSALS ACTION TO BE CONSIDERED: To authorize preparation of updated Request for Proposal or Request for Qualifications for Second Round of Proposals for Cedar Grove Redevelopment District for Subdistrict and /or Master Developer Proposals. FACTS: • The City has created the Cedar Grove Redevelopment District for purposes of redeveloping the Cedar-vale retail area and reestablishing the Cedar Avenue-Hwy 13 area as a vital gateway to the City of Eagan. • The City has performed studies, implemented improvements and approved a tax increment financing district to assist in the redevelopment of the area. • The City previously requested and received proposals for redevelopment projects in a number development subareas identified through the redevelopment study process. Some of the proposals have moved forward, resulting in development activity, while others have expired without such activity. • At its retreat on January 22, 2004, the City Council discussed the need to build on the momentum of the approved Keystone and Nicols Ridge projects by inviting developers to submit new proposals for consideration for the remaining redevelopment areas in the district. • The purpose of this business item is to formalize that direction. If authorized, staff will prepare draft requests for Council review and present a recommendation regarding the specific issue of whether to pursue a Request for Proposals (specific to layout and design) or a Request for Qualifications (specific to prospective developer's experience and abilities). • At the retreat, the Council also reiterated support for the general land use expectations for the district subareas, but indicated that respondants should be encouraged to propose an approach to the entire redevelopment area, with a preference for a master-developer of the overall area. ATTACHMENTS: • Cedar Grove Redevelopment Area subdistrict map on page ~P2 ~o d L a ~p co y C a s gLL E c E~ CL fl' D. E O € ♦ V G o a` ~a > ~ V V z a` a 1 U MU I^U o ~ to U C(D 1;) R 0 J U a ro U " a 101 • CD 2L ' s CLpt`~Y t ~ :ate ~ p~,U C } W N O 3 6 r iD 11 pl, W, mo, ti « O `cm mw) .5. ~~~A'•Cr• •=R' ~ ~ ~ > r ~ 3 to G2! SKIN Iff i 7 7 1 .r 'F 1CC >i 4r , T 1 ~b h S v ,c V I I Agenda Information Memo February 3, 2004 Eagan City Council Meeting Consent J. APPROVE RESOLUTION REGARDING PRIORITY FUNDING FOR CEDAR GROVE TRANSIT STATION AND ASSOCIATED STUDIES ACTION TO BE CONSIDERED: To approve a Resolution Regarding Priority Funding for Cedar Grove Transit Station and Associated Studies. FACTS: • The City of Eagan has been an active participant in the Cedar Avenue Transitway Study Committee, a group of County and City representatives which is addressing the means by which public transit needs will be met and traffic congestion can be mitigated on Cedar Avenue from Lakeville to 1494. The Committee has focused on improvements to this corridor that will facilitate Bus Rapid Transit from Dakota County to the Mall of America Transit Station. • As a part of its legislative initiatives for the upcoming legislative session, Dakota County requested up to $20 million in funding in the state bonding bill to support studies, design and improvements for the Cedar Avenue Transitway. The governor is proposing $10 million for this purpose in his bonding bill. The Committee and the Minnesota Valley Transit Commission are to determine the priorities for the use of that funding if it is ultimately approved. • In cooperation with the Committee, the City of Eagan has planned for the development of a major transit station at the west end of the Cedar Grove Redevelopment Area. The station is intended to serve the purpose of relieving congestion on Cedar Avenue by permitting residents in its proximity to have an a non-car alternative for commuting and accessing the region and to support the pedestrian and transit oriented design concepts for the Cedar Grove Redevelopment Program. • Because the funding level proposed in the bonding bill will not meet all of the needs for projects along the corridor, there will be competition among the priorities for improvements along its length. It would be in the interest of the City of Eagan to stress the importance of the Cedar Grove Transit Station from a local and broader area perspective. 39 CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION URGING PRIORITY FUNDING FOR CEDAR GROVE TRANSIT STATION AND ASSOCIATED STUDIES WHEREAS, the City of Eagan has been an active participant in'the Cedar Avenue Transitway Study Committee, a group of County and City representatives which is addressing the means by which public transit needs will be met and traffic congestion can be mitigated on Cedar Avenue from Lakeville to 1494; and WHEREAS, as a part of its legislative initiatives for the upcoming legislative session, Dakota County requested funding in the state bonding bill to support studies, design and improvements for the Cedar Avenue Transitway; and WHEREAS, the governor is proposing $10 million for this purpose in his bonding bill; and WHEREAS, the Committee and the Minnesota Valley Transit Commission are to determine the priorities for the use of that funding if it is ultimately approved; and WHEREAS, in cooperation with the Committee, the City of Eagan has planned for the development of a major transit station at the west end of the Cedar Grove Redevelopment Area. The station is intended to serve the purpose of relieving congestion on Cedar Avenue by permitting residents in its proximity to have an a non-car alternative for commuting and accessing the region and to support the pedestrian and transit oriented design concepts and residential densities integral to the Cedar Grove Redevelopment Program; and WHEREAS, the availability of this station will result in benefits for all users of the Cedar Avenue corridor by relieving such congestion arising because of the concentration of traffic at the Cedar Avenue and Highway 13 interchange; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan encourages Dakota County, the Cedar Avenue Transitway Committee and the Minnesota Valley Transit Authority to commit a substantial portion of the state bonding funds committed to the Cedar Avenue Transitway to the detailed evaluation, design and construction of the Cedar Grove Transit Station and associated access improvements. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of January, 2004. Maria Petersen, City Clerk Agenda Information Memo February 3, 2004 Eagan City Council Meeting Consent K. APPROVE RESOLUTION ENCOURAGING DAKOTA COUNTY AND ITS CITIES TO SUPPORT FULL FUNDING OF STATE HIGHWAY IMPROVEMENTS FOR HIGHWAYS 3, 13, AND 149 ACTION TO BE CONSIDERED: To approve a Resolution Encouraging Dakota County and its Cities to Support Full Funding of State Highway Improvements for Highways 3, 13, and 149. FACTS: • The City of Eagan has worked with the state, county and other jurisdictions to insure that adequate capacity is available in the local and regional transportation system. These efforts have included joint planning, cooperative funding and other efforts to insure that connections and upgrades occur, that bottlenecks are reduced and that alternatives are available for those traveling to and through the area. • As public resources are limited and residential and business growth continues in the southeast metro area, a number of roads are experiencing substantial increases in traffic. In particular, the City has recognized increasing traffic counts and congestion on Highways 3, 13 and 149 that diminish the effectiveness of those roads both for Eagan users and for those traveling through the area. • Despite this growth, current state and regional capital improvement plans fail to commit resources to the improvement or expansion of these roadways. In fact, many improvements of these roads that have occurred in recent years have been initiated by the City of Eagan. Because the benefits of such improvements serve not only Eagan residents and businesses, but users from other communities and throughout the state as well, it is important for responses to traffic growth related challenges to be shared by all affected and benefiting agencies. • At its retreat on January 22, 2004, the City Council indicated a desire to engage the state, county and other cities in efforts to plan for and fund improvements of these highways to enhance their capacity and reduce congestion for all users. The purpose of this item is to formalize that direction and authorize communication of the City's position in this regard. ATTACHMENTS: • Resolution on page CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION ENCOURAGING DAKOTA COUNTY AND ITS CITIES TO SUPPORT FULL FUNDING OF STATE HIGHWAY IMPROVEMENTS FOR HIGHWAYS 3, 13, AND 149 WHEREAS, the City of Eagan has worked with the state, county and other jurisdictions to insure that adequate capacity is available in the local and regional transportation system - these efforts have included joint planning, cooperative funding and other efforts to insure that connections and upgrades occur, that bottlenecks are reduced and that alternatives are available for those traveling to and through the area; and WHEREAS, public resources are limited and as residential and business growth continues in the southeast metro area, a number of roads are experiencing substantial increases in traffic. In particular, the City has recognized increasing traffic counts and congestion on Highways 3, 13 and 149 that diminish the effectiveness of those roads both for Eagan users and for those traveling through the area; and WHEREAS, despite this growth, current state and regional capital improvement plans fail to commit resources to the improvement or expansion of these roadways. WHEREAS, many improvements of these roads that have occurred in recent years have been initiated by the City of Eagan. WHEREAS, the benefits of such improvements serve not only Eagan residents and businesses, but users from other communities and throughout the state as well. It is important for responses to traffic growth related challenges to be shared by all affected and benefiting agencies; and NOW, THEREFORE, BE IT RESOLVED that the City of Eagan encourages Dakota County and its cities to support fu11 funding of state highway improvements for Highways 3, 13, and 149. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION 1, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of January, 2004. Maria Petersen, City Clerk t~ Agenda Information Memo February 3, 2004 L. CONTRACT 03-05, POND JP-47 SLUDGE REMOVAL ACTION TO BE CONSIDERED: Receive the bids for Contract 03-05 (Pond JP-47 - Water Quality Improvements), award the contract to Veit & Company, Inc., for the Base Bid in the amount of $197,600.00, and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On February 5, 2002, the City Council authorized the advertisement for bids to remove and dispose of alum sludge from Pond JP-47 and to create a sediment basin in JP-47 in accordance with the prepared plans and specifications, Contract 03-05. • On January 16, 2003, bids were opened for Contract 03-05, the Pond JP-47 alum sludge removal and disposal and sediment basin creation. • On February 18, 2003, the City Council rejected all bids submitted and cancelled Contract 03-05. • Approximately 2,500 cubic yards of alum sludge has accumulated in Pond JP-47, upstream of Fish Lake, as a part of the City's efforts to enhance the downstream water quality. In accordance with State law, this material must be removed. • On December 16, 2003, the City Council authorized the preparation of plans and specifications for the removal and disposal of the alum sludge from Pond JP-47, without the creation of a sediment basin, and the advertisement for bids for said work. • At 10:30 a.m. on January 29, 2004, formal bids were received for this project. A copy of the bid recommendation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations and found to be in order for favorable Council action. The low bid from Veit & Company, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: 1 • Bid Summary, page 7. il-3 C) 0 LO 0o 0 U 0 0 o O o 0o O co cn T. - o C4 c+i t a) T- N I` r r X It Cn c W 609, 69 69 69 69 CD N Oo 0o LO o 0 0 0 0 00 m U O N M N rl- ca C IT U = 66, 649, 69 C) C) C> 0 U •0 o N COD ~ COO t00 O N O N C) C V5 LO ti N N rl- ti O O N N U7 O a) U') O r r r r N cr ca W 69 69 69 O N C2 69 69 69 69 E Z' E C) > cu 0 CD U c`n o c°n o LO 0 C LO o o N CD CL co 0 06 cn (C G~0 O C N L N m 'C = 69 69 69 o m L- Z Z S? m s 0 CO ~ 1- E co 0 0 C cq CA (tf E E. a 0 J J J E C O J cC) E o U f o 0 U E a) co co 0 'c CL Q L M O cY 0 0 -a O Q CD a) 06 cu cu N m V " E E E O vii W w CD W O C _ W cu ^ E E 0 aa) ° o+ E 0 - o 0) o ; W o cu -0 w `o Cl) 0_ 0 _0 o m Q L 10 N F5 N U) m 4) -0 m C N C I1 O U) 'C7 C Q) C_ a) (6 = t0 cn Q Q CJ) Q) > m J U- 11 W CL O Q m U '0 Z Agenda Information Memo February 2, 2004, Eagan City Council Meeting M. ADOPTION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL (CONDITIONAL USE PERMIT, VARIANCE)- SOWLES PROPERTIES ACTIONS TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolutions of Denial of a request for A Conditional Use Permit to allow outdoor storage of a 113 foot tall crane on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway;. To adopt the Findings of Fact, Conclusions & Resolutions of Denial a 30 foot Variance to the front yard setback for the approved outdoor storage items associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • At its regular meeting on January 20, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional Use Permit for the 113 foot crane and the variance to the front yard setback for outdoor storage to be considered at the February 3, 2004 Council meeting. 60 DAY AGENCY ACTION DEADLINE • March 18, 2004 - a waiver has been signed ATTACHMENTS (3): Findings of Fact, Conclusions and Resolution of Denial for the Conditional Use Permit, pages q through,~J F' dings of Fact, Conclusions and Resolution of Denial for the Variance on pages through-. D ft City Council Minutes 1/20/04 on page S7 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Sowles Properties, Ltd. FINDINGS OF FACT, for a Conditional Use Permit for Outdoor CONCLUSIONS AND Storage of a Crane at 3045 Sibley Memorial RESOLUTION Highway This matter came before the Eagan City Council at its meeting of January 20, 2004. The Council received and considered the December 15, 2003, Planning Report; input from City staff, minutes of the public hearing held by the Advisory Planning Commission on December 18, 2003; together with all existing files, records and prior proceedings and material as presented to the Council. Attorney Bill Cottrell appeared on behalf of Sowles Properties, Ltd. at the public hearing held by the Advisory Planning Commission and at the meeting of the City Council on January 20, 2004. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Sowles Properties, Ltd. (the "Applicant") submitted an Application for a Conditional Use Permit to allow outdoor storage of a 113-foot tall crane on a 24-acre site, part of Government Lot 2 in Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway (the "Property"). 2. The Property is located in the Minnesota River Valley. The Property is located west of Highway 13. A significant number of properties to the east of Highway 13 overview the Property a nd t he M innesota R iver V alley. T he P roperty i s d esignated M, i ndustrial, i n t he tV Comprehensive Guide Plan and is zoned I-1, limited industrial. The City Code requires a Conditional Use Permit for outdoor storage. 3. Sowles Properties, Ltd. and Valley Building Products purchased the Property in December 2002. The Property has one main office/warehouse building, several accessory buildings, employee parking and assorted property stored outdoors. 4. In 1994, a Conditional Use Permit was issued to Lull Industries for outside storage for parts and equipment related to Lull Industries' fork truck manufacturing. 5. The Applicant seeks to use the property for outside storage of a 113-foot tall crane. 6. Section 11.60, subd. 14 (E) limits the height of a structure in the 1-1 zoning district to a maximum of 40 feet in height. 7. The proposed crane would be set back about 300 feet from the property line along Highway 13. The Applicant states this type of crane is essential to assist with loading and unloading crane components and other equipment on to trucks because mobile cranes lack the required radius coverage, require set up and dismantle time and are usually located at other job sites. 8. The Advisory Planning Commission held a public hearing on December 18, 2003, and r ecommended approval o f a crane t ower s ubj ect t o t he s tated conditions i n t he A dvisory Planning Commission minutes. 9. In 2001, the Applicant requested a Conditional Use Permit to allow a 100-foot tall crane on a site, also adjacent to Highway 13, just south of the Property. The Conditional Use Permit was denied for the following reasons: a tower crane three times the height of permitted building height is not harmonious in appearance with the character of the general vicinity and the natural features of the Minnesota River Valley, and due to size and profile, the tower crane cannot b e s creened. A c opy o f t he 2 001 F indings o f F act, C onclusions a nd R esolution w as provided to the Council at its meeting on January 20th and is attached hereto as Exhibit "A." CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Section 11.50 of the Eagan City Code specifies the required conditions to be met by the Applicant in connection with the issuance of a Conditional Use Permit. 3. Section 11.50, subd. 4 (C) of the Eagan City Code sets forth the requirement that the Council shall issue a permit only if it finds that such use at the proposed location: (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; and (G) will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 4. Section 11.70, subd. 20 (C) sets forth the performance standards for outside storage, which include the following: (f) the items to be stored shall not exceed the height of the enclosure. 5. Section 11.50, subd. 3 of the Eagan City Code specifies the required conditions upon which variances to the strict application of the City Code may be granted. 6. A tower crane nearly three times the height of a permitted building is not harmonious with the objectives of the zoning code. ~4 i 7. The storage of the crane would be incompatible in appearance with the character of the general vicinity and the natural features of the Minnesota River Valley. 8. Due to its size and profile, the tower crane cannot be screened. 9. The Application for a Conditional Use Permit for a tower crane is not substantially different than that certain Application by the Applicant for a Conditional Use Permit for a tower crane on the adjacent property, which the City Council denied on April 3, 2001. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Conditional Use Permit for a 113-foot tall crane on the Property is hereby denied. Dated at Eagan, Minnesota this day of , 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Karels Its: City Clerk EXHIBIT A BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Applications of Sowles Properties, Ltd. FINDINGS OF FACT, for a Conditional Use Permit for Outdoor CONCLUSIONS AND Storage of Vehicles, Cranes and Equipment RESOLUTION and a Setback Variance This matter came before the Eagan City Council at its meeting of April 3, 2001. The Council received and considered the March 21, 2001 Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on March 27, 2001; evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. No one represented or appeared on behalf of Sowles Properties, Ltd. at the meeting of the City Council on April 3, 2001. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Sowles Properties, Ltd. (the "Applicant") submitted an application for a Conditional Use Permit for outside storage on Lot One (1), Block One (1), Sibley Terminal Industrial Park (the "Property"). 2. The Property is presently owned by Lull International, Inc. and contains an existing 15,500 square foot building. 3. The Property is designated IND, Limited Industrial, in the City's Comprehensive Guide Plan and is zoned I-1, Limited Industrial. 4. The Applicant seeks to use the Property for an outside storage yard for vehicles, cranes and other equipment used for the purpose of steel erection and tower crane rentals. 5. The Applicant seeks approval to store a tower crane in the center of the Property. The proposed crane is 100 feet tall and has a boom arm with a 140-foot radius. 6. The maximum building height in the I-1 Industrial district is 40 feet. 7. The proposed outside storage area is intended to be enclosed with an eight-foot fence, the maximum fence height allowed by the City Code. 8. The Applicant has stated that the type of vehicles and equipment stored on the Property would be up to 20 feet in height. 9. The Property is located in the Minnesota River Valley. The Property is located west of Highway 13, and is approximately ten feet below the elevation of Highway 13. A significant number of properties to the east of Highway 13 overview the Property and the Minnesota River Valley. 10. Applicant is also seeking a variance to the minimum setback of 40 feet, as measured from Terminal Drive. 11. The Applicant states that the issuance of a variance would expand the usable yard area of the Property, which is limited by the public street frontage on three sides of the Property. 12. Members of the public and Planning Commission expressed their opposition to the storage of the crane, due to its height and severe impact to the Minnesota River Valley. 13. The Applicant stated that if the 100-foot crane is not allowed then the improvements will not be made to the Property. 14. The Advisory Planning Commission unanimously recommended denial of the Conditional Use Permit. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Section 11.40 of the Eagan City Code provides the required conditions to be met by the Applicant in connection with the issuance of a Conditional Use Permit. 3. Section 11.40, Subd. 4 of the Eagan City Code sets forth performance conditions to be met in connection with Conditional Use Permits for outside storage. 4. Section 11.40, Subd. 3 of the Eagan City Code provides the required conditions upon which variances to the strict application of the City Code may be granted. 5. A tower crane three times the height of the permitted building height is not harmonious with the objectives of the zoning code. 6. The storage of the crane and items in excess of the height of the fence would be incompatible in appearance with the character of the general vicinity and the natural features of the Minnesota River Valley. 7. Due to its size and profile, the tower crane cannot be screened. 8 The Applicant presented no evidence to the City Council in support of its request for a variance. Since the Applicant was not present at the Council proceeding, the Council was unable to determine if the request for a variance merely served as a convenience for the Applicant. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Conditional Use Permit for outdoor storage of vehicles, cranes and other equipment on the Property is hereby denied. The City Council of the City of Eagan does hereby resolve that the Applicant's request for a setback variance is hereby denied. sa Dated at Eagan, Minnesota this /7~'day of April, 2001. CITY OF EAGAN By: Patricia E. Awada Its: Mayor kj~~ CCU E 7 ' By: Mira McGarvey Its: Deputy Clerk 5-3 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Sowles Properties, Ltd. FINDINGS OF FACT, for a Variance to the Front Yard Setback to CONCLUSIONS AND Allow for Outdoor Storage at 3045 Sibley RESOLUTION Memorial Highway This matter came before the Eagan City Council at its meeting of January 20, 2004. The Council received and considered the December 15, 2003, Planning Report; input from City staff, minutes of the public hearing held by the Advisory Planning Commission on December 18, 2003; together with all existing files, records and prior proceedings and material as presented to the Council. Attorney Bill Cottrell appeared on behalf of Sowles Properties, Ltd. at the public hearing held by the Advisory Planning Commission and at the meeting of the City Council on January 20, 2004. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Sowles Properties, Ltd. (the "Applicant") submitted an Application for a Variance to allow outdoor storage within the front yard setback on a 24-acre site, part of Government Lot 2 in Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway (the "Property"). 2. The Property is designated IND, industrial, in the Comprehensive Guide Plan and is zoned I-1, limited industrial. 3. The City Code requires a Conditional Use Permit for outdoor storage. i 4. Sowles Properties, Ltd. and Valley Building Products purchased the Property in December 2002. The Property has one main office/warehouse building, several accessory buildings, employee parking and assorted property stored outdoors. 5. In 1994, a Conditional Use Permit was issued to Lull Industries for outside storage for parts and equipment related to Lull Industries' fork truck manufacturing. 6. The Applicant seeks to use the Property for outside storage of equipment and materials related to its business and that of its tenants. 7. The Applicant also seeks to use the Property for storage of current/late model cars for business(es) that are not occupants/tenants of the principal building. 8. The Applicant proposes outdoor storage in four areas on the Property, as follows: Area 1. Short term-trucks, trailers, cranes, materials, and equipment. Area 2. Crane components, weldments, steel, materials and equipment. Area 3. Short term---crane components, weldments, materials, equipment, and parking for future tenants. Area 4. Trucks, trailers, current/late model cars, materials and equipment. 9. Section 11.70, Subd. 20 (C) of the Eagan City Code lists performance standards for outside storage, which include the following: (a) Outdoor storage items shall be placed within an enclosure. (d) The enclosure shall not encroach into any established front building setback area or other required setbacks. 10. No enclosure is proposed for the proposed outside storage areas. 11. The Advisory Planning Commission held a public hearing on December 18, 2003, and recommended approval subject to the conditions in the Advisory Planning Commission minutes, which include conditions that outside storage must be for an occupant/tenant of the principal building, must be enclosed by a fence, and must be set back 50 feet from Highway 13. 12. Section 11.50, subd. 3 of the Eagan City Code provides that in considering any request for a Variance, the City Council shall consider factors including: (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. (e) The variance requested is the minimum variance which would alleviate the hardship. 13. The Applicant has failed to provide any evidence that literal interpretation of the front yard setback would deprive the Applicant property use commonly enjoyed by other properties in the same district. 14. The Applicant has failed to provide any evidence of hardship resulting from the front yard setback. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Section 11.50, subd. 3 of the Eagan City Code specifies the required conditions to be met by the Applicant in connection with the issuance of a Variance. 3. Section 11.50, subd. 3 of the Eagan City Code specifies the required conditions upon which variances to the strict application of the City Code may be granted. 4. Section 11.70, subd. 20(C) sets forth performance standards for outdoor storage. 5. Section 11.70, subd. 20(C), subd. (a) provides outdoor storage items shall be placed within an enclosure. The proposed storage is not within an enclosure. S~ 6. Section 11.70, subd. 20(C), subd. (d) provides the enclosure shall not encroach into any established front building set back area or other required set backs. The proposed storage areas 1, 2, and 4 encroach into the 50-foot front yard building set back from Highway 13. Therefore, the storage area is considered to encroach into the required front building set back area, necessitating a variance of 30 feet. 7. Section 11.50, subd. 3 of the Eagan City Code provides that when considering a request for a Variance, the City Council shall consider factors including: (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. (e) The variance requested is the minimum variance which would alleviate the hardship. 8. Literal interpretation of the front yard setback would not deprive the Applicant property use commonly enjoyed by other properties in the same district. 9. The Applicant suffers no hardship resulting from the front yard setback. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Variance to the front yard setback to allow for outdoor storage on the Property is hereby denied. Dated at Eagan, Minnesota this day of , 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Karels Its: City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 20, 2004 NEW BUSINESS CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator Hedges discussed this item regarding a request for a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, equipment, materials, and current/late model cars associated with a site plan on the 24 acre site, on property located at 3045 Sibley Memorial Highway and a request for a 30 foot Variance to the front yard setback for the approved outdoor storage items. City Planner Ridley gave a staff report. William Cottrell, attorney representing the applicant, discussed the proposed oLitOour storage. The applicant spoke regarding the need for and use of the 113 foot tal l crane. Council members held a discussion regarding the visual impact of having a crane located on the property and the recommended condition made by the Advisory Planning Commission to enclose the outdoor storage area with a fence. Several Council members stated that a fence ould likely be merz unsightly than the outdoor storage. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct Findings of Fact for Denial of a conditional use permit to store a 113 foot tall crane on property located at 3045 Sibley Memorial Highway. Aye: 5 Nay: 0 Discussion was held regarding items to be stored on the site and pmential future storage. The applicant agreed to continue the item to the 3/64 Council meeting to allow them to better define the type and amount of outdoor stone. Councilmember Carlson moN ed, Cowicilrrrember Maguire seconded a motion to continue consideration of a Conditional Use Permit to al low outdoor storage of equipment, materials, and current/late model cars associated with a site plan on the 14 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley %LZ moi ial Hight~,r, ::Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial of a 30 foot Variance to the front yard setback for the approved outdoor storage items associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. Aye: 5 Nay: 0 9- ? Agenda Information Memo February 3, 2004 Eagan City Council Meeting N. APPROVE 2005 COMMUNITY CENTER RATES ACTION TO BE CONSIDERED: To approve the 2005 Community Center rates, per the recommendation of the Community Center Operations Committee FACTS: • Per the direction of the Council at the January 6, 2004 City Council meeting, the 2005 Community Center rates were discussed by the Operations Committee at their January 20 meeting. • Upon reviewing the rates, the Operations Committee recommended that the banquet room rates for Sunday through Thursday remain at their current rates, and the rates for Friday and Saturday be increased to the level recommended by staff. ATTACHMENTS: • Enclosed on page is the proposed 2005 rate structure for the Community Center banquet and meeting rooms. 60 Proposed 2005 Community Center Rates Sunday - Thursday North, Central or The Oaks South Oaks (capacity 350) (capacity 110) 8:00am-11 pm $200 $600 8am-Noon $100 $200 1 - 5pm $100 $200 6-11 pm $100 $250 Friday 8:00am - 12:30 am n/a $800 Saturday 8:00am - 12:30am n/a $1100 *Patio Available For Additional $100.00 *1 Mtg *3 Mtg 3Mtg/Max *Teen/Sr *Boardroom Room Rooms (Max/8 hr day) Performance Resident 12.00 30.00 120.00 45.00 16.00 Non Res. 15.00 40.00 150.00 55.00 20.00 28.00 ('/2 of Senior) Reduced 10.00 25.00 90.00 30.00 (Senior only) (W/8hrs of 15.00 ('h of Senior) banquet) *Above rates are per hour, unless otherwise noted. Requires a two-hour minimum rental. 6/ Agenda Information Memo February 3, 2004 Eagan City Council Meeting CONSENT 0. APPROVE RESOLUTION ENCOURAGING COMCAST AND VICTORY SPORTS ONE TO REACH AGREEMENT FOR THE CARRIAGE OF LOCAL SPORTS PROGRAMMING OF PUBLIC INTEREST ACTIONS TO BE CONSIDERED: • Approve resolution forwarded unanimously by the joint Burnsville Eagan Telecommunications Commission, send copies to Comcast and Victory One Sports, and share this action with other cities. FACTS: • In recent months Commissioners and staff of Burnsville Eagan Community Television have received numerous inquiries from members of the public asking why University of Minnesota men's basketball games are not being regularly carried on area cable channels and equal concern that Minnesota Twins baseball games are not likely to be regularly aired on either cable or satellite TV in the metro area.. • Comcast is Eagan's franchised cable operator. • Victory Sports One, a regional sports network owned by the parent company of the Minnesota Twins, owns the broadcasting rights in 2004 for Twins games and select Gopher basketball and football games. • Comcast and Victory Sports have been unable to reach agreement to carry the games and published reports suggest no deal is likely before the Twins season begins. • On January 28, 2004 both parties were invited to explain in front of the Burnsville Eagan Telecommunications Commission, meeting in regular session, why the two companies have been unable to reach agreement over many months. • After listening to the companies' explanations, the Telecommunications Commission voted unanimously to pass a resolution, drafted by the Commission's attorney, calling on Comcast and Victory Sports One to work out their differences and get a deal done to carry important local sports programming deemed in the public interest. • The resolution is forwarded to the city councils of both Eagan and Burnsville for their concurrence. • The Commission noted that continued delays are harmful to the public. ATTACHMENTS: • The adopted BETC resolution forwarded to the Eagan City Council for its approval. l doS 6.3"b y • Copy of the Eagan Web site story on the January 28 meeting of the BETC. - p&t GS ~J - CITY OF EAGAN, MINNESOTA RESOLUTION 2004- A RESOLUTION ENCOURAGING COMCAST AND VICTORY SPORTS ONE TO REACH AGREEMENT FOR THE CARRIAGE OF LOCAL SPORTS PROGRAMMING OF PUBLIC INTEREST. WHEREAS, Comcast is a franchised cable operator in the City; and WHEREAS, Victory Sports One ("Victory Sports") is a new regional sports cable network, which is an affiliate of Twins Sports, Inc., the corporate entity that owns the Minnesota Twins; and WHEREAS, Victory Sports owns the broadcasting rights to carry the Minnesota Twins games and select University of Minnesota basketball and football games in 2004; and WHEREAS, Comcast and Victory Sports have been unable to reach a mutually acceptable carriage agreement and, according to reports, they are not expected to reach agreement prior to the start of the Minnesota Twins regular season; and WHEREAS, according to Victory Sports, it has reached carriage agreements with only twenty (20) mostly rural video providers, serving 134 greater Minnesota cities. Victory Sports has not reached agreements with any of the other large metropolitan video providers, such as Time Warner Cable, Charter Communications, Mediacom, DirecTV, or the Dish Network; and WHEREAS, due to the inability of Comcast and Victory Sports to reach a carriage agreement, subscribers within the City have been unable to view select University of Minnesota men's basketball games; and WHEREAS, the Bumsville/Eagan Telecommunications Commission has received numerous inquiries and complaints concerning the carriage of University of Minnesota sports and Minnesota Twins baseball games; and WHEREAS, the City finds that carriage of all major local professional and collegiate sporting events are important programming needs and interests of the City's subscribers; and WHEREAS, Section 5, paragraph 2, of the Comcast cable franchise states: "Except as otherwise provided in this Franchise or in applicable law, all programming decisions remain the discretion of [Comcast]"; and WHEREAS, Section 8, paragraph 6, of the Comcast cable franchise allows the City to evaluate the programming offered by Comcast; and ~3 WHEREAS, the Federal Cable Act allows a franchising authority to enforce franchise provisions requiring broad categories of video programming or other services (see 47 U.S.C. § 544); and WHEREAS, the City is not privy to the carriage negotiations between Comcast and Victory Sports, but finds that it is in the viewing public's best interests for Comcast and Victory Sports to arrive at a mutually acceptable compromise for the carriage of the University of Minnesota basketball and football and Minnesota Twins baseball games; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan: 1. That the City of Eagan hereby strongly encourages Comcast and Victory Sports One to work diligently to reach a mutually acceptable carriage agreement. 2. That failure by Comcast to provide major local professional and collegiate sporting event programming, a broad category of video programming, may result in the failure to meet the needs and interests of the City's cable subscribers. PASSED AND ADOPTED THIS DAY OF , 2004. By: [Title] ATTEST: By: [Title] 2 Article posted on City of Eagan Web site, January 29, 2004 Cable Company & Sports Network Urged to Compromise Commission Urges Cable Company & Victory Sports To Compromise to Carry Gopher & Twins Games The joint Burnsville Eagan Telecommunications Commission became the first cable commission in the state to formally call on both its cable provider and a regional sports network to compromise to get a deal done to carry Minnesota Twins games and Gopher sports in the Twin Cities market. Saying continued delays are harming the public, the Commission called on both Comcast and Victory Sports One to reach an agreement in the public interest to carry the sports games. (View the Commission resolution.) For more than an hour the Commission quizzed representatives from both companies to find out why an agreement has not been reached in nearly a year and why published reports suggest the prospect for an agreement before the Twins season begins is not good. Comcast, the cable provider in the Eagan/Burnsville area, says the Victory Sports offer on the table "simply is not acceptable," according to Dave Nyberg, local corporate affairs manager for Comcast. Subscribers, Nyberg believes, would be asked to pay 50-60¢ more per customer than they paid last year when Fox Sports Net had the rights to the games. Collectively, "Victory is asking both sports fans and non-sports fans to pay millions of dollars more for the same programming that was seen on Fox," says Nyberg. Victory Sports, which is owned by the parent company of the Minnesota Twins, says sports teams change networks "all the time," yet Victory said it is willing to negotiate with Comcast, but that there have been no serious negotiations or a counteroffer from Comcast in 11 months. Kevin Catoor, President of Victory Sports, says Comcast does not have to pass on increased costs to cable subscribers. He claims on an average $45 cable bill, large cable providers clear between $18-22 per month, per subscriber in profit. "There is a lot of money going someplace else," Cattoor told the Commission. Emphasizing it is not taking sides, the Telecommunications Commission nevertheless formally warned Comcast that the failure to provide major local professional and sporting events programming may result in the franchisee's "failure to meet the needs and interests of the City's cable subscribers." The Commission may also explore other ways to get such programming on the air. The two-page resolution passed unanimously and is being forwarded to the city councils of both Eagan and Burnsville for their concurrence. "We don't have the authority to negotiate these contracts," noted Commission Chairman Paul Ryan, "but what we can do is encourage both parties to get together and either work out a solution or show that some negotiations are ongoing for the betterment of our subscribers." "We are the first cities to actively advocate on behalf of its citizen subscribers for the uninterrupted carrying of local sports programming, said Commission attorney Michael Bradley. "We expect many more communities to join in these efforts," he added. In a second action the Commission also voted to explore the possibilities of challenging the FCC's local blackout rule in the event there is no local agreement to carry the games on either satellite or cable. If the rule were reversed, this could allow carrying up to 122 Twins games. Eagan residents wishing to view a replay of Telecommunications Commission meeting and the Victory Sports/Comcast discussion should consult the Community Television Web site for playback times. x"' Agenda Information Memo February 3, 2004 Eagan City Council Meeting P. APPROVE THE APPOINTMENT OF ASSISTANT TO THE CITY ADMINISTRATOR LORD, DIRECTOR OF COMMUNITY DEVELOPMENT HOHENSTEIN, AND PLANNER CARTNEY AS ALTERNATE MEMBERS TO THE JOINT AIRPORT ZONING BOARD (JAZB) ACTION TO BE CONSIDERED: To approve the appointment of Assistant to the City Administrator Lord, Director of Community Development Hohenstein, and Planner Cartney as alternate members to the Joint Airport Zoning Board (JAZB). FACTS: • Currently, Planner Pam Dudziak and Airport Relations Commission member Mike Schlax are the City's appointed representatives to the Joint Airport Zoning Board. • Planner Dudziak is currently on leave, and in her absence, it is recommended that Assistant to the City Administrator Lord, Director of Community Development Hohenstein, and Planner Cartney be formally appointed as alternate members to the Joint Airport Zoning Board. Vv Agenda Information Memo February 3, 2004 0. PROJECT 771, LEXINGTON AVENUE STREET UPGRADE & TRAFFIC SIGNAL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal Improvements) with the owner of Parcel No. 10-01000-010-75 and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • The City of Eagan was the lead agency in partnership with the Dakota County Highway Department in the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and included the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive. • The upgrade of Lexington Avenue required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the easements for this property indicated a value of $23,375.00. An offer was accordingly forwarded to the owner of the property. The counter offer from the property owner was $29,251.00. City staff attempted to negotiate with the property owner, but the owner expressed no interest to negotiate. • On January 20, 2004, the City Attorney brought the matter to the City Council in the closed Executive Session that followed the regular Council Meeting. In order to settle and avoid additional costs in attorney fees and commissioner's hearings, the City Council has accepted the offer of $29,251.00 as an appropriate alternative. • An agreement between the City of Eagan and the owner of Parcel 10-01000-010-75 (3255 Lexington Avenue), has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire further discussion of this item, it would be appropriate to direct such discussion to a Closed Session. Agenda Information Memo February 2, 2004 Eagan City Council R. EXTENSION FOR RECORDING FINAL PLAT (PINEY WOODS - MANLEY LAND). ACTION TO BE CONSIDERED: To approve an extension of 60 days to record the Final Plat for Piney Woods, located east of Dodd Road at Rosa Court. FACTS: • The City Council initially approved the Final Plat on September 16, 2003. The plat is required to be recorded within 60 days of approval. • The applicant requested an extension, on November 18, 2003, to allow an additional 60 days to record the final plat. The recording deadline is February 13, 2004. • The applicant is requesting an extension to allow an additional 60 days to record the plat. ATTACHMENTS (1): Letter from Frank Blundetto, Manley Land on page jo 6~ rl NLEY Land Development, Inc. 21 13 Cliff Drive Eagan, MN 55122 Phone 651.454.4933 Fax 651.454.9371 www.manleybrothers.com January 27, 2004 To Whom It May Concern: We respectfully request a 60 day extension for recording the plat for our Piney Woods development on Dodd Rd. in Eagan. We do not anticipate needing this extension, but make this request as a precautionary measure. S' erely Frank Blundetto to;4 9 Agenda Information Memo February 3, 2004 Eagan City Council Meeting S. APPROVE CITY OF EAGAN DONOR NAMING POLICY PER THE RECOMMENDATION OF THE APrC ACTION TO BE CONSIDERED: Approve City of Eagan Donor Naming Policy per the Recommendation of the APrC FACTS: • City Council reviewed a copy of the Donor Naming Policy and Donor Agreement at their workshop session on January 27, 2004. • The Donor Naming Policy was drafted by a subcommittee of the APrC. The group reviewed policies in place in other municipalities and universities as a reference for the draft. • The Donor Naming Policy and Donor Agreement was reviewed by the Advisory Parks Commission and approved for recommendation to City Council at their regular meeting of January 15, 2004. ATTACHMENTS: • Donor Naming Policy, page.' • Donor Agreement, pageb gQ ~D i SUBJECT TO RECOMMENDATION/APPROVAL: DONOR NAMING POLICY Note: Draft has been reviewed by CityAttorney. Revised 12-09-2003. Recommended for approval byAPrC, January 15, 2004 Reviewed by Council at workshop on January 27, 2004. DONOR NAMING The City of Eagan seeks to recognize donors who wish to support the City's Parks and Recreation department through distinguished effort or substantial financial endowment, by naming facilities in their honor. This policy offers a guideline to determine when such cases are appropriate and which may be better served by a formal recognition by the City Council. For the purposes of this policy, "Substantial Gift" is defined as at least 50% of the estimated cost: (a) of new construction, remodeling, or renovation; (b) of developing a new real property, i.e. park buildings, structures, real estate, etc; or (c) the replacement of an existing, unnamed facility or landmark that requires substantial renovation at the time of the gift. This policy determines procedures, for a fixed period or indefinitely, for naming of amenities found within Eagan parks. Items under this policy include, but are not limited to, items of personal property such as park structures (pavilions, warming houses, sun shelters, nature center, etc), real estate to be used for parks or open space, sports fields or courts, pools, nature centers, or other large-scale projects as discussed with the Director of Parks and Recreation. RECOGNmm The City of Eagan will consider naming opportunities for outstanding financial contributions toward facilities, specifically those which enable the amenity to be initially built (i. e., without the donation the amenity would not be constructed). The City of Eagan will give special recognition to commemorate long term service to the community or to a distinguished citizen and such recognition is contingent upon Council review and approval. Donors and Donation "Donors" and "Donation" as defined by this policy, means a substantial financial contribution toward the cost of an amenity or project. This is defined above as at least 50% of the total estimated cost. Naming may be in honor of donor or donors, who may be individuals, groups of individuals, or corporations. Naming guidelines detailed in the City of Eagan Parks Naming Policy will apply. -1- (a) The nature of the donation will assist in determining the naming opportunity. (b) Donors or donor representatives must sign a donor agreement that delineates terms of the contribution, unless donor wishes to remain anonymous. (c) An amenity may be named in honor of a Donor that has contributed all or a substantial part (defined by this policy as 50%) of the full costs relating to its establishment. (d) The option of funding the amenity for life of said amenity is negotiable and would require assurance of sufficient funding. There is no exclusive right to sole naming in cases of expansion or other structural modifications. (e) A plaque, or negotiated signage may be placed on a building, room, or facility to acknowledge a Donor. The design, wording, and location of the plaque require the approval of the City Council. Naming rights carry no power of direction to the City on matters of schedule, design, furnishing, or priority of use. PROPOSALS (a) Any proposal for naming shall be made through a formal submission to the City Administrator and Director of Parks and Recreation. (b) A proposal for naming after a person shall be accompanied by a comprehensive citation. (c) The Advisory Parks Commission (APrC) will examine all formal proposals. The APrC will make a recommendation to Council on proposals. (d) Proposals must have the written approval of the person or corporate representative for whom the naming is to recognize. If the person is deceased, the approval of the family or designated representative should be obtained. If the person is deceased and there is not family or a designated representative, naming can proceed. PROCEDURE Procedures governing approval of naming proposals are set forth below and may also be supplemented by such operational guidelines as the City of Eagan may adopt from time to time. Exceptions from policy requirements must be authorized by the City Council in advance of completion of the donation. Before Donation: To be considered for naming, donation commitments must come during the schematic design phase of the project. Schematic design will be overseen -2- by the appropriate departments of the City of Eagan according to established procedure. (a) New construction, substantial renovation, or replacement projects will be considered for naming opportunities. (b) All negotiations for naming rights will be conducted in the first instance by the City Administrator and the Director of Parks and Recreation, under the authorization of City Council. These steps should be followed: Step One: Contact the City of Eagan Parks and Recreation Department to discuss the procedure for donation. This will include a formal proposal submitted to the City Administrator and Director of Parks and Recreation. Step Two: The individual, group, or corporation will present their request to the Advisory Parks Commission. The APrC will then make a recommendation to City Council. Perpetual naming will be at the discretion of the City Council. Step Three: Upon approval by City Council, the Donor Agreement contract will be signed and kept on record with the City of Eagan. RE umwNTs (a) All donations to be considered for naming rights must be approved by City Council. (b) Each donation must be memorialized in a donation agreement approved by the City Council and the donor or their representatives. The agreements shall be executed following final approval of the gift as specified by the City of Eagan. No naming commitments shall be made to donors or other parties before final approval is granted by the City Council. Records of donation agreement will be kept by the City of Eagan. (c) The Director of Parks and Recreation or an appointed staff person is responsible for overseeing compliance with Policy requirements, including completion of consultations and approvals, securing signatures on donation agreements by donor, donor representative, and City of Eagan. (d) The City of Eagan will be responsible for groundbreaking, dedication, or other ceremonies relating to named gifts, when appropriate. (e) Physical recognition of donors such as signs, placards, etc. will be reviewed and approved by City Council before being affixed to the amenity unless already provided for in the existing design guidelines established by the City of Eagan. -3- ~3 GENERAL GUIDELINES (a) The name used should normally be the family name, or in the case of a corporate entity, the shortest possible name. Unless Council determines otherwise, a persons or corporations name may be used in naming a City facility only once. (b) Where the name of a corporate entity is used, the period of naming will be limited to the life of the corporate entity. (c) In the event of demolition or deconstruction of a structure, its name or any part of it shall be the subject of fresh recommendations. (d) Naming a building in honor of a person who has given extraordinary distinguished service to the city will not normally be considered until after their substantive formal relationship with the city has ended. (e) The style of naming of structures and facilities should be consistent with the city's visual standards, or adhering to any city ordinances. (fl City Council may rescind a donor's name for just cause. (g) Facilities will not normally be named to honor persons who have no formal connection with the City of Eagan unless they are substantial Donors. (h) The City Council will consider the naming of a building in recognition of a corporation which is a benefactor when that corporation: • Provides not less than 50% of the capital cost of the building, or • Supports the City with endowments exceeding a specific dollar amount. TIMING Proposed naming will come at the time of amenity design schematic. Naming may not be allowed after the amenity is operational except by Council review and approval. Method of donor recognition must be agreed upon and formally approved by City Council rior to signing the donor agreement. METHOD OF PAYMENT (a) Donation associated with naming proposals can be made by the donor in cash or appreciated property, through legally binding pledges fulfilled within no more than five (5) years, or by the creation of an endowment. -4- 1 (b) Individual donors may gift a portion of their contribution though an irrevocable trust or a contractual bequest mechanism. (c) The City Council reserves the right to remove a naming opportunity when pledges remain unpaid beyond the agreed upon period. Should this occur, the City Council may consider and/or approve another naming opportunity, or seek another donation of the magnitude that is deemed substantial. revocable (d) Should the donor renege on any payment once the project has commenced and the donor agreement has been signed, the City shall be allowed to keep any portion of the donation already paid, and naming rights shall not apply. Should the City fail to use the funds for the stated purpose in the Donor Agreement, the funds shall be returned to the donor. STEWARDSHIP Stewardship requires that the City of Eagan honor the expectations of donors and abide by gift agreements, including naming provisions. Naming is generally expected to last the lifetime of the building, facility, unit, program, or other endeavor. There may nonetheless be extraordinary circumstances that justify cessation of the use of a name, or "re-naming," such as change in use, substantial renovation, or demolition of an existing building, facility, or part thereof, major programmatic changes, failure of a donor to meet the financial commitment of the donor agreement, or other situations unforeseeable at the time of the original naming. When appropriate and feasible, when a name is retired, some form of continuing recognition should be established. In all cases, the City Council must approve re-naming. -5~ Cite OF eaaan DONATION AGREEMENT There is hereby established with the City of Eagan that has agreed to make a charitable donation in the amount of $ (amount) to be used for (brief description). Contact Name: Address: Phone: E-Mail: Project Background: to be filled in at time of negotiation) PROCEDURES \ 1 + ll J The City of Ea nd d ors all d e re-e eme nts and roved res detailed in the Donor Poc • To b co side ed fidr aming, p!?opo~~s mutt b ubmitted during the schematic desi n p~ ,ces~. N con6ruc ion su tantial renovation or replacement projects will a conside'red o naming o nities. • Ste -One: Cont ct th he City of Eagan Director of Parks and Recreation and City Ad inisinaer t9/neg 3i a terms of the donation. • St l p Two: P .esentation of proposal to the Advisory Parks Commission and City Co' nciaming will be at the discretion of City Council. • St;p' hree: Upon approval, Donor Agreement will be signed and kept on record with the City of Eagan. Naming rights carry no power of direction to the City of Eagan on matters of schedule, design, furnishing, or priority of use. ~6 -Z- USES AND PURPOSES Project Intent: (filled in at time of negotiation) Method of Payment: (filled in at time of negotiation) Method of Recognition: (filled in at time of negotiation) The uses and expenditures of these funds shall be consistent with the City of Eagan policies and ordinances. The funds shall be administered by the Director of Parks and Recreation or his/her designee. Should the donor renege on any payment once the project has commenced and the donor agreement has been signed, the City shall be allowed to keep any portion of the donation already paid, and naming rights shall not apply. Should the City fail to use the funds for the stated purpose in the Donor Agreement, the funds shall be returned to the donor. dated this day of '20 Donor or Donor Representative dated this day of , 20 City of Eagan Director of Parks and Recreation dated this day of , 20 City Administrator, City of Eagan dated this day of , 20 Mayor, City of Eagan -3- Donor Bill of Rights As accepted by the American Association of Fundraising Council (AAFRC)' PHILANTHROPY is based on voluntary 7. To expect that all relationships with action for the common good. It is a individuals representing organizations of tradition of giving and sharing that is interest to the donor will be professional primary to the quality of life. To assure in nature. that philanthropy merits the respect and trust of the general public, and that 8. To be informed whether those seeking donors and prospective donors can have donations are volunteers, employees of full confidence in the not-for-profit the organization or hired solicitors. organizations and causes they are asked to support, we declare that all donors 9. To have the opportunity for their have these rights: names to be deleted from mailing lists that an organization may intend to share. 1. To be informed of the organizations mission, of the way the organization 10. To feel free to ask questions when intends to use donated resources, and of making a donation and to receive its capacity to use donations effectively prompt, truthful and forthright answers. for their intended purposes. 2. To be informed of the identity of those serving on the organizations governing board, and to expect the board to exercise prudent judgment in its DONOR BILL OF RIGHTS DEVELOPED BY American Association of Fundraising Counsel (AAFRC) stewardship responsibilities. Association for Healthcare Philanthropy (AHP) Council for Advancement and Support of Education (CASE) 3. To have access to the organizations Association of Fundraising Professionals (AFP) most recent financial statements. ENDORSED BY (In Formation) Independent Sector 4. To be assured their gifts will be used National Catholic Development Conference (NCDC) for the purposes for which they were National Committee on Planned Giving (NCPG) National Council for Resource Development (NCRD) given. United Way of America 5. To receive appropriate acknowledgement and recognition. 6. To be assured that information about their donations is handled, with respect and with confidentiality to the extent provided by law. http://www.aafrc.org/choose_counsel/donor.htnd -4- CITY OF EAGAN VISION STATEMENT City Council 2003: Patrick Geagan, Mayor Peggy Carlson Meg Tilley Cyndee Fields Mike Maguire VIEW OF MISSION The City of Eagan exists to serve the needs and interests of its present and future citizens by providing quality public services, personal and property protection, a healthy environment, a stable tax base, attractive amenities, a sense of community and ethical representation. The City will endeavor to reflect community values in an effective, responsible, efficient and visionary manner. VIEW OF CONSTITUENTS The City of Eagan considers everyone with whom it interacts as a constituent and as a customer. First and foremost among these customers are its citizens. To serve its customers, the City is committed to equal representation, personal dignity, the value of diverse opinions, democratic participation and the importance of honest feedback. In its interactions with citizens and all other constituents, the City of Eagan is committed to the qualities of fairness, openness and responsiveness. Quality customer service will be central to all interactions with the City. VIEW OF SERVICE DELIVERY The City of Eagan is committed to being responsive in meeting the needs of the community within the fiscal parameters the community will support. Services will be provided effectively and efficiently for the quality and level of service desired by the public through the employment of highly-qualified, creative, dedicated employees and the application of the highest standards of responsible fiscal management. VIEW OF QUALITY OF LIFE The City of Eagan encourages the maintenance and enhancement of all aspects of its quality of life. This includes its commitment to economic opportunity, educational excellence, efficient service delivery, environmental integrity, recreational variety, attractive neighborhoods and community pride. VIEW OF THE ENVIRONMENT The City of Eagan will proactively protect its natural environment. The land, water and air, aswell as the things which live in them and on them, are important assets to be preserved and enhanced for our own enjoyment and well-being and that of future generations. The City's role with respect to the environment shall be that of active steward and conservator. Pollution, abuse of the environment and unnecessary modifications of the environment will be opposed. The City, 29 -5- collectively and individually, will endeavor to maintain the environment, mitigate impacts on it and enhance it to the extent possible. VIEW OF DEVELOPMENT The City of Eagan is committed to encouraging and fostering orderly, high-quality development and redevelopment. The Cityv`Till maintain a balanced variety of housing types, diversity of commercial and industrial development and effective integration of land use types. Eagan is planned to be a fully developed city in the future; and efforts will be made to effect that growth in a rational, deliberate manner in the best interests of all residents, both present and future. The City will maintain its standards while recognizing the need to be sufficiently flexible and creative to permit quality development to occur. VIEW OF ECONOMIC VITALITY The City of Eagan recognizes the need to foster an attractive and desirable business environment in order to ensure employment opportunities for its citizens, a strong tax base, retail services for its citizens and economic opportunities for entrepreneurs. The City of Eagan will encourage the formation of head of household jobs, clean industries, economic diversity, commercial stability and effective relationships with the regional, state, national and international economies. VIEW OF ROLE IN THE REGION AND STATE The City of Eagan recognizes the importance and value of intercommunity and intergovernmental relationships in the advancement of the interests of its constituents. In this regard, the City is committed to active participation in activities and organizations which further these interests. The City is further committed to balancing its interests with the needs of the region and the state and will conduct its affairs in a manner that recognizes the interests of its neighbors. VIEW OF IMAGE The City of Eagan will encourage community identity and community and neighborhood pride by fostering an image of quality in its built environment and excellence in its services and amenities. VIEW OF THE FUTURE The City of Eagan recognizes that its future is shaped by the decisions made today. It is also bounded by current circumstances and their dynamics over time. While growth and economic vitality continue, services must continually adapt over time to meet the changing needs of a diverse population, technological change and a global, service-based economy. To meet these needs, the City must plan with vision, encourage balanced services and welcome orderly change. 0D i Agenda Memo February 3, 2004 CONSENT AGENDA: T. TOBACCO LICENSE - K LIQUOR ACTION TO BE CONSIDERED: Approve 2004 Liquor License for K-Liquor, 1274 Lone Oak Road, Eagan FACTS: • All requirements of the application have been met • Staff deems the renewal of the tobacco license in order for approval Agenda Information Memo February 3, 2004, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE TO EXCEED THE 10 FOOT SETBACK FOR A LIVING SPACE ADDITION BY 5 FEET LOCATED AT 1973 COVINGTON LANE (MARCIE TIETJEN) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to exceed the 10 foot living space setback by 5 feet for an addition to the principal structure at 1973 Covington Lane; subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL • Majority of quorum FACTS: • The applicant submitted an application for a building permit for an addition to their existing home. • The property is zoned Planned Development, the intention of this Planned Development was to meet all the R-1 standards except for lot size and lot width requirements. The lot is 70 feet wide; R-1 standards require the lot to be 85 feet wide at the setback line. • The 14,000 square foot lot has a house with attached garage present. The majority of the back yard is occupied by a drainage and utility easement, making expansion to the rear minimal. • A permit was issued for the proposed addition noting the requirement for a ten foot setback to the proposed living space; a routine field inspection indicated a discrepancy in the setback. • An application was submitted for a three foot side setback variance, which was noticed for consideration at the January 20, 2004 City Council meeting. ISSUES: • In a submittal received after notices were mailed, and the January 20, 2004 City Council meeting, the applicant indicated that a five foot side yard setback variance would be required, rather then the three foot variance requested and noticed. As a consequence, the City Council continued the item to permit a revised notice to be mailed and published. • The five foot variance request has been noticed and published. 60 DAY AGENCY ACTION DEADLINE • A waiver has not been signed • Deadline is February 29, 2004 0 ATTACHMENTS (1): p~~ Revised Planning staff report, pages-Vto P. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 26, 2004 CASE: 32-VA-24-12-03 APPLICANT: Marcie Tietjen HEARING DATE: February 3, 2004 PROPERTY OWNER: Same APPLICATION DATE: Dec. 30, 2003 REQUEST: Variance PREPARED BY: Sheila Cartney LOCATION: 1973 Covington Lane COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a five foot Variance to the 10 foot side yard setback for living space for an addition to the principal structure at 1973 Covington Lane in the northwest 114 of Section 32. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report - Covington Lane Variance February 3, 2004 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.60 Subdivision 5E requires a 10 yard side yard setback for a principal structure. BACKGROUND/HISTORY A building permit was issued for a two story addition totaling 789 square feet to the subject property. Upon verifying the property line in the field during the footing inspection, a discrepancy in the side yard setback was revealed. The living space portion of the addition is proposed to be located five feet from the north property line rather than the required 10 feet. The site plan submitted with the building permit indicated that the addition would meet the 10 foot setback. EXISTING CONDITIONS The subject site is zoned Planned Development and the lot is 70 feet by 200 feet (14,000 square feet). There is a single family home with an attached two stall garage present onsite. A drainage and utility easement occupy the majority of the back yard. APPLICANT'S ESTIMATE OF HARDSHIP The applicant describes their small lot as having constraints that are atypical of other lots in the subdivision. There is a drainage and utility easement on the property that starts 36 inches from the back door and measures 30 feet in depth across the back yard. There is no option of vacating this easement. EVALUATION OF REQUEST The request is for a five foot variance to the 10 foot setback requirement for living space. The addition is a two story addition along with added garage space. The need for a variance was discovered in the field upon a footing inspection, the site plan submitted by the applicant indicated the required setbacks were satisfied. As previously mentioned the property is zoned Planned Development. The intention of this Planned Development was to meet all the R-1 standards except for lot size and lot width requirements. This subdivision has some lots under the 12,000 square foot area requirement and some lots do not meet the 85 foot lot width at the setback line requirement. The subject site does Planning Report - Covington Lane Variance February 3, 2004 Page 3 not meet the 85 foot lot width at the setback requirement, but exceeds the 12,000 square foot area requirement. In 1998 a similar variance was granted within the neighborhood. SUMMARY/CONCLUSION The applicant is requesting approval of a five foot variance for the proposed addition. The addition is proposed to have a five foot setback from the side property line which has a 10 foot requirement. When the applicant applied for a building permit the submitted plans indicated a 10 foot setback for the living space addition, when a field inspection was conducted the setback discrepancy was discovered. A drainage and utility easement covers the entire back yard in which no structures are allowed. The south side of the principal building is 14 feet from the side property line leaving no room for a complying addition. ACTION TO BE CONSIDERED To approve a five foot Variance to allow the proposed addition to have a setback of five feet from the north side property line at property located at 1973 Covington Lane 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 addition shall have a roof pitch and style that match the principal building. 86 Eagan Boundary j Street Centerline Location Map Parcel Area Building Footprint m y \ ® ~ ~g 4 JO ~ ~ ~ t+ sue., ,fir x ~ a" A U4. JO i 1 8 X0`1 e® ® . % .i •~s m Ilia * i g s ap ! m Subjectite i/ / 1 s e o® ~ D y ® ® e ® ~ 8 e ® ~ a m lap n et a~ \ a6 e ° ~m Ile Ile It 1000 0 1000 2000 Feet Development/Developer. Marcie Tietjen Application: Variance Case No.: 32-VA-2412-03 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of June 2003. city of eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY " t The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. r a 'i r 0 ~s i' ~ •Vr ~14 Go ~ ' ~s a C,. . n 4 ~pP~a0.g 9~4' ~ ~'Sg•~2 ,3R•cy Q 7 O so O` ~ ` _ u EX'S i 93S.c ~ V r7; - zo.33 i a p 4~}f?A4Er o 2b,,,~''~ 14,5J fta~C a ~'t~~ ' 4 t/er:, e f N , 94e.o ~ ~ ~S _ E t -r 9 c{'til 93o.y t~2vPo n ro 2 ` 33.0 CA SGb,LE Z I 30~ UTlU -',If EMwC, I SEAe, M44 A.40MEfl I r~cr>• t~c~ i12~~-; I oD~(a-rEs teoi.t Mol~itS~EKT" E,c~ S i 92= 3 I ~w - I RECEIVED Dc"j 3 3 2003 C. z t Pita f.► I 4 BER~SNtRE Potitvg, . XY Be ,ems Snr ,Ir-r I Reece 1rx4r DW c.e.e.ra New 411' x 4r Db1 Gwen- I ,e'er' • - e -44rrw- - 1 (@IGNEE ii (BdGNEER NOTE FLOORIT S) FLOOItTRUSS) ENGINEERED GIRDERTRUSSTO ART I I 9' CEILINGS f I CABLE RAMING I I - I.~7'-11t? / I SAWS F CEILINGS BEDROOM I 15-11' x 14'-3• ABBYS BEDROOM rr 16-1 x 14'-3• ex i ~ ~~,ar I 6CEILINGS -B~~ly~ WALK-IN = CLOSET T-1 r x 11'-T ,sue yr D MASTER BDRM ---I--- --r----- 1s-rx 1s-o• GARAGE 29-3' x 21'-3• oil r D I I I I I I Constructive Name Plan Type Original Date Scale Page Solutions Marcie & Pat Tietjen Upper Level a-26-03 13012 VemDn Ave Savage, MN 55378 Address Project Type Revision Dote Drawn By Drswinps and design are preliminary 952-E94-4a2D 1973 Covington Lane ardy and mer enak foranshcb . 952-8950631 Fax Eagan, MN 55122 Addition 12-29-03 p ~w ~B..~Engstrom o') oe°y"gtdOf Come ~""O"' T i : rte- i i ;:4v 33' S' _ Raowar stud VV.idow - - - - -N..ae•x Ode...n. w.~aa. - - 30 - - Loud 2200 an - - - - - Loud 3600 bs - - 24•x HW dar.22K10'a H..dW2a0Oa 2s•x 24-x it (bad 6000W (m.. le•d 6000 bA 24•X it PAD PAD 37.6 6A PLAY I = b ROOM 37-s•x is-10• 10 COURSES traLOCK YVITH V TOP COURSE CORE F01ED EVERY 6' VATHM I= ATTAOHM TO THE FOOTM ( N 7 17-012' ~s L7 W-W I I , 7•P L a sa• STORAGE CLOSET z.t1-.,Tr I I _ _ § B'-9' x 11'-3• ~ P b BEDR f•10 5-A• -11'-17' x 5-7• -J a 1000URSE512'8LOCK I I CORE FL ED COURSE rviniM ROD s FTT TO THE I I I! If II n II II b I I I I I I I " - I 1 I C.E. m~ li II II i a l l I I I I II II II s Constructive PlanTyye OfiginaiDale scale page Solutions Marcie & Pat Metjen Lower Level 8-26-03 118" = 1' 13012 Vernon Ave Savage, MN 55378 Ad*M Project Type Revision Data Drawn By Oraainyc and decipn arc pe6mirnry 9524894-4420 1973 Covington Lane wr and not trait tar eOnabucli " 952-895-0631 Fax Eagan, MN 55122 Addition /TJ12-29-03 B. Engstrom C.) copyri9M of Constrlu3ve So34ions ' ~G~nw b~-•~r/r Constructive Plan Type Original Date Scale Page Solutions Marcie & Pat Tietjen P6 Elevation 8-26-03 1/8" = 1' 13012 vernon Ave Savage. MN 55378 Address Froied Type Revision Data Drawn By Orawinga and design an pefminary 952-884-442D 1973 Covington Lane O* and nO"roa for CO" O"' 952-895A631 Fax Eagan, MN 55122 Addition 11-6-03 B. En strom c.~ copyrigM of Cmstrmefe Solwons Agenda Information Memo February 3, 2004, Eagan City Council Meeting VI. OLD BUSINESS A. CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. ACTIONS TO BE CONSIDERED: The applicant has requested this item to be continued until the March 2, 2004 regular City Council meeting. REQUIRED VOTE FOR APPROVAL ➢ Majority of Quorum FACTS: ➢ The applicant is requesting the continuance to allow additional review of the site. 60 DAY STATUS: ➢ March 29, 2004 (reflects 60-day City and applicant requested extensions) ATTACHMENTS (1): Request for extension on page ~cv. 6126870411 JAN-28-04 12:50 PM D I 6126870411 P.01 Cedarvale Business Center 3914 Cedar Grove Parkway Eagan, Minnesota 55122 I (651) 687-0510 ' I Januazy 28, 2004 Mike Ridley I ! City or Eagan ~ is Re: February 3`d City Council meeting j Dear Mike, After discussing the matter with Mr. Ridley and John Fitzgerald (my uncle and managing partnet of Cedarvale Business Center) it appears as though l will not be able to reply to ! the Ciiy Council's request for an easement regarding our parking lot at the February 3rd rneetir>jg, since John is out of the country until after the meeting. I would like to request + another continuance at this point. It is my understanding that the whole council will not be in attendance at the following meeting on February I7'h, therefore I would like this item tc be heard again at the City Council meeting on March 2"d, 2004 i Please contact me if you have any questions regarding this matter. i I 5.incerjly Richard Fitzgerald I j I; Agenda Information Memo February 3, 2004, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) - RICH RAGATZ ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Preliminary Subdivision (Woodland Place Addition) of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road; subject to the conditions in the December 18, 2003 Advisory Planning Commission minutes. To approve the vacation of a portion of public right-of-way known as Dodd Road adjacent to Cliff Road, retaining all existing public drainage and utility easement rights, and authorize the Mayor and City Clerk to execute all related documents; OR To Deny the request for the vacation of public right-of-way known as Dodd Road adjacent to 660 Cliff Road. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • At the January 20, 2004 City Council Meeting, the Council directed staff to work with the applicant to determine exactly how much right-of-way is necessary to allow Lot 1 to conform with City standards. • The property is zoned R-1, Single Family Residential and Guided LD, Low Density Residential. • The subdivision consists of three unplatted parcels, Weierke Trench and Excavating and a single family home exist onsite. • The subject site is located within a Shoreland Overlay district and is subject to those standards. • The proposed lots range from 12,144 to 23,409 square feet; minimum lot size in an R-1 zone is 12,000 square feet. • The Advisory Planning Commission held a public hearing on December 18, 2004 and recommended approval. ISSUES: • The developer for Woodland Place has requested the vacation of a portion of the existing right-of-way of Dodd Road for the benefit of the development. As a part of 9~ the recent reconstruction of Dodd Road, this portion of the public street was realigned to improve the angle of intersection with Cliff Road. The realignment moved the street away from the proposed development. Attached is an exhibit of the realigned street and the existing right-of-way. • It is anticipated that Cliff Road near Dodd Road will be upgraded in a manner similar to the divided 4-lane design constructed in 2001 on Cliff Road, between Pilot Knob Road and Lexington Avenue. While this improvement is not expected within the next ten years, it would be appropriate to protect the public's interest and accommodate the future street expansion to the best of staff's ability when provided the opportunity. • It is likely that a new traffic signal would be installed as part of an upgrade of Cliff Road, or shortly after the completion of the upgrade. Public right-of-way will need to accommodate the installation of this future traffic signal as well as any reconfigurations of the intersecting city streets. At a minimum, it is very likely that a right turn lane would be constructed on the portion of Dodd Road next to the development site. The attached exhibit represents the area of right-of-way required to accommodate the future traffic signal and right turn lane. • Based upon this preliminary design analysis for the upgrade of Cliff Road at the intersection with Dodd Road, the indicated right-of-way would be available for vacation to the adjacent property owner. 120 Day Agency Action Deadline: • March 19, 2004 ATTACHMENTS (3): Advisory Planning Commission minutes page96 through= Planning Staff Report page loo throughj.~Jp Turn lane exhibit on page/ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 11 D. PRELIMINARY SUBDIVISION - EPIC DEVELOPMENT, LLC Planner Cartney introduced this item and highlighted the information presented in the City Staff Report dated December 11, 2003. She noted the background and history of the subject property for the action to be taken by the Planning Commission. The applicant was present and indicated they were available to respond to any questions. Chair Heyl opened public hearing. There being no comment, Chair Heyl closed the public hearing and turned the discussion to the Commission. Chair Heyl commented that the revised application is in full compliance with City Code and was an improvement to the prior submission. Member Bendt requested clarification concerning the resubmission and City Planner Ridley commented that the applicant rewithdrew the previous request and submitted a new application thereby requiring a new Public Hearing and Planning Commission action. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a preliminary subdivision to create 14 single family lots on 6.3 acres located at 630 & 660 Cliff Road in the NW 1/4 of Section 36, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A. Financial Obli atg ions 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-WaX 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside 96 City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 12 of dedicated public right-of-way as necessary to service this development or accommodate it. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 2. The property shall be platted. i City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 13 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. The development shall be responsible for a cash parks dedication. 5. The development shall be responsible for a cash trails dedication. 6. The development shall include a twelve foot wide Trail Easement between lots seven and eight. Said easement may be used by the City to develop a trail should it be determined that a trail would be a beneficial means of access to the adjoining park property. The easement may be vacated at the discretion of the City. The Easement shall be in a form and text approved by the City Attorney; the plat should include the vacated Dodd (if approved by Council) to Lot 1; and if not approved, it should remain as dedicated right-of-way. 7. The developer shall construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. 8. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards. 9. The developer shall dedicate right-of-way for Dodd Road along the southwest portion of the plat, as shown on the preliminary plat. 10. The developer shall dedicate 60 feet of '/2 right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. 11. This development shall dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location (minimum 20' wide centered over the pipe) as determined necessary by City engineering standards. 12. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 13. The applicant contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 14 grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 14. A revised Tree Preservation Plan shall be submitted that shows the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater, for all trees indicated to be preserved, including tree numbers 1, 3, 4, 7, and 68-73. 15. A minimum stormwater treatment wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres shall be required to treat runoff from 3.0 acres of this development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 16. A cash dedication in lieu of on-site water quality ponding shall be required for the remaining 3.3 acres of this development. All voted in favor. Motion carried 5-0. 99 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 2003 CASE: 36-PS-19-09-03 APPLICANT: Richard Ragatz HEARING DATE: December 18, 2003 PROPERTY OWNER: Roger & Stuart Weierke APPLICATION DATE: Nov. 19, 2003 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: 630 & 660 Cliff Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create 14 lots on 6.3 acres located at 630 and 660 Cliff Road in the NW of Section 36. A similar application was before the Advisory Planning Commission on October 28, 2003 for the same property proposing 16 lots and variances to the lot width and street frontage requirements. The applicant requested revising the subdivision to satisfy City Code and revisit the Advisory Planning Commission. 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 /yy Planning Report - Woodland Place December 18, 2003 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The proposed subdivision is for three unplatted tax parcels located along Cliff Road and Dodd Road, known as the Weierke property. The property's zoning changed from Agriculture to R-1 Single Family Residential with a City wide zoning map update; adopted on September 17, 2002. An application for Preliminary Subdivision and Variances were heard before the Advisory Planning Commission in October, the Commission recommended denial, based on the variances not meeting the hardship test. / I Planning Report - Woodland Place December 18, 2003 Page 3 EXISTING CONDITIONS The property is currently being used for Weierke Trench and Excavating, and there is a single family home with two detached garages located on the eastern most parcel. There are many outbuildings throughout the site. The southern portion of the site is bordered with mature trees. The subject property is located within the Holtz Lake Shoreland Overlay district. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Residential R-2, Residential LD, Low Density Double Residential South Residential R-1, Single Family LD, Low Density Residential Residential East Residential R-1, Single Family LD, Low Density Residential Residential West Vacant with a A, Agriculture LD, Low Density temporary greenhouse Residential EVALUATION OF REQUEST Preliminary Subdivision: Compatibility with Surrounding, Area -The property is currently zoned R-1, Single Family Residential, this change was initiated with the City wide zoning map update; adopted on September 17, 2002, the property was previously zoned Agriculture. At that time single family residential development was deemed compatible with the surrounding area. Shoreland Overlay - The subject site is located within the Holtz take shoreland overlay district and is subject to development standards for General Development Waters. The code requires that nonriparian lots be a minimum of 12,000 square feet; there are only nonriparian lots within this development. The minimum lot width (at building setback line) requirement in this shoreland area is 75 feet, maximum structure height is 35 feet and the maximum impervious surface is 25 percent. R-1 bulk standards are a minimum12,000 square feet lot area, 85 feet lot width at building setback line, 35 feet maximum building height and 20 percent maximum building coverage, not impervious surface. When reviewed against each other, the more restrictive standards apply. /O CZ Planning Report - Woodland Place December 18, 2003 Page 4 Density - The net density is 2.8 units/acre the gross density is 2.0 units/acre. The Comprehensive Guide Plan allows residential density of 0 to 4 units per acre for Low Density land use designation; the proposed density complies with the Land Use Designation. Lots - The proposed lots range from 12,144 to 23,409 square feet in area. The minimum lot size requirement in an R-1 zone is 12,000 square feet; all the lots comply with this requirement. The Code minimum lot width requirement is 85 feet at the building setback line and 50 feet of street frontage. As proposed all lots meet this requirement. Setbacks - The following minimum setbacks are required for all buildings in the proposed development: Front yard (Cliff Road) 50 feet Front yard 30 feet Side yard Dwelling 10 feet Garage 5 feet Rear yard Dwelling 15 feet Garage 5 feet Landscaping - A landscape plan is not required for single family residential. However, the submittal plans call for a to five foot berm along Cliff and Dodd Road with about 50 Evergreen trees planted on top, to help with noise reduction. No plantings are allowed in easements or public right-of-way. Grading- The preliminary grading plan is acceptable with modifications. The site generally slopes east to Manor Lake within Holz Farm Park adjacent to the property, with elevations ranging from 940 to 926. Storm Drainage- The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain east via public storm sewer to a new water quality and rate control pond on Lot 10 before discharging to Manor Lake Pond LP-28 (as designated in the City Storm Water Management Plan - 1990) within Holz Farm Park. The developer should construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. The new pond should be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards. Wetlands/Water Quality - This proposed 6.3-acre single-family subdivision is located in the City's L-watershed and also is within the shoreland overlay district of Holz Lake, a Class II Indirect Contact Recreation waterbody, according to the Water Quality Management Plan. Portions of the site (3.3 acres total) are proposed to drain offsite either to the northeast, east, south, or west. The remainder of the site (3.0 acres) will drain into a proposed stormwater treatment pond in the southeast corner of the parcel. This pond will drain to Holz Lake. /D3 Planning Report - Woodland Place December 18, 2003 Page 5 The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments. With an approximate impervious proportion of 20 percent, a minimum wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres would be needed to treat the stormwater generated by 3.0 acres of the development. The pond would have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. A cash dedication in lieu of ponding would be required for untreated stormwater runoff from 3.3 acres of the development. There are no wetlands associated with this parcel. Utilities- The preliminary utility plan is acceptable. Water main of sufficient size, depth and capacity is available for connection within Dodd Road along the west edge of the development. Sanitary sewer of sufficient size and capacity is available for connection and extension within Cliff Road. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- Public street access for the development will intersect with Dodd Road. Dodd Road from Cliff Road to the Eagan/ Rosemount border was upgraded to an urban street with concrete curb & gutter and storm sewer in 2002. Easements/ Permits/ Right-of-Way- This development should dedicate right-of-way along Dodd Road, as shown on the preliminary plat. The developer has petitioned the City for the vacation of a portion of the right-of-way for Dodd Road. The portion of Dodd Road adjacent to the property was re-aligned as part of the Dodd Road Street & Utility Improvements (City Project No. 751R) to better align with Cliff Road. The re-alignment shifted the roadway to the west, creating potentially excess right-of-way in the northwest area of the preliminary plat. If approved by the City Council, the vacated right-of-way will be incorporated into the final plat for the subdivision. The developer should dedicate 60 feet of 1/2 right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. This development should dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location(minimum 20' wide centered over the pipe) as determined necessary by engineering standards. Tree Preservation - A tree inventory submitted with this application indicates that there are forty- four (44) significant trees in the inventory. Individual tree species include pine/spruce, maple, elm, apple, birch, oak, and cedar trees. The development as proposed will result in the removal of ten (10) significant trees (22.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal /v , Planning Report - Woodland Place December 18, 2003 Page 6 for this type of development proposal (single-phase, single-lot, residential) is set at 40.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Off-site trees Several trees on the submitted tree inventory have been removed from the site inventory because they are located on the southerly 36.88 feet of the property (this area is not within the parcel included in this application). Trees removed from the inventory are numbers 22, 29, 35-40, 42- 44, and 46-49. Preserved trees requiring tree protection fencing Several trees shown on the submitted tree preservation plan as being preserved appear to be located in areas that will receive some amount of grading or site alteration. These trees need to be protected through the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater. Trees requiring this "interior site" tree protection fencing are numbers 1, 3, 4, 7, and 68-73. Parks and Trails - Trails The proposed Woodland Place development is located adjacent to the former Richard Holz house which was acquired by the City in the mid 1990's for the purpose of incorporating it into the historic Holz farm site. The house on the Richard Holz site is currently rented out by the City on an annual basis. The recently completed Holz Farm Master Plan suggests the development of a nonvehicular trail access extending from the Holz property to Dodd Road. The trail would potentially provide access to the farm from the existing wide City trail system, and a connection to the Lebanon Hills County Park system. The master plan also suggests the development of a possible vehicular access to the park from Dodd Road and the inclusion of the connector trail within the same corridor. Neighbors to Holz Farm were involved in the master planning process and provided much of the input that was used to prepare the concepts depicted in the plan. At the request of staff the Developer is proposing the inclusion of a twelve foot wide "Trail Easement" between lots seven and eight. Staff is suggesting that this be considered as a "temporary" or conditional easement upon which a trail would be developed only if a combination vehicular/pedestrian access is not developed at the more desirable location to the south of the this development, as depicted in the master plan. The more southerly corridor is preferred due to the potential for multiple uses, alignment with existing and future roadways and trails, and the more suitable grades. The development of a vehicular access to the park through Woodland Place would be difficult due to grades and the narrowness of the adjoining park area. At such time as the more southerly access is completed, this easement would be vacated. No time line has been established. Parks Most of development is adjacent to a non-programmed, disturbed portion of the park, beyond the gated control points. The slopes of the long back yards will limit development on the adjoining /oS. Planning Report - Woodland Place December 18, 2003 Page 7 lots. The primary function of that portion of the park will be the possible accommodation of the entrance drive and field parking. There is a limited amount of significant natural vegetation along the property line. In such instance a cash park dedication would be appropriate. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create 14 lots on 6.3 acres located at 360 and 660 Cliff Road. The proposed lots range from 12,144 to 23,409 square feet in area. The lots are proposed to meet R-1 setbacks. The applicant proposes to plant an evergreen buffer on top of a five foot berm to be added along Dodd Road and Cliff Road to reduce noise. The applicant is also proposing to offer side loaded attached garage, the garage would give the feel as being part of the house so the garage would not dominate the lot. The development will be accessed via a cul-de-sac street from Dodd Road. A twelve foot trail easement is proposed between lots 7 and 8, which would be a temporary trail. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create 14 single family lots on 6.3 acres located at 630 & 660 Cliff Road in the NW'/. of Section 36. If approved, the following conditions shall apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: lA, Bl, 2, 3, 4, C1, 2, 3, Dl, and E1 1. The property shall be platted. 2. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 3. The development shall be responsible for a cash parks dedication. 4. The development shall be responsible for a cash trails dedication. 5. The development shall include a twelve foot wide Trail Easement between lots seven and eight. Said easement may be used by the City to develop a trail should it be determined that a trail would be a beneficial means of access to the adjoining park property. The easement may be vacated at the discretion of the City. The Easement shall be in a form and text approved by the City Attorney; the plat should include the vacated Dodd (if approved by Council) to Lot 1; and if not approved, it should remain as dedicated right- of-way. 6. The developer shall construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. M6 Planning Report - Woodland Place December 18, 2003 Page 8 7. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards. 8. The developer shall dedicate right-of-way for Dodd Road along the southwest portion of the plat, as shown on the preliminary plat. 9. The developer shall dedicate 60 feet of 1/2 right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. 10. This development shall dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location (minimum 20' wide centered over the pipe) as determined necessary by City engineering standards. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 12. The applicant 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. 13. A revised Tree Preservation Plan shall be submitted that shows the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater, for all trees indicated to be preserved, including tree numbers 1, 3, 4, 7, and 68-73. 14. A minimum stormwater treatment wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres shall be required to treat runoff from 3.0 acres of this development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 15. A cash dedication in lieu of on-site water quality ponding shall be required for the remaining 3.3 acres of this development. I STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. AM 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised:_ February 2, 1993 LTS#S STAN DARD.CON ~ g I FINANCIAL OBLIGATION-Woodland Place Preliminary Subdivision There are pay-off balances of special assessments totaling $10,803 on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there is a deferred assessment in the amount of $24,000 on one of the parcels proposed for subdivision. The conditions of deferral call for that assessment to be activated when the property is developed This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral S.F. $6,969 Total $6,969 2003 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. //D REVISED PRELEVIINARY SUBDIVISION SUBMITTAL Revised Preliminary Subdivision Plan: 1. Proposed subdivision name is Woodland Place, vicinity map see attached map for details. Owner: Roger & Stuart Weierke 660 Cliff Road Eagan, MN 55122 (651) 454-3626 Developer: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Nfinneapolis, MN 55416 (612) 730-2814 Surveyor/ Engineer: Perry Ryan Ryan Engineering 434 Lake Street Excelsior, MN 55331 (952) 380-5001 Contact Person: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730-2814 Preparation Date: November 19, 2003 This is a revised preliminary subdivision application for Woodland Place. The revised layout is comprised of 14 single-family residential lots with no variances requested. All of the lots meet the frontage width minimum of 85 feet and the minimum lot size of 12,000 square feet. Even though it is not required, I still plan on berming along Cliff and Dodd Road's and planting over 50 trees. I also hope to save as many trees as possible, either by transplanting or preserving. The only thing that has changed from the previous submittal is the number of lots (down to 14 single-family lots) which results in conforming lot sizes and frontage widths. The rest of the submittal should be straightforward with the revised plans and specifications providing the details. Please let me know if you have questions or need additional information. C: weierkerevisedprelimsubeagan Eagan Boundary Location Map Stn.t centergn. Q Parch Area Building Footprint v !t tub. > rf er err 9- fl ` vQ a fl ` 'a ~ , fal I. (O ~ Y S~~/wa- C g° 5 IV s - 0 0 F .B B a. m i 9 IF m Sub eet Sito v a e a1 a ~ F4 ~ Y ® D aYV~tG 4 ..rO i 1t/ s Gae d e aR / IN m m ; ; v ~ a 3 f a a7 9 di ' ~ s a~ iL- • s l 2 O t. is -d 92 B d d®~4~tdp a Y\~I A r..a S a s` P11 \ 1000 0 1000 2000 Feet Development/Developer. Woodland Place Application: Epic Development LLC Case No.: Preliminary Subdivisio Map Prepared using ERSI AmV.w 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of June 2003. / W E CIt OI' C'CI Ci11 THIS MAP IS INTENDED FOR REFERENCE USE ONLY V The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S t-nity o.vd.p.nmt Depart-.t not responsible for errors or omissions. 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DWG DATE: 1-28-04 COMM: 49-03-000 eQ1 1 Agenda Information Memo February 2, 2004, Eagan City Council Meeting C. CONDITIONAL USE PERMIT - SOWLES PROPERTIES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of, equipment, materials, and current/late model cars associated with a site plan and item list, dated January 28, 2004, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • At the January 20, 2004 City Council meeting, Sowles Properties agreed to continue to the February 3, 2004 meeting in order to provide staff with a more detailed list of outdoor storage items relating to a site plan. At the same time the request for a setback variance and a CUP for a 113 foot crane were denied. • In 1994, a CUP was issued for Lull Industries for outdoor storage of parts and equipment based on a site plan submitted at that time. • The site is largely encompassed with outdoor storage of miscellaneous items. • The majority of the storage items are directly related to Sowles business and other tenants in the building. Outdoor storage should be related to the uses on the property. • Five of the nine outdoor storage Code Requirements are met, the storage items are not proposed in an enclosure. • The Advisory Planning Commission held a public hearing on December 18, 2003, and is recommending approval; subject to the conditions in the APC minutes. ISSUES: • The APC added conditions including that outdoor storage of items be limited to tenants of the principal building and a fenced in enclosure for all outdoor storage. 60 DAY AGENCY ACTION DEADLINE • March 18, 2004 - a waiver has been signed ATTACHMENTS (4): Advisory Planning Commission Minutes pages through Draft City Council Minutes 1/20/04 n page / Planning Staff Report on pages Mhrough~ Letter and site plan from applicant on pages/through 1457 Aa ~ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 3 B. CONDITIONAL USE PERMIT - SOWLES PROPERTIES, LP Planner Cartney introduced this item and highlighted the information presented in the City Staff Report dated December 15, 2003. She noted the background and history of the subject property for the action to be taken by the Planning Commission. Several applicant representatives were present along with their attorney, Bill Cottrell. Mr. Cottrell highlighted that the request for the crane was essential to the success of the applicant's business operations. Chair Heyl opened the public hearing. Several employees of Sowles Properties, L.P. who reside in Eagan spoke in support of the application for outside storage and the necessity for the crane as an integral part of its business operations. A neighboring business owner, Ron Becker, similarly spoke in support of the application. There being no additional comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl noted that the property is zoned industrial and that not withstanding the visual impact of having a crane located on the property, such use may be expected and could be considered consistent with activities in an industrial area. She further commented that the crane, as proposed by the applicant will be located some 350 feet off Highway 13 and this would be an appropriate buffer from the public's view. Chair Heyl further commented that the proposed outside storage of vehicles must be consistent with City Code and specifically that the storage must be for an occupant or tenant of the principal building on the property: Member Gladhill commented that it appeared the crane was not harmonious with the area, but was a business necessity. Member Gladhill stated that his concerns were with the outside storage rather than the crane. Specifically, Member Gladhill commented that the applicant fails to satisfy several of the Conditional Use Permit standards, including the failure to provide an enclosure for the outside storage area and providing the required set back from Highway 13. Member Bendt commented that the crane should be of an appropriate color to blend in with the sky and similar to telecommunications towers. Member Bent also questioned if the crane could be used as a cell tower as well. He also commented that the storage of the vehicles were new vehicles rather than antiques, collectibles or junk cars. Member Leeder commented that the current plan only has 362 paved parking stalls and Planner Cartney explained that more stalls could be added and the area must be paved and striped in accordance with City Code. /o23 1 City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 4 Chair Heyl questioned the applicant concerning security for the area. The applicant commented that there are three entrances to the area and all have locked arm gates, however, there is no fencing around the perimeter of the property. Member Heyl expressed concern regarding the request for a variance of a set back for Highway 13 and City Planner Ridley commented that the prior owner, Lull Industries, likely had undertaken the outside storage within the set back before the current City standards. Member Bent questioned City Attorney Bauer about security and the City's responsibility. Bauer explained that an enclosure is a Code condition other than that can't really apply additional security methods. Member Leeder mentioned that the site has history and Highway 13 wouldn't really benefit with or without the setback variance. Leeder explained that the cars should be within an enclosure, this is also a code requirement and should be consistent with other outdoor storage within the City. Chair Heyl moved, Member Gladhill seconded a motion to recommend approval of a Conditional Use Permit to allow outside storage of a 113 foot crane, equipment, materials, and current/late model cars, associated with a site plan on the 24 acre site, and a 30 foot variance to the front yard setback on Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; subject to the following six conditions of the Staff Report and together with four additional condition (listed as 7 through 10 below): 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. If any type of aggregate surfacing is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 3. All parking and storage areas shall be properly maintained to prevent deterioration. 4. The outdoor storage items shall be limited to what is provided for with the site plan. 5. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code. 9--Y - City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 5 6. Subject to site plan dated Revised 12-03-03. 7. Outside storage items (including automobiles) must be for an occupant/tenant of the principal building. 8. The crane must be located 300 feet from Highway 13. 9. All outdoor storage areas must be enclosed by a fence. 10. Outdoor storage shall be setback 50 feet from Highway 13 (versus the 30 foot variance). Motion carried 4-1 (Member Bendt against (stating he believed the enclosure requirement should be only for the automobile outside storage)). ~Cy~ Eagan City Council Meeting Minutes January 20, 2004 Page 6 POLICY GUIDELINES FOR ADVISORY COMMISSION APPOINTMENTS AND PROCEDURES Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the Guidelines for Advisory Commission Appointments and Procedures Policy. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the policy that background checks be conducted on applicants to the advisory commissions. Aye: 5 Nay: 0 EXTENSION OF COMMISSION APPOINTMENTS TO APRIL, 2004 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the four month extension of all advisory commission terms, in order that all commission terms will be consistent when appointed in April of each year. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. City Administrator Hedges stated the applicant has requested this item be continued until the February 3, 2004 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a conditional use permit and variance for Realty Designs Inc. to February 3, 2004 Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator Hedges discussed this item regarding a request for a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, equipment, materials, and current/late model cars associated with a site plan on the 24 acre site, on property located at 3045 Sibley Memorial Highway and a request for a 30 foot Variance to the front yard setback for the approved outdoor storage items. City Planner Ridley gave a staff report. William Cottrell, attorney representing the applicant, discussed the proposed outdoor storage. The applicant spoke regarding the need for and use of the 113 foot tall crane. Councilmembers held a discussion regarding the visual impact of having a crane located on the property and the recommended condition made by the Advisory Planning Commission to enclose the outdoor storage area with a fence. They stated that a fence would likely be more unsightly than the outdoor storage. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct Findings of Fact for Denial of a conditional use permit to store a 113 foot tall crane on property located at 3045 Sibley Memorial Highway. Aye: 5 Nay: 0 Discussion was held regarding items to be stored on the site and potential future storage. The applicant agreed to continue the item to the February 3, 2004 City Council meeting to allow time to better define the type and amount of outdoor storage. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage of equipment, materials, and current/late model cars associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 20, 2004 Page 7 Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial of a 30 foot Variance to the front yard setback for the approved outdoor storage items associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (LONG ACRES) and REZONING MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning of 29.62 acres located east and west of Gun Club Road and north of 120'hStreet and a preliminary subdivision to create 51 single family residential lots upon 29.62 acres located east and west of Gun Club Road. City Planner Ridley gave a staff report. Frank Blundetto, representing Manley Development, discussed the proposed subdivision and rezoning. Councilmembers questioned if potential home owners would be notified of the close proximity of the Gun Club. Councilmembers and staff also discussed storm drainage issues, future development on adjacent Rosemount property, a traffic study which was performed by SEH Consultants and the proposed trail system. Two residents expressed concern regarding the close proximity of the gun club, the effect of lead shot going into the wetland and the loss of trees. Steve Sandberg, representing the Gun Club stated the club would like potential buyers to be notified of the existence of the Gun Club. He further stated that the Gun Club will strive to be good neighbors. Councilmember Maguire stated he feels it would be premature to develop this area at this time because of drainage issues. Councilmember Tilley stated she feels the DNR permit should be obtained prior to approval of the proposed development. Councilmembers Carlson and Fields stated the application meets all City Code requirements and should be approved. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of 29.62 acres located east and west of Gun Club Road and north of 120`s Street from Agriculture to R-1, Single Family Residential in the SE of Section 36: Aye: 2 Nay: 3 Mayor Geagan, Councilmembers Maguire and Tilley opposed. Motion failed. It was agreed that further discussion should be held at a City Council worksession. Councilmember Carlson moved Councilmember Fields seconded a motion to continue discussion and consideration of a rezoning and a Preliminary Subdivision located at Biscayne Avenue and Gun Club Road in the SE'/< of Section 36 until the February 10, 2004 Council worksession and the regular City Council meeting of February 17, 2004. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) RICH RAGATZ City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Woodland Place Addition) of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road. Senior Planner Ridley gave a staff report. After discussion between Council, staff and the applicant, it was agreed to continue consideration of the request to allow the applicant time to reconfigure Lot 1 so it would meet the 85 foot lot width requirement at the 30' setback which would eliminate the need to vacate all of the Dodd Road Right of Way requested by the applicant. I PLANNING REPORT CITY OF EAGAN REPORT DATE: December 15, 2003 CASE: 09-CU-18-11-03 APPLICANT: SowIes Properties L.P. HEARING DATE: December 18, 2003 PROPERTY OWNER: Same APPLICATION DATE: Nov. 19, 2003 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 3045 Highway 13 COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, equipment, materials, and current/late model cars; and a 30 foot Variance to the front yard setback, associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. /a~ Planning Report - Sowles CUP December 18, 2003 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 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. Aa Planning Report - Sowles CUP December 18, 2003 Page 3 CODE REQUIREMENTS The City Code requires a conditional use permit for outdoor storage. In the I-1, Limited Industrial zoning district structures are limited to 40 feet in height. BACKGROUND/HISTORY The subject site has been known as the Lull Industries property, which is now owned by Sowles Properties Limited Partnership. In 1994, a Conditional Use Permit was issued for Lull Industries for outdoor storage of parts and equipment based on the a site plan submitted at that time. All of the outdoor storage with this CUP was related to Lull's fork truck manufactoring operations. The main building was completed in 1957. It appears outdoor storage has been part of operations at this location since the site was developed; however, a CUP for this storage was not obtained until 1994. In 2001 Sowles requested a CUP to allow a 100 foot tall crane on a site, also adjacent to Highway 13, just south of the subject property. The CUP was denied for the following reasons: A tower crane three times the height of permitted building height is not harmonious in appearance with the character of the general vicinity and the natural features of the Minnesota River Valley. Due to size and profile the tower crane cannot be screened. EXISTING CONDITIONS The site is largely encompassed with outdoor storage of miscellaneous items. The items range from trucks, trailers, cranes to current/late model cars. The existing buildings are surrounded with some type of outdoor storage. Tennant parking is located in front of the main building along Highway 13. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Park P, Park P, Park and Recreation open sace South Various industrial I-1, Limited Industrial 1ND, Industrial uses East Hwy 13, Single family R-1, Residential LD, Low Density residences Single residential West Single family home I-1, Limited Industrial 1ND, Industrial and Park uses P, Park P, Park and Recreation open sace /3e Planning Report - Sowles CUP December 18, 2003 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding Area - The site has had miscellaneous items stored outdoors for many years. The present request is for similar types of items as approved previously for Lull Industries, but also for items not related to Sowles operations. The permanent crane is 113 feet tall and may cause the same concerns as the previously proposed crane. The land use is compatible with the surrounding area, the compatibility of the proposed outdoor storage uses and crane is a policy matter for City Officials to determine. Site Plan - The applicant proposes outdoor storage in various locations throughout the site. No new landscaping is proposed. Trash areas are not shown; trash receptacles should be kept inside a building or within an enclosure constructed according to City Code standards. The submitted site plan breaks the property u into four areas each area has certain items associated with it. Area Items 1 Short Term - trucks, trailers, cranes, materials and equipment 2 Crane components, weldments, steel, materials and equipment 3 Short Term - Crane componets, weldments, materials and equipment. Parking for future tenants 4 Trucks, trailers, current/later model cars, materials and equipment Some of these items are related directly to Sowles business and other tenants in the building, the car storage is not directly related to this site. The following is a breakdown of tenants at this site: Current Tenants Leasing Space Sowles Co./Northwest 7,800 SF Office+42,000 SF shop+ 90,000 SF yard Tower Cranes Valle Building Products 2,400 SF office E-con Placer 8,000 SF shop Airline Transportation 16,400 SF warehouse + 12 trailers in yard Specialists St. Paul Tire 1,200 SF warehouse Industrial Restoration, Inc 1,200 SF warehouse Wilson McShane Co 9,300 SF warehouse Southview Chevrolet 106,000 SF YARD space, u to 700 cars 525 currently) Marc Construction Four trailers in YARD After all these tenants occupy their space, there is still 4,000 square feet of office space, 18,600 square feet of warehouse and 20,000 square feet of yard space available. The request is also for the installation of a 113 foot tower crane (figure 1) at the north end of the property to assist with loading and unloading of crane components and other equipment onto trucks. According to the applicant, this type of crane is essential to the site because mobile cranes lack the required radius coverage, require set up and dismantle time and are usually at I Planning Report - Sowles CUP December 18, 2003 Page 5 another job site. The crane would be painted a similar color as the mono towers in the area. The base of the crane would be secured to prevent unauthorized access. ~ t W{ .Y~ a y J 7 .1 (Figure 1) There appear to be no specific provisions in the City Code that apply to the proposed crane. It is similar in height to a telecommunications tower, but the City's tower ordinance does not apply. Therefore, the proposed crane is addressed in the report as one element of the outside storage, and is subject to the following City Code standards for outdoor storage. In addition, the APC and City Council may attach other reasonable conditions deemed necessary to mitigate adverse impacts, protect the value of other properties in the district, and achieve the goals and polices of the Comprehensive Guide Plan. Airport Considerations - The airspace obstruction zone section of the Minneapolis St. Paul International Airport Zoning Ordinance defines protected airspace areas. The subject site does not fall within a Land Use Safety Zone according to Minneapolis St. Paul (MSP) Zoning Map, Safety Zones Plate SZ-29. Section IV. The airspace obstruction zone is considered an imaginary conical surface extending upward and outward from the surface level of the airport at a slope of 20 to one for a distance of 4,000 feet measured radially outward from the periphery of the airport. The airspace obstruction zone that applies to the subject site prohibits structures higher than 1010-1020 feet above sea level. The surface elevation at which the crane will be located is approximately 750 feet above sea level and the crane is 113 feet tall, which is an approximate height of 863 feet above sea level. As such, it does not fall into the airspace zone and does not require additional restrictions. The subject site is within Noise Zone 4. As an industrial land use, the proposed activity is permitted within this zone. Planning Report - Sowles CUP December 18, 2003 Page 6 Engineering Comments - The applicant is proposing to maintain the storage areas labeled as Area 2 with conventional gravel aggregate surfacing. The applicant is not proposing to construct the perimeter of the outdoor stage areas with concrete curb and gutter. City code requires that all off- street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most- widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled asphalt aggregate surfacing for outside storage areas under conditional use permits. Those permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate or the conventional gravel aggregate is continued to be used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. Outdoor Storage - In addition to the requirements for a conditional use permit listed previously, City Code Section 11.70, Subdivision 20, C, recently adopted and in effect for the November 7, 2002 City Council meeting; lists performance standards for outdoor storage as follows: a) Outdoor storage items shall be placed within an enclosure. The proposed storage is not within an enclosure. b) All such enclosures shall be attached to the principal building except in the limited industrial district. This property is zoned I-1 (limited industrial) and does not require the enclosure to be attached. c) The enclosure shall be made of material suitable to the building and the items to be stored. The proposed storage is not within an enclosure. d) The enclosure shall not encroach into any established front building setback area or other required setbacks. Proposed storage area one, two, and four encroach into the 50 foot front yard building setback from Highway 13; not in an enclosure. The proposed storage areas are located at the standard 20-foot pavement and parking setback from Highway 13 rather than the minimum 50 foot building setback. Therefore, the storage area is considered to encroach into the required front building setback area, necessitating a Variance of 30 feet. e) The enclosure shall not interfere with any pedestrian or vehicular movement. The proposed storage areas consists of parking stalls, and gravel areas. The items are stored in an orderly fashion, which should not interfere with pedestrian or vehicular movement. Pedestrian and vehicular movement is limited throughout the site. 133 Planning Report - Sowles CUP December 18, 2003 Page 7 f) The items to be stored shall not exceed the height of the enclosure. The proposed storage is not in an enclosure. The APC and City Council may wish to consider whether additional screening measures would be appropriate. Because of the topography much of the site is visible from Highway 13. g) The display area shall not utilize required parking spaces or landscaping areas. According to the use breakdown the applicant provided, there is 14,200 square feet of office space which requires 94 parking stalls, 46,700 square feet of warehouse space which requires 55 parking stalls and 50,000 square feet shop/manufacturing space requiring 10 parking stalls for a total of 159 parking stalls. The site plan indicates there are 362 paved parking stalls available. h) The display 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 surfaced with bituminous and gravel, both seem acceptable for this type of storage. i) The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principle use of the property. Based on the use of the property the availability of off street parking is met. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, miscellaneous equipment, parts, trailers, cranes and items related to the various businesses onsite. The request also includes storage of new and late modeled cars, not associated with any business on-site. The proposed storage areas are located at the standard 20 foot pavement and parking setback from Highway 13 rather than the minimum 50 foot building setback. Item D in the Outdoor Storage section of the Code prohibits an enclosure to encroach into any building setback. The storage areas encroach into this setback therefore, a Variance is necessary. The CUP request is also for a 113 foot crane to be permanently stored on-site. All storage areas are defined by a site plan and should be included with the CUP. The outdoor storage surface area is questionable; City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, some areas for the proposed storage are on a gravel aggregate surface. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of a 113 foot crane, equipment, materials, and current/late model cars, associated with a site plan on the 24 acre site, and a 30 foot Variance to the front yard setback on Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; subject to the following conditions: 13 . Planning Report - Sowles CUP December 18, 2003 Page 8 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR If any type of aggregate surfacing is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 3. All parking and storage areas shall be properly maintained to prevent deterioration. 4. The outdoor storage items shall be limited to what is provided for with the site plan. 5. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code. 6. Subject to site plan dated Revised 12-03-03. 13 FINANCIAL OBLIGATION-09-CU-18-11-03,10-00900-010-26,3045 Hwy 13 SOWLES PROPERTIES, L.P. There are pay-off balances of special assessments totaling $64,291 on the parcel proposed for the conditional use. At this time, there are no pending assessments on the property for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection. IIVIPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk C/I $.13875/Sq Ft 1,034,550 Sq. Ft $143,544 Total $143,544 2003 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. It is recommended that this financial obligation be satisfied when a new connection is made to the City's utility system. The obligation will be computed at the rates in effect at the time of new connection. 1,36 i i Eagan Boundary Partial Ana I Location Map , 'Sta""ma Building Footprint i i mrzmma F. 9 o B O . ~ ~ a Jl r8 dP r ~ ~ ma s Sub ect Site 4 T a , a0 i '-k m e ~ ~ E ! s v A•e "l, r e a ®F S ~MM93 ~ o. j, am a 03 I Ic -M m... . low D low 20M Feet w Development/Developer. Sowies Properties, L.P. \ t2 Application: Conditional Use Permit / Case No.: 09-CU-18-11-03 ap Prepared using ERSI ArcVaw 3.1. parcel base map data provided N by Dakota County OMia of GIS and is current as of June 2003. ' TNIS MAP IS INTENDED FOR REFERENCE USE ONLY W E City OF en~drt ...v&y of Eagan and Dakota County do not guarantor the accuracy of this Information and are S T44 ~ s O a N 6.+~7 'DEC. 3.2003 5:22PM VALLEY BUILDING 651-267-9765 NO. 144 P. 3/3 T.z_ /7, I wM CPC Y 9I "OINK NwC Or wwl/a of RMI/a •2 8. 1. 271 s.Sl a Gs• 'wMl43 _ 89'40'12' E 1197.00--- 206.28 1 .81 a• - M 8"-'12' E 741.04 + n II7 ! ~ w~~ ~ Y ~ / TIC, 16 W r•J ' O 4114.. 14 -cc -C O 6 I~e ~ ~ r 1• % ~ ~ ,`rte ' 1.) Short Term P24:ing. T=ks, t 2ge s, mobile craacs and =mructlon Used by 09Vlesa4 t! G O of =xdons. 2.) Excess Inve=ry Arens. Crane eamponeats, wcld-=ts.:aw stccl, stcc! L componem pans, materials, equipment, surfaced with existing crushed rock. . Used by SowleslNWTC for their o am open d=s• 3.) Excess lavtexy Area Shat tarn storage of crane components, weldmen* ---S 89'5559' w Sb7.2 PaRT p materials sad equipment. Possible puking for future btuldiag tw=u. PavN MW uwt OF we/a w wvnn xa s. 1, r. L= with ==S eoaereto. Used by Sowles✓ W TClValley for tiscir own operations. A A n ! IN 1 r N I I ^ L> I n ! A E) r. ' 4.) Main Outdoor Storage Area. Trunks, tmilars (301 oonslzuction equipment. ~7 / 1 v _ ; ~i I i v V u 1 1 1 n n i materials, for blinding occupasus. Cttr =Vlato model cars (up to 700 Pave; with =isriag bituminous. Sowles Properties Limited Partnership OUTSME STORAGE 3045 Highway 13 Eagan, Minnesota 55121 VfTJ 1Z~ ~~o /39 t SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 EAGAN, MINNESOTA 55121-1602 November 17, 2003 Re: Conditional Use Permit Application Legal Description Part of Government Lot 2, Section 9, Township 27, Range 23. P.I.D. #10-00900-10-26 located 3045 Highway 13. Background/History Sowles Properties L.P. purchased 3045 Highway 13 in December of 2002. The facility was larger than our needs required and the previous owner (Lull Industries) was not willing to subdivide. We went ahead with the purchase with plans to take on tenants to help cover operating expenses. Our affiliated companies Sowles Company (steel erector), Northwest Tower Cranes (crane rental and service) and Valley Building Products Co. (material supplier), moved office, shop and yard operations to this location May 2003. The main Lull Industries building was constructed in 1957; outdoor storage has been part of fork truck manufacturing operations at this location since the site was developed. In 1994 Lull industries was granted the current CUP to allow outdoor storage of equipment and materials. At that time the site was improved with, water main system with hydrants, bituminous paving on the south portion of the site for dust control, concrete curbs, gutters and catch basins for erosion control, free standing lighting and building mounted lights for safety and security. Lull Industries, Inc. employed up to 250 people on site and at peak production had 2 and sometimes 3 shifts. We currently have approximately 30 employees and approximately 10 tenant employees that work on site. Our work hours are 6 AM to 5 PM and there are minimal after hours/weekend traffic coming and going from our site. Sowles Properties L.P. is requesting a Conditional Use Permit to allow; A.) Outdoor storage of construction equipment, materials, trailers and vehicles. B.) Installation of a yard tower crane. A.) Four proposed Outdoor Storage area types see attached site plan. 1.) Short Term Parking. Trucks, trailers, mobile cranes and construction equipment, paved with existing bituminous. 2.) Excess Inventory Areas. Crane components, weldments, raw steel, steel component parts, materials, equipment, surfaced with existing crushed rock. 3.) excess Inventory Area. Short term storage of crane components, weldments, materials and equipment. Possible parking for future building tenants. Paved with existing concrete. 4.) Main Outdoor Storage Area. Trucks, trailers, current/late model cars, construction equipment, materials, Paved with existing bituminous. Page Two Conditonal Use Permit Application November 18, 2003 B.) We propose installation of a 113' tower crane at the north end of the site to assist with loading and unloading of crane components and other equipment onto trucks. A yard tower crane is essential to our operation because it is the most efficient type of crane for this use. Mobile cranes lack the required radius coverage, require set-up and dismantle time and are usually away from our yard working at construction job sites. The crane would be painted a similar color as the mono towers in the area. The base of the crane would be secured to prevent unauthorized access. See attached site plan and site sections describing our proposed tower crane installation. Reference item A.4. above. On the south portion of our property is approximately 4 acres of paved parking lot, our building tenants use only a portion of this area. We have been approached by other contractors, freight companies and car dealerships to store cars, trucks and trailers on our site. This provides an opportunity for us to help cover operating expenses. Southview Chevrolet is currently storing current/late model cars on the southern portion of our property. They choose our location because it is in close proximity to their dealership at 494/110 & South Robert. Southview buys large lots of fleet cars and holds them in storage until sold through dealerships. The cars are moved to and from our location either by semi truck transport or driven individually. This activity varies day to day, some days nothing*moves and other days up to (4) transports may arrive. The cars are parked in neat rows. Southview's space requirements may change; we would like the option to store freight trailers for off site companies. The trailers would be in good condition and also parked in neat rows. Zoning Classification Currently zoned industrial 1 (1-1), we are not requesting re-zoning. Existing Land Uses The 24 acre site contains several wooded areas and a grade drop of approximately 50' from southeast to northwest. The site has one main off celwarehouse building, several accessory buildings, employee parking and outside storage areas. Surrounding Land Uses North - Zoned Industrial, undeveloped. South - Zoned Industrial, Eagan Transport and Water Heater Innovations East - Highway 13/ McCarthy Ridge Subdivision, Residential West - Zoned Industrial, SF home, gravel/dirt storage. I 6512679785 DEC. 3.2003 5:21PM VRLLEY BUILDING 651-297-9785 N0.144 P.1i3 SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 FAGAN, MINNESOTA 55121-1602 FAX TRANSMITTAL December 3, 2003 To: Mike Ridley. Sheila Cartney City of Eagaa From: Jack Romsaas, 651.287.9786 Re: Conditional Use Permit Application Additional Information In reference to our application dated November 17, 2003 and to follow up our November 26° meeting, I am providing additional information and clarifications per your request. Sowles Properties and Valley Building Products jointly own the property located at 3045 Highway 13. Sowles Co. (steel erector subcontractor). Northwest Tower Cranes (crane rental & sales) and Valley Building Products (material suppliertsubcontractor) lease office, shop and yard space. As previously stated we need to lease space to help cover operating expenses. Besides our affiliated companies we are leasing space to unrelated tenants, as follows: Current Tenants Sowles CoJ Northwest Tower Cranes 7,800 SF Office + 42,000 SF Shop + 90,000 SF Yard. Valley Building Products 2,400 SF Office E-con Placer 8,000 SF Slop Airline Transportation Specialists 16,400 SF Warehouse + (12) trailers in Yard. St. Paul Tire 1,200 SF Warehouse Industrial Restoration, Inc. 1,200 SF Wambouse Wilson McShane Corporation 9,300 SF Warehouse *Southview Chevrolet 106,000 SF Yard, up to 700 cars, currently approx. 525. *Marcy Construction (4) trailer in Yard *Two tenants currently renting yard space only. Available Space Office Approximately 4,000 SF Warehouse Approximately 18,600 SF Yard Approximately 20,000 SF VLU .1. CfMb t> d6-" vRLLEY BUILDING 651-267-9785 N0. 144 P. 2i3 SOWLES PROPERTIES LIMITED PARTNERSHIP Page Two December 3, 2403 Regarding the four Outdoor Storage areas listed in our November 171 application, please replace paragraph A.) on the first page with the following. A,) Four proposed Outdoor Storage area types see attached site plan. 1.) Short Term Parldng. Trucks, trailers, mobile cranes and construction equipment, paved with existing bituminous. Used by SowlesfSWTC for their own operations. 2.) Excess Inventory Areas. Crane components, weldments, raw steel, steel component parts, materials, equipment, surfaced with existing crushed rock. . Used by Sowles/NIWTC for their own operations. 3.) Excess Inventory Area. Short term storage of crane components, weldments, materials and equipment. Possible parking for future building tenants. Paved with existing concrete. Used by Sowles/NWTC/Valley for their own operations. 4.) Main Outdoor Storage Area. Trucks, trailers (30), constriction equipment, materials, for building occupants. Current/late model can (up to 704). Paved with existing bituminous. Mike and Sheila, I hope this provides the information you need for your report to the Planning Commission, if not feel free to call should there be any questions. Thank you for your assistance. 1 SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 EAGAN, MINNESOTA 55121-1602 J A January 27, 2004 Mr. Mike Ridley CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Conditional Use Permit Application Additional Information Four proposed Outdoor Storage area types see attached site plan. 1.) SHORT TERM PARKING - used by Sowles/NWTC for their own operations, vehicles are coming and going on a daily/weekly basis. (1) Boom Truck, (3) Semi Tractors, (6) Flatbed Trailers, (3) Semi Trailers/Job Site Office, (2) Truck Cranes, (2) Rough Terrain Cranes, (2) Rough Terrain Fork trucks, (8) Pick-ups and Service Truck. 2A.) RENTAL EQUIPMENT - Used by Sowles/NWTC for their own operations. Tower Crane Components; (10) Cabs, (100) Tower Sections, (60) Jib Sections, (10) Machinery Decks. 2B.) RENTAL AND CONTRACTING EQUIPMENT - Used by Sowles for their own operations. (2) Stiff Leg Derricks, (2) Trailers, (120) Tower Sections. 2C.) RENTAL AND CONTRACTING EQUIPMENT - Used by Sowles/NWTC for their own operations. (4) Shipping Containers, (3) Electrical Cages, (6) Bolt Boxes, (15) Crane Mats, (5) Man Baskets, Tower Crane Components; (1) Cab, (10) Tower Sections, (8) Jib Sections, (3) Machinery Decks 3.) SHORT TERM RENTAL AND CONTRACTING EQUIPMENT Used by Sowles/NWTC for their own operations Short term storage of Cranes, Crane Components, and Construction Equipment as described above. Possible parking for future building tenants. 4.) MAIN OUTDOOR STORAGE AREA - Presently occupied with up to (700) Current/Late Model Cars and (15) Semi Trailers. This storage area potentially could be used for Sowles/NWTC own operations, such as Trucks, Trailers, Mobile Cranes and Tower Crane components as listed above. The above quantities are based on current conditions; equipment comes and goes as needed at the construction job sites we are working at. Feel free to call should there be any questions. Sincerely, Jack Romsaas ~(-n T-7 L). q 1 NW COR.OF NWI/f OF NWI/4 NORTH UNE OF NWI/4 OF NWI/4 SEC. 1. T. 27. R.23. OF SEC.9, T.27, a.z3 - - N 89'46'12 E 1197.00 - - - v.O.C - 06.28 - 128.81 - - - N 89'46'12" E 741.04 o' j9 +1`" v 1•` ~ (D ..vr CNC uN. n eel pier QO Qyf AN. ,A!S 2 -C I I u7 I cac3' y~r~, . . L'4 q Y ''02 ; 51 ©r~`p# a a caAS \ Ac. 42 .e AY 30 c, ;w cc % C 20 f9 4. i OF 2 ~ I b GR~VFI 23 4• r ~ 1 i ^ MEADOW )n RECEIVED JAN ~ 8 2034 S 89'55'59 : W 587.2 - PART OF K. LO 1 SOUTH UNE OF NWt14 OF NM/4 SEC. 9, T. 27, R.23. q~I•F C &P ky / &Q S A f\ 1 In InI !^TL)I A I A L)r`' _/1\7~1 V- I~; II VV I.J .i I I \InL. ~ n1 \r ~ Sowles Properties Limited Partnership OUTSIDE STORAGE 3045 Highway 13 Eagan, Minnesota 55121 S i Agenda Information Memo February 3, 2004, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - SIGNS UNLIMITED ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Planned Development Amendment to allow building design, color and signage changes, on property located at 1570 Thomas Center Drive, Lot 6, Block 1, Thomas Lake Center Addition; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The Advisory Planning Commission held a public hearing on January 27, 2004, and is recommending approval subject to the conditions in the APC minutes. • Signs Unlimited is requesting building design and sign changes to accommodate the acquisition of Texaco by Shell Oil Products US. • The request is to remove red and black design elements associated with Texaco, restore brick on the building fagade, add a "Shell yellow" fascia sign band area, and change all signage to read "Shell Rapid Lube" in colors of yellow, red and white. 60 DAY AGENCY ACTION DEADLINE • February 16, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes pa e(s) Planning Staff Report pages SthroughL57. B. PLANNED DEVELOPMENT AMENDMENT - SIGNS UNLIMITED A Planned Development Amendment to change the fascia color requirement on Lot 6, Block 1, Thomas Lake Center, located at 1570 Thomas Center Drive in the SW % of Section 28. City Planner Ridley introduced this item and highlighted the information presented in the City Staff repor dated January 13, 2004. He noted the background and history. Lee Writer displayed the Shell Rapid Lube color scheme and signage proposal. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back tc the Commission. Member Hansen stated the proposed would brighten up the neighborhood and he is in favor. Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Planner Development Amendment to change the fascia color requirement on Lot 6, Block 1, Thomas Lake Center located at 1570 Thomas Center Drive in the SW %4 of Section 28 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. Recording of the Agreement must be completed prior to issuance of any sign permits. 2. Sign permits must be obtained prior to replacement of the monument face or replacement of the building signage. 3. Temporary signage in excess of that allowed by City Code must be removed prior to issuance of sigr permits. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 13, 2004 CASE: 28-PA-14-12-03 APPLICANT: Signs Unlimited HEARING DATE: January 27, 2004 PROPERTY OWNER: Truck Lubes of America APPLICATION DATE: Dec. 18, 2003 REQUEST: Planned Development Amendment PREPARED BY: Mary Granley LOCATION: 1570 Thomas Center Drive COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Lindsay Barrett, Signs Unlimited, is requesting approval of a Planned Development Amendment to remove the existing black building fascia and replace it with yellow building fascia, remove the red front and back door bands on the building fagade and restore the fagade with brick matching the existing brick on the building, and change the signage from the Texaco Xpress Lube to Shell Rapid Lube on property located at 1570 Thomas Center Drive, legally described as Lot 1, Block 2, Olson Burger Addition, in the NW 1/4 of Section 15. AUTHORITY FOR REVIEW Chapter 11.50, Subd. 5 states, in part 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote 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 A Final Planned Development was approved for the subject site in November 1995 allowing a 3- bay, 2,100 s.f quick oil change facility, with 14 parking spaces, landscaping, signage, lighting and building materials as shown on the submitted plans. The building was constructed to match the Ile Planning Report - Signs Unlimited January 14, 2004 Page 2 plans, with prefinished black aluminum fascia panels, and prefinished red aluminum building panels around the entrance/exit doors from grade to the top of the roof line. Signage was added to the site according to the plans, with black, red, gold and white signage with the Texaco Xpress Lube name and logo. EXISTING CONDITIONS The subject site, located within the Thomas Lake Center, is on the south side of Thomas Center Drive at the northwest comer the shopping center, which is located at the northwest corner of Cliff Road and Thomas Lake Road. A Texaco Xpress Lube is currently at the site. The north and west sides of the building are visible from Thomas Center Drive, and the south side of the building is visible from the shopping center entrance drive located between the Texaco Xpress Lube and Holiday Station. The brown brick building has entrance/exit service doors and bay doors located on the south and north sides of the building. Screened mechanicals are located on the west side of the building facing Thomas Center Drive, and a landscaped area is located on the east side of the building. - Prefnished black aluminum fascia panels serve as a sign band area. Prefnished red aluminum building panels are attached to the building adjacent to the entrance/exit doors, and set apart the building office area from the service bay area. The red panels extend from grade to the top of the roof line. Texaco Xpress Lube signage exists on the south, north, and west sides of the building. A freestanding Texaco j ` Xpress Lube monument sign and freestanding directional sign are located on the south side of the building at the entrance drive. Five panels of temporary signage are currently placed at the front and rear of the building, in excess of the 3 temporary signs of an area no greater than 25 s. f. allowed for 10 days out of the calendar month. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Lifetime Fitness, zoned PD, Planned Development, designated RC, Retail Commercial, under the comprehensive guide plan. South - Holiday Station Store, zoned PD, Planned Development, designated RC, Retail Commercial, under the comprehensive guide plan. East - Thomas Lake Center, zoned PD, Planned Development, designated RC, Retail Commercial, under the comprehensive guide plan. West - A vacant parcel, zoned PD, Planned Development, designated RC, Retail Commercial, under the comprehensive guide plan. l~ Planning Report - Signs Unlimited January 14, 2004 Page 3 EVALUATION OF REOUEST Signs Unlimited, representing the owner, is requesting building design and sign changes to accommodate the acquisition of Texaco by Shell Oil Products US. Signs Unlimited is requesting approval to change the color of the 3' 6" building fascia, which serves as a sign band area, from prefinished black aluminum fascia panels to prefinished "Shell yellow" with red stripe fascia panels. No other changes to the building fascia are requested. Signs Unlimited is requesting approval to change the building fagade by removing the prefinished red aluminum fagade panels and restoring the area to match the brick currently on the building. No other changes to the building fagade are requested. Signs Unlimited is requesting approval to change the face on the freestanding monument sign from Texaco Xpress Lube to Shell Rapid Lube. The replacement face would be the same size as the existing monument sign, which is 10' wide x 4' 3/4" high. No other changes to the monument sign are requested. Signs Unlimited is requesting approval to change the existing building signage on the north, south and west elevations from Texaco Xpress Lube and Havoline to Shell Rapid Lube. The Texaco Xpress Lube building signage is channel lit letters on all 3 sides of the building. The proposal is to replace the existing signage with channel lit letters mounted on a raceway on the north and south elevations, and replace the west elevation with a non-illuminated vinyl letterset. The existing Texaco Xpress Lube and Havoline signage occupies 130 s.f. of area. The Shell replacement signage will be considerably less in area, occupying 21.44 s.f per side, for a total of 64.32 s.f. SUMMARY/CONCLUSION Lindsay Barrett, Signs Unlimited, is requesting approval of a Planned Development Amendment to allow building design, color and signage changes on property located at 1570 Thomas Center Drive. The proposed signage is less in square footage than what currently exists on the building, and will be presented in a red and yellow color scheme. Staff recommends a condition of approval to remove temporary signage in excess of that allowed by City Code. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow building design, color and signage changes on property located at 1570 Thomas Center Drive, legally described as Lot 6, Block 1, Thomas Lake Center, in the SW '/4 of Section 28. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement 0-01 Planning Report - Signs Unlimited January 14, 2004 Page 4 must be completed prior to issuance of any sign permits. 2. Sign permits must be obtained prior to replacement of the monument face or replacement of the building signage. 3. Temporary signage in excess of that allowed by City Code must be removed prior to issuance of sign permits. i Description of Proposal 1570 Thomas Center Drive Eagan, MN The business located at 1570 Thomas Center Drive in Eagan is presently operating as a Texaco Xpress Lube, the owner of the business, Mr. Steve Klingman has signed a contract to sell Shell oil products through Shell Oil Products US. As a result, we are requesting that a planned development amendment be made in order change the color of the building fascia from black to Shell yellow. Additionally new, conforming signage will be installed and the red band by the front and back doors will be removed and the existing brick restored. Land use on the present location is automotive maintenance and will not change. The existing black fascia was an integral part of the Texaco Xpress Lube brand. As a result of the acquisition of Texaco by Shell, Texaco locations are in the process of being de-branded. This will require the removal of the black fascia. Shell considers the yellow fascia band to be a part of its branding, the addition of the yellow fascia is part of the contract that is signed between owner/operators of Shell Rapid Lubes and is considered to be one of the primary elements in the Shell branding program. We are proposing that the existing 3'6" black fascia be removed from its framing and the new yellow fascia be hung in its place. There are no structural changes involved to the building. The existing fascia is mounted on angle iron and new sheets of 3'6" fascia material, (aluminum composite material or, ACM), in Shell yellow will be mounted to the existing framing. The new fascia will be almost identical to the existing black fascia, but will be yellow in color, there will be no alteration to the size of the fascia. Should the planned development amendment be passed, we anticipate the start of construction on the property within seventy-five days or less. Typically, the installation of the fascia system takes one to two days assuming the weather permits. The business will not be closed during this time and the equipment used will not block any public roadways or the entrances to any surrounding property. Since the installation is made with an electric drill, it is not a noisy application and should not interfere with surrounding businesses. IS~- I - A QQ ATI\ Impact Statement We anticipate that the yellow fascia will draw positive attention to the surrounding properties without being an "eyesore" or looking out of place. We expect the same impact on the property in question. We are requesting the yellow fascia to allow Mr. Klingman to comply with the terms of his contract with Shell and the sale of their products. The proposed amendment will have no effect on the use of city services, storm water run- off or roadways as it is primarily an aesthetic change and will not effect the building footprint or the land use in any way. I S~ KF ^^wTi /r Eagan Boundary Location Map Street Centerline Q Parcel Area i Building Footprint 1 lP ~ ~ m ®a s P m ~ ~ mmmm ~ ~ ~ t t~ ~ m JP ® m cif 0 0. mmm❑ 49, tp lam] 8 ~ro ~ ~ h d g m ~ ~ i[ fa ~ ~ a 8 - e~ a9 d$ fd - w _ ~a dtd3 Sub ect Slte 9p . 6 c W af 41, m ~ e S a lps a, Qm 10 GO 0 ~~6' ® ~rre ® caaeg ® ® p MMMM 4 • m ~ ~ w ' 9 d 0 I 1P Pi. ® 8s r® ® _ C~ ® P ~ 44.:4 r9 19 _ fl to ~~da -gam 6~~p ~ 49 gym. a ~ ®a~ o°'J~d~4` S9 ~ w 1000 0 1000 2000 Feet Development/Developer: Texaco Xpress Lube Application: Planned Development Ame Case No.: Case No. 28-PA-14-12-03 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of June 2003. T'citV of en nrt THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Texaco Xpress Lube Land Use Map Case No. 28-PA-14-12-03 Zoning Map P P PD P Current Zoning: PD PD Planned Development Location R-1 PD tPDPF 3 4 Soo o eDO txoe F..t Comprehensive Guide Plan Land Use Map P D HD I Current Land Use Designation: MD RC MD Location LD Retail Commercial RC LD LD RC OF, 3 fee a Soo 1200 F..t ~ C I 7~ P PS Parcel baae map information p y .kota County Land Sway Departm.it June 2003. N Zoning information maintained byrity MOIL City of Eagan Z W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S I m Q z 4 a M 0 S. s~ J ~ d Lt,J € W o 0 ~ x v k LU N - - E w„ ~ 10 co to L2-i ;I o~ z C i a~N (7 0 O N M ti ~LLp6 F- co LL Cl CP ca M OD (a cn CD "t 0 CO W U-) _d - t= s JOS ice-. 0 0 Ih , I A Z o z o m ° ~ Q a w o 9 CC 6 e~ - 2 x 2 ~ v fu E Z co R v W Gw y r a S aW<rUW ~Z _o - Z CD rn O L- t+l J~~ N c N <m N ° O N II N CD 0 (D ED Q Q c o n v) m05 UE N M Cf) IN V-- C; ® LY ui I(D LL 0 co CD m co c6 ao _v~)ch Nom 40 ~ CD 00 0) m NINE MINE 00 all If,a■ .a Ili 514". i ' " cr) O o z r ~ o Uf O ~I r m ; F- O ys$ Q ~m > Sel- LL1 =m Q ® W -r CO $e W (O(~, C9 f~ O T ~~yy a L5 ~ °e a , ~ Ne d v Wo (A ~o a F-NLQ v ~RR'ON R~m r 9 CL <r N - UaW~r md. 6 °u,rzt ~ N O 1.," J mT N F- -CC p ~m m3 Q oT NT J 9^ _N N C ~<C') w ® O 0til.C)r ® ~ ~C - Co LLB oc~ccoo c6 c6 ch C6 cn m,^ v T V! S rr~nn ' ~I _ lJl/ r- teC :J lS _k C ~ O Lij 1~J ; Q z ~ o gal: rs t p o o W 4 ~ €d .c ~ wr a. ~`o O J a o 33Z 3 ~ m d r WO in { ¢K E z S. Z d O W v~ rv__ 'Y dW ~U m m 6 e~ 6 6~~e' 10 ~~S N N o LLJ~ n m ~a C> X> P N o ~TN~ N it It ~I r N N Q C N ~?Qcv) Nce) _ ® Co r N cc+) 75 ~ 1`` 6 ui - Y o ui ® a) U- C) I,- co li M co C6 Ci m co N m N ~ U') W CD 9~n 'P l17 r~ ' all ~ lS~ Agenda Information Memo February 3, 2004, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) - RAY MILLER ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Rezoning of 6.9 acres located at 4225 Lexington Way from R-1, Single family residential to PD, Planned Development. To approve (OR direct findings for denial) a Preliminary Subdivision (Lexington Ridge) to create 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the 1/4 of Section 27; subject to the conditions listed in the Advisory Planning Commission minutes. To approve (OR direct findings for denial) a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the northeast '/4 of Section 27; subject to the conditions listed in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The subject site contains an existing single family home and several out buildings. The single family home has access through the Lexington/Diffley Park by easement. • The site is zoned R-I single family residential and Guided Low Density Residential (0-4 units/acre). • The proposed density is 2.7 units/acre, which is consistent with the Comprehensive Land Use Plan. Due to the topography, vegetation, and costs associated to upgrading Diffley Road, the applicant is proposing cluster townhomes on part of the site through a Planned Development zoning. • Access is proposed via Diffley Road. • In 2003, the City received two applications for R-1, single family development of this property, the first application was directed for findings of denial (but withdrawn) based on access through the park, and the second application was withdrawn by the applicant due to costs associated to improvements to Diffley Road. • The Advisory Park and Recreation Commission reviewed the current application on January 15, 2004 and recommended approval. • The Advisory Planning Commission held a public hearing on January 27, 2004 and recommended approval. ISSUES: • Tony Caponi and several Friends of Eagan Core Greenway group stated they are not in favor of this development and would like to see it become park property. 160 • The Advisory Planning Commission requested that information be provided to the City Council regarding fire emergency vehicle response time (a memo regarding fire response time and issues is attached) • The Advisory Planning Commission requested examples of properties within Eagan that have similar slopes to this proposal. Nicols Pointe and Rocky Lane are examples of private streets that have similar slopes to this proposal. Murphy Parkway is a public road that has an even greater slope than Lexington Ridge, but Murphy Parkway is publicly maintained. • Eagan Fire and Police would prefer access to this site through the Lexington/Diffley Park site. There is a concern with the access onto Diffley as proposed. Police has concerns with u-turns and other illegal traffic movements with the right in-right out access. A memo from Community Development Director Hohenstein summarizing the history of the access issue and concerns is attached. 120 Day Agency Action Deadline: • April 15, 2004 • A waiver has been signed for the Preliminary Planned Development and the Rezoning. ATTACHMENTS (4): -x,65 Advisory Planning Commission Minutes page s) 166 Planning Staff Report pages&through~? Memo from Community Development Director Hohenstein page %through/100 Letter from Tony Caponi page j%?hrougl Memo from the Fire Marshal on page, /6 / C. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - MILLERVILLE, INC. A Rezoning from R-1, Single Family Residential to PD, Planned Development, a Preliminary Subdivision (Lexington Ridge) to create 17 lots and a Preliminary Planned Development to allow 16 townhomes on property located at 4225 Lexington Way South in the NE % of Section 27. Planner Cartney introduced this item and highlighted the information presented in the City Staff repor dated January 20, 2004. She noted the background and history. Ray Miller explained that at the APrC meeting there was discussion with concerns about the vicinity of thi, property in conjunction with the surrounding park properties. He stated-boncern of noise and visibility o the park from the townhome development. He stated the townh'ome development was moved to th( furthest corner of the site to separate the park and the townhome development. Chair Heyl opened the public hearing. Jack Conrad, 782 Sunset Drive stated concern with the loss of green space. He is part of the The Friend; of Eagan Core Greenway. John Word, 1634 Murphy Parkway displayed and discussed a map of the related parks. Mr. and Mrs. Tony Caponi, 1215 Diffley Road, presented a letter dated January 27, 2004 regarding Reasons to deny the Lexington Ridge multi-family development application submitted by Millerville, Inc They displayed a map of the area and discussed the areas highlighted in the letter. They are opposed t( the subject site developing. Laura Hegland, Wilderness Run Road stated the land is one of the most beautiful areas because of wha Mr. Caponi has done. Mr. Conrad discussed funding that was raised` for another local park and stated the same could be don( for this park. Member Steininger questioned whether or not there was funding available right now to purchase the subject property. Mr. Conrad stated there aren't funds readily available, but we are working on it. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Advisory Planning Commission. Assistant City Engineer John Gorder addressed the site drainage and ponding on the property. He also discussed roadway safety and police department concerns. He discussed the medians and safety concerns in regards to location of the median. Mr. Miller stated berming and fencing would not prevent the noise going either direction. He stated a separation barrier has been considered, along with the development being moved further to the east. He stated lighting has not been discussed, however he is open to discussing less intrusive lighting. He suggested that the fire department dispatch from another close fire station to avoid the difficult turn f6912 around. He stated he attempted to contact Mr. Caponi regarding the contract with his son. He explained that he told them that he would back away if someone wanted to purchase the property for park property. Assistant City Engineer Gorder explained that three fire stations would be called for this location, if needed. With the three stations being called, two of the three would have to make a u- turn to access the property. He stated a minute to a minute and a half would have to be added to the response time to make the u-turn. He stated the access road through the park is not plowed during the winter, so access through the park would not be an option during all four seasons at this time. Member Bendt asked if there is adequate space for a turn around within the site. Assistant City Engineer Gorder stated there is adequate room for a turn around within the site. Member Bendt inquired about the type of median that is proposed for Diffley Road. Assistant City Engineer Gorder stated the median would be six feet wide. He also explained that in order to lengthen the median, the road would have to be widened. City Planner Ridley explained that access through the park is prohibited by current City policy. He discussed turning options from west bound Diffley Road into the site. Chair Heyl stated difficulty with left hand turns on Eagan roads, without added complications. She stated the noise and light would not be coming from the townhomes as much as it would be from the park. She stated the proposal is the best thus far. If Dakota County or private citizens would like to purchase the property, the developer has said that he would back away from his plan if he were reimbursed for his costs. Member Steininger stated the residents could buy the property if they choose, but they can not expect the developer to wait forever. Member Hansen stated the points made against the proposal are valid. He stated opposition to the proposal due to unanswered questions and safety issues. Member Leeder explained that improvements had been made to the proposal; however he still has safety concerns. Member Bendt stated the proposal is good, however he would ultimately like to see the property remain green and undeveloped. Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Rezoning from R-1, Single Family Residential to PD, Planned Development for property located at 4225 Lexington Way it the northeast % of Section 27. A vote was taken. Aye: Chair Heyl, Members Hansen, Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. /63 I Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Preliminary Subdivision to create 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast % of Section 27, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Counci on February 2, 1993: Al, 131, 2, 3, 4, C1, 2, 3, D1, E1 2. The property shall be platted. 3. The Development shall be responsible for a cash park dedication. 4. The Development shall satisfy a portion of the landscape requirement by creating and/or enhancing a vegetative buffer along the east, south and west property lines. 5. The Development shall be allowed to construct a trail and, associated landscape berms, extending from the development to an existing internal park trail. The alignment, location and specifications tc be approved by the City. No trail dedication credit shall be given for said trail or landscaping. 6. The Development shall be responsible for a cash trails dedication. 7. The existing access easement through the City park shall be terminated and the gravel portion of the existing driveway access restored to a turf condition and a curb section installed by the Developer. The Developer shall execute such documents as may be required by the City Attorney to terminate the easement. 8. To ensure survival of preserved trees, #191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, anc 1009, a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 9. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees,/woodlands to be preserved on-site and off-site (i.e. park trees). 10. To require that the applicant contact the City Forestry Division and set up a preconstruction 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. 11. The commission may want to recommend or get some kind of assurance that the developer is accountable for stormwater that may not infiltrate sufficiently (now or in the future) to avoid or minimize impacts to City park trees. 12. A cash dedication in lieu of on-site water quality ponding should be required for the remaining 1.3 acres of this development. 13. The developer shall be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. 14. The developer shall be responsible for restoring the sanitary sewer and water main disturbance area within Lexington/Diffley Park to equal or better than its current condition. /6~ 15. The developer shall meet all conditions set forth by the Plat Commission regarding access to Diffley Road (Dakota County Road 30). 16. This development shall dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. 17. The developer shall be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. 18. The Developer shall be responsible for preparing a homeowners association for the development and shall also convey Lot 17 to the Association. The association and deed shall be approved by the City Attorney. Chair Heyl stated the response times would be beneficial to look at. A vote was taken. Aye: Chair Hey[, Members Hansen, Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast % of Section 27, subject to the following conditions.- 1 . The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan` • Final Landscape Plan • Final Lighting Plan • Final Signage Plan A vote was taken. Aye: Chair Heyl, Members Hansen, Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. IV. OTHER BUSINESS City Planner Ridley stated that an APC workshop will take place on Thursday February 12, 2004 unless the Commission is notified otherwise. V. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) /p PLANNING REPORT CITY OF EAGAN REPORT DATE: January 20, 2004 CASE: 27-PS-24-12-03 APPLICANT: Ray Miller HEARING DATE: January 27, 2004 PROPERTY OWNER: Remo Caponi APPLICATION DATE: December 17, 2003 REQUEST: Rezoning, Preliminary Subdivision, Preliminary Planned Development PREPARED BY: Sheila Cartney LOCATION: 4225 Lexington Way COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from R-1, single family residential to PD, Planned Development, a Preliminary Subdivision (Lexington Ridge) to create 17 lots for 16 townhome units and a Preliminary Planned Development for property located at 4225 Lexington Way in the northeast 1/4 of Section 27. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Preliminary Subdivision: /6~ Planning Report - Lexington Ridge January 27, 2004 Page 2 City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other 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 I Planning Report - Lexington Ridge January 27, 2004 Page 3 maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY In 1994, an application for rezoning this property from Agriculture to Single Family Residential and an 11 lot subdivision (Vantage Point) was proposed for this parcel. The proposal indicated access to these lots would be through Lexington/Diffley Park. The City Council denied the subdivision largely due to the proposed access through the park. The rezoning was approved from Agriculture to R-1, Single Family Residential. In July 2003, an application for an eight lot subdivision (Lexington Ridge) was proposed for this site. The proposal indicated access to these lots would be through Lexington Diffley Athletic Fields. The City Council denied the subdivision; one major contributor to the denial was the access through the park. The applicant withdrew the application prior to Findings of Fact For Denial were adopted. After withdrawing the subdivision application in July the applicant reapplied for a similar subdivision with access via Diffley Road. After Dakota County Plat Commission review and comments the applicant withdrew this application based on the expense to of county required improvements to Diffley Road, the applicant has a new proposal, with a higher density that responds the cost of upgrading Diffley Road for the new access. Planning Report - Lexington Ridge January 27, 2004 Page 4 EXISTING CONDITIONS There is an existing single family home on the subject site and several out buildings. The existing single family home has access through the Lexington/Diffley Park by easement. The subject property has frontage on Diffley Road, there are many mature trees and vegetation throughout the property, and there is significant topographic changes on the north side of the lot SURROUNDING USES The subject property is surrounded by Park land, property zoned Park and Guided for Park use. EVALUATION OF REQUEST I. Preliminary Planned Development Proposal - The applicant is proposing to subdivide the property into 17 lots, for 16 townhouse units and common area. Each unit will be individually platted and the remaining land will be managed by a self-governed association, which will oversee the maintenance of the area. The townhomes will be in a 2-plex or a 4-plex configuration. The development as proposed will be a private area with an entrance exclusive to the development. According to the applicant "the development is intended to mimic the experience you would imagine of a Boston urban street." The street will be a combination of bituminous up to the entrance into the development then cement and pavers or colored concrete will be used. Compatibility with Surrounding Area - The subject property is directly surrounded by Park property. Properties to the Northeast have residential and commercial uses. In 1994 this property was rezoned from Agriculture to Single Family residential. At that time single family residential development was deemed compatible with the surrounding area. The Comprehensive Land Use Plan designates this parcel for Low Density Residential, 0-4 units/acre; the proposed subdivision is consistent with this designation. ArchitectureBuildiri Design - The zoning ordinance does not have specific architecture requirements for residential development. However, with the request to rezone to Planned Development it is expected that the proposal provide components not noramally required of standard development proposals. The proposed residences will have similar materials but varied enough in its architecture to provide some distinction between the units. The proposed building materials will be a combination of cement fiber-board (Nardi-Plank), stone or stucco, and cedar shingles. The only aluminum or vinyl materials will be used for the windows. The garage doors and entry doors will be custom designed for each unit. The color renderings offer great detail. Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher Planning Report - Lexington Ridge January 27, 2004 Page 5 standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not apply. However, the R-3 (Residential townhouse) zoning district standards are used as a basis for comparison with this proposal. Bulk Standards - This proposal is reviewed under the R-3 zoning district minimum and maximum standards. Setbacks - As the table below indicates the proposal meets all of the standard setback requirements except for the 20 foot building setback from a private road, the building setback from the rear property line and the, side setback for parking. Setback requirements are not established in a Planned Development zoning. Setback Buildin Parkin Ordinance Proposed Ordinance Proposed Front yard: Diffley Road 50 feet 200 feet 20 feet -290 feet Front yard: Private Road 20 feet 10 feet Side yard: 30 feet 36 feet 20 feet 15 feet Rear yard: 30 feet 15 feet 20 feet -35 feet Building Coverage - A maximum of 20 percent of the lot is allowed to be covered with buildings. According to the applicant 39,332 square feet of buildings cover the site, which is about 15 percent. Building Height - Building height is limited to 35 feet in height. The applicant indicates the building height from the street to the highest peak of the roof is 30 feet. The submitted plans do not indicate building height; the applicant is required to submit such plans with final subdivision and final planned development. Landscaping - The submitted Landscape Plan lacks detail and is not acceptable. The applicant's narrative indicates there is an extensive Landscape Plan for this development. The submitted plan indicates the larger species of trees for the site, but not the decorative landscaping that would be suitable for this proposal. Staff suggests the applicant work with staff on a revised plan for Final Planned Development approval. The Landscape Plan indicates some of the existing trees and woodlands to remain, which can be used for screening purposes from Diffley Road. Parking - The zoning code requires at least one enclosed parking space per unit and at least one outdoor parking space per unit. The site plan indicates two garage stalls per unit and two parking spaces within the unit's driveway. The plan also indicates there are eight visitor parking stalls separate from the driveway parking. The proposed stalls are nine feet by 20 feet the code requires 10 feet by 19 feet. Trash Enclosure - The site plan does not indicate any exposed trash enclosures. The applicant should address this with the Final Planned Development. Typically with townhome developments the unit owners have individual trash cans that are stored inside the garage. / ~10 Planning Report - Lexington Ridge January 27, 2004 Page 6 Lighting Plan - A Lighting Plan was not submitted with this application. A detailed Lighting Plan is required with Final Subdivision and Final Planned Development application. Signage - Signage is not proposed at this time. All signage is subject to the City of Eagan Sign Ordinance. 11. Preliminary Subdivision Densi - The net site available is 5.93 acres 16 units are proposed with this development resulting in 2.7 acres units/acre. The density is consistent with the Comprehensive Land Use Plan of 0-4 units/acre. Lots - The lots range from 3,460 square feet to 193,864 square feet. Planned Development zoning does not have lot size requirements. R-3, Residential townhouse zoning requires 6,000 square feet of land per unit. Each unit is platted property, Lots 1-16 are less than 6,000 square feet in area; however, the overall site meets this requirement. Grading - The preliminary grading plan is acceptable. The site generally slopes to the northeast comer of the property near Diffley Road, with elevations ranging from 996 to 940. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the development will drain via public storm sewer to an existing low area to be utilized as a pond for storm water management in the northeast corner of the site. This area will discharge to an existing storm sewer system within Diffley Road. A portion of the proposed pond area lies within City park property and Diffley Road right-of-way. The developer should be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. Wetlands/Water Quality - This proposed 5.9-acre single-family subdivision is located in the City's J-watershed. Stormwater from 1.3 acres of the site is proposed to drain off site. Stormwater from the remaining 4.6 acres is proposed to drain to a low-lying area in the northeast corner of the parcel and then into the City's stormwater system, which eventually connects to City Pond JP-8 in Patrick Egan Park. Pond JP-8 is one of the City's Class III - Scenic Recreation waterbodies, according to the Water Quality Management Plan. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of approximately 12 percent, a minimum, wet-pond volume of. 19 acre-feet and a maximum depth of 6 feet would be needed to treat stormwater. An outlet structure acceptable to City standards would need to be installed. However, the developer is not proposing to construct the stormwater treatment pond, but to use an existing low-lying area for stormwater infiltration and temporary storage. Part of this low- / ~j i Planning Report - Lexington Ridge January 27, 2004 Page 7 lying area also is on City of Eagan park property. The developer modeled the area assuming a vertical wall at the property line to demonstrate that all ponding can be accommodated within the Lexington Ridge project, but this is not likely to occur in reality. The developer believes that constructing a basin to contain the stormwater on-site would have more impact to City park trees than allowing the stormwater to infiltrate and temporarily store in the low-lying area. The developer may need to address any questions the Commission has about the following: The real extent and duration of any temporary storage of stormwater runoff, relative to City park trees, and assurance that the infiltration capacity of the soils in this low-lying area will remain the same over time versus being diminished by gradual siltation. The APrC suggested building a policy into the homeowner's association that states the homeowners are responsible for making sure the ponding system remains operational. There are no jurisdictional wetlands associated with this site. Significantly steep slopes on this parcel raise concerns about erosion control, particularly where land is proposed to be severely disturbed to construct roads, install storm sewer lines, and establish building pads. Utilities - Water main of sufficient size and capacity is available for connection for this development within Lexington/ Diffley Park to the east. Sanitary sewer of sufficient size, depth and capacity is available for connection by this proposed development. The nearest sanitary sewer is approximately 400 feet to the southeast within Lexington/ Diffley Park. Construction of the sanitary sewer extension will require the disturbance of soccer and ball fields within the park. The developer should be responsible for restoring the sanitary sewer and water main disturbance area within the park to equal or better than its current condition. Streets/ Access/ Circulation - The Dakota County Plat Commission has indicated that street access for the development may be allowed to Diffley Road (County Road 30), if a variance to the County access spacing guidelines is requested by the City and the proposed access point onto Diffley Road accommodates right-in/ right-out traffic movements only. Access to the development is proposed via private street with access to Diffley Road in the northeast corner of the property where there is an existing median on Diffley Road that would allow right-in/ right- out traffic movements only. Dakota County will require the construction of a right-turn lane on Diffley Road. The developer should meet all conditions set forth by the Dakota County Plat Commission regarding access to Diffley Road. Previous applications for development of this property have been proposed with access through Lexington/Diffley Park. These applications have been denied based on safety, park hours, does not comply with code because there was no access to a public street, the proposed cul-de-sac was greater than 500 feet, Lexington Diffley Park is not designed to accommodate a street, the property has public street accessibility to Diffley Road, and the property continues to retain viable use as presently zoned. /70~ Planning Report - Lexington Ridge January 27, 2004 Page 8 Police Department - The police department has some concerns with the proposed entrance to the development. Comments suggest that the median be extended to prevent people from trying to make a left turn out of the site against traffic. Police is uncertain as to where the median should be extended to; reactionary time with the u-turns is very limited due to the hill on Diffley Road. Also with extending the median people will be waiting to make a u-turn which is dangerous on a 45 MPH road. Police suggest putting a left turn lane into the development from the west bound lane or not to have the entrance on Diffley at all. Fire Department - The Fire Marshal has reported that the fire department is not in support of the proposed entrance off of Diffley. This site will be serviced by Fire Station 4, located on Dodd and Diffley Road. The proposed access is not adequate because the fire trucks will not be able to make a u-turn around the median to access the site; they would have to make a u-turn down by Blueberry Lane further to the west of the site. It will be difficult for emergency vehicles to make this turn because the on-coming traffic will not see the vehicles until they are over the hill. Also response time is slowed down by the u-turn and avoiding on-coming traffic. Easements/Rights of Way/ Permits - This development should dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. The developer should be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. Tree Preservation - The tree preservation is acceptable. A tree inventory submitted with this application indicates that there are one-hundred seven (107) significant trees in the inventory. The tree inventory is comprised of large oak, pine, cedar, spruce, and birch as well as, box elder, elm, black cherry, cottonwood, hackberry, ash, and apple trees averaging 20" in diameter. The development as proposed will result in the removal of thirty-nine (40) significant trees (37.4 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. In an attempt to maximize tree preservation, the applicant intends to preserve several large trees adjacent to areas to be graded. The preliminary grading plan submitted shows proposed grade lines occurring inside the CRZ of several trees that are to be preserved on site (tree #191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009). To ensure survival of these preserved trees, staff is recommending that a long-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these trees. No encroachment is to occur inside tree protection areas. Parks and Recreation - The Development is located adjacent to Lexington-Diffley Park. A cash park dedication is suggested. ~J i Planning Report - Lexington Ridge January 27, 2004 Page 9 Given the close proximity to Lexington-Diffley Park and amenities including the skate park, as well as the Caponi Art Park to the west, it may be advantageous to recommend that a portion of the Developments landscaping requirement (there is no tree mitigation required) be utilized to enhance and/or create a vegetative buffer on the east, west and south side of the development. The current owner of the single family home on the subject parcel is allowed access through the park as the result of a long standing easement. With the advent of this Development and the resulting access directly to Diffley Road, it would be advisable to terminate the access easement and require the removal of the existing gravel driveway, installation of a curb and reestablishment of turf. The Developer has proposed to construct a bituminous trail extending from the east border of the Development to an internal park trail. Unlike a typical connector trail that passes through a development or connects one neighborhood to another, the trail would essentially dead-end at the boundary of the development and thereby have minimal benefit to park users or the public other than those living in the development. The construction of the trail, along the alignment shown, would have minimal impact on the park or its amenities. Because of the minimal public benefit, it is suggested that construction of the trail, and associated landscaping, as shown, be allowed with no credit given towards what would then be a full cash trails dedication. Advisory Parks and Recreation Commission - The Commission recommended approval of the plat, but express concern about the adjacent land uses. Because the parcel is essentially bounded by park, they feel that the development is rather an abrupt interruption of land use and of the greenway corridor. They also expressed concern about stormwater runoff intruding into the park, if the proposed ponding system failed. The APrC suggested building a policy into the homeowner's association that states the homeowners are responsible for making sure the ponding system remains operational. SUMMARY/CONCLUSION The applicant is requesting approval of a rezoning from R-1, Single family residential to PD, Planned Development and a preliminary subdivision creating 17 lots. The applicant is proposing to subdivide the property into 17 lots, 16 townhouse lots and common area. Each unit will be individually platted and the remaining land will be managed by a self-governed association. The development as proposed will be a private area with an entrance exclusive to the development. According to the applicant "the development is intended to mimic the experience you would imagine of a Boston urban street." Although the applicant is requesting Planned Development zoning, the R-3 standards are applied for comparison. The majority of the R-3 setbacks are met with a few exceptions regarding the private road. Building height and coverage are satisfactory. Planning Report - Lexington Ridge January 27, 2004 Page 10 Stormwater is proposed to drain on and off site. Sanitary sewer is available about 400 feet southeast of the property within the Lexington/Diffley Park. Dakota County Plat Commission has indicated that street access for the development may be allowed to Diffley Road, if a variance to the County access spacing guidelines is requested by the City and the access provides a right in right out access. A right turn lane is required as well. The Police and Fire Departments are not in favor of the proposed access location on Diffley Road. There are 107 significant trees on-site, tree mitigation is required. Cash park dedication is required with this development. Park and Recreation staff recommends that the access easement through the park become void with development. ACTION TO BE CONSIDERED 1. To recommend approval of a Rezoning from R-1, Single Family Residential to PD, Planned Development for property located at 4225 Lexington Way in the northeast 1/4 of Section 27. II. To recommend approval of a Preliminary Subdivision to create 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast 1/4 of Section 27, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 2, 3, 4, Cl, 2, 3, D1, E1 2. The property shall be platted. 3. The Development shall be responsible for a cash park dedication. 4. The Development shall satisfy a portion of the landscape requirement by creating and/or enhancing a vegetative buffer along the east, south and west property lines. 5. The Development shall be allowed to construct a trail and, associated landscape berms, extending from the development to an existing internal park trail. The alignment, location and specifications to be approved by the City. No trail dedication credit shall be given for said trail or landscaping. 6. The Development shall be responsible for a cash trails dedication. 7. The existing access easement through the City park shall be terminated and the gravel portion of the existing driveway access restored to a turf condition and a curb section installed by the Developer. The Developer shall execute such documents as may be required by the City Attorney to terminate the easement. 8. To ensure survival of preserved trees, 4191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009, a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 9. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root i Planning Report - Lexington Ridge January 27, 2004 Page 11 Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off- site (i.e. park trees). 10. To require that the applicant 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. 11. The commission may want to recommend or get some kind of assurance that the developer is accountable for stormwater that may not infiltrate sufficiently (now or in the future) to avoid or minimize impacts to City park trees. 12. A cash dedication in lieu of on-site water quality ponding should be required for the remaining 1.3 acres of this development 13. The developer shall be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. 14. The developer shall be responsible for restoring the sanitary sewer and water main disturbance area within Lexington/Diffley Park to equal or better than its current condition. 15. The developer shall meet all conditions set forth by the Plat Commission regarding access to Diffley Road (Dakota County Road 30). 16. This development shall dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. 17. The developer shall be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. 18. The Developer shall be responsible for preparing a homeowners association for the development and shall also convey Lot 17 to the Association. The association and deed shall be approved by the City Attorney. M. To recommend approval of a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast I/4 of Section 27, subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan ;7,9 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 17' 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 lTSliS STANDARD.CON O~J FINANCIAL OBLIGATION-Lexington Ridge Preliminary Subdivision There are pay-off balances of special assessments totaling $-0-on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk (1) S.F. $.11875/Sq. Ft. 243,050 Sq. Ft. $28,862 Lateral Benefit Storm Sewer S.F. 26.95/F.F. 575 F.F. 15,496 Water Lateral S.F. 31.30/F.F. 575 F.F. 17,998 Total $62,356 2004 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. (1) Area for storm sewer trunk computation will be finalized at time of final subdivision approval. i 0 - A MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 0 LICF' 651-675-5700 651-675-5707 FAX DATE: 01-16-04 TO: Sheila Cartney FROM: Officer Todd Kirchgatter SUBJECT: Concerns and Recommendations for Lexington Ridge The main issue with this project that I will be addressing is the entrance to Lexington Ridge from County 30 (Diffley Rd.). Due to the fact that it is a right turn in and right turn out type of entrance, the cement median should be extended to the west. Doing so will prevent people from "taking a chance" by taking a left turn out of the development, the wrong way against traffic, to do a u-turn to go back east. The next question is where to extend the median too. If you extend it 200' to the west, you will end up on the east side of the hill, below the crest. With the median extended to that distance, a majority of left hand turns out of the development will be eliminated. But that creates a problem for west bound traffic who will be attempting u-turns to go back east bound to get to the entrance. Vehicles attempting to do that u-turn are doing so with a very small reactionary gap with east bound traffic coming over the crest. That reactionary gap applies to both east bound traffic and the vehicle doing the u-turn. You could extend the median even further, even to the crest of the hill. But I noticed while sitting in that area that there is not a point on the crest where traffic in both directions can clearly see a vehicle either stopped or doing a u- turn and have enough of a reactionary time to react. Wherever the median is extended to, the idea of having a vehicle stopped on County 30 (Diffley Rd.) waiting to do a u-turn where the speed limit is 45 MPH, with limited visibility, is simply a dangerous situation. In my opinion, the best solution to this issue is to either put in a left turn lane from west bound County 30 (Diffley Rd.) to the entrance to the development, or don't have the entrance on County 30 (Diffley Rd.). Thank You, Officer Todd Kirchgatter ~~D Written Narrative for Lexington Ridge Development The developer is proposing the development of 16 town house lots in a single-phase development. The existing land use consists of one single-family home. The home has been on the site for many years. No known wetlands are located on the site. The developer previously submitted two separate subdivision requests under the same name that proposed 8 single-family residential lots. The first proposed access through the Lexington/Diffley Athletic Fields. The Council denied access through the Park. The second submittal proposed access from the west property line off Diffley Road. Dakota County submitted their response by requiring the developer to construct a right-turn lane and a right- in/right-out access only. Both applications were withdrawn and this submittal represents a proposed access off of Diffley Road from the east property line, in the location of an existing curb cut, thereby following the right-inhight-out criteria and agreeing to construct the right-turn lane as required. The property is currently guided R-1 (0-4 units per acre) for single-family residential development. The current zoning would allow for 23 units (5.93 acres at 4 units per acre). The developer is proposing a Planned Development with 16 town house units. The density is not changing and therefore no change in the Comprehensive Guide Plan is required for this project. However, we will be requesting a zoning change to PD. The surrounding land uses and zoning within 660 feet of the development consist of the existing Diffley Road, the Lexington/Diffley Athletic Fields, the Caponi Art Park along with an existing planned residential development south of the Lexington/Diffley Athletic Fields and an agriculturally zoned but low-density guided parcel north of the site west of Lexington Way. The rezoning to a PD should have a positive impact on the surrounding area. There is not an increase in density to this area, access will be limited to a single access off of Diffley Road, and a separate right-turn lane will be constructed to minimize traffic flow on Diffley to the traveling public in this area. The development should not have an adverse affect on land value in the area, and may in fact have a positive affect to adjacent properties. It is the developer's intention, upon receipt of preliminary plat approval, to prepare final engineering plans in anticipation of a spring 2004 start of construction. It is the intention to complete the private access and utility infrastructure in the summer of 2004. Concurrent with the construction of the private and public infrastructure, the development of town homes will be underway with expected occupancy of several homes by the end of 2004. It is anticipated that the construction of all town homes will be complete by 2006. This proposed development would provide the city of Eagan several benefits. First, the existing access through the Lexington/Diffley Athletic complex to the current residence will no longer be used. The developer plans to grade the existing drive to blend with the current vegetation and landscaping, removing the curb cut where the current drive exists within the Park, and extend the existing berm along the Park property line in order to provide privacy and a line of demarcation between the Park and proposed development. Second, the developer has taken care during the engineering process to preserve a specimen tree (as requested by Greg Hove) on the east property line in order to maintain the umbrella it now provides the Park. Third, the developer has provided for privacy to the Caponi Art Park located on the West property line. By providing a retaining wall near the property line, placing the road well below the existing grade and locating the town homes toward the east end of the property (furthest from the Caponi Art Park) we have given the privacy that they requested. Fourth, the developer is providing a unique plan to the city of Eagan. The urban quaint development of Lexington Ridge will provide for another fine example of Eagan's foresight into City planning. Lexington Ridge will be a private area with an entrance exclusive to the development. The development is intended to mimic the experience you would imagine of a Boston urban street. The facade of each residence will be of similar materials but different enough in its architecture to provide visual interest. The garages will be hidden from the street so the house will be the dominant feature. The street will be a combination of cement and pavers or colored concrete as depicted in the drawings. The landscaping plan is extensive. Greg Hove (City Forester) provided assistance in tree selections. The house materials will be a combination of cement fiber-board (Nardi plank), stone or stucco, and cedar shingles. Soffits and fascia will be either cedar or Miratech (a pre-primed hardboard.) There will NOT be any aluminum or vinyl used on any part of the houses except for the windows; which will be aluminum clad. The entry doors and garage doors will be custom. The roof will be a 30 year asphalt shingle. As you see depicted in the renderings, the architecture is stunning and detailed. This development with the residences will prove the test of time. Site grading will be minimized to fit the town homes, to the extent possible, within the existing vegetation. The site is heavily wooded. Based on the preliminary grading plan, the estimated tree loss will be less than 35 percent of the total site and therefore no tree mitigation plan is included in the submittal. The utility infrastructure will start at existing adjacent properties. Water service is available from a stub out of a parking lot east of the property line within the athletic field complex. Sanitary sewer service is also available from the Park southeast of the property. Storm sewer will be discharged to the existing storm sewer in Diffley Road. The developer proposes a private drive of 24 feet width which will take private access off of Diffley Road. The drive will traverse from east to the west up the slope to the westerly property line which will level out to provide access to the lots. The developer will provide a private access easement throughout the development. Storm water ponding for quality and quantity will be provided by the pond located at the northeast corner of the property. This area is believed to have a high percolation rate as evidenced by no existing wetland vegetation. Water from the northern portion of the property will be collected in this pond. An outlet control structure will be constructed to control post- development flow to pre-development rates. Based on our analysis of the infrastructure, the rezoning to PD should not have an impact on the City infrastructure in the area. Infrastructure is available in sufficient capacity to serve this development. Based on the care and consideration provided to make this development a unique residential development within the City of Eagan, we believe that the change to PD will result in a superior development for the City. We believe that this is a type of development not currently available in the City and will add to a more diverse housing mix within the City. - Eagan boundary ` Location Map Street Centerline Parcel Area Building Footprint i' Cg ti ; E ao ~ ~d0a- = s f~ ea ~ a ft ~La s 4 ~ A 0 a ee 8. ®m a lap e to 0 ~J n o S'• fit. ~ A t1b ~ ~ 4 off... A 30 m 0 i ~ ®ar Sub'ect Site c A, ~1 91 C. Q D 6 g ® ab A~ ei~ D B 0 t a 6~m ~s o a -9L 12 G 1 ® m da v © ® o Si E p °P m®o © ......w. ® In 9 1000 0 1000 2000 Feel Development/Developer. Lexington Ridge Application: Rezoning, Preliminary Subdivision, Preliminary PD Case No.: 27-PS-24-12-03 Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of June 2DO3. /r W E 4-19nitV of ca an THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S eemmu ev oomen ep me on iss Current Zoning and Comprehensive Guide Plan Lexington Ridge Land Use Map Case No. 27-PS-24-12-03 Zoning Map -~j R1 PD P PF A PF Current Zoning: R-1 Single Family Residential up P ■ P t PD P 0 a D P 600 0 600 1200 F.et Comprehensive Guide Plan , HD Land Use Map P QP LD RC QP Current Land Use Designation: RC LD LD P ~ Low Density Residential (0-4 units/acre) s P ii 1 O/3 D P MD < O! 600 0 600 1200 Faat ►Iro.l base map inf Ilion ,by Dakota County Land Swey Department June 2003. N tg information maintained byCity Staft *City of Eagan Z, W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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I =dam • .so,~wo n a < ~ d AOSLL ~ o W o f 6 e ~ s z~~S . ~ o . o° 9 a C-3 H wW z a~ a;~ ppr~. .i ~ Z L tt f e cm ~m C j M r r: . dll Cull P.' O ! ~j z GTa C a b~ } A- F ,i1 4. Zxa L Fr I c ~ in 0- e k _ C4 a 3 i J I ' I I i J -Vtl i a ~tl gar--6;a! z a ' .•4 " o CIO . 'J i N ry~ :>?i~`~~' • :4~ .t ~ ;qtr: I I t '~r 6~ea;p; C O U N T Y December 31, 2003 City of Eagan Attention Maril3n WucheMfenninl; Surveyor's Office 3739 Pilot Knob Road Fred M. Johnson Eagan MN 55122-1810 County Surveyor Re: LEXINGTON RIDGE Dakota County Western Service Center The Dakota County Plat.Commission met on December 29, 2003, to reconsider the preliminary plat of 14955 Galaxie Avenue LEXINGTON RIDGE. Said plat is adjacent to CSAH 30, and is therefore subject to the Dakota Apple Valley, MN 55124-8579 County Contiguous Plat Ordinance. 952.891.7087 The preliminary plat indicates access to CSAH 30 on the east portion of the property where there is an Fax 952.891.7097 existing median in the road and would require right turns only. The Dakota County access spacing www.co.dakota.mmus guideline for right-in and right-out only turns is one-eighth mile spacing. The proposed preliminary plat does meet the one-eighth spacing guideline at CSAH 30. However, during the permit process to construct access at CSAH 30, the median may need to be expanded or extended and the right-turn lane needs to be constructed at the developer's expense. Also, there are concerns regarding a safety issue of proper sight distance at the access point at CSAH 30. The Plat Commission would like the developer to locate the access point at CSAH 30 in the field. The County Transportation Department will then inspect the access point for proper sight distances and possible median expansion. The preliminary plat does not show proper dedication from the existing centerline on CSAH 30. The plat must dedicate 75 feet of one-half right of way from the existing centerline. Restricted access must be shown and dedicated to Dakota County along all of CSAH 30, except for the one access opening. The Plat Commission did not approve the plat as submitted. The Ordinance requires submittal of preliminary and final plats before a recommendation is made to the County Board. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss design features of any construction in public right of way. The County Transportation Department permit process reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, allowance and size of medians, etc. Sincerely Todd Tollefson Plat Commission Secretary c: Tom Hedges, City Administrator Tom Colbert, Public Works Director Millerville, Inc. I 9D J JAN 0 2 2004 ~r I MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 27, 2004 SUBJECT: LEXINGTON RIDGE ACCESS ISSUES The Lexington Ridge Subdivision has been the subject of a number of land use applications and decisions over the years. At different times, development proposals have included access to the property through park property at the Lexington Diffley Athletic Fields. A long standing City policy position has been that, if the property is to be developed, it should take its access from Diffley Road and not through the park. The current subdivision application has been designed on the basis of this policy and proposes an access on Diffley Road, west of the Lexington Water Reservoir and the park entrance. In reviewing the details of the subdivision design, certain challenges associated with the direct access to Diffley Road have been identified. While staff believes that the proposed design will provide feasible access to the development site, a number of issues were also raised that the Planning Commission and City Council should consider as it approaches a decision in this regard. As the staff report was being compiled, the extent of the issues about the detailed design of the site access became apparent. At the staff meeting this morning, it was determined that a more complete review of the issue be provided to the Commission and Council so that the basis for the original policy is articulated and the nature of the specific access issues is outlined. Unfortunately, this discussion occurred after the Advisory Parks and Recreation Commission had already reviewed the development as presented. As a consequence, the APrC was not informed of these issues and has not had the benefit of this additional background. Site Access Policy Background In 1994 and in 2003, the City considered, but did not approve, development applications for the Remo Caponi that proposed to take access through the Lexington Diffley Park site. The reasons for these decisions were as follows: • Necessity to Upgrade the Existing Driveway to City Street Standards. Approximately 600 feet of internal access road would need to be realigned and widened to applicable City standards. The ingress/egress points of 2 parking lots would need to be realigned and possibly relocated possibly resulting in the loss of parking capacity. An existing trail, outfield fencing and landscape beds could require relocation. Because the road would terminate at a private street, a cul-de-sac would be required resulting in the potential loss of additional parking stalls/ park space. • Variance Requirements. The existing maintenance garage, US Cellular/PD cell building and out field fences may fall within the road right of way. The road length may exceed that allowed for a road with a cul-de-sac terminus. • Conflict with Park Use. The park is used on a daily basis from late April to October for youth and adult athletic activities. This includes all day weekend tournaments. On most game nights the lots are filled with overflow into the driveways and reservoir lots. A turnover of spectators or fans can be expected approximately every 1-1/2 hours, more frequently on weekends, resulting in heavy traffic and back ups/stacking at the park entrances. Residents of the development may experience difficulty entering or leaving during such times. Many park users are unattended youth who arrive on foot or by bike and see the ENTIRE park as a recreational opportunity. This includes trails, lots and roadways. • Conflict with Maintenance Activities. The existing maintenance garage is separated from the fields by a driveway which has a predictable pattern of use, that being the evenings. Maintenance equipment and employees are constantly crossing throughout the day. The potential for conflict is heightened by the routine daily traffic from the development. • Inconsistency with Park Ordinances. No persons or vehicles are allowed within a park after 11PM. Determining who is a park user and who is a resident of the development may be difficult, especially when it comes to the issue of parking on or near the new public street within the park. • Precedent. There are properties throughout the City that could be conveniently served by providing access through park property. Should this suggestion become a reality, a specific set of criteria for the consideration of such requests would need to be created. To date that has not been necessary as the current policy does not allow for such. • Maintenance. The City does not currently plow the park roads and lots that are not programmed for activity during the winter. Becoming a public road would require that the City maintain it to the connection with the private street. This would potentially have to be considered as a priority as there are no alternative routes. • Cost. The source of funding for the road improvement has yet to be determined and future street re- construction / overlay would be the city responsibility as the "benefiting" property. Diffley Road Site Access Issues In response to the City policy regarding access to the site, the developer of the Lexington Ridge proposal worked with the County Highway Department and the City Engineering Division to identify access location and design issues for the Diffley Road access. In order to address sight distance, slope maximums, the need for a median to prevent left turns and other issues, an access point near the east end of the development property was chosen. This access would be limited to right in-right out movements because of the absence of a left turn lane and prohibitive cost of installing one. The current median that establishes the left turn lanes at the intersection between Lexington Way and the Park entrance would act as a barrier to left turns for westbound traffic and left turns out of the development. Despite this being the best potential direct access to the site from Diffley Road, the following issues were identified in the staff review regarding challenges this location presents from public safety and operational and maintenance standpoints. /9 Public Safety Issues • Emergency Vehicle Access. With the proposed access design, emergency vehicles attempting to access the subdivision from westbound Diffley Road would be required to make a u-turn from westbound to eastbound Diffley. Given the traffic speeds and limited visibility from both directions, there are concerns about the safety of this u-turn. Public Safety staff doubts that a full sized fire vehicle could actually make a u-turn on Diffley Road, even with the additional right turn lane planned for eastbound Diffley. • Illegal U-Turns. History tells us that even with a posted no u-turn and occasional enforcement efforts, that some motorists on westbound Diffley will attempt u-turns to gain access to this subdivision. Traffic speeds and limited visibility make this a very dangerous violation. • Turning Options. For those westbound vehicles who wish to access the subdivision, but not make the illegal u-turn at the end of the traffic median, it is likely that they will turn on either Amberleaf Trail, or Malmo/Blueberry in order to turn around to go east on Diffley. This may not present a problem in the legal sense, but could result in additional complaints from residents of those streets. Operational and Maintenance Issues • Traffic Speeds. The speed limit on County Road 30 (Diffley Road) is posted at 45 mph. Observed travel speeds are more commonly 45 - 55 mph due to hills. Stopping and sight distance is limited to the west. • U-Turn Traffic Conflicts. There is a potential for "U" turns on Diffley creating rear-end safety hazards. Potential for development traffic to make illegal/improper left turns into oncoming County Road traffic to access west bound Diffley. • North Facing Hill. The internal street would be on the north slope of wooded hill side resulting in freeze/thaw snow and ice concerns (Private street and related maintenance responsibilities create a burden for association resulting in future request for City maintenance). Mitigation Requirements To address the issues outlined above, the proposed access alignment can be expected to require the following mitigation steps: • Additional signage, enforcement and advance warning signage on Diffley Road. • Potential need to extend median to the west. Restrictive/Prohibitive movement sign installation with related enforcement. • Construct street to City standards to allow future takeover by City if Association can't/won't maintain it in a safe manner. As noted above the purpose of this memo is to reiterate the reasons for the City policy to date to prohibit development of this property from having street access through the park, while acknowledging that the proposed access location on Diffley presents challenges as well. This is intended to provide decision makers with additional background on which to make final decisions with respect to this development proposal and the access to it. If you have any questions, please let me know. To: Eagan Advisory Planning Commission From: Anthony Caponi Date: January 27, 2004 Re: Reasons To Deny The Lexington Ridge Multi-Family Development Application Submitted By Millerville, Inc. The City of Eagan and Dakota County have been actively working to preserve the Eagan Core Greenway and the citizens of Eagan voted overwhelmingly in support of the county bond referendum that is making this possible. The Millerville 6-acre property is part of the lynch pin of the Eagan Core Greenway. It connects Patrick Egan Park and the Caponi Art Park to City parks and Lebanon Hills Regional Park to the south and east. Multi-family housing is an incompatible use of this property. Regardless of how well the development is designed or how beautiful the houses - They are in the wrong place! How these 6-acres fell through the cracks is a long story but suffice it to say that this property was one of the sites to be purchased by the city of Eagan had the park bond referendum passed in 1995. The owner waited for years for the chance to make this land part of the Caponi Art Park. He couldn't wait any longer. After all, it was only last week that I found out myself that Dakota County approved funds toward assuring the future of the Art Park. So it is understandable how the offer of a large sum of money at this time changed the whole situation. The developer has paid big money for these 6-acres and his main concern is to make a profit. Neither his development nor his expensive townhomes has anything to do with community need. On the other hand both the City and the County have. recognized the value of the Art Park for the community. In 1993 when Diffley Road was expanded they made major changes to the design to accommodate the needs of the Park. The bike path on the south side of Diffley was omitted so as not to cut into the hill that forms the back of the park's amphitheater. They went to the expense of installing a pedestrian underpass to make up for the missing sidewalk. Even the Dakota Electric Association buried its power lines the full length of the Art Park to maintain the natural setting along DifIley. The City and County also removed the center lane from the road because there was no room for it without damaging the ArtPark. If you stand at the intersection of Diffley and Pilot Knob Roads looking east you will see that the road narrows from 5 lanes to 4 at the Art Park until it reaches the median near the end of the Park where it begins to expand again for the intersection with Lexington Way and the entrance to the athletic fields. Where the road is narrow there are steep slopes on the south side and equally steep pits on the north side that discourage expansion on either side of the road. Now comes the proverbial developer with his bulldozers with plans to truncate one of the highest hills in Eagan and requires major changes to DifIley Road to provide a safe entrance to a minor development that intrudes on the organic unity of the Eagan Core Greenway. The Police Department knows what it's talking about when it speaks of the danger of an entrance off of Diffley. The Fire Department knows what it's talking about when it suggests it needs a left-turn lane for its equipment. I know what I'm talking about because I've lived here for 50 years and know the land. The remedies suggested to accommodate the development are too intrusive and too costly to be justified by a strictly commercial enterprise. • There are only drop-offs where the road is supposed to be widened for the extra lane or to permit the extension of the median. • Extending the median will block access to the service road into the north half of the Art Park, the parcel that is in the process of becoming City property. • I know how dangerous it is to have driveway access directly onto Diffley. I will skip the details of requiring the developer to install sound abatement fences and my concerns about light pollution because all our efforts should go toward denying approval of the Lexington Ridge application altogether. MEMO city of eagan TO: SHEILA CARTNEY, PLANNER FROM: DALE WEGLEITNER, FIRE MARSHAL DATE: JANUARY 29, 2004 SUBJECT: LEXINGTON RIDGE The issue with the Lexington Ridge development is access, not response time. While fire trucks would respond to a call from both stations, fire station 3 at Pilot Knob and Wilderness Run Road, and fire station 4 located at Dodd and Diffley Roads, in most cases, the first fire truck would be coming from Fire Station 4. For this truck to gain access to the development, the driver would need to make a U-turn on Diffley Road between two hills, which is a very dangerous turn. If the driver did not make a U-turn, the driver would have to travel west on Diffley Road to the area near Blueberry Road and N. Malmo Lane, turn, and go back east to gain access to the development. Fire trucks would then be passing each other on Diffley Road, causing more confusion. Fire Marshal DW/js cc Bob Kriha, Fire Chief Dale Schoeppner Chief Building Offical Agenda Information Memo February 3, 2004 C . ORDINANCE AMENDMENT, CHAPTER 5, WINE. BEER AND LIQUOR LICENSING AND REGULATION ACTION TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. BACKGROUND: Legislative changes to Minn. Stat. 340A, governing liquor licensing and regulation, and basic housekeeping matters have prompted staff to seek an ordinance amendment to Eagan City Code Chapter 5, Beer, Wine and Liquor Licensing and Regulation. HOURS OF 3.2 PERCENT MALT LIQUOR SALES FACTS: • On July 15, 2003, the City Council approved an ordinance amendment to coincide with new statutory language to allow intoxicating liquor and 3.2% malt liquor on- sale establishments to stay open until 2:00 a.m. • Inadvertently, Section 5.34 of the City Code pertaining to 3.2% sales was not changed to reflect the new hours for on-sale 3.2% establishments as authorized by Council. • Additionally, at that time, staff understood the change to affect only on-sale establishments; however, after an off-sale 3.2% malt liquor establishment contacted the City regarding the hours of off-sale malt liquor establishments, it was determined that the change to state law allows both on and off-sale 3.2% liquor sales to occur until 2:00 a.m. • The ordinance amendment corrects the oversight regarding the on-sale hours of 3.2% malt liquor thereby allowing establishments to sell 3.2% malt liquor until 2:00 a.m. and also allows off-sale hours for 3.2% malt liquor to be extended to 2:00 a.m. INSURANCE REQUIREMENTS FOR TEMPORARY BEER AND LIQUOR LICENSEES FACTS: • Last year, staff was contacted by a representative of the Eagan Lion's Club who requested the insurance requirements for temporary license holders be increased. Apparently, the Minnesota Joint Underwriting Association will only issue an insurance policy for the amount required by the agency issuing the license for a special event (temporary license). Currently, the City Code contains a provision 0.2- which allows the Council to grant a temporary liquor license on premises owned by the City. The insurance required is $100,000 for injury to any one person, $300,000 for injury to more than one person and $25,000 for property damage. According to the Lion's Club representative, increasing the base limits does not significantly increase premiums. The Lion's Club does not feel that the City's limits are sufficient should an incident occur. The suggested insurance requirements are $300,000 for injury to any one person and $600,000 for injury to more than one person. • Regarding insurance requirements, there is an insurance provision for the temporary liquor licensees in the Code; however, there is nothing explicit in the section pertaining to temporary beer licensees. As clarification, staff is requesting language be included for both types of temporary licenses. HOLIDA Y HO URS A ND DAYS OF LIQUOR SALES FACTS: • The ordinance amendment is proposed to clarify language regarding holiday hours and days of liquor sales. There is no change proposed in the actual hours or days of sales. The change is for clarification purposes only. Notice of the ordinance amendment was sent to all affected licensees informing them of the proposed changes. ATTACHMENTS: • Draft ordinance amendment enclosed on page a o~ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION " BY AMENDING SECTIONS 5.32, 5.34 AND 5.57 REGARDING 3.2% SALE HOURS AND TEMPORARY LICENSE INSURANCE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing Section 5.32 by adding subdivision 3 to read as follows: Subd. 3. Insurance required. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary beer license on premises owned or controlled by the City. Any such license may be conditioned, qualified, or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to the issuance of the license, a certificate of liability insurance coverage in at least the sum of $300,000.00 for injury to any one person, $600,000.00 for injury to more than one person and $25,000.00 for prope damage, naming the City as an insured during the license period. Section 2. Eagan City Code Chapter Five is hereby amended by changing Section 5.34 to read as follows: Sec. 5.34. Hours and days of beer sales. No on-sale or off-sale of beer shall be made between the hours of 4-.t80 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between the hours of 4-.09 2:00 a.m. and 12:00 noon on Sunday. Section 3. Eagan City Code Chapter Five is hereby amended by changing Section 5.53 to read as follows: Sec. 5.53. Hours and days of liquor sales. Except as otherwise provided in section 5.54, no on-sale liquor sales shall be made after 2:00 a.m. on Sunday, nor between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday. No off-sale liquor sales shall be made: 1. on Sunday, Thanksgiving Day, or Christmas Day, December 25; a©~ 2. before 8:00 a.m. or after 8:00 p.m. on Monday through Thursday, except that on the Wednesday evening preceding Thanksgiving Day, off-sales may be made until 10:00 p.m.; or 3. before 8:00 a.m. or after 10:00 p.m. on Friday and Saturday, unless it is December 24, then no sale of liquor shall be made after 8:00 p.m. on Sunday nor- befer-e 8:00 a.m. or- after- 8:00 p.m. of any day, emeept Friday and , on whieh days eff sale may be made until 10!00 p.m. Ne off sale shall be made e Thanksgiving Day, or- Quistmas Pay, Desember- 25, but on the evenings pr-eeedifig sueh days, if the sale of liquor- is not ethepMse pFehibited on such evenings, off sales may-be made until 10: 00 p.m. No sale of liquor- shall be made after- 8 - 00 p.m. on Deeember- 2 4. Section 4. Eagan City Code Chapter Five is hereby amended by changing Section 5.57, subd. 4 to read as follows: Subd. 4. Insurance required. The council may, but at no time shall it be under any obligation whatsoever to, grant a temporary liquor license on premises owned or controlled by the city. Any such license may be conditioned, qualified or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000.00 $300,000.00 for injury to any one person, $300;980.99 $600,000.00 for injury to more than one person, and $25,000.00 for property damage, naming the city as an insured during the license period. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: i MEMO city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: COMMUNICATIONS DIRECTOR GARRISON ADMINISTRATOR HEDGES DATE: FEBRUARY 3, 2004 SUBJECT: ADMINISTRATIVE AGENDA/ACCEPTANCE OF CONTRIBUTIONS TO MAKE HISTORY PROJECT POSSIBLE FACTS: • With 44% of Eagan residents having lived in Eagan for fewer than 10 years (according to the Community-Wide Survey), it has often been suggested that few Eagan residents understand or fully appreciate the history of the community in which they live. • Councilmembers may recall that about a year ago an idea was suggested to put together a deck of playing cards conveying-in brief-Eagan's history on 52 playing cards. The idea was appropriately set aside because of the cost of the project, constrained City resources, and more immediate priorities. • The idea was referred to the History Committee and they were asked to come up with 52 historical stories for possible use to have one mini-history story per week as a fun fact on the City's Web site. • The History Committee has now come up with those 52 mini-history facts and the facts are ready to be deployed on the City's Web site, but there exists a unique opportunity to publish the stories on playing cards at NO cost to the City, and with absolutely minimal staff involvement, but with significant positive PR and branding possibilities. • The Dakota County Tribune, Dakota Electric and The Eagan Convention and Visitors Bureau have offered to contribute $6,750 to make publishing 2,000 decks of cards possible. Further, the Dakota County Tribune has offered to design the cards at no cost to the City. • Staff time would be limited to giving final design and content approval to the cards. • The history cards would be distributed to history teachers at all Eagan schools, and would be available for sale at Eagan City Hall and the Eagan Community Center. Such playing cards have the added advantage of being more cost-effective for diplomatic exchange gifts for visiting delegations from other countries than such exchanges have been in the past. • Because of "end of season 2003 pricing," the cost to order playing cards such as these will rise to 2004 levels for orders placed after February 16. REQUESTED ACTION: • Accept contributed funds and authorize history card project. /s/ Thomas L. Hedges City Administrator oX9 a46 Agenda Information Memo February 3, 2004 Eagan City Council Meeting Other Business A. CONSIDER A RESOLUTION APPROVING PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES ACTION TO BE CONSIDERED: To continue indefinitely a Resolution Approving the Preliminary Redevelopment, Purchase Option and First Refusal Agreement Between the Eagan Economic Development Authority and United Properties. FACTS: • The EDA previously entered into a preliminary redevelopment agreement with United properties for the redevelopment of Cedar Grove Redevelopment District Subarea 1B, in the northeast corner of the Cedar Avenue-Hwy 13 interchange. • United has entered into a purchase agreement to acquire the Sill property, which makes up the easternmost parcel within Subarea 1B. Before closing on this property in mid-January, United has requested consideration of modifications of the preliminary redevelopment agreement to extend the performance timeline and more formally commit the City to the sale of the City owned parcel in Subarea 1B to United if they are able to bring a development proposal forward. The City owned parcel lies along the south and west sides of the subarea. • In the course of performing its due diligence on the property, results of the environmental reviews indicated the presence of materials that will require remediation prior to the property being suitable for construction. While the nature and extent of the materials appear suggest that the remediation will be manageable, staff and representatives of United are discussing the best strategy and mechanism by which to assess the condition of the remainder of the redevelopment property and remediate the situation. As a consequence, it is likely that the revised agreement will be modified before it is returned to the EDA and Council for review. Therefore staff is recommending that this item be continued indefinitely. ~D~